Chapter 10.30 GENERAL LAND USE REGULATIONS

Chapter 10.30
GENERAL LAND USE REGULATIONS

Sections:

10.30.010 Effect of chapter.

10.30.020 Regulations for buildings and structures.

10.30.025 Second kitchen.

10.30.030 Regulations for the use of land.

10.30.035 Residential facility for persons with a disability – Assisted living facility.

10.30.040 Animals.

10.30.050 Lot and yard regulations.

10.30.060 Miscellaneous requirements and provisions.

10.30.070 Shade trees.

10.30.080 Buffer yards.

10.30.090 Agriculture protection areas.

10.30.100 Conditional uses.

10.30.010 Effect of chapter.

The regulations hereinafter set forth in this chapter are in addition to and supplement other regulations of this title. The Land Use Authority responsible for the enforcement of the provisions outlined in this chapter shall be the Land Use Administrator or his agent, unless otherwise designated in this chapter.

(A) Building Lot for Building Required. The erection of every building, except those housing public uses, public utilities, accessory and temporary uses, and those buildings used in conjunction with agriculture, parks and playgrounds, or other uses expressly exempted, shall be erected on a “building lot” that shall be designated and continuously maintained for principal buildings and their accessory buildings. Except for dwelling groups as specifically authorized in this title, not more than one dwelling structure shall occupy any one building lot.

(1) Lot and Building Addressing. Each building in the City shall display its identified address as approved by the Community Development Director or his designee. The City shall ensure all buildings post and use the legally recorded lot and address building numbers to provide effective and timely emergency response. The building or premises shall prominently display the address or lot number during construction. The following standards shall apply in numbering lots and buildings effective upon adoption of this title:

(a) Lot and building numbers on the south or east side of a street shall end with an odd number.

(b) Lot and building numbers on the north or west side of a street shall end with an even number.

(d) Lot and building numbers shall not duplicate those on adjacent parallel streets.

(e) Properties on which buildings are not readily identifiable from a street or access road may require additional identification as determined by the Community Development Director or his designee.

(f) Residential building numbers shall be at least five-inch-tall block letters. All building numbers shall be of sufficient size so as to be legible from the street or private road.

(g) Building numbers shall be of durable materials the colors of which contrast with the background material.

(h) Building numbers shall be mounted in a secure and permanent manner.

(i) Single-family and two-family building numbers shall be placed on a prominent portion of the front building facade a minimum of seven feet above the finished elevation of the ground at the front building line.

(j) Multifamily, commercial, office, industrial, or institutional building numbers shall be placed in a prominent location at the main entrance of such buildings.

(k) Identification of interior suites, apartments, units, or offices shall each be clear and in a logical numerical or alphabetical sequence.

(l) Building identification signage shall not be blocked from view by trees, shrubs, or other foliage.

(m) The Fire Marshal shall review final placement of all building identification signage and may require modified or additional signage as needed for emergency response.

(n) All multifamily buildings shall be labeled with a uniform numbering system designed to assist legibility for emergency response:

(i) Building identification signage for emergency approach to the building shall:

A. Be placed near the building corners between the top two floors and closest to roads or drive aisles;

B. Be illuminated but with sensitivity to light trespass;

C. Be capital large-lettered font;

D. Assign letters in geographic sequence and nonrepeating. For example, A through Z and AA through ZZ as needed;

E. Have the project street address number displayed on the second line in lesser font; and

F. Be legible at the distance a fire apparatus would approach the building and at least 24 inches by 24 inches in size.

(ii) Shared entrance identification for emergency approach to the entrance shall:

A. List the building letter on the first line;

B. List the building’s unit range for each floor on the proceeding lines;

C. Be legible for a pedestrian approaching the building entrance; and

D. Be placed near the shared entrance.

(iii) Unit identification labeling for emergency approach to the unit shall:

A. Be organized by the unit number assignment by floor number. For example, first floor units beginning with a “1” and second floor unit numbers beginning with a “2” and so on;

B. Not be repeated with other units within the same building; and

C. Be placed on or next to each exterior door.

(iv) Placement shall be similar to the example image below, but not construed as a requirement to match exactly.

(2) Street Signs. Street signs shall be installed at all intersections of public and/or private streets at locations specified by the City Community Development Director or his designee according to approved City standards and designs. Developers shall install all required street signs in new developments at developer’s expense; however, the City, developer, or owner may install street signs as determined by the City.

(B) Lot Coverage of Accessory Buildings, Structures, Parking Spaces. No accessory building, structure, or group of buildings or structures, excluding swimming pools, and no parking space in any residential zone shall cover more than 25 percent of the rear yard space.

(C) Maximum Height Limitations. No maximum height regulations, as stated in this title except for specified exceptions, shall apply to prevent the construction of penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the buildings, and fire or parapet walls, skylights, towers, steeples, flagpoles, chimneys, smoke stacks, water tanks, television masts, silos, or similar structures above the stated height limits; provided, that no space above the height limit shall provide additional floor space.

(D) Additional Height Allowed. Public buildings or structures and churches authorized in a zone may be erected to any height provided the building is set back from each otherwise established setback line at least one foot for each additional foot of building height above the normal height limit required for the zone in which the building is erected.

(E) Satellite Dish Antennas. For the purpose of this title, satellite dishes may be located on any residential structure or in the rear yard as accessory structures.

(F) Swimming Pools. Any structure intended for swimming, recreational bathing, or wading that is over 24* inches deep shall require a building permit. The provisions of the adopted International Residential Building Code, Appendix (G), adopted by the City Council, shall govern the design and construction of swimming pools, spas, and hot tubs.

(1) All structures intended for swimming, recreational bathing, or wading over 24 inches deep in any zone shall comply with the following conditions and requirements:

(a) It shall not be located closer than six feet from edge of water to any property line.

(b) It shall be walled or fenced to no less than 48 inches in height to prevent uncontrolled access by children from adjacent properties.

(2) Hot tubs equipped with a lockable safety cover meeting the ASTM F1346-91 requirements are exempt from the fencing requirement.

(3) Temporary Swimming Pools. Pools that do not have water pumps or heating systems and are of temporary nature shall not be left unattended. When said pool is not in use, it must be drained, and stored away from street view. If a temporary pool is left unattended with standing water, the pool shall be fenced to no less than 48 inches in height. [Ord. 21-27 § 1 (Exh. A); Ord. 21-04 § 1 (Exh. A); Ord. 17-16 § 1 (Exh. A); Ord. 15-12 § 1 (Exh. A); Ord. 11-02 § 1 (Exh. A); Ord. 10-02 § 1 (Exh. A); Ord. 09-16 § 1 (Exh. A); Ord. 09-10 § 1 (Exh. A); Ord. 08-11 § 1 (Exh. A); Ord. 08-07 § 1 (Exh. A); Ord. 06-27; Ord. 06-17; Ord. 04-04; Ord. 03-18; Ord. 03-08; Code 1971 § 10-6-010.]

* Code reviser’s note: 24 inches follows International Building Code Section R105, elected to be the standard by the City Council.

10.30.020 Regulations for buildings and structures.

Buildings or structures, where allowed, shall comply with the following regulations specific to each type of structure:

(A) Regulations for All Residential Structures.

(1) All residential structures shall be permanently affixed to the applicable property site and held in common ownership and classification and taxed as real estate.

(2) Each residential structure shall have a permanent connection to all available utilities.

(3) Any and all appendages or accessory uses, such as steps, carports, garages, storage buildings, decks, and awnings or additions and alterations, shall comply with the adopted edition of the International Residential Code.

(4) Materials shall not transition on outside corners and shall wrap around from the corner a minimum of 24 inches.

(B) Regulations for new residential construction must meet one of these two options:

(1) Option 1. All residential buildings with three or more units attached shall have the front exterior walls constructed with a minimum 75 percent of masonry. On corner lots, the street side of the structure shall have a minimum height of four vertical feet of wainscot, composed of masonry. The installation of aluminum or vinyl siding shall only be allowed on the rear of homes.

(2) Option 2. All residential buildings with three or more units attached shall have the front exterior walls constructed with a minimum 30 percent of masonry and the remainder covered in cementitious fiberboard or plank. On corner lots, the street side of the structure shall have a minimum height of four vertical feet of wainscot, composed of masonry. The installation of aluminum or vinyl siding shall only be allowed on the rear of homes.

These coverage requirements shall be calculated by first determining square footage of the total wall areas, based on measurements of the front and side elevations of the structure from foundation to top-plate line of the uppermost level, excluding openings for windows and doors, and multiplying that square footage by the applicable percentage. Homebuilders may only include masonry in these percentage requirements if clearly shown on the City-approved, stamped set of front and side elevations. Hidden areas, such as front porches, shall not qualify towards the percentage requirements; however, City staff may credit gables with masonry towards the percentage requirements.

(3) Every residential dwelling shall have a minimum fully enclosed two-car garage (attached or detached) and having at least 400 square feet in total floor area. Interior garage dimensions shall accommodate two nine-foot by 20-foot stalls uninterrupted by protrusions such as stairs, water heaters, furnaces, etc. The Building Department shall not issue a building permit for construction of residential structure(s) unless plans for such structure(s) include the garage described in this subsection.

(a) All garages on detached single-family residential dwellings shall have a minimum outside width of 20 feet (as measured from outsides of foundation).

(b) On attached dwellings, a minimum of 50 percent of the garages on each building shall have a minimum outside width of 20 feet (as measured from outsides of foundation).

(1) The U.S. Department of Housing and Urban Development inspectors shall certify all manufactured homes as meeting the National Manufactured Housing Construction and Safety Standards Act of 1974, effective June 15, 1976 (HUD Code), and any subsequent amendments thereto.

(2) Each manufactured home, with or without basement, shall be located on a site-built permanent foundation system that meets or exceeds applicable requirements of the building codes as detailed in the Guidelines for Manufactured Housing Installations. Permanent masonry or concrete perimeter enclosures shall be required and shall conform to the adopted edition of the International Residential Code as specified for foundation walls.

(3) The manufactured home, when fully installed, shall have the appearance of a site-built single-family dwelling and meet the requirements of subsections (A) and (B) of this section.

(4) Homeowners shall ensure the removal of all towing hitches and running gear, which include tongues, axles, brakes, wheels, lights, and other parts of the chassis intended only for transport.

(D) Dwellings, Two-Family Attached. Two-family attached dwelling units as defined in this title shall be subject to the following:

(1) Two-family dwelling units are only permitted as a conditional use in the PRD – planned residential zone and in an R-1 cluster subdivision, subject to the provisions of this section.

(2) One two-family dwelling unit is permitted per residential lot.

(3) Underlying Zoning Applies. Unless specifically provided otherwise in this section, two-family dwelling units are subject to the regulations for a principal building of the underlying zoning district with regard to lot standards, such as building and wall height, setbacks, yard requirements and building coverage.

(4) Minimum Lot Area. The minimum lot size for a two-family dwelling shall be that of the underlying zone district, plus an additional 3,000 square feet.

(5) Minimum Frontage. The minimum frontage for a two-family dwelling shall be that of the underlying zone district, plus an additional 20 feet.

(6) Building Code Compliance. Two-family dwelling units are subject to compliance with current building code at the time of permit approval.

(7) Two-family dwellings shall be required to have separate utility services for each unit.

(8) Nightly Rental. Neither dwelling unit may be used for nightly/weekly rental.

(9) Parking. Parking shall be provided such that each unit of a two-family dwelling is equal to that parking requirement of a single-family dwelling.

(10) Conditional Use Permit Required. A conditional use permit shall be required for a two-family dwelling unit in compliance with the standards of review set forth in this code. Applications which do not meet the minimum standards set forth herein for a minor conditional use permit and have been denied by the Zoning Administrator may be appealed to the Planning Commission for review.

(11) Occupancy. No two-family dwelling shall be occupied until the property owner has obtained a building permit and certificate of final occupancy from the city.

(12) Design Guidelines. Two-family homes shall be designed such that the structure has the appearance of a single-family dwelling from the street. To achieve this, all new two-family homes shall conform to the following design guidelines:

(a) At least one main entryway should be visible from the front of the structure.

(b) Entrances shall be visible and approaches to the front entrance of each dwelling unit should be clearly delineated by improved walkways and landscaping.

(d) Architectural elements, such as balconies, porches, overhangs, trellises, projections, awnings, insets, materials and textures shall be used to create shadow patterns that contribute to a building’s character and visual interest.

(e) Rooflines shall be broken at intervals no greater than 50 feet long by changes in height or step backs.

(E) Dwelling, Accessory. Accessory dwelling units as defined in this title shall be subject to the following:

(1) Internal, Attached, or Detached. Accessory dwelling units may be built internal to, attached to, or as a separate unit detached from the principal dwelling on a lot where a single-family dwelling exists, in accordance to the standards set forth in this section. Accessory dwelling units are allowed in the following residential zone districts: A-1, R-1, R-2, R-3, and RPC subject to the provisions of this section.

(2) Owner Occupant Requirement. Accessory dwelling units shall only be permitted when an owner occupant lives on the property within either the principal dwelling or accessory dwelling unit. Owner occupancy shall not be required when:

(a) The owner has a bona fide, temporary absence of three years or less for activities such as military service, temporary job assignments, sabbaticals, or voluntary service (indefinite periods of absence from the dwelling shall not qualify for this exception); or

(b) The owner is placed in a hospital, nursing home, assisted living facility or other similar facility that provides regular medical care, excluding retirement living facilities or communities.

(3) Deed Restriction. A lot approved for development with an accessory dwelling unit shall have a deed restriction, the form of which shall be approved by the City Attorney, filed with the county recorder’s office, indicating such owner occupied requirement of the property prior to issuance of a building permit for the accessory dwelling unit by the City. Such deed restriction shall run with the land until the accessory dwelling unit is discontinued, abandoned or revoked.

(4) One accessory dwelling unit is permitted per single-family residential lot.

(5) Underlying Zoning Applies. Unless specifically provided otherwise in this section, accessory dwelling units are subject to the regulations for a principal building of the underlying zoning district with regard to lot standards, such as building and wall height, setbacks, yard requirements and building coverage.

(a) An existing accessory structure whose setbacks do not meet the minimum requirements for a principal building may be converted into an accessory dwelling unit, but any noncomplying setbacks may not become more noncomplying.

(b) New construction for an accessory dwelling unit, not contained within the principal building, shall meet the minimum standards for accessory structures and shall meet all applicable fire separation requirements.

(6) Existing Development On Lot. A single-family dwelling shall exist on the lot or will be constructed in conjunction with the accessory dwelling unit.

(7) Minimum Lot Area. Within permissible zoning districts, the minimum lot area required for an accessory dwelling unit shall be:

(a) Internal. For accessory dwelling units located within the principal single-family dwelling, the minimum lot size shall be that of the underlying zone district.

(b) Attached. For accessory dwelling units located with an addition to the single-family dwelling, the minimum lot size shall be that of the underlying zone district.

(c) Detached. For accessory dwelling units located within a detached structure, the minimum lot size shall be 10,000 square feet.

(8) Repealed by 20-10.

(9) Separate Utility Connections. Separate utility connections shall not be permitted for internal accessory dwelling units. Owners of lots with an accessory dwelling unit shall be charged for two City utility connections, regardless of shared connection.

(10) Not a Unit of Density. Accessory dwelling units are not considered a unit of density and therefore are not included in the density calculation for residential property.

(11) Nightly Rental. Neither dwelling unit may be used for nightly/weekly rental.

(12) Home Occupations. Minor and major A home occupations in accessory dwelling units shall only be permitted for those businesses where no clientele visits are made to the property in order to maintain the residential nature of the dwelling unit.

(13) Repealed by 20-10.

(14) Repealed by 20-10.

(15) Size of Accessory Dwelling Unit.

(a) Internal accessory dwelling units (basement or attic) shall not exceed 50 percent of the gross square footage of the principal dwelling unit.

(b) Attached accessory dwelling units shall not exceed 50 percent of the gross square footage of the principal dwelling unit.

(c) Detached accessory dwelling units shall not exceed the footprint of the main dwelling or 1,500 square feet gross living area, whichever is smaller.

(d) The minimum size of an accessory dwelling unit is that size specified and required by the adopted building code of the City.

(16) Ownership. An accessory dwelling unit shall not be sold separately or subdivided from the principal dwelling unit or lot.

(17) Number of Residents. The total number of residents that may reside in an accessory dwelling unit may not exceed the number that is allowed for a “family” as defined in this code.

(18) Parking.

(a) An accessory dwelling unit that contains a studio or single bedroom shall require one additional on-site parking space.

(b) An accessory dwelling unit that contains two or more bedrooms shall require two additional on-site parking spaces. Parking may be provided in tandem for accessory unit only, when sufficient on-street parking is also available and the lot is not located within a cul-de-sac.

(19) Location of Entrance to Accessory Dwelling Unit.

(a) Internal or Attached Units. Accessory dwelling units that are internal to or attached to a principal dwelling may access from an existing entrance on a street-facing front facade of the principal dwelling. No new street-facing entrances may be added to the principal dwelling for an accessory dwelling unit unless such access is located at least 20 feet behind the front facade of the principal dwelling unit.

(b) Detached Units. Accessory dwelling units that are detached from the principal dwelling may utilize an existing street-facing facade as long as the entrance is located a minimum of 20 feet behind the front facade of the principal dwelling.

(20) Exterior Design. Accessory dwelling units shall be regulated by the following exterior design standards:

(a) Height and setbacks of accessory dwelling units shall meet the accessory building standards in subsection (F) of this section.

(21) Conditional Use Permit Required. A minor conditional use permit shall be required for an accessory dwelling unit in compliance with the standards of review set forth in this code. Applications which do not meet the minimum standards set forth herein and have been denied by the Land Use Administrator as a minor conditional use permit may be appealed to the Planning Commission for review.

(22) Building Permit. A building permit is required for the proposed accessory dwelling unit, regardless of method of creation.

(23) Occupancy. No accessory dwelling unit shall be occupied until the property owner has obtained a building permit and certificate of final occupancy from the City.

(F) Accessory Buildings and Structures.

(1) General Requirements.

(a) No accessory building may be located within a recorded easement unless authorized by the applicable easement holder through written approval.

(b) No accessory building or structure may encroach into the following: a required front yard setback as defined in the applicable zone, between the front facade of the home and a public street, and/or onto neighboring property.

(i) Except at the end of a cul-de-sac, the structure may encroach into the front yard up to five feet.

(d) No accessory building, structure, or group of buildings or structures, excluding swimming pools in any residential zone shall, in combination, cover more than 25 percent of the rear yard and side yard space.

(e) All accessory structures 200 square feet or more must maintain a distance of five feet from any structure 200 square feet or greater.

(2) Accessory buildings or structures 200 square feet or less shall comply with the following:

(a) Not larger than 200 square feet.

(i) Awnings, carports or other attached features are not considered part of the structure and shall not exceed the size of the accessory building.

(b) Not taller than 15 feet to the peak of the roof structure.

Roof Height (feet)	0+ to 10	10+ to 15
Minimum Setback (feet)	0	3

(d) May be directly adjacent to a structure 200 square feet or greater.

(3) Accessory buildings or structures greater than 200 square feet shall comply with the following requirements:

(a) Building Permit and Conditional Use Permit. Approval for a minor conditional use permit and issuance of a building permit is required prior to construction. Persons desiring to construct accessory buildings shall make application to the land use authority or designee for minor conditional use approval as outlined in SCC 10.30.100.

Application shall include the following submittals:

(i) Site plan showing location of the home, property line, setbacks, location of the proposed buildings, parking spaces, and easements.

(ii) Elevation drawings showing the roof structure, type of material, and design finish of the building, and building structure measurements.

(b) Size. Accessory building or structure shall conform to requirements of subsection (G)(1) of this section and shall not be greater in size than the footprint of the principal structure.

Roof Height (feet)	Up to 20	20+ to 25	25+ to 30
Minimum Setback (feet)	3*	5*	10

* Must be fire rated as specified in the International Residential Code.

(d) Corner Lot. Accessory buildings on corner lots shall be set back a minimum of 20 feet from the street side property line when a driveway accesses the street from the rear or side yard.

(e) Height. The height, as measured from grade of the ground to the highest point on the roof, shall not exceed the height of the primary structure unless the property is larger than one acre and in no case shall exceed 30 feet.

(f) Existing accessory structures over 200 square feet in size that have previously been built closer than five feet from the property line or existing structure over 200 square feet in size shall be deemed compliant if the following requirements are met:

(i) Owner provides documentation that a building permit was issued for the structure.

(ii) Owner provides written approval from any affected utilities, if within a utility easement.

(iii) The structure is retrofitted to become fire rated as specified by the International Residential Code. Fire rating is not required for posts on wall-less structures.

(iv) Roof eaves do not project across property lines and do not allow water to run off directly onto neighboring properties.

(4) Other Structures. Additional structures such as pergolas, green houses, awnings, carport, tents, arbors, and trellises, occur to provide outdoor spaces for relaxation and storage. The following apply to each structure type:

(a) Temporary carports, tents or similar items are often made out of metal, canvas, or other fabric material with pole support structures. All temporary enclosures of this nature shall:

(i) Be securely tethered to the ground at all times.

(ii) Not be allowed in the front yard setback or between the front facade and the street.

(iii) Be repaired, replaced or removed immediately if they fall into disrepair.

(iv) Not direct water onto neighboring properties.

(v) Not exceed 14 feet in height, measured from the highest point on the item to the ground.

(vi) No minimum setback required.

(b) Pergolas, Arbors, Trellises. The following rules shall apply to these types of structures:

(i) If attached to home, a building permit is required.

(ii) Over 200 square feet requires a building permit.

(iii) No minimum setback required.

(iv) Shall not direct water onto neighboring properties.

(v) Shall not be placed where it reduces visibility between cars and pedestrians or other cars while turning or backing out.

(d) Carports, shed roof, or similar structures which are attached to a residence are additions to the principal structure and must meet all required side, front, and rear setbacks established by the zone. Additions require a building permit. [Ord. 24-06 § 1; Ord. 23-20 § 1 (Exh. A); Ord. 22-32 § 1 (Exh. A); Ord. 22-17 § 1 (Exh. A); Ord. 20-10 § 1 (Exh. A); Ord. 20-02 § 1 (Exh. A); Ord. 19-20 § 1 (Exh. A); Ord. 18-05 § 1 (Exh. A); Ord. 18-02 § 1 (Exh. A); Ord. 17-16 § 1 (Exh. A); Ord. 14-01 § 1; Ord. 11-04 § 1; Ord. 11-02 § 1 (Exh. A); Ord. 10-02 § 1 (Exh. A); Ord. 08-07 § 1 (Exh. A); Ord. 06-27; Ord. 06-17; Ord. 04-04; Ord. 03-08; amended 1994; Code 1971 § 10-6-020.]

10.30.025 Second kitchen.

City residents shall be permitted to have a second kitchen within a single-family dwelling unit for use by the family residing within the dwelling unit for the purpose of entertaining, recreation or convenience, accessory to the first kitchen within the dwelling unit.

Approval of a second kitchen within a single-family dwelling unit shall not be an approval of a second dwelling unit or accessory dwelling unit without the required approvals for such as prescribed under SCC 10.30.020. [Ord. 15-03 § 1 (Exh. A).]

10.30.030 Regulations for the use of land.

This title allows the following uses as permitted or conditional, provided the applicants meet and comply with the regulations established herein for each specific use and provided they obtain site plan approval from the City Council, who shall act as the Land Use Authority for this section.

(A) Dwelling Groups. The Land Use Administrator shall not issue a building permit for the erection of any dwelling group unless that dwelling group conforms to all the following conditions and requirements and receives a recommendation of approval by the Planning Commission:

(1) The area of the lot, on which the dwelling group is to be located, shall be at least equal to the aggregate of the lot areas otherwise required for the individual dwellings in the group.

(2) 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 zone in which the building will be located. When the buildings in a dwelling group are arranged in a row, side by side, the distance between buildings shall not be less than two times the side yard requirement of the zone. 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 the front yard requirement for the zone. When the buildings in a dwelling group are arranged in a row, front to back, the distance between buildings shall not be less than two times the front yard requirement of the zone.

(3) 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.

(4) Except as modified in this section, such dwelling group shall conform to all requirements of this title for the zone in which it is to locate.

(5) The width of the lot on which the dwelling group is to be erected shall be at least 80 feet. The width of the roadway or drive shall be at least 20 feet. 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 within the group upon recommendation of the Planning Commission.

(B) Multifamily Dwellings. The Building Department shall not issue a building permit for the erection of any multifamily dwelling unless it conforms to all the following conditions and requirements and receives a recommendation of approval by the Planning Commission:

(1) All multiple-family dwellings shall conform to the requirements of SCC 10.30.020(B)(1) and (2).

(2) Buildings in multiple-family dwelling developments shall have a minimum 15-foot separation for single-story buildings, 20-foot separation for two-story buildings, and 25-foot separation for two and one-half stories and above buildings. Multiple-family dwellings shall be located no closer than 50 feet from any single-family or two-family dwelling.

(3) The approved site plan shall identify all trash dumpsters, utility fixtures, power transformers, and other appurtenances which shall have screens with masonry fencing, solid iron metal gates, and landscaping.

(4) Street, building, and parking illuminations within multifamily developments shall meet the following requirements. The preliminary plat or site plan review phase of the development process shall include the designation, spacing, and arrangement of all exterior lighting structures. The developer shall submit to the Planning Commission sufficient information, in the form of an overall exterior lighting plan, to enable the Planning Commission to determine compliance with all applicable provisions of this title. The exterior lighting plan shall include:

(a) The standards for ensuring that site lighting projections shall not bleed onto adjacent residential properties.

(b) Site lighting that minimizes light spill into the dark night sky.

(c) Where practical, exterior lighting installations, which include timers, dimmers, sensors, or photocell controllers, that turn the lights off during daylight hours, or hours when lighting is unnecessary, to reduce overall energy consumption and eliminate excessive lighting.

(d) Fixtures and lighting systems, used for safety and security, which shall be in good working order and maintained in a manner that serves the original design intent of the system.

(e) Vegetation and landscaping maintained in a manner that does not obstruct security lighting and minimizes possible entrapment spaces. Landscaping information shall indicate mature tree size, shrubbery, and other vegetation in order to evaluate the long-term and seasonal effectiveness of lighting or screening of lighting.

(f) The proposed location, mounting height, and aiming point of all exterior lighting fixtures.

(g) Building elevations as the principal areas of illumination, and drawings of all relevant building elevations showing the fixtures, portions of the elevations or areas intended for illumination, luminance levels of the elevations, and the aiming point for any light fixture. [Ord. 17-22 § 1 (Exh. A); Ord. 11-02 § 1 (Exh. A); Ord. 08-07 § 1 (Exh. A); Ord. 06-27; Ord. 06-17; Ord. 05-12; Ord. 04-12; Ord. 03-08; Code 1971 § 10-6-030.]

10.30.035 Residential facility for persons with a disability – Assisted living facility.

(A) Residential facilities for persons with a disability are permitted uses within residential and designated commercial zones. Residential facilities for persons with a disability shall be licensed by the state of Utah and designed as a single-family residential dwelling unit and occupied on a 24-hour-per-day basis by residents requiring protected living arrangements and/or assistance with daily living activities. Requests for reasonable accommodation from any provision of this code for a residential facility for persons with a disability shall be administered as provided in SCC 10.20.115.

(B) Compliance and Licensure.

(1) The applicant shall obtain and maintain all licenses from the state of Utah to operate a group home facility and provide the City with proof of such license(s) with its application. The applicant must verify compliance with all applicable requirements, regulations, and standards of the State of Utah Department of Health. All facilities shall be in conformance with applicable building and fire codes, as well as applicable local, state and federal laws.

(C) In an assisted living facility or similar elderly residential facilities, placement shall be on a strictly voluntary basis and not part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional or mental institution. [Ord. 17-22 § 2 (Exh. A).]

10.30.040 Animals.

(A) Animal Clinics. Such facilities shall require soundproof walls, if a part of a larger commercial building, and receive site plan approval. Clinics utilizing single-tenant buildings shall locate no closer than 100 feet from any residential dwelling unless it also incorporates soundproof walls.

(B) Animal Hospitals. Such facilities shall receive site plan approval and locate no closer than 200 feet from any residential dwelling.

(1) Animals taken outside the building to the exercise runs shall have continuous supervision by an employee of the facility.

(2) Hospitals shall be no closer than 200 feet to any adjacent primary structure, constructed with soundproof walls, and comply with SCC 10.30.080 for buffer yards.

(3) The lot size requirement for such facilities shall be no less than one acre.

(4) The property shall provide one-half of a parking space for each animal housed at the facility.

(5) Site plan shall include means for controlling dust, odor, and insects for the outdoor exercise runs, location of all existing and proposed structures, utilities, and landscaping.

(1) Definitions.

“Adequate fencing” means, at a minimum, mesh, barbed wire, chain link, rail, or post fencing or metal fence panels.

“Farm animal keeping” means the keeping of animals or fowl, such as commonly used for food or fiber production or as a beast of burden, for recreational pleasure.

“Farm industry” means, generally, all phases of farm operation including, but not necessarily limited to, the keeping and raising of farm animals and/or fowl for domestic or commercial use, e.g., fur farms, livestock feed yards, pig farms, dairy farms, and similar uses as well as any accessory uses thereto, except commercial slaughter.

“Livestock” means domesticated cattle, sheep, goats, turkeys, swine, equines, camelidae, ratites, bison, elk, or any domesticated nonhuman vertebrate creature, domestic furbearer, or domestic poultry, raised, kept, or used for agricultural purposes.

(2) Farm Animal Keeping. In residential and agricultural zones where permitted, farm animals and fowl may be kept for family use outside the dwelling. All animal keeping guidelines shall be in accordance with the provisions as outlined in this section. All farm animals and fowl shall be kept within the subject property unless under direct supervision and control of the property owner or designee. The number of animals or fowl permitted shall be governed by the following schedule except that dependent young may be kept in addition to these numbers:

(a) A-1 Agriculture and R-1 Residential Zones with Lots Containing a Minimum of 21,780 Square Feet. In zones where farm animal keeping is a permitted use, each lot containing a minimum of 21,780 square feet shall have an allocation of 40 points with an additional accrual of one point for each 1,089 square feet thereafter.

[Example, using schedule below: A lot size of 21,780 square feet would have an allocation of 40 points which would allow one horse for 20 points and two goats for 10 points each or two horses for 20 points each.]

With lots containing 21,780 square feet, farm animals may be kept; provided, that all pens, barns, coops, stables, corrals, and other similar enclosing structures to keep animals or fowl shall be not less than 25 feet from dwellings on adjacent lots, not less than 10 feet from a dwelling on the same lot, and not less than 75 feet from a public street, except on corner lots where such structures shall be not less than 25 feet from a public street.

(b) A-1 Agriculture and R-1 Residential Zones with Lots Containing a Minimum of 10,890 Square Feet. In zones where farm animal keeping is a permitted use, each lot containing a minimum of 10,890 square feet shall have an allocation of 12 points with an additional accrual of one point for each 1,361 square feet thereafter.

[Example, using schedule below: A lot size of 10,890 square feet would have an allocation of 12 points which would allow one goat for 10 points and one rabbit for two points or two turkeys for five points each and a pigeon for two points.]

With lots containing a minimum of 10,890 square feet with and less than 21,780 square feet, farm animals may be kept; provided, that all pens, barns, coops, stables, corrals, and other similar enclosing structures to keep animals or fowl shall be not less than 25 feet from dwellings on adjacent lots, not less than 10 feet from a dwelling on the same lot, and not less than 75 feet from a public street, except on corner lots where such structures shall be not less than 25 feet from a public street.

Square footage = 43,560 x (lot size in acreage)

Example: 1/4 (0.25) acre lot

43,560 x (0.25) = 10,890 square feet

(d) Farm animals shall have points assigned to them based on the following groups:

(i)	Large animals such as horses, llamas, emus, ostriches or cows	20 points each
(ii)	Medium animals such as sheep or goats	10 points each
(iii)	Large fowl such as turkey or geese	Five points each
(iv)	Small fowl such as pheasant, pigeons, ducks or hens	Two points each
(v)	Small animals such as rabbits or pygmy goats	Two points each
(vi)	Pigs (provided their pens are at least 200 feet from neighboring dwellings)	100 points each

Exception 1: This provision shall not apply to certified breeds of potbellied pigs with the North American Potbellied Pig Association.

Exception 2: In zones where farm animal keeping is a permitted use, the point total shall not include the counting of the first six hens or six rabbits, or a combination of both not exceeding six.

(e) Animal owners shall contain animal waste runoff water from paddocks or stables so as not to contaminate residential water resources, public rights-of-way, or adjacent properties.

(f) In residential and agriculture zones, harvesting of livestock and noncommercial slaughter shall be conducted within the rear yard of the lot or in an enclosed building in an area not visible from the street or neighboring properties and shall be done in accordance with accepted animal husbandry practices or customary farming practices.

(g) Notwithstanding any other provision to the contrary in the Syracuse Municipal Code, farm industry and farm animal keeping are not subject to nuisance ordinance enforcement by the City on the basis of noise or odor if all of the following apply:

(i) Farm industry or farm animal keeping has occurred on the subject property for greater than two years and has been maintained without an interruption of greater than three years;

(ii) The subject property complies with the requirements of this title, as amended, or any noncompliance has been determined to be a legal nonconforming use or legal noncomplying structure pursuant to Chapter 10.25 SCC; and

(iii) The subject property operates in compliance with sound agricultural practices.

(h) Syracuse City refers to state code for additional laws regulating animal cruelty. See Chapter 6.35 SCC for reference to the Davis County animal control ordinance.

(D) Commercial Dog Kennel Regulations. Commercial facilities for overnight boarding, day care, or breeding of dogs are considered commercial kennels. Dog grooming facilities are not considered kennels for the purpose of this title.

(1) Agricultural kennels shall:

(a) Only be permitted in the A-1 (Agriculture) Zone;

(b) Ensure that pens, runs, shelters, or similar structures – including the primary dwelling, if applicable – be at least 200 feet from all neighboring and abutting dwellings;

(d) Have frontage on an arterial road or Utah State Highway as classified in the Syracuse City Master Transportation Plan;

(e) Maintain proof of Davis County Animal Care licensing and vaccination records including distemper, parvovirus, DHPP, and rabies for all dogs four months of age or older;

(f) Maintain proof of applicable kennel licensing from Davis County Animal Care, Utah State, USDA, and any other applicable regulatory bodies not addressed in this title;

(g) Be permitted to breed and sell dogs in accordance with requirements listed in subsection (D)(1)(f) of this section;

(h) Maintain a current Syracuse City business license per Chapter 5.05 SCC;

(i) Obtain a major conditional use permit per SCC 10.20.080.

(2) Fully enclosed dog boarding facilities shall:

(a) Include fully indoor recreation, feeding, and sleeping facilities;

(b) Prevent dogs from injury or escape;

(d) Maintain daily observation of dogs, checking for signs of disease, injury, or distress;

(e) Provide for proper care of any dogs which become sick or injured while being cared for at the facility within a reasonable amount of time;

(f) Be constructed of nontoxic materials;

(g) Provide sufficient heating and cooling to protect the housed dogs from extreme temperatures and provide for their health and comfort at all times;

(h) Ensure that rooms with cages or kennels for sleeping have fresh air, natural light, solid dividers to prevent physical contact by animals housed within, comfortable bedding, visual concealment spaces, and accessibility for spot cleaning;

(i) Install adequate soundproofing so a noise nuisance does not impact surrounding properties in accordance with Chapter 6.40 SCC;

(j) Only be permitted in standalone buildings;

(k) Be prohibited from breeding, animal sales, and installation or maintenance of temporary or permanent outdoor walks, runs, or kennels;

(l) Provide a minimum play area of 100 square feet per dog; and

(m) Provide a minimum sleeping area of six square feet per dog.

(E) Household Pets. Property owners may keep dogs, cats, small animals and fowl as household pets in residential zones subject to the maximum number of cats and dogs at any one residence as regulated by Davis County Municipal Code.

(F) Stables, Public.

(1) Stables shall require a minimum of four acres.

(2) The number of animals shall be no more than four per each acre of property in the stable use.

(3) The property shall provide one-half of a parking space for each animal housed at the facility.

(4) Property owners shall provide toilet facilities and shall maintain such facilities in a sanitary condition.

(5) The applicant shall submit a plan to the Land Use Authority for control of dust, odor, and insects.

(6) The applicant shall submit a site plan showing the location of all existing and proposed structures and utilities and landscaping.

(7) All utilities servicing the stable shall be underground.

(8) No stable shall be located within 200 feet of any residential dwelling unit.

(9) Public access to the facility shall be from dawn to dusk.

(10) Horse exercise areas such as working yards, walker equipment areas, or paddocks shall use dust control by means of constructed water delivery systems or chemically treated exercise surface areas.

(G) Vietnamese Potbellied Pigs. Vietnamese potbellied pigs shall be considered household pets for the purposes of this title and shall be allowed in any residential or agricultural zone subject to the following conditions:

(1) No more than two pigs may be kept per household, together with dependent young up to four months in age.

(2) The animals shall be purebred miniature Vietnamese potbellied pigs certified by the North American Potbellied Pig Association. The Land Use Authority may require proof of certification records as a condition of approval.

(3) The animals may not exceed 100 pounds in weight.

(H) Rabbits and Hens. Residents may keep rabbits and hens outside the dwelling subject to the following conditions:

(1) The residents shall have no more than six hens or six rabbits, or a combination of both not exceeding six, excluding dependent young.

(2) The animals shall be kept in pens, coops, or contained in a fenced area.

(3) All pens, coops, and cages shall be kept clean and free from objectionable odor and waste.

(4) Roosters are not permitted in any residential zones, excluding R-1 residential zone lots that have a minimum size of 21,780 square feet. [Ord. 23-18 § 1 (Exh. A); Ord. 22-28 § 1 (Exh. A); Ord. 20-33 § 1 (Exh. A); Ord. 18-25 § 1 (Exh. A); Ord. 17-22 § 1 (Exh. A); Ord. 12-03 § 1; Ord. 11-02 § 1 (Exh. A); Ord. 08-07 § 1 (Exh. A); Ord. 06-27; Ord. 06-17; Ord. 05-12; amended 1999, 1998, 1994; Code 1971 § 10-6-040.]

10.30.050 Lot and yard regulations.

(A) Lot Standards. Except as this title may otherwise permit, every lot within the City shall hav such area and width as required by the zone in which the lot is located and shall have frontage upon a dedicated or public street before the Land Use Administrator may issue a building permit.

(B) Lots Fronting on Arterial and Collector Streets. Residential lots fronting on streets designated by the Syracuse general plan as arterial or collector streets shall have setbacks to allow for road expansion. Homes that have the main entrance fronting collector and arterial streets shall have a minimum setback of 40 feet. If the home is otherwise positioned, the setback from the collector or arterial street shall be 30 feet. Unless otherwise required in Planning Commission review, this section shall not apply to lots positioned on arterial or collector streets already improved to the designated width outlined in the City’s master transportation plan.

(C) Yard Encroachments. This title prohibits any encroachments into minimum required yard space, other than the following:

(1) Chimneys, bay windows, sills, lintels, cantilevers, or other ornamental features may project not more than 24 inches into required front, rear, and side yard spaces, provided they are not more than 16 feet in width. This title prohibits side yard encroachments within cluster subdivisions with side yard setbacks less than seven feet, and in no instance shall the side yard distance between two primary structures be less than 10 feet.

(2) Unsupported cornices, eaves, gutters, and terraces may project 10 feet into any required front or rear yard and only three feet into required side yards. Uncovered porches and decks may project 10 feet into any required front or rear yard.

(3) Attached covered decks and patios may encroach into rear yards provided they do not extend closer than 20 feet to the required rear yard line in all zones aside from the R-3 zone. Attached covered decks and patios may not extend closer than 10 feet to the rear property line in the R-3 zone.

(4) Fences may encroach, as provided in SCC 10.30.060(A). Signs and yard lights may encroach as provided in Chapter 10.45 SCC. Stairs and ramps may encroach up to three feet to any property line subject to compliance with SCC 10.30.060(A) and (B).

(5) Building accessories designed and intended to control light entering a building, as either a permanent or temporary part of such building, may project three feet into any required yard space provided they are fixtures on only the wall of the main building.

(6) Gasoline pump islands, where permitted, shall be set back 12 feet. Pump islands under roofs or canopies must comply with building setback requirements.

(7) Corner lots may have one yard, fronting on a street, reduced to 20 feet.

(8) In the case where a home is part of a larger planned unit development and the home is located such that there is a common property area located immediately adjacent to the rear property line of said home, then attached covered decks, patios and porches may extend into the rear yard setback up to 20 feet toward the required rear yard property line if all of the following conditions are met:

(a) The common area behind the home extends more than 30 feet beyond the rear yard property line;

(b) There is no fence, shrub or other boundary delineation along the rear property line between the property and the common area to be maintained in perpetuity;

(c) Both the home and homeowner requiring the exception are part of the homeowners’ association (or similar organization) that has ownership of the common area and the home meets all other established guidelines as set forth by the association or organization and City codes. If said conditions are not all met, then covered decks, patios, and porches shall meet the requirements as set forth in this section.

(9) Below ground, concrete, walkout basement stairs and accompanying side retaining walls may encroach into the rear or side yards up to within three feet of the property line.

(D) Yard Space for One Building Only. No required yard or other open space around an existing building, or which hereafter provides such around any building for the purpose of complying with the provisions of this title, shall be considered as providing yard or open space for any other building on the same or adjoining lot. No one shall acquire by purchase or other means the required side yards or the width of their lot by making substandard the side yards or width of any adjacent lot. No one shall sell or lease away space needed to meet the required width, yard, area, parking, or other requirements of this title for a lot or building.

(E) Unobstructed Yards – Exceptions. Every part of a required yard shall be open from the ground to the sky, unobstructed, except for the following:

(1) Accessory buildings and structures in a rear yard, as permitted.

(2) Permitted encroachments into yard spaces as set forth in subsection (C) of this section.

(3) Fences and objects of natural growth, except as stated in SCC 10.30.060(A) and (B).

(F) Reduction in Size of Lots Prohibited.

(1) No one shall cut off, place under separate deed, or sell from a larger building lot a parcel of land with less than the minimum width and/or area required by the zone in which it is located for the purpose, whether immediate or future, of building or developing as a building lot.

(2) No one shall further reduce, in any manner, a building lot or parcel of land, held under separate ownership at the time this title became effective, with less than the width, depth, or area required by this title.

(G) Installation of Landscaping. Within 18 months of final inspection and/or the issuance of a certificate of occupancy, front and side yard landscaping shall be substantially complete upon all residential lots.

(1) Water-wise landscaping is required on all lots including:

(a) No new turfgrass planted in parkstrips or areas with widths eight feet wide or less is allowed.

(b) New landscape areas less than eight feet wide shall use drip irrigation on their own irrigation zone and no overhead spray irrigation shall be allowed.

(c) Turfgrass for new yards is limited to a maximum of 35 percent of the total square footage of the front and side yards.

(d) Landscapes completely devoid of planned live vegetation are prohibited.

(e) The use of WaterSense labeled smart irrigation controllers which automatically adjust the frequency and/or duration of irrigation events in response to changing weather conditions and are equipped with automatic rain delay or rain shut-off capabilities is required. [Ord. 22-27 § 1 (Exh. A); Ord. 22-08 § 1 (Exh. A); Ord. 16-23 § 1 (Exh. A); Ord. 15-03 § 1 (Exh. A); Ord. 11-02 § 1 (Exh. A); Ord. 10-02 § 1 (Exh. A); Ord. 09-16 § 1 (Exh. A); Ord. 08-07 § 1 (Exh. A); Ord. 06-27; Ord. 06-17; Ord. 04-12; Ord. 04-06; Ord. 04-04; Ord. 03-08; amended 1991; Code 1971 § 10-6-050.]

10.30.060 Miscellaneous requirements and provisions.

(A) Height of Fences, Walls, and Hedges in Residential Zones.

(1) Rear and/or Side Yard. Fences, walls, or hedges shall not exceed six feet in height.

(2) Front Yard. Fences, walls or hedges that are solid style (less than 70 percent open) shall not exceed three feet in height and shall comply with the requirements of subsection (B) of this section. Fences, walls, or hedges that are open style (70 percent or more open) may be up to, but not to exceed, four feet in height and shall comply with the requirements of subsection (B) of this section.

(3) Corner Lot. Fences, walls or hedges shall not exceed three feet for a minimum of 10 feet from the property line when located within 10 feet to an adjacent driveway on an adjoining lot.

(4) Retaining Walls. Where a retaining wall is reasonable and necessary, located on the line separating lots, such retaining wall may include a fence, wall, or hedge on top to the same height that would otherwise be permitted if no retaining wall existed.

(B) Visibility at Intersections. Notwithstanding any provisions of this title in any district, fences, walls, signs, hedges, or other plantings may not encroach within the required clear-visibility triangle located at the intersection of two roads or the intersection of a road and a nonresidential driveway. No one shall erect, place, or plant anything or allow anything to grow in such a manner as to impede vision between a height of two and one-half feet and eight feet above centerline grades of the adjoining street centerline surface elevation. Property owners shall maintain all tree branches so that none of them are lower than eight feet in clear site triangle area. The configuration of a clear-visibility triangle is shown in Exhibit 10.30.060, and the length of each leg, measured along the curb line or edge of roadway or edge of nonresidential driveway, shall be 40 feet, or based upon applicable speed limits greater than 40 mph as per AASHTO’s “Policy on Geometric Design of Highways and Streets.”

Exhibit 10.30.060

(C) Water Supply and Sewage Disposal. If an approved public water or sewer system is within 300 feet of a proposed building lot or development, structures requiring sanitation facilities must connect to the public water or sewer system in accordance with the provisions of SCC Title 4. Existing structures shall have 90 days to connect. The Planning Commission may grant a 90-day extension upon application and evidence of a hardship on the part of the property owner. Domestic water supply and sewage disposal shall comply with the Davis 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 public sewer is not available.

(D) Outdoor Storage and Waste Disposal. No one shall store in bulk highly flammable or explosive liquids, solids, or gases above ground except in the A-1 zone. Other outdoor storage facilities for junk yards, fuel, raw materials, and products, except for agricultural products, and permitted above-grade waste disposal areas, shall be enclosed by a fence or wall at least six feet in height and impervious to sight that is adequate to conceal such facilities from adjacent properties and the street. Such wall or fence shall be constructed and maintained in such a way and of such materials as to be pleasing to the sight from the street. No one shall deposit materials or wastes upon any property in such form or manner that may allow same to transfer off such property by natural causes or forces. All materials or wastes, which might cause fumes or dust or constitute a fire hazard or may be edible by or otherwise attractive to rodents or insects, shall not be stored outdoors unless put in closed containers. No one may store junk, building materials, debris, junk vehicles, or commercial equipment in any yard or other open space except as specifically permitted herein.

(E) Field Drains and Subsurface Water. On properties where field drains exist, it shall be unlawful to impede, reduce, or in any way restrict the function and purpose of such field drain. Furthermore, it shall be the responsibility of the property owner to see that no use, building, or development on the property so affects any existing field drains.

(F) Sump Pump Discharge Regulations.

(1) Property owners shall connect sump pump discharge pipes to a City storm drain or other land drain system when available and abutting to the property unless otherwise directed by the City Engineer, except as otherwise provided in this section. The City Engineer shall review and approve connections of sump pump discharge pipes to City-owned utility systems.

(2) Dwellings and buildings may discharge sump pumps to the finished grade of the building lot for reasons of nonconnection or disconnection of a previously connected system, if the system meets all of the following provisions:

(a) The discharge pipe shall exit the building at the finished grade.

(b) The point of discharge must be a minimum of two horizontal feet from a basement foundation wall and no closer than five feet from the property line of an adjacent private property.

(c) The property owner shall ensure that the discharge flows parallel to or away from the nearest property line and shall be directed by topographical relief or pipe to drainage easements or public drainage infrastructure, such that all discharge shall be either retained entirely upon the subject premises on which the sump pump is located or discharged directly into the City storm sewer system.

(d) The discharge water and piping facilities shall not create unsafe conditions on any street, curb, or pedestrian walkway within or adjacent to the subject premises’ lot lines.

(3) Owners of dwellings and buildings who disconnect sump pumps may request to waive the provisions of this subsection upon submission to and acceptance by the City Engineer of a sump discharge system designed by a registered professional civil engineer for purposes of complying with the intent of this subsection. [Ord. 23-09 § 1 (Exh. A); Ord. 23-03 § 1 (Exh. A); Ord. 20-26 § 1 (Exh. A); Ord. 15-04 § 1 (Exh. A); Ord. 13-15 § 1; Ord. 11-02 § 1 (Exh. A); Ord. 09-09 § 1 (Exh. A); Ord. 08-07 § 1 (Exh. A); Ord. 06-27; Ord. 06-17; amended 1992, 1991; Code 1971 § 10-6-060.]

10.30.070 Shade trees.

(A) City Forester. The City Council shall designate a specific City employee to serve as the City Forester. The City Forester shall be responsible for administering the provisions of this section and the policies and recommendations of the City Council. The City Forester shall have jurisdiction and supervision of all trees and plants planted or growing in public rights-of-way or similar places within the City to ensure safety or to preserve the beauty of such public places. When authorized by proper authority, it shall be the Forester’s duty to have trees and other plants in street rights-of-way and on public property planted, trimmed, sprayed, preserved, and removed.

(B) Street Tree Species. The following list constitutes the official species of trees that property owners may plant on land lying between property lines on either side of all streets within the City. No one shall plant any other species as street trees, other than those included in this list, without written permission of the City Forester, who may approve the planting of other tree species at his discretion.

Acer griseum	Paperbark Maple	4 feet or greater parkstrip
Acer platanoides ‘Globosum’	Globe Norway Maple	4 feet or greater parkstrip
Cercis canadensis	Eastern Redbud	4 feet or greater parkstrip
Crasegue laevigata ‘Paul’s Scarlet’	Paul’s Scarlet English Hawthorn	4 feet or greater parkstrip
Crataegus x lavallei	Lavalle hawthorn	4 feet or greater parkstrip
Koelreuteria paniculata	Golden Rain Tree	4 feet or greater parkstrip
Malus ‘Dorothea’	Dorothea Crabapple	4 feet or greater parkstrip
Malus ‘Radiant’	Radiant Crabapple	4 feet or greater parkstrip
Malus ‘Snowdrift’	Snowdrift Crabapple	4 feet or greater parkstrip
Malus ‘Spring Snow’	Spring Snow Crabapple	4 feet or greater parkstrip
Malus x floribunda	Japanese Crabapple	4 feet or greater parkstrip
Prunus cerasifera ‘Thundercloud’	Thundercloud Plum	4 feet or greater parkstrip
Prunus serrulata ‘Kwanzan’	Kwanzan Cherry	4 feet or greater parkstrip
Prunus virginiana ‘Canada Red’	Canada Red Chokecherry	4 feet or greater parkstrip
Pyrus calleryana ‘Chanticleer’	Callery Pear	4 feet or greater parkstrip
Pyrus calleryana ‘Cleveland Select’	Cleveland Select Pear	4 feet or greater parkstrip
Acer campestre	Field Maple	6 feet or greater parkstrip
Acer ‘Keithsform’	Norwegian Sunset Maple	6 feet or greater parkstrip
Acer negundo ‘Sensation’	Sensation Box Elder Maple	6 feet or greater parkstrip
Acer ‘Warrenred’	Pacific Sunset Maple	6 feet or greater parkstrip
Aesculus carnea	Red Horsechestnut	6 feet or greater parkstrip
Cleditsia triacanthos inermis ‘Impcole’	Imperial Honeylocust	6 feet or greater parkstrip
Sophora japonica	Japanese Pagoda	6 feet or greater parkstrip
Sorbus aucuparia	European Mountain Ash	6 feet or greater parkstrip
Acer platanoides	Norway Maple	10 feet or greater parkstrip
Acer pseudoplatanus ‘Tunpetti’	Regal Petticoat Maple	10 feet or greater parkstrip
Aesculus hippocastanum	European Horsechestnut	10 feet or greater parkstrip
Celtis occidentalis	Hackberry	10 feet or greater parkstrip
Fagus sylvatica	European Beech	10 feet or greater parkstrip
Ginkgo biloba	Ginkgo	10 feet or greater parkstrip
Gleditsia triacanthos inermis ‘Shademaster’	Shademaster Honeylocust	10 feet or greater parkstrip
Gleditsia triacanthos inermis ‘Skycole’	Skyline Honeylocust	10 feet or greater parkstrip
Gleditsia triacanthos inermis ‘Suncole’	Sunburst Honeylocust	10 feet or greater parkstrip
Morus alba ‘Fruitless’	Fruitless Mulberry	10 feet or greater parkstrip
Platanus x acerifolia ‘Bloodgood’	Bloodgood London Planetree	10 feet or greater parkstrip
Quercus alba	White Oak	10 feet or greater parkstrip
Quercus macrocarpa	Bur Oak	10 feet or greater parkstrip
Quercus robur	English Oak	10 feet or greater parkstrip
Tilia cordata	Greenspire Linden	10 feet or greater parkstrip
Tilia tomentosa	Silverleaf Linden	10 feet or greater parkstrip
Ulmus americana ‘New Harmony’	New harmony Elm	10 feet or greater parkstrip
Ulmus parvifolia	Lacebark Elm	10 feet or greater parkstrip
Zelkova serrata	Japanese Zelcova	10 feet or greater parkstrip

(C) Spacing. The spacing of street trees will be in accordance with the three species size classes listed above, and no one may plant trees closer together than the following: small trees, 20 feet; medium trees, 30 feet; and large trees, 40 feet; except that special plantings designed or approved by a landscape architect are exempt from these spacing requirements.

(D) Distance from Curb and Sidewalk. The distance trees may be planted from curbs or curb lines and sidewalks will be in accordance with the three species size classes listed above, and no one may plant trees closer to any curb or sidewalk than the following: small trees, two feet; medium trees, three feet; and large trees, four feet.

(E) Distance from Street Corners and Fire Hydrants. No one may plant a street tree closer than 35 feet from any street corner, measured from the point of nearest intersecting curbs or curb lines. No one may plant a street tree closer than 10 feet from any fire hydrant.

(F) Utilities. No one may plant street trees, other than those species listed as small trees, under or within 10 lateral feet of any overhead utility wire or over or within five lateral feet of any underground water line, sewer line, or other utility, excluding gas and transmission lines.

(G) Public Tree Care. The City shall have the right to plant, prune, maintain, and remove trees, plants, and shrubs within the lines of all streets and public grounds as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds and may require property owners to do the same.

(H) Removal of Trees. The City, through its City Forester, shall condemn and remove or order the removal of any tree, tree stump, shrub, or plant upon any public street or public property within this City where the same is dead, diseased, or deemed, for any reason, a nuisance or is not in compliance with adopted ordinances. The City, through its City Forester, shall have authority to condemn and remove, or order the removal of, any tree, tree stump, shrub, or plant upon private property when the City Forester finds such action necessary for public safety, to prevent the spread of disease or insects, or to prevent the upheaval of any public street, curb, or sidewalk. The City Forester shall have the authority, after exercising due diligence, to notify abutting property owners to remove or order the removal of any tree, shrub, or plant upon any public right-of-way or on any public property in violation of this section or any other ordinance. The City Forester shall have the authority to report any violations of this section to the City Council for its action. Trees, shrubs, or plants removed under the provisions of this title shall be so removed at the property owner’s expense or at the expense of the abutting property owner if said plants are in the street right-of-way.

(I) Tree Topping. It shall be unlawful as a normal practice for any person, firm, or City department to top any street tree, park tree, or other tree on public property. The definition of “topping” is the severe cutting back of limbs to stubs larger than three inches in diameter within the tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical, may be exempt from this section at the determination of the City Tree Board.

(J) Pruning – Corner Clearance. Every owner of any tree overhanging any street or right-of-way within the City shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a minimum clear space of 13.5 feet above the surface of the street and a minimum clear space of seven feet above the surface of the sidewalk. Said owners shall remove all unhealthy, dead, diseased, or dangerous trees or tree limbs that constitute a menace to the safety of the public or prevent the City from maintaining City sidewalks, curbs, or streets. The City shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a street light or interferes with visibility of any traffic control device, traffic sign, or street maintenance equipment.

(K) Willful Injury to Trees. No person shall willfully injure or destroy any tree on public streets, public parks, or other public property of the City by any means including, but not limited to, the following:

(1) Constructing a concrete, asphalt, brick, or gravel sidewalk or otherwise filling up the ground area around any tree so as to shut off air or water from the roots, except under written authority from the City Forester.

(2) Piling building material, equipment, or other substance around any tree so as to cause injury.

(3) Pouring any injurious matter on or around any tree or on the ground around it or on any lawn or sidewalk.

(4) Injuring any tree, tree stake, or guard with any vehicle or animal or in any other manner causing injury to any tree or lawn or public property.

(L) Removal of Stumps. All stumps of street and park trees shall be removed below the surface of the ground so the top of the stump shall not project above the surface of the ground. [Ord. 24-16 § 1; Ord. 23-32 § 1 (Exh. A); Ord. 11-02 § 1 (Exh. A); Ord. 08-11 § 1 (Exh. A); Ord. 08-07 § 1 (Exh. A); Ord. 06-27; Ord. 06-17; amended 2000, 1997; Code 1971 § 10-6-070.]

10.30.080 Buffer yards.

(A) Purpose. A buffer yard is a landscaped area between different land uses that is designed to reduce or eliminate nuisances such as dust, litter, noise, glare, unsightly areas, odor, and danger from fire or explosions.

(B) Location of Buffer Yards. Buffer yards shall be located on the outer perimeter of a lot or parcel adjacent to a different use and shall extend along the entire boundary of the property adjacent to that use. Fencing associated with buffer yards shall be located on property lines except as described in subsection (G) of this section.

yard required between two adjacent parcels or between a parcel and a street, the following procedure shall apply:

(1) Identify the land use category of the existing land uses found in Table 1. The Planning Commission may determine the land use category if it is not clearly described in Table 1.

(2) Determine the buffer yard type required for the proposed development by using Table 2. The Planning Commission may determine the buffer type if it is not clearly described in Table 2.

(3) Using Table 3, identify the description of the required buffer type. The Planning Commission may make a recommendation to alter, include, or exclude elements within the applicable buffer type after evaluating the adjacent current and future land uses as designated by current zoning and/or the general plan. Any alteration to the standard buffer yard requirements shall be approved by the City Council.

(D) Use of Buffer Yards. The buffer yard may be used to provide for passive recreation and may contain pedestrian, bike, or equestrian trails; provided, that:

(1) The buffer yard does not eliminate any plant material;

(2) Provisions are in place to ensure maintenance of the total width of the buffer yard; and

(3) All other requirements of this title are met. In no event, however, shall buffer yards contain the following uses: ice skating rinks, play fields, ski hills, stables, swimming pools, and tennis courts.

(E) Ownership of Buffer Yards. Buffer yards may remain in the ownership of the original developer of the land use or be subject to deed restrictions and subsequently freely conveyed, or the proprietor may transfer ownership to any consenting grantees, such as adjoining land owners or homeowners’ association, or deed the same to the City; provided, that any such conveyance adequately guarantees the protection of the buffer yard for the purposes of this title.

(F) General Landscaping Requirements. Buffer Types A through G identify details for landscaping requirements and specify the number and types of plants required in 50-foot increments.

(1) Turfgrass shall not be planted in the required buffer areas.

(2) Drip irrigation only in landscape areas less than eight feet wide.

(G) Alternative to Fencing Requirements. The fence and landscape buffer location may be switched if adjacent to a collector/arterial road or otherwise advantageous to reduce the potential for nuisance.

Table 1
Existing Land Uses	Category
Livestock, Produce, Farming, Pasture, Preserve, Horses, etc.	Agriculture
Retail, Office Complex, Restaurant, etc.	Commercial
Assisted Living, Neighborhood Services, Small Office	Light Commercial
Business Park, Warehouse, Industrial, Storage Units, etc.	Industrial
Stand-Alone House, House with Accessory Dwelling	Single-Family Residential
Duplex, Apartments, Townhomes, etc.	Attached Residential

Table 2
New Land Use Category		Existing Land Use Category	Required Buffer Type
Single-Family Residential	Next to…	Agriculture	H
Single-Family Residential	Next to…	Commercial	A
Single-Family Residential	Next to…	Light Commercial	A
Single-Family Residential	Next to…	Industrial	E
Single-Family Residential	Next to…	Single-Family Residential	None
Single-Family Residential	Next to…	Attached Residential	A
Single-Family Residential – Front	Next to…	Arterial/Collector Road	F
Single-Family Residential – Rear	Next to…	Arterial/Collector Road	G
Attached Residential	Next to…	Agriculture	D
Attached Residential	Next to…	Commercial	B
Attached Residential	Next to…	Light Commercial	B
Attached Residential	Next to…	Industrial	E
Attached Residential	Next to…	Single-Family Residential	D
Attached Residential	Next to…	Attached Residential	B
Attached Residential – Front	Next to…	Arterial/Collector Road	F
Attached Residential – Rear	Next to…	Arterial/Collector Road	G
Commercial	Next to…	Agriculture	None
Commercial	Next to…	Commercial	None
Commercial	Next to…	Light Commercial	None
Commercial	Next to…	Industrial	B
Commercial	Next to…	Single-Family Residential	D
Commercial	Next to…	Attached Residential	D
Commercial – Front	Next to…	Arterial/Collector Road	F
Commercial – Rear	Next to…	Arterial/Collector Road	G
Light Commercial	Next to…	Agriculture	None
Light Commercial	Next to…	Commercial	None
Light Commercial	Next to…	Light Commercial	None
Light Commercial	Next to…	Industrial	D
Light Commercial	Next to…	Single-Family Residential	C
Light Commercial	Next to…	Attached Residential	C
Light Commercial – Front	Next to…	Arterial/Collector Road	F
Light Commercial – Rear	Next to…	Arterial/Collector Road	G
Industrial	Next to…	Agriculture	E
Industrial	Next to…	Commercial	D
Industrial	Next to…	Light Commercial	D
Industrial	Next to…	Industrial	None
Industrial	Next to…	Single-Family Residential	E
Industrial	Next to…	Attached Residential	E
Industrial – Front	Next to…	Arterial/Collector Road	F
Industrial – Rear	Next to…	Arterial/Collector Road	E

Table 3
Buffer Type	Fence	Landscape Buffer Width	Min. Tree Density	Min. Shrub Density
A	6' Vinyl, Wood, Precast Concrete, or Composite Privacy	none	none	none
B	6' Vinyl, Composite, or Precast Concrete Privacy	6'	1 every 50'	none
C	6' Vinyl, Composite, or Precast Concrete Privacy	10'	1 every 50'	5 every 50'
D	6' Precast Concrete Privacy	15'	2 every 50'	10 every 50'
E	8' Precast Concrete Privacy	20'	3 every 50'	10 every 50'
F	None	15'	1 every 50'	none
G	6' Stone Pattern, Precast Concrete, or Composite Privacy	5' (located on street facing side)	1 every 50'	5 every 50'
H	6' Metal Chainlink	none	none	none

[Ord. 22-08 § 1 (Exh. A); Ord. 22-07 § 1 (Exh. A); Ord. 17-12 § 1 (Exh. A); Ord. 16-29 § 1 (Exh. A); Ord. 14-09 § 1; Ord. 12-14 § 2; Ord. 12-12 § 2; Ord. 11-02 § 1 (Exh. A); Ord. 09-10 § 1 (Exh. A); Ord. 08-11 § 1 (Exh. A); Ord. 08-07 § 1 (Exh. A); Ord. 06-27; Ord. 06-17; Ord. 03-18; Code 1971 § 10-6-080.]

10.30.090 Agriculture protection areas.

(A) Purpose. An agriculture protection area is a geographic area created under the authority of the state of Utah and Syracuse City that is granted specific legal protection for agricultural production, which includes the production of crops, livestock, and livestock products or other agricultural production activities as determined by the Davis County agriculture protection area advisory board and the Syracuse City Planning Commission, acting as the Land Use Authority.

(B) Proposal to Create. An applicant proposing to create an agriculture protection area within Syracuse City boundaries shall submit to the Community Development Department an agriculture area request form and a submittal fee for processing. The City Council shall establish the submittal fee from time to time by resolution. The request shall identify the boundaries of the land proposed to become part of an agriculture protection area, any limits on the types of agriculture production that will be an allowed use within the agriculture protection area, and the names of the owners of record of the land and the tax parcel number identifying each parcel. Agriculture protection areas must have a minimum of 10 acres to be eligible for consideration of protection. The City Council shall provide notice as provided in Section 17-41-302, Utah Code Annotated 1953, as amended. The notice shall contain a statement that an applicant filed a proposal for the creation of an agriculture protection area with the City, the proposal is open for public inspection, and any entity affected by the proposal may file objections or modifications to the proposal.

(C) Review and Approval. After 15 days from the date of the notice, the City Council shall refer the proposal, with any objections and proposed modifications, to the county advisory board and the City Planning Commission for their review, comments, and recommendations. Within 45 days after receipt of the proposal, the county advisory board and City Planning Commission shall submit a written report to the City Council that recommends any modifications to the proposal, indicates whether or not the land is currently being used for agricultural production, states whether the zoning is appropriate for agriculture and whether the land is viable for agricultural production, the extent and nature of existing or proposed farm improvements, advisement of land use activities on adjoining property, and anticipated trends in agricultural and technological conditions. The Planning Commission will evaluate any objections to the proposal and make a recommendation to the City Council to accept, accept and modify, or reject the proposal. After receipt of the written reports from the advisory board and Planning Commission, or after 45 days, whichever is earlier, the City Council shall schedule a public hearing in accordance with Utah law. The City Council shall convene the public hearing at the time, date, and place specified in the notice and take verbal or written testimony from interested persons. Upon completion of the public hearing, the City Council shall approve, modify and approve, or reject the agriculture protection area proposal. [Ord. 21-24 § 1 (Exh. A); Ord. 11-02 § 1 (Exh. A); Ord. 08-07 § 1 (Exh. A); Ord. 08-02 § 37; Ord. 06-27; Ord. 06-17; Code 1971 § 10-6-090.]

10.30.100 Conditional uses.

The following conditional uses shall comply with the applicable standards established herein and may be subject to additional regulations specific to the applicable zone. The zone-specific provisions shall apply if a conflict exists between general and specific conditional use provisions. Each applicable zone establishes if the use is conditional or permitted.

(A) Minor. The following conditional uses are minor and require approval as established in SCC 10.20.080:

(1) Accessory uses and buildings 200 square feet or larger. See SCC 10.30.010.

(2) Apiaries.*

(a) Unlawful Conduct. It shall be unlawful for any beekeepers to keep any colony or colonies in such a manner or of such disposition as to cause any unhealthy condition, interfere with the normal use and enjoyment of human or animal life of others or interfere with the normal use and enjoyment of any public property or property of others.

(b) Flyways. In each instance in which any colony is situated within 25 feet of a public or private property line of the tract upon which the apiary is situated, as measured from the nearest point on the hive to the property line, the beekeeper shall establish and maintain a flyway barrier at least six feet in height consisting of a solid wall, fence, dense vegetation or combination thereof that is parallel to the property line and extends 10 feet beyond the colony in each direction so that all bees are forced to fly at an elevation of at least six feet above ground level over the property lines in the vicinity of the apiary.

(c) Water. Each beekeeper shall ensure that a convenient source of water is available to the bees at all times during the year so that the bees will not congregate at swimming pools, pet watering bowls, bird baths or other water sources where they may cause human, bird or domestic pet contact.

(d) Beekeeping Equipment. Each beekeeper shall ensure that no bee comb or other beekeeping equipment is left upon the grounds of an apiary site. Upon removal from a colony, all such equipment shall promptly be disposed of in a sealed container or placed within a building or other bee-proof enclosure.

(e) Number of Colonies. It shall be unlawful to keep more than the following number of colonies on any tract within the city, based upon the size or configuration of the tract on which the apiary is situated:

(i) Less than one-half acre tract size – up to five colonies.

(ii) One-half acre or larger tract size – up to 10 colonies.

(iii) Regardless of tract size, where all colonies are situated at least 200 feet in any direction from all property lines of the tract on which the apiary is situated, there shall be no limit to the number of colonies.

(f) Compliance. Upon receipt of information that any colony situated within the city is not being kept in compliance with this section, the director shall cause an investigation to be conducted. If he finds that grounds exist to believe that one or more violations have occurred he shall cause a written notice of a nuisance to be issued to the beekeepers in accordance with SCC Title 6.

(3) Dog kennels, residential. See SCC 10.30.040.

(4) Repealed by 22-32.

(5) Greenhouses.

(6) Major A home occupations. See SCC 10.35.040.

(7) Repealed by 22-32.

(8) Private parks and recreational activities.

(9) Signs. See Chapter 10.45 SCC.

(10) Stables, public. See SCC 10.30.040.

(11) Temporary commercial uses. See SCC 10.35.050.

(12) Temporary use of buildings.* Conditional use permits for this use shall be valid for a period of one year. The Land Use Administrator may grant extension periods, not to exceed six months, to such a permit so long as the applicant applies prior to the expiration date, ensures the building complies with all other provisions of this section, and any associated building permit remains valid.

(a) Temporary business buildings, in any zoning district, used during construction of the permanent structure shall comply with the following conditions:

(i) Applicant acquires a building permit for the permanent structure prior to placement of the temporary building on the property.

(ii) The site provides adequate parking surfaces and sanitary sewer facilities as well as complete skirting of the temporary structure.

(iii) Applicant locates the temporary structure outside all clear-view areas outlined in SCC 10.30.060(B).

(iv) The temporary structure complies with all setbacks for the zoning district in which it will be located.

(v) Applicant guarantees removal of the temporary structure from the premises within 14 days of occupancy of the permanent structure.

(vi) Applicant guarantees, in the case of temporary sales offices in residential zoning districts, the removal of said offices within 14 days after occupancy of the model home, or six months after approval for the temporary sales office if applicant does not complete the model home.

(b) Model homes used in residential zones, for the display of home features and amenities offered by the developer, and for marketing of lots or structures in the subdivision in which the model homes resides, shall comply with the following conditions:

(i) The model home shall convert to single-family use when the last phase within the subdivision is more than 80 percent developed.

(ii) Applicant shall provide four off-street parking spaces on or abutting the subject property.

(iii) Applicant provides and follows an approved exterior lighting plan indicating the location, direction, and timing of all lighting on the site.

(iv) Applicant provides and complies with an approved signage plan indicating the size and location of all signs, flags, banners, etc.

(v) The applicant limits hours of operation to such as are reasonable and sensitive to the adjacent uses so as to prevent any negative impacts to such adjacent uses.

(vi) No one uses the model home as a general real estate office, construction management office, or administrative service office for off-site subdivisions or developments.

(B) Major. The following conditional uses are major and require approval as established in SCC 10.20.080:

(1) Animal hospitals.

(2) Churches or religious service buildings.

(3) Cluster subdivisions. See Chapter 10.80 SCC.

(4) Commercial day care centers.

(5) Dwellings, single-family.

(6) Dwellings, two-family. The owner of such a residential dwelling shall:

(a) Meet the International Building Code standards.

(b) Provide a minimum of two off-street parking spaces per dwelling unit.

(d) Install utility services for each dwelling unit as provided in state law.

(e) Comply with all requirements of the International Residential Code as adopted by the state of Utah for two-family dwellings.

(7) Dwelling groups. See SCC 10.30.030(A).

(8) Major B home occupations. See SCC 10.35.040.

(9) Medical and other health facilities.

(10) Commercial preschool.

(11) Professional nonretail services, up to a maximum 25 percent of the commercial subdivision.

(12) Public and quasi-public buildings.

(13) Public parks.

(14) Sexually oriented businesses. See Chapter 10.135 SCC.

(15) Sewage treatment plants.

(16) Signs. See Chapter 10.45 SCC.

(17) Wireless communication towers. See Chapter 10.130 SCC. [Ord. 22-32 § 1 (Exh. A); Ord. 12-03 § 2; Ord. 11-10 § 4; Ord. 11-04 § 2; Ord. 11-02 § 1 (Exh. A); Ord. 10-02 § 1 (Exh. A); Ord. 08-07 § 1 (Exh. A); Ord. 06-27; Ord. 06-17; Ord. 02-26; Ord. 02-05; Code 1971 § 10-6-100.]

* Code reviser’s note: Ordinance 11-10 set out amendments to this section inadvertently omitting text from Ordinances 11-02 and 11-04. The omitted text has been restored pursuant to the intent of the city.