The regulations hereinafter set forth in this chapter and chapter 7A of this title qualify or supplement, as the case may be, the zone regulations appearing elsewhere in this title. (Ord. 2013-03, 4-3-2013)

Except as otherwise provided in this chapter, every lot (unless located within a commercial planned unit development, shopping center plaza, or other similar large scale commercial or business development ["commercial development"]), existing or intended to be created, shall have such area, width and depth as is required by this title for the district in which such lot is located and shall have frontage upon a dedicated street approved by the Planning Commission and City Council. (Ord. 2011-05, 4-20-2011)

Every dwelling structure shall be located and maintained on a separate lot having no less than the minimum areas, width, depth, and frontage required by this title for the zoning district in which the dwelling structure is located; except, that multistructural dwelling complexes under a single ownership and management, or condominiums as provided in chapter 16 of this title, may occupy one lot for the entire complex in the zoning districts where such is allowed, and two (2) one-family units or two (2) two-family units on separate lots may have zero side yards formed at a line through the common wall and extended to the lot lines, provided each unit meets all building codes and all other zoning requirements within the zoning district. For such dwelling units divided by a common wall, a utility easement through the common wall shall be recorded with the County Recorder prior to certificate of occupancy, where all utility lines shall run, serving each unit separately. It shall be mutually agreed upon by the owners of each unit that any required repair or maintenance of any wall or structure which is part of the common wall or structure will be shared equally between the owners of the adjoining units. (Ord. 2009-02, 2-18-2009)

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

   B.   Sale Or Lease Of Required Space: No space needed to meet the width, yard, area, coverage, parking or other requirements of this title for any lot or building may be sold or leased away from such lot or building.

   C.   Below Minimum Requirements: No parcel of land which has less than the minimum width and area requirements for the district in which it is located may be cut off from a larger parcel of land for the purpose, whether immediate or future, of building or development as a lot. (Ord. 2008-12, 7-16-2008)

No dwelling shall be erected to a height of less than one story above grade, unless the structure has been designed for energy conservation as an earth berm or underground home. (Ord. 2005-14, 4-20-2005)

On corner lots, no obstruction to view in excess of three feet (3') in height shall be placed within a triangular area formed by lines running along the back side of each street side sidewalk easement, thirty feet (30') in length, and a line connecting those points, except for pedestal type identification signs, or a reasonable number of trees pruned high enough to permit unobstructed vision of the intersection for automobile drivers. (Ord. 2008-03, 2-20-2008)

   A.   Interior Yards: Fences, walls and hedges may not exceed six feet (6') in height within any interior yard except for sports courts on interior lots.

      1.   Sports court fences on interior lots may not exceed twelve feet (12') unless granted by the planning commission and city council as a conditional use.

      2.   Sports court fences may not be screened above six feet (6').

   B.   Grade Difference: Where a fence, wall or hedge is located along a property line separating two (2) lots and there is a difference in the grade of the properties on the two (2) sides of the property line, the fence, wall or hedge may be erected or allowed to the maximum height permitted on either side of the property line.

   C.   Street Side Enclosure: The height of the fence, wall or hedge enclosing any street side of a residentially zoned property shall not exceed three feet (3') in height within a setback area ten feet (10') from the back of existing or proposed curb according to the LaVerkin City master road plan. Corner lots must follow the requirements for clear view of intersecting streets as provided above.

   D.   Subdivision Walls: Boundary and privacy walls, fences or hedges may be erected as part of residential subdivision construction, up to six feet (6') high within the ten foot (10') street side setback area, provided that:

      1.   The clear view of intersecting streets as above is provided for; and

      2.   There are no driveways or accesses into the abutting properties or residences along the walled streets.

   E.   Fences With An Unobstructive View: Notwithstanding any other provisions herein, a chainlink or other similar fence which does not create a sight obstruction may be erected within any residentially zoned street side setback area, to a height of five feet (5'); provided, that the fence is in no way closed in with adjacent plant materials or strips of material inserted into or attached to the fence to obstruct the view. (Ord. 2008-03, 2-20-2008)

   F.   Retaining Walls:

      1.   Elevation Change: For purposes of this section, an "elevation change" is defined as the height difference between the pad elevation and the property line elevation of a developable or developed parcel of property.

      2.   Hydrology Study: The submission of hydrology studies by qualified engineers or hydrologists, and/or the installation of retaining walls, may be required prior to the development or redevelopment of property within the city if elevation change on the parcel is an issue.

         a.   Such submission and/or installation, where required, shall occur prior to final subdivision approval for resubdivided and previously unsubdivided parcels.

         b.   For other parcels of property, where such is or may be required, the hydrology report shall be required at the time of issuance of a building permit and the wall installation shall be required prior to the issuance of a certificate of occupancy for the structure(s) constructed on the property.

      3.   Conditions And Requirements:

         a.   Elevation changes of less than two feet (2') shall not require any study or wall installation.

         b.   Elevation changes from two feet (2') to four feet (4') shall require a hydrology study to determine the need for a retaining wall. The slope must be maintained at two to one (2:1) or less if the study does not support the need for a wall.

         c.   Elevation changes of four feet (4') and up shall require a hydrology study with a retaining wall required.

         d.   Walls installed shorter than the slope height must be constructed and installed so as to protect the toe of the slope. Grade above the wall shall be maintained at two to one (2:1) slope.

         e.   The finished product shall include a three foot (3') to five foot (5') flat, compacted surface behind and immediately adjacent to the sidewalk as determined by a soils engineer, subject to approval by the city engineer.

         f.   Materials shall be: 1) at the discretion and with the approval of the city engineer, and 2) in accordance with the conclusions and recommendations of the hydrology study.

      4.   Specifications And Standards: Specifications and standards for retaining walls in subdivisions are outlined in title 11, chapter 4 of this code.

      5.   Alternatives: Alternatives to a wall may be permitted by the city where the toe is held in place and the slope is protected from erosion, subject to the approval of the city engineer. (Ord. 2007-31, 12-5-2007)

   G.   Walls, Fences, Hedges In Commercial Zones: The height of walls, fences, or hedges enclosing any front area of commercially zoned properties shall not exceed three feet (3') within any area from the property line to the required front setback line as called out in the requirements of such commercial zone. Corner lots must follow the requirements for clear view of intersecting streets as above. (Ord. 2008-03, 2-20-2008)

In all cases where sewage facilities and a connection to a public sewer system as defined by the Utah state division of environmental health and in all cases where a connection to a public water system approved by the Utah state division of environmental health are not available for a proposed building or use, the proposed sewage disposal and the domestic water supply shall comply with the requirements of such division and the application for a building permit shall be accompanied by a certificate of approval of such proposal from said division of environmental health. (Ord. 2008-12, 7-16-2008)

The installation of curbs, gutters and sidewalks, and improvement of streets to centerline, if street is already improved with asphalt, or centerline plus ten feet (10') where the street is not improved with asphalt, as approved by the city in accordance with its ordinances and specifications, shall be required on any existing or proposed street adjoining a lot on which a building permit application for new home construction is made. Such curbs, gutters, sidewalks, and street improvements shall be required as a condition of obtaining approval of the building permit. The city may require a property owner to make an equivalent payment for the labor and materials necessary to install curb, gutter, sidewalk and asphalt, as calculated by the city engineer, in lieu of requiring the property owner to install the requisite amount of curb, gutter, sidewalk and asphalt, when in the city's judgment it would not be cost effective for the city to require actual installation of curb, gutter, sidewalk or asphalt because the adjoining streets have not yet been improved to current city standards, and/or requiring such improvements would of necessity result in the destruction or removal of said improvements within the near future when adjoining streets are improved to city standards. Under this scenario, the city shall require payment by a property owner equal in amount to the actual costs for labor and materials necessary to install the required amount of curb, gutter, sidewalk and asphalt as of the date the property owner requests approval of a building permit. Prior to receiving approval of the building permit where improvements are required, a property owner must also convey to the city by quitclaim deed, the amount of property necessary to install curb, gutter, sidewalk and asphalt whether for immediate installation or for such future time as it becomes prudent for the city to install the said improvements. (Ord. 2008-12, 7-16-2008)

No residential construction shall be permitted where the lowest occupied floor is below the 100-year flood level, and all construction with nonoccupied levels (garage, etc.) shall be of construction which will withstand rapidly flowing water. No construction on the lower floodplains of the Virgin River or on LaVerkin and Ash Creeks can be made without first showing that it meets the above requirements through competent engineering studies. (Ord. 2008-12, 7-16-2008)

   A.   Road Widths:

      1.   Collector Streets: Collector streets shall be sixty feet (60') wide with the following minimum standard requirements:

         a.   Thirty inches (30") for curb and gutter on each side of the pavement;

         b.   Four feet (4') of sidewalk on each side of the pavement;

         c.   Two feet (2') of easement back of curb on each side of the pavement; and

         d.   Forty three feet (43') of pavement.

      2.   Local Streets: Local streets shall be fifty feet (50') wide with the following minimum standard requirements:

         a.   Thirty inches (30") for curb and gutter on each side of the pavement;

         b.   Four feet (4') of sidewalk on each side of the pavement;

         c.   Two feet (2') of easement back of curb on each side of the pavement; and

         d.   Thirty three feet (33') of pavement.

   B.   Hourglassing: The public works director may approve street widths to prevent hourglassing on existing streets.

   C.   Exceptions: Planning commission may recommend and city council may allow road exceptions with the approval of the fire department and city engineer in the following cases. Such exceptions may require studies as listed in this title for dedicated private streets.

      1.   Flag lots as outlined in this title.

      2.   One-way streets with the recommendation of city staff and approval of the city engineer, fire and police departments. Must be posted "one way entrance" and "one way - do not enter".

      3.   Dedicated private streets as outlined in this title.

   D.   Utilities: All required street side utility easements must be met.

   E.   Landscaping: Landscaping of medians and park strips may be approved by city council.

   F.   Road Specification Modifications: Due to constraints relating to topography and natural obstacles along with constraints due to utility placement, such as overhead transmission lines, variations of road specifications and utility placement may be permitted as determined by the city engineer. (Ord. 2008-12, 7-16-2008)

Flag lots are subject to subdivision requirements in title 11 of this code, and are allowed only upon the recommendation of the planning commission and approval of the city council, subject to the following:

   A.   Right Of Way Or Access Strip:

      1.   The right of way or access strip shall have a minimum width of twenty five feet (25') and a maximum grade of not more than fifteen percent (15%).

      2.   The right of way or access strip shall not be included in the calculation of the required minimum lot area.

      3.   No building, structure or parking shall be allowed in the right of way or access strip; and the right of way or access strip is to be used solely as access to the flag lot.

      4.   The right of way or access strip shall be constructed of an all weather surface, with a concrete or asphalt apron of not less than twenty five feet (25') in length that extends from the entrance along the width of the access strip.

      5.   If the right of way or access strip is to be used for drainage of the flag lot, it may require approval of the city engineer. (Ord. 2008-12, 7-16-2008)

   B.   Dwelling Unit Number: Only one one-family dwelling unit shall be allowed on a flag lot. (Ord. 2009-02, 2-18-2009)

   C.   Vehicle Turnaround: Any flag lot with an access one hundred fifty feet (150') or more in length shall require an emergency vehicle turnaround with a minimum radius per the applicable building related codes and the approval of the fire chief.

   D.   Address Display: The lot address shall be prominently displayed in a visible location at the street entrance to the right of way or access strip.

   E.   Setback: The setback of any residence or accessory buildings shall be that required for the zoning district and shall not obstruct emergency vehicle access.

   F.   Fire Hydrants: If the main building or structure is located more than two hundred fifty feet (250') from a fire hydrant, measured along approved vehicular routes, the property owner shall be required, at said owner's expense and on his or her private property, to install a fire hydrant that is serviced by a minimum six inch (6") class 900 PVC line. The location of the hydrant shall be determined by the building inspector, the public works director and/or the fire chief. (Ord. 2008-12, 7-16-2008)

Subject to the limitations in this section, the city may accept as dedicated public streets any existing and improved private streets.

   A.   The street or lane shall have an existing hard surface travel area of not less than twenty six feet (26') in width.

   B.   The person or party requesting acceptance of the proposed dedication shall submit a written application on a form produced by the city, which must be accompanied by a petition signed by all parties owning property adjoining the street for which application is being made. In addition, the city shall require as part of the application, and at the applicant's sole expense in a form acceptable to the city, the following:

      1.   Traffic Study: A traffic impact study shall be performed by a licensed engineer or other professional qualified to conduct such a study, which study shall cover such issues as the adequacy of the street width to service the needs of property owners fronting on the street, overall traffic flow including future traffic in light of projected city growth, fire and emergency access, and pedestrian and other safety issues. The planning commission shall review the study and make recommendation to the city council. The city council may refuse to accept the dedication of the street if the study shows that the street width, the design, or the manner of construction is not adequate to meet the needs of the public.

      2.   Utility Service Study: A utility service study shall be performed by a licensed engineer or other professional qualified to conduct such a study, showing the location and identifying the condition of all utility lines lying within the street to be dedicated. The planning commission shall review the study and any city staff recommendations with respect to utility services that would be dedicated as lying within the proposed street dedication, and make recommendation to the city council. The city council may refuse the application for dedication if the utility study or the staff recommendation shows that the location and/or condition of the utility service lines are such that by accepting the dedication of the utility service lines, the city would be incurring a substantial expense to ameliorate or provide ongoing maintenance of the same.

   C.   The city council may also refuse the application for dedication if the street fails to meet all other city specifications and requirements for grading, construction, surfacing and quality, including sidewalks, curbs and gutters and the width of the street, and/or if the city would be incurring a substantial expense to ameliorate or provide ongoing maintenance of the street.

   D.   In addition to the conditions set forth above and prior to final approval of the application for dedication of a private street or streets, the applicant must agree in writing to pay for all costs associated with bringing all street improvements, including curb, gutter and sidewalk, utility services, and utility service lines underlying the street, to then prevailing city standards exclusive of street width. The petitioner shall have one year from the time of approval of the application to complete requirements of this section, including the payment of the costs referred to. Upon such payment, completion, and acceptance of the improvements by the city engineer, the city council shall accept the street. (Ord. 2008-12, 7-16-2008)

Recreational vehicles may not be used for permanent living quarters and storage or temporary occupancy must comply with the following regulations:

   A.   Any RV, which is stored on a lot where an existing dwelling is occupied, may be used as temporary housing for no more than a cumulative total of thirty (30) days within any consecutive twelve (12) month period for immediate family members or guests with the following conditions:

      1.   Placement of the RV must meet the setback requirements of the zoned area;

      2.   There must be no impact to the neighborhood which could create traffic or parking hazards;

      3.   The RV must be owned by the property owner or occupant of the existing dwelling;

      4.   There are no verified noise or nuisance violations or complaints on the property where the RV will be occupied; and

      5.   Adequate and lawful provisions for waste disposal, including sewer or trash, must be made.

Under no conditions will the thirty (30) day occupancy be extended.

   B.   A conditional use permit for temporary occupancy of an RV while a home is constructed on the lot where the RV will be located may be granted upon recommendation of the planning commission and approval of the city council. Such conditional use may be approved for up to a six (6) month time period by the city council and extended by the building official for one additional six (6) month period of time. The conditional use permit shall be granted if the RV meets the setback requirements for the zoned area, if there is an adequate and lawful provision for waste disposal including sewer or trash, and the ability to connect to other utility services exists.

   C.   It is not permitted to install or use on or adjacent to any recreational vehicle, whether stored or temporarily occupied as allowed above, any decks, skirting, extra propane tanks, private garages, household appliances which extend or protrude from the unit, or external stairs beyond the manufactured steps provided.

   D.   A resident's RV may be stored on property where an occupiable dwelling is located and such storage is in compliance with all provisions of city ordinances. No RV shall be stored on a vacant lot or parked on any vacant property to be used as temporary housing, except as allowed with a conditional use permit in conjunction with an approved building permit. (Ord. 2008-12, 7-16-2008)

A single mobile sales office set up to sell subdivision properties, or a model home for the purpose of showing newly developed subdivision residences to the public for sale, shall be allowed with a temporary occupancy permit issued by the LaVerkin building department. Such mobile sales office or model home shall be located in the subdivision for which sales will be made. When twenty five percent (25%) of the lots in the subdivision are sold or no later than one year following the recording of the subdivision or phase thereof, the mobile office shall be removed. The model home may be offered for sale as a subdivision residence at any time so long as a permanent certificate of occupancy has been obtained from the building department. (Ord. 2008-12, 7-16-2008)

Any new development in LaVerkin City whether by metes and bounds or in a platted subdivision shall be required to install underground power connections unless otherwise requested by the power company. Nothing in this requirement shall disallow the power company to maintain, repair, or replace existing pole hung power lines. (Ord. 2005-17, 5-4-2005; amd. Ord. 2008-12, 7-16-2008)

   A.   Home occupations as defined in section 10-1-6 of this title shall be permitted only upon compliance with the following criteria:

      1.   Must not involve any use of any outside yard area about the premises where the dwelling unit or accessory building is located unless the use or activity is of the type that is customarily found in a residential neighborhood;

      2.   Any accessory building used in a home occupation shall meet requirements of the zone in which the home occupation is located;

      3.   Reasonable inventory related to the home occupation shall be allowed, so long as such inventory is stored entirely within the dwelling unit or accessory building on the premises;

      4.   No exterior architectural modifications of the dwelling or accessory building shall be made to accommodate the home occupation use;

      5.   Must not create a nuisance;

      6.   Shall specifically exclude automobile work of any kind, commercial stables, animal boarding, auctions, restaurants, funeral houses or any activity which unreasonably disturbs the peace and quiet of the neighborhood, including, but not limited to, interference of radio, television, or other electronic reception by reason of design, materials, construction, lighting, odor, dust, sounds, vibrations, vehicles, parking and general operation of business. No smoke, odor, liquid or solid waste shall be emitted which is not usual and customary to the use of the property for residential purposes;

      7.   Combustible materials shall not be stored in the home;

      8.   Shall be without advertising by way of signs, and shall otherwise meet the requirements of chapter 11 of this title;

      9.   The home occupation shall not cause a demand for city or utility services in excess of those usual and customary to the use of the property for residential purposes;

      10.   The use shall not generate pedestrian or vehicular traffic beyond the normal flow to the residence.

   B.   Home occupations may include the following:

      1.   Artists, authors, musicians - not studios.

      2.   Bakeries, catering, and home kitchens with no commercial equipment.

      3.   Barber and beauty shops.

      4.   Computer/internet sales/programming.

      5.   Consulting services.

      6.   Daycare, preschool.

      7.   Handyman, contractor offices.

      8.   Home crafts, not sold out of the home.

      9.   Janitorial, housekeeping.

      10.   Mobile services.

      11.   Music lessons, tutoring - one student at a time.

      12.   Off site auto repair, product installation.

      13.   Professional offices.

      14.   Small open congregate living facilities as described in this code.

      15.   Yard care.

   C.   Home occupations are a temporary privilege which can be revoked if disruption of the residential neighborhood occurs. If at any time the home occupation "outgrows" the residence it may be required to cut back, move to a commercial zone where the use is allowed, or shut down. (Ord. 2007-26, 10-3-2007; amd. Ord. 2008-12, 7-16-2008; Ord. 2015-04, 7-1-2015)

A self-service vending facility may be situated within commercial zones of the city provided:

   A.   It only sells or dispenses items or commodities that are allowed to be sold or dispensed within the zone (including, but not limited to, food, beverages, and ice); and

   B.   If owned and operated by a person or entity other than the owner/operator of the primary business on the parcel, a separate business license (as required by title 3 of this code) is obtained therefor and kept current; and

   C.   If not housed within, or within ten feet (10') of, the building containing the primary business on the parcel:

      1.   Site plan approval is first sought and obtained from the land use authority of the city. Such plan shall provide for such accesses, drop off zones, parking, landscaping, and utilities (including, but not limited to, water, sewer, gas, and/or power) as may be required to safely and lawfully provide the intended vending services and protect the health, safety, and welfare of the public.

      2.   Such facility shall be separately serviced and metered for utilities. (Ord. 2008-14, 8-6-2008)

The raising, care, keeping, and feeding of livestock, domesticated animals that do not constitute household pets, and fowl, in residential zones, as provided in chapter 6, articles A, B, D, and D1 of this title, shall be subject to the following requirements and criteria:

   A.   Prohibitions And Restrictions:

      1.   The following animals may not be maintained on the property: wild animals, dangerous animals, pigs (porcine), mink, and peacocks.

      2.   No nuisance, nuisance animals, or animal/fowl related nuisance conditions as defined by State and/or local law and ordinance, including, but not limited to, title 4, chapters 1, 2, and 8, and title 5, chapter 1 of this Code (including, without limitation, vicious and/or loud or noisy animals, animal related fouling of the air by odors, water contamination, flies and other insects and rodents attracted by the animals, etc.) may be maintained on the property.

         a.   The presence of the animals, or the housing or feeding thereof, may not compromise the safety nor result in a degradation of the air quality, ground/surface water quality, or soils stability enjoyed by owners, tenants, guests, and patrons of adjacent properties within a residential zone of this City; and are not allowed within well protection zones, within twenty feet (20') of streams, in areas having a slope of thirty percent (30%) or greater, or within regulatory floodways, natural drainages, or protected wetlands.

         b.   Animals and fowl allowed under the provisions of this section including fowl, e.g., chickens, turkeys, ducks, and geese, must be maintained on the property wherein they reside, and may not be allowed to run or wander at large in the community, defecate on the property of the public or another property owner, or trespass upon the property of another (whether to traverse, feed, etc.).

         c.   Animals and fowl shall be for recreational and family production use only; provided, that: 1) sales of animals, fowl, or eggs therefrom, limited commercial sales of animals, fowl, and/or eggs, milk, or other dairy products, are permissible if the handling and sales comply with applicable Federal, State and local agricultural, business license, and health and safety laws and ordinances, and 2) total cumulative gross sales receipts for any and all such sales during the calendar year do not exceed the total gross sales receipts exempted from licensing under section 3-1-5-1 of this Code.

         d.   Property owners and tenants keeping domesticated animals on their residential property shall cooperate with law enforcement personnel, and take affirmative action, to eliminate and/or prevent the attraction of rodents and predators to the neighborhood as a result of the keeping of said animals.

         e.   No animal or fowl infected with avian flu, West Nile virus, hantavirus, or other like disease or condition may be maintained on the property; and any animal or fowl that becomes or appears to become so infected must, upon request of the City and/or the Health Department, be removed from the property and examined, treated, and, if deemed necessary, disposed of under applicable Health Department regulations and procedures. The animal or fowl may not be returned until it is determined by the Health Department or a licensed veterinarian (that certifies in writing) that the animal or fowl is not or no longer infected, and is safe to return to the property.

   B.   Number:

      1.   The number of domesticated animals which may be maintained on the property shall be determined on the basis of point. No parcel of property shall exceed one hundred (100) points per acre (or a fractional share thereof) based on the following or a proportionate combination thereof, considering the size of the parcel or set of parcels concerned (e.g., 0.25 acre x 100 = 25 animal points).

      2.   Type of animal or fowl/number of points per animal:

         a.   Cow (bovine), horse (equine), donkey, mule, or similar large animal (25 points).

         b.   Miniature horses, ponies, goats, llamas, alpacas, and/or similar medium size animals (12 points).

         c.   Ostriches or other similar large fowl (12 points).

         d.   Turkeys, geese, pheasants, and similar medium size fowl (4 points).

         e.   Chickens, ducks, pigeons, doves, or similar small fowl (3 points).

         f.   Rabbits or similar small domesticated or farm animals (3 points).

         g.   For animals not specified above, the Zoning Administrator shall determine the type and number of points per animal. A property owner dissatisfied with the determination or interpretation of the Zoning Administrator may appeal that determination and/or interpretation of this Code to the Board of Adjustment in accordance with the procedures and provisions of chapter 4 of this title.

      3.   The unweaned offspring of a residing animal or fowl, under six (6) months of age, shall be excluded from consideration for the purpose of determining compliance with this section.

      4.   Roosters are included within the term "chicken" herein; however, no more than one rooster per: a) twenty five (25) chickens or b) half acre (1/2 acre) of property may be maintained on residentially zoned property.

      5.   No bees shall be maintained on any property that consists of less than an acre; and no more than two (2) beehives per acre of property shall be allowed.

      6.   For residentially zoned properties (1 or more adjacent lots under the same ownership or tenancy):

         a.   That are less than one-half (1/2) acre in size, no large or medium size animals or fowl shall be allowed.

         b.   That are ten thousand (10,000) square feet in size, or smaller, a maximum number of animals and/or fowl equivalent to a total of twelve (12) points under the terms of this section are allowed, subject to the following:

            (1)   No medium size animals or fowl shall be allowed on the property; and

            (2)   No animals other than household pets shall be allowed on properties that are six thousand (6,000) square feet or smaller in size.

   C.   Structures And Premises:

      1.   Corrals, stalls, pens, and paddocks, for the enclosure of livestock (not meaning or including any fence erected along or adjacent to the property line separating that property from the property of another owner or tenant), and all barns, stables, coops, sheds, hutches and similar buildings, for the housing or confinement of livestock and fowl, and all water troughs and areas used for the feeding of livestock and fowl, which congregate or tend to congregate animals and/or fowl to a specific area of the property:

         a.   Shall not be located:

            (1)   In the front yard of the property.

            (2)   Within the greater of any setback or easement requirements set forth in this Code for such property in the residential zone.

            (3)   For residentially zoned properties (1 or more adjacent lots under the same ownership or tenancy) that are:

               (A)   One-half (1/2) acre or more in size: Within fifty feet (50') of any existing dwelling or occupied structure located on an adjacent lot, or thirty feet (30') from a dwelling or occupied structure on the same lot.

               (B)   Smaller than one-half (1/2) acre in size: Within twenty five feet (25') of any existing dwelling or occupied structure located on an adjacent lot, or fifteen feet (15') from a dwelling or occupied structure on the same lot.

         b.   Shall be maintained in good repair, and shall not be allowed to deteriorate and: 1) become a nuisance; 2) become rundown, unsightly, or hazardous; and/or 3) impair surrounding property values of residential properties due to their appearance, condition, and/or state of repair.

      2.   The property shall be kept in a clean and sanitary condition, and manure and urine shall not be allowed to collect, accumulate, and remain thereon. Associated ponds shall be kept clean and sanitary, to prevent the accumulation and hydration/saturation of feces, urine, and other biological waste, and to prevent the attraction of flies and mosquitoes. (Ord. 2013-10, 8-21-2013, eff. 2-17-2014)

   A.   In any zone provided for in this title, where bed and breakfast facilities (BnBs) and/or vacation rentals (VRs) are allowed as permitted uses (or permitted uses, with conditions), such BnBs and/or VRs are subject to and shall fully comply with the applicable provisions and conditions of: 1) title 3, chapters 1, 8, and 11, of this Code, 2) title 4, “Public Health And Safety”, of this Code (including noise, odor, and nuisance restrictions), 3) title 9, chapter 1, “Building Related Codes”, of this Code, 4) section 10-7-17, “Home Occupations”, of this chapter, 5) chapter 10, “Off Street Parking”, of this title, and 6) chapter 11, “Sign Regulations”, of this title, except as otherwise specifically provided herein.

   B.   Licensed BnBs and/or VRs shall be permitted, in the below- designated zones, as follows, subject to the provisions, conditions, and restrictions provided herein:

 

 

   C   In order to: 1) maintain neighborhood aesthetics, stability, safety, and cohesion, 2) limit commercial creep, and 3) mitigate the potential negative impacts of transient lodging on residential neighborhoods: VRs (grandfathered under prior law) and/or BnBs may be allowed in existing single-family dwellings in the above-referenced residential and mobile home zones of the City to the extent that:

      1.   They are properly licensed under title 3 of this Code.

      2.   The use of a dwelling as a BnB or VR does not:

         a.   Change the appearance of the dwelling or property for residential purposes; or

         b.   Allow for, facilitate, or otherwise permit the occupancy load (under section 3-11-12 of this Code and this section) or the dwelling limitations of the underlying zone (under this title) to be exceeded.

      3.   The BnB or VR facility is properly maintained, painted and kept in good repair - and associated grounds and landscaped areas are properly maintained and watered - in order that the use does not detract from the general appearance of the neighborhood.

      4.   All parking is provided for off-street, and is not to be allowed on the public rights-of-way.

         a.   Required parking areas and access to parking areas shall be maintained and available for use at all times.

         b.   Parking may not consume or otherwise impact more than forty percent (40%) of a front yard.

         c.   The required number of off-street parking spaces shall be as follows:

            (1)   BnBs shall require two (2) parking spaces for the resident family, plus 1.1 spaces for each non-resident living or sleeping unit, plus adequate parking for accessory uses pertaining to the use of the property for a bed and breakfast facility.

            (2)   VRs shall require 1.1 spaces for each living or sleeping unit (defined, for purposes of this subsection, to mean each room in the facility designated for sleeping purposes and offered for such use by guests or patrons), plus adequate parking for accessory uses pertaining to the use of the property for a vacation rental.

      5.   The occupancy load of the BnB or VR structure, as established or amended (before use by the City’s building official), is not to be exceeded, and in no case shall be greater than fifteen (15) (not counting the resident household in a BnB).

      6.   With regards to VRs (where permitted or are grandfathered as nonconforming uses):

         a.   Those who license their residential structures as a VR, but fail to use their structure for that purpose and to collect the applicable taxes thereon (including the Transient Tax), at least once before the end of the following calendar year following licensing, or during any subsequent calendar year thereafter, may lose their right to continue said use after the end of that period of nonuse: it shall be considered lapsed and the use abandoned.

         b.   A purchaser or grantee of a residential structure, that was properly licensed by the seller or grantor as a VR immediately prior to the purchase or conveyance, may continue to license and operate the residential structure as a VR to the same extent as his or her predecessor in interest, provided that:

            (1)    The residential unit was licensed as a VR through the date of the sale (in or under the name of the seller); and

            (2)   The purchaser or grantee, not later than forty-five days following the later of the closing on the purchase or recording the deed on the property containing the residential structure that had been licensed as a VR, provides the City’s Business License Clerk or City Recorder with a written Notice of Intent (letter), indicating the purchaser’s or grantee’s intent to license and use the residential unit as a VR; and

            (3)   The purchaser applies for and receives, within six months of the date of the above- referenced closing or recording, a business license to operate the residential unit as a VR.

      7.   Notwithstanding the prohibition of signs in subsection 10-7-17A8 of this chapter, one unlighted wall identification sign measuring not more than twenty (20) square feet shall be permitted. (Ord. 2018-01, 1-3-2018; amd. Ord. 2022-10, 9-21-2022)

   A.   A Permitted Use in Residential Zones: In any area zoned primarily for residential use:

      1.   The use of an internal accessory dwelling unit ("IADU") is a permitted use; and

      2.   Except as provided herein, the City does not establish any restrictions or requirements for the construction or use of one IADU within a primary dwelling, including a restriction or requirement governing:

         a.   The size of the internal accessory dwelling unit in relation to the primary dwelling;

         b.   Total lot size; or

         c.   Street frontage.

   B.   Minimal Requirements for Internal Accessory Dwelling Units (IADUs):

      1.   An IADU shall comply with all applicable building, health, and fire codes.

      2.   The City:

         a.   Prohibits the installation of a separate utility meter for an IADU;

         b.   Requires that an IADU be designed in a manner that does not change the appearance of the primary dwelling as a single-family dwelling;

         c.   Requires a primary dwelling:

            (1)   To include one additional on-site parking space for an IADU, regardless of whether the primary dwelling is existing or new construction; and

            (2)   To replace any parking spaces contained within a garage or carport if an IADU is created within the garage or carport;

         d.   Prohibits the creation of an IADU within a mobile home as defined in Section 57-16-3, Utah Code Annotated (1953, as amended) and Section 10-1-6 of this Code;

         e.   To the extent any may exist within the City, prohibits the creation of an IADU if the primary dwelling is served by a failing septic tank;

         f.   Prohibits the creation of an IADU if the lot containing the primary dwelling is six thousand (6,000) square feet or less in size;

         g.   Except in accordance with the provisions of Section 10-7-20 of this Code relative to Bed and Breakfast facilities, prohibits the rental or offering the rental of an IADU for a period of less than thirty (30) consecutive days; and

         h.   Prohibits the rental of an IADU if the IADU is located in a dwelling that is not occupied as the owner's primary residence. (Ord. 2021-07, 10-6-2021)

   A.   Purpose: Detached Accessory Dwelling Units ("DADUs”) can be a valuable tool in addressing housing needs, allowing for alternative and flexible housing options for owner-occupied single-family residences, and broadening the range of affordable housing opportunities within and throughout the City. They:

      1.    Create new housing units while respecting the appearance, neighborhood character, and scale of single-family residential development.

      2.    Provide more housing choices in residential zones.

      3.    Allow more efficient use of existing housing and large underutilized yards.

      4.    Provide housing options for family caregivers, adult children, aging parents, and families seeking smaller households.

      5.    Offer a means for residents, particularly seniors, single parents, and families with grown children, to remain in their homes and neighborhoods, and to obtain extra income, security, companionship, and services.

   B.   A Permitted Use in Residential Zones: In any area zoned primarily for residential use, except mobile home subdivisions, the use of a detached accessory dwelling unit ("DADU") is a permitted    use on any lot or parcel of property that is at least ten thousand square feet (10,000 sq. ft.) in size and contains a single-family dwelling or residence, subject to the conditions, restrictions, limitations, and regulations established by this Section and by other applicable provisions of this Code and State and Federal law.

   C.   Minimal Requirements for Detached Accessory Dwelling Units (DADUs):

      1.   A DADU shall comply with the International Residential Code ("IRC") and all other applicable City, State or Federal building, health, fire, nuisance, and business license codes (including but not limited to Chapters 3, 4, and 9 of this Code).

      2.   The City:

         a.   Prohibits the severance, sale, or subdivision of the DADU from the lot or parcel of property on which the primary dwelling or residence is situated.

         b.   Prohibits the rental of any part of the residential dwelling or DADU if the lot or parcel of property on which the DADU is located is not occupied as the owner's primary dwelling or residence.

            (1)   Subject to the provisions of subsection b(2) below, "owner occupancy" or "owner occupied" means that any one or more of the following individuals are residing on the subject property for the entire time during which a DADU or primary dwelling or residence on the lot or parcel of property is rented or otherwise occupied:

               (a)   An individual who is listed in a recorded deed as an owner of the property.

               (b)    An individual who is a trustor of a family trust who possesses legal ownership of the property.

            (2)   When an owner of the lot or parcel of property has a bona fide, temporary absence of not more than three (3) consecutive years, for activities, assignments, or work, such as a temporary job assignment, sabbatical, or voluntary humanitarian or church service, and another record owner of said lot or parcel of property cannot reside on the property as his or her primary residence: the requirements of this subsection shall be satisfied if a person residing on the lot or parcel of property possesses legal authority to make decisions, and enforce judgments and legal determinations, concerning the property or structures thereon, including but not limited to a holder of a Durable General Power of Attorney, a Trustee of a Family Trust, or court-ordered representative or designee. Indefinite periods of absence and absences for more than three (3) years from the dwelling do not qualify under this subsection.

            (3)   To be considered "owner occupied," an owner may live in either the principal dwelling or the DADU on the lot or parcel of property.

         c.   Requires compliance with the following size, height, and setback requirements:

            (1)   The DADU must meet the setback requirements for the applicable zone, as well as the required separation from the primary dwelling unit for an accessory structure, and may not encroach upon or interfere with any public easement or right-of-way on or across the lot or parcel of property.

            (2)   The DADU shall not be less than two hundred fifty square feet (250 sq. ft.) in size, but not shall not exceed one-third (1/3) of square footage of the footprint of the primary dwelling or residence (structure).

            (3)   DADUs are limited to a height not in excess of (a) the roofline of the primary dwelling residence and (b) twenty feet (20'), whichever is smaller.

            (4)   The total square footage of all accessory structures, including those containing a DADUs, is limited to a maximum of eight percent (8%) of the total square footage of the lot or parcel of property.

         d.   Prohibits the installation of a separate electric, water, and/or sewer utility meter for an DADU; but it may assess applicable and legally-supportable impact fees, as may be established and imposed from time to time.

         e.   Requires that an DADU be designed in a manner that does not substantially change the appearance of the lot or parcel of property as a single-family residence.

         f.   Requires the installation of two (2) additional on-site parking spaces for an DADU, regardless of whether the primary dwelling or residence on the property is "existing" or "new construction".

            (1)   Parking spaces shall be not less than nine feet (9') wide and eighteen feet (18') long.

            (2)   Parked vehicles shall not be allowed to encroach upon the City's sidewalks.

            (3)   Parking surfacing shall consist of either asphalt or cement.

         g.   To the extent any may exist within the City, prohibits the creation of an DADU if the primary dwelling is served by a failing septic tank.

         h.   Establishes the following design standards and criteria with regards to DADUs:

            (1)   Architectural design, materials, and construction shall be consistent with and reasonably match the existing primary residential structure.

            (2)   All submitted building plans shall be accompanied by an engineer's stamp.

            (3)   Plan shall be submitted through the City's online building permit process.

            (4)   All structures containing or comprising DADUs shall follow the provisions and requirements of the current IRC as well as any other applicable code.

            (5)   No existing nonresidential structures (except detached garages), including but not limited to sheds and metal structures, may be converted to DADUs.

            (6)   All DADUs must be "slab on grade"-meaning that they are attached to a slab on grade, with footings, as required by the IRC; no basements shall be allowed.

            (7)   An outside entrance shall be required.

            (8)   A landscaping plan of the lot or parcel of property, including that portion fronting on a city street, shall be submitted to and approved by the director of operations, or his or her designee, and shall be complied with and adhered to, and the property maintained in accordance therewith, in order (1) to minimize potential negative impacts on neighboring properties, (2) to retain the residential character of the lot or parcel of property, and (3) to provide a visual buffer for onsite parking in relation to adjacent properties and the street.

            (9)   Addressing:

               (a)   The primary dwelling or residence and the DADU shall have the same address, except for the use of lettering to differentiate between the primary dwelling or residence and the DADU for mail or emergency-response purposes.

               (b)   The address identification shall be legible, attached to a permanently-fixed structure, and positioned to be visible from the street fronting the property.

               (c)   Address identification characters shall contrast with their background and shall contain Arabic numbers or alphabetical letters, provided that numbers shall not be spelled out. Each character shall be not smaller than four inches (4") (or 102 mm) in height and one-half inch (1/2") (or 12.7 mm) in width.

               (d)   Additional mailboxes will only be allowed for the principal dwelling.

      3.   DADU Application Requirements:

         a.   Generally: Any property owner of property who meets the requirements of this Section and desires to construct, expand, renovate, or convert a structure to contain a DADU on his or her lot or parcel of property shall first obtain a DADU permit, which shall be acquired in addition to any other building permits that may be necessary to create the DADU.

         b.   The applicant shall submit the following as part of the application for a DADU:

            (1)   A site plan drawn accurately to scale-showing showing the property lines and dimensions; the location of and entrances to any existing buildings or structures, and entrances; any proposed building or structure, its dimensions, and its distance from other buildings and structures, and property lines; and the location of parking stalls (current and proposed).

            (2)   Detailed floor plans, drawn to scale, with labels on rooms indicating current and proposed uses.

            (3)   To be provided to the City prior to the issuance of the building permit: written verification (e.g., a copy of a warranty deed, affidavit, a recorded deed restriction, etc.) showing (a) that the applicant is the owner of the property, (b) that he or she has or intends to have permanent residency on the lot or parcel of property where the request is being made, and (c) that either the primary dwelling or residence or the DADU will remain owner-occupied if structure is to be or remain rented out.

            (4)   A rental dwelling business license, if and to the extent that such is or shall be required by law. (Ord. 2023-07, 5-3-2023)