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Box Elder City Zoning Code

ARTICLE 44

II PERMITS

Sec 44-27 General Requirements

  1. The permit regulations established in this article are intended to supplement the permit regulations set forth in the building and property maintenance codes adopted by the City. Should conflicts between these regulations be discovered, the planning office shall determine which regulations, or parts thereof, shall apply.
  2. Permit applications shall be made electronically to the planning department on forms provided by the city. Permits may be issued only by the planning department. Unless stated otherwise in the following sections, the work described in a permit must be commenced within six months of the date of issuance of the permit or the permit shall become void. Once commenced, the work shall not be suspended or abandoned for a period of six months at any time after work has begun or the permit shall become void. Further, the work described in a permit must be completed within 12 months of the date of issuance of the permit or the permit shall become void. The term of a permit may be extended, before its expiration, at the discretion of the chief building official or an authorized designee.
  3. The chief building official or authorized designee may suspend or revoke a permit issued under this article whenever a permit is issued in error, issued on the basis of incorrect or incomplete application information, or issued in violation of any city ordinance or regulation. Notice of suspension or revocation shall be made in person or by first-class mail.
  4. Unless otherwise stated in ordinance, permit fees shall be annually set by ordinance by the council. The permit fee shall be payable to the city as part of the submission of the permit application. Permit applications submitted after building, demolition, grading, moving, or parking has begun are subject to a late application fee in addition to the permit fee.
  5. The city public works department shall not provide connection to utilities supplied by the city to structures or land deemed to be in violation by the code enforcement agency or the chief code enforcement officer of building, conditional use, grading, moving, or parking permit requirements until full compliance with the provisions of this article are met.
HISTORY
Amended by Ord. 715 on 1/17/2023
Amended by Ord. 765 on 7/22/2025

Sec 44-28 Approach Permit Requirements

  1. An approach permit shall be obtained, before construction begins, for any additional driveway or private access road approach connecting a parcel to a public street or when deemed appropriate by the City Engineer or Public Works Department.
  2. Applications for approach permits shall be obtained by the property owner or general contractor from the planning office.
  3. Applications shall be subject to review and approval by the City Engineer.
  4. Applications for approach permits shall be accompanied with a scaled site plan map that indicates the location and dimensions of the proposed approach. The map shall convey the length, diameter, and material of any culverts within the approach.

(Ord. No. 560, § 153.056, 4-5-2016)

HISTORY
Amended by Ord. 715 on 1/17/2023

Sec 44-29 Grading Permit Requirements

  1. A grading permit shall be obtained from the Planning Department, before construction begins, for any clearing, filling, or grading of:
    1. One or more acres of land for non-agricultural or non-gardening purposes;
    2. Previously undisturbed or undeveloped parcels of land for residential, public, commercial, or industrial uses;
    3. Land within major drainage easements;
    4. Land within or adjacent to FEMA-designated flood hazard areas;
    5. Land for construction of subdivision roads or utilities; or
    6. The installation, readjustment, or replacement of a culvert in any driveway or drainage easement.
  2. Grading permits are not required for clearing, filling, or grading of land for agricultural or gardening purposes, previously disturbed or developed land for expansion of existing residential, public, commercial, or industrial uses of less than one acre located outside of FEMA-designated flood hazard areas, or outside of major drainage easement areas.
  3. Applications for grading permits shall be obtained by the property owner or general contractor from the Planning Department. Applications shall be subject to review and approval by the Public Works Department and the City Engineer. The Building Official or City Engineer may require the submission of a stormwater protection plan for the grading site before the grading permit is approved.
  4. Applications for grading permits shall, at the discretion of the Building Official, City Engineer or Planning Director, be accompanied with a scaled site plan map that indicates the extent and areas to be cleared, filled, or excavated. The map shall convey the location of any existing or proposed approach, culvert, structure, well, cistern, septic tank, absorption field, utility line, driveway, parking area, road, flood hazard area boundary, stream or drainageway, water body, rock outcrop, and property line.
  5. The estimated total area to be disturbed shall be noted on the map. Applications shall be accompanied by a copy of the authorization to discharge under the surface water discharge system from DANR when the anticipated area of land disturbance totals one or more acres when such authorization is required.
  6. The construction authorized by a grading permit must begin within six (6) months of permit issuance and be completed within twelve (12) months of permit issuance unless otherwise first authorized by the Building Official, City Engineer or Planning Director.

(Ord. No. 560, § 153.058, 4-5-2016)

HISTORY
Amended by Ord. 715 on 1/17/2023

Sec 44-30 Manufactured Home Park Requirements

  1. All new or expanded manufactured housing development after January 1, 2016, shall be required to meet all zoning, platting and subdivision regulations for the general residential manufactured (GR-4) district development.
  2. Those mobile/manufactured home parks in existence prior to January 1, 2016, will be grandfathered; however, they may at no time expand their existing lot numbers or the boundaries of the park without complying with all adopted residential subdivision regulations of zoning district GR-4.
  3. This section does permit existing manufactured home parks to remove and replace homes on existing lots. The replacement home shall, at a minimum, be 20 or fewer years in age and sixteen (16) feet in width.
  4. The replacement structure shall be intended to be a single-family dwelling, designed to be a permanent residence, that meets or exceeds the Federal Manufactured Home Construction and Safety Standards Act, 42 USC 5401 et seq., and 24 CFR Part 3280 (Manufactured Home Construction and Safety Standards).
  5. Discontinuing in its entirety the utilization of the land for a mobile/manufactured home park that has been grandfathered for more than a 180-day period as a whole, shall nullify the grandfather clause, and the development shall be brought into compliance with existing zoning regulations.

(Ord. No. 560, § 153.060, 4-5-2016)

HISTORY
Amended by Ord. 715 on 1/17/2023

Sec 44-31 Moving Permit Requirements

  1. A moving permit shall be obtained from the Planning Department, before moving begins, to move any factory-built home or other structure intended to be occupied as a residence, storage unit, or business, into, out of, through or within the City’s limits. Exceptions to this requirement shall be made to allow the vehicles moving such structures to move through the City while on Interstate 90, to exit and re-enter Interstate 90 on detour routes designated by the state department of transportation, or to exit and re-enter Interstate 90 by the shortest route to visit a truck stop. A moving permit shall become void 30 days after its date of issuance.
  2. Applications for moving permits shall be obtained by the mover or structure owner from the Planning Department. Applications for moving structures through or out of the City or to move a factory-built home into a manufactured home park within the City may be approved by the Planning Director or their designee. Movement of structures shall not take place until the moving permit has been approved and the Planning Director or their designee has issued the moving permit and moving permit placard. Moving permits shall not be issued to move mobile homes into or within the City limits.
  3. A moving permit placard shall be attached to the rear of the structure being moved and shall be visible to following traffic while within the City limits. A moving permit placard is intended for use on a single permitted structure and shall not be attached to any other structure.
  4. There shall be a 24-hour delay after the issuance of a moving permit, before moving begins, to move any factory-built home or other structure that has been occupied as a residence or business out of the City to ensure that the Public Works Department has had sufficient time to remove the City's water meter and appurtenant parts. The Building Official or Planning Director may waive the delay with the prior approval of the City Engineer.

(Ord. No. 560, § 153.061, 4-5-2016)

HISTORY
Amended by Ord. 715 on 1/17/2023

Sec 44-32 Inspection Of Manufactured Homes

All manufactured homes moved into or within the City shall be inspected, before occupancy, by the Planning Department or its authorized designee for compliance with this chapter. Any manufactured home that, in the opinion of the Building Official, cannot be brought into compliance with this chapter shall not be occupied and shall be removed from the City within seven days. Homes so removed from the City shall be allowed to use the approved moving permit used to bring the home into the City. To be in compliance with this chapter the requirements of Chapter 6, Article III Construction Codes including the currently adopted International Residential Code shall be met.

(Ord. No. 560, § 153.062, 4-5-2016)

HISTORY
Amended by Ord. 715 on 1/17/2023

Sec 44-33 Structure Parking Permit Requirements

  1. A parking permit shall be obtained for any structure that is moved onto any property, other than into a manufactured home park, and is to be parked or stored on the property for more than 72 hours before being placed on a permanent foundation. Manufactured homes shall be skirted within 30 days of being moved onto a property unless a parking permit has been obtained. A parking permit shall become void 90 days after the date of issuance of the parking permit.
  2. Applications for parking permits shall be obtained by the owner from the planning office. Applications shall be reviewed by, and may be approved with conditions by, the planning director. Parking of the structure shall not take place until the planning director or his designee, has issued the approved parking permit and parking permit placard.
  3. A parking permit placard shall be attached to the side of the structure being parked that faces the abutting street and shall be visible to passing traffic. Structures whose parking permits have expired shall be deemed to be in violation of this chapter and shall also be deemed to be a public nuisance which may be subject to immediate abatement by the city.

(Ord. No. 560, § 153.063, 4-5-2016)

HISTORY
Amended by Ord. 715 on 1/17/2023

Sec 44-34 Grounds For Moving Or Parking Permit Denial

More than two violations of this subchapter in a three-year period by the mover, owner, or manufactured home park is a sufficient basis for denial by the planning office of a moving or parking permit.

(Ord. No. 560, § 153.064, 4-5-201)

HISTORY
Amended by Ord. 715 on 1/17/2023