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Uintah County Unincorporated
City Zoning Code

CHAPTER 17

16 - GENERAL DEVELOPMENT STANDARDS APPLICABLE TO ALL PROPERTY AND LAND USES

17.16.010 - Purpose.

The purpose of general development standards is to further the purposes of the Uintah County General Plan and the county's land use ordinances. Compliance with all general development standards, as well as all other requirements of this title, and all other federal, state and local requirements, as applicable, is required for the approval of all land use applications.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

17.16.020 - Consistency and conformity to the general plan required.

No land use application approval and no land use ordinance, or amendment thereto, no map, or amendment thereto, and no official map, or amendment thereto shall be approved unless such land use application approval, amendment, ordinance or map is found to be consistent and conform to the Uintah County General Plan, as adopted.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

17.16.030 - Public uses to conform to general plan.

As required by the Act, no publicly-owned road, street, way, place, space, building, structure, or facility, and no public utility line, infrastructure, or facility, whether publicly or privately owned, may be constructed unless:

A.

It conforms to the county's general plan, including consistency with the accompanying map(s); or

B.

It has been considered by the commission and, after receiving the recommendation of the commission, has been approved by the BOCC as an amendment to the county's general plan.

C.

Received necessary land use application approval by the land use authority, as applicable.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

17.16.040 - Effect of official maps.

A.

As provided by the Act, the county may adopt official maps, as defined herein.

B.

An official map does not:

1.

Require a landowner to dedicate and/or construct a road or street as a condition of development approval, except under circumstances provided by Section 17.02.090.

2.

Require the county to immediately acquire property.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

17.16.050 - Allowed minimum use of legal lots.

Nothing in this title shall be construed to prevent the establishment of one single-family dwelling on any legal lot or parcel of land, as determined by the zoning administrator, and provided that such legal lot or parcel is located in a zoning district that permits single-family dwellings, and any proposed construction can qualify for a building permit, as required by the building code, as adopted.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

17.16.060 - Illegal lots, uses, buildings and structures.

Any lot, use, building or structure which was not authorized by a prior land use ordinance, shall remain as an illegal lot, use, building, or structure, unless such lot, use, building, or structure is approved by a land use authority, as applicable, as a lot, use, building or structure allowed by this title.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

17.16.070 - Allowed uses.

All uses allowed by this title in the unincorporated area of Uintah County, either as a permitted use or conditional use, are identified in Section 17.33.010 or under certain individual zone chapters in this title.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

17.16.080 - Prohibited uses.

Any use not specifically provided for in this title is a prohibited use in the unincorporated area of Uintah County.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

17.16.090 - Use approval and building permit required prior to any construction.

No use shall be established and no construction, alteration, enlargement, repair, or removal of any building, structure, or part thereof shall be commenced until the approval of the required land use application, license, or permit.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

17.16.100 - Applications required.

All requests to establish a use, or construct, alter, enlarge, repair, or demolish any building, structure, or part thereof shall be initiated by the submission of necessary application(s), to the county, as required by the county's land use ordinances, including this title, the administrative manual, and building codes, as adopted.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

17.16.120 - Payment of taxes, fees and charges required.

A land use application approval and any other permit or license approval may provide that the land use application approval, permit, or license is not valid and no building permit shall be issued until all delinquent taxes, fees and charges for the property have been paid to the date of approval.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

17.16.130 - Lands purchased, leased or otherwise acquired from federal or state government.

Land purchased, leased, or otherwise acquired or obtained from any federal, state or local agency shall comply with all provisions and requirements of this title and the administrative manual.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

17.16.140 - Private uses on federal or state-owned land.

All private uses occurring on any federal or state owned lands shall comply with all provisions and requirements of this title and the administrative manual.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

17.16.150 - Compliance with zoning district requirements.

Every use established, and all buildings or structures erected, reconstructed, altered, enlarged or moved shall be used, established, or constructed only as allowed by the requirements of this title, and the county's other land use ordinances, and the administrative manual.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

17.16.160 - Subdivision and sale of property.

No person shall subdivide any lands, located wholly or partially within the unincorporated area of the county for any purpose, unless the required procedures for such subdivision have been followed, as required by the Act, county subdivision ordinance, and the administrative manual.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

17.16.170 - Legal access to all properties required.

To protect the property rights of all owners and to provide adequate and convenient legal access no person shall subdivide any lands, located wholly or partially within the unincorporated area of the county, without providing a legal access to all adjacent properties. No land use application approval, permit, or license shall be approved by the county that has the potential or effect of land locking any property(ies).

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

17.16.180 - Minimum lot frontage required.

Every lot or parcel created shall have frontage upon a dedicated or publicly approved road or street, or right-of-way providing direct access to a dedicated or publicly approved road or street. The required lot frontage shall be not less than the minimum lot width requirement as measured at the minimum front yard setback, as required by the zoning district in which the lot is located.

Access permits must be obtained and provided to the community development office prior to any use. Access onto a county road must be approved through the county road department. Access onto a state or federal road must be approved through Utah Department of Transportation.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

17.16.190 - Minimum buildable area.

Every lot or parcel created after the effective date hereof shall have a minimum buildable area sufficient to establish a building or structure thereon that meets the minimum standards of the zoning district in which the lot or parcel is located. Any area located within an easement may not be included within any minimum buildable area unless the easement beneficiary executes and records a release of the easement in a form acceptable to the county attorney.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

17.16.200 - Lot standards; creation of noncomplying lots prohibited.

Every lot or parcel created after the effective date hereof shall comply with the minimum lot size, frontage, width, depth, and all other requirements of this title.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

17.16.210 - All buildings or structures to be on a single lot.

All buildings or structures shall be located and maintained on a lot, as defined, such lot meeting all requirements of this title and the county's other land use ordinances.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

17.16.220 - Lots in two or more zoning districts.

Uses which are permitted on either portion of a lot where a lot is located in two or more zoning districts uses which are permitted in any portion of the lot, may be permitted to extend to the entire lot, but not more than one hundred (100) feet beyond the boundary line of such zone in which such use is permitted. Before a permit for such use may be granted, however, approval must be obtained from the zoning administrator.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

17.16.230 - Required yard areas for one building only.

A.

All required yard or setback areas shall be situated on the same lot as the primary building or structure to which it is required.

B.

No required yard or setback area for any lot or building required for the purposes of complying with the county's land use ordinances, including this title, shall be considered as providing the required yard or setback for any other lot or building.

C.

No area required to meet the lot width, area, setback, or other requirements of this title for a lot or building may be divided, sold, or leased separately from such lot or building.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

17.16.240 - Required yards to be unobstructed; exceptions.

All required yard or setback areas shall be open to the sky and unobstructed and all buildings or parts thereof shall comply with the setback requirements of the zoning district, except for permitted and approved accessory buildings, or other protrusions that are twenty-four (24) inches or less and are not closer than five feet to the closest property boundary.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

17.16.250 - Clear view area requirements.

A.

Corner Lot. In all required setback areas, no obstruction to view in excess of four feet in height shall be placed on any corner lot within the triangle formed by the road right-of-way and a line connecting them at points twenty-five (25) feet from the intersection of the right-of-way lines.

B.

Roads. The clear view area on roads shall be the triangle formed by the road right-of-way lines and a line connecting them at points twenty-five (25) feet from the intersection of the road right-of-way lines.

C.

Modification of Clear View Area. The land use authority, as applicable, may make a modification of the clear view areas. The land use authority is authorized to increase or decrease the required clear view area if it is determined that there is a valid reason to increase or decrease the required clear view area.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

17.16.260 - Maximum height of buildings.

The maximum height of all primary buildings shall be as identified in Section 17.32.010 of this title, for the zoning district in which the primary building is located.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

17.16.270 - Exceptions to maximum height limitations.

The requirement for maximum building height shall not apply to the following structures unless they are located within airport (FAA) height restricted areas:

A.

Steeples, flagpoles, chimneys, wireless or television masts that are not used for human occupancy.

B.

Agricultural buildings provided such buildings are not used for human occupancy.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

17.16.280 - Adequate public facilities required.

Land shall be developed only to the extent that adequate infrastructure and services are available, or will be available concurrent with the development activity, and at capacities sufficient to meet the needs of the proposed development. A land use authority may require an analysis to be completed and provided to determine if adequate public facilities and services are available to serve the proposed development and if such development will change the existing levels of service, or will create a demand for services that exceeds available capacities.

Public facilities that may be required by a land use authority to be included in a public facilities analysis include, but are not limited to, road and street facilities, intersection and bridge capacities, culinary water facilities, sanitary sewer facilities, storm drainage facilities, fire protection and suppression facilities, culinary water pressure, fire and emergency services response times, sheriff's services, and other required public facilities and services. A land use authority may deny or modify a proposed development activity if the demand for public facilities and services exceeds available capacities or require an applicant for a land use application approval, license, or permit to provide the required facilities and services, at the capacities required, and concurrent with the demand created by the development activity, consistent with all applicable legal authorities.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

17.16.290 - Culinary water, sanitary sewer and fire protection requirements.

A.

All uses and primary buildings requiring culinary water and sanitary sewer services shall comply with the requirements of the culinary water authority and sanitary sewer authority, as applicable.

B.

All uses and primary buildings shall comply with the requirements of the fire authority, as applicable.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

17.16.300 - Required roads, streets, fire protection and other facilities.

The installation of necessary roads and streets, road and street widening and improvement(s), fire protection facilities, and other improvements and facilities required by the county's land use ordinances shall be required as a condition of any required land use application approval, permit, or license.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

17.16.310 - Guarantee of installation of improvements.

A land use authority with responsibility to approve a required land use application, license or permit, shall guarantee the installation of any required facilities and services by one of the methods specified as follows:

A.

The applicant(s) may furnish and file with the county clerk a bond with corporate surety in an amount equal to the cost of the improvements as approved by the community development director and filed with the county clerk.

B.

The applicant(s) may deposit in escrow with the county clerk/auditor or an escrow holder approved by the community development director an amount of money equal to the cost of the improvements as approved by the community development director and filed with the county clerk/auditor.

C.

Other guarantee as approved by a land use authority with responsibility to approve a required land use application.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

17.16.320 - Certificate of occupancy required.

A.

Unless exempted by the building code(s), as adopted, no building or structure shall be occupied, or used, until the building official has issued a certificate of occupancy.

B.

It is unlawful to occupy or use a building or structure until a certificate of occupancy has been issued for such building or structure.

C.

Failure to obtain a certificate of occupancy shall be a violation of this title and the building code(s), as adopted.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

17.16.330 - Business license required; continuing obligations.

All activities requiring a business license, as required by the business license requirements of the county, including all home occupations shall be operated in compliance with all requirements of the land use application, as approved, and all business license requirements.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

17.16.340 - Off-street parking requirements.

All uses shall meet the required off-street parking requirements identified by Chapter 17.28 of this title.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

17.16.350 - Construction subject to geologic, flood or other natural hazards.

To protect the public health, welfare and safety from geologic, flood, or other natural hazards all land use applications for any approval, license, or permit shall comply with the requirements, as applicable, in Chapter 17.19 of this title.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

17.16.360 - Noxious weeds.

All property owners shall comply with the requirements of the "Utah Noxious Weeds Act", Utah Code Annotated, 1953, as amended.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)