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Wasatch County Unincorporated
City Zoning Code

CHAPTER 16

09: MOUNTAIN ZONE M

16.09.01: PURPOSE

The mountain zone (M) is established for development in mountainous areas of the county that may or may not have services readily available. Development should be in harmony with mountain settings and adverse impacts shall be mitigated. The specific intent in establishing the mountain zone is for the following purposes:

A. Provide an appropriate location within the unincorporated area for the development of mountain residential dwellings.

B. Facilitate payment for services rendered by the county for streets, fire, police, health, sanitation and other services.

C. Prevent soil erosion generated from excessive streets and soil displacement.

D. Protect the vegetation and aesthetic characteristics of the county canyons and mountains.

E. Encourage the protection of wildlife, plant life and groundwater.

F. Protect the health, safety and welfare of the residents of the county by only allowing development that will have appropriate access to and from the development and provide appropriate fire and emergency access.

G. Discourages developments in isolated areas of the county where essential services are not readily available and would be fiscally irresponsible and/or burdensome for the county to provide such services. 

HISTORY
Adopted by Ord. 2002 Code § 16.09.01 on 1/1/2002
Amended by Ord. 08-13 on 10/28/2008
Amended by Ord. 17-07 on 6/21/2017

16.09.02: PERMITTED PRINCIPAL USES

Those principal uses or categories of uses as listed herein, and no others, are allowed as a permitted use in the mountain zone (M).
  1. All uses contained herein are listed by number as designated in the Wasatch County land use classification, which is published and maintained by the planning department, and are attached, as appendix 1, chapter 16.36 of this title. Classes or groupings of uses permitted in the zone are identified by a four (4) digit number in which the last one or two (2) digits are zeros, and subuses of those categories or groupings will follow that number. (For example, a particular category may be listed as 8100, and a subcategory of 8100 would be 8110 and a subcategory of 8110 would 8111.) This document, available in the planning office, is to be used by the planning office and others to assist in determining similar uses and the intent of this chapter.
  2. All such classes listed herein and all specific uses contained within them in the Wasatch County land use classification will be permitted in the mountain zone (M), subject to the limitations set forth herein:

    PERMITTED PRINCIPAL USES IN
    THE MOUNTAIN ZONE (M)

    Use Number Use Classification
    1111 Single-family dwellings (detached)
    1908Internal Accessory Dwelling Unit (IADU)
    4500 Highway and street right of way
    4713Small Wireless Facilities
    4821 Underground gas pipeline right of way
    4831 Underground water pipeline right of way
    4835 Irrigation distribution channels
    4836 Water pressure control stations and pumping plants
    4839 Other water utilities or irrigation, NEC
    4841 Underground sewage pipeline right of way
    7411 Recreational activities golf courses (open to public)
    7412 Recreational activities golf course (private membership)
    7600 Parks
    8160 Pasture and rangeland
    8191Tree farms, crops trees only (Commercial farms that raise all types of young trees to be planted elsewhere or harvested. Includes the raising of Christmas trees.)
  3. Permitted Accessory Uses: Accessory uses and structures are permitted in the mountain zone (M), provided they are incidental to, and do not substantially alter the character of, the permitted principal use or structure.
    1. Accessory buildings such as garages, carports, greenhouses, gardening sheds, recreation rooms and similar structures, which are customarily used in conjunction with and are incidental to a principal use or structure.
    2. Swimming pools and incidental bath houses.
    3. Storage of materials used for the construction of a building, including a temporary contractor's office and/or tool shed; provided, that such uses are on the building site; and provided, further, that such use shall be for only the period of construction and thirty (30) days thereafter. Approval is subject to a bond and site plan approval from planning staff.
    4. Barns, corrals, machine sheds and arenas. 
HISTORY
Adopted by Ord. 2002 Code § 16.09.02 on 1/1/2002
Amended by Ord. 06-15 on 6/30/2008
Amended by Ord. 08-13 on 10/28/2008
Amended by Ord. 19-12 on 12/18/2019
Amended by Ord. 20-16 on 8/19/2020
Amended by Ord. 21-10 on 9/15/2021

16.09.03: CONDITIONAL USES

The following table shows the uses and structures that are permitted in the mountain zone (M) only after a conditional use permit has been approved, and subject to the terms and conditions thereof.


CONDITIONAL USES IN THE MOUNTAIN ZONE (M)

Use Number Use Classification
1519 Group transient lodging
1905Caretaker ADU
1907Guest ADU
4712 Wireless Telecommunication Facilities
4810 Electric utility (except 4813)
4824 Gas pressure control stations
4832 Water treatment plants
4833 Water storage
4834 Water storage covered
4910 Underground pipeline right of way and pressure control stations, NEC
6721 Police protection and related activities (public only)
6723 Fire protection and related activities (public only)
6911 Churches, synagogues, temples, and missions
HISTORY
Adopted by Ord. 2002 Code § 16.09.04 on 1/1/2002
Amended by Ord. 2003-22 on 11/24/2003
Amended by Ord. 06-15 on 6/30/2008
Amended by Ord. 08-13 on 10/28/2008
Amended by Ord. 11-09 on 11/30/2011
Amended by Ord. 17-07 on 6/21/2017
Amended by Ord. 19-05 on 8/7/2019
Amended by Ord. 21-10 on 9/15/2021
Amended by Ord. 23-20 on 12/20/2023
Amended by Ord. 25-14 on 10/15/2025

16.09.04: LOT AREA

The minimum lot size shall be twenty (20) acres per dwelling unit.

HISTORY
Adopted by Ord. 2002 Code § 16.09.04 on 1/1/2002
Amended by Ord. 08-13 on 10/28/2008
Amended by Ord. 17-07 on 6/21/2017

16.09.05: LOT WIDTH

Each lot or parcel of land in the mountain zone (M) shall have a lot width of at least three hundred twenty feet (320') at the required setback. 

HISTORY
Adopted by Ord. 2002 Code § 16.09.05 on 1/1/2002
Amended by Ord. 2005-23 on 3/9/2006
Amended by Ord. 08-13 on 10/28/2008
Amended by Ord. 17-07 on 6/21/2017

16.09.06: LOT FRONTAGE

Each lot or parcel of land in the mountain zone (M) shall abut a county road or road built to county standards for a minimum distance of three hundred feet (300'). Corner lots shall have a minimum frontage of three hundred feet (300') on both roads.

HISTORY
Adopted by Ord. 2002 Code § 16.09.06 on 1/1/2002
Amended by Ord. 2005-23 on 3/7/2006
Amended by Ord. 2005-18 on 3/9/2006
Amended by Ord. 2005-23 on 3/9/2006
Amended by Ord. 08-13 on 10/28/2008
Amended by Ord. 09-16 on 2/25/2010
Amended by Ord. 17-07 on 6/21/2017

16.09.07: PRIOR CREATED LOTS

Lots or parcels of land which were legally created prior to the enactment of the requirements of the mountain zone (M) shall not be denied a building permit solely for reasons of nonconformance with the parcel requirements of this chapter. 

HISTORY
Adopted by Ord. 2002 Code § 16.09.07 on 1/1/2002
Amended by Ord. 08-13 on 10/28/2008

16.09.08: LOT AREA PER DWELLING

Not more than one single-family dwelling may be placed upon a lot created under this chapter or parcel of land in the mountain zone (M). Notwithstanding, an accessory dwelling unit (ADU) may be permitted if in accordance with section 16.21.46 of this title.

HISTORY
Adopted by Ord. 2002 Code § 16.09.08 on 1/1/2002
Amended by Ord. 08-13 on 10/28/2008
Amended by Ord. 18-02 on 5/16/2018
Amended by Ord. 23-20 on 12/20/2023

16.09.09: SETBACK REQUIREMENTS

The setback requirements for this zone shall be as follows:
  1. Front Setback: The front setbacks for dwellings shall be a minimum of sixty feet (60') from the center of the road, or thirty feet (30') from the edge of the right of way, whichever is greater. If the property is located on a state or federal highway, the setbacks shall be a minimum of one hundred fifty feet (150') from the right of way. See subsection 16.21.07 B for setbacks on major collector roads.
    1. Structures Housing Animals: These structures shall be a minimum of one hundred feet (100') from the road right of way, providing however, all such structures must also be set back from any existing residential structure, on the same lot or an adjacent lot at least one hundred feet (100').
    2. Major County Collector Roads: For buildings abutting upon a county street that is designated as a major collector road in the Wasatch County master transportation plan, the setback shall be eighty five feet (85') from the centerline of any street, or fifty feet (50') from the right of way, whichever is greater.
  2. Side Setbacks: All permitted structures shall be set back from the side property line a minimum of twelve feet (12'). Side setbacks for buildings that will house animals must be a minimum of fifty feet (50') and one hundred feet (100') from any dwelling on or off site.
  3. Corner Lots: For corner lots, the side setback on the street side shall be the same setback as that required for the front.
  4. Rear Setbacks: All permitted structures shall be set back from the rear property line a minimum of thirty feet (30'). Rear setbacks for buildings that will house animals must be a minimum of fifty feet (50') and one hundred feet (100') from any dwelling on or off site.
  5. Other Setbacks: See section 16.21.07 for other setback requirements that may apply.
HISTORY
Adopted by Ord. 2002 Code § 16.09.09 on 1/1/2002
Amended by Ord. 08-13 on 10/28/2008
Amended by Ord. 09-16 on 2/25/2010
Amended by Ord. 17-07 on 6/21/2017
Amended by Ord. 20-02 on 2/19/2020

16.09.10: BUILDING HEIGHT

Height of all dwellings, accessory buildings and/or structures shall not exceed thirty five feet (35') above natural grade.

HISTORY
Adopted by Ord. 2002 Code § 16.09.10 on 1/1/2002
Amended by Ord. 08-13 on 10/28/2008
Amended by Ord. 17-07 on 6/21/2017

16.09.11: DISTANCE BETWEEN BUILDINGS

The distance between any accessory building and the main building shall be in accordance with the International building code (lBC) and international fire code (IFC).

HISTORY
Adopted by Ord. 2002 Code § 16.09.11 on 1/1/2002
Amended by Ord. 2005-23 on 3/9/2006
Amended by Ord. 08-13 on 10/28/2008
Amended by Ord. 14-05 on 11/5/2014

16.09.12: SITE PLAN PROVISIONS

To obtain a building permit for a dwelling, or any other permitted or conditional use, a site plan must be submitted to the planning department showing existing conditions, structures, topography or any sensitive lands located on the lot.

HISTORY
Adopted by Ord. 2002 Code § 16.09.12 on 1/1/2002
Amended by Ord. 08-13 on 10/28/2008

16.09.13: MAXIMUM AREA OF DISTURBANCE

  1. For lots or parcels less than on acre in size, the limits of disturbance for an individual single-family use and any accessory structure shall not exceed ten thousand (10,000) square feet, unless significant existing site vegetation is retained or remedial revegetation and land reclamation improvements which substantially advance the purpose of this chapter have been proposed and will be implemented on the site in accordance with a revegetation and land reclamation plan. In such cases, the limits of disturbance for lots or parcels less than one acre in size may be increased up to, but not exceed, fifteen thousand (15,000) square feet.
  2. For lots or parcels one acre in size or greater, the LOD for an individual single-family use and any accessory structure shall not exceed twelve thousand (12,000) square feet unless the conditions above are satisfied, in which case the LOD may be increased to eighteen thousand (18,000) square feet.
HISTORY
Adopted by Ord. 2002 Code § 16.09.13 on 1/1/2002
Amended by Ord. 08-13 on 10/28/2008
Amended by Ord. 24-13 on 9/18/2024

16.09.14: PARKING, LOADING AND ACCESS

Parking, loading and access requirements are discussed in detail in chapter 16.33 of this title. Please refer to that chapter for further details applying to this zone. 

HISTORY
Adopted by Ord. 2002 Code § 16.09.14 on 1/1/2002
Amended by Ord. 08-13 on 10/28/2008

16.09.15: OTHER REQUIREMENTS

  1. Signs: Sign regulations are discussed in detail at chapter 16.26 of this title. Please refer to that chapter for specific regulations. The following additional regulations apply to this zone:
    1. Signs or nameplates not exceeding two (2) square feet in area and displaying only the name and address of the occupant; and
    2. Home occupation signs not exceeding two (2) square feet in area.
  2. Landscaping: For any new lots or previously created lots in the mountain zone (M), noncombustible landscaping shall be required for a minimum distance of thirty five feet (35') around the structure. The thirty five foot (35') area is intended to create defensible space, which does not mean that the area is required to be clear cut, but that dead fuel shall be removed, and highly combustible landscaping shall be avoided. The use of planting materials that will conserve water is recommended and native plants are encouraged, but the entire property must be kept free of noxious weeds.
  3. Walls And Fences: Fences in the mountain zone (M) shall be minimal, and shall only fence in the area considered as the "limits of disturbance" and shall not be over one acre in size to protect the dwelling and landscaping around the dwelling, if any. Any other fencing will only be permitted if the design does not inhibit the movement of deer, elk or other wild animals on the property.
  4. Sewer and Water Requirements: See section 16.27.11 of this title.
  5. Compliance With Land Use Requirements Not Guarantee Of Building Permit: All applicable requirements for issuance of a building permit from all County departments and other Special Service Districts with authority over the property must be met before the permit may be issued. This includes, but is not limited to, appropriate road access, septic suitability, water supply and water quality, electricity, heat, transportation to and from schools, etc.
  6. Plan For Services: Property in the mountain zone (M) may be remote from services, such as emergency services, winter road maintenance, sewer, water systems and schools. Any plan submitted must show how the proposed development will address these issues without requiring the county to extend urban services to those areas. Agreed upon levels of service must be completed prior to issuing building permits for any residential, commercial, or industrial structures.
HISTORY
Adopted by Ord. 2002 Code § 16.09.15 on 1/1/2002
Amended by Ord. 2004-26 on 11/17/2004
Amended by Ord. 2005-18 on 3/9/2006
Amended by Ord. 08-13 on 10/28/2008
Amended by Ord. 08-15 on 11/12/2008
Amended by Ord. 19-05 on 8/7/2019

16.09.16: ADDITIONAL REGULATIONS

See also chapter 16.27, "Development Standards", of this title for regulations that apply to this zone. In the event of a conflict between that chapter and the regulations contained in this chapter, the regulations of this chapter would control. 

HISTORY
Adopted by Ord. 2002 Code § 16.09.16 on 1/1/2002
Amended by Ord. 08-13 on 10/28/2008

16.09.17: ACCESS REQUIREMENTS

  1. Due to the remote nature and the tendency for developments in the mountain zone (M) to potentially be more susceptible to natural disasters, developments that occur in the mountain zone (M) shall provide appropriate access.
  2. Appropriate access for a development shall include the following:
    1. Be constructed to county standards;
    2. Two (2) access points are required. Two (2) access roads which connect to a county road which has been historically maintained year round will meet the requirement for this section; or
    3. Alternative approved transportation plan. 

HISTORY
Adopted by Ord. 2002 Code § 16.09.17 on 1/1/2002
Amended by Ord. 08-13 on 10/28/2008

17-07

19-12

20-16

21-10

19-05

23-20

25-14

18-02

20-02

14-05

24-13