The requirements of this ordinance as to minimum lot area, minimum lot width, or frontage on a public street shall not be construed to prevent the use for a single family dwelling of any lot or parcel of land provided the following conditions are both met:

1. Such lot or parcel of land was held in separate ownership at the time of the effective date of the City’s original zoning ordinance (31 July, 1970), and the lot remains as that same separate lot until the present when the application for building upon said lot is submitted to the city, and
2. Such lot or parcel of land either has at least sixteen (16) feet of frontage on a public street or the lot or parcel of land meets the requirements prescribed in Section 12C-104 below.

Every dwelling shall be located and maintained on a "lot" as defined in this ordinance or on a “flag lot” in accordance with section 12D-307. Parcels of land which otherwise satisfy the definition of a “lot” in this ordinance, but do not have adequate frontage on a public street, may also be considered a lot for the purpose of locating and maintaining a dwelling thereon, if the City Council determines that the requirements of either Condition One or Condition Two in Subsection A are met; and all of the conditions in Subsections B, C and D are met:

1. 1. Condition One - It is shown that the lot will have frontage on a public street at some future time for either of the following situations:
      
      1. It can be shown that the lot would have adequate frontage on a road shown on the City’s General Transportation Plan if said public street were to be built; or
         
      2. It can be shown that future development of the area, such as a subdivision of the property in question and/or surrounding property, will provide the required frontage on a public street. To adequately show this, a concept plan must be presented to and approved by the Planning and Zoning Commission and must show:
         1. how the proposed dwelling will eventually have adequate frontage on a public street if the concept plan is developed and
         2. how, in the meantime, the dwelling will be provided access to a public street by an adequate private lane (as defined in paragraph 12C-118 below).
   or
   
   
   2. Condition Two - It is shown to the satisfaction of the City Council that it is unlikely that the lot would ever be able to have frontage at some future time if either planned roads were built or surrounding undeveloped lands were developed.
2. Once either Condition One or Two is satisfied, in order to build on the lot the property owner must enter into an agreement with the City, and the provisions of the agreement shall run with the land and shall be recorded with the County Recorder. The agreement must set forth any conditions deemed appropriate by the City Council to ensure the conditions and requirements set forth in this section are met.
3. In addition, in order for a single family dwelling to be built on a lot not currently having adequate frontage on a public street, as allowed herein, the following conditions must be met:
   1. The dwelling must be within 600 feet of a fire hydrant as measured along the logical fire access route and the dwelling must be hooked up to city water and sewer systems. If a water and/or sewer main extension is necessary to meet city construction standards, those will be put in at the property owner’s expense.
   2. Pick-up points for mail delivery and trash collection must be at a location agreeable to the postal and trash collection service providers. The property owner must show, on a diagram of the area, where the pick up points are to be and must obtain a letter signed by those service providers agreeing to the pick-up points.
   3. Any private lane serving the lot is to be maintained in good condition and accessible. It must be kept clear of snow, independent of any city maintenance, entirely at the expense of the private lane owner(s). The developer of the dwelling must provide a letter to the City stating how the private lane is to be maintained including how it is to be kept clear of snow. The private lane must also be maintained such that a thirteen-foot, six-inch (13’6”) vertical-distance clearance is maintained along the course of the lane.
   4. The dwelling must be located on the property to meet, any appropriate set-back requirements for the zone in which it is located as if the private lane were a public street. The location of the dwelling must also be such that any planned street or proposed street in the concept plan, approved under “Condition One” above, would also provide the required setback in the zone. The owner must show, by surveyor’s report, that the dwelling’s setback is and will be sufficient.
   5. The dwelling must be accessible by emergency vehicles. The property owner must provide a paved, private lane into the property that meets the requirements of Section 12C-118. The private lane and any additionally needed driveway must be of such combined length and configuration as to allow fire equipment access to within fifty feet of the dwelling.
   6. The building permit application for the proposed dwelling must include a drainage and water control plan from a licensed engineer to ensure any surface and subsurface water on the lot is properly managed.
4. Restrictions – The provisions of this section to allow building on a lot or parcel that does not have sufficient frontage on a public street may not be utilized to allow a re-division of a lot (or lots) within a subdivision which has been approved since the effective date of the City’s original zoning ordinance (31 July, 1970). This must instead be done as an amendment or revision of the subdivision plat and adequate frontage must be provided by that means.

Height of fences, hedges, or shrubs.

No fence, wall or other similar structure shall be erected in any required front yard setback of a lot to a height in excess of four (4) feet (exceptions may be granted by obtaining a conditional use permit at the discretion of the North Logan City Planning Commission; if it can be demonstrated the fence won't impede necessary access for emergency or other City services, does not interfere with visual for police and fire, and does not negatively impact safety and aesthetics for property values); nor shall any fence or other similar structure be erected in any side or rear yard setback to a height in excess of six (6) feet except for accessory buildings and structures permitted herein and deer control fencing as permitted in Chapter 16-600 with no barbed wire, razor wire or anything similar allowed above six (6) foot on any fencing.

Where there is a difference in the grade of the properties on either side of a fence or wall, the height of the fence or wall shall be measured from the average elevation of finished grades of the adjoining properties in question at the fence line, except that no fence need be less than forty-two (42) inches in height.

Where a retaining wall protects a cut below the natural grade and is located on the line separating lots, such retaining wall may be topped by a fence, wall, or hedge of the same height that would otherwise be permitted at the location if no retaining wall existed.

Where a retaining wall contains a fill, the height of the retaining wall built to retain the fill shall be considered as contributing to the permissible height of a fence, solid wall or hedge, providing that in any event a protective fence or wall not more than forty-two (42) inches in height may be erected at the top of the retaining wall.

Group dwelling developments are permitted in any R-2 or RM zone subject to the following conditions:

1. Purpose. The purpose of this ordinance is to ensure that Group Dwellings do not have an adverse impact on the character of adjacent neighborhoods and to ensure that issues of public safety, traffic and parking are mitigated. Permitting of these facilities is governed by the zoning ordinance in general and this chapter specifically. The intent of these regulations is to avoid discrimination in housing against any person regardless of age or disability in compliance with the Utah Fair Housing Act and the Federal Fair Housing Act. It is intended that these municipal regulations locate group dwellings where the site can accommodate traffic needs of the facility and have adequate off-street parking, where the facility is designed to be compatible with the character of the neighborhood, and where these types of facilities are consistent with the activities otherwise permitted in the zone.
2. Group Dwellings Regulated By Zoning Ordinance: North Logan City’s Zoning Ordinance allows for a variety of different Group Dwellings but in most cases such dwellings are regulated differently from a single family dwelling unit. A Group Dwelling is a residential facility where a group of unrelated individuals live together. The various types of group dwellings are either permitted, not permitted, or allowed by conditional use permit in accordance with the zoning matrix in 12C-1001. North Logan City defines several types of Group Dwellings namely:
   1. Boarding or Rooming House;
   2. Residential Facility for Elderly;
   3. Residential Facility for Persons with a Disability;
   4. Dormitory, Fraternity, or Sorority;
   5. Assisted Living Facility;
   6. Nursing Care Facility;
   7. Small Residential Health Care Facility;
   8. Home Providing Residential Care for Minors; and
   9. Group Home for Homeless or Transients.
3. Zoning Clearance and Certification: No Group Dwelling may operate in North Logan City without first obtaining zoning clearance to do so. Zoning clearance shall be required prior to the issuance of a building permit for any new construction or building modifications for a Group Dwelling and if a conditional use permit (CUP) is required, prior to, or concurrently with the CUP application being submitted. For existing structures, zoning clearance shall be required prior to, or concurrently with the business license application being submitted if operating as a business or prior to occupying the facility as a group dwelling if not operating as a business. To be issued zoning clearance for the Group Dwelling by the Planning Commission the person or entity operating the Group Dwelling Zoning Clearance shall:
   1. Comply with all applicable state and local land-use and zoning ordinances and Americans with Disabilities Act (ADA) as applicable.
   2. Provide a certified copy of any licenses or the filed application for a license issued by the Department of Human Services, the Department of Health, or the City (including a business license) if a license is required for the type of Group Dwelling being authorized.
   3. If the facility is for treating substance abuse patients, provide a security plan satisfactory to local law enforcement authorities and provide an emergency response/fire escape plan satisfactory to the local fire marshal for the facility being authorized.
   4. Certify in a sworn affidavit submitted with the Application for Zoning Clearance, that no person will be placed or remain in the facility whose prior or current behavior, actions and/or criminal incidents or convictions, have demonstrated that such person is or may be a substantial risk or direct threat to the health or safety of other individuals, or whose said behavior, actions and/or incidents or convictions have resulted in or may result in substantial physical damage to the property of others. Such affidavit shall be supplemented and updated not fewer than one hundred fifty (150) days nor more than one hundred ninety (190) days from the date of issuance of the initial business license and at the time of each application for renewal of the business license, or no later than the 1st day of each January after the Zoning Clearance was issued in the event no business license is required for the facility.
   5. For a Residential Facility for Persons with a Disability, the person or entity operating the facility shall certify in a sworn affidavit submitted with the application for zoning clearance that all current residents/clients qualify and that all future residents/clients will each qualify prior to admission to the facility as a person with a disability as defined within the Americans with Disabilities Act. The affidavit shall also include a certification that placement in the facility must be on a voluntary basis, and not a part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional facility, and that proof of adequate public liability insurance coverage be provided. Voluntary placement of a minor in the facility by a parent or parents, or by the state in its capacity as guardian for minor children who are not subject to criminal penalties, shall be considered placement on a voluntary basis for the purposes of this section.
   6. For a Residential Facility for Elderly Persons, the person or entity operating the facility shall certify in a sworn affidavit submitted with the application for a zoning clearance that all current residents/clients qualify and that all future residents/clients will qualify prior to admission to the facility as persons sixty (60) years of age or older.
4. Reasonable Accommodations: None of the conditions in this ordinance shall be interpreted to limit reasonable accommodations necessary to the establishment or occupancy of a residential facility for person(s) with a disability.
   1. Application: Any person or entity who wishes to request a reasonable accommodation shall make application to the Planning Commission. Said application shall require, in writing, the name, mailing address, and phone number of the applicant; the nature and extent of the disability; an exact statement of the ordinance or policy from which the applicant needs a reasonable accommodation; the applicant’s proposed reasonable accommodation(s); a statement detailing why the requested accommodation is reasonable and necessary; the physical address of the property where the applicant intends on living; and the current use of the residence using the definitions in this ordinance.
   2. Decision: The Planning Commission shall render a decision on each application for a reasonable accommodation within ninety (90) days. The decision shall be based on evidence of record demonstrating all of the following:
      1. The requested accommodation will not undermine the legitimate purposes of existing zoning regulations notwithstanding the benefit that the accommodation would provide to a person with disability.
      2. That but for the accommodation, one (1) or more persons with a disability will be denied an equal opportunity to enjoy housing within the community.
      3. That equal results will be achieved as between the person with a disability requesting the accommodation and a non-disabled person.
   3. Appeal: Any person adversely affected by a final decision of the Planning Commission regarding a request for reasonable accommodation may appeal that decision to the North Logan City Appeal Authority as provided in 12B-603 of this Code.

Any private lane providing access to a single family dwelling shall meet the following standards:

1. Width – The private lane for one lot shall have a minimum right-of-way or ingress-egress easement width of sixteen (16) feet with at least twelve (12) feet being paved. The private lane for more than one lot shall have a minimum right-of-way or ingress-egress easement width of twenty-four (24) feet with at least twenty (20) feet being paved.
2. Length – In no case shall the length of a dead-end private lane exceed 600 feet as measured from the right-of-way line parallel to the public road accessed to the center of the radius of the turn around provided at the interior end of the lane. If the private lane is a through road, with a second point of ingress-egress to a public street, the private lane may be any length. If a dead-end private lane is longer than 150 feet, a paved turnaround area shall be provided with at least a minimum of at least a forty-two foot (42’) paved radius with a fifty-foot (50’) unobstructed area radius.
3. Access – Private lanes, for the purposes outlined in this section, shall be open to public access. No signs restricting or implying restrictions to public access shall be posted and no signs shall be erected without approval from the City Council.
4. Construction Standards – The paved surface shall be constructed in accordance with the North Logan Design Standards Technical Manual with the subsurface construction elements described therein. No curb and gutter will be required but if constructed, they too will be built to city standards at the owner(s)’ expense.
5. Exceptions - Private lanes or other access ways that existed prior to 31 July, 1970 that do not otherwise meet the width standards stated in in paragraph A, may be considered adequate for purposes of constructing single family residences on private lanes, as provided for in Paragraph 12C-104C(5), if it can be shown to the satisfaction of the City Council that the following conditions are met:
   1. The private lane must have been used historically as a private lane, having provided access to at least one single family dwelling, prior to 31 July 1970.
   2. The City Council, with advice from the Fire Chief, must determine that the existing width will provide adequate access for public safety vehicles.
   3. If the existing width is determined not to be adequate, additional width may be constructed to meet the requirements imposed but where the private lane cannot be constructed to provide the required width along the full length of the lane, those portions which can be built to meet  the required standard must be so built, provided it is determined that such partial additions  will provide adequate access. A minimum of at least twelve (12) feet of paved access and  sixteen (16) feet of right-of-way must be provided in any case. If the entire length of the private lane cannot be built to full width, at least the property on which the dwelling is to be built must provide the required access width along the property to be developed.

Any lot or parcel that is not part of an approved subdivision for the purposes of this section shall be interpreted as a parcel. All development of residential parcels, including those that existed as a parcel prior to the time when the city initially implemented zoning or subdivision ordinances, or parcels divided since that time, whether through the subdivision process or not, shall be required to complete and provide for certain improvements. The required improvements are as follows:

1. Street right-of-way dedication to the City along all parcel frontage, side and rear yards where there are existing streets or where the City’s Transportation Section of the General Plan requires streets.
2. Utility easements along the front, rear and side parcel lines as is typical of a subdivided lot.
3. A survey performed by a licensed surveyor, approved by the City Engineer, and filed with the County Recorder’s office that defines the parcel boundaries, shows dedication of any rights-of-way required by part 1, and shows all easements required in part 2.
4. Underground power is required from the nearest existing source to all facilities on the parcel. The only exception to this is where overhead lines currently exist and no new pole is required to be set to service the home or other facilities.
   

Such improvements shall be in accordance with the City’s General Plan, Subdivision Ordinance, and the City’s Design Standards Technical Manual (DSTM).