City Code
Every attempt has been made to keep this online Tooele City Code up-to-date; however, there may be discrepancies between this online code and that which is actually adopted. If you have questions about the Tooele City Code or for the most recent update, please call 435.843.2120 or email attorney@tooelecity.gov.
Click on the links below to be taken directly to the Title of the City Code you are looking for:
(Ord. 87-24, 01-02-88)
(Ord. 67-3, 08-14-67)
(Ord. 87-24, 01-02-88; Ord. 76-4, 02-09-76)
(Ord. 67-3, 08-14-67)
(Ord. 67-3, 08-14-67)
(Ord. 87-24, 01-02-88; Ord. 76-4, 02-09-76)
(Ord. 87-24, 01-02-88; Ord. 76-4, 02-09-76)
(Ord. 87-24, 01-02-88; Ord. 76-4, 02-09-76)
(Ord. 87-24, 01-02-88; Ord. 76-4, 02-09-76)
(Ord. 76-4, 02-09-76)
(Ord. 76-4; 02-09-76)
(Ord. 87-24, 01-02-88; Ord. 76-4, 02-09-76)
(Ord. 67-3, 08-14-67)
(Ord. 67-3, 08-14-67)
This Section shall extend to all repeals, either by express words or implication, whether the repeal is in the ordinance making any new provisions upon the same subject or in any other ordinance.
Nothing contained in this or the preceding Section shall be construed as abating any action now pending under or by virtue of any general ordinance of the City herein repealed; or as discontinuing, abating, modifying or altering any penalty accrued or to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the City under any ordinance or provision thereof in force at the time of the adoption of this City Code.
(Ord. 67-3, 08-14-67)
(Ord. 2017-06, 02-15-2017) (Ord. 1994-54, 11-08-1994)
(Ord. 2017-06, 02-15-2017) (Ord. 1994-54, 11-08-1994)
(Ord. 2017-06, 02-15-2017) (Ord. 1994-54, 11-08-1994)
(Ord. 2018-10, 07-18-2018)
(Ord. 1994-12, 03-22-1994)
(Ord. 1994-12, 03-22-1994)
(Ord. 1994-12, 03-22-1994)
(a) in accordance with UCA Section 52-4-202; and,
(b) by posting written notice at the anchor location.
(Ord. 2019-06, 04-03-2019) (Ord. 1994-12, 03-22-1994)
(Ord. 2022-28, 08-03-2022) (2012-11, 04-04-2012) (Ord. 1994-12, 03-22-1994)
(Ord. 1994-12, 03-22-1994)
(Ord. 1994-12, 03-22-1994)
(Ord. 2012-11, 04-04-2012) (Ord. 1994-12, 03-22-1994)
(Ord. 2019-07, 04-03-2019) (Ord. 2012-11, 04-04-2012) (Ord. 1967-3, 08-14-1967)
(Ord. 1967-3, 08-14-1967)
(Ord. 2012-11, 04-04-2012) (Ord. 1967-3, 08-14-1967)
(Ord. 2019-07, 04-03-2019) (Ord. 1967-3, 08-14-1967)
(Ord. 2019-07, 04-03-2019) (Ord. 2012-11, 04-04-2012) (Ord. 1994-56, 01-31-1995) (Ord. 1967-3, 08-14-1967)
(Ord. 2022-28, 08-03-2022) (Ord. 2019-07, 04-03-2019) (Ord. 2012-11, 04-04-2012) (Ord. 2000-17, 08-16-2000) (Ord. 1967-3, 08-14-1967)
The Recorder shall keep an office at the place of meeting of the Council or some other place convenient thereto as the Council may direct. Copies of all papers filed in the Recorder’s office and transcripts from all records of the Council attested to or certified by the Recorder under the Corporate Seal shall be evidence in all courts as if the original were produced.
(Ord. 2019-22, 09-04-2019) (Ord. 1967-3, 08-14-1967)
(Ord. 2019-22, 09-04-2019) (Ord. 1967-3, 08-14-1967)
(Ord. 2019-22, 09-04-2019)
(Ord. 2015-23, 08-19-2015) (Ord. 1988-29, 12-07-1988)
(Ord. 88-29, 12-07-88)
(Ord. 2015-23, 08-19-2015)
(Ord. 76-8, 04-12-76)
(Ord. 76-8, 04-12-76)
(Ord. 76-8, 04-12-76)
(Ord. 67-3, 08-14-67)
(Ord. 1988-29, 12-07-1988)
(Ord. 1988-29, 12-07-1988)
(Ord. 1988-29, 12-07-1988)
(1) payroll checks, if the checks are prepared in accordance with a salary schedule established in a personnel ordinance or resolution, and if such checks are properly countersigned by another employee with signing authority; or
(2) routine expenditures, such as utility bills, payroll-related expenses, supplies, materials, and capital expenditures which were referenced in the budget document and approved by an appropriation resolution adopted for the current fiscal year.
(Ord 2019-23, 09-04-2019) (Ord. 1988-29, 12-07-1988)
(Ord. 1988-29, 12-07-1988)
(Ord. 2015-23, 08-19-2015)
(Ord. 67-3, 08-14-67)
(Ord. 1981-02, 01-15-81)
(Ord. 1981-02, 01-15-1981)
(Ord. 2009-09, 10-21-09); (Ord. 2008-03, 05-07-08); (Ord. 92-09, 08-11-92)
(Ord. 2008-03, 05-07-08); (Ord. 92-09, 08-11-92)
(Ord. 2008-03, 05-07-08); (Ord. 92-09, 08-11-92)
(Ord. 2008-03, 05-07-08); (Ord. 92-09, 08-11-92)
(Ord. 2008-03, 05-07-08); (Ord. 92-09, 08-11-92)
- The City Recorder shall be the Records Officer for purposes of this Chapter, and shall oversee and coordinate records access, management, and archives activities.
(Ord. 2008-03, 05-07-08); (Ord. 92-09, 08-11-92)
(Ord. 2009-09, 10-21-09)
(2) all candidates for city council shall pay a filing fee of $30.00.
(Ord. 2023-23, 05-17-2023)
(Ord. 2011-16, 08-17-11)
(Ord. 2013-04, 06-19-2013)
(Ord. 2013-04, 06-19-2013)
(Ord. 2016-15, 10-19-2016) (Ord. 2013-04, 06-19-2013)
(Ord. 2013-11, 06-19-2013); (Ord. 2013-07, 04-17-2013)
(2) Any party may make an audio or video recording of the hearing, but only the recording prepared by the City shall be considered part of the record of the hearing.
(Ord. 2013-07, 04-17-2013)
(Ord. 2013-07, 04-17-2013)
(Ord. 89-13, 08-02-89)
(Ord. 1978-26, 10-26-1978)
The Commission may include in any master plan proposal areas outside the geographic boundaries of the City, if the Commission finds said areas bear relation to the proper or expected development of the community and the concurrence of the governing body of the county or municipality having jurisdiction to govern the area proposed to be included is first obtained.
All city staff personnel, private consultants, and planners shall be under the immediate supervision of the Director.
The Commission shall also have among its powers, the right and authority to enter upon any land, at reasonable times, to make examinations, surveys, or to place markers and monuments; to make reports and recommendations to the City Council or other public agencies and bodies, and the public in general, regarding the planning and development of the City.
(Ord. 2018-05, 02-21-2018) (Ord. 2004-10, 09-15-2004) (Ord. 1981-35, 01-07-1982) (Ord. 1978-26, 10-26-1978)
(Ord. 2006-09, 03-29-2006) (Ord. 2005-04, 02-02-2005) (Ord. 2004-10, 09-15-2004) (Ord 1999-31, 12-01-1999)(Ord. 1979-03, 04-05-1979)
(Ord. 2004-10, 09-15-2004) (Ord. 1978-26, 10-26-1978)
(Ord. 1979-03, 04- 05-1979)
(Ord. 2004-10, 09-15-2004) (Ord. 1978-26, 10-26-1978)
The Director shall see that the Commission Secretary or other designee prepares the minutes of all meetings of the Commission and that the same are prepared and preserved by the Director.
Minutes shall be deemed the official record of the meeting upon the approving vote of the Commission and the approving signature of the Commission chairperson or designee.
On or before the 31st day of June of each year, the Director shall present to the City Council and the Mayor an annual report covering the activities of the Engineer’s Office and the Commission.
(Ord. 2009-14, 10-21-2009) (Ord. 2004-10, 09-15-2004) (Ord. 1978-26, 10-26-1978)
-
- relate to the hardship complained of; and
- deprive the property privileges granted to other properties in the same district.
(4) Variances run with the land.
(Ord. 2006-01, 01-04-2006); (Ord. 91-02, 06-14-91)
(b) whether to allow opening statements;
(c) whether to allow closing statements;
(d) the order in which evidence is to be presented;
(e) whether to allow argument on the evidence;
(f) the length of time each party has to present statements and argument, if any, and evidence;
(g) pre-vote deliberations;
(h) the preparation of findings of fact; and,
(j) other procedural matters.
(Ord. 2023-10, 03-01-2023) (Ord. 1985-02, 02-28-1985)
(5) The committee shall evaluate and report on the city’s compliance with the ADA. (Ord. 99-32, 12-01-99); (Ord. 92-07, 3-4-92)
(Ord. 99-32, 12-01-99); (Ord. 92-07, 3-4-92)
(Ord. 2023-39, 01-17-2024)
(a) It is located within the boundaries of Tooele City.
(f) It embodies the distinctive characteristics of a rare or unique type, period, or method of construction, or represents the work of an architect or builder recognized as a master in their field, or possesses high artistic values or style, or represents a significant and distinguishable entity whose components may lack individual distinction.
(Ord.2024-39, 09- 19-2024)
(c) Recommendation of Commission: Following any investigation deemed necessary by the Commission, but in no case more than sixty (60) days after the receipt of any application for designation, the Historic Preservation Commission shall make a formal recommendation regarding the application. If designation proceedings are initiated by the Commission, final recommendation shall be made by the Commission no more than sixty (60) days after such initiation. The Commission's recommendation shall be in writing and signed by the chairperson of the Commission, and shall state the reasons for the recommendation. The recommendation may be limited to the proposed historic resource as described in the application, or may include other historic resources.
(d) Forward Recommendations to Planning Commission: Within thirty (30) days after the final recommendation of the Historic Preservation Commission on a designation application, the Commission shall forward each application to the Planning Commission, together with the Commission's recommendations.
(e) Action by Planning Commission: After considering the Historic Preservation Commission's recommendations, the Planning Commission may, by resolution, designate historic resources. Prior to the passage of the resolution, the Planning Commission shall hold a public hearing, notice of which shall be published online at Utah Public Notice, on the Tooele City website, and mailed to the owner or owners of property proposed for designation. Notice shall be as described in this Section. Following designation by resolution, a notice of such shall be mailed to the owners of record together with a copy of the designation resolution and of this Title.
(f) Amend or Rescind: After an historic resource has been formally designated by the Planning Commission, the designation may be amended or rescinded in the same manner as the original designation was made.
(1) Substantial investment is made to upgrade the property and enhance its historic significance.
(2) Any renovation maintains or enhances the historic, architectural and aesthetic features of the property.
(3) The Planning Commission may impose such other conditions for granting a certificate of appropriateness as it deems necessary to protect the character of the landmark site.
recommend the granting or denial of the certificate to the Planning Commission. The Planning Commission shall have final authority to grant or deny a permit to construct that is consistent with standards set forth herein. A certificate of appropriateness shall be required for alterations such as but not limited to:
(a) Any construction that requires a building permit
(b) Removal and replacement or alteration of architectural detailing, such as porch columns, railing, window moldings, cornices and siding;
(c) Relocation of a structure or object on the same site or to another site;
(d) Construction of additions or decks;
(e) Alteration or construction of accessory structures, such as garages, carports, sheds, accessory dwelling units, etc.;
(f) Alteration of windows and doors, including replacement or changes in fenestration patterns;
(g) Construction or alteration of porches;
(h) Masonry work, including, but not limited to, tuckpointing, sandblasting and chemical cleaning;
(i) Construction or alteration of site features including, but not limited to, fencing, walls, paving and grading;
(j) Installation or alteration of any exterior sign;
(k) Any demolition;
(l) Change, addition of, or removal of exterior paint; and
(m) New construction.
(Ord.2024-39, 09-19-2024)
designation includes the owner's (1) acknowledgment of and agreement to construction limitations and demolition prohibitions on the site, (2) waiver of construction and demolition rights the owner might otherwise have, and (3) release of claims against Tooele City and its officers, agents, boards, and employees. The landmark site application form shall expressly state this owner acknowledgment, agreement, and waiver, with the location for the owner's signature.
(Ord.2024-39, 09-19-2024)
Owner's agreement to comply with the provisions of this Chapter. Persons who violate this ordinance through
unapproved demolition, construction, or modifications to landmark sites shall be required to correct or remedy
improper construction and to restore the landmark site to the former, historic condition.
(Ord.2024-39, 09-19-2024)
(Ord. 67-3, 08-14-67)
(Ord. 67-3, 08-14-67)
(Ord. 67-3, 08-14-67)
(Ord. 67-3, 08-14-67)
(Ord. 67-3, 08-14-67)
(Ord. 67-3, 08-14-67)
(Ord. 67-3, 08-14-67)
(Ord. 67-3, 08-14-67)
(Ord. 67-3, 08-14-67)
(Ord. 67-3, 08-14-67)
(Ord. 67-3, 08-14-67)
(Ord. 67-3, 08-14-67)
(Ord. 67-3, 08-14-67)
(Ord. 67-3, 08-14-67)
Tooele City, its most current edition is so adopted, including its Appendices B, C, D, F, and H.
(Ord. 2022-44, 12-21-2022) (Ord. 2005-14, 06-15-2005) (Ord. 2004-15, 10-20-2004) (Ord. 1998-04, 01-21-1998) (Ord. 1995-04, 05-19-1995)
(Ord. 2022-05, 02-02-2022) (Ord. 2004-15, 10-20-2004) (Ord. 1995-04, 05-19-1995)
(Ord. 2004-15, 10-20-04) (Ord. 1995-04, 05-19-1995)
(Ord. 2004-15, 10-20-04) (Ord. 1995-04, 05-19-1995)
(Ord. 2004-15, 10-20-2004) (Ord. 1995-04, 05-19-1995)
(Ord. 1995-04, 05-19-1995)
(Ord. 2004-15, 10-20-2004) (Ord. 1995-04, 05-19-1995)
(Ord. 2004-15, 10-20-2004) (Ord. 1995-04, 05-19-1995)
(Ord. 1995-04, 05-19-1995)
(Ord. 2004-15, 10-20-2004) (Ord. 1995-04, 05-19-1995)
(Ord. 2004-15, 10-20-2004) (Ord. 1995-04, 05-19-1995)
(Ord. 2006-12, 04-27-2006) (Ord. 2001-26, 08-15-2001) (Ord. 2001-21, 06-20-2001)
(Ord. 2010-13, 10-06-2010) (Ord. 1988-24, 08-03-1988)
(Ord. 2011-12, 06-15-2011) (Ord. 2010-13, 10-06-2010) (Ord. 1997-05, 02-04-1997) (Ord. 1988-24, 08-03-1988)
(Ord. 2018-09, 07-18-2018) (Ord. 2012-14, 05-16-2012) (Ord. 2011-12, 06-15-2011) (Ord. 2010-13, 10-06-2010) (Ord. 1988-24, 08-03-1988)
(Ord. 2010-13, 10-06-2010) (Ord. 1988-24, 08-03-1988)
(Ord. 2020-48, 12-02-2020) (Ord. 1988-24, 08-03-1988)
(Ord. 1988-24, 08-03-1988)
(3) Buildings and temporary stands or trailers for the retail sales of fireworks shall be constructed in compliance with local rules, or if none, in accordance with nationally recognized good practice.
(Ord. 2010-13, 10-06-2010)
(4) The fire department shall review the information in the application, the display operator’s permit, and all applicable fire and safety standards. The fire department shall also confer with the police department to ensure that there shall be sufficient public safety personnel available to ensure the health and welfare of all persons attending the event.
(5) The fire department shall approve or disapprove the application no later than fifteen (15) days after receiving the application. The fire department may approve the application as submitted or approve the application subject to reasonable conditions relating to the safety of the event. If the fire department disapproves the application, it shall do so in writing, stating the grounds for disapproval, including reference to the specific fire or safety standards or public safety considerations applicable to the event.
(6) Governmental subdivisions and governmental entities are exempt from the permit fee requirements of this section. However, an application must be timely submitted and a permit obtained prior to the planned discharge of display fireworks by governmental subdivisions.
(Ord. 2010-13, 10-06-2010)
(Ord. 2010-13, 10-06-2010)
(Ord. 2012-16, 08-15-2012)
(Ord. 2012-16, 08-15-2012)
(Ord. 2012-16, 08-15-2012)
(Ord. 2012-16, 08-15-2012)
(Ord. 2012-16, 08-15-2012)
(Ord. 2012-16, 08-15-2012)
(Ord. 2017-24, 10-18-2017)
(Ord. 2017-24, 10-18-2017)
(Ord. 2017-24, 10-18-2017)
(Ord. 2017-24, 10-18-2017)
(Ord. 2017-24, 10-18-2017)
Premises – Any building or structure, or combination of buildings and structures, in which a fire alarm system is installed. For purposes of this Chapter, the term Premises shall not mean single-family or two-family residential buildings.
(Ord. 2017-25, 11-15-2017)
(Ord. 2017-25, 11-15-2017)
(Ord. 2017-25, 11-15-2017)
(Ord. 2018-04, 02-21-2018) (Ord. 1999-11, 04-21-1999) (Ord. 1975-28, 12-08-1975) (Ord. 1967-03, 08-14-1967)
Permits are required for temporary uses incidental to construction. Such permits are limited to the duration of the construction work. The maximum time for such a permit is one year. However, another permit may be issued if cause is shown. All applications for building permits shall be accompanied by a plan, drawn to scale, showing the actual dimensions of the lot to be built upon, the size and location of the existing buildings, buildings to be erected and buildings existing on adjacent property, and such other information as may be necessary to provide for the enforcement of this Code.
A careful record of such applications and plats shall be kept in the office of the Building Official or other officer charged with administration and enforcement. No yard or other open space provided about any building for the purpose of complying with the provisions of this Code shall be used as a yard or open space for another building.
(Ord. 2018-04, 02-21-2018) (Ord. 1999-11, 04-21-1999) (Ord. 1967-03, 08-14-1967)
The Building Official is authorized to order disconnection and approve connection or re-connection of utility services, including water, sewer, natural gas, and electric power, to any structure or service regulated by the construction codes as adopted by this jurisdiction or the State of Utah. Upon written order from the building Official, any serving utility shall immediately terminate such service. The Building Official shall not authorize any termination or refuse connection without reasonable cause, as detailed in the order.
(Ord. 2018-04, 02-21-2018) (Ord. 1999-11, 04-21-1999) (Ord. 1967-03, 08-14-1967)
(Ord. 2018-04, 02-21-2018) (Ord. 1998-27, 08-05-1998) (Ord. 1975-27, 12-08-1975)
(Ord. 2018-04, 02-21-2018) (Ord. 1975-27, 12-08-1975)
(Ord. 2018-04, 02-21-2018) (Ord. 1980-11, 04-10-1980) (Ord. 1975-27, 12-08-1975)
(Ord. 1975-27, 12-08-1975)
(Ord. 2018-04, 02-21-2018) (Ord. 2004-15, 10-20-2004) (Ord. 1980-11, 04-10-1980)
(Ord. 2002-01, 01-09-2002); (Ord. 98-04, 01-21-98)
(Ord. 2002-01, 01-09-2002)
(Ord. 2002-01, 01-09-2002)
(Ord. 91-09, 11-14-91)
(Ord. 2004-15, 10-20-04); (Ord. 91-09, 11-14-91)
(Ord. 2003-04, 02-05-03); (Ord. 98-04, 01-21-98); (Ord. 97-10, 03-19-97); (Ord. 94-34, 05-24-94)
(Ord. 94-34, 05-24-94)
(Ord. 2002-01, 01-09-2002); (Ord. 98-04, 01-21-98); (Ord 91-12, 11-19-91)
(Ord. 2002-06, 04- 03-02); (Ord. 91-12, 11-19-91)
(Ord. 94-13, 03/15/94)
(Ord. 94-13, 03/15/94)
numbers that are or may be detrimental to the health, safety, or general welfare of the occupants.
(Ord. 2004-15, 10-20-04); (Ord. 94-13, 03/15/94)
(Ord. 2004-15, 10-20-04); (Ord. 94-13, 03/15/94)
(Ord. 2004-15, 10-20-04); (Ord. 94-13, 03/15/94)
(Ord. 2004-15, 10-20-04); (Ord. 94-13, 03/15/94)
(Ord. 94-13, 03/15/94)
(Ord. 94-13, 03/15/94)
(Ord. 94-13, 03/15/94)
(Ord. 94-13, 03/15/94)
(Ord. 94-13, 03/15/94)
(Ord. 94-13, 03/15/94)
(Ord. 94-13, 03/15/94)
(1) Any property owner or his agent affected by any formal notice and order which has been issued in connection with the enforcement of any provision of this chapter, or of any rule or regulation adopted pursuant thereto, shall have the right to appeal the matter before the HAAB, provided that the appeal is filed within 30 days of the service of the formal notice and order, except that appeals of formal notices and orders to vacate must be filed within ten days of service.
(2) Appeals shall be submitted on an appeal form provided by the city recorder. The appellant shall state the specific order or action protested and a statement of the relief sought, along with the reasons why the order or action should be reversed, modified, or otherwise set aside.
(3) Failure of any person to file an appeal in accordance with the provisions of this section shall constitute a waiver of that person’s right to an appeal.
(4) The timely filing of an appeal shall stay further action by the building official to enforce correction of the specific violations being appealed, except there shall be no stay of enforcement when the building official determines that the condition of the premises poses an immediate danger to the occupants or to public safety. When such cases arise, the building official shall convene a special HAAB hearing as soon as possible which shall consider possible ratification, reversal or modification of the building official’s action.
(5) Before any hearing is held before the HAAB, the HAAB shall inspect the building or premises involved. Prior notice of such inspection shall be given to the owner who shall be given an opportunity to be present at such inspection. Upon completion of the inspection, the chairperson shall state for the record the material facts observed at the inspection, which facts shall be read at the initiation of the hearing. Failure of the owner to provide access without good cause shall not constitute a reason for the hearing to be postponed.
(6) Written notice of the time and place of all HAAB inspections shall be mailed to the appellant at least ten days prior to the date of such inspection or hearing, except for vacation orders where the appellant shall be notified at least two days in advance.
(7) The owner may represent himself or be represented by someone having legal authority to act in the owner’s behalf. Each party may call and examine witnesses on any relevant matter, introduce documentary and physical evidence, and cross-examine opposing witnesses. Any relevant evidence shall be admitted.
(8) A record of the entire proceeding of all hearings before the HAAB shall be made by tape recording or by any other means of permanent recording determined to be appropriate by the HAAB. The record shall be retained on file in accordance with the city recorder’s retention schedule.
(9) The decision of the HAAB shall be effective upon issuance of the board’s written decision.
(10) Any person aggrieved by any decision of the HAAB made under this section may appeal such decision to the mayor within ten days of the written decision of the HAAB. The mayor may consider testimony from any interested party and shall render a written decision within 30 days of the filing of the appeal to the mayor. If the mayor determines that the decision of the HAAB is supported by the evidence and is not arbitrary or capricious, the mayor shall affirm the decision.
(11) An appeal from a decision of the mayor shall be made to a court of competent jurisdiction no later than 30 days from the date of issuance of such decision.
(Ord. 94-13, 03/15/94)
(Ord. 94-13, 03/15/94)
(Ord. 2004-15, 10-20-04); (Ord. 94-13, 03/15/94)
(Ord. 94-13, 03/15/94)
(Ord. 94-13, 03/15/94)
(Ord. 94-13, 03/15/94)
(Ord. 2004-15, 10-20-04); (Ord. 94-13, 03/15/94)
(c) For the purpose of meeting light or ventilation requirements, as well as emergency egress, a room may be considered as a portion of an adjoining room when one-half of the area of the common wall is open and unobstructed and provides an opening of not less than one-tenth of the floor area of the interior room or 25 square feet, whichever is greater.
(iii) Mechanical venting of bathrooms into the attic shall be acceptable as long as provisions of Section 3205(c) of the IBC are met.
(iv) Bathrooms constructed prior to 1970 vented with gravity vent openings extending to the outside shall meet the ventilation requirement as long as the walls, ceiling and floor are not adversely affected by moisture.
(Ord. 2004-15, 10-20-04); (Ord. 94-13, 03/15/94)
(e) Bars, grills, grates, or similar devices may be installed on emergency escape or rescue windows or doors, provided such devices are equipped with approved release mechanisms which are operable from the inside without the use of a key or special knowledge or effort.
(3) Stairs and handrails shall meet the requirements of Chapter 33 of the IBC with the following modifications:
(4)(a) Guardrails shall be required for all balconies, porches, patios, and open stairs more than 30 inches above or below grade. Guardrails shall also be required for any grade change more than 30 inches next to a walking surface. Guardrails shall not be less than 42 inches in height, except for guardrails serving private dwelling units which shall have a minimum height of 36 inches.
(Ord. 2004-15, 10-20-04); (Ord. 94-13, 03/15/94)
(b) All open untrapped sewer lines and unused trapped outlets shall be capped with an approved permanent or substantial cap.
(b) All mechanical equipment shall be properly maintained and shall be operated in a safe manner.
(Ord. 94-13, 03/15/94)
(b) Open parking lots and carports shall be provided with a minimum of one foot candle of light on the parking surface during the hours of darkness. Lighting devices shall be protected by weather resistant covers.
(Ord. 94-13, 03-15-94)
(Ord. 2004-15, 10-20-04); (Ord. 94-13, 03-15-94)
(Ord. 94-31, 05-12-94)
(Ord. 2002-01, 01-09-2002); (Ord. 98-04, 01-21-98); (Ord. 95-09, 06-03-95); (Ord. 91-14, 11-19-91)
(Ord. 2002-06, 04-03-2002); (91-14, 11-19-91)
(1) The following definitions are amended:
(a) Commission: Tooele City Corporation.
(b) Department: Tooele City Community Development and Public Works Department, inclusive of Engineering
(c) Director: The Director of the Community Development and Public Works Department.
(d) Engineer: The Tooele City Engineer or consulting engineer assigned to the project in question, as designated by the Director.
(e) State: The State of Utah and its political subdivisions acting through their authorized representatives.
(2) In all instances where the context of said specifications may be interpreted in more than one manner, said specifications shall be interpreted so as to apply to Tooele City Corporation rather than the State of Utah, its road commission, or other agencies, and shall be interpreted in such a manner as to validate the provision in question.
(Ord. 2015-07, 03-18-2015) (Ord. 1997-09, 03-05-1997) (Ord, 1974-16, 12-09-1974)
(a) provide for the continuation or appropriate projection of existing streets in surrounding areas; or
(b) Dead end streets, whether temporary or permanent, great than 150 feet in length, or deeper than one single-family residential lot in depth (whether front-yard frontage or side-yard frontage), whichever is less, shall require a cul-de-sac.
(c) Cul-de-sacs shall have a minimum outside right-of-way radius of 60 feet at the closed end, unless the street ends at a point where the subdivider or developer intends to extend a street pursuant to a preliminary subdivision submitted and approved by the City, in which case the turnaround shall have the minimum radius required by the International Fire Code.
(d) Dead end street, including cul-de-sacs where permitted, may be extended beyond 250 feet with written findings from the Public Works Director, in consultation with the Community Development Director and Fire Chief that:
(iv) the cul-de-sac turnaround radius at the closed end of the dead end street, as required in this Section, is increased by not less than ten feet; and,
(v) doing so will not violate applicable provisions of the adopted building or fire codes.
When streets of different classes intersect, the greater radius requirement shall be the requirement.
(13) No new half-streets shall be permitted.
(Ord. 2024-02, 01-17-2024) (Ord. 2023-21, 06-07-2023)
Design Speed (mph) | Crest Vertical Curve | Sag Vertical Curve | ||||
Stopping Sight Distance | Passing Sight Distance | Stopping Sight Distance | ||||
ft | K Value1 | ft | K Value1 | ft | K Value1 | |
15 | 80 | 3 | - | - | 80 | 10 |
20 | 115 | 7 | 400 | 57 | 115 | 17 |
25 | 155 | 12 | 450 | 72 | 155 | 26 |
30 | 200 | 19 | 500 | 89 | 200 | 37 |
35 | 250 | 29 | 550 | 108 | 250 | 49 |
40 | 305 | 44 | 600 | 129 | 305 | 64 |
45 | 360 | 61 | 700 | 175 | 360 | 79 |
50 | 425 | 84 | 800 | 229 | 425 | 96 |
55 | 495 | 114 | 900 | 289 | 495 | 115 |
60 | 570 | 151 | 1000 | 357 | 570 | 136 |
65 | 645 | 193 | 1100 | 432 | 645 | 157 |
70 | 730 | 247 | 1200 | 514 | 730 | 181 |
75 | 820 | 312 | 1300 | 604 | 820 | 206 |
80 | 910 | 384 | 1400 | 700 | 910 | 231 |
1. Rate of vertical curvature, K, is the length of curve (L) per percent algebraic difference intersecting grades (A), K=L/A
Source: AASHTO "Green Book" (A Policy on Geometric Design of Highways and Streets), 7th Edition, 2018. Use latest edition of AASHTO Green Book if applicable.
(Ord. 2023-21, 06-07-2023)
(Ord. 2023-21, 06-07-2023)
Figure 4-8-2.3
(Ord. 2023-21, 06-07-2023)
150 West Street | ||||
ROW Section | Existing ROW Widths | Asphalt Requirements | Curb & Gutter Requirements | Sidewalk Requirements |
650 North - 600 North | 54.75 Feet | 30 Feet | Required | West Side |
600 North - 500 North | 49.5 Feet | 30 Feet | Required | East Side |
500 North - 400 North | 49.5 Feet | 30 Feet | Required | Not Required |
400 North - Utah Avenue | 49.5 Feet | 30 Feet | Required | Not Required |
Utah Avenue - Vine Street | 49.5 Feet | 30 Feet | Required | Both Sides |
Vine Street - 100 South | 49.5 Feet | 30 Feet | Required | Not Required |
100 South - 200 South | 49.5 Feet | 30 Feet | Required | West Side |
200 South - 400 South | 49.5 Feet | 30 Feet | Required | Not Required |
50 West Street | ||||
ROW Section | Existing ROW Widths | Asphalt Requirements | Curb & Gutter Requirements | Sidewalk Requirements |
600 North - 500 North | 33 Feet | 30 Feet | Required | Not Required |
500 North - 400 North | 33 Feet | 30 Feet | Required | West Side |
400 North - Utah Avenue | 33 Feet | 30 Feet | Required | East Side |
Utah Avenue - Vine Street | 33 Feet | 30 Feet | Required | West Side |
Vine Street - 100 South | 33 Feet | 30 Feet | Required | West Side |
100 South - 200 South | 33 Feet | 30 Feet | Required | One Side |
200 South - 400 South | 33 Feet | 30 Feet | Required | Not Required |
400 South - 520 South | 33 Feet | 30 Feet | Required | Not Required |
520 South - Main Street | 33 Feet | 30 Feet | Required | East Side |
Garden Street (50 East) | ||||
ROW Section | Existing ROW Widths | Asphalt Requirements | Curb & Gutter Requirements | Sidewalk Requirements |
700 North - 600 North | 33 Feet | 30 Feet | Required | West Side |
600 North - 500 North | 33 Feet | 30 Feet | Required | Not Required |
500 North - 400 North | 33 Feet | 30 Feet | Required | Not Required |
400 North - Utah Avenue | 33 Feet | 30 Feet | Required | Not Required |
Utah Avenue - Vine Street | 33 Feet | 30 Feet | Required | Both Sides |
100 South - 200 South | 33 Feet | 30 Feet | Required | Not Required |
200 South - 400 South | 33 Feet | 30 Feet | Required | Not Required |
400 South - Skyline Drive | 33 Feet | 30 Feet | Required | Not Required |
1. Parkstrips are not required in substandard local streets.
2. The Mayor has administrative authority to correct any errors in this Table and to establish the requirements for any corrected street section.
(Ord. 2023-21, 06-07-2023)
Figure 4-8-2.7
(Ord. 2023-21, 06-07-2023)
Figure 4-8-2.8
(2) Curb and Gutter - Standards
(a) Curbs and gutters shall be constructed on all streets and shall be not less than 30" in overall width. Curbs may be constructed integrally with the Portland cement concrete pavement. Three 5/8" reinforcing bars 10" long shall be installed in all curb and gutter, centered over each sewer and water trench crossed by the curb and gutter.
(a) Sidewalks and all appurtenances thereto shall be constructed of class 4000 psi (6.5 sack) mix Portland cement concrete. Unless allowed otherwise by the Community Development and Public Works Department Director, the amount of cement in the mix design shall be increased to 7.5 sack mix between October 1 and March 1. All driveway approaches, waterways and other appurtenances shall be subject to the weight of vehicles on any occasion.
(Ord. 2023-21, 06-07-2023) (Ord. 2023-21, 06-07-2023) (Ord. 2021-03, 01-20-2021) (Ord. 2019-01, 02-13-2019) (Ord 2015-07, 03-18-2015) (Ord. 1994-56, 01-31-1995) (Ord. 1991-04, 06-11-1991)
(Ord. 2015-07, 03-18-2015) (Am. Ord. 1998-32, 10-07-1998)
(1) The full width of the right-of-way shall be graded to the required section.
(2) All unsuitable sub-base material shall be removed and shall be replaced with stable, compacted material in conformance with generally accepted engineering practices.
(3) Pavement sections shall be of the following minimum thicknesses and materials:
(i) standard reinforced Portland cement pavement having a uniform thickness of ten inches. Concrete for such pavement shall have a minimum 14-day compressive strength of three thousand pounds per square inch, shall contain not less than 6% entrained air. Slump shall be not less than two inches nor more than four inches.
(iv) ten inch thick gravel or crushed stone base course (aggregate base course, type B) having a wearing surface of bituminous concrete binder and surface course, Class 1, having a minimum compacted thickness of three inches.
(b) commercial and industrial areas:
(i) standard reinforced Portland cement pavement having a uniform thickness of ten inches. Concrete for such pavement shall have a minimum 14-day compressive strength of three thousand pounds per square inch, shall contain not less than 6% entrained air. Slump shall be not less than two inches nor more than four inches.
(b) curb, gutter, sidewalk, and parkstrip landscaping; and
(c) hard-surface asphalt paving for vehicular traffic with a minimum width of 30 feet.
(5) When tying-in to existing asphalt pavement, a minimum two foot “T-cut” shall be performed. When widening or tying-in to existing asphalt, tapers shall be provided within the right-of-way to existing asphalt beyond the property under land development or construction, as approved by the Community Development and Public Works Department Director following a recommendation from the City Engineer.
(Ord 2015-07, 03-18-2015) (Ord. 2014-09, 09-03-2014) (Ord. 1977-26, 12-19-1977)
(Ord. 2015-07, 03-18-2015)
(Ord. 2015-07, 03-18-2015) (Ord. 1977-26, 12-19-1977)
(Ord. 2015-07, 03-18-2015) (Ord. 1977-26, 12-19-1977)
(Ord 2015-07, 03-18-2015) (Ord. 1977-26, 12-19-1977)
(c) Streets that curve shall be assigned names. Street signs with names shall include appropriate numeric coordinates.
(d) Streets that back track, loop, or are longer than 600 feet and curve more than 30 degrees from the original heading shall be assigned at least two separate street names.
(e) Circles shall be addressed as part of the main street.
(f) Names of streets shall not continue in more than one primary bearing. The bearing may either be north-south or east-west, but not both.
(g) Street names shall be verified with Tooele County by the applicant before being proposed for a development project in order to avoid duplication.
(Ord. 2015-07, 03-18-2015) (Ord. 1994-03, 02-19-1994)
(i) even address numbers shall be on the right-hand side of the street; and
(ii) odd address numbers shall be on the left-hand side of the street.
![Title 4 Chapter 8 Figure](revize_photo_gallery/Government/City code/4-8-10-1.png)
Figure 4-8-10-1: Building Address Numbering
(Ord. 2015-07, 03-18-2015) (Ord. 1994-03, 02-19-1994)
(Ord. 2015-07, 03-18-2015)
(Ord. 2015-08, 03-04-2015) (Ord. 1976-15, 08-19-1976)
(Ord. 76-15, 08-19-76)
(Ord. 2015-08, 03-04-2015) (Ord. 1976-15, 08-19- 1976)
(Ord. 2015-08, 03-04-2015) (Ord. 1976-15, 08-19- 1976)
(3) Contractors identified on the official approved contractors list shall be required to pay only permit fees for individual excavation permits so long as their on-going approved contractor’s bond remains in full effect at the time an excavation permit is filed with the Department.
(Ord. 2015-08, 03-04-2015) (Ord. 1976-15, 08-19-1976)
(Ord. 2015-08, 03-04-2015) (Ord. 1976-15, 08-19-1976)
(Ord. 1976-15, 08-19-1976)
(Ord. 2015-08, 03-04-2015) (Ord. 86-17, 10-27-64) (Ord. 1977-13, 08-11-1977)
(Ord. 2015-08, 03-04-2015) (Ord. 1976-15, 08-19-1976)
(Ord. 2015-08, 03-04-2015) (Ord. 1976-15, 08-19-1976)
(Ord. 2015-08, 03-04-2015) (Ord. 1976-15, 08-19-1976)
(Ord. 2015-08, 03-04-2015) (Ord. 1976-15, 08-19-1976)
(Ord. 2015-08, 03-04-2015) (Ord. 1976-15, 08-19- 1976)
(Ord. 2015-08, 03-04-2015) (Ord. 1976-15, 08-19- 1976)
(Ord. 2015-08, 03-04-2015) (Ord. 1976-15, 08-19-1976)
(Ord. 2015-08, 03-04-2015) (Ord. 1976-15, 08-19-1976)
(Ord. 2015-08, 03-04-2015) (Ord. 1976-15, 08-19-1976)
(Ord. 2015-08, 03-04-2015) (Ord. 1976-15, 08-19-1976)
(7) Cutouts outside of the trench line must be normal or parallel to the trench line.
(8) Boring or other methods to prevent cutting of new pavement may be required by the Director.
(9) Permittee shall not be required to repair pavement damage existing prior to the excavation unless his cut results in small floating sections that may be unstable, in which case permittee shall remove and pave the area.
(Ord. 1976-15, 08-19-1976)
(Ord. 2015-08, 03-04-2015) (Ord. 1976-15, 08-19-1976)
(Ord. 2015-08, 03-04-2015) (Ord. 1976-15, 08-19-1976)
(Ord. 2015-08, 03-04-2015) (Ord. 1976-15, 08-19-1976)
(Ord. 1976-15, 08-19-1976)
(Ord. 2015-08, 03-04-2015) (Ord. 1976-15, 08-19-1976)
(Ord. 2015-08, 03-04-2015) (Ord. 1976-15, 08-19-1976)
(Ord. 2015-08, 03-04-2015) (Ord. 1976-15, 08-19-1976)
(Ord. 2015-08, 03-04-2015) (Ord. 1976-15, 08-19-1976)
(Ord. 2015-08, 03-04-2015) (Ord. 1976-15, 08-19-1976)
(Ord. 1976-15, 08-19-1976)
(Ord. 2015-08, 03-04-2015) (Ord. 1994-36, 05-24-1994)
(Ord. 91-17, 11-14-91)
(Ord. 91-17, 11-14-91)
(2) without a permanent nonskid surface on all hard-surfaced areas installed within six feet of the pool.
(Ord. 91-17, 11-14-91)
(2) The application of the penalty identified in Subsection (1) shall not be held to prevent the enforced removal of prohibited conditions.
(3) The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of the “Uniform Swimming Pool, Spa and Hot Tub Code.” No permit presuming to give authority to violate or cancel the provisions of that code shall be valid, except insofar as the work or use which is authorized is lawful.
(Ord. 91-17, 11-14-91)
(Ord. 94-22, 05-04-94)
(Ord. 2018-11, 09-05-2018) (Ord. 2006-05, 01-18-2006) (Ord. 1980-23, 06-12-1980)
(Ord. 2018-11, 09-05-2018) (Ord. 2015-07, 03-18-2015) (Ord. 2006-05, 01-18-2006) (Ord. 1993-21, 10-20-1993) (Ord. 1991-04, 06-11-1991)
(Ord. 2018-11, 09-05-2018) (Ord. 2015-07, 03-18-2015) (Ord. 2006-05, 01-18-2006) (Ord. 1978-01, 01-09-1978)
(Ord. 2018-11, 09-05-2018) (Ord. 2015-07, 03-18-2015) (Ord. 2006-05, 01-18-2006) (Ord. 1978-01, 01-09-1978)
(Ord. 2018-11, 09-05-2018) (Ord. 2015-07, 03-18-2015) (Ord. 2006-05, 01-18-2006) (Ord. 1978-01, 01-09-1978)
(Ord. 2018-11, 09-05-2018) (Ord. 2015-07, 03-18-2015) (Ord. 1978-01, 01-09-1978)
(Ord. 2018-11, 09-05-2018) (Ord. 2015-07, 03-18-2015) (Ord. 1978-01, 01-09-1978)
(Ord. 2018-11, 09-05-2018) (Ord. 2015-07, 03-18-2015) (Ord. 2012-22, 12-05-2012) (Ord. 1978-01, 01-09-1978)
(Ord. 2018-11, 09-05-2018) (Ord. 2015-07, 03-18-2015) (Ord. 2006-05, 01-18-2006) (Ord. 1978-01, 01-09-1978)
(Ord. 2018-11, 09-05-2018) (Ord. 2015-07, 03-18-2015) (Ord. 1978-01, 01-09-1978)
(4) For purposes of this Section:
(a) “person” shall include, but not be limited to, individuals, corporations, partnerships, associations, organizations, groups, and other entities; and,
(b) “public way” shall include, but not be limited to, sidewalks, roadways, alleys, and other courses traveled by the public.
(Ord. 2018-11, 09-05-2018) (Ord. 2015-07, 03-18-2015) (Ord. 2014-04, 02-05-2014) (Ord. 2006-05, 01-18-2006)
(Ord. 2018-11, 09-05-2018) (Ord. 2015-07, 03-18-2015) (Ord. 1978-01, 01-09-1978)
(Ord. 2018-11, 09-05-2018) (Ord. 2015-07, 03-18-2015) (Ord. 2006-05, 01-18-2006) (Ord. 1978-01, 01-09-1978)
(Ord. 2018-11, 09-05-2018) (Ord. 2015-07, 03-18-2015) (Ord. 1978-01, 01-09-1978)
(a) any broken ware, glass, filth, dirt, gravel, rubbish, refuse, garbage, ashes, cans, or other like substances;
(c) blocking clogging, or otherwise hindering the movement or flow of storm water or the travel of pedestrian or vehicle traffic; or,
(d) any other purpose that could reasonably cause any damage or obstruction to public or private infrastructure.
(Ord. 2019-01, 02-13-2019) (Ord. 2018-11, 09-05-2018) (Ord. 2015-07, 03-18-2015) (Ord. 2014-05, 02-05-2014) (Ord. 2012-22, 12-05-2012) (Ord. 1978-01, 01-09-1978)
(Ord. 2023-22, 06-07-2023) (Ord. 2018-11, 09-05-2018) (Ord. 2015-07, 03-18-2015) (Ord. 2006-05, 01-18-2006) (Ord. 1978-01, 01-09-1978)
(Ord. 2020-13, 04-15-2020) (Ord. 2019-01, 02-13-2019)
(Ord. 2020-13, 04-15-2020)
(Ord. 2023-22, 06-07-2023) (Ord. 2006-05, 01-18-2006) (Ord. 2005-03, 02-02-2005)
(3) Trees planted within park strip areas shall comply with the Street Tree Selection Guide authorized in §4-11-20. All other varieties are prohibited in the park strip.
(4) Trees shall not be less than one and one-half inches caliper measured one foot from the ground and shall not be shorter than six feet in height. Park strip trees shall be spaced according to the Tooele City Street Tree Selection Guide and shall not be planted less than ten feet from the adjoining property line. Lot owners shall be responsible for the perpetual care and maintenance of trees planted in park strip areas.
(5) Any park strips that are less than five feet in width, including areas with integral sidewalk, shall have the required trees installed behind the sidewalk, on private property, in the same manner as would be installed in the park strip.
(2) Park strip trees shall of a variety specified in §4-11-20, Tooele City Code, and shall meet the height and caliper measurement requirements of §4-11a-1(3).
(3) Within three years, but not less than two years, of receiving a certificate of occupancy for a residential housing unit constructed upon a residential lot within Tooele City, the owner of the lot may submit an application for reimbursement of the street tree bond paid with the building permit for the primary single-family residence on that lot to the Tooele City Building Division for consideration.
(4) Once an application for reimbursement for the park strip tree planting requirement has been provided, as set forth herein, and the Building Official or his representative is satisfied that the provisions of this Chapter have been met, Tooele City shall release the park strip tree bond to the owner or owners of record of the appurtenant residential lot, regardless of whether a previous owner posted the bond or purchased and planted the trees. The obligation to plant trees in the park strip(s), as well as the entitlement to recoup the bond proceeds, shall attach to lot ownership, and no one other than the owner of record at the time that the application for reimbursement is submitted shall have any claim upon the bond amount.
(5) If the owner of a residential lot fails to submit an application for reimbursement of the street bond within three years of receiving a certificate of occupancy for a residential housing unit constructed upon the property, the bond posted for park strip trees shall be forfeited to the City.
(6) Forfeited bond proceeds shall be deposited in a special account and used exclusively for tree planting and landscape beautification projects in public spaces located anywhere within Tooele City.
(Ord. 2023-22, 06-07-2023) (Ord. 2005-03, 02-02-2005)
(Ord. 88-25, 08-03-88)
(Ord. 88-25, 08-03-88)
(1) “Assessment” means a special tax levied against property within a special improvement district to pay all or a portion of the costs of making improvements in the district. All references to “assessment” or “assessments” in Subsection 4-12-21(3) and Sections 4- 12-22, 4-12-24, 4-12-25, 4-12-26, 4-12-29, 4-12-30, 4- 12-34, and 4-12-36, are deemed to include any reduced payment obligations.
(2) “Bonds” or “special improvement bonds” means bonds issued under this chapter payable from assessments and out of the Special Improvement Guaranty Fund established as provided in this chapter. All references to “bonds” or “special improvement bonds” in the following provisions are deemed to include any special improvement refunding bonds:
(d) Sections 4-12-33, 4-12-35, and 4-12-38.
(3) “Connection fee” means a fee charged by the governing body to connect onto the city sewer, water, gas, or electrical system and used for purposes of financing special improvements in a special improvement district or paying for the privilege of using existing improvements of Tooele City and includes a fee charged by the governing body to pay for the costs of connecting onto the city sewer, water, gas, or electrical system even though the improvements are installed on the assessed owner’s property.
(4) “Contract price” means the amount payable to one or more contractors for the making of improvements in a special improvement district under any contract duly let to the lowest responsible bidder or bidders as required by this chapter, including amounts payable for extra or additional work when authorized by the governing body or in accordance with the terms of the contract less appropriate credit for work deleted from the contract when authorized by the governing body or in accordance with the contract.
(5) “Governing body” means the Tooele City Council.
(6) “Incidental refunding costs” means any costs of issuing special improvement refunding bonds and of calling, retiring, or paying prior bonds, including, without limitation, legal fees, accounting fees, charges of fiscal agents, escrow agents and trustees, underwriting discount, printing costs, giving of notices, any premium necessary in the calling or retiring of the prior bonds, and any other costs necessary or desirable in connection with the issuance of special improvement refunding bonds, as determined by the governing body, and any interest on the prior bonds which may be required to be paid in connection with the issuance of the special improvement refunding bonds.
(7) “Municipality” means Tooele City.
(8) “Optional improvements” means improvements in a special improvement district which may be conveniently installed at the same time as other improvements in the district and which the governing body provides may be installed at the option of the property owner on whose property or for whose particular benefit the improvements are made, including, by way of example and not in limitation, private driveways, irrigation ditches, and water turnouts.
(9) “Overhead costs” means the actual costs incurred by a municipality in connection with a special improvement district for engineering, appraisals, legal fees, fiscal agent charges, inspection, publishing and mailing notices, levying assessments, and all other incidental costs relating to the district.
(10) “Prior bonds” means the outstanding special improvement bonds which are refunded by an issue of special improvement refunding bonds.
(11) “Prior ordinance” means the ordinance levying assessments from which the prior bonds and the interest thereon are payable.
(12) “Property” means real property or any interest in real property.
(13) “Property price” means the purchase or condemnation price of property acquired in order to make improvements in a special improvement district.
(14) “Reduced payment obligations” means the reduced amounts of the assessments levied, or the interest thereon established in the prior ordinance, or both, as set forth in the amending ordinance described in Subsection 4-12-27.1(8).
(15) “Special improvement district” or “district” means a district created for the purpose of making improvements under this chapter.
(16) “Special improvement refunding bonds” means any obligations issued to refund any special improvement bonds and payable from the assessments and interest thereon from which the prior bonds are payable, or from any reduced payment obligations and out of the Special Improvement Guaranty Fund as provided in this chapter.
(d) To plant or cause to be planted, set out, cultivate and maintain lawns, shade trees or other landscaping;
(h) To acquire, construct, reconstruct, extend, maintain or repair parks and other recreational facilities;
(Ord. 88-25, 08-03-88)
(b) State the method or methods under which the assessments are proposed to be levied, that is, according to frontage, according to area, according to assessed valuation, according to lot, according to number of connections, or by any combination of these methods.
(c) Describe the district. The description may be by metes and bounds, by reference to streets or extensions of streets, or by any other means reasonably describing the district so as to permit owners of property therein to ascertain that their property is within the district. All property to be assessed shall be included within the district, but it is not a defect if property which is not to be assessed is included. Different areas which are not connected or contiguous may be included in a single special improvement district and separate boundaries for each of these areas may be established, or all or one or more of these areas may be included within a single boundary.
(d) In a general way, describe the improvements proposed to be made showing the places the improvements are proposed to be made and the general nature of the improvements. The improvements may be described by type or kind and the places these improvements are proposed to be made may be described by reference to streets or portions of streets or extensions of streets or by any other means the governing body may choose which reasonably describes the improvements proposed to be made.
(e) State the estimated cost of the improvements as determined by the engineer of the municipality. If the actual cost of the improvements exceeds the estimated cost, the governing body shall nevertheless have the right to levy assessments in excess of the estimated cost.
(f) State that it is proposed to levy assessments on property in the district to pay all or a portion of the cost of the improvements according to the benefits to be derived by the property.
(g) Designate the time within which and the place where protests shall be filed and the time and place at which the governing body will conduct a public hearing to consider these protests.
(h) State the method for determining the necessary number of protests required to be filed under Subsection 4-12-7(3).
(Ord. 88-25, 08-03-88)
(Ord. 88-25, 08-03-88)
(Ord. 88-25, 08- 03-88)
(3) A contract need not be let as provided in this section where the improvements consist of the furnishing of utility services or maintenance of improvements. Such work may be done by the municipality itself. Assessments may be levied for the actual cost incurred by the municipality for the furnishing of such services or maintenance or, in case the work is done by the municipality, to reimburse the municipality for the reasonable cost of supplying such services or maintenance.
(4) A contract need not be let as provided in this section where any labor, materials or equipment to make any of the improvements are supplied by the municipality. Assessments may be levied to reimburse the municipality for the reasonable cost of supplying such labor, materials or equipment.
(Ord. 88-25, 08- 03-88)
(2) Any contract for work in a special improvement district may provide for payments to the contractor as the work progresses. If the contract so provides, payments may be made from time to time to the extent of not to exceed 90% of the value of the work done to the date of payment as determined by estimates of the engineer for the municipality with final payment to be made only after completion of the work by the contractor and acceptance of the work by the municipality. If payments payable to the contractor as the work progresses are retained pursuant to this subsection, they shall be placed in an interest bearing account and the interest shall accrue for the benefit of the contractor and subcontractors. It is the responsibility of the contractor to ensure that any interest accrued on the retainage is distributed by the contractor to subcontractors on a pro rata basis.
(Ord. 88-25, 08-03- 88)
(2) Interim warrants shall bear interest from date of issue until paid at such rate or rates as may be fixed by the governing body. Interest accruing on interim warrants shall be included as a cost of the improvements in the special improvement district.
(3) Interim warrants and interest thereon shall be paid by the issuance of or by proceeds from the sale of special improvement bonds issued against the district or in cash received from the payment of assessments not pledged to the payment of the bonds or from any of such sources.
(Ord. 88-25, 08-03-88)
(Ord. 88-25, 08-03-88)
(1) At any time after all contracts for the making of the improvements have been let, the property price for all property acquired to make the improvements has been finally determined and the reasonable cost of any work to be done by the municipality has been determined; or
(2) For light service or park maintenance, at any time after the light service or park maintenance has commenced; or
(3) At any time after all of the improvements in the special improvement district are entirely completed and accepted.
(c) The property price, if any;
(d) The connection fees, if any;
(e) Interest on interim warrants issued against the special improvement district;
(f) Overhead costs not to exceed 15% of the sum of subsections (1)(a), (1)(b), (1)(c), and (1)(d).
(g) Where the assessment is levied prior to the time all of the improvements in the district are entirely completed and accepted, an amount for contingencies of not to exceed 10% of the sum of subsections (1)(a) and (1)(b).
(b) Where assessments are levied prior to the time all improvements in the district are entirely completed, all costs of making the improvements for which an assessment was not levied; and
(c) The cost of making improvements for the benefit of property against which an assessment may not be levied.
(2) Where improvements in a special improvement district involve changing the grade of a street, alley or sidewalk, one-half of the cost of bringing the street, alley or sidewalk to the established grade shall be paid by the municipality.
(3) Where improvements in a special improvement district involve improvements to the intersections of streets or spaces opposite alleys, assessments may be levied for the cost of such improvements.
(Ord. 88-25, 08-03-88)
(2) An assessment may be levied and enforced against property acquired by a public agency which is within a special improvement district created prior to the acquisition. Property acquired by a public agency which is subject to the lien of an assessment at the time of acquisition shall continue to be subject to such lien and to enforcement of the same against the property if the assessment and interest accruing thereon is not paid when due.
(Ord. 88-25, 08-03-88)
(Ord. 88-25, 08-03-88)
(4) After the hearings have been completed, the board shall consider all facts and arguments presented and shall make those corrections in any proposed assessment as it may consider just and equitable. These corrections may eliminate one or more pieces of property or may increase or decrease the amount of the assessment proposed to be levied against any piece of property. In the event the corrections result in an increase of any proposed assessment, before approving the corrected assessment list, the board shall cause to be mailed to each owner of property whose assessment is to be increased a notice stating that the assessment will be increased, the amount of the proposed new assessment, that a hearing will be held at which the owner may appear and make any objections to the increase, and the time and place of the hearing. The notice shall be mailed to the last known address of the owner using for this purpose the names and addresses appearing on the last completed real property assessment rolls of the county where the affected property is located, and in addition a copy of the notice shall be addressed to “owner” and shall be so mailed addressed to the street number of each piece of improved property to be affected by the increased assessment. If a street number has not been assigned, then the post office box, rural route number, or any other mailing address of the improved property shall be used for the mailing of the notice. The notice shall be mailed at least 15 days prior to the date stated in the notice for the holding of the new hearing.
(Ord. 88-25, 08-03-88)
(Ord. 88-25, 08-03-88)
(Ord. 88-25, 08-03-88)
(Ord. 88-25, 08- 03-88)
(3) After such fifteen-day period and if the ordinance levying the assessment so provides, all unpaid installments of assessments levied against any piece of property (but only in their entirety) may be paid prior to the dates on which they become due, but any such prepayment may include an additional amount equal to the interest which would accrue on the assessment to the next succeeding date on which interest is payable on any special improvement bonds issued in anticipation of the collection of the assessments, plus such additional amount as, in the opinion of the governing body or of any officer of the municipality designated by the governing body, is necessary to assure the availability of money to pay interest on the special improvement bonds as interest becomes due and payable or interest may be charged to the date of prepayment plus any premiums which may become payable on redeemable bonds which may be called in order to utilize the assessments thus paid in advance.
(Ord. 88-25, 08-03-88)
(Ord. 88-25, 08-03-88)
(Ord. 88-25, 08-03-88)
(Ord. 88-25, 08-03-88)
(Ord. 88-25, 08-03-88)
(Ord. 88-25, 08-03-88)
(Ord. 88-25, 08-03-88)
(1) Special improvement refunding bonds shall:
(a) be issued in bearer form with or without interest coupons attached, or in registered form in accordance with Chapter 7, Title 15, the Registered Public Obligations Act, Utah Code Annotated, as determined by the governing body;
(5) (a) Special improvement refunding bonds and the interest thereon shall be payable from and secured by the same assessments and interest thereon from which the prior bonds were payable and were secured, as they may be reduced by the amending ordinance described in Subsection (8), and may be payable from and secured by the Special Improvement Guaranty Fund, and shall be payable from and secured by the Special Improvement Guaranty Fund if the prior bonds were payable from and secured by this fund.
(d) It is the intent of the governing body that there be no impairment of the validity of, or, except with respect to the amounts of these reductions to the original or prior assessments or interest thereon, of the enforceability or priority of any of these assessments, interest thereon, or liens as a result of the amendment of the prior ordinance or the issuance of the special improvement refunding bonds.
(7) Unless the principal of, interest on, and redemption premiums, if any, on the prior bonds are paid simultaneously with the issuance of the special improvement refunding bonds, the municipality shall irrevocably set aside the proceeds of the special improvement refunding bonds in an escrow or other separate account which shall be pledged as security for the payment of the principal of, interest on, and redemption premiums, if any, on the special improvement refunding bonds or the prior bonds, or both.
(8) The amending ordinance referred to in Subsection (5)(b)(i), shall comply with the following:
(a) Subject to the provisions of Subsection (3)(a), the amount by which the principal or interest, or both, payable on the special improvement refunding bonds is less than the amount of principal or interest, or both, payable on the prior bonds shall be applied to reduce the assessments levied by the prior ordinance or the interest payable on those assessments, or both, as determined by the governing body. Any reductions of the assessments levied by the prior ordinance or of interest payable on those assessments, or both, shall be made in such manner that the then unpaid assessments levied against each of the assessed properties and the unpaid interest on these assessments shall receive a proportionate share of the reductions. These reductions do not apply to assessments and interest thereon which have been paid.
(b) The amending ordinance shall state the amounts of the reduced payment obligations for each of the properties assessed in the prior ordinance. It is sufficient if the amending ordinance incorporates by reference a revised assessment list approved by the governing body which contains these reduced payment obligations.
(c) The amending ordinance need not describe each block, lot, part of block or lot, tract, or parcel of property assessed.
(d) The amending ordinance shall be published and shall be effective in accordance with Subsection 4-12-18(1) and, within five days after adopting the amending ordinance, the governing body shall file a copy thereof, together with a copy of the revised assessment list, if it is incorporated by reference in the amending ordinance, with the county recorder’s office in the county where the assessed property is located, to be maintained by the county recorder with the public file of assessment ordinances and assessment lists as provided in Subsection 4-12- 18(3).
(e)The amending ordinance shall state the date or dates on which any reductions in the assessments and the interest thereon levied in the prior ordinance will be effective. The date or dates may not be prior to the date when all of the principal of, interest on, and any redemption premiums on the prior bonds and any advances of funds made under Subsection (3)(a) are fully paid.
(b) addressed to “owner” at the street number of each piece of improved, assessed property. If a street number has not been assigned, then the post office box, rural route number, or any other mailing address of the improved property shall be used for the mailing of the notice. This notice may be included with or in any other notices regarding the payment of assessments and interest thereon sent to the property owners in the district within the time and addressed as stated above. Neither the failure to give notice nor any defect in its content of the manner or time in which it is given shall affect the validity or enforceability of the amending ordinance or the special improvement refunding bonds or the validity, enforceability, or priority of the reduced payment obligations. Whether or not this notice is given, no other notice is required to be given to the owners of the assessed properties in connection with the issuance of the special improvement refunding bonds.
(11) To the extent it is not inconsistent with this chapter, Chapter 27, Title 11, the Utah Refunding Bond Act, Utah Code Annotated, shall apply to the issuance of special improvement refunding bonds. The provisions of this chapter relating to special improvement refunding bonds apply to all special improvement bonds issued and outstanding or which may hereafter be issued and outstanding. This chapter applies to all special improvement refunding bonds issued under this chapter even though the prior bonds which are refunded thereby were issued under any other law, including, without limitation, any law which has been repealed.
(2) Any such action must be commenced and summons must be served on the municipality not later than thirty days after the effective date of the ordinance levying assessments in the special improvement district. Such action shall be the exclusive remedy of any aggrieved party. No court shall entertain any complaint which the party was authorized to make but did not make in a protest filed pursuant to section 4-12-7 or at hearings held pursuant to section 4-12-17 or any complaint that does not go to the equity or justice of the assessment or proceeding.
(3) After the expiration of such thirty-day period:
(a) The special improvement bonds issued or to be issued against the district and the assessments levied in the district shall become incontestable as to all persons who have not commenced the action provided for in this section, and
(b) No suit to enjoin the issuance or payment of the bonds, the levy, collection or enforcement of the assessments or in any other manner attacking or questioning the legality of the bonds or assessments may be instituted in this state and no court shall have authority to inquire into such matters.
(Ord. 88-25, 08-03-88)
(Ord. 88-25, 08-03- 88)
(Ord. 88-25, 08-03-88)
(Ord. 88-25, 08-03-88)
(Ord. 88-25, 08-03-88)
(Ord. 88-25, 08-03-88)
(Ord. 88-25, 08-03-88)
(Ord. 88-25, 08-03-88)
(Ord. 88-25, 08-03-88)
(Ord. 88-25, 08-03-88)
(Ord. 88-25, 08-03-88)
(d) Minimize prolonged business interruptions;
(e) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains;
(f) Help maintain a stable tax base by providing for the sound use and development of flood- prone areas in such a manner as to minimize future flood blight areas; and
(g) Insure that potential buyers are notified that property is in a flood area.
(a) Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities;
(e) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands.
(Ord. 2009-08, 09-16-09); (Ord. 89-21, 09-27-89)
(1) “Alluvial fan flooding” means flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high-velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths.
(3) “Area of shallow flooding” means a designated AO, AH, or VO zone on a community’s Flood Insurance Rate Map (FIRM) with a one percent chance or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
(4) “Area of special flood hazard” is the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. The area may be designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed ratemaking has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A, AE, AH, AO, A1-99, VO, V1-30, VE or V.
(5) “Base flood” means the flood having a one percent chance of being equaled or exceeded in any given year.
(6) “Basement” means any area of the building having its floor sub-grade (below ground level) on all sides.
(7) “Critical Feature” means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised.
(8) “Development” means any man-made change in improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. “Elevated building” means a non-basement building
(a) built, in the case of a building in Zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, to have the top of the elevated floor, or in the case of a building in Zones V1-30, VE, or V, to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the floor of the water and
(b) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, “elevated building” also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters. In the case of Zones V1-30, VE, or V, “elevated building” also includes a building otherwise meeting the definition of “elevated building,” even though the lower area is enclosed by means of breakaway walls if the breakaway walls met the standards of Section 60.3(e)(5) of the National Flood Insurance Program regulations.
(10) “Existing construction” means for the purposes of determining rates, structures for which the “start of construction” commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. “Existing construction” may also be referred to as “existing structures.”
(11) “Existing manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
(12) “Expansion to an existing manufactured home park or subdivision” means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
(13) “Flood or flooding” means a general and temporary condition of partial or complete inundation of normally dry land areas from:
(a) the overflow of inland or tidal waters.
(b) the unusual and rapid accumulation or runoff of surface waters from any source.
(14) “Flood insurance rate map (FIRM)” means an official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
(15) “Flood insurance study” is the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, water surface elevation of the base flood, as well as the Flood Boundary-Floodway Map.
(16) “Floodplain or flood-prone area” means any land area susceptible to being inundated by water from any source (see definition of flooding).
(17) “Floodplain management” means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations.
(18) “Floodplain management regulations” means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
(19) “Flood protection system” means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the areas within a community subject to a “special flood hazard” and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards.
(20) “Flood proofing” means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
(21) “Floodway (regulatory floodway)” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.
(22) “Functionally dependent use” means a use, which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.
(23) “Highest adjacent grade” means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
(24) “Historic structure” means any structure that is:
(a) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
(c) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or
(d) Individually listed on a local inventory or historic places in communities with historic preservation programs that have been certified either:
(i) by an approved state program as determined by the Secretary of the Interior or;
(ii) directly by the Secretary of the Interior in states without approved programs.
(25) ”Levee” means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding.
(26) “Levee system” means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.
(27) “Lowest floor” means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building’s lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirement of Section 60.3 of the National Flood insurance Program regulations.
(28) “Manufactured home” means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term “manufactured home” does not include a “recreational vehicle”.
(29) “Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
(30) “Mean sea level” means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community’s Flood Insurance Rate Map are referenced.
(31) “New construction” means, for the purpose of determining insurance rates, structures for which the “start of construction” commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, “new construction” means structures for which the “start of construction” commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.
(32) “New manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.
(33) “Recreational vehicle” means a vehicle, which is:
(a) built on a single chassis;
(b) 400 square feet or less when measured at the largest horizontal projections;
(c) designed to be self-propelled or permanently towable by a light duty truck; and
(d) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
(34) “Start of construction” (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348)), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
(35) “Structure” means a walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.
(36) “Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
(37) “Substantial improvement” means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before “start of construction” of the improvement. This includes structures, which have incurred “substantial damage”, regardless of the actual repair work performed. The term does not, however, include either:
(b) Any alteration of a “historic structure”, provided that the alteration will not preclude the structure’s continued designation as a “historic structure.”
(38) “Variance” is a grant of relief to a person from the requirement of this ordinance when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this ordinance. (For full requirements see Section 60.6 of the National Flood Insurance Program (NFIP) regulations.).
(39) “Violation” means the failure of a structure or other development to be fully compliant with the community’s floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in NFIP Sections 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.
(40) “Water surface elevation” means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
(2) The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled, “The Flood Insurance Study for the City of Tooele,” dated November 18, 2009, with accompanying Flood Insurance Rate Maps and Flood Boundary-Floodway Maps (FIRM and FBFM) and any revisions thereto are hereby adopted by reference and declared to be a part of this ordinance.
(3) A Development Permit shall be required to ensure conformance with the provisions of this ordinance.
(4) No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this ordinance and other applicable regulations.
(5) This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(6) In the interpretation and application of this ordinance, all provisions shall be:
(a) considered as minimum requirements;
(b) liberally construed in favor of the governing body; and,
(c) deemed neither to limit nor repeal any other powers granted under State statutes.
(7) The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes.
(8) This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder.
(e) The safety of access to the property in times of flood for ordinary and emergency vehicles;
(f) The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems;
(g) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site;
(h) The necessity to the facility of a waterfront location, where applicable;
(i) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;
(j) The relationship of the proposed use to the comprehensive plan for that area.
(f) Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in Section 4-13-4(3)(b) have been fully considered. As the lot size increases beyond the one- half acre, the technical justification required for issuing the variance increases.
(g) Upon consideration of the factors noted above and the intent of this ordinance, the Appeal Board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this ordinance (Section 4-13-1(3)).
(h) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(i) Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
(j) Prerequisites for granting variances:
(i) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(ii) Variances shall only be issued upon:
(A) showing a good and sufficient cause;
(B) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and
(C) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
(i) the criteria outlined in Sections 4-13- 4(4)(a-i) are met, and
(ii) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.
(a) Residential Construction – new construction and substantial improvement of any residential structure shall have the lowest floor (including basement), elevated to or above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the Floodplain Administrator that the standard of this subsection as proposed in Section 4-13-3(3)(a)(i), is satisfied.
(b) Nonresidential Construction – new construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated to or above the base flood level or together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the Floodplain Administrator.
(c) Enclosures – new construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
(i) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.
(ii) The bottom of all openings shall be no higher than one foot above grade.
(iii) Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
(d) Manufactured Homes –
(i) Require that all manufactured homes to be placed within Zone A on a community’s FHBM or FIRM shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces.
(ii) Require that manufactured homes that are placed or substantially improved within Zones A1- 30, AH, and AE on the community’s FIRM on sites
(A) outside of a manufactured home park or subdivision,
(B) in a new manufactured home park or subdivision,,
(C) in an expansion to an existing manufactured home park or subdivision, or
(D) in an existing manufactured home park or subdivision on which a manufactured home has incurred “substantial damage” as a result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
(B) the manufactured home chassis supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
(iii) meet the permit requirements of Section 4-13-4(3)(a), and the elevation and anchoring requirements for manufactured homes” in paragraph (d) of this Section. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.
(b) All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet Development Permit requirements of Section 4-13-3(3); Section 4-13- 4(3); and the provisions of Section 4-13-5 of this ordinance.
(c) Base flood elevation data shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions. Or which is greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to Section 4-13-3(2) or Section 4-13- 4(2)(h) of this ordinance.
(d) All subdivision proposals including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards.
(e) All subdivision proposals including the placement of manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage.
(4) Located within the areas of special flood hazard established in Section 4-13-3(2), are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of 1 to 3 feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply:
(a) All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community’s FIRM (at least two feet if no depth number is specified).
(b) All new construction and substantial improvements of non-residential structures;
(i) have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community’s FIRM (at least two feet if no depth number is specified), or;
(ii) together with attendant utility and sanitary facilities be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy.
(c) A registered professional engineer or architect shall submit a certification to the Floodplain Administrator that the standards of this Section, as proposed in Section 4-13-4(3)(a)(i), are satisfied.
(d) Require within Zones AH or AO adequate drainage paths around structures on slopes, to guide flood waters around and away from proposed structures.
(5) Floodways – located within areas of special flood hazard established in Section 4-13-3(2), are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provisions shall apply:
(a) Encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
(b) If Section 4-13-5(5)(a) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 4-13-5.
(c) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the NFIP regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first applies for a conditional FIRM and floodway revision through FEMA.
(Ord. 2009-08, 09-16-09); (Ord. 89-23, 11-15-89); (Ord. 89-21, 09-27-89)
(2) The purpose of this Chapter is to provide a just, equitable, and practicable method whereby buildings or structures which from any cause endanger the life, limb, health, morals, property, safety, or welfare of the general public or their occupants, may be required to be repaired, vacated, and/or demolished.
(3) The remedies declared in this Chapter are cumulative with and in addition to any other remedy provided by the uniform codes adopted by the City.
(2) “Director of public works” means the Building Official.
(3) “Clerk of this jurisdiction” means the City Recorder.
(4) “Treasurer of this jurisdiction” means the City Treasurer.
(Ord. 2019-32, 12-04-2019) (Ord. 1995-06, 05-19-1995) (Ord. 1994-20, 05-12-1994)
(Ord. 2019-32, 12-04-2019) (Ord. 1995-06, 05-19-1995) (Ord. 1994-20, 05-12-1994)
(2) Unless provided otherwise, securing authorized under a conditional permit to secure shall be commenced within seven days of its issuance. The permit will expire if the work is not completed within 15 days of its issuance.
(Ord. 2019-32, 12-04-2019) (Ord. 1994-20, 05-12-1994)
(1) All openings in the structure on the ground floor or easily accessible from the ground floor shall be secured either by erecting a single one-half-inch-thick layer of plywood sheathing covering over all exterior openings, overlapping the opening on every edge by no more than three inches, anchored along the edges by eight-penny or larger common nails or equivalent screws spaced no more than every six inches.
(2) Alternately, the openings may be secured by conventional wood-frame construction. The frames shall use wood studs of a size not less than two inches by four inches placed not more than 24 inches apart on center. The frame stud shall have the four-inch sides or the wide dimension perpendicular to the face of the wall. Each side of the frame shall be covered with plywood sheathing of at least one-half inch thickness or equivalent lumber nailed over the opening by using eight-penny common nails or equivalent screws spaced no more than every six inches on the outside edges and no more than every twelve inches along intermediate stud supports.
(3) All coverings shall be painted the same color as the building or its trim. Whole glass areas above ground floor are acceptable so long as they remain intact, but if broken, they must be covered as provided in Subsections (1) or (2). Exterior doors shall be secured by a strong non-glass door adequately locked to preclude entry of unauthorized persons, or shall be covered as an opening described in Subsections (1) or (2).
(2) Consistent with the provisions and procedures of U.C.A. 10-11-3 and -4, as amended, and after any established deadlines for the payment of abatement- related fees and costs have passed, the officer may file and record with the Tooele County Recorder and Treasurer a building abatement tax lien and an itemized statement of all such fees and costs.
(3) Upon full payment of all amounts owing under a building abatement tax lien, or upon the entry of an order from the Administrative Hearing Office or a Utah Court declaring the lien amount satisfied, the City shall file and record an appropriate notice of satisfaction and/or release of lien.
(4) The City may pursue all lawful means to recover all penalties, fees, and costs imposed or incurred pursuant to this Chapter.
(2) “Eligible affordable housing units” means
(ii) deed restricted, on a form approved by the City Attorney, in such a manner that:
(A) dwellings are available for purchase or rent-to-own only by those purchasers or tenants whose combined household annual gross income per dwelling is verified by an Authority to be 60% or less of the Tooele County area median income;
(B) dwellings are rent-restricted according to a formula established by an Authority based in part on numbers of dwelling unit bedrooms and on tenant incomes;
(C) dwellings are subject to a compliance period of at least 15 years as part of an extended use period of at least 50 years;
(D) dwellings are maintained in good condition;
(E) dwellings are fully insured for hazards and liability;
(F) requires compliance with the terms and covenants of the deed restriction; and,
(G) requires compliance with Section 42 of the Internal Revenue Code, as amended.
(B) dwellings comply with the requirements of subsection (2)(a)(ii)(B)-(G), above.
(a) Culinary Water Impact Fee.
(i) The City shall collect a parks and recreation impact fee from any applicant seeking a building permit for a new dwelling unit, as follows:
(3) Adjustment of impact fees. Impact fees may be adjusted at the time the fees are charged, as follows:
(a) to ensure that the impact fees are imposed fairly;
(Ord. 2023-18, 05-03-2023) (Ord. 2022-12, 04-06-2022) (Ord. 2020-31, 07-15-2020) (Ord. 2012-02, 03-07-2012) (Ord. 2010-04, 02-17-2010) (Ord. 2007-10, 03-21-2007) (Ord. 2001-36, 01-23-2001) (Ord. 2001-35, 01-23-2001) (Ord. 1999-36, 12-16-1999) (Ord. 1999-10, 4-21-1999) (Ord. 1996-16, 11-20-1996) (Ord. 1996-15, 06-05-1996)
(ii) does not increase the demand for municipal services or the impact upon system improvements.
(b) Alterations to, or expansion, enlargement, remodeling, rehabilitation, or conversion of, an existing primary structure that does not increase the demand for municipal services or the impact upon system improvements.
(3) The fee payer shall pay the cost of the appraisal.
(4) After receiving the appraisal, the Building Official shall provide the applicant with a letter or certificate setting forth the dollar amount of the credit, the reason for the credit, where applicable, the legal description of the land donated, and the legal description or other adequate description of the project or development to which the credit may be applied. The applicant must sign and date a duplicate copy of such letter or certificate indicating the applicant’s agreement to the terms of the letter or certificate, and return such signed document to the Building Official before the impact fee credit will be awarded. The failure of the applicant to sign, date, and return such document within 30 days shall nullify the credit.
(5) Any claim for a credit must be made not later than the time of application for building permit. Any claim not so made shall be deemed waived.
(6) Determinations made by the Building Official pursuant to this section shall be subject to the appeals procedure set forth herein.
(b) Construction of an eligible public facility.
(2) Upon allowing a full or partial waiver under this Section for an eligible public facility, the City Council shall establish one or more sources of funds other than impact fees to pay the amount of impact fees waived for that facility.
(2) Appeals shall be taken within the time constraints identified in U.C.A. Section 11-36a-702, as amended. Appellants shall specify the grounds for the appeal, and deposit the necessary appeal fee, which is set forth in the Tooele City Fee Schedule for appeals of land use decisions.
(3) Appeals shall be filed with the City Recorder. The City Recorder shall fix a time for the hearing of the appeal and give notice to the parties in interest. At the hearing, any party may appear in person or by agent or attorney.
(4) The City Council, or such other body as the City Council shall designate, shall make a decision within 30 days after the appeal is filed. The City Council shall make findings of fact regarding the applicability of the impact fees to a given development activity. The decision of the City Council shall be final, and may be appealed to the Third Judicial District Court for Tooele County.
(5) Certain impact fee payers may request mediation or arbitration under the state Impact Fees Act, U.C.A. 11-36-101 et. seq., as amended.
(2) At the end of each fiscal year, the City shall prepare a report on each fund or account generally showing the source and amount of all monies collected, earned, and received by the fund or account and each expenditure from the fund or account.
(3) The City may expend Impact Fees only for system improvements that are (i) public facilities identified in the City’s capital facilities plans, and (ii) of the specific public facility type for which the fee was collected. Impact fees will be expended on a first-in first-out basis.
(4) Impact Fees collected pursuant to the requirements of this Ordinance are to be expended, dedicated, or encumbered for a permissible use within six (6) years of the receipt of those funds by the City, except as provided in Subsection (5).
(5) The City may hold previously dedicated or unencumbered fees for longer than six (6) years if it identifies in writing (i) an extraordinary and compelling reason why the fees should be held longer than six years, and (ii) an absolute date by which the fees will be expended.
(2) Persons seeking a refund of impact fees must submit a written request for a refund of the fees to the Building Official within 120 days of the date that the right to claim the refund arises.
(3) Any impact fees for which no application for a refund has been made within this 120 day period shall be retained by the City and expended on the type of public facilities for which they were collected.
(4) Refunds of impact fees under this section shall include any interest earned on the impact fees.
(5) When the City seeks to terminate any or all components of an impact fee program, any funds not disbursed, expended, or encumbered from any terminated component or components, including interest earned shall be refunded pursuant to this section. Upon the finding that any or all fee requirements are to be terminated, the City shall place notice of such termination, and the availability of refunds, in a newspaper of general circulation at least 2 times. All funds available for refund shall be retained for a period of 120 days. At the end of the 120 day period, any remaining funds shall be retained by the City, but must be expended on the type of public facilities for which they were collected.
(6) The City shall refund to the current owner of property for which impact fees have been paid all impact fees paid, including interest earned on the impact fees attributable to the particular development activity, within 1 year of the date that a right to claim the refund arises, if (i) the development activity for which the impact fees were imposed did not occur, (ii) no impact resulted, (iii) the impact fees have not been spent or encumbered, and (iv) the owner makes written request for a refund within 120 days of the expiration or abandonment of the permit for development activity.
(a) shall be used for public facilities that reasonably benefit the new development;
(b) shall not be imposed to make up for deficiencies in public facilities serving existing developments; and,
(c) shall not be used for maintenance or operation of public facilities.
(2) Impact fees may be used to recoup costs of designing, constructing, and acquiring public facilities in anticipation of new growth and development to the extent that the development activity will be served by the previously-constructed improvements or the previously incurred costs. Impact fees may used for environmental mitigation.
(3) In the event that bonds or similar debt instruments are or have been issued for the advanced provision of public facilities for which impact fees may be expended, impact fees may be used to pay debt service on such bonds, or similar debt instruments, to the extent that the facilities or improvements provided are consistent with the requirements of this section and are used to serve the development activity.
(2) Any fee payer submitting an independent fee calculation shall pay an administrative processing fee, per calculation, of $100.
(3) Based on the information within the Building Official’s possession, the Building Official may recommend, and the Mayor is authorized to adjust, the impact fee to the specific characteristics of the development activity, and according to principles of fairness. Such adjustment shall be preceded by written findings justifying the fee.
(4) Determinations made by the Building Official pursuant to this section may be appealed subject to the procedures set forth herein.
Nothing in this ordinance shall preclude adoption and enforcement of policies that are consistent with the stated purposes of the APWA Standards.
(Ord. 2015-07, 03-18-2015) (Ord. 2003-06, 02-05-03) (Ord. 1998-08, 03-04-1998) (Ord. 1995-11, 06-03-1995)
(Ord. 2015-07, 03-18-2015)
(Ord. 2015-07, 03-18-2015) (Ord. 1998-08, 03-04-1998) (Ord. 1995-11, 06-03-1995)
(2) In addition to the civil penalty, the violator shall be required to correct the violation at the violator’s cost.
(3) Each day of violation shall be a separate violation subject to an additional civil penalty.
(Ord. 2020-12, 04-15-2020)
(Ord. 2009-16, 03-17-2010) (Ord. 1998-09, 05-06-1998) (Ord. 1983-22, 12-07-1983)
Business License Specialist: an employee of the (August 7, 2017) 5-2 Community Development Department tasked with business license activities under this Title.
City: The municipality of the City of Tooele, Utah.
Contractor: Any person who, for a fixed sum, price, fee percentage or other compensation, other than wages, undertakes with another to improve any building, highway, road, improvement of any kind, other than to personalty or any part thereof; provided, that the term “contractor” as used in this Title shall include any one who builds more than one (1) structure on his own property during any one (1) year for the purpose of sale and shall include subcontractor, but shall not include anyone who merely furnished materials or supplies without fabricating the same into, or consuming the same in the performance of the work of the contractor as herein defined.
Department: the Community Development Department.
Director: the Director of the Community Development Department.
Division: Business license division of the Community Development Department.
Employee: The operator, owner, or manager of a place of business; any person or person employed by an operator, owner, or manager in the operation of a place of business, whether part-time or full-time.
Engage in business or conduct business: Includes, but is not limited to, the sale of tangible personal property at retail or wholesale, the manufacturing of goods or property, and the rendering of services to others for a consideration by persons engaged in any trade, craft, business, or occupation, including doctors, lawyers, accountants, dentists, etc., where a place of business is located within Tooele City. The act of employees rendering services to employers shall not be included in such terms unless otherwise specifically prescribed.
License and Active License: Certificate or document issued by the City evidencing permission or authority to its named holder to engage in, conduct, and carry on a particular business or to pursue a particular occupation within the City.
Licensee: The person to whom a license has been issued pursuant to the provisions of this Title.
Organized event: The Tooele Arts Festival, the Festival of the Old West, and similar such events.
Permit: A written license or instrument issued by the City authorizing and empowering the grantee thereof to some act not forbidden by law but not allowable without such authority.
Person: Any individual or natural person, receiver, assignee, trustee in bankruptcy, trust, firm, partnership, joint venture, corporation, club, company, business trust, association, society or other group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit or otherwise.
Place of business: A location maintained or operated by a licensee within the City from which the licensee engages in business.
(Ord. 2019-26, 11-20-2019) (Ord. 2017-08, 02-15-2017) (Ord. 2017-02, 02-01-2017) (Ord. 2012-27, 12-05-2012) (Ord. 2009-16, 03-17-2010) (Ord. 1998-09, 05-06-1998) (Ord. 1983-22, 12-07-1983)
(1) It shall be the responsibility of a person engaging in business within the City to apply for, obtain, and maintain in full force and effect a valid license. The application shall be issued by the Department, and shall contain the following information: business name, business address, business mailing address and telephone number, business owner’s name, applicant’s home address and home telephone number; and one (1) character reference.
(2) Separate licenses shall not be required for persons who engage in business with others as a partnership or corporation legally constituted.
(3) For organized events, the organizing or sponsoring organization shall obtain the license. Individual businesses participating in the events, with the authorization of the organizing or sponsoring organization, shall not be required to obtain individual business licenses to sell products or otherwise engage in business at the events. The licensed organization shall regulate the number and type of businesses pursuant to the organization’s event policies, consistent with any Tooele City policies.
(4) All independent contractors engaged in or conducting business must obtain a business license.
(Ord. 2019-26, 11-20-2019) (Ord. 2017-08, 02-15-2017) (Ord. 2017-02, 02-01-2017) (Ord. 2009-16, 03-17-2010) (Ord. 1983-22, 12-07-1983)
(Ord. 2009-16, 03-17-2010) (Ord. 1983-22, 12-07-1983)
(Ord. 2009-16, 03-17-2010) (Ord. 1983-22, 12-07-1983)
(Ord. 2017-18, 05-17-2017) (Ord. 2009-16, 03-17-2010) (Ord. 2002-05, 04-03-2002) (Ord. 1983-22, 12-07-1983)
(2) Existing businesses. Existing places of business licensed within the City may be inspected periodically by departments of the City, annually upon the City’s own initiative or upon the City receiving a complaint of alleged noncompliance, for compliance with building, fire, health, and other City codes, ordinances, and regulations.
(3) Notice of noncompliance. Written notice shall be given by the Department to a licensee upon the finding of any code noncompliance, which notice shall provide for a reasonable period not to exceed sixty (60) days in which to correct such noncompliance, the failure of which may result in the revocation of the license by the Department Director, the license non-renewal, or other civil and criminal penalties.
(4) Business license renewal. No business license shall be renewed where a civil, administrative, or criminal proceeding has made a finding of noncompliance with City codes, ordinances, or regulations and all appeal periods have expired. A license may be reinstated or renewed upon the cure of the noncompliance, verified by City inspection. The payment of a business license renewal fee by a noncompliant business shall not estop the City from revoking a business license, or refusing to renew a business license, due to such noncompliance.
(Ord. 2019-26, 11-20-2019) (Ord. 2014-07, 06-04-2014) (Ord. 2009-16, 03-17-2010) (Ord. 1983-22, 12-07-1983)
(Ord. 2019-26, 11-20-2019) (Ord. 2009-16, 03-17-2010) (Ord. 1983-22, 12-07-1983)
(Ord. 2009-16, 03-17-2010) (Ord. 2003-31, 12-03-2003) (Ord. 1998-09, 05-06-1998) (Ord. 1983-22, 12-07-1983)
(Ord. 2009-16, 03-17-2010) (Ord. 1983-22, 12-07-1983)
(Ord. 2009-16, 03-17-2010) (Ord. 1983-22, 12-07-1983)
(2) Any fee remaining unpaid as of February 1 shall have added thereto a penalty in the amount of fifty percent (50%) of the total amount of the license fee due.
(3) By March 1 of each year, the Department shall send a final notice to each licensee whose annual license fee remains unpaid. The notice shall inform the licensee that if the fee and accrued penalty are not paid by March 15, the Department will place the license in an inactive status.
(4) If the fee and penalty remain unpaid after March 15, the Department shall notify the licensee by first-class mail that the license is inactive and that the licensee cannot engage in further business within the city until the licensee pays the fee and accrued penalty.
(5) The Business License Specialist is empowered to enter onto business premises during business hours of operation to make observations regarding the activity of a business whose business license has been deactivated or revoked.
(Ord. 2019-26, 11-20-2019) (Ord. 2009-16, 03-17-2010) (Ord. 2006-20, 09-06-2006) (Ord. 1998-09, 05-06-1998) (Ord. 1983-22, 12-07-1983)
(Ord. 2009-16, 03-17-2010) (Ord. 1983-22, 12-07-1983)
(Ord. 2019-26, 11-20-2019) (Ord. 2009-16, 03-17-2010) (Ord. 1983-22, 12-07-1983)
(Ord. 1983-22, 12-07-1983)
(Ord. 2019-26, 11-20-2019) (Ord. 2009-16, 03-17-2010) (Ord. 1983-22, 12-07-1983)
(Ord. 2019-26, 11-20-2019) (Ord. 2009-16, 03-17-2010) (Ord. 1983-22, 12-07-1983)
(Ord. 2019-26, 11-20-2019) (Ord. 2009-16, 03-17-2010) (Ord. 1983-22, 12-07-1983)
(Ord. 2023-08, 03-15-2023) (Ord. 2009-16, 03-17-2010) (Ord. 1987-24, 01-02-1988) (Ord. 1983-22, 12-07-1983)
(Ord. 2013-07, 04-17-2013) (Ord. 2009-16, 03-17-2010) (Ord. 1983-22, 12-07-1983)
(2) Any license issued pursuant to the provisions of this Title may be revoked for one year by the Director for any of the following reasons:
(a) the violation by the licensee of any provisions in this Title;
(b) failure to pay when due any license fee, tax, charge, or penalty provided for in State statute or City ordinance;
(c) falsification of the license application or supporting documentation provided with the license application;
(d) any fraud or misrepresentation of a material fact in the procurement of the license;
(e) noncompliance with building, fire, or health codes;
(f) any conduct at the licensed premises tending to render the licensed premises, business, or activity a private or public nuisance as defined in this Code, or a menace to the health, peace, or general welfare of the City or its inhabitants;
(g) using or possessing for use a false weight or measure or any other device for falsely determining or recording any quantity or quality;
(h) selling, or offering or exposing for sale, commodities that vary from the standard of composition or quality prescribed by any statute that provides criminal penalties for:
(i) deviation from standards set by any statute;
(ii) deviation from standards set by established commercial usage; or,
(iii) deviation from legal requirements for truthfulness or disclosure in labeling as required by any statute;
(i) activities, under the guise of conducting a business, that are fraudulent, deceptive, or constituting a violation of City ordinance or other law;
(j) failure of the licensee to retain the legal qualifications necessary for the license;
(k) violation of the zoning ordinances governing the licensed business or activity, including parking ordinance requirements;
(l) conviction of a felony or any crime of moral turpitude on or related to the licensed business or activity after the issuance of a license;
(m) refusal to allow City officers or employees to make inspection of the licensed premises during the hours of 8 a.m. to 5 p.m. Monday through Friday;
(n) selling, or offering or exposing for sale, to minors any harmful material, sexually oriented material, or sexual paraphernalia, as defined in Section 11-1-10 of this Code;
(o) violation of any of the terms or conditions of a conditional use permit; and,
(p) any violation of City ordinance or other law relating to the licensed business or activity.
(3) An action or omission constituting grounds for revocation under this Section by an agent, employee, officer, operator, owner, or patron of the licensee or the licensed business or activity shall constitute the action or omission of the licensee.
(4) Notification of the Director’s preliminary determination to revoke a business license shall be mailed by the Department by certified U.S. mail to the licensed business at the mailing address identified on the business license application.
(5) Notification of business license revocation shall be mailed by the Department by certified U.S. mail to the licensed business:
(a) if no timely appeal of the preliminary revocation determination was filed, at the mailing address identified on the business license application; or,
(b) if a timely appeal of the preliminary revocation determination was filed, and the determination was sustained by the Administrative Hearing Officer, at the address identified on the appeal.
(Ord. 2019-26, 11-20-2019) (Ord. 2014-01, 01-15-2014) (Ord. 2013-07, 04-17-2013) (Ord. 2012-13, 04-18-2012) (Ord. 2009-16, 03-17-2010) (Ord. 1987-24, 01-02-1988) (Ord. 1983-22, 12-07-1983)
Appeals of actions taken or decisions made under this Chapter shall be to the Administrative Hearing Officer.
(Ord. 2014-01, 01-15-2014) (Ord. 2013-07, 04-17-2013) (Ord. 2009-16, 03-17-2010) (Ord. 1983-22, 12-07-1983)
(Ord. 2023-08, 03-15-2023) (Ord. 2009-16, 03-17-2010) (Ord. 1983-22, 12-07-1983)
(a) engage in business without first procuring a license;
(b) engage in business when a license for the business has been revoked, and the revocation appeal period has expired or an appeal has resulted in the revocation being affirmed;
(c) engage in business when a license has become inactive through the non-payment of applicable license fees and accrued penalties; and,
(d) fail to display the license at the licensed place of business, or, if there is no fixed place of business, fail to carry the license while engaging in business.
(a) first violation: $100 fine;
(b) second violation: $250 fine;
(c) third and subsequent violations: $500 fine.
(3) Criminal. In addition to the civil penalties provided in this Section, a violation of this Chapter may be charged and prosecuted as a class C misdemeanor.
(Ord. 2009-16, 03-17-2010) (Ord. 1983-22, 12-07-1983)
(2) A person desiring to appeal a civil citation shall file the appropriate application, obtained from the Tooele City Community Development Department, with the Department Director. Any applicable fee shall be paid to the Tooele City Finance Department at the time of filing. The Director shall review the application for completeness and fee payment and forward it to the City Recorder, who shall set a hearing with the administrative hearing officer. The City Recorder shall notify the applicant of the date and time of the hearing.
(3) The powers and duties of the administrative hearing officer and the standards of review to be followed in deciding appeals are identified in Tooele City Code Chapter 1-28.
(Ord. 2024-22, 08-21-2024)
(Ord. 2024-22, 08-21-2024) (Ord. 1983-22, 12-07-1983)
(Ord. 2019-26, 11-20-2019) (Ord. 2012-32, 12-05-2012) (Ord. 1983-22, 12-07-1983)
(1) The name of the applicant, his residence and the address of the proposed place of sale;
(2) A statement that neither fraud nor deception of any kind is contemplated nor will the same be practiced and that neither the sale, the reasons given therefor, nor the goods to be sold have been or will thereafter be fraudulently or falsely advertised or in any way whatsoever misrepresented as far as the public auction is concerned;
(3) Detailed statements or representations proposed to be made or advertised regarding the goods to be sold;
(4) The length of time for which the license is desired;
(5) A statement as to whether or not the applicant has previously engaged in a like or similar business, designating the place and time where the same was conducted; and,
(6) A true and correct detailed inventory listing the articles proposed to be sold by auction and giving any identifying numbers or marks which may be upon the articles to be sold, indicating opposite the description of each article whether the same is new or used, and listing each of the articles described in said inventory with a number; provided, however, that no articles need be listed in the inventory which have a reasonably anticipated retail value or fifty dollars ($50.00) or less.
(Ord. 2012-32, 12-05-2012) (Ord. 1983-22, 12-07-1983)
(Ord. 2012-32, 12-05-2012) (Ord. 1983-22, 12-07-1983)
(Ord. 2012-32, 12-05-2012) (Ord. 1983-22, 12-07-1983)
(Ord. 2012-32, 12-05-2012) (Ord. 1983-22, 12-07-1983)
(Ord. 2012-32, 12-05-2012) (Ord. 1983-22, 12-07-1983)
(Ord. 2012-32, 12-05-2012) (Ord. 1983-22, 12-07-1983)
(2) Transient auction houses and auction house owners shall be subject to the following additional requirements and regulations:
(a) Section 5-7a-2 (License required – Display) regarding license display;
(b) Section 5-7a-3 (Application for license);
(c) Section 5-7a-4 (Fee) for each owner, agent, and employee assisting with or participating in the transient auction house operation in Tooele City;
(d) Section 5-7a-5 (Review of application and issuance of license);
(e) Section 5-7a-6 (Denial of license and right of appeal);
(f) Section 5-7a-7 (Photographs and identity badges) for each owner, agent, and employee assisting with or participating in the transient auction house operation in Tooele City;
(g) Section 5-7a-8 (Inspections); and,
(h) Section 5-7a-9 (Deceptive soliciting practices prohibited).
(Ord. 2012-32, 12-05-2012) (Ord. 1983-22, 12-07-1983)
(Ord. 2019-26, 11-20-2019) (Ord. 2012-32, 12-05-2012) (Ord. 1983-22, 12-07-1983)
(Ord. 2019-26, 11-20-2019) (Ord. 2012-32, 12-05-2012) (Ord. 1983-22, 12-07-1983)
Licenses issued pursuant to this Chapter may be revoked by the City pursuant to Sections 5-1- 28 and -29. Upon revocation of the license, the licensee shall cease to operate thereunder.
(Ord. 2019-26, 11-20-2019) (Ord. 2012-32, 12-05-2012) (Ord. 1983-22, 12-07-1983)
(Ord. 2024-22, 08-21-2024) (Ord. 2012-32, 12-05-2012) (Ord. 1983-22, 12-07-1983)
(1) Sale. “Sale” shall mean:
(a) Any sale of, or any offer to sell to the public or any group thereof, goods, wares or merchandise in order, in transit or in stock, in connection with a declared purpose as set forth by advertising that such sale is anticipatory to or for the purpose of termination, liquidation, revision, windup, anticipatory removal, dissolution or abandonment of the business or that portion of the business conducted at any location; and,
(b) All sales advertised in any manner calculated to convey to the public the belief that upon the disposal of the goods to be placed on sale, the business or that portion thereof being conducted at any location will cease, be removed, interrupted, discontinued or changed; and,
(c) All sales advertised to be “Adjustor’s Sale”, “Assignee’s Sale”, “Administrator’s Sale”, “Closing Sale”, “Creditor’s Sale”, “End Sale”, “Forced Out of Business Sale”, “Going Out of Business Sale”, “Insurance Salvage Sale”, “Last Days Sale”, “Lease Expires Sale”, “Liquidation Sale”, “Removal Sale”, “Reorganization Sale”, “Quitting Business Sale”, “We Quit Sale”, “Wholesale Closing Out Sale”, “Fixtures Sale”, or advertised by any other expression or characterization or phrase of like or similar language which would reasonably convey to the public that the sale is being conducted as a result of such occurrences as enumerated above, which are not intended to be all inclusive but refer to type or class of sale.
(Ord. 1987-11, 05-12-1987)
(Ord. 2019-26, 11-20-2019) (Ord. 2012-33, 12-05-2012)
(2) Only 1 Sale may be conducted in any calendar year.
(Ord. 2012-33, 12-05-2012)
(Ord. 2024-22, 08-21-2024) (Ord. 2012-33, 12-05-2012)
(Ord. 2012-34, 12-05-2012); (Ord. 1983-22, 12-07-1983)
(Ord. 1983-22, 12-07-1983)
(Ord. 1983-22, 12-07-1983)
(Ord. 1983-22, 12-07-1983)
(Ord. 2011-20, 12-07-2011); (Ord. 1983-22, 12-07-1983)
(Ord. 2024-22, 08-21-2024) (Ord. 1983-22, 12-07-1983)
(Ord. 2017-19, 09-06-2017) (Ord. 2012-36, 12-05-2012) (Ord. 1983-22, 12-07-1983)
(Ord. 2017-19, 09-06-2017) (Ord. 2012-36, 12-05-2012) (Ord. 1983-22, 12-07-1983)
(Ord. 2017-19, 09-06-2017) (Ord. 2012-36, 12-05-2012) (Ord. 1987-24, 01-02-1988) (Ord. 1983-22, 12-07-1983)
(Ord. 2017-19, 09-06-2017) (Ord. 2012-36, 12-05-2012) (Ord. 1983-22, 12-07-1983)
(Ord. 2017-19, 09-06-2017) (Ord. 2012-36, 12-05-2012) (Ord. 1983-22, 12-07-1983)
(Ord. 2017-19, 09-06-2017) (Ord 2012-36, 12-05-2012) (Ord. 1987-24, 01-02-1988) (Ord. 1983-22, 12-07-1983)
(Ord. 2024-22, 08-21-2024) (Ord. 2017-19, 09-06-2017) (Ord. 2012-36, 12-05-2012) (Ord. 1983-22, 12-07-1983)
(1) “Agricultural vendor” means a person engaged in the sale of fruits and/or vegetables from stands, motor vehicles, or roadsides.
(2) “Itinerant” or “transient merchant” means any person who offers for sale at wholesale or retail any goods, wares or merchandise in or from any hotel, stall, tent, building, structure, stand, railroad car, motor vehicle, field, corner or other place and who does not occupy that place for the purpose of conducting a permanent business thereon or therein.
(3) “Solicitor” means any person selling, offering for sale or taking orders for merchandise or services door to door within the City. Solicitors include, but are not limited to, photographers, sellers of magazines, cosmetics, home care products, and any other person engaged in direct sales, but specifically excluding newspaper carriers.
(4) “Merchandise” includes all goods, food, wares, photographs, subscriptions to any kind of publication, tickets, coupons or receipts representing value.
(Ord. 2007-17, 6-20-2007)
(3) Agricultural vendors who sell fruits and vegetables produced and sold from their own homes or property immediately adjoining their own homes are exempt from licensing and the payment of license fees under this Chapter.
(Ord. 2007-17, 6-20-2007)
(1) Contact information, including the applicant’s true, correct and legal name, former names or aliases used during the last ten (10) years; the applicant’s telephone number, home address and mailing address, if different; and the address to which all notices are to be sent.
(2) Proof of identity by a valid driver license issued by any state, valid passport issued by the United States, valid identification card issued by any state, or a valid identification card issued by a branch of the United States military.
(3) Proof of registration with the Department of Commerce either by the applicant or the entity which the applicant is representing.
(4) Marketing information, including the nature of merchandise offered by the applicant, whether the goods will be offered door to door, and whether the merchandise will be simultaneously exchanged at the time of payment.
(5) If the applicant is a solicitor, responses to the following questions regarding disqualifying conditions as follows:
(a) Has the applicant been criminally convicted of felony homicide, physically abusing, sexually abusing, or exploiting a minor, sale or distribution of controlled substances, or sexual assault of any kind?
(b) Are any criminal charges currently pending against the applicant for felony homicide, physically abusing, sexually abusing, or exploiting a minor, sale or distribution of controlled substances, or sexual assault of any kind?
(c) Has the applicant been criminally convicted of a felony within the last ten (10) years?
(d) Has the applicant been incarcerated in a federal or state prison within the past five (5) years?
(e) Has the applicant been criminally convicted of a misdemeanor within the past five (5) years involving a crime of moral turpitude, or violent or aggravated conduct involving persons or property?
(f) Has a final civil judgment been entered against the applicant within the last five (5) years indicating that the applicant had either engaged in fraud, or intentional misrepresentation?
(g) Is the applicant currently on parole or probation to any court, penal institution, or governmental entity, including being under house arrest or subject to a tracking device?
(h) Does the applicant have an outstanding arrest warrant from any jurisdiction?
(i) Is the applicant currently subject to a protective order based on physical or sexual abuse issued by a court of competent jurisdiction?
(7) In addition to furnishing the information requested on the application, each applicant for a solicitor’s license shall submit a copy of the applicant’s current criminal history on file at the Utah Department of Public Safety Bureau of Criminal Identification.
(8) Each applicant for an agricultural vendor license shall, prior to doing business, obtain a letter from the city building inspector indicating that the inspector has reviewed the plan for point of sale and that adequate and safe parking exists there. Upon receiving the letter, agricultural vendors exempt from licensing may commence business. Upon presenting the letter from the building inspector to the Department, a nonexempt applicant may then fill out and file with the Department a business license application.
(Ord. 2019-26, 11-20-2019) (Ord. 2007-17, 6-20-2007)
(Ord. 2007-17, 6-20-2007)
(2) The Department shall issue a business license to the applicant if the information is complete and verified and the license fee has been paid.
(3) The license shall show the name of the licensee and the business permitted to be carried on thereunder, the place where the licensed business is to be carried on if at a fixed place, and the date of expiration of such license.
(4) Licenses issued pursuant to this Chapter shall expire on December 31 of each year.
(Ord. 2019-26, 11-20-2019) (Ord. 2007-17, 6-20-2007)
(b) The applicant has answered affirmatively to any of the questions set forth in Section 5-7a-3(5).
(c) The applicant fails to pay the requisite fee.
(2) Appeal of actions taken or decisions made under this Chapter shall be to the Administrative Hearing Officer.
(Ord. 2019-26, 11-20-2019) (Ord. 2013-07, 04-17-2013) (Ord. 2007-17, 6-20-2007)
(Ord. 2019-26, 11-20-2019) (Ord. 2017-22, 06-21-2017) (Ord. 2007-17, 6-20-2007)
(Ord. 2012-35, 12-05-12); (Ord. 2007-17, 6-20-2007)
(b) The name and address of the entity with whom the solicitor is associated; and,
(c) The purpose of the solicitor’s contact with the person.
(Ord. 2007-17, 6-20-2007)
(2) The display of such sign or placard shall be deemed to constitute notice to any solicitor that the inhabitant of the residence does not desire to receive and/or does not invite solicitors.
(Ord. 2007-17, 6-20-2007)
(2) A solicitor shall not knock on the door, ring the doorbell, or in any other manner attempt to attract the attention of an occupant of a residence that bears a “No Solicitation” sign or sign or placard of similar import for the purpose of selling or attempting to sell merchandise or services. Possession of a license does not relieve any solicitor of this duty.
(3) A solicitor shall not attempt through ruse, deception, or fraudulent concealment to secure an audience with an occupant at a residence.
(4) A solicitor shall not intentionally or recklessly make any physical contact with, or touch another person without the person’s consent.
(5) A solicitor shall not follow a person into a residence without the person’s express consent.
(6) A solicitor who is at any time asked by an occupant of a residence or dwelling to leave shall immediately and peacefully depart.
(7) A solicitor shall not continue to attempt to sell or offer to sell merchandise or services after the person to whom the solicitor is speaking has clearly communicated the person’s lack of interest in the solicitor’s merchandise or services.
(8) A solicitor shall not knock on the door of a residence between the hours of 9:00 p.m. and 9:00 a.m.
(Ord. 2016-09, 07-06-2016) (Ord. 2007-17, 6-20-2007)
(Ord. 2024-22, 08-21-2024) (Ord. 2007-17, 6-20-2007)
(Ord. 2016-10, 07-06-16) (Ord. 2010-07, 06-15-2010) (Ord. 1988-19, 07-06-1988)
(2) For organized events, the organizing or sponsoring organization shall obtain the license. The individual food vendors shall not be required to obtain individual business licenses to sell food or food products at the event. The licensed organization shall regulate the number and type of vendors, and vendor activities, pursuant to the organization’s event policies, consistent with any Tooele City policies.
(3) All food vendors shall be required to comply with applicable state and local health regulations and to obtain all required state and local health permits.
(4) A business license issued pursuant to this Chapter shall be issued under and governed by the provisions of Chapter 1 of this Title.
(Ord. 2016-10, 07-06-16) (Ord. 2010-07, 06-15-2010) (Ord. 1988-19, 07-06-1988)
(a) The name and address of the applicant.
(b) The location where the applicant proposes to sell food.
(c) The types of food proposed to be sold.
(d) A description of any buildings or equipment, owned by the city, desired to be used by the concessionaire.
(e) The equipment that the concessionaire plans to use, including not only food preparation and food serving equipment but also any cart or building proposed to be used in the operation.
(f) A plan for removing trash from, and otherwise cleaning, the site of the food product preparation and sale.
(Ord. 2016-10, 07-06-16) (Ord. 2010-07, 06-15-2010) (Ord. 1988-19, 07-06-1988)
(Ord. 2019-26, 11-20-2019) (Ord. 2016-10, 07-06-16) (Ord. 2010-07, 06-15-2010) (Ord. 1988-19, 07-06-1988)
(Ord. 2016-10, 07-06-16) (Ord. 2010-07, 06-15-2010) (Ord. 1988-19, 07-06-1988)
(Ord. 2016-10, 07-06-16) (Ord. 2010-07, 06-15-2010) (Ord. 1988-19, 07-06-1988)
(2) A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
(Ord. 2024-22, 08-21-2024) (Ord. 2016-10, 07-06-16) (Ord. 1988-19, 07-06-1988)
(Ord. 90-03, 03-15-90)
(2) It is the purpose of this chapter to conform the sales and use tax of the city to the requirements of the Sales and Use Tax Act, Chapter 12 of Title 59, Utah Code Annotated, 1953, as amended.
(Ord. 90-03, 03- 15-90)
(Ord. 90-03, 03-15-90)
(b) An excise tax is hereby imposed on the storage, use, or other consumption in this city of tangible personal property from any retailer on or after the operative date of this chapter at the rate of one percent of the sales price of the property.
(c) For the purpose of this chapter all retail sales shall be presumed to have been consummated at the place of business delivered by the retailer or his agent to an out-of-state destination or to a common carrier for delivery to an out-of-state destination. In the event a retailer has no permanent place of business, the place or places at which the retail sales are consummated shall be as determined under the rules and regulations prescribed and adopted by the State Tax Commission. Public utilities as defined by Title 54, Utah Code Annotated, 1953, shall not be obligated to determine the place or places within the city where public utilities services are rendered, but the place of sale or the sales tax revenue arising from such service allocable to the city shall be as determined by the State Tax Commission pursuant to an appropriate formula and other rules and regulations to be prescribed and adopted by it.
(c) If an annual license has been issued to a retailer under Section 59-12-106 of the Utah Code Annotated, 1953, an additional license shall not be required by reason of this section.
(d) There shall be excluded from the purchase price paid or charged by which the tax is measured:
(i) the amount of any sales or use tax imposed by the state of Utah on a retailer or consumer;
(ii) the gross receipts from the sale of or the cost of storage, use or other consumption of tangible personal property upon which a sales or use tax has become due by reason of the same transaction to any other municipality and any county in the state of Utah, under the sales or use tax ordinance enacted by that county or municipality in accordance with the Sales and Use Tax Act.
(Ord. 90-03, 03-15-90)
(Ord. 90-03, 03-15-90)
(Ord. 90-03, 03-15-90)
(2) Businesses which provide cable television services within Tooele City shall pay a license tax which shall be calculated as a percentage of gross revenue derived from the sale or use of public utility services; the rate of taxation shall be specified in the cable television franchise ordinance (Ord. 91-18).
(3) As used in this part:
(a) “Gross revenue” means the revenue derived from the sale and use of public utility services within Tooele City.
(b) “Public utility service” for purposes of this chapter means the sale and use of cable television services.
(Ord. 2004-08, 06-16-04); (Ord. 98-44, 12-16-98); (Ord. 97-26, 06-18-97); (Ord. 87-14, 07-30-87)
(Ord. 97-26, 06-18-97); (Ord. 87-14, 07-30-87)
(Ord. 97-26, 06-18-97); (Ord. 87-14, 07-30-87)
(2) “Contractual Franchise Fee” means:
(a) a fee:
(i) provided for in a franchise agreement; and,
(ii) that is consideration for the franchise agreement; or,
(ii) any combination of subsections (2)(a) or (2)(b).
(ii) any transportation, freight, customer demand charges, service charges, or other costs typically incurred in providing taxable energy in usable form to each class of customer in the municipality,
(b) a tax similar to a franchise tax; or
(c) any combination of subsections (a) or (b).
(7) “Person” includes any individual firm, partnership, joint venture, association, corporation, estate, trust, business trust, receiver, syndicate, this state, any county, city, municipality, district, or other local governmental entity of the state, or any group or combination acting as a unit.
(8) “Sale” means any transfer of title, exchange, or barter, conditional or otherwise, in any manner, of taxable energy for a consideration. It includes:
(Ord. 97-26, 06-18-97)
(1) The tax shall be calculated on the delivered value of the taxable energy to the consumer.
(2) The tax shall be in addition to any sales or use tax on taxable energy imposed by Tooele City authorized by Title 59, Chapter 12, Part 2 of the Utah Code Annotated, The Local Sales and Use Tax Act.
(Ord. 97-26, 06-18-97)
(Ord. 97-26, 06-18-97)
(2) An energy supplier shall pay the Municipal Energy Sales and Use Tax revenues collected from consumers directly to Tooele City, monthly if:
(a) Tooele City is the energy supplier; or,
(b) (i) the energy supplier estimates that the municipal energy sales and use tax collected annually from its Utah consumers equals $1,000,000 or more; and,
(ii) the energy supplier collects the Municipal Energy Sales and Use Tax.
(Ord. 97-26, 06-18-97)
(b) Wherever, and to the extent that in Part 1, Chapter 12, Title 59, Utah Code Annotated 1953, as amended, the State of Utah is named or referred to as the “taxing agency,” the name of Tooele City shall be substituted, insofar as is necessary for the purposes of that part, as well as Part 3, Chapter 1, Title 10, Utah Code Annotated 1953, as amended. Nothing in this subparagraph (b) shall be deemed to require substitution of the name Tooele City for the word “State” when that word is used as part of the title of the State Tax Commission, or of the Constitution of Utah, nor shall the name of Tooele City be substituted for that of the State in any section when the result of such a substitution would require action to be taken by or against Tooele City or any agency thereof, rather than by or against the State Tax commission in performing the functions incident to the administration or operation of this Chapter.
(c) Any amendments made to Part 1, Chapter 12, Title 59, Utah Code Annotated 1953, as amended, which would be applicable to Tooele City for the purposes of carrying out this Chapter are hereby incorporated herein by reference and shall be effective upon the date that they are effective as a Utah statute.
(Ord. 97-26, 06-18-97)
(Ord. 97-26, 06-18-97)
(Ord. 97-26, 06-18-97)
(1) “Commission” means the State Tax Commission.
(2) (a) Subject to Subsections (2) (b) and (c), “customer” means the person who is obligated under a contract with a telecommunications provider to pay for telecommunications service received under the contract.
(10) (a) Subject to Subsections (10) (b) and (10) (c), “telecommunications provider” means a person that:
(i) that originates and terminates within the boundaries of one state; and
(ii) only to the extent permitted by the Mobile Telecommunications Sourcing Act, 4 U.S.C. Sec. 116 et seq.
(Ord. 2004-08, 06-16-04)
(Ord. 2004-08, 06-16-04)
(Ord. 2007-14, 04-04-2007); (Ord. 2004-08, 06-16-04)
(b) a regular general election; or
(c) a local special election.
(Ord. 2004-08, 06-16-04)
(Ord. 2004-08, 06-16-04)
(Ord. 2004-08, 06-16-04)
(Ord. 2004-08, 06-16-04)
(Ord. 2004-08, 06-16-04)
(Ord. 2004-08, 06-16-04)
(Ord. 83-22, 12-07-83)
(Ord. 83-22, 12-07-83)
(Ord. 83-22, 12-07-83)
(Ord. 83- 22, 12-07-83)
(Ord. 83-22, 12-07-83)
(Ord. 83-22, 12-07-83)
(Ord. 83- 22, 12-07-83)
(Ord. 83-22, 12-07-83)
(Ord. 2023-08, 03-15-2023) (Ord. 2017-16, 05-17-2017) (Ord. 2002-05, 04-03-2002) (Ord. 1985-01, 02-26-1985)
(Ord. 2023-08, 03-15-2023) (Ord. 2005-09, 05-18-2005) (Ord. 2002-05, 04-03-2002) (Ord. 1985-01, 02-26-1985)
(Ord. 2023-08, 03-15-2023) (Ord. 2017-16, 05-17-2017) (Ord. 2002-05, 04-03-2002) (Ord. 1985-01, 02-26-1985)
(Ord. 2023-08, 03-15-2023) (Ord. 2019-26, 11-20-2019) (Ord. 2002-05, 04-03-2002) (Ord. 1999-02, 01-20-1999)
(Ord. 2023-08, 03-15-2023) (Ord. 2019-26, 11-20-2019) (Ord. 2002-05, 04-03-2002) (Ord. 1985-01, 02-26-1985)
(Ord. 2016-12, 07-06-2016) (Ord. 1988-27, 09-07-1988)
(Ord. 2016-12, 07-06-2016) (Ord. 1988-27, 09-07-1988)
(Ord. 2016-12, 07-06-2016) (Ord. 1988-27, 09-07-1988)
(Ord. 2019-26, 11-20-2019) (Ord. 2016-12, 07-06-2016) (Ord. 1988-27, 09-07-1988)
(Ord. 2016-12, 07-06-2016) (Ord. 1988-27, 09-07-1988)
(1) Tow or remove or store a vehicle unless the business enterprise shall file and keep on record with the Department and the Police Department a complete copy of the current rates charged for the towing and storage of vehicles and copies of all written contracts or agreements between the business enterprise and property owners which relate to the towing and removal of vehicles.
(Ord. 2019-26, 11-20-2019) (Ord. 2016-12, 07-06-2016) (Ord. 1988-27, 09-07-1988)
(Ord. 2019-26, 11-20-2019) (Ord. 2016-12, 07-06-2016) (Ord. 1988-27, 09-07-1988)
(Ord. 2016-12, 07-06-2016) (Ord. 1988-27, 09-07-1988)
(1) Tow or remove or store a vehicle except upon the express written authorization issued to the business enterprise by the person in lawful possession of the private property or his agent or employee. Such authorization shall include the make, model, and license number of the vehicle to be towed and shall be signed by the property owner or his agent or employee immediately prior to or at the time of towing.
(2) Tow or remove or store a vehicle where the registered owner or other legally authorized person in control of the vehicle arrives at the scene of potential towing prior to towing or removal and promptly removes the vehicle or establishes authorization for the vehicle’s presence.
(3) Tow or remove a vehicle occupied by a person or persons.
(4) Tow or remove or store a vehicle unless the towing business enterprise notifies the city police department immediately upon arrival at the garage. Such notification shall include the storage site, the time the vehicle was towed or removed, and the make, model, color, license plate number and vehicle identification number of the vehicle. The person making the notification shall obtain the name of the person at the police department to whom such information was reported and indicate the name on a trip record, together with an indication of the date and time of the day in hours and minutes that the vehicle was removed, and the authorizing party.
(5) Tow or remove or store a vehicle unless the vehicle is towed directly to the business enterprise’s garage or yard, not including any temporary holding or public area.
(6) Store a vehicle in a garage or yard located further than 5 miles from the point of removal unless no closer facility is available. If no garage or yard is located within a 5-mile radius of the point of removal, the closest available garage shall be utilized; however, in no case shall a vehicle be towed further than 10 miles from the point of tow. If the business enterprise doing the towing owns no garage or yard within 5 miles, any other available storage garage or yard within 5 miles may be used.
(7) Store a vehicle in a building or fenced area that does not comply with the following requirements:
(d) No vehicle or part thereof may be placed closer than 2 feet from any fence or wall.
(e) Tow or remove or store a vehicle without 24-hour telephone access and vehicle release availability. During nonbusiness hours, tow companies shall not be required to release vehicles except upon request of a police supervisor.
(Ord. 2016-12, 07-06-2016) (Ord. 1988-27, 09-07-1988)
(Ord. 2019-26, 11-20-2019) (Ord. 2016-12, 07-06-2016) (Ord. 1988-27, 09-07-1988)
(Ord. 2024-22, 08-21-2024) (Ord. 2016-12, 07-06-2016) (Ord. 1988-27, 09-07-1988)
(2) “Vend” or “vending” means offering ice cream, popsicles, ice sherbets or frozen desserts for sale from a motor vehicle on the city streets.
(3) “Operator” includes every person, firm or corporation who operates, or who owns, leases, contracts or in any other fashion permits a person to operate, any ice cream truck for the purpose of vending.
(Ord. 1988-22, 10-05-1988)
(Ord. 1988-22, 10-05-1988)
(2) No business license shall be issued to a vendor selling from an ice cream truck unless a certificate is furnished to the City showing that the vendor is carrying the following minimum amounts of insurance: public liability insurance in an amount of not less than $1 million for injuries, including those resulting in death, resulting from any one occurrence and on account of any one accident; property damage insurance in an amount of not less than $100,000 for damages on account of any one accident or occurrence.
(3) Certificates shall contain an agreement signed by the insurance company that prior to modification, cancellation, or termination of the subject policy, written notice shall be sent to the Department by the insurance company.
(Ord. 2019-26, 11-20-2019) (Ord. 2016-11, 07-06-16) (Ord. 2012-37, 12-05-2012) (Ord. 1988-22, 10-05-1988)
(1) contact information, including the applicant’s true, correct, and legal name; the applicant’s telephone number, home address, and mailing address; and, the address to which all notices are to be sent;
(2) proof of identity by a valid driver license issued by any state;
(3) proof of permitting, as applicable, by the Department of Health of the state of Utah and Tooele County;
(4) responses to the following questions regarding disqualifying conditions as follows:
(a) has the applicant been criminally convicted of felony homicide, physically abusing, sexually abusing, or exploiting a minor, sale or distribution of controlled substances, or sexual assault of any kind?
(b) are any criminal charges currently pending against the applicant for felony homicide, physically abusing, sexually abusing, or exploiting a minor, sale or distribution of controlled substances, or sexual assault of any kind?
(c) has the applicant been criminally convicted of a misdemeanor within the past five (5) years involving a crime of moral turpitude, or violent or aggravated conduct involving persons or property?
(6) a copy of the applicant’s current criminal history on file at the Utah Department of Public Safety Bureau of Criminal Identification. The criminal history is classified as a private and protected record.
(Ord. 2019-26, 11-20-2019) (Ord. 2012-37, 12-05-2012)
(Ord. 2012-37, 12-05-2012)
(2) The Department shall issue a business license to the applicant if the information is complete and verified and the license fee has been paid, and if no disqualifying condition exists.
(3) The license shall show the name of the licensee and the business permitted to be carried on thereunder and the date of expiration of such license.
(4) Licenses issued pursuant to this Chapter shall expire on December 31 of each year.
(Ord. 2019-26, 11-20-2019) (Ord. 2012-37, 12-05-2012)
(b) the applicant has answered affirmatively to any of the questions set forth in Section 5-22-3.1(4); or,
(c) the applicant fails to pay the requisite license and identify badge fees.
(2) (a) Any applicant whose application has been denied can file a written appeal with the Director within ten days after the denial. The appeal need not be on a particular form, but must state the specific basis of the appeal. The Director shall promptly issue a written decision.
(b) An applicant whose appeal has been denied by the Director may appeal to the Administrative Hearing Officer, pursuant to Chapter 1-28, by filing with the City Recorder a written appeal within ten days after the Director’s denial.
(Ord. 2019-26, 11-20-2019) (Ord. 2012-37, 12-05-2012)
(1) furnish to the Department two recent photographs, one of which shall be affixed to the identity badge issued to the licensee and the other of which shall be retained in the records of the Department;
(2) obtain an identity badge from the Department at a cost of $10.00 in addition to the license fee, and wear the identity badge at all times while vending from an ice cream truck; and,
(3) obtain a new identity badge each year that the ice cream truck business is licensed.
(Ord. 2019-26, 11-20-2019) (Ord. 2016-11, 07-06-16) (Ord. 2012-37, 12-05-2012)
(1) Signal lamps mounted at the same level and as high and as widely spaced laterally as practicable. These lamps shall be five to seven inches in diameter and shall display two alternately flashing amber lights visible from the front and rear of the vehicle, both lights visible at 500 feet in normal sunlight upon a straight and level street.
(2) A convex mirror mounted on the front so the driver in a normal seating position can see the area in front of the truck obscured by the hood.
(Ord. 2012-37, 12-05-2012) (Ord. 1988-22, 10-05-1988)
(Ord. 2012-37, 12-05-2012) (Ord. 1988-22, 10-05-1988)
(2) A person shall vend only from the side of the truck away from moving traffic and as near as possible to the curb or side of the street.
(3) A person shall not vend to a person standing in the roadway.
(4) A person shall not stop on the left side of a one-way street to vend.
(Ord. 1988-22, 10-05-1988)
(Ord. 2016-11, 07-06-16) (Ord. 2012-37, 12-05-2012) (Ord. 1988-22, 10-05-1988)
(Ord. 2024-22, 08-21-2024) (Ord. 2012-37, 12-05-2012) (Ord. 1988-22, 10-05-1988)
(Ord. 2003-23, 09-03-2003) (Ord. 1998-37, 11-18-1998)
(Ord. 2003-23, 09-03-2003) (Ord. 1998-37, 11-18-1998)
(1) Sexually oriented businesses are associated with numerous secondary effects which include but are not limited to the following:
(b) increased rates of prostitution, sexual assault, and other sexually-related crimes, including the use of public and quasi-public areas such as parking lots, alleys, and alcoves for illicit sexual conduct;
(c) the acceleration of blight within neighborhoods in which sexually oriented businesses are located;
(d) the degradation of property values of properties surrounding sexually oriented businesses;
(e) the appearance of commercial “dead zones” and the proliferation of vacancies in business districts surrounding sexually oriented businesses;
(f) unsanitary, unhealthy conditions on the premises of sexually oriented businesses and the spread of sexually transmitted diseases, including AIDS and other diseases transmitted through contact with bodily fluids; and
(g) the attraction of undesirable transient populations seeking opportunities to engage in illicit behavior.
2Report on the Secondary Effects of the Concentration of Adult Use Establishments in the Times Square Area (1994); Adult Cabarets, Factual Record (Phoenix, Arizona 1997); Quality of Life: A Look At Successful Abatement of Adult Oriented Nuisances in Oklahoma City (Oklahoma 1984-89).
3Relationship between Crime and Adult Business Operations of Garden Grove Boulevard (1986); Des Moines (Iowa) Adult Use Study (1984); Adult Entertainment Study, City of New York (1994).
4An analysis of the Relationship Between Adult Entertainment Establishments, Crime, and Housing Values (Minneapolis 1980); The Relationship Between Crime and Adult Business Operations on Garden Grove Boulevard; Report on Adult Oriented Businesses in Austin (Texas 1986); Adult Businesses in Indianapolis (Indiana 1984).
5Study and Recommendations for Adult Entertainment Businesses in the Town of Islip (New York, 1980); Des Moines (Iowa)Adult Use Study (1984).
6Adult Cabarets, Factual Record (Phoenix, Arizona 1997).
(3) Imposing narrowly tailored licensing requirements upon sexually oriented businesses and their owners, operators, and employees is an appropriate and reasonable means of enforcing regulatory controls aimed at addressing secondary effects.
(4) Requiring owners, operators, performers, and other key employees in sexually oriented businesses to make certain disclosures which are substantially related to the government’s significant interest in preventing criminal activity and controlling the spread of disease.
(5) Imposing interior design requirements upon sexually oriented businesses will assist managers in supervising the activities of patrons and employees, thereby helping prevent illicit behavior from occurring on the premises.
(6) Studies have shown that when multiple sexually oriented businesses are located in close proximity to each other, the impact of secondary effects on the surrounding neighborhood is intensified and multiplied.8
(7) Imposing reasonable distance requirements between sexually oriented business locations is an appropriate means of preventing the concentration of secondary effects.
(8) It is appropriate and reasonable to limit sexually oriented businesses to zones in which they are least likely to negatively impact residential neighborhoods, children, or retail commercial activities; zoning restrictions should be crafted in such a way as to minimize the impact of secondary effects upon vulnerable populations without unreasonably restricting access to those seeking legal sexually oriented entertainment or materials.
(9) Sexual acts, including masturbation and oral sex, frequently occur in booths and other unregulated spaces within sexually oriented businesses; this results in the accumulation of semen and creates unsanitary conditions.
(10) AIDS, syphilis, and gonorrhea are spread primarily through sexual contact.
(11) Prohibiting sexual acts, regulating other forms of physical contact between employees and patrons, and requiring the elimination of certain closed spaces within sexually oriented businesses will reduce risks to the public health.
(12) The following cases establish parameters for the regulation of sexually oriented businesses:
7Texas (1986) Report on the Secondary Effects of the Concentration of Adult Use Establishments in the Times
Square Area (1999) Proposed Land Use Code Text Amendments, Adult Cabarets (Seattle, 1989), citing City
of Bothel Police Dept. Investigations (1984) Report To: The American Center for Law and Justice on the Secondary Impacts of Sex Oriented Businesses (1996).
8Report of the Attorney General’s Working Group on the Regulation of Sexually Oriented Businesses (Minnesota 1989).
(Ord. 2003-23, 09-03-2003) (Ord. 1998-37, 11-18-1998)
(a) Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures video cassettes, compact discs, slides, or other visual representations which are characterized by their emphasis upon the exhibition or description of “specified sexual activities” or “specified anatomical areas;”
(b) Instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use.
(3) “Adult Cabaret” shall mean any club, bar, juice bar, restaurant, or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features any of the following:
(a) persons who appear in a state of semi-nudity;
(b) live performances which are characterized by the exposure of “specified anatomical areas” or “specified sexual activities”;
(c) films, motion pictures videocassettes, slides, or other photographic reproductions which are characterized by their emphasis upon the exhibition or description of “specified sexual activities” or “specified anatomical areas.”
(4) “Adult Motel” shall mean any motel, hotel, or similar commercial establishment which: (a) offers public accommodations, for any form of consideration, and which regularly provides patrons with closed circuit television transmissions, films, motion pictures, video cassettes, slides, digital recordings, photographic reproductions, or other similar materials which are characterized by their emphasis upon the exhibition or description of “specified sexual activities” or “specified anatomical areas” and which regularly advertises the availability of such material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising, including but not limited to newspapers, magazines, pamphlets or leaflets, radio or television, and (b) offers a sleeping room or rooms for rent for a period of time less than ten (10) hours.
(5) “Adult Theater” shall mean a theater, concert hall, auditorium, or similar commercial establishment which, for any form of consideration, regularly features persons who appear in a state of “semi nudity” as defined herein or live performances which are characterized by their emphasis upon the exposure of “specified anatomical areas” or “specified sexual activities.”
(6) “Controlling Interest” shall mean the power, directly or indirectly, to direct the operation, management, or policies of a business or entity, or to vote twenty percent (20%) or more of any class of voting securities of a business. The ownership, control, or power to vote twenty percent or more of any class of voting securities of a business shall be presumed, subject to rebuttal, to be the power to direct the management, operation, or policies of the business.
(7) “Distinguished or Characterized by an Emphasis Upon” shall mean the dominant or principal theme of the object described by such phrase. For instance, when the phrase refers to films which are “distinguished or characterized by an emphasis upon the exhibition or description of ‘specified anatomical areas’ or ‘specified sexual activities,’” the films so described are those whose dominant or principal character and theme are the exhibition or description of “specified anatomical areas” or “specified sexual activities.”
(8) “Employ, Employee, and Employment” shall describe and pertain to any person who performs any service on the premises of a sexually oriented business, on a full- time, part-time, or contract basis, whether or not the person is denominated an employee, independent contractor, agent, or otherwise. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises.
(9) “Establish” or “Establishment” shall mean and include any of the following:
(a) The opening or commencement of any sexually oriented business as a new business;
(b) The conversion of an existing business, whether or not a sexually oriented business, to a sexually oriented business;
(c) The addition of any sexually oriented business to any other existing sexually oriented business; or
(d) The relocation of any sexually oriented business.
(10) “Administrative Hearing Officer” shall mean a person designated by the Mayor under Chapter 1-28 of this Code.
(11) “Licensee” shall mean a person in whose name a license to operate a sexually oriented business has been issued, as well as any individual listed as an applicant on the application for a sexually oriented business license. In the case of an “employee,” it shall mean the person whose name the sexually oriented business employee license has been issued.
(12) “Nude, Nudity, or State of Nudity” shall mean a state of dress or undress in which any portion of a person’s genitals, vulva, pubic area, anus, cleft of the buttocks, or any portion of the nipple or areola of the female breast is exposed to view or is covered with a covering which is less than fully opaque.
(13) “Operate” or “cause to operate” shall mean to cause to function or to put or keep in a state of doing business.
(14) “Operator” means any person or persons on the premises of a sexually oriented business who is authorized to exercise overall operational control of the business or who causes it to function; a person may be an operator of a sexually oriented business regardless of whether the person is an owner, part owner, or licensee of the business.
(15) “Semi-nude” or “State of Semi-nudity” shall mean a state of dress in which opaque clothing covers no more than a male person’s genitals, anus, anal cleft and pubic area, and a female person’s genitals, anus, anal cleft, vulva, and breasts below a horizontal line across the top of the areolae, as well as portions of the body covered by supporting straps or devices. This definition shall not be construed to include any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, bathing suit, or other apparel, provided that no part of the areola of the breast is exposed.
(16) “Semi-nude Model Studio” shall mean any place where a person or persons regularly appear in a
state of semi-nudity in exchange for money or any other form of consideration for the purpose of being observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. It shall be a defense to prosecution for violation of this ordinance that a person appearing in a state of semi-nudity did so in a modeling class operated:
(a) By a college, junior college, or university supported entirely or partly by taxation;
(b) By a private college or university which maintains and operates educational programs for academic credit, which credit is transferrable to a college, junior college, or university supported either entirely or partly by taxation; or
(c) Within a structure:
(ii) as a condition of viewing semi-nude models, a student must enroll in a class at least three days in advance of the start of the class.
(17) “Sexual Encounter Establishment” means a business or commercial establishment that offers as one of its principal business purposes, for any form of consideration, a place in which two or more persons may congregate, associate, or consort while one or more of the persons is semi-nude, or for the purpose of engaging in “specified sexual activities”, as defined herein. This definition shall exclude establishments in which medical practitioners, psychologists, psychiatrists, or other similar professional persons licensed by the state engage in medically approved and recognized sexual therapy.
(18) “Sexually Oriented Business” shall mean an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, or adult entertainment out- call service in the form of semi-nude dancing or exhibition, adult motion picture theater, adult theater, semi-nude model studio, or sexual encounter establishment.
(19) “Sexually Oriented Entertainment Activity” means the sale, rental, or exhibition of books, films, live performances, video cassettes, magazines, periodicals, digital images, or other similar media which are characterized by an emphasis on the exposure or display of specified sexual activity, as defined herein.
(20) “Specified Anatomical Areas” shall mean any one of the following or the collective combination of more than one of the following: the genitals, anal cleft, and anus of a male person, and the genitals, anal cleft, anus, vulva, and female breast or breasts below a horizontal line across the top of the areolae of a female person.
(21) “Specified Criminal Activity” shall mean a conviction for any of the following offenses within the periods of time indicated below:
(a) prostitution, patronizing a prostitute, aiding prostitution, exploiting prostitution, aggravated exploitation of prostitution, or sexual solicitation; distributing pornographic material, inducing acceptance of pornographic material, dealing in harmful material to a minor, distribution of a pornographic film, indecent public displays, or distribution of pornographic material through cable television; lewdness, sexual battery, lewdness involving a child, unlawful sexual activity with a minor, sexual abuse of a minor, unlawful sexual conduct with a 16 or 17 year old, rape, rape of a child, object rape, object rape of a child, forcible sodomy, sodomy upon a child, forcible sexual abuse, sexual abuse of a child, aggravated sexual abuse of a child, or aggravated sexual assault; distribution of a controlled substance; or criminal attempt, conspiracy, or solicitation of commit any of the foregoing offenses, or offenses in other jurisdictions involving the same or similar elements, regardless of the exact title of the offense; and
(b) less than two years have elapsed sine the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction was a misdemeanor offense;
(c) less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is for a felony offense; or
(d) less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are for two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24 month period.
(e) The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant.
(a) sex acts, including intercourse, oral copulation, masturbation, or sodomy;
(b) excretory functions as a part of or in connection with any of the activities described in (a) above;
(c) the erotic fondling or other erotic touching by one person of the genitals, pubic area, anus, or female breast or breasts of another.
(23) “Transfer of Ownership or Control” of a sexually oriented business shall mean any of the following:
(a) the sale, lease or sublease of the business;
(b) the transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
(c) the establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for the transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
(Ord. 2019-26, 11-20-2019) (Ord. 2003-23, 09-03-2003) (Ord. 1998-37, 11-18-1998)
(1) Adult arcades;
(2) Adult bookstores, adult novelty stores, adult video stores;
(3) Adult cabarets;
(4) Adult motels;
(5) Adult motion picture theaters;
(6) Adult theaters;
(7) Semi-nude model studios; and
(8) Sexual encounter establishments.
(Ord. 2003-23, 09-03-2003) (Ord. 1998-37, 11-18-1998)
(3) An applicant for a sexually oriented business license or a sexually oriented business employee license shall file in person at the Department a completed application made on a form provide by the Department. The application shall be signed by the applicant and notarized.
(4) An application shall be considered complete when it contains the information required in Paragraphs (a) through (i) as set forth below:
(a) the applicant’s full legal name and any other names or aliases used in the preceding five years;
(6) A license or permit required by this article is in addition to any other licenses or permits required by Tooele City, Tooele County, or the State of Utah. Persons engaged in the operation of sexually oriented businesses or employed as sexually oriented business employees shall comply with all applicable local, state, and federal laws, ordinances and statutes, including zoning ordinances and other land use restrictions.
(Ord. 2019-26, 11-20-2019) (Ord. 2003-23, 09-03-2003) (Ord. 1998-37, 11-18-1998)
(a) An applicant is less than eighteen years of age;
(b) An applicant has failed to provide information as required under §5-23-6 of this Chapter or has falsely answered a question or otherwise provided false information on the sexually oriented business license application form.
(c) the required application fee has not been paid;
(d) an applicant has been convicted of an offense which constitutes specified criminal activity, as defined in this Chapter, or has failed to comply with §5-23-7(1) or has committed a violation of §5-23-10(2) within the last year;
(e) The sexually oriented business premises is not in compliance with interior configuration requirements as set forth in this Chapter.
(3) Each applicant for a sexually oriented business license shall pay an initial administrative fee of $200. Licensees shall pay a renewal fee of $100 in connection with the annual renewal of the sexually oriented business license.
(4) Upon the filing of a completed application for a sexually oriented business employee license, the Department shall issue a temporary license to the applicant. The temporary license shall expire upon the final decision of the Department to deny or grant the sexually oriented business employee license. Within forty days of the date that a completed application is filed, the Department shall either issue a licence or issue a written notice of intent to deny a license to the applicant. The Department shall approve the issuance of a license unless one or more of the following is found by a preponderance of the evidence to be true:
(a) the applicant is less than eighteen years of age;
(b) the applicant has failed to provide information required under §5-23-6 or has answered a question falsely or otherwise provided false information on the application form;
(c) the license application fee has not been paid;
(d) the applicant has been convicted of specified criminal activity, as defined in this Chapter, or has failed to comply with §5-23-7(1) or has violated §5-23-10(2) within the last year.
(5) A sexually oriented business employee license which is granted pursuant to this Chapter shall state the name of the individual for whom it is issued in a conspicuous manner on the front of the license. The issuance date and expiration date shall also appear in a conspicuous place on the license. A sexually oriented business employee shall keep the sexually oriented business employee license on his or her person or on the premises where he or she is performing or working and shall produce the license upon request of a law enforcement official or Department official charged with compliance enforcement.
(6) Each applicant for a sexually oriented business employee license shall pay an initial administrative fee of $100. Licensees shall pay a renewal fee of $50 in connection with the annual renewal of the sexually oriented business employee license.
(Ord. 2019-26, 11-20-2019) (Ord. 2003-23, 09-03-2003) (Ord. 1998-37, 11-18-1998)
(2) The provisions of this Section do not apply to areas of an adult motel which are occupied by a tenant for use as a residence or habitation.
(Ord. 2003-23, 09-03-2003) (Ord. 1998-37, 11-18-1998)
(Ord. 2003-23, 09-03-2003) (Ord. 1998-37, 11-18-1998)
(Ord. 2019-26, 11-20-2019) (Ord. 2003-23, 09-03-2003) (Ord. 1998-37, 11-18-1998)
(3) The Department shall issue written notice of intent to revoke or deny a sexually oriented business license or sexually oriented business employee license if he or she determines that:
(a) the licensee has knowingly given false information on the license application or license renewal application;
(Ord. 2019-26, 11-20-2019) (Ord. 2003-23, 09-03-2003) (Ord. 1998-37, 11-18-1998)
(b) a statement that the licensee or applicant shall have ten business days from the date that notice is received to contest the Department’s intended action by submitting a written statement explaining why the license should not be revoked, suspended, or denied.
(Ord. 2019-26, 11-20-2019) (Ord. 2003-23, 09-03-2003) (Ord. 1998-37, 11-18-1998)
(Ord. 2003-23, 09-03-2003) (Ord. 1998-37, 11-18-1998)
(Ord. 2003-23, 09-03-2003) (Ord. 1998-37, 11-18-1998)
(a) churches, synagogues, mosques, temples, or other buildings used primarily for religious worship and activities;
(b) public or private educational facilities including child day-care facilities, pre-schools, elementary schools, intermediate schools, and high schools, including school grounds and athletic facilities which are used primarily in connection with school-related activities;
(c) public recreation areas or facilities including but not limited to parks, playgrounds, picnic areas, athletic fields or courts, libraries, public trail systems, community centers, and other analogous facilities;
(d) privately owned amusement parks or recreation facilities.
(2) No sexually oriented business shall operate or be established within 200 feet of a boundary of a residential zoning district.
(3) No sexually oriented business shall be located within 500 feet of any other sexually oriented business.
(4) For purposes of this Chapter, measurements shall be made in a straight line, without regard to intervening structures, objects, or boundaries, from the nearest portion of the building or structure which houses the sexually oriented business to the nearest property line of the property in question.
(Ord. 2003-23, 09-03-2003) (Ord. 1998-37, 11-18-1998)
(2) It shall be a violation of this Chapter for any person to knowingly appear in a state of semi-nudity on the business premises, unless the person is a licensed sexually oriented business employee who, while appearing in a state of semi- nudity, is upon a stage which is elevated at least three feet from the floor and remains at least three feet from any patron.
(3) It shall be a violation of this Chapter for any sexually oriented business employee to knowingly receive any pay or gratuity directly from any patron; it shall be a violation for any patron to give or attempt to give any gratuity directly to any sexually oriented business employee while the employee is in a semi-nude state upon the premises of a sexually oriented business premises.
(4) It shall be a violation of this Chapter for any sexually oriented business employee, while in a state of semi-nudity, to knowingly touch any patron or any patron’s clothing.
(5) It shall be a violation of this Chapter for any sexually oriented business or sexually oriented business employee to knowingly allow any specified sexual activity to occur either in or upon the premises of a sexually oriented business.
(6) A sexually oriented business featuring any live, semi-nude appearance by a sexually oriented business employee or employees shall ensure that the manager’s station or stations required under this Chapter are manned at any time that a patron is present on the premises.
(7) A sexually oriented business featuring live semi- nude entertainment shall post a sign in a conspicuous place which sets forth provisions (1) through (4) of this Section; the dimensions and print of the sign shall be of a size and type that is easily readable to patrons entering the establishment.
(8) A sexually oriented business that is subject to this Section shall expel for the balance of the business day any patron who violates the rules articulated in provisions (1) through (4).
(Ord. 2003-23, 09-03-2003) (Ord. 1998-37, 11-18-1998)
(a) a performance stage or stages that are elevated at least 36 inches above the height of the patron seating area; the stage or stages shall be separated from the patron seating area by a wall, railing, or other suitable barrier that is permanently attached to the floor and that is at least 36 inches high; the barrier shall be located at least three feet from the edge of the stage so as to create a buffer zone of at least three feet between the stage and any patron seating area;
(Ord. 2003-23, 09-03-2003) (Ord. 1998-37, 11-18-1998)
(a) Each application for a sexually oriented business license shall contain a diagram of the premises showing the location of all manager’s stations, viewing rooms, restrooms, overhead lighting fixtures, surveillance cameras and monitors, and portions of the premises which will be off limits to patrons. The diagram shall also depict the place where the sexually oriented business license will be posted. The diagram need not be a blueprint prepared by an architect or engineer, but shall be drawn to a designated scale and depict the dimensions of all interior spaces to an accuracy of plus or minus six inches. The diagram shall be oriented toward the north or toward a designated street and accurately depict the front entrance and all other points of access to the interior.
(b) No restroom shall contain monitoring or surveillance equipment.
(c) No applicant or licensee shall alter the configuration or location of a manager’s station or viewing room without re-submitting an amended diagram and receiving approval through the Department.
(d) It shall be the duty of the operator and of any employees present on the premises to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons are not permitted as designated on the diagram submitted with the license application.
(e) The interior premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate all places to which patrons are permitted access at an illumination intensity of not less than one foot candle power as measured at floor level. It shall be the duty of the operator and any employees present on the premises to ensure that the required illumination is maintained at all times that the premises is occupied by patrons or open for business.
(f) The operator and any employees present shall ensure that no sexual activity occurs on the business premises.
(g) The operator and any employees present shall ensure that no openings of any kind are created or allowed to exist between viewing rooms. No person shall make or attempt to make an opening between viewing rooms.
(h) If the operator or any employee observes two or more patrons in a viewing room or discovers any person making or attempting to make an opening between viewing rooms shall immediately exclude the offending parties from the premises for the rest of the business day.
(i) If the operator or any employee discovers an opening of any kind between viewing rooms, he or she shall immediately secure the affected rooms and prevent patrons from entering until the wall has been repaired in a manner that is as substantial as the original wall construction.
(j) The operator or an employee acting on behalf of the operator shall inspect the walls for openings at least once every business day.
(k) The operator shall post conspicuous signs in well-lighted areas of the business stating the following:
(i) No loitering is permitted in viewing rooms.
(ii) occupancy in viewing rooms is limited to one person.
(iii) sexually activity on the premises is prohibited.
(iv) making openings between viewing rooms is prohibited.
(v) violators will be required to leave the premises for the balance of the business day.
(vi) violations of the rules stated herein constitute criminal offenses which will be reported and prosecuted.
(l) Floor coverings in viewing rooms shall be made of nonporous, easily cleanable surfaces. Rugs or carpeting are prohibited.
(m) The operator and employees shall ensure that all wall surfaces or seating surfaces in viewing rooms are constructed of or permanently covered by nonporous, easily cleanable material; viewing rooms shall not have any exposed plywood, fiberboard, unpainted drywall, fabric, cloth upholstery, carpeting or other materials which absorb liquids or are difficult to clean.
(n) the operator shall maintain a regular cleaning schedule which shall cause viewing rooms and other places in which patrons view sexually oriented materials to be cleaned at least twice a day. The operator shall cause a cleaning log to be kept, and shall allow City Officials to inspect the log upon request. Cleaning shall include the entire interior of any viewing room with disinfectant, including the floors, walls, seats, monitors, cameras, counters, windows, and other surfaces.
(o) The interior of the premises shall be configured in such a manner that every area of the premises in which patrons are permitted can be viewed without obstruction from a manager’s station, including the interior of each viewing room but excluding restrooms. If multiple manager’s stations must be employed, the interior shall be configured in such a way as to provide an unobstructed view of every portion of the premises to which patrons are permitted from at least one of the manager’s stations.
(p) It shall be unlawful for an operator or employee to fail to perform any of the responsibilities outlined in this Section or to operate a sexually oriented business or maintain the sexually oriented business premises in violation of this section.
(Ord. 2019-26, 11-20-2019) (Ord. 2003-23, 09-03-2003) (Ord. 1998-37, 11-18-1998)
(a) initiate and enforce a policy which prohibits loitering on or about the business premises, and which comports with the requirements of (b) and (c) below;
(Ord. 2003-23, 09-03-2003) (Ord. 1998-37, 11-18-1998)
(2) All windows, doors, and other apertures to the premises shall be darkened or covered with blinds, curtains, or other suitable coverings in such a manner that people on the outside cannot see sexually oriented materials, displays, entertainment, or activities occurring within the building.
(3) The area immediately behind the entry door or doors to the sexually oriented business shall be screened with a partition, wall, or other non-transparent barrier so that people on the outside of the building cannot see into the interior when the door is open.
(Ord. 2003-23, 09-03-2003) (Ord. 1998-37, 11-18-1998)
(Ord. 2003-23, 09-03-2003) (Ord. 1998-37, 11-18-1998)
(2) All sexually oriented businesses, sexually oriented business employees, and sexually oriented business operators currently doing business within Tooele City are hereby granted a temporary license which shall continue in effect for one-hundred and eighty days from the date that this Chapter takes effect. No sexually oriented business, sexually oriented business employee, or sexually oriented business operator may continue to feature sexually oriented entertainment, perform, or otherwise engage in sexually oriented business activity once the temporary license has lapsed, without first obtaining a license as required under this Chapter.
(Ord. 2003-23, 09-03-2003) (Ord. 1998-37, 11-18-1998)
(Ord. 2003-23, 09-03-2003) (Ord. 1998-37, 11-18-1998)
(Ord. 2003-23, 09-03-2003) (Ord. 1998-37, 11-18-1998)
(a) are critical to the travel and transport of persons and property in the business and social life of the City;
(Ord. 97-42, 12-03-97)
(Ord. 97-42, 12-03-97)
(Ord. 97-42, 12-03-97)
(Ord. 97-42, 12-03-97)
(a) fairly and reasonably compensates the City on a competitively neutral and non-discriminatory basis as provided herein;
(Ord. 97-42, 12-03-97)
(Ord. 97-42, 12-03-97)
Providers of the System only, and those Providers who do not build the System but who only provide Services. This Ordinance shall apply to all future Providers and to all Providers in the City prior to the effective date of this Ordinance, whether operating with or without a Franchise.
(Ord. 2018-17, 12-19-2018) (Ord. 97-42, 12-03-97)
(a) Personal Wireless Service Facilities, which are regulated by Chapter 7-27 of the Tooele City Code.
(Ord. 2018-17, 12-19-2018) (Ord. 97-42, 12-03-97)
(Ord. 2018-17, 12-19-2018) (Ord. 97-42, 12-03-97)
(5) Nature of Franchise. The Franchise granted by the City under the provisions of this Ordinance shall be a nonexclusive Franchise providing the right and consent to install, repair, maintain, remove and replace its System on, over and under the Rights-of-Way in order to provide Services.
(6) Regulatory Approval Needed. Before offering or providing any Services pursuant to the Franchise, a Provider shall obtain any and all regulatory approvals, permits, authorizations or licenses for the offering or provision of such Services from the appropriate federal, state and local authorities, if required, and shall submit to the City upon the written request of the City evidence of all such approvals, permits, authorizations or licenses.
(7) Term. No Franchise issued pursuant to this Ordinance shall have a term of less than five (5) years or greater than fifteen (15) years. Each Franchise shall be granted in a nondiscriminatory manner.
(Ord. 2018-17, 12-19-2018) (Ord. 97-42, 12-03-97)
(3) Franchise Fees. The Franchise fee, if any, shall be set forth in the Franchise Agreement. The obligation to pay a Franchise fee shall commence on the Completion Date. The Franchise fee is offset by any business license fee or business license tax enacted by the City.
(4) Excavation Permits. The Provider shall also pay fees required for an excavation permit as provided in Title 4 Chapter 9 of the Tooele City Code.
(5) Timing. Unless otherwise agreed to in the Franchise Agreement, all Franchise Fees shall be paid on a monthly basis within forty-five (45) days of the close of each calendar month.
(6) Fee Statement and Certification. Unless a Franchise Agreement provides otherwise, each fee payment shall be accompanied by a statement showing the manner in which the fee was calculated and shall be certified as to its accuracy.
(7) Future Costs. A Provider shall pay to the City or to third parties, at the direction of the City, an amount equal to the reasonable costs and reasonable expenses that the City incurs for the services of third parties (including but not limited to attorneys and other consultants) in connection with any renewal or Provider-initiated renegotiation, or amendment of this Ordinance or a Franchise, provided, however, that the parties shall agree upon a reasonable financial cap at the outset of negotiations. In the event the parties are unable to agree, either party may submit the issue to binding arbitration in accordance with the rules and procedures of the American Arbitration Association. Any costs associated with any work to be done by the City’s Public Works Department to provide space on City owned poles shall be borne by the Provider.
(8) Taxes and Assessments. To the extent taxes or other assessments are imposed by taxing authorities, other than the City on the use of the City property as a result of a Provider’s use or occupation of the Rights-of-Way, the Provider shall be responsible for payment of its pro rata share of such taxes, payable annually unless otherwise required by the taxing authority. Such payments shall be in addition to any other fees payable pursuant to this Ordinance.
(9) Interest on Late Payments. In the event that any payment is not actually received by the City on or before the applicable date fixed in the Franchise, interest thereon shall accrue from such date until received at the rate charged for delinquent state taxes.
(10) No Accord and Satisfaction. No acceptance by the City of any fee shall be construed as an accord that the amount paid is in fact the correct amount, nor shall such acceptance of such fee payment be construed as a release of any claim the City may have for additional sums payable.
(11) Not in Lieu of Other Taxes or Fees. The fee payment is not a payment in lieu of any tax, fee or other assessment except as specifically provided in this Ordinance, or as required by applicable law. By way of example, and not limitation, excavation permit fees and fees to obtain space on the City owned poles are not waived and remain applicable.
(12) Continuing Obligation and Holdover. In the event a Provider continues to operate all or any part of the System after the Term of the Franchise, such operator shall continue to comply with all applicable provisions of this Ordinance and the Franchise, including, without limitation, all compensation and other payment provisions throughout the period of such continued operation, provided that any such continued operation shall in no way be construed as a renewal or other extension of the Franchise, nor as a limitation on the remedies, if any, available to the City as a result of such continued operation after the term, including, but not limited to, damages and restitution.
(13) Costs of Publication. A Provider shall assume any publication costs associated with its Franchise that may be required by law.
(Ord. 2018-17, 12-19-2018) (Ord. 97-42, 12-03-97)
(a) A copy of the order from the PSC granting a Certificate of Convenience and Necessity.
(b) Certification of the Provider’s financial ability to compensate the City for Provider’s intrusion, maintenance and use of the Rights-of-Way during the Franchise term proposed by the Provider;
(c) Provider’s agreement to comply with the requirements of Section 6 of this Ordinance.
(3) Franchise Determination. The City, in its discretion, shall determine the award of any Franchise on the basis of these and other considerations relevant to the use of the Rights-of-Way, without competitive bidding.
(Ord. 2018-17, 12-19-2018) (Ord. 97-42, 12-03-97)
(2) Quality. All work involved in the construction, maintenance, repair, upgrade and removal of the System shall be performed in a safe, thorough and reliable manner using materials of good and durable quality. If, at any time, it is determined by the FCC or any other agency granted authority by federal law or the FCC to make such determination, that any part of the System, including, without limitation, any means used to distribute Signals over or within the System, is harmful to the public health, safety or welfare, or quality of service or reliability, then a Provider shall, at its own cost and expense, promptly correct all such conditions.
(Ord. 97-42, 12-03-97)
(2) The City Authority to Move System in case of an Emergency. The City may, at any time, in case of fire, disaster or other emergency, as determined by the City in its reasonable discretion, cut or move any parts of the System and appurtenances on, over or under the Rights-of-Way of the City, in which event the City shall not be liable therefor to a Provider. The City shall notify a Provider in writing prior to, if practicable, but in any event as soon as possible and in no case later than the next business day following any action taken under this Section. Notice shall be given as provided in Section 11.4.
(3) A Provider Required to Temporarily Move System for Third Party. A Provider shall, upon prior reasonable written notice by the City or any Person holding a permit to move any structure, and within the time that is reasonable under the circumstances, temporarily move any part of its System to permit the moving of said structure. A Provider may impose a reasonable charge on any Person other than the City for any such movement of its Systems.
(4) Rights-of-Way Change – Obligation to Move System. When the City is changing a Rights-of-Way and makes a written request, a Provider is required to move or remove its System from the Rights-of-Way, without cost to the City, to the extent provided in the excavation ordinance. This obligation does not apply to Systems originally located on private property pursuant to a private easement, which property was later incorporated into the Rights-of-Way, if that private easement grants a superior vested right. This obligation exists whether or not the Provider has obtained an excavation permit.
(5) Protect Structures. In connection with the construction, maintenance, repair, upgrade or removal of the System, a Provider shall, at its own cost and expense, protect any and all existing structures belonging to the City and all designated landmarks, as well as all other structures within any designated landmark district. A Provider shall obtain the prior written consent of the City to alter any water main, power facility, sewerage or drainage system, or any other municipal structure on, over or under the Rights-of-Way of the City required because of the presence of the System. Any such alteration shall be made by the City or its designee on a reimbursable basis. A Provider agrees that it shall be liable for the costs incurred by the City to replace or repair and restore to its prior condition in a manner as may be reasonably specified by the City, any municipal structure or any other Rights-of-Way of the City involved in the construction, maintenance, repair, upgrade or removal of the System that may become disturbed or damaged as a result of any work thereon by or on behalf of a Provider pursuant to the Franchise.
(6) No Obstruction. In connection with the construction, maintenance, upgrade, repair or removal of the System, a Provider shall not unreasonably obstruct the Rights-of-Way of fixed guide way systems, railways, passenger travel, or other traffic to, from or within the City without the prior consent of the appropriate authorities.
(7) Safety Precautions. A Provider shall, at its own cost and expense, undertake all necessary and appropriate efforts to prevent accidents at its work sites, including the placing and maintenance of proper guards, fences, barricades, security personnel and suitable and sufficient lighting, and such other requirements prescribed by OSHA and Utah OSHA. A Provider shall comply with all applicable federal, state and local requirements including but not limited to the National Electric Safety Code.
(8) Repair. After written reasonable notice to the Provider, unless, in the sole determination of the City, an eminent danger exists, any Rights-of-Way within the City which are disturbed or damaged during the construction, maintenance or reconstruction by a Provider of its System may be repaired by the City at the Provider’s expense, to a condition as good as that prevailing before such work was commenced. Upon doing so, the City shall submit to such a Provider an itemized statement of the cost for repairing and restoring the Rights-of-Ways intruded upon. The Provider shall, within thirty (30) days after receipt of the statement, pay to the City the entire amount thereof.
(9) System Maintenance. A Provider shall:
(a) Install and maintain all parts of its System in a non-dangerous condition throughout the entire period of its Franchise.
(b) Install and maintain its System in accordance with standard prudent engineering practices and shall conform, when applicable, with the National Electrical Safety Code and all applicable other federal, state and local laws or regulations.
(c) At all reasonable times, permit examination by any duly authorized representative of the City of the System and its effect on the Rights-of-Way.
(10) Trimming of Trees. A Provider shall have the authority to trim trees, in accordance with all applicable utility restrictions, ordinance and easement restrictions, upon and hanging over Rights-of-Way so as to prevent the branches of such trees from coming in contact with its System.
(Ord. 2018-17, 12-19-2018) (Ord. 97-42, 12-03-97)
(i) the successor entity's certification that the successor entity unequivocally agrees to all of the terms of the original Provider's Franchise Agreement, or
(ii) the successor entity's Application in compliance with Section 5-24-12 of this Ordinance.
(2) Transfer of Franchise. Upon receipt of a notification and certification, the City designee shall send notice affirming the transfer of the Franchise to the successor entity. If the City has good cause to believe that
(3) If PSC Approval No Longer Required. If the PSC no longer exists, or if its regulations or state law no longer require approval of transactions described in Section 5-24-7, and the City has good cause to believe that the successor entity may not comply with this Ordinance or the Franchise Agreement, it may require an Application. The Application shall comply with this Section.
(4) Events of Sale. The following events shall be deemed to be a sale, assignment or other transfer of the Franchise requiring compliance with Section 7.1:
(b) the sale, assignment or other transfer of capital stock or partnership, membership or other equity interests in a Provider by one or more of its existing shareholders, partners, members or other equity owners so as to create a new Controlling Interest in a Provider;
(c) the issuance of additional capital stock or partnership, membership or other equity interest by a Provider so as to create a new Controlling Interest in such a Provider; or
(d) the entry by a Provider into an agreement
(Ord. 2018-17, 12-19-2018) (Ord. 97-42, 12-03-97)
(2) Oversight. The City shall have the right to oversee, regulate and inspect periodically the construction, maintenance, and upgrade of the System, and any part thereof, in accordance with the provisions of the Franchise and applicable law. A Provider shall establish and maintain managerial and operational records, standards, procedures and controls to enable a Provider to prove, in reasonable detail, to the satisfaction of the City at all times throughout the Term, that a Provider is in compliance with the Franchise. A Provider shall retain such records for not less than the applicable statute of limitations.
(3) Maintain Records. A Provider shall at all times maintain:
(a) On file with the City, a full and complete set of plans, records and “as-built” hard copy maps and, to the extent the maps are placed in an electronic format, they shall be made in electronic format compatible with the City’s existing GIS system, of all existing and proposed installations and the types of equipment and Systems installed or constructed in the Rights-of-Way, properly identified and described as to the types of equipment and facility by appropriate symbols and marks which shall include annotations of all Rights-of-Ways where work will be undertaken. As used herein, “as-built” maps includes “file construction prints.” Maps shall be drawn to scale. “As-built” maps, including the compatible electronic format, as provided above, shall be submitted within 30 days of completion of work or within 30 days after completion of modification and repairs. “As- built” maps are not required of the Provider who is the incumbent local exchange carrier for the existing System to the extent they do not exist.
(4) Confidentiality. If the information required to be submitted is proprietary in nature or must be kept confidential by federal, state or local law, upon proper request by a Provider, such information shall be classified as a Protected Record within the meaning of the Utah Government Records Access and Management Act (“GRAMA”), making it available only to those who must have access to perform their duties on behalf of the City, provided that a Provider notifies the City of, and clearly labels the information which a Provider deems to be confidential, proprietary information. Such notification and labeling shall be the sole responsibility of the Provider.
(5) Provider’s Expense. All reports and records required under this Ordinance shall be furnished at the sole expense of a Provider, except as otherwise provided in this Ordinance or a Franchise.
(6) Right of Inspection. For the purpose of verifying the correct amount of the franchise fee, the books and records of the Provider pertaining thereto shall be open to inspection or audit by duly authorized representatives of the City at all reasonable times, upon giving reasonable notice of the intention to inspect or audit the books and records, provided that the City shall not audit the books and records of the Provider more often than annually. The Provider agrees to reimburse the City the reasonable costs of an audit if the audit discloses that the Provider has paid ninety-five percent (95%) or less of the compensation due the City for the period of such audit. In the event the accounting rendered to the City by the Provider herein is found to be incorrect, then payment shall be made on the corrected amount within thirty (30) calendar days of written notice, it being agreed that the City may accept any amount offered by the Provider, but the acceptance thereof by the City shall not be deemed a settlement of such item if the amount is in dispute or is later found to be incorrect.
(Ord. 2018-17, 12-19-2018) (Ord. 97-42, 12-03-97)
(a) Enforcement – City Designee. The City is responsible for enforcing and administering this Ordinance, and the City or its designee, as appointed by the Mayor, is authorized to give any notice required by law or under any Franchise Agreement.
(2) Force Majeure. In the event a Provider’s performance of any of the terms, conditions or obligations required by this Ordinance or a Franchise is prevented by a cause or event not within a Provider’s control, such inability to perform shall be deemed excused and no penalties or sanctions shall be imposed as a result thereof. For the purpose of this section, causes or events not within the control of a Provider shall include, without limitation, acts of God, strikes, sabotage, riots or civil disturbances, failure or loss of utilities, explosions, acts of public enemies, and natural disasters such as floods, earthquakes, landslides, and fires.
(3) Extended Operation and Continuity of Services.
(a) Continuation After Expiration. Upon either expiration or revocation of a Franchise granted pursuant to this Ordinance, the City shall have discretion to permit a Provider to continue to operate its System or provide Services for an extended period of time not to exceed six (6) months from the date of such expiration or revocation. A Provider shall continue to operate its System under the terms and conditions of this Ordinance and the Franchise granted pursuant to this Ordinance.
(a) Abandoned System. In the event that (1) the use of any portion of the System is discontinued for a continuous period of twelve (12) months, and thirty (30) days after no response to written notice from the City to the last known address of Provider; (2) any System has been installed in the Rights-of-Way without complying with the requirements of this Ordinance or Franchise; or (3) the provisions of Section 3.5 are applicable and no Franchise is granted, a Provider, except the Provider who is an incumbent local exchange carrier, shall be deemed to have abandoned such System.
(Ord. 2018-17, 12-19-2018) (Ord. 97-42, 12-03-97)
(Ord. 97-42, 12-03-97)
(2) Severability. If any provision of this Ordinance is held by any federal, state or local court of competent jurisdiction, to be invalid as conflicting with any federal or state statute, or is ordered by a court to be modified in any way in order to conform to the requirements of any such law and all appellate remedies with regard to the validity of the Ordinance provisions in question are exhausted, such provision shall be considered a separate, distinct, and independent part of this Ordinance, and such holding shall not affect the validity and enforceability of all other provisions hereof. In the event that such law is subsequently repealed, rescinded, amended or otherwise changed, so that the provision which had been held invalid or modified is no longer in conflict with such law the provision in question shall return to full force and effect and shall again be binding on the City and the Provider, provided that the City shall give the Provider thirty (30) days, or a longer period of time as may be reasonably required for a Provider to comply with such a rejuvenated provision, written notice of the change before requiring compliance with such provision.
(3) New Developments. It shall be the policy of the City to liberally amend this Ordinance, upon Application of a Provider, when necessary to enable the Provider to take advantage of any developments in the field of Telecommunications which will afford the Provider an opportunity to more effectively, efficiently, or economically serve itself or the public.
(4) Notices. All notices from a Provider to the City required under this Ordinance or pursuant to a Franchise granted pursuant to this Ordinance shall be directed to the officer as designated by the Mayor. A Provider shall provide in any Application for a Franchise the identity, address and phone number to receive notices from the City. A Provider shall immediately notify the City of any change in its name, address, or telephone number.
(5) Exercise of Police Power. To the full extent permitted by applicable law either now or in the future, the City reserves the right to adopt or issue such rules, regulations, orders, or other directives that it finds necessary or appropriate in the lawful exercise of its police powers.
(Ord. 2018-17, 12-19-2018) (Ord. 97-42, 12-03-97)
(2) Ordinance Applicability. This Ordinance shall apply to all Franchises granted or renewed after the effective date of this Ordinance. This Ordinance shall further apply, to the extent permitted by applicable federal or state law to all existing Franchises granted prior to the effective date of this Ordinance and to a Provider providing Services, without a Franchise, prior to the effective date of this Ordinance.
(3) Other Applicable Ordinances. A Provider’s rights are subject to the police powers of the City to adopt and enforce ordinances necessary to the health, safety and welfare of the public. A Provider shall comply with all applicable general laws and ordinances enacted by the City pursuant to its police powers. In particular, all Providers shall comply with the City zoning and other land use requirements.
(4) City Failure to Enforce. A Provider shall not be relieved of its obligation to comply with any of the provisions of this Ordinance or any Franchise granted pursuant to this Ordinance by reason of any failure of the City to enforce prompt compliance.
(5) Construed According to Utah Law. This Ordinance and any Franchise granted pursuant to this Ordinance shall be construed and enforced in accordance with the substantive laws of the State of Utah.
(Ord. 97-42, 12-03-97)
(Ord. 2002-16, 08-07-2002)
(1) “Public accommodation” means a place providing temporary sleeping accommodations to the public and includes:
(a) a motel;
(b) a hotel;
(c) a motor court;
(d) an inn;
(e) a bed and breakfast establishment;
(f) a condominium; and
(g) a resort home.
(2) “Rents” include:
(a) rents; and
(b) timeshare fees or dues.
(3) “Transient” means a person who occupies a public accommodation for less than 30 consecutive days.
(Ord. 2003-14, 4-16-03); (Ord. 2002-16, 08-07-2002)
(Ord. 2002-16, 08-07-2002)
(2) Every person or business taxed under this chapter shall, on or before the thirtieth day of the month following each calendar quarter, file with the city finance director’s office a report of its gross revenue for the preceding quarterly period. The report shall be accompanied by a remittance of the amount of tax due for the period covered by the report.
(3) The City may at its discretion opt to contract with the State Tax Commission to perform any or all of the functions related to the administration of this chapter.
(Ord. 2002-16, 08-07-2002)
(Ord. 2002-16, 08-07-2002)
(Ord. 2018-12, 09-05-2018)
(2) A separate business license shall be required for each mobile food vehicle.
(3) A mobile food business may operate within commercial, industrial, and mixed use zoning districts.
(4) A mobile food business may operate within Tooele City parks in any zoning district:
(a) pursuant to a permitted special event with the written authorization of the special event permit holder; or,
(b) with written authorization of Tooele City for a City event.
(5) A mobile food business may operate on school or church owned property in any zoning district:
(a) for a school or church event; and,
(b) with written authorization of the property owner.
(7) This Chapter shall not apply to vending carts, ice cream trucks, caterers, agricultural vendors, solicitors, itinerant or transient merchants, and other temporary merchants or uses that are regulated elsewhere in this Title 5.
(Ord. 2018-12, 09-05-2018)
“Food Trailer” means a mobile food business that serves food or beverages from a non-motorized vehicle larger than 3 feet in width and 8 feet in length that is normally pulled behind a motorized vehicle. The term “food trailer” shall not include vending carts, food trucks, or ice cream trucks.
“Food Truck” means a mobile food business that serves food or beverages from an enclosed, self- contained motorized vehicle. The term “food truck” shall not include vending carts, food trailers, or ice cream trucks.
“Mobile Food Business” means a business that serves food or beverages from a self-contained unit either motorized or in a trailer on wheels, and is readily movable, without disassembly, for transport to another location. The term “mobile food business” does not include vending carts or ice cream trucks.
“Mobile Food Vehicle” means a food truck or food trailer.
"Vending Cart” means a non-motorized mobile device or pushcart smaller than 3 feet in width and 8 feet in length from which limited types of products are sold or offered for sale directly to any consumer, where the point of sale is at the cart.
(Ord. 2018-12, 09-05-2018)
(a) a copy of the current business license from the other Utah political subdivision;
(b) a copy of the current health department mobile food vehicle permit from a local health department within the state; and,
(c) a copy of the current approval of a Utah political subdivision that shows that the mobile food vehicle passed a fire safety inspection that the other political subdivision conducted in accordance with Utah Code Section 11-56-104, as amended.
(a) the name and address of the applicant and the name and address of all employees operating the mobile food vehicle;
(b) a copy of a current health department food truck permit from the Tooele County Health Department; and,
(c) a copy of a fire safety inspection conducted in accordance with Utah Code Section 11- 56-104, as amended.
(b) the proposed duration of the business activity; and,
(c) a simple site plan, where the mobile food business will operate in the same location for more than 10 hours per week.
(Ord. 2019-26, 11-20-2019) (Ord. 2018-12, 09-05-2018)
(2) Notwithstanding the above, the City will not charge a business license fee for a mobile food business that demonstrates that it is licensed by another Utah political subdivision, but may charge a nominal processing fee.
(Ord. 2018-12, 09-05-2018)
(Ord. 2018-12, 09-05-2018)
(1) be designed to meet all applicable health department requirements;
(2) not have a drive-through;
(3) be kept in good operating condition, including no visible peeling paint or rust;
(4) locations to be kept clean and free of grease, refuse, and other debris;
(5) refuse and recycling containers to be provided for use of patrons; and,
(6) enclosures or canopy extensions to be integrated into the design of the mobile food vehicle and to not project onto any portion of a public right-of-way.
(Ord. 2018-12, 09-05-2018)
(Ord. 2018-12, 09-05-2018)
(Ord. 2018-12, 09-05-2018)
(1) comply with all other requirements of this Chapter and of Chapter 8-16 (Special Events); and,
(2) have available for City inspection the following:
(a) a copy of a current health department food truck permit from a local health department; and,
(b) a copy of a current approval of a Utah political subdivision that shows that the mobile food business passed a fire safety inspection conducted in accordance with Utah Code Section 11-56-104, as amended.
(Ord. 2018-12, 09-05-2018)
(Ord. 2024-22, 08-21-2024)
(a) are critical to the travel and transport of persons and property in the business and social life of the City;
(a) compensates the City fairly and reasonably on a competitively neutral and nondiscriminatory basis, as provided herein;
(Ord. 2018-16, 12-19-2018)
(Ord. 2018-16, 12-19-2018)
(3)Provisions Applicable. All of the requirements imposed by this Chapter through the exercise of the City’s police power and not preempted by other law shall be applicable.
(Ord. 2018-16, 12-19-2018)
“Applicable codes” is defined in Utah Code Ann. § 54-21-101(2), as amended.
“Applicable standards” is defined in Utah Code Ann. § 54-21-101(3), as amended.
“Applicant” is defined in Utah Code Ann. § 54-21-101(4), as amended.
“Application” is defined in Utah Code Ann. § 54-21-101(5), as amended.
“Backhaul network” means the lines that connect a provider’s WCFs to one or more cellular telephone switching offices or long distance providers, or the public switched telephone network.
“City” means Tooele City Corporation and Tooele City, Utah.
“Collocate” is defined in Utah Code Ann. § 54-21-101(11), as amended. Except as otherwise allowed by this Chapter, the cumulative impact of colocation at a site is limited to no more than 6 cubic feet in volume for antennas and antenna arrays, and no more than 28 cubic feet in volume of associated equipment, whether deployed on the ground or on the structure itself.
“Construction costs” means all costs of constructing a system, including make ready costs, other than engineering fees, attorney’s or accountant’s fees, or other consulting fees.
“Control” or “controlling interest” means actual working control in whatever manner exercised, including working control through ownership, management, debt instruments, or negative control, as the case may be, of the system or of a provider. A rebuttable presumption of the existence of control or a controlling interest shall arise from the beneficial ownership, directly or indirectly, by any person, or group of persons acting in concert, of more than 35% of any provider (which person or group of persons is hereinafter referred to as “controlling person”). “Control” or “controlling interest” as used herein may be held simultaneously by more than one person or group of persons.
“Distributed antenna system” or “DAS” means a network consisting of transceiver equipment at a central hub site to support multiple antenna locations throughout the desired coverage area.
“FAA” means the Federal Aviation Administration, or any successor thereto.
“FCC” means the Federal Communications Commission, or any successor thereto.
“Franchise” means the rights and obligations extended by the City to a provider to own, lease, construct, maintain, use, or operate a wireless communication system in a right-of-way within the boundaries of the City. Any such authorization, in whatever form granted, shall not mean or include the following: (1) any other permit or authorization required for the privilege of transacting and carrying on a business within the City required by the ordinances and laws of the City; or, (2) any other permit, agreement, or authorization required in connection with operations on right-of-way or public property, including permits and agreements for placing devices on or in poles, conduits, or other structures, whether owned by the City or a private entity, or for excavating or performing other work in or along the right-of-way.
“Franchise agreement” means a contract entered into in accordance with the provisions of this Chapter between the City and a provider that sets forth, subject to this Chapter, the terms and conditions under which a wireless franchise will be exercised.
“In-strand antenna” means an antenna that is suspended by or along a wireline between utility poles and is not physically supported by any attachments to a base station, utility support structure, or tower. An in-strand antenna may not exceed 3 cubic feet in volume. For each in-strand antenna, its associated equipment, whether deployed on the ground or on the structure itself, may not be larger than 17 cubic feet in volume. In calculating equipment volume, the volume of power meters and vertical cable runs for the connection of power and other services shall be excluded. In-strand antennas in the rights-of-way are exempt from the requirements of Chapter 7-27 (Personal Wireless Telecommunications Facilities), but shall comply with the provisions of this Chapter.
“Infrastructure provider” means a person providing to another, for the purpose of providing personal wireless services to customers, all or part of the necessary system which uses the right-of-way.
“Macrocell” means a wireless communication facility that provides radio frequency coverage served by a high power cell site (tower, antenna, or mast). Generally, macro cell antennas are mounted on ground-based towers, rooftops, and other existing structures, at a height that provides a clear view over the surrounding buildings and terrain. Macro cell facilities are typically greater than 3 cubic feet per antenna and typically cover large geographic areas with relatively high capacity and are capable of hosting multiple wireless service providers. For purposes of this Chapter, a macrocell is anything other than a small wireless facility or in-strand antenna. In addition to the requirements of this Chapter, a macrocell must comply with the applicable zoning and land use requirements as Personal Wireless Services Facilities under Chapter 7-27 (Personal Wireless Telecommunications Facilities).
“Micro wireless facility” is defined in Utah Code Ann. § 54-21-101(21), as amended.
“Ordinance” or “wireless ordinance” means the ordinance concerning the granting of wireless franchises in and by the City for the construction, ownership, operation, use, or maintenance of a wireless communication system.
“Person” includes any individual, corporation, partnership, association, joint stock company, trust, or any other legal entity, but not the City.
“Personal wireless services facilities” has the same meaning as provided in Section 704 of the Act (47 U.S.C. Section 332(c)(7)(c)), which includes what is commonly known as cellular services.
“PSC” means the Public Service Commission, or any successor thereto.
“Right-of-way” is defined in Utah Code Ann. § 54-21-101(24), as amended.
“Small wireless facility” is defined in Utah Code Ann. § 54-21-101(35), as amended. Small wireless facilities in the rights-of-way are exempt from the requirements of Chapter 7-27 (Personal Wireless Telecommunication Facilities).
“Stealth design” means technology or installation methods that minimize the visual impact of wireless communication facilities by camouflaging, disguising, screening, or blending into the surrounding environment. Examples of stealth design include facilities disguised as trees (e.g., monopines), utility and light poles, and street furniture.
“Substantial modification” is defined in Utah Code Ann. § 54-21-101(26), as amended.
“Telecommunications” means the transmission, between or among points specified by the user, of information of the user’s choosing (e.g., data, video, voice), without change in the form or content of the information sent and received.
“Telecommunications services” or “services” means any telecommunications or communications services provided by a provider within the City that the provider is authorized to provide under federal, state, and local law, and any equipment and/or facilities required for and integrated with the services provided within the City, except that these terms do not include “cable service” as defined in the Cable Communications Policy Act of 1984, as amended by the Cable Television Consumer Protection and Competition Act of 1992 (47 U.S.C. Section 521, et seq.), and the Telecommunications Act of 1996.
“Telecommunications system” or “system” means all conduits, manholes, poles, antennas, transceivers, amplifiers, and all other electronic devices, equipment, wire, and appurtenances owned, leased, or used by a provider, located in the right-of-way and utilized in the provision of services, including fully digital or analog, voice, data, and video imaging and other enhanced telecommunications services.
“Utility pole” or “pole” is defined in Utah Code Ann. § 54-21-101(28), as amended.
“Transmission equipment” means equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services, including private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services, such as, microwave backhaul.
“Wire” means fiber optic telecommunications cable, wire, coaxial cable, or other transmission medium that may be used in lieu thereof for similar purposes.
“Wireless facility,” “wireless communication facility,” or “WCF” is defined in Utah Code Ann. § 54-21-101(29), as amended.
“Wireless provider” or “provider” is defined in Utah Code Ann. § 54-21-101(31), as amended.
“Wireless service” is defined in Utah Code Ann. § 54-21-101(32), as amended.
“Wireless support structure” is defined in Utah Code Ann. § 54-2-101(34), as amended.
(Ord. 2018-16, 12-19-2018)
(Ord. 2018-16, 12-19-2018)
(Ord. 2018-16, 12-19-2018)
(Ord. 2018-16, 12-19-2018)
(Ord. 2018-16, 12-19-2018)
(Ord. 2018-16, 12-19-2018)
(Ord. 2018-16, 12-19-2018)
(Ord. 2018-16, 12-19-2018)
(1) Application Fees. A provider shall pay the following application fees for the respective applications in accordance with Utah Code Ann. § 54-21-503, as amended:
(a) $100 for each small wireless facility;
(b) $250 for each utility pole associated with a small wireless facility; and,
(c) $1000 for each utility pole or WCF that is not permitted under Utah Code Ann. § 54-21-204, as amended.
(2) Right-of-Way Rate. A provider shall pay a right-of-way rate of the greater of 3.5% of all gross revenues related to the provider’s use of the City’s right-of-way for small wireless facilities or $250 annually for each small wireless facility in accordance with Utah Code Ann. § 54-21-502(2). A provider does not have to the pay this rate if it is subject to the municipal telecommunications license tax under Title 10, Part 4, Municipal Telecommunications License Tax Act.
(3) Permit Fees. The provider shall also pay fees required for any permit necessary to install and maintain the proposed WCF or utility pole.
(4) Authority Pole Collocation Rate. The City adopts the authority pole collocation rate as established in Utah Code Ann. § 54-21-504, as amended.
(Ord. 2018-16, 12-19-2018)
(Ord. 2018-16, 12-19-2018)
(Ord. 2018-16, 12-19-2018)
(Ord. 2018-16, 12-19-2018)
(Ord. 2018-16, 12-19-2018)
(Ord. 2018-16, 12-19-2018)
(Ord. 2018-16, 12-19-2018)
(Ord. 2018-16, 12-19-2018)
(Ord. 2018-16, 12-19-2018)
(Ord. 2018-16, 12-19-2018)
(Ord. 2018-16, 12-19-2018)
necessary for provider’s offering of wireless communication services within the state of Utah.
(2) An annually renewed performance bond or letter of credit from a Utah-licensed financial institution in the amount of $25,000 to compensate the City for any damage caused by the provider to the City’s rights-of-way or property during the term of the franchise agreement or the provider’s abandonment of WCFs within a year after the expiration or termination of the franchise agreement.
(3) A copy of the provider’s FCC license or registration, if applicable.
(4) An insurance certificate for the provider that lists the City as an additional insured and complies with the requirements of the franchise agreement.
(Ord. 2018-16, 12-19-2018)
(Ord. 2018-16, 12-19-2018)
(1) The application is incomplete.
(2) The City provided notice to the applicant that the application was incomplete and provided, with reasonable specificity, the information needed to complete the application.
(3) The provider did not provide the requested information within 30 days of the notice.
(Ord. 2018-16, 12-19-2018)
(Ord. 2018-16, 12-19-2018)
(1) To install in-strand antennas.
(2) To collocate on existing poles.
(3) To collocate on replacement poles in the same or nearly the same location and with such heights as provided in this Chapter or in the franchise.
(4) Lastly, to collocate on new poles.
(Ord. 2018-16, 12-19-2018)
(Ord. 2018-16, 12-19-2018)
(3) A small wireless facility and its associated equipment may not exceed the dimensions set forth in Utah Code Ann. § 54-21-101(25), as amended.
(Ord. 2018-16, 12-19-2018)
(1) Interfere materially with the safe operation of traffic control equipment.
(2) Interfere materially with a sight line or clear zone for vehicular or pedestrian traffic.
(3) Interfere materially with compliance with the Americans with Disabilities Act of 1990, 42 U.S.C. Sec. 12101 et seq., or a similar federal or state standard regarding pedestrian access or movement.
(4) Create a public health or safety hazard.
(5) Obstruct or hinder the usual travel or public safety of the right-of-way.
(6) Violate any applicable law or legal obligation.
(Ord. 2018-16, 12-19-2018)
(a) Existing utility poles. If a WCF is collocated on an existing utility pole, the WCF’s associated equipment may be installed in one of the following methods.
(ii) On a pole. Any equipment enclosure installed on a pole must:
(B) be painted to reasonably match the color of the pole;
(C) not exceed in width the diameter of the pole by more than 3 inches on either side;
(D) not allow the furthest point of the enclosure to extend more than 18 inches from the pole; and,
(E) be installed flush with the grade or, alternatively, the lowest point may not be lower than 8 feet from the grade directly below the equipment enclosure.
(iv) Private property. For any equipment installed on private property, the applicant must provide written permission from the property owner allowing the applicant to locate facilities on the property. If equipment is placed in an enclosure, the enclosure shall be designed to blend in with existing surroundings, using architecturally compatible construction, colors, and landscaping, and shall be located as unobtrusively as possible consistent with the proper functioning of the WCF. Equipment placed on private property may be subject to zoning and land use provisions of Title 7 (Uniform Zoning Title of Tooele City).
(ii) If the installation of the WCF’s equipment within the replacement utility pole is not technologically or economically feasible, a provider may install the WCF’s associated equipment in accordance with any of the methods established in Subsection (1)(a)(ii)-(iv).
(2) As required for the operation of a WCF or its equipment, an electric meter may be installed in accordance with requirements from the electric provider; provided, however, that the electric meter must be installed in the location that (1) minimizes its interference with other users of the City’s rights-of-way, including pedestrians, motorists, and other entities with equipment in the right-of-way, and (2) minimizes any negative aesthetic impact.
(3) The City shall not provide an exemption to these requirements when there is insufficient room in the right-of-way to place facilities at ground-level and comply with ADA requirements, public safety concerns for pedestrians, cyclists, and motorists, or other articulable public safety concerns.
(Ord. 2018-16, 12-19-2018)
(Ord. 2018-16, 12-19-2018)
(2) Integration. WCFs and equipment shall be integrated through location and design to blend in with the existing characteristics of the site. Such WCFs shall be designed to be compatible with the built environment through matching and complimentary existing structures and specific design considerations, such as, architectural designs, height, scale, color, and texture, or be consistent with other uses and improvements permitted in the relevant vicinity, e.g., city block.
(3) Decorative poles. If a provider must displace a decorative pole to collocate a small wireless facility, the replacement pole must reasonably conform to the design aesthetic of the displaced decorative pole.
(4) Downtown Overlay. Subject to Utah Code Ann. § 54-21208, as amended, a provider’s design and location must be approved prior to collocating a new small wireless facility or installing a new utility pole in the Downtown Overlay zoning district (DO) and any neighboring area within a ¼ mile.
(Ord. 2018-16, 12-19-2018)
(2) Stealth design requires screening WCFs in order to reduce visual impact. The provider must screen all substantial portions of the facility from view. Such screening should match the color and finish of the attached support structure.
(3) All WCFs shall be fully encased and enclosed with no exposed wiring.
(4) WCFs and their associated equipment must be installed flush with any pole or support structure (including antennas mounted directly above the top of an existing pole or support structure), and the furthest point of an antenna or equipment may not extend beyond 18 inches from the pole or support structure except if the pole owner requires use of a standoff to comply with federal, state, or local rules, regulations, or laws. Any required standoff may not defeat stealth design and concealment requirements.
(5) Stealth and concealment techniques do not include incorporating faux-tree designs of a kind that are not native to the state.
(Ord. 2018-16, 12-19-2018)
(Ord. 2018-16, 12-19-2018)
(Ord. 2018-16, 12-19-2018)
(Ord. 2018-16, 12-19-2018)
(Ord. 2018-16, 12-19-2018)
(2) Incomplete application. If the City determines the application is incomplete:
(a) the City will specifically identify the missing information in the written notification to the applicant; and,
(b) the review deadline in Subsection (1) is tolled from the day that the City sends the applicant written notice of the missing information or as the applicant and the City agree in writing.
(3) Shot clocks. The City must approve or deny a complete application within:
(a) 30 days, for the installation of an in-strand antenna;
(b) 60 days, for the collocation of a small wireless facility; or,
(c) 105 days, for a new, modified, or replacement utility pole.
(4) Extension. The City may extend the shot clock deadlines in this Section for an additional 10 business days if the City notifies the applicant before the day in which the deadline expires.
(5) Deemed approved. If the City fails to approve or deny an application before its deadline or extended deadline, the application is deemed approved.
(6) Denial. The City may deny an application that fails to meet the requirements of this Chapter. If the City denies an application, the City will notify the applicant of the denial and document the basis for the denial, including any specific laws on which the denial is based.
(7) Cure. Within 30 days of the City’s denial, the applicant may cure any deficiency identified in the City’s denial and resubmit its application without paying an additional application fee. The resubmitted application shall highlight the additional and revised information and materials. The City must approve or deny the resubmitted application within 30 days of its receipt. The City may only review the portions of the application that were missing, deficient, or revised.
(Ord. 2018-16, 12-19-2018)
(a) the collocation of up to 25 small wireless facilities, if all the small wireless facilities in the application are substantially the same type and are proposed for collocation on substantially the same types of structures; or,
(b) the installation, modification, or replacement of up to 25 utility poles.
(3) Submission limit. Within a 30-day period, an applicant may not file more than one consolidated application or multiple applications that collectively seek for a combined total of more than 25 small wireless facilities and utility poles.
(Ord. 2018-16, 12-19-2018)
(Ord. 2018-16, 12-19-2018)
(1) must complete the work approved within the scope of the permit and must make the small wireless facility operational within 270 days after the day on which the City issues the permit, unless the lack of commercial power or communications facilities at the site delays completion, in which case the 270 days begins to run on the date commercial power or communications facilities are accessible at the site;
(2) is authorized to operate and maintain any small wireless facility or utility pole covered by the permit for a period of 10 years from the date of approval; and,
(3) is not authorized to provide communications service within the rights-of-way or to install, place, or operate any other facility or structure in the rights-of-way.
(Ord. 2018-16, 12-19-2018)
(a) the location of the permitted site;
(b) the type of site permit; and,
(c) sufficient evidence that the WCF or utility pole meets or exceeds the requirements of this Chapter at the time of renewal.
(2) A site permit renewal may not be approved unless the covered WCF or utility pole is in compliance with this Chapter at the time the site permit renewal application is submitted.
(3) A site permit renewal application will have the same application fee and review process as a collocation application.
(Ord. 2018-16, 12-19-2018)
(a) routine maintenance;
(b) the replacement of a small wireless facility with a small wireless facility that is:
(i) substantially similar; or,
(ii) smaller in size; or;
(Ord. 2018-16, 12-19-2018)
(2) A WCF’s exception is subject to approval by the City.
(3) An application for a WCF exception shall include the following.
(a) A written statement demonstrating how the exception would meet the standards established in this Chapter.
(b) A site plan that includes the following:
(ii) elevations showing all components of the WCF, as it would appear with and without the exception;
(iii) color simulations of the WCF after construction demonstrating compatibility with the vicinity, as it would appear with and without the exception; and,
(iv) an explanation that demonstrates the following:
(B) the gap can only be filled through an exception to one or more of the standards herein;
(C) the exception is narrowly tailored to fill the service gap such that the WCF conforms to the standards established in this Chapter to the greatest extent possible; and,
(D) the manner in which the applicant proposes to fill the significant gap in coverage, capacity, or technologies of the service network is the least intrusive means on the values that these regulations seek to protect; and,
(v) any other information requested by the City in order to review the exception.
(4) An application for a WCF exception shall be granted if the exception is consistent with the purpose of the standard for which the exception is sought.
(Ord. 2018-16, 12-19-2018)
(2) Macrocells and utility poles that are not permitted under Utah Code Ann. § 54-21-204, as amended, are not subject to the application approval process established in Section 5-27-39 (Application review process). As such, this Section implements, in part, 47 U.S.C. Section 332(c)(7) of the Federal Communications Act of 1934, as amended, as interpreted by the FCC in its Report and Order No. 14-153.
(3) Application review for nonpermitted macrocells and utility poles.
(a) The City shall prepare and make publicly available an application form, the requirements of which shall be limited to the information necessary for the City to consider whether an application is a request to install a nonpermitted macrocell or utility pole.
(a) The manufacturer’s recommended installation, if any.
(ii) For purposes of disqualifying potential alternative sites for the failure to meet the applicant’s service coverage objectives the applicant must provide the following:
(B) detailed technical maps or other exhibits with clear and concise RF data to illustrate that the objective is not met using the alternative; and,
(C) a description of why the alternative does not meet the objective.
(iii) The exception is narrowly tailored to fill the service gap such that WCF conforms to the standards contained in this Chapter to the greatest extent possible.
(iv) The manner in which the applicant proposes to fill the significant gap in coverage, capacity, or technologies of the service network is the least intrusive means on the values that these regulations seek to protect.
(ii) The notice shall provide the following information:
(B) a phone number for the provider by which an individual could request additional information;
(C) a scaled site plan clearly indicating the location, type, height, and width of the proposed tower, separation distances, adjacent roadways, photo simulations, a depiction of all proposed transmission equipment, setbacks from property lines and the nearest buildings, and elevation drawings or renderings of the proposed tower and any other structures; and,
(D) language that states “If you have any public safety concerns or comments regarding the aesthetics or placement of this wireless communication facility, please submit your written comments within 14 days to:
ATTN: Community Development Director
90 North Main Street
Tooele, Utah 84074
(Ord. 2018-16, 12-19-2018)
(2) No antenna, small wireless facility, or other equipment may be added to City poles without a pole attachment agreement with the City or where the City poles are not able to structurally accommodate the antenna, small wireless facility, or other equipment.
(3) WCFs that lawfully existed prior to the adoption of this Chapter shall be allowed to continue their use as they presently exist. This Chapter does not make lawful any WCF that is not fully approved on the date the ordinance codified in this Chapter is adopted, and those pending WCFs will be required to meet the requirements of this Chapter.
(4) The applicant must comply with all federal (such as the Americans with Disabilities Act), state, and local laws and requirements. This includes, but is not limited to, participating in Blue Stakes of Utah as required by Utah Code 54-8a-2 through 54-8a-13, as amended.
(5) In the installation of any WCF within the rights-of-way, care must be taken to install in such a way that does not damage, interfere with, or disturb any other utility or entity that may already be located in the right-of-way or vicinity. Any damage done to another utility’s or entity’s property must be immediately reported to both the City and the owner of the damaged property, and must be promptly repaired by the provider, with the provider being responsible for all costs of repair, including any extra charges that may be assessed for emergency repairs. Failure to notify the City and the owner of the damaged property shall constitute cause for revocation of the franchise agreement. When approving the location for a WCF, the location of utilities’ or other entities’ property, or the need for the location of other utilities, within the rights-of-way must be considered before approval to locate the WCF will be given in order to ensure those other services to the public are not disrupted.
(6) All WCFs and utility poles must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate WCFs and utility poles including RF emissions. If such standards and regulations are changed, and if WCF equipment is added either through colocation or replacement, then the owners of the WCFs and utility poles governed by this Chapter shall bring such WCFs and utility poles into compliance with such revised standards and regulations within 6 months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring WCFs and utility poles into compliance with such revised standards and regulations shall constitute grounds for the removal of the WCF or utility pole at the owner’s expense.
(7) A WCF or utility pole must comply with all applicable codes and standards.
(8) All structures shall be constructed and installed to manufacturer’s specifications, and constructed to withstand a minimum 100-mile per hour (mph) wind, or the minimum wind speed as required by the City’s currently adopted uniform building code.
(9) The following maintenance requirements apply to WCFs, as applicable.
(a) All landscaping shall be maintained at all times and shall be promptly replaced if not successful.
(b) All WCF sites shall be kept clean, neat, and free of litter and refuse.
(c) A WCF shall be kept clean, painted, and in good condition at all times. Rusting, dirty, or peeling facilities are prohibited.
(d) All equipment cabinets shall display a legible operator’s contact number for reporting maintenance problems.
(e) The applicant shall provide a description of anticipated maintenance needs, including frequency of service, personnel needs, equipment needs, and potential safety impacts of such maintenance.
(10) Inspections.
(a) The City or its agents shall have authority to enter onto the right-of-way upon which a WCF is located to inspect the facility for the purpose of determining whether it complies with the applicable codes and applicable standards.
(b) The City reserves the right to conduct such inspections at any time. In the event such inspection results in a determination that a violation of applicable standards set forth by the City has occurred, the City will notify the provider of the violation.
(c) Upon receipt of a notice of violation, the provider will have 30 days from the date of violation to correct the violation. If the provider fails to correct the violation within the 30-day period, the City may remove the violating WCF or utility pole at the provider’s sole expense.
(d) The City may recover all of its costs incurred in processing and removing the violation.
(e) Appeals. The provider may appeal a notice of violation by following the appeals process found in Chapter 1-28.
(Ord. 2018-16, 12-19-2018)
(Ord. 2018-16, 12-19-2018)
(2) Emergency. The City may, at any time, in case of fire, disaster, or other emergency, as determined by the City in its reasonable discretion, cut or move any parts of the wireless communication system and appurtenances located on, over, or under the right-of-way of the City, in which event the City shall not be liable therefor to a provider. The City shall notify a provider in writing prior to, if practicable, but in any event as soon as possible and in no case later than the next business day following any action taken under this Section. Notice shall be given as provided in Section 5-27-74 (Notices).
(3) Temporarily Move System for Third Party. A provider shall, upon prior reasonable written notice by the City or by any person holding a permit to move any structure, and within the time that is reasonable under the circumstances, temporarily move any part of its wireless communication system to allow the moving of the structure. A provider may impose a reasonable charge on any person other than the City for any such movement of its systems.
(Ord. 2018-16, 12-19-2018)
(2) A provider shall obtain the prior written consent of the City to alter any water main, power facility, sewerage or drainage system, or any other municipal structure or facility located on, over, or under the right-of-way of the City required because of the presence of the system. Such consent may be given at the sole discretion of the City. Any such alteration shall be made by the City or its designee on a reimbursable basis.
(3) A provider agrees that it shall be liable for the costs incurred by the City to replace or repair and restore to its prior condition in a manner as may be reasonably specified by the City any municipal structure or any other right-of-way of the City involved in the construction, maintenance, repair, upgrade, or removal of the system that may become disturbed or damaged as a result of any work thereon by or on behalf of a provider pursuant to the wireless franchise.
(Ord. 2018-16, 12-19-2018)
(Ord. 2018-16, 12-19-2018)
(Ord. 2018-16, 12-19-2018)
(2) If the provider fails to make a repair required by the City within a reasonable time after written notice, the City may make the required repair and charge the provider the reasonable, documented, actual cost for the repair.
(3) If the provider’s damage causes an urgent safety hazard, the City may immediately make the necessary repair and charge the provider the reasonable, documented, actual cost for the repair.
(4) The provider shall pay to the City the entire amount of the repair within 30 days of receiving of the City’s invoice.
(Ord. 2018-16, 12-19-2018)
(1) Install and maintain all parts of its wireless communication system in a non-dangerous condition throughout the entire period of its wireless franchise.
(2) Install and maintain its system in accordance with standard prudent engineering practices and comply with all applicable codes and standards.
(3) At all reasonable times, permit examination by any duly authorized representative of the City of the system and its effect on the right-of-way.
(Ord. 2018-16, 12-19-2018)
(Ord. 2018-16, 12-19-2018)
(Ord. 2018-16, 12-19-2018)
(2) Transfer of Wireless Franchise. Upon receipt of a request to transfer a wireless franchise, the City designee shall, if it approves such transfer, send notice affirming the transfer of the wireless franchise to the successor entity. If the City has good cause to believe that the successor entity may not comply with this Chapter or the wireless franchise agreement, it may require an application for the transfer. The application shall comply with Article V of this Chapter.
(3) If PSC Approval Is No Longer Required. If the PSC no longer exists, or if its regulations or state law no longer require approval of transactions described in this Section, and the City has good cause to believe that the successor entity may not comply with this Chapter or the wireless franchise agreement, it may require an application to transfer. The application shall comply with Article V of this Chapter.
(Ord. 2018-16, 12-19-2018)
(1) The sale, assignment, or other transfer of all or a majority of a provider’s assets to another person.
(2) The sale, assignment, or other transfer of capital stock or partnership, membership, or other equity interests in a provider by one or more of its existing shareholders, partners, members, or other equity owners so as to create a new controlling interest in a provider.
(3) The issuance of additional capital stock or partnership, membership, or other equity interest by a provider so as to create a new controlling interest in such a provider.
(4) The entry by a provider into an agreement with respect to the management or operation of such provider or its system.
(Ord. 2018-16, 12-19-2018)
(2) Each permit issued for a WCF or utility pole located within the right-of-way or on City property shall be deemed to have as a condition of the permit a requirement that the applicant defend, indemnify, and hold harmless the City and its officials, officers, agents, employees, volunteers, and contractors from any and all liability, damages, or charges (including attorneys’ fees and expenses) arising out of claims, suits, demands, or causes of action as a result of the permit process, a granted permit, construction, erection, location, performance, operation, maintenance, repair, installation, replacement, removal, or restoration of the WCF or utility pole.
(Ord. 2018-16, 12-19-2018)
(Ord. 2018-16, 12-19-2018)
(1) On file with the City, a full and complete set of plans, records, and “as-built” hard copy maps and, to the extent the maps are placed in an electronic format, they shall be made in electronic format compatible with the City’s existing GIS system, of all existing and proposed installations and the types of equipment and systems installed or constructed in the rights-of-way, properly identified and described as to the types of equipment and facility by appropriate symbols and marks which shall include annotations of all rights-of-way where work will be undertaken. As used herein, “as-built” maps includes “file construction prints.” Maps shall be drawn to scale. “As-built” maps, including the compatible electronic format, shall be submitted within 30 days of completion of work or within 30 days after completion of modification and repairs. “As-built” maps are not required of a provider who is an incumbent local exchange carrier for the existing system to the extent they do not exist.
(2) Throughout the term of the wireless franchise, a provider shall maintain complete and accurate books of account and records of the business, ownership, and operations of a provider with respect to the system in a manner that allows the City at all times to determine whether a provider is in compliance with the wireless franchise. Should the City reasonably determine that the records are not being maintained in such a manner, a provider shall alter the manner in which the books and/or records are maintained so that a provider comes into compliance with this Section. All financial books and records which are maintained in accordance with the regulations of the FCC and any governmental entity that regulates utilities in the state of Utah, and generally accepted accounting principles, shall be deemed to be acceptable under this Section.
(Ord. 2018-16, 12-19-2018)
(Ord. 2018-16, 12-19-2018)
(Ord. 2018-16, 12-19-2018)
(Ord. 2018-16, 12-19-2018)
(2) In the event that an individual or entity violates this Chapter, the City will notify the violating party of the violation and provide 30 days for the party to cure the violation.
(3) If the violation is not cured within 30 days, the City may:
(a) fine the violating party $500 per day until the violation is cured; and,
(b) terminate or suspend any franchises, permits, or licenses held by the violating party.
(4) If the violation is not cured within 180 days of the City’s notice, the City may remove and impound the violating party’s equipment until the violation has been cured. In no event shall the City be required to keep any equipment in impound for longer than 180 days, and the City may dispose of any impounded equipment after 180 days without penalty.
(5) The violating entity may appeal the City’s notice of violation within 10 days in accordance with Chapter 1-28.
(Ord. 2018-16, 12-19-2018)
(Ord. 2018-16, 12-19-2018)
(2) Continuation by Incumbent Local Exchange Carrier. If the provider is the incumbent local exchange carrier, it shall be permitted to continue to operate its system and provide services without regard to revocation or expiration, but shall be obligated to negotiate a renewal in good faith.
(Ord. 2018-16, 12-19-2018)
(2) Removal of abandoned WCF. The City, upon such terms as it may impose, may give a provider written permission to abandon, without removing, any WCF, or portion thereof, directly constructed, operated or maintained under a franchise. Unless such permission is granted or unless otherwise provided in this Chapter, a provider shall remove within a reasonable time the abandoned WCF and shall restore, using prudent construction standards, any affected rights-of-way to their former state at the time the WCF was installed, so as not to impair their usefulness. In removing its WCF, a provider shall refill, at its own expense, any excavation necessarily made by it and shall leave all rights-of-way in as good condition as that prevailing prior to such removal without materially interfering with any electrical or telephone cable or other utility wires, poles, or attachments. The City shall have the right to inspect and approve the condition of the rights-of-way cables, wires, attachments, and poles prior to and after removal. The liability, indemnity, and insurance provisions of this Chapter and of the franchise, and any security fund provided in a franchise, shall continue in full force and effect during the period of removal and until full compliance by a provider with the terms and conditions of this Section.
(3) Transfer of abandoned WCF to City. Upon abandonment of any WCF in place, a provider, if required by the City, shall submit to the City a written instrument, satisfactory in form to the City, transferring to the City the ownership of the abandoned WCF.
(4) Removal of above-ground system. At the expiration of the term for which a franchise is granted, or upon its revocation or earlier expiration, as provided for by this Chapter, in any such case without renewal, extension or transfer, the City shall have the right to require a provider to remove, at its expense, all above-ground portions of a WCF from the rights-of-way, including poles, within a reasonable period of time, which shall not be less than 180 days.
(5) Leaving underground facilities. Notwithstanding anything to the contrary set forth in this Chapter, a provider may abandon any underground facilities in place so long as they do not materially interfere with the use of the rights-of-way or with the use thereof by any public utility, cable operator, or other person.
(Ord. 2018-16, 12-19-2018)
(Ord. 2018-16, 12-19-2018)
(Ord. 2018-16, 12-19-2018)
(Ord. 2018-16, 12-19-2018)
(Ord. 2018-16, 12-19-2018)
(Ord. 2018-16, 12-19-2018)
(Ord. 2018-16, 12-19-2018)
(Ord. 2018-16, 12-19-2018)
(Ord. 2018-16, 12-19-2018)
(Ord. 2018-16, 12-19-2018)
(Ord. 2018-16, 12-19-2018)
(Ord. 2018-16, 12-19-2018)
(Ord. 2017-07, 03-15-2017) (Ord. 2003-28, 12-17-03) (Ord. 1981-14, 05-25-1981)
(2) Division and Department officers are hereby authorized and empowered to apprehend, transport, and impound domesticated dogs and cats found in violation of this Title, or any animal involved in a violation of State of Utah law, including licensable dogs and cats for which no license has been procured in accordance with this Title, and any licensed or unlicensed dogs or cats for any other violations of this Title.
(3) Division and Department officers shall have the power to enter into any building or upon any property within the city when they have probable cause to believe that there exits in any building and/or upon any property any violation of the provisions of this Title or other applicable law, provided that:
(a) If such building and/or property is presently occupied, enforcement personnel shall first present proper credentials to the occupant and request entry, explaining the reasons therefor; and if such building and/or property is unoccupied, enforcement personnel shall first make a reasonable effort to locate the owner thereof or other persons having authority over the building and/or property and request entry, explaining the reasons therefor. If entry into said building or upon said property be refused or the owner of the property or building cannot be located, an officer shall obtain a warrant for the entry and inspection of said building and/or said property.
(b) Notwithstanding the provisions of Subsection (a), if an officer has probable cause to believe that a violation of this Title has occurred and that exigent circumstances exist such that it reasonably appears that a person or animal may be in peril of death or bodily injury, the officer shall have the power to immediately enter and inspect such building and/or property and may use any reasonable means required to effect such entry and make such inspection, whether such building and/or property is occupied or unoccupied, and whether or not permission to inspect has been obtained. If the building and/or property is occupied, the officer shall present proper credentials to the occupant and explain the reasons for the entry. Additionally, the provisions of Subsection (a) shall not prohibit the an officer from entering upon unenclosed private property while pursuing an animal in violation of this Title.
(Ord. 2023-32, 08-03-2023) (Ord. 2017-07, 03-15-2017) (Ord. 2003-28, 12-17-03) (Ord. 1981-14, 05-25-1981)
(a) Enforce this Title and perform other responsibilities pursuant thereto.
(b) Supervise Division personnel.
(c) Keep adequate records of all animals impounded.
(2) Each officer shall:
(a) Enforce this Title in all respects pertaining to animal control within Tooele City, including the impounding of animals, and prevention and prosecution of cruelty to animals.
(b) Carry out all duties prescribed or delegated by the commander.
(Ord. 2023-32, 08-03-2023) (Ord. 2017-07, 03-15-2017) (Ord. 2003-28, 12-17-03) (Ord. 1981-14, 05-25-1981)
(Ord. 2017-07, 03-15-2017) (Ord. 2003-28, 12-17-03) (Ord. 1981-14, 05-25-1981)
“Animal” means any live, non-human vertebrate creature, whether wild or domesticated. In the context of provisions regarding dogs and cats, "animal" refers specifically to dogs and cats.
“Animal boarding establishment” means any establishment that takes in animals for boarding for profit.
“Animal grooming parlor” means any establishment maintained for the purpose of offering cosmetological services to animals for profit.
“Animal shelter” and “shelter” means a public or private facility owned or operated by a governmental entity, by an established animal welfare society, or by a veterinarian and used for the care and custody of seized, stray, homeless, quarantined, abandoned, or unwanted dogs and cats.
“Animal at large” means any domesticated dog or cat, whether or not licensed, not under restraint.
“Animal under restraint” means any dog or cat under the control of a person, except that a dog shall not be considered under restraint unless on a leash or lead, within a secure enclosure, or otherwise securely confined.
“Attack” or “attacking” means any menacing action by an animal which places a person or another animal in danger of imminent physical pain or impairment of physical condition. Actual physical contact shall not be required to constitute an attack. Attacking shall include biting, attempting to bite, chasing, tackling, nipping, or otherwise threatening.
“Bite” or “biting” means an animal’s use of teeth upon a person or animal whether or not an injury actually results.
“Cat” means any feline of the domesticated types over four months of age. Any feline under four months of age is a kitten.
“Cattery” means a location where a person engages in boarding, breeding, buying, grooming, sheltering, or selling cats.
“Community cat” See Utah Code 11-46-302, as amended.
“Community cat caretaker” See Utah Code 11-46- 302, as amended.
“Community cat colony” See Utah Code 11-46-302, as amended.
“Community cat program” See Utah Code 11-46- 302, as amended.
“Commander” means the supervisor of the Division of Animal Control.
“Department” means the Tooele City Police Department.
“Division” means the Division of Animal Control, a division of the Tooele City Police Department.
“Dog” means any canis familiaris over four months of age. Any canis familiaris under four months of age is a puppy.
“Domesticated animal” means an animal accustomed to living in or about the habitation of humans and other animals, including cats, dogs, and farm animals.
“Ear-tipping” See Utah Code 11-46-302, as amended.
"Farm animal" See TCC 7-15.
“Feral” See Utah Code 11-46-302, as amended.
“Guard dog” means a working dog which is kept under strict control such that it cannot come into direct contact with the public, including in a fenced run or other secure enclosure, or on a leash or lead, and located on a business premises as part of the business premises security.
“Harbor” means keeping, feeding, maintaining, sheltering, exercising ownership of, or caring for an animal.
“Holding facility” means any pet shop, kennel, cattery, groomery, riding school, stable, animal shelter, veterinary hospital, humane establishment, shelter, or any other such facility used for keeping animals.
“Impoundment” means the taking of an animal into the custody of the Shelter, Division or Department.
“Kennel” means a location where a person engages in boarding, breeding, buying, letting for hire, training for a fee or selling dogs.
“Leash or lead” means any chain, rope, or other similar device used to restrain an animal.
“Officer” means an Animal Control Division officer and a Department peace officer.
“Person” means an individual and any legal entity, including a corporation, firm, partnership, or trust.
“Pet” means a domesticated animal kept for pleasure rather than utility, including, but not limited to birds, cats, dogs, fish, hamsters, mice, and other animals associated with the human environment. Pet does not include wild animals, exotic animals, farm animals, or livestock unless expressly included under other provisions of this Code.
“Pet shop” means any establishment containing cages or exhibition pens, not part of a kennel or cattery, wherein dogs, cats, birds, or other pets are kept or displayed for sale.
“Provoked,” “provoking,” or “provocation” means any act by a person towards a dog or any other animal done recklessly, knowingly, or intentionally, to tease, torment, abuse, assault, or otherwise cause a reaction by the dog or other animal, provided however, that any act by a person done with the intention to discourage or prevent a dog or other animal from attacking or biting shall not be considered to be a provocation.
“Quarantine” means the isolation of an animal in a secure enclosure so that the animal is not subject to contact with other animals or unauthorized persons.
“Riding school” and “stable” mean an establishment which provides boarding or riding instruction for any horse, pony, donkey, mule, or burro, or which offers such animals for hire.
“Service animal” means an animal defined as a service animal by the U.S. Department of Justice, and includes a dog that is individually trained and certified to do work or perform tasks for a person with a disability.
“Sponsor of a community cat colony” See Utah Code 11-46-302, as amended.
“Stray” means any animal at large.
“Supervisor” means an animal shelter manager or officer manager, under the supervision of the commander.
“Wild animal,” and "exotic animal” mean any animal which is not commonly domesticated, or which is of a predatory nature that would constitute an unreasonable danger to human life, health, or property if not kept or confined in a safe and secure manner, including those animals which, as a result of their natural condition, cannot be vaccinated effectively for rabies. Those animals, however domesticated, shall include the following
(a) Alligators and crocodiles.
(b) Bears (ursidae).
(c) Cat family (felidae). All except the commonly accepted domesticated cats, and including cheetah, cougars, leopards, lions, lynx, panthers, mountain lions, tigers, and wildcats.
(d) Dog family (canidae). All except domesticated dogs, and including wolf, part wolf, fox, part fox, coyote, and part coyote.
(e) Porcupine (erethizontidae).
(f) Primate (hominiddae). All subhuman primates, including apes, gorillas, monkeys, and lemurs.
(g) Raccoon (prosynnidae). All raccoons including eastern raccoon, desert raccoon and ring-tailed cat.
(h) Skunks, except skunks that are de- scented and neutered or spayed.
(i) Venomous fish and piranha.
(j) Venomous snakes and lizards.
(k) Weasels (mustelidae). All weasels, including martens, wolverines, badgers, otters, ermine, mink, mongoose, and ferrets, but excepting domesticated ferrets.
(Ord. 2023-32, 08-03-2023) (Ord. 2020-07, 03-04-2020) (Ord. 2017-07, 03-15-2017) (Ord. 2008-11, 11-05-2008) (Ord. 2006-19, 08-16-2006) (Ord. 2003-28, 12-17-2003) (Ord. 1988-28, 09-07-1988)
(2) Any person owning, possessing, or harboring any dog or cat shall obtain a license for such animal within 30 days after the dog or cat reaches the age of four months; or, in the case of a dog or cat over the age of four months, within 10 days of the acquisition of the dog or cat.
(3) License renewal applications must be submitted annually to the Finance Department, utilizing a standard form which includes the name, address, and telephone number of the applicant; the name, breed, sex, color, and age of the animal; and full rabies immunization information. The application shall be accompanied by the prescribed license fee and by a current rabies vaccination certificate.
(4) Dog and cat license fees shall be as contained in the Tooele City Fee Schedule.
(5) No dog or cat will be licensed as spayed or neutered without proof that the animal has been sterilized.
(6) The license shall be effective from the date of purchase through December 31 of the license year. A late fee shall be imposed upon licenses renewed after February 28. Licenses for the following year may be purchased as early as October 1.
(7) No person or persons may own or harbor at any one residence within Tooele City any combination of dogs and cats that exceeds a total of 4 animals.
(Ord. 2023-32, 08-03-2023) (Ord. 2017-07, 03-15-2017) (Ord. 2008-11, 11-05-2008) (Ord. 2003, 12-17-2003) (Ord. 1994-55, 12-08-1994) (Ord. 1994-17, 03-15-1994) (Ord. 1988-28, 09-07-1988)
(2) License tags are not transferable from one animal to another. No refunds will be made on any license fee for any reason whatsoever. Replacements for lost or destroyed tags shall be issued upon payment of the required fee.
(3) Removing or causing to be removed, the collar, harness, or tag from any licensed dog or cat without the consent of the owner or keeper thereof, except a licensed veterinarian, Shelter personnel, or a Division officer, shall be a violation of this Chapter.
(Ord. 2023-32, 08-03-2023) (Ord. 2017-07, 03-15-2017) (Ord. 2003-28, 12-17-2003) (Ord. 1981-14, 05-25-1981)
(a) individual dogs and cats within a properly licensed dog kennel, cattery, or other such establishment when such dogs or cats are held for resale.
(b) community cats that belong to a community cat colony as defined by Utah Code 11-46-302, as amended.
(2) The fee provisions of Sections 6-3-1 and 6-3-2 shall not apply to dogs especially trained and used to assist officers and other officials of government agencies in the performance of their official duties.
(Ord. 2024-16, 06-05-2024) (Ord. 2020-07, 03-04-2020) (Ord. 2017-07, 03-15-2017) (Ord. 2003-28, 12- 17-2003) (Ord. 1981-14, 05-25-1981)
(Ord. 2020-33, 08-19-2020) (Ord. 2003-28, 12-17-2003)
(Ord. 2023-32, 08-03-2023) (Ord. 2020-07, 03-04-2020) (Ord. 2017-07, 03-15-2017) (Ord. 2003-28, 12-17-2003) (Ord. 1981-14, 05-25-1981)
(Ord. 2023-32, 08-03-2023) (Ord. 2017-07, 03-15-2017) (Ord. 1990-16, 09-11-1990)
(Ord. 2023-32, 08-03-2023) (Ord. 2017-07, 03-15-2017) (Ord. 1981-25, 05-21-1981)
(Ord. 2017-07, 03-15-2017) (Ord. 1981-14, 05-25-1981)
(2) It is unlawful for any person keeping, harboring, or having charge, care, custody, or control of any animal to allow the animal to be within Zone 1 of any designated groundwater source protection area (within a 100-foot radius of a wellhead or spring collection area).
(3) This Section shall apply to community cat colonies.
(4) This Section shall not apply to service animals, as defined.
(Ord. 2023-32, 08-03-2023) (Ord. 2020-07, 03-04-2020) (Ord. 2017-07, 03-15-2017) (Ord. 2003-28, 12-17-2003) (Ord. 1981-14, 05-25-1981)
(Ord. 2023-32, 08-03-2023) (Ord. 2020-33, 08-27-2020) (Ord. 2003-28, 12-17-2003)
(1) Any animal which:
(a) causes damage to the property of anyone other than its owner;
(b) causes unreasonable fouling of the air by odors;
(c) causes unsanitary conditions in its enclosures or surroundings;
(d) creates a breeding place for flies or other insects;
(e) defecates on any public sidewalk, park strip, park, or building, or on any private property without the consent of the owner of such private property, unless the person owning, harboring, or having care, charge, custody, or control of such animal shall bag and remove immediately such defecation to a proper trash receptacle;
(f) barks, whines, howls, or makes other noises in an excessive, continuous, disturbing, or untimely fashion;
(g) unreasonably disturbs passersby or chases passing vehicles;
(h) is in violation of Chapter 5-6b (Aggressive Animals);
(i) engages in actions during any 12-month period resulting in 3 or more criminal convictions.
(2) Any animals which, by virtue of the number maintained, are determined by an officer or the Tooele City-County Health Department to be offensive or dangerous to the public health, welfare, and safety.
(Ord. 2020-33, 08-27-2020) (Ord. 2017-07, 03-15-2017) (Ord. 2003-28, 12-17-2003) (Ord. 1996-03, 02-07-1996)
(2) An owner of a nuisance-causing animal other than a dog or a cat shall eliminate the nuisance. Upon the third nuisance conviction and/or abatement, the City Attorney's Office may petition a court of competent jurisdiction to compel permanent removal of the animal from the Tooele City corporate limits.
(Ord. 2023-32, 08-03-2023) (Ord. 2017-07, 03-15-2017) (Ord. 2008-11, 11-05-2008) (Ord. 2003-28, 12-17-2003) (Ord. 1996-03, 02-07-1996) (Ord. 1981-14, 05-25-1981)
(2) Each and every day that a violation of Section 6-5-3 continues shall constitute a separate offense.
(Ord. 2017-07, 03-15-2017) (Ord. 2003, 12-17-2003) (Ord. 1996-03, 02-07-1996)
(Ord. 2017-07, 03-15-2017) (Ord. 2003-28, 12-17-2003)
(Ord. 2017-07, 03-15-2017) (Ord. 2003-28, 12-17-2003)
(Ord. 2017-07, 03-15-2017) (Ord. 2003-28, 12-17-2003)
(1) The victim was tormenting, abusing, or assaulting the animal or has, in the recent past, tormented, abused, or assaulted the animal.
(2) The victim was committing or attempting to commit a crime.
(3) The victim was trespassing on private property owned, leased, or rented by the person keeping the animal.
(4) The animal was on a substantial leash or lead, or within fenced private property owned, leased, or rented by the person keeping the animal, and the animal was responding to attack or to intrusion upon the property by another animal.
(Ord. 2017-07, 03-15-2017) (Ord. 2003-28, 12-17-2003)
(2) After 10 days and subject to the terms of Section 6-6-7, the shelter shall return the impounded animal to the animal’s owner or custodian upon payment of the applicable fees unless a complaint pursuant to Section 6-5b-6 has been filed. If a complaint has been filed, the shelter shall retain the animal until proceedings are complete and a final determination has been made whether the animal is dangerous or potentially dangerous. If the animal is ultimately declared dangerous or potentially dangerous, the animal’s owner or custodian shall be responsible for all expenses of the impoundment.
(3) In lieu of impoundment, the Division may allow the animal to be confined at the owner’s or custodian’s expense in a City approved kennel or veterinary facility within the city. The owner or custodian shall not remove the animal from the kennel or veterinary facility without the prior written approval of the Shelter supervisor or authorized representative.
(4) Any person who owns or possesses the animal to be impounded and who refuses to surrender the animal upon demand of the Division is guilty of a class B misdemeanor.
(Ord. 2023-32, 08-03-2023) (Ord. 2017-07, 03-15-2017) (Ord. 2008-11, 11-05-2008) (Ord. 2003-28, 12-17-2003)
(2) A dog or cat shall be declared potentially dangerous if, unprovoked, it:
(a) bit a human being or domesticated animal whether on public or private property;
(b) chased or approached a person upon public or private property in an apparent attitude of attack; or,
(c) has a known propensity to attack unprovoked, or to cause injury or otherwise to threaten the safety of humans or domesticated animals.
(3) A dog or cat shall be declared dangerous when the animal has done any of the following:
(a) killed a human being or inflicted injury on a human being that created or caused protracted physical pain, permanent disfigurement, or temporary or permanent impairment of any bodily member or organ;
(b) without provocation, killed a pet, livestock, farm animal, or other domesticated animal;
(c) bitten or endangered the safety of humans or domesticated animals after previously having been found to be potentially dangerous; or,
(d) done any of the acts listed in subparagraph (2) that would classify the animal as potentially dangerous, but after a hearing held pursuant to Section 6-5b-7, the hearing examiner reasonably believes that the animal poses an unreasonable risk of inflicting death or substantial bodily injury on a human being or domesticated animal.
(4) In making a determination whether a dog or cat is potentially dangerous or dangerous, the hearing examiner shall consider each of the following factors:
(a) any previous history of the animal attacking or biting a human being or domesticated animal;
(b) the nature and extent of injuries inflicted and the number and ages of victims involved;
(c) the location where the attack took place;
(d) the presence or absence of any provocation or other circumstance that would justify or explain the bite or attack;
(e) the extent to which property has been damaged or destroyed;
(f) whether the animal exhibits any characteristics of being trained for fighting or attacking, and any evidence to show such training;
(g) whether the animal exhibits characteristics of aggressive or unpredictable temperament or behavior in the presence of human beings or domesticated animals;
(h) whether the animal can be effectively trained or retrained to change its temperament or behavior;
(i) the manner in which the animal has been kept by its owner or custodian;
(j) the owner’s or custodian’s past and future ability and willingness to train and control the animal;
(k) any other relevant information or evidence regarding the ability of the owner or custodian, or the Division, to protect the public safety in the future if the animal is permitted to remain in the city.
(5) If the hearing examiner determines that the dog or cat is potentially dangerous, and if the owner or custodian is able and willing to properly train, handle, and maintain the animal, the hearing examiner may impose reasonable terms, conditions, and restrictions upon the owner’s or custodian’s continued possession of the animal and the training, handling, and maintenance of the animal to protect the public health, safety, and welfare.
(6) If the hearing examiner determines that the dog or cat is dangerous, the Division shall order the shelter supervisor to humanely destroy the animal.
(7) Unless otherwise precluded by order of a court of competent jurisdiction, the shelter supervisor shall authorize the destruction of the dog or cat 5 business days after a final determination either by the Chief of Police (or designee), or by the Administrative Hearing Officer under Chapter 1-28, that the animal is dangerous.
(8) Any dog or cat that is determined to be potentially dangerous by the hearing examiner shall be permanently identified as such by the Division by the use of photographs or permanent marking, or both, prior to the animal’s release from impound or confinement.
(9) Any dog or cat that is determined to be potentially dangerous, or that is determined to not be dangerous or potentially dangerous, shall be presumed abandoned if the animal is not redeemed from impound within 5 business days of notice of the determination, and may thereafter be humanely destroyed, adopted, or otherwise disposed of.
(Ord. 2017-07, 03-15-2017) (Ord. 2008-11, 11-05-2008) (Ord. 2003-28, 12-17-2003)
(2) After receiving an application alleging that a dog or cat is dangerous or potentially dangerous, the Department shall give notice of the hearing to the applicant and to the owner or custodian of the animal. The notice shall include the following:
(a) the purpose and reason for holding the hearing;
(b) the requested remedy or penalty; and,
(c) the time and place where the hearing is to be held.
(3) At the hearing, the owner of the animal, the complainant or complainants, if any, and the Division shall be given an opportunity to present evidence and to call and cross-examine witnesses.
(4) The hearing examiner may continue the hearing from time to time upon good cause being shown.
(5) Hearings need not be conducted according to technical rules relating to evidence or witnesses. Any relevant evidence shall be admissible if it is the sort of evidence on which responsible persons are accustomed to rely in conduct of serious affairs, regardless of the existence of any common law or statutory rule to the contrary. Hearsay evidence may be admitted for the purpose of supplementing or explaining any direct evidence, but generally will not be sufficient in itself to support a finding. Oral evidence shall be taken only on oath or affirmation. Other evidence may be admitted upon proffer.
(6) A recording or transcript of the hearing may be taken at the expense of the party desiring the record.
(7) The burden is on the Division or complainant to show by a preponderance of the evidence that the animal should be declared dangerous or potentially dangerous.
(8) Unless otherwise granted additional time by the Chief of Police, the hearing examiner shall, within 10 days of the conclusion of any hearing, submit a written report to the Chief of Police containing a summary of the evidence and stating the hearing examiner’s findings and recommendations. The report shall be a public record and shall be served upon the owner of the animal by certified mail. A failure by the hearing examiner to submit a timely report shall not constitute grounds to challenge, overrule, or otherwise annul the hearing examiner’s recommendations or the Police Chief’s subsequent decision.
(9) If the hearing examiner determines that the animal is potentially dangerous, the hearing examiner shall make recommendations in accordance with Sections 6-5b-6(5). Terms, conditions, or restrictions may include the following:
(a) selection of locations within the owner’s property or premises where the animal must be kept;
(b) requirements as to size, construction, materials, and design of an enclosure where the animal must be kept;
(c) specialized training from a trainer or training program approved by the Division to correct any of the animal’s behavioral problems;
(d) prohibiting the addition of any new animal at the premises;
(e) types and methods of restraint, or muzzling, or both;
(f) photo identification or permanent marking, or both, for purposes of identification;
(g) payment of an additional annual $50 license fee;
(h) procurement and maintenance of a $25,000 liability policy insuring against personal injuries that may be caused by the animal; and,
(i) revocation of the animal license or permit.
(10) The Chief of Police shall review the hearing examiner’s findings and recommendations. The Chief of Police may adopt or reject the findings of the hearing examiner, or may adopt or modify the recommendations of the hearing examiner, or may return the matter to the hearing examiner requesting additional evidence, findings, and recommendations. The Police Chief’s decision shall be finalized in writing and shall be served upon the owner of the animal in person or by certified mail. The Police Chief’s decision shall be considered issued for purposes of appeal and enforcement on the date of mailing to the animal owner.
(Ord. 2017-07, 03-15-2017) (Ord. 2008-11, 11-05-2008) (Ord. 2003-28, 12-17-2003)
(Ord. 2017-07, 03-15-2017) (Ord. 2013-07, 04-17-2013) (Ord. 2012-20, 09-19-12) (Ord. 2003-28, 12-17-2003)
(a) after a final decision declaring the animal dangerous; or,
(b) within the city limits in violation of any term, condition, or limitation imposed upon the owner’s continued possession or control of the animal pursuant to a final decision rendered under the provisions of this Chapter.
(2) Each and every day that a violation of this Chapter continues shall constitute a separate offense.
(Ord. 2023-32, 08-03-2023) (Ord. 2017-07, 03-15-2017) (Ord. 2008-11, 11-05-2008) (Ord. 2003-28, 12-17-2003)
(Ord. 2003-28, 12-17-2003)
(2) The owner of an animal that bites a person, and any person bitten by an animal, shall report the bite to the Department or the Tooele County Health Department within 24 hours of the bite, whether or not the biting animal is of a species subject to rabies.
(3) A physician or other medical person who renders professional treatment to a person bitten by an animal shall report the bite and the treatment to the Department within 24 hours of treatment. He or she shall report the name, gender, and address of the person bitten as well as the type and location of the bite. If known, he or she shall report the name and address of the owner of the animal that inflicted the bite, the name, species, and breed of the animal that inflicted the bite, and any other facts that may assist the Division in ascertaining the immunization status of the animal.
(4) Any person treating an animal bitten or wounded by another animal shall report the incident to the Department. The report shall contain the name and address of the owner of the bitten or wounded, the name and address of the owner and description of the animal which caused the injury, and the location of the incident.
(5) Any person not conforming with the requirements of this Section shall be in violation of this Section and subject to a civil penalty of $100.
(Ord. 2017-07, 03-15-2017) (Ord. 2003-28, 12-17-2003) (Ord. 1981-14, 05-25-1981)
(2) Rabies vaccinations shall be considered valid only when performed by a licensed veterinarian or accredited animal rescue organization.
(3) The owner or person having the charge, care, custody, or control of a cat or dog shall have the animal vaccinated for rabies within 30 days after it reaches 4 months of age. Unvaccinated dogs or cats over 4 months of age acquired or moved into the city must be vaccinated for rabies within 30 days after coming into the city. Thereafter, every dog shall be revaccinated every 36 months and every cat shall be revaccinated every 12 months. Any person not conforming with the requirements of this subsection shall be guilty of a class C misdemeanor. This Subsection shall not apply to veterinarians or kennel operators temporarily keeping on their premises animals owned by others.
(4) The most current publication of the Compendium of Animal Rabies Control, published annually by the National Association of State Public Health Veterinarians, Inc., shall be the reference document for animal vaccine use.
(Ord. 2017-07, 03-15-2017) (Ord. 2003-28, 12-17-2003) (Ord. 1990-11, 06-14-1990)
rabies vaccination, which shall include the following information:
(1) animal owner’s name and address;
(2) description of animal (breed, sex, markings, age, name);
(3) date of vaccination;
(4) rabies vaccination tag number;
(5) type of rabies vaccine administered; and,
(6) manufacturer’s vaccine serial number.
A copy of the certificate shall be distributed to the owner, and the original shall be retained by the issuing veterinarian. The veterinarian and the owner shall retain their copies of the certificate for the interval between vaccinations specified in section 6-6-2 such that the most recent certificate is always on file. Additionally, a metal or durable plastic rabies vaccination tag, serially numbered, shall be securely attached to the collar or harness of the animal.
(Ord. 2017-07, 03-15-2017) (Ord. 2003-28, 12-17-2003) (Ord. 1981-14, 05-25-1981)
(Ord. 2017-07, 03-15-2017) (Ord. 2003-28, 12-17-2003) (Ord. 1981-14, 05-25-1981)
(2) Any vaccinated animal impounded because of a lack of a rabies vaccination tag may be reclaimed by its owner within 10 days of impoundment upon furnishing proof of rabies vaccination and payment of all impoundment fees prior to release.
(3) Any unvaccinated animal may be reclaimed by its owner within 10 days of impoundment upon payment of all impoundment fees and by obtaining a rabies vaccination, and providing a copy of the vaccination certificate to the Division, within 72 hours of release.
(4) Any animal not reclaimed as provided in this Section may be disposed of pursuant to provisions of Section 6-7-3.
(Ord. 2017-07, 03-15-2017) (Ord. 2003-28,12-17-2003) (Ord. 1981-14, 05-21-1981)
(Ord. 2017-07, 03-15-2017) (Ord. 1981-14, 05-21-1981)
(2) The owner of any animal of a species subject to rabies which has bitten another animal or a person shall surrender the animal to an officer upon request. Any officer may enter upon private property to seize the animal; if the owner refuses to surrender the animal, the officer may immediately obtain a search warrant authorizing seizure and impoundment of the animal.
(3) Any animal of a species subject to rabies that bites a person or animal or is suspected of having rabies shall be seized and quarantined for observation for a period of not less than 10 days by the Division. The owner of the animal shall bear the costs and fees for impoundment and quarantine. The shelter shall be the normal place for quarantine, but other arrangements may be made by the shelter supervisor if the animal’s rabies vaccination is current or if there are other special circumstances justifying the exception, in the discretion of the shelter supervisor. A person who has custody of an animal under quarantine shall immediately notify the Division if the animal shows any signs of sickness or abnormal behavior, or if the animal escapes confinement. It is a class C misdemeanor for any person who has custody of a quarantined animal to fail or refuse to allow a Tooele County Health Department officer or Division officer to make an inspection or examination during the period of quarantine. If the animal dies within 10 days from the date of any bite, the person having custody shall immediately notify the Department. If, at the end of the 10 day period, the shelter supervisor examines the animal and finds no sign of rabies, the animal may be released to the owner provided that no complaint under Section 6-5b- 6 has been filed. In the case of a stray animal, the animal shall be disposed of as provided in Section 6-7-3.
(4) Unvaccinated bitten animals.
The owner of an unvaccinated animal should immediately destroy the animal if it has been bitten by a rabid animal. If the owner is unwilling to destroy the bitten or exposed animal, the animal shall be immediately isolated and quarantined for 6 months under veterinary supervision, the cost of such confinement to be paid in advance by the owner. The animal shall be destroyed if the owner fails to isolate and quarantine the animal under veterinary care for the requisite period.
(5) Vaccinated bitten animals.
(a) In the event that a bitten or exposed animal has been vaccinated, the animal shall be revaccinated within 24 hours and quarantined for a period of 30 days following revaccination; or,
(b) If the animal is not revaccinated within 24 hours, the animal shall be isolated and quarantined under veterinary supervision for 6 months.
(c) The animal shall be destroyed if the owner does not comply with items (a) or (b) of this Subsection (5).
(6) Any person who removes any such animal from the place of quarantine without written permission of the shelter supervisor is guilty of a class B misdemeanor.
(7) Repealed.
(Ord. 2017-07, 03-15-2017) (Ord. 2003-28, 12-17-2003) (Ord. 1981-14, 05-25-1981)
(2) The following dogs and cats may be taken into custody and impounded without the filing of a complaint:
(a) any animal being kept contrary to Tooele City Code Title 6;
(b) any animal creating a nuisance;
(c) any animal required to be licensed which is not licensed. An animal not wearing a tag shall be presumed to be unlicensed;
(d) any sick or injured animal whose owner cannot be located after reasonable effort;
(e) any lost, strayed, or abandoned animal;
(f) any animal required to be vaccinated for rabies which is not so vaccinated;
(g) any animal to be held for quarantine;
(h) any animal at large;
(i) any animal that has attacked a person or domestic animal; and,
(j) any animal that has bitten a person or domestic animal.
(3) The following dogs and cats shall be immediately taken into custody and impounded:
(a) any animal that has bitten a person or a domestic animal without provocation;
(b) any animal that has been determined to be dangerous pursuant to Section 6-5b-6; and,
(c) any animal previously designated as a potentially dangerous animal that is not being kept under the conditions imposed pursuant to Sections 6-5b-6 or 6- 5b-7.
(Ord. 2023-32, 08-03-2023) (Ord. 2017-07, 03-15-2017) (Ord. 2003-28, 12-17-2003) (Ord. 1994-02, 01-11-1994)
(1) a detailed description of the animal, including tag number, if present;
(2) the reason for and the date of impound;
(3) the location of the pickup;
(4) the name of the officer picking up the animal;
(5) the name and address of any person relinquishing an animal to the officer or to the animal shelter;
(6) the name and address of the redeemer or purchaser;
(7) all expenses accruing during impoundment;
(8) all fees received; and,
(9) the manner and date of disposal.
(Ord. 2017-07, 03-15-2017) (Ord. 2003-28, 12-17-2003) (Ord. 1994-02, 01-11-1994)
(2) During impound, reasonable efforts shall be made to identify the animal’s owner and give such owner notification of the impoundment. Notice shall be deemed given when contact is made by telephone or in person, or when a written message is left at the last known address of the registered owner.
(3) The owner of an impounded animal must redeem the animal within 5 business days after notification. Failure to so redeem the animal shall indicate that the animal is abandoned and subject the animal to immediate adoption, rescue, humane destruction, or other disposition.
(4) Each impounded, unredeemed animal shall be kept a minimum of 5 business days after impound, except as otherwise provided in this Title 6.
(5) Following impound, animals which are not redeemed, except for those animals quarantined under the provisions of Section 6-6-7, held under the provisions of Section 6-5b-5, or confined by court order, may be adopted out, delivered to a rescue organization, humanely destroyed, or otherwise disposed of. The Division shall not sell or adopt out any animal that has not been spayed or neutered.
(6) Quarantined animals not redeemed by their owner within 5 business days after the quarantine is ended shall be subject to immediate adoption, rescue, humane destruction, or other disposition.
(7) Any animal voluntarily relinquished or surrendered by its owner to the Division or the Shelter may be immediately adopted out, delivered to a rescue organization, humanely destroyed, or otherwise disposed of.
(8) At the discretion of a Division or Shelter supervisor, any impounded animal having or suspected of having a serious physical injury or a contagious disease requiring medical attention may be released to the care of a veterinarian, with the consent of the owner. The owner shall be responsible for all costs and fees.
(9) When, in the judgment of a Division or Shelter supervisor or officer, an impounded animal must be destroyed for humane reasons or to protect the public from imminent danger to persons or property, the animal may be destroyed without regard to any time limitations otherwise established herein and without court order.
(Ord. 2023-32, 08-03-2023) (Ord. 2017-07, 03-15-2017) (Ord. 2008-11, 11-05-2008) (Ord. 2003-28, 12-17-2003) (Ord. 1994-02, 01-11-1994)
(2) Except as otherwise provided in Title 6, the owner of an impounded animal, or the owner’s agent, may redeem the animal before disposition, provided all applicable impounding, boarding, veterinary, licensing, rabies vaccination, and other fees and costs are first paid.
(3) No impound fee shall be charged for:
(a) the impoundment of a suspected rabid animal if the reporting person complies with Chapter 6-6; or,
(Ord. 2023-32, 08-03-2023) (Ord. 2017-07, 03-15-2017) (Ord. 2008-11, 11-05-2008) (Ord. 2003-28, 12-17-2003) (Ord. 1994-02, 01-11-1994)
(2) Shelter personnel shall do the following:
(a) see that all animals and animal holding facilities at the Shelter are licensed, controlled, and permitted in accordance with any applicable laws and regulations; and,
(Ord. 2023-32, 08-03-2023) (Ord. 2017-07, 03-15-2017) (Ord. 2003-28, 12-17-2003) (Ord. 1981-14, 05-25-1981)
(Ord. 2023-32, 08-03-2023) (Ord. 2017-07, 03-15-2017) (Ord. 2003-28, 12-17-2003) (Ord. 1981-14, 05-25-1981)
(Ord. 2023-32, 08-03-2023) (Ord. 2017-07, 03-15-2017) (Ord. 2003-28, 12-17-2003) (Ord. 1981-14, 05-25-1981)
(2) It shall be the duty of the vehicle operator to remain at or near the scene until such time as an officer arrives. Upon the arrival of an officer, the operator shall immediately provide the operator’s identity, as well as incident details, to the officer. Alternatively, in the absence of the owner of the injured animal, the operator or other person may give aid by taking the animal to the animal shelter or other animal care facility and by promptly notifying the Division. Such animal may be taken in by the animal shelter and dealt with as deemed appropriate by shelter personnel under the circumstances.
(3) Emergency vehicles are exempt from the requirements of this Section.
(Ord. 2017-07, 03-15-2017) (Ord. 2003-28, 12-17-2003) (Ord. 1981-14, 05-25-1981)
(Ord. 2003-28, 12-17-2003) (Ord. 1989-03, 03-01-1989)
(Ord. 2003-28, 12-17-2003)
(Ord. 2017-07, 03-15-2017) (Ord. 2003-28, 12-17-2003) (Ord. 1988-17, 08-03-1988)
(Ord. 2003-28, 12-17-2003) (Ord. 1981-14, 05-25-1981)
(Ord. 2017-07, 03-15-2017) (Ord. 2003-28, 12-17-2003)
(Ord. 1983-05, 04-20-1983)
(Ord. 1983-05, 04-20-1983)
(Ord. 2019-08, 03-20-2019) (Ord. 1983-05, 04-20-1983)
Accessory Drive Through Facility – A building element or design feature that permits goods or services to be provided to a customer while occupying a vehicle, without entering the building.
Accessory Dwelling Unit – A subordinate dwelling, containing its own eating, sleeping, and sanitation facilities, which is:
(1) located internal to or attached to a primary dwelling or non-residential structure; or,
(2) a detached dwelling unit on the same lot as a primary dwelling.
Accessory Outdoor Sales and Display – The placement outside of a building of items for display or sale which are ordinarily available for sale at the location within a building or structure.
Accessory Outside Storage – The outside placement of items which are customary and incidental to the principal use of the property but excluding the outside storage and placement of flammable and hazardous materials.
Accessory Outside Storage of Flammable or Hazardous Materials – The outside placement of flammable or hazardous materials which are customary and incidental to the principal use of the property.
Accessory Use – A use of land or structure or portion thereof customarily incidental and subordinate to the principal use of the land or structure and located on the same parcel with the principal use.
Adjacent – All properties immediately contiguous to a development site, including those which are separated from the site only by a road or other right-of-way or easement.
Adult Day Care – A non-medical facility for the daytime care of adult persons, and not exceeding 12 hours, who due to age or disability require assistance, companionship, association and or supervision during the day by staff members.
Agriculture (Forestry/Horticultural) – An establishment devoted to the tilling of the soil, the raising of crops, pasture, horticulture, trees, orchards and gardens, but not including any agricultural industry or business such as fruit packing plants, canneries or agricultural processing facilities. Includes agricultural support housing, including the occupancy of any dwelling unit by the owner or agricultural employees and their families, without regard to duration, which occurs exclusively in association with the performance of agricultural labor.
Agriculture (Livestock) – An establishment devoted to the tilling of the soil, the raising of crops, and livestock, but not including any agricultural industry or business such as fur farms, animal hospitals, feed lots or similar uses, and including such uses as crop farms, dairy farms, livestock farms, poultry farms, general farms, horse farms, and similar uses. Agriculture (livestock production) includes agricultural support housing, including the occupancy of any dwelling unit by the owner or agricultural employees and their families, without regard to duration, which occurs exclusively in association with the performance of agricultural labor.
Agriculture Business – A business or industry involving agricultural products in manufacturing, packaging, treatment, sales, intensive feeding or storage, including commercial greenhouses, feed yards, fur farms, food packaging or processing plants, commercial poultry and egg production and similar uses.
Airport – Areas used for the landing and takeoff of aircraft, and any appurtenant areas which are intended for use as airport buildings or other airport facilities.
Alter or Alteration – To change, rearrange, enlarge, extend, or reduce any structure or part thereof on the same site.
Animal Hospital – Any facility providing medical or surgical treatment, clipping, bathing or other services, including incidental boarding to dogs, cats and other animals.
Apiary – Any structure or area used for the keeping or bees and/or the collection of honey.
Applicant – The property owner, or authorized agent of the property owner who files an application for development approval pursuant to this Code.
Application – For the purpose of this Title, any written request for approval or issuance of a development order, permit, or license including but not limited to Zoning District amendments, subdivision plats, site plans, building and development permits, variances, Conditional Use Permits.
Asphalt Plant – A facility, structure or area used for the manufacture and mixing of asphalt and asphalt related products, including areas and facilities used for the storage of materials required for asphalt manufacture.
Authorized Agent – Any person with valid authority provided by the Owner, as evidenced by a document, filed with the City, authorizing the Agent to represent the Owner, and acting on behalf of the Owner of land seeking a development permit approval.
Auto Impound Yard, Military Surplus Yard, and Vehicle Storage Yard – Auto Impound Yard – Public or private storage yard for the temporary storage of automobiles under impound as a part of a law enforcement towing and impound rotation program and in compliance with all applicable Utah State laws and regulations.
Automobile Body and Fender Service and Repair – An establishment engaged in the service and repair of body and fender components of automobiles, trucks, motorcycles, motor homes, or recreational vehicles. Typical activities include patching, grinding, sanding, and painting of body and fender parts of any type of vehicle. This use shall be entirely conducted within an enclosed structure and subject to annual inspection by the Tooele City Fire Department and the Tooele City Building Official.
Automobile Sales and Rental – An establishment primarily engaged in the sales and / or rental of automobiles, trucks less than 10.000 G.V.W., motorcycles, motor homes, or recreational vehicles, including sale and servicing. Typical uses include new and used car dealerships, motorcycle dealerships, trailer, or recreational vehicle dealerships, and automobile and light truck rental establishments.
Automobile Service and Repair – An establishment primarily engaged in the mechanical or electrical repair of automobiles, trucks less than 10,000 G.V.W., motorcycles, motor homes, or recreational vehicles. Typical uses include auto repair garages, tire sales and installation, wheel and brake shops, and similar repair and service activities, and where all repair and service activities occur within an enclosed building. This use does not include body and fender shops, and dismantling or salvage of any vehicles.
Bar – An establishment serving alcoholic beverages for consumption on the premises. The term “bar” shall also include taverns, discotheques, night clubs, private liquor clubs and saloons.
Base Zoning District, or Underlying Zoning District – the zoning district applicable to a use of land.
Beauty Shop – An establishment for the cutting, styling, and treatment of hair, skin, fingernails, toenails, etc. Includes a barber shop. Excludes tattoo parlors.
Bed and Breakfast Inn – An establishment in which one to six rooms are rented for overnight lodging to travelers, and where one or more meals are provided to the guests only, the price of which may be included in the room rate.
Boarding House – An existing residential structure a portion of which is used to accommodate for compensation, no more than three boarders or roomers, not including members of the owner’s immediate family.
Building –
(1) any structure, whether portable or fixed typically enclosed within exterior walls under a roof to form a structure, used or intended for supporting or sheltering any use or occupancy; or,
(2) the act or process of constructing a structure.
(1) the midpoint of all pitched areas for sloped roofs; or
Business Office – An establishment primarily engaged in the provision of executive, management, or administrative services. Typical uses include administrative offices and services including real estate, insurance, property management, investment, personnel, travel, secretarial services, telephone answering, and business offices of public utilities, organizations and associations, or other use classifications when the service rendered is that customarily associated with administrative office services.
Campground – Any area of ground upon which two or more campsites are located, established, or maintained for occupancy by camping units, including tents, travel trailers, and recreational vehicles, as temporary living quarters for recreation, education, or vacation purposes.
Car Wash – A structure with machine, or hand-operated facilities used principally for the cleaning, washing, polishing, or waxing of motor vehicles using automated equipment operated by one or more attendants or self-service facilities using customer operated equipment activated by a coin, token, card, or other similar means. A facility of this type may be able to accommodate more than one vehicle at the same time.
Carport – A roofed automobile structure open and unobstructed on two or more sides. A carport is subject to all the requirements for the location and construction of a garage.
Chemical Manufacture and Storage – The manufacture, processing and storage of chemical materials that by reason of materials, processes, products or waste may be hazardous or that by the emission of odor, dust, smoke, gases, noise, vibration, glare, heat or other impacts may impact adjoining properties.
Church – A facility principally used for people to gather together for public religious worship, religious training, or other religious activities. One accessory dwelling for the housing of the pastor or similar leader of the church and their family will be considered customary and incidental as a part of this use.
Cluster – A development design technique that concentrates buildings in specific areas on a site to allow the remaining land to be used for recreation, common open space, agriculture areas and for the preservation of environmentally-sensitive and critical areas.
Commercial Center – A group of retail stores with one or more being a major activity on the site and where all buildings are planned and built as one development with off-street parking provided on the property.
Concrete Plant – A facility, structure or area used for the manufacture and mixing of concrete and concrete related products, including areas and facilities used for the storage of materials required for concrete manufacture.
Conditional Use – A use requiring special consideration and review in the manner identified in this Ordinance.
Conference Center – A facility, separate from another principal use and providing meeting rooms and areas for group gatherings, including areas for dining and accessory parking areas and other facilities.
Construction Cost – The actual costs of construction, including mobilization, equipment, labor, materials, and other typical construction contract costs, but not including design, engineering, surveying, financing, third-party administration, and other indirect costs typically associated with construction contracts.
Contractor’s Display/Office – A facility providing for general building repair, service, and maintenance such as, and including installation of plumbing, roofing, signs, electrical, air conditioning, and heating.
Contractor’s Storage Yard – A facility or area used for the outside storage of building materials and contractor’s equipment and vehicles.
Convalescent Care Facility – See Nursing Home.
Convenience Store – Any retail establishment selling consumer products including prepackaged food and household items, having a gross floor area of less than 4,000 square feet.
Cost Differential – The difference between the Construction Cost of the City’s required minimum standards and specifications for the Eligible Public Improvements, and the Construction Cost of the Eligible Public Improvements required by the City as a condition of development approval.
Cultural and Artistic Uses – A building used for the display of artistic, cultural or historic items, for the conduct of human performances and similar activities including, museums, art galleries dance studios, and concert halls.
Day Care/Preschool (Commercial) – A nonresidential facility providing for the care, supervision, and protection of 17 or more children and complying with all the requirements as licensed and monitored by the State of Utah Department of Human Services. For the purposes of this Code Commercial Day Care includes preschools offering educational programs to 17 or more children at any one time. All Nonresidential Commercial Day Cares and Preschools shall follow all standards for site plan development, including parking, landscaping, building setbacks and so forth as required by the GC General Commercial Zone.
Day Care/Preschool (Home Occupation) – The care of children within a dwelling unit that provides care for four to 16 children (including “infant child care” and “family child care” as defined by the Department of Human Services) under 14 years of age and complying with all the requirements as licensed and monitored by the State of Utah Department of Human Services. Home Occupation Day Care/Preschool does not mean care provided to children by or in the homes of parents, legal guardians, grandparents, brothers, sisters, uncles, or aunts.
Dedication – The legal transference of an interest in land without sale by a property owner to a public agency for a public purpose.
Density – The number of dwelling units per acre with respect to residential land uses.
Depreciation Value – The Construction Cost minus a per annum depreciation of the Construction Cost of 5% for roads and 2% for water, sewer, secondary water, and storm water utilities, beginning one year after the date of development approval.
Developer – The owner or authorized agent of land proposed to be subdivided or developed or who is responsible for any undertaking that requires City review and/or approval pursuant to this Code.
Development Parcel – The real property subject to a development application (for purposes of this definition, the “Subject Property”), plus other adjacent properties with a logical nexus to the property subject to the development application, as determined by the City in light of the following factors, among others:
(1) Land ownership relationships between the Subject Property and adjacent properties;
Disability – a physical or mental impairment that substantially limits one or more of a person’s major life activities. Disability does not include the current use of alcohol or current illegal use of any federally or state of Utah controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C. 802, or in the Utah Controlled Substances Act, U.C.A. Chapter 58-37, each as amended.
Distribution Center – A building used primarily for the inside storage and distribution of goods and materials and the parking and storage of tractor and/or other trailer units.
District – A portion of the city within which certain uses of land and buildings are permitted or prohibited and in which other buildings or land restrictions may be specified as set forth herein.
Dwelling – A building or portion thereof designed for use as the residence or sleeping place of one or more persons or families with cooking and bathroom facilities, but not including hotel, motel, lodge, or nursing home rooms.
Dwelling; Cabin/Seasonal Home – A structure designed to provide housing for the owner, or guests of the owner, on a temporary basis.
Dwelling; Condominium – A structure or group of structures, in which units are owned individually, and the structure(s), common areas and facilities are owned by all the owners on a proportional, undivided basis which has been submitted to condominium ownership under the provisions of the Utah Condominium Ownership Act.
Dwelling; Farm and Ranch Employee Housing – A structure located on an operating farm or ranch and designed to provide housing for employees of the farm or ranch on a temporary or permanent basis.
Dwelling; Manufactured Home – A dwelling unit constructed in accordance with the standards set forth by the Department of Housing and Urban Development and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. A Manufactured home shall comply with all the requirements of this Ordinance generally applicable to a dwelling unit located in the same zoning district.
Dwelling; Mobile Home – A structure built on a permanent chassis, and transported in one or more sections, is eight feet or more in width and 40 feet or more in length, and designed to be drawn by a motor vehicle, and used as a dwelling with or without a permanent foundation and connected to utilities. Pre-manufactured and modular homes not placed on a permanent foundation shall be considered a mobile home.
Dwelling; Multiple-family or Multi-family – A structure designed to be occupied by three or more families, living independently of each other with each unit having its own kitchen, including but not limited to apartments, condominiums and townhouses, but not including motels or hotels.
Dwelling, Primary – A single-family dwelling unit to which an accessory dwelling unit is subordinate.
Dwelling, Single-family – A structure designed to be occupied by one family, the structure having only one dwelling unit.
Dwelling; Townhouse – A single-family dwelling attached in a row of three or more with one or more common walls between each dwelling unit under separate ownership, on their own lot or parcel, with separate private entrances for each unit, and without direct access between units.
Dwelling; Two-family – A structure designed to be occupied by two families, the structure having two dwelling units. Includes a duplex.
Easement – A portion of a lot reserved for present or future use by a person or agency other than the owner of the lot. An easement may be under, on or above the lot.
Eligible Public Improvements – Roads and water, sewer, publicly-owned secondary water, and storm water utilities that are required by the City and that exceed the City’s required minimum standards and specifications for a particular development. Eligible Public Improvements do not include street signs, regulatory signs (e.g. stop signs), street lights, sidewalk, curb & gutter, monuments and markers, landscaping, privately-owned utilities (e.g. telephone, gas, power, cable television, fiber optics), and other similar improvements, as well as features desired by the Developer that exceed the City’s required minimum standards and specifications. Eligible Public Improvements also do not include Public Improvements required as a condition of annexation. The minimum required standards and specifications shall be based on the infrastructure needs of the Development Parcel, as determined by the City.
Extractive Industry – An establishment engaged in the on-site extraction of surface or sub-surface mineral products or natural resources. Typical industries include quarries, sand and gravel quarries, oil and gas extraction, and mining operations.
Family – An individual, or two or more persons related by blood, marriage or adoption, or a group of not more than four unrelated persons living in a dwelling unit and using common cooking facilities.
Farm animals – Animals that are domesticated and normally kept on farm or range lands, commonly referred to as livestock, including but not limited to, horses, cattle, swine, sheep, goats, rabbits, and fowl, including roosters.
Fast Food Restaurant – An establishment in which food is prepared and served for consumption on the premises, and which includes a facility which allows food to be ordered and taken from the premises without leaving a vehicle.
Financial Services – An establishment primarily engaged in the provision of financial and banking services. Typical uses include banks, savings and loan institutions, stock and bond brokers loan and lending activities.
Food and Beverage Processing – An establishment in which foods, grains, or raw materials are processed or otherwise prepared for human consumption, including dairy manufacturing, canning and preserving foods, grain milling, bakery products and beverage manufacturing.
Funeral Home/Mortuary – An establishment engaged in undertaking services such as preparing the human dead for burial or cremation and arranging and managing funerals.
Garage, Private – A detached accessory building, or a portion of a principal building, used for the storage of motor vehicles for the tenants or occupants of a dwelling or specific building and not by the general public.
Garden Center – An establishment where plants are offered for sale and including the sale of related plant and garden items.
Gardening – The care and raising of crops, pasture, trees, orchards vegetables and fruit.
General Industrial Activity – A manufacturing operation or processing and assembly of goods which are not likely to be obnoxious or offensive by reason of emission of odor, dust, smoke, noxious gases, noise, vibration, glare, heat or other impacts, nor hazardous by way of materials, process, product, or waste. Not to include outside storage or warehousing.
General Plan – A plan for the city, allowed by state law, prepared and adopted by the Planning Commission and City Council, and including maps, texts, charts, and graphs.
Golf Course/Country Club – A facility providing land area and buildings containing golf courses, recreational facilities, a clubhouse, and customary accessory uses, open only to members and their guests.
Grade – The average of the existing ground level at the center of all walls of a building. In case walls are parallel to, and within five feet of, a sidewalk, the ground level shall be measured at the sidewalk.
Gravel Pit – See Quarry.
Greenhouse – A building, structure or place where plants are raised for experimental purposes, for transplanting, or for sale.
Guarantee – Escrow bond in an amount and form satisfactory to the City. All guarantees shall be approved by the City wherever required by these regulations.
Hardware Store and Garden Supply Store – A facility for the retail sale of a number of basic hardware items, such as tools, builders’ hardware, paint and glass, home, lawn, and garden supplies; landscaping materials; brick; lumber; and other similar materials, but excluding commercial greenhouses.
Hazardous Materials Storage – Means the importation of hazardous wastes, materials, or substances for treatment, storage for more than ten days, or disposal, either for profit or non-profit purposes, including lithium-ion batteries. A lithium-ion or Li-ion battery is a type of rechargeable battery that uses the reversible intercalation of Li+ ions into electronically conducting solids to store energy.
Hazardous Waste In-Transit Facility – a facility that transports, stores, handles, or maintains hazardous wastes for periods of ten days or less.
Health Care Facility – General acute hospitals, specialty hospitals, home health agencies, hospices, birthing centers, ambulatory surgical facilities, and any other health care facility as defined by the Utah Health Care Facility Licensure and Inspection Act, Utah Code
Health Care Provider – An office, clinic, laboratory or any other facility engaged in furnishing medical, surgical or other services including a physician, dentist, dental technician, chiropractor, accupressurist, acupuncturist, therapist, counselor or other similar occupation.
Health Club – A club (athletic, health or recreational), with full service facilities including but not limited to exercise facilities, work-out equipment, showers, lockers, pools and saunas.
Heavy Equipment Sales and Rental – An establishment primarily engaged in the sale or rental of trucks of one ton or greater capacity, tractors, construction equipment, agricultural implements, or similar equipment. Typical uses include truck dealerships, construction equipment dealerships.
Heavy Equipment Service and Repair – An establishment primarily engaged in the service and repair of trucks of one ton or greater capacity, tractors, construction equipment, agricultural implements, or similar equipment.
Heavy Industrial Manufacturing and Assembly – The assembly, fabrication, or processing of goods and materials using processes that ordinarily, and are expected to have, greater than average impacts on the environment, or that have significant impacts on the use of adjoining properties by reason of emission of odor, dust, smoke, noxious gases, noise, vibration, glare, heat or other impacts. This activity generally includes processing of large items, products extracted from raw materials, or products involving flammable or explosive materials or processes which require expansive buildings or land areas.
Heliport – Any designated area used for the landing and taking off of helicopters, including all necessary passenger and cargo facilities, fueling, and emergency service facilities.
Home Occupation – An accessory use consisting of a vocational activity conducted inside a dwelling unit or a structure accessory to a dwelling unit.
Hospital – A building or building(s) for the diagnosis, treatment and care of human illness or infirmity, but not including clinics.
Hotel – A building or group of buildings, other than a motel, boarding house or lodging house, containing individual guest rooms or suites of guest rooms and which furnishes services customarily provided by hotels which may include reception and convention facilities.
In-fill Development – Subject to applicable development standards, the permitting of a primary dwelling upon:
(1) a conforming lot, created by subdivision final plat approved by the Tooele City Council, located within Geographic Area A illustrated in Figure 7-1-5.2; or,
Kennel – Any lot or premises or portion thereof on which four or more dogs, cats, and other household domestic animals, more than six months old, are maintained, boarded, bred, or cared for in return for compensation or kept for sale.
Laundromat – An establishment within which clothes washing and drying machines, and clothes dry cleaning machines, either coin operated or attendant operated, are provided on a rental basis for use by individuals doing their own laundry and dry cleaning. Laundromat does not include outdoor drying facilities.
Light Manufacturing and Assembly – An establishment engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, and packaging of such products, and incidental storage, sales and distribution. Allowed Light manufacturing activities will not be offensive by reason of emission of odor, dust, smoke, noxious gases, noise, vibration, glare, heat or other impacts, nor hazardous by way of materials, process, product, or waste, and where all equipment, compressors, generators and other ancillary equipment is located within a building or structure and any outside storage areas are screened from view from all adjoining properties and streets.
Liquor Store – A facility, authorized by the Utah Liquor Control Commission to sell original packaged liquor or wine for consumption off the premises.
Lot or Subdivision Lot – Any parcel of land which:
(1) has been legally established in the office of the Tooele County Recorder; and,
Medical Cannabis Pharmacy – A medical cannabis pharmacy as defined in UCA 26-61a-102, as amended.
Medical Cannabis Production Establishment – A cannabis production establishment as defined in UCA 4-41a-102, as amended.
Membership Club – A facility owned or operated by a group of people organized for a common educational, service, or recreational purpose. These clubs may be characterized by certain membership qualifications, payment of fees or dues and regular meetings and activities. This use may include hunting and gun clubs but does not include Private Clubs.
Military Surplus Yard – Public or private storage yard for the storage and/or display of military automobiles or equipment. This use may occur outdoors or within an enclosed building.
Mine – An establishment engaged in activities on or below the surface of the land for the exploration, development of, and extraction of mineral deposits including rock, sand and gravel, including transportation, concentration, milling, evaporation and other primary processing operations.
Mobile Home Park – A parcel of land under single ownership, approved by the City, and which is designed to accommodate the placement of mobile, manufactured, or modular homes on leased or rented pads or lots.
Mobile Home Subdivision – A parcel of land subdivided into separate and individual lots which is designed and planned to accommodate the placement of mobile, manufactured, or modular homes on each lot.
Motel – An establishment containing guest rooms or dwelling units, some or all of which have a separate entrance leading directly from the outside of the building with garage or parking space located on the lot and designed, used, or intended wholly or in part for the accommodation of automobile transients with associated restaurants, dining facilities and meeting rooms.
Nonconforming structure – A structure that does not conform to the yard coverage, height, setback or other physical dimensional requirement of the district.
Nonconforming use – An activity which is not an allowed use within the Zoning District and which may not conform to the use standards, including parking, regulations in the district in which it is situated.
Nursery/Plant Nursery – An activity where plants, shrubs, trees, and other horticultural materials and supplies are sold, including both wholesale and retail sales.
Nursing Home – A facility which provides 24-hour residential care to persons who are not related by blood, marriage, or adoption to the owner, operator, or manager of the facility, and who do not meet the definition of family under this Code. A Nursing Home provides some level of skilled nursing or medical service to the residents. Includes Convalescent Care Facility.
Open Space Area – Means and refers to areas preserved due to the presence of a particular natural or environmental setting and which may include conservation lands providing for both active and passive types of recreation activities. These areas may also be provided for the minimization of environmental concerns, including but not limited to, wetlands, steep slopes, areas prone to a high water table and flood area, rock slides and debris flows. These areas may also include natural enhancement areas, nature trails, nature study, and view areas. Roadway areas including rights-of-way, parking lots, lawns, setback areas or other undisturbed portions of building lots shall not constitute open space.
Owner – Any person, or group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be developed or subdivided under these regulations.
Parcel of Record – Any parcel of land which:
(1) has been legally established in the office of the Tooele County Recorder;
Parking Space – An area maintained for the parking or storage of a motor vehicle, which is graded for proper drainage and is hard surfaced or porous paved.
Permitted Use – A use of allowed by right under the provision of the Code.
Personal Services – An establishment for the provision of personal services including but not limited to dry cleaners, tanning salon, fitness center, photographic studio, or travel bureau.
Personal Storage Facility (mini-storage) – A facility for storage of personal items in individual units, bins, rooms, or containers. Any unit, bin, room, or container must be a permanent structure.
Pet Shop/Pet Grooming – a retail establishment involved in the sale of domestic animals and/or grooming of such animals, such as dogs, cats, fish, birds, and reptiles, excluding exotic animals and farm animals, such as horses, goats, sheep and poultry. The boarding of domestic animals on the premises would be considered an accessory use and allowed as a conditional use, with limits on the number and type of animals to be boarded.
Plat Amendment – A change in a map of an approved or recorded subdivision plat if such affects any street layout in such map or area reserved thereon for public use, or any lot line; or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions.
Preliminary Plat – The preliminary drawing or drawings, described in this Code, indicating the proposed manner or layout of the subdivision.
Preliminary Site Plan – The preliminary drawing or drawings, described in the Code, indicating the proposed manner or layout of a proposed nonresidential, attached residential or mixed-use development.
Premises – Land and/or buildings or other improvements thereon.
Principal Use or Primary Use – The main use of land or a building (as distinguished from an accessory use).
Prior Developer – A Developer that constructs Eligible Public Improvements.
Private Club – A social club, recreational athletic or kindred association which maintains or intends to maintain premises upon which liquor is or will be stored, consumed or sold.
Private Park – An area owned and operated privately for the exclusive use of the owner, the owner’s guests, or for a fee and providing active and passive recreational opportunities including uses such as playgrounds, sporting facilities and commercial recreational facilities.
Private School – An educational institution, not operated by a political entity of the State for which
entrance or tuition fees are charged for attendance.
Professional Office – An establishment primarily engaged in the provision of executive, management, or administrative services. Typical uses include administrative offices and services including real estate, legal, accounting, architectural, engineering, insurance, property management, investment, personnel, travel, secretarial services, and business offices of public utilities, organizations, and associations.
Project – A proposal, application, or the construction of improvements to property. This may include clearing and grading of land, construction, alteration or reconstruction of right-of-way improvements, structures and associated ground covers or similar activities resulting from land use approvals or the issuance of a permit.
Public Building, Public Facility – A building or structure primarily used for the provision of services by governmental or public agencies, including the city, state or federal agencies. Typical uses include public administrative offices, maintenance facilities, active open space owned and operated by a public entity, fire stations, police stations, utility buildings and similar services. Does not include Health Care Facility or Health Care Provider.
Public Improvements – Are all public utility infrastructure improvements, whether on- or off-site, including as defined in Section 4-1-5 of the Tooele City Code, and including all sewer, storm water, culinary water, publicly-owned secondary water, street lights and associated electrical, streets, curbs, gutters, sidewalks, alleys, easements and rights-of-way, street signs, monuments and markers, regulatory signs, landscaping (including park strip and trees), and other improvements considered public utility infrastructure improvements in the construction trade which are found within typical subdivision and site plan construction documents
Public or Private Educational Facility – Buildings and uses for educational or research activities which is operated by a public or private entity, and has curriculum for technical or vocational training, kindergarten, elementary, secondary, or higher education, including facilities for faculty, staff, and students.
Public Park – A use operated exclusively by a public body, such use having the purpose of providing active and passive recreational opportunities for the citizens of the city and including uses such as playgrounds and other recreational facilities.
Public School – An educational institution, operated by a political entity of the State of Utah.
Public Use – A use operated exclusively by a public body, or quasi-public body, such use having the purpose of serving the public health, safety, or general welfare, and including recreational facilities, administrative, and service facilities, and public utility facilities.
Quarry – An establishment engaged in activities on the surface of the land for the extraction of mineral deposits including rock, sand and gravel, including the transportation, crushing, loading and other processing operations.
Reasonable Accommodation – a change in a rule, policy, practice, or service necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling. As used in this definition:
(1) “Equal opportunity” means achieving equal results as between a person with a disability and a nondisabled person.
Recreation Facility, Indoor – A recreation facility located within a structure or building and operated as a business or public entity for use by an admission fee, membership fee or other charge such as a skating rink, bowling alley, mini-golf course, games and activities of skill or amusement arcade or substantially similar uses.
Recreation Facility, Outdoor – A recreational facility operated as a business and open to the general public for a fee such as amusement parks, tennis facility, water park, swimming pool, golf driving ranges and baseball batting ranges or substantially similar uses.
Recreational Facility, Private – A recreation facility or area operated on private property and not open to the public, including recreation facilities owned by a home owner or property owners association for private use by members.
Recreational Vehicle Park/RV Park – See Campground.
Recycling Collection Site – A center for the acceptance and temporary storage of recyclable materials to be transferred to a processing facility. Recycling Collection Centers involve no more than three collection containers up 40 cubic yards in total size. Collection Centers located in parking lots, may not occupy required parking spaces. A collection center must be arranged so as to not impede traffic flow. The operator of the collection enter shall remove products stored at the site at least once a week. The operator of the collection center shall keep the collection center in proper repair and the exterior must have a neat and clean appearance. Automated can recycling machines are limited to two per site.
Recycling Processing Center – A facility where recyclable and organic materials are collected, stored and processed. Processing includes but is not limited to baling, briquetting, compacting, flattening, crushing, mechanical sorting, shredding, and cleaning. Facilities where the sole purpose is to utilize recyclable materials in manufacturing an end product which does not require further processing shall be considered a General Industrial and not a recycling use. Organic materials are limited to tree limbs, leaves, and grass clippings only.
Repair Shop – A establishment providing for the repair and servicing of household, personal and office items with no outside storage of goods, materials or supplies.
Research Facility – A facility that conducts research and development work.
Residential Facility for Elderly Persons – A dwelling unit inhabited by persons who are 60 years old or older who desire or need to live with other elderly persons in a group setting but who are capable of living independently. Does not include a health care facility, nursing home, retirement center, or residential facility for persons with a disability.
Residential Facility for Persons with a Disability – a dwelling in which two or more persons with a disability reside and which is licensed or certified by the Utah Department of Human Services under U.C.A. Chapter 62A-2 (Licensure of Programs and Facilities) and/or the Utah Department of Health under U.C.A. Chapter 26-21 (Health Care Facility Licensing and Inspection Act), each as amended.
Restaurant – A building in which food is prepared and served for consumption within the premises. Typical uses include buffets; cafes; cafeterias; coffee shops; diners; dining rooms; dinner theaters and snack shops.
Retail Store – An establishment for the retail sale of merchandise. Retail store includes but is not limited to antique or art shops, clothing, department, drug, dry good, florist, furniture, gift, grocery, hardware, hobby, office supply, paint, pet, shoe, sporting, or toy stores.
Retirement Center – Any age-restricted development, developed, designed for, and marketed to adults at or near retirement age, which may be in any housing form including detached and attached dwelling units, apartments, and residences, offering private and semi-private rooms. Retirement Center dwelling units are limited to a minimum size of 590 square feet for a one-bedroom dwelling unit, 700 square feet for a two- bedroom dwelling unit, and 850 square feet for a three-bedroom dwelling unit. Buildings fully constructed prior to the effective date of Tooele City Ordinance 2002-21 shall be exempt from the regular height restriction.
Rock, Sand, and Gravel Storage and Distribution – The outdoor storage and sale of rock, sand and gravel in bulk quantities and the storage on-site of necessary loading equipment, facilities and vehicles.
Shooting Range, Indoor – A structure used for archery and/or the discharging of any firearm for the purposes of target practice or temporary competitions.
Site – The land area upon which a Project is proposed, considered, constructed or developed including all associated improvements.
Site Plan – A development plan of one or more lots on which is shown:
(1) the existing and proposed conditions of the lot, including but not limited to topography, vegetation, drainage, flood plains, wetlands and waterways;
Structure – A combination of materials to form a construction for use, installed on, above, or below the surface of land or water including a walled and roofed building, as well as a manufactured home on a permanent foundation. The term includes a building while in the course of construction, alteration or repair, but does not include building materials or supplies intended for use in such construction, alteration or repair, unless such materials or supplies are within an enclosed building on the premises.
Subdivide – The act or process of creating a subdivision.
Subdivider – Any person who: (1) having an interest in land, causes it, directly or indirectly, to be divided into a subdivision; or (2) directly or indirectly, sells, leases, or develops, or offers to sell, lease, or develop, or advertises to sell, lease, or develop, any interest, lot, parcel site, unit, or plat in a subdivision; or (3) engages directly or through an agent in the business of selling, leasing, developing, or offering for sale, lease, or development a subdivision or any interest, lot, parcel site, unit or plat in a subdivision; and, (4) is directly or indirectly controlled by, or under direct or indirect common control with any of the foregoing.
Subdivision – Any land, vacant or improved, which is divided or proposed to be divided or resubdivided into two or more lots, parcels, sites, units, plots, condominiums, tracts or other division for the purpose of offer, sale, lease or development whether immediate or future, either on the installment plan or upon any and all other plans, terms, and conditions. Subdivision includes the division or development of land, whether by deed, metes and bounds description, devise, intestacy, lease, map, plat or other recorded instrument. Subdivision includes resubdivision and condominium creation or conversion.
Subdivision Plat – The final map or drawing, described in this Code, of a plan of subdivision to be presented to the City for approval and when approved, may be submitted to the Utah County Recorder for filing.
Subsequent Developer – A Developer whose development is not derived from the Prior Developer’s development, and whose development benefits from Eligible Public Improvements constructed by the Prior Developer.
Telecommunications Site/Facility – A facility used for the transmission or reception of electromagnetic or electro-optic information, which is placed on a structure. This use does not include radio frequency equipment which have an effective radiated power of 100 watts or less. This use is not required to be located on a building lot, or comply with the minimum lot size requirement for the district in which it is located.
Temporary – Not to exceed a period of 12 months, unless otherwise specified in this Title.
Temporary Construction or Sales Office – A facility temporarily used for a period, not to exceed 12 months, as a construction or sales office.
Temporary Seasonal Use – Activities related to specific seasons, holidays, or times of year which are open to the public and exist for a period of time not to exceed that outlined in Section 7-2-20 of the Tooele City Code.
Temporary Use – Activities which are open to the public and exist for a period of time not to exceed that outlined in Section 7-2-20 of the Tooele City Code.
Theater, Indoor – A facility for showing motion pictures, video, or staging theatrical performances to an audience, inside an enclosed structure.
Theater, Outdoor – A facility for outdoor performances where the audience views the production from automobiles or while seated outside.
Tobacco Product or Tobacco-related Product – Inclusive of the following:
(1) any cigar, cigarette, or electronic cigarette as defined in U.C.A. §76-10-101, including the component parts of and ingredients to electronic cigarettes;
(1) the sale of tobacco products accounts for more than 35% of the total quarterly gross receipts for the establishment;
Use – The purpose or purposes for which land or a building is occupied, maintained, arranged, designed, or intended.
Utilities, Private – Includes power, telephone, natural gas, cable television and private water supply service.
Utility Company, Public – Any company, or municipal department, duly authorized to furnish under public regulation, electricity, gas, steam, telephone, transportation, water, or sewer service.
Utility Service Facility (minor) – Any electrical distribution lines, natural gas distribution lines, cable television lines, telegraph and telephone lines, and gathering lines, or other minor service facilities. No buildings are allowed and the use is limited to the following sizes:
(1) gas lines less than 12 inches; and
Accessory Vehicle Storage Yard - Private storage yard for the storage of automobiles for up to and not to exceed 120 days, in conjunction with and ancillary to an allowed automobile sales and rental business including, but not limited to, temporary storage of re-possessed vehicles, vehicles awaiting insurance claims and vehicles awaiting general maintenance or repair prior to being sold.
Veterinary Clinic/Animal Hospital – A facility for the diagnosis, treatment, hospitalization, and boarding of animals, which does not include outdoor holding facilities.
Warehouse – A building used primarily for the inside storage of nonhazardous goods and materials and including accessory office facilities.
Zoning District – A mapped area to which a uniform set of regulations applies, and which are designed to implement the goals and policies of the Tooele City General Plan.
(i) injunctions, mandamus, abatement, or any other appropriate actions; or
(b) It is unlawful to erect, construct, reconstruct, alter, or change the use of any building or other structure within Tooele City without approval of a building permit.
(Ord. 1991-08, 12-12-1991)
(a) first violation: $50 fine;
(b) second violation: $200 fine;
(c) third and subsequent violations: $500 fine
(2) Criminal. In addition to the civil penalties provided in this Section, and unless otherwise provided, a violation of this Title may be charged and prosecuted as a criminal infraction.
(Ord. 2024-23, 08-21-2024) (Ord. 2019-08, 03-20-2019) (Ord. 1991-08, 12-12-1991)
(2) The singular number shall include the plural and the plural the singular.
(3) “Used” or “occupied” shall include arranged, designed, constructed, altered, converted, rented, leased or intended to be used or occupied.
(4) “Shall” is mandatory and not directory. The word “may” is permissive.
(5) “Person” includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.
(6) “Lot” includes the words plot or parcel.
(7) Words used in this Title but not defined herein shall have the same meaning as defined in any other ordinance adopted by Tooele City, or as defined in Black’s Law Dictionary, current edition.
(a) appeals from zoning decisions applying the zoning ordinance; and
(b) appeals from civil citations issued for violations of this Title; and,
(3) The powers and duties of the administrative hearing officer and the standards of review to be followed in deciding appeals and variances are identified in Tooele City Code Chapter 1-28 for appeals and Chapter 2-4 for variances.
(2) If such amendment is approved pursuant to the provisions of this Ordinance, the applicant may then proceed to file an application for development approval authorizing such development if such development is consistent with the approved General Plan amendment(s) as approved by the City Council.
(3) Submission. An application for an amendment to the Tooele City General Plan or General Plan Land Use Map may be filed with the City on the applicable application form. Except on a motion duly passed by the City Council, identifying a valid public purpose and reasons to act immediately, an application for a General Plan amendment shall be submitted to the City at least 45 days prior to the first meeting in April, August, or December of the Planning Commission.
(2) Prior to recommending the adoption, rejection, or revision of any General Plan amendment, the Planning Commission shall hold a public hearing in accordance with the requirements of this Ordinance and the Utah Code, as amended.
(3) After the Planning Commission has reviewed the application and made its recommendation, the City Staff shall submit a copy of the General Plan amendment as submitted to the Planning Commission, the report of the City Staff, and the recommendation of the Planning commission, by way of the minutes and all materials of the proceedings before the Planning Commission, to the City Council. Upon receipt of the materials required in this subsection, the City Council shall schedule a public hearing to consider the proposed General Plan amendment, the recommendation of the Planning Commission, and other submitted materials, pursuant to the requirements established by this Ordinance and the Utah Code, as amended. The City Council shall approve the proposed amendment, revise the proposed amendment and approve the proposed amendment as revised, or reject the proposed amendment. The City Council may approve a General Plan amendment only upon the affirmative vote of a majority of its total membership. If the City Council approves the proposed amendment as submitted or as revised, the City Council shall adopt the General Plan amendment by ordinance.
(a) The effect of the proposed amendment on the character of the surrounding area;
(Ord. 1998-18, 07-15-1998)
(Ord. 1998-18, 07-15-1998)
(2) A proposed amendment to the Tooele City Zoning Ordinance or Zoning Districts Map may be initiated by any person owning property in the City, any person residing in the City, any business owner doing business in the City, the Tooele City Planning Commission, the Tooele City Council, or the Tooele City Mayor and City Staff by filing an application for a Zoning Ordinance / Zoning Districts Map amendment.
(3) If such amendment is approved pursuant to the provisions of this Ordinance, the applicant may then proceed to file an application for development approval authorizing such development if such development is consistent with the adopted General Plan and approved Zoning Ordinance or Zoning Districts Map amendment as approved by the City Council.
(4) Submission. An application for an amendment to the Tooele City Zoning Ordinance or Zoning Districts Map may be filed with the City on the applicable application form. Except on a motion duly passed by the City Council, identifying a valid public purpose and reasons to act immediately, an application for a Zoning Ordinance or Zoning Districts May amendment shall be submitted to the City at least 45 days prior to the first meeting in April, August, or December of the Planning Commission.
(2) Prior to recommending the adoption, rejection, or revision of any Zoning Ordinance or Zoning Districts Map amendment, the Planning Commission shall hold a public hearing in accordance with the requirements of this Ordinance and the Utah Code, as amended.
(3) After the Planning Commission has reviewed the application and made its recommendation, the City Staff shall submit a copy of the Zoning Ordinance or Zoning Districts Map amendment as submitted to the Planning Commission, the report of the city Staff, and the recommendation of the Planning Commission, by way of the minutes and all materials of the proceedings before the Planning Commission, to the City Council. Upon receipt of the materials required in this subsection, the City Council shall schedule a public hearing to consider the proposed Zoning Ordinance or Zoning Districts Map amendment, the recommendation of the Planning Commission, and other submitted materials, pursuant to the requirements established by this Ordinance and the Utah Code, as amended. The City Council shall approve the proposed amendment, revise the proposed amendment and approve the proposed amendment as revised, or reject the proposed amendment. The City Council may approve a Zoning Ordinance or Zoning Districts Map amendment only upon the affirmative vote of a majority of its total membership. If the City Council approves the proposed amendment as submitted or as revised, the City Council shall adopt the Zoning Ordinance or Zoning Districts Map amendment by ordinance.
(4) The Planning Commission may recommend, and the City Council may attach, such conditions to the approval of an application for a Zoning Ordinance or Zoning Districts Map amendment necessary to implement the Tooele City General Plan. All such conditions shall be expressly stated in the approving ordinance and in the minutes of the City Council meeting in which such ordinance was approved.
(a) The effect of the proposed amendment on the character of the surrounding area.
(Ord. 1998-18, 07-15-1998)
(Ord. 1998-18, 07-15-19
(Ord. 1983-05, 04-20-1983)
(Ord. 2013-16, 11-06-2013) (Ord. 1996-17, 06-19-1996) (Ord. 1983-05, 04-20-1983)
(Ord. 2013-16, 11-06-2013)
(Ord. 2013-16, 11-06-2013) (Ord. 1983-05, 04-20-1983)
(Ord. 1983-05, 04-20-1983)
(Ord. 1983-05, 04-20-1983)
Apparatus necessary to retrofit a dwelling for the operation of active and passive solar systems (as defined by the Utah State Energy Office) shall be allowed to project into a required yard a maximum of twenty percent (20%) of the required set-back from the property line. For purposes of this Section, “required set-back” is defined as that set-back allowed for the particular piece of property on which the dwelling in question has its situs.
(Ord. 1983-05, 04-20-1983)
(2) Churches and religious worship facilities, as defined in the Religious Land Use and Institutionalized Persons Act (RLUIPA) and the Utah Religious Land Use Act (URLUA), in residential zoning districts that have more than 50,000 square feet of usable floor area may be erected to a height greater than the district height limit but shall not exceed 75 feet in height for the occupiable spaces, subject to Section 7-2-9.
(Ord. 1983-05, 04-20-1983)
(Ord. 1983-05, 04-20-1983)
(Ord. 2000-18, 08-16-2000); (Ord. 1993-17, 11-11-1993)
(2) In required front yards and except that area described in Section 7-2-11, view-obscuring fences, walls and hedges shall not exceed three feet in height. Non-view-obscuring fences, walls or hedges in front yards shall not be more than four feet high.
(3) Fences, walls or hedges shall not exceed eight feet in height in a required rear yard or interior side yard, except that on a corner lot the fence, wall or hedge shall be not more than six feet high in the rear yard area adjacent to a public street, and in the rear yard area abutting a required front yard area of an adjoining lot. Also, that fence, wall or hedge abutting the street and the adjoining lot’s front yard area shall not be view obscuring if the adjoining lot has a driveway closer than six feet to the rear yard of the subject lot.
(4) A fence, wall or hedge not more than six feet high may be allowed in a side yard adjacent to a public street on a corner lot, provided it does not extend into the required front yard area, does not extend into the clear vision area of a corner lot as defined by Section 7-2-11, and is not a sight distance hazard to vehicular or pedestrian traffic as determined by the building inspector.
(5) In residential districts where rear yards and side yards abut arterial and major collector streets, fences, walls and hedges may be eight feet high adjacent to such arterial or major collector street, subject to the clear view requirements of Section 7-2-11 at intersections.
(6) Where a fence, wall, or hedge is located along a property line separating two lots and there is a difference in the grade of the properties on the two sides of the property line, the fence, wall, or hedge may be erected or allowed to the maximum height permitted on either side of the property line.
(7) “View-obscuring” means preventing the full view of property on one side of the fence, wall, or hedge by a viewer standing on the other side.
(8) It shall be unlawful for any person to erect or cause to be erected or to maintain any barbed wire fence, razor wire fence, or electric fence along or adjacent to any street or as a division fence between adjoining lots or parcels of land, either of which is occupied as a place of residence. Any such fence so erected or maintained is hereby declared to be a nuisance, and any person so erecting or maintaining such a nuisance shall be deemed guilty of a class C misdemeanor.
(1) A private outside tennis court may be constructed as an accessory use to a principal building within the side or rear yard thereof, provided that it is set back from the side and rear lot lines not less than four feet and not less then 30 feet from any neighbor’s dwelling. Where an adjacent lot is vacant, a tennis court must be located at least 15 feet from any side lot line of such adjacent lot.
(2) When not located on a property line, fences used for tennis court enclosures may be erected to a height greater than eight feet, but shall not exceed a height of 18 feet.
(3) Lights for tennis courts shall be directed onto the court and away from adjoining properties.
(Ord. 1983-05, 04-20-1983)
(Ord. 1983-05, 04-20-1983)
(2) On any corner lot in a residential district, there shall be provided on the side street a side yard equal in depth to the required front yard depth on said street, except that upon any corner lot under separate ownership which is less than sixty (60) feet wide, this provision may be waived allowing a residence to be erected to within twelve (12) feet of the side yard. The side street shall be held to be on that side of the corner lot having the greater length. When a dwelling is erected to within twelve (12) feet of the side yard in this manner, it must maintain a twenty-five (25) foot rear yard, regardless of the location of the garage, or accessory building.
(1) From the evidence presented, the Planning Commission finds that it is essential in order to provide the area with adequate electrical, gas, telephone, television or radio service.
(2) It shall determine that due to certain peculiar conditions, the facility could not be located outside the residentially zoned district and properly serve the City.
(3) All structures on the premises are designed to conform to the residential character of the districts.
(4) All yard spaces as required for the permitted use in the district are provided.
(5) Adequate screening is provided for proper landscaping and fencing where the facility is not within a building.
(6) Such other conditions are met as may be deemed necessary by the Planning Commission to protect the character of the residential district. Nothing in this section shall be interpreted as giving the Planning Commission the authority to permit a privately owned or operated commercial radio or television tower or station in any residential district.
(1) shall be carried on entirely within the dwelling unit or accessory building on the premises;
(2) shall not include the outside storage of goods, materials, or equipment;
(3) shall not involve any use of any outside yard area about the premises whereupon the dwelling unit or accessory building is located, except for customer parking and except for fenced outdoor areas associated with a home occupation day care;
(4) shall be customarily incidental to the use of the dwelling for dwelling purposes;
(5) shall not change the primary character and use of the dwelling unit as a dwelling;
(6) shall be carried on only by persons residing in the dwelling unit;
(7) shall have no employees or assistants other than members of the immediate family, and only if such family members reside in the dwelling unit, except as otherwise permitted by this Chapter;
(8) reasonable inventory related to the Home Occupation shall be allowed so long as such inventory is stored entirely within the dwelling unit or accessory building on the premises;
(9) shall not create a nuisance;
(10) shall specifically exclude: vehicle repair work, body and fender work, firewood sales, commercial stables, kennels, livestock, auctions, restaurants, nursing homes, funeral houses, and welding;
(11) shall not display signs;
(12) shall comply with all Federal, State, and local license and permit requirements;
(13) nothing contained in this section shall be construed to supersede or otherwise render inoperative the provisions of the Tooele City Code concerning business licenses;
(14) Child day care and preschool home occupations:
(a) shall be permitted one non-residential employee at the home;
(a) involving 7 students or less at one time shall be permitted;
(Ord. 2022-04, 03-02-2022) (Ord. 2019-27, 10-02-2019) (Ord. 2017-14, 06-07-2017) (Ord. 1987-24, 01-02-1988) (Ord. 1983-05, 04-20-1983)
(2) Temporary Seasonal Uses. Temporary seasonal uses, as permitted in this Title, shall not exceed the time limits listed herein, or 120 calendar days, whichever is shorter.
(a) Permitted Temporary Seasonal Uses. Where temporary seasonal uses are identified in this Title as permitted, the following shall be permitted uses. Where temporary seasonal uses are identified in this Title as conditional, the following shall be conditional uses permissible only following issuance of a Conditional Use Permit:
(Ord. 2006-25, 01-03-2007); (Ord. 1995-16, 08-19-95)
(Ord. 2006-25, 01-03-2007); (Ord. 1995-16, 08-19-95)
(2) Except as provided in subsection (3), below, a nonconforming use of a noncomplying structure that is involuntarily destroyed in whole or in part due to a fire or other calamity may resume and continue that use upon reconstruction or restoration of the structure.
(3) A noncomplying structure may not be reconstructed or restored, and a nonconforming use of a noncomplying structure may not be resumed or continued, if:
(a) at the time the structure is destroyed in whole or in part, it has been unoccupied or unused for one (1) year pursuant to Section 7-3-7, below;
(1) the land is used for such nonconforming use at least 30 days in each calendar year; and,
(2) the nonconforming use is in no way expanded or extended either on the same or on adjoining property.
(Ord. 1995-16, 08-19-95)
(2) If any nonconforming use of land is discontinued for the period of one year, or if the nonconforming use does not satisfy the requirements of this Chapter, any future use of that land shall conform to the provisions of the zone in which the land is located.
(3) Upon allegation of discontinued occupation or nonconforming use of a noncomplying structure, discontinued use of a nonconforming use of land, or other failure to comply with this Chapter, the owner of the structure or land shall have the burden of establishing compliance with this Chapter.
(a) first violation: $100 fine;
(b) second violation: $250 fine;
(c) third and subsequent violations: $500 fine.
(2) Criminal. In addition to the civil penalties provided in this Section, a violation of this Chapter may be charged and prosecuted as a class C misdemeanor.
(Ord. 2024-23, 08-21-2024)
(2) A person desiring to appeal a civil citation shall file the appropriate application, obtained from the Tooele City Community Development Department, with the Department Director. Any applicable fee shall be paid to the Tooele City Finance Department at the time of filing. The Director shall review the application for completeness and fee payment and forward it to the City Recorder, who shall set a hearing with the administrative hearing officer. The City Recorder shall notify the applicant of the date and time of the hearing.
(3) The powers and duties of the administrative hearing officer and the standards of review to be followed in deciding appeals are identified in Tooele City Code Chapter 1-28.
(Ord. 2024-23, 08-21-2024)
(2) Scope. This Chapter is applicable to all new and existing development requiring vehicular access under the provisions of this Title. The requirements of this Chapter shall not be construed to prohibit or limit other applicable provisions of this Title, the Tooele City Code, or other laws.
(Ord. 2019-12, 05-15-2019)
(2) Continual Obligation to Provide Parking. Provision of parking as required by this Chapter shall be a continual obligation so long as the associated use exists, including during times of vacancy. It shall be unlawful for any property owner, land use operator, or person responsible for providing parking to discontinue or dispense with required parking facilities without providing alternate parking which meets the requirements of this Chapter.
(3) Alteration Where Parking Insufficient. A building, structure, or use which lacks sufficient parking as required by this Chapter may not be altered, enlarged, or changed in a manner that affects their parking calculation unless additional parking for the alteration, enlargement, or change is supplied that meets the requirements of this Chapter.
(1) Fractional Numbers. Any fractional parking space requirement resulting from a parking calculation shall be rounded up to the next whole number, subject to Section 7-4-5(2) of this Chapter.
(2) More Than One Use on Lot. If a lot or parcel contains more than one use, parking spaces shall be provided in an amount equal to the total of the requirements for each use unless shared parking is approved pursuant to this Chapter.
(3) Square Foot Basis. Parking requirements based on square footage shall be calculated using gross floor area unless otherwise provided in this Chapter.
(4) Employee Basis. Parking requirements based on the number of employees shall be calculated using the largest number of persons working on any shift, including owners and managers.
(5) Capacity Basis. Parking requirements based on the number of seats, beds, or other capacity determinations shall be calculated using the maximum capacity for those units of measure.
(6) Director Determinations. If a use listed in Table 7-4-1 identifies the calculation of its parking requirement to be a determination of the Director, or for a use not otherwise listed in Table 7-4-1, the Director of the Community Development Department shall determine the appropriate parking calculation by:
(8) Parking Space Calculations. Standard parking spaces shall be provided as set forth in Section 7-4-4. Formulas and calculations shown in that Section represent both the maximum and minimum parking requirements subject to the provisions of Section 7-4-5. Uses and terms listed in Section 7-4-4 shall have no effect on the permissibility or definition of uses.
Land Use | Parking Requirement |
Accessory Uses | As determined by the Director |
Auditoriums | 1 space for every 3 seats |
Bar, Tavern, and Private Club | 1 space for every 3 seats or 1 space per 100 square feet of floor area (excluding kitchen, storage, etc.) whichever is more |
Beauty Shop
|
2 spaces 1 space |
Churches and Places of Worship | 1 space for every 3 seats in the primary assembly area |
Commercial Center | 1 space per 300 square feet |
Commercial Day Care / Pre-School Center | 1 space for every employee, plus 4 visitor spaces1 |
Convalescent Care Facility | 1 space for every 4 patient beds, plus 1 space per employee |
Dwelling2
|
2 spaces per dwelling unit 2 spaces per dwelling unit |
Dwelling, Multi-Family2, 4
|
2 spaces per DU 2 spaces per DU |
Dwelling, Visitor Parking3 | 1 space for every 4 DU |
Educational Facility
|
As determined by the Director As determined by the Director |
Funeral Homes and Mortuaries | 1 space for every 3 seats |
Health Care Facility | 1 space for every 2 patient beds, plus 1 parking space for each employee |
Health Care Provider | 3 spaces for each doctor, dentist, therapist, or other provider, plus 1 space for each employee |
Hotel | 1 space for each living or sleeping unit, plus 1 space for each employee |
Industrial Uses | 1 space per employee, adequate spaces for company owned vehicles, plus 4 visitor spaces |
Manufacturing Uses | 1 space per employee, adequate spaces for company owned vehicles, plus 4 visitor spaces |
Motel | 1 space for every living or sleeping unit, plus space per employee |
Nursing homes | 1 space for every 4 patient beds, plus 1 space per employee |
Office
|
1 space per 200 square feet 1 space per 200 square feet |
Personal Services | 1 space per 300 square feet |
Public Use | As determined by the Director |
Residential Facility for Elderly Persons
|
1 space per bedroom, plus 1 space per employee 2 space per bedroom, plus 1 space per employee |
Residential Facility for Persons with a Disability
|
1 space per bedroom, plus 1 space per employee 2 space per bedroom, plus 1 space per employee |
Restaurant | 1 space for every 3 seats or 1 space per 100 square feet of floor area (excluding kitchen, storage, etc.) whichever is more |
Retail
|
1 space per 300 square feet 1 space per 600 square feet 1 space per 600 square feet |
Sports Arenas | 1 space for every 3 seats |
Theaters, Assembly Halls and Meeting Rooms | 1 space for every 3 seats |
Uses not listed | As determined by the Director |
Warehouse Uses | 1 space per employee, adequate spaces for company owned vehicles, plus 4 visitor spaces |
Wholesale Uses | 1 space per employee, adequate spaces for company owned vehicles, plus 4 visitor spaces |
1 With adequate drop off and pick up areas as determined by the Director.
2 As specified in Sections 7-11a-13 and 7-11a-13.1 and Table 7-11a-13.1 of this Title.
3 In developments of three-family, four-family, or multi-family dwelling units.
4 For Multi-Family Dwelling Units Directly Associated with Residential Support Programs See Section 7-11a-2.
(Ord. 2022-31, 08-17-2022) (Ord. 2021-35, 09-15-2021) (Ord. 2019-12, 05-15-2019)
(2) Natural Adjustment Range. Where permitted, a Natural Adjustment Range allows for parking to be freely modified to increase or decrease the amount of parking spaces provided without necessity of requesting a formal modification as outlined in this Section. The calculation of the Natural Adjustment Range shall be based on the true calculation from Table 7-4-1 without rounding allowed under Section 7-4-3(1) of this Chapter. In all situations where the Natural Adjustment Range results in a partial or fractional parking requirement, the requirement shall be rounded up to the next whole number.
(a) Residential Uses.
(2) Off-Site Parking. Where practical difficulties exist in providing on-site parking or if public safety would be better served by locating parking on a separate lot or parcel, the Planning Commission may authorize such off-site parking subject to the following conditions:
(a) no other practical alternative exists for providing on-site parking such that any of the following shall deem a request for off-site parking ineligible for approval:
(4) Parking of Recreational Vehicles in Residential Zones. Personal recreational vehicles, including but not limited to trailers, boats and watercraft, travel trailers, utility trailers, and motor homes parked in residential zones shall be parked on a hard surfaced area behind the front wall plane of the primary structure on the same property. Parking for such vehicles within residential developments approved with off-street recreational vehicle parking areas shall be allowed within those recreational vehicle parking areas only.
(1) One- and Two-Family Residential Lots. Access to one- and two-family residential lots shall be provided in compliance with the following requirements:
(a) Not more than two drive approaches shall be allowed for any residential lot.
(a) Access to each parking space shall be from a private driveway and not from a public street.
(a) Each drive approach shall not be more than 40 feet wide, measured at right angles to the centerline of the drive approach, measured curb-face to curb-face, exclusive of tapered areas. Upon the recommendation of the City Engineer, the Planning Commission may extend a commercial drive approach to 50 feet wide.
(a) Where practical, adjacent properties are to share accesses. Unless a driveway access is shared by two or more properties, no drive approach shall be closer than ten feet to the point of intersection of two property lines at any corner as measured along the property line, and no driveway shall extend across such extended property line.
(ii) a driveway providing access to a collective parking area serving multiple dwelling units, regardless of unit type or configuration, shall be located at least 30 feet from the intersecting streets, measured from the existing or planned end point of the intersection curve along the back of the sidewalk to the closest point of the driveway. Figure 7-4-1 demonstrates typical applications of this provision.
![Title 7 Chapter 4 Image](revize_photo_gallery/Government/City code/Title7Chapter4-Figure-7-4-1-Added.jpg)
Figure 7-4-1 – Drive Approach Locations (.pdf)
(Ord. 2020-45, 11-18-2020) (Ord. 2020-02, 02-19-2020) (Ord. 2019-12, 05-15-2019)
![Title 7 Chapter 4 Figure](revize_photo_gallery/Government/City code/Title7Chapter4Figure7-4-1.jpg)
Figure 7-4-9 Parking Area Landscaping
(4) Lighting used to illuminate any parking lot shall be arranged to reflect the light away from adjacent properties, uses and streets.
(5) Alignment. Parking lots which include multiple drive aisles that access parking spaces, or adjacent parking lots that connect, function, or have the ability to function as a single parking lot shall be designed such that drive aisles align across connecting drive aisles. Drive aisles which intersect on an angle to the connecting drive aisle shall connect only as a three leg intersection which does not interfere with traffic movements of nearby drive aisle intersections at the discretion of the City Engineer. Accesses to a parking lot from an adjacent right-of-way shall align with parking lot drive aisles or end at the first interesting drive aisle in a perpendicular intersection. Alignment requirements of this Subsection are generally displayed in Figure 7-4-2.
(6) Where not otherwise authorized by this Title, when in the best interests of the community as determined by the Planning Commission, the Commission may grant a Conditional Use Permit for the exclusive use as a parking lot on a parcel of land in residential districts, provided that in all cases the following conditions are met:
(a) The lot is to be used only for parking of passenger automobiles of employees, customers, or guests of the person or firm controlling and operating the lot, who shall be responsible for its maintenance and upkeep.
Minimum parking space and related dimensions shall be as set forth in this Section.
(2) Where a front overhang over a sidewalk is proposed or provided, and the sidewalk is a minimum of six feet in width, parking spaces may be reduced to 18 feet deep. In the instance where the sidewalk is less than six feet in width, parking stalls shall be at least 20 feet deep and contain wheel stops to prevent vehicles from overhanging the sidewalk.
(3) Where a front overhang over a landscape area is proposed or provided, parking spaces may be reduced to 18 feet deep.
(4) Driving aisles between or along parking stalls within a parking area shall be not less than 24 feet wide for two-way traffic or not less than 16 feet in width for one-way traffic, subject to Section 7-4-10.
(5) Carports shall have a minimum inside dimension of nine feet wide by 20 feet deep for each parking space.
(6) Garages shall have a minimum inside dimension of ten feet wide by 22 feet deep and a minimum door width of eight feet for each parking space contained therein, unless a greater requirement is established elsewhere in this Title.
(7) ADA-accessible parking spaces shall be provided and designed according to the provisions and requirements of the adopted building and fire code.
(8) Angled parking spaces shall be sized based on the angle of parking spaces shown in this Section, Table 7-4-2 and Figure 7-4-3. Parking spaces positioned nose-to-nose shall be at least 20 feet deep each.
![Title 7 Chapter 4 Table](revize_photo_gallery/Government/City code/Title7Chapter4Table7-4-2.jpg)
Figure 7-4-10-1 Angled Parking Dimensions
![Title 7 Chapter 4 Figure](revize_photo_gallery/Government/City code/Title7Chapter4Figure7-4-3March2020.jpg)
Figure 7-4-10-2 Angled Parking Spaces
(9) Parallel parking spaces shall be a minimum of eight feet wide by 22 feet deep.
(10) Loading spaces shall be a minimum of ten feet wide by 25 feet deep.
(11) Stacking and queuing spaces shall be a minimum of ten feet wide by 20 feet deep.
(12) Sites containing 50 or more parking spaces may provide compact parking spaces for a portion of the required parking for the site. Compact parking, when proposed, shall adhere to the following:
(a) Compact parking spaces may be utilized to provide up to:
(1) Multi-Family Residential. Public safety aisles within multi-family residential developments shall be provided where a building is constructed greater than two stories and either:
(a) the drive aisle provides the closest access to one or more sides of the building; or,
(a) is taller than 30 feet;
(Ord. 2022-03, 01-19-2022) (Ord. 2020-02, 02-19-2020) (Ord. 2019-12, 05-15-2019)
(Ord. 2016-15, 10-19-2016) (Ord. 1996-21, 09-04-1996)
(2) Application requirements. Application for a conditional use permit shall be made by the property owner or authorized agent to the Community Development Department upon a form prescribed by the Department Director. An application which does not satisfy the requirements of this Chapter shall not be heard. An application must contain the following information:
(2) Notice. At least 7 days prior to the date set for the hearing, the City shall mail written notice of the hearing to each property owner whose name and address accompany the application. The notice shall give the date, time, and place of the hearing, the name of the applicant, the requested conditional use, an identification of the subject property, and such other information as the Planning Commission may require. In addition to the application fee, the applicant shall pay the costs incurred by the City to provide the required notice.
(3) Procedure. At the public hearing, testimony may be given by the applicant and all other persons either in support of or in opposition to the application. The Planning Commission may take the application under advisement, but shall render its determination within 30 days of the date of the hearing.
(4) Approval. The Planning Commission shall approve the conditional use application if reasonable conditions are proposed, or can be imposed, to mitigate the reasonably anticipated detrimental effects of the proposed use. If the reasonably anticipated detrimental effects of a proposed conditional use cannot be substantially mitigated by the proposal or the imposition of reasonable conditions to achieve compliance with applicable standards, the conditional use may be denied.
(5) Minutes. All conditions imposed upon approval of the application shall be entered into the minutes of the Planning Commission and on the conditional use permit.
(6) Code compliance. The granting of a conditional use permit shall not exempt the applicant/permittee from the requirements of this Code.
(Ord. 2009-15, 12-2-2009) (Ord. 1996-21, 09-04-1996)
(Ord. 1996-21, 09-04-1996)
(Ord. 1996-21, 09-04-1996)
(2) Permit document. Prior to the issuance of any building permit or business license, the permittee shall sign a conditional use permit document. The document shall include a list of all conditions imposed by the Planning Commission. A site plan may also be required.
(Ord. 1996-21, 09-04-1996)
(2) Commencement of construction. Within 12 months from the date the Planning Commission grants a conditional use permit, the permittee shall substantially comply with all conditions imposed upon the permit. Substantial compliance shall be demonstrated by obtaining a current building permit and commencing construction. Construction shall be deemed commenced upon the completion of the foundation for at least one principal building or 20% of remodeling or other construction. If construction is not commenced within 12 months, the permit will terminate automatically and without notice to the permittee.
(3) Business license. If construction is not proposed as an element of the conditional use, a business license shall be obtained to satisfy this requirement. If a business license is not obtained within 12 months, the permit will terminate automatically and without notice to the permittee.
(4) Lapsing of permit. If the conditional use should cease for any reason for a continuous period of 12 months, the conditional use permit will terminate automatically and without notice to the permittee.
(5) Extensions. A request for extension of a conditional use permit may be filed with the Community Development Department not less than 30 days prior to the permit expiration date. Following a request for extension, the original conditional use permit shall remain valid until the request for extension is acted upon by the Planning Commission in a regularly scheduled public meeting. A request for extension shall not require a public hearing. A permit may be extended for no more than six months. Failure to request an extension in a timely manner shall cause the conditional use permit to expire without further notice, and a new conditional use permit shall be required prior to any reinstatement of the use.
(6) Reinstatement. Where a conditional use permit terminates under this Section, approval of a new conditional use permit shall be required prior to any reinstatement of the use.
(Ord. 2016-15, 10-19-2016) (Ord. 1996-21, 09-04-1996)
(2) Any conditional use permit issued pursuant to the provisions of this Chapter may be revoked by the Community Development Director for failure of the permittee to observe, or to assure observance of, all the conditions specified in the issuing of the permit, or for failure to observe other requirements of this Code in regards to the maintenance of improvements or the conduct of the use or activity as approved.
(3) An action or omission constituting grounds for revocation under this Section by an agent, employee, officer, operator, owner, guest, or patron of the permittee shall constitute the action or omission of the permittee.
(4) Prior to revocation, the Community Development Director shall make a preliminary determination to revoke. Notification of the Director’s preliminary determination to revoke a conditional use permit shall be mailed by the Department by certified U.S. mail to the permittee at the mailing address identified on the conditional use permit application.
(5) Notification of conditional use permit revocation shall be mailed by the Department by certified U.S. mail to the permittee:
(Ord. 2016-15, 10-19-2016) (Ord. 1996-21, 09-04-1996)
(Ord. 2016-15, 10-19-2016) (Ord. 1996-21, 09-04-1996)
(a) first violation: $100 fine;
(b) second violation: $250 fine;
(c) third and subsequent violations: $500 fine.
(3) Criminal. In addition to the civil penalties provided in this Section, a violation of this Chapter may be charged and prosecuted as a class C misdemeanor.
(Ord. 2024-23, 08-21-2024) (Ord. 2012-23, 11-21-2012)
(2) A person desiring to appeal a civil citation shall file the appropriate application, obtained from the Tooele City Community Development Department, with the Department Director. Any applicable fee shall be paid to the Tooele City Finance Department at the time of filing. The Director shall review the application for completeness and fee payment and forward it to the City Recorder, who shall set a hearing with the administrative hearing officer. The City Recorder shall notify the applicant of the date and time of the hearing.
(3) The powers and duties of the administrative hearing officer and the standards of review to be followed in deciding appeals are identified in Tooele City Code Chapter 1-28.
(Ord. 2024-23, 08-21-2024)
(Ord. 97-21, 06-04-97)
(Ord. 97- 21, 06-04-97)
(Ord. 97-21, 06-04- 97)
(2) Procedure for Approval. A Planned Unit Development Overlay District may only be authorized by the City Council, as an amendment to the Tooele city Zoning District Map, after receipt of a recommendation from the Planning Commission, and after complying with all the requirements of §10-9-403, Utah Code Annotated (U.C.A.). In evaluating the appropriateness of approving a Planned Unit Development Overlay District the City Council and Planning Commission may consider the following factors, among others:
(Ord. 97- 21, 06-04-97)
(Ord. 97-21, 06-04-97)
(1) Application Requirements. Applications for preliminary and final subdivision plat and preliminary and final site plan review and approval must contain all information required by the City for subdivision approval as identified in Chapter 19, or for site plan approval as identified in Chapter 11 as well as the following:
(d) Lot Sizes. In a Planned Unit Development area there is no minimum lot size requirement (area, width, or depth). However, lot sizes must be adequate to promote compatibility with adjoining activities on and off the development site as determined by the Planning Commission and City Council.
(e) Housing Types Allowed. Dwelling units allowed are to be consistent with the types of housing units allowed by the underlying zoning district.
(f) Building Locations and Setbacks. The proposed building areas, and proposed setback lines for all buildings and structures must be shown on the preliminary and final plat or site plan. Along the perimeter of the development site / project area, all development must meet the building setback standards of the underlying zoning district. Within the site, building setbacks and building separation is to be established as part of the preliminary subdivision plat or preliminary site plan review and approval process sufficient to promote a functional, attractive and compatible development.
(g) Height. The height limit of the underlying zoning district applies.
(h) Open Space and Park Areas. Park and open space areas provided within a Planned Unit Development may be proposed for dedication to the City. Open space and park areas proposed for dedication to the City may be received by the City, at the discretion of the City Council, following the receipt of a Planning Commission recommendation. All open space areas and park areas provided as part of a Planned Unit Development must be in common ownership, city ownership, or held in a form acceptable to the City to guarantee access and continued preservation and maintenance.
(i) Maintenance of Open Space Areas. Unless dedicated and accepted by the City, an enforceable maintenance agreement for any commonly owned areas must be created and recorded with the Tooele County Recorder, and a copy of the recorded agreement provided to the City. The final plat or site plan shall also carry a note identifying the existence of the recorded maintenance agreement. Prior to recordation the agreement must be approved by the City Attorney to assure that the City’s interests are maintained and protected.
(j) Provision of Services and Improvements Standards. It is the responsibility of the applicant to provide all service facilities necessary for the functioning of the Planned Unit Development project consistent with the requirements generally imposed on subdivision or site plan approvals, including compliance with the City’s public improvement, design and construction standards.
(k) Phased Development Procedures. An applicant may submit a preliminary subdivision plat or preliminary site plan for the entire Planned Unit Development area with proposed phased final subdivision plats and / or phased final site plans.
(l) Amendments to the Planned Unit Development Subdivision Plats and Site Plans. Applicants may be granted revisions to approved preliminary or final Planned Unit Development subdivision plats or site plans by following the amendment procedures for subdivision plats and site plans as identified in this Ordinance and as required by applicable State law requirements. Requests for revisions must be submitted in writing to the City. Changes and amendments to approved preliminary and final Planned Unit Development plans are processed following the same procedures as the original review and approval.
(m) Certificates of Occupancy. Certificates of occupancy will not be issued unless all improvements and conditions of approval have been fulfilled to the satisfaction of the City Engineer and Building Official
(Ord. 97-21, 06-04-97)
Land with the R1-8 underlying zoning district:
Land with the R1-10 underlying zoning district:
ZONING REGULATIONS OF THE PUD:
• Rear setback is 15 feet minimum.
Location: 22.7 acres located near 1000 North Street (SR-112) and 600 West Street.
ZONING REGULATIONS OF THE PUD:
Location: Skyline Drive west of Deer Hollow 7
ZONING REGULATIONS OF THE PUD:
ZONING REGULATIONS FOR THE PUD:
(Ord. 2004-11, 09-15-04); (Ord. 83-05, 04-20-83)
(1) “HUD code” means the National Manufactured Housing Construction and Safety Standards Act, 42U.S.C. Sec. 5401 et seq.
(2) “Manufactured home” means a transportable factory built housing unit constructed on or after June 15, 1976, according to the HUD Code, in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or when erected on site, is 400 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. Manufactured homes constructed on or after June 15, 1976, shall be identifiable by the manufacturer’s data plate bearing the date the unit was manufactured and a HUD label attached to the exterior of the home certifying the home was manufactured to HUD standards. “Manufactured home” includes in its meaning the term “mobile home” as used in other Titles and Chapters of this Code.
(3) “Mobile home” means a transportable factory built housing unit built prior to June 15, 1976, in accordance with a state mobile home code which existed prior to the HUD Code.
(4) “Mobile home park” and “mobile home subdivision” mean those land developments authorized by City approval to contain manufactured homes.
(Ord. 2004-11, 09-15-04)
(2) A building permit shall be required for the set- up of any manufactured home in a mobile home subdivision. The permit fee shall be as established by resolution of the City Council.
(3) Manufactured homes set up in Tooele City shall meet the standards of the Utah State Division of Manufactured Housing and Recreational Vehicles and carry the design approval label of the Department of Housing and Urban Development.
(4) Manufactured homes in mobile home parks shall be set up to comply with the following:
(6) Notwithstanding other requirements of this chapter to the contrary, a mobile home located in a mobile home park in Tooele City may be relocated to an existing space in another mobile home park when the relocation is necessitated by the closing of the former mobile home park by its owner. A copy of a written contract or notice shall be sufficient evidence of closure to allow the relocation. A mobile home may not be relocated to a mobile home subdivision or building lot. A relocated mobile home shall comply with all of the permitting requirements of this Chapter and all applicable Codes.
(Ord. 2005-16, 06-15-2005); (Ord. 2004-11, 09-15-04); (Ord. 83-05, 04-20-83)
(5) copies of a preliminary plat with appropriate attached exhibits for the proposed mobile home park or recreational vehicle park which shall contain the following information:
(Ord. 83-05, 04-20-83)
(Ord. 2010-14, 11-03-10)
(2) Recreational vehicle parks shall be generally located:
(4) Recreational vehicles may be stored, but not used for permanent living quarters.
(5) Recreational vehicles may be stored, displayed, sold and serviced, but not used for living quarters, in a sales lot in a Commercial or Manufacturing district when such use is a permitted or a conditional use.
(6) Recreational vehicles may be accommodated in an approved and licensed mobile home park, provided that:
(2) Applications for approval shall be in writing, submitted to the planning commission.
(3) It shall be the duty of the city engineer to investigate and examine all such premises to determine that licenses or keepers thereof have complied with the provisions of this Code.
(4) Every licensee of such premises shall keep a daily register of all guests or tenants of such premises. The register shall be available at all times and for one year thereafter for inspection by Tooele City.
(5) After the installation of all required improvements and service facilities in accordance with specifications as indicated by a statement from the city engineer, and upon the payment of a fee as per an adopted schedule, which fee shall be effective for the balance of the calendar year in which it is issued, the city recorder shall issue a license to operate a recreational vehicle park.
(6) Upon the recommendation of the city engineer, and after a hearing and due cause shown at such hearing, the city council may refuse to grant any license under this Chapter and may revoke any license theretofore issued. It shall be unlawful for any person to operate any recreational vehicle park after the revocation of the license; provided, that all applicants or licensees shall be given a reasonable notice of any hearing as specified in this Chapter.
(7) The City is hereby authorized to make and to adopt such written regulations as may be necessary for the proper enforcement of the provisions of this Chapter provided, that such regulations shall not be in conflict with the provisions of this Chapter, and the penalty for violation of the provisions thereof shall be the same as the penalty for violation of any provisions of the Code.
(8) The license to conduct or maintain a recreational vehicle park shall be conspicuously displayed in the recreational park office located upon the premises.
(9) The dimensions and improvement specifications of recreational vehicle parks shall be as follows:
(a) Each recreational vehicle space shall be not less than 1,250 square feet in area and shall be at least 25 feet wide. All spaces shall be clearly marked and shall be accessible from all sides. Only one recreational vehicle shall be parked in one recreation vehicle space.
(b) The minimum spacing between recreational vehicles and between recreational vehicles and buildings shall be as follows:
(Ord. 94-56, 01-31-95); (Ord. 88-18, 07- 06-88); (Ord. 83-05, 04-20-83)
(Ord. 83-05, 04-20-83)
(Ord. 83-05, 04-20-83)
(Ord. 83-05, 04- 20-83)
(Ord. 83-05, 04-20-83)
(Ord. 83- 05, 04-20-83)
(2) Vibration. No vibration (other than from transportation facilities or temporary construction work) shall be permitted which is discernible without instruments at the points of measurement specified herein.
(3) Odors. No emission of odorous gases or other matter shall be permitted in such quantities as to be readily detectable when diluted in the ration of one volume of odorous air to four of clean air at points of measurement specified herein, or at the point of greatest concentration. Any process involving creation or emission of any odors shall be provided with a secondary safeguard system so control will be maintained if the primary safeguard system should fail. (There is hereby established as a guide in determining such quantities of offensive odors Table III, "Odor Thresholds", in Chap. 5, Air Pollution Abatement Manual, Copyright 1951, Manufacturing Chemists' Association, Inc., Washington, D.C., and said manual and/or table as subsequently amended.)
(4) Glare. No direct or sky-reflected glare, whether from flood lights or from high temperature processes such as combustion or welding or otherwise, shall be permitted to be visible at the points of measurement specified herein. This restriction shall not apply to signs or lighting of buildings or grounds for protection as otherwise permitted by the provisions of this Title.
(5) Fire and Explosion Hazards. All activities involving, and all storage of flammable and explosive materials, shall be provided at any point with adequate safety devices against the hazard of fire and explosion.
(6) Radioactivity or Electrical Disturbances. No activities shall be permitted which emit dangerous radioactivity at any point, or electrical disturbance.
(7) Smoke. No emission shall be permitted from any chimney or other source, of smoke or gases except in accordance with air pollution provisions of the Utah State Board of Health.
(8) Liquid or Solid Wastes. No discharge at any point into public sewer, private sewage system, or stream, or into the ground shall be permitted, except in accordance with the standards equivalent to those approved by such Department. No materials or wastes shall be deposited on any property in such form or manner that they may be transferred off the property by natural causes or forces, and any wastes which might be attractive to rodents or insects shall be stored outdoors only in closed containers.
(Ord. 91-26, 12-12-91; Ord. 83-05, 04-20-83)
It shall not be the intent of this Chapter to restrict or specify the particular architectural design proposed or to specify the exterior detail, design, color, or materials proposed by the applicant, except where doing so would enhance the general appearance and compatibility of the development with its surroundings and in such areas where detailed regulations further the specific land use policies of the City, e.g., Gateway Overlay areas, Downtown Overlay areas. Compatibility of development shall include accessibility considerations.
(Ord. 1998-24, 08-05-1998) (Ord. 97-30, 08-06-1997) (Ord. 1983-05, 04-20-1983)
(Ord. 1998-24, 08-05-1998) (Ord. 97-30, 08-06-1997) (Ord. 1983-05, 04-20-1983)
(Ord. 1998-24, 08-05-1998) (Ord. 1983-05, 04-20-1983)
(Ord. 1998-24, 08-05-1998) (Ord. 1983-05, 04-20-1983)
(Ord. 1998-24, 08-05-1998) (Ord. 1983-05, 04-20-1983)
(Ord. 1998-24, 08-05-1998) (Ord. 1994-56, 01-31-1995) (Ord. 1988-18, 07-06-1988)
(d) The planting of sod or seeded grass turf shall be prohibited in industrial zones.
(e) The planting of sod or seeded grass turf in commercial and mixed-use zones shall be limited to areas intended, designed, and constructed for active recreation, activity, and similar areas.
(f) Areas desired for the decorative, aesthetic or appearance of grass or turf that are not intended, designed, and constructed for active recreation, activity, and similar areas shall utilize artificial turf.
(g) All plantings outside of allowable turf areas shall utilize drip-style irrigation systems.
(Ord. 1998-24, 08-05-1998) (Ord. 1983-05, 04-20-1983)
(Ord. 1998-24, 08-05-1998) (Ord. 1983-05, 04-20-1983)
(Ord. 1998-24, 08-05-1998) (Ord. 1983-05, 04-20-1983)
(Ord. 1998-24, 08-05-1998) (Ord. 1983-05, 04-20-1983)
(Ord. 1998-24, 08-05-1998)
(Ord. 2005-06, 05-18-2005) (Ord. 2000-02, 01-19-2000)
(Ord. 2000-02, 01-19-2000)
(Ord. 2021-02, 01-20-2021)
(Ord. 2019-08, 03-20-2019) (Ord. 2012-10, 04-18-2012) (Ord. 2005-05, 03-02-2005)
(2) Scope.
(3) Multi-Family Residential Dwellings Directly Associated with Residential Support Programs.
(Ord. 2021-35, 09-15-2021) (Ord. 2019-08, 03-20-2019) (Ord. 2005-05, 03-02-2005)
(2) The purposes of the standards do not include an intent to arbitrarily dictate color, materials, style, theme, and other similar considerations, but to provide parameters within which the above purposes can be fulfilled.
(3) Nothing in this Chapter shall be construed to limit the City’s exaction authority.
(4) Each Project shall include the creation of an association, or other legal mechanism acceptable to the City, with responsibility for, and authority to require and enforce, the permanent maintenance of all common ownership areas, including but not limited to amenities, landscaping and fences, in good condition so as to present a healthy, neat, and orderly appearance.
(Ord. 2019-08, 03-20-2019) (Ord. 2012-10, 04-18-2012) (Ord. 2005-05, 03-02-2005)
(2) The Application shall consist of the following information and documents, among others:
(3) An Application that does not contain all of the information required by this Chapter, including the payment of application fees, shall be deemed incomplete, and shall not constitute a Project Plan, and shall not be accepted.
(4) A Project Plan shall include consideration of the following Project site design Elements, among others:
mechanical and electrical equipment.
(8) At the time of Application, a Project applicant shall pay all site plan review and other fees approved by Resolution of the City Council.
(Ord. 2019-08, 03-20-2019) (Ord. 2005-05, 03-02-2005)
(2) Projects shall be designed so as to recognize existing natural and manmade Elements and Landmarks, where such Elements and Landmarks are consistent with the Purposes of this Chapter, by including in the Project Plan such Elements as are similar in appearance, design, and purpose.
(3) A Project shall be designed so as to possess a functional relationship of the Project to its Context and Setting.
(4) A Project incorporating existing registered historical structures shall utilize the historical features, aesthetic elements, design, and architectural elements in redevelopment. Adjacent projects are encouraged to incorporate the same into adjacent developments.
(Ord. 2019-08, 03-20-2019) (Ord 2018-13, 08-15-2018) (Ord. 2005-05, 03-02-2005)
(2) For energy efficiency and resident comfort, buildings shall be oriented so as to minimize east/west exposures and should utilize landscaping to create shade as a heat control mechanism.
(3) Buildings and other structures shall be placed in a manner so as to minimize impairment to lines-of-sight for pedestrian, bicycle, and vehicular traffic.
(4) Common Areas shall be located between all buildings so as to encourage relatively even building distribution on the Site and to discourage concentration of buildings on any part of the Site. See Figure 1 for examples of Common Areas.
(5) Setbacks for Multi-family dwelling buildings shall be within the range of ten to 20 feet from the edge of the public or private right-of-way. Variation in setback shall also be provided from internal roads and parking areas according to the same standard.
(Ord. 2019-08, 03-20-2019) (Ord. 2012-10, 04-18-2012) (Ord. 2005-05, 03-02-2005)
(2) Unit Definition. Multi-family buildings shall include design features that differentiate adjoining units and create identity for each unit. This goal shall be achieved through the following requirements:
(4) See Photo Group 1 for examples of Roofline Alignment Elements.
(5) Rooftop heating, air conditioning, and other mechanical equipment shall be screened from the view of pedestrians or drivers from a horizontal distance of not less than 200 feet in all directions from buildings, at street level, with screening materials, design, and color similar to the supporting rooftop.
(6) Vent stacks, pipes, and other similar features shall be black or of a color similar to the supporting rooftop.
(7) Roofs and gables shall have a slope of at least a 1-to-4 ratio, or 22.5 degrees. Shallower or flat roofs are prohibited.
(Ord. 2019-08, 03-20-2019) (Ord. 2012-10, 04-18-2012) (Ord. 2005-05, 03-02-2005)
(2) Side building facades shall incorporate wainscot where wainscot is incorporated on any other building facade, and incorporating at least one window per dwelling unit, as described in this Section.
(3) Wall projections and recesses. See Photo Group 2 for examples.
(4) Wainscot. See Photo Group 5 for examples.
(5) Windows and Balconies. See Photo Group 6 for examples.
(6) For purposes of this Chapter, covered dwelling unit entrances are not considered horizontal alignment elements.
(7) There shall be a roof overhang at the eaves and gable ends of not less than 12 inches, excluding rain gutters, measured from the vertical sides of the building. The roof overhang requirement shall not apply to areas above porches, alcoves, and other appendages.
(8) Exposed foundation walls shall not exceed four feet above the finished grade at any point along the foundation.
(9) Rear and side building facades that face upon a public street shall be designed as though a front facade.
(10) Townhouse or other in-line oriented multi-family unit buildings shall have no more than eight contiguous units without a separation in the building of at least the minimum side yard setback prescribed by the zoning district or the structural separation required by the Building Code, whichever is greater. Buildings containing apartment, condominium or other horizontally and vertically contiguous multi-family units shall be allowed up to 16 ground floor units with a maximum of eight ground floor units along any one building facade.
(Ord. 2019-08, 03-20-2019) (Ord. 2012-10, 04-18-2012) (Ord. 2005-05, 03-02-2005)
(2) Windows on facades other than those described in the previous Subsection shall include trim, at least two inches in width, of a color different than the wall sections surrounding the window.
(3) See Photo Group 7 for examples.
(4) For all Design Elements identified in this Chapter that require a calculation of a facade area, windows shall be excluded from that area calculation.
(Ord. 2019-08, 03-20-2019) (Ord. 2012-10, 04-18-2012) (Ord. 2005-05, 03-02-2005)
(2) All closed building entries (i.e., with doors) and dwelling unit entries located on exposed building facades (i.e., not located on a breeze-way internal to a building or between otherwise connected buildings) shall be covered with a portico, pediment, or similar covering that is architecturally integrated into, not merely attached to, a building. See Photo Group 8 for examples. Covers shall be of dimensions sufficient to cover one person standing at the entry.
(3) All dwelling unit entries shall utilize trim, at least four inches in width, of a color different than the wall sections surrounding the entry.
(4) Building entries shall be directly accessible from a publicly-owned sidewalk or a privately-owned pathway open to the public.
(5) Buildings may not have stairwells or stair cases of more than six stairs leading directly to or from dwelling unit entries.
(6) All multi-family dwelling units that include a front-facing attached garage shall have the garage door be of a color matching that of the color palette of the unit’s front facade.
(Ord. 2020-45, 11-18-2020) (Ord. 2019-08, 03-20-2019) (Ord. 2012-10, 04-18-2012) (Ord. 2005-05, 03-02-2005)
(2) Acceptable monument materials include rock, brick, masonry, stucco, and finished wood.
(3) All monuments shall include lighting that illuminates the sign portion of the monument.
(4) Monument sign lettering shall be solid and opaque.
(5) Monument design shall incorporate a variety of plants, including ground cover, flowers, shrubs, and trees.
(6) All Project entrances shall incorporate ADA accessible crosswalks, pathways, and accesses.
(Ord. 2019-08, 03-20-2019) (Ord. 2012-10, 04-18-2012) (Ord. 2005-05, 03-02-2005)
(2) Design. All landscaping shall be designed by a licensed landscape architect or similarly qualified licensed professional, and installed by a licensed landscaping contractor in accordance with this Chapter and general landscaping industry standards.
(3) Land Use Buffers. Landscaping shall be used as a buffer in areas between multi-family developments and differing adjacent land uses.
(4) Interior Setback. All Projects shall incorporate a landscaped area at least ten feet between buildings and all interior roadways and parking areas. Sidewalks and pathways shall not count towards this requirement.
(5) Percentage. At least 25% of each Site shall be landscaped. This requirement may be reduced to 20% if at least 25% of the 20% landscaping is dry-scape requiring low or no water for irrigation. Areas landscaped with no irrigation artificial turf shall count as dry-scape.
(6) Quantity. The plantings throughout multi-family Projects are intended to enhance and beautify community appearance and to protect welfare by protecting residents and visitors from the traffic, noise, glare, trash, activity, vibration, odor, visual disorder and other adverse or harmful effects associated with some uses. The following shall be required for areas of the Project:
(iii) 40% of required trees shall be located in or adjacent to common areas with a dedicated recreational purpose.
(iv) Parking lot trees shall be planted in accordance with the parking lot landscaping requirements as found in TCC 7-4-9, Parking Lots, Section 3, Landscaping.
(v) All trees shall be irrigated utilizing a bubbler or drip irrigation system.
(vi) Tree varieties shall be of a type or species that is a known performer and will thrive in Tooele's climate and soil conditions.
(ii) At least 50 shrubs per acre of development.
(iii) All shrubs shall be irrigated utilizing a bubbler or drip irrigation system.
(7) The landscaping plan for a Project shall consist of ground covers, shrubs and planting beds, and trees. Projects shall provide a landscaping plan that consists of at least 25% ground cover that is sod, grass or other surface material that provides a playable surface and a maximum of 75% may be planted with such ground covers. For the purpose of this calculation fall surfaces around play equipment may be considered as a playable ground cover surface.
(8) Types. Landscaping includes trees, shrubs, groundcover, flowerbeds with perennial flowers, Dry-Scape, and grass. New trees shall be at least two-inch caliper measured at the base of the tree and at least six feet in height measured from the top of the root ball. Drought tolerant and water-wise landscaping that utilizes drip-style irrigation systems when irrigation is required and plantings that need little to no water is highly encouraged. Sod, seeding, and natural grass turf shall be limited strictly to areas design and dedicated as active and usable spaces such as recreation and activity amenities. Artificial turf shall be utilized in areas where a sod-like appearance is desired but are not intended for use as active and usable spaces.
(9) Projects shall be designed to incorporate existing mature trees (i.e., ten or more years old, or four-inch caliper trunk measured at the base of the tree). The minimum required number of new trees in any Project area (i.e. Common Area) may be reduced by three for every existing mature tree preserved and incorporated into that area of the Project.
(10) Landscaping used to satisfy any one requirement of this Section shall not be construed to satisfy any other requirement. Each requirement shall be satisfied independent of any other unless otherwise specified.
(11) Irrigation.
(12) Maintenance. Each Project shall include the creation of an association, or other legal mechanism acceptable to the City, with responsibility for, and authority to require and enforce, the permanent maintenance of all landscaping in good condition and free from refuse and debris so as to present a healthy, neat, and orderly appearance.
(14) Multi-family redevelopment projects within an existing registered historical building shall have no landscaping requirements specific to the historical building beyond those landscaping areas previously established with and around the building. Those previously established landscaping areas shall be developed according to the provisions of this Section.
(15) Storm water basins, including detention and retention basins, shall be landscaped and maintained as a part of the Project landscaping. Basins shall be landscaped with the need for low or no water demand using dry scapes, water wise and drought tolerant plantings on drip-style irrigation systems, and artificial turf for areas where a grass or sod appearance is desired. Landscaping within basins shall not include sod, seeding or natural grass turf unless i8ntended, designed, and constructed to include active recreational purposes as approved by the Tooele City Parks and Recreation Department. Basins intended, designed, and constructed to include active recreational purposes shall be designed with 5:1 maximum slopes around the perimeter so provide for appropriate access and egress. Basins not intended, designed, and constructed to include active recreational purposes shall be designed with 3:1 maximum slopes around the perimeter.
(Ord. 2023-44, 01-03-2024) (Ord. 2023-22, 06-07-2023) (Ord. 2019-08, 03-20-2019) (Ord. 2018-13, 08-15-2018) (Ord. 2012-10, 04-18-2012) (Ord. 2005-05, 03-02-2005)
(2) Direct access to parking areas shall be from internal roads, not from a public road.
(3) Parking areas of six or more spaces shall be effectively screened from public streets and Surrounding Property. Screening may be with fencing, berming, or landscaping, which landscaping may be credited to the Common Area landscaping percentage requirements contained in this Chapter.
(4) The predominant view from the public roads shall be buildings, not parking areas.
(5) Parking structures, including garages, shall utilize materials, colors, and design similar to those of the nearest building.
(6) Covered parking shall utilize colors and design similar to those of the nearest building.
(7) At least one required resident parking space per unit shall be provided as a covered or enclosed parking space.
(8) All required parking for residents and visitors shall be provided within the Project, exclusive of roads and rights-of-way, and:
(9) Rows of parking shall not include more than 12 spaces without a landscaping break of not less than five feet. These breaks are encouraged to include pedestrian pathways where reasonable for access around and through the Project and to buildings.
(10) Roads on the interior of a Project, whether proposed or intended to be public or private, shall comply with Section 4-8-2 of the Tooele City Code. Standards for private roads shall not be subject to the provisions of Section 7-11a-25 herein.
(11) A traffic impact study shall be required for all multi-family Projects planned to contain 50 or more units, or as otherwise required by the City Engineer.
(Ord. 2022-31, 08-17-2022) (Ord. 2021-03, 01-20-2021) (Ord. 2019-08, 03-20-2019) (Ord. 2012-10, 04-18-2012) (Ord. 2005-05, 03-02-2005)
(2) Fully-enclosed garages of minimum dimension of 22 feet deep and 10 feet wide per garage space may count toward required off-street parking, as shown in Table 7-11a-13.1, below.
(3) Driveways of minimum dimension of 20 feet long and 10 feet wide each may count toward required off-street parking, as shown in Table 7-11a-13.1, below.
(4) Off-street parking spaces, including garages and driveways, associated with one unit shall not count toward the off-street parking spaces required for another unit.
(5) Where a driveway is provided for a unit, a pedestrian walkway between the driveway and the unit primary entrance shall be provided.
Garage Space Scenario | Garage Space Counting Toward Parking |
One-car garage without driveway | 0 parking space |
One-car garage with one-car driveway | 1 parking space |
Two-car garage without driveway | 1 parking space |
Two-car garage with one-car driveway | 2 parking space |
Two-car garage with two-car driveway | 3 parking spaces (i.e. 2 for unit + 1 visitor) |
(Ord. 2022-31, 08-17-2022)
(2) Building signage shall be designed as an integral architectural part of building design.
(3) Project signage. See the Subsection, herein, relating to Project Entrances.
(Ord. 2019-08, 03-20-2019) (Ord. 2012-10, 04-18-2012) (Ord. 2005-05, 03-02-2005)
(2) Theme Lighting. Lighting and light fixtures utilized throughout the Project to illuminate streets, pathways, parking areas, building entrances, and building facades shall be consistent and thematic in terms of their design, placement, and brightness.
(3) Building lighting. Buildings shall be illuminated with a minimum of one wall-mounted light fixture per ground-floor building and dwelling unit entrance.
(4) Building Area Lighting. Where any building is located more than 30 feet from a public street, additional lighting shall be provided by way of free-standing lighting fixtures located in the Common Area and/or other area between the buildings and public streets.
(5) Common Area. Common Areas shall be lighted to illuminate an area with a radius equal to the distance between the approximate Common Area center and the nearest building by installing lighting fixtures.
(6) Street Lights. If a pre-existing abutting public street is not lighted, the Project Plan shall include regularly-required street lights.
(7) Parking Areas. Each parking area shall be illuminated for safety by installing lighting fixtures, with a maximum fixture height of 16 feet.
(8) Lighting used to satisfy any one requirement of this Section shall not be construed to satisfy any other requirement. Each requirement shall be satisfied independent of any other.
(9) Glare and shielding. All lighting shall be shielded so as not to shine into adjacent buildings or Surrounding Property and to reduce glare and waste.
(10) Light pollution. Lighting shall be designed and installed such that light will not spill onto the Surrounding Property. All exterior lighting shall comply with Tooele City Code Chapter 7-30, regarding light pollution and waste.
(Ord. 2019-08, 03-20-2019) (Ord. 2012-10, 04-18-2012) (Ord. 2005-05, 03-02-2005)
(2) Pad-mounted transformers and/or meter box locations shall be screened with landscaping or building materials similar to Project walls, fences, or buildings.
(3) All building and ground-mounted utility infrastructure, such as meters, shutoffs, junction boxes and transformers, shall be coordinated with the respective utility companies such that their final determined locations are shown on the application plans submitted for approval. Such infrastructure shall also be planned for such that their location minimizes their visibility from outside the Project and shall be screened using architectural features or landscaping.
(4) Storm water detention and/or retention facilities shall be incorporated into, and be designed as part of, the landscaping plan.
(Ord. 2019-08, 03-20-2019) (Ord. 2012-10, 04-18-2012) (Ord. 2005-05, 03-02-2005)
(2) Perimeter fencing shall utilize colors and design similar to those utilized for buildings.
(3) Allowed fencing materials include natural or cultured stone masonry, brick masonry, split-faced block masonry, decorative pre-case concrete panel, stucco, vinyl, and other similar materials.
(4) All perimeter fences shall have vertical sections, such as columns or piers, spaced at regular intervals (i.e., between eight and ten feet apart).
(5) Prohibited fencing materials include chain link, barbed wire and other wire materials, wood, and cinder block masonry, except where covered by stucco or brick masonry.
(6) Sight-obscuring privacy fencing shall be provided along Project boundaries abutting properties zoned for or developed with non-multi-family uses. All other Project boundaries, when proposed for fencing, shall be fenced with minimally sight-obscuring fencing, such as split rail fencing, that creates an open and inviting atmosphere with openings that permit access from adjacent streets.
(7) Examples of allowed fencing materials and vertical sections are shown in Photo Group 10.
(Ord. 2019-08, 03-20-2019) (Ord. 2012-10, 04-18-2012) (Ord. 2005-05, 03-02-2005)
(2) All remaining space on front and street facing facades, as well as facades not facing a public street shall comply with the following:
(3) Townhomes: Each townhouse facade shall include a portion of the required 40% brick or stone.
(4) Roof. Roof materials shall be architectural asphalt or composition shingles (at least 30-year), ceramic or clay tiles, or other long-lived weather-resistant materials.
(Ord. 2023-44, 01-03-2024) (Ord. 2022-17, 05-04-2022) (Ord. 2019-08, 03-20-2019) (Ord. 2012-10, 04-18-2012) (Ord. 2005-05, 03-02-2005)
(Ord. 2019-08, 03-20-2019) (Ord. 2012-10, 04-18-2012) (Ord. 2005-05, 03-02-2005)
(2) See Photo Group 11 for examples.
(Ord. 2019-08, 03-20-2019) (Ord. 2012-10, 04-18-2012) (Ord. 2005-05, 03-02-2005)
(2) Dumpster enclosures shall utilize the same colors and materials as the buildings.
(3) Dumpsters and waste collection shall be located within a rear or interior side yard and may otherwise be located as suitable to minimize noise, dust, odors, or other nuisances and provide for safe collection.
(4) Dumpster enclosures shall be located so as to not interrupt, encroach upon, or interfere with the Project’s vehicular or pedestrian pathways or parking areas.
(5) Dumpster enclosures shall be designed to minimize the public view thereof by placement interior to the Project.
(6) Dumpster enclosures shall include landscaping on at least two sides. Landscaping shall consist of shrubs, vines, and/or Dry-Scape.
(Ord. 2019-08, 03-20-2019) (Ord 2018-13, 08-15-2018) (Ord. 2012-10, 04-18-2012) (Ord. 2005-05, 03-02-2005)
(2) Common Areas between any two adjacent buildings shall be of sufficient dimensions to accommodate pedestrian pathways, landscaping, and area for activities.
(3) Common Area shall be landscaped in accordance with the Landscaping Design Standards, above. Common Area may include pathways, patios, recreational activity areas, picnic tables, pavilions, gazebos, and water features. All areas containing play equipment shall include fall material to a depth of at least 12 inches or a depth required by the manufacturer, whichever is greater.
(4) The playground facilities are private Project improvements and shall not entitle the Project to a credit against City impact fees.
(5) Common Area shall include functional Design Elements, such as, seating and tables for eating, trash
receptacles, patios, recreational activity areas, picnic tables, pavilions, gazebos, and water features which shall be accessible to all residents including to the disabled and to children, and which shall be designed in relation to trees and tree groupings for shade and to pedestrian pathways for access. Areas provided for recreational activities shall be open areas free from trees or other Design Elements with grass or other appropriate surfacing, but not rock or mulch materials, that allows for general play or activity. Open areas for recreational activities may be associated with gathering spaces such as pavilions, seating, picnic or eating areas.
(6) Amenities. Centrally located amenities shall be provided for all multi-family Projects.
(iii) Swimming pool (indoor or outdoor).
(iv) Sports courts (i.e. tennis, basketball, volleyball).
(v) Other active or passive recreational areas that meet the intent of this standard.
(d) Projects containing 151 units or more shall include those amenities identified in Subsection (6)(c) plus one additional amenity listed in Subsection (6)(a) for every 50 units or portion thereof thereafter.
(7) Phasing. Projects proposed to be constructed in phases shall design for amenities needed for a total buildout prior to approval of the first phase. Amenities may be constructed such that amenities are implemented as phases include the number of units requiring those amenities. Amenities shall be constructed and completed prior to the completion and occupancy of the phase that necessitates those amenities.
(8) Slope Areas. A maximum of 25% of a Project's slope areas in excess of 30% can be included in the required area calculation for Common Space provided that all slope areas in excess of 30% are preserved from disturbance. Inclusion of sloped area in the calculation of required Common Space is intended to be complimentary and shall not relieve the requirement for the provision of amenities, pathways, or any other Common Space requirement.
(Ord. 2019-08, 03-20-2019) (Ord. 2012-10, 04-18-2012) (Ord. 2005-05, 03-02-2005)
(2) Crosswalks shall utilize materials and colors different than the road sections that the crosswalks traverse.
(3) All Sites shall incorporate continuous, ADA accessible pedestrian pathway that provides direct access to each building, Common Area, parking area, and public sidewalk.
(4) Pedestrian pathways shall be provided between development access points, entryways, gathering nodes, parking areas and linking the Project to surrounding neighborhoods.
(Ord. 2019-08, 03-20-2019) (Ord. 2012-10, 04-18-2012) (Ord. 2005-05, 03-02-2005)
(Ord. 2019-08, 03-20-2019) (Ord. 2012-10, 04-18-2012) (Ord. 2005-05, 03-02-2005)
(Ord. 2020-45, 11-18-2020) (Ord. 2019-08, 03-20-2019) (Ord. 2005-05, 03-02-2005)
Photo Group 2: Wall Projections and Recesses
Photo Group 3: Vertical Elements
Photo Group 4: Corner Treatments
Photo Group 5: Wainscot
Photo Group 6: Windows and Balconies
Photo Group 7: Windows
Photo Group 8: Building and Dwelling Unit Entries
Photo Group 9: Project Entry Monuments
Photo Group 10: Fencing
Photo Group 11: Vents
(Ord. 2020-45, 11-18-2020) (Ord. 2019-08, 03-20-2019) (Ord. 2005-05, 03-02-2005)
(2) “Building” means a single-family dwelling.
(3) “Department” means the Community Development Department or successor department.
(4) “Design Elements” means factors, features, elements, and considerations related to Building and Project design, and has the same meaning as “Elements.”
(5) “Director” means the director of the Community Development Department, or designee.
(6) “Dwelling Unit” has the same meaning as Tooele City Code §7-1-5, as amended.
(7) “Elements” has the same meaning as “Design Elements.”
(8) “General Plan” means the 1998 Tooele City General Plan and its various infrastructure elements, as amended, including culinary water, sanitary sewer, storm water, rights-of-way, transportation, parks and recreation, trails, police and fire, affordable housing, and land use.
(9) “Land Use Plan” means the Land Use Element of the 1998 Tooele City General Plan.
(10) “Project” means a Single-Family residential development project and includes the term Subdivision as defined in Tooele City Code §7-1-5, as amended.
(11) “Project Plan” means that set of documents comprising a completed Application for a Single-Family residential development Project, including, but not limited to, all information and documents required by this Chapter and Chapter 7-19.
(12) “Single-Family Dwelling” has the same meaning as the term “Dwelling: Single-family” as defined in Tooele City Code §7-1-5, as amended.
(13) “Standards” means the Single-Family Residential Design Standards contained in this Chapter.
(14) “Surrounding Property” means all properties touching or adjacent to, or abutting a street adjacent to, a Project.
(Ord. 2012-10, 04-18-12); (Ord. 2006-22, 10-04-2006)
(2) “Column” means a supporting pillar with a rectangular or cylindrical shaft.
(3) “Dormer Window” means a window set vertically in a structure projecting through a sloping roof.
(4) “Dutch Hip” means a roof having a hipped end truncating a gable.
(5) “Eave” means the overhanging lower edge of a roof.
(6) “Façade” means the front of a building or any of its sides facing a public way or space, esp, one distinguished by its architectural treatment.
(7) “Fascia” means a horizontal piece (as a board) at the end of a projecting eave or overhand; also, the vertical edge of a roof.
(8) “Gable” means a triangular section of wall at the end of a pitched roof, or a triangular ornamental seat over a window or door.
(9) “Gambrel” means a ridged roof or ornamental openings divided on each side into a shallower slope above a steeper one.
(10) “Hip Roof” means a roof having sloping ends and sloping sides.
(11) “Keystone” means the wedge at the center or top of an arch, serving to lock all of the other pieces into place.
(12) “Lintel” means a beam supporting the weight above a door or a window.
(13) “Porch” means an exterior appendage to a building forming a covered approach or vestibule to a doorway.
(14) “Quoin” means an exterior corner treatment distinguished from the adjoining surfaces by texture, color, material, size, or projection.
(15) “Shutter” means a louvered or solid panel at the sides of a window mimicking operating panels used to close and protect a window opening.
(16) “Trim” means a finished woodwork or the like used to decorate, border, or protect the edges of openings or surfaces.
(17) “Wainscot” means a facing of finish material which typically covers the lower portion of a wall.
(Ord. 2006-22, 10-04-2006)
(3) Nothing in this Chapter shall be construed to limit the City’s exaction authority.
(Ord. 2012-10, 04-18-12); (Ord. 2006-22, 10-04-2006)
(2) An Application that does not contain all of the information required by this Chapter and Chapter 7-19 shall be deemed incomplete, and shall not constitute a Project Plan.
(3) At the time of Application, a Project applicant shall pay all subdivision review and other fees approved by Resolution of the City Council.
(Ord. 2006-22, 10-04-2006)
(1) Building Materials.
(a) Both the exterior building design and the exterior building materials of all Buildings shall be of sufficient quality, durability, and resistance to the elements to satisfy the purposes of this Chapter. Exterior siding materials may include, but shall not be limited to, brick or stone masonry, concrete, glass, aluminum or steel lap, vinyl lap, tile, stucco, fiber-cement board, and/or wood. All exterior materials shall be installed in a professional workmanlike manner and be guaranteed to be maintenance-free for at least 10 years from the date of installation. Finishes upon exterior materials shall be guaranteed to be maintenance-free for a at least five years from the date of installation. Materials or finishes without such guarantees shall not be permitted. Guarantees shall be in writing from the manufacturer.
(3) Roofs. The roof of each Building shall have a minimum pitch of 3:12. At non-gable ends of the roof there shall be an overhang at the eaves of not less than 12 inches inclusive of rain gutters. For Buildings with cantilevers, 60 percent of the total eave length of the home shall have an overhang of not less than 12 inches. The roof overhang shall be measured perpendicular to the vertical side of the Building. These pitch and overhang provisions shall not apply to porch covers, bay windows, or similar appendages. Unfinished galvanized steel or aluminum roofing shall not be allowed.
(4) Building Depth. Each Building shall be not less than 20 feet in depth at the shallowest point. The depth shall be considered to be the lesser of the two primary dimensions of the Building exclusive of attached garages, bay windows, room additions, or other similar appendages.
(5) Design Variation. In order to insure exterior design variation, the same or nearly the same exterior design, as determined by the City, shall not be allowed on adjacent lots. Twin homes, however, may incorporate the same or similar exterior design.
(6) Building Size.
(a) In the R1-8 and higher-density zoning districts, the minimum square footage of finished, above-ground, habitable floor space of any Building shall be 1,100 square feet.
(a) Each Building shall include a garage with interior minimum interior dimensions of 20 feet wide by 22 feet deep.
(8) Site Grading. Final grading of individual lots shall be performed in such a way that excess water shall be contained entirely on the site, directed to an improved street, or directed to an approved drainage inlet, drainage channel, or drainage easement. Excess water shall not be allowed to drain onto adjacent private property unless approved by the City as part of an overall system, as reflected in the subdivision approval. In order to more effectively direct storm runoff, rain gutters shall be installed on all eaves of Buildings.
(9) Covered Porch. The main entry of the Building shall have a covered porch which shall be no less than 6 feet deep and 30 square feet in area.
(10) Recreational Vehicle (RV) Pads. RV pads shall not be allowed in the front yard or forward of the Building front façade.
(11) House Numbers. House numbers shall be at least 4 inches in height and located to as to be easily visible from the street.
(12) Exterior Building Lighting. All lighting located on or illuminating Building exteriors shall be shielded to minimize the glare upon surrounding properties.
(13) Street Lighting. Street lighting fixtures shall be selected from those identified by administrative policy promulgated by the Public Works Director.
(14) Ventilation Fixtures. Ventilation fixtures, such as plumbing stand-offs and HVAC stand-offs, shall not protrude from the front-facing slope of the Building roof, but shall be located behind the roof peak on the rear-facing slope of the roof, on in a gable roof associated with the rear-facing slope of the roof.
(15) Downspouts. Gutter downspouts shall not be located in such a manner so as to discharge their contents across a driveway or walkway.
(Ord. 2012-10, 04-18-12); (Ord. 2007-15, 04-18-2007); (Ord. 2007-09, 04-04-2007); (Ord. 2006-22, 10-04-2006)
(Ord. 2012-10, 04-18-12); (Ord. 2006-22, 10-04-2006)
1. Roofing Treatments (must use at least one) | Points |
A. Dominant roof pitch of not less than 6:12 | 40 |
B. Dominant roof pitch of no less than 5:12 | 30 |
C. Title or laminated architectural shingles that simulate the depth of wood | 40 |
D. Two or more gable ends on front facade, hip style roof, or two or more roof panels/levels | 60 |
E. Dormer windows | 40 |
F. 6" or larger decorative roof fascia | 20 |
2. Relief Treatments (must use at least one) | Points |
A. At least one foundation job (not including the garage) on the front facade | 60 |
B. Bay or box window or other projection that is not part of the foundation on the front facade | 20 |
C. At least one cantilevered living are on the front facade | 40 |
3. Material Selections (must use at least one) | Points |
A. Full stucco exterior including accent trim that is a complimentary but different color from the primary house color, around all windows and doors-no brick or stone | 20 |
B. Full stucco including accent trim, which is a complimentary but different color from the primary house color, around all windows and doors on exterior of home, plus full perimeter wainscot of brick or stone masonry | 40 |
C. Full brick or stone masonry exterior | 60 |
D. 35% masonry exterior (includes stucco, brick or stone masonry, and fiber-cement board) | 10 |
E. 35% masonry exterior for all street-facing exterior surfaces (includes stucco, brick or stone masonry, and fiber-cement board) | 5 |
F. 20% masonry exterior (includes stucco, brick, or stone masonry, and fiber-cement board) | 0 |
4. Entry Features (must use at least one) | Points |
A. Decorative windows (e.g., non-rectangular, transom over entry)--at least 2 | 10 |
B. Use of 8"x8" minimum columns or similar support features for covered front porch | 10 |
C. Covered front porch that extends across less than 40% of the entire length of the front facade and is at least 6' deep with no less than 60 sq. ft. of usable, unobstructed space | 40 |
D. Covered front porch that extends across at least 50% of the entire length of the front facade and is at least 6' deep with no less than 90 sq. ft. of usable, unobstructed space | 60 |
5. Garage Treatments (must use at least one) | Points |
A. Front of garage located at least 5' behind front facade | 30 |
B. Garage flush with the front of the house | 20 |
C. Side entry garage | 40 |
D. Usable open space with a trellis or roof (covered porch) above the garage extending to or beyond the front face of the garage | 60 |
E. Color coordinated, textured garage door | 10 |
6. Additional Material/Design Selections (optional) | Points |
A. One or more non-rectangular (round, oval, arched, etc.) windows used on the front facade not including any window used to meet item 4A above | 10 |
B. Six or more windows of any size used on the front facade (does not include windows in garage doors or windows used to meet item 4A above) | 20 |
C. Decorative vents (oval, octagonal, or arched) on all front facade vents | 10 |
D. Decorate vents (oval, octagonal, or arched) on all vents on all other facades | 10 |
E. Decorative shutters on all front facade windows | 30 |
F. Decorative shutters on all windows of other facades | 20 |
G. Stucco or precast quoins on at least two corners | 20 |
H. Stucco or precast keystones | 10 |
I. Change of color on exterior materials (excluding doors, shutters, trim, roof material or material changes) | 10 |
J. Window trim at least 4" (at least) wide around all front facade windows | 20 |
K. Combination of either decorative shutters or 4" (at least) trim for all front facade windows | 20 |
L. Combination of either decorative shutters or 4" (at least) trim for all windows on all facades other than the front facade | 20 |
(Ord. 2007-15, 04-18-2007); (Ord. 2006-22, 10-04-2006)
(Ord. 2012-10, 04-18-12); (Ord. 2006-22, 10-04-2006)
1. Relief Treatments (optional) | Points |
A. At least 1 foundation job that is at least 10' long and is no more than 20' deep | 40 |
B. Bay or box window or other projection that is not part of the foundation | 30 |
C. At least one cantilevered living area | 30 |
2. Roof Treatments (must use at least one) | Points |
A. A minimum 6" overhang at the eaves on gable ends | 10 |
B. Dutch hip on a gable end | 10 |
C. Hip roof instead of a gable end | 20 |
D. One or more gables on rear facades | 20 |
E. Two or more gables on side facades | 10 |
F. One cross gable on side facades | 10 |
G. Two cross gables on side facades | 20 |
3. Design Treatments (must use at least one) | Points |
A. One or more windows that are at least 3 sq. ft. each in area (does not include windows in garage doors, bay windows, box windows, or windows that are in or partially in window wells). Each window counts as 10 points up to a maximum of 50 points. | 10 |
B. Trim around each window for homes with stucco, vinyl, or fiber-cement board exteriors | 10 |
C. Decorative vents (oval, octagonal, or arched): maximum of 10 points | 10 |
D. Decorative window shutters when used for al windows on the street-facing facade | 10 |
E. Stucco or precast quoins on at least two corners | 10 |
F. Stucco or precast keystones | 10 |
G. Knee braces | 10 |
H. Change of color on exterior materials applied to at least 20% of the facade (excluding doors, shutters, trim, roof material or material changes) | 10 |
I. Change of material (i.e., brick or stone masonry wainscot) applied to at least 15% of the street-facing facade | 20 |
J. For side facades, a covered porch that extends to the street-facing facade | 20 |
(Ord. 2006-22, 10-04-2006)
(Ord. 2012-10, 04-18-12); (Ord. 2006-22, 10-04-2006)
(Ord. 2006-22, 10-04-2006)
(Ord. 2012-10, 04-18-12); (Ord. 2007-09, 04-04-2007); (Ord. 2006-22, 10-04-2006)
(Ord. 2010-03, 04-21- 2010); (Ord. 94-28; 05-24-94)
(2) The standards, guidelines, and criteria established by this Chapter are intended to support the purpose and intent of this Chapter by working to accomplish the following:
(Ord. 2010-03, 04-21-2010); (Ord. 94-28; 05- 24-94)
where:
(Ord. 2013-15, 09-18-2013) (Ord. 2010-03, 04-21-2010); (Ord. 2004-15, 10-20-04); (Ord. 94-28; 05-24-94)
(2) This Chapter makes additional provisions to those set forth elsewhere in Title 7 of the Tooele City Code, as amended. In the event of conflict between the existing zoning classification, building codes, or subdivision ordinance and the regulations contained in this Chapter, the most restrictive provision shall apply.
(3) In the Sensitive Area Overlay Zone, no property shall be used and no building shall be erected or altered so as to be arranged, intended, or designed to be used for a purpose other than those permitted in the base zoning district classification.
(Ord. 2010-03, 04- 21-2010); (Ord. 94-28; 05-24-94)
(Ord. 2013-15, 09-18-2013) (Ord. 2010-03, 04-21- 2010); (Ord. 94-28, 05-24-94)
(4) Maximum Impervious Material Coverage.
The maximum impervious material coverage allowed upon any lot shall be 30 percent of the total lot area, or, for clustered development, 30 percent of the total combined area of the clustered lots.
(Ord. 2010-03, 04-21-2010); (Ord. 94-28; 05-24-94)
(2) Site Plan. The applicant shall submit an engineered site plan, to include at least the following information:
(3) Cross-section. The site plan shall be accompanied by a cross-section showing the information required in this Section as well as driveway slope and slope percentage for each change in slope.
(4) Drainage and Erosion. The area of the watershed, together with other relevant information, shall be used to determine the amount of storm water runoff generated before and after construction.
A = Drainage area in acres.
(5) Vegetation and Revegetation.
(upslope or downslope) or a slope 30% or greater unless otherwise determined in writing by the Mayor upon recommendation of the City Engineer for public uses such as trails and open space improvements. Any revegetation of such a hillside shall have the approval of the City Engineer.
(9) Streets and Ways. Streets, roadways and private access ways shall follow as nearly as possible the natural terrain.
(11) Mechanical equipment. Mechanical equipment including swamp coolers, air conditioning, heat pumps, vents, blowers and fans shall be screened from view or painted to match the structure color adjacent to the equipment, and shall not extend above the highest roof ridge line. Roof-mounted solar collections panels need not be screened or painted so long as they are mounted parallel to and flush with the roof slope and do no project above the ridge line of the roof segment upon which they are mounted.
(12) Satellite or wireless antennae. Satellite or wireless antennae having a diameter of 30 inches or more, including receive-only antennae, shall only be constructed within the rear yard of the lot and not on any building. Satellite antennae shall be painted nonreflective black or other dark earth-tone colors. Satellite dishes shall be limited to 13 feet in overall height, including the base upon the established ground, and shall be no more than twelve feet in diameter.
(13) Exterior lighting. Floodlighting of structures is prohibited. Exterior lighting shall be architecturally integrated decorative lighting. Yard areas may be lit only with “directional” lighting and no direct light beam may impact any other property except for security lights intended to be activated only at limited times as necessary for immediate security.
(14) On-site development. The property owner shall be fully responsible for making all improvements in accordance with the development site approval.
(15) Utilities. To the maximum extent practical, all utilities shall be placed within existing road rights-of- way and front yard setbacks. All water, sewer, electrical, telephone, cable television and other utilities shall be placed underground except that transformers, pedestals and other appurtenances which are normally located above ground in connection with the underground installations are permitted. All areas disturbed by the installation of underground utilities shall be revegetated to a natural state. Temporary or emergency utilities may be erected and maintained above ground for no more than four months.
(16) Bond. In addition to the provisions requiring the posting of a bond as set forth elsewhere in the ordinances of Tooele City, a cash bond or a letter of credit may be required by the City to guarantee the completion of revegetation projects, the stabilization of gradings, cuts and fills and constructions of storm water runoff facilities. If such bond is required, it shall be in an amount equal to the cost of construction of such projects and shall continue for one year after the completion date of such projects, improvements, or facilities.
(17) Retaining walls. All cuts and fills shall be supported where required by engineered retaining walls. No retaining wall may exceed four feet in height from the finished grade except as provided in Section 7-12- 8(c) and (f). In a terrace of retaining walls each four- foot vertical retaining wall must be separated by a minimum of three horizontal feet, and any six foot retaining wall must be separated from any other retaining wall by a minimum of five horizontal feet, or as recommended by the geotechnical report, whichever is greater.
(18) Fencing. All chain link fences shall be vinyl coated to blend in with the native landscaping. Walls and fences in front yards and along roadways shall not exceed a maximum of 42 inches in height. Fence construction shall comply with the fence regulations in Chapter 7, Title 2 of the Tooele City Code for setback and other requirements.
(Ord. 2010- 03, 04-21-2010); (Ord. 94-28; 05-24-94)
(2) Approval by City Council. Before a planned unit development (PUD), cluster subdivision, subdivision, or a commercial development is allowed within the Sensitive Area Overlay Zone, approval must be first granted by the City Council.
(3) Administrative approval. Before construction of any primary structure, or any accessory structure requiring a building permit, approval must first be obtained from the Building Official and City Engineer. The application shall contain information, plans, and reports as are required by the City.
(4) Application to Planning Commission. All land use applications for development within the Sensitive Area Overlay Zone shall be submitted to the Community Development Department. All subdivision or PUD project plans and/or reports shall be drawn to scale, not smaller than 1″ = 100′ and shall show topography at five-foot intervals for slopes greater than 30%, and one-foot contours for slopes less than 30%. All site plans and/or reports for building permits shall be drawn to scale, not smaller than 1″ = 10′, said site plans and/or reports shall show topographical contours at one-foot intervals.
(5) Engineering calculations made available to the City. All engineering calculations performed and acquired pursuant to the provisions of the ordinances of Tooele City shall be made available to the City Engineer as a part of the land use application review and approval process. The City Engineer shall then have access to the engineering calculations in order to better advise the Planning Commission with regard to further review and approval of a proposed development.
(6) Conceptual Review. A land use application submitted under this Chapter shall first be reviewed conceptually by City staff, the Planning Commission, and the City Council. Conceptual review of development within the Sensitive Area Overlay Zone is intended to be a scoping process wherein initial development concerns and potential environmental hazards are evaluated. Additional information, studies, and reports will be required for preliminary approval. Conceptual review and approval does not bestow any vested rights. The only entitlement bestowed by conceptual review and approval is the procedural entitlement to proceed to the preliminary review.
Figure One: Sensitive Area Overlay Map
Figure Two: Illustrative Flag Lot Configurations
(c) Multi-Family Residential (MR-12);
(e) Medium Density Residential (R1-7);
(f) Medium Density Residential (R1-8);
(g) Medium Density Residential (R1-10);
(h) Low Density Residential (R1-12);
(i) Low Density Residential (R1-14);
(j) Low Density Residential (R1-30);
(k) Low Density Residential (RR-1);
(l) Low Density Residential (RR-5);
(m) Low Density Residential (RR-20);
(n) Multiple Use (MU-160);
(o) Mixed Use – General (MU-G);
(p) Mixed Use – Broadway (MU-B);
(q) Neighborhood Commercial (NC);
(r) General Commercial (GC);
(s) Regional Commercial (RC);
(t) Light Industrial (LI);
(u) Industrial (I);
(v) Research and Development (RD);
(w) Residential Special District (RSD);
(x) Commercial Special District (CSD); and,
(y) Tooele City Business Park (TCBP).
(2) The location and boundaries of each of the zoning districts are shown on the zoning map entitled, “Tooele City Zoning.” All boundaries, notations, and other data shown thereon are hereby adopted as part of this Title.
(3) Special Purpose Overlay Zoning Districts. From time to time the City may establish overlay zoning districts for specific purposes that apply on top of the base zoning districts identified in this Section. These overlay zoning districts may be established in other chapters of this Title based on their intended purpose.
(Ord. 2023-28, 06-07-2023) (Ord. 2022-22, 07-06-2022) (Ord. 2021-27, 07-21-2021) (Ord. 2019-08, 03-20-2019) (Ord. 97-21, 06-04-1997) (Ord. 1992-04, 06-09-1992)
(1) Wherever the District boundary is indicated as being approximately upon the centerline of a street, alley or block or along a property line, then, unless otherwise definitely indicated on the map, the centerline of such street, alley, block or such property line, shall be construed to be the boundary of such District.
(2) Wherever such boundary line of such District is indicated as being approximately at the line of any river, irrigation canal or other waterway, or railroad right-of-way, or public park or other public land, or any section line, then in such case the center of such stream, canal or waterway, or of such railroad right-of-way, or the boundary line of such public land or such section line shall be deemed to be the boundary of such District.
(3) Where such District boundary lines cannot be determined by the above rules, their location may be found by the use of the scale appearing upon the map.
(4) Where the application of the above rules does not clarify the District boundary location, the Board of Adjustment shall interpret the map.
(Ord. 2019-08, 03-20-19) (Ord. 1983-05, 04-20-1983)
(Ord. 2010-12, 11-03-10); (Ord. 2003-09, 04-16-03); (Ord. 96-10, 03-06-96)
(Ord. 2010-12, 11-03-10)
(Ord. 2010-12, 11-03-10); (Ord. 2003-09, 04-16-03); (Ord. 96-10, 03-06-96)
(2) For purposes of this Chapter, a temporary vehicle sale at a fairground or park is a temporary activity. However, any such sale shall comply with Chapter 7-11a, as amended, and all other applicable regulations.
(Ord. 2010-12, 11-03-10); (Ord. 2003-09, 04-16-03)
(Ord. 2003-09, 04-16-03); (Ord. 96-10, 03-06-96)
(Ord. 2003-09, 04-16-03); (Ord. 96-10, 03-06-96)
(Ord. 2003-09, 04-16-03); (Ord. 96-10, 03-06-96)
(Ord. 2003-09, 04-16-03); (Ord. 96-10, 03-06-96)
(Ord. 2010-12, 11-03-10); (Ord. 2003-09, 04-16-03); (Ord. 96-10, 03-06-96)
(Ord. 2010-12, 11-03-10); (Ord. 2003-09, 04-16-03); (Ord. 96-10, 03-06-96)
(Ord. 2010-12, 11-03-10); (Ord. 2003-09, 04-16-03); (Ord. 96-10, 03-06-96)
(Ord. 2010-12, 11-03-10); (Ord. 2003-09, 04-16-03);(Ord. 96-10, 03-06-96)
In the event the open space properties and associated facilities are not maintained consistent with the approved plan, the City may at its option cause such maintenance to be performed and assess the costs incurred to the property owner(s) or other responsible parties.
(Ord. 2003-09, 04-16-03); (Ord. 96-10, 03-06-96)
(Ord. 2010-12, 11-03-10)
Click Here for a .pdf copy of Title 7 Chapter 14 Tables
To meet the purposes of this Ordinance, Tooele City is divided into the following residential and special purpose zoning districts:
Multi-Family Residential (MR-12)
(Ord. 2022-22, 07-06-2022) (Ord. 2021-27, 07-21-2021) (Ord. 2019-08, 03-20-2019) (Ord. 2015-25, 12-16-2015) (Ord.1997-21, 06-04-1997)
(Ord. 2015-25, 12-16-2015)
(2) Secondary Local Class Streets within the In-Fill Overlay District shall be identified as 50 West and 150 West and Garden Street south of 100 South.
(Ord. 2017-27, 11-01-2017)
(2) The Medium Density Residential Districts (R1- 7, R1-8, and R1-10) are designed to provide a range of housing choices to meet the needs of Tooele City residents, to offer a balance of housing types and densities, and to preserve and maintain the City’s residential areas as safe and convenient places to live. These districts are intended for well-designed residential areas free from any activity that may weaken the residential strength and integrity of these areas. Typical uses include single-family dwellings and two-family dwellings in appropriate locations within the City. Also allowed are parks, open space areas, pedestrian pathways, trails and walkways, utility facilities and public service uses required to meet the needs of the citizens of the City.
(3) The Low Density Residential Districts (R1-12, R1-14, R1-30) provide for single family residential areas and single family dwelling units on larger individual lots.
(4) The Rural Density Residential Districts (RR-1, RR-5, RR-20) provide for single-family residential areas and single-family dwelling units on very large individual lots that support, allow, and make available Rural Residential opportunities and agricultural uses protect from the encroachment of incompatible uses.
(5) The purpose of the Multiple Use District (MU-160) is to provide areas in mountain, hillside, canyon, valley, desert and other open and generally undeveloped lands where residential uses should be limited in order to protect the land resource, to limited demands for public facilities and services, to provide opportunities for forestry, agriculture, mining, wildlife habitat, and recreation, to avoid damage to water resources and water shed areas, and to protect the health and safety of the residents of the City and adjoining areas.
(6) The purpose of the Residential Special District (RSD) is to provide a master planned, architecturally designed residential development where customized zoning requirements are developed and implemented to apply to a specific geographic area in order to permit flexibility and initiative to produce a unique, cohesive development to achieve the following:
(a) Protecting and enhancing the value of properties by encouraging the use of good design principles and concepts through development planning with full recognition of the significance and effect they can have on the proper planning and development of subject properties as well as adjacent and nearby properties;
(Ord. 1997-21, 06-04-1997)
(Ord. 2019-08, 03-20-19) (Ord. 1997-21, 06-04-1997)
(Ord. 2020-39, 09-16-2020) (Ord. 2019-08, 03-20-2019) (Ord. 1997-21, 06-04-1997)
(1) All accessory buildings and structures shall be required to comply with the minimum front yard setback and shall be set back a minimum of at least six feet from the principal structure.
(2) All accessory buildings and structures shall be setback a minimum of five feet from the rear and side property lines. This five feet setback may be reduced to one foot provided the following requirements are met:
(a) accessory buildings are constructed in such a manner that the roof does not infringe or drain onto adjoining property;
(3) No accessory building or structure or group of accessory buildings or structures shall cover more than 8% of the total lot area, except as may be allowed by the provisions of 7-14-6(9).
(4) No accessory building or structures shall encroach upon any easement or right-of-way.
(5) Detached garages and all other accessory buildings and structures shall be located at least ten feet from any dwelling or main building located on an adjoining lot.
(6) All accessory buildings accessed by vehicle (for example: detached garage) shall be set back a minimum of 25 feet from the public right-of-way from which the accessory building is vehicle accessed.
(7) Accessory buildings and structures located in the side yard of an interior lot or the street side yard of a corner lot shall not exceed 15 feet in height. Views of accessory buildings and structures from adjoining streets and properties shall be screened with a visual screening treatment. On corner lots all accessory buildings and structures shall be located to the rear of the main building.
(8) Separate meter connections for water, sewer, gas, or other utilities are not permitted for any accessory building or structure.
(9) All detached garages and other accessory structures which exceed the 8% lot coverage restriction for accessory buildings, or which are taller than 15 feet in height as measured at the mid-point of roof pitch, shall require a hearing before the Planning Commission and will be considered a Conditional Use in all residential zoning districts. The Planning Commission will determine and consider any adverse impacts the proposed building or structure may have on adjoining properties. Notice of the Planning Commission hearing shall be sent by regular mail to all adjoining property owners, the applicant being required to pay all the costs incurred by the City to provide the required notice. The Planning Commission shall approve or deny the conditional use application pursuant to Tooele City Code Chapter 7-5.
(10) Metal shipping containers and other similar containers are prohibited as accessory storage structures in all residential zoning districts.
(Ord. 2024-15, 05-15-2024) (Ord. 2019-08, 03-20-2019) (Ord. 2012-09, 04-18-2012) (Ord. 2009-15, 12-02-2009) (Ord. 1997-21, 06-04-1997)
(Ord. 2019-08, 03-20-2019) (Ord. 2003-24, 11-05-2003)
(Ord. 2019-08, 03-20-2019) (Ord. 2003-24, 11-05-2003) (Ord. 1997-21, 06-04-1997)
(2) Pet rabbits, ducks, and chicken hens are permitted in the MR-20, MR-16, MR-12, MR-8, R1-7, R1-8, R1- 10, R1-12, and R1-14 Districts. No more than a total of six animals in any combination of rabbits, ducks, and chicken hens are allowed on any lot in these districts. Houses, cages, pens, coops, etc. shall be provided for all animals kept outdoors. As of January 1, 2017, a legal nonconforming rooster that dies or is removed from a property located in the above-enumerated zoning districts shall not be replaced.
(3) Nuisance. In all zoning districts of the City, persons owning or harboring farm animals may not keep their animals in any manner that constitutes a nuisance as defined by City ordinance.
(Ord. 2022-22, 07-06-2022) (Ord. 2019-08, 03-20-2019) (Ord. 2016-17, 11-02-2016) (Ord. 2008-11, 11-05-2008) (Ord. 2003-24, 11-05-2003)
(2) Hives. All bee colonies shall be kept in inspectable type hives with removable combs. Hives shall be kept in a sound and usable condition.
(3) Setback. All hives shall be located at least five (5) feet from any adjoining property with the back of the hive facing the nearest adjoining property.
(4) Fencing of flyways. In each instance in which any colony is situated within 25 feet of a developed public or private property line of the parcel 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 or fence parallel to the property line and extending ten feet beyond the colony in each direction so that all bees are forced to fly at an elevation of a least six feet above ground level over the property lines in the vicinity of the apiary.
(5) Water. Each beekeeper shall ensure that a convenient source of water is available at all times to the bees so that the bees will not congregate at swimming pools, pet water bowls, birdbaths, or other water sources where they may cause human, bird, or domestic pet contact. The water shall be maintained so as not to become stagnant.
(6) Maintenance. Each beekeeper shall ensure that no bee comb or other materials are left upon the grounds of the apiary site. Upon their removal from the hive, all such materials shall promptly be disposed of in a sealed container or placed within a building or other bee-proof enclosure.
(7) Queens. In any instance in which a colony exhibits unusually aggressive characteristics by stinging or attempting to sting without due provocation, or exhibits an unusual disposition towards swarming, it shall be the duty of the beekeeper to re-queen the colony. Queens shall be selected from stock bred for gentleness and non- swarming characteristics.
(8) Colony Densities. Up to four colonies may be kept on a parcel of property one acre or less in size. Each additional colony over four shall require one-quarter acre of land in addition to the base one acre. Examples: six colonies requires at least 1.5 acres; ten colonies requires at least 2.5 acres. No more than 20 colonies may be kept on any parcel or group of contiguous parcels under common ownership. The keeping of more than four colonies requires a business license.
(9) State Registration. Each beekeeper shall be registered with the Utah Department of Agriculture and Food as provided in the Utah Bee Inspection Act set forth in Title 4, Chapter 11 of the Utah Code, as amended.
(10) Prohibited. The keeping by any person of bee colonies in the City not in strict compliance with this section is prohibited. Any bee colony residing in a standard or homemade hive which, by virtue of its condition, appears to have been abandoned, is unlawful and may be summarily destroyed or removed from the City by the Community Development Director or designee.
(11) Notwithstanding compliance with the various requirements of this Chapter, it shall be unlawful for any person to maintain an apiary or to keep any colony on any property in a manner that threatens public health or safety, or creates a nuisance.
(Ord. 2019-08, 03-20-2019) (Ord. 2011-09, 05-04-2011)
(2) Lots within subdivisions whose preliminary plan approval occurred after April 1, 2023 and which has at least 250 square feet of total landscaped area within the lot shall be landscaped with no more than 50% of front and side yards landscaped area as natural lawn grass. Front and side yards shall be landscaped and maintained. Landscaping is strongly encouraged to necessitate no or low water use. The use of artificial turf is strongly encouraged for the appearance or desire of lawn. Where irrigation is needed for plantings outside of lawn areas shall be of a drip-style irrigation system.
(Ord. 2023-22, 06-07-2023)
USE | District | |||||||||||||||
MR-20 | MR-16 | MR-12 | MR-8 | R1-7 | R1-8 | R1-10 | R1-12 | R1-14 | R1-30 | RR-1 | RR-5 | RR-20 | MU-160 | |||
Accessory Buildings and Uses | C | P | P | P | P | P | P | P | P | P | P | P | P | P | ||
Accessory Dwelling Units | P | P | P | P | P | P | P | P | P | |||||||
Agriculture (Forestry/Horticultural Production | P | P | P | P | P | P | P | P | P | P | P | P | P | |||
Agriculture (Livestock Production) | C | C | C | C | C | |||||||||||
Agriculture Business | C | C | C | |||||||||||||
Apiary | P | P | P | P | P | P | P | P | P | P | ||||||
Bed and Breakfast Inn | C | C | C | C | C | C | C | C | C | C | C | C | C | |||
Campgrounds | C | C | P | |||||||||||||
Churches and Religious Facilities | C | C | C | C | C | C | C | C | C | C | C | C | C | C | ||
Commercial Day-Care/Pre-School | C | C | C | C | ||||||||||||
Commercial Kennel/Animal Hospital | C | C | C | |||||||||||||
Concrete and Asphalt Plant | C | |||||||||||||||
Day Treatment Facility and Program | C | C | C | C | C | C | C | C | C | C | C | C | C | |||
Dwelling: Single-Family | P | P | P | P | P | P | P | P | P | P | ||||||
Dwelling: Two-Family | P | P | P | P | C | |||||||||||
Dwelling: Multi-Family | P | P | P | P | ||||||||||||
Dwelling: Cabin/Seasonal Home | C | C | ||||||||||||||
Dwelling: Condominium | P | P | P | P | ||||||||||||
Dwelling: Farm and Ranch Employee Housing | C | C | ||||||||||||||
Dwelling: Manufactured Housing Unit | P | P | P | P | P | P | P | P | P | P | P | P | P | |||
Dwelling: Townhouse | P | P | P | P | ||||||||||||
Gardening | P | P | P | P | P | P | P | P | P | P | P | P | P | |||
Golf Course/Country Club | C | C | C | C | C | C | C | C | C | C | C | C | C | C | ||
Home Occupation | P**2 | P | P | P | P | P | P | P | P | P | P | P | P | P | ||
Home Occupation-Day Care/Preschool | C | C | C | C | C | C | C | C | C | C | C | C | C | |||
Hospital | C | C | C | C | C | |||||||||||
Medical and Dental Clinic Accessory to a Hospital and Located on the Same Premises | C | C | C | C | ||||||||||||
Mine, Quarry, Gravel Pit, Rock Crusher | C | |||||||||||||||
Mobile Home Parks | ||||||||||||||||
Mobile Home Subdivision | ||||||||||||||||
Nursery/Greenhouse (wholesale and retail) | C | C | C | C | ||||||||||||
Open Space Areas, Trails | P | P | P | P | P | P | P | P | P | P | P | P | P | P | ||
Park and Ride Facilities Located on Arterial Streets | C | C | C | C | C | C | C | C | C | C | C | C | C | C | ||
Private and Public Schools | C | C | C | C | C | C | C | C | C | C | C | C | C | C | ||
Private Parks | C | C | C | C | C | C | C | C | C | C | C | C | C | C | ||
Residential Support Facility and Programs | P | P | P | P | P | P | P | P | P | P | P | P | P | |||
Private Recreational Facilities | C | C | C | C | C | C | C | C | C | C | C | C | C | |||
Professional Offices | C | C | C | C | ||||||||||||
Public Buildings, Facilities and Parks | C | C | C | C | C | C | C | C | C | C | C | C | C | C | ||
Public and Private Utility Transmission Lines and Facilities | C | C | C | C | C | C | C | C | C | C | C | C | C | C | ||
Residential Facilities for Persons with a Disability | P | P | P | P | P | P | P | P | P | P | P | P | P | P | ||
Residential Facilities for Elderly Persons | P | C | C | C | C | C | C | C | C | C | C | C | C | C | ||
Residential Support Facility and Programs | P*1 | P*1 | P*1 | P*1 | P*1 | P*1 | P*1 | P*1 | P*1 | P*1 | P*1 | P*1 | P*1 | P*1 | ||
Residential Treatment Facilities and Program | C | C | C | C | ||||||||||||
Retirement Center | C | C | C | C | C | C | C | C | ||||||||
Sports Fields | C | C | C | C | C | C | C | C | C | C | C | C | C | C | ||
Temporary Concessions Located in Public Parks | P | P | P | P | C | P | P | P | P | P | P | P | P | P | ||
Temporary Construction Buildings and Storage | P | P | P | P | P | P | P | P | P | P | P | P | P | P | ||
Temporary Sales Office | P | P | P | P | P | P | P | P | P | P | P | P | P | P | ||
Temporary Seasonal Use | P | P | P | |||||||||||||
Vacation Resort/Vacation Ranch | C | C |
*1 Permitted Use with Conditions
**2 Home Office with No Customers Only
(Ord. 2022-22, 07-06-2022) (Ord. 2020-37, 10-07-2020) (Ord. 2019-13, 08-21-2019) (Ord. 2019-08, 03-20-2019)
Residential Zoning Districts | ||||||||||
Multi-Family | Medium Density | Low Density | ||||||||
MR-20 | MR-16 | MR-12 | MR-8 | R1-7 | R1-8 | R1-10 | R1-12 | R1-14 | R1-30 | |
Zones Being Replaced by Inclusion | HDR, RM-16 (and proposed RM12) | MDR, R2-8 (and proposed RM-10, RM-8) | R1-7 | R1-8, R1-9 (and proposed RM-4) | R1-10 (and proposed RM-4) | R1-12 | R1-14 | RA1-30 | ||
Single Family Dwelling/Minimum Lot Size (square feet) | Not Permitted | Not Permitted | Not Permitted | Not Permitted | P/7,000 | P/8,000 | P/10,000 | P/12,000 | P/14,000 | P/30,000 |
Two-Family Dwelling/Minimum Lot Size (square feet) | Not Permitted | P/10,000 | P/11,000 | P/12,000 | P/14,000 | C/16,000 | ||||
Multi-Family Dwelling | P Maximum 20 Units Per Acre |
P Maximum 163 Units Per Acre2 |
P Maximum 123 Units Per Acre2 |
P Maximum 8 Units Per Acre |
||||||
Multi-Family Dwelling Minimum Lot Size | No Minimum4 | No Minimum4 | No Minimum4 | No Minimum4 | ||||||
Maximum Dwelling Units Per Acre for PUD | 20.0 | 16.0 | 12.0 | 8.0 | 5.0 | 4.0 | 3.5 | 3.0 | 2.5 | 1.2 |
Other Allowed Uses (Minimum Square Feet Required) | 8,000 | 8,000 | 8,000 | 8,000 | 10,000 | 10,000 | 12,000 | 12,000 | 14,000 | 30,000 |
Residential Zoning Districts | ||||||||||
Rural Density | Multiple Use | |||||||||
RR-1 | RR-5 | RR-20 | MU-160 | |||||||
Zones Being Replaced by Inclusion | RR-1 | RR-5 | RR-20 | MU-160 | ||||||
Single Family Dwelling/Minimum Lot Size (sq. ft.) | P/1 acre |
P/5 acres | P/20 acres |
P/160 acres |
||||||
Two-Family Dwelling/Minimum Lot Size (square feet) | Not Permitted |
Not Permitted |
Not Permitted | Not Permitted |
||||||
Multi-Family Dwelling | Not Permitted | Not Permitted | Not Permitted | Not Permitted |
||||||
Multi-Family Dwelling Minimum Lot Size | ||||||||||
Maximum Dwelling Units Per Acre for PUD | 1.0 | 0.2 |
0.05 |
0.0063 |
||||||
Other Allowed Uses (Minimum Square Feet Required) | 43,560 | 5 acres |
20 acres | 160 acres |
(Ord. 2022-22, 07-06-2022)
1 Repealed. (Ord. 2019-08, 03-20-2019) (Ord. 2018-13, 08-15-2018)
2 Multi-family residential projects in the MU-B zoning district proposed as a redevelopment of a registered historical building shall have no maximum density requirement
as a permitted use subject to Note 1 of Table 4 of this Chapter. (Ord. 2018-13, 08-15-2018)
3 Multi-family residential projects in the MU-B zoning district shall be a maximum of 25 dwelling units per acre. (Ord. 2018-13, 08-15-2018)
4 See Table 4 of Chapter 7-14
(Ord. 2019-08, 03-20-2019)
Residential Zoning District
|
||||||||||||||
MR-20
|
MR-16
|
MR-12
|
MR-8
|
R1-7
|
R1-8
|
R1-10
|
R1-12
|
R1-14
|
R1-30
|
RR-1
|
RR-5
|
RR-20
|
MU-160
|
|
Minimum Lot Width (At Front Property
Line) |
35
|
35
|
35
|
35
|
35
|
35
|
35
|
35
|
35
|
35
|
100
|
200
|
250
|
1320
|
Minimum Lot Width (Interior Lots at Front Setback, Single-Family)
|
60
|
75
|
85
|
85
|
90
|
100
|
100
|
200
|
250
|
1320
|
||||
Minimum Lot Width3 (Corner Lots at Front Setback on Each Frontage, Single-Family
|
80
|
90
|
100
|
110
|
120
|
120
|
120
|
200
|
250
|
1320
|
||||
Minimum Lot Width (At Front Setback, Two-Family)
|
60
|
60
|
60
|
60
|
60
|
75
|
85
|
85
|
90
|
100
|
100
|
200
|
250
|
1320
|
Minimum Lot Width (At Front Setback, All Other Residential Uses)
|
70
|
70
|
75
|
75
|
60
|
75
|
85
|
85
|
90
|
100
|
100
|
200
|
250
|
1320
|
Minimum Lot Width (At Front Setback, All Other Uses)
|
80
|
80
|
80
|
80
|
80
|
80
|
100
|
100
|
100
|
100
|
100
|
200
|
250
|
1320
|
Minimum Front Yard Setback
|
25 ft.2
|
25 ft.2
|
25 ft.2
|
25 ft.2
|
20
|
20
|
25
|
25
|
25
|
30
|
30
|
30
|
30
|
30
|
Minimum Rear Yard Setback (Interior Lot)
|
20 ft.2
|
25 ft.2
|
25 ft.2
|
25 ft.2
|
20
|
20
|
25 ft.1
|
25 ft.1
|
30 ft.1
|
30
|
30
|
60
|
60
|
60
|
Minimum Rear Yard Setback (Corner Lot)
|
20 ft.2
|
20
|
20
|
20
|
20
|
20
|
30 ft.2
|
30
|
30
|
30
|
30
|
60
|
60
|
60
|
Minimum Side Yard Setback (Interior Lot)
|
10 ft.2
|
6 ft.2
|
6 ft.2
|
6 ft.2
|
6
|
8
|
10
|
10
|
10
|
12
|
20
|
20
|
60
|
60
|
Minimum Side Yard Setback (Corner Lot)
|
15 ft.2
|
15 ft.2
|
15 ft.2
|
15 ft.2
|
20
|
20
|
20
|
20
|
20
|
20
|
30
|
60
|
60
|
60
|
Maximum/Minimum Building Height4
|
45 ft./1 story
|
35 ft./1story
|
35 ft./1 story
|
35 ft./1 story
|
35 ft./1 story
|
35 ft./1 story
|
35 ft./1 story
|
35 ft./1 story
|
35 ft./1 story
|
35 ft./1 story
|
35 ft./1 story
|
35 ft./1 story
|
35 ft./1story
|
35 ft./1 story
|
Total Lot Coverage (All Buildings)
|
40%
|
40%
|
40%
|
40%
|
35%
|
35%
|
35%
|
35%
|
35%
|
25%
|
20%
|
10%
|
10%
|
10%
|
(Ord. 2022-22, 07-06-2022) (Ord. 2020-45, 11-18-2020)
1 The minimum rear yard setback may be reduced by up to 25% for not more than 20% of the width of the rear yard, measured at the rear yard property line.
(Ord. 2021-05, 02-17-2021)
5All uncovered porches, walk out basement stairwells, decks, and balconies may extend or encroach into the rear yard setback, subject to adopted uniform codes.
(Ord. 2024-14, 05-15-2024)
Zoning District | ONE STORY (includes Split Level and Split Entry) |
TWO STORY (Total Both Levels) | |||||||
With Single Covered Parking | With Single Garage | With Double + Garage | With Single Covered Parking | With Single Garage | With Double + Garage | ||||
1 bedroom units2 | 2+ bedroom units | 1 bedroom units2 | 2+ bedroom units | 1 bedroom units2 | 2+ bedroom units | ||||
MR-203 | 700 | 850 | 700 | 800 | 700 | 800 | 1000 | 1000 | 1000 |
MR-163 | 700 | 8501 | 700 | 8001 | 700 | 8001 | 1250 | 1165 | 1100 |
MR-123 | 700 | 850 | 700 | 800 | 700 | 800 | 1300 | 1200 | 1100 |
MR-83 | 700 | 850 | 700 | 800 | 700 | 800 | 1350 | 1250 | 1125 |
R1-7 | Not Permitted | Not Permitted | 800 | Not Permitted | Not Permitted | 1125 | |||
R1-8 | Not Permitted | Not Permitted | 800 | Not Permitted | Not Permitted | 1250 | |||
R1-10 | Not Permitted | Not Permitted | 1300 | Not Permitted | Not Permitted | 1625 | |||
R1-12 | Not Permitted | Not Permitted | 1350 | Not Permitted | Not Permitted | 1685 | |||
R1-14 | Not Permitted | Not Permitted | 1350 | Not Permitted | Not Permitted | 1685 | |||
R1-30 | Not Permitted | Not Permitted | 1350 | Not Permitted | Not Permitted | 1685 | |||
RR-1 | Not Permitted | Not Permitted | 1350 | Not Permitted | Not Permitted | 1685 | |||
RR-5 | Not Permitted | Not Permitted | 1350 | Not Permitted | Not Permitted | 1685 | |||
RR-20 | Not Permitted | Not Permitted | 1350 | Not Permitted | Not Permitted | 1685 | |||
MU-160 | Not Permitted | Not Permitted | 1350 | Not Permitted | Not Permitted | 1685 |
(Ord. 2022-22, 07-06-2022)
1 The minimum dwelling unit size for a multi-family residential project proposed as a redevelopment of a registered historical building shall be 400 square feet when approved by the Planning Commission through design review in compliance with Title 7 Chapter 11 of the Tooele City Code.
(Ord. 2020-39, 09-16-2020) (Ord. 2019-08, 03-20-2019) (Ord. 2018-13, 08-15-2018) (Ord. 2008-10, 07-02-2008) (Ord. 1999-07, 04-06-1999) (Ord. 2020-20, 05-06-2020)
2 See Section 7-14-5.
(Ord. 2020-39, 09-016-2020)
3 For Multi-Family Dwelling Units Directly Associated with Residential Support Programs See Section 7-11a-2.
(Ord. 2021-35, 09-15-2021)
Development Standard | Geographic Area A | Geographic Area B | Nonconforming Lot/Parcel |
Minimum Front Yard Setback | May reduce to 65% of underlying zoning district | May reduce to 80% of underlying zoning district | May reduce to 90% of underlying zoning district, or to historic foundation line, whichever is less |
Minimum Lot Width at Front Setback (all residential uses in residential zones) | May reduce to 80% of underlying zoning district | May reduce to 80% of underlying zoning district | Per underlying zoning district |
Minimum Garage Setback | 25 feet | 25 feet | 25 feet |
Minimum Rear Yard Setback (interior lot) | May reduce to 65% of underlying zoning district | May reduce to 80% of underlying zoning district | May reduce to 90% of underlying zoning district, or to historic foundation line, whichever is less |
Minimum Rear Yard Setback (corner lot) | May reduce to 65% of underlying zoning district | May reduce to 80% of underlying zoning district | May reduce to 90% of underlying zoning district, or to historic foundation line, whichever is less |
Minimum Side Yard Setback (interior lot) | May reduce to 65% of underlying zoning district, or to 5 feet, whichever is greater | May reduce to 80% of underlying zoning district, or to 5 feet, whichever is greater | May reduce to 90% of underlying zoning district, or to 5 feet, whichever is greater, or to historic foundation line |
Minimum Side Yard Setback (corner lot) | May reduce to 65% of underlying zoning district, or to 5 feet, whichever is greater | May reduce to 80% of underlying zoning district, or to 5 feet, whichever is greater | May reduce to 90% of underlying zoning district, or to 5 feet, whichever is greater, or to historic foundation line |
Total Lot Coverage (all buildings) | May increase to 135% of underlying zoning district | May increase to 120% of underlying zoning district | May increase to 110% of underlying zoning district |
Lot Size | May reduce 80% of underlying zoning district. | May reduce 80% of underlying zoning district. | May reduce 80% of underlying zoning district. |
Roadway Improvements Required | As required by Tooele City Code | As required by Tooele City Code | As required by Tooele City Code |
Water Rights (payment of fee in lieu of conveyance-for single-lot developments only) | Pay 50% of the fee-in-lieu established by the City | Pay 75% of the fee-in-lieu established by the City | Pay 100% of the fee-in-lieu established by the City |
(Ord. 2023-42, 10-18-2023) (Ord. 2020-38, 10-07-2020) (Ord. 2019-24, 10-02-2019) (Ord. 2019-08, 03-2019) (Ord. 2015-25, 12-16-2020)
(Ord. 2019-13, 08-21-2019)
(Ord. 2019-13, 08-21-2019)
(Ord. 2019-13, 08-21-2019)
(Ord. 2019-13, 08-21-2019)
(2) ADUs shall be permitted uses in the Mixed Use-Broadway (MU-B), Mixed Use-General (MU-G), and Neighborhood Commercial (NC) zoning districts.
(3) ADUs shall be prohibited in the multi-family (MR) zoning districts.
(4) Internal and attached ADUs shall be conditional uses in the General Commercial (GC) and Regional Commercial (RC) zoning districts. Detached ADUs shall be prohibited in those districts.
(5) An Accessory Dwelling Unit for Caretaker shall be a conditional use in all the mixed use, commercial, and industrial zoning districts.
(6) All ADUs shall be subject to the regulations of this Chapter and Title.
(Ord. 2019-13, 08-21-2019)
(Ord. 2019-13, 08-21-2019)
(Ord. 2019-13, 08-21-2019)
(Ord. 2019-13, 08-21-2019)
(Ord. 2019-13, 08-21-2019)
(1) 8,500 square feet for a detached ADU;
(Ord. 2021-08, 05-05-2021) (Ord. 2019-13, 08-21-2019)
(2) Attached ADUs shall be no smaller than 400 square-feet, no larger than 800 square feet on one story, and no larger than 1,200 square feet.
(3) Detached ADUs shall be no smaller than 800 square-feet and no larger than 1,200 square feet.
(4) An ADU may have no more than two bedrooms.
(Ord. 2019-13, 08-21-2019)
(Ord. 2019-13, 08-21-2019)
(Ord. 2019-13, 08-21-2019)
(Ord. 2019-13, 08-21-2019)
(Ord. 2019-13, 08-21-2019)
(2) ADUs are required to share utility meters, accounts, and water and sewer laterals with the primary dwelling.
(Ord. 2019-13, 08-21-2019)
(Ord. 2019-13, 08-21-2019)
(Ord. 2019-13, 08-21-2019)
(2) If a lot on which an ADU sits is subdivided, the ADU must remain on the lot containing the primary dwelling with which the ADU was associated upon its construction.
(3) An ADU shall not be considered or become the primary dwelling on any lot.
(Ord. 2019-13, 08-21-2019)
(Ord. 2019-13, 08-21-2019)
(Ord. 2019-13, 08-21-2019)
(2) An internal ADU shall provide one additional on-site parking stall per ADU.
(3) No ADU parking spaces may be located within the front or side yard setbacks adjacent to a street except for within an approved driveway. See Figure 1.
(Ord. 2021-08, 05-05-2021) (Ord. 2019-13, 08-21-2019)
(Ord. 2019-13, 08-21-2019)
(Ord. 2019-13, 08-21-2019)
(b) Sanitary sewer: 50% of the single-family sanitary sewer impact fee.
(c) Public safety: 50% of the single-family public safety impact fee.
(d) Parks and recreation: 50% of the single- family parks and recreation impact fee.
(Ord. 2019-13, 08-21-2019)
(Ord. 2019-13, 08-21-2019)
(Ord. 2019-13, 08-21-2019)
(2) Unless otherwise required by applicable building and fire codes, an internal ADU shall not be required to construct one-hour fire rated separations between the area of the primary dwelling used by the primary dwelling occupants and the ADU portion of the primary dwelling.
(3) ADUs must comply with all uniform building codes applicable to dwellings.
(4) ADUs shall be constructed on site-built permanent foundations, which may include slabs-on-grade.
(5) All running gear, tongues, axles, wheels, and similar or related appurtenances must be removed at the time of ADU installation.
(Ord. 2019-13, 08-21-2019)
(Ord. 2019-13, 08-21-2019)
(Ord. 2019-13, 08-21-2019)
(Ord. 2019-13, 08-21-2019)
(Ord. 2019-13, 08-21-2019)
(Ord. 2019-13, 08-21-2019)
(2) Notice of the violation and associated civil penalties shall be delivered by first-class regular U.S. mail to both:
(B) to the street address.
(3) A violation of this Chapter shall be punishable by a civil penalty of $100 per occurrence. Following a cure period of 30 days from the date of the notice of violation, every week the violation continues shall be considered an additional occurrence of the same violation and shall result in the imposition of an additional $100 civil penalty per week of the continuing violation.
(Ord. 2019-13, 08-21-2019)
(2) Administrative appeals of Zoning Administrator interpretations and decision, notices of violation, and the imposition of civil penalties shall be made pursuant to Chapters 1-27 and 1-28.
(Ord. 2019-13, 08-21-2019)
(Ord. 2021-27, 07-21-2021)
(Ord. 2021-27, 07-21-2021)
(2) Size. The minimum size for any application for a Residential Special District shall be 20 acres. All acreage identified for inclusion in an RSD shall be contiguous and developable. Land identified as having any of the following conditions may be included within an RSD but shall not be included in the calculation of minimum acreage for RSD eligibility:
(b) environmentally sensitive conditions, such as but not limited to drainage channels, lakes, or ponds;
(c) preservation designations, such as conservation easements;
(d) publicly owned lands; or,
(e) properties previously approved for development under a land use application or building
(3) Eligibility. Any application for a Residential Special District that does not fully comply with the requirements of this section shall be considered ineligible for consideration as an RSD and denied.
(Ord. 2021-27, 07-21-2021)
(2) The geographic boundaries of the RSD;
(3) The purpose and intent of the RSD including a written description of the RSD proposal with the expected outcome and benefit the RSD will provide to the community;
(4) Identification of all permitted, conditional, and not permitted uses and use types, as defined within this Title;
(5) Development standards for all identified allowable uses, which may be the same or differ by area or use type, including at least:
(a) Maximum density allowances for:
(ii) each different use type and area within the RSD;
(c) Minimum and/or Maximum Unit Sizes;
(d) Minimum Lot Frontage;
(e) Minimum Lot Width, Interior & Corner Lots;
(f) Minimum Front Setbacks;
(g) Minimum Side Setbacks, Interior & Corner Street Side;
(h) Minimum Rear Setbacks;
(i) Minimum and Maximum Building Heights;
(j) Maximum Lot Coverage;
(k) Landscaping;
(l) Fencing;
(m) Parks, Recreational Features & Open Spaces;
(n) Lighting; and,
(o) Parking;
(6) Architectural Unit Design Standards, which may be identified to simply comply with existing City Code requirements or proposed as different standards and features identified within the RSD;
(7) Amenities and features including but not limited to:
(a) Private amenities within the proposed RSD for the benefit of the RSD residents;
(b) Public amenities within the proposed RSD for the benefit of the entire community;
(c) Relationship and connections to existing & proposed public amenities (parks, trails, open spaces, etc.); and,
(d) Environmentally sensitive features and preservation areas;
(8) Methods by which the RSD will integrate with or separate from neighboring uses and developments;
(9) Transportation elements including:
(a) Identification of public and private roadways within the RSD area (location, layout, classifications of roadways);
(b) Roadway design standards (cross sections) for each identified classification of private roadway; and
(c) Pedestrian paths, accesses, and connections with design (layout, cross sections, purpose, etc.);
(10) Signage, including development signage and signage for individual or groups of uses within the proposed RSD;
(11) Codes, Covenants & Restrictions (CC&Rs), as applicable, including:
(a) Provisions establishing and governing a Homeowners Association (HOA); and(b) Maintenance of amenities and facilities by the HOA;
(a) Detention and retention areas, including conceptual design layout, features of basins, etc.; and
(b) Drainage channels;
(13) Graphic illustrations, as needed;
(14) Conceptual and layout mapping for the proposed RSD including:
(a) Properties included;
(b) Description of boundaries (not necessarily legal description);
(c) Identified existing natural and developed features;
(d) Conceptual development plans;
(ii) Acreage of each use type, area, etc.;
(iii) Proposed number of units of each use type, area, etc.;
(iv) Public and private streets;
(v) Public dedications;
(vi) Private properties, uses, and features; and
(vii) Identification of unbuildable or preservation areas; and,
(15) The manner in which all other aspects of development within the boundaries of the RSD not otherwise addressed by the RSD will be handled (i.e. all other aspects of development not otherwise addressed by the RSD shall default to the base tenets of Title 7 of the Tooele City Code).
(Ord. 2021-27, 07-21-2021)
(2) Findings Required. The approval or denial of an application for a Residential Special District shall be based on at least the following findings:
(Ord. 2021-27, 07-21-2021)
(Ord. 2021-27, 07-21-2021)
(Ord. 2021-27, 07-21-2021)
The City intends this Chapter to be interpreted and applied in a manner that is consistent with the Utah Fair Housing Act (UCA Chapter 57-21), the Federal Fair Housing Amendments Act of 1988 (42 USC Section 3601 et seq.), Title II of the Americans With Disabilities Act, and the Rehabilitation Act.
(2022-40, 12-21-2022) (Ord. 2012-17, 09-05-2012)
If any dwelling meets the definition of a residential facility for disabled persons as defined in Section 7-1-5 of this Title, the requirements of this Chapter shall govern, notwithstanding any conflicting provision of this Title or this Code. Except as provided herein, the requirements of this Chapter shall not be construed to prohibit or limit other applicable provisions of this Title, this Code, or other laws.
(2022-40, 12-21-2022) (Ord. 2012-17, 09-05-2012)
(1) Notwithstanding any contrary provision of this Title, a residential facility for persons with a disability shall be a permitted use in any zoning district where a dwelling is allowed either as a permitted or conditional use, subject to the same development regulations as applied to dwellings.
(2) A residential facility for persons with a disability may not be allowed by variance, prior accommodation, legal nonconforming building, or legal nonconforming use.
(3) Each facility located in a single-family zoning district (R1-7 through RR-5) shall comply with the single-family design standards contained in Chapter 7-11b of this Title.
(4) Each facility located in a multi-family zoning district (MR-20, MR-16, MR-12, and MR-8) shall comply with the multi-family design standards contained in Chapter 7-11a of this Title.
(5) The minimum number of parking spaces required for a facility shall be as required in Chapter 7-4 of this Title.
(6) No more than four persons may be housed in a single bedroom.
(7) A minimum of 60 square-feet per resident shall be provided in a multiple-occupant bedroom. A minimum of 100 square-feet per resident shall be provided in a single-occupant bedroom.
(8) Bathrooms shall have a minimum ratio of one toilet, one lavatory, and one tub or shower to each six residents.
(9) The facility must be a structure type that is permitted in the zoning district in which the facility is proposed to be located.
(Ord. 2022-40, 12-21-2022) (Ord. 2022-22, 07-06-2022) (Ord. 2019-12, 05-15-2019) (Ord. 2019-08, 03-20-2019) (Ord. 2012-17, 09-05-2012)
(1) None of the requirements of this Chapter shall be interpreted to limit any reasonable accommodation to afford a disabled person an equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, Title II of the Americans With Disabilities Act, the Utah Fair Housing Act, the Rehabilitation Act, and any other Federal or State law requiring a reasonable accommodation for a disabled person.
(2) Any person or entity wanting a reasonable accommodation shall submit a written application to the Director of the Community Development Department, which shall include at least the following:
a. The address of the property to which the accommodation will be applied;
b. The accommodation requested, including the regulations, policies, or procedures from which an accommodation is sought;
c. An explanation of why the accommodation is reasonable and necessary to afford a disabled person an equal opportunity to use and enjoy a dwelling; and,
d. All information necessary and sufficient for the findings required in subsection (4) of this Section.
(3) The Director shall evaluate all reasonable accommodation requests based on the criteria required of an applicant by subsection (4) of this Section.
(4) Within 30 days after receipt of a complete application, the Director shall issue a written decision on the requested reasonable accommodation. The Director may either grant, grant with modifications, or deny a request for reasonable accommodation under the following factors:
a. Whether the dwelling, which is the subject of the request for reasonable accommodation, will be used by a disabled person;
b. Whether the requested accommodation is necessary to afford disabled persons equal opportunity to use and enjoy a dwelling when compared to similarly situated persons or groups without a disability;
c. Whether the requested accommodation would impose an undue financial or administrative burden on the City;
d. Whether the requested accommodation would require a fundamental alteration in the nature of the City’s planned land use, zoning, or building programs;
e. Whether the requested accommodation is reasonable under the circumstances;
f. Whether the request for accommodation would cause a dwelling to be made available to an individual whose tenancy is anticipated to cause a direct threat to the health or safety of other individuals or whose tenancy is anticipated to cause substantial physical damage to the property of others; and,
g. Any other relevant considerations under Federal, State, or Tooele City laws.
(5) If the Director denies a reasonable accommodation request, or grants the request with modifications, the decision may be appealed by the accommodation applicant to the Administrative Hearing Officer in the manner provided for appeals of administrative decisions in Chapter 1-28 of this Code. The review of all such appeals, including any appeals from the Administrative Hearing Officer to the District Court, shall be based upon the record presented to the Director, and shall not be de novo.
(6) A reasonable accommodation shall not be deemed a variance and shall not run with the land.
(7) If the Director does not render a written decision on the request for reasonable accommodation within the 30-day time period allotted by this Section, the request shall be deemed denied based upon the insufficiency of the applicant’s information to satisfy the criteria of this Section.
(8) While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.
(9) It is the applicant’s burden to demonstrate that the accommodation is necessary and reasonable under the standards and definitions set forth in Federal and State law, including Federal and State case law.
(Ord. 2022-40, 12-21-2022) (Ord. 2019-08, 03-20-2019) (Ord. 2012-17, 09-05-2012)
(1) The purpose of the Director’s review is to assure that all reasonable accommodation requests comply with this Title, and that all decisions on reasonable accommodation requests are reviewed and handled in compliance with this Title, the Fair Housing Amendments Act of 1988, Title II of the Americans With Disabilities Act, the Utah Fair Housing Act, the Rehabilitation Act, and any other Federal, State, and Tooele City laws requiring a reasonable accommodation for a disabled person.
(2) The Director may consult with and obtain the services of Tooele City personnel and outside professionals or technical experts to help evaluate any and all requests for accommodation.
(Ord. 2019-08, 03-20-2019) (Ord. 2012-17, 09-05-2012)
(1) Prior to the City issuing a certificate of occupancy for a facility, and prior to actual occupancy of a facility, the person or entity licensed or certified by the State of Utah to establish and operate the facility shall:
(a) provide a copy of the required State of Utah licenses and/or certificates for the facility and for any State-regulated programs provided at the facility; and,
(b) certify by affidavit to the City that no person will reside or remain in the facility whose tenancy likely would constitute a direct threat to the health or safety of others or would result in substantial physical damage to the property of others.
(2) For purposes of this Chapter, State of Utah licenses and certificates for facilities and programs are applicant-specific, facility-specific, and program-specific, and shall not be transferrable to any other owner, operator, facility, or program.
(2022-40, 12-21-2022) (Ord. 2012-17, 09-05-2012)
The City may revoke the occupancy permit of any facility upon the occurrence of any of the following:
(1) the facility is devoted primarily to a use other than a residential facility for persons with a disability;
(2) any license or certificate required and issued by the State of Utah for the facility or a program provided at the facility terminates for any reason (including expiration, revocation, suspension for five years or more, denial of renewal);
(3) the facility fails to comply with all of the requirements of this Chapter; or,
(4) the facility allows a person to reside or remain in the facility whose tenancy constitutes or has constituted a direct threat to the health or safety of others or has resulted in substantial physical damage to the property of others.
(2022-40, 12-21-2022) (Ord. 2012-17, 09-05-2012)
(1) The following shall constitute a violation of this Chapter:
(a) continued occupation of a facility upon the revocation of the occupancy permit;
(b) continued occupation of a facility upon the termination of the State of Utah license or certificate for the facility;
(c) continued providing of a program upon the termination of the State of Utah license or certificate for that program;
(d) noncompliance with any provision of Title 4 or Title 7 of this Code applicable to the facility;
(e) allowing a person to reside or remain in the facility whose tenancy constitutes or has constituted a direct threat to the health or safety of others or has resulted in substantial physical damage to the property of others; and,
(f) allowing the facility to be devoted to a use other than a residential facility for persons with a disability.
(2) Civil. Unless otherwise provided, a violation of this Chapter is a civil infraction, punishable as follows:
(b) second violation: $500 fine;
(c) third and subsequent violations: $1,000 fine.
(3) Criminal. In addition to the civil penalties provided in this Section, a violation of this Chapter may be charged and prosecuted as a class C misdemeanor.
(Ord. 2024-23, 08-21-2024)
(2) A person desiring to appeal a civil citation shall file the appropriate application, obtained from the Tooele City Community Development Department, with the Department Director. Any applicable fee shall be paid to the Tooele City Finance Department at the time of filing. The Director shall review the application for completeness and fee payment and forward it to the City Recorder, who shall set a hearing with the administrative hearing officer. The City Recorder shall notify the applicant of the date and time of the hearing.
(3) The powers and duties of the administrative hearing officer and the standards of review to be followed in deciding appeals are identified in Tooele City Code Chapter 1-28.
(Ord. 2024-23, 08-21-2024) (2022-40, 12-21-2022) (Ord. 2019-08, 03-20-2019) (Ord. 2012-17, 09-05-2012)
(Ord. 2012-17, 09-05-2012)
(2) A facility housing more than eight residents shall be a conditional use in any residential zoning district.
(3) Each facility shall comply with the following requirements.
(Ord. 2019-08, 03-20-2019) (Ord. 2012-17, 09-05-2012)
(2) Civil. Unless otherwise provided, a violation of this Chapter is a civil infraction, punishable as follows:
(a) first violation: $100 fine;
(b) second violation: $500 fine;
(c) third and subsequent violations: $1,000 fine.
(3) Criminal. In addition to the civil penalties provided in this Section, a violation of this Chapter may be charged and prosecuted as a class C misdemeanor.
(Ord. 2024-23, 08-21-2024)
this Chapter.
(2) A person desiring to appeal a civil citation shall file the appropriate application, obtained from the Tooele City Community Development Department, with the Department Director. Any applicable fee shall be paid to
the Tooele City Finance Department at the time of filing. The Director shall review the application for completeness and fee payment and forward it to the City Recorder, who shall set a hearing with the administrative hearing officer. The City Recorder shall notify the applicant of the date and time of the hearing.
(3) The powers and duties of the administrative hearing officer and the standards of review to be followed
in deciding appeals are identified in Tooele City Code Chapter 1-28.
(Ord. 2024-23, 08-21-2024) (Ord. 2012-17, 09-05-2012)
(Ord. 2024-23, 08-21-2024) (Ord. 2012-17, 09-05-2012)
(2) The decision of the Zoning Administrator may be appealed to the Administrative Hearing Officer by filing with the Community Development Department a written appeal within ten days of the date of denial. The Administrative Hearing Officer shall schedule and conduct an informal hearing, shall notify the appellant and the Zoning Administrator of the date and time of the hearing, and shall issue a written decision within 15 days of the hearing. The decision shall be mailed by first-class mail to the appellant.
(3) The revocation of an occupancy permit pursuant to this Chapter may be appealed to the Administrative Hearing Officer by filing with the Community Development Department a written appeal within ten days of the date of the revocation notice. The Administrative Hearing Officer shall schedule and conduct an informal hearing, shall notify the appellant and the Director of the Community Development Department of the date and time of the hearing, and shall issue a written decision within 15 days of the hearing. The decision shall be mailed by first-class mail to the appellant.
(Ord. 2024-23, 08-21-2024) (Ord. 2019-08, 03-20-2019) (Ord. 2012-17, 09-05-2012)
(b) Mixed Use – Broadway District (MU-B)
(c) Neighborhood Commercial District (NC)
(d) General Commercial District (GC)
(e) Regional Commercial District (RC)
(f) Light Industrial District (LI)
(g) Industrial Service District (IS)
(h) Industrial District (I)
(i) Research and Development District (RD)
(b) Gateway Overlay District (GO)
(c) Commercial Special District (CSD)
(3) The Commercial Districts of Tooele City are intended to reflect the diversity of the City’s commercial areas and to provide a wide range of commercial services for Tooele City and surrounding areas. Each Zoning District is distinguished by the uses and intensity of development allowed. The Mixed Use District (MU) and Neighborhood Commercial District (NC) encourage a mix of residential and commercial uses that are supportive of adjoining residential areas. The Industrial Districts of Tooele City are provided to encourage economic diversity and vitality for the City and provide a range of employment opportunities for City residents, and residents of surrounding areas.
(Ord. 2021-27, 07-21-2021) (Ord. 2020-42, 10-07-2020) (Ord. 1998-40, 12-16-1998)
(1) Mixed Use (MU -B and MU-G )Districts. The purpose of the Mixed Use Districts is to provide and area for an appropriate mix of compatible residential, limited commercial and compatible business and professional offices. A goal of this district is to preserve existing residential buildings and structures while allowing some opportunities for their use for limited commercial and business activity. This district also encourages the establishment of residential and limited nonresidential uses within the same structure or located on the same lot.
(2) Neighborhood Commercial (NC) District. The Neighborhood Commercial District (NC) is designed and intended for small areas for limited commercial uses providing goods and services to residents in the surrounding neighborhood area. The District encourages the provision of small-scale retail and service uses for nearby residents. Uses are restricted in type and size to promote a local orientation and to limit possible adverse impacts on nearby residential areas. The Neighborhood Commercial District is to be located in areas of the City so as to facilitate pedestrian access and to encourage the continued viability of the uses allowed in the District. The location and design of all buildings and accessory activities and uses should respect the neighborhood and residential activities that adjoin this District and all activities should be conducted in a manner that adds to neighborhood amenity and the residential setting.
(3) General Commercial (GC) District. The General Commercial (GC) District is intended and provided to encourage the establishment of a wide variety of retail commercial uses, service commercial activities, entertainment and other services and activities meeting the needs of the residents of the City. The General Commercial District (GC) allows and encourages that retail and service businesses and related uses be grouped together into commercial centers. The uses and activities allowed in this District should enhance employment opportunities, provide for commercial activities and services required by residents of the city and surrounding areas, encourage the efficient use of land, enhance property values and add to the overall strength of the city’s tax base.
(4) Regional Commercial District (RC). The Regional Commercial District is established to provide for large scale commercial and other uses that have a regional influence and that may be areas of high traffic generation, because of the nature of the use, the diversity of uses, or the size of the activity. The Regional Commercial (RC) District is designed to provide areas for intensive retail commercial uses, such as retail shopping centers, large retail outlets, large office buildings, entertainment uses, public uses and quasi-public uses and related activities. This District shall be located so as to be able to provide the services and infrastructure available to meet the demands of intensive commercial uses. This District will be located in proximity to major roads and transportation corridors to facilitate access by the private automobile and public transportation. This District encourages creative site planning and design for activities and uses that will provide commercial and other services to residents of the Tooele Valley and adjoining areas. All buildings and structures within this District will be attractively designed and incorporate a design theme through architectural design elements. These areas should also provide amenities for the use of city residents and patrons including open space and trail features, mass transit terminals and other amenities.
(5) Light Industrial (LI) District. The purpose of the Light Industrial (LI) District is to provide locations for light industrial assembly and manufacturing uses that produce no appreciable negative impact to adjacent properties. This District encourages clean, light industrial and manufacturing uses which provide employment opportunities for city residents, strengthen the city’s tax base and diversify the local economy.
(6) Industrial Service (IS) District. The purpose of the Industrial Service (IS) District is to provide locations for more intensive service type uses for the benefit of the community and regional area. Despite the more intensive nature, this District still encourages clean uses which provide employment opportunities for city residents, strengthen the city’s tax base, and diversify the local economy.
(7) Industrial (I) District. The Industrial (I) District is formulated to recognize existing industrial sites and uses within the city and to allow for the establishment of additional industrial uses which add to employment opportunities and economic diversity within the city.
(8) Research and Development (RD) District. The Research and Development (RD) District is intended to combine certain elements of the General Commercial and Light Industrial zoning districts while excluding other elements. The intent of the RD zone is to allow for a professional business park within the City where businesses may locate in an environment that allows a mix of certain small commercial and light industrial uses. It is not intended for large commercial or industrial uses or for intensive retail or manufacturing activities.
(9) Downtown Overlay (DO) District. The Tooele City Downtown Overlay District (DO) is formulated to encourage and provide opportunities for various retail, service and other uses within the existing Main Street “downtown” area of the City. This area is generally characterized and recognized by two story buildings constructed to the front property line. It is the goal of the Downtown Overlay to recognize the existing development pattern of the area and allow for the strengthening of the character, vitality and amenities of the Downtown area through specific downtown site planning and building standards and requirements. The Downtown Overlay District (DO) allows and requires the establishment of uses that work to reinforce the existing Main Street through special standards for building location, parking, uses, signage and other considerations.
(10) Gateway Overlay (GO) Districts. The Gateway Overlay Districts (GO) are provided to encourage unified and consistent design elements and site planning to promote an attractive and desirable streetscape for areas that are visually prominent and located at the key entry points, or “gateways” to Tooele City. The streetscape is a combination of buildings and structures, signage, landscaping, off-street parking areas, street improvements and other elements that dominate the view of the driver or pedestrian at the identified gateway areas of the City. The design and overall attractiveness and quality of the city’s gateway areas is indicative of the values and character of the City. An attractive and functional streetscape is one that promotes cohesiveness and establishes a design theme for signage, building design, landscaping and street trees and other street amenities. The Tooele City Gateway Overlay Districts (GO) require site planning and design for all buildings and structures within the District to be reviewed and approved by the Planning Commission with requirements for landscaping, signage and the location of required off-street parking areas.
(11) Commercial Special District (CSD). The purpose of the Commercial Special District (CSD) is to provide a master planned, architecturally designed non-residential development where customized zoning requirements are developed and implemented to apply to a specific geographic area in order to permit flexibility and initiative to produce a unique, cohesive development.
(Ord. 2021-27, 07-21-2021) (Ord. 2020-42, 10-07-2020) (Ord. 2019-08, 03-20-2019) (Ord. 2010-16, 10-06-2010) (Ord. 2003-15, 06-04-2003) (Ord. 1998-40, 12-16-1998)
(b) Depth: the greater of
(ii) 300 feet perpendicular to the nearest SR-36 North right-of-way line, and, if an interior public or private right-of-way (“interior road”) crosses any portion of a lot within said 300 feet, then the greater of
(B) 300 feet beyond the outer boundary of the interior road, perpendicular to the nearest SR-36 North right-of-way line, and measured from the point on the interior road farthest from the nearest SR-36 North right-of-way line.
(b) Depth: the greater of
(ii) 300 feet perpendicular to the nearest SR-112 right-of-way line, and, if an interior public or private right-of-way (“interior road”) crosses any portion of a lot within said 300 feet, then the greater of
(B) 300 feet beyond the outer of the interior road, perpendicular to the nearest SR-112 right-of- way line, and measured from the point on the interior road farthest from the nearest SR-112 right-of-way line.
(b) Depth: the greater of
(ii) 300 feet perpendicular to the nearest SR-112 or 1000 North right-of-way line, and, if an interior public or private right-of-way (“interior road”) crosses any portion of a lot within said 300 feet, then the greater of
(B) 300 feet beyond the outer boundary of the interior road, perpendicular to the nearest SR-112 or 1000 North right-of-way line, and measured from the point on the interior road farthest from the nearest SR-112 or 1000 North right-of-way line.
(b) Depth: the greater of
(ii) 300 feet perpendicular to the nearest SR-36 South right-of-way line, and, if an interior public or private right-of-way (“interior road”) crosses any portion of a lot within said 300 feet, then the greater of
(B) 300 feet beyond the outer boundary of the interior road, perpendicular to the nearest SR-36 South right-of-way line, and measured from the point on the interior road farthest from the nearest SR-36 South right-of-way line.
(Ordinance 2003-15, 06-04-2003)
Use | District | ||||||||
MU-B Mixed Use Broadway |
MU-G Mixed Use General |
NC Neighborhood Commercial (Maximum individual lot Size 15,000 square feet) |
GC General Commercial |
RC Regional Commercial |
LI Light Industrial |
IS Industrial Service |
I Industrial |
RD Research & Development |
|
Accessory Building | P | P | P | P | P | P | P | P | P |
Accessory Drive Through Facility (considered as a Conditional Use for a Use allowed in the District, see Note #3 and Table 2) | C | C | C | C | C | C | C | ||
Accessory Dwelling Unit for Caretaker Only (must be located within primary structure. See Table 2) | C | C | C | C | C | C | C | C | |
Accessory Dwelling Unit (internal and attached: located above ground floor. See Table 2) | P | P | P | C/P See Note 7 |
C | ||||
Accessory Dwelling Unit (detached: located on the same lot as primary structure. See Table 2) | P | P | P | ||||||
Accessory Outdoor Sales and Display Incidental to an Allowed Use (considered as a Conditional Use for a Use allowed in the District, see Note #4 and Table 2) | C | C | C | C | C | ||||
Accessory Outside Storage (considered as a Conditional Use for a Use allowed in the District, see Note #2 and Table 2) | C | C | C | C | |||||
Use | MU-B Mixed Use Broadway |
MU-G Mixed Use General |
Neighborhood Commercial (Maximum individual lot Size 15,000 square feet) | GC General Commercial |
RC Regional Commercial |
LI Light Industrial |
IS Industrial Service |
I Industrial |
RD Research & Development |
Accessory Outside Storage of Flammable or Hazardous materials (considered as a Conditional Use for a Use allowed in the District, see Note #2 and Table 2) | C | ||||||||
Agriculture (horticulture) | P | P | P | C | |||||
Airport | C | C | |||||||
Amusement Facility | C | C | P | P | P | P | |||
Auto Impound Yard | C | C | |||||||
Automobile Sales and Rental | C | C Minimum Lot size 30,000 square feet with access from arterial road only |
C | C | P | P | P | ||
Automobile Service and Repair | C | C | P | P | P | ||||
Automobile Service and Repair Accessory to a Principal Use | C | P | |||||||
Automobile Body and Fender Service and Repair | C | C | P | ||||||
Bed and Breakfast Inn (located in an existing structure) | C | C | C | P | |||||
Boarding House | C | C | C | ||||||
Building Maintenance Services | C | P | P | P | |||||
Business Office | P | P | P | P | P | P | |||
Use | MU-B Mixed Use Broadway |
MU-G Mixed Use General |
Neighborhood Commercial (Maximum individual lot Size 15,000 square feet) | GC General Commercial |
RC Regional Commercial |
LI Light Industrial |
IS Industrial Service |
I Industrial |
RD Research & Development |
Business Office (located within an existing structure) | C | C | C | P | P | P | P | P | P |
Campground, Travel Trailer Park | C | C | |||||||
Car Wash | C | P | P | P | C | ||||
Chemical Manufacture and Storage | C | ||||||||
Church | C | C | C | C | P | ||||
Conference Center | P | P | P | P | P | ||||
Contractor's Display/Office | C | P | P | P | P | ||||
Contractor's Storage Yard | C | C | P | ||||||
Convenience Store, without Gasoline Sales | P | P | P | P | P | P | P | P | P |
Convenience Store, with Gasoline Sales | C | C | C | P | C | P | P | P | P |
Cultural activities and uses | C | C | P | C | P | P | P | ||
Day-Care/Pre-School (Home Occupation) | P | P | |||||||
Day-Care/Pre-School Center | C | C | C | P | C | C | C | ||
Distribution Center | C | C | P | ||||||
Dwelling: Single Family (Detached) | P | P | |||||||
Dwelling: Two family | P | C | |||||||
Dwelling: Multi-Family | C See Note 6 |
C See Note 6 |
See Note 6 | See Note 6 | See Note 6 | ||||
Extractive Industry | |||||||||
Use | MU-B Mixed Use Broadway |
MU-G Mixed Use General |
Neighborhood Commercial (Maximum individual lot Size 15,000 square feet) | GC General Commercial |
RC Regional Commercial |
LI Light Industrial |
IS Industrial Service |
I Industrial |
RD Research & Development |
Fast Food Restaurant | C | C | P | P | P | P | P | ||
Financial Services | C | C | C | P | P | P | P | P | |
Food and Beverage Processing | C | ||||||||
Funeral Home/Mortuary | C | C | P | P | P | P | |||
Garden Center | C | C | P | P | P | P | |||
General Industrial Activity |
P | P | P | P | |||||
Hardware and Garden Supply Store | C | P | P | P | P | ||||
Hazardous Material Storage | |||||||||
Hazardous Waste In-Transit Facility | C | ||||||||
Health Care Facility | C | C | P | P | P | C | |||
Health Care Provider | C | C | C | P | P | P | P | P | |
Health Care Provider (located within an existing structure) | C | C | P | P | P | P | P | P | |
Health Club | C | C | P | P | P | P | P | P | |
Heavy Equipment Sales and Rental | C | C | P | ||||||
Heavy Equipment Sales and Rental as an Accessory Use to an Established Retail Use | C | C | |||||||
Heavy Industrial Manufacturing and Assembly | C | ||||||||
Heliport | C | C | C | C | C | C | |||
Use | MU-B Mixed Use Broadway |
MU-G Mixed Use General |
Neighborhood Commercial (Maximum individual lot Size 15,000 square feet) | GC General Commercial |
RC Regional Commercial |
LI Light Industrial |
IS Industrial Service |
I Industrial |
RD Research & Development |
Home Occupation (must comply with all requirements of a Home Occupation) | P | P | |||||||
Hotel | C | C | P | P | P | P | P | ||
Junkyard/Salvage Yard | C | ||||||||
Kennel | C | C | P | ||||||
Laundromat | C | C | C | P | P | P | P | ||
Light Manufacturing and Assembly | P | P | |||||||
Liquor Store | C | C | C | ||||||
Medical Cannabis Pharmacy | P | P | P | P | P | P | P | ||
Medical Cannabis Production Establishment | P | ||||||||
Membership Club | C | C | C | C | |||||
Military Surplus Yard | C | ||||||||
Motel | C | C | P | P | P | P | P | ||
Nursery | C | C | P | P | P | C | |||
Nursing Home, Convalescent Care Facility | C | C | C | P | P | ||||
Open Space Areas, Trails | P | P | P | P | P | P | P | P | P |
Park and Ride Facilities | C | C | C | P | C | C | |||
Personal Services | C | C | P | P | P | P | P | ||
Pet Shop/Pet Grooming | C | C | C | ||||||
Public or Private Educational Facility | C | C | C | C | C | C | C | C | |
Use | MU-B Mixed Use Broadway |
MU-G Mixed Use General |
Neighborhood Commercial (Maximum individual lot Size 15,000 square feet) | GC General Commercial |
RC Regional Commercial |
LI Light Industrial |
IS Industrial Service |
I Industrial |
RD Research & Development |
Personal Storage Facility (Mini-Storage) | C | C | P | ||||||
Private Club/Bar | C | C | C | C | C | C | C | ||
Professional Office | C | C | C | P | P | P | P | P | P |
Professional Office (located within an existing structure) | C | C | C | P | P | P | P | P | P |
Public Use | C | C | C | C | C | C | C | C | C |
Reception Center | C | C | P | P | P | P | P | ||
Reception Center (located within an existing structure) | C | C | P | P | P | P | |||
Recreational Facility (Indoor) | P | P | P | P | C | ||||
Recreational Facility (Outdoor) | C | C | C | C | |||||
Recycling Collection Site | C | C | C | P | |||||
Recycling Processing Center | C | ||||||||
Repair Shop (household and personal goods with no outside storage) | C | C | P | P | P | P | P | ||
Research Facility | P | P | P | P | P | ||||
Residential Treatment Facilities and Programs | C | ||||||||
Restaurant | C | C | P | P | P | P | P | P | |
Restaurant (located within an existing structure) | C | C | P | P | P | P | P | ||
Retail Sales Accessory to an Allowed Y se | P | P | P | P | P | P | |||
Use | MU-B Mixed Use Broadway |
MU-G Mixed Use General |
Neighborhood Commercial (Maximum individual lot Size 15,000 square feet) | GC General Commercial |
RC Regional Commercial |
LI Light Industrial |
IS Industrial Service |
I Industrial |
RD Research & Development |
Retail Store (located within an existing structure) | C | C | C | P | P | ||||
Retail Store (Total maximum 3,000 square footage) | C | C | C | P | P | P | P | ||
Retail Store or Commercial Center | P | P | |||||||
Retail Store or Commercial Center (Minimum 120,000 building square foot and planned and phased by approval of a Master Development Site Plan) | P | P | |||||||
Retirement Center | C | C | |||||||
Rock, Sand and Gravel Storage and Distribution | P | ||||||||
Sexually Oriented Business | P | ||||||||
Shooting Range, Indoor | C | C | C | C | C | ||||
Telecommunications Site/Facility | C | C | C | C | |||||
Temporary Construction Office | C | C | C | P | P | P | P | P | P |
Temporary Seasonal Use | C | C | P | P | P | P | P | P | |
Temporary Use | C | C | C | C | C | P | P | P | |
Theater (Indoor) | C | C | P | P | P | ||||
Theater (Outdoor) | C | P | P | P | |||||
Tobacco Specialty Store (see Note #5) | C | C | C | C | C | C | |||
Utility Service Facility (major) | C | C | C | C | C | C | |||
Utility Service Facility (minor) | C | C | C | C | C | C | |||
Use | MU-B Mixed Use Broadway |
MU-G Mixed Use General |
Neighborhood Commercial (Maximum individual lot Size 15,000 square feet) | GC General Commercial |
RC Regional Commercial |
LI Light Industrial |
IS Industrial Service |
I Industrial |
RD Research & Development |
Vehicle Storage Yard | C | ||||||||
Veterinary Clinic/Animal Hospital | P | P | P | ||||||
Veterinary Clinic/Animal Hospital Operating Entirely Within an Enclosed Building | C | C | P | P | P | P | P | ||
Warehouse | C | C | P |
P = PERMITTED USE
C = CONDITIONAL USE
ANY USE NOT IDENTIFIED AS EITHER A PERMITTED (P) OR CONDIITONAL (C) USE IS USE THAT IS A PROHIBITED USE WITHIN THE ZONING DISTRICT.
ANY USE NOT IDENTIFIED IN THE TABLE OF USES IS A PROHIBITED USE IN TOOELE CITY.
Notes:
- With the exception of detached single family dwellings, all dwellings in the MU (Mixed Use) zoning district must comply with the regulations and requirements, as amended, of the MR-16 (Multi-Family Residential) zoning district, or its equivalent replacement, contained in Chapter 7-14 and 7-11a unless otherwise specified in this Chapter.
(Ord. 2018-13, 08-15-2018) - For any Use allowed in a zoning district and proposing or requiring any area for Accessory Outside Storage, for any purpose, such use and outside storage area shall be considered as a Conditional Use. All Accessory Outside Storage is prohibited in the Mixed Use (MU) District and the Neighborhood Commercial (NC) District.
- For any Use allowed in a zoning district and proposing or requiring a “Accessory Drive Through Facility”, such Drive Through Facility shall be considered as a Conditional Use. All Accessory Drive Through Facilities are prohibited in the Mixed Use (MU) District and the Neighborhood Commercial (NC) District
- For any Use allowed in a zoning district and proposing any Accessory Outside display and sales area, such Accessory Outside Display and Sales use and area, shall be considered as a Conditional Use for any Uses allowed in the District, except that it shall be a permitted use in the Downtown Overlay District. Accessory Outside Display and Storage is prohibited in the Mixed Use (MU) District, Neighborhood Commercial (NC) District, and the Research and Development (RD) District. Accessory Outdoor sales and display in the Downtown Overlay District shall be subject to the following requirements:
A. A 6-foot-wide unobstructed pedestrian pathway shall be maintained at all times on all sidewalks.
B. All sales and display items shall be removed from the sidewalk and brought indoors into the business at the end of the business’ hours of daily operation.
C. No sales or display items may extend more than 24 inches from the building facade of the selling or displaying business.
D. No sales or display items may be located within the landscaped park strip, on the curb, in the gutter, or in the vehicular travel lanes.
E. All sales and display items shall be located directly in front of the business selling or displaying the items and may not be located in front of other businesses or properties. (Ord. 2012-22, 12-05-12) - This use is not permitted if any part of the proposed or existing building containing the use is located within 1,500 feet from (a) any school (public or private kindergarten, elementary, middle, charter, junior high, high school), public park, public recreational facility, youth center, library, or church, (b) any other Tobacco Specialty Store, (c) any residential use or residential zoning boundary, including mixed-use zones, or (d) on Vine Street. Distances shall be measured in a straight line, without regard to intervening structures or zoning districts, from a Tobacco Specialty Store structure to the property line of a school, public park, library, church, youth center, cultural activity, residential use, zoning district boundary, or other Tobacco Specialty Store. (Ord. 2011-19, 01-18-12)
- This use shall be a permitted use with no maximum density when proposed within and as a part of the redevelopment of an existing registered historical building. (2020-20, 05-06-2020) (Ord. 2018-13, 08-15-2018)
- This use shall be a permitted use when property zoned GC General Commercial is located within the Downtown Overlay district. Otherwise, this use shall be a conditional use. See Table 2; Table of Development Standards, for additional information regarding this use in the GC General Commercial zoning district and the Downtown Overlay district. (Ord. 2023-29, 07-05-2023)
- Accessory Vehicle Storage Yards shall comply with the following requirements:
a. The vehicle storage area shall be enclosed by a 6 foot solid visual barrier fence composed of masonry, vinyl or metal.b. The vehicle storage area shall be paved in either concrete or asphalt.c. The vehicle storage area shall not occupy more than 20% of the automobile sales and rental property.
Development Requirement | District | |||||||||
Mixed Use (MU-G) (MU-B) |
Neighborhood Commercial (NC) |
General Commercial (GC) |
Regional Commercial (RC) |
Light Industrial (LI) |
Industrial Service (IS) | Industrial (I) |
Research & Development (RD) |
Downtown Overlay (DO) |
Gateway Overlay (GO) |
|
Maximum Lot Area | No maximum | 25,000 square feet | No maximum | No maximum | No maximum | No maximum | No maximum | No maximum | No maximum | No maximum |
Minimum Are for District | No minimum | No minimum | 3 acres. Smaller areas may be added to an existing GC area. See Note C |
60 acres. Smaller areas may be added to an existing RC area. See Note C | No minimum | No minimum | No minimum | No minimum | No minimum | No minimum |
Minimum Lot Width (Frontage) | 80 Feet at Front setback line | 80 Feet at Front setback line | 80 Feet at Front setback line | 100 Feet at Front setback line | 60 Feet at Front setback line | 60 Feet at Front setback line | 80 Feet at Front setback line | 60 Feet at Front setback line | No Minimum Requirement | 80 Feet at Front setback line |
Minimum Front Yard Setback | 20 Feet. May be reduced to 0 Feet following approval by the Planning Commission for compliance with Chapter 7-11 Tooele City Code |
20 Feet. May be reduced to 0 Feet following approval by the Planning Commission for compliance with Chapter 7-11 Tooele City Code |
30 Feet. May be reduced to 20 Feet following approval by the Planning Commission for compliance with Chapter 7-11 Tooele City Code |
40 Feet | 30 Feet | 30 Feet | 30 Feet | 20 Feet | 10 Feet. May be reduced to 0 Feet following approval by the Planning Commission for compliance with Chapter 7-11 Tooele City Code |
30 Feet. May be reduced to 20 Feet following approval by the Planning Commission for compliance with Chapter 7-11 Tooele City Code |
Development Requirement | District | |||||||||
Mixed Use (MU-G) (MU-B) |
Neighborhood Commercial (NC) |
General Commercial (GC) |
Regional Commercial (RC) |
Light Industrial (LI) |
Industrial Service (IS) | Industrial (I) |
Research & Development (RD) |
Downtown Overlay (DO) |
Gateway Overlay (GO) |
|
Maximum Front Yard Setback | No requirement | No requirement | No requirement | No requirement | No requirement | No requirement | No requirement | No requirement | 20 Feet. May be increased following approval by the Planning Commission for compliance with Chapter 7-11 Tooele City Code |
As required by the Planning Commission for compliance with Chapter 7-11 Tooele City Code |
Development Requirement | District | |||||||||
Mixed Use (MU-G) (MU-B) |
Neighborhood Commercial (NC) |
General Commercial (GC) |
Regional Commercial (RC) |
Light Industrial (LI) |
Industrial Service (IS) | Industrial (I) |
Research & Development (RD) |
Downtown Overlay (DO) |
Gateway Overlay (GO) |
|
Minimum Required Front Yard Landscape Area (measured from front property line) See Note F1 |
20 Feet. May be reduced to 0 Feet following approval by the Planning Commission for compliance with Chapter 7-11 Tooele City Code See Note F1 |
20 Feet. May be reduced to 0 Feet following approval by the Planning Commission for compliance with Chapter 7-11 Tooele City Code See Note F1 |
15 Feet See Note F1 |
40 Feet See Note F1 |
15 Feet See Note F1 |
15 Feet See Note F1 |
15 Feet. No landscaping required for auto impound yard, military surplus yards, or vehicle storage yards. See Note H See "Minimum Required Landscape Area" below |
15 Feet See Note F1 |
10 Feet. May be reduced to 0 Feet following approval by the Planning Commission for compliance with Chapter 7-11 Tooele City Code See Note F1 |
20 Feet See Note F1 |
Development Requirement | District | |||||||||
Mixed Use (MU-G) (MU-B) |
Neighborhood Commercial (NC) |
General Commercial (GC) |
Regional Commercial (RC) |
Light Industrial (LI) |
Industrial Service (IS) | Industrial (I) |
Research & Development (RD) |
Downtown Overlay (DO) |
Gateway Overlay (GO) |
|
Minimum Side Yard Setback | Note B when adjoining a Residential Zone. Otherwise See Note A1. | Note B when adjoining a Residential Zone. Otherwise See Note A1. | Note B when adjoining a Residential Zone. Otherwise See Note A1. | 30 Feet | As Allowed by Building Code but no less than 5 feet with Note A2. Note B when adjoining a Residential Zone. | As Allowed by Building Code but no less than 5 feet with Note A2. Note B when adjoining a Residential Zone. | As Allowed by Building code but not less than 15 feet. | As Allowed by Building Code but no less than 5 feet with Note A2. Note B when adjoining a Residential Zone. | Per Underlying Zoning District. | Per Underlying Zoning District. |
Minimum Rear Yard Setback | Note B when adjoining a Residential Zone. Otherwise See Note A1. | Note B when adjoining a Residential Zone. Otherwise See Note A1. | Note B when adjoining a Residential Zone. Otherwise See Note A1. | 30 Feet | As Allowed by Building Code but no less than 10 feet with Note A2. Note B when adjoining a Residential Zone. | As Allowed by Building Code but no less than 10 feet with Note A2. Note B when adjoining a Residential Zone. | As Allowed by Building code but not less than 20 feet. | As Allowed by Building Code but no less than 10 feet with Note A2. Note B when adjoining a Residential Zone. | Per Underlying Zoning District. | Per Underlying Zoning District. |
Minimum Rear Yard Setback (Corner Lot) | Note B when adjoining a Residential Zone. Otherwise See Note A1. | Note B when adjoining a Residential Zone. Otherwise See Note A1. | Note B when adjoining a Residential Zone. Otherwise See Note A1. | 30 Feet | As Allowed by Building Code but no less than 10 feet with Note A2. Note B when adjoining a Residential Zone. | As Allowed by Building Code but no less than 10 feet with Note A2. Note B when adjoining a Residential Zone. | As Allowed by Building code but not less than 20 feet. | As Allowed by Building Code but no less than 10 feet with Note A2. Note B when adjoining a Residential Zone. | Per Underlying Zoning District. | Per Underlying Zoning District. |
Development Requirement | District | |||||||||
Mixed Use (MU-G) (MU-B) |
Neighborhood Commercial (NC) |
General Commercial (GC) |
Regional Commercial (RC) |
Light Industrial (LI) |
Industrial Service (IS) | Industrial (I) |
Research & Development (RD) |
Downtown Overlay (DO) |
Gateway Overlay (GO) |
|
Minimum Required Landscape Area (percentage of total site area which may include required landscaping within parking areas) | No Requirement but must comply with requirements of the Planning Commission for compliance with Chapter 7-11 Tooele City Code See Note F1 |
No Requirement but must comply with requirements of the Planning Commission for compliance with Chapter 7-11 Tooele City Code See Note F1 |
10% See Note F1 |
15% See Note F1 |
See Note F2 | See Note F2 | See Note F2 | 10% See Note F1 |
No Requirement but must comply with requirements of the Planning Commission for compliance with Chapter 7-11 Tooele City Code See Note F1 |
15%, provided a greater percentage may be required by the Planning Commission for compliance with Chapter 7-11 Tooele City Code See Note F1 |
Maximum/Minimum Building Height | 35 Feet or Two Stories for new construction/1 story | 35 Feet or Two Stories/1 story | 65 Feet or 4 Stories/1 story | 70 Feet or 6 Stories/1 story | 50 Feet or 4 Stories/1 story | 50 Feet or 4 Stories/1 story | 70 Feet or 6 Stories/1 story (See Note H) |
50 Feet or 4 Stories/1 story | 45 Feet or 3 Stories/1 story | As required by the Planning Commission for compliance with Chapter 7-11 Tooele City Code |
Development Requirement | District | |||||||||
Mixed Use (MU-G) (MU-B) |
Neighborhood Commercial (NC) |
General Commercial (GC) |
Regional Commercial (RC) |
Light Industrial (LI) |
Industrial Service (IS) | Industrial (I) |
Research & Development (RD) |
Downtown Overlay (DO) |
Gateway Overlay (GO) |
|
Site Planning and Building Design Review Compliance | Must comply with Design Review requirements of Chapter 7-11 Tooele City Code | Must comply with Design Review requirements of Chapter 7-11 Tooele City Code | Must comply with Design Review requirements of Chapter 7-11 Tooele City Code | Master Development Site Plan required for approval by the Planning Commission See Note D |
Must comply with Design Review requirements of Chapter 7-11 Tooele City Code | Must comply with Design Review requirements of Chapter 7-11 Tooele City Code | Must comply with Design Review requirements of Chapter 7-11 Tooele City Code | *To be written | Must comply with Design Review requirements of Chapter 7-11 Tooele City Code | Master Development Site Plan required for approval by the Planning Commission See Note D |
Accessory Dwelling Units for caretaker. Allowed as a Conditional Use only | One Accessory Dwelling Unit for Caretaker (must be located within primary structure). | One Accessory Dwelling Unit for Caretaker (must be located within primary structure). | One Accessory Dwelling Unit for Caretaker (must be located within primary structure). | Not allowed | One Accessory Dwelling Unit for Caretaker (must be located within primary structure). | One Accessory Dwelling Unit for Caretaker (must be located within primary structure). | One Accessory Dwelling Unit for Caretaker (must be located within primary structure). | One Accessory Dwelling Unit for Caretaker (must be located within primary structure). | Requirement of underlying zone applies | Requirement of underlying zone applies |
Accessory Dwelling Unit(s) (located above ground floor) | One Accessory Dwelling Unit for each 2,000 square feet Site Area | One Accessory Dwelling Unit for each 2,000 square feet Site Area | As a Conditional Use Only. One Accessory Dwelling Unit for each 6,000 square feet Site Area |
As a Conditional Use Only. One Accessory Dwelling Unit for each 6,000 square feet Site Area |
Not allowed | Not allowed | Not allowed | Not allowed | One Accessory Dwelling Unit for each 2,000 square feet Site Area |
Requirement of underlying zone applies |
Development Requirement | District | |||||||||
Mixed Use (MU-G) (MU-B) |
Neighborhood Commercial (NC) |
General Commercial (GC) |
Regional Commercial (RC) |
Light Industrial (LI) |
Industrial Service (IS) | Industrial (I) |
Research & Development (RD) |
Downtown Overlay (DO) |
Gateway Overlay (GO) |
|
Accessory Dwelling Unit (located on the same lot as primary structure) | One Accessory Dwelling Unit for each 10,000 square feet Site Area |
One Accessory Dwelling Unit for each 10,000 square feet Site Area |
Not allowed | Not allowed | Not allowed | Not allowed | Not allowed | Not allowed | Requirement of underlying zone applies | Requirement of underlying zone applies |
Accessory Drive through Facilities | Not allowed | Not allowed | Conditional Use Approval Required | Conditional Use Approval Required | Conditional Use Approval Required | Conditional Use Approval Required | Conditional Use Approval Required | Conditional Use Approval Required | Conditional Use Approval Required | Conditional Use Approval Required |
Accessory Outdoor Sales and Display | Not allowed | Not allowed | Conditional Use Approval Required | Conditional Use Approval Required | Conditional Use Approval Required | Conditional Use Approval Required | Conditional Use Approval Required | Not allowed | Conditional Use Approval Required | Conditional Use Approval Required |
Accessory Outside Storage | Not allowed | Not allowed | Conditional Use Approval Required | Not allowed | Conditional Use Approval Required | Conditional Use Approval Required | Conditional Use Approval Required | Not allowed | Conditional Use Approval Required | Conditional Use Approval Required |
Accessory Outside Storage of Flammable or Hazardous Materials | Not allowed | Not allowed | Not allowed | Not allowed | Not allowed | Not allowed | Conditional Use Approval Required | Not allowed | Not allowed | Not allowed |
Issuance of Demolition Permit for Existing Buildings and Structures | Building permit required | Building permit required | Building permit required | Building permit required | Building permit required | Building permit required | Building permit required | Building permit required | Building permit required | Building permit required |
Development Requirement | District | |||||||||
Mixed Use (MU-G) (MU-B) |
Neighborhood Commercial (NC) |
General Commercial (GC) |
Regional Commercial (RC) |
Light Industrial (LI) |
Industrial Service (IS) | Industrial (I) |
Research & Development (RD) |
Downtown Overlay (DO) |
Gateway Overlay (GO) |
|
Off-Street Parking Requirements | As Required by Title 7 Chapter 4 See Note E |
As Required by Title 7 Chapter 4 | As Required by Title 7 Chapter 4 | As Required by Title 7 Chapter 4 | As Required by Title 7 Chapter 4 | As Required by Title 7 Chapter 4 | As Required by Title 7 Chapter 4 | As Required by Title 7 Chapter 4 | As Required by Title 7 Chapter 4 See Note E |
As Required by Title 7 Chapter 4 |
Location of required Off-Street Parking Spaces | As practical to be located to the rear and screened behind building(s) | As practical to be located to the rear and screened behind building(s) | As practical to be located to the rear and screened behind building(s) | As practical to be located to the rear and screened behind building(s) | ||||||
Landscaping Requirements | See Note F1 | See Note F1 | See Note F1 | See Note F1 | See Note F2 | See Note F2 | Critical Areas plus 1% of site acreage or mitigation See Note F2 | See Note F1 | See Note F1 | See Note F1 |
WHERE TABLE 2 DOES NOT IDENTIFY A DEVELOPMENT STANDARD (THE TABLE CELL IS BLANK) THE REQUIREMENTS OF THE UNDERLYING ZONING DISTRICT SHALL APPLY
Notes:
A.
- As allowed by the International Building Code and any required or existing easements. Side yard setbacks measured from a street right-of-way for corner lots in the MU-B zoning district may be reduced to 0 feet upon approval of the Planning Commission as a part of design review in compliance with Title7 Chapter 11 of the Tooele City Code. Structures shall not be allowed to be constructed within an existing or proposed easement or right-of-way. (2022-14, 04-06-2022) (2018-13, 08-15-2018)
- Developments on adjoining lots or parcels that are designed, approved, and constructed as one application or project may have the setback reduced to 0 feet to facilitate a cohesive conjoined development across both properties. Structures shall not be allowed to be constructed within an existing or proposed easement or right-of-way. (2022-14, 04-06-2022)
- A 50/50 mix of evergreen and deciduous trees and shrubs;
- 60% of trees and shrubs with a minimum caliper of 2 inches and a minimum height of 5 feet;
- park strip trees, at least one for every 30 feet of right-of-way frontage, in compliance with Tooele City Code §4-11-20 and be of a variety identified in the Tooele City Street Tree Selection Guide.
- Critical Areas. “Critical Areas” shall mean those areas of a development site which have a particular sensitivity to environmental considerations, aesthetics, and employee and public convenience, health, and well being. Critical areas shall be determined administratively during discussions/negotiations between Tooele City staff and the developer, and shall address at least the following areas: principle vehicle entrances for employees and customers; principle pedestrian building entrances for employees and customers; employee gathering and rest areas; storm water drainage, detention, and retention facilities; and, screening of exterior building equipment.
- Minimum Acreage. The 1% site acreage requirement is in addition to, not inclusive of, Critical Area landscaping.
- Minimum Acreage Requirement Mitigation. In lieu of the 1% acreage landscaping requirement, the developer may pay to Tooele City a mitigation sum equal to the requirement, multiplied by $20,000 per acre, a reasonable average landscaping budget based upon the most current Tooele City Parks and Recreation master planning documents. For example, the optional mitigation sum for a 200-acre site would be $40,000; for a five-acre site, $1,000. Tooele City will apply mitigation funds to landscaping improvements in Tooele City Parks.
- Critical Area Requirement Mitigation. In the event that Tooele city staff and the developer conclude that landscaping of a given Critical Area is not possible or practicable due to feasibility or engineering difficulties, the developer shall pay a mitigation sum equal to the area of the Critical Area not landscaped, multiplied by $20,000 per acre, in lieu of installing the subject Critical Area landscaping. Financial or budgetary difficulties shall not be considered grounds for a determination of impossibility or impracticability or for payment of a Critical Area requirement mitigation sum.
- Administrative Appeal. Development applicants affected by the administrative determination referenced above may appeal in writing to the Planning Commission, which shall uphold, modify, or reject the determination. No further administrative appeal shall exist.
- Fencing. Auto impound yards, military surplus yards, and vehicle storage yards shall be fenced with a view-obscuring fence, hedge, or landscaped berm at a height at least equal to the height of the materials stored within but not higher than eight feet. Fencing for Auto impound yards shall comply with all requirements of the Utah State Code for such uses.
- Location. Auto impound yards, military surplus yards, and vehicle storage yards may not be located closer than 300 feet to a State highway, 500 feet to a zoning district boundary, or 1000 feet to a school.
(Ord. 2023-36, 09-20-2023) (Ord. 2023-22, 06-07-2023) (2022-14, 04-06-2022) (Ord. 2021-40, 12-15-2021) (Ord. 2021-28, 08-04-2021) (Ord. 2020-42, 10-07-2020) (Ord. 2019-08, 03-20-2019) (Ord. 2018-13, 08-15-2018) (Ord. 2010-16, 10-06-2010) (Ord. 2008-09, 11-05-2008) (Ord 2008-08, 07-02-2008) (Ord. 2004-15, 10-20-2004) (Ord. 02-24, 12-04-2002) (Ord. 1999-28, 11-04-1999)
(Ord. 2019-12, 05-15-2019) (Ord. 2019-08, 03-20-2019) (Ord. 2014-08, 08-06-2014); (Ord. 2012-17, 09-05-12; Ord. 2011-17, 09-21-11); (Ord. 2010-16, 10-06-10); (Ord. 98-40, 12-16-1998)
(Ord. 2021-27, 07-21-2021)
(Ord. 2021-27, 07-21-2021)
(2) Size. The minimum size for any application for a Commercial Special District shall be 50 acres. All acreage identified for inclusion in an CSD shall be contiguous and developable. Land identified as having any of the following conditions may be included within an CSD but shall not be included in the calculation of minimum acreage for CSD eligibility:
(d) publicly owned lands; or
(Ord. 2021-27, 07-21-2021)
(2) The geographic boundaries of the CSD;
(3) The purpose and intent of the CSD including a written description of the CSD proposal with the expected outcome and benefit the CSD will provide to the community;
(4) Identification of all permitted, conditional, and not permitted uses and use types, as defined within this Title;
(5) Development standards for all identified allowable uses, which may be the same or differ by area or use type, including at least:
(b) Minimum Lot Frontage;
(c) Minimum Lot Width, Interior & Corner Lots;
(d) Minimum Front Setbacks;
(e) Minimum Side Setbacks, Interior & Corner Street Side;
(f) Minimum Rear Setbacks;
(g) Minimum and Maximum Building Heights;
(h) Maximum Lot Coverage;
(i) Location, arrangement configuration, and bulk standards for buildings;
(j) Minimum Landscaping Coverage;
(k) Fencing;
(l) Lighting; and,
(m) Parking;
(7) Amenities and features including but not limited to:
(b) Public amenities within the proposed CSD for the benefit of the entire community;
(c) Relationship and connections to existing & proposed public amenities (trails, open spaces, etc.); and,
(d) Environmentally sensitive features and preservation areas:
(9) Transportation elements including:
(b) Roadway design standards (cross sections) for each identified classification of private roadway;
(c) Identification of truck routes and routes for use by heavy vehicles; and,
(d) Pedestrian paths, accesses, and connections with design (layout, cross sections, purpose, etc.);
(11) Codes, Covenants & Restrictions (CC&Rs), as applicable, including:
(b) Maintenance of amenities and facilities by the master association (MA);
(b) Drainage channels;
(14) Conceptual and layout mapping for the proposed CSD including:
(b) Description of boundaries (not necessarily legal description);
(c) Identified existing natural and developed features;
(d) Conceptual development plans;
(e) Data tables including at least:
(i) Total project acreage;
(ii) Acreage of each use type, area, etc.;
(iii) Public and private streets;
(iv) Public dedications;
(v) Private properties, uses, and features; and,
(vi) Identification of unbuildable or preservation areas; and,
(Ord. 2021-27, 07-21-2021)
(2) Findings Required. The approval or denial of an application for a Commercial Special District shall be based on at least the following findings:
(Ord. 2021-27, 07-21-2021)
(Ord. 2021-27, 07-21-2021)
(Ord. 2021-27, 07-21-2021)
The purpose of the Tooele City Business Park zoning district is to determine the form of uses and buildings on approximately 324 acres of contiguous land adjacent to recorded phases of the Tooele City Commercial Park in a manner that (1) transitions appropriately from existing single-family and multi-family residential uses to future commercial and industrial uses, (2) establishes regulations aimed at maximizing the quality and value of a business park through architectural, landscaping, lighting, and other development standards, (3) creates a unique railed-served mixed-use commercial-industrial business park, and (4) fosters renewable energy sources.
(Ord. 2023-28, 06-07-2023)
The Tooele City Business Park zoning district shall have the general form shown on Figure 1, which identifies three use areas known as Section A (general and neighborhood commercial uses), Section B (lighter-industrial uses), and Section C (heavier-industrial uses).
Figure 7-16b-2
(Ord. 2023-28, 06-07-2023)
The land uses allowed in the Tooele City Business Park zoning district, including both permitted and conditional uses, are set forth in Table 1: Table of Uses. A use not identified as either P or C in a Section shall be prohibited in that Section. A use not identified in the Table shall be a prohibited use unless substantially similar to an identified use, as determined by the Zoning Administrator in light of existing use definitions contained in Section 7-1-5.
Tooele City Business Park Zoning District | |||
Use | Section A (Commercial) | Section B (Lighter Industrial) |
Section C (Heavier Industrial) |
Accessory Building | P | P | P |
Accessory Drive Through Facility | C | C | C |
Accessory Outdoor Sales & Display (Incidental to an Allowed Use) | C | P | P |
Accessory Outside Storage | P | P | |
Agriculture (Indoor only) | C | ||
Automobile Body & Fender Service and Repair | C | ||
Building Maintenance Services | P | P | |
Business office | P | ||
Business Office (located within an existing structure) | P | P | P |
Contractor's Display/Office | P | ||
Convenience Store, without Gasoline Sales | P | P | |
Convenience Store, with Gasoline Sales | P | P | |
Cultural Activities and Uses | P | ||
Day Care/Pre-School Center (located within an existing structure) | P | P | |
Fast Food Restaurant | P | P | P |
Financial Services | P | ||
General Industrial Activity | P | P | |
Greenhouse | C | ||
Health Care Provider | P | ||
Health Care Provider (located within an existing structure) | P | P | P |
Health Club | P | ||
Heavy Equipment Sales & Rental | P | P | |
Use | Section A (Commercial) | Section B (Lighter Industrial) |
Section C (Heavier Industrial) |
Heavy Industrial Manufacturing & Assembly | C | ||
Hotel | P | ||
Laundromat | P | ||
Light Manufacturing & Assembly | P | P | |
Open Space Areas, Trails | P | P | P |
Personal Services | P | ||
Professional Office | P | ||
Professional Office (located within an existing structure) | P | P | P |
Public Use | C | C | C |
Reception Center | P | ||
Reception Center (located within an existing structure) | P | ||
Research Facility | P | ||
Restaurant | P | ||
Restaurant (located within an existing structure) | P | P | P |
Retail Sales (accessory to an allowed use) | P | P | P |
Retail Store (located within an existing structure) | P | P | P |
Retail Store (total maximum 3,000 square footage) | P | ||
Temporary Construction Office | P | P | |
Utility Service Facility (major) | C | C | |
Utility Service Facility (minor) | C | C | |
Wind Turbine | P | P |
Table 1 (7-16b-3): Table of Uses
(Ord. 2023-28, 06-07-2023)
(2) Building Height. The maximum building height in Section A shall be 35 feet, except a hotel may have a maximum building height of 50 feet for up to three stories. The maximum building height in Section B shall be 50 feet. The maximum building height in Section C shall be 70 feet.
(3) Parking. Off-street parking requirements shall be determined under Chapter 7-4.
(4) Fencing. All outdoor storage areas shall be fenced with a solid and opaque view-obscuring fence at a height at least equal to the height of the materials stored, but not higher than eight feet. Acceptable fence materials include masonry, vinyl, rhino rock, metal panel, and other similar materials. Chain link fence with slats is not an acceptable fence material.
(5) Wind Turbines. Where permitted, wind turbines shall be limited to a height of 175 feet to vertical tip of the blade and shall be setback 115% of its height from all property lines.
(Ord. 2023-28, 06-07-2023)
(1) Building Materials – General. All primary structures shall have an exterior finish of either concrete masonry units, brick, tilt-up concrete, precast concrete, stucco or stucco-appearing material, or colored enamel metal panels.
(2) Materials – Specific. The front façade of all primary structures shall be finished with architectural block, face brick, glass, stucco or stucco-appearing material, tilt-up concrete, or precast concrete, or a combination of these materials. For buildings finished with colored enamel panels, a portion of the front façade may utilize metal panels to help maintain architectural continuity.
(3) Minimum Design Details. All primary structures must provide architectural relief. This may be achieved by one or more of the following or similar methods and materials: windows with minimum four-inch trim of alternate but complementary materials and colors, awnings, varying facial planes, covered entryways, colonnades, etc. For the façades of concrete tilt-up buildings, indented patterns, windows, and coloration shall be an acceptable method of satisfying this requirement. To avoid large uninterrupted wall expanses, all front façades shall include architectural elements at least every 50 horizontal linear feet. All façades facing public roads, façades facing residential structures, and front façades shall include a minimum of 15% of wall façade composed of brick, stone, or other similar masonry product.
(4) Mechanical Equipment. All rooftop mechanical equipment shall be concealed from public view to the maximum extent by screening it with integral portions of building architecture, including structural parapet walls. “Concealed from public view” shall be determined by what a person would see when standing on the street in front of a building. The color of all conduits, vents, and other appurtenances shall match the color of the surrounding building surfaces.
(5) Roofs. All primary structure roofs in Section A shall be pitched at a minimum slope of 3:1 and shall not include any rooftop mechanical equipment.
(Ord. 2023-28, 06-07-2023)
(1) Section A Landscaping.
(a) Lots in Section A shall include landscaping on at least 10% of the lot.
(b) For other landscaping standards applicable to Section A, see Chapter 7-16, Table 2, Note F1.
(2) Sections B and C Landscaping.
(a) Lots in Sections B and C shall include landscaping on at least 1% of the lot.
(b) For other landscaping standards applicable to Sections B and C, see Chapter 7-16, Table 2, Note 2.
(3) Public right-of-way parkstrip landscaping and on-site parking lot landscaping may be included in determining compliance with the requirements of this Section.
(4) Landscaping shall be water-wise in nature and shall not include sod or turf grass. All landscaping shall be irrigated, and all irrigation shall utilize drip or similar bubbler systems.
(5) Public right-of-way landscaping in Sections A-C shall include trees as required in Chapter 7-16, Table 2, Note F1, and shall consist of trees approved by the City’s street tree selection guide.
(Ord. 2023-28, 06-07-2023)
(1) General. Signs in the Tooele City Business Park shall be regulated by Chapter 7-25.
(2) Section A. Signs allowed in Section A of the Tooele City Business Park shall be those allowed in commercial zoning districts as provided in Section 7-25-14.
(3) Sections B and C. Signs allowed in Sections B and C of the Tooele City Business Park shall be those allowed in industrial zoning districts as provided in Section 7-25-15.
(4) Frontage on Mid-Valley Highway or its successor state road shall not be included in determining the permissibility of pole or pylon signs, notwithstanding any contrary provisions in Chapter 7-25.
(Ord. 2023-28, 06-07-2023)
(1) Color Temperature. The maximum color temperature for outdoor light fixtures shall be 3,000K.
(2) Lumens. The maximum lumens for outdoor light fixtures shall be 2,500 lumens per fixture, and 100,000 lumens per acre.
(3) Light Poles. The maximum pole height for parking lot lighting shall be 16 feet for parking lots with less than 200 parking stalls, and 20 feet for parking lots with 200 or more parking stalls.
(4) Shielding. Outdoor light fixtures shall be fully shielded and directed downward. Compliant shielding is illustrated in Figure 2.
Figure 7-16b-8
Examples of Acceptable / Unacceptable Lighting Fixtures Tooele City Business Park Zoning District
(Ord. 2023-28, 06-07-2023)
Amended by Ordinance 2015-05 (February 4, 2015)
Location: 1000 North to 2000 North, SR-36 to 400 West
ZONING REGULATIONS OF THE OVERLAKE (P) PLANNED DISTRICT:
TABLE OF USES
Residential Use Areas
Use | Multi-family Use Areas | Single-family Zero-lot-line Areas | Single-family Areas | ||
Accessory Buildings and Uses | P | P | P | ||
Agriculture (Forestry/Horticultural Production) | P | P | P | ||
Bed and Breakfast Inn | C | C | C | ||
Churches and Religious Facilities | C | C | C | ||
Commercial Daycare, Preschool | C | C | C | ||
Dwelling: Single-family (detached) | P | P | P | ||
Dwelling: Single-family (attached) | P | P | |||
Dwelling: Two-family | P | P | P | ||
Dwelling: Three-family | P | ||||
Dwelling: Four-family | P | ||||
Dwelling: Multiple family (Apartments) | P | ||||
Dwelling: Manufactured Housing Unit | |||||
Dwelling: Townhouse/Condominium | P | P | |||
Gardening | P | P | P | ||
Golf Course and Country Club | C | C | C | ||
Home Occupation | P | P | P | ||
Home Occupation Daycare, Preschool | C | C | C | ||
Hospital | |||||
Medical and Dental Clinic | |||||
Open Space Areas, Trails | P | P | P | ||
Park and Ride Facilities (located on arterial streets) | |||||
Private Parks | C | C | |||
Private and Public Schools | C | C | C | ||
Private Recreational Facilities | C | C | |||
Professional Offices | |||||
Public buildings and Facilities | C | C | C | ||
Public/Private Transmission Lines, Facilities | C | C | C | ||
Residential Facilities for Persons with a Disability | P | P | P | ||
Residential Facilities for Elderly Persons | P | P | P | ||
Sports Fields | C | C | C | ||
Temporary Concessions (located in Public Parks) | C | C | C | ||
Temporary Construction Buildings and Storage | P | P | P | ||
Temporary Sales Office | P | P | P |
TABLE OF USES
Commercial, Mixed Use, and Open Space Areas
Use | Neighborhood Commercial | Highway Commercial | Mixed Use | Open Space | ||
Accessory Buildings and Uses | P | P | P | P | ||
Agricultural (Horticultural Production) | P | P | P | P | ||
RESIDENTIAL USES | ||||||
Bed and Breakfast Inn | C | P | P | |||
Dwelling units above ground floor (Minimum 500 sq. ft. per dwelling) | P | P | P | |||
Dwelling unit for caretaker/security guard (Must be within primary structure and not an accessory unit) | P | P | P | |||
Mixed-use Residential and Commercial Structure (Minimum 500 sq. ft. per dwelling) | P | P | P (units above ground floor) |
|||
Mixed-use Project (Residential and non-residential uses in separate structures on same lot) (Minimum 500 sq. ft. per dwelling) | C | C | C | |||
Nursing Home | C | P | C | |||
Retirement Home/Center | C | P | C | |||
NON-RESIDENTIAL USES | ||||||
Church | C | P | ||||
Cultural and Artistic Uses (e.g., museums, galleries, performing arts studios) | C | C | P | C | ||
Golf Course, Country Club | P | |||||
Open Space, Trails, Greenways | P | P | P | P | ||
Parks and Playgrounds | P | P | P | P | ||
Park and Ride Facilities | P | |||||
Schools | P | |||||
Baseball Fields | P | |||||
Public Buildings and Facilities | C | C | C | |||
Public and Private Utility Facilities | C | C | C | C | ||
Financial Institutions and Services | P | P | P | |||
Financial Institutions and Services (with drive through) | P | |||||
Medical and Dental Clinics | C | C | ||||
Professional Offices | C | P | P | |||
Veterinary Offices (Operating entirely within an enclosed building and keeping animals overnight only for treatment purposes) | C | |||||
Automobile Service and Repair | P | |||||
Automobile Sales and Rental | P | |||||
Building Maintenance Services | C | |||||
Hardware Store (with no outside storage) | P | P | ||||
Hardware Store (with outside storage) | C | |||||
Car Wash | P | |||||
Commercial Parking Lot/Structure | P | C | ||||
Commercial Recreational Facility | C | C | C | |||
Conference Center | C | C | ||||
Convenience Store (without gasoline sales) | P | P | P | |||
Convenience Store (with gasoline sales) | C | P | ||||
Child Daycare (commercial) | C | C | C | |||
Equipment Sales and Rental | C | |||||
Funeral Home | P | |||||
Hospital | C | |||||
Health Club | C | P | C | |||
Hotel | C | P | ||||
Motel | P | |||||
Launderette, Laundromat | C | P | P | |||
Mini-storage | C | |||||
Theater | P | P | ||||
Outdoor Sales, Display, and Dining | P | P | ||||
Outdoor Storage of Materials, Products, Equipment (Incidental to an allowed use) | C | |||||
Personal Services | P | P | P | |||
Plant Nursery (with outside display) | C | P | C | |||
Liquor Store, Bar, Private Club | C | |||||
Restaurant | C | P | P | |||
Fast Food Restaurant (with drive up window(s)) | P | |||||
Retail Facilities and Services (accessory to principal use) | P | P | P | |||
Retail Sales (e.g., limited general retail, grocery store, drug store) | P | P | P | |||
Retail Sales (general and goods establishments, e.g., general retail, department store, grocery store, drug store, variety store) | P | |||||
Schools, Vocational and Technical | P | C | ||||
Temporary Construction Buildings and Yards (12 months maximum) | C | C | C | C | ||
Temporary Sales Office (12 months maximum) | P | C | ||||
Communication Facilities and Towers | C | |||||
Utility Lines | C | C | C | C | ||
Repair Shop (household and personal goods) | C | P | P |
TABLE OF ALLOWED DENSITY
Residential Use Areas
Standard | Multi-family | Single-family Zero-lot Line | Single-family | ||
Dwelling: Single-family Minimum Lot Size (sq. ft.) |
P 2,500 |
P 5,000 |
P 7,000 sq. ft. maximum 12% may be <7,000 but >5,000; minimum 12% must be >10,000 |
||
Dwelling: Two-family Minimum Lot Size (sq. ft.) |
P 5,000 |
P 10,000 |
P 14,000 |
||
Dwelling: Three-family Minimum Lot Size (sq. ft.) |
P 7,500 |
Not Allowed | Not Allowed | ||
Dwelling: Four-family (sq. ft.) Minimum Lot Size (sq. ft.) |
P 10,000 |
Not Allowed | Not Allowed | ||
Dwelling: Multi-family | Max. 48 units/acre with parking located under structure. Max. 24 units/acre otherwise. | Not Allowed | Not Allowed | ||
Dwelling: Townhouse/Condominium Minimum Lot Size (sq. ft.) |
P 2,500 (per dwelling for attached unit only) |
P 2,500 (per dwelling for attached unit only) |
Not Allowed | ||
Maximum Dwelling Units per acre for PUD | Not Applicable | Not Applicable | Not Applicable | ||
Other Allowed Uses Minimum Lot Size (sq. ft.) |
7,000 | 8,000 | 8,000 | ||
Lot Width Minimum (frontage) |
25 ft. at front property line for Townhouses, Condominiums. 35 ft. all other residential uses. 80 ft. for nonresidential uses. |
25 ft. at front property line for Townhouses, Condominiums. 40 ft. Single-family. 50 ft. Two-family. 80ft. all other uses. |
50 ft. Single-family at front property line. 60 ft. Two-family. 80 ft. all other uses. |
||
Front Yard Setback minimum | 20 ft. | 20 ft. | 20 ft. | ||
Rear Yard Setback minimum (interior lot) |
20 ft. Zero ft. for all garages access from alley. |
25 ft. Zero ft. for all garages accessed from alley. |
25 ft. Zero ft. for all garages access from alley. |
||
Rear Yard Setback minimum (corner lot) | 20 ft. Zero ft. for all garages access from alley. |
20 ft. Zero ft. for all garages access from alley. |
20 ft. Zero ft. for all garages access from alley. |
||
Side Yard Setback minimum (interior lot) | 6 ft. Zero ft. for attached units. |
6 ft. Zero ft. for attached units. |
6 ft. | ||
Side Yard Setback minimum (corner lot) | 15 ft. | 15 ft. | 15 ft. | ||
Building Height (minimum/maximum) | 60 ft. or 3 stories above partially below grad parking/1 story. | 35 ft./1 story | 35 ft./1 story | ||
Lot Coverage total (all buildings) | 60% | 60% | 40% |
TABLE OF MINIMUM SITE PLANNING AND DEVELOPMENT STANDARDS
Commercial, Mixed Use, and Open Space Use Areas
Standard | Neighborhood Commercial | Highway Commercial | Mixed Use | Open Space | ||
Lot Width minimum (frontage) | No Minimum | No Minimum | No Minimum | No Minimum | ||
Front Yard Setback minimum | All primary buildings required to be at front property line or back of sidewalk. Zero ft. for parking areas 65 ft. wide or less. 10 ft. for parking areas with 4 ft. view-obscuring landscaping. 25 ft. all other parking areas. | Zero ft. for buildings. 25 ft. for any area used for vehicle parking. | All primary buildings required to be at front property line or back of sidewalk. Zero ft. for parking areas 65 ft. wide or less. 10 ft. for parking areas with 4ft. view-obscuring landscaping. 25 ft. all other parking areas. | Zero ft. for buildings. 25 ft. for any area used for vehicle parking. | ||
Rear Yard Setback minimum | 20 ft. | As required by building codes. | As required by building codes. | 25 ft. | ||
Side Yard Setback minimum | 20 ft. from dwellings and residential use areas. | As required by building codes. | As required by building codes. | 25 ft. | ||
Building Height (maximum/minimum) | 2 stories/1 story | 4 stories/1 story | 4 stories/1 story | 3 stories/1 story |
TABLE OF MINIMUM ALLOWED RESIDENTIAL DWELLING UNIT SIZE (sq. ft.)
Unit Type | Multi-family | Single-family Zero-lot Line | Single-family | ||
APARTMENTS | 650 for 1-bedroom units 800 for 2+ bedroom units |
Not Permitted | Not Permitted | ||
OTHER DWELLINGS | |||||
1 story with single covered parking | 900 | 900 | 900 | ||
1 story with single garage | 850 | 850 | 850 | ||
1 story with double+ garage | 800 | 800 | 800 | ||
2 story with single covered parking | 1,250 | 1,200 | 1,350 | ||
2 story with single garage | 1,250 | 1,200 | 1,350 | ||
2 story with double+ garage | 1,250 | 1,100 | 1,125 |
TABLE OF OFF-STREET PARKING REQUIREMENTS
Use | Parking Spaces Required | ||
Dwelling: Single-family | 2 per dwelling unit. | ||
Dwelling: Two-family | 2 per dwelling unit. | ||
Dwelling: Three-family | 2 per dwelling unit. | ||
Dwelling: Four-family | 2 per dwelling unit. | ||
Dwelling: Multiple-family (Apartments) | 1 for each 1-bedroom dwelling unit. 1.5 for all other dwelling units. Guest parking: 1 space for each 8 dwelling units. |
||
Dwelling: Townhouses/Condominiums | 2 per dwelling unit. | ||
Residential Facilities for Persons with a Disability | 1 for each 4 residents, plus 1 for each 2 employees during regular working hours. | ||
Residential Facilities for Elderly Persons | 1 for each 4 residents, plus 1 for each 2 employees during regular working hours. | ||
Bed and Breakfast Inn | 1 for each sleeping unit, plus 1 for each employee during regular working hours. | ||
Nursing Home | 1 for each 5 patient beds, plus 1 for each employee during regular working hours. | ||
Retirement Home/Center | 1 for every 2 sleeping units, plus 1 for each employee during regular working hours. | ||
Daycare (in home) | 2 per home. | ||
Daycare (commercial) | As approved by the Planning Commission. | ||
Elementary Schools Junior High Schools |
As approved by the Planning Commission. | ||
High Schools | As approved by the Planning Commission. | ||
Churches | 1 for every 5 seats in the assembly area. | ||
Parks and Playgrounds | As approved by the Planning Commission. | ||
Sports Fields, Sporting Facilities, Arenas | 1 for every 3 seats at maximum capacity or as approved by the Planning Commission. | ||
Open Space, Trails, Greenways | As approved by the Planning Commission. | ||
Civic Uses, Public Buildings, Public Facilities | As approved by the Planning Commission. | ||
Hotels, Motels | 1 for each sleeping unit, plus 1 for each employee during regular working hours. | ||
Medical Clinics | 4 per doctor or dentist, plus 1 for each additional employee. | ||
Hospitals | 1 for each 2 patient beds, plus 1 for each employee during regular working hours. | ||
Funeral Homes, Museums, Civic Uses | 20, or 1 for each 30 sq. ft. in all assembly areas, whichever is greater, or as approved by the Planning Commission. | ||
Retails Stores | 1 for each 350 sq. ft. of gross floor area. In Mixed Use Areas, a maximum of 1 for each 600 sq. ft. of gross floor area. |
||
Corporate Offices, Professional Offices, Business Offices, Financial Institutions | 1, plus 1 for each 300 sq. ft. of gross floor area. In Mixed Use Areas, a maximum of 1 for each 600 sq. ft. of gross floor area. | ||
Restaurants, Bars, Lounges, Private Clubs | 1 for each 3.0 seats, or 1 per 100 sq. ft. of gross floor area, whichever is greater. In Mixed Use Areas, a maximum of 1 for each 5 seats, or 1 per 250 sq. ft. of gross floor area, whichever is greater. | ||
Theaters, Sports Arenas, Public Assembly Areas, Commercial Recreation Areas | 1 for each 3 seats at the maximum seating capacity, or as approved by the Planning Commission. |
Notes:
1. The size of all parking stalls and design requirements for all parking areas will be as required by Tooele City at the time of development application. (Reference TCC Chapter 7-4.)
2. For all uses and activities located within the Mixed Use Areas, requests for reductions to the off-street parking requirements identified may be reviewed and approved by the Planning Commission and/or City Council after considering the nature and location of the proposed use.
3. Americans with Disabilities Act: all property owners and applicants for development approvals are advised that, in addition to the minimum off-street parking requirements, they are also required to comply with the minimum standards for the provision of handicapped parking spaces, as identified and required by the Americans with Disabilities Act, as amended.
ARCHITECTURAL DESIGN STANDARDS
See Architectural Design Standards on file with the Community Development Department for the following:
- Single-family dwellings
- Multi-family dwellings
- Mixed Use Area buildings
- Neighborhood Commercial buildings
- Highway Commercial buildings
See Landscaping Design Standards on file with the Community Development Department.
(Ord. 2024-09, 05-01-2024)
(Ord. 2023-43, 12-20, 2023) (Ord. 1977-18, 10-19-1977)
(2) Until a preliminary subdivision is approved:
(b) No lot, tract, or parcel of land within any subdivision shall be offered for sale, nor shall any sale, contract for sale, or option be made or given.
(6) Lots and parcels created and divided as allowed under state law without City land use approval pursuant to this Chapter shall not enjoy the rights otherwise vested by compliance with this Chapter. Owners of such lots or parcels may acquire vested rights by obtaining approval of a preliminary subdivision and final subdivision, or a minor subdivision. Such lots or parcels shall be subject to all City regulations concerning the development of subdivided land.
(Ord. 2023-43, 12-20, 2023) (Ord. 2015-07, 03-18-2015) (Ord. 2010-05, 06-02-2010) (Ord. 1977-18, 10-19-1977)
(2) Where the conditions imposed by any provision of this Chapter upon the use of land are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of this Chapter or of any other law, ordinance, resolution, rule, or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall govern.
(3) This Chapter shall not abrogate any easement, covenant, or any other private agreement, provided that where the regulations of this Chapter are more restrictive or impose higher standards or requirements than such easements, covenants, or other private agreements, this Chapter shall govern.
(Ord. 2023-43, 12-20, 2023) (Ord. 1977-18, 10-19-1977)
(Ord. 2023-43, 12-20, 2023) (Ord. 1977-18, 10-19-1977)
(2) "May not" is prohibitive.
(3) "Must" indicates a mandatory requirement.
(4) "Shall is mandatory and not discretionary.
(5) “Used for” shall include the phrases “arranged for, designed for, designated for, intended for, maintained for, occupied for, and similar phrases.”
(Ord. 2023-43, 12-20, 2023) (Ord. 2013-16, 11-06-2013) (Ord. 1977-18, 10-19-1977)
(2) Property Line Adjustments. Applications to adjust property lines between adjacent properties:
(a) where one or more of the affected properties is included within a prior recorded subdivision plat, property line adjustment may only be accomplished upon the recordation of an amended plat that conforms to the standards outlined in this Section and following approval of an amended plat according to the standard plat approval process outlined elsewhere within this Chapter; or,
(b) where all of the affected properties are parcels of record, may be accomplished upon approval, execution, and recordation of appropriate deeds describing the resulting properties, upon compliance with the standards outlined in this Section, and following approval according to the terms of this Section prior to recordation.
by the adjustment have access to a public or private street or right-of-way;
adjacent to the properties involved in the adjustment.
(b) An application for a property line adjustment involving parcels of record shall include at least the following forms and documentation:
(i) a completed application form for a property line adjustment;
(ii) a copy of all deeds and recorded documents establishing each parcel of record in its current state, including property descriptions for each parcel;
(iii) a scaled drawing showing the current state of all parcels involved in the proposed property line adjustment graphically with their respective property descriptions;
(iv) a proposed and recordable deed document, including a legal description, for each parcel involved in the proposed property line adjustment detailing the proposed layout for the parcel, including its proposed property description, which has been signed by all involved property owners, and notarized; and,
(v) a scaled drawing showing the proposed layout of all parcels involved in the proposed property line adjustment graphically with their respective property legal descriptions.
(6) Notice of Approval and Conveyance of Title. After approval by the Zoning Administrator, the applicant shall:
(a) record the appropriate deeds which convey title as approved by the Zoning Administrator; and,
(b) record a Notice of Approval with the deed for each parcel within the property line adjustment application that:
(i) is prepared, signed, and executed by the Zoning Administrator;
(ii) contains the notarized signature of each property owner involved in the property line adjustment; and,
(iii) recites the legal description and parcel number of both of the original parcels and of the parcels created by the property line adjustment.
(8) All property line adjustment shall preserve existing easements and provide for new easements for public improvements and other utilities serving the affected parcels.
(9) In the alternative to this Section, property owners may accomplish a lot line adjustment following the procedures established by State of Utah statute.
(Ord. 2023-43, 12-20, 2023) (Ord. 2013-16, 11-06-2013)
(Ord. 2023-43, 12-20, 2023) (Ord. 2010-05, 06-02-2010) (Ord. 1981-24, 06-11-1981)
the proposed subdivision complies with all City regulations for the subdivision of land. The scope of the
preliminary subdivision shall include primarily the uses of land, and the density and configuration of those uses. All application requirements are intended to address that scope.
(2) Pre-application Review. For all proposed subdivisions, a subdivider may schedule a pre-application
meeting with the Community Development Department. The purpose of the meeting is to assist the subdivider by discussing in general terms the City’s requirements for a proposed subdivision, and to identify any major impediments to the subdivision’s approval as proposed. A conceptual illustration and narrative shall be submitted to the City prior to the meeting. This submission is not a land use application. The City makes no commitments, grants no approvals, makes no appealable decisions, and vests no rights during this review.
(3) Land Use Application.
(a) The subdivider seeking preliminary subdivision approval shall submit a preliminary subdivision application. The application shall comply with all City land use, density, and configuration requirements of the General Plan and this Code.
(b) A complete preliminary subdivision land use application shall include the following:
(i) an application on an approved City preliminary subdivision application form;
(ii) all data and information listed on the City preliminary subdivision application checklist;
(iii) a preliminary subdivision plat, not to be recorded, containing the information and formatting
required by this Chapter and by the preliminary subdivision checklist;
(iv) payment of the preliminary subdivision review fee, water modeling fee, and sewer modeling fee; and,
(v) evidence that the subdivider owns or has the ability to acquire municipal water rights sufficient for the development and construction of the subdivision.
Commission.
(b) Prior to Planning Commission review, the applicant shall deliver copies of the proposed preliminary
subdivision plat to the Community Development Department that demonstrates a signed review by, and any comments from, the Tooele Post Office, Tooele County School District, County Surveyor, County Recorder, Health Department, and all non-City utilities anticipated to provide utility service to the subdivision.
(c) A preliminary subdivision application complying with all Tooele City regulations shall be approved. Any application not complying with all City regulations may not be approved.
(d) The Planning Commission chair shall sign the approved preliminary subdivision plat, except that if
the chair voted against approval, the senior approving member shall sign the plat.
(b) Where a preliminary subdivision contemplates more than one final subdivision phase, the subdivider shall submit a completed final subdivision application for a second or subsequent phase within the scope of the same preliminary subdivision within two years of acceptance of public improvements from the previous final subdivision phase. Prior to the two years expiring, the land use authority may grant an extension in a public meeting, not to exceed six months, upon written request of the subdivider and payment of the extension review fee. Failure to timely submit the second or subsequent final subdivision application shall cause the approval for all un-platted portions of the preliminary subdivision to automatically lapse and expire and become of no further force or effect. Thereafter, the subdivider must submit a new preliminary subdivision land use application, including the payment of all fees.
02-2010) (Ord. 2005-06, 05-18-2005) (Ord. 1998-35, 10-07-1998) (Ord. 1998-17, 07-01-1998) (Ord. 1977-18, 10-19-1977)
(Ord. 2023-43, 12-20, 2023) (Ord. 2021-03, 01-20-2021) (Ord. 2015-07, 03-18-2015) (Ord. 2010-05, 06-02-2010) (Ord. 2005-06, 05-18-2005) (Ord. 1998-35, 10-07-1998)
(2) Conformity to preliminary subdivision. The final subdivision shall conform substantially to the uses, densities, and configurations of the approved preliminary subdivision. Substantial nonconformity shall include increases in density of five percent or more, changes in use requiring a change of zoning, and any substantial reconfiguration of public streets.
(a) The subdivider seeking final subdivision approval shall submit a final subdivision application. The application shall comply with all City requirements of this Code for the subdivision and development of land.
(b) A complete final subdivision application shall include the following:
(i) an application on an approved City final subdivision application form;
(ii) all data and information listed on the City final subdivision application checklist;
(iii) the payment of final subdivision review fees; and,
(iv) evidence that the subdivider owns municipal water rights sufficient for the development and construction of the subdivision.
(b) Any final subdivision application complying with all Tooele City regulations shall be approved. Any application not complying with all City regulations may not be approved.
(8) Plat Recordation – deadline – revocation – costs.
(a) The subdivider shall deliver to the City the fully executed final subdivision plat mylar within 90 days of final subdivision approval. Failure of the subdivider to fully execute the final plat mylar, or to deliver the fully executed final plat mylar to the City, within the specified 90 days, shall result in the automatic revocation of, and shall void, the final subdivision approval.
(b) No changes to the approved final subdivision plat mylar may be made without the written approval of the City.
(c) Tooele City shall promptly record an approved, fully-executed final subdivision plat mylar with the Tooele County Recorder upon the occurrence of the following:
(i) a statement from the subdivider of desired timing for recording the plat;
(ii) execution of a bond agreement, as applicable, pursuant to Section 7-19-12, above;
(iii) payment of all fees associated with the recordation of the final subdivision plat mylar;
(iv) conveyance of water rights pursuant to Chapter 7-26; and,
(v) all City signatures on the final subdivision plat mylar.
(Ord. 2023-43, 12-20, 2023) (Ord. 2020-05, 04-01-2020) (Ord. 2015-07, 03-18-2015) (Ord. 2010-05, 06-02-2010) (Ord. 2005-06, 05-18-2005) (Ord. 1998-35, 10-07-1998) (Ord. 1993-04, 05-04-1993)
(1) As part of the final subdivision application review, the subdivider shall submit plans and specifications to the Community Development Department.
(2) No public improvements may be constructed prior to final subdivision approval.
(3) All public improvements shall shall be completed within one year from the date of final subdivision approval. The final subdivision land use authority may grant a maximum of two six-month extensions upon receipt of a written petition and payment of an extension review fee, and upon a finding of unusual circumstances. Petitions for extension must be filed with the Community Development Department prior to expiration of the one-year period, if no extension has been approved, or of an approved six-month extension. If the public improvements are not completed with the time allowed under this Section, further final subdivisions may not be approved within the preliminary subdivision in which the public improvements are incomplete. When the public improvements have been 100% completed and accepted within the final subdivision, another final subdivision for another phase within the same preliminary subdivision may be requested.
(c) Where public improvements are constructed prior to plat recordation, without a bond and bond agreement, under no circumstances may they be connected to the City’s existing water distribution, sewer collection, storm drain collection, and streets systems located within City right-of-way or easements without bonding under this Section for the connections.
(i) the subdivider design engineer's estimated cost of the public improvements to be constructed, as reviewed and approved by the City Engineer or designee; and,
(b) The one-year warranty period shall commence on the date of a Certificate of Completion and Acceptance signed by the following:
(10) The City Attorney may sign the final subdivision plat mylar upon 100% of the public improvements being completed and/or bonded in accordance with this Section, and with the warranty bond amount received.
(Ord. 2023-43, 12-20, 2023) (Ord. 2021-11, 05-05-2021) (Ord. 2020-05, 04-01-2020) (Ord. 2015-07, 03-18-2015) (Ord. 2014-10, 01-07-2015) (Ord. 2013-10, 06-05-2013) (Ord. 2010-05, 06-02-2010) (Ord. 2004-02, 01-07-2004) (Ord. 2000-24, 12-06-2000) (Ord. 1998-21, 07-01-1998) (Ord. 1996-26, 12-04-1996) (Ord. 1977-18, 10-19-1977)
(2) Application for Reimbursement. Developers required to install Eligible Public Improvements may be entitled to reimbursement pursuant to this Section, provided that:
(a) the Construction Costs of the Eligible Public Improvements required by the City as a condition of development approval exceeds the Construction Cost of the City’s required minimum standards and specifications for the Eligible Public Improvements by 10% or more; and,
(b) the Cost Differential exceeds $5,000; and
(c) the Eligible Public Improvements are constructed within the Tooele City Corporate Limit; and
(d) the Subsequent Developer’s development receives City approval within eight years from the date of City approval of the development for which the Eligible Public Improvements were required; and,
(e) the Prior Developer files an Application for Reimbursement in the office of the Director of Public Works or City Engineer.
(3) Application for Reimbursement.
(a) Developers satisfying the above criteria may apply for reimbursement for recovery of a pro-rata share of the Cost Differential, minus the Depreciation Value, from a Subsequent Developer to the extent that the Subsequent Developer did not share in the Construction Cost of the Eligible Public Improvements.
(b) Notwithstanding other provisions of this Section to the contrary, subdivisions of ten lots or less, or single-lot developments, that are required by the City to fully improve a road right-of-way (i.e. road base, road surface, curb, gutter) are eligible to apply for and receive reimbursement for the Construction Cost of that portion of the road improvements that directly benefit subsequent development located adjacent to the road improvements, minus the Depreciation Value.
(4) The Application for Reimbursement shall be made on a form approved by the City Attorney, and shall include the following information:
(a) a brief description of the Eligible Public Improvements which may directly benefit future development; and,
(b) an engineer’s written estimate of the Construction Cost of the Eligible Public Improvements, or an affidavit of the actual Construction Cost of the Eligible Public Improvements plus copies of receipts and paid invoices. Both the estimated and /or actual Construction Cost must be approved by the Director of Public Works or City Engineer.
(5) An Application for Reimbursement is not retroactive and may not seek reimbursement for uses or land development activities which exist as of, or have been approved by the City Council prior to, the effective date of the Application for Reimbursement.
(6) After an Application for Reimbursement is filed, the Prior Developer shall be under an affirmative duty to deliver to the City written notice of the identity of any development which the Prior Developer has knowledge or reason to believe will benefit from Public Improvements installed by the Prior Developer, and whether and to what extent the Subsequent Developer should share in the Cost Differential. The notice must be delivered to the Public Works Director or City Engineer prior to or with the benefitting development’s final subdivision plat application or, in the case of a site plan, prior to the issuance of a building permit.
(7) When the Prior Developer has complied with the provisions of this Section, the City will make a reasonable effort to collect the Subsequent Developer’s pro-rata share of the Cost Differential, minus the Depreciation Value, on behalf of the Prior Developer.
(8) Before making any payments to the Prior Developer pursuant to this Section, the City shall retain from amounts collected from a Subsequent Developer an administrative fee in the amount of 10% of said amounts collected, with a minimum administrative fee of $100.
(9) Before making any payments to the Prior Developer pursuant to this Section, the City shall make a determination whether the Prior Developer has any outstanding financial obligations towards, or debts owing to, the City. Any such obligations or debts, adequately documented, shall be satisfied prior to making payment to the Prior Developer, and may be satisfied utilizing amounts collected by the City on behalf of the Prior Developer pursuant to a Reimbursement Application.
(10) The City reserves the right to refuse any incomplete Application for Reimbursement. All completed Applications for Reimbursement shall be made on the basis that the Prior Developer releases and waives any claims against the City in connection with establishing and enforcing reimbursement procedures and collections.
(11) The City shall not be responsible for locating any beneficiary, survivor, assign, or other successor in interest entitled to reimbursement. Any collected funds unclaimed after one year from the expiration of the Application for Reimbursement shall be returned to the Subsequent Developer from which the funds were collected minus the City administration fee. Any funds undeliverable to a Prior Developer, or to a Subsequent Developer from which the funds were collected, whichever the case, shall be credited to the City enterprise fund corresponding to the Eligible Public Improvements for which the funds were collected, as determined by the Finance Director.
(12) Political subdivisions of the state of Utah (e.g. Tooele City Corporation) that construct Eligible Public Improvements shall be considered Prior Developers for purposes of this title, and may file Reimbursement Applications and receive reimbursement under the provisions of this Chapter.
(13) Public Improvements required as a condition of annexation are not eligible for reimbursement pursuant to this Section.
(14) All City development approvals, including, but not limited to, subdivisions and site plans, shall be conditioned upon and subject to the payment of appropriate reimbursement amounts as determined in accordance with this Section.
(15) A Subsequent Developer may protest in writing the assertion of a Prior Developer that the Subsequent Developer will benefit from Eligible Public Improvements constructed by the Prior Developer. Protests should be delivered to the Public Works Director or City Engineer, and must include documentation sufficient to demonstrate that the Subsequent Developer’s development will derive no benefit, or a lesser benefit than asserted, from the Prior Developer’s Eligible Public Improvements. The Public Works Director or City Engineer will decide the matter, whose decision shall be final.
(Ord. 2020-05, 04-01-2020) (Ord. 2015-07, 03-18-2015) (Ord. 2005-06, 05-18-2005) (Ord. 1999-35, 12-01-1999) (Ord. 1998-35, 10-07-1998) (Ord. 1997-13, 04-02-1997)
(2) Application. Should the applicant for any submitted preliminary or final subdivision application fail to resubmit corrected plans or application materials from any City review of the application within 180 calendar days from the return of that City review, the application shall be deemed abandoned and lapsed for lack of diligence. Prior to an application being deemed abandoned, the Community Development Department shall provide to the applicant a notice of potential abandonment at least 30 calendar days prior to abandonment. Following abandonment, the City shall determine the expended portion of fees paid through all efforts involved with the application up to and including the process of abandonment. All unexpended application fees will be refunded to the applicant. For the purpose of entitlements by this Chapter, abandoned applications shall be considered as if having never been submitted for review. An abandoned application may be resubmitted as a new application at any time following abandonment, including the payment of new application fees and a complete new package of application materials, and shall be subject to all regulations and requirements applicable on the date of the new application submission.
(Ord. 2023-43, 12-20, 2023) (Ord. 2021-02, 01-20-2021) (Ord. 2020-05, 04-01-2020) (Ord. 2010-05, 06-02-2010) (Ord. 1977-18, 10-19-1977)
(Ord. 2023-43, 12-20, 2023) (Ord. 2020-05, 04-01-2020) (Ord. 2015-07, 03-18-2015) (Ord. 2010-05, 06-02-2010) (Ord. 1998-33-B, 10-07-1998) (Ord. 1977-18, 10-19-1977)
(Ord. 2023-42, 12-20, 2023) (Ord. 2015-07, 03-18-2015) (Ord. 1977-18, 10-19-1977)
(a) Double-frontage lot: a residential lot that abuts more than one public right-of-way or private road on opposite sides of the lot. “Double-frontage lot” includes corner lots adjacent to other double-frontage lots. “Double-frontage lot” does not include lots whose secondary frontages are on roads that are designated as alleys that do not require sidewalk access and that serve primarily as private access to the rear of lots.
(b) Primary frontage: the portion of a residential lot abutting a public right-of-way or private road that contains the main pedestrian entry to a residence.
(c) Secondary frontage: the portion of a residential lot abutting a public right-of-way or private street that is not the principle frontage.
(i) The concrete color shall be of earth-tones, to include tan, light brown, beige, and similar colors, but shall not include yellow, pink, blue, green, and similar bright colors.
(ii) The concrete texture shall simulate cobblestone, variegated slate squares and rectangles, brick, or similar pattern.
(iii) The park strip concrete thickness shall be a minimum of four inches.
(iv) The park strip shall contain a decorative metal grate around each park strip tree. The grate shall be chosen from a list of City-approved grate types, the list being on file with the Public Works Department.
(ii) Park strip trees shall be spaced not more than 40 feet apart and not less than 30 feet apart, or as called for in the Tooele City Street Tree Selection Guide.
(iii) Park strip tree size, bonding, and other details not address in this Section shall be as provided in Tooele City Code Sections 4-11a-2 and 7-19-26, as amended.
(iv) The park strip shall include an irrigation system for park strip tree irrigation. The underground piping shall be placed within conduit located beneath the park strip. The irrigation system shall include meters, meter vaults, power, valve boxes, irrigation heads, and other necessary components to provide a fully functioning irrigation system. Irrigation to park strip trees shall be a drip-style irrigation system.
(a) Home Owners Association. As a condition of final subdivision plat approval, every subdivision with double-frontage lots shall be required to form and fund a home owners association (HOA). At a minimum, the HOA shall maintain and perform at its cost, for the life of the HOA, the following items: park strip, park strip trees and grates, park strip irrigation system, park strip water bill, fencing wall, sidewalk, and sidewalk snow removal. The HOA articles shall provide for a minimum HOA existence of 30 years.
(b) Covenants, Conditions, and Restrictions. As a condition of final subdivision plat approval, every subdivision with double-frontage lots shall be required to record against all lots within the subdivision covenants, conditions, and restriction (CCRs). A copy of the recorded CCRs will be provided to the City. At a minimum, the CCRs shall provide for the perpetual maintenance and maintenance funding of the following items: park strip, park strip trees and grates, park strip irrigation system, park strip water bill, fencing wall, sidewalk, and sidewalk snow removal.
(c) If the HOA fails to enforce the CCRs pertaining to maintenance and maintenance funding for a period of three months or more, the City may bring an action in court to compel the HOA to fund and perform its maintenance obligations.
(d) Special Service District Maintenance. Where a double-frontage lot is included in an existing special service district that maintains some or all of the public improvements adjacent to a secondary frontage, the portions of the public right-of-way located behind the curb and gutter and abutting the secondary frontage shall be maintained in perpetuity by the district.
(2) Easements shall be designed to provide continuity from block to block.
(4) Obtaining new easements or preserving existing easements shall be a requirement of all boundary line adjustments under this Chapter.
(Ord. 2015-07, 03-18-2015) (Ord. 1987-24, 01-02-1988) (Ord. 1977-18, 10-19-1977)
(2) Lots abutting a watercourse, drainage way, channel or stream shall have a minimum width or depth, as required, to provide an adequate building site and to afford the minimum usable area required by ordinance for front, side, and rear yards.
(3) All corner lots shall be sufficiently larger than others so as to allow for building set-back lines on both streets as provided in Section 7-6-6 of the Tooele City Code.
(4) All lots shall abut on an adequate public or private access, as approved by the City Engineer, Public Works Director, or Community Development Director.
(5) Double frontage and reverse frontage lots shall be avoided except where essential to provide separation or residential development from highways or primary thoroughfares or to overcome specific disadvantages of topography and orientation. A planting screen easement of at least ten feet, and across which there shall be no right of vehicular access, which easement shall be specifically set forth in the deed to each lot, shall be provided along the real lot lines of lots abutting such highways and major thoroughfares.
(6) Side lot lines shall be substantially at right angles or radial to street lines.
(7) See also the lot standards contained in Chapter 7-2 of this Code.
(2) Flag Lots. In order to encourage the more efficient use of land, flag lots are allowed subject to the following conditions:
(b) The staff shall intersect with and be contiguous to a dedicated public street. The minimum paved width of the staff portion of flag lots shall be 20 feet where the maximum staff length is less than 150 feet, and 26 feet where the staff length is greater than 150 feet but less than 220 feet maximum, unless otherwise approved by the Planning Commission and fire department upon a showing of unusual circumstances.
(f) The staff shall be deemed to end and the flag shall be deemed to commence at the extension of the front lot line across the staff.
(g) The flag square footage shall be the same or greater than the minimum square footage as required in the underlying zone, exclusive of the staff.
(h) The minimum front setback for all building shall be 30 feet, excluding the staff, from the front lot line of the flag. All other setbacks shall be those of the underlying zone.
(i) The building setbacks shall provide 20-foot minimum vehicle parking in front of the garage, exclusive of the Fire Access Restricted Area.
(j) No more than two flag lots may be served by one staff.
(k) Except in In-Fill Geographic Areas A and B, no more than two flag lots may be contiguous to each other where the common or separate staffs connect to the same public street.
(l) No staff may be contiguous to another staff.
(m) Figures 1 and 2 are examples of a “flag lot” requirements and are included herein for illustration purposes.
(n) A fire hydrant shall be installed at the public ROW portion of the staff, unless otherwise approved by the Fire Department.
(p) A maximum slope of 10% shall be allowed within the staff portion of the flag lot and 4% within the turn-around portion of the Fire Access Restricted Area.
(q) All provisions of the currently applicable fire code shall be met, particularly those regarding the distance a primary structure can be located from a fire hydrant, and fire apparatus access ways and turnarounds.
(Ord. 2023-43, 12-20, 2023) (Ord. 2015-07, 03-18-2015) (Ord. 2009-07, 04-01-2009)
(Ord. 2023-43, 12-20, 2023) (Ord. 2015-07, 03-18-2015) (Ord. 2010-05, 06-02-2010) (Ord. 1998-33-B, 10-07-1998) (Ord. 1977-18, 10-19-1977)
(Ord. 2023-43, 12-20, 2023) (Ord. 2015-07, 03-18-2015) (Ord. 1987-24, 01-02-1988) (Ord. 1977-18, 10-19-1977)
(Ord. 2015-07, 03-18-2015) (Ord. 1977-18, 10-19-1977)
(2) (a) The commercial or industrial subdivision developer shall be responsible for the cost of purchasing and planting trees on both sides of all proposed subdivision streets within all park strip areas, except where there are existing trees acceptable to the Director of the Parks and Recreation Departments. Newly planted trees shall not be farther apart than 35 feet. Trees planted in park strip areas shall be of a type listed in the Tooele City Street Tree Selection Guide. Newly planted trees shall not be less than two inches in caliper, measured one foot from the ground, and shall not be shorter than eight feet in height. Trees shall be planted during a season of the year when it reasonably can be expected that they will survive. In no case shall trees be planted sooner than seven days prior to the issuance of an occupancy permit for any structure on the property appurtenant to the park strip.
(b) Commercial or industrial subdivision developers shall do one of the following to ensure compliance with the park strip tree requirement:
(i) post a bond in accordance with the provisions of Section 7-19-12 of the Tooele City Code, in the amount of $200 per required park strip tree; or
(ii) make a non-refundable payment to Tooele City in the amount of $200 per required tree, which shall be used by the Director of the Parks and Recreation Department to plant trees within the park strips of the subdivision.
(Ord. 2015-07, 03-18-2015) (Ord. 1987-24, 01-02-1988) (Ord. 1977-18, 10-19-1977)
(Ord. 2015-07, 03-18-2015) (Ord. 1977-18, 10-19-1977)
(2) All lots and properties including property reserved for public use or purchase shall be supplied with water service sufficient to meet the future anticipated uses of said property.
(Ord. 2015-07, 03-18-2015) (Ord. 1987-24, 01-01-1988) (Ord. 1977-18, 10-19-1977)
(Ord. 2015-07, 03-18-2015) (Ord. 1987-24, 01-02-1988) (Ord. 1977-19, 10-19-1977)
(Ord. 2023-43, 12-20, 2023) (Ord. 2020-05, 04-01-2020) (Ord. 2015-07, 03-18-2015) (Ord. 2010-05, 06-02-2010) (Ord. 1977-18, 10-19-1977)
(a) the completion of the construction of all required public improvements, in accordance with the land use approval, City standards and specifications, and the approved engineering plans and specifications associated with the land use application;
(b) the submission to the City Engineer or Public Works Director by the design engineer engaged by the subdivider, builder, or land developer of three certified sets of as-built plans, as well as an AutoCAD copy of such as-built plans associated with the land use application;
(c) a start-of-warranty inspection by a City inspector indicating that the public improvements have been satisfactorily completed in accordance with the land use approval, City standards and specifications, and the approved engineering plans and specifications; and,
(d) a fully signed Certificate of Completion and Acceptance referencing the completed public improvements.
(Ord. 2020-05, 04-01-2020) (Ord. 2015-07, 03-18-2015) (Ord. 2014-10, 01-07-2015) (Ord. 2004-02, 01-07-2004) (Ord. 1977-18, 10-19-1977)
(Ord. 2023-43, 12-20, 2023) (Ord. 2015-07, 03-18-2015) (Ord. 2004-02, 01-07-2004)
(Ord. 1980-24, 06-24-1980)
Corrections of building code violations and upgrading of safety or common functional elements of the structure is of prime importance. In addition, conversion of existing apartments or similar multi- family rental dwelling structures into condominiums, have had the effect and increase the potential of displacing long-term residents, especially senior citizens, who face the City’s shortage of replacement rental housing. That shortage, combined with withdrawal of the private sector from the rental market because of conversion, places additional pressure upon the public sector, to which public agencies involved with housing need time to respond. Therefore, it is the purpose of this ordinance to regulate conversion to promote the safety and revitalized use of the City’s structures for the benefit of increased home ownership opportunity while attempting to mitigate the human hardship of misplacement by reasonable notice and disclosure requirements.
(Ord. 1980-24, 06-24-1980)
(Ord. 1980-24, 06-24-1980)
(2) Two (2) copies, signed in the original, or the proposed condominium declarations and bylaws, together with a copy of the documents recorded after final approval.
(3) Where conversion of an existing building is proposed as part of the condominium project, a property report for each conversion project including the information required by the International Building Code as amended herein, shall be submitted as part of the application together with the plan for proposed improvements renovations and repairs.
(4) Proof of notice to tenants required by Section 7-20-11 below shall be required before final approval, but may be submitted at owner/developer’s option after preliminary approval is obtained.
(5) Filing fees. To assist the City to defray costs involved with the review of the project, fees shall be submitted with the application in the following amounts:
$5.00 per unit (1-10 units); plus,
$2.00 per unit over 10 units.
(7) Repealed. (Ord. 1993-04, 05-04-1993)
(Ord. 2004-15, 10-20-2004)
(Ord. 1980-24, 06-24-1980)
(Ord. 2004-15, 10-20-2004); (Ord. 1980-24, 06-24-1980)
(Ord. 2016-15, 10-19-2016) (Ord. 1980-24, 06-24-1980)
(2) When an administrative approval is not appropriate under (1) above, the City Engineer shall submit the reports and recommendations of the City Engineer and City Attorney before a hearing of the Planning Commission for consideration of preliminary approval or modifications thereof. If the Planning Commission finds that approval is recommended by the City Engineer and City Attorney, and that the project is in compliance or has presented approved plans which will bring the structures into compliance with applicable zoning, building, health or subdivision ordinances and requirements, the Planning Commission may grant preliminary approval and it may impose appropriate conditions subsequent as part of its approval. Such conditions may include correction of violations, appropriate amendment to declarations and the submission of Notice of Intent to tenants, etc., to be completed prior to final approval.
(3) The effect of preliminary approval shall entitle the owner/developer to proceed with obtaining building permits, giving notice to tenants and preparing documents for final approval, and to otherwise proceed with the project with all aspects thereof being subject and conditioned upon final approval.
(Ord. 1980-24, 06-24-1980)
(2) By City Engineer. After preliminary approval, the City Engineer shall be responsible to monitor conditions of preliminary approval to insure compliance therewith prior to presentation to the Planning Commission and City Council for final approval. All violations of existing ordinances shall be corrected and requirements shall be completed prior to final approval, or shall be corrected or completed as a condition of final approval prior to submission to City Council or shall be bonded according to the criteria and standards set forth in (A) above. The sixty (60) day notice period required in Section 7-20-11 shall commence from the latest date of notice to any tenant and must elapse prior to submission of the condominium project to the Planning Commission for final approval.
(Ord. 1980-24, 06-24-1980)
(Ord. 1980-24, 06-24-1980)
(2) Contents. Such notice shall include:
(Ord. 1980-24, 06-24-1980)
(2) Upon filing, a copy of the appeal form shall be forwarded to the Tooele Housing Authority for relocation advice and assistance. That Authority shall within ten days forward to the administrative hearing officer a statement of its report and recommendation.
(3) Upon filing of an appeal, the building official shall institute an investigation to determine if the notice requirements were satisfied. The building official shall then report his findings to the administrative hearing officer within 10 days of filing the appeal.
(4) The administrative hearing officer shall fix a reasonable time for the hearing of the appeal, give due notice to the appellant and to the owner/developer of the condominium project, and shall, at the hearing, review the appeal together with Agency and department reports, recommendations, and related permit or subdivision applications and shall decide the same within 30 days from the date of filing of the appeal.
(5) The administrative hearing officer, with regard to hearing the appeal, may:
(Ord. 2016-15, 10-19-2016) (Ord. 1994-56, 01-31-1995) (Ord. 1988-18, 07-06-1988)
(2) All departments, officials and public employees of the City, vested with the duty or authority to approve or issue permits, shall conform to the provisions of this Code and shall neither accept applications nor approve or issue any permit or license for use, construction or any purpose in conflict with the provisions of this Code. Any such Map, permit or license, issued or approved in conflict with the provisions of this Code shall be null and void.
(3) Repealed. (Ord. 91-08, 12-12-91)
(4) The City Engineer or the Building Official shall have the authority to enforce this Code against violations thereof by any of the following actions:
(Ord. 1991-08, 12-12-1991) (Ord. 1980-24, 06-24-1980)
(2) If the application of any provisions or provisions of this Chapter to any person, property or circumstances is found to be unconstitutional or invalid or ineffective in whole or in part by any Court of competent jurisdiction, or other competent agency, the effect of such decision shall be limited to the person, property or circumstances immediately involved in the controversy, and the application of any such provision to other persons, properties and circumstances shall be unaffected.
(Ord. 1980-24, 06-24-1980)
(Ord. 1980-24, 06-24-1980)
(Ord. 2000-20, 12-06-2000); (Ord. 87-16, 11-05-87)
(Ord. 2000-20, 12-06-2000); (Ord. 84-01, 01-17-84)
(3) The Deferral Agreement and Release shall be recorded by the Community Development Director, or designee, in the offices of the Tooele County Recorder.
(Ord. 2015-19, July 15, 2015) (Ord. 2004-19, 11-17-04)
(Ord. 1982-17, 07-16-1982) (Ord. 1982-16, 07-07-1982)
(Ord. 1982-17, 07-16-1982) (Ord. 1982-16, 07-07-1982)
(Ord. 2016-15, 10-19-2016) (Ord. 1982-17, 07-16-1982) (Ord. 1982-16, 07-07-1982)
(ii) sanitary water system, including collection and treatment;
(iii) storm water retention, detention, and drainage;
(iv) parks and recreation;
(v) police response;
(vi) fire response;
(vii) fiscal and tax;
(viii) others as determined by the City Council.
(Ord. 2022-10, 05-04-2022) (Ord. 1984-01, 01-04-1984) (Ord. 1975-12, 05-12-1975)
(Ord. 2022-10, 05-04-2022) (Ord. 1984-01, 01-04-1984) (Ord. 1975-12, 05-12-1975)
(2) The City Recorder shall cause the Agreement to be recorded with the Tooele County Recorder.
(Ord. 2022-10, 05-04-2022) (Ord. 1998-31, 08-18-1998) (Ord. 1996-22, 11-6-1996) (Ord. 1995-20, 12-15-1995)
(Ord. 1994-27, 12-19-1994)
(2) It is the purpose of this Chapter to promote the public health, safety, and general welfare through a comprehensive system of reasonable, consistent, and nondiscriminatory sign standards and requirements. These sign regulations are intended to:
(4) This Chapter is not intended to regulate building design, official traffic signs, political signs not located in the public right-of-way, the copy and message of signs, signs not intended to be viewed from a public right-of-way, window displays, product dispensers and point of purchase displays, scoreboards on athletic fields, flags of any nation, government, or noncommercial organization, gravestones, religious symbols, commemorative plaques, the display of street numbers, or any display or construction not defined herein as a sign.
(Ord. 2013-03, 06-19-2013); (Ord. 2010-06, 05-19-2010); (Ord. 1994-27, 12-19-1994)
“A-frame sign” means a portable sign made of two pieces connected by hinges or other hardware and forming the shape of a capital “A” or an inverted “V” when in use.
“Abandoned sign” means a sign which no longer appears to identify, provide directions to, or advertise a current business establishment, service, product, good, event, or activity, or for which no legal owner or lessor can be found upon reasonable diligence.
“Animated sign” means a sign or display manifesting either kinetic or illusionary motion occasioned by natural, manual, mechanical, electrical, or other means. Animated signs include:
(1) “naturally energized” signs whose motion is activated by wind or other atmospheric impingement. Wind driven signs include flags, sails, fins, banners, pennants, streamers, spinners, whirligigs, metallic disks, or other similar devices designed to move in the wind;
(2) “mechanically energized” signs manifesting a repetitious pre-programmed physical movement or rotation in either one or a series of planes activated by means of mechanically based drives; and,
(3) “electrically energized” signs which are illuminated signs whose motion or visual impression of motion is activated primarily by electrical means. Electrically energized animated signs are of two types:
(a) “flashing signs” which are illuminated signs exhibiting a pre-programmed repetitious cyclical interruption of illumination from one or more sources in which the duration of the period of illumination is either the same as or less than the duration of the period of darkness and in which the intensity of illumination varies from zero to 100% during the programmed cycle; and
“Awning” means a shelter projecting from and supported by the exterior wall of a building constructed of rigid or nonrigid materials on a supporting framework.
“Awning sign” means a sign painted on, printed on, or attached flat against the surface of an awning.
“Back lit awning” – see “electric awning sign.”
“Banner sign” means a sign made of fabric or any nonrigid material with no enclosing framework.
“Billboard” – see “off-premise sign.”
“Building” means any structure used or intended to be used for the shelter or enclosure of persons, animals, or property.
“Canopy (building)” means a rigid multi-sided structure covered with fabric, metal, or other material and supported by a building at one or more points or extremities and by columns or posts embedded in the ground at other points or extremities. It may be illuminated by means of internal or external sources.
“Canopy (freestanding)” means a rigid multi-sided structure covered with fabric, metal, or other material and supported by columns or posts embedded in the ground. It may be illuminated by means of internal or external sources.
“Canopy sign” means a sign affixed or applied to the exterior facing surface or surfaces of a building or freestanding canopy.
“Changeable copy sign” means a sign whose informational content can be changed or altered by manual or electric, electro-mechanical, or electronic means. Changeable signs include:
(1) “manually activated signs” whose alphabetic, pictographic, or symbolic information content can be changed or altered by manual means;
“City” means the City of Tooele unless the context clearly discloses a contrary intent.
“Civic Organization” means a community-based company, club, committee, association, corporation, or any other organization or group of persons acting in concert which is composed of persons who are members thereof on a voluntary basis and which is primarily established to further educational, charitable, religious, cultural, or local economic development purposes.
“Clearance” (of a sign) means the smallest vertical distance between the grade of the adjacent street, highway, sidewalk, or street curb and the lowest point of any sign, including framework and embellishments, extending over that grade.
“Clear view zone” means the area of a corner lot closest to the intersection which is kept free of visual impairment or obstruction in order to allow full view by both pedestrian and vehicular traffic, as further described in Tooele City Code Section 7-2-11.
“Closing sale sign” means a sign advertising a closing sale regulated by Chapter 4-3.
“Construction sign” means a temporary sign identifying an architect, contractor, subcontractor, and/or material supplier participating in construction on the property on which the sign is located.
“Copy” means the graphic content of a sign surface in either permanent or removable letter, pictographic, symbolic, or alphabetic form.
“Department” means the Tooele City Community Development Department or successor department.
“Directional/information sign” means an on-premise sign giving directions, instructions, or facility information and which may contain the name or logo of an establishment but no advertising copy, e.g., parking or exit and entrance signs. Such signs may contain logo provided that the logo may not comprise more than 20% of the total sign area.
“Director” means the Director of the Community Development Department or authorized designee.
“Double-faced sign” means a sign with two faces essentially back-to-back.
“Dwell time” means the length of time that elapses between changes in the text, images, or graphics on an electronic sign.
“Electric awning sign” or “back lit awning” means an internally illuminated fixed space-frame structure with translucent, flexible reinforced covering designed in awning form and with graphics or copy applied to the visible surface of the awning.
“Electrical sign” means a sign or sign structure in which electrical wiring, connections or fixtures are used.
“Electronic message center” – see “changeable copy signs, electrically activated.”
“Electronic sign” or “digital sign” means any sign, video display, projected image, or similar device with text, images, or graphics generated by solid state electronic components. Electronic signs include, but are not limited to, signs that use light emitting diodes (LED), plasma displays, fiber optics, or other technology that results in bright, high-resolution text, images, and/or graphics.
“Facade” means the entire building front including the parapet.
“Face of sign” means the area of a sign on which the copy is placed.
“Feather sign” means a generally narrow vertical temporary sign with or without copy where the sign is mounted onto a pole or individual mounting device with the intent of utilizing natural or man-made air movement.
“Festoons” means a string of ribbons, tinsel, small flags, or pinwheels.
“Flashing sign” – see “animated sign, electrically energized.”
“Frontage” means the length of the property line of any one premise along an adjacent public right-of-way.
“Frontage, building” means the length of an outside building wall facing a public right-of-way or other primary vehicular access.
“Government sign” means any temporary or permanent sign erected and maintained by the city, county, state, or federal government for traffic direction or for designation of or direction to any school, hospital, historical site, or public service, property, or facility.
“Ground sign” means a sign which is anchored to the ground similar to a pylon or freestanding sign, but which has a monolithic or columnar line and which maintains essentially the same contour from grade to top.
“Handheld sign” means a temporary sign carried or held by a person.
“Height (of a sign)” means the vertical distance measured from the highest point of the sign, excluding decorative embellishments, to the grade of the adjacent street or the surface grade beneath the sign, whichever is less.
“Identification sign” means a sign whose copy is limited to the name and address of a building, institution, or person or to the activity or occupation being identified.
“Illegal sign” means a sign which does not conform fully to the requirements of this Chapter and which has not received legal nonconforming status.
“Illuminated sign” means a sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign.
“Incidental sign” means a small sign, emblem or decal informing the public of goods, facilities, or services available on the premises, e.g., a credit card sign or a sign indicating hours of business.
“Inflatable” means any display, with or without copy, that has a final shape supported by gasses enclosed within a container or is continuously supported by blown air.
“Lot” means a parcel of land legally defined on a subdivision map recorded with the county recorder, or a parcel of land defined by a legal record or survey map.
“Low profile sign” or “monument sign” means a sign mounted directly to the ground with maximum height not to exceed 6 feet and a maximum area not to exceed 40 square-feet.
“Maintenance” means the cleaning, painting, repair, or replacement of defective parts of a sign in a manner that does not alter the basic copy, design, mechanism, or structure of a sign.
“Mansard” means a sloped roof or roof-like facade architecturally comparable to a building wall.
“Marquee” means a permanent roof-like structure or canopy of rigid materials supported by and extending from the facade or any exterior wall of a building.
“Marquee sign” means any sign attached to or supported by a marquee structure.
“Monument sign” – see “low profile sign.”
“Motion” means the depiction of movement or change of position of text, images, or graphics on a sign. Motion shall include visual effects such as dissolving and fading text and images, running sequential text, graphic bursts, lighting that resembles zooming, twinkling or sparkling, changes in light or color, transitory bursts of light intensity, moving patterns or bands of light, expanding or contracting shapes, and similar actions.
“Multiple-faced sign” means a sign containing 3 or more faces, not necessarily in back-to-back configuration.
“Nameplate” means a nonilluminated on-premise identification sign giving only the name, address, and/or occupation of an occupant or group of occupants.
“Nonconforming sign” means a sign which was erected legally, but which does not comply with the subsequently enacted provisions of this Chapter.
“Occupancy” means the portion of a building or premises owned, leased, rented, or otherwise lawfully occupied for a given use.
“Off-premise sign” or “billboard” means a sign structure advertising an establishment, merchandise, service, product, or entertainment which is not sold, produced, manufactured, or furnished at the property on which the sign is located.
“Off-site directional sign” means a sign which provides directional assistance to access an establishment conveniently and safely.
“On-premise sign” means a sign which pertains to the use of the premises or property on which it is located.
“Owner” means a person recorded as such on official land or business license records of Tooele County or the City. The owner of property on which a sign is located is presumed to be the owner of the sign unless facts to the contrary are officially recorded or otherwise brought to the attention of the Department, e.g., a sign leased from a sign company.
“Painted wall sign” means any sign which is applied with paint or similar substance on the surface of a wall.
“Parapet” means the extension of a false front or wall above a roof line.
“Person” means any individual, corporation, association, firm, partnership, or similarly defined interest.
“Point of purchase display” means advertising of a retail item accompanying its display, e.g., an advertisement on a product dispenser or a tire display.
“Pole cover” means the cover enclosing or decorating poles or other structural supports of a sign.
“Political sign” means a temporary sign used in connection with a local, state, or national election or referendum.
“Premises” means a parcel of land with its appurtenances and buildings.
“Projection sign” means a sign, other than a flat wall sign, which is attached to and projects from a building wall or other structure.
“Pylon Sign” means an independent sign, greater than 6 feet in height, structurally designed to be fully supported by the earth.
“Real estate sign” means a temporary sign advertising the real estate upon which the sign is located as being for rent, lease, or sale.
“Roof line” means the top edge of a roof or building parapet, whichever is higher, excluding any mansards, cupolas, pylons, chimneys, or minor projections.
“Roof sign” means any sign erected over or on the roof of a building.
“Rotating sign” – see “animated sign, mechanically energized.”
“Sign” means any device, structure, fixture, or placard using graphics, symbols, written copy, or other means for the primary purpose of identifying, providing directions to, or advertising any business establishment, product, goods, or services.
“Sign, area”:
(1) Projecting and freestanding signs shall have only one side of any double- or multiple-faced sign counted in calculating its area. The area of the sign shall be measured as follows if the sign is composed of one or more individual cabinets: a rectilinear line of not more than eight sides shall be drawn around and enclosing the perimeter of each cabinet or module. The line lengths and angles shall be measured and the enclosed area calculated. The perimeter of measurable area shall not include embellishments such as pole covers, framing, decorative roofing, support structures, etc., provided that there is no written advertising copy on such embellishments.
“Snipe sign” means a temporary sign or poster affixed to a tree, fence, utility pole, or similar object or to the ground.
“Subdivision identification sign” means a freestanding or wall sign identifying a recognized subdivision, condominium complex or residential development.
“Temporary sign” means a sign not constructed or intended for long-term use.
“Temporary special event sign” means a sign announcing an event that is scheduled and open to the public. The term “temporary special event” shall not include a grand opening sale, a closing sale, a garage sale, or other similar events.
“Twirl time” means the time it takes for static text, images, and graphics on an electronic sign to change to different text, images, or graphics on subsequent sign face.
“Under-canopy sign” means a sign suspended beneath a canopy, ceiling, roof, or marquee.
“Use” means the purpose for which a building, lot, sign, or structure is intended, designed, occupied, or maintained.
“Vehicle sign” means a vehicle utilized for the primary purpose of displaying a sign or of identifying, providing directions to, or advertising any establishment, product, goods, or services. The word “vehicle” includes cars, trucks, and trailers.
(1) Example: a vehicle parked for several days at a location apparently unrelated to the sign on the vehicle is a vehicle sign.
“Wall sign” means a sign attached essentially parallel to and extending not more than 24 inches from the wall of a building with no copy on the sides or edges. This definition includes painted, individual letter, and cabinet signs, and signs on a mansard.
“Wheeled sign” means any sign moved upon or attached to one or more wheels that is not a vehicle sign.
“Window sign” means a sign installed or painted on the inside of a window and intended to be viewed from the outside.
(Ord. 2020-41, 10-07-2020) (Ord. 2015-02, 02-04-2015) (Ord. 2013-03, 06-19-2013) (Ord. 2012-21, 11-21-2012) (Ord. 2010-06, 05-19-2010) (Ord. 2005-21, 09-21-2005) (Ord. 2005-08, 04-20-2005) (Ord. 1994-27, 12-19-1994)
(Ord. 2020-41, 20-07-2020) (Ord. 2015-02, 02-04-2015) (Ord. 2013-03, 06-19-2013) (Ord. 2012-21, 11-21-2012) (Ord. 2002-15, 08-07-2002) (Ord. 1994-27, 12-19-1994)
(Ord. 2015-02, 02-04-2015) (Ord. 2013-03, 06-19-2013)
(2) directional/information signs of nine square-feet or less;
(3) holiday or special events decorations;
(4) nameplates of two square-feet or less;
(5) political signs;
(6) public signs or notices, or any sign relating to an emergency;
(7) real estate signs;
(8) window signs;
(9) A-frame signs;
(10) banner signs;
(11) incidental signs;
(12) temporary special event signs under Section 7-25-12(9)(f)(ii); and
(13) registered 501(c)(3) organization, schools, and civic organizations fundraising event signs under Section 7-25-12(8).
(Ord. 2013-03, 06-19-2013) (Ord. 2010-06, 05-19-2010) (Ord. 1994-27, 12-19-1994)
(Ord. 2015-02, 02-04-2015) (Ord. 2013-03, 06-19-2013) (Ord. 1994-27, 12-19-1994)
(Ord. 2013-03, 06-19-2013) (Ord. 1994-27, 12-19-1994)
(Ord. 2013-03, 06-19-2013) (Ord. 1994-27, 12-19-1994)
(2) All persons involved in the maintenance, installation, alteration, or relocation of signs located near or upon any public right-of-way or other public property shall file with the City Recorder a satisfactory certificate of insurance to indemnify the City against liability.
(Ord. 2013-03, 06-19-2013) (Ord. 1994-27, 12-19-1994)
(b) may be ground-mounted or wall-mounted, but not roof-mounted;
(c) if grounded-mounted,
(ii) shall not be located within a clear view zone; and,
(iii) shall not have more than two faces;
(e) shall not exceed four signs per event;
(f) shall not exceed five business days in duration;
(b) may be ground-mounted or wall-mounted, but not roof-mounted;
(c) if grounded-mounted,
(ii) shall not be located within a clear view zone; and,
(iii) shall not have more than two faces;
(e) shall not exceed four signs per event; and,
(f) may be displayed at the following times:
(ii) the following established display periods:
(Ord 2020-41, 10-07-2020) (Ord. 2015-02, 02-04-2015) (Ord. 2013-03, 06-19-2013) (Ord. 2011-10, 04-06-2011) (Ord. 2010-06, 05-19-2010) (Ord. 2008-12, 09-03-2008)
(2) All allowed freestanding signs in residential zones shall have a maximum height limit of six feet and shall have a setback of 15 feet from any public right-of-way.
(Ord. 2020-41, 10-07-2020) (Ord. 1994-27, 12-19-1994)
(b) one low profile sign per street frontage;
(c) one pylon sign per street frontage provided, however, that:
the sign pursuant to written collocation agreement filed with the City;
(2) In commercial zones, where an occupancy is on a corner lot, a minimum clear view zone is to be maintained in a triangulated area at the point of intersection to allow an unobstructed view of oncoming traffic.
(3) In commercial zones, pylon signs shall maintain a minimum clearance of 10 feet over any pedestrian use and 14 feet over any vehicular way.
(4) All signs must comply with lighting and other minimum design standards set forth in this Title.
(Ord. 2020-41, 10-07-2020) (Ord. 2015-02, 02-04-2015) (Ord. 2013-03, 06-19-2013) (Ord. 2010-06, 05-19-2010) (Ord. 2005-08, 04-20-2005) (Ord. 2002-15, 08-07-2002) (Ord. 1994-27, 12-19-1994)
(Ord. 2020-41, 10-07-2020) (Ord. 2013-03, 06-19-2013) (Ord. 2010-06, 05-19-2010) (Ord. 1994-27, 12-19-1994)
(Ord. 2013-03, 06-19-2013) (Ord. 2010-06, 05-19-2010) (Ord. 1994-27, 12-19-1994)
(Ord. 2013-03, 06-19-2013) (Ord. 1994-27, 12-19-1994)
(Ord. 2013-03, 06-19-2013) (Ord. 1994-27, 12-19-1994)
(2) No signs may be located in the public right-of-way except A-frame signs and signs owned and installed by the City or the State of Utah. The Department is authorized to remove, confiscate, and dispose of all signs placed in the public right-of-way in violation of this Chapter.
(Ord. 2020-41, 10-07-2020) (Ord. 2013-03, 06-19-2013) (Ord. 2012-21, 11-21-2012) (Ord. 1994-27, 12-19-1994)
(2) Any off-premise sign which no longer, and for a period of two consecutive months, advertises goods, products, services or facilities available to the public or which directs persons to a different location where such goods, products, services or facilities are not for a period of two consecutive months available, shall be deemed to have been abandoned.
(3) Abandoned signs shall be removed by the owner of the premises on which the sign is located.
(4) All abandoned signs become a nuisance, per Section 8-4-8 (Nuisance abatement), after six months of evidence of abandonment and as designated by the Building Official.
(Ord. 2020-41, 10-07-2020) (Ord. 2013-03, 06-19-2013) (Ord. 1994-27, 12-19-1994)
(Ord. 1994-27, 12-19-1994)
(2) Department personnel are empowered, upon presentation of proper credentials, to enter or inspect any building, structure, or premises in the City for the purpose of inspection of a sign and its structural and electrical connections to ensure compliance with all applicable codes and ordinances. Such inspections shall be carried out during business hours unless an emergency exists.
(Ord. 2013-03, 06-19-2013) (Ord. 2010-06, 05-19-2010) (Ord. 1994-27, 12-19-1994)
(Ord. 2013-03, 06-19-2013) (Ord. 2010-06, 05-19-2010) (Ord. 1994-27, 12-19-1994)
(Ord. 2013-03, 06-19-2013) (Ord. 2010-06, 05-19-2010) (Ord. 1994-27, 12-19-1994)
(2) When a permit is denied, the Zoning Administrator shall, within five business days, give a written notice to the applicant along with a brief statement of the reasons for denial, citing code sections and interpretation of possible nonconformity. The Zoning Administrator may suspend or revoke an issued permit for any false statement or misrepresentation of fact in the application.
(Ord. 2020-41, 10-07-2020) (Ord. 2013-03, 06-19-2013) (Ord. 2010-06, 05-19-2010) (Ord. 1994-27, 12-19-1994)
(2) If no inspections have been made and no work authorized by the permit has been performed, the permit fee may be refunded to the applicant upon request, provided that the permit is returned to the Department within five business days of issuance.
(3) If any sign is installed or placed on any property prior to receipt of a permit, the specified permit fee shall be doubled. However, payment of the doubled fee shall not relieve any person of any other requirements or penalties prescribed in this Chapter.
(2020-41, 10-07-2020) (Ord. 2013-03, 06-19-2013) (Ord. 2010-06, 05-19-2010) (Ord. 1994-27, 12-19-1994)
(2) The Department may require at the time of issuance of a permit that written notification for an inspection be submitted prior to the installation of certain signs.
(Ord. 2010-06, 05-19-2010) (Ord. 1994-27, 12-19-1994)
(Ord. 2013-03, 06-19-2013) (Ord. 2010-06, 05-19-2010) (Ord. 1994-27, 12-19-1994)
(2) If, upon inspection, the Department finds that a sign is abandoned or structurally, materially, or electrically defective, or in any way endangers the public, the Zoning Administrator or Building Official shall issue a written order to the owner of the sign and occupant of the premises stating the nature of the violation and requiring the repair or removal of the sign within five days of the date of the order.
(Ord. 2024-23, 08-21-2024) (Ord. 2020-41, 10-07-2020) (Ord. 2013-03, 06-19-2013) (Ord. 2010-06, 05-19-2010) (Ord. 1994-27, 12-19-1994)
(2) The Zoning Administrator and/or Building Official may cause the removal of an illegal sign in cases of emergency or for failure to comply with the written orders of removal or repair. After removal or demolition of the sign, a notice shall be mailed to the sign owner stating the nature of the work and the date on which it was performed and demanding payment of the costs as certified by the Department.
(3) If the amount specified in the notice is not paid within five business days of the notice, it shall become an assessment upon a lien against the property of the sign owner, and will be certified as an assessment against the property together with a 10% penalty for collection in the same manner as the real estate taxes.
(4) The owner of the property upon which the sign is located shall be presumed to be the owner of all signs thereon unless facts to the contrary are brought to the attention of the Department, as in the case of a leased sign.
(5) For purposes of removal, the definition of sign shall include all sign embellishments and structures designed specifically to support or be a part of the sign.
(6) In cases of emergency, the Zoning Administrator and/or Building Official may cause the immediate removal of a dangerous or defective sign without notice. Signs removed in this manner must present a hazard to the public safety.
(7) Any temporary sign caused to be removed by the Zoning Administrator or Building Official shall be held for a minimum of five business days before disposal. The owner of the removed sign may retrieve the sign during the time the sign is held but shall not re-install the sign unless done according to and in conformance with the terms of this Chapter.
(Ord. 2020-41, 10-07-2020) (Ord. 2015-02, 02-04-2015) (Ord. 2013-03, 06-19-2013) (Ord. 2010-06, 05-19-2010) (Ord. 1994-27, 12-19-1994)
(a) first violation: $100 fine;
(b) second violation: $250 fine;
(c) third and subsequent violations: $500 fine.
(2) Criminal. In addition to the civil penalties provided in this Section, a violation of this Chapter may be charged and prosecuted as a class C misdemeanor.
(Ord. 2024-23, 08-21-2024) (Ord. 2015-14, 04-15-2015) (Ord. 2013-03, 06-19-2013) (Ord. 1994-27, 12-19-1994)
(2) The action or decision being appealed shall not be stayed pending the outcome of any administrative appeals unless the Director finds that there is good cause to do so.
(3) The Director shall issue a written decision within 30 days of receipt of the appeal. A decision not issued with 30 days of receipt of the appeal shall be deemed a denial of the appeal.
(4) The decision of the Director may be appealed by filing a written appeal with the Mayor’s office within ten days of the date of the Director’s decision. The Administrative Hearing Officer shall schedule and conduct an informal hearing, shall notify the appellant and the Director of the date and time of the hearing, and shall issue a written decision within 15 days of the hearing. The decision shall be mailed by first-class mail to the appellant.
(Ord. 2020-41, 10-07-2020) (Ord. 2013-03, 06-19-2013) (Ord. 2010-06, 05-19-2010) (Ord. 1994-27, 12-19-1994)
(Ord. 1994-27, 12-19-1994)
(Ord. 2010-06, 05-19-2010)
(Ord. 2010-06, 05-19-2010)
(Ord. 2021-22, 08-18-2021) (Ord. 2015-03, 03-04-2015) (Ord. 1998-31, 08-18-1998)
(3) State Engineer Requirements.
(Ord. 2021-22, 08-18-2021) (Ord. 2015-03, 03-04-2015) (Ord. 2000-03, 1-5-2000) (Ord. 1999-34, 12-01-1999) (Ord. 1998-31, 08-18-1998).
(2) Fee-in-lieu. Pursuant to established City Council policy, in lieu of actual conveyance of water rights pursuant to this Chapter, certain development applicants may pay to the City an amount per acre-foot for access to water rights controlled by the City in a quantity necessary to satisfy the anticipated future water needs of the proposed development to be served and supplied by the City water system.
(3) Supply and Delivery Facilities May be Required. In addition to furnishing water rights pursuant to this Chapter, the applicant will be required to comply with other provisions of the Tooele City Code, including the payment of water impact fees, and also may be required to pay additional costs necessary to construct the facilities necessary to supply, store, and distribute water.
(Ord. 2015-03, 03-04-2015) (Ord. 2005-19, 08-03-2005) (Ord. 2000-03, 01-05-2000) (Ord. 1998-31, 08-18-1998)
(2) Lands Which are Restricted Against Future Development. Where development of the property in question is restricted by unusual circumstances such as topographic features, environmentally sensitive or fragile conditions, or voluntary limitations on landscape and other activities which will reduce the amount of water to be provided by the City, the Public Works Director may reduce the amount of the water right required to be conveyed to an amount commensurate with the nature of the proposed restricted development. Any such restriction must be accompanied by enforceable provisions for securing compliance in a form to be approved the Tooele City Attorney.
(3) Redevelopment.
(4) Expansion and change of use. Where a nonresidential building alteration or change of use requires a new building permit or a new occupancy permit, and the building alteration or change of use is anticipated to result in increased culinary water usage, the permit applicant shall convey additional water rights or pay an additional fee-in lieu of conveyance, as determined by the Public Works Director. Dwelling alterations or expansions shall not require the conveyance of additional water rights unless resulting in the creation of a new dwelling unit. No rebate or refund shall be owing where a building alteration or change of use may result in decreased culinary water usage.
(5) Water-wise methods. Where a building site, building, or use of a building, including landscaping, incorporates technologies or processes designed to decrease impacts to City water systems and facilities, where the water rights conveyance requirement was reduced in reliance upon those technologies or processes, and where those technologies or processes fail or cease to be used, for any reason or to any degree, the City may require the conveyance of additional water rights or the payment of an addition fee-in-lieu of conveyance corresponding to the increased culinary water usage resulting from such failure or cessation of use, as determined by the Public Works Director. The fee-in-lieu may be invoiced by the City to the building water account through the regular city water bill, to be paid in full over a period of no more than three years. The City may record a Notice with the office of the Tooele County Recorder regarding any property utilizing this provision.
(6) Secondary water. Where site landscaping uses secondary water provided by the City or by an irrigation company, where the water rights conveyance requirement was reduced in reliance upon secondary water usage, and where secondary water usage decreases in favor of an increase in culinary water usage, the City may require the conveyance of additional water rights or the payment of an additional fee-in-lieu of conveyance corresponding to the increased culinary water usage, as determined by the Public Works Director. The fee-in-lieu may be invoiced by the City to the property water account through the regular city water bill, to be paid in full over a period of no more than three years. The City may record a Notice with the office of the Tooele County Recorder regarding any property utilizing this provision.
(7) Exemption for de minimus usage. Notwithstanding the requirements of this Chapter, the City Council may establish a policy whereby building alterations or changes of use resulting in de minimus increases of culinary water usage shall not require the conveyance of additional water rights or the payment of a fee-in-lieu of conveyance. The term de minimus shall be defined in the policy.
(Ord. 2015-03, 03-04-2015) (Ord. 1999-34, 12-01-1999) (Ord. 1998-31, 08-18-1998)
(2) The water rights conveyance required by this Chapter shall occur promptly following the earliest development approval for which the amount of water rights necessary to satisfy the anticipated future water needs of the development can be ascertained with reasonable certainly. An approved residential final plat shall not be signed or recorded, nor any building permit issued, prior to conveyance of the water rights or payment of the fee-in-lieu. Notwithstanding City review of a land use application, a land use application shall not be considered complete until the associated water rights are conveyed or the fee-in-lieu paid, as applicable. Should the amount reasonably anticipated fall short of the amount actually required, the applicant shall convey additional water rights or pay an additional fee-in-lieu, as determined by the Public Works Director, as soon as possible following written notice to do so, but no later than a subsequent development permit for the subject development.
(3) Notwithstanding Subsection (2), above, the City may approve a non-residential building permit prior to the conveyance of the required water rights where:
(2) Supporting Information to be Submitted. Any such appeal or request for relief shall be signed by the applicant and contain adequate information and documentation in support of the relief requested. The City Council may request additional information which they deem reasonably necessary in order to make a decision on the application. The burden shall be upon the applicant in any such appeal or request for adjustment, modification, exemption, or waiver of this water rights conveyance requirement to demonstrate that the strict application of the policy under their particular facts and circumstances is inequitable, unreasonable, or unlawful.
(3) Decision by City Council. Within 30 days of the filing of the completed appeal or request, together with all supporting information and documentation required by the City Council, the City Council shall schedule a public meeting with appropriate notice. At the public meeting, the applicant and all interested persons shall be entitled to present information, documentation, and witnesses in support of or in opposition to the application. At the conclusion of the meeting, the City Council shall either issue its decision or vote to study further the appeal or request and issue its decision at the next regular City Council meeting.
(Ord. 2015-03, 03-04-2015) (Ord. 1998-31, 08-18-1998)
(2) complete public improvement bonding pursuant to Tooele City Code §7-19-12 prior to August 1, 2006; or
(3) complete all bonded public improvements prior to August 1, 2007.
(Ord. 2015-03, 03-04-2015) (Ord. 2007-07, 04-04- 2007) (Ord. 2006-15, 07-05-2006) (Ord. 2005-19, 08- 13-2005) (Ord. 2005-07, 05-04-2005) (Ord. 19 98-31, 08-18-1998)
(Ord. 98-38, 12-02-98)
(Ord. 98-38, 12-02-98)
(6) The visual effects of personal wireless services facilities can be mitigated by fair standards regulating their siting, construction, maintenance and use.
(Ord. 98-38, 12-02-98)
(Ord. 98-38, 12-02-98)
(2) Requirements for Monopoles and Towers. If the applicant is constructing a monopole or other tower-type structure, the applicant shall, if requested by the City, submit a written report from a qualified, structural engineer licensed in the State of Utah, documenting the following:
(Ord. 98-38, 12-02-98)
(2) Burden of Proof. The applicant shall attempt to locate its antennas on sites in the order of priority set forth above. If the applicant desires to locate antennas on a site other than the highest priority site, the applicant shall have the burden of demonstrating to the approving authority why it could not locate antennas on sites with a higher priority than the site chosen by the applicant. To do so, the applicant shall provide the following information to the approving authority:
(Ord. 98-38, 12-02-98)
(Ord. 98-38, 12-02-98)
(Ord. 98-38, 12-02-98)
(Ord. 98-38, 12-02-98)
(Ord. 98-38, 12-02-98)
(5′) from the exterior wall of the building or structure, and at least fifty (50′) feet from any residence.
(Ord. 98-38, 12-02-98)
(Ord. 98-38, 12-02-98)
(2) Location on Parcel. Monopoles shall be located as unobtrusively on a parcel as possible, given the location of existing structures, nearby residential areas, and service needs of the applicant. Monopoles shall not be located in a required landscaped area, buffer area or parking area.
(Ord. 98-38, 12-02-98)
(2) Protection Against Climbing. Monopoles shall be protected against unauthorized climbing by removing the climbing pegs from the lower 20 feet of the monopole.
(3) Fencing. Monopoles and towers shall be fully enclosed by a minimum 6-foot tall fence or wall, as directed by the City, unless the City determines that a wall or fence is not needed or appropriate for a particular site due to conditions specific to the site.
(4) Security Lighting Requirements. Monopoles and towers shall comply with the FAA requirements for lighting. As part of the conditional use permit consideration, the City may also require security lighting for the site. If security lighting is used, the lighting impact on surrounding residential areas shall be minimized by using indirect lighting, where appropriate.
(Ord. 98-38, 12-02-98)
(Ord. 98-38, 12-02-98)
(3) Landscaping. All sites with a personal wireless services facility shall be landscaped in accordance with the zone requirements where the facility is located.
(Ord. 98-38, 12-02-98)
(Ord. 98-38, 12-02-98)
(Ord. 2003-07, 04-02-03)
(Ord. 2003-07, 04-02-03)
(Ord. 2003-07, 04-02-03)
(Ord. 2003-07, 04-02-03)
(Ord. 2003-07, 04-02-03)
(Ord. 2003-07, 04-02-03)
(Ord. 2003-07, 04-02-03)
(2) “Permit” shall mean a temporary vehicle sales permit.
(3) “Temporary vehicle sales” and “temporary vehicle sales lot” shall mean a vehicle sales activity or event which is not fixed upon a given lot or parcel of land and which is of a maximum duration of seven days.
(Ord. 2019-08, 03-20-2019) (Ord. 2005-05, 03-02-2005) (Ord. 2003-13, 04-16-2003) (Ord. 2002-17, 08-07-2002)
(Ord. 2019-08, 03-20-2019) (Ord. 2005-05, 03-02-2005) (Ord. 2003-13, 04-16-2003) (Ord. 2002-17, 08-07-2002)
(Ord. 2019-08, 03-20-2019) (Ord. 2005-05, 03-02-2005) (Ord. 2003-13, 04-16-2003) (Ord. 2002-17, 08-07-2002)
(Ord. 2019-08, 03-20-2019) (Ord. 2005-05, 03-02-2005) (Ord. 2002-17, 08-07-2002)
(Ord. 2019-08, 03-20-2019) (Ord. 2005-05, 03-02-2005) (Ord. 2003-13, 04-16-2003) (Ord. 2002-17, 08-07-2002)
(2) The requirement may not include parking required for or associated with another use, and shall be adequate to accommodate both the temporary use and the regular use of the property.
(3) The location of the temporary vehicle sale must have safe, supporting, maintained surfacing, as required by the Director, for both the sales and parking areas.
(Ord. 2019-08, 03-20-2019) (Ord. 2005-05, 03-02-2005) (Ord. 2003-13, 04-16-2003) (Ord. 2002-17, 08-07-2002)
(Ord. 2019-08, 03-20-2019) (Ord. 2005-05, 03-02-2005) (Ord. 2003-13, 04-16-2003)
(Ord. 2019-08, 03-20-2019) (Ord. 2005-05, 03-02-2005) (Ord. 2002-17, 08-07-2002)
Failure to clean the site or dispose of all waste generated by the temporary vehicle sale may result in the forfeiture of all or a portion of the deposit, depending on the cost of third-party cleanup, and shall constitute a violation of this Chapter.
(Ord. 2019-08, 03-20-2019) (Ord. 2005-05, 03-02-2005) (Ord. 2002-17, 08-07-2002)
(Ord. 2019-08, 03-20-2019) (Ord. 2005-05, 03-02-2005) (Ord. 2002-17, 08-07-2002)
(Ord. 2019-08, 03-20-2019) (Ord. 2016-15, 10-19-2016) (Ord. 2005-05, 03-02-2005) (Ord. 2002-17, 08-07-2002)
(Ord. 1993-18, 10-01-1993)
(2) “City” means Tooele City.
(3) “Commercial solid waste” means solid waste resulting from the normal activities of commercial users.
(4) “Commercial user” means an enterprise, not a residence, such as a business, association, corporation, manufacturer, hotel, motel, resort, governmental or public entities and churches, etc.
(5) “Mobile home park” means property under single ownership or management used for occupancy by mobile homes.
(6) “Person” means a person, firm, partnership, association, corporation, company or organization of any kind.
(7) “Residence” or “residential user” mean a building or dwelling comprising not more than three dwelling units designed for separate housekeeping tenements and where no business of any kind is conducted except such home occupations as are allowed by the zoning ordinance of Tooele City. ” Residence” includes condominiums but does not include hotels, motels, and mobile home parks.
(8) “Residential solid waste” means solid waste resulting from the normal activities of households and residential use.
(9) “Solid waste” means all putrescible and nonputrescible materials or substances discarded or rejected as being spent, useless, worthless, or in excess to the owner’s needs at the time of discard or rejection, including garbage, refuse, industrial and commercial waste, and waste which constitutes solid waste as defined in 40 C.F.R. Part 258, the Criteria for Municipal Solid Waste Landfills (“Part 258”) which includes household waste, commercial solid waste or industrial solid waste (as such terms are defined in Part 258), or other types of waste governed by subtitle D of the Resource Conservation and Recovery Act, and solid waste within the meaning of the Solid Waste Management Act, Title 19, Chapter 6, Part 5, Utah Code Annotated 1953, as amended, including demolition and construction debris.
(10) “Solid waste disposal contractor” means a person or persons engaged in the business of collecting, hauling or transporting through the streets of Tooele City, any solid waste for disposal or for any other purpose.
(Ord. 1993-18, 10-01-1993)
(2) Except as otherwise expressly permitted by this Section, no residential solid waste shall be moved, hauled away or transported upon the streets or public ways within the City except by the City or their designated agents. It is hereby declared to be unlawful for any person, except as permitted in this Section, to haul or remove residential solid waste within or from the City. Nothing contained in this Section shall, however, preclude persons from hauling their own residential solid waste over the streets or public ways within the City to a City-designated solid waste disposal facility, provided that person is regularly paying the City for collection services.
(Ord. 1993-18, 10-01-1993)
(Ord. 1993-18, 10-01-1993)
(2) The holder of any City collection contract shall be answerable to the city council and City Engineering Department for the conduct and operation of solid waste collection and disposal services.
(Ord. 1993-18, 10-01-1993)
(2) Fees for garbage pickup and can rental may be terminated only when a responsible party requests in writing that Tooele City terminate all of it’s utility services to the affected property.
(3) In the event that a responsible party fails or neglects or refuses to pay any fee as required by this Chapter, the City may at its discretion and after notice, terminate its utility service to the affected residence or institute a civil action to recover the delinquency, together with interest at the rate of 18% per annum and a reasonable attorney’s fee.
(4) It shall be unlawful for any owner or occupant to fail to pay any fee required by this Chapter or required by a resolution adopted pursuant to this Chapter, or to seek to avoid the payment of fees legally owed.
(Ord. 1993-18, 10-01-1993)
(2) Every residential user shall be issued at least one approved garbage container by the City. Title to containers furnished by the City to residential users shall be retained by the City and the payment made by the residents therefor shall be rental for the use thereof. Rental fees for containers shall be established by resolution of the city council. Rental fees for garbage containers may be prorated for any part of a month that water service is supplied. Garbage container rental fees shall be charged and collected in the same manner as the charge for solid waste collection services.
(3) Users renting containers furnished by the City, or having custody thereof, shall keep the container free from destructive or decorative markings, shall maintain the original color thereof, and shall keep the inside of said containers clean and free from build-up of fungus or bacteria or any other type of contaminant that causes odors or facilitates deterioration of the inside or outside of such container. Users shall be responsible for containers and shall not be negligent in the use of the containers.
(4) Residential users shall report to the City, or authorized garbage hauler, any damage to or malfunctioning containers that limit their usefulness for receipt of solid waste so that the same may be returned to the supplier for repair or replacement if they are covered by warranty, or for repair for replacement by the City or its agent.
(5) Containers shall not be removed from the premises that they have been assigned to. The owner, lessee, or occupant of each residence shall be held responsible for each container issued to that residence. No hot ashes or flammable or explosive materials shall be deposited in a garbage container. A purchase fee, based on the cost to the City at the current rate, will be charged to anyone who damages, removes, or loses a garbage container from the property that the container has been assigned to. The purchase fee may be added to the collection fees and collected in the same manner.
(6) Containers furnished by the City are issued to specific users by number and are nontransferable. Upon discontinuance of use by a resident, containers shall be returned to the City or its designated agent.
(Ord. 2024-05, 03-20-2024) (Ord. 1993-18, 10-01-1993)
(2) Additional containers will be provided to a user at an additional charge per month which charge shall be set by resolution of the city council. Such charge shall be incurred for a minimum of four months.
(3) At such time the user determines the additional container or containers are no longer needed, the user shall return said container(s) to the City at which time the additional charge will be deleted from the billing provided the four months minimum has been met. If an additional container is not returned to the City, charges for such container shall continue on a month-to-month basis until returned.
(4) Additional containers may be rented subject to availability of the containers to the City. Providing initial containers to new residents will take priority over providing additional containers to residents who already have been issued one container.
(Ord. 1993-18, 10-01-1993)
(2) Containers shall not be placed or permitted to block driveways or through traffic.
(3) Unless otherwise provided by regulation, garbage and refuse must not be set out upon the street for collection prior to the evening of the day before collection and must be set out prior to 7:00 a.m. on the day of collection.
(4) All empty containers must be removed from the street as soon as practicable after being emptied, and in every case must be removed from the street the same day they are emptied.
(5) Those physically unable to wheel containers to curbside may make arrangements with the City for assistance.
(6) It shall be unlawful to park a vehicle upon a public street within the City during the hours of garbage pickup in a manner that interferes with access to garbage containers by the garbage collection vehicle.
(Ord. 1993-18, 10-01-1993)
(Ord. 1993-18, 10-01-1993)
(Ord. 1993-18, 10-01-1993)
(Ord. 1993-18, 10-01-1993)
(Ord. 1993-18, 10-01-1993)
(2) Each day of violation shall be a separate violation subject to an additional civil penalty.
(Ord. 2020-10, 04-15-2020) (Ord. 1993-18, 10-01-1993)
(Ord. 2016-03, 01-20-2016) (Ord. 1967-3, 08-14-1967)
(Ord. 2016-03, 01-20-2016) (Ord. 1967-3, 08-14-1967)
(Ord. 2016-03, 01-20-2016) (Ord. 1967-3, 08-14-1967)
(Ord. 2016-03, 01-20-2016) (Ord. 1967-3, 08-14-1967)
(Ord. 2020-10, 04-15-2020)
(Ord. 2014-13, 10-15-2014) (Ord. 2006-08, 03-01-2006) (Ord. 2004-22, 12-15-2004) (Ord. 1994-52, 10-25-1994)
(Ord. 2014-13, 10-15-2014) (Ord. 2006-08, 03-01-2006) (Ord 2004-22, 12-15-2004)
“Abate” meant to effectuate an abatement. “Abatement” means any action or proceeding commenced or pursued by the City to remove, alleviate, or correct a nuisance or other violation of this Chapter. “Abatement period” means the 14-day period, beginning upon service of a notice of violation, within which abatement by a responsible person is required to be completed. “Administrative hearing officer” means an administrative hearing officer appointed under Chapter 1-28 of this Code.
“Association” means any business entity, including, without limitation, corporation, partnership, company, business, but not an individual.
“Code enforcement order” means an order issued by an administrative hearing officer in the context of an abatement commenced pursuant to this Chapter.
“Code enforcement performance bond” means a cash bond required by an administrative hearing officer and posted by a responsible person to gain compliance with this Chapter or with a code enforcement order.
“Code enforcement tax lien” means a lien recorded with the Tooele County Recorder and County Treasurer to facilitate the collection of all abatement-related costs, including monetary penalties, administrative fees, filing fees, and other reasonable and related costs.
“Department” means the Tooele City Community Development Department.
“Developed land” means real property, whether subdivided or not, upon which is built one or more buildings.
“Director” means the director of the Tooele City Community Development Department.
“Good cause” means incapacitating illness or accident, death of a parent, sibling, or child, lack of proper notice, or unavailability due to unavoidable and non-preventable emergency or circumstance.
“Graffiti” means any unauthorized inscription, word, figure, painting, or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted or engraved on or otherwise affixed to any surface of public or private property by any implement or material.
“Imminent hazard” means any condition that creates a present and immediate danger to the public health, safety, or welfare.
“Inoperable motor vehicle” means any motor vehicle which is mechanically not functionable for a period of over 30 days. The 30-day period may be extended by the Community Development Director for a maximum of 6 months upon proof by the owner of ongoing restoration.
“Junked motor vehicle” means a motor vehicle which has outlived its usefulness in its original form and which is commonly gathered up and sold to be converted into another product, either of the same or of a different kind, or as scrap.
“Monetary penalty” means the civil fines accrued for failure to complete an abatement. Monetary penalty does not include appeal filing fees, reinspection fees, or abatement costs.
“Motor vehicle” means any motorized vehicle which initially was designed or constructed to be self-propelled. The term “motor vehicle” includes, without limitation, automobiles, motorcycles, and heavy equipment.
“Notice of compliance” means a document issued by the City confirming that a responsible person has abated the nuisance and corrected the violations set out in a notice of violation, paid all fees, penalties, and costs associated with the notice of violation, and otherwise has fully complied with the requirements of this Chapter, all as determined by an officer.
“Notice of violation” means a document prepared and issued by an officer that informs a responsible person of a nuisance or other violation of this Chapter, and that contains an order to abate the nuisance or correct the violation.
“Nuisance” means anything offensive or obnoxious to the health, safety, or welfare of the inhabitants of the City; or any act or thing repugnant to, creating a hazard to, or having a detrimental effect on the property of another person or to the community, and includes, but is not limited to, the following:
(a) A nuisance or public nuisance as defined by Utah law.
(l) To allow any lot or excavation to become the repository of stagnant water or decaying or offensive substances.
“Officer” means Administrative Code Enforcement Officer and Ordinance Compliance Officer.
“Responsible person” means any property owner, occupant, or other person or association with control over property who allows, permits, causes, or maintains a nuisance or a violation of this Chapter to exist upon the property owned, occupied, or controlled. Use of the singular “person” in this Chapter includes the plural “persons.”
“Undeveloped land” means real property that is subdivided into one or more building lots or parcels of record which are not built upon.
“Unimproved land” means real property that is not built upon with a primary structure.
“Violation” means any violation of this Chapter.
“Wrecked motor vehicle” means a motor vehicle which has been destroyed, disabled, or seriously damaged.
(Ord. 2017-32, 11-15-2017) (Ord. 2017-17, 06-21-2017) (Ord. 2014-13, 10-15-2014) (Ord. 2006-08, 03-01-2006) (Ord. 2004-22, 12-15-2004) (Ord. 1994-52, 10-25-1994)
(a) weeds and/or grass in excess of 6 inches in height located:
(ii)on any land less than 5 acres in size; or,
(iii) within 30 feet of the property line of any land of 5 or more acres in size;
(c) junked, wrecked, inoperable, or abandoned motor vehicles upon real property, except that up to 2 such vehicles or parts thereof may be stored within an enclosed building or completely screened by a sight-obscuring fence;
(2) Automobile impound yards and wrecking yards, which are lawfully established, licensed, and operated within the City, are not a nuisance under this Chapter if the yards are completely screened by a sight-obscuring fence and are compliant with all Tooele City conditional use permit, site plan, building permit, and other City requirements.
(Ord. 2023-25, 06-07-2023) (Ord. 2017-32, 11-15-2017) (Ord 2017-17, 06-21-2017) (Ord. 2014-13, 10-15-2014) (Ord. 2014-04, 02-05-2014) (Ord. 2006-08, 03-01-2006) (Ord. 2004-22, 12-15-2004) (Ord. 1994-52, 10-25-1994)
(2) Police Department. A Tooele City peace officer has the same authority as an officer, and is further authorized to commence criminal investigation and enforcement procedures, including criminal citation and arrest.
(3) Discretion. The City has the sole discretion in commencing or pursuing abatement and enforcement, and to otherwise gain compliance with this Chapter. Nothing shall require an officer or a peace officer to commence or pursue an abatement or enforcement, or other action to gain compliance with this Chapter. The City recognizes the principle of prosecutorial discretion in the context of this Chapter.
(4) Inspection. Any officer or peace officer has authority to enter upon property and premises to perform inspections, examinations, and surveys as may be necessary to gain compliance with this Chapter, including the taking of photographs, samples, or other physical evidence. All inspections, examinations, and surveys requiring entry onto private property or premises shall be accompanied by a warrant, be done in a reasonable manner, and be based upon probable cause. However, no warrant shall be required where a responsible person’s or property owner's consent, as applicable, is voluntarily given, or where the inspection, examination, or survey is conducted from a public right-of-way or from another property whose owner or occupant has given voluntary consent to enter.
(Ord. 2023-25, 06-07-2023) (Ord. 2017-32, 11-15-2017) (Ord. 2014-13, 10-15-2014) (Ord. 2004-22, 12-15-2004) (Ord. 1994-52, 10-25-1994)
(3) Restitution. In addition to any fines imposed, any individual or association convicted of a criminal offense shall pay to the City restitution for all expenses incurred by the City to abate the nuisance or to correct the violation for which the individual or association was charged.
(4) Each and every day that a violation of this Chapter continues after being charged, by criminal citation or Information, shall constitute a separate criminal offense. Penalties for separate criminal offenses may be imposed consecutively.
(5) A criminal prosecution brought under this Chapter is not an exclusive remedy and shall not preclude the City from commencing and pursuing an administrative or civil proceeding to abate a nuisance or to correct a violation of this Chapter.
(Ord. 2023-25, 06-07-2023) (Ord. 2014-13, 10-15-2014) (Ord. 2004-22, 12-15-2004) (Ord. 1994-52, 10-25-1994)
(2) A violation of this Chapter committed by an individual shall result in a civil citation and be punishable as follows:
(3) A violation of this Chapter committed by a business entity shall result in a civil citation and be punishable as follows:
(4) Compliance.
(b) Failure to fully eliminate a cited violation within 14 days after a written warning for a first violation shall constitute a second violation.
(c) Failure to fully eliminate a cited violation within 7 days after a citation for a second or subsequent violation shall be a further violation.
(5) Form. Civil citations for violations of this Chapter shall be on a form approved by the Chief of Police or other department head responsible for nuisance abatement, and the City Attorney.
(6) Service.
(7) Collection. The City may use all available legal remedies for collection of unpaid fines imposed under this Section.
(8) Nuisance abatement. A violation of this Chapter continuing after issuance of a civil citation and after expiration of the compliance period may be abated under other provisions of this Chapter.
(Ord. 2023-25, 06-07-2023) (Ord. 2014-13, 10-15-2014) (Ord. 2013-07, 04-18-2013) (Ord. 2006-08, 03-01-2006) (Ord. 2006-02, 01-04-2006) (Ord. 2004-22, 12-15-2004)
(2) Content. A notice of violation shall indicate the following:
(3) Extension. A responsible person may request a 14-day extension of the abatement period by submitting a written request to the Department during the abatement period. An approved extension shall result in an amended notice of violation which establishes a new abatement period. An extension request shall state and affirm the following:
(Ord. 2017-32, 11-15-2017) (Ord. 2014-13, 10-15-2014)
(a) regular mail, first-class postage prepaid, to both:
(i) the last known address of a responsible person as found in the records of the Tooele County Recorder; and,
(ii) the address of the property subject to the notice of violation; or,
(2) Service by regular mail shall be deemed made on the third day after the date of mailing.
(Ord. 2017-32, 11-15-2017) (Ord. 2014-13, 10-15-2014)
(2) The monetary penalties associated with a notice of violation shall accrue daily until the earlier of the following occurs:
(b) a notice of compliance is issued by an officer; or,
(c) a code enforcement order halting, modifying, or suspending the penalties is issued.
(5) If a responsible person fails to correct the nuisance or violation described in a notice of violation during the abatement period, or if the responsible person commits or allows substantially the same nuisance or violation to occur during the 12 months immediately following the date of a notice of compliance, all monetary penalties that began to accrue daily on the date of the original notice of violation shall be owed in full to the City.
(6) In the event of multiple responsible persons associated with a notice of violation, default judgment, or code enforcement order, all responsible persons shall be jointly and severally liable for abatement, for compliance with any orders, and for payment of any monetary penalties and costs.
(Ord. 2017-32, 11-15-2017) (Ord. 2014-13, 10-15-2014)
(2) A code enforcement order that upholds some but not all of the violations described in a notice of violation shall have the effect of amending the notice of violation and resetting the date of the notice of violation and the abatement period.
(3) A notice of violation this is amended by order or decision of the administrative hearing officer is a code enforcement order and is not administratively appealable to the administrative hearing officer.
(Ord. 2017-32, 11-15-2017) (Ord. 2014-13, 10-15-2014)
(2) A default judgment shall be issued by the administrative hearing officer upon officer affidavit that a responsible person both failed to request a timely compliance inspection and failed to make a timely appeal.
(3) A copy of a signed default judgment shall be served on all affected responsible persons by any method of service allowed for a notice of violation.
(4) A responsible person adversely affected by a default judgment may appeal the default judgment to the administrative hearing officer. The administrative hearing officer may set aside a default judgment only upon a written finding of good cause shown by the appealing responsible person.
(5) Following the issuance of a default judgment and the failure to timely appeal the default judgment, or following the issuance of a code enforcement order upholding the default judgment, the City may forthwith proceed to abate the nuisance or violation described in the default judgment, and may forthwith proceed to collect all accrued monetary penalties and costs associated with the abatement.
(Ord. 2017-32, 11-15-2017) (Ord. 2014-13, 10-15-2014)
(2) It is prima facie evidence that the nuisance or violation is continuing if no compliance inspection is requested.
(3) The City shall perform the requested compliance inspection. If the officer finds that the nuisance or violation for which the notice of violation as issued has been abated fully, the officer shall issue a notice of compliance to the responsible person requesting the compliance inspection.
(4) A notice of compliance shall be deemed effective upon the day of the inspection that determined full compliance. No further monetary penalties shall accrue after this date unless the same or a similar nuisance or violation occurs within the 12 months immediately following the notice of compliance.
(5) If, following a request for compliance inspection, the City declines to issue a notice of compliance, it remains the duty of the responsible person to request a reinspection once further abatement is completed.
(6) The first compliance inspection shall not require the payment of a fee. All reinspections shall require the payment of a fee established by the City Council.
(7) If the City declines to issue a notice of compliance, it shall provide a written explanation to the responsible party requesting the compliance inspection.
(8) A responsible person may appeal the denial of a notice of compliance to the administrative hearing officer.
(9) A request for compliance inspection or reinspection shall toll the abatement period and the accrual of monetary penalties until the issuance of written reasons for the denial of a notice of compliance or until the occurrence of substantially the same nuisance or violation with the 12 months immediately following the notice of violation.
(Ord. 2017-32, 11-15-2017) (Ord. 2014-13, 10-15-2014)
(Ord. 2017-32, 11-15-2017) (Ord. 2014-13, 10-15-2014)
(Ord. 2014-13, 10-15-2014)
(Ord. 2014-13, 10-15-2014)
(Ord. 2014-13, 10-15-2014)
(2) If a notice of compliance or code enforcement order finding compliance is issued after a notice of violation, default judgment, or code enforcement order has been recorded, the officer shall cause the notice of compliance or code enforcement order finding compliance to be recorded with the office of the Tooele County Recorder. This recordation shall have the effect of updating and nullifying a previously recorded notice of violation, default judgment, or code enforcement order to which it relates.
(3) Notice of any recordation shall be served upon the owners of the real property against which a recordation has been made. The failure to serve such notice shall not be grounds to void the recordation.
(Ord. 2017-32, 11-15-2017) (Ord. 2014-13, 10-15-2014)
(2) The withholding of a permit, license, or land use approval pursuant to authority of this Section may be appealed to the administrative hearing officer.
(Ord. 2017-32, 11-15-2017) (Ord. 2014-13, 10-15-2014)
(2) Whenever an officer and the Director determine that an imminent hazard exists, the officer may issue an emergency order directing one or more of the following actions:
(3) A notice of violation shall be served upon a responsible person associated with an imminent hazard. The notice shall describe the nature of the imminent hazard. Service is not required prior to taking steps to abate an imminent hazard.
(4) City personnel and agents may enter property or premises without a warrant to the extent necessary to abate an imminent hazard.
(5) The City shall pursue only the minimum level of abatement necessary to abate an imminent hazard under this Section. Once an imminent hazard is abated sufficiently to constitute a nuisance or violation that is not an imminent hazard, the City shall follow the procedures of this Chapter for non-emergency abatement.
(6) A responsible person shall be liable for all costs associated with the abatement of an imminent hazard.
(7) Promptly after an emergency abatement, an officer shall notify a responsible person of the abatement actions taken, the itemized costs for those actions, and the location of any seized and removed personal property.
(8) A responsible person may appeal the costs of an emergency abatement to the administrative hearing officer.
(Ord. 2017-32, 11-15-2017) (Ord 2017-17, 06-21-2017) (Ord. 2014-13, 10-15-2014)
(2) The City and its agents have authority to enter upon any property or premises as may be necessary to abate a nuisance or violation. Such entry onto a private property or premises shall be accompanied by a warrant, be done in a reasonable manner, and be based upon probable cause. However, no warrant shall be required where a responsible person’s consent is voluntarily given.
(3) A responsible person shall be liable for all costs associated with the abatement. If the City undertakes preparatory or other steps to perform an abatement, but the responsible person completes the abatement before the City begins or completes the abatement, the responsible person shall remain responsible for the City’s preparatory and other costs.
(4) Promptly after an abatement, an officer shall notify a responsible person of the abatement actions taken, the itemized costs for those actions, and the location of any seized and removed personal property.
(5) A responsible person may appeal the costs of an abatement to the administrative hearing officer.
(Ord. 2017-32, 11-15-2017) (Ord. 2014-13, 10-15-2014)
(2) Upon full payment of all amounts owing under a code enforcement tax lien, or upon the entry of a code enforcement order or judicial order declaring the lien amount satisfied, the City shall file and record an appropriate notice of satisfaction and/or release of lien.
(3) The City may pursue all lawful means to recover all penalties, fees, and costs imposed or incurred pursuant to this Chapter.
(Ord. 2017-32, 11-15-2017) (Ord. 2014-13, 10-15-2014)
(Ord. 2017-32, 11-15-2017) (Ord. 2014-13, 10-15-2014)
(Ord. 1993-12, 09-20-1993)
(Ord. 2015-17, 06-03-2015) (Ord. 1993-12, 09-20-1993)
(2) Abbreviations. The following abbreviations shall have the following meanings:
(Ord. 2015-17, 06-03-2015) (Ord. 1993-12, 09-20-1993)
(Ord. 2015-17, 06-03-2015)
(Ord. 2015-17, 06-03-2015) (Ord. 1993-12, 09-20-1993)
(Ord. 2017-03, 02-01-2017)
(Ord. 2015-17, 06-03-2015) (Ord. 1993-12, 09-20-1993)
(Ord. 2015-17, 06-03-2015) (Ord. 1993-12, 09-20-1993)
(2) The City Engineer shall maintain a record of the payment of the assessments and fees, together with survey plats indicating the real property within the POTW for which the sewer connection assessments and fees have been paid, and these records shall be open to public inspection during regular hours of the POTW as allowed by law.
(Ord. 2015-17, 06-03-2015) (Ord. 1993-12, 09-20-1993)
(Ord. 2015-17, 06-03-2015) (Ord. 1993-12, 09-20-1993)
(Ord. 2022-23, 07-20-2022) (Ord. 2015-17, 06-03-2015) (Ord. 1993-12, 09-20-1993)
(Ord. 2015-17, 06-03-2015) (Ord. 1993-12, 09-20-1993)
(Ord. 2015-17, 06-03-2015) (Ord. 1993-12, 09-20-1993)
(Ord. 2015-17, 06-03-2015) (Ord. 1993-12, 09-20-1993)
(Ord. 2015-17, 06-03-2015) (Ord. 1993-12, 09-20-1993)
(Ord. 2015-17, 06-03-2015) (Ord. 1993-12, 09-20-1993)
(Ord. 2015-17, 06-03-2015) (Ord. 1993-12, 09-20-1993)
(Ord. 2015-17, 06-03-2015) (Ord. 1993-12, 09-20-1993)
(Ord. 2015-17, 06-03-2015) (Ord. 1993-12, 09-20-1993)
(Ord. 2015-17, 06-03-2015) (Ord. 1993-12, 09-20-1993)
(Ord. 2015-17, 06-03-2015) (Ord. 1993-12, 09-20-1993)
(Ord. 2015-17, 06-03-2015) (Ord. 1993-12, 09-20-1993)
(Ord. 2015-17, 06-03-2015) (Ord. 1993-12, 09-20-1993)
(Ord. 2015-17, June 3, 2015) (Ord. 1993-12, 09-20-1993)
(Ord. 2015-17, June 3, 2015) (Ord. 1993-12, 09-20-1993)
(2) Based upon such studies, the POTW shall establish the pumping station areas and designate their confines in such manner as to enable land owners or users to determine whether or not they fall within the areas requiring sewage pumping stations.
(3) Including pumping station areas located outside the City limits in such studies shall not entitle those areas to sewer treatment by the POTW and shall not be interpreted to indicate the City’s desire to annex such areas or to take any other action.
(Ord. 2015-17, June 3, 2015) (Ord. 1993-12, 09-20-1993)
(2) The construction of the pumping stations shall be of such size as the POTW may determine will be necessary to provide pumping to the entirety of a development project, including all phases, even though pending applications before it involve only a portion of a development project. All pump stations shall be planned, designed, and constructed in accordance with applicable State and local laws.
(Ord. 2015-17, June 3, 2015) (Ord. 1993-12, 09-20-1993)
(2) The costs of construction shall be allocated among the land owners and/or users of the sewage pumping service area in the same proportion that the total of each land owner’s area bears to the total area of land situated within the pumping service area.
(3) The foregoing method of allocation of costs may be varied by action of the POTW when, in its judgment, it finds that unusual topography or other physical circumstances or the contemplated use or uses require a different method of allocating costs. If the pumping station is constructed prior to the filing of an application by a land owner or user, the costs of construction will be the actual costs expended. If the City constructs the pumping station, the City may assess pro rata costs for developments utilizing the pumping station capacity plus a reasonable administrative cost of 10%.
(4) If the pumping station has been constructed at the time the application is filed, then costs shall be the costs estimated by the City Engineer or which may be computed based upon contracts let to contractors or subcontractors to perform the construction. The estimated costs shall be used as the basis for establishing the amount of any payments required in advance until such time as construction is completed and actual costs are determined, at which time the costs shall be recomputed and allocated based upon the actual costs.
(5) Costs of operation and maintenance shall be allocated among the users of the sewage pumping service area.
(Ord. 2015-17, June 3, 2015) (Ord. 1993-12, 09-20-1993)
(Ord. 2015-17, June 3, 2015) (Ord. 1993-12, 09-20-1993)
(Ord. 2015-17, June 3, 2015) (Ord. 1993-12, 09-20-1993)
(Ord. 2015-17, 06-03-2015) (Ord. 1993-12, 09-20-1993)
(Ord. 2015-17, 06-03-2015) (Ord. 1993-12, 09-20-1993)
(Ord. 2015-17, 06-03-2015)
(Ord. 2015-17, June 3, 2015) (Ord. 1993-12, 09-20-1993)
(Ord. 2015-17, June 3, 2015) (Ord. 1993-12, 09-20-1993)
(Ord. 2015-17, June 3, 2015) (Ord. 1993-12, 09-20-1993)
(Ord. 2015-17, June 3, 2015) (Ord. 1993-12, 09-20-1993)
(Ord. 2015-17, June 3, 2015) (Ord. 1993-12, 09-20-1993)
(Ord. 2015-17, June 3, 2015) (Ord. 1993-12, 09-20-1993)
(Ord. 2015-17, June 3, 2015) (Ord. 1997-16, 04-02-1997) (Ord. 1993-12, 09-20-1993)
(2) The POTW may adopt fees which may include, but are not to be limited to, the following fees for:
(3) Sewer charges shall be established by Resolution of the City Council.
(4) Metering of sewer lines will be allowed when the user elects to have the sewage flow metered subject to the following requirements:
(5) The City may provide for adjustments as needed to ensure equitable sewer charges. Such adjustments may be made where excessive quantities of culinary water pass through the water meter, but are consumed on the premises and do not enter the sewer system. In each such instance, the user will have the burden of providing evidence of such inequities by showing that the quantity of water not entering the sewer, but passing through the meter, exceeds 20% of the total flow in order to merit such consideration by the City.
(6) The City may make adjustments under the following conditions due to faulty inside plumbing:
(8) Where the POTW provides culinary water, the wastewater treatment charges may be combined for billing purposes with charges for water services rendered.
(9) In the event POTW service to any building or premises in the POTW is shut off, a fee to be set by the POTW shall be charged for restoring sewer service.
(10) When a user’s discharge causes an obstruction or damage, or because of the nature of the discharge, toxic pollutants increase the costs for managing the effluent or the sludge of the POTW, the user shall pay for the costs of removing the obstruction and repairing the damage.
(11) The POTW shall review, as often as deemed necessary by the Public Works Director or Finance Director, the total cost of operation and maintenance, as well as each user’s discharge, and will revise charges as necessary to assure equity and sufficient funds to adequately operate and maintain the POTW, which operation and maintenance cost includes debt service and reserves. If a significant industrial user has completed in-plant modifications which would significantly change that user’s discharge, the user can present to the Public works Director such factual information, and the POTW shall determine if the user’s charge is to be changed. (Ord. 97-16, 04-02-97)
(12) Each user will be notified, at least annually, in conjunction with a regular bill, of the rate and that portion of the user charges which are attributable to wastewater treatment services.
(13) Surcharges.
(Ord. 2015-17, June 3, 2015) (Ord. 1994-05, 01-01-1994) (Ord. 1993-12, 09-20-1993)
(2) The City shall cause billings for wastewater treatment charges, and/or water, to be rendered periodically at rates established in the Tooele City Fee Schedule.
(3) Fees and charges levied in accordance with this chapter shall be a debt due to the City. If this debt is not paid within 30 days after billing, it shall, at the City’s option, be deemed delinquent and subject to penalties and may be recovered by civil action, and the City shall have the right to terminate sewer and/or water service and enter upon private property for accomplishing such purposes.
(4) The City shall receive and collect the sewer fees and charges levied under the provision of this Chapter. In the event of partial payment, the City may apply the payment to any sums due for water and/or sewer fees or charges.
(5) Sewer service shall not be restored until all charges, including the expense of termination and restoration of service, shall have been paid.
(Ord. 2015-17, June 3, 2015) (Ord. 1993-12, 09-20-1993)
“Bypass” is the intentional diversion of wastestreams from any portion of an Industrial User’s treatment facility pursuant to UAC R317-8.8.15, and is hereby incorporated by this reference.
“Categorical Industrial User” means an industrial user who is subject to a Categorical Pretreatment Standard.
“Cooling water” means:
(2) Abbreviations. The following abbreviations shall have the designated meanings:
(Ord. 2015-17, June 3, 2015)
(2) Objectives. The objectives of this Chapter are to:
(d) Improve the opportunity to recycle and reclaim wastewater and sludge from the POTW;
(3) Industrial Users. No industrial user shall discharge non-domestic wastewater to the POTW unless done in compliance with the provisions of this Chapter.
(4) Owner/Tenant Responsibility. Where an owner of property leases a premises to a person as a tenant under any rental or lease agreement, if either the owner or the tenant is an Industrial User at the premises, both are jointly and severally responsible for compliance with the provisions of this Chapter.
(5) Authority of Director. Except as otherwise provided, the Director shall administer, implement, and enforce the provisions of this Chapter. Any powers granted to or duties imposed upon the Director may be delegated by the Director to other City personnel.
(6) Notification to Industrial Users. The Director shall attempt to notify in writing any Industrial User whom the City has reason to believe is subject to a National Categorical Pretreatment Standard or Requirement, or other applicable requirements promulgated by the EPA under the provisions of Section 204(b) or 405 of the Act, or under the provisions of sections 3001, 3004, or 4004 of the Solid Waste Disposal Act. Failure of the City to so notify industrial users shall not relieve said industrial users from the responsibility of complying with applicable requirements. It is the responsibility of Significant Industrial Users to apply for and receive a permit prior to discharge, whether or not the Industrial User has been identified and formally requested to do so.
(7) Discharge by Industrial Users. If wastewaters containing any pollutant, including excess flow, or as otherwise defined in this Chapter, are discharged, have the potential to discharge in the opinion of the Director, or are proposed to be discharged to the POTW, the Director may take any action necessary to:
(Ord. 2015-17, June 3, 2015)
(2) Specific Prohibitions. No Industrial User shall contribute the following pollutants into the POTW:
(3) Specific Discharge Limitations.
Pollutant 1 | Daily Maximum Discharge Limit (mg/L) |
Arsenic | 0.12 |
Cadmium | 0.14 |
Chromium | 8.74 |
Copper | 2.55 |
Lead | 0.89 |
Mercury | 0.046 |
Molybdenum | 0.60 |
Nickel | 2.32 |
Selenium | 0.43 |
Zinc | 9.48 |
5-Day Biochemical Oxygen Demand | 2628 |
Total Suspended Solids (TSS), lbs/day 2,3 | 2744 |
Notes to Table.
1. All Pollutants shown in the table are Totals and in mg/L unless otherwise specified.
2. These limits are the total mass in pounds per day (lbs/day) that are available to allocate to all permitted industrial users. Allocations are at the sole discretion of the City.
3. Discharges containing BOD5 or TSS concentrations over that of Normal Domestic Strength Wastewater shall be surcharged.
(4) The following limits shall apply to wastewaters that are discharged from the groundwater cleanup of petroleum or gasoline underground storage tanks or other remediation wastewaters containing these pollutants or in other wastewaters where these pollutants are appropriate surrogates. It shall be unlawful for any permitted Industrial User to discharge or cause to be discharged any waste or wastewater that exceeds the following limits, as applicable.
Pollutant(c) | Daily Maximum Limit (mg/L) |
Benzene(a) | 0.050 |
BTEX(b) | 03750 |
(a) All pollutants shown in the Table are totals.
(5) The Director may establish more stringent pollutant limits, additional site-specific pollutant limits, Best Management Practices, or additional Pretreatment Requirements when, in the judgment of the Director, such limitations are necessary to implement the provisions of this Chapter.
(6) Dilution is prohibited as a substitute for treatment and shall be a violation of this Chapter. Except where expressly authorized to do so by an applicable Pretreatment Standard or Requirement, no Industrial User shall ever increase the use of process water, or in any other way attempt to dilute a Discharge as a partial or complete substitute for adequate treatment to achieve compliance with a Pretreatment Standard or Requirement. The City may impose mass limitations on industrial users which are using dilution to meet applicable Pretreatment Standards or Requirements or in other cases where the imposition of mass limitations is appropriate.
(7) State requirements and limitations on discharges shall apply in any case where they are more stringent than federal Pretreatment Standards and Requirements or those in this Chapter.
(Ord. 2015-17, June 3, 2015)
(2) Where a Categorical Pretreatment Standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the Director may impose equivalent concentration or mass limits in accordance with 40 CFR Section 403.6.
(3) When the limits in a Categorical Pretreatment Standard are expressed only in terms of mass of pollutant per unit of production, the Director may convert the limits to equivalent limitations expressed either as mass of pollutant discharged per day or effluent concentration for purposes of calculating effluent limitations applicable to individual Industrial Users.
(4) Any Industrial User operating under a permit incorporating equivalent mass or concentration limits calculated from a production-based Standard shall notify the Director within two (2) business days after the User has a reasonable basis to know that the production level will significantly change within the next calendar month. Any Industrial User not notifying the Director of such an anticipated change will be required to meet the mass or concentration limits in its permit that were based on the original estimate of the long term average production rate.
(5) When wastewater subject to a Categorical Pretreatment Standard is mixed with wastewater not regulated by the same Standard, the Director shall impose an alternate limit in accordance with 40 CFR 403.6(e).
(6) A Categorical Industrial User may obtain a net/gross adjustment to a Categorical Pretreatment Standard in accordance with UAC R317-8-8.13.
(Ord. 2015-17, June 3, 2015)
(2) The Industrial User shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Industrial User. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by an Industrial User when the operation is necessary to achieve or assure compliance with the conditions of the permit.
(3) Monitoring Facilities. The City may require an Industrial User to install, at the Industrial User’s expense, suitable monitoring facilities or equipment that allow for the representative sampling and accurate observation of wastewater discharges. Whether constructed on public or private property, the monitoring facilities shall be constructed in accordance with the City’s requirements and all applicable construction standards and specifications. Monitoring equipment and structures shall be maintained in proper working order, calibrated as required by manufacturer’s recommendations and kept safe and accessible at all times to City personnel. The monitoring equipment shall be located and maintained on the Industrial User’s premises outside of the building unless otherwise approved by the City. When such a location would be impractical, the City may allow such facilities to be constructed in the public street or easement area, with the approval of the agency having jurisdiction over such street or easement, and located so that they will not be obstructed by public utilities, landscaping or parked vehicles. No Industrial User shall cover any manhole, sewer cleanout, or other openings in the wastewater collection system with earth or paving, or otherwise render it inaccessible.
(4) Wastewater Discharge Control. The City may require an Industrial User to restrict discharge during peak flow periods, designate that certain wastewater be discharged only into specified sewers, relocate and/or consolidate points of discharge, separate sewage wastestreams from industrial wastestreams, and such other conditions as may be necessary to protect the POTW and demonstrate the Industrial User’s compliance with the requirements of this Chapter.
(5) Flow Equalization. The City may require any Industrial User discharging into the POTW to install and maintain, on their property and at their expense, a suitable storage and flow-control facility to ensure equalization of flow. An Industrial Wastewater Discharge Permit may be required to address only flow equalization.
(6) Multitenant Buildings. When more than one Industrial User is able to discharge into a common service line, the City may require installation of separate monitoring equipment or structures for each Industrial User.
(7) Flow, pH, LEL and other meters and equipment. If the City determines an Industrial User is required to measure and report (i) wastewater flow, (ii) discharge process wastewaters necessitating continuous pH measurement or (iii) discharge wastewater that may contain flammable substances or other pollutants of concern, the City may require the Industrial User to install and maintain, at the Industrial User’s expense, approved meters and equipment.
(Ord. 2015-17, June 3, 2015)
(2) New Industrial Users: Applying for an Industrial Wastewater Discharge Permit. Any Industrial User required to obtain an Industrial Wastewater Discharge Permit who proposes to begin or recommence discharging into the POTW must apply for and obtain such permit prior to the beginning or recommencing of such discharge. The Industrial User shall file a permit application on forms provided by the City containing the information specified in subsection 8-11-6(6). The completed application for the Industrial Wastewater Discharge Permit must be filed at least ninety (90) days prior to the date upon which any discharge will begin or recommence. The City may issue a permit at any time after receipt of the completed permit application.
(3) Existing Industrial Users: Applying for an Industrial Wastewater Discharge Permit Re-issuance.
(5) Enforceability. Any violation of the terms and conditions of an Industrial Wastewater Discharge Permit, failure to apply for a permit as required, or discharging without a required permit shall be deemed a violation of this Chapter and subjects the Industrial User to enforcement by the City. Obtaining an Industrial Wastewater Discharge Permit does not relieve a permittee of its obligation to comply with all State and federal Pretreatment Standards or Requirements.
(6) Permit Application Contents. In support of the application, the Industrial User shall submit, in units and terms appropriate for evaluation, the following information:
concentrations, or mass, where required, shall be reported;
(7) Industrial Wastewater Discharge Permit Issuance.
(Ord. 2015-17, June 3, 2015)
(1) Permits shall contain the following:
(Ord. 2015-17, June 3, 2015)
(Ord. 2015-17, June 3, 2015)
(Ord. 2015-17, June 3, 2015)
(2) Industrial users shall retain such records and shall keep such records available for inspection for at least three (3) years. This recordkeeping period shall be extended automatically for the duration of any litigation concerning the Industrial User’s compliance with any provision of this Chapter, or when the Industrial User has been specifically and expressly notified of a longer records retention period by the Director.
(3) Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the U.S. Postal Service, the date of receipt of the report by the City shall govern.
(Ord. 2015-17, June 3, 2015)
(2) These provisions shall not be applicable to any information designated as a trade secret by the person supplying such information. Materials designated as a trade secret may include, but shall not be limited to, processes, operations, style of work or apparatus or confidential commercial or statistical data. Any information and data submitted by the Industrial User which is desired to be considered a trade secret shall have the words, “Confidential Business Information,” stamped on each page containing such information. The Industrial User must demonstrate to the satisfaction of the City that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets of the Industrial User.
(3) Information designated as a trade secret pursuant to this Section shall remain confidential and shall not be subject to public inspection. Such information shall be available only to officers, employees, or authorized representatives of the City charged with implementing and enforcing the provisions of this Chapter and properly identified representatives of the U.S. Environmental Protection Agency and the State of Utah and as required by law.
(4) Effluent data from any Industrial User, whether obtained by self-monitoring, monitoring by the City, or monitoring by any state or federal agency, shall not be considered a trade secret or otherwise confidential. All such effluent data shall be available for public inspection as required by law.
(Ord. 2015-17, June 3, 2015)
(2) Sample Type. Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, and based on data that is representative of conditions occurring during the reporting period.
(3) Analytical Requirements. All pollutant analysis, including sampling techniques, to be submitted as part of an Industrial Wastewater Discharge Permit application, report, permit or other analyses required under this Chapter shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto, unless otherwise specified in an applicable Categorical Pretreatment Standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the City or other parties approved by the EPA. All laboratory analyses shall be conducted by a laboratory certified by the Utah Bureau of Laboratory Improvements. If, for a specific pollutant, a laboratory is not certified, the City or Industrial User may use a non-certified laboratory after consultation with the Utah Department of Environmental Quality, Division of Water Quality.
(4) Records shall include for all samples:
(Ord. 2015-17, June 3, 2015)
(3) The occupant of such property or premises shall render all proper assistance in such activities. Where an Industrial User has security measures in place which require proper identification and clearance before entry into its premises, the Industrial User shall make necessary arrangements with its security personnel so that authorized representatives of the City will be permitted to enter without delay to perform their specified functions.
(4) The Director and other duly authorized agents and employees of the City are entitled to enter all private properties through which the City or any connecting jurisdiction holds an easement or similar access or occupancy right.
(5) Failure to allow entry or unreasonable delays: In the event the City or other duly authorized representative of the City is refused admission or unreasonably delayed, such refusal or delay is a violation of this Chapter and may result in enforcement action as allowed for under this Chapter including revocation of the Industrial Wastewater Discharge Permit and/or physical termination of the discharge to the City.
(6) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the Industrial User at the written or verbal request of the Director or authorized designee and shall not be replaced. The costs of clearing such access shall be borne by the Industrial User.
(7) Search Warrants. If the City has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this Chapter or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the City designed to verify compliance with this Chapter or any permit or order issued hereunder, or to protect the overall public health, safety, and welfare of the community, the Director may seek issuance of a search warrant from a Court of competent jurisdiction.
(Ord. 2015-17, June 3, 2015)
(2) Baseline Monitoring Reports (BMR) – Categorical Industrial Users.
(4) 24 Hour Notice and 30 Day Re-sampling. If sampling performed by an Industrial User indicates a violation of this Chapter, the Industrial User shall notify the City within twenty-four (24) hours of becoming aware of the violation. The Industrial User shall also repeat the sampling and analysis and submit the results of the repeat analysis to the City within thirty (30) days after becoming aware of the violation. The Industrial User is not required to resample if the following occurs:
(5) Slug and Spill Discharges – Notification and Plan Development.
(6) Reports of Potential Problems – Slug Discharges.
(7) Reports for Other Significant Industrial Users. If the City deems it necessary to assure compliance with provisions of this Chapter, any Industrial User of the POTW may be required to submit an Industrial Wastewater Discharge Permit application, questionnaire, or other reports and notifications in a format and timeframe as specified by the City.
(8) Signatory Certification. All reports and other submittals required to be submitted to the City shall include the following statement and signatory requirements.
(10) Change in Discharge or Operations.
(11) Notification of the Discharge of Hazardous Waste.
(12) Requests for Information.
(Ord. 2015-17, June 3, 2015)
(2) Fats, Oils, and Grease (FOG) and Sand/Oil Separator Best Management Practices.
(2) Publication of Industrial Users in Significant Noncompliance. The City shall publish annually, in a newspaper of general circulation that provides meaningful public notice, a list of the Significant Industrial Users which, at any time during the previous twelve (12) months, were in Significant Noncompliance with applicable Pretreatment Standards and Requirements. In addition, any Industrial User found to be in Significant Noncompliance with paragraphs (c), (d) or (h) below shall also be published in the newspaper. The following criteria shall be used to define Significant Noncompliance:
(4) Administrative Appeals. Appeals of Administrative Enforcement Actions shall be to a Tooele Administrative Hearing Officer.
(5) Judicial Enforcement Remedies.
(Ord. 2015-17, June 3, 2015)
(Ord. 2015-17, June 3, 2015)
(Ord. 2022-09, 03-16-2022) (Ord. 1988-34, 01-04-1989)
(Ord. 2022-09, 03-16-2022) (Ord. 2007-08, 04-18-2007) (Ord. 1988-34, 01-04-1989)
(Ord. 2022-09, 03-16-2022) (Ord. 2007-08, 04-18-2007) (Ord. 1988-34, 01-04-1989)
(Ord. 2022-09, 03-16-2022) (Ord. 2007-08, 04-18-2007) (Ord. 1988-34, 01-04-1989)
(Ord. 2022-09, 03-16-2022) (Ord. 2007-08, 04-18-2007) (Ord. 1988-34, 01-04-1989)
(Ord. 2022-09, 03-16-2022) (Ord. 2007-08, 04-18-2007) (Ord. 1988-34, 01-04-1989)
(2) The following shall result in the denial of an application:
(3) The following shall result in reduction of payment:
(5) Non-residential Buildings. Only one owner of a non-residential building may apply for assistance related to an incident. Only one lessee per business premises in a non-residential building may apply for assistance related to an incident.
(Ord. 2022-09, 03-16-2022) (Ord. 2007-08, 04-18-2007) (Ord. 1988-34, 01-04-1989)
(2) For budgeting purposes, payments under this Chapter shall not exceed $100,000 per fiscal year. However, the City Council may, in its sole discretion and without amendment to this Section, budget additional funds in any given fiscal year.
(Ord. 2022-09, 03-16-2022) (Ord. 2007-08, 04-18-2007) (Ord. 1988-34, 01-04-1989)
(2) This Chapter shall not in any way supersede, change, waive, or abrogate the Government Immunity Act of Utah, and its application to the City, or establish in any person a right to sue the City.
(3) An application for assistance under this Chapter is not a claim against the City and does not satisfy the Notice of Claim requirements of the Governmental Immunity Act.
(4) Any payment of assistance under this Chapter and accepted by the applicant shall constitute a full and complete release of any and all claims against the City, its officers, employees, and agents for any damage or loss arising from the incident.
(5) Any payment of assistance under this Chapter shall be expressly conditioned upon the City first receiving a written release of liability, signed and notarized by the applicant, in a form acceptable to the City Attorney.
(Ord. 2022-09, 03-16-2022) (Ord. 2007-08, 04-18-2007) (Ord. 1988-34, 01-04-1989)
(Ord. 2022-09, 03-16-2022) (Ord. 2007-08, 04-18-2007) (Ord. 1988-34, 01-04-1989)
(Ord. 2022-09, 03-16-2022) (Ord. 2007-08, 04-18-2007) (Ord. 1988-34, 01-04-1989)
(Ord. 2013-14, 09-04-2013) (Ord. 2007-16, 04-18-2007)
(Ord. 2013-14, 09-04-2013) (Ord. 2007-16, 04-18-2007)
(Ord. 2016-16, 09-21-2016)
Event, Entertainment – An organized activity or event occurring entirely or partially within a public right-of-way or on public property, having as its primary purpose the entertainment or amusement of a group of people, including a parade, carnival, fair, show, concert, pageant, exhibition, ceremony, reunion, block party, and neighborhood gathering.
Event, Filming – An organized activity or event occurring entirely or partially within a public right-of-way or on public property, having as its primary purpose filming activities, such as, the making of a movie.
Event, Political – An organized activity or event occurring entirely or partially within a public right-of-way or on public property, having as its primary purpose the exercise of expressive activities of a political nature, including speech-making, picketing, protesting, marching, demonstrating, debating, or addressing public or social issues.
Event, Special – Any athletic event, entertainment event, or political event, whether for profit, not for profit, charitable, or other purposes. Also event.
Neighborhood Gathering – See block party.
Occur Entirely Or Partially Within A Public Right-of- way – When any portion of a special event, including set up and take down, takes place on a public sidewalk, park strip, curb and gutter, or road. Does not include the mere driving on a public right-of-way to, from, or as part of a special event.
Permit – A special event permit.
Promoting Entity – That person or organization that is paying, in whole or in majority part, the costs associated with a special event.
Sponsoring Entity – That person or organization that is organizing, promoting, conducting, funding, or otherwise sponsoring a special event.
Spontaneous Assembly – A meeting, gathering, or assembly, occurring entirely or partially within a public right-of-way or on public property, that is neither planned, organized, nor coordinated in advance but that occurs as a spontaneous reaction to a special event or another spontaneous assembly, and where the requirement to obtain a special event permit would prohibit or substantially limit constitutionally protected speech or assembly.
(Ord. 2016-16, 09-21-2016)
(2) Except as expressly exempted, all special events are subject to the requirements of this Chapter.
(3) Except as expressly exempted, it shall be unlawful for any individual, corporation, partnership, association, or other person or entity to promote, sponsor, advertise, manage, or conduct a special event without first applying for and obtaining a Tooele City special event permit, and paying the associated permit fee.
(4) It shall be unlawful for any person involved in a spontaneous assembly:
(Ord. 2016-16, 09-21-2016)
bicycle, or pedestrian traffic within a public right-of-way.
(3) A special event permit application fee shall be established by resolution of the City Council. An application shall not be considered complete until after the payment of the application fee. The application fee is not refundable should an application be withdrawn, left incomplete, or denied.
(4) The use of certain public properties, such as, pavilions in public parks, shall require the payment of rental, reservation, or other user fees in addition to the special event permit application fee.
(5) A special event permit application may be submitted no earlier than 12 months in advance of the proposed special event.
(6) Approval of applications for conflicting or competing special events shall be determined based on which application was the first completed application to be submitted to the department, including the payment of the permit application fee. Tooele City, however, may invite applicants to consider alternate special event dates and locations in order to resolve conflicts.
(Ord. 2016-16, 09-21-2016)
(2) Tooele City is hereby authorized to impose upon a special event permit all conditions deemed reasonably necessary to protect the public health, safety, and general welfare. Tooele City representatives may inspect the location of a special event at any time to verify compliance with the provisions of this Chapter and with the conditions of a special event permit.
(3) In order to protect the public health, safety, and general welfare, the City may require the use of certified Tooele City peace officers for special event traffic control and security. The number of peace officers required shall be determined by the police department upon consideration of factors such as the following: dates and times of the special event; estimated special event duration; special event route locations and length; public right-of-way closures required by the special event; anticipated traffic and weather conditions; estimated number of special event staff, participants, and spectators at the special event; nature, composition, format, and configuration of the special event; and, conflicting permitted special events. The cost for peace officer services shall be included in the definition of additional city services. No private, non-certified, or non-Tooele City peace officers may be utilized except with the written authorization of the police department. It shall be a violation of this Chapter to use traffic control or security officers not authorized by the police department.
(4) A special event permit shall be maintained at all times in the possession of the sponsoring entity contact person or named designee at the site of the special event. A special event permit shall be displayed at the request of any Tooele City agent. It shall be a violation of this Chapter to fail to so maintain or display the permit.
(Ord. 2016-16, 09-21-2016)
(2) By signing a special event permit application, the applicant and the sponsoring entity agree to assume the entire risk of all damage and injury that may occur in connection with or arising out of the permitted special event.
(3) Prior to a permitted special event, the sponsoring entity shall agree in writing, upon a form approved by the City Attorney, to indemnify, hold harmless, and defend Tooele City and its agents against any claim for loss, damage, or expense sustained by any person in connection with or arising out of a permitted special event.
(4) Prior to a special event, the City may require a sponsoring entity to pay to the City a reasonable refundable cash deposit to be used, in the City’s discretion, to repair damage to the public rights-of-way or public property upon which the special event is to occur.
(Ord. 2016-16, 09-21-2016)
(Ord. 2016-16, 09-21-2016)
(2) An applicant may appeal to the Administrative Hearing Officer the Mayor’s denial of a special event permit and imposition of conditions upon the approval of a special event permit.
(Ord. 2016-16, 09-21-2016)
(2) Tooele City will not charge an additional fee for basic city services.
(3) The applicant shall leave the public rights-of-way and public property utilized for a permitted special event in as good a condition as when received. The applicant and the sponsoring entity, if different, shall be jointly and severally liable to reimburse Tooele City for any documented costs incurred by the City to clean up and make repairs that exceed the deposit and for payment of costs for additional city services.
(Ord. 2016-16, 09-21-2016)
(Ord. 2016-16, 09-21-2016)
(Ord. 2016-16, 09-21-2016)
(Ord. 2016-16, 09-21-2016)
(2) Tooele City may use all legal means to prevent or to stop a special event conducted in violation of any provision of this Chapter.
(Ord. 2016-16, 09-21-2016)
(Ord. 2021-38, 11-17-2021)
Damage – any injury to or destruction of a tree, including but not limited to: uprooting; severance of all or part of the root system or main trunk; storage of material on or compaction of surrounding soil; a substantial change in the natural grade above a root system or around a trunk; surrounding the tree with impervious paving materials; or, any trauma caused by accident or collision.
Park strip – the area along a public street between the curb and the sidewalk; or, if there is no curb or sidewalk, the unpaved portion of the area between the street right-of-way line and the paved portion of the street or alley.
Public property – all grounds and rights-of-way (ROWs) owned or maintained by the City.
Public tree – any tree or woody vegetation on city-owned or city-maintained property or rights-of-way, including the park strip.
Top or Topping – the non-standard practice of cutting back of limbs to stubs within a tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree.
(Ord. 2021-38, 11-17-2021)
(2) Coordination among city departments. All city departments will coordinate as necessary with the Director and will provide services as required to ensure compliance with this Chapter as it relates to streets, alleys, rights-of-way, drainage, easements, and other public properties not under direct jurisdiction of the Director.
(3) Interference. No person shall hinder, prevent, delay, or interfere with the Director or agents while engaged in carrying out the execution or enforcement of this Chapter.
(Ord. 2021-38, 11-17-2021)
(1) Duties. The Board shall act in an advisory capacity to the Director and shall:
(a) Coordinate and promote Arbor Day activities;
(3) Term of Office. Board members shall be appointed for three-year staggered terms. If a vacancy occurs during the term of any member, a successor shall be appointed.
(4) Officers. The Board shall annually select one of its members to serve as chair, may appoint a second member to serve as vice-chair, and may appoint a third member to serve as secretary.
(5) Meetings. The Board shall meet a minimum of four times each year. All meetings shall be open to the public. The Board chair may schedule additional meetings as needed. The Board is not a public body for purposes of the Utah Open Meetings Act.
(6) Council Liaison. The City Council may select one of its own members to attend and participate in Board meetings as a Board liaison to the Council, but who is not a member of the Board.
(Ord. 2021-38, 11-17-2021)
(2) Requirements of franchise utility companies. The maintenance of public trees for utility clearance shall conform to all applicable utility industry standards and shall avoid tree damage and topping.
(3) Preferred species list. The Director shall maintain an official list of desirable tree species for planting on public property, including particularly park strips, in two size classes:
(5) Planting trees under overhead electric and communication utility lines. Only trees listed as Ornamental trees on the official city tree species list may be planted under or within 15 lateral feet of any overhead utility wire.
(Ord. 2021-38, 11-17-2021)
(2) It shall be unlawful for any person, firm, or corporation to attach any cable, wire, sign, or any other object to any street, park, or public tree.
(3) It shall be unlawful for any person, firm, or corporation to “top” any public Trees severely damaged by storms or other causes, where best pruning practices are impractical, may be exempted from this provision at the determination of the Director.
(4) Any person, firm, corporation, or city department performing construction near any public tree shall consult with the Director and shall employ appropriate measures to protect the tree, according to procedures contained in the Best Management Practices (BMPs) for “Managing Trees During Construction” published by the International Society of Arboriculture.
(5) Each violation of this section as determined and notified by the Director shall constitute a separate civil violation, punishable by civil penalties under Section 10, in addition to mitigation values placed on the trees removed or damaged in violation of this Section.
(Ord. 2021-38, 11-17-2021)
(2) No owner of land adjacent to any city street or highway shall allow a park strip tree, or other plant growing on his or her property, to obstruct or interfere with pedestrians or the view of drivers, thereby creating a hazard. If an obstruction persists, the Director shall notify the property owner to prune or remove the tree or plant. If the owner fails to comply with the notice, the City may undertake the necessary work and charge the cost to the property owner.
(3) Trees located in the ROW park strips are owned by Tooele City. Property owners shall be responsible to maintain and prune all trees in the park strips adjacent to the property, and may not remove a park strip tree without the written permission of the Director.
(4) No owner of land shall allow a tree or planting on the owner’s land to obstruct or interfere with pedestrians on the public sidewalk or the view of drivers, thereby creating a hazard. If an obstruction persists, the Director shall notify the property owner to prune or remove the tree or plant. If the owner fails to comply with the notice, the City may undertake the necessary work to clear the obstruction and charge the cost to the property owner.
(Ord. 2021-38, 11-17-2021)
(2) Private property owners have the duty, at their own expense, to remove or treat nuisance trees on their property. The City may remove such trees at the owner’s expense if the owner does not comply with treatment and/or removal as specified by the Director within the written notification period.
(Ord. 2021-38, 11-17-2021)
(Ord. 2021-38, 11-17-2021)
(2) Appeals shall be submitted to the Mayor’s office in writing, setting forth the basis of the appeal, and shall be submitted within 15 days of the date of notice of the Director’s decision or of the violation.
(Ord. 2021-38, 11-17-2021)
(Ord. 2021-38, 11-17-2021)
(Ord. 2021-38, 11-17-2021)
(Ord. 2021-38, 11-17-2021)
(Ord. 1993-09, 05-13-1993)
(Ord. 2015-06, 12-16-2015) (Ord. 1993-09, 5-13-1993)
(2) It shall be unlawful for any person to disinter any body in the cemetery except under the direction of the cemetery supervisor. Before disinterment, a permit shall be required from the Tooele County Health Department, with the exception of cremated remains and stillborn babies. Before disinterment, the cemetery supervisor shall require a written order from the owner of the burial right authorizing such removal, which order shall be kept in the records of the cemetery. All such removals shall be recorded by the cemetery supervisor in a record kept for that purpose.
(3) The City is empowered to exercise its discretion with regards to approving or denying requests for disinterment in light of the public health, safety, and welfare. All disinterments shall comply with federal, state, and local laws and regulations.
(Ord. 2015-06, 12-16-2015) (Ord. 1993-09, 05-13-1993)
(2) The cemetery supervisor shall dig or cause to be dug all graves required for the burial of the dead.
(3) The cemetery supervisor shall make periodic reports of the work performed to the Mayor as the Mayor shall require.
(4) The cemetery supervisor shall keep in reasonable repair the enclosure around the cemetery, and so far as is reasonable prevent the destruction or defacing by the City of any marker or monument placed or erected therein.
(5) The cemetery supervisor shall have charge of a duplicate plat of the cemetery and shall, at the request of any person wishing to purchase a right to burial, point out any of the unoccupied lots or parts of lots in which rights for burial may be sold. Upon the purchaser’s payment to the City of the price of the right to be buried, the cemetery supervisor shall make and execute a certificate of right to burial, signed by the Mayor and attested by the City Recorder, a copy of which certificate shall be delivered to the purchaser.
(Ord. 2015-06, 12-16-2015) (Ord. 1993-09, 05-13-1993)
(Ord. 2016-07, 03-16-2016) (Ord. 2015-06, 12-16-2015) (Ord. 1993-09, 05-13-1993)
(2) By January 1 and July 1 of each year, the cemetery supervisor will cause to be filed with the office of the Tooele County Recorder a document evidencing the burial rights approved by the City for the City Cemetery during the preceding 6 months.
(Ord. 2015-06, 12-16-2015) (Ord. 1993-09, 05-13-1993)
(2) The certificate shall be signed by the Mayor and shall be attested by the City Recorder. The City Recorder shall keep a copy of each certificate issued as part of the records of the City Recorder’s office.
(3) Transfer of a right to burial from the grantee on the certificate shall be recognized only upon recordation with the cemetery supervisor. When a right to burial is to be transferred or reverts to the City, the original certificates or deeds shall be filed with the cemetery supervisor, and before certificates of the right to burial are issued covering such graves, the original certificate or deed shall be canceled or quit claim deed given and the record so changed.
(4) All rights of burial are subject to the City’s reservation of the right of access over and across any lot or burial space in the cemetery for repair of turf, installation or maintenance of water pipes or water lines for the improvement of the cemetery, for the opening and closing of adjacent graves, and for other cemetery-related purposes. The cemetery supervisor is responsible to see that all the work is completed and the surface returned to the original condition after such installation or maintenance work.
(5) Upon payment of the purchase price for any right to burial, the certificate issued by the cemetery supervisor in the name of the purchaser shall vest in the purchaser the right to use the burial space or lot for burial purposes only and subject to all rules, regulations, limitations, and conditions imposed by this Chapter and by the cemetery supervisor as are necessary for efficient care of the cemetery.
(Ord. 2015-06, 12-16-2015) (Ord. 1993-09, 05-13-1993)
(2) As an alternative, the City Council may pass a resolution demanding that the owner of a lot, site, portion of the cemetery, or burial rights, which have been unused for burial purposes for more than 60 years, file with the City recorder notice of any claim to the lot, site, or parcel. The City Council shall then cause a copy of the resolution to be personally served on the owner in the same manner as personal service of process in a civil action. The resolution must notify the owner that the owner must, within 60 days after service of the resolution on the owner, express interest in maintaining the cemetery lot and submit satisfactory evidence of an intention to use the lot for burial. If the owner cannot be personally served with the resolution of the City Council, the City Council must publish its resolution for three successive weeks in a newspaper of general circulation within the county and mail a copy of the resolution within 14 days after the publication to the owner’s last known address, if available. If, for 30 days after the last date of service or publication of the City Council’s resolution, the owner or person with a legal interest in the cemetery lot fails to state a valid interest in the use of the cemetery lot for burial purposes, the owner’s rights are terminated and that portion of the cemetery shall be vested in the City.
(3) The owner, grantee, or person claiming though the grantee shall have the right, on presentation of the certificate of title or right to burial to the City, for any lot or parcel which has been reverted to the City, at the option of the City, to:
(2) Oversized burials may be accommodated provided they do not encroach on adjacent lots for which burial rights have been purchased, or on nearby vaults or caskets.
(Ord. 2015-06, 12-16-2015) (Ord. 1993-09, 05-13-1993)
(Ord. 2015-06, 12-16-2015) (Ord. 1993-09, 05-13-1993)
(Ord. 2015-06, 12-16-2015) (Ord. 1993-09, 05-13-1993)
(2) It shall be unlawful for any person to erect or place any monument on any lot in the City cemetery, unless the same shall be placed in accordance with City specifications established in the administrative policy.
(3) It shall be unlawful for any person to place any monument on any lot in the cemetery made of any material other than granite, marble, or memorial bronze, or other material allowed by administrative policy approved by the Mayor.
(4) All markers placed in the cemetery shall be set in accordance with City specifications established in the administrative policy.
(5) Additional markers or monuments may be placed on a grave with the consent of the owner of the burial rights of the grave on which the marker or monument is placed, if that owner is living, or of the heirs of the deceased buried in the grave if that owner is not living.
(6) It shall be unlawful for any person to place more than one marker or monument at the head of any one grave.
(7) Vases and flowers shall be allowed as established in an administrative policy approved by the Mayor.
(8) It shall be unlawful to place any aboveground marker or monument in the cemetery without first paying a permit fee.
(9) It shall be unlawful for any person to violate any rule or regulation set forth in this Chapter or any published rules or regulations established respecting the City cemetery.
(10) Persons owning a certificate of right to burial, or relatives of deceased persons buried in said cemetery, shall erect and maintain in a manner satisfactory to the cemetery supervisor suitable monuments at the heads of graves, with the names of the deceased plainly inscribed thereon.
(11) The placing of all markers, monuments, improvements, and other works of any nature or description shall be done under the direction and control of the cemetery supervisor.
(12) The cemetery supervisor may arrange and maintain trees, shrubs, and other landscaping to enhance the beauty of the cemetery. No tree, shrub, or other plant may be planted in or removed from the cemetery without the approval of the cemetery supervisor or Director of the department of parks and recreation.
(Ord. 2015-06, 12-16-2015) (Ord. 1993-09, 05-13-1993)
(2) It shall be unlawful for any person to drive any motor vehicle within the limits of the cemetery at a rate of speed greater than 15 miles per hour.
(3) It shall be unlawful for any person to injure or deface any monument, marker, tree, shrub, or any other property in the City cemetery.
(Ord. 2015-06, 12-16-2015) (Ord. 1993-09, 05-13-1993)
(2) In addition to the purchase price, perpetual care of cemetery lots shall be assumed by the City upon purchase of rights to burial. Thereafter the City shall, at its expense, care for and maintain lots and burial spaces.
(3) All lots and parts of lots in the cemetery shall be exempt from execution and from taxation.
(4) It shall be unlawful for any person to be buried in the cemetery without the casket being placed in a permanent-type vault, which vault type must be approved by the cemetery supervisor.
(5) Burial vaults must be made of concrete or similar structurally-sound material, and constructed in such a manner that the vault will not collapse or disintegrate at any point. Burial vaults constructed of plastic or fiberglass shall not be allowed. All vaults must have a properly fitting lid. Lids must be sealed with appropriate materials before a grave may be refilled. The cemetery supervisor is authorized to reject a vault that does meet these requirements or that places at risk the public health, safety, or welfare.
(Ord. 2015-06, 12-16-2015) (Ord. 1993-09, 05-13-1993)
(Ord. 2015-06, 12-16-2015) (Ord. 1993-09, 05-13-1993)
(Ord. 2015-06, 12-16-2015) (Ord. 1993-09, 05-13-1993)
(2) Cemetery patrons only are allowed in the cemetery. It shall be unlawful for any person to climb over or crawl under the cemetery fence or to damage a cemetery fence.
(3) Children under 12 years of age must be accompanied at all times on the cemetery property by a parent or some supervising adult 18 years of age or older.
(4) It shall be unlawful to engage in recreational activities, other than walking, on the cemetery property. Recreational walking shall be done only on the permanent roadways and walkways.
(5) The cemetery supervisor, any person working for the cemetery supervisor’s office, or any peace officer is empowered to enforce the provisions of this chapter and to abate any vandalism or trespassing within the cemetery property.
(6) Any violation of this Chapter is a class C misdemeanor.
(Ord. 2015-06, 12-16-2015) (Ord. 1993-09, 05-13-1993)
(2) “Perpetual care” as used in this Section includes upkeep provided by the City, including mowing grass at reasonable intervals, sodding and reseeding, filling sunken graves, sprinkler irrigating, trimming trees and shrubs as reasonably necessary, removing decorations and wilted flowers, edging around markers and monuments, and other cleanup as directed by the cemetery supervisor. No other service is provided. Perpetual care does not include repairing or replacing markers, monuments, or other personal property.
(2) Charges shall be made for all other services performed and improvements made agreed to by the cemetery supervisor according to the fee schedules established by the City Council. If no fee has been established for specific special service as requested, and which the cemetery supervisor has agreed to provide, a reasonable sum based upon the cost to the City shall be assessed by the cemetery supervisor.
(Ord. 2015-06, 12-16-2015) (Ord. 1993-09, 05-13-1993)
(Ord. 2015-06, 12-16-2015) (Ord. 1993-09, 05-13-1993)
(Ord. 2015-06, 12-16-2015) (Ord. 1993-09, 05-13-1993)
(2) The cemetery supervisor and the cemetery supervisor’s employees and co-workers will not be responsible for any error or claimed error in opening graves when orders are given by telephone or other than in writing.
(Ord. 2015-06, 12-16-2015) (Ord. 1993-09, 05-13-1993)
(Ord. 2015-06, 12-16-2015) (Ord 1993-09, 05-13-1993)
(Ord. 1993-09, 05-13-1993)
(Ord. 1994-06, 3-16-1994)
(2) The property owner shall provide proof of property ownership, in a form acceptable to the City, at the time of application.
(3) Monthly charges for all city-provided utility services shall be billed to the property owner of record whether the property is owner occupied or renter occupied.
(4) A person authorized by a property owner power of attorney, by probate, or by a court order may sign an application and shall thereafter be responsible for and pay for city utility services.
(5) As an express condition of receiving city utility services, the property owner agrees to, and shall, indemnify, defend, and hold the City harmless against any and all claims made against the City arising in any way out of the property owner’s conduct or failure to act with respect to any tenants, including the termination of city utility services to leased premises at the request of the owner or because of the owner’s failure to pay for such services. This indemnity shall include attorneys fees and costs.
(Ord. 2015-20, July 15, 2015)
(Ord. 2015-20, July 15, 2015) (Ord. 1994-06, 3-16-1994)
(Ord. 1994-06, 03-16-1994)
(Ord. 1994-06, 03-16-1994)
(Ord. 2015-20, July 15, 2015) (Ord. 1994-06, 03-16-1994)
(Ord. 1994-06, 03-16-1994)
(Ord. 1994-06, 03-16-1994)
(2) Every backbill shall contain a written explanation of the reason for the backbill that shall be sufficiently detailed to apprise the customer of the circumstances, error, or condition that caused the underbilling, and, if the backbill covers more than a 24-month period, a statement setting forth the reasons the City did not limit the backbill under Subsection (4).
(3) The City shall not render a backbill more than three months after the City actually became aware of the circumstance, error, or condition that caused the underbilling. This limitation does not apply to fraud or theft of service.
(4) The City shall not bill a customer for service rendered more than 24 months before the City actually became aware of the circumstance, error, or condition that caused the underbilling or that the original billing was incorrect.
(5) In case of customer fraud, the City shall estimate a bill for the period over which the fraud was perpetrated. The time limitation of Subsection (4) does not apply to customer fraud situations.
(6) The City shall permit the customer to make arrangements to pay a backbill without interest over a time period at least equal in length to the time period over which the backbill was assessed, unless the City has demonstrated that the customer knew or reasonably should have known that the original billing was incorrect or in the case of fraud or theft. Interest will be accessed at the rate applied to past due accounts on all amounts not timely paid in accordance with the established arrangements.
(Ord. 1994-06, 03-16-1994)
(a) a meter registering more than two percent fast, or a defective meter;
(3) The City shall not refund or give a credit for overpayments which occurred more than 24 months before the customer submitted a complaint to the City, or the City actually became aware of an incorrect billing which resulted in an overpayment.
(4) The City shall not pay interest on overpayments.
(Ord. 1994-06, 03-16-1994)
(Ord. 1980-45, 12-4-1980)
(2) All water connection permits issued by Tooele City shall lapse two years from the date thereof unless prior thereto a meter deposit is paid to Tooele City and water is delivered by Tooele City through said connection.
(3) Water connection fees shall be payable with the application for a water connection which application shall be made where applicable with the building permit and no building permit shall issue where water connection is contemplated, prior to the payment of the water connection fee.
(Ord. 79-32, 12-14-79; 78-22, 8--78)
Any person desiring to discontinue the use of water supplied to any premises for a period of not less than one month shall give notice in writing to the Mayor. No reduction or abatement of water rates shall be made unless such notice shall be given. No sprinkling will be allowed unless premises are supplied through a meter.
(Ord. 1967-3, 08-14-1967)
(Ord. 1967-3, 08-14-1967)
Each service lateral shall have a corporation stop at the junction of the main and service lines.
No consumer shall be permitted to conduct water pipes across lots or buildings to adjoining premises, without permission from the Mayor, and a stop-cock and key-box shall be attached at the junction of such service pipe.
(Ord. 1975-3, 4-28-1975)
No person, except under the direction of the Mayor and in compliance with the provisions of Title 4, Chapter 9 of this Code, shall dig into the street, sidewalk, right of way or other public place within the limits of Tooele City, for the purpose of laying, removing or repairing any service pipe.
(Ord. 1983-02, 6-4-1983)
(Ord. 1967-3, 08-14-1967)
(2) It shall be unlawful for any person not duly authorized by the mayor or his designated representative to open or operate any fire hydrant or to tamper or interfere with or attempt to draw water therefrom or in any way to obstruct the approach thereto.
(3) It shall be unlawful for any person to interfere with, tamper with, or injure, break, damage or destroy any water meter, fire hydrant, or any other attachment pertaining to the water works system of Tooele City.
(Ord. 2016-13, 07-06-2016) (Ord. 1977-22, 11-19-1977)
It shall be unlawful for any person without due authority to have in his possession, any wrench for a fire hydrant.
It shall be unlawful for any person having lawful charge of any hydrant wrench to permit the same to be taken from him, or from place of deposit, or to permit such wrench to be used for any purpose other than that authorized by the Mayor.
(Ord. 1967-3, 08-14-1967)
(Ord. 1967-3, 08-14-1967)
(Ord. 1967-3, 08-14-1967)
(Ord. 1997-44, 06-04-1997); (Ord. 1980-42, 10-2-1980)
(Ord. 1967-3, 08-14-1967)
(Ord. 1967-3, 08-14-1967)
(Ord. 2002-08, 04-17-2002); (Ord. 1967-3, 08-14-1967)
(2) Whenever the mayor shall determine that an emergency exists requiring the implementation of the provisions of this section, he shall give public notice thereof by proclamation either printed in a newspaper of general circulation within Tooele City or published by other means reasonably calculated to notify the public of restricted watering schedules. The proclamation shall become effective immediately upon such publication or notification.
(3) Whenever more serious water restrictions than those initially instituted by the proclamation are deemed by the mayor necessary to be imposed, the mayor shall meet with the City Council to formulate a plan for instituting appropriate restricted watering schedules, conservation measures, rationing or other measures.
(4) The mayor may, upon recommendation of county health officers, permit reasonable use of water in any case necessary to maintain adequate health sanitation standards.
(5) Violations. A violation of the proclamation of the mayor or other restrictions, conservation measures, rationing, or other measures established by the mayor and City Council shall be a civil infraction, punishable as follows:
(7) Appeals. Appeal of a Notice of Violation shall be to the Administrative Hearing Officer.
(Ord. 2013-07, 04-17-2013); (Ord. 2006-02, 01-04-2006); (Ord. 2002-08, 04-17-2002); (Ord. 1989-15, 09-06-1989)
(Ord. 1980-45, 12-4-1980)
(Ord. 1967-3, 08-14-1967)
(2) It shall be unlawful for any person to do or permit to be done any of the things hereinafter described in any canyon or along any stream of water used by the inhabitants of the City for their supply anywhere within the watershed area of said City.
(i) To throw or break bottles or glass.
(Ord. 1967-03, 08-14-1967)
(Ord. 1980-16, 4-10-1980)
(Ord. 2009-06, 05-06-09) (Ord. 1980-16, 4-10-1980)
(2) The purpose of this ordinance is to ensure the provision of a safe and sanitary drinking water supply to the residents of Tooele City who receive water for culinary and domestic use from the City by the establishment of drinking water source protection zones surrounding the wellheads and springs for all wells and springs used by the City and by the designation and regulation of property uses and conditions that may be maintained within such zones.
(Ord. 2000-12, 08-02-2000)
(A) “Animal feeding operation” means a lot or facility where the following conditions are met: animals have been or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12 month period, and crops, vegetation forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility. Two or more animal feeding operations under common ownership are considered to be a single feeding operation if they adjoin each other, if they use a common area, or if they use a common system for the disposal of wastes.
(Ord. 2000-12, 08-02-2000)
(2) In addition to the uses permitted under 9-5-4(1) herein, the following uses, including uses incidental and accessory to that use, shall be allowed within the respective drinking water source protection zones:
(Ord. 2000-12, 08-02-2000)
(Ord. 2000-12, 08-02-2000)
(Ord. 2000-12, 08-02-2000)
(Ord. 2000-12, 08-02-2000)
(b) to comply with the State of Utah Public Drinking Rules, Section R309-102-5; and,
(Ord. 2000-11, 06-21-2000)
(2) Drinking water system surveys/inspections of the consumer’s water distribution system(s) shall be conducted or caused to be conducted by individuals deemed qualified by and representing Tooele City. Survey records shall indicate compliance with the State of Utah administrative rules. All such records will be maintained by Tooele City.
(3) Tooele City shall schedule and notify in writing, all consumers of the need for the periodic system survey to insure compliance with existing applicable minimum health and safety standards.
(4) The appropriate backflow will not be restored until such conditions or defects are corrected. Low prevention devices shall be identified as a result of the system survey.
(Ord. 2000-11, 06-21-2000)
(2) It shall be the responsibility of the consumer to purchase, install, and arrange and pay for testing and maintenance of any backflow prevention device/assembly required to comply with this ordinance. Failure to comply with this ordinance shall constitute grounds for disconnection of service.
(3) If Tooele City deems it necessary to protect distribution system against possible backflow or cross connection with dual check valve device at meter set it will be consumers responsibility to protect themselves against possible thermal expansion.
(Ord. 2000-11, 06-21-2000)
(3) Whenever the public water purveyor deems that a service connection’s water usage contributes a sufficient hazard to the water supply, an approved backflow prevention assembly shall be installed on the service line of the identified consumer’s water system, at or near the property line or immediately inside the building being served; but, in all cases, before the first branch line leading off the service line.
(4) The type of protective assembly required under Subsection (3) shall depend upon the degree of hazard which exists at the point of cross connection (whether direct or indirect), applicable to local and state requirements or resulting from the required survey.
(5) All presently installed backflow prevention assemblies which do not meet the requirements of this section but were approved assemblies for the purposes described herein at the time of installation and which have been properly maintained, shall, except for the inspection and maintenance requirements under Subsection (2), be excluded from the requirements of these rules so long as the water purveyor is assured that they will satisfactorily protect the public water system. Whenever the existing unit is moved from the present location, or requires more than minimum maintenance, or when the water purveyor finds that the operation of this assembly constitutes a hazard to health, the unit shall be replaced by an approved backflow prevention assembly that meets all local and state requirements.
(6) It shall be the responsibility of the consumer at any premises where backflow prevention assemblies are installed to have certified surveys/inspections and tests at a more frequent interval. It shall be the duty of the surveyor to see that these tests are made according to the standards set forth by the State Department of Environmental Quality, Division of Drinking Water.
(7) All backflow prevention assemblies shall be tested within ten (10) working days of initial installation.
(8) No backflow prevention assemblies shall be installed so as to create a safety hazard. Example: Installed over an electrical panel, steam pipes, boilers, or above ceiling level.
(Ord. 2000-11, 06-21-2000)
(Ord. 2000-11, 06-21-2000)
(2) The reclaimed water distribution system shall be constructed in a manner deemed appropriate by the District to provide reclaimed water service pursuant to the terms and conditions set forth herein.
(3) It is further the intent of the District to establish a reclaimed water system which complies with the rules and regulations set forth by Utah Division of Water Quality, which rules appear in Chapter R317-1-4, Utah Administrative Code.
(4) Compliance of the District with the requirements of the Utah Division of Water Quality shall be demonstrated by adherence to these regulations and to the District’s Policies, and the District’s Construction Manual, as promulgated by the District and approved by the Utah Division of Water Quality.
(Ord. 2002-18, 08-07-2002)
(Ord. 2002-18, 08-07-2002)
(2) Mandatory Connection.
(Ord. 2002-18, and amendment 08-07-2002)
(Ord. 2002-18, 08-07-2002)
(Ord. 2002-18, 08-07-2002)
(Ord. 2002-18, 08-07-2002)
(2) General Prohibitions. The following prohibitions are in effect at all times, regardless of whether any declared shortage condition is in effect.
(Ord. 2002-18, 08-07-2002)
(Ord. 2002-18, 08-07-2002)
(Ord. 2002-18, 08-07-2002)
(Ord. 2002-18, 08-07-2002)
(Ord. 2002-18, 08-07-2002)
(Ord. 2002-18, 08-07-2002)
(2) Other Uses Prohibited. Uses not listed above are considered prohibited uses of reclaimed water.
(3) Special Use Permits. The District may grant special use permits to other uses with similar potential for human exposure, only if it can be clearly demonstrated to the District that all of the State and District regulations can be met. The burden of proof shall be on the applicant.
(Ord. 2002-18, 08-07-2002)
(Ord. 2002-18, 08-07-2002)
(2) Drawings Required. Applications for all reclaimed water services within any City, County, or State maintained rights-of-way shall include a dimensional plan showing the location of the requested service line relative to the nearest street intersection, etc., as required by the City, the County, or the State Department of Transportation. All drawings shall comply with the specifications contained in the Construction Manual.
(3) Approved Onsite System Required. Before an application for reclaimed water service will be approved, the customer must have a suitable onsite system. The onsite system to be provided by the customer shall meet the District’s Construction Standards, as specified in the District’s Construction Manual.
(4) Cross Connections Prohibited. No system with a cross connection to the potable water system will be considered for connection to the reclaimed water system. Temporary systems will not be considered for connection.
(5) Hose Bibbs Prohibited. Onsite systems shall not include hose bibbs, above ground faucets, or other devices or connections (unless of a type that can be secured to prevent access by unqualified persons) that could permit reclaimed water to be used for any purpose other than the approved uses as specified in 2.1.13 above.
(6) Compliance with District Construction Standards. All onsite systems constructed in areas where the District has determined to make reclaimed water available shall be constructed in accordance with all Federal, State, and District specifications and regulations, including, specifically, the regulations contained in the District’s Construction Manual, and those of R317, Utah Administrative Code. The owner of the onsite system shall provide the District with a schematic drawing of the irrigation system before receiving service.
(Ord. 2002-18, 08-07-2002)
(Ord. 2002-18, 08-07-2002)
(2) District’s Right to Enter. To determine the presence of any potential hazards to the public potable water system and for the purposes of perpetual maintenance and repair of the reclaimed water system appurtenances, the District shall have the right to enter upon the premises of any customer receiving reclaimed water. Each customer of reclaimed water service shall be deemed, by application, to give written consent to such entry upon said premises.
(Ord. 2002-18, 08-07-2002)
(2) Mains in the public rights-of-way shall be located a uniform distance from the curb and in a location approved by the Administrator and Director.
(3) Vertical and horizontal clearances from potable water lines and sewage lines shall be as specified in the District’s Construction Manual, or as specified by UDEP rules, whichever is stricter.
(4) All valves and approved hose bibbs shall be placed in tamper-proof boxes.
(5) All onsite systems shall include backflow prevention devices directly downstream of the reclaimed water meter.
(6) Where reclaimed water mains are to be turned over to the District, the customer shall submit such documents as are normally required for the dedication of public facilities.
(7) “As-built” drawings shall be submitted to the Administrator upon completion of the onsite system.
(8) The Construction Manual may contain additional specific requirements.
(Ord. 2002-18, 08-07-2002)
(2) Cause for Discontinuance of Service by District. Failure to maintain the onsite facilities in a proper manner, shall be construed as just cause for the District to discontinue service until such time as the District is satisfied that the required maintenance has been performed.
(3) Customer Responsible for Special Equipment. Should the customer desire reclaimed water at different pressures, or different quality, or in any way different from that normally supplied by the District, the customer shall be responsible for the necessary devices to make these adjustments and for obtaining approval by the Administrator. Such devices, and the repair thereof, shall be the sole responsibility of the customer.
(4) Tampering Prohibited. No person shall tamper with, modify, or connect any unauthorized hose, fitting, or fixtures to the reclaimed water service, distribution facilities, or the customer’s onsite system.
(5) Tampering Cause for Suspension of Service. Tampering shall be cause for notification, suspension, or revocation of reclaimed water usage permit. The District or Director shall immediately notify with written notice any person, firm, corporation, association, or agency found to have tampered with, modified, or connected any unauthorized hose, fitting, or fixtures to the reclaimed water service, distribution components, or the customer’s onsite system.
(Ord. 2002-18, 08-07-2002)
(2) No Reimbursement for Unauthorized Work. No person shall do any work nor be reimbursed for any work, or in connection with any work, on any portion of the system unless written authorization from the District is received prior to the work being accomplished.
(3) No Liability for Damage. The District shall make a reasonable effort to inspect and keep its facilities in good repair, but assumes no liability for any damage caused by the system that is beyond the control of normal maintenance or due to situations not previously reported to the District. This shall include damage due to breaking of pipes, poor quality of water caused by unauthorized or illegal entry of foreign material into the system, faulty operation of the facilities, or other reasons.
(Ord. 2002-18, 08-07-2002)
(Ord. 2002-18, 08-07-2002)
(Ord. 2002-18, 08-07-2002)
(Ord. 2002-18, 08-07-2002)
(2) Obstructions Within Easements Prohibited. No obstruction of whatever kind shall be planted, built, or otherwise created within the limits of the easement or right-of-way without written permission of the Administrator.
(3) Easement Acceptance Requirements. All easements shall be in a form acceptable to the District and not subject to outstanding obligations to relocate such facilities, to deeds of trust, or to any other encumbrance, except in instances where such is determined by the Director to be in the best interests of the District.
(Ord. 2002-18, 08-07-2002)
(Ord. 2002-18,08-07-2002)
(2) Written appeal required. The appellant shall file the application for appeal on a form obtained from the District’s office within 20 days after notice of the Administrator’s decision was mailed to the appellant.
(3) Director’s Decision. The Director shall uphold, modify, or reverse the decision of the Administrator.
(5) Basis of Board’s Review. The Board’s review of the Director’s decision regarding an appeal shall be limited to a review of the evidence initially presented by the appellant to the Director, and to the minutes and written records of the original appeal. No new evidence may be submitted or brought forward at the review by the Board.
(Ord. 2002-18, 08-07-2002)
(2) Basis of Appeal. An application for appeal shall be based on a claim that the policies or rules of the District:
(3) Written Appeal Required. The appellant shall file the application for appeal on a form obtained from the District’s office within 20 days after notice of the Director’s decision was mailed to the appellant.
(4) Notice of meeting. The Board shall meet upon notice from the chairman, within ten days of the filing of an appeal, or at stated periodic meetings.
(5) Open appeals hearing. All appeal hearings before the Board shall be open to the public. The appellant, the appellant’s representative, the Director, and any person whose interests are affected shall be given an opportunity to be heard.
(6) Appeal Hearing Procedure. The Board may adopt and make available to the public through the District office, procedures under which an appeal hearing shall be conducted. The procedures need not strictly comply with State of Federal court rules of evidence, but shall mandate that only relevant and reasonably reliable information be received.
(7) Board Decision. The Board shall uphold, modify, or reverse the decision of the Director by a concurring vote of two-thirds of the Board. Failure to achieve a two-thirds vote shall result in the Director’s decision being upheld without modification.
(Ord. 2002-18, 08-07-2002)
(Ord. 2002-18, 08-07-2002)
(Ord. 2002-18, 08-07-2002)
(Ord. 2020-18, 05-06-2020) (Ord. 1994-48, 08-17-1994)
(Ord. 1988-12, 03-16-1988)
(2) It shall be unlawful for a funeral procession or any participant in a funeral procession to block vehicular traffic, to close or limit access to a public right-of-way, or to violate the traffic laws of the state of Utah.
(3) It shall be unlawful for any person to block vehicular traffic or to close or limit access to a public right-of-way for a funeral procession.
(4) Any violation of Subsections (2) or (3) of this Section shall be a class C misdemeanor.
(5) Notwithstanding the above, Tooele City, in its sole discretion, may block vehicular traffic and may close or limit access to public rights-of-way, using Tooele City peace officers and other peace officers under Tooele City’s control, for funeral processions involving the following:
(f) other individuals in the discretion of the Mayor or, in the Mayor’s temporary absence, the Chairperson of the City Council.
(Ord. 2019-16, 06-05-2019) (Ord. 2016-22, 12-07-2016) (Ord. 1988-12, 03-16-1988)
(Ord. 1988-12, 03-16-1988)
(Ord. 1988-12, 03-16-1988)
(b) trucks rated for one and one-half tons or larger under standard practices of the State of Utah; and
(c) all explosive, corrosive and flammable liquid carriers capable of carrying in excess of 3,000 gallons or licensed for a gross weight in excess of 9,000 pounds.
(2) Any vehicle or truck as defined in this Section shall use only those routes specified in Subsection (3) or such additional temporary routes as shall be established by the chief of police, either by written permission upon application to deviate from the truck route or by the posting of temporary road signs during the period of temporary or alternate truck routing.
(3) The following are designated truck routes:
(b) State Road 112;
(c) Tooele Boulevard (1100 West Street);
(d) Droubay Road;
(e) Pine Canyon Road;
(f) other streets as designated by express written permission of the police chief, subject to such necessary regulations as are set forth in the written permission in order to accommodate necessary deviation of truck traffic from designated truck routes.
(4) The truck routes identified in Subsection (3) shall not apply to emergency vehicles, school busses, Utah Transit Authority busses, city, county and state service vehicles, utility service vehicles, trucks making neighborhood deliveries or pick-ups or travelling to a business located in the immediate neighborhood, or to construction trucks delivering to or returning from construction sites where it is not possible to use a designated truck route.
(5)(a) The parking of vehicles regulated by this Section on the public rights-of-way shall be regulated by Section 10-3-25.1.
(6) The driver or owner of any vehicle regulated by this Section that is driven or parked in violation of this Section shall be guilty of a class B misdemeanor.
(Ord. 2019-34, 12-04-2019) (Ord. 2014 -11, 08-06-2014) (Ord. 1994-51, 10-25-1994)
(a) SR-36 (Main Street)
(b) SR-112
(c) Vine Street
(d) Utah Avenue
(e) 400 North
(f) 600 North
(g) 1000 North
(h) 1280 North
(i) 2000 North
(j) 2400 North
(k) 3100 North
(l) Droubay Road
(m) Industrial Loop Road
(n) 400 West (Franks Drive)
(o) Coleman Street
(p) Skyline Drive
(q) Broadway
(r) 520 East (7th Street)
(s) Tooele Boulevard
(t) 200 West
(2) It is unlawful for any person to give, attempt to give, receive, attempt to receive, obtain, or attempt to obtain possession or control of any money, property, item, or thing from a person in a motor vehicle on a High-volume Roadway.
(3) It is unlawful for any driver, passenger, or person in a motor vehicle on a High-volume Roadway to give, attempt to give, receive, attempt to receive, obtain, or attempt to obtain possession or control of any money, property, item or thing to any person, or to exit a motor vehicle while the motor vehicle remains on a High-Volume Roadway in order to do the same.
(4) Actions described in subsections (2) and (3) are deemed to constitute an obstruction of High-volume Roadways and to create a serious public safety hazard.
(5) Actions that would otherwise violate this Section do not violate this Section if they are done as a result of a medical emergency, a traffic accident, or at the direction of a peace officer or other traffic control official in the course of performing his or her duties.
(6) Violation of this Section is a class "C" misdemeanor.
(2024-17, 06-06-2024)
(a) on any public right-of-way;
(b) on any off-street parking facility or property which Tooele City owns or operates; and,
(c) as otherwise authorized by federal, state, or local law.
(2) Definitions.
“Alley” means a public right-of-way of the type described in Section 4-8-2.
“Angle parking” means the parking of a vehicle in a manner other than parallel to the street edge. Includes diagonal parking.
“Emergency use areas” means those areas:
(a) in a public right-of-way designated by red curb markings (also known as “red zones”);
(b) designated as ambulance zones, fire hydrant zones, or fire lanes, whether on public or private property; and,
(c) any other designated area of the city posted as restricted for emergency vehicles or emergency use.
“Park” “stand” and “stop” (as well as their variants) shall have the same meaning, and mean a vehicle’s complete cessation of movement upon or within a public right-of-way or other property under subsection (1). If any portion of a parked vehicle protrudes into the public right-of-way, the vehicle is deemed to be parked within the public right-of-way.
“Parking space” means that area of a right-of- way designated by street markings or signage for the parking of a single vehicle.
“Public right-of-way” means the surface of, and the space above and below, any public highway, roadway, street, sidewalk, alley, curb and gutter, park strip, shoulder, or other public way of any type whatsoever, now or hereafter existing as such within Tooele City. A public right-of-way extends across its cross-section from property line to property line. A public right-of-way can be created through dedication by plat, dedication by deed, conveyance by deed, prescriptive use, or other method recognized by Utah law.
“Roadway”–see Street.
“Street” means the portion of a public right-of- way paved and utilized for vehicular traffic. Includes highway and roadway.
“Shoulder” means:
(a) the unpaved portions of a public right-of- way located between the paved street edge and the right- of-way property line; and,
(b) the paved portions of a public right-of-way located between a painted solid white line and the right- of-way property line.
“Vehicle” means any motorized device for the transportation of people or goods containing two or more wheels.
(2) Yellow curb means no stopping, standing, or parking except as designated by signs or traffic markings.
(Ord. 2019-31, 12-04-2019) (Ord. 2019-11, 04-17-2019) (Ord. 1990-08, 06-14-1990)
(Ord. 2019-31, 12-04-2019) (Ord. 2019-11, 04-17-2019) (Ord. 1990-08, 06-14-1990)
(Ord. 2019-31, 12-04-2019) (Ord. 2019-11, 04-17-2019) (Ord. 1990-08, 06-14-1990)
(Ord. 2019-31, 12-04-2019) (Ord. 2019-11, 04-17-2019) (Ord. 1990-08, 06-14-1990)
(3) The following are exempt from this Section:
(Ord. 2021-09, 09-01-2021) (2020-21, 05-06-2020) (2019-31, 12-04-2019) (Ord. 2019-11, 04-17-2019) (Ord. 1990-08, 06-14-1990)
(3) displaying advertising; or,
(4) selling food or other merchandise, except as expressly authorized in this Code.
(Ord. 2019-31, 12-04-2019) (Ord. 2019-11, 04-17-2019) (Ord. 1990-08, 06-14-1990)
(Ord. 2019-11, 04-17-2019) (Ord. 1990-08, 06-14-1990)
(Ord. 2019-11, 04-17-2019) (Ord. 1990-08, 06-14-1990)
(b) display in proper position two valid, unexpired registration plates, one on the front and one on the rear of the vehicle; and,
(c) when required, bear current validation or indicia of registration attached to the rear plate and in a manner complying with the laws of the state of Utah, which registration shall be free from defacement, mutilation, grease, dirt, and other obscuring items, so as to be plainly visible and legible at all times.
(2) If the vehicle is not required to be registered in this state, and the indicia of registration issued by another state, territory, possession, or district of the United States, or of a foreign country, substantially complies with the provisions hereof, such registration shall be considered as in compliance with this Section.
(Ord. 2019-31, 12-04-2019) (Ord. 2019-11, 04-17-2019) (Ord. 1990-08, 06-14-1990)
(2) This section shall not apply to the following:
(b) general parking regulations that apply under specified circumstances or to places in general that meet specified criteria without identifying specific places by address, street name, or other specific place description;
(c) any provision of the Tooele City Code listed below:
ii. §10-3-11
iii. §10-3-14
iv. §10-3-22
v. §10-3-23
vi. §10-3-24
vii. §10-3-25(1)
viii. §10-3-26
ix. §10-3-27; and,
(Ord. 2019-31, 12-04-2019) (Ord. 2019-11, 04-17-2019) (Ord. 2007-31, 12-19-2007) (Ord. 1990-08, 06-14-1990)
(2) Every driver about to enter a parking space being vacated shall stop the vehicle and wait to the rear of the vehicle in the actual process of vacating the parking space, and having so waited shall have prior right to the parking space over all other drivers.
(3) No driver shall stop a vehicle ahead of a parking space being vacated and attempt to interfere with a driver who has waited properly to the rear of a parking space being vacated.
(4) No driver shall stop and wait for a parking space unless the vehicle vacating the space is actually in motion in the process of vacating.
(Ord. 2019-11, 04-17-2019) (Ord. 1990-08, 06-14-1990)
(Ord. 2019-31, 12-04-2019) (Ord. 2019-11, 04-17-2019) (Ord. 1990-08, 06-14-1990)
(2) Any lighted headlamp upon a parked vehicle, except official emergency vehicles in the performance of official duties, shall be depressed or dimmed.
(Ord. 2019-31, 12-04-2019) (Ord. 2019-11, 04-17-2019) (Ord. 1990-08, 06-14-1990)
(ii) passenger loading zones; and,
(iii) time-limited parking zones.
(2) The City is hereby authorized, at its discretion, to reserve by appropriate signage various public areas or property for handicap parking. It is unlawful for:
(3) It is unlawful for any person using a vehicle with a handicap license plate or transferable motor vehicle identification card who is not disabled to use handicap parking.
(4) Restricted Areas Not Authorized for Special Handicap Parking. Nothing herein shall be construed to permit parking by any individual, contrary to or as an exception to the limited purpose of any of the following designated areas:
(b) areas reserved for emergency use;
(c) on a sidewalk;
(d) in front of or within five feet of a private driveway;
(e) within five feet of a fire hydrant, as measured in both directions along the street or highway curbline or public right-of-way property line, from a line extending from the center of the hydrant to the curbline or property line at its nearest point;
(f) within 20 feet of a crosswalk at an intersection;
(g) within 30 feet of the approach to any flashing beacon or traffic-control device located at the side of a roadway;
(h) between a safety zone and the adjacent curb, or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless official signs or markings indicate a different length;
(i) within 50 feet of the nearest rail of a railroad crossing;
(j) within 20 feet of the driveway entrance to any fire station, and on the side of a street opposite the entrance when properly signposted;
(k) alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct or be hazardous to traffic;
(l) upon any bridge or other elevated structure upon a street;
(m) at any place in any public park, playground, or grounds of any public building other than on the roads and parking lots provided for public parking in accordance with provisions of any officially installed signs;
(n) on any footpath or trail in any park, recreational area, or playground; or,
(o) taxi and bus stands or stops.
(Ord. 2019-31, 12-04-2019) (Ord. 2019-11, 04-17-2019) (Ord. 1990-08, 06-14-1990)
(Ord. 2019-31, 12-04-2019) (Ord. 2019-11, 04-17-2019) (Ord. 1990-08, 06-14-1990)
(a) park any vehicle continuously within the parking lot in excess of 48 hours;
(b) park any boat, trailer, or recreational vehicle;
(c) park any vehicle over 18 feet in length or eight feet wide;
(d) abandon any vehicle;
(e) make repairs on any vehicle; or,
(f) park any vehicle thereon which does not bear a valid license plate and current registration.
(2) Any vehicle found in violation of subsection (1) is hereby declared to be a nuisance and may be summarily abated by removing any such vehicle by, or under the direction of, or at the request of a police officer or other officer charged with enforcing the parking laws of the City to a place of storage by means of towing.
(Ord. 2019-31, 12-04-2019) (Ord. 2019-11, 04-17-2019) (Ord. 1990-08, 06-14-1990)
(Ord. 2019-11, 04-17-2019) (Ord. 1990-08, 06-14-1990)
(2) The driver of a passenger vehicle may stop and park at a place marked as a freight curb loading zone for the purpose of and while actually engaged in loading or unloading passengers provided that the driver must remain with the vehicle.
(Ord. 2019-11, 04-17-2019) (Ord. 1990-08, 06-14-1990)
(Ord. 2019-11, 04-17-2019) (Ord. 1990-08, 06-14-1990)
(Ord. 2019-11, 04-17-2019) (Ord. 1990-08, 06-14-1990)
(Ord. 2019-31, 12-04-2019) (Ord. 2019-11, 04-17-2019) (Ord. 1990-08, 06-14-1990)
(2) This Section shall not apply to the driver of any vehicle which is disabled while on a street in such a manner and to such an extent that it is impossible to avoid stopping and temporarily leaving the disabled vehicle in that position.
(Ord. 2019-31, 12-04-2019) (Ord. 2019-11, 04-17-2019) (Ord. 1990-08, 06-14-1990)
(b) in front or within five feet of a private driveway, to include the drive approach;
(c) within an intersection;
(d) within five feet of a fire hydrant, as measured in both directions along the street or highway curbline or right-of-way property line from the line extending from the center of the hydrant to the curbline or property line at its nearest point;
(e) on a crosswalk;
(f) within 20 feet of a crosswalk at an intersection;
(g) within 30 feet upon the approach of any flashing beacon or traffic-control device located at the side of a roadway;
(h) between a safety zone and the adjacent curb, or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless authorized signs or markings indicate a different length;
(i) within 50 feet of the nearest rail of a railroad crossing;
(j) within 20 feet of the driveway entrance to any fire station, and on the side of a street opposite the entrance when properly signposted;
(k) alongside or opposite any street excavation or obstruction, when stopping, standing, or parking would obstruct or be hazardous to traffic;
(l) upon any bridge or other elevated structure upon a street;
(m) where official signs or traffic markings prohibit stopping, standing, or parking;
(n) in any public park, playground, recreational area, or grounds of any public buildings other than on the roads or parking lots provided for public parking and then only in accordance with provisions of any signs, officially installed by direction of the city;
(o) on any footpath or trail in any park, recreational area, or playground;
(p) within a fire lane, as designated by Tooele City, whether on public or private property;
(q) on any median or island, or on any dividing section of a street;
(r) on any street or alley less than 20 feet wide; or,
(s) on the south or east side of any street or alley where the width is over 20 feet, but less than 30 feet, unless otherwise directed by traffic-control devices.
(3) No person shall move a vehicle under such person’s control into any such prohibited area, or upon any area not designated for vehicular travel or parking.
(Ord. 2019-31, 12-04-2019) (Ord. 2019-11, 04-17-2019) (Ord. 1990-08, 06-14-1990)
(Ord. 2019-31, 12-04-2019) (Ord. 2019-11, 04-17-2019) (Ord. 1990-08, 06-14-1990)
(Ord. 2024-20, 06-19-2024) (Ord. 2019-31, 12-04-2019) (Ord. 2019-11, 04-17-2019) (Ord. 1990-08, 06-14-1990)
(Ord. 2019-31, 12-04-2019) (Ord. 2019-11, 04-17-2019) (Ord. 1990-08, 06-14-1990)
(Ord. 2019-11, 04-17-2019) (Ord. 1990-08, 06-14-1990)
(2) Before removing a vehicle that is not an immediate hazard to persons or property, a police officer will make a reasonable attempt to contact the registered owner to request the owner's immediate removal of the vehicle.
(Ord. 2023-41, 10-18-2023) (Ord. 2019-11, 04-17-2019) (Ord. 1990-08, 06-14-1990)
(2) Any person violating any provision of this Chapter shall be liable for a $50 civil penalty for each violation. Any penalty assessed under this Chapter may be in addition to such other penalties as may be provided in this Title.
(3) Any penalty that is not paid within 15 calendar days from the date of receipt of notice shall be increased to $100.
(b) affixing a notice in a conspicuous place at the vehicle owner's address as indicated on vehicle registration records;
(c) delivering a notice to the owner or driver of the vehicle in violation;
(d) delivering a notice by U.S. mail to the vehicle owner's address as indicated on vehicle registration records. Deliveries by U.S. mail are presume received three days after posting.
(Ord. 2023-13, 4-05-2023) (Ord. 2019-31, 12-04-2019) (Ord. 2019-11, 04-17-2019) (Ord. 1990-08, 06-14-1990)
(Ord. 2019-11, 04-17-2019) (Ord. 2013-07, 04-17-2013) (Ord. 2006-02, 01-04-2006) (Ord. 1990-08, 06-14-1990)
(Ord. 2019-11, 04-17-2019) (Ord. 1994-29, 07-06-1994)
(Ord. 2004-23, 12-15-04)
(2) It is unlawful for any person to operate a low profile motorized vehicle upon a public roadway within Tooele City unless it is properly registered, insured, equipped, and otherwise in compliance with all applicable laws of the State of Utah, or the vehicle is otherwise allowed upon public roadways by the laws of the State of Utah.
(3) If a low profile motorized vehicle is allowed upon public roadways by the laws of the State of Utah, the operator shall be licensed with a state issued operator’s licence of the appropriate class, as set forth by Utah law, and shall wear an appropriately fastened and adjusted helmet which meets the requirements of Utah law, unless otherwise exempted by the laws of the State of Utah.
(4) It is unlawful for an owner of any low profile motorized vehicle to knowingly permit the operation of the vehicle in violation of subsections (1), (2), and (3) above.
(5) A violation of any provision of this Chapter is a class C misdemeanor.
(Ord. 2004-23, 12-15-04)
(Ord. 2020-17, 05-06-2020) (Ord. 1990-13, 08-07-1990)
(1) Any person 18 years of age or older who solicits, requests, commands, encourages, or intentionally aids or who acts with a juvenile in the violation of any federal, state or local law or municipal ordinance, or who tends to cause children to become or remain delinquent, or who aids, contributes to, or becomes responsible for the neglect, abuse or delinquency of any child;
(2) Any person 18 years of age or older, having a child in his legal custody, or under his care, or in his employment, who willfully abuses or ill-treats, neglects, or abandons the child in any manner likely to cause the child unnecessary suffering or serious injury to his health or morals;
(3) Any person 18 years of age or older who forcibly takes away a child from, or wrongfully encourages him to leave, the legal or physical custody of any person, agency, or institution in which the child lawfully resides or has been legally placed for the purpose of care, support, education, or adoption, or any person who knowingly detains or harbors a child whom he has reasonable grounds to believe has escaped or fled the custody of any agency or institution in which the child lawfully resides or has run away from his parent, guardian, or custodian;
(4) Any person 18 years of age or older who provides a child with an alcoholic beverage or a controlled substance or who encourages or permits a child to consume an alcoholic beverage or controlled substance; or
(5) Any person 18 years of age or older who fails to report child abuse, as required by Section 78-36-10, Utah Code Annotated.
(Ord. 1988-12, 03-16-1988)
(a) advertises for sale any merchandise, product, commodity, service, or thing;
(b) directs attention to any commercial establishment or activity;
(c) directs attention to any meeting, performance, exhibition, or event; or,
(d) is predominantly and essentially an advertisement though containing material other than advertising material.
(2) Prohibited acts. It shall be unlawful for any person or business entity to do, or to cause to be done, any of the following:
(a) to throw or deposit a commercial handbill upon public property, including parks, streets, and sidewalks;
(b) to throw or deposit a commercial handbill upon private property without the express consent of the property owner;
(c) to throw a commercial handbill from a moving vehicle;
(d) to throw or deposit a commercial handbill on vacant or uninhabited property;
(e) to throw or deposit a commercial handbill on property where any portion of the property is marked with the words “no soliciting,” “no trespassing,” or similar such words.
(3) Penalty. A violation of this Section shall be an Infraction.
(Ord. 2017-28, 11-01-2017) (Ord. 2016-08, 05-04-2016) (Ord. 1988-12, 03-16-1988)
(2) Any person who discharges within the City limits any device which is designed to propel projectiles at a high rate of speed, and who creates a substantial risk of injury to persons or property, is guilty of a class B misdemeanor.
(3) Peace officers of the State of Utah, while acting within the scope and line of duty, are exempt from the provisions of this Section, as is any person acting in defense of self, another, or property as permitted by law.
(Ord. 1996-18, 06-19-1996) (Ord. 1988-12, 03-16-1988)
(2) Each separate trap that is set constitutes an individual and separate offense.
(3) As used within this section:
(Ord. 1988-12, 03-16-1988)
(Ord. 2010-02, 01-07-2010) (Ord. 1988-12, 03-16-1988)
(Ord. 1995-15, 09-16-1995)
(2) Purpose. The purpose and object of this chapter is to prevent persons or businesses from supplying or displaying harmful, sexually-oriented materials or devices to minors.
(3) Definitions. Any terms not specifically defined herein shall be construed according to common dictionary or community usage. For the purpose of this Chapter, the following words shall have the following meanings:
(b) “Display” shall mean to show an item or image in such a manner that any portion of it may be viewed or examined by patrons or members of the general public.
(c) “Distribute” shall mean to transfer possession of something from one person to another, whether or not consideration is provided.
(d) “Harmful material” shall mean any printed material, photograph, film, video, or other visual or nonvisual representation which is characterized primarily by depictions or descriptions of nudity, specified sexual activities, or specified anatomical areas, as defined herein, and which:
(ii) Taken as a whole, does not have substantial educational merit for minors arising from serious literary, scientific, or political value.
(f) “Nudity” shall mean any image portraying a state of dress in which:
(ii) any portion of the female or male genitalia, pubic region, or the cleft of the buttocks is exposed to view or is covered by a covering which is less than opaque; or
(iii) any covered portion of the male genitalia is portrayed in a discernibly turgid state; or
(iv) coverings or costumes are worn or depicted which simulate any portion of the body described in (i), (ii), or (iii) above.
(h) “Sexually Oriented Material” shall mean printed material, photographs, films, computer programs, video recordings, slides, audio recordings, or other visual or nonvisual representations which depict or describe as a central theme specified sexual activities or specified anatomical areas, as defined herein.
(i) “Sexual paraphernalia” shall mean any instrument, device, or object designed for use in connection with specified sexual activity, as defined herein, except for medically approved contraceptives or other medical devices generally accepted within the medical community for use in treating a medical condition.
(j) “Specified anatomical area” means any portion of:
(ii) human pubic hair or pubic area;
(iii) any portion of the female breast below the uppermost point of the areola;
(iv) anus; and
(v) cleft of the buttocks.
(b) sexual intercourse between persons;
(c) fellatio;
(d) cunnilingus;
(e) bestiality;
(f) sodomy; and
(g) sadomasochism, sadism, or other acts involving torture, flagellation, or bodily restraint accompanied by the intentional infliction of pain, for the purpose of providing sexual gratification or enacting sexual fantasy; and
(b) human pubic area or pubic hair
(c) the nipple or areola of the female breast, or any portion of the female breast below the uppermost part of the areola;
(d) any portion of the buttocks or anus.
(4) Distributing Harmful Material to Minors.
(b) It shall be unlawful for any person or entity to display for sale, rental, or exhibition any harmful material or sexual paraphernalia, as defined herein, in such a way that it may be viewed or examined by minors.
(c) It shall be unlawful for any person or entity to display for sale, rental, or exhibition any harmful material or sexual paraphernalia in any portion of a business premises which is open to minors.
(d) It shall be unlawful for any entity which sells sexual paraphernalia or harmful material, or any authorized representative of the entity, to allow a minor to enter any portion of the business premises which is closed to minors pursuant to the requirements of this chapter; the standard of care imposed is negligence.
(e) It shall be unlawful for any adult person having care, custody, or control of a minor, or any adult person directly accompanying a minor, to knowingly permit the minor to enter any portion of a business which is closed to minors pursuant to the provisions of this chapter.
(f) It shall be unlawful for the owner or lessor of any real property to knowingly allow the property to be used in violation of any part of this chapter.
(g) It shall be an affirmative defense to prosecution under this chapter that the minor produced state-issued, picture identification which indicated that the minor was nineteen or older, and after examining the identification and observing the minor, a reasonable person would have concluded that the minor was nineteen or older; a person or entity may not reasonably rely upon any form of identification which readily appears to have been altered or fraudulently used.
(h) The prosecution shall not be required to introduce expert testimony or scientific evidence to establish a community standard with respect to minors and harmful material.
(5) Severability. In the event that any provision of this Chapter is declared invalid by a court of competent jurisdiction, the remaining provisions shall continue in effect.
(Ord. 1999-18, 06-16-1999)
(2) The Parks and Recreation Department may issue permits to persons desiring to occupy a public park or skating facility during closure hours.
(3) All persons in a city-owned public park or skating facility during closure hours, without a valid permit, shall be in violation of Utah Code §76-6-206 (Criminal Trespass), as amended.
(Ord. 2010-08, 10-06-2010)
(2) For any person camping in violation of this Section, it shall be unlawful for that person to fail to remove that person’s camping equipment within 30 minutes of being requested to do so by a police officer.
(3) It shall be unlawful for any person to camp on private land outside of a legal campground for more than five consecutive days or nights, or for more than five days or nights in any given calendar month.
(4) Definitions.
(b) When a park is open to the public, "camp" or "camping" shall not mean periods of brief napping or the temporary use of umbrella, canopy, or other sheltering materials for picnicking, sporting events, or other temporary recreational activities in that park.
(5) Violations and Penalties. A violation of this section shall constitute a class C misdemeanor.
(Ord. 2023-40, 10-04-2023) (Ord. 2021-36, 10-20-2021)
(Ord. 91-26, 12-12-91)
(2) For purposes of this chapter:
(Ord. 91-26, 12-12- 91)
(Ord. 91-26, 12-12-91)
(2) The following acts are declared to be in violation of this chapter:
(ii) any such power equipment which emits a sound pressure level in excess of seventy-four dB(A) measured at a distance of fifty feet (fifteen meters);
(Ord. 2011-18, 10-19-11); (Ord. 91-26, 12-12-91)
(2) noise resulting from any authorized emergency vehicle when responding to an emergency call or acting in time of emergency;
(3) noise resulting from emergency work, as determined by the director of the county board of health or such director’s designee;
(4) noise resulting from lawful fireworks and noisemakers used in celebration of an official holiday;
(5) any noise resulting from activities of temporary duration permitted by law for which a license or permit has been approved by the director of the county health department in accordance with Section 11-2-7 or its successor.
Zoning District | 9 p.m. - 7 a.m. | 7 a.m. - 9 p.m. |
Residential | 50 dB(A) | 55 dB(A) |
Commercial | 55 dB(A) | 60 dB(A) |
Manufacturing | 75 dB(A) | 80 dB(A) |
When a noise source can be identified and its noise measured in more than one zoning district, the limits of the most restrictive district shall apply at the boundaries between the different zoning districts.
(2)(a) It is a violation of this chapter for any person to operate, or permit to be operated, any stationary source of sound within any zoning district which creates a tenth percentile sound pressure level (L10) of fifteen dB(A) greater than the levels set forth for the receiving zoning districts in subsection (1) for any measurement period. Such period shall not be less than ten minutes.
(3)(a) For any stationary source of sound which emits a pure tone, cyclically varying sound or repetitive impulsive sound, the limits set forth in subsection (1) shall be reduced by five dB(A).
(2) The relief requested may be granted upon good and sufficient showing:
(b) that the activity, operation or noise source will be of temporary duration and cannot be done in a manner that would comply with this chapter; or,
(c) that no reasonable alternative is available to the applicant.
(3) The director of health may prescribe any reasonable conditions or requirements deemed necessary to minimize adverse effects upon a community or the surrounding neighborhood.
(Ord. 91-26, 12-12-91)
(Ord. 91-26, 12-12-91)
(Ord. 91-26, 12-12-91)
(Ord. 91-26, 12-12-91)
(2) It is unlawful for any person under the age of 18 years to misrepresent his age, or for any other person to misrepresent the age of a person under 18 years of age for the purpose of purchasing or otherwise obtaining aerosol spray paint or broad tipped indelible markers for a person under 18 years of age.
(2) The reward shall be paid to the person who provides such information immediately upon the conviction of the person so arrested.