The purpose of development standards is to protect the general health, safety and welfare of the citizens and property owners within the City. Compliance with all provisions of this ordinance will be required for the issuance of any required development approval, license or permit. All work and materials completed or installed within the City will comply with all provisions of the Construction Standard Specifications and Plans as adopted by the City. (APWA Standard Specifications and Plans, latest addition).

1. All Uses, Buildings and Structures to Comply with Ballard City Zoning District Requirements. Every building or structure erected, reconstructed, structurally altered, enlarged or moved, and every building, structure, premises or land used, rearranged, designed or intended for any use will be built or used only as permitted in the district in which the building, structure, land or use is located. All uses allowed will either be classified as a permitted, conditional, prohibited or temporary use, as identified in the Table of Uses. All uses of land and other activities not specifically allowed as a permitted, conditional or temporary use as identified in the Table of Usesare deemed prohibited. All uses, buildings and structures must comply with the intensity, bulk requirements, site coverage standards and other requirements for uses identified in their respective zones. Nothing in this ordinance requiring minimum lot area or lot width will be construed to prevent the use of a single-family dwelling on any lot or parcel of land, provided that the lot or parcel of land is located in a zoning district that permits single-family dwellings and was a legally divided lot that existed at the time the lot area and lot width requirements became effective by adoption of this ordinance, and provided further that all proposed construction can qualify for the issuance of a building permit as required by other provisions of this ordinance and the City’s building codes. Additional requirements are set forth in 15.06.
2. Required Yard Areas for One (1) Building Only. No required yard or setback area for any building or lot required for the purpose of complying with the requirements of this ordinance will be considered as providing the required yard or setback for any other building or lot. Every dwelling, nonresidential building and all associated accessory structures will be on a deeded lot.
3. Required Yards to be unobstructed - Exceptions. All yard areas are required to be open to the sky and unobstructed except for permitted and approved accessory buildings and for projection of sills, cornices, and other ornamental features and unenclosed steps and unwalled stoops and porches, given that all buildings or parts comply with the required yard requirements of the District in which they are located. Underground structures, such as swimming pools, storage tanks, etc., may be located in a required yard area, given that the structures are not located closer than fifteen (15) feet to any property line. Walls and fences must comply with the requirements of this ordinance, the City's building codes,Codescodes or the conditions of development approval.
4. Maximum Lot Coverage of Accessory Buildings
   1. No accessory building will be located within any required front yard setback.
   2. No accessory building(s) will cover more than twenty (20%) percent of the required rear or side yards.
5. Construction in Critical Areas Prohibited. No building or structure (except for a required public utility and necessary roads) will be constructed on areas determined to be critical areas as identified, including:
   1. areas of steep slope of 30% grade or greater, and
   2. jurisdictional wetlands as identified by the U.S. Army Corps of Engineers.

No parcel or lot which does not conform to thethe City's Zoning District requirements in which it is located may be created for the purpose, whether immediate or future, of any building, use or development allowed by this ordinance. Additional requirements are set forth in Title of BMC14.04.

No area needed to meet the lot width, yard, area, setback, coverage, parking or other requirements of this ordinance for a lot or building may be sold or leased separate from such lot or building. Additional requirements are set forth in BMC 15.06 and Title 14.04 of BMC.

Every dwelling or building must be on a "lot" as defined in this ordinance. Every dwelling or each nonresidential structure must face or front on a road or other approved access. The setbacks as established in BMC 15.06 will apply to each property within each zone of the City.

Every lot must have frontage on a dedicated or public road or street, or right- of-way providing access to a dedicated or public road or street or to a City approved private right-of-way. Additional requirements are set forth in BMC 15.06.

Fences, walls and hedges will be allowed in side and rear yards except for corner lots. A see through fence along frontage roads shall be allowed in the front yard area of any property (the area between the building and the street or road right-of-way). Additional requirements are set forth in BMC 15.06.

In all zoning districts, no obstruction to view in excess of two (2) feet in height may be placed on any corner lot within a triangular area formed by the street property lines and a line connecting them at points forty (40) feet from the intersection of the street lines except a reasonable number of trees pruned to permit unobstructed vision to automobile drivers and pumps at gasoline service stations. In no case will these requirements replace the requirements as set forth in the City's Construction Standard Specifications and Plans.

A yard extending across the front width of a lot and being the minimum horizontal distance between the back of the sidewalk, or if there is no sidewalk the curb, or if no curb exists the edge of the street and the principal building or any projection other than steps, unenclosed balconies and unenclosed porches. The front yard of a corner lot is the yard adjacent to the designated front lot line. The setbacks as established in BMC 15.06 will apply to each property within each zone of the City.

Every part of the required side or rear yard must be open and unobstructed except for accessory buildings as permitted by this ordinance and the ordinary projection of window sills, cornices and other ornamental features projecting not more than twelve (12) inches. The setbacks as established in BMC 15.06 will apply to each property within each zone of the City. Open or lattice-enclosed fire escapes, fireproof outside stairways, balconies opening upon fire towers and ordinary projections of chimneys and flues may be allowed by the City to project into a required yard area up to a maximum distance of three (3) feet.

Roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, steeples, flagpoles, chimneys, water tanks, wireless or television masts, or similar structures may be erected above the height limits of thirty-five (35) feet as prescribed, but no space above the height limit will be allowed for the purpose of providing additional floor space. Public buildings may exceed the maximum height allowed in the zoning districts in which they are located provided approval is granted following the Conditional Use procedures contained in this ordinance. Additional requirements are set forth in BMC 15.06.

No building, which is accessory to a residential structure, will be erected to a height greater than one (1) story or thirty-five (35) feet or as otherwise specified in BMC 15.06.

As required by this section, all applications for development approval or building permits will be accompanied by the appropriate permits or letters of approval from the culinary water authority (Ballard Water and Sewer Improvement District) or the Utah Department of Environmental Quality, as applicable, prior to approval by The City.

1. Water Requirements. In all cases where a proposed building or proposed use will require culinary water (drinking water) and the proposed building or proposed use will not be connected to an existing public water supply, approval for the new culinary water system must be obtained from the Tri-County Health Department or the Utah Department of Environmental Quality, as applicable. For any building or use with more than fourteen (14) culinary water connections, or where twenty-five (25) or more people will be served sixty (60) or more days a year, approval of the culinary water system must be obtained from the Utah Department of Environmental Quality. For any building or use with fewer than fourteen (14) culinary water connections, or where fewer than twenty-five (25) people will be served, or where twenty-five (25) or more people will be served fewer than sixty (60) days a year, approval of the culinary water system must be obtained from the Tri-County Health Department.
2. Sewage Requirements. Connection to a State-approved sewer system is required if sewer lines are within one thousand three hundred twenty (1,320) feet of any part of the property proposed for a major subdivision development. Properties proposed for residential development within three hundred (300) feet of the main sewer line are required to hook onto the main sewer. Connection to a State-approved sewer system is required if sewer lines are within three hundred (300) feet of any part of the property proposed for a minor subdivision development. An additional one hundred fifty (150) feet per lot will be added to the sewer requirements for each additional lot proposed beyond the first lot. In all cases where a proposed building or proposed use will generate wastewater, and the proposed building or proposed use will not be connected to an existing sewer, approval for wastewater disposal will be obtained from the Tri-County Health Department or the Utah Department of Environmental Quality, as applicable. For any building or use where an individual wastewater disposal system (septic system) is proposed, of less than five thousand (5,000) gallons of wastewater flow per day, approval must be obtained from the Tri-County Health Department. For any building or use where a large wastewater disposal system is proposed with greater than or equal to five thousand (5,000) gallons of wastewater flow per day, approval will be obtained from the Utah Department of Environmental Quality.

Wherever a required front yard faces on a road or street for which an official map has been recorded in the office of the Uintah County Recorder, the depth of the front yard will be measured from the mapped street line/property line provided by the official map.

Concessions, including but not limited to amusement devices, recreational buildings, caretakers' dwellings and refreshment stands will be permitted to be situated on a public park or playground when approved by the City Council, provided it can be shown that the concession use is in the interest of the public and is in harmony with the objectives and purposes of this ordinance and the characteristics of the Zoning District in which it is located. All concessions providing the sale or serving of food and beverage must comply with the Department of Health Food Service Rules and must obtain a food service permit from the Tri-County Health Department.

Notwithstanding any other regulation of this ordinance, all buildings abutting a highway having a state or federal designation (except non-access highways), will be set back at least fifty (50) feet from the highway right-of-way line.

All landfills and transfer stations shall be maintained in accordance with the standards of the State Department of Environmental Quality. Transfer stations will be in compliance with Utah Administrative Code R315-313-2. Landfills will be in compliance with Utah Administrative Code R315-302-1.

Any use that emits or is likely to emit noise, smoke, dust, odor or vibration in amounts sufficient to substantially depreciate values of surrounding buildings or lands or which substantially deprives the owners of adjoining property of the use of their lands will be prohibited. The City has adopted a Noise and Nuisance Ordinance and all provisions of it will apply.

All property owners must comply with the requirements of the Ballard City Noxious Weed Ordinance and the "Utah Noxious Weeds Act," Title 4, Chapter 17, Utah Code Annotated, 1953, as amended. Should the terms of the section be repealed, amended or modified, property owners must comply with any successive State regulation of noxious weeds.

Unless permitted as a use allowed by the zoning districts as defined in BMC 15.06 of this title, the location or storage of travel trailers, travel trailer parks and campgrounds and the location or storage of recreational vehicles, boats, camping trailers and truck campers will be subject to the following:

1. Placement of Travel Trailers, Tents, Recreational Coaches, Etc. Travel trailers, tents, or recreational coaches will not be used at any place in the City, at any time, for permanent living quarters, except travel trailer parks as a conditional use in A-1 zone and C2 zones, limited camping areas or recreational vehicle parks. Dwelling or sleeping in any parked recreational vehicle on private property within the City and used exclusively by the owner or guest, is allowed as a temporary use not to exceed seven (7) days, provided they do not violate setbacks and health code requirements. All extenuating circumstances are subject to approval from City Council. Travel trailers, tents, or recreational coaches which include tents, will not be used at any place in the City, at any time for the purpose of a storage facility. It will be unlawful to place a mobile home / travel trailer, on any lot or parcel of land in the City of Ballard and use the same for human habitation except in compliance with one of the following conditions:
   1. When temporarily (not to exceed one year) located on a lot for which a building permit has been issued and a building is being constructed. The travel trailer must be connected to approved water and sewer facilities; or
2. Violation. If at any time a recreational vehicle or recreational vehicle park is found to be violating any of the provision of this ordinance or other pertinent ordinances of the City or the laws of the state of Utah, any duly constituted officer or agent of any department of the charged with the duty to inspect such recreational vehicle or recreational vehicle park or maintain order therein, will notify the licensee of such recreational vehicle or recreational vehicle park of such condition. If the violation is not corrected to the satisfaction of the department complaining, within a reasonable time after notification, not exceeding 30 days, the license for such recreational vehicle or recreational vehicle park may be revoked by the City Council on the recommendation of the department making the complaint.

It will be unlawful to park, store or leave or permit the parking, storing, or leaving of any licensed or unlicensed motor vehicle of any kind or part(s) thereof which is in a wrecked, junked, partially dismantled, inoperative, or abandoned condition, whether attended or not, upon any private property within theCity for a period of time in excess of one (1) week, except that five (5) or fewer vehicles or parts may be stored if within a building, or placed behind an opaque screening fence; and except that said vehicles and parts may be within a junk yard lawfully established pursuant to the provisions of this ordinance. For the purposes of this ordinance, any vehicle that is not currently licensed and insured to the minimum levels established by State law will be considered inoperable. The accumulation and storage of more than six (6) such vehicles or part(s), as defined above, on private property except as set forth above will constitute a nuisance, detrimental to the health, safety, and welfare of the inhabitants of the City. It will be the duty of the owner of such vehicle or part(s) or lessee or other person in possession of private property upon which such vehicle or part(s) is located, to remove the same from such property or take other remedial action as directed by the City Council. For the purpose of this ordinance, pre-existing storage of unlicensed or inoperative vehicles and junk yards have until July 1, 2009 to conform. No additional time or variance will be allowed for conformance. No provision of this chapter will replace any provision of the City's Garbage and Refuse Ordinance.