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

(Prior code § 22-2-1)

A.

Land, buildings and premises in any zone shall hereafter be used only for the purpose listed in this title as permitted in that zone, and in accordance with the regulations established in this title in that zone.

B.

The permit of occupancy shall be issued by the chief building inspector and the development services division director to the effect that the use and/or building or premises conforms to the provisions of this title and related ordinances prior to the occupancy of any building hereafter erected, enlarged or structurally altered, or where any vacant land is hereafter proposed to be occupied or used, except for permitted agricultural uses.

C.

Such a permit shall also be issued whenever the character or use of any building or land is proposed to be changed from one use to another use.

D.

Upon written request from the owner, such a permit shall also be issued covering any lawful use of a building or premises existing on the effective date of the amendment codified herein, including nonconforming buildings and uses.

(Ord. 982 § 6, 1986: prior code § 22-2-22)

Permitted or conditional uses not specifically listed in this title shall be prohibited, unless allowed by the following process. If apreviously unidentified use not contemplated in this title is proposed, a property owner may submit a written request for the planning and development services division director to interpret the zoning ordinance pursuant to the procedural steps of this section to determine whether the proposed use has the same character as an existing permitted or conditional use allowed in the zone designated for the owner's property. The director's determination shall be subject to appeal to the planning commission as provided in this section. Such appeal shall be filed in writing within ten days after written notification to applicant of the planning and development services division director's determination. The procedure shall be as follows:

A.

Written Request. A written request for such a determination shall be filed with the planning and development services division director. The request shall include a detailed description of the proposed use and such other information as may be required.

B.

Investigation. The planning and development services division director shall thereupon make such investigations as are deemed necessary to compare the nature and characteristics of the proposed use with those of uses specifically listed in this title, and to make a determination of its classification.

C.

Determination. The determination of the planning and development services division director shall be rendered in writing within thirty days unless an extension is granted by the planning commission. The determination shall state the zone classification in which the proposed use will be permitted as well as the findings which established that such use is of the same character as uses permitted in that zone classification. If the director determines that the proposed use does not have the same character as an existing permitted or conditional use allowed in the designated zone, the proposed use is prohibited. Upon makingthis decision, the planning and development services division director shall forthwith notify the applicant, the planning commission and the development services division.

D.

Effect. The determination and all information pertaining thereto shall become a permanent public record in the office of the planning and development services division director. Such use shall thereafter become a permitted or conditional use in the class of district specified in the determination, and shall have the same status as a permitted or conditional use specifically named in the regulations for the zone classification.

(Ord. No. 1895, § IV, 4-12-2022; Ord. 1473 (part), 2001: Ord. 1277 § 2, 1994; Ord. 982 § 4, 1986: prior code § 22-2-20)

Editor's note— Section IV of Ord. No. 1895, adopted April 12, 2022, changed the title of § 19.76.030 from "Uses not listed—Administrative determination" to read as herein set out.

Unless otherwise specifically provided for in this title, any person shall have the right to appeal to the land use hearing officer a decision of the planning commission rendered under this title. Appeals shall follow the procedure set forth in Section 19.92.050.

(Ord. No. 1758, § XIII, 9-24-2013; Ord. 1473 (part), 2001: Ord. 977 § 1, 1986: prior code § 22-2-26)

Every dwelling shall be located and maintained on a lot, as defined in this title.

(Prior code § 22-2-4)

The requirements of this title as to minimum lot area or lot width shall not be construed to prevent the use for a single-family dwelling of any lot or parcel of land, provided that such lot or parcel of land is located in a zone which permits single-family dwellings, and is a legally divided lot held in separate ownership at the time such requirements became effective for such lot or parcel of land.

(Prior code § 22-2-2)

On any lot under a separate ownership from adjacent lots and of record at the time of passage of the ordinance codified herein, and such lot having a smaller width than required for the zone in which it is located, the width of each of the side yards for a dwelling may be reduced to a width which is not less than the same percentage of the width of the lot as the required side yard would be of the required lot width; provided that, on interior lots, the smaller of the two yards shall be in no case less than five feet, or the larger less than eight feet; and for corner lots, the side yard on the side street shall be in no case less than ten feet or the other side yard be less than five feet.

(Prior code § 22-2-5)

The requirements of this title as to minimum lot area and minimum yards may be reduced by the planning commission for a public use. The planning commission shall not authorize a reduction in the lot area or yard requirements unless the evidence presented is such as to establish that the reduction will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity.

(Ord. 1251 § 3, 1993)

Except where the requirements of this section are reduced by permit of the land use hearing officer, the minimum area for any lot fronting on a private right-of-way, at least twenty feet wide, shall be one-half acre, and the minimum distance from the center of the right-of-way to the front line of the building shall be fifty feet; except that property that cannot be subdivided as outlined in the subdivision ordinance may be developed on a private street or right-of-way in any R zone upon approval of the development services division director. Such approval shall be governed by the official policies regulating such development, as adopted by the planning commission and on file at the planning commission office.

(Ord. No. 1758, § XIII, 9-24-2013; Ord. 1011 § 3, 1987: Ord. 982 § 3, 1986: prior code § 22-2-19)

No parcel of land which has less than the minimum width and area requirements for the zone in which it is located may be cut off from a large parcel of land for the purpose, whether immediate or future, of building or development as a lot, except by permit of the land use hearing officer.

(Ord. No. 1758, § XIII, 9-24-2013; prior code § 22-2-8)

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

(Prior code § 22-2-7)

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 title 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. This section shall be so construed to mean only one main building may be permitted on one lot, unless otherwise provided in this title.

(Prior code § 22-2-3)

No accessory building or group of accessory buildings in any residential zone shall cover more than twenty-five percent of the rear yard.

(Prior code § 22-2-10)

On a lot where a private garage or carport, containing at least one parking space of the two required parking spaces per dwelling unit for a single-family dwelling or duplex, has the minimum side yard required for such dwelling, the width of the other side yard may be reduced to the minimum required side yard. Side yards adjacent to a street on a corner lot may not be reduced. On any lot where such garage or carport has such side yard, the rear yard of the single-family dwelling or duplex may be reduced to fifteen feet, provided the garage or carport also has a rear yard of at least fifteen feet.

(Prior code § 22-2-6)

In all zones which require a front yard, no obstruction to view in excess of two feet in height shall be placed on any corner lot within a triangular area formed by the street property lines and a line connecting them at points forty feet from the intersection of the street lines, except a reasonable number of trees pruned high enough to permit unobstructed vision to automobile drivers, and pumps at gasoline service stations.

(Prior code § 22-2-15)

No building shall be erected to a height less than one story above grade.

(Prior code § 22-2-13)

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 prescribed in this title, but no space above the height limit shall be allowed for the purpose of providing additional floor space, and no heights are permitted above the maximum allowed under airport height provisions.

(Prior code § 22-1-12)

Public or semipublic utility buildings, when authorized in a zone, may be erected to a height not exceeding seventy-five feet if the building is set back from each otherwise established building line at least one foot for each additional foot of building height above the normal height limit required for the zone in which the building is erected.

(Prior code § 22-1-11)

A.

Off-Site Improvements Required. The applicant for a building or conditional use permit for all dwellings, commercial or industrial uses, and all other business and public and quasi-public uses shall provide curb, gutter and sidewalk along the entire property line which abuts any public road or street in cases where it does not exist at county standards. Vehicular entrances to the property shall be provided as required in Section 14.12.110. Height, location, structural specifications, maximum and minimum cut radii and minimum roadway approach angles to the centerline of the street are subject to the approval of the agency concerned.

B.

Fee in Lieu of Improvements.

1.

Where conditions exist which make it unfeasible or impractical to install such curb, gutter and sidewalk, the planning commission may require the applicant to pay to the county a fee equal to the estimated cost of such improvements, as determined by the director of development services. Upon payment of such fee by the developer, the county shall assume the responsibility for future installation of such improvements.

2.

The auditor shall place such fees in the special account established in Section 18.24.190 of this code, and shall credit to such account a proportioned share of interest earned from investment of county moneys. Records relating to identification of properties for which fees have been collected, fee amounts collected for such properties, and money transfer requests shall be the responsibility of the development services division.

C.

Exceptions.

1.

The planning commission may grant exception to installation of the sidewalk in industrial areas where the planning commission determines that the sidewalk is not necessary to serve the public need, and the elimination of the sidewalk does not jeopardize the public health, safety or welfare.

2.

The planning commission may grant exception to installation of curb, gutter and sidewalk in rural or estate areas where topographic or other exceptional conditions exist, provided that the public health, safety and welfare is preserved.

(Ord. 1266 § 2, 1994; § 2 of Ord. dated 10/2/85: prior code § 22-2-27)

In all cases where a proposed building or proposed use will involve the use of sewage facilities, and a sewer, as defined in the county sewer ordinance, is not available, and all cases where a proposed supply of piped water under pressure is not available, the sewage disposal and the domestic water supply shall comply with requirements of the county board of health, and the application for a building permit shall be accompanied by a certificate of approval from the board of health.

(Prior code § 22-2-17)

Any parcel of property which becomes part of the unincorporated area of the county, because of disconnection from a municipality or disincorporation of a municipality, shall be designated the zoning classification such parcel had prior to the date it became part of the municipality. In the event such parcel was unzoned by the county on the date it became part of the municipality, it shall be designated the zoning classification of A-5 at the time it becomes unincorporated.

(Prior code § 22-2-24)

No animals or fowl shall be kept or maintained closer than forty feet from any dwelling on an adjacent parcel of land, and no barn, stable, coop, pen or corral shall be kept closer than forty feet from any street, except that in the R-2-10C residential zone, no corral or stable for the keeping of horses may be located closer to a public street or to any dwelling on an adjacent parcel of land than one hundred feet.

((Part) of Ord. passed 12/15/82: prior code § 22-2-16)

A.

The development services division director may issue a temporary use permit for a circus and/or carnival or other amusement enterprise of a similar nature, transient in nature, or Christmas tree sales, providing he shall find that the use will not conflict with the uses in the neighborhood of the subject property. To determine the compatibility of uses, the development services division director may call a public hearing. Request for such permit shall be submitted in writing.

B.

In issuing a permit, the development services division director may:

1.

Stipulate the length of time the permit may remain valid;

2.

Stipulate the hours of operation of the use;

3.

Stipulate other regulations which are necessary for the public welfare.

(Ord. 982 § 5, 1986: prior code § 22-2-21)

A day care/preschool center, as defined in Section 19.04.160 of this title, shall be subject to the following conditions:

A.

Must be compatible with existing and proposed land uses in the vicinity;

B.

Receive recommendation of the Utah State Department of Social Services;

C.

Provide required parking spaces on the site and an adequate pickup and delivery area;

D.

New construction must be compatible in design and scale of building with existing development in the area;

E.

Site must have frontage on a street with an existing or proposed right-of-way of eighty feet or greater, as identified on the road widening and improvement map attached to the ordinance codified herein and available in the planning commission office (except where the site is located in the R-M, MD-1, MD-3, C-1, C-2, C-3, O-R-D, M-1 or M-2 zones).

(Ord. 1307 § 2, 1995; prior code § 22-2-23)

Development in the overpressure area as defined in Section 15.14.010 and shown on the special development standards areas map shall comply with Sections 15.14.030, 15.14.040, 15.14.050 and this section. The special development standards areas map is available in the development services division office during regular office hours.

(Ord. 1025 § 3, 1988)

It shall be deemed a commercial use and unlawful to rent or lease any dwelling or portion thereof located within any forestry, residential, agricultural or foothill agricultural zones listed in Section 19.06.010 for lodging or accommodation purposes for a period less than thirty consecutive days except as specifically allowed in the FM-10, FM-20, FR-0.5, FR-1, FR-2.5, FR-5, FR-10, FR-20, FR-50, FR-100, R-2-6.5, R-2-8, R-2-10, R-2-10C, R-4-8.5, MD-1, MD-3, and R-M zones.

(Ord. 1361 § 2, 1996: Ord. 1115 § 7, 1990)

Any detached single-family or two-family dwelling located on an individual lot outside of a mobile home park or mobile home subdivision must meet the off-street parking requirements in Chapter 19.80 and the following standards in addition to any others required by law except as provided in subsection I of this section:

A.

The dwelling unit must meet the Salt Lake County Building Code or, if it is a manufactured home, it must be certified under the National Manufactured Housing Construction and Safety Standards Act of 1974, and must have been issued an insignia and approved by the U.S. Department of Housing and Urban Development, and must not have been altered in violation of such codes. A used manufactured home must be inspected by the county building official or his designated representative prior to placement on a lot to insure it has not been altered in violation of such codes.

B.

The dwelling must be taxed as real property. If the dwelling is a manufactured home, an affidavit must be filed with the State Tax Commission pursuant to Utah Code Annotated 59-2-602.

C.

The dwelling must be permanently connected to and approved for all required utilities.

D.

The dwelling must provide a minimum of seventy-two square feet (per dwelling unit) of enclosed storage, with a minimum height of six feet, located in the basement or garage area or in an accessory storage structure. Such structure shall conform to all applicable building codes.

E.

The dwelling must be attached to a site-built permanent foundation which meets the Uniform Building Code or, if the dwelling is a manufactured home, the installation must meet the ICBO Guidelines for Manufactured Housing Installations, including any successors to these standards, and the space beneath the structure must be enclosed at the perimeter of the dwelling in accordance with such ICBO Guidelines, and constructed of materials that are weather-resistant and aesthetically consistent with concrete or masonry type foundation materials. At each exit door there must be a landing that is a minimum of thirty-six inches by thirty-six inches and that is constructed to meet the requirements of the Uniform Building Code. All manufactured home running gear, tongues, axles and wheels must be removed at the time of installation.

F.

At least sixty percent of the roof of the dwelling must be pitched at a minimum of two and one-half to twelve (2.5:12) and shall have a roof surface of wood shakes, asphalt, composition, wood shingles, concrete, fiberglass or metal tiles or slate or built-up gravel materials.

G.

The dwelling shall have exterior siding material consisting of wood, masonry, concrete, stucco, masonite, or metal or vinyl lap, or any material meeting the Uniform Building Code or materials of like appearance approved by the development services director. The roof overhang must not be less than six inches, including rain gutters which may account for up to four inches of overhang, measured from the vertical side of the dwelling. The roof overhang requirement shall not apply to areas above porches, alcoves and other appendages which together do not exceed twenty-five percent of the length of the dwelling. The roof overhang may be reduced to two inches on the side of the dwelling facing the rear yard except on corner lots.

H.

The width of the dwelling shall be at least twenty feet at the narrowest part of its first story for a length of at least twenty feet exclusive of any garage area. The width shall be considered the lesser of the two primary dimensions. Factory-built or manufactured homes shall be multiple transportable sections at least ten feet wide unless transportable in three or more sections, in which case only one section need be ten feet wide.

I.

The development services director may approve deviations from one or more of the developmental or architectural standards provided in subsections E through H of this section on the basis of a finding that the architectural style proposed provides compensating design features and that the proposed dwelling will be compatible and harmonious with existing structures in the vicinity. The determination of the development services director may be appealed to the land use hearing officer pursuant to the provisions of subsection C of Section 19.92.070.

J.

Except as limited by subsection K of this section, use of one manufactured home as a dwelling on a parcel of land located outside of a mobile home park or mobile home subdivision prior to the initiation by the county of the enactment of the ordinance codified in this section, which use does not meet the requirements set forth in subsections A through H of this section shall be considered as a nonconforming dwelling though not previously approved by the county if such manufactured home and the parcel on which it is located comes into compliance by December 31, 1990, with all development standards which would have been applicable to a single-family dwelling located on such parcel at the time the manufactured home was first used on the parcel as a dwelling. Development standards shall include subdivision, zoning, flood control, outside electrical hookup, applicable fees, health, and fire department requirements for single-family dwellings on such parcel.

K.

The use of a manufactured home as a dwelling located on an individual parcel or lot outside of a mobile home park or mobile home subdivision shall terminate on December 31, 1990, unless the owner opts to have the manufactured home taxed as real property on or before such date by filing an affidavit with the State Tax Commission pursuant to Utah Code Annotated 59-2-602 and meeting the requirements of that statute for having the manufactured home taxed as real property.

L.

Replacement of an existing nonconforming manufactured home on a lot outside a mobile home park or mobile home subdivision shall comply with all requirements herein.

(Ord. No. 1758, § XIII, 9-24-2013; Ord. 1068, § 4, 1989)

A.

A notification area is hereby established for any parcels within six hundred sixty feet from the mapped centerline of an oil or gas transmission pipeline, as indicated by the county's pipeline protection map, a geographic information system (GIS) based map. The county makes no warranty as to the accuracy of this map, which reflects information provided by pipeline operators.

B.

At the time of application for a development permit the county shall notify the applicant if the proposed development is within the notification area and provide contact information for the pipeline operator(s) in the area and for Utah's one-call program. It is the obligation of pipeline operators to correct or update their information with the county.

C.

If any proposed development is within the notification area, the applicant for a development permit shall contact the pipeline operators) and provide them with a copy of the application and timely notice of the first scheduled public hearing on the application, if there is one. The applicant shall file proof of this notification with the county planning and development division before any development permit may be issued. Proof of notification shall be kept on file with the application. Once the development permit is issued, it is the responsibility of the applicant to consider any comments and recommendations posed by the pipeline operator(s) to ensure no pipelines are damaged during construction of the approved project.

D.

Subdivision plats within two hundred feet from the centerline of a pipeline as shown on the county's pipeline protection map shall show the pipeline location on the plat. The location of all known oil or gas transmission lines and related easements shall also be shown on all zoning, building and record plat maps.

(Ord. No. 1740, § II, 12-4-2012)

A.

It is the obligation of pipeline operators to correct or update the county's pipeline protection map, and they shall do this by filing an application to modify the map. The application shall be presented to the development services director or designee for review and approval. Complete application must include:

1.

An explanation from the pipeline operator(s) of how the corrected or proposed location was determined for each transmission pipeline; and

2.

Electronic GIS data or detailed drawings delineating the correct or proposed location.

(Ord. No. 1740, § III, 12-4-2012)