The regulations hereinafter set forth in this chapter supplement and/or qualify the zone regulations appearing elsewhere in this title.

(Ord. 2018-09, 8-14-2018, eff. 8-28-2018)

1. Every Single Family Dwelling To Be On A Legal Lot:
   1. Every single family dwelling shall be located and maintained on an approved lot, as defined in this title.
   2. A travel trailer or similar vehicle, to be used for housing, may be placed on the same lot as a single family dwelling that is under construction for up to one hundred eighty (180) days.
2. Establishment Of Legal Lots:
   1. Legal lots are established as defined in section 17.07.040 of this title, under the definition of lot/parcel.
   2. The Cache County Director of Development Services shall make all final determinations of parcel legality.
3. Combined Lots Or Parcels:
   1. If combined lots/parcels have two (2) or more different zoning designations, the uses and regulations of the most restrictive zone will apply.
4. Sale Or Lease Of Required Space:
   1. Space needed to meet the width, setback, area, coverage, parking or other requirements of this title for a lot/parcel or building shall not be sold or leased away from such lot/parcel or building.
5. Sale Of Lots/Parcels Below Minimum Space Requirements:
   1. A parcel of land which has less than the minimum width and area required for the zone in which it is located shall not be cut off from a larger parcel of land for the purpose, whether immediate or future, of building or development.
6. Restricted Lots:
   1. No permits or licenses will be issued for a use on any restricted lot.
   2. A restricted lot which meets all the requirements of this title for a lot, but the creation of which has caused any adjacent lot from which it was severed to be insufficient in frontage, yard or other requirements, may be considered legal by adding sufficient area to the adjacent lot to meet all of the requirements of this title for a lot in its zone. The added area must be duly platted and evidenced in the public records by a deed showing a single legal description in the Office of the County Recorder.
   3. A restricted lot meeting the minimum lot size and/or density requirements of a zone may apply for subdivision.
7. Nonconforming Lot/Parcel:
   1. Legal lots not meeting the minimum lot size or density requirements of the applicable zone shall be entitled to be developed as a lot, but shall not be entitled to further subdivision in that nonconforming configuration.
8. Nonconforming Structure:
   1. Existence: A nonconforming structure may continue provided that it:
      1. Is determined to legally exist prior to the effective date of the applicable ordinance, or legally established by the action of a Federal, State, or local government entity; and
      2. Has been continuously maintained.
   2. Alteration: A nonconforming structure may be altered, maintained, and/or repaired as follows:
      1. Minor: Minor changes that do not increase the nonconformity are permitted provided that:
         1. Necessary permits are obtained, and on any work being completed that requires a building permit a zoning clearance shall be issued that identifies the following:
            1. The legally nonconforming status; and
            2. The nonconformity; and
            3. That the nonconformity of the structure is not being increased.
         2. Any reconstruction or restoration of a nonconforming structure shall comply with State Code and this Code.
      2. Major: Requests for major changes that increase a nonconformity may be made to the Cache County Board of Adjustments and must meet State Code requirements for a variance.
   3. Abandonment: A nonconforming structure may be determined to be abandoned in compliance with State Code and this Code.

(Ord. 2018-09, 8-14-2018, eff. 8-28-2018)

1. Commercial (C) And Industrial (I) Zones: The following site development standards shall be complied with in the Commercial (C) and Industrial (I) Zoning Districts:
   1. Screening And Landscaping:
      1. Where any commercial or industrial lot shares a common boundary with property zoned A10, RU5, or RU2, a screen shall be provided at least six feet (6') in height. The screen may be a fence, wall, berm or approved landscaping or some combination of the same.
      2. All mechanical equipment related to the building, including heating and air conditioning units and trash dumpsters, shall be completely screened from surrounding properties by use of a solid screening fence or wall six feet (6') in height or shall be enclosed within a building. Trash dumpsters shall be located a minimum twenty five feet (25') from any property zoned A10, RU5, or RU2.
      3. Wherever off street parking areas are situated across the roadway from property zoned A10, RU5, or RU2, a berm or retaining wall in conjunction with a berm, three feet (3') in height shall be constructed within the required setback to adequately screen the parking.
      4. Landscaping shall be required on ten percent (10%) of the gross area of the proposed project site. Gross area is interpreted as the total project site area remaining after any required road right-of-way dedication.
      5. All landscaping shall be maintained in a healthy, neat, and orderly condition free of weeds and litter. All paved areas, walls, or fences shall be in good repair without broken parts, holes, potholes, or litter.
      6. The Planning Commission may modify any provision of the screening and landscaping sections of this chapter if strict adherence to a requirement should be delayed or is deemed unnecessary.
   2. General Provisions: The Land Use Authority may limit the hours of operation of a business located within the Commercial (C) and Industrial (I) Zoning Districts. This limitation may be a requirement of obtaining or renewing a business license. Any limitation on the hours of operation of an existing business shall require the Land Use Authority to provide factual findings for the limitation.

(Ord. 2018-09, 8-14-2018, eff. 8-28-2018)

Table 17.10.040 of this section lists the site development standards that apply within all zoning districts. These are "base" standards, not entitlements. Other regulations of the land use ordinance, the subdivision ordinance, other applicable County ordinances and policies, requirements imposed as conditions of permitting, or requirements from other local, State, and Federal agencies may impose other development standards.

TABLE 17.10.040

SITE DEVELOPMENT STANDARDS

Use Type: Primary Accessory Both

Notes:

¹ Setback may be reduced to 15 feet with a conditional use permit if the adjoining parcel is zoned commercial or industrial.
² Maximum height for agricultural structures is 45 feet. Also see definition of "building height, maximum", at section 17.07.040, "General Definitions", of this title.
³ The Land Use Authority shall have the authority to determine the total number of acres eligible for residential density (developable acreage).

⁴ Maximum height for agricultural processing facilities. specific to the production of food, in Industrial (I) Zoning Districts to be 150 feet. Structures may be greater in height from the established setback lines with an increase of 1.5 feet of setback for every ten feet (10') of additional building height. This standard shall apply to reduced setbacks with a CUP. Example: an agricultural processing facility that is 100 ft tall will need to be setback 39 ft from the front property line.

⁵ The side or rear setback for Industrial (I) or Commercial {Cl is Oft when adjacent to an active railway.

⁶ Above ground conveyance of manufactured products or goods (through piping or other means) is allowed between adjoining parcels zoned as commercial or industrial at a maximum height of 25 feet; cross-access agreements are required between parcels.

(Ord. 2018-09, 8-14-2018, eff. 8-28-2018)

1. The following site development standards shall be complied with in all zoning districts:
   1. Parking Standards:
      1. Parking for each use shall conform to chapter 17.22 of this title.
      2. No required parking shall be permitted in any required setback area.
   2. Agricultural Restrictive Covenant:
      1. Any person who chooses to site a nonagricultural use will be required to record a signed agricultural declaration against their property making it subject to a restrictive covenant in favor of all agricultural uses that may occur within the zone they are presently located or within an adjacent zone.
      2. The form of the declaration shall be substantially as follows and it may be incorporated verbatim or by reference:
         
         Agricultural Declaration: The property described herein is subject to all adjacent Agricultural Uses allowed within or adjacent to this zone, specifically to the sights, sounds, smells, air quality, water use, animal use, hours of operation, etc., accompanying regular and customary agricultural uses now existing or which may exist in the future in an Agricultural zone. By this Declaration the undersigned, and their successors in interest, hereby waive any claim for nuisance or otherwise arising from regular and customary agricultural operations. Agricultural operations that are consistent with sound agricultural practices are declared reasonable and shall not constitute a nuisance. Agricultural operations that are in conformity with federal, state, and local laws and regulations are presumed to be operating within sound agricultural practices.
   3. Water And Sewage Requirements:
      1. All proposed uses and/or buildings needing the use of water and sewage facilities shall comply with the requirements of the Bear River Health Department, the Utah Department of Environmental Quality, and the Office of the State Water Engineer. These agencies shall be considered the County experts in evaluating the proposed sewage and culinary water supply system.
      2. No proposed septic system shall be permitted within a Zone 1 or Zone 2 as defined by the current drinking water source protection plan for any public culinary water system.
   4. Setbacks:
      1. Setbacks And Open Space For One Building Only: No required setback or other open space around an existing or proposed building complying with the provisions of this title shall be considered as providing a setback or open space for any other building; nor shall any setback or other required open space on an adjoining lot be considered as providing a setback or open space on a lot whereon a building is to be erected or established.
      2. Floodplain: Structures built within one hundred feet (100') of the floodplain as identified on the current FIRM maps and identified on the County sensitive area map must show a minimum of one foot (1') of freeboard above the base flood elevation (BFE).
      3. Measurement Of Setback:
         1. Wherever a front yard is required for a lot facing on a street for which an official map has been recorded in the Office of the County Recorder, the depth of such front yard shall be measured from the mapped road right-of-way line provided by the official map.
         2. Where an official map has not been recorded, measurements shall be made from the existing right-of-way line or from the proposed right-of-way line, as required by this title or indicated in the transportation element of the Cache Countywide comprehensive plan or indicated in the CMPO long range transportation plan for the Logan urbanized area.
      4. Exceptions: The area of required setbacks shall be open to the sky and unobstructed, except for the following:
         1. The ordinary projections of roof eaves, bay windows, window wells, basement accessways, skylights, sills, belt courses, cornices, chimneys, flues, and other ornamental features which project into a setback not more than four feet (4'); provided, however, that there shall remain a minimum of eight feet (8') to side property lines;
         2. Uncovered steps leading to the main entrance in the front yard which are no more than four feet (4') in height and do not cause any danger or hazard to traffic by obstructing the clear view of the street or intersection.
2. Supplemental development standards specific to the Mineral Extraction and Excavation (ME) Zoning District are located within chapter 17.13 of this title.
3. Supplemental development standards specific to the Resort Recreation (RR) Zoning District are located within chapter 17.14 of this title.
4. Supplemental development standards regarding sensitive areas for all zoning districts are located within chapter 17.18 of this title.

(Ord. 2016-04, 4-26-2016, eff. 5-12-2016)

Improvement agreements for improvements and/or conditions imposed by ordinance or by a Land Use Authority within this title may be issued in compliance with sections 16.04.100 and 16.04.110 of this Code.

(Ord. 2016-04, 4-26-2016, eff. 5-12-2016)