Garfield County Unincorporated
City Zoning Code
City Zoning Code
CHAPTER 155
ZONING
APPENDIX A: GARFIELD COUNTY PLANNING AND ZONING FEE SCHEDULE
PLANNING DEPARTMENT FEES
| |
Service Provided | Fee |
PLANNING DEPARTMENT FEES
| |
Service Provided | Fee |
Conditional Use Permit Application | $300.00 |
Short-Term Rental Inspection | $150.00 |
Zone Change Application | $500.00 |
Minor-Lot Subdivision | $500.00 |
Subdivision (1-5 lots) | $500.00 |
Subdivision (5+ lots) | $500.00 + $10 per additional lot > 5 |
Subdivision Amendment | $200.00 |
Planned Unit Development | $300.00 |
Planned Unit Development Amendment | $200.00 |
Agricultural Land Exemption | $200.00 |
Agricultural Minor Subdivision | $200.00 |
Variance Application (Board of Adjustment) | $400.00 |
(Res. 2022-1, passed 1-10-2022)
APPENDIX B: INTERNATIONAL ZONING CODE GENERAL SIGN TYPES
General Sign Types
Comparison - Roof and Wall or Fascia Signs
§ 155.001 SHORT TITLE.
This chapter shall be known and cited as the “Garfield County Zoning Ordinance” and may also be identified within this document as “this chapter.”
(Ord. 2021-10, passed 9-27-2021)
§ 155.002 PURPOSE.
This chapter is designed and enacted for the purpose of promoting the health, safety, morals, convenience, order, prosperity and welfare of the present and future inhabitants of Garfield County, Utah including among other things the lessening of congestion in the streets or roads, securing safety from fire and other dangers, providing adequate light and air, utilization, protection of the tax base, securing economy in governmental expenditures, fostering the county’s commercial and industrial growth, and the protection of custom, culture, heritage and associated resources and residential and nonresidential development.
(Ord. 2021-10, passed 9-27-2021)
§ 155.003 AUTHORITY.
Utah Code Annotated (UCA) Title 17, Chapter 27a.
(Ord. 2021-10, passed 9-27-2021)
§ 155.004 INTERPRETATION.
In interpreting and applying the provisions of this chapter, the requirements contained herein are declared to be the minimum requirements fir the purpose set forth.
(Ord. 2021-10, passed 9-27-2021)
§ 155.005 CONFLICT.
This chapter shall not nullify the more restrictive provisions of covenants, agreements, other ordinances or laws but shall prevail notwithstanding such provisions which are less restrictive.
(Ord. 2021-10, passed 9-27-2021)
§ 155.006 SEVERABILITY.
If any section of this chapter should for any reason be found invalid, by a court of competent jurisdiction, the remaining sections nevertheless shall be carried into effect.
(Ord. 2021-10, passed 9-27-2021)
§ 155.007 ENFORCEMENT.
This chapter shall be enforced in all unincorporated areas of Garfield County, Utah. The county shall not enforce Home Owner’s Association (HOA) Covenants, Conditions and Restrictions (CC&R’s). However, if CC&R’s do exist within the unincorporated areas of the county and there is a legal, active board to enforce them, such CC&R’s may prevail.
(Ord. 2021-10, passed 9-27-2021)
§ 155.008 FEES.
Appropriate fees shall be charged for building permits and inspections, land use applications, Appeal Authority hearings or any other service required by this chapter. Such fees shall be established by the County Commission. (See Appendix A)
(Ord. 2021-10, passed 9-27-2021)
§ 155.009 DEFINITIONS.
Unless the context requires otherwise, the following definitions shall be used in the interpretation and construction of this chapter. Words used in the present tense include the future: the singular tense shall include the plural and the plural the singular. The word “building” shall include the term “structure”; the words “used” or “occupied” shall include arranged, designed, constructed, altered, converted, rented, leased, or intended to be used or occupied; the word “shall” is mandatory and not discretionary, the word “may” is permissive; the word “person” includes affirm, association, organization, partnership, trust, company, or corporation as well as an individual; the word “lot” includes the word “plot” or “parcel”. Words used in this chapter but not defined herein shall have the meaning as defined in any other ordinance adopted by Garfield County.
ACCESSORY BUILDING OR USE. A building or use on the same lot with, and of a nature customarily incidental and subordinate to, the principal building or use.
ACCESSORY DWELLING UNIT (ADU). A habitable living unit added to, created within, or detached from a primary single-family dwelling and contained on one lot or parcel.
AGRICULTURAL INDUSTRY OR BUSINESS. An industry or business involving agricultural products in manufacturing, packaging, treatment, sales, intensive feeding or storage, including but not limited to animal feed yards, fur farms, food packaging or processing plants, commercial poultry or egg production and similar uses as determined by the Planning Commission.
AGRICULTURAL USE. Land shall be deemed to be in agricultural use when devoted to the raising of plants and animals useful to man, including but not limited to, forages and sod crops; grain and feed crops; dairy animals, poultry, livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats, including the breeding or grazing of any or all such animals; bees, fur animals, trees, fruits of all kinds, including grapes, nuts and berries; vegetables, nursery, floral, and ornamental stock; or when devoted to and meeting requirements and qualifications for payment for other compensation pursuant to a cropland retirement program under an agreement with an agency of the state or federal government.
AIRPORT. Any area of land designated and set aside for the landing and taking off of aircraft plus maintenance and auxiliary facilities and building maintenance.
ALLEY. A public access way less than 26 feet in width but not less than 12 feet, which is designed to give secondary access to lots or abutting properties; an alley shall not be considered a street, for the purposes of this chapter.
ALTERATIONS, STRUCTURAL. Any change, addition or modification in the supporting members of a building, such as bearing walls, column, beams or girders.
APARTMENT. Any building or group of buildings which contain dwelling units, and also satisfies the definition of a motel, as defined in the chapter.
APARTMENT HOUSE. See DWELLING, MULTIPLE FAMILY.
APPEAL AUTHORITY. The board formally appointed by the County Commission to hear appeals by any person aggrieved by inability to obtain a building permit, or by the decision of any administrative officer or agency based upon or made in the course administration or enforcement of the provisions of this chapter.
ARCHITECTURAL PROJECTION. Any building or structural projection which is not intended for occupancy and which extends beyond the face of an exterior wall of a building or structure, but not including signs.
AUTOMOBILE SALES AREA. An open area used for display, sale, or rental of new or used motor vehicles, mobile homes, recreational coaches, or recreation vehicles in operable condition.
AUTOMOBILE SERVICE STATION. A place where gasoline, or any other motor fuel or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles, and where services performed may include tube and tire repair, battery changing, storage of merchandise, lubricating of automobiles, replacement of spark plugs, lights, fans, and other small parts, but not including major auto repair.
BASEMENT. A story whose floor is more than twelve feet below the average level of the adjoining ground, but where no more one-half of its floor-to-ceiling height is above the average contact level of the adjoining ground. A basement shall be counted as a story for purpose of height measurement, and as a half-story for the purpose of yard determination.
BASEMENT HOUSE. A residential structure without a full story structure above grade.
BEGINNING OF CONSTRUCTION. The placing of concrete footings for building or structure.
BENCH MARK. A mark affixed to a permanent or semi-permanent object to furnish a datum level in survey.
BOARDING HOUSE. A dwelling where, for compensation, meals are provided for at least three but not more than 15 persons.
BODY AND FENDER SHOP. A facility for major automobile, mobile home, recreational coach or recreation vehicle repairs to body, or fenders, and including rebuilding.
BUILDABLE AREA. The portion of a lot remaining after required yards have been provided.
BUILDING. Any structure used or intended to be used for the shelter or enclosure of persons, animals or property.
BUILDING, MAIN. The principle building housing the principal use upon a lot.
BUILDING OFFICIAL. The official designated by the County Commission as the Building Inspector for Garfield County.
BUILDING, PUBLIC. A building owned and/or operated or owned and intended to be operated by a public agency.
CARPORT. A private garage not completely enclosed by walls or doors. For the purpose of this chapter, a CARPORT shall be subject to all the regulations prescribed of a private garage.
CELLAR. A room or rooms wholly under the surface of the ground or having more than 50% of its floor to ceiling height under the average level of the adjoining ground.
CHILD NURSERY. An establishment for the instruction of six or more children, for compensation, other than members of the family residing on the premises, but not including a public school.
CHURCH. A building, together with its accessory buildings and uses, maintained and controlled by a duly recognized religious organization where persons regularly assemble for worship.
CLINIC, MEDICAL OR DENTAL. A building in which a group of dentists, physicians, and allied professional assistants are associated for the conduct of their professions. The clinic may include a dental and/or medical laboratory and an apothecary, but it shall not include in-patient care or operating rooms for major surgery.
CLUB, PRIVATE. An organization, group or association supported by the members thereof, the sole purpose of which is to render a service customarily rendered for members and their guests but shall not include any service, the chief activity of which is customarily carried on as a business and does not include labor union organizations or similar labor or business organizations.
COMMISSION. Unless otherwise indicated, the Board of County Commissioners of Garfield County, Utah.
CONDITIONAL USE. A use of land for which a conditional use permit is required, pursuant to this chapter.
CONDOMINIUM. An ownership structure established in accordance with the Utah Condominium Act.
CONSTRUCTION CAMP. A camp or other residential area of a temporary nature established for a period of five or more days for the housing of one or more persons engaged in activities related to construction, mining and logging. Camps established for hunting, fishing, recreation or agricultural purposes are excluded from the definition of a construction camp.
CORRAL. An enclosure, other than a building less than one acre, used for the confinement of animals and fowl.
COUNTY. Unless otherwise indicated, Garfield County, Utah.
COUNTY ATTORNEY. The Garfield County Attorney.
COURT. An open, unoccupied space, other than a yard, on the same lot with a building or group of buildings, and which is bounded on three or more sides by such building or buildings. The width of a court is its least horizontal dimension, measured between opposite sides in the same direction as the
yard or lot line on which tile court opens. The length of a court is its least horizontal dimension measured at right angles to its width.
COVERAGE, BUILDING. The percent of the total site area covered by buildings.
CUL-DE-SAC. A minor street having an open end and being terminated at the other end by a vehicle turnaround.
DAIRY. A commercial establishment for the manufacture, processing, or packaging of dairy products, and their sale; for purposes of this definition, the production of milk on a farm for wholesale marketing off the premises shall not classify the farm as a dairy.
DISTRICT. A portion of the area of Garfield County, Utah shown on a Zoning Map (attached to this zoning ordinance and given a Zone classification as set forth in this chapter.
DIVISION OF AGRICULTURAL LAND FOR AGRICULTURAL PURPOSES. A bona-fide division or partition of agricultural land into three or more parcels of not less than six acres of land for agricultural purposes as defined herein.
DRIVEWAY. A private roadway, the use of which is limited to persons residing, employed or otherwise using or visiting the parcel on which the driveway is located.
DWELLING. A building that contains one or two dwelling units used, intended or designed to be used, rented, leased, let or hired out to be occupied for living purposes.
(1) DWELLING, GROUP. A group of two or more detached buildings used as dwellings, located on a lot or parcel of land.
(2) DWELLING, MULTIPLE-FAMILY. A building arranged or designed to be occupied by more than two families.
(3) DWELLING, SINGLE FAMILY. A building arranged or designed to be occupied by one family, the structure having only one dwelling unit.
(4) DWELLING, TWO-FAMILY. A building arranged or designed to be occupied by two families, the structure having only two dwelling units.
(5) DWELLING UNIT. One or more rooms in a dwelling or apartment motel, designed for or occupied by one family for living or sleeping purposes and having kitchen and bathroom facilities for the use of not more than one family.
EASEMENT. The acquired private or right-of-use or enjoyment which one or more persons may have in the land of another.
FAMILY. An individual or two or more persons related by blood, marriage, or adoption (excluding servants) who are not related, living in a dwelling unit as a single housekeeping unit and using common cooking facilities.
FENCE. A physical barrier to delineate, contain, or designate an area designed for a specific use, i.e. and an enclosure for a dwelling unit, and area of storage and the like.
FLOOD HAZARD. A hazard to land or improvements due to inundation.
FORESTRY. The planting, caring for or cultivating of a dense growth of trees. May include the gathering of wood for domestic fire use.
FRONTAGE. All property fronting on one side of the street between intersecting or intercepting streets, or between a street and a right-of-way, waterway, end of dead-end street, or political subdivision boundary, measured along the street line. An intercepting street shall determine only the boundary of the frontage on the side of the street which it intercepts.
GARAGE, PRIVATE. A detached accessory building, or portion of a main building, used or intended to be used for the storage of motor vehicles, recreational coaches, boats, or other recreational vehicles, but not including the parking or storage of trucks or vans having a capacity in excess of one and one-half tons, and not including space for more than a total of four such vehicles, unless on a bona fide agricultural tract of land.
GARAGE, PUBLIC. A building or portion thereof other than a private garage, designed or used for servicing, equipping, hiring, selling or storage or motor driven vehicles.
GARAGE, REPAIR. A structure or portion thereof, other than a private garage, used for the repair of self-propelled vehicles, trailers or boats, including general repair, rebuilding or reconstruction of engines, motor vehicles, recreation coaches, and minor collision service, but not including major body, frame or fender repairs or overall automobile or truck painting, except by conditional use permit. A repair garage may also include individualized storage, care, washing, or sale of automobiles.
GEOLOGICAL HAZARD. A hazard inherent in or on the crust of the earth, or artificially created, which is dangerous or potentially dangerous to life, property, or improvements due to the movement, failure or shifting of the earth.
GRADE. The vertical location of the ground surface.
(1) For buildings adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the street.
(2) For buildings adjoining more than one street, the average of the elevations of the sidewalk at the centers of all walls adjoining the streets.
(3) For buildings having no wall adjoining the street, the average level of the finished surface of the ground adjacent to the centers of all exterior walls of the building.
(4) Any wall parallel or nearly parallel to and not more than five feet from a street line is to be considered as adjoining the street.
HEALTH DEPARTMENT. The State of Utah Division of Environmental Quality or local health agency having jurisdiction.
HOME OCCUPATION. Any use conducted entirely within a dwelling and carried on by persons residing in the dwelling unit, occupying no more than 25% of the dwelling unit, which is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof and in connection with which there is no display nor stock in trade. The HOME OCCUPATION shall not include the sale of commodities except those which are produced on the premises and shall not involve the use of any accessory building or yard space or activity outside the main building not usually associated with residential use. HOME OCCUPATION may include the use of the home by a physician, surgeon, dentist, lawyer, clergyman, engineer or professional person for consultation or emergency treatment. HOME OCCUPATION includes the care of not more than five children other than members of the family residing in the dwelling. In all cases where a HOME OCCUPATION is engaged in, there shall be no advertising of said occupation, no window displays, or signs and no employees employed.
HOSPITAL. Institution for the diagnosis, treatment and care of the human illness or infirmity, but not including sanitariums and clinics.
HOTEL. A building designed for or occupied as the more or less temporary abiding place of six or more individuals who are, for compensation, lodged with or without meals.
HOUSEHOLD PETS. Animals or fowl ordinarily permitted in the house and kept for company or pleasure, such as dogs, cats, and canaries, but not including a sufficient number of dogs as to constitute a kennel as defined in this chapter. Household pets shall not include the keeping of dangerous animals.
IRRIGATED LAND. Parcels that have surface or underground water diverted continuously or intermittently upon them for the production of crops or pasture, through the utilization of man- made improvements.
JUNK. Any discarded material, including but not limited to scrap metal, one or more abandoned, inoperable and/or unlicensed motor vehicles, machinery, equipment, paper, glass, containers and substructures.
JUNKYARD. Any place, establishment or business maintained, or operated for storage keeping, buying and selling junk, including vehicles and salvage yards.
KENNEL. Any premises where six or more dogs older than four months are kept.
LIVESTOCK FEED YARD. A commercial operation on a parcel where livestock are kept in high density corrals or yards and fed.
LOCAL ENGINEER. The engineer employed by or officially representing Garfield County.
LOCAL HEALTH OFFICER. The health officer or department employed by or officially representing the County of Garfield.
LOCAL JURISDICTION. Garfield County.
LODGING HOUSE. A dwelling with not more than five guest rooms where, for compensation, lodging is provided but does not include motels or hotels.
LOT. A tract of land, regardless of any label, that is created by and shown on a subdivision plat that has been recorded in the office of the County Recorder.
(1) LOT CORNER. Lot abutting on two intersecting or intercepting streets where the interior angle of intersection or interception does not exceed 135 degrees.
(2) LOT COVERAGE. Lot coverage shall be calculated by taking the ground area of the main and accessory buildings and dividing that total by the area of the lot.
(3) LOT DEPTH. The horizontal distance between the front and rear lot lines measured in the main direction of the side lot line.
(4) LOT INTERIOR. A lot other than a corner lot.
(5) LOT LINE. Property lines bounding the lot.
(6) LOT RESTRICTED. Any lot having particular problems in size, slope, contour or space requiring special action of the Appeal Authority.
MOBILE HOME. A detached, single-family dwelling unit not less than 45 feet long, designed for long-term occupancy, and to be transported on its own wheels or on flatbed or other trailers or detachable wheels, containing a flush toilet, sleeping accommodations, a tub or shower bath, kitchen facilities, and plumbing and electrical connections provided for attachment to appropriate external systems and ready for occupancy except for utility connections and other minor work. Pre-sectionalized modular, or prefabricated homes not placed on a permanent foundation, shall be regarded as MOBILE HOMES; if placed upon a permanent foundation such structures which meet all applicable building and housing codes shall not be considered as MOBILE HOMES but shall be regarded as conventional housing.
(1) MOBILE HOME LOT. A lot within a mobile home park or subdivision, designed to be used for the accommodation of one mobile home.
(2) MOBILE HOME PARK. A parcel designed and approved by the county for occupancy by mobile homes on a rental basis, meeting all requirements of the Garfield County plans and ordinances.
(3) MOBILE HOME SPACE. Space within a mobile home park, designed and to be used for the accommodation of one mobile home.
(4) MOBILE HOME SUBDIVISION. A subdivision designed and intended for residential use where the lots are to be individually owned or leased and occupied by mobile homes exclusively.
MODULAR HOME/MANUFACTURED HOME. A permanent dwelling structure which conforms to applicable building codes, built in prefabricated units, which are assembled and erected on the site, or at another location, and brought as a unit to the site.
MOTEL. A building or group of buildings for the drive-in accommodation of transient guests, comprising individual sleeping or living units, and designed and located to serve the motoring public.
NATURAL WATERWAYS. Areas varying in width along streams, creeks, springs, gullies or washes which are natural drainage channels as determined by the County Public Works Director, in which no buildings should be constructed.
NONCONFORMING BUILDING OR STRUCTURE. Building or structure or portion thereof, lawfully existing at the time this chapter became effective, which does not conform to all height, area and yard regulations herein prescribed in the Zone in which it is located.
NONCONFORMING USE. Use which lawfully occupied a building or land at the time this chapter became effective, and which does not conform with the use regulations of the Zone in which it is located.
NURSING HOME. Institution providing residence and care for the aged or infirm.
OFF-SITE FACILITIES. Improvements not on individual lots but which are generally within the boundaries of the subdivision which they serve.
OPEN SPACE. Space reserved in parks, courts, playgrounds, golf courses and other similar open areas, and those areas reserved to meet the density requirements of Planned Unit Developments.
PARCEL. Any real property that is not a lot.
PARKING LOT. An open area, other than a street used for the temporary parking of more than four automobiles and available for public use, whether free, for compensation, or as an accommodation for clients, customers or employees.
PERCENT OF GRADE. The percentage increase in elevation over a one-hundred-foot horizontal distance. For example, a 10% grade would be a use in elevation of one foot in ten feet or ten feet in 100 feet.
PERMANENT MONUMENT. A structure of concrete, masonry and/or metal permanently placed on or in the ground, including those expressly placed for surveying reference, which meets the requirements of the county for permanent monuments.
PLANNED UNIT DEVELOPMENT. An integrated design for development of residential, commercial or industrial uses or limited combinations of such uses, in which the density and location regulations of the district in which the development is situated may be varied or waived to allow flexibility and initiative in site and building design and location, in accordance with a plan approved by the Planning Commission the County Commission.
PLANNING COMMISSION. The Garfield County Planning Commission.
PUBLIC UTILITIES. These include every common carrier, pipeline corporation, gas corporation, electrical corporation, telephone corporation, telegraph corporation, water corporation where the service is performed for the commodity delivered to the public or any portion thereof.
RECREATIONAL COACH. A vehicle, such as a travel trailer, tent camper, camp car or other vehicle with or without motive power, designed and/or constructed to travel on the public thoroughfare in accordance with the provisions of the Utah Vehicle Code, and designed for use as human habitation for a temporary and recreational nature.
RECREATIONAL VEHICLE PARK. An area or tract of land or a designated section within a mobile home park where lots are rented or held for rent to one or more owners or users of recreational vehicles for a temporary time not to exceed 120 days.
ROOMER. One who occupies a hired room in another’s house.
SANITARY LANDFILL. An area set aside that meets all federal and state laws for the disposal of solid waste.
SMALL SHED. One-story detached accessory structure provided that the floor area does not exceed 200 sq. ft.
STABLE, PRIVATE. A detached accessory building for the keeping of horses owned by the occupant of the premises and not kept for remuneration, hire or sale.
STREET. A public thoroughfare which affords principal means access to abutting property with a minimum width of 26 feet.
SUBDIVISION. The division of any tract, lot or parcel of land into three or more lots, plots, sites, or other divisions of land for the purpose, whether immediate or future, of sale, lease or of building development, provided that the term SUBDIVISION shall not apply to those divisions accepted or exempted in this chapter. The word “subdivide” and any other derivative thereof shall have reference to the word SUBDIVISION as herein defined.
TRANSIENT. Occupancy of a dwelling unit, sleeping unit, recreational coach or any other space for not more than 30 days.
TRANSIENT RENTALS. Any building or portion thereof, used for commercial purposes, as the sleeping place of one or more persons or families for not more than 30 days.
USE ACCESSORY. A use subordinate and incident to the main use of a building or land located upon the same lot or parcel.
VETERINARY OR ANIMAL HOSPITAL. A building and runs where large and/or small animals are kept and/or treated by a licensed veterinarian.
YARD. A required open space on a lot, other than a court, unoccupied and unobstructed from the ground upward, except as permitted elsewhere in this chapter.
(1) YARD, FRONT. A space on the same lot with a building, between the front line of building and the front lot line and extending across the full width of the lot. The “depth” of front yard is the minimum distance between the front lot line and the front line of the building.
(2) YARD, REAR. A space on the same lot with a building, between the rear line of the building and the rear lot line and extending the full width of the lot. The “depth” of the rear yard is the minimum distance between the rear lot line and the rear line of the building.
(3) YARD, SIDE. A space on the same lot with a building, between the side line of the building and the side lot line and extending from the front yard to the rear yard. The “width” of the side yard shall be the minimum distance between the side lot line and the side line of the building.
ZONE. See DISTRICT.
ZONING ADMINISTRATOR. The official designated by the County Commission as the Zoning Administrator for Garfield County.
ZONING ORDINANCE. The Garfield County Zoning Ordinance.
(Ord. 2021-10, passed 9-27-2021)
§ 155.020 ESTABLISHMENT.
The establishment of the Planning Commission shall be in accordance with the policies and procedures as set forth in UCA § 17-27a-301. The Planning Commission shall consist of seven members. Additionally, one member of the County Commission may be permitted as a liaison to the Planning Commission. Such member shall have the right to attend all meetings and take part in all discussions, including executive sessions, but shall not vote on Planning Commission decisions.
(Ord. 2021-10, passed 9-27-2021; Ord. 2022-1, passed 1-24-2022)
§ 155.021 TERMS OF MEMBERS.
The terms of office for the members of the Planning Commission shall be four years. Members shall be permitted to be removed for cause upon written charges and after a public hearing before the County Commission, if such a hearing is requested.
(Ord. 2021-10, passed 9-27-2021; Ord. 2022-1, passed 1-24-2022)
§ 155.022 APPOINTMENT OF MEMBERS.
Members shall be appointed and approved by the County Commission. The terms of office for the Planning Commission members shall be staggered at intervals so as to provide continuity in policy and personnel. Members of the Planning Commission shall be residents of Garfield County. Any vacancy for the unexpired term of any member whose term is not completed shall be filled. A member shall continue to serve until a successor has been appointed and approved by the County Commission.
(Ord. 2021-10, passed 9-27-2021; Ord. 2022-1, passed 1-24-2022)
§ 155.023 COMPENSATION.
Compensation of members shall be set by the County Commission. Members shall be reimbursed for actual expenses incurred upon proper presentation of receipts and vouchers.
(Ord. 2021-10, passed 9-27-2021; Ord. 2022-1, passed 1-24-2022)
§ 155.024 OFFICERS.
(A) The Planning Commission shall elect from its membership a chairperson and a vice chairperson. The Planning Commission shall establish and adopt rules and procedures for its organization and transaction of business and shall keep a public record of its proceedings.
(B) A secretary to assist the Planning Commission shall be appointed by the County Commission. The secretary shall keep minutes of the Planning Commission meetings for public record and conduct all correspondence, including the notification of decisions. The secretary shall certify records. The secretary shall prepare and submit the minutes of Planning Commission meetings to the Zoning Administrator and the Planning Commission. The County Commission may elect to provide compensation to the secretary.
(Ord. 2021-10, passed 9-27-2021; Ord. 2022-1, passed 1-24-2022)
§ 155.025 QUORUM AND VOTE.
A quorum shall consist of at least four members. Evidence shall not be presented unless a quorum is present. A majority vote shall be constituted of at least a majority of members present. If a majority vote cannot be obtained among the quorum, the item of business will be deferred until the next regular meeting of the Planning Commission.
(Ord. 2021-10, passed 9-27-2021; Ord. 2022-1, passed 1-24-2022)
§ 155.026 DUTIES AND POWERS.
(A) Recommendations. The Planning Commission shall, with respect to the unincorporated areas of the County, review and make a recommendation to the County Commission for:
(1) A General Plan and amendments to the General Plan; and
(2) Land use regulations, including:
(a) Ordinances regarding the use of land within the county; and
(b) Amendments to existing land use regulations.
(B) Public hearing. Before making a recommendation to the County Commission on an item described in this section, the Planning Commission shall hold a public meeting in accordance with UCA 17-27a-2.
(C) General Plan.
(1) It shall be the duty of the Planning Commission, after holding public hearings, to create and recommend to the County Commission a General Plan for the physical development of the county, which shall be permitted to include areas outside its boundaries that bear consideration to the planning of the county.
(2) The General Plan shall include at least the following elements:
(a) Official maps;
(b) Growth and land use;
(c) Commercial/industrial uses;
(d) Transportation and utilities;
(e) Community facilities;
(f) Housing;
(g) Environmental; and
(h) Geologic/natural hazards.
(3) The Planning Commission shall be permitted to recommend amendments to the General Plan regarding the administration or maintenance of this chapter.
(D) Zoning ordinance. It shall be the duty of the Planning Commission to develop and recommend to the County Commission a zoning ordinance, in accordance with the guidelines of the General Plan, establishing zones within the county. Such regulations shall be made in regard to the character of each district and the most appropriate use of land within the county. The Planning Commission shall make periodic reports and recommendations to the County Commission.
(E) Zoning map. The County Commission shall adopt an official zoning map for all areas included within the county.
(F) Subdivisions. It shall be the duty of the Planning Commission to consider applications for the division of land in accordance with this chapter.
(G) Conditional uses. It shall be the duty of the Planning Commission to consider applications For conditional uses in accordance with this chapter.
(Ord. 2021-10, passed 9-27-2021; Ord. 2022-1, passed 1-24-2022)
§ 155.027 APPEALS AND HEARINGS.
(A) Any person with standing aggrieved by any decision of the Planning Commission shall have the right to make such appeals as provided by this chapter or state law. Such appeals shall be based on the record.
(B) Appeal of Planning Commission decisions shall be to the Garfield County Appeal Authority. Appeals shall be in writing and shall be filed with the Clerk’s office not more than 30 days after the decision by the Planning Commission. The Appeal Authority may affirm, modify or reverse the decision of the Planning Commission. Appeal review shall be recorded in an open public meeting. The Appeal Authority’s decision shall be final.
(Ord. 2021-10, passed 9-27-2021; Ord. 2022-1, passed 1-24-2022)
§ 155.040 DUTIES AND POWERS.
(A) The County Commission shall, with respect to the unincorporated areas of the county:
(1) Exercise all legislative powers, have all legislative duties and perform all legislative functions of the county;
(2) Consider each land use application that the Planning Commission recommends; and
(3) Provide notice as required by UCA § 17-27a-2 and hold a public meeting to consider the Planning Commission’s recommendations.
(B) The County Commission may, with respect to the unincorporated areas of the county:
(1) Take any action required by law and necessary to the full discharge of its duties, even though the action is not expressly authorized by state statute;
(2) Approve a land use application as recommended by the Planning Commission;
(3) Approve a land use application with revisions;
(4) Deny the recommended land use application;
(5) Consider the Planning Commission’s failure to make a timely recommendation as a negative recommendation; and
(6) Require onsite and offsite improvements, facilities and amenities if they are determined necessary to protect the health, safety and general welfare of the residents of the county, and are found consistent with the intent of this and other related ordinances.
(Ord. 2021-10, passed 9-27-2021; Ord. 2022-1, passed 1-24-2022)
§ 155.041 APPEALS.
(A) Any person with standing aggrieved by any decision of the County Commission shall have the right to make such appeals as provided by this chapter or state law. Such appeals shall be based on the record.
(B) County Commission decisions shall be final at the local level. County Commission decisions may be appealed beyond the local level by:
(1) Requesting arbitration and mediation through the Office of the Property Rights Ombudsman; and/or
(2) Filing a petition for review to the local State District Court.
(C) Appeals shall be in writing and shall be filed with the Clerk’s office not more than 30 days after the decision by the County Commission. The Property Rights Ombudsman and/or local State District Court may affirm, modify or reverse the decision of the County Commission. Appeal review shall be recorded in an open public meeting. The Property Rights Ombudsman's and/or local State District Court’s decision shall be final.
(Ord. 2021-10, passed 9-27-2021; Ord. 2022-1, passed 1-24-2022)
§ 155.055 ESTABLISHMENT.
The Board of Garfield County Commissioners shall hereby establish an Appeal Authority in accordance with UCA § 17-27a-701 and UCA § 63C-30-2.
(Ord. 2021-10, passed 9-27-2021; Ord. 2022-1, passed 1-24-2022; Ord. 2023-7, passed 10-9-2023)
§ 155.056 DUTIES AND POWERS.
The Appeal Authority for Garfield County shall hear and decide requests for variances and appeals in accordance with UCA § 17-27a-701(1)(b) and UCA § 63C-30-202.
(Ord. 2023-7, passed 10-9-2023)
§ 155.057 VARIANCES.
Requests for variances from the terms of this subchapter shall be made to the Appeal Authority. The Appeal Authority shall hear and decide requests for variances in accordance with UCA § 17-27a-702.
(Ord. 2023-7, passed 10-9-2023)
§ 155.058 APPEALS.
(A) Appeals from land use decisions applying any land use ordinance of Garfield County, State of Utah and/or appeals from a fee charged in accordance with UCA § 17-27a-509 shall be to the Appeal Authority.
(B) Appeals for County Recorder Standards in accordance with UCA § 63C-30-302 shall be to the Appeal Authority.
(Ord. 2023-7, passed 10-9-2023)
§ 155.059 FEES.
The land use applicant shall pay any applicable fee as authorized by § 155.008.
(Ord. 2023-7, passed 10-9-2023)
§ 155.075 GENERAL.
This section establishes the duties and responsibilities for the Garfield County Zoning Administrator with respect to the administration of this chapter. The Garfield County Zoning Administrator and/or designee shall be referred to hereafter as “the Zoning Administrator.”
(Ord. 2021-10, passed 9-27-2021)
§ 155.076 REVIEWS AND APPROVALS.
The Zoning Administrator shall be authorized to undertake reviews, make recommendations and grant approvals as set forth in this chapter.
(Ord. 2021-10, passed 9-27-2021)
§ 155.077 GENERAL PLAN AND LAND USE REGULATIONS.
The Zoning Administrator shall assist the Planning Commission in the amending, preparing and adopting the General Plan and land use regulations.
(Ord. 2021-10, passed 9-27-2021)
§ 155.078 SITE PLAN REVIEW.
The Zoning Administrator, along with the Building Official, shall receive all applications for site plan review and review for completeness before approving said plan.
(Ord. 2021-10, passed 9-27-2021)
§ 155.079 LAND USE APPLICATIONS.
The Zoning Administrator shall receive all land use applications or other plans to be permitted or approved as required by this chapter, review for completeness and prepare submittals for review by the Planning Commission and County Commission.
(Ord. 2021-10, passed 9-27-2021)
§ 155.080 AMENDMENTS.
Requests for amendments or changes to land use regulations, the General Plan, this chapter or map shall be submitted to the Zoning Administrator for processing.
(Ord. 2021-10, passed 9-27-2021)
§ 155.081 INTERPRETATIONS.
The interpretation and application of the provisions of this chapter shall be by the Zoning Administrator. An appeal of an interpretation by the Zoning Administrator shall be submitted to the County Commission, and such interpretation shall be considered to be final.
(Ord. 2021-10, passed 9-27-2021)
§ 155.082 LIABILITY.
The Zoning Administrator, or designee, charged with the enforcement of this chapter, acting in good faith and without malice in the discharge of the duties described in this chapter, shall not be personally, civilly or criminally liable for any damage that may accrue to persons or property as a result of an act or by reason of an act or omission in the discharge of such duties.
(Ord. 2021-10, passed 9-27-2021)
§ 155.095 REVIEW OF BUILDING PERMITS.
Applications for building permits and amendments thereto shall be submitted to the Building Official and Zoning Administrator for review and approved by both individuals prior to permit issuance. Each application shall include a set of building plans and all data necessary to show that the requirements of this chapter are met.
(Ord. 2021-10, passed 9-27-2021)
§ 155.096 SITE PLAN REVIEW.
The Zoning Administrator, along with the Building Official, shall receive all applications for site plan review and review for completeness before approving said plan.
(Ord. 2021-10, passed 9-27-2021)
§ 155.097 INSPECTION.
The Building Official is hereby authorized to inspect or to cause to be inspected all buildings and structures in the course of construction, modification or repair and to inspect land uses to determine compliance with the provisions of this chapter. The Building Official or any authorized employee of the county shall have the right to enter the premises for the purpose of determining compliance with the provisions of this chapter; provided, that such right of entry shall be exercised only at reasonable hours and that in no case shall entry be made to any occupied building in the absence of the owner or tenant thereof, or the written order of a court of competent jurisdiction.
(Ord. 2021-10, passed 9-27-2021)
§ 155.098 SITE PLAN AND BUILDING PERMIT REQUIRED.
(A) A detailed site plan, drawn to scale to be determined by the Building Official shall be filed as part of any application, prior to consideration for any building permit.
(B) The construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of structures, or any part thereof, as provided or as restricted in this chapter shall not be commenced or proceeded with except after the issuance of a written permit for the same by the Building Official. If work is not started on a structure or building within one-hundred eighty days from issuance of a permit and new permit will be required. Pursuant to the issuance of a building permit in Garfield County, the applicant shall submit evidence of having an approved potable water supply and an approved method of waste disposal. Both the water supply and the method of waste disposal shall be approved in writing by the applicable health department prior to the issuance of a building permit.
(Ord. 2021-10, passed 9-27-2021)
§ 155.099 CERTIFICATE OF OCCUPANCY REQUIRED.
Certificate of occupancy either for the whole or a part of a building or structure shall be applied for coincidentally with the application for a building permit and shall be issued within ten days after the erection or structural alteration of such building or structure or part thereof, shall have been completed in conformity with the provisions of this chapter.
(Ord. 2021-10, passed 9-27-2021)
§ 155.110 PARKING AND LOADING SPACES.
(A) General.
(1) Off-street parking shall be provided in compliance with this section where any building is erected, altered, enlarged converted or increased in size or capacity.
(2) The off-street parking spaces required for each permitted use in this chapter shall not be less than that found in the table below.
OFF STREET PARKING REQUIREMENTS
| |
Use | Number of Parking Spaces Required |
OFF STREET PARKING REQUIREMENTS
| |
Use | Number of Parking Spaces Required |
Dwelling unit | 2 per dwelling unit |
Hotel/Motel | 1 per sleeping unit |
Restaurant | 1 per 100 gross square feet |
Retail | 1 per 200 gross square feet |
Commercial | 1 per 300 gross square feet |
Industrial | 1 per 500 gross square feet |
(B) Dimensions. A minimum width of nine feet and a minimum length of 20 feet shall be provided for each parking stall. Handicap spaces shall be developed in accordance with the American Disabilities Act (ADA). For uses or occurrences where the parking requirements of this chapter are found unreasonable, appropriate parking and loading space requirements shall be determined by the Planning Commission.
(Ord. 2021-10, passed 9-27-2021)
§ 155.111 FENCING.
(A) General. Unless specifically approved by the Zoning Administrator and/or Building Official, any wall, fence or hedge shall not exceed those found in the table below.
MAXIMUM WALL, FENCE OR HEDGE HEIGHTS
| |
Yard | Height (feet) |
Front | 3.5 |
Side | 6.0 |
Rear | 6.0 |
(B) Fence types. Any wall, fence or hedge that is not primarily transparent (metal bar, chain link, etc.) shall not exceed 3.5 feet in height inside 25 feet from any front property line or side property line which fronts a street or road.
(Ord. 2021-10, passed 9-27-2021)
§ 155.112 ACCESSORY BUILDINGS.
(A) General. Accessory buildings shall occupy the same lot as the main use or building and shall be located at least ten feet from the main building or any other building.
(B) Setbacks. Accessory buildings shall meet the same front setback requirements as the main building. However, the side and rear yard setbacks for any accessory building shall be ten feet. An accessory building may be built on the side or rear property line upon approval from the Building Official as a fire proof structure (metal, block or cement).
(Ord. 2021-10, passed 9-27-2021)
§ 155.113 ACCESSORY DWELLING UNITS.
(A) Accessory dwelling units (ADU’s) shall occupy the same lot as the main use or building and shall be located at least ten feet from the main building or any other building or structure. ADU’s shall be setback at least 30 feet from any front property line and at least ten feet from any side property line.
(B) An ADU may be approved by the Building Official and Planning Department so long as the proposed accessory dwelling unit:
(1) Is constructed as a habitable living unit added to, created within or detached from a primary single-family dwelling and contained on one lot or parcel;
(2) Is constructed for the primary purpose of offering a long-term rental of 30 consecutive days or longer;
(3) Does not violate any required setbacks for front, rear or side yards or from other buildings or structures;
(4) Does not violate any local building codes;
(5) Has approval from the State or Local Health Department for the proposed wastewater system and potable water supply and approval from the State of Utah Division of Water Rights and Division of Drinking Water for potable water supply; and
(6) Does not violate any other Garfield County ordinance.
(Ord. 2021-10, passed 9-27-2021)
§ 155.114 EASEMENTS AND RIGHTS-OF-WAY.
Uses of easements and/or rights-of-way shall be permitted in or through any zone for the purpose of serving a permitted use in the same or any zone. Such easements or rights-of-way may be used for uses similar to, but not limited to the following:
(A) Roads, streets, highways, railroads, tramways, cableways and conveyor systems;
(B) Pipelines for the transmission of water, waste water, materials, fuels or products;
(C) Overhead or underground transmission or distribution lines, including poles, towers and conductors; and
(D) Structures and facilities incidental to the above.
(Ord. 2021-10, passed 9-27-2021)
§ 155.115 SPECIAL REGULATIONS.
(A) Home occupations.
(1) Classification. Home occupations shall be classified as follows:
(a) Class A: fully contained within the interior of the dwelling unit or accessory building with little to no impact on the conditional use review criteria listed in § 155.135 of this chapter (i.e., home offices, shops, etc.).
(b) Class B: may be contained within the interior and/or the exterior of the dwelling unit or accessory building with potential outdoor storage, parking, increased traffic, etc. and a clear impact on the conditional use review criteria listed in § 155.135 of this chapter (i.e., daycares, salons, retail, manufacturing, rentals, outdoor storage, etc.).
(2) Conditions. Home occupations shall comply with the following conditions:
(a) Class A home occupations shall be a permitted use in all zoning districts and an approved conditional use permit shall not be required.
(b) Class B home occupations shall be a conditional use in all zoning districts and an approved conditional use permit shall be required.
1. Class B home occupations shall be limited to one per parcel and may be approved as the main dwelling unit or the accessory dwelling unit, but not both.
(c) A town approved business license shall be required for all home occupations.
(d) The home occupation, and all inventory, supplies and equipment shall not exceed or consume more than 50% of th1e primary structure.
(e) Goods relating to the home occupation shall not be stored in the front yard of the lot
(f) If necessary, additional parking spaces shall be provided to accommodate the home occupation. All parking shall be off-street.
(B) Youth homes.
(1) Youth homes. Youth homes shall be a conditional use in Agricultural, Multiple Use and Commercial Zoning Districts and prohibited in all other zoning districts.
(2) Conditions. Youth homes shall comply with the following conditions:
(a) Youth homes shall not be located within 1,000 feet from any park, school, day care, library or religious institution;
(b) Youth homes shall not be located adjacent to any Residential Zone boundary; and
(C) Adult uses.
(1) Adult uses. Adult uses shall be a conditional use in Commercial and Industrial Zoning Districts and prohibited in all other zoning districts.
(2) Conditions. Adult uses shall comply with the following conditions:
(a) Shall not be located within 1,000 feet from any park, school, day care, library or religious institution;
(b) Shall not be located along major highways or main streets and shall not be located adjacent to any residential zone boundary;
(c) Shall only include those deemed legal by the State of Utah such as bars, taverns, pool halls, lounges, etc.; and
(F) Concentrated animal feeding operations. See the Garfield County CAFO Ordinance.
(G) Accessory dwelling units (ADUs). One ADU per lot or parcel shall be permitted in all zoning districts. The ADU shall:
(1) Not exceed 50% of the main dwelling or 1,000 square feet, whichever is less; and
(2) Be setback a minimum of:
(a) Ten feet from any dwelling or accessory building;
(b) Thirty feet from any front property line; and
(c) Ten feet from any side or rear property line.
(Ord. 2021-10, passed 9-27-2021; Ord. 2022-7, passed 4-25-2022; Ord. 2022-9, passed 7-26-2022)
§ 155.116 PHASE DEVELOPMENTS.
(A) General. New projects may be developed in phases or sections. Each phase or section shall consist of a number of improvements which can be completely developed within a period designated by the Sketch Plan Review Committee. When the improvements have been completed and approved by the Sketch Plan Review Committee, the developer may submit the next phase of the proposed development in accordance with the provisions of this section.
(B) Infrastructure improvements. Infrastructure improvements may be developed in phases, or for the entire project upon appropriate permits, inspections and approvals from the Building Official.
(C) Site plans. The initial preliminary site plan(s) and/or master plan(s) shall show all sections or phases of the development.
(D) Alterations. Whenever a change is proposed in phase ordering, the preliminary site plan shall be revised and submitted in accordance with the procedures of this section.
(E) Phase numbering. Phases shall be identified in consecutive numerical titles and an easily recognizable order, as identified on approved preliminary and/or master site plans.
(F) Intent. The intent is that improvements be completed within a reasonable period of time as designated by the Sketch Plan Review Committee. If progress has not been made within said time period, and there are no immediate plans for substantial work to be completed, the Building Official shall rule the building permit null and void by reason of inactivity.
(Ord. 2022-7, passed 4-25-2022)
§ 155.117 DEVELOPMENT AGREEMENTS.
Garfield County may enter into a development agreement containing any term that the county considers necessary or appropriate to accomplish the purposes of this chapter, in accordance with UCA § 17-27a-528.
(Ord. 2022-7, passed 4-25-2022)
§ 155.130 GENERAL.
(A) A conditional use permit shall be obtained for certain uses, which would become harmonious or compatible with neighboring uses through the application and maintenance of qualifying conditions and located in specific locations within a zone, but shall not be allowed under the general conditions of the zone as stated in this chapter.
(B) An approved conditional use permit shall be required for each conditional use listed in this chapter. No building permit, other permit or license shall be issued for a conditional use by any officer or employee unless a conditional use permit has been approved by the Planning Commission.
(Ord. 2021-10, passed 9-27-2021; Ord. 2022-1, passed 1-24-2022)
§ 155.131 APPLICATION.
Application for a conditional use permit shall be available at the Planning Department or on the county’s website. Conditional Use Permit applications shall be submitted to the County as provided in this Ordinance. Applications shall be accompanied by maps, drawings, statements or other documents in accordance with the provisions of this chapter. An appropriate fee outlined in the Garfield County Fee Resolution shall be collected at the time of submittal.
(Ord. 2021-10, passed 9-27-2021; Ord. 2022-1, passed 1-24-2022)
§ 155.132 DETERMINATION.
The Planning Commission shall approve, approve with modifications or deny conditional use applications. In approving a conditional use permit, the Planning Commission shall determine if the proposed use:
(A) Has reasonable conditions proposed, or imposed, to mitigate the reasonably anticipated detrimental effects of the proposed use in accordance with the applicable standards listed in § 155.136 of this subchapter;
(B) Will not be detrimental to the health, safety or general welfare of persons residing or working in the area, or injurious to the property or improvements in the area; and
(C) Is in harmony with the intent of the County’s General Plan, Zoning Ordinance and the Zoning District in which it is located.
(Ord. 2021-10, passed 9-27-2021; Ord. 2022-1, passed 1-24-2022)
§ 155.133 EXPIRATION AND REVOCATION.
(A) Expiration. A conditional use permit shall be considered to be exercised when the application has been approved by the Planning Commission. When such permit is abandoned or discontinued for a period of one year, it shall not be reestablished, unless authorized by the Planning Commission or Appeal Authority on appeal.
(B) Revocation. A conditional use permit shall be revoked where the applicant fails to comply with conditions imposed by the county. Conditional use permits shall be suspended upon failure to renew any associated business licenses. Upon suspension, the Planning Commission shall determine if the conditional use permit is to be reissued or revoked.
(Ord. 2021-10, passed 9-27-2021; Ord. 2022-1, passed 1-24-2022)
§ 155.134 AMENDMENTS.
An amendment to an approved conditional use permit shall be submitted to the Planning Commission accompanied by supporting information. The Planning Commission shall review the amendment and shall be authorized to approve, approve with modifications or deny any such amendment and impose applicable conditions as deemed necessary.
(Ord. 2021-10, passed 9-27-2021; Ord. 2022-1, passed 1-24-2022)
§ 155.135 CONDITIONAL USE REVIEW CRITERIA.
(A) A request for a conditional use shall be approved, approved with modifications or denied.
(B) Each request for a conditional use approval shall be consistent with the criteria listed as follows.
The request:
(1) Is consistent with all applicable provisions of the General Plan;
(2) Shall not adversely affect adjacent properties;
(3) Is compatible with the existing or allowable uses of adjacent properties;
(4) Can demonstrate that adequate public facilities, including roads, drainage, potable water, sanitary sewer and police and fire protection exist or will exist to serve the requested use at the time such facilities are needed;
(5) Can demonstrate adequate provision for maintenance of the use and associated structures;
(6) Has minimized, to the degree possible, adverse effects on the natural environment;
(7) Will not create undue traffic congestion;
(8) Will not adversely affect the public health, safety or welfare; and
(9) Conforms to all provisions of this chapter and other applicable county ordinances.
(Ord. 2021-10, passed 9-27-2021; Ord. 2022-1, passed 1-24-2022)
§ 155.136 CONDITIONAL USE STANDARDS.
(A) This section includes provisions for conditional uses that require compliance with objective standards set forth herein.
(B) Each request for a conditional use approval shall be consistent with the following standards:
(1) The safety of people and/or property;
(2) Health and sanitation;
(3) Infrastructure;
(4) Lighting;
(5) Environmental concerns;
(6) Hours of operation;
(7) Consistency with the General Plan; and
(8) Compliance with the Zoning Ordinance and other applicable county ordinances.
(Ord. 2021-10, passed 9-27-2021; Ord. 2022-1, passed 1-24-2022)
§ 155.150 GENERAL.
Except as otherwise required by state law, a structure or use legally established prior to the adoption date of this chapter shall be maintained unchanged. In other than criminal proceedings, the owner, occupant or user shall have the burden to show that the structure, lot or use was lawfully established.
(Ord. 2021-10, passed 9-27-2021)
§ 155.151 DISCONTINUANCE.
(A) Vacancy. Any lot or structure, or portion thereof, occupied by a nonconforming use, that is or hereafter becomes vacant and remains unoccupied by a nonconforming use for a period of one year shall not thereafter be occupied, except by a use that conforms to this chapter.
(B) Damage. If any nonconforming structure or use is, by any cause, damaged to the extent of 50% of its value as determined by the Building Official, it shall not thereafter be reconstructed as such.
(Ord. 2021-10, passed 9-27-2021)
§ 155.152 ENLARGEMENTS AND MODIFICATIONS.
(A) Maintenance and repair. Maintenance, repairs and structural alterations shall be permitted to be made to nonconforming structures or to a building housing a nonconforming use with valid permits.
(B) Changes of nonconforming use. A change of use of a nonconforming use of a structure or parcel of land shall not be made except to that of a conforming use. Where such change is made, the use shall not thereafter be changed back to a nonconforming use.
(C) Additions. Additions to nonconforming structures and parking areas shall conform to the requirements of this chapter. Additions to structures housing nonconforming uses that increase the area of a nonconforming use shall not be made.
(D) Certificate of occupancy required. No building hereafter structurally altered or erected shall be used or changed in use for a nonconforming use until a certificate of occupancy has been issued by the Building Official, stating that the building or proposed use thereof or the use of the land, complies with the provisions of this chapter for the renewing, changing or extending thereof.
(Ord. 2021-10, passed 9-27-2021)
§ 155.165 ESTABLISHMENT OF ZONES.
For the purpose of this chapter, the following zones are created as necessary to regulate the development of the land in Garfield County, Utah:
Zoning District | Abbreviation |
Zoning District | Abbreviation |
Agricultural | A |
Commercial | C |
Forest Recreation | FR |
Industrial | I |
Multiple Use | MU |
Residential | R |
Residential Estates | RE |
Resort Recreation | RR |
Wildlife Habitat | WH |
(Ord. 2021-10, passed 9-27-2021)
§ 155.166 BOUNDARIES OF ZONES.
The boundaries of each of the zones are established as described herein, and as shown on the map entitled “Zoning Map of Garfield County Utah,” which map is attached by reference to this chapter; and all boundaries, notations and other data shown thereon are made as much a part of this chapter as if fully described and detailed herein.
(Ord. 2021-10, passed 9-27-2021)
§ 155.167 ZONING MAP AMENDMENT PROCEDURES.
(A) The Planning Commission shall provide notice as required by UCA § 17-27a-205(1) and hold a public hearing on any proposed zoning map amendment.
(1) For a zoning map amendment proposed by the county, a notice shall be mailed at least ten days before the public hearing to each property owner whose land is directly affected by the proposed zoning map amendment.
(2) For a zoning map amendment proposed by a private property owner, a notice shall be mailed at least ten days before the public hearing to each adjacent property owner with a common lot or parcel boundary line as the subject property or within 500 feet, whichever is greater.
(B) After holding a public hearing, the Planning Commission shall give their formal recommendation to the County Commission for final consideration.
(Ord. 2023-5, passed 4-24-2023)
§ 155.168 RULES FOR LOCATING.
Where uncertainty exists as to the boundary of any zone, the following rules shall apply:
(A) Whenever a boundary line of a zone overlays any street, river, irrigation canal, other water way, private/public land boundary or any section line, the center of the street, river, irrigation canal, other water way, private/public land boundary or any section line shall be deemed to be the boundary of such zone.
(B) When the application of the above rules does not clarify the zone boundary location, the Zoning Administrator shall interpret the map.
(Ord. 2021-10, passed 9-27-2021)
§ 155.180 PURPOSE.
The purpose of the Agricultural Zone is to preserve appropriate areas for permanent and temporary agricultural and open space uses. Uses normally and necessarily related to agriculture are permitted, and uses adverse to the continuance of agricultural activity are not allowed.
(Ord. 2021-10, passed 9-27-2021; Ord. 2022-1, passed 1-24-2022)
§ 155.181 PERMITTED USES.
The following are permitted uses:
(A) Single-family dwellings, one per parcel;
(B) Accessory buildings and uses;
(C) Accessory dwelling units, one per parcel;
(D) Crop production;
(E) Livestock keeping and grazing; and
(F) Stands for the sale of produce grown on the premises.
(Ord. 2021-10, passed 9-27-2021; Ord. 2022-1, passed 1-24-2022)
§ 155.182 CONDITIONAL USES.
The following are conditional uses:
(A) Home occupations;
(B) Public and quasi-public buildings and uses;
(C) Short-term rentals;
(D) Temporary activities or events expected to consistently reoccur;
(E) Transmitting stations and towers;
(F) Utility easements; and
(G) Youth homes.
(Ord. 2021-10, passed 9-27-2021; Ord. 2022-1, passed 1-24-2022)
§ 155.183 HEIGHT REGULATIONS.
No dwelling shall be erected to a height greater than two and one-half stories or 35 feet, unless specifically approved by the Planning Commission and Building Official.
(Ord. 2021-10, passed 9-27-2021; Ord. 2022-1, passed 1-24-2022) Penalty, see § 155.999
§ 155.184 MINIMUM AREA, WIDTH, AND YARD REGULATIONS.
Zoning District | Minimum Area | Minimum Width | Front Yard Setback | Side Yard Setback | Rear Yard Setback |
A | 6.0 Acres | 400 feet | 30 feet | 10 feet | 20 feet |
(Ord. 2021-10, passed 9-27-2021; Ord. 2022-1, passed 1-24-2022) Penalty, see § 155.999
§ 155.185 OTHER PROVISIONS.
(A) Private garages and other accessory buildings shall be located at least 30 feet from the front property lines and ten feet from side and rear property lines, except that the street side yards of a corner lot shall be the same as the front yard setback required.
(B) Private garages and other accessory buildings shall be located at least ten feet from the main building or any other structure.
(C) All setbacks less than ten feet shall require written approval from the Building Official.
(D) Individual potable water supply and wastewater disposal systems shall be subject to the approval of the applicable State or Local Health Department.
(E) No building, structure or enclosure housing livestock of any kind shall be constructed closer than 100 feet to any dwelling on the same or adjacent lot or parcel.
(Ord. 2021-10, passed 9-27-2021; Ord. 2022-1, passed 1-24-2022)
§ 155.200 PURPOSE.
The purpose of the Commercial Zone is to provide for retail and service activities in locations convenient to serve the public.
(Ord. 2021-10, passed 9-27-2021)
§ 155.201 PERMITTED USES.
The following are permitted uses:
(A) Single-family dwellings, one per parcel;
(B) Accessory buildings and uses;
(C) Accessory dwelling units, one per parcel;
(D) Employee housing developments;
(E) Mixed-use buildings;
(F) Multiple-family dwellings;
(G) Accommodation and food services;
(H) Administrative services;
(I) Finance and insurance;
(J) Health care and social assistance;
(K) Information;
(L) Management companies and enterprises;
(M) Professional, scientific and technical services;
(N) Public administration;
(O) Real estate, rental and leasing;
(P) Retail trade; and
(Q) Wholesale trade.
(Ord. 2021-10, passed 9-27-2021)
§ 155.202 CONDITIONAL USES.
The following are conditional uses:
(A) Adult uses;
(B) Transmitting stations and towers;
(C) Utility easements; and
(D) Youth homes.
(Ord. 2021-10, passed 9-27-2021)
§ 155.203 HEIGHT REGULATIONS.
No building shall be erected to a height greater than four stories and 48 feet, unless specifically approved by the Planning Commission and Building Official.
(Ord. 2021-10, passed 9-27-2021) Penalty, see § 155.999
§ 155.204 MINIMUM AREA REGULATIONS AND MODIFYING REGULATIONS.
Zoning District | Minimum Area | Minimum Width | Front Yard Setback | Side Yard Setback | Rear Yard Setback |
C | None | 100 feet | 10 feet | 10 feet | 10 feet |
(A) Private garages and other accessory buildings shall be located at least ten feet from the front property lines and ten feet from side and rear property lines.
(B) Private garages and other accessory buildings shall be located at least ten feet from the main building or any other structure.
(C) All setbacks less than ten feet shall require written approval from the Building Official.
(D) Individual potable water supply and wastewater disposal systems shall be subject to the approval of the applicable State or Local Health Department.
(E) Lots with onsite septic systems and potable drinking water wells shall have a minimum lot size of one acre, per Local Health Department requirements.
(F) Commercial structures exceeding 35% of the lot or parcel area shall obtain written approval from the Building Official and Zoning Administrator.
(Ord. 2021-10, passed 9-27-2021) Penalty, see § 155.999
§ 155.215 PURPOSE.
The purpose of the Forest Recreation Zone is to permit development of identified forested areas for recreation, seasonal residential living and other similar activities, to the extent compatible with the protection of the natural and scenic resources and for the benefit of present and future generations.
(Ord. 2021-10, passed 9-27-2021)
§ 155.216 PERMITTED USES.
The following are permitted uses:
(A) Single-family dwellings, one per parcel;
(B) Accessory buildings and uses;
(C) Accessory dwelling units, one per parcel; and
(D) Crop production.
(Ord. 2021-10, passed 9-27-2021)
§ 155.217 CONDITIONAL USES.
The following are conditional uses:
(A) Home occupations;
(B) Multiple-family dwellings;
(C) Public and quasi-public buildings and uses;
(D) Short-term rentals;
(E) Transmitting stations and towers; and
(F) Utility easements.
(Ord. 2021-10, passed 9-27-2021)
§ 155.218 HEIGHT REGULATIONS.
No building shall be erected to a height greater than two and one-half stories and 35 feet, unless specifically approved by the County Planning Commission and Building Official.
(Ord. 2021-10, passed 9-27-2021) Penalty, see § 155.999
§ 155.219 MINIMUM AREA, WIDTH, AND YARD REGULATIONS.
Zoning District | Minimum Area | Minimum Width | Front Yard Setback | Side Yard Setback | Rear Yard Setback |
FR | 0.50 Acres | 90 feet | 30 feet | 10 feet | 20 feet |
(Ord. 2021-10, passed 9-27-2021)
§ 155.220 MODIFYING REGULATIONS.
(A) Private garages and other accessory buildings shall be located at least 30 feet from the front property lines and ten feet from side and rear property lines, except that the street side yards of a corner lot shall be the same as the front yard setback required.
(B) Private garages and other accessory buildings shall be located at least ten feet from the main building or any other structure.
(C) All setbacks less than ten feet shall require written approval from the Building Official.
(D) Individual potable water supply and wastewater disposal systems shall be subject to the approval of the applicable State or Local Health Department.
(E) Lots with onsite septic systems and potable drinking water wells shall have a minimum area of one acre, per Local Health Department requirements.
(Ord. 2021-10, passed 9-27-2021)
§ 155.235 PURPOSE.
The purpose of the Industrial Zone is to provide areas where industries necessary and beneficial to the local economy may locate and operate.
(Ord. 2021-10, passed 9-27-2021)
§ 155.236 PERMITTED USES.
The following are permitted uses:
(A) Accommodation and food services;
(B) Construction;
(C) Information;
(D) Manufacturing;
(E) Mining;
(F) Real estate, rental and leasing;
(G) Retail trade;
(H) Transportation and warehousing;
(I) Utilities;
(J) Waste management services; and
(K) Wholesale trade.
(Ord. 2021-10, passed 9-27-2021)
§ 155.237 CONDITIONAL USES.
The following are conditional uses:
(A) Adult uses; and
(B) Temporary construction camps.
(Ord. 2021-10, passed 9-27-2021)
§ 155.238 HEIGHT, AREA, WIDTH, AND YARD REGULATIONS.
The height and yard restrictions pertaining to any adjacent zone shall apply within 100 feet of the common property boundary.
(Ord. 2021-10, passed 9-27-2021) Penalty, see § 155.999
§ 155.239 MODIFYING REGULATIONS.
All hazardous areas or materials subject to this zone shall be completely enclosed by a secure fence or suitable barrier approved by the Building Official to prevent entrance by unauthorized persons and to protect the general public from accidental exposure.
(Ord. 2021-10, passed 9-27-2021) Penalty, see § 155.999
§ 155.250 PURPOSE.
The purpose of the Multiple Use Zone is to establish areas that are open and generally undeveloped. The Zone is designed to protect open space and resources by reducing unreasonable requirements for public utilities and services. MU Zones encourage multiple use/sustained yield activities including grazing, watershed restoration, mining and recreation. This Zone supports avoidance - minimization - mitigation protocols to prevent excessive damage to watersheds, water sources, soils, vegetation and land health from permitted activities. It is intended to promote the sustainable health, safety, welfare, custom, culture, traditional use, convenience, order and prosperity of the inhabitants of the county.
(Ord. 2021-10, passed 9-27-2021)
§ 155.251 PERMITTED USES.
The following are permitted uses:
(A) Single-family dwellings; one per parcel;
(B) Accessory buildings and uses;
(C) Accessory dwelling units, one per parcel;
(D) Agriculture, forestry, fishing and hunting;
(E) Glampgrounds and campgrounds; and
(F) Outdoor recreation.
(Ord. 2021-10, passed 9-27-2021)
§ 155.252 CONDITIONAL USES.
The following are conditional uses:
(A) Home occupations;
(B) Mining;
(C) Power generation;
(D) Short-term rentals;
(E) Temporary construction camps;
(F) Temporary activities or events expected to consistently reoccur;
(G) Transmitting stations and towers;
(H) Utility easements; and
(I) Youth homes.
(Ord. 2021-10, passed 9-27-2021)
§ 155.253 HEIGHT REGULATIONS.
No building shall be erected to a height greater than two and one-half stories and 35 feet, unless specifically approved by the Planning Commission and Building Official.
(Ord. 2021-10, passed 9-27-2021) Penalty, see § 155.999
§ 155.254 MINIMUM AREA, WIDTH, AND YARD REGULATIONS.
Zoning District | Minimum Area | Minimum Width | Front Yard Setback | Side Yard Setback | Rear Yard Setback |
A | 40.0 Acres | 400 feet | 30 feet | 30 feet | 30 feet |
(Ord. 2021-10, passed 9-27-2021)
§ 155.255 OTHER PROVISIONS.
(A) Private garages and other accessory buildings shall be located at least 30 feet from the front property lines and ten feet from side and rear property lines, except that the street side yards of a corner lot shall be the same as the front yard setback required.
(B) Private garages and other accessory buildings shall be located at least ten feet from the main building or any other structure.
(C) All setbacks less than ten feet shall require written approval from the Building Official.
(D) Individual potable water supply and wastewater disposal systems shall be subject to the approval of the Applicable State or Local Health Department.
(E) No building, structure or enclosure housing livestock of any kind shall be constructed closer than 100 feet to any dwelling on the same or adjacent lot or parcel.
(Ord. 2021-10, passed 9-27-2021) Penalty, see § 155.999
§ 155.270 PURPOSE.
The purpose of the Residential Zone is to provide appropriate locations where single-family dwellings and neighborhoods may be established, maintained and protected. The regulations also permit the properly controlled establishment of public and semi-public uses such as churches, schools, libraries, parks and playgrounds. The regulations are intended to prohibit those uses that would be incompatible with a residential neighborhood.
(Ord. 2021-10, passed 9-27-2021)
§ 155.271 PERMITTED USES.
Permitted uses are:
(A) Single-family dwellings, one per parcel;
(B) Accessory buildings and uses; and
(C) Accessory dwelling units, one per parcel.
(Ord. 2021-10, passed 9-27-2021)
§ 155.272 CONDITIONAL USES.
Conditional uses are:
(A) Home-based businesses;
(B) Multiple-family dwellings;
(C) Public and quasi-public buildings and uses;
(D) Short-term rentals;
(E) Transmitting stations and towers; and
(F) Utility easements.
(Ord. 2021-10, passed 9-27-2021)
§ 155.273 HEIGHT REGULATIONS.
No building shall be erected to a height greater than two and one-half stories and 35 feet, unless specifically approved by the Planning Commission and Building Official.
(Ord. 2021-10, passed 9-27-2021)
§ 155.274 MINIMUM AREA, WIDTH, AND YARD REGULATIONS.
Zoning District | Minimum Area | Minimum Width | Front Yard Setback | Side Yard Setback | Rear Yard Setback |
R-1 | 0.25 Acre | 100 feet | 30 feet | 10 feet | 20 feet |
R-2 | 0.50 Acre | 100 feet | 30 feet | 10 feet | 20 feet |
(Ord. 2021-10, passed 9-27-2021)
§ 155.275 MODIFYING REGULATIONS.
(A) Private garages and other accessory buildings shall be located at least 30 feet from the front property lines and ten feet from side and rear property lines, except that the street side yards of a corner lot shall be the same as the front yard setback required.
(B) Private garages and other accessory buildings shall be located at least ten feet from the main building or any other structure.
(C) All setbacks less than ten feet shall require written approval from the Building Official.
(D) Individual potable water supply and wastewater disposal systems shall be subject to the approval of the Applicable State or Local Health Department.
(E) Lots with onsite septic systems and potable drinking water wells shall have a minimum area of one acre, per Local Health Department requirements.
(Ord. 2021-10, passed 9-27-2021)
§ 155.280 PURPOSE.
The purpose of the Redevelopment Zone is to recognize problem areas in the unincorporated areas of Garfield County resulting from subdivisions which were developed and recorded prior to the adoption of applicable land use regulations by the Board of Garfield County Commissioners (pre-1986). Once these areas are recognized, the intent of this district is to redevelop the lots or parcels into larger, buildable lots, or to restore the lots or parcels back to agricultural use as they originally were before being subdivided many years ago.
(Ord. 2022-13, passed 11-28-2022; Ord. 2023-2, passed 1-23-2023)
§ 155.281 PERMITTED USES.
Temporary dry camping.
(Ord. 2022-13, passed 11-28-2022; Ord. 2023-2, passed 1-23-2023)
§ 155.282 CONDITIONAL USES.
(A) Agricultural uses (See Chapter 11).
(B) Single-family dwellings, one per parcel.
(C) Accessory buildings and uses.
(D) Accessory dwelling units, one per parcel.
(E) Short-term rentals, one per parcel.
(Ord. 2022-13, passed 11-28-2022; Ord. 2023-2, passed 1-23-2023)
§ 155.283 PROHIBITED USES.
(A) Any use not specifically listed as permitted or conditional shall be a prohibited use.
(1) This shall include all commercial operations, with the exception of short-term rentals.
(2) Existing operations shall be deemed legally nonconforming and shall comply with the “Nonconforming Uses” subchapter of this chapter.
(B) Outdoor storage of rubbish, materials and inoperable vehicles shall be prohibited.
(C) Advertising and signage shall be prohibited.
(Ord. 2022-13, passed 11-28-2022; Ord. 2023-2, passed 1-23-2023)
§ 155.284 MINIMUM AREA REGULATIONS AND MODIFYING REGULATIONS.
Use | Minimum Area | Front Yard Setback | Side Yard Setback | Rear Yard Setback |
Agricultural Uses | 6.0 Acres | 30 feet | 10 feet | 20 feet |
Structure w/ Utilities | 1.0 Acres | 30 feet | 10 feet | 20 feet |
(Ord. 2022-13, passed 11-28-2022; Ord. 2023-2, passed 1-23-2023)
§ 155.285 CONDITIONAL USE STANDARDS.
(A) Agricultural uses.
(1) Minimum Lot Area: 6.0 acres; and
(2) Approved access certified by the Garfield County Public Works Director.
(B) Single-family and/or accessory dwellings, one (each) per parcel.
(1) Minimum lot area: 1.0 acre;
(a) Lot area may be less than 1 acre, but shall be greater than 0.5 acre if served by a shared well approved by the State of Utah and Southwest Utah Public Health Department.
(2) Private or shared well with water rights approved by the State of Utah;
(3) Septic permit approved by the Southwest Utah Public Health Department;
(4) Approved access certified by the Garfield County Public Works Director; and
(5) Building permit issued from the Garfield County Building Official.
(C) Accessory buildings and uses.
(1) Minimum lot area: 1.0 acres;
(a) Lot area may be less than one acre, but shall be greater than 0.5 acre if served by a shared well approved by the State of Utah and Southwest Utah Public Health Department.
(2) If applicable:
(a) Private or shared well with water rights approved by the State of Utah.
(b) Septic permit approved by the Southwest Utah Public Health Department.
(3) Approved access certified by the Garfield County Public Works Director; and
(4) Building permit issued from the Garfield County Building Official.
(D) Short-term rentals, one per parcel.
(E) Temporary dry camping. Temporary dry camping shall be permitted as long as the following conditions are met:
(1) Permanent utilities shall be prohibited (water, wastewater, power, etc.);
(2) Wastewater and greywater shall be disposed at an approved dump station;
(3) Approved access certified by the Garfield County Public Works Director; and
(4) Occupancy of recreational vehicles shall be limited to 30 consecutive days or less.
(Ord. 2022-13, passed 11-28-2022; Ord. 2023-2, passed 1-23-2023)
§ 155.290 PURPOSE.
The purpose of the Residential Estates Zone is to provide for residential estate neighborhoods of a rural character together with a limited number of livestock for the benefit and enjoyment of the residents.
(Ord. 2021-10, passed 9-27-2021)
§ 155.291 PERMITTED USES.
The keeping of livestock is permitted, with the following conditions. Livestock shall be:
(A) Kept for private, non-commercial purposes; and
(B) Contained in an appropriate manner on the permitted lot or parcel and shall not roam freely onto adjacent properties.
(Ord. 2021-10, passed 9-27-2021) Penalty, see § 155.999
§ 155.292 CONDITIONAL USES.
Conditional uses are:
(A) Home occupations;
(B) Multiple-family dwellings;
(C) Public and quasi-public buildings and uses;
(D) Short-term rentals;
(E) Transmitting stations and towers; and
(F) Utility easements.
(Ord. 2021-10, passed 9-27-2021)
§ 155.293 HEIGHT REGULATIONS.
No building shall be erected to a height greater than two and one-half stories and 35 feet, unless specifically approved by the Planning Commission and Building Official.
(Ord. 2021-10, passed 9-27-2021) Penalty, see § 155.999
§ 155.294 MINIMUM AREA, WIDTH, AND YARD REGULATIONS.
Zoning District | Minimum Area | Minimum Width | Front Yard Setback | Side Yard Setback | Rear Yard Setback |
RE-1 | 1.0 Acres | 150 feet | 30 feet | 10 feet | 20 feet |
RE-6 | 6.0 Acres | 150 feet | 30 feet | 10 feet | 20 feet |
(Ord. 2021-10, passed 9-27-2021)
§ 155.295 MODIFYING REGULATIONS.
(A) Private garages and other accessory buildings shall be located at least 30 feet from the front property lines and ten feet from side and rear property lines, except that the street side yards of a corner lot shall be the same as the front yard setback required.
(B) Private garages and other accessory buildings shall be located at least ten feet from the main building or any other structure.
(C) All setbacks less than ten feet shall require written approval from the Building Official.
(D) Individual potable water supply and wastewater disposal systems shall be subject to the approval of the Applicable State or Local Health Department.
(E) Lots with onsite septic systems and potable drinking water wells shall have a minimum area of one acre, per Local Health Department requirements.
(F) No building, structure or enclosure housing livestock of any kind shall be constructed closer than 100 feet to any dwelling on the same or adjacent lot or parcel.
(Ord. 2021-10, passed 9-27-2021) Penalty, see § 155.999
§ 155.310 PURPOSE.
The purpose of the Resort Recreation Zone is to recognize and provide for the orderly development of certain properties as a tourist, recreation, convention, hospitality, business and gathering destination. A Resort Recreation Zone may include a cohesive and complimentary mixture of land uses including commercial, residential, recreational and/or business park along with more primitive settings. Uses should focus on developments for tourists, recreationists, visitors and the local community.
(Ord. 2021-10, passed 9-27-2021)
§ 155.311 PERMITTED USES.
Permitted uses are:
(A) Single-family dwellings, one per parcel;
(B) Accessory buildings and uses;
(C) Accessory dwelling units, one per parcel;
(D) Employee housing developments; and
(E) Short-term rentals.
(Ord. 2021-10, passed 9-27-2021)
§ 155.312 CONDITIONAL USES.
Conditional uses are:
(A) Accommodation and food services;
(B) Home occupations;
(C) Multiple-family dwellings;
(D) Public and quasi-public buildings and uses;
(E) Retail trade;
(F) Transmitting stations and towers; and
(G) Utility easements.
(Ord. 2021-10, passed 9-27-2021)
§ 155.313 MINIMUM AREA REGULATIONS AND MODIFYING REGULATIONS.
Zoning District | Minimum Area | Minimum Width | Front Yard Setback | Side Yard Setback | Rear Yard Setback |
R-1 | 0.25 Acres | 100 feet | 30 feet | 10 feet | 20 feet |
R-2 | 0.50 Acres | 100 feet | 30 feet | 10 feet | 20 feet |
C | None | 100 feet | 10 feet | 10 feet | 10 feet |
(A) Permitted uses in a Resort Recreation Zone shall meet the zoning requirements of the Residential Zoning District (R-1, R-2).
(B) Conditional uses in a Resort Recreation Zone shall meet the zoning requirements of the Commercial Zoning District (C).
(C) Private garages and other accessory buildings shall be located at least 30 feet from the front property lines and ten feet from side and rear property lines, except that the street side yards of a corner lot shall be the same as the front yard setback required.
(D) Private garages and other accessory buildings shall be located at least ten feet from the main building or any other structure.
(E) All setbacks less than ten feet shall require written approval from the Building Official.
(F) Individual potable water supply and wastewater disposal systems shall be subject to the approval of the applicable State or Local Health Department.
(G) Lots with onsite septic systems and potable drinking water wells shall have a minimum area of one acre, per Local Health Department requirements.
(Ord. 2021-10, passed 9-27-2021) Penalty, see § 155.999
§ 155.325 PURPOSE.
The purpose of the Wildlife Habitat Zone is to provide for wildlife habitat refuges, conservation areas, safe harbors and other uses for the protection of special status or otherwise designated species and habitat.
(Ord. 2021-10, passed 9-27-2021)
§ 155.326 PERMITTED USES.
Permitted uses are:
(A) Wildlife habitat refuges;
(B) Wildlife habitat conservation areas;
(C) Wildlife habitat safe harbors; and
(D) Livestock grazing.
(Ord. 2021-10, passed 9-27-2021)
§ 155.327 CONDITIONAL USES.
Conditional uses are:
(A) Transmitting stations and towers; and
(B) Utility easements.
(Ord. 2021-10, passed 9-27-2021)
§ 155.328 MODIFYING REGULATIONS.
All land areas subject to this Zone shall have a conservation and management plan approved by the Planning Commission and County Commission. The plan shall include sections describing protection of adjacent land and existing uses, contribution to recovery efforts, historical species range, species condition, and other information reasonably required to make an informed decision. Minimum lot size shall be ten acres. Areas containing special status/designated species or habitat shall be completely enclosed by a secure fence, suitable barrier or other method approved by the Planning Commission to prevent off site movement by the protected species. Land areas subject to a habitat conservation easement or agreement with local, state or federal wildlife agencies shall be Zoned Wildlife Habitat.
(Ord. 2021-10, passed 9-27-2021)
§ 155.340 PURPOSE.
The purpose of this subchapter is to protect the safety and orderly development of the community through the regulation of signs and sign structures.
(Ord. 2021-10, passed 9-27-2021)
§ 155.341 DEFINITIONS.
The following words and terms shall, for the purposes of this subchapter and as used elsewhere in this zoning chapter, have the meanings shown herein.
ABANDONED SIGN. A sign structure that has ceased to be used, and the owner intends no longer to have used, for the display of sign copy, or as otherwise defined by state law.
ANIMATED SIGN. A sign employing actual motion or the illusion of motion. Animated signs, which are differentiated from changeable signs as defined and regulated by this chapter, include the following types:
(1) ELECTRICALLY ACTIVATED. Animated signs producing the illusion of movement by means of electronic, electrical or electro-mechanical input and/or illumination capable of simulating movement through employment of the characteristics of one or both of the classifications noted in divisions (a) and (b) as follows:
(a) FLASHING. Animated signs or animated portions of signs where the illumination is characterized by a repetitive cycle in which the period of illumination is either the same as or less than the period of non-illumination. For the purposes of this chapter, FLASHING will not be defined as occurring if the cyclical period between on-off phases of illumination exceeds four seconds.
(b) PATTERNED ILLUSIONARY MOVEMENT. Animated signs or animated portions of signs where the illumination is characterized by simulated movement through alternate or sequential activation of various illuminated elements for the purpose of producing repetitive light patterns designed to appear in some form of constant motion.
(2) ENVIRONMENTALLY ACTIVATED. Animated signs or devices motivated by wind, thermal changes or other natural environmental input. Includes spinners, pinwheels, pennant strings, and/or other devices or displays that respond to naturally occurring external motivation.
(3) MECHANICALLY ACTIVATED. Animated signs characterized by repetitive motion and/or rotation activated by a mechanical system powered by electric motors or other mechanically induced means.
ARCHITECTURAL PROJECTION. Any projection that is not intended for occupancy and that extends beyond the face of an exterior wall of a building, but that does not include signs as defined herein. See also AWNING, BACKLIT AWNING, and CANOPY, ATTACHED AND FREE-STANDING.
AWNING. An architectural projection or shelter projecting from and supported by the exterior wall of a building and composed of a covering of rigid or nonrigid materials and/or fabric on a supporting framework that may be either permanent or retractable, including such structures that are internally illuminated by fluorescent or other light sources.
AWNING SIGN. A sign displayed on or attached flat against the surface or surfaces of an awning. See also WALL OR FASCIA SIGN.
BACKLIT AWNING. An awning with a translucent covering material and a source of illumination contained within its framework.
BANNER. A flexible substrate on which copy or graphics may be displayed.
BANNER SIGN. A sign utilizing a banner as its display surface.
BILLBOARD. See OFF-PREMISE SIGN and OUTDOOR ADVERTISING SIGN.
BUILDING ELEVATION. The entire side of a building, from ground level to the roofline, as viewed perpendicular to the walls on that side of the building.
CANOPY (ATTACHED). A multisided overhead structure or architectural projection supported by attachments to a building on one or more sides and either cantilevered from such building or supported by columns at additional points. The surface(s) and/or soffit of an attached canopy may be illuminated by means of internal or external sources of light. See also MARQUEE.
CANOPY (FREE-STANDING). A multisided overhead structure supported by columns, but not enclosed by walls. The surface(s) and or soffit of a free-standing canopy may be illuminated by means of internal or external sources of light.
CANOPY SIGN. A sign affixed to the visible surface(s) of an attached or free-standing canopy.
CHANGEABLE SIGN. A sign with the capability of content change by means of manual or remote input, including signs that are:
(1) ELECTRICALLY ACTIVATED. Changeable sign where the message copy or content can be changed by means of remote electrically energized on-off switching combinations of alphabetic or pictographic components arranged on a display surface. Illumination may be integral to the components, such as characterized by lamps or other light emitting devices; or it may be from an external light source designed to reflect off the changeable component display. See also ELECTRONIC MESSAGE SIGN OR CENTER.
(2) MANUALLY ACTIVATED. Changeable sign where the message copy or content can be changed manually.
COMBINATION SIGN. A sign that is supported partly by a pole and partly by a building structure.
COPY. Those letters, numerals, figures, symbols, logos and graphic elements comprising the content or message of a sign, excluding numerals identifying a street address only.
DEVELOPMENT COMPLEX SIGN. A free-standing sign identifying a multiple-occupancy development, such as a shopping center or planned industrial park, that is controlled by a single owner or landlord.
DIRECTIONAL SIGN. Any sign that is designed and erected for the purpose of providing direction and/or orientation for pedestrian or vehicular traffic.
DOUBLE-FACED SIGN. A sign with two faces, back-to-back.
ELECTRIC SIGN. Any sign activated or illuminated by means of electrical energy.
ELECTRONIC MESSAGE SIGN OR CENTER. An electrically activated changeable sign where the variable message capability can be electronically programmed.
EXTERIOR SIGN. Any sign placed outside a building.
FASCIA SIGN. See WALL OR FASCIA SIGN.
FLASHING SIGN. See ANIMATED SIGN, ELECTRICALLY ACTIVATED.
FREE-STANDING SIGN. A sign principally supported by a structure affixed to the ground, and not supported by a building, including signs supported by one or more columns, poles or braces placed in or on the ground.
FRONTAGE (BUILDING). The length of an exterior building wall or structure of a single premise orientated to the public way or other properties that it faces.
FRONTAGE (PROPERTY). The length of the property line(s) of any single premise along either a public way or other properties on which it borders.
GROUND SIGN. See FREE-STANDING SIGN.
ILLUMINATED SIGN. A sign characterized by the use of artificial light, either projecting through its surface(s) (internally illuminated); or reflecting off its surface(s) (externally illuminated).
INTERIOR SIGN. Any sign placed within a building, but not including WINDOW SIGNS as defined by this chapter. INTERIOR SIGNS, with the exception of window signs as defined, are not regulated by this chapter.
MANSARD. An inclined decorative roof-like projection that is attached to an exterior building facade.
MARQUEE. See CANOPY (ATTACHED).
MARQUEE SIGN. See CANOPY SIGN.
MENU BOARD. A free-standing sign orientated to the drive-through lane for a restaurant that advertises the menu items available from the drive-through window, and which has not more than 20% of the total area for such a sign utilized for business identification.
MULTIPLE-FACED SIGN. A sign containing three or more faces.
OFF-PREMISE SIGN. See OUTDOOR ADVERTISING SIGN.
ON-PREMISE SIGN. A sign erected, maintained or used in the outdoor environment for the purpose of the display of messages appurtenant to the use of, products sold on, or the sale or lease of, the property on which it is displayed.
OUTDOOR ADVERTISING SIGN. A permanent sign erected, maintained or used in the outdoor environment for the purpose of the display of commercial or noncommercial messages not appurtenant to the use of, products sold on, or the sale or lease of, the property on which it is displayed.
PARAPET. The extension of a building facade above the line of the structural roof.
POLE SIGN. See FREE-STANDING SIGN.
POLITICAL SIGN. A temporary sign intended to advance a political statement, cause or candidate for office. A legally permitted outdoor advertising sign shall not be considered to be a POLITICAL SIGN.
PORTABLE SIGN. Any sign not permanently attached to the ground or to a building or building surface.
PROJECTING SIGN. A sign other than a wall sign that is attached to or projects more than 18 inches from a building face or wall or from a structure where the primary purpose is other than the support of a sign.
REAL ESTATE SIGN. A temporary sign advertising the sale, lease or rental of the property or premises on which it is located.
REVOLVING SIGN. A sign that revolves 360 degrees about an axis. See also ANIMATED SIGN, MECHANICALLY ACTIVATED.
ROOF LINE. The top edge of a peaked roof or, in the case of an extended facade or parapet, the uppermost point of said facade or parapet.
ROOF SIGN. A sign mounted on, and supported by, the main roof portion of a building, or above the uppermost edge of a parapet wall of a building and that is wholly or partially supported by such a building. Signs mounted on mansard facades, pent eaves and architectural projections such as canopies or marquees shall not be considered to be roof signs.
SIGN. Any device visible from a public place that displays either commercial or noncommercial messages by means of graphic presentation of alphabetic or pictorial symbols or representations. Noncommercial flags or any flags displayed from flagpoles or staffs will not be considered to be SIGNS.
SIGN AREA. The area of the smallest geometric figure, or the sum of the combination of regular geometric figures, that comprise the sign face. The area of any double-sided or “V” shaped sign shall be the area of the largest single face only. The area of a sphere shall be computed as the area of a circle. The area of all other multiple-sided signs shall be computed as 50% of the sum of the area of all faces of the sign.
SIGN COPY. Those letters, numerals, figures, symbols, logos and graphic elements comprising the content or message of a sign, exclusive of numerals identifying a street address only.
SIGN FACE. The surface on, against or through which the sign copy is displayed or illustrated, not including structural supports, architectural features of a building or sign structure, nonstructural or decorative trim, or any areas that are separated from the background surface on which the sign copy is displayed by a distinct delineation, such as a reveal or border.
(1) In the case of panel or cabinet-type signs, the sign face shall include the entire area of the sign panel, cabinet or face substrate on which the sign copy is displayed or illustrated, but not open space between separate panels or cabinets.
(2) In the case of sign structures with routed areas of sign copy, the SIGN FACE shall include the entire area of the surface that is routed, except where interrupted by a reveal, border, or a contrasting surface or color.
(3) In the case of signs painted on a building, or individual letters or graphic elements affixed to a building or structure, the SIGN FACE shall comprise the sum of the geometric figures or combination of regular geometric figures drawn closest to the edge of the letters or separate graphic elements comprising the sign copy, but not the open space between separate groupings of sign copy on the same building or structure.
(4) In the case of sign copy enclosed within a painted or illuminated border, or displayed on a background contrasting in color with the color of the building or structure, the SIGN FACE shall comprise the area within the contrasting background, or within the painted or illuminated border.
SIGN STRUCTURE. Any structure supporting a sign.
TEMPORARY SIGN. A sign intended to display either commercial or noncommercial messages of a transitory or temporary nature. Portable signs or any sign not permanently embedded in the ground, or not permanently affixed to a building or sign structure that is permanently embedded in the ground, are considered TEMPORARY SIGNS.
UNDER CANOPY SIGN or UNDER MARQUEE SIGN. A sign attached to the underside of a canopy or marquee.
V SIGN. Signs containing two faces of approximately equal size, erected on common or separate structures, positioned in a “V” shape with an interior angle between faces of not more than 90 degrees with the distance between the sign faces not exceeding five feet at their closest point.
WALL OR FASCIA SIGN. A sign that is in any manner affixed to any exterior wall of a building or structure and that projects not more than 18 inches from the building or structure wall, including signs affixed to architectural projections from a building provided that the copy area of such signs remains on a parallel plane to the face of the building facade or to the face or faces of the architectural projection to which it is affixed.
WINDOW SIGN. A sign affixed to the surface of a window with its message intended to be visible to and readable from the public way or from adjacent property.
(Ord. 2021-10, passed 9-27-2021)
§ 155.342 GENERAL SIGN TYPES.
Sign types and the computation of sign area shall be as depicted in the most current International Zoning Code. (See Appendix B)
(Ord. 2021-10, passed 9-27-2021)
§ 155.343 GENERAL PROVISIONS.
(A) Conformance. Any sign hereafter erected shall conform to the provisions of this chapter and the provisions of the International Building Code and of any other ordinance or regulation within Garfield County.
(B) Signs in rights-of-way. Signs other than an official traffic sign or similar sign shall not be erected within two feet of the lines of any street, or within any public way, unless specifically authorized by other ordinances or regulations of the county or by specific authorization of the Zoning Administrator and/or Building Official.
(C) Projections over public ways. Signs projecting over public walkways shall be permitted to do so only subject to the projection and clearance limits either defined herein or, if not so defined, at a minimum height of eight feet from grade level to the bottom of the sign. Signs, architectural projections or sign structures projecting over vehicular access areas must conform to the minimum height clearance limitations imposed by the county for such structures.
(D) Traffic visibility. Signs or sign structures shall not be erected at the intersection of any street in such a manner as to obstruct free and clear vision, nor at any location where by its position, shape or color it may interfere with or obstruct the view of or be confused with any authorized traffic sign, signal or device.
(E) Computation of frontage. If a premise contains walls facing more than one property line or encompasses property frontage bounded by more than one street or other property usages, the sign area(s) for each building wall or property frontage will be computed separately for each building wall or property line facing a different frontage. The sign area(s) thus calculated shall be permitted to then be applied to permitted signs placed on each separate wall or property line frontage.
(F) Animation and changeable messages. Animated signs, except as prohibited in this chapter, shall be permitted in Commercial and Industrial zones only. Changeable signs, electrically activated, shall be permitted in all nonresidential zones. Changeable signs, manually activated, shall be permitted for nonresidential uses in all zones.
(G) Maintenance, repair and removal. Every sign permitted by this chapter shall be kept in good condition and repair. Where any sign becomes insecure, in danger of falling or is otherwise deemed unsafe by the Zoning Administrator and/or Building Official, or if any sign shall be unlawfully installed, erected or maintained in violation of any of the provisions of this chapter, the owner thereof or the person or firm using same shall, upon written notice by the Zoning Administrator and/or Building Official forthwith in the case of immediate danger, and in any case within not more than ten days, make such sign conform to the provisions of this chapter, or shall remove it. If within ten days the order is not complied with, the Zoning Administrator and/or Building Official shall be permitted to remove or cause such sign to be removed at the expense of the owner and/or the user of the sign.
(H) Obsolete sign copy. Any sign copy that no longer advertises or identifies a use conducted on the property on which said sign is erected must have the sign copy covered or removed within 30 days after written notification from the Zoning Administrator and/or Building Official; and upon failure to comply with such notice, the Zoning Administrator and/or Building Official is hereby authorized to cause removal of such sign copy, and any expense incident thereto shall be paid by the owner of the building, structure or ground on which the sign is located.
(I) Nonconforming signs. Any sign legally existing at the time of the passage of this chapter that does not conform in use, location, height or size with the regulations of the zone in which such sign is located, shall be considered to be a legal nonconforming use or structure and shall be permitted to continue in such status until such time as it is either abandoned or removed by its owner, subject to the following limitations:
(1) Structural alterations, enlargement or re-erection are permissible only where such alterations will not increase the degree of nonconformity of the signs.
(2) Any legal nonconforming sign shall be removed or rebuilt without increasing the existing height or area if it is damaged, or removed if allowed to deteriorate to the extent that the cost of repair or restoration exceeds 50% of the replacement cost of the sign as determined by the Zoning Administrator and/or Building Official.
(3) Signs that comply with either division (I)(1) or (I)(2) above need not be permitted.
(Ord. 2021-10, passed 9-27-2021) Penalty, see § 155.999
§ 155.344 EXEMPT SIGNS.
The following signs shall be exempt from the provisions of this chapter.
(A) Official notices authorized by a court, public body or public safety official.
(B) Directional, warning or information signs authorized by federal, state or local governments.
(C) Memorial plaques, building identification signs and building cornerstones where cut or carved into a masonry surface or where made of noncombustible material and made an integral part of the building or structure.
(D) The flag of a government or noncommercial institution, such as a school.
(E) Religious symbols and seasonal decorations within the appropriate public holiday season.
(F) Works of fine art displayed in conjunction with a commercial enterprise where the enterprise does not receive direct commercial gain.
(G) Street address signs and combination nameplate and street address signs that contain no advertising copy and that do not exceed six square feet in area.
(Ord. 2021-10, passed 9-27-2021)
§ 155.345 PROHIBITED SIGNS.
The following devices and locations shall be specifically prohibited:
(A) Signs located in such a manner as to obstruct or otherwise interfere with an official traffic sign, signal or device, or obstruct or interfere with a driver’s view of approaching, merging or intersecting traffic;
(B) Except as provided for elsewhere in this chapter, signs encroaching on or overhanging public right-of-way. Signs shall not be attached to any utility pole, light standard, street tree or any other public facility located within the public right-of-way;
(C) Signs that blink, flash or are animated by lighting in any fashion that would cause such signs to have the appearance of traffic safety signs and lights, or government vehicle warnings from a distance;
(D) Portable signs except as allowed for temporary signs;
(E) Any sign attached to, or placed on, a vehicle or trailer parked on public or private property, except for signs meeting the following conditions:
(1) The primary purpose of such a vehicle or trailer is not the display of signs;
(2) The signs are magnetic, decals or painted on an integral part of the vehicle or equipment as originally designed by the manufacturer, and do not break the silhouette of the vehicle;
(3) The vehicle or trailer is in operating condition, currently registered and licensed to operate on public streets where applicable, and actively used or available for use in the daily function of the business to which such signs relate;
(F) Vehicles and trailers are not used primarily as static displays, advertising a product or service, nor utilized as storage, shelter or distribution points for commercial products or services for the general public;
(G) Balloons, streamers or pinwheels except those temporarily displayed as part of a special sale, promotion or community event. For the purposes of this division (G), “temporarily” means not more than 20 days in any calendar year.
(H) Signs with provocative content as determined by the Planning Commission, including but not limited to language, images, visuals, sounds, and the like.
(Ord. 2021-10, passed 9-27-2021) Penalty, see § 155.999
§ 155.346 PERMITS.
(A) Permit requirements. Unless specifically required by the Building Official or Planning Department due to sign size, height, weight or electrical connections, a permit shall not be required for the erection and maintenance of a sign erected or maintained within the county. Exemptions from the necessity of securing a permit, however, shall not be construed to relieve the owner of the sign involved from responsibility for its erection and maintenance in a safe manner and in a manner in accordance with all the other provisions of this chapter.
(B) Construction documents. Before any permit is granted for the erection of a sign or sign structure requiring such permit, construction documents shall be filed with the Zoning Administrator and/or Building Official showing the dimensions, materials and required details of construction, including loads, stresses, anchorage and any other pertinent data. The permit application shall be accompanied by the written consent of the owner or lessee of the premises on which the sign is to be erected and by engineering calculations signed and sealed by a registered design professional where required by the International Building Code.
(C) Changes to signs. Signs shall not be structurally altered, enlarged or relocated except in conformity to the provisions herein, nor until a proper permit, if required, has been secured. The changing or maintenance of movable parts or components of an approved sign that is designed for such changes, or the changing of copy, business names, lettering, sign faces, colors, display and/or graphic matter, or the content of any sign shall not be deemed a structural alteration.
(D) Permit fees. Permit fees to erect, alter or relocate a sign shall be in accordance with the fee established by the Building Official.
(Ord. 2021-10, passed 9-27-2021)
§ 155.347 SPECIFIC SIGN REQUIREMENTS.
Specific sign requirements shall be in accordance with the “Specific Sign Requirements” and the “Signs for Development Complexes” sections of the most current International Zoning Code.
(Ord. 2021-10, passed 9-27-2021)
§ 155.360 GENERAL PROVISIONS.
(A) Scope.
(1) After the date of adoption of this chapter, no person shall subdivide any parcel of land in the unincorporated area of Garfield County into two or more lots, nor shall any person sell or exchange any parcel of land which is any part of a subdivision of a tract of land, nor offer for recording in the office of the County Recorder any deed conveying such parcel of land, or any interest therein, except in compliance with this chapter.
(2) All subdivisions and lots approved prior to this date shall continue as authorized under the ordinances in effect at the time of their approval. If any changes are made in those previously approved subdivisions by plat amendment processes outlined herein, the proposed changes shall come under the authority of this chapter.
(B) Waiver to the ordinance. Where unusual topographic or other exceptional conditions exist, the Appeal Authority may amend the requirements of this section after receiving the recommendation of the Garfield County Planning Commission, provided that such amendments will not substantially impair the intent of this chapter or other county ordinances related to the development of land.
(C) Appeals. Pursuant to Utah Law, no person shall challenge in District Court, the county’s land use decisions made consistent with Utah Law and this chapter, until said person has exhausted all administrative remedies as provided herein and by UCA § 17-27a-7.
(Ord. 2021-10, passed 9-27-2021)
§ 155.361 EXEMPTIONS FROM THE PLAT REQUIREMENT.
This section applies to the subdivision of lands within the unincorporated areas of Garfield County, that are not required to complete a formal preliminary or final plat process, but follow a simplified process as outlined herein.
(A) Minor-lot subdivisions. A lot or parcel resulting from a division of unincorporated land is exempt from the subdivision plat requirements of this section, if:
(1) The sketch plan or record of survey has been reviewed by the Zoning Administrator, Building Official and/or Recorder and they have given recommendation to the County Planning Commission that the proposed development qualifies as a minor-lot subdivision as set forth herein.
(2) The property is being subdivided into five or less building lots that all front a dedicated and accepted county right-of-way.
(3) Each new lot created meets, or will meet with an appropriate zone change in conjunction with the proposed subdivision, the requirements of this chapter.
(4) The developer has, at a minimum, furnished evidence of sufficient water rights and a conceptual plan for wastewater, power and other applicable utilities for the proposed development. The developer may provide other applicable landscaping infrastructure or utility plans.
(5) If the proposed development will include municipal utility connections, a letter of approval from said municipality listing the approved utilities shall be required.
(6) A lot created from a previously approved minor-lot subdivision shall not be further subdivided via minor-lot subdivision within three years of the filing and recording date of the minor-lot subdivision where the applicable lot was originally created.
(7) The Planning Commission has reviewed the development plan and record of survey in a public meeting and has given its recommendation to the County Commission for final approval in a public meeting.
(8) Before any minor-lot subdivision request is considered by the Planning Commission, the developer shall furnish evidence to the Zoning Administrator of recordable deeds for each proposed lot in the subdivision. The minor-lot subdivision shall not be presented to the Planning Commission County Commission for final approval until evidence of recordable deeds have been provided.
(9) Upon final approval from the County Commission, the developer shall file the record of survey with the County Surveyor’s Office and record the deeds with the County Recorder’s Office.
(10) Submitting a minor-lot subdivision record of survey otherwise shall be null and void.
(B) Agricultural land exemptions.
(1) A lot or parcel resulting from a division of agricultural land is exempt from the subdivision plat requirements of this section, if the lot(s):
(a) Qualifies as land in agricultural use under UCA § 59-2-5 Farmland Assessment Act;
(b) Is not used and will not be used for nonagricultural purposes; and
(c) Meets the minimum size of six acres.
(2) The boundaries of each lot or parcel that is exempted shall be graphically illustrated on a record of survey map that has received the approval of the Sketch Plan Review Committee, Planning Commission and County Commission. If the agricultural land exemption lots are created via aliquot parts or metes and bounds subdivision, the record of survey shall not be required as long as appropriate deeds are prepared to meet the requirements of the County Recorder’s Office.
(3) If a lot or parcel exempted as agricultural land is used for nonagricultural purposes as defined by the Farmland Assessment Act, the county shall require the lot to comply with the related plat requirements of this chapter.
(4) Upon final approval from the County Commission, the developer shall file the record of survey with the County Surveyor’s Office and record the deeds with the County Recorder’s Office.
(C) Metes and bounds subdivisions.
(1) A person may not submit a document that subdivides property by metes and bounds unless it contains written approval from the Planning Commission required by this section. Recording a document otherwise shall be null and void.
(2) The boundaries of each lot or parcel that is exempted shall be graphically illustrated on a record of survey that has received the approval of the Sketch Plan Review Committee, Planning Commission and County Commission.
(D) Agricultural minor subdivisions. An agricultural minor subdivision may be submitted to the County Recorder for recording without going through the full subdivision plat application process if the following requirements have been met:
(1) The petitioner is applying for a division of at least 100 contiguous acres of agricultural land to create one new lot that, after the division, is separate from the remainder of the original 100 or more contiguous acres of agricultural land.
(2) An owner may make an agricultural minor subdivision by submitting for recording in the County Recorder’s Office:
(a) A recordable deed containing the legal description of the agricultural minor subdivision lot; and
(b) A notice:
1. Indicating that the owner of the land to be divided is making an agricultural minor subdivision;
2. Referring specifically to UCA § 17-27a-605(4) as the authority for making the agricultural minor subdivision; and
3. Containing the legal description of:
a. The land to be divided; and
b. The agricultural minor subdivision lot.
(c) An agricultural minor subdivision lot:
1. May not be less than one acre in size;
2. May not be within 1,000 feet of another minor subdivision lot; and
3. Shall meet the requirements of the Garfield County Zoning Ordinance.
(E) Property boundary adjustments and boundary line agreements.
(1) To make a property boundary adjustment (i.e., parcel or lot line adjustment), a property owner shall meet the requirements of UCA § 17-27a-522.
(2) To execute a boundary line agreement, a property owner shall meet the requirements of UCA § 17-27a-523.
(F) Subdivision amendments. The public hearing requirement of UCA § 17-27a-608(1)(d) does not apply and the Garfield County Commission may consider at a public meeting an owner’s petition for a subdivision amendment if the petition seeks to:
(1) Join two or more of the petitioning fee owner’s contiguous lots;
(2) Subdivide one or more of the petitioning fee owner’s lots, if the subdivision will not result in a violation of this chapter or a development condition;
(3) Adjust the lot lines of adjoining lots or between a lot and an adjoining parcel if the fee owners of each of the adjoining properties join the petition, regardless of whether the properties are located in the same subdivision;
(4) On a lot owned by the petitioning fee owner, adjust an internal lot restriction imposed by the local political subdivision; or
(5) Alter the plat in a manner that does not change existing boundaries or other attributes of lots within the subdivision that are not:
(a) Owned by the petitioner; or
(b) Designated as a common area.
(G) Public right of way subdivisions. A parcel of land divided by a public (county or state) right-of-way is exempt from the subdivision plat requirements of this chapter and the owner of real property may legally subdivide the property, only as it is currently portrayed, by recording deeds at the Office of the County Recorder. Prior to recording the deeds, the exemption shall be confirmed and approved by the Sketch Plan Review Committee.
(Ord. 2021-10, passed 9-27-2021; Ord. 2022-7, passed 4-25-2022)
Statutory reference:
For state law provisions, see UCA § 17-27a-605
§ 155.362 SKETCH PLAN PROCEDURES.
(A) Sketch plan review meeting.
(1) Upon receipt of application, the Zoning Administrator shall schedule a sketch plan review meeting with the subdivider, Building Official, Public Works Director, Recorder and other related individuals as deemed necessary, to review the proposed plans and make recommendations to the subdivider for the preparation of the formal preliminary plat for submission to the Planning Commission.
(2) At this meeting, it shall be determined if the proposed development qualifies as an exception to the formal subdivision requirement of this chapter as provided herein.
(3) The conceptual sketch plan shall have no official standing or approval. It may be amended or modified from time to time by the subdivider as deemed appropriate prior to submission and approval of the Planning Commission.
(B) Sketch plan requirements. The sketch plan shall include the following:
(1) The general location of the proposed subdivision, number, size and layout of lots and public or private access. It should also show natural or man-made features on the site and describe the historical use of the property, if significant.
(2) The subdivider shall prepare the formal preliminary plat according to the recommendations from the sketch plan review meeting and present the applicable application to the Zoning Administrator along with the required documentation and fees.
(C) Sketch plan not an application for subdivision approval.
(1) The sketch plan shall not constitute an application for subdivision approval, as provided and required by this chapter, and is in no way binding on the county or the applicant. Any discussion that occurs at the sketch plan review meeting shall not be considered any indication of subdivision approval or disapproval, either actual or implied.
(2) Formal application for subdivision approval shall only be considered filed with the county upon payment of the required fees and the submission of all required documentation and materials as required for a preliminary subdivision plat as contained herein, and after a determination of subdivision application completeness by the Planning Commission.
(3) Those developments that are determined exceptions to the formal plat process shall be recommended to the Planning Commission as such for formal review and approval as outlined herein.
(D) Determination of greenbelt eligibility.
(1) A private parcel of land shall be determined eligible for the greenbelt tax exemption if all of the following conditions are met. The qualifying parcel or lot shall:
(a) Consist of at least five acres of bona fide farmland and at least one acre of land set aside for the greenbelt homesite for a minimum lot or parcel area of six acres; and
(b) Meet the qualifications for agricultural use assessment as set forth in UCA § 59-2-503.
(2) (a) A private parcel or lot of land shall be determined ineligible for the greenbelt tax exemption if any of the following conditions are met. The parcel or lot:
1. Has been divided into lots smaller than six acres; or
2. Is changed from bona fide Agricultural to any other use including, but not limited to residential subdivisions; commercial developments; industrial uses, with the exception of CAFO’s; etc.
(b) When a qualified parcel of land is determined ineligible for the greenbelt tax exemption, due to the result of a new land use application, or any other reason, the owner of said land shall be required to pay the five-year rollback tax at the Office of the County Treasurer and furnish evidence of payment to the Zoning Administrator before the land use application is to be considered by the Planning Commission or County Commission.
(Ord. 2021-10, passed 9-27-2021)
§ 155.363 PRELIMINARY PLAT.
(A) Submission requirements.
(1) Copies of all required materials for a preliminary plat shall be officially submitted to the Planning Department and all fees paid prior to the date of the Planning Commission meeting at which the preliminary subdivision plat is to be reviewed in a public meeting.
(2) If the proposed subdivision lies within one-one half mile of a municipality or lies within a municipality’s annexation growth area, the preliminary plat shall be delivered to the related city or town for their review and receive written approval by the municipality prior to approval of the preliminary plat by the County Planning Commission.
(B) Plat requirements.
(1) At a minimum, an electronic copy of the plat shall be emailed to the county at least 14 days before the scheduled Planning Commission meeting. Additional copies, larger prints or additional maps relating to the subdivision application may be provided as well.
(2) The plat shall meet the requirements of UCA § 17-27a-6 and UCA § 17-23-17.
(3) The plat shall also meet the requirements of the Sketch Plan Review Committee.
(C) Application requirements. In addition to the applicable plat, the county shall also require the following information:
(1) Potable drinking water and/or wastewater system information and approval from the applicable Health Department;
(2) Municipal, Home Owner's Association, Special Service District, Local Improvement District or any other local entity approvals, if applicable;
(3) Utility provider approval, if applicable;
(4) Total number of off-street parking spaces, including those associated with a single-family residential development;
(5) Estimated construction cost and proposed method of financing of the streets and related facilities; water distribution system; sewage collection system; storm drainage facilities; and such other utilities as may be necessary;
(6) Total development area, and number of proposed dwelling units and other buildings and their proposed use; or
(7) Any other data or approval documentation applicable to the proposed subdivision application as deemed necessary by the county.
(D) Review procedures. When a preliminary plat has been officially submitted to, received and approved by the Planning Department, it shall be placed on the agenda of the next regularly scheduled Planning Commission meeting within forty-five days for review. When reviewing for completeness, the Planning Department shall ensure approval has been granted from the Sketch Plan Review Committee, all required documentation has been provided and all required application fees have been paid prior to being placed on the Planning Commission agenda.
(E) Planning Commission approval.
(1) The Planning Commission shall:
(a) Provide notice as required by UCA § 17-27a-2;
(b) Hold a public meeting to consider the proposed subdivision application;
(c) If applicable, consider each written objection filed in accordance with UCA § 17-27a-205(4) prior to the public meeting;
(d) Approve recommendations for only those preliminary plats which it finds have been developed in accordance with the standards and criteria specified in this chapter and all other ordinances of the county including, but not limited to, major road plans, the Garfield County General Plan, building codes and other applicable rules and regulations; and
(e) Consider the application and all materials submitted, as well as any input or comments received.
(2) The Planning Commission may:
(a) Recommend onsite and offsite improvements, facilities and amenities if they are determined necessary and accompanied by a finding of the Planning Commission that such onsite and offsite improvements, facilities and amenities are required to protect the public health, safety and welfare of the residents of the subdivision, or the residents of the county; and
(b) Recommend approval of the preliminary subdivision application as presented, recommend approval with revisions and/or conditions or recommend denial of the preliminary subdivision application.
(3) The determination of the Planning Commission shall be accomplished by findings of fact. The recommendations of the Planning Commission shall be made in writing to the County Commission.
(F) County Commission approval.
(1) The County Commission shall:
(a) Consider each subdivision application that the Planning Commission recommends; and
(b) Provide notice as required by UCA § 17-27a-502(2) and hold a public meeting.
(2) The County Commission may:
(a) Approve the preliminary subdivision application as recommended by the Planning Commission;
(b) Approve the preliminary subdivision application with revisions, and/or conditions;
(c) Deny the preliminary subdivision application;
(d) Consider the Planning Commission’s failure to make a timely recommendation as a negative recommendation; or
(e) Require onsite and offsite improvements, facilities and amenities if they are determined necessary to protect the health, safety and general welfare of the residents of the county, and are found consistent with the intent of this and other related ordinances.
(3) Approval of the preliminary subdivision application by the County Commission shall:
(a) Not constitute final approval of the subdivision by the County, but allows the applicant to proceed with the preparation of the final subdivision plat and all required documents;
(b) Not authorize the development of land or the issuance of any building permit for the subdivision site or any proposed lots; and
(c) Be effective for a period of one year from the date the preliminary subdivision application is approved by the County Commission. If a final subdivision application is not submitted for approval within the one-year period, the preliminary subdivision approval shall be void, and the applicant shall be required to submit a new preliminary subdivision application for review and approval, subject to the related county and state rules and regulations in effect at that time.
(Ord. 2021-10, passed 9-27-2021)
§ 155.364 FINAL PLAT.
(A) Final plat required. After compliance with preliminary plat requirements, and after the plat has been approved by the County Commission in a public meeting, a final plat of the subdivision covering all or part of an approved preliminary plat shall be prepared by a licensed surveyor not in the employ of the county in conformance with the design standards and submitted within one year from the date of the preliminary plat approval, unless the time is extended by the county in writing. Otherwise, preliminary approval shall be deemed to have been withdrawn.
(B) Application requirements. The following information is required for a complete final subdivision application:
(1) Approval from the Southwest Utah Public Health Department for the subdivision feasibility study;
(2) Approval from utility providers, if applicable (i.e., municipality, water company, special service or local improvement district, etc.);
(3) Payment of all applicable fees resulting from the application (i.e., subdivision, zone change, etc.);
(4) One 24" x 36" final subdivision plat on Mylar drawn by a licensed surveyor in the State of Utah:
(a) The plat shall meet the requirements of UCA § 17-27a-6 and UCA § 17-23-17; and
(b) The plat shall also meet the requirements of the Garfield County Recorder, Planning Department, Public Works Department and Building Official.
(5) Proof of ownership via vesting deed;
(6) Copy of master tax roll record to prove no back taxes are owed;
(7) Wastewater disposal method with engineered plans;
(8) Culinary water system method with engineered plans;
(9) A detailed infrastructure plan for proposed roads, culinary water lines, wastewater systems, power lines and other proposed utilities or services; and
(10) Attached zone change application, if applicable.
(C) Phase development.
(1) The final platting of subdivisions may be done in phases. Each phase shall consist of a number of lots which can be completely developed with off-site improvements within a period designated by the Planning Commission.
(2) The intent is that improvements be completed within a reasonable period of time designated by the Planning Commission. If little to no work has been done within said time period, and there are no immediate plans for substantial work to be completed, the Planning Commission shall rule the plat null and void by reason of inactivity.
(3) When the off-site improvements have been completed and approved by the county, the subdivider may submit the next phase of the proposed development in accordance with the provisions of this chapter.
(4) A final plat shall be accepted only upon the submission of qualified evidence indicating that the subdivider has the financial ability to complete the proposed public improvements for all lots within the phase to be submitted.
(D) Recording.
(1) The subdivision plat shall be filed at the office of the County Surveyor and applicable deeds shall be recorded at the office of the County Recorder within one year of approval by the County Commission in a public meeting.
(2) If the approved final subdivision plat is not recorded within 60 days of the date of approval by the County Commission, the final subdivision approval shall be void, and the applicant shall be required to submit a new preliminary subdivision application for review and approval subject to the then existing provisions of this chapter and all other applicable federal, state and local requirements.
(E) Site preparation and building permits prohibited. No excavation, grading or other improvement shall take place on any land and no building permits shall be issued within the proposed subdivision until:
(1) The final subdivision application has been approved by the County Commission in a public meeting;
(2) The subdivision plat has filed at the office of the County Surveyor;
(3) Applicable deeds have been recorded at the office of the County Recorder; and
(4) All applicable fees have been paid.
(Ord. 2021-10, passed 9-27-2021) Penalty, see § 155.999
§ 155.365 DEDICATION, ACCEPTANCE AND MAINTENANCE RESPONSIBILITY.
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) ACCEPTANCE. Actions of the county to take ownership of rights-of-way dedicated to public use as shown on the subdivision plot or other recordable downward.
(2) DEDICATION. Action of the developer to transfer ownership and control of rights-of-way shown on the subdivision plot or other recordable elements from private to public ownership.
(3) MAINTENANCE RESPONSIBILITY. The obligation and responsibility of keeping road, street, or improvement in a condition that provides responsible use.
(B) Dedication and acceptance.
(1) The subdivider shall identify public roads, streets, and improvements that are to be transferred to public ownership on the subdivision plat or other recordable document. Dedication shall not occur until widths, alignments, location and design features of the proposed rights-of-way are approved by the county.
(2) After approval by the county, the final subdivision plat or recordable document defining roads, streets and public improvement that are dedicated to the public may be accepted by the county, at the county’s discretion. A legal description of accepted improvements will be filed in the office of the County Recorder and the county shall take ownership as of the date of recording.
(3) The subdivider shall bring public streets, easements and other public improvements to county standards and maintain them in that condition for a period of one year before maintenance as public facility may be requested. Only after inspection shall the County Commission consider the facilities for public maintenance; however, the developer will be required to maintain said improvements until such time as the county decides to accept maintenance responsibility for streets and other improvements dedicated to the county.
(4) At the time the county decides to accept maintenance responsibility it will do so only when it finds that the subdivider has constructed, installed, and maintained the required public improvements to the minimum standards and requirements of the county at the time the project was approved for completion.
(5) County services will not be provided to the subject area until maintenance responsibility for the public improvements is accepted, and the roads are formally dedicated.
(6) In the event the County Commission does not accept maintenance responsibility of the dedicated public improvements, the subdivider shall be so advised in writing by the County Attorney stating the reason for the non-acceptance and necessary corrective actions. If the needed corrections are not made within a reasonable time, as so stated in the notice, the county may have the improvements completed and paid for out of the security deposits for the subdivision.
(Ord. 2021-10, passed 9-27-2021)
§ 155.366 DESIGN STANDARDS.
(A) Natural conditions protected. All subdivisions shall comply with the following standards.
(1) The design and development of subdivisions shall preserve insofar as possible the natural terrain, natural drainage, existing topsoil and trees.
(2) Land subject to hazardous conditions such as slides, mud flows, rock falls, snow avalanches, possible mine subsidence, shallow water table, open quarries, floods and polluted or non-potable water supply shall be identified and shall not be subdivided until the hazards have been eliminated or will be eliminated by the subdivision and construction plans.
(B) Lots. All lots approved for building shall comply with the following.
(1) All lots shall conform in dimension and acreage requirements of the zone in which they are located.
(2) Lots shall meet the minimum requirements of this chapter and the Local Health Department for wastewater disposal.
(3) All lots shall abut a dedicated street, a public street, a street which has become public by right of use or a private street maintained by a maintenance agreement.
(4) The travel surface for streets shall be at least twenty-four feet wide. In the event a lot abuts a public right-of-way created by use, the subdividers shall improve the right-of-way to the standards required by this chapter.
(5) Corner lots shall have extra width sufficient for maintenance of required building lines and setbacks on both streets.
(6) All remnants of lots less than minimum size left over after subdividing a larger tract shall be added to adjacent lots rather than allowed to remain lot remnants.
(7) No single lot shall be divided by a municipal or county boundary line.
(8) A lot shall not be divided by a road, alley or other lot.
(9) No wedge-shaped lot shall be less than 30 feet in width at the front property line.
(C) Street standards. All county streets and roads shall be designed and built to the AASHTO standards. The designing engineer shall certify in writing that this is the case when the preliminary plats are submitted for approval.
(1) Stub streets with approved turn-arounds shall be provided where needed to connect to adjacent undeveloped land, and new streets shall be provided where needed to connect to existing stub streets in adjacent subdivisions. Not more than three lots shall front stub streets, except where a temporary cul-de-sac turnaround is provided.
(2) Intersections of minor streets with major streets shall be kept to the minimum possible.
(3) Streets shall have the following minimum right-of-way widths:
(a) Major Collector: 100 feet
(b) Minor Collector: 66 feet
(c) Collector Street: 66 feet
(d) Major Street: 66 feet
(e) Minor Streets and Frontage Roads: 66 feet
(f) Private Street or Road: Private streets or road rights-of-way are not under the authority of the county and shall not be restricted in any manner except that the county may require a minimum 66 feet road right-of-way for future public needs if it is apparent that more lots may developed in the future that will require a public road to service these lots.
(4) Maintenance of private streets is the responsibility of the land owner(s). If the street is to ever become a public street, it shall be brought up to county road standards prior to the county accepting maintenance responsibility.
(5) If the private property owners that the road serves request that the road become a public road, they shall pay the cost of doing so. If the county or some other public entity requests that the road become a public road, the costs of bringing the road to county standards may be negotiated.
(6) The county shall not take a private road right-of-way against a private property owner’s will for public use without due process and fair compensation.
(7) All county roadway travel surface widths shall be consistent with AASHTO Standards for the use and speed to be traveled on said roads as determined by the designing engineer and approved by the County Public Works Director.
(8) Minimum ten-foot shoulders shall be provided where there are no curbs installed.
(9) No half-streets are permitted, except if required to complete a half-street already existing and approved by the Planning Commission and the County Commission.
(10) Dead-end streets and or street stubs shall have approved temporary turn-arounds and/or shall be built to accommodate future access to adjoining properties.
(11) Approved permanent cul-de-sac streets shall serve no more than six lots and extend not more than 500 feet with the cul-de-sac having a minimum radius of 50 feet or more, and the outside curb or pavement edge radius as required by fire code.
(12) No more than four streets shall enter an intersection.
(13) Streets shall intersect at 90 degrees.
(14) Two streets meeting a street from opposite sides shall meet at the same point, or their center lines shall be offset at least 200 feet.
(15) Streets shall have the names of existing streets which are in alignment or which connect directly to the end of a street. There shall be no duplication of street names within the area. All street names shall be approved by the County Planning Commission. Permanent signs shall be installed by the developer at his or her expense at the time of installation of other off-site public improvements.
(16) Curvature and alignment.
(a) All horizontal curves shall comply with AASHTO Standards for desired speeds.
(b) All vertical curves shall comply with AASHTO Standards for desired speeds.
(c) Where a subdivision abuts a highway, frontage roads may be required for the safety of the public.
(17) Roadbed construction. Minimum roadbed grading and paving for County streets and roads shall be according to AASHTO Standards.
(18) Road grades. All roads and street grades shall be designed in compliance with AASHTO Standards and approved by the County Public Works Director.
(19) Block standards. Block lengths shall be reasonable as approved by the County Public Works Director, and in total design shall provide for safe, convenient access and circulation for the general public and emergency vehicles as per fire code.
(D) Easement standards.
(1) Easements shall follow rear and side lot lines whenever practical and shall have a minimum total width of fifteen feet apportioned equally in abutting properties except where the gradient or terrain may require additional space for working or maintenance of the easement.
(2) Where front-line easements are required, a minimum of 15 feet shall be allocated as a utility easement. Perimeter easements shall not be less than 15 feet in width, extending throughout the peripheral area of the development, if required by the Planning Commission.
(3) All easements shall be designed so as to provide efficient installation of utilities, design features or street planning.
(4) The Planning Commission may require the exterior perimeter of any subdivision to be fenced if the need is apparent to protect the health, safety, and welfare of the residents or others.
(5) Unless the Planning Commission and County Commission determine, upon application by a subdivider, supported by recommendation of the County Public Works Director, that it is not feasible to do so, all power lines, telephone lines, and other utility lines shall be placed underground by the subdivider.
(E) Alleys. The County Planning Commission may approve service access to the interior of blocks in certain instances, in which case alleys shall be indicated on the plan and plat.
(F) Culinary water system standards.
(1) Culinary water systems shall meet the requirements of the Southwest Utah Public Health Department and the State of Utah.
(2) Prior to final subdivision approval, the proposed culinary water system plans and specifications (improvement drawings), including water quantity and quality, shall be approved by the Local Health Department or the DEQ, as applicable.
(3) Hauling water to a proposed subdivision to meet the water and fire protection requirements of this chapter is prohibited and shall not be accepted by the county as a method of providing any subdivision with water and fire protection services.
(4) Culinary water supply.
(a) The subdivider shall provide a piped, public or private culinary water supply to the property line of every lot in any subdivision.
(b) Said system shall be designed and built to safe drinking water standards as evidenced by written approval from the State of Utah.
(c) The culinary water system and plans shall also be approved by the Local Health Department, DEQ, Fire Marshall and County Building Official before approval is issued.
(G) Wastewater system standards.
(1) The Local Health Department and/or DEQ shall review and approve the proposed wastewater treatment method and submit its approval in writing with the application for preliminary plat approval. It shall be the responsibility of the applicant to provide information and materials as required by the Local Health Department or DEQ, as applicable, necessary to evaluate the proposed sewage treatment method.
(2) Connection to an existing public sewer system, with adequate sewer treatment capacity, is required for all subdivisions and individual lots, if public sewer lines are within 300 feet of the borders of the subdivision or any lot to be developed within the un-incorporated lands of the county or as dictated by state law.
(3) If connection to an existing public sewer system is not authorized, the applicant shall present an alternative, that has been approved by the Local Health Department or DEQ in writing, to the Planning Commission with the preliminary application.
(4) Based upon the recommendations of the Building Official, Zoning Administrator and local health department or DEQ, the Planning Commission may recommend, and the County Commission may require, the installation of a private central wastewater system, and/or the provision of sewer lines (dry sewer), necessary to facilitate the connection of the proposed subdivision to a central sewer system at a later date.
(5) In all cases where a proposed subdivision is not to be connected to an approved public sewer system, approval for the proposed sewage treatment method shall be obtained from the Local Health Department or the DEQ, as applicable.
(6) For all proposed subdivisions, or subdivision phases, where onsite wastewater disposal systems are proposed, the preliminary subdivision application shall include written approval from the Health Department for each lot proposed.
(7) Larger lots than those provided by the Zoning District in which the proposed subdivision is located, may be required by the county to assure that each lot will provide adequate onsite sewer treatment. The location of the approved absorption site shall be shown and identified clearly on the preliminary subdivision plat.
(8) Septic tanks and/or sealed vaults or other alternative treatment methods may be approved only when an existing public sanitary sewer system is more than 300 feet from the nearest boundary of the lot or the nearest boundary of a proposed subdivision. Written approval from the Local Health Department or DEQ shall be required for all forms of wastewater disposal.
(9) When individual on-site wastewater systems are proposed, the lot owner shall install such facilities at the time the principal building is constructed, and no building permit shall be issued until such installation is assured and approved by the Building Official.
(10) In all other cases, wastewater disposal facilities shall be provided for every lot or parcel that is to be used for residential or commercial building.
(H) Flood plain standards.
(1) All subdivisions and buildings within a flood plain shall be the responsibility of the subdivider and not the county.
(2) No subdivision in the county shall be allowed in a flood plain unless each lot is situated where there is sufficient area for the location of a dwelling entirely outside the flood plain, and where all setback requirements of the zone in which the subdivision is located, can be met.
(3) Flood plains shall be determined according to the latest FEMA flood maps.
(I) Storm drainage standards.
(1) Complete drainage systems for the entire subdivision area shall be designed by a professional engineer, licensed in the state of Utah and qualified to perform such work, and shall be shown graphically. All existing drainage features which are to be incorporated in the design shall be identified. If the final plat is to be presented in phases, a general drainage plan for the entire area shall be presented with the first phase, and appropriate development stages for the drainage system for each phase indicated.
(2) The drainage system shall be designed by a registered engineer who shall certify that it has been done according to professional drainage standards. The subdivider shall be responsible for the results and performance of the drainage system.
(3) The drainage system shall be designed by the subdivider to consider the drainage basin as a whole and shall accommodate not only runoff from the subdivision area but also accommodate the runoff from those areas adjacent to and “upstream” from the subdivision itself, as well as its effects on lands downstream.
(4) All proposed surface drainage structures shall be indicated on the plans.
(5) All appropriate designs, details, and dimensions needed to explain clearly proposed construction materials and elevations shall be included in the drainage plans.
(J) Fire protection.
(1) All subdivisions shall have a fire protection plan prepared by qualified individuals and approved by the state, county, or community fire officials as the case may be prior to approval of any subdivision or development within the county.
(2) The fire protection plan shall apply to all lands that are to be developed as well as any properties adjacent to and that might otherwise be impacted by the possibility of fire.
(3) The following shall be a minimum to be included in the plans:
(a) Fire flow needs to protect all properties to be located in the development to a minimum fire protection rating;
(b) Source, availability, amount, and delivery of water necessary to meet fire flow requirements;
(c) Responsibility, training, and availability of personnel for maintenance and operation of required firefighting infrastructure and equipment; and
(d) Written approval of the fire protection plan of all related fire officials;
(4) The fire protection plan shall be submitted with the preliminary plat application and be considered as an integral part of the subdivision plat approval process.
(5) In the case of remote cabin sites, a minimum of 1,000 gallons of water storage shall be required for fire protection for each dwelling during and following construction. It shall be the responsibility of the respective property owners to ensure that this provision is met.
(6) The county shall not be liable for any action taken by the subdivider as a result of this chapter.
(Ord. 2021-10, passed 9-27-2021)
Statutory reference:
State law provisions, see UCA § 17-27a-7
§ 155.367 FINANCIAL RESPONSIBILITY.
(A) Guarantee. To ensure that improvements are installed as required by this chapter, and before final plat approval by the County Commission, the subdivider shall guarantee the installation thereof by one or a combination of one or more of the methods specified as follows.
(B) Performance bonds. The subdivider shall furnish and file with the County Clerk a corporate surety bond, to assure that the actual construction of such improvements is completed within a period of two years immediately following the approval of the final plat and subdivision by the County Commission, which bond shall be approved by the County Commission and the County Attorney.
(C) Escrow deposit. The subdivider shall deposit in escrow with an escrow holder approved by the County Commission an amount of money, under an interest-bearing escrow agreement conditioned upon the installation of said improvements within two years from the approval of the final plat and subdivision. The escrow agreement aforesaid shall be approved by the County Commission and the County Attorney and shall be filed with the County Recorder.
(D) Irrevocable letter of credit. The subdivider shall file with the County Commission an irrevocable letter of credit from a duly chartered state or national bank or savings and loan institution, which letter shall contain provisions substantially similar to those required by the escrow agreement and shall be approved by the County Commission and County Attorney before being accepted.
(1) The amount of the above instruments shall be equal to 110% of the cost of the improvements as estimated by the County Public Works Director plus a percentage to cover inflation.
(2) The guarantee employed shall be approved as to method and form by the County Attorney.
(3) The County Commission is authorized to prescribe by administrative rule, or regulation, forms and procedures to insure the orderly, regular and efficient processing of applications for the approval of a proposed subdivision and the strict compliance with the requirements of this chapter.
(E) Default. In the event the subdivider defaults or fails or neglects to install satisfactorily the required improvements within two years from the date of approval of the final plat, the County Commission may declare the guarantee forfeited, and may install or cause the required improvements to be installed, using the proceeds from the collection of the posted security to defray the expenses thereof.
(F) Phased development. Whenever the subdivider shall develop a subdivision in phases, each phase shall be secured as provided herein, such development shall be in an orderly manner and in such a way that the required improvements will be continuous and all said improvements will be made available for full, effective and practical use thereof by lessee or grantee of any of the subdivided lands within herein before specified.
(G) Improvements guarantee.
(1) The subdivider shall warrant and guarantee that the improvements provided for herein and every part thereof, will remain in good condition for a period of year after the date of conditional acceptance by the County Commission and shall agree to make all repairs to and maintain the improvements and every part thereof in good condition during that one-year period at no cost to the county.
(2) It is further agreed and understood that the identification of the necessity for repairs and maintenance of the work rests with the County Public Works Director, whose decision upon the matter shall be final and binding upon the subdivider, and the guarantee hereby stipulated shall extend to and include, but not be limited to the entire street, sub-grade, base, and surface and all pipes, joints, valves, backfill and compacting as well as the working surface, curbs, gutters, sidewalks and other accessories that are, or may be, affected by the construction operations.
(3) If the subdivider does not complete needed repairs after written notice from the County Public Works Director within 30 days after the date of notice, the County Public Works Director, with the approval of the County Commission, shall have such repairs made, and the cost of such repairs shall be paid out of the performance security deposits held in the name of the county for that project.
(H) Covenant.
(1) The subdivider shall execute and acknowledge in a form approved by the County Attorney, and capable of recording in the office of the County Recorder, a written agreement with the County Commission by which the subdivider covenants that he or she will not sell, lease or convey any of the subdivided property to anyone whomsoever unless he or she shall first record the approved final plat and posted the necessary financial security as provided in this chapter.
(2) The agreement shall specifically provide that it shall be deemed to be a covenant running with the land to secure the installation of all the improvements required by this chapter together with a payment of all costs, including a reasonable attorney’s fee, which the County Commission may incur in enforcing any of the terms and provisions of the agreement.
(3) This condition shall be released when final release of security is approved by the County Commission.
(I) Acceptance and release of surety. Acceptance of public improvements and release of surety shall only be done following final inspection and recommendation by the County Public Works Director to the County Commission. No improvement security shall be released until all improvements are completed and approved and all defects corrected.
(J) Orderly development required. Whenever a subdivider shall develop a subdivision, such development shall be in an orderly manner and in such a way that the required improvements will be continuous and all of the improvements will be made available for the full, effective and practical use and enjoyment thereof by the purchaser, grantee, assignee, transferor or lessee of any of the lands subdivided within the time hereinbefore or in phases specified.
(K) Progress payments.
(1) Progress payments shall be made only after approval of the related improvements by the County Commission based upon written recommendation of the County Public Works Director. Payments shall only be made on a phase-by-phase basis as the work is completed to county standards.
(2) Progress payments may be made to the subdivider from any deposit of money or letter of credit which the subdivider may have made in lieu of providing a security bond, provided however, that no progress payment shall be made for more than 90% of the value of any installment or work completed.
(3) No progress payments from cash deposits shall be made except upon certification by the County Public Works Director and approved by the County Commission.
(L) Completion and release of surety.
(1) Ten percent of the surety posted with the county shall be held for the one year following completion of all phases of the subdivision.
(2) This amount plus any interest earned shall be released to the subdivider upon final inspection by the County Public Works Director and/or other authorized county representative and approved by the County Commission in public meeting.
(3) Upon completion of all requirements stated herein, a release of surety shall be prepared by the County Attorney for approval and signature of the County Commission and recorded with the County Recorder. A certified copy shall be provided to the subdivider.
(Ord. 2021-10, passed 9-27-2021)
§ 155.368 VALIDITY.
If any section, subsection, sentence, clause, or phrase of this chapter is for any reason held to be invalid by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this chapter.
(Ord. 2021-10, passed 9-27-2021)
§ 155.369 PERMITS AND FEES.
(A) Permits. From the effective date of this section, the county shall not grant a permit, nor shall any officer of the county grant any license or permit for the use of any land or the construction or alteration of any building or structure on a lot which would be in violation of any provisions of this section, this subchapter or this chapter or on a lot in a subdivision created by judicial decree, until a subdivision plat thereof has been recorded, or approved as required by this section. Any license or permit issued in conflict with such provisions shall be null and void.
(B) Fees. At the time of filing for any platting, zoning or subdivision action, a non-refundable fee shall be submitted, payable to Garfield County, in accordance with the currently adopted fee schedule as adopted by the County Commission by resolution.
(Ord. 2021-10, passed 9-27-2021)
§ 155.380 GENERAL.
(A) Approval. Planned Unit Developments (PUDs) shall be allowed by Planning Commission approval in any Zoning District. Such Planned Unit Development permit shall not be granted unless such development will meet the use limitations of the Zoning District in which it is located and meet the density and other limitations of such districts, except as such requirements may be lawfully modified as provided by this chapter. Compliance with the regulations of this chapter in no way excuses the developer from the applicable requirements of the subdivision requirements, except as modifications thereof are specifically authorized in the approval of the application for the planned unit development.
(B) Intent. These regulations are to encourage and provide means for effecting desirable and quality development by permitting greater flexibility and design freedom than that permitted under the basic zoning district regulations, and to accomplish a well-balanced, aesthetically satisfying county and economically desirable development of building sites within a PUD. These regulations are established to permit latitude in the development of the building site if such development is found to be in accordance with the purpose, spirit and intent of this chapter and is found not to be hazardous, harmful, offensive or otherwise adverse to the environment, property values or the character of the neighborhood or the health, safety and welfare of the community. It is intended to permit and encourage diversification, variation and imagination in the relationship of uses, structures, open spaces and heights of structures for developments conceived and implemented as comprehensive and cohesive unified projects. It is further intended to encourage more rational and economic development with relationship to public services, and to encourage and facilitate the preservation of open lands.
(Ord. 2021-10, passed 9-27-2021)
§ 155.381 CONDITIONS.
(A) Area. Planned unit development shall not have an area less than that approved by the Planning Commission as adequate for the proposed development.
(B) Uses. A planned unit development that will contain uses not permitted in the zoning district in which it is to be located may require a change of zoning district and shall be accompanied by an application for a zoning amendment, except that any residential use shall be considered to be a permitted use in a planned unit development, which allows residential uses and shall be governed by density, design and other requirements of the planned unit development permit. Where a site is situated in more than one use district, the permitted uses applicable to such property in one district may be extended into the adjacent use district.
(C) Ownership. The development shall be in single or corporate ownership at the time of application, or the subject of an application filed jointly by all owners of the property.
(D) Design. The Planning Commission shall require such arrangements of structures and open spaces within the site development plan as necessary to ensure that adjacent properties will not be adversely affected.
(E) Density. Density of land use shall in no case be more than 15% higher than allowed in the zoning district.
(F) Arrangement. Where feasible, the least height and density of buildings and uses shall be arranged around the boundaries of the development.
(G) Specific regulations. Lot area, width, yard, height, density and coverage regulations shall be determined by approval of the site development plan.
(H) Open spaces. Preservation, maintenance and ownership of required open spaces within the development shall be accomplished by either:
(1) Dedication of the land as a public park or parkway system; or
(2) Creating a permanent, open space easement on and over the said private open spaces to guarantee that the open space remains perpetually in recreational use, with ownership and maintenance being the responsibility of an owners’ association established with articles of association and bylaws, which are satisfactory to the legislative body.
(I) Landscaping. Landscaping, fencing and screening related to the uses within the site and as a means of integrating the proposed development into its surroundings shall be planned and presented to the Planning Commission for approval, together with other required plans for the proposed development.
(J) Signs. The size, location, design and nature of signs, if any, and the intensity and direction of area or floodlighting shall be detailed in the application.
(K) Desirability. The proposed use of the particular location shall be shown as necessary or desirable, to provide a service or facility that will contribute to the general wellbeing of the surrounding area. It shall also be shown that under the circumstances of the particular case, the proposed use will not be detrimental to the health, safety or general welfare of persons residing in the vicinity of the planned unit development.
(Ord. 2021-10, passed 9-27-2021)
§ 155.382 PLANNING COMMISSION DETERMINATION.
In carrying out the intent of this section, the Planning Commission shall consider the following principles.
(A) It is the intent of this section that site and building plans for a PUD shall be prepared by a designer or team of designers having professional competence in urban planning as proposed in the application. The Planning Commission shall be permitted to require the applicant to engage such professional expertise as a qualified designer or design team.
(B) It is not the intent of this section that control of the design of a PUD by the Planning Commission be so rigidly exercised that individual initiative be stifled and substantial additional expense incurred; rather, it is the intent of this section that the control exercised be the minimum necessary to achieve the purpose of this section.
(C) The Planning Commission shall be authorized to approve or disapprove an application for a PUD. In an approval, the Planning Commission shall be permitted to attach such conditions as it deems necessary to secure compliance with the purposes set forth in this chapter. The denial of an application for a PUD by the Planning Commission shall be permitted to be appealed to the legislative body of the jurisdiction.
(Ord. 2021-10, passed 9-27-2021)
§ 155.383 REQUIRED CONTRIBUTIONS.
The County Commission, as part of the approval of a PUD, shall be permitted to require an applicant to make reasonable contributions to include, but not limited to any combination of the following:
(A) Dedication of land for public park purposes;
(B) Dedication of land for public school purposes;
(C) Dedication of land for public road right-of-way purposes;
(D) Construction of, or addition to, roads serving the proposed project where such construction or addition is reasonably related to the traffic to be generated.
(E) Installation of required traffic safety devices; and
(F) Preservation of areas containing significant natural, environmental, historic, archeological or similar resources.
(Ord. 2021-10, passed 9-27-2021)
§ 155.384 PLANNING COMMISSION ACTION.
(A) Approval. The Planning Commission shall have the authority to require that the following conditions for a planned unit development (among others it deems appropriate) be met by the applicant:
(1) That the proponents intend to start construction within one year of either the approval of the project or of any necessary zoning district change, and intend to complete said construction, or approved stages thereof, within four years from the date construction begins; and
(2) That the development is planned as one complex land use rather than as an aggregation of individual and unrelated buildings and uses.
(B) Limitations on application.
(1) Upon approval of a PUD, construction shall proceed only in accordance with the plans and specifications approved by the Planning Commission and in compliance with any conditions attached by the jurisdiction as to its approval.
(2) Amendment to approved plans and specifications for a PUD shall be obtained only by following the procedures here outlined for first approval.
(3) The Zoning Administrator and/or Building Official shall not issue any permit for any proposed building, structure or use within the project unless such building, structure or use is in accordance with the approved development plan and with any conditions imposed in conjunction with its approval.
(Ord. 2021-10, passed 9-27-2021)
§ 155.395 INTENT.
It is the intent of this subchapter:
(A) To permit variety and flexibility in land development by allowing the use of recreational vehicles in certain districts within Garfield County.
(B) To require that recreational vehicle developments will be of such character as to promote the objectives and purposes of the County Zoning Ordinance; to protect the integrity and characteristics of the districts contiguous to those in which recreational vehicles are located; and to protect other land use values contiguous to or near recreational vehicle developments.
(Ord. 2021-10, passed 9-27-2021; Ord. 2022-9, passed 7-26-2022)
§ 155.396 DEFINITIONS.
This chapter shall be interpreted using the definitions provided in the County Zoning Ordinance, except for, in addition to, or as modified by the following:
CONSTRUCTION CAMP. Temporary occupancy of a mobile home, recreational vehicle, travel trailer or any other non-permanent structure during the period of construction. Construction jobs may include, but are not limited to: dwellings, agricultural, commercial or industrial buildings, public works or infrastructure developments, mines, and the like.
DEVELOPED (LOT OR PARCEL). For the purposes of this chapter, a lot or parcel with a dwelling constructed on the property.
DEVELOPER. An individual, firm, corporation, partnership, subdivider or association who designs or builds a mobile home park, mobile home subdivision or recreational vehicle park.
FOUNDATION, PERMANENT. The portion of a building or structure which rests on the earth as a concrete FOUNDATION, including footings capable of distributing the weight of a building or structure evenly in relationship to the supporting characteristics of the soil.
GARAGE, PRIVATE. A detached accessory building, or a portion of a main building, used for the storage of motor vehicles for the tenants or occupants of a specific building and not by the general public.
GENERAL PLAN. The Garfield County Master Plan, General Plan, Resource Management Plan or other plans, policies and programs adopted by the county.
LOT. Any tract of land that is created by and shown on a subdivision plat or record of survey that has been approved by the Board of County Commissioners and recorded or filed in the office of the County Recorder.
MOBILE HOME. A detached, single-family dwelling unit not less than 45 feet long, designed for long-term occupancy, and to be transported on its own wheels or on flatbed or other trailers or detachable wheels, containing a flush toilet, sleeping accommodations, a tub or shower bath, kitchen facilities, and plumbing and electrical connections provided for attachment to appropriate external systems and ready for occupancy except for utility connections and other minor work. Pre-sectionalized modular, or prefabricated homes not placed on a permanent foundation, shall be regarded as MOBILE HOMES; if placed upon a permanent foundation such structures which meet all applicable building and housing codes shall not be considered as MOBILE HOMES but shall be regarded as conventional housing.
MOBILE HOME PARK. A parcel designed and approved by the county for occupancy by mobile homes on a rental basis, meeting all requirements of the county plans and ordinances.
MOBILE HOME SUBDIVISION. A subdivision designed and intended for residential use where the lots are to be individually owned or leased and occupied by mobile homes exclusively.
PARCEL. Any tract of land or real property that is not part of a subdivision.
PERMANENT LIVING. The occurrence of one or more persons occupying a recreational vehicle for longer than 30 days in any 60-day period.
RECREATIONAL VEHICLE. A vehicular portable unit mounted on wheels, of such a size or weight as not to require special highway movement permits when drawn by a motorized vehicle. Vehicles such as travel trailers, tent camper trailers, truck campers, camp cars, motor homes or other vehicles with or without motive power designed and/or constructed to travel on public thoroughfares in accordance with provisions of the Utah Vehicle Code and designed for human habitation. May also be referred to as Recreational Coach or Travel Trailer.
RECREATIONAL VEHICLE PARK. An area of land where spaces are rented commercially to one or more owners or users of recreational vehicles or travel trailers. May also be referred to as Recreational Coach Park.
RECREATIONAL VEHICLE SPACE. A plot of ground within a recreational vehicle park, designated and intended for the accommodation of one or more recreational vehicles.
SERVICE BUILDING. A substantial, permanent building, providing toilet facilities, laundry facilities and/or other facilities for use in common by the occupants of mobile home parks or recreational vehicle parks.
SUBDIVIDER. Any person, developer, firm, corporation, partnership or association who causes land to be divided in a mobile home subdivision for himself or others.
TEMPORARY LIVING. The condition of one or more persons occupying a recreational vehicle for less than 30 days at a time.
TRAVEL TRAILER. See RECREATIONAL VEHICLE.
UNIMPROVED PROPERTY. A lot without a dwelling or a private garage.
UTILITIES. For the purposes of this chapter, UTILITIES shall include public and private connections for electricity, gas, water and wastewater.
VACANT (LOT OR PARCEL). For the purposes of this chapter, a lot or parcel without a dwelling constructed on the property.
(Ord. 2021-10, passed 9-27-2021; Ord. 2022-9, passed 7-26-2022)
§ 155.397 LOCATION.
(A) Mobile homes. No mobile home, mobile home park or mobile home subdivision shall be located anywhere within the unincorporated areas of the county without written approval of the County Building Official.
(B) Recreational vehicles. No recreational vehicle as herein defined shall be located, placed, used or occupied for permanent living purposes in any district except within approved and licensed recreational vehicle parks and except as otherwise provided herein. Each person residing in a recreational vehicle in violation of this section and each property owner permitting persons to reside in a recreational vehicle on the owner’s property shall be guilty of a Class C misdemeanor. Each day of residence shall be a separate offense.
(C) Storage. Recreational vehicles which are unoccupied for living purposes may be unoccupied and stored on a private lot or parcel of land, provided they do not violate any required setbacks for front, rear or side yards.
(D) Utility connections.
(1) Vacant properties. On a vacant lot or parcel, no recreational vehicle shall be connected to any permanent utility in any district except within approved and licensed recreational vehicle parks and except as otherwise provided herein.
(2) Developed properties. On a developed lot or parcel, a recreational vehicle may be temporarily connected to the dwelling unit’s utilities, but permanent occupancy shall be prohibited.
(3) Exceptions.
(a) Self-contained infrastructure or utilities that are affixed to, or part of the recreational vehicle do not apply to this section.
(b) Permanent infrastructure or utilities may be temporarily extended to recreational vehicles with an approved conditional use permit (CUP) by the County Planning Commission and County Commission for uses such as a construction camp. Evidence of an approved building permit from the County Building Department shall be required as one of the conditions in the conditional use permit.
1. CUP shall be valid during the period of construction or work relating to the construction camp and shall expire 30 days after the applicable work is completed.
2. After the work is completed, the temporary mobile home or structure shall be removed from the premises and the recreational vehicle or travel trailer may either be removed from the premises or disconnected from all infrastructure and utilities and stored on the property, not to be occupied for permanent living purposes.
(Ord. 2021-10, passed 9-27-2021; Ord. 2022-9, passed 7-26-2022) Penalty, see § 155.999
§ 155.398 APPROVAL.
(A) Recreational vehicle parks. Recreational vehicle parks may be approved by the County Planning Commission and County Commission in locations permitting such use in this chapter. Before approval is granted, the County Planning Commission shall find the proposed development will:
(1) Be placed within a parcel of land appropriately zoned for such use;
(2) Be placed on a parcel of land of not less than two acres, or adjacent to or in conjunction with a mobile home park, unless modified by a planned unit development;
(3) Meet all standards and requirements of this chapter, and all other applicable ordinances, except where these are modified by approval of a planned unit development;
(4) Comply with the State of Utah's regulations for recreational vehicle park sanitation.
(5) Ensure that each recreational vehicle space consists of a parking space for at least one recreational vehicle and an additional parking space for at least one automobile.
(B) Recreational vehicle subdivisions. Mobile home recreational vehicle subdivisions may be approved by the County Planning Commission and County Commission in locations permitting such use in this chapter. Before such approval may be granted, a report to the County Commission by the County Planning Commission shall find that the proposed development will:
(1) Be placed within a parcel of land appropriately zoned for such use.
(2) Be placed on a parcel of land of not less than two acres, unless modified by a Planned Unit Development.
(3) Meet all standards and requirements of this chapter, and all other applicable ordinances, except where these are modified by approval of a Planned Unit Development.
(4) Comply with the State of Utah's regulations for recreational vehicle park sanitation.
(5) Ensure that each recreational vehicle space consists of a parking space for at least one recreational vehicle and an additional parking space for at least one automobile.
(6) Proposed RV lot sizes shall not be less than 4,356 sq. ft., or 0.10 acres.
(Ord. 2021-10, passed 9-27-2021; Ord. 2022-9, passed 7-26-2022)
§ 155.399 STANDARDS AND REQUIREMENTS.
(A) Recreational vehicle parks. The development of a recreational vehicle park shall conform to the following standards and requirements, unless modified by an approved Planned Unit Development.
(1) All RV Parks shall have potable drinking water and wastewater disposal systems approved by the State of Utah DEQ or local health department.
(2) Streets and roadways shall be designed to the minimum standards:
(a) Minimum travel surface width. 26 feet
(b) Minimum roadway width. 50 feet
(c) Roadways. All roadways shall be hard-surfaced or have a six-inch gravel base and shall be properly drained.
(d) Access. In addition to the RV park entrance roadway, an approved emergency access road and/or turnaround shall be required.
(e) Any required UDOT approvals for access shall be granted by UDOT before issuance of any permit or license by the county.
(3) Storm drainage facilities shall be approved by the State of Utah DEQ.
(4) All storage and solid waste receptacles outside the confines of any recreational vehicle park must be constructed and maintained in an orderly manner by the park owner.
(5) No RV park in the county shall be allowed in an obvious flood or geological hazardous area.
(6) All RV parks shall provide sanitary facilities, approved by the State of Utah DEQ or local health department, for tent campers and units which are not self-contained.
(7) Wastewater dump stations shall be required at all RV parks for self-contained units.
(8) RV parks shall meet all requirements of the State of Utah Recreational Vehicle Park Sanitation Regulations.
(B) Recreational vehicle subdivisions. The development of a recreational vehicle park shall conform to the following standards and requirements, unless modified by an approved planned unit development.
(1) All RV subdivisions shall comply with the standards and requirements for RV parks as outlined in division (A) above of this section.
(2) RV subdivisions shall have the following area and modifying regulations:
Ord. 2021-10, passed 9-27-2021; Ord. 2022-9, passed 7-26-2022) Penalty, see § 155.999
§ 155.400 NONCONFORMING UNITS.
State law and Garfield County Code shall govern the establishment, restoration, reconstruction, extension, alteration, expansion or substitution of any approved nonconforming mobile home or recreational vehicle and any approved noncomplying structure related to such use.
(Ord. 2021-10, passed 9-27-2021; Ord. 2022-9, passed 7-26-2022)
§ 155.999 PENALTY.
(A) Any civil offense against this chapter shall be a Class C Misdemeanor, which shall be punishable by imprisonment up to 90 days and a maximum fine of $750.
(B) The violation of any part of this chapter shall constitute an offense and shall be punishable as provided in the local ordinances for misdemeanors. In addition, Garfield County may enjoin by civil action the violation hereof and may remove any mobile home from a location violating the provisions hereof and assess the expenses thereof as a cost of action.
(C) Each person residing in a recreational vehicle in violation of § 155.397 and each property owner permitting persons to reside in a recreational vehicle on the owner’s property shall be guilty of a Class C Misdemeanor. Each day of residence shall be a separate offense.
(Ord. 2021-10, passed 9-27-2021)