Chapter 17.80
SPECIAL PROVISIONS APPLYING TO PARTICULAR USES

Sections:

17.80.010    Purpose.

Article I. Assorted Uses

17.80.020    Repealed.

17.80.030    Churches, hospitals and other religious and charitable institutions.

17.80.040    Clubs, community buildings, social halls, lodges and fraternal organizations in R districts.

17.80.050    Hospitals.

17.80.060    Dwelling groups.

17.80.070    Satellite dish antennas.

17.80.080    Golf courses.

17.80.090    Swimming pools or tanks, private.

17.80.100    Swimming clubs.

17.80.110    Shooting clubs, private or public.

17.80.120    Drive-in theaters.

17.80.130    Retail sales for guests only.

17.80.140    Service stations.

17.80.150    Public utility substations.

17.80.160    Dwellings.

17.80.170    Fence.

17.80.180    Fence height requirements.

17.80.190    Fence building permit.

17.80.200    Water supply and sewage disposal.

17.80.210    Grading and construction.

17.80.220    Residential facility for persons with a disability.

17.80.230    Residential facility for elderly persons.

17.80.240    Recreational vehicles.

17.80.250    Recreational vehicle parks.

17.80.260    Residential landscaping requirements.

17.80.265    Model homes.

Article II. Wireless Telecommunications Facilities

17.80.270    Purpose.

17.80.280    Definitions.

17.80.290    Permitted uses.

17.80.300    Conditional uses.

17.80.310    Yard requirements.

17.80.320    Wall-mounted antennas.

17.80.330    Roof-mounted antennas.

17.80.340    Whip antennas.

17.80.350    Additional conditional use requirements.

17.80.360    Lighting and security.

17.80.370    Accessory buildings.

17.80.380    Structural integrity and inspections.

17.80.390    Nonmaintained, abandoned, or obsolete facilities.

17.80.400    Amateur radio facilities, towers and equipment.

17.80.410    Collocation.

17.80.420    Access to facility.

17.80.430    Building permits.

17.80.440    Denial of request to install or construct.

17.80.010 Purpose.

The purpose of these special provisions is to avoid ambiguity by prescribing, insofar as possible, those conditions which will enable diverse land uses to be accommodated harmoniously within West Point City. [Code 2000 § 17-22-1].

Article I. Assorted Uses

17.80.020 Accessory buildings.

Repealed by Ord. 10-21-2008. [Code 2000 § 17-22-2].

17.80.030 Churches, hospitals and other religious and charitable institutions.

Churches, hospitals and other religious or charitable institutions in any R district shall be located on a parcel of not less than one acre, shall maintain a landscaped strip not less than four feet in width or a solid fence or shrubbery not less than six feet in height on all property lines abutting said R district, and shall have side yard setbacks the same as required in the abutting R district. Site plan approval shall be required. [Code 2000 § 17-22-3].

17.80.040 Clubs, community buildings, social halls, lodges and fraternal organizations in R districts.

A. All buildings shall be a minimum of 10 feet from the side lot lines and 25 feet from the rear lot line.

B. There shall be no external evidence of any incidental commercial activities nor access to any space used for such activity other than from within the building.

C. Any such use must be able to provide access without causing heavy traffic on local residential streets. [Code 2000 § 17-22-4].

17.80.050 Hospitals.

An off-street loading area for an ambulance shall be provided and shall be screened from the street and from neighboring properties. [Code 2000 § 17-22-5].

17.80.060 Dwelling groups.

A building permit for the erection of a dwelling group may be issued subject to site plan approval, provided such dwelling group conforms to all the following conditions and requirements:

A. The area of the lot on which the dwelling group is to be erected shall be at least equal to the aggregate of the lot areas otherwise required for the individual dwellings in the group.

B. No building in a dwelling group shall be closer to any lot line than the front, side or rear yard distances otherwise required in the district in which it is located. When the buildings in a dwelling group are arranged in a row, side by side, the distance between buildings shall be not less than two times the side yard requirement of the district. When the buildings in a dwelling group face a side lot line, the side yard between the front of the building and said lot line shall not be less than 30 feet. When the buildings in a dwelling group are arranged in a row, front to back, the distance between buildings shall be not less than two times the front yard requirements of the district.

C. Every dwelling in the dwelling group shall have an entrance within 60 feet of an access roadway, drive, or parking lot, and within 200 feet, measured along the route of vehicular access, of a public street.

D. Except as modified in this section, such dwelling group shall conform to all the requirements of this title for the district in which it is to be located.

E. The width of the lot on which the dwelling group is to be erected shall be at least 80 feet. The roadway or drive shall be at least 20 feet in width. The erection of a dwelling group shall be a planned development from the beginning, clear of existing buildings, except an existing building may be included as one of the group when authorized by the planning commission. [Code 2000 § 17-22-6].

17.80.070 Satellite dish antennas.

Satellite dish antennas are permitted in all zones in accordance with the following:

A. Antennas over one meter (39.37 inches) in diameter shall not be placed in any front yard in a residential area and shall not be over 15 feet in height.

B. Antennas over two meters (78.74 inches) in diameter shall not be placed in any front yard in a commercial area and shall not be over 15 feet in height. [Code 2000 § 17-22-7].

17.80.080 Golf courses.

A. Golf courses shall have a minimum of nine holes and not less than 1,000 yards from tee to green for said nine holes.

B. No green shall be closer than 50 feet from any adjoining property line.

C. Retail business facilities and vending machines may be permitted when designed to be used exclusively and specifically as a necessary adjunct to or in connection with or incidental to the main function and operation of any such golf course facility.

D. The establishment of any such golf course facility and/or operation of any business whatsoever necessary or incidental thereto shall be granted only after being approved by the city council of West Point City upon the prior consideration, study, and report of the city planning commission and subsequent licensing by the city.

E. Any structure or building erected upon and in connection with any such golf course facility shall be in harmony with and complementary to the adjacent territory and shall comply with all building code regulations.

F. No structure shall be closer than 50 feet from any street or adjoining property.

G. No accessory structure shall be permitted in excess of 35 feet in height.

H. The area to be used for such golf course facility shall be of sufficient size to accommodate all such proposed facility together with off-street parking adequate to accommodate the needs of the facility in accordance with the provisions of Chapter 17.85 WPCC.

I. A solid wall or substantial fence may be required around any part of the entire golf course to a height of not less than six feet.

1. The fence across the front of the property, if a solid wall, is to be constructed at the required front setback line of the district.

2. No fencing shall be permitted in excess of 35 feet in height.

J. Golf driving ranges shall be located only on arterial or collector streets, or on a connecting facility approved by the planning commission. Floodlights used to illuminate the premises shall be so directed and shielded as not to be an annoyance to any developed residential property. The golf driving platform shall be not less than 200 feet from an adjacent residential district. [Code 2000 § 17-22-8].

17.80.090 Swimming pools or tanks, private.

No swimming pool or tank shall be allowed in any R district except as an accessory use and unless it complies with the following conditions and requirements:

A. The pool or tank is intended and is to be used solely for the enjoyment of the occupants and guests of the principal use of the property on which it is located.

B. It may not be located closer than five feet to any property line.

C. The swimming pool or tank shall be walled or fenced to at least six feet in height, to prevent uncontrolled access by children from adjacent properties. [Ord. 05-07-2019A § 2].

17.80.100 Swimming clubs.

Upon securing a conditional use permit in accordance with Chapter 17.70 WPCC, a swimming club may be located in any R district. Any such club shall comply with the following conditions:

A. The site shall be not less than 20,000 square feet.

B. The club shall be a nonprofit membership organization designed to serve the needs of residents of the general vicinity of the club’s location.

C. The pool shall conform to the regulations of West Point City, the Utah State Board of Health, and to such further conditions as shall in the opinion of the planning commission be necessary to protect the peace and quiet of adjoining residents.

D. Off-street parking shall be adequate to accommodate the cars of those members who will normally drive to the club and to fulfill the requirements of Chapter 17.85 WPCC. [Code 2000 § 17-22-10].

17.80.110 Shooting clubs, private or public.

An outdoor shooting club or range may be located not less than one-half mile from any developed residential, commercial, or industrial area, or place of public assembly. A conditional use permit for an indoor or outdoor shooting club may be granted to be in force for one year only, and may be renewed, subject to continued compliance with the above requirements, for subsequent one-year periods. [Code 2000 § 17-22-11].

17.80.120 Drive-in theaters.

A. A solid fence or masonry wall with a minimum height of six feet shall be constructed on all sides.

B. Driveways and parking areas shall be provided with a properly maintained dustless surface.

C. Off-street storage lanes for automobiles awaiting entrance to the theater shall have a capacity of at least 15 percent of the number of automobile parking spaces provided inside the theater.

D. Minimum area for a theater shall be computed at the rate of four acres per screen at the theater.

E. All screens shall be set back not less than 100 feet from any street or thoroughfare. [Code 2000 § 17-22-12].

17.80.130 Retail sales for guests only.

Community buildings, private clubs, lodges, social or recreational establishments located in R districts may engage in retail sales for guests only; provided, that:

A. There shall be no external evidence of any commercial activity nor any access to any space used for commercial activity other than from within the building.

B. There shall be no harm to adjacent residential development due to excessive traffic generation or noise or other circumstances. [Code 2000 § 17-22-13].

17.80.140 Service stations.

A. When service stations are conditional uses, they shall be permitted only where:

1. They do not break the continuity of retail store frontage for pedestrians.

2. They do not impose a nuisance on residences or other surrounding uses.

3. Their egress and ingress do not create traffic hazards or undue traffic congestion.

B. Pump islands for all service stations shall be located so that vehicles serviced or awaiting service shall not block any public sidewalk or driveway. [Code 2000 § 17-22-14].

17.80.150 Public utility substations.

Public utility substations shall be conditional uses in all R districts and shall be screened from neighboring uses with a masonry wall, solid board fence, or shrubbery as required by the planning commission. Public utility substations may be allowed with less than the required lot area, width and yards for the zone in which located. [Code 2000 § 17-22-15].

17.80.160 Dwellings.

A. The real property and the dwellings thereon shall be held in common ownership and taxed as real property.

B. Dwellings must be at least 20 feet wide.

C. Dwellings shall be attached to a foundation in accordance with plans prepared by a registered engineer providing for vertical loads, uplift, and lateral forces and frost protection in compliance with the International Building Code.

D. Dwellings shall be permanently connected to and approved for all required utilities. [Code 2000 § 17-22-16].

17.80.170 Fence.

A tangible barrier or obstruction of any material with the purpose or intent or having the effect of preventing passage or view across the fence line. It includes hedges and walls. Agricultural fencing will not be allowed in the front yard in any residential zones. Agricultural fencing includes rope; string; wire product including but not limited to chicken wire, hog wire, wire fabric, and similar welded or woven wire fabrics; chain; netting; corrugated metal panels; galvanized sheet metal; plywood; fiberglass panels in any fence or materials that are not manufactured specifically as fencing materials. Exceptions may be granted by the planning commission. [Ord. 12-19-2017A § 1; Code 2000 § 17-22-17].

17.80.180 Fence height requirements.

A. No fence or other similar structure shall be erected in any required front yard of a dwelling to a height in excess of four feet; nor shall any fence or other similar structure be erected in any side or rear yard to a height in excess of six feet.

B. On corner lots, the following restrictions shall apply:

1. No solid fence, shrubs, or other obstructions to view between the heights of two and seven feet shall be allowed within the triangular area at the corner formed by measuring a distance of 40 feet along both lot lines back from the point of intersection of said lines. This area shall be known as the “clear vision triangle.”

2. Where a rear yard borders a street, creating a corner lot, no solid fence, shrubs, or other obstructions to view between the heights of two and seven feet shall be allowed within the triangular area at the corner formed by measuring a distance of 20 feet along both lot lines back from the point of intersection of said lines. This area shall be known as the “clear vision triangle.”

C. Where a rear yard borders the front yard of an adjacent lot, provisions shall be made to provide a clear view for driveways. No solid fence, shrubs, or other obstructions to view between the heights of two and seven feet shall be allowed within the triangular area bounded by lines drawn from a point on the centerline of the driveway set back 15 feet from the front property line, to points along the front property line 30 feet either side of the centerline of the driveway.

D. Lawn trees are permitted but must be planted at least 15 feet back from the street line as measured to the point of the tree nearest the street line. Trees planted closer than 15 feet from the street line shall be pruned at least seven feet above the established grade of the curb.

E. Where a fence is erected upon a retaining wall, or for other reasons there is a difference in the elevation of the surface of the land on either side of a fence, the height of the fence shall be measured from a point halfway between the top of the retaining wall and the land on the lower side or from the average elevation of the surface of the land on either side of a fence, but nothing herein contained shall be construed to restrict a fence to less than four feet in height measured from the surface of the land on the side having the highest elevation.

F. On public property when it is determined to be necessary for public safety, a fence no higher than six feet may be erected in a yard bordering a street or front yard of an adjoining lot; provided, that:

1. The fence is constructed of materials that do not create a barrier to vision, i.e., chain link.

2. The fence is not constructed on any portion of a public right-of-way.

3. The planning commission makes the determination that the fence is necessary for the public safety. [Ord. 10-01-2013 § 2].

17.80.190 Fence building permit.

A. A fence permit application is required for any fence erected within West Point City. There is no fee for this permit.

B. A building permit is required for a fence which exceeds six feet in height or a fence made of masonry or concrete of any height because they are considered structures under the International Building Code. The application for a permit must include a drawing of the site indicating the location and height of the proposed fence. If the wall is of masonry or concrete, construction details showing horizontal and vertical reinforcement need to be shown on the plan submitted. The design and construction must, at a minimum and subject to the building inspector’s approval, meet relevant standards set forth in the International Building Code. [Ord. 10-01-2013 § 2].

17.80.200 Water supply and sewage disposal.

If an approved public water or sewer system is within 300 feet of a proposed building lot or development, it must be connected to the public water or sewer system. Domestic water supply and sewage disposal shall comply with the county board of health requirements as represented by a certificate of approval from said board of health in all applications for a building permit where either an approved supply of piped water under pressure or a sewer is not available. [Code 2000 § 17-22-19].

17.80.210 Grading and construction.

Extractions from deposits on the earth of rocks, stone, gravel, sand, soil, minerals or building or construction materials are permitted in any district, subject to the conditions set forth below. All other deposits or extractions shall be subject to a conditional use permit as set forth in Chapter 17.70 WPCC.

A. Excavations for the foundations or basement of a building or swimming pool for which a zoning certificate and a building permit have been issued, or deposits on the earth of any building or construction materials to be used in a structure for which a building permit has been issued.

B. Grading of any parcel of land for a permitted use where no bank of over eight feet in height is left standing and exposed or when less than 1,000 cubic yards of material are removed from or deposited on said parcel.

C. Grading in a subdivision which has been approved by the city in accordance with the West Point City subdivision ordinance and any other applicable ordinances. [Code 2000 § 17-22-20].

17.80.220 Residential facility for persons with a disability.

A. Any residential facility for persons with a disability shall meet all municipal building, safety and health ordinances applicable to similar dwellings.

B. Residential facilities for persons with a disability shall be reasonably dispersed throughout the municipality. [Code 2000 § 17-22-21].

17.80.230 Residential facility for elderly persons.

A. Any residential facility for elderly persons in a zone wherein such facilities are a permitted use shall meet the following requirements:

1. Meet all municipal building, safety, zoning, and health ordinances applicable to similar dwellings;

2. Have adequate off-street parking space provided;

3. Be capable of use as a residential facility for elderly persons without structural or landscaping alterations that would change the structure’s residential character;

4. No residential facility for elderly persons shall be established within three-fourths mile of another residential facility for elderly persons or residential facility for persons with a disability as defined in WPCC 17.10.020, Definitions;

5. No person being treated for alcoholism or drug abuse shall be placed in a residential facility for elderly persons; and

6. Placement in a residential facility for elderly persons shall be on a strictly voluntary basis and not part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional facility.

The use granted and permitted by this subsection is nontransferable and terminates if the structure is devoted to a use other than as a residential facility for elderly persons, or if the structure fails to comply with the requirements.

B. Any residential facility for elderly persons in a zone wherein such facilities are a conditional use shall meet the following requirements:

1. Meet all the requirements of subsection (A) of this section.

2. The minimum site development standards for a residential facility for elderly persons shall be the same as those required for a single-family dwelling in the zone in which the facility is to be located.

3. No more than two individuals shall occupy a bedroom in such a facility.

4. A double-occupant bedroom in such a facility shall provide a minimum floor area of 120 square feet.

5. A single-occupant bedroom in such a facility shall provide a minimum floor area of 100 square feet.

6. All required setback areas not occupied by buildings or parking shall be landscaped and properly maintained.

The use granted and permitted by this subsection is nontransferable and terminates if the structure is devoted to a use other than as a residential facility for elderly persons, or if the structure fails to comply with the requirements. [Code 2000 § 17-22-22].

17.80.240 Recreational vehicles.

A. No recreational vehicle shall be located, placed, used, or occupied for residential purposes in West Point City except within approved and licensed recreational vehicle parks.

B. Recreational vehicles may be stored, but not used for living quarters, anywhere within the city in accordance with the following provisions:

1. Two recreational vehicles may be placed within a structure lawfully existing on the premises; or

2. One recreational vehicle may be placed on a lot in an R district; provided, that on corner lots it shall not be located within 10 feet of the side property line adjacent to the street; and provided, that it shall not be used for residential purposes.

C. Unlawful parking of boats and trailers – see WPCC 10.05.050(L). [Code 2000 § 17-22-23].

17.80.250 Recreational vehicle parks.

A. Recreational vehicle parks are a conditional use in the C-C general commercial district.

B. The development of a recreational vehicle park shall conform to the following standards and requirements:

1. No recreational vehicle park shall be used by one individual recreational vehicle for more than 30 consecutive days, nor shall any space be rented or leased to any one individual for a period longer than 30 days.

2. The design shall meet all applicable standards and requirements of this title and other regulations of West Point City, Davis County, and the state of Utah.

3. The design has the written approval of the Davis County health department.

4. The developer shall provide a guarantee of all improvements to include recreation areas and facilities, landscaping, streets, and utilities as required by the subdivision ordinance.

5. The site shall be in one ownership.

6. The site shall be adjacent to a major street.

7. All entrances and exits from the recreational vehicle park shall be by forward motion only.

8. No entrance or exit from a recreational vehicle park shall be through a residentially developed area.

9. All recreational vehicle spaces or pads shall be set back at least 20 feet from any public street.

10. All one-way roadways shall be at least 12 feet in width and all two-way roadways at least 20 feet in width, and all roadways shall be hard-surfaced.

11. All areas within the park which are not hard-surfaced, including the 20-foot setback space, shall be landscaped and maintained with lawns, trees, and shrubs designed to provide privacy and noise containment, and shall be equipped with adequate sprinkling devices as determined by the city.

12. In a recreational vehicle park, the number of spaces shall be limited to 20 units per acre. The spaces may be clustered; provided, that the total number of units does not exceed the number permitted on one acre, multiplied by the number of acres in the development. The remaining land not contained in individual spaces, roads or parking shall be set aside and developed as park, playground, or service areas for the common use and enjoyment of occupants of the development and visitors thereto.

13. Each recreational vehicle space shall be at least 20 feet in width and at least 30 feet in length for spaces planned to have the recreational vehicle and a towing vehicle park side by side; and at least 15 feet in width and at least 45 feet in length for spaces planned as drive-through spaces in which the towing vehicle parks in front of the recreational vehicle. Drive-through spaces are recommended whenever the size and shape of the property permits this design.

14. All storage and solid waste receptacles must be housed in a closed structure compatible in design and construction to the character of the park.

15. The service buildings shall be constructed to standard commercial practice and kept in good repair as approved by the building inspector.

16. Off-street and off-roadway parking spaces shall be provided for visitors at the rate of one such space for each two recreational vehicle spaces in the recreational vehicle park; such spaces shall have a minimum width of 10 feet and a minimum length of 20 feet and may be grouped in appropriate locations.

17. A minimum of two-tenths foot candles of light shall be required for protective yard lighting the full length of all streets, sidewalks, and central parking areas.

18. Storm drainage facilities shall be so constructed as to protect those who will reside in the park as well as adjacent property owners by ensuring rapid drainage and preventing accumulation of pools of water.

19. One manufactured home may be allowed in a recreational vehicle park if used as the residence of the park manager.

C. Every recreational vehicle park shall provide utility service to every recreational vehicle stand as required by West Point City ordinances and as required by the planning commission.

D. For recreational vehicle parks, adequate and reasonable guarantees must be provided as determined by the planning commission for permanent retention of open space and for the maintenance of roadways, storage facilities, service facilities, and landscaping resulting from the application of these regulations. Guarantees may be in the form of a bond or a mortgage on real estate or in other form to be determined by the planning commission, which form must be approved by the city council and city attorney.

E. The owner shall establish and appoint a park manager. The manager shall be a resident of the park and shall be authorized to receive, process, and represent fully the interests of the owner in respect to management and maintenance of the park.

F. No recreational vehicle park shall be operated in West Point City until an annual business license has been obtained from West Point City.

G. The premises on which any recreational vehicle park is located shall be maintained in a clean, orderly and sanitary condition. The accumulation of any rubbish, waste, weeds, or other unsightly material thereon shall constitute a nuisance and a violation of this title. The city council may, after inspection by the inspector, cancel the license to operate the park if the inspection reveals that maintenance does not conform to required standards. [Code 2000 § 17-22-24].

17.80.260 Residential landscaping requirements.

Landscaping on residential lots shall comply with the following standards:

A. Landscaping shall be installed in front yards on the entire width of the lot including park strips but excluding the driveway. On corner lots, landscaping shall be installed in all areas between the side line of the house between the front property line and the rear property line which are visible from the public right-of-way.

B. Landscaping shall include a combination of lawn, shrubs, ground cover, or trees. Ground cover may include vegetative vines, low-spreading shrubs, or annual or perennial flowering or foliage plants. Ground cover may also include mineral or nonliving organic permeable material. Mineral ground cover may include such materials as rocks, boulders, gravel, or brick over sand.

C. Residential dwelling lots shall have no more than 30 percent of ground cover (excluding driveways and lawn).

D. On lots over one-half acre in size, landscaping shall only be required on 100 feet of street frontage to the depth of the front yard setback.

E. Said landscaping shall be completed within one year from the date of occupancy of the residence or within one year of removal of landscaping.

F. If more than 30 percent ground cover is desired (excluding driveways and lawn), approval must be given by the planning commission. If the applicant does not agree with the commission’s decision, the applicant can appeal to the city council. [Ord. 12-05-2017C § 1; Code 2000 § 17-22-26].

17.80.265 Model homes.

A. A conditional use permit granted by the planning commission shall be required for all model homes.

B. A model home cannot operate prior to that building having received a certificate of final occupancy from the building inspector.

C. Model homes must be removed when the subdivision is more than 80 percent occupied or has been occupied for three years, whichever comes first.

1. The planning commission may grant a six-month extension as they see fit.

D. Adequate off-street parking must be provided on site. Three parking stalls must be provided.

E. An exterior lighting and signage plan must be submitted.

1. There shall be no more than one sign located on the property of any model home.

2. At a model home, flags, banners, or other temporary signs are not allowed.

3. National flags shall be allowed as in all residential zones.

F. A model home shall not be used as a general real estate office or construction management office, and shall never be utilized as a meeting place for more individuals than parking is available on site.

G. Full landscaping must be installed prior to occupying the building as a model home. The community development director may grant one six-month extension for weather-related reasons.

H. A model home shall not operate before 8:00 a.m. and never after 8:00 p.m. [Ord. 04-01-2008 § 1. Code 2000 § 17-22-27].

Article II. Wireless Telecommunications Facilities

17.80.270 Purpose.

The purpose of this article is to address planning issues resulting from the rapid growth and demand for low power radio services. This article distinguishes low power radio from other broadcasting-type telecommunications technologies and establishes provisions relating to demand, visual mitigation, noise, engineering, residential impact, health, safety and facility placement. [Code 2000 § 17-22-25.1].

17.80.280 Definitions.

“Abandonment,” in this article, shall mean the discontinued use of a telecommunications facility.

“Antenna” means a device used in telecommunications that radiates or captures radio signals.

“Business user” means a user of wireless telecommunications transmission as direct communication for business purpose and not profiting from the use of their telecommunications equipment or service.

“Collocation,” in this article, shall mean the reasonable sharing of tower space by more than one user or provider of a wireless telecommunications service.

“Commercial provider” means a company or individual who provides equipment used primarily for transmission, reception, or transfer of voice or data through radio waves or wireless transmissions, who receives remuneration for such service.

“Facility” means the same as a “telecommunications lot or site.”

“Government user” means a political entity or any division or subdivision of any level of official government who uses wireless telecommunications for transmission, reception, or transfer of either voice or data communications.

“Height,” in this article, shall mean the vertical distance from ground level of the object being measured.

“Lattice tower” means a self-supporting multiple-sided, open steel framed structure used to support telecommunications equipment.

“Low power radio service facility” means an unmanned structure that consists of equipment used primarily for the transmission, reception, or transfer of voice or data through radio wave or wireless transmissions. Such facilities typically require the construction of transmission support structures to which antenna equipment attaches.

“Monopole” means a single cylindrical steel or wood pole that acts as the support structure for antennas.

“Multi-location,” in this article, shall mean the same and have the same requirements as collocation.

“Noncommercial user” means a company or individual who legally uses wireless telecommunications for services or communication purposes that receives no remuneration for such services.

“Nonmaintained,” in this article, shall mean the physical, technical, aesthetic, or structural deterioration of the facility, to include any tower, antenna, apparatus, building, grounds, or equipment that is in disrepair or in need of maintenance.

“Obsolete,” in this article, shall mean technically outdated telecommunications equipment.

“Roof-mounted antenna” means an antenna or series of individual antennas mounted on a roof, mechanical room, or penthouse of a building.

“Telecommunications lot or site,” for purposes of this article, is that area set aside for construction and placement of telecommunications equipment, including any building towers, antennas, or other apparatus not housed in a residential or business building. A lot set aside for telecommunications equipment and tower may differ from the official recorded piece of property and will include any required equipment, accessories, or fenced area.

“Wall-mounted antenna” means an antenna or series of individual antennas mounted against the vertical wall of a building.

“Whip antenna, flexible” means an antenna that is cylindrical in shape and flexible in construction.

“Whip antenna, vertical” means an antenna that is cylindrical in shape and rigid in vertical construction.

“Width,” in this article, shall mean horizontal measurement of the object being measured whether by side, circumference, or diameter. [Code 2000 § 17-22-25.2].

17.80.290 Permitted uses.

A. Lattice or monopole towers are permitted in C-C zones; provided, that they comply with all requirements of this chapter.

B. Roof- or wall-mounted antennas in C-C zones. [Code 2000 § 17-22-25.3].

17.80.300 Conditional uses.

A. Lattice or monopole towers in C-C zones.

B. Monopole towers on public property in all residential zones.

C. Roof-mounted or wall-mounted antennas in C-C zones.

D. Towers that use a generator in all zones.

E. Roof-mounted antennas for commercial providers and business users. [Code 2000 § 17-22-25.4].

17.80.310 Yard requirements.

All telecommunications towers shall be located on the lot so that the distance from the base of the tower to any adjoining residential zone or any residential structure is a minimum of 100 percent of the proposed tower height with an additional 10-foot buffer. The total distance of the tower base from the residential zone or structure shall be no less than 100 percent of the tower height plus 10 feet. Towers that use generators shall at no time have an acoustic reading that exceeds 65 decibels (reference: U.S. EPA (1974) 11.4 and 24 CFR 51 Housing and Urban Development).

No towers shall be permitted in the required front yard in any zoning district and shall not be located in a required landscape area or required parking area. Towers located on vacant lots shall have a minimum front yard setback of 25 feet in all zoning districts. [Code 2000 § 17-22-25.5].

17.80.320 Wall-mounted antennas.

Wall-mounted antennas may not extend above the wall line of the building or extend more than four feet horizontally from the face of the building. The supporting structure and equipment 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 structures on buildings shall be architecturally compatible with the building. [Code 2000 § 17-22-25.6].

17.80.330 Roof-mounted antennas.

The support structure for roof-mounted antennas may not extend more than 25 feet above the highest point of the roof. The antenna may not extend more than 15 feet above the support structure. Support structures extending less than 25 feet above the highest point of the roof, plus the mounted antenna length, may not exceed 40 feet above the highest point of the roof. [Code 2000 § 17-22-25.7].

17.80.340 Whip antennas.

Flexible whip antennas are not allowed in any zone. [Code 2000 § 17-22-25.8].

17.80.350 Additional conditional use requirements.

Along with conditional use standards the following shall be considered by the planning commission:

A. Compatibility. Whether the proposed structure is compatible with the height and mass of existing buildings and utility structures. Height of the tower structure should be reasonable, dependent upon the structure or buildings and compatible to surrounding neighborhood.

B. Collocation. Whether collocation of the antenna on other structures in the same vicinity such as other towers, buildings, water towers, and utility poles, etc., is possible without significantly impacting antenna transmission or reception.

C. Location. The facility shall not be located in a residential area unless there is no other alternative. It is in the best interest of West Point City to make available locations owned by the city that can reasonably serve the needs of the company, the citizens and the city.

D. Negative Impacts. Whether there are any negative impacts associated with the facility that must be mitigated through screening, landscaping, height limits, or specifying construction materials and colors, etc.

E. Screening. The location in relation to existing vegetation, topography and buildings to obtain the best visual screening.

F. Spacing. Whether the spacing between monopole and lattice towers creates detrimental impacts to adjoining properties. [Code 2000 § 17-22-25.9].

17.80.360 Lighting and security.

Any lighting on towers shall meet FAA and FCC requirements. When lighting is required and permitted by the FAA or any other federal or state authority, it shall be oriented inward so as not to project onto surrounding property. All towers shall be enclosed by a six-foot chain link or opaque fence. All climbing pegs shall be removed from the lower 20 feet of the tower. [Code 2000 § 17-22-25.10].

17.80.370 Accessory buildings.

Accessory buildings to antenna structures must comply with the required setback, height and landscaping requirements of the zoning district in which they are located. They shall be compatible in design, structure and color with buildings in the surrounding neighborhood. All storage of equipment and materials must be inside an enclosed building. Storage in open areas shall not be permitted. [Code 2000 § 17-22-25.11].

17.80.380 Structural integrity and inspections.

All new towers and any modifications to existing towers shall be certified by a licensed engineer according to structural standards for antenna towers of the Electronic Industries Association (EIA). The city may require periodic inspections of telecommunications towers to ensure structural integrity. The inspections shall be conducted by a licensed engineer, and based upon the results of an inspection, the city may require repair or removal of a telecommunications tower. The expense of the inspection and/or removal of the tower shall be the responsibility of the tower owner. [Code 2000 § 17-22-25.12].

17.80.390 Nonmaintained, abandoned, or obsolete facilities.

When a facility has not been repaired or used by the owner, the person having control of, or the person receiving benefit of the structure for a period of 30 days, it will be considered abandoned. Within 60 days after notice of abandonment is given to the owner, the person having control of, or the person receiving benefit of, the facility, the antenna, the tower, all support structures, and no less than the top three feet of footing must be removed by the owner of the tower.

If the tower is not removed after the conclusion of the 60-day notice of abandonment period, the city zoning administrator is hereby authorized to cause the tower and accompanying structures deemed abandoned to be removed forthwith at the expense of the owner, agent, or person owning the facility. The city shall have the right to collect such costs as provided for in Title 10, Chapter 11, Utah Code Annotated 1953, as amended.

Obsolete antennas, towers and other equipment at the facility must be updated when it is financially feasible by the owner, the person having control of, or the person receiving benefit of the facility. [Code 2000 § 17-22-25.13].

17.80.400 Amateur radio facilities, towers and equipment.

Amateur radio facilities are governed by restrictions provided by the Federal Communications Commission (FCC), and this section shall refer to federal provisions for amateur radio operation with the exception of the following conditional uses:

To comply with reasonable standards of federal law for permitting of amateur radio tower equipment and facilities, a conditional use permit will be required if any of the following structures, buildings, facilities, or equipment are to be constructed. Applicants must present evidence of inability to operate radio equipment by exhausting all other means of operation which shall be verified by the leadership of a reputable radio group, as to be determined by the planning commission, before the following conditional uses may be permitted:

A. Height of support structure over 75 feet from the ground level.

B. Equipment, tower, or any accompanying structure or equipment placed in the front yard of any lot.

C. Amateur radio facilities and equipment in C-C zones do not require conditional use permits. [Code 2000 § 17-22-25.14].

17.80.410 Collocation.

All commercial telecommunications providers are required to collocate on existing telecommunications towers. Any commercial provider applicant who applies for a new tower structure facility must provide the planning commission with extensive evidence that they have exhausted all means possible to collocate on existing towers, or provide substantiated evidence that collocation on existing towers is contrary to engineering design and would create a substantial hardship for their business if located on any available existing tower.

Commercial telecommunications providers shall be required to provide tower space, as well as ground space where possible, or allow access through existing ground space for necessary equipment and accessories to subsequent telecommunications providers on existing towers and telecommunications lot areas. If ground space is not available, subsequent providers may have to acquire additional space from the adjacent landowner. The landowner, the present tower owner/occupant and the applicant to the tower must bargain in good faith for the use of the tower and all must respect reasonable rates for the area and the industry. [Code 2000 § 17-22-25.15].

17.80.420 Access to facility.

All telecommunications tower facilities must have reasonable access and fulfill all easement requirements necessary for construction, repair, or necessary access to the facility. [Code 2000 § 17-22-25.16].

17.80.430 Building permits.

A building permit shall be required for the construction or siting of all commercial or business use towers. [Code 2000 § 17-22-25.17].

17.80.440 Denial of request to install or construct.

Any application for construction of a wireless communication tower that is denied by any official of the city, the planning commission, or the West Point city council must be in writing and must be based on evidence with a written record of proceedings. Denial may not be based upon the grounds that radio frequency emissions from the facilities will be harmful to the environment or health of residents. FCC standards govern this application. [Code 2000 § 17-22-25.18].