The purpose of the Rural Estate (E-40) District is to:

1. preserve and enhance the natural environment and resources of Park City, to protect the health and welfare of the residents of the community,
   
2. provide a zone for rural and agricultural Uses that require large Lot sizes,
   
3. mitigate geologic and flood hazards, and
   
4. preserve Open Space.

Uses in the E-40 District are limited to the following:

1. ALLOWED USES.
   
   1. Single Family Dwelling
      
   2. Secondary Living Quarters
      
   3. Lockout Unit¹
      
   4. Accessory Apartment²
      
   5. Nightly Rental³
      
   6. Home Occupation
      
   7. Child Care, In-Home Babysitting
      
   8. Child Care, Family Group⁴
      
   9. Accessory Building and Use
      
   10. Conservation Activity
       
   11. Agriculture
       
   12. Raising, grazing of horses
       
   13. Residential Parking Area or Structure, with four (4) or fewer spaces
       
   14. Internal Accessory Dwelling Unit⁹
       
2. CONDITIONAL USES.
   
   1. Guest House
      
   2. Group Care Facility
      
   3. Child Care Center⁴
      
   4. Public and Quasi-Public Institution, Church and School
      
   5. Essential Municipal Public Utility Use, Facility, Service, and Structure
      
   6. Telecommunication Antenna⁶
      
   7. Satellite Dish, greater than thirty-nine inches (39") diameter⁶ 
      
   8. Plant and Nursery Stock Production and Sales
      
   9. Raising, grazing of livestock
      
   10. Cemetery
       
   11. Bed and Breakfast Inn
       
   12. Parking Lot or Structure with five (5) or more space
       
   13. Temporary Improvement⁷
       
   14. Passenger Tramway Station and Ski Base Facility
       
   15. Ski Rope Tow, Ski Lift, Ski Run, and Ski Bridge
       
   16. Outdoor Event⁷
       
   17. Recreation Facility, Public and Private¹⁰
       
   18. Recreation Facility, Commercial
       
   19. Commercial Stables, Riding Academy
       
   20. Mines and Mine Exploration
       
   21. Fences greater than six feet (6') in height from Final Grade⁷
       
   22. Vehicle Control Gates⁸
       
3. PROHIBITED USES. Any Use not listed above as an Allowed or Conditional Use is a prohibited Use.
   

¹Nightly Rental of Lockout Units requires a Conditional Use permit

²Requires an Administrative Permit. See Section 15-4-7, Accessory Apartments

³Nightly Rentals do not include the Use of dwellings for Commercial Uses

⁴See LMC Chapter 15-4-9 for Child Care Regulations. Family Group Child Care and Child Care Center Uses require an Administrative Conditional Use permit.

⁵See LMC Chapter 15-4-14, Supplemental Regulations for Telecommunication Facilities

⁶See LMC Chapter 15-4-13, Supplemental Regulations for Satellite Receiving Antennas

⁷Requires an Administrative Conditional Use permit.

⁸See Section 15-4-19 for specific review criteria for gates.

⁹See Section 15-4-7.1, Internal Accessory Dwelling Units.

¹⁰See Section 15-4-22, Outdoor Pickleball Courts in Residential Areas.

Except as may otherwise be provided in this Code, no Building Permit shall be issued for a Lot unless such Lot has Frontage on a Street shown as a private or Public Street on the Streets Master Plan, or on a private easement connecting the Lot to a Street shown on the Streets Master Plan. All Development must comply with the following:

1. LOT SIZE AND DENSITY. The minimum Lot size for all Uses is forty (40) acres. The maximum Density is one (1) unit per forty (40) acres.
   
2. LOT WIDTH. The minimum Lot Width is one hundred feet (100'). In the case of unusual Lot configurations, Lot Width measurements shall be determined by the Planning Director.
3. SETBACKS. The minimum Front, Side, and Rear Setbacks for all Structures are thirty feet (30’).

No Structure may be erected to a height of greater than twenty-eight feet (28') from Existing Grade. This is the Zone Height.

1. BUILDING HEIGHT EXCEPTIONS. The following height exceptions apply:
   
   1. Gable, hip, Barrel, and similar pitched roofs may extend up to five feet (5') above the Zone Height, if the roof pitch is 4:12 or greater.
      
   2. Antennas, chimneys, flues, vents, and similar Structures may extend up to five feet (5') above the highest point of the Building to comply with the International Building Code (IBC) requirements.
      
   3. Water towers, mechanical equipment, and associated Screening, when enclosed or Screened may extend up to five feet (5') above the height of the Building.
      
   4. Church spires, bell towers, and like architectural features, subject to the Architectural Guidelines, LMC Chapter 15-5, may extend up to fifty percent (50%) above the Zone Height, but shall not contain Habitable Space above the Zone Height. Such exceptions require approval by the Planning Director.
      
   5. An Elevator Penthouse may extend up to eight feet (8') above the Zone Height.
      
   6. Ski lifts and tramway towers may extend above the Zone Height subject to a Conditional Use Permit, a visual analysis, and compliance with requirements as stated in LMC Section 15-4-18.

Prior to the issuance of a Building Permit for any Conditional or Allowed Use, the Planning Department must review the proposed plans for compliance with Architectural Review Chapter 15-5.

All Conditional Uses in the Estate-40 (E-40) District are subject to the Sensitive Lands Overlay (SLO) Zone and to an additional review for hillside stabilization and flood control. The Developer must submit the following materials with a Conditional Use Application:

1. A map of the Site showing the contours in intervals of no more than five feet (5') in elevation;
   
2. A map showing Access routes, both existing and proposed, showing the Grade of Rights-of-Way and private and Public Roads, widths, curve data, and similar information for evaluation of emergency vehicle Access;
   
3. A soils analysis from a qualified engineer, showing that there are no serious geologic, hydrologic, or mining hazards, and that Development on the Site will not create or exacerbate such hazards.
   
4. A report from a qualified engineer showing the availability of water service and adequacy of pressure from existing facilities, and/or the costs of constructing and operating new facilities necessary to deliver adequate pressures, including fire flows to the project.
   
5. Graphic materials sufficient to show the location of the project and the visual impact of the project from various locations within the City.

A Bed and Breakfast Inn is a Conditional Use. No Conditional Use permit may be issued unless the following criteria are met:

1. If the Use is in a Historic Structure, the Applicant will make every attempt to rehabilitate the Historic portion of the Structure.
   
2. The Structure has at least two (2) rentable rooms. The maximum number of rooms will be determined by the Applicant’s ability to mitigate neighborhood impacts.
   
3. In a Historic Structure, the size and configuration of the rooms are Compatible with the Historic character of the Building and neighborhood.
   
4. The rooms are available for Nightly Rental only.
   
5. An Owner/manager is living on-Site, or in Historic Structures there must be twenty-four (24) hour on-Site management and check-in.
   
6. Food service is for the benefit of overnight guests only.
   
7. No Kitchen is permitted within rental rooms.
   
8. Parking on-Site is required at a rate of one (1) space per rentable room. The Planning Commission may waive the parking requirement for Historic Structures if the Applicant proves that:
   
   1. No on-Site parking is possible without compromising the Historic Structure or Site, including removal of existing Significant Vegetation, and all alternatives for proximate parking have been explored and exhausted; and
      
   2. The Structure is not economically feasible to restore or maintain without the adaptive Use.
      
9. The Use complies with Section 15-1-10, Conditional Use review.

Outdoor events and music require an Administrative Conditional Use permit. The use must also comply with Section 15-1-10, Conditional Use review. The Applicant must submit a Site plan and written description of the event, addressing the following:

1. Notification of adjacent Property Owners.
   
2. There is no violation of the City Noise Ordinance, Title 6.
   
3. Impacts on adjacent Residential Uses.
   
4. Proposed plans for music, lighting, Structures, electrical, signs, etc.
   
5. Parking demand and impacts on neighboring Properties.
   
6. Duration and hours of operation.
   
7. Impacts on emergency Access and circulation.

The raising and grazing of horses may be approved as a Conditional Use by the Planning Commission. In making a determination as to whether raising and grazing of horses is appropriate, the Planning Commission shall consider the following criteria:

1. Any barn must be located a minimum of seventy-five feet (75') from the nearest Dwelling Unit.
   
2. There shall be a maximum of two (2) horses per acre.
   
3. Terrain and Slope of the Property must be suitable for horses.
   
4. The Applicant must submit an Animal Management Plan outlining the following:
   
   1. waste removal/odors;
      
   2. drainage and runoff;
      
   3. bedding materials;
      
   4. flies; and
      
   5. feed/hay

The Property Owner must protect Significant Vegetation during any Development activity. Significant Vegetation includes large trees six inches (6") in diameter or greater measured four and one-half feet (4½') above the ground, groves of smaller trees, or clumps of oak and maple covering an Area fifty square feet (50 sq. ft.) or more measured at the drip line.

Development plans must show all Significant Vegetation within twenty feet (20') of a proposed Development. The Property Owner must demonstrate the health and viability of all large trees through a certified arborist. The Planning Director shall determine the Limits of Disturbance and may require mitigation for loss of Significant Vegetation consistent with Landscape Criteria in Sections 15-3-3 15-5-5(N), and Title 14.

Signs are allowed in the E-40 District as provided in the Park City Sign Code, Title 12.

• Fences and Walls. Section 15-5-2.
  
• Accessory Apartments. Section 15-4-7.
  
• Satellite Receiving Antenna. Section 15-4-13.
  
• Telecommunication Facility. Section 15-4-14.
  
• Parking. Chapter 15-3.
  
• Landscaping. Title 14; Sections 15-3-3 and 15-5-5(N).
  
• Lighting. Sections 15-3-3 and 15-5-5(J).
  
• Historic Preservation. Chapters 15-11 and 15-13.
  
• Park City Sign Code. Title 12.
  
• Architectural Review. Chapter 15-5.
  
• Snow Storage. Section 15-3-3.
  
• Parking Ratio Requirements. Section 15-3-6.