Chapter 11-6 SUPPLEMENTARY REGULATIONS

The intent of this Chapter is to provide for several miscellaneous land development standards which are applicable in more than one (1) zone. The requirements of those Sections shall be in addition to development standards contained within the various zones. Where the provisions of those Sections may be in conflict with other provisions of this Title, the more stringent shall prevail.

11-6-102 Yard Space for One Building Only.

All required yards shall be situated on the same lot as the building or structure to which they apply. No required yard, area, or other open space around a building or use which is needed to comply with the area, setback, or open space requirements of this Title shall be considered as providing the required area, yard, setback, or open space for any other buildings or use; nor shall any area, yard, setback, or other required open space on an adjoining lot be considered as providing the area, setback or open space requirements of a building or use.

11-6-103 Sale or Lease of Required Space Prohibited.

No space needed to meet the area, frontage, width, coverage, off street parking, frontage on a public street, or other requirement of this Title for a lot or building may be sold, bequeathed or leased apart from such lot or building unless other space so complying is provided, nor shall any land be sold which will result in a lot that does not comply with all of the provisions of this Title.

11-6-104 Accessory Building Prohibited as Living Area.

Living area shall not be permitted in any accessory building, unless the accessory building has been approved under the provisions of this Code to contain an accessory dwelling unit within it.

(Ord. 17-2020 § 4, 08/04/2020)

11-6-105 Outdoor Storage and Display. Revised 8/22

No yard or other open space shall be used for the storage of junk, debris or obsolete vehicles; and no land shall be used for such purposes, except as specifically permitted herein.

(1) Outside Storage.

(a) Unless otherwise indicated, no outdoor storage shall be located in a required front yard setback.

(b) Screening:

(i) All outside storage shall be screened from the view of any adjacent public street or residentially zoned property by a solid, opaque wall or fence of not less than six (6) feet in height measured at the highest finished grade, constructed in accordance with the standards prescribed by Section 11-6-213 of Springville City Code.

(ii) A chain link fence with slat inserts shall not constitute an acceptable screening device to satisfy the requirements of this subsection, unless specifically approved by the Planning Commission.

(iii) All portions of outside storage areas shall have adequate grading and drainage and shall be continuously maintained.

(iv) Materials stored behind any screening wall or fence shall be stacked no higher than one (1) foot below the top of the fence or wall, except for integral units.

(v) Dumpsters and refuse containers for new uses in all zones shall be enclosed in a solid, opaque enclosure constructed of brick, masonry, stucco or wood of at least six (6) feet in height measured at the highest finished grade, constructed in accordance with the standards prescribed by Section 11-6-213 of Springville City Code.

(2) Outside Storage – Covered.

(a) Outdoor storage – covered shall be located on the interior of the property and must be screened from the view of any adjacent public street or residentially zoned property by enclosed storage or other permitted buildings.

(b) Outdoor storage – covered shall only be permitted as a supplementary or accessory use to an approved vehicle sales (autos – boats – motorcycles – snowmobiles – trailers – motor homes) use.

(c) The owner of a business that operates an outdoor storage – covered use on its premises shall, at all times, hold a business license and operate as a new vehicle (auto, boat, or trailer) dealership on at least fifteen percent (15%) of the property.

(3) Outside Display.

(a) The outside display of merchandise for sale is allowed as an accessory use to the main use on the same lot or tract of land.

(b) The outside display of goods for sale incidental to a retail use, plant nursery, sales and rental of motor vehicles, mobile homes, boats or trailers, or the outside display of automobile-related merchandise for sale incidental to a gasoline filling station shall not be required to be screened in accordance with the provisions of subsection (1)(b)(i) of this section.

(c) In all districts where outside display of goods is permitted, such display shall conform to all of the following requirements.

(i) All outdoor display shall conform to the use-specific requirements of that particular use;

(ii) No outdoor display area shall be located in a required landscaped area.

(iii) Outdoor display areas shall meet all landscaping requirements.

(iv) No portion of the right-of-way shall be used for any type of display without a valid revocable permit;

(v) No outdoor display area shall be permitted to obstruct a pedestrian walkway.

(vi) In no instance shall outside display of merchandise be located within, nor encroach upon, a fire lane, maneuvering aisle, or a parking space necessary to meet the minimum parking requirements of the other use(s) of the lot or parcel.

(vii) Outside display shall be situated so as not to create a visibility obstruction within a parking area or adjacent public street.

(viii) All portions of outside display areas shall have adequate grading and drainage and shall be continuously maintained.

(Ord. No. 17-2022 Exh. A, 08/16/2022)

11-6-106 Allowed Projections into Required Yard Areas.

Every part of a required yard shall be open to the sky, except for accessory structures in a rear yard. Certain architectural features may project into required yards as follows:

(1) Ordinary and customary projections such as sills, belt courses, cornices, eaves, roof overhangs, gutters, chimneys, flues, lintels, and solar appurtenances, may project up to two feet (2’) into any required yard space.

(2) Unroofed and unwalled porches, stoops and steps, decks, and balconies may project up to five feet (5’) into the required front yard, up to two feet (2’) into the required side yards and up to ten feet (10’) into the required rear yard;

(3) Roofed and unwalled patio coverings or roofs, permanent or retractable awnings may extend up to five feet (5’) into any required front yard, two feet (2’) into any required side yard and no closer than fifteen feet (15’) from the rear lot line.

(4) Bays and cantilevers may project up to two feet (2’) into any required yard space, but shall not exceed twenty percent (20%) of any wall length.

11-6-107 Exception to Front and Side Setback Requirements.

The setback from the street for any dwelling located between two existing dwellings may be the same as the average for said two existing dwellings, provided the existing dwellings are on the same side of the street and are located within one hundred fifty (150) feet of each other, and provided that no dwelling shall be located closer than twenty (20) feet from the right of-way or easement line of said street.

11-6-108 Clear View Requirements.

Minimum acceptable vision clearance standards for motorist and pedestrian safety at vehicular access points along streets are hereby established by restricting the placement, opacity, height and configuration of any fence, wall, planting or other obstruction in a required yard. Any person establishing a parking space which uses a driveway leading to a public street shall maintain vision clearance at the intersection of such driveway and street right-of-way line;.

(1) Clear view for driveways. In all zones, areas adjacent driveways shall not be obstructed within the triangular area formed by lines drawn from a point on the center line of the driveway setback fifteen (15) feet from the front property line, connecting to points at the property line in front of the property, thirty (30) feet either side of the center line of the centerline of the driveway and projecting to the street. See Figure 108(1).

Figure 108(1) Figure 108(2)

(2) Clear vision for intersecting streets and railroad. In all zones which require a front yard and in all lots which lie adjacent to railroad tracks, an unobstructed vision clearance between the elevations of two feet (2') to seven feet (7') above the grade of the sidewalk within a “clear vision triangle”; formed by a diagonal line connecting lines located at the top back of the curb extending from the intersection thirty feet (30') on local and collector streets and fifty feet (50') on arterial streets. Where one (1) of the streets is a different classification, the more stringent requirement will apply. Where no curb exists the clear view area shall include that portion of the yard area lying within a triangular area formed by a diagonal line connecting lines located at the property line twenty (20') from the intersection of said property line. See Figure 108(2).

(3) Corner lots with rear yards adjoining an interior lot. A second clear vision area is required where the rear of a corner lot adjoins an interior lot. The clear vision triangle shall be formed by a diagonal line connecting lines twenty feet (20') from the front and rear property lines. See Figure 108(2).

(4) The following may be allowed in a clear view area provided the stipulated requirements are met:

(a) Shade trees provided they are pruned to at least seven (7') feet above the grade of the adjacent curb.

(b) Plantings of shrubs, bushes, or trees which are trimmed or pruned so that the shrubs or bushes do not exceed the height of two feet (2') above street level.

(d) Non-view-obstructing fences not exceeding six feet (6') in height.

11-6-109 Effect of Street Plan.

Wherever a front or side setback is required for a building, which building abuts on a proposed street which has not been constructed but which has been designated by the Planning Commission as a future street, the depth of such front or side yard shall be measured from the planned street lines.

11-6-110 Location of Barns.

No barn, corral or coop shall be constructed closer than fifty feet (50') to any existing dwelling nor shall any corral, pen or coop be constructed closer than twenty feet (20') to any open waterway that drains into a natural stream.

11-6-111 Drainage.

Surface water from rooftops shall not be allowed to drain onto adjacent lots or streets.

11-6-112 Fractional Numbers.

Any computation or measurement resulting in a fractional number shall be rounded down to the next smaller whole number, unless specifically expressed otherwise.

11-6-113 Off-Street Parking. Revised 5/23

(1) The purpose for off-street parking requirements is to provide adequate parking for the intended use of a parcel while eliminating the need to park in the public right-of-way. Every building, structure, improvement, and use shall provide permanent, maintained off-street parking as specified in this Chapter. The parking shall be a continuing obligation of the property owner as long as the use continues. It shall be unlawful for a land owner to eliminate required off-street parking unless otherwise provided on the parcel and approved by the City.

(a) Parking for Non-Conforming Uses: Any use of property which, on the effective date of this Chapter or of any subsequent amendment, is non-conforming only with the regulations relating to off-street parking facilities may continue in the same manner; provided, that parking facilities shall not be further reduced.

(b) Parking for Mobile Home Parks: This section shall not apply to the R-MHP Zone. Regulations for off-street parking in that zone are contained in the development and design standards for mobile home parks.

(2) General Provisions. The following general provisions apply to all off-street parking requirements of this Chapter.

(a) Location. The location of off-street parking facilities shall be as follows, and shall not be located within the public right-of-way:

(i) For single-family, duplex, and multi-family residential dwellings, required parking shall be located on the same lot as the building which they are required to serve. Required off-street parking shall not be located in a required front yard or side yard that abuts a street setback.

(ii) Parking for multiple-family buildings shall be located either behind the building or twenty feet (20') behind the front setback of a building within an interior side yard. The Commission may approve front loaded garages in multi-family buildings when the designated parking is at least twenty feet (20') behind the front facade and the width of the garage facade facing the street is less than thirty-four percent (34%) of the total building facade facing the street. Common underground parking garages with internal circulation may also be considered.

(iii) Parking in the VC-Village Center and TC-Town Center Districts shall be located behind the building.

(iv) For all other uses, including commercial and industrial uses, required parking shall be located on the same lot or on an abutting lot. In no case shall required parking be located across a public street without written approval of the Planning Commission and only when the parking area is within two hundred feet (200').

(v) If parking is located on a lot or parcel under different ownership, a perpetual easement must be recorded in the office of the Utah County Recorder prior to final approval.

(vi) Tandem parking (one (1) space in front of another) will not be allowed to satisfy the requirements found herein, except as defined in the Design Standards for New Construction in the Springville Historic District.

(b) Lighting. Exterior lighting shall be appropriate to the task. Any lights provided or required to illuminate a parking area shall be arranged in a manner that will reflect light away from adjacent properties.

(c) Shared Parking. The Planning Commission may approve the joint use of a parking lot or facility; provided, that the applicant can show that conflict between the different users can be effectively eliminated. For instance, willing parties such as a church and a commercial business may share parking facilities if typical heavy use parking times allow. Copy of recorded perpetual easement shall be provided to the Community Development Director.

(d) Construction plans for any parking facility or the alteration of any parking facility shall be submitted to the City for review and shall be approved by the Planning Commission. A parking lot or structure may be approved as part of the project approval.

(e) Change of Use. Whenever the use of any building is changed, the new use shall not be permitted and a business license shall not be issued until and unless the premises comply with the requirements contained herein.

(3) Design and Construction Standards. All parking facilities shall satisfy the following minimum standards for design of parking stalls and construction standards:

(a) All parking facilities shall be hard surfaced with asphalt or concrete or similar impervious materials. The materials shall meet the approved standards and specifications and be capable of handling the anticipated size and weight of vehicles, including public safety vehicles.

(b) Each parking lot shall be surrounded by a concrete curb or other border approved by the City Engineer to ensure the life of the surface and to limit the access to approved ingress and egress.

(c) All parking spaces shall have minimum dimensions of nine feet (9') by eighteen feet (18') for parking at right angles and shall require twenty-four feet (24') backing distance in aisle width. Parallel parking spaces shall have a minimum length of twenty-two feet (22').

(d) Requirements for parking developed at varying angles are according to Table 1 below and included in this Section. Parking stalls designed at less than a ninety (90) degree angle shall be allowed for one (1) way traffic only.

(e) Parking shall be designed to avoid backing onto a public street, except on minor local streets where the size or shape of the parcel is such that development would be precluded otherwise.

(f) Parking for the handicapped shall be provided at a size, number, location, and with signage as specified by State and federal regulations.

(g) Parking in R-1 zones shall have two (2) covered spaces except those lots of less than sixty feet (60') in width located in the Springville historic district which shall have at least one (1) covered space. Single-family dwellings in all other zones shall have at least one (1) covered parking space. For all two (2) unit and multiple-family dwellings there shall be one (1) covered stall per dwelling unit.

(h) In addition to any other landscaping requirements listed in Sections 11-6-208 through 11-6-210, parking lots with two hundred (200) spaces or more shall include a landscaped area, which includes a walkway connecting the street right-of-way to the store entrance of at least ten feet (10') in width.

(i) Separation from Buildings. Excluding single-family and two (2) family dwellings, all off-street parking spaces and interior access drives shall maintain a minimum five foot (5') separation from the wall of a building.

(j) Underground Parking Structures. All parking spaces within a common underground parking structure with internal circulation shall have minimum dimensions of nine feet (9') by eighteen feet (18') for parking at right angles with a minimum two feet (2') of spacing between the parking stop and the wall.

TABLE 1. PARKING ANGLE SPACE DIMENSIONS
	A	B	C
Parking Angle	Stall Width	Stall Length	Aisle Width
45°	9'	18'	13'
60°	9'	19'	17'
90°	9'	18'	24'
Parallel	9'	22'

FIGURE 1. FIGURE 2.

The letters in the Figures 1 and 2 correspond to the dimensions in Table 1 above.

(4) Maintenance. All parking facilities shall be maintained and kept free of garbage and debris. Striping of parking stalls shall be kept in a manner that allows each stall to be identified. Potholes, cracks, and other damage to the surface shall be repaired in a timely manner.

Any violation of this Section shall be determined to be a Zoning Violation and shall be punishable by a Class B misdemeanor pursuant to Section 12-2-21 of Springville City Code.

(5) Reduction in Parking Standards.

(a) An applicant may apply to the Planning Commission for a reduction in the amount of parking spaces. The applicant must clearly demonstrate that the required number of parking stalls is unnecessary for the proposed use and any possible future use of the building. Any request which lowers the amount of parking stalls by more than twenty percent (20%) shall not be approved.

(b) For the Historic Downtown Area (which is defined as that area zoned as TC Town Center and generally located between Center Street and 400 South from 100 East to 100 West) the Planning Commission may grant a parking reduction based upon the following considerations:

(i) A reduction in parking will still adequately meet the unique needs of the proposed land use;

(ii) A reduction in parking will not cause a shortage for other uses located in the area; and

(iii) A reduction in parking will contribute to the vitality and overall well being of the Historic Downtown Area.

(6) Parking Spaces Required. Off-street parking shall be provided as follows for all new buildings and structures, or enlargement of any existing buildings or structures. Should the required parking stalls as calculated using the following standards end in a fraction, the standard shall be rounded up to the next whole number.

(a) Requirements for types of buildings and uses not specifically listed herein shall be determined by the Planning Commission, based upon the requirements for the most comparable uses specified herein. Buildings with more than one (1) use shall provide parking required for each use.

USE	MINIMUM NUMBER OF PARKING SPACES REQUIRED
Single-Family Residential (detached or attached)	Two (2) spaces per unit.
Multi-Family Residential	Two (2) spaces per unit plus one-quarter (0.25) space per unit for visitor parking.
Public Agency Owned Senior Housing	Three-quarter (0.75) space per unit.
Elderly/Assisted Living Facility	One (1) space per every two (2) beds + one (1) space per employee.
Business Office	One (1) space per three hundred (300) square feet of floor area.
Medical/Professional Office/Clinic	One (1) space per two hundred fifty (250) square feet of floor area.
Commercial /Retail	One (1) space per three hundred (300) square feet of floor area.
Restaurant	One (1) space per four (4) seats or one (1) space per one hundred (100) square feet of gross floor area, including outside seating, whichever is greater.
Health/Amusement	One (1) space per one hundred fifty (150) square feet of floor area.
Aquatic/Recreation	One (1) space per two hundred fifty (250) square feet of floor area.
Automotive Service/Repair	Five (5) spaces per service bay.
Hotels/Motels	One (1) space per room + two (2).
Churches	One (1) space per one hundred (100) square feet of floor area.
Schools/Elementary	Two (2) spaces per classroom.
Schools/Secondary	One (1) space per employee + one (1) space per four (4) students.
Personal Services/Barbers/Beauty/Travel	One (1) space per two hundred (200) square feet of floor area.
Public Service or Utility	One (1) space per employee on the largest work shift + one (1) space per company vehicle normally stored or parked on the premises + one (1) space per five hundred (500) square feet of floor area.
Self-Storage Facilities	Three (3) spaces per one thousand (1,000) square feet of floor area devoted to office space, plus one (1) space per resident/manager, plus one (1) space for each fifty (50) storage units. Required parking spaces shall not be utilized as rental or leased spaces.
Theater – Indoor	One (1) space for every three (3) seats.
Manufacturing	One (1) space per employee on the largest work shift.

(b) Floor areas used in calculating the required number of parking spaces shall be gross floor areas of the building, calculated from the exterior outside wall without regard to specific inside uses. In mixed-use facilities, calculations shall be based on gross square footage of each identifiable use within the building and the total square footage of each identifiable use shall be the same as the gross floor area calculated from outside wall to outside wall.

(7) Stacking Space for Drive-In Businesses. All plans shall show the location, size and dimensions of all such facilities. The plans shall follow the stacking space schedule and shall demonstrate that such facilities will not result in the stacking of vehicles on public rights-of-way.

(a) Drive-in facilities shall be located in side or rear locations that do not interrupt direct pedestrian access along connecting pedestrian frontage.

(b) The length of stacking spaces shall be twenty feet (20').

Use	Minimum Number of Stacking Spaces	Measured From
Bank teller lane	4	Teller or window
Automated teller machine	3	Teller
Restaurant drive-in	8	Pick up window
Car wash stall – automatic – manual	6 2	Entrance Entrance
Attended parking lot or structure	3	Attendant
Gasoline pump	2	Each end of pump island
Pharmacy	4	Pick up window
Other		Determined by the City of Springville’s Community Development Director

(c) Allow existing sites to propose a means of stacking requirements while still meeting the intent of the ordinance codified in this Section as determined by the Planning Commission.

(8) Bicycle Parking. Every parking facility which is required to provide at least forty (40) vehicular parking spaces shall be required to provide bicycle parking spaces at a rate of one (1) bicycle parking space per every twenty (20) vehicular parking spaces.

(a) Bicycle parking spaces shall have a minimum width of two feet (2') and a minimum length of six feet (6'), unless the spaces are provided by a pre-manufactured bicycle rack or locker, which differ from this dimension, in which case the dimension of the pre-manufactured rack or locker shall suffice.

(b) Required bicycle parking facilities shall, at a minimum, provide a stationary object to which the operator can lock the bicycle frame and both wheels with a user-provided U-shaped lock or cable and lock.

(Ord. No. 20-05, 10/04/2005; Ord. No. 36-2006, 12/05/2006; Ord. No. 08-2008, 05/20/2008; Ord. No. 23-2008, 10/21/2008; Ord. 07-2009, 04/07/2009; Ord. No. 05-2010, 04/20/2010; Ord. No. 02-2014, 01/21/2014; Ord. No. 06-2015 § 5, 03/17/2015; Ord. No. 11-2016 § 1, 06/21/2016; Ord. No. 18-2016 §§ 2, 3, 09/06/2016; Ord. No. 50-2017 § 3, 09/05/2017; Ord. No. 04-2023 §§ 1, 2, 02/07/2023)

11-6-114 Motor-Vehicle Access.

The purpose of this Section is to alleviate or prevent congestion of public rights-of-way to promote the safety and general welfare of the public by establishing minimum requirements for the provision of access to public rights-of-way.

(1) General Provisions: The following general provisions apply to all motor-vehicle access requirements of this Chapter.

(a) Driveways shall provide paved access to a public street. Paving shall consist of an all-weather passable surface.

(b) No driveway with a slope of greater than twelve percent (12%) shall be permitted without approval of the City Engineer. And no driveway with a slope of greater than fifteen percent (15%) shall be permitted.

(c) The design and location of all driveways entering a State highway shall meet the requirements of UDOT (Utah Department of Transportation). UDOT approval of the driveway(s) shall be provided to the City in writing prior to the issuance of any building permit.

(d) Required driveways and parking spaces shall be paved and available for use before receiving a certificate of occupancy from the building inspector.

(e) Fire Lanes. A fire lane shall be required to provide access to any portion of any structure equal to or less than forty feet (40') tall which is more than one hundred fifty feet (150') from the nearest street right-of-way, and to any portion of any structure greater than forty feet (40') tall which is more than fifty feet (50') from the nearest street right-of-way. The Fire Chief may also require the provision of a fire lane or lanes to any part of any structure upon a determination that the distance of the structure from the nearest hydrant, the configuration of the development on the site, or other special characteristics of the site otherwise inhibit effective fire extinguishment. All fire lanes shall: (i) provide clear, unobstructed access for vehicles and apparatus at all times through a combination of pavement marking and signage; (ii) shall be a minimum twenty feet (20') wide; and (iii) shall be surfaced as an all-weather roadway.

(2) Single-Family, Twin Home and Duplex Residential Lots.

(a) Number and Width Requirements. Not more than two (2) driveways, each of which shall be a minimum of twelve feet (12') in width with a maximum of thirty feet (30') in width as measured at right angles to the center line of the driveway at the front lot line, exclusive of turnout areas to allow access to a garage, carport, or side yard area.

No more than forty percent (40%) or thirty feet (30'), whichever is less, of the front lot line may be used for driveway access as measured at the neck of the driveway. Lots located on streets designated as “Country Lane” rural streets shall have driveway widths limited to forty percent (40%) of the lot length or forty-five feet (45'), whichever is less.

(i) Side entry garages shall have a minimum of twenty-five feet (25') paved backup area as measured from the garage door to the edge of the far side of the driveway.

(b) Distance between drive approaches. No driveway approach shall be located closer than six feet (6') to another approach, as measured along the right-of-way line. The curb return shall not be constructed closer than three feet (3') to the side property line extended.

(c) Restrictions on Corner Lots. On any corner lot no drive approach shall be closer than twenty feet (20') to the point of intersection as measured at the property line.

(d) Circular Driveways. Circular driveways shall be permitted in required front yard areas of single-family dwellings leading to and from a properly located garage or carport on the property subject to the following conditions:

(i) All such drives shall not be over twelve feet (12') in width.

(ii) Such drives shall have an all-weather passable surface.

(iii) There shall be an area in landscaping at least fifteen feet (15') in depth from the front property line to the nearest edge of the drive.

(iv) Circular driveway areas are not to be used for permanent parking of any vehicle.

(e) Drive-strips (Hollywood drives) are permitted for single-family dwellings. The minimum width of each strip shall be eighteen inches (18") and paved with an all-weather passable surface. The area between the two (2) drive strips shall be maintained and/or landscaped.

(f) Twin-Home and Duplex Lots. If driveways for a two (2) family dwelling are combined, a landscape strip of at least three feet (3') wide shall separate the two (2) drives.

(3) Multiple-Family Residential Lots.

(a) Number and Width Requirements.

(i) No more than forty percent (40%) or thirty feet (30'), whichever is less, of the front lot line may be used for driveway access as measured at the neck of the driveway; or

(ii) A divided ingress-egress driveway, with each access width at least twelve feet (12') in width but not more than twenty-four feet (24') in width measured at right angles to the center line of the driveway at the front lot line.

(iii) For one (1) way drives the width shall be at least twelve feet (12') but not more than twenty-four feet (24') in width.

(c) Restrictions on Corner Lots. On any corner lot, no driveway shall be closer than thirty feet (30') to the point of intersection as measured at the property line.

(4) Other Than Residential Lots.

(a) Number and Width Requirements.

(i) Driveways per street frontage shall be allowed as follows:

Minor Collector/Local Street		Arterial/Major Collector Street
Feet in Frontage	Driveway Access	Feet in Frontage	Driveway Access
0 – 200	1	0 – 300	1
201 – 400	1	301 – 600	1
401 – 600	1	601 – 900	1
601 – 800	1	901 – 1,200	1
One additional driveway will be allowed for every additional 200 feet of street frontage as sequenced above.		One additional driveway will be allowed for every additional 300 feet of street frontage as sequenced above.

(ii) On 400 South between I-15 and 400 West, access shall be provided from intersecting streets with right-in and right-out access provided at driveway(s) meeting the requirements of UDOT (Utah Department of Transportation) standards.

(iii) Each two-way driveway shall not be less than twenty-four feet (24') nor more than forty feet (40') in width, measured at right angles to the center line of the driveway, except as increased by the permissible curb return radii. The entire flare of right-of-way radius shall fall within the right-of-way.

(A) Existing sites may increase driveway widths while still meeting the intent of the ordinance codified in this Section as determined by the Planning Commission.

Sites with buildings that were constructed on the site prior to July 1, 2016, may increase the driveway width up to fifty-five feet (55') as long as the increased driveway width meets the intent of the ordinance codified in this Section as determined by the Planning Commission.

(b) Distance between drive approaches. No two (2) of said drives shall be closer to each other than fifty feet (50') as measured from the most adjacent approach edge.

(c) Restrictions on Corner Lots. On any corner lot, no driveway shall be closer than one hundred feet (100') for arterial or collector streets, and fifty feet (50') for local streets, to the point of intersections as measured at the property line.

(d) Shared Access Driveways. Lots are encouraged to have a shared access guaranteed by a recorded perpetual access easement. If shared access occurs, an additional ten feet (10') in driveway width is permitted.

(e) Cross Access Driveways. In order to provide vehicular access between two (2) or more contiguous sites without entering the public street, cross access driveways are required wherever possible.

The Planning Commission or City Council may modify or waive this requirement on properties with multiple street frontages where access between two (2) lots can be accomplished through the use of a minor collector or local nonresidential street.

(Amended by Ord No. 39-2007, 12/04/2007, Ord. No. 20-2007, 04/03/2007; Ord. No. 12-2008, 06/17/2008: Ord. No. 06-2010, 06/01/2010; Ord. No. 20-2014 § 1, 08/19/2014; Ord. No. 11-2015 § 1, 09/01/2015; Ord. No. 11-2016 § 1, 06/21/2016)

11-6-115 Temporary Uses.

(1) Purpose. This Section is enacted to accommodate certain uses which are temporary or seasonal in nature. Subject to the provisions of this Section, the Community Development Director or the Community Development Director’s authorized representative may issue a permit for the time period designated for each use, subject to the findings that the temporary use is not a health or safety hazard and conforms to relevant portions of the Springville City Code.

(2) Application and Review. The procedure for applying for a temporary use permit shall be as follows:

(a) Submission of a completed temporary use permit application and applicable fee, along with the following:

(i) Site plan drawing that illustrates dimensions and locations of any existing structures on the property with dimensions and setbacks noted and showing all existing driveways, landscaping, and parking stalls associated with the site;

(ii) Written authorization from the property owner;

(iii) Proposed signage associated with the use;

(iv) Explanation of sanitary facilities to service the site;

(v) Details of the restoration of the site to its original condition;

(vi) Bonding/insurance requirements if applicable; and

(vii) Any other required information as requested by the Community Development Director.

(b) The Community Development Director shall review the temporary use permit application for compliance with the general standards and specific regulations (as applicable) set forth in subsections (3) and (4) of this section and shall approve, conditionally approve, or deny the application within ten (10) working days.

(c) Any person aggrieved or affected by a decision of the Community Development Director in denying a temporary use permit may appeal to the City Council in writing within ten (10) days after notice of the decision is given. The decision of the City Council shall be final.

(3) General Standards. All temporary uses shall meet the following requirements:

(a) The proposed temporary use will be located, operated and maintained in a manner consistent with the policies of the General Plan and the provisions of the Code.

(b) The proposed site for the temporary use or structure is adequate in size and shape to accommodate the temporary use.

(c) The proposed site is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that such temporary use will or could reasonably generate.

(d) Adequate parking to accommodate vehicular traffic to be generated by such use will be available either on site or at alternate locations.

(e) The operation of the requested use at the location proposed and within the time period specified will not jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare.

(f) Permanent alterations to the site are prohibited.

(g) Permanent signs are prohibited. All approved temporary signs associated with the temporary use shall be removed when the activity ends.

(h) The temporary use regulation of the Section does not exempt the applicant or operator from any other required permits, such as health department permits.

(i) As appropriate, a cash bond to ensure clean-up and necessary restoration work shall be required. The bond shall be $3,000.00 for large scale events, mobile sales offices and construction trailers and $300.00 for all other temporary uses that can be used for the required removal of the structure. The applicant shall sign a statement stating that the City may use the bond for removal or clean-up of the temporary use.

(4) Specific Regulations.

(a) Christmas Tree Sales Lots. Allowed in all commercial and manufacturing zones. Display of Christmas trees need not comply with setback requirements of the zone; however, no tree shall be located in any sight triangle. The temporary use permit shall be valid for a forty-five (45) day time period.

(b) Fireworks Sales. Allowed in any commercial or manufacturing zone from temporary stands or trailers. Fireworks sales are also subject to the requirements of Title 3 of this Code.

(c) Fast food huts of less than one hundred (100) square feet for the retail sale of food items such as shaved ice, snow cones, hot dogs, tacos and soft drinks. Allowed in any zone where fast food eating establishments are permitted. The temporary use permit shall be valid for a six (6) month time period. Temporary uses selling items for human consumption on site shall be subject to all Health Department regulations.

(d) Garage, Yard, House or Apartment Sale. Allowed in all residential zones and all properties used residentially. Such use shall be limited to two (2) consecutive days and no more than three (3) such sales may be conducted from the same property in any twelve (12) month period.

(e) Large-Scale Special Events, Such as Carnivals, Concerts, Circuses, Including But Not Limited to Outdoor Entertainment and Similar Events. May be allowed in all zones. Such events may be permitted on any single property up to a maximum of one (1) forty-five (45) day event within a calendar year, with a limitation of no more than three (3) non-consecutive separate events of a maximum of fifteen (15) days per each event. In authorizing an application for a large scale event, the Community Development Director or his designee shall include as conditions of approval the following minimum provisions:

(i) The use will be limited to the dates and times (or period of time), nature and extent prescribed by the Community Development Director.

(ii) Provisions for fire protection and fire vehicle access will be made as prescribed by the Fire Chief.

(iii) The site shall be cleaned and restored to its original condition or better at the conclusion of the event. An adequate number of trash receptacles shall be provided on site and shall be emptied or removed as necessary at the applicant’s expense.

(iv) All applicable laws and ordinances shall be observed. This shall include but not be limited to the equipment used, construction, plumbing, mechanical, electrical and all other respects shall be observed.

(v) Any food concessions must be licensed and operate under a valid Health Department permit pursuant to local ordinances and State laws.

(vi) Provision of adequate sanitary and medical facilities.

(vii) The applicant shall obtain and secure liability insurance to cover all activities prior to issuance of a temporary use permit.

(viii) Any additional limitations or conditions as required by the Community Development Director.

(f) Mobile Construction/Sales Offices and Contractor’s Storage Yard. Allowed in all zones in conjunction with development during the construction period of a specific project. Such uses must be used exclusively as a temporary office and shall provide water and toilets at the construction site. When, due to site constraints, location within the required setback is needed, the location of such facilities may be approved by the Community Development Director. The initial authorization shall be for twelve (12) months with two (2) six (6) month extension periods allowed where construction on the site is proceeding in a timely manner. Such uses must be removed within fourteen (14) days of occupancy of the permanent building or completion of the project.

(g) Outdoor Traveling Retail Sales, Such as Sales of Tools, Housewares, Rugs, Toys, Spas or Other Manufactured Goods Along with Retail Services. May be allowed in all commercial and manufacturing zones. Such events may last up to a maximum of thirty (30) days, including set-up and take-down of facilities.

(h) Sale of Motorized Vehicles. Allowed in any commercial zone or manufacturing zone where auto sales are a permitted use. Up to three (3) sales per calendar year lasting no more than three (3) days each at any specific location.

(i) Real Estate Offices, Including Model Home. Allowed in all zones, provided they are located within the development for which units or space are being sold. No such use may contain any cooking or sleeping accommodations unless located in a model home. Such use shall be connected to the City’s water and sewer system. Off-street parking shall be provided for employees. The temporary use permit shall be issued for twelve (12) months and may be renewed for six (6) month intervals thereafter until the development is sold out.

(j) Seasonal Produce Sales. Allowed in all commercial, manufacturing and agricultural zones. The temporary use permit for such uses shall be valid from June through October.

(k) Tents. Allowed in any district, in connection with any permitted or conditional use. The tent shall be in conformance with all City Codes. A tent may be in use for up to a maximum of ten (10) days, including set-up and take-down.

(l) Temporary Signs. A temporary use permit may be issued for temporary signs in all non-residential zones subject to Section 11-6-311.

(m) Temporary Concrete Batch Plants. May be allowed in the Heavy Industrial-Manufacturing (H-IM) Zone with the following conditions:

(i) Such plants shall only be allowed for a specific project which shall be located in Springville.

(ii) The initial authorization shall be for six (6) months with one (1) six (6) month extension. Reapplication for the same site may not be allowed for one (1) year.

(iii) Hours of operation shall be limited from 7:00 a.m. to 7:00 p.m., Monday through Saturday.

(iv) Sanitary facilities and water shall be provided at the site.

(v) Written approval of a SWPPP permit shall be provided and approved by Springville City.

(vi) Written approval and proper permitting from the Utah Division of Air Quality is required.

(vii) The site shall be located no closer than one thousand feet (1,000') from any residence, school, recreation area, or public gathering place as measured from the property line.

(viii) Trucks must follow designated routing to and from the site as approved by the Public Works Director or designee. A mitigation plan for the effects of heavy trucks on City streets may be required.

(ix) The site may not be used for vehicle maintenance.

(x) All portions of the site used for truck traffic shall be graveled and subject to approval by the City Engineer or designee.

(xi) The City may require that aggregate piles be covered or treated with water or dust-suppressant materials.

(Amended by Ord. No. 03-2007, 01/02/2007; Ord. No. 02-2010, 02/16/2010; Ord. No. 09-2010, 06/15/2010; Ord. No. 06-2011, 04/05/2011)

11-6-116 Home Occupations.

(1) This Section has been enacted to provide minimum standards for the establishment and operation of home occupations within residential areas.

(2) Home occupations may be permitted only as provided herein. Provided, however, a home occupation permit shall not be required for any of the uses listed in subsection (9) of this section.

(a) Any person desiring a home occupation permit, as provided in this Section, shall file an application with the Community Development Department. The application shall be on a form provided by the department and shall include such information as the Community Development Director shall require.

(b) Upon receipt of an application, the Community Development Director shall review the application and proposed home occupation for compliance with the conditions of subsection (3) of this section.

(c) If the Community Development Director determines that all of the conditions of subsection (3) of this section are met, the Community Development Director shall grant the permit.

(3) All home occupations, whether or not a permit is required by this Section, shall be permitted only subject to and shall at all times comply with the following conditions. In making a decision on any application, the Community Development Director shall consider compliance of the proposed home occupation with the following conditions:

(a) Home occupations will be permitted only in the following zones: A-1, R1-15, R1-10, R1-8, R1-5, R2, RMHP, RMF-1, RMF-2, PO, VC and TC.

(b) The home occupation shall not allow the use of any accessory building, yard space or storage or for activities outside the dwelling not normally associated with residential use, except outside private swimming pools or tennis courts may be used for instruction. Additionally, outdoor space required by this article for child care related home occupation is excepted from this subsection.

(c) No person, other than members of the family occupying the dwelling located on the zoning lot, shall be employed at the home occupation. Home occupations in the R1-15 Zone on lots of twenty thousand (20,000) square feet or more that front along major arterial streets may employ up to three (3) employees that are not members of the family occupying the dwelling on the zoning lot.

(d) The home occupation shall not require nor use any facilities for the display of goods.

(e) No commercial vehicles shall be used, with the exception of one (1) delivery truck, which does not exceed three-fourths (3/4) ton rated capacity.

(f) The home occupation shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes and shall not change the character of the building from that of a dwelling.

(g) One name plate or marker, not to exceed two square feet is allowed, and shall be attached to the dwelling or other structure as allowed by the Community Development Director. The home occupation shall not display nor create outside any structure any other external evidence of the home occupation.

(h) The total area devoted to the home occupation within a building or buildings shall not exceed 25% of the living area of the dwelling located on the zoning lot.

(i) The home occupation shall be registered with and licensed by the business license division of the City and with all applicable state agencies.

(j) Entrance from the outside to the area of the dwelling used for the home occupation shall be the same entrance normally used by the residing family, except when otherwise required by the Utah State Department of Health or other state agency. Home occupations in the R1-15 Zone on lots of 20,000 square feet or more that front along major arterial street may have an entrance or access directly to the exterior of the building, however there must be an internal access way or connection maintained between the home occupation space and the living space of the home.

(k) The physical appearance of the dwelling, amount of traffic and parking, and other activities generated by the home occupation shall not be contrary to the intent of the zone in which the home occupation is located. All required off-street parking must be met. Home occupations in the R1-15 Zone on lots of 20,000 square feet or more that front along major arterial street must provide at least one off-street parking pace for each nonresident employee in addition to the spaces required for the residence.

(l) The home occupation shall, and the structure in which it is conducted shall, comply with all Fire, Building, Plumbing, Electrical and Health Codes.

(m) The home occupation shall not be associated with nor produce odor, fumes, dust, light, glare, color, design, materials, construction, lighting, sounds, noises, vibrations, including interference with radio or television reception, that may be discernable beyond the premises or which disturb the peace and quiet of the neighborhood.

(n) A home occupation shall not involve furnishing child care for more than twelve (12) children under twelve years of age, including children who reside in the dwelling unit, and child care may not be provided for more than three children under the age of two including the caregiver’s own children under the age of two. There shall be at least two caregivers in the home occupation dwelling at all times where there are nine (9) or more children present, counting the caregivers own children, grandchildren, nieces, nephews, wards, step-children under age 12, or when more than two infants are present. All child care related home occupations are also subject to any State requirements and permits. The area of the home used in the home occupation must be fully finished. Within this dedicated area there must be at least 35 square feet per child. Additionally, the property for the home occupation must provide an outdoor play area that is fenced and sufficient in area to accommodate 100 square feet per child.

(o) The home occupation shall not require the use or storage of any hazardous substance in excess of the amount usually used or stored in residential uses and, in order to protect the residents of the area from contact with contaminated materials, shall not include providing medical services.

(4) Any permit issued pursuant to this Section may be revoked by the Community Development Director for failure of the holder of the permit to comply with any of the conditions of subsection (3). The Community Development Director shall likewise refuse to grant a renewal of such a permit for failure of the holder to comply with any of the conditions of subsection (3).

(5) All home occupation permits issued pursuant to this Section shall be valid for a period of one year from the date of issuance. All home occupation permits issued pursuant to the former ordinance governing them shall expire one year from the effective date of this Section or at such earlier time as they may expire by their own terms. Thereafter, all home occupation permits shall be issued and renewed only in accordance with this Section.

(6) Applications for the renewal of a home occupation permit shall be made annually in accordance with the renewal process of a City Business License to the Community Development Director.

(7) All applications for the issuance of a home occupation permit shall be accompanied by an application fee in such amount as may be specified by the City’s standard fee schedule established from time to time by resolution of the City Council. Such fee shall be in addition to any business license fee which may be required by other provisions of this Code.

(8) The Community Development Director, or his designee, may at all reasonable times enter the premises for which a home occupation permit has been issued to ascertain compliance with this Section. He may also inspect such premises prior to the issuance of a home-occupation permit. Refusal by the owner or occupant of the premises to allow such inspection, when requested, shall be grounds for denial or revocation of a home occupation permit.

(9) A home occupation permit shall not be required for use of a residence, which use is limited to receiving and sending mail and telephone calls or for child vendors, e.g.: lemonade stands.

(10) Any person aggrieved by a decision of the Community Development Director pursuant to subsection (2)(c) may appeal that decision to the Board of Adjustment as provided by Section 11-2-305.

(Amended by Ord No 29-2007, 08/07/07, Ord No 25-2006, 9/5/2006, & Ord No 38-2006, 12/19/2006)

11-6-117 Recreation Vehicles and Mobile Homes Prohibited – Exceptions.

It shall be unlawful to place any recreation vehicle on any lot or parcel of land in the area covered by the zoning map and to use the same for human habitation, except when located in a recreation-vehicle court, or when used as temporary sleeping quarters when located on the same lot as a dwelling for a period of not more than fifteen (15) days in any one calendar year. It shall be unlawful to place a mobile home on any lot or parcel of land in an area covered by the zoning map and to use the same for human habitation, except in compliance with one or more of the following conditions.

(1) When located in a licensed mobile-home park or in a recreation-vehicle court.

(2) When placed on a lot on which a main building is being constructed subject to the following conditions:

(a) The mobile home will be connected to the City’s water and sewer system.

(b) The Board of Adjustment, after public hearing, finds that property values in the surrounding area will be fully safeguarded. In making such a finding, the Board of Adjustment may specify the location on the lot or parcel of land where the mobile home may be placed in order to have the least effect on value of surrounding property.

(c) The mobile home may be placed on the lot or parcel of land only after the Board of Adjustment makes the finding required by paragraph (b) above and in accordance with the direction of the Board of Adjustment and only after a building permit has been issued for the main building.

(d) The mobile home may remain on the lot or parcel of land only until the earlier of completion of the main building or one year after issuance of the building permit for the main building. The mobile home shall be removed from the lot or parcel of land upon expiration of the time allowed by the preceding sentence.

(e) Before the mobile home is placed on the lot or parcel of land, the owner shall deposit with the City Treasurer the sum of $3,000 which shall be a bond to assure removal of the mobile home as required by paragraph (d) above. That amount will be returned to the owner upon removal of the mobile home as required. If the mobile home is not removed as required, the City may use the amount of the deposit to defray the City’s expenses in obtaining removal of the mobile home. The owner shall, upon making the deposit, sign a statement that the City may use the deposit for that purpose.

11-6-118 Moved Buildings.

(1) Since moved buildings have often been constructed in a time period prior to the adoption of a Building Code and are frequently left in an unsafe and unattractive condition, extra precautions shall be taken to insure that the buildings conform to this Title and that the appearance of the premises is in keeping with buildings in the surrounding area.

(2) No permit shall be issued for the moving of any building which has had prior use, from one site within the City to another site within the City or from a site outside of the City to a site within the City, without a pre inspection being made of the building by the Building Inspector prior to moving. The fee for conducting a pre inspection shall be established by resolution of the City Council.

(a) The following information shall be filed with the Building Inspector at the time the application is made:

(i) Location and address of the old and new site.

(ii) Plot plan of the new location, also showing adjacent lots on all side of the property and indicating all structures and improvements on said lots.

(iii) Plans and specifications for the proposed improvements at the new location, including plans for landscaping.

(iv) Photographs of the buildings to be moved.

(b) The application shall be submitted to the Planning Commission for site plan approval pursuant to Chapter 7 of this Title.

(c) Before the Commission may approve an application for the moving of a building onto a lot within the City, it must find:

(i) That the building will have no appreciable detrimental effect on the living environment and the property values in the area into which the structure is to be moved.

(ii) That the building and the lot on which the building is to be located will conform to the requirements of this Code and the Building Code.

(iii) That all required dedications and improvements for streets and other facilities shall be provided in conformity with City standards.

(d) Before a permit to move a building may be granted, the applicant shall post a bond or other assurance as determined by the City Council to cover costs of bringing the buildings and grounds up to standard. In the event of failure to comply with conditions required by the Council, the Council may declare the bond or other assurance forfeited.

(e) The bond shall also cover the costs involved in cleaning up the vacated site in the City, and restoring it to a safe and sightly condition.

11-6-119 Recreation-Vehicle Courts.

Recreation-vehicle courts may be constructed and operated in accordance with the following guidelines and restrictions:

(1) Construction. Recreation-vehicle courts may be constructed upon approval of the Planning Commission subject to the following conditions:

(a) Recreation-vehicle courts are listed as a permitted or conditional use within the zone.

(b) The proposed site contains an area of at least one (1) acre.

(c) A plan, showing the design and layout of the proposed court, shall have been submitted to and approved by the Planning Commission.

(d) All recreation-vehicle courts shall provide adequate service facilities.

(2) Operation. Any recreation-vehicle court within the City, including any validly existing or legally nonconforming recreation-vehicle court, shall operate under the following guidelines and restrictions:

(a) The court owners are responsible to maintain all open spaces and pay all utilities for the Court.

(b) No parking is allowed outside of designated parking stalls within the recreation-vehicle court.

(d) No propane tanks in excess of fifty (50) gallons that are not integrated as part of the unit are allowed within the court.

(e) The court is required to include a patron’s permanent address as part of the innkeeper log.

(f) The longest permissible rate will be a thirty (30) day stay.

(g) Neither recreational vehicles nor patrons may stay more than one hundred twenty (120) days in a calendar year.

(Ord. No. 05-2012, 06/05/2012)

11-6-120 All Lots Shall be Improved Prior to Issuance of Building Permit.

(1) No building permit shall be issued for the construction of a dwelling or commercial or industrial structure which is to be located on a lot or parcel outside of an approved subdivision, unless said lot or parcel shall be fully improved. Said full improvements shall consist of municipal water, secondary water, and sewer to the property, paved street, curb, gutter and sidewalk. If the lot or parcel abuts on either side with a lot or parcel for which curb, gutter, or sidewalk has not been installed, an applicant for a building permit may, in lieu of installing the improvements required by this paragraph prior to obtaining a building permit, include such improvements in his construction plans and sign an agreement with the City that such improvements will be installed, or if by recommendation of the City Engineer, a waiver of protest may be signed and approved by the City Council, waiving the right of the landowner to protest any possible future special improvement district.

(2) If an applicant for a building permit is required to install any improvements pursuant to the preceding paragraph, or if the Building Inspector determines that the construction contemplated by the application may result in any damage to a public street, curb and gutter, sidewalk, water, or sewer, or electric line, or any other publicly owned improvement, or if the construction contemplated by the application will include connection or relocation of any municipal water or sewer line or excavation within any public street, the Building Inspector shall require, prior to issuance of the building permit, that the applicant post with the City a guarantee of performance. Such performance guarantee will guarantee that all improvements required by the preceding paragraph will be installed to City standards and specifications, that any damage done during the construction to a sidewalk, curb, gutter, street, sewer line, water line, electric line or other public improvement will be repaired to City standards and specifications, and that all connections to and relocations of the municipal water and sewer system will be properly made. All such performance guarantees shall be in an amount determined adequate by the Building Inspector to protect the interests of the City, but in no event shall an applicant be required to post a guarantee in an amount greater than $15.00 per frontage foot of the lot or parcel to which the permit will apply. All guarantees shall be in the form required by Chapter 5 of Title 14 of City Code.

11-6-121 Flag Lot Development.

Purpose: Flag lots are intended to allow development of substantial, buildable properties where the extension of public streets cannot or should not be extended, due to sensitive land, topographic or other natural features.

Additionally, constraints created by the existing built environment may be a consideration. Lot size for such uses is necessarily large to help insure privacy of adjacent properties that are most impacted by the development of the flag lot(s).

(1) The Community Development Director may approve the creation of a flag lot and/or the construction of a one (1) family dwelling on a flag lot. Approval shall be subject to the following:

(a) The site is not developable under conventional development standards and procedures;

(b) No area, setback, or other variance will be required to allow the proposal;

(c) The proposal is compatible with the existing development, in terms of height, building materials and animal keeping and approval of the dwelling will not adversely affect the living environment of the surrounding area;

(d) No deleterious objects or structures shall be constructed or maintained on the premises; and

(e) Public safety issues, such as fire hydrants, have been adequately addressed.

(2) Submission Requirements. A detailed site plan shall be submitted for review by the Community Development Director. Said site plan shall include:

(a) All existing and proposed structures on the building site and adjacent parcels, driveway and parking areas and the area on the site to be landscaped;

(b) Proposed access to the building site along an access way which shall not be less than twenty-four feet (24') in width nor more than one hundred twenty feet (120') in length or as required by Section 503 of the International Fire Code. Two (2) adjoining flag lots may share one (1) access way when designated as a right-of-way easement for the perpetual use of the adjoining flag lots and as a public utility easement. At least twenty feet (20') for the full length of the access way shall be paved with either concrete or asphalt. No parking will be allowed on any portion of the access way. The portion of the access way that is unpaved shall be landscaped;

(d) The setbacks from property line to the proposed structure, which shall meet the requirements of the underlying zone, except for side yards that abut existing rear yards, which shall be set back at least twenty feet (20');

(e) The orientation of the proposed house. A house located on a flag lot may orient the front of the house (i) parallel to the public right-of-way from which the access lane extends, or (ii) facing the side of the property on which the access lane is located. Orientation of a house does not affect where setbacks are measured on the lot. For example, the front setback is always measured from the lot line of the flag lot closest to and parallel to the public right-of-way from which the flag lot is accessed.

(f) The proposed width of the building site, which shall meet the minimum width of the underlying zone and extend at least sixty-seven percent (67%) of the depth of the lot;

(g) All setbacks. Where a property contains an access easement, setbacks shall be measured from the edge of the easement closest to the main structure, or where the main structure is proposed.

(Ord. No. 13-2015 § 1, 10/06/2015; Ord. No. 19-2018 § 1, 10/02/2018)

11-6-122 Review of School Plans.

Prior to the issuance of a building permit for any school or other school facility, a site plan shall be approved by the Planning Commission. The plan shall indicate the location and proposed use of all existing and proposed buildings, all open areas, athletic areas and facilities, the location of parking spaces, driveways, and points of ingress and egress. The Planning Commission may require adjustments in the plan and attach such conditions thereto allowed by law as it may determine are necessary to further promote health, safety, convenience of the residents of the City, and to improve the accessibility of the school, and preserve the quality of the living environment within and surrounding the facilities.

(Ord. No. 06-2015 § 6, 03/17/2015)

11-6-123 Manufactured Housing.

Each manufactured housing dwelling unit which is located in a zone other than the RMHP Zone shall meet the following requirements:

(1) The dwelling unit shall comply with all requirements of the zone in which it is located.

(2) The dwelling unit shall be certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 and shall not have been altered in violation of such certification.

(3) The dwelling unit must be taxed as real property or an appropriate affidavit filed with the Utah State Tax Commission as provided by Utah Code Annotated 1953, Section 59-2-602, as amended.

(4) The dwelling unit shall be permanently connected to all required utilities.

(5) Installation of the dwelling unit must meet the standards required by Section 10-1-101 of this Code. The space beneath the structure must be enclosed at the perimeter of the dwelling in accordance with minimum dimensions of 3 feet by 3 feet constructed to meet the requirements of the Uniform Building Code. All running gear, tongues, axles, and wheels must be removed at the time of installation.

(6) At least 60 percent of the roof of the dwelling unit must be pitched at a minimum of 2.75:12 and shall have a roof surface of wood shakes, asphalt, composition or wood shingles, concrete, fiberglass or metal tiles, slate, or built up gravel materials.

(7) The dwelling unit shall have exterior siding material consisting of wood, masonry, concrete, stucco, masonite, or metal or vinyl lap or any material meeting the Uniform Building Code. The roof overhang shall not be less than eight (8) inches, including rain gutters which may account for up to four (4) inches of the overhang required, measured from the vertical side of the dwelling unit. The roof overhang requirement shall not apply to areas above porches, alcoves and other appendages which together do not exceed one-fourth of the length of the structure.

(8) The width of the dwelling shall be at least twenty (20) feet at the narrowest point of its ground floor level for a length of at least forty (40) feet, exclusive of any garage area. Width shall mean the smaller of the two primary dimensions. The dwelling unit shall consist of multiple transportable sections at least ten (10) feet wide, unless transportable in three or more sections in which case only one section must be ten (10) feet wide.

11-6-124 Tendering of Water Rights.

(1) Unless the required amount of water rights have been tendered pursuant to this section, a builder, developer or property owner shall, as a condition of the issuance of a building permit, the recordation of a residential subdivision plat, or a change in use, tender to the City water rights in conformance with subsections (2)(a) and (b) of this section. All water rights tendered to the City must:

(a) Be capable of producing an annual quantity of water not less than the annual quantity which would be produced by an equivalent first class water share in the Springville Irrigation Company; and

(b) Meet beneficial use requirements found in Utah State Code and all other applicable laws, rules, and regulations.

(2) Water shall be tendered based upon use, as follows:

(a) Single-Family Residential Use. Water shall be tendered in the amount equal to one (1) share per acre, and prorated for partial portions thereof, exclusive of public streets.

(b) Multi-family Residential Use and Nonresidential Use. Water shall be tendered at the time a building permit is issued or a change of use occurs, as follows:

(i) Similar Use. Developers shall submit a study that establishes water use for similar use properties in the State. The study shall include relevant information for each property including exterior landscaped area, exterior water features, utility and/or joint use area interior water uses, private interior water uses, number of employees and/or residents, and the square footage of the building(s). The developer shall use properties as similar to the property to be developed in the aforementioned characteristics. The City Engineer, taking into consideration the developer’s provided study, shall determine the amount of water to be dedicated.

(ii) Fixture. If a similar use study is impracticable, then the developer shall submit a document to the City Engineer that includes type(s) and number of water supply fixtures, exterior landscaped area, exterior water features, utility and/or joint use area for interior water uses, private interior water uses, number of employees and/or residents, the square footage of the building(s), and any other information required by the City Engineer. The City Engineer, using his experience and the fixture standards provided by the City’s adopted plumbing codes or the Utah Division of Drinking Water Standards, shall calculate the amount of water to be tendered for the development.

(iii) Change of Use. A developer or property owner who changes the use of a property that increases water usage for that property will be required to tender additional water based on the difference between the existing use and the proposed use using the similar use or fixture methodologies under this subsection (2)(b) of this section.

(Amended by Ord. No. 6-91; Ord. No. 04-2014 § 1, 02/18/2014)

11-6-125 Utility Easements.

(1) Utility Easements Required. Utility easements may be required as part of the site plan and/or building permit process.

(2) Vacating Utility Easements. Any person owning property within the City of Springville may apply to the City Council to vacate a utility easement located on his property. The property owner shall do so by submitting the request in writing to the Community Development Director. The request shall be accompanied by written permission from all interested utilities agreeing to the vacation of the easement. The Community Development Director shall submit the request along with his recommendation to the City Council as soon as practical. The City Council may approve the vacation when it appears to be in the best interest of all concerned parties.

(3) Building Over Private Property Utility Easement. Any person owning property within the City of Springville may apply, in writing, to the City Building Official for a permit to build over a utility easement located on the owner’s property. The Building Official may issue said permit upon the following terms and conditions:

(a) The owner of said property shall furnish to the Building Official a letter addressed to the City wherein the owner(s) of the property do hold harmless and indemnify the City and indicating that said owner will pay for and be responsible for any costs associated with the building or structure constructed on the easement, and if required its removal, should the easement become active and a use of the easement is required by the City or any legitimate utility company. The request shall be accompanied by written permission from all interested utilities agreeing to building over of the easement.

(4) Building Under Private Property Utility Easement. If the utilities are or will be constructed aboveground, buildings and structures may be built, provided at least:

(a) Fifteen feet (15') clearance is maintained between building structure and utility lines; and

(b) Five feet (5') clearance is maintained between building structure and any utility pole.

11-6-126 Bus Benches and Bus Shelters.

Bus benches and bus shelters may be located on public property when approved by the City Council in accordance with Section(s) 4-3-103 and 4-3-104. Bus benches and bus shelters shall not be located on private property.

(Ord. No. 13-2010, 10/05/2010)

11-6-127 Underground Drains.

No building permit shall be issued, nor shall any site plan or subdivision be approved, for any property which is crossed over or impacts any part of an underground drain, unless the plans and specifications for the construction to be accomplished thereon provide for the removal and replacement of such underground drain, and the plans and specification for removal and replacement have been approved by the district, company, companies, person or persons owning the easement, recorded or prescriptive, for the underground drain. A waiver of the requirement to remove and replace the underground drain shall meet the requirement of this Section if in writing, and if signed by the district, company, companies, person or persons having authority to waive the requirements to remove and replace the underground drain.

11-6-128 Environmental Impact Statement.

The Planning Commission may require the inclusion of an environmental impact statement, prior to site plan, subdivision or building permit approval. All environmental impact statements shall include the information specified below and be prepared in accordance with the standards specified in Titles 11 and 14.

(1) Name of proposed project.

(2) Date of preparation of the statement.

(3) Names and addresses of the owner and developer.

(4) A description of the project, including:

(a) The type of project.

(b) A topographic map or maps showing the features of the proposed project, including the location of existing and proposed dwellings and other structures, buildings, paths, recreational areas, roads, and open space.

(c) If staged development is contemplated, the sequence of such development and the approximate time of construction for each stage.

(d) The description of the proposed project should be sufficiently detailed to reflect all of the data necessary to enable the Planning Commission and City Council to make a decision as to whether or not the proposed project is consistent with the City’s Master Plan and otherwise complies with the provisions of this Code.

(5) A description of the surrounding environment of the project, including the location and flows of streams, springs, seeps, and storm drainage channels, if any, in or near the proposed project, and the location of the project in relations to municipalities, urban centers, recreational sites, farmlands and other significant features.

(6) A narrative statement, including an analysis of the negative and positive consequences of the proposed project with respect to the following features:

(a) Soil erosion and control of erosion within the proposed project area.

(b) The types and extent of vegetation and wildlife and the re-seeding of cuts and fills.

(d) Geologic hazards and the disposition of such hazards or soil conditions which may cause injury to life or improvements, including buildings and the utility system.

(e) Fire hazards and the provision for control of fire and dust.

(f) Flood hazards and the provision for the control of floods.

(g) Underground drainage, if needed, and the disposal of the same.

(h) Surface drainage and the disposal thereof.

(i) An evaluation of the following socio-economic factors: probable changes in population resulting from the project; probable changes in economic structure of the area; probable amount of additional traffic on off-site access streets; impact on and demand for use of existing sewer lines, water supply lines, and other facilities; estimated costs of improving off-site facilities which may be needed to adequately serve the area, whether or not such improvements will be funded by the developer; estimated costs of constructing on-site private as well as public improvements and comparison of the anticipated tax revenues with the cost of services which will likely be imposed on the City.

11-6-129 Geologic Study.

The Planning Commission may require the inclusion of a geologic study as part of the site plan, subdivision, or building permit approval process. Each geologic study which may be required by any provision of Title 11 or 14 of this Code shall include the following documents and information:

(1) A map showing the site location and regional setting of the subject property.

(2) A geologic map which illustrates actual or potential landslides, fault zones, shallow water tables, expansive or collapsible soils, debris flows, flood areas, and any other pertinent natural or artificial features that might influence the stability of the subject property or adjacent property. Actual or probable surface and subsurface conditions shall be shown with those relations and conditions which are conjectural being clearly labeled as such. The proposed grading, filling, excavation or structure to be erected shall be shown in relation to the geologic features. All corrective or remedial action which is proposed shall be shown and clearly identified as such.

(3) Maps shall use a scale of one inch (1") equals one hundred feet (100'), with contour lines at five foot (5') intervals. Existing contours shall be shown by dashed lines and proposed contours shall be shown as solid lines. Boring logs, cross-sections, test trench logs, soil sample descriptions, and test results shall be included.

(4) A description of the proposed grading, filling, excavation, or structure.

(5) An analysis of the effects of the proposed grading, filling, excavation, or erection of a structure in relation to the conditions shown in the geologic maps.

(6) With regard to a structure, an analysis of the manner in which the same, as constructed, will be made reasonably safe for human habitation.

(7) A description of any corrective or remedial action necessary to comply with applicable provisions of this Title. All such actions shall be described and analyzed in detail.

(8) A list, including title, author, and date, of all prior studies or reports which are relied upon to make the report.

(9) A certificate in substantially the following form: “I hereby certify that I am a geotechnical engineer or an engineering geologist, as those terms are commonly used and accepted in the profession. I have examined the geologic report to which this certificate is attached and the information and conclusions contained therein are, without any reasonable reservation not stated therein, accurate and complete. All procedures and tests used in said report meet minimum applicable professional standards,” signature.

11-6-130 Protection of Creek Corridors.

(1) Purpose. The purpose of this Section is intended to promote, preserve, and enhance the important hydrologic, biological, ecological, aesthetic, recreational, and educational functions that creek corridors provide the City of Springville.

(2) Definitions. For the purposes of this Section only, the following terms, phrases, words and their derivations shall have the below meaning:

“Creek” means any natural stream or natural waterway within Springville City and includes, but is not limited to, Dry Creek, Hobble Creek and Spring Creek.

“Recreation and maintenance easement” means a twenty foot (20') wide public recreation, access and maintenance easement of no greater than three percent (3%) cross-slope located on each side of the banks of any creek.

“Structure” means a building or something that is built, framed, erected, constructed, installed or placed on the ground for which a building permit is required pursuant to any building code or local, State or Federal law or regulation.

(3) At the time of development, the developer of any property abutting a creek shall provide Springville with a recreation and maintenance easement. The recreation and maintenance easement shall provide adequate space for a ten foot (10') trail with five foot (5') wide shoulders for maintenance of the waterway and trail recreation use. Maintenance of the trail may include the use of motor vehicles. The recreation use of the trail shall include, but not be limited to, bicycling, jogging, walking, sightseeing and other recreational use. Where the recreation and maintenance easement exceeds ten percent (10%) of the parcel of property owned by an owner or where any appropriate legal balancing test requires, Springville City will either forgo the easement requirement or pay just compensation for the easement.

(4) Creek Corridor Development Work. The owner of property abutting any creek in Springville shall obtain all necessary approvals and follow all requirements of the State of Utah, including, without limitation, all Division of Water Rights Stream Alteration Program requirements, and all approvals and requirements of Springville City for any of the following listed activities:

(a) Divert, fill in, line, or cover the natural course of any creek.

(b) Install or build any improvements or structures.

(d) Cut, grub or remove any trees or other natural vegetation, remove any stone or earth, or otherwise disturb the natural state of the area.

(5) All structures shall be set back at least fifty feet (50') from the bank of the nearest creek’s edge to the structure at the point where the bank edge begins to meet a three percent (3%) cross-slope.

(6) Bridges. Subsection (5) of this Section does not apply to the following:

(a) The City, State or Federal government may construct a bridge for a public purpose;

(b) A property owner may construct a private driveway bridge off of a public right-of-way as long as the bridge is engineered and installed to ensure that the bottom of the bridge (meaning the lowest point of any portion of the bridge above the creek) is two feet (2') above the one hundred (100) year base flood elevation and any improvements associated with the bridge, including, without limitation, piers and/or abutments, are engineered so that one hundred (100) year flood elevation and associated creek flows will not be restricted or compromised; or

(c) A property owner may construct and maintain one (1) private walking bridge on their property(ies) that crosses Hobble Creek as long as the owner meets the following requirements:

(i) The bridge must connect two (2) properties owned by the same property owner, one (1) of which is located in Springville City (the “Springville property”) and the other property located in Mapleton City (the “Mapleton property”);

(ii) The owner’s Springville property must be in either the R1-10 or R1-15 zone;

(iii) The two (2) properties that are connected by the bridge must each consist of an area of at least three-quarters (0.75) acre;

(iv) The entire distance of the creek’s bank along the owner’s Springville property must be higher in elevation than the creek’s bank of the owner’s Mapleton property;

(v) The owner shall follow the City’s building permit and flood permit processes and obtain all necessary approvals before commencing construction of the bridge;

(vi) The bridge shall not be any wider than ten feet (10') from edge to edge, measured at the widest point of the bridge structure;

(vii) In the event that the bridge is to be located within a recreation and maintenance easement, the owner shall provide Springville City with a twenty foot (20') wide easement in a form acceptable to the City Engineer that connects the recreation and maintenance easement around the bridge and along the owner’s property to ensure that the recreation and maintenance easement will still meet the purposes for the easement;

(viii) The bridge shall be engineered and installed to ensure that the bottom of the bridge (meaning the lowest point of any portion of the bridge above the creek) is two feet (2') above the one hundred (100) year base flood elevation and any improvements associated with the bridge, including, without limitation, piers and/or abutments, are permanently located outside of the channel of the creek and the one hundred (100) year flood elevation;

(ix) The owner shall not hang any item on the bridge that would hang below the lowest point of the bridge above the creek;

(x) The owner shall be responsible for all flood damage caused by or related to the bridge and shall sign a hold harmless and indemnification agreement that indemnifies the City from any and all claims, which agreement must be in a form acceptable to the City and runs with the property;

(xi) The owner must provide the City with a written maintenance plan (the “maintenance plan”) that ensures the owner will:

(A) Have the legal right to access the bridge from both sides of Hobble Creek at any and all times with heavy equipment to clear debris and/or temporarily remove the bridge;

(B) Keep the creek corridor near and around the bridge clear of debris;

(D) Take appropriate actions to address flooding risks associated with all unique features, as determined by the City’s Public Works Director or their designee, on the owner’s properties near and around Hobble Creek and the bridge that could cause flooding; and

(E) Remove the bridge should ownership change or any of the requirements of this Section are no longer met;

(xii) In the event that it appears to the City that the maintenance plan provided by the owner in subsection (6)(c)(xi) of this Section cannot be carried out, the owner shall meet with the City and the owner must do one of the following: demonstrate that the maintenance plan still works, change the maintenance plan to meet the requirements of subsection (6)(c)(xi) of this Section, or remove the bridge;

(xiii) Whenever there is a flash flood warning for the Hobble Creek area issued by the National Oceanic and Atmospheric Administration, the National Weather Service or any other State or Federal agencies, the owner shall either remove the bridge within twenty-four (24) hours of the flash flood warning or have heavy equipment on standby (meaning located on the owner’s property or within twenty (20) minutes of the owner’s property) to remove debris from the bridge during the flash flood warning; and

(xiv) The owner shall permanently remove the bridge should the bridge cause or be associated with any flooding or the owner decides to sell the owner’s property. (Amended by Ord. No. 36-2006, 12/05/2006; Ord. No. 09-2020B § 1, 05/05/2020; Ord. No. 05-2021 § 1, 02/16/2021)

11-6-131 Residential Facilities for Persons with a Disability.

(1) Applicability. This Section shall govern any facility, residence, or other circumstance that constitutes a residential facility for persons with a disability as defined in this Title. The requirements of this Section shall govern and control any contrary provisions of this Code.

(2) Purpose. The purpose of this Chapter is to comply with Sections 10-9a-516 and 10-9a-520, Utah Code Annotated 1953, and avoid discrimination in housing against persons with disabilities as provided in the Utah Fair Housing Act and the Federal Fair Housing Act, as amended, as interpreted by the courts having jurisdiction over Springville City.

(3) Requirements. Subject to the provisions of this Section, and notwithstanding any contrary provision of this Title, a residential facility for persons with a disability shall be a permitted use in any zone where similar residential dwellings that are not residential facilities for persons with a disability are allowed. Each residential facility for persons with a disability shall conform to the following requirements:

(a) The facility shall comply with all applicable building, safety and health regulations, the Americans with Disabilities Act, fire regulations, and all applicable State core standards and licensing requirements, and any standards set forth in any applicable contract with a State agency. The facility shall also comply with the City’s land use ordinances applicable to single-family dwellings for the zone in which it is to be located, except as may be modified pursuant to this Chapter.

(b) The following site development standards and parking standards shall be applicable:

(i) Each facility shall be subject to the same minimum site development standards applicable to a dwelling unit in the zone in which the facility is located;

(ii) The minimum number of parking spaces required for the facility shall be the same as the number required for a dwelling with similar occupancy density in the same zone.

(c) No facility shall be made available to an individual whose tenancy would constitute a direct threat or health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others unless the threat or risk to property can be eliminated or significantly reduced by reasonable accommodation.

(d) Prior to occupancy of the facility, the person or entity licensed or certified by the Utah Department of Human Services or the Utah Department of Health to establish and operate the facility shall:

(i) Provide a certified copy of all such required licenses to the City Recorder;

(ii) Obtain a City business license, if required under applicable provisions of this Code;

(iii) Certify, in a sworn affidavit, compliance with the Americans with Disabilities Act; and

(iv) Certify, in a sworn affidavit submitted with the application, that no person will be placed or remain in the facility whose prior or current behavior, actions and/or criminal incidents or convictions have demonstrated that such person is or may be a substantial risk or direct threat to the health or safety of other individuals, or whose said behavior, actions and/or incidents or convictions have resulted in or may result in substantial physical damage to the property of others. Such affidavit shall be supplemented and updated not less than one hundred fifty (150) days nor more than one hundred ninety (190) days after the date of issuance or renewal of the business license, and at the time of the application for renewal of the business license.

(e) The use permitted by this Section is nontransferable and shall terminate if:

(i) A facility is devoted to or used as other than a residential facility for persons with a disability;

(ii) The license or certification issued by the Utah Department of Human Services, Utah Department of Health or any other applicable agency terminates or is revoked; or

(iii) The facility fails to comply with the conditions set forth in this Section.

(f) No residential facility for persons with a disability shall exceed eight (8) residents.

(g) Each residential facility for persons with a disability shall obtain permits that verify compliance with the same building, safety, and health regulations as are applicable in the same zoning area to similar uses that are not residential facilities for persons with a disability.

(4) “Reasonable accommodation” means a change in any rule, policy, practice, or service necessary to afford a person with a disability an equal opportunity to use and enjoy a dwelling. The following words have the following definitions:

(a) “Reasonable” means that a requested accommodation will not undermine the legitimate purpose of existing zoning regulations notwithstanding the benefit that the accommodation will provide to a person with a disability.

(b) “Necessary” means that the applicant must show that, but for the accommodation, one (1) or more persons with a disability likely will be denied an equal opportunity to enjoy the housing of their choice.

(5) Request for Accommodation. None of the requirements of this Section shall be interpreted to limit any reasonable accommodation necessary to allow the establishment or occupancy of a residential facility for persons with a disability; provided, however, that an accommodation cannot be granted to waive a material zoning requirement (such as lot coverage, parking, setback or height standards), as reasonably determined by the Community Development Director.

(a) Any person or entity wanting a reasonable accommodation shall make application therefor to the Community Development Director. Such application shall specifically articulate, in writing, the following:

(i) The name, mailing address, and phone number of the applicant;

(ii) The nature and extent of the disability;

(iii) An exact statement of the ordinance or policy from which the applicant needs a reasonable accommodation;

(iv) The applicant’s proposed reasonable accommodation;

(v) A statement detailing why such reasonable accommodation is necessary; and

(vi) The physical address of the property where the applicant requests the reasonable accommodation.

(b) When considering whether or not to grant a reasonable accommodation, the Community Development Director shall, as applicable, in consultation with the City Administrator and the City Attorney, consider the following factors, among others deemed appropriate and applicable:

(i) The zoning ordinance applicable to the property;

(ii) The anticipated parking, traffic, and noise impact on the neighborhood if the reasonable accommodation is granted;

(iii) The extent to which the accommodation will or will not benefit the persons with a disability;

(iv) Whether or not the applicant has demonstrated that the accommodation will affirmatively enhance the users’ lives or ameliorate the effects of the users’ disability(ies);

(v) Whether or not, without the accommodation, similar housing is available in the City for the applicant or group of applicants;

(vi) The anticipated impact of the requested accommodation on the immediate neighborhood; and

(vii) The requirements of applicable Federal and State laws and regulations.

(6) Appeal. If a request for a reasonable accommodation is denied, such decision may be appealed to the Board of Adjustment within ten (10) days after such denial. (Ord. No. 17-2017 § 3, 08/01/2017)

11-6-132 Medical Cannabis Pharmacies and Production Establishments.

(1) Definitions.

(a) “Primarily Residential” zone for the purposes of this Section and any applicable State law in determining the location of any medical cannabis pharmacy or medical cannabis productions establishment means the following zoning districts:

(i) Residential Zoning Districts A-1, R1-15, R1-10, R1-8, R1-5, R2, RMHP, RMF-1, RMF-2 and all other residential zoning districts;

(ii) Any property zoned with a Westfields, Mixed-Use or Lakeside Overlay or any other overlay that allows residential dwellings;

(iii) Village Center Zoning District; and

(iv) Town Center Zoning District.

(b) The definitions in Title 26, Chapter 61a, Utah Code Annotated 1953, Utah Medical Cannabis Act, and Title 4, Chapter 41a, Utah Code Annotated 1953, Cannabis Production Establishments, are hereby adopted by this Section.

(2) Standards.

(a) The following standards apply to all cannabis production establishments:

(i) There shall be no emission of dust, fumes, vapors, odors or waste into the environment from any facility where growing, processing or testing of cannabis occurs.

(ii) Cannabis production establishments shall meet the land use requirements for the zone in which they are located.

(iii) All State law requirements shall be met for a cannabis production establishment.

(iv) Cannabis production establishments shall not be located in or within six hundred feet (600') of a district that is zoned as primarily residential or within one thousand feet (1,000') of a community location.

(v) Each cannabis production establishment shall obtain a City business license before conducting business within the City and shall be subject to all business license requirements, including, without limitation, those that are and may be hereafter adopted that are specific to cannabis production establishments.

(b) The following standards apply to all medical cannabis pharmacies:

(i) No cannabis products shall be visible from outside a medical cannabis pharmacy.

(ii) Medical cannabis pharmacies shall meet the land use requirements for the zone in which they are located.

(iii) Medical cannabis pharmacies shall not be located in or within six hundred feet (600') of a district that is zoned primarily residential or within two hundred feet (200') of a community location.

(iv) Medical cannabis pharmacies shall not operate between the hours of 8:00 p.m. to 8:00 a.m.

(v) All State law requirements shall be met for a medical cannabis pharmacy.

(vi) Each medical cannabis pharmacy shall obtain a City business license before conducting business within the City and shall be subject to all business license requirements, including, without limitation, those that are and may be hereafter adopted that are specific to medical cannabis pharmacy.

(Ord. No. 24-2019 § 1, 11/19/2019; Ord. No. 02-2020 § 1, 01/21/2020)

11-6-133 Residential Short-Term Rental (STR). Revised 5/23

(1) Purpose. This Section is established to:

(a) Provide regulations for residential short-term rentals in residential zones;

(b) Preserve the residential character of Springville neighborhoods;

(d) Help promote affordable housing; and

(e) Protect the safety and general welfare of Springville residents.

(2) Definitions. The following words, terms and phrases, when used in this Section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

(a) “Host” means an owner who rents their primary residence as a short-term rental.

(b) “Owner” means a person or persons who permanently occupies a primary residence they own in fee title. A permanent resident shall not be a corporation, partnership, limited liability company, or similar corporate entity.

(c) “Primary residence” means the owner’s usual place of return for housing as documented by at least two (2) of the following: motor vehicle registration; driver’s license; voter registration; or tax documents showing the residential unit as the owner’s residence for the purposes of a home owner’s tax exemption. A person may have only one (1) primary residence.

(d) “Short-term rental” or “STR” means a portion of a primary residence that is used for a temporary stay for a period of less than thirty (30) consecutive days by a renter. An STR shall not be a place that hosts events, parties or activities.

(e) “STR stay” means the entire period of time, including both days and nights, a renter stays within an STR.

(3) Host Present. A host shall be present and occupy their primary residence during the entirety of an STR stay, unless one (1) of the following exceptions applies:

(a) Ninety (90) Nights. A host may rent out their primary residence as an STR for up to ninety (90) nights in a calendar year without occupying the primary residence during the STR stay. The host shall provide the contact information to an STR renter of a representative who will be available to immediately respond twenty-four (24) hours per day for any day the host is not occupying the primary residence during an STR stay.

(b) Temporary Absence. A host may leave their permanent residence for a temporary, bona fide absence not to exceed three (3) years, such as a temporary job assignment, sabbatical, or voluntary service. In order to continue to rent the STR during the host’s temporary absence, the host must designate with the City a host representative who shall fulfill all of the host’s requirements for STR stays within the host’s primary residence during the host’s temporary absence.

(4) Noise Requirements.

(a) The noise levels during an STR stay shall not:

(i) Exceed sixty (60) decibels at any property boundary of the host’s primary residence from the hours of 10:00 p.m. to 7:00 a.m., or

(ii) Exceed eighty (80) decibels at any property boundary of the host’s primary residence for longer than one (1) hour during the hours of 7:00 a.m. to 10:00 p.m.

(b) A host shall be responsible to make sure the noise requirements in this subsection and all other noise-related regulations of this Code are followed during an STR stay.

(5) Permit/Licensing.

(a) As a requirement of operating an STR, a host shall meet the requirements for, obtain and maintain a valid STR permit from the Community Development Department. In order to obtain a permit, a host shall complete an application form as provided by the Community Development Department.

(b) As part of the application, a host will be required to provide, among other items, a parking plan showing:

(i) One (1) additional designated off-street parking space for an STR that is under two thousand (2,000) square feet in size; or

(ii) Two (2) additional designated off-street parking spaces for an STR that is over two thousand (2,000) square feet in size.

(c) Each sleeping room, and the residence in which it is situated, must meet adopted International Residential Code requirements for egress and for smoke and carbon monoxide alarms.

(d) In addition to an STR permit from the Community Development Department, a host shall also obtain and maintain a current business license and follow all required STR-specific current and future business license requirements.

(6) Violations.

(a) It shall be a violation for any host to operate an STR:

(i) Without first obtaining an STR permit or maintaining a valid business license for the STR; or

(ii) That does not comply with the requirements of this Section or this Code.

(b) Each day that a violation occurs or continues is a separate violation.

(c) For any violation of this Section, the Code Enforcement Officer may issue a written citation or notice of violation to the owner, specifying the violation and the penalty to be imposed.

(i) For the first violation within any twelve (12) month period, the host shall be given a written warning.

(ii) For a second violation within any twelve (12) month period, the penalty shall be a $500.00 fine.

(iii) For a third violation within any twelve (12) month period, the penalty shall be a $750.00 fine.

(iv) For a fourth violation within any twelve (12) month period, the penalty shall be a $750.00 fine and the host’s STR permit and business license shall be revoked for a period of one (1) year.

(Ord. No. 18-2020 § 2, 09/15/2020; Ord. No. 07-2023 § 1 (Exh. A), 05/02/2023)

11-6-134 Accessory Dwelling Units.

(1) Purpose Statement. The purposes of this Section are to:

(a) Create new housing units to meet increased growth while maintaining the residential character of single-family neighborhoods;

(b) Provide more housing choices in residential zones;

(d) Offer a means for residents to remain in their homes and neighborhoods, and obtain extra income, security, companionship, and services; and

(e) Broaden the range of affordable housing throughout the City.

(2) Owner Occupant. For the purposes of this title, “owner occupant” shall mean the following:

(a) An individual who:

(i) Possesses, as shown by a recorded deed, fifty percent (50%) or more ownership in a dwelling unit; and

(ii) Occupies the dwelling unit with a bona fide intent to make it his or her primary residence; or

(b) An individual who:

(i) Is a trustor of a family trust that:

(A) Possesses fee title ownership to a dwelling unit;

(B) Was created for estate planning purposes by one (1) or more trustors of the trust; and

(C) Occupies the dwelling unit owned by the family trust with a bona fide intent to make it his or her primary residence. Each living trustor of the trust shall so occupy the dwelling unit except for a trustor who temporarily resides elsewhere due to a disability or infirmity. In such event, the dwelling unit shall nevertheless be the domicile of the trustor during the trustor’s temporary absence.

(3) Applicability. Accessory dwelling units shall be permitted as specified in the “Land Use Matrix” found in Section 11-4-301.

(4) Types of Accessory Dwelling Units. An ADU may be one (1) of the following:

(a) Within Single-Family Detached Dwelling. A property owner may:

(i) Convert a portion of the existing living area within a single-family dwelling into an ADU;

(ii) Construct an addition onto a single-family dwelling for an ADU; or

(iii) Include an ADU as part of new construction of a single-family dwelling; or

(b) Detached Accessory Building. A property owner may:

(i) Convert a portion of an area within an existing detached accessory building into an ADU;

(ii) Construct an addition onto an existing accessory building for an ADU; or

(iii) Include an ADU as part of a newly constructed accessory building.

(c) Recreational vehicles and mobile homes shall not be used as an ADU. All ADUs in detached accessory buildings shall be on a foundation that meets the building code requirements.

(5) Standards. Accessory dwelling units shall conform to the following requirements:

(a) General Requirements Applicable to All Accessory Dwelling Units.

(i) Single-Family Dwelling. Accessory dwelling units shall only be allowed on lots that have only one (1) single-family detached dwelling structure and no other dwelling structures.

(ii) Thirty (30) Day Rental. Accessory dwelling units shall not be rented for any period of time less than thirty (30) days.

(iii) One (1) per Lot. Only one (1) ADU shall be allowed on a lot that contains a single-family dwelling. A property owner’s vesting in a detached ADU shall end should the property owner apply for and/or start using an ADU within the property owner’s single-family detached dwelling. Likewise, a property owner who currently has an ADU within their single-family detached dwelling cannot also start to make use of an ADU in a detached accessory building without first discontinuing the usage of the ADU within their single-family detached dwelling.

(iv) Density. Accessory dwelling units shall not be considered a dwelling for calculating block density standards or as part of density bonus calculations under an overlay that allows for density bonuses.

(v) Ownership. An ADU shall not be sold separately or subdivided from the principal single-family dwelling unit.

(vi) Owner Occupancy. An ADU shall only be permitted on a property when an owner occupant lives on the property within either the principal single-family dwelling or the ADU. Exceptions to owner occupancy may be permitted if the property owner has resided on the property for at least one (1) year and applies to have the occupancy requirement suspended if any of the following reasons exists:

(A) The owner has a bona fide, temporary absence of three (3) years or less for activities such as a temporary job assignment, sabbatical, or voluntary service. Indefinite periods of absence from the dwelling may not qualify for this suspension. City staff may require written documentation verifying the need for the suspension.

(B) The owner is placed in a hospital, nursing home, assisted living facility or other similar facility.

(vii) Number of Residents. The total number of residents that reside in an ADU may not exceed the number allowed for a “family” as defined under Section 11-3-402.

(viii) Home Occupation Businesses. Home occupation businesses shall be restricted to a home office use which creates no customer traffic.

(ix) Separate Living Areas. An accessory dwelling unit must provide eating, sleeping and sanitation facilities separate from the principal dwelling unit.

(x) Registration. An ADU must be registered with the Community Development Department and receive a zoning certificate as required by this Section.

(xi) Building Codes. An ADU shall meet all of the requirements of local, State and Federal building and fire codes.

(xii) Utility Meters. A single-family dwelling with an accessory dwelling shall have one (1) but no more than two (2) meters for each water, gas, and electricity utility service, and each meter shall be in the property owner’s name. Impact fees may be required when adding a detached accessory dwelling unit.

(b) Additional Requirements – Single-Family Dwelling. Accessory dwelling units located within a single-family dwelling shall comply with the following standards:

(i) Land Use Regulations. Any addition to the single-family dwelling for an ADU shall comply with the building height, yard requirements, and building coverage requirements of the underlying zoning ordinance and other applicable land use regulations.

(ii) Entrance Locations. Entrances to an ADU that is located within a single-family dwelling shall be designed in a manner that does not change the appearance of the primary dwelling as a single-family dwelling.

(iii) Parking. A property owner shall provide at least one (1) additional on-site parking space for an ADU, which parking space shall be in addition to the required number of parking spaces for the single-family dwelling. The parking space for the ADU shall be at least nine feet (9') by eighteen feet (18'). Tandem parking spaces may be used to satisfy this requirement.

(c) Additional Requirements – Detached Accessory Building. An accessory dwelling unit located in a detached accessory building or as an addition to an existing accessory building shall comply with the following standards:

(i) Setbacks. Accessory dwelling units located in a detached accessory building shall comply with all applicable setbacks for accessory use structures found in Sections 11-4-405 and 11-4-406.

(ii) Height. An accessory building with an ADU located within it shall be limited in height to twenty feet (20').

(iii) All “residential site development regulations” applicable to accessory use structures found in Article 4 of this Chapter, any other applicable sections of this Code, and any other zoning or land use regulations for the underlying zoning district or any applicable overlay zoning district.

(iv) Size Requirements. The maximum area of an ADU within a detached accessory building shall be the maximum square footage allowed for an accessory building under the City’s land use regulations.

(v) Entrance Locations. The entrance to an ADU unit in a detached accessory building shall be located:

(A) Facing an alley, public street or facing the rear facade of the single-family dwelling on the same property;

(B) Facing a side or rear property line provided the entrance is located a minimum of ten feet (10') from the side or rear property line;

(C) Exterior stairs leading to an entrance shall be located a minimum of ten feet (10') from a side or rear property line unless the applicable side or rear property line is adjacent to an alley in which case the minimum setback for the accessory building applies to the stairs.

(vi) Parking.

(A) In the R1-10 and R1-15 zones, a property shall provide a minimum of two (2) additional on-site parking spaces for an ADU, which two (2) parking spaces are in addition to the required number of parking spaces for the single-family dwelling. Each parking space for the ADU shall be at least nine feet (9') by eighteen feet (18') in area. Tandem parking spaces may be used to satisfy this requirement.

(B) In all other zones, a property owner shall provide at least one (1) additional on-site parking space for an ADU, which parking space shall be in addition to the required to number of required parking spaces for the single-family dwelling. The parking space for the ADU shall be at least nine feet (9') by eighteen feet (18'). Tandem parking spaces may be used to satisfy this requirement.

(vii) Floodplain. Accessory dwelling units located in a detached accessory building are prohibited within a floodplain.

(6) ADU Zoning Certificate. Property owners seeking to establish an ADU shall first apply for a zoning certificate for the ADU by filling out an application with the Community Development Department and paying any required fees. In the event that the ADU meets all of the requirements of this Section, the Community Development Department will provide the property owner with a zoning certificate for the ADU.

(7) Building Permit. A property owner shall apply for and meet all requirements to obtain a building permit for the proposed ADU, regardless of method of creation.

(8) Certificate of Occupancy. A property owner must obtain certificate of occupancy for an ADU. A certificate of occupancy shall not be issued until a zoning certificate is issued. A zoning certificate may be issued at the same time as the certificate of occupancy.

(9) Proof of Owner Occupancy. An application for an ADU shall include documentation that demonstrates an owner occupant resides on the property.

(10) Recorded Notice. A lot approved to have an ADU shall have a recorded notice, the form of which shall be approved by the City Attorney, and shall be filed with the Utah County Recorder’s Office. The form shall state that the owner occupant must occupy the property as required within this Section. Such deed restriction shall run with the land until the ADU is abandoned or revoked.

(11) Abandonment. If a property owner is unable or unwilling to fulfill the requirements of this Section, the owner shall remove those features of the ADU that make it a dwelling unit. Failure to do so will constitute a violation of this Section.

(Ord. No. 17-2020 § 6, 08/04/2020; Ord. No. 22-2021 § 1, 08/17/2021)

Article 2 – LANDSCAPING AND FENCING

11-6-201 Purpose.

The purpose of this chapter is to promote the health, safety, and general welfare of the public; to facilitate the development of an orderly, attractive and harmonious community, which provides the privacy necessary for a happy and convenient lifestyle; and to protect property values. Ways that these purposes are specifically accomplished include:

- Improve the appearance and visual character of the community;

- Promote compatibility between all land uses by reducing visual, noise and light impacts of development on adjacent properties;

- Reduce the visual impact of glare, headlights, parking lot lights and other light intrusions from the public right-of-way and from adjacent properties;

- Reduce the area of impervious surface and storm water drainage impacts;

- Reduce the level of carbon dioxide and returning pure oxygen to the atmosphere;

- Provide shade to help mitigate heat and exposure on paved surfaces and to help conserve energy;

- Conserve water resources through inclusion of more drought-tolerant plants;

- Define entry points on property and guide the circulation of vehicles and pedestrians and appropriately separating the two; and

- Provide a positive visual identity to Springville City.

11-6-202 Application of Requirements.

The requirements of this chapter shall apply to all land uses except agricultural, detached single-family houses, twin homes and duplexes, unless otherwise stated. It is to be considered a minimum, except in those cases where otherwise noted (i.e., specified ranges or specified numbers). The requirements of this chapter shall take effect when building permits are required for the following situations:

(1) All construction on vacant parcels.

(2) Any substantial modification to an existing site or structure in which the estimated construction cost is $10,000 or greater shall require that a portion of the required landscape improvements be completed.

The required landscape improvements required for the project shall be equal to at least eight percent (8%) of the total project cost for projects up to $100,000 and six percent (6%) for the total project cost for projects of greater than $100,000. The developer may choose to exceed the percentage cost associated with their project. The owner must submit a bona fide bid from a licensed contractor or nurseryman for materials and installation costs for the approved landscape plan.

An overall landscape plan shall be submitted for the site showing all of the required landscaping and fencing improvements. This plan shall identify the first phase of landscaping improvements to be completed in connection with the proposed building or site improvements.

Where all required landscape improvements are not being fully installed, the improvements shall be phased in the following order:

(1) Street frontage landscaping.

(2) Landscape and fencing transitional buffer.

(3) Parking lot interior landscaping.

(Ord. No. 13-2008, 06/17/2008)

11-6-203 Consideration of Exceptions.

The landscaping requirements shall be strictly followed; however, the Planning Commission may lessen the percentage and area requirements on existing developed sites after the petitioner has met with staff to discuss the problem and present justification for a lesser requirement. Exceptions should be based on a physical hardship associated with the property and should be limited in their application. When exceptions are granted, the petitioner shall provide written justification of how the intended purposes of this Title have been met.

(Ord. No. 13-2008, 06/17/2008)

11-6-204 Landscaping Requirements.

(1) All residential detached single-family houses, twin homes and duplexes shall be landscaped in the required front yard and side yard adjacent to a street within eighteen (18) months from the date of occupancy. Any portion of the required front or side yard adjacent to a street that is not covered by structures, driveways or pedestrian paths shall be landscaped.

(2) General Requirements for All Other Development Not Listed in Subsection (1) of This Section.

(a) When shrubs or ground cover other than grass are used for landscaping, the spacing, type and size of plants used shall be such that seventy-five percent (75%) of all landscaped areas shall be covered with living plant material within three (3) years of planting.

(b) Planting beds shall be covered with rock or wood mulch to a minimum depth of three inches (3").

(c) Plant materials shall be species that are regionally appropriate and suitable for the site-specific conditions, including availability of moisture, shade, salt tolerance, wind exposure, and soil pH.

(d) Paving materials, water features and sculpture may be included as landscape design materials, provided such create useful open space, add color and texture to the design and create visual interest. Such materials may not cover more than ten percent (10%) of the required landscaped area.

(e) The maximum allowable cut or fill slope is three feet (3') horizontal distance for one foot (1') of rise. Slopes steeper than three to one (3:1) will require retaining walls or other types of approved slope stabilization methods on the interior-facing side of the lot.

(f) At the time of planting, trees on private property shall be a minimum of one and three-quarters inch (1.75") in caliper. Caliper will be measured in accordance with current nursery growers’ standards. All street trees shall be planted in accordance with Title 4.

(g) All evergreen trees shall be a minimum of six feet (6') and a maximum of eight feet (8') in height. Height will be measured from the top of the root ball to the top of the tree.

(h) For all nonresidential developments, all on-site landscape areas shall be planted with a minimum of one (1) live tree per one thousand (1,000) square feet of landscaped area.

(i) No artificial plant materials may be utilized in meeting landscaping requirements.

(j) Underground automatic irrigation systems are required for landscaping which cannot survive on natural precipitation. The use of drip, trickle or other water-conserving irrigation methods is encouraged. The overall irrigation system design should emphasize efficient water use and conservation.

(k) Landscaped areas on the site shall be delineated with raised curbing to protect plant materials from vehicular damage.

(l) No greater than thirty-three percent (33%) of trees of the same genus or twenty percent (20%) of the same species.

(m) All trees and shrubs shall be planted in accordance with International Society of Arboriculture (ISA) standards. All other landscaping shall be installed in accordance with accepted industry standards.

(4) All landscaping and fencing shall meet the requirements of clear view and sight triangle as defined in this Title.

(Ord. No. 13-2008, 06/17/2008; Ord. No. 04-2019 § 4, 03/19/2019)

11-6-205 Completion of Landscape Improvements and Guarantees.

(1) Commercial, nonresidential and multi-family required landscaping improvements other than street trees shall be inspected and approved by a landscape architect licensed by the State of Utah arranged for by the developer. Street trees shall be inspected and approved by the Buildings and Grounds Director or designee.

(2) In the event that a building is ready to occupy but landscaping and/or fencing improvements have not been completed, the applicant may, pursuant to Section 11-7-410, temporarily post an improvement completion assurance for all landscaping and/or fencing improvements not yet installed.

(3) Prior to the approval of the landscaping improvements, the developer shall follow the improvement warranty requirements of Section 14-5-205.

(Ord. No. 13-2008, 06/17/2008; Ord. No. 05-2014 § 1, 02/18/2014; Ord. No. 04-2019 § 5, 03/19/2019)

11-6-206 Maintenance of Required Landscaping.

(1) Dead or diseased plants shall be replaced with the same type of plant and placed in substantially the same location as shown on the approved site plan. Substitutions may be allowed of replacement plants based on written approval of the Director of Buildings and Grounds, or his designee. Replacement of plants may be delayed whenever the planning division determines that extenuating circumstances, which are beyond the owner’s control, prevent the immediate replacement of dead or unhealthy plants. Failure to maintain landscaping may result in prosecution by Springville City and is considered to be a violation of the Zoning Ordinance.

(2) The property owners shall be responsible for the installation and maintenance of landscaping and fencing on private property and in the abutting public right-of-way, unless otherwise determined by Springville City.

(3) All landscaped areas shall be kept free of weeds.

(4) Maintenance of all trees existing in the public right-of-way is the responsibility of Springville City. Adjacent property owners may not trim, prune, remove, or alter in any way, any tree that exists in the public right-of-way without written permission from the Director of Buildings and Grounds. Trees planted outside of the public right-of-way must be pruned to maintain adequate clearance along walkways, access routes, and parking areas. Walkways must maintain seven feet (7') of clearance, and access routes and parking areas must maintain a fifteen foot (15') clearance; however, trees should not be pruned to maintain full clearance until the tree is of sufficient size and maturity to allow such pruning. All pruning should be done in accordance with pruning standards accepted by the International Society of Arboriculture.

(Ord. No. 13-2008, 06/17/2008)

11-6-207 Right-of-Way Park Strip Improvements.

The intent of the landscaped park strip is to provide an attractive edge between pedestrian and vehicular traffic and the requirements of this Section apply to all zoning districts, excepting those areas included in a City-approved, specialized streetscape plan. Where park strips are of sufficient width to support a street tree as defined below, trees are to be provided to shade sidewalks for pedestrians and to shade the street surface and help protect it from the detrimental effects of direct sun and to create a comfortable microclimate in the right-of-way.

(1) The park strip located between the back of curb and sidewalk shall be landscaped to meet the following City specifications:

(a) Park strips of less than six feet (6') in width may be either hardscaped with concrete, pavers or rock groundcover or may be landscaped with low-profile plant material or sod; however, new trees are not allowed. Rocks of over one foot (1') in size shall be located at least one and one-half feet (1.5') from the back of curb and the edge of the sidewalk.

(b) Park strips of six feet (6') or wider shall be landscaped with groundcover, shrubs and other plantings and City-approved shade trees, located every forty feet (40') on center. Rocks used as groundcover shall be between one and one-half inches (1.5") and four inches (4") in size or over one foot (1') in size. Rocks of over one foot (1') in size must be located at least one and one-half feet (1.5') from the back of curb and the edge of the sidewalk. In nonresidential areas where street trees are required for park strips and street frontage landscape borders, trees may be alternated forty feet (40') on center between the park strip and street frontage landscape border. All deciduous trees shall be ball and burlap stock, shall be a Springville approved species and shall be planted in accordance with Springville City planting details. Evergreens are not allowed in the right-of-way park strip.

(2) The installation and maintenance of park strip improvements shall be the responsibility of the abutting property owner in all areas of the City, unless otherwise determined by the City. Required groundcover landscape plantings in park strips of six feet (6') or greater shall cover at least fifty percent (50%) of the park strip area within three (3) years of planting. In those areas requiring landscaping percentages, the park strip shall not be counted towards the required landscape percentage.

(Ord. No. 13-2008, 06/17/2008; Ord. No. 22-2014 § 1, 11/04/2014; Ord. No. 04-2019 § 6, 03/19/2019)

11-6-208 Street Frontage Landscape Border.

The intent of the street frontage landscape border is to provide unfenced open green space, a visual separation and screening of parking areas from public rights-of-way, along with reducing the visual impact of glare, headlights, parking lot lights and other light intrusions from the public right-of-way.

(1) Where Applicable. All properties in multi-family, professional office, commercial or manufacturing zones shall provide a landscape area along the entire frontage of the property bordering all public streets, with the exception of necessary pedestrian and vehicular access points. Also exempt are buildings constructed to the right-of-way property line(s), as allowed by setback requirements, which shall include a front entry from the sidewalk.

(2) Location of Landscaped Border. This strip shall be located between the edge of the sidewalk, or public street right-of-way line where there is no sidewalk, and the parking lot or building, if the building is set back from the street.

(3) Grass and Tree Plantings. There shall be one (1) shade tree for forty feet (40') of frontage or portion thereof greater than twenty feet (20'). Trees should be spaced evenly, not to exceed forty feet (40') on center.

(4) Screening for Parking. Methods for screening parking may include berms, hedges or walls. Walls shall be of masonry and generally be limited to the village or town centers or the retrofitting of existing developments. The screening height shall be measured from the higher elevation of either edge of the landscape border.

(5) Border Depth Requirements. For those portions of properties where the building is allowed to be constructed within five feet (5') of the front or street-side property line, the landscaped border is not required for the property frontage where the building is located. The landscape border shall be twenty feet (20') wide for those properties adjacent to 400 South which are located west of 400 West Street, along with those properties adjacent to State Road 75 located west of Main Street, along with all properties abutting the I-15 corridor. For all other areas, the landscaped border depth shall be based on the average lot depth from the street(s) and shall be as follows (Table 1) for all areas excepting those described above.

Different screening methods are most appropriate in different zones (see Table 1)

TABLE 1 – LANDSCAPE BORDER WIDTH
Lot Depth	Minimum Landscape Border Width*	Parking Lot Required Screening Height**	Parking Lot Screening Method to Achieve Required Screening Height***
0' to 160'	8'	3.0'	Berm, hedge or wall
160.01' to 180'	9'	3.0'	Berm, hedge or wall
180.01' to 200'	10'	3.0'	Berm, hedge or wall
200.01' to 220'	11'	3.0'	Berm, hedge or wall
220.01' to 240'	12'	3.0'	Berm, hedge or wall
240.01' to 260'	13'	3.0'	Berm, hedge or wall
260.01' to 280'	14'	3.0'	Berm, hedge or wall
280.01' to 300'	15'	3.5'	Berm, hedge or wall
300.01' to 320'	16'	3.5'	Berm or hedge
320.01' to 340'	17'	3.5'	Berm or hedge
340.01' to 360'	18'	3.5'	Berm or hedge
360.01' to 380'	19'	3.5'	Berm or hedge
380.01' or greater	20'	4.0'	Berm or hedge

	* A three foot horizontal to one foot vertical rise is required for berming.	**Screening height shall be measured from the higher point on either side of the landscape border.	*** The wall option is limited to village center, town center or to retrofit existing developed sites where other options are not possible. Combinations of screening materials are allowed, based on the required border width.

(Ord. No. 13-2008, 06/17/2008; Ord. No. 04-2019 § 7, 03/19/2019)

11-6-209 Parking Lot Interior Landscaping.

(1) The intent of parking lot landscaping is to help guide the circulation of vehicles and pedestrians while providing a safe pedestrian environment. This is especially important in larger parking lots. It should also provide shade to help mitigate heat and exposure on paved surfaces and help conserve energy.

(2) Where required, as set forth below, parking islands shall be installed within parking lots. Whenever a landscaped island is required, it shall be a minimum of eight feet (8') wide and fifteen feet (15') long.

(3) There shall be one (1) tree for every three hundred (300) square feet of landscape island area or portion thereof. Trees shall be spaced at intervals of no less than twenty-five feet (25'). Trees shall be placed throughout the parking lot with the intent of providing a shade canopy for as many parking stalls as possible. All trees shall be Springville-approved deciduous species of the proper caliper and stock.

(4) Landscaped islands of at least fifteen feet (15') per parking stall depth and eight feet (8') in width shall be provided for each of the following conditions:

(a) To delineate driveway entrances into parking lots;

(b) To provide endcaps or end islands for interior rows exceeding ten (10) parking stalls in length. Parking lots with no more than two (2) interior rows of parking stalls may be exempt from this requirement, provided a landscape island runs at least eighty percent (80%) of the length of the row.

(d) To provide backing space for turn-out in single-access parking lot areas.

(5) Landscape minimum percentage requirements within the parking lot. The minimum percentage of parking lot area required to include landscaping shall be as follows:

Less than 20 stalls	no requirements
20 to 100 parking stalls	4%
101 to 300 parking stalls	6%
301 or more parking stalls	8%

(6) The required parking lot landscaped area may be counted towards the overall required site percentage for landscaping.

(Amended by Ord. No. 36-2006, 12/05/2006; Ord. No. 13-2008, 06/17/2008; Ord. No. 04-2019 § 8, 03/19/2019)

11-6-210 Landscape and Fencing Transitional Buffer.

The intent of the landscaping and fencing transitional buffer is to provide a buffer between incompatible types of uses in a way that will enhance the appearance of all properties and add to the privacy and enjoyment of adjacent properties affected by the more intense land use.

(1) Transitional landscaping and fencing shall be provided in accordance with the Landscape/Fencing Matrix (Table 2) included in this chapter.

(2) Landscaping and fencing shall be provided within the zoning district and on the lot of use listed on the left column on the matrix where it is adjacent to land used or zoned for uses indicated across the top of the matrix.

(3) In those situations where a structure or lot contains uses included in more than one (1) use category, the most stringent requirement of the matrix shall apply; however, the most stringent requirement may be eliminated for the less stringent requirement if the uses are arranged to alleviate the need for the most stringent requirement to the satisfaction of the Planning Commission.

A typical landscape transition buffer between a wall and a building

(4) In situations where the use is not listed on the matrix, the Community Development Director or designee, using the matrix as a guide, shall determine the category for the use.

(5) All transitional landscaping and fencing shall be installed with the first phase of construction.

(6) Trees and shrubs with a low to moderate irrigation need are encouraged, as well as low maintenance landscaping.

(7) The Landscape Transitional Buffer is to provide an effective screen between different land uses. It is divided into four categories as identified on Table 2 (Landscaping/Fencing Matrix) and Table 3 (Landscaping Transition Buffer) of this chapter.

(a) Landscape Transition Buffer 1 shall consist of an unbroken strip of open space, fifteen feet (15') wide and include, at a minimum, one (1) large evergreen tree (or deciduous, dense-canopied tree with the approval of the Director of Buildings and Grounds), every twenty linear feet (20') with a minimum mature height of thirty feet (30'). Other shrubbery and plantings shall also be included in the buffer area with a minimum of five (5) shrubs per twenty linear feet (20').

(b) Landscape Transition Buffer 2 shall consist of an unbroken strip of open space, twenty-five feet (25') wide and include, at a minimum, one (1) large evergreen tree (or deciduous, dense-canopied tree with the approval of the Director of Buildings and Grounds), every twenty linear feet (20') with a minimum mature height of at least thirty feet (30'). Other shrubbery and plantings shall also be included in the buffer area with a minimum of five (5) shrubs per twenty linear feet (20').

(c) Landscape Transition Buffer 3 shall consist of an unbroken strip of open space, thirty-five feet (35') wide and include, at a minimum, one (1) large evergreen tree (or deciduous, dense-canopied tree with the approval of the Director of Buildings and Grounds), every twenty linear feet (20') with a minimum mature height of at least thirty feet (30'). Other shrubbery and plantings shall also be included in the buffer area with a minimum of five (5) shrubs per twenty linear feet (20').

(d) Landscape Transition Buffer 4 shall consist of an unbroken strip of open space, fifty feet (50') wide and include, at a minimum, one (1) large evergreen tree (or deciduous, dense-canopied tree with the approval of the Director of Buildings and Grounds), every twenty linear feet (20') with a minimum mature height of at least fifty feet (50'). Other shrubbery and plantings shall also be included in the buffer area with a minimum of five (5) shrubs per twenty linear feet (20').

(Ord. No. 13-2008, 06/17/2008)

11-6-211 Transitional Buffer Fencing Requirements.

(1) Fencing shall generally be located between the required landscape transition buffer and the adjacent property.

(2) The fencing requirements are identified in Table 2 (Landscaping/Fencing Matrix) and Table 4 (Transitional Fencing) of this Chapter. All fence heights, as required in the Matrix, shall be measured on the side of the fence with the highest finished grade, including proposed finished grades with new development.

(3) In certain unusual circumstances of topography, or to alleviate certain specific problems (i.e., the blocking of glare, muting of noise, etc.), the Planning Commission may require the use of an earth berm or more specialized fence material or fence height in lieu of, or in combination with, any of the fence types set forth in the Landscape/Fencing Matrix.

(4) Where options are presented in the Matrix for a type of fence, the options shall be available to the developer, unless otherwise qualified.

(5) Any wall or fence that is required by the Planning Commission or City Staff shall be installed according to the manufacturer’s specifications or in accordance with best engineering practices. Any masonry wall that is required over four feet (4') in height shall be certified as structurally sound by an engineer licensed to practice in the State of Utah. All required chain link fences shall be constructed according to the following minimum standards: eleven (11) gauge wire mesh; two inch (2") line posts; three and one-half inch (3.5") terminal and corner posts; all posts shall be spaced at not more than ten feet (10'); all posts shall be placed in a concrete footing to a depth of not less than eighteen inches (18"); a top rail or tensions wire; tension bars at corner and terminal posts; all parts are to be of galvanized steel. The minimum standards for the posts and the mesh may be increased if fence slats are required.

(Ord. No. 13-2008, 06/17/2008)

11-6-212 Landscape Transition Buffer and Fence Modifications and Waivers.

(1) Where the provisions of this Chapter would reduce the usable area of a lot due to lot configuration or size to a point that would preclude a reasonable use of the lot, the landscape buffer and fencing may be modified by the Planning Commission where the intent of this Chapter has been met through the combination of structural and landscape design techniques.

(2) The landscape buffer may be modified where the building, fencing and/or land between the building and the property line has been specifically designed to minimize adverse impact through a combination of structural and landscape design techniques.

(3) The landscape buffer and fencing requirement may be waived or modified where the adjacent land is designated on the zoning map or in the adopted general plan for a use similar to that of the parcel under site plan consideration. In situations where a petitioner is requesting that required fencing be waived or modified on residential developments adjacent to agricultural uses and/or zoning districts, the petitioner shall submit a request including their reason for waiver or modification, along with their proposed approach to meeting the intent of the ordinance. The following criteria apply:

(a) The adjacent agricultural property must have all the infrastructure (roads, sanitary and storm sewer, water, etc.) necessary for development; or

(b) The topography or vegetation of the adjacent property would make a fence ineffective or cause a hardship if the developer is required to fence the property;

(d) The petitioner must have a proposal of the type of fencing and be prepared to present this to the Planning Commission.

(4) The landscape buffer and fencing requirements may be modified where the adjoining property is used for any public purpose other than a school or hospital.

(5) The landscape buffer and fencing requirement may be modified where adjacent residential property is used for any conditional uses except nursery schools, day care centers and schools of general or special education.

(6) The landscape buffer and fencing requirements may be modified when a residential subdivision borders a railroad or transit right-of-way, freeway, or arterial street. The subdivision design shall include adequate provisions for noise reduction, safety and visual screening. The modification of the landscape buffer may, in some cases, provide for a larger buffer area and additional plantings depending on the types and location of the use which is being buffered. Parallel streets, fences, landscaped buffer areas, berms and sound walls or the combination of buffer techniques may be required.

(7) The fencing requirement may be waived or modified where the topography of the lot providing the fencing and the lot being protected is such that the fence would not be effective.

(8) The landscape buffer and fencing requirement may be modified for any public use when such has specifically been designed to minimize adverse impact on adjacent properties.

TABLE 2 – LANDSCAPING AND FENCING REQUIREMENTS

The charts below indicate the minimum requirements for landscape strip widths, tree heights, fencing materials and fence heights. Table 2 gives the codes for landscaping and fencing requirements, based on the proposed new land use and the existing, neighboring land uses. Tables 3 and 4 explain the requirement codes.

To determine the minimum landscape and fencing requirements, find the row in Table 2 that includes the proposed new land use and the column that matches the existing, neighboring land use. The codes found in the cell where the row and column meet give the minimum transition buffers required. Where multiple fencing options are given, either shall be permissible.

For example, if a new professional office (row 6) were to be built next to existing single-family homes (column 1), transition requirements L-i and F-d or F-e would apply. In other words, a fifteen foot (15') wide landscape strip with thirty foot (30') tall trees and a six foot (6') fence made out of either brick masonry or some other architecturally solid material, such as wood or vinyl, would have to be installed to screen these differing land uses.

TABLE 2 – MINIMUM REQUIREMENT CODES
LAND USES Proposed Use		1	2	3	4	5	6	7	8	9	10	11	13
1	Detached single family dwellings, Twin homes, Duplex												F-e,f
2	Multiple-family dwelling, two stories or less	L-i F-d,e											F-e,f
3	Multiple-family dwelling, over two stories	L-ii F-d,e	L-i F-e,f										F-e,f
4	Community uses, Schools, Churches, Community centers, Child care, Nursery school	L-i, ii1 F-e,f	L-i F-e,f	L-i F-e,f	F-b,c								F-e,f
5	Institutional housing (foster, disabled, elderly, religious, nursing home)	L-ii F-d,e	L-i F-e,f	L-i F-e,f	F-b,c								F-e,f
6	Professional office, Financial institution, Medical care facility, Reception center, Mortuary	L-i F-d,e	L-i F-d,e	L-i F-e,f	F-e,f	F-b,c							F-e,f
7	Light-use public utility in an enclosed structure	L-i F-d,e	L-i F-d,e	L-i F-d,e	L-i F-d,e	F-b,c	F-e,f	F-e,f					F-e,f
8	Business service and supply, Hospital, Motel, Hotel, Repair establishment, Restaurant, Bar/tavern, Retail sales with no outdoor storage, display or loading	L-ii F-d,e	L-i F-d,e	L-i F-d,e	L-i, F-d,e								F-e,f
9	Plant nursery, Service station, Light vehicle repair, Retail sales with outdoor storage, display or loading, Car wash, Fast food restaurant, Theaters, Vehicle sales and rental, Mobile home sales	L-iii F-d,e	L-ii F-d,e	L-i F-d,e	L-i F-d,e								F-e,f
10	Indoor storage, Mini storage units, Wholesale trade with no exterior storage, Scientific research, Light manufacturing	L-iii F-d,e	L-ii F-d,e	L-ii F-d,e	L-ii F-d,e	L-ii, F-d,e	L-i F-d,e
11	Wholesale petroleum products, Exterior storage yards, Lumber and building material yards, Contractor office and storage, Heavy equipment sales, rentals, service and repairs, Major vehicle repair, auto body work, paint shop	L-iv F-d,e	L-iv F-d,e	L-iv F-d,e	L-iii F-d,e	L-iii F-d,e	L-ii F-d,e	F-d,e	L-i F-a,b	L-i F-a,b	F-d,e,f		F-e,f
12	Junk yard, Motor vehicle storage and impound lots, Heavy equipment storage yards, Heavy industrial	L-iv F-d,e	L-iv F-d,e	L-iv F-d,e	L-iii F-d,e	L-iii F-d,e	L-iii F-d,e	F-d,e	L-ii F-d,e,f	L-i F-d,e,f	L-i F-d,e,f	F-d,e,f	F-e,f
13	Agricultural and related uses with a residential dwelling												F-e,f

1 Greater landscaping may be required depending on where the building is located on the site or the building height and the intensity of the proposed use.

TABLE 3 – LANDSCAPE TRANSITION BUFFER
Category	Landscape Strip Width	Tree Height
L-i	15 feet	30 or more
L-ii	25 feet	30 or more
L-iii	35 feet	30 or more
L-iv	50 feet	50 or more

TABLE 4 – TRANSITIONAL FENCING
Category	Material	Height
F-a	Brick masonry wall	4 feet
F-b	Architecturally solid materials including wood, vinyl or similar materials	4 feet
F-c	Chain Link – may require slat inserts	4 feet
F-d	Brick masonry wall	6 feet min.
F-e	Architecturally solid materials including wood, vinyl or similar materials	6 feet min.
F-f	Chain Link – may require slat inserts	6 feet min.

(Ord. No. 13-2008, 06/17/2008)

11-6-213 General Fence Requirements.

(1) The intent and purpose of the General Fence Requirements Ordinance is to ensure safe sight lines and to minimize the potential negative visual impact or hazards of high or unsightly fences, walls and/or retaining walls.

(2) Permit Required – Before commencing construction of a fence or wall, plans shall be submitted and approved by the Community Development Department. Construction of fences and retaining walls must meet applicable requirements of Springville Building Code. For construction of all fences over six feet (6') and retaining walls over four feet (4') (including the footings) in height, a building permit must also be secured.

(3) Exceptions – The provisions of this Section may not apply to:

(a) Approval of fence heights by the Planning Commission, which are greater than six feet (6') high, in order to provide screening of adjacent uses as a part of site plan review;

(b) Temporary construction fences installed to protect the public from injury during construction or to maintain security for development (a permit must be obtained for these and they must be removed at completion of construction);

(d) Fences required by State law to surround or enclose public utility installations, public schools, or other public buildings; or

(e) Fences for uses such as tennis or sports courts, which may be a maximum of fifteen feet (15') high if the fence meets all of the required setbacks for an accessory building in the zone in which it is located.

(4) Materials – It shall be unlawful to erect or maintain any barbed wire, concertina or razor wire, or electric fence along or adjacent to any public street in the City; however, barbed wire may be used in the A-1 zone. All fences shall be constructed with the finished surface facing neighboring property with support posts placed to the inside, except in those cases where the posts are an integral part of the fence design which enhances the aesthetic appearance of the fence.

(5) The clear view requirements shall be met in all zones as illustrated below and specified in Section 11-6-108. Gates that exceed four feet (4') in height for driveways leading to a public street shall be located twenty feet (20') behind the property line. The gate shall be required to open into the property.

(6) Where elevations are different on either side of the fence, wall or hedge the maximum height shall be measured from the higher elevation; provided, that higher elevation is level or increases for a distance of at least fifty feet (50') from the fence.

(7) Residential Zones – The following provisions shall govern the height and location of fences, walls, plant growth or other obstruction to view:

Fences, walls or hedges can be located in the following areas as measured within the minimum required setback area or from the existing building location, whichever is less.

(a) Interior Lots.

Front Yard – Four feet (4')

Side Yard – Six feet (6')

Rear Yard – Six feet (6')

Clear View/Site Triangle – Four feet (4') and at least fifty percent (50%) see-through

(i) Exception. Decorative wrought iron or fencing that is similar in appearance and that is at least seventy percent (70%) see-through may be installed in front yards up to six feet (6') in height.

(ii) Lots located in the R1-15 Zone or in the Hillside (H-1) Overlay Zone that are greater than two (2) acres may install decorative wrought-iron fencing or a similar type of fence material up to eight feet (8') in height. The fencing shall be at least seventy percent (70%) see-through. Clear view and other requirements of this Title must be met.

(iii) Fencing installed to keep urban deer populations out of rear yards may be constructed up to eight feet (8') in height in rear yards provided any portion of the fence over six feet (6’) in height is 50% see-through and includes a void opening of at least two (2) inches square. The following materials are nonexclusive examples of materials not approved as deer fencing:

(A) Contractor sand/snow fence (usually orange);

(B) Galvanized steel hardware cloth;

(D) Galvanized or stainless steel wire fencing made of fourteen (14) gauge wire or larger.

(b) Corner Lots.

Front Yard – Four feet (4')

Corner Side Yard – Four feet (4')

Interior Side Yard – Six feet (6')

Rear Yard – Six feet (6')

Clear View/Site Triangle – Four feet (4') and at least fifty percent (50%) see-through

(i) Exception. Decorative wrought iron fencing or fencing that is similar in appearance and that is at least seventy percent (70%) see-through may be installed in corner side yards up to six feet (6') in height.

(ii) Where corner lots are adjacent to each other with rear yards abutting, a six-foot (6') solid fence is permitted, set back five feet (5') from the street side yard lot line at a point beginning fifty feet (50') from the intersecting point of the corner property lines.

(iii) Lots located in the R1-15 Zone or in the Hillside (H-1) Overlay Zone that are greater than two (2) acres may install decorative wrought-iron fencing or a similar type of fence material up to eight feet (8') in height. The fencing shall be at least seventy percent (70%) see-through. Clear view and other requirements of this Title must be met.

(iv) Fencing installed to keep urban deer populations out of rear yards may be constructed up to eight feet (8') in height in rear yards provided the fence meets the side yard setback required for residences on the lot and any portion of the fence over six feet (6') in height is 50% see-through and includes a void opening of at least two (2) inches square. The following materials are nonexclusive examples of materials not approved as deer fencing:

(A) Contractor sand/snow fence (usually orange);

(B) Galvanized steel hardware cloth;

(D) Galvanized or stainless steel wire fencing made of fourteen (14) gauge wire or larger.

(c) Where lots have double frontages, that area designated by the Community Development Director as the rear yard may have a solid or view-obstructing fence, wall or hedge, not exceeding six feet (6') in height. Such fence, wall or hedge shall be set back at least five feet (5') from the edge of the sidewalk. Where the double-fronted lot is also a corner lot (three (3) frontages) the required clear view across corner property shall be enforced at street intersections at both the front and rear of the lot.

(d) All fencing shall be located at least one foot (1') behind the sidewalk and a minimum of three feet (3') open area clearance is required around any fire hydrant or electrical transformers.

(e) No fence or wall, regardless of materials, nor other obstructions, including shrubbery, nor any combination of materials, shall be erected or maintained that blocks access from a front yard through both sides of a rear yard.

(8) Non-Residential Zones – The following provisions shall govern the height and location of fences, walls, plant growth or other obstructions to view.

(a) Fences, walls and hedges may be constructed or maintained in non-residential zones up to six feet (6') in height. Such fence, wall or hedge shall be located no closer than one foot (1') from the sidewalk.

(b) The clear view requirements shall be met in all zones.

(c) No fence or wall over three feet (3') in height may be located in the required street frontage landscape border as defined in Section 11-6-208.

(d) Fences and walls within any business, commercial or manufacturing zoning classification which abuts residential or institutional uses shall be used in conjunction with landscaping as screening in accordance with the provisions found in this Article.

(Ord. No. 13-2008, 06/17/2008; Ord. No. 12-2009, 06/16/2009; Ord. No. 11-2010, 06/15/2010; Ord. No. 10-2016, 06/07/2016)

Article 3 – SIGN REGULATIONS

11-6-301 Purpose.

(1) The purpose of this Section is to encourage signs that create and maintain safe and aesthetically pleasing building elevations and streetscapes while allowing for adequate identification, communication and advertising for land uses in the City.

(2) In adopting these regulations, the City Council recognizes and seeks to preserve and enhance Springville City’s rich heritage and reputation as Utah’s “Art City,” its natural endowment of views and vistas associated with its unique placement along the Wasatch Mountain Range, and its rich mix of land uses. Furthermore, the City Council aims to protect and enhance economic viability by assuring that Springville will be a visually pleasant place to visit or live. In addition, the City Council seeks to promote signage that ensures the safety of residents and visitors.

(3) Therefore, the City Council finds and declares that the regulations set forth in this Article will achieve the following:

(a) Signs that are compatible with their surroundings and effectively index the environment while preserving and promoting the aesthetics, and sense of order in the community.

(b) Signs that are conducive to promoting traffic safety and add to the convenience and enjoyment of public travel by preventing visual distraction for motorists and protection of pedestrians.

(c) Signs that preserve and enhance property values, increase the standard of living within the community, and serve to attract visitors to the city by establishing first-class business and commercial districts.

(d) Signs that adhere to adopted fire, traffic and safety standards in order to ensure the health, safety and general welfare of residents and visitors.

(Ord. No. 07-2010, 06/01/2010)

11-6-302 Scope.

The intent of this Article is to regulate the design, location, construction, erection, alteration, use and maintenance of any sign in Springville City that is visible to the public from a public right-of-way. It is the intent of this Article to be neutral in terms of all legal sign content.

The regulations of this Article are intended to apply to both on-premises and off-premises signs, but do not apply to hand-held placards and other similar devices traditionally used for public protest and the exercise of free speech. Where any commercial message is permitted, a noncommercial message may be substituted in its place.

(Ord. No. 07-2010, 06/01/2010)

11-6-303 General Design Guidelines.

The placement and location of signs should be compatible with the development projects in which they are located, as well as the surrounding district. Signs should be an integral design element of the building and should be compatible with the style of building in terms of location, scale, color and lettering. Signs should be located for the convenience of motorists, and where appropriate, pedestrians. When siting signs near residential areas, consideration of the effects of lighting and sign visibility should be considered in order to help protect the residential character of the area.

The presentation of information on signs should be concise, clear and intelligible.

Lettering and graphics should be of sufficient size to be legible and understandable for the environment in which it is seen. In order to accomplish this, the minimum standards are required for the business name.

Letter Height Minimum Requirements
Speed Limit (MPH)*	Height in Inches
25	7.5
35	10
45	12
55	15

*For speed limits not listed, the height shall be based on the immediately lower speed limit.

(Ord. No. 07-2010, 06/01/2010)

11-6-304 Definitions.

“A-frame sign” means a temporary and movable sign constructed with two (2) sides attached at the top allowing the sign to stand in an upright position.

“Abandoned sign” means an on-premises sign or structure that is applicable to a use that has been discontinued for a period of one hundred eighty (180) days or more.

“Animated sign” means a sign with parts or sections which revolve or move or which has flashing or intermittent lights, but not including changeable copy signs.

“Awning” means a structure that extends from a building directly over a window, door, entry or walkway whose frame is covered with fabric or material. Awnings typically shield portions of a building, the openings to a building and walkways from rays of the sun, precipitation or views.

“Awning sign” means a permanent sign that is painted, screened, dyed or otherwise applied to the surface of the material or fabric that covers an awning’s frame and does not project from the surface of the material or fabric.

“Billboard” means a freestanding ground sign located on real property that is designed and intended to direct attention to a business, product, service or message that is not sold, offered or existing on the property, nor specific to the property where the sign is located.

“Canopy face” means the vertical, exterior portion of a canopy that does not include the supports.

“Canopy sign” (also includes a “marquee”) means a permanent on-premises structure that covers an outdoor space and is supported by a building or partially by a building and by pipes, columns or any other structure separate from the building and is used for advertising. A canopy may also be freestanding, self-supporting and separate from a building.

“Changeable copy sign” means a permanent sign on which the text, copy, or graphical elements is changed manually, mechanically or by electronic means, such as a message center or reader boards with changeable letters or pictorial panels and electrical time and temperature signs. Poster panels or painted bulletin signs are not included.

“Commercial message” means any sign, wording, logo or other representation or image that directly or indirectly names, advertises, or calls attention to a product, service, sale or sales event or other commercial activity.

“Drive-through lane sign” means a permanent sign eight feet (8') in height or less within ten feet (10') of a drive-through lane where goods or services are exchanged between the building and vehicles in the drive-through lane.

“Facade” means any single side of a building or unit within a building. A facade does not include any portion of a roof. In circumstances where a side of a building is not a vertical plane, the height is measured vertically and not along the plane of the building face. In circumstances where a portion of a facade is not parallel to a front, rear or side of a building, the width of the facade is measured along a straight horizontal line and not along the foot of the building. Signs regulated by building face may be located on a maximum of four (4) faces of a building.

“Facade, primary” means any facade that fronts along a public street. In cases where one (1) unit is above another, the Community Development Director may determine which facade is the primary facade of the upper portion.

“Frame structure sign” means informational signage located within the frame structure enclosure created by the side supports and the arch or cross beam of accessory frame structure. The signage is intended to be primarily viewed from the property on which it is located.

“Freestanding sign” means any legal on-premises sign that is supported by a fixed frame or support mounted in the ground and is independent of any building or structure.

“Frontage” means that portion of a parcel of land bordering along a single public street. A site bordering two (2) or more public streets will have multiple frontages. The frontage on which a sign is located shall be used in determining the regulations associated with the sign.

“Graffiti” means inscriptions, figure drawings, etc., found on the walls or structures that were not permitted or approved by Springville City.

“Graphical elements” means visual representations on a sign that include graphics or other shapes that define, delineate or emphasize the letters or logo.

“Interior sign” means a sign placed on the interior of a building, stadium or structure that is located at least two feet (2') inside the building, stadium or structure and oriented to be viewed from the interior of the building, stadium or structure.

“Limited duration sign” means signs allowed without a permit in residential and agricultural zones for a period of up to six (6) months during any twelve (12) month period. The six (6) month period begins at the time the sign is installed.

“Low-profile sign” means a ground-mounted sign that is not over nine feet (9') in height.

Marquee. See “canopy sign.”

“Noncommercial message” means a message which does not meet the definition of a commercial message.

“Nonconforming sign” means a sign that does not meet current City sign standards, but was constructed to existing standards in place at the time the sign was erected.

“Nonresidential sign district” refers to Sign Districts A, B, C, D, E, and F as defined in Section 11-6-312.

“Off-premises sign” means a sign that advertises, communicates or identifies products, services, businesses, organizations, activities or messages that are not located, conducted, manufactured or sold on the premises where the sign is displayed. Off-premises signs generally include billboards and other similar signs.

“On-premises sign” means a sign that advertises, communicates or identifies products, services, businesses, organizations, activities or messages that are located, conducted, manufactured or sold on the premises where the sign is displayed.

“Pole sign” means an on-premises, ground-mounted sign of over fifteen feet (15') in height and is supported by one (1) or more poles or similar devices.

“Portable sign” means a temporary sign that is not permanently anchored or secured to a building or the ground. Such signs are usually anchored to or secured to a trailer, frame or structure capable of being moved from place to place and may be lighted.

“Primary frontage” or “primary street frontage” means the street frontage on which the property is located; or if multiple frontages exist, that street frontage with the highest Average Daily Traffic (ADT) count. The streets most often identified as being primary in nonresidential zones include: Main Street, SR 75, SR 77/400 South, 1600 South, 1750 West; I-15 and abutting frontage roads.

“Projecting sign” means a permanent sign that is attached to a building or structure, that projects outward more than twenty-four inches (24") and whose sign face is displayed perpendicular to or at an angle to the building or structure.

“Public necessity sign” means a sign that is used for the control of traffic and other regulatory purposes, street signs, danger signs, railroad crossing signs, and signs of public service companies indicating danger and aids to service or safety.

“Public notice” means an official notice used by any court or public body or official, or the posting of a notice by any public officer in the performance of a duty.

“Pylon sign” means a freestanding sign of over fifteen feet (15') in height that is detached from a building and is supported by one or more structural elements that are architecturally similar to the design of the building.

“Roof sign” means a permanent sign that is attached to or over the roof of a building or structure or a sign that is attached to the building wall and extends above the top of the wall.

“Sign” means any device, fixture, placard or structure that uses color, form, graphics, illumination, symbol or writing to advertise, announce the purpose of, or identify the identity of a person or entity, or to communicate information of any kind to the public. A sign includes both the sign face and its support structure.

“Sign area” means that portion of a sign used for display area as provided under Section 11-6-305.

“Subdivision/residential development entrance sign” means an on-premises sign that is part of or placed on any permanent wall, fence, building or architectural element constructed to mark the entrance of a subdivision or other residential development and located in a sign easement on private property or common area at the entrance of the subdivision or residential development.

“Suspended sign” means a sign that is suspended from the underside of a horizontal plane surface and is supported by that surface or the structure above.

“Temporary sign” means a sign that is not permanently mounted. Such signs may include: banners, blades, pennants, balloons, flags and the like.

“Wall sign” means any permanent sign that is painted on or mounted parallel to the exterior surface of a wall, fascia, or marquee on a building and does not project more than eighteen inches (18") from the surface of the building.

“Window sign” means a temporary sign that is attached to the interior of a window or glass door and does not cover more than fifty percent (50%) of the window surface, or is located in the interior of the building within six feet (6') of the window and is oriented to the outside of the building or structure.

(Ord. No. 07-2010, 06/01/2010; Ord. No. 14-2013, 12/17/2013; Ord. No. 01-2015 § 1, 02/03/2015; Ord. No. 17-2015 § 1, 11/17/2015)

11-6-305 General Provisions.

(1) Clearance – All signs shall meet the vertical and horizontal clearance requirements of the National Electric Safety Code.

(a) A freestanding sign shall not extend over any pedestrian or vehicular access area unless the Chief Building Official determines such sign is not a hazard. In no case may a sign approved by the building official extend over a public or private sidewalk with less than ten feet (10') of clearance above such sidewalk, nor extend over a public or private driveway with a clearance of less than seventeen feet (17') above such driveway.

(b) A sign may not project over any publicly owned property unless permitted by this Article and approved by the government agency having jurisdiction over the right-of-way.

(2) Construction Standards – Signs shall be constructed and installed in accordance with provisions of the building codes, engineering standards and Springville City Sign Ordinance effective at the time the permit is issued.

(3) Height Measurements – Sign height shall be as follows:

(a) Pole or pylon signs shall be measured from the top of the curb adjacent the nearest public street or nearest public street pavement to the top of the highest point on the sign or sign structure. All structural elements, whether for support or ornamentation, shall be measured as a part of the sign.

(b) Low-profile signs shall be measured from the top of the curb adjacent the nearest public street or nearest public street pavement to the top of the sign structure. The sign may be located on a berm as required by the street frontage landscape border. If the berming option is chosen, the berm shall be used for the entire area intended to be screened, in accordance with Section 11-6-208.

(4) Required Landscape Area for Signs – Unless otherwise provided in this Article, all freestanding signs shall be located in a landscaped area equal to at least the total sign area. This shall generally occur in connection with the street frontage landscape border (see Section 11-6-208).

The sign shall be sited within the required landscape area. For low-profile signs, landscaping shall be such that no pole or portion of the area under the sign is visible at any time of the year, otherwise a platform base of at least fifty percent (50%) of the width of the sign and up to one foot (1') in height shall be provided.

(5) Maintenance – All signs, whether temporary or permanent, shall be maintained in a safe, attractive and a completely operational condition. The repair of facades, where signs have been removed, along with painting, cleaning and repair constitute maintenance. Maintenance does not include structural alterations, cosmetic or style changes or enlargement of sign area.

(6) Noncommercial Messages – A noncommercial message of any type may be substituted for any commercial message which is otherwise allowable.

(7) Public Property – Except for signs owned and installed by a government agency, or installed by permission of a government agency, no sign shall be erected on, over or across publicly owned property or inside a public street right-of-way or located within a public right-of-way.

(8) Setbacks and Spacing Requirements – Unless specifically stated otherwise, a freestanding sign shall be set back from an interior side lot line a distance equal to or greater than the height of the sign and no portion of such sign shall be located closer than three feet (3') from a lot line bordering a public street. In addition, pole and pylon signs shall be located at least one hundred feet (100') from any low-profile sign located on the same or immediately adjoining lot. Low-profile signs shall be located at least fifty feet (50') from any low-profile sign located on the same or immediately adjoining lot.

(9) Sign Area Computation – The area of a sign shall be the entire area located within the smallest rectangle or combination of contiguous rectangles enclosing the extreme limits of writing, symbols, emblems, or other graphical elements. It also includes any frame of other material, color or condition that forms an integral part of the display and is used to differentiate the sign from the wall or surface on which it is located.

The necessary supports, poles, pole covers, uprights or structural bases which support a sign shall not be included in determining sign area unless such supports, poles, pole covers, uprights and structural bases are designed in such a manner as to form an integral part of the sign display.

When a sign has two (2) opposite, parallel display faces or diverges from the common edge by an angle of not more than forty-five (45) degrees, the area calculation is based on only one (1) side of the sign. When two (2) sign faces diverge from a common edge by an angle of greater than forty-five (45) degrees or three (3) or more sign faces are included, the area of each sign surface shall be included in determining the total sign area.

Sign area for signs including three (3) or four (4) faces shall be calculated by totaling the sum of all sign faces and dividing by two (2). Signs with greater than four (4) faces are prohibited.

Sign area for spherical, free-form, sculptural or other nonplanar signs shall be calculated by totaling the sum of the four (4) vertical sides of the smallest four (4) sided polyhedron that will encompass the sign structure and dividing by two (2).

(10) Sign Lighting – Sign lighting shall be located and shielded in such a manner as to ensure that it is directed away from adjacent properties. Sign lighting shall be installed and located in such a manner as to not constitute a nuisance or hazard.

(11) Signs on Awnings, Canopies, Fascia or Marquees – Awnings, canopies, fascia or marquees shall be designated as permanent parts of the building and shall meet all of the requirements of the Building and Electrical Codes as adopted by Springville City.

Unless otherwise provided in this Article, the sign area of the marquee, fascia, canopy or awnings shall be included as a part of the wall sign area calculation.

In cases where an awning, canopy, fascia or marquee is constructed of translucent material, is illuminated from within or behind the structure and contains sign copy, the entire area of the structure shall be calculated in determining the sign area.

(12) Traffic Hazard – No sign shall be erected within the defined clear view or clear vision area of any property, as described in Section 11-6-108, or any location where by reason of position, shape or color, the sign may interfere with, obstruct the view of, or be confused with, an authorized traffic sign, signal or device.

(Adopted by Ord. No. 14-05, amended by Ord. No. 5-06; Ord. No. 07-2010, 06/01/2010; Ord. No. 01-2015 § 1, 02/03/2015; Ord. No. 17-2015 § 1, 11/17/2015)

11-6-306 Prohibited Signs and Devices.

(1) The following signs and devices are prohibited:

(a) Animated signs;

(b) Graffiti;

(d) Signs that are unsafe, hazardous or violate the City’s adopted Building, Electric and Fire Codes; and

(e) Off-premises signs, except as allowed in Section 11-6-308(4)(b)(ii) or 11-6-309.A.

(2) The following devices are only allowed on a temporary basis in accordance with Section 11-6-311:

(a) Flags, pennants, streamers or other decorative material used for commercial advertising purposes or to direct attention to a place of business;

(b) Tethered balloons;

(d) Portable signs.

(3) Unlawful Prohibition – If any of the foregoing signs are deemed lawful by a court of competent jurisdiction, such signs shall be permitted.

(Ord. No. 07-2010, 06/01/2010; Ord. No. 01-2015 § 1, 02/03/2015; Ord. No. 17-2015 § 1, 11/17/2015)

11-6-307 Handbills, Signs – Public Places and Objects.

(1) Except as otherwise stipulated, no person shall paint, mark or write on, or post or otherwise affix, any hand-bill or sign to or upon any sidewalk, crosswalk, curb, curbstone, park strip, street lamp post, bench, hydrant, tree, shrub, tree stake or guard, railroad trestle, electric light or power or telephone or telegraph or trolley wire pole, or wire appurtenance thereof or upon any lighting system, public bridge, drinking fountain, life saving equipment, street sign or traffic sign.

(2) Any handbill or sign found posted upon public property contrary to the provisions of this Section may be removed by the Police Department, Public Works Department, Parks and Recreation Department, or Community Development Department. The person responsible for any such illegal posting shall be liable for the cost incurred in the removal thereof and the City is authorized to effect the collection of said sign.

(3) Nothing in this Section shall apply to the installation of a metal plaque or plate or individual letters or figures in a sidewalk commemorating a cultural, historical, or artistic event, location or personality for which the Public Works Department has granted a written permit.

(4) Nothing in this Section shall apply to the painting of house numbers upon curbs.

(Ord. No. 07-2010, 06/01/2010)

11-6-308 Signs Allowed Without a Sign Permit.

The following signs listed in this Section are allowed without a sign permit, but may be subject to electrical or building permit requirements:

(1) Flags – Up to a total of three (3) flags may be displayed on up to a total of three (3) flag poles of any size. Commercial properties may have any number of flags that are less than twelve feet (12') in height for a period of ten (10) days within a thirty (30) day period. After the ten (10) day period, the property owner must either remove all but three (3) flags on its property or obtain a temporary sign permit.

(2) Government Signs – A sign authorized by a government agency may be installed as provided by the applicable law and shall not require a sign permit.

(3) Interior Signs – Signs located on the interior of a building, stadium or structure.

(4) Permanent and limited duration signs may be placed on private property as provided below. Additionally, such signs shall not create a traffic hazard as defined in Section 11-6-305(12) and shall be attached to a building or be located in landscaped areas. The signage may include any lawful commercial and noncommercial messages.

(a) Agricultural and Residential Zones – No more than two (2) permanent signs are allowed; and any number of limited duration temporary signs may be allowed, provided:

(i) The total area of all signs shall be subject to the following requirements:

Lot Acreage	Permanent Signage Area	Limited Duration Signage
< 1 acre	2 square feet	12 square feet
1 to 5 acres	32 square feet	32 square feet
> 5 acres	32 square feet	64 square feet
Community use, school or church on parcel > 1 acre	64 square feet, of which freestanding signage may not exceed 32 square feet	64 square feet

(ii) All signs are located at least three feet (3') from any property line;

(iii) A freestanding sign may be up to six feet (6') in height, provided it is set back one foot (1') from any property line for every one foot (1') of sign or structure height; and

(iv) An attached sign shall conform to requirements in Section 11-6-305.

(b) Nonresidential Zones.

(i) On-Premises Signs – Up to four (4) freestanding, on premises signs per site totaling no more than thirty-two (32) square feet of signage area, subject to the requirements in subsection (4)(b)(iii) of this section.

(ii) Off-Premises Temporary Signs – In addition to the on-premises temporary signage allowance, up to two (2) additional freestanding, temporary off-premises signs totaling no more than sixteen (16) square feet will be allowed for no longer than a three (3) month period per sign, subject to the requirements in subsection (4)(b)(iii) of this section.

(iii) Requirements for Temporary Signs Allowed under Subsection (4)(b)(i) and (ii) of This Section.

(A) A sign or signs may not exceed six feet (6') in height, provided it is set back one foot (1') from any property line for every one foot (1') of sign or structure height. Signs attached to walls or soffits are exempt from the height limitations.

(B) Signs must be located on the property and may be mounted on poles used for other purposes (e.g., lot lighting and pole signs), as long as they meet the setbacks specified above. In addition they may be attached to building walls, soffits or fences, but shall not be attached to trees.

(C) All types of signs shall not infringe on the clear view of driveways and intersections. In addition, they shall not negatively impact on-site pedestrian and vehicular circulation. Signs attached to walls or soffits shall not block windows or doorways.

(D) All types of signs shall be kept in good condition, and shall not be faded, tattered or torn.

(5) Window Signs – Temporary signs located on the interior of a window that do not obstruct more than fifty percent (50%) of the window surface.

(6) Directional Signs – Signs intended to direct customers or provide enhanced safety shall not require a permit if limited to four (4) square feet and a height no greater than five feet (5').

(Adopted by Ord. No. 14-05, amended by Ord. No. 5-06; Ord. No. 07-2010, 06/01/2010; Ord. No. 01-2015 § 1, 02/03/2015; Ord. No. 17-2015 § 1, 11/17/2015)

11-6-309 Master Sign Plan for New Multi-Tenant Development.

For all multi-tenant developments, a master sign plan shall be presented to the Planning Commission as a part of the site plan review process and shall be approved prior to issuance of a sign permit or installation of any signage on the site. The master sign plan shall include:

(1) Site plan, including the location of all buildings, parking lots, driveways, landscaped areas and existing and proposed freestanding sign locations.

(2) An elevation drawing, illustration or photo of any building elevation that includes the location of proposed sign.

(3) A scaled rendering showing the size and location of each freestanding sign or sign attached to a building that is proposed for the project.

(Ord. No. 07-2010, 06/01/2010)

11-6-309.A Unified Sign Agreement for On-Premises Signs.

In accordance with the requirements of this Section, the Community Development Director may approve a unified sign agreement that authorizes two (2) or more adjacent lots or two (2) or more lots that are separated only by right-of-way to act as a unified sign development for the purpose of erecting signs. Signs within a unified sign development with an approved unified sign agreement shall be considered on-premises signs if the signs advertise, communicate or identify products, services, businesses, organizations, activities or messages that are located, conducted, manufactured or sold on a property within the unified sign development.

(1) Lots Eligible for Unified Sign Agreement. In order to be considered to be adjacent, lots must be immediately adjacent to each other and not at cross corners. Lots separated by a right-of-way must be directly across the right-of-way and, except for the right-of-way, must be adjacent and not at cross corners.

(2) Criteria for Approval. In deciding whether to approve multiple lots as a single premises, the following criteria shall be considered:

(a) All areas to be combined in the unified sign agreement must be part of a clearly defined unified commercial development constructed as a single destination point for customers and visitors. Attributes of a unified commercial development include:

(i) Common name identification to the public;

(ii) Shared parking provided throughout the development;

(iii) Sign structures utilized for shared signage, including identification of the common name of the development; and

(iv) Physical layout of the development results in a cohesive development.

(b) No more than seventy-five percent (75%) of the advertised message area may be used by one (1) property owner or tenant.

(d) A lot can be subject to only one (1) unified sign agreement.

(3) Allowed Signage.

(a) The properties that are subject to the unified sign agreement shall be considered as individual properties for determining allowable sign types and total signage area, except that the width of any right-of-way separating lots within the area shall not be counted towards allowable signage area.

(b) All signs included within the unified sign agreement shall meet the on-premises sign requirements of this Article and any and all other Springville City ordinances, resolutions and policies that govern signs. All nonconforming signs on the premises shall be removed as part of the unified sign agreement.

(c) Upon approval of a unified sign agreement, all existing signs on the premises that are not in compliance with the unified sign agreement shall be removed or brought into compliance with the unified sign agreement.

(d) All new signs constructed pursuant to the agreement shall be constructed in compliance with the unified sign agreement.

(4) Sign Plan and Application Fee Required.

(a) A sign plan covering the entire area included in the unified sign agreement shall be submitted to the Community Development Director for approval. The sign plan shall contain the following information:

(i) The location, size, and height of all existing and proposed signs; and

(ii) Description of development within the area of the unified sign agreement demonstrating the attributes of a unified commercial development as described in subsection (2)(a) of this section.

(b) A copy of the sign plan shall be attached to the unified sign agreement and may be amended only with the approval of the Community Development Director, upon compliance with the requirements set out in subsection (7)(b) of this section.

(c) An application fee shall be paid by an applicant with the filing of an application for a unified sign agreement. An application will not be deemed complete until the required fees have been received by the City. The fee amount shall be as adopted by the City Council.

(5) Findings. The Community Development Director may administratively approve a unified sign agreement, if the Director finds that the unified sign agreement meets all of the above requirements and the requirements of this Article.

(6) Notice of Decision. The Community Development Director shall issue a decision on a unified sign agreement within thirty (30) days of the date a completed application is submitted.

(7) Execution, Amendment, Termination and Filing of Unified Sign Agreements.

(a) The unified sign agreement shall:

(i) Contain the names and addresses of the owners and the legal descriptions of all properties within the unified sign agreement;

(ii) State that all parties agree that the properties covered by the agreement may be treated as individual property for the purpose of determining the number, size and location of on-premises signs permitted in accordance with this Section;

(iii) State that the agreement constitutes a covenant running with the land with respect to all properties subject to the agreement;

(iv) State that all parties agree to defend, indemnify and hold harmless Springville City from and against all claims or liabilities arising out of or in connection with the agreement;

(v) State that the agreement will be governed by the laws of the State of Utah;

(vi) State that the agreement may be amended or terminated only in accordance with subsection (7)(b) of this section;

(vii) Be approved by the Community Development Director and approved as to form by the City Attorney;

(viii) Be signed by all owners of the properties included in the agreement; and

(ix) Be signed by all lien holders, other than taxing entities that have either an interest in the lots covered by the agreement or an improvement on those properties.

(b) A unified sign agreement may be amended or terminated as follows:

(i) The amendment or termination agreement shall be executed by all owners of the properties included in the unified sign agreement, and all lien holders, other than a taxing entity, that have an interest in land covered by the agreement or an improvement on such land.

(ii) A termination agreement shall be approved by the Community Development Director if all signs on the property governed by the agreement are in compliance with City sign regulations, as if no unified sign agreement had been executed. Any signs that are not in compliance shall be removed or brought into compliance prior to approval of the agreement by the Community Development Director.

(iii) In considering whether to approve an amendment to a unified sign agreement, the Community Development Director shall consider the criteria for approval of unified sign agreements set out in subsection (7)(a) of this section.

(c) A unified sign agreement or an agreement to amend or terminate such an agreement is not effective until the agreement is approved by the Community Development Director, the agreement is filed in the Utah County Recorder’s Office, and two (2) recorded-marked copies of the agreement are delivered to the Community Development Director.

(Ord. No. 07-2010, 06/01/2010; Ord. No. 01-2015 § 1, 02/03/2015; Ord. No. 17-2015 § 1, 11/17/2015)

11-6-310 Sign Permit Process.

(1) Permit Required – Except as otherwise provided in this Article, a sign permit shall be required from the Community Development Department prior to the erection, installation or painting of any sign, whether it be temporary or permanent in nature, or change to the face of any nonconforming sign. This requirement applies to new signs, signs to be added to an existing building or site, and existing signs that are proposed to be enlarged, changed or modified. Any sign requiring inspection of electrical or structural work, as determined by the Building Official, shall be subject to a fee. Permits shall also be required for other changes listed above, but no fee shall be required. The permit shall expire and become null and void if the work authorized by the permit is not begun within one hundred eighty (180) days following the date of issuance.

(2) Penalty for Installing Sign without Permit – New or existing signs installed or maintained without a permit will be required to be removed or will be charged a penalty fee of $100.00 or a double sign permit fee, whichever is greater, at the time the applicant makes application for a sign permit with the Community Development Department.

(3) Required Permit Information.

(a) Freestanding Signs.

(i) Plot plan including property lines and dimensions;

(ii) Existing and proposed buildings, structures, signs, etc.;

(iii) Any overhead utility lines on the property and within twenty feet (20') of the property;

(iv) Streets, driveways, parking spaces, etc.;

(v) Landscaping.

(b) Attached Signs.

(i) Full elevation of building to which signs are attached with dimensions of width and height of the facade and features;

(ii) Dimensions of sign location on the building elevation (height, distance from the edge of the building elevation);

(iii) Awning signs must include an elevation of the overall awning with dimensions.

(i) Plot plan showing relationship of signs to buildings, property lines, setback from public rights-of-way, intersections, easements and driveways;

(ii) Length of period for display, type of request.

(d) Additional Information Required.

(i) Where applicable, dimensions and locations of existing signs;

(ii) Proof of current Springville City business license;

(iii) Business address and phone number;

(iv) Address of property owner and phone number;

(v) General or electrical contractor license, phone and address;

(vi) Value of the sign.

(4) Sign Company Tag. All signs shall include a sign builder’s identification tag or signature. The tag or signature shall be made of durable weatherproof material and must be affixed to the sign where it is readily visible by City inspectors.

(Ord. No. 07-2010, 06/01/2010)

11-6-311 Temporary Signs.

(1) In addition to signs allowed without a permit, the following signs shall be permitted in all nonresidential zones subject to issuance of a temporary use permit. A-frame signs; flags, pennants, streamers or other decorative material used for commercial advertising purposes or to direct attention to a place of business; and balloons, or spotlights directed into the night sky may be used as temporary signs. All temporary signs and any associated structures, lines, tethers, and power cords or conduits shall be placed outside of designated travel ways for vehicles and pedestrians. Temporary signs may be mounted on poles used for other purposes (e.g., lot lighting and pole signs), soffits and fences but shall not be attached to trees.

(2) Signs Announcing New Businesses. Temporary signs announcing the initial opening of a business, relocation or change of ownership of an existing business may be allowed, provided the event does not continue for more than sixty (60) days and that the permit is issued within the first year of operation. No more than one (1) grand opening may be allowed per business during any consecutive twelve (12) month period. The sign must comply with the general size and location standards for signage in this Chapter and must be removed at the end of the sixty (60) day period. Balloons, outdoor pennants, or spotlights directed into the night sky may be included (see subsection (4) of this section).

(3) Signs Announcing the Discontinuation of a Business. A business may apply for a special permit in order to facilitate the liquidation of inventory for a failing business for a period not to exceed ninety (90) calendar days. Such permit will be allowed only once for any business license. No more than one (1) going out of business/bankruptcy sale may be allowed at a building or site during any consecutive twelve (12) month period. Balloons, outdoor pennants, or spotlights directed into the night sky may be included as part of a going out of business/bankruptcy period (see subsection (4) of this section).

(4) Signs Announcing Special Event Sales. Balloons, outdoor pennants, or spotlights directed into the night sky may be included as part of special event sales. Tethered or attached balloons, banners and flags permitted by this Article shall be attached in such a manner as to be totally contained within the property where they are attached when extended horizontally. A business may have up to ten (10) special event sales for a total of up to thirty (30) days for all special event sales per calendar year. The period may be combined to run consecutively. A temporary use permit shall be obtained for such events.

(Repealed and Replaced by #14-05, 6/21/2005; Amended by #26-05, 12/06/2005, and #21-2007, 04/03/2007; Ord. No. 07-2010, 06/01/2010; Ord. No. 01-2015 § 1, 02/03/2015)

11-6-312 Sign Districts.

(1) Intent and Purpose – Throughout Springville City, there are a variety of commercial and industrial areas that are all important to the vitality of the City. They vary from older, traditional commercial areas with a mix of pedestrian traffic to automobile-oriented, regional commercial centers adjacent the interstate system. Within residential areas, needs for signs are also important, but should not take away from the residential nature of the area. For purposes of this Article, the sign districts will be used to regulate signs. These districts are identified on the sign district map. As rezoning of properties occurs, the sign district map shall be amended, if needed, to reflect the new zoning designation.

(a) Sign District A (Historic Downtown Core/Village Center Districts) includes those areas located in the Town Center located between 400 North and 300 South and the Westfields Village Center. As Springville’s original “downtown,” building facades were generally constructed on the front property line and the area has a strong pedestrian orientation that the City wishes to enhance. This area includes buildings of architectural and historic importance to the community. Speed limits through this area are affected by semaphores placement at Center, 200 and 400 North and South Streets. The Village Center is planned to incorporate the same site and building design features as those found in Springville’s historic downtown and will serve as the location of the intermodal transit hub.

Because of the architectural and historic nature and building-types located in these areas, wall signs and projecting signs are most in keeping with the nature of the area. Where freestanding signage is allowed, it shall be low-profile signage.

(b) Sign District B (The Main Street Corridor) includes those commercially zoned properties located to the north and south of the Historic Downtown Core of the City. Those areas of Main Street located on either side of the Historic Downtown are included in Sign District B. These areas are primarily auto-oriented in nature and include a wide mix of uses and lot widths and sizes, which are important considerations in determining what types of freestanding signage are appropriate for these areas. While speed limits through this area vary, with those nearest the Historic Downtown Core being lower than those located north of 900 North Street, as commercial uses intensify within this area, traffic speeds will move more slowly along all of Springville’s Main Street.

Freestanding signage requirements are based on posted and actual speeds through this area now and in the future, opportunities for business to be identified and the residential areas located behind commercial area. Wall signs are encouraged, with orientation to Main Street and away from residential areas. Freestanding signage is allowed, based on street frontage, function and proximity to residential development.

(c) Sign District C (East 400 South/Museum Corridor) includes those commercially zoned areas located east of 100 East Street. This area includes a mix of smaller-scale professional offices and commercial retail uses surrounded by residential neighborhoods. The area includes a mix of pedestrian and vehicular traffic. Signage in this area is low-profile and the intent of this Article is to retain this signage characteristic for this area. Wall signage is also allowed in this corridor area.

(d) Sign District D (Gateway Corridors) includes portions of 400 South and 1600 South. These commercial corridors are located in the Westfields Community. Signage in this area will allow for low-profile, pylon and wall signs.

(e) Sign District E (Commercial properties as shown on the sign district map that are near the UDOT I-15 corridor and west of the 1500 West railroad tracks.) – Within this corridor, low-profile and pole signs are allowed. Wall signs are also permitted in this area.

(f) Sign District F (Industrial Districts) includes all properties zoned for light or heavy industrial manufacturing. These uses typically do not include retail traffic and the buildings associated with the use typically include adequate space for signage, along with low-profile signs.

(g) Sign District G (Residential and Agricultural) includes properties zoned for the full range of residential, along with agricultural uses. Because the nature of these areas is primarily residential in nature, total signage area is necessarily limited.

(Ord. No. 07-2010, 06/01/2010; Ord. No. 01-2015 § 1, 02/03/2015; Ord. No. 17-2015 § 1, 11/17/2015)

11-6-313 Specific Sign Regulations. Revised 8/22

(1) A-Frame Sign.

(a) Districts Where Allowed. Permitted in all sign districts in accordance with the standards for signs allowed without a sign permit or as part of a temporary use permit.

(b) One (1) A-frame attended portable sign may be placed in the public right-of-way behind the curb and gutter by a person or through a representative who, at all times while the sign is in the public right-of-way, remains either: (i) within one hundred feet (100') of the sign or (ii) on the first floor of a building whose front entrance is within one hundred feet (100') of the sign. Springville City reserves the right to request the removal or relocation of a portable sign to accommodate construction activity or the free flow of pedestrian traffic within the public right-of-way.

(c) Size. Maximum sign face size shall be twenty-four inches (24") wide and thirty-six inches (36") tall. Maximum sign stand frame size shall be twenty-seven inches (27") wide and forty-seven inches (47") tall when closed with a maximum depth of three feet (3') when opened.

(d) Sign Type. Sign faces shall be flat and lie in plane with the sign stand frame. Signs shall not be electrified or lighted in any manner.

(e) Location. The sign shall be located immediately in front of and between the side walls of the associated business.

(i) For businesses with a front setback, the sign shall be located in the front setback.

(ii) For businesses without a front setback, the sign shall be located immediately adjacent to the front facade of the business or within the park strip, provided a six-foot (6') wide clear pedestrian way is maintained on the sidewalk.

(iii) Signs shall not be located outside of this designated area in any other location within the public right-of-way.

(f) Time of Display. The sign shall be displayed only during the associated business’s hours of operation and must be stored inside the business at all other times.

(2) Awning Sign.

Sign Districts Where Allowed – Permitted in all nonresidential sign districts; however, back lit awnings are not permitted in Sign District A. Awning signs are allowed to project into the public right-of-way in Sign District A on buildings with no front setback.

Permit Required – A sign permit is required. An encroachment permit is required, when located over a public sidewalk.

Location – Awning signs shall be attached parallel to a wall of a main building of a business where wall signs are allowed.

Height/Area – The sign area may include up to forty percent (40%) of all awning surfaces; however, back-lit awnings may include up to one hundred percent (100%) of the awning surface. The area shall be calculated as part of the wall sign area. The awning shall meet clearance requirements as described in Section 11-6-305.

(3) Bus Bench Sign – In accordance with Springville City Bus Bench Sign Policy.

(4) Canopy Sign.

Sign Districts Where Allowed – Permitted in all nonresidential sign districts.

Permit Required – A sign permit is required.

Location – Canopy signs may be attached to a building or freestanding structure.

Height/Area – As a freestanding structure, the height of the canopy sign is limited by the development regulations of the Springville Zoning Ordinance. The sign area may include up to fifteen percent (15%) of the canopy face and project up to eighteen inches (18") from the canopy face, but may not extend beyond the outside limits of the canopy. Canopy signage may not be included on those canopy faces that face onto a residential zone.

For canopies attached to a building, the height and area shall be calculated as part of a wall sign. The canopy shall meet clearance requirements as described in Section 11-6-305.

(5) Changeable Copy/Electronic Message Sign (EMS).

Sign Districts Where Allowed – Manual changeable copy signs are permitted in all nonresidential zones as up to fifty percent (50%) of the sign area of a pole sign, low-profile sign or wall sign. All types of changeable copy signs are also permitted on community uses, churches and schools in residential and nonresidential zones up to sixty percent (60%) of the sign area of a pole sign, low-profile sign or a wall sign. All types of changeable copy signs are permitted up to fifty percent (50%) of a pole sign in Sign District E and of a low-profile and wall sign in Sign Districts B, D and E, along with properties in District C with frontages of at least two hundred feet (200'). EMS signs must be primarily directed, at no greater than a forty-five (45) degree angle from facing parallel, to 400 South.

EMS requirements:

(a) Residential Zones. In all residential zones where allowed, EMSs shall be limited to vertical or horizontal messages with no pulsing or flashing images or lettering. All electronic message signs shall be manually or automatically shut off between the hours of 10:00 p.m. and 6:00 a.m. in residential zones.

(b) Small EMSs. The Community Development Director may approve small EMSs (such as gas pricing signs) for commercial uses in all nonresidential zones that meet the following requirements:

(i) The EMS must be part of a low-profile, pole, or canopy sign;

(ii) The EMS portion of the sign must remain static;

(iii) The EMS portion must be a one (1) color display with a black background;

(iv) The EMS may not exceed three (3) square feet of the permitted sign area or fifteen percent (15%) of the total permitted sign area, whichever is greater; and

(v) The EMS must conform to the illumination requirements of this Chapter.

(c) Static. Each message displayed on an EMS shall remain “on” and static for a minimum of three (3) seconds with the exception of video presentations. Flashing, starburst or other similar frame effects are prohibited.

(d) Illumination. All EMSs are required to comply with the following LED sign illumination requirements:

(i) All permitted EMSs shall be equipped with a sensor or other device that automatically determines the ambient illumination and is programmed to automatically dim according to ambient light conditions or that can be adjusted to comply with the three-tenth (0.3) foot-candle measurements. In addition, EMSs must have a default mechanism to turn off the sign within twenty-four (24) hours of a reported malfunction.

(ii) Sign illumination levels for EMSs shall never, at maximum display intensity, exceed three-tenths (0.3) foot-candles over ambient lighting conditions when measured at the distance set forth in the “Electronic Message Sign Measurement Table” located in the Appendix.

(iii) The illuminance of an EMS shall be measured with an illuminance meter set to measure foot-candles accurate to at least two (2) decimals. Illuminance shall be measured with the EMS off, and again with the EMS displaying a white image for a full color capable EMS, or a solid message for a single-color EMS. All measurements shall be taken perpendicular to the face of the EMS at the distance determined by the total square footage of the EMS as set forth in “Electronic Message Sign Measurement Table” located in the Appendix.

(e) The applicant shall submit a photometric matrix (showing the dispersal in foot-candles) showing that the sign meets all the requirements of this code.

Permit Required – A sign permit is required, unless erected in accordance with the criteria of Section 11-6-308.

Location – As permitted as a part of a freestanding or wall sign.

Height/Area – As permitted as a part of a pole, low-profile, or wall sign.

(6) Directional Sign – See Section 11-6-308.

(7) Drive-Through Lane Sign.

Sign Districts Where Allowed – Drive-through lane signs are permitted in Sign Districts A, B, C, D, E, and F.

Permit Required – A sign permit is required.

Area – Forty (40) square feet on a one (1) sided sign whose face is directed toward the drive-through lane.

Location – One (1) drive-through lane sign is allowed per drive-through approach lane. Such sign must be within ten feet (10') of the drive-through lane and be set back at least twenty feet (20') from any public street right-of-way. Drive-through lane signs must meet landscaping standards of low-profile signs in Section 11-6-305.

Height – A drive-through lane sign may not exceed eight feet (8') in height as measured from the surface of the drive-through lane.

(8) Frame Structure Signs.

Sign Districts Where Allowed – E and F.

Permit Required – A sign permit is required.

Location – The sign shall be located below the arch or cross-beam of the frame structure and within the plane created by the supports and arch or cross-beam.

Height/Area – The sign must be located below the arch or cross-beam and may consist of twenty-five (25) square feet or ten percent (10%) of the plane area created by the supports and the arch or cross-beam of the structure, whichever is less.

(9) Low-Profile Signs.

Sign Districts Where Allowed – Low-profile signs are permitted in all sign districts.

Permit Required – A sign permit is required.

Area.

(a) Forty-eight (48) square feet is allowed in Sign Districts A, B and C, with an additional twelve (12) square feet of signage for properties of greater than two (2) acres with three (3) or more tenants for a total of sixty (60) square feet.

(b) Sixty (60) square feet is allowed in Sign Districts D, E and F with an additional thirty (30) square feet for properties of five (5) or more acres with three (3) or more tenants for a total of ninety (90) square feet.

Location – One (1) low-profile sign is allowed per frontage. On parcels in Sign Districts A, B and C with two hundred (200) or more feet of street frontage, one (1) additional low-profile sign will be allowed. On parcels in Sign Districts D, E and F with three hundred (300) or more feet of street frontage, one (1) additional low-profile sign will be allowed. No more than two (2) signs may be allowed per street frontage.

Height – A low-profile sign of sixty (60) square feet or less may not exceed six feet (6') in height and one of greater than sixty (60) square feet may not exceed nine feet (9') in height, exclusive of any support structure up to two feet (2') in height. In nonresidential sign districts, the sign may be located on required berming, or a landscaped base or planter box, which shall not be considered in the sign height measurement; however, the maximum height for a low-profile sign of sixty (60) square feet or less, as measured to the top of the sign or sign cabinet, shall not exceed twelve feet (12') as measured from the top of the curb of the nearest public street. For those signs greater than sixty (60) square feet, the maximum height shall not exceed fifteen feet (15') as measured from the top back of curb on the nearest public street.

For signs utilizing the berm option, the entire frontage shall be bermed, not just the area needed to accommodate the sign.

(10) Pole Signs.

Sign Districts Where Allowed – District E and schools within any sign district.

Permit Required – A sign permit is required.

Number of Pole Signs Allowed.

(a) District E – One (1) freestanding pole sign is allowed on each street frontage; provided, that it is located two hundred feet (200') from any other pole sign. For parcels having at least six hundred feet (600') of frontage, a second pole sign is permitted, provided it is located at least three hundred feet (300') from any other pole sign. No more than two (2) pole signs may be allowed per street frontage.

(b) Schools – One (1) freestanding pole sign is allowed on school parcels having at least four hundred feet (400') of frontage, provided the parcel has no other freestanding signs. In no case shall any school parcel have more than one (1) pole sign, with the exception of interior athletic field scoreboard signs. Pole signs shall be architecturally compatible with the building materials used on the school and approved by the Community Development Director.

Area – See Pole Sign Table.

(a) Sign District E – One (1) square foot per linear foot of frontage up to a maximum of three hundred fifty (350) square feet.

(b) Schools in Any Sign District – Up to a maximum of fifty (50) square feet in signage area.

Height.

(a) Sign District E – Maximum height of sixty-five feet (65').

(b) Schools in Any Sign District – Up to a maximum height of twenty feet (20').

(11) Pylon Signs.

Sign Districts Where Allowed – District D.

Permit Required – A sign permit is required.

Number of Pylon Signs Allowed. Pylon signs are allowed subject to an approved unified sign agreement under Section 11-6-309.A. As part of a unified sign agreement that is approved under Section 11-6-309.A, the unified sign development may have one (1) pylon sign for every eight hundred feet (800') of street frontage, inclusive of all properties, on an arterial or major collector street within the unified sign development.

Area – One (1) square foot per linear foot of frontage up to a maximum of one hundred fifty (150) square feet.

Height – Maximum height of up to twenty feet (20').

(12) Projecting Vertical Blade or Marquee Signs.

Sign Districts Where Allowed – Permitted in all nonresidential sign districts.

Permit Required – A sign permit is required, along with an encroachment permit, when projecting over public sidewalk.

Location – The sign shall be attached to a building wall and may project a maximum of seven feet (7') from the front of the elevation to which it is attached.

Height/Area – The projecting sign shall meet clearance requirements as described in Section 11-6-305. The area shall be calculated as part of a wall sign.

(13) Projecting Storefront Signs.

(a) Sign Districts Where Allowed. Permitted in all nonresidential sign districts.

(b) One (1) sign shall be allowed to project from the building face for each street level business entrance, or for each twelve feet (12') of building frontage, or street level parking lot entry, having frontage on a public or private street, pedestrian way, plaza, or open space, subject to the following conditions.

(c) Entrance. The business shall have a public entrance directly onto the public or private street, pedestrian way, plaza, or open space.

(d) Location. The sign shall be located below the finished floor of the second level of a building or have a maximum height of fifteen feet (15') above the final grade, whichever is lower.

(e) Clearance. There must be a minimum eight feet (8') of clearance from the bottom of the sign structure to the ground directly below the sign.

(f) Area. Signs shall not exceed twelve (12) square feet in area.

(g) Sign Length and Height. Neither sign length nor height shall exceed four feet (4').

(h) Projection. Signs, including mounting hardware, shall not project more than sixty inches (60") from the face of the building. Signs shall not project from nor be mounted to building elements that are located within the street right-of-way.

(i) Thickness. Signs, including the cabinet, shall not be more than six inches (6") thick. External lighting shall not be limited to the six-inch (6") maximum sign cabinet thickness.

(j) Lighting. Projecting signs may be illuminated internally or externally. Externally lit signs shall be illuminated only with stationary, shielded light sources directed solely onto the sign without causing glare. Lighting shall be constant and shall not consist of running, flashing, or animated lighting.

(k) Hold Harmless Agreement. When a sign extends over a public right-of-way, a hold harmless agreement shall be signed wherein the sign owner will indemnify and hold the City harmless from any injury or other damages associated with the sign.

(l) Message. The message on projecting signs shall be limited to on premises messages.

(m) Sign Type. Projecting signs shall not be electronic display signs.

(n) Changeable Copy. Projecting signs shall not be designed to include changeable copy.

(o) Exemptions. City-owned wayfinding and parking facility identification signs are exempt from the requirements of this subsection.

(14) Subdivision Residential Development Entrance Signs.

Sign Districts Where Allowed – District G.

Permit Required – A sign permit is required.

Location – Signs shall be set back at least ten feet (10') from any street right-of-way and only in yards adjacent to streets at the entrance of the development. Signs must meet clear view requirements. No more than two (2) entrance signs are allowed per development.

Height/Area – Signs shall have a maximum height of five feet (5') and maximum sign area of twenty-four (24) square feet.

(15) Wall Signs.

Zoning Districts Where Allowed – Wall signs are permitted in all nonresidential sign districts.

Permit Required – A sign permit is required.

Location – A wall sign shall be located flat against and attached to the wall of a building, painted thereon or designed as an architectural feature thereof. Wall signs may be placed on a vertical wall above and behind a roof, provided it extends no higher than the highest roof line or top of the wall on which the sign is affixed. Signs may be mounted on the lower portion of a mansard roof with a slope exceeding forty-five (45) degrees, provided such signs do not project. No sign is permitted which breaks the silhouette of the building on which it is located.

Height/Area – For height requirements, see Section 11-6-305. On the wall or walls fronting the primary street frontage, the sign area shall be limited to the greater of fifteen percent (15%) of the wall or walls or fifty (50) square feet. On all other exterior walls, the sign area shall be limited to five percent (5%) of the wall. All permanently attached wall signs located on the building shall be included as a part of the wall sign area calculation.

(Adopted by Ord. No. 14-05, amended by Ord. No. 5-06, and 11-2007; Ord. No. 07-2010, 06/01/2010; Ord. No. 14-2013, 12/17/2013; Ord. No. 17-2014 §§ 1, 2, 08/05/2014; Ord. No. 01-2015 § 1, 02/03/2015; Ord. No. 17-2015 § 1, 11/17/2015; Ord. No. 14-2017 § 1, 07/18/2017; Ord. No. 07-2022 § 1 (Exh. A), 06/07/2022)

11-6-314 Nonconforming Signs.

(1) Purpose and Intent – In order to minimize confusion and unfair competitive disadvantage to those businesses which are required to satisfy current standards of this Chapter, the City intends to apply firm regulation of existing nonconforming signs with a view to their eventual elimination. This goal shall be achieved by strictly construing limits on change, expansion, alteration, abandonment and restoration of nonconforming signs.

(2) Alterations – Excluding normal maintenance and minor repair, a nonconforming sign shall not be reconstructed, raised, moved, replaced, extended, altered or enlarged unless the changes are specifically in accordance with sections of State law that supersede this Article.

(3) Exemptions – The following alterations shall be exempt from the provisions of this subsection:

(a) Face changes in a nonconforming sign;

(b) Copy changes in a nonconforming permanent sign which was originally approved to accommodate changeable copy features; and

(4) Billboards – The provisions of this Section shall not apply to billboards; however, existing, nonconforming billboards located in Sign District E may be raised to a maximum height of thirty-five feet (35') and changed to electronic message signs. Billboards in all other sign districts shall not be raised in height nor changed to electronic message signs. If State law allows billboard owners to make changes to their billboards differently than what is allowed in this subsection, State law will be followed. Nonconforming billboards shall be terminated in accordance with the provisions of Section 10-9a-512, Utah Code Annotated 1953, as amended. In the event that such provisions are repealed, nonconforming billboards shall be subject to the provisions of this Article.

(5) Special Exceptions – Upon application by the sign or business owner, the Board of Adjustment may grant a special exception to allow retention or relocation on the property of a nonconforming sign; provided, that the Board determines that:

(a) The proposed change to the nonconforming sign is determined to be an acceptable and appropriate alternative to the current standards and ordinances;

(b) The action will not impose a burden on other property in the City beyond that posed by a conforming sign;

(d) Signs located on buildings listed on the National Register of Historic Places are significant to the character of the building.

Unfair competitive disadvantage of businesses in the City whose signs do comply with this Article is not to be construed as a burden to be considered by the Board of Adjustment. Purely economic factors, such as expense of removing or altering a nonconforming sign or of purchasing a conforming sign shall not be considered as a reason for granting a special exception by the Board. The Board may impose reasonable requirements with which the petitioner must comply as a condition of approval of a special exception.

(Amended by Ord. No. 34-2007, 10/02/2007; Ord. No. 07-2010, 06/01/2010; Ord. No. 01-2015 § 1, 02/03/2015)

11-6-315 Enforcement.

Any sign not expressly allowed by this Article is prohibited. The Community Development Director or his authorized representative shall be vested with the duty of enforcing this Article and in performance of such duty, shall be empowered and directed to:

(1) Issue Permits – Issue permits to construct, alter, or repair signs which conform to the provisions of this Article.

(2) Determine Conformance – To determine as to whether all signs and related new construction or reconstruction or modifications of existing signs are in conformance with the requirements of the this Article.

(Ord. No. 07-2010, 06/01/2010)

11-6-316 Violation and Penalties.

(1) The Community Development Director or his authorized representative shall be empowered to institute any of the appropriate actions or proceedings, which are listed below, in any case where any sign is illegally erected, constructed, reconstructed, altered, repaired, converted, maintained or used in violation of this Article or Springville City Code. The purpose of such action shall be to prevent unlawful use and restrain, correct, or abate violations, and may include, but not be limited to, any of the following:

(a) Issue Notices of Violations, Citations and Information – The Director or his designee may issue a written notice of violation to the person having charge or control or benefit of any sign found to be unsafe, dangerous or in violation of this code. Such official may also issue criminal citations and swear to information against violators.

(b) Abate and Remove Unsafe or Dangerous Sign – If any unsafe or dangerous sign is not repaired or made safe within five (5) days after giving said notice, the Director may immediately abate and remove that sign and the responsible party shall pay to Springville City, within thirty (30) calendar days after written notice is mailed to such person, the costs incurred in such removal.

(i) If a permanent sign installed without a permit, or otherwise illegal as defined by this Code, is not made conforming within thirty (30) calendar days after written notice has been given, the Director may at once abate and remove that sign. The responsible party shall be liable for the cost incurred in the removal thereof and the City is authorized to effect the collection of said cost.

(ii) If a sign posted upon private property has been installed without a permit or is otherwise illegal as defined by this code, and, after written notice, it has not been made conforming after seventy-two (72) hours either through removal of the temporary sign or obtaining a temporary sign permit, the Director may at once abate and remove said temporary sign, or in the alternative, use all available legal means to have the sign removed, including, but not limited to, criminal or civil action with the appropriate court. The person responsible for any such illegal posting shall be held liable for the cost incurred in the removal thereof and the City is authorized to effect the collection of said cost.

(iii) Any sign posted upon any public property, as defined in this Article, may be immediately removed by the City. Such sign may not be destroyed for a period of less than thirty (30) days from the date of removal. In no case shall the failure to remove said sign constitute approval by the City of the illegal placement of the sign. The person responsible for any such illegal posting shall be held liable for the cost incurred in the removal thereof and the City is authorized to effect the collection of said cost.

(2) Legal Signs that Identify a Discontinued Use – Any legal sign that includes advertising for a use that has been discontinued for ninety (90) calendar days shall either be removed or the face of the sign changed to blank copy. Blank copy may be accomplished by simply turning the sign face inward. Notice shall be mailed to the responsible party, after which they shall have thirty (30) calendar days to either remove the sign or install blank copy on the face of the sign.

(3) Removal of Nonconforming Signs – If a nonconforming sign is damaged or destroyed by fire, flood, earthquake or another natural disaster event, it may be restored or rebuilt; provided, that a building permit shall be obtained within one hundred eighty (180) days of the event and that restoration is completed within one (1) year of the event.

(4) Additionally, nonconforming signs that are not maintained or are abandoned shall be removed from the building or premises when such sign has not been repaired or put into use by the responsible party of such structure for one hundred eighty (180) calendar days. Notice shall be mailed to the responsible party, after which they shall have thirty (30) calendar days to remove the sign. If removal does not occur, the City may have the entire nonconforming sign (both face and structure) removed as provided in this Article.

(5) Enforcement of this Article shall be in accordance with the provisions of Title 11, Chapter 8, Article 2.

(Ord. No. 07-2010, 06/01/2010)

11-6-317 Right to Appeal.

Any person adversely affected by a final decision of the Community Development Director regarding administration of this Article may appeal such decision to the Board of Adjustment in accordance with the procedures set forth in Title 11, Chapter 2, Article 3.

(Ord. No. 07-2010, 06/01/2010)

11-6-318 [Repealed]

(Repealed by Ord. No. 07-2010, 06/01/2010)

APPENDIX

Pole Sign Table*
Sign Zones	Pole Sign Height	Pylon Sign Height	Area Sq. Ftg.	# of Signs
District A	Not allowed	Not allowed	Not allowed	Not allowed
District B	Not allowed	Not allowed	Not allowed	Not allowed
District C	Not allowed	Not allowed	Not allowed	Not allowed
District D	Not allowed	20'	Not allowed	Not allowed
District E Corridor – Interchange No minimum lot frontage	65'	Not allowed	One square foot of signage for every foot of frontage on a primary frontage street. A maximum sign area of 350 square feet.	One pole sign allowed on each street frontage. A second pole sign is allowed on a street frontage with 600 feet or more of street frontage. Each pole sign must be located 300 feet from any other pole sign. No more than two signs per street frontage.
District F	Not allowed	Not allowed	Not allowed	Not allowed
District G	Not allowed	Not allowed	Not allowed	Not allowed
Schools in Any Sign District	20'	Not allowed	50 square feet	One pole sign allowed on parcels having at least 400 feet of frontage

* See Title 11, Chapter 6 for details

Low-Profile Sign Table*
Sign Zones	Height Feet	Area Sq. Ftg.	# of Signs
District A	6' + berm + 2' base	48 (+12)	1 or maximum of 2 for over 200' frontage
District B	6' + berm + 2' base	48 (+12)	See above
District C	6' + berm + 2' base	48 (+12)	See above
District D	6' (9') + berm + 2' base	60 (+30)	1 or maximum of 2 for over 300' frontage
District E	6' (9') + berm + 2' base	60 (+30)	See above
District F	6' (9') + berm + 2' base	60 (+30)	See above
District G	See Title 11, Chapter 6	See Title 11, Chapter 6	See Title 11, Chapter 6

* See Title 11, Chapter 6 for details

Electronic Message Sign Measurement Table

On-Premises Signs
Sign Area (sq. ft.)	Measurement Distance (feet)
10	32
15	39
20	45
25	50
30	55
35	59
40	63
45	67
50	71

For EMSs with an area other than those specifically listed in the above table, the measurement distance may be calculated with the formula: Measurement Distance = √Area of Sign (sq. ft.) x 100

Off-Premises Signs
Sign Area (sq. ft.)	Measurement Distance (feet)
0 – 100	100
101 – 350	150
351 – 650	200
Over 650	250

(Repealed and Replaced by Ord. No. 14-05, 06/21/2005; Ord. No. 07-2010, 06/01/2010; Ord. No. 17-2014 § 3, 08/05/2014; Ord. No. 01-2015 § 1, 02/03/2015; Ord. No. 17-2015 § 1, 11/17/2015)

Article 4 – WIRELESS TELECOMMUNICATION FACILITIES

11-6-401 Purpose.

The purposes of this Article are:

(1) To regulate personal wireless services antennas, and related electronic equipment and structures.

(2) To provide for the orderly establishment of personal wireless services facilities in the City.

(3) To minimize the number of antenna support structures by encouraging the use of stealth facilities, by encouraging the co-location of multiple antennas on a single structure, by encouraging the location of antennas on pre-existing support structures, and by encouraging the use of City-owned property for antenna support structures.

(4) To establish siting, appearance, and safety standards that will help mitigate potential impacts related to the construction, use and maintenance of personal wireless services facilities.

(5) To comply with the Telecommunications Act of 1996 by establishing regulations that (a) do not prohibit or have the effect of prohibiting the provision of personal wireless services, (b) do not unreasonably discriminate among providers of functionally equivalent services, and (c) are not based on the environmental effects of radio frequency emissions to the extent that such facilities comply with the Federal Communication Commission’s regulations concerning such emissions.

11-6-402 Findings.

The Planning Commission and City Council establish the following findings:

1. Personal wireless services are of increasing importance and value to the citizens of Springville. The growing industry and evolving technology continue to increase the quality of life for City residents and contribute to the public safety, health and welfare of the City. Accommodating the expansions of networks and transmission facilities is important to creating a well-connected, functioning city.

2. Excessive proliferation of wireless transmission facilities can have negative impacts on the residents and neighborhoods they serve, particularly aesthetic impacts. Balancing the benefits of transmission facilities with the costs or impacts provides unique zoning challenges for the City.

3. The City needs to balance the interests and desires of the telecommunications industry and its customers to provide competitive and effective telecommunications systems in the City, against the sometimes differing interests and desires of others concerning health, safety, welfare, aesthetics, and orderly planning of the community.

4. The City has experienced an increased demand for personal wireless services facilities to be located in the City, and expects the increased demand to continue into the future.

5. The visual effects of personal wireless services facilities can be mitigated by fair standards regulating their siting, construction, maintenance and use.

6. The City owns numerous large parcels of property spread throughout the City that provide opportunities to locate transmission facilities that are contextually less obtrusive than other privately owned sites and provide possible sources of income that can offset other costs to City residents.

7. Encouraging personal wireless services facilities to be located on City property, with lease payments paid to the City instead of an individual property owner, indirectly compensates all citizens of the community for the adverse impacts of the facilities, and is therefore one of the fairest methods of distributing burden and benefit.

8. Spacing transmission towers evenly throughout the city rather than clustering towers reduces the disproportionate negative impacts otherwise borne by adjacent properties.

9. Because of the height and appearance of some personal wireless services facilities, surrounding properties bear a disproportionate share of the negative impacts of a telecommunications tower. A private property owner who leases space for a personal wireless services facility is the only one who receives compensation for the facility, while neighboring property owners generally take the brunt of negative impacts associated with the facilities.

10. Consideration of locating facilities on buildings, structures, existing towers or as stealth facilities reduces the negative impacts of transmission facilities as exposed, standalone facilities. These approaches more often effectively mitigate the negative impacts than the erection of additional towers. The city does, however, acknowledge that there may be situations where a taller structure can reduce the need for a number of smaller facilities and can be less obtrusive than the collective impact of the smaller structures.

11. Buildings and structures on public property are capable of being used to provide support for antenna arrays, thus reducing the need for additional towers in all areas of the City.

12. The public policy objectives to reduce the proliferation of telecommunication towers and to mitigate their impact can best be facilitated by encouraging the use of less visually intrusive antennas and permitting the locating of wireless communication systems on telecommunication towers and antenna support structures that are co-located.

13. The requirements set forth in this ordinance for the placement of personal wireless services facilities are necessary to protect the heath, safety and general welfare of the community.

14. Springville City recognizes the significance of its nationally registered historic district and other historic resources in the City that are potentially impacted by wireless transmission facilities. Mitigation of the negative impacts in the district and near historical resources is a high priority. Monopoles and other towers should be avoided on public properties within the historic district and should be prohibited on private properties within the historic district. Additionally, applications affecting the district and other resources on or eligible for the National Register are subject to Federal and State regulations including Section 106 of the National Historic Preservation Act.

15. Transmission facilities are subject to State and Federal Laws that include possible requirements for wireless providers to make room on transmission facilities for collocation of other carriers as well as local government authority to create or acquire sites to accommodate the erection of telecommunication towers. This authority allows a city to promote the location of telecommunication towers in a manageable area and to protect the aesthetics and environment of the area.

11-6-403 Definitions.

The following words shall have the described meaning when used in this Article, unless a contrary meaning is apparent from the context of the word.

Antenna. A transmitting or receiving device used in telecommunications that radiates or captures electromagnetic waves used for communication.

City. The City of Springville, Utah.

City-owned Property. Real property that is owned, leased or controlled by the City.

Co-location. The location of an antenna on an existing structure, tower or building that is already being used for personal wireless services facilities.

FAA. Federal Aviation Administration.

FCC. Federal Communications Commission.

Guyed Tower. A tower that supports an antenna or antennas and requires guy wires or other stabilizers for support.

Lattice Tower. A self-supporting three or four-sided, open steel frame structure used to support telecommunications equipment.

Monopole. A single, self-supporting, cylindrical pole, constructed without guy wires or ground anchors, that acts as the support structure for antennas.

Personal Wireless Services. “Personal wireless services” has the same meaning as provided in Section 704 of the Telecommunications Act of 1996 (47 U.S.C. § 332(c)(7)(c)), which includes what is commonly known as cellular and Personal Communication System (PCS) services.

Personal Wireless Services Facilities. Facilities for the provision of personal wireless services, hereafter referred to as “wireless facilities”. Wireless facilities include transmitters, antennas, structures supporting antennas, and electronic equipment that is typically installed in close proximity to a transmitter.

Private Property. Any real property not owned by the City or another public or governmental entity.

Roof Line. On buildings without a pitched roof, the roof line shall mean the top of the exterior wall elevation. On buildings with a pitched roof, roof line shall mean the ridgeline of the roof.

Roof Mounted Antenna. An antenna or series of individual antennas mounted on a roof, mechanical room or penthouse of a building or structure.

Stealth Facilities. Wireless facilities, including transmission antennas, support equipment, equipment buildings and structures, that have been designed to be compatible with the natural setting and surrounding structures, that camouflage or conceal the presence of antennas, towers or equipment, and that have been certified as “Stealth Facilities” by the Planning Commission.

Structure height. The vertical distance of a transmission facility measured from its base at grade to the top of the facility, including any attached antenna. If the facility is on a slope, the height shall be measured from the average elevation point to the top of the structure.

Structure approved for co-location. A structure approved by the Planning Commission with space for co-location as per 11-6-410(d)(6).

Tower. A free-standing structure, such as a monopole tower, lattice tower, or guyed tower, that is used as a support structure for antenna(s).

Wall Mounted Antenna. An antenna or series of individual antennas mounted on the vertical wall of a building or structure.

Wireless Facility(ies). See Personal Wireless Services Facilities.

11-6-404 Applicability.

This Article applies to both commercial and private low power radio services and facilities, such as “cellular” or PCS (personal communications system) communications and paging systems. Neither the term “wireless facility” nor the requirements of this Article shall apply to the following types of communications devices, although they may be regulated by other City ordinances and policies:

1. Amateur Radio. Any tower or antenna owned and operated by an amateur radio operator licensed by the Federal Communications Commission.

2. Satellite. Any device designed for over-the-air reception of television broadcast signals, multi-channel multipoint distribution service or direct satellite service.

3. Cable. Any cable television headend or hub towers and antennas used solely for cable D. Wireless Internet broadcasting.

11-6-405 Application Requirements.

Any person desiring to develop, construct or establish a wireless facility in the City shall submit an application for site plan approval to the City in accordance with the requirements of Section 11-7-4 of this Chapter regarding Site Plans. Additional application requirements may apply as per this article as well as per 11-7-2 regarding Conditional Uses

11-6-406 Approval Process.

The application shall be reviewed by the City in accordance with its standard site plan approval process. An exception to this is when a wireless carrier applies for a facility to be collocated on a monopole or other structure that was specifically designed and approved with room for one or more collocated transmission facilities. In this case, the submission requirements will be the same, but the site plan may be approved administratively by the Community Development Director or the Director’s designee. If a transmission facility requires a conditional use permit, the review shall be in accordance with the City’s standard conditional use permit approval process. The City shall process all applications within a reasonable time and shall not unreasonably discriminate among providers of functionally equivalent services. Any decision to deny a request to place, construct, or modify wireless facilities shall be in writing and supported by substantial evidence contained in a written record.

11-6-407 Building Permits Required.

No wireless facility shall be constructed until the applicant obtains a building permit from the City. No building permit shall be issued for any project for which a site plan, amended site plan or conditional use permit is required, until the site plan, amended site plan or conditional use permit has been approved by the appropriate authority. If the design or engineering of the antenna support structure is beyond the expertise of the Building Official, the City may require third party review by an engineer selected by the City prior to the issuance of a building permit. The applicant shall pay an additional fee to cover the cost of the third party review.

11-6-408 Location and Type Priority.

1. Priority of Antenna Site Locations. Wireless facilities shall be located as unobtrusively as is reasonably possible. To accomplish this goal, the provider shall make a good faith effort to site antennas in the following order of priority:

a. Existing Structures or Stealth Facilities. First priority shall be granted to antennas located on existing structures or antennas qualifying as stealth facilities, as follows:

i. Existing Structures. Lawfully existing wireless facilities designed for collocation, buildings, structures and antenna support structures, provided that the buildings, structures or support structures are: (1) located on a wireless facility designed an approved for collocation, (2)located in a non-residential zone, or (3) located in a residential zone on property that is being used for non-residential uses (e.g. government, school or church), or (4) located in a residential zone on a property that is being used for a multi-family residential building having eight (8) or more dwelling units; or

ii. Stealth Facilities. Antennas certified as stealth facilities as set forth in this ordinance.

b. Monopoles on City-owned property. Monopoles constructed on City-owned property.

c. Monopoles on property owned by a non-City public agency. Monopoles constructed on property owned by a non-City public agency.

d. Monopoles on non-residential private property. Monopoles constructed on private property or other non-City property owned by a public agency, provided that the private property is (1) located in a non-residential zone, or (2) located in a residential zone on property that is used for a non-residential use (e.g. government, school or church). (3) Located outside of the nationally registered historic district.

e. Other. Any combination of antenna type and location other than those listed above.

2. Burden of Proof. If the applicant desires to locate antennas on a site other than the highest priority site, the applicant shall have the burden of demonstrating to the approving authority why it could not locate antennas on sites with a higher priority than the site chosen by the applicant. To do so, the applicant shall provide the following information to the approving authority:

a. Higher Priority Sites. The identity and location of any higher priority sites located within the desired service area.

b. Reason for Rejection of Higher Priority Sites. The reason(s) why the higher priority sites are not technologically, legally or economically feasible. The applicant must make a good faith effort to locate antennas on a higher priority site. The City may request information from outside sources to justify or rebut the applicant’s reasons for rejecting a higher priority site.

c. Justification for Proposed Site. Why the proposed site is essential to meet the service demands of the geographic service area and the citywide network.

3. If the applicant desires to construct a monopole, the applicant shall also submit a detailed written description of why the applicant cannot obtain coverage using existing buildings or structures or stealth facilities.

11-6-409 Permitted Uses and Locations.

1. Permitted and Conditional Uses. Wireless transmission facilities are defined in Springville Code as Class 3 Utilities. Permissions are listed in the Land use Matrix of Title 11. Certain types of facilities are listed specifically in the matrix and their respective land use classification in the table supersedes the more general classification of a Class 3 Utility. In determining whether or not to approve a conditional use permit the Planning Commission shall consider, as a minimum, the following:

a. Compatibility. Compatibility of the facility with the height, mass and design of buildings, structures and uses in the vicinity of the facility.

b. Screening. Whether the facility uses existing or proposed vegetation, topography or structures in a manner that effectively screens the facility.

c. Disguise. Whether the facility is disguised in a manner that mitigates potential negative impacts on surrounding properties.

d. Parcel Size. Whether the facility is located on a parcel of sufficient size to adequately support the facility.

e. Location on Parcel. Whether the structure is situated on the parcel in a manner that can best protect the interests of surrounding property owners, but still accommodate other appropriate uses of the parcel.

f. Location in General. Whether location or co-location of the facility on other structures in the same vicinity is practicable, without significantly affecting the antenna transmission or reception capabilities.

g. Co-location. The willingness of the applicant to allow co-location on its facility by other personal wireless services providers on such terms as are common in the industry.

h. Historic District. Monopoles are not permitted in the city’s nationally registered historic district. This district includes all properties within the district boundary as well as those properties outside the boundary with street frontage along the boundary. The boundary is:

• 400 North Street between 400 East and 400 West

• 400 East Street between 400 North and 800 South

• 800 South Street between 400 East and Main Street

• Main Street between 800 South and 400 South

• 400 South Street between Main Street and 400 West

• 400 West Street between 400 South and 400 North

2. Not Permitted Uses. The following antenna types and antenna locations are not permitted, except upon a showing of necessity (inability to achieve coverage or capacity in the service area) by the applicant, in which case they shall be considered as conditional uses:

a. Lattice Towers and Guyed Towers. Lattice towers, guyed towers, and other non-stealth towers, are not permitted in any zone. Monopoles are excepted, but only as per other sections of this Title.

b. Monopoles on Private Property in a Residential Zone. Monopoles located on residentially zoned private property, if the residentially zoned property has a residential use (as opposed to a school, church, or other non-residential use).

11-6-410 Specific Regulations by Type.

Wireless facilities are characterized by the type or location of the antenna structure. There are four general types of antenna structures contemplated by this ordinance: wall mounted antennas; roof mounted antennas; stealth facilities; and monopoles. If a particular type of antenna structure is allowed by this ordinance as a permitted or conditional use, the minimum standards for that type of antenna are as follows, unless otherwise provided in a conditional use permit:

a. Wall Mounted Antennas.

i. Maximum Height and projection. Wall mounted antennas shall not extend above the roof line of the building or structure or project more than four (4) feet from the face of the building.

ii. Setback. Wall mounted antennas shall not be located within twenty feet (20’) feet of a residential zone unless it is located on a non-residential structure as approved by this title.

iii. Mounting Options. Antennas mounted directly on existing parapet walls, penthouses, or mechanical equipment rooms are considered to be wall mounted antennas if no portion of the antenna extends above the roof line of the parapet wall, penthouse, or mechanical equipment room.

iv. Color. Wall mounted antennas, equipment and supporting structures shall be painted to match the color of the building or structure or the background against which they are most commonly seen. Antennas and the supporting structure on the building shall be architecturally compatible with the building. Whip antennas are not allowed on a wall mounted antenna structure, but may camouflaged in a stealth facility as per stealth requirements of this article.

v. Maximum Area. The total area for all wall mounted antennas and supporting structures on any one building shall not exceed five percent (5%) of any exterior wall of the building.

b. Roof Mounted Antennas.

i. Maximum Height. The maximum height of a roof mounted antenna shall be eighteen feet (18’) above the roof line of the building.

ii. Setback. Roof mounted antennas shall be setback from the exterior wall of the building or structure a distance at least equal to the height of the antenna above the roof.

iii. Mounting options. Roof mounted antennas may be mounted directly on a roof, or on top of existing penthouses or mechanical equipment rooms if the total height of the antennas do not exceed eighteen feet (18’) above the roof line of the building.

iv. Color. Roof mounted antennas, equipment and supporting structures shall be painted to match the color of the building or structure or the background against which they are most commonly seen. Antennas and supporting structures shall be architecturally compatible with the building.

c. Stealth Facilities.

i. Maximum Height. The maximum height of a stealth facility shall be eighteen feet (18’) higher than the maximum permitted structure height of the zone in which the stealth facility is located. The applicant may exceed the maximum structure height if otherwise allowed in this Chapter, or pursuant to a conditional use permit.

ii. Determination. Not every disguised or screened wireless facility qualifies as a stealth facility. Whether or not a particular facility qualifies as a stealth facility shall be decided by the Planning Commission as part of the conditional use permit approval process. In making the decision, the Commission shall consider the definition of Stealth Facilities set forth in this Article and shall consider whether the facility is disguised, blended or screened in a manner that eliminates any negative impact to surrounding properties of the wireless facility. Each stealth facility certification applies to one location only. Because of differing circumstances specific to each site, an antenna that qualifies as a stealth facility in one location may not qualify as a stealth facility in a different location. As a reference, the City will create a guide to illustrate stealth options.

d. Monopoles. If the applicant desires to construct a monopole, the applicant shall first submit a detailed written description of why the applicant cannot obtain coverage using existing buildings or structures or stealth facilities. Monopoles are not permitted in the City’s nationally registered historic district.

i. Maximum Height and Width. The maximum height of the monopole or monopole antenna shall be eighty feet (80'), although the approving body may allow an antenna or antenna support structure up to one hundred thirty-eight feet (138') in height, if the applicant demonstrates to the satisfaction of the approving body that the additional height is necessary to obtain coverage or to allow co-location, and that the applicant has taken steps to mitigate adverse effects on the surrounding neighborhood. The antenna itself shall not exceed ten feet (10') in height.

ii. Setback. Monopoles shall be set back a minimum of three hundred percent (300%) of the height of the monopole from any residential lot line, measured from the base of the monopole to the nearest residential lot line.

iii. Color. Monopoles, antennas, and related support structures shall be painted a neutral color, or a color to match the background against which they are most commonly seen.

iv. Distance from Other Monopoles. Monopoles and towers shall be located at least one-half (1/2) mile from each other. However, a new monopole with co-location space for other future or existing carriers may be permitted closer than one-half (1/2) mile to another legal nonconforming monopole that does not have any co-location space.

v. Location on Parcel. Monopoles shall be located as unobtrusively on a parcel as possible, given the location of existing structures, nearby residential areas, and service needs of the applicant. Monopoles shall not be located in a required landscaped area, buffer area or parking area.

vi. Co-Location Requirement. Every new monopole shall be designed and constructed to be of sufficient size and capacity to accommodate at least two (2) additional wireless telecommunications providers on the structure in the future. (Ord. No. 07-2021, 04/06/2021)

11-6-411 Lease Agreement.

The City has no implied obligation to lease any particular parcel of City-owned property to an applicant. The City shall enter into a standard lease agreement with the applicant for any facility built on City property. The City Administrator or designee is hereby authorized to execute the standard lease agreement on behalf of the City. The lease shall contain the condition that the site plan and/or conditional use permit must first be approved by the approving authority before the lease can take effect, and that failure to obtain such approval renders the lease null and void.

11-6-412 Safety.

a. Regulation Compliance.

i. Compliance with FCC and FAA regulations. All operators of wireless facilities shall demonstrate compliance with applicable Federal Communication Commission (FCC) and Federal Aviation Administration (FAA) regulations, including FCC radio frequency regulations, at the time of application and periodically thereafter as requested by the City. Failure to comply with the applicable regulations shall be grounds for revoking a site plan or conditional use permit approval.

ii. Other licenses and permits. The operator of every personal wireless services facility shall submit copies of all licenses and permits required by other agencies and governments with jurisdiction over the design, construction, location and operation of the facility to the City, shall maintain such licenses and permits in good standing, and shall provide evidence of renewal or extension thereof upon request by the City.

b. Monopole Safety.

i. Protection Against Climbing. Monopoles shall be protected against unauthorized climbing by removing the climbing pegs from the lower 20 feet of the monopole.

ii. Fencing. Monopoles and towers shall be fully enclosed by a minimum 6-foot tall fence or wall, as directed by the City, unless the approving authority determines that a wall or fence is not needed or appropriate for a particular site due to conditions specific to the site.

iii. Security Lighting Requirements. Monopoles and towers shall comply with the FAA requirements for lighting. As part of the conditional use permit consideration, the City may also require security lighting for the site. If security lighting is used, the lighting impact on surrounding residential areas shall be minimized by using indirect lighting, where appropriate.

c. Abandonment. The City requires the removal of all antennas and monopoles if the facility has been inoperative or out of service for more than twelve (12) consecutive months.

i. Notice. Notice to remove shall be given in writing by personal service, or by certified mail addressed to the operator’s last known address.

ii. Violation. Failure to remove the antennas and monopoles after receiving written notice to remove is a violation of the terms of this Chapter. The City may initiate criminal and/or civil legal proceeding against any person, firm, entity or corporation, whether acting as principal, agent, property owner, lessee, lessor, tenant, landlord, employee, employer or otherwise, for failure to remove antennas and monopoles in accordance with this Chapter. The City may seek a civil injunction requiring the removal of any structures on the site in accordance with this Chapter. The City may also remove such structures itself, and may bill its costs in removing the structures to the operator. Any lease agreement with the City may also stipulate failure to remove the antennas and monopoles after receiving written notice to do so pursuant to this Chapter automatically transfers ownership of the antennas, monopoles, support buildings and all other structures on the site to the City.

d. Emergency. The City shall have authority to move or alter a wireless facility in case of emergency. Before taking any such action, the City shall first notify the owner of the facility, if feasible.

11-6-413 Additional Requirements.

(1) Storage Areas and Solid Waste Receptacles. No outside storage or solid waste receptacles shall be permitted on the site.

(2) Equipment Enclosures. All electronic and other related equipment and appurtenances necessary for the operation of any wireless facility shall, whenever possible, be located within a lawfully pre-existing structure. When a new structure is required to house such equipment, the structure shall be harmonious with, and blend with, the natural features, buildings and structures surrounding such structure.

(3) Accessory Buildings. No more than three (3) accessory structures are permitted for each wireless facility’s support equipment. Freestanding accessory buildings used with a wireless facility shall not exceed three hundred twelve (312) square feet and shall comply with the setback requirements for structures in the zone in which the facility is located.

(4) Parking. The City may require a minimum of one (1) parking stall for sites containing a monopole, tower, and/or accessory buildings, if there is insufficient parking available on the site.

(5) Maintenance Requirements. All wireless facilities shall be maintained in a safe, neat and attractive manner.

(6) Landscaping. Freestanding wireless facilities that are not stealthed shall be landscaped on all sides visible from the street and from neighboring properties.

(a) Accessory Buildings are to be landscaped on all sides visible from the street and from neighboring properties with a row of evergreen trees at least six feet (6') in height spaced to create a continuous screen and spaced as per approval of the City Forester. Additionally a row of shrubs must be added around the structure in front of the trees at five (5) per twenty (20) linear feet and shall reach a height of three feet (3') within three (3) years of planting.

(b) All other freestanding facilities and support structures are, at a minimum, to be enclosed with an architecturally solid fence six feet (6') in height. Additionally a row of shrubs must be added around the structure in front of the fence at five (5) per twenty (20) linear feet and shall reach a height of three feet (3') within three (3) years of planting.

(Enacted by Ord. No. 33-2006, 12/05/2006; Ord. No. 21-2014 § 1, 08/19/2014)

Article 5 – WIND ENERGY CONVERSION SYSTEMS (WECS)

11-6-501 Purpose.

The purpose of this Article is to provide regulations for the effective construction and operation of wind energy conversion systems (WECS) in Springville City, subject to reasonable restrictions, which will preserve the public health and safety.

(Ord. No. 15-2011 § 1, 07/19/2011)

11-6-502 Permitted and Prohibited Uses.

(1) Pole mounted WECS shall be permitted in all zones excluding parcels falling within the Springville Historic District.

(2) No more than one (1) WECS shall be permitted per parcel within residential zoning districts and no more than two (2) WECS shall be permitted per parcel within a commercial or industrial zoning district.

(3) No wind energy systems shall be permitted on the roof of a structure.

(4) Commercial wind power generating facilities (windfarms) shall not be permitted.

(Ord. No. 15-2011 § 1, 07/19/2011)

11-6-503 Site and Design Requirements.

No permit shall be granted for a WECS unless the City determines that the proposed use meets all of the following criteria and any other applicable requirements:

(1) A building permit shall be required for all WECS.

(2) The owner shall submit two (2) complete sets of detailed plans and specifications for the WECS, including a site plan, a structural land and electrical design including standard drawings of the wind turbine structure, including the tower, base, and footings, completed by a registered professional engineer, licensed to do such work in the State of Utah, whose seal shall be affixed to all such drawings and plans.

(3) The owner shall submit all other information as requested by the Building Department and/or Chief Building Official.

(4) No WECS shall be connected to the power grid until Springville City Power has approved and inspected the system.

(5) The owner of the facility must sign a Net Metering Pilot Program interconnection and service agreement with Springville City Power.

(6) All engineering and electrical wiring/connections shall conform to the applicable provisions of the International Building Code and National Electric Code.

(Ord. No. 15-2011 § 1, 07/19/2011)

11-6-504 Setback Requirements.

The base of the tower shall be set back a distance no less than fifty percent (50%) of the total extended height from a property line, and one hundred ten percent (110%) of the total extended height from all overhead utility lines, neighboring dwellings, and public roads. All WECS shall be located completely within the rear yard; they shall not be located in any front or side yard. The setback shall accommodate the potential buildable area of an adjoining parcel.

(Ord. No. 15-2011 § 1, 07/19/2011)

11-6-505 Height.

(1) The height of the tower shall not exceed forty-five feet (45'). The height including the turbine and rotor blades shall not exceed fifty-five feet (55').

(2) The minimum distance between the ground and any part of the rotor blade system shall be twenty feet (20').

(Ord. No. 15-2011 § 1, 07/19/2011)

11-6-506 Safety Measures.

(1) All access doors, climbing apparatuses, or access ways to towers and electrical equipment shall remain locked and inaccessible by the public.

(2) No WECS shall be permitted that lack an automatic braking, governing, or feathering system to prevent uncontrolled rotation, over-speeding, and excessive pressure on the tower structure, rotor blades, and turbine components.

(3) Procedures for emergency shutdown of power generation units shall be established and posted prominently and permanently within three feet (3') of the meter panel.

(Ord. No. 15-2011 § 1, 07/19/2011)

11-6-507 Sound.

All WECS shall be located with relation to property lines so that the level of noise produced during any WECS operation shall not exceed sixty (60) decibels, measured at the boundaries of all of the closest parcels that are owned by a non-site owner or at any point past the property line.

(Ord. No. 15-2011 § 1, 07/19/2011)

11-6-508 Abandonment.

If a WECS is not functional, operational, or maintained for a period of one (1) year, it shall be deemed abandoned. The owner, upon notification, shall immediately dismantle and remove the wind tower and associated appurtenances and restore the site.

(Ord. No. 15-2011 § 1, 07/19/2011)

Article 6 – FLOOD DAMAGE PREVENTION ORDINANCE

11-6-601 Purpose.

The purpose of this Article is to promote the public health, safety and general welfare of the City and to minimize public and private losses due to flood conditions in specific areas of Springville City by provisions designed to:

(1) Protect human life and health;

(2) Minimize damage to public infrastructure, including but not limited to utilities, streets, and bridges that are susceptible to flooding;

(3) Minimize prolonged business interruptions caused by flooding;

(4) Minimize public expenditures on flood control projects;

(5) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the public;

(6) Protect and safeguard the welfare and safety of first responders should an emergency response be needed;

(7) Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas; and

(8) Promote notification to potential buyers of properties in a flood area.

(Ord. No 12-2020 § 2, 06/02/2020)

11-6-602 Methods for Reducing Flood Losses.

This Article applies the following methods to accomplish the purposes listed in Section 11-6-601:

(1) Restricts or prohibits land uses that are dangerous to health, safety, or property in times of flooding, or cause excessive increases in flood heights or velocities;

(2) Requires that land uses vulnerable to floods, including facilities that serve such uses, be protected against flood damage at the time of initial construction;

(3) Controls the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of floodwaters;

(4) Controls filling, grading, dredging and other developments that may increase flood damage; and

(5) Prevents or regulates the construction of flood barriers that will unnaturally divert floodwaters or may increase flood hazards to other lands.

(Ord. No 12-2020 § 2, 06/02/2020)

11-6-603 Definitions.

Unless specifically defined below, words or phrases used in this Article shall be interpreted to give them the meaning they have in common usage and to give this Article its most reasonable application. The below defined words only apply to this Article and not to any other section within this Title.

“Accessory structure” is a structure that is on the same parcel of property as a principal structure. Its use is incidental to the use of the principal structure, and the ownership of the accessory structure is the same owner as of the principal structure. An accessory structure is a nonresidential structure of low value that is used solely for the parking of vehicles and storage of tools, materials, or equipment. No human habitation is allowed within an accessory structure. This definition shall include all other specifics, definitions and exclusions contained in FEMA Policy No. 104-008-03, Floodplain Management Requirements for Agricultural Structures and Accessory Structures (February 2020), and any other pertinent local, State and Federal floodplain laws, rules and regulations.

“Addition” is any improvement that expands the enclosed footprint or increases the square footage of an existing structure. This includes lateral additions added to the side, front, or rear of a structure; vertical additions added on top of a structure; and enclosures added underneath a structure.

“Agricultural structure” is a structure used exclusively in connection with the production, harvesting, storage, raising, or drying of agricultural commodities and livestock; and “agricultural structure” specifically excludes any structure used for human habitation. This definition shall include all other specifics, definitions and exclusions contained in FEMA Policy No. 104-008-03, Floodplain Management Requirements for Agricultural Structures and Accessory Structures (February 2020), and any other pertinent local, State and Federal floodplain laws, rules and regulations.

“Alluvial fan flooding” means flooding occurring on the surface of an alluvial fan or similar landform that originates at the apex. It is characterized by high-velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths.

“Apex” means a point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.

Appurtenant Structure. See “Accessory structure.”

“Area of future-conditions flood hazard” means the land area that would be inundated by the one percent (1%) annual chance flood, based on future-conditions hydrology.

“Area of shallow flooding” means a designated AO, AH, AR/AO, or AR/AH zone on the City’s Flood Insurance Rate Map (FIRM) with a one percent (1%) or greater annual chance of flooding to an average depth of one (1') to three feet (3') where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

“Area of special flood hazard (SFHA)” is the land in the floodplain within the City subject to a one percent (1%) or greater chance of flooding in any given year. The area may be designated as Zone A on the FHBM. After detailed ratemaking has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zone A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, or V1-30, VE, or V. For purposes of these regulations, the term “special flood hazard area” is synonymous in meaning with the phrase “area of special flood hazard.”

“Area of special flood-related erosion hazard” is the land within the City that is most likely to be subject to severe flood-related erosion losses. The area may be designated as Zone E on the flood hazard boundary map (FHBM). After the detailed evaluation of the special flood-related erosion hazard area, in preparation for publication of the FIRM, Zone E may be further refined.

“Base flood” means the flood having a one percent (1%) chance of being equaled or exceeded in any given year.

“Base flood elevation (BFE)” is the water surface elevation of the one percent (1%) annual chance flood event. It is the height in relation to mean sea level expected to be reached by the waters of the base flood at pertinent points in the floodplains of coastal and riverine areas. It is also the elevation shown on the FIRM and found in the accompanying flood insurance study (FIS) for Zone A, AE, AH, A1-A30, AR, V1-V30, or VE that indicates the water surface elevation resulting from the flood that has a one percent (1%) chance of equaling or exceeding that level in any given year.

“Basement” means any area of the building having its floor subgrade (below ground level) on all sides. A walkout basement that does not require a step up to grade is not considered a basement.

“Breakaway wall” means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. Any walls below the lowest floor in a building in a V or VE Zone should give way under wind and water loads without causing collapse, displacement, or other damage to the elevated portion of the building of the supporting pilings or columns. Breakaway walls are required within V or VE Zones; they can also be used in A Zones.

Building. See “Structure.”

“Channelization” means the artificial creation, enlargement, realignment, or alteration of a stream channel’s slope, shape, or alignment. Streambank restoration may be deemed as channelization.

“Code of Federal Regulations (CFR)” is the codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the Federal Government.

“Conditional letter of map revision (CLOMR)” is FEMA’s comment on a proposed project that would, upon construction, affect the hydrologic and/or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective BFEs, and/or the SFHA. The letter does not revise an effective map; it indicates whether the project, if built as proposed, would be recognized by FEMA.

“Conditional letter of map revision based on Fill (CLOMR-F)” is FEMA’s comment on a proposed structure or property. The letter does not revise an effective map; it indicates whether the project, if built as proposed, would be removed from the floodplain.

“Crawlspace” means an under-floor space that has its interior floor area (finished or not) no more than four feet (4') from the bottom floor joist of the next higher floor elevation, designed with proper openings that equalize hydrostatic pressures of floodwater, and is not used for habitation.

“Critical facility” means a facility or building where even a slight chance of flooding is too great a threat. Typical critical facilities include hospitals, fire stations, police stations, schools, storage of critical records, assisted living and similar facilities.

“Deed restriction” refers to a clause in a deed or other recorded document that limits the future use of the property in some respect. Deed restrictions may impose a vast variety of limitations and conditions. For example, they may limit the density of buildings, dictate the types of structures that can be erected, or prevent buildings from being used for specific purposes or from being used at all.

“Detached garage” is a building that is used solely for storage of materials or vehicle parking for the housing occupants. If a detached garage is designed or used for habitation or conducting business, or has multiple stories, then the building is not considered a detached garage under the NFIP.

“Development” means any human-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, demolition, excavation or drilling operations, or storage either temporary or permanent of equipment or materials.

“Elevated building” is a non-basement building built, in the case of a building in Zones A1-30, AE, A, A99, AR, AO, AH, B, C, X and D, to have the top of the elevated floor above the ground level by means of pilings, columns (post and piers), or shear walls parallel to the flow of the water and adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of a building in Zones A1-30, AE, A, A99, AR, AO, AH, B, C, X and D, an “elevated building” also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters.

“Enclosure” refers to an enclosed walled-in area below the lowest floor of an elevated building. Enclosures below the BFE may only be used for building access, vehicle parking, and storage.

“Erosion” means the process of the gradual wearing away of land masses by wind, water, or other natural agents.

“Existing construction” or “existing structures” refers to structures for which the “start of construction” commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date.

“Existing manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before June 2, 2020.

Existing Structures. See “Existing construction.”

“Expansion to an existing manufactured home park or subdivision” means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

“FEMA” means the Federal Emergency Management Agency.

“Fill” refers to the placement of materials, such as dirt, sand, or rock to elevate a structure, property, or portion of a property above the natural elevation of the site, regardless of where the material was obtained from. The common practice of removing unsuitable material and replacing with engineered material is not considered fill if the elevations are returned to the existing conditions. Any fill placed or used prior to the area being mapped as a flood hazard area is not deemed as fill.

“Flood or flooding” means:

(1) A general and temporary condition of partial or complete inundation of normally dry land areas from:

(a) The overflow of inland or tidal waters, or

(b) The unusual and rapid accumulation or runoff of surface waters from any source;

(2) Mudslides (i.e., mudflows) that are proximately caused by flooding as defined in this Article and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current; or

(3) The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in this Article.

“Flood Insurance Manual” is the document FEMA produces twice a year and is used to write flood insurance policies underwritten by the NFIP. The document contains definitions, policy rates, coverage and limitations, application and insurance policy forms.

“Flood insurance rate map (FIRM)” means an official map of the City, on which FEMA has delineated both the SFHAs and the risk premium zones applicable to the City.

“Flood insurance study (FIS) or flood elevation study” means an examination, evaluation, and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.

“Flood opening” refers to an opening in the wall of an enclosed structure that allows floodwaters to automatically enter and exit the enclosure. See FEMA Technical Bulletin 1.

“Flood protection system” means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the area within the City subject to an SFHA and to reduce the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized, flood modifying works are those constructed in conformance with sound engineering standards. FEMA only accredits levees, both private and public, that have been certified by a professional engineer or firm in which the certification shows that the levees have met and continue to meet the minimum regulatory standards cited in Title 44, Chapter 1, Section 65.10 of the Code of Federal Regulations (44 CFR 65.10).

“Floodplain Administrator” or “Administrator” means the City Engineer, or his or her designee, who will administer and implement the provisions of this Article, the floodplain management regulations, and other appropriate sections of the NFIP Regulations and 44 CFR pertaining to floodplain management.

“Floodplain development permit” is a Springville City issued permit or document that is used for any development that occurs within an SFHA identified by FEMA. It is used to address the proposed development to ensure compliance with the floodplain management regulations.

“Floodplain management” means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, mitigation plans, and floodplain management regulations.

“Floodplain management regulations” means the City’s land use regulations, zoning ordinances, this “Flood Damage Prevention Ordinance,” subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state, federal or local laws and regulations, in any combination thereof, which provide standards for flood damage prevention and reduction.

“Floodplain or flood-prone area” means any land area susceptible to being inundated by water from any source whether or not identified by FEMA (see definition of “Flooding”).

“Floodproofing” means any combination of structural and nonstructural additions, changes, or adjustments to structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. Floodproofing can either be accomplished in the form of dry floodproofing in which the structure is watertight below the levels that need flood protection, or wet floodproofing in permanent or contingent measures applied to a structure that prevent or provide resistance to damage from flooding, while allowing floodwaters to enter the structure or area.

Floodway. See “Regulatory floodway.”

“Floodway encroachment lines” means the lines marking the limits of floodways on Federal, State, and local floodplain maps.

“Freeboard” means a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.

“Functionally dependent use” means a development that cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and repair facilities. It does not include long-term storage or related manufacturing facilities.

“Highest adjacent grade (HAG)” means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. In AO Zones, the highest adjacent grade is utilized by comparing the lowest floor elevation to that of the highest adjacent grade and the depth of the AO Zone.

“Historic structure” means any structure that is:

(1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(3) Individually listed on Utah’s inventory of historic places in states with historic reservation programs that have been approved by the Secretary of the Interior; or

(4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

(a) By an approved State program as determined by the Secretary of the Interior, or

(b) Directly by the Secretary of the Interior in states without approved programs.

“Letter of map amendment (LOMA)” means an official amendment, by letter, to an effective FIRM. A LOMA establishes a property’s location in relation to the SFHA. It is usually issued because a property or structure has been inadvertently mapped as being in the floodplain, when the property or structure is actually on natural high ground above the BFE.

“Letter of map revision (LOMR)” means FEMA’s modification or revision to an entire or portion of the effective FIRM, or flood boundary and floodway map, or both. LOMRs are generally based on the implementation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective BFEs, or the SFHA.

“Letter of map revision based on fill (LOMR-F)” means FEMA’s amendment, by letter, to an effective FIRM where fill was brought in or used to elevate a property, portion of property or structure above the BFE.

“Levee” means a manmade structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding.

“Levee system” means a flood protection system that consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.

“Lowest adjacent grade (LAG)” means the lowest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. For an existing structure, it means the lowest point where the structure and ground touch, including, but not limited to, attached garages, decks, stairs, and basement windows.

“Lowest floor” means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building’s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of 44 CFR 60.3.

“Manufactured home” means a structure, transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term “manufactured home” does not include a “recreational vehicle”; however, a manufactured home may be used for both residential and non-residential use.

“Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

“Map” means the flood hazard boundary map (FHBM) or the FIRM for the City issued by FEMA.

“Mean sea level” means, for purposes of the NFIP, the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, to which BFEs shown on the City’s FIRM are referenced.

“National Flood Insurance Program (NFIP)” is a voluntary program administered by FEMA, under the U.S. Department of Homeland Security.

“New construction” means structures for which the start of construction commenced on or after June 2, 2020, and includes any subsequent improvements to such structures. For the purposes of determining insurance rates, structures for which the “start of construction” commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures.

“New manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after June 2, 2020.

“No-rise certifications” are formal certifications signed and stamped by a professional engineer licensed to practice in the State of Utah, demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that a proposed development will not result in any increase (zero feet (0.00')) in flood levels within the City during the occurrence of a base flood event.

“Physical map revision (PMR)” is FEMA’s action whereby one (1) or more map panels are physically revised and republished.

“Recreational vehicle” means a vehicle which is:

(1) Built on a single chassis;

(2) Four hundred (400) square feet or less when measured at the largest horizontal projection;

(3) Designed to be self-propelled or permanently towable by a light duty truck; and

(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

“Regulatory floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

“Riverine” means relating to, formed by, or resembling a river (including tributaries), stream, brook, creek, etcetera, which can be intermittent or perennial.

Special Flood Hazard Area (SFHA). See “Area of special flood hazard.”

“Start of construction” (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348)) includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within one hundred eighty (180) days of the permit date. The “actual start” means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the “actual start of construction” means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

“Structure” means, for floodplain management purposes, a walled and roofed building, culvert, bridge, dam, or a gas or liquid storage tank that is principally above ground, as well as a manufactured home. “Structure,” for insurance purposes, means:

(1) A building with two (2) or more outside rigid walls and a fully secured roof, which is affixed to a permanent site;

(2) A manufactured home (“a manufactured home,” also known as a mobile home, is a structure: built on a permanent chassis, transported to its site in one (1) or more sections, and affixed to a permanent foundation); or

(3) A travel trailer without wheels built on a chassis and affixed to a permanent foundation, that is regulated under the City’s floodplain management and building ordinances or laws.

For insurance purposes, “structure” does not mean a recreational vehicle or a park trailer or other similar vehicle, except as described in subsection (3) of this definition, or a gas or liquid storage tank.

“Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred. This term also applies to structures which have incurred any damage that equals or exceeds fifty percent (50%) of the structure’s market value regardless of the actual repair work performed.

“Substantial improvement” means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. Substantial improvement shall also include any combination of repairs, reconstruction, rehabilitation, addition, or other improvement of a structure taking place within a one (1) year time frame.

“Substantial improvement” does not, however, include:

(1) Any project for improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications that have been identified by the local code enforcement official and are the minimum necessary to assure safe living conditions; or

(2) Any alteration of a historic structure, if the alteration will not preclude the structure’s continued designation as a historic structure.

“Variance” means a grant of relief from the terms of a floodplain management regulation.

“Violation” means the failure of a structure or other development to be fully compliant with the City’s floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.

“Water surface elevation” means the height, in relation to the North American Vertical Datum (NAVD) of 1988 (or other datum, where specified) of floods of various magnitudes and frequencies, such as the one percent (1%) annual chance flood event, in the floodplains of coastal or riverine areas.

“Watercourse” means the channel and banks of an identifiable water in a creek, brook, stream, river, ditch or other similar feature.

“Zone” means the different flood zones shown on the FIRM and are defined by FEMA and other applicable federal regulations. The SFHAs are labeled as Zone A, Zone AO, Zone AH, Zones A1-A30, Zone AE, Zone A99, Zone AR, Zone AR/AE, Zone AR/AO, Zone AR/A1-A30, Zone AR/A, Zone V, Zone VE, and Zones V1-V30. Moderate flood hazard areas are labeled Zone B or Zone X and are the areas between the limits of the base flood and the one-fifth percent (0.2%) annual chance (or five hundred (500) year) flood. The areas of minimal flood hazard, which are the areas outside the SFHA and higher than the elevation of the one-fifth percent (0.2%) annual chance flood, are labeled Zone C or Zone X.

(Ord. No 12-2020 § 2, 06/02/2020)

11-6-604 Lands to Which This Article Applies.

This article shall apply to all areas of special flood hazard identified by FEMA on the FIRM. Any reference in this Article to any development activities means only those development activities within the SFHA.

(Ord. No 12-2020 § 2, 06/02/2020)

11-6-605 Basis for Establishing the Areas of Special Flood Hazard.

The areas of special flood hazard are those areas identified by FEMA in a scientific and engineering report entitled, “The Flood Insurance Study for Utah County, Utah and Incorporated Areas,” dated June 19, 2020, and on the accompanying FIRMs, and any revisions thereto. All of these described documents are hereby automatically adopted by reference and declared to be a part of this Article.

(Ord. No 12-2020 § 2, 06/02/2020)

11-6-606 Establishment of Floodplain Development Permit.

A floodplain development permit shall be required to ensure conformance with the provisions of this Article.

(Ord. No 12-2020 § 2, 06/02/2020)

11-6-607 Abrogation and Greater Restrictions.

This Article is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions.

(Ord. No 12-2020 § 2, 06/02/2020)

11-6-608 Interpretation.

In the interpretation and application of this Article, all provisions shall be:

(1) Considered as minimum requirements; and

(2) Deemed neither to limit nor repeal any other powers granted under local, State and Federal laws.

(Ord. No 12-2020 § 2, 06/02/2020)

11-6-609 Duties and Responsibilities of the Floodplain Administrator.

(1) The Floodplain Administrator will perform the following duties and responsibilities:

(a) Uphold the City’s goals and the NFIP to reduce risk when possible and increase the City’s resistance to future disasters;

(b) Maintain and hold open for public inspection all records pertaining to the provisions of this Article, including the actual elevation of the lowest floor (including basement or crawlspace) of all new or substantially improved structures and any floodproofing certificates, including the data supporting such certificates;

(c) Maintain and hold open for public inspection maps that identify and locate the boundaries of the SFHAs to which this Article applies, including, but not limited to, the City’s FIRM;

(d) Review development proposals to determine whether a proposed building site, including sites designed for the placement of manufactured homes, will be reasonably safe from flooding;

(e) Review, approve, or deny all applications for floodplain development permits required by this Article;

(f) Ensure that all necessary permits have been obtained from those Federal, State, or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334 and the Endangered Species Act of 1973) from which prior approval is required;

(g) Ensure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained;

(h) Notify, in riverine situations, adjacent communities and the State Coordinating Agency, which is the Utah Division of Water Rights, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to FEMA;

(i) Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), make the necessary interpretation;

(j) When BFE data has not been provided by FEMA, obtain, review, and reasonably utilize any BFE data and floodway data available from a Federal, State, or other source including data provided by the applicant, in order to administer the provisions of this Article;

(k) Inspect all development at appropriate times during the period of construction to ensure compliance with all provisions of this Article, including proper elevation of structures;

(l) Review all permits utilizing the effective FIRMs, FIS, flood boundary and floodway map;

(m) If the project is determined or reasonably believed to cause an adverse effect on the BFE(s), boundaries of the floodplain or any insurable structures, require technical justification for the proposed development be submitted, including a CLOMR or LOMR prior to the permit approval or as a requirement of the permit; and

(n) Review plans to determine that fill placed within the SFHA shall result in no net loss of natural floodplain storage or increase in water surface elevations greater than one foot (1') during the base flood. The volume of the loss of floodwater storage due to filling in the SFHA shall be offset by providing an equal volume of flood storage by excavation or other compensatory measures at or adjacent to the development site.

(2) Zones A1-30, AE, and AH. Under the provisions of 44 CFR Chapter 1, Section 65.12 of the NFIP Regulations, the Floodplain Administrator may approve certain developments in Zones A1-30, AE, and AH on the City’s FIRM, which increases the water surface elevation of the base flood by more than one foot (1'); provided, that the developer meets the requirements of 44 CFR Section 65.12 for a conditional FIRM revision through FEMA’s CLOMR process.

(Ord. No 12-2020 § 2, 06/02/2020)

11-6-610 Requirement to Submit New Technical Data.

(1) The property owner or developer shall notify FEMA by submittal of a LOMR within six (6) months of project completion when an applicant had obtained a CLOMR from FEMA or when development altered a watercourse, modified floodplain boundaries, or modified BFE.

(2) The property owner or developer shall be responsible for preparing technical data to support the CLOMR or LOMR application and paying any processing or application fees to FEMA. The property owner or developer is responsible for submitting the CLOMR and LOMR to FEMA and shall provide all necessary data to FEMA if requested during the review process to ensure the CLOMR or LOMR is issued.

(3) The Floodplain Administrator shall be under no obligation to sign the community acknowledgement form, which is part of the CLOMR/LOMR application, until the applicant demonstrates that the project will meet or has met the requirements of this Article and all applicable State, Federal, and local laws.

(Ord. No 12-2020 § 2, 06/02/2020)

11-6-611 Permit Procedures.

(1) Application for a floodplain development permit shall be presented to the Floodplain Administrator on forms furnished by the Administrator and may include, but not be limited to:

(a) Electronic plans drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations;

(b) Electronic plans drawn to scale showing the location, dimensions, and elevation of existing and proposed structures, including the placement of manufactured homes;

(d) Elevation (in relation to mean sea level) of the lowest floor (including basement and crawlspace) of all new and substantially improved structures, if applicable;

(e) Elevation (in relation to mean sea level) to which any nonresidential structure (if applicable) shall be floodproofed, if applicable;

(f) A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure (if applicable) shall meet the floodproofing criteria of this Article and the NFIP Regulations;

(g) Description of the extent to which any watercourse or natural drainage will be altered or relocated because of proposed development, if applicable;

(h) At the City’s discretion, the City may charge a fee for issuance of floodplain development permits; and

(i) Copies of all floodplain development permits and the associated documents shall become property of the City and a permanent record.

(2) Approval or denial of a floodplain development permit by the Floodplain Administrator shall be based on all of the provisions of this Article and the following relevant factors:

(a) The danger to life and property due to flooding or erosion damage;

(b) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

(d) The compatibility of the proposed use with existing and anticipated development;

(e) The safety of access to the property in times of flood for ordinary and emergency vehicles;

(f) The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical, and water systems;

(g) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site;

(h) The necessity to the facility of a waterfront location, where applicable;

(i) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

(j) The relationship of the proposed use to the comprehensive plan for that area; and

(k) Volumetric calculations demonstrating compensatory storage for all fill activities in the floodplain.

(Ord. No 12-2020 § 2, 06/02/2020)

11-6-612 Elevation Certificates.

The City requires that the following FEMA elevation certificates be completed for:

(1) Proposed Conditions. A proposed conditions elevation certificate is required to be completed by a professional and licensed surveyor, as part of the floodplain permit package.

(2) Building Under Construction. A building under construction elevation certificate is required to be completed by a professional and licensed surveyor, after the foundation has been poured.

(3) Finished Construction. A finished construction elevation certificate is required to be completed by a professional and licensed surveyor, once the structure is completed, utilities are installed, and grading and landscaping have been completed.

(Ord. No 12-2020 § 2, 06/02/2020)

11-6-613 Watercourse Alterations.

(1) No alteration to a channel, river, stream, drainage way, or other watercourse shall diminish the flood-carrying capacity of that watercourse. The altered or relocated watercourse shall have the same or greater capacity as the original watercourse.

(2) All proposals for a watercourse alteration require submittal of a floodplain development permit. The applicant shall submit a set of plans and calculations prepared by a registered professional engineer of the proposed alteration and its effect on flows. The following information may be required, as determined by the Floodplain Administrator, as part of a floodplain development permit application for a watercourse alteration:

(a) Topographic map of the project area;

(b) A comparison of the existing and proposed channel capacity, including engineering calculations prepared by a registered professional engineer;

(c) A description of the proposed alteration extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development;

(d) Land use of adjacent properties;

(e) Description of any obstructions;

(f) Dimensions, specifications, and locations of any structures (bridges, culverts, water crossing, dams, dikes, levees, detention basins, et cetera); and

(g) Photos of the area.

(3) An applicant for a floodplain development permit for a watercourse alteration shall:

(a) Submit an application and obtain a CLOMR from FEMA;

(b) Notify adjacent property owners, the Utah Division of Water Rights – Stream Alteration Program, any other State agencies that regulate watercourse alterations, and any adjacent municipalities or government entities that may be affected by the watercourse alteration, prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Floodplain Administrator and to FEMA; and

(c) Require that maintenance is provided within the altered or relocated portion of the watercourse so that the flood-carrying capacity is not diminished.

(Ord. No 12-2020 § 2, 06/02/2020)

11-6-614 Flood Hazard Reduction.

In all areas of special flood hazards, the following provisions are required for all new construction and substantial improvements:

(1) All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

(2) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage.

(3) All new construction or substantial improvements shall be constructed with materials resistant to flood damage.

(4) All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(5) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

(6) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from the systems into floodwaters.

(7) On-site waste disposal systems shall be designed or located to avoid impairment to them or contamination from them during flooding.

(Ord. No 12-2020 § 2, 06/02/2020)

11-6-615 Temporary Structures.

All temporary structures associated with festivals, carnivals or other temporary uses placed on sites within Zones A1-30, AE, AH, AO, and A on the City’s FIRM are required to:

(1) Be on the site for fewer than thirty (30) consecutive days;

(2) Have a plan in place for the removal of the structure including a list of necessary supplies, tools, and resources needed to achieve the removal; and

(3) Be capable of being removed within twelve (12) hours.

(Ord. No 12-2020 § 2, 06/02/2020)

11-6-616 Substantial Damage.

When a structure or building has been determined as substantially damaged, any work or repair on said structure or building will be considered as substantial improvement and will be required to meet the development requirements set forth within this Article for substantial improvement.

(Ord. No 12-2020 § 2, 06/02/2020)

11-6-617 Substantial Improvement and Substantial Damage Determination.

For applications for building permits within a SFHA, to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Community Development Director, or his or her designee, shall:

(1) Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure only, not of land and building, before the start of construction of the proposed work. In the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made;

(2) Compare the cost to perform the improvement, the cost to repair a damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building or structure;

(3) Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage. The determination requires evaluation of previous permits issued for improvements and repairs;

(4) Utilize FEMA’s Substantial Improvement/Substantial Damage Desk Reference when making any determination on substantial improvement and/or substantial damage;

(5) The substantial improvement regulations apply to all of the work that is proposed as the improvement, even if multiple permits are issued. Therefore, the determination of the cost of the improvement should consider all costs of all phases of the work before issuance of the first permit; and

(6) Notify the applicant that if it is determined that the work constitutes substantial improvement or repair of substantial damage, compliance with this Article is required.

(Ord. No 12-2020 § 2, 06/02/2020)

11-6-618 Specific Standards.

In all SFHAs areas, the following provisions are required:

(1) Residential Construction. New construction and substantial improvement of any residential structure shall have the lowest floor (including basement) elevated to the BFE plus the freeboard height noted below. A registered professional engineer, architect, or land surveyor shall submit certified elevations to the Floodplain Administrator that the standards of this Article are satisfied.

(2) Residential Construction Freeboard. The lowest floor elevation for residential construction shall be built two feet (2') above the BFE or flood depth identified on the FIRM.

(3) Nonresidential Construction. New construction and substantial improvements of any commercial, industrial, or other nonresidential structure shall either have the lowest floor (including basement) elevated to the base flood level plus the freeboard height noted below, or, together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification that includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the Floodplain Administrator. If the use or occupancy of the building changes in the future to residential, then the dry floodproofing of the structure cannot be used when determining compliance of the structure to the residential construction of this Article. As such, the building will not be grandfathered into compliance and will be required to be brought into compliance with the residential construction requirements of this Article.

(4) Nonresidential Construction Freeboard. The lowest floor elevation for residential construction shall be built two feet (2') above the BFE or flood depth identified on the FIRM. The development and construction of the structure must conform to the provision in FEMA/FIA-Technical Bulletins 1, 2, 10 and 11.

(5) Nonresidential Construction Access. New development projects will be designed, to the maximum extent practicable, so nonresidential building sites, walkways, driveway, and roadways are located on land with a natural grade with an elevation not less than the BFE and with dry land access.

(6) Enclosures. New construction and substantial improvements, with fully enclosed areas below the lowest floor that are to be used solely for parking of vehicles, building access, or storage in an area other than a basement, and are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or must meet or exceed the following minimum criteria:

(a) A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided;

(b) The bottom of all openings shall be no higher than one foot (1') above grade;

(c) Openings may be equipped with screens, louvers, valves, or other coverings or devices; provided, that they permit the automatic entry and exit of floodwaters; and

(d) The development and construction of the structure must conform with the provision in FEMA/Federal Insurance Administration (FIA) Technical Bulletins 1 and 2.

(7) Enclosure Nonconversion Agreement. For any nonresidential construction that has an enclosure, a nonconversion agreement must be completed as part of the permitting process. The nonconversion agreement:

(a) Acknowledges the risk associated with this building practice;

(b) Acknowledges the use of the area that was permitted as an enclosure will be used solely for nonresidential accessory or appurtenant structures of low value whose usage is only for building access, parking or storage; and

(8) Crawlspace. New construction and substantial improvements built on a crawlspace or sub-grade (below grade) crawlspace may be permitted if the development is designed and meets or exceeds the standards found in FEMA’s Technical Bulletins 1, 2, and 11, which include but are not limited to the following:

(a) The structure must be affixed to a permanent foundation, designed and adequately anchored to resist flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Because of hydrodynamic loads, crawlspace construction is not allowed in areas with flood velocities greater than five feet (5') per second unless the design is reviewed by a qualified design professional, such as a registered architect or professional engineer.

(b) The crawlspace is an enclosed area below the BFE and, as such, must have openings that equalize hydrostatic pressures by allowing the automatic entry and exit of floodwaters. The bottom of each flood vent opening can be no more than one foot (1') above the LAG.

(c) The crawlspace enclosure must have proper openings that allow equalization of hydrostatic pressure by allowing automatic entry and exit of floodwaters. To achieve this, a minimum of one (1) square inch of flood opening is required per one (1) square foot of the enclosed area subject to flooding.

(d) Portions of the building below the BFE must be constructed with materials resistant to flood damage. This includes not only the foundation walls of the crawlspace used to elevate the building, but also any joists, insulation, piers, or other materials that extend below the BFE. Ductwork, in particular, must either be placed above the BFE or sealed from floodwaters.

(e) Any building utility systems within the crawlspace must be elevated above the BFE or designed so that floodwaters cannot enter or accumulate within the system components during flood conditions.

(f) The interior grade of a crawlspace below the BFE must not be more than two feet (2') below the LAG.

(g) The height of the below-grade crawlspace, measured from the lowest interior grade of the crawlspace floor to the bottom of the floor joist of the next higher floor, cannot exceed four feet (4') at any point.

(h) There must be an adequate drainage system that removes floodwaters from the interior area of the crawlspace. The enclosed area should be drained within a reasonable time after a flood event.

(i) Buildings with below-grade crawlspaces will have higher flood insurance premiums than buildings that have the preferred crawlspace construction, with the interior elevation at or above the LAG.

(j) Crawlspaces shall not be allowed if they are not allowed under Section 10-1-105 or any other applicable City Code provisions.

(9) Manufactured Homes.

(a) All manufactured homes to be placed within Zone A on the City’s FHBM or FIRM shall be installed using methods and practices that minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to any applicable State and City anchoring requirements for resisting wind forces.

(b) Manufactured homes that are placed or substantially improved within Zones A1-30, AH, and AE on the City’s FIRM on sites outside of a manufactured home park or subdivision; in a new manufactured home park or subdivision; in an expansion to an existing manufactured home park or subdivision; or in an existing manufactured home park or subdivision on which a manufactured home has incurred “substantial damage” as a result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the BFE, unless a higher standard option was selected, and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

(c) In A1-30, AH, AO and AE Zones, require that manufactured homes to be placed or substantially improved in an existing manufactured home park to be elevated so that the lowest floor is at or above the BFE, unless a higher standard option was selected; or the chassis is supported by reinforced piers no less than thirty-six (36) inches in height above grade and securely anchored.

(d) All manufactured homes are placed so that the bottom of the I-beam shall be at or above the BFE in zones A1-30, AH, AO, and AE on the City’s FIRM plus any applicable freeboard as established by this Article by the City and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

(10) Recreational Vehicles.

(a) Recreational vehicles placed on sites within Zones A1-30, AH, and AE on the City’s FIRM must:

(i) Be on the site for fewer than one hundred eighty (180) consecutive days;

(ii) Be fully licensed and ready for highway use; or

(iii) Meet the permit requirements of Section 11-6-611, “Permit Procedures,” and the elevation and anchoring requirements for “manufactured homes” of this section.

(b) Recreational vehicles shall comply with all applicable Springville City Code provisions, including, but not limited to, all requirements in Sections 11-6-117 and 11-6-119.

(Ord. No 12-2020 § 2, 06/02/2020)

11-6-619 Standards for Subdivision Proposals.

(1) All subdivision proposals including the placement of manufactured home parks and subdivisions shall be consistent with the provisions of this Article.

(2) All subdivision proposals including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards.

(3) All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet floodplain development permit requirements of this Article.

(4) BFE data shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions, which is greater than fifty (50) lots or five (5) acres, or whichever is lesser.

(5) All subdivision proposals including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards.

(6) All subdivision proposals including the placement of manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage.

(Ord. No 12-2020 § 2, 06/02/2020)

11-6-620 Standards for Subdivision Access.

New subdivision development proposals shall be designed, to the maximum extent practicable, so residential buildings sites, walkways, driveways, and roadways are located on land with a natural grade with elevation not less than the BFE and with dry land access.

(Ord. No 12-2020 § 2, 06/02/2020)

11-6-621 Areas of Shallow Flooding.

Areas of shallow flooding are characterized by ponding or sheet flow; therefore, the following provisions apply:

(1) All new construction and substantial improvements of residential structures shall have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the City’s FIRM plus the freeboard height described in this Section.

(2) All new construction and substantial improvements of non-residential structures shall:

(a) Have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the City’s FIRM (at least two feet (2') if no depth number is specified) plus the freeboard height described in this Section; or

(b) Together with attendant utility and sanitary facilities be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy.

(3) A registered professional engineer or architect shall submit a certification to the Floodplain Administrator that the standards of this Section are satisfied.

(4) Require within Zones AH or AO adequate drainage paths around structures on slopes, to guide floodwaters around and away from proposed structures.

(5) Shallow Flooding Freeboard. The lowest floor elevation shall be built two feet (2') above the BFE or flood depth identified on the City’s FIRM.

(Ord. No 12-2020 § 2, 06/02/2020)

11-6-622 Floodways.

Floodways located within SFHAs are extremely hazardous areas due to the velocity of floodwaters that carry debris, potential projectiles, and erosion potential; the following provisions shall apply:

(1) The base flood level shall not be increased by more than one foot (1') in the regulatory floodway on the City’s FIRM.

(2) Encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase greater than zero feet (0.00') during the occurrence of the base flood discharge.

(3) All new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this Article.

(4) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the NFIP Regulations, the City may permit encroachments within the adopted regulatory floodway that would result in an increase in BFEs; provided, that the City first applies for a conditional FIRM and floodway revision through FEMA.

(Ord. No 12-2020 § 2, 06/02/2020)

11-6-623 Properties Removed from the Floodplain by Fill.

A floodplain development permit shall not be issued for the construction of a new structure or addition to an existing structure on a property removed from the floodplain by the issuance of a FEMA letter of map revision based on fill (LOMR-F), unless such new structure, or substantial improvement or addition complies with the following:

(1) Residential Construction. The lowest floor (including basement), electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork) must be elevated to the elevation as required by the applicable sections of this Article.

(2) Nonresidential Construction. The lowest floor (including basement), electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), must be elevated to the elevation required by the applicable sections of this Article, or together with attendant utility and sanitary facilities be designed so that the structure or addition is watertight at the elevation as required by the applicable sections of this Article with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy.

(Ord. No 12-2020 § 2, 06/02/2020)

11-6-624 Warning and Disclaimer of Liability.

The degree of flood protection required by this Article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions, greater floods can and will occur and flood heights may be increased by human-made or natural causes.

This Article does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This Article shall not create liability on the part of Springville City or any official or employee thereof for any flood damages that result from reliance on this Article or any administrative decision lawfully made thereunder.

(Ord. No 12-2020 § 2, 06/02/2020)

11-6-625 Appeals and Variances.

(1) The Board of Adjustments shall hear and render a decision on appeals after a floodplain development permit has been denied and on requests for variances from the requirements of this Article.

(2) Appeals. The Board of Adjustment shall hear and render judgement on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement of administration of this Article. All appeals of a decision made by the Floodplain Administrator shall follow the Board of Adjustment appeal process found in Section 11-2-305.

(3) Variances.

(a) Variances may be issued by the Board of Adjustment for new construction, substantial improvements and for other development necessary for the conduct of functionally dependent uses; provided, that:

(i) The criteria outlined in this Section are met; and

(ii) The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

(b) General Variance Provisions.

(i) Variances shall not be issued to reduce the freeboard requirements in this Article for residential and nonresidential structures.

(ii) Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the development meets the listed requirements for a variance. As the lot size increases beyond the one-half (1/2) acre, the technical justification required for issuing the variance increases.

(iii) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

(iv) Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. The term “substantial improvement” does not include any alteration of a structure or facility listed on the National Register of Historic Places or a State Inventory of Historic Places.

(i) All variances must meet the requirements for a variance listed under Section 10-9a-702 of the Utah Code Annotated.

(ii) In addition to the requirements under Section 10-9a-702 of the Utah Code Annotated, variances shall only be issued upon a determination that:

(A) A determination that failure to grant the variance would result in “unreasonable hardship” to the applicant, as that term is defined under Section 10-9a-702 of the Utah Code Annotated;

(B) The variance is the minimum necessary, considering the flood hazard, to afford relief; and

(C) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, conflict with existing local laws or ordinances, considers the need of ingress and egress during times of floods, and does not jeopardize first responders’ health and welfare.

(d) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the BFE, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

(e) Upon consideration of the factors noted above and the intent of this Article, the Board of Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this Article.

(4) Records. The Floodplain Administrator shall maintain a record of all actions involving an appeal and shall report variances to FEMA and the Utah Division of Water Rights – Stream Alteration Program or any other applicable State agency upon issuing a variance.

(5) Any person or persons aggrieved by the decision of the Board of Adjustment may appeal such decision to the District Court as allowed under Section 10-9a-801 of the Utah Code Annotated.

(Ord. No 12-2020 § 2, 06/02/2020)

11-6-626 Noncompliance and Penalties.

(1) This Article is to be enforced pursuant to the provisions set forth herein as applicable. The City Engineer, his or her designee, and other City enforcement authorities are responsible for the enforcement of the provisions of this Article.

(2) No structures or developments including buildings, recreational vehicles, or manufactured homes or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this Article and other applicable regulations. Nothing herein shall prevent the Springville City Council from taking such lawful action as is necessary to prevent or remedy any violations.

(3) Nothing herein is intended to limit or prohibit the enforcement of the Springville City Code or other applicable laws through civil or criminal process where the City has determined that enforcement of the procedures outlined in these sections will not result in effective redress, where there have been repeated violations of the provisions of this Article, or where the severity of the violation warrants redress through civil or criminal action.

(4) Stop Work Order.

(a) Authority. Whenever the Floodplain Administrator or other City official discovers any work or activity regulated by this Article being performed in a manner contrary to the provisions of this Article, the Floodplain Administrator is authorized to issue a stop work order.

(b) Issuance. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner’s agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will be permitted to resume.

(c) Unlawful Continuance. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by local or State law including but not limited to the penalties in this section.

(5) Criminal Penalties. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this Article and other applicable regulations. Violation of the provisions of this Article by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a class B misdemeanor. Any person who violates this Article or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $1,000.00 or imprisoned for not more than one hundred eighty (180) days, or both, for each violation assessed daily, and in addition shall pay all costs and expenses involved in the case.

(6) Other Remedies – Remedies Cumulative. The City shall have such other remedies as are and as may be from time to time provided by State law or City ordinance for the violation of any provision of this Article. Remedies shall be cumulative.

(7) Nothing contained in this Section shall prevent the City from taking such other lawful action as is available and necessary to prevent or remedy any violation of this Article.

(Ord. No 12-2020 § 2, 06/02/2020)

CHAPTER 6 SUPPLEMENTARY REGULATIONS Revised 8/22 Revised 5/23

11-6-101 Intent and Purpose.

11-6-102 Yard Space for One Building Only.

11-6-103 Sale or Lease of Required Space Prohibited.

11-6-104 Accessory Building Prohibited as Living Area.

11-6-105 Outdoor Storage and Display. Revised 8/22

11-6-106 Allowed Projections into Required Yard Areas.

11-6-107 Exception to Front and Side Setback Requirements.

11-6-108 Clear View Requirements.

11-6-109 Effect of Street Plan.

11-6-110 Location of Barns.

11-6-111 Drainage.

11-6-112 Fractional Numbers.

11-6-113 Off-Street Parking. Revised 5/23

11-6-114 Motor-Vehicle Access.

11-6-115 Temporary Uses.

11-6-116 Home Occupations.

11-6-117 Recreation Vehicles and Mobile Homes Prohibited – Exceptions.

11-6-118 Moved Buildings.

11-6-119 Recreation-Vehicle Courts.

11-6-120 All Lots Shall be Improved Prior to Issuance of Building Permit.

11-6-121 Flag Lot Development.

11-6-122 Review of School Plans.

11-6-123 Manufactured Housing.

11-6-124 Tendering of Water Rights.

11-6-125 Utility Easements.

11-6-126 Bus Benches and Bus Shelters.

11-6-127 Underground Drains.

11-6-128 Environmental Impact Statement.

11-6-129 Geologic Study.

11-6-130 Protection of Creek Corridors.

11-6-131 Residential Facilities for Persons with a Disability.

11-6-132 Medical Cannabis Pharmacies and Production Establishments.

11-6-133 Residential Short-Term Rental (STR). Revised 5/23

11-6-134 Accessory Dwelling Units.

11-6-201 Purpose.

11-6-202 Application of Requirements.

11-6-203 Consideration of Exceptions.

11-6-204 Landscaping Requirements.

11-6-205 Completion of Landscape Improvements and Guarantees.

11-6-206 Maintenance of Required Landscaping.

11-6-207 Right-of-Way Park Strip Improvements.

11-6-208 Street Frontage Landscape Border.

11-6-209 Parking Lot Interior Landscaping.

11-6-210 Landscape and Fencing Transitional Buffer.

11-6-211 Transitional Buffer Fencing Requirements.

11-6-212 Landscape Transition Buffer and Fence Modifications and Waivers.

11-6-213 General Fence Requirements.

11-6-301 Purpose.

11-6-302 Scope.

11-6-303 General Design Guidelines.

11-6-304 Definitions.

11-6-305 General Provisions.

11-6-306 Prohibited Signs and Devices.

11-6-307 Handbills, Signs – Public Places and Objects.

11-6-308 Signs Allowed Without a Sign Permit.

11-6-309 Master Sign Plan for New Multi-Tenant Development.

11-6-309.A Unified Sign Agreement for On-Premises Signs.

11-6-310 Sign Permit Process.

11-6-311 Temporary Signs.

11-6-312 Sign Districts.

11-6-313 Specific Sign Regulations. Revised 8/22

11-6-314 Nonconforming Signs.

11-6-315 Enforcement.

11-6-316 Violation and Penalties.

11-6-317 Right to Appeal.

11-6-318 [Repealed]

11-6-401 Purpose.

11-6-402 Findings.

11-6-403 Definitions.

11-6-404 Applicability.

11-6-405 Application Requirements.

11-6-406 Approval Process.

11-6-407 Building Permits Required.

11-6-408 Location and Type Priority.

11-6-409 Permitted Uses and Locations.

11-6-410 Specific Regulations by Type.

11-6-411 Lease Agreement.

11-6-412 Safety.

11-6-413 Additional Requirements.

CHAPTER 6
SUPPLEMENTARY REGULATIONS Revised 8/22 Revised 5/23