The regulations hereinafter set forth in this Chapter qualify or supplement, as the case may be, the zone regulations of any Zoning District appearing elsewhere in this Ordinance.

No building permits shall be issued for construction of any building or structure to be located on a restricted lot unless a valid Conditional Use Permit for the same has previously been issued pursuant to this Code.

Any lot legally held in separate ownership at the time of adoption of the first Grantsville City Zoning Ordinance (March 2, 1978) which lot is below the requirements for lot area or lot width or frontage for the district in which it is located and on which lot a dwelling would be permitted if the lot met the area requirements of this Code, may be used for a single-family dwelling if such a lot is located in a residential district. The width of each of the side yards for such a dwelling may be reduced to a width which is not less than the same percentage of the lot width as the required side yard would be of the required lot width, provided that in no case shall the smaller of the two yards be less than 5 feet, nor shall the total width of the two yards be less than 13 feet; provided however, that when this Code replaces a previously adopted zoning ordinance, if a lot was legally created under the provisions of that ordinance, it shall be classified as a legal non-conforming lot under this Code.

After adoption of this Code, no lot having less than the minimum width, depth and area required in the district in which it is located may be created nor shall building permits be issued for construction on such non-conforming lots created subsequent to adoption of this Code.

Exceptas otherwise provided in this Code, every lot presently existing or hereafter created shall have such area, width, and depth as required by this Code for the district in which such lot is located and shall have frontage upon a public street or upon a private street or right-of-way approved by the Planning Commission, before a building permit may be issued, provided that no lot containing 1/2 acres or less shall be created which is more than 3 times as long as it is wide.

Amended 09/2018 by Ordinance 2018-16

Every dwelling structure shall be located and maintained on a separate lot having no less than the minimum area, width, depth and frontage required by this Code for the district in which the dwelling structure is located, except that farm or ranch dwellings, group dwellings, condominiums, and other multi-structure dwelling complexes under single ownership and management, which are permitted by this Code and have approval from the Planning Commission, may occupy a single lot.

Lots with frontage only on private streets shall be allowed by conditional use permit only, and shall conform to City right of way standards.

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 Code 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.

Every part of a required yard shall be open to the sky, unobstructed except for permitted accessory buildings in a rear yard, the ordinary architectural projections of skylight, sills, belt courses, cornices, chimneys, flues, and other ornamental features which project into a yard not more than 2 1/2 feet, and open or lattice-enclosed fire escapes, fireproof outside stairways and balconies opening upon fire towers projecting into a yard not more than five feet.

Penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, steeples, flagpoles, chimneys, smokestacks, water tanks, wireless, radio, or television masts, theater lofts, silos, energy generation and conservation apparatus, or similar structures may be erected above the height limits herein prescribed. Nonetheless no space above the height limit shall be allowed for purposes of providing additional floor space, nor shall such increased height be in violation of any other ordinances or regulations of Grantsville City.

Public buildings and utility buildings, when authorized in a district, may be erected to a height greater than the district height limit by conditional use permit.

No dwelling shall be erected to a height less than 1 story above grade.

No building which is customarily accessory to a dwelling shall be erected prior to the dwelling, unless a conditional use permit has been approved by the Planning Commission.

Amended 02/11 by Ordinance 2010-27, 05/12 by Ordinance No. 2012-05

Repealed 05/12 by Ordinance 2012-06

In all cases where a proposed building or proposed use will involve the use of sewage facilities, and a connection to a public sewer system as defined by the Utah State Division of Health is not available, and in all cases where a connection to a public water system approved by the Utah State Division of Health is not available the sewage disposal system and the domestic water supply shall comply with requirements adopted by Grantsville City. The application for a building permit shall be accompanied by evidence of the physical presence, legal right to and availability of culinary water acceptable to Grantsville City and showing the actual physical presence, legal right and availability of a sewer system for the proposed building or use.

A. For the purpose of providing adequate vision of vehicular and pedestrian traffic, a clear-view area shall be maintained at the intersection of every street, whether public or private street. The clear-view provisions are considered life-safety standards and shall supersede any conflicting provisions of this Code. . This Code applies to residential streets with speeds 25 mph or less. All sight triangles and clear view areas shall comply with the latest edition of the Geometric Design of Highway and Streets “Greenbook” by the American Association of State Highway and Transportation Officials.

B. No provision of this section shall be constructed to allow the continuance of any nonconforming tree, shurb, plant or plant growth, fence wall, other screening material, or other obstruction which interferes with the safety of pedestrians or vehicle traffic.

C. No obstruction to view in excess of three feet (3') in height shall be placed on any corner lot within a triangular area formed by the street property lines and line connecting them at points thirty feet (30') from the intersection of the street lines. Within that clear-view area, the following shall apply:

1. Solid fences, walls, signs, sight obscuring vegetation, and/or other sight obscuring devices shall not exceed three (3') feet in height above the level of the curb.
2. Open style fences shall not exceed four (4') feet in height above the level of the curb and front yard sold fencing shall not exceed three feet (3') in height.
3. Tree trunks shall not be located within the clear-view area, however, tree canopies may extend into the clear view area if they are trimmed at least seven (7) feet above the elevation of the sidewalk and eleven (11) feet above the elevation of the street. It is unlawful to allow any vegetation or other growth to block any traffic sign, traffic signal, street light, or other public safety device, regardless of whether it is located in a clear-view area or not.
4. No sign shall be allowed in the clear-view area unless it is specifically permitted in this Title and it is determined by the City Engineer that it is not a safety hazard.
5. No obstruction of any sort which interferes with the safety of pedestrians or traffic shall be allowed within the clear view area unless it is specifically permitted by this Title and it is determined by the City Engineer that it is not a safety hazard.

D. The clear view area for the intersection of a driveway and a street shall have no obstruction to view in excess of three feet (3') in height and shall be placed at any automobile access way within the triangular area formed of points twelve feet (12') along the property line and twelve feet (12') along the driveway line. The driveway clear view fencing provisions may not be required on corner and double frontage lots for a secondary drive access that is gated, locked, and that accesses the rear yard, if it is determined by the City Engineer that the drive access is not a primary access.

E. Trees, shrubs that are located within the park strip must be thirty feet (30') from any traffic or street sign and must be pruned above the sidewalk seven feet (7') for pedestrian safety and above the road thirteen feet-six inches (13.6) for emergency and maintenance vehicles.

When approved by the City Council, the Planning Commission may require the erection of fences as a prerequisite to approval of any project or to the granting of any building permit where, in the opinion of said Commission, this is necessary to protect life and property, or to prevent conflict of uses. Such fences shall be of a type and size necessary, in the opinion of the Planning Commission, to accomplish the above-stated purpose. View obscuring fences shall be installed by the property owner to block the view from the public right-of-way, or from neighboring properties whenever uses of land are found by the Planning Commission to be offensive, detracting, obnoxious, visually polluting or otherwise visually devaluing to the Community.

(1) Fences, walls, and hedges may be erected or allowed to the permitted building height in the district when located within the required buildable area. Fences, walls, and hedges may not exceed 7 feet in height within any required rear yard or interior side yard. No view-obscuring fence, wall or hedge exceeding 3 feet in height shall be erected or allowed closer to any street line than the required building setback line. Non-view-obscuring fences or walls may be erected to a maximum height of 4 feet within the front yard. For the purpose of this section, single shrub planting shall not constitute a hedge if the closest distance between the foliage of any 2 plants is and remain at least 5 feet.

(a) Where a fence, wall, or hedge is located along a property line separating 2 lots and there is a difference in the grade of the properties on the two sides of the property line, the fence, wall, or hedge may be erected or allowed to the maximum height permitted on either side of the property line.

(b) All fence construction higher than seven feet requires a building permit to be issued by the City Building Official.

(c) There shall be no fence nor hedge within 3 feet of any fire hydrant.

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

Whenever development or construction is or may be subject to geologic or flood hazards, the Planning Commission may require the applicant to submit a geologic and soils survey report prepared by a qualified professional team. When such report indicates a lot to be subject to unusual potential or actual geologic or flood hazards, the applicant shall meet the special conditions required by the Planning Commission to reduce or eliminate such hazard, or if such conditions cannot be met or will not be met, the application for a building or conditional use permit shall be denied.

Gasoline pumps shall be set back no less than 18 feet from any street line (property line) to which the pump island is perpendicular, and 12 feet from any street line to which the pump island is parallel, and not less than 10 feet from any residential or agricultural district boundary line. If the pump island is set at an angle on the property, it shall be so located that the automobiles stopped for service will not extend over the property line.

Where a zoning district boundary cuts through a lot, the use regulations to each portion of the lot shall strictly apply to it and shall not extend into the other portion of the lot that has a different zoning district designation.

Amended 01/97

No sewer service line, water service line, electrical nor gas utility line shall be installed by a public or private company to a building, structure, or use which does not comply with the provisions of this Code or other local regulations.

It is the intent of this Code to hold franchised utilities responsible for all excavations, back-filling and paving. To this end all such work, whether done by a private or public entity, shall be commenced only pursuant to the issuance of a permit (see Chapter 7 of this Code). Cuts and fills shall be constructed according to standards established by Grantsville City.

Wherever a lot is adjacent to a mapped street on the adopted General Plan of Grantsville City, there shall be a front yard provided which is measured from planned edge of the future right-of-way.

(1) The appearance and condition of premises has a significant effect on property values, wholesomeness of surroundings and moral values. Accordingly, the following regulations shall apply:

(a) The outside surface of buildings which are constructed of wood shall be coated with paint or other wood preservative before such building is occupied or used.

(b) Whenever a front yard is required, such yard shall be planted and maintained in lawn and shrubbery, except for walks and driveways.

(c) Trash, weeds or other material liable to contribute to a fire hazard, infestation by rodents or insects shall not be allowed to remain on any lot outside of approved containers in Grantsville City and no junk, debris, abandoned or dismantled vehicles, or similar refuse material shall be stored or allowed to remain outdoors except in an MD or MG district by conditional use permit.

(1) Roof, exterior siding, dimensions, and skirting or foundation of a residential facility shall meet the following standards:

(a) Roofs shall have a minimum pitch of 2.5 to 12 over at least 75% of the structure and have a surface of wood shakes, wood or composition asphalt mineral surface shingles, concrete, fiberglass or metal tiles, single-ply, slate, built-up gravel, or standing rib metal roofing. Roof overhangs must not be less than twelve inches, excluding rain gutters which may account for up to four inches of overhang measured from the vertical side of the dwelling.

(b) Exterior siding materials shall consist of wood, masonry, concrete, stucco, “masonite”, metal or vinyl clad lap, or any material with similar appearance which meets the Uniform Building Code.

(c) The minimum width of any dwelling shall be at least 22 feet at the narrowest point of the main floor at ground level for at least 32 feet measured at right angles to the width face exclusive of garage area. Manufactured homes or modular units as defined in Utah code Ann. 58-56-3, shall also meet the width and length requirements of this section when the factory built sections are joined together on site, exclusive of garage area. Manufactured homes or modular units may not have additions constructed on site to meet the width and length requirements of this section.

(d) Skirting is required with materials which meet the Uniform Building Code standards and is aesthetically consistent with concrete or masonry type foundation materials. A masonry foundation constructed in accordance with plans and specifications available UPON REQUEST from Grantsville City is acceptable.

Amended 03/03 by Ordinance 2003-04

A residential facility must provide a minimum of 72 square feet of enclosed storage space with at least six feet of clear height located within the residential facility, in the basement, in the garage area (supplemental to) or in an accessory storage structure on site which conforms to all applicable zoning and building code regulations and requirements.

(1) Construction of dwellings shall comply with all applicable regulations in effect in Grantsville City, be constructed on a legal lot in a zone which permits the residential facility and obtain the appropriate building permit. A certificate of occupancy is required and will be issued upon finding that the residential facility has complied with the controlling regulations.

(2) New construction of dwellings on site shall meet the requirements of the Uniform Building Code (UBC), and be inspected by the local Building Official. Additions, alterations, foundations, and accessory buildings require building permits.

(3) New dwellings constructed or manufactured off-site in a “factory” must be certified to be in compliance with the Uniform Building Code or the National Manufactured Housing Construction and Safety Standards Act of 1974 and bear the approved U. S. Department of Housing and Urban Development approved (HUD) insignia. The HUD insignia may not be removed from its original location on the structure nor any unapproved modification made to the structure without approval of Grantsville City. Installation of an off-site manufactured residential facility that is designed to meet UBC requirements shall be permanent and comply with Uniform Building Code requirements for component assemblies. The installation shall be designed to meet seismic and wind load requirements. A copy of the calculations shall become part of the building permit application.

(4) Installation of the off-site manufactured residential facility constructed to meet HUD requirements and bears the HUD insignia shall comply with the authorized “installation manual” which accompanies the unit from the factory. The installation shall be designed to meet seismic and wind load requirements. A copy of the calculations shall become part of the building permit application. The residential facility shall be permanently installed on an approved foundation which is constructed according to the HUD installation manual or the Uniform Building Code.

(1) Before being moved into, or within Grantsville City, used dwellings, constructed off-site shall:

(a) Provide a certification from a qualified licensed professional, approved by Grantsville City, that the structure was constructed to meet HUD requirements and retains the insignia of approval, has not been modified, or, if it has been modified that such modification does not invalidate the original factory certification for its intended use; or

(b) Provide a certification from a qualified licensed professional approved by Grantsville City that the facility was constructed to meet UBC requirements and has not been modified, or, if it has been modified that such modification does not invalidate the original approval of having been constructed to meet UBC requirements.

(2) If a residential facility does not meet the above criteria and the local Building Official is convinced that the plans for its installation in Grantsville City will bring it in to full compliance with the Uniform Building Code, said Building Official may approve the plans and allow the residential facility to be moved to its intended permanent legal location in Grantsville City.

Under all circumstances that this Ordinance allows or permits a limited number of animals to be kept on property, as a conditional or non-conforming use, the offspring of such animals may also be kept on said property, without violating any numerical restrictions, until such time as said offspring are no longer suckling or are nine months of age, whichever occurs first, at which time said offspring or other animals shall be removed from property to maintain the permitted number.

Amended 03/02 by Ordinance 2002-03

All new electricity, cable television or communication utility lines required for new commercial developments or new residential units shall be placed underground pursuant to the requirements of the applicable state building and electrical codes.

Amended 06/03 by Ordinance 2003-12, 03/04 by Ordinance 2004-01, 07/12 by Ordinance 2012-11

Garage and yard sales mean the display or advertisement for sale of more than one article of tangible personal property by a person who does not have a Grantsville City business license and is not in the business or does not hold himself or herself out to be in the business of selling tangible personal property at retail. Two garage or yard sales may be held at a single address during any calendar year, provided each sale does not last longer than five consecutive days. (See the sign ordinance regulations for garage and yard sale signs.

Added 07/10 by Ordinance 2010-13

1. Multi unit residential units, also called attached dwelling units, shall include any structure that provides for more than one place of residence. The combined units in each structure shall meet the requirements of GLUMDC 4.34(2). The structure shall be constructed to comply with all current building and fire codes.
2. The minimum size requirements for a multi-unit lot is:
   1. The minimum lot size per individual unit for townhouses, row houses and other attached but separately owned type units is 2,400 square feet including a minimum of 1,000 square foot unit footprint. As the unit footprint increases in area the overall lot size shall increase equivalently as necessary to allow the unit the meet minimum frontage width and all setbacks. Lot sizes for end units shall include additional lot area to meet corner side setbacks of 25 feet. The minimum building to building spacing of 30 feet overall between buildings. The side setback along property boundaries shall be 15 feet. Setback areas may be held in common ownership. The minimum lot size only includes the area within the setbacks and does not include: public/private streets, private drives/ alleyways serving multiple units, visitor parking, common use areas such as playgrounds, neighborhood recreational amenities, sidewalks, pathways, or trails..
   2. The minimum lot size for attached apartments and condominiums shall be calculated based upon an area per individual unit of 2,400 square feet. The building footprint is not included in the lot size calculation. Open space requirements shall apply. This minimum area includes parking lots internal driveways, common use areas, amenities, internal sidewalks pathways or trails. Regardless of the minimum lot size calculation building setbacks shall remain in force when locating all buildings on a site. Interior amenities for utilization of all residents such as gyms, pools, group meeting areas including amenities typically found in a club house may be calculated as part of the lot size if they do not contain residential units, building maintenance or mechanical areas serving the residential portions of the complex either in, above or below the amenity. Interior amenities, sheds and covered or enclosed parking shall not encompass more than 1/3 of the area calculated as minimum lot size.
      
   3. Setbacks
      1. Front: 25 feet
      2. Sides (attached dwellings): 30 feet spacing between buildings containing dwelling units 15 feet side setback to property line
      3. Rear: 20 feet
      4. Corner lots (attached dwellings): In order to maintain an adequate site triangle, there shall be a minimum setback on corner lots as follows: 25 feet on each side fronting a street
         
   4. Minimum Lot Frontage
      1. Townhouses, rowhouses, and attached separately owned residential units shall have a lot frontage/lot width per unit of no less than 30 feet
   5. Open Space Requirements: In recognition that attached dwelling and mixed-use housing typically includes limited personal outdoor space, all attached dwelling and mixed use projects shall provide a minimum of 10% of the total residential project area to be used for improved open space. There shall be no fee in lieu option for open space in these projects. The improved open space shall comply with the following requirements:

1. The open space area shall be part of the common area and shall be used to provide amenities and activity areas for the residents of the development.

2. Amenities shall include active and passive uses such as but not limited to play areas and equipment, exercise areas and equipment, and outdoor gathering areas that are conducive to the health, safety and welfare of the residents.

3. As open space areas are meant to provide outdoor amenities for the use of the residents, stormwater facilities shall not be considered as part of the open space area.

4. Open space shall not encroach on setback areas and adequate buffering shall be provided to shield residences, onsite and neighboring, from the light and noise of amenities.

5. Pathways and trails shall be provided that allow all residents to safely access the open space areas.

6. The attached dwelling and mixed use open space requirements shall supersede the open space requirements found in Chapter 21 Subdivision Regulations.

f. Street and Parking

1. All streets shall be designed and constructed to meet the City's standards for streets

2. Parking for Residents: Parking requirements found in Chapter 6 Off Street Parking and Loading shall apply with the following exceptions:

a. There shall be a minimum of two (2) parking spaces provided for each unit

b. Additional parking for recreational, commercial, and other types of units will be required if the residents are not required to park them off-site by a rental/owner agreement.

3.Residential Visitor Parking: Parking requirements found in Chapter 6 Off Street Parking and Loading shall apply with the following exceptions:

a. Parking for the first ten (10) units shall provide one (1) separate designated visitor parking stall per dwelling unit. Each unit over the first ten (10) dwelling units, one (1) additional parking stall for each two (2) dwelling units shall be provided.For any partial stalls calculated, the applicant shall round up to the next whole number of stalls.

b. If sufficient separated designated visitor parking is not available in approved curbside locations, off-street parking shall be provided no more than 200 feet away from the units for which parking is serving.

4. Commercial Parking: Parking requirements found in Chapter 6 Off Street Parking and Loading shall apply

1. Maximum height is three (3) or thirty-five feet (35'), whichever is less.
2. Ground floor units shall be ADA accessible.

1. The portion of the lot not covered by improvements shall be fully landscaped in accordance with Chapter 9 of GLUMDC.