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

Except as provided otherwise in this title, each lot, existing or intended to be created, must have at least the area and width required by this title for the zone in which the lot is located and shall have frontage on at least one of the following, as specified by zone, before a building permit may be issued:

A.

A dedicated street;

B.

A publicly approved street;

C.

A private street approved by the Planning Commission consistent with the provisions of chapter 25 of this title; or

D.

A private lane approved by the Planning Commission consistent with the provisions of section 10-25-10 of this title.

Except as otherwise provided by this title, every dwelling, structure or main building must be located and maintained on a separate lot having no less than the minimum area, width, depth and frontage required by this title for the district in which the dwelling, structure or main building is located, except that group dwellings, cluster dwellings, condominiums and other multistructure dwellings or commercial complexes under single ownership and management, which are permitted by this title and have approval from the Planning Commission, may occupy one lot for each such multistructure complex.

Except as otherwise provided by this title, 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, regardless of ownership, whereon a building is to be erected or established.

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

No parcel of land that has less than the minimum width and area requirements for the district in which it is located may be cut off from a larger parcel of land for the purpose, whether immediate or future, of building or development as a lot.

Except as otherwise provided by this title, every part of a required yard shall be unobstructed by buildings, structures, signs, parking areas or mechanical equipment.

Accessory structures are structures erected in the vicinity of a principal structure. Accessory structures on residentially zoned properties are defined and limited by the following regulations:

A.

Accessory structure setback and location on the property;

1.

The minimum setback from property lines for accessory structures is based on the height of the accessory structure, as detailed below:

a.

The minimum setback for accessory structures 12 feet or less in height is the same as the required minimum setback for the primary structure on the property.

b.

The minimum setback for accessory structures greater than 12 feet in height is:

(i)

1.5 times the required minimum setback for the primary structure on the property if the accessory structure is located in any of the FR zones.

(ii)

1.5 times the required minimum side and rear setback and the same front setback for the primary structure if the accessory structure is located in any of the VR zones.

2.

Except as allowed by section 10-20-8(E), accessory structures may not be located closer to the front property line than the primary structure on the property.

3.

Accessory structures must be situated on a property in such a way as to minimize the visual impact the structure will have as seen from adjacent properties and rights-of-way. Specifically, except as allowed by section 10-20-8(E), accessory structures must be set back a distance equal to the height of the accessory structure from the following natural features:

a.

Ridgeline (as defined in section 10-15A-3),

b.

The edges of mesas (as defined in section 10-15A-3),

c.

Hilltops (as defined in section 10-15A-3), and

d.

Slopes 30 percent or greater in grade that are protected by section 10-15B-9(A) and that slope downward away from the structure.

B.

An accessory building or accessory structure may be occupied as a dwelling unit: 1) as a guest house, 2) as an external accessory dwelling unit regulated by section 10-22-9, or 3) by non-paying family members (related by blood, marriage, or adoption) of the occupants of the primary dwelling on the property. No other use of an accessory building or accessory structure as a dwelling unit is allowed. Only one accessory building or accessory structure on a property may be designed or used for dwelling purposes.

C.

Accessory structures shall comply with all the applicable ordinances, codes and laws of the Town and the state, and shall be governed by the requirements of the Town's adopted building code. The construction or installation of an accessory structure may require a building permit and any other permit required by this title.

D.

The height of all accessory structures on a property is regulated by the building height limit for the zone in which the accessory structure is located, as well as the additional standards below:

1.

The residential building height bonus allowed by section 10-15H does not apply to accessory structures.

2.

Except as allowed by section 10-20-8(E), the height of any accessory structure on a high visual impact lot or view obstructing lot may not exceed the height of the primary structure on the same property.

E.

Exceptions to accessory structure location and height standards: A property owner may request an exception to the standards in this title regulating accessory structure height, setback, distance between the primary building and the accessory structure, or location on a property in order to better preserve viewsheds from adjacent properties and rights-of-way. Such a request must be made according to the process established in section 10-20-8(F). The Planning Commission shall review such requests and shall grant the request if:

1.

The proposed placement or height of the accessory structure will noticeably reduce the visual impact the structure will have when viewed from both surrounding properties and rights-of-way, as compared with an accessory structure that could otherwise be built on the same property in compliance with the standard the applicant is seeking an exception from.

2.

The accessory structure could legally and feasible be constructed on the property without the requested exception.

3.

The accessory structure complies with all other standards in the land use ordinance.

F.

Process for making a request for an exception to accessory structure standards: A person making a request for an exception to accessory structure standards pursuant to section 10-20-8(E) shall submit the following information to the Planning Commission as part of the DDR application for the accessory structure:

1.

One complete DDR submission showing the proposed accessory structure on the property in a manner that complies with all applicable land use standards without the requested exception(s).

2.

Additional site plan, grading plan, floor plans, building elevations, and cross-sections showing the proposed accessory structure in the manner allowed by the requested exception(s).

3.

If the proposed accessory structure exceeds 150 square feet in area, two sets of photo simulations of the proposed accessory structure, one set showing the accessory structure developed in compliance with all applicable land use standards without the requested exception and the second set showing the proposed accessory structure developed as allowed if the requested exceptions were granted. Both sets shall include photo simulations showing the proposed structure from all four cardinal directions.

(Ord. No. 2025-08, § 1, 6-11-2025; Ord. No. 2025-09, § 2, 8-13-2025)

A building permit is required for the construction of any fence or wall of a height equal to or greater than six feet. A building permit will be issued only if the proposed fence or wall is consistent with the current building codes and this title. In addition to specific regulations within zones, the following general restrictions apply:

A.

Front or side setbacks: Fences and walls constructed within any required front setback or side street side setback may not exceed four feet in height, except in either of the two circumstances detailed below:

1.

Fences and walls up to six feet in height are allowed in the front setback if set back at least five feet from the front property line and the area between the fence and the front property line is planted with vegetation at least three feet in height and spaced sufficiently to provide a continuous vegetative screen along the entire length of the fence.

2.

Fences up to six feet in height are allowed in the front setback if the fence is at least 50 percent visually open, meaning a person can freely see through openings in the fence that collectively make up at least 50 percent of the vertical area of the fence.

B.

View obstruction: Notwithstanding any other provisions herein, no fence or wall may obstruct the view of traffic in a manner that jeopardizes vehicular and pedestrian safety.

C.

Rear or interior side setbacks: Fences and walls within any required rear setback or interior side yard may not exceed six feet in height, except as provided below:

1.

Fences and walls up to eight feet in height are allowed in rear and interior side setbacks if:

a.

The fence or wall is situated between a commercial use and a residential use, and is intended to screen the impacts of the commercial use from the residential use; and

b.

No portion of the fence or wall extends into a required front setback, or borders a required front setback on an adjacent property.

D.

Utility access: Any fencing must allow free and easy access to all utility meters located within the fenced area.

E.

Visibility triangle: To ensure that fencing does not constitute a driving hazard, no fencing higher than three feet may be constructed within the visibility triangles necessary for a corner lot, measured 30 feet back along edge of street or highway, from the point of intersection of the two roadways. At drive entrances, measure ten feet back along drive or street from the point of intersection of drive or street with the roadway.

All concrete work must conform to all applicable Town ordinances, state law, and the state construction code. A building permit is required for the installation of any concrete, including wall or fencing construction (with the exception of concrete used to anchor posts), building pad, parking or driveway, patios or any other type of concrete work. Notwithstanding, a building permit is not required for any concrete work that is under 1,000 square feet.

All proposed buildings or proposed uses, which either require or desire water, shall be connected to a public water system within the Town limits.

Wherever a front setback is required for a lot facing on a street which has been officially recorded and mapped, the depth of such front setback shall be measured from the mapped street line provided by the comprehensive street plan.

All properties in the Town must be maintained in a clean, safe, and sanitary condition as detailed in this section so as not to cause a blighting problem or adversely affect the public health or safety. Any property not so maintained is declared a public nuisance.

A.

The 2006 or successor version of the international property maintenance code, as promulgated by the International Code Council, is hereby adopted by reference. All properties in the Town must be maintained to the minimum standards established in that code, in addition to the supplementary provisions listed in subsection B. of this section.

B.

Properties and structures may not be kept in a defective, unsightly, deteriorated or unrepaired condition. The following conditions are specifically prohibited:

1.

Exterior building surfaces (including roofing material) in an obvious state of disrepair (e.g., peeling paint, rotten wood siding, cracked and peeling stucco, etc.).

2.

Exterior building surfaces that are not in a finished or complete state as shown on approved design/development review or building permit plans for the building.

3.

Roof patches and repairs inconsistent with the design and appearance of the rest of the roof (with the exception of emergency repairs for a period of 60 days or less).

4.

Broken or crumbling concrete or asphalt in driveways, walkways, and parking areas.

5.

Weeds in parking areas and walkways.

6.

Landscape vegetation required by the landscape ordinance that is dead or nonmaintained. This does not apply to native vegetation, unless the dead native vegetation constitutes a nuisance under the nuisance ordinance or a fire hazard.

C.

In the event of a property owner's inability to comply with the standards in this section due to a financial hardship, the Town Council may suspend enforcement of the standards. In such a case, the property owner must demonstrate a good faith effort, satisfactory to the Town Council, to work toward compliance with these standards. If no such good faith effort is made, these standards will be enforced immediately.

No establishment or business may provide products, goods or services to customers or patrons through the means of drive-through, drive-up, or drive-in facilities. Buildings or structures in all zones may not contain facilities for drive-through, drive-up, or drive-in service.

Each lot or parcel of land shall contain a maximum of one zone. Lots and parcels containing multiple zoning designations are prohibited.

A.

The town shall not approve any application for subdivision or lot line adjustment which would create a lot or parcel which contains more than one zoning designation.

B.

Lots and parcels created prior to April 12, 2023 and which contain more than one zoning designation are subject to the following requirements:

1.

Development on the lot or parcel must meet all the standards for the zone where the development is located, independent of the area of the lot or parcel in other zones. No portion of the property in a zone other than the zone where the development is located may be used to meet landscape, setback, parking, or any other requirement of the zone where the development is located.

2.

Setback requirements for development on the property will be applied to zone boundaries within the lot or parcel as well as property boundaries.

3.

A property owner may voluntarily choose to develop a property with more than one zoning designation pursuant to the standards of the most restrictive zone on the property. In such a case the entire property area is subject to the zoning standards of the most restrictive zone and sub-paragraphs 1. and 2. above are not applicable.

(Ord. No. 2023-04, 4-12-2023)

The following standards apply to swimming pools and hot tubs:

A.

No swimming pool, hot tub or spa may be located closer than five feet to any property line. This distance is measured from the water's edge and does not include pool coping or pool decks.

B.

The five-foot setback referred to in 10-20-16(A) does not apply to lots which are part of a planned development subdivision that are surrounded on all sides by a conservation easement or common area, provided that there is at least five feet horizontal distance between a pool and the neighboring property line.

C.

A swimming pool, hot tub or spa may be constructed no closer than fifteen feet from a residential dwelling on an adjacent property.

D.

If a swimming pool, hot tub or spa is located closer than ten feet from a public street, private street, or private lane easement, it must be enclosed by a fence at least four feet in height. In the case of historic accesses, a fence is required if the pool is located less than ten feet from the nearest edge of the historic access.

E.

Swimming pool, hot tub and spa lighting must comply with Chapter 15-C of this Title.

F.

Pools and pool decks must be designed, operated, and maintained such that no swimming pool water drains or empties onto neighboring property.

G.

Swimming pools, hot tubs and spas on commercial properties must comply with the requirements of Chapter 10-7A-4(F) of this Title.

(Ord. No. 2025-05, 5-14-2025)

The total square footage of structures allowed on a property in a residential zone may not exceed the limits established in this section:

A.

Applicability: This section applies to properties in all of the following zones:

1.

Foothill Residential, including all subzones.

2.

Valley Residential, including all subzones.

3.

Planned Development Overlay zone, when applied to the FR or VR zones.

B.

The total square footage of all structures on a property (main building plus all accessory structures) is limited based on property area as shown in the table below. The sum total of the square footage of the main building (as measured by the building size measurement method established in section 10-9A-10(C) or 10-9B-9(A), as applicable) plus all accessory structures on a property may not exceed the limits shown in the table below. The method of determining the square footage of accessory structures is the same method used to determine the square footage of the main building.

C.

Each residential property is allowed to contain a maximum of five total structures, inclusive of the primary structure and all accessory structures. However, if there are five total structures on the property one of the five structures is limited to a maximum of 200 square feet in area.

(Ord. No. 2025-08, § 2, 6-11-2025)