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Milford City Zoning Code

13.07 Supplemental

And Qualifying Regulations

13.07.010 Effect Of Chapter

The regulations hereinafter set forth qualify or supplement, as the case may be, the zone regulations appearing elsewhere in this Title.

13.07.020 Substandard Lots At Time Of Ordinance Passage

Any lot legally held in separate ownership at the time of passage of this Ordinance, which lot is below the requirements for lot area or lot width for the District in which it is located may be used for a single-family dwelling, if such lot is located in a district which permits single-family dwellings. The width of each side yard for such a dwelling may be reduced to a width which is not less than the same percentage of the lot width as the required side yard would be of the required lot width.

13.07.030 Lot Standards

Except as provided in this Title, every lot, existing or intended to be created, shall have such area, width and depth as is required by this Ordinance for the district in which such lot is located and shall have frontage upon a dedicated or publicly approved street or upon a private street or right-of-way approved by the Planning and Zoning Commission, before a building permit may be issued.

13.07.040 Every Dwelling On A Lot - Exceptions

Every dwelling structure shall be located and maintained on a separate lot having no less than the minimum area, width, depth, and frontage required by this Ordinance for the district in which the dwelling structure is located, except that group dwellings, cluster dwellings, condominiums, and other multi-structure dwelling complexes under single ownership and management, which are permitted by this Ordinance and have approval from the Planning and Zoning Commission, may occupy one (1) lot for each such multi-structure complex.

13.07.050 Yard Space - One (1) Building Only

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 Ordinance 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.

13.07.060 Private Garage With Side Yard - Reduced Yards

On any interior lot where a private garage, containing a sufficient number of parking spaces to meet the requirements of this Ordinance, has a side yard equal to the minimum side yard required for a dwelling in the same district, the width of the other side yard for the dwelling may be reduced to equal that of the minimum required side yard; and on any lot where such garage has such side yard, the rear yard of the dwelling may be reduced to fifteen (15) feet, provided the garage also has a rear yard of at least fifteen (15) feet.

13.07.070 Sale Or Lease Of Required Space

No space needed to meet the width, yard, area, coverage, parking, or other requirements of this Ordinance for lot or building may be sold or leased away from such lot or building.

13.07.080 Sale Of Lots Below Minimum Space 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.

13.07.090 Area Of Accessory Buildings

No accessory building nor group of accessory buildings in any residential district shall cover more than twenty-five (25) percent of the rear yard.

13.07.100 Additional Height Allowed

Subject to conditional use approval, public and quasi-public utility buildings, when authorized in a district, may be erected to a height greater than the district, height limit by conditional use permit.

13.07.110 Exceptions To Height Limitations

Penthouse or 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, smokestacks, water tanks, wireless or television masts, theater lofts, silos, or similar structures may be erected above the height limits herein prescribed, but no space above the height limit shall be allowed for purposes of providing additional floor space.

13.07.120 Minimum Height Of Main Buildings

No dwelling shall be erected to a height less than one (1) story above grade, without obtaining a variance from the Board of Adjustment and meeting the appropriate building codes enacted by Milford City.

13.07.130 Maximum Height Of Accessory Buildings

No building which is accessory to a one-family, two-family, three-family or four-family dwelling shall be erected to a height greater than one (1) story or twenty (20) feet.

13.07.140 Clear View Intersecting Streets

In all districts which require a front yard, no obstruction to view shall be placed on any corner lot within a triangular area formed by the property lines that abut the street, and a line connecting them at points of twenty (20) feet from the intersection of the property lines, except on a corner lot, a chain link view fence or other non sight obscuring fence may be allowed to a maximum of four (4) feet in height. Trees must be pruned high enough to permit unobstructed vision to the drivers of vehicles; and pedestal type identification signs and pumps at gasoline service stations must not obstruct vision to the drivers of vehicles. (Ord. Ordinance 6-2006, Amended, 07/18/2006)

13.07.150 Maximum Height Of Fence, Walls And Hedges

  1. Fences, walls, and hedges may be erected or allowed to the permitted building height when located within the buildable area, provided that any physical structure over six (6) feet in height shall require a building permit.
  2. Any fence, wall or hedge, constructed on a property line paralleling a street, is restricted to four (4) feet in height. On lots other than corner lots, a fence, wall or hedge may be constructed to a height of six (6) feet, or a maximum height of eight (8) feet along the property line (xxxx) if a building permit is first obtained for any fence, wall or hedge over six (6) feet in height. The height is limited to a maximum of four (4) feet for any interior fence, wall or hedge within the twenty (20) foot setback of the front property line (- - -). (see illustration following)

  3. 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 the highest side of the property line.

13.07.160 Water And Sewer Requirements

In all cases where a proposed building or proposed use will involve the use of sewerage facilities, and connection to a public sewer system as defined by the Utah State Division of Environmental Health is not available, and in all cases where a connection to a public water system approved by the Utah State Division of Environmental Health is not available, the sewage disposal and the domestic water supply shall comply with the requirements of such Division and of the local board of health, and the application for a building permit shall be accompanied by a certificate of approval from said Board or Division.

13.07.170 Curbs, Gutters And Sidewalks

The installation of curb, gutter and sidewalks of a type approved by the Governing Body shall be required on any existing or proposed street adjoining a lot on which a building is to be established. Such curbs, gutters, and sidewalks are required as a condition of a building occupancy permit approval.

13.07.180 Lots And Dwellings On Private Streets - Special Provisions

Lots with frontage on private streets shall be allowed only with a conditional use permit, and subject to all applicable requirements of this Ordinance and the Subdivision Ordinance

13.07.190 Reduced Setbacks For Storage Sheds

Storage Sheds shall be located to the side or to the rear at least five feet (5’) from the main building. Storage Sheds shall be located at least two feet (2’) from any property line with the following exceptions:

  1. A building permit shall be obtained.
    1. A fire wall maybe required by the building official.
    2. The two feet (2’) between property line and storage shed shall be in concrete or gravel and kept free of weeds and debris.
    3. Maximum size shall not exceed the International Building Code.
    4. The overhang on the roof shall remain on your property.
      1. Rain Gutters shall be installed to prevent water drainage on neighboring property.

(Ord. Ordinance 6-2009 Reduced Setbacks, Amended, 09/16/2009)