Boulder City Zoning Code

GENERAL AND

SUPPLEMENTARY DEVELOPMENT STANDARDS

§ 153.185 ESTABLISHMENT OF DEVELOPMENT STANDARDS.

(A) The purpose of general and supplementary property development standards is to protect the general health, safety and welfare of the citizens and property owners of the town and to implement the Town General Plan.

(B) Compliance with all general and supplementary standards as well as all other requirements of this chapter and all other applicable requirements of other town ordinances shall be required for the issuance of any required development approval, license or permit.

(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 1001)

§ 153.186 GENERAL REQUIREMENTS.

(A) All uses, buildings and structures to comply with zoning district requirements. Every building or structure hereafter erected, reconstructed, structurally altered, enlarged or moved and every building, structure, premises or land used, rearranged, designed or intended for any use shall be built or used only as allowed by the zoning district in which such building, structure, land or use is located.

(B) Allowed uses. All uses allowed within the town, either as a permitted, conditional or temporary use, are identified in the Table of Uses.

(C) Prohibited uses. All uses of land and other activities not specifically allowed as a permitted, conditional or temporary use as identified in the Table of Uses are prohibited uses and are uses not allowed in the town.

(D) Allowed minimum use of legal lots. Nothing in this chapter shall be construed to prevent the use for one single-family dwelling on any legally created lot or parcel of land; provided that, such lot or parcel of land is located in a zoning district which permits single-family dwellings, and was a legal lot that at the time of adoption of this chapter and provided further that all proposed construction can qualify for the issuance of a building permit as required by the International Building Code (IBC).

(E) Subdivision and sale of property. No person shall subdivide any parcel of land located wholly or in part within the town for development purposes unless the parcel was legally created as required by Ch. 152 of this code of ordinances and all other applicable laws and requirements of the state.

(F) Lots in two or more districts. Where a lot of record at the time of passage of this chapter or any amendments thereto falls into two or more districts, the more restrictive zoning district provisions shall apply.

(G) Required yard areas for one building only. No required yard or setback area for any building or lot required for the purpose of complying with the provisions of this chapter shall be considered as providing the required yard or setback for any other building or lot.

(H) Every dwelling. Non-residential building and all other structures to be on a lot. All buildings and structures shall be located and maintained on a recorded lot.

(I) Required yards to be unobstructed; exceptions.

(1) 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 and other ornamental features and unenclosed steps and unwalled stoops, and porches; provided that, all buildings or parts thereof comply with the setback requirements of the zoning district in which they are located.

(2) Walls and fences complying with the requirements of this chapter or meet the conditions of a development approval.

(J) Construction in sensitive areas prohibited.

(1) No building or structure, except for a required public utility, shall be constructed on areas determined to be sensitive.

(2) For the purposes of this chapter, SENSITIVE AREAS are defined and identified as:

(a) Areas of slope with an average 30% grade or greater;

(b) Flood channels as identified by a federal or state agency; and

(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 1002)

§ 153.187 NON-CONFORMING LOTS PROHIBITED.

No lot which does not conform to the zoning district requirements in which it is located shall be created for the purpose, whether immediate or future, for any building, use or development allowed by this chapter.

(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 1003)

§ 153.188 SALE OR LEASE OF REQUIRED SPACE PROHIBITED.

No area needed to meet the lot width, area, setback or other requirements of this chapter for a lot or building may be sold or leased separate from such lot or building.

(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 1004)

§ 153.190 ACCESS REQUIRED.

Every lot shall have frontage upon a public road or street, or have access to a private street or driveway that is on a recorded easement and that leads to a public road or street. The preliminary subdivision plat and other application materials shall show the proposed public street, private street, and private driveway and easement layout.

(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 1006; Ord. 2022-1, passed 6-2-2022)

§ 153.191 FENCES AND WALLS.

Fences and walls shall not exceed six feet in height.

(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 1007)

§ 153.192 EXCEPTIONS TO HEIGHT LIMITATIONS.

Steeples, flagpoles, chimneys, water tanks, silos, barns or similar structures may be erected above the height limits required by this chapter, but no space above the height limit shall be allowed for the purpose of providing additional floor space.

(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 1008; Ord. 2020-3, passed 9-3-2020)

§ 153.193 WATER AND SEWAGE REQUIREMENTS.

As required by this section, all applications for building permits shall be accompanied by the appropriate permits or letters of approval from an approved water system, the Southwest Utah Public Health Department or the State Department of Environmental Quality, as applicable, prior to approval.

(A) Water requirements.

(1) 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 culinary water system must be obtained from the Southwest Utah Public Health Department or the State Department of Environmental Quality, as applicable.

(2) For any building or use with more than 14 culinary water connections, or where 25 or more people will be served 60 or more days a year, approval of the culinary water system must be obtained from the State Department of Environmental Quality. For any building or use with fewer than 14 culinary water connections, or where fewer than 25 people will be served, or where 25 or more people will be served fewer than 60 days a year, approval of the culinary water system must be obtained from the Southwest Utah Public Health Department.

(B) Sewage requirements.

(1) In all cases where a proposed building or proposed use will generate wastewater, approval for wastewater disposal shall be obtained from the Southwest Utah Public Health Department or the State Department of Environmental Quality, as applicable.

(2) For any building or use where an individual wastewater disposal system (septic system) is proposed, of less than 5,000 gallons of wastewater flow per day, approval shall be obtained from the Southwest Utah Public Health Department. For any building or use where a large wastewater disposal system is proposed with greater than or equal to 5,000 gallons of wastewater flow per day, approval shall be obtained from the State Department of Environmental Quality.

(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 1009)

§ 153.194 EFFECT OF OFFICIAL MAP.

Wherever a required front yard faces on a road or street, the depth of such front yard shall be measured from the mapped street line provided by the official map.

(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 1010)

§ 153.195 NOXIOUS WEEDS.

All property owners shall comply with the requirements of the Utah Noxious Weeds Act, UCA Title 4, Chapter 17, as amended.

(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 1011)

§ 153.196 SITE LIGHTING.

(A) All buildings and grounds, including residential buildings, may be illuminated by such lighting fixtures as the owner of the property may determine; provided that, the lighting fixtures are equipped with shields, shrouds, lenses or other devices that concentrate the illumination only upon the building and grounds of the owner and minimize light trespass to adjoining properties.

(B) Indoor lighting shall not be provided or constructed in such a fashion as to provide lighting for any outdoor areas.

(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 1012)

§ 153.197 SUPPLEMENTARY REQUIREMENTS.

(A) Residential facilities for elderly persons. The approval of a residential facility for elderly persons is non-transferable and automatically terminates if the structure is devoted to a use other than a residential facility for elderly persons, or if the structure fails to comply with the requirements of this section.

(1) A residential facility for elderly persons shall not:

(a) Operate as a business (UCA § 10-9a-516(1), as amended);

(b) Be considered as a business because a fee is charged for food or actual and necessary costs of operation and maintenance of the facility (UCA § 10-9a-516(3), as amended); and

(2) A residential facility for elderly persons shall:

(a) Be owned by one of the residents or by an immediate family member of one of the residents or be a facility for which the title has been placed in trust for a resident (UCA § 10-9a-516(2)(a), as amended);

(b) Be consistent with all existing, applicable land use ordinance requirements affecting the location (UCA § 10-9a-516(2)(b), as amended);

(c) Be occupied on a 24-hour basis by eight or fewer elderly persons in a family-type arrangement (UCA § 10-9a-516(2)(c), as amended);

(d) Be capable of use as a residential facility for elderly persons without structural or landscaping alterations that would change the structure’s residential character (UCA § 10-9a-517(2)(c), as amended);

(e) Shall meet all land use ordinances, Building Code(s), and Health Codes as adopted, as applicable to similar dwellings (UCA § 10-9a-517(2)(a), as amended); and

(f) Provide adequate off-street parking (UCA § 10-9a-517(2)(b), as amended).

(3) Placement in a residential facility for elderly persons shall be on a strictly voluntary basis and not a part of, or in lieu of, confinement, rehabilitation or treatment in a correctional facility (UCA § 10-9a-517(2)(f), as amended).

(B) Supplementary requirements for residential facilities for persons with disabilities.

(1) Types of residential facilities for persons with disabilities. A residential dwelling for four or more persons as licensed by the Department of Human Services, Division of Services For People with Disabilities.

(2) Residential treatment facilities and program. A residential treatment facility or residential treatment program, as licensed and monitored by the state’s Department of Human Services, under the core and categorical rules for treatment.

(3) Day treatment facility and program. A day treatment facility or day treatment program, as licensed and monitored by the state’s Department of Human Services, under the core and categorical rules for treatment.

(4) Outpatient treatment facility and program. An outpatient treatment facility or outpatient treatment program, as licensed and monitored by the state’s Department of Human Services, under the core and categorical rules for treatment.

(5) Residential support facility and programs. A residential support facility or residential support program, as licensed and monitored by the state’s Department of Human Services, under the core and categorical rules for treatment.

(6) Social detoxification facility and programs. A social detoxification facility or social detoxification program, as licensed and monitored by the state’s Department of Human Services, under the core and categorical rules for treatment.

(7) Intermediate secure treatment facility and programs for minors. An intermediate secure treatment facility for minors or intermediate secure treatment program for minors, as licensed and monitored by the state’s Department of Human Services, under the core and categorical rules for treatment.

(1) General. No residential facility for persons with a disability shall be established unless:

(a) It is proposed in an existing building that complies with all Building, Fire and Health Codes, as adopted, applicable to similar structures, and all requirements of this chapter;

(b) It is proposed in a new building that complies with all Building, Fire and Health Codes, as adopted, applicable to similar structures, and all requirements of this chapter; and

(c) The existing or proposed building complies with all requirements of the zoning district in which it is located, or proposed, and applicable to similar structures.

(2) Maximum number of occupants (consumers and staff). For any existing building, or any new building, proposed to be used for a residential facility for persons with a disability, the building, or building plans shall be reviewed by the Building Official, considering the categorical standards for physical facilities, as established by the state’s of Utah Department of Human Services. Following this review, the Building Official shall determine and establish the maximum number of persons allowed to reside within the facility.

(3) State Department of Human Services license.

(a) At the time of application for a conditional use permit to establish a residential facility for persons with a disability, or within 45 days following approval of a conditional use permit to establish a residential facility for persons with a disability, the owner or provider shall provide to the Town Clerk evidence that the facility is licensed by the state’s Department of Human Services for the type of facility being considered by the town. The Planning Commission shall condition any conditional use approval on the presentation of evidence that the facility is licensed by the state’s Department of Human Services, as required by this section. Failure to provide such evidence shall be grounds for the town to invalidate any existing or pending town approvals;

(b) Continued compliance with the licensure requirements of the Department of Human Services; and

(c) The responsibility to license programs or owners or providers that operate residential facility for persons with a disability, as well as require and monitor the provision of adequate services to consumers residing in these facilities, shall rest with the state’s Department of Human Services.

(4) Conditional use permit to operate a residential facility for persons with a disability non-transferable.

(a) A permit to operate a residential facility for persons with a disability, as authorized by this section, is non-transferable and shall only be valid to the owner or provider identified on the application authorizing the operation of the facility, and as identified as the owner or provider as licensed by the state’s Department of Human Services, Division of Services for People with Disabilities.

(b) A conditional use permit to operate a residential facility for persons with a disability terminates if the building is devoted to another use or if the building fails to comply with any of the standards established herein.

(5) Reasonable accommodations. The Planning Commission shall have the authority, in reviewing an application for a conditional use permit to establish and operate a residential facility for persons with a disability, to modify the requirements contained herein if the Commission determines such modifications are necessary in order to make a reasonable accommodation to afford persons residing in such facilities equal opportunity in the use and enjoyment of the facility.

(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 1013; Ord. 72, passed 11-7-2013; Ord. 2021-2, passed - -2021)

§ 153.198 HAZARDOUS WASTE; PURPOSE.

(A) These provisions are established for the purpose of prohibiting commercial facilities constructed for the purpose of importation for treatment, storage or disposal of hazardous wastes or substances (collectively “commercial hazardous industry”) within the town and to avoid the potential social, health and environmental impacts and risks associated with commercial hazardous industry.

(B) Industrial uses involved in the importation for treatment, storage or disposal of hazardous waste or substances (“commercial hazardous industry”) either for profit or non-profit purposes shall be prohibited in the town to ensure the prevention of adverse impacts on the environment, persons, crops, animals or wildlife. The town prohibits the following activities from occurring within the municipal boundaries of the town:

(1) The processing, handling, storage, treatment and disposal of fissionable, radioactive, medical or nuclear waste or materials contaminated by such substances; and

(2) The siting of commercial hazardous industries constructed for the purpose of importation, treatment, storage or disposal of hazardous waste or hazardous substances and materials.

(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 1014)

§ 153.199 PUBLIC USES AND UTILITIES.

(A) For the purposes of providing required public uses and public utilities in an efficient manner and at locations determined appropriate and necessary to meet the needs of the town, the following requirements shall apply to the location and establishment of public uses and utilities, as defined, and located within the town.

(B) The minimum lot size required non-residential uses, as provided by the Table of Development Standards, shall not apply to public uses and public utilities, as defined herein, except the Planning Commission in rendering a final decision on the issuance of a conditional use permit, as authorized by § 153.151 of this chapter, shall:

(1) Require the minimum lot size for a public use or public utility to meet the minimum lot size required of the zoning district in which it is proposed to be located; or

(2) Require a lot size sufficient to ensure all requirements of this chapter are met, including, but not limited to, all requirements of the Table of Development Standards, except minimum lot size as may be modified by this section, and the requirements of §§ 153.153 and 153.154 of this chapter are met.

(Ord. 46C, passed 6-23-2005; Ord. 59, passed 5-8-2008, § 1015)

§ 153.201 RECREATIONAL TYPE VEHICLE AS A TEMPORARY DWELLING.

(A) Any owner of real property that is located within the town limits or family member or guest of such owner may occupy as a dwelling an RV located on such property for a period of not more than 90 days accumulative in any given calendar year if one of the following conditions is met.

(1) The RV has working bathroom facilities properly connected to in-ground water and sewer which has been installed and inspected pursuant to the appropriate building permit for said water and sewer as authorized in the town’s Building Code and in accordance with state law and the provisions of Southwest Utah Public Health Department.

(2) The RV with or without working bathroom facilities is parked within 100 feet of a dwelling located on the property which dwelling has working bathroom facilities hooked to a septic tank and drain field, and the bathroom facilities are continuously open and available to the occupant(s) of the RV.

(3) The RV has working self-contained bathroom facilities and is parked or stored on the real property, and is occupied only on an “occasional basis” not to exceed 90 days cumulatively in any calendar year.

(B) In addition to complying with one of the three requirements in division (A) above, the property owner must additionally comply with all of the following conditions.

(1) If a generator is used for electricity, the generator must not interfere with the quiet enjoyment of any other property owner.

(2) The RV and the surrounding property must be maintained in a manner that does not violate any local ordinances or state laws relating to health or nuisance.

(3) The RV must be occupied by the property owner, family members or guests of the owner strictly on a non-commercial basis.

(4) The owner has obtained a non-fee permit for said occupancy from the Town Clerk.

(5) Only two non-owner owned RVs may be located on the real property at any one time.

(C) Nothing herein shall be deemed to authorize private property to be used as an RV park or trailer park and the sole intent of this amendment is to allow property owners, their families and guests as described above to use an RV as a temporary means of inhabiting their property.

(D) (1) All permits will be issued or renewed on an individual basis.

(E) (1) The foregoing does not apply to mobile homes or any other dwellings occupied as permanent living quarters, all of which are classified as regulated dwellings.

(2) Any trailer of any type or motor coach incapable of locomotion on demand does not qualify as an “RV” for purposes of this chapter and cannot be used as a habitable dwelling without first complying with all provisions of the town ordinances and state law governing the health, safety and habitation of permanent dwellings.

(F) The foregoing does not apply to the exemption granted by § 153.156 of this chapter.

(G) A violation of this section constitutes a Class C misdemeanor. This section is also enforceable civilly by both a claim for injunction and damages.

(Ord. 46D, passed 8-4-2005; Ord. 59, passed 5-8-2008, § 1017; Ord. 2024-2, passed 9-5-2025)

§ 153.202 SIGNS.

(A) Purpose. This section is provided to:

(1) Promote and protect the public health, safety and welfare by regulating the location and size of signs;

(2) Protect property values;

(3) Enhance and protect the physical appearance of the town;

(4) Preserve the scenic and natural beauty and rural atmosphere;

(5) Reduce sign clutter and advertising distractions and obstructions; and

(6) Reduce hazards while providing procedures to enable local businesses to provide advertising.

(B) Exemptions. The following signs shall be exempt from the requirements of this section:

(1) Residential identification signs. Provided such signs are not more than two square feet in area and with any display limited to street numbers, street name and the name of the resident(s) and provided such sign does not project beyond the property;

(2) Traffic warning and regulation signs. Signs for the purposes of traffic regulation and direction and the displayed message is solely for traffic regulation and directional information and is maintained by a public agency;

(3) Church and public organization signs. Provided such signs do not exceed eight square feet in area. Such signs may include the display of official notices used by any court or public body or official, or the posting of notices by any public officer;

(4) Window signs. Lighted window signs are limited to no more than two signs of a maximum of five square feet each with no flashing lights. All lighted window signs must be turned off at the end of business hours;

(5) Election signs. Signs not exceeding two feet by two feet and which conform to the Utah State Code for distance from any polling place, and which must be removed within one week following an election. No election signage shall be placed within, or on, any publicly owned land or right-of-way, and all election signs must be authorized by the property owner of the lands on which the election signage is placed;

(6) Real estate signs. Signs may be erected to advertise the sale, rent or lease of property upon which said signs are placed and shall not exceed four square feet in area. An additional directional sign

not to exceed two square feet is allowed on the nearest public road with the permission of the property owner when property for sale is not along a public road;

(7) Development promotional signs. One development promotional sign may be placed on the premises of a subdivision or other land development project with four or more lots or approved dwelling units. Said promotional sign may not exceed 16 square feet in area and shall be removed no later than 30 days following the sale of all lots or units; provided, no development promotional sign shall be maintained for a period not to exceed two years from the date of initial installation; and

(8) Directory signs. Where group occupancies in office buildings, commercial buildings or industrial buildings are permitted, directory signs may be erected displaying the names of occupants of a building who are engaged in a particular profession, business or industrial pursuit. Each listing shall be no larger than one square foot of sign area.

(C) Allowed signs. The following signs, as defined herein, are allowed in the town with the approval of the Planning Commission or Zoning Administrator, as applicable:

(1) Free-standing signs;

(2) Building signs;

(3) Temporary signs; and

(4) Directional signs as allowed by division (E) below.

(D) Allowed sign standards. The following table identifies the sign standards and requirements for allowed signs as authorized herein:

Allowed Signs and Sign Standards
Sign Standards	Sign Type
Sign Standards	Free-Standing Signs	Building Signs	Temporary Signs
Approval procedure	Conditional use approved by Planning Commission	Conditional use approved by Planning Commission	Approved as a temporary use by Zoning Administrator
Fire escapes	No sign shall be erected in such a manner to interfere with the use of any fire escape, exit, standpipe or obstruct any stairway, door, ventilator or window	No sign shall be erected in such a manner to interfere with the use of any fire escape, exit, standpipe or obstruct any stairway, door, ventilator or window	No sign shall be erected in such a manner to interfere with the use of any fire escape, exit, standpipe or obstruct any stairway, door, ventilator or window
Location	All signs located so no part of the sign is within 2 feet of the property line and located so as to be outside any clear vision area	Signs must be located on an existing or approved building in which the business is or will be operating. The signs must be on a wall that is at least three times the area of the proposed sign	Shall not be attached to fences, trees, other natural features, utility poles and shall be located outside any clear vision area
Maximum duration	Allowed as a permanent sign, if continued as required by this chapter	Allowed as a permanent sign, if continued as required by this chapter	Not to exceed 120 days
Maximum height	10 feet	No portion of a building sign shall extend above the wall to which it is attached	8 feet
Maximum sign area	16 square feet	32 square feet	16 square feet
Number of allowed signs	1 sign per property entrance	2 per building	1 per site
Projection	Not applicable	Shall not exceed 12 inches (including all structural and other parts) from the wall	Not applicable
Sign lighting	All sign lighting must not cause a disturbance or distraction to surrounding properties or traffic and shall provide necessary shields, shrouds, lenses or other devices that concentrate the illumination only upon the sign to protect the night sky and minimize light trespass to adjoining properties	All sign lighting must not cause a disturbance or distraction to surrounding properties or traffic and shall provide necessary shields, shrouds, lenses or other devices that concentrate the illumination only upon the sign to protect the night sky and minimize light trespass to adjoining properties	Not allowed
Utility lines	No sign shall be erected with less horizontal or vertical clearance than required by the requirements of the utility owner or provider	No sign shall be erected with less horizontal or vertical clearance than required by the requirements of the utility owner or provider	No sign shall be erected with less horizontal or vertical clearance than required by the requirements of the utility owner or provider

(E) Directional sign. Notwithstanding division (D) above, one directional sign location may be allowed at each corner of the intersection of the town’s two major thoroughfares (i.e., Highway 12 and the Burr Trail), for the purposes of informing the public of sites and services off Highway 12, accessible from the Burr Trail, and meeting the following directional sign requirements.

(1) The total area of all directional signs allowed at each corner (directional sign location) shall not exceed 36 square feet.

(2) The co-location of directional signs may be allowed, provided the dimensions of each separate sign does not exceed five feet in length by16 inches in width and the total area of all signs does not exceed 36 square feet at one directional sign location.

(3) No portion of any co-located directional sign shall exceed 16 inches wide by five feet in length.

(4) All directional signs shall be complementary to other allowed signs at the location in material, color, size and style.

(5) The town’s Planning Commission must determine that each directional sign meets all applicable requirements of this chapter prior to being established.

(6) No business, service or other attraction may be listed on more than one directional sign and may not be listed on more than one co-located directional sign.

(F) Required approval procedures, application requirements for allowed signs.

(1) All permanent free-standing signs and building signs authorized by this chapter shall be considered a conditional use and shall be considered by the town’s Planning Commission, as required by §§ 153.150 through 153.156 of this chapter, unless the sign is a temporary sign, as provided herein.

(2) All applications for a free-standing sign or a building sign shall comply with the requirements for a conditional use permit, as applicable, and as required by §§ 153.150 through 153.156 of this chapter. A sign application shall be accompanied by the necessary application fee and a $10 refundable photograph deposit, as required by division (G) below.

(3) All temporary signs authorized by this chapter shall be considered a temporary use and shall be considered by the town’s Zoning Administrator.

(4) All applications for a conditional use permit or temporary use permit to establish a sign shall be accompanied by evidence of a valid business license, as required by the town, and as applicable.

(G) Sign design standards, photograph required.

(1) All signs allowed by this chapter shall be found to complement the architectural style and scale of the building and should be designed as an integral architectural element of the building and site to which it principally relates. As an architectural element, the sign should reflect the period of architecture and be in harmony with building character and use.

(2) Upon the installation of all free-standing and building signs, the owner shall provide to the town a photograph of the sign, of a size and quality sufficient to identify the size, design and color of the installed sign. Upon receipt of the sign photograph, the town shall refund the photograph deposit to the applicant. If a sign photograph is not provided to the town within 30 days of the installation of the sign, the town is authorized to take and have provided a sign photograph, with the photograph deposit being forfeited by the applicant and used by the town to defray costs incurred to provide a sign photograph.

(H) Non-conforming signs. All signs which have been made nonconforming by the adoption of this chapter are subject to the provisions of §§ 153.255 through 153.273 of this chapter.

(I) Maintenance of signs. No sign shall be erected or altered, except as provided by this chapter. All signs shall be in a safe well-maintained condition and shall be free from any hazards, including, but not limited to, faulty wiring and loose fastenings, and shall not represent a nuisance or pose threat to the public health, welfare and safety.

(J) Sign condition and unsafe signs.

(1) All signs, supporting structures or portion thereof approved, installed and located on any lands within the boundaries of the town shall continue to be maintained in a safe condition and in accordance with all requirements and conditions of approval and all other requirements of applicable town ordinances and requirements.

(2) Any sign, supporting structure or portion thereof declared unsafe by the Town Council shall be restored to a safe condition or removed by the owner within 30 days following notice provided by the Town Council.

(K) Abandonment. Any sign that ceases to be used for the purposes for which it is permitted for a period of one year shall be deemed to be abandoned and shall be removed by the owner within 30 days following notice provided by the Town Council.

(L) Acquisition of interests. The town may acquire title to signs by gift, purchase agreement, exchange or eminent domain, and shall have the right to amortize nonconforming signs as permitted by state or federal law.

(M) Prohibited signs. The following signs, as defined herein, shall be prohibited within the municipal boundaries of the town:

(1) All off-premises signs, including all billboards, but excluding directional signs as provided by division (E) above;

(2) All animated signs and wind signs;

(3) Roof signs;

(4) Canopy (marquee) signs;

(5) Back-lighted signs;

(6) Neon signs;

(7) All signs that emit sound or other emissions; and

(8) All moveable signs, including signs mounted or painted upon vehicles or trailers which are more or less permanently parked in any location for the sole purpose of calling attention to or advertising a business.

(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 1018; Ord. 59A, passed - -2012; Ord. 59B, passed - -2012; Ord. 59A, passed - -2014)

§ 153.203 ACCESSORY DWELLING UNITS.

(A) Is there a limit on the number of ADUs per primary dwelling? Yes. There may be only one ADU for each primary dwelling, whether internal or external.

(B) Are there limits on the occupancy of ADUs? Yes.

(1) The property owner may occupy either the primary dwelling or the ADU. ADUs (internal or external) may not be rented for fewer than 30 consecutive days.

(2) An ADU may be converted to a short-term rental only via approval of a CUP for a short-term rental, as provided by § 153.204 and other provisions of this chapter.

(1) EADUs in the GM and LDR zoning districts shall not exceed 1,000 square feet in size.

(2) EADUs in the MDR shall not exceed 800 square feet in size.

(3) EADUs in the HDR shall not exceed 600 square feet in size.

(4) IADUs must fit within the footprint of the primary dwelling at the time the application for a building permit for the IADU is established.

(D) What about the added load an ADU may place on the wastewater system for the primary dwelling? Due to state law, there are different answers for external and internal ADUs.

(1) The applicant must demonstrate that the existing on-site wastewater disposal system is adequate to support an EADU or that the existing system will be upgraded before a certificate of occupancy for the EADU is issued.

(2) An IADU may not be established in a primary dwelling that is served by a failed on-site wastewater system. (Ord. 2018-4, passed 1-3-2019; Ord. 2021-7, passed 12-2-2021)

§ 153.204 RESIDENTIAL SHORT-TERM RENTALS.

(A) Defined. RESIDENTIAL SHORT-TERM RENTALS is occupancy of a dwelling on a single-family legal lot of record by a transient guest(s) renting the entirety of the dwelling, or any portion thereof, for any period between one to 29 consecutive nights pursuant to a conditional use permit (CUP).

(B) Allowed zones. RSTRs are allowed in the HDR Zone, the MDR Zone, the LDR Zone and the GMU Zone.

(C) Ownership, occupancy and residency. To qualify for a CUP under this chapter, the applicant must be an individual who is a resident of and whose primary domicile is in the town and who is also the principal owner of the subject lot for which the CUP is being applied for.

(1) To qualify for a CUP hereunder, the owner must comply with the following:

(a) Be a resident of the town and occupy their lot as their fixed, permanent and principal home and domicile for all legal purposes;

(b) Prove said primary residence within the town as defined by the County Assessor’s primary residency tax classification; and

(2) Dwellings eligible for RSTR status fall into two separate classifications, which are mutually exclusive and only one shall qualify for a CUP as follows:

(a) The primary dwelling or an ADU on the lot comprising the domicile and residence of the applicant, said lot containing the subject dwelling(s) shall not be occupied by RSTR guests in excess of 182 days per year; or

(b) A separate lot of record in the town which contains a dwelling separate and apart from the domicile of a resident-applicant, in which case said lot does not need to be occupied by the owner- applicant.

(3) No owner/resident shall own more than one RSTR property, nor be entitled to more than one CUP for an RSTR within the town:

(a) Owner and ownership is defined as any individual or entity as shown on the property tax records of the county:

1. Where the owner is an entity, be it a corporation, partnership, LLC, trust, conservatorship or otherwise, the individual who holds the majority interest in said entity; and

2. Other members of the applicant’s household, and other individuals claiming an ownership interest in the applicant’s entity, shall not be eligible for a CUP for any other lots in the town, notwithstanding the provisions of division (C)(2) above; and

(b) Only a resident owner, as defined herein, can apply for a CUP.

(4) In no event shall more than one of the qualified dwellings in division (C)(2) above be occupied by RSTR guests on any given day or at any given time; in no event shall more than one booking of an RSTR guest or group occupy a subject dwelling in any given time frame. Each guest or group occupying any qualified RSTR dwelling for any period of time must have reserved the property and paid for the booking in a single transaction.

(D) Limitation on number and type of RSTRs allowed.

(1) For purposes of this chapter, the town limits are divided into Upper Boulder, Middle Boulder and Lower Boulder. Each of these three areas shall be allowed a maximum number of CUPs under this chapter. That maximum number shall not exceed 15% of the total number of dwellings occupied by permanent residents. Lots and dwellings owned by non-residents shall not be counted. In calculating the number of CUPs available in each of the three areas, a fractional remainder of one-half or more shall be rounded up to the next whole number.

(2) The CUPs in each area shall be available on a first come basis. When an area’s quota is reached, a waiting list shall be established, also on a first come basis.

(3) A CUP within each of the three geographical areas. will be issued, renewed or revoked as follows.

(a) Once granted, any RSTR must maintain its CUP in good standing through strict compliance with the terms of this chapter and the conditions in the permit.

(b) Any CUP that is allowed to lapse shall be placed at the back of the wait list, if any, and the next applicant in line, if any, will then have priority.

(c) Any CUP that is revoked or not renewed for cause hereunder shall not automatically be allowed on the wait list or entitled to apply for a new CUP, except as determined by the Planning Commission in considering all the circumstances of said revocation or non-renewal.

(4) Any lot that has been in use as a legal RSTR over the previous 12 months from the date of enactment of this chapter, and can prove such RSTR legal usage by providing proof of payment of sales and use tax to the state’s Tax Commission, together with a sales tax license therefrom in effect for the same 12-month period, shall be entitled to continue RSTR rental of the lot as a legal non-complying use, so long as the owner of the lot obtains a CUP and complies with all the terms and conditions of this chapter, excepting if the owner of the subject lot and noncomplying use thereon is not a resident of the town, then:

(a) The residency requirements of this chapter shall not apply;

(b) Nor shall the owner’s subject lot be counted in the quota system set forth herein; however;

(d) The three geographical areas are described as follows:

1. Upper Boulder, beginning at an east-west line through the south property line of the Boulder Cemetery, said line extending due east and due west to the town limits on opposite sides, then encompassing and including all property within the town limits situated to the north of aforesaid east-west line;

2. Lower Boulder, beginning at a point where the Burr Trail intersects the east boundary of the town limits, then proceeding westerly along the centerline of the Burr Trail to its junction with State Highway 12, and then continuing westerly along the centerline of said Highway 12 to a point where it intersects the west boundary of the town limits, said described line comprising the north boundary of this Lower Boulder area, and then encompassing and including all property within the town limits situated to the south of the aforesaid Burr Trail and Highway 12 centerline; and

3. Middle Boulder, all property within the town limits situated between the south line described above defining Upper Boulder and the north line described above defining Lower Boulder.

(E) Conditional use permit required. The town’s Planning Commission will consider all applications for said conditional use permits, after the application has been certified as complete in accordance with this chapter. A conditional use permit issued under this section is valid for one calendar year and can only be granted or renewed as specified herein. The application for the CUP shall contain the following licenses. information and exhibits properly verified and sworn to by the owner:

(1) Name of the owner, the property manager (if different from the owner) and the address of the lot;

(2) How the subject dwelling on the lot will be used and occupied by RSTR guests:

(a) All of the dwelling or part of the dwelling; and

(b) A site plan showing the property, dwelling and rooms.

(3) Proof that the applicant is a resident as defined in division (C)(1) above in the form of the property tax notice from the county and proof of ownership by the applicant;

(4) A copy of the guest instructions specified in division (F) below that will be posted on the premises for guests;

(5) A business license and a sales tax number issued or proof of payment of taxes as follows:

(a) For an initial CUP application, the owner shall fill out the application and present it in accordance with this chapter. If the application is certified as complete and eligible for being put on the Planning Commission agenda, the owner shall provide a copy of a state sales tax license and number together with a town business license before the CUP will be finalized; or

(b) For a renewal CUP application, the owner shall provide a copy of the quarterly sales tax returns filed with the state’s Tax Commission, together with proof of payment. and a copy of the records of any website host (such as Vrbo and/or Airbnb) showing the dates that any subject dwelling was occupied by RSTR guests during the previous 12-month period.

(6) One parking space for every two bedrooms, in addition to those spaces reserved for the owner;

(7) A sign at the head of the driveway clearly identifying the name and address of the subject dwelling or other demarcation to inform guests that they are at the correct location;

(8) Location and number of the following:

(a) Smoke detectors;

(b) Exits;

(9) Proof of a culinary water source and wastewater facilities compliant with current residential building codes; and

(10) To qualify for a CUP under this chapter, any dwelling constructed after September 11, 1998, must have been granted a valid building permit, be IBC compliant and otherwise meet the terms of this chapter.

(F) Property management. The person designated as the property manager in the CUP, the owner or a third party (“manager”) shall:

(1) Make arrangements for the availability of the keys or codes to the guests and provide 24-hour contact information for said manager, who will be available to respond to the guests by telephone within one hour, and in person within three hours;

(2) The manager shall provide the guests with the set of written instructions, posted visibly within and governing the use of the property, which shall include:

(a) A description and a map of the property boundaries specifying public roads and public trails as the only areas where walking/hiking or access to public lands is permitted;

(b) A description and a map of surrounding private property where intrusion is trespass and must be avoided;

(c) Guest’s duty to control their dogs and/or other animals, if any, not leave them unattended, prevent them from roaming, barking or otherwise creating a nuisance;

(d) Location and use of garbage containers and proper disposal;

(e) Location of fire extinguishers and exits;

(f) If an outdoor fire-pit, barbeque or similar device is available on the property, any fire restrictions for the area clearly posted, and said devices shall be safely sited, constructed and clear of weeds, debris and other flammables to the satisfaction of the local Fire Marshal;

(g) Authorized parking spaces(s) designated for guest vehicles;

(h) Specified quiet time from 10:00 p.m. to 7:00 a.m.;

(i) Acknowledgment of the town’s dark sky aspirations in the General Plan and requesting that guests turn off all outside lighting when not needed and avoid light pollution through windows after retiring for the evening; and

(j) Contact numbers for manager (and owner if different) and all available emergency services.

(3) The owner/applicant is responsible for any nuisance created by the guests, which can constitute grounds for revocation and/or non-renewal of the CUP.

(G) Violation.

(1) Violation of this chapter, including providing false information on an application for the CUP, is a Class C misdemeanor punishable by a fine and/or civil penalties as authorized by UCA § 10-9a-803.

(2) Violation of this chapter or the conditions of the CUP shall be grounds for termination and/or non-renewal of the CUP.

(Ord. 2019-2, passed 5-2-2019)

§ 153.205 WIRELESS COMMUNICATION TOWERS AND FACILITIES.

(A) Requirements for facility permit submissions.

(1) A conditional use permit is required. In addition to any other materials required for a standard permit under this section or any other town ordinances, all applicants for permits to construct a telecommunications tower or antenna shall submit visual impact demonstrations using photo simulations of the proposed facility as it would be seen from residential areas, public rights of way, and public parks and other sites as deemed appropriate by the Planning Department.

(2) Weight may be given in favor of the application if the applicant is able to demonstrate a net benefit to the community and its residents for increased cell service and/or other desirable communications capacities and capabilities.

(B) Location of facilities at or near the center of town, on mesa tops, or highly visible from scenic corridors such as State Highway 12. Towers and antennae may be approved at or near the center of town, on mesa tops, and in designated scenic corridors by special exception and if possible concealed so as to be substantially invisible. The views of, and vistas from, such areas and corridors shall not be impaired or diminished by the placement of telecommunications towers and antennae.

(1) No new telecommunications facility shall exceed 50 feet in height over ground level directly below. Due to the wide variation in topographical features and remote locations sited away from town center, residential areas, and State Highway 12, the Planning Commission has broad discretion in requiring the applicant to seek out locations and exhaust all reasonable options for siting the tower in the least impactful locations.

(2) Telecommunications facilities that simulate objects that typically occur in landscapes similar to the proposed location (except billboards, electrical transmission, or telecommunications towers) may exceed 50 feet in height if, based on the judgment of the Planning Commission or body issuing the conditional use permit, it would appear in context on the landscape, is aesthetically acceptable, and would be a preferable alternative to an undisguised facility.

(3) Telecommunications facilities located atop or within existing buildings or structures may result in an overall increase in height of the structure of no more than 10% of the structure’s height without the facility or the maximum height allowed in the zoning district in which the structure is located, whichever is less.

(D) Co-location.

(1) In all applications for construction of a new facility, the applicant must prove by substantial evidence that a bona fide need exists for the facility and that no reasonable combination of locations, techniques, or technologies will obviate the need. The applicant must further prove that it has made all reasonable efforts to procure antenna space on existing facilities and that the cost of co-location exceeds the cost of a new facility by at least 50%.

(2) Prior to the issuance of a permit for a new tower, the applicant shall demonstrate commitment to joint use as follows:

(a) The applicant requesting the permit shall submit evidence to the town demonstrating that a genuine effort has been made to solicit additional users for the proposed new tower. Evidence of this shall include, at a minimum, copies of notices sent by registered mail, return receipt requested, to all other providers of cellular and wireless communications services within Garfield County and adjacent counties, advising of the intent to construct a new tower, identifying the location, inviting the joint use and sharing of costs, and requesting a written response within 15 business days.

(b) The applicant shall sign an instrument, maintained by the town, agreeing to encourage and promote the joint use of telecommunications towers within the town and, to that extent, committing that there shall be no unreasonable act or omission that would have the effect of excluding, obstructing or delaying joint use of any tower where fair and just market reasonable compensation is offered for such use.

(E) Setback. No new tower shall be constructed without a setback from the tower’s base of at least one and one-half times the tower height to a public or private road and at least two and one-half times the tower height to the nearest property line.

(F) Equipment shelters. No equipment shed for a telecommunications facility shall exceed 750 square feet in area nor 12 feet in height. All such sheds shall be screened with vegetation or other aesthetically pleasing materials. Furthermore, all such sheds shall be secured with approved fencing and a locked gate if deemed necessary by the Planning Commission.

(G) Signs, lighting and noise. No commercial messages nor any other signs beyond safety warnings and an identification sign of not greater than four square feet shall be placed on any tower or facility, nor placed higher than five feet above ground level. No lighting, or devices emitting noise, shall be placed or maintained on the tower or facility in a manner visible or audible offsite.

(H) Electronic emissions and electromagnetic radiation.

(1) Prior to commencing regular operation of the facility, all facility owners and operators must submit a certificate of compliance with all current Federal Communications Commission regulations concerning electromagnetic radiation and other electronic emissions applicable to the facility.

(2) All facility operators and owners must sign an agreement, to be maintained by the town, agreeing to bring facilities into compliance with any new federal, state, or local laws or regulations concerning electromagnetic radiation and other electronic emissions applicable to the facility within 120 days of the effective date of the regulations.

(I) Removal of facilities. The owner of a facility shall establish a $10,000 cash security fund or provide the town with an irrevocable letter of credit in the same amount to secure the cost of removing an antenna, antenna array, or tower that has been abandoned. In the event of a transfer of ownership, the seller shall be responsible for notifying the buyer of this requirement and for notifying the town of the transfer.

(Ord. 2020-3, passed 9-3-2020)