Brigham City City Zoning Code
SUPPLEMENTARY AND
QUALIFYING PROVISIONS
§ 156.335 EFFECT OF SUBCHAPTER.
The regulations hereinafter set forth in this subchapter qualify or supplement, as the case may be, the zone regulations appearing elsewhere in this chapter.
(Prior Code, § 29.05.010) (Ord. 07-13, passed 7-19-2007)
§ 156.336 SUBSTANDARD LOTS AT TIME OF ORDINANCE PASSAGE.
Any lot legally held in separate ownership as of 11-1-1986 (Ord. 568), which lot is below the requirements for lot area or lot width for the district in which it is located may be used for a single-family dwelling if such lot is located in a district which permits single-family dwellings.
(B) The width of each of the side yards for such a dwelling may be reduced to a width which is not less than the same percentage of the lot width as the required side yard would be of the required lot width; provided that, in no case shall the smaller of the two yards be less than five feet or the total width of the two yards be less than 13 feet.
(Prior Code, § 29.05.020) (Ord. 07-13, passed 7-19-2007)
§ 156.337 LOT STANDARDS.
Except for planned unit developments and cluster subdivisions, and as otherwise provided in this subchapter, every lot, existing or intended to be created, shall have such area, width and depth as is required by this chapter for the district in which such lot is located and shall have frontage upon a dedicated or publicly-approved street or upon a private street or right-of-way approved by the Planning Commission, before a building permit may be issued.
(Prior Code, § 29.05.030) (Ord. 07-13, passed 7-19-2007)
§ 156.338 EVERY DWELLING TO BE ON A LOT; EXCEPTION.
Every dwelling structure shall be located and maintained on a separate lot having no less than the minimum area, width, depth and frontage required by this chapter for the district in which the dwelling structure is located; except that, group dwellings, cluster dwellings, condominiums and other multi- structure dwelling complexes under single ownership and management, which are permitted by this chapter and have approval from the Planning Commission, may occupy one lot for each such multi-structure complex.
(Prior Code, § 29.05.040) (Ord. 07-13, passed 7-19-2007)
§ 156.339 YARD SPACE FOR ONE BUILDING ONLY.
No required yard or other open space around an existing building or which is hereafter provided around any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building; nor shall any yard or other required open space on an adjoining lot be considered as providing a yard or open space on a lot whereon a building is to be erected or established.
(Prior Code, § 29.05.050) (Ord. 07-13, passed 7-19-2007)
§ 156.340 SALE OR LEASE OF REQUIRED SPACE.
No space needed to meet the width, yard, area, coverage, parking or other requirements of this chapter for lot or building may be sold or leased away from such lot or building.
(Prior Code, § 29.05.060) (Ord. 07-13, passed 7-19-2007)
§ 156.341 SALE OF LOTS BELOW MINIMUM SPACE REQUIREMENTS.
No parcel of land which has less than the minimum width and area requirements for the district in which it is located may be cut off from a larger parcel of land for the purpose, whether immediate or future, of building or development as a lot.
(Prior Code, § 29.05.070) (Ord. 07-13, passed 7-19-2007)
§ 156.342 YARDS TO BE UNOBSTRUCTED; EXCEPTIONS.
Every part of a required yard shall be open to the sky, unobstructed except for accessory buildings in a rear yard, the ordinary projections of skylights, sills, belt courses, cornices, chimneys, flues, and other ornamental features which project into a yard not more than two and one-half feet, and open or lattice-enclosed fire escapes, fireproof outside stairways and balconies opening upon fire towers projecting into a yard not more than five feet and uncovered porches or stairs which are not more than 30 inches above the adjoining grade and that do not extend from the structure more than five feet into the required yard.
(A) Raised patios, either open or roofed in a required rear yard under the following conditions. The patio may extend not more than eight feet into the required rear yard; the patio shall be attached to the rear of the dwellings; the patio shall not exceed two-thirds of the rear width of the dwelling to which it is attached; the patio shall be a ground floor patio only; the sides of the patio shall remain unenclosed except for lattice work and required handrails and guardrails. Any dwelling located within the current minimum setback, the eight feet extension will be reduced to comply with the current minimum setback.
(B) Front porches in a required front yard under the following conditions. The front porch may extend not more than eight feet into the required front yard: the porch shall be attached to the front of the dwelling; the dwelling shall be located on an interior lot and not on a corner lot; the porch shall not exceed two-thirds of the front width of the dwelling to which it is attached and not impact the required off street parking (driveway, garage, carport and the like); the front and sides of the porch shall remain unenclosed except for required handrails, guardrails or porch half wall not to exceed 42 inches in height, and supporting structures for any roof covering; and the projection shall not exceed one story in overall height. (See figure at the end of this section.) Any dwelling located within the current minimum setback, the eight feet extension will be reduced to comply with the current minimum setback.
(C) Easements.
(1) No dwelling, main building, accessory building or structure shall be located within a recorded easement area unless the property owner either produces evidence satisfactory to the Director or designee that the easement has been vacated, or executes a recordable document, in a form approved by the City Attorney, indicating that notwithstanding apparent vacation of the easement, the building or structure may be subject to the superior interest of the easement holder and may be required to be relocated at the property owner's expense to accommodate such interests.
(a) Location: Any building or structure in an easement area shall be located pursuant to the setback and other applicable requirements of this title.
(b) No expansion of legal rights: Nothing in this section is intended to expand or restrict the rights or obligations of any party to any recorded easement.
(2) Buildings or structures that are located in a location where utilities are or may be constructed aboveground, buildings and structures may be built or provided at least:
(a) Fifteen feet clearance is maintained between any part of the building structure and utility lines; and
(b) Five feet clearance is maintained between the building structure and any utility pole. The owner shall agree to make utility accommodation, up to and including removal of the building or structure, if necessary, at his/her own expense, if future utility placement, replacement or maintenance require such action and with the city or franchised utility bearing no liability for any cost incurred.
(3) Retaining walls shall not be placed upon any public utility easements unless the Director or designee determines the retaining wall will not unreasonably interfere with the public utility easement and approve the retaining wall in writing.
Projections into Required Yards
(Prior Code, § 29.05 .080) (Ord. 07-13, passed 7-19-2007; Ord. 20-12, passed 7-2-2020; Ord. 24-02, passed 1-18-2024)
§ 156.343 ADDITIONAL HEIGHT ALLOWED.
Public and quasi-public utility buildings, when authorized in a district, may be erected to a height greater than the district height limit by conditional use permit.
(Prior Code, § 29.05.090) (Ord. 07-13, passed 7-19-2007)
§ 156.344 EXCEPTIONS TO HEIGHT AND STORY LIMITATIONS.
(A) Height. Penthouse or 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, smokestacks, water tanks, wireless or television masts, theater lofts, silos or similar structures may be erected above the height limits herein prescribed, but no space above the height limit shall be allowed for purposes of providing additional floor space.
(B) Story.
(1) In instances where sufficient grade slope allows for the main story of an accessory building to be accessed from ground level at the highest ground elevation and the lower story accessed from the opposing side of the building at the lowest ground elevation, a two-story accessory building shall be allowed.
(2) The following location and height standards and regulations apply on a sloping site to qualify for a two-story accessory building.
(a) Accessory building location shall be located within the required building setbacks as illustrated herein.
(b) Accessory building height is measured as the vertical distance from the average ground elevation along the sloping or terraced exterior building wall to the highest point of the building as illustrated herein.
(c) For the purpose of measuring the highest point of the building the average ground elevation is the mid-point between the highest and lowest ground elevations along the sloping or terraced exterior building wall as illustrated herein.
(d) Buildings on slopes greater than 15% grade are required to complete and submit structuring engineering for the building.
(The figure for accessory building locations on a sloping sites shall continue on the following page.)
Accessory Building Location on a Sloping Site
Accessory Building Height on a Sloping Site
(Prior Code, § 29.05.100) (Ord. 07-13, passed 7-19-2007; Ord. 22-05, passed 3-17-2022)
§ 156.345 CANNABIS PRODUCTION ESTABLISHMENT AND MEDICAL CANNABIS PHARMACY.
(A) A cannabis production establishment:
(1) Unless waived by the state’s Department of Agriculture and Food, may not be located within 600 feet of any residential zone or within 1,000 feet of any community location, measured from the nearest entrance to the cannabis production establishment following the shortest ordinary route of pedestrian travel to the boundary of the community location or residential zone;
(2) Shall be operated entirely within an enclosed building;
(3) Shall be designed to filter inside air exchanges to the outside through air filter systems that remove dust, fumes, vapors, odors or waste from air that exits the building;
(4) Shall maintain any exterior brick in an unpainted condition and leave brick in its natural color to avoid drawing attention to the structure;
(5) Exterior materials that are not brick, glass or transparent or translucent greenhouse materials intended to allow natural light into the interior of the structure shall be painted white, brown, or a similar color to avoid drawing attention to the structure;
(6) Shall obtain a city business license before conducting business within the city; and
(7) Shall meet the minimum land use requirements for the zone in which it is located.
(B) A medical cannabis pharmacy:
(1) Unless waived by the state’s Department of Health, shall be located no closer than 600 feet from the border of any residential zone and 200 feet from any community location, measured from the nearest entrance to the cannabis pharmacy establishment following the shortest ordinary route of pedestrian travel to the boundary of the community location or residential zone;
(2) Shall not have drive-through service;
(3) Shall not have outdoor seating or seating areas;
(4) Shall not have outdoor vending machines of any kind;
(5) Shall have one public entry door at the front of the building facing the street;
(6) Shall not darken or cover any windows on the front of the building, but shall maintain windows clear and allow visibility into the pharmacy from the street;
(7) Shall not have cannabis products visible from outside the medical cannabis pharmacy;
(8) Shall not have bars on windows;
(9) Shall maintain any exterior brick in an unpainted condition and leave brick in its natural color in order to avoid drawing attention to the building;
(10) Exterior materials that are not brick or glass shall be painted white, brown or a similar color to avoid drawing attention to the structure;
(11) Shall be designed to filter inside air exchanges to the outside through air filter systems that remove dust, fumes, vapors, odors or waste from air that exits the building;
(12) Shall meet the minimum land use requirements for the zone in which it is located;
(13) Shall obtain a city business license before conducting business within the city; and
(14) Shall limit the hours of operation it is open to the public to 9:00 a.m. to 7:00 p.m.
(Prior Code, § 29.05.110) (Ord. 07-13, passed 7-19-2007; Ord. 19-20, passed 11-7-2019)
§ 156.346 FENCES AND WALLS.
(A) Fences and walls may be erected or allowed as limited or exempted herein; and, provided that, any fence or wall over three feet in height shall require a fence permit and if over six feet in height, be designed to withstand anticipated wind loads, as defined within the current adopted Building Code. The Community Development Director or designee shall be the Land Use Authority for all fences and walls, except as otherwise noted in this section. For fences, retaining wall or other landscape features greater than three feet in height the following shall apply:
(1) When sidewalk is present, a fence, retaining wall or other landscaping features may be placed up to one foot of the location of the sidewalk; and
(2) When no sidewalk is present, a fence, retaining wall or other landscaping features may be placed in such a manner that it will be located no closer than one foot to future sidewalk location.
(B) Limitations are as follows:
(1) No private fence or wall shall be erected, allowed or maintained on public property without city approval. Such approval may be granted by the City Council under the following circumstances:
(a) The applicant is the owner of the adjacent property for which the fence or wall approval is sought;
(b) The public property involved is a city street;
(c) When no sidewalk is present, the fence or wall will be placed in such a manner that it will be located no closer than one foot to future sidewalk location;
(d) When sidewalk is present, the fence or wall may be placed to within one foot of the location of the sidewalk;
(e) The portion of the public right-of-way between the fence or wall and the curb when curb is present, or between the fence or wall and the travel way when no curb is present, shall be maintained by the adjacent property owner;
(f) All other provisions of the city code apply; and
(g) The owner will sign a document prepared by the City Attorney agreeing to hold the city harmless from liability arising as a result of the placement of the fence or wall on public property.
(2) On interior lots:
(a) In side and rear yards, and that portion of the front yard between the front plane of the house and the required front yard setback, fences and walls shall be allowed to a maximum height of six feet as illustrated herein; and
(b) In the required front yard setback, fences and walls shall be allowed to a maximum height of four feet. A property owner may erect a six-foot fence in the required front yard setback along a common property line that is the back yard of an adjacent property; provided, all other provisions of this chapter are met.
(3) On corner lots:
(a) In side and rear yards, and that portion of the front yard between the front plane of the house and the required front yard setback, fences and walls shall be allowed to a maximum height of six feet; except that, in street-facing side and rear yards which back onto front yards of adjoining lots, fences and walls shall be limited to a maximum height of six feet as illustrated herein; and
(b) In the required front yard setback, fences and walls shall be allowed to a maximum height of four feet. A property owner may erect a six-foot fence in the required front yard setback along a common property line that is the back yard of an adjacent property; provided, all other provisions of this chapter are met.
Interior and Corner Lot Limitations
(C) The height limitations for fences and walls are further limited as follows:
(1) In any district requiring a front yard, no obstruction to view above three feet and below seven feet in height shall be permitted on any corner lot within a triangular as per § 156.353 of this chapter.
(2) Where a fence or wall is erected on or within five feet of a property line, upon a retaining wall or where for other reasons there is a difference in the elevation of the surface of the land on either side of a fence, height of the fence shall be measured from a point halfway between the top of the retaining wall and the land on the lower side or from the average elevation of the surface of the land on either side and within ten feet of the fence, but nothing herein contained shall be construed to restrict the fence or wall to less than four feet in height measured from the surface of the land on the side having the highest elevation.
(D) Temporary fences may be approved by the Director or designee for the following conditions:
(1) For the purpose of protecting or securing site construction with an active demolition permit, building permit, special event permit or other similar type of permit;
(2) For the purpose of protecting or securing an attractive nuisance, dangerous or unsafe property deemed by the Director or designee;
(3) The duration of a temporary fence shall be stated in the required fence permit; and
(4) Temporary fencing may be up to six feet in height.
(E) (1) Fences and walls shall be constructed according to the local building code and consist of durable industry standard materials including:
(a) Cedar, douglas fir, redwood or pressure-treated wood products;
(b) Vinyl (Polyvinyl chloride) fencing products;
(c) Natural boulder, rock or stone products;
(d) Prefabricated masonry block, brick or stone products;
(e) Cast in place or precast concrete products; and
(f) Wrought iron, welded wire mesh, aluminum or galvanized chain link products.
(2) Fence and wall materials that may not be permitted include:
(a) Tarps, or fabrics, stacked refuse or discarded debris, manufactured wood pallets, chipboard, particle board, or plywood;
(b) Barbed wire or electrically charged fencing unless located in the agricultural zoning district or approved by the Land Use Authority through a separate land use application; and
(c) Razor wire fencing unless approved by the Land Use Authority through a separate land use application.
(F) The property owner is responsible to maintain, repair, remove or replace fencing, walls or other similar features for screening deemed unsafe or structurally unsound by the Director or designee.
(G) The Planning Commission may grant an exception to the height limits contained in this subchapter for fences or walls surrounding tennis courts, swimming pools, schools or other special type facilities, where it is shown that the normal use or level of protection requires a greater height for safety or other reasons; provided, however, that, the rights of adjoining property owners are equally considered.
(Prior Code, § 29.05.130) (Ord. 07-13, passed 7-19-2007; Ord. 22-10, passed 9-1-2022; Ord. 22-19, passed 9-1-2022)
§ 156.347 WATER AND SEWAGE REQUIREMENTS.
In all cases where a proposed building or proposed use will involve the use of sewerage facilities, and a connection to a public sewer system, as defined by the state’s Department of Environmental Quality, is not available, and in all cases where a connection to a public water system approved by the state’s Department of Environmental Quality is not available, the sewage disposal and the domestic water supply shall comply with the requirements of such Department and of the local Board of Health, and the application for a building permit shall be accompanied by a certificate of approval from said Board or Department.
(Prior Code, § 29.05.140) (Ord. 07-13, passed 7-19-2007)
§ 156.348 DRINKING WATER SOURCE PROTECTION REQUIREMENTS.
§ 156.349 CURBS, GUTTERS AND SIDEWALKS.
The installation of curbs, gutters and sidewalks of a type approved by the governing body shall be required on any existing or proposed street adjoining a lot on which a building new primary structure is to be constructed (except accessory buildings) or remodeled, or on which a new use is to be established. Such curbs, gutters and sidewalks shall be required as a condition of building or use permit approval.
(Prior Code, § 29.05.160) (Ord. 07-13, passed 7-19-2007)
§ 156.350 EFFECT OF OFFICIAL MAP.
Wherever a front yard is required for a lot facing on a street for which an official map has been recorded, the depth of such front yard shall be measured from the mapped street line provided by the official map.
(Prior Code, § 29.05.170) (Ord. 07-13, passed 7-19-2007)
§ 156.351 LOTS AND DWELLINGS ON PRIVATE STREETS; SPECIAL PROVISIONS.
Lots with frontage on private streets only shall be allowed by conditional use permit or planned unit development procedure only, and subject to all applicable requirements of this chapter and Chapter 155 of this code of ordinances.
(Prior Code, § 29.05.180) (Ord. 07-13, passed 7-19-2007)
§ 156.352 FAMILY SWIMMING POOLS.
(A) A FAMILY SWIMMING POOL is defined as any structure or container holding water to a depth of 18 inches or greater and having either a diameter or diagonal measurement of ten feet or greater.
(B) A family swimming pool shall be permitted in the side and rear yard of a dwelling as an accessory use; provided, the following requirements are met.
(1) The location of such family swimming pool or accessory machinery shall not be less than ten feet from any interior property line. On corner lots, the distance from said pool to the property line facing on a street shall not be less than the required side yard for any accessory building in that zone.
(2) An outside family swimming pool shall be completely enclosed by a substantial barrier of not less than six feet in height, and any lights used to illuminate said pool or its accessories shall be so arranged as to reflect the light away from adjoining premises. A SUBSTANTIAL BARRIER shall mean any barrier that would not allow passage by any person, except by means of a lockable gate.
(Prior Code, § 29.05.190) (Ord. 07-13, passed 7-19-2007)
§ 156.353 CLEAR VIEW OF INTERSECTING STREETS.
(A) In addition to the other provisions contained in this chapter, a clear view at the intersection of two streets shall be maintained within a triangular area formed by the existing or future back-of-curb lines extended and a line connecting them at points 50 feet from the intersection of such lines; or, the property lines and a line connecting them at points 30 feet from the intersection of such lines; whichever is the least restrictive as shown herein. To maintain this clear view, the following standards shall apply, except for the exceptions noted in division (D) below.
(1) No solid-type fence or other visual obstructions between three feet and seven feet in height from the street elevation (measured from the elevation of the adjoining sidewalk) shall be allowed.
(2) Open-type fences or other obstructions which are at least 50% transparent are allowed to a height of four feet though they must be maintained to permit clear and unobstructed view.
(3) Pruning of trees is required to maintain an overhang at least seven feet above the elevation of the adjoining sidewalk or street when no sidewalk is present in the clear view area.
Intersection of Two Streets
(B) A clear-view area shall also be maintained at the intersection of a street and a private drive within a triangular area formed by a diagonal line connecting the line of the back side of the sidewalk and the line of the edge of the private drive at points ten feet from the projected intersection of such lines and a rectangular area extending from the two points of the triangular area at the location of the sidewalk to the curb of the street as shown herein. When no sidewalk is present, the measurement shall be taken from the property line along the street right-of-way as shown herein. In order to maintain this clear view, the standards outlined in divisions (A)(1), (A)(2) and (A)(3) above shall apply.
Private Drive and Street (Sidewalk)
Private Drive and Street (No Sidewalk)
(C) The owner of any fence or wall shall have the duty and be required to properly maintain the same by painting, treating, trimming, repairing or removal.
(D) Exceptions to this section include:
(1) Reasonable number of posts, telephone or power poles, pruned trees and pedestal type identification signs; and
(2) Commercial structures, designated parking stalls, signs and other obstructions located at controlled intersections within the GC (General Commercial) or CBD (Central Business District) Zoning Districts. A controlled intersection for purposes of this section includes a posted four-way stop sign intersection, three-way stop sign intersection at a “T” intersection or signalized stop light intersection.
(Prior Code, § 29.05.200) (Ord. 07-13, passed 7-19-2007; Ord. 09-18, passed 12-3-2009; Ord. 15-02, passed 1-15-2015)
§ 156.354 TELEVISION SATELLITE ANTENNAS.
Building permits are required for television satellite antennas and shall comply with the following regulations: exception: antennas 30 inches or less in diameter are not regulated by this section.
(A) Location.
(1) All television satellite antennas shall have setbacks as required for accessory building, except as further limited herein, if free-standing. The setback shall be measured from the property lines to the nearest point of the antenna. The distance for rotating antennas shall be measured from the nearest point of the antenna in its closest rotational configuration.
(2) In any commercial or manufacturing zone, such antenna may be located on the roof or in the rear or side yards; but shall only be permitted in the front yard or in a side yard facing the street on a corner lot, by approval of the Appeal Authority when a usable satellite signal cannot be obtained in an otherwise approved location.
(3) Pad-mounted television satellite antennas shall only be located in the rear yard of any lot in any residential zone.
(C) Antenna height. No antenna shall exceed the height limitation in its respective zone.
(D) Construction standards.
(1) All antennas shall be erected in a secure and wind-resistant manner.
(2) Every antenna must be adequately grounded for protection against a direct strike of lightning.
(3) All antennas in a residential zone shall be located and designed to reduce the visual impact from surrounding properties at street level and from public streets.
(E) Temporary television satellite antennas. Temporary television satellite antennas may be located on property for up to a total of 30 days without being subject to the provisions of this chapter.
(Prior Code, § 29.05.210) (Ord. 07-13, passed 7-19-2007)
§ 156.355 USES NOT LISTED.
Within any zoning district, the Community Development Director or designee shall have the authority to identify and categorize unlisted uses within the listed permitted or conditional uses, based on a finding of substantial similarity of character, origin and impact and the like, to a listed use, and when so categorized such use shall thereafter be recognized and treated the same as a listed use.
(Prior Code, § 29.05.220) (Ord. 07-13, passed 7-19-2007)
§ 156.356 PUBLIC UTILITY INSTALLATIONS EXEMPT FROM CERTAIN ZONING REQUIREMENTS.
The Planning Commission may exempt public utilities from lot area, width and frontage regulations contained within the zoning district regulations of this chapter upon a finding that such exemption:
(A) Will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity;
(B) The proposed use will comply with all other regulations and conditions specified in this chapter for such use;
(C) Such exemption will not substantially adversely affect the General Plan or intent of the zoning district in which the use is proposed; and
(D) In the particular case for which the exemption is requested, adherence to lot area, width and frontage regulations is unnecessary in order to carry out the intent of the General Plan.
(Prior Code, § 29.05.230) (Ord. 07-13, passed 7-19-2007)
§ 156.357 BED AND BREAKFAST SPECIAL CONDITIONS.
The following regulations and site standards govern the approval and operation of bed and breakfast facilities within residential and commercial zoning districts. Bed and breakfast facilities may be allowed by conditional use permit where the applicant can show evidence of compliance with outlined standards and procedures and where there is a clearly minimal impact on adjacent residential properties and neighborhoods.
(A) Requirements for approval.
(2) The granting of a conditional use permit for a bed and breakfast facility shall not exempt the application from meeting other applicable ordinances, covenants, codes or laws recognized by the city. The following pre-conditions and documentation are required.
(a) Along with a conditional use application, a letter of application sworn before a notary public shall be provided by the owner(s) stating that such owners or a live-in residential manager, pursuant hereto, will occupy the said facility, except for bonafide temporary absences. Said letter shall be recorded in the office of the County Recorder, with a certified copy to accompany the building permit application;
(b) The effective period of the conditional use permit for bed and breakfast facilities shall be two years from December 31 of the calendar year of the original permit. At the end of every two years thereafter, renewal of the conditional use permit shall be automatically granted upon receipt of the Community Development Department of certification by the property owner that the property remains the principal residence of the owner or live-in residential manager, pursuant to part division (B)(1) below, and that all other conditions required at the time of approval remain unchanged. Notification shall be sent to the owner for response. Failure to obtain such certification may be the basis for revocation of the conditional use permit. The Planning Commission, at its discretion, may require a new application and a demonstration of compliance with all conditions necessary for a conditional use permit;
(c) Building plans or a floor plan (one-fourth inch to the foot) showing the bed and breakfast facility shall be provided; and
(d) Plans for proposed signs, showing proposed size, location, materials and appearance of the proposed sign or signs.
(B) Development standards and requirements for bed and breakfast facilities.
(1) In R-1-20, R-1-12, R-1-10 and R-1-8 Zoning Districts, the bed and breakfast facility shall be occupied by the owner(s) of the property, except for bonafide temporary absences. In all other zoning districts where bed and breakfast facilities are allowed, a live-in residential manager may be permitted at the discretion of the Planning Commission as a condition of approval. In such cases, the bed and breakfast facility shall be occupied by the residential manager except for bonafide temporary absences. A change in ownership will necessitate the request of a new condition use permit.
(2) Bed and breakfast facilities in R-1-20, R-1-12, R-1-10, and R-1-8 shall be limited to a maximum of four guest sleeping rooms per dwelling. The maximum number of guest sleeping rooms in bed and breakfast facilities located in other zoning districts shall be determined by the Planning Commission on an individual basis through the conditional use process.
(3) In R-1-20, R-1-12, R-1-10 and R-1-8 Zoning Districts, only one bed and breakfast facility shall be allowed per block, unless the Planning Commission determines that extraordinary circumstances warrant a greater number.
(4) The bed and breakfast facility shall be located on a parcel of sufficient size to accommodate the structure or structures, the number of people using the facility, parking areas, open space areas and the like.
(5) The bed and breakfast facility shall be designed, or existing structure modified, so that to the degree reasonably feasible the appearance of the structure remains as a residential dwelling. Unique architecture is encouraged, where possible, in keeping with the local area.
(6) Signage for a bed and breakfast facility shall comply with the sign standards for the district in which the bed and breakfast facility is located. The Planning Commission may also dictate materials and appearance of the sign in order to protect the residential nature of the neighborhood in which the bed and breakfast is located.
(7) The development parcel for the bed and breakfast shall include appropriate setbacks, buffering and landscaping to mitigate impacts on adjoining residential properties.
(8) Two parking spaces shall be provided for the host family. At least one off-street parking space shall be provided for each guest room in addition to needed parking for owners/employees of the facility. All required parking shall be subject to front yard setback standards for the district in which the bed and breakfast facility is located.
(9) The design and size of the bed and breakfast facility shall conform to all applicable Fire, Building and Health Codes. The facility shall be licensed in conformance with all city ordinances.
(Prior Code, § 29.05.240) (Ord. 07-13, passed 7-19-2007)
§ 156.358 KEEPING OF RESIDENTIAL FOWL.
The purpose of this section is to provide regulations for the keeping of residential fowl within certain residential districts. Fowl shall be kept in a way that will ensure the continued health and well- being of the residents of the city while allowing a more self-sustaining method of living.
(A) Types of fowl not allowed. Male chickens and chicken crowing hens, guineafowl, emu, ostrich, peacock, and turkey. Fowl are not considered household pets.
(B) Residential districts. Residential fowl are allowed in the R-M-7, R-1-6, R-1-8, R-1-10, R-1-12, R-M-15, R-1-20, R-M-30, R-1-40, GC, and CBD Districts and shall be further limited to single-family dwelling units which have a separate legal lot or parcel of record.
(C) Permit.
(1) A permit is required for the keeping of fowl.
(2) The permit is a one-time permit. There shall be no "grandfathering" or legal nonconforming use property rights arising from the permit.
(3) The permit cost is as set forth in resolution.
(4) Each fowl owner is required to read the supplemental educational materials supplied by the city.
(D) Allowed number of fowl.
(1) A minimum lot size of 6,000 square feet is required for the keeping of fowl. The minimum number of fowl permitted on any lot is four, for the social wellness of the fowl. The permitted number of fowl is as follows:
6,000 sq. ft. | 4 fowl |
8,000 sq. ft. | 6 fowl |
10,000 sq. ft. | 8 fowl |
14,000 sq. ft. | 10 fowl |
20,000 sq. ft. | 12 fowl |
(2) No more than 12 fowl will be permitted on any lot.
(E) Containment and protection.
(1) Fowl shall be provided with a predator-proof coop with a minimum of two and one-half square feet per fowl.
(2) Coops shall not be larger than 200 square feet unless a building permit is issued for its construction.
(3) Coops and pens shall be no taller than eight feet in height and shall be located in the back yard. On corner lots, the side yard which faces the street, the coop and pen shall not be within the 20-foot side yard setback from property line.
(4) Coops and pens shall be a minimum of five feet from the property line and 25 feet from the nearest residential dwelling. There is no minimum distance between the coop and the property owner's dwelling unless the coop is larger than 200 square feet.
(5) There shall be an enclosed area for a run with a minimum of five square feet per fowl. A securely fenced rear yard is acceptable for the run. Fowl shall not be allowed out of the run or to roam free outside a fenced area.
(6) It is unlawful for the owner of any fowl to permit such fowl to trespass or go upon the premises of another or to run at large on any public roadway, public property or public park.
(7) It is unlawful for the owner of any fowl to release such fowl upon the premises of another or upon any public property or public park.
(F) Sanitation and maintenance.
(1) All coops and runs shall be kept in a clean condition and free from objectionable odor.
(2) No such odor shall be detectible at the property line. All food shall be kept in a rodent-proof container.
(3) Feathers, food, droppings, and used litter shall be disposed of in a sanitary way. Droppings may be used as compost.
(G) Business or gain.
(1) The keeping of residential fowl shall not be used as a business or for monetary gain.
(2) There shall be no sale or income resulting from the keeping of fowl, including the sale of eggs.
(H) Slaughtering and removal.
(1) The slaughtering of fowl shall not be conducted on the premises at any time.
(2) Dead fowl and unused eggs shall be removed and disposed of in a sanitary manner within 24 hours.
(I) Conflict. This section shall not nullify the more restrictive provisions of covenants, conditions and restrictions for subdivisions, but shall prevail notwithstanding such provisions which are less restrictive.
(J) Revocation. A permit may be revoked for cause and may also be revoked where a complaint is made to the city regarding nuisance, noise, odor or other violation of this section due to fowl as verified by a City Animal Control Officer, and the owner of the property at issue fails to mitigate such nuisance, noise, odor or other violation to the city's satisfaction.
(Prior Code, § 29.05.250) (Ord. 07-13, passed 7-19-2007; Ord. 11-11, passed 5-19-2011; Ord. 13-01, passed 1-17-2013; Ord. 25-02, passed 1-16-2025)
§ 156.359 VACATION RENTAL SPECIAL CONDITIONS.
The following regulations and site standards govern the approval and operation of vacation rental facilities within residential and commercial zoning districts. Vacation rental facilities may be allowed by conditional use permit where the applicant can show evidence of compliance with outlined standards and procedures and where there is a clearly minimal impact on adjacent residential properties and neighborhoods. The purpose of a vacation rental is to allow an existing dwelling to be used and occupied as a short-term rental for vacationers and maintain its character and function as a residential dwelling.
(A) Requirements for approval.
(2) The granting of a conditional use permit for a vacation rental facility shall not exempt the application from meeting other applicable ordinances, covenants, codes or laws recognized by the city. The following pre-conditions and documentation are required:
(a) Along with a conditional use application, a letter of application sworn before a notary public shall be provided by owner(s) stating that such owner(s) live within the city limits of the said vacation rental;
(b) Floor plan of the dwelling; and
(c) Site plan of the property.
(B) Standards and requirements for vacation rental facilities.
(1) The owner of the vacation rental shall live within the city limits, except for bonafide temporary absences. A change in ownership will necessitate the request of a new condition use permit. For the purpose of this subchapter a bonafide temporary absence shall mean for a period of up to three years. During the temporary absence of the owner(s), a manager who lives within the city limits shall manage the rental for the owner(s).
(2) A vacation rental shall be limited to two adult guests per bedroom and children as accommodations permit and by the Planning Commission on an individual basis through the conditional use process.
(3) The vacation rental floor plan and principal function shall remain as a residential dwelling as to be used for its main purpose when not used as a vacation rental.
(4) Signage for a vacation rental facility is prohibited to maintain its appearance as a residential dwelling.
(5) At least two off-street parking spaces shall be provided for each vacation rental. All required parking shall be subject to front yard setback standards for the district in which the vacation rental facility is located.
(6) The vacation rental facility shall conform to all applicable Fire, Building and Health Codes. The facility shall be licensed in conformance with all city ordinances.
(7) (a) The effective period of the conditional use permit for vacation rental facilities shall be from year to year to verify ownership and residency. At the end of each business license year thereafter, renewal of the conditional use permit shall be automatically granted upon receipt of the community and Economic Development Department of certification by the property owner that the property owner remains the owner of the vacation rental and continues to live within the city limit, and that all other conditions required at the time of approval remain unchanged.
(b) The owner is responsible to provide said information with the business licenses renewal form. Failure to obtain such certification may be the basis for revocation of the conditional use permit. The Planning Commission, at its discretion, may require a new application and a demonstration of compliance with all conditions necessary for a conditional use permit.
(Prior Code, § 29.05.260) (Ord. 07-13, passed 7-19-2007; Ord. 12-16, passed 12-6-2012)
§ 156.360 ACCESSORY DWELLING UNITS.
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ATTACHED. One of the following:
(a) A shared wall with any portion of the primary dwelling, expanding the primary dwelling footprint with no separation of space between the internal accessory dwelling unit and the primary dwelling as illustrated as a potential variation herein; or
(b) A roof attached to the primary dwelling, expanding the primary dwelling footprint with an allowance for separation of space between the internal accessory dwelling unit wall and the primary dwelling as illustrated as a potential variation herein.
DETACHED ACCESSORY DWELLING UNIT. An accessory dwelling unit created:
(a) As a stand-alone permanent structure with typical footing and foundation, not attached to the primary dwelling and provides fully connected utility services to the unit. Campers, recreational vehicles, recreational coaches, trailers, mobile homes and other portable units or structures are not considered a permanent structure for the purpose of this definition;
(b) As an entirely separate unit or constructed as part of an existing accessory structure, such as a detached garage as illustrated as a potential variation herein;
(c) For the purpose of offering a long-term rental of 30 consecutive calendar days or longer;
(d) Located on the same lot of record as the primary dwelling; and
(e) Includes separate dedicated kitchen and bathroom facilities for the exclusive use of the accessory dwelling unit occupants.
INTERNAL ACCESSORY DWELLING UNIT. An accessory dwelling unit created:
(a) Within an existing primary dwelling;
(b) Provided within the footprint of the existing primary dwelling at the time the internal accessory dwelling unit is created;
(c) For the purpose of offering a long-term rental of 30 consecutive calendar days or longer;
(d) Located on the same lot of record as the primary dwelling; and
(e) Includes separate dedicated kitchen and bathroom facilities for the exclusive use of the internal accessory dwelling unit occupants.
PRIMARY DWELLING. A single-family dwelling that:
(a) Is detached; and
(b) Is occupied as the primary residence of the owner of record.
RESIDENTIAL UNIT. A residential structure or any portion of a residential structure that is occupied as a residence.
SHORT-TERM RENTAL. A residential unit or any portion of a residential unit that the owner of record or the lessee of the residential unit offers for occupancy for less than 30 consecutive calendar days.
(B) Accessory dwelling units allowed in certain zoning districts.
(1) A maximum of one accessory dwelling unit shall be allowed for each primary dwelling or in a detached accessory dwelling unit associated with a primary dwelling as a permitted use in the MU-40, MU-80, MU-160, A-1, A-5, RR-1, RR-5, R-1-10, R-1-8, R-1-6, R-M-7, R-M-15, R-M-30, GC and CBD Zoning Districts; provided, the accessory dwelling unit complies with all the requirements of this chapter.
(2) Only one accessory dwelling unit is allowed per lot of record.
(3) The accessory dwelling unit and the primary dwelling shall be on the same lot of record, shall not be subdivided, and shall not be sold separately.
(C) Accessory dwelling unit requirements.
(1) Before occupancy, city officials shall confirm the accessory dwelling unit complies with all applicable building, health, and fire codes, as adopted.
(2) Utilities and meters.
(a) The accessory dwelling unit shall be served by the utility (electrical, water, sewer, and gas) and utility meter serving the primary dwelling. Propane fuel or propane tank is not allowed for the primary heating source.
(b) An exception to allow a separate water and/or sewer connection from the primary dwelling may be filed with the land use application to be reviewed and considered. If approved, the standard connection fee is required.
(c) Impact fees are required for all detached accessory dwelling units.
(d) All detached accessory dwelling unit utilities shall be placed underground.
(e) No accessory dwelling unit shall be permitted if it is determined that there is not adequate utilities to service the property.
(D) Appearance.
(1) Detached accessory dwelling unit. The detached accessory dwelling unit shall:
(a) Be designed to have the same or similar design as the primary dwelling’s architectural character and color by using similar exterior building materials, window types, door and window trims, roofing materials, and roof pitch as illustrated in the figure in (D)(2) below; or
(b) Be designed to appear as a dwelling with characteristics of modern architectural designs and exterior wall and roof coverings that are in compliance with residential building code regulations, consistent with residential industry building standards, and is complimentary to adjoining properties and surrounding area.
(2) Internal accessory dwelling unit. Except for any access door, the internal accessory dwelling unit shall be designed not to change the appearance of the primary dwelling as a single-family dwelling.
(E) Required off-street parking.
(1) One additional on-site hard-surface (concrete, asphalt or pavers) parking space shall be provided for the exclusive use of the accessory dwelling unit, regardless of whether the primary dwelling is existing or new construction. If three or more parking spaces exist, one space can be designated for the exclusive use of the accessory dwelling unit.
(2) The accessory dwelling unit parking space shall be located outside of any front yard setback area as illustrated as a potential variation herein.
(F) Alternative off-street parking.
(1) An existing primary dwelling with both side yard setbacks, each less than nine feet in width may allow the additional required on-site parking space in the front yard setback; provided, the location of the parking space be adjacent to and abutting the existing driveway in the following order of priority. (See figure below.):
(a) On exterior side of driveway between the driveway and side property line; and
(b) On interior side of driveway and not greater in width than ten feet.
(2) An existing primary dwelling with a single car garage or carport with an existing or proposed side yard parking space outside of the front yard setback may allow the additional required on-site parking space in the front yard setback; provided, the location is directly behind the side yard parking space as a tandem space. (See figure below.)
(3) (a) An existing primary dwelling with a driveway that extends along the side yard to access an existing detached garage or carport may allow the additional required on-site parking space in the front yard setback; provided, the location of the parking space be adjacent to and abutting the existing driveway and not greater in width than ten feet. (See figure below.)
(b) A primary dwelling with a rear yard detached garage may allow the additional required on-site parking space in the driveway behind the front yard setback; provided that, primary dwelling parking ingress and egress are not obstructed. (See Figure below.)
(4) The accessory dwelling unit parking space shall not be located within the clear view area on a corner lot.
(5) Drive approaches and curb cuts shall comply with the city’s Public Works Standards.
(6) A primary dwelling located within a homeowner’s association that restricts parking in the front yard setback or common area is permissible as an acceptable alternative under the figure in division (F)(3)(b) above; provided, the applicant has the homeowner’s association’s written approval.
(7) When an accessory dwelling unit is created through the conversion of a garage or carport, the parking spaces provided by the garage or carport shall be replaced at a location on the lot, provided they are located outside of any front yard setback area.
(G) Prohibited uses.
(1) No portion of a mobile home, or mobile home park or subdivision, as defined in U.C.A. § 57-16-3, Utah Code and Chapter 29.02, Brigham City Code, shall be used as an accessory dwelling unit.
(2) An accessory dwelling unit is prohibited if it will be served by a failing septic tank, as determined by the city or the county’s Health Department.
(H) Permits and license required.
(1)
A land use application shall be filed with the city to create or establish an accessory dwelling unit.
(2) No construction to create or establish an accessory dwelling unit shall commence without the issuance of the necessary building permits and zoning approval, as required by the city.
(3) The owner of the primary dwelling shall obtain an approved rental business license issued by the city, before the accessory dwelling unit is rented. Such license shall remain valid and shall be renewed, as required by the city.
(I) Recordation required.
(1)
A notice of record shall be recorded in the office of the Box Elder County Recorder that provides:
(a) A description of the primary dwelling;
(b) A statement that the primary dwelling or primary dwelling lot of record contains an accessory dwelling unit; and
(c) A statement that the accessory dwelling unit may only be used in accordance with the city’s land use regulations.
(2) Upon recording the notice described in division (I)(2) above, the city shall deliver a copy of the notice to the owner of the accessory dwelling unit.
(J) Owner-occupancy required. The owner of the primary dwelling shall reside on the property, either occupying the primary dwelling or accessory dwelling unit.
(K) Addition to primary dwelling for purpose of creating an internal accessory dwelling unit. The footprint of an existing primary dwelling may be increased to create an internal accessory dwelling unit provided the following are met.
(1) The existing primary dwelling, all existing accessory structures, and the lot upon which the primary dwelling is located are all in compliance with the city’s Land Use Ordinances, Building Codes and other ordinances and requirements, as applicable.
(2) The proposed addition to create an internal accessory dwelling unit meets all requirements of being “attached” to the primary dwelling.
(3) The location of the proposed addition to the primary dwelling complies with all requirements of the city’s Land Use Ordinances, including compliance with required yard setbacks and height.
(4) Required parking for the internal accessory dwelling unit can be provided as required by this section.
(5) A valid building permit is issued authorizing the proposed construction.
(6) The proposed internal accessory dwelling unit will comply with all requirements of this section.
(L) Short-term rental prohibited. An accessory dwelling unit shall not be rented or occupied for a period of less than 30 consecutive calendar days. It is prohibited for any accessory dwelling unit to be used as a short-term rental unit.
(M) Size, height and area restrictions.
(1) Detached accessory dwelling unit. A detached accessory dwelling unit shall:
(a) Not be less than 300 square feet or more than 1,000 square feet;
(b) Not occupy more than 25% of the rear yard area of the lot;
(c) Meet all accessory building standards for lot coverage, rear yard coverage, height and any other standards for the zone in which it is located;
(d) Be limited to 20 feet in height to the peak of roof when located outside of the primary dwelling buildable area illustrated in the figure in division (M)(1)(f) below;
(e) Be limited to one story, except when located:
1. One floor level above a detached garage as a second story when located inside of the primary dwelling buildable area illustrated in the figure in division (M)(1)(f) below;
2. Within the attic space as a loft of a one-story detached accessory structure located outside of the primary dwelling buildable area illustrated in the figure in division (M)(1)(f) below; or
3. Within the primary dwelling buildable area illustrated in the figure in division (M)(1)(f) below, a two-story detached accessory dwelling unit may be located.
(f) Be located within 150 feet of a fire apparatus access road as defined by the Internal Fire Code.
(2) Internal accessory dwelling.
(a) An internal accessory dwelling unit has no restriction or requirement governing:
1. The size of the internal accessory dwelling unit in relation to the primary dwelling;
2. Total lot size; or
3. Street frontage.
(b) The primary dwelling is subject to the lot coverage, height and any other standards for the zone in which it is located.
(N) Yard regulations (setbacks).
(1) Detached accessory dwelling unit. A detached accessory dwelling unit shall meet all accessory building standards for the zone in which it is located and, if it qualifies for second story under exception in division M.1.e., shall meet all standards for inside of the primary dwelling buildable area as illustrated in the figure in division (M)(1)(f) above. Exception: an accessory structure to be used as a detached accessory dwelling unit that existed prior to 12-18-2014 (Ord. 14-16), and meets all other required standards can be located within the five-foot side yard setback provided the following standards are satisfied:
(a) The structure has a firewall with no openings;
(b) No closer than two feet from the property line;
(c) Not located in a utility easement; and
(d) Privacy standards in division (F) above.
(2) Internal accessory dwelling unit. The primary dwelling is subject to the yard regulations (setbacks) for the zone in which it is located.
(O) Privacy. The following privacy standards and requirements shall apply to all detached accessory dwelling units:
(1) Installation of fencing to buffer and mitigate the impact of the unit location, parking areas and unit entrances from adjoining properties. Fencing shall be a six-foot tall solid visual barrier and shall comply with applicable fencing requirements beginning at the front yard setback abutting side and rear yard property lines as illustrated herein;
(2) Windows on a detached accessory dwelling unit located above a detached garage facing adjoining properties are prohibited, unless required by Building, Health and Fire Codes, as adopted. If required, a frosted, translucent or stained type of non-see-through window shall be installed.
(3) Balconies and rooftop decks are prohibited.
(4) Exterior stairways and landings shall not be located or encroach into the accessory building setback from property line.
(5) Exterior lighting shall provide illumination directed downward with light source shielded from adjoining properties.
(P) Address. The primary dwelling and the Internal Accessory Dwelling Unit shall have the same address number. A detached accessory dwelling unit shall have the same address as the primary dwelling and be referenced as “Unit A”. Addresses must be in a visible location for emergency responders.
(Q) Enforcement lien. The city may, in addition to any other legal or equitable remedies available, pursue a lien against the subject property in an amount of $100 for each day of violation (after the day which the opportunity to cure the violation expires) for:
(1) Any violation of U.C.A. § 10-9a-530, entitled “internal accessory dwelling units”; or
(2) Any violation of this section.
(R) Notice and hearing.
(1) The city adopts the lien notice and hearing notice requirements set forth in U.C.A. § 10-9a-530.
(2) An owner appealing a violation may appeal that decision to the designated appeal officer, or to the appeal authority if no appeal officer is designated; provided, they do so in writing within 14 days of the notice of violation by delivering the same to the Community Development Director or designee.
(S) Appeal of administrative hearing decision. Any decision of the appeal officer or the appeal authority may be appealed by the owner or city to the District Court within 30 days from the written decision is made.
(Prior Code, § 29.05.270) (Ord. 07-13, passed 7-19-2007; Ord. 21-12, passed 8-5-2021; Ord. 22-01, passed 2-17-2022; Ord. 23-25, passed 11-2-2023; Ord. 24-21, passed 6-20-2024)