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Escalante City Zoning Code

10.08 Supplementary

And Qualifying Regulations

10.08.010 Effect Of Chapter

The regulations hereinafter set forth in this chapter qualify or supplement, as the case might be, the zone regulations appearing elsewhere in this ordinance.

10.08.020 Substandard Lots At Time Of Ordinance Passage

Any lot legally held in separate ownership at the time of passage of this Ordinance, 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. 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 total width of the two (2) side yards be less than fourteen (14) feet.

10.08.030 Lot Standards

Except as provided in this Ordinance, every lot, existing or intended to be created, shall have such area, width and depth as is required by this Ordinance 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 Escalante City Planning Commission, before a building permit may be issued.

10.08.040 Every Dwelling To Be On A Lot - Exceptions

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 Ordinance for the district in which the dwelling structure is located.

10.08.050 Private Garage With Side Yard - Reduced Yards

On any interior lot where a private garage, containing a sufficient number of parking spaces to meet the requirements of this Ordinance, has a side yard equal to the minimum side yard required for a dwelling in the same district, the width of the other side yard for the dwelling may be reduced to the equal that of the minimum required side yard, and on any lot where such garage has such side yard, the rear yard of the dwelling may be reduced to fifteen (15) feet, provided the garage also has a rear yard of at least fifteen (15) feet.

10.08.060 Sale Or Lease Of Required Space

No space needed to meet the width, yard, area, coverage, parking or other requirements of this Ordinance for lot or building may be sold or leased away from such lot or building.

10.08.070 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 subdivided from a larger parcel of land for the purpose, whether immediate or future, of building or development as a lot.

10.08.080 Area Of Accessory Buildings

No accessory building or group of accessory buildings in any residential district shall cover more than seventy-five (75) percent of the rear yards.

10.08.090 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.

10.08.100 Exceptions To Height Limitations

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. All height exceptions are subject to conditional use permit.

10.08.110 Maximum Height Of Accessory Buildings

No building which is accessory to a one-family, two-family, three-family, or four-family dwelling shall be erected to a height greater than two and a half (2 Vz) stories or thirty (35) feet, whichever is less.

10.08.120 Clear View Of Intersecting Street

In all districts which require a front yard, no obstruction to view in excess of four (4) feet in height, from the height of the crown of the roadway, shall be placed on any corner lot within a triangular area formed by the street property lines and a line connecting them at points forty (40) feet from the intersection of the property lines, except a reasonable number of trees, as described in the city's tree ordinance, pruned high enough to permit unobstructed vision to automobile drivers, and pedestal-type identification signs and pumps at gasoline service stations.

10.08.130 Height Of Fences, Walls And Hedges

  1. Fences, walls, and hedges may be erected or allowed to the permitted building height when located within the buildable area, provided that any physical structure over six (6) feet in height shall be governed by State standards.
  2. Fences, walls, and hedges may not exceed four (4) feet in height within any required front yard or side street side yard.
  3. Fences, walls, and hedges may not exceed six (6) feet in height within any required rear yard or interior side yard.
  4. On corner lots, notwithstanding any other provisions herein, no fence, wall, or hedge exceeding four (4) feet in height shall be erected or allowed closer to any street line than the required building set back line except where a dwelling established prior to the Escalante City Planning and Zoning Ordinance (dated March 26, 1996 whose building setback line is less than the required setback for that zone, may erect a six (6) foot fence to that dwellings building set back line but in no case can a six (6) foot fence be within ten (10) feet of any public right of way.
  5. For the purpose of this section, single shrub planting shall not constitute a hedge if the closest distance between the foliage of any two (2) plants is and remains at least five (5) feet.
  6. Where a fence, wall, or hedge is located along a property line separating two (2) lots and there is a difference in the grade of the properties on the two (2) sides of the property line, the fence, wall, or hedge may be erected or allowed to the maximum height permitted on' either side of the property line.
  7. Fencing and walls six (6) feet in height, including protective gates, shall be required around swimming pools, spas and similar structures except those swimming pools, spas and similar to structures that are covered with a locking safety cover that complies with the A.S.T.M. (American Society Testing Material) regulations in effect at the time of the safety cover installation.

10.08.140 Water And Sewage Requirements

All proposed dwellings and businesses open to the public shall be connected to a public water system within the city limits of Escalante. Sewer disposal shall first be approved by the Southwest Utah Health Department.

10.08.150 Curbs, Gutters, And Sidewalks

The installation of curb, gutter, and sidewalks for a type approved by the Escalante City Council may be required on any existing or proposed street adjoining a lot on which a building is to be constructed or remodeled, or on which a new use is to be established. Such curbs, gutters, and sidewalks may be required as a condition of building or use permit approval.

10.08.160 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 Escalante City Official Map.

10.08.170 Lots And Dwellings On Private Streets - Special Provisions

Lot with frontage on private streets only shall be allowed by conditional use permit or Planned, Development procedure only, and subject to all applicable requirements of this Ordinance and the Subdivision Ordinance.