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A. No required yard or other open space around an existing building, or which is hereafter provided around any building for the purpose of complying with the provisions of this title, shall be considered as providing a yard or open space for any other building; nor shall any yard or other required open space on an adjoining lot be considered as providing a yard or open space on a lot whereon a building is to be erected or established.
B. On any lot under a separate ownership from adjacent lots and of record at the time of the "initial enactment of the zoning ordinances", as defined in section 15-2-10 of this title, and such lot having a smaller width than required for the zone in which it is located, the following regulations shall apply:
1. For interior lots, each side yard may be equal to but not less than the same percentage of the required side yard width as the lot is of the required lot width; provided, that in no case shall the smaller of the two (2) side yards be less than five feet (5') or the larger less than eight feet (8').
2. On corner lots, each side yard may be equal to but not less than the same percentage of the required side yard width as the lot is of the required lot width; provided, that in no case shall the side yard on the street side be less than fifteen feet (15') in R-1-10, R-1-8, R-1-6, R-2, and R-3 Zones or less than ten feet (10') in R-4 and R-5 Zones, and the other side yard shall not be less than five feet (5') in all residential zones.
C. On any lot under separate ownership from adjacent lots and of record at the time of the "initial enactment of the zoning ordinances", as defined in section 15-2-10 of this title, where a private attached garage containing a sufficient number of parking spaces to meet the requirements of this title has a side yard equal to the minimum side yard required for a dwelling in the same zone, the width of the other side yard for the dwelling may be reduced to equal that of the minimum side yard.
D. On any interior lot where a single-family dwelling has an attached private garage containing a sufficient number of parking spaces to meet the requirements of this title, and has a side yard equal to the minimum side yard required for a single-family dwelling in the same zone, the width of the other side yard for the dwelling may be reduced to equal that of the minimum required side yard; and on any interior or corner lot where a single- family dwelling has an attached garage with sufficient parking and has such side yard, the rear yard of the dwelling may be reduced to fifteen feet (15'), provided the garage also has a rear yard of at least fifteen feet (15').
E. Every part of the required yard shall be open to the sky, unobstructed except for accessory buildings in a rear yard, and except for the ordinary projections of skylights, sills, belt courses, cornices and other ornamental features.
F. Open or lattice enclosed fire escapes, fireproof outside stairways, and balconies opening upon fire towers may project into a yard not more than five feet (5'), and the ordinary projections of chimneys and flues are permitted.
G. No accessory building nor group of accessory buildings in any residential zone shall cover more than twenty five percent (25%) of the rear yard.
H. No space needed to meet the width, yard, area, coverage, parking or other requirements of this title for a lot or building may be conveyed away from such lot or building, except as permitted by the Board of Zoning Adjustment, and any attempted conveyance or lease in violation hereof shall be void.
I. No parcel of land which has less than the minimum width and area requirements for the zone in which it is located may be cut off from a larger parcel of land for the purpose, whether immediate or future, of building or development as a lot, except by permit of the Board of Zoning Adjustment.
J. Any corner lot in a residential zone subdivided or receiving approval for subdivision before January 1987, and meeting the existing lot area and lot frontage requirements for interior lots in their respective zones shall be considered as in conformance with this title.
K. A single family or duplex lot may not have more than fifty percent (50%) of the front yard area covered by hard surface material.
(Ord. 72-13, 7-6-1972; amd. Ord. 77-24, 5-19-1977; Ord. 81-23, 6-18-1981; Ord. 87-11, 3-12-1987; Ord. 90-52, 10-25-1990; Ord. 91-51, 12-19-1991; 1999 Code; Ord. 2017-44, 10-17-2017)
A. Penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain a building, and fire or parapet walls, skylights, towers, steeples, flagpoles, chimneys, smokestacks, and water tanks, wireless or television masts, theater lofts, silos or similar structures may be erected above the height limits prescribed in the zone height regulations, but no space above the height limit shall be allowed for the purpose of providing additional floor space, and no heights are permitted above the maximum allowed under airport area height provisions.
B. No dwelling shall be erected to a height less than ten feet (10').
C. In a residential zone, the ridge or highest point of the roof of an accessory building may be erected to a height no greater than the lesser of:
1. Twenty five feet (25');
2. Eighty percent (80%) of the highest point of the roof of the main residential building, except where the ridge or highest point of the roof of the main residential building is sixteen feet (16') or less the ridge or highest point of the roof of the accessory building may not exceed twelve and one-half feet (12'6"); or
3. For a metal-sided accessory building on a lot one-half (½) acre or over, twelve and one-half feet (12'6").
D. Design And Placement Of Tall Buildings: Any building or structure in a multiple-family, commercial, or manufacturing zone proposed to be in excess of thirty-five feet (35') tall that is next to a single-family residential or open space zone shall be set back from the property line of the single-family residential or open space zoned property a minimum of thirty-five feet (35') plus one foot (1') for every foot the building is taller than thirty-five feet (35'). A building or structure may stagger the height so long as the height of the section that is over thirty-five feet (35') meets this setback from the single-family residential or open space zoned property line.
(Ord. 2011-40, 7-5-2011; amd. Ord. 2022-42, 10-11-2022; Ord. 2023-15, 4-4-2023)
Domestic water supply and sewage disposal shall comply with the county health department requirements in all applications for a building permit where either an approved supply of piped water under pressure, or a sewer, is not available.
(Ord. 72-13, 7-6-1972; amd. Ord. 90-52, 10-25-1990)
A. Fence Materials: The materials used in a constructed fence are limited to materials made of wood, metal, concrete, masonry, stone or vinyl. The materials used to construct the fence shall be of dimensions and design commonly intended for typical fence construction and shall not be materials or reused materials that have been designed for another function and are now being used to create a fence.
B. Fence Material Restrictions: Limitations to the use of certain types of fencing material shall be as follows:
1. In residential zones fences which have razor ribbon or barbed wire are prohibited. A barbed wire fence would not be considered to be in violation of this provision if such fence material is used to repair or replace existing barbed wire fences where such fencing is for existing agricultural or pasture fences.
2. In commercial zones fences which have razor ribbon are prohibited. Security fences may have up to three (3) strands of barbed wire provided that no strand of barbed wire shall be permitted less than six feet (6') high. The barbed wire strands shall not slant more than sixty degrees (60°) from a vertical line and shall not project over public property. Fences with barbed wire shall not be allowed in the front yard setback.
3. In manufacturing zones fences with razor ribbon shall only be allowed to the side or rear of a building on the same lot or if no building is on the lot such fencing will not be allowed in the front yard setback.
C. Fence Height: The maximum height of fencing allowed shall be as required below:
1. No fence or other similar structure shall be erected, installed, planted or maintained in any required front yard of a dwelling to a height in excess of four feet (4'); nor shall any fence or similar structure be erected in any side or rear yard to a height in excess of seven feet (7') except fences created solely of living plant material.
2. On corner lots in a residential zone, a fence may be erected, installed, planted or maintained in any side yard facing a street on a corner lot to a maximum height of four feet (4'), or to a maximum height of six feet (6') if the following conditions are met:
a. The fence shall not extend into the side yard area between the dwelling and street and shall be located exclusively in the side yard area immediately adjacent to the rear yard.
b. A clear view zone be maintained free of fencing when a driveway exists on the adjacent lot within ten feet (10') of the shared property line. The "clear view zone" refers to that portion of the corner lot lying within a triangular area formed by measuring back ten feet (10') from the point where the interior property line shared with the adjacent lot meets the property line along the public right of way.
3. Where a fence is erected upon a retaining wall or where, for other reasons, there is a difference in the elevation of the surface of the land on either side of the fence, height of the fence shall be measured from a point halfway between the top of the retaining wall and the land on the lower side or from the average elevation of the surface of the land on either side of the fence, but nothing herein contained shall be construed to restrict to less than four feet (4') in height measured from the surface of the land on the site having the highest elevation.
4. Notwithstanding the above, no fence shall be erected to a height in violation of title 7, chapter 3, "Obstructions At Intersections", of this code.
(Ord. 72-13, 7-6-1972; amd. Ord. 90-41, 7-26-1990; Ord. 90-52, 10-25-1990; Ord. 2000-16, 3-7-2000; Ord. 2005-19, 5-17-2005)
A. Exterior Lighting: No spotlight or floodlight shall be installed in any way which will permit the direct rays of such light to penetrate into any residential zone or onto any property used for residential purpose.
B. Lights Not To Constitute Traffic Hazard: No light, sign or other advertising structure as regulated by this title shall be erected at the intersection of any street in such a manner as to obstruct free and clear vision; or at any location where, by reason of the position, shape or color, it may interfere with, obstruct the view or be confused with any authorized traffic sign, signal or device which makes use of the words "STOP", "LOOK", "DRIVE-IN", "DANGER" or any other word, phrase, symbol or character in such a manner as to interfere with, mislead or confuse traffic.
(Ord. 72-13, 7-6-1972; amd. Ord. 90-52, 10-25-1990)
In all residential zones a private park, playground or recreation area with or without a swimming pool shall meet the following requirements:
A. Ownership: The lands and facilities used for such purpose shall be owned or leased and operated by a nonprofit corporation for the exclusive benefit of the members, their immediate families and nonpaying guests.
B. Facilities: Adequate restrooms and sanitary facilities shall be provided and kept available for use by members, their families and guests, and shall be maintained in proper working order and in a clean and sanitary condition and in full compliance with the reasonable standards, rules and regulations established by the county health department.
C. Parking: Twenty five (25) off street parking spaces, or one off street parking space for each four (4) memberships in the operating corporation, whichever is greater, shall be provided on the lot devoted to the principal use.
D. Time Limitations: Operation or use of the recreational or other facilities provided is forbidden between the hours of eleven o'clock (11:00) P.M. to six o'clock (6:00) A.M. next following.
E. Setback Requirements: All facilities, equipment and buildings shall be set back not less than twenty feet (20') from any property line and shall be located not less than fifty feet (50') from any main building on an adjoining lot and from any area upon which any such main building may be constructed upon said adjoining lot if no such main building is in existence.
F. Minimum Lot Size: The minimum size of the lot or suite used for such recreational or other purposes shall be one acre.
G. Lighting: Any lights used to illuminate the premises shall be installed in such a manner that the source of light shall be suitably screened to avoid annoying illumination of lands outside said premises.
(Ord. 72-13, 7-6-1972; amd. Ord. 90-52, 10-25-1990)
In all residential zones, public utility substations shall meet the following requirements:
A. Lot Area: Each public utility substation in a residential zone shall be located on a lot not less than two thousand (2,000) square feet in area.
B. Yards: Each public utility substation in a residential zone shall be provided with a yard on each of the four (4) sides of the building not less than five feet (5') in width, except that for such stations located on lots fronting on a street abutted by one or more residential lots, the front yard, side yards and rear yard shall equal those required for a single-family residence in the same zone.
C. Street Access: Each public utility substation in a residential zone shall be located on a lot which has adequate access from a street, alley or easement.
D. Location To Be Approved: The location of public utility substation in a residential zone shall be subject to approval by the planning commission.
(Ord. 72-13, 7-6-1972; amd. Ord. 90-52, 10-25-1990)
A family swimming pool shall be permitted in the side and rear yard of a dwelling as an accessory use, provided the following requirements are met:
A. Location: The location of such family swimming pool or accessory machinery shall not be less than ten feet (10') from any interior property line. On corner lots, the distance from said pool to the property line facing on a street shall not be less than the required side yard for an accessory building in that zone.
B. Fence: An outside family swimming pool shall be completely enclosed by a substantial fence of not less than six feet (6') in height and any lights used to illuminate said pool or its accessories shall be so arranged as to reflect the light away from adjoining premises. A "substantial fence" shall mean any fence that would not allow passage by any person.
(Ord. 72-13, 7-6-1972; amd. Ord. 88-37, 9-8-1988; Ord. 90-52, 10-25-1990)
A. Daycare Center Regulations: A daycare center shall comply with the following:
1. Licensing: The regulations and licensing of daycare centers shall be in accordance with Utah Code Annotated title 62A, chapter 2, as amended, or any successor provision.
2. Fence: All outdoor play areas shall be within fenced area and shall be limited to use between the hours of eight o'clock (8:00) A.M. to eight o'clock (8:00) P.M. Fence height shall be in accordance with section 15-13-7 of this chapter.
3. Off Street Parking: Sufficient off street parking shall be provided to satisfy the requirement of section 15-12-3 of this title.
B. Licensed Family Child Care Regulations: A provider of licensed family child care shall comply with the following:
1. Hours Of Operation: Hours of operation shall be limited to between the hours of seven o'clock (7:00) A.M. to eight o'clock (8:00) P.M.
2. Outdoor Areas: All outdoor play areas shall be within a fenced area. Fence height shall be in accordance with section 15-13-7 of this chapter.
3. Pick-Up And Drop-Off: Pick-up and drop-off times shall be staggered so that no more than eight (8) children are being dropped-off/picked-up at a time. Pick-up and drop-off procedures shall not interfere with the flow of traffic on any through streets.
4. The provider must be at least eighteen (18) years old and be the owner and occupant of the dwelling being used to provide child care. Two (2) qualified caregivers are required if there are more than eight (8) children in care and if there are more than two (2) children younger than two (2) years old in care. A provider may not provide care for more than four (4) children younger than two (2) years old.
5. The provider shall be licensed by the State of Utah and comply with all interior and exterior size requirements and other applicable rules or regulations.
(Ord. 73-22, 7-12-1973; amd. Ord. 90-52, 10-25-1990; Ord. 2020-60, 12-1-2020)
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