The regulations hereinafter set forth in this chapter qualify or supplement, as the case may be, the zone regulations appearing elsewhere in this title. (Ord., 9-3-1996)

Public and semipublic utility buildings, when authorized in a zone, may be erected to a height not exceeding seventy five feet (75'), if the building is set back from each otherwise established building line at least one foot (1') for each additional foot of building height above the normal height limit required for the zone in which the building is erected. (Ord., 9-3-1996)

   A.   Attached: Where an accessory building is structurally attached to a main building, it shall be subject to, and must conform to, all regulations of this title applicable to the main building.

   B.   Detached: No detached accessory building shall be located closer than fifty feet (50') to any main building, except a detached private garage which may be located adjacent to the dwelling, provided ample walkway separates the garage and dwelling. (Ord., 9-3-1996)

No animal shall be kept or maintained closer than seventy five feet (75') from any dwelling, and no barn, stable, pen or corral shall be kept closer than fifty feet (50') from the street. (Ord. 98-3, 4-29-1998)

No accessory building nor group of accessory buildings in any residential zone shall cover more than twenty five percent (25%) of the rear yard. (Ord., 9-3-1996)

   A.   Clear View Triangle: The clear view triangle is an area at intersections (streets and driveways) that must remain unobstructed for a height of two feet (2'), except for unobstructed chainlink that can be three feet (3') above the ground. The drawing following this section depicts how to conclude where those clear view areas are.

   B.   Limitations: Limitations are as follows:

      1.   Public Property Requires Approval: No private fence or wall shall be erected, allowed or maintained on public property without city approval.

      2.   Interior Lots: On interior lots:

         a.   In side and rear yards, fences and walls shall be allowed to a maximum height of eight feet (8').

         b.   In front yards, fences and walls shall be allowed to a maximum height of two feet (2'), except for unobstructed chainlink that can be three feet (3') for the first ten feet (10') from the property line.

      3.   Corner Lots: On corner lots:

         a.   In side and rear yards, fences and walls shall be allowed to a maximum height of eight feet (8'), except that in street facing side and rear yards which back onto front yards of adjoining lots, fences and walls shall be limited to a maximum height of six feet (6'), after the first ten feet (10') that is required to be two feet (2'), except for chainlink that can be three feet (3').

         b.   In front yards, fences and walls shall be allowed to a maximum height of two feet (2').

         c.   No driveway shall be closer than fifty feet (50') from the center radius on a corner lot. Refer to clear vision triangle diagram.

   C.   Height Limitations: The height limitations for fences and walls are further limited as follows:

      1.   In any district requiring a front yard, no obstruction to view above three feet (3'):

         a.   The existing or future back of curb lines extended and a line connecting them at points fifty feet (50') from the intersection of such lines; or

         b.   The property lines and a line connecting them at points thirty feet (30') from the intersection of such lines; whichever is the least restrictive, except for a reasonable number of posts, telephone or power poles, pruned trees and pedestal type identification signs. Within this clear view triangular area, a chainlink fence of more than three feet (3') in height shall be considered sight obscuring or view obstructing. No plants or objects over two feet (2') tall can be placed in the city right of way, except for power poles, street signs or mail boxes.

      2.   No view obstructing or sight obscuring fence exceeding two feet (2'), except for unobstructed chainlink which may be three feet (3'), in height above the level of the sidewalk or driveway elevation at property line, shall be located or erected in the triangular area bounded by lines drawn from a point on the centerline of a driveway on the same or adjacent property or alley, set back fifteen feet (15') from the property line to points on the centerline of the street abutting the property, eighty feet (80') either side of the driveway or alley centerline.

      3.   The owner of any fence or wall shall have the duty and be required to properly maintain the same by painting, treating, trimming, repairing or removal.

      4.   Where a fence or wall is erected on or within five feet (5') of a property line, upon a retaining wall, or where for other reasons there is a difference in the elevation of the surface of the land on either side of a fence, height of the fence shall be measured from a point halfway between the top of the retaining wall and the land on the lower side or from the average elevation of the surface of the land on either side and within ten feet (10') of the fence, but nothing herein contained shall be construed to restrict the fence or wall to less than four feet (4') in height measured from the surface of the land on the side having the highest elevation.

      5.   The board of adjustment may grant special exceptions to the height limits contained in this section for fences or walls surrounding tennis courts, swimming pools, schools or other special type facilities, where it is shown that the normal use or level of protection requires a greater height for safety or other reasons; provided, however, that the rights of adjoining property owners are equally considered.

(Ord. 03-04, 11-18-2003, eff. 11-18-2003)

Wherever a front yard is required for a lot facing on a street, for which an official map has been recorded in the office of the city recorder, the depth of such front yard shall be measured from the mapped street line provided by the official map. (Ord., 9-3-1996)

Every dwelling shall be located and maintained on a "lot", as defined in the section 9-1-6 of this title. (Ord., 9-3-1996)

Except where the requirements of this title are reduced by permit of the city council, the minimum area for any lot fronting on a private right of way shall be one-half (1/2) acre and the minimum setback of the dwelling from the center of the right of way shall be fifty feet (50'). (Ord., 9-3-1996)

The requirements of this title as to minimum lot area or lot width shall not be construed to prevent the use for a single-family dwelling of any lot or parcel of land in the event that such lot or parcel of land is held in separate ownership at the time of the effective date hereof. (Ord., 9-3-1996)

No building which is accessory to a one-family or two-family dwelling shall be erected to a height greater than one story or twenty feet (20'). (Ord., 9-3-1996)

No dwelling shall be erected to a height less than one story aboveground. (Ord., 9-3-1996)

No parcel of land which has less than the minimum width and area requirements for the zone in which it is located may be cut off from a larger parcel of land for the purpose, whether immediate or future, of building or development as a lot, except by permit of the city council. (Ord., 9-3-1996)

No space needed to meet the width, yard, area, coverage, parking or other requirements of this title for lot or building may be sold or leased away from such lot or building. (Ord., 9-3-1996)

Where a parcel of land is at least one and one-half (11/2) times as wide and one and one and one-half (11/2) times as large in area as required for a lot in the zone or two and one-fourth (21/4) times as wide and two and one-fourth (21/4) times as large in area as required for the one lot in the zone, the parcel may be divided into two (2) lots and three (3) lots respectively. (Ord., 9-3-1996)

The parking of trailers in other than a trailer court or park for occupancy therein shall not be permitted. (Ord., 9-3-1996)

No required yard or other open space around an existing building or which is hereafter provided around any building for the purpose of complying with the provisions of this title, shall be considered as providing a yard or open space for any other building, nor shall any yard or other required open space on an adjoining lot be considered as providing a yard or open space on a lot whereon a building is to be erected or established. (Ord., 9-3-1996)

Every part of a required yard shall be open to the sky, unobstructed except for accessory buildings. In a rear yard, the projections of skylights, sills, cornices, chimneys, flues and other ornamental features shall not project into a yard more than two and one-half feet (21/2'), and open or enclosed fire escapes, or balconies may project into a yard not more than five feet (5'). (Ord., 9-3-1996)

Sidewalk, curb and gutter are required in all zones and shall be constructed in compliance with building code standards. Sidewalk, curb and gutter shall be built on street right of way property or property which will be deeded to the city, with the edge of the sidewalk nearest the home defining the start of the private property. Cost of sidewalk, curb and gutter shall be the responsibility of the subdivider or home builder. Where sidewalk, curb and gutter is installed on existing streets, an asphalt apron shall also be installed between street paving and start of the gutter. This cost shall also be the responsibility of the home builder, owner or subdivider, except as specifically waived by the city council. Maintenance of the strip between sidewalk and curb and gutter will be the responsibility of the property owner. (Ord., 9-3-1996)

   A.   Upon application and payment of a fee, a building permit may be issued for the placement of a manufactured home (each reference in this chapter to a manufactured home shall be deemed to also refer to a modular home, except where the context of the language or requirements of the law provide for reference to one type of home only), provided it meets or will be constructed to meet the requirements of federal and state law and this code, as currently stated or as may he amended; and further provided, that it shall be placed on a lot zoned for single-family dwellings within the city. Application for such permit shall be made to the designated building inspector, or other designated official or department. The permit shall be granted upon evidence of compliance, or present ability to comply to the satisfaction of the building department, with all the local zoning, building code and subdivision requirements, including any restrictive covenants applicable to single-family residences within the zone or area proposed for construction; and provided further, that the manufactured home will be attached to a permanent foundation in accordance with plans providing for vertical loads, uplift and lateral forces and frost protection in compliance with the applicable building code, and with the following provisions and conditions:

      1.   Each manufactured home shall be attached to a permanent foundation, in accordance with plans providing for vertical loads, uplift, lateral forces and frost protection in compliance with all applicable building codes. Each manufactured home shall also be installed on said foundation in accordance with the manufacturer's installation instructions, if applicable. Each manufactured home shall be installed with or without a basement on a site built, permanent foundation system that meets or exceeds applicable requirements of the building codes and the manufacturer's installation instructions, if applicable. This shall include a permanent masonry/concrete perimeter enclosure for each manufactured home installation and shall conform to the building code as specified for footings and foundation walls. This shall also include the removal of towing hitches and running gear, which includes tongues, axles, brakes, wheels, lights and other parts of the chassis that operate only during transport. Each manufactured home shall comply with all zoning, building code and subdivision requirements, including restrictive covenants, applicable to single-family residences within the zone or area in which it is to be located.

      2.   The lot upon which said manufactured home is to be placed shall comply in all respects with the then existing zoning requirements for the district in which it is located, including, but not limited to: lot size, building setback, access, enclosures, yard requirements and the length of the structure facing the street or roadway to which it will be addressed.

      3.   Each manufactured home shall be used strictly in accordance with the purposes for which such structures may be used in the district in which the applicant seeks to have it located; and each manufactured home shall be compatible with the then existing structures in the district in which the applicant seeks to have it located.

      4.   Each manufactured home shall have been constructed on or after June 15, 1976, according to the federal home construction and safety standards act 1974 (HUD code), and shall not have been altered or otherwise remodeled in violation of the HUD code. Each manufactured home shall be identifiable by the manufacturer's data plate bearing the date the unit was manufactured and a HUD label attached to the exterior of the home certifying that the home was manufactured to HUD standards.

      5.   Each manufactured home shall have a minimum width of twenty four feet (24'), with width being the smallest dimension, and be multisectional or multimodular. The width (sides) shall face the side yards and in no case face the street to which the structure shall be addressed.

      6.   Each manufactured home shall have an exterior covering material customarily used on site built dwellings. Exterior siding and trim materials shall consist of durable, weather resilient materials approved for dwelling construction in the building codes, such as masonry, stucco, wood, composition, vinyl, steel or aluminum residential sidings. In no case may corrugated metal, fiberglass, or typical trailer coach or recreational vehicle type coverings be used. (Ord. 03-01, 4-15-2003)

      7.   Each manufactured home shall have a roof with a pitch of not less than three inches (3") of vertical rise for each two feet (2') of horizontal run. Roofing materials shall be composition asphalt shingles of other shingle materials preapproved by the building department. In addition, the roof shall have a minimum eave overhang of not less than eight inches (8") to provide for runoff and four inch (4") overhang where the roof line is not parallel to the base of the unit. (The 8 inches may include rain gutter.) (Ord. 03-01, 4-15-2003; amd. 2006 Code)

      8.   Any and all appendages to each manufactured home and for accessory uses, such as steps and stoops, carports or garages, storage buildings, antennas, satellite dishes, patios, awnings, additions or alterations shall be built in compliance with and conform to the applicable building codes. Main entry steps, stoops and porches shall be concrete or masonry and shall have required guardrails and handrails, if appropriate.

      9.   Each manufactured home shall have permanent connection of all services of local utilities, with local authority approval being required. This shall include two (2) hose bibs when not contained with the manufactured home.

   B.   The owner of each manufactured home shall cause the document of title, as soon as the same is received from the manufacturer, to be delivered to the Box Elder County assessor in the manner required by law, and said home shall thereafter be subject to taxation as real property.

   C.   Nothing in this section is intended, nor should it be construed as being intended, to limit or exclude the construction or placement of a permanent dwelling on a lot zoned for single-family dwellings as heretofore may have been permitted by the existing legislation. (Ord. 03-01, 4-15-2003)

   A.   Applicability:

      1.   This section shall apply to all swimming pools located within Garland City other than those swimming pools specifically exempted by a provision of this section.

      2.   For purposes of this section, a "swimming pool" is defined as any receptacle for water, other than one that is entirely enclosed by a roof and walls within a home or other structure, that:

         a.   Is used or intended to be used for the purpose of immersion or partial immersion of human beings for swimming, bathing or diving;

         b.   Is capable of being filled, at any point, to a depth of twenty four (24) or more inches.

      3.   A swimming pool that is under construction shall not be subject to this section until construction is complete or until it fills with water to a depth of twenty four (24) or more inches, whichever occurs first.

      4.   Any swimming pool whose use for swimming, bathing or diving has been discontinued or abandoned shall remain subject to this section unless filled to the surface with earth or other similar material.

      5.   This section shall not apply to any irrigation ditches, retaining ponds and/or animal feeding equipment.

   B.   Swimming Pool Standards:

      1.   Unless it is equipped with a safety cover meeting the requirements of subsection B4 of this section, every swimming pool shall be completely enclosed by a ridge, fence, barrier or other substantial structure not less than four feet (4') in height as measured on the outside of the enclosure. No openings other than doors and gates with any dimensions greater than four inches (4") shall be permitted therein, except that picket fences may be erected or maintained having horizontal spacing between pickets of not more than four inches (4").

      2.   All doors or gates in the pool enclosures required by subsection B1 of this section shall be equipped with self-closing and self-latching devices designed to keep, and capable of keeping, such doors or gates securely closed at all times when not in actual use; provided, however, that the door of any dwelling occupied by human beings forming any part of the enclosure hereinabove required need not be so equipped. Any self-latching device accessible from the outside of the pool enclosure shall be located at least four feet (4') above the ground or otherwise equally inaccessible to small children.

      3.   The vertical walls of an on ground or aboveground pool structure shall satisfy the enclosure requirement of subsection B1 of this section, provided that such walls comply with all standards of subsection B1 of this section (including, but not limited to, the 4 foot height requirement), and subject to the further requirement that if access is provided by a ladder, steps, or similar means, the means of access shall either be surrounded by an enclosure meeting the standards of subsection B1 of this section or must be removed and stored to prevent access.

      4.   A swimming pool without an enclosure meeting the standards of subsection B1 of this section shall nevertheless be deemed to comply with this section if it is equipped with a cover which complies with the standards set forth in ASTM F 1346-91.

   C.   Violations And Enforcement:

      1.   It shall be a violation of this section for any landowner to own, maintain, use or operate a swimming pool on his or her property that does not comply with the standards set forth in subsection B of this section, unless the swimming pool is specifically exempted by a provision of this section.

      2.   Any violation of this section shall be enforced as an ordinance violation. The chief of police or their designee shall sign the complaints for violations of this section.

   D.   Penalty:

      1.   Any violation of this section is a class C misdemeanor. (Ord. 16-07, 7-27-2016)