The regulations hereinafter set forth in this article are in addition to and supplement the regulations of this title.

(Ord. 13-2007B, Add, 09/25/2007)

Every use shall be subject to all the requirements stated in this section.

1. Emission or Generation of Undesirable Effects. Every use shall be so operated that it does not emit an obnoxious or dangerous degree of fumes, dust, smoke or other form of air pollution, heat, glare or radiation, or noise.
2. Outdoor Storage and Waste Disposal.
   1. Unless otherwise specifically permitted, no highly flammable or explosive liquids, solids or gasses shall be stored in bulk above ground. Other outdoor storage facilities for junk yards, fuel, raw materials, and products, except for agricultural products, and permitted above grade waste disposal areas shall be enclosed by a fence or wall at least six feet in height and impervious to sight, adequate to conceal such facilities from adjacent property and the street unless expressly exempted by this chapter indicated by the use of the phrase, "need not be fenced," appearing after the use so exempted. Such wall or fence shall be constructed and maintained in such a way and of such materials as to be pleasing to the sight from the street.
   2. No materials or wastes shall be deposited upon any property in such form or manner that they may be transferred off such property by natural causes or forces. All materials or wastes which might cause fumes or dust, or which constitute a fire hazard, or which may be edible by, or otherwise be attractive to rodents or insects may not be stored outdoors unless put in closed containers.
   3. No yard or other open space around an existing building or which is hereafter provided around any building for the purposes of complying with the provisions of this ordinance, shall be used for the storage of junk, building materials, debris, junk vehicles, or commercial equipment, and no other land shall be used for such purposes except as specifically permitted in this chapter.
   4. Open storage of hay or other agricultural products shall be located not less than forty (40) feet from a public street, and fifty (50) feet from any dwelling on adjoining property.
3. Enclosure of Uses. Every use except for agriculture, and parks and playgrounds, unless expressly exempt in the regulations for the zone in which it is located, or which is clearly understood in context as a use which cannot be enclosed, shall be operated in its entirety within a completely enclosed structure; the exemption of a use from the requirement of enclosure will be indicated by the phrase, "need not be enclosed," appearing after any use exempted. Any use described in subsection B of this section exempted from being enclosed as provided in this chapter shall be fenced as provided therein unless similarly exempted.

(Ord. 13-2007B, Add, 09/25/2007)

1. Site Plan Approval Required.
   1. In any commercial, industrial or residential R-3 zone the location of principal and accessory buildings on the site and in relation to one another, the traffic circulation features within the site, the height and bulk of buildings, the provision of off-street parking space, the provision for driveways for ingress and egress, and provision of other open space on the site, and the display of signs shall be in accordance with a site plan or subsequent amendment thereof, approved in any case by the Planning Director prior to issuance of a building permit.
   2. In approving site plans the Planning Director may act on a site plan submitted him or may act on his own initiative in proposing and approving a site plan, including any conditions or requirements designated or specified on or in connection therewith.
   3. A site plan may include landscaping, fences and walls, designed to further the purposes of the regulations for commercial, industrial and residential R-3 zones and such features shall be provided and maintained as a condition of the establishment and maintenance of any use to which they are appurtenant.
   4. In considering any site plan hereunder, the Planning Director shall endeavor to assure safety and convenience of traffic movements both within the area covered and in relation to access streets, harmonious and beneficial relation among the buildings and uses in the area covered, and satisfactory and harmonious relation between such area and contiguous land and buildings and adjacent neighborhoods.
   5. The Planning Director may deem it necessary for the Planning Commission to approve a site plan before issuing a building permit, or if the applicant request Planning Commission review, the Planning Commission must approve the site plan before the applicant is issued a building permit.
2. Building Lot for Buildings Required.
   1. Every building, except those housing public uses public utilities, accessory and temporary uses, and those buildings used in conjunction with agriculture, parks and playgrounds, or other uses expressly exempted, shall be erected on a building lot which shall be designated, provided and continuously maintained for principal buildings and their accessory buildings.
   2. No accessory buildings shall be erected on any such building lot until the principal building has been erected thereon, unless both principal and accessory buildings are being erected simultaneously.
   3. Except for planned unit developments as specifically authorized in this ordinance, not more than one dwelling structure shall occupy any one building lot.
3. Agriculture Accessory Buildings. No hay barn, silo, equipment shed or storage building may be located closer than three (3) feet to any side or rear lot line and sixty (60) feet to any public street or dwelling on an adjacent property; provided, that greenhouses or other shelters used in connection with the growing of ornamental plants and flowers may be located as provided for the location of accessory buildings and structures in the zone regulations.
4. Swimming Pools and Tennis Courts.
   1. A private outside swimming pool or tennis court may be constructed as an accessory use to a principal building within the side or rear yard thereof; provided, that it is set back from the side and rear lot lines not less than four feet and not less than thirty (30) feet from any neighbor's dwelling.
   2. Where an adjacent lot is vacant, a swimming pool or tennis court must be located at least fifteen (15) feet from any side lot line of any neighboring lot.
   3. Where a swimming pool is completely enclosed in a building, the location requirements for accessory and main buildings shall apply.
   4. Where any swimming pool is to be located in the near vicinity of any septic tank or sewage disposal field, the location of the same shall first be approved by the Davis County Health Department.
   5. A fence or other barrier is required around a public pool or residential pool and must provide complete perimeter security of the facility. It must be at least six (6) feet in height. There shall be no openings through the fence or barrier, other than entry or exit access, which permit a sphere greater than three and one-half (3 1/2) inches in diameter to pass through into the pool enclosure.
      1. Indoor pools are exempt from the fencing requirement but must meet the same standard as to controlling access. The walls of the building substitute for the fence or barrier.
      2. The Land Use Authority may grant exceptions to the height requirements in consideration of architectural and landscaping features.
      3. Bathing areas in public pools must be separated from non-bathing areas by barriers with a minimum height of four (4) feet or by a minimum of ten (10) feet distance separation.
   6. A fence or barrier that has an entrance to the facility must be equipped with a self-closing and self-latching gate or door. Self-latching mechanisms must be at least fifty-four (54) inches above the ground and must be provided with hardware for locking the gate door when the facility is not in use. The opening between a closed gate or door and the pool fence or barrier shall meet the opening requirement of Section 14.1.
      1. Gates and doors with self-locking mechanisms are exempt from the latch and height requirement.
5. Lot Coverage of Accessory Buildings, Structures and Uses. No accessory building, structure or group of buildings or structures, excluding swimming pools, and no parking space in any residential zone shall cover more than twenty-five (25) percent of the required minimum rear yard space, but in no case shall any building or combination of accessory buildings exceed one thousand (1,000) square feet.
6. Maximum Height Limitations. No Maximum height regulation, as stated in this chapter, except for stated exceptions, shall apply to prevent the construction of penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the buildings, and fire or parapet walls, skylights, towers, steeples, flagpoles, chimneys, smoke stacks, water tanks, wireless or television masts, theater lofts silos, or similar structures above the stated height limits; provided, that no space above the height limit shall be allowed for the purpose of providing additional floor space.
7. Additional Height Allowed. Public buildings or structures and churches authorized in a zone may be erected to any height provided the building is set back from each otherwise established setback line at least one foot for each additional foot of building height above the normal height limit required for the zone in which the building is erected.
8. Minimum Size of Dwellings. No detached dwelling shall be erected within the County which contains less than six hundred (600) square feet of gross floor area.

(Ord. 13-2007B, Add, 09/25/2007)

1. Yard Encroachments.
   1. No encroachments into minimum required yard space, other than the following, shall be permitted.
   2. Chimneys and bay windows not more than six (6) feet wide, sills and lintels or other ornamental features may project not more than twenty-four (24) inches into required front, rear and side yard spaces.
   3. Unsupported cornices, eaves and gutter, unwalled and unroofed porches, terraces and steps, may be projected into any required front, side, or rear yard space.
   4. Fences and signs and yard lights as provided in this title.
   5. Building accessories designed and intended to control light entering a building and being either a permanent or temporary part of such building may project three feet into any required yard space; provided, that they are attached only to the wall of the main building.
   6. Gasoline pump islands where permitted, shall be setback twelve (12) feet. Pump island under roofs or canopies must comply with building setback requirements.
   7. Side and rear yards for accessory buildings may be reduced to three feet, provided the accessory buildings are located not less than six (6) feet behind the principal buildings, not less than sixteen (16) feet from principal buildings on adjacent lots; and further provided that accessory buildings must be eight (8) feet from adjacent vacant lots. [See Appendix III]
2. 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 yard or open space for any other building; nor shall any yard or other 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; nor shall side yards or required width of lot be acquired by purchase or other means by making substandard the side yards or width of any adjacent lot. No space needed to meet the width, yard, area, parking or other requirements of this chapter for a lot or building may be sold or leased away from such lot or building.
3. Yards to be Unobstructed—Exceptions. Every part of a required yard shall be open from the ground to the sky, unobstructed, except for the following:
   1. Accessory buildings and structures in a rear yard, as permitted;
   2. Permitted encroachments into yard spaces as set forth in subsection A of this section;
   3. Fences and objects of natural growth except as stated in Section 15.20.205.
4. Parking in Front Yard Prohibited.
   1. No portion of a front yard as required in this chapter shall be used for the parking of automobiles or other vehicles unless developed as a public parking area in conjunction with a permitted commercial or industrial use or as otherwise permitted in accordance with Chapter 15.44.810 through 15.44.850.
   2. No portion of a required front yard, other than driveways leading to a garage or properly located parking area, shall be paved or otherwise prepared so as to encourage or make possible the parking of vehicles therein.

(Ord. 13-2007B, Add, 09/25/2007)

1. Culinary Water Supply and Sewage Disposal. Where either an approved culinary water system or connection to an approved sanitary sewer system is not available, no building permit shall be issued for main buildings or other buildings which would utilize such facilities until the proposed plan for sewage disposal and the proposed source of water supply has been approved by the Davis County Health Department.
2. Height of Fences, Walls or Hedges. Except as otherwise required in subsection C of this section, in any residential zone no fence, wall, hedge, or similar device shall be constructed or placed in any required yard to a height in excess of six feet. Where a retaining wall is reasonable and necessary, and is located on the line separating lots, such retaining wall may be topped by a fence, wall or hedge of the same height that would otherwise be permitted at the location if no retaining wall existed.
3. Visibility at Intersections. Notwithstanding any provision of this chapter in any residential district, fences, walls, hedges, or other plantings may be permitted in any required yard provided that nothing shall be erected, placed, planted or allowed to grow in such a manner as materially to impede vision between a height of two and one-half (2 1/2) and ten (10) feet above centerline grades of the intersection streets and within the area bounded by right-of-way lines of such corner lots and a line joining points along the street lines, forty (40) feet from the intersection of the right-of-way lines.
4. Deduction in Size of Lots Not Permitted.
   1. No parcel of land, which has less than the minimum width and/or area requirements for a building lot for the zone in which it is located, may be cut off, placed under separate deed, or sold from a larger parcel of land for the purpose, whether immediate or future, of building development as a building lot except by permit of the Planning Commission as provided for in this chapter.
   2. No lot or parcel of land held under separate ownership at the time the ordinance codified in this chapter became effective, the width, depth or area of which is less than that required by this chapter, may be further reduced in any manner.
5. Home Occupations.
   1. The home occupation must be clearly incidental to the use of the dwelling for dwelling purposes and shall not change the character or appearance of the dwelling or neighborhood. Furthermore, it shall not unreasonably disturb the neighborhood by reason of color, design, materials, construction. odors, lighting, sounds, noises, or vibrations.
   2. Employment shall be limited to those persons residing in the dwelling unit.
   3. No home occupation shall occupy more than twenty (20) percent of the gross floor area to a maximum of four hundred (400) square feet.
   4. No sign or advertising shall be displayed on the premises.
   5. The home occupation shall generate no greater vehicular traffic than commonly associated with the neighborhood in which it is located i.e., heavy trucks, delivery or similar vehicles, or other traffic factors.
   6. There shall be complete conformity with fire, building, plumbing, electrical and health codes and to all State and County ordinances.
   7. The home occupation shall not create a hazard by using flammable, explosive or other dangerous materials or by keeping, raising, or storing animals which are capable of inflicting harm or discomfort or endangering the health and safety of any person or property.
   8. The home occupation shall not create a demand for municipal or utility services or community facilities in excess of those usually and customarily provided for residential uses.
   9. The home occupation shall not involve the installation of any equipment, fixtures, plumbing or electrical wiring which is incompatible with a residential area by reason of excessive noise, excessive utility usage, excessive waste production or broadcast interruption.

(Ord. 13-2007B, Add, 09/25/2007)

Notwithstanding any other provisions of this chapter which set forth the permitted uses and permitted structures, the following use limitations shall apply.

1. Use of Land, Buildings and Structures. No land shall be used or occupied and no building or structure shall be designed, erected, altered, used or occupied for use except for uses specifically permitted on the land upon which the building or structure is located or erected or use established as permitted in the regulations for the zone in which the land is located.
2. Use of Accessory Buildings and Structures. No accessory building or structure shall be erected, located, used, or occupied until the erection, location or use of the principal building or use has commenced.
3. Native Material Removal. The removal of native materials from any property in any zone may be permitted as a temporary use; provided, that the primary purpose of such removal is to improve the land; that an excavation permit shall be obtained from the Enforcement Officer after paying a fee; and that the following conditions be met. The provisions of this section do not refer to sand and gravel excavation operations. For sand and gravel excavations see the NR zone and the excavation regulations in Title 14.
   1. Erosion control measures shall be taken on the site to minimize the increased solids loading in runoff from such areas. All erosion control measures shall be constructed as part of the first site improvements.
   2. As all or portions of the operation are completed the site shall be re-vegetated with plant materials appropriate to maintaining soils stability and the visual quality of the area.
   3. The operation shall be conducted in such a way as to eliminate any nuisance, (e.g. including noise, dust, and hours of operation), to the residents of the area.
   4. The grades of slopes left by the operation shall not exceed the normally accepted angle of repose.
   5. There shall be no processing of materials on site.
   6. A maximum length of operation may be imposed by the Planning Director should it be deemed necessary.
   7. The operation may be required to post a bond to assure rehabilitation of the site.
4. Basement Houses. No basement houses shall be permitted.
5. Access Roads. A private road providing access to commercial or industrial properties shall not be permitted to be constructed or used through properties in any residential zone.
6. Intermittent Commercial Uses.
   1. The occasional use of dwellings and/or accessory buildings for commercial purposes may be allowed upon receiving a conditional use permit and provided the provisions of this subsection are complied with.
   2. The following standards shall apply to all intermittent commercial uses in addition to any conditions the Planning Commission deems necessary and desirable to protect the public health, safety and general welfare and in this chapter:
      1. The display and sales of merchandise must be entirely contained within a building.
      2. The building proposed for the intermittent commercial use must comply with setback and sight distance requirements of this chapter and with applicable building and fire codes.
      3. The use shall be limited to three (3) times or events per year and no single event shall exceed three (3) days in length.
      4. A business license from Davis County is required to conduct an intermittent commercial use.
      5. Adequate off-street parking is provided to serve the commercial use which does not create a parking shortage for other existing uses on the site.
      6. The use does not cause noise, light, or glare which adversely impacts surrounding uses.
7. Animal Keeping Regulations.
   1. In the AE and A-1 zones, animals and fowl may be kept for family use outside the dwelling; provided, that all pens, barns, coops, stables or similar structures ( not including pastures) housing the animals shall be located not less than one hundred fifty (150) feet from a public street and one hundred (100) feet from all dwellings on neighboring properties; unless the enclosing structures are on a corner lot, in which case the distance to one of the public streets may be reduced to not less than fifty (50) feet.
   2. The number of animals or fowl permitted shall be governed by the following schedule, except that dependant young may be kept in addition to these numbers:
      1. Each full one-half acre of property within the lot shall be eligible to contain or house animals rating fifty (50) points.
   3. Points are assigned to animals grouped as follows:
      1. Large animals such as horses or cows, twenty (20) points each.
      2. Medium animals such as sheep or goats, ten (10) points each.
      3. Small animals such as chickens or rabbits, two (2) points each.
8. Group Home Regulations. Group homes shall be permitted uses in all zones that allow residences provided they meet the following regulations:
   1. No group home may be established closer than three-quarters of a mile to any other group home.
   2. The facility must be capable of use as a group home without structural or landscaping alterations that would change the property's residential character.
   3. Adequate off-street parking must be provided.
9. Planned Dwelling Group Regulations. Planned dwelling groups may be approved in some designated zones as conditional uses provided the project conforms to all of the following conditions and requirements:
   1. The area of the lot on which the planned dwelling group may be erected shall be equal to, at least, the aggregate of the minimum areas otherwise required for the same type of buildings, if they were each on individual lots, in the zoning district in which it is located.
   2. No building in a planned dwelling group shall be closer to any lot line than the front, side or rear yard requirements of the zone district in which it is located. Buildings within a planned dwelling group shall be arranged so that the distances between buildings is the same as the sum of the yards that would be required if they were on separate lots with the front yard being toward the front of the building, the rear yard being toward the rear of the building and the side yards being in the sides of the building.

(Ord. 13-2007B, Add, 09/25/2007)