Alta City Zoning Code

CHAPTER 6

ZONING DISTRICTS

10-6-1: ESTABLISHMENT OF ZONES:

For the purpose of this title, the town to which this title applies is divided into eight (8) zones and one (1) overlay zone as follows:

Forestry multi-family zone	FM-10
Forestry multi-family zone	FM-20
Base facilities zone	BF-10
Forestry and recreation zone	FR-0.5
Forestry and recreation zone	FR-1
Forestry and recreation zone	FR-20
Forestry and recreation zone	FR-50
Peruvian estates zone	PE-0.5
Upper Albion Basin Protection Overlay Zone	UABPOZ

(Ord., 6-8-1989; amd. Ord. 2021-O-1, 3-10-2021)

10-6-2: ZONING MAP:

Each of the sections of the town which are hereby amended or zoned are shown on the zoning map on file with the town clerk, and such map is made by this reference, as such, a part of this title as if fully described and detailed herein. (Ord., 6-8-1989)

10-6-3: ZONE BOUNDARIES:

The boundary of any zone shall be construed as the property line or lines of any perimeter parcel or parcels located therein. Should uncertainty exist as to the boundary of any zone, the appeal authority shall interpret the map. (Ord., 6-8-1989; amd. 2010 Code)

10-6A-1: PURPOSE:

The purpose of the forestry and recreation zones set forth in this article is to allow for uses of certain areas of the town which will be compatible with one another and with the natural, scenic beauty of the town and the nearby mountain vistas. No interest in a residential unit, dwelling or project of any type whatsoever to be located in a forestry and recreation zone shall be conveyed or transferred by deed or contract for a specified period of time of less than thirty (30) days. A major purpose of this zone is to increase the period of ownership and occupancy of its residents. (Ord., 6-8-1989; amd. 2010 Code)

10-6A-2: PERMITTED USES:

All permitted uses are subject to sections 10-6A-4 through and including 10-6A-9 of this article.

Accessory uses and structures customarily incidental to a permitted use.

Single-family dwellings. (Ord., 6-8-1989)

10-6A-3: CONDITIONAL USES:

All conditional uses are subject to sections 10-6A-4 through and including 10-6A-9 of this article, except that the regulations of sections 10-6A-4 through 10-6A-9 of this article may be modified by the town council as they relate to Public Use and Quasi-Public Uses.

Accessory uses and structures customarily incidental to a conditional use.

Commercial and private recreation.

Living quarters for persons employed on the premises of any Main Use.

Offices incidental to Main Use.

Public Uses and Quasi-Public Uses.

Temporary structures. (Ord., 6-8-1989; amd. Ord. 90-O-5, 4-12-1990; Ord. 2021-O-1, 3-10-2021)

10-6A-3-1: PROHIBITED USES:

It shall be deemed to be a prohibited commercial use in all FR zones to issue or rent any dwelling or other structure, or portion thereof, for lodging purposes for a period of thirty (30) days or less. (Ord., 6-8-1989)

10-6A-4: LOT AREA, LOT WIDTH AND SLOPE REQUIREMENTS:

District	Minimum Lot Area (Net Developable Acreage)	Lot Width
FR-0.5	1/2 acre	100 feet
FR-1	1 acre	200 feet
FR-5	5 acres	300 feet
FR-20	20 acres	300 feet
FR-50	50 acres	300 feet
FR-100	100 acres	300 feet

The term "Net Developable Acreage", as used in this article, shall be deemed to be defined as set forth in section 10-1-6 of this title. (Ord., 6-8-1989)

In all FR zones, as delineated above, no construction shall be permitted on any lot or portion thereof where the ground slope exceeds thirty percent (30%). Where exceptional and extraordinary conditions exist, resort may be made to the appeal authority. (Ord., 6-8-1989; amd. 2010 Code; Ord. 2021-O-1, 3-10-2021)

10-6A-5: YARD REGULATIONS:

Because of the unique nature of topography and climatic conditions within the town, the side, rear and front yard requirements will be determined on an individual basis by the town council, acting upon the recommendation of the planning commission. (Ord., 6-8-1989)

10-6A-6: HEIGHT REQUIREMENTS:

No single-family dwelling shall be erected to a height greater than three (3) stories, nor less than one story, and the maximum height of any single-family dwelling shall be thirty five feet (35') above the lower of the Established Grade or Finished Grade. Any single-family dwelling which complied with the height requirements on March 10, 2021 and no longer complies with this section is a valid complying structure as to height. (Ord., 6-8-1989; Ord. 2021-O-1, 3-10-2021)

10-6A-7: MAXIMUM LOT COVERAGE:

A. The maximum coverage for the aggregate of all buildings, structures, graded surfaces, paved areas, overhangs, driveways, decks, parking areas and walkways shall be limited by the following schedule.

Zone	Maximum Lot Coverage
FR-0.5	25 percent of the net developable acreage
FR-1	25 percent of the net developable acreage
FR-5	10 percent of the net developable acreage
FR-20	5 percent of the net developable acreage
FR-50	2 percent of the net developable acreage
FR-100	1 percent of the net developable acreage

B. The following areas shall not be counted as coverage: Areas that may have been graded but remain vegetated and open to the sky, such as ski trails or lawn areas;

C. The following areas shall be counted as coverage: Green or planted roofs shall be counted as coverage. (Ord., 6-8-1989; amd. Ord. 2021-O-1, 3-10-2021)

10-6A-8: WASTEWATER SYSTEM UABPOZ:

Prior to submittal for a building permit for any occupied structure in the UABPOZ applicant shall show and guarantee ability to connect to a public sewer system. This provision does not apply to dwellings located within the UABPOZ which legally existed at the time this chapter was passed. (Ord. 2021-O-1, 3-10-2021)

10-6A-9: SPECIAL REGULATIONS:

A. Natural Hazards: Construction of permanent or temporary structures shall not be permitted, erected, established or performed in such a manner as to place real and personal property and/or individuals at unreasonable risk of harm or injury from natural, geographic or topographic hazards, namely: floods, landslides, avalanches, a high water table, or inordinate soil erosion. In addition to compliance with the provisions of the building code governing topographic, structural, construction and design standards necessary to meet the maximum foreseeable risk of such hazards, persons developing, improving, managing or owning such property shall have the obligation and bear the burden of so developing and/or improving the property in such a manner that the property and/or the general public are safeguarded from unreasonable risk of harm or injury from such natural hazards to the satisfaction of the planning commission and the building official.

B. Board Of Health Approval: Prior to issuance of a conditional use permit by the planning commission or the town council, or issuance of a building permit by the building official, approval of all uses, regardless of size or number of units, shall be given in writing by the Salt Lake Valley health department, who shall certify as to the adequacy of the culinary water system and the sewage system. The approval of all culinary water and sewage facilities shall be in accordance with the regulations of the Salt Lake Valley health department and the state division of health.

C. Sewage System: Site plan approvals, conditional use permits or building permits shall not be issued until the complete sewage system design and specifications have been approved in writing by all appropriate governmental agencies with jurisdiction.

D. Building Materials: Buildings shall be designed to preserve the natural beauty of the canyon area. Only those building materials which will blend harmoniously into the natural environment shall be permitted. The use of wood and stone and other harmonious materials is encouraged.

E. Grading: To reduce the possibility of erosion and eliminate unsightly scars on the mountain slopes, all excavation, grading and cut and fill operations shall be done under the strict control and approval of the building official. All areas disturbed by construction activities shall be revegetated and maintained in accordance with an approved plan. No certificate of occupancy for any project shall be issued by the building official until all revegetation is complete.

F. Natural Vegetation: All existing and proposed vegetation shall be shown on the approved site plan, and existing vegetation shall not be removed except as shown thereon. The design of the project shall be such as to retain as much of the existing natural vegetation as possible.

G. Stream Regulations:

1. No dwelling unit, structure, improvement or appurtenance shall be constructed, raised or established within fifty feet (50') from the high water line of any Waterway or within the Top of Bank as determined by the building official.

2. Notwithstanding (1) above, in the Upper Albion Basin Protection Overlay Zone, no dwelling unit, structure, improvement or appurtenance shall be constructed, raised or established, within one hundred feet (100') from the high water line of any Waterway or within twenty feet (20') from the Top of Bank as determined by the building official.

3. Notwithstanding (1) and (2) above, On U.S. Forest Service property, Structures which are not Buildings and are for Commercial Recreation ski area operation or campground operations, such as lift towers, signs, avalanche control devices, snowmaking equipment, picnic tables and fire pits, are exempt from these setbacks so long as and only if, such structures comply with requirements of the regulatory bodies having jurisdiction, including US Forest Service , U.S. Army Corp Engineers, State Engineer's Office, Utah Division of Water Rights, Salt Lake Valley Health Department and the Salt Lake City Division of Public Utilities and such approval, if required by the regulatory bodies having jurisdiction, shall be submitted to the Building Official prior to the Structure being put in place. Written notification of the installation or construction of any Structure, whether or not an approval from the regulatory bodies is required, must be given to the Town Administration prior to the Structure being put in place or any site preparation for the structure.

4. The approved site plan shall depict the Waterway and Top of Bank setbacks and also indicate the extent and specific design of the proposed method of control of erosion during and after construction activities. The complete, approved erosion control system shall be installed and approved by the building official prior to commencement of any construction activities on any site.

H. Rehabilitation Of Existing Landscape Scars: In conjunction with submission of plans and documents for building permit plan or conditional use approval, the applicant shall submit for approval a detailed program for rehabilitation of existing scars on the landscape, if any, caused by unused roads, mine dumps, excavation, construction or other causes. A bond, in an amount determined by the building official, covering such rehabilitation program shall be deposited with the town to ensure that such rehabilitation will be completed. No certificate of occupancy shall be issued by the building official until all approved rehabilitation work is complete.

I. Parking Requirements: The planning commission shall determine the number of parking spaces required; however, the minimum requirements of chapter 12 of this title shall be satisfied. Covered parking is encouraged.

J. Utilities: All utilities shall be placed underground. (Ord., 6-8-1989; amd. Ord. 2021-O-1, 3-10-2021)

10-6A-10: CONSTRUCTION DOCUMENTS APPROVAL:

In order to determine compliance with this title and to promote orderly and harmonious development of canyon areas, construction documents for all projects shall be approved by the building official prior to the issuance of any building permits. Applications for building permits shall be accompanied by plans, specifications and other documents with sufficient data and at a reasonable scale to describe all existing and proposed conditions, including, but not limited to, topography, grading, roads and walks, buildings, utilities, vegetation, exterior materials, color schedules, and other such information as may be required to ensure compliance with the provisions of this title. The building official may seek the recommendation of the planning commission prior to approval of any project. Applications may be approved as submitted, approved subject to conditions, or disapproved. Appeal of any decision of the building official may be made to the town council by filing a written notice of such effect with the town clerk within twenty (20) days of the date of the written notice of such determination. The town council shall thereupon promptly hear such appeal at the next regular meeting of the town council or at a special meeting upon call of the mayor, and the matter shall be reviewed de novo. (Ord., 6-8-1989; amd. Ord. 2021-O-1, 3-10-2021)

10-6A-11: PETITIONS TO REZONE:

A. Content Of Petition: Any request to amend an existing zoning ordinance or to amend and change the zoning of any particular property within the town shall be submitted to the town clerk in the form of a written and verified petition. Said petition shall include the following elements:

1. The full name and address of the petitioner.

2. A statement of all legal, contractual and equitable interest in the property as to which zoning amendment or change is sought, including the names and addresses of all such individuals.

3. A legal description by metes and bounds, or otherwise, of the property as to which zoning amendment or change is sought.

4. A statement as to the reasons and basis for the amendment or change to any zoning ordinance or land use classification.

5. If real property is to be developed pursuant to the proposed amended and/or changed zoning ordinance, a statement in detail of the plans and documents relating to such development, including those elements as required in sections 10-6A-3 through and including 10-6A-9 of this article. The petitioner shall attach two (2) copies of plans, specifications and other documents as may be necessary to fully describe in detail the nature, character and extent of the proposed development as to which the petition relates.

6. A statement as to the availability of all utility services. (Ord., 6-8-1989)

B. Fees: At the time the petition is filed, the applicant shall also pay to the town clerk all required fees as set by resolution of the town council. (Ord., 6-8-1989; amd. 2010 Code)

C. Planning Commission Review: Upon receipt of any petition filed under this section and payment of all appropriate fees by petitioner, the town clerk shall forward forthwith such petition and all attachments to the chairperson of the planning commission for review, analysis and action by that commission pursuant to law at the next regularly scheduled meeting of the commission. (Ord., 6-8-1989; amd. Ord. 2021-O-1, 3-10-2021)

10-6A-12: MECHANICAL SCREENING OF ROOFTOP ELEMENTS:

A. Rooftop Elements shall be set back at least five feet (5) from the edges of a structure.

B. All rooftop elements, except for flagpoles and windsocks, must be architecturally screened to:

1. Not detract from the natural environment of the canyon;

2. Not adversely affect the viewshed of neighbors or canyon visitors; and

3. Be harmonious with the base structure. (Ord. 2021-O-1, 3-10-2021)

10-6B-1: INTRODUCTION:

The Peruvian estates zone applies to those certain lots described by metes and bounds and shown on the zoning map as PE-0.5. The provisions of chapter 6, article A of this chapter, pertaining to zone FR-0.5 shall apply, except as modified herein. (Ord., 6-8-1989)

10-6B-2: PURPOSE:

The purpose of this article is to define additional permitted uses to those described in section 10-6A-2 of this chapter. (Ord., 6-8-1989)

10-6B-3: PERMITTED USES:

All permitted uses allowed under section 10-6A-2 of this chapter shall be allowed in this zone. In addition, the following uses are allowed:

Caretaker use, within the defined terms "caretaker" and "caretaker unit", set forth in section 10-1-6 of this title.

Rental of a "single-family dwelling", as defined in section 10-1-6 of this title, to a single "family", as defined in section 10-1-6 of this title, for periods of less than thirty (30) days and subject to the following conditions:

A. No food service, or catering of food or beer, or liquor service may be provided.

B. No maid, housekeeping or similar services may be provided.

C. No rental to groups other than a single "family", as defined in section 10-1-6 of this title, at any given time is allowed.

D. No rental of a "caretaker unit", as defined in section 10-1-6 of this title, for purposes other than to house a "caretaker", as defined in section 10-1-6 of this title, is allowed. (Ord., 6-8-1989)

10-6C-1: PURPOSE:

The purpose of the FM-10 and FM-20 forestry multi-family zones is to allow high density residential, limited commercial, resort dwellings occupied or owned for periods of less than thirty (30) days and other uses as set forth and specified by sections 10-6C-2 and 10-6C-3 of this article to the extent that such development is compatible with the protection of the natural and scenic resources of the town and the safety of the public. Unique winter hazards exist in the town requiring specific management control of resort hotels, condominiums and commercial enterprises for the protection of the public and the health, safety and general welfare of the residents of the town. (Ord., 6-8-1989; amd. 2010 Code)

10-6C-2: PERMITTED USES:

All permitted uses are subject to sections 10-6C-4 through and including 10-6C-10 of this article; and the following:

Accessory uses and structures customarily incidental to a permitted use.

"Nameplates" and "signs", as defined and limited in chapter 13 of this title.

Single-family dwellings. (Ord., 6-8-1989; amd. 2010 Code)

10-6C-3: CONDITIONAL USES:

All conditional uses are subject to sections 10-6C-4 through and including 10-6C-9 of this article; and the following:

Accessory uses and structures customarily incidental to a conditional use.

Apartment house, lodging house, hotel, time period unit and condominium project.

Class B beer outlet, package agency, state store.

Commercial and private recreation.

Dwelling group.

Living quarters for persons employed on the premises of any Main Use.

Multiple-family dwelling.

Offices incidental to the Main Use.

"Planned unit development", as defined in chapter 10 of this title.

Private nonprofit locker club.

Public and quasi-public uses.

Restaurant, boutique, ski shop and other limited commercial uses determined by the town council to be of the same character of these listed and serving the needs of the visitors and residents of the canyon.

Temporary structures. (Ord., 6-8-1989; amd. 2010 Code; Ord. 2021-O-1, 3-10-2021)

10-6C-4: LOT AREA, LOT WIDTH AND SLOPE REQUIREMENTS:

Construction of any building, structure or improvement shall not be permitted where any of the following conditions exist:

A. The lot area shall be less than one-half (1/2) acre in size; or

B. The property from which the said lot was subdivided shall have contained less than one "net developable acre", as defined in section 10-1-6 of this title; or

C. The slope exceeds thirty percent (30%); or

D. The width of the lot shall be less than one hundred feet (100').

Where exceptional and extraordinary conditions exist, resort may be made to the appeal authority pursuant to chapter 5 of this title. (Ord., 6-8-1989; amd. Ord. 2021-O-1, 3-10-2021)

10-6C-5: YARD REGULATIONS:

Because of the unique nature of topography and climatic conditions within the town, the side, rear and front yard requirements will be determined on an individual basis by the planning commission. (Ord., 6-8-1989)

10-6C-6: HEIGHT REQUIREMENTS:

A. The unique nature of the topography, vegetation, soils, climatic and aesthetic characteristics of the canyon defy uniform regulations and require that the heights of structures be determined on an individual basis. Maximum and minimum heights of all conditional uses shall be determined by the planning commission and after analysis of the following elements:

1. Natural setting.

2. Relationship with other structures and open spaces.

3. Contour intervals and topographic features.

4. Height, density and species of vegetation.

5. Scenic vistas and sight lines.

6. Other elements deemed appropriate to ensure that the provisions of section 10-6C-1 of this article are met.

B. No single-family dwelling shall be erected to a height greater than three (3) stories, nor less than one story. and the maximum height of any single-family dwelling shall be thirty five feet (35') above the lower of the Established grade or Finished Grade Any single-family dwelling which complied with the height requirements on March 10, 2021 and no longer complies with this section is a valid complying structure as to height. (Ord., 6-8-1989; amd. Ord. 2021-O-1, 3-10-2021)

10-6C-7: DENSITY REGULATIONS:

A. Maximum: The maximum density for residential dwelling units shall be as follows:

Zone	Maximum Density
FM-10	Up to 10 dwelling units or 20 guestrooms per net developable acre and contained in not more than 2 buildings
FM-20	Up to 20 dwelling units or 40 guestrooms per net developable acre and contained in not more than 2 buildings

B. The terms "dwelling unit", "guestroom", and "building" shall strictly comply with their definitions as set forth in section 10-1-6 of this title.

C. The foregoing maximum density regulations shall not be subject to proration, and except for single-family dwellings, a full, contiguous, "net developable area", as defined in section 10-1-6 of this title, shall be required for any property to be eligible for subdivision in an FM-10 or FM-20 zone. (Ord., 6-8-1989)

D. For residential uses other than "hotel" or "lodging house", as defined in section 10-1-6 of this title, the total number of "bedrooms", as determined by the building official, shall be the total number of guestrooms allowed in determining maximum density. (Ord. 90-O-4, 4-12-1990)

10-6C-8: MAXIMUM LOT COVERAGE:

A. The maximum coverage for the aggregate of all building, structures, graded surfaces, paved areas, overhangs, driveways, decks, parking areas and walkways shall be twenty five (25%) of the gross lot area.

B. The following areas shall not be counted as coverage: Areas that may have been graded but remain vegetated and open to the sky, such as ski trails or lawn areas; and

C. The following areas shall be counted as coverage: Green or planted roofs shall be counted as coverage. (Ord., 6-8-1989; amd. Ord. 2021-O-1, 3-10-2021)

10-6C-9: SPECIAL REGULATIONS:

E. Grading: To reduce the possibility of erosion and eliminate unsightly scars on the mountain slopes, all excavation, grading, and cut and fill operations shall be done under the strict control and approval of the building official. All areas disturbed by construction activities shall be revegetated and maintained in accordance with an approved plan. No certificate of occupancy for any project shall be issued by the building official until all revegetation is complete.

G. Stream Regulations: No building, structure, improvement or appurtenance shall be constructed, raised or established, the nearest point of which is within fifty feet (50') from the high water line of any Waterway or within the Top of Bank as determined by the building official. The approved site plan shall depict the Waterway and Top of Bank setbacks and also indicate the extent and specific design of the proposed method of control of erosion during and after construction activities. The complete, approved erosion control system shall be installed and approved by the building official prior to commencement of any construction activities on any site.

H. Rehabilitation Of Existing Landscape Scars: In conjunction with submission of plans and documents for building permit or conditional use approval, the applicant shall submit for approval a detailed program for rehabilitation of existing scars on the landscape, if any, caused by unused roads, mine dumps, excavation, construction or other causes. A bond, in an amount determined by the building official, covering such rehabilitation program, shall be deposited with the town to ensure that rehabilitation will be completed. No certificate of occupancy shall be issued by the building official until all approved rehabilitation work is complete.

I. Parking Requirements: The planning commission shall determine the number of parking spaces required; however, the minimum requirements of chapter 12 of this title shall be provided, except that hotels and lodging houses shall provide one-half (1/2) parking space for each guestroom rounded to the next higher whole number of parking spaces. In order to gradually reduce the large parking areas which detract from the natural beauty of the town, the planning commission may require that covered or enclosed on site parking be provided.

J. Utilities: All utilities shall be placed underground.

K. Time Period Unit Project:

1. In every time period unit project, the condominium declaration, unit owners' association articles of incorporation and bylaws shall be submitted to and approved by the town council prior to recordation. Time period unit projects are regarded as hotels for those characteristics bearing on service to the public and the health, safety and general welfare of the public and residents of the town. For purposes of this title and in regarding time period unit projects as hotels, all such projects shall be required to have management procedures and are subject to all other regulations identical to those required of hotels. In addition to all other requirements of the Utah condominium ownership act, the following provisions shall be included in any time period unit projects condominium declaration, owners' association articles of incorporation and bylaws:

a. An affirmation that the time period unit project will maintain a manager and other responsible employees on the project property at all times for purposes of managing the project as a hotel, answering inquiries from the general public and from officials of the town and other governmental agencies, providing for maintenance, upkeep, waste and snow removal as required by unit owners or transient renters, and responding to emergencies such as fire, storm, earthquake and avalanche.

b. A statement that the act of ratification of the time period unit project owners' association articles of incorporation and bylaws is a conferral of power of attorney for the unit owners upon the person in charge or the designated manager of the project for service of process and on the first officer of the project owners' organization should no manager be designated. A further statement that, in matters relating to health, safety and morals of the residents of the town and/or Salt Lake County, the town may issue to the project manager, first officer of the project owners' organization or present manager, instructions, requests, orders, notice of service of process of any otherwise lawful nature whatsoever, and such issuance or notice shall be service to all the owners of units within the project and to the owners' association.

2. The unit owners' association of any time period unit project shall maintain a management reserve fund in the name of the town in an amount to be established by the town council for each individual project in a trust account in a bank to be named in the bylaws, to be assessed by the town for any real costs it may incur in taking responsible emergency steps to secure the safety of the project, its owners and inhabitants, the residents of the town, or the general public in the absence from the project of the manager or other responsible employees or agents of the project.

3. No condominium unit shall be converted to a time period unit use unless one hundred percent (100%) of the owners express in writing a desire to convert each of their units to a time period use. A condominium project unit owners association desiring to convert to a time period unit use must apply to the town on a form provided by the town and must show written evidence that one hundred percent (100%) of the unit owners will convert to time period use within one year. Subsequent to any such conversion, but prior to time period unit use, the condominium declaration and bylaws must be amended and recorded to clearly show that the project is a time period unit project rather than simply a condominium project and to comply fully to all the above provisions. (Ord., 6-8-1989)

4. Each time period unit project shall obtain an annual business license from the town. It is a class C misdemeanor, subject to penalty as provided in section 1-4-1 of this code, to occupy any time period unit or to allow access to any common area facility by unit owners or the general public without a business license. (Ord., 6-8-1989; amd. 2010 Code; Ord. 2021-O-1, 3-10-2021)

10-6C-10: CONSTRUCTION DOCUMENTS APPROVAL:

In order to determine compliance with this title and to promote orderly and harmonious development of canyon areas, construction documents for all projects shall be approved by the building official prior to the issuance of any building permits. Applications for building permit shall be accompanied by plans, specifications and other documents with sufficient data and at a reasonable scale to describe all existing and proposed conditions, including, but not limited to, topography, grading, roads and walks, buildings, utilities, vegetation, exterior materials, color schedules, and other such information as may be required to ensure compliance with the provisions of this title. The building official may seek the recommendation of the planning commission prior to approval of any protect. Applications may be approved as submitted, approved subject to conditions, or disapproved. Appeal of any decision of the building official may be made to the town council by filing a written notice of such affect with the town clerk within twenty (20) days of the date of the written notice of such determination. The town council shall thereupon promptly hear such appeal at the next regular meeting of the town council or at a special meeting, upon call of the mayor, and the matter shall be reviewed de novo. (Ord., 6-8-1989)

10-6C-11: PETITIONS TO REZONE:

A. Content Of Petition: Any request to amend an existing zoning ordinance or to amend and change the zoning of any particular property within the town, shall be submitted to the town clerk in the form of a written and verified petition. Said petition shall include the following elements:

1. The full name and address of the petitioner.

2. A statement of all legal, contractual and equitable interest in the property as to which zone amendment or change is sought, including the names and addresses of all such individuals.

3. A legal description by metes and bounds, or otherwise, of the property as to which zoning amendment or change is sought.

4. A statement as to the reasons and basis for the amendment or change to any zoning ordinance or land use classification.

5. If real property is to be developed pursuant to the proposed amended and/or changed zoning ordinance, a statement in detail of the plans relating to such development, including those elements as required in sections 10-6C-3 through and including 10-6C-9 of this article. The petitioner shall attach two (2) copies of plans, specifications and other documents as may be necessary to fully describe in detail the nature, character and extent of the proposed development as to which the petition relates and five (5) additional copies when petition requires Planning Commission review.

6. A statement as to the availability of all utility services. (Ord., 6-8-1989)

B. Fees: At the time the petition is filed, the applicant shall also pay to the town clerk all required fees as set by resolution of the town council. (Ord., 6-8-1989; amd. 2010 Code)

10-6C-12: MECHANICAL SCREENING OF ROOFTOP ELEMENTS:

A. Rooftop Elements shall be set back at least five feet (5') from the edges of the structure.

B. All rooftop elements, except for flagpoles and windsocks, must be architecturally screened to:

1. Not detract from the natural environment of the canyon;

2. Not adversely affect the viewshed of neighbors or canyon visitors; and

3. Be harmonious with the base structure. (Ord. 2021-O-1, 3-10-2021)

10-6D-1: INTRODUCTION:

A. Zoning Map: The base facilities zone applies to those certain parcels within the Town of Alta shown on the zoning map as BF-10.

B. Identification Of Subzones A, B and C Within The Base Facilities Zone: Zone A includes the Snowpine Lodge, the Rustler Lodge and the Alta Lodge. Zone B includes the Goldminer's Daughter Lodge and the Alta Peruvian Lodge. Zone C includes the Shallow Shaft Restaurant and the Photohaus. (Ord. 2014-O-5, 12-11-2014; amd. Ord. 2021-O-1, 3-10-2021)

10-6D-2: PURPOSE:

The purpose of the base facilities zone is to allow land to be used for retail and service commercial establishments and uses, together with transient accommodations uses. The base facilities zone is the commercial hub of the town and, as a result, no residential uses, including, but not limited to, condominiums and single-family residences shall be permitted within the base facilities zone. (Ord. 2008-O-7, 6-12-2008)

10-6D-3: GUESTROOM DEFINED:

"Guestroom", for the purposes of this article, shall mean every six hundred (600) square feet of total floor area within a structure, and the remainder thereof. (Ord. 2008-O-7, 6-12-2008)

10-6D-4: PERMITTED, PROHIBITED USES:

A. Permitted uses:

1. Hotels.

2. Conferences.

3. Retail commercial services, limited to the following and similar uses: retail shops, art galleries, bakeries, bars, bookstores, liquor stores, clothing stores, drugstores, food markets, gift shops, restaurants, sporting goods stores, ski shops and variety stores.

4. Storage of materials accessory to permitted uses in subsections A1 and A2 of this section, provided all such storage is located within a structure.

5. Parking of motor vehicles accessory to other uses permitted herein.

6. Parks, open spaces and recreational uses.

7. Designated employee housing units, as described in section 10-6D-7 of this article.

B. Prohibited: All other uses are not permitted in the base facilities zone. (Ord. 2008-O-7, 6-12-2008; amd. Ord. 2021-O-1, 3-10-2021)

10-6D-5: DENSITY REGULATIONS:

The maximum density for hotels shall be thirty three (33) guestrooms per net developable area. In calculating the total number of rooms allowed, the net developable acres multiplied by thirty three (33) shall be rounded down to the next lower whole number if the calculated value is a fraction. (Ord. 2008-O-7, 6-12-2008)

10-6D-6: PARKING REQUIREMENTS:

A. Existing Projects: For an existing project, there shall be provided the number of existing parking spaces, and in addition, one legal, overnight parking space shall be provided for every eight (8) guestrooms, or increment thereof, added to any existing project, and one-half (1/2) parking space shall be provided for every one employee living accommodation added to any existing project pursuant to section 10-6D-7 of this article, rounded up to the nearest whole number.

B. Location: All parking spaces provided shall be located either on the site or at a location acceptable to the land use authority.

C. New Construction Project: For any new construction project, there shall be provided the number of parking spaces required pursuant to section 10-12-4 of this title. Alternatively, for any project, the owner of the property may submit to the land use authority a parking management plan for the project proposing the number of parking spaces to be provided, taking into consideration hotel guests, live in tenant employees and day shift employees, and including the location of such spaces, for review, revisions and approval by the land use authority. (Ord. 2008-O-7, 6-12-2008)

10-6D-7: EMPLOYEE HOUSING:

A. Existing Project: For an existing project, there shall be provided the number of existing employee living accommodations in the project, and in addition, additional living accommodations for one employee shall be provided on the site for each five (5) additional guestrooms, or increment thereof.

B. New Construction Project: For any new construction project, there shall also be provided living accommodations on the site for one employee for every five (5) guestrooms. In calculating the required number of employee living accommodations, the number of proposed guestrooms shall be divided by five (5) and rounded up to the next larger whole number if the number of guestrooms divided by five (5) is a fraction. (Ord. 2008-O-7, 6-12-2008)

10-6D-8: LOT AREA, LOT WIDTH AND SLOPE REQUIREMENTS:

Construction of any building, structure or improvements shall not be permitted where any of the following conditions exist:

A. The lot area is less than one net developable acre in size; or

B. The slope exceeds thirty percent (30%); or

C. The width of the lot shall be less than one hundred feet (100'). (Ord. 2008-O-7, 6-12-2008)

10-6D-9: YARD REGULATIONS:

Because of the unique nature of topography and climatic conditions within the town, the side, rear and front yard requirements will be determined on an individual basis by the land use authority. In making its determination the land use authority shall take into account the following elements, among other relevant considerations:

A. Relationship with other structures and open spaces.

B. View sheds from SR-210, neighboring properties and visitors to the area.

C. Topographical features.

D. Existing vegetation.

E. Natural waterways.

F. Snow removal and snow storage requirements.

G. Emergency and general access.

H. Other elements deemed appropriate to ensure that the purposes of this article are met. (Ord. 2014-O-5, 12-11-2014)

10-6D-10: HEIGHT REQUIREMENTS:

A. The maximum height of any building or structure in zone A shall be twenty five feet (25') above the grade of SR-210 as measured from every point of the building horizontally to SR-210 directly north of that point.

B. The maximum height of any building in zone B shall be sixty feet (60') above the lower of Established Grade or Finished Grade, measured from the highest point of the building vertically to the lowest point of the lower of Established Grade or Finished Grade that is contiguous to the building.

C. The maximum height of any building in zone C shall be individually determined by the land use authority. In making its determination, the land use authority shall take into account the following elements, among other relevant considerations:

1. Natural setting.

2. View sheds from SR-210, neighboring properties and visitors to the area.

3. Topographical features.

4. Height, density and species of vegetation.

5. Other elements such as those mentioned above deemed appropriate to ensure that the purposes of this article are met. (Ord. 2014-O-5, 12-11-2014)

6. The maximum height of any building in zone C as established by the land use authority shall be that height as measured above the lower of Established Grade or Finished Grade, measured from the highest point of the building vertically to the lowest point of the lower of Established Grade or Finished Grade that is contiguous to the building. (Ord. 2014-O-5, 12-11-2014; amd. Ord. 2021-O-1, 3-10-2021)

10-6D-11: MAXIMUM COVERAGE:

The maximum coverage for the aggregate of all buildings, structures, graded surfaces, paved areas, overhangs, driveways, decks, parking areas and walkways shall be sixty five percent (65%) of the gross lot area.

The following areas shall not be counted as coverage:

A. Areas that are (a) graded but not paved, (b) used for vehicle accessor walkways, and (c) not maintained or have snow removed during the winter months (November 1 to May 1).

B. Areas that may have been graded but remain vegetated and open to the sky, such as ski trails or areas revegetated with native species.

C. The following areas shall be counted as coverage: Green or planted roofs shall count as coverage. (Ord. 2014-O-5, 12-11-2014; amd. Ord. 2021-O-1, 3-10-2021)

10-6D-12: STEP BACK (BUILDING):

In the base facilities zone no building as seen from the transfer tow or from the southern side of the canyon shall be higher than four (4) stories or forty eight feet (48') high, whichever is lower, without a twenty five foot (25') physical step back in the building. (Ord. 2014-O-5, 12-11-2014)

10-6D-13: MECHANICAL SCREENING:

A. Rooftop elements shall be setback at least five feet (5') from the edge of the structure and fifteen feet (15') from the north or south building facades.

B. All rooftop elements, except for flagpoles and windsocks, must be architecturally screened to:

1. Not detract from the natural environment of the canyon;

2. Not adversely affect views from neighbors or canyon visitors; and

3. Be harmonious with the base structure. (Ord. 2014-O-5, 12-11-2014; amd. Ord. 2021-O-1, 3-10-2021)

10-6D-14: SPECIAL REGULATIONS:

A. Natural Hazards: Construction of permanent or temporary structures shall not be permitted, erected, established or performed in such a manner as to place real and personal property and individuals at unreasonable risk of harm or injury from natural, geographic or topographic hazards, namely, floods, landslides, avalanches, a high water table, or inordinate soil erosion. In addition to compliance with the provisions of the building code governing topographic, structural, construction and design standards necessary to meet the maximum foreseeable risk of such hazards, persons developing, improving, managing or owning such property shall have the obligation and bear the burden of so developing and otherwise improving the property in such a manner that the property and the general public are safeguarded from unreasonable risk of harm or injury from such natural hazards to the satisfaction of the land use authority and the building official.

B. Board Of Health Approval: Prior to issuance of a building permit by the building official, approval of all uses, regardless of size or number of units, shall be given in writing by the Salt Lake Valley health department and Salt Lake City division of public utilities, or the respective successors thereof, who shall certify as to the adequacy of the culinary water system and the sewage system. The approval of all culinary water and sewage facilities shall be in accordance with the regulations of the Salt Lake Valley health department and Salt Lake City division of public utilities.

C. Sewage System: Site plan approvals or building permits shall not be issued until the complete sewage system design and specifications have been approved in writing by all appropriate governmental agencies with jurisdiction.

E. Grading: To reduce the possibility of erosion and eliminate unsightly scars on the mountain slopes, all excavation, grading and cut and fill operations shall be done under the strict control and approval of the building official. All areas disturbed by construction activities shall be revegetated and maintained in accordance with a plan submitted by the owner of the property as part of the application for a building permit and approved by the land use authority. No certificate of occupancy for any project shall be issued by the building official until all revegetation is complete.

G. Stream Regulations; Erosion Control: No building, structure, improvement or appurtenance shall be constructed, raised or established, the nearest point of which is within fifty feet (50') from the high water line of any Waterway or within the Top of Bank as determined by the building official. The approved site plan shall depict the Waterway and Top of Bank setbacks and also indicate the extent and specific design of the proposed method of control of erosion during and after construction activities. The complete, approved erosion control system shall be installed and approved by the building official prior to commencement of any construction activities on any site.

H. Rehabilitation Of Existing Landscape Scars: In conjunction with submission of plans and documents for building permit or conditional use approval, the applicant shall submit for approval a detailed program for rehabilitation of existing scars on the landscape, if any, caused by unused roads, mine dumps, excavation, construction or other causes. A bond, in an amount determined by the building official, covering such rehabilitation program shall be deposited with the town to ensure that rehabilitation will be completed. No certificate of occupancy shall be issued by the building official until all approved rehabilitation work is complete.

I. Utilities: All utilities shall be placed underground. (Ord. 2008-O-7, 6-12-2008; amd. Ord. 2014-O-5, 12-11-2014; amd. Ord. 2021-O-1, 3-10-2021)

10-6D-15: CONSTRUCTION DOCUMENTS APPROVAL:

In order to determine compliance with this article and to promote orderly and harmonious development of canyon areas, construction documents for all projects shall be approved by the building official prior to the issuance of any building permits. Applications for building permits shall be accompanied by plans, specifications and other documents with sufficient data and at a reasonable scale to describe all existing and proposed conditions, including, but not limited to, topography, grading, roads and walks, buildings, utilities, vegetation, exterior materials, color schedules, and other such information as may be required to ensure compliance with the provisions of this article. The building official may seek the recommendation of the land use authority prior to approval of any project. Applications may be approved as submitted, approved subject to conditions, or disapproved. (Ord. 2008-O-7, 6-12-2008; amd. Ord. 2014-O-5, 12-11-2014)

10-6E-1: OVERLAY ZONE MAP:

The Upper Albion Basin Protection Overlay Zone or "UABPOZ" applies to those certain parcels within the town of Alta shown on the Upper Albion Basin Protection Overlay Zone map on file at the Town of Alta. (Ord. 2021-O-1, 3-10-2021)

10-6E-2: PURPOSE:

The Upper Albion Basin is a unique, beautiful, and fragile alpine ecosystem that includes the headwaters of the Little Cottonwood Canyon watershed. The purpose of the Upper Albion Basin Protection Overlay Zone is to preserve and protect the scenic beauty and sensitive natural environment of Albion Basin, as well as the quality of the Little Cottonwood watershed. (Ord. 2021-O-1, 3-10-2021)

10-6E-3: EXISTING DWELLINGS:

As described in the Town of Alta General Plan, there are twenty-one existing single-family dwellings located in the Upper Albion Basin Protection Overlay Zone. They are unique, and the town supports their continued existence and maintenance in accordance with this chapter. (Ord. 2021-O-1, 3-10-2021)

10-6E-4: CROSS REFERENCES:

The following provisions apply to the UABPOZ:

10-1-6: Definitions (Net Developable Acreage);

10-6A-8: Wastewater System;

10-6A-9(G): Special Regulation;

10-8-1: Purpose;

10-8-4(A): Repairs, Alterations, Deterioration, and Demolition;

8-3-6(G): Private Wastewater Disposal; and

8-3-10(C): Sanitary Sewers, Building Sewers and Connections. (Ord. 2021-O-1, 3-10-2021)

Alta City Zoning Code

CHAPTER 6

ZONING DISTRICTS

10-6-1: ESTABLISHMENT OF ZONES:

For the purpose of this title, the town to which this title applies is divided into eight (8) zones and one (1) overlay zone as follows:

Forestry multi-family zone	FM-10
Forestry multi-family zone	FM-20
Base facilities zone	BF-10
Forestry and recreation zone	FR-0.5
Forestry and recreation zone	FR-1
Forestry and recreation zone	FR-20
Forestry and recreation zone	FR-50
Peruvian estates zone	PE-0.5
Upper Albion Basin Protection Overlay Zone	UABPOZ

(Ord., 6-8-1989; amd. Ord. 2021-O-1, 3-10-2021)

10-6-2: ZONING MAP:

10-6-3: ZONE BOUNDARIES:

10-6A-1: PURPOSE:

10-6A-2: PERMITTED USES:

All permitted uses are subject to sections 10-6A-4 through and including 10-6A-9 of this article.

Accessory uses and structures customarily incidental to a permitted use.

Single-family dwellings. (Ord., 6-8-1989)

10-6A-3: CONDITIONAL USES:

Accessory uses and structures customarily incidental to a conditional use.

Commercial and private recreation.

Living quarters for persons employed on the premises of any Main Use.

Offices incidental to Main Use.

Public Uses and Quasi-Public Uses.

Temporary structures. (Ord., 6-8-1989; amd. Ord. 90-O-5, 4-12-1990; Ord. 2021-O-1, 3-10-2021)

10-6A-3-1: PROHIBITED USES:

10-6A-4: LOT AREA, LOT WIDTH AND SLOPE REQUIREMENTS:

District	Minimum Lot Area (Net Developable Acreage)	Lot Width
FR-0.5	1/2 acre	100 feet
FR-1	1 acre	200 feet
FR-5	5 acres	300 feet
FR-20	20 acres	300 feet
FR-50	50 acres	300 feet
FR-100	100 acres	300 feet

The term "Net Developable Acreage", as used in this article, shall be deemed to be defined as set forth in section 10-1-6 of this title. (Ord., 6-8-1989)

10-6A-5: YARD REGULATIONS:

10-6A-6: HEIGHT REQUIREMENTS:

10-6A-7: MAXIMUM LOT COVERAGE:

Zone	Maximum Lot Coverage
FR-0.5	25 percent of the net developable acreage
FR-1	25 percent of the net developable acreage
FR-5	10 percent of the net developable acreage
FR-20	5 percent of the net developable acreage
FR-50	2 percent of the net developable acreage
FR-100	1 percent of the net developable acreage

B. The following areas shall not be counted as coverage: Areas that may have been graded but remain vegetated and open to the sky, such as ski trails or lawn areas;

C. The following areas shall be counted as coverage: Green or planted roofs shall be counted as coverage. (Ord., 6-8-1989; amd. Ord. 2021-O-1, 3-10-2021)

10-6A-8: WASTEWATER SYSTEM UABPOZ:

10-6A-9: SPECIAL REGULATIONS:

G. Stream Regulations:

J. Utilities: All utilities shall be placed underground. (Ord., 6-8-1989; amd. Ord. 2021-O-1, 3-10-2021)

10-6A-10: CONSTRUCTION DOCUMENTS APPROVAL:

10-6A-11: PETITIONS TO REZONE:

1. The full name and address of the petitioner.

2. A statement of all legal, contractual and equitable interest in the property as to which zoning amendment or change is sought, including the names and addresses of all such individuals.

3. A legal description by metes and bounds, or otherwise, of the property as to which zoning amendment or change is sought.

4. A statement as to the reasons and basis for the amendment or change to any zoning ordinance or land use classification.

6. A statement as to the availability of all utility services. (Ord., 6-8-1989)

B. Fees: At the time the petition is filed, the applicant shall also pay to the town clerk all required fees as set by resolution of the town council. (Ord., 6-8-1989; amd. 2010 Code)

10-6A-12: MECHANICAL SCREENING OF ROOFTOP ELEMENTS:

A. Rooftop Elements shall be set back at least five feet (5) from the edges of a structure.

B. All rooftop elements, except for flagpoles and windsocks, must be architecturally screened to:

1. Not detract from the natural environment of the canyon;

2. Not adversely affect the viewshed of neighbors or canyon visitors; and

3. Be harmonious with the base structure. (Ord. 2021-O-1, 3-10-2021)

10-6B-1: INTRODUCTION:

10-6B-2: PURPOSE:

The purpose of this article is to define additional permitted uses to those described in section 10-6A-2 of this chapter. (Ord., 6-8-1989)

10-6B-3: PERMITTED USES:

All permitted uses allowed under section 10-6A-2 of this chapter shall be allowed in this zone. In addition, the following uses are allowed:

Caretaker use, within the defined terms "caretaker" and "caretaker unit", set forth in section 10-1-6 of this title.

A. No food service, or catering of food or beer, or liquor service may be provided.

B. No maid, housekeeping or similar services may be provided.

C. No rental to groups other than a single "family", as defined in section 10-1-6 of this title, at any given time is allowed.

10-6C-1: PURPOSE:

10-6C-2: PERMITTED USES:

All permitted uses are subject to sections 10-6C-4 through and including 10-6C-10 of this article; and the following:

Accessory uses and structures customarily incidental to a permitted use.

"Nameplates" and "signs", as defined and limited in chapter 13 of this title.

Single-family dwellings. (Ord., 6-8-1989; amd. 2010 Code)

10-6C-3: CONDITIONAL USES:

All conditional uses are subject to sections 10-6C-4 through and including 10-6C-9 of this article; and the following:

Accessory uses and structures customarily incidental to a conditional use.

Apartment house, lodging house, hotel, time period unit and condominium project.

Class B beer outlet, package agency, state store.

Commercial and private recreation.

Dwelling group.

Living quarters for persons employed on the premises of any Main Use.

Multiple-family dwelling.

Offices incidental to the Main Use.

"Planned unit development", as defined in chapter 10 of this title.

Private nonprofit locker club.

Public and quasi-public uses.

Temporary structures. (Ord., 6-8-1989; amd. 2010 Code; Ord. 2021-O-1, 3-10-2021)

10-6C-4: LOT AREA, LOT WIDTH AND SLOPE REQUIREMENTS:

Construction of any building, structure or improvement shall not be permitted where any of the following conditions exist:

A. The lot area shall be less than one-half (1/2) acre in size; or

B. The property from which the said lot was subdivided shall have contained less than one "net developable acre", as defined in section 10-1-6 of this title; or

C. The slope exceeds thirty percent (30%); or

D. The width of the lot shall be less than one hundred feet (100').

Where exceptional and extraordinary conditions exist, resort may be made to the appeal authority pursuant to chapter 5 of this title. (Ord., 6-8-1989; amd. Ord. 2021-O-1, 3-10-2021)

10-6C-5: YARD REGULATIONS:

10-6C-6: HEIGHT REQUIREMENTS:

1. Natural setting.

2. Relationship with other structures and open spaces.

3. Contour intervals and topographic features.

4. Height, density and species of vegetation.

5. Scenic vistas and sight lines.

6. Other elements deemed appropriate to ensure that the provisions of section 10-6C-1 of this article are met.

10-6C-7: DENSITY REGULATIONS:

A. Maximum: The maximum density for residential dwelling units shall be as follows:

Zone	Maximum Density
FM-10	Up to 10 dwelling units or 20 guestrooms per net developable acre and contained in not more than 2 buildings
FM-20	Up to 20 dwelling units or 40 guestrooms per net developable acre and contained in not more than 2 buildings

B. The terms "dwelling unit", "guestroom", and "building" shall strictly comply with their definitions as set forth in section 10-1-6 of this title.

10-6C-8: MAXIMUM LOT COVERAGE:

B. The following areas shall not be counted as coverage: Areas that may have been graded but remain vegetated and open to the sky, such as ski trails or lawn areas; and

C. The following areas shall be counted as coverage: Green or planted roofs shall be counted as coverage. (Ord., 6-8-1989; amd. Ord. 2021-O-1, 3-10-2021)

10-6C-9: SPECIAL REGULATIONS:

J. Utilities: All utilities shall be placed underground.

K. Time Period Unit Project:

10-6C-10: CONSTRUCTION DOCUMENTS APPROVAL:

In order to determine compliance with this title and to promote orderly and harmonious development of canyon areas, construction documents for all projects shall be approved by the building official prior to the issuance of any building permits. Applications for building permit shall be accompanied by plans, specifications and other documents with sufficient data and at a reasonable scale to describe all existing and proposed conditions, including, but not limited to, topography, grading, roads and walks, buildings, utilities, vegetation, exterior materials, color schedules, and other such information as may be required to ensure compliance with the provisions of this title. The building official may seek the recommendation of the planning commission prior to approval of any protect. Applications may be approved as submitted, approved subject to conditions, or disapproved. Appeal of any decision of the building official may be made to the town council by filing a written notice of such affect with the town clerk within twenty (20) days of the date of the written notice of such determination. The town council shall thereupon promptly hear such appeal at the next regular meeting of the town council or at a special meeting, upon call of the mayor, and the matter shall be reviewed de novo. (Ord., 6-8-1989)

10-6C-11: PETITIONS TO REZONE:

1. The full name and address of the petitioner.

2. A statement of all legal, contractual and equitable interest in the property as to which zone amendment or change is sought, including the names and addresses of all such individuals.

3. A legal description by metes and bounds, or otherwise, of the property as to which zoning amendment or change is sought.

4. A statement as to the reasons and basis for the amendment or change to any zoning ordinance or land use classification.

6. A statement as to the availability of all utility services. (Ord., 6-8-1989)

B. Fees: At the time the petition is filed, the applicant shall also pay to the town clerk all required fees as set by resolution of the town council. (Ord., 6-8-1989; amd. 2010 Code)

10-6C-12: MECHANICAL SCREENING OF ROOFTOP ELEMENTS:

A. Rooftop Elements shall be set back at least five feet (5') from the edges of the structure.

B. All rooftop elements, except for flagpoles and windsocks, must be architecturally screened to:

1. Not detract from the natural environment of the canyon;

2. Not adversely affect the viewshed of neighbors or canyon visitors; and

3. Be harmonious with the base structure. (Ord. 2021-O-1, 3-10-2021)

10-6D-1: INTRODUCTION:

A. Zoning Map: The base facilities zone applies to those certain parcels within the Town of Alta shown on the zoning map as BF-10.

10-6D-2: PURPOSE:

10-6D-3: GUESTROOM DEFINED:

"Guestroom", for the purposes of this article, shall mean every six hundred (600) square feet of total floor area within a structure, and the remainder thereof. (Ord. 2008-O-7, 6-12-2008)

10-6D-4: PERMITTED, PROHIBITED USES:

A. Permitted uses:

1. Hotels.

2. Conferences.

4. Storage of materials accessory to permitted uses in subsections A1 and A2 of this section, provided all such storage is located within a structure.

5. Parking of motor vehicles accessory to other uses permitted herein.

6. Parks, open spaces and recreational uses.

7. Designated employee housing units, as described in section 10-6D-7 of this article.

B. Prohibited: All other uses are not permitted in the base facilities zone. (Ord. 2008-O-7, 6-12-2008; amd. Ord. 2021-O-1, 3-10-2021)

10-6D-5: DENSITY REGULATIONS:

10-6D-6: PARKING REQUIREMENTS:

B. Location: All parking spaces provided shall be located either on the site or at a location acceptable to the land use authority.

10-6D-7: EMPLOYEE HOUSING:

10-6D-8: LOT AREA, LOT WIDTH AND SLOPE REQUIREMENTS:

Construction of any building, structure or improvements shall not be permitted where any of the following conditions exist:

A. The lot area is less than one net developable acre in size; or

B. The slope exceeds thirty percent (30%); or

C. The width of the lot shall be less than one hundred feet (100'). (Ord. 2008-O-7, 6-12-2008)

10-6D-9: YARD REGULATIONS:

A. Relationship with other structures and open spaces.

B. View sheds from SR-210, neighboring properties and visitors to the area.

C. Topographical features.

D. Existing vegetation.

E. Natural waterways.

F. Snow removal and snow storage requirements.

G. Emergency and general access.

H. Other elements deemed appropriate to ensure that the purposes of this article are met. (Ord. 2014-O-5, 12-11-2014)

10-6D-10: HEIGHT REQUIREMENTS:

1. Natural setting.

2. View sheds from SR-210, neighboring properties and visitors to the area.

3. Topographical features.

4. Height, density and species of vegetation.

5. Other elements such as those mentioned above deemed appropriate to ensure that the purposes of this article are met. (Ord. 2014-O-5, 12-11-2014)

10-6D-11: MAXIMUM COVERAGE:

The following areas shall not be counted as coverage:

A. Areas that are (a) graded but not paved, (b) used for vehicle accessor walkways, and (c) not maintained or have snow removed during the winter months (November 1 to May 1).

B. Areas that may have been graded but remain vegetated and open to the sky, such as ski trails or areas revegetated with native species.

C. The following areas shall be counted as coverage: Green or planted roofs shall count as coverage. (Ord. 2014-O-5, 12-11-2014; amd. Ord. 2021-O-1, 3-10-2021)

10-6D-12: STEP BACK (BUILDING):

10-6D-13: MECHANICAL SCREENING:

A. Rooftop elements shall be setback at least five feet (5') from the edge of the structure and fifteen feet (15') from the north or south building facades.

B. All rooftop elements, except for flagpoles and windsocks, must be architecturally screened to:

1. Not detract from the natural environment of the canyon;

2. Not adversely affect views from neighbors or canyon visitors; and

3. Be harmonious with the base structure. (Ord. 2014-O-5, 12-11-2014; amd. Ord. 2021-O-1, 3-10-2021)

10-6D-14: SPECIAL REGULATIONS:

A. Natural Hazards: Construction of permanent or temporary structures shall not be permitted, erected, established or performed in such a manner as to place real and personal property and individuals at unreasonable risk of harm or injury from natural, geographic or topographic hazards, namely, floods, landslides, avalanches, a high water table, or inordinate soil erosion. In addition to compliance with the provisions of the building code governing topographic, structural, construction and design standards necessary to meet the maximum foreseeable risk of such hazards, persons developing, improving, managing or owning such property shall have the obligation and bear the burden of so developing and otherwise improving the property in such a manner that the property and the general public are safeguarded from unreasonable risk of harm or injury from such natural hazards to the satisfaction of the land use authority and the building official.

E. Grading: To reduce the possibility of erosion and eliminate unsightly scars on the mountain slopes, all excavation, grading and cut and fill operations shall be done under the strict control and approval of the building official. All areas disturbed by construction activities shall be revegetated and maintained in accordance with a plan submitted by the owner of the property as part of the application for a building permit and approved by the land use authority. No certificate of occupancy for any project shall be issued by the building official until all revegetation is complete.

H. Rehabilitation Of Existing Landscape Scars: In conjunction with submission of plans and documents for building permit or conditional use approval, the applicant shall submit for approval a detailed program for rehabilitation of existing scars on the landscape, if any, caused by unused roads, mine dumps, excavation, construction or other causes. A bond, in an amount determined by the building official, covering such rehabilitation program shall be deposited with the town to ensure that rehabilitation will be completed. No certificate of occupancy shall be issued by the building official until all approved rehabilitation work is complete.

I. Utilities: All utilities shall be placed underground. (Ord. 2008-O-7, 6-12-2008; amd. Ord. 2014-O-5, 12-11-2014; amd. Ord. 2021-O-1, 3-10-2021)

10-6D-15: CONSTRUCTION DOCUMENTS APPROVAL:

10-6E-1: OVERLAY ZONE MAP:

10-6E-2: PURPOSE:

10-6E-3: EXISTING DWELLINGS:

10-6E-4: CROSS REFERENCES:

The following provisions apply to the UABPOZ:

10-1-6: Definitions (Net Developable Acreage);

10-6A-8: Wastewater System;

10-6A-9(G): Special Regulation;

10-8-1: Purpose;

10-8-4(A): Repairs, Alterations, Deterioration, and Demolition;

8-3-6(G): Private Wastewater Disposal; and

8-3-10(C): Sanitary Sewers, Building Sewers and Connections. (Ord. 2021-O-1, 3-10-2021)

Alta City Zoning Code

CHAPTER 6

ZONING DISTRICTS

10-6-1: ESTABLISHMENT OF ZONES:

For the purpose of this title, the town to which this title applies is divided into eight (8) zones and one (1) overlay zone as follows:

Forestry multi-family zone	FM-10
Forestry multi-family zone	FM-20
Base facilities zone	BF-10
Forestry and recreation zone	FR-0.5
Forestry and recreation zone	FR-1
Forestry and recreation zone	FR-20
Forestry and recreation zone	FR-50
Peruvian estates zone	PE-0.5
Upper Albion Basin Protection Overlay Zone	UABPOZ

(Ord., 6-8-1989; amd. Ord. 2021-O-1, 3-10-2021)

10-6-2: ZONING MAP:

10-6-3: ZONE BOUNDARIES:

10-6A-1: PURPOSE:

10-6A-2: PERMITTED USES:

All permitted uses are subject to sections 10-6A-4 through and including 10-6A-9 of this article.

Accessory uses and structures customarily incidental to a permitted use.

Single-family dwellings. (Ord., 6-8-1989)

10-6A-3: CONDITIONAL USES:

Accessory uses and structures customarily incidental to a conditional use.

Commercial and private recreation.

Living quarters for persons employed on the premises of any Main Use.

Offices incidental to Main Use.

Public Uses and Quasi-Public Uses.

Temporary structures. (Ord., 6-8-1989; amd. Ord. 90-O-5, 4-12-1990; Ord. 2021-O-1, 3-10-2021)

10-6A-3-1: PROHIBITED USES:

10-6A-4: LOT AREA, LOT WIDTH AND SLOPE REQUIREMENTS:

District	Minimum Lot Area (Net Developable Acreage)	Lot Width
FR-0.5	1/2 acre	100 feet
FR-1	1 acre	200 feet
FR-5	5 acres	300 feet
FR-20	20 acres	300 feet
FR-50	50 acres	300 feet
FR-100	100 acres	300 feet

The term "Net Developable Acreage", as used in this article, shall be deemed to be defined as set forth in section 10-1-6 of this title. (Ord., 6-8-1989)

10-6A-5: YARD REGULATIONS:

10-6A-6: HEIGHT REQUIREMENTS:

10-6A-7: MAXIMUM LOT COVERAGE:

Zone	Maximum Lot Coverage
FR-0.5	25 percent of the net developable acreage
FR-1	25 percent of the net developable acreage
FR-5	10 percent of the net developable acreage
FR-20	5 percent of the net developable acreage
FR-50	2 percent of the net developable acreage
FR-100	1 percent of the net developable acreage

B. The following areas shall not be counted as coverage: Areas that may have been graded but remain vegetated and open to the sky, such as ski trails or lawn areas;

C. The following areas shall be counted as coverage: Green or planted roofs shall be counted as coverage. (Ord., 6-8-1989; amd. Ord. 2021-O-1, 3-10-2021)

10-6A-8: WASTEWATER SYSTEM UABPOZ:

10-6A-9: SPECIAL REGULATIONS:

G. Stream Regulations:

J. Utilities: All utilities shall be placed underground. (Ord., 6-8-1989; amd. Ord. 2021-O-1, 3-10-2021)

10-6A-10: CONSTRUCTION DOCUMENTS APPROVAL:

10-6A-11: PETITIONS TO REZONE:

1. The full name and address of the petitioner.

2. A statement of all legal, contractual and equitable interest in the property as to which zoning amendment or change is sought, including the names and addresses of all such individuals.

3. A legal description by metes and bounds, or otherwise, of the property as to which zoning amendment or change is sought.

4. A statement as to the reasons and basis for the amendment or change to any zoning ordinance or land use classification.

6. A statement as to the availability of all utility services. (Ord., 6-8-1989)

B. Fees: At the time the petition is filed, the applicant shall also pay to the town clerk all required fees as set by resolution of the town council. (Ord., 6-8-1989; amd. 2010 Code)

10-6A-12: MECHANICAL SCREENING OF ROOFTOP ELEMENTS:

A. Rooftop Elements shall be set back at least five feet (5) from the edges of a structure.

B. All rooftop elements, except for flagpoles and windsocks, must be architecturally screened to:

1. Not detract from the natural environment of the canyon;

2. Not adversely affect the viewshed of neighbors or canyon visitors; and

3. Be harmonious with the base structure. (Ord. 2021-O-1, 3-10-2021)

10-6B-1: INTRODUCTION:

10-6B-2: PURPOSE:

The purpose of this article is to define additional permitted uses to those described in section 10-6A-2 of this chapter. (Ord., 6-8-1989)

10-6B-3: PERMITTED USES:

All permitted uses allowed under section 10-6A-2 of this chapter shall be allowed in this zone. In addition, the following uses are allowed:

Caretaker use, within the defined terms "caretaker" and "caretaker unit", set forth in section 10-1-6 of this title.

A. No food service, or catering of food or beer, or liquor service may be provided.

B. No maid, housekeeping or similar services may be provided.

C. No rental to groups other than a single "family", as defined in section 10-1-6 of this title, at any given time is allowed.

10-6C-1: PURPOSE:

10-6C-2: PERMITTED USES:

All permitted uses are subject to sections 10-6C-4 through and including 10-6C-10 of this article; and the following:

Accessory uses and structures customarily incidental to a permitted use.

"Nameplates" and "signs", as defined and limited in chapter 13 of this title.

Single-family dwellings. (Ord., 6-8-1989; amd. 2010 Code)

10-6C-3: CONDITIONAL USES:

All conditional uses are subject to sections 10-6C-4 through and including 10-6C-9 of this article; and the following:

Accessory uses and structures customarily incidental to a conditional use.

Apartment house, lodging house, hotel, time period unit and condominium project.

Class B beer outlet, package agency, state store.

Commercial and private recreation.

Dwelling group.

Living quarters for persons employed on the premises of any Main Use.

Multiple-family dwelling.

Offices incidental to the Main Use.

"Planned unit development", as defined in chapter 10 of this title.

Private nonprofit locker club.

Public and quasi-public uses.

Temporary structures. (Ord., 6-8-1989; amd. 2010 Code; Ord. 2021-O-1, 3-10-2021)

10-6C-4: LOT AREA, LOT WIDTH AND SLOPE REQUIREMENTS:

Construction of any building, structure or improvement shall not be permitted where any of the following conditions exist:

A. The lot area shall be less than one-half (1/2) acre in size; or

B. The property from which the said lot was subdivided shall have contained less than one "net developable acre", as defined in section 10-1-6 of this title; or

C. The slope exceeds thirty percent (30%); or

D. The width of the lot shall be less than one hundred feet (100').

Where exceptional and extraordinary conditions exist, resort may be made to the appeal authority pursuant to chapter 5 of this title. (Ord., 6-8-1989; amd. Ord. 2021-O-1, 3-10-2021)

10-6C-5: YARD REGULATIONS:

10-6C-6: HEIGHT REQUIREMENTS:

1. Natural setting.

2. Relationship with other structures and open spaces.

3. Contour intervals and topographic features.

4. Height, density and species of vegetation.

5. Scenic vistas and sight lines.

6. Other elements deemed appropriate to ensure that the provisions of section 10-6C-1 of this article are met.

10-6C-7: DENSITY REGULATIONS:

A. Maximum: The maximum density for residential dwelling units shall be as follows:

Zone	Maximum Density
FM-10	Up to 10 dwelling units or 20 guestrooms per net developable acre and contained in not more than 2 buildings
FM-20	Up to 20 dwelling units or 40 guestrooms per net developable acre and contained in not more than 2 buildings

B. The terms "dwelling unit", "guestroom", and "building" shall strictly comply with their definitions as set forth in section 10-1-6 of this title.

10-6C-8: MAXIMUM LOT COVERAGE:

B. The following areas shall not be counted as coverage: Areas that may have been graded but remain vegetated and open to the sky, such as ski trails or lawn areas; and

C. The following areas shall be counted as coverage: Green or planted roofs shall be counted as coverage. (Ord., 6-8-1989; amd. Ord. 2021-O-1, 3-10-2021)

10-6C-9: SPECIAL REGULATIONS:

J. Utilities: All utilities shall be placed underground.

K. Time Period Unit Project:

10-6C-10: CONSTRUCTION DOCUMENTS APPROVAL:

In order to determine compliance with this title and to promote orderly and harmonious development of canyon areas, construction documents for all projects shall be approved by the building official prior to the issuance of any building permits. Applications for building permit shall be accompanied by plans, specifications and other documents with sufficient data and at a reasonable scale to describe all existing and proposed conditions, including, but not limited to, topography, grading, roads and walks, buildings, utilities, vegetation, exterior materials, color schedules, and other such information as may be required to ensure compliance with the provisions of this title. The building official may seek the recommendation of the planning commission prior to approval of any protect. Applications may be approved as submitted, approved subject to conditions, or disapproved. Appeal of any decision of the building official may be made to the town council by filing a written notice of such affect with the town clerk within twenty (20) days of the date of the written notice of such determination. The town council shall thereupon promptly hear such appeal at the next regular meeting of the town council or at a special meeting, upon call of the mayor, and the matter shall be reviewed de novo. (Ord., 6-8-1989)

10-6C-11: PETITIONS TO REZONE:

1. The full name and address of the petitioner.

2. A statement of all legal, contractual and equitable interest in the property as to which zone amendment or change is sought, including the names and addresses of all such individuals.

3. A legal description by metes and bounds, or otherwise, of the property as to which zoning amendment or change is sought.

4. A statement as to the reasons and basis for the amendment or change to any zoning ordinance or land use classification.

6. A statement as to the availability of all utility services. (Ord., 6-8-1989)

B. Fees: At the time the petition is filed, the applicant shall also pay to the town clerk all required fees as set by resolution of the town council. (Ord., 6-8-1989; amd. 2010 Code)

10-6C-12: MECHANICAL SCREENING OF ROOFTOP ELEMENTS:

A. Rooftop Elements shall be set back at least five feet (5') from the edges of the structure.

B. All rooftop elements, except for flagpoles and windsocks, must be architecturally screened to:

1. Not detract from the natural environment of the canyon;

2. Not adversely affect the viewshed of neighbors or canyon visitors; and

3. Be harmonious with the base structure. (Ord. 2021-O-1, 3-10-2021)

10-6D-1: INTRODUCTION:

A. Zoning Map: The base facilities zone applies to those certain parcels within the Town of Alta shown on the zoning map as BF-10.

10-6D-2: PURPOSE:

10-6D-3: GUESTROOM DEFINED:

"Guestroom", for the purposes of this article, shall mean every six hundred (600) square feet of total floor area within a structure, and the remainder thereof. (Ord. 2008-O-7, 6-12-2008)

10-6D-4: PERMITTED, PROHIBITED USES:

A. Permitted uses:

1. Hotels.

2. Conferences.

4. Storage of materials accessory to permitted uses in subsections A1 and A2 of this section, provided all such storage is located within a structure.

5. Parking of motor vehicles accessory to other uses permitted herein.

6. Parks, open spaces and recreational uses.

7. Designated employee housing units, as described in section 10-6D-7 of this article.

B. Prohibited: All other uses are not permitted in the base facilities zone. (Ord. 2008-O-7, 6-12-2008; amd. Ord. 2021-O-1, 3-10-2021)

10-6D-5: DENSITY REGULATIONS:

10-6D-6: PARKING REQUIREMENTS:

B. Location: All parking spaces provided shall be located either on the site or at a location acceptable to the land use authority.

10-6D-7: EMPLOYEE HOUSING:

10-6D-8: LOT AREA, LOT WIDTH AND SLOPE REQUIREMENTS:

Construction of any building, structure or improvements shall not be permitted where any of the following conditions exist:

A. The lot area is less than one net developable acre in size; or

B. The slope exceeds thirty percent (30%); or

C. The width of the lot shall be less than one hundred feet (100'). (Ord. 2008-O-7, 6-12-2008)

10-6D-9: YARD REGULATIONS:

A. Relationship with other structures and open spaces.

B. View sheds from SR-210, neighboring properties and visitors to the area.

C. Topographical features.

D. Existing vegetation.

E. Natural waterways.

F. Snow removal and snow storage requirements.

G. Emergency and general access.

H. Other elements deemed appropriate to ensure that the purposes of this article are met. (Ord. 2014-O-5, 12-11-2014)

10-6D-10: HEIGHT REQUIREMENTS:

1. Natural setting.

2. View sheds from SR-210, neighboring properties and visitors to the area.

3. Topographical features.

4. Height, density and species of vegetation.

5. Other elements such as those mentioned above deemed appropriate to ensure that the purposes of this article are met. (Ord. 2014-O-5, 12-11-2014)

10-6D-11: MAXIMUM COVERAGE:

The following areas shall not be counted as coverage:

A. Areas that are (a) graded but not paved, (b) used for vehicle accessor walkways, and (c) not maintained or have snow removed during the winter months (November 1 to May 1).

B. Areas that may have been graded but remain vegetated and open to the sky, such as ski trails or areas revegetated with native species.

C. The following areas shall be counted as coverage: Green or planted roofs shall count as coverage. (Ord. 2014-O-5, 12-11-2014; amd. Ord. 2021-O-1, 3-10-2021)

10-6D-12: STEP BACK (BUILDING):

10-6D-13: MECHANICAL SCREENING:

A. Rooftop elements shall be setback at least five feet (5') from the edge of the structure and fifteen feet (15') from the north or south building facades.

B. All rooftop elements, except for flagpoles and windsocks, must be architecturally screened to:

1. Not detract from the natural environment of the canyon;

2. Not adversely affect views from neighbors or canyon visitors; and

3. Be harmonious with the base structure. (Ord. 2014-O-5, 12-11-2014; amd. Ord. 2021-O-1, 3-10-2021)

10-6D-14: SPECIAL REGULATIONS:

A. Natural Hazards: Construction of permanent or temporary structures shall not be permitted, erected, established or performed in such a manner as to place real and personal property and individuals at unreasonable risk of harm or injury from natural, geographic or topographic hazards, namely, floods, landslides, avalanches, a high water table, or inordinate soil erosion. In addition to compliance with the provisions of the building code governing topographic, structural, construction and design standards necessary to meet the maximum foreseeable risk of such hazards, persons developing, improving, managing or owning such property shall have the obligation and bear the burden of so developing and otherwise improving the property in such a manner that the property and the general public are safeguarded from unreasonable risk of harm or injury from such natural hazards to the satisfaction of the land use authority and the building official.

E. Grading: To reduce the possibility of erosion and eliminate unsightly scars on the mountain slopes, all excavation, grading and cut and fill operations shall be done under the strict control and approval of the building official. All areas disturbed by construction activities shall be revegetated and maintained in accordance with a plan submitted by the owner of the property as part of the application for a building permit and approved by the land use authority. No certificate of occupancy for any project shall be issued by the building official until all revegetation is complete.

H. Rehabilitation Of Existing Landscape Scars: In conjunction with submission of plans and documents for building permit or conditional use approval, the applicant shall submit for approval a detailed program for rehabilitation of existing scars on the landscape, if any, caused by unused roads, mine dumps, excavation, construction or other causes. A bond, in an amount determined by the building official, covering such rehabilitation program shall be deposited with the town to ensure that rehabilitation will be completed. No certificate of occupancy shall be issued by the building official until all approved rehabilitation work is complete.

I. Utilities: All utilities shall be placed underground. (Ord. 2008-O-7, 6-12-2008; amd. Ord. 2014-O-5, 12-11-2014; amd. Ord. 2021-O-1, 3-10-2021)

10-6D-15: CONSTRUCTION DOCUMENTS APPROVAL:

10-6E-1: OVERLAY ZONE MAP:

10-6E-2: PURPOSE:

10-6E-3: EXISTING DWELLINGS:

10-6E-4: CROSS REFERENCES:

The following provisions apply to the UABPOZ:

10-1-6: Definitions (Net Developable Acreage);

10-6A-8: Wastewater System;

10-6A-9(G): Special Regulation;

10-8-1: Purpose;

10-8-4(A): Repairs, Alterations, Deterioration, and Demolition;

8-3-6(G): Private Wastewater Disposal; and

8-3-10(C): Sanitary Sewers, Building Sewers and Connections. (Ord. 2021-O-1, 3-10-2021)