—1. Scope of provisions. This section contains the district regulations of the "R-8" Residence District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this chapter which are incorporated as part of this section by reference.

2.

Permitted land uses and developments. The following land uses and developments are permitted in this district:

(1)

Churches.

(2)

The following Commercial uses are permitted when located within a multiple family structure: barber or beauty shop; child care center; cigar and newspaper stands; food or drug store; laundry or dry cleaning pick-up station or self-service laundry or dry cleaning facility; restaurant medical offices related to seniors.

These uses shall, however, meet the following restrictions:

(a)

They shall occupy no more than five percent of the gross floor area of the structure or if provided in a single structure of a multi-structure development under single ownership, no more than five percent of the total gross floor area of the multiple family structures within the development;

(b)

No public entrance to such uses is from the outside of the structure except for multiple family residences for the elderly; and

(c)

No displays are visible from the outside of the structure except for multiple family residences for the elderly.

(3)

Day care homes licensed under Chapter 819 of Title VIII SLCRO 1974, as amended, which are located five hundred (500) feet or more, when measured from lot lines, from another day care home as determined by the Director of Planning.

(4)

Dwellings, multiple family, row houses, and other group-house arrangements of attached or detached buildings.

(5)

Dwellings, single family.

(6)

Dwellings, three family.

(7)

Dwellings, two family.

(8)

Group homes for the handicapped occupied by not more than eight (8) individuals (excluding supervisory personnel) who need not be related by blood or marriage to the operator or operators of the facility.

(9)

Home occupations.

(10)

Libraries, public or private not-for-profit.

(11)

Local public utility facilities sixty (60) feet or less in height or one hundred thousand (100,000) cubic feet in volume or less, provided that any installation, other than poles and equipment attached to the poles, shall be:

(a)

Adequately screened with landscaping, fencing or walls, or any combination thereof, or

(b)

Placed underground, or

(c)

Enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area.

All plans for screening these facilities shall be submitted to the Department of Planning for review. No building permit or installation permit shall be issued until these said plans have been approved by the Department of Planning.

(12)

Parks, parkways, and playgrounds, public or private not-for-profit.

(13)

Police stations and fire stations.

(14)

Schools, public or private kindergarten, secondary, and collegiate.

(15)

Schools, public or private elementary, on a tract of land of at least five (5) acres.

(16)

Telecommunication towers of forty (40) feet or less in height.

3.

Conditional land use and development permits issued by the commission. The following land uses and developments may be permitted under conditions and requirements specified in Section 1003.181 Conditional Use Permits:

(1)

Adult day care centers.

(2)

Child care centers, nursery schools, and day nurseries.

(3)

Private, not-for-profit clubs, private, not-for-profit recreational land uses, and community centers.

(4)

Dormitory or group living facilities for religious, educational, or charitable purposes.

(5)

Foster homes for handicapped children.

(6)

Golf courses. Miniature golf courses are excluded.

(7)

Group homes for the elderly.

(8)

Group homes for the handicapped to be occupied by nine (9) or more individuals (excluding supervisory personnel) not related by blood or marriage to the operator or operators of the facility.

(9)

Group living facilities providing a permanent residence for not more than nine (9) individuals, all over eighteen (18) years of age and who are ordained or hold a designated religious position with the same religious institution.

(10)

Hotels, including customary services for guests.

(11)

Hospitals and hospices.

(12)

Local public utility facilities over sixty (60) feet in height or over one hundred thousand (100,000) cubic feet in volume.

(13)

Mortuaries.

(14)

Nursing homes.

(15)

Parking lots, when adjacent to land in a "C" Commercial or "M" Industrial District, and when parking is used with a commercial or industrial development.

(16)

Public utility facilities.

(17)

Schools, public or private elementary, on a tract of land of at least three (3) acres but less than five (5) acres.

(18)

Sewage treatment facilities, other than facilities permitted as an accessory use.

(19)

Specialized private schools.

(20)

Telecommunication towers up to two hundred (200) feet in height.

4.

Accessory land uses and developments. Subject to compliance with the procedures of this section, accessory buildings, structures and uses are permitted in conjunction with a permitted land use or development or (unless restricted by applicable condition) a conditional land use or development when such accessory building, structure or use is customarily found in conjunction with the primary use, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use, and serves only to further the successful utilization of the primary use, Detached above-ground accessory structures shall not cover more than a total of 7% of the lot area. Accessory uses include the following:

(1)

Devices for the generation of energy, such as solar panels, solar arrays, ground source heat pump systems, wind energy systems, and similar devices.

(2)

Individual sewage treatment facilities serving an individual dwelling or non-residential use, as approved by the appropriate regulatory agency. The sewage treatment facilities shall not exceed five thousand (5,000) gallons per day flow.

(3)

Signs (directional and information).

5.

Performance standards. All uses in the "R-8" Residence District shall operate in conformity with the appropriate performance standards contained in Section 1003.163 Zoning Performance Standard Regulations.

6.

Height limitations for structures. No structure, other than a public utility tower authorized by a conditional use permit, shall exceed a height of two hundred (200) feet above the average finished ground elevation at the perimeter of the structure; except that the height of structures may be further restricted as provided in Section 1003.161 Air Navigation Space Regulations.

7.

Lot area, yard, and density requirements. The minimum lot area and yard requirements for land uses and developments in the "R-8" Residence District as well as the maximum density of nursing home self care units shall be as set out below:

(1)

Minimum lot area requirements:

(a)

The following permitted and conditional land uses shall be situated on tracts of land providing not less than the following areas:

*Lot size may be smaller if authorized by Section 1003.183 or Section 1003.187 of this chapter or if lot is a legal lot of record.

(b)

Any lot or tract of record on the effective date of this chapter, which contains less than four thousand five hundred (4,500) square feet, may be used as a site for one (1) single family dwelling together with accessory structures and uses.

(c)

Foster homes for handicapped children, group homes for the elderly, and not-for-profit private clubs and recreational land uses, including community centers, as approved by the Planning Commission via a conditional use permit may be established on tracts of land less than twelve thousand (12,000) square feet where the related parking needs, outdoor facilities, size of buildings and maximum membership of the developments and uses are deemed consistent with the intensity of land use in the neighborhood of the uses and developments. However, the minimum tract area for the conditional developments and uses shall not be less than eight thousand (8,000) square feet.

(d)

Specialized private schools shall be located on a tract of land containing one (1) acre for each fifteen (15) pupils, but in no case less than five (5) acres, nor more than that required by the school land area requirements, as listed in paragraph 7(1)(a).

(e)

All other permitted or conditional land uses in this district shall be situated or conducted on tracts of land at least twelve thousand (12,000) square feet in area.

(2)

Minimum yard requirements: General.

(a)

Front yard. No structure shall be allowed within twenty (20) feet of any roadway right-of-way line.

(b)

Side yard. No single family dwelling or unattached side of an attached single family dwelling or structure accessory to a single family or attached single family dwelling except as noted shall be allowed within five (5) feet of any side property line. Detached garages accessory to unattached single family dwellings shall be a minimum of three (3) feet from any side property line.

No other structure shall be allowed within ten (10) feet of any side property line.

(c)

Rear yard. No structure, except single family attached dwellings and detached garages accessory to unattached single family dwellings, shall be allowed within fifteen (15) feet of any rear property line. Unattached sides of single family attached dwellings shall be a minimum of fifteen (15) feet from any rear property line. Detached garages accessory to unattached single family dwellings shall be a minimum of three (3) feet from any rear property line.

(d)

Vehicle entrances on garages shall be a minimum of twenty (20) feet from the garage door to the back of any public street.

(3)

Distances between buildings. No wall of any separate (detached) structure, other than a single family dwelling or structures accessory to a single family dwelling, shall be located closer to any wall of another structure than as set out in the following table;

Any dimension given above shall include the side yard required for a single family dwelling when any described wall faces the side lot of any separately owned property, whether or not any structure is located on said property.

(4)

Specific yard regulations and exceptions.

(a)

Notwithstanding any other provision of this chapter, on corner lots, no structure or plant material exceeding three (3) feet in height above the elevation of the street pavement is allowed within the sight distance triangle.

(b)

Boundary walls or fences, six (6) feet or less in height, are allowed within the minimum yard requirements.

(c)

Permitted information signs, six (6) feet or less in height, are allowed within the minimum front yard setback.

(d)

Permitted directional signs, three (3) feet or less in height, are allowed within the minimum front yard setback.

(e)

Light standards for street lighting or at points of ingress and egress, but not including parking lot lighting, are allowed within the minimum front yard setback when approved by the Department of Planning. Light standards for parking lot lighting are allowed no closer than ten (10) feet of any side or rear yard line which adjoins property in the "NU" Non Urban, "PS" Park and Scenic, or any "R" Residence District.

(f)

Solar arrays or above ground equipment associated with ground source heat pumps may not be located within the front yard setback.

(g)

Solar arrays shall be located a minimum of twenty (20) feet from all property lines and other structures.

(h)

A solar array shall not exceed one-half (½) the footprint of the principal structure or six hundred (600) feet, whichever is greater.

(i)

Above ground equipment associated with ground source heat pump stations shall meet the structure setbacks of the underlying zoning district and shall not encroach on any easement or right of-way.

(j)

In the event that greater than fifty (50) percent of the existing dwelling structures on the same side of a street and in both directions from a lot, for a distance of five hundred (500) feet or to the nearest intersecting street, whichever distance is less, have a front yard setback variation of no more than ten (10) feet, the required front yard for that lot shall be the average setback of those structures. However, in no case shall any building be located closer than fifteen (15) feet from any roadway right-of-way line, nor shall a setback of greater than fifty (50) feet be required.

(k)

If a lot of record existing on the effective date of this chapter has a width of sixty (60) feet or less, the side yard on each side of any structure erected on such lot may be reduced to a width of not less than ten (10) percent of the width of the lot, but in no instances shall such yard be less than five (5) feet in width.

(l)

Any structure, other than a public utility tower authorized by a conditional use permit, which exceeds forty-five (45) feet in height above the average finished ground elevation at the perimeter of such structure shall be set back from all property lines a distance of one (1) foot for every two (2) feet of height above forty-five (45) feet, in addition to the minimum yard requirements.

(m)

Parking lots for five (5) or more vehicles, loading spaces, or internal drives serving said parking lots or loading spaces, except ingress and egress drives, shall be set back a minimum of twenty (20) feet from any roadway right-of-way line and ten (10) feet from any adjoining property in a "PS", "NU", or "R" District. No setback is required from adjoining properties, in a "C" or "M" District unless required by the conditions of a conditional use permit. Parking shall be screened from any adjoining property in a "PS", "NU", or "R" District using fences, berms, or landscaping.

(n)

Notwithstanding any other provisions of this chapter, no wind energy systems or telecommunication towers shall be closer to a property line of "PS" Park and Scenic District, "NU" Non-Urban District or "R" Residence District property than a distance equivalent to the height of the proposed telecommunication tower. A greater setback may be required by the conditions of a conditional use permit.

(o)

The turbine and tower of a wind energy system shall remain painted or finished in the color that was originally applied by the manufacturer. Bright, luminescent, or neon colors as determined by the Director of Planning shall be prohibited.

(p)

The blade tip or vane of any wind energy system shall have a minimum ground clearance of fifteen (15) feet as measured from the lowest point of the arc of the blades.

(q)

No illumination of or on the turbine or tower shall be allowed unless required by the FAA.

(r)

Any climbing foot pegs or rungs below twelve (12) feet of a freestanding tower shall be removed to prevent unauthorized climbing.

(5)

Maximum density and height requirements for nursing homes.

(a)

Densities of self care units shall not exceed ninety (90) units per acre.

(b)

No building within a nursing home development shall exceed a height of two hundred (200) feet above the average ground elevation at the perimeter of the building.

8.

Off-street parking and loading requirements. Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section 1003.165 Off-Street Parking and Loading Requirements.

9.

Sign regulations. Sign regulations are set forth in Section 1003.168 Sign Regulations.

(O. No. 27570, 10-10-19)