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. 2001-815-O, 12-17-2001, eff. 12-17-2001)

The requirements of this title as to minimum lot area or lot width shall not be construed to prevent the use of a single- family dwelling on any lot or parcel of land in the event that such lot or parcel of land was held in separate ownership as of July 1, 1992. (Ord. 2001-815-O, 12-17-2001, eff. 12-17-2001)

In any lot under a separate ownership from adjacent lots, and of record as of July 1, 1992, 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 (2) yards shall in no case be less than five feet (5') or the larger less than eight feet (8'), and for corner lots the side yard on the side street shall be in no case less than fifteen feet (15') or the other side yard be less than five feet (5'). (Ord. 2001-815-O, 12-17-2001, eff. 12-17-2001)

Every dwelling structure shall be located and maintained on a separate lot having no less than a minimum area, width, depth and frontage required by this title for the district in which the dwelling structure is located, except that group dwellings, cluster dwellings, condominiums and townhouses or other multi-structure dwelling complexes under single ownership and management, which are permitted by this title and have approval from the Planning Commission, may occupy one lot for such multi-structure complex. (Ord. 2018-1120-O, 8-21-2018)

No required 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 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. 2001-815-O, 12-17-2001, eff. 12-17-2001)

No space needed to meet the width, yard, area, coverage, parking or other requirements of this title for lot or building may be sold or leased away from such lot or building. (Ord. 2001-815-O, 12-17-2001, eff. 12-17-2001)

No parcel of land which has less than the minimum width and area requirements for the district in which it is located may be cut off from the larger parcel of land for the purpose, whether immediate or future, of building or development of a lot, unless approved as a part of a platted and recorded subdivision, and said lot meets all requirements of the subdivision ordinance. (Ord. 2001-815-O, 12-17-2001, eff. 12-17-2001)

Every part of a required yard shall be open to the sky, unobstructed except for accessory buildings in a rear yard, the ordinary projections of skylights, sills, belt courses, cornices, chimneys, flues and other ornamental features which project into a yard not more than four feet (4') and open fire escapes, fireproof outside stairways and balconies opening from fire towers projecting into a yard not more than four feet (4'). The setback shall be measured from the property line to the nearest vertical part of construction. This includes supports for carports, covered patios, etc. (Ord. 2001-815-O, 12-17-2001, eff. 12-17-2001)

No accessory building or accessory dwelling unit, nor group of accessory buildings or ADUs in any residential district shall cover more than twenty five percent (25%) of the lot area. (Ord. 2001-815-O, 12-17-2001, eff. 12-17-2001; amd. Ord. 2021-1196-O, 10-5-2021)

Public and quasi-public buildings, when authorized in a zoning district, may be erected to a height greater than the height allowed by the district subject to conditional use approval of the planning commission and county commission. (Ord. 2001-815-O, 12-17-2001, eff. 12-17-2001)

Subject to conditional use approval of the planning commission, and approval of the county commission, 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 limit herein prescribed, but no space above the height limit shall be allowed for purposes of providing additional floor space. (Ord. 2001-815-O, 12-17-2001, eff. 12-17-2001)

No dwelling shall be erected to a height of less than one story without approval of the planning commission. (Ord. 2001-815-O, 12-17-2001, eff. 12-17-2001)

No building which is accessory to a dwelling shall be erected to a height greater than twenty five feet (25') without a conditional use permit. (Ord. 2001-815-O, 12-17-2001, eff. 12-17-2001; amd. 2004 Code)

   A.   In all areas of the county where a building permit is required, connection shall be made to public sewer, water, electrical and telephone services where these services are available. Electric companies shall not provide any electrical connection of any kind until first approved by the building official. All lots shall be served by a water supply approved by the Utah state department of environmental quality, or the southwest district health department in cases of less than fourteen (14) lots, and the county public works department. A waste disposal system approved by the southwest district health department, and the county public works department shall also be approved prior to issuing any building permit. Hauling of water for residential, commercial or industrial purposes shall not be permitted except as may be approved by the planning commission and then only for use in a bona fide livestock ranching operation or a bona fide farming operation where other sources of water are not available.

   B.   For all building lots not located in platted and recorded subdivisions, all applicable provisions of title 11, chapter 5 of this Code, shall apply to those lots and shall be required as a condition of obtaining a building permit and shall include, but not be limited to, the following:

      1.   Water supply and development.

      2.   Street improvements.

      3.   Electrical and telephone connections.

      4.   Fire hydrants and fire flow.

      5.   Traffic control and directional signs.

      6.   A site drainage plan.

      7.   A "dry" sewer line may be required to be installed from the location of any septic tank proposed to be used, and shall be extended to the front property line for future connection to a sewer system.

(Ord. 2001-815-O, 12-17-2001, eff. 12-17-2001; amd. 2004 Code; 2004 Code)

Any dwelling proposed to be moved onto any parcel of land in the County shall meet the following requirements:

   A.   All dwellings moved onto sites in the County shall first be granted a conditional use permit as required by chapter 18 of this title.

   B.   A dwelling proposed to be moved onto a site in the County shall be less than fifteen (15) years of age at the time of moving unless otherwise approved by the Planning Commission.

   C.   A manufactured home shall be identifiable by the manufacturer's data plat bearing the date the unit was manufactured and a HUD label attached to the exterior of the home certifying that the home was manufactured to HUD standards.

   D.   A "stick built" home shall be inspected by the building inspector to determine that it is in compliance with the current edition of the Building Code or that it is capable of being brought into compliance with said code. Inspection of the dwelling proposed for relocation shall be made prior to Planning Commission review, and a report shall be submitted along with the application for a conditional use permit requesting the unit to be moved.

(Ord. 2001-815-O, 12-17-2001, eff. 12-17-2001; amd. 2004 Code)

Development of any kind on a public right-of-way by a utility company or a private property owner shall not be undertaken without first having received approval of construction drawings by the County Public Works Department. Following plan approval, and posting of the required bond amount, the County Surveyor/Engineer may issue a permit for construction on the public right-of-way. (Ord. 2001-815-O, 12-17-2001, eff. 12-17-2001; amd. 2004 Code)

   A.   Purpose and Intent: The purpose of this chapter is to provide regulations for accessory dwelling units that are incidental and accessory to a single family dwelling, where permitted in the zone. Accessory dwelling units are intended to assist in providing housing types that meet the needs of populations of various income levels, ages, and stages of life. In accordance with the goals of the general plan, and state law, providing tools and methods for the creation of moderate income housing is necessary in the areas of unincorporated Washington County. Accessory dwelling units created in accordance with this section will assist in providing for this need.

   B.   General Provisions:

      1.   Number of accessory dwelling units per parcel. An accessory dwelling unit shall only be permitted on a parcel with a single family dwelling. Only one accessory dwelling unit is permitted on a lot or parcel that is zoned less than five (5) acres. On a lot or parcel that is zoned five (5) acres or more, one additional accessory dwelling unit may be approved for each additional five (5) acres above the base five (5) acres, in the sole discretion of the county. No more than four (4) accessory dwellings shall be allowed on a lot or parcel, except when zoned and approved in a planned development that complies will all applicable county ordinances. Only one accessory dwelling unit on the property may be rented.

      2.   Amenities. An accessory dwelling unit shall contain sufficient amenities to be defined as a dwelling. An accessory dwelling unit shall not have more than one kitchen.

      3.   Parking. Two parking spaces shall be provided on site for each accessory dwelling unit, and it shall be on a hard-surface area. Only one parking space is required for an internal ADU, and it shall be on a hard-surface area.

      4.   Occupancy. Either the accessory dwelling unit or the single-family dwelling shall be owner-occupied, and be the primary residence of the owner-occupant with the primary residential exemption as determined by the Washington County assessor's office, in order to utilize the other dwelling as a long term rental dwelling. The non-owner-occupied unit is limited to no more than one family. For the purposes of this subsection "owner-occupied dwelling unit" means a unit that is occupied by the owner for a minimum of one hundred eighty-three (183) consecutive calendar days during the calendar year, except temporary leave for religious, military, or other legitimate purposes qualifies as owner occupancy if not exceeding two years. While away, the owner shall not offer the owner-occupied dwelling unit for rent separately from the accessory dwelling unit.

      5.   Short term rentals not permitted. Neither the single family dwelling unit, nor the accessory dwelling unit, shall be used or licensed as a short term rental unless specifically permitted in accordance with section 10-13-23.

      6.   Relevant authority approvals. The accessory dwelling unit shall comply with regulations, ordinances and building codes for a single family dwelling. Approval is required from all utility and service providers and the Building Official.

   C.   Standards And Requirements:

      1.   Standards same as single family dwellings. If new construction for an accessory dwelling unit is proposed or will occur, the standards for single family dwellings shall apply. An accessory dwelling unit shall comply with the same permit standards, lot development standards, and setbacks as required in the respective zone. No travel trailer, boat, recreational vehicle, or similar item shall be used as an accessory dwelling unit.

      2.   Size and height. The size and height regulations for an accessory dwelling unit are as follows:

   D.   Application Procedure: Approval of an accessory dwelling unit requires a land use permit. The application and review procedure for a land use permit is as follows:

      1.   Application submittal requirements.

         a.   A completed application form signed by the property owner or assigned agent.

         b.   An application fee. The payment of a partial application fee, or the submittal of plans for a pre-submittal review, does not constitute a complete application.

         c.   A site plan drawn accurately to scale that shows property lines and dimensions, setbacks, the location of existing buildings and building entrances, any proposed building and its dimensions from buildings and property lines, and the location of parking stalls.

         d.   Detailed floor plans, including elevations, drawn to scale with labels on rooms indicating proposed uses.

         e.   Detailed utility plans, drawn to scale showing the location of private and public utility infrastructure on the lot or parcel, and the connections to any public utilities.

      2.   Review procedure.

         a.   Upon submittal of a complete accessory dwelling unit application, Community Development staff will review the application to verify compliance with this chapter and any other relevant component of County ordinances.

         b.   Community Development staff will route the application to the local fire authority, local health department, the County Building Division, Public Works and any other relevant review department or agency for verification of compliance, determination of need for land use permit application modifications, and for the submittal of other applications or reviews necessary to obtain their approvals of an accessory dwelling unit.

         c.   If the land use permit application complies with relevant land use laws, and receives all required department and agency approvals, a land use permit shall be issued. If the application requires submittal of other applications or reviews necessary to attain the approvals of other required departments or agencies, but otherwise complies with relevant land use laws, the application shall be given conditional approval by Community Development, conditioned on approval of other reviewers. The accessory dwelling unit shall maintain compliance with the approved permit.

         d.   If the application does not comply, Community Development staff shall notify the applicant in writing, using the notification method typical for similar correspondence. The applicant shall be given the opportunity to revise the application to bring it into compliance. If the application cannot be brought into compliance, the application shall be denied. A denial by the Community Development staff is an administrative decision. Alternatively, the applicant may withdraw the application, forfeiting the fee.

         e.   Upon receipt of an approved land use permit, the applicant shall submit for a building permit, prior to construction or use of the space as an accessory dwelling unit.

         f.   If the accessory dwelling unit is rented, a business license is required. License renewal requires owner's proof of continued compliance with the requirements in this section.

      3.   Use as a long term rental dwelling. The primary dwelling or the ADU may be long term rented on the parcel or lot if the owner provides proof that the property has the primary residential exemption as determined by the Washington County assessor's office, and that the primary residence or the ADU is owner-occupied. A deed restriction, recorded against the property on a form acceptable to the county, acknowledging that the lot or parcel will remain owner-occupied, is required in order for one accessory dwelling unit on the property to be long term rented.

   E.   Enforcement: Violations of this chapter are subject to enforcement and penalties as outlined in Washington County zoning regulations. Noncompliance with the standards of this section shall be just cause for the denial of a business license application or renewal, or revocation of an existing business license, if the original conditions are not maintained that allowed the accessory dwelling unit. (Ord. 2021-1196-O, 10-5-2021; amd. Ord. 2025-1292-O, 5-6-2025)

The installation of curb, gutter and/or sidewalk, of a type approved by the County, shall be required on any street adjoining a lot on which new construction or redevelopment is to be established in any commercial, manufacturing, industrial, or residential zoning district, unless the property is subject to the exceptions listed in subsection 11-5-3C of this Code. Said installation may be required as a condition of obtaining a building permit, and shall be completed as a part of the building permit prior to occupancy. (Ord. 2016-1058-O, 4-5-2016)

   A.   The use of land for the dumping or disposal of scrap iron, junk, rubbish or other refuse, or of ashes or other industrial waste or byproduct, shall be prohibited in every zoning district unless otherwise provided in this title.

   B.   The dumping of dirt, sand, rock or other material excavated from the earth shall be permitted in any district; provided, that the surface of such dumped material is graded, leaving the ground surface in a condition suitable for other use permitted in the district; and provided further, that such fill does not increase the susceptibility of the ground to erosion, landslide, flooding or other dangerous condition. Concrete may be dumped as fill in excavations where it will be buried and not remain on the land surface.

   C.   No person, firm or corporation shall strip, excavate or otherwise remove topsoil for sale or for use other than on the premises from which the same shall be taken, except in connection with the construction or alteration of a building on those premises or where an excavation permit has been issued by the county. (Ord. 2001-815-O, 12-17-2001, eff. 12-17-2001)

   D.   No yard or other open space surrounding an existing building in a residential zone, or which is hereinafter provided around any building in any residential zone, shall be used for the storage of junk, debris or junk cars, except as specifically permitted herein or as provided and regulated in any other applicable ordinance. (Ord. 2001-815-O, 12-17-2001, eff. 12-17-2001; amd. 2004 Code)

   A.   Conditions For Permit Issuance: The county building department shall grant a permit for the establishment of a residential facility for persons with a disability in any zoning area where residential dwellings are allowed if the applicant certifies compliance with subsections A1, A2 and A3 of this section, and the county building department finds the applicant in compliance with subsections A4, A5 and A6 of this section as follows:

      1.   The residence conforms to all applicable standards and requirements of the state department of human services and, if applicable, the state department of health.

      2.   No individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others will be a resident.

      3.   If the residence is a substance abuse facility located within five hundred feet (500') of a school, the residence provides in accordance with rules established by the department of human services:

         a.   A security plan satisfactory to local law enforcement authorities;

         b.   Twenty four (24) hour supervision of residents; and

         c.   Other twenty four (24) hour security measures.

      4.   The residence conforms to all state and local building, safety, health and zoning requirements applicable to structures that are not residential facilities for persons with a disability, including the number of unrelated persons allowed in a dwelling in the zone where the residence is located.

      5.   The residence is of a size, scale and design such that it is in harmony with other residential uses in the vicinity. A residential facility for persons with a disability that would likely create a fundamental change in the character of a residential neighborhood may be excluded from the zone.

      6.   The residence is not located closer than one thousand three hundred twenty feet (1,320') (1/4 mile) to any other residential facility for persons with a disability 1 .

   B.   Transferability; Termination Of Permit: Any permit issued pursuant to this section shall be nontransferable and shall terminate if the structure is devoted to a use other than a residential facility for persons with a disability or the structure fails to comply with all building, safety, health and zoning requirements of the county applicable to similar structures. (Ord. 2006-914-O, 7-18-2006)

   A.   The building department shall grant a permit for the establishment of a residential facility for elderly persons in any zoned area where residential dwellings are permitted, subject to meeting all of the following requirements:

      1.   The facility must be owned by one of the residents, or be a facility for which the title has been placed in trust for a resident.

      2.   The residence conforms to all applicable standards and requirements of the state department of human services, and if applicable, the state department of health.

      3.   The residence conforms to all state and local building, safety, health and zoning requirements applicable to similar structures.

      4.   The residence is of a size, scale and design such that it is in harmony with other residential uses in the vicinity.

      5.   There shall be no structural or landscaping requirements that would change the structure's residential character.

      6.   There must be adequate off street parking.

      7.   No person who is being treated for alcoholism or drug abuse may be placed in a residential facility for elderly persons.

      8.   Placement in a residential facility for elderly persons shall be on a strictly voluntary basis and may not be a part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional institution.

      9.   A residential facility for elderly persons may not operate as a business.

      10.   A residential facility for elderly persons may not be considered a business because a fee is charged for food or for actual and necessary costs of operation and maintenance of the facility.

      11.   A residential facility must be occupied on a twenty four (24) hour per day basis by eight (8) or fewer elderly persons in a family type arrangement.

   B.   Any permit issued pursuant to this section shall be nontransferable and shall terminate if the structure is devoted to a use other than a residential facility for the elderly, or the structure fails to comply with all building, safety, health and zoning requirements applicable to similar structures.

   C.   No facility for the elderly may be located within three- fourths (3/4) of a mile (3,960 feet) from any other residential facility for elderly persons or for persons with a disability. (Ord. 2005-888-O, 9-20-2005; amd. Ord. 2006-914-O, 7-18-2006)

   A.   Purpose: