Chapter 1.19 Supplementary Regulations

CHAPTER 1.19
SUPPLEMENTARY REGULATIONS

Sections:
1.19.005 Purpose.
1.19.010 Compliance Required.
1.19.015 Swimming Pools.
1.19.020 Flag Poles.
1.19.025 Child Care.
1.19.030 Location of Fuel Dispensers.
1.19.035 Manufactured and Modular Homes.
1.19.040 Mobile Homes.
1.19.045 Trash Enclosures.
1.19.050 Residential Facility for Elderly Persons.
1.19.055 Residential Facility for Persons with a Disability.
1.19.060 Residential Architectural Standards.
1.19.070 Recreational Vehicle Parks Regulations.
1.19.075 Tattoo/Body Art Business Regulations.
1.19.080 Towing and Impound Yards.
1.19.090 Self-Service Storage.
1.19.095 Commercial Outdoor Storage.

1.19.005 PURPOSE.
The regulations found in this Chapter, supplement regulations appearing elsewhere in this Title.

1.19.010 COMPLIANCE REQUIRED.
The regulations found herein and permits issued are required to be in compliance with this Chapter and any other supplement regulations appearing elsewhere in this Title.

1.19.015 SWIMMING POOLS.
Private swimming pools shall meet the following standards and may be constructed or installed once a Building Permit has been issued.

A. Setback. Pools shall be located no closer than thirty (30) feet to any dwelling on an adjoining lot or property and not closer than ten (10) feet to any property line; and

B. Controlled Access. Pool areas shall be secured by a six (6) foot fence with self-closing and self-latching gates or in an enclosed building that has controlled access. Jacuzzis, spas, hot tubs, whirlpools may use a hard cover supplied by the manufacturer rather than the fence as noted above.

1.19.020 FLAG POLES.

A. Height. The maximum height of a flag pole shall not exceed the maximum height allowed for any structure in the zoning district where the pole and flag shall be located; and

B. Clearance. A flag pole shall not be located in such a manner as to cause a safety hazard. No pole or flag shall extend beyond the property line of the lot on which the flag pole is located.

1.19.025 CHILDCARE/PRESCHOOL.
Childcare shall follow the limits, ratios and care regulations in accordance with the State of Utah Childcare rules. Childcare providers and all Childcare Facilities as defined within the current State of Utah Childcare Licensing and Facility Rules and Public Safety Fire Marshal Day Care Rules, shall follow all rules and regulations herein regarding licensing and facility standards. In addition, Childcare Facilities shall be inspected by the City Building Inspector and/or City Fire Inspector and shall comply with all zoning, fire, sanitation, building and licensing laws, regulations, Ordinances, and Codes of the City and the State of Utah prior to final approval by Tremonton City.

A. Childcare/Preschool, Residential-Minor. In accordance with the requirements, standards, and approval process contain in Chapter 24 and other applicable Sections and Chapters of this Title, a Home Occupation Permit for a Childcare/Preschool, Residential-Minor may be approved if the proposed Childcare/Preschool meets the following standards:

1. Number of Children. There shall be a maximum of six (6) children including the caregiver’s own children;

2. No Employees. There are no employees that do not reside in the dwelling;

3. Noise Regulations. The use shall comply with Chapter 1.20 Noise Regulations;

4. Play Yard Location. The outdoor play yard shall not be located in the front yard and shall be securely fenced with a minimum four (4) foot high fence;

5. On-Site Parking. The lot shall contain one available on-site parking space not required for use of the dwelling and shall be located in such a way as to insure the parking is functional and does not change the residential character of the lot;

6. No Sign. No signs shall be allowed on the dwelling or lot;

7. Licensing and Other Laws. The childcare/preschool operator shall comply with all applicable licensing regulations adopted by Tremonton City and shall comply with all local, state and federal laws and regulations;

9. Inspection. All homes shall require an inspection by the City Building Inspector or Fire Inspector prior to operating and shall be inspected on an annual basis prior to certificate or license renewal.

B. Childcare/Preschool, Residential-Major. In accordance with the requirements, standards, and approval process contain in Chapter 24 and other applicable Sections and Chapters of this Title, a Home Occupation Permit for a Childcare/Preschool, Residential-Major may be approved if the proposed Childcare/Preschool meets the following standards:

1. Number of Children. There shall be a maximum of twelve (12) children including the caregiver’s own children;

2. One Employee. There shall be no more than one (1) employee at any one time that does not reside at the residence;

3. Noise Regulations. The use shall comply with Chapter 1.20 Noise Regulations;

4. Play Yard Location. The play yard shall not be located in the front yard and shall be securely fenced with a minimum four (4) foot high fence;

5. On-Site Parking. The lot shall contain one (1) available on-site parking space not required for use of the dwelling and one (1) additional parking space for employee that does not reside in the home. The additional parking spaces shall be located in such a way as to insure that the parking area is functional and does not change the residential character of the lot;

6. No Signs. No signs shall be allowed on the dwelling or lot;

7. Licensing and Other Laws. The use shall comply with Tremonton City licensing regulations and other local, state and federal laws and regulations;

1.19.030 LOCATION OF FUEL DISPENSERS.
Fuel dispensers shall be set-back no less than twenty-five (25) feet from any street line to which the pump island is perpendicular, and twenty (20) feet from any street line to which the pump island is parallel, and not less than twenty-five (25) feet from any residential, agricultural or commercial/industrial district boundary line. If the pump island is set at an angle on the property, it shall be so located that the automobiles stopped for service shall not extend over the property line. Installation shall be done in accordance to the International Fire Code, NFPA, and other applicable industry standards and Codes.

1.19.035 MANUFACTURED AND MODULAR HOMES. Upon application and payment of a fee, a Building Permit may be issued for the placement of a Manufactured Home, (each reference in this Chapter to a manufactured home shall be deemed to also refer to a modular home except where the context of the language or requirements of the law provide for reference to one type of home only) provided it meets or shall be constructed to meet the requirements of Federal Law, State Law, and this Title, as currently stated or as may be amended and further provided that it shall be placed on a lot zoned for Single-Family Dwellings within Tremonton City (pursuant to Utah Code Annotated 10-9a-514). Application for such Building Permit shall be made to the designated Tremonton City Building Official, or other designated official or department. The Building Permit shall be granted upon evidence of compliance, or present ability to comply, to the satisfaction of the Tremonton City Building Official, with all the local zoning, building code and subdivision requirements within the zone or area proposed for construction; and provided further that the Manufactured Home shall be attached to a permanent foundation in accordance with plans providing for vertical loads, uplift and lateral forces and frost protection in compliance with the applicable building code, and with the following provisions and conditions:

A. Engineered Foundation. Each Manufactured Home shall also be installed on said foundation in accordance with the manufacturer’s installation instructions and stamped by an engineer licensed in the State of Utah. Each Manufactured Home shall be installed with or without a basement that meets or exceeds applicable requirements of the building codes and the manufacturer’s installation instructions. This shall also include the removal of towing hitches and running gear, which includes tongues, axles, brakes, wheels, lights and other parts of the chassis that operate only during transport.

B. Lot Regulations. The lot upon which said Manufactured Home is to be placed shall comply in all respects with the then-existing zoning requirements for the district in which it is located, including but not limited to: lot size, building setback, access, enclosures, yard requirements and the length of the structure facing the street or roadway to which it shall be addressed;

C. Home Constructed on or After June 15, 1976. Each Manufactured Home shall have been constructed on or after June 15, 1976, according to the Federal Home Construction and Safety Standards Act 1974 (HUD Code), and shall not have been altered or otherwise remodeled in violation of the HUD Code. Each Manufactured Home shall be identifiable by the manufacturer’s data plate bearing the date the unit was manufactured and a HUD label attached to the exterior of the home certifying that the home was manufactured to HUD standards;

D. Building Appendages. Any and all appendages to each Manufactured Home and for accessory uses, such as steps and stoops, carports or garages, storage buildings, antennas, satellite dishes, patios, awnings, additions, or alterations shall be built in compliance with and conform to the applicable building codes. Main entry steps, stoops and porches shall be concrete or masonry and shall have required guardrails and handrails, if appropriate;

E. Utilities and Hose Bibs. Each Manufactured Home shall have permanent connection of all services to local utilities, with local authority approval being required. This shall include two (2) hose bibs when not contained with the Manufactured Home;

F. Title Delivered to Box Elder County. The owner of each Manufactured Home shall cause the document of title, as soon as the same is received from the manufacturer, to be delivered to the Box Elder County Assessor in the manner required by law and said home shall thereafter be subject to taxation as real property;

G. Residential Architectural Standards. Each Manufactured Home shall meet the Residential Architectural Standards contained in 1.19.060; and

H. Standards Being Misconstrued. Nothing in this Section is intended, nor shall be construed as being intended, to limit or exclude the construction or placement of a permanent dwelling on a lot zoned for Single-Family Dwellings as heretofore may have been permitted by the existing legislation.

1.19.040 MOBILE HOMES.
A Mobile Home shall only be allowed on a Mobile Home Space in an approved Mobile Home Park and designed for long-term occupancy. In determining if such a dwelling is designed for long-term occupancy, the following criteria shall be used: such a dwelling contains a flush toilet, sleeping accommodations, a tub or shower bath, kitchen facilities, and plumbing and electrical connections provided for attachment to appropriate external systems, and ready for occupancy except for connections to utilities and other minor work. A Building Permit is issued upon evidence of compliance, or present ability to comply, with the satisfaction of the Tremonton City Building Official, Zoning Ordinance, and Building Codes. Mobile Homes shall also meet the following:

A. Constructed on or After June 15, 1976. Each Mobile Home shall have been constructed on or after June 15, 1976, according to the Federal Home Construction and Safety Standards Act 1974 (HUD Code), and shall not have been altered or otherwise remodeled in violation of the HUD Code. Each Mobile Home shall be identifiable by the manufacturer’s data plate bearing the date the unit was manufactured and a HUD label attached to the exterior of the home certifying that the home was manufactured to HUD standards;

B. Installation Guidelines. Each Mobile Home shall be set up in accordance with manufactures installation guidelines;

C. Landings, Steps, and Handrails. Each Mobile Home shall have proper landings, steps, and handrails in accordance with the International Residential Code; and

D. Connection to Utilities. Each Mobile Home shall connect to an approved culinary water and sanitary waste systems.

1.19.045 TRASH ENCLOSURES.
A permanent enclosure for temporary storage of garbage, refuse and other waste materials shall be provided for every use, other than single-family dwellings and multiple-family dwellings of less than four (4) units. The enclosure shall be entirely surrounded by screen walls or buildings. Trash enclosures shall comply with the following regulations:

A. Construction: Trash enclosures shall be so constructed that contents are not visible and shall be constructed of solid or ornamental pierced masonry walls with solid concrete floor sloped for drainage and maintenance of sanitary conditions. Enclosures shall be of sufficient height to conceal contents, including containers, but in no case shall any enclosure be less than six (6) feet in height above grade. Gates are required and shall be solid or baffled, equal in height to the enclosure and equipped with latches to ensure closure when not in use.

B. Location: Trash enclosures shall not be located in any required front or side yard.

1.19.050 RESIDENTIAL FACILITIES FOR ELDERLY PERSONS.
Pursuant to Title 10, Chapter 9a, Sections 517, 518, and 519 of the Utah Code Annotated (1953), a Residential Facility for Elderly Persons shall meet the requirements of this Section. Any approval or permit granted for a building or structure for a Residential Facility for Elderly Persons is non-transferable and terminates if the building or structure (dwelling) is devoted to a use other the a Residential Facility for Elderly Persons or if the building or structure (dwelling) fails to comply with the regulations of this Section.

A. Standards for Residential Facilities for Elderly Persons in a Multi-Family Residential Zone. A Residential Facility for Elderly Persons in a Multi-Family Zone is subject to the following requirements and all other provisions of this Section:

1. Ordinances and Regulations. The Residential Facility for Elderly Persons shall meet all applicable building, safety, zoning, and health ordinances or regulations which apply to similar dwellings.

2. Off-Street Parking. Off-street parking shall provide a minimum of two (2) spaces, plus one-half (1/2) space per occupant.

3. Structural or Landscaping Alterations. Structural or landscaping alterations to an existing building or structure (dwelling) which would change the residential character and appearance of the property are not allowed. New buildings or structures (dwellings) shall be compatible in general appearance and design with dwellings in the surrounding neighborhood.

4. Alcoholism or Drug Treatment Prohibited. Persons being treated for alcoholism or drug abuse may not be placed in a Residential Facility for Elderly Persons permitted under this Section.

5. Voluntary Placement. Placement in a Residential Facility for Elderly Persons permitted under this Section shall be on a strictly voluntary basis and shall not be a part of, or in lieu of, confinement, rehabilitation or treatment in a correctional or rehabilitation facility.

6. State Licensing Regulations. Residential Facility for Elderly Persons permitted under this Section shall meet all applicable state licensing regulations and failure to meet these regulations shall be a violation of this Section.

7. Separation Requirement. A Residential Facility for Elderly Persons may not be located within three-quarters (¾) of a mile from another Residential Facility for Elderly Persons, which distance shall be measured in a straight line from property line to property line.

B. Standards for Residential Facilities for Elderly Persons in a Single-Family Zone. A Residential Facility for Elderly Persons in a Single-Family Zone is subject to the following requirements and all other provisions of this Section.

1. Ordinances and Regulations. The Residential Facility for Elderly Persons shall meet all applicable building, safety, zoning, and health ordinances or regulations which apply to similar dwellings.

2. Off-Street Parking. Off-street parking shall provide a minimum of two (2) spaces, plus one-half (1/2) space per occupant.

4. Alcoholism or Drug Treatment Prohibited. Persons being treated for alcoholism or drug abuse may not be placed in a Residential Facility for Elderly Persons permitted under this Section.

6. State Licensing Regulations. Residential Facility for Elderly Persons permitted under this Section shall meet all applicable state licensing regulations, and failure to meet these regulations shall be a violation of this Section.

8. Conditional Use Permit Exception. Pursuant to Utah Code Annotated 10-9a-519 (6) the requirements of this section that a Residential Facility for Elderly Persons obtain a Conditional Use Permit or other permit do not apply if the facility meets the requirements of existing land use ordinances that allow a specified number of unrelated persons to live together. See definition of ʺSingle-Familyʺ in Chapter 1.03.

1.19.055 RESIDENTIAL FACILITY FOR PERSONS WITH A DISABILITY.

A. Purpose. The purpose of this Section is to comply with Sections 10-9a-516 and 520 of the Utah Code; and avoid discrimination in housing against persons with disabilities as provided in the Utah Fair Housing act and the Federal Fair Housing act as interpreted by courts having jurisdiction in Utah.

B. Permitted Use. Notwithstanding any contrary provision of this Title, a Residential Facility for Persons with a Disability shall be a permitted use in any zone where a similar dwelling is allowed. A Residential Facility for Persons with a Disability that would likely create a fundamental change in the character of the neighborhood may be excluded from a zoning area.

C. Development Standards. A Residential Facility for Persons with a Disability is subject to the following requirements and all other provisions of this Title:

1. Ordinances and Regulations. The Residential Facility for Persons with a Disability shall comply with all building, safety and health regulations which apply to similar structures.

a. Each facility shall be subject to the same development standards applicable to similar structures located in the same zoning district in which the facility is located.

b. The minimum number of parking spaces required for a facility shall be the same as for similar structures located in the same zoning district in which the facility is located.

c. Residential Facilities that are substance abuse facilities and within five hundred (500) feet of a school shall provide:

1. A security plan satisfactory to local law enforcement;

2. Twenty four (24) hour supervision for residents; and

3. Other twenty four (24) hour security measures.

D. Separation Requirement. No Residential Facility for Persons with a Disability occupied by more than five (5) persons shall be established or maintained within six hundred sixty (660) feet, measured in a straight line to the closest lot or parcel line, of any one of the following facilities:

1. Another Residential Facility for Persons with a Disability licensed for the housing of more than five (5) disabled persons;

2. A Residential Facility for Elderly Persons with more than five (5) elderly persons in residence; or

3. Protective housing facility; transitional housing facility; assisted living facility; or rehabilitation/treatment facility.

E. Operator’s Requirements. Prior to occupancy of any Residential Facility for Persons with a Disability, the person or entity operating the facility shall:

1. Provide to the City a copy of any license or certification required by the Utah State Department of Health or the Utah State Department of Human Services.

F. Reasonable Accommodations.

1. None of the requirements of this Section shall be interpreted to limit any reasonable accommodation necessary to allow the establishment or occupancy of a Residential Facility for Persons with a Disability.

2. Any person or entity wanting a reasonable accommodation shall make application therefore to the Zoning Administrator or designee and shall articulate in writing the nature of the requested accommodation and the basis for the request.

3. The Zoning Administrator, or designee, shall render a written decision on each application for a reasonable accommodation within thirty (30) days. The decision shall be based on evidence of record demonstrating:

a. The requested accommodation shall not undermine the legitimate purposes of existing zoning regulations notwithstanding the benefit that the accommodation would provide to a person with a disability;

b. That, but for the accommodation, one (1) or more persons with a disability likely will be denied an equal opportunity to enjoy housing of their choice; and

c. That equal results will be achieved as between the person with a disability requesting the accommodation and a nondisabled person.

d. If a reasonable accommodation request is denied, the decision may be appealed to the Appeal Authority within thirty (30) days of the decision denying the request in the manner provided for appeals of administrative decisions set forth in this Title.

G. Termination. A use permitted by this Section is nontransferable and shall terminate if:

1. The facility is devoted to a use other than a residential facility for persons with a disability; or

2. Any license or certification issued by the Utah Department of Health or the Department of Human Services for such facility terminates or is revoked; or

3. The facility fails to comply with the requirements set forth in this Title.

1.19.060 MULTI-FAMILY ARCHITECTURAL AND LANDSCAPE DESIGN STANDARDS.

Multi-Family Attached, Multi-Family Stacked, and Multi-Family Twin Home dwellings (also referred to as Multi-Family Dwelling developments) shall meet or exceed the following architecture and landscape design standards listed below. The Developer agrees to record architectural and design standards within Covenants, Conditions, and Restrictions that are recorded in the Box Elder County Recorder’s Office with the platting of each subdivision for multi-family dwellings if sold to a third-party. As part of the Site Plan review process, the Developer shall submit building elevations that comply with the architectural and landscape design standards and be approved by the Development Review Committee.

A. Masonry Materials. Building elevations, including front, side, and rear, shall be comprised one-hundred (100) percent of masonry, which includes brick, stone, stucco, and cement fiberboard.

B. Roofline. Roofline shall vary by having multiple gables extending above the eves or varying roofline heights between units.

C. Glazing. Front elevation shall be comprised of at least twelve (12) percent in glazing/windows.

D. Front Elevations and Front Doors to face the Public Street. Front elevations of buildings shall be oriented towards the public street, and front doors shall be visible from the public street.

E. Covered Front Door Entries. All units within a Multi-Family Dwelling development shall have a covered entry over the front door.

F. Architectural Elements in the Front Elevations. Front elevations shall be comprised of the following architectural elements, including pillars, gables roofs, and shed roofs. Each architectural element shall be integrated harmoniously into the design as determined by the Development Review Committee.

G. Landscaping. The landscaping of all types of Multi-Family Dwellings developments shall be landscaped in accordance with Tremonton City Land Use Code, including but not limited to Chapter 1.17 Off-Street Parking Regulations and Chapter 1.18 Landscaping, Buffering, and Fences Regulations.

1.19.070 RECREATIONAL VEHICLE PARKS REGULATIONS.

A. Definitions.

1. Recreational Vehicle or RV. A motor vehicle or trailer which include but is not limited to: motor homes, travel trailers, pick-up campers and tent trailers; equipped with living space and amenities found in a home.

2. Recreational Vehicle Park or RV Park. A place where people with recreational vehicles can stay overnight, or longer, in allotted spaces known as RV Rental Space.

3. RV Rental Space. A RV rental space is an area in a RV Park in which a patron rents and is comprised of the following uses: RV pad, off-street parking space for a passenger vehicle, opens space.

B. Purpose. The purpose of these regulations is to ensure that recreational vehicle (RV) parks meet minimum standards of habitability and do not adversely impact surrounding properties.

C. Conflicting Regulations. In the event of conflict between any provision of this section, or any controlling City or state regulation pursuant thereto, the state law or regulation shall apply. If the state law or regulation is not controlling, then the more stringent provision or that requiring higher standards shall apply as interrupted by the Zoning Administrator.

D. RV Park Dimensional Standards. The following dimensional standards and setbacks shall be required in a RV Park:

1. RV Park Size. RV Parks are to be located on a parcel of land not less than three (3) acres in area.

2. RV Rental Space Size. Each RV rental space shall be comprised of open space and a recreational vehicle parking pad. Said open space shall be no less than 1,500 square feet and landscaped, include at least one tree, and sufficient space for tow vehicle or vehicle in tow. The parking pad for the recreational vehicle shall be a minimum of 10 feet by 40 feet. RV parking stalls may be a maintained gravel surface. All RV Rental Spaces shall have a minimum frontage of twenty (20) feet along an interior roadway.

3. Permanent Building Setback Requirements. On site permanent buildings shall meet the minimum setback requirements from property lines as required of RM-8 zoning.

4. RV Rental Space Setback Requirements. Each RV rental space shall meet the following setback requirements:

a. Fifty (50) feet when abutting a State or Federal highway or designated major arterial;
b. Twenty-five (25) feet when abutting a public right of way other than a above;
c. Fifteen (15) feet when abutting any property line other than a or b above;
d. There shall be a minimum distance of ten (10) feet provided between RV units parked side by side;
e. There shall be a minimum distance of ten (10) feet between RV units parked end to end;
f. There shall be a minimum distance of twenty (20) feet between any RV space and any building.

E. Streets. Streets or roadways and parking areas within the RV park shall be designed to provide safe and convenient access to all spaces and to facilities for common use by park occupants, and shall be constructed and maintained to allow free movement of emergency and service vehicles at all times, and shall be graded to drain and surfaced with asphalt or concrete, the design of which shall be approved by the City Engineer, to maintain proper drainage and minimize dust.

1. All interior roadways shall be at least thirty-two (32) feet in width for two-way traffic, and at least eighteen (18) feet in width for one-way traffic.

2. A forty-five (45) foot turning radius shall be required on all curves, to allow access by emergency vehicles.

3. Any bridges within the development shall have a capacity of at least sixteen (16) tons, to allow access by emergency vehicles.

4. Road grades shall not exceed six (6) percent. Access into the park from a public street shall meet the same design standards as those of the public street, for a distance of forty (40) feet from the property line into the development.

F. Utilities. Each RV Park shall be constructed with underground utilities to meet the minimum requirements below:

1. Electricity. A minimum of eighty percent (80%) of all rental spaces shall be equipped with an electrical outlet supplying at least 110 volts, or 110/220 volts, installed in accordance with state and local electrical codes.

2. Sanitary Sewer. A minimum of eighty percent (80%) of all rental spaces shall be equipped with a hookup to a public sewage system by way of a branch line and riser pipe at least four (4) inches inside diameter. The riser pipe shall be capped with a watertight cap or plug when not in use. Sanitary sewage systems shall be installed in compliance with state and local plumbing codes.

3. Water Supply. An accessible, adequate, safe and potable supply of water under pressure shall be provided in every RV Park. The water supply system shall be designed, constructed and maintained in compliance with applicable City standards. Each rental space equipped with sewer and electrical hookups shall also be equipped one (1) water connection. All other rental spaces shall be equipped with one (1) water connection. Water supply shall be installed in compliance with state and local plumbing codes.

G. Sanitation.

1. In addition to each RV parking site, each recreational vehicle park shall maintain, as a minimum, one (1) sanitary sewer dump site for the sole use of receiving discharge from recreational vehicle holding tanks.

2. Central Trash Collection. Each RV Park shall provide centralized trash collection which shall be distributed throughout the RV Park in locations determined through the Site Plan Permit process. The trash enclosures shall be constructed in accordance with 1.19.45.

H. Hygiene Facility. Every RV Park shall contain one public hygiene facility apportioned on the basis of one facility per 30 vehicle spaces or fraction thereof for each sex. A shower, flush toilets, lavatory and sink shall be provided in a like ratio. Hot and cold running water shall be provided. One washer and dryer per 30 vehicle spaces or fraction thereof shall be provided. Such public hygiene facilities shall be conveniently located at a distance of not more than three hundred (300) feet from any RV served. Such facilities shall be kept in a clean and sanitary condition, and plumbing fixtures shall be maintained in good working order. All such facilities shall be adequately lighted at all times of the day and night and shall be well ventilated.

I. Recreational Amenities. Recreational amenities which may consist but is not limited to: swimming pool, pickle ball courts, clubhouse, playgrounds and other recreational uses shall be provided at the rate of at least ten percent (10%) of the gross area of the RV Park, and shall be of sufficient size and distribution as to be a functional part of the entire development plan. Recreational amenities shall not include any area designated as a roadway, RV rental space, storage area, yard area surrounding the caretakers or manager’s residence, or any area required for setbacks as set forth in this section.

J. General Standards. Each RV Park shall meet the following general standards:

1. RV Park Entrances. RV parks shall provide an attractive entrance and street frontage as approved by the Development Review Committee as part of the Site Plan Permit process.

2. RV Park Signs. RV Park shall have signs advertising the recreational park may be prominently displayed at each entrance to the park and will conform to specifications for signs as determined by Chapter 1.27 Signs Permits as allowed for in the specific zoning district.

3. Adequate Lighting. Adequate lighting shall be provided for all walkways, streets, parking areas, public hygiene facilities, disposal site(s), storage areas, recreational facilities, and clubhouse. No lighting shall be constructed or positioned so as to cause direct or undesirable illumination of adjacent property or recreational vehicle spaces within the park.

4. Fire Protection. Fire hydrants shall be installed throughout all RV parks in accordance with the Uniform Fire Code.

5. Each RV Park shall be constructed with a sight obscuring screening wall or fence that is at a minimum of six (6) feet in height to effectively screen the park from adjoining land uses and to ensure privacy of patrons and adjacent residences.

6. Landscaped Areas. All setbacks from streets and other areas in a RV park not used for driveways, parking, buildings, and service areas shall be landscaped in accordance with the approved Landscape Plan and shall meet the required Landscaping, Buffering, and Fencing requirements of Chapter 1.18.

K. Occupancy of Patrons.

1. Persons occupying a RV rental space with total hook-up capacity, including sewer, water and electricity, shall not occupy any space in a RV park for a period exceeding 180 days in any 12-month period, nor shall the cumulative occupancy by such persons of different spaces within the same RV park exceed a total of 180 days in any 12-month period.

2. Persons occupying RV rental space with less than total hook-up capacity shall not occupy any recreational vehicle space in a recreational vehicle park for a period exceeding 90 days in any 12-month period, nor shall the cumulative occupancy of such persons of different spaces within the same RV park exceed a total of 90 days in any 12-month period.

3. The RV park manager shall maintain a log of the names of persons and dates of occupancy of spaces. The log shall be made available to a code enforcement officer if a question arises as to compliance with these occupancy limitations.

L. Park Control Regulated. The park manager shall be responsible for the control of nuisances within the park. The park manager shall ensure that rules of order for the park patrons are posted and enforced. Rules of the park shall as a minimum include the following:

1. No more than one recreational vehicle may occupy a recreational vehicle space.

2. Fires. No open fires are permitted. ¹

3. No storage sheds shall be allowed within an RV rental space.

4. Each RV unit shall be parked entirely on the surfaced area so that no part thereof obstructs any roadway or walkway within the RV Park.

5. All vehicles within the park shall be kept mobile so that they may be moved within one hour if required.

6. No on street parking is allowed.

¹ Note: Open Fires may be approved based upon RV Park location through the Site Plan approval process.

1.19.075 TATTOO/BODY ART BUSINESS REGULATIONS.

A. Purpose. A person shall not operate a Tattoo/Body Art Business within Tremonton City unless the person obtains a conditional use permit and business license. Tremonton City shall only issue a conditional use permit for a Tattoo/Body Art Business based upon compliance with the following provisions:

B. Population and Proximity Requirements. A Tattoo/Body Art Business conditional use or business license shall not be issued unless the Tattoo/Body Art Business meets the population and distance requirements listed below.

1. Population Requirement. Tremonton City shall permit one (1) Tattoo/Body Art Business per five-thousand population. For example, Tremonton City having a current population of approximately 8,000 people may permit one (1) Tattoo/Body Art Business, with the City permitting a second Tattoo/Body Art Business when the population reaches 10,001. Population requirements defined in the section shall be determined using the United States Census counts or estimates.

2. Distance Requirement. Tattoo/Body Art Business shall be prohibited from being located within three hundred (300) feet of any Residential Zone District’s boundaries contained in Chapter 1.07. Tattoo/Body Art Business or similar use shall not be located within six-hundred (600) feet of any other Tattoo/Body Art Business. Distance requirements defined in this section shall be measured in a straight line, without regard to intervening structures in the zoning districts, from the entry door of each business.

C. Bear River Health Department Licenses & Permits. The Tattoo/Body Art Business shall obtain and comply with all the requirements of the Bear River Health Department licenses and permits.

D. Hours of Operation. Tattoo/Body Art Businesses hours of operation shall be limited to 9 AM thru 9 PM.

E. Consumption or Possession of Alcoholic Beverages. The consumption or possession of alcoholic beverages on the premises of Tattooing/Body Art Business shall be prohibited.

F. Loitering. That “No Loitering” signs shall be posted at the front and rear of a Tattoo/Body Art Business. Business owner and employees shall monitor premises to prevent and enforce the no loitering.

G. Compliance with Laws. Tattoo/Body Art Business shall comply with all federal, state, and local laws and regulations, including all factors, standards, and reasonable conditions imposed as allowed with the Tremonton City Land Use Code.

H. Suspension or Revoking of Conditional Use Permit or Business License. Tremonton City may suspend or revoke a conditional use permit and business license for a Tattooing/Body Art Business for the following reasons:

1. if an employee or licensee engages in a pattern of unlawful activity under Title 76, Chapter 10, Part 16, Pattern of Unlawful Activity Act;
2. if an employee or licensee engages in the unlawful tattooing of a minor under Title 76, Chapter 10, Part 22, Section 2201 Unlawful body piercing and tattooing of a minor – Penalties;
3. noncompliance or violation of any requirement or condition associated with the issuance of the conditional use permit or business license;
4. upon the recommendation of the Bear River Health Department; and
5. under any other provision of state law or local ordinance.

1.19.080 TOWING AND IMPOUND YARDS.

A. The perimeter of Towing and Impound Yards shall be screened from view with at least a six (6) foot sight obscuring fence and have a gravel or other hard surface yard area.

B. Towing companies and impound yards shall meet all requirements of Utah Code Annotated Title 72, Chapter 9, Parts 6, Tow Truck Provisions.

C. No vehicle shall remain for more than ninety (90) days on a lot. If vehicles are found on the lot for more than ninety (90) days, the lot shall be considered an automobile wrecking yard and/or a junk and salvage yard, which is strictly prohibited in all zones.

1.19.090 SELF-SERVICE STORAGE FACILITIES.

A. Purpose. The purpose of the standards and regulations for Self-Service Storage Facilities and Self-Service Outside Storage Facilities contained herein is to:

1. Mitigate the substantial impacts of storage facilities.
2. Improve the aesthetics, general appearance and function of storage facilities.

B. Prohibited Activities for Self-Storage Enclosed Facility. The following activities are prohibited within any Self-Storage Enclosed Facility:

1. Commercial, wholesale or retail sales, or miscellaneous or garage sales.
2. The servicing, repair or fabrication of motor vehicles, boats, trailers, small engine equipment, or similar equipment.
3. The operation of power tools, spray painting equipment, compressors, welding equipment, kilns, or similar equipment.
4. The establishment of a transfer business.
5. Any use that is noxious or offensive because of odors, glare, dust, noise or vibrations.
6. Any use as a dwelling unit.

C. Prohibited Activities for Self-Storage Outdoor Storage Facility. The following activities are prohibited within any Self-Storage Outdoor Storage Facility:

1. Commercial, wholesale or retail sales, or miscellaneous or garage sales.
2. The servicing, repair or fabrication of motor vehicles, boats, trailers, small engine equipment, or similar equipment.
3. The establishment of a transfer business.
4. Junk yard or impound yard.
5. Any use that is noxious or offensive because of odors, glare, dust, noise or vibrations.
6. Any use of a recreational vehicle for other than storage of the vehicle.

D. General Standards and Regulations. The following standards and regulations shall apply to Self-Storage Enclosed Storage Facility and Self-Storage Outdoor Storage. Other standards and regulations of this Title shall also be applicable, in cases where conflict in regulation occurs, the more restrictive regulations shall apply.

1. Access Lanes. Interior access lanes shall be maintained and be free from storage to provide adequate access and fire protection. The width and radius of the access lane(s) will be reviewed and approved with the site plan.

2. Lighting. Operational lighting and site security shall be installed so that it does not create traffic hazards or impact adjacent land uses. A lighting plan shall be submitted as part of a site plan review.

3. Fencing. The storage facility shall be fenced by a six (6) foot decorative fence (wrought iron or decorative block) along all front of the property. The decorative fence shall be extended on the sideyards for twenty (20) feet, which thereafter can transition to a (chain link, wrought iron, vinyl or block) six (6) foot fence. See Title III Standards Drawings fencing details. The front decorative fence shall be set back from property line twenty-five (25) feet. The entry shall have an automated gate closure and shall be setback forty (40) feet from the front property line to allow for larger vehicles to pull into the storage facility without blocking traffic while automated gate closure is opening.

4. Landscaping. Front setback areas shall be landscaped in accordance with Chapter 1.18 Landscaping, Buffering, and Fencing Regulations. A landscape plan stamped by a licensed landscape architect shall be submitted as part of a site plan review.

5. Signage. Identification and business signage shall comply with Chapter 1.27 Sign Permit. No signage shall be permitted on the screen wall or fencing.

6. Surface. The surface area between the drive approach and the storage facility shall be paved with an asphalt or concrete surface. The storage area in front of the doors shall be a dust free surface.

7. Storage to Remain Screened. Storage of non-motorized storage in a Self-Storage Outdoor Storage facility shall not exceed the height of the wall or fence.

1.19.095 COMMERCIAL OUTDOOR STORAGE.

A. Purpose. The purpose of the standards and regulations for Commercial Outdoor Storage contained herein is to:

1. Mitigate the substantial impacts of commercial outdoor storage.
2. Improve the aesthetics, general appearance and function of commercial outdoor storage.
3. Provide screening of all storage areas.

B. General Standards and Regulations. The following standards and regulations shall apply to Commercial Outdoor Storage. Other standards and regulations of this Title shall also be applicable, in cases where conflict in regulation occurs, the more restrictive regulations shall apply.

1. Location. The outdoor storage area shall be located to minimize views from adjacent public right-of-ways, residential zones and adjacent developments. Unless otherwise approved with a site plan Commercial Outdoor Storage should be located behind buildings, away from streets, and obscured from public view.

2. Screening. The outdoor storage area shall be surrounded by a six (6) foot solid sight obscuring fence. Material stored shall not exceed above the height of the screening.

3. Fire Codes. The outdoor storage material shall be stored in an orderly manner such that the fire codes are met and access to all areas is maintained.

ORD 05/97
REV 02/03
REV 04/08
REV 06/13
REV 05/14
REV 08/14
REV 17.09
ORD 18-14
ORD 18-15
ORD 19-02
ORD 19-04
ORD 19-11

ZONING ORDINANCES

Zoning Ordinance Information