Henrieville City Zoning Code
GENERAL REGULATIONS
§ 155.110 PARKING AND LOADING SPACES.
(A) General.
(1) Off-street parking shall be provided in compliance with this section where any building is erected, altered, enlarged converted or increased in size or capacity.
(2) The off-street parking spaces required for each permitted use in this chapter shall not be less than that found in the table below.
OFF STREET PARKING REQUIREMENTS
| |
Use | Number of Parking Spaces Required |
OFF STREET PARKING REQUIREMENTS
| |
Use | Number of Parking Spaces Required |
Dwelling unit | 2 per dwelling unit |
Hotel/Motel | 1 per sleeping unit |
Restaurant | 1 per 100 gross square feet |
Retail | 1 per 200 gross square feet |
Commercial | 1 per 300 gross square feet |
Industrial | 1 per 500 gross square feet |
(B) Dimensions. A minimum width of nine feet and a minimum length of 20 feet shall be provided for each parking stall. Handicap spaces shall be developed in accordance with the American Disabilities Act (ADA). For uses or occurrences where the parking requirements of this chapter are found unreasonable, appropriate parking and loading space requirements shall be determined by the Planning Commission.
(Ord. 2021-10, passed 9-27-2021)
§ 155.111 FENCING.
(A) General. Unless specifically approved by the Zoning Administrator and/or Building Official, any wall, fence or hedge shall not exceed those found in the table below.
MAXIMUM WALL, FENCE OR HEDGE HEIGHTS
| |
Yard | Height (feet) |
Front | 3.5 |
Side | 6.0 |
Rear | 6.0 |
(B) Fence types. Any wall, fence or hedge that is not primarily transparent (metal bar, chain link, etc.) shall not exceed 3.5 feet in height inside 25 feet from any front property line or side property line which fronts a street or road.
(Ord. 2021-10, passed 9-27-2021)
§ 155.112 ACCESSORY BUILDINGS.
(A) General. Accessory buildings shall occupy the same lot as the main use or building and shall be located at least ten feet from the main building or any other building.
(B) Setbacks. Accessory buildings shall meet the same front setback requirements as the main building. However, the side and rear yard setbacks for any accessory building shall be ten feet. An accessory building may be built on the side or rear property line upon approval from the Building Official as a fire proof structure (metal, block or cement).
(Ord. 2021-10, passed 9-27-2021)
§ 155.113 ACCESSORY DWELLING UNITS.
(A) Accessory dwelling units (ADU’s) shall occupy the same lot as the main use or building and shall be located at least ten feet from the main building or any other building or structure. ADU’s shall be setback at least 30 feet from any front property line and at least ten feet from any side property line.
(B) An ADU may be approved by the Building Official and Planning Department so long as the proposed accessory dwelling unit:
(1) Is constructed as a habitable living unit added to, created within or detached from a primary single-family dwelling and contained on one lot or parcel;
(2) Is constructed for the primary purpose of offering a long-term rental of 30 consecutive days or longer;
(3) Does not violate any required setbacks for front, rear or side yards or from other buildings or structures;
(4) Does not violate any local building codes;
(5) Has approval from the State or Local Health Department for the proposed wastewater system and potable water supply and approval from the State of Utah Division of Water Rights and Division of Drinking Water for potable water supply; and
(6) Does not violate any other Garfield County ordinance.
(Ord. 2021-10, passed 9-27-2021)
§ 155.114 EASEMENTS AND RIGHTS-OF-WAY.
Uses of easements and/or rights-of-way shall be permitted in or through any zone for the purpose of serving a permitted use in the same or any zone. Such easements or rights-of-way may be used for uses similar to, but not limited to the following:
(A) Roads, streets, highways, railroads, tramways, cableways and conveyor systems;
(B) Pipelines for the transmission of water, waste water, materials, fuels or products;
(C) Overhead or underground transmission or distribution lines, including poles, towers and conductors; and
(D) Structures and facilities incidental to the above.
(Ord. 2021-10, passed 9-27-2021)
§ 155.115 SPECIAL REGULATIONS.
(A) Home occupations.
(1) Classification. Home occupations shall be classified as follows:
(a) Class A: fully contained within the interior of the dwelling unit or accessory building with little to no impact on the conditional use review criteria listed in § 155.135 of this chapter (i.e., home offices, shops, etc.).
(b) Class B: may be contained within the interior and/or the exterior of the dwelling unit or accessory building with potential outdoor storage, parking, increased traffic, etc. and a clear impact on the conditional use review criteria listed in § 155.135 of this chapter (i.e., daycares, salons, retail, manufacturing, rentals, outdoor storage, etc.).
(2) Conditions. Home occupations shall comply with the following conditions:
(a) Class A home occupations shall be a permitted use in all zoning districts and an approved conditional use permit shall not be required.
(b) Class B home occupations shall be a conditional use in all zoning districts and an approved conditional use permit shall be required.
1. Class B home occupations shall be limited to one per parcel and may be approved as the main dwelling unit or the accessory dwelling unit, but not both.
(c) A town approved business license shall be required for all home occupations.
(d) The home occupation, and all inventory, supplies and equipment shall not exceed or consume more than 50% of th1e primary structure.
(e) Goods relating to the home occupation shall not be stored in the front yard of the lot
(f) If necessary, additional parking spaces shall be provided to accommodate the home occupation. All parking shall be off-street.
(B) Youth homes.
(1) Youth homes. Youth homes shall be a conditional use in Agricultural, Multiple Use and Commercial Zoning Districts and prohibited in all other zoning districts.
(2) Conditions. Youth homes shall comply with the following conditions:
(a) Youth homes shall not be located within 1,000 feet from any park, school, day care, library or religious institution;
(b) Youth homes shall not be located adjacent to any Residential Zone boundary; and
(C) Adult uses.
(1) Adult uses. Adult uses shall be a conditional use in Commercial and Industrial Zoning Districts and prohibited in all other zoning districts.
(2) Conditions. Adult uses shall comply with the following conditions:
(a) Shall not be located within 1,000 feet from any park, school, day care, library or religious institution;
(b) Shall not be located along major highways or main streets and shall not be located adjacent to any residential zone boundary;
(c) Shall only include those deemed legal by the State of Utah such as bars, taverns, pool halls, lounges, etc.; and
(F) Concentrated animal feeding operations. See the Garfield County CAFO Ordinance.
(G) Accessory dwelling units (ADUs). One ADU per lot or parcel shall be permitted in all zoning districts. The ADU shall:
(1) Not exceed 50% of the main dwelling or 1,000 square feet, whichever is less; and
(2) Be setback a minimum of:
(a) Ten feet from any dwelling or accessory building;
(b) Thirty feet from any front property line; and
(c) Ten feet from any side or rear property line.
(Ord. 2021-10, passed 9-27-2021; Ord. 2022-7, passed 4-25-2022; Ord. 2022-9, passed 7-26-2022)
§ 155.116 PHASE DEVELOPMENTS.
(A) General. New projects may be developed in phases or sections. Each phase or section shall consist of a number of improvements which can be completely developed within a period designated by the Sketch Plan Review Committee. When the improvements have been completed and approved by the Sketch Plan Review Committee, the developer may submit the next phase of the proposed development in accordance with the provisions of this section.
(B) Infrastructure improvements. Infrastructure improvements may be developed in phases, or for the entire project upon appropriate permits, inspections and approvals from the Building Official.
(C) Site plans. The initial preliminary site plan(s) and/or master plan(s) shall show all sections or phases of the development.
(D) Alterations. Whenever a change is proposed in phase ordering, the preliminary site plan shall be revised and submitted in accordance with the procedures of this section.
(E) Phase numbering. Phases shall be identified in consecutive numerical titles and an easily recognizable order, as identified on approved preliminary and/or master site plans.
(F) Intent. The intent is that improvements be completed within a reasonable period of time as designated by the Sketch Plan Review Committee. If progress has not been made within said time period, and there are no immediate plans for substantial work to be completed, the Building Official shall rule the building permit null and void by reason of inactivity.
(Ord. 2022-7, passed 4-25-2022)
§ 155.117 DEVELOPMENT AGREEMENTS.
Garfield County may enter into a development agreement containing any term that the county considers necessary or appropriate to accomplish the purposes of this chapter, in accordance with UCA § 17-27a-528.
(Ord. 2022-7, passed 4-25-2022)