1. The real property and the dwellings thereon shall be held in common ownership and taxed as real property.

2. Dwellings shall be attached to a foundation in accordance with plans prepared by a registered engineer providing for vertical loads, uplift, and lateral forces and frost protection in compliance with the International Building Code.

3. Dwellings shall be permanently connected to and approved for all required utilities.

4. For purposes of this subsection, the definition of “facade” means all exterior walls.

1. Except as otherwise specifically provided in this title, no single-family dwelling in any zone shall exceed the following standards:

2. Roof structures for the housing of elevators, stairways, ventilating fans or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, shade structures (awnings, fabric roof coverings, wood and metal open frame structures, etc.), towers (where required by city ordinances), flagpoles, chimneys, stealth wireless or television installations, theater lofts, solar panels, may be erected above the height limits prescribed in this chapter, but no space above the height limit shall be allowed for the purpose of providing additional habitable floor space.

3. No such structures except towers, parapet walls, and solar panels may be located closer than 10 feet to edge of the building. The maximum increase in height for the above features shall be 12 feet.

1. Every part of a required yard shall be open to the sky, unobstructed except for accessory building in a rear yard, and except for the ordinary projections of skylights, sills, belt courses, bay windows, and other ornamental features.

2. Open or lattice-enclosed fire escapes, fireproof outside stairways, and balconies opening upon fire towers projecting into a yard not more than five feet; and the ordinary projections of chimneys and flues are permitted.

3. Architectural features shall be allowed to project into required rear yards but not closer than 10 feet from rear property line including, but not limited to, patio coverings, decks and balconies.

1. In any R zone where the average depth of at least two existing front yards on lots within 100 feet of the lot in question and within the same block is less than the least front yard depth prescribed for said R zone, the front yard of such lot may be reduced to the average depth of the existing front yards within 100 feet of the lot in question, or the average depth of existing front yards of the two lots immediately adjoining, or, in the case of a corner lot, the depth of the front yard on the lot immediately adjoining, and facing on the same street as the lot in question.

2. A side yard along the side street lot line of a corner lot, which abuts in the rear the side lot line of another lot in an R zone, shall have a width of not less than one-half of the required depth of the front yard on such other lot fronting the side street.

1. Driveways that allow vehicles to avoid backing out onto major collector and arterial streets are required.

2. Front yard setbacks along arterial streets, for building purposes, shall be determined from the proposed ultimate width of the arterial street. [Ord. 11-07-2023A § 1 (Exh. A); Ord. 12-21-2021A § 1 (Exh. A); Ord. 08-17-2021B § 2 (Exh. A)].

1. All accessory buildings shall not be located in the front yard.

2. Accessory buildings located in the rear yard shall be located at least 15 feet from any dwelling structure on an adjacent lot.

3. Any accessory building attached to the main building shall be made structurally a part of the main building and shall comply in all respects with the requirements of all ordinances applicable to the main building. If an accessory building is attached to the main building, it is no longer an accessory building. It is a portion of the main building and all setbacks for the structure must be maintained.

4. Accessory buildings in any zone shall occupy no more than 10 percent of the total lot area and shall be separated from the main building by not less than five feet. If there is more than one accessory building on a lot, the combined area of all accessory buildings shall occupy no more than 10 percent of the total lot.

5. Accessory buildings on a lot of less than 21,780 square feet (one-half acre) shall have a maximum height of 18 feet or less than the residential dwelling on the same lot, whichever is less.

6. The maximum height for accessory buildings on lots 21,780 square feet or greater is 25 feet.

7. All accessory buildings that are more than 1,500 square feet no matter the size of the lot shall require a conditional use permit.

8. The side yard setback for all accessory buildings in the rear yard shall be five feet. The following setbacks from the rear property line shall apply for all accessory buildings. See subsection (A)(9) of this section for minimum setbacks of accessory buildings located in the side yard.

a. Wall heights for accessory buildings are measured from the ground level to the highest point of the wall including the gables as shown in Figure 17.70.030-1.

9. An accessory building may protrude into the side yard of the residential dwelling but shall maintain the side yard setback of the residential dwelling and maintain a similar appearance of the house in color and materials.

a. Accessory buildings that are less than 200 square feet and are located 10 feet behind the defined front yard depth (see Figure 17.70.030-2) are exempt from design standards as outlined in WPCC 17.70.020(B).

10. Living space in any accessory building may be permitted as regulated in WPCC 17.70.060.

11. Accessory buildings on a vacant lot shall not be allowed except in agricultural zones.

1. Temporary carports, tents or similar items are often made out of metal, canvas, or other fabric material with pole support structures. All temporary enclosures of this nature shall:

2. Carports, shed roofs, or similar structures which are attached to a residence are additions to the principal structure and must meet all required side, front, and rear setbacks established by the zone. Additions require a building permit.

3. Shipping containers, semitrailers, boxcars, portable on-demand storage (PODS) or similar structures are not allowed in any residential zones other than for the temporary purposes of moving, construction and remodeling.

4. Swimming Pools or Tanks, Private. No swimming pool or tank shall be allowed in any R zone except as an accessory use and unless it complies with the following conditions and requirements:

1. A combination of at least two different types of “mulch” materials must be used such as artificial turf, rock of different sizes and colors, or wood chips.

2. Live Vegetation. The following standards for live vegetation shall be considered the minimum requirement:

3. Trees. Trees that are used in the calculation for live vegetation shall meet the following minimum size requirement:

1. ADU (Internal). “Internal ADU” means an ADU created (a) within a primary dwelling unit; (b) within the footprint of the primary dwelling unit at the time the internal ADU is created; and (c) for the purpose of offering a long-term rental of 30 consecutive days or longer. Internal ADUs must meet the standards in Utah Code § 10-9a-530.

2. ADU (Detached). “Detached ADU” means an ADU located in an accessory building on the property and not attached to or within the principal dwelling unit.

3. ADU (Attached). “Attached ADU” means a new ADU is constructed as a physical expansion (i.e., addition) of the primary dwelling and is attached to the single-family dwelling unit by one or more common walls.

1. ADU permit application shall be required for all internal, attached, and detached units. Only applications deemed complete by the community development director or designee will be processed. Complete applications include appropriate application forms reflecting the standards of the city, plans, texts, and signatures as required on the form available in the community development department and on the city’s website. A letter or email confirming the completeness of the application may be requested by the applicant. All applications shall be accompanied by the appropriate fee as established from time to time by resolution of the city council.

2. Only one ADU per property is permitted.

3. ADUs shall meet all building codes and obtain all required permits prior to occupancy of the ADU.

4. The applicant shall have a fee simple title to the property.

5. The ADU shall have a separate entrance that faces away from the street and that does not disrupt the single-family appearance of the existing structure.

6. The ADU shall have a minimum of one bedroom and a three-quarter bath.

7. The ADU shall have a kitchen.

8. No vehicles shall be parked on the front lawn or other landscaped areas.

9. The property shall be neatly maintained and shall meet all current codes regarding property maintenance and public health standards.

10. The applicant has not been notified or fined by the city for any code violations relating to this property or any other property within the previous 12 months.

11. Owner Occupancy. The city shall only permit an accessory dwelling unit when an owner occupant lives on the property within either the principal or accessory dwelling unit. Owner occupancy shall not be required when:

12. The ADU must be rented for periods of 30 consecutive days or more.

13. All ADUs shall connect to the same (water, gas, sewer, etc.) utility lines as the primary dwelling.

1. Internal ADUs shall maintain the outward appearance of a single-family residence, so that the appearance is not altered in a manner to appear as a duplex with such features as two front doors and two garages or carports facing the street.

1. Attached ADUs shall maintain the outward appearance of a single-family residence, so that the appearance is not altered in a manner to appear as a duplex with such features as two front doors and two garages or carports facing the street.

2. The total area of an attached ADU shall not exceed 50 percent of the square footage of the habitable area of the building footprint of the primary residence and in no case exceed 800 square feet.

1. Detached ADUs shall be placed on a permanent foundation.

2. Detached ADUs shall have a similar appearance as the primary unit.

3. Detached ADUs may not be built within a recorded easement.

4. For detached ADUs, the maximum size limit shall be based on the minimum lot size as specified in Table 17.70.060-1.

5. Mobile homes, recreational vehicles, or shipping containers shall not be considered a detached ADU.

6. An ADU shall not be sold separately or subdivided from the principal dwelling unit or lot unless compliant with subdivision regulations.

7. Detached ADUs shall follow the same regulations for lot coverage as outlined in WPCC 17.70.030(A)(4).

8. No basements are allowed in detached ADUs.

9. Fire Regulations.

1. Two recreational vehicles may be placed within an enclosed structure lawfully existing on the premises.

2. One recreational vehicle may be placed on a lot in an A or R zone; provided, that on corner lots it shall not be located within 10 feet of the side property line adjacent to the street; and provided, that it shall not be occupied for residential purposes.

3. Unlawful parking of boats and trailers – see WPCC 10.05.050(N). [Ord. 08-17-2021B § 2 (Exh. A)].

1. The quantity of animals permitted on a property shall be determined on the basis of 100 animal points per vacant acre (e.g., 0.50 acres x 100 = 50 animal points; 1.45 acres x 100 = 145 animal points).

2. Vacant acreage on properties with nonagricultural uses is determined by the following: Residential properties shall deduct 0.20 acres (approximately 8,700 square feet) per unit from the total acreage before calculating the animal allowance (e.g., (0.50 acres – 0.20 acres) x 100 = 30 animal points; (1.45 acres – 0.20 acres) x 100 = 125 points). All other properties shall deduct the exact amount of acreage not being used for animal production before calculating the animal allowance.

3. Commercial agricultural operations shall only be permitted in A-40 and A-5 zones. Intensive commercial agricultural operations, such as feed lots, shall only be permitted by an administrative conditional use with a minimum lot size of five acres.

1. Animal enclosures: barns, coops, stables, and other structures for the care and keeping of livestock and/or fowl that exceed 120 square feet shall be permitted in all zones where livestock and/or fowl are permitted; provided, that all such structures are located at least 75 feet from the street and 150 feet from the nearest dwelling on adjacent lots. All structures to be constructed in accordance with the building codes of West Point City.

2. Animal enclosures: barns, coops, stables, and other structures for the care and keeping of livestock and/or fowl that do not exceed 120 square feet shall be permitted in all zones where livestock and/or fowl are permitted; provided, that all structures are at least 50 feet from any public or private street and 50 feet from the nearest dwelling on adjacent lots. These structures shall be placed at least 10 feet from all property lines. All structures shall be constructed in accordance with the building codes of West Point City.

3. Feed yards and the keeping of pigs shall be at least 200 feet from all dwellings on adjacent lots. If adjacent lots are vacant then they shall be kept no closer than 30 feet to the side yard or rear property lines.

1. Application. All beekeepers of any hives located in all residential zones must submit a fee application to the city for verification that all the requirements have been met.

2. Number of Hives. There is no defined maximum number of hives for properties in the A-5 and A-40 zones. It is unlawful for any hive(s) to be located on properties under 8,000 square feet. For properties with detached residential dwellings (single-family lots) and vacant properties, two hives may be kept on properties greater than 8,000 square feet in size. Three additional hives may be kept for each 10,890 square feet (one-quarter acre) of property but shall not exceed 10 hives in residential zones.

3. Placement of Hives.

4. Flyways. In each instance in which any hive is situated closer than 25 feet to a public or private property line as measured from the nearest point on the hive to the property line, the beekeeper shall establish and maintain a flyway barrier at least six feet in height consisting of a solid wall, fence, dense vegetation or combination thereof that is parallel to the property line and extends 10 feet beyond the colony in each direction so that all bees are forced to fly at an elevation of at least six feet above ground level over the property lines in the vicinity of the apiary.

5. Water. Each beekeeper shall ensure that a convenient source of water is available to the bees at all times during the year so that the bees will not congregate at swimming pools, pet watering bowls, bird baths or other water sources where they may cause human, bird or domestic pet contact.

6. Compliance. It shall be unlawful for any beekeepers to keep any colony or colonies in such a manner or of such disposition as to cause any unhealthy condition, interfere with the normal use and enjoyment of human or animal life of others or interfere with the normal use and enjoyment of any public property or property of others. The beekeepers are expected to follow beekeeping best management practices such as disease control, hive management and working the hive at appropriate times. Bees and associated beehives may be ordered removed from property if they are determined to be a nuisance by West Point City or Davis County animal control officer.

7. State Registration. If required by the Utah Department of Agriculture. [Ord. 08-05-2025B § 1 (Exh. A); Ord. 01-07-2025A § 1; Ord. 11-01-2022A § 1; Ord. 08-17-2021B § 2 (Exh. A)].

1. Protection of irrigation access and maintenance of ditches and canals.

2. Safety and protection of the public from ditches, canals, ponds and drainage systems.

3. Livestock movement corridor protection and safety.

4. Fencing, access, livestock safety, farm equipment ingress and egress.

5. Erosion and soil protection and conservation concerns.

6. Drainage of subdivision areas and designs to minimize the discharge or impact to agricultural lands and soils.

7. Weeds, pest and household pet controls in subdivision areas.

8. Provisions, acknowledgments and understanding by new property owners of the right of agricultural activities’ work hours and that agricultural activities’ operations may contribute to objectionable noises and odors.

9. The need and requirement for screening provisions and landscaping to reduce noise or visual impacts for adjoining uses.

10. Any other provisions that the planning commission and city council consider necessary to protect the right for agricultural activities, operations and areas.

1. All uses must be operated so that all practical means are used to confine any noise, odor, dust, smoke, vibration or other similar feature to the premises upon which they are located.

2. Any light used to illuminate signs, parking areas, or for any other purpose shall be so arranged as to confine direct light beams to the lighted property by appropriate directional hooding. Low impact development – on-site drainage required. To the greatest extent possible drainage from roofs, and other hard surfaces shall be contained on the lot.

3. Secondary water irrigation is required.

4. Grading of any parcel of land for a permitted use where no bank of over eight feet in height is left standing and exposed or when less than 1,000 cubic yards of material are removed from or deposited on said parcel.

1. Hours of operation shall fall between 7:00 a.m. and 9:00 p.m. on any given day.

2. Coordination and permitting is required with the fire and health departments.

3. Location shall not interfere with traffic circulation on a site and shall not be located closer than 10 feet to any public right-of-way.

4. Temporary signs shall conform to the sign ordinance. [Ord. 08-17-2021B § 2 (Exh. A)].

1. Any use that requires or utilizes chemicals or hazardous materials in excess of volumes allowed by the International Fire Code in a dwelling;

2. Auto body or fender work;

3. Junkyards, storage or recycling yards;

4. Mortuaries and crematoriums;

5. Sexually oriented businesses;

6. Welding or machine shops.

1. The total number of home occupations conducted within a dwelling unit is not limited, except that the cumulative impact of all home occupations conducted within the dwelling unit or on the premises thereof shall not be greater than the impact of one home occupation.

2. The owner of the home occupation business must reside in the dwelling or be an immediate family member of the resident of the home, i.e., mother, father, son, daughter.

3. The use must follow all applicable state, county and city fire, building, plumbing, electrical, and health codes and/or ordinances.

4. The use must be inspected to determine continued compliance with the provisions of all state, county and city laws and/or ordinances.

5. The home occupation must be licensed as a valid business in West Point City.

6. Home occupation license fees shall be established as set forth in WPCC Title 5, Business Licenses and Regulations.

1. The use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes, and the appearance of the structure shall not be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, or the emission of sounds, noises, or vibrations.

2. No more than 300 square feet, or 20 percent of the gross floor area of the dwelling, may be used for home occupations. (The least restrictive shall apply.) Accessory buildings as allowed in the zoning may be used for home occupations as permitted but include no outside storage. Home occupations shall occupy no more than five percent of the lot area.

3. There shall be no signs present on the property except for one unlit wall sign, not to exceed two square feet, indicating the address and the occupant’s name/business, for example, “John Doe – Accountant.”

4. There shall not be conducted on the premises the business of selling stocks of merchandise, supplies, or products; provided, that incidental retail sales may be made in connection with other permitted home occupations, for example, a single-chair beauty parlor would be allowed to sell combs, hair spray, and other miscellaneous items to customers. However, a dressmaker would be required to do only custom work for specific clients and would not be allowed to develop stocks of dresses for sale to the general public on site.

5. Parties for the purpose of selling merchandise or taking orders shall not be held more often than four times each month.

6. Notwithstanding any provision contained herein to the contrary, garage, basement, yard, or other similar sales shall be permitted, without a permit, not more than twice a year, and each sale shall not last more than two consecutive days.

7. Two vehicles, including trailers and/or equipment, may be associated with the minor home occupation; however, only one vehicle/trailer/piece of equipment over 22 feet in length shall be used in a minor home occupation. Vehicles over 22 feet in length shall not be parked on the street nor within a yard abutting a street. Trailers/equipment shall not be parked in a yard abutting a street.

8. The use shall be conducted primarily within the dwelling site and carried on by up to one additional family member, not living in the home, and one nonfamily member employee.

9. A permit for a home occupation is valid for only the original applicant and is not transferable to any resident, address or any other occupation. Upon termination of the applicant’s residency, the home occupation permit shall become null and void. Permits shall be tracked through the required business license and renewed annually as set forth in WPCC 5.05.120.

10. Minor home occupations include, but are not necessarily limited to, the following: artists, authors, architectural services; single-chair beauty parlors and barber shops; consulting services, craft sales; organized classes such as dance, music, tutoring, etc. (provided the number of students is limited to two at a time); direct sales distribution; data processing, computer programming; home crafts (crafts will be sold off site); garden produce; janitorial; insurance sales or broker, interior design, small business contractors; mail order (not including retail sales from site); real estate sales or broker.

1. The use shall not generate pedestrian or vehicular traffic beyond that normal to the zone in which it is located.

2. Up to three commercial vehicles or trailers may be kept on site, provided they are parked on private property, out of the front yard, and adequately screened by a six-foot opaque fence. One vehicle, larger than one ton, may be considered, if parked in the back yard and screened with a six-foot opaque fence.

3. Up to 30 percent of the home or the entire accessory building may be used for the home occupation, except that preschools, instructional studios, and daycares, may increase this percentage to 50 percent of the home or 100 percent of a detached accessory building. No maximum square footage applies, except in the case of an accessory building, which is regulated by the size of the lot.

4. Preschool home occupations shall have a play area, fenced from the street and a fire inspection performed to ensure the safety of the children.

5. Up to three employees may be employed on or report to the premises; provided, that adequate parking is provided on private property and screened from all abutting residential dwellings. Tandem parking is allowed, and such parking shall be located out of the front yard. Residential lots must be large enough to accommodate one parking space for each employee that does not live in the dwelling.

1. The instructor shall be a bona fide resident of the premises where the home occupation is conducted.

2. For purposes of this section, a group shall be defined as three or more students attending a session.

3. The number of classes shall be limited to two sessions per day. The sessions must be separated by at least 30 minutes to allow adequate time for pick-up and drop-off.

4. Residential Preschools. Residential preschools may be allowed by conditional use permit in all zones. The following regulations shall apply to all residential preschools:

1. The child care shall comply with all regulations of the state of Utah. A child care provider who cares for one to eight children shall obtain a State Residential Child Care Certificate. A child care provider who cares for nine or more children shall obtain a state license. More than eight children may be considered if a second adult is employed on the premises.

2. If a second adult is employed by the child care provider they shall submit to the city of West Point a background criminal investigation which was produced by a law enforcement agency. This employee must also receive professional training in first aid and cardiopulmonary resuscitation (CPR) and shall provide evidence of this training to the city.

3. Off-street parking shall be provided for the residents and employees as required by the planning commission.

4. Day care facilities must have a play area fenced from the street and a fire inspection performed to ensure the safety of the children. [Ord. 08-20-2024A § 1 (Exh. A); Ord. 08-17-2021B § 2 (Exh. A)].

1. Regulation for All Residential Structures.

1. All manufactured homes shall be certified by the U.S. Department of Housing and Urban Development inspectors as meeting the National Manufactured Housing Construction and Safety Standards Act of 1974, effective June 15, 1976 (HUD Code), and any subsequent amendments thereto. For purposes of this section, a manufactured home is the same as defined in UCA Section 15A-1-302, except that the manufactured home shall be attached to a permanent foundation in accordance with plans providing for vertical loads, uplift, and lateral forces and frost protection in compliance with the applicable building code. All appendages, including carports, garages, storage buildings, additions, or alterations shall be built in compliance with the applicable building code.

2. Each manufactured home shall be installed, with or without basement, on a site-built permanent foundation system that meets or exceeds applicable requirements of the building codes as detailed in the “Guidelines for Manufactured Housing Installations.” Permanent masonry or concrete perimeter enclosures shall be required and shall conform to the adopted edition of the International Building Code as specified for foundation walls.

3. The manufactured home shall be a minimum of 24 feet wide; each half of the unit shall be a minimum of 12 feet wide.

4. Towing hitches and running gear, which includes tongues, axles, brakes, wheels, lights, and other parts of the chassis intended to be operated only during transport, shall be removed.

5. The manufactured home is required to have outside hose bibs attached to the front and back of the home.

6. All manufactured homes must meet requirements of the city ordinances pertaining to the respective zone they are to be located in and the associated regulations such as the general regulations. Manufactured homes are considered a single-family dwelling, with additional regulations to address their unique design. [Ord. 08-17-2021B § 2 (Exh. A)].