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Uintah City Zoning Code

CHAPTER 14

SUPPLEMENTARY AND QUALIFYING REGULATIONS

9-14-1: EFFECT OF CHAPTER:

The regulations hereinafter set forth in this chapter qualify or supplement, as the case may be, the zone regulations appearing elsewhere in this title. (Ord. 172-04, 3-2-2004)

9-14-2: BUILDING PERMITS:

No building permit for any main building may be issued or such building erected on any lot having frontage on a dedicated but unopened or undeveloped street, until and unless such street is rough graded to a grade approved by the city. (Ord. 172-04, 3-2-2004)

9-14-3: EFFECT OF OFFICIAL MAP:

Whenever an official map has been recorded in the office of the city recorder proposing to widen an existing street, the map street line provided by the official map shall be considered as the front line of a building lot and the setback from the line shall be the same as required for any front setback. No building or structure shall be erected within a proposed street shown on the official map. (Ord. 172-04, 3-2-2004)

9-14-4: PREMISES IDENTIFICATION:

All premises shall have permanently attached address numbers that are plainly visible and legible from any public access. The numbers shall contrast with their background and must be a minimum size of three inches (3"). Any premises that is concealed from public access must post address identification visible from public access. (Ord. 172-04, 3-2-2004)

9-14-5: LOTS IN SEPARATE OWNERSHIP:

The requirements of this title as to minimum lot area, lot width or yard space shall not be construed to prevent the use for a single-family dwelling of any lot or parcel of land on which a single-family dwelling exists at the time this title is adopted in the event that such lot or parcel of land is held in separate ownership at the time this title becomes effective. (Ord. 172-04, 3-2-2004)

9-14-6: YARD SPACE FOR ONE BUILDING ONLY:

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. (Ord. 172-04, 3-2-2004)

9-14-7: EVERY DWELLING TO BE ON A LOT:

Every dwelling shall be located and maintained on a "lot", as defined in section 9-2-1 of this title. Such lot shall have the required frontage on a public or approved private street or on a right of way which has been approved. (Ord. 172-04, 3-2-2004)

9-14-8: BUILDING LOT FOR BUILDINGS REQUIRED:

Every building, excepting those housing public uses, public utilities, commercial or industrial uses in single ownership and accessory and temporary uses and those used in conjunction with agriculture, parks and playgrounds, or other uses expressly exempted, shall be erected on separate ground area herein called the "building lot", which shall be designated, provided and continuously maintained for main buildings and their accessory buildings, and no accessory building shall be erected on any such building lot until the main building has been erected thereon, unless both main and accessory buildings are being erected simultaneously. (Ord. 172-04, 3-2-2004)

9-14-9: MAXIMUM COVERAGE:

No accessory building or structure, or group of such buildings or structures, including swimming pools, and no parking space in any residential zone, shall cover more than twenty five percent (25%) of the required minimum rear yard space. (Ord. 172-04, 3-2-2004)

9-14-10: MINIMUM SIZE OF DWELLINGS:

No detached dwelling (except a mobile or manufactured home) shall be erected within the city which contains less than six hundred (600) square feet of gross floor area. (Ord. 172-04, 3-2-2004)

9-14-11: SALE OR LEASE OF REQUIRED SPACE:

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. (Ord. 172-04, 3-2-2004)

9-14-12: CREATION OF LOTS BELOW MINIMUM SPACE REQUIREMENTS:

No parcel of land which has less than the minimum width and area requirements for the zone in which it is located may be created by dividing a larger parcel of land for the purpose, whether immediate or future, of building or development as a lot, except by variance of the appeal authority. (Ord. 172-04, 3-2-2004; amd. 2013 Code)

9-14-13: AREA OF ACCESSORY BUILDING:

Neither accessory buildings nor groups of accessory buildings in any residential zone shall cover more than twenty five percent (25%) of the rear yard. (Ord. 172-04, 3-2-2004)

9-14-14: MINIMUM HEIGHT OF DWELLINGS:

No dwelling shall be erected where more than twenty five percent (25%) of its main floor area is or will be below the finished surface grade at the front yard level. No basement houses shall be permitted. (Ord. 172-04, 3-2-2004)

9-14-15: EXCEPTIONS TO HEIGHT LIMITATIONS:

   A.   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, skylight towers, steeples, flagpoles, chimneys, smokestacks, water tanks, wireless or television masts, silos, or similar structures may be erected above the height limits herein prescribed, but no space above the height limit shall be allowed for the purpose of providing additional floor space.
   B.   Public buildings and churches authorized in a zone may be erected to any height, provided the building is set back from each otherwise established setback line at least one foot (1') for each additional foot of building height above the normal height limit required for the zone in which the building is erected. (Ord. 172-04, 3-2-2004)

9-14-16: WATER AND SEWAGE REQUIREMENTS:

   A.   All properties requiring culinary water and sanitary sewer services shall be connected to the public culinary water and sanitary water systems of the City and shall comply with all the requirements of the Culinary Water Authority and if public sewer is not available, the sewage disposal shall comply with requirements of the health department and/or state board of health, and the application for a building and land use permit shall be accompanied by a certificate of approval from the board of health.
   B.   Building permits shall not be issued by the building official unless private water supply and private sewage disposal is approved in accordance with the above requirements.
   C.   Where a public sewer is not available, no building permit shall be issued for any lot less than twenty thousand (20,000) square feet in area, except by approval of the building official and county board of health. (Ord. 172-04, 3-2-2004; amd. Ord. 286-24, 7-7-2024)

9-14-17: LIMITATIONS ON EXTERNAL EFFECTS OF USES:

Every use shall be subject to all the requirements stated in this section:
   A.   Emission Or Generation Of Undesirable Effects: Every use shall be so operated that it does not emit an obnoxious or dangerous degree of fumes, dust, smoke or other form of air pollution, heat, glare, radiation or noise.
   B.   Outdoor Storage And Waste Disposal:
      1.   Unless otherwise specifically permitted, no highly flammable or explosive liquids, solids or gases shall be stored in bulk aboveground. Other outdoor storage facilities for junkyards, fuel, raw materials and products, except for agricultural products and permitted above grade waste disposal areas shall be enclosed by a fence or wall at least six feet (6') in height and impervious to sight, adequate to seal such facilities from adjacent property and the street unless expressly exempted by this title. Such wall or fence shall be constructed or maintained in such a way and of such materials as to be pleasing to the sight from the street.
      2.   No materials or waste shall be deposited upon any property in such form or manner that they may be transferred off such property by natural causes or forces. All materials or waste which might cause fumes or dust, or which constitute a fire hazard, or which may be edible by or otherwise be attractive to rodents or insects, may not be stored outdoors unless put in closed containers.
      3.   No yard or other open space around an existing building or which is hereinafter provided around any building for the purpose of complying with the provisions of this title shall be used for the storage of junk, building materials, debris, obsolete vehicles or commercial equipment, and no other land shall be used for such purposes except as specifically permitted herein.
      4.   Open storage of hay or other agricultural products shall be located not less than forty feet (40') from a public street, and fifty feet (50') from any dwelling on adjoining property.
   C.   Enclosure Of Uses: Every use, except for agriculture, parks and playgrounds, unless expressly exempted in the regulations for the zone in which it is located or which is clearly understood in the context as a use which cannot be enclosed, shall be operated in its entirety within a completely enclosed structure. Any use described in subsection B of this section, exempted from being enclosed as provided herein, shall be fenced as provided therein unless similarly exempted. (Ord. 172-04, 3-2-2004)

9-14-18: STORAGE OF COMBUSTIBLE OR FLAMMABLE LIQUID:

The storage of more than one hundred ten (110) gallons of combustible liquid or more than thirty (30) gallons of a flammable liquid, as they are defined in the international fire code, whether in aboveground or belowground storage tanks, is permitted only in the C1 zone. Where permitted, the storage of combustible or flammable liquid shall be done in accordance with the applicable provisions of the international building code and the international fire code. (Ord. 172-04, 3-2-2004; amd. 2013 Code)

9-14-19: ACCESS ROADS:

Access to all commercial properties shall be by public road. Access by private road will not be permitted. (Ord. 172-04, 3-2-2004)

9-14-20: REQUIRED BUILDING SETBACK FROM DESIGNATED COLLECTOR OR ARTERIAL STREET:

Where a street is designated on the master street plan of the city as a collector or arterial (major) street and where the existing street right of way requires widening to meet the right of way standards of such collector or arterial (major) street, the minimum front and side yard setback for all buildings shall be based upon the future designated right of way width as shown on the city general plan and shall be measured from the future lot line of the collector or arterial (major) street designated right of way instead of the existing lot line of the present street right of way. (Ord. 172-04, 3-2-2004)

9-14-21: LOTS AND DWELLINGS ON PRIVATE RIGHTS OF WAY; SPECIAL PROVISIONS:

Except where the requirements of this section are reduced by variance of the appeal authority, the minimum area for any lot fronting on a private right of way shall be one-half (1/2) acre, and the minimum setback of the dwelling from the center of the right of way shall be fifty feet (50'). (Ord. 172-04, 3-2-2004; amd. 2013 Code)

9-14-22: ZERO SIDE YARDS:

One zero side yard may be permitted when approved by the planning commission and only if the following requirements are met:
   A.   The remaining side yard is equal to the combined total of the required two (2) side yards of the zone in which it is located.
   B.   No window or other similar opening shall be installed in the building or any accessory building along the side having a zero side yard.
   C.   No zero side yard will be permitted on the lot side bordering on a nonresidential zone, or on a residential lot not utilizing zero side yard provisions.
   D.   Use of the zero side yard is contingent upon development of or commitment to development of a zero side yard on adjacent lot. (Ord. 172-04, 3-2-2004)

9-14-23: TOWERS:

Building permits are required for towers, including wind energy conservation systems (WECS) towers and shall comply with the following regulations:
   A.   Setbacks: All wind energy conversion systems (WECS) towers shall have setbacks from property lines, equal to or greater than the height of the proposed structure. The height measurement shall include the vertical propeller blade.
   B.   Height: No commercial tower installation shall exceed a height equal to the distance from the base of the structure to the nearest overhead power line which serves more than one dwelling or place of business, less five feet (5').
   C.   When Considered Conditional Use: A tower, if to exceed the height limitation of the zone in which it is to be, shall be considered a conditional use.
   D.   Prohibited Locations: In all zones, except in commercial, towers shall not be located within the minimum front yard setback of any lot, nor within the minimum side yard setback facing a street on a corner lot, nor on the roof of a residential structure.
   E.   Application To Include Plans: Application for a permit shall include construction drawings showing method of installation and a site plan depicting structures on the property and on any affected adjacent property.
   F.   Excessive Height; Additional Requirements: For towers of seventy five feet (75') or greater in height, the application shall include the manufacturer's construction specifications for city approval, except that for large commercial towers of ninety feet (90') or greater in height, the application shall include a structural engineering certification by a registered state structural engineer. (Ord. 172-04, 3-2-2004)

9-14-24: FAMILY SWIMMING POOLS:

A family swimming pool shall be permitted in the side and rear yard of a dwelling as an accessory use, provided the following requirements are met:
   A.   Location: The location of such family swimming pool or accessory machinery shall not be less than ten feet (10') from any interior property line. On corner lots, the distance from said pool to the property line facing on a street shall not be less than the required side yard for an accessory building in that zone.
   B.   Fencing; Lighting: An outside family swimming pool shall be completely enclosed by a substantial fence of not less than six feet (6') in height and any lights used to illuminate said pool or its accessories shall be so arranged as to reflect the light away from adjoining premises. A "substantial fence" shall mean any fence that will not allow normal passage by any person, except through an otherwise locked gate. (Ord. 172-04, 3-2-2004)