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Gunnison City Zoning Code

CHAPTER 16

GENERAL DEVELOPMENT STANDARDS APPLICABLE TO ALL PROPERTY AND LAND USES

Section 1601 Purpose

The purpose of general development standards is to further the purposes of the General Plan and the City’s Land Use Ordinances. Compliance with all general development standards, as well as all other requirements of this Ordinance, and all other Federal, State and Local requirements, as applicable, is required for the approval of all Land Use Applications.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010

Section 1602 Consistency And Conformity To The General Plan Required

No Land Use Application approval and no Land Use Ordinance, or amendment thereto, and no Official Map, or amendment thereto shall be approved unless such Land Use Application approval, amendment, ordinance or map is found to be consistent and conform to the General Plan, as adopted.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010

Section 1603 Public Uses To Conform To General Plan

As required by the Act, no publicly-owned road, street, way, place, space, building, structure, or facility, and no public utility line, infrastructure, or facility, whether publicly or privately owned, may be constructed unless:

  1. It conforms to the General Plan, including consistency with the accompanying map(s), or;
  2. It has been considered by the Commission and, after receiving the recommendation of the Commission, has been approved by the Council as an amendment to the General Plan.
  3. Received necessary Land Use Application approval by the Land Use Authority, as applicable.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010

Section 1604 Effect Of Official Maps

  1. As provided by the Act, the City may adopt Official Maps, as defined herein.
  2. An Official Map does not:
    1. Require a landowner to dedicate and/or construct a street as a condition of development approval, except under circumstances provided by Section 210, or,
    2. Require the City to immediately acquire property.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010

Section 1605 Allowed Minimum Use Of Legal Lots

Nothing in this Ordinance shall be construed to prevent the establishment of one (1) Single-Family Dwelling on any legal lot or parcel of land, as determined by the Zoning Administrator, and provided that such legal lot or parcel is located in a Zoning District that permits Single-Family Dwellings, and any proposed construction can qualify for a Building Permit, as required by the Building Code, as adopted.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010

Section 1606 Illegal Lots, Uses, Buildings And Structures

Any lot, use, building or structure which was not authorized by a prior Land Use Ordinance, shall remain as an illegal lot, use, building, or structure, unless such lot, use, building, or structure is approved by a Land Use Authority, as applicable, as a lot, use, building or structure allowed by this Ordinance.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010

Section 1607 Allowed Uses

All uses allowed by this Ordinance, either as a Permitted Use or Conditional Use, are identified in Appendix A, Table of Uses.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010

Section 1608 Prohibited Uses

Any use not specifically provided for in Appendix A, Table of Uses is a Prohibited Use within Gunnison City.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010

Section 1609 Use Approval And Building Permit Required Prior To Any Construction

No use shall be established and no construction, alteration, enlargement, repair, or removal of any building, structure, or part thereof shall be commenced until the approval of a Land Use Application and building permit, as required.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010

Section 1610 Applications Required

All requests to establish a use, or construction, alteration, enlargement, repair, or removal of any building, structure, or part thereof shall be initiated by the submission of necessary Land Use Application(s), as required, including this Ordinance, the Administrative Manual, and Building Code, as adopted.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010

Section 1611 All Buildings Taxed As Real Property

All buildings shall be taxed as real property. For a mobile home an affidavit shall be filed with the State Tax Commission, pursuant to the requirements of the Utah Code Annotated, as amended.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010

Section 1612 Payment Of Taxes And Charges Required

A Land Use Application approval and any other permit or license approval may provide that the Land Use Application approval is not valid and no building permit shall be issued until all delinquent taxes and charges for the property have been paid to the date of approval.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010

Section 1613 Uses On Land Purchased, Leased, Or Otherwise Acquired From Federal Or State Government

Land purchased, leased, or otherwise acquired from any Federal, State or Local agency shall comply with all provisions and requirements of this Ordinance and the Administrative Manual.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010

Section 1614 All Uses, Buildings, And Structures To Comply With Zoning District Requirements

Every use established, and all buildings or structures erected, reconstructed, altered, enlarged or moved shall be used, established, or constructed only as allowed by the requirements of this Ordinance, and the City’s other Land Use Ordinances, and Administrative Manual.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010

Section 1616 Minimum Lot Frontage Required

Every lot or parcel created shall have frontage upon a dedicated or publicly approved road or street, or right-of-way providing direct access to a dedicated or publicly approved road or street. The required lot frontage shall be not less than the minimum lot width requirement as measured at the minimum front yard setback, as required by the Zoning District in which the lot is located, except as follows:

  1. For lots which front upon a curve or cul-de-sac, the distance may be reduced to not less than seventy (70) feet for lots located in an A-1 and RR-1 Zoning District or sixty (60) feet for lots located in all other Zoning Districts, provided that the side lot lines radiate in such a manner that the width of the lot at the minimum front yard setback line is not less than the minimum requirement of the Zoning District in which the lot is located.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010

Section 1617 Minimum Buildable Area

Every lot or parcel created after the effective date of this Ordinance shall have a minimum buildable area sufficient to establish a building or structure thereon that meets the minimum standards of the Zoning District in which the lot or parcel is located.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010

Section 1618 Lot Standards - Creation Of Noncomplying-Lots Prohibited

Every lot or parcel created after the effective date of this Ordinance shall comply with the minimum lot size, frontage, width, depth, and all other requirements of this Ordinance.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010

Section 1619 All Buildings Or Structures To Be On A Single Lot

All buildings or structures shall be located and maintained on a lot, as defined, such lot meeting all requirements of this Ordinance and the City’s other Land Use Ordinances.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010

Section 1620 Lots In Two (2) Or More Zoning Districts

Where a lot is located in two (2) or more Zoning Districts, the more restrictive Zoning District provisions shall apply.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010

Section 1621 Required Yard Areas For One Building Only

  1. All required yard areas shall be situated on the same lot as the primary building or structure to which it is required.
  2. No required yard area for any lot or building required for the purposes of complying with the City’s Land Use Ordinances, including this Ordinance, shall be considered as providing the required yard for any other lot or building.
  3. No area required to meet the lot width, area, setback, or other requirements of this Ordinance for a lot or building may be divided, sold, or leased separately from such lot or building.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010

Section 1622 Required Yards To Be Unobstructed-Exceptions

All required yard or setback areas shall be open to the sky and unobstructed and all buildings or parts thereof shall comply with the minimum setback requirements of the Zoning District, except for permitted and approved accessory buildings, for the projection of sills and other ornamental features.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010
Amended by Ord. 2024-12 on 11/21/2024

Section 1623 Effect Of Official Streets Map

Wherever a required front yard or side yard abuts on a road or street, the required front yard and side yard setback shall be measured from the mapped street line provided by the Official Map, as adopted.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010

Section 1624 Clear View Area Requirements

  1. Street Intersections/Corner Lot. In all required front yard setback areas, no obstruction to view in excess of three (3) feet in height, or four (4) feet in height for a “Fence – Open” shall be placed on any corner lot within a triangular area formed by the street or road right-of way lines and a line connecting them at points twenty (20) feet from the intersection of the curb lines, or street or road right-of-way lines.
  2. Major Roads. The clear view area on major roads shall be the triangle formed by the road right-of-way lines and a line connecting them at points forty-five (45) feet from their intersection.
  3. Driveways. The clear view area for a driveway shall be the triangle formed by the driveway lines and the street right-of-way line and a line connecting them at points fifteen (15) feet from the intersection of the driveway line and street right-of-way line.
  4. Modification of Clear View Area. A modification of the clear view areas may be made by the Land Use Authority, as applicable. The Land Use Authority is authorized to increase or decrease the required clear view area if it is determined that there is a valid public safety reason to increase or decrease the required clear-view area and the public safety of the area will be maintained.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010

Section 1625 Maximum And Minimum Height Of All Buildings

  1. The maximum and minimum height of all primary buildings shall be as identified in Appendix B, Table of Development Standards, for the Zoning District in which the primary building is located.
  2. Exceptions
    1. The requirement for maximum building height shall not apply to Chimneys, wireless or television masts, nor agricultural buildings, provided such structures or buildings are not used for human occupancy.
    2. A building height greater than the maximum building height may be allowed for public buildings, flag Poles, and churches, provided the portion of the building exceeding the maximum height standard is set back from required setback lines a distance of one (1) foot for each additional foot of building height above the maximum height allowed in the Zoning District.
HISTORY
Adopted by Ord. 2010-2 on 11/17/2010
Amended by Ord. 2024-12 on 11/21/2024

Section 1626 Adequate Public Facilities Requirements

Land shall be developed only to the extent that adequate infrastructure and services are available, or will be available concurrent with the development activity, and at capacities sufficient to meet the needs of the proposed development. A Land Use Authority may require an analysis to be completed and provided to determine if adequate public facilities and services are available to serve the proposed development and if such development will change the existing levels of service, or will create a demand for services that exceeds available capacities.

Public facilities that may be required by a Land Use Authority to be included in a public facilities analysis include, but are not limited to, road and street facilities and capacities, intersection and bridge capacities, culinary water facilities, sanitary sewer facilities, storm drainage facilities, fire protection and suppression facilities, park and recreational facilities, culinary water facilities, fire and emergency services response times, police protection services, and other required public facilities and services. A Land Use Authority may deny or modify a proposed development activity if the demand for public facilities and services exceeds available capacities or require an Applicant for a Land Use Application approval to provide the required facilities and services, at the capacities required, and concurrent with the demand created by the development activity, consistent with all applicable legal authorities.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010

Section 1627 Culinary Water, Sanitary Sewer, And Fire Protection Requirements

  1. All properties requiring culinary water, secondary water, and sanitary sewer services shall be connected to the public culinary water, sanitary sewer, and secondary water systems of the City and shall comply with all requirements of the Culinary Water Authority and Sanitary Sewer Authority, as applicable.
  2. All uses and primary buildings shall comply with the requirements of the Fire Authority, as applicable.
HISTORY
Adopted by Ord. 2010-2 on 11/17/2010
Amended by Ord. 2023-02 on 3/2/2023

Section 1628 Required Roads, Streets, Curb, Gutter, Sidewalks, Fire Protection, Trails, And Other Improvements

  1. The installation of necessary roads and streets, street widening, curbs, gutters, sidewalks, storm drain, fire protection facilities, trails, and other public improvements are required for all Major Subdivisions, multi-family, or non-residential developments and shall be installed in accordance with the city's adopted construction standards as a condition of any Land Use Application approval.
  2. The Council may provide that the installation of necessary roads and streets, street widening and improvement, curbs, gutters, sidewalks, fire protection facilities, trails, and other improvements be delayed until a specified date, or provided as part of any area-wide improvement plan(s). Any action by the Council to delay the installation of any required improvements shall only be with a finding of special circumstances, with the Applicant for a Land Use Application approval providing a written agreement, acceptable to the City Attorney, agreeing to provide the required improvements on the date identified, or participating in any improvement plan(s), at a time determined. The timing of any improvement plan(s) shall be at the sole discretion of the Council.
HISTORY
Adopted by Ord. 2010-2 on 11/17/2010
Amended by Ord. 2023-02 on 3/2/2023

Section 1629 Infrastructure, Design And Construction Standards And Requirements

The layout and design of all site plans and subdivisions and the content of all plans, plats, engineering design plans, documentation, and other required materials and submissions and subdivision infrastructure, design and construction standards shall comply with the requirements of this Ordinance, and the Gunnison City Construction and Design Standards.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010

Section 1630 Guarantee Of Installation Of Improvements

A Land Use Authority shall include as a condition of any final approvals that applicants shall guarantee the installation of any required facilities or improvements in accordance with Chapter 6 of the Construction and Design Standards.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010
Amended by Ord. 2023-02 on 3/2/2023

Section 1631 Business License Required - Continuing Obligations

All activities requiring a business license, as required by the City’s Business License Ordinance, shall be operated in compliance with all requirements of the Land Use Application, as approved, and all business license requirements. Issuance of a business license shall be conditioned upon continued compliance with all requirements and/or conditions of Land Use Application approval. All activities requiring a business license shall comply with all requirements, including annual license renewal.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010

Section 1632 Lot And Setback Requirements For Primary Buildings

Appendix B, Table of Development Standards, identifies the minimum lot size, building location requirements, and other requirements for buildings and structures in each Zoning District provided by this Ordinance.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010

Section 1633 Off-Street Parking Requirements

All uses shall provide the minimum off-street parking requirements identified by Chapter 18.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010

Section 1634 Construction Subject To Geologic, Flood, Or Other Natural Hazards

To protect the public health, welfare and safety from geologic, flood, or other natural hazards all Land Use Applications shall be required to provide a geotechnical report if any land area or parcel that has the potential for any soils, earthquake, flood, or other natural hazards. The geotechnical report shall be provided as follows:

  1. Be prepared at the Applicant’s expense by a registered or licensed geologist, soils engineer, or civil engineer.
  2. Identify the suitability of the subject property to accommodate the proposed development, identifying all development constraints, limitations, conditions, and mitigation actions, applying best management practices.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010

Section 1635 Required Property Maintenance

All buildings, uses, and lots, located in the City shall be maintained and operated in a manner to enhance community pride and beautification. No junk, rubbish, weeds, or other unsightly material or conditions shall be permitted on any lot, parcel, right-of-way, or easement, or as part of any building or use.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010

Section 1636 Noxious Weeds

All property owners shall comply with the requirements of the “Utah Noxious Weeds Act,” UCA.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010

Section 1637 Storage Of Abandoned Vehicles, Trash, And Debris Prohibited

No required yard or setback area or other open space area shall be used for the storage or accumulation of any unlicensed, abandoned, wrecked, or junk vehicles, the storage of trash, or debris, the dismantling of vehicles, machinery or equipment.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010

2010-2

2024-12

2023-02