City Council Agendas & Minutes
Regular MeetingFruit Heights, UT · August 2, 2022
Minutes
MINUTES
CITY COUNCIL MEETING
FRUIT HEIGHTS CITY
910 South Mountain Road
August 2, 2022
WELCOME: Mayor John Pohlman called the meeting to order at 7:00.
PLEDGE & OPENING CEREMONY: The Pledge of Allegiance was led by Council Member
George Ray with Council Member Florence Sadler offering a word of prayer.
COUNCIL MEMBERS PRESENT: Mayor John Pohlman, Council Members Gary Anderson,
Florence Sadler, George Ray, Eileen Moss with Council Member Diane Anderson arriving at
7:12.
CITY STAFF PRESENT: City Manager Brandon Green, City Planner Jeff Oyler, Public Works
Superintendent Darren Frandsen, and City Employee Hailee Ballingham.
VISITORS: Bob Denkers, Lisa Flinn, Kevin Flinn, Joe Christonsen, David Rendon, Jerry
Preston, Kris Christenson, Paula Stephenson, Susan Darger, and Lynda Stapp.
CITY COUNCIL TRAINING: Mayor John Pohlman excused this section tonight.
SPECIAL PRESENTATIONS: None
PUBLIC COMMENTS:
David Rendon Following up on the planning commission, he likes Christensen’s, but dislike the
development. He presented the Council with a document.
PUBLIC HEARING: None
CITY BUSINESS:
Review/Discuss/Approve/Deny Appeal Request from Elite Craft Homes to consider a rezone
request for East Mountain Townhomes. Request is to rezone .854 acres of property located at
1351 E. 650 N. from R-S-12 to R3, Multi Family.
Mayor John Pohlman provided some background regarding the rezone request stating that it is
coming before the City Council as a petition because it was denied by the Planning Commission.
City Planner Jeff Oyler and Public Works Superintendent Darren Frandsen provided some
background regarding the rezone request. The rezone request would allow up to 10 units per
acre. The developer has been met with and our job is to make sure that laws and ordinances are
being followed. This plan does meet the laws and ordinances. This is not the final plan, just an
iteration of a plan.
Mayor John Pohlman opened the meeting up for some discussion to all present individuals
Bob Denkers is concerned that with the addition of high-density housing it will decrease
surrounding home values and increase road traffic in their area. He would be ok with two homes
going into that plot. (17:35)
Kris Christensen talks about growing up with that land and raising his kids on that land. He
talked about things being developed the best they could be in terms of how attractive they are.
He acknowledges his neighbors’ concerns but supports his son’s decision to develop the
property. (23:20)
Lynda Stapp is suspicious of the Mayors decision to allow public comments. She thinks it’s
wrong that the people got to voice their concerns only at the Planning Commission meeting but
that originally, they wouldn’t get to comment at this Council meeting and only the developer got
to do that. She thinks that problem is the routine in which these things are done. She would also
just like to see two homes developed in that plot. (25:38)
Terry Darger states that he has lived there for 40 years and enjoys the rural surroundings. He is
concerned that R-1 development changes the character of the area. He is concerned that this
project could set a precedence for other multi-family developments. He would like to stay with
single family residents. (27:51)
The Mayor was hoping to hear a compromise from the residents but did not receive one.
Council Member Eileen Moss mentioned that condos just down the road and how an R-12 zone
has to provide parking and if this area were to do something similar to the condos it would be six
units instead of the proposed 14 while still providing higher density housing. (31:48)
Council Member Gary Anderson thinks that it’s reasonable to put more homes there, but doesn’t
think its fluid with the surrounding homes in the area. Would like to compromise the amount of
density in the area to help with the fluidity of the area. (32:25)
Council Member Florence Sadler thinks the plan is beautiful and would be an improvement on
the existing area. (35:10)
Lisa Flynn enjoys living in the condos at the bottom of the street and thinks that it would be the
same with the proposed condos. She loves living in the close community within the condos.
(36:24)
Kevin Flynn agrees with other concerns and thoughts of the surrounding neighbors but is
concerned with the back road of the proposed developments and wanting to know how they
propose to maintain the privacy of the existing condos. (38:52)
Council Member George Ray clarified that this was not a final plat approval this is for a rezone
approval. He also mentioned that none of the comments were explicit with what the problem was
and how it could be remedied in a way that they would be ok with. (41:29)
City Planner Jeff Oyler explains that within the general plan there are circled locations where
higher density could be considered. That doesn’t mean the high density has to happen there, just
that it could be considered. (42:32)
Council Member George Ray explained that this was not a final plat, that the Planning
Commission would review it again. Because concerns were expressed the developer has the
chance to address those concerns and bring it back to the Commission. (43:25)
Jerry Preston talks about his background in the building industry and stated that there were not
any answers discussed regarding how he could solve their concerns. He talked about needing to
rezone in order for the planning of these units to continue, he has to know it’s feasible before
more money is invested in the design work. When asked by the Mayor if he would be willing to
go down to six units Jerry Preston responded that he would like to meet with neighbors and
design something that works. But he doesn’t know that he can compromise and still meet the
agreement. Jerry Preston stated “To restate your question, ‘are we willing to compromise to
make something that works for everyone along that area that will not impact them in a negative
way?’ Yes.” (53:41)
Council Member Diane Anderson asked if there was a map of the areas of high-density housing
in Fruit Heights because she feels that people may feel that only their area of the city is being
targeted for these high-density areas.
City Manager Brandon Green pulled up the map in question and different areas of the city was
discussed to have the high-density housing areas. (57:00)
Mayor John Pohlman stated that he is against this but was disappointed that it was voiced that
they’d only want two units on the lot. The reason he is against it is because the Planning
Commission denied it and he respects them and their decision. He feels it should be denied but
with a verbal agreement to do 6 units. (59:30)
Council Member Florence Sadler is concerned that if approve the R-3 zoning change that they
lose control and the owner could put up to 8 in that area. (1:00:01)
After discussion Council Member Eileen Moss made a motion to deny the appeal request from
Elite Craft Homes to consider a rezone request for East Mountain Townhomes. Request is to
rezone .854 acres of property located at 1351 E. 650 N. from R-S-12 to R3, Multi Family. With a
verbal agreement in place for 6 units. Council Member Gary Anderson seconded the motion.
(1:01:18)
After discussion Mayor John Pohlman restated the motion on the table. Deny the rezone request
from R-S-12 to R3 with the provisions that they would do a development agreement and what
would be acceptable to the city council would be a density of six units. If those conditions were
not met then it reverts back to the R-S-12 zone. (1:13:09)
After further discussion the motion was called to a vote with Council Members Gary Anderson,
Diane Anderson, and Eileen Moss approving the motion and Council Members George Ray and
Florence Sadler opposing the motion. The motion carries with three aye’s. (1:13:38)
Review/Discuss/Approve/Deny Fruit Heights City Updates to Title 10 Chapter 11, ADU
Ordinance
Council Member Eileen Moss declared that she had a conflict with this ordinance.
Mayor John Pohlman provided background explaining that this ordinance allows residents to
lease out part of their home in a long-term rental, not a short-term rental which is classified as 1
month or less.
City Planner Jeff Oyler states that it allows each home to have an apartment in their house. It
would not allow any home that sits in a R-1 zone or less to have an ADU. One consideration that
should be discussed is the parking opportunities in these lots.
City Manager Brandon Green explained that developers are looking for smaller lots. The R-1-12
and the R-S-12 lots aren’t somethings that people are currently looking for. (1:21:00)
It was discussed that a statement should be added to the ordinance to state “as defined in the
residential building code.” It was also discussed that there should be a process for people with
short term-rentals that were legal to begin with to be able to keep those short-term rentals. These
short-term rentals would include things such as Airbnb or other bread and breakfasts. The
concern is the disruption to neighborhoods and the feeling of the city.
After some discussion Council Member Diane Anderson made a motion to approve an ordinance
amending Fruit Heights City Code Title 10 Chapter 11 Section 21 Accessory Dwellings with the
following changes. That we add that the ADU will be as defined by the IBC and to remove R-1-8.
Council Member Gary Anderson seconded the motion. The role call was as follows, Council
Member Diane Anderson – Aye, Council Member Gary Anderson – Aye, Council Member
Florence Sadler – Nay, Council Member George Ray - Aye, and Council Member Eileen Moss
even with conflict she chooses to vote Aye. The motion passes. (1:36:15)
Review/Discuss/Approve/Deny Budget Request to Purchase City Streetlights
Both Mayor John Pohlman and City Manager Brandon Green provided background explaining
that the lights are for the UDOT Park and Ride on 400 North on the West side of US 89. It was
explained that while there are existing lights they are starting to get old and develop problems
that become a safety issue. The Council was provided with the lowest bid but asked to be
presented with all the options in the future. (1:40:39)
After some discussion Council Member Eileen Moss made a motion to approve the Budget
Request to Purchase City Streetlights in the amount of $35,000 with Council Member Diane
Anderson seconding the motion. The Council unanimously approved the motion. (1:41:06)
CONSENT CALENDAR:
Check Register
Council Member Eileen Moss reported that City Manager Brandon Green gave her the report and
she is hoping City Manager Brandon Green will provide an update on a few things. (1:41:47)
REVIEW AND APPROVAL OF MINUTES FROM PREVIOUS MEETINGS: None
CITY COUNCIL & STAFF REPORTS:
Council Member George Ray reports that YCC is planning to do the swearing in on the first
meeting of September. September 6, 2022 Asked about doing a public recognition of Paula and
Chuck on September 6 as well.
Council Member Diane Anderson expressed appreciation for their vote of confidence for the
Planning Commission.
Council Members Gary Anderson and Eileen Moss do not have anything to report.
Public Works Superintendent Darren Frandsen reported about UDOT and the US 89 project. The
Bridge at Nichols is supposed to be started on the 27th. Probably closer to the end of the year is
when it is likely to be completed and opened.
City Manager Brandon Green reported that September 10th is the National Day of Service and
has received requests from 3 stakes in our area that are interested in doing some service within
our city. They are looking at some projects in the Gateway Trail at Nichols Park. Another is
looking at doing a project here at the City Building. Tomorrow there is a staff meeting to talk to
his Public Works staff about some things. In talking to the Fruit Heights Stake it sounds like the
Nativity is again in process for this year. He has been working with Council Member Eileen
Moss contracting with a service that helps identify and provide life expectancy on roads in the
city. It has been completed and is being compiled into a map so that the city can prioritize the
streets to fix first. The scan not only shows the roads but also stop signs, valves, and sidewalks. It
identifies areas of the city that need repairs to curb and cutter within the city.
UPCOMING EVENTS:
Truth in Taxation Hearing City Council – August 16, 2022
Planning Commission Meeting – August 23, 2022
At 8:52 pm Council Member Eileen Moss made a motion to adjourn the meeting with Council
Member Gary Anderson seconding the motion. The motion to adjourn the meeting was
unanimously approved by the Council Members present.
Not approved until signed.
/s/:________________
Brandon Green, City Recorder
Date approved by City Council: January 17,2023
Agenda
FRUIT HEIGHTS CITY COUNCIL MEETING
August 2, 2022, Fruit Heights City Council Chambers
910 S Mountain Road Fruit Heights City, UT 84037
7:00 P.M. CITY COUNCIL MEETING
1. WELCOME: MAYOR JOHN POHLMAN
1.1. Pledge of Allegiance and Opening Ceremony (By Invitation)
1.2. Roll Call
1.3. City Council Training: City Council Member
2. DECLARATION OF CONFLICT(S) OF INTEREST
3. PUBLIC COMMENTS – The public may address the mayor regarding issues that are not on the agenda. We
ask that you please limit your comments to 3 minutes.
No action may be taken on any item not on the agenda
4. PUBLIC HEARING: FRUIT HEIGHTS CTIY COUNCIL WILL HEAR PUBLIC COMMENTS ON
THE FOLLOWING
5. SPECIAL PRESENTATION(S):
6. CITY BUSINESS:
6.1. Review/Discuss/Approve/Deny Appeal Request from Elite Craft Homes to consider a rezone request for
East Mountain Townhomes. Request is to rezone .854 acres of property located at 1351 E. 650 N
from R-S-12 to R3, Multi Family.
6.2. Review/Discuss/Approve Deny Fruit Heights City Updates to Title 10 Chapter 11, ADU Ordinance
6.3. Review/Discuss/Approve/Deny Budget Request to purchase City Streetlights
7. REVIEW AND APPROVAL OF MINUTES FROM PREVIOUS MEETING:
8. CONSENT CALENDAR:
8.1. Check Register
8.2. Budget Report
9. INFORMATION ITEMS/UPCOMING EVENTS:
9.4 City Council, August 16, 2022, Truth in Taxation Hearing
9.5 Planning Commission, August 23, 2022
10. CITY COUNCIL REPORTS – This time is set aside to provide updates on City Oversite Assignments and
projects
Mayor’s Report
City Council Reports
City Engineer
City Planner
Public Works
City Manager
Day of Service, September 10, 2022
11. ELECTRONIC MEETING: By motion of the Fruit Heights City Council, Elected Officials and City Staff
can participate in regularly scheduled meetings via electronic media when approved by the mayor.
Fruit Heights City is now streaming City Council Meetings on its YouTube Channel. Please use the
link below to join us!
https://www.youtube.com/channel/UCaIqHYd0U5RCpaDo8rquABw
12. CLOSED MEETING: By motion of the Fruit Heights City Council, pursuant to Title 52, Chapter 4 of the
Utah Code, the City Council may vote to hold a closed meeting for any of the purposes identified in that
chapter.
13. ADJOURNMENT:
CERTIFICATE OF POSTING
I HEREBY CERTIFY that a copy of this agenda was posted on the City’s website, www.fruitheightscity.com, as
well as posted on the Utah State public notice website http://www.utah.gov/pmn/index.html, and was emailed to at
least one newspaper of general circulation within the jurisdiction of the public body.
R. Brandon Green
R. Brandon Green - City Recorder
In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this
meeting should contact the City Manager, Brandon Green at (801)546-0861, at least 24 hours prior to the meeting.
QUOTE # TJS3843 DATE: 07-14-22 PAGE 1
To: Darren Fransden Proj: FRUIT HEIGHTS PARK AND RIDE
Fruit Heights, Utah
Bid Date: 07/14/22
Remarks:
Qty Type Mfg Description Price
13 MSLU 14EFA-5-TT-3X3-17" WASH(NO LOGO)-BLACK
MSLU LESS ANCHOR BOLTS, MATCH EXISTING
13 MSLU K54C-K24-P4-AR-III-60(SSL)7030-120V-PR7-
MSLU 4000K-BK-#6-WS-3/8" BK HEX BOLTS-3x3 TENON
13 MSLU RD8645-BK PHOTOCELL
ELT 14-16 WEEKS.
FREIGHT IS INCLUDED.
SALES TAX IS NOT INCLUDED.
INSTALLATION IS NOT INCLUDED.
Total ==== $35479.25
F.O.B. Per Mfg Terms: Standard Lead time: Various
Prices firm for entry by: 30 days Shipment by:
Printed 07/14/22 11:53:24 Per:
Fruit Heights City ADU Ordinance Amendments
This supersedes and replaces the ADU ordinance Currently in 10-11-21
10-11-21. Accessory Dwelling Units (ADUs).
(a) Purpose and Intent. The purposes of this Section are to assist in the
creation of new housing units; to support a more efficient use of existing housing stock
and infrastructure; to provide housing that responds to changing family needs, smaller
households, and increasing housing costs; and to provide reasonable regulations for the
construction and use of Accessory Dwelling Units within the City.
The Planning Commission is vested with authority to review and evaluate
applications under this Section and to approve, approve with conditions, or deny any
such application. Conditions imposed for approval shall be designed to mitigate any
adverse effects of an ADU.
(b) Limitations on Accessory Dwelling Units
(1) External Accessory Dwelling Units (“EADU”) are not allowed as a
permitted or conditional use in any zone of the city. Mobile homes, recreational
vehicles, travel/camp trailers, shipping container based units, storage sheds, and
any similar units are prohibited for use as an EADU or for any other dwelling
purpose under this Title.
(2) Internal Accessory Dwelling Units (IADUs) – Use and Location.
Subject to the requirements of this Section, one IADU is allowed as a permitted
use in a single-family dwelling in any zone that is primarily for single-family
residential uses, e.g., the City’s A-1, R-S-12, R-1-12, R-1-10, and R-1-8.
(A) The IADU shall be located within the footprint of the primary
dwelling at the time the IADU is created.
(B) The IADU shall be used exclusively for the purpose of
offering a long-term rental of thirty (30) days or longer.
(C) The IADU may house a maximum of four (4) unrelated
tenants.
(D) No IADU shall be created, established, or occupied in a
single family dwelling unless the owner of the property occupies either the
main dwelling or the IADU. The term “owner occupied” shall be defined as
full time residency (as defined by Utah State Code) within a home by the
bona fide property owner as shown on the Davis County tax assessment
rolls.
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(e) General Regulations. The following regulations shall apply to all IADUs in
the City.
(1) Parking. A primary dwelling with an IADU shall provide parking in a
manner consistent with the City’s parking ordinances, rules, and regulations. In
addition to the parking standards of the City and in the applicable Zone, there
shall be at least one (1) off-street parking stall for an IADU. If an IADU is
created within a garage or carport, the parking spaces previously contained
within the garage or carport shall be replaced with similar facilities. On street
parking shall not be permitted at any time.
(2) The minimum size of the IADU shall be four hundred (400) square
feet of living space within the primary dwelling.
(3) The IADU shall comply with all applicable building, health, and fire
codes.
(4) The IADU shall be designed in a manner that minimizes any
changes in the appearance of the primary dwelling as a single-family dwelling.
(5) An IADU is prohibited within any mobile home (as defined by
U.C.A. §57-16-3).
(6) If the primary dwelling is served by a septic tank, written approval
shall be required from the Davis County Health Department.
(7) The lot or parcel on which the primary dwelling is located shall be at
least 8,000 square feet in size.
(8) An IADU shall provide kitchen, at least one bedroom, and a
bathroom with a toilet, sink, and tub/shower that are separate from those
provided within the primary dwelling unit.
(9) The IADU shall share all utility meters with the primary residence.
(10) An IADU will not be given a separate address by the City.
Residences with IADUs may refer mail to the IADU by the same street address
as the residence and refer to the owner-occupant as located in unit "A" and the
tenant(s) in the IADU as located unit in “B,” or by similar logical distinction.
(11) An IADU shall not be used as a Short-term Rental, shall not be
listed for rental on a short-term rental website or for rental in any other media or
publication.
(f) IADU Application and Permit:
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(1) Every owner of an IADU in the City shall obtain a permit before any
portion of a single-family residence is used for that purpose. A permit issued
under this Section does not run with the land and expires upon the residence
failing to be owner-occupied or upon the sale of the residence.
(2) An application for an IADU permit shall be filed with the City
Manager and accompanied by the fee required by the Consolidated Fee
Schedule.
(3) An applicant shall file a site plan and floor plan with the application.
The site plan and floor plan shall demonstrate that all requirements of this section
are met, including without limitation requirements related to: compliance with all
health, building and fire codes; parking requirements; size of the IADU; utility
services; and kitchen, sleeping and sanitary facilities.
(4) The site plan and floor plan shall be drawn accurately to scale
showing property lines and dimensions, the location of existing buildings or
additions, distances from buildings or additions to property lines, the location of
parking stalls, utility meters, entrances to the home, and areas within the single-
family residence to be used as an IADU.
(5) At least one inspection will be required by the city to verify that all
requirements have been followed.
(g) Noncompliance; Revocation or Withdrawal of Permit. A permit for an
IADU may be revoked or withdrawn in the following circumstances:
(1) The conditions upon which the permit has been issued no longer
are maintained by the property owner;
(2) The requirements of this Section or the permit have been violated;
or
(3) The property owner applies for a withdrawal by submitting a sworn
declaration that the property owner or lawful tenant is not and will not allow any
occupant to use the accessory dwelling unit in violation of this section.
(h) Enforcement; Revocation of Permit. In the event of a violation of
this Section, enforcement and revocation proceedings may be commenced as
provided in this Chapter.
10-11-22. Short-term Rentals.
(a) Short-term Rentals are not permitted in any zone within the City of Fruit
Heights. Purpose; Allowed Locations. The purpose of this Section is to establish the
process for permitting of short-term rentals whether as a vacation rental or otherwise.
The intent is to protect the integrity and characteristics of established land use districts
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by ensuring that short-term or vacation rentals are operated in a manner that minimizes
negative impacts of those uses on neighbors, public services and the surrounding
community. A Short-term rental use is allowed as a conditional use in any residential
zone.
(b) Planning Commission Review. The Planning Commission is vested with
authority to review and evaluate applications under this Section and to approve,
approve with conditions, or deny any such application.
(c) Definitions:
(1) Responsible Party. The owner(s), agent(s) or management
company responsible for the operation and maintenance of the Short-term Rental
property and for its compliance with all laws, rules and regulations applicable to
the same.
(2) Occupant(s). The individual(s) renting or residing in a Short-term
Rental dwelling unit.
(3) Pets. Dogs, cats, or other domesticated animals allowed under City
ordinances that, with permission of the Responsible Party, accompany the
occupants of the Short-term Rental.
(d) Permit Required. A Conditional Use Permit and all licenses and permits
required by the Davis County Health Department and the State shall be required for all
properties used as Short-term Rentals. The fee required by the consolidated fee
schedule shall accompany the conditional use application.
(e) Application for Permit. The application for a Conditional Use Permit shall be
made on forms provided by the City and shall include a phone contact number and
email address for the owner and, as applicable the Responsible Party. The application
shall be accompanied by a site plan and floor plan that demonstrate that all
requirements of this section are met. The plans shall be drawn to scale showing the
location of all buildings, property lines, distances from property lines to all buildings, the
location of all parking stalls, utility meters, entrances, and such other information as may
be required by the application. The drawings shall also demonstrate compliance with all
applicable building, health, and fire codes. If the application is made by any person
other than the owner of the property, or if the property is not owner-occupied or owner-
managed, the application shall be accompanied by a signed document demonstrating
the owner’s permission to use the premises as a Short-term Rental, identifying the
Responsible Party, and providing all details about the identity and business operations
of the Responsible Party as may be required in the application.
(f) Prior to operating a Short-term Rental, the owner or Responsible Party
shall obtain conditional use approval and shall meet all requirements of the Conditional
Use Permit. At the time of, or prior to, receiving conditional use approval, the
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Responsible Party shall register the business with the State, and obtain a State Sales
Tax ID number; proof of the same shall be filed with the City.
(g) Review. The Planning Commission shall review complete applications for
a Conditional Use Permit under this Section and shall approve, approve with conditions,
or deny the application based on the criteria listed in this Section. In addition to the
requirements of this Section, the Planning Commission may impose conditions that are
necessary to mitigate the potential adverse effects of the Short-term Rental on
neighbors and nearby uses.
(h) Reports and Taxes. The Responsible Party shall comply with all reporting
requirements incident to the use as a Short-term Rental property, and shall collect and
remit all sales, resort, and transient room taxes to the State Tax Commission.
(i) Noise, Nuisances and Adverse Effects of Use. The Responsible Party
shall regulate the occupancy of the Short-term Rental and ensure that:
(1) Occupants and their pets do not create noise or other conditions
that by reason of time, nature, intensity or duration are out of character with noise
and conditions customarily experienced in the surrounding neighborhood;
(2) Occupants do not disturb the peace of surrounding residents by
engaging in outside recreational activities or other activities that adversely affect
nearby properties before 7:00 a.m. or after ten o’clock p.m.;
(3) Occupants and their pets do not interfere with the privacy of nearby
residents or trespass onto nearby properties;
(4) Occupants do not engage in disorderly or illegal conduct, including
illegal consumption of drugs or alcohol; and
(5) The premises, responsible party and all occupants strictly comply
with Utah Administrative Code Rule R392-502, Public Lodging Facility Sanitation.
(j) Parking. On-street parking is prohibited. An off-street parking stall shall be
provided for each vehicle, including trailers, an Occupant brings to the premises of the
Short- term Rental. The number of Occupants’ vehicles shall not exceed the number of
bedrooms available in the Short-term Rental. Vehicles parked at the Short-term Rental
shall not impede clear sight distances, create a nuisance or hazard, violate any City
laws or winter-restricted parking requirement, or infringe on the property rights of any
adjacent or nearby property. Parking of vehicles shall be entirely within a garage or
carport, or upon a driveway or other approved paved surface. Parking is prohibited
within any landscape area.
(k) Camping equipment, facilities and other temporary facilities. All Short-term
Rentals shall be conducted entirely within an approved residential dwelling unit.
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Occupied camp trailers, travel trailers, recreational vehicles, tents, yurts, garages,
sheds, or any similar structures are prohibited.
(l) Signage – Exterior and Interior. Exterior signage other than ordinary street
address signage is prohibited.
(m) The entire residential structure can be rented as one short term rental.
Renting of individual rooms or floors in a house shall not be permitted. Or:
The house must be owner occupied and the ADU can be used as a short term
rental. The owner must occupy either the house or the ADU. Or:
Do not allow short term rentals at all.
(n) The Responsible Party shall provide a prominent display within the
dwelling unit that provides, at minimum, the following information:
(1) contact information for the Responsible Party at which it may be
contacted at any time (24/7);
(2) all local regulations addressing noise, parking, pets, trespassing,
illegal activity, and conduct; and
(3) any additional rules or regulations imposed by the Responsible
Party.
(o) Maintenance and Standards. Any property licensed as a Short-term
Rental shall conform to the following standards:
(1) Structures shall be properly maintained and all facilities such as
plumbing, HVAC equipment, appliances, etc. kept in a condition that is fully
operational and otherwise in good repair.
(2) Grounds and landscaped areas shall be properly maintained to
ensure that the use does not detract from the general appearance of the
neighborhood or create any hazard or nuisance to the Occupants or to
neighboring properties.
(3) Each habitable space shall meet current federal, state, and local
building and health codes, and shall be equipped with fully functional smoke and
carbon monoxide detectors located at places within the dwelling unit that comply
with applicable building codes.
(4) Garbage shall be placed in City-approved receptacles, shall not be
allowed to accumulate on the property and shall be removed on regularly
scheduled pick up days.
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(5) A fully functional fire extinguisher shall be located in an easily
accessible location.
(6) A fire exit route plan and statement of the maximum occupancy
number for the premises shall be prominently posted.
(7) The responsible party shall comply with all inspection requirements
of the State, Davis County, and the City.
(p) Complaints. Complaints received by the city for any violation of this
chapter will be handled as follows:
(1) A first complaint will result in an investigation and, if warranted, the
City will issue a written warning to the Responsible Party; said warning shall
provide notice of the complaint, a description of any violation, and actions to be
performed to correct a violation. Upon receipt of a second complaint, the City will
investigate, and if warranted, will take one of the following courses of action:
(A) issue another warning;
(B) issue a citation for violation of City ordinances or rules;
(C) initiate show cause proceedings to revoke the Conditional
Use Permit and business license; or
(D) initiate revocation proceedings as provided in this Section
(2) In the event of an order to show cause proceeding, the Responsible
Party shall appear before the Planning Commission to demonstrate, by clear and
convincing evidence, why the Conditional Use Permit should not immediately be
revoked. If the Responsible Party fails to appear, the facts alleged in the notice
for the show cause proceeding shall be deemed to be true and the Planning
Commission may take such action as it deems appropriate, including revocation
of the Conditional Use Permit. Appeals of a decision of the Planning
Commission shall be made under the requirements of Section 10-3-6.
(3) Notwithstanding any other remedy in this section, violations of
Federal, State, or local laws may be prosecuted in any court or administrative
tribunal having jurisdiction over the matter.
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ORDINANCE NO. 2022-
AN ORDINANCE AMENDING FRUIT
HEIGHTS CIYY CODE SECTION; Title 10,
CHAPTER 11, SECTION 21; ACCESSORY
DWELLINGS
WHEREAS, the Fruit Heights City Council for and on behalf of Fruit Heights City, State of
Utah (hereinafter referred to as the “City”) has determined to amend Title 10-11-21
And,
WHEREAS, a public hearing was duly held and the interested parties were given an
opportunity to be heard; and,
WHEREAS, the City Council has duly considered said amendments; and,
WHEREAS, the City Council, after due consideration of said amendments, has concluded
that it is in the best interest of the City and the inhabitants thereof that said amendments be adopted;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF FRUIT
HEIGHTS CITY, UTAH as follows:
Section One: Adoption of New Provisions
The following sections of the Fruit Heights City Code are adopted to read as follows:
10-11-21. Accessory Dwelling Units (ADUs).
(a) Purpose and Intent. The purposes of this Section are to assist in the creation of
new housing units; to support a more efficient use of existing housing stock and infrastructure; to
provide housing that responds to changing family needs, smaller households, and increasing
housing costs; and to provide reasonable regulations for the construction and use of Accessory
Dwelling Units within the City.
The Planning Commission is vested with authority to review and evaluate applications
under this Section and to approve, approve with conditions, or deny any such application.
Conditions imposed for approval shall be designed to mitigate any adverse effects of an ADU.
(b) Limitations on Accessory Dwelling Units
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(1) External Accessory Dwelling Units (“EADU”) are not allowed as a
permitted or conditional use in any zone of the City. Mobile homes, recreational
vehicles, travel/camp trailers, shipping container based units, storage sheds, and any
similar units are prohibited for use as an EADU or for any other dwelling purpose under
this Title.
(2) Internal Accessory Dwelling Units (IADUs) – Use and Location. Subject
to the requirements of this Section, one IADU is allowed as a permitted use in a single-
family dwelling in any zone that is primarily for single-family residential uses, e.g., the
City’s A-1, R-S-12, R-1-12, R-1-10, and R-1-8.
(A) The IADU shall be located within the footprint of the primary
dwelling at the time the IADU is created.
(B) The IADU shall be used exclusively for the purpose of offering a
long-term rental of thirty (30) days or longer.
(C) The IADU may house a maximum of four (4) unrelated tenants.
(D) No IADU shall be created, established, or occupied in a single
family dwelling unless the owner of the property occupies either the main
dwelling or the IADU. The term “owner occupied” shall be defined as full time
residency (as defined by Utah State Code) within a home by the bona fide
property owner as shown on the Davis County tax assessment rolls.
(e) General Regulations. The following regulations shall apply to all IADUs in the
City.
(1) Parking. A primary dwelling with an IADU shall provide parking in a
manner consistent with the City’s parking ordinances, rules and regulations. In addition
to the parking standards of the City and in the applicable Zone, there shall be at least one
(1) off-street parking stall for an IADU. If an IADU is created within a garage or
carport, the parking spaces previously contained within the garage or carport shall be
replaced with similar facilities. On street parking shall not be permitted at any time.
(2) The minimum size of the IADU shall be four hundred (400) square feet of
living space within the primary dwelling.
(3) The IADU shall comply with all applicable building, health and fire codes.
(4) The IADU shall be designed in a manner that minimizes any changes in
the appearance of the primary dwelling as a single-family dwelling.
(5) An IADU is prohibited within any mobile home (as defined by U.C.A.
§57-16-3).
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(6) If the primary dwelling is served by a septic tank, written approval shall be
required from the Davis County Health Department.
(7) The lot or parcel on which the primary dwelling is located shall be at least
8,000 square feet in size.
(8) An IADU shall provide kitchen, at least one bedroom, and a bathroom
with a toilet, sink, and tub/shower that are separate from those provided within the
primary dwelling unit.
(9) The IADU shall share all utility meters with the primary residence.
(10) An IADU will not be given a separate address by the City. Residences
with IADUs may refer mail to the IADU by the same street address as the residence and
refer to the owner-occupant as located in unit "A" and the tenant(s) in the IADU as
located unit in “B,” or by similar logical distinction.
(11) An IADU shall not be used as a Short-term Rental, shall not be listed for
rental on a short-term rental website or for rental in any other media or publication.
(f) IADU Application and Permit:
(1) Every owner of an IADU in the City shall obtain a permit before any
portion of a single-family residence is used for that purpose. A permit issued under this
Section does not run with the land and expires upon the residence failing to be owner-
occupied or upon the sale of the residence.
(2) An application for an IADU permit shall be filed with the City Manager
and accompanied by the fee required by the Consolidated Fee Schedule.
(3) An applicant shall file a site plan and floor plan with the application. The
site plan and floor plan shall demonstrate that all requirements of this section are met,
including without limitation requirements related to: compliance with all health, building
and fire codes; parking requirements; size of the IADU; utility services; and kitchen,
sleeping and sanitary facilities.
(4) The site plan and floor plan shall be drawn accurately to scale showing
property lines and dimensions, the location of existing buildings or additions, distances
from buildings or additions to property lines, the location of parking stalls, utility meters,
entrances to the home, and areas within the single-family residence to be used as an
IADU.
(5) At least one inspection will be required by the City to verify that all
requirements have been followed.
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(g) Noncompliance; Revocation or Withdrawal of Permit. A permit for an IADU
may be revoked or withdrawn in the following circumstances:
(1) The conditions upon which the permit has been issued no longer are
maintained by the property owner;
(2) The requirements of this Section or the permit have been violated; or
(3) The property owner applies for a withdrawal by submitting a sworn
declaration that the property owner or lawful tenant is not and will not allow any
occupant to use the accessory dwelling unit in violation of this section.
(h) Enforcement; Revocation of Permit. In the event of a violation of this
Section, enforcement and revocation proceedings may be commenced as provided in this
Chapter.
10-11-22 SHORT TERM RENTALS.
Short term rentals will not be permitted within the City, whether as a vacation
rental or otherwise. The definition of a short term rental is any rental of a residence for
less than 30 days.
Section Three: ORDINANCES TO CONFORM WITH AMENDMENTS
The Fruit Heights City Manager is hereby authorized and directed to make all necessary
changes to the Fruit Heights City Code to bring the text into conformity with the changes adopted by
this Ordinance.
Section Four: Severability
In the event that any provision of this Ordinance is declared invalid for any reason, the
remaining provisions shall remain in effect.
Section Five: Effective Date
This Ordinance shall take effect immediately upon passage and adoption and publication of a
summary as required by law.
DATED this ___ day of ____________, 20__.
FRUIT HEIGHTS CITY, a Municipal Corporation
By:
John Pohlman
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Mayor
ATTEST:
______________________________
Brandon Green
City Recorder
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