Myton City Zoning Code
PROPERTY DEVELOPMENT
STANDARDS
§ 153.070 PURPOSE.
(A) The purpose of general property development standards is to further the purposes of this chapter.
(B) Compliance with all general development standards, as well as all other requirements of this chapter, and all other federal, state and local requirements, as applicable, is required for the issuance of any approval, permit or license.
(Prior Code, § 10-5-1) (Ord. passed 8-10-2006)
Cross-reference:
Flood control, see Chapter 152
Public nuisances, see § 91.02(D)(1) and (D)(2)
Standards, see § 153.057
§ 153.071 ALLOWED MINIMUM USE OF LEGAL LOTS.
Nothing in this chapter shall be construed to prevent the establishment of one single-family dwelling on any legal lot that meets the minimum lot size and is located in a zoning district that permits single-family dwellings, and all proposed construction can qualify for a site plan and building permit approval as required herein.
(Prior Code, § 10-5-2) (Ord. passed 8-10-2006)
§ 153.072 USES, BUILDINGS AND STRUCTURES TO COMPLY WITH DISTRICT REQUIREMENTS.
(A) Every building or structure erected, reconstructed, altered, enlarged or moved, and every building, structure or land, rearranged, designed or intended for any use shall be built or used only as allowed by the requirements of this chapter and the zoning district in which such building, structure, land or use is located.
(B) (1) A $750 monetary bond shall be required for a percentage of completion on a landscaping plan that will be required upon application for a building permit.
(2) This $750 bond will be refundable upon receiving a permanent occupancy permit.
(Prior Code, § 10-5-3) (Ord. passed 8-10-2006; Ord. 040314-01, passed 4-3-2014, eff. 4-3-2014)
§ 153.073 ALLOWED USES.
All uses allowed within the city, either as a permitted, conditional or temporary use, are identified in the table of uses, located in § 153.155.
(Prior Code, § 10-5-4) (Ord. passed 8-10-2006)
§ 153.074 PROHIBITED USES.
All uses not specifically provided in the table of uses, either as a permitted, conditional or temporary use are hereby identified to be prohibited uses in the residential, residential-agriculture and mobile home park zoning districts.
(Prior Code, § 10-5-5) (Ord. passed 8-10-2006)
§ 153.075 CULINARY WATER AND SANITARY SEWER REQUIREMENTS.
All primary buildings requiring culinary water, secondary water when it becomes available, and sanitary sewer services, shall be connected to the public culinary water and sanitary sewer systems of the city.
(Prior Code, § 10-5-6) (Ord. passed 8-10-2006)
§ 153.076 CERTIFICATE OF OCCUPANCY REQUIRED.
(A) Determination by Building Inspector.
(1) No building shall be occupied or used until a certificate of occupancy, as applicable, has been issued by the Duchesne County/Myton City Building Inspector.
(2) Prior to issuing a certificate of occupancy, the Building Inspector shall determine:
(a) That all construction has been completed, as authorized by a valid building permit;
(b) The establishment of the use is authorized as provided by valid approvals; and
(c) The building and use comply with all approvals, permits and licenses, as required by this chapter, and all other applicable requirements.
(B) Unlawful without certificate.
(1) It is unlawful to use or occupy, or to permit the use or occupancy of, any building or structure, unless a certificate of occupancy has been issued for such building or structure, as required by this section.
(2) It is unlawful to use or occupy, or to permit the use or occupancy of, any building or structure with a use or occupancy different than that provided by the certificate of occupancy. Failure to obtain a certificate of occupancy shall be a violation of this chapter.
(C) Public nuisance declared. The use or occupancy of any building, structure or premises for which a certificate of occupancy has not been issued is hereby declared to be a public nuisance and may be cited and abated as such. It shall also be a public nuisance for any building, structure or premises to be used or occupied in a manner different than authorized by a certificate of occupancy.
(Prior Code, § 10-5-7) (Ord. passed 8-10-2006) Penalty, see § 153.999
§ 153.077 REQUIRED YARD AREA FOR ONE BUILDING ONLY.
(A) Yard, setback area. No required yard or setback area for any building or lot required for the purposes of complying with this chapter shall be considered as providing the required yard or setback for any other building or lot.
(B) Area. No area needed to meet the minimum lot size, setback or other requirements of this chapter may be divided, sold or leased separate from such lot or building.
(C) Road frontage required. The city shall require 100 feet of road frontage; a corner lot shall require 200 feet of road frontage for building purposes. All buildings shall require front doors facing the frontage street.
(Prior Code, § 10-5-8) (Ord. passed 8-10-2006; Ord. 040314-01, passed 4-3-2014, eff. 4-3-2014)
§ 153.078 TABLE OF MINIMUM LOT AND SETBACK REQUIREMENTS.
(A) Table. The table of minimum lot and setback requirements identifies the lot size and building location requirements for primary buildings in each zoning district provided by this chapter. General development standards and supplementary development standards shall also be considered and are provided in this chapter and §§ 153.095 through 153.101.
Table of Minimum Lot and Setback Requirements | |||||
Site Requirements | R-15 | R-7.5 | RA-1 | MU-1 | C-1 |
Table of Minimum Lot and Setback Requirements | |||||
Site Requirements | R-15 | R-7.5 | RA-1 | MU-1 | C-1 |
Minimum lot size | 15,000 sq. ft. | 7,500 sq. ft. | 22,500 sq. ft. | 15,000 sq. ft. for commercial; 7,500 sq. ft. for residential | BC |
Minimum lot width | 100 ft. | 50 ft. | 150 ft. | 100 ft. | BC |
Minimum front yard setback | 20 ft. | 20 ft. | 20 ft. | 20 ft. | BC |
Minimum side yard setback | BC | BC | BC | BC | BC |
Minimum rear yard setback | BC | BC | BC | BC | BC |
Maximum building height | 35 ft. as measured by BC | 35 ft. as measured by BC | 35 ft. as measured by BC | 35 ft. as measured by BC | 50 ft. as measured by BC |
Note: BC = Building Code standard | |||||
(B) Exception to height limitations. The height limitations contained in this chapter do not apply to spires, cupolas, antennas, water tanks, ventilators, chimneys or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.
(C) Less than one story above grade not permitted. No primary building shall be erected to a height less than one story entirely above grade.
(Prior Code, § 10-5-9) (Ord. passed 8-10-2006)
§ 153.079 ACCESSORY BUILDINGS AND ACCESSORY USES.
Accessory buildings and accessory uses are permitted in conjunction with any primary building or use. All accessory buildings or accessory uses shall only be permitted concurrently with, or following, the establishment of the primary building or primary use. Accessory buildings may be attached to, or detached from, the primary building, except all accessory buildings housing animals or fowl shall be located at least 50 feet from the primary building. The location of all accessory buildings shall meet the required yard setback applicable in the zone. No mobile home, travel trailer or similar recreational vehicle shall be used as an accessory building. No accessory building shall be used as a dwelling for human occupancy.
(Prior Code, § 10-5-10) (Ord. passed 8-10-2006)
§ 153.080 SMALLER ACCESSORY BUILDINGS; EXEMPTION FROM BUILDING PERMIT.
All accessory buildings with a height of ten feet or less and a size less than 200 square feet shall not require a building permit, provided all setback requirements for the zone in which the accessory building is located are met.
(Prior Code, § 10-5-11) (Ord. passed 8-10-2006)
§ 153.081 OUTSIDE STORAGE OF INOPERATIVE VEHICLES PROHIBITED.
No required yard area (minimum area requirement) shall be used for the outside storage of inoperative vehicles, whether attended or not, upon any private property within the city for a period of time in excess of two months, except that three or fewer such vehicles, or parts thereof, may be stored if within a building, or placed behind an opaque screening fence. For the purposes of this chapter, any vehicle that is not currently licensed and insured to the minimum levels established by state law shall be considered inoperable.
(Prior Code, § 10-5-12) (Ord. passed 8-10-2006)
§ 153.082 FLOODPLAIN STANDARDS.
(A) Purpose. It is the purpose of this section to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by the following provisions, to:
(1) Protect human life and health;
(2) Minimize expenditure of public money for costly flood control projects;
(3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
(4) Minimize damage to public facilities and utilities, such as water and gas mains, electric, telephone and sewer lines, and streets located in areas of special flood hazard; and
(5) Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
(B) Geotechnical report required. In order to accomplish these purposes, all applications for a permitted use, conditional use, site plan, building permit, or any other approval, permit or license, as required herein, shall be required to provide a geotechnical report for any land area or parcel that has the potential for any special flood hazard. The areas of special flood hazard are identified by the Federal Emergency Management Agency in a map entitled “flood insurance rate map” (FIRM), dated February 4, 1988. The geotechnical report shall be provided as follows:
(1) Be prepared at the applicant’s expense by a registered or licensed geologist, soils engineer or civil engineer; and
(2) Identify the suitability of the subject property to accommodate the proposed development, identifying all development constraints, limitations, conditions and mitigation actions, applying best management practices.
(Prior Code, § 10-5-13) (Ord. passed 8-10-2006)