In this zone, no land use shall be permitted except those designated below. No uses will be permitted that will result in a public nuisance because of odor, noise or visual offense, such as junkyards, animal shelters, garbage disposal, heavy manufacturing, stables and the killing and dressing of poultry and animals. In the commercial zone C-2, the following land uses shall be permitted: 

1. Permitted Uses:
   
   1. Single family dwellings with driveways, garages, off-street parking, fences and landscaping, utility lines, gardens, family food production (Per HCC 17.85) and recreation animals.
      
   2. Dwelling two family accessory apartment
      
   3. Boarding or rooming house
      
   4. Hotel or motel
      
   5. Community centers
      
   6. Churches and accessory buildings including rectories
      
   7. Nursing homes
      
   8. Schools (public and private)
      
   9. Parks and playgrounds
      
   10. Public structures (i.e. courts, City hall, fire stations, public works, electrical, gas, and telephone transmission stations, etc.).
       
   11. Communication facilities (radio or TV transmission, telephone transmission, etc.)
       
   12. Office buildings
       
   13. Retail sales (groceries, bakeries, lumberyards, auto & trailer sales, hardware, clothing, etc).
       
   14. Service industries, (laundry, carwash, barbers, auto repairs, restaurants, clinics & doctors offices, tailors, appliance repair, equipment repair, etc.).
       
   15. Residential facilities for persons with a disability.
       
   16. Residential facilities for the elderly.
       
   17. Planned unit development. 
2. Permitted accessory uses:
   
   1. Accessory buildings.
      
   2. Professional child care.
      
   3. Swimming pools.
      
   4. Home Occupations.
      
   5. Combustible and flammable liquids over 500 gallons above or below ground.
      
      1. Combustive and flammable liquids stored in containers in excess of 500 gallons are permitted in this zone provided the following conditions are met:
         
         1. Must meet all of the requirements of the uniform building and fire codes.
            
         2. Must be emplaced in such a location as to allow loading and unloading operations to be away from public sidewalks and roadways. 
            
3. Conditional Uses:
   
   1. Taverns.
      
   2. Dancehall or night club.
      
   3. Light manufacturing.

There are no frontage requirements for commercial use.

1. No yards are required for commercial development in the "downtown" area of Main Street, which is defined to mean one (1) block east and four (4) blocks west of Center Street, north and south sides of the street, unless it is erected upon a lot adjacent to a residential dwelling. A landscaped side yard not less than fifteen (15) feet wide shall be provided adjacent to the dwelling.
   
2. In commercial areas other than in “A” (above) the building shall have a setback of thirty (30) feet from the front property line (and side property line facing street if on a corner) unless otherwise specified in the site plan review and approval process. 
   
3. Front yard must have a landscaped area a minimum of ten (10) feet in width adjacent to the sidewalk area. 
   
4. A light-proof fence, shrubs or wall a minimum of six feet tall is required on side(s) of parking lot facing residential neighbor.
   
5. Curbs and gutter (2 feet wide), a planting strip (eight (8) feet wide) and a sidewalk (5 feet wide) will be provided by the commercial user along public roadway(s). 

1. Applicability. Dumpster enclosures may be required at high public visibility areas. Regardless of location or placement, the dumpsters require a level, hard surface pad and approach.
2. Space. The space inside the enclosure shall be reserved for dumpsters only. 
3. Parking. No parking shall be allowed in front, behind or on either side of the dumpster.
4. Minimum Size. Each enclosure shall provide a minimum ten-foot interior depth (minimum eleven-foot interior depth, if bollards or a curb are placed behind the dumpster) and a six-foot height. For single enclosures, with or without gates, the minimum interior opening shall be twelve-feet. For double enclosures, without gates, the minimum interior opening shall be twenty-two feet, and for double enclosures, with gates, the minimum interior opening shall be twenty-four feet.
5. Bollards. Bollards or a six inch curb should be placed behind the dumpster in order to protect the enclosure wall from damage. On enclosures without gates a bollard should be placed outside of the opening face, one at each corner as to not interfere with collection.  
6. Safety. Each enclosure shall provide a minimum of two-feet of clear space between each side of the dumpster and the adjacent wall surface of that enclosure, or any other dumpsters within that same enclosure. 
7. Placement. Dumpsters must be placed side-by-side. The stacking of dumpsters in a single wide enclosure will be approved only on a case-by-case basis, before construction begins. 
8. Pedestrian Access. A pedestrian opening on one wall of the enclosure for employee or customer access to the dumpster shall be required. 
9. Overhangs. Overhanging caps on the enclosure walls are prohibited. 
10. Concrete Pad. The enclosure shall be placed on a concrete pad with a concrete depth of six (6) to eight (8) inches and the pad shall extend eight-feet out in front of the enclosure. Furthermore, the floor of the enclosure and the approach to the enclosure shall be level and at the same height. 
11. Gates. Gates are strongly discouraged because of the negative impact on collection efficiency. However, any gates on the enclosures must be mounted with the hinges on the front of the posts and not on the inside. The gates must be able to be opened to at least the twelve-foot wide measurement. A gate stop or latch system must be installed on the gates so that they will remain in the open position. Gate clearance from the concrete pad shall be 4 to 6 inches to allow for ice and snow build up. 
12. Access. A minimum of sixty-feet of straight on access to the dumpster is required. Any collection point further than one-hundred-fifty (150) feet from the public right of way must provide an on-site turn around. A minimum of twenty-foot overhead clearance from building eves, parking awnings, trees, poles, overhead power or cable wires, etc. is required. 
13. Maintenance. Enclosures shall be maintained in good condition and appearance at all times. Gate latches shall be kept fully operable; it is the owner(s) responsibility to ensure that access to the enclosure is not obstructed. This includes removing snow, ensuring there is no parking in the area and repairing or rebuilding concrete pads whenever the pavement deteriorates. 
14. Visibility. Clear visibility for all interior aisles shall be maintained. Trash enclosures shall be located away from main traffic areas and be sheltered from street sight as much as possible. 
15. Residential Areas. Trash enclosure shall be located so as to minimize disturbance to single-family residential development. Trash enclosure shall be at least fifty (50) feet away from any single family residential zoning district unless it is approved by the Zoning Administrator.

1. It is the intent of this Section to ensure the timely installation of landscaping within the front yard areas of residential lots issued a building permit after December 4, 2008.
   
2. The front yard area of any residential lot containing a new dwelling shall be landscaped. It shall be unlawful for the owner of any residential lot within the City to refuse to install and maintain landscaping within the front yard area of any residential lot containing a dwelling. 
   
   1. Major Subdivisions: The front yard area shall consist of the entire lot area from and including the front planting strip to the face of the dwelling, or the front setback area, whichever is greater. Corner lots have two (2) front setback areas. On lots with unusually large frontage areas, a request for possible adjustment to this requirement may be made to the Planning Commission. 
      
   2. Minor Subdivisions: Lots not located in a major subdivision are required to landscape a minimum area of thirty (30) feet wide and eighty two and one half (82 1/2) feet in length, in front of the dwelling. If dwelling is located on a corner lot, a minimum of thirty (30) feet is also required to be landscaped on the side of the dwelling adjacent to the street. On all lots landscaping shall be properly maintained including removing weeds and mowing turf areas. Turf grass shall not exceed six inches (6") in height.
      
3. The term “landscaping” shall mean and include the installation of any combination of turf (including either sod or seeded area), planter beds, gardens, trees and shrubs, statuary, boulders, rock areas or other customary landscape features that occupy the entire unpaved portion of the front yard area.
   
   1. Xeriscape Permitted - Nothing in this Section shall be construed to prohibit the use of drought tolerant vegetation (xeriscape), and non-vegetative materials. Provided, however, failure of an owner to install and maintain landscaping within the front yard area under the guise that the vegetation and bare ground that occur naturally on the site constitutes xeriscaping shall not qualify as conforming with the provisions of this Section.
      
4. Prior to issuance of a building permit, a cash deposit of two thousand dollars ($2,000) will be issued to the City. The two thousand dollar ($2,000) construction deposit can be used to satisfy this requirement, together with a landscaping completion agreement signed by the owner of the property. The proceeds from this deposit may be released as the landscape improvements are completed, with a maximum of three (3) draws, as approved by the Zoning Administrator or other designated City Employee.
   
5. The landscape features required by this Section shall be installed within eighteen (18) months of issuance of a Final Occupancy Approval for the dwelling. Notice of this requirement shall be given to the Owner/Builder prior to, or at the time of Final Occupancy Approval.
   
6. The Zoning Administrator, or other designated City Employee, is hereby charged with the responsibility for enforcement of this Section. 
   
7. The owner of any dwelling aggrieved by the issuance of an Administrative Citation or deposit forfeiture shall have and maintain a right to appeal to the Administrative Appeals Hearing Officer, provided appeal shall be submitted not less than ten (10) days following the issuance of the Administrative Citation or forfeited deposit. 
   
8. Any public or private entity violating any of the provisions of this Section, as determined by a finding by the Zoning Administrator or other designated City Employee, shall be subject to penalties outlined in HCC 17.08.180. (Ord. 08-22)

All land within the C-2 Downtown Mixed-Use Zone, except for exclusively residential lots, not covered by buildings, streets, driveways, sidewalks, plazas, courtyards, structures, recreation facilities, and parking areas shall be permanently landscaped with trees, shrubs, lawn, or ground cover and maintained in accordance with good landscaping practices. All landscaping shall have a permanent working underground sprinkling system. 

1. Landscaping shall be designed and maintained in all parking areas. Any surface parking area that contains more than fifty (50) parking stalls shall include landscaping in the form of landscaped end islands, planter boxes, or landscape strips between parking rows, of at least two (2) percent of the parking area containing the stalls. No parking row shall contain more than thirty (30) parking stalls without including a landscaped end island. A landscape end island shall measure at least five feet by fifteen feet (5’ x 15’). 

Service stations, roadside stands, public parking lots, and all other businesses requiring motor vehicle access shall meet the requirements as hereinafter provided:

1. Access shall be by not more than two (2) roadways for each one hundred (100) feet or fraction thereof of frontage on any street, and in no event shall such roadways exceed in width forty (40) percent of the entire street frontage.
   
2. No two of the roadways shall be closer to each other than twelve (12) feet, and no roadway shall be closer to a side property line than one and one-half (1½) feet.
   
3. Each roadway shall not be more than thirty-six (36) feet in width, measured at right angles to the centerline of the driveway, except as increased by permissible curb return radii. The entire flare of any return radius shall fall within the right-of-way. For commercial businesses located on state highways SR101 and SR165 the roadway widths prescribed by the state may be used. For two directional use fifty (50) feet maximum and fifteen (15) feet minimum. For one directional use thirty (30) feet maximum and fifteen (15) feet minimum.
   
4. No roadway shall be closer than ten (10) feet to the point of intersection of two property lines at any corner, as measured along the property line, and no roadway shall extend across such extended property line.
   
5. No roadway shall be emplaced closer than thirty (30) feet from an intersection. (Measured from edge of roadway nearest intersection to the edge of the public roadway. This would be the gutter area where curb and gutter exist.)

1. Gasoline pumps shall be set back not less than eighteen (18) feet from any roadway or property line, as approved through the site plan approval process. 
   
2. Canopies over service stations may not extend beyond the property line on frontage adjoining streets or to within fifteen (15) feet of a neighboring residential lot. On corner lots they must be emplaced with the lower edge a minimum of twelve (12) feet above ground level so as to not impede vision of traffic on intersecting streets.
   

1. A residential facility for persons with a disability shall:
   
   1. be occupied on a 24-hour-per-day basis by not more than four (4) unrelated persons with a disability, as pursuant to the definition of “family” in HCC 17.04.070, unless a reasonable accommodation is granted in conformance with item H of this section;
      
   2. conform to all applicable standards and requirements of the Department of Human Services; and
      
   3. be operated by or operated under contract with that department.
      
2. The permitting process is as follows:
   
   1. Applicant shall submit an application to the City Recorder or Zoning Administrator which shows proof of ownership and agreement with the following conditions. 
      
      1. the facility meet all municipal building, safety, and health ordinances applicable to similar dwellings; 
         
      2. the operator of the facility provide assurances that the residents of the facility will be properly supervised on a 24-hour basis;
         
      3. the operator of the facility establish a municipal advisory committee through which all complaints and concerns of neighbors may be addressed;
         
      4. the operator of the facility provide adequate off-street parking space;
         
      5. the facility be capable of use as a residential facility for persons with a disability without structural or landscaping alterations that would change the structure’s residential character.
         
      6. no person who is being treated for alcoholism or drug abuse be placed in a residential facility for persons with a disability;
         
      7. no person who has demonstrated that they are a threat/danger to themselves or others, may be placed in a residential facility for persons with a disability; and
         
      8. placement in a residential facility for persons with a disability shall be on a strictly voluntary basis and may not be a part of, or in lieu of confinement, rehabilitation, or treatment in a correctional institution.
         
3. If the City Recorder and/or Zoning Administrator determines that the residential facility for persons with a disability complies with the ordinances it shall grant the requested permits to that facility.
   
4. Only one residential facility for persons with a disability will be permitted per City block, and must be at least 660 feet from another residential facility for persons with a disability.
   
5. The use granted and permitted by this subsection is nontransferable and terminates if the structure is devoted to a use other than a residential facility for persons with a disability or, if the structure fails to comply with applicable health, safety, and building codes.
   
6. Municipal ordinances prohibit discrimination against persons with a disability and against residential facilities for persons with a disability.
   
7. The decision of a municipality regarding the application for a permit by a residential facility for persons with a disability must be based on legitimate land use criteria, and may not be based on the facility’s residents. 
   
8. Reasonable accommodations required: None of the foregoing conditions shall be interpreted to limit reasonable accommodations necessary to allow the establishment or occupancy of a residential facility for person(s) with a disability.
   
   1. Application: any person or entity who wishes to request a reasonable accommodation shall make application to the Planning Commission. Said applications shall specifically articulate, in writing, the following:
      
      1. The name, mailing address, and phone number of the applicant.
         
      2. The nature and extent of the disability.
         
      3. An exact statement of the ordinance or policy from which the applicant needs a reasonable accommodation.
         
      4. The applicant reasonable accommodation(s).
         
      5. A statement detailing why a reasonable accommodation is reasonable and necessary in order to afford handicapped persons equal opportunity to use and enjoy housing.
         
      6. The physical address of the property where the facility is located.
         
   2. Decision. The Planning Commission shall render a decision on each application for a reasonable accommodation within ninety (90) days. The decision shall be based on evidence of record demonstrating all of the following:
      
      1. The requested accommodation will not undermine the legitimate purposes of existing zoning regulations notwithstanding the benefit that the accommodation would provide to a person with a disability.
         
      2. That but for the accommodation, one (1) or more persons with a disability will be denied an equal opportunity to enjoy housing within the community.
         
      3. That equal results will be achieved as between the person with a disability requesting the accommodation and a nondisabled person.
         
   3. Appeal. Any person adversely affected by a final decision of the Planning Commission may appeal that decision in compliance with HCC 17.16. (Ord. 09-04)

1. A residential facility for elderly persons may not operate as a business.
   
2. A residential facility for elderly persons shall:
   
   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 occupied on a 24-hour-per-day basis by not more than four (4) unrelated elderly persons, as pursuant to the definition of “family” in HCC 17.04.070, in a family-type arrangement. Up to eight (8) individuals may be allowed if conditions applied are consistent with those required for multi-family housing dwellings as approved by the Planning Commission. 
      
3. A residential facility for elderly persons may not be considered a business because a fee is charged for food or for actual and necessary costs of operation and maintenance of the facility.
   
4. The permitting process is as follows:
   
   1. Applicant shall submit an application to the Planning Commission requesting a conditional use permit and a permit for a residential facility for elderly persons. It will show proof of ownership (Per B-1 above) and agrees to the following conditions:
      
      1. the facility meet all municipal building, safety, zoning, and health ordinances applicable to similar dwellings;
         
      2. adequate off-street parking space be provided;
         
      3. the facility 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. only one residential facility for elderly persons will be permitted per City block, and must be at least 660 feet from another residential facility for elderly persons;
         
      5. no persons being treated for alcoholism or drug abuse be placed in a residential facility for elderly persons; and
         
      6. placement in a residential facility for elderly persons be on a strictly voluntary basis and not a part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional facility.
         
5. If the Planning Commission determines that the residential facility for elderly persons complies with the ordinances it shall grant the requested permits to that facility.
   
6. The use granted and permitted by this subsection 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.
   
7. This ordinance prohibits discrimination against elderly persons and against residential facilities for the elderly persons.
   
8. The decision of the Planning Commission regarding the application for a permit by 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. (Ord. 09-04) 

1. This ordinance is intended to set some guidelines and conditions for the temporary use of trailers, campers, and recreation vehicles on residential lots. It is recognized that many Hyrum residents use these vehicles on a temporary basis to house family and guests. The ordinance is not intended to unduly restrict that right, but rather to ensure against their long term use as a second dwelling on a residential lot.
2. No permit is required for the first seven days of occupancy. If requested, two (2) consecutive thirty (30) day permits may be issued after an inspection conducted by the city insures that all items in Section E are being adhered to. The permits are available at the City Offices.
3. A permit for houses under construction may be given for a time period not to exceed six (6) months. This permit is only available for property owners who have a lot with a house under construction. The permit is available at the City Offices. 
4. Any other permits will require approval of the Planning Commission.
5. The following conditions apply to all uses of trailers, campers, and RVs on residential lots:
   1. The vehicle will be located on a lot which either has an existing residential building or on a building lot for which a building permit has been issued.
   2. The vehicle may be temporarily hooked up to water, electrical, and sewer of the host residence.
   3. The vehicle shall not be located on public property.
   4. Only one vehicle shall be inhabited at a time.
   5. Successive “guests” shall be considered a continuation of a use if less than a thirty (30) day interval passes between previous guest usage.
   6. There shall be no charge for use of the vehicle. It is not to be considered a rental unit.
   7. Property owners are responsible to ensure that persons staying in trailers, campers, and RVs on their property shall exercise such comportment as to not disturb the residential nature of the neighborhood. Complaints by neighbors may result in cancellation or non-renewal of a permit. 

The following schedule shall apply:

1. House or accessory apartment: two (2) spaces for each unit except as provided in subsection M of this section;
2. Boardinghouses: two (2) spaces per three (3) individuals, plus one (1) additional space for each additional individual exceeding three (3)
3. Clinics or doctor's office: fifteen (15) spaces per clinic, plus three (3) additional spaces for each doctor or dentist over three (3); parking requirements shall be determined during the site plan approval process.
4. Hotel or motel: one (1) space for each unit, room or guest accommodation;
5. Restaurant or cafeteria: one (1) space for each four (4) fixed seats and one (1) space for each forty (40) square feet of floor area for moveable seats under maxi-mum seating arrangements;
6. Storage or warehouse: one (1) space for each five thousand (5,000) square feet of floor area;
7. Manufacturing, processing or repair: one (1) space for each employee working on the highest employment shift; the City Council may adjust this requirement if sufficient justification is provided.
8. Office, general: one (1) space for each employee working on the highest employment shift; the City Council may adjust this requirement if sufficient justification is provided.
9. Commercial, recreation and amusement (other than listed): one (1) space for every two hundred and fifty (250) square feet in use where business is transacted (does not include storage areas, restrooms, office areas, etc.);
10. Retail or personal service: one (1) space for each two hundred and fifty (250) square feet in use where business is transacted (does not include storage areas, restrooms, office areas, etc.);
11. Mortuaries: thirty (30) spaces for each chapel or area in which services are to be held;
12. Theaters, meeting rooms, churches and places of public assembly: one (1) space for each five (5) fixed seats and one space for fifty (50) square feet of floor area for moveable seats under maximum seating arrangement;
13. Dwelling unit occupied by up to four (4) individuals unrelated by blood, marriage or adoption: two (2) spaces per three (3) individuals, plus one (1) additional space for each additional individual exceeding three (3).

1. In computing the parking requirements for any building or development, the total parking requirements shall be the sum of the specific parking space requirements for each class of use included in the building or development.
2. Parking for a single family single-family dwelling shall be provided only in a private garage, or in an area properly located for a future garage.
3. Prior to issuance of any building permit, a plan which clearly and accurately designates parking spaces, access aisles, driveways and the relationship to the use to be served by the off-street parking shall be provided to the City Engineer. Approval will be based on:
   1. Adequate number of spaces;
   2. Relation of parking to use;
   3. All parking spaces must be usable and accessible by adequate roadway-parking configuration to be approved by City Engineer;
   4. Parking stall to be nine (9) feet by twenty (20) feet and of a hard surface such as asphalt, cement or brick. Gravel, road base, etc., are not considered hard surfaces. Access to stall (the driveway) shall also be, at minimum, sixteen (16) feet wide and will require hard surface. Residential driveway accesses (curb cuts) shall be limited to a maximum width of thirty-five (35) feet. Platted major subdivisions will require hard surface driveways to the paved street.
4. Location of Parking Space. Parking space, as required herein, shall be on the same lot with the main building, or in the case of nonresidential buildings, may be located not further than three hundred (300) feet therefrom.
5. Parking requirements for nursing homes and private schools will be determined during the review of approval for a conditional use permit.

1. The setback line from the property line for all main buildings shall not be less than twenty-five (25) feet.
2. New annexations and new subdivisions shall have a minimum lot width of eighty-two and one half (82½) feet.
3. Establishing setback for lots with concave or convex front property lines: It is intended that the nearest portion of the building to the street be setback at least twenty-five (25) feet from the front property line, and that the width of the property be not less than eighty-two and one half (82½) feet at that point (see illustration). The property may not be narrower than forty feet at the front property line.   
   
   Minimum Residential Setbacks
                                       Corner Lot House                                      Non Corner Lot House
                        Facing short or long side of yard.          The 8' and 10' side setbacks can be on either side. 
                                         Concave Property Line                         Convex Property Line
                                         The 8' and 10' side setbacks can be on either side. 

1. Side yards shall have a minimum of ten (10) feet on one side which has no encroachment (to provide vehicular access to back yard) and eight (8) feet on the other. The total width of the two required side yards shall not be less than eighteen (18) feet. On corner lots, the side yard width which faces the street shall not be less than twenty-five (25) feet for main and accessory buildings.  Also, on corner lots the back yard thirty-foot (30’) foot setback shall be allowed on the long axis of the property, irrespective of which street the house faces.   
2. The minimum setback for main building front walls shall not be less than twenty-five (25) feet from the property line. An exception is allowed if the other houses on the block, on the same side of the street, are setback less than twenty-five (25) feet.  In this case the setback shall be the average of the existing buildings, but in no case shall setback be less than fifteen (15) feet.
3. Attached garages are considered a part of the main building for purposes of establishing front, side and rear setbacks.
4. Detached garages may be emplaced at the twenty-five (25) foot front setback line but the combination of house and garage must still meet the side yard setback stipulated in “A” above if the front of the garage is not behind a line established by the back wall of the house.
5. Detached garages emplaced elsewhere on the lot shall have minimum side and rear setbacks of one (1) foot from the roof edge.
6. All other accessory buildings (ie sheds, barns, etc.) shall be emplaced at least ten (10) feet to the rear of the main building and have minimum side and rear lot line setbacks of one (1) foot from the roof edge. Persons wishing to deviate from this standard may seek exception by presenting a design for review to the Planning Commission. The Planning Commission will consider structure design, landscaping, proximity to neighboring dwellings, and other pertinent data.
7. The minimum rear yard depth from any main building shall not be less than thirty (30) feet.
8. Front setback will be measured from the property line to the nearest point on the front wall of the structure with the following exceptions:
   1. When a porch extends toward the street having a roof supported by columns. The measurement will be made to the closest column.
   2. When a structure has an extended roof overhang or porch roof in excess of two feet, the setback will be measured to the front edge of the roofline and will be reduced to a twenty-three (23) foot minimum.
   3. Where both extended roof overhang and support columns exist, the measurement will be made to whichever point (overhang or columns) that yields the greater setback.
9. Side setback will be measured from the side property line to the nearest point on the side wall of the structure with the following exceptions:
   1. If any portion of the structure (except the roof), extends closer to the property line than the side wall, it will become the measurement point (e.g. bay windows, foundations, etc).
   2. When the side roof overhang extends more than two (2) feet beyond the wall. Side setback will be measured from the property line to the roof edge. The required minimum will be reduced by two (2) feet. (Example, a roof overhang extends three feet out from the side wall and a ten (10) foot setback is required on that side. The adjusted setback of eight (8) feet would be measured from the property line to the edge of the roof).
10. Rear setback will be measured from the rear property line to the rear wall of the structure with the following exceptions:
    1. If a covered patio is attached to the house, the rear wall of the patio will become the measurement point.
11. Roofs and side lots must be designed as to ensure that snow and water runoff falls within the property on which the structure is located. Side lots must be configured so as to minimize roof runoff flowing to neighboring properties (see HCC figure 17.45.260).  

Two-family accessory apartments are permitted in this zone providing the following conditions are met:

1. The dwelling must be owner occupied.
2. A total of four (4) off-street, hard-surface parking spaces will be provided.
3. Both living spaces will have exterior access to an open yard.
4. Bedroom windows will allow emergency egress.
5. All bedroom areas will be equipped with smoke detectors.
6. Both living spaces must be part of main dwelling structure (Not as part of a detached garage or separate building) and conform to all building, fire and zoning code standards of a single-family dwelling.
7. The accessory apartment shall be designed so appearance remains that of a single-family residence.
8. Accessory apartment must be a minimum of three hundred (300) square feet.
9. A landlord license is required.

A notarized letter is required stating that the owner will continue to occupy this residence and that all the conditions for an accessory apartment have and will continue to be met. Utility account will be under the property owners name. Typically, a single electric and a single culinary water meter will provide service to the dwelling. Two monthly service charges will be billed for sewer and culinary water. (Ord. 09-04)

Every part of a required yard shall be open to the sky, unobstructed except for accessory buildings in a rear yard, the ordinary projections of skylights, sill, belt course, cornices, roof overhang, chimneys, flues and other ornamental features which project into a yard not more than four (4) feet, and open or lattice-enclosed fire escapes, fireproof outside stairways and balconies upon fire towers projecting into a yard not more than five (5) feet. One side yard shall remain unencumbered for a minimum of ten (10) feet to allow vehicular access to the back yard.

No accessory building nor group of accessory buildings in any residential zone shall cover more than fifty (50) percent of the rear yard. 

1. No concrete driveways will be permitted beyond private property lines except in areas where curb, gutter and sidewalk are installed. 
   
2. No driveway shall be emplaced closer than thirty (30) feet from an intersection. (Measured from the edge of the roadway nearest the intersection to the edge of the public roadway. This would be the gutter area where curb and gutter exist.) 

Lots meeting all area and frontage requirements, but whose severance will or has created a flag lot are acceptable as a building site provided that all of the following conditions are met. The flag lot from which it was severed must meet minimum area requirements for the zone. The driveway for the flag lot must be a minimum of 20 feet in width and be deed to the flag lot. The flag lot must contain a home which was built prior to January 28, 1976. 

Example:

On any lot under separate ownership from adjacent lots and of record as of January 28, 1976, and such lot having narrower width than required for the zone in which it is located, the widths of the side yards may be reduced as follows:

1. The widths may be reduced by the same percentage that the width of the lot bears to the width required by this Land Use Code; however, in the case of interior lots, the smaller side yard width shall not be less than five (5) feet and larger side yard width shall not be less than eight (8) feet. In the case of corner lots, the side yard adjacent to the street shall not be less than twenty (20) feet and the opposite side yard shall not be less than five (5) feet. On any lot under separate ownership from adjacent lots and with a house built before January 28, 1976, the widths of the side yards may be reduced as follows:
   1. On interior lots the small side yard width shall not be less than five (5) feet and the larger side yard width shall not be less than eight (8) feet. In the case of corner lots the side yard adjacent to the street shall not be less than twenty (20) feet and the opposite side yard shall not be less than five (5) feet. Reduction to the side yard requirement on corner yards will not be allowed within the triangular area formed by the street property lines and a line connecting them at points forty (40) feet from the intersection the street lines. (Ord. 13-02)