Harrisville City Zoning Code

11.10 Residential

Zone Special Use Regulations

11.10.010 Purpose And Intent

The purpose of this chapter is to identify specific regulations that are required to be met in order for the specific use to be a permitted use in the specific zones where the use is allowed. Compliance with the specific use regulation is in addition to compliance with the general land use regulations governing the zone where the land use is proposed or exists.

HISTORY
Adopted by Ord. 255 on 11/26/1991
Amended by Ord. 390 on 1/22/2008

11.10.020 Special Regulations

Agricultural Accessory Structure. An agricultural accessory structure is a structure designed and used for the raising or storing of produce (vegetables or fruits) raised on the property where the structure is located.
1. The structure may be a permanent or temporary structure and shall comply with the minimum setbacks required for a produce stand if it is the main building on the site. If a dwelling also exists on the property any permanent agricultural accessory structure shall comply with the setback and other regulations of an accessory building.
2. The exterior surface of the structure shall not have a reflective surface that reflects the sun and creates a glare on adjacent properties at any time during the day.
3. The nontransparent exterior surface of a new building shall be of new materials or reuse of old materials whose original purpose was for exterior siding or roofing.
4. The structure or structures if located on a property that has a dwelling on it shall not occupy more than 25% of the area of the lot measured behind the rear of the dwelling.
Commercial crop and fruit production. A permanent or temporary structure used for the selling of produce may be permitted on the same parcel of property where the produce (vegetables or fruit) is raised provided that:
1. A permanent structure shall comply with the minimum setbacks required for a produce stand if it is the main building on the site. If a dwelling also exists on the property any permanent agricultural accessory structure shall comply with the setback and other regulations of an accessory building.
2. A temporary structure may be located in the front yard setback in an A-1 or R-1-20 zoned property provided that it is no larger than 100 square feet and is in place only during the harvest time of the produce being sold.
3. A temporary shade canopy no larger than 100 square feet is permitted in the front yard setback in the RE-15 and R-1-10 zones provided it is in place only during the harvest time of the produce being sold.
Plant Nursery. The raising of annual or perennial plants, shrubs and trees for sale is permitted provided the plants are grown on the property from which they are sold. Greenhouses used for the growing of the plants shall comply with the minimum setback requirements. The sales office for the use may be in a freestanding building if the use is the only use on the property. If a dwelling exists on the property the occupant of the dwelling must also be the owner and operator of the plant nursery in order to be allowed. No more than twenty-five (25%) percent of the home may then be used as the sales office.
Animals for family food production means the following:
1. Animals kept for the use of the owner for the purpose for food or to be sold to others to be used for food are classified into three groups, "large animals" includes cows, bison, llama and pigs; "medium animals" includes sheep, goats, and pot belly pigs; and "small animals" includes rabbits, chickens, geese, ducks, turkeys, pheasants, and a single beehive not exceeding three (3) feet in height counts as one small animal. Pigeon keeping is exclusively governed by the Animal Welfare Act of 2002 and the American Union for Pigeons National Rules and Regulations. For matters involving an animal that is not specifically identified in this part, said animal may be designated as "large", "medium" or "small" by the city's land use authority.
2. For the appropriate applicable setback for structures housing animals and other animal regulations refer to the chapter governing Regulations Applicable to More than One Zone.
3. Points allotted for each type of animals is as follows:
  1. Large animals = 10 points required for each of this type of animal.
  2. Medium Animals = 5 points required for each of this type of animal.
  3. Small Animals = 1 point required for each of this type of animal.
4. Lot size requirements by parcel and zone based upon the points allotted for each type of animal are as follows:
  1. A-1 = 10 points for the first 25,000 square feet of pasture/open space, 1 point for each additional 2,000 square feet up to five (5) acres. The number of animals allowed on parcels over five (5) acres is governed by standards of sound agricultural practice.
  2. R-1-20 = 8 points for the first 20,000 square feet, 1 point for each additional 2,000 square feet up to five (5) acres.
  3. RE-15 = 6 points for the first 15,000 square feet, 1 point for each additional 2,000 square feet up to five (5) acres.
  4. R-1-10 = 4 points for the first 10,000 square feet, 1 point for each additional 3,000 square feet up to five (5) acres.
  5. R-1-6 = 2 points for the first 6,000 square feet, 1 point for each additional 3,000 square feet up to five (5) acres.
5. Special regulations applicable to all animals is as follows:
  1. Owners shall keep animals in such a manner so as to prevent them from reaching onto adjacent property and eating trees and shrubs.
  2. Owners shall take necessary measures to prevent animals from creating obnoxious or offensive odor and noise, or otherwise create a nuisance affecting the buildings or property of others.
  3. Roosters are prohibited in all zones except A-1 and R-1-20 zones.
  4. An animal boarding establishment shall have a minimum of three (3) acres.
6. Owners shall keep animals in structures that:
  1. Allow each adult animal adequate living space.
  2. Store feed in a manner which prevents rodent infestation or harborage.
  3. Maintain animal structures in a clean, sanitary, and orderly condition and kept in good repair.
  4. Maintain animals in a healthy, disease-free condition. Those with communicable diseases shall be properly isolated.
  5. Dispose of dead animals, manure, and all other animal related waste or products as provided by state and local law.
Dairy Farm. A dairy farm which operate for the sole purpose of wholesaling or retail sales of milk is permitted to have ten (10) cows for the first 40,000 square feet of pasture area and one cow for each additional 4,000 square feet of pasture area.
Horse Raising
1. The keeping of horses on a property without a dwelling unit is permitted in the applicable zones at a rate of one horse per 20,000 square feet.
2. Horses that are kept on a property that has a dwelling can only be kept if the dwelling is a single family dwelling and the horses are kept a minimum of 30 feet behind the rear of the dwelling in all zones except in the A-1 zone. In the A-1 zone where the front yard accommodates a minimum 20,000 square feet of pasture area not including 30 feet of front yard space to accommodate landscaping horses may be kept in a fenced area in front of the house. The area required for the number of horses allowed is calculated beginning at a point 30 feet behind the rear of the dwelling. In the A-1 zone the lot area minus 15,000 square feet for the dwelling area is used to calculate the number of horses allowed. The allowed number of horses in all zones where allowed is based on 25,000 square feet for the first horse and 20,000 square feet for each additional horse.
3. The keeping of horses shall be done in such a manner to prevent the horses from reaching onto adjacent property and eating trees and shrubs.
4. Necessary measures shall be exercised to prevent the generation of obnoxious or offensive odor and noise, or otherwise create a nuisance affecting the buildings or property of others.
Churches, places of worship. The landscaped setback for the parking of a church or place of worship is the same setback as the building in the front and side yard facing a street. The rear and side yard setback for the parking may be an eight (8) foot landscaped set back in all residential zones. A six foot tall non-see-through screening fence is required for the parking areas located in the side and rear yards where the parking setback used is eight feet. No screening fence is required if the parking setback is the same as the side and rear yard setback of the main building required in the zone where the building is located The maximum steeple height allowed whether attached to the main building or freestanding is fifty (50') feet.
Accessory swimming pool
1. For the purpose of this provision, an accessory swimming pool is a permanent pool of water of a minimum three foot depth that is kept year round and the walls that contain the water are either below or above grade.
2. Pools shall be located in the rear yard area of a dwelling as anaccessoryuse to the dwelling. The pool shall be a minimum of ten (10') feet from any side or rear property line and meet the building setback for a side facing a street if the pool is located n a corner lot. Pumps, filters, and other mechanical equipment used to operate the pool shall also comply with the minimum setback requirements.
3. Access to the pool from other properties or the front yard of the dwelling is to be restricted by a minimum five foot tall fence which restricts passage of a human through the fence or a combination of building and fence that provides such access restriction.
Home occupation. A home occupation is the use of a portion of a single family dwelling, and/or accessory building, for a business, office, daycare, preschool, personal services such as hair care, common trade, or crafts. The following conditions shall be met in order to obtain a home occupation:
1. Any home occupation with visiting clientele requires a conditional use permit.
2. The employees at a home occupation site are limited to those who reside at the dwelling where the home occupation occurs with the exception of a preschool and deliveries.
3. The dwelling is the primary residence and no more than twenty-five (25%) percent of the floor space of the dwelling is devoted solely to the home occupation, excepting daycare.
4. There is no out door storage of any materials.
5. There is no vehicle or trailer repair or body work of any kind and no parking or placement of vehicles which are being repaired.
6. All work of the home occupation occurs in an enclosed structure.
7. There is no wholesale or retail sales of products, actual product display or warehousing of product directly from the home or accessary building except those items that are created on the property or from a common trade or craft.
8. No offensive noise, vibration, smoke, dust, odor, heat, or glare shall be produced and activities shall not include any activities which create a nuisance or hazard.
9. The home occupation is limited to hours of operation between 7 a.m. and 10 p.m.
10. Daycare is limited to a maximum of eight (8)children at anyone time who do not live in the dwelling between the hours of 6 a.m. and 10 p.m.
11. Preschool in a residence that operates four (4) or less hours per day, per session, up to two (2) sessions per day, and teaches more than nine (9) children, but not more than fourteen (14) children, plus supervisory personnel. The preschool area of the home shall also conform to the applicable standards of any building code.
12. All home occupations shall comply with all acceptable State codes and licensing requirements as well as have a home occupation business license from Harrisville City.
13. All home occupations shall comply with all health building and fire codes and regulations for the particular use on the property.
14. No home occupation, specifically trades and crafts, shall interfere with the predominately residential purpose and uses of the residential zone where a home occupation is to be located.
15. With compliance to Weber Morgan Health Department regulations, the use of a Permanent Makeup Machine (PMU) for use of cosmetics in addition to scar coverings.
16. Notwithstanding the provisions of this section, the following are not considered home occupations requiring a permit or license:
  1. Typical and occasional babysitting.
  2. Neighborhood yard care.
  3. Lemonade stands and similar stands operated by youth.
  4. Newspaper, delivery, and other such services.
  5. Occasional garage or yard sales not to exceed four (4) times per year, per residence.
Residential facility for persons with a disability. This provision is to avoid discrimination in housing against persons with disabilities as provided in state and federal fair housing acts. A residential facility for persons with a disability shall be permitted in any zone where a dwelling unit is a permitted use provided it is consistent with land use regulations of a single family residential dwelling and conforms with the following requirements:
1. The dwelling is occupied on a 24-hour per day basis by persons with a disability in a family-type arrangement and under the 24-hour supervision of resident managers as required to maintain, monitor and serve those persons residing in the facility.
2. The facility is licensed by and conforms to all applicable standards and requirements of the Department of Human Services or the Department of Health and such license is presented to the city prior to occupancy of the facility.
3. No person with a history of violent behavior who constitutes a direct threat to the health or safety of other individuals or which result in substantial physical damage to the property of others shall be placed in a residential facility for persons with a disability.
4. Placement in a residential facility for persons with a disability shall be on a strictly voluntary basis and not a part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional facility.
5. The facility shall meet all building, safety, and health ordinances applicable to similar dwellings.
6. residential facility for persons with a disability that occupies an existing dwelling must do so without structural or landscaping alternations that would change the structure's residential character and make it out of character in design with the other dwellings in the neighborhood.
7. New construction of a building for a residential facility for persons with a disability in a residential zone is required to meet the same land use regulations for single family dwellings regarding setbacks, height, building size, building design and materials, and parking coverage and location. The design shall have the appearance of a single family dwelling in order to not create a fundamental change in the character of the residential neighborhood.
8. A minimum of two off-street parking spaces shall be required per facility
9. No residential facility for persons with a disability which has more than four residents shall be established or maintained within 3/4 mile radius of another residential facility for the disabled or elderly.
10. The use granted and permitted by this subsection is non-transferrable and terminates if the structure is devoted to a use other than as a residential facility for persons with disability or if the structure fails to comply with the ordinances adopted under this subsection, the license or certification issued by the department of Human Services of the department of Health terminates or is revoked, or the facility fails to comply with the regulations of this provision.
11. These facilities must be licensed by the City Business License Department with the original license and any renewals thereof subject to the prior approval and inspection of the Weber County Health Department.
Residential facility for the elderly.
1. Residential facility for elderly persons, proposed within all zoning districts of Harrisville City zoned to permit residential dwellings shall be considered a permitted use by complying with all requirements of this section. The following requirements shall only be considered by the city in considering the application for a residential facility for elderly persons. If it is determined that the following requirements are met, the City shall grant any permits required to establish a residential facility for elderly persons.
2. A residential facility for the elderly:
  1. be owned by one of the residents or by an immediate family member of one of the residents or be a facility for which the title has been placed in trust for a resident;
  2. be consistent with the existing zoning of the desired location including zoning district requirements for minimum area, yards, off street parking. The type of residential dwelling must be a single family dwelling.
  3. be occupied on a 24-hour per day basis by eight or fewer elderly persons in a family type arrangement.
3. The residential facility shall:
  1. meet all applicable building, safety, zoning and health ordinances applicable to similar dwellings;
  2. provide adequate off street parking space;
  3. be capable of use as a residential facility for elderly persons without structural or landscaping alterations that would change the structure's residential character;
  4. not be established within three-quarters mile of other residential facility for elderly persons or residential facility for persons with a disability;
  5. not have any person being treated for alcoholism or drug abuse placed in a residential facility for elderly persons; and
  6. ensure placement in a residential facility for elderly persons is strictly on a voluntary basis and not a part of, or in lieu of, confinement, rehabilitation , or treatment correctional facility.
4. The use granted and permitted by this section is nontransferable and terminates if the structure is devoted to a use other than a residential facility for elderly persons or if the structure fails to comply with applicable health, safety and building codes.
5. DISCRIMINATION PROHIBITED. This ordinance shall prohibit discrimination against elderly persons and against residential facilities for elderly persons. All applications for a permit to establish a residential facility for elderly persons must be based on legitimate land use criteria and may not be based on the age of the facility's residents. The requirements of this section that a residential facility for the elderly persons obtain a conditional use permit or other permit do not apply if the facility meets the requirements of existing zoning ordinances that allow a specified number of unrelated persons to live together.
Single family rowhouse dwelling. Single family rowhouse dwelling is more than two single family dwellings which are attached on at least one side of the structure to another single family dwelling. A single family rowhouse shall comply with the following requirements:
1. The side property lines of lot runs along the side wall of the dwelling and each lot is required to be a minimum of 4,000 square feet.
2. The front yard and sideyard facing a corner setback shall meet the required setback of the zone in which the dwellings are located but there is no required interior property line sideyard setback.
3. A two car garage, of a minimum of twenty four feet in width is required for each unit and shall be located at the rear of the lot and accessed by a twenty four (24) foot wide rear alley which serves the garages of the rowhomes.
4. There shall be a minimum thirty (30) foot separation between the rear of the dwelling and the garage in order to provide a private outdoor living space for the unit.
5. The minimum total floor area of the unit shall be sixteen hundred 1,600 square feet.
Two family dwelling. The following requirements shall be met in order to have two dwelling units in one building on one lot:
1. The minimum lot area requirement is 10,000 square feet.
2. Parking shall be located only in a two car garage for each unit. The garage doors shall be located on the side of the dwelling, typically referred to as a side loaded garage.
3. Minimum dwelling unit size shall be 1,200 square feet per unit.
4. Four, two inch caliper trees are required to be installed as part of the landscaping required for the property. All landscaping of the site is required to be in place before occupancy of the building is allowed.
5. A minimum of sixty (60%) percent of the total exterior wall surface of the structure shall be brick.
Public utility substation. Public utility substations shall be located on legal lots of the respective zone in which they are located. The lot area may be reduced to a minimum of 3,000 square feet by the Planning Commission when the facility is a small switching station or other control device and the facility is enclosed on all four sides by a residential appearing structure with exterior surface materials similar to the homes it is adjacent to. On these reduced lot area facilities the setback shall be the same as the front yard setback and side facing a corner setback of the zone in which it is located but the side and rear setback is a minimum of five (5') feet.
Telecommunication towers. The approval of any telecommunication towers shall require the tower to be designed to and require acceptance of co-location of service providers. The antenna array shall be as compact to the pole as possible if a pole is required. Attachment of the antenna to existing structures such as smoke stacks, steeples or existing poles is the first consideration in considering telecommunication tower placement.
Television or satellite dish. Television or satellite dish antennas between four and twelve feet in diameter are subject to the following requirements. Dishes smaller than four feet in diameter are exempt from these provisions and no dishes larger than twelve feet in diameter are allowed.
1. Dishes shall only be located in the rear yard of a lot If a signal is not obtainable from the rear yard location then an exception granted by the Board of Adjustments may be petitioned for a location where a signal is obtainable. The Board shall consider a location that has the least visible impact on the neighborhood and yet has an obtainable signal.
2. No portion of the dish shall be closer than five feet to any side or rear property line of the lot.
3. The maximum height from the ground to the top of a dish is fifteen feet, unless granted an exception according to the conditions listed in 18.A.
4. All dishes shall be erected in a secure and wind resistant manner. Every antenna and dish shall be appropriately grounded for protection from lightening strike.

HISTORY
Adopted by Ord. 255 on 11/26/1991
Amended by Ord. 280 on 3/28/1995
Amended by Ord. 282 on 7/25/1995
Amended by Ord. 324 on 10/13/1998
Amended by Ord. 390 on 1/22/2008
Amended by Ord. 422 on 8/10/2010
Amended by Ord. 428 on 8/28/2010
Amended by Ord. 467 on 7/22/2014
Amended by Ord. 481 on 9/27/2016
Amended by Ord. 491 on 4/25/2017
Amended by Ord. 505 on 12/10/2019
Amended by Ord. 542 Use of (PMU) on 9/12/2023

255

390

280

282

324

422

428

467

481

491

505

542

Harrisville City Zoning Code

11.10 Residential

Zone Special Use Regulations

11.10.010 Purpose And Intent

HISTORY
Adopted by Ord. 255 on 11/26/1991
Amended by Ord. 390 on 1/22/2008

11.10.020 Special Regulations

Agricultural Accessory Structure. An agricultural accessory structure is a structure designed and used for the raising or storing of produce (vegetables or fruits) raised on the property where the structure is located.
1. The structure may be a permanent or temporary structure and shall comply with the minimum setbacks required for a produce stand if it is the main building on the site. If a dwelling also exists on the property any permanent agricultural accessory structure shall comply with the setback and other regulations of an accessory building.
2. The exterior surface of the structure shall not have a reflective surface that reflects the sun and creates a glare on adjacent properties at any time during the day.
3. The nontransparent exterior surface of a new building shall be of new materials or reuse of old materials whose original purpose was for exterior siding or roofing.
4. The structure or structures if located on a property that has a dwelling on it shall not occupy more than 25% of the area of the lot measured behind the rear of the dwelling.
Commercial crop and fruit production. A permanent or temporary structure used for the selling of produce may be permitted on the same parcel of property where the produce (vegetables or fruit) is raised provided that:
1. A permanent structure shall comply with the minimum setbacks required for a produce stand if it is the main building on the site. If a dwelling also exists on the property any permanent agricultural accessory structure shall comply with the setback and other regulations of an accessory building.
2. A temporary structure may be located in the front yard setback in an A-1 or R-1-20 zoned property provided that it is no larger than 100 square feet and is in place only during the harvest time of the produce being sold.
3. A temporary shade canopy no larger than 100 square feet is permitted in the front yard setback in the RE-15 and R-1-10 zones provided it is in place only during the harvest time of the produce being sold.
Plant Nursery. The raising of annual or perennial plants, shrubs and trees for sale is permitted provided the plants are grown on the property from which they are sold. Greenhouses used for the growing of the plants shall comply with the minimum setback requirements. The sales office for the use may be in a freestanding building if the use is the only use on the property. If a dwelling exists on the property the occupant of the dwelling must also be the owner and operator of the plant nursery in order to be allowed. No more than twenty-five (25%) percent of the home may then be used as the sales office.
Animals for family food production means the following:
1. Animals kept for the use of the owner for the purpose for food or to be sold to others to be used for food are classified into three groups, "large animals" includes cows, bison, llama and pigs; "medium animals" includes sheep, goats, and pot belly pigs; and "small animals" includes rabbits, chickens, geese, ducks, turkeys, pheasants, and a single beehive not exceeding three (3) feet in height counts as one small animal. Pigeon keeping is exclusively governed by the Animal Welfare Act of 2002 and the American Union for Pigeons National Rules and Regulations. For matters involving an animal that is not specifically identified in this part, said animal may be designated as "large", "medium" or "small" by the city's land use authority.
2. For the appropriate applicable setback for structures housing animals and other animal regulations refer to the chapter governing Regulations Applicable to More than One Zone.
3. Points allotted for each type of animals is as follows:
  1. Large animals = 10 points required for each of this type of animal.
  2. Medium Animals = 5 points required for each of this type of animal.
  3. Small Animals = 1 point required for each of this type of animal.
4. Lot size requirements by parcel and zone based upon the points allotted for each type of animal are as follows:
  1. A-1 = 10 points for the first 25,000 square feet of pasture/open space, 1 point for each additional 2,000 square feet up to five (5) acres. The number of animals allowed on parcels over five (5) acres is governed by standards of sound agricultural practice.
  2. R-1-20 = 8 points for the first 20,000 square feet, 1 point for each additional 2,000 square feet up to five (5) acres.
  3. RE-15 = 6 points for the first 15,000 square feet, 1 point for each additional 2,000 square feet up to five (5) acres.
  4. R-1-10 = 4 points for the first 10,000 square feet, 1 point for each additional 3,000 square feet up to five (5) acres.
  5. R-1-6 = 2 points for the first 6,000 square feet, 1 point for each additional 3,000 square feet up to five (5) acres.
5. Special regulations applicable to all animals is as follows:
  1. Owners shall keep animals in such a manner so as to prevent them from reaching onto adjacent property and eating trees and shrubs.
  2. Owners shall take necessary measures to prevent animals from creating obnoxious or offensive odor and noise, or otherwise create a nuisance affecting the buildings or property of others.
  3. Roosters are prohibited in all zones except A-1 and R-1-20 zones.
  4. An animal boarding establishment shall have a minimum of three (3) acres.
6. Owners shall keep animals in structures that:
  1. Allow each adult animal adequate living space.
  2. Store feed in a manner which prevents rodent infestation or harborage.
  3. Maintain animal structures in a clean, sanitary, and orderly condition and kept in good repair.
  4. Maintain animals in a healthy, disease-free condition. Those with communicable diseases shall be properly isolated.
  5. Dispose of dead animals, manure, and all other animal related waste or products as provided by state and local law.
Dairy Farm. A dairy farm which operate for the sole purpose of wholesaling or retail sales of milk is permitted to have ten (10) cows for the first 40,000 square feet of pasture area and one cow for each additional 4,000 square feet of pasture area.
Horse Raising
1. The keeping of horses on a property without a dwelling unit is permitted in the applicable zones at a rate of one horse per 20,000 square feet.
2. Horses that are kept on a property that has a dwelling can only be kept if the dwelling is a single family dwelling and the horses are kept a minimum of 30 feet behind the rear of the dwelling in all zones except in the A-1 zone. In the A-1 zone where the front yard accommodates a minimum 20,000 square feet of pasture area not including 30 feet of front yard space to accommodate landscaping horses may be kept in a fenced area in front of the house. The area required for the number of horses allowed is calculated beginning at a point 30 feet behind the rear of the dwelling. In the A-1 zone the lot area minus 15,000 square feet for the dwelling area is used to calculate the number of horses allowed. The allowed number of horses in all zones where allowed is based on 25,000 square feet for the first horse and 20,000 square feet for each additional horse.
3. The keeping of horses shall be done in such a manner to prevent the horses from reaching onto adjacent property and eating trees and shrubs.
4. Necessary measures shall be exercised to prevent the generation of obnoxious or offensive odor and noise, or otherwise create a nuisance affecting the buildings or property of others.
Churches, places of worship. The landscaped setback for the parking of a church or place of worship is the same setback as the building in the front and side yard facing a street. The rear and side yard setback for the parking may be an eight (8) foot landscaped set back in all residential zones. A six foot tall non-see-through screening fence is required for the parking areas located in the side and rear yards where the parking setback used is eight feet. No screening fence is required if the parking setback is the same as the side and rear yard setback of the main building required in the zone where the building is located The maximum steeple height allowed whether attached to the main building or freestanding is fifty (50') feet.
Accessory swimming pool
1. For the purpose of this provision, an accessory swimming pool is a permanent pool of water of a minimum three foot depth that is kept year round and the walls that contain the water are either below or above grade.
2. Pools shall be located in the rear yard area of a dwelling as anaccessoryuse to the dwelling. The pool shall be a minimum of ten (10') feet from any side or rear property line and meet the building setback for a side facing a street if the pool is located n a corner lot. Pumps, filters, and other mechanical equipment used to operate the pool shall also comply with the minimum setback requirements.
3. Access to the pool from other properties or the front yard of the dwelling is to be restricted by a minimum five foot tall fence which restricts passage of a human through the fence or a combination of building and fence that provides such access restriction.
Home occupation. A home occupation is the use of a portion of a single family dwelling, and/or accessory building, for a business, office, daycare, preschool, personal services such as hair care, common trade, or crafts. The following conditions shall be met in order to obtain a home occupation:
1. Any home occupation with visiting clientele requires a conditional use permit.
2. The employees at a home occupation site are limited to those who reside at the dwelling where the home occupation occurs with the exception of a preschool and deliveries.
3. The dwelling is the primary residence and no more than twenty-five (25%) percent of the floor space of the dwelling is devoted solely to the home occupation, excepting daycare.
4. There is no out door storage of any materials.
5. There is no vehicle or trailer repair or body work of any kind and no parking or placement of vehicles which are being repaired.
6. All work of the home occupation occurs in an enclosed structure.
7. There is no wholesale or retail sales of products, actual product display or warehousing of product directly from the home or accessary building except those items that are created on the property or from a common trade or craft.
8. No offensive noise, vibration, smoke, dust, odor, heat, or glare shall be produced and activities shall not include any activities which create a nuisance or hazard.
9. The home occupation is limited to hours of operation between 7 a.m. and 10 p.m.
10. Daycare is limited to a maximum of eight (8)children at anyone time who do not live in the dwelling between the hours of 6 a.m. and 10 p.m.
11. Preschool in a residence that operates four (4) or less hours per day, per session, up to two (2) sessions per day, and teaches more than nine (9) children, but not more than fourteen (14) children, plus supervisory personnel. The preschool area of the home shall also conform to the applicable standards of any building code.
12. All home occupations shall comply with all acceptable State codes and licensing requirements as well as have a home occupation business license from Harrisville City.
13. All home occupations shall comply with all health building and fire codes and regulations for the particular use on the property.
14. No home occupation, specifically trades and crafts, shall interfere with the predominately residential purpose and uses of the residential zone where a home occupation is to be located.
15. With compliance to Weber Morgan Health Department regulations, the use of a Permanent Makeup Machine (PMU) for use of cosmetics in addition to scar coverings.
16. Notwithstanding the provisions of this section, the following are not considered home occupations requiring a permit or license:
  1. Typical and occasional babysitting.
  2. Neighborhood yard care.
  3. Lemonade stands and similar stands operated by youth.
  4. Newspaper, delivery, and other such services.
  5. Occasional garage or yard sales not to exceed four (4) times per year, per residence.
Residential facility for persons with a disability. This provision is to avoid discrimination in housing against persons with disabilities as provided in state and federal fair housing acts. A residential facility for persons with a disability shall be permitted in any zone where a dwelling unit is a permitted use provided it is consistent with land use regulations of a single family residential dwelling and conforms with the following requirements:
1. The dwelling is occupied on a 24-hour per day basis by persons with a disability in a family-type arrangement and under the 24-hour supervision of resident managers as required to maintain, monitor and serve those persons residing in the facility.
2. The facility is licensed by and conforms to all applicable standards and requirements of the Department of Human Services or the Department of Health and such license is presented to the city prior to occupancy of the facility.
3. No person with a history of violent behavior who constitutes a direct threat to the health or safety of other individuals or which result in substantial physical damage to the property of others shall be placed in a residential facility for persons with a disability.
4. Placement in a residential facility for persons with a disability shall be on a strictly voluntary basis and not a part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional facility.
5. The facility shall meet all building, safety, and health ordinances applicable to similar dwellings.
6. residential facility for persons with a disability that occupies an existing dwelling must do so without structural or landscaping alternations that would change the structure's residential character and make it out of character in design with the other dwellings in the neighborhood.
7. New construction of a building for a residential facility for persons with a disability in a residential zone is required to meet the same land use regulations for single family dwellings regarding setbacks, height, building size, building design and materials, and parking coverage and location. The design shall have the appearance of a single family dwelling in order to not create a fundamental change in the character of the residential neighborhood.
8. A minimum of two off-street parking spaces shall be required per facility
9. No residential facility for persons with a disability which has more than four residents shall be established or maintained within 3/4 mile radius of another residential facility for the disabled or elderly.
10. The use granted and permitted by this subsection is non-transferrable and terminates if the structure is devoted to a use other than as a residential facility for persons with disability or if the structure fails to comply with the ordinances adopted under this subsection, the license or certification issued by the department of Human Services of the department of Health terminates or is revoked, or the facility fails to comply with the regulations of this provision.
11. These facilities must be licensed by the City Business License Department with the original license and any renewals thereof subject to the prior approval and inspection of the Weber County Health Department.
Residential facility for the elderly.
1. Residential facility for elderly persons, proposed within all zoning districts of Harrisville City zoned to permit residential dwellings shall be considered a permitted use by complying with all requirements of this section. The following requirements shall only be considered by the city in considering the application for a residential facility for elderly persons. If it is determined that the following requirements are met, the City shall grant any permits required to establish a residential facility for elderly persons.
2. A residential facility for the elderly:
  1. be owned by one of the residents or by an immediate family member of one of the residents or be a facility for which the title has been placed in trust for a resident;
  2. be consistent with the existing zoning of the desired location including zoning district requirements for minimum area, yards, off street parking. The type of residential dwelling must be a single family dwelling.
  3. be occupied on a 24-hour per day basis by eight or fewer elderly persons in a family type arrangement.
3. The residential facility shall:
  1. meet all applicable building, safety, zoning and health ordinances applicable to similar dwellings;
  2. provide adequate off street parking space;
  3. be capable of use as a residential facility for elderly persons without structural or landscaping alterations that would change the structure's residential character;
  4. not be established within three-quarters mile of other residential facility for elderly persons or residential facility for persons with a disability;
  5. not have any person being treated for alcoholism or drug abuse placed in a residential facility for elderly persons; and
  6. ensure placement in a residential facility for elderly persons is strictly on a voluntary basis and not a part of, or in lieu of, confinement, rehabilitation , or treatment correctional facility.
4. The use granted and permitted by this section is nontransferable and terminates if the structure is devoted to a use other than a residential facility for elderly persons or if the structure fails to comply with applicable health, safety and building codes.
5. DISCRIMINATION PROHIBITED. This ordinance shall prohibit discrimination against elderly persons and against residential facilities for elderly persons. All applications for a permit to establish a residential facility for elderly persons must be based on legitimate land use criteria and may not be based on the age of the facility's residents. The requirements of this section that a residential facility for the elderly persons obtain a conditional use permit or other permit do not apply if the facility meets the requirements of existing zoning ordinances that allow a specified number of unrelated persons to live together.
Single family rowhouse dwelling. Single family rowhouse dwelling is more than two single family dwellings which are attached on at least one side of the structure to another single family dwelling. A single family rowhouse shall comply with the following requirements:
1. The side property lines of lot runs along the side wall of the dwelling and each lot is required to be a minimum of 4,000 square feet.
2. The front yard and sideyard facing a corner setback shall meet the required setback of the zone in which the dwellings are located but there is no required interior property line sideyard setback.
3. A two car garage, of a minimum of twenty four feet in width is required for each unit and shall be located at the rear of the lot and accessed by a twenty four (24) foot wide rear alley which serves the garages of the rowhomes.
4. There shall be a minimum thirty (30) foot separation between the rear of the dwelling and the garage in order to provide a private outdoor living space for the unit.
5. The minimum total floor area of the unit shall be sixteen hundred 1,600 square feet.
Two family dwelling. The following requirements shall be met in order to have two dwelling units in one building on one lot:
1. The minimum lot area requirement is 10,000 square feet.
2. Parking shall be located only in a two car garage for each unit. The garage doors shall be located on the side of the dwelling, typically referred to as a side loaded garage.
3. Minimum dwelling unit size shall be 1,200 square feet per unit.
4. Four, two inch caliper trees are required to be installed as part of the landscaping required for the property. All landscaping of the site is required to be in place before occupancy of the building is allowed.
5. A minimum of sixty (60%) percent of the total exterior wall surface of the structure shall be brick.
Public utility substation. Public utility substations shall be located on legal lots of the respective zone in which they are located. The lot area may be reduced to a minimum of 3,000 square feet by the Planning Commission when the facility is a small switching station or other control device and the facility is enclosed on all four sides by a residential appearing structure with exterior surface materials similar to the homes it is adjacent to. On these reduced lot area facilities the setback shall be the same as the front yard setback and side facing a corner setback of the zone in which it is located but the side and rear setback is a minimum of five (5') feet.
Telecommunication towers. The approval of any telecommunication towers shall require the tower to be designed to and require acceptance of co-location of service providers. The antenna array shall be as compact to the pole as possible if a pole is required. Attachment of the antenna to existing structures such as smoke stacks, steeples or existing poles is the first consideration in considering telecommunication tower placement.
Television or satellite dish. Television or satellite dish antennas between four and twelve feet in diameter are subject to the following requirements. Dishes smaller than four feet in diameter are exempt from these provisions and no dishes larger than twelve feet in diameter are allowed.
1. Dishes shall only be located in the rear yard of a lot If a signal is not obtainable from the rear yard location then an exception granted by the Board of Adjustments may be petitioned for a location where a signal is obtainable. The Board shall consider a location that has the least visible impact on the neighborhood and yet has an obtainable signal.
2. No portion of the dish shall be closer than five feet to any side or rear property line of the lot.
3. The maximum height from the ground to the top of a dish is fifteen feet, unless granted an exception according to the conditions listed in 18.A.
4. All dishes shall be erected in a secure and wind resistant manner. Every antenna and dish shall be appropriately grounded for protection from lightening strike.

255

390

280

282

324

422

428

467

481

491

505

542

Harrisville City Zoning Code

11.10 Residential

Zone Special Use Regulations

11.10.010 Purpose And Intent

HISTORY
Adopted by Ord. 255 on 11/26/1991
Amended by Ord. 390 on 1/22/2008

11.10.020 Special Regulations

Agricultural Accessory Structure. An agricultural accessory structure is a structure designed and used for the raising or storing of produce (vegetables or fruits) raised on the property where the structure is located.
1. The structure may be a permanent or temporary structure and shall comply with the minimum setbacks required for a produce stand if it is the main building on the site. If a dwelling also exists on the property any permanent agricultural accessory structure shall comply with the setback and other regulations of an accessory building.
2. The exterior surface of the structure shall not have a reflective surface that reflects the sun and creates a glare on adjacent properties at any time during the day.
3. The nontransparent exterior surface of a new building shall be of new materials or reuse of old materials whose original purpose was for exterior siding or roofing.
4. The structure or structures if located on a property that has a dwelling on it shall not occupy more than 25% of the area of the lot measured behind the rear of the dwelling.
Commercial crop and fruit production. A permanent or temporary structure used for the selling of produce may be permitted on the same parcel of property where the produce (vegetables or fruit) is raised provided that:
1. A permanent structure shall comply with the minimum setbacks required for a produce stand if it is the main building on the site. If a dwelling also exists on the property any permanent agricultural accessory structure shall comply with the setback and other regulations of an accessory building.
2. A temporary structure may be located in the front yard setback in an A-1 or R-1-20 zoned property provided that it is no larger than 100 square feet and is in place only during the harvest time of the produce being sold.
3. A temporary shade canopy no larger than 100 square feet is permitted in the front yard setback in the RE-15 and R-1-10 zones provided it is in place only during the harvest time of the produce being sold.
Plant Nursery. The raising of annual or perennial plants, shrubs and trees for sale is permitted provided the plants are grown on the property from which they are sold. Greenhouses used for the growing of the plants shall comply with the minimum setback requirements. The sales office for the use may be in a freestanding building if the use is the only use on the property. If a dwelling exists on the property the occupant of the dwelling must also be the owner and operator of the plant nursery in order to be allowed. No more than twenty-five (25%) percent of the home may then be used as the sales office.
Animals for family food production means the following:
1. Animals kept for the use of the owner for the purpose for food or to be sold to others to be used for food are classified into three groups, "large animals" includes cows, bison, llama and pigs; "medium animals" includes sheep, goats, and pot belly pigs; and "small animals" includes rabbits, chickens, geese, ducks, turkeys, pheasants, and a single beehive not exceeding three (3) feet in height counts as one small animal. Pigeon keeping is exclusively governed by the Animal Welfare Act of 2002 and the American Union for Pigeons National Rules and Regulations. For matters involving an animal that is not specifically identified in this part, said animal may be designated as "large", "medium" or "small" by the city's land use authority.
2. For the appropriate applicable setback for structures housing animals and other animal regulations refer to the chapter governing Regulations Applicable to More than One Zone.
3. Points allotted for each type of animals is as follows:
  1. Large animals = 10 points required for each of this type of animal.
  2. Medium Animals = 5 points required for each of this type of animal.
  3. Small Animals = 1 point required for each of this type of animal.
4. Lot size requirements by parcel and zone based upon the points allotted for each type of animal are as follows:
  1. A-1 = 10 points for the first 25,000 square feet of pasture/open space, 1 point for each additional 2,000 square feet up to five (5) acres. The number of animals allowed on parcels over five (5) acres is governed by standards of sound agricultural practice.
  2. R-1-20 = 8 points for the first 20,000 square feet, 1 point for each additional 2,000 square feet up to five (5) acres.
  3. RE-15 = 6 points for the first 15,000 square feet, 1 point for each additional 2,000 square feet up to five (5) acres.
  4. R-1-10 = 4 points for the first 10,000 square feet, 1 point for each additional 3,000 square feet up to five (5) acres.
  5. R-1-6 = 2 points for the first 6,000 square feet, 1 point for each additional 3,000 square feet up to five (5) acres.
5. Special regulations applicable to all animals is as follows:
  1. Owners shall keep animals in such a manner so as to prevent them from reaching onto adjacent property and eating trees and shrubs.
  2. Owners shall take necessary measures to prevent animals from creating obnoxious or offensive odor and noise, or otherwise create a nuisance affecting the buildings or property of others.
  3. Roosters are prohibited in all zones except A-1 and R-1-20 zones.
  4. An animal boarding establishment shall have a minimum of three (3) acres.
6. Owners shall keep animals in structures that:
  1. Allow each adult animal adequate living space.
  2. Store feed in a manner which prevents rodent infestation or harborage.
  3. Maintain animal structures in a clean, sanitary, and orderly condition and kept in good repair.
  4. Maintain animals in a healthy, disease-free condition. Those with communicable diseases shall be properly isolated.
  5. Dispose of dead animals, manure, and all other animal related waste or products as provided by state and local law.
Dairy Farm. A dairy farm which operate for the sole purpose of wholesaling or retail sales of milk is permitted to have ten (10) cows for the first 40,000 square feet of pasture area and one cow for each additional 4,000 square feet of pasture area.
Horse Raising
1. The keeping of horses on a property without a dwelling unit is permitted in the applicable zones at a rate of one horse per 20,000 square feet.
2. Horses that are kept on a property that has a dwelling can only be kept if the dwelling is a single family dwelling and the horses are kept a minimum of 30 feet behind the rear of the dwelling in all zones except in the A-1 zone. In the A-1 zone where the front yard accommodates a minimum 20,000 square feet of pasture area not including 30 feet of front yard space to accommodate landscaping horses may be kept in a fenced area in front of the house. The area required for the number of horses allowed is calculated beginning at a point 30 feet behind the rear of the dwelling. In the A-1 zone the lot area minus 15,000 square feet for the dwelling area is used to calculate the number of horses allowed. The allowed number of horses in all zones where allowed is based on 25,000 square feet for the first horse and 20,000 square feet for each additional horse.
3. The keeping of horses shall be done in such a manner to prevent the horses from reaching onto adjacent property and eating trees and shrubs.
4. Necessary measures shall be exercised to prevent the generation of obnoxious or offensive odor and noise, or otherwise create a nuisance affecting the buildings or property of others.
Churches, places of worship. The landscaped setback for the parking of a church or place of worship is the same setback as the building in the front and side yard facing a street. The rear and side yard setback for the parking may be an eight (8) foot landscaped set back in all residential zones. A six foot tall non-see-through screening fence is required for the parking areas located in the side and rear yards where the parking setback used is eight feet. No screening fence is required if the parking setback is the same as the side and rear yard setback of the main building required in the zone where the building is located The maximum steeple height allowed whether attached to the main building or freestanding is fifty (50') feet.
Accessory swimming pool
1. For the purpose of this provision, an accessory swimming pool is a permanent pool of water of a minimum three foot depth that is kept year round and the walls that contain the water are either below or above grade.
2. Pools shall be located in the rear yard area of a dwelling as anaccessoryuse to the dwelling. The pool shall be a minimum of ten (10') feet from any side or rear property line and meet the building setback for a side facing a street if the pool is located n a corner lot. Pumps, filters, and other mechanical equipment used to operate the pool shall also comply with the minimum setback requirements.
3. Access to the pool from other properties or the front yard of the dwelling is to be restricted by a minimum five foot tall fence which restricts passage of a human through the fence or a combination of building and fence that provides such access restriction.
Home occupation. A home occupation is the use of a portion of a single family dwelling, and/or accessory building, for a business, office, daycare, preschool, personal services such as hair care, common trade, or crafts. The following conditions shall be met in order to obtain a home occupation:
1. Any home occupation with visiting clientele requires a conditional use permit.
2. The employees at a home occupation site are limited to those who reside at the dwelling where the home occupation occurs with the exception of a preschool and deliveries.
3. The dwelling is the primary residence and no more than twenty-five (25%) percent of the floor space of the dwelling is devoted solely to the home occupation, excepting daycare.
4. There is no out door storage of any materials.
5. There is no vehicle or trailer repair or body work of any kind and no parking or placement of vehicles which are being repaired.
6. All work of the home occupation occurs in an enclosed structure.
7. There is no wholesale or retail sales of products, actual product display or warehousing of product directly from the home or accessary building except those items that are created on the property or from a common trade or craft.
8. No offensive noise, vibration, smoke, dust, odor, heat, or glare shall be produced and activities shall not include any activities which create a nuisance or hazard.
9. The home occupation is limited to hours of operation between 7 a.m. and 10 p.m.
10. Daycare is limited to a maximum of eight (8)children at anyone time who do not live in the dwelling between the hours of 6 a.m. and 10 p.m.
11. Preschool in a residence that operates four (4) or less hours per day, per session, up to two (2) sessions per day, and teaches more than nine (9) children, but not more than fourteen (14) children, plus supervisory personnel. The preschool area of the home shall also conform to the applicable standards of any building code.
12. All home occupations shall comply with all acceptable State codes and licensing requirements as well as have a home occupation business license from Harrisville City.
13. All home occupations shall comply with all health building and fire codes and regulations for the particular use on the property.
14. No home occupation, specifically trades and crafts, shall interfere with the predominately residential purpose and uses of the residential zone where a home occupation is to be located.
15. With compliance to Weber Morgan Health Department regulations, the use of a Permanent Makeup Machine (PMU) for use of cosmetics in addition to scar coverings.
16. Notwithstanding the provisions of this section, the following are not considered home occupations requiring a permit or license:
  1. Typical and occasional babysitting.
  2. Neighborhood yard care.
  3. Lemonade stands and similar stands operated by youth.
  4. Newspaper, delivery, and other such services.
  5. Occasional garage or yard sales not to exceed four (4) times per year, per residence.
Residential facility for persons with a disability. This provision is to avoid discrimination in housing against persons with disabilities as provided in state and federal fair housing acts. A residential facility for persons with a disability shall be permitted in any zone where a dwelling unit is a permitted use provided it is consistent with land use regulations of a single family residential dwelling and conforms with the following requirements:
1. The dwelling is occupied on a 24-hour per day basis by persons with a disability in a family-type arrangement and under the 24-hour supervision of resident managers as required to maintain, monitor and serve those persons residing in the facility.
2. The facility is licensed by and conforms to all applicable standards and requirements of the Department of Human Services or the Department of Health and such license is presented to the city prior to occupancy of the facility.
3. No person with a history of violent behavior who constitutes a direct threat to the health or safety of other individuals or which result in substantial physical damage to the property of others shall be placed in a residential facility for persons with a disability.
4. Placement in a residential facility for persons with a disability shall be on a strictly voluntary basis and not a part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional facility.
5. The facility shall meet all building, safety, and health ordinances applicable to similar dwellings.
6. residential facility for persons with a disability that occupies an existing dwelling must do so without structural or landscaping alternations that would change the structure's residential character and make it out of character in design with the other dwellings in the neighborhood.
7. New construction of a building for a residential facility for persons with a disability in a residential zone is required to meet the same land use regulations for single family dwellings regarding setbacks, height, building size, building design and materials, and parking coverage and location. The design shall have the appearance of a single family dwelling in order to not create a fundamental change in the character of the residential neighborhood.
8. A minimum of two off-street parking spaces shall be required per facility
9. No residential facility for persons with a disability which has more than four residents shall be established or maintained within 3/4 mile radius of another residential facility for the disabled or elderly.
10. The use granted and permitted by this subsection is non-transferrable and terminates if the structure is devoted to a use other than as a residential facility for persons with disability or if the structure fails to comply with the ordinances adopted under this subsection, the license or certification issued by the department of Human Services of the department of Health terminates or is revoked, or the facility fails to comply with the regulations of this provision.
11. These facilities must be licensed by the City Business License Department with the original license and any renewals thereof subject to the prior approval and inspection of the Weber County Health Department.
Residential facility for the elderly.
1. Residential facility for elderly persons, proposed within all zoning districts of Harrisville City zoned to permit residential dwellings shall be considered a permitted use by complying with all requirements of this section. The following requirements shall only be considered by the city in considering the application for a residential facility for elderly persons. If it is determined that the following requirements are met, the City shall grant any permits required to establish a residential facility for elderly persons.
2. A residential facility for the elderly:
  1. be owned by one of the residents or by an immediate family member of one of the residents or be a facility for which the title has been placed in trust for a resident;
  2. be consistent with the existing zoning of the desired location including zoning district requirements for minimum area, yards, off street parking. The type of residential dwelling must be a single family dwelling.
  3. be occupied on a 24-hour per day basis by eight or fewer elderly persons in a family type arrangement.
3. The residential facility shall:
  1. meet all applicable building, safety, zoning and health ordinances applicable to similar dwellings;
  2. provide adequate off street parking space;
  3. be capable of use as a residential facility for elderly persons without structural or landscaping alterations that would change the structure's residential character;
  4. not be established within three-quarters mile of other residential facility for elderly persons or residential facility for persons with a disability;
  5. not have any person being treated for alcoholism or drug abuse placed in a residential facility for elderly persons; and
  6. ensure placement in a residential facility for elderly persons is strictly on a voluntary basis and not a part of, or in lieu of, confinement, rehabilitation , or treatment correctional facility.
4. The use granted and permitted by this section is nontransferable and terminates if the structure is devoted to a use other than a residential facility for elderly persons or if the structure fails to comply with applicable health, safety and building codes.
5. DISCRIMINATION PROHIBITED. This ordinance shall prohibit discrimination against elderly persons and against residential facilities for elderly persons. All applications for a permit to establish a residential facility for elderly persons must be based on legitimate land use criteria and may not be based on the age of the facility's residents. The requirements of this section that a residential facility for the elderly persons obtain a conditional use permit or other permit do not apply if the facility meets the requirements of existing zoning ordinances that allow a specified number of unrelated persons to live together.
Single family rowhouse dwelling. Single family rowhouse dwelling is more than two single family dwellings which are attached on at least one side of the structure to another single family dwelling. A single family rowhouse shall comply with the following requirements:
1. The side property lines of lot runs along the side wall of the dwelling and each lot is required to be a minimum of 4,000 square feet.
2. The front yard and sideyard facing a corner setback shall meet the required setback of the zone in which the dwellings are located but there is no required interior property line sideyard setback.
3. A two car garage, of a minimum of twenty four feet in width is required for each unit and shall be located at the rear of the lot and accessed by a twenty four (24) foot wide rear alley which serves the garages of the rowhomes.
4. There shall be a minimum thirty (30) foot separation between the rear of the dwelling and the garage in order to provide a private outdoor living space for the unit.
5. The minimum total floor area of the unit shall be sixteen hundred 1,600 square feet.
Two family dwelling. The following requirements shall be met in order to have two dwelling units in one building on one lot:
1. The minimum lot area requirement is 10,000 square feet.
2. Parking shall be located only in a two car garage for each unit. The garage doors shall be located on the side of the dwelling, typically referred to as a side loaded garage.
3. Minimum dwelling unit size shall be 1,200 square feet per unit.
4. Four, two inch caliper trees are required to be installed as part of the landscaping required for the property. All landscaping of the site is required to be in place before occupancy of the building is allowed.
5. A minimum of sixty (60%) percent of the total exterior wall surface of the structure shall be brick.
Public utility substation. Public utility substations shall be located on legal lots of the respective zone in which they are located. The lot area may be reduced to a minimum of 3,000 square feet by the Planning Commission when the facility is a small switching station or other control device and the facility is enclosed on all four sides by a residential appearing structure with exterior surface materials similar to the homes it is adjacent to. On these reduced lot area facilities the setback shall be the same as the front yard setback and side facing a corner setback of the zone in which it is located but the side and rear setback is a minimum of five (5') feet.
Telecommunication towers. The approval of any telecommunication towers shall require the tower to be designed to and require acceptance of co-location of service providers. The antenna array shall be as compact to the pole as possible if a pole is required. Attachment of the antenna to existing structures such as smoke stacks, steeples or existing poles is the first consideration in considering telecommunication tower placement.
Television or satellite dish. Television or satellite dish antennas between four and twelve feet in diameter are subject to the following requirements. Dishes smaller than four feet in diameter are exempt from these provisions and no dishes larger than twelve feet in diameter are allowed.
1. Dishes shall only be located in the rear yard of a lot If a signal is not obtainable from the rear yard location then an exception granted by the Board of Adjustments may be petitioned for a location where a signal is obtainable. The Board shall consider a location that has the least visible impact on the neighborhood and yet has an obtainable signal.
2. No portion of the dish shall be closer than five feet to any side or rear property line of the lot.
3. The maximum height from the ground to the top of a dish is fifteen feet, unless granted an exception according to the conditions listed in 18.A.
4. All dishes shall be erected in a secure and wind resistant manner. Every antenna and dish shall be appropriately grounded for protection from lightening strike.