Wellsville City Zoning Code

ARTICLE III

BASE ZONING

10-13-1: GENERAL:

This chapter contains regulations for base residential zoning districts. It includes a list of base residential districts; a brief explanation of each district’s purpose; tables of allowed uses and structure types and standards governing development within the residential districts. The provisions of this chapter are supplemented by other regulations of the Land Use Regulations that apply to particular uses and development types and to development within certain combining districts. (Ord. 2019-04, 10-16-2019)

10-13-2: RESIDENTIAL ZONING DISTRICTS ESTABLISHED:

The following districts are base residential zoning districts:

A. RCA Residential Critical Area.

B. RAC-5 Residential Agriculture Cluster.

C. ROS 1 Residential Open Space 1 Acre.

D. ROS 1/2 Residential Open Space ½ Acre.

E. RSF Residential Single Family 12,000 sf. (Ord. 2019-04, 10-16-2019)

10-13-3: RESIDENTIAL ZONING DISTRICTS:

Residential zoning districts are intended to accommodate residential uses and other uses as determined in Table 10-14-2. Density ranges are indicated within each zoning district. Single family homes in all residential zones shall have a minimum square footage of one thousand (1,000) sq. ft of live space. The City shall have the discretion to determine the actual project density as supported in findings based upon site development standards, site design and layout, and other development factors specified in these Land Use Regulations and the General Plan. Conditional uses are evaluated on the basis of the standards for review contained in Chapter 10-49. Conditional uses which may be considered within a residential zone are listed with a “C” in Table 10-14-2 in Chapter 10-14-2. (Ord. 2019-04, 10-16-2019)

10-13-4: RCA, RESIDENTIAL CRITICAL AREA:

A. Purpose. RCA, Residential-Critical Area district is intended to promote the health, safety and the public welfare of the city and the inhabitants thereof, by establishing standards for the critical areas within the city. Since the critical areas of the city possess different characteristics than the city's flatland, it is necessary to impose special regulations to minimize soil and slope instability, erosion, sedimentation and water runoff, and to protect the water and visual quality and natural character of these important lands. The purpose of the district shall be to promote the following city standards by which all development in this district shall be measured:

1. Planning of development shall fit the topography, soils, geology, hydrology and other conditions existing on the proposed site;

2. Orientation of all development to site specific details so that grading and other site preparation shall be kept to an absolute minimum;

3. Concentration of dwellings and other structures by clustering or planned development in such a manner as to preserve large areas of open space and the natural characteristics of the terrain;

4. A safe means of ingress and egress for vehicular and pedestrian traffic shall be provided to and within areas suitable for development while at the same time minimizing the scarring effects of critical area street construction;

5. Development shall be allowed only in those areas well suited for development and construction as evidenced by competent soils, geology, and hydrology investigations and reports. All other areas shall be reserved for open space and recreation areas;

6. Preservation and enhancement of the natural beauty; and

7. The prevention of flooding and deterioration of water quality by protection of streams, drainage channels, absorption areas and floodplains from substantial alteration of their natural functions.

B. Lot Size and Development Density as established in Table 10-15-1.

C. Site Development Considerations:

1. Design Review: Required for planned developments, subdivisions, and for individual residences above the visual sensitivity area established in the Land Use Element.

2. Onsite Usable Open Space: There shall be at least two thousand (2,000) square feet of usable open space on each lot or as a part of overall open space requirements as adopted in design review of the project.

3. Standards:

a. Grading:

(1) No grading, filling or excavation of any kind shall be accomplished without first having obtained a grading permit from the city, who shall not issue such permit until the final grading plan, endorsed by a registered civil engineer, submitted as a part of the preliminary plat, is approved by the Planning Commission.

(2) Land within twenty percent (20%) or greater slope shall not be graded and must remain in its natural state, except that natural vegetation may be supplemented by other plant material.

(3) Every lot or parcel shall have one buildable area equal to at least forty percent (40%) of the minimum lot size required by the zone in which it is located.

(4) Fill areas shall be prepared by removing organic material, such as vegetation, rubbish and other material which is detrimental to proper compaction or otherwise not conducive to stability. No rock or similar irreducible material with a maximum diameter greater than twelve inches (12") shall be used as a fill material in fills that are intended to provide structural strength.

(5) All rough street and site grading shall be completed prior to the installation of utilities.

(6) Fills shall be compacted to at least ninety five percent (95%) of AASHTO T180 density for those areas intended as structural foundations, including roadways.

(7) Cut slopes shall be no steeper than two (2) feet horizontal to one (1) foot vertical. Subsurface drainage shall be provided as necessary for stability.

(8) Fill slopes shall be no steeper than two (2) horizontal to one vertical.

(9) Tops and toes of cut and fill slopes shall be set back from property boundaries a distance of three (3) feet minimum.

(10) Borrowing for fill shall be prohibited unless the material is obtained from a cut borrow area permitted under an approved grading plan. Borrow (fill) material shall not be taken from any critical area within the city.

(11) Cut slopes shall be constructed to eliminate sharp angles of intersection with the existing terrain and shall be rounded and contoured as necessary to blend with existing topography to the maximum extent possible. The city will not accept the dedication and maintenance of cut and fill slopes except those within the required street rights of way. Where a cut or fill slope occurs between two (2) lots, the slope shall normally be a part of the downhill lot.

(12) Maximum percentage of critical area lots that can be graded shall not exceed fifty percent (50%), including building pad, parking, driveways, walls, pools, patios and accessory structures.

b. Drainage:

(1) Required storm water runoff collection facilities shall be designed so as to retain storm water runoff on development sites for a sufficient length of time so as to prevent flooding and erosion during storm water runoff flow periods.

(2) Required storm water runoff collection facilities shall be so designed as to divert surface water away from cut faces or sloping surfaces of a fill. French drains are not acceptable.

(3) Natural drainage shall be riprapped or otherwise stabilized to the satisfaction of the city below drainage and culvert discharge points for a distance sufficient to convey the discharge without channel erosion.

(4) Waste material from construction, including soil and other solid materials, shall not be deposited within a natural or manmade drainage course, nor within irrigation channels.

(5) Sediment catchment ponds shall be constructed downstream from each development, unless sediment retention facilities are otherwise provided.

(6) All storm water design and facilities shall meet local, state and federal requirements.

c. Vegetation and Revegetation:

(1) Every effort shall be made to conserve topsoil which is removed during construction for later use on areas requiring vegetation or landscaping, e.g., cut and fill slopes.

(2) Areas not contained within lot boundaries shall be protected with adapted, fire resistant species of perennial vegetative cover after all construction is completed. All revegetation shall follow the standards for Fire-wise Plants for Utah Landscapes by the Utah State Extension Forester guidelines. www.utahfireinfo.gov. Additionally, all revegetation plans shall be submitted to the Wellsville Beautification Committee for a recommendation to the Planning Commission.

(3) New planting shall be protected with organic cover.

(4) All disturbed soil surfaces shall be stabilized before final acceptance of the subdivision by the city.

(5) In all areas under the ownership and control of the subdivider, the subdivider shall be fully responsible for any destruction of native vegetation which is required to be retained. The subdivider shall carry the responsibility for such areas both for his own employees and for all subcontractors from the first day of construction until final acceptance of the subdivision by the city. The subdivider shall be responsible for replacing such destroyed vegetation.

d. Fire Protection:

(1) Lot size and potential placement of buildings thereon shall be such that adequate clearance of hazardous, flammable vegetative cover may be accomplished and shall follow requirements of the Wildland/Urban Interface Fire Safety Overlay Zone Chapter 10-28.

(2) All easements for firebreaks for safety of built up areas shall encompass access for firefighting personnel and equipment and such easements shall be dedicated for this specific purpose by being recorded.

(3) Fire protection shall be provided as required by local and state fire authorities.

e. Vehicles: A minimum of two (2) parking spaces per dwelling shall be provided. Parking spaces must be enclosed within a garage or, if not so enclosed, screened by landscaping such that no parked vehicles are visible from any public street. Unenclosed parking cannot occupy front or side yard areas. Vehicle access shall be designed in such a manner as to minimize the number of intersections with peripheral access roads.

f. Critical Lands:

(1) Critical Lands set aside in any division of land shall not be included in the average cross slope analysis. The total acreage of the project site may be used for dwelling unit density calculations; provided, that all other applicable provisions of this section are met.

(2) Development shall not be permitted within the legally described boundaries of Critical Lands. However, if utility or service trenches cannot reasonably be provided without crossing Critical Lands of the site, such trenches may be permitted, provided they are revegetated.

(3) Critical Lands shall be clearly delineated, in a surveyable manner, on all final plats and development plans.

(4) Critical Lands shall be incorporated into the subdivision plat as either a portion of privately-owned lots or as land parcels under the ownership of a homeowners' association or other approved ownership entity. Deed restrictions which prohibit development in Critical Lands shall accompany the plat. The open space and Critical lands requirements of the subdivision regulations of Title 10 of this code will apply.

(5) Land parcels which include Critical Lands designation shall not be further divided. Recorded subdivisions within project sites that include relocated densities due to Critical Lands designation shall not be further divided.

g. Street Design: Streets in critical areas shall reflect a rural rather than urban character. Street alignments, where possible, should be parallel to contours, in valleys or on ridges. If a location between a valley and a ridge is unavoidable, directional pavements should be split, with the principle of grading being half cut and half fill versus all fill or all cut. Split streets may be provided by the subdivider according to the following schedule:

(1) One lane in each direction, the split section width of the pavement shall be sixteen feet (16').

(2) Two (2) lanes in each direction, the split section width of the pavement shall be twenty-two feet (22'). The median between split streets shall not exceed the slope of two feet (2') horizontal for each one foot (1') vertical; and such median shall be planted by the subdivider and maintained for one year, to the satisfaction of the city. Where deemed appropriate by the city, lots may be located between the split pavement and such lots may front on both lanes.

(3) Streets in critical areas may intersect at a minimum angle of sixty degrees (60°), provided they meet all other legal requirements relating to the construction of streets.

(4) Grades of streets shall be permitted to exceed eight percent (8%), to a maximum of ten percent (10%) for a distance not greater than three hundred feet (300') in any two thousand feet (2,000') of street distance.

(5) The following minimum dimensions are to be utilized in the design of streets:

(A) Curb and gutter are required in the RCA zone because of potential storm water hazards from steep roads. However, curb and gutter may eliminated where the road grade will allow efficient management of storm water. If the developer can show a realistic solution for managing storm water in all or a portion of the property without the installation of curb, gutter, and underground storm water pipes, these requirements may be modified or eliminated as a condition of approval;

(B) The width of the graded section shall extend three feet (3') beyond the curb face or edge of sidewalk on the fill side and two feet (2') on the cut side of the street;

(C) Sidewalks of not less than five (5) feet in width may be required on one side of minor streets and on both sides of a collector street, except where adjacent to curb, sidewalks shall be six (6) feet in width;

(D) Parking lanes, eight feet (8') in width, may be required on at least one side of all public streets, except where existing topography renders development adjacent to the street impractical; or where the street serves solely as an access road; or where an adequate number of off-street parking spaces are provided on each lot adjacent to the street. Streets without parking lanes shall be provided with emergency parking stalls adequate to contain at least two (2) vehicles per lot;

(6) The following travel lane widths shall be required in all critical area zones:

(A) Minor Streets: Minor streets shall have a minimum travel lane of ten feet (10').

(B) Collector Streets: Collector streets shall have a minimum travel lane of twelve feet (12').

h. Required Application Information:

(1) Total Design Plan: Residential developments and lots under the provisions of the subdivision regulations codified in Title 10 of this code shall be guided by a total design plan to include all property owned or controlled by the applicant. All phases of a project must be drawn conceptually to scale and must include roads, development parcels, and phasing for the total project. The city will expect the developer to be the owner or an official representative of the owner and to provide the city with complete information about the size and scope of the project. The total design plan shall include all development requirements as stated in this code. Application and submission for approval shall meet all requirements.

(2) Documents: The Planning Commission shall require the following reports and plans to be provided by the applicant. Unless the applicant is notified of deficiencies in such reports and plans within thirty (30) days of their submission, the reports and plans shall be deemed adequate to complete the processing of the application. The Planning Commission may waive any reports and plans it decides are not necessary to determine whether the development meets the requirements of this article. Required reports shall be as defined in the subdivision regulations codified in Title 10 . In addition, the submitted plan shall include, at least, the following information:

(A) A map of the entire site showing existing details and contours of the property and proposed contour modifications using a minimum of ten foot (10') contour intervals at a scale of one inch equals one hundred feet (1" = 100');

(B) Maps of areas to be graded, showing existing details and contours at five foot (5') intervals where terrain will not be modified and proposed details and contours of two foot (2') intervals where terrain modification is proposed, using a scale of one inch equals twenty feet (1" = 20');

(C) An investigation of the effects of high intensity rainstorm (one hundred (100)-year occurrence according to U.S. Department of Commerce Weather Bureau Frequency Curves) evaluating how the proposed drainage system will handle the predicted flows, including effects of drainage areas outside the development, which drain through the subject area and the anticipated flow of the drainage leaving the development;

(D) The history, including frequency and duration of prior flooding;

(E) Proposed plans and locations of all surface and subsurface drainage devices, walls, dams, sediment basins, storage reservoirs and other protective devices to be constructed with or as part of the proposed work, together with a map showing drainage areas, and the proposed drainageways which may be affected by the proposed project. Include estimated runoff of the areas served by the drainage plan;

(F) A schedule showing when each stage of the project will be completed, including the total area of soil surface which is to be disturbed during each stage and an estimate of starting and completion dates. The schedule shall be drawn to limit to the shortest possible period the time that soil is exposed and unprotected. In no event shall the existing natural vegetation or ground cover be destroyed, removed or disturbed more than fifteen (15) days prior to commencing grading for development as scheduled;

(G) A written statement by the person or firm preparing the grading and drainage plan identifying any grading and drainage problems of the development and further stating an opinion as to the ability of the proposed plan to mitigate or eliminate such problems in a manner as to prevent hazard to life, hazard to property, adverse effects on the safety, use or stability of a public way or drainage channel and adverse impact on the natural environment;

(H) The vegetation plan and report shall be prepared by a person or firm qualified by training and experience to have expert knowledge of the subject and shall include at least the following:

(i) A survey of existing trees, large shrubs and ground covers;

(ii) A plan of the proposed revegetation of the site detailing existing vegetation to be preserved, new vegetation to be planted and any modifications to existing vegetation;

(iii) A plan for the preservation of existing vegetation during construction activity;

(iv) A vegetation maintenance program, including initial and continuing maintenance necessary;

(v) A written statement by the person or firm preparing the vegetation plan and report identifying any vegetation problems, and further stating an opinion as to the ability of the proposed plan to mitigate or eliminate such problems in a manner as to prevent hazard to life or property, adverse effects on the safety, use or stability of a public way or drainage channel and adverse impact on the natural environment. (Ord. 2019-04, 10-16-2019)

10-13-5: RAC-5, RESIDENTIAL AGRICULTURE CLUSTER:

The RAC-5, Residential Agriculture Cluster district is intended to provide permanent areas for small intensive farms, hobby farms and agricultural estate farms. (1991 Code § 10-52-1, as amended).

A. Lot Size and Development Density:

1. Minimum area for new lots: As established in Table 10-15-1, as adopted by the Planning Commission.

2. Maximum density in number of units per acre of net land area for new lots or parcels: As established in Table 10-15-1, as adopted by the Planning Commission, and not exceeding the maximum density. Maximum density may be reduced at the discretion of the Planning Commission based on the proposed subdivision design, neighborhood character, terrain, topography, site-specific considerations, and other requirements of this Title.

B. Site Development Considerations:

1. Onsite usable open space: In conjunction with planned development standards, there shall be at least two thousand (2,000) square feet of usable open space on each lot or as a part of overall open space requirements as adopted in design review of the project.

2. Design review: Required for planned developments and subdivisions, but not for individual residences unless located within the Visual Sensitive Area.

C. Maximum Occupancy, Vehicle Limitation:

1. One (1) family unit or not more than three (3) unrelated adults.

2. Family unit occupancy – Section Reserved.

3. Parking shall conform to code (Parking Section 10-38-8). No person shall maintain a number of vehicles in excess of available conforming parking or parking for which a right-of-way parking permit has been issued pursuant to the Wellsville City Code. (Ord. 2019-04, 10-16-2019)

10-13-6: ROS1, RESIDENTIAL OPEN SPACE 1 ACRE:

The ROS1, Residential Open Space district is intended to accommodate household living in conventional single family detached houses.

A. Lot Size and Development Density:

1. Minimum area for new lots: As established in Table 10-15-1.

2. Maximum density in number of units per acre of net land area for new lots or parcels: As established in Table 10-15-1, and not exceeding the maximum density. Maximum density may be reduced at the discretion of the Planning Commission based on the proposed subdivision design, neighborhood character, terrain, topography, site-specific considerations, and other requirements of this Title.

B. Site Development Considerations:

1. Onsite usable open space: Single family dwellings, detached: two thousand (2,000) square feet of usable open space for each dwelling.

2. Design review: Required for planned developments, subdivisions, and in-fill, but not for other individual residences, unless located within the Visual Sensitive Area.

C. Maximum Occupancy, Vehicle Limitation:

1. One (1) family unit or not more than three (3) unrelated adults.

2. Family unit occupancy – Section Reserved.

3. Parking shall conform to code (Parking, Section 10-38-8). (Ord. 2019-04, 10-16-2019)

10-13-7: ROS1/2, RESIDENTIAL OPEN SPACE 1/2 ACRE:

The ROS 1/2, Residential Open Space district is primarily intended to accommodate household living in detached houses. The ROS 1/2 district corresponds to the same land use classification of the General Plan.

A. Lot Size and Development Density:

1. Minimum area for new lots or parcels: As established in Table 10- 15-1, as adopted by the Planning Commission.

2. Number of units per acre of net land area: As established in Table 10- 15-1, as adopted by the Planning Commission. Maximum density may be reduced at the discretion of the Planning Commission based on the proposed Subdivision design, neighborhood character, terrain, topography, site specific considerations, and other requirements of this Title. Final density to be determined through the design review process and with approval of the Planning Commission.

B. Site Development Considerations:

1. Design review: Required for planned developments, and subdivisions, but not for individual residence unless located within a Visual Sensitive Area.

2. Onsite usable open space: two thousand (2,000) square feet for each dwelling unit.

a. Onsite usable open space shall be usable for recreation or play.

b. Design review shall determine whether or not it shall be contiguous or in clusters.

C. Maximum Occupancy, Vehicle Limitation:

1. One family unit or not more than three unrelated adults.

2. Family unit occupancy – Section Reserved.

10-13-8: RSF, RESIDENTIAL SINGLE FAMILY 12,000 SF:

The RSF, Residential Single Family district is intended to accommodate household living in traditional single family detached houses.

A. Lot Size and Development Density:

1. Minimum area for new lots or parcels: As established in Table 10- 15-1, as adopted by the Planning Commission.

2. Number of units per acre of net land area: As established in Table 10- 15-1, as approved by the Planning Commission. Maximum density may be reduced at the discretion of the Planning Commission based on the proposed subdivision design, neighborhood character, terrain, topography, site-specific considerations, and other requirements of this Title. Final density to be determined through the design review process and with approval of the Planning Commission.

3. Multiple family dwellings may be approved by Conditional Use Permit. Refer to Chapter 10-41.

B. Site Development Considerations:

1. Onsite usable open space: two thousand (2,000) square feet for each dwelling unit.

a. Onsite usable open space shall be usable for recreation or play.

b. Design review shall determine whether or not it shall be contiguous or in clusters.

2. Design review: Required for planned developments, subdivisions, and multi dwelling structures, but not for individual residences unless located in the Visually Sensitive Area as defined in the General Plan.

C. Maximum Occupancy, Vehicle Limitation:

1. One (1) family unit or not more than three (3) unrelated adults.

2. Family unit occupancy – Section Reserved.

3. Parking shall conform to code (Parking Section 10-38-8). No person shall maintain a number of vehicles in excess of available conforming parking. (Ord. 2019-04, 10-16-2019)

10-14-1: PURPOSE:

The purpose of this chapter is to define the types of uses permitted and conditionally permitted within Residential Zoning districts. This chapter is intended to define the categories of uses that are compatible with the residential zones and to list common uses that are permitted or conditionally permitted within residential zoning districts. (Ord. 2019-04, 10-16-2019)

10-14-3: ACCESSORY USES: RESIDENTIAL ZONING DISTRICTS:

Accessory uses and structures shall be permitted within residential districts in compliance with the Site Development Standards of Section 10-15-1. Accessory uses shall not be permitted to be constructed or occupied before the establishment of the primary use. Additional regulations apply to Home Occupations (See Chapter 10-43). (Ord. 2019-04, 10-16-2019)

10-14-4: TEMPORARY USES: RESIDENTIAL ZONING DISTRICTS:

Temporary uses shall be permitted within residential districts for a period not to exceed twelve (12) calendar months in compliance with the provisions of this chapter and Site Development Standards of Section 10-15-1. Additional regulations apply to home occupations. (Ord. 2019-04, 10-16-2019)

10-15-2: DENSITY:

A. The maximum density standard of Table 10-15-1 (expressed in units per acre of land area [U/A] when density permits one or more units per acre; density is expressed either in number of acres per unit when more than one acre is required for one dwelling unit, or as a fraction of a dwelling unit per acre) apply to all residential uses. A density of five acres per dwelling unit is expressed as either 5 ac/unit or 0.2 units/acre.

B. Exception to Calculate Density. A density multiplier of 1.0 may be used to calculate the allowed density of a property, whenever one of the following conditions exist (see Table 10-15-1):

1. A lot or lots are legally existing and the lot size equals or exceeds the required base lot size of the zone in which the parcel exists. The base lot sizes are ROSS - 5.0 acres, ROS1-1.0 acre, ROS 1/2 - .5 acre, and RSF - 12,000 square feet; or

2. A lot or lots are legally existing and no dedication of public right-of-way is required for subdivision approval.

(Ord. 2019-04, 10-16-2019; amd. Ord. 2022-10, 9-21-2022)

10-15-3: CRITICAL LANDS OR CRITICAL LANDS EXCLUDED:

Critical Lands Excluded: The area used to determine the number of allowed dwelling units for any parcel of land shall exclude all Critical lands. However, when a parcel of land contains highly productive agricultural soils or community visual amenities, the maximum amount of land area to be excluded shall not exceed the amount required for open space within the respective zone. (Ord. 2019-04, 10-16-2019)

10-15-4: DENSITY REDISTRIBUTION IN MULTIPLE ZONES TO AVOID SENSITIVE OR CRITICAL LANDS:

Allowance for variation in location of dwellings within multiple zones: Any project containing land with more than one residential zoning designation shall be allowed the total number of dwelling units calculated. The distribution of the dwellings within the zones may be modified if, in the opinion of the Planning Commission, dwellings may be more appropriately located to avoid critical lands, or may be so located for the greater benefit of the neighborhood or community. In no case may the total dwelling allowance exceed the density allowance of this title. The Planning Commission shall determine the extent and the distribution of dwellings within the zones. (1991 Code § 17.04.063, as amended). (Ord. 2019-04, 10-16-2019)

10-15-5: LOT SIZE:

A. Area: In order to develop a use other than one single family dwelling, the subject property shall be at least equal to the minimum lot size defined in Table 10-15-1.

B. Width: The minimum frontage standards of Table 10-15-1 apply to all uses allowed within the residential districts.

C. Exception: A single detached house may be built upon an official lot of record that existed prior to April 15 1972 and does not comply with the minimum size standards of Table 10-15-1 upon approval of the Board of Adjustment and provided that the development of the lot shall comply with all other applicable site development standards. (Ord. 2019-04, 10-16-2019)

10-15-6: ON-SITE USABLE OPEN SPACE:

A. The minimum on-site space standards of Table 10-15-1 apply only to residential uses allowed within the residential districts. Required on-site open space shall be provided on the same lot as the residential use it is intended to serve. It may be provided on or above the ground. It may be covered with a roof structure, but it cannot be fully enclosed, unless approved by the Planning Commission as a commonly owned recreation center or public recreation facility owned and operated by the City.

B. When a project is developed with combined open space areas, the open space shall be held in common undivided ownership and shall be managed through the property owner or homeowner association as prescribed in Chapter 10-35.

C. Usable open space is not intended to be a defined size, but the majority of usable open space must be sited and sized in such a manner to provide practical and useful purposes for the residents of the development. The City Manager may call upon the Planning Commission of Parks and Recreation for assistance in determining whether proposed “usable” open space is of a size and nature that can be utilized by the property owners and residents. (Ord. 2019-04, 10-16-2019)

10-15-7: SETBACKS:

The minimum setback standards of Table 10-15-1 apply to all uses allowed within the residential districts. (Ord. 2019-04, 10-16-2019)

10-15-8: HEIGHT:

The maximum height standards of Table 10-15-1 apply to all primary, accessory uses and structures, fences, and walls, allowed within residential districts, except that the following may exceed the stated limits: water towers; utility poles; public safety facilities; solar collectors, louvers and reflectors; penthouse structures for elevators, stairways, HVAC facilities or similar equipment; skylights; steeples; flagpoles; chimneys; silos; barns; or other similar structures. (Ord. 2019-04, 10-16-2019)

10-16-1: BUSINESS AND OTHER DISTRICTS ESTABLISHED:

The following districts are base zoning districts:

CC, Commercial City Center.

CG, Commercial General.

CGC, Commercial General Cluster.

HT, Historic Tourism.

RPD, Recreational Planned Development.

IND, Industrial.

PUB, Public.

REC, Recreation.

AG, Agricultural.

FR, Forest Recreation

OSC, Open Space Conservation. (Ord. 2019-04, 10-16-2019)

10-16-2: CC, COMMERCIAL CITY CENTER:

The CC, Commercial City Center district is primarily intended to accommodate downtown Wellsville retail and service businesses that have a limited market area. The CC district corresponds to the land use classification of the General Plan. The CC zone permits small-scale retail development in old downtown city center. Its uses are intentionally limited in scope and development size, and are to be generally supported by customers from within the community, however uses that attract outside dollars would be welcomed and should be promoted.

A. Site Development Considerations:

1. Design review: Required.

2. Residential land use: Conditionally permitted conforming with the standards for density, site development, and landscaping which is consistent with the highest intensity residential zoning district that is nearest the property proposing development. However, residential uses should not take valuable retail and commercial space on the street level and adjacent to Main Street.

3. Accessory dwellings associated with residential permits: Not permitted.

4. Parking shall conform to code (Parking 10-38-8 ).

5. Signs shall conform to code (Signs, Chapter 10-40 ). (Ord. 2019-04, 10-16-2019)

10-16-3: CG, COMMERCIAL GENERAL DISTRICT:

The CG, Commercial General district is primarily intended to accommodate retail, service, office, and other commercial uses that have a Citywide or regional market area. The CG district corresponds to the CG land use classification of the General Plan.

A. Site Development Considerations:

1. Design review: Required.

2. Residential land use: Conditionally permitted conforming with the standards for density, site development, and landscaping for the applicable residential zoning district and approved multifamily residential.

3. Accessory dwellings associated with residential permits: Not permitted.

4. Parking shall conform to code (Parking 10-38-8 ).

5. Signs shall conform to code (Signs, Chapter 10-40 ). (Ord. 2019-04, 10-16-2019)

10-16-4: CGC, COMMERCIAL GENERAL CLUSTER DISTRICT:

The CG, Commercial General Cluster district is primarily intended to accommodate retail, service, office, and other commercial uses that have a Citywide or regional market area which are clustered around approved lighted intersections on US Highway 89/91. The Tax ID numbers of the specific properties that are included in this zoning district are as follows:

• 11-090-0007

• 11-089-0007

• 11-087-0008

• 11-087-0007

• 11-088-0022

• 11-091-0012

• 11-091-001111-091-0010

The CGC district does not corresponds to a specific land use in the General Plan but it does fulfill the purposes of the General Plan to concentrate commercial activities at approved lighted intersections.

A. Site Development Considerations:

1. Design review: Required.

3. Accessory dwellings associated with residential permits: Not permitted.

4. Parking shall conform to code (Parking 10-38-8 ).

5. Signs shall conform to code (Signs, Chapter 10-40 ). (Ord. 2019-04, 10-16-2019)

10-16-5: HT, HISTORIC TOURISM:

The HT, Historic Tourism district is primarily intended to accommodate the American West Heritage Center or other future uses similar, where land is uses to attract citizens and tourists to enjoy (AWHC) historical venues and attractions. The land in this district is dominated by agricultural uses mixed with entertainment venues for tourists and local patrons. The HT district corresponds to the AWHC land use classification of the General Plan.

A. Site Development Considerations:

1. Design review: Required.

2. Residential land use: Conditionally permitted conforming with the standards for density, site development, and landscaping for the applicable residential zoning designation.

3. Accessory dwellings associated with residential permits: Not permitted.

4. Parking shall conform to code (Parking 10-38-8 ).

5. Signs shall conform to code (Signs, Chapter 10-40 ). (Ord. 2019-04, 10-16-2019)

10-16-6: IND, INDUSTRIAL DISTRICT:

The IND, Industrial district is primarily intended to accommodate industrial, manufacturing, warehousing, transportation, and high-intensity commercial uses. The IND district corresponds to the IND land use classification of the General Plan.

A. Site Development Considerations:

1. Design review: Required.

2. Residential land use: Not permitted .

3. Accessory dwellings associated with residential permits: Not permitted.

4. Parking shall conform to code (Parking, Section 10-38-8).

5. Signs shall conform to code (Signs, Chapter 10-40). (Ord. 2019-04, 10-16-2019)

10-16-7: RPD, RECREATIONAL PLANNED DEVELOPMENT OVERLAY ZONE:

The RPD, Recreational Planned Development district is to provide a zone to allow sensitive utilization of land in mountainous areas. It is intended to allow the preservation of open spaces by clustering of built facilities. These provisions are to protect the beauty and desirable environments of the mountains within the city. This chapter also intends to protect all land resources which are sensitive to the impacts of development. The RPD overlay zone is not intended to become primarily, a residential zoning district. The RPD district corresponds to the RPD land use classification of the General Plan.

A. Unique Site Development Considerations for RPDs:

1. Design review: Required.

2. Residential land use is limited by the requirement of Chapter 10-30. (Ord. 2019-04, 10-16-2019)

10-16-8: PUB, PUBLIC DISTRICT:

The PUB, Public district’s purpose is to classify lands on which public facilities, public schools, and other existing or identified publicly-owned facilities or uses are or will be located. Some public lands, such as parks, community centers, educational facilities, and nature preserves are also classified as open space. The Public zoning district is appropriate for publicly owned lands, lands owned by public utilities, schools, or Utah State University. Utah State University properties are classified “PUB-USU” for purposes of identifying the University’s property and indicating that University-owned projects are exempt from local zoning requirements. Private projects on University lands shall be subject to City development standards and permitting requirements.

A. Site Development Considerations:

1. Design Review: Required.

2. Landscaping: Publicly accessible facilities shall comply with landscaping standards designated in Chapter 10-39.

3. Parking shall conform to code (Parking, Section 10-38-8). (Ord. 2019-04, 10-16-2019)

10-16-9: REC, RECREATION DISTRICT:

The REC, Recreation districts are intended to be applied to publicly-owned recreation and park facilities. The classification may also be used conditionally for privately owned recreation facilities, such as a recreation vehicle park, campground, or similar accommodation facility.

A. Site Development considerations:

1. Design Review: Required.

2. Landscaping: Publicly accessible facilities shall comply with landscaping standards designated in Chapter 10-39.

3. Parking shall conform to code (Parking 10-38-8). (Ord. 2019-04, 10-16-2019)

10-16-10: AG, AGRICULTURAL DISTRICT:

The AG, Agricultural district is intended to (1) accommodate agricultural land uses; (2) protect environmentally sensitive areas of the community; (3) provide an interim zoning classification for lands annexed into the City; or (4) accommodate household living uses in detached houses. The AG district corresponds to the AG land use classification of the General Plan.

A. Lot Size and Development Density:

1. Minimum area for new lots or parcels after subdivision: As established in Table 10-18-1, as adopted by the Planning Commission.

2. Maximum density in number of units per acre of net land area for new lots or parcels: As established in Table 10-18-1, as adopted by the Planning Commission. Maximum density may be reduced at the discretion of the Planning Commission based on the proposed subdivision design, neighborhood character, terrain, topography, site specific considerations, and other requirements of this Title.

B. Site Development Considerations:

1. Design review: Required for planned developments and subdivisions, and for individual residences above the visual sensitivity area established in the Land Use Element.

2. Onsite usable open space: In conjunction with planned development requirements, there shall be at least two thousand (2,000) square feet of usable open space on each lot or as a part of overall open space requirements as adopted in design review of the project. In the zoning district, there is no reduction for additional units.

C. Maximum Occupancy, Vehicle Limitation:

1. One (1) family unit or not more than three (3) unrelated adults.

2. Family unit occupancy – Section Reserved.

3. Parking shall conform to code (Parking, Section 10-38-8). (Ord. 2019-04, 10-16-2019)

10-16-11: FR, FOREST RECREATION:

The FR, Forest Recreation district is intended to be applied to mountain lands.

A. Site Development considerations:

1. Design Review: Required.

2. Landscaping: Publicly accessible facilities shall comply with landscaping standards designated in Chapter 10-39.

3. Parking shall conform to code (Parking 10-38-8).

4. Maximum density in number of units per acre of net land area for new lots or parcels: As established in Table 10-18-1, as adopted by the Planning Commission. Maximum density may be reduced at the discretion of the Planning Commission based on the proposed subdivision design, neighborhood character, terrain, topography, site specific considerations, and other requirements of this Title.

B. Site Development Considerations:

1. Design review: Required for planned developments and subdivisions, and for individual residences above the visual sensitivity area established in the General Plan.

C. Maximum Occupancy, Vehicle Limitation:

1. One (1) family unit or not more than three (3) unrelated adults.

2. Family unit occupancy – Section Reserved.

3. Parking shall conform to code (Parking Section 10-38-8). No person shall maintain a number of vehicles in excess of available conforming parking. (Ord. 2019-04, 10-16-2019)

10-16-12: OSC, OPEN SPACE CONSERVATION DISTRICT:

The OSC, Open Space Conservation district is intended to (1) accommodate agricultural land uses; (2) protect environmentally sensitive areas of the community including but not limited to steep slope, flood plains, etc. (3) or accommodate a very limited number of detached houses. The OSC district corresponds to the OSC land use classification of the General Plan. This land use is located primarily in the flood plain of the Little Bear River and is downstream of the Hyrum Dam and Reservoir. This zone is to have limited residential uses and requires flood mitigation to obtain approval of any residential units. Development shall also be constrained by other local, state, and federal requirements.

A. Lot Size And Development Density:

1. Minimum area for new lots or parcels after subdivision: As established in Table 10-18-1, as adopted by the Planning Commission.

2. Maximum density in number of units per acre of net land area for new lots or parcels: As established in Table 10-18-1, as adopted by the Planning Commission. Maximum density may be reduced at the discretion of the Planning Commission based on the proposed subdivision design, neighborhood character, terrain, topography, considerations, and other requirements of this Title.

B. Site Development Considerations:

1. Design review: Required for planned developments and subdivisions, and for individual residences above the visual sensitivity area established in the Land Use Element.

C. Maximum Occupancy, Vehicle Limitation:

1. One family unit or not more than three unrelated adults.

2. Family unit occupancy – Section Reserved.

3. Parking shall conform to code (Parking, Section 10-38-8). No person shall maintain a number of vehicles in excess of available conforming parking. (Ord. 2019-04, 10-16-2019)

10-17-1: PURPOSE:

The purpose of this chapter is to define the types and scope of uses permitted and conditionally permitted within Business and Other Zoning Districts. This chapter is intended to define the categories of uses that are compatible with these zones and to list common uses that are permitted or conditionally permitted within Business and Other Zoning Districts. (Ord. 2019-04, 10-16-2019)

10-17-3: RESIDENTIAL STRUCTURE TYPES:

A. Commercial Zoning Districts: Residential uses for which a conditional use permit has been approved may be constructed in conformance with the equivalent residential zoning districts identified in this section. Refer to Table 10-17-2.

1. CC: Residential equivalent zoning district shall be consistent with the highest intensity residential use.

2. CG: Residential use allowed consistent with requirements for residential districts allowing multiple unit structures.

3. New household living (including the addition of dwelling units) is conditionally permitted only when floor space adjacent to the street or front of the building is comprised of commercial uses; the residential use is limited to space within the building or internal to the project. Renovation of existing residential properties does not require a Conditional Use Permit so long as the number of residential units(s) does not increase beyond the number that currently exists.

B. Industrial Zoning Districts: Mobile homes and other types of dwelling units used as on-site housing for security guards or caretakers may be allowed in industrial zoning district if reviewed and approved in accordance with the conditional use permit procedures of Chapter 10-49. Only one such dwelling shall be allowed per lot. No other residential uses are permitted in an industrial zoning district. (Ord. 2019-04, 10-16-2019)

10-17-4: ACCESSORY USES: BUSINESS AND OTHER ZONING DISTRICTS:

Accessory uses shall be permitted within districts if the establishment of the use or construction of a structure for the accessory use complies with the Site Development standards of Chapter 10-18. (Ord. 2019-04, 10-16-2019)

10-17-5: TEMPORARY USES: BUSINESS AND OTHER ZONING DISTRICTS:

Temporary uses shall be permitted within Business and Other Zoning Districts for a period not to exceed twelve calendar months in compliance with the provisions of this chapter and Site Development Standards of Chapter 10-18. (Ord. 2019-04, 10-16-2019)

10-18-1: SITE DEVELOPMENT STANDARDS ESTABLISHED:

Table 10-18-1 lists the site development standards that apply within commercial and industrial zoning districts. These standards are “base” standards, not entitlements. Other regulations of the Land Use Regulations, including the Supplemental Regulations of Article III, may impose greater restrictions. (Ord. 2019-04, 10-16-2019)

Table 10-18-1: Business Development District Site Development Standards

Business and Other Zoning District Site Development Standards
Non-Residential Uses	CC	CG	CGC	HT	IND	RPD	PUB	REC	A	FR	OSC
LOT SETBACKS
Primary uses and structures The following are standards that may be adjusted as a part of the design review permit, only when a superior design and development product is provided. Building setbacks shall be consistent with surrounding and adjacent development setbacks or to continue a development pattern. During Design Review permitting, the Planning Commission shall utilize setbacks between the road right-of-way and parking lots for buildings, landscaping and other development amenities.
Parking setback: Minimum setback between property line and parking, feet 38,39	30	150	30	200	50	20	30	30	100	30	30
Front yard, feet	0	150	30	200	50	30	3040	3041	3041	30	30
Side yard/except when adjacent to residential	0/10	5	5	5	5	10	0-25	20-50	0	50	50
Corner lots, feet	0/0	5-25	5-25	5-25	5-25	30	8	8-20	0	20	20
Rear yard, feet	0	10	10	10	5	30	0-25	20-50	0	30	30
Setback from US Highway 89/9140	NA	150	30	200	150	150	150	150	0	150	150
Accessory uses and structures All setbacks for an accessory use and structures shall be the same as for primary use and structure.
MAXIMUM HEIGHT (For measuring height see Chapter 10-62 )
Principal uses, feet	35	4042	4042	40	5042	35	35	35	35	35	20
Accessory uses, feet, maximum height	35	40	40	40	50	35	35	35	3542	35	35
FENCES AND WALLS (Height in feet)43
Front and corner lots, feet44	0	0	0	5	0	0	0	0	5	4	5
Side and rear property lines, feet 45,46,47,48	6	6	6	6	8	6	6	6	6	6	6
DENSITY
Maximum residential density (unit/ac) 48	NA	NA	NA	NA	NA	.5/1 ac	NA	NA	1/40 ac	1/40 ac	1/40 ac

REFERENCE LEGEND FOR ZONING DISTRICTS

CC, Commercial City Center PUB, Public

CG, Commercial General REC, Recreation

CGC, Commercial General Cluster A, Agricultural

HT, Historic Tourism FR, Forest Recreation

RPD, Recreational Planned Development OSC, Open Space Conservation

IND, Industrial

38 The Planning Commission may consider reduction of this by not more than 25% provided the proponent’s provides landscaping with at least 50% more plants and at least 50% increase in plant size than required for the separation of street and parking.

39 See section 10-39-12 for additional parking setback regulations.

40 See section 10-38-4F

41 For agricultural buildings and structures only. Does not include fields and pastures.

42 Heights over the feet listed may be permitted subject to approval of a conditional use permit.

43 No fence shall exceed 3 feet in height within the site distance triangle.

44 Razor wire, barbed wire (except for livestock fences), or other security features shall not be allowed in the front setback.

45 Razor wire, barbed wire (except for livestock fences), or other security features shall be positioned facing into the property and shall not cross or extend over property lines.

46 Three strand security wire at top of fence. Must be vertical or angled inwards to the property. Must be approved by the City Manager on the basis of the security purpose; property protection inventory protection; personnel security. No permitted for undeveloped land.

47 All residential uses require approval of a conditional use permit.

48 No fence shall exceed 6 feet in height when abutting residential uses.

10-18-2: HEIGHT:

The maximum height standards of Table 10-18-1 apply to all primary and accessory uses allowed within commercial and industrial districts, except that the following may exceed the stated limits: water towers; utility poles; solar collectors, louvers and reflectors; penthouse structures for elevators, stairways, HVAC facilities or similar equipment; skylights; steeples; flagpoles; chimneys; silos; barns; sport towers, amusement rides, or other similar structures. (Ord. 2019-04, 10-16-2019)

Category

Category	Description (Excerpt)	Residential Zoning Districts
Category	Description (Excerpt)	RCA	RA C-5	RO S 1	ROS 1/2	RSF
Residential Uses
Group Living Refer to Sec. 10-7-1	Assisted Living Center2	No3	No5	No5	No5	C
	Nursing Home, Convalescent Home4	No5	No5	No5	No5	C
	Group Homes4	C5	C5	C5	C5	C5
	Other types of occupancy of a structure where the occupancy exceeds the maximum occupancy allowed by the base zoning district where care, training, or treatment IS provided on site.4	No5	No5	No5	No5	C5
	Dormitories, Fraternities, Sororities4	No5	No5	No5	No5	No5
	Other types of occupancy of a structure where the occupancy exceeds the maximum occupancy allowed by the base zoning district where care, training, or treatment IS NOT provided on site.4	No5	No5	No5	No5	v
Multifamily Living Refer to Sec. 10-7-2	Occupancy of an attached dwelling unit by a family or by no more than 4 unrelated persons which is attached to dwelling units of a not-to exceed total of two (2), three (3), or four (4) dwellings.	No	No	No	No	C
Single Family Living Refer to Sec. 10-7-3	Residential occupancy of a dwelling unit on one lot by a family or no more than 3 unrelated persons	P	P	P	P	P
Institutional Uses
College, University, Technical Refer to Sec. 10-10-1	Colleges and other institutions of higher learning that offer courses of general or specialized study leading to a degree	No	No	No	No	C
College, University, Technical Refer to Sec. 10-10-1	Trade, vocational, or commercial schools	No	No	No	No	C
Community Services Refer to Sec. 10-10-2	Uses of a public, nonprofit, or charitable nature generally providing a local service to people of the community	No	No	No	No	C
Family Day Care4 Refer to Sec. 10-10-3	Uses providing care, protection and supervision for children or adults on a regular basis away from their primary residence for less than 24 hours per day. For more than 24 hour care, a use permit is required for both categories	P	P	P	P	P
Family Group Care5		C	C	C	C	C
Commercial Day Care	10 or more clients	No	No	No	No	No
Hospital Refer to Sec. 10-10-4	Uses providing medical or surgical care to patients and offering overnight care	No	C	C	C	C
Hospital Refer to Sec. 10-10-4	Nursing home	No	C	C	C	C
Parks and Open Areas Refer to Sec. 10-10-5	Uses of land focusing on natural areas, large areas consisting mostly of vegetative landscaping or outdoor recreation, community gardens, or public squares	C	C	C	P	P
Religious Institutions Refer to Sec. 10-10-6	Uses providing meeting areas for religious activities	C	P	P	P	P
Safety Service Refer to Sec. 10-10-7	Uses that provide public safety and emergency response services	No	C	C	C	C
Schools Refer to Sec. 10-10-8	Public schools at the primary, elementary, middle, junior high, or high school level that provide state-mandated basic education	State law supersedes local zoning regulations
	Private schools at the primary, elementary, middle, junior high, or high school level that provide state-mandated basic education	No	C	C	C	C
	Preschool	No	C	C	C	C
Telecommu nication Facilities Refer to Sec. 10-10-10	Wireless Telecommunication Facilities: Commercial and private wireless telecommunication facilities, such as “cellular” or PCS (personal communications and paging facilities or others as regulated by Chapter 10-45	C	C	C	C	C
	Radio, television, or microwave towers	No	No	No	No	No
	Amateur radio towers of 50’ or less in height above the average elevation of the subject property	No	P6	P6	P6	P6
	All other telecommunication facilities as defined by Sec. 10-10-10 and not regulated by Chapter 10-45	No	No	No	No	No
Utilities, basic service delivery and laterals7 Refer to Sec. 10-10-9	Infrastructure services that need to be located in or near the area where the service is provided; physical facilities or structures that are more than thirty-six inches in height above ground surface or more than a four square feet footprint	C	C	C	C	C
Utilities, distribution network	Neighborhood or area distribution network, above ground power lines of less than 120 kilovolts	C	C	C	C	C
Utilities, structures, physical facilities	Regional, intracity, intercity, or interstate distribution lines; above ground power of 120 kilovolts or more; power distribution by nonfranchised power company; physical facilities or structures that are more than thirty six inches in height above ground surface or more than a four square feet footprint.	C	C	C	C	C
Utilities, structures, physical facilities	Municipal water well, reservoir, or storage tank	C	C	C	C	C
Commercial Uses
Office Refer to Sec. 10-8-2	Activities conducted in an office setting and generally focusing on business, government, professional, medical, or financial services	No	No	No	No	No
	Bank, savings and loans, or credit union	No	No	No	No	No
	Clinic, medical, dental, or optical	No	No	No	No	No
	Laboratory, scientific or research	No	No	No	No	No
	Wholesale office	No	No	No	No	No
Accommod a-tions, Lodging, Bed and Breakfast	Bed and breakfast: ten or fewer rooms and meal service limited to guests.8 Sleeping accommodations for transient occupancy	C9	C9	C9	C9	C9
Accommod a-tions, Lodging, Bed and Breakfast	Hotel, Motel	No	No	No	No	No
Parking, Commercial	Facilities providing parking that is not accessory to a specific use; public or private	No	No	No	No	No
	Recreational vehicle and vehicle storage parking	No	No	No	No	No
	Truck storage, outdoor	No	No	No	No	No
Recreation and Entertainment Outdoor facility Refer to Sec. 10-8-3	Generally commercial uses that provide recreation or entertainment-oriented activities, primarily takes place outdoors	No	C	C	C	C
	Golf course	C	C	C	C	C
	RV Parks short term occupancy (less than 30 calendar days)	No	No	No	No	No
	RV Parks long term occupancy (more than 30 calendar days)	No	No	No	No	No
	Non-vehicle camping (tents) in RV Park	No	No	No	No	No
	Tent campground	No	No	No	No	No
	Miniature golf course and accessory recreation	No	No	No	No	No
Sales and Service Refer to Sec. 10-8-4	Firms involved in the sale, lease or rent of new or used products to the general public…they may also provide personal services or entertainment, or provide product repair or services for consumer and business goods	No	No	No	No	No
	Sales and service, large, footprint greater than 100,000 sq. ft.	No	No	No	No	No
	Adult oriented business9	No	No	No	No	No
	Amusement, commercial indoor	No	No	No	No	No
	Animal clinic or pet hospital, no outdoor pens	No	No	No	No	No
	Animal clinic or pet hospital, with outdoor pens	No	No	No	No	No
	Antique or collectible shop	No	No	No	No	No
	Art supply store	No	No	No	No	No
	Barber or beauty shop	No	No	No	No	No
	Bakery or confectionery shop, retail sales	No	No	No	No	No
	Camera shop	No	No	No	No	No
	Camping supply store in RV Park	No	No	No	No	No
	Carwash	No	No	No	No	No
	Clothing	No	No	No	No	No
	Club, private	No	No	No	No	No
	Convenience store	No	No	No	No	No
	Dairy products or ice cream	No	No	No	No	No
	Dancehall or nightclub	No	No	No	No	No
	Department or discount store	No	No	No	No	No
	Drug store or pharmacy	No	No	No	No	No
	Dry cleaner	No	No	No	No	No
	Florist shop	No	No	No	No	No
	Furniture or appliance store	No	No	No	No	No
	Garden shop, plant sales, nursery	No	No	No	No	No
	Grocery store	No	No	No	No	No
	Handicraft and art object sale	No	No	No	No	No
	Hardware store	No	No	No	No	No
	Hobby shop	No	No	No	No	No
	Kennel	No	No	No	No	No
	Laundromat	No	No	No	No	No
	Lithographer or print shop	No	No	No	No	No
	Locksmith or key shop	No	No	No	No	No
	Maintenance or repair service for buildings	No	No	No	No	No
	Medical clinics and medical equipment	No	No	No	No	No
	Mortuary	No	No	No	No	No
	Music store	No	No	No	No	No
	Package liquor store	No	No	No	No	No
	Paint sales	No	No	No	No	No
	Pawn shop	No	No	No	No	No
	Personal custom services such as milliner, tailor, etc.	No	No	No	No	No
	Pet shop for small animals, bird, fish	No	No	No	No	No
	Plumbing shop	No	No	No	No	No
	Provisioning and recreational sporting goods sales	No	No	No	No	No
	Radio or television transmitting stations, commercial	No	No	No	No	No
	Railroad or bus passenger station	No	No	No	No	No
	Repair of appliances, TV, radios	No	No	No	No	No
	Restaurant or cafeteria	No	No	No	No	No
	Shoe, boot, saddle, or other leather goods sale and repair	No	No	No	No	No
	Storage warehouse	No	No	No	No	No
	Studio, decorator, and display	No	No	No	No	No
	Studio, health, exercise, massage, reducing or similar service	No	No	No	No	No
	Studio, photographer, artist, music, dance, and drama	No	No	No	No	No
	Tavern	No	No	No	No	No
	Tennis or swim club, private	C	C	C	C	C
	Theaters	No	No	No	No	No
	Trailer and mobile home sales	No	No	No	No	No
	Vehicle parts sales, new or reconditioned, indoor	No	No	No	No	No
	Vehicle parts sales, used or reconditioned, outdoor	No	No	No	No	No
	Vehicle sales	No	No	No	No	No
	Welding or machine shop	No	No	No	No	No
Storage, Self-Service Refer to Sec.10-8-5	Uses providing storage areas for individual or business uses	No	No	No	No	No
Storage, Self-Service Refer to Sec.10-8-5	Commercial storage unit	No	No	No	No	No
Storage, Outdoor Refer to Sec. 10-8-6	Non-retail or industrial trade, the storage of merchandise inventory, and the storage of bulk materials such as sand, gravel, and other building materials	No10
Vehicle Repair Refer to Sec. 10-8-7	Service to passenger vehicles, light and medium trucks and other motor vehicles such as motorcycles, boats and recreational vehicles…generally, the customer does not wait at the site while the service or repair is being performed	No	No	No	No	No
Vehicle Service Refer to Sec. 10-8-8	Services to motor vehicles where the driver or passengers generally wait in the car or nearby while the service is performed	No	No	No	No	No
	Gasoline service station	No	No	No	No	No
	Gasoline, petroleum products storage (home heating exempt) (See Uniform Fire Code Section 7902)	No	No	No	No	No
	Truck Stop	No	No	No	No	No
Industrial Uses
Industrial Service Refer to Sec. 10-9-1	Firms engaged in the repair or servicing of business or consumer machinery, equipment, products or by-products	No	No	No	No	No
	Industrial machinery storage, sales, repair	No	No	No	No	No
	Contractor supply store	No	No	No	No	No
	Contractor supply store with outdoor storage	No	No	No	No	No
Manufactur- ing, Assembly, or Production Refer to Sec. 10-9-2	Firms involved in the manufacturing, processing, fabrication, packaging, or assembly of goods	No	No	No	No	No
	Light manufacturing processes which do not emit detectable dust, odor, fumes, or gas beyond the boundary of the property of noises above the ambient level	No	No	No	No	No
Warehouse, Freight Movement Refer to Sec. 10-9-3	Firms involved in the storage, or movement of goods for themselves of other firms	No	No	No	No	No
	Contractors storage yard of heavy equipment	No	No	No	No	No
	Lumberyard	No	No	No	No	No
	Storage of sand, gravel, earth or stone	No	No	No	No	No
Waste Management	Uses that receive solid or liquid wastes from others for disposal on the site or for transfer to another location, uses that collect sanitary wastes, or uses that manufacture or produce goods or energy from the composting of organic material	No	No	No	No	No
	Recycling drop off containers	No	No	No	No	No
	Wrecking or salvage yards	No	No	No	No	No
Wholesale Sales and Service Refer to Sec. 10-9-4	Firms involved in the sale, lease, or rent of products primarily intended for industrial, institutional, or commercial businesses	No	No	No	No	No
Other Uses
Agriculture Refer to Sec. 10-11-1	Activities that primarily involve raising, producing or keeping crops or animals	P	No11	No15	No15	No1 5
Agriculture Refer to Sec. 10-11-1	Gardening – The cultivation or care of fruits, vegetables or flowers for non commercial purposes.	P	P	P	P	P
Animal Slaughterin g and/or Processing		No	No	No	No	No
Passenger Terminals	Facilities for the landing and takeoff of flying equipment, arrival and departure of vehicles, including loading and unloading areas for passengers, cargo, or freight	No	No	No	No	No
Detention Facilities	Facilities for the judicially required detention or incarceration of people	No	No	No	No	No
Residential Programs for Drug & Alcohol Treatment		No	No	No	No	No
Alternative or Post Incarceration Facilities		No	No	No	No	No
Mineral Resource Production, Processing, Storage	Mining or extraction of mineral or aggregate resources from the ground for off-site use	No	No	No	No	No
Family Food Production	Keeping of animals for food or recreation	P	P	P	P	P
Rail Lines	Railroad tracks and lines for the movement of trains	C	C	C	C	C

2 For specific development regulations regarding structures where the occupancy exceeds the maximum occupancy allowed by the base zoning district see section 10-7-10D.

3 Except for group living uses for which State or Federal preemption may require approval in this district.

4 “Family Caregiver” as defined by State law and administrative regulations. The maximum number of clients (children or elder) in a family daycare are as established by the state. In 2000, the number was eight (with no more than two being under the age of 2). If State regulations change this number; this code is to reflect current State law or regulations.

4 “Family Caregiver” as defined by State law and administrative regulations. The maximum number of clients (children or elder) in a family daycare are as established by the state. In 2000, the number was eight (with no more than two being under the age of 2). If State regulations change this number; this code is to reflect current State law or regulations.

5 Family Group Daycare as defined by State law and administrative regulations. In 2000, the maximum number of clients was sixteen persons (no more than four under the age of 2) with two caregivers onsite. This category, however in this Title does not establish a maximum number of clients. The maximum is to be determined as a part of the conditional use permit review process.

5 Family Group Daycare as defined by State law and administrative regulations. In 2000, the maximum number of clients was sixteen persons (no more than four under the age of 2) with two caregivers onsite. This category, however in this Title does not establish a maximum number of clients. The maximum is to be determined as a part of the conditional use permit review process.

6 Amateur radio towers of more than 50’ (retracted height for retractable antenna) above average elevation of the subject property require a conditional use permit.

7 Above and below ground facilities or lines to connect to and from the distribution system for individual development.

8 The number of guest rooms for bed and breakfast shall be dictated by available conforming parking, or parking as otherwise approved in the conditional use permit.

9 Refer to definition in Chapter 10-62.

10 Outdoor storage of agriculture materials, and equipment is allowed except in the front yard, when associated agricultural uses of same property.

11 Legally existing nonconforming agricultural uses are permitted to continue under the provisions of Chapter 10-59.

“P” means the residential structure type is permitted in the zoning district.

REFERENCE LEGEND FOR ZONING DISTRICTS

RCA, Residential Critical Area

RAC-5 Residential Agriculture Cluster

ROS 1 Residential Open Space 1 Acre

ROS 1/2 Residential Open Space ½ Acre

RSF Residential Single Family 12,000 sf

12 All manufactured homes shall be certified as a Utah Class A manufactured home and installed on a permanent foundation in conformance with applicable building codes and state law.

Residential Site Development Standards

Residential Site Development Standards
	RCA	RAC- 5 (5 ac.)	ROS 1 (1 ac)	ROS 1/2 (1/2 ac)	RSF (12k sf)
LOT REQUIREMENTS
Minimum lot area for single family dwelling after open space and critical land set-aside	20,000 sf	20,000 sf	12,000 sf	12,000 sf	12,000 sf
Minimum lot size per dwelling unit with approved multifamily after open space and critical land set-a-side (see 10-41-2 )	N	N	N	N	6,000 sf /D.U.
DENSITY Maximum dwelling units per acre1	.40	.18	.86	1.80	2.85
Residential Site Development Standards
	RCA	RAC- 5 (5 ac.)	ROS 1 (1 ac)	ROS 1/2 (1/2 ac)	RSF (12k sf)
LOT CONFIGURATIONS
Coverage (max.), total footprints of buildings	25%	25%	25%	35%	35%
Width (min.) in feet at the front property line. Width of lot not to be less than minimum from front property line to front of primary structure (see 10-62 Lot – width)	100	100	100	82.5	82.5
Width, corner lot, in feet at the front setback2	120	120	120	100	90
Width (min.) at front property line on cul-de-sacs	70	70	70	60	60
Non-residential buildings approved with a C.U.P.	Size, footprint, square footage shall comply with underlying zones.
OPEN SPACE REQUIREMENTS
Set-aside for open space and/or critical lands (min)	50%	50%	40%	35%	015A
Useable open space per lot (min). Open space from set aside may be used for all or part of this requirement.	30%	30%	30%	30%	30%
PARKING AND LANDSCAPING
Parking requirement, Space per unit (Refer to Figure 10-39-12-B Parking Separation)	2.0	2.0	2.0	2.0	2.0
Parking lot interior landscaping required (multifamily only)	Yes	Yes	Yes	Yes	Yes
DESIGN REVIEW3	N15	N15	N15	N15	N15
16 Distances shown in feet from property line unless noted
SETBACKS
Primary Uses
Front yard, feet from property line	20	30	30	30	30
Front yard for lots with multiple street frontage other than a declared “front” (corner lots)	20	20	20	20	20
Side yard (porches, decks, overhangs – setbacks are 5’)	10	10	10	10	10
Residential Site Development Standards
	RCA	RAC- 5 (5 ac.)	ROS 1 (1 ac)	ROS 1/2 (1/2 ac)	RSF (12k sf)
Side yard for garage if set back 35’ beyond front plane of house may be (in feet)17	10	10	10	10	10
Front yard for front porches	20	20	20	20	20
Rear yard	30	30	30	30	30
Setback from US Highway 89/91	150	150	150	150	150
Accessory Uses	Distances shown in feet from property line unless noted
Front yard	10 feet behind deepest portion of front plane of primary structure.
Side yard if building height6 is 12' or less. A lean-to structure may be added to an accessory building with this sideyard setback if the height of the lean-to, only, Is 12' feet or less,(see 10.62.1 for definition of structure, lean-to)	5	5	5	5	2
Side yard if building height is greater than 12', setback shall be at least one half of the building height. Building height measured from grade to mid-point of roof height.	one half bldg. ht..	one half bldg. ht.	one half bldg. ht.	one half bldg. ht.	one half bldg. ht.
Distance between accessory structure and primary structure	6	6	6	6	6
Driveway setback from side property line (in feet from property line)7	10	10	10	2	2
Rear yard	10	10	10	10	10
Setback from US Highway 89/91	150	150	150	150	150
HEIGHT8
Principal structures, feet not to exceed	35	35	35	35	35
Accessory structures, feet not to exceed	25	309	3021	25	25
FENCES10, WALLS, and RETAINING WALLS	Height shown in feet measured from the low point of grade
Front yard, feet within minimum setback (no chain link) see 10.44.2.1.to determine height allowed.	3 or 4	3 or 4	3 or 4	3 or 4	3 or 4
Lots with side and rear street frontage, feet within minimum setback	3	3	3	3	3
Within sight distance triangle along any side of property	3 or 4	3 or 4	3 or 4	3 or 4	3 or 4
Residential Site Development Standards
	RCA	RAC- 5 (5 ac.)	ROS 1 (1 ac)	ROS 1/2 (1/2 ac)	RSF (12k sf)
Lots with side and rear street frontage, feet, 12’ from right-of-way23	6	6	6	6	6
Rear yard	6	6	6	6	6
Side yard (front setback excluded)	6	6	6	6	6
Fences for privacy and security between property and side setback24	6	6	6	6	6
Fences for privacy and security within setback lines25	6	6	6	6	6
Fences constructed on retaining walls within front setback26 (total height of fence and wall not to exceed)	3 or 4	3 or 4	3 or 4	3 or 4	3 or 4

REFERENCE LEGEND FOR ZONING DISTRICTS

RCA, Residential Critical Area

RAC-5 Residential Agriculture Cluster

ROS 1 Residential Open Space 1 Acre

ROS 1/2 Residential Open Space ½ Acre

RSF Residential Single Family 12,000 sf

13 Density calculated using total acreage less Critical lands.

14 At least one of the street frontages shall be equal to or greater than the corner frontage width; the other frontage shall be equal to or greater than the standard street frontage width.

15 Required for individual single family dwellings located above 5000’ elevation.

15A 30% open space is required for subdivisions with 10 lots or more or developments with 10 units or more (Table 10.35.030).

16 Standard setbacks apply to the perimeter lot boundaries prior to subdivision for planned development. The interior setbacks on lots within planned developments shall be as approved by the Planning Commission on the approved site plan. Standard setbacks shall apply to public roads within planned developments. The Planning Commission may allow other than standard setbacks if it substantiates a finding that the road is classified as a “local street” and is not a through road.

16 Standard setbacks apply to the perimeter lot boundaries prior to subdivision for planned development. The interior setbacks on lots within planned developments shall be as approved by the Planning Commission on the approved site plan. Standard setbacks shall apply to public roads within planned developments. The Planning Commission may allow other than standard setbacks if it substantiates a finding that the road is classified as a “local street” and is not a through road.

17 Applies only to new construction.

18 If the side yard is adjacent to a street, the accessory structure must be a minimum of 20’ away from the street side property line.

19 Driveway setback may be 2’ at the front setback line and beyond.

20 All heights measured at mid gable or mid slope if shed roof

20 All heights measured at mid gable or mid slope if shed roof (see “height” 10.62 Definitions).

21 Agricultural uses, such as silos, grain storage, and other agriculture buildings may exceed with the approval of the Building Inspector and Fire Chief.

22 Maximum fence height in feet from lowest side of the fence ground surface; and also subject to the standards of 10-44-2.

23 Landscaping shall be planted and maintained between the fence and the right-of-way line by owner or home owners association.

24 Fences over 6’ high require a building permit.

25 Fences surrounding tennis courts may be 10’ high with approval of a design review permit

26 Height measured from the low side of the retaining wall to top of fence. Combined height shall not exceed allowed height (see 10.44.2.1 to determine total height allowed).

Category

28 For specific development regulations regarding structures where the occupancy exceeds the maximum occupancy allowed by the base zoning district see section 10-7-1D.

29 New residential living (including the addition of dwelling units) is conditionally permitted only when floor space adjacent to the street or front of the building is comprised of commercial uses; the residential use is limited to space within the building or internal to the project. Renovation of existing residential properties does not require a Conditional Use Permit so long as the number of residential units(s) does not increase beyond the number that currently exists.

30 “Family Caregiver” as defined by State law and administrative regulations. The maximum number of clients (children or elder) in a family daycare are as established by the State. In 2000, the number was eight (with no more than two being under the age of 2). If State regulations change this number; this code is to reflect current State law or regulations.

31 Family Group Day Care as defined by State law and administrative regulations. In 2000, the maximum number of clients was sixteen persons (no more than four under the age of 2) with two caregivers onsite. This category, however in this Title does not establish a maximum number of clients. The maximum is to be determined as a part of the Use Permit review process.

32 Uses providing care, protection, and education for children on a regular basis away from primary residence for less than 24 hours per day.

33 monopoles only.

34 No more than 15% of industrial and manufacturing space shall be used for any combination of retail sales, showroom, or office space. Items offered for sale must be manufactured in the respective industrial facilities.

35 The preparation of products, including laboratories, related to medical, dental, or optical use.

36 An office for a business that is a wholesale business is permitted as an “office,” but the warehousing of products, storage of inventory, or similar warehousing uses are not permitted.

37 Does not include overnight recreational use.

(Ord. 2019-04, 10-16-2019; amd. Ord. 2022-09, 7-20-2022)