This chapter establishes several miscellaneous land development regulations which are applicable throughout the city regardless of zone.

(Adopted by Ord. 2007-02 on 7/11/2007)

The requirements of this chapter shall apply in addition to the development and use standards set forth in other chapters of this title. The requirements of this chapter shall not be construed to prohibit or limit other applicable provisions of this title, this code, and other laws; provided that the requirements of this chapter shall prevail over conflicting provisions of any other requirement in this title unless a different standard is expressly authorized.

(Adopted by Ord. 2007-02 on 7/11/2007)

A.

Abandoned Vehicles Prohibited: It shall be unlawful to park or permit the parking of any licensed or unlicensed motor vehicle or parts thereof in an abandoned condition upon any public or private property within the city except as follows:

1.

In any residential or agricultural zone, two (2) or less such vehicles or parts thereof may be stored in a building or within a rear yard; or

2.

In a commercial or industrial zone, any number of such vehicles or parts thereof may be permitted if:

a.

Such use is authorized in the zone where the use is located, and

b.

Vehicles and parts thereof are stored within a building or are completely screened by a six foot (6') high opaque, sight obscuring fence.

B.

Nuisance: The accumulation and storage of more than the permitted number of vehicles or parts thereof on private or public property except as set forth above shall constitute a nuisance, detrimental to the health, safety, and welfare of the inhabitants of the city. It shall be the duty of the owner of such vehicle or parts thereof, or lessee, or other person in possession of private property upon which such vehicle or parts thereof is located, to remove the same from such property.

(Adopted by Ord. 2007-02 on 7/11/2007)

Land shall be developed only where existing infrastructure is in place or will be timely provided to service proposed development. The city may require an analysis to be completed to determine whether adequate public facilities are available to service a development and whether such development will change existing levels of service or will create a demand which exceeds acceptable levels of service for roadways, intersections, bridges, storm drainage facilities, water lines, water pressure, sewer lines, fire and emergency response times, and other similar public services. The city may disapprove a proposed development if demand for public services exceeds accepted levels of service. No subsequent approval of such development shall be given until either the developer or the city installs improvements calculated to raise service levels to the standard adopted by the city.

(Adopted by Ord. 2007-02 on 7/11/2007)

Accessory uses and structures shall be permitted in all zones provided they are incidental to, and do not substantially alter a principal use or structure.

A.

Front Yard: No accessory building or structure nor group thereof shall be located in a front yard unless expressly authorized by a provision of this title.

B.

Rear Yard: No accessory building nor group of accessory buildings in any residential zone shall cover more than twenty-five percent (25%) of a rear yard.

C.

Accessory Buildings Prohibited as Living Quarters: Living or sleeping quarters in any building, other than the main residential building, are prohibited except as expressly provided by a provision of this title.

(Adopted by Ord. 2007-02 on 7/11/2007)

Every lot created after the effective date of this title shall have a buildable area sufficient to place a building or structure thereon which meets the minimum standards of the zone where the lot is located. Buildable area shall be depicted on a proposed subdivision plat, site plan, or plot plan for the purpose of notifying future owners of the approved buildable area based on applicable development standards. Area within an easement may not be included within buildable area unless the easement beneficiary executes and records a release of the easement in a form acceptable to the city attorney.

(Adopted by Ord. 2007-02 on 7/11/2007)

A.

State Law Requirements: The owner of real property may construct a new condominium project or convert existing land and/or structures into a condominium project by complying with the provisions of the condominium ownership act, as amended, and applicable provisions of this title and other titles of this code.

B.

Uses Permitted: Uses permitted within a condominium project shall be limited to those uses permitted within the zone in which a project is located.

(Adopted by Ord. 2007-02 on 7/11/2007)

No dwelling, main building, or permanent accessory building shall be located within a recorded easement area unless the property owner either produces evidence satisfactory to the zoning administrator that the easement has been abandoned, or executes a recordable document, in a form approved by the city attorney, indicating that notwithstanding apparent abandonment of the easement, the structure may be subject to the superior interest of the easement holder and may be required to be relocated at the property owner's expense to accommodate such interest.

A.

Location: Any structure in an easement area shall be located pursuant to the setback and other applicable requirements of this title.

B.

No Expansion of Legal Rights: Nothing in this section is intended to expand or restrict the rights or obligations of any party to any recorded easement.

(Adopted by Ord. 2007-02 on 7/11/2007)

Whenever a front or side yard is required for a building which abuts a street shown on the master street plan, the depth of such front or side yard shall be measured from the planned street line.

(Adopted by Ord. 2007-02 on 7/11/2007)

A.

Height of Fences and Walls: No fence, hedge, wall or other similar structure shall be erected to a height which exceeds the following:

1.

In a required front or street side yard: Five feet (5').

2.

In a required interior side or rear yard: Seven feet (7').

3.

In a yard bordering the front yard of an adjoining lot: Four feet (4').

B.

Retaining Walls: When a retaining wall protects a cut below natural grade and is located on a line separating lots, such retaining wall may be topped by a fence, wall, or hedge of the same height that would otherwise be permitted at such location if no retaining wall existed.

C.

Fences in Front or Side Yards: No opaque fence or wall or other similar structure exceeding forty-eight inches (48") in height shall be erected within a required front yard.

D.

Swimming Pools: Swimming pools of permanent construction not enclosed within a building shall be set back at least five feet (5') from all property lines and shall be completely surrounded by a fence or wall having a lockable self-closing gate and a height of at least six feet (6') which conforms to building code requirements.

E.

Visual Obstructions: To avoid creating a visual obstruction and promote public safety, a fence, wall, sign, or other similar structure or landscaping located in a required front yard shall meet the following requirements:

1.

No opaque fence, wall, sign, or other similar structure, or landscaping which exceeds two feet (2') in height shall be placed within a triangular area formed by a driveway line, the street property line, and a line connecting them at points twelve feet (12') along the driveway line and twelve feet (12') along the street property line, except for a reasonable number of trees pruned high enough to permit unobstructed vision for drivers of motor vehicles.

2.

No fence, hedge, wall, landscaping or other structure which obstructs clear view shall be placed on any corner lot within a triangular area formed by the street property lines and a line connecting them at points forty feet (40') from the intersection of the street lines, except a reasonable number of trees pruned high enough to permit unobstructed vision to automobile drivers.

(Adopted by Ord. 2007-02 on 7/11/2007)

Flag lots for single-family dwellings located in an agricultural or residential zone may be allowed to accommodate the development of land that otherwise cannot reasonably be developed under the regulations contained in this title or other titles adopted by the city. The primary purpose of allowing flag lots is not to make development of land easier and more profitable. Rather, allowance of flag lots is intended to serve as a "last resort" for land which may not otherwise be reasonably subdivided under ordinary lot development standards.

A.

Factors to Be Considered: When land is subdivided, flag lots shall not be approved by right but may be allowed after considering the following:

1.

More than two (2) flag lots with contiguous staffs shall not be approved.

2.

Whether development of the property in question under otherwise applicable provisions of this title is reasonable and practical.

3.

Creation of a flag lot shall not foreclose the possibility of future development of large adjacent interior lots unless a street can be extended to such lots from other property.

B.

Locational Limitations: Flag lots shall be created only on a legally created lot of record which abuts State Highway 38.

C.

Findings Required: Flag lots shall be prohibited unless all of the following findings are made:

1.

The flag lot is located in an agricultural or rural residential zone.

2.

The developer provides written and illustratory evidence showing property development with and without proposed flag lots which demonstrates:

a.

Flag lots will result in more efficient use of land.

b.

The design of the flag lots are compatible with the design of the overall subdivision and adjacent property.

c.

No other viable subdivision design alternatives exist that will allow for a conventional lot, including consideration of:

(1)

The current, proposed, or alternative zoning;

(2)

The possibility of incorporating the subject property with adjacent property to achieve a more unified development of the area and eliminate the need for a flag lot;

(3)

Alternative street designs and improvements; and

(4)

Any other reasonable means that would render a flag lot unnecessary.

d.

Access to the flag lot is provided through the pole portion of the lot.

D.

Development Standards: When permitted, a flag lot shall be subject to the following development standards:

1.

A flag lot shall be comprised of a staff (narrow) portion that is contiguous with a flag (wide) portion.

2.

The staff portion of the lot shall front on and be contiguous to a public street. The minimum width of the staff portion at any point shall be thirty-three feet (33').

3.

The size of the flag portion of a lot shall conform to the minimum lot size requirement of the zone where the lot is located. Sufficient turnaround space for emergency vehicles shall be provided near the buildable area on the lot.

4.

The staff portion of a flag lot shall be:

a.

Used only for ingress/egress.

b.

Landscaped in harmony with other adjacent property.

c.

Improved with a hard surface such as concrete, asphalt or compacted road base with a dust prevention treatment.

5.

The front yard of a flag lot shall be on the side of the flag portion which connects to the staff. Yard setbacks shall conform to the setback requirements of the zone in which the flag lot is located.

6.

A main building shall be located not more than three hundred feet (300') from a fire hydrant, measured along a public or private right of way or along the staff portion of a flag lot. An easement for any fire hydrant located on private property shall be provided to the city for access to and maintenance of the hydrant.

7.

Upon review the city may require installation of curb, gutter, and other drainage control measures in the staff portion of a flag lot to prevent runoff from entering neighboring properties.

8.

Clear address signage shall be installed and maintained at the street by the owner, including notice that the driveway is a private right of way.

9.

All improvements to or on a flag lot, including installation of the hard surface and fire hydrants, shall be provided at the subdivider's expense. No certificate of occupancy shall be issued for the proposed flag lot until improvements are fully installed. Required improvements and applicable conditions of approval for a flag lot shall be constructed and bonded pursuant to chapter 33 of this title.

10.

In addition to the above minimum requirements, the planning commission may, as part of a preliminary or final subdivision plat approval, impose additional conditions on a flag lot including, but not limited to, the following:

a.

Fencing and screening requirements.

b.

Location and height of the dwelling.

c.

Installation of one or more fire hydrants.

d.

Additional off-street parking and/or backup space designed in accordance with standards set forth in chapter 19 of this title.

(Adopted by Ord. 2007-02 on 7/11/2007)

A.

Exceptions to Height Limitations: Roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, parapet walls, skylights, towers, steeples, flagpoles, chimneys, water tanks, wireless or television masts, theater lofts, silos or similar structures may be erected above the limits herein prescribed, but no space above the height limit shall be allowed for the purpose of providing additional floor space for human occupancy.

B.

Maximum Height of Accessory Buildings: No building which is accessory to a single-family or a multiple-family dwelling with four (4) or fewer dwelling units shall be erected to a height greater than twenty feet (20') unless a greater height is authorized by a conditional use permit.

C.

Minimum Height of Main Buildings: No dwelling shall be erected to a height less than one story above grade except earth sheltered dwellings authorized by the provisions of this title.

D.

Additional Height Allowed for Public Buildings: Public buildings and churches may be erected to any height, provided the building is set back from the required building setback lines a distance of at least one and one-half feet (1.5') for each additional foot of building height above the maximum height otherwise permitted in that zone.

(Adopted by Ord. 2007-02 on 7/11/2007)

A.

Work Prohibited Without Conditional Use Permit: No person shall commence or perform any grading or excavation on an existing lot or for a gravel pit or rock quarry in excess of the limits specified below without first obtaining a conditional use permit for grading and excavation.

B.

Conditional Use Permit Required: A conditional use permit shall be required in all cases where development comes under any one or more of the following provisions, unless such work is exempted elsewhere in this section:

1.

Excavation, fill or any combination thereof exceeding one thousand (1,000) cubic yards.

2.

Fill exceeding five feet (5') in vertical depth at its deepest point measured from the adjacent undisturbed ground surface.

3.

An excavation exceeding five feet (5') in vertical depth at its deepest point.

4.

An excavation, fill or combination thereof exceeding an area of one acre.

5.

Vegetation removal from an area in excess of one acre.

C.

Conditional Use Permit Not Required: A conditional use permit shall not be required in the following cases:

1.

Excavations below finished grade for which a building permit is required and has been issued by the city, including, but not limited to, the following: septic tanks and drain fields, tanks, vaults, tunnels, equipment, basements, swimming pools, cellars or footings for buildings or structures.

2.

Excavation or removal of vegetation within property owned by a public utility company or within a public utility easement by a public utility company.

3.

Removal of vegetation as a part of the work authorized by an approved building permit.

4.

Tilling of soil or cutting of vegetation for agricultural or fire protection purposes.

5.

Commercial quarries operating with valid conditional use permits in appropriate industrial zones as provided for in this title.

6.

Engineered interior fills or surcharge on the property with respect to industrial development.

7.

Grading and/or excavation done pursuant to an approved final subdivision plat.

8.

Items not covered by this section which are exempted from required permits by the building code.

(Adopted by Ord. 2007-02 on 7/11/2007)

A.

Every Building on Legally Created Lot: Every building shall be located and maintained on a legally created "lot" as defined in this title, unless such lot is a legally nonconforming lot.

1.

Such lot shall have required frontage on an existing or dedicated public street, or on an approved right of way.

2.

Only one dwelling structure shall be located on any lot except as otherwise authorized by the provisions of this title.

B.

Prior Created Lots: On any lot of record held under separate ownership at the time of passage of this title, such lot may be used for a single-family dwelling. The side yard requirements may be reduced in proportion to the reduced width of the front lot line of the property, but in no case shall the side yards be reduced to less than eight feet (8') on one side or twenty feet (20') combined.

C.

Sale or Lease of Required Land: No land needed to meet the size, width, yard, area, coverage, parking or other requirements of this title shall be sold, leased, or otherwise transferred away, whether by subdivision or metes and bounds, so as to create or increase the nonconformity of a lot, building, or site development.

1.

No lot having less than the minimum width and area required by the zone where it is located may be divided from a larger parcel of land, except as permitted by this section.

2.

If a portion of a lot which meets minimum lot area requirements is acquired for public use in any manner, including dedication, condemnation or purchase, and such acquisition reduces the minimum area required, the remainder of such lot shall nevertheless be considered as having the required minimum lot area if all of the following conditions are met:

a.

The lot contains a rectangular space of at least thirty by forty feet (30 x 40') exclusive of applicable front and side yard requirements, an exclusive of one-half ( ¹ / ₂ ) of the applicable rear yard requirements, and such rectangular space is usable for a principal use or structure.

b.

The remainder of the lot has an area of at least one-half ( ¹ / ₂ ) of the required lot area of the zone in which it is located.

c.

The remainder of the lot has access to a public street.

D.

Adjacent Lots when Used as One Building Lot: When a common side lot line separating two (2) or more contiguous lots is covered or proposed to be covered by a building, such lots shall constitute a single building site and the setback requirements of this title shall not apply to a common lot line if a document is recorded indicating the owner's intent to use the combined lots as a single development site. The setback requirements of this title shall apply only to the exterior side lot lines of the contiguous lots so joined.

E.

Setback Measurement: The depth of a required yard abutting a street shall be measured from the lot line except on blocks where more than fifty percent (50%) of the buildable lots have main buildings which do not meet the current front yard setback of the zone where the block is located. In such case, the minimum front yard requirement for new construction shall be equal to the average existing front yard size on the block, up to a maximum of thirty feet (30').

F.

Yards to Be Unobstructed; Exceptions: Every part of a required yard shall be open to the sky and unobstructed except for:

1.

Accessory buildings in a rear yard or interior side yard.

2.

The ordinary projections of window bays, roof overhangs, skylights, sills, belt courses, cornices, chimneys, flues and other ornamental features, which shall not project into a yard more than four feet (4').

3.

Open or lattice enclosed fire escapes, fireproof outside stairways and balconies open upon fire towers projecting into a yard not more than five feet (5').

4.

Any part of a deck or patio less than three feet (3') in height, excluding nonopaque railings.

5.

Landscaping and associated improvements.

G.

Yard Space for One Building Only: A required yard for any building shall be located on the same lot as the building. No required yard or other open space around an existing building, or which is hereafter provided around any building for the purpose of complying with the provisions of this title, shall be considered as providing a yard or open space for any other building, nor shall any yard or other required open space on an adjoining lot be considered as providing a yard or open space on a lot whereon a building is to be erected or established.

H.

Lot Coverage: In no zone shall a building or group of buildings with their accessory buildings cover more than fifty percent (50%) of the area of the lot.

(Adopted by Ord. 2007-02 on 7/11/2007)

When subdivision streets parallel contiguous property of others, the developer may, upon approval of the planning commission, retain a protection strip not less than one foot (1') in width between said street and adjacent property; provided, an agreement approved by the city attorney has been made by the subdivider contracting to deed to the owners of the contiguous property the one foot (1') or larger protection strip for a consideration named in the agreement. Such consideration shall be not more than the fair cost of the land in contiguous property plus the value of one-half (0.5) the land in the street at the time of agreement. One copy of the agreement shall be submitted to and approved by the city attorney and the planning commission prior to approval of a final plat. Protection strips shall not be approved at the end of a public street or proposed street.

(Adopted by Ord. 2007-02 on 7/11/2007)

All state and local codes concerning air and water quality and solid waste disposal are hereby adopted by reference.

(Adopted by Ord. 2007-02 on 7/11/2007)

Before a building permit or use permit is granted, the proposed sewage disposal system and the culinary water system, where a nonmunicipal source is used, shall be approved pursuant to applicable law.

(Adopted by Ord. 2007-02 on 7/11/2007)

No yard or other open space shall be used for the accumulation of trash, debris, or abandoned equipment and no land shall be used for such purposes, except as authorized by and in compliance with the provisions of this title.

(Adopted by Ord. 2007-02 on 7/11/2007)

Failure of the city or planning commission to observe or recognize hazardous or unsightly conditions, or to recommend denial of a conditional use permit or subdivision because of such unrecognized hazardous or unsightly conditions, shall not relieve the developer or owner from responsibility for the condition or damages resulting therefrom. The city or planning commission, its officers or agents, shall not be held responsible for the conditions and damages resulting therefrom.

(Adopted by Ord. 2007-02 on 7/11/2007)

A.

The property owner, which shall include titleholders and contract purchasers, must occupy either the principal unit, the D-ADU, or I-ADU as their permanent residence. Applications for a D-ADU or I-ADU shall include evidence of owner occupancy as defined in section 10-3-4.

B.

D-ADUs or I-ADUs shall not be sold separately from the main unit.

C.

A property including a D-ADU shall not be subdivided in a way that separates the D-ADU and the primary dwelling into separate parcels. The primary dwelling and the D-ADU must remain on the same parcel.

D.

D-ADUs or I-ADUs shall not be rented on a transient basis (periods less than thirty (30) days).

E.

Only one D-ADU or I-ADU may be created per lot or property in zones that allow single-family dwellings.

F.

The design and size of the D-ADU or I-ADU shall conform to all applicable standards in the building, plumbing, electrical, mechanical, fire, health, and any other applicable codes.

G.

Installing separate water meters-for a D-ADU-shall be required.

H.

Separate addresses for the D-ADU or I-ADU are prohibited.

I.

D-ADUs and I-ADUs are not exempt from impact fees (10-32-1).

J.

The total square footage of a D-ADU shall be no more than forty percent (40%) of the total square footage, excluding the garage, of the primary residence. Documentation of square footage of the primary residence must be obtained by the applicant from the Box Elder County Assessor or a licensed real estate appraiser and provided to the city at the time the CUP application is submitted.

K.

The minimum lot size required for construction of a-D-ADU in all zones that allow single-family dwellings shall be one acre (forty-three thousand five hundred sixty (43,560) square feet).

L.

D-ADUs or I-ADUs shall not be located in a front or corner lot side yard and shall meet the same setbacks as required for the primary residence in the zone.

M.

D-ADUs shall be compatible with the exterior color and materials of the surrounding area. I-ADUs shall be designed in a manner that does not change the appearance of the primary dwelling as a single family dwelling.

N.

The maximum height for ADUs or IADUs shall be no taller, in elevation, than the highest point of the primary structure.

O.

See table 10-19 for parking requirements. A minimum of one off street parking space shall be provided per bedroom included in the D-ADU or I-ADU.

P.

Where an existing subdivision has CC&Rs in place that govern ADUs the more restrictive regulation shall govern the use and development within that subdivision.

Q.

The planning commission may place other appropriate or more stringent conditions deemed necessary in approving ADUs.

R.

Multi-family homes, mobile homes, RV's, trailers, campers, tents, and/or any other temporary structure and/or vehicle shall not qualify as D-ADU or I-ADU.

(Ord. No. 2024-06, § 1, 7-10-2024)

A Motor Home, Recreational Vehicle ("RV") shall not be located, placed, used or occupied for residential purposes for more than seven (7) consecutive days per calendar quarter.

(Ord. No. 2024-07, § 1 (Att.), 8-14-2024)