The purpose of development standards is to protect the general health, safety and welfare of the citizens and property owners of Iron County and to implement the Iron County general plan. Compliance with all provisions of this Title 17 and the other provisions of the land management code shall be required for the issuance of any required development approval, license or permit.

(Ord. 158 § 1 (part), 1998)

A.

All Uses, Buildings and Structures to Comply with Zoning District Requirements. Every building or structure hereafter erected, reconstructed, structurally altered, enlarged or moved, and every building, structure, premises or land used, rearranged, designed or intended for any use shall be built or used only as is permitted in the district in which such building, structure, land or use is located.

1.

All uses allowed within the county, either as a permitted or conditional use, are identified in the table of uses.

2.

All uses of land and other activities not specifically allowed as a permitted or conditional use as identified in the table of uses are deemed prohibited uses.

3.

Subject to the provisions of Title 17, all uses, buildings and structures located in the county must comply with the intensity, bulk requirements, site coverage standards and other requirements for uses identified in table of site development standards.

4.

All uses, buildings and structures located and established in the county must comply with the off-street parking requirements as contained in table of off-street parking requirements.

B.

Nothing in this title or the land management code requiring minimum lot area or lot width shall be construed to prevent the use for one single-family dwelling of any lot or parcel of land, provided that such lot or parcel of land is located in a zoning district which permits single-family dwellings and was a legally divided lot and existed at the time such lot area and lot width requirements became effective, either by adoption of the ordinance codified in this title, the land management code or prior enactments, and provided further that all proposed construction can qualify for the issuance of a building permit as required by other provisions of the land management code and the county's building codes.

Additionally, for properties in the A-20 zone with less than twenty acres, but at least five (or more acres, other uses identified in the Table of Uses (Section 17.16.030) specific to the A-20 zone, identified as permitted, administrative, or conditional uses, except for kennels, may be authorized as described in the Table of Site Development Standards (Section 17.16.040(3)).

C.

Subdivision and Sale of Property. No person shall subdivide any parcel of land located wholly or in part within Iron County for development purposes unless a plat thereof is first created in compliance with the requirements of this title and all other applicable laws and requirements of the county and the state of Utah, which plat shall be recorded in the office of the Iron County recorder.

D.

Lots in Two or More Districts. Where a lot of record at the time of passage of this title or any amendments thereto falls into two or more districts, the more restrictive zoning district provisions shall apply.

E.

Required Yard Areas for One Building Only. No required yard or setback area for any building or lot required for the purpose of complying with the provisions of this title shall be considered as providing the required yard or setback for any other building or lot.

F.

Every Dwelling, Nonresidential Building and All Associated Accessory Structures to be on a Lot. All primary structures and all associated accessory structure(s) shall be located and maintained on a deeded lot, except for planned, grouped or clustered structures or buildings approved under the provisions of this title, the land management code and any other applicable law of the county which may be effective.

G.

Required Yards to be Unobstructed—Exceptions.

1.

All yard areas are required to be open to the sky and unobstructed except for permitted and approved accessory buildings and for projection of sills, cornices, and other ornamental features and unenclosed steps and unwalled stoops and porches, provided that all buildings or parts thereof comply with the required yard requirements of the district in which they are located.

2.

Underground structures, such as swimming pools, storage tanks, etc., may be located in a required yard area, provided that such structures shall not be located closer than fifteen feet to any property line.

3.

Walls and fences complying with the requirements of this title or the conditions of a development approval.

H.

Maximum Lot Coverage of Accessory Buildings.

1.

No accessory building shall be located within any required front yard.

2.

No accessory building(s) shall cover more than twenty percent of the required rear or side yards.

I.

Construction in Critical Areas Prohibited. No building or structure (except for a required public utility and necessary roads) shall be constructed on areas determined to be critical areas as identified, including; (i) areas of steep slope of thirty percent grade or greater, and (ii) jurisdictional wetlands as identified by the U.S. Army Corps of Engineers.

(Ord. 158 § 1 (part), 1998; Ord. No. 2013-2, § 2, 5-13-2013; Ord. No. 2022-5, § 2, 9-26-2022)

No parcel or lot which does not conform to the zoning district requirements in which it is located may be created for the purpose, whether immediate or future, of any building, use or development allowed by this title and the land management code.

(Ord. 158 § 1 (part), 1998)

No area needed to meet the lot width, yard, area, setback, coverage, parking or other requirements of this title for a lot or building may be sold or leased separate from such lot or building.

(Ord. 158 § 1 (part), 1998)

Every dwelling or building shall be on a "lot" as defined in this Title 17 unless specifically allowed in the conditions of a development order or development permit. Every dwelling or each nonresidential structure shall face or front upon a road or other approved access.

(Ord. 158 § 1 (part), 1998)

Every lot shall have frontage upon a dedicated or publicly approved road or street, or right-of-way providing access to a dedicated or publicly approved road or street, or to a county approved private right-of-way.

(Ord. 158 § 1 (part), 1998)

Fences, walls and hedges shall not exceed six feet in height.

(Ord. 158 § 1 (part), 1998)

The front yard shall be measured from the property line to the front face of the building, covered porch, covered terrace, deck, porch or attached accessory building.

(Ord. 158 § 1 (part), 1998)

A.

Every part of the required side or rear yard shall be open and unobstructed except for accessory buildings as permitted by this title and the ordinary projection of window sills, cornices and other ornamental features projecting not more than twelve inches.

B.

Open or lattice-enclosed fire escapes, fireproof outside stairways, balconies opening upon fire towers and ordinary projections of chimneys and flues may be allowed by the building official to project into a required yard area up to a maximum distance of three feet.

(Ord. 158 § 1 (part), 1998)

A.

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

B.

Public buildings may exceed the maximum height allowed in the zoning districts in which they are located provided approval is granted following the conditional use procedures contained in this title.

(Ord. 158 § 1 (part), 1998)

Buildings which are accessory to residential structures may be multiple-story buildings erected to a height of no greater than thirty-five feet.

(Ord. 158 § 1 (part), 1998; Ord. No. 2011-5, § 1, 6-13-2011)

In all zoning districts, no obstruction to view in excess of two feet in height 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 from the intersection of the street lines except a reasonable number of trees pruned to permit unobstructed vision to automobile drivers and pumps at gasoline service stations.

(Ord. 158 § 1 (part), 1998)

As required by this section, all applications for development approval or building permits shall be accompanied by the appropriate permits or letters of approval from the Southwest Utah Public Health Department or the Utah Department of Environmental Quality, as applicable, prior to approval by the county.

A.

Water Requirements.

1.

In all cases where a proposed building or proposed use will require culinary water (drinking water) and the proposed building or proposed use will not be connected to an existing public water supply, approval for the new culinary water system must be obtained from the Southwest Utah Public Health Department or the Utah Department of Environmental Quality, as applicable.

2.

For any building or use with more than seven culinary water connections, or where twenty-five or more people will be served sixty or more days a year, approval of the culinary water system must be obtained from the Utah Department of Environmental Quality. For any building or use with fewer than seven culinary water connections, or where fewer than twenty-five people will be served, or where twenty-five or more people will be served fewer than sixty days a year, approval of the culinary water system must be obtained from the Southwest Utah Public Health Department.

B.

Sewage Requirements.

1.

Connection to a state-approved sewer system is required if sewer lines are within three hundred feet of any part of the property proposed for development. For properties proposed for residential development, an additional one hundred fifty feet per lot or residential unit will be added for each lot or dwelling unit proposed.

2.

In all cases where a proposed building or proposed use will generate wastewater, and the proposed building or proposed use will not be connected to an existing sewer, approval for wastewater disposal shall be obtained from the Southwest Utah Public Health Department or the Utah Department of Environmental Quality, as applicable.

3.

For any building or use where an individual wastewater disposal system (septic system) is proposed, of less than five thousand gallons of wastewater flow per day, approval shall be obtained from the Southwest Utah Public Health Department. For any building or use where a large wastewater disposal system is proposed with greater than or equal to five thousand gallons of wastewater flow per day, approval shall be obtained from the Utah Department of Environmental Quality.

(Ord. 158 § 1 (part), 1998)

(Ord. No. 2024-1, § 3(Exh. C), 1-22-2024)

A.

Water Conservation.

1.

The following water-efficient landscape standards shall apply to all new residential developments and residential construction:

a.

The area within the public right-of-way between the curb and gutter, or road travel way, and the property line or sidewalk, otherwise known as the park strip, shall not be landscaped with lawn.

b.

Lawn areas shall not be less than eight feet wide at their narrowest point.

c.

Lawn areas shall not exceed fifty percent of the total landscaped area for front and side yards. Lawn limitations do not apply to small residential lots with less than two hundred fifty square feet of landscaped area.

2.

Other Developments. In new commercial, industrial, institutional, and multifamily development common area landscapes, lawn areas shall not exceed twenty percent of the total landscaped area, outside of active recreation areas. In addition, there shall be no lawn in landscaped areas less than eight feet in width, and no lawn in park strips.

(Ord. No. 2024-4, § 1, 6-10-2024)

Wherever a required front yard faces on a road or street for which an official map has been recorded in the office of the county recorder, the depth of such front yard shall be measured from the mapped street line provided by the official map.

(Ord. 158 § 1 (part), 1998)

The storage of commercial vehicles, excluding agricultural machinery and equipment ancillary to an agricultural use, and the storage of construction equipment shall not be permitted on any lot in any agricultural or residential district, provided that construction equipment may be stored on a lot during construction of a building thereon, but shall not exceed one year.

(Ord. 158 § 1 (part), 1998)

All swimming pools and pools areas shall be completely surrounded by a fence or wall having a height of at least six feet. No openings larger than thirty-six square inches, except for gates which shall be equipped with self-closing and self-latching devices, shall be provided.

(Ord. 158 § 1 (part), 1998)

A.

Concessions, including but not limited to amusement devices, recreational buildings, caretakers' dwellings and refreshment stands shall be permitted to be situated on a public park or playground when approved by the board of county commissioners, provided it can be shown that the concession is in the interest of the public and is in harmony with the objectives and purposes of this title and the characteristics of the zone district in which it is located.

B.

All concessions providing the sale or serving of food and beverage shall comply with the Department of Health Food Service Rules and shall receive a food service permit from the Southwest Utah Public Health Department.

(Ord. 158 § 1 (part), 1998)

Notwithstanding any other provision of this title, all buildings abutting a highway having a state or federal designation (except nonaccess highways), shall be set back at least fifty feet from the highway right-of-way line.

(Ord. 158 § 1 (part), 1998)

All landfills and transfer stations shall be maintained in accordance with the standards of the State Department of Environmental Quality. Transfer stations shall be in compliance with Utah Administrative Code R315-313-2. Landfills shall be in compliance with Utah Administrative Code R315-302-1.

(Ord. 158 § 1 (part), 1998)

The banks of all gravel, sand, clay and top soil pits and similar excavations shall be smoothed and reconditioned so as not to be hazardous or unsightly at the termination or operation of use. Before a permit for a gravel, sand, clay or top soil pit or similar excavation shall be issued, a bond or other assurance shall be furnished to the county sufficient to ensure reclamation of the excavated area. See Section 17.36.200, Land disturbance permit.

(Ord. 158 § 1 (part), 1998)

(Ord. No. 2024-1, § 3(Exh. C), 1-22-2024)

Any use which emits or is likely to emit noise, smoke, dust, odor or vibration in amounts sufficient to substantially depreciate values of surrounding buildings or lands or which substantially deprives the owners of adjoining property of the use of their lands shall be prohibited. This shall include the prohibition against the industrial and commercial use of land in areas zoned for agricultural and residential use.

(Ord. 158 § 1 (part), 1998)

All property owners shall comply with the requirements of the "Utah Noxious Weeds Act," Title 4, Chapter 17, Utah Code Annotated, 1953, as amended. Should the terms of said section be repealed, amended or modified, property owners shall comply with any successive state regulation of noxious weeds.

(Ord. 158 § 1 (part), 1998)

Unless permitted as a use allowed by the zoning district as identified in the table of uses, the location or storage of mobile homes, travel trailers and mobile homes outside of mobile home parks, travel trailer parks and campgrounds, and the location or storage of recreational vehicles, boats, camping trailers and truck campers shall be subject to the following:

A.

At no time shall the mobile home, travel trailer, recreational vehicle, boat, camping trailer, truck camper or motor home be occupied or used for living or sleeping purposes for more than sixteen days (recreational vehicle temporary use) or one hundred eighty-day (recreational vehicle seasonal use), outside of an established travel trailer or mobile home park. An exception is recognized when the county building official grants a building permit to insure positive utility connections for sewer and water; a residential solid waste service is secured; and, adequate winter provisions are made to keep water and sewer from freezing.

B.

If a mobile home, travel trailer, recreational vehicle, boat, camping trailer, truck camper or motor home is located or stored outside of a garage or carport, it shall be placed behind the front line extended of the primary residence, except for loading and unloading purposes, which is permitted for a period of time not to exceed seventy-two hours. Storage of a travel trailer or recreational vehicle, boat, camping trailer, truck camper or motor home is not permitted in the R-2, R-1 and R-1/2 residential zoning districts unless a privately occupied residence exists on the same lot.

C.

Property Owner-Occupant Exemption. Except for properties in the R-1/2 lots zoning district, and for properties in any subdivisions with paved streets, curb, gutter, sidewalks and subject to private covenants and restrictions, the owner of a legal lot of record may, in lieu of providing documentation to comply with the timeliness and subsections 1, 2, 3 and 4 of this section, provide an affidavit to the Iron County Building and Zoning department stating under penalty of perjury that:

1.

The property owner is the legal owner of record of the lot property described in the instrument affidavit by legal description and parcel number.

2.

The property owner is an occupant of the recreational vehicle;

3.

The property owner assumes personal responsibility for water supply, vehicle winterization, and sewage waste disposal in accordance with state and county health regulations, or through a legally permitted off-site system or service; and

4.

A residential solid waste service shall be provided:

a.

For "recreation vehicle seasonal use," the same as mountain cabin properties (five months of service) + one-time trash can fee, and

b.

For more than one hundred eighty days per year, the same as a residential solid waste service for a permanent residence on the property.

(Ord. 158 § 1 (part), 1998)

(Ord. No. 2021-1, § 1, 2-8-2021)

A.

A recreational vehicle temporary use may occur on any legal lot of record in any of the following agricultural or residential zoning district of the county (A-20, RA-20, RR-20, R-5, R-2, R-1, R-1/2, R4K) subject to the following:

1.

Self-contained bathroom facilities must be provided in the recreational vehicle or by use of a portable chemical toilet. No human waste may be deposited or left on the property.

2.

Garbage must be contained and removed from the property with no garbage left on the property, loose or in containers.

3.

Campfires are permitted in approved fire rings and it shall be the responsibility of the occupants to know if fire restrictions are in effect before starting campfires.

4.

Camping must remain at least one hundred feet from any stream or open water body.

(Ord. No. 2021-1, § 4, 2-8-2021)

A.

A recreational vehicle seasonal use may occur on any legal lot of record in any of the following agricultural or residential zoning districts of the county (A-20, RA-20, RR-20, R-5, R-2, R-1, R-1/2) subject to the following:

1.

Qualification for Recreational Vehicle Seasonal Use. In order to apply for a recreational vehicle seasonal use building permit, the proposed property must have limited seasonal access, from a class B county road, because of seasonal road closures due to lack of maintenance during the winter months and/or the condition of the county road. Such county roads may be posted "closed" and designated to provide ingress and egress for seasonal use only during portions of the year when weather conditions are favorable.

2.

Building Permit. No placement or use of a recreational vehicle for longer than sixteen days shall occur, except pursuant to a validly issued, unexpired and unrevoked building permit. Applicants for a building permit shall submit an approved final site plan, proof of proper sewage treatment or containment option, an approved culinary water source, and a 'cabin equivalent' solid waste service prior to obtaining of a building permit. The permittee shall proceed only in accordance with the approved building permit, and any approved conditions.

3.

Sewage Requirements. The Southwest Utah Public Health Department and the Utah Department of Environmental Quality shall be considered the county's experts in evaluating the proposed sewage treatment system or containment option. It shall be the responsibility of the applicant to provide information and materials as required by the Southwest Utah Public Health Department, the Utah Department of Environmental Quality, as applicable, necessary to evaluate the proposed sewage treatment system.

4.

Hauling of Water. The hauling of water as a proposed source of culinary water may be allowed for the establishment of a recreational vehicle seasonal use, and is thereby restricted by the approval of a recreational vehicle seasonal use for occupancy to a maximum of one hundred eighty days, or less, for each calendar year (see Section 15.06.030 for details on water hauling regulations/approval for culinary purposes). When water hauling is proposed, a recorded "Declaration — Voluntary Deed Restriction for Hauling of Water Restrictive Covenant" is required.

5.

Solid Waste Service. A residential solid waste service shall be required the same as mountain cabin properties (five months service) plus a one-time trash can fee.

6.

Space Rental Prohibited. Any compensation for placement of a seasonal use recreational vehicle requires it to be located in an approved "travel trailer park" permitted in accordance with Section 17.16.030.

7.

Location and Setbacks. Any recreational vehicle space shall be located on the lot or parcel to be in compliance with all setbacks for the zoning district in which the lot or parcel is located.

(Ord. No. 2021-1, § 4, 2-8-2021)

A.

One single recreational vehicle space may be created on any legal lot of record in any of the following agricultural or residential zoning districts of the county (A-20, RA-20, RR-20, R-5, R-2, R-1, R-1/2) subject to the following:

1.

Qualification for Recreational Vehicle Space. In order to apply for a recreational vehicle space, the proposed property must have an existing permanent residential dwelling located on the same property and have adequate space to accommodate a recreational vehicle space within the setback limitations for the zoning district in which the property is located. A recreational vehicle is not considered an accessory structure.

2.

Administrative Land Use Permit Required. No recreational vehicle may be placed for use or occupancy on a recreation vehicle space unless an administrative land use permit has first been obtained.

3.

Utility Requirements. The Southwest Utah Public Health Department and the Utah Department of Environmental Quality shall be considered the county's experts in evaluating the proposed water and sewage services for a recreational vehicle space. It shall be the responsibility of the applicant to provide information and materials as required by the Southwest Utah Public Health Department, the Utah Department of Environmental Quality, as applicable, necessary to determine the adequacy of any proposed utility connections for water and sewage.

4.

Solid Waste Service. Proof of a residential solid waste service for the permanent residence on the property shall be required for the recreational vehicle space application and be considered adequate for the use of the recreational vehicle space.

5.

Space Rental Prohibited. Any compensation for placement or use of the recreational vehicle on a recreational vehicle space in conjunction with a residential dwelling shall be prohibited.

6.

Location and Setbacks. Any recreational vehicle space shall be located on the lot or parcel to be in compliance with all setbacks for the zoning district in which the lot or parcel is located.

(Ord. No. 2021-1, § 4, 2-8-2021)

Animals ordinarily permitted within a home and kept for company or pleasure such as dogs, cats and birds, including not more than two dogs and two cats over four months of age and not more than a total of four animals. Household pets do not include inherently or potentially dangerous animals, fowl or reptiles.

(Ord. 158 § 1 (part), 1998)

For properties located in subdivisions recorded with the county recorder, residential districts (R-5, R-2, R-1 and R-1/2), the keeping of domestic animals is permitted limited to the following:

A.

For the purpose of this title, domestic animals shall be limited to horses, mules, donkeys, cows, sheep, llamas/alpacas, goats, swine, rabbits, geese, ducks, turkeys, and chickens.

B.

Animals, stables, barns, and accessory buildings for the accommodation of animals is not permitted in the R-2, R-1 and R-1/2 districts unless a privately occupied residence exists on the same lot.

C.

All permitted animals and fowl are to be adequately maintained in a sanitary and healthful manner to prevent annoyances, offensive odors, insects or disease. All animals must be adequately restrained to prevent escape from the lot, marauding nuisance or damage to other property.

D.

Large animals (horses, donkeys, mules or cows) may graze to the property lines, but all animals must be cared for, maintained, fed and watered, and where provided, housed, within the boundaries of the applicable side and rear building setbacks and at least sixty feet from the property line adjacent to any public street. All barns, sheds, pens and corrals for the keeping of any animals allowed in the district shall be located with applicable setbacks and at least fifty feet from any existing dwelling, church or any other building not located on the lot which structure is used for human occupancy.

E.

Prior to an investigation of any violation of this section, the county zoning administrator, or his designee, may require a minimum of three written complaints signed from affected property owners within a one mile radius prior to doing an investigation of the accused violation.

F.

Any person deemed to be in violation of this title shall clean up such violation within thirty days of notice of each violation. Such violations will be punishable as outlined in this title.

1.

It will be the duty of the county zoning administrator, or designee, to investigate any violation as described in the above sections and ascertain the names of the owners or occupants of such premise and to serve such person notice in writing, either personally or by mailing notice, postage prepaid to the owner or occupant of the last known post address as disclosed by records of the county recorder, requiring such owner or occupant as the case may be, to eradicate, remove, and correct the same within such time as the zoning administrator may designate, which shall not be less than ten days from the date of the service of such notice. One notice shall be deemed sufficient on any lot or parcel of property for the issue of addressing such violations. The zoning administrator or his designee, shall make proof of service of such notice under oath and file the same in the office of the county clerk.

2.

If any owner or occupant of land described in the notice referred to above shall fail or neglect to eradicate or address the violations stated by the zoning administrator in accordance with such notice, it shall be the duty of the zoning administrator or the county sheriff's office, at the expense of the county, to employ necessary assistance and cause such violation to be eradicated, removed, and corrected. The zoning administrator shall prepare an itemized statement of all expenses incurred in the eradication, removal, or correction of the same and shall mail a copy thereof to the owner demanding payment within twenty days of the date of mailing. Such notice shall be deemed delivered when mailed by registered mail, addressed to the property owner's last known address listed in the records of the county recorder's office.

3.

Any expense incurred by the county in eradicating, removing or correcting the violation is paid by the property owner of record or the person in possession of the property, as the case may be, within twenty days after receipt of the charges incurred by the county. If not paid within twenty days after notice of the charges, the charges become a lien against the property and are collectible by the county treasurer at the time general property taxes are collected.

4.

Any violation prosecuted by the zoning administrator or the county sheriff's office under this title shall be deemed an infraction.

G.

Other domestic animals not mentioned herein may be kept subject to securing an administrative land use permit which may limit the number of animals and the conditions under which they may be kept, including the location of any structure for their housing.

(Ord. 158, § 1, 1998; Ord. 161 § 1, 1998; Ord. No. 2019-8, § 4, 11-12-2019)

In addition to meeting the definition thereof, on-farm permanent farm worker dwelling units are subject to the following requirements:

1.

The number of permanent farm worker dwelling units may not exceed the amount that corresponds to the year-round, long-term employment needs of the farming operation. However, in no case shall more than eight attached permanent farm worker dwelling units be approved for any one farm operation.

2.

The dwelling units may be constructed in attached or detached configurations; provided they must be in a relatively closely-spaced cluster(s), with no more than four dwelling units in any building.

3.

The farm worker dwelling unit(s) shall be located on a single parcel, which parcel shall also contain a significant (preferably majority) portion of the farm operation that employs the permanent farm worker(s).

4.

Mobile homes, travel trailers, R.V.s, tents, yurts, and other temporary structures shall not be utilized for permanent farm worker dwelling units. All permitted farm worker housing structures shall conform with the building requirements of a "dwelling, single-family," "dwelling, multiple-family," or "manufactured home," as defined and regulated by the Iron County zoning ordinance.

5.

Primary zoning setback requirements from property lines are applicable to the unit(s), while setbacks between units shall only be subject to building and fire code requirements.

6.

Vehicle access to the dwelling units shall be constructed to applicable county standards and be taken directly from a county or state maintained roadway, or a similarly improved and maintained roadway. If the roadway is classified as a collector or arterial, all farm worker dwelling units shall share a single road approach, as approved by the county engineer. It is preferred that all farm worker dwelling units utilize a shared single road approach to the public roadway regardless of roadway classifications, whenever possible.

7.

The dwellings shall not be divided or sold separately from the parcel containing the farm use for which they were authorized.

8.

Each farm worker dwelling unit shall be occupied by only one family, as defined in the Iron County [zoning] ordinance.

(Ord. No. 2011-6, § 1(Exh. A, II), 10-24-2011)

Guest houses may be authorized as an administrative land use permit by the zoning administrator in zones established in Section 17.16.030, Table of Uses, and in accordance with the provisions of Chapter 17.38, Administrative Land Use Permits.

The maximum number of guest houses allowed (in addition to the primary dwelling) for each legal lot of record shall be as follows:

Note: If legal lots of record within the A-20, RA-20, or RR-20 zoning district are less than ten acres in size, the number of guest houses allowed shall be the same as the R-5 zoning district (one).

Regulations. Upon receipt of a complete application, the zoning administrator shall grant a permit for a guest house if the zoning administrator finds that all of the following requirements are met.

The proposed guest house:

A.

Shall not be recorded under a separate deed from the principal dwelling and shall not be sold separately from the principal dwelling;

B.

May be rented separately or as part of the principal dwelling;

C.

If attached to the principle dwelling, will be considered a duplex, which is not permitted in any zone;

D.

Shall be subject to the setbacks and separations established in the respective zone for dwellings;

E.

Must be consistent with the principal dwelling in building type, i.e., architectural style, color, etc.;

F.

Must provide adequate water and sewer resources and facilities (quantity and quality), including but not limited to, certification by the appropriate water and sewer authority or public health authority that the water and sewer services are adequate for the projected number of residents;

G.

Must be situated and oriented on the property to reduce the potential to invade the privacy of adjoining dwellings (on the same lot and surrounding properties) and maintain the aesthetics of the neighborhood, considering the physical characteristics surrounding the guest house, including landscape screening, fencing and window and door placement;

H.

Must provide for two off-street parking spaces particular to the guest house;

I.

Must share the same access to a public right-of-way as the principal dwelling, unless an alternative access is authorized by the Iron County engineer;

J.

Dwellings meeting the definition of a "mobile home" are prohibited; and,

K.

Must comply with all required federal and state licensing/permitting requirements.

(Ord. No. 2013-3, § 7, 5-28-2013; Ord. No. 2014-9, § 4, 10-13-2014; Ord. No. 2021-3, § 5, 4-12-2021; Ord. No. 2024-2, § 4, 4-8-2024)

Expanded home occupations may be authorized as an administrative land use permit by the zoning administrator in zones established in Section 17.16.030, Table of Uses, and in accordance with the provisions of Chapter 17.38, Administrative Land Use Permits.

Regulations.

On receipt of a complete application, the zoning administrator shall grant a permit for a home occupation if the zoning administrator finds that all of the following conditions and requirements are met.

The expanded home occupation:

A.

Shall not employ more than one individual that does not reside full-time (not less than nine months per year) in a dwelling unit on the property;

B.

May establish child care consistent with state of Utah regulations and appropriately licensed by the state to include not more than sixteen children;

C.

Business must be compatible with, and incidental and secondary to, the residential use of the property;

D.

Retail sales shall be limited to items which are incidental to the service provided;

E.

May utilize only one motorized vehicle in association with the home occupation and it shall not exceed one ton rated capacity and one trailer which does not exceed twenty feet in length, with adequate off-street parking provided for such business vehicle and any visiting clientele. No commercial vehicles shall be used in the business. Permitted trailers with advertising on them may not be stored or parked on the street or in the front yard of the dwelling;

F.

Dwelling and accessory structures must retain architecture and outside appearance as a residence and residential neighborhood;

G.

Does not result in abnormal levels of noise or vibration, light, odor, dust, smoke, or other air pollution noticeable at or beyond the property line or create radio interference or television interference which are not commonly created by residential use;

H.

Has signage limited to a non-illuminated identification sign two square feet or less in size;

I.

Does not produce traffic volumes exceeding that produced by the dwelling unit by more than twenty average daily trips or a maximum of thirty-six trips during any twenty-four-hour period;

J.

Does not include nursing homes, restaurants, boarding houses; the storage or sale of flammable, explosive, or hazardous materials; junk or salvage yards; sexually oriented businesses; automotive repair or body work or painting, towing operations, or vehicle sales or rentals; and complies with all required federal and state licensing/permitting requirements; and

K.

The principle dwelling on the property must be occupied by the owner and proprietor of the expanded home occupation.

(Ord. No. 2013-3, § 8, 5-28-2013)

A.

Title. This section shall be referred to as the "Short-Term Rentals Ordinance."

B.

Purpose. The purpose of this section is to establish regulations for the use of privately owned residential dwellings as short-term rentals that ensure basic health and safety to renters and neighbors, assist in the collection and payment of transient room taxes (TRT) and appropriate sales and use taxes, and minimize the negative secondary effects of such use on surrounding residential neighborhoods and/or governmental services.

This section is not intended to provide any owner of residential property with the right or privilege to violate any private conditions, covenants and restrictions applicable to the owner's property that may prohibit the use of such owner's residential property for short-term rental purposes as defined in this section.

C.

Definitions. For purposes of this section, the following words and phrases shall have the meaning respectively ascribed to them by this subsection:

"Applicable laws, rules and regulations" means any laws, rules, regulations and codes (whether local, state or federal) pertaining to the use and occupancy of a privately owned dwelling unit as a short-term rental.

"Applicant" means the owner of the short-term rental unit or the owner's authorized agent or representative.

"Local contact person" means the person designated by the owner or the owner's authorized agent or representative, for the purpose of: (1) responding to complaints regarding the condition, operation, or conduct of occupants of the short-term rental; and (2) taking remedial action to resolve any such complaints.

"Operator" means the owner or the designated agent or representative of the owner who is responsible for compliance with this section with respect to the short-term rental.

"Owner" means the person(s) or entity(ies) that hold(s) legal and/or equitable title to the subject short-term rental.

"Property" means a residential legal lot of record on which a short-term rental is located.

"Rental term" means a separate defined period of time during which the dwelling is rented to a particular occupant, similar to a hotel reservation.

"Short-term rental" means a privately owned residential dwelling, such as, but not limited to, a single-family dwelling or multiple-family dwelling, apartment house, guest house, duplex, rented for occupancy for dwelling, lodging, or sleeping purposes for any period less than thirty consecutive days, when the owner is not present.

"Short-term rental business license" means a county issued business license that allows the use of a privately owned residential dwelling as a short-term rental unit pursuant to the provisions of this section and any other potential licensing required in Iron County or Utah State Code.

"Transient" for purposes of this section means any person who seeks to rent or who does rent a privately owned residential unit for a period less than thirty consecutive days.

"Zoning administrator" means that person acting in the capacity of the zoning administrator of Iron County or designee.

D.

Authorized Agent or Representative.

1.

An owner may designate an agent or a representative to comply with the requirements of this section on behalf of the owner. The owner or designated agent or representative is referred to as "operator" in this section.

2.

Notwithstanding subsection 1, the owner shall not be relieved from any responsibility or liability for noncompliance with any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term rental, regardless of whether such noncompliance was committed by the owner's authorized agent or representative or the occupants of the owner's short-term rental or their guests.

E.

Short-Term Rental Business License—Required. The operator is required to obtain a short-term rental business license from the county, pursuant to the provisions of this section and Chapter 5.04 respectively, before renting any privately owned residential dwelling to any transient for a period less than a monthly basis. A short-term rental business license shall be required to be renewed on an annual basis according to Section 5.04.060 in order to remain valid.

F.

Application—Submittal Requirements.

1.

The operator must submit the following information for a short-term rental business license:

a.

Completed application for a short-term rental business license, signed by the owner or his/her designee, which shall be available for public viewing.

b.

Proof of ownership of the short-term rental property.

c.

The name, address, and telephone number of the owner of the subject short-term rental;

d.

The name, address, and telephone number of the operator;

e.

The address of the proposed short-term rental;

f.

The number of bedrooms of the proposed short-term rental;

g.

An acknowledgment that the short-term rental property owner and agent of the owner, if any, have read all regulations, including, but not limited to, the standards set forth in this section, pertaining to the operation of a short-term rental.

h.

The short-term rental property owner, and operator if any, shall sign and certify the accuracy of the information submitted and agree to comply with all regulations.

i.

Copies of currently valid county and state sales, use and lodging tax licenses in the name of the short-term rental property owner or operator, including the Utah Tax ID number obtained through licensing/registration with the State of Utah Tax Commission for the collection and payment of applicable county transient room tax and all state and local sales and use tax.

2.

The short-term rental business license application shall be accompanied by an application fee established in Section 5.04.070, License—Fee—Determination.

3.

The county clerk shall issue a county business license, as provided in Chapter 5.04, which will incorporate the short-term rental business license, if the applicant also satisfies the requirements of this section and Section 3.08.060.

4.

A short-term rental business license application may be denied if the applicant has had a prior short-term rental business license for the same unit revoked within the past six calendar months.

5.

Within thirty days of a change to a different person or entity than that for whom an existing short-term rental business license has been issued, or any other change in material facts pertaining to the information contained in the short-term rental business license, the new owner or operator shall submit an application and requisite application fee for a new short-term rental business license, which must be obtained prior to continuing to rent the subject unit as a short-term rental.

G.

Short-Term Rentals, Standard Requirements.

1.

Short-term rentals are subject to the following requirements:

a.

Short-term rental is a permitted use in all zones that permit a residence or residential facility per Section 17.16.030.

b.

In order to satisfy basic public health and safety standards, each incidental short-term rental must contain:

i.

One operable fire extinguisher;

ii.

One operable smoke detector in each bedroom, in the major living areas, and on each floor (the major living area can count for the detector on that floor);

iii.

An operable carbon monoxide detector on each floor installed per the manufacturer's specifications, when gas appliances are utilized in the structure;

iv.

A posted map showing property boundaries, parking spaces, emergency exits and local emergency contact numbers; and

v.

Parking associated with a short-term rental shall be provided on the subject property. Street parking immediately in the front of the short-term rental property may be considered 'on the subject property'.

H.

Operational Requirements and Standard Conditions—All Short-Term Rentals.

1.

General Practice. The operator shall use reasonably prudent business practices to ensure that the short-term rental is used in a manner that complies with all applicable laws, rules and regulations pertaining to the use and occupancy of the subject short-term rental unit, including Chapter 5.04, Business Regulations Generally, and Chapter 3.12, Transient Room Tax.

2.

Noises and Nuisances. Occupants of the short-term rental shall comply with the standards and regulations of the Iron County Code, Chapter 8.20, Nuisances, and Section 8.20.060, Noises. No radio receiver, musical instrument, phonograph, compact disk player, loudspeaker, karaoke machine, sound amplifier, or any machine, device or equipment that produces or reproduces any sound shall be used outside or be audible from the outside of any short-term rental between the hours of ten p.m. and ten a.m.

3.

Renter Notification. The operator shall provide the occupant(s) of the short-term rental with the following information prior to occupancy of the rental and/or shall post such information in a prominent location within the rental unit:

a.

Operator name and local emergency contact information;

b.

Trash pick-up day and applicable rules and regulations pertaining to leaving or storing trash on the exterior of the property; and

c.

Notification that the occupant and/or owner may be citied or fined by the county if in violation with this section and/or Section 8.20.060, Noises.

4.

Operator Availability. While a short-term rental unit is rented, the operator shall be reasonably available, in person or electronically, for the purpose of responding to complaints regarding the condition, operation, or conduct of occupants of the short-term rental, or their guests.

5.

Operator Responsibility for Guest's Conduct. The operator and/or the designated local contact person shall use reasonably prudent business practices to ensure that the occupants and/or guests of the short-term rental do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term rental.

6.

Operator Response to Complaint. The operator and/or the designated local contact person shall upon notification that any occupant and/or guest of the short-term rental has created unreasonable noise or disturbances, engaged in disorderly conduct, or committed violations of any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term unit, promptly respond to immediately halt or prevent a recurrence of such conduct by the occupant(s) and/or guest(s). Failure of the owner, and/or operator to respond to calls or complaints in a reasonable time regarding the condition, operation, or conduct of occupants and/or guests of the short-term rental, the owner and/or operator may be subject to all administrative, legal and equitable remedies available to the county.

7.

Trash and Refuse. Trash and refuse shall not be left stored within public view, except in proper containers for the purpose of collection by the county's authorized waste hauler on scheduled trash collection days. The operator shall use reasonably prudent business practices to ensure compliance with all the provisions of Chapter 8.08, Garbage Collection and Disposal, of the county code.

8.

License Posted. The operator shall post a copy of the short-term rental business license in a conspicuous place within the short-term rental.

9.

Modification of Standards. The standard conditions set forth herein may be modified by the zoning administrator, or designee, upon request of the operator based on site-specific circumstances for the purpose of allowing reasonable accommodation of a short-term rental. All requests must be in writing and shall identify how the strict application of the standard conditions creates an unreasonable hardship to a property such that, if the requirement is not modified, reasonable use of the property for a short-term rental would not be allowed. Any hardships identified must relate to physical constraints to the subject site and shall not be self-induced. Any modifications of the standard conditions shall not further exacerbate an already existing problem.

I.

Violations/Enforcement.

1.

Permit Modification, Suspension and Revocation. Three written violations of any provision of this section by any of the occupants, owner(s) and/or the operator may constitute grounds for modification, suspension and/or revocation of the short-term rental business license and/or any affiliated licenses or permits pursuant to the provisions set forth in Section 5.04.150, Violation—Penalty, of the county code.

a.

Whenever any operator fails to comply with any provision of this section, the zoning administrator or designee, and the county clerk, or designee, working together, after giving the operator and/or owner thirty-day notice in writing and providing for the opportunity to show cause as to why the short-term rental owner or operator should not be issued a written violation, may then issue said written violation.

b.

The zoning administrator, or designee, shall give to the operator and/or owner written notice of the violation. The notices required in this section may be served by certified mail.

2.

Notice of Violation. The county may issue a written violation to any occupant, owner(s) or operator, pursuant to Chapter 8.20, Nuisance, Chapter 5.04, Business Regulations Generally, and/or Chapter 3.12, Transient Room Tax, of the county code, if there is any violation of these chapters committed, caused or maintained by the any of the above parties. Said written violation shall be served by certified mail.

3.

Public Nuisance. It shall be a public nuisance for any person to commit, cause or maintain a violation of this section, which shall be subject to the provisions of Chapter 8.20, Nuisances.

J.

Appeals.

1.

Any person or entity aggrieved by a decision in the enforcement and/or administration of this section shall have the right to appeal such decision to the county commission if a written request for an appeal is filed with the zoning administrator within thirty days of verification that the aggrieved person or entity has been made aware of the decision.

(Ord. No. 2019-1, § 2, 3-25-2019)

A farm stand may be authorized as an administrative land use permit by the zoning administrator in zones established in Section 17.16.030, Table of Uses, and in accordance with the provisions of Chapter 17.38, Administrative Land Use Permits.

A.

Regulations. On receipt of a complete application, the zoning administrator shall grant a permit for a farm stand if the zoning administrator finds that all of the following conditions and requirements are met. A farm stand:

1.

Shall not employ more than one individual that does not reside full-time (not less than six months per year) on the property upon which the farm stand is located;

2.

Must be compatible with, and incidental and secondary to, the primary use of the property;

3.

Must have at least fifty percent of what is sold or offered for sale to be produced on and by the farm, hobby farm, or urban farm, upon which property the farm stand is located;

4.

As an accessory structure, must retain architecture and outside appearance similar and compatible with the zone in which the farm stand is located;

5.

Activity must not result in abnormal levels of noise or vibration, light, odor, dust, smoke, or other air pollution noticeable at or beyond the property line;

6.

Shall not exceed two hundred square feet of total foot print and must meet the setbacks for accessory structures, if a structure is utilized; and,

7.

May operate seasonally or year-round.

B.

Furthermore, a farm stand located in an R-1/2, R-1, R-2, or R-5, zoning district:

1.

may utilize only one motorized vehicle in association with the farm stand and it shall not exceed one ton rated capacity and one trailer which does not exceed twenty feet in length. Adequate off-street parking shall be provided for any business vehicle and/or trailer, and any visiting clientele. Permitted trailers with advertising on them may not be stored or parked on the street or in the front yard of a residential lot where the farm stand is located;

2.

may have signage limited to a non-illuminated identification sign eight square feet or less in size;

3.

does not produce traffic volumes exceeding that produced typically on the property by more than twenty average daily trips or a maximum of thirty-six trips during any twenty-four-hour period; and

4.

is allowed only if there is a principle dwelling on the property and is occupied by the owner and proprietor of the farm stand.

5.

requires that the lot or parcel upon which the farm stand is located, be at least twenty-one thousand seven hundred eighty square feet (one-half acre).

(Ord. No. 2019-8, § 8, 11-12-2019)

The R4K (Residential 4,000 square foot) zoning district is provided and designed to create affordable housing options in a planned and organized park type community; to encourage flexibility and creativity in subdivision design and layout; and to preserve and protect development opportunities primarily in tracts of land where municipal type serves are available and transportation systems can lend to higher densities than that generally found in the unincorporated areas of Iron County; and to protect and enhance the desirable amenities and qualities of residential development, natural areas, and open space. To this end, the R4K zoning district should be considered when a planned community of organized smaller lot residential housing opportunities is situated in the appropriate area that can meet the needs for transportation and municipal type services and infrastructure.

(Ord. No. 2021-3, § 4, 4-12-2021)

Development projects/properties zoned R4K must:

A.

Be at least five acres and not more than twenty acres in size, of contiguous property, and must be separated from another R4K project property as follows:

1.

Single family residential lot projects:

a.

New R4K project properties with single-family residential lots must be located at least five hundred feet away from another R4K zoned single-family residential lots project property, or

b.

Separated from another R4K zoned single-family residential lot project property by a master planned county road of seventy-five feet or larger right-of-way width;

2.

Townhouse lot projects:

a.

New R4K project properties with townhouse lots, or the portion of the property with the townhouse lots, must be separated by at least one thousand feet from other townhouse lots of a different R4K or R-½ townhouse project property, or

b.

Separated from another R4K project property by a least 500 feet, if only one of the project properties has townhouse lots;

B.

Provide central water with fire flow and central sewer;

C.

Have forty-five feet minimum public street widths with curb, gutter and sidewalks, and comply with the asphalt paving and road requirements described in the Iron County Construction and Design Standards;

D.

Provide two off-street parking spaces on each lot and have additional common parking spaces for use of guests/visitors at a rate of two parking spaces for every ten lots or portion thereof;

E.

Create at least two ingress/egress locations;

F.

Provide at least two thousand five hundred square feet of outside storage area for every ten lots, or portion thereof, within the project area;

G.

Provide at least four thousand square feet of common park space/playground area for each ten lots, or portion thereof, within the project area, with a minimum of 0.5 acres for any one park/playground/open space area;

H.

Provide a developer commitment or insure the creation of a community organization such as a homeowners association (HOA) to operate and maintain community improvements such as private community facilities/buildings, public areas of parks and open space, private outdoor storage areas, and additional common parking spaces; and,

I.

Include a provision stated on the final plat that by means of a developer commitment or the creation of a community organization, such as a homeowners association (HOA), that limits non-owner-occupied rental uses, whether short-term rentals or long-term rentals, to thirty-percent or fewer units in the subdivision, enforceable by any lot owner's private right of action against the developer or community organization or other enforcement body for failure to enforce. This rental restriction may allow rental exceptions on an individual basis for up to two years to account for sickness, military leave, and other factors, which exemptions must be counted toward the rental limit, but would not trigger a cause of action against the enforcement body.

(Ord. No. 2021-3, § 4, 4-12-2021; Ord. No. 2025-2, § 1, 2-10-2025)

A.

Purpose and Intent. The purposes and reasons for creating provisions and regulations for accessory dwelling units (ADUs) include the following:

1.

Increasing the supply of a more affordable type of housing not requiring government subsidies;

2.

Helping older homeowners, single parents, young home buyers, and renters seeking a wider range of housing options, prices, rents and locations;

3.

Increasing housing diversity and supply, providing opportunities to reduce the segregation of people by race, ethnicity and income that resulted from decades of exclusionary zoning;

4.

Providing homeowners with extra income to help meet rising homeownership costs;

5.

Creating a convenient living arrangement that allows family members or other persons to provide care and support for someone in a semi-independent living situation without the latter leaving his or her community;

6.

Providing an opportunity for increased security, home care and companionship for older and other homeowners;

7.

Reducing burdens on taxpayers while enhancing the local property tax base by providing a cost-effective means of accommodating development without the cost of building, operating and maintaining new infrastructure;

8.

Promoting more compact urban and suburban growth, a pattern that reduces the loss of farm and forest lands and natural areas and resources and limits increases in pollution; and,

9.

Enhancing job opportunities for individuals by providing housing nearer to employment centers and public transportation.

Accessory dwelling units are, therefore, an essential component of housing choices and supply in Iron County.

B.

General Requirements.

1.

An accessory dwelling unit (ADU) shall:

a.

Be connected to the same utility connection for water, sewer, power, gas, etc. as the primary dwelling for which the ADU is secondary. If an ADU is proposed to be connected to an existing on-site wastewater treatment system, verification from Southwest Utah Public Health Department must be provided, stating that the wastewater system is of adequate size;

b.

Meet the residency requirement that the legal owner of record occupy one of the two dwellings of the residential structure in which the ADU is located; and sign and record an acknowledgment stating that the owner of record understands the requirement and will establish one of the two dwelling units associated with the ADU as their primary dwelling;

c.

Provide at least one off-street parking space, in addition to those required by the primary dwelling or guesthouse on the same lot;

d.

Replace any parking spaces contained within a garage or carport if the ADU is created within the garage or carport;

e.

Be no greater than eight hundred square feet in size if created as an addition to the existing dwelling and not within the footprint of the primary dwelling structure, prior to the addition;

f.

Be less than fifty percent in size of the primary dwelling when within the same footprint of the primary dwelling;

g.

Comply with all applicable building, health, and fire codes; and

h.

Be designed in a manner that does not change the appearance of the primary dwelling as a single-family dwelling, while considering privacy concerns with screening, landscaping, and orientation.

2.

An accessory dwelling unit (ADU) shall be prohibited:

a.

To be created within a mobile home as defined in Section 17.80.010;

b.

To be created if the lot containing the primary dwelling is six thousand square feet or less in size;

c.

To be rented or offered for rent for a period of less than thirty consecutive days; and

d.

To be constructed as a duplex according to the current adopted building code.

C.

Distinction from Guest House.

1.

An accessory dwelling unit (ADU) is distinguished from a guest house and the associated regulations for a guest house (see Section 17.36.270, Guest house) as follows:

a.

An ADU is a permitted use in all residential zones that allow a single-family dwelling; whereas a guest house requires an administrative land use permit;

b.

An ADU is to be located within the footprint of a primary dwelling, or as an addition to a primary dwelling with a size increase limitation of eight hundred square feet; whereas a guest house must be separated from the primary dwelling by at least fifteen feet and has no size limitation, subject to setbacks and maximum coverage regulations;

c.

An ADU must utilize the same utility service connections as the primary dwelling; whereas a guest house may be required to have separate utility service connections depending on its size, location, and other factors; and

d.

An ADU may be located with a guest house and must provide for one additional off-street parking space; whereas a guest house must provide for two additional off-street parking spaces.

(Ord. No. 2021-6, § 4, 6-28-2021; Ord. No. 2022-5, § 4, 9-26-2022)

The purposes and reasons for creating provisions and regulations for townhouses include the following:

1.

Increasing the supply of a more affordable type of housing not requiring government subsidies;

2.

Helping older homeowners, single parents, young home buyers, and renters seeking a wider range of housing options, prices, rents and locations;

3.

Increasing housing diversity and supply, providing opportunities to reduce the segregation of people by race, ethnicity and income that resulted from decades of exclusionary zoning;

4.

Providing an opportunity for increased security, home care and companionship for older and other homeowners;

5.

Reducing burdens on taxpayers while enhancing the local property tax base by providing a cost-effective means of accommodating development without the cost of building, operating and maintaining minimal infrastructure;

6.

Promoting more compact urban and suburban growth, a pattern that reduces the loss of farm and forest lands and natural areas and resources and limits increases in pollution; and,

7.

Enhancing job opportunities for individuals by providing more housing nearer to employment centers and public transportation.

Townhouse units are, therefore, an essential component of housing choices and supply in Iron County.

(Ord. No. 2022-1, § 4, 1-10-2022)

Townhouse dwelling units/development projects shall:

1.

Provide central water, with fire flow, and central sewer;

2.

Have individual unit connections to utility services for power, gas, communications, and water and sewer;

3.

Provide forty-five feet minimum public street widths with curb, gutter (when appropriate) and sidewalks, and comply with the asphalt paving and road requirements described in the Iron County Construction and Design Standards;

4.

Provide two off-street parking spaces for each townhouse lot/unit and have additional common parking spaces for use of guests/visitors at a rate of two off-street parking spaces for every four townhouse lots/units, or portion thereof, when the street ROW width is fifty feet. If the street ROW width is forty-five feet, three additional off-street parking spaces will be required for every four townhouse lots/units, or portion thereof, and all off-street parking spaces shall be located within five hundred feet of any townhouse unit for which the parking spaces are required;

5.

Create at least two ingress/egress locations when the project creates more than fifty aggregate dwelling units;

6.

Provide at least four thousand square feet of common park space/playground area for each eight townhouse units/lots, or portion thereof, within the project area, with a minimum of one-quarter acre for any one park/playground/open space area;

7.

Provide a six feet high sight obscuring fence (concrete block, chain link with privacy slats, or solid wood) along any common property boundary where a townhouse unit/lot is shared with property zoned or developed for single-family dwellings;

8.

Provide a developer commitment or insure the creation of a community organization such as a home owner's association (HOA) to operate and maintain community improvements such as private community facilities/buildings, public areas of parks and open space, private outdoor storage areas, and additional common parking spaces; and,

9.

Include a provision stated on the final plat that by means of a developer commitment or the creation of a community organization, such as a home owners association (HOA), that limits non-owner-occupied rental uses, whether short-term rentals or long-term rentals, to thirty percent or fewer units in the subdivision, enforceable by any lot owner's private right of action against the developer or community organization or other enforcement body for failure to enforce. This rental restriction may allow rental exceptions on an individual basis for up to two years to account for sickness, military leave, and other factors, which exemptions must be counted toward the rental limit, but would not trigger a cause of action against the enforcement body.

(Ord. No. 2022-1, § 4, 1-10-2022)

A.

General regulations.

1.

A contractor shop/office, small, shall be regulated for the following zoning districts, as follows:

2.

Standards for operating a "small" contractor shop/office:

a.

Off-street parking must be provided for all business and employee vehicles.

b.

Business operating hours shall be limited to seven a.m. to seven p.m.

c.

No business vehicles, trailers or heavy equipment may be stored or parked in the required front yard.

d.

No inoperable vehicles or equipment may be kept/stored on the property.

e.

All materials/parts/supplies not stored inside a garage or outbuilding must be screened from all adjacent properties (and from the street) by a sight obscuring fence.

f.

The majority of contractor/business related work is performed at the job sites and not at the location of the small contactor shop/office. The small contractor shop/office is a staging location from which the contracting business is conducted.

(Ord. No. 2025-1, § 3, 1-13-2025)