The ordinance codified in this title shall be known as the Zoning Ordinance of Hyrum City, Utah, and may be so cited and pleaded.

This title is designed and enacted for the purpose of promoting the health, safety, order, and welfare of the present and future inhabitants of Hyrum City, Utah, including, amongst other things, the lessening of congestion in the streets and roads, securing safety from fire and other dangers, classification of land uses and distribu­tion of land development and utilization, protection of the tax base, securing econ­omy in governmental expenditures, fostering the City's commercial and industrial growth, and the protection of both residen­tial and nonresidential development.

1. This title applies within the corporate boundaries of the City as they presently exist or as they may be amended by the City Council.
2. This title shall be regarded as the minimum requirements for the purpose herein stated and shall not nullify the more restrictive provisions of cove­nants, conditions, agreements, or other ordinances or laws.
3. Any use or occupation of land previously approved as of the effective date of the ordinance codified in this title shall be permitted to continue as a lawful use or exception. However, any pro­posed changes to a previously approved site plan, use or occupation of land shall be done in compli­ance with the conditions and requirements of this title.
4. No building, structure or land may hereafter be used or occupied, and no building or structure or part thereof may hereafter be erected, constructed, moved or altered except in conformity with all the regulations applicable to the zone in which it is located.
5. No part or lot area, open space, off-street parking area or yard required in connection with any building for the purpose of complying with this title may be included as part of a lot area, open space, off-street parking area or yard similarly required for any other building or use.
6. Property owned by the state or the United States shall not be subject to the regulations of this title.

Should any section, clause or provision of this title be declared by the courts to be invalid, the same shall not affect the validity of the title as a whole, or any other part thereof.

The existing Zoning Ordinance of Hyrum City, Utah, including maps, is superseded and amended to read as set forth herein; provided, however, that the ordi­nance codified in this title shall be deemed a contin­uation of the previous ordinance, and not a new enactment, insofar as the substance of revi­sions of the previous ordinance is included, whether in the same or in different language; and the ordi­nance codified in this title shall be so interpreted upon all questions of construction including, but not limited to, tenure of officers and Boards established by previous ordinances and to questions of conforming or nonconforming uses, buildings or structures.

The following terms used in this title shall have the respective meanings hereinafter set forth.

Accessory building - “Accessory building”, in a residential zone, means subordinate building used for purposes incidental to the main structure, such as private garages, storage buildings, repair facilities, hothouses, portable shelters (carports, awning, etc.), solar units, storage pods/containers (maximum size allowed one hundred and forty (140) square feet unless otherwise approved by the Planning Commission with possible additional landscaping & construction requirements or for temporary use), located on the same lot occupied by the main building. Accessory buildings have a height limit of twenty-five (25) feet. Building permits required as per State law. City zoning clearance required.

Administrative appeals hearing officer - “Administrative Appeals Hearing Officer” means an individual, appointed by the Mayor, with advice and consent from the City Council, to hear and make rulings on requests for variances and appeals of decisions applying Land Use Code. (HCC Title 17.16) (Ord. 08.13)

Agricultural land - “Agricultural land” means land within the City boundaries which may be used for the tilling of soil, the raising of crops, for horticulture and gardening, including the keeping or raising of domestic animals and fowl, but not including any agricultural industry or business such as fruit packing plants, fur farms or similar uses.

Alley – “Alley” means a public thoroughfare twenty-six feet or less in width.

Amendment - “Amendment” means a change to this title or Zoning Maps.

Amusement, commercial (indoor) - “Indoor commercial amusement” means an amusement enterprise offering entertainment or games of skill, not listed elsewhere, wholly enclosed in a building, including a bowling alley, billiard or pool hall, pinball parlor or similar activities.

Amusement, commercial (outdoor) - “Outdoor commercial amusement” means any amusement enterprise offering entertainment or games of skill to the general public for a fee or charge, not elsewhere listed, wherein any portion of the activity takes place in the open, including a golf driving range, amusement park, miniature golf or similar activities.

Basement - “Basement” means a story partly underground. A basement shall be considered a story, for the purposes of height measurement, if one-half of its height is above grade.

Block - "Block" means a piece of land surrounded by streets or other rights-of-way other than an alley or land which is designated as a block on any recorded subdivision plat.

Boarding or rooming house - “Boarding or rooming house” means a building, other than a hotel, with not more than five guest rooms where, for compensation, meals are provided for at least five but not more than fifteen persons. Only allowed in commercial zones.

Building - “Building” means any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals or chattels.

Building height - “Building height” means the vertical distance from the grade to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the mean height level between the ridge and the eaves of a gable, hip or gambrel roof.

Building, main - “Main building” means the principal building or one of the principal buildings upon a lot, or the building or one of the principal buildings housing the principal use of a lot.

Building, public - “Public building” means a building owned or used by a governmental agency.

Carport - “Carport” means a private garage not completely enclosed by walls or doors, which shall be subject to all the regulations prescribed for a private garage.

Cell Tower - Communication tower generally used for cellphone transmission. These large towers are only allowed in industrial, commercial, professional zoned areas and must be setback at least the distance of the height of the tower from any residential properties. Height is limited to what is actually needed by the carrier and security fencing is required around the tower.

Child care, professional - “Professional child care” means care that is monitored and controlled by the State of Utah Department of Health, and Bureau of Child Care Licensing. Utah State law requires that individuals providing professional child care to 5 or more children, unrelated to the caregiver, must have a license or certificate issued by the state. (caregivers children, nieces and nephews are related.)

City Council - “City Council” means the City Council of Hyrum City, Utah.

City Engineer/Engineer - “City Engineer” means any registered civil engineer appointed by the City Council, or any other person designated by the City Administrator, to accomplish the objectives of this title; provided, that no such person may serve the City and a subdivider simultaneously where he/she would have to check his/her own work or the work of a member of his/her firm in connection with any subdivision in the City. “Engineer” means licensed in the State of Utah for discipline and in good standing with The Division of Occupational and Professional Licensing.

Club, private - “Private club” means an organization, group or association supported by the members thereof, the sole purpose of which is to render a service customarily rendered for members and their guests, not to include any service, the chief activity of which is customarily carried on as a business, and not to include labor union organizations or similar labor or business organizations.

Commission - “Commission,” unless otherwise clearly indicated, means the Hyrum City Planning Commission.

Concept plan - "Concept plan" means a conceptual drawing of the proposed development prepared in accordance with the requirements of this title, and HCC Title 16.

Conditional use - “Conditional use” means the use of land for which a conditional use permit is required pursuant to HCC 17.84.

Condominium - “Condominium” means a single dwelling unit in a multiple-unit project, together with undivided interest in common in the common areas and facilities of a property as provided by state law.

Courtyard - “Courtyard” means an open, unoccupied space other than a yard, on the same lot as a building or group of buildings, which is bounded on two or more sides by such building or buildings.

District or zone - “District or zone” means an area within the City boundaries which has been given a specific designation as shown on the zoning map.

Dwelling - “Dwelling” means any building or portion thereof, which is designed to be used for residential purposes, but not including hotels, apartment hotels, boarding houses, lodging houses, motels, apartment motels, fraternity or sorority houses, dormitories, or trailers and mobile homes.

Dwelling, fourplex - “Fourplex dwelling” means a single structure designed and constructed with four dwelling units under a single roof for occupancy by four families.

Dwelling, multi-family - “Multi-family dwelling” means any building, or portion thereof, which is designed, built, rented, leased or let to be occupied as two or more dwelling units or apartments which is occupied as a home or place of residence by two or more families living in independent dwelling units.

Dwelling, one-family attached - “One-family attached dwelling” means a dwelling joined to another dwelling at one or more sides by a party wall or abutting separate walls, which is erected upon a separate lot of record and is designed for occupancy by one family.

Dwelling, single-family detached - “Single-family detached dwelling” means a dwell­ing designed and constructed for occupancy by one family and located on a lot or separate building tract, and having no physical connection to a building located on any other lot or tract.

Dwelling, triplex - “Triplex dwelling” means a single structure designed and constructed with three dwellings units under a single roof for occupancy by three families.

Dwelling, duplex - “Duplex dwelling” means a single structure designed and constructed with two dwelling units under a single roof for occupancy by two families

Dwelling, two-family, accessory apartment - “Two-family accessory apartment dwelling” means a single structure occupied by the owner of the structure, with an accessory apartment which may be rented to another family. This classification is not for duplexes or where the owner does not occupy a portion of the dwelling.

Dwelling unit - “Dwelling unit” means one or more rooms in a dwelling, apartment hotel or apartment motel, designed to be occupied by one family for living and sleeping purposes.

Family - “Family” means one or more persons related by blood, marriage or adoption, occupying a dwelling unit and/or a group of not more than four persons, who need not be related by blood or marriage, living as a single housekeeping unit. (Ord. 08-08)

Flag Lot - Flag lot means a lot behind another lot connected to a platted City street by a driveway. The only frontage that the lot possesses is the width of the driveway.

Frontage - “Frontage” means that length of a parcel or lot which lies adjacent and on one side of a street.

Garage, private - “Private garage” means an accessory building designed for the storage of not more than four automobiles used by the occupants of the building to which it is necessary, except that in the case of a multiple dwelling, the accessory building may be designed to store two times as many automobiles as there are dwelling units in the multiple dwelling. A garage shall be considered part of a dwelling if the garage and dwelling have a common roof.

Garage, public - “Public garage” means a building or portion thereof, other than a private garage, designed for servicing, repairing, equipping, hiring, selling or storing motor vehicles.

Grade - “Grade” means:

1. For buildings adjoining one street only, the elevation of the sidewalk at the center of the building wall adjoining the street;
2. For buildings adjoining one or more streets, the average elevation of the sidewalks at the centers of the walls adjoining the streets;
3. For buildings having no wall adjoining a street, the average level of the ground (finished surface) adjacent to the exterior walls of the building. All walls approximately parallel to and not more than five feet from a street line are to be considered as adjoining a street.

Group preschool - “Group preschool” means a facility or establishment separate from a home or residence licensed by Hyrum City for the care and instruction of children by an instructor who may or may not be related to the children, and which is maintained for less than four hours per day and less than twenty hours per week, per session, for children under the age of eight years. This care may be given with or without charge.

Health Club - “Health Club” means an establishment that provides exercise facilities such as running, jogging, aerobics, weightlifting, court sports and swimming, as well as locker rooms, shows, massage rooms, saunas, and related accessory uses. (Ord. 25-03)

Home preschool - “Home preschool” means a home licensed by Hyrum City for the care and instruction of children by an instructor who may or may not be related to the children. The home preschool is maintained for less than four hours per day and less than twenty hours per week, per session, for children under the age of eight years. This care may be given with or without charge.

Hotel or motel - “Hotel” or “motel” means any building which is designed to offer temporary abiding space to individuals and family. To be classified as a hotel or motel, it shall contain individual guest rooms and provide services such as linens and furnishings.

Household pets - “Household pets” means animals or fowl ordinarily permitted in the house, and kept for company or pleasure, such as dogs, cats and birds, but not including a sufficient number of dogs or cats so as to constitute a kennel as defined herein.

Innerblock development - “Innerblock development” means residential development of any dwelling units within the interior of existing blocks. Innerblock development is only permitted in the R2A zone.

Institution, religious or philanthropic - “Religious or philanthropic institution” means an institution sponsored or operated by organizations established for religious or philanthropic purposes.

Junk - “Junk” means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, waste, including junked, dismantled or wrecked automobiles or parts thereof, iron, steel, and other old or scrap material.

Junkyard - “Junkyard” means any place, establishment or business used for storing, keeping, buying or selling junk, or for the operation of any automobile graveyard. The term includes garbage and sanitary landfills.

Kennel - “Kennel” means the facilities for keeping of three or more dogs at least six months old. Requires a kennel license, and is permitted only in specified zones.

Land use ordinance or code - “Land use ordinance or code” a term used by state and other municipalities referring to subdivision and zoning ordinance.

Lighting-Exterior - “Exterior lighting means temporary or permanent lighting that is installed, located or used in such a manner to cause light rays to shine outdoors. New construction requires dark sky fixtures. Residential lighting shall be mounted at a height equal to or less than the sum of H = (D/3) + 3, where D is the distance in feet to the nearest property boundary, but shall not be higher than fifteen feet (15’) from the ground level to the top of the luminaire, whichever is less. Example:

Mounting Pole Height: 15 feet
Distance to Property Line: 36 feet (36/3 = 12 + 3 = 15)

Light manufacturing - “Light manufacturing” means manufacturing processes which do not emit detectable dust, odor, smoke, gas, fumes, or vibrations beyond the property lines of the lot or tract upon which the use is located, which do not generate noises above a level of 70 decibels measured at the property line, and do not permit direct light to fall on neighboring residential property.

Lot - “Lot” means a parcel of land occupied or to be occupied by a main building, or group of buildings (main and accessory), together with such yards and open spaces, lot width and lot area as are required by this title, and having frontage upon a street. Except for group dwellings, not more than one dwelling unit shall occupy a lot.

Lot, corner - “Corner lot” means a lot abutting on two inter­secting or intercepting streets, where the interior angle of interception does not exceed one hundred thirty-five degrees.

Lot, interior - “Interior lot” means a lot other than a corner lot.

Lot line adjustment – “Lot line adjustment” A lot line adjustment means a realignment of the property line between two lots. It may result in some property being taken from one lot and given to the adjoining lot, or it may result in the property line being moved in such a way as there is an exchange of equal amounts of property between the two lots. This is not a subdivision as no new lot is formed by a lot line adjustment. Care must be taken in lot line adjustments to ensure that neither lot becomes restricted or non-conforming as a result of the adjustment.

Manufactured housing - “Manufactured housing” means a vehicular-porta­ble-structure built on a chassis and designed to be used on a permanent foundation.

Mobile home - “Mobile home” means a portable vehicular structure built on a chassis and designed to be used without a permanent foundation as a dwelling unit when connected to utilities.

Natural waterways - “Natural waterways” means those areas varying in width along streams, creeks, springs, gulleys or washes which are natural drainage channels, as determined by the City Engineer, in which areas buildings shall not be constructed, or in which special drainage facilities shall be provided.

Nexus - “Nexus” means a connection.

Exaction - “Exaction” means an exchange of approximate equal need or value.

Noncomplying Structure, Nonconforming Use - “Noncomplying Structure” means a structure that: (a) legally existed before its current land use designation; and (b) because of one or more subsequent land use ordinance changes, does not conform to the setback, height restrictions, or other regulations, excluding those regulations, which govern the use of land. “Nonconforming use” means a use of land that: (a) legally existed before its current land use designation; (b) has been maintained continuously since the time the land use ordinance governing the land changed; and (c) because of one or more subsequent land use ordinance changes, does not conform to the regulations that now govern the use of the land.

Nursing home - “Nursing home” means an institution where those persons suffering from illness, injury, deformity, deficiency or age are given care or treatment on a prolonged or permanent basis, and which is licensed by the state of Utah.

Official map - “Official map” means any map adopted by Hyrum City under the provisions of the Utah State Code.

Open Space - “Open Space” means any area of land or water that (1) is not a part of a residential lot, (2) is devoted to environmental preservation, agricultural production, or outdoor recreation and (3) generally lacks buildings or other structures except for structures that are subordinate to and customarily incidental to the use of the open space.

Planned Unit Development (PUD) - "Planned Unit Development" means a development, which permits the clustering of housing units and other creative site development. The council maywaive the setback, and individual lot size requirement in favor of "common" open spaces which are part of the development. While more flexible in many respects, PUD's rely strongly on design to convince City officials of their merit.

Planning Commission - “Planning Commission” means the Hyrum City Planning Commission unless another commission is specifically named.

Parcel - “Parcel” means a contiguous quantity of land, in the possession of, or owned by, or recorded as the property of, the same claimant or person and bearing one county tax number.

Parking lot - “Parking lot” means an open area, other than a street, used for the temporary parking of more than four motor vehicles and available for public use.

Parking space - “Parking space” means space within a building, lot or parking lot for the parking or storage of one automobile or vehicle.

Plot plan - "Plot plan" means a to scale drawing showing lot size and location, outline of building(s) to be constructed, location of water and gas lines, electrical and telephone services, setbacks, side yards and rear yards, location of sewer lines, clearance of buildings from those on adjoining lots and other buildings on same lot.

Private school - “Private school” means an institution operated by private individuals and established for educational purposes.

Public school - “Public school” means a school operated under the sponsorship of a school district and established under the laws of the state of Utah.

Recreational Facilities - “Recreational Facilities” means facilities designed for recreational uses such as parks, playgrounds, athletic fields, pathways for pedestrians/bicyclists, and other similar uses. Recreational facilities shall not include primary buildings, but may include accessory buildings that are subordinate to and customarily incidental to the primary recreational use (such as maintenance and equipment storage buildings).

Restricted lot - “Restricted lot” means a parcel of land severed or placed in separate ownership after January 28, 1976, and which does not meet all area, width, yard and other requirements of this title for a lot; or a parcel of land which does meet all the requirements of this title for a lot, but the creation of which has caused any adjacent lot from which it was severed to be insufficient in area, width, setback, yard or coverage requirements.

Roomer - “Roomer” means one who occupies a hired room in another's house.

Secondary residential structure - “Secondary residential structure” means a subordi­nate dwelling unit (detached), other than a mobile home.

Setback - “Setback” means the distance from the property line to the measurement point on a structure. Front yard, side yard and rear yard setbacks are common in most zones. May be described as side yards or rear yard depth.

Sign - “Sign” means any device used for visual communication to the general public and displayed out-of-doors, including signs painted on exterior walls, and interior illuminated signs to be viewed from out-of-doors, but not including any flag, badge or ensign of any government agency. Signs included are those for advertising, business, identification, nameplates, public information and property.

Sign, temporary - “Temporary sign” means any sign, banner, pennant or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other light materials, with or without frames, intended to be displayed for a short period of time only.

Site plan - "Site plan" means a to-scale drawing of a proposed development showing location of buildings, traffic ingress, egress and circulation within the site, parking, display of signs, landscaping, walls and fences and other features.

Storage of autos - “Storage of autos” means a tract of land devoted to storing operative and/or inoperative automobiles and/or other vehicles that is enclosed by a wall of at least eight feet in height, and which accommodates, on a continuing basis, the storage of such automobiles and/or vehicles. Storage of operative automobiles/RV's, in good repair, may be allowed within a six foot enclosure, wall, or fence, as determined by the Planning Commission. In no instance shall wrecking and/or salvage operations be affiliated with the use of the land.

Story - “Story” means the space within a building included between the surface of any floor and the surface of the ceiling next above.

Story, half - “Half-story” means a story with at least two of its opposite sides situated in a sloping roof, the floor area of which does not exceed two-thirds of the area of the floor area immediately below it.

Street - “Street” means a public thoroughfare which affords the principal means of access to abutting property, and is more than twenty-six feet wide.

Structure - “Structure” means any building constructed or erected which is located on the ground or is attached to something which is located on the ground.

Structural alterations - “Structural alterations” means any change in supporting members of a building, such as bearing walls, columns, beams or girders.

Subdivision

1. “Subdivision” means any land that is divided, re-subdivided, or proposed to be divided into two or more lots, parcels, sites, units, plots, or other division of land for the purpose, whether immediate or future, for offer, sale, lease, or development either on the installment plan or upon any and all other plans, terms, and conditions.
2. Subdivision includes:
   1. The division or development of land whether by deed, metes and bounds description, devise and testacy, lease, map, plat, or other recorded instrument; and
   2. Divisions of land for all residential and non residential uses, including land used or to be used for commercial, agricultural, and industrial purposes.

Tavern - “Tavern” means any enterprise which has as its principal business the selling of alcoholic beverages for consumption on the premises.

Trade or commercial school - “Trade or commercial school” means a school, operated for profit, teaching vocational skills.

Trailer park or mobile home - “Trailer park or mobile home” means any area or tract of land designed to accommodate two or more trailers, mobile homes, or campers.

Trailers, single or double wide - “Single or double wide trailers” means vehicles with or without motive power or wheels designed to be used for human habitation, including mobile homes or campers.

Use, accessory - “Accessory use” means a subordinate use customarily incidental to and located on the same lot by a main use.

Veterinary or animal hospital - “Veterinary or animal hospital” means a building and enclosures where both large and small animals are kept and/or treated by a licensed veterinarian.

Width of lot - “Width of lot” means the distance between the side lot lines at the specified setback from the front property line for cul-de-sacs, and at both the setback line and streetside frontage on all other lots.

Wrecking or salvage yard for autos or parts - “Wrecking or salvage yard for autos or parts” means a tract of land devoted to wrecking, dismantling or salvage operations where automobiles, other vehicles and/or machinery are subject to being dismantled, compacted or similarly processed. All such operations, inclusive of storage of vehicles, shall be completely enclosed by a wall at least eight feet in height, except for a maximum of two gates or more than twenty feet wide.

Yard - “Yard” means a space on a lot, other than a courtyard, unoccupied and unobstructed from the ground upward, except as otherwise provided herein.

Yard, front - “Front yard” means the space on the same lot as a building, between the front line of the building, exclusive of steps and the front property line, extending across the full width of the lot.

Yard, rear - “Rear yard” means the space on the same lot as a building, between the rear line of the building (exclusive of steps and chimneys) and the rear property line of the lot, extending across the full width of the lot.

Yard, side - “Side yard” means the space on the same lot as a building, between the side line of the building (exclusive of steps, chimneys or open stairways) and the side property line extended from the front yard line to the rear yard line. (Ord. 09-09)