Document Summitcountyutah_doc_2a43801843

EASTERN SUMMIT COUNTY DEVELOPMENT CODE TABLE OF CONTENTS Chapter 1 Rural Agriculture Protection Program 11-1-1: Statement of Purpose 11-1-2: Rural Agriculture Protection 11-1-3: Agriculture Protection Area 11-1-4: Agriculture Preservation Incentive 11-1-5: Community Preservation Incentive 11-1-6: Preserving and Promoting Business Enterprises 11-1-7: Expectations for Public Infrastructure and Services Chapter 2 Development Evaluation Standards 11-2-1: Purpose 11-2-2: Agriculture 11-2-3: Water and Sewage 11-2-4: Natural Resources 11-2-5: County Infrastructure, Facilities and Services 11-2-6: Infrastructure Design and Maintenance Chapter 3 Zoning Districts and Requirements 11-3-1: Establishment of Zone Districts 11-3-2: Agriculture Protection (AP) 11-3-3: Agriculture-Grazing 100 (AG-100) 11-3-4: Agriculture-Grazing 160 (AG-160) 11-3-5: Highway Corridor (HC) 11-3-6: Cabin Area (CA) 11-3-7 Commercial 11-3-8 Light Industrial 11-3-9: Industrial 11-3-10: Specially Planned Area (SPA) 11-3-11: Annexation Declaration Area Overlay (ADA) 11-3-12: Zone District Map 11-3-13: Allowed, Conditional, Low Impact and Temporary Uses 11-3-13: Chart of Allowed and Permitted Uses ---PAGE BREAK--- Table of Contents Chapter 4 Development Review Processes and Procedures 11-4-1: Purpose 11-4-2: Lot of Record 11-4-3: Legally Created Lot 11-4-4: Divisions of Agricultural Lands 11-4-5: Non-Agricultural Development of Lands Divided For Agricultural Purposes 11-4-6: Permits Required 11-4-7: General Provisions 11-4-8: Minor Subdivision of Property Review 11-4-9: Cluster Bonus/Agricultural Preservation Subdivision Review 11-4-10: Major Development Review Process 11-4-11: Final Site Plan Review 11-4-12: Conditional Use Review 11-4-13: Temporary Use Review 11-4-14: Zoning Variances 11-4-15: Special Exceptions 11-4-16: Low Impact Permit Review 11-4-17: Lot Line Adjustments 11-4-18: Amendments to Recorded Subdivision Plats 11-4-19: Condominium Plats Chapter 5 Amendments to Code and Zone District Map 11-5-1: Authority 11-5-2: Initiation of Amendments 11-5-3: Amendment Procedures Chapter 6 General Regulations 11-6-1: Public Hearing Requirements 11-6-2: Nonconforming Uses, Structures and Lots 11-6-3: Home Occupations 11-6-4: Signs 11-6-5: Accessory Dwelling Units 11-6-6: Equipment Enclosures, Utility Structures and Related Facilities 11-6-7: Wireless Communications 11-6-8: Infrastructure Standards ---PAGE BREAK--- 11-6-9: Development Agreements Table of Contents 11-6-10: Re-application Following Denial 11-6-11: Revocation of Approvals and/or Permits 11-6-12: Failure to Comply with Conditions 11-6-13: Effective Period of Approvals 11-6-14: Completion of Improvements 11-6-15: Construction Plans 11-6-16: Issuance of Building Permits 11-6-17: Project Closure Due to Inaction 11-6-18: Residential Care Facilities for Elderly or Disabled Chapter 7 General Provisions 11-7-1: Short Title 11-7-2: Statement of Purpose 11-7-3: Applicability 11-7-4: Development Review Fees 11-7-5: Planning Commission 11-7-6: Joint Planning 11-7-7: Board of Adjustment 11-7-8: Conflict 11-7-9: Effect on Previous Ordinances 11-7-10: Penalty 11-7-11: Interpretation 11-7-12: Severability 11-7-13: Vested Rights Determination 11-7-14: Enforcement 11-7-15: Violations and Penalties 11-7-16: Remedies 11-7-17: Appeal Procedures Appendix A Definitions Appendix B Adult/Sex-Oriented Facilities and Businesses ---PAGE BREAK--- ---PAGE BREAK--- Ordinance Reference List Title 11 EASTERN SUMMIT COUNTY DEVELOPMENT CODE AMENDMENTS Ordinance No. 278 Eastern Summit County Development Code Adopted by the Summit County and Zoning Map Board of Commissioners: May 6, 1996 Effective: 06/06/96 Amendments: Ordinance No. 305 SPA Zone Districts and Development Adopted: 02/24/97 Agreements Effective: 02/24/97 Ordinance No. 307 Water Requirements for Minor Subdivision Adopted: 03/24/97 Approval Ordinance No. 311 Parcels Divided Cumulatively up to Allowable Adopted: 04/28/97 Density Ordinance No. 324 Sexually Oriented Businesses Adopted: 03/09/98 Effective: 03/09/98 Ordinance No. 365 Section 3.120 Revisions to Chart of Allowed and Adopted: 09/13/99 Conditional Uses Effective: 09/13/99 Section 6.55 Storage Sheds/Commercial Storage/Warehousing Section 6.56 Utility Structures and Related Facilities Section 7.70C Duties and Powers of Board of Adjustment Appendix A: Definitions Ordinance No. 417 Section 6.56 Equipment Enclosures, Utility Structures Adopted: 07/05/01 and Related Facilities Effective: 07/14/01 Section 657 Wireless Communications Appendix A: Definitions ---PAGE BREAK--- Ordinance Reference List Ordinance No. 470 Section 3.20 Agriculture Protection (AP) Adopted: 11/19/03 Section 3.30 Agricultural-Grazing 100 (AG-100) Effective: 05/07/04 Section 3.40 Agricultural-Grazing 16 (AG-160) Section 3.50 Highway Corridor (HC) Section 3.120 Chart of Allowed Uses Section 4.70 Temporary Use Review Section 5.20 Initiation of Amendments Section 6.20 Non-Conforming Uses, Structures, Lots Section 6.50 Accessory Dwelling Units Section 7.70 Board of Adjustment Section 7.110 Interpretation Section 7.150 Appeal Procedures Appendix A: Definitions: Open Recreation Use, Temporary Use Ordinance No. 481 Chapter 4.20 Minor Subdivision Process Adopted: 03/01/04 Chapter 4.30 Cluster Bonus/Ag. Preservation Subdivision Effective: 03/01/04 Chapter 3.50 Highway Corridor Zone Changes Ordinance No. 553 Chapter 3: 11-3-6: Commercial Zone Adopted: 06/08/05 Chapter 3: 11-3-7: Industrial Zone Effective: 06/17/05 Chapter 3: 11-3-8: Railroad Industrial Zone Chapter 3: 11-3-10: Chart of Allowed and Conditional Uses Chapter 6: 11-6-2: Non-Conforming Uses, Structures, Lots Appendix A: Definitions: Commercial, Industrial Use Eastern Summit County Zone Map Ordinance No. 569 Chapter 2: 11-2-2: Agriculture Livestock Fencing Provisions Adopted: 08/17/05 Chapter 4: 11-4-8: Low Impact Permit Approval Process Effective: 08/26/05 Ordinance No. 641 Chapter 2: 11-2-3E: Adequate Water Standards Adopted: 08/16/06 Chapter 6: 11-6-9A: Fire Protection Standards Effective: 09/11/06 Ordinance No. 649 Chapter 3: 11-3-13: Institutional, Houses of Worship and Adopted: 09/20/06 Utility Tower Uses Effective: 10/06/06 Chapter 6: 11-6-1B: Public Hearing Requirements ---PAGE BREAK--- Ordinance Reference List Appendix A: Definitions: Height, Houses of Worship, Institutional Uses, Utility Tower Ordinance No. 666 Chapter 3: Zoning Districts – Height, Setbacks, Adopted: 01/10/07 Wetlands Effective: 01/19/07 Chapter 4: 11-4-9: Subdivision Plat Amendments Chapter 6: 11-6-9: Wildland Fire Urban Interface Code Reference, Irrigation Ditch Easements Chapter 6: 11-6-16: Project Termination Due to Inaction Chapter 6: 11-6-17: Residential Care Facilities Appendix A: Definitions: Residential Care Facilities Ordinance No. 677 Chapter 3: 11-3-13: Chart of Allowed and Conditional Uses Adopted: 08/29/07 Chapter 6: 11-6-2: Non-conforming Uses, Structures and Effective: 09/05/07 Lots Chapter 6: 11-6-6: Reference Correction – Storage Sheds, Commercial Storage and Warehousing Chapter 6: 11-6-9: Language Correction – Addition of “2006 Utah” to Wildland Urban Interface Code Chapter 7: 11-7-5: Planning Commission Duties and Powers Appendix A: Definitions: Ordinary High Water Mark, Wetland, Kennels, Indoor Riding Arenas; Clarification of Existing Definitions: Major Subdivision, Minor Subdivision and Open Space/Lands Ordinance No. 704 Chapter 3: 11-3-6: Deleted LIP Section in reference to Adopted: 07/30/08 Commercial Uses as it exists in Effective: 08/24/08 Chapter 4; Added “Additional Reference” Column to Chart of Allowed and Conditional Uses; Added “Rock Quarries, Gravel Pits, and Associated Surface Mining Uses” to Use Chart; Chapter 4: 11-4-6: Added Three New Sections to Conditional Use Permit Procedure - “Mandatory Review Process,” Establishment of a Conditional Use Permit,” and “Amendments to Conditional Use Permits;” Added New Sections – Final Site Plan, Lot Line ---PAGE BREAK--- Ordinance Reference List Adjustments and Condominium Plats; Amended BOA Criteria for Variance Approval - Consistent with Utah State Code. Chapter 6: 11-6-7: Clarification for Wireless Communication Facilities Requirements and Process Chapter 6: 11-6-15: Policy Amendment for Denial of Files Chapter 7: 11-7-15: Amended Appeals Chart for Plat Amendments Appendix A: Added Definition for “Condominium” Ordinance No. 708 Entire Code Form of Government Change from Adopted: 12/10/08 Board of County Commissioners to Effective: 01/01/09 County Manager and County Council Ordinance No. 723 Chapter 4: 11-4-9: Added a Special Exception process to Adopted: 07/22/09 the Code. Effective: 08/13/09 Chapter 6: 11-6-2: Deleted language allowing expansions of non-conforming uses and structures. Ordinance No. 726 Chapter 4: 11-4-2: Minor Subdivision Exemption for 100 Adopted: 09/30/09 Acre Agricultural Parcels Effective: 09/30/09 Ordinance No. 724 Appendix A: R.V. (Recreational Vehicle) and Adopted: 10/21/09 Manufactured Home Definitions Effective: 11/21/09 Ordinance No. 730 Chapter 4: 11-4-4: Removed reference to school capacity. Adopted: 12/02/09 Chapter 4: 11-4-9: Special Exceptions: removed the Effective: 12/27/09 Appeal Language. Chapter 6: 11-6-4: Added regulations for campaign signs. Chapter 7: 11-7-15: Reformatted the Appeals Chart. Appendix A: Amended the definition of “setback.” Ordinance No. 737 Chapter 6: 11-6-11: Added Revocation of Approvals and/or Adopted: 04/14/10 Permits section. Effective: 05/08/10 Chapter 6: 11-6-14D: Added Development Permit Extension process. Chapter 6: 11-6-15: Added Construction Plans section. ---PAGE BREAK--- Ordinance Reference List Chapter 7: 11-7-14: Added Enforcement section. Chapter 7: 11-7-15: Added Violations and Penalties section. Ordinance No. 744 Chapter 4: 11-4-2: Added “Permits Required.” Adopted: 07/14/10 Chapter 4: 11-4-3: Added “General Provisions.” Effective: 08/08/10 11-4-14: Amended the process for amending a private road vs. a public road. Added additional public hearing requirements. Chapter 7: 11-7-7: Clarified the roles and responsibilities of the BOA. Ordinance No. 746 Chapter 3: 11-3-13: Deleted “private kennels” from the Use Adopted: 10/06/10 Chart. Effective: 10/24/10 Appendix A: Deleted “private” from the definition of kennel. Ordinance No. 751 Chapter 6: 11-6-8: Amended “Infrastructure Standards.” Adopted: 01/12/11 Effective: 02/03/11 Ordinance No. 755 Chapter 3: 11-3-13: Removed “private” kennels. Adopted: 06/15/11 Effective: 07/07/11 Ordinance No. 759 Chapter 6: 11-6-2: Modified language to allow some Adopted: 06/29/11 expansion of Non-Conforming Uses, Effective: 07/21/11 Structures and Lots. Ordinance No. 766 Chapter 6: 11-6-16: Added Site Plan Requirements. Adopted: 09/14/11 Effective: 10/02/11 Ordinance No. 768 Chapter 4: 11-4-2: Added “Lot of Record.” Adopted: 03/14/12 11-4-3: Added “Legally Created Lot.” Effective: 04/08/12 11-4-4: Added Divisions of Agricultural Lands.” 11-4-5: Added Non-Agricultural Development of Lands Divided for Agricultural Purposes. Appendix A: Definitions: Lot; Lot, Legally Created; Lot, Lot of Record. ---PAGE BREAK--- Ordinance Reference List Ordinance # 774, 775, 776 Adopted 07/18/12 Effective 08/15/12 Chapter 3: 11-3: Added “Cabin Zone” and “Light Industrial”; Amended Use Chart, and Appendixes A and B; and Deleted the Railroad Industrial” Zone Ordinance #784 Adopted 10/24/12 Effective 11/04/12 Zone Map: Rezone Parcels NS-530-2, NS-528- B, NS-567-B , NS-527-A, NS-528-C, 527-B, NS-557, NS-541-2, and NS- 54l-C-1 to “Light Industrial” Zone. Ordinance #785 Adopted 10/24/12 Effective 10/04/12 Zone Map: Rezone The Utelite Echo Location at (approx.) 3550 South Echo Road to the “Light Industrial” Zone ---PAGE BREAK--- 11-1-1 TITLE 11 EASTERN SUMMIT COUNTY DEVELOPMENT CODE CHAPTER 1 RURAL AGRICULTURE PROTECTION PROGRAM SECTION: 11-1-1: Statement of Purpose 11-1-2: Rural Agriculture Protection 11-1-3: Agriculture Protection Area 11-1-4: Agriculture Preservation Incentive 11-1-5: Community Preservation Incentive 11-1-6: Preserving and Promoting Business Enterprises 11-1-7: Expectations for Public Infrastructure and Services 11-1-1: STATEMENT OF PURPOSE: The Eastern Summit County General Plan (hereafter referred to as "the General Plan"), was developed to ensure that the rural, agricultural and small town character of the eastern portion of the county shall remain, even in the presence of growth and change. The intention of the county is to assure the managed, proper and sensitive development of land to protect and enhance these desired qualities and the lifestyle that exists. In adopting the Eastern Summit County Development Code (hereafter referred to as "the Code" or "this Title"), the county will fully exercise all of the powers granted to it by Utah Code Annotated title 17, to require, to the extent possible and practical, that all development and change within Eastern Summit County will occur in a manner that is consistent with the goals and expectations of the residents. In order to accomplish the stated purpose, this Title will: A. Protect the right to farm in Eastern Summit County and promote and encourage the preservation of agricultural lands, operations and open space; B. Establish incentives for preserving active agriculture lands and operations; C. Allow simple procedures for landowners to undertake minor subdivisions of property to increase opportunities for residents and local workers to ---PAGE BREAK--- 11-1-1 11-1-2 live in Eastern Summit County; D. Protect existing businesses that are important to the Eastern Summit County economy from the encroachment of new residential development; E. Allow appropriate flexibility with regard to the location of land uses and other zoning matters, so long as the resulting use of the land is compatible with its surroundings and furthers the goals and objectives of the General Plan; F. Ensure that new development is undertaken in a manner that is sensitive to the rural, agricultural and small town character, and make every effort to ensure that new development will not bring about change that is inconsistent with the underlying community values and resources; G. Prevent or minimize development when it will significantly increase potential dangers to life and safety of existing and future residents and emergency service personnel; H. Require a common sense approach to development and ensure that people choosing to locate in remote areas of the county recognize and accept the possible consequences of their actions; I. Preserve the natural resources of Eastern Summit County; J. Ensure that development is compatible with wildlife habitats and environmentally sensitive areas; K. Ensure that the county and incorporated municipalities cooperate in guiding development near the boundaries of each municipality; and L. Protect private property rights. (Ord. 278, 5-6-1996) 11-1-2: RURAL AGRICULTURE PROTECTION: Maintaining viable agricultural lands and operations and rural business enterprises is crucial to the public health, safety and welfare of Eastern Summit County. New development must assume the responsibility for creating a compatible relationship with the normal operations of these activities. To this end, no subdivision plat shall be approved by the county without a plat note containing the language stated below. No building permit shall be issued for any previously platted lot without an acknowledgment in writing from the owner (titled "Memorandum of Understanding") containing the language stated below. The executed memorandum of understanding and plat shall be filed in the records of the County Recorder to notify any future owner of the lot about the presence of agricultural and rural business operations in Eastern Summit County. It shall state: ---PAGE BREAK--- 11-1-3 The owners of property within Eastern Summit County recognize the importance of agricultural lands and operations and small rural business enterprises. It is recognized that agricultural lands and operations and rural business enterprises have unique operating characteristics that must be respected. (Owners of each lot platted in this subdivision/the owner of the residence constructed upon this lot) have/has been given notice and recognizes that there are active agriculture lands and operations and rural business enterprises within Eastern Summit County and acknowledges and accepts that, so long as such lands and operations exist, there may be dust, noise, odor, prolonged work hours, use of roadways for the purposes of herding/moving animals, and other attributes associated with normal agricultural operations and rural businesses. (Ord. 278, 5-6-1996) 11-1-3: AGRICULTURE PROTECTION AREA: The General Plan seeks to ensure that agricultural land uses and operations in Eastern Summit County are protected, to the extent possible, from the adverse effects of development. It is the intent of the agricultural protection program to: a) provide incentives to farmers and ranchers that encourage them to stay on the land; b) augment and carry out the state's Agricultural Protection Area provision, established in Utah Code Annotated, Section 17-41-101, to maintain agricultural activities that are valuable to the state and the county; c) protect farmers and ranchers from nuisance complaints, undesirable rezoning, and unreasonably restrictive state and local actions; and, d) educate and raise the awareness of developers and new residents that Eastern Summit County values, which form the foundation of the General Plan, will be protected from any adverse affects of development and help ensure the right to farm in Eastern Summit County. A. Agriculture Protection Advisory Board: The County Manager, with the advice and consent of the County Council, shall appoint members to an Agriculture Protections Area Advisory Board (Advisory Board) in accordance with state law. The Advisory Board shall: 1. Evaluate each proposal for the creation of an Agriculture Protection Area and make a recommendation to the County Council regarding the acceptability of the proposal; 2. Provide advice to the Planning Commission, County Manager and County Council about: a. The desirability of each proposed Agriculture Protection Area designation; b. The nature of agricultural production within each proposed Agriculture Protection Area; c. The relation of agricultural production within the proposed ---PAGE BREAK--- 11-1-3 Agriculture Protection Area to the county as a whole; d. The type of agricultural production that should be allowed within the Agriculture Protection Area; and e. Measures that can be carried out by the county to encourage and promote agricultural production within each Agriculture Protection Area and the county as a whole. B. Qualifications: There must be at least five acres of active agriculture production within any area to be designated an Agriculture Protection Area in order to qualify under this chapter. C. Application Requirements: The state has established a mechanism for the owner of land in agricultural production to file a proposal for the creation of an Agricultural Protection Area within the county. An application for Agriculture Protection Area designation shall include the following: 1. Identification of the land in agricultural production that the owner wishes to become part of an Agriculture Protection Area. 2. The tax parcel number of each parcel to be included in the Agriculture Protection Area. 3. The number of acres for each parcel, as listed on the parcel tax records. 4. The name of the owners of each parcel to be included in the Agriculture Protection Area. 5. A description of any limitations that shall be placed on the types of agricultural production that shall occur within the Agriculture Protection Area. D. Review Procedures: 1. The applicant for an Agriculture Protection Area designation shall submit the required information to the Community Development Director (hereafter referred to as “CDD”). 2. Upon receipt of the application, a notice shall be published in a newspaper of general circulation and the applicant shall post the notice in at least five public places within, adjacent to, or near the proposed Agriculture Protection Area. The notice shall contain: a. A statement that a proposal for the creation of an Agriculture Protection Area has been filed with the county. b. A statement that the proposal will be available for public inspection ---PAGE BREAK--- 11-1-3 in the Community Development Department. c. A statement that any person affected by the establishment of the area may file a written request for modification of the proposal or written objections to the proposal with the county within fifteen (15) days of the date of the notice. d. A statement that the county will submit the proposal to the Advisory Board and the Planning Commission for review and recommendations. e. A statement that the county will hold a public hearing to discuss and hear public comment on: The proposal to create the Agriculture Protection Area; The recommendations of the Advisory Board and Planning Commission; and Any requests for modifications of the proposal and objections to the proposal. f. Written objections to the proposal shall be submitted to the county within fifteen (15) days after the date of the notice. 3. After fifteen (15) days from the date of the public notice, the application, along with any objections or proposed modifications, shall be referred to the Advisory Board and the Planning Commission for review, comments and recommendations. 4. Within forty-five (45) days after receipt of the application, the Advisory Board shall submit a recommendation to the County Council that: a. Recommends any modifications to the proposal. b. Recommends any limitations on the types of agricultural production to be allowed in the Agriculture Protection Area. c. Identifies whether the land is currently being used for agriculture production; the viability of the land for agricultural production; the extent and nature of existing and proposed farm improvements; and anticipated trends in agricultural and technological conditions. d. Evaluates any objections to the proposal. e. Recommends acceptance, modification or rejection of the proposal. ---PAGE BREAK--- 11-1-3 5. Within forty-five (45) days after receipt of the application, the Planning Commission shall submit a recommendation to the County Council that: a. Identifies the effect of the proposal on the county planning policies and objectives. b. Identifies whether the land is zoned for “agricultural use.” c. Analyzes and evaluates any objections to the proposal. d. Recommends acceptance, modification or rejection of the proposal; and e. Recommends any limits on the types of agricultural protection to be allowed in the Agriculture Protection Area. 6. Failure of the Planning Commission or Advisory Board to submit a recommendation within forty five (45) days shall constitute a recommendation for approval of the proposal. 7. Upon receipt of the Planning Commission and Advisory Board recommendations, or after forty-five (45) days has expired, whichever comes first, the County Council shall schedule a public hearing. Notice of the hearing shall be published in a newspaper of general circulation and the applicant shall post the notice in at least five public places within, adjacent to, or near the proposed Agriculture Protection Area. The notice shall state: a. The time, date and place of the public hearing. b. A description of the proposed Agriculture Protection Area. c. Any proposed modifications to the Agriculture Protection Area. d. The recommendations of the Planning Commission and Advisory Board. e. A statement that interested persons may appear at the public hearing and speak in favor or against the proposal, any proposed modifications to the proposal or the recommendations of the Advisory Board or Planning Commission. 8. The County Council, after holding the public hearing, shall make a decision regarding the application within one hundred twenty (120) days of the date of application. Failure of the County Council to act within one hundred twenty (120) days of the date of application shall constitute approval of the application. ---PAGE BREAK--- 11-1-4 E. Notice of Agriculture Protection Areas: 1. Upon approval of an application for an Agriculture Protection Area, the CDD or designated planning staff member shall file an executed document containing a legal description of the Agriculture Protection Area in the records of the County Recorder and with the Planning Commission. 2. Within ten (10) days of recording the executed document, the CDD or designated planning staff member shall file a written notification to the Commissioner of Agriculture that the Agriculture Protection Area has been created. The notification shall include: a. The number of landowners within the Agriculture Protection Area; and b. The total acreage of the area, the date of approval, and the date of recording the executed document. F. Adding Land to or Removing Land from Agriculture Protection Area: 1. Any owner of land may add land to an existing Agriculture Protection Area by filing an application with the county and obtaining the approval of the County Council in accordance with the provisions of this section for creating an Agriculture Protection Area. 2. Any owner of land may remove all or part of the property from the Agriculture Protection Area by filing a petition for removal with the county. The County Council shall grant approval of the removal, even if the remaining Agriculture Protection Area will be less than five acres under active agriculture production. Upon removal, a revised legal description of the remaining Agriculture Protection Area shall be filed with the County Recorder and the Planning Commission. (Ord. 278, 5-6- 1996) 11-1-4: CLUSTER BONUS/AGRICULTURE PRESERVATION INCENTIVE SUBDIVISION: The Cluster Bonus/Agriculture Preservation Incentive Subdivision is hereby created to promote the retention of agricultural land and operations in Eastern Summit County. It is specifically intended to assist those actively engaged in farming and ranching and to increase opportunities for residents and local workers to live in Eastern Summit County. A density bonus shall be awarded to property owners within the Agriculture Protection (AP) zone district only if it results in the preservation of actively used agricultural lands. The Cluster Bonus/Agricultural Preservation Subdivision shall be applicable for legally ---PAGE BREAK--- 11-1-5 11-1-6 created lots/parcels in the AP zone district, which constitute the heaviest concentration of agricultural enterprises and is located within the primary county infrastructure and service area. Chapter 4 of this Title defines the procedures related to the Cluster Bonus/Agriculture Preservation Subdivision. (Ord. 278, 5-6-1996) 11-1-5: COMMUNITY PRESERVATION INCENTIVE: The minor subdivision of property and Cluster Bonus Minor Subdivision provisions are hereby created with the intent of increasing opportunities for residents and local workers to afford a place to live in Eastern Summit County. The minor subdivision of property and the Cluster Bonus Minor Subdivision provisions shall be applicable only in the AP and HC zone districts, which constitute the areas where the county's primary infrastructure and services are located. These provisions shall apply to any legally created lot/parcel. Chapter 4 of this Title defines the procedures related to the minor subdivision of property and Cluster Bonus Minor Subdivision provisions. (Ord. 278, 5- 6-1996) 11-1-6: PRESERVING AND PROMOTING BUSINESS ENTERPRISES: A. Existing Enterprises: There are many viable rural business enterprises in Eastern Summit County that are being encroached upon by new residential development. These business operations remain viable; some need to expand. These operations require protection from the effects of new residential development, in much the same way as agricultural lands and operations. Business enterprises that existed on the effective date hereof, so long as they were lawfully established under previous zoning regulations, shall hereunder be considered a “permitted use” within the zone district that they are located. B. Expansion of Existing Enterprises: The expansion of lawfully established business enterprises shall require a “Conditional Use” approval, as described in Section 11-4-5 of this Title. The intent of the Conditional Use approval shall be to ensure compatibility with surrounding uses to the extent practical and reasonable. They shall be allowed to undertake appropriate expansion when they reasonably mitigate potential impacts on nearby residential land uses. Provisions for mitigation are described in Chapter 2 of this Title. C. Promoting New Enterprises: New business enterprises, and jobs within the tax base that will result, are crucial to the future of Eastern Summit County. It is difficult to identify locations for such activities without a specific proposal to consider. Therefore, a procedure has been incorporated in this title that allows the county the flexibility to consider these uses in the future. The specially planned area offers business operators, who desire to locate in Eastern Summit County, the opportunity to work with the Planning Commission and County ---PAGE BREAK--- 11-1-7 Council to foster any business that promotes the goals and objectives of the General Plan and is compatible with its surroundings. (Ord. 278, 5-6-1996) 11-1-7: EXPECTATIONS FOR PUBLIC INFRASTRUCTURE AND SERVICES: A. Memorandum of Understanding Required: Although the county endeavors to provide reasonable and appropriate infrastructure and services which adequately serve allowed land uses in Eastern Summit County, certain new buildings/structures and developments, because of location, will not be easily served by the county or special districts. If a person chooses to construct a new residential or commercial structure, or obtain development approval in areas removed from the county’s primary infrastructure and service area, the developer/owner shall acknowledge in writing (titled “Memorandum of Understanding”) at the time of development approval, or in the instance of a previously platted lot at the time of building permit issuance for a new structure, the following: The property owner acknowledges that he/she is building in a location that is far removed from the primary Summit County service areas. As such, the property owner is on notice that there is limited access, infrastructure and public services in the area. Some services, which include, but are not limited to, garbage pick up and school bus service, will not be provided. Emergency response time will be longer than it is in more accessible areas, and access by emergency vehicles may be impossible at times due to snow and road conditions. The owner understands and acknowledges that there may be infrastructure in these remote locations that does not meet adopted county infrastructure standards. It is the intent of Summit County to attempt to continue to provide the existing variety, scale and frequency of public services and infrastructure for all existing and new development in these remote areas of Eastern Summit County. It is not the intent of Summit County to increase the variety, scale and frequency of public services and infrastructure or to provide urban levels of service and infrastructure in these areas. By this notice, the property owner assumes the risks of occupancy as outlined above, and is hereby put on notice that there are no anticipated changes in the levels of services or infrastructure by either Summit County or the appropriate special service district, nor does the property owner expect changes beyond those identified herein. B. Recording: This acknowledgment shall be deemed to run with the land and, as such, shall be recorded at the developer/owner’s expense in the records of the County Recorder to provide notice to future property owners regarding service level expectations. (Ord. 278, 5-6-1996) ---PAGE BREAK--- ---PAGE BREAK--- 11-2-1 11-2-2 CHAPTER 2 DEVELOPMENT EVALUATION STANDARDS SECTION: 11-2-1: Purpose 11-2-2: Agriculture 11-2-3: Water and Sewage 11-2-4: Natural Resources 11-2-5: County Infrastructure, Facilities and Services 11-2-6: Infrastructure Design and Maintenance 11-2-1: PURPOSE: A. Purpose: The purpose of this chapter is to establish a set of development guidelines applicable to any development within Eastern Summit County. These guidelines are necessary and desirable in order to: a) protect the county's rural, agricultural, small town character and lifestyle; b) protect the natural resources and ecologically and environmentally sensitive areas of Eastern Summit County; and, c) facilitate the efficient use of the land in relation to the county's ability to ensure the availability of adequate services and infrastructure. B. Standards; Compliance: The following standards shall be applied to the review of any development application submitted in accordance with the provisions of this title. Nothing in this chapter shall be construed to prevent the county from allowing an applicant to propose and agree to implement acceptable and suitable solutions to such impacts which otherwise result in a finding of noncompliance with these standards. (Ord. 278, 5-6-1996) 11-2-2: AGRICULTURE: A. Plat Notes and Memorandums: Non-agricultural development shall not be approved without appropriate plat notes and memorandums of understanding, as described in the Code, that educate new residents of the presence of agriculture operations in Eastern Summit County and protect the rights of farmers and ranchers to actively conduct normal operations associated with the farm or ranch. B. Minimization of Complaints: Non-agricultural development shall not be approved in an agricultural area without appropriate efforts from the developer to minimize potential complaints from future residents of the development regarding noise, ---PAGE BREAK--- 11-2-2 odor, length of work hours, and the normal characteristics of the agricultural operation. C. Livestock Fencing: New, non-agricultural development immediately adjacent to an existing agricultural operation (defined by this Code as agriculture) shall not be approved unless the developer and/or subsequent owners of property within the development assume the responsibility for fencing or paying one-half of the cost thereof for fencing out livestock in accordance with the Utah Code. All major developments, including residential subdivisions, commercial and industrial operations and other projects that border agriculture lands shall be subject to the following fencing considerations: 1. At the discretion of the adjoining agricultural land owner, the developer may be required to pay for one-half of the cost, including labor and materials for a fence if: a. the fence is or becomes a partition fence separating the project site from the adjoining agricultural land owners property; b. the cost of the fence is reasonable for the type of fence commonly found in that particular area. 2. Notwithstanding the above fencing requirement, the developer may, at his or her own discretion, cost and expense, construct a perimeter fence to enclose the development. 3. In project areas including wildlife migration corridors or critical wildlife habitat, as determined by the State Division of Wildlife Resources (DWR), wildlife friendly fencing may be considered with the following recommended design standards: a. Total fence height should not exceed forty two (42) inches. b. The space between the two top wires (of a wire fence) should be at least twelve (12) inches apart with the top wire preferable being a smooth wire without barbs. c. The bottom wire should be at least thirteen (13) inches from the ground and smooth. D. Preservation of Agricultural Land: New non-agricultural development within Eastern Summit County shall preserve productive agricultural land to the extent possible and practical. ---PAGE BREAK--- 11-2-3 E. Irrigation Patterns and Systems: Non-agricultural development shall preserve the integrity of existing irrigation patterns and systems. Surface irrigation ditches shall be mapped and easements of record created. (Ord. 278, 5-6-1996) 11-2-3: WATER AND SEWAGE: A. Memorandum of Decision Required: New residential, commercial and industrial development shall not be approved in accordance with the provisions of Chapter 4 of this Title, nor shall a building permit be issued on a previously platted lot, without evidence of a memorandum of decision from the state engineer demonstrating that water of adequate quantity is available on the site and that water on the site can be used by the applicant to serve the proposed uses/lots, or a commitment from a municipality or private service company to provide water of adequate quantity and quality to serve the proposed use/lot. However, lots within all minor subdivisions shall not be required to have a memorandum of decision from the state engineer nor commitment from a municipality or private service company for each lot. The applicant shall submit documentation indicating what type of water system shall be utilized within the minor subdivision, i.e., private wells, municipality or private service company. A note shall be included on the subdivision plat that indicates: It shall be the responsibility of each lot owner to demonstrate that water of adequate quantity is available for each lot prior to the issuance of a building permit. This shall be accomplished with a memorandum of decision from the state engineer for a private well or a written commitment from a municipality or private service company. (Ord. 278, 5-6-1996; amd. Ord. 307, 3-24-1997) B. Capacity and Capability: No new development or building permit for a previously platted lot, for which water and/or sewer service will be provided by a private service provider, will be approved until the service provider has submitted documentation demonstrating that it has the capacity and capability to serve the development/lot and that it is committed to providing the service. C. Sewage Collection: New residential, commercial and industrial development shall not be approved in the vicinity of existing well and spring protection zones, which are used for domestic consumption purposes, without a contained sewage collection and disposal system. The impact on protection zones shall be determined based on distance, soil conditions, slope and drainage patterns, or in compliance with state law. Individual septic disposal systems will not be allowed when these zones can be impacted. D. Sewage Treatment: No development shall be approved without suitable sewage treatment capacity point of discharge, and dependability for the specific use proposed. E. Adequate Water (Amended/Adopted 08/16/06): No subdivision, low impact use, ---PAGE BREAK--- 11-2-3 conditional use or commercial or industrial development shall be approved without adequate water quantity, quality, pressure and dependability to support the use intended and to provide for protection from fire. 1. Applicability: With the exception of minor subdivisions and low impact uses, the standards for adequate water to serve a project shall be satisfied prior to the approval of a final subdivision plat or final site plan for the proposed development. Water standards for Cluster Bonus/Agricultural Preservation Minor Subdivisions of three or more lots shall be satisfied prior to the recordation of the final plat. Water standards for minor subdivisions of one to two lots and low impact uses shall be satisfied prior to the issuance of a building permit. 2. Water Systems: If a water system serving a development has fewer than 15 connections, then the Summit County Public Health Department Regulations for the Installation and Approval of Non-public Water Systems shall apply. For systems serving 15 or more connections, the applicant must furnish a letter from the Utah State Department of Environmental Quality, Division of Drinking Water, that the water system meets all current Utah State Standards and that no unresolved notices of violation or non- compliance are outstanding. 3. Standards: All development, utilizing either public or private water systems, including commercial and industrial uses, shall be subject to the following water requirements: a. Quantity: Water quantity includes paper water rights (i.e. the legal right to divert the water) and wet water (i.e. the actual ability to provide flowing water for culinary, irrigation and fire protection purposes). If individual wells are proposed as sources of supply for each subdivision lot, or if non-public water supply wells are proposed to serve several lots, a statement from the State Engineer’s Office must be submitted indicating the feasibility of obtaining groundwater suitable in quantity to serve the proposed residences throughout the subdivision. Water Rights: A memorandum of decision from the Utah State Engineer showing sufficient water rights for the proposed development shall be required. The “sufficiency” of the water rights shall be determined based on state water use guidelines that generally require .45 acre feet of water for indoor use per dwelling unit and 3 acre feet of water per 1 acre of irrigated land for outdoor use, or such other figures as determined by the Utah State Engineer. ---PAGE BREAK--- 11-2-3 Wet Water: It is recognized that the transfer of paper water rights by the State Engineer does not necessarily correlate with the actual availability of wet water. Therefore, the sufficiency of wet water shall be determined based on the actual amount required (according to the water rights determinations above) compared to the actual sources available. In order to insure that sufficient wet water is available, a flow test for any proposed well or representative test well shall be required. For individual wells, a flow test of four hours minimum is required. For community wells, a flow test of 24 hours minimum shall be required. For community wells in bedrock or fault/fracture soil conditions, longer tests will typically be required to ensure that water storage in the formation has been pumped and the water flow is actual well production. In the event that the adequacy of the underground aquifer cannot be addressed by the State Engineer’s Office, a representative number of test wells, depending on subdivision acreage and lot size, shall be drilled on the property and the quantity and quality of the water in each well tested and found satisfactory before a statement of feasibility for such wells to serve the entire subdivision is issued. Information from existing wells in reasonable proximity to the project may also be considered. Shared or common wells will be strongly encouraged whenever feasible or possible, especially in cluster design subdivision developments. b. Quality: A chemical and bacteriological analysis of the water shall be required that meets the standards of the Utah State Department of Environmental Quality, Division of Drinking Water, and the Summit County Public Health Department. c. Pressure: Adequate water pressure shall be provided, at the point of delivery, for an end user such as a homeowner, as well as for fire fighting. Water pressure for fire fighting shall generally be regulated by the respective fire district. Adequate fire fighting water pressure shall be deemed acceptable upon receipt of an approval letter from the fire district. Adequate water pressure to an end user shall constitute a minimum of 35 pounds per square inch (psi) of water being provided at the floor level of the dwelling. For individual private wells, it will be assumed that adequate pressure can be provided by the homeowner for their own needs according ---PAGE BREAK--- 11-2-4 to the size of the well pump and/or storage tank elevation. d. Dependability: The water source shall be dependable in meeting the water demand and in providing adequate flow capacity to serve the intended water user as well as water storage for fire protection. The source shall meet the anticipated water demand on the day of highest water consumption, or peak day demand. The peak day demand for the year-round indoor use of a single-family dwelling shall be 800 gallons per day (gpd). Generally, storage volume must at least equal one average day’s demand or 400 gallons whichever is greater. Source demand for indoor culinary water use of a single- family dwelling shall generally be calculated as 0.56 gallons per minute (gpm). Outdoor irrigation use shall generally be calculated as 2.80 gallons per minute (gpm)/irrigated acre. The water source shall not create negative impacts or reduce the dependability of other water resources in the area. e. Fire Protection: All development, including a single-family dwelling on an individual lot or parcel, that does not have year-round access or is located within the Wildland Fire Interface Zone may be subject to the following fire protection water measures as required by the respective fire district and/or fire warden: Connection to a community or private water system, well or spring with a minimum 5,000 gallon water storage tank, pond, or other accessible water body with a dry hydrant. Internal fire sprinkler systems. 4. Submission Requirements: The applicant shall provide the following information regarding the proposed development and project area: a. Proposed density of the development; b. Well logs; c. Evidence of any ground water; d. Historic well water levels in the surrounding area; e. Septic tank density of the surrounding area: f. Proposed lateral distances for protection zones between septic tanks/drain fields and water supply wells, and; g. Other similar information to determine whether sufficient water is available to serve the proposed development. 11-2-4: NATURAL RESOURCES: A. Unsuitable Development: No land shall be considered for a development which is found, on the basis of engineering or geologic data, to be unsuitable for the activity or use proposed and that approving the use at the proposed locations is ---PAGE BREAK--- 11-2-4 likely to be harmful to the public health, safety or welfare. B. Erosion: Care shall be taken to ensure that development shall not significantly contribute to the acceleration of the erosion of soil and rock and stream sedimentation or cause other significant environmental concerns. C. Hillside Development: Development shall minimize the highly visible placement of homes and other structures on hillsides. Whenever possible, development shall be sensitively sited in order to encourage effective open space and the conservation of the natural appearance and aesthetic beauty of the mountains. When hillside development is permitted, it shall be integrated into the site, using topography, vegetation and other reasonable techniques, in a manner that causes it to blend into the hillside. Development near the toe of the hill, including the transitional area between the hillside and flat meadow areas, is appropriate. D. Floodplain: Development shall be strongly discouraged in a one hundred-year floodplain or in areas where there is a high water table. Such development must meet the requirements of the Federal Emergency Management Agency, and it shall not significantly alter the natural drainage patterns of the land. E. Wetlands: No development shall be permitted in moderate and high quality wetlands unless appropriate mitigation is approved. This can include minimum mitigation requirements of the Army Corps of Engineers. F. Natural Grade Slopes: No development shall be permitted on natural grade slopes in excess of thirty percent G. Wildlife, Range Areas, Migration Corridors: Care shall be taken to ensure that development shall not significantly affect wildlife birthing areas, critical winter range areas and migration corridors. H. Visually Sensitive Areas: Development shall not be placed on any hillside or ridge top in a manner that causes any portion of a structure to extend into the skyline as viewed from public roadways when the roadway is located below the ground elevation of the structure. Visually sensitive areas shall be determined at the time of a development application. I. Drainage: The integrity of existing and natural drainage patterns shall be preserved so that the aggregate of future public and private development activities will not cause storm drainage and floodwater patterns to exceed the capacity of natural or constructed drainage ways, or to subject other areas to increased potential for damage by flood, erosion or sedimentation, or to pollute natural streams, including consistency with applicable state standards. New development shall not cause runoff characteristics of a site after development to be more disruptive to natural streams or land uses or drainage systems than are the runoff characteristics before development. ---PAGE BREAK--- 11-2-5 11-2-6 J. Air Quality: Development shall not contribute significantly to the degradation of air quality in the county, including violation of any applicable state pollution control laws. K. Noise Limits: Non-agriculture development shall not generate noise equal to or exceeding sixty decibels (60 dB) at its property line which would result in materially adverse impacts relating to the use of the land in question or adjacent land or its occupants. (Ord. 278, 5-61996) 11-2-5: COUNTY INFRASTRUCTURE, FACILITIES AND SERVICES: A. Impact: Major development shall be evaluated to determine its impact on the quality of public services, facilities or programs provided to the general community, or portions thereof. It is the policy of the county to ensure that the financial integrity of existing county and/or special service district programs is not jeopardized by over extension, inadequately or poorly phased use levels or lack of revenue base as a result of new development. Any adverse impacts caused by the development shall be minimized. B. Traffic Volume: No development shall cause the traffic volume on any public road or intersection thereon, affected by the proposed subdivision, to fall below the design capacity of the roadway, as measured by the highway capacity manual (Transportation Research Board, Special Report 209, 1985). C. Fire Hazard: Any development that, due to size, building materials or proximity to vegetation, presents an unusual fire hazard which is beyond the firefighting capability of the fire district within which it is located is inappropriate and will not be approved by the county. D. Remote Locations: Development in remote locations that will adversely and unreasonably affect the firefighting or emergency service capability of a fire district or special service district within which it is located to provide adequate service to the majority of the people located within the district, is inappropriate and will not be approved by the county. E. Locked Gates on Private Roads: Residential development, with private roads providing direct access to residential properties, will not be approved if there is a locked gate at the entrance to the residential property unless the developer/owner has made prior arrangements with the county sheriff and fire district for emergency access to the property. (Ord. 278, 5-6-1996) 11-2-6: INFRASTRUCTURE DESIGN AND MAINTENANCE: A. Rural Standards: Eastern Summit County shall maintain rural infrastructure ---PAGE BREAK--- 11-2-6 design standards. Infrastructure that is not consistent with these standards is not appropriate. Roadways shall be designed, engineered and constructed so as to minimize future maintenance costs, to alleviate hillside visual and functional problems and to avoid deep cuts. B. Traffic Hazards: No development shall be approved which will create traffic hazards or which does not provide adequate access for service vehicles and emergency vehicles, including fire trucks, ambulances and sheriff vehicles, or which is not designed to facilitate reasonable removal or storage of snow from traffic areas. C. Traffic Volume: No development shall be approved which generates traffic volumes that require roads to be built or existing roads to be expanded in a manner not consistent with the rural infrastructure standards identified in Chapter 6 of this Title. D. Maintenance Responsibility: No major residential development shall be approved without adequate evidence of proper long term maintenance responsibilities of an association of the property owners for all privately maintained infrastructure, including, but not limited to, road maintenance, snow removal, fuel breaks for firefighting, and other specific requirements as may be appropriate. (Ord. 278, 5-6-1996) ---PAGE BREAK--- ---PAGE BREAK--- 11-3-1 CHAPTER 3 ZONING DISTRICTS AND REQUIREMENTS SECTION: 11-3-1: Establishment of Zone Districts 11-3-2: Agriculture Protection (AP) 11-3-3: Agriculture-Grazing 100 (AG-100) 11-3-4: Agriculture-Grazing 160 (AG-160) 11-3-5: Highway Corridor (HC) 11-3-6 Cabin Area (CA) 11-3-7: Commercial 11-3-8: Light Industrial (LI) 11-3-9: Industrial 11-3-10: Specially Planned Area (SPA) 11-3-11: Annexation Declaration Area Overlay (ADA) 11-3-12: Zone District Map 11-3-13: Allowed, Conditional, Low Impact, and Temporary Uses 11-3-14: Chart of Allowed and Permitted Uses 11-3-1: ESTABLISHMENT OF ZONE DISTRICTS: In order to carry out the purposes and provisions of this chapter, the following zone districts are permitted within the unincorporated area of the Eastern Summit County Planning District: Agriculture Protection (AP) Agriculture-grazing 100 (AG-100) Agriculture-grazing 160 (AG-160) Highway Corridor (HC) Cabin Area (CA) Commercial Light Industrial (LI) Industrial Specially Planned Area (SPA) Annexation Declaration Area Overlay (ADA) (Ord. 481, 3-1-2004) ---PAGE BREAK--- 11-3-2 11-3-2: AGRICULTURE PROTECTION (AP): A. District Intent: The AP zone district is established for the purpose of allowing development in a manner that preserves, promotes, maintains, and enhances the use of land for commercial agricultural purposes; minimizes scattered and leap frog non-agricultural development; protects and preserves natural resource areas; and protects and promotes the open space values of Eastern Summit County. The AP zone district is intended for use or consideration only for lands that are adjacent to or within the primary county infrastructure and service areas. B. Area: Minimum land area for each dwelling unit for density purposes is forty (40) acres, except as provided for in Section 11-4-4 or Section 11-4-5 of this Title. (Ord. 481, 3-1-2004) C. Setbacks: Unless otherwise noted on a recorded plat, minimum setback shall be at least one hundred feet (100') from any public road right-of-way or, in the absence of a designated right-of-way, at least one hundred twenty feet (120') from the centerline of the public roadway. Variations in front setbacks are allowed to meet development approval criteria. On all conforming parcels/lots, the minimum side and rear setbacks shall be fifty feet 1. Wetlands and Streams: The minimum setback from wetlands shall be forty feet The minimum setback from any other naturally occurring year-round stream, lake, pond or reservoir shall be one hundred feet (100’) from the ordinary high water mark. 2. Non-Conforming Lots: a. Non-Conforming Lots Less than Five Acres: On non-conforming lots less than five acres in size, and of a configuration that does not allow the zone required setbacks, default setbacks shall be applied as described below: Front Setback: The minimum front setback shall be at least thirty feet (30') from the front property line. In cases where the property lines extend to the center of a public road or private driveway, the minimum setback shall be fifty-five feet (55’) from the centerline of the road. Side and Rear Setbacks: The minimum side and rear setbacks shall be twelve feet (12') from the property line. b. Non-Conforming Parcels Larger than Five Acres: On non- conforming parcels more than five acres in size, every reasonable effort will be made to meet the zone required setbacks. The CDD or designated planning staff member may determine that decreased setbacks are justified due to the configuration of a lot, to ---PAGE BREAK--- 11-3-3 maximize the agricultural potential of the lot, or to avoid important natural or unusual features. These decreased setbacks shall not be less than the default setbacks unless a variance is granted by the Board of Adjustment. (Ord. 470,11-19-2003; amd. Ord. 481, 3-1-2004; 2004 Code) D. Height: Maximum building height shall be thirty-two feet 11-3-3: AGRICULTURE-GRAZING 100 (AG-100): A. District Intent: The AG-100 zone district is established for the purpose of allowing development in a manner that lessens the danger of fire and damage to property; protects lands for agriculture, raising of livestock, and production of timber where they exist; protects water supplies, wildlife, and other natural resources; and protects and promotes the values of Eastern Summit County. Additionally, residential density is directly related to distance from primary county infrastructure and service areas which result from the wide scattering of residential development. B. Area: Minimum land area for each dwelling unit for density purposes is one hundred (100) acres. (Ord. 48, 3-1-2004) C. Setbacks: Unless otherwise noted on a recorded plat, minimum setback shall be at least one hundred feet (100') from any public road right of way or, in the absence of a designated right of way, at least one hundred twenty feet (120') from the centerline of the public roadway. Variations in front setbacks are allowed to meet development approval criteria. On all conforming parcels/lots, the minimum side and rear setbacks shall be fifty feet 1. Wetlands and Streams: The minimum setback from wetlands shall be forty feet The minimum setback from any other naturally occurring year-round stream, lake, pond or reservoir shall be one hundred feet (100’) from the ordinary high water mark. 2. Non-Conforming Lots: a. Non-Conforming Lots Less than Five Acres: On non-conforming lots less than five acres in size, and of a configuration that does not allow the zone required setbacks, default setbacks shall be applied as described below: Front Setback: The minimum front setback shall be at least thirty feet (30') from the front property line. In cases where the property lines extend to the center of a public road or private driveway, the minimum setback shall be fifty-five feet (55’) from the centerline of the road. ---PAGE BREAK--- 11-3-3 Side and Rear Setbacks: The minimum side and rear setbacks shall be twelve feet (12') from the property line. b. Non-Conforming Parcels Larger than Five Acres: On non- conforming parcels more than five acres in size, every reasonable effort will be made to meet the zone required setbacks. The CDD or designated planning staff member may determine that decreased setbacks are justified due to the configuration of a lot, to maximize the agricultural potential of the lot, or to avoid important natural or unusual features. These decreased setbacks shall not be less than the default setbacks unless a variance is granted by the Board of Adjustment. (Ord. 470,11-19-2003; amd. Ord. 481, 3- 1-2004; 2004 Code) D. Height: Maximum building height shall be thirty-two feet E. Special Regulation: No subdivision plat shall be approved by county without a plat note containing the language stated below. No building permit shall be issued for any previously platted lot without the signing of a "Memorandum of Understanding” by the owner containing the language stated below. The memorandum of understanding shall be filed in the records of the County Recorder to notify any future owner of the property of infrastructure and service level expectations associated with the property. The property owner acknowledges that he/she is building in a location that is far removed from the primary Summit County service areas. As such, the property owner is on notice that there is limited access, infrastructure, and public services in the area. Some services, which include, but are not limited to, garbage pick up and school bus service, will not be provided. Emergency response time will be longer than it is in more accessible areas, and access by emergency vehicles may be impossible at times due to snow and road conditions. The owner understands and acknowledges that there may be infrastructure in these remote locations that does not meet adopted county infrastructure standards. It is the intent of Summit County to attempt to continue to provide the existing variety, scale, and frequency of public services and infrastructure for all existing and new development in these remote areas of Eastern Summit County. It is not the intent of Summit County to increase the variety, scale, and frequency of public services and infrastructure or to provide urban levels of service and infrastructure in these areas. By this notice, the property owner assumes the risks of occupancy as outlined above, and is hereby put on notice that there are no anticipated changes in the levels of services or infrastructure by either Summit County or the appropriate special service district, nor does the property owner expect changes beyond those identified herein. (Ord. 481, 3-1- 2004) ---PAGE BREAK--- 11-3-4 11-3-4: AGRICULTURE-GRAZING 160 (AG-160): A. District Intent: The AG-160 zone district is established for the purpose of allowing development in environmentally sensitive and remote areas of Eastern Summit County in a manner that protects agricultural values where possible and whenever they exist; minimizes disturbances to the natural environment; lessens the danger of fire and damage to property; protects water supplies, wildlife, and other natural resources; and protects and promotes the open space values of Eastern Summit County. Residential densities are directly related to the extreme distance from primary county infrastructure and service areas and avoiding the excessive costs for public services which result from the scattering of residential development. B. Area: Minimum land area for each dwelling unit for density purposes is one hundred sixty (160) acres. (Ord. 481, 3-1-2004) C. Setbacks: Unless otherwise noted on a recorded plat, minimum setback shall be at least one hundred feet (100') from any public roadway right of way or, in the absence of a designated right-of-way, at least one hundred twenty feet (120') from the centerline of the public roadway. Variations in front setbacks are allowed to meet development approval criteria. On all conforming parcels/lots, the minimum side and rear setbacks shall be fifty feet 1. Wetlands and Streams: The minimum setback from wetlands shall be forty feet The minimum setback from any other naturally occurring year round stream, lake, pond or reservoir shall be one hundred feet (100’) from the ordinary high water mark. 2. Non-Conforming Lots: a. Non-Conforming Lots Less than Five Acres: On non-conforming lots less than five acres in size, and of a configuration that does not allow the zone required setbacks, default setbacks shall be applied as described below: Front Setback: The minimum front setback shall be at least thirty feet (30') from the front property line. In cases where the property lines extend to the center of a public road or private driveway, the minimum setback shall be fifty-five feet (55’) from the centerline of the road. Side and Rear Setbacks: The minimum side and rear setbacks shall be twelve feet (12') from the property line. b. Non-Conforming Parcels Larger than Five Acres: On non- conforming parcels more than five acres in size, every reasonable effort will be made to meet the zone required setbacks. ---PAGE BREAK--- 11-3-5 The CDD or designated planning staff member may determine that decreased setbacks are justified due to the configuration of a lot, to maximize the agricultural potential of the lot, or to avoid important natural or unusual features. These decreased setbacks shall not be less than the default setbacks unless a variance is granted by the Board of Adjustment. (Ord. 470,11-19-2003; amd. Ord. 481, 3-1- 2004; 2004 Code) D. Height: Maximum building height shall be thirty-two feet E. Special Regulation: No subdivision plat shall be approved by the county without a plat note containing the language stated below. No building permit shall be issued for any previously platted lot without the signing of a "Memorandum of Understanding" containing the language stated below. The Memorandum of Understanding shall be filed in the records of the County Recorder to notify any future owner of the property of infrastructure and service level expectations associated with the property. The property owner acknowledges that he/she is building in a location that is far removed from the primary Summit County service areas. As such, the property owner is on notice that there is limited access, infrastructure, and public services in the area. Some services, which include, but are not limited to, garbage pick up and school bus service, will not be provided. Emergency response time will be longer than it is in more accessible areas, and access by emergency vehicles may be impossible at times due to snow and road conditions. The owner understands and acknowledges that there may be infrastructure in these remote locations that does not meet adopted county infrastructure standards. It is the intent of Summit County to attempt to continue to provide the existing variety, scale, and frequency of public services and infrastructure for existing and new development in these remote areas of Eastern Summit County. It is not the intent of Summit County to increase the variety, scale, and frequency of public services and infrastructure or to provide urban levels of service and infrastructure in these areas. By this notice, the property owner assumes the risks of occupancy as outlined above, and is hereby put on notice that there are no anticipated changes in the levels of services or infrastructure by either Summit County or the appropriate special service district, nor does the property owner expect changes beyond those identified herein. (Ord. 481, 3-1- 2004) 11-3-5: HIGHWAY CORRIDOR (HC): A. District Intent: ---PAGE BREAK--- 11-3-5 1. The HC zone district is established for the purposes of allowing residential development in a rural setting that is readily served by existing county infrastructure and in a manner that is compatible with agricultural land uses. The location of the HC zone is based on evaluation of the following criteria: a. Ease of providing services. b. Possibility of connection to a water system. c. Existing land use patterns. d. Annexation boundaries of cities. e. Wetlands and water flow patterns. 2. The HC zone district shall extend two hundred fifty feet (250') on either side of the centerline of those county roadways designated as Highway Corridor on the Zone District Map. B. Area: Minimum land area for each dwelling unit for density purposes is one acre. C. Lot Width: Minimum lot width shall be one hundred (100) lineal feet at any point, unless specifically and adequately clustered in order to meet development approval criteria to protect agricultural lands and open space. D. Setbacks: Minimum setback shall be at least fifty feet (50') from any county designated roadway right of way or, in the absence of a designated right-of-way, at least eighty feet (80') from the centerline of the county designated roadway. Front setbacks from a private driveway or access road shall be thirty feet (30') from the front property line. In cases where the property lines extend to the center of a private driveway or access road, the minimum setback shall be fifty- five feet (55’) from the centerline of the driveway or road. The minimum side and rear setbacks for all structures shall be twelve feet 1. Wetlands and Streams: The minimum setback from wetlands shall be forty feet The minimum setback from any other naturally occurring year-round stream, lake, pond or reservoir shall be one hundred feet (100’) from the ordinary high water mark. E. Height: Maximum building height shall be thirty-two feet F. Special Provision: For the purpose of locating development, density can be transferred between commonly owned property in the HC and abutting zone district to protect agriculture lands and open space based upon the findings of a site specific agricultural plan. (Ord. 481, 3-1-2004) ---PAGE BREAK--- 11-3-6 11-3-7 11-3-6: CABIN AREA (CA) A. District Intent: The Cabin Area (CA) zone district is established for the purpose of recognizing those subdivisions that were established typically in remote areas, and largely prior to the existence of planning and zoning in Eastern Summit County. The CA zone is to apply only to the subdivisions identified at the time of the creation of this zone. Subdivisions created after the adoption of this zone are not eligible to be rezoned to the Cabin Area. Uses permitted in the zone are those typically associated with seasonal or year-round residential and recreation. B. Area: Minimum land area for each dwelling unit for density purposes is the recorded lot size of the existing subdivision plats. No further subdivision of these lots is permitted for density purposes. Lot line adjustments that do not result in an increase of density may be permitted, pursuant to the requirements of this Title. C. Setbacks: Unless otherwise noted on a recorded plat, minimum setback shall be as provided below: 1. Wetlands and Streams: The minimum setback from wetlands shall be forty feet The minimum setback from any other naturally occurring year-round stream, lake, pond or reservoir shall be one hundred feet (100’) from the ordinary high water mark. 2. Lot Setbacks a. Default setbacks shall be applied as described below: Front Setback: The minimum front setback shall be at least thirty feet (30') from the front property line. In cases where the property lines extend to the center of a public road or private driveway, the minimum setback shall be fifty-five feet (55’) from the centerline of the road. Side and Rear Setbacks: The minimum side and rear setbacks shall be twelve feet (12') from the property line. D. Height: Maximum building height shall be thirty-two feet 11-3-7: COMMERCIAL A. District Intent: This zone district is established for the purposes of providing the general public with access to a limited range of neighborhood commercial and service related uses necessary to support the needs of residents in the surrounding area. This zone district allows existing commercial uses to be expanded and new commercial uses to be established within the commercial zone of the town center area of an unincorporated community. All commercial uses exceeding 2,000 square feet are reviewed through the Conditional Use review process. ---PAGE BREAK--- 11-3-7 B. Existing Legal Non-conforming Commercial Uses: Existing legal non-conforming commercial uses not located within a commercial zone district may continue and may be enlarged and/or expanded in accordance with Section 6.20 of the Code and the Commercial Use Criteria listed in Subsection C hereunder. C. Commercial Zone and Use Criteria: New commercial uses shall not be established nor shall existing commercial uses be expanded within the commercial zone unless the use complies with all of the following criteria. 1. The commercial use provides goods and/or services and employment opportunities to the residents of Eastern Summit County. 2. There is sufficient off-street parking at a minimum ratio of 3 spaces per 1000 square feet of floor area with adequate circulation and convenient access to the property without hazards and conflicts in residential neighborhoods. 3. Public services (sewer, water, electric, phone, etc.) are readily available to the property and can be provided at adequate levels to serve the demands of the commercial use without negatively impacting the level of service to adjoining uses or existing businesses as determined through an infrastructure analysis. 4. The property does not contain sensitive lands that are negatively impacted by the commercial use. 5. The commercial use is compatible and consistent with or supports other nearby uses and/or property conditions and has frontage along a public roadway. 6. The commercial use will not substantially alter the essential character of the surrounding area. 7. The commercial use will not substantially increase the danger of fire or otherwise endanger public safety, or substantially diminish or impair the enjoyment of surrounding properties. 8. A Site Plan, Building Architectural Drawings and Operational Management plan will be required as part of any conditional use, low impact permit, rezoning or expansion of a commercial use to fully address potential impacts to neighboring uses or the community at large. D. Floor Area and Lot Coverage: Floor area and lot coverage requirements in the Commercial Zones shall be dictated by off-street parking, adequate circulation and other site design requirements and development standards. The maximum floor area or lot coverage shall not exceed sixty (60) percent of the lot. ---PAGE BREAK--- 11-3-7 11-3-8 E. Lot Width: There shall be no requirement for lot width, provided all off-street parking and circulation requirements can be satisfied. F. Setback Requirements: Minimum front yard setbacks shall be twenty (20) feet from any roadway right-of-way. Minimum side yard setbacks shall be twelve (12) feet from the side property line. Minimum rear yard setback shall be twenty four (24) feet from the rear property line to provide adequate alleyways for deliveries. Variances to the required setbacks to facilitate the use of existing buildings may be considered. 1. Wetlands and Streams: The minimum setback from wetlands shall be forty feet The minimum setback from any other naturally occurring year-round stream, lake, pond or reservoir shall be one hundred feet (100’) from the ordinary high water mark. G. Parking: Parking shall generally be located at the side or rear of commercial buildings with only limited parking allowed at the front of the building between the roadway and the building. H. Building Height: Maximum building height shall be thirty-two (32) feet unless additional building height is required for the commercial use and is approved by the fire district and is determined to be compatible with adjacent buildings and uses. In no case shall the building height exceed fifty (50) feet. I. Special Requirements: Special landscape screening and other buffer requirements, to the extent practical and reasonable, may be required to minimize the impact on adjacent uses. Special screening and buffer requirements shall be determined through the Conditional Use review processes. 11-3-8: LIGHT INDUSTRIAL (LI): A. District Intent: This zone district is established for the purposes of providing the general public with access to a range of light industrial and service related uses that are consistent with and supportive of the goals of the Eastern Summit County General Plan, necessary to support the economic growth of Summit County. This zone district is also established to serve as the gap between the Industrial and Commercial zones. This zone district allows existing commercial and light industrial uses to be expanded and new commercial uses to be established within the Light Industrial Zone of the unincorporated community. However, it also is intended to permit an appropriate diversity of economic activity at other appropriate locations to support the economic growth of Eastern Summit County when appropriate services can be made available and the use is compatible with its surroundings. ---PAGE BREAK--- 11-3-8 B. Existing Legal Non-Conforming Light Industrial Uses: Existing legal non- conforming light industrial uses not located within a Light Industrial zone district may continue and may be enlarged and/or expanded in accordance with Section 11-6-2 of the Code and the Use Criteria listed in Subsection below. C. Light Industrial Zone and Use Criteria: New light industrial uses shall not be established nor shall existing light industrial uses be expanded within the Light Industrial zone unless the use complies with all of the following criteria: 1. There is adequate off-street parking, circulation areas, and safe convenient access to the property. 2. Public services (sewer, water, electric, phone, etc.) are readily available to the property and/or can be provided at adequate levels to serve the demands of the use without negatively impacting the level of service to adjoining uses or existing businesses as determined through an infrastructure analysis. 3. The property does not contain sensitive lands that are negatively impacted by the use. 4. The light industrial use will not substantially alter the essential character of the surrounding area. 5. The use will not substantially increase the danger of fire or otherwise substantially endanger public safety. 6. A Site Plan, Building Architectural Drawings, and plan of operations will be required as part of any conditional use, low impact permit, rezoning or expansion of a light industrial use to fully address potential impacts to neighboring uses or the community at large. D. Lot Width: There shall be no requirement for lot width, provided all material handling, off-street parking and circulation requirements can be satisfied. E. Building Height: Maximum building height shall be thirty-two (32) feet unless additional building height is required for the subject use and is approved by the fire district and is determined to be compatible with adjacent buildings and uses. In no case shall the building height exceed fifty (50) feet. F. Setback Requirements: Minimum setbacks for light industrial uses shall be determined through the Low Impact or Conditional Use approval process. The minimum setback shall be at least fifty feet (50') from any county designated roadway right-of-way or, in the absence of a designated right-of-way, at least eighty feet (80') from the centerline of the county designated roadway. Front setbacks from a private driveway or access road shall be thirty feet (30') from the front property line. In cases where the property lines extend to the center of a private driveway or access road, the minimum setback shall be fifty five feet (55’) from the centerline of the driveway or road. The minimum side and rear setbacks for all structures shall be twelve feet ---PAGE BREAK--- 11-3-8 11-3-9 For structures taller than thirty-two (32) feet and/or parcels larger than five acres, the setbacks shall be at least one hundred feet (100') from any public road right-of-way or, in the absence of a designated right-of-way, at least one hundred twenty feet (120') from the centerline of the public roadway, and the minimum side and rear setbacks shall be fifty feet Wetlands and Streams: The minimum setback from wetlands shall be forty feet The minimum setback from any other naturally occurring year-round stream, lake, pond or reservoir shall be one hundred feet (100’) from the ordinary high water mark. G. Special Requirements: Special landscape screening and other buffer requirements, to the extent practical and reasonable, may be required to minimize the impact on adjacent uses. Special screening and buffer requirements shall be determined through the planning permit review processes. 11-3-9: INDUSTRIAL A. District Intent: This zone district is established for the purposes of providing locations for those industrial land uses that are consistent with and supportive of the goals of The Eastern Summit County General Plan. This zone district is intended to encourage industrial development near incorporated municipalities, where adequate services are generally available. However, it also is intended to permit an appropriate diversity of economic activity at other appropriate locations to support the needs of Eastern Summit County residents when appropriate services can be made available and the use is compatible with its surroundings. Industrial uses are reviewed through the Conditional Use review process. B. Existing Legal Non-Conforming Industrial Uses: Existing legal non-conforming industrial uses not located within an Industrial zone district may continue and may be enlarged and/or expanded in accordance with Section 6.20 of the Code and the Industrial Use Criteria listed in Subsection below. C. Industrial Zone and Use Criteria: New industrial uses shall not be established nor shall existing industrial uses be expanded within the industrial zone unless the use complies with all of the following criteria. 1. There is adequate off-street parking and circulation areas and direct access to a major roadway from the property where heavy equipment or truck traffic will not travel through established residential neighborhoods. 2. Public services are readily available to the property and can be provided at adequate levels to serve the demands of the industrial use without ---PAGE BREAK--- 11-3-9 11-3-10 negatively impacting the level of service to adjoining uses or existing industrial uses. 3. The industrial use is compatible and consistent with or supports other nearby uses and/or property conditions. 4. The property does not contain sensitive lands that cannot be mitigated if negatively impacted by the industrial use. 5. A Final Site Plan, Design Guidelines and Operational Management plan will be required as part of any conditional use, rezoning or expansion of an industrial use to fully address potential impacts to neighboring uses or the community at large. D. Floor Area and Lot Coverage: Floor area and lot coverage requirements in the Industrial zones shall be dictated by off-street parking, adequate circulation and other site design requirements and development standards. The maximum floor area or lot coverage shall not exceed sixty (60) percent of the lot. E. Lot Width: There shall be no requirement for lot width, provided all off-street parking and circulation requirements can be satisfied. F. Setback Requirements: Minimum setbacks for industrial uses shall be determined through the Conditional Use Review Process. 1. Wetlands and Streams: The minimum setback from wetlands shall be forty feet The minimum setback from any other naturally occurring year-round stream, lake, pond or reservoir shall be one hundred feet (100’) from the ordinary high water mark. G. Parking: Parking shall generally be located at the side or rear of industrial buildings with only limited parking allowed at the front of the building between the roadway and the building. H. Building Height: Maximum building height shall be thirty-two (32) feet unless additional building height is required for the industrial use and is approved by the fire district and is determined to be compatible with adjacent buildings and uses. In no case shall the building height exceed fifty (50) feet. I. Special Requirements: Special landscape screening and other buffer requirements, to the extent practical and reasonable, may be required to minimize the impact on adjacent uses. Special screening and buffer requirements shall be determined through the Conditional Use review processes. 11-3-10: SPECIALLY PLANNED AREA (SPA): ---PAGE BREAK--- 11-3-10 A. District Purpose: The purpose of the SPA zone district is to allow, at the discretion of the county, flexibility in the use of land, densities, site layout, and project design. The county shall only use the SPA Zone when it is clearly demonstrated that in doing so, substantial benefits will be derived by the residents of Eastern Summit County. The SPA zone may be designated by the county only after an application has been submitted by the owner of the property to be considered in the application. The burden shall rest upon an applicant to demonstrate that the proposed SPA is in the best interest of the general health, safety, and welfare of Eastern Summit County residents. The SPA is intended to: 1. Permit innovative considerations in the development of land to ensure that development is undertaken in a manner that significantly further the goals and objectives of the Eastern Summit County General Plan; 2. Allow a creative approach to the development and use of the land and related physical facilities to produce better development, design and construction of quality and aesthetic amenities; 3. Allow for a choice in the type and quality of environments, including a mix of land uses, available to residents and the public; 4. Better relate residential, commercial, and industrial development with community facilities and infrastructure location, size, and design; B. Requirements for Approving an SPA: Before an SPA zone is designated in any area, the Planning Commission and County Council shall determine the following: 1. That there are substantial tangible benefits to be derived by the general public of Eastern Summit County that significantly outweigh those that would otherwise be derived if development occurred under the provisions of the underlying zone district; 2. That there are unique circumstances, above the normal limitations and allowances of the underlying zone, that justify the use of an SPA; 3. That the development proposed in an application for SPA consideration is compatible with the rural, agricultural, and small town character of Eastern Summit County; 4. That the development proposed in the application will not adversely affect the social, cultural, and rural values and institutions of Eastern Summit County; ---PAGE BREAK--- 11-3-10 11-3-11 5. That the development proposed furthers the goals and objectives of the General Plan; 6. That the development proposed complies with criteria described in this Title for approving a development project, including; a. The development evaluation standards contained in Chapter 2 of this Title; b. The criteria for approving an SPA that are described in Section 11- 4-5 of this Title; c. The provisional requirements of development agreements in Section 11-6-10 of this Title; and 7. That approving an SPA zone district will not adversely affect the public health, safety, and general welfare. C. Application and Review Procedure: The procedure for applying for an SPA is described in Subsection 11-5-3B of this Title. All contiguous property under one ownership shall be planned in a unified and comprehensive fashion and shall be included in an application for SPA consideration and approval. (Ord. 481, 3-1- 2004) 11-3-11: ANNEXATION DECLARATION AREA OVERLAY (ADA): A. District Purpose: The purpose of the ADA overlay is to allow, at the discretion of the county, flexibility in the use of land, densities, site layout, and project design, and to permit a choice in living environments available in Eastern Summit County. The APA overlay is intended to: 1. Ensure that development occurring in the annexation declaration area of each incorporated municipality is compatible with applicable and appropriate standards and policies of the municipality and the county; 2. Better relate residential, commercial, and industrial development with municipal facilities and infrastructure location, size, and design; and 3. Ensure that appropriate and reliable services and infrastructure are available to serve the development. B. Applicability: The location of the ADA overlay shall be identical to the annexation declaration area of each municipality within Eastern Summit County that has so designated such an area. The boundaries of the ADA shall automatically adjust ---PAGE BREAK--- 11-3-11 11-3-12 to conform to all declared changes in annexation declaration areas by each municipality. In instances where parcels held under one ownership are divided by an annexation declaration area boundary, the entire parcel shall be considered to be located within the ADA overlay. C. Review Procedure: Before any development can occur on property containing an ADA overlay, it shall be reviewed in accordance with the appropriate development review procedure described in Chapter 4 of this Title. The underlying zone shall be used as a guide for determining use and density for the property. The county may impose certain other site layout requirements and infrastructure design requirements beyond those suggested in this title to ensure compliance with the standards and policies of the municipality and county for development in annexation declaration areas. (Ord. 481, 3-1-2004) 11-3-12: ZONE DISTRICT MAP: A. Incorporation of Map: The location and boundaries of established zone districts are set forth on the Zone District Map of the Eastern Summit County Planning District. The map, with all notations, references and other information shown thereon, is incorporated herein and is considered part of this Title. B. Amendments: If, in accordance with the provisions of Chapter 5 of this Title, changes are made in district boundaries or other matters portrayed on the Zone District Map, such changes shall be entered on the map after amendment by the CDD or designated planning staff member. C. Official Copy on File: Regardless of the existence of purported copies of the Zone District Map, the official Zone District Map shall be located in the office of the Community Development Department and shall be the final authority as to the current zoning status of land, buildings, and other structures in Eastern Summit County. D. Uncertainty of Boundary: Where there is uncertainty as to the boundary of any zone district, the following rules shall apply: (Ord. 481, 3-1-2004) 1. District boundaries in the AP, AG-100, and AG-160 zone districts shall follow township, range, or section lines wherever possible. However, due to rezoning, if the specific zone district is adjusted in a manner that does not coincide with these lines, specific property boundaries or prominent natural features shall be used. (Ord. 481, 3-1-2004; amd. 2004 Code) 2. District boundaries in the HC zone district shall be located two hundred fifty feet (250') on either side of the centerline of only those county roads so designated on the Zone District Map. ---PAGE BREAK--- 11-3-12 11-3-13 3. District boundaries in the and “RI” zone districts shall follow specific property lines, the centerline of adjacent roads, or prominent natural features. 4. When, due to scale, the Zone District Map lacks detail, is illegible, or where there is uncertainty, contradiction, or conflict as to the intended location of any zone district boundary as shown thereon, the CDD or designated planning staff member shall make an interpretation of the map upon request of any person, and any person aggrieved by any such interpretation may appeal the same to the Planning Commission. (Ord 481, 3-1-2004) 11-3-13: ALLOWED, CONDITIONAL, LOW IMPACT, AND TEMPORARY USES: A. To facilitate public understanding of the Code and for better administration, convenience, and use thereof, those uses designated as "allowed" are permitted as a matter of right without special authorization, provided the use complies with all requirements of the zone district as described in this Chapter. The establishment of any allowed use is subject only to obtaining a building permit, business license, and/or road encroachment permit. B. Conditional Uses are those uses which are permitted in a particular zone district upon showing that such use at a specific site within that zone district will comply with all conditions and standards specified in the Code for ensuring compatibility with surrounding land uses. Conditional uses that are not capable of meeting the Development Evaluation Standards described in Chapter 2.0 of the Code at a specific location shall not be approved at that location. However, the Conditional Use maybe acceptable at another location where it can comply with the Development Evaluation Standards. C. Low Impact Uses are uses, projects and activities that are considered to have little or no impact on the public health, safety and general welfare. Low Impact Uses determined to be in compliance with the development evaluation standards and general regulation of the Code and provisions of the General Plan may be approved administratively by the CDD or designated planning staff member. D. A Temporary Use is a use that can be established for a limited duration with the intent to discontinue such use upon the expiration of the time period. Any use not listed as an allowed use or a Conditional Use within a zone district may be considered as a Temporary Use pursuant to and in accordance with the provisions of Section 11-4-6 of the Code. ---PAGE BREAK--- 11-3-14 11-3-14: CHART OF ALLOWED AND PERMITTED USES: A. The following chart titled "Chart of Allowed and Conditional Uses" defines Allowed, Conditional and Low Impact Uses for the various zone districts. Those uses designated by the letter shall be considered allowed uses in the particular zone district; the letter shall represent those uses that require Conditional Use approval and the letters shall represent those uses that require Low Impact Permit approval. Zoning Legend (Refer to Sections 11-3-2 through 11-3-9 for greater detail on zoning specifications) AP Agriculture Protection (1 dwelling unit/40 acres) C Commercial AG-100 Agriculture Protection (1 dwelling unit/100 acres) I Industrial AG-160 Agriculture Protection (1 dwelling unit/160 acres) RI Railroad Industrial HC Highway Corridor Use Legend (Refer to Section 11-3-13 for greater detail on use specifications) Use Legend (Refer to Section 11-3-13 for greater detail on use specifications) A Allowed T Temporary C Conditional L Low Impact ---PAGE BREAK--- CHART OF ALLOWED AND PERMITTED USES* Permitted Uses AP AG- 100 AG- 160 CA HC C LI I Additional Reference Accessory buildings and uses to the principal residential dwelling unit or subdivision, not to exceed 2,000 square feet. A A A A A L Accessory buildings and uses to the principal residential dwelling unit or subdivision, exceeding 2,000 square feet. C C C C C C Accessory Dwelling unit L L L L C L Section 11-6-5 Agricultural Employee Dwelling unit C C C C Section 11-6-5 Agricultural Employee Facility for the purpose of providing shelter for more than one family. C C C C Agriculture buildings and uses customarily associated with traditional agriculture operations as defined in Appendix A. A A A A Auto Impoundment Yard and towing services A C Automotive Sales L Auto Repair, Service and Detailing L A Auto Wrecking Yard C Banks and Financial Services L Bars, Taverns, Private Clubs C Bed and Breakfast Inn. C C C C L Butcher, Retail C L ---PAGE BREAK--- Permitted Uses AP AG- 100 AG- 160 CA HC C LI I Additional Reference Cemetery C C C C C Child Care, In-home (4 children or less) L L L L Child Care, Family (fewer than 9 children) L L L L Child Care, Family (with 9–16 children) L L L L Child Care, Commercial C Commercial Kennels C C C C C C C Commercial Riding Arenas C C C C Commercial Stables C C C Dwelling unit, multi-family. C C Dwelling unit, one-family. A A A A A Dwelling unit, single-family, attached. L L Food Processing, Commercial L L Funeral Services C C C C L Gas and fuel, storage and wholesale C C Gasoline Service Station with or without Convenience Store L Guest ranches or lodge intended to attract visitors/patrons on a daily basis or an extended stay. C C C Historic Structures, preservation of, including related accessory and supporting uses A A A A A A A A Home Occupation. A A A A A Section 11-6-3 ---PAGE BREAK--- Permitted Uses AP AG- 100 AG- 160 CA HC C LI I Additional Reference Houses of Worship including churches and other religious institutions. C C C C C C Hospitals C Hotel, Motel or Inn L Indoor Entertainment such as bowling alleys, skating rinks, movie theater, performing arts center L Industrial Uses and operations including storage, and processing. C Institutional Uses including fire stations, private schools and public or quasi-public buildings. C C C C C Logging Camp C L L Manufacturing, custom L L L L L Manufacturing, light L L Manufacturing, heavy C Mobile Home Park C C Mobile home with foundation (refer to Prefabricated Home definition.) A A A A A L Mobile home without foundation C C C C C Municipal Landfill C Nursery/greenhouse. C C C C A Oil wells, natural gas wells and steam wells C C C C Section 11-4-10.F Open Recreation uses C L L C C L Petroleum Refineries C C C ---PAGE BREAK--- Permitted Uses AP AG- 100 AG- 160 CA HC C LI I Additional Reference Professional Offices L Railroad Industrial Uses including shipping and distribution. L L Recreation and Athletic Facilities L Rehearsal or teaching studio for creative, performing and/or martial arts with no public performances L Recycling Facility, Class I A A A A A A A A Recycling Facility, Class II L Residential Care Facilities C C C C C Section 11-6-16 & Appendix A Restaurant, not exceeding 2,000 sq. ft. A Restaurant, exceeding 2,000 sq. ft. L Restaurant with a drive through L Retail commercial establishments, exceeding 2,000 square feet. L Retail commercial establishments, not to exceed 2,000 square feet. A Rock quarries, gravel pits, and associated surface mining uses including, but not limited to, filtering, sifting, and processing of soil. C C C L Seasonal Recreation, Commercial (Non- Motorized) L L L L L Seasonal Recreation, Commercial (Motorized) C C C C C Sexually Oriented Businesses C Appendix B Shooting Ranges, Indoor C C L ---PAGE BREAK--- Permitted Uses AP AG- 100 AG- 160 CA HC C LI I Additional Reference Shooting Ranges, Outdoor C C C Telecommunication Facilities - Co-Location A A A A A A A A Section 11-6-7 Telecommunication Facilities – Stealth A A A A A A A A Section 11-6-7 Underground transmission lines exceeding 12 inches diameter, gas, oil, water, etc.). C C C C C C C C Underground utility uses, including transmission lines for natural gas, water, sewer, telephone, power, etc. A A A A A A A A Utility structures and related facilities C L L C C C L L Section 11-6-6 Utility Towers and associated transmission and distribution lines 45 feet in height or less. L A A L L L L A Utility Towers and associated transmission and distribution lines greater than 45 feet in height. C C L C C C C L Veterinarian Clinic L L L C L L Warehousing and commercial storage. C L C Water and Wastewater Treatment Plant C C C C C C C Wind power generation facilities 45 feet in height and less A A A A A A A A Wind power generation facilities greater than 45 feet in height. C L L C L L Section 11-4-10.G ---PAGE BREAK--- *A Temporary Use is a use that can be established for a limited duration with the intent to discontinue such use upon the expiration of the period. Any use not listed as an allowed use or a Conditional Use within a zone district may be considered as a Temporary Use pursuant to and in accordance with the provisions of Section 11-4-6 of the Code. ---PAGE BREAK--- ---PAGE BREAK--- 11-4-1 11-4-2 CHAPTER 4 DEVELOPMENT REVIEW PROCESSES AND PROCEDURES SECTION: 11-4-1: Purpose 11-4-2: Lot of Record 11-4-3: Legally Created Lot 11-4-4: Divisions of Agricultural Lands 11-4-5: Non-Agricultural Development of Lands divided for Agricultural Purposes 11-4-6: Permits Required 11-4-7: General Provisions 11-4-8: Minor Subdivision of Property Review 11-4-9: Cluster Bonus/Agricultural Preservation Subdivision Review 11-4-10: Major Development Review Process 11-4-11: Final Site Plan Review 11-4-12: Conditional Use Review 11-4-13: Temporary Use Review 11-4-14: Zoning Variances 11-4-15: Special Exceptions 11-4-16: Low Impact Permit Review 11-4-17: Lot Line Adjustments 11-4-18: Amendments to Recorded Subdivision Plats 11-4-19: Condominium Plats 11-4-1: PURPOSE: The purpose of this chapter is to provide both a simple and comprehensive explanation for consideration of development applications. (Ord. 481, 3-1-2004) Except as otherwise provided for in this Title, a "lot of record" or “legally created lot” is required for the development of a single family dwelling, subdivision, or other development action, permit, or use identified in Section 11-3-13 of this Title. The “lot of record” or “legally created lot” status of a property gives the land owner, or designated representative, the right to apply for such entitlement. Land divisions or partitions for agricultural purposes do not qualify for non- agricultural uses unless the property complies with Section 11-4-5 of this Title, in which case “lot of record” or “legally created lot” status is not required. 11-4-2: LOT OF RECORD: A. Any parcel/lot described in a deed, sales contract or survey, that was recorded in ---PAGE BREAK--- 11-4-2 the office of the Summit County Recorder before August 1, 1977, is a “lot of record.” Any parcel/lot described in a deed, sales contract, or survey that was recorded in the office of the Summit County Recorder between August 1, 1977 and June 30, 1992, which complied with the zoning requirements in effect at the time of its creation, is also a "lot of record." A "lot of record" is eligible for the development of a single family dwelling, subdivision, or other development action, permit, or use identified in Section 11- 3-13 of this Title. The “lot of record” status of a property gives the land owner or designated representative the right to apply for such entitlement. The allowable density for a “lot of record” is determined by the underlying zone district. A “lot of record” that is smaller than the applicable minimum parcel size for the zone district in which it is located may be eligible for one unit of density, if all applicable provisions of this Title can be satisfied. Any parcel/lot that is not a “lot of record” and that was not created in accordance with the land use ordinances of Eastern Summit County is eligible for development of a single family dwelling, subdivision, or other development action, permit, or use identified in Section 11-3-13 of this Title, by an action of the County through one of the processes as outlined in Section 11-4-2(F) herein, provided all Code and General Plan criteria can be met. There are parcels/lots within Eastern Summit County that, while their existence may be recorded in the office of the Summit County Recorder, were not created in accordance with the land use ordinances of Eastern Summit County as described herein. Summit County will not process a development application or issue a building permit for such parcels/lots except as provided for in Subsection 11-4-2(F) herein B. Lot of Record Verification: The CDD or designated planning staff member shall verify “lot of record” status on all parcels for development applications in which an associated building permit will be issued, including requests to subdivide property, except as provided for in Subsection 11-4-2(G) herein. The CDD or designated planning staff member decision on the “lot of record" status will be made in writing and provided to the applicant and land owner. C. Parcel Combinations: 1. In the event that two or more adjacent “lots of record” are combined through a lot line adjustment process in accordance with this Title, the newly created parcel shall be considered one “lot of record.” Any further subdivision of the property would be subject to the underlying zone district ---PAGE BREAK--- 11-4-2 with respect to density. 2. In the event that one or more adjacent “lots of record” or “legally created lots” are combined with one or more parcels that are not “lots of record” through a lot line adjustment or plat amendment process in accordance with this Title, the newly created parcel shall be considered one “lot of record” (or if combined with a “legally created lot” through a plat amendment, one “legally created lot”). Any further subdivision of the lot would be subject to the underlying zone district and the acreage of the combined parcel will be counted for density purposes. However, if existing density has been utilized for development purposes, it shall be accounted for in the total density of the combined parcel. D. Appeal Procedure: A "lot of record" determination may be appealed to the County Council within ten (10) calendar days from the date of the decision in accordance with Section 11-7-17 of this Title. E. Standards for Verification: The following factors shall be taken into consideration in determining “lot of record” status, namely: 1. If a government action creates a public road that bisects a “lot of record,” the parcels on either side of the road are considered to be separate “lots of record." If a government action results in the widening of a road within a “lot of record,” the parcel shall maintain its “lot of record” status. 2. If the Union Pacific Rail Trail which follows the historic rail bed divides a “lot of record,” then the parcels on either side of the Rail Trail are considered to be separate “lots of record.” 3. If a property owner petitions to have only a portion of a “lot of record” annexed into a city, the portion of the property remaining under County jurisdiction loses its “lot of record” status unless the property is subdivided in accordance with this Title prior to or concurrent with the annexation. 4. Government survey lot(s), although shown as individual lots on ownership plat maps, are not considered to be "lots of record" unless the lot(s) otherwise conform to the definition of a “lot of record” and there is clear evidence that the government survey lot was owned, conveyed, or patented independent of the quarter section of which it was a part. 5. Section lines do not divide a parcel into two or more "lots of record" unless the parcel(s) otherwise conform to the definition of a "lot of record.” ---PAGE BREAK--- 11-4-2 6. If the description of a "lot of record" has changed due to an updated survey for the purpose of confirming property boundaries, and the description does not create additional, separately described parcels, the “lot of record” status will remain intact. 7. Multiple Assessor Parcel or property tax identification numbers are not conclusive proof of “lot of record”. F. Any parcel/lot that is not a “lot of record” and that was not created in accordance with the land use ordinances of Eastern Summit County is eligible for development of a single family dwelling, subdivision, or other development action, permit, or use identified in Section 11-3-13 of this Title, by an action of the County through one of the following development processes, as defined and outlined in Chapter 4 of this Title, provided all Code and General Plan criteria can be met. 1. Lot Line Adjustment/Boundary Line Agreement, including the combination of a “non-lot of record” with a “lot of record.” 2. Subdivision (In the case of recombining parcels which were broken off from a “lot of record,” the revised description of the parcel(s) must match the original description that complied with the “lot of record" definition, subject to modifications permitted under the preceding Section 3. Plat Amendment, including the expansion of a subdivision to include land outside of a subdivision, regardless of “lot of record” status of the expansion parcel(s). 4. Special Exception as granted by the County Council if the criteria for approval as outlined in Section 11-4-11(B) of this Title can be satisfied. G. Exceptions: 1. Verification of "lot of record" status is not required for the following building improvements, permits, subdivisions, or structures: a. Agricultural exempt buildings b. Grading permits c. Land Divisions for agricultural purposes d. Building additions, remodels, detached garages, or other accessory structures less than 2,000 square feet which are associated with an existing residential dwelling. ---PAGE BREAK--- 11-4-3 11-4-3: LEGALLY CREATED LOT: A. A “legally created lot” is: 1. A lot within an existing platted and approved subdivision which was created in accordance with the subdivision regulations of Summit County and recorded in the office of the County Recorder; or 2. A lot that was created from the conversion of agricultural land divisions to a nonagricultural subdivision in accordance with the Section 11-4-5; or 3. a lot that successfully completes one of the development processes as outlined in Section 11-4-3(E), below. A "legally created lot" is eligible for the development of a single family dwelling, re-subdivision, or other development action, permit, or use identified in Section 11-3-13 of this Title. The “legally created lot” status of a property gives the land owner or designated representative the right to apply for such entitlement. The density of a “legally created lot” within an existing platted and approved subdivision is determined by the approved subdivision plat. In the event a lot owner of a “legally created lot” applies for a re-subdivision, the density is determined by the underlying zone district in accordance with the development approval process. A “legally created lot” that is part of a homeowners’ association and is governed by CC&R’s is not eligible for re-subdivision without the consent of all owners of record within the subdivision. The density of a legally created lot outside of an approved subdivision plat is determined by the underlying zone district. Any lot that is not created in accordance with the land use ordinances of Eastern Summit County is not entitled to “legally created lot” status. The owner of any lot which has lost its “legally created lot” status may be eligible to restore that status as provided for in Section 11-4-3(E) herein. There are lots within Eastern Summit County that, while their existence may be recorded in the office of the Summit County Recorder, were not created in accordance with the land use ordinances of Eastern Summit County as described herein. Summit County will not process a development application or issue a building permit for such parcels/lots except as provided for in Subsection 11-4-3 herein. ---PAGE BREAK--- 11-4-3 B. Lot Combinations: 1. In the event that two or more “legally created lots” are combined through a plat amendment or lot line adjustment process in accordance with this Title, the newly created lot shall be considered one “legally created lot.” Any future subdivision of the lot would be subject to the underlying zone district with respect to density. 2. In the event that one or more “legally created lots” within an approved subdivision plat are combined through a lot line adjustment process with one or more adjacent “non-legally created lots,” which also are within the same approved subdivision plat, the newly created lot shall be considered one “legally created lot.” Any further subdivision of the lot would be subject to the underlying zone district and the acreage of the combined “legally created lot” may be counted for density purposes. However, if existing density has been utilized for development purposes, it shall be accounted for in the total density of the combined “legally created lot”. C. Standards for Verification: The following factors shall be taken into consideration in determining “legally created lot” status, namely: 1. If a government action creates a public road that bisects a “legally created lot,” the lots on either side of the road are considered to be separate “legally created lots.” If a government action results in the widening of a road within a “legally created lot”, the lot shall maintain its “legally created lot” status. 2. If the Union Pacific Rail Trail which follows the historic rail bed divides a “legally created lot,” then the lots on either side of the Rail Trail are considered to be separate “legally created lots.” 3. If a property owner petitions to have only a portion of a “legally created lot” annexed into a city, the portion of the property remaining under County jurisdiction loses its “legally created lot” status unless the lot is re- subdivided in accordance with this Title prior to or concurrent with the annexation. 4. Government survey lot(s), although shown as individual lots on ownership plat maps, are not considered to be “legally created lots” unless the lot(s) otherwise conform to the definition of a “legally created lot” and there is clear evidence that the government survey lot was owned, conveyed, or patented independent of the quarter section of which they are a part. ---PAGE BREAK--- 11-4-3 5. Section lines do not divide a lot into two or more "legally created lots" unless the lot(s) otherwise conform to the definition of a "legally created lot.” 6. If the description of a "legally created lot" has changed due to an updated survey for the purpose of confirming property boundaries and the description does not create additional, separately described lots, the “legally created lot” status will remain intact. 7. Multiple Assessor Parcel or property tax identification numbers are not conclusive proof of “legally created lot” status. E. Any lot that is not a “legally created lot” and that was not created in accordance with the land use ordinances of Eastern Summit County is eligible for development of a single family dwelling, subdivision, or other development action, permit, or use identified in Section 11-3-13 of this Title, by completing one of the following development processes, as defined and outlined in Chapter 4 of this Title, provided all Code and General Plan criteria can be met. 1. Lot Line Adjustment/Boundary Line Agreement 2. Subdivision (In the case of reconstituting “legally created lots”, the revised description of the lot(s) must match the previous description that complied with the “legally created lot” definition, subject to modifications permitted under the preceding Section D. 3. Plat Amendment, including the expansion of a subdivision to include land outside of a subdivision, regardless of the “legally created lot” or “lot of record” status of the expansion parcel(s). 4. Special Exception as granted by the County Council if the criteria for approval as outlined in Section 11-4-11(B) of this Title can be satisfied. F. Exceptions: 1. Verification of "legally created lot” status is not required for the following building improvements, permits, subdivisions, or structures: a. Agricultural exempt buildings b. Grading permits c. Land Divisions for agricultural purposes d. Building additions, remodels, detached garages, or other accessory ---PAGE BREAK--- 11-4-3 11-4-4 11-4-5 structures less than 2,000 square feet which are associated with an existing residential dwelling. 11-4-4: DIVISIONS OF AGRICULTURAL LANDS: A. The purpose of this section is to exempt lots or parcels that result from the division or partition of agricultural land from the requirements of a subdivision process. Land may be divided without first going through a development, subdivision, or platting process if the land is a bona fide division or partition of agricultural land for agricultural purposes. B. Criteria: A lot or parcel may be legally divided or partitioned for agricultural purposes, or shall be deemed so if already existing, if it meets the following requirements: 1. The parcel or lot qualifies as land in agricultural use under Section 59-2- 502 of Utah Code Annotated; and 2. The land is not used and will not be used for any nonagricultural purpose. C. Review Procedure: The CDD or designated planning staff member shall verify the criteria set forth in this section in order to determine whether an existing or prospective division or partition of agricultural lands for agricultural purposes complies with the requirements of this Section. This decision may be appealed to the County Council within ten (10) calendar days from the date of the decision in accordance with Section 11-7-17 of this Title. D. Exemption from Subdivision Process or Plat Requirements; Recording: Parcels or lots meeting the criteria in subsection B above are exempt from the requirements of the subdivision process or plat requirements, however, the boundaries of each lot or parcel exempted shall be either described in a deed through a metes and bounds description recorded with the County Recorder or graphically illustrated on a record of survey map recorded with the County Recorder. E. If a lot or parcel that is divided or partitioned pursuant to this section is thereafter used for a nonagricultural purpose, the lot or parcel must comply with the requirements of Section 11-4-5. 11-4-5: NON-AGRICULTURAL DEVELOPMENT OF LANDS DIVIDED FOR AGRICULTURAL PURPOSES: Lands divided or partitioned for agricultural purposes are eligible for the development ---PAGE BREAK--- 11-4-5 11-4-6 11-4-7 of a single family dwelling, subdivision, or other development action, permit, or use identified in Section 11-3-13 of this Title, by complying with the subdivision regulations of this Title and provided that all zone district, Code and General Plan criteria can be met. All existing dwelling units of the original agricultural parcel shall be evaluated and accounted for within the overall density of the nonagricultural subdivision. “Lot of record” or “legally created lot” status is not required if the property was originally divided or partitioned for agricultural purposes pursuant to Section 11-4-4, and the boundaries of each lot or parcel are either described in a deed through a metes and bounds description recorded with the County Recorder or graphically illustrated on a record of survey map recorded with the County Recorder, and the total area of the parcel(s) comprising the property is at least five contiguous acres, and the landowner certifies that: 1. The land has been actively devoted to agricultural use producing in excess of 50% of the average agricultural production per acre of similarly situated land for each of the preceding two years; and 2. The land has been devoted to the raising of useful plants and animals with a reasonable expectation of profit. Review Procedure: The CDD or designated planning staff member shall verify the criteria set forth in this section in order to determine whether lands divided or partitioned for agricultural purposes are eligible for non-agricultural development consistent with the requirements of this Section. This decision may be appealed to the County Council within ten (10) calendar days from the date of the decision in accordance with Section 11-7-17 of this Title. 11-4-6: PERMITS REQUIRED: No development or development activity may be undertaken within the unincorporated areas of Eastern Summit County unless all development permits applicable to the proposed development or subdivision of land area are issued in accordance with the provisions of this Title. 11-4-7: GENERAL PROVISIONS: A. Initiation: An application for development approval or a development permit shall be initiated by submitting the appropriate application to the CDD or designated planning staff member. ---PAGE BREAK--- 11-4-7 11-4-8 B. Review and Recommendation of CDD or designated planning staff member: 1. The CDD or designated planning staff member shall review the application for sufficiency. If the CDD or designated planning staff member determines that the application does not contain information sufficient to determine the appropriate approval procedure or compliance with this Title, the CDD or designated planning staff member shall serve a written notice to the applicant specifying the deficiencies of the application. The CDD or designated planning staff member shall take no further action on the application unless the deficiencies are remedied. An application for development approval shall be deemed insufficient if any relevant information is not provided, if the application form is not signed by the property owner, required fees are not paid, or if other information, as may be specified by the CDD or designated planning staff member and which is necessary to adequately review the application, is not supplied in a timely fashion. If adequate information is not submitted within thirty (30) days of CDD or designated planning staff member notification, all application materials will be returned to the applicant. 2. A determination of sufficiency shall not constitute a determination of compliance with the substantive requirements of this Title, nor shall it indicate that the information submitted by the applicant is accurate or has been verified. Additional information may be required at a later date through the approval process. 3. All development approvals shall be conditioned so that no final approval shall be issued on the subject property until all outstanding and current property taxes have been paid. 4. The CDD is the delegated authority to make administrative interpretations of this Title and to provide such guidance as is necessary to applicants for development approval consistent with and in furtherance of Chapter 1. 5. Any person adversely affected by an administrative interpretation of this Title may appeal such interpretation to the Summit County Council, in accordance with the Appeals Procedures set forth in Section 11-7-17 of this Title. 11-4-8: MINOR SUBDIVISION OF PROPERTY REVIEW: A. Purpose: The purpose of this section is to increase opportunities for residents and local workers to live in Eastern Summit County; encourage these opportunities near existing county infrastructure and services; promote a pattern of development that is most likely to be consistent with the underlying ---PAGE BREAK--- 11-4-8 community values; and provide a simple way for property owners to subdivide lawfully created parcels. (Ord. 481, 3-1-2004) B. Applicability: 1. Generally: The minor subdivision of property review process can be utilized to create one additional parcel on a “lot of record” that is not within a previously approved subdivision plat, for a total of two parcels. (Ord. 481, 3-1-2004; amd. 2004 Code) 2. HC Zone: In the Highway Corridor (HC) zone, a lawfully created “lot of record” that is not within a previously approved subdivision plat that is two acres in size or larger will be considered for one additional lot under the minor subdivision of property review process. 3. AP Zone: In the Agricultural Preservation (AP) zone, a lawfully created lot of record that is not within a previously approved subdivision plat and is ten (10) acres or larger will be considered for one additional lot under the minor subdivision of property review process. 4. AG-100 and AG-160 Zones: In the AG-100 and AG-160 zones, a minor subdivision process may be followed to create one additional parcel if there is adequate acreage for each resulting parcel to meet the minimum zone requirements. 5. Exemption: One new parcel, a minimum of one acre in size and located at least 1,000 feet away from another parcel created under this exemption, may be split from 100 contiguous acres of agricultural land, including such parcels that may be bisected by a public or private roadway, without complying with the subdivision plat requirements. The 100 acre parcel is not required to be a lot of record, according to the definition provided in Appendix A of this Title, in order to qualify for this exemption. However, if the 100 acre parcel is a lot of record, it shall retain its lot of record status after the creation of the new parcel. However, prior to the issuance of a building permit for such a parcel, the following shall be provided: a. A site plan showing the location of the proposed building(s) in relation to parcel boundaries prepared by a surveyor licensed in Utah, to ensure that the building(s) meets the setback requirements identified in this Title. b. Evidence of legal access to the property that complies with the requirements in this Title. c. A memorandum of decision from the State Engineers Office that ---PAGE BREAK--- 11-4-8 ensures adequate water is available for a private well or a written commitment from a municipality or private water service company. d. Evidence that an adequate wastewater system has been approved by the Summit County Health Department. C. Criteria for Approval: Before an application for minor subdivision of property can be approved, it must conform to all of the following criteria: 1. All new lots created shall be clustered to the maximum extent possible. 2. Access to all lots shall be consolidated to the greatest extent practicable and reasonable. 3. Each lot shall have legal access through a recorded right-of-way or easement. Access to the property from a public road must be granted by the state or county, whichever is appropriate. 4. The project must comply with the development evaluation standards provided in Chapter 2 of this Title. 5. The project must comply with the infrastructure standards in Chapter 6 of this Title. 6. The minimum parcel size for new parcels created through this process will be one acre. 7. In general, lots and building sites should be placed within five hundred feet (500') of the road unless the density can be clustered off the roadway in such a way as to preserve and not negatively impact the agricultural use of the property. (Ord. 481, 3-1-2004) 8. All contiguous property under one ownership shall be planned in a unified and comprehensive fashion and shall be included in an application for subdivision consideration and approval. D. Submission Requirements: An application for minor subdivision of property approval shall not be accepted as complete unless such application contains the information set forth herein; provided, however, that the CDD or designated planning staff member may request, and the applicant shall submit, such additional information as may be needed to ascertain whether such application conforms to the requirements of the this Title. The CDD or designated planning staff member may also determine that due to the nature of the parcel and of the subdivision proposed, some of the submission requirements can be waived in an effort to simplify to application process. (Ord. 481, 3-1-2004; amd. 2004 Code) 1. Sketch Plan: Prior to submitting a formal application for development ---PAGE BREAK--- 11-4-8 review, an applicant shall submit a sketch plan, which shall be prepared in pen or pencil, and shall be drawn to a convenient scale of not more than one hundred feet to an inch =100') and shall show the following information: a. The creation date of the parcel(s) to be subdivided in accordance with the definition of a "lot of record", as defined in Appendix A of this Title. b. The name of the subdivision. This name shall not duplicate the name of any plat previously recorded. c. Name and address, including telephone number, of legal owner, and citation of last instrument conveying title to each parcel of property involved in the proposed subdivision, giving grantor, grantee, date, and land records reference. d. Legal description and location of property, including citation of any existing legal rights-of-way, irrigation ditches, or easements affecting the property; and existing covenants on the property, if any. e. The approximate location, dimensions, and areas of all proposed or existing lots, existing easements, burial grounds, railroad rights of way, watercourses, and names of all existing streets or other public roads adjacent to the proposed lots. f. A delineation of environmentally sensitive areas including, but not limited to, wetlands, and slopes exceeding thirty percent ridgelines and floodplains. g. Identification of the means for providing water supply, power, sanitary sewage systems, collection and discharge of surface water drainage, and fire protection. h. All areas within and adjacent to the project, including areas separated by a street, highway, road, right of way, railroad line, or stream or watercourse, under common ownership, shall be identified in the sketch plan. 2. Final Plat: An application for final plat approval shall be submitted with a completed Final Subdivision Plat Application form. The application shall also include the following: a. Preliminary title report covering all property located within the subdivision. The report shall be prepared or be updated to within thirty (30) days of the date of recording the subdivision plat. ---PAGE BREAK--- 11-4-8 b. Approval of the power company on its ability to provide service. c. An endorsement from the County Health Department that on site and off site impacts of septic system development can be mitigated and its recommended mitigation measures. d. Approval of the local fire protection district and its recommended mitigation measures. e. Approval of the County Department of Public Works or the Utah Department of Transportation for curb cuts and other roadway improvement requirements necessitated by the proposed development. f. Approval of the County Sheriff's Department. g. A detailed final plat that incorporates the following. The final plat shall be prepared by a licensed land surveyor on reproducible Mylar at scale not more than one inch equals one hundred feet 100'). The size shall be twenty four inches by thirty six inches (24" x 36"). The locations, dimensions, and areas of all proposed lots. Indication of the use of each lot (single-family, open space, agriculture, etc.). The date of the plat, approximate true north point, scale, title of the subdivision, and the name of the land surveyor. The location and dimensions of all boundary lines of the property (expressed in feet and decimals of a foot), water bodies, streams, drainage ditches, existing streets, easements, alleys, and other public ways; and building envelopes, if necessary. All monuments erected, corners, and other points established in the field in their proper places. The material of which the monuments, corners, or other points are made shall be noted at the representation thereof or by legend; except, that lot corners need not be shown. The legend for metal monuments shall indicate the kind of metal and the diameter, length, and weight per lineal foot of the monuments. Lots shall be consecutively numbered or lettered in alphabetical order with addresses, approved by the county, for each lot. ---PAGE BREAK--- 11-4-8 A notation and explanation of drainage easements, site easements, and reservations, if any; and endorsement of the owner. Notation of any self-imposed and other restrictions or requirements of service providers and the CDD or designated planning staff member. Signature blocks for the County Health Department, County Recorder, CDD and County Engineer. (10) Endorsement on the plat by every person having a security interest in the subdivision property that he is subordinating his liens to all covenants, servitude and easements imposed on the property, and all conditions of subdivision approval imposed by the county. (11) A statement certifying that all lots within the proposed subdivision are buildable, and that any further subdivision of such lots, whether by deed, bequest, divorce decree, or other recorded instrument shall not result in a buildable lot until the same has been approved in accordance with this Title. (12) A note on the plat stating that "all lots within this subdivision must meet all building permit requirements at the time of building permit issuance". (13) A note on the plat stating that "no additional minor subdivision of the property will be allowed" and that "any further subdivision must comply with the major development review process". (14) A note on the plat stating: The owners of property within Eastern Summit County recognize the importance of agricultural lands and operations and small rural business enterprises. It is recognized that agricultural lands and operations and rural business enterprises have unique operating characteristics that must be respected. (Owners of each lot platted in this subdivision/the owner of the residence constructed upon this lot) have/has been given notice and recognizes that there are active agriculture lands and operations and rural business enterprises within Eastern ---PAGE BREAK--- 11-4-8 Summit County and acknowledge(s) and accept(s) that, so long as such lands and operations exist, there may be dust, noise, odor, prolonged work hours, use of roadways for the purposes of herding/moving animals, and other attributes associated with normal agricultural operations and rural businesses. (15) A note on the plat stating: Water has not been approved for this site. It shall be the responsibility of each lot owner to demonstrate that water of adequate quantity is available for each lot prior to the issuance of a building permit. This shall be accomplished with a memorandum of decision from the state engineer for a private well or a written commitment from a municipality or private company. (16) A note on the plat stating: Septic or sewerage has not been approved for this site. The property owner shall demonstrate that the property can adequately support a septic system per state/county requirements or has access to an operational, approved sewer system prior to the issuance of a building permit though an approval letter from the County Health Department. E. Review Procedure: 1. Sketch Plan: a. Applications for a minor subdivision will be processed as quickly as possible once adequate information is submitted. b. The CDD or designated planning staff member shall review the sketch plan and identify relevant issues for the applicant to address with the final plat application and any deficiencies of information in the application. The sketch plan shall not constitute an application for development approval. 2. Final Plat: a. The applicant shall submit an application containing all of the information required in Subsection 02 of this Section. The CDD or ---PAGE BREAK--- 11-4-8 11-4-9 designated planning staff member shall secure input regarding the proposed development from all affected agencies and service providers. Upon receiving such information, the CDD or designated planning staff member shall prepare a report identifying issues and concerns related to the proposal. b. After completion of the report identifying issues and concerns related to the project for the Planning Commission, the CDD or designated planning staff member shall schedule a public hearing before the Planning Commission as soon as practicable. c. After hearing public comment, reviewing the project, comments from service providers, and the recommendation from the CDD or designated planning staff member, the Planning Commission shall make a recommendation to the CDD for approval, approval with conditions, or denial of the application. d. Once the CDD approves the final plat and all applicable signatures are obtained, the County Attorney will review the preliminary Title Report for acceptability. e. Upon approval of the County Attorney and once all required signatures are obtained, the detailed final plat shall be recorded in the records of the County Recorder. (Ord. 481, 3-1-2004) 11-4-9: CLUSTER BONUS/AGRICULTURAL PRESERVATION SUBDIVISION REVIEW: A. The purpose of this section is to give property owners an option for development that will reduce county infrastructure and service costs, minimize the visual impact of development to the community, reduce access points on county roads, and preserve agriculture lands and open space. In exchange, a property owner can receive an increase in the number of lots otherwise allowed. The density bonus is intended as an incentive to a property owner in exchange for the above public benefits. This option is intended to promote a pattern of development that is most likely to be consistent with the underlying community values and to encourage the preservation of agricultural lands. B. Applicability: The Cluster Bonus/Agricultural Preservation Subdivision review process can be utilized to create up to two times the number of lots that would be otherwise be allowed based upon the base density of the parcel if at least eighty percent (80%) of the entire parcel under consideration is designated as protected for agricultural use, or three times the number of lots that would otherwise be allowed based upon the density of the parcel if at least ninety percent (90%) of the entire parcel under consideration is designated as protected for agricultural use. Only density derived from the AP zone will be allowed to qualify for the bonus provisions of this section. If a parcel contains property in the HC zone, the density derived from that area will not qualify for the bonus but can ---PAGE BREAK--- 11-4-9 be added to the subdivision. The specific number is directly related to specific parcel/lot size. To qualify for a Cluster Bonus/Agricultural Preservation Subdivision, the parcel shall have been a lawfully created lot of record that is not within an existing platted subdivision. Once a lot has been created by this process, it is then no longer eligible for further subdivision. C. Criteria for Approval: Before an application for a cluster bonus/agricultural preservation incentive subdivision is approved, it shall conform to the following criteria: 1. Only property in the AP zone will be eligible for the bonus provisions of this section, but the density should be placed in the most appropriate location based on a site specific agricultural plan, regardless of the zoning designation. 2. The parcel of land identified in the application is actively used for agriculture purposes, as defined in this Title. 3. All new lots created shall be clustered to the greatest extent possible and practical and shall be placed in locations that are most suitable to allow and enhance the continued agricultural use of the property. 4. At a minimum, there shall be a note placed on the plat and a deed restriction applied to each parcel involved in the subdivision regarding the area to be preserved for agricultural purposes, which shall include the following language: This agricultural parcel was subdivided and developed as a cluster bonus/agricultural preservation subdivision. An increase in density for the development of residential lots numbered to was allowed in exchange for the preservation of the active and productive agricultural lands shown on the plat. The preserved area shall continue to be used solely for agricultural and open space purposes. Additional development shall not be permitted, except for uses customarily associated with the agricultural use of the property. The preferable method of preserving land for agricultural use is to place a conservation easement on the property. The agricultural preservation area may be shown as one large agricultural parcel, or may be split into the subdivision lots so long as there are adequate restrictions on the agricultural preservation area for it to continue to function as a contiguous agricultural use. 5. Access to all new lots shall be consolidated to the greatest extent practicable and reasonable. 6. Each lot shall have legal access through a recorded right of way or easement. Access to the property from a public road must be granted by ---PAGE BREAK--- 11-4-9 the state or county, whichever is appropriate. 7. Adequate water shall remain on site to serve the culinary needs of the proposed homes and the irrigation needs of the agricultural use of the parcel. 8. The project must comply with the Development Evaluation Standards provided in Chapter 2 of this Title. 9. The project must comply with the Infrastructure Standards provided in Chapter 6 of this Title. 10. The minimum lot size will be three-fourths (3/4) acre unless smaller lots are deemed more appropriate to preserve the agricultural uses on the property and are approved by the Health Department. (Ord. 481, 3-1- 2004) D. Submission Requirements: An application for the Cluster Bonus/Agricultural Preservation Subdivision of property approval shall not be accepted as complete unless such application contains the information set forth herein; provided, however, that the CDD or designated planning staff member may request, and the applicant shall submit, such additional information as may be needed to ascertain whether such application conforms to the requirements of this Title. The CDD or designated planning staff member may also determine that due to the nature of the parcel and of the subdivision proposed, some of the submission requirements can be waived in an effort to simplify the application process. (Ord. 481, 3-12004; amd. 2004 Code 1. Sketch Plan: Prior to submitting a formal application for development review, an applicant shall submit a sketch plan, which shall be prepared in pen or pencil, and shall be drawn to a convenient scale of not more than one hundred feet to an inch = 100'), and shall show the following information: a. The creation date of the parcel(s) to be subdivided in accordance with the definition of a "lot of record", as defined in Appendix A of this Title. b. The name of the subdivision. This name shall not duplicate the name of any plat previously recorded. c. Name and address, including telephone number, of the legal owner, and citation of last instrument conveying title to each parcel of property involved in the proposed subdivision, giving grantor, grantee, date, and land records reference. ---PAGE BREAK--- 11-4-9 d. Legal description and location of property, including citation of any existing legal rights of way, irrigation ditches, or easements affecting the property; and existing covenants on the property, if any. e. The approximate location, dimensions, and areas of all proposed or existing lots, existing easements, burial grounds, railroad rights-of-way, watercourses, and names of all existing streets or other public roads adjacent to the proposed lots. f. A delineation of environmentally sensitive areas including, but not limited to, wetlands, and slopes exceeding thirty percent and ridgelines. g. Identification of the means for providing water supply, power, sanitary sewage systems, collection and discharge of surface water drainage, and fire protection, including an analysis of the feasibility of connecting to a centralized sewer disposal or water systems if requested. h. All areas within and adjacent to the project, including areas separated by a street, highway, road, right-of-way, railroad line, or stream or watercourse, under common ownership, shall be identified in the sketch plan. i. A site specific agricultural plan shall be required to be submitted at the time of sketch plan. The purpose of this study will be to identify the significant features and characteristics that make the property viable for agricultural use. Development should be planned in such a way as to preserve or enhance the agricultural use of the property. (Ord. 481, 3-1-2004) j. All contiguous property under one ownership shall be planned in a unified and comprehensive fashion and shall be included in an application for subdivision consideration and approval. (Ord. 481, 3-1-2004; amd. 2004 Code) 2. Final Plat: An application for final plat approval shall be submitted with a competed final subdivision plat application form. The application shall also include the following: a. Preliminary title report covering all property located within the subdivision. The report shall be prepared or be updated to within thirty (30) days of the date of recording the subdivision plat. ---PAGE BREAK--- 11-4-9 b. Approval of the power company on its ability to provide service. c. An endorsement from the County Health Department that on site and off site impacts of septic system development can be mitigated and its recommended mitigation measures. d. Approval of the local fire protection district and its recommended mitigation measures. e. Approval of the County Department of Public Works or the Utah Department of Transportation for curb cuts and other roadway improvement requirements necessitated by the proposed development. f. Approval of the County Sheriff's Department. g. A detailed final plat that incorporates the following. The final pIat shall be prepared by a licensed land surveyor on reproducible Mylar at scale not more than one inch equals one hundred feet (1”=100’). The size shall be twenty four inches by thirty six inches (24” x 36”). The locations, dimensions, and areas of all proposed lots. Indication of the use of each lot (single-family, open space, agricultural, etc. The date of the plat, approximate true north point, scale, title of the subdivision, and the name of the land surveyor. The location and dimensions of all boundary lines of the property (expressed in feet and decimals of a foot), water bodies, streams, drainage ditches, existing streets, easements, alleys, and other public ways; and building envelopes, if necessary. All monuments erected, corners, and other points established in the field in their proper places. The material of which the monuments, corners, or other points are made shall be noted at the representation thereof or by legend; except, that lot corners need not be shown. The legend for metal monuments shall indicate the kind of metal and the diameter, length, and weight per lineal foot of the monuments. Lots shall be consecutively numbered or lettered in ---PAGE BREAK--- 11-4-9 alphabetical order with addresses, approved by the county, for each lot. A notation and explanation of drainage easements, site easements, and reservations, if any; and endorsement of the owner. Notation of any self-imposed and other restrictions or requirements of service providers and the Community Development Director. Signature blocks for the County Health Department, County Recorder, Planning Commission, CDD, and County Engineer. (10) Endorsement on the plat by every person having a security interest in the subdivision property that he is subordinating his liens to all covenants, servitude and easements imposed on the property, and all conditions of subdivision approval imposed by the county. (11) A statement certifying that all lots within the proposed subdivision are buildable, and that any further subdivision of such lots, whether by deed, bequest, divorce decree, or other recorded instrument shall not result in a buildable lot. (12) A note on the plat stating: All lots within this subdivision must meet aIl building permit requirements at the time of building permit issuance. (13) A note on the plat stating that no minor subdivision of the property will be allowed and that any further subdivision must comply with the major development review process. (14) A note on the plat stating: The owners of property within Eastern Summit County recognize the importance of agricultural lands and operations and small rural business enterprises. It is recognized that agricultural lands and operations and rural business enterprises have unique operating characteristics that must be respected. (Owners of each lot platted in this subdivision/the owner of the residence constructed upon this lot) have/has been given notice and recognizes that there are active agricultural lands and operations and rural ---PAGE BREAK--- 11-4-9 business enterprises within Eastern Summit County and acknowledge(s) and accept(s) that, so long as such lands and operations exist, there may be dust, noise, odor, prolonged work hours, use of roadways for the purposes of herding/moving animals, and other attributes associated with normal agricultural operations and rural businesses. (15) A note on the plat stating: Water has not been approved for this site. It shall be the responsibility of each lot owner to demonstrate that water of adequate quantity is available for each lot prior to the issuance of a building permit. This shall be accomplished with a memorandum of decision from the state engineer for a private well or a written commitment from a municipality or private service company. (16) A note on the plat stating: Septic or sewerage has not been approved for this site. The property owner shall demonstrate that the property can adequately support a septic system per state/county requirements or has access to an operational, approved sewer system prior to the issuance of a building permit though an approval letter from the County Health Department. E. Review Procedure: 1. Sketch Plan: The CDD or designated planning staff member shall review the sketch plan and identify relevant issues for the applicant to address with the final plat application and any deficiencies of information in the application. The sketch plan shall not constitute an application for development approval. 2. Final Plat: a. The applicant shall submit an application containing all of the information required in Subsection 02 of this Section. The CDD or designated planning staff member shall secure input regarding the proposed development from all affected agencies and service providers. Upon receiving such information, the CDD or designated planning staff member shall prepare a report identifying issues and concerns related to the proposal. b. After completion of the report identifying issues and concerns related to the project for the Planning Commission, the CDD or designated planning staff member shall schedule a public hearing before the Planning Commission as soon as practicable. ---PAGE BREAK--- 11-4-9 11-4-10 c. After hearing public comment, reviewing the project, comments from service providers, and the recommendation from the CDD or designated planning staff member, the Planning Commission shall make a recommendation to the CDD for approval, approval with conditions, or denial of the application. d. Once the CDD approves the final plat and all applicable signatures are obtained, the County Attorney will review the preliminary Title Report for acceptability. e. Upon approval of the County Attorney and once all required signatures are obtained, the detailed final plat shall be recorded in the records of the County Recorder. (Ord. 481, 3-1-2004) 11-4-10: MAJOR DEVELOPMENT REVIEW PROCESS: A. Purpose: The major development review process shall serve as a procedure to ensure that all significant development, due to its size, type, and/or location, protects actively farmed and ranched lands, natural resources, and open space; is appropriately clustered; consolidates access; and incorporates appropriate infrastructure and design standards based on location and proximity to existing county and municipal infrastructure and service areas. It is an integrated site layout and subdivision process and is, therefore, applicable to residential, commercial, and industrial development. B. Applicability: The major development review process shall be used to review all development, regardless of the zone district within which it is proposed, that is not eligible for consideration under the minor subdivision of lands or Cluster Bonus/Agricultural Preservation subdivision provisions of this Title. All specially planned areas shall be reviewed in accordance with this procedure. C. Criteria for Approval: Before an application being considered under the terms of this section can be approved, including a Specially Planned Area plan, the application shall conform to the following criteria: 1. All aspects of the specific proposal shall be in compliance with and further the goals and objectives of the General Plan. 2. All aspects of the specific proposal shall be in compliance with the Development Evaluation Standards provided in Chapter 2 of this Title. 3. The project, unless specifically involving a Specially Planned Area, shall comply with all zoning requirements described in Chapter 3 of this Title. 4. The project shall comply with the Infrastructure Standards in Chapter 6 of ---PAGE BREAK--- 11-4-10 this Title. 5. All new lots created shall be clustered to the greatest extent possible and practicable, or in a manner compatible with the objectives of the General Plan. 6. The proposal shall ensure orderly growth within Eastern Summit County. 7. The proposal shall protect life and property from natural or manmade hazards. 8. The proposal shall prevent harm to neighboring properties and lands, including nuisances. 9. Development that will adversely affect the rural, small town character of Eastern Summit County in a significant manner is not appropriate and shall not be approved. 10. The proposal shall not adversely affect the overall safety, health, and general welfare of the public. D. Submission Requirements: An application for major development approval shall not be accepted as complete unless such application contains the information set forth herein. The CDD or designated planning staff member may request and the applicant shall submit such additional information as may be needed to ascertain whether such application conforms to the requirements of this title. The CDD or designated planning staff member has the discretion to waive application requirements due to hardship, exceptional circumstances, or non-applicability on a case by case basis. 1. Sketch Plan: Prior to submitting a formal application for development review, an applicant shall submit a sketch plan, which shall contain enough information in graphic and text form to adequately describe the applicant's intentions with regard to the proposed development. Sketch plans shall be prepared in pen or pencil and shall be drawn to a convenient scale of not more than one hundred feet to an inch = 1 00'), unless otherwise approved by the county. The sketch plan shall include the following: a. The creation date of the parcel(s) to be subdivided in accordance with the definition of a "lot of record", as defined in Appendix A of this Title. b. The name of the subdivision. This name shall not duplicate the name of any plat previously recorded. c. Name and address, including telephone number, of legal owner, and citation of last instrument conveying title to each parcel of ---PAGE BREAK--- 11-4-10 property involved in the proposed subdivision, giving grantor, grantee, date, and land records reference. d. Legal description and location of property, including citation of any existing legal rights-of-way, irrigation ditches, or easements affecting the property; and existing covenants on the property, if any. e. The approximate location, dimensions, and areas of all proposed or existing lots/structures, existing easements, burial grounds, railroad rights-of-way, watercourses, and names of existing streets or other public roads adjacent to the proposed lots. f. A delineation of environmentally sensitive areas identified in Chapter 2 of this Title, including, but not limited to, wetlands, slopes exceeding thirty percent and ridgelines. g. Identification of the means for providing water supply, power, sanitary sewage systems, collection and discharge of surface water drainage, and fire protection. h. All areas within and adjacent to the project, including areas separated by a street, highway, road, right-of-way, railroad line, or stream or watercourse, under common ownership, shall be identified in the sketch plan. i. If the application is for a Specially Planned Area plan review, the sketch plan also shall include a statement describing how the proposed development will further the goals and objectives of the General Plan and sufficient information to demonstrate the general design philosophy proposed for the project. 2. Preliminary Plan: A completed preliminary plan application form shall be submitted. In addition to the requirements in Subsection 01 of this Section, an application for preliminary plan also shall include the following information: A graphic layout (drawn to scale not smaller than 1 inch equals 100 feet, unless otherwise approved by the county) showing the following: a. A title block stating the name of the proposed development; the type of development; the name, address, and phone number of the legal owner of property, and the professional person(s) responsible for the design and survey; and a graphic and written scale and date of preparation. b. Location of true north and a vicinity map with township, range, and section lines, including sufficient detail to show the ---PAGE BREAK--- 11-4-10 location of the proposed development. c. Surveyed boundaries of the development and total acreage, with the names of all adjacent property owners shown. d. Topographic contour intervals no greater than five feet for the specific portion of the property to be developed or altered in any fashion, unless otherwise stipulated by the CDD or designated planning staff member. e. A slope analysis showing grades ranging from zero percent to eight percent eight percent to fifteen percent 15%), fifteen percent to thirty percent (15%-30%), and over thirty percent f. Any past, existing, or proposed geologic or natural hazards in the area, i.e., mud slides, flooding, high water table, erosion, slipping, forest fires, etc. g. The location of wetlands, streams and flood drainage channels, with all 100-year floodplains delineated. h. The location of existing structures, public utility easements, railroads, power lines, culverts, drain pipes, ridgelines, water and sewer lines, wells and springs on or near the property. i. When it is contemplated that services will be provided by special districts or companies, letters of intent to provide service from such entities shall accompany the application. j. The location of any active and productive agricultural land and operations and irrigation ditches and systems that affect the agricultural lands, as identified by the Agriculture Protection Advisory Board. k. Existing vegetation. I. The location of and impact on any critical wildlife habitat, including birthing areas, critical winter range, and migration corridors. m. The proposed development layout, including lots, parcels, buildings, setback lines, roads, utilities, fire hydrants and water storage systems where applicable, and open space, and architectural and landscape concepts when applicable. n. The proposed grading and drainage plan and landscape and ---PAGE BREAK--- 11-4-10 maintenance plan. o. The location and designation of public and private roads. p. A written statement describing the consequences the proposed development will have on population, the economic structure of the community, traffic, government services, surrounding property, and the tax structure. 3. Final Plan: In addition to the requirements of Subsections 01 and 02 of this Section, an application for final plan shall conform to the following: a. The final plan shall be prepared by a licensed land surveyor on a reproducible Mylar that is twenty four inches by thirty six inches (24" x 36") in size and at a convenient scale of not more than one inch equals one hundred feet = 100'), unless otherwise approved by the CDD or designated planning staff member. b. The locations, dimensions, and areas of all proposed lots/development. c. Indication of the use of any lot (single-family, open space, agricultural). d. The date of the plan, approximate true north point, scale, and title of the subdivision/development, and the name of the land surveyor. e. The general location and dimensions of all boundary lines of the property (expressed in feet and decimals of a foot); water bodies, streams, and other pertinent features such as swamps, railroads, buildings, parks, cemeteries, drainage ditches, and bridges; existing streets and easements, alleys, and other public ways; and building envelopes, if necessary, and setback lines. f. A preliminary title report covering all property located within the subdivision/development. The report shall be prepared or be updated to within thirty (30) days of the date of recording of the subdivision plat or development plan. g. Lots shall be consecutively numbered or lettered in alphabetical order with addresses, approved by the county, for each lot. h. A notation and explanation of drainage easements, site easements, and reservations, if any; and endorsement of the owner. ---PAGE BREAK--- 11-4-10 i. Notation of any self-imposed restrictions, and locations of any building lines proposed to be established in this manner, if required by the CDD or designated planning staff member in accordance with this Title. j. Signature blocks for the County Recorder, Planning Commission, County Manager, County Health Department, County Engineer, County Attorney, County Sheriff, fire district, and power company. k. Endorsement on the plan by every person having a security interest in the property that he is subordinating his liens to all covenants, servitude and easements imposed on the property and all conditions of development approval imposed by the county. I. All monuments erected, corners, and other points established in the field in their proper places. The material of which the monuments, corners, or other points are made shall be noted at the representation thereof or by legend; except, that lot corners need not be shown. The legend for metal monuments shall indicate the kind of metal and the diameter, length, and weight per lineal foot of the monuments. m. A note on the plan stating: Further subdivision of such lots, whether by deed, bequest, divorce decree, or other recorded instrument, shall not result in a buildable lot until the same has been approved in accordance with the Eastern Summit County Development Code. n. A note on the plan stating: All lots/structures within this development must meet aIl building permit requirements at the time of building permit issuance. o. All other applicable plan notes necessary to meet the requirements of this Title. E. Review Procedure Not Involving a Specially Planned Area: 1. Sketch Plan: The CDD or designated planning staff member shall review the sketch plan and identify relevant issues for the applicant to address and any deficiencies of information that will be required in a formal development application. A sketch plan does not constitute an application for development approval. 2. Preliminary Plan: The applicant shall submit a complete application. The CDD or designated planning staff member shall review the application and make findings and recommendations. The Planning Commission shall review the application and the staff report and make a recommendation to the County Manager for approval, approval with ---PAGE BREAK--- 11-4-10 conditions, or denial after a public hearing. The County Manager shall review the application, staff report, and Planning Commission findings and recommendations and thereafter approve, approve with conditions, or deny the proposal. 3. Final Plan: The applicant shall submit an application for final plan approval, identifying how any conditions of preliminary approval will be addressed. The CDD or designated planning staff member shall review the application and prepare a report. The County Manager shall review the application and staff report and approve, approve with conditions, or deny the proposal. 4. Remand to Planning Commission: If the County Manager determines that significant changes have been made to the application between preliminary and final plan review, the County Manager may remand the application to the Planning Commission for additional review and comment. 5. Decision: Once the County Manager approves the final plat and all applicable signatures are obtained, the County Attorney will review the preliminary Title Report for acceptability. 6. Upon approval of the County Attorney and once all required signatures are obtained, the detailed final plat shall be recorded in the records of the County Recorder. (Ord. 481, 3-1-2004) 7. Effect of Approval: Upon approval, it shall constitute a vested right in the specific terms and proposals for a period of one year from the date of the approval, or longer when specifically authorized by the County Manager. F. Review Procedure Involving a Specially Planned Area (SPA): 1. Pre-application Sketch Plan: The CDD or designated planning staff member shall review the pre-application sketch plan and identify relevant issues and deficiencies of information for the applicant to address when submitting his or her application. 2. SPA Application: The applicant shall submit a complete application for a change in zoning. The CDD or designated planning staff member shall review the application and make findings and recommendations. The Planning Commission shall review the application and the staff report and make a recommendation to the County Council for approval, approval with conditions, or denial after a public hearing. The County Council shall review the application, staff report, and Planning Commission findings and recommendations. After conducting a public hearing, the County Council shall approve, approve with conditions, or deny the request for the creation of an SPA zone district. The County Council’s approval shall be in the form of an ordinance. ---PAGE BREAK--- 11-4-10 3. Implementation of SPA: The applicant shall submit a complete application for a development agreement identifying how the SPA will be implemented. The CDD or designated planning staff member shall review the application for the development agreement and prepare a report. The Planning Commission shall review the application and staff report and make a recommendation to the County Council. After conducting a public hearing, the County Council shall approve, approve with conditions, or deny the development agreement. The County Council approval shall be in the form of an ordinance. The ordinance shall include the development agreement between the developer and the county, including text, maps, and all terms and conditions associated with the development of the property within the specially planned area. 4. Recordation: Upon approval of the County Attorney and once all required signatures are obtained; the development agreement shall be recorded in the records of the County Recorder. G. Modifications: 1. Major Development Modification: A modification of a previously approved major development plan may be approved by the Planning Commission. Upon receiving a request for a modification, the CDD or designated planning staff member shall schedule the matter at a regular meeting as soon thereafter as may be practicable. The Planning Commission may hold a public hearing if it determines that the request is substantially inconsistent with the original approval. After the hearing, the Planning Commission may approve, approve with conditions, or deny the modification. The Planning Commission may approve the request, without a public hearing, if it determines that the modification will not render the project substantially inconsistent with the original approval. 2. Specially Planned Area Plan Modification: a. Upon receiving a request for a modification to a specially planned area plan, the CDD or designated planning staff member shall schedule the matter at a regular meeting of the Planning Commission as soon thereafter as may be practicable. The Planning Commission shall hold a public hearing and review the recommendations of the CDD or designated planning staff member. The Planning Commission shall review the proposed modification and make a recommendation for approval, approval with conditions, or denial to the County Council. b. The County Council shall hold a public hearing on the proposed modification. After receiving public input, and reviewing the recommendation of the Planning Commission and CDD or designated planning staff member, the County Council shall ---PAGE BREAK--- 11-4-10 11-4-11 approve, approve with conditions, or deny the modification. Approval shall be in the form of an ordinance amending the original approved ordinance. c. Before approving the modification, both the Planning Commission and the County Council must find: That circumstances relevant to the request have changed since, or were unknown at the time, the original Specially Planned Area plan was approved; The modification is generally consistent with the efficient development and preservation of the entire Specially Planned Area plan and does not affect in a substantially adverse manner either the enjoyment of land abutting upon or in the general vicinity of the property in question, and that the public health, safety, and general welfare are not adversely impaired by the modification. (Ord. 481, 3-1- 2004) 11-4-11: FINAL SITE PLAN REVIEW: A. Information Required: A detailed final site plan is required as determined by the CDD or designated planning staff member where a final subdivision plat is not required. Site plans, in addition to the requirements of Subsection B of this Section, shall contain the following information: 1. A vicinity map at a scale of not less than one inch equals one thousand feet = 1,000'). 2. A legal description and accompanying map exhibit of the exterior boundaries of the development area giving and bearings of the boundary lines at the scale of one inch equals one hundred feet = 100'), showing the location and type of boundary evidenced. Such information should be provided from the recorded plats. The legal description shall include the following data: a. Metes and bounds of all property lines; Total area of property; North scale and north arrow; and b. Name and route numbers of boundary roads and the width of existing rights-of-way. ---PAGE BREAK--- 11-4-11 3. Existing topography with maximum contour intervals of two feet except where existing ground is on a slope of less than two percent then either one foot contour intervals or spot elevation shall be provided where necessary. 4. A final detailed land use plan at a scale of one inch equals one hundred feet = 100') showing: a. The location and arrangement of all proposed uses, including building area. b. The height and number of floors of all buildings, other than single-family dwellings, both above and below or partially below the finished grade. c. A cross section elevation plan depicting all buildings, structures, monuments, and other significant natural and manmade features of the proposed development. d. The yard dimensions from the development boundaries and adjacent roads and alleys. e. The traffic and the pedestrian circulation system, including the location and width of all roads, driveways, entrances to parking areas and parking structures, trails, walkways and bicycle paths. f. Off road parking and loading areas and structures, and landscaping for parking areas. g. Greenbelt and other active recreation space areas, together with proposed private recreational areas, specifying the proposed improvement of all such areas, and delineating those areas proposed for specific types of recreational facilities. h. Architectural features of typical proposed structures, including lighting fixtures, signs and landscaping. i. A plan or statement showing the location and design of all screening measures and indicating the type and height of such screening. j. When the development is to be constructed in stages or units, a final sequence of development schedule showing the order of construction of such stages or units, and approximate completion date for the construction of each stage or unit. ---PAGE BREAK--- 11-4-11 k. A copy of all covenants, restrictions and conditions pertaining to the use, maintenance and operation of private open space areas. l. All existing monuments found during the course of the survey (including a physical description such as "brass cap"). m. All existing easements or rights-of-way, including those contiguous to the platted area, their nature, width, and the book and page number of their recording in the County records. n. All rights-of-way and easements and trails (including open space) created by the subdivision with their boundary, bearings, widths, name, number or purpose. For curved boundaries, the curve radius, central angle and length of arc shall be given. o. A final statement in tabular form which sets forth the following data, when such data is applicable to a given development plan: The area of all parcels created, total acreage, total acreage in lots, and total acreage in roads or other dedicated parcels; Total number of dwelling units, by development phase; Residential density and units per acre; Total floor area and floor area ratio for each type of use; Total area in open space and length of trails; Total area in developed recreational open space; and Total number of off road parking and loading spaces. B. Site Plan Contents: In addition to the requirements of Subsection A of this Section, the final site plan shall conform to current surveying practice and shall show the following information: 1. A title block giving the subdivision's name and the quarter-quarter section, section, township, range, principal meridian, and county of its location. 2. A notation of any adjoining plats or certificates of survey and titles thereto. 3. All monuments set during the course of the survey (including a physical description such as "rebar driven to depth including appropriate witness monuments. ---PAGE BREAK--- 11-4-11 4. The owner's certificate of consent, including a legal description of the subdivision's boundaries and the dedication of public ways or spaces. This certificate shall be signed, dated and notarized. 5. The owner's certificate should include a reference to any covenants that may be declared and blanks where the County Recorder may enter the book and page number of their recording. 6. A certificate of consent from any and all mortgagors, lien holders, or others with a real property interest in the subdivision. These certificates shall be signed, dated and notarized. 7. A certificate showing the name and registration number of the surveyor responsible for making the survey. This certificate shall be signed and dated. 8. Signature blocks prepared for the dated signatures of the Chairpersons of the Planning Commission, County Manager, County Recorder, County Engineer, County Attorney, Rocky Mountain Power, Questar Gas (when applicable) and applicable Fire District. A signature block shall also be provided for the County Assessor indicating that all taxes, interest and penalties owing to the land have been paid. C. Site Plan Materials, Size, Copies: Plans may be prepared on linen or on a stable base polyester film (Mylar). Plans may be either eighteen inches by twenty four inches (18” x 24”), or twenty four inches by thirty six inches (24” x 36”). Three paper copies shall be submitted along with the linen or film copy. D. Multiple Sheets: Multiple sheet plans may be used. All sheets shall be numbered and referenced to an index, and all required certificates shall appear on a single sheet (along with the index and vicinity maps). (Ord. 323, 3-9-1998) E. Review Procedure: 1. The CDD or designated planning staff member shall review the application and prepare a staff report to the Planning Commission and make findings and recommendations. The Planning Commission shall review the application and staff report and make a recommendation to the County Manager for approval, approval with conditions, or denial after a public hearing. 2. The County Manager shall review the application, staff report, and Planning Commission findings and recommendations and thereafter approve, approve with conditions, or deny the proposal. ---PAGE BREAK--- 11-4-11 11-4-12 3. Once the County Manager approves the application, all applicable signatures shall be obtained on the final site plan. The detailed final site plan and preliminary title report shall be reviewed by the County Attorney for acceptability. 4. Upon approval of the County Attorney, and once all required signatures are obtained, the detailed final site plan shall be recorded in the records of the County Recorder. 11-4-12: CONDITIONAL USE REVIEW: A. Purpose: It is recognized that there are special uses which, because of their unique character and unusual impact upon the use and enjoyment of neighboring properties, cannot be properly classified in any particular zone district(s) without special review consideration of those impacts upon neighboring lands and upon the public need for a particular use at a particular location. These uses, referred to as Conditional Uses, are identified in the Chart of Allowed and Conditional Uses in Section 11-3-12 of this Title. Such uses shall only be allowed as Conditional Uses in Section 11-3-12 of this Title. Such uses shall only be allowed after special approval is granted in accordance with the following criteria and procedures. B. Criteria for Approval: Before an application for a conditional use is approved by the Planning Commission, it shall conform to the following criteria: 1. The proposed use shall be appropriate in the particular location, taking into account the nature of the use, its relationship to surrounding land uses and its impact on the natural environment. 2. The proposed use shall be in general compliance with the Development Evaluations Standards in Chapter 2 of this Title. 3. The proposed use will not be in violation of any county, state, or federal laws. 4. The applicant shall present evidence to show approval of the landowner for the particular use, unless the land is owned by the applicant and, in such case, applicant shall submit proof of ownership. 5. The applicant shall demonstrate that it possesses the requisite skills and experience to ensure that the particular use will be conducted in a safe and orderly manner. 6. The use will not adversely affect, in a significant manner, the public health, safety, and welfare. ---PAGE BREAK--- 11-4-12 7. The length and size of the proposed structure must be compatible with the residential uses in the area and must also meet the setback requirements for the zone in which it is located. C. Review Procedure: 1. The applicant shall submit a completed conditional use application form and all information deemed necessary and reasonable by the CDD or designated planning staff member to permit the county the opportunity to conduct a detailed assessment of the impacts of the proposed use. The CDD or designated planning staff member shall review the application and shall make findings and recommendations and shall schedule a review before the Planning Commission as soon thereafter as may be practicable. 2. The Planning Commission shall review the application and the staff report. After holding a public hearing, the Planning Commission shall approve, approve with conditions, or deny the proposed Conditional Use. D. Time Limit for Action: Unless there is substantial action under a Conditional Use permit within a maximum period of one year from the date of approval, said permit shall be considered null and void. E. Mandatory Review Process: Conditional Use Permits are subject to periodic reviews by the CDD or designated planning staff member to assess if the conditions of approval are being satisfied. If the original conditions associated with the Conditional Use Permit are not being satisfied, the Planning Commission may commence the Conditional Use Permit revocation process. F. Establishment of a Conditional Use Permit. Final approval of a Conditional Use Permit shall be in the form of a letter to the applicant specifically identifying each condition together with the approved site plan and any other accompanying documents determined to be relevant by the CDD or designated planning staff member and stamped approved. G. Amendments to Conditional Use Permits: 1. Minor Amendment: A minor amendment is defined as an amendment that does not increase the square footage, density, or intensity of a previously approved Conditional Use Permit, which may be approved administratively. A minor amendment may be commenced by filing a Low Impact Permit application and paying the fee for the review thereof. Refer to Section 11-4-8 of the Title for detailed submission requirements. 2. Major Amendment: A major amendment is defined as an amendment that increases square footage, density, and/or intensity of a previously approved Conditional Use Permit. A major amendment may be commenced by filing a Conditional Use Permit application and paying the ---PAGE BREAK--- 11-4-13 fee for the review thereof. H. Adult/Sex-Oriented Facilities: See Appendix B of this Title for Adult/Sex-Oriented Facilities and Businesses requirements. (Ord. 481, 3-1-2004) 11-4-13: TEMPORARY USE REVIEW: A. Purpose: Upon compliance with the provisions of this section, a temporary use approval may be granted, upon reasonable conditions necessary for the protection and preservation of the public health, safety, and welfare. This Section is intended to provide a process and procedure for reviewing and approving, approving with conditions, or denying a temporary use, or limited duration activity that will provide an overall benefit to the community for the time frame during which it is permitted to exist. The use must be consistent with the intent of the General Plan and this Title. B. Criteria for Approval: Before an application for a Temporary Use is approved by the Planning Commission, it shall conform to the following criteria: 1. The proposed use shall be appropriate, on a temporary basis, in the particular location, taking into account the nature of the use, its relationship to surrounding land uses and its impact on the natural environment. 2. The proposed use shall be in general compliance with the Development Evaluations Standards in Chapter 2 of this Title. 3. The proposed use will not be in violation of any county, state, and federal laws. 4. The applicant shall present evidence to show approval of the landowner for the particular use, unless the land is owned by the applicant and, in such case, the applicant shall submit proof of ownership. 5. The applicant shall demonstrate that he possesses the requisite skills and experience to ensure that the particular activity will be conducted in a safe and orderly manner. 6. The site shall be returned to its original condition or, when significant disturbance has occurred, to a condition approved by the Planning Commission. 7. The use shall not adversely affect, in a significant manner, the public health, safety, and welfare. C. Review Procedure: ---PAGE BREAK--- 11-4-13 11-4-14 1. Short Term Temporary Uses: a. Temporary uses that are intended for a limited duration, not to exceed sixteen (16) days in a sixty (60) day period shall be considered short term temporary uses. The applicant shall submit a completed Temporary Use application form and all information deemed necessary and reasonable by the CDD or designated planning staff member to permit the county the opportunity to conduct a detailed assessment of the impacts of the proposed use. The CDD or designated planning staff member shall approve, approve with conditions or deny the temporary use application and shall communicate the decision to the applicant. Approval of a Temporary Use shall not be considered valid unless a specific period of time during which the use may exist and operate designated. The CDD or designated planning staff member may consider and approve one extension of a short-term temporary use. b. In proposals where the CDD or designated planning staff member determines that potential issues may arise, or additional comment is needed from the community, a public hearing on the application may be scheduled with the Planning Commission. Following the public hearing, the Planning Commission shall make a recommendation to the CDD regarding an approval, approval with conditions or denial of the short term temporary use. 2. Long Term Temporary Uses: The applicant shall submit a completed temporary use application form and all information deemed necessary and reasonable by the CDD or designated planning staff member to permit the county the opportunity to conduct a detailed assessment of the impacts of the proposed use. The Planning Commission shall review the application and the staff report. After holding a public hearing, the Planning Commission shall approve, approve with conditions, or deny the proposed Temporary Use. Approval of a Temporary Use shall not be considered valid without a specific designed period of time during which the use may exist and operate. (Ord. 481, 3-1-2004) 11-4-14: ZONING VARIANCES: A. General: When, by reason of exceptional narrowness, shallowness, or shape of a specific piece of property at the effective date hereof, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such property, the strict application of area zoning, as it pertains to minimum lot size, minimum setbacks, and other specific requirements of Chapter 3 of this Title, the Board of Adjustment (“BOA”) may authorize, upon an appeal relating to said property, a variance from such strict application so as ---PAGE BREAK--- 11-4-14 to relieve such difficulties or hardship, provided such relief may be granted without substantial detriment to the public good and adjacent property owners and without substantially impairing the intent and purpose of this title. B. Standards: The BOA shall not approve a variance unless it shall make findings, based upon the evidence presented to it in each specific case, that all of the following provisions apply: 1. Literal enforcement of the ordinance would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of the land use ordinances; 2. There are special circumstances attached to the property that do not generally apply to other properties in the same zone; 3. Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone; 4. The variance will not substantially affect the general plan and will not be contrary to the public interests; and 5. The spirit of the land use ordinance is observed and substantial justice done. C. Conditions: In approving a variance, the BOA may require such conditions as will, in its judgment, mitigate any harmful effects of the variance and secure substantially the purposes of this Title. D. Use Variances Prohibited: The BOA may not grant use variances. E. Review Procedure: 1. The CDD or designated planning staff member shall review the Board of Adjustment application and make preliminary findings as to whether the application complies with the standards for approving a variance established in this Title. 2. If applicable, the CDD or designated planning staff member may secure input regarding the proposed request from any affected agencies and service providers. Upon receiving such information, the CDD or designated planning staff member shall prepare a report and make findings and recommendations and shall schedule a public hearing before the BOA. 3. The BOA shall review the application and staff report. After conducting a public hearing, the BOA shall approve, approve with conditions, or deny the proposed request. ---PAGE BREAK--- 11-4-14 11-4-15 4. No petition for judicial review may be filed unless and until the applicant has exhausted all manners or relief and processes as are provided herein and in this Title. 11-4-15: SPECIAL EXCEPTIONS: A. Purpose: Where the County Council finds that an applicant has a unique circumstance or equitable claim which makes strict enforcement of the provisions of this Title unduly burdensome, it may, after a public hearing, approve special exceptions to the zoning provisions of this Title so that substantial justice may be done and the public interest secured; provided that the special exception does not have the effect of nullifying the intent and purpose of this Title or any provision thereof. B. Criteria for Approval: The County Council shall not approve a special exception unless the applicant demonstrates that: 1. The special exception is not detrimental to the public health, safety, and welfare; 2. The intent of the Development Code and General Plan will be met; 3. The applicant does not reasonably qualify for any other equitable processes provided through the provisions of this Title; and 4. There are equitable claims or unique circumstances warranting the special exception. C. Submission Requirements: An application for a Special Exception shall not be accepted as complete unless such application contains sufficient information in graphic and text form to adequately describe the applicant's objective and all applicable fees are paid. D. Review Procedure: 1. If applicable, the CDD or designated planning staff member may obtain input regarding the proposed Special Exception from all affected agencies and service providers. Upon receiving such information, the CDD or designated planning staff member shall prepare a report and make findings and recommendations and shall schedule a public hearing before the County Council as soon thereafter as may be practicable. 2. The County Council shall review the application and staff report. After conducting a public hearing, the County Council shall approve, approve with conditions, or deny the Special Exception request. ---PAGE BREAK--- 11-4-16 11-4-16: LOW IMPACT PERMIT REVIEW: A. Purpose: The purpose of the Low Impact Permit is to provide a process and procedure for reviewing and approving, approving with conditions, or denying a Low Impact Use. Upon compliance with the provisions of this Section, a Low Impact Use approval may be granted by the CDD or designated planning staff member, with reasonable conditions necessary for the protection and preservation of the public health, safety, and welfare. B. Applicability: The Low Impact Review Process can be utilized to obtain administrative approval for projects determined to be low impact and which are in conformance with the Development Evaluation Standards and general regulations of the Code and provisions of the General Plan. An application for approval of a Low Impact Permit shall be commenced by filing a sketch plan and paying the applicable fee with the Community Development Department. C. Review Procedure: 1. The applicant shall provide a sketch plan and description of the proposed project. The Sketch Plan shall contain enough information, in graphic and text form, to adequately describe to the satisfaction of the CDD or designated planning staff member the applicant’s intentions with regard to use, site layout and compliance with the “General Plan,” the “Code,” and any applicable ordinance, development permit, or development agreement. 2. In proposals where the CDD or designated planning staff member determines that potential issues may arise or additional comment is needed or has been received from the community, a public hearing on the application may be scheduled with the Planning Commission. Following the public hearing, the Planning Commission shall make a recommendation to the CDD regarding an approval, approval with conditions or denial of the application. 3. The CDD or designated planning staff member shall determine whether the application is sufficient and in compliance with the provisions of the Code and the General Plan. The CDD or designated planning staff member may require the applicant to submit such additional information as may be necessary to determine whether the application conforms to the requirements of the Code and General Plan. 4. The CDD or designated planning staff member shall approve, approve with conditions or deny the Low Impact Permit application and shall communicate the decision to the applicant. The CDD or designated planning staff member may impose all reasonable conditions necessary to ensure compliance with the goals, objectives and policies of the General Plan and applicable provisions of Chapter 2 of the Code. The CDD or ---PAGE BREAK--- 11-4-16 designated planning staff member may also provide written notice of such decision to any persons who have requested notice of such decision. Any person aggrieved by such decision may appeal the decision in accordance with the provisions of the Code. Oil, gas and steam wells are exempt from this provision and are allowed by right according to the standards described in Section 11-4-10(F) below. 5. The Planning Commission shall periodically be provided with a list of the Low Impact Permits that have been issued by the CDD or designated planning staff member, or as requested. D. Qualification for Low Impact Permit. The following activities or uses qualify for Low Impact Permit consideration, unless otherwise permitted in the Code. Any new use or change in use qualifies for a Low Impact Permit and must meet all the criteria in 14. through hereunder. 1. Dwelling unit, one family, in the Commercial Zoning District; 2. Accessory dwelling unit, only as described in Section 11-6-5 of the Code, except in the Highway Corridor (HC), Industrial and Railroad Industrial (RI) Zoning Districts; 3. Accessory buildings and uses to the principal residential dwelling unit or subdivision in the Commercial Zoning District, not to exceed 2,000 square feet; 4. Dwelling Unit, single family attached (also referred to as a townhouse) in the Highway Corridor (HC) Zoning District; 5. Agricultural employee dwelling unit, only as described in Section 11-6-5 of the Code, except in the Commercial Industrial and Railroad Industrial (RI) Zoning Districts; 6. Mobile home with foundation in the Commercial Zoning District; 7. Utility structures and related facilities in the AG-100 and AG-160 Zoning Districts (refer to Section 11-6-7 for conditions); 8. Wind power generation facilities in the AG-100 and AG-160 Zoning Districts; (refer to Section 11-4-10.G for conditions); 9. Retail commercial establishments in the Commercial Zoning District, not to exceed 2,000 square feet; 10. Service commercial establishments in the Commercial Zoning District, not to exceed 2,000 square feet; ---PAGE BREAK--- 11-4-16 11. Oil wells, gas wells and steam wells, except in the Highway Corridor (HC), Commercial and Railroad Industrial (RI) Zoning Districts (refer to Section 11-4-10.F for conditions); 12. Open Recreational Uses in the AG-100 and AG-160 Zoning Districts. 13. Other similar uses and projects not listed but which are similar in nature and character as other listed Low Impact uses and projects. 14. The conversion of an existing building or structure in an Highway Corridor (HC), Commercial or Industrial zone district from its current or previous use to a new or substantially different type of activity or use, or a revision or amendment to an approved development permit, or other minor improvements as determined by the CDD or designated planning staff member, which: a. does not significantly increase vehicular traffic, unless the increases are consistent with previously approved plans for which appropriate mitigation has been contemplated and which has been implemented in an appropriate manner to accommodate the proposed amendment. b. does not significantly increase the demand for parking; unless the increases are consistent with previously approved plans for which appropriate mitigation has been contemplated and which has been implemented in an appropriate manner to accommodate the proposed amendment. c. does not intensify the likelihood of pedestrian and vehicular conflicts; d. does not create conditions or impacts to the environment including, but not limited to, unscreened storage, and other environmental concerns; e. does not intensify noise levels or odors; f. does not create significant dust and dirt conditions, which cannot be adequately mitigated; g. does not intensify lighting and glare conditions; h. does not create a sudden change in privacy for adjacent property owners; i. and is generally consistent with the goals and policies of the General Plan. ---PAGE BREAK--- 11-4-16 E. General Criteria. No Low Impact Permit shall be approved unless the applicant demonstrates that 1. The use is in compliance with the provisions of the General Plan; 2. The use conforms to all applicable requirements of the Code and state and federal regulations; 3. The use is not detrimental to public health, safety and welfare; 4. The use is appropriately located with respect to public facilities and services; 5. The use is compatible with the existing neighborhood character and will not adversely affect surrounding land uses: 6. Exterior lighting will be directed downward and not be reflected upon adjoining land. 7. The natural topography, ridgelines, soils, critical areas, watercourses and vegetation shall be preserved where possible through careful site planning and design of access routes, circulation areas, buildings and other structures, parking areas, utilities, drainage facilities and other features. F. Criteria for oil wells, gas wells and steam wells. A Low Impact Permit application shall be reviewed and approved for oil, gas, and steam wells according to the following criteria: 1. Access to the drill site shall utilize existing roads as much as possible. 2. Any required grading and associated cut and fill areas shall be re- vegetated and contoured to maintain existing drainage patterns. 3. Erosion control best management practices in accordance with County Ordinance 381-A shall be applied to all disturbed areas, including roads, staging areas and drill site. 4. The drilling and production operation shall be conducted in such a manner as to minimize, so far as practicable, dust, noise, vibration, and odors. 5. All waste shall be disposed of in such a manner as to comply with the air and water quality regulations of state and county ordinances. 6. Firefighting apparatus and supplies as approved by the County Wildland Fire Marshall shall be maintained on the drilling site at all times during drilling and production operations. ---PAGE BREAK--- 11-4-16 11-4-17 7. Upon completion or abandonment of the well, all disturbed areas, including the drill site and staging areas shall be reclaimed by re- contouring the area blend with the natural terrain, replacing top-soil and re- vegetating. A weed mitigation plan shall be implemented as part of the re- vegetation plan for all disturbed areas. 8. Drill sites and/or staging areas located on sensitive lands such as steep slopes and ridgelines or within one mile of a residential areas (including recreational cabins) or public buildings shall be subject to the Conditional Use review and approval process and may include additional review criteria such as hours of operation, screening and buffering, fencing, traffic, and lighting. G. Criteria for wind power generation facilities. A Low Impact Permit application shall be reviewed and may be approved for wind power generation facilities according to the following criteria: 1. Access to the site shall utilize existing roads as much as possible. 2. Any required grading and associated cut and fill areas shall be re- vegetated and contoured to blend into the natural terrain and maintain existing drainage patterns. A weed mitigation plan shall be implemented as part of the re-vegetation plan for all disturbed areas. 3. Erosion control best management practices in accordance with County Ordinance 381-A shall be applied to all disturbed areas, including roads, staging areas and facility site. 4. Transmission lines shall be located along existing roadways where possible or in other locations that avoid vegetation disturbance and visual scaring of prominent hillsides. 5. Facility sites located on sensitive lands such as steep slopes, ridgelines, view corridors or within one mile of a residential areas (including recreational cabins) or public buildings shall be subject to the Conditional Use review and approval process and may include additional review criteria such as height, colors, and security fencing. 11-4-17: LOT LINE ADJUSTMENTS A. Purpose: The purpose of the Lot Line Adjustment process is to provide a procedure to adjust lot lines between adjacent properties that are not located within a recorded subdivision plat. ---PAGE BREAK--- 11-4-17 B. Criteria for Approval: Petitions to adjust lot lines between adjacent properties may be executed upon the recordation of an appropriate deed if: 1. No new dwelling lot or housing unit results from the lot line adjustment; 2. The adjoining property owners consent to the lot line adjustment; 3. The lot line adjustment does not result in remnant land that did not previously exist; and, 4. The adjustment does not result in violation of any applicable zoning requirements. C. Submission Requirements: an application for a Lot Line Adjustment shall not be accepted as complete unless such application contains the information set forth below and all applicable fees have been paid; provided; however that the CDD or designated planning staff member may request, and the applicant shall submit such additional information as may be needed to ascertain whether such application conforms to the requirements of this Title. 1. Current warranty deeds for each parcel involved in the lot line adjustment. 2. Adjusted legal descriptions for each parcel involved in the lot line adjustment. 3. Draft warranty deeds or property with new description of adjusted boundaries. 4. A survey or graphical representation which includes: a. Title that states, “Lot Line Adjustment between parcels and b. Date of plat, approximate true north point, scale, name of land surveyor and Surveyor’s Certificate. c. Location and dimensions of all property lines, existing easements, existing streets, and other public rights-of-way and identification of any structures and their setbacks from the adjusted property boundaries. d. Narrative (explanation of the lot line adjustment). D. Review Procedure: ---PAGE BREAK--- 11-4-17 11-4-18 1. The CDD or designated planning staff member shall review the application and determine if the application complies with the criteria for approving a lot line adjustment as identified in this Title. 2. The request will be sent to the Summit County Engineering Office and the Summit County Recorder’s Office for their review and comment. 3. Final deeds reflecting the changes are required to be submitted upon request from the CDD or designated planning staff member. 4. The CDD or designated planning staff member shall prepare a “Lot Line Adjustment” memorandum that shall be executed by the owner(s) and recorded in the records of the Summit County Recorder with the final deeds and survey. 11-4-18: AMENDMENTS TO RECORDED SUBDIVISION PLATS A. Purpose: The purpose of the plat amendment process is to provide a procedure for amending a recorded subdivision plat. Upon compliance with the provisions of this Section and other applicable requirements of this Title, an amendment to a recorded subdivision plat may be granted by the CDD, Planning Commission or County Manager or County Council. B. Applicability: The CDD, Planning Commission, County Manager, or County Council, may, with or without petition, consider any proposed vacation, alteration or amendment of a subdivision plat, any portion of such subdivision plat, or any road or lot contained in such plat. C. Review Procedures: 1. Plat amendments that result in the combination of lots and adjusting and/or altering lot lines within a platted subdivision. a. Land Use Authority: The CDD shall be the Land Use Authority for all plat amendments resulting in the combination of lots and adjusting and/or altering lot lines within a platted subdivision. b. The CDD or designated planning staff member shall give notice of the proposed plat amendment and associated public hearing. Notice shall be mailed to each owner of property located within three hundred feet (300’) of the affected parcels. If adverse public comment concerning the proposed plat amendment is received within 10 days from the date of the notice, a public hearing shall be scheduled with the Planning Commission. ---PAGE BREAK--- 11-4-18 c. Following the public hearing, the Planning Commission shall make a recommendation to the CDD regarding an approval, approval with conditions or denial of the plat amendment. d. If no public comment is received within 10 days from the date of the notice, a public hearing is not required and the CDD shall approve, approve with conditions, or deny the plat amendment. 2. Plat amendments that result in building pad adjustments, subdivision title changes, plat note revisions, altering of utility easements, and all other amendments that do not affect a public or private road, lot line adjustments, or the combination of lots. a. Land Use Authority: The Planning Commission shall be the Land Use Authority for all of the above-mentioned plat amendments. b. The Planning Commission shall hold a public hearing prior to its decision, and shall approve, approve with conditions, or deny the plat amendment. c. Notice of the Planning Commission public hearing shall be given in compliance with Subsection D of this Section. 3. Plat amendments that alter a private road shown on a subdivision plat. a. The Planning Commission shall hold a public hearing prior to its decision, and shall make a recommendation to the County Manager. b. The County Manager shall approve, approve with conditions, or deny the plat amendment. c. Notice of the public hearing shall be given in compliance with Subsection D of this Section. 4. Plat amendments that alter a public road shown on a subdivision plat. a. The Planning Commission shall hold a public hearing, and shall thereafter make a recommendation to the County Council. b. The County Council shall hold a public hearing and approve, approve with conditions, or deny the plat amendment. c. Notice of the public hearing shall be given in compliance with Subsection D of this Section. D. Required Notice of Public Hearings for Plat Amendments: ---PAGE BREAK--- 11-4-18 1. The CDD or designated planning staff member shall give notice of the proposed plat amendment and associated public hearing. Notice shall be mailed to each owner of property located within three hundred feet (300’) and may also be mailed to each owner of property within one thousand feet (1000’) for a representative public notice. In addition, notice may be sent to all owners within the affected plat and the affected Home Owners’ Association. The notice shall fulfill the requirements of Utah State Code Annotated, Sections 17-27a-207 and 17-27a-208. 2. If the proposed plat amendment involves the vacation, alteration, or amendment of a road, the CDD or designated planning staff member shall give notice of the date, place, and time of the public hearing by: a. Mailing notice, as required in Subsection D1 of this Section; and b. For public roads, publishing the notice once a week for four consecutive weeks before the hearing in a newspaper of general circulation. 3. Once a petition is filed and it is determined that a public hearing is required, the Land Use Authority shall hold the public hearing within forty-five (45) days following the receipt of a complete application. 4. Any fee owner of land within a platted and recorded subdivision, as shown on the last County assessment rolls, may petition in writing to have the plat, any portion or road or lot contained therein to be vacated, altered or amended, as provided for in this Section. 5. At the CDD’s discretion, the public hearing requirement may be waived for plat amendments if the following criteria are met: a. The name and address and consenting signatures of all owners of record of the land contained in the entire subdivision plat are submitted with the application; or b. The name and address and consenting signatures of all owners of record of land adjacent to any road that is proposed to be vacated, altered or amended is submitted with the application; or c. The signatures of all owners within the subdivision acknowledging consent to the petition is submitted with the application. E. General Criteria: 1. Upon approval of the plat amendment, the following signatures are required on the final amended plat: CDD (only required for plat ---PAGE BREAK--- 11-4-18 11-4-19 amendments resulting in the combination of lots and adjusting and/or altering lot lines), County Manager (only required for plat amendments that alter a private road shown on a subdivision plat), County Council (only required for plat amendments that alter a public road shown on a subdivision plat), Planning Commission (only required for plat amendments that result in building pad adjustments, subdivision title changes, plat note revisions and all other amendments that do not affect a public or private road, lot line adjustments, or the combination of lots), County Recorder, County Engineer, County Attorney, and County Assessor. A “Certificate of Consent” from any and all mortgagors, lien holders, or others with a real property interest in the affected parcels is also required. 2. Once the application is approved and all applicable signatures are obtained on the plat amendment, the County Attorney shall review a preliminary Title Report for acceptability. 3. Upon approval of the County Attorney, and once all required signatures are obtained, the plat amendment shall be recorded in the records of the County Recorder. F. Vacation by County Manager, or County Council: When the County Manager or County Council proposes to vacate, alter or amend a subdivision plat, or any road or lot within a subdivision plat, the County Manager or County Council shall consider the issue at a public hearing after giving notice required by this Section. G. Grounds for Vacating or Amending a Plat: 1. If the County Manager or Land Use Authority is satisfied that the public interest will not be materially injured by the proposed vacation, alteration or amendment, and there is good cause for the vacation, alteration or amendment, the County Manager or Land Use Authority, may vacate, alter or amend the plat, any portion of the plat, or any road or lot therein. 2. No plat amendment shall be approved which results in an increase in density. H. Appeal: An aggrieved party may appeal the final decision of a plat amendment in accordance with Appeals Procedures set forth in Section 11-7-17 of this Title. 11-4-19: CONDOMINIUM PLATS A. Plat Requirements: A detailed condominium plat is required in all cases which comply with the definition of condominium contained in Appendix A of this Title. A condominium plat shall contain the information required for a Final Site Plan as identified in Section 11-4-5 of this Title. CCR’s for the development shall be ---PAGE BREAK--- 11-4-19 submitted for review by the Summit County Attorney’s Office prior to recordation of the plat. B. Review Procedure: The review procedure for a condominium plat shall be the same as the review procedure for a Final Site Plan, as outlined in Section 11-4-5 of this Title. C. Issuance of Building Permit: Building permits for condominium units can be issued following approval of the final plat by the Planning Commission and County Manager as provided by this Chapter. The building permit will be issued based upon a certified architectural plan for the building elevation and floor plans as approved by the Building Official. D. Filing: All condominium plats shall be recorded in the office of the County Recorder following completion of construction and before acceptance of improvements. ---PAGE BREAK--- ---PAGE BREAK--- 11-5-1 11-5-2 11-5-3 CHAPTER 5 AMENDMENTS TO CODE AND ZONE DISTRICT MAP SECTION: 11-5-1: Authority 11-5-2: Initiation of Amendments 11-5-3: Amendment Procedures 11-5-1: AUTHORITY: The County Council may from time to time amend, supplement or repeal the provisions and regulations of this title and the Zone District Map of Eastern Summit County. No change to the text of this title which affects a portion or all of the real property regulated by this title and no rezoning of a specific parcel of real property by a change in zoning classification resulting in a change to the Zone District Map shall be valid unless approved by the County Council pursuant to the provisions set forth herein, except that an application for amending an approved specially planned area plan shall be processed pursuant to the provisions of Chapter 4 of this Title. (Ord. 278, 5-6-1996) 11-5-2: INITIATION OF AMENDMENTS: Any amendment to the text of this Title or the Zone District Map may be initiated in the following ways: A. By a motion of the County Council; B. Upon the request of the Planning Commission; C. By the CDD or designated planning staff member or County Manager; or D. Upon the request of the individual having deed title of real property within the area to be rezoned. (Ord. 470,11-19-2003) 11-5-3: AMENDMENT PROCEDURES: A. Amendment to Text of Code: Whenever there is initiated an amendment to the text of this title, such amendment shall be accomplished in the following manner: ---PAGE BREAK--- 11-5-3 1. A copy of the proposed amendment shall be delivered to the Planning Commission for its review and recommendation. Prior to making a recommendation, the Planning Commission shall hold a public hearing regarding the proposed amendment. 2. The Planning Commission's recommendation shall be delivered to the County Council. The County Council shall hold a public hearing on the proposed amendment. Following the public hearing, the County Council shall either approve or deny the amendment. (Ord. 278, 5-6-1996) B. Amendment to Zone District Map (Rezoning): 1. If the applicant is a private landowner: a. An application for an amendment to the Zone District Map shall be submitted to the CDD or designated planning staff member. The County Council may permit the rezoning of the property only after it has determined that said rezoning is consistent with the goals and objectives of the general plan, all other criteria and considerations described in this title, and said action is necessary to promote the public health, safety and welfare of the residents of Eastern Summit County. (Ord. 278, 5-6-1996; amd. 2004 Code) b. The application must be authorized by each owner of the real property that is located within the area to be rezoned or a duly authorized representative of each owner. c. Approval of an amendment to the zone district map shall not be granted until both the Planning Commission and County Council have reviewed the specific development proposal and determined: The amendment complies with the goals of the General Plan; The amendment is compatible with adjacent land uses and will not be overly burdensome on the local community; The specific development plan is in compliance with all applicable standards and criteria for approval as described in Chapter 4 of this Title; and The amendment does not adversely affect the public health, safety and general welfare. 2. The County Council may initiate the action on its own motion or upon request of the Planning Commission or County Manager. a. When the amendment is proposed by the County Council, the application shall contain the following: An accurate survey map or other sufficient legal descriptions. ---PAGE BREAK--- 11-5-3 The names and addresses of all owners of real property within the area to be rezoned. The proposed nature of the amendment. b. The Planning Commission shall review the proposed amendment. The Planning Commission must find that the proposed amendment is consistent with the requirements in Subsection B 1c of this Section. Prior to making a recommendation, the Planning Commission shall hold a public hearing regarding the proposed amendment. c. The Planning Commission's recommendation shall be delivered to the County Council. The County Council shall hold a public hearing regarding the proposed amendment. Following the public hearing, the County Council shall either approve or deny the amendment. In order to approve the amendment, the County Council must find that the proposed amendment is consistent with the requirements in Subsection B 1c of this Section. C. Amendments by Ordinance: All amendments to the text of this title and to the Zone District Map shall be authorized by ordinance, in the manner prescribed by state law. (Ord. 278, 56-1996) ---PAGE BREAK--- ---PAGE BREAK--- 11-6-1 CHAPTER 6 GENERAL REGULATIONS SECTION: 11-6-1: Public Hearing Requirements 11-6-2: Non-conforming Uses, Structures and Lots 11-6-3: Home Occupations 11-6-4: Signs 11-6-5: Accessory Dwelling Units 11-6-6: Equipment Enclosures, Utility Structures and Related Facilities 11-6-7: Wireless Communications 11-6-8: Infrastructure Standards 11-6-9 Development Agreements 11-6-10: Reapplication Following Denial 11-6-11: Revocation of Approvals and/or Permits 11-6-12: Failure to Comply with Conditions 11-6-13: Effective Period of Approvals 11-6-14: Completion of Improvements 11-6-15: Construction Plans 11-6-16: Issuance of Building Permits 11-6-17: Project Closure Due to Inaction 11-6-18: Residential Care Facilities for Elderly or Disabled 11-6-1: PUBLIC HEARING REQUIREMENTS: Unless otherwise stated in this title, all notices required under this Section shall be given as follows: A. Published Notice: All published notices shall be given by publication in a newspaper having general circulation in Eastern Summit County at least ten (10) days before the date of the public hearing and in accordance with state law. Published notice shall state the nature of the request for which application has been made, and the time, place and date of the public hearing on the matter. B. Mailed Notice to Property Owners: The CDD or designated planning staff member will send public hearing notices to each property owner located within one thousand feet (1,000') from any boundary of the property subject to a development application. When properties located within one thousand feet (1,000') are part of an association of property owners, a courtesy notice should be sent to the property owners' association. The addresses for adjacent owners shall be as shown on the most recently available County tax assessment rolls. The notice shall state that an application has been filed affecting the subject property, the nature of the application or action, and the time, place and date set for public hearing on the ---PAGE BREAK--- 11-6-1 11-6-2 matter. Failure to notify property owner associations or individual property owners not specifically identified on the most recently available County tax assessment rolls shall not affect or invalidate any hearing or action by any board or commission. The applicant shall pay the cost for the County to provide this service. C. Proof of Notice: If notice given under authority of this section is not challenged as provided for under state law within thirty (30) days from the date of the hearing for which the challenged notice was given, the notice is considered adequate and proper. (Ord. 278, 5-61996) 11-6-2: NON-CONFORMING USES, STRUCTURES AND LOTS: A. Purpose: Within the zone districts established in Chapter 3.0 of the Code, there may be existing lots, structures, and uses of land and structures, which were lawfully established before the adoption of the Code, but which are now prohibited, regulated, or restricted. It is the intent of this section to allow these uses and structures to continue until such time as they are removed or otherwise brought into conformance with this Title. B. Burden on Owner to Establish Legality: The property owner bears the burden of establishing that any non-conforming use or non-conforming structure lawfully exists. C. New Non-Conforming Use, Structure Prohibited. No lot, parcel of land, or interest therein, shall be transferred, conveyed, sold, subdivided or acquired either in whole or in part so as to create a new non-conforming use, structure, or lot/parcel, or to avoid or circumvent the requirements of the Code. No building permit will be issued for any lot, parcel, or structure which has been transferred, conveyed, sold, subdivided or acquired in violation of the Code. D. Non-Conformance of Area per Dwelling Unit: A parcel/lot that was lawfully created but does not conform to the minimum area per dwelling unit requirement of the zone district in which it is located shall be considered a lot of record and is entitled to one, but no more than one dwelling unit thereon (lot of record) if it can meet the development code criteria. E. Maintenance and Repair of a Non-Conforming Structure: A non-conforming structure may be repaired, maintained, or improved, provided such repair, maintenance, or improvement is in compliance with the provisions of this Title. A non-conforming structure may be altered to decrease its non-conformity or to be brought into compliance with the provisions of this Title. F. Removal of a Non-Conforming Use or Non-Conforming Structure: If any such non-conforming use, non-conforming structure or non-conforming portion thereof is demolished or removed at the will of the property owner, any subsequent use, ---PAGE BREAK--- 11-6-2 structure or portion thereof shall thereafter be required to conform to the regulations specified in this Title for the zone district in which the use or structure is located. G. Replacement of a Non-Conforming Use or Non-Conforming Structure: If any non- conforming use, non-conforming structure, or non-conforming portion thereof, is destroyed by fire or other natural cause, it may be replaced. If all necessary development permits are not obtained to repair or replace the damaged structure or use within one year from the date of loss, the structure or use may not be reconstructed or replaced, except in conformance with the provisions of this Title. The CDD or designated planning staff member may grant a one time, one year extension upon finding that special circumstances, such as construction schedules, seasonal weather conditions, renewed business demand, or other similar circumstances exist which warrant such an extension. In order to grant an extension, the property owner shall file a written request to the Community Development Department requesting such extension and be under due diligence in replacing or rebuilding the use or structure, prior to the end of the original one year period. H. Enlargement of a Non-Conforming Residential, Agricultural, or Accessory Structure: A non-conforming residential, agricultural, or accessory structure may be enlarged according to the following criteria: 1. Building Permit Required: Any portion of a non-conforming residential or accessory structure that complies with the setback requirements for the zone district in which the structure is located may be enlarged through the building permit process only, if the enlargement will further comply with all applicable zoning requirements. SEE FIGURE 1 BELOW. 2. Agricultural Structure: Any portion of a non-conforming agricultural structure that complies with the setback requirements for the zone district in which the structure is located may be enlarged through the building permit process or if applicable, the Agricultural Use Exemption, if the enlargement will further comply with all applicable zoning requirements. SEE FIGURE 1 BELOW. 3. Low Impact Permit Required: Any portion of a non-conforming residential, agricultural, or accessory structure that does not comply with the setback requirements for the zone district in which the structure is located may be enlarged through the Low Impact Permit process described in Section 11- 4-12 of this Title and according to the following criteria. a. At least 50% of the existing structure walls to be expanded, from which the setback is measured, must be non-conforming. SEE FIGURE 2 BELOW. ---PAGE BREAK--- 11-6-2 b. Additions to non-conforming residential, agricultural, or accessory structures may extend to the existing non-conforming setback line, but may not encroach further into the setback. SEE FIGURE 3 BELOW. c. In no case shall the addition be closer than fifty percent (50%) of the zone required setback. SEE FIGURE 4 BELOW. d. Non-conforming residential, agricultural, or accessory structures may not be enlarged for the purpose of increasing density. I. Enlargement of a Non-Conforming Commercial or Industrial Structure. A non- conforming commercial or industrial structure may be enlarged according to the following criteria: 1. Building Permit Required: Any portion of a non-conforming commercial or industrial structure that does not comply with the setback requirements for the zone district in which the structure is located may be enlarged through the building permit process only, if the enlargement will further comply with all applicable zoning requirements. This provision only applies to commercial or industrial non-conforming structures that contain a conforming use. SEE FIGURE 1 BELOW. 2. Low Impact Permit Required: A non-conforming commercial or industrial structure shall not be enlarged in any way that increases the non- conformity, except through the Low Impact Permit process described in Section 11-4-12 of this Title and according to the criteria found in Section11-6-2 of this Chapter. A public hearing shall be held before the Commission. Following the public hearing, the Commission shall make a recommendation to the CDD regarding an approval, approval with conditions, or denial of the application. J. Enlargement or Conversion of a Non-Conforming Commercial or Industrial Use: A non-conforming commercial or industrial use may be enlarged or converted to another non-conforming use according to the following criteria: 1. Low Impact Permit Required: A non-conforming commercial or industrial use shall not be enlarged in any way that increases the non-conformity except through the Low Impact Permit process described in Section 11-4- 12 of this Title and according to the criteria found in Section11-6-2 of this Chapter. A public hearing shall be held before the Commission. Following the public hearing, the Commission shall make a recommendation to the CDD regarding an approval, approval with conditions or denial of the application. 2. Abandonment or Loss of Non-Conforming Commercial or Industrial Use: A non-conforming commercial or industrial use that is discontinued for a ---PAGE BREAK--- 11-6-2 continuous period of one year is presumed abandoned and shall not thereafter by re-established or resumed. The property owner shall have the burden of establishing that any claimed abandonment has not in fact occurred. Any party claiming that a non-conforming use has been abandoned shall have the burden of establishing such abandonment. All evidence either providing non-abandonment or abandonment shall be submitted to the CDD who shall make a final determination of abandonment status. Any subsequent use of the building, structure, or land must conform to the regulations specified in this Title for the zone district in which the use is located. 3. Special Standards that shall be met for Expansions or Conversions of Non-Conforming Commercial or Industrial Uses: a. The use does not significantly increase vehicular traffic or interfere with traffic flow; b. The use does not significantly increase the demand for parking; c. The use does not significantly intensify the likelihood of pedestrian and vehicular conflicts; d. The use does not create conditions or impacts to the environment including, but not limited to unscreened storage and other environmental concerns; e. The use does not significantly intensify noise levels or odors; f. The use does not create significant dust and dirt conditions, which cannot be adequately mitigated; g. The use does not significantly intensify lighting and glare conditions; h. The use does not create a significant change in privacy for adjacent property owners; i. The use is generally consistent with the goals and policies of the General Plan; and j. The use will not adversely affect, in a significant manner, the public health, safety, and welfare. K. Sensitive Lands: 1. Prohibited: Any portion of a non-conforming residential, agricultural, accessory, or commercial structure or any portion of a non-conforming use ---PAGE BREAK--- 11-6-2 that is located within sensitive lands (wetlands, slopes greater than 30%, and streams) shall not be enlarged. FIGURE 1: Addition proposed that complies with the zone required setbacks. Building permit required. FIGURE 2: At least 50% of the wall proposed to be enlarged shall be non-conforming. Low Impact Permit required. Required Setback 12' Permitted Setback 8' 50% of the wall is non-conforming: Existing Setback 8' Proposed Addition Existing Structure Proposed Setback 12’ Existing Setback 8’ Required Setback 12’ Existing Structure Proposed Addition ---PAGE BREAK--- 11-6-2 FIGURE 3: Addition proposed to the existing non-conforming setback line, but not further into the setback. Low Impact Permit required. FIGURE 4: Addition proposed to the existing non-conforming setback line, but not closer than 50% of the zone required setback. Low Impact Permit required. Required Setback 12' Existing Setback 4' Permitted Setback 6' (50% of the zone required setback) Proposed Addition Existing Structure Required Setback 12' Existing Setback 8' Permitted Setback 8' Proposed Addition Existing Structure ---PAGE BREAK--- 11-6-3 11-6-4 11-6-3: HOME OCCUPATIONS: A. Purpose: The purpose of this section is the ensure that the owners of one- family dwelling units may undertake occupations on the premises, so long as the home occupation is not intrusive to surrounding land uses or will not alter the essential character of the neighborhood. Home occupations may be established, maintained and expanded, so long as they are consistent with the standards described below. Home occupations that meet these standards do not require further approval by the County, but the operator may be required to obtain and maintain a valid business license. B. Standards: All home occupations shall comply with the following standards: 1. Home occupation may take place within the residential building, an accessory building, or outside on the parcel/lot. The use of the dwellingunit, accessory building or parcel/lot must be clearly incidental and subordinate to its use for residential purposes; 2. The impacts of related activity outside of the dwelling shall create minimum impact on surrounding residential uses. Screened outside storage of materials as viewed from neighboring properties is required. Home occupations shall generate minimal dust, odor, fumes, noise, light, and other similar impacts that are not customary to the permitted dwelling unit alone; 3. Vehicular traffic associated with the home occupation shall not exceed that which would normally be expected in the residential area in which it is located; 4. Exterior advertising for home occupations on the premises is not permitted; 5. Retail sales and rentals shall not be considered home occupations; and 6. Home occupations shall comply with the all applicable Development Evaluation Standards described in Chapter 2 of this Title. (Ord. 278, 5-6- 1996) 11-6-4: SIGNS: No sign shall be erected, relocated or enlarged until the plan for such sign has been approved and a permit issued by the CDD or designated planning staff member. Nameplates, property signs, service signs, and temporary signs conforming to the provisions of this title may be erected without such approval or permit. A. Number of Freestanding Signs: ---PAGE BREAK--- 11-6-4 1. Lots with less than three hundred feet (300') of street frontage on one street shall be allowed one freestanding sign. 2. Lots with more than three hundred feet (300’) of street frontage on one street shall be allowed two freestanding signs. B. Location of Freestanding Signs: Freestanding signs shall be set back at least five feet from any property or right-of-way line. C. Size of Signs: 1. One square foot of sign area shall be permitted for every five feet of continuous linear building frontage upon which such sign is mounted, up to a maximum of thirty (30) square feet. 2. Freestanding signs shall not exceed forty (40) square feet. D. Lighting of Signs: No spotlight, floodlight, luminous tubes or lighted sign shall be installed in any way which will permit the direct rays of such light to penetrate into any residential zone or onto any property used for residential purposes. E. General Restrictions: No light, sign or other advertising structure shall be erected at the intersection of any streets in such a manner as to obstruct free and clear vision or at any location where, by reason of the position, shape or color, it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device; or which makes use of the words, "stop", "look", "danger", or any word, phrase, symbol, or character in such a manner as to interfere with, mislead or confuse traffic. F. Signs on Public Property: No sign shall be erected on or project over publicly owned land, except signs erected by a public agency for the direction and safety of the general public. G. Real Estate Signs: No real estate sales sign shall be located within thirty feet (30') of the edge of an adjacent road surface or no closer than an existing fence line that is parallel to the road, whichever distance is less. H. Campaign Signs: Campaign signs are exempt from obtaining a sign permit; however, they must still comply with the following guidelines. Campaign signs shall not exceed three square feet (3 sq. ft.) of area and four feet in height, measured from the top of the sign to the grade directly below the sign. Campaign signs are permitted in any zone district, provided they are located a minimum of ten feet (10’) back from the edge of the curb or edge of pavement, where there is no curb on the street which the sign fronts. If the ten foot (10’) distance would be within a structure, the sign may be within three feet of the front of the structure. Illumination of campaign signs is prohibited. These signs shall only be permitted on private property with the permission of the property owner and are not permitted in the public right-of-way. County personnel may remove and ---PAGE BREAK--- 11-6-4 impound these signs if notice to remove the signs has been sent to the property owner or candidate and they have failed to comply with that notice. I. Off Premises Signs Prohibited: No sign shall be erected or maintained on a parcel, lot or project area other than the specific lot or parcel on which the use or activity advertised on the sign is located. J. Non-conforming Signs: Non-conforming signs, excluding billboards, shall be required to conform or be removed as follows: on the happening of any of the events described below, or where any of the following conditions apply, the sign or signs shall be brought into compliance within one year after the effective date hereof, and a new permit shall be secured therefore, or shall be removed. 1. The cost of the non-conforming sign is valued at less than one hundred dollars ($100.00). Sign value shall be determined based on an actual sales receipt for the sign or a cost estimate for the replacement cost provided by a qualified professional. 2. When a non-conforming sign is destroyed or damaged to an extent in excess of fifty percent (50%) of the sign value. 3. The sign is relocated in any manner. 4. If the sign is altered structurally, or if more than fifty percent (50%) of the copy, as measured by the sign area, is altered, except for changeable copy signs and maintenance. 5. If the business or service for which the non-conforming sign was installed is expanded or modified. All improvements to a single business or use within any twelve (12) month period shall be treated cumulatively in the administration of this subsection. 6. Nothing in this section shall be deemed to prohibit the County from removing a billboard without providing just compensation in accordance with the procedures set forth in this subsection if the County Manager provides reasonable notice of the proceedings and, following a public hearing, finds: a. The applicant made a false or misleading statement in any application to the County necessary to establish or change the billboard; b. The billboard is unsafe or presents a hazard to persons or property; c. The billboard is in a state of disrepair; or d. The billboard has been abandoned for at least twelve (12) months. (Ord. 278, 5-61996) ---PAGE BREAK--- 11-6-5 11-6-6 11-6-5: ACCESSORY DWELLING UNITS: A. Scope: When designated in Section 11-3-12 of this Title, an accessory dwelling unit or an agricultural employee dwelling unit may be approved by the County. When approved through the Conditional Use process, both an accessory dwelling unit and an agricultural employee dwelling unit may be approved on the same parcel/lot. (Ord. 278,5-6-1996) B. Accessory Dwelling Unit: 1. An accessory dwelling unit shall not exceed one thousand (1,000) square feet of gross square footage, as measured from exterior wall to exterior wall of the dwelling unit itself. 2. An accessory dwelling unit may be placed within a larger accessory structure (such as a barn or garage), but the dwelling unit itself shall be limited to one thousand (1,000) square feet. 3. Other provisions of this title will apply to the size and permitting of the larger accessory structure. (Ord. 470, 11-19-2003) C. Agricultural Employee Dwelling Unit: An Agricultural Employee Dwelling Unit is a one-family dwelling unit of up to but not to exceed two thousand (2,000) square feet. Before an Agricultural Employee Dwelling Unit is approved, it must be demonstrated that the property on which the dwelling will be located contains a viable "agricultural operation", as defined in Appendix A of this Title. An Agricultural Employee Dwelling Unit shall be located in reasonable proximity to the primary residential dwelling unit as determined through the conditional use review. An Agricultural Employee Dwelling Unit can be constructed prior to the primary structure as long as the Conditional Use criteria is satisfied. (Ord. 365, 9- 13-1999) D. Deed Or Restrictive Use Covenant Required: An Accessory Dwelling Unit and an Agricultural Employee Dwelling Unit shall be connected by deed or restrictive use covenant to the principal dwelling unit or structure on the parcel/lot, and shall not be eligible for subdivision/condominiumization and conveyance to another person. (Ord. 278, 5-6-1996) 11-6-6: EQUIPMENT ENCLOSURES, UTILITY STRUCTURES AND RELATED FACILITIES: Equipment enclosures, utility structures, and related facilities shall address the following issues: screening, noise level, odors/air quality, lighting, landscaping, architectural screening/buffering, proximity, etc. The length, size, and architectural character of the proposed structure must be compatible with the residential uses in the area and must comply with the setback requirements for the zone in which it is located. ---PAGE BREAK--- 11-6-6 A. Purpose: The purpose of this section is to ensure that all utility facilities/structures are located, installed, buffered/screened and maintained in a manner that will minimize the impact of such facilities/structures on nearby landowners and will not adversely affect the rural, agricultural, small town character and scenic beauty of Eastern Summit County. B. Application: All applicants wishing to submit an application to construct utility facilities/structures shall: 1) submit to staff the latitude and longitude of proposed utility facilities/structures; 2) meet or exceed the following criteria in addition to the Conditional Use criteria in Section 11-4-5 of this Title: 1. Site Location/Proximity: The equipment enclosures and facilities/structures shall be located in a manner that reduces, to the maximum extent possible, the visibility from any major highway, roadway and/or adjacent development. Such facilities and related uses shall also be required to be consistent with the aesthetics of the neighborhood, and particular care shall be taken to reduce all potential impacts on adjacent residential uses. 2. Site Layout And Design: Such development shall be integrated into the site in a manner that is sensitive to the existing topography, vegetation and any nearby structures, and which utilizes the existing site features, to the maximum extent possible, to screen the facilities from nearby landowners and sensitive view corridors. a. Fencing shall be within five feet or less from structures and allowance of two parking stalls for temporary parking and maintenance requirements within enclosure. Fence setbacks from structures can be varied upon review of application if there are site limitations or applicant maintenance requirements. b. Hard surface and gravel areas outside of proposed structures shall not extend to property boundaries, but shall instead be minimized, to the greatest extent possible, with appropriate landscape buffering as described in Subsection B4 of this Section. 3. Architectural Screening: When appropriate and/or necessary to meet the requirements of Subsection A of this Section, architectural screening shall be utilized to disguise the facilities/structures as typical farm type outbuildings which are consistent with the rural, agricultural character of the area. Long, unbroken facades and rooflines shall be avoided as well as the use of industrial type material and finishes. 4. Landscape Buffering: When appropriate and/or necessary to meet the requirements of Subsection A of this Section, landscaping and/or berming techniques shall be utilized to mitigate the visual and other related impacts of utility facilities/structures. Such landscaping and berming shall emulate the natural, rural landscape. All disturbed areas shall be re-vegetated with ---PAGE BREAK--- 11-6-6 11-6-7 appropriate plant materials. Temporary irrigation shall be required for initial establishment and long term support of new landscaping and re- vegetation of disturbed areas. 5. Lighting: Lighting shall be the minimum required for maintenance and security purposes. Fixtures shall be fully shielded with light directed down and shall be controlled by motion detectors such that the lights are off unless needed for maintenance access or tripped on by motion detectors. Flood type area lighting is prohibited. Wall mounted fixtures shall be installed no higher than eight feet above the finished grade immediately below the fixture. 6. Noise: The development shall not generate noise which would result in materially adverse impacts to the adjacent land or its occupants. A noise study may be required to make this determination. 7. Security Fencing: Security fencing shall be as unobtrusive as possible and shall blend in with the surrounding environment. 8. Fuel Storage/Handling: On site fuel storage (for backup generator, etc.) shall be designed for full, backup containment in the event of primary tank failure and/or spillage during refueling. Any and all fuel spills or spills of any hazardous materials shall be immediately cleaned up, removed from the site and disposed of in accordance with all federal, state and local regulations. 9. Outdoor Storage: Outdoor storage of materials and equipment shall be prohibited. 10. Maintenance: At all times, all site improvements, including any required landscaping, fencing, buildings, finishes, etc., shall be maintained to an acceptable standard such that the facilities and related site improvements shall not adversely affect, in a significant manner, the public health, safety and welfare. (Ord. 417, 7-5-2001) 11-6-7: WIRELESS COMMUNICATIONS: A. Purposes: The purpose of this section is: 1. To ensure that all telecommunications facilities comply with federal, state and County regulations. 2. To regulate telecommunications services, antennas and support structures, and related electronic equipment and equipment enclosures. 3. To provide for the orderly establishment of telecommunications facilities in the County. ---PAGE BREAK--- 11-6-7 4. To minimize the number of antenna support structures by encouraging the co-location of multiple antennas on a single structure, and by encouraging the location of antennas on pre-existing support structures. 5. To establish siting, appearance and safety standards that will help mitigate potential impacts related to the construction, use and maintenance of telecommunications facilities. 6. To comply with the Telecommunications Act of 1996 by establishing regulations that: a. Do not unreasonably discriminate among providers of functionally equivalent services. b. Do not prohibit or have the effect of prohibiting the provision of telecommunications services. c. Are not based on any claimed environmental effects of radio frequency emissions to the extent that such facilities comply with the federal communication commission's regulations concerning such emissions. d. Ensure that all utility facilities/structures are located, installed, buffered/screened and maintained in a manner that will minimize the impact of such facilities/structures on nearby landowners and will not adversely affect the rural, agricultural, small town character and scenic beauty of Eastern Summit County. B. General Provisions: 1. Independent Review: The County may, if it deems necessary, cause the applicant to submit an impact study from a qualified, third party radio frequency engineer, to ensure that the proposed telecommunications facility will not interfere with existing radio, television, and emergency signals. The purpose of this review shall be to determine if other sites are available which can achieve an equivalent signal distribution without significantly affecting the existing telecommunication operations within the County. Such review may be required when an applicant indicates that no other acceptable site exists. The cost for such review shall be borne by the applicant. 2. Telecommunication facilities applications shall be permitted in accordance with Section 11-3-13 of this Title. C. Construction Standards: 1. Building Codes and Safety Standards: The ensure the structural integrity of telecommunications facilities, the owner of a telecommunication facility ---PAGE BREAK--- 11-6-7 shall ensure that it is maintained in compliance with the standards contained in applicable building codes and application standards for such telecommunications facilities, as amended. 2. Letter of Intent: All applicants who apply to build a tower shall provide one letter of intent from a telecommunications company that will locate on the tower. D. General Requirements: 1. Setbacks: Telecommunications facility shall be setback 115 percent of the tower’s height from the property line, or they shall meet the zone required setback, whichever is greater. The telecommunication facility shall be at least one hundred feet (100') from any public trail, park or outdoor recreation area. Guy wire anchors shall be set back at least twenty feet (20') from any property line. The CDD or designated planning staff member can approve varied setbacks if the telecommunications facility can be screened more appropriately by topography, vegetation or existing structures; however, the adjacent landowner(s) must sign a written agreement authorizing the decreased setback(s) from their property line(s). If telecommunication facilities are located in commercial or industrial zones or on County owned property, they shall only be allowed in the rear yard. 2. Signage: Signs shall be limited to non-illuminated warning and equipment identification signs, unless additional signs are warranted by the FAA, FCC, or any other agency of the state or federal government with the authority to regulate telecommunications facilities. 3. Access Roads: Access roads shall be limited to ten feet (10’) in width, unless otherwise approved by the Fire District or Summit County Engineering Office because of safety considerations. Access roads shall contain gravel or other non-paved surface. Existing roads shall, whenever possible, be upgraded the minimum amount necessary. 4. Co-Location. An applicant proposing to erect a new telecommunications facility shall provide documentary evidence that a legitimate attempt has been made to locate the new telecommunications facility on existing buildings or structures or as a co-location on an existing antenna support structure. Such evidence shall include a radio frequency engineering analysis of the potential suitability of existing buildings or structures or co- location sites in the radio frequency coverage area for the proposed telecommunications facility. Efforts to secure such locations may be documented through correspondence between the applicant and the property owner(s) of the existing buildings, structures or co-location sites. 5. Equipment Enclosures: Every effort shall be made so that equipment enclosures or other structures are designed whereby the incorporation of ---PAGE BREAK--- 11-6-7 11-6-8 stealth design technology or other visual screening (topography or vegetation) is utilized that readily conceals the appearance of the structure. 6. Master Plan Requirements: A master plan shall be completed by each company submitting an application for a development review. The master plan shall include: a. Where the applicant's proposed, existing and future telecommunication facilities are within the County. The master plan may be amended as needed by the carrier for future site applications. b. The number of possible co-locations that can be obtained on the proposed tower. c. A copy of the applicant's current FCC license. d. A signed agreement, stating that the applicant will: Allow co-location with other users, provided all safety, structural and technological requirements are met. This agreement shall also state that any future owners or operators will allow co-location on the tower; Restore site to its former condition. (See Non-maintained or Abandoned Facilities.) e. A security program or system that addresses unauthorized access and vandalism. 7. Non-maintained or Abandoned Facilities: The Director or designated planning staff member may require each non-maintained or abandoned telecommunication facility to be removed when such a telecommunication facility has not been repaired or put into use by the owner, person having control, or person receiving benefit of such structure within six months after written notice of non-maintenance or abandonment is given to the owner, person having control, or person receiving the benefit of such structure. (Ord. 417, 7-5-2001) 11-6-8: INFRASTRUCTURE STANDARDS: A. Fire Protection Standards: 1. All development, including a single-family dwelling on an individual lot or parcel, which does not have year-round access or is located within the Wildland Fire Urban Interface Zone, is subject to the fire protection ---PAGE BREAK--- 11-6-8 measures required by the 2006 Utah Wildland Fire Urban Interface Code and the respective fire district and/or fire warden. The Wildland Urban Interface (WUI) zone map was developed using the roads to the outside of the valley floors as a simplified boundary. The areas within the valley floors typically have a water supply or are in areas with irrigated fields/modified vegetation and are in the vicinity of maintained roads that lower the wildland fire potential, and are therefore excluded from the WUI zone. Areas within 250 feet of these road centerlines are also excluded from the WUI zone, as fire equipment can typically access these buildings within National Fire Protection Association (NFPA) requirements for hose length. The 250 feet buffer is to be measured from Center line of the road across the ground to the building(s) by way of the normal access provided. For wildland/urban fire requirement purposes, the following criteria shall be used by the applicable Fire District when reviewing development applications in Eastern Summit County: a. Location of building with respect to designated Wildland Urban Interface (WUI) area based on the County and State approved map. b. Response time for responding fire units. c. Access, including road and bridge weight limits. d. Space at the building for sufficient fire equipment to adequately and safely fight or defend the building(s). e. Type and density of vegetation around the buildings. f. Separation of buildings from vegetation as to prevent a building fire from spreading to Wildland. g. Type of road or driveway, length, and grade, as well as type of access (seasonal vs. year-round). h. Distance from established water supply and the ability to get that water to the fire based on pump capacity, access, and space at the building and turn-arounds. Other criteria that shall be used are the following State adopted laws and rules:  The State Fire Code Adoption Act. ---PAGE BREAK--- 11-6-8  Utah Code Subsection 65A-8-203(3)a (RE: cooperative fire protection agreements with counties.)  Utah Administrative Code R652-122-200 Minimum Standards for Wildland Fire Ordinance.  Utah Administrative Code R309-550-5 Water Main Design  2006 Utah Wildland Urban Interface Code.  Other provisions of this Title.  The 2009 International Fire Code (IFC) or newer as adopted by the State of Utah. 2. Based on this review, applicants may be required to enact a variety of measures to minimize the level of fire hazard. The fire protection measures may include the following: a. Connection to a community or private water system, well or spring with a minimum 5,000 gallon water storage tank, pond, or other accessible water body with a dry hydrant. b. Defensible space around each dwelling. c. Non-combustible roofing materials. d. Internal fire sprinkler systems. 3. Based upon specific site characteristics (e.g. a meadow or irrigated field within the WUI zone) and the applicant’s ability to provide an adequate combination of the above listed building or on-site improvements, the fire district may waive certain requirements. a. All applicants for new development shall, at the time of application, acknowledge that they have reviewed the Summit County Living with Fire information pamphlet and consulted the building department, insurance companies, builders and fire districts/fire warden regarding fire protection. B. Wildfire Hazard Guidelines: 1. All proposed developments within the AG-100 and AG-160 zone districts shall be analyzed and rated on its wildfire risk using the fire hazard severity scale developed by the state, division of state lands and forestry. A development shall be rated based on the following criteria. The composite score will categorize the hazard level of the proposed ---PAGE BREAK--- 11-6-8 development as moderate, high, or extreme. This rating, based on the following, shall be submitted to the County as part of any sketch plan: a. Slope of the site on which the development is proposed; b. Aspect, or the general direction in which the surface of the ground faces; c. Response time of the responsible fire agency as measured in minutes; d. Vegetation density to measure the fuel loading of the area; and, e. Type of vegetation to identify rates of spread, resistance to control and other factors. 2. Hazardous fuels in the form of native vegetation will be cleared around structures and around the perimeter of subdivisions where appropriate to assist in wildfire prevention. Fuel breaks are not intended as complete vegetation removal; but rather, they shall serve as a change in fuel continuity, type of fuel, and degree of flammability of fuel in a strategically located area to reduce or hinder the rate of fire spread. The amount of vegetation to be removed/left within a fuel break area shall be recommended by the appropriate fire district. Fuel breaks around residential dwelling units shall be in place before the issuance of a certificate of occupancy. 3. Fuel break clearing limits shall be as follows: Type Moderate High Extreme Structures 30 feet 50 feet 75 feet Development perimeter None 75 feet 100 feet 4. As part of a recorded plat for a subdivision in the AG-100 and AG-160 zone districts, fuel break easement shall be identified and a note shall be placed on the plat stating the following: The fuel break easement is granted for the benefit of the Utah state area forester. Fuel breaks shall be maintained by the landowner or homeowners' association. Failure of the landowner to maintain the fuel break shall cause the area forester to cause the maintenance of the fuel break and charge the landowner for costs incurred. C. Road Standards: Public and private roads in subdivisions shall meet the following minimum right-of-way, surface and shoulder width standards. Road surfaces shall be capable of providing all weather, year around access as approved by the appropriate fire district and the County. ---PAGE BREAK--- 11-6-8 1. Width of Surface: Design Volume Design Speed <25 25-25 251-699 [PHONE REDACTED]-2499 2500-5000 5000+ 20 mph 14 16 20 22 22 24 24 30 mph 16 18 20 22 22 24 24 40 mph 18 20 22 22 22 24 24 50 mph 20 22 22 22 24 24+ Roads designed to carry a large traffic volume per day at higher speeds maybe required to be wider than described. This will be based on a determination of the specific design volume, speed, terrain and other characteristics to be calculated at the time of development application. Public roads, to be owned and maintained by the County, shall be a minimum of twenty four feet (24') of paved surface width. 2. Width of Shoulder: Design Volume Design Speed <25 25-250 251-699 [PHONE REDACTED]-2499 2500-5000 5000+ All Speeds 1’ to 2’ 1’ to 4’ 2’ to 4’ 2’ to 6’ 2’ to 6’ 2’ to 6’ 2’ to 8’ Shoulders may be required to be compacted road base, asphalt or other suitable hard surface, or a combination thereof. 3. Width of Right-of-Way: The minimum right-of-way width for a public road shall be sixty feet The requirements may increase as the paved surface width increases due to traffic volumes, as described above. The minimum right-of-way for private roads shall be double the driving surface of the road. D. Road Grades: The maximum road grade of an arterial road shall be eight percent On all other roads, a grade of less than eight percent is encouraged and preferred. However, road grades in excess of eight percent up to a maximum of ten percent may be allowed for short distances when, in the opinion of the County, it is in the best interest of preserving the natural environment and when approved by the appropriate fire district. Short distances shall not exceed five hundred feet (500') within anyone thousand foot (1,000') segment. E. Intersections: The road grade at an intersection shall not exceed four percent for a minimum distance of one hundred feet (100') on each leg of the intersection, and flatter grades are desired. ---PAGE BREAK--- 11-6-8 11-6-9 F. Turnaround/Cul-De-Sacs: Cul-de-sacs will be a maximum of one thousand three hundred feet (1,300') in length for developments with a moderate fire hazard rating, nine hundred feet (900') in high fire hazard rated areas, and five hundred feet (500') in areas of extreme fire hazard. No cul-de-sac shall have a driving surface width of less than twenty feet and twenty four feet (24') from public roads. All cul-de-sacs shall have a turnaround of not less than sixty feet (60') in diameter, or as otherwise approved by the fire district, and ninety feet (90') from public roads. All cul-de-sacs must have a sign indicating that the road is a "dead end" road, to be located within one hundred feet (100') of the outlet. G. Bridges and Culverts: Bridges and culverts on public roads shall be designed to support an HS-20 highway loading requirement. Permanent culverts will be installed at all intermittent and perennial stream crossings. Specifications for bridges, culverts and other stream crossings shall take into account at least the 100-year frequency storm for bridges and the 25-year frequency storm for culverts. H. Driveway Access: The maximum grade of a driveway shall not exceed ten percent Twelve percent (12%) grades may be allowed for up to but not to exceed two hundred fifty (250) lineal feet. The minimum width of a driveway shall be twelve feet I. Irrigation Ditch Easements: An unobstructed easement at least sixteen (16) feet in width, shall be provided and shown on the subdivision plats or site plans, to ensure proper access and maintenance of irrigation ditches and canals. J. Water Storage for Firefighting Purposes: New development shall be required to meet the minimum water storage requirements for firefighting purposes as established by the appropriate fire district. K. Revised Standards Applicable: Development is subject to revised general engineering standards and ordinances which are in effect at the time the application is submitted for review and approval by the County. (Ord. 278, 5-6- 1996). L. Appeals: Appeals of requirements imposed by the North Summit Fire District and the Wildland Fire District (Summit County Fire Warden) are made to the Summit County Council pursuant to the appeals procedure identified in Section 11-7-17 of this Title. Appeals of requirements imposed by the South Summit Fire District are made to the South Summit Fire Commission. 11-6-9: DEVELOPMENT AGREEMENTS: A. Authority: The County may, but under no circumstances is it required, enter into a development agreement with a property owner or applicant for development approval. The County, at its sole discretion, may opt to use a development ---PAGE BREAK--- 11-6-9 agreement when it determines that such an approach to development promotes and protects the public health, safety and general welfare. Development agreements shall be used to implement a specific plan under an SPA zoning designation, as indicated in Section 11-4-4 of this Title. (Ord. 305, 2-241997) B. Binding Agreement: Whenever the County opts to enter into a development agreement, the agreement shall constitute a binding contract between the applicant and the County. It shall contain those terms and conditions agreed to by the applicant and the County. The agreement shall describe all limitations, restrictions and parameters associated with the development of the subject property. The agreement shall describe all processes and procedures for obtaining final approval and building permits. The agreement shall not allow the sale or transfer of individual parcels or components of the entire project unless specifically provided for in the agreement or as otherwise allowed under State law. C. Effect of Approval: Upon approval of the development agreement, it shall constitute a vested right in the specific terms and proposals for a period of five years from the date of the approval, or longer when specifically allowed in the agreement, subject to any conditions agreed to and incorporated into the agreement. D. Criteria for Approval: The criteria for approval are as follows: 1. The development agreement has been duly adopted in accordance with the provisions stated in this section. 2. The development agreement includes written consent by each landowner whose properties are included within the area described. 3. The County Council, after receipt of a recommendation from the Planning Commission and review and consideration of the development agreement, finds that the specific proposals, terms and conditions contained in the agreement promote the intent of the general plan, result in benefits to the general public that would not otherwise occur under the literal application of this title, and provides a more flexible way to more effectively protect the health, safety and general welfare of the public. 4. Development allowed under a development agreement shall comply with the development evaluation standards in Chapter 2 of this Title, the infrastructure standards in Chapter 6 of this Title, and all other criteria described in Sections 11-3-9 and 11-4-4 of this Title. 5. When appropriate, based on the size of the project, the landowner or applicant agrees to, at a minimum, contribute all capital improvements and facilities necessary to mitigate the impacts of the project on the ---PAGE BREAK--- 11-6-9 11-6-10 11-6-11 County and special districts. 6. The landowner or applicant will mitigate all fiscal impacts on the general public. 7. Development shall not be permitted to create unacceptable construction management impacts. 8. While a creative approach to the development and use of the land and related physical facilities may be allowed by a development agreement, all development approved in the agreement shall meet or exceed development quality objectives of the General Plan and this Title, and the development quality and aesthetic objectives described in the Snyderville Basin General Plan and Title 10 of this Code when the proposed development is adjacent to the Snyderville Basin planning district. 9. The development shall be consistent with the goal of orderly growth and minimize construction impacts on public infrastructure within Eastern Summit County. 10. The development shall protect life and property from natural and manmade hazards. 11. The development shall prevent harm to neighboring properties and lands, including nuisances. E. Procedure for Approving Agreements: All development agreements shall be reviewed and approved in accordance with the procedures for a specially planned area, as described in Section 11-3-9 of this Title. (Ord. 278, 5-6-1996) 11-6-10: RE-APPLICATION FOLLOWING DENIAL: If any application for development approval is denied for failure to meet the substantive requirements of this title, an application for all or a part of the same property shall not be considered for a period of one year from the date of denial unless the subsequent application for development is substantially different from the previously denied proposal. (Ord. 278, 5-61996) 11-6-11: REVOCATION OF APPROVALS AND/OR PERMITS: A. Authority: An approval or permit may be reconsidered and revoked by the land use authority that granted the permit in accordance with the procedures set forth herein if it is determined that the application, decision, approval or permit was ---PAGE BREAK--- 11-6-11 11-6-12 based on materially inaccurate or incomplete information, or where the applicant is in violation of the issued permit or approval. B. Duties of CDD; Hearing: If the CDD determines, based on inspection by County staff, that there are reasonable grounds for revocation of a development permit approval authorized by this Title, the CDD shall set a hearing before the land use authority that granted the permit. C. Notice and Public Hearing: Reasonable notice of the proceeding to revoke the development permit or approval shall be given to the applicant. D. Required Findings: The land use authority may revoke the development permit upon making one or more of the following findings: 1. That the development permit was issued on the basis of erroneous or misleading information or misrepresentation provided by the applicant; 2. That the terms or conditions of approval of the permit relating to establishment or operation of the use approved have been violated or that other laws or regulations of the County, State, Federal or regional agencies applicable to the development have been violated. E. Decision and Notice: Within ten (10) working days of the conclusion of the hearing, the land use authority shall render a decision, and shall notify the holder of the permit and any other person who has filed a written request for such notice in the manner provided herein. F. Effect: A decision to revoke a development permit shall become final ten (10) days after the date notice of the decision was given. After such effective date, all activities pursuant to such permit thereafter shall be deemed in violation of this Title. G. Right Cumulative: The County's right to revoke a development permit, as provided in this Section, shall be cumulative to any other remedy allowed by law. Where an applicant is in violation of his permit, the County may deem it a violation of this Title and proceed under Section 11-7-14 of this Title. 11-6-12: FAILURE TO COMPLY WITH CONDITIONS: Approval of any development may be made with or without conditions, and the failure to fully abide by the terms of any conditional approval will result in a forfeiture of any vested property right associated with the development approval. (Ord. 278, 5-6-1996) ---PAGE BREAK--- 11-6-13 11-6-14 11-6-13: EFFECTIVE PERIOD OF APPROVALS: A. Sketch Plan Review: Upon the completion of a sketch plan review, a formal development application, as required in this title, shall be submitted within six months from the completion of the sketch plan review. B. Preliminary Plan: The approval of a preliminary plan, when required in this title, shall be effective for a period of one year from the date of its approval. At the end of the one year period, the applicant shall have submitted a complete application for final development review. If a complete final plan application is not submitted within one year, the preliminary approval shall be considered null and void, and the applicant shall be required to submit a new sketch plan and development application in accordance with the provisions of this Title and General Plan in effect at that time. C. Final Plan; Vested Right: Upon approval of any final plan/plat, it shall constitute a vested right in the specific terms and proposals identified in the approval for a period of one year from the date of the approval, at which time the final plat shall be recorded in the office of the County Recorder. This provision reflects the County Council’s position that no developer has a vested right in perpetuity, and that in the interest of the health, safety and general welfare, developers must proceed with development approvals with due diligence. Therefore, development projects, including subdivision plats and site plans, which were approved before May 6, 1984, in which no development has taken place, are not entitled to vested rights under this title. The establishment of a vested right does not exempt the property owner from requirements for building permits or other necessary permits. The establishment of a vested right shall not preclude the application from the requirements of the building code, fire code, plumbing code, electrical code, mechanical code or other requirements necessary for the protection of the public health, safety and welfare. (Ord. 278, 5-6-1996) D. Development Permit Extension: One six month extension of a development permit may be granted by the CDD upon his finding that special circumstances exist which warrant such an extension, including, but not limited to, a delay caused by a government review agency or natural disaster. 11-6-14: COMPLETION OF IMPROVEMENTS: A. Financing: Installation of the improvements required in a development or development phase shall be guaranteed by: 1. Installation of all required and represented improvements with an approved improvement agreement prior to the filing of a final plat or final site plan; or ---PAGE BREAK--- 11-6-14 2. Provision of security for installation of improvements. B. Warranty: All improvements shall be warranted by the applicant for two full years normal operation. The County shall either retain ten percent (10%) of the bond or escrow total, or require a bond or escrow equal to ten percent (10%) of the required total improvement costs to be maintained for twenty four (24) months from the date of completion and acceptance of the improvements by the County as warranty should the improvements be defective during the twenty four (24) month period. C. Maintenance of Private Improvements: Improvements affecting/serving more than one lot and which shall be held privately shall be assigned to an appropriate homeowners' association in a dedication, contract, covenant, or other agreement. D. Revocation: Failure to properly install, warranty or maintain all required improvements shall result in the suspension or revocation of a development approval or certificate of occupancy. E. Improvement Agreement and Guarantee of Completion of Public Improvements: 1. Improvement Agreement: The developer shall enter into an improvement agreement incorporating approved development plans. The developer shall complete all required improvements no later than twenty-four (24) months following the date upon which the final plat is approved. The improvement agreement shall be approved by the County Manager. The County Manager may also require the property owner to complete and dedicate some required improvements prior to any final approval and enter into an improvement agreement for completion of the remainder of the required improvements during such period. The improvement agreement shall contain such other terms and conditions as are agreed to by the property owner and the County. 2. Covenants to run with the Land: The improvement agreement shall stipulate that the covenants contained therein shall run with the land and bind all successors, heirs and assigns. The improvement agreement shall be recorded in the office of the County Recorder and on file in the Community Development Department. All existing lien holders shall be required to subordinate their liens to the covenants contained in the improvement agreement. 3. Security: Whenever the County permits a developer to enter into an improvement agreement after any final approval, it shall require the developer to provide sufficient security to ensure completion of the required public improvements. In addition to all other security, for completion of those public improvements where the County participates in the cost, the owner shall provide a performance bond from the contractor, with the County as a co-obligee. The issuer of ---PAGE BREAK--- 11-6-14 any surety bond and letter of credit shall be subject to the approval of the County Attorney. The security shall be in the form of either: a. A letter of credit, in the amount of one hundred twenty percent (120%) of the estimated cost of improvements, drawn upon a state or national bank. Said letter of credit shall be irrevocable, of a term sufficient to cover the completion, plus sixty (60) days, including warranty periods, and require only that the County present the issuer with a signed draft and a certificate signed by an authorized representative of the County certifying to the County's right to draw funds under the letter of credit; or b. The establishment of an escrow account or a bond for one hundred twenty percent (120%) of the estimated cost of the improvements, with a guarantee that all improvements shall be installed within two years or the account or bond will be called by the County to complete the improvements. Acceptable escrow agents shall be the County Treasurer's Office, or banks or savings institutions which are federally insured. The two year deadline may be extended by the County upon a showing of sufficient cause by the developer. But, no additional phase of the development shall be permitted during such an extension. 4. Release of Security: As portions of the public improvements are completed in accordance with the improvement agreement, County regulations, and the approved development plans, the developer may make application to the County Engineer to reduce the amount of the original letter of credit or cash escrow. If the County Manager is satisfied that such portion of the improvements has been completed in accordance with County standards, he/she may cause the amount of the letter of credit or cash escrow to be reduced by an amount deemed appropriate, so that the remaining amount of the letter of credit or cash escrow adequately insures the completion of the remaining public improvements. 5. Governmental Units: Governmental units to which these contract and security provisions apply may file, in lieu of the security, a certified resolution or ordinance from offices or agencies authorized to act in their behalf, agreeing to comply with the provisions of this section. F. Failure to Complete Improvements: If improvements are not completed within the period specified by the County for which no improvement agreement has been executed and no security has been posted, the final plat or site plan approval shall be deemed to have lapsed and shall be null and void, and further proceedings on the plat or site plan shall terminate. In those cases where an improvement agreement has been executed and security has been posted and required public improvements have not been installed within the terms of the ---PAGE BREAK--- 11-6-14 agreement, the County may: 1. Declare Default: Declare the agreement to be in default and require that all the public improvements be installed regardless of the extent of completion of the development at the time the agreement is declared to be in default; 2. Obtain Funds: Obtain funds under the security and complete the public improvements itself or through a third party; 3. Assign Rights: Assign its right to receive funds under the security to any third party, including a subsequent owner of the subdivision for which public improvements were not constructed, in whole or in part, in exchange for that subsequent owner's promise to complete the public improvements on the tract; or 4. Other Rights Available: Exercise any other rights available under the law. G. Temporary Improvements: The developer shall build and pay for all costs of temporary improvements required and shall maintain those temporary improvements for the period specified in the final approval. Prior to construction of any temporary facility or improvement, the developer shall file with the County a separate improvement agreement and escrow, or, when authorized, a letter of credit in an amount equal to one hundred twenty percent (120%) of the estimated cost of installation and removal of such temporary facilities. The agreement and escrow or letter of credit shall ensure that the temporary facilities will be properly constructed, maintained and removed. H. Acceptance of Dedication Offers: Acceptance of formal offers of dedication of roads, public areas, easements and other facilities shall be by application to the CDD or designated planning staff member or County Engineer. The approval by the County Manager of a plat or site plan, whether preliminary or final, shall not by itself be deemed to constitute or imply the acceptance by the County of any road, easement or facility shown on the plat or site plan. I. Inspection of Public Improvements: 1. General Procedure: The developer shall be responsible for providing all construction surveying, materials testing and construction administration. The construction inspection provided by the developer shall be supervised by the County Engineer. Construction shall be in accordance with the approved plans and standard specifications and details adopted by the County. Any change in design shall first be approved by the County Engineer. If the County Engineer finds upon inspection that any of the required improvements have not been constructed in accordance with the County's construction standards and specifications, the developer shall be responsible for completing and/or correcting the improvements. ---PAGE BREAK--- 11-6-14 11-6-15 2. Certificate of Satisfactory Completion: The County will not accept dedication of a required public improvement until the developer's engineer or surveyor has certified to the engineer, through submission of a detailed as built survey plat of the property, the location, dimensions, materials and other information required by the County Manager. The as built survey shall also include a complete set of drawings of the paving, drainage, water, sanitary sewer or other public improvements, showing that the layout of the line and grade of all public improvements is in accordance with construction plans for the plat or site plan. Each as built sheet shall show all changes made in the plans during construction and on each sheet there will be an as built stamp bearing the signature of the County Engineer and date. 3. Acceptance of Improvements: The developer's engineer shall provide to the County two reproducible drawings and a CAD drawing file compatible to the County's CAD system, of each of the utility plan sheets containing the as built information. When such requirements have been met, and verified by the County Engineer and the CDD or designated planning staff member, the County shall thereafter accept the public improvements for dedication in accordance with the established procedure as set forth in this section. Acceptance of the development shall mean that the developer has transferred all rights to that public improvement to the County for use and maintenance. The County Manager may, at his/her discretion, accept dedication of a portion of the required public improvements, provided adequate surety has been given for the completion of all of the required public improvements. (Ord. 278, 5-6-1996) 11-6-15: CONSTRUCTION PLANS: A. Required; Scale: Construction plans shall be prepared for all required improvements and two copies (24" x 36" paper size) shall be submitted to the CDD or designated planning staff member. Plans shall be drawn at a scale of no more than one inch equals fifty feet = 50'), and map sheets shall be of the same size as the plat. The following shall be shown: 1. Profiles showing existing and proposed elevations along centerlines of all roads. Where a proposed road intersects an existing road or roads, the elevation along the centerline of the existing road or roads within one hundred feet (100') of the intersection shall be shown. Approximate radii of all curves, of tangents, and central angles of all roads shall be shown. ---PAGE BREAK--- 11-6-15 2. The CDD or designated planning staff member may require, where steep slopes exist, that cross sections of all proposed roads be provided at one hundred foot (100') stations. The cross sections shall extend at right angles from the centerline to twenty five feet (25’) beyond the catch point of the cut or fill slope. The cross section shall indicate the location of the property lines (right-of-way lines). 3. Plans and profiles showing the locations and typical cross section of road pavements, including curbs and gutters, sidewalks, drainage easements, servitudes, rights of way, manholes, and catch basins; the location of road lighting standards, and road signs; the location, size, and invert elevations of existing and proposed sanitary sewers, storm water drains, and fire hydrants, showing connection to any existing or proposed utility systems; and exact location and size of all water, gas, or other underground utilities or structures. 4. Location, size, elevation and other appropriate descriptions of any existing facilities or utilities, including, but not limited to, existing roads, sewers, drains, water mains, easements, water bodies, streams, and other pertinent features such as swamps, railroads, buildings, features noted on the General Plan at the point of connection to proposed facilities, utilities within the subdivision, the water elevations of adjoining lakes or streams at the date of the survey, and the approximate high and low water elevations of such lakes or streams. All elevations shall be referred to the USGS datum plane. If the subdivision borders a lake, river or stream, the distances and bearings of a meander line established not less than twenty feet (20') back from the ordinary high water mark of such waterways. 5. Topography at the same scale as the sketch plan with contour intervals of two feet referred to sea level datum. All datum provided shall be latest applicable U.S. coast and geodetic survey datum and should be so noted on the plat. 6. All specifications and references required by the County Construction Standards and Specifications, including a site grading plan for the entire subdivision. 7. Notation of approval as follows: Owner Date County Manager, Date ---PAGE BREAK--- 11-6-15 8. Title, name, address and signature of professional engineer and surveyor, and revision dates. B. Construction Plan Review: 1. General Application Requirement: Construction plans shall be prepared by or under the supervision of a professional engineer or architect registered in the state as required by State law governing such professions. Plans submitted for review by the County shall be dated and bear the responsible engineer's or architect's name, registration number and the designation of "professional engineer", "PE" or "architect", and an appropriate stamp or statement identifying that the documents are for preliminary review and are not intended for construction. Final plans acceptable to the County shall bear the seal and signature of the engineer or architect and the date signed on all sheets of the plans. Public improvements in roads, alleys, rights of way or easements shall be designed by a professional engineer registered in the State. 2. Construction Plan Review Procedure: Copies of the construction plans and the required number of copies of the plat or site plan shall be submitted to the CDD or designated planning staff member for final approval prior to submittal of a final plat or site plan. The plans shall contain all necessary information for construction of the project and other special features. Each sheet of the plans shall contain a title block, including space for the notation of revisions. This space is to be completed with each revision to the plan sheet and shall clearly note the nature of the revision and the date the revision was made. The County Engineer will release the plans for construction, subject to approval of the final plat or site plan by the County Manager and payment of all necessary fees. Upon such release, each contractor shall maintain one set of plans, stamped and signed by the County, on the project at all times during construction. 3. Preconstruction Conference: The County Engineer may require that all contractors participating in the construction shall meet for a preconstruction conference to discuss the project prior to beginning work. 4. Conditions Prior to Authorization: Prior to authorizing construction, the Engineer shall be satisfied that the following conditions have been met: a. The subdivision plat or site plan shall have been approved as required in this Title. b. All required contract documents shall be completed and filed with the County Engineer. ---PAGE BREAK--- 11-6-15 11-6-16 c. All necessary off site easements or dedications required for public facilities not shown on the final plat or site plan must be conveyed solely to the County, or other agency approved by the County, with proper signatures affixed. The original documents and filing fees as determined by the CDD or designated planning staff member, shall be delivered to the County Engineer prior to approval and release of the construction documents. d. All contractors participating in the construction shall be presented with a set of approved plans bearing the stamp of release of the County Engineer. These plans shall remain on the job site at all times. e. A complete list of the contractors, their representatives on the site, and telephone numbers where a responsible party may be reached at all times must be submitted to the County Engineer. f. All applicable fees must be paid to the County. 11-6-16: ISSUANCE OF BUILDING PERMITS: A. Water, Sewer and Access Requirements: A building permit will not be issued for a new dwelling unit or commercial or industrial structure until all water, sewer/septic and access requirements are met. B. Address: An address in conformance with the County addressing system must be assigned before issuance of a building permit. C. Lot Conformance: Before a building permit can be granted to any property, the parcel/lot shall lawfully conform to all applicable provisions of this title (lot of record). There are parcels/lots within Eastern Summit County that while their existence may be recorded in the office of the County Recorder, were not lawfully created in accordance with the laws of the County. The County will not issue a building permit for such parcels/lots. D. Memorandum of Understanding: A memorandum of understanding shall be executed in conformance with Section 11-1-2 or Section 11-1-7 of this Title, whichever is applicable, before issuance of a building permit. E. Prior to Completion and Acceptance of Improvements: Building permits may be issued for construction in subdivisions and other projects prior to the completion and acceptance by the County of the required property improvements, provided minimum access and safety standards can be met and a bond or escrow fund is estimated and established for the required infrastructure. In such cases, the CDD or designated planning staff member may require that the applicant for ---PAGE BREAK--- 11-6-16 building permit sign a statement indicating the following: 1. The applicant is aware of the terms of the bond or escrow account established to guarantee completion of required improvements to the satisfaction of the County. 2. There may be private infrastructure improvements required in the subdivision or project area, which may not be complete, over which the County has no influence or authority regarding completion of work and that the applicant accepts the associated risk. 3. The applicant releases the County from liability for installation, maintenance or repair of the required public improvements until the same have been completed by the developer or under the terms of the escrow agreement, and accepted by the County. 4. The applicant assumes all risk in connection with construction on the subject property. (Ord. 278, 5-6-1996) F. Site Plan Requirements: Three copies of a site plan, a minimum size of 11" x 17" (must be legible) and a maximum size of 36" x 48" shall be submitted with all building permit applications for all new construction, including additions, accessory buildings, and garages. 1. If any of the following criteria apply, the site plan shall be prepared by a licensed Surveyor, Architect, Landscape Architect, or Engineer, registered in the State of Utah: a. Parcels/lots that contain a designated building pad identified on a subdivision plat. b. Building Areas or Building Pads having an average grade steeper than 5% (some elevation information may be required to verify grade). c. Proposed structure heights greater than twenty eight feet d. Proposed structure setbacks closer than three feet to the required setback line, excluding decks, lean-tos, or other similar structures. Agricultural exempt buildings that comply with Section 58-56-4 of the Utah Code Annotated are excluded from these site plan requirements. However, agricultural exempt buildings closer than three feet to the required setback line or are greater than twenty-eight feet (28’) in height will require an inspection ---PAGE BREAK--- 11-6-16 by the Community Development Department to ensure that setback and height requirements for the zone district in which they are located are being met. e. Parcels/lots that do not have existing property corners set by a licensed Surveyor. 2. When the site plan is required to be prepared by a licensed Surveyor, Architect, Landscape Architect, or Engineer, each copy shall be wet stamped by each professional involved in its preparation. Red-line corrections/additions to the site plan or elevation page items may be accepted if determined by staff to be minor in nature. All corrections shall be approved by the person who stamped the site plan. The site plan shall contain the following information: a. Scale. b. North Arrow. c. Information box showing the name of the applicant, subdivision and lot number or parcel number (tax i.d. address, Section, Township, and Range, acreage (or square footage) of the lot or parcel. d. Map of the parcel. For parcels larger than 1 Acre, provide larger than 1 acre, provide large scale drawing of the entire parcel (ie. vicinity map,1”=100’), with bearing and distance calls, and a smaller scale detailed map of the area of the parcel being developed. The map shall contain the following minimum information: Property lines, designated building pad, platted setback lines, rights-of-ways and easements, all adjacent streets/roadways. Proposed setbacks of all new structures to the property lines. A topographical map, prepared by a licensed Surveyor including both existing and proposed contours. Two foot minimum contour intervals are required for all parcels/lots which have an average grade greater than 5% (some elevation information may be required to verify grade) and/or structure heights that exceed 28' (measure from the ridgeline to existing grade). Existing contours much be shown through the proposed structures. For lots/parcels one acre or less in size, contours are required for the entire lot/parcel. ---PAGE BREAK--- 11-6-16 For lots/parcels greater than one acre in size, contours are required 100' on each side of all proposed structures and all other areas of disturbance proposed for the lot/parcel, such as the driveway, accessory structures and yard areas. The contour map must include the opposite side of any existing roadway adjacent to the property. One fixed point near the proposed construction labeled "Benchmark" showing the elevation. The point may be a manhole cover, fire hydrant, or survey pin set so that it cannot be removed. The elevation of the point must be identified on a stake placed at or near the point. All elevations for the structure and driveway shall be referenced from the Benchmark. All existing and proposed improvements including structures, driveways, and retaining walls. . All drainage ways, ditches, streams, and wetlands within 200' of any proposed structure, area of disturbance and driveway, even if located on an adjoining parcel/lot. The footprint of proposed structures. The footprint shall show roof ridge lines and their elevations. The proposed driveway width. (10) Proposed elevations, including: Top of the foundation walls at four major corners. Roof ridge elevation(s) from existing grade. Garage floor elevations. Center of the driveway at the street, at 20' from the street, at each grade break and at the edge of the "flat" parking area outside the garage. (11) An Erosion Control Plan including: Perimeter controls (straw wattle, straw bales, silt fence) on the downhill side of all disturbed areas when required by Summit County Code. ---PAGE BREAK--- 11-6-16 Stabilized construction access. Protection measures of adjoining drainage features including storm drain, ditches, streams, etc. (12) Construction Mitigation Plan that identifies the location of dumpster(s), portable toilet(s), material storage, and parking. The following notes shall be on the plan: Construction parking/traffic may not block the street without a permit. Mud tracked onto the street must be cleaned prior to the end of the workday. The construction site must be maintained in a neat manner. Trash and other debris may not accumulate outside the dumpster. Roadside parking is not allowed from November 1st thru April 1st. 3. Site Plan Certification. When a site plan is prepared by a licensed Surveyor in conjunction with an Architect, Landscape Architect, and/or Engineer, the site plan must be certified by each of the professionals preparing the site plan for that portion of the plan that is their responsibility. The parcel/lot survey prepared and certified by the licensed Surveyor, including topography may be submitted on a separate sheet from the site plan prepared by the Architect, Landscape Architect, and/or Engineer; however, all survey information from the parcel/lot survey shall be included on the site plan. a. A form of the following Certifications must appear on the parcel/lot survey and/or site plan. Surveyor Certificate I, do hereby certify that I am a licensed Professional Land Surveyor registered in the State of Utah, license no. as prescribed under the laws of Utah. I further certify that a survey of the land shown and described herein, and that the representation shown on the site plan is a correct representation of the land surveyed and has been prepared on conformity with the minimum standard and requirements of the Law. Signature (over seal) Date ---PAGE BREAK--- 11-6-16 Architect/Landscape Architect/Engineer Certificate I, do hereby certify that I am a licensed Architect/Landscape Architect/Engineer registered in the State of Utah, license no. as prescribed under the laws of Utah. I further certify that I am fully responsible for the design of the structure(s), structure location(s), driveway, drainage, and other improvements/development to the land shown on the site plan. Signature (over seal) Date 4. Two copies of the building elevations pages must be submitted with all building permit applications. Plans shall provide elevation views of all four sides of the building. These views shall identify where the existing and proposed grade lines will strike the building wall line. Top of foundation, floor lines, eave lines, and ridge lines shall be shown and referenced to the known point on the site plan. 5. Certificate of Survey/Elevation. A Certificate of Survey/Elevation of the structure shall be submitted whenever a site plan is required to be prepared and certified by a licensed Surveyor under the criteria set forth above. The Certificate of Survey/Elevation must be prepared by a licensed Surveyor registered in the State of Utah. The Certificate must be submitted prior to receiving an inspection of the shear wall or the “4-Way”. a. The certificate must verify the elevations of the top of foundation walls/roof ridge elevations with respect to the existing grades and the structure location, with respect to setbacks and shall contain the following information. All property lines and building envelope (if applicable) when the parcel is one acre or less. When the parcel is larger than one acre, the two closest property lines and building envelope (if applicable). Required setback lines. Structure footprint. Dimension lines from the structure to all shown property lines (see 4(a)(1) above). ---PAGE BREAK--- 11-6-16 11-6-17 “As-constructed” top of foundation elevations or top of roof ridge elevations. b. An original wet-stamped copy of the Certificate of Survey/Elevation must be submitted to the Building Department and Engineering Department prior to requesting a sheer-wall inspection. c. A form of the following Certification must appear on the Survey. Certificate of Survey/Elevation I, do hereby certify that I am a licensed Professional Land Surveyor/Engineer registered in the State of Utah, license no. as prescribed under the laws of Utah. I further certify that I have reviewed the plans for Permit No. located at (street address) on Lot of the Subdivision and have surveyed the property to verify that the structure is situated on the lot as shown on this map. I further certify that the elevations of the foundation walls and roof ridges are as shown on this map. Signature (over seal) Date 11-6-17: PROJECT CLOSURE DUE TO INACTION: A. Recognizing the length of the planning review process will vary with the size and complexity of each proposal, applicants must move their applications either to approval or denial in a reasonably expeditious manner. The County may close applications which remain inactive for nine months or longer due to acts of omissions by the applicant. 1. When the CDD or designated planning staff member determines an application inactive, he/she may close the files with respect to the application. No application may be closed on the basis of inaction without giving 21 calendar days certified written notice to the applicant. Such notice must state the intent of the CDD or designated planning staff member to have the project closed because of inaction and what the applicant must submit in order to maintain an active file status. 2. An application shall be deemed inactive and subject to closure on the ---PAGE BREAK--- 11-6-17 11-6-18 basis of inactivity if, through the act or omission of the applicant and not the County: a. More than nine months have passed since the last meeting of Staff and the applicant. b. More than nine months have passed since a request for additional information was made by Staff, which request has not been complied with or reasons for non-compliance are not stated or indicated by the applicant. c. The applicant is more than thirty (30) days in default of the payment of any fee assessed by ordinance. d. The applicant has stated intent to abandon the project. Delays caused entirely by internal delays of the CDD or designated planning staff member, Planning Commission, County Manager, County Council, or Board of Adjustment shall not be a cause for file closure. 11-6-18: RESIDENTIAL CARE FACILITIES FOR ELDERLY OR DISABLED: A. A Residential Care Facility for the elderly or disabled may be established unless: 1. A Conditional Use Permit has been issued; 2. Development review and approval of a final site plan has occurred and a building permit has been issued. B. Residential Care Facilities shall be permitted in accordance with the Chart of Allowed and Conditional Uses provided they are: 1. Licensed or certified by the Department of Human Services; 2. Reasonably dispersed throughout the County and the facility is not within three-fourths (3/4) of a mile of another Residential Care Facility for elderly persons or disabled; 3. Limited by the number of occupants with a minimum of four occupants. The maximum number of occupants shall be determined by the amount of bedrooms with no more than two occupants per bedroom; 4. The facility is capable of use as a Residential Care Facility without structural alterations to an existing building or landscaping that would ---PAGE BREAK--- 11-6-18 change the structure’s residential character or impose adverse impacts to the residential neighborhood; 5. The traffic flow will not negatively impact the existing residential neighborhood and adequate off-street parking space has been provided in accordance with the provisions of this Title; 6. No person being treated for alcoholism or drug abuse will be placed in a residential care facility for elderly persons; 7. Placement in a Residential Care Facility for disabled and elderly persons is on a strictly voluntary basis and is not part of, or in lieu of, confinement, rehabilitation or treatment in a correctional facility. ---PAGE BREAK--- ---PAGE BREAK--- 11-7-1 11-7-2 CHAPTER 7 GENERAL PROVISIONS SECTION: 11-7-1: Short Title 11-7-2: Statement of Purpose 11-7-3: Applicability 11-7-4: Development Review Fees 11-7-5: Planning Commission 11-7-6: Joint Planning 11-7-7: Board of Adjustment 11-7-8: Conflict 11-7-9: Effect on Previous Ordinances 11-7-10: Penalty 11-7-11: Interpretation 11-7-12: Severability 11-7-13: Vested Rights Determination 11-7-14: Enforcement 11-7-15: Violations and Penalties 11-7-16: Remedies 11-7-17: Appeal Procedures 11-7-1: SHORT TITLE: This title shall be known as THE EASTERN SUMMIT COUNTY DEVELOPMENT CODE, and is referred to herein as "this Title". (Ord. 278, 5-6-1996) 11-7-2: STATEMENT OF PURPOSE: A. The Eastern Summit County General Plan (hereafter referred to as "the General Plan"), was developed to ensure that the rural, agricultural and small town character of the eastern portion of the county shall remain. It is the intent of the county, in adopting this Title, to fully exercise all of the powers granted to it by the provision of Utah Code Annotated Title 17, for the appropriate regulation of development and changes and improvements to land use within the eastern portion of the county. B. The intention of the county is to assure the managed, proper and sensitive development of land and to protect and enhance the rural, agricultural and small town qualities and lifestyle that exist. This Title is intended to allow development in a manner that encourages the preservation of agricultural lands; the logical and appropriate growth of the incorporated towns in Eastern Summit County; is ---PAGE BREAK--- 11-7-3 11-7-4 11-7-5 flexible with regard to location so long as a land use is compatible with its surroundings; preserves the natural resources; secures economy in county and municipal expenditures in providing adequate transportation, public safety, and other public services; and promotes a diverse population and economy. This Title seeks to prevent or minimize development where it will otherwise increase potential dangers to life and safety of existing and future residents; adversely influences critical wildlife habitats and environmentally sensitive areas; requires substantial expenditures by the county to serve and protect and detracts from the rural, agricultural and small town character of Eastern Summit County. (Ord. 278, 5-6- 1996) 11-7-3: APPLICABILITY: This Title and the Zone District Map shall be applicable to the geographic portion of the county commonly referred to as Eastern Summit County, inclusive of the whole of the county, except the Snyderville Basin, which coincides with the Park City School District boundary. 11-7-4: DEVELOPMENT REVIEW FEES: From time to time the County Council may establish fees to be paid by applicants to the county for the purpose of covering specific county costs incurred during the review and processing of an application hereunder. The amount to be charged by the county shall be established by resolution of the County Council. (Ord. 278, 5-6-1996) 11-7-5: PLANNING COMMISSION: A. Creation: 1. There is hereby created an Eastern Summit County Planning District; consisting of the area described in Section 11-7-3 of this Chapter. 2. There is hereby established an Eastern Summit County Planning District Planning Commission ("Planning Commission"). B. Powers and Duties: The Planning Commission shall have the following powers and duties: 1. To prepare or cause to be prepared a General Plan or element thereof and to recommend the proposed General Plan or element to the County Council; ---PAGE BREAK--- 11-7-5 2. To prepare or cause to be prepared amendments to the General Plan or elements thereof and to recommend the amendments to the County Council; 3. To review and make recommendations to the County Council in regard to amendments to the Zone District Map; 4. To initiate, hear, review and make recommendations to the County Council on applications for amendments to this title; 5. To initiate a subpoena to compel documents and testimony required in the normal processing and review of matters pertaining to the Planning Commission; 6. To hear, review and approve or disapprove all applications for conditional uses and long term temporary uses. To hear, review and recommend approval or disapproval of all applications for minor subdivision of property, cluster bonus/agricultural preservation subdivisions, major development review, development agreements or other procedures identified in this Title, in accordance with the rules and regulations established by the County Council and as stated in this Title; and 7. To adopt bylaws, policies, procedures and regulations for the conduct of its meetings, the consideration of applications for development approval, and for any other purposes deemed necessary for the functioning of the Planning Commission; provided, however, that the bylaws, policies, procedures and regulations shall be consistent with this title and shall be approved by the County Manager before taking effect. C. Qualifications for Membership: Members of the Planning Commission shall be residents of the Eastern Summit County Planning District for one year prior to appointment and shall remain a resident of the Eastern Summit County Planning District throughout their term. D. Membership; Appointment, Terms, Removal, Vacancies and Compensation: 1. The Planning Commission shall be composed of seven members to be appointed by the County Council. Any vacancy in the membership of the Planning Commission shall be advertised by posting and publication in a newspaper of general circulation and applications accepted for a minimum of fourteen (14) days following such application and posting. Reappointments of existing Planning Commission members may be made by the County Council. In making appointment to the Planning Commission, the County Council shall assure diversity in the membership of the commission to the extent reasonably practicable by considering all relevant factors such as geographic diversity, occupational diversity, socioeconomic factors, cultural influences, and ---PAGE BREAK--- 11-7-5 other similar criteria. 2. All members of the Planning Commission shall serve at the pleasure of the County Council and may be removed by a majority vote of the County Council. 3. Members may be compensated per diem, based upon meetings attended and reasonable and necessary expenses, as determined by the County Council. 4. All members shall serve a term of three years, except that in the case of the first Planning Commission appointed under the provisions of this section, two members shall be appointed for an initial term of one year, two members shall be appointed for an initial term of two years, and three members shall be appointed for an initial term of three years. Any vacancy created during the term of a member shall be filled for only the remainder of the unexpired portion of that term. No member shall serve more than three consecutive terms, including portions of unexpired terms. 5. At the first meeting held in March, after the appointment of any new members, the members of the Planning Commission shall elect one of its members as Chair and one member as Vice Chair. In the absence of the Chair, the Vice Chair shall act as Chair and shall have all powers of the Chair. The Chair shall serve a term of one year. No member shall serve as Chair for more than two consecutive one year terms. 6. The Chair, or in the Chair's absence the Vice Chair, shall be in charge of all proceedings before the Planning Commission, and shall take such action as shall be necessary to preserve order and the integrity of all proceedings before the Planning Commission. 7. The CDD or designated planning staff member shall maintain attendance records of members. If any member of the Planning Commission shall fail to attend three regular meetings of the Planning Commission within any consecutive three month period, the CDD or designated planning staff member shall immediately file a notification of such nonattendance with the County Manager for placement on the agenda of the County Council. The County Council may, by appropriate action, terminate the appointment of such person and fill the vacancy thereby created as soon as practical. E. Recording Secretary: The CDD or designated planning staff member shall appoint a recording secretary to serve the Planning Commission. The secretary shall keep minutes of all proceedings of the Planning Commission, which minutes shall be a summary of all proceedings before the Planning Commission, attested to by a majority of the members of the Planning Commission voting. In addition, the recording secretary shall maintain all records of the Planning ---PAGE BREAK--- 11-7-5 11-7-6 Commission meetings, hearings and proceedings, the correspondence of the Planning Commission, and a mailing list of persons registering to receive notices of meetings, agendas or minutes and who have paid an annual fee set by the County Council to solely cover the copying and mailing cost for receiving all notices and agendas. F. Planning Commission Staff: The Community Development Department shall be the professional staff of the Planning Commission. G. Quorum and Necessary Vote: No meeting of the Planning Commission may be called to order without a quorum consisting of at least four members of the Planning Commission being present. No business shall be transacted without at least a majority of all members being present. All actions shall require the concurring vote of a majority of the members present, unless stricter voting procedures are established by the Planning Commission. The Chair shall be considered for purposes of establishing a quorum and shall act as a voting member. H. Meetings, Hearings and Procedures: 1. The Planning Commission shall establish a regular meeting schedule. Special meetings, work sessions and field trips for any purpose, may be held at the call of the County Council, County Manager, the members of the Planning Commission or the CDD or designated planning staff member. 2. If a matter is postponed due to lack of quorum, the matter shall be rescheduled to the next regular meeting. The CDD or designated planning staff member shall notify all members and interested parties of the date of the rescheduled matter. (Ord. 278, 5-6-1996) 11-7-6: JOINT PLANNING: In order to provide for coordination and a means to adequately address matters that overlap planning district boundaries, the County Council is authorized to require joint planning meetings for such matters. The CDD or designated planning staff member shall notify the County Council of such matters and the County Council shall then determine whether joint planning sessions are required. The purpose of joint planning meetings is to provide for discussion among Planning Commission members of different planning districts, public officials, developers and the public on various issues related to the matter in question. Notice of such joint planning sessions shall be for the purpose of discussion and education and are not intended to result in any formal recommendation during the joint planning sessions, although information presented at such sessions may be made part of the record of subsequent proceedings of either district Planning Commission related to the matter in question. Upon completion of the joint planning sessions, the Planning Commission shall take action or make a recommendation on ---PAGE BREAK--- 11-7-6 11-7-7 matters as required under this Title. At least one joint planning meeting shall be held annually to provide for discussion and coordination among Planning Commission members of each planning district, the Community Development Department, the County Council, County Manager, and members of the public regarding issues of countywide concern. (Ord. 278, 5-6-1996) 11-7-7: BOARD OF ADJUSTMENT: A. Appointment: The County Manager, with the advice and consent of the County Council, shall appoint five members to the Board of Adjustment for three year terms, or until the member's successor is appointed. Members shall serve no more than three consecutive terms. B. Removal: The County Manager may remove any member for intentional misconduct or neglect of duty. Violation of County policies shall be tantamount to misconduct hereunder, and failure to attend two consecutive Board meetings shall be tantamount to the neglect of duty hereunder. The CDD or designated planning staff member shall immediately file a notification of such nonattendance with the County Manager. The County Manager may, by appropriate action, terminate the appointment of such person and fill the vacancy thereby created as soon as possible for the unexpired term. C. Officers: The members shall annually select a chair and vice chair for one year terms. D. Vacancies: Vacancies on the Board occasioned by removals, resignations, or otherwise, shall be filled for the unexpired term in the same manner as the original appointments. E. Powers and Duties: 1. The Board of Adjustment shall hear and decide: a. Variances from the terms of the zoning provisions established in Chapter 3 of this Title, said variances to be only granted pursuant to the provisions of this Title regarding variances. 2. The Board of Adjustment shall not have the power, jurisdiction or authority to consider any of the following: a. Variances to the standards governing approval of subdivisions, site plans, specially planned area plans, consent agreements, levels of service, or Conditional Use Permits; b. Amendments to the Eastern Summit County General Plan and any element or map thereof, including permissible use of land within any land use category or zoning district; or ---PAGE BREAK--- 11-7-7 11-7-8 11-7-9 11-7-10 c. Variances from the use provisions of the zoning regulations. F. Staff: The Community Development Department shall be and serve as the professional staff of the Board of Adjustment. (Ord. 531, 2-9-2005) G. Meetings: 1. The Board shall meet and conduct business in compliance with the Utah Open Meetings Act, including public notification of meeting places, times, and agenda items. 2. Written minutes of each Board meeting shall be prepared, preserved, and made available for public inspection. 3. The attendance of three or more members of the Board shall constitute a quorum. All official acts of the Board shall be by majority vote of those then present. H. Qualifications for Membership: Members of the BOA shall be residents of the County for one year prior to their appointment and shall remain residents of the County throughout their terms. 11-7-8: CONFLICT: The provisions of this Title are in addition to all other county ordinances and the laws of the state. Whenever a conflict exists, the more restrictive provision shall apply to the extent allowed by law. (Ord. 278,5-6-1996) 11-7-9: EFFECT ON PREVIOUS ORDINANCES: This Title supersedes the Development Code of Summit County, adopted in August 1977, as thereafter amended, and the zoning maps which accompanied said Code. Structures that were lawfully built prior to the adoption of this Title, or for which building permits were issued and on which work commenced as required under the permit shall, to the extent they do not conform to this Title, be considered as legal, non-conforming uses, and shall not be affected. Uses which were not lawfully established under the previous Code and which do not conform to this Title are non-conforming uses, unless this Title is changed in a manner that makes the use conform to this Title. (Ord. 278, 5- 6-1996) 11-7-10: PENALTY: A. Whenever under the provision of the Code an act is prohibited or whenever under these regulations the doing of any act is required or the failure to do any ---PAGE BREAK--- 11-7-10 11-7-11 11-7-12 11-7-13 act is declared to be unlawful, and no specific penalty is provided therefore, each violation of any such provision of this Title shall be a Class C misdemeanor, subject to penalty as provided in Section 1-4-1 of this Code. Each day a violation of these regulations continues shall constitute a separate offense, unless otherwise prohibited. (Ord. 278, 5-6-1996; amd. 2004 Code) B. The County Attorney reserves the right to enforce this Title using any of the remedies provided for in Utah Code Annotated, Section 17-27-1002. (Ord. 278, 5-6-1996) 11-7-11: INTERPRETATION: The Director shall be responsible for interpreting the provisions of this Title. Any final decision of the Director with regard to the interpretation of this Title may be appealed to the County Council. The appeal shall be made in writing no later than ten (10) days of the date of the decision. The appeal shall state the basis of the appeal in detail. The appeal shall be heard by the County Council at a regularly scheduled meeting as soon thereafter as may be practicable. (Ord. 470, 11-19-2003) 11-7-12: SEVERABILITY: The provisions of this Title are declared to be severable, and if any section, provision or part thereof shall be held unconstitutional or invalid, the remainder of this Title shall continue in full force and effect, it being the legislative intent that this Title would have been adopted even if such unconstitutional matter had not been included therein. It is further declared that, if any provision or part of this Title, or the application thereof to any person or circumstances, is held invalid, the remainder of the application thereof to other persons shall not be affected thereby. (Ord. 278, 5-6-1996) 11-7-13: VESTED RIGHTS DETERMINATION: It is the intent of the county to review applications for development that were made prior to the adoption of this title under the provisions of the Code then in effect, so long as the application was determined to be complete prior to this Title. Applications submitted after the effective date hereof shall be reviewed under the provisions herein. The County Council shall develop a procedure for considering any vested rights claims that are affected by the approval of this Title and to effectuate public policy favoring the settlement disputes. Said procedure may include the processing of consent agreements for the settlement of disputes pertaining to vested rights or other legal claims arising from this Title. It is the intent of the county to adjudge vested rights in accordance with state law, and nothing in this section should be read or construed as suggesting a standard different from that provided by such state law. (Ord. 278, 5-6- 1996 ) ---PAGE BREAK--- 11-7-14 11-7-15 11-7-14: ENFORCEMENT: A. Generally: This Title may be enforced by the County by any appropriate means authorized by State law and County ordinances, including, but not limited to, injunctive relief, fines, withholding of building permits and revocation of approvals/permits. B. Duties of CDD: It shall be the duty of the CDD or designated planning staff member to enforce these requirements and to bring to the attention of the County Attorney or his designated agent any violations of this Title. C. Civil Enforcement: Appropriate actions and proceedings may be taken in law or in equity to prevent any violation of this Title, to prevent unlawful construction, to recover damages, to restrain, correct or abate a violation and to prevent illegal occupancy of buildings, structures or premises. These remedies shall be in addition to the penalties described above. D. Stay Order: Notwithstanding any provision of this Title to the contrary, in order to maintain the status quo pending the appeal of any decision hereunder or otherwise, the CDD or designated planning staff member may issue a stay order mandating that all development activities cease in accordance with the terms of the order. Said stay order may be appealed to the County Council within five days of the receipt thereof by an aggrieved person. 11-7-15: VIOLATIONS AND PENALTIES: A. Whenever under the provision of this Title an act is prohibited or whenever under these regulations the doing of any act is required or the failure to do any act is declared to be unlawful, and no specific penalty is provided therefore, each violation of any such provision of this Title shall be a Class C misdemeanor, subject to penalty as provided in Section 1-4-1 of this Code. Each day a violation of these regulations continues shall constitute a separate offense, unless otherwise prohibited. B. The County Attorney reserves the right to enforce this Title using any of the remedies provided for in Utah Code Annotated, Section 17-27-1002. C. Businesses in violation of this Title shall be subject to license revocation proceedings in accordance with the provisions of Title 3, Chapter 1 of this Code. Such business shall also be subject to Conditional Use Permit revocation proceedings in accordance with the provisions of the applicable development code. Where revocations occur, those businesses which are legal non- conforming under the current development code shall thereafter cease to be legal non-conforming uses within the County. ---PAGE BREAK--- 11-7-15 11-7-16 11-7-17 D. Sexually oriented business employees in violation of this Title shall be subject to license revocation proceedings. A hearing shall be afforded to the individual by the county Manager, or by an official whom the Manager may designate. The individual shall be given written notice of the violation and an opportunity to be heard before the County Manager or designated hearing official. E. It shall be unlawful to submit false or materially misleading information on or with a Conditional Use Permit application for an adult/sex oriented facility or business or to fail to disclose or omit information for the purpose of obtaining said permit. F. Prior to any permit or license revocation hearing, as provided for by the applicable Development Code, County Business License Ordinance1, or this Title, a stay of enforcement action shall be granted, pending the outcome of the hearing and subsequent appeals, upon written application to the County by the permit or license holder. 11-7-16: REMEDIES: No person may challenge in District Court a land use decision under this Title until they have exhausted all of their administrative remedies provided herein. Any person adversely affected by any final administrative decision made pursuant to this Title must file a petition for review of that final decision with the District Court within thirty (30) days and comply with all other requirements of Utah Code Annotated, Section 17-27-1001. Failure to comply with this section of the state law divests the District Court of subject matter jurisdiction to review decisions of the county. (Ord. 278, 5-6-1996) 11-7-17: APPEAL PROCEDURES: A. Appeals of administrative, Commission, Board of Adjustment, and County Council actions shall occur as follows in the appeals chart: Decision Maker Action Form of Appeal Appeal Period Appellate Body Comments CDD Form to the CDD 10 Calendar Days County Council If the appeal is for a decision regarding a Building Permit, the Permit shall 1. See title 3, chapter 1 of this code. ---PAGE BREAK--- Decision Maker Action Form of Appeal Appeal Period Appellate Body Comments be stayed until action is taken. Commission Form to the CDD 10 Calendar Days County Council If the appeal is for a decision regarding a CUP, the CUP shall be stayed until action is taken. The County Council has to schedule the appeal within 30 days from the date of the appeal. County Manager Form to the CDD 10 Calendar Days County Council County Manager Amendments to a road within a subdivision, including road vacations. Court Filing 30 Days District Court In accordance with Utah Code, as amended. County Manager Enforcement Actions Court Filing 30 Days District Court In accordance with Utah Code, as amended. County Council Court Filing 30 Days District Court In accordance with Utah Code, as amended. Board of Adjustment Court Filing 30 Days District Court In accordance with Utah Code, as amended. ---PAGE BREAK--- ---PAGE BREAK--- APPENDIX A DEFINITIONS For the purpose of these regulations, certain numbers, abbreviations, terms and words used herein shall be used, interpreted and defined as set forth in this appendix. Where definitions are given in another chapter or section of this title that apply to only that section or chapter, those definitions shall apply first. Unless the context clearly indicates to the contrary, words used in the present tense include the future tense; words used in the plural number include singular; the word "herein" means "in these regulations"; the word "regulation" means "these regulations" the word "Code" means "the Eastern Summit County Development Code" or "this Title". A "person" includes a corporation, a partnership, a limited company, a limited liability company, and an incorporated association of persons such as a club; "shall" is always mandatory; a "building" includes "structure"; a "building" or "structure" includes any part thereof; "used" or "occupied" as applied to any land designed to be used or occupied. ACCESS: The provision of vehicular and/or pedestrian ingress and egress to structures or facilities. ACCESSORY BUILDING: A building upon the same lot (or on a contiguous lot under the same ownership) as the principal building and which is: a) clearly incidental to, and customarily found in connection with, such principal building or use; and b) is operated and maintained for the benefit or convenience of the owners, occupants, employees, customers or visitors of the lot with the principal use. ACCESSORY USE: A use conducted on the same lot as the principal use or structure with which it is associated; and is a use which is clearly incidental to and is customarily found in connection with such principal use, and is either in the same ownership as such principal use or is maintained and operated on the same lot substantially for the benefit or convenience of the owners, occupants, employees, customers or visitors of the principal use. No accessory use shall be allowed on any lot or parcel unless the permitted use is being actively utilized. ADMINISTRATIVE PERMIT: A permit issued by the planning staff, Community Development Director or building official for specified uses after compliance with applicable zoning or development code regulations is determined. AGRICULTURE: The tilling of the soil, raising of crops, forage, grazing and animals/fish for commercial agricultural purposes, and not including logging, animal hospitals, recreational activity not normally associated with a farm/ranch, or similar uses. It must be demonstrated that water rights and sources exist to sustain the existing agricultural use of the property. In the case of dry farm usage, it must be demonstrated that the land has been tilled and produced a mechanically harvested crop within the immediately proceeding three years and that the land qualifies for greenbelt designation. AGRICULTURE ADVISORY BOARD: The Agriculture Advisory Board (Advisory Board) as so designated by the County Manager for the purposes of assisting in the ---PAGE BREAK--- implementation of the agricultural protection measures and incentives described in this title. ANCILLARY SUPPORT BUILDING: A building which is subordinate to a utility tower, necessary for the normal function of the utility tower and located on the same site as the utility tower. ANTENNA: Any system of wires, poles, rods, arms, reflecting discs or similar devices of various sizes, materials and shapes, including, but not limited to, solid or wire mesh dish, cone, spherical or bar configurations used for wireless transmission. Types of antennas include, but are not limited to, the following: A. Roof Mounted Antenna: An antenna mounted directly to the roof of a building, mechanical penthouse or parapet enclosure wall which is on the rooftop of a building. B. Top Hat Antenna: Spatial array of antennas, generally located on a freestanding structure, where the visible width of antennas and antenna mounting structures are more than two feet in width as viewed looking directly at the structure. C. Wall Mounted Antenna: Any antenna mounted directly to the fascia or outside walls of a structure, existing parapet walls, penthouses, or mechanical equipment rooms, with no portion of the antenna extending above the roofline of such structures. ANTENNA SUPPORT STRUCTURE: A structure, the principal purpose of which is for location of antennas. Types of antenna support structures may include: A. Lattice Tower: A multiple sided, open steel frame structure used to support one or more antennas. B. Monopole: A standing antenna support structure placed directly on the ground to support one or more antennas. APPLICANT: The owner of land proposed to be subdivided and/or developed or his/her representative. Consent shall be required from the legal owner of the premises. APPLICATION: A form or checklist supplied by the Community Development Department, indicating the data and information necessary to process the applicant's proposed project. ARTERIAL: Any road intended to provide direct year around connection to other jurisdictions, or which links such roads, and is intended or used primarily for free flowing traffic movement. Traffic velocity is generally greatest on arterial roads, due primarily to road design. ---PAGE BREAK--- ATTACHED BUILDING: Units connected on one or more sides to an adjacent unit or units by a common party wall with separate exterior entrance for all units. This shall apply to commercial as well as residential units. AUTO IMPOUNDMENT YARD AND ASSOCIATED TOWING SERVICES: An outdoor storage facility for impound of automobiles brought there by a towing service. AUTOMOTIVE SALES: An establishment primarily engaged in the sale or rental of automobiles, noncommercial trucks, motor homes, recreational vehicles, or boats, including incidental storage, maintenance, and servicing. Typical uses include new and used car dealerships, dealerships, and boat, trailer, or recreational vehicle dealerships. AUTOMOTIVE REPAIR, SERVICE AND DETAILING: An establishment primarily engaged in the repair of automobiles, noncommercial trucks, motor homes, recreational vehicles, or boats, including the sale, installation, and servicing of equipment and parts. Typical uses include muffler shops, auto repair garages, tire sales and installation, wheel and brake shops, body and fender shops, and similar repair and service activities, but excluding dismantling or salvage. AUTO WRECKING YARD: The dismantling or wrecking of used motor vehicles or trailers, or the storage, sale, or dumping of dismantled or wrecked vehicles or their parts. BANKS AND FINANCIAL SERVICES: An establishment primarily engaged in the provision of financial and banking services. Typical uses include banks, savings and loan institutions, stock and bond broker’s loan and lending activities. BARS, TAVERNS, PRIVATE CLUBS: An establishment serving alcoholic beverages for consumption on the premises. BED AND BREAKFAST INNS: A dwelling, including those dwellings of historical significance, in which two to eight rooms are rented out by the day, offering overnight lodging to travelers, and where one or more meals are provided to the guests only, the price of which may be included in the room rate. BUILDING: Any structure built for the support, shelter or enclosure of persons, animals, chattels or movable property of any kind. BUILDING ENVELOPE: The building envelope denotes that area within which a structure must be located. A building envelope is designated by building setback lines or can be shown specifically on a subdivision plat. BUSINESS: Any business, profession, occupation or activity engaged in by a person with the objective of profit, gain, benefit or advantage, direct or indirect, which is ---PAGE BREAK--- conducted within Eastern Summit County. BUTCHER, RETAIL: An establishment for small-scale slaughtering of animals, dressing their flesh, and meat sales. CELL ON WHEELS (COW): A mobile temporary telecommunications facility which is located on a trailer. CHILD CARE, IN-HOME (4 CHILDREN OR LESS): Providing child care services within a dwelling home for four or less children. CHILD CARE, FAMILY (FEWER THAN 9 CHILDREN): A child care facility operated by a party who resides at the premises used for child care services, which provides service for fewer than nine children. CHILD CARE, FAMILY (WITH 9-16 CHILDREN): Providing child care services within a dwelling that is licensed by the state wherein are received nine or more children under 17 years of age who are not related to such person and whose parents or guardians are not residents in the same house with such person responsible for the control and care of children enrolled therein. CHILD CARE, COMMERCIAL: Providing child care services within a commercial establishment that is licensed by the state wherein are received children under 17 years of age. COLLECTOR ROAD: A road intended to move traffic from local roads to arterial roads. Collector roads typically collect traffic from a neighborhood or large subdivision and provide a connection to the arterial road system. COLOCATION: A telecommunications facility includes a single antenna support structure, but more than one telecommunications provider's antennas and telecommunication equipment. COMMERCIAL KENNEL: Any premises, except where accessory to an agricultural use, where five or more dogs, over four months of age are boarded, trained, groomed, bred, and/or offered for sale for commercial use. The selling of one litter of per year, per premise, shall not be construed as commercial. COMMERCIAL RIDING ARENA: An establishment for boarding, breeding or raising or horses not owned by the occupants that includes rental of horses and includes a training program and riding lessons. COMMON OPEN SPACE: Facilities, land and yard areas identified within projects for the use and enjoyment of all the residents and maintained and operated by an organization of property holders of the project. COMMUNITY DEVELOPMENT DIRECTOR: The Director of the Community Development Department, with overall administrative control of the planning, building ---PAGE BREAK--- and zoning functions of the county, under the direction of the County Manager. CONDITIONAL USE: Those uses which are permitted in a particular zone district upon showing that such use at a specific site within that zone district will comply with all conditions and standards specified in this title for ensuring compatibility with surrounding land uses. CONDOMINIUM: Any structure which has been submitted to condominium ownership under the provisions of the Utah Condominium Ownership Act, whether for residential, non-residential, and any other use. CONSTRUCTION PLAN: The maps or drawings accompanying a subdivision plat and showing the specific location and design of improvements to be installed in the subdivision in accordance with the requirements of the planning commission or county engineer as a condition of the approval of the plat. CORNER LOT: The boundary of a lot which separates the lot from the road. In the case of a corner lot, the setback requirement for the appropriate zone shall apply to all front lot lines. COUNTY COUNCIL: The Legislative Body of Summit County, Utah. COUNTY MANAGER: The Chief Executive Officer of Summit County, Utah. CUL-DE-SAC: A local street with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement as well as firefighting and other public safety equipment. DEVELOPER: The person, persons, corporation, firm or partnership owning the land proposed to be developed in any way, or a designated legal representative. Consent shall be required from the legal owner of the premises. DEVELOPMENT AGREEMENT: An agreement between a developer or property owners and the county pursuant to the provisions of this title contained herein and as used as an implementing device for a specially planned area zone district, referenced therein as an SPA plan. DRIVEWAY: A means of access to one but not more than five one-family dwelling units. Without assurances that only five dwellings will use a driveway, it shall otherwise be a local road. DWELLING, MULTI-FAMILY: A dwelling unit in a structure containing three or more dwelling units sharing common vertical floors/ceilings, but not including hotels, lodges and other similar uses. DWELLING, ONE-FAMILY: A detached principal building, other than a mobile home, designed for and used as a dwelling unit exclusively by one family and its guests. Only one of these dwelling units is permitted for each lot of record when identified as a ---PAGE BREAK--- permitted or conditional use in Chapter 3 of this Title, unless otherwise stated in this title. May be referred to as a single-family dwelling unit. DWELLING, SINGLE-FAMILY ATTACHED: A dwelling unit in a structure containing two or more units sharing one or more vertical and no horizontal common walls, each of which is designed for and used as a dwelling unit exclusively by one family and its guests. May also be referred to as a townhouse. DWELLING UNIT: A building or portion thereof containing living facilities, including provisions for sleeping, eating, cooking and sanitation, and is intended for occupancy by a family and its guests, independent of other families. May also be referred to as a dwelling. DWELLING UNIT, ACCESSORY: An area used by the owner of the primary residence or primary tenant/business as a dwelling for the private use of the property owner's relatives, domestic help, caretakers, nursing staff, houseguest or similar users. An accessory dwelling unit shall contain cooking, sanitation and sleeping facilities. DWELLING UNIT, AGRICULTURAL EMPLOYEE: A one-family dwelling unit located on an agricultural parcel/lot. The dwelling unit must be an accessory use to the principal dwelling unit and agricultural operation of the property. An agricultural employee dwelling unit shall contain cooking, sanitation and sleeping facilities. EASEMENT: A quantity of land set aside over which a liberty, privilege or advantage in land without profit exists distinct from the ownership of land, which is granted to the public or some particular person or part of the public. EQUIPMENT ENCLOSURE: A structure, shelter, cabinet or vault used to house and protect the electronic equipment necessary for processing wireless communication signals and other telecommunication equipment. ESCROW: A deposit of cash with the county or approved alternate entity in lieu of an amount required and still in force on a performance or maintenance guarantee. FAMILY: An individual, or two or more persons related by blood, marriage or adoption, or a group of not more than four persons who are not related, occupying the same dwelling unit on a continuous basis. FENCE: A structure constructed for reasons of privacy, security or aesthetics which is located in such a manner as to separate or divide areas. Includes hedges and masonry walls. FINAL APPROVAL: Final approval by the County Manager, County Council, Planning Commission, Board of Adjustment or Community Development Department, where commission action is not always required, of a plan, project, rezoning, use, activity or other action that shall be given after all the requirements set out in the preliminary approval have been met and after all concerns of all service providers regarding such plan, project, rezoning, use, activity or other action have been addressed and ---PAGE BREAK--- answered. FINAL PLAT: The map or plan of a subdivision and any accompanying material, as described in these regulations, that is intended to be recorded in the office of the Summit County Recorder. FLOODPLAIN: An area adjoining a river, stream or watercourse, or other body of standing water, in which a potential flood hazard exists due to inundation or overflow of water having sufficient volume and velocity to transport or deposit debris, scour the surface soil, dislodge or damage buildings, or erode the banks of watercourses. Any area designated as a floodplain by the Federal Emergency Management Agency and Summit County. FLOOR AREA AND LOT COVERAGE: The combined area of all floor space associated with a commercial or industrial use including floors above or below the ground floor. Also, any areas outside of structures and associated with the use, including storage areas, parking lots, driveways and similar areas. FOOD PROCESSING, COMMERCIAL: An establishment that transforms raw ingredients into food or transforms food into other forms for consumption. FUNERAL SERVICES: An establishment engaged in undertaking services such as preparing the human dead for burial and arranging and managing funerals. Typical uses include funeral home or mortuaries. GAS AND FUEL, STORAGE AND SALES: Bulk storage tanks of flammable and combustible liquids, compressed gases or liquefied petroleum gas (LP gas) for business use, retail sale, wholesale, or wholesale distributing. GASOLINE SERVICE STATION WITH CONVENIENCE STORE: A place where gasoline, motor oil, lubricants, or other minor accessories are retailed directly to the public on the premises in combination with the retailing of items typically found in a convenience market or supermarket. GENERAL PLAN: The General Plan for Eastern Summit County, prepared by the Planning Commission and the County Council, pursuant to state law. GRADE, NATURAL: Elevation of the surface of the land prior to commencement of construction of any improvements proposed or the placement of any fill on the site. HEALTH DEPARTMENT AND HEALTH OFFICER: The person within the Summit County Health Department, so designated by the County Council, to administer the health regulations of the county and/or state. HEIGHT: For the purpose of measuring the height of any building from natural grade, the measurement shall be the vertical distance from natural grade to the highest point ---PAGE BREAK--- of a flat or pitched roof or other portion of a structure. This measurement shall occur at any point within the exterior walls of the building or structure. Vertical architectural features on Houses of Worship, such as steeples which are associated with the religious function of the building, may be constructed 2-1/2 times the height of the building. HOME OCCUPATIONS: Those occupations or professions which may be conducted within a dwelling unit or on the premises thereof and is clearly incidental and secondary to the use of the dwelling unit for residential purposes. HOSPITAL: An establishment providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions and including, as an integral part of the institution, related facilities, such as laboratories, emergency treatment facilities, diagnostic services, out-patient facilities, training facilities, medical offices, or staff residences. HOTEL, MOTEL OR INN: An establishment containing sleeping rooms for the temporary occupancy of guests. Accessory facilities may include a lobby, meeting rooms, recreation facilities, group dining facilities and/or other facilities or activities customarily associated with hotels, but not including lock-outs or boarding houses. Motels are generally an establishment containing guest rooms or dwelling units, some or all of which have a separate entrance leading directly from the outside of the building with garage or parking space located on the lot and designed, used, or intended wholly or in part for the accommodation of automobile transients. Motel includes motor courts, motor lodges and tourist courts, but not mobile home parks or travel trailer parks. HOUSES OF WORSHIP: A church or institution that persons regularly attend to participate in religious services, meetings and other related activities. INDOOR RIDING ARENA: A building or structure, the use of which is to board horses and/or conduct recreational activities and events, provide riding lessons, instruction or training and showing of horses or other domesticated animals. INDUSTRIAL USES: Operations which include the storage, manufacturing and processing of agricultural or timber products, minerals extraction and production, treatment, packaging, wholesaling, fabrication, assembly and warehousing. INSTITUTIONAL USES: A use operated by a private or public non-profit educational, recreational, charitable or public service organization, such as having the purpose primarily of serving the general public, but not including Houses of Worship. LEGAL NON-CONFORMING USE: The present use of a building, structure or activity which does not conform to current regulations stated in this title, but which conformed to all regulations at time of its establishment or which was in existence prior to the ---PAGE BREAK--- establishment of subdivision and zoning regulations. LOCAL ROAD: A roadway intended to provide access to and from a local subdivision or a cluster of single-family attached and/or multi-family dwelling units. It provides access to abutting properties. LOGGING CAMP: An establishment engaged in cutting down trees for commercial purposes, including transportation to a sawmill. A "logging camp" does not include cutting or alteration of trees incidental to construction activities. LOT: A parcel of real property describable either by metes and bounds, or by another legal plat designation held or intended to be held in separate ownership, or a parcel or unit of land shown as a lot or parcel on a recorded subdivision map. The existence of a lot does not necessarily mean that a structure can be constructed thereon. In order to obtain a building permit to construct a building on a lot, the lot must have been legally created. (See definition of Lot of Record, Legally Created Lot). LOT, LEGALLY CREATED: 1) a lot within an existing platted and approved subdivision which was legally created in accordance with the subdivision regulations of Summit County and recorded in the office of the County Recorder, or 2) a lot that was created from the conversion of agricultural land divisions to a nonagricultural subdivision in accordance with the Utah Code and this Title, or 3) a lot that successfully completes one of the development processes as outlined in Section 11-4-3(E). (See also 11-4-3) LOT LINE, FRONT: The property line dividing a lot from a road, whether public or private, or located adjacent to the principal means of access. LOT LINE, REAR: The property line opposite the front lot line. LOT LINE, SIDE: Any lot line other than a front or rear lot line. LOT, LOT OF RECORD: Any parcel/lot described in a deed, sales contract, or survey, that was recorded in the office of the Summit County Recorder before August 1, 1977, is a “lot of record.” Any parcel/lot described in a deed, sales contract, or survey, that was recorded in the office of the Summit County Recorder between August 1, 1977 and June 30, 1992, which complied with the zoning requirements in effect at the time of its creation, is also a "lot of record”. (See also 11-4-2) LOT WIDTH: The minimum distance between the side property lines. MAJOR DEVELOPMENT: Major development means a process for reviewing the development of an area of land, to be developed under unified control or a unified plan of development for residential, commercial, educational, recreational, industrial and/or other uses. ---PAGE BREAK--- MAJOR DEVELOPMENT MODIFICATION: An adjustment, release or removal of certain provisions of a previously approved major development plan. Changing any specific conditions imposed at the time of the original approval, as they relate to the entire project or subdivision, may be permitted in accordance with the review procedures set forth in Subsection 11-4-4G of this Title. May be referred to as a Major Development Plan Amendment. MAJOR DEVELOPMENT PLAN: The final provisions, terms and conditions for a major development or any development, approved in accordance with Chapter 4 of this Title. MAJOR SUBDIVISION: All subdivisions not classified as a Minor Subdivisions (2 or fewer lots), or, Cluster Bonus/Agricultural Preservation Minor Subdivisions containing more than ten (10) lots. MANUFACTURED HOME: A dwelling unit consisting primarily of components substantially fabricated in a manufacturing plant and transported to the building site for final assembly and placement on a permanent foundation. MANUFACTURING, CUSTOM: An establishment primarily engaged in the on-site production of goods by hand manufacturing which involves only the use of hand tools or domestic mechanical equipment not exceeding two horsepower or a single kiln not exceeding 8 kilowatts, and the incidental direct sale to customers of only those goods produced on-site. Typical uses include ceramic studios, candle-making shops or custom jewelry manufacturing. MANUFACTURING, LIGHT: An establishment engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, and packaging of such products, and incidental storage, sales, and distribution of such products, but excluding basic industrial processing. MANUFACTURING, HEAVY: The converting of raw or partially processed materials into a product used for further processing or distribution. Examples of heavy manufacturing include lumber and paper mills, sewage treatment plants, stone, clay, glass product manufacturing, asphalt and concrete batch plants, and similar operations. These uses may be conducted partially or wholly outdoors and usually create noxious by-products such as dust, fumes, hazardous waste products, noise, vibration, and glare. MINOR SUBDIVISION: Any subdivision of property with no more than two parcels/lots, or with no more than ten (10) parcels/lots in the case of a Cluster Bonus/Agricultural Preservation Minor Subdivision. MOBILE HOME: Any vehicle or object intended for occupancy by an individual or family that was originally constructed in total so as to be portable or mobile, whether presently affixed to the ground or not, and which is intended to be connected to on site utilities. ---PAGE BREAK--- MUNICIPAL LANDFILL: A non-commercial municipal landfill for non-hazardous municipal solid waste or of construction and demolition waste as defined by Section R315-301-2 of the Utah State Code. Municipal Landfill also includes the construction, operation and maintenance of recycling centers and facilities. NON-CONFORMING USE: The use of a building, structure or activity which does not conform to current use regulations for the district in which it is situated. NONSTEALTH DESIGN: Any antenna or equipment enclosures not camouflaged in a manner to blend with surrounding land uses, features or architecture. Non-stealth design does not conceal the intended use of the telecommunications facility. A monopole with equipment enclosures aboveground and unscreened would be considered non-stealth. OPEN RECREATION USE: Land or the use of land intended for open recreational uses, including facilities such as playgrounds, campgrounds, golf courses, tennis courts, corrals, public riding arenas and other similar activities, but not including commercial snowmobile operations and shooting ranges, and other similar activities. OPEN SPACE/LANDS: Land or area, the preservation of which preserves, protects, enhances or conserves the following: A. Critical wildlife habitat, migration corridors, winter range and birthing areas; B. Scenic resource features, prominent hillsides, ridgelines and view shed corridors; C. Stream corridors and other significant water bodies, wetlands, floodplains and meadows; D. Open space buffers adjacent to developed areas, parks, forests or agricultural lands. ORDINANCE: Any legislative action, however denominate, of the County which has the force of law, including any amendment or repeal of any ordinance. ORDINARY HIGH WATER MARK: The mark along water bodies that is evident by examining the bed and banks where the presence and action of waters and riparian vegetation boundaries are common in ordinary years, as to mark upon the soil a distinct character from that of the abutting upland. Where the ordinary high water mark cannot be found, the top of the channel bank shall be substituted. OVERLAY ZONE: A zone district that encompasses one or more underlying zones and imposes additional requirements or special regulations and allows special flexibility in planning the use, site layout and infrastructure design above that required by the underlying zone. These special requirements shall take precedence over the provisions of the underlying zone. OWNER: Any person, group of persons, firm or firms, corporation or corporations, or ---PAGE BREAK--- any other legal entity having legal title to or sufficient proprietary interest in the land sought to be developed or subdivided under these regulations. PERMITTED USE: A use of land allowed by right under the provisions of this Title. PLANNING COMMISSION: The Eastern Summit County Planning Commission of Summit County, Utah, established in this Title. PLAT AMENDMENT: A change in a map of an approved or recorded subdivision plat if such change affects any street layout in such map or area reserved thereon for public use, or any lot line; or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions. Also referred to as a "resubdivision.” PREFABRICATED HOME: A home constructed with steel frame may be considered a "mobile home" for the purpose of Section 11-3-12 of this Title. PRELIMINARY PLAT/PLAN: The preliminary drawing or drawings, described in these regulations, indicating the proposed manner or layout of the subdivision to be submitted to the planning commission and the County Manager for approval. PRIMARY USE: The primary or main use shall be the purpose for which the premises, land or a building therein is designed, arranged or intended, or for which it is or may be occupied or maintained. PROFESSIONAL OFFICES: A building or space used by persons such as accountants, architects, engineers, artists, dentists, designers, lawyers, physicians, realtors, and others by virtue of their training and/or license, are qualified to perform services of a professional nature and where no goods or merchandise are sold or stored. PUBLIC IMPROVEMENT: Any drainage ditch or system, roadway, parkway, sidewalk, pedestrian way, tree, lawn, off street parking area, lot improvement, water or sewer system, or other facility for which the county may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which county responsibility is established. All such improvements shall be properly guaranteed and installed as per county codes, specifications and regulations. PUBLIC ROAD: A road, including a related right of way, owned and maintained by Summit County. RAILROAD INDUSTRIAL USES: Industrial uses and activities associated with the railroad including shipping and distribution of agricultural, timber products, minerals and other similar materials. RECREATIONAL VEHICLE: A self-contained licensed and registered vehicular unit, other than a manufactured home or mobile home, primarily designed as a temporary dwelling for travel, recreation, or vacation that is either self-propelled or pulled by another vehicle. The term recreational vehicle includes, but is not limited ---PAGE BREAK--- to: a travel trailer, camping trailer, motor home and a fifth wheel trailer. RECYCLING FACILITY, CLASSI: Recycling containers totaling up to 60 cubic yards of capacity per lot or residential/business development used for the collection and temporary storage of recyclable materials such as glass, plastic, aluminum, mixed metals, fiber, and cardboard. These facilities are generally, but not limited to the use by a specific residential neighborhood, civic facility, or commercial business park, and can be for the use of the entire community. RECYCLING FACILITY, CLASS II: A building, structure or designated area with recycling containers totaling over 60 cubic yards of capacity per lot or residential/business development used for the collection, and temporary storage or transfer of recyclable materials such as glass, plastic, aluminum, mixed metals, fiber, and cardboard that may be for the use of the entire community and typically operates as a commercial business. REGISTERED ENGINEER: An engineer properly licensed and registered in the state of Utah. REHEARSAL OR TEACHING STUDIO FOR CREATIVE, PERFORMING AND/OR MARTIAL ARTS WITH NO PUBLIC PERFORMANCES: A recreation facility operated as a business on private or public property and open to the public for a fee, such as a dance studio, gymnastics studio, music studio, or substantially similar use, and support facilities customarily associated with the development. REGISTERED LAND SURVEYOR: A land surveyor properly licensed and registered in the state of Utah. RESIDENTIAL CARE FACILITY: A 24-hour group living environment for four or more individuals that offers room and board and specialized care and treatment for the elderly or persons with disabilities. RETAIL COMMERCIAL ESTABLISHMENTS: An establishment primarily engaged in the sale or rental of commonly used goods and merchandise for personal or household use serving the immediate or surrounding neighborhood. Typical uses include apparel stores, drug stores, grocery stores, book stores, auto parts stores, and other similar uses. RIGHT-OF-WAY: A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or for another special use. The usage of the term "right of way" for land platting purposes shall mean every right of way hereafter established and shown on a final plat to be separate and distinct from the lots or parcels adjoining such right of way and not included within the dimensions or areas of such lots or parcels. Rights of way intended for streets, crosswalks, water mains, sanitary sewers, storm drains, shade trees, or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which such ---PAGE BREAK--- right of way is established. ROAD, DEAD END: A road or a portion of a street with only one vehicular traffic outlet. SCREENING: A strip at least ten feet (10') wide, densely planted (or having equivalent natural growth) with shrubs or trees at least four feet high at the time of planting, of a type that will for a year around period, will provide a dense screen at least six feet high; or an opaque wall or barrier or uniformly painted fence at least six feet high. Either type of screening shall be maintained in good condition at all times. Where required in the zone district regulations, a screen shall be installed along or within the lines of a parcel/lot as a protection to adjoining or nearby properties. SEASONAL RECREATION, COMMERCIAL (NON-MOTORIZED): Land or the use of land intended for commercial open recreational uses, including activities such as rafting tours, mountain biking tours, horseback riding, and other similar activities, but not including commercial snowmobile operations, shooting ranges, and other similar activities. SEASONAL RECREATION, COMMERCIAL (MOTORIZED): Land or the use of land intended for commercial open recreational uses, including activities such as commercial snowmobile tours, all-terrain vehicle tours, and other similar activities, but not including shooting ranges, and other similar activities. SERVICE COMMERCIAL ESTABLISHMENTS: An establishment primarily engaged in providing personal services to the immediate or surrounding neighborhood. Typical uses include restaurants, gas stations, auto repair garages, banks or financial institutions, and other similar uses. SETBACK: The distance between a lot line and the front, side, or rear line of the foundation of a structure or the finished exterior surface of a structure, whichever is closer to the property line, excluding uncovered stairs, roof eaves that don’t extend into the setback more than three feet and decks that don’t exceed one foot in height, measured from the top of the deck to the grade directly below. SETBACK, FRONT: A front setback will be required for each side of a lot bordering a public street or other right of way. SIGN: An object or device or any part thereof situated outdoors which is used to advertise, identify, display, direct or attract the attention of a pedestrian or motorist to an object, place, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, designs, logos, fixtures, colors, illumination or projected Images. SIGN, FREESTANDING: A sign supported by poles, uprights or braces extending from the ground or from an object on the ground; provided that no part of the sign is attached to any part of a building. SKETCH PLAN: A sketch preparatory to the preparation of the preliminary plat/plan ---PAGE BREAK--- (or subdivision plat in the case of minor subdivisions) to enable the subdivider to save time and expense in reaching general agreement with the Community Development Director, Planning Department and Planning Commission as to the form of the plat/plan and the objectives and/or conditions of these regulations. SPECIALLY PLANNED AREA PLAN: The final provisions, terms and conditions for a specially planned area, approved in accordance with Chapter 4 of this Title. An approved specially planned area plan shall constitute the final zoning and development regulations for the specific area for which it has been adopted. This plan may vary the use, density, site layout and other requirements of the underlying zone districts, so long as the plan complies with prescribed criteria for approval. SPECIALLY PLANNED AREA PLAN MODIFICATION: An adjustment, release or removal of certain provisions of a previously approved specially planned area (SPA) plan. Changing any specific development parameter or condition imposed at the time of the original approval, as they relate to the entire project or subdivision, may be permitted in accordance with the review procedures set forth in Subsection 11-4-4G of this Title. May be referred to as an amendment. STEALTH: Antennas, antenna support structures and telecommunication equipment enclosures camouflaged or designed to blend with surrounding land uses, features and architecture, thus minimizing the aesthetic impact on adjacent uses, thereby concealing the intended use and appearance of the telecommunications facility, such as by heavy landscaping, or installing telecommunications equipment within existing buildings, behind vegetative screening, or placing equipment enclosures underground, thus preserving or striving to maintain the rural aesthetics of Eastern Summit County. A flush wall mount antenna that is painted the same color as the background and located on a building where the telecommunications equipment is located inside the building would be one example of stealth design. Other examples of stealth design include, but are not limited to, roof mount antennas, utility pole antennas, light or flag poles, artificial rocks or trees. STRUCTURE: Anything constructed, the use of which requires a fixed location on or in the ground and which projects above the general surface of the ground, or attached to something having a fixed location upon the ground, excluding poles, lines, cables, on grade decks, driveways, and other similar features. All structures must maintain the minimum setbacks for the district in which they are located, both above and below the ground. This definition includes "building". SUBDIVIDER: Any person who, having an interest in land, causes it, directly or indirectly, to be divided into a subdivision; or who directly or indirectly, sells, leases or develops, or offers to sell, lease or develop, or advertises for sale, lease or development any interest, lot, parcel site, unit or plat in a subdivision; or who engages directly or through an agent in the business of selling, leasing, developing or offering for sale, lease or development a subdivision or any interest, lot, parcel site, unit or plat in a subdivision; or who is directly or indirectly controlled by, or under direct or indirect common control with any of the foregoing. SUBDIVISION: Any land, vacant or improved, which is divided or proposed to be ---PAGE BREAK--- divided into two or more lots, parcels or separate interests. "Subdivision" includes the division of residential and nonresidential zoned land, whether by deed, metes and bounds description, devise, intestacy, lease, map, plat or other recorded instrument. SUBDIVISION PLAT: The final map or drawing, described in these regulations, on which the subdivider's plan of a subdivision is presented to the Planning Commission and County Manager for approval and which, if approved, may be submitted to the Summit County Recorder for filing at the subdivider's expense. TELECOMMUNICATIONS EQUIPMENT: Equipment used in a telecommunications facility other than the antenna, antenna support structure or equipment enclosures. Telecommunications equipment may include, but is not limited to, electronic equipment necessary for processing wireless communication signals, air conditioning, backup power supplies and emergency generators. TELECOMMUNICATIONS FACILITY: An unmanned structure which consists of "antennas", "antenna support structures", "telecommunications equipment" and "equipment enclosures", as defined herein, that transmit and/or receive voice and/or data communications through radio signals such as, but not limited to, "cellular" or "PCS" (personal communications system) communications and paging systems, whether commercially or privately operated. TEMPORARY USE: Any use intended for a limited duration. A "short term" temporary use shall mean a use not to exceed sixteen (16) days in a sixty (60) day period. A "long term" temporary use shall mean any use intended for a limited duration, but more than sixteen (16) days in a sixty (60) day period. A "temporary use" specifically may not be allowed as a permitted use, an accessory use, a conditional use, or when it is reasonable to attach a specific time period for the existence of the use in the particular zone district where the use is proposed. UTILITY STRUCTURE AND RELATED FACILITIES: May include a building/structure that is constructed so as to provide assistance, benefit and aid, directly or indirectly, to a service such as electrical power, light, and forms of communication including: telephone, telegraph, fiber optic signals, cellular service for both analog and digital signals, and radio and television signals to name a few. This list is not intended to be all inclusive. UTILITY TOWER: A structure typically higher relative to surrounding structures that provides a service in the form of electrical power, light, or forms of communication, limited to: telephone, telegraph and fiber optic signals. Utility Towers do not include towers used exclusively for wireless communications. VARIANCE, ZONING: A waiver of specific zoning regulations of this title granted by the board of adjustment in accordance with the provisions set forth in this title for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by similar properties. VETERINARIAN CLINIC: A licensed medical establishment for the care and treatment of small, domestic animals. ---PAGE BREAK--- WETLAND: Lands where the water table is usually at or near the surface and is associated with riparian vegetation and soils, or which are adjacent to or contiguous with a stream corridor or other natural water body. A wetland may be an area delineated by the Army Corps of Engineers, Soil Conservation Service or other applicable state or federal agency or qualified hydrology consultant. YARD: A required space on a lot other than a court, unoccupied and unobstructed by buildings from the ground upward, except as otherwise provided herein. Yard areas for below grade structures must be provided unless a variance is obtained. YARD, FRONT: A required space between the front line of the main building and the front lot line or closer right of way line of an abutting street or right of way and extending across the full width of a lot. The "depth" of the front yard is the minimum distance between the front lot line and the front line of the closest main building. YARD, REAR: A required space between the rear line of the building and the rear lot line, or closer public street and extending the full width of the lot. The "depth" of the rear yard is the minimum distance between the rear lot line and the rear line of the main building. YARD, SIDE: A required space between the side line of the building and the side lot line and extending from the front yard to the rear yard. The "width" of the side yard shall be the minimum distance between the side lot line and the side line of the building. ZONE: An area designated on the zoning map and in which the regulations apply alike to all land within the area. ZONE DISTRICT MAP: The map established by the County Council pursuant to law showing the streets, highways and parks, and drainage systems and setback lines theretofore laid out, and zoning districts, adopted and established by law, and any amendments or additions thereto resulting from the approval of subdivision plats by the Planning Commission, CDD or designated planning staff member, and County Manager and the subsequent filing of such approved plats. (Ord. 278, 5-6-1996; amd. Ord. 365, 9-13-1999; Ord. 417, 7-5-2001; Ord. 470, 11-19-2003; 2004 Code) ---PAGE BREAK--- APPENDIX B of the Eastern Summit County Development Code ADULT/SEX-ORIENTED FACILITIES AND BUSINESSES A. Findings: The County Council finds that the appropriate location for adult/sex oriented facilities and businesses within the county is within concentrated areas of the county where it can be better regulated by county officials and law enforcement, and outside of residential or recreational (park) areas where the quality of life will not be as greatly impacted. Within the unincorporated county, adult/sex-oriented facilities and businesses shall be allowed as a Conditional Use within the Silver Creek Industrial Park and other industrial areas, as specified herein, and shall conform to the criteria mandated under this Subsection and Title 3, Chapter 5 of this Code, governing such activities. This Title and Title 10 of this Code, are hereby amended to allow adult/sex-oriented facilities and businesses as a Conditional Use in the or Industrial Zone (Eastern Summit County) and as a prohibited use in all other zone districts. B. Conditional Use Permit Required: Adult/sex oriented facilities and businesses are Conditional Uses in existing Industrial Zones and must be approved in accordance with the provisions of this subsection and Title 3, Chapter 5 of this Code. In all cases, a design and site plan diagramming the premises shall be provided as part of the application process. A public hearing shall be required in all cases prior to the issuance of a Conditional Use permit. The procedures for issuance of Conditional Use Permits, as found in the appropriate title, shall be followed in all cases. A final decision by the county as to the issuance of a Conditional Use Permit for an adult/sex-oriented facility or business shall be made within ninety (90) days of receipt of a completed application by the County Department of Community Development, unless a delay is requested or agreed upon by the applicant or where the applicant is causing the delay by not providing needed information. C. Non-conforming Uses: 1. Right to Continue: Adult/sex-oriented facilities and businesses already existing within the unincorporated area of the county shall have the right to continue in their businesses without a Conditional Use Permit. However, all such businesses shall be subject to compliance with the criteria, mandatory general conditions, and mandatory design of premises conditions, as provided in this subsection and Title 3, Chapter 5 of this Code, within ninety (90) days of the adoption of the ordinance codified herein. A time extension may be granted where the County Council/County Manager determines, on a case by case basis, that a hardship exists for a business owner/operator. 2. Change or Extension/Enlargement of Use: Any non-conforming use herein may not be materially changed, nor extended/enlarged unless it comes into compliance with the then existing Development Code. 3. Cessation of Use: If active and continuous operations are not carried on in a non-conforming use during a continuous period of one year, the building or land where such non-conforming use previously existed shall thereafter by occupied ---PAGE BREAK--- and used only for a conforming use. Intent to resume active operations shall not affect the foregoing. D. Right Of Appeal: All appeals from denials by the Planning Commission of Conditional Use Permit applications shall be as provided in Title 10 of this Code, the Eastern Summit County Development Code (this Title) (as applicable), and Utah Code Annotated, Section 17-271001, to the District Court within thirty (30) days of the Planning Commission’s final action. E. Penalty: Violations of any of the provisions of this section shall subject the offender to the penalties as provided in this title, other applicable state law, or where no penalty is otherwise provided, a fine of not more than seven hundred fifty dollars ($750.00) and a ninety (90) day jail sentence. (Ord. 324, 3-9-1998)