The intent of this chapter is to accumulate under one heading, regulations which apply to two (2) or more zones, rather than to repeat them several times. (Ord. 4-8-86, 4-8-1986)

   A.   Space For One Building Only: No required yard or other open space around an existing building, or which is hereafter provided around any building, which is needed to comply with the provisions of this title, 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 the yard or open space on the lot whereon a building is to be erected or established.

   B.   Unobstructed; Exceptions: Every part of a required yard shall be open to the sky and unobstructed except for permitted accessory buildings and except for ordinary and customary projection of sills, belt courses, cornices and other ornamental features and unenclosed steps and unwalled stoops, porches and carports, which may project up to three feet (3') into a required yard. No projection into a required court which is provided in connection with a court apartment shall be constructed except for customary sills, belt courses and cornices which may extend into a court not more than sixteen inches (16"). (Ord. 4-8-86, 4-8-1986)

Only one building which contains a dwelling shall be located and maintained on a "zoning lot", as defined in this title, except for dwellings within a manufactured home park or other large scale development. (Ord. 4-8-86, 4-8-1986; amd. Ord. 2004-4, 12-16-2004)

No space needed to meet the width, yard, area, coverage, parking or other requirements of this title for a lot or building may be sold or leased apart from such lot or building unless other space so complying is provided. (Ord. 4-8-86, 4-8-1986)

Living and sleeping quarters in any building other than the main residential building is prohibited. (Ord. 4-8-86, 4-8-1986)

   A.   Commercial Vehicles: The storage and/or continuous parking of trucks having a rated capacity of one and one-half (11/2) tons or greater, and construction equipment such as bulldozers, graders, compressors, etc., shall not be permitted in any residential zone; provided, that construction equipment may be stored on a lot during construction of a building thereon, but not to exceed one year.

   B.   Junk And Debris: No yard or other open space surrounding an existing building in any agricultural or residential zone, or which is hereafter provided around any building in any agricultural or residential zone, shall be used for the storage of junk, debris or obsolete vehicles; and no land shall be used for such purposes, except as specifically permitted herein. (Ord. 4-8-86, 4-8-1986)

   A.   Public Buildings: Public buildings and churches may be erected to any height, provided the building is set back from required building setback lines a distance of at least one foot (1') for each additional foot of building height above the maximum height otherwise permitted in the zone in which the building is located.

   B.   Dwellings and Fences: Minimum: No dwelling shall be erected which has a ceiling height of less than seven feet six inches (7'6") or one story above grade, whichever is greater. No fence or wall shall be constructed higher than four feet (4') above the ground in any required front or side yard that fronts on a street. The Planning Commission may approve special situations on written request, taking public safety into consideration. (Ord. 4-8-86, 4-8-1986; amd. Ord. 12-8-2021)

See subsection 10-12-5A of this title. (Ord. 2004-2, 11-18-2004)

Surface water from rooftops, lots or irrigation ditches shall not be allowed to drain onto adjacent lots or streets. (Ord. 4-8-86, 4-8-1986)

In all zones which require a front yard, no obstruction which will obscure the view of automobile drivers shall be placed on any corner lot within a triangular area formed by the street property lines and a line connecting them at points of forty five feet (45') from the intersection of the street lines. (Ord. 4-8-86, 4-8-1986)

Wherever a front or side yard is required for a building, which building abuts on a proposed street which has not been constructed, but which has been designated by the planning commission as a future street, the depth of such front or side yard shall be measured from the planned street lines. (Ord. 4-8-86, 4-8-1986)

The setback from the street for any dwelling located between two (2) existing dwellings in any residential zone may be the same as the average for said two (2) existing dwellings, provided the existing dwellings are on the same side of the street and are located within one hundred fifty feet (150') of each other. (Ord. 4-8-86, 4-8-1986)

Concessions, including, but not limited to, amusement devices, recreational buildings and refreshment stands, shall be permitted on a public park or playground when approved by the city council. (Ord. 4-8-86, 4-8-1986)

Where domestic sewage disposal facilities are used which are not connected to a public sewer, approval of such facilities shall be obtained from the county health department before a building permit shall be issued therefor. (Ord. 4-8-86, 4-8-1986; amd. 1998 Code)

All gasoline service station pumps shall be set back at least twenty feet (20') from all property lines. Lots from which gasoline is dispensed to customers at retail shall be not less than seventy five feet by one hundred feet (75' x 100') in size. Canopies over the pump islands may extend within five feet (5') to the property lines. (Ord. 4-8-86, 4-8-1986; amd. 1998 Code)

   A.   Off Street Parking: Adequate off street parking and loading shall be provided. The number of spaces, size of spaces and the standards relating to access, circulation, lighting location, control and design shall be in accordance with city standards.

   B.   Off Street Loading: Off street loading and unloading space shall be provided on the same lot for every building used for manufacturing, storage, warehousing, goods display, department store, grocery, hotel, hospital, mortuary, laundry, dry cleaning or other use similarly involving the receipt or distribution by vehicle of materials or merchandise. Such space, unless otherwise adequately provided, shall include a minimum ten foot by twenty five foot (10' x 25') loading space with a minimum fourteen foot (14') height clearance for every twenty thousand (20,000) square feet of floor space in the building or fraction thereof. (Ord. 4-8-86, 4-8-1986)

Access to all lots and parcels of land having a frontage on a public street shall be controlled as follows:

   A.   Number Of Driveways: Access shall be by not more than two (2) driveways from any one street, except as may be permitted by the board of adjustment, when it can be shown that additional driveways will promote traffic safety.

   B.   Distance Between: Driveways shall be not closer to each other than twenty feet (20').

   C.   Width: Each driveway shall be not more than thirty feet (30') in width in any commercial or industrial zone measured at right angle to the centerline of the driveway. In residential zones, driveways shall be not more than twenty feet (20') in width except when approved for large scale developments.

   D.   Corner Lots: On corner lots, no driveways shall be closer than fifteen feet (15') to the point of intersection of the front property line with the side property line which abuts upon a street.

   E.   Curb Or Fence: Where there is no existing curb and gutter or sidewalk, a curb or fence may be required by the city. (Ord. 4-8-86, 4-8-1986)

Front yards and side yards of all dwellings which front on public streets must be landscaped, except that up to twenty five percent (25%) of the front yard or side yard which faces on a public street may be devoted to driveways and off street parking. (Ord. 4-8-86, 4-8-1986)

Advertising signs shall be regulated as follows:

   A.   Residential Zones: No advertising signs of any kind shall be allowed in any residential zone, except signs pertaining to the sale or lease of residential property and except for name plates or signs indicating the existence of an office or a professional person and a home occupation.

   B.   Setback: All advertising signs shall be set back from public streets a distance at least equal to the distance that buildings are required to be set back within the zone in which said signs are located.

   C.   Screening Requirements: Except in those zones where nonaccessory signs are permitted, all signs shall display thereon only information pertaining to products or services sold on the premises.

   D.   Permit Required: Regardless of cost, no sign shall be erected or placed within the city, without first making application for and obtaining a building permit therefor, except temporary window and political posters, temporary signs pertaining to the sale of adjacent property and nameplates or identification signs indicating the existence of an approved home occupation or professional office. In addition to the requirements of this title, all signs located within six hundred sixty feet (660') of the right of way line of a federally designated highway shall conform to the standards and regulations for such signs established by the state. Any approval of permits required by said regulations shall be in addition to the building permit hereinabove required and construction or placement of a sign shall not be commenced until all approvals and permits have been obtained. (Ord. 4-8-86, 4-8-1986)

Any use which emits or discharges gases, fumes, dust, glare, noise or other pollutants into the atmosphere in amounts which exceed the standards as prescribed by the Utah state air conservation board or the board of health, and any use which emits or discharges liquids or solid material onto the soil or water in amounts which result in pollutants entering ground water in amounts exceeding the standards prescribed by the Utah state water pollution control board or the board of health, shall be prohibited. (Ord. 4-8-86, 4-8-1986)

   A.   Recreational Vehicles: It shall be unlawful to place any recreational vehicle on any lot or parcel of land in the area covered by the zoning map and to use the same for human habitation, except when located in a licensed recreational vehicle court or licensed mobile home park.

   B.   Mobile Homes: It shall be unlawful to place any mobile home on any lot or parcel of land in the area covered by the zoning map except as a direct replacement for a mobile home previously occupying that same lot or parcel. (Ord. 2010-5, 3-25-2010)

   C.   Manufactured Homes In Manufactured (Mobile) Home Parks: When placed in a licensed manufactured home park, the home will be installed according to manufacturer's installation manual specifications or, if a used manufactured home and an appropriate installation manual is not available, by ANSI standard A225.1.

   D.   Manufactured Home On Regular Building Lots: It shall be unlawful to place a manufactured home on any lot or parcel of land in an area covered by the zoning map and to use the same for human habitation except in compliance with one or more of the following conditions:

      1.   When temporarily located (not to exceed 1 year) on a lot on which a building is being constructed and the manufactured home is connected to approved water and sewer facilities, such connections not to exceed one year.

      2.   When placed in a licensed manufactured home park.

      3.   When placed on a zoning lot that complies with the regulations of the zone in which the manufactured home is located, provided:

         a.   The manufactured home and site comply with the use, width, location, height, size of building and special provision requirements for structures within the zone;

         b.   The manufactured home is independently connected to an approved water supply and sewage disposal facility;

         c.   The manufactured home is constructed in accordance with the building code for manufactured homes in effect within the city;

         d.   The manufactured home is placed upon a permanent masonry type foundation and the masonry type skirt in compliance with: (Ord. 2004-4, 12-16-2004)

            (1)   Manufactured homes placed upon city lots must have permanent concrete footings and a six inch (6") (or more) concrete or masonry foundation wall (skirting) that complies with manufacturer's or HUD engineered design and/or building inspector approval. (Ord. 2004-4, 12-16-2004; amd. Ord. 2010-1, 1-28-2010)

            (2)   Skirting, masonry type, minimum six inches (6") wide or approved by the city building inspector.

            (3)   Trailer tongues and other visible means used in transporting shall be removed;

         e.   That according to the records of the county recorder, the ownership of the lot and the manufactured home are in the same ownership;

         f.   The manufactured home will be entered upon the tax rolls of Emery County as real property as evidenced by a letter or other proof from the county assessor;

         g.   The manufactured home and site comply with the same rules as any dwelling in that zone, including, but not limited to, width, location, height, size of dwelling, and special provision requirements for structures within that zone, consists of one or more modules and is attached permanently to an approved foundation and footings, provided the unit(s) is/are manufactured after June 1976, and stamped approved by HUD and contains the federal insignia proof of approval. (Ord. 2004-4, 12-16-2004)

The following standards shall apply to all garage/yard sales within the city limits:

   A.   Frequency: Frequency limited to three (3) times per calendar year. There shall be no more than three (3) garage/yard sales at one location per calendar year. The "calendar year" is defined as January 1 through December 31. Garage/yard sale events must be separated by at least a fourteen (14) day period.

   B.   Duration Of Sale: A garage/yard sale is permitted for a period no longer than three (3) consecutive days and provided that the conduct of the sale does not create a nuisance.

   C.   Location Of Garage/Yard Sale: The garage/yard sales shall be located at the actual residence or business of the owner of the materials to be sold. In the occurrence of a neighborhood garage/yard sale event (i.e., 3 to 5 neighbors pool their belongings into a super garage/yard sale), the materials must be located at the residence or business of one of the participating sellers.

   D.   Signs For Garage/Yard Sales: Signs shall be no larger than twenty eight inches by twenty two inches (28" x 22"), and shall not obstruct the view of regular traffic or cause a nuisance. Signs shall not be placed in the public right of way or erected any earlier than twenty four (24) hours before the sale and shall be removed twenty four (24) hours after the sale.

   E.   Punishment: Any person, firm, partnership or corporation convicted of violating any provision of this section shall be guilty of a class C misdemeanor punishable by a fine or imprisonment or both as allowed by state law.

      1.   Each day that a violation of this section occurs or is permitted, is deemed to constitute a separate offense. (Ord. 2015-1, 11-12-2015)