Grand County Unincorporated
City Zoning Code

Every use of a building or land hereafter established shall provide the minimum off-street parking spaces as required by this section.

The number of parking spaces may be reduced when the land use or floor area of a building is changed or reduced to a use or floor area for which fewer parking spaces are required. Spaces shall not be reduced below the minimum required by this section.

Building Permits and Certificates of Occupancy may be issued for a change of use or remodeling or structural alterations in developments containing legally non-complying parking areas, without requiring compliance with this section, provided that such redevelopment does not result in an increase in the number of required parking spaces.

Any building expansion or change of use that results in an increase over the number of parking spaces that would be required under this section for the lot shall provide additional parking spaces only for that increment of the expansion, as if it were a separate development. Only the expanded portion of the parking area shall be required to comply with the provisions of this section.

All fences and walls shall be erected in accordance with the requirements of Section 6.2.3, Corner visibility – street, alley and driveway intersections.

All fences and walls over 6 feet in height shall require a building permit and must be constructed in conformance with the International Building Code.

No fence or wall erected within a required front yard shall exceed 4 feet in height.

Barbed wire shall be prohibited except as follows:

No fence or wall erected within a required front yard shall exceed 6 feet in height.

No fence or wall erected within a required side or rear yard shall exceed 6 feet in height; provided, however, with adequate demonstration of necessity, the Zoning Administrator may approve security fencing higher than 6 feet subject to the following requirements:

No barbed wire shall be allowed below 6 feet adjacent to any residential district or residential use.

Location of existing and proposed buildings, parking areas, street improvements;

Locations and general types of landscaped treatment areas -- i.e., lawn areas, low-water use areas, and inorganic areas;

Proposed plant or inorganic materials to be used in each treatment area;

Underground irrigation system to be used in each planted area;

Walls and screening devices.

Landscaped areas shall be reasonably maintained by the owner or the lessee of the property, including pruning, trimming, watering, and other requirements necessary to create an attractive appearance for the development. Lack of maintenance of required landscaping material shall constitute a violation of this Code.

Any plant materials not surviving shall be replaced within 30 days of its demise or in the next appropriate season.

Shrubs, Trees and Grasses. Use of locally appropriate shrubs, trees and grasses or plants with low-water demand characteristics is encouraged, but not required, in all cases in order to minimize the consumption of water.

Trees. One tree with a minimum 2 inch caliper shall be utilized per 1,000 square feet, or fraction thereof (in no case closer than 35 feet apart) of required landscaped area, provided, however, the Planning Commission may waive this requirement where it finds that trees are either impractical due to water supply problems or inappropriate to the natural setting; and,

Shrubs, Grasses, Ground Covers, and Inorganic Materials. Any combination of shrubs, grasses, ground covers, and inorganic materials may be used for the balance of the required landscaping at the developer’s discretion.

Existing Landscaping. To the extent practical, existing significant landscape features shall be preserved and incorporated into the final landscape and site plans. Existing landscaping may be used to meet the requirements of this Land Use Code if it meets the purpose and intent of this article and is included on the approved landscape plan. Such landscaping shall be protected during all phases of site development.

Minimum Plant Sizes. The following minimum plant size requirements shall apply in all cases:

Irrigation. All required landscaped areas shall include a permanent, underground irrigation system as defined herein to insure the long-term health and growth of the landscape. Where possible, irrigation systems shall utilize untreated, irrigation water instead of treated water. Irrigation system design shall take into consideration the water-demand characteristics of plant or landscape materials used.

Screening Materials. Screening may be accomplished by the use of plants, earth berm(s), walls or fences, or trees and shrubs in combination as necessary to produce an effective screening from view off-site of the use or facility requiring screening within a reasonable time period.

Height of Screening Devices. The height of screening devices shall be measured from the highest finished adjacent grade of the element to be screened.

Screening Plant List. Plants used to satisfy any required screening standards shall be limited to plants with a mature height of between 6 and 15 feet and foliage characteristics similar to those of the recommended plants for this purpose (see “Commentary” below).

Parking Areas. The perimeter of all parking areas shall be screened to a minimum height of 3 feet above the highest finished grade of the parking area. The minimum width of the landscaped street buffer from the street line to the parking area shall be 15 feet.

Outdoor Storage Areas. All outdoor storage areas for materials, trash, mechanical equipment, vehicles, or other similar items shall be screened from street view by a minimum 6 foot high screening device. Such screening device shall consist either of plant material or a wall constructed of or finished with materials to match the main building of the site.

Wall Mounted or Painted Signs. Wall mounted or painted signs, in accordance with the following standards:

Projecting Signs. Projecting signs, including graphic or icon signs, mounted perpendicular to the building wall, in accordance with the following standards:

Painted Window or Door Signs.

Free Standing Signs.

Other Signs. All other nonresidential zone district signs shall be subject to Planning Commission approval.

A wall sign of up to 24 square feet may be erected on each multi-family building or complex.

Monument-style signs shall be permitted to identify the entrance(s) to a residential subdivision, or multi-family building or complex, provided, each monument style sign shall be limited to 12 feet in height, a single face and a maximum of 20 square feet per face.

A free-standing sign up to 12 feet in height and up to 4 square feet per face may be erected on site to identify a bed and breakfast or home occupation.

Each such use may have one (1) off-premises directional sign at a single appropriate access street or intersection;

All such signs at a single intersection shall be attached and stacked on either a single 4-inch by 4-inch pole, or attached between 2 poles, 4-inch by 4-inch, which shall be shared with other approved advertisers;

Each directional sign shall be of the same size, joined back-to-back without any overlap, and a maximum of 2 faces that measure 18 inches by 54 inches,

Such signs may be located adjacent to a public rights-of-way, subject to the permission of the landowner, or, in the public rights-of-way, with the permission of the County or UDOT, as appropriate;

Permits for directional signs shall not be issued where such standards are served by a sign installation approved by Moab City or UDOT; and

No sign shall be allowed that prevents the driver of a vehicle from maintaining a clear and unobstructed view of official signs and approaching or merging traffic.

Signs may be unlighted, lighted externally, lighted internally, or backlit. All sign lighting must be designed, directed, and shielded in such a manner that the light source is not visible beyond the property boundaries where the sign is located. Lighting for signs must be directed such that only the sign face is illuminated. All lighted signs must have stationary and constant lighting. Flashing, intermittent, or moving light(s) including electronic or digital display technologies (LED, LCD, etc.) are prohibited pursuant to Section 6.5.4H, as amended.

All lights exempted by this section shall be included in the calculation for total light output.

Fixtures having a total light output less than 1,000 lumens are exempted from the fully shielded requirement provided the following criteria are met:

Spotlights controlled by motion sensors having a light output less than 1,000 lumens per lamp are exempted from the fully shielded requirement provided:

Pathway lights less than 18 inches in height are exempted from the fully shielded fixture requirement, if the total light output from each pathway light is less than 300 lumens.

Temporary exterior lighting intended as holiday or seasonal decorations displayed between November 15th and the following January 15th; provided, that individual lamps do not exceed 70 lumens and neither cause light trespass nor interfere with the reasonable use and enjoyment of any other property.

Traffic control signals and devices.

Temporary emergency lighting in use by law enforcement or government agencies or at their direction.

The lighting of federal or state flags; provided, that the light is a top-down and narrow beam aimed and shielded to illuminate only the flag.

An applicant requesting approval for lighting that does not conform to these standards shall follow the procedures and findings requirements set forth in Section 9.14, Variances.

In nonresidential zone districts, partially and unshielded lighting on a property shall not exceed 5,000 lumens per developed acre, and shall be included in the total outdoor light output calculation.

In residential zones, partially and unshielded lighting on a property shall not exceed 1,000 lumens per lot, and shall be included in the total outdoor light output calculation.

Residential units used for overnight accommodations or other commercial uses shall comply with the residential standards for total light output.

Businesses open to the public after 12:00 midnight may leave all outdoor lighting on until one hour after the close of business.

Lighting to illuminate the entrance to the commercial establishments.

Parking lot and pathway lighting required for the safety of guests or customers.

The recreational lighting does not exceed illuminance levels for class IV sports lighting set by the Illuminating Engineering Society of North America.

The recreational lighting provides illuminance for the surface of play and viewing stands, and not for any other areas or applications.

Off-site impacts of the lighting will be limited to the greatest practical extent possible.

The lighting for areas or applications outside the surface of play and viewing stands shall conform to all provisions in this section.

The recreational or athletic facility shall extinguish lighting exempted by this section no later than 10:00 p.m. or one hour after the end of play, whichever is later.

The recreational lighting shall have timers that automatically extinguish lighting to ensure lights are not left on after the curfew or when the facilities are not in use.

Lighting used to illuminate the performance area must be either directed spotlighting or fully shielded lighting. If directed spotlighting, the light source must be located and designed such that it is not visible beyond the property boundaries.

Lighting used to illuminate the performance area may only be turned on during performances or rehearsals.

Lighting used to illuminate the seating areas, pathways, and other areas of the amphitheater must meet all standards of this section.

Lighting used to illuminate the event area must be either directed spotlighting or fully shielded lighting. If directed spotlighting, the light source must be located and designed such that it is not visible beyond the property boundaries.

Lighting used to illuminate the event area may only be turned on during the hours event activities are open to the public or paying guests.

Lighting used to illuminate the seating areas, pathways, and other areas of the event must meet all standards of this section.

Plans or drawings indicating the proposed location of lighting fixtures, height of lighting fixtures on the premises, and type of illumination devices, lamps, supports, shielding and reflectors used and installation and electrical details.

Illustrations, such as contained in a manufacturer’s catalog cuts, of all proposed lighting fixtures. For commercial uses, photometric diagrams of proposed lighting fixtures are also required. In the event photometric diagrams are not available, the applicant must provide sufficient information regarding the light fixture, bulb wattage, and shielding mechanisms for the Planning Commission to be able to determine compliance with the provisions of this section.

A table showing the total amount of proposed exterior lights, by fixture type, wattage, lumens, and lamp type.

The lighting plan for all new development shall be submitted for approval concurrent with the associated application process.

A certificate of occupancy shall not be issued until such time as the property is subject to a post installation nighttime inspection by the Planning and Zoning Administrator.

Immediately as a condition for approval upon application for a building permit, sign permit, conditional use permit, new (nonrenewal) business license, site plan review or similar County permit or review.

Immediately in the case of damaged or inoperative nonconforming lighting upon replacement or repair.

Within five years from the effective date of this section for all other outdoor lighting.

The County may require that a Utah-registered engineer design drainage improvements.

Adequate provision for short-and long-term ownership, maintenance and operation of the storm water management system shall be required.

Where water velocities may reasonably be expected to cause erosion problems, satisfactory means shall be provided to prevent such erosion. Culverts shall have concrete head walls and wing walls where conditions require.

Water supply systems and sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters.

Avoid development in 100-year floodplain or a natural or historic drainageway. Restrict development to area that is not within the 100-year floodplain or a natural or historic drainageway if such an area exists on a site.

Minimize development in 100-year floodplain or a natural or historic drainageway. If adequate area that is not within 100-year floodplain or a natural or historic drainageway exists on a site, the diversity of permitted uses in a zone district and permitted residential land use densities may be limited to minimize potential dangers to structures or persons.

Prohibit development in 100-year floodplain, natural or historic drainageway. If insufficient area that is not within 100-year floodplain, natural or historic drainageway exists on a site, development shall only be prohibited within 100-year floodplain or a natural and historic drainage ways where one (1) of the following conditions are met:

All new construction and substantial improvements shall be anchored to prevent flotation.

All mobile homes and manufactured homes must be elevated and anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces.

Specific anchoring requirements may include:

All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:

A minimum of 2 openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one (1) floor above grade. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters;

On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding; and

Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

New structures shall not be built on any portion of any parcel of land that contains an elevation change of more than 20 feet and an average slope of 30 percent, as measured from the points with highest and lowest elevation within 25 feet of any portion of the proposed structure, unless each of the following conditions are satisfied:

Not more than 10 percent of the total area of the proposed footprint of any structure is located on slopes in excess of 30 percent; and

Not more than 100 feet of the total length of any road or driveway is located on slopes in excess of 30 percent; and

New construction does not take place on any parcel that shows evidence of slope instability, rock fall, landslides, flooding, or other natural or man-made hazards. The applicant shall demonstrate that the slope’s ground surface and subsurface are not unstable, that the proposed development will not cause instability or increase the potential for rock fall or slope failure, and that the development of the slope will not increase the degree of hazard.

An on-site drainage catch basin shall be provided to handle the calculated difference between historic flows and the anticipated post-development 100-year frequency storms for maximum period of intensity, where such facilities are not provided by or as part of subdivision approval.

All structures on slopes regulated by this section shall have a maximum height of 22 feet.

The provision of this section shall not apply if the total change in site elevation surrounding the proposed structure is 20 feet or less. Such change in elevation shall be measured from the points with the highest and lowest elevation within 25 feet of any portion of the proposed structure.

Class A or B roof coverings;

Fire resistant siding materials;

Spark arrestors on chimneys and flues;

Fire extinguishers and equipment;

A clear zone (fuel break);

Fire sprinklers in all living areas, garages and mechanical (furnace) rooms; and

Emergency water supplies of 1000 gallons minute for 2 hours per dwelling. The above mitigation measures shall be incorporated into the proposed development.

Zone 1. On parcels of land that contain an average slope of less than 30 percent, Zone 1 shall consist of the 30-foot area immediately surrounding the primary structure, not to extend beyond the property line. on parcels of land that contain an average slope of 30 to 55 percent, Zone 1 shall consist of the area extending 45 feet to the sides and up slope of the primary structure and 60 feet down slope of the primary structure, not to extend beyond the property line. on parcels of land that contain an average slope of more than 55 percent, Zone 1 shall consist of the area extending 60 feet to the sides and up slope of the primary structure and 120 feet down slope of the proposed structure, not to extend beyond the property line. For purposes of this provision, average slope shall be measured from the points with the highest and lowest elevation within 25 feet of any portion of the footprint of the proposed primary structure. No dead trees or other dead vegetation may remain in Zone 1 at the time of initial sale or initial construction, whichever is first. Zone shall be further subdivided into 2 segments:

Zone 2. Zone 2 shall consist of the area immediately beyond Zone 1 and extending to 75 feet from the primary structure, not to extend beyond the property line. Trees shall be initially thinned in this area to maintain a minimum of 5 feet between tree crowns. All dead trees must be removed from Zone 2 prior to initial sale or initial construction.

Cuts, fills, grading, excavation, vegetation removal, and building construction shall be confined to the footprint of the proposed building, plus a working area of 30 feet around each such footprint, plus any site disturbance necessary for installation and maintenance of utilities, access ways, parking trails, irrigation ditches, fences, and for landscaping, agriculture, and similar activities.

Utilize limits of disturbance fencing around all disturbed areas; and

Apply water to all disturbed areas as often as necessary to effectively control fugitive dust.

All disturbed areas shall be restored within one (1) growing season after construction as natural-appearing landforms, with curves that blend in with adjacent undisturbed slopes.

Abrupt angular transitions and linear slopes shall be avoided. As necessary, cuts and fills shall be supported by retaining walls made of wood, stone, vegetation, or other materials that blend with the natural landscape.

Areas disturbed by grading shall be contoured so they can be re-vegetated.

Top soils shall be stock piled and placed on disturbed areas.

Nonresidential and multifamily residential development, including off-street parking areas associated with such development, shall be screened from property in a Protected Zone District pursuant to subsection A of this section or that contains a single-family or duplex use. Such visual screening shall be accomplished through siting and layout, the use of opaque fences, vegetative buffers, and berm(s) or a combination of such techniques along the lot line that is adjacent to property in a Protected Zone District pursuant to subsection A of this section or that contains a single-family or duplex use.

Mechanical equipment and outdoor storage shall be completely shielded from view of property in a Protected Zone District pursuant to subsection A of this section or that contains a single-family or duplex use by an opaque fence or wall that is at least one foot taller than the site feature being screened from view; provided, that this provision shall not be interpreted as requiring screening fences or walls to be taller than 10 feet. Fences, walls and buffers must comply with all other applicable zoning requirements.

A pedestrian crosswalk is constructed to provide access to the open space on both sides of the street; and

The rights-of-way area is not included in the calculation of minimum open space required.

Lands with unmitigable soils or geologic conditions,

Slope areas in excess of 30 percent greater than or equal to 75 feet wide and comprising a 20.000 square foot minimum contiguous area,

Ridgelines,

Flood hazards areas,

Riparian habitat areas, and

Historic or prehistoric sites,

Areas that connect the tract to neighboring open space, trails or greenways.

Public drinking water supply watersheds (recharge areas for the aquifer in the Glen Canyon formation), drinking water source protection zones,

Individual existing healthy trees greater than 12 inches caliper,

Other significant natural features and scenic view sheds such as, hedge rows, field borders, meadows, fields, peaks and rock outcroppings, particularly those that can be seen from public roadways,

Agricultural lands, and

Landscaped site elements such as arterial street buffers, district boundary buffers, civic greens and landscaped medians

The following are exempt from the performance standards of this section:

Temporary construction, excavation and grading associated with development for which applicable permits have been issued and with the installation of streets or utilities; and

Demolition activities that are necessary and incidental to permitted development on the same lot, on another of several lots being developed at the same time or in the public rights-of-way or easement.

To any residential remodeling project or other improvement where a new dwelling unit is not created or does not increase the number of service units; however, the provisions of this LUC shall apply to remodels for a bed and breakfast facility which requires a conditional use permit;

To any nonresidential remodeling or reconstruction project that does not result in an increase of gross floor area. In cases where increased gross floor area is created, the fee shall only apply to the actual increased gross floor area, not to the existing gross floor area;

To a mobile home unit that is to occupy a space for which a fee has been previously paid;

Placing a temporary construction trailer or office on a lot;

Adding uses that are typically accessory to residential uses, such as tennis courts or club-house, unless it can be clearly demonstrated that the use creates a significant impact on the capacity, public facility improvements; or

Any development of vacant land where an impact fee has been previously paid if the development does not intensify the public facility demand from the preexisting use for which the fee was paid. If the development intensifies the demand on public facilities from the previous land use for which a fee was paid, that portion of the development creating the intensification is subject to an impact fee.

The date the mobile home/manufactured home is located on its site.

The date the County is requested to turn on utilities to the site, which utilities shall not be provided until the impact fee is paid.

In the case of mobile home subdivisions, on or before the time of final plat approval for the subdivision or any phase thereof.

Development occurring in the prior year(s);

Public facility improvements actually constructed;

Changing facility needs;

Inflation;

Revised cost estimates for public facility improvements;

Changes in the availability of other funding projects;

Time-price differential; and

Such other factors as may be relevant.

In calculation of development impact fees for a particular project, credit or reimbursement shall be given for the present value of any construction of public facility improvements or contribution or dedication of land or money required by the County from the developer for public facility improvements of the category for which the development impact fee is being collected. Credit or reimbursement shall not be given for project improvements.

If a developer is required to construct, fund or contribute public facility improvements in excess of the development project’s proportionate share of public facility improvement costs, the developer shall receive a credit on future impact fees or be reimbursed at the developer’s choice for such excess construction, funding or contribution from development impact fees paid by future development which impacts the public facility improvements constructed, funded or contributed by the developer(s) or fee payer.

If credit or reimbursement is due to the fee payer pursuant to this section, the County shall enter into a written agreement, with the fee payer, negotiated in good faith, prior to the construction, funding or contribution. The agreement shall provide for the amount of credit or the amount, time and form of reimbursement.

No credits shall be given for the construction of local on-site facilities, structures, improvements, or other project improvements required by zoning, subdivision, or other County regulations unless the improvement is identified in the "Report" as a public facility improvement.

Any person requesting such credit or reimbursement shall submit their request in writing on a form provided by the County and present documentation of costs or payments for facilities to the County Treasurer or his/her designated agent for use in determining the amount of credit or reimbursement to be given. Requests for credit or reimbursement shall be submitted to the County Treasurer prior to the issuance of a building permit or manufactured/mobile home installation permit. The determination shall be made no more than 45 days after complete documentation is submitted to the County Treasurer. Any appeal from such a determination by the County Treasurer shall be pursuant to Section 9.13 of this LUC.

The County, after collection the fee when service is not available, has failed to appropriate and expend the collected development impact fees pursuant to Utah Code 11-36a-602(2);

The building permit for which the impact fee has been paid has lapsed due to non-commencement of construction;

The project for which a building permit has been used has been lawfully altered resulting in a decrease in the amount of the impact fee due; or

The request for refund must be in writing and submitted to the County Treasurer on a form provided by the County for such purpose. The owner shall provide such documentation as the County Treasurer may require to prove such satisfaction, reconveyance, or releases from contract sellers, mortgagees, lien holders, and/or others having an interest in the real property for which an impact fee has been paid.

The request for refund must be submitted to the County Treasurer or his/her duly designated agent within the time allowed by law.

Within 90 days of the date of receipt of a request for refund, the County Treasurer or his/her duly designated agent must provide the petitioner, in writing, with a decision on the refund request including the reasons for the decision. If a right to refund exists, the County is required to send a refund to the owner of record within 90 days after it is determined that a refund is due. A refund shall include a refund of the interest earned since the County’s acceptance of the impact fee.

The property owner may appeal the determination of the County Treasurer or his/her duly designated agent to the County Commission.

Any person or entity as identified in Utah Code 11-36a-701(1) may file a declaratory judgment action challenging the validity of the fee.

Any person or entity that has paid a fee may appeal the written determination of the applicability and amount of the development impact fee, or refund, or any discretionary action or inaction by or on behalf of the County or the County Commission.

The person or entity must file a notice of appeal to the County Commission with the County Recorder within 30 days following the payment of the impact fee, the written determination regarding an impact fee, a discretionary action or inaction. When filing an appeal, the appellant shall submit a letter providing a full explanation of the request, the reason for the appeal, as well as all supporting documentation.

The County Commission must make its decision regarding any appeal no later than 30 days after the date the appeal is filed.

Within 90 days of the County’s decision regarding the appeal or within 120 days after the date the appeal is filed, whichever is earlier, any party to the administrative action who is adversely affected by the County Commission’s decision may petition the district court for review of the decision.

The filing of an appeal shall not stay required payment of the impact fee, however fee payer can pay a development impact fee under protest in order to obtain development approval or building permit.

Upon voluntary agreement by the appellant and the County, any disagreement related to the impact fee for the proposed development may be mediated by a qualified independent party.

Mediation may take place at any time during the appeals process and participation in mediation does not preclude the appellant from pursuing other remedies provided for in this LUC or state law.

Mediation costs shall be shared equally by the appellant and the County.

The combined square footage of all primary and secondary or accessory structures exceeds 3,000 square feet.

The combined assessed value of all land, primary, and secondary or accessory structures exceeds $800,000 at the time a certificate of occupancy is granted.

The developer chooses to build units deed restricted for occupancy by low-income house-holds. The assured housing requirement equals 50*(16.85/100) = 8.425 units. When rounded up to the next whole number, the assured housing requirement shall be nine units.

The developer chooses to build units deed restricted for occupancy by very low-income households. The assured housing requirement equals 50*(9.85/100) = 4.925 units. When rounded up to the next whole number, the assured housing requirement shall be five units.

The developer chooses to build units deed restricted for both low-income and very low-income households in equal proportions. The assured housing requirement equals 50*(16.85/100)*50% = 4.2125 units deed restricted for low-income occupancy and 50*(9.85/100)*50% = 2.4625 units deed restricted for very low-income occupancy. When rounded up to the next whole number, the assured housing requirement shall be five units and three units respectively. Note the 50 percent factor is to reflect the 50-50 split between low-and very low-income unit restrictions.

The developer chooses to utilize the fee in lieu option to meet the assured housing requirement. The assured housing requirement will be a function of the total square footage of all primary and accessory structures associated with the development at a rate of $8.77 per square foot.

The fee in lieu is due and payable prior to the issuance of a building permit.

The County shall use the fee in lieu, either individually or in combination with other funds, for affordable housing purposes. These funds shall be held and accounted for in a separate fund which shall be used solely for the acquisition, construction, maintenance, management, or development of affordable housing.

The affordable housing units shall be leased to, and occupied by, eligible persons;

The affordable housing units shall be leased at rent levels affordable to eligible persons for a period of not less than 50 years from the date of the initial certificate of occupancy;

Subleasing of affordable units or the offering or use of affordable units as overnight accommodations is prohibited;

The number of affordable units shall not be reduced and shall remain at the originally approved affordability level for a period of not less than 50 years; and

Provisions for enforcement and monitoring of the affordability controls, including (as applicable) specific performance, damages, and an award of attorney fees and costs in the event of a violation.

The fee in lieu is due and payable prior to the issuance of a building permit.

The County shall use the fee in lieu, either individually or in combination with other funds, for affordable housing purposes. These funds shall be held and accounted for in a separate fund which shall be used solely for the acquisition, construction, maintenance, management, or development of affordable housing.

Actions to revoke, deny or suspend any permit, including a land development permit, conditional use permit, building permit, certificate of occupancy, or discretionary approval;

Actions to recover from any violator of this section civil fines, restitution to prevent unjust enrichment from a violation of this section, and/or enforcement costs, including attorney fees;

Eviction or foreclosure; and

Any other appropriate action for injunctive relief or damages. Failure of any official or agency to fulfill the requirements of this section shall not excuse any person, owner, house-hold or other party from the requirements of this section.