|Rights||In Copyright (InC)|
|Rights Holder||The Times Independent, Moab, Utah|
|Publisher||Digitized by J. Willard Marriott Library, University of Utah|
|Article Title||Ordinance No. 124 - Grand County Zoning Ordinance|
Legal Notice Ordinance No. 124 - Grand County Zoning Ordinance ""7oARDOF ,n COMMISSIONERS V;N4NCEN0.1M ' 'S-,NNCE ESTA8-'.''ONES ESTA8-'.''ONES WITHIN ;,C0UNTY, UTAH; ;S-;T(SG AND REST-WITHIN REST-WITHIN SAID USE. LOCA-'-.T AND SIZE OF ;i3S AND STRUC-ThE STRUC-ThE USE OF LAND, "".'-c CF LOTS, YARDS ".Vm-ROFEN SPACES. l-.sj METHODS OF ,VUTlON AND EN-.-.-siENT, PROVIDING 7t S FOR THE VIOL-' VIOL-' THEREOF; REPEAL-i REPEAL-i CTHER ORDINANDI ORDINAN-DI FARTS OF ORDIN-CONFLICT ORDIN-CONFLICT HERE-CECLARING HERE-CECLARING AN .... s:aRD OF COUNTY L'miSSIONERS OF COUNTY. UTAH. Nj AS FOLLOWS: I Crater 2-1 TITLE. INTENT AND PURPOSE .... fit. TriiS Ordinance ThE DEYELOP-V DEYELOP-V COOE OF GRAND . UTAH. and may t-e . ..s -d psaded. !ntnt ) Purpose. It ! -e purpose of the I --, C-.""""1 ssioners of ( -;;;k-: to avail itself of l,,, ;an:ed under Title ! v o-j-jc aid 57-S-35. ' f ."cce. Annotated 1953. ' r- ,n 4 manner that -j.-:: the hea:th. rcas. convenience, :? :-5c,:y. and general - o' te p'esent and ; r-ar :a-:s of Grand ' ."i. tri to this end: ;. ": rccu-aje and faoii-:! faoii-:! trti' y 5'0th and ;::.e"t m the County. To 'ac.:.:a:e adequate for transportation, :? era;e, parks, .is jrd other public I T: -essen ccjestion in i s-eets, prevent the fr-.z -; of land, and - :ac,at licM and air. i " . .: secj'e sa'ety from 3. 'cccs. tra'fic hazards, r: r Sa-je'S. I star i .re and improve 'XT ,a es. ' : p-:tect the tax base of -t!c.-ty and promote the i Ji::-ert of a more attrac-1 attrac-1 rc dic esome environ- i T; prorrote efficient and jCv-ca.' utilization, conser-1 conser-1 1". 3ri production of land, ; s a-j other resources and :I -3. I "To reduce the waste of "sai. financial and human 1 5-tes resulting from ex-scattering ex-scattering of popula- Chapter 2-2 j "NERAL PROVISIONS i Declaration. In estab- T'i the zones, the bound-;a bound-;a tkereof, and other i-atois and restrictions :: '3 within each of the -3 C-eand careful consid-,: consid-,: ;n was given, among ?trmgSi to the suitability and for particular uses, f: a the character of the " 'th a vie to conserv- value of buildings and 'agmg the most appro-use appro-use of land throughout bounty. 'Application. The regu-"s regu-"s and restrictions as set "''nin this Code shall be "jfpreted and construed "-fjnher the objectives and "cses thereof. !3 Intarprtutlon. In In- eting and applying this the provisions thereof held to be the 'um requirements need- 10 Promote the public t h-Mfety, morals, conven-order, conven-order, prosperity, and welfare of the present Jure Inhabitants of the y- 11 is not Intended by option of this Code to abrogate, annul, or In (ay impair or Interfere existing ordinances, t' re9uations, standards, r provisions of laws 5':"hoM which are specif I-9 I-9 Repealed under the terms code. Nor is It intended t "" Code to Interfere with fS.ate or annul any 'JT1' COvenan'. or other ent between partjes 'fi. however, that where 8 imposes a greater flKln than Is required by any oidlnaiK'a, cw.1e, rtgul-tion, rtgul-tion, atandaid or othar provision provi-sion ot law or by any 43ctiutnt, covenant or private ajicwimant, the provisions of this CoJa shall prevail 2 2 conflicting provisions. All ordinances, resolutions, or parts thereof In oontllct with the provisions of this Code are hereby repealed Insofar as they conflict with the provisions provi-sions set forth In this code. 2-2-5 Severability. This Code and the various parts, sections, and clauses are hereby declared to be severable. sever-able. If any pari, section, paragraph, sentence, clause, or phrase Is asjudged unconstitutional uncon-stitutional or Invalid, It Is hereby here-by declared that the remainder ot the Code shall not be affected thereby. The County Commissioners hereby declare that it would have passed this Code and each part, section, paragraph, sentence, clause, and phrase thereof. Irrespective Irrespec-tive of the fact that any one or more portions thereof be declared Invalid. 2-2-6 Amendments to Coda and Map. This Development Code. Including the map, may be amended, but all proposed amendments shall be submitted submit-ted first to the Planning Commission for Its recommendations, recom-mendations, which recommendations recom-mendations shall be submitted to the County Commissioners for its consideration within thirty (30) days. A. Written Petition Required. Requir-ed. Any person seeking an amendment of this zoning ordinance or map shall submit to the Planning Commission a written petition designating the change desired and the reason therefor, and shall pay a filing fee of twenty-five (S25) to the County Recorder. Upon receipt of the petition and the payment of the filing fee, the Planning Commission shall consider the request and shall certify its recommendations to the Board of County Commissioners Commis-sioners with respect to the request within thirty (30) days from receipt of the request. Failure on the part of the Planning Commission to certify cer-tify its recommendations to the Board of County Commissioners Commission-ers within said thirty (30) day period, shall be deemed to constitute a recommendation of approval unless a longer period is granted by the Board of County Commissioners. The fee required herein shall not be returned to the applicant. The Planning Commission or Board of County Commissioners Commission-ers may also initiate amendments amend-ments to this Code. B. Intent with Respect to Amendments. It is hereby declared to be public policy that this Code shall not be amended unless it can be shown that changed or changing chang-ing conditions make the proposed amendment reasonably reason-ably necessary to the promotion promo-tion of the purposes of this code. C. Public Hearing Required Before Amending - Notice. Amendments to this zoning ordinance may be adopted only after a public hearing In relation thereto before the County Commissioners, at which parties in interest and citizens shall have an opportunity oppor-tunity to be heard. Notice of the time and place of such hearing shall be published in a newspaper of general circulation circula-tion within the County at least thirty (30) days prior to the date of the hearing. 2-2-7 Nonconforming Buildings Build-ings and Uses. A. Nonconforming Uses May be Continued. Nonconforming Noncon-forming building or structure or use of land may be continued to the same extent and character as that which legally existed on the effective day of the applicable regulations. regula-tions. Repairs may also be made to a nonconforming building or to a building housing a nonconforming use. B. Nonconforming Uses May be Enlarged - Limitations. Limita-tions. Nonconforming uses within a building may be expanded within the same building In which said nonconforming noncon-forming use Is located provided: provid-ed: 1. That no structural changes are made In the buildings. 2. That such Increase or expansion Is required to comply with an order to Improve Issued by a health or safety official acting In his official capacity. 3. That the Board of Adustment has approved such Increase or expansion. C. Damaged Building May be Restored. A nonconforming building or structure and a building or structure occupied by a nonconforming use which Is damaged or destroyed by fire, flood, or other calamity or act ot nature may be restored, and the building or structure or use of such building, structure, or part thereof may be continued or resumed, provided that such restoration Is started within a period of 6 months from the date of destruction and is diligently prosecuted to completion within with-in one year. Such restoration shall not Increase the floor space devoted to the nonconforming noncon-forming use over that which existed at the time the building became nonconforming. D. Discontinuance or Abon-donment. Abon-donment. A nonconforming building or structure or portion thereof or a lot occupied by a nonconforming use which Is, or wnich hereafter becomes abandoned or which Is discontinued discon-tinued for a continuous period of six months or more shall not thereafter be occupied, except by a use which conforms to the regulations of the zone In which it is located. E. Change to a Conforming Use. Any nonconforming building or use which has been changed to a conforming building or use shall not thereafter revert back to a nonconforming use. F. Change to Another Nonconforming Use Prohibited. Prohibit-ed. A nonconforming use of a building qr lot shall not be changed to another nonconforming noncon-forming use whatsoever. Qhanges In use shall be made only to a conforming use within the zone. 2-2-8 Reclassification ol Territory. The provisions pertaining per-taining to nonconforming uses of land and buildings shall also apply to land and buildings which hereafter become nonconforming non-conforming due to an amendment amend-ment In the zoning ordinance or Map. 2-2-9 Permits Granted Prior to Passage of this Code or Amendments Thereto. No building or structure, or change to the use of the land which becomes nonconforming upon the passage of this ordinance or which becomes nonconforming due to an amendment to this ordinance shall be built unless a valid permit has been Issued prior to the date this Code becomes effective. -i-IU UOD. I 1 v Zonet Unless Expressly Permitted. Per-mitted. Uses of land which are not expressly permitted within a zone are hereby declared to be expressly prohibited therein, there-in, except as determined by the Zoning Enforcement Officer Offic-er to be similar in nature to other uses permitted In the zone. Any person agrleved by the decision of the Zoning Enforcement Officer may appeal ap-peal said decision to the Board of Adjustments for final determination. deter-mination. Chapter 2-3 DEFINITIONS 2-3-1 Definitions. For the purpose of this ordinance, certain words and phrases require specific definition of meaning. Words and phrases used In the present tense Include the future, the singular singu-lar word or number, Includes the plural and the singular. A. Intent. It Is the Intent of this section In setting forth the meaning of certain words and phrases, to facilitate understanding under-standing of said terms and phrases in the sense Intended by the Board of County Commissioners. B. List of Definitions. 1. Agriculture - Agriculture shall mean the growing of soil crops in the customary manner intheopen. It shall not include retailing of products on the premises. 2. Apartment house See Dwelling - Multiple family. 3. Boarding House A dwelling containing not more than one kitchen where for compensation, meals are provided pro-vided pursuant to previous arrangements on a dally, weekly, or monthly basis as distinguished from a hotel, cafe, or rooming house. 4. Building . Any structure built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind. a. Building, Accessory A subordinate building, the use of which Is incidental to that of the main building. b. Building, Main One or more of the principal buildings Upon a lot. c. Building, Line A line designating the minimum distance dis-tance which buildings must be set back from the street or lot line. d. Building, Public A building owned and operated or owned and Intended to be operated by a public agency of the United States of America, of the State of Utah, or any of Its subdivisions. 5. Carport - A structure which Is open at least on two sides for the shelter of automobiles. 6. Clear Vision Triangle A triangle formed by two sides of streets Intersecting at right angles and the hypotenuse connecting ends of two sides thirty (30) feet from their Intersection. 7. Clinic - A building used for the diagnosis and treatment treat-ment of ill, infirm and Injured persons, but which building does not provide board, room or regular hospital care and services. 8. Club A building used, occupied and operated by an organized association of persons per-sons for social, fraternal, religious, or patriotic purposes, pur-poses, whose activities are confined to the members and their guests, but shall not include any organization, group or association of which the principal activity Is to render a service usually carried on as a business. 9. Common Area - An area designed to serve two (2) or more dwelling units In separate separ-ate ownership with convenient access to the area. 10. Conditional Use Special Exception - A use which has been specifically permitted by the terms of this Code and which requires special consideration consid-eration by the Board of Adjustment, Planning Commission, Com-mission, or Board of County Commissioners before a permit per-mit therefor may be Issued by the Zoning Administrator or Building Inspector. 11. Condominium - The ownership ot a single unit in a multi-unit project together with an undivided Interest In common In the common area and facilities of the property. 12. Convenience Establishments Establish-ments - Establishments which are designed and Intended to serve the dally or frequent trade or service needs of surrounding population. Such establishments may Include but are not limited to grocery stores, variety stores, drug stores, coin-operated laundries laun-dries and dry-cleaning establishments, estab-lishments, beauty shops, barber bar-ber shops, or combination thereof, but do not Include repair shops, automobile sales yards, clothing stores, or dTive-ins. 13. Condominium Project -A plan or project whereby two or more units, whether contained con-tained in existing or proposed apartments, commercial or Industrial buildings or structures struc-tures or otherwise, are separately separ-ately offered or proposed to be offered for sale. Condominium project shall also mean the property when the context so requires. 14. Density - The term density shall mean the number of dwelling units per gross acre of land. 15. Documentation - Declaration Declar-ation - The legal instruments required under the provisions of this Code and applicable State law for approval of large scale development. 16. Drlve-in, Retail Any form of merchandising, serving serv-ing or dispensing of goods in which the customer is serviced while In his automobile. 17. Dwelling a Dwelling Unit - One or more rooms In a building designed for living purposes (bathing, eating, and sleeping) ard occupied by one family. b. Dwelling, One-Family A detached residence designed for or occupied by one family. c. Dwelling, Two-Family A building containing two dwelling dwell-ing units. d. Dwelling, Multiple-Family - A building containing three or more dwelling units. e. Dwelling, Caretaker's A dwelling which Is occupied by an Individual or family whose livelihood Is derived primarily from watching or taking care of a farm, Industry, or other use which Is located on the same premises as the dwelling. dwell-ing. f. Dwelling, Conventional - A dwelling which is constructed construct-ed In compliance with the provisions of the Uniform Building Code, Uniform Mechanical Mec-hanical Code, National Electric Code and State Plumbing Code as adopted by the County. 16. Environmental Impact Statement - A statement which Indicates or describes the Impact that the development will likely have on the natural features of the Immediate area, and which describes the measures that will be taken to lesson the occurrence of adverse conditions with respect re-spect to: a. control of erosion within the area. b. reseedlng of cuts and fills. c. provisions for potable water and Irrigation water. d. disposition of any geologic geolog-ic hazards or soil conditions which may cause Injury to persons or Injury or damage to Improvements which may be constructed In the development, develop-ment, such as buildings, water and sewer lines, and streets. e. prevention of fire and control of dust. f. prevention of the accumulation accumu-lation of weeds and debris. g. disposal of surface water and disposition of flood hazards. ha-zards. h. costs of services or facilities (both off-site and on-site) which may devolve upon the public as a result of the construction of the project as planned. 19. Family - An individual or two or more persons related by blood, marriage, or adoption, living together In a single dwelling unit and maintaining a common household. A family may include two, but not more than two, nonrelated persons living with the residing family. The term "family" shall not be construed to mean a group of nonrelated individuals, a fraternity, club or Institutional group. 20. Family Day-Care Center - A dwelling unit wherein ordinary care and supervision are provided during customary day-time periods by the resident family to nonrelated persons. To qualify, said .dwelling must be approved by the State Division of Social Services or other appropriate State agency. 21. Farm - Agricultural area expressly used for the raising of crops or livestock. Does not Include commercial feed lots or processing plants. 22. Fence, Sight-Obscuring - A fence having a height of at least six (6) feet above grade which permits vision through not more than ten (10) percent of each square foot more than eight (8) Inches above ground. 23. Final Plat, Record ol Survey Map - A plat or plats of survey of land within a subdivision or other large scale development, which has been prepared in accordance with applicable County standards stand-ards andor state statutes for the purposes of recording In the office of the County Recorder. 24. Flood Channel - A natural or artificial water course with definite bed and banks to confine and conduct flood water. 25. Floor Area - The sum ol the areas of the several floors of the building, Includinc, basements, mezzanines, and penthouses of headroom height (6 feet), measured from the exterior walls or from the center line of walls separating buildings. The floor area does not include unoccupied features fea-tures such as pipe trenches exterior terraces or steps, chimneys, roof overhangs, etc. 26. Foster Care Home - A dwelling unit wherein room, board, care and supervision are provided by the resldant family under the approval and supervision of the State Division of Social Services or other placement agency licensed li-censed by the State to provide for children who are unrelated to the resident family. 27. Fractional Numbers -Numbers or measurements In determining the requirements of this Ordinance. Whenever a fraction of a number Is one-half or more, said fraction shall be considered as a whole number or unit; where the fraction is less than one-half, said fraction shall not be Included In determining requirements. re-quirements. 28. Garage, Prlvte - A building or part thereof designed for the parking or temporary storage of automobiles automo-biles of the occupants of the premises. 29. Garage, Public - A building other than a private garage used for the storage, care, repair, or equipment of motor driven vehicles; or stores for renumeratlon, or a building In which such vehicles vehic-les are parked. 30. Gardening - Including the raising of row crops, grains, and fruit. 31. Governing Body County Commissioners . of Grand County, Utah. 32. Grade of Building. a. For buildings fronting one street only - the elevation of the sidewalk or center line of street, whichever is higher at right angles to the midpoint of the fronting wall. b. For buildings fronting on more than one street - the average of the elevations of the sidewalk or center line of street out from the midpoint of the fronting walls. c. For buildings having no walls fronting the streets - the average level of the sidewalk or center line of surrounding streets, whichever is higher. 33. Grazing - The act of eating herbage growing from the ground. 34. Guest - A person staying or receiving services for compensation at a hotel, motel, boarding house, room-, ing house or rest home, or similar use. 35. Height of Building - The weighted average vertical distance dis-tance from the grade of .nt building to the top of tha building walls. 36. Home Occupation - Any occupation conducted within a dwelling and carried on by persons residing in the dwell-ina. 37. Household pets - Animals Anim-als or fowl ordinarily permitted in the house and kept for company or pleasure, including includ-ing but not limited to dogs, cats, canaries, and chinchillas. 38. Junk Yard-Salvage Yard - A place where scrap, waste, discarded or salvaged materials mater-ials are bought, sold, exchanged, ex-changed, baled, packed, disassembled, disas-sembled, handled or stored, including auto wrecking yards, house wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment; equip-ment; but not including places where such uses are conducted entirely within a completely enclosed building or where i salvaged materials are kept incidental to manufacturing operations conducted on the premises. 39. Kennel - Land or buildings used in the keeping of four (4) or more dogs over i four months old. i 40. Information Brochure -A written statement setting i forth the organizational struc- ture of the Home Owners Association, and the rights and obligations of the develop- ers, Home Owners Association, Associa-tion, the lot or home owners and the County. 41 . Landscaping - Landscaping Landscap-ing shall mean the application or use of some combination of planted trees, shrubs, vines, ground cover, flowers, or i lawns. It also means the I combination of rocks and such I structural features as foun-i foun-i tains, pools, art works, i screens, walls, fpnres or i benches. Natural landscaping I may be utilized if needed to i conform with surrounding area. 42. Land Use Plan - m plan adopted and maintained by the County Planning Commission, which shows how the land should be used - an element of the Comprehensive Plan. 43. Lodging House - A building containing sleeping rooms that are rented to guests on a daily or weekly or monthly basis. 44. Lot - A single parcel or tract of land. a. Lot Corner - A lot abutting on two intersecting or intercepting streets, the radius of which is thirty-five (35) feet or less, where the interior angle of intersection or Interception Inter-ception does not exceed 105 degrees. b. Lot Interior - A lot other than a corner lot. c. Lot Line, Front - The front boundary line of a lot bordering on the street. d. Lot Line, Rear A lot line which is opposite and most distant from the front lot line. e. Lot Line, Side - Any lot boundary line not a front lot line or a rear lot line. f. Lot, Zoning - A parcel of land which is occupied or Is to be occupied by a building or group of buildings which: (1) Complies with all existing exist-ing area frontage, width, t setback and supplementary requirements of the zone in which it is located. (2) Has frontage on a County street, which street has been accepted by the Board of County Commissioners, has been improved in accordance with County standards and is in use by the public or has frontage on a private right-of-way within an approved large scale development. (3) Is shown as a separate lot In an approved subdivision plat or large scale development develop-ment plan, which plat or plan has been approved In accordance accor-dance with the applicable ordinances or which is exempted exempt-ed from compliance with said ordinances. 45. Manufactured Home - A dwelling unit which meets the building code for permanent structures designed to be transported after fabrication, and which is ready for occupancy as a dwelling unit, except for connection to utilities and location on a foundation. 46. Master Plan - See Comprehensive Plan. 47., Mobile Home - A vehicular or portable structure which is constructed for movement on the public highways; which is designed for use as a residence and meets the Code for Mobile Homes as adopted by the County, but which has not been demonstrated to conform to the requirements of the building code for other residences. resi-dences. A Q MnKlla Mnma Dark - An area or tract of land used to accommodate two or more mobile homes. 49. Motel Shall mean one or more buildings containing individual sleeping rooms or living units designed for use by automobile tourists or transients with a parking space conveniently located to each unit. 50. Nonconforming Building - A building, structure, or portion thereof, which does not conform to the regulations of this code applicable to the zone or district in which such building is situated, but which legally existed prior to the effprtive date of this code. 51. Nonconforming Lot of Record - A parcel of land which does not conform to the area, frontage, andor width requirment for a zoning lot, but which was shown on the records of the County Recorder Record-er as an independent lot prior to the effective date of this code. 52. Nonconforming Use - An illegal use of premises which does not conform to the regulations of this code, but which existed at the effective date thereof. 53. Nursery, Day-Care - A home or building in which children are tended or kept for compensation, this does not include overnight accommodations accommoda-tions for such children as does a foster home or an orphan-aae. orphan-aae. 54. Offsite - Shall mean of or pertaining to the territory outside of the boundaries of a particular project. 55. Onsite - Shall mean of or pertaining to the territory within the boundaries of a particular project. 56. Open Space - Land which is open from the ground upward and which Is not covered by dwellings or other buildings, or by pavement or other Impervious material. 57. Open Space Preservation Preserva-tion Agreement - An agreement agree-ment between the County and a property owner In which the property owner agrees for himself and his successors and assigns to retrain from constructing con-structing dwellings and other buildings on a specific parcel of land for a specific period of time. 58. Parking Space - A space, not less than twenty (20) feet in length and not less than eight and five-tenth (8.5) feet in width for the parking of a mobile vehicle, exclusive of driveways and ramps. 59. Pasture - An enclosure for animals in which no feed is provided except that which the animals obtained by grazing. 60. Person - An individual, cooporation, partnership, association, as-sociation, trustee, or other legal entity. 61. Planned Unit Development Develop-ment - A tract of land which is planned and developed as a single entity wherein the requirements applying to all dwellings and other buildings and improvements are modified modi-fied to conform to the approved plan. 62. Planting Plan - A plan showing the location and dimensions of plants, irrigation irriga-tion equipment, curbs, and other protective features a-round a-round the edge of the planting beds and the location and species of plants to be planted. 63. Premises - A zoning lot togemer with buildings and structures located thereon. 64. Public Parks and Playgrounds Play-grounds Shall mean a tract of land which is owned by the public and which has been partially or totally developed or designated for recreational purposes. 65. Required Yard The yard resulting from the application appli-cation of the minimum setback requirements within the zone. 66. Rest Home - A dwelling for the care of keeping of elderly or Infirm people affected with infirmities or chronic illness. To qualify said dwelling must be approved to operate by the State Division of Social Services or other state agency. 67. Salvage Yard - See "Junk Yard." 68. Setback - The shortest distance between the property line and outside surface of the foundation, wall, or main frame of the building. 69. Sign - Any devise for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public, but not including a flag pole. a. Sign, Accessory - A sign which directs attention to a business or profession conducted con-ducted on the premises. b. Sign Area of - The area of a sign shall be considered to include all lettering, working and accompanying designs or symbols together with any background material or free standing supports. Where a sign consists of individual letters attacned to or painted on a building or wall or Window, the area of the sign shall be considered to be that of the smallest rectangle which encompasses all the letters or symbols. c. Sign, Nonaccessory -Billboard - A sign which directs attention to a business, commodity, service or entertainment enter-tainment conducted, sold or offered elsewhere than on the premises, and only incidentally incidental-ly on the premises, if at all. d. Sign, Free-Standing - A sign which is not attached to or part of a building. 70. Slope - The average grade of the surface of land expressed either in percentage or in degrees. 71. Special Exception See Conditional Use. 72. Story - That portion of a building included between the surface of a floor and the ceiling next above it, but no less than eight (8) feet. 73. Street, Major - A road which has been designated on the County's master plan as a collector, arterial, or other principal thoroughfare as distinguished dis-tinguished from a minor street. (Cont. on Page C2) LEGAL NOTICE (Cont. from Page C1) 74. Street, Minor - Any dedicated street serving as the principal means of access to properly, which street is not shown on the major street plan as a princlpal,thoroughfare. 75. Street, Public - A roadway which has been designated as a federal or state highway or which has been designated as a county street. 76. Subdivision - A tract or lot or parcel of land which has been divided into three (3) or more lots, plots, sites or other division of land ten (10) acres each or less in area for the purpose, whether immediate or future, of sale or of building development. 77. Vacation Vehicle - A vehicle used or maintained primarily as a temporary dwelling for travel, vacation, or recreation purposes. 78. Vacation Vehicle Court -An area or tract of land used to accommodate two or more vacation vehicles or camper units for a short period of time (less than 30 days). 79. Valid - A valid building permit Is a permit Issued by the building inspector. 80. Unnecessary Hardship A general restriction placed upon a lot with respect to setback or area where, by reason of exceptional narrowness, narrow-ness, shallowness, shape or topography of such lot, a literal enforcement of the general restrictions would result in an unfairness to the owner compaired to the owners of other lots In the same zone and which literal enforcement would be unnecessary unne-cessary in order to achieve the Infant nf tha 7nna 81 . Variance - A reduction of a setback or an area requirement require-ment as distinguished from a special exception, to be determined by the Board of Adjustments. 82. Yard - An open space on the same lot with a building unoccupied or unobstructed from the ground upward, except as otherwise provided in this ordinance. a. Yard, Front - A minimum horizontal distance between the street line and the front line of the building or any projection thereof, excluding non-enclosed steps. On a corner lot, the front yard may be applied to either street. b. Yard, Rear - An open, unoccupied un-occupied space on the same lot as a building, measured from the rear line of the building (exclusive of steps) and the rear lot line, and extending for the entire width of the lot. In case of a corner lot where the building facade faces on the side street, the rear yard may be established from the side of the house to the property line. c. Yard, Required - The open op-en space around building which is required by the terms of this ordinance. d. Yard, Side - A yard between be-tween the building and the side line of the lot and extending extend-ing from the front yard to the rear yard. Chapter 2-4 ESTABLISHMENT OF ZONES 2-4-1 Zones Established. In order to carry out the purpose of this Code, the County of Grand, Utah, is hereby divided divid-ed into zones as follows: R-1 Residential Zone R-2 Residential Zone : R-3 Multi Family Resi-; Resi-; dential Zone C-1 Neighborhood Com-! Com-! mercial Zone C-2 General Commercial ; Zone C-3 Highway Commercial ; Zone I 1-1 Light Industry Zone A-1 Agricultural Zone ' G-1 General Grazing F Flood Zone ; 2-4-2 Official Zone Map. The location and boundaries of ! each of the zones are shown on i the official zone map of the j County of Grand, Utah, and said map is hereby declared to be an official record and a part of this Code and said Official Offi-cial Zone Map and all notations, nota-tions, references and other information in-formation shown thereon shall be as much a part ol this Code as lfthe mailers and other Information In-formation 8f)t forth by said map were fully described herein. here-in. Said Official Map shall be I-dentifiod I-dentifiod by the signature of the Chairman of the County attested at-tested lo by the County Recorder Re-corder and recorded In the office of-fice of the County Recorder. Whenever amendments or change are rnarie in Hie one boundaries, such amendments amend-ments or change! shall be made by trie Zoning Adminis trator on the Official Zone Map promptly. No amendment or change shall become effective until after It has been properly noted and attested to on the Official Zone Map. No changes of any nature shall be made in the Official Zone Map except in conformance confor-mance with the procedure set forth In this Code. Any unauthorized change of what-everkind what-everkind by any person or persons shall be considered a violation of this Code and punishable as provided in this Code. Regardless of the existence of purported copies of the Official Zone Map, which may from time to time be made or published, the Official Zone Map which shall be located in the office of the County Recorder, shall be the final authority In determining current cur-rent status. 2-4-3 Boundaries of Zones. Where uncertainty exists with respect to the boundaries of various zones, the following rules shall apply: A. Where the indicated boundaries on the zone map are approximately street or alley lines, said street or alley shall be construed to be the zone boundaries. B. Where the Indicated boundaries are approximately lot lines, said lot lines shall be construed to be the zone boundaries unless otherwise Indicated. C. Where land has not been subdivided Into lots and blocks, the zone boundaries shall be determined by use. of the scale of measurement shown on the map. D. Where other uncertainty exists, the Planning Commission Commis-sion shall Interpret the map. Chapter 2-5 REGULATIONS WITHIN ZONES 2-5-1 Declaration. Regulations Regula-tions and restrictions governing govern-ing the use of land, buildings, and structures, the size of yards, courts and other open spaces, density of population, location, size and height of buildings and structures and the maintenance of premises shall apply within the several zones as hereinafter set forth. 2-5-2 Residential Zone A. Intent. The R-1 Residential Residen-tial Zone covers that portion of the County which Is most appropriately suited for the development of one-family dwellings on Individual lots. The zone Is characterized by spacious lots, attractively landscaped yards, and open spaces, and a favorable environment for family life. Uses such as apartment houses, mobile homes and commercial and Industrial uses are not permitted in the zone. B. Permitted Uses. The following buildings, structures and uses of land shall be permitted upon compliance with requirements set forth In this Code: 1. One-family dwellings-conventional dwellings-conventional construction only- 2. Residential accessory buildings and structures, such as private garage or carport for the storage of automobiles owned by persons residing on the premises; green houses and gardening sheds for private use only; private bath houses and swimming pools; tennis courts; and arbors, and similar structures which are customarily used In conjunction conjunc-tion with, and are incidental to a dwelling. 3. Planned unit development develop-ment subject to the provisions of Chapters 2-6-1 and 2-6-2 of this Code. 4. Public agency parks, and public agency recreation grounds, but not privately owned amusement parks or recreation grounds. 5. Gardening, Including the raising of row crops, grains, and fruit. Does not Include farm animals or fur bearing animals. 6. A signboard not exceeding exceed-ing eight (8) square feet in area pertaining to the lease or sale of the property. 7. Fence9, walls and hedges subject to the provisions of Section 2-7-14 of this Code. 8. Temporary building or yard for storage of construction construc-tion materials and equipment Incidental and necessary to construction of houses, utilities, utili-ties, or othor community facilities, provided such temporary temp-orary building which the houses, utilities, or other community facilities are to be constructed. A permit therefor shall he issued only to the contractor or builder arid shall be valid for not more than one LEGAL NOTICE (1) year, at the expiration of which time said building or yard shall be removed from the premises and said use discontinued. 9. Temporary occupancy of a dwelling as an office when used In connection with the sale of property within a subdivision under construction, construc-tion, provided the temporary office is located on the same tract of land as the subdivision. subdivi-sion. A permit therefor shall be valid for not more than one (1) year, at the expiration of which time said use shall be discontinued. 10. Public and parochial schools and grounds. 11. Public buildings and grounds, not including storage yards or repair shops. 12. Household pets. 13. Home occupations subject sub-ject to the provisions of Section . 2-7-23 of this Code, as applicable. 14. Electrical substation subject to the provisions of Section 2-7-17 of this Code. C. Area Requirements - The minimum area of a zoning lot within the zone shall be nine thousand (9,000) square feet. D. Frontage Requirements. The minimum frontage requirements re-quirements of a zoning lot within the zone shall be ninety (90) feet. All frontage shall be measured thirty (30) feet back from the front lot line. E. Setback Requirements. The minimum setback requirements require-ments shall be as follows: 1. Front Setback a. Main Buildings. All dwellings and other main buildings and structures shall be set back not less than twenty-five (25) feet from the front lot line. b. Accessory Buildings. All accessory buildings shall be set back not less than six (6) feet to the rear of the main building. Where no main building exists on a lot, a detached accessory building shall be set back not less than sixty (60) feet from the front lot line. 2. Side Setback-Interior Lots a. Main Buildings. All dwellings and other main buildings shall be set back not loss than ten (10) feet from either side lot line and the combined total distance of the two side setbacks shall be not less than twenty (20) feet. b. Accessory Buildings. All accessory buildings shall be set back not less than five (5) feet from the lot line, except that no minimum side setback shall be required when all the following conditions are met: (1) the accessory building Is located more than ten (10) feet from any existing dwelling on the same or an adjacent lot, (2) the accessory building contains no openings on the side contiguous to the lot line, (3) the outermost point of the roof shall be at least six (6) Inches from the closest property proper-ty line. (4) the accessory building shall have fire resistive walls rated at two (2) hours or more. 3. Side Setback - Corner Lot a. Side Abutting a Street. All dwellings and other main and accessory buildings shall be set back not less than twenty (20) feet from the side lot line which abuts on a street. b. Interior Side. Same as required for Interior lots. 4. Rear Setback - Interior Lots and Corner Lots a. Main Buildings. All dwellings or other main buildings shall be set back not less than fifteen (15) feet from the rear lot line. b. Accessory Building. Same as required under Side Setbacks - Interior Lots. F. Height of Buildings. The maximum height of any building (measured from finished fin-ished grade to the square of the building) shall be thirty-five thirty-five (35) feet. Where the ground or the square of the building is uneven In height, the average elevation thereof shall apply. Roofs above the square, chimneys, flag pole3, television antennas, church towers, and similar structures not used for human occupancy are excluded In determining height. G. Size of Dwellings. The ground floor area of any one-family dwolling shall not be loss than one thousand (1,000) square foot of living area excluslvo ol open porches, carports, and garages arid similar add-ons. H. Width of Buildings. The total length or total width of any dwelling shall be not Ions than Iwenty-four (24) feet as measured from outside wall to outside wall exclusive of any carport, garage, shed or similar add on. I. Special Provisions. Special Spe-cial provisions shall apply in this zone in order to protect Its essential characteristics and to promote superior residential amenities. 1. The space required around buildings and structures struct-ures shall be kept free from refuse and debris. 2. All buildings used for human occupancy shall be furnished with a public sewage collection system and a public water supply or approved water system, and shall be constructed in accordance with the adopted building, plumbing, plumb-ing, electrical, fire prevention and similar codes. If there is no public sewage available, all zoning lots shall be one (1) acre or more. 3. All buildings and uses within this zone shall comply with all applicable Supplementary Supple-mentary Development Standards Stand-ards as set forth in Chapter 2-7 of this Code. 4. At least seventy percent (70) of the area contained within a required front yard or side yard adjacent to a street shall be landscaped. 2-5-3 R-2 Residential Zone A. Intent The R-2 Residential Zone covers that portion of the County which Is appropriately suited for the development of one-family in conjunction with duplexes on individual lots. It Is characterized by dwellings dwell-ings on moderate sized lots, attractively landscaped yards, open spaces, and a favorable environment for family life. The zone Is Intended to have a density slightly greater than the R-1 Zone, but to maintain a residential character comparable compar-able to that zone. Accordingly, high density apartment structures struc-tures and commercial and Industrial structures are not permitted in the zone. B. Permitted uses The following buildings, structures, and uses of land shall be permitted upon compliance with requirements set forth In this Code: 1. Any use permitted In the R-1 Zone 2. Duplexes 3. Mobile homes located on a permanent foundation. C. Area Requirements The minimum area of a zoning lot within the zone shall be as follows: nine thousand (9,000) square feet when public services are available; If public services are not available, avail-able, one (1) acre lots are required. D. Frontage Requirements The minimum frontage requirements re-quirements of a zoning lot within the zone shall be ninety (90) feet, measured thirty (30) feet back from the front lot line. D. Frontage Requirements The minimum frontage requirements re-quirements of a zoning lot within the zone shall be eighty (80) feet for single families' dwellings measured thirty (30) feet back from the front lot line. E. Setback Requirements The minimum setback requirements re-quirements shall be the same as required In the R-1 Zone. F. Height of Buildings Same as required in the R-1 Zone. G. Size of Dwellings The ground floor area of any one-family dwelling shall not be less than nine hundred (900) square feet of living area, exclusive of any carport, garage, shed or similar addon.' add-on.' H. Special Provisions Same as required In the R-1 Zone. 2-5-4 R-3 Residential Zone A. Intent The R-3 Residential Zone covers the portion of the County which Is most appropriately appro-priately suited for medium density residential development develop-ment and is characterized by mixtures of one, two, and multiple-family dwolllngs and mobile home parks. The zone Is Intended to provide a location for modium donslly residential development, but to maintain a suitable environment environ-ment for family llfo. Accordingly, Accord-ingly, retail, commercial and Industrial activities are not pnrmlttod within the zono. B. Permitted Uses Tho following buildings, structures and uses ol land shall ho permitted In this zono upon compliance wllh requirements require-ments set forth in this Code: I. Any use permitted In tho 112 one. 2. Two family and mulllplo family dwellings LEGAL NOTICE 3. Individual mobile homes subject to the provisions of Chapters 2-7-24 and 2-7-26 of this Code. 4. Mobile home parks subject to the provisions of Chapter 2-7-27 of this Code. 5. Boarding and rooming houses. 6. Churches (except temporary tempor-ary revival tents). C. Area Requirements The minimum area of a zoning lot within the zone shall be seven thousand five hundred hund-red (7,500) square feet. 1. One-family dwellings and individual mobile homes, area required: seven thousand five hundred (7,500) square feet. 2. Maximum density shall be one dwelling unit per two thousand two hundred (2,200) square feet. 3. Mobile Home Parks, area required: As set forth in Chapter 2-7-27. D. Frontage Requirements. Minimum frontage width In an R-3 Zone shall be eighty (80) feet. All other uses shall comply with the requirements for one-family dwellings. All other uses shall comply with the requirements for one-family dwellings. E. Setback Requirements The minimum setback requirements re-quirements shall be as follows: 1. Front Setback a. All dwellings and other main buildings shall be set back from the front lot line a distance of twenty-five (25) feet. b. Ail accessory buildings shall be set back not less than ten (10) feet In the rear of the main building. Where no main building exists on a lot, accessory buildings shall be located at least sixty (60) feet from the front lot line. 2. Side Setback - Interior Lots a. All one and two-family dwellings. The same as required In the R-1 Zone. For multiple family dwellings and other main buildings, the building shall be set back from the side property not less than eight (8) feet. b. Accessory Building. Same as required In the R-1 Zone. 3. Side Setback - Corner Lot a. Side abutting street. All dwellings and other main buildings shall be set back from the side lot line which abuts on a street a distance of twenty (20) feet. 4. Rear Setback - Interior Lots. Same as required In the R-1 Zone. 5. Rear Setback - Corner Lot. Same as required In the M-i z.one. F. Height of Buildings The maximum height of any building (measured from grade to the square of the building) shall be thirty (30) feet, or three (3) stories, whichever is the higher and the minimum height of any dwelling shall be eight (6) feet Where the ground or square of the building Is uneven In height, the average elevation thereof shall apply. Roofs above the square, chimneys, flagpoles, television antennas, church towers and similar structures not used for human occupancy are excluded In determining height. G. Special Provisions. Same as required In the R-1 Residential Zone. 2-5-5 C-1 Neighborhood Commercial Zone A. Intent This zone covers the portion of the County which Is most appropriately suited for retailing retail-ing and commercial purposes. Representative of the uses within the zone are banks, office buildings, eating places and a wide variety of retail and service commercial establishments. establish-ments. It Is the intent of this zone lo promote the continued use and Improvement of the retail commercial function. In ordor to accomplish the objectives and purposes of this Code and to carry out the Intent thoreof, the following regulations shall apply In the C-1 Neighborhood Commercial Zone. B. Permitted Uses The following buildings, structures and usos of land shall be permitted upon compliance with the requirements require-ments sol forth In this Codo: 1. Genoral retail stores and shops providing goods and services at retail In tho customary manner Including lood, drugs, apparol, jewolry, homo furnishings, sporting goods, notions, books, hnrd-waio, hnrd-waio, building mntorlals, garden gar-den supplies, variety merchandise merchan-dise and similar goods and services. 2. Offices, medical clinics and banks. 3. Eating establishments, private clubs and lodges. 4. Recreational enterprises including bowling alleys and recreational centers. 5. Personal service establishments estab-lishments including beauty and barber shops, photography, photogra-phy, shoe repair, appliance repair, self-service laundry and similar services. 6. Residences for caretaker. 7. Public parks and buildings. build-ings. 8. Engraving and printing establishments. 9. Accessory signs. 10. Other uses similar to the foregoing uses which are Interpreted by the Zoning Administrator to be In harmony har-mony with the Intent of the Zone. C. Area, Frontage, Setback, Height of Building, Size of Building, and Width of Building Build-ing Requirements There shall be no minimum requirements. Except the clear vision triangle shall be observed observ-ed on corner lots. D. Special Provisions 1. Storage space for merchandise, mer-chandise, materials, products and equipment (except for vehicles in running order), shall be contained within a building having walls which are Impervious to sight. 2. The entire lot shall be kept free from refuse, debris and Junk. 3. No noise, fumes, smoke, dust, vibration or Intermittent light shall be emitted from the premises which is deleterious to surrounding properly values. val-ues. 4. No wall, fence, opaque hedge or screening material shall be placed In such a manner which would restrict the sight distance for vehicular traffic In the public right-of-way. 5. All buildings and uses within this zone shall comply with all "applicable Supplementary Supple-mentary Development Standards Stand-ards as set forth In Chapter 2-7 of this Code. 2-5-6 C-2 General Commercial Commer-cial Zone A. Intent The Intent In establishing the zone Is to establish an area for wholesaling and retailing activities and services, along with limited fabrication and processing of goods and material where no fumes, glare, dust, noise, smoke or vibration are emitted beyond the premises. While primary is given to wholesaling and retailing activities, motels and vacation vehicle courts are also characteristics of the uses In this zone. B. Use Requirements The following buildings, structures and use of land shall be permitted upon compliance with requirements set forth In this Code. 1. Any use permitted In the , C-1 Zone; subject to the same conditions and standards. 2. Manufacturing, com- i pounding and processing i when a part of and Incidental to a permitted primary use provided no noise, fumes, glares, dust, smoke or vibration vibra-tion is emitted beyond the premises. 3. Plumbing shops, carpenter carpent-er shops, hardware and retail lumber yards. 4. Vacation vehicle courts subject to the provisions of Chapter 2-7-26 of this Code. 5. Used car sales lots and farm equipment sales establishments. estab-lishments. 6. Warehouses, trucking and storage buildings. 7. Welding and sheet metal shops. 8. Accessory buildings. ' 9. Accessory signs. , 10. Fences, walls and , hedges, subject to conditions , as set forth In Section 2-7-14. , . 11. Othor uses similar to the , foregoing uses which are Interpreted by the Board of ( Adjustments to be In harmony with the Intent of the Zone. ( C. Area, Frontage, Setback, Height of Building, Size of f Building, and Width of Build- ( Ing Requirements. t Same as required In the C-1 ( Zone, except the cloar vision triangle on corner lots shall be obsorvod. D. Special Provisions 1. Storage space for merchandise, mer-chandise, materials, products and oqulpment (oxcopt for vohiclos In running ordor), shall bo contalnod within a ' building having walls which ( are impervious to sight or shall ( bo onclosed within a solid fenco or wall, Impervious to , sight, of not loss than six (6) ( font In height. There shall bo ' "" CJ '""ependeni r LEGAL NOTICE " r - l no area or enclosure regulations regula-tions for used car lots or storage lots for vehicles In running order In the C-2 General Commercial Zone. 2. The entire lot shall be kept free from refuse, debris and Junk. 3. No noise, fumes, smoke, dust, vibration or Intermittent light shall be emitted from the premises which is deleterious to surrounding property values. val-ues. 4. All gasoline service station pumps shall be set back at least twenty (20) feet from all property lines. 5. No wall, fence, opaque hedge, or screening material shall be placed in such a manner which would restrict the sight distance for vehicular traffic In the public right-of-way. 6. All buildings used for human occupancy shall be constructed In accordance with the adopted building, plumbing, plumb-ing, electrical, fire prevention and similar codes. 7. All buildings and uses within this zone shall comply with all applicable supplementary supple-mentary Development Standards Stand-ards as set forth in Chapter 2-7 of this Code. 2-5-7 C-3 Highway Commercial Commer-cial Zone A. Intent The C-3 Highway Commercial Commer-cial Zone has been established for the purpose of providing a location for commercial activities activit-ies which are dependent on vehicular activity. To accomplish accomp-lish this, the objectives and purposes of this Code, and to carry out the intent thereof, the following regulations shall apply. B. Permitted Uses The following buildings, structures and uses of land shall be permitted upon compliance with the requirements require-ments set forth in this Code. 1. Auto agency for new and used cars, trailers, etc. 2. Auto repair, service station and car wash. 3. Billboards and business signs. 4. Bus terminal. 5. Cafe. 6. Drive-In refreshments and drive-in business. 7. Grocery and drug stores. 8. Laundry, automatic. 9. Lounge. 10. Motel. 11. Overnight camping area. 12. Restaurant. 13. Residence for caretaker. 14. Other uses of similar nature to those listed above which are Interpreted by the Zoning Administrator to be In harmony with the Intent of the Zone. C. Area, Frontage, Setback, Height of Building, Size of Building and Width of Building Build-ing Requirements Same as the C-1 Zone, except the vision triangle shall be observed on corner lots; and except that C-3 lots fronting on Highway 163 which have C-3 depth of 300 feet may be extended back Into adjoining zone for a total depth of five hundred (500) feet, If under single ownership. D. Special Provisions Same as the C-2 Zone. 2-5-8 1-1 Light Industrial Zone A. Intent The 1-1 Light Industrial Zone has been established for the purpose of providing a location where manufacturing, processing, warehousing and storage activities can be conducted without encroachment encroach-ment from Incompatible uses and with minimum undesirable undesir-able effects on surrounding areas of the community. Other objectives of the zone are to promote the economic well-being of the community, lo broaden the tax base, and to discourage the mixing of undesirable Industrial, com- 1 nerclal and residential uses. The zone Is characterized by 1 J mixture of manufacturing, I processing and warehousing 1 jslabllshments, each of which 1 s served by adequate streets 1 ind utliltlos and located In an irea that Is readily accessible ' 0 major transportation faclll- ; 1 OS. B. Permitted Uses. No building or land shall be ' used and no building or 1 structure shall be erectod ' which Is arranged, Intended, ' )r designed for othor than one 1 r more of the following r purposes: 1. Any use por milled In the ' C-2 Commercial Zono except f ns hereinafter prohibited. 2. Blacksmith shop, tire s '(capping establishment, ma-:hino ma-:hino shop, motal-working, '' welding shop, body and fonder shop, fixit shop, lumber and if" planning mills, assay shop i '1 d laboratories, building rnateri h als, sales yards and equipment storage. f 3. Central concrete mixing' plant, gravel crushing, ston,' cutting, rock, sand, or gravar'" , distribution. 4. Automobile w area; storage, sorting, collect-' ing or baling of rags, paper '0 ' iron, or junk. 5. Iron and steel fabrication, "!' metal casting. 6. Ore reduction, or process--'8' ing. Al 7. Warehousing and storage. stor-age. 8. Accessory building, in-, eluding caretaker residence. 9. Other uses of a nature. and character similar to those'1 above- listed except the follow-:'9" ing uses which are especially''' and specifically prohibited: a. The manufacturing ol''-'C explosives and fertilizer. 4i b. The processing of animal 'if by-products. c. Livestock feed lots. r5 d. Beer parlors, dance halls. e. Other uses which are dangerous or are offensive due : " to the emission of noise j smoke, fumes, or odors, orf EPA air standards. C. Area, Frontage, Setback, f Height of Building, Size of Building and Width of Build-' ing Requirements Same as for the C-2i.-oa Commercial Zone. D. Special Provisions ji'M 1. All establishments shall ' be operated in a manner that no noise, vibrations, smoke, irfi odor, dust or fumes is emitted which is discernable beyond i:t the boundary of the zone, t-except t-except for customary vehicular .; V noise. .-; 2. Prior to granting approval s of any use or structure, a site -j1 r plan showing the lot boundar- tries tr-ies and the location of all -z'i buildings, structures, drive-ways, drive-ways, parking areas, loading areas, and facilities, outside -; storage areas, fences, walls t and landscaped areas shall be : submitted to and approved by the Zoning Administrator. ;-j Said plan shall be in confor- yr mance with all applicable requirements. Subsequent oc-cupancy oc-cupancy of any building or t , area within the zone shall also require approval by the Zoning J; Administrator. ,y 3. Adequate off-street park- A ing shall be provided. Up to .... fifty (50) percent of the required front and side yard areas may be used to supply the off-street parking require- ments. , . 4. All front and sideyard r. areas adjacent to streets shall . . be landscaped except for permitted driveways and off- r street parking areas. 5. No wall, fence, opaque hedge, or screening material shall be placed in such a manner which would restrict the sight distance for vehicular t traffic, in the public right-of- ,.. way. 6. Adequate off-street park-ing park-ing and loading space to accommodate employees and , customers shall be provided on , the same lot or parcel as the . , principal use. ,' 7. Automobile wrecking and , salvage yards, when surround- j ed by a well-maintained ( sight-obscuring fence con-structed con-structed to a height of at least eight (8) feet so that the material stored in the enclosure enclo-sure cannot be observed from any street adjacent to the yard. ' 2-5-9 a-1 Agricultural Zone A. Intent : This zone covers that portion of the County which is most appropriately suited to raising of agricultural products f and the grazing qf livestock. The zone consists of tracts of ,fl the irrigated cropland and some open range surrounding Ihe urbanized portions of the County. It Is the Intent of this tone to promote the continued S use of land for agricultural and grazing purposes, and to N sxclude commercial or busi- less uses. In order to jccompllsh the objectives of his Code, the following ' egulations shall apply In the M Zone. " B. Permitted Uses. In an A-1 Agricultural Zone, io building or land shall be jsod and no building shall be (reeled which Is arranged, ntondod Or designed to be 0 isod for othor than one or note of the following usos: : 1 . One-family dwellings; Mobile homos located on ' lormanont foundation. V 2. Pinks, playgrounds and ' chools. 3 Agm-ultuial usps, faim-ig faim-ig ami truck gardening, (Cont on figi C.t) Nl II GAL NOTICE- ' s,( tiO pvtf C- '- " ',d f0' "M-"' V 'd.egul.uon.ot N ' CO"-' iwM i"'' nd television . cvv,1' , or rivMng ope- '. OuU' rur" ,nd '. wo! tv ,h t, Vi,j, silos end chur- .t coition! uCh cement and imxmg pim. ro,:k jmtj. OiitJoor theaters. 'uroeU nd the breeding, ol and ot r r-i,.ftnPPfO'J by tn jl Hlth. fur bearing - r-Ii. of" approved b : vitriol Hh. creamer - g.Vj'i p-"1 p4n-,nd --".--l tols hen 5 1 "t; i.nyxJ 6y the Board ol .. J condition! .'. Minimum Lot Size - One i Stbck. Height ot 11 jjjcing Requirements. Sam "s ,vt Rj.-dntil Zone. : Minimum Lot Wklth. t -.-.ti .d!h ol zoning lot l j-i hundred and Mty u :10 G-1 Grazing Zone t. Intent 4 rone covers that in xrcc of the County which Is 3 -c Kproc-nate'y suited to 1 i jt: g ol livestock. It is " - r:srt ol this zone to jrr: continued use ol rc "or j'limg purposes. In ": n to accomplish the 3 ; of thrs Code, the : sor-o, regulations shall n c.- i the G-1 Zone. B Pwmitted Use x- Sconcing or land shall be 1 ssrrd no building shaJI be ncsd which is arranged, B ;! or Intended to be jeC tor other than one or ynlt the following uses. 1 Aiy use permitted In A-1 lCjKjral Zone. 1 M.res and landing strips. r I Conditional Uses: Out- Jocr heaters, overnight camp- -mj, feed lots, quarries, I'fel pits, rock crushers, ' Bf4'i mixing plants, cement : "ivj plants and accessory ' Ja. when lirst approved by ol Adjustments as a sonal use. " C. Lot $iz n The minimum lot size (or all iw-irgj and other buildings, ": rxtjres and uses shall be ' (5) acres, except uses M in paragraph 3 above as tioral uses, in which case larrj ol Adjustments may S'STiine a suitable area. r- D. No building size recjuire-' recjuire-' -s are established lor line 1 a!P buildings or bunk r- E- Frontage, Setback, of Building Requlre- "nti. Same as A-1 Agricul- -li Zone. 2-5-11 F Flood Zone . Intent Th primary purp0se of the " Flood Channel Zone Is to the hazard to life and :rperty In times of flood by fsserving existing floodways. t B- fVmltted uses In an F Flood Channel Zone, " Gilding or land shall be "Wand no building shall be wd which is arranged, landed or designed to be J 'or other than one or ;( 'ol the following uses: Agricultural uses, larm-. larm-. y truck gardening, the '"fl 01 nursery stock, and lW0Ck wnen approved by , Board of Health. 1 Barn8' corral8i P6"8-toM P6"8-toM and other buildings t Iw"13' 10 ,arm operations Including buildings for occupancy.) Animals and fowl subject - &. rules and regulations of Board of Health. Revetments and other Protection structures. i '0Und?"C Park$ 8nd Play" C. Ut siz,, Yards, Build-ni Build-ni Improvements fc re are no regulations as kvi ! ,ize' fards. buildings p. 'Provements In an F l! Channel Zone. Existing nr.; ay' are ,0 preserved replaced by alternate ""W floodways. Chuptei 2 e LARGE SCALE DEVELOPMENTS 26 Cicineial Piovlslont A. Daclaiatlon ol Legltlatly Intmil. The Intont and purptse of the large scale development lobulations shall be: 1. To piovlde a moans tor ncouiaglng the orderly development devel-opment ot the county, 2. To permit maximum use ol water, soli, and other natural resources, consistent with the neod to conserve and protect such resources. 3. To promote the eltlclent use ol land. 4. To facilitate a more ecvmomlc arrangement ol buildings, circulation systems, land use, drainage and utilities. utili-ties. 5. To provide greater variety In building sites and living accommodations In a more wholesome environment that would otherwise be possible under conventional land development devel-opment procedures. 6. To Insure high quality construction within the development. devel-opment. 7. To establish the rights, duties, and responsibilities ot land developers with respect to the development ol land. B. Minimum Requirements. The requirements and conditions condi-tions set forth In this Zoning Code pertaining to each type of large scale development are the minimum requirements which must be Imposed In order to achieve the Intent and purposes as herein set forth. C. Large Scale Developments Develop-ments Permitted Type and Location Trie following types of large scale developments may be constructed, but may be located only In the zone(s) in which such development Is listed as a permitted use. 1. Planned unit developments. develop-ments. 2. Condominium projects. 3. Mobile home subdivision. 4. Subdivisions (as provided in Ordinance f 1 15). D. Procedure. Any person wishing to obtain approval to construct a large scale development devel-opment shall comply with the loltowlng procedures: 1. Initial Conference with Planning and Zoning Administrator. Adminis-trator. The developer shall nhfain frrm lh Plannlnn mrti Zoning Administrator, Information Infor-mation concerning the procedures, proce-dures, requirements, and documents doc-uments relating to the approval approv-al of a large scale development. develop-ment. 2. Developer Prepares Applies Ap-plies I ton for PreJImlnary Plan Approval. The developer shall complete an application for preliminary plan approval on forms furnished by the Zoning Administrator and shall Include In-clude all ol the maps, statements, documents and other Information required under the preliminary plan requirements of the applicable type of large scale development. develop-ment. 3. Developer Submits Application Appli-cation and Preliminary P'n- The developer shall submit two (2) copies of the application applica-tion for approval and all maps, charts, statements, documents and other Information requirea under the applicable preliminary prelimin-ary plan requirements together togeth-er with a review fee. In order for the development to be placed on the agenda, the application must be submitted to the Zoning Administrator at least fifteen (15) days prior to the regularly scheduled meeting at which the application Is to be considered. 4. Planning Commission Reviews and Takes Action on Preliminary Plans, Documents, Docu-ments, and Statements. The Planning Commission shall review the preliminary plans, documents and statements state-ments and shall act to approve or disapprove the proposal or approve it subject to modification. modifica-tion. The action of the Planning Commission shall be communicated commun-icated to the Board of County Commissioners within thirty (30) days following receipt of the application. Approval by the Planning Commission shall not constitute consti-tute final approval of the project, but shall be deemed as a positive recommendation ,o the Board of County Commissioners that a public hearing on the proposed project be advertised and held- i i 5 Planning Commission Submits Plans to Board of County Commissioners. Upon approval of the preliminary plan, documents and statements state-ments by the Planning Commission, Com-mission, two (2) copies shall be LEGAL NOTICE submitted for review by the Doaid of County Commissioners. Commission-ers. 6. Board of County Commissioners Commis-sioners Reviews Plans, Documents Docu-ments and Statements and Calls Public Hearing. The County Commissioners shall review the preliminary plans, documents, and statements snd shall advertise and hold a public hearing on the proposed prottct. Said hearing shall be called In the same manner as an amendment to this Code. 7. Board of County Commissioners Commis-sioners Takes Action on Preliminary Plans, Documents and Statements. Following the public hearing, the Board of County Commissioners shall act upon the preliminary plans, documents, and statements state-ments to approve, disapprove, or approve subject to modification. modifica-tion. II disapproved, no further action Is required. If approved subject to modification, the plans, documents, and statements state-ments shall be returned to the Planning Commission with Instructions that the developer should modify the plans, documents, and statements In accordance with changes recommended rec-ommended and resubmit the modified proposal to the Planning Commission for their review and recommendation. If approved, the preliminary plans, documents, and statements state-ments shall be returned to the Planning Commission with Instruction to authorize the developer to proceed to prepare and submit the final plans, documents and statements. state-ments. The preliminary plans and documents shall be valid for twelve (12) months from the date ot action by the Board ol County Commissioners. The time limit may be extended (or an additional year upon approval by the Planning Commission. Any extentlon ol time shall be officially requested request-ed In writing, and submitted to the Planning Commission office of-fice thirty-one (31) days prior to the end of the twelve months preliminary approval period. No construction shall be permitted until final plans have been approved by the Board of County Commissioners. 8. Developer prepares ana Submits Final Plans, Plats, Documents and Statements. After receiving authorization to proceed, the developer shall prepare and submit to the planning commission: a. Application for Final Approval. b. Two (2) linen or reproducible reprodu-cible tracing and four (4) copies of the final plat where required. c. Four (4) copies of the final plans. d. Three (3) copies of the final documents and statements. state-ments. e. Three (3) copies of an Itemized estimate of the cost of constructing the required improvements. im-provements. f. Evidence of payment of review and recording fee. All submissions shall be prepared In accordance with ,,,niv standards. In order for the development to be placed on the agenda, the final plans, plat, and documents must be submitted to the Planning Commission office at least seven (7) days prior to the meeting at which the plans are to be considered. g. Planning Commission Acts on Final Plat, Plans, and Documents. When the plans, plat, documents, cost estimates, esti-mates, and other materials required for approval have been completed In final form, the developer may make application to the Planning Commission and the Planning Commission will grant final approval after reviewing the final plan and ascertaining that: a The final plans conform substantially with those given preliminary approval. b. The final plat compiles with the requirements and standards relating to the applicable type of large scale development. c. The final documents comply with the ordinances relating to the applicable type of large scale development. d. The estimates of cost of constructing the required Improvements Im-provements are realistic. e Tax liabilities of the common open space (wherever a large scale development Involves the reservation of common open space) have been determined. Upon finding of approval, the chairman shall be authorized authoriz-ed to sign required final plats. 10. Developer Constructs Required Improvements or Posts Performance Guarantee. Upon approval ot the final plans, pints, and documents by the Planning Commission, the developer ahull construct the required Improvements or post perlormace guarantees In accordance with the provisions of Section 2 6-1-G. 11. Board of County Commissioners Com-missioners Acts on Final Plan, Plats, and Documents. Alter the Planning Commission has approved the final plans, plat, documents, cost estimates, and tax liabilities of the common open space, where applicable, a copy of the same shall be submitted to the Board of County Commissioners Commission-ers for Its approval. The Board of County Commissioners will review said plans, plat, documents, docu-ments, cost estimates, and tax liabilities and, subject to a properly presented motion by a member of the Board of County Commissioners, approve ap-prove said plans; execute all appropriate documents, agreements agree-ments and final plats; and accept all public dedications. Final approval by the Commission Commis-sion shall be by adoption and publication of an ordinance amending the official zone map to show and identify the area Included within the development. Upon adoption and publication of the ordinance, ordin-ance, the specific requirements require-ments of the underlying zone shall be considered modified In conformance with the said plans, plats, documents, and agreements as approved bv the Board ol County Commissioners. Commis-sioners. 12. County Records Plats and Documents. Upon passage and publication ol the amending amend-ing ordinance, the County shall record all final plats and legal documentation In the office of the County Recorder. 13. Amendments. The plans, plats, documents, and statements may be amended by following the same procedure proced-ure required for initial approval. approv-al. No change shall be made which is contrary to the standards and requirements of this Code. Any amendment of . a recorded final plat whlchn a recorded final plat which also qualifies as a subdivision shall not be approvea or recoraeo until the existing recorded plat has been vacated. E. Planning, Design, and Documentation Requirements The layout and design of all large scale developments and all plans, plats, documents, agreements, statements, and other required submissions shall be prepared In accordance accord-ance with County standards as directed by the Planning Commission. F. Construction Requirements Require-ments 1. Developer must construct Improvements In accordance with plans. All individual large scale developments shall be constructed In accordance with the approved final plans and all final plans, plats, documents docu-ments and agreements shall be binding on the developer, his successors, grantees, and assignee and shall limit the use of the land In the development as set forth In the approved plans, documents and agreements. In the event that the developer performs construction work which Is not in accordance with approved final plans, the County Engineer Engin-eer or other authorized representative repre-sentative shall cause further work to be discontinued and the Board of County Commissioners Commis-sioners shall obtain compliance compli-ance or shall revoke all permits relating thereto. 2. Developer must construct Improvements within permitted permitt-ed time period. All Improvements Improve-ments required under the terms of the applicable type of large scale development shall be constructed within the time period specified for the duration dura-tion of the guarantee of performance, except that the Board of County Commissioners, Commission-ers, upon recommendation of the Planning Commission, may require the developer to install the landscaping on all or part of the common open space or to construct other specific required Improvements Improve-ments on all or part of an approved large scale development develop-ment within a time period which is less than the maximum time period specified, speci-fied, but which shall not be less than six (6) months from the date of said approval. If no development has occurred pursuant to the adopted plan within twelve (12) months after the date of final approval, LEGAL NOTICE the Boiird ol County Commissioners Commis-sioners may revoke any building permits Issued and Initiate proceedings to ropeul ull approvals lor the prooct. 3. Stage Construction Permitted. Per-mitted. Development may be curried out In progressive stages, provldod assurance Is given to the Board of County Commissioners that the requirements re-quirements and Intont of this Code with respect to each stugo, ahull bo fully complied with. Each stage shall be considered as a soparate application. 4. Developer responsible for quality ol construction. The dovelopor shall be responsible lor the quality ot all materials and workmanship. G. Guarantee ol Performance 1. Large Scale Developments Develop-ments Using Bonds or Other Financial Guarantees a. Type and Amount of Guarantee. Tho type of performance perfor-mance guarantee submitted by the developor shall be In the form of a (1) cash doposlt, (2) bond, or (3) mortgage, executed execut-ed In the favor of the County on real property which Is unrelated to the proposed prooct. The amount of the guarantee shall be In an amount or value equal to 110 of the cost of the required Improvements. b. Duration. The duration of the bond or other assurance shall be for two years from the effective date of ordinance approving the large scale development. An extension of time may be granted by the Board of County Commissioners upon application by the developer, provided such application Is submitted at least sixty (60) days prior to the expiration of the bond, and provided the Issuer of the bond Is willing to extend the time of the assurance. The Board of County Commissioners Com-missioners may upon appeal of the developer grant a limited extension of the time limit, not to exceed ninety (90) days, without the necessity of filing the sixty (60) day notice as required above, when it is determined by the Board of County Commissioners that failure to perform Is due to conditions beyond the control oi me aeveioper. c. Default. In the event the developer is In default or fails or neglects to satisfactorily Install the required Improvements Improve-ments within two years from the date of approval of the ordinance by the Board of County Commissioners, or obtain an extension of the time limit, or to pay all liens In connection with the development, develop-ment, the Board of County Commissioners may declare the bond or other assurance forfeited and the County may Install or cause the required Improvements to be Installed using the proceeds from the collection of bonds or other assurance to defray the expense ex-pense thereof. d. Final Disposition and Release. The subdlvlder shall be responsible lor the quality of all materials and workmanship. workman-ship. At the completion of the work, or not less than ten (10) days prior to the release date of the bond or other assurance, whichever is first, the County Engineer shall make a preliminary prelim-inary Inspection of the Improvement Im-provement and shall submit a report to the Board of County Commissioners setting forth the conditions of such facilities. facili-ties. If all liens are paid, and other conditions thereof are found to be satisfactory, the Board of County Commissioners Commission-ers shall authorize release of the bond or other assurance. If the condition of material or workmanship shows unusual depreciation or does not comply with the acceptable standards of durability or if any outstanding liens are not paid, the Board ol County Commissioners may declare the subdlvlder in default. 2. Large Scale Develon-ments Develon-ments lor Which Final Approval Ap-proval is Withheld Pending Construction a. Duration of Period. The period of time for which final approval may be withheld from a large scale development develop-ment plan shall be not more than one hundred (100) days. An extension of the time, not to exceed ninety (90) days, may be granted upon application applica-tion of the developer to the approving authority submitted at least sixty (60) days prior to the scheduled action date. b. Inspection ol Improvements. Improve-ments. Upon notification ol completion of required im provements or not loss than ton (10) days prior to the scheduled date for action on a withhold large scale development develop-ment plan, whichever is first, the County Englneor shall make a preliminary Inspection of the Improvements and shall submit a report to the Board ot County Commissioners sotting forth tho condition of such facilities. If all liens are paid and the condition of said Improvements are found to be satisfactory, the Board of County Commissioners shall authorize the Chairman of the Board of County Commissioners Commission-ers to grant final approval for said large scale development to execute all required signatures signa-tures and to publish the amending ordinance as required re-quired by law. If the developer falls to construct the required Improvements Im-provements within the specific time, or falls to obtain an extension of said time limit, or If the condition of material or workmanship shows unusual doproclatlon or does not comply with acceptable standards stand-ards ot durability or If any outstanding liens are not paid, the Board of County Commissioners Commis-sioners may: (1) Require that said Improvements Im-provements be constructed or reconstructed prior to author-Izina author-Izina the recording of any ordinance, or Issuance of any building permits, or (2) Refuse to authorize the publishing andor recording of any ordinances or documents and to withhold all occupancy and building permits. H. Continuing Obligation It shall be the obligation and duty of the developer or his successors or assignees to carry out the conditions made applicable to the development plans, documents, and agreements. agree-ments. In case of failure or neglect to comply with any and all of the conditions and regulations as herein established, estab-lished, and as specifically made applicable to a large scale development, neither the County Engineer, Building Inspector, Zoning Administrator, Administra-tor, nor the Planning Commission Commis-sion shall issue a certificate of zoning complianc therefore. Such failure or neglect to comply with the construction anH nn-nninn renulrfiments as herein set forth or to maintain the buildings and premises in accordance with conditions of approval of the plans, documents, docu-ments, and agreements, or to maintain the impound account as required shall also be deemed to be a violation of this Code and a breach of agreement between the developer, devel-oper, his successors or assignees, assign-ees, and the County. I. All Regulations Essential. All of the regulations relating to the large scale developments develop-ments are the minimum regulations that are needed to carry out the purpose and intent of this section. J. Standards may be Increased. In-creased. The Planning Commission Com-mission may increase standards stand-ards where it is determined that such increased standards are necessary in order to insure that the development will mesh harmoniously with adjoining or nearby uses of properly and are necessary to carry out the intent of this section. K. Sale of Property Under Condominium Ownership Act. Where all or part of a large scale development is to be sold under the provisions of the Condominium Ownership Act as set forth In Title 57-8 of Utah Code Annotated 1953, as amended, said development shall be submitted and approved approv-ed in accordance with the provisions of Section 2-6-1 and 2-6-3 of this Code. This requirement shall be in addition addi-tion to all other requirements. L. Recording Unapproved Plan, Plat or Document Unlawful. Unlaw-ful. It shall be unlawful to record any plan, plat, documents, or statements for a large scale development or any amendment amend-ment thereto in the office of the County Recorder unless the same shall bear thereon final approval of the Planning Commission and Board of County Commissioners as required by the terms of this Code. Any owner, or agent of any owner, of land which is located within a purported large scale development who transfers or sells any land or structure in such purported large scale development before be-fore the plan is given final approval by the Planning Commission and Board of County Commissioners and recorded in the office of the LEGAL NOTICE County Recorder shall be guilty of a misdemeanor for each lot or parcel of land or structure so transferred or sold. M. Standards and Specifications Specifica-tions to be Prepared The Planning Commission shall have the responsibility for preparing standards, specifications, speci-fications, and typical examples for the design, quality, and context ol all required plans, plats, Improvements, and legal leg-al documents. Said standards and specifications shall be adopted by resolution by the Board of County Commissioners. Commission-ers. Said requirements shall bo considered minimum and shall apply to all large scale developments under all ordinary ordin-ary circumstances; provided, however, that where the developer can show that a provision of these standards and specifications would cause unnecessary hardship If strictly strict-ly adhered to and where, because of topographical or other conditions pecullarto the site, In the opinion of the Planning Commission, a departure de-parture may be made without destroying the Intent of such provisions, the developer shall submit the proposed variance to the Board of Adjustments, which may authorize a variance. var-iance. Any variance so author-l7d author-l7d shall he stated on the final plat and the reasons for such departure shall be entered In writing in the minutes of the Planning Commission. 2-6-2 Planned Unit Developments Develop-ments A. Intent. The Intent of this section is to establish guidelines guide-lines dealing specifically with design, construction, and operation op-eration of planned unit developments. devel-opments. These provisions shall be supplemental and in addition to the general requirements re-quirements for large scale developments contained In section 2-6-1 of this Ordinance. Ordin-ance. B. Permitted Uses. Uses permitted In planned unit developments shall be limited to the following: 1. One-, two-, and multiple-family multiple-family dwellings Including residential condominium projects pro-jects depending on the zone In which the development is located. l. nesioennai accessory structures. 3. Family day-care centers, foster care homes and family care homes. 4. Primary and secondary schools. 5. Churches and other structures for religious worship. wor-ship. 6. Common areas and recreational facilities including golf courses, swimming pools, tennis courts, clubhouses, recreational buildings, landscape land-scape parks, and similar recreation facilities for the use and enjoyment of all residents. 7. Agriculture. 8. Driveways, streets, fences, walls, utility systems and facilities, common storage areas, ponds, landscape features fea-tures and similar uses and structures incidental to the main use. C. Area, Density, and Dwelling Units per Building. The area, density, and maximum maxi-mum number of dwelling units within a building shall be in accordance with the following schedule: Min. Area In Development Zones (In Acres) All Zones 5 Max. No. of Dwelling Units Zones per Acre All Zones 20 D. Approval Procedure. Any person, partnership, firm, or corporation wishing to obtain approval to construct a planned plann-ed unit development shall follow the procedure outlined in Section 2-6-1-D of this Code. E. Required Improvements. The fnllnwinn ImnrnuAmanle . a .. . r,, v , w, , lw, shall be constructed by the developer in each planned unit development, in accordance with County standards. 1. Streets, driveways, and parking areas which shall be graded, graveled and hard-surfaced. hard-surfaced. 2. Curbs, gutters and walkways. 3. Drainage and flood control structures and facilities. facili-ties. 4. Both off-site and on-site water mains. 5. Both off-site and on-site sewer mains. 6. Fire hydrants. 7. Permanent survey monuments. 8. Gas, electric and telephone tele-phone lines (which shall be placed underground). 9. Landscaping In the common area. 10. Sprinkling or other suitable Irrigation systems. 11. Fences, walls, and all other common areas, facilities, systems, and structures proposed pro-posed for the development as shown on the final plans. 12. Common storage area. 13. Street lighting. Developers may Install other Improvements, however, the construction of other Improvements Improve-ments shall not be required as a condition of approval of a planned unit development. F. Documentation Requirements. Require-ments. The following documents docu-ments shall be prepared and submitted by the developer for each planned unit development. develop-ment. 1. Articles of Incorporation for property owners' association. associa-tion. 2. Corporation by-laws. 3. Covenants, conditions, restrictions and management policies. 4. Management agreement. 5. Open space easement. 2-6-3 Condominium Projects A. Declaration of Intent. The Intent of this section is to establish guidelines dealing specifically with design, construction con-struction and operation of condominium projects. These provisions shall be supplemental supple-mental and In addition to the general requirements for large scale developments contained in Section 2-6-1 of this Ordinance and also the requirements re-quirements of Section 57-8 of the Utah Code Annotated, 1953 as amended. B. Permitted Uses. Uses permitted within a condominium condomin-ium project shall be limited to those uses specifically permitted permitt-ed within the zone in which the project is located. C. Approval Procedure. 1. Where a condominium project qualifies as a planned unit development, approval of said project shall follow the procedure outlined for a planned unit development (see Section 2-6-1-D of this Code). 2. Where a condominium project is of a type other than a planned unit developoment, all required documentation shall be referred to and approved by the Planning Commission and the Board of County Commissioners and recorded In the office of the County Recorder. The procedure proce-dure to be followed shall be similar to that for planned unit developments except that public pub-lic hearings shall not be required. D. Standards and Conditions. Condi-tions. All condominium projects pro-jects shall conform to all applicable requirements for such projects as set forth under Chapter 57-8 of the Utah Code Annotated, 1953, as amended. Such projects shall also conform to the following additional requirements as applicable. 1. Where the condominium project qualifies as a planned unit development, said project shall conform to the requirements require-ments for a planned unil development as set forth lr this Code. 2. Where the condomlniun-project condomlniun-project does not qualify as planned unit development said project shall conform t( all applicable requirements foi the zone In which it Is locate and all documentation require ments Identified for planner unit developments as appli cable. E. Supplementary Require ments. It shall be unlawful t record any record of surve map or declaration of condominium project in th office of the County Recorde unless the same shall bea thereon final approval of th Planning Commission an Board of County Commissior ers as required by the terms c this Code, and any record c survey map or declaration s recorded without such approv . al shall be null and void. An owner, or agent of any owns of land which is located withi a purported condominiui project who transfers or sel any land, structure or condi minium unit in such purporte condominium project befoi obtaining final approval by U Planning Commission ar Board of County Commissio ers on the record of survi map and declaration ar recording the same In tl office of the County Record shall be guilty of a misd meanor for each lot, parcel land, structure or condoml (Cent, on Page C4) LEGAL NOTICE (Cont. from Page C3) lum unit so transferred or sold. Chapter 2-7 SUPPLEMENTARY DEVELOPMENT STANDARDS 2-7-1 Intent The Intent of this chapter Is to provide for several miscellaneous miscel-laneous land development standards which are applicable In more than one zone. The requirements of this chapter shall be in addition to development standards contained con-tained within the various zones. Where the provisions of this chapter may be In conflict with other provisions of this Code, the more stringent shall prevail. 2-7-2 Yard Space For One Building Only All required yards shall be situated on the same lot as the building or structure to which it applies. No required yard area or other open space around an existing building which is needed to comply with the setback or open space requirements of this Code shall be considered as providing provid-ing the required yard area or setback or open space for any other building; and no required requir-ed setback, yard area or other required open space on an adjoining lot may be considered consider-ed as providing the setback, yard or open space on the lot where a building is to be erected or constructed. 2-7-3 Sale or Lease of Required Space Prohibited No space needed to meet the area, frontage, width, coverage, cover-age, off-street parking, frontage front-age on a public street, or other requirement of this Code for a lot or building may be sold, bequeathed, or leased apart from such lot or building unless other space so complying comply-ing is provided, nor shall any land be sold which will result in an existing or future lot for dwelling purposes that does not comply with all of the provisions of this Code. 2-7-4 Every Dwelling to be on a Zoning Lot Only one building which contains a dwelling unit shall be located and maintained on a zoning lot as defined in this Code, except for dwellings within a large scale development. develop-ment. " 2-7-5 Area of Accessory Buildings Accessory buildings shall cover not more than twenty-five twenty-five (25) percent of the , required rear yard area. 2-7-6 Accessory Building Prohibited as Living Quarters Living and sleeping quarters shall not be permitted In any accessory building in any Residential Zone. 2-7-7 Storage ol Junk and Debris Prohibited No yard or other open space shall be used for the storage of junk, debris, inoperable or wrecked vehicles; and no land shall be used for such purposes, except as specifically specifical-ly permitted herein. 2-7-8 Yards to be Unobstructed Unobstruc-ted - Exceptions Every part of a required yard shall be open to the sky and unobstructed except for permitted accessory buildings and except for ordinary and customary projection of sills, belt courses, cornices, and other ornamental features and unenclosed steps and unwall-ed unwall-ed stoops, porches and carports, car-ports, which may project up to four (4) feet into a required yard. 2-7-9 Exception to Front and Side Setback Requirements The setback from the street for any dwelling located between two existing dwellings dwell-ings may be the same as the average for said two existing dwellings, provided the existing exist-ing dwellings are on the same side of the street, and are located within one hundred fifty (150) feet of each other. 2-7-10 Effect of Street Plan Wherever a front or side setback is required for a building, which building abuts on a proposed street which has not been constructed, but which has been designated by the Planning Commission as a future street, the depth of such front or side setback shall be measured from the planned street lines. 2-7-11 Public buildings and -churches may be erected to ; any height provided the . building is set back from required building setback lines a distance of at least one (1) foot for each additional foot of building height above the maximum height otherwise permitted in the zone in which the building is located. 2-7-12 Location of Barns No barn, corral or coop shall be constructed closer than one hundred (100) feet to any existing dwelling nor shall any corral, pen or coop be constructed or maintained closer than twenty (20) feet to any open waterway that drains into a natural stream. Surface drainage from corrals, pens, or coops shall not be permitted to drain into a waterway that drains into a natural stream. 2-7-13 Drainage LEGAL NOTICE Surface water from roof tops shall not be aflowed to drain onto adjacent lots. 2-7-14 Fences, Walls and Hedge No fence, wall or hedge shall exceed eight (8) feet in height provided, however, that In any required front yard or side yard which fronts on a street, no fence, wall or hedge shall exceed three (3) feet in height. Irrespective of any other provisions of this or other Codes, before commencing construction, plans for all Sight-obscuring fences and walls shall first be submitted to and approved by the Zoning Administrator. All such slght-obscurlng slght-obscurlng fences and walls shall be constructed of substantial sub-stantial material and the design and construction of said fence or wall shall be consistent with the quality of dwellings and other improvements improve-ments within the surrounding area as determined by the Zoning Administrator. No fence shall be constructed which prohibits direct and convenient access to a fire hydrant or which obstructs the proper and effecient operations opera-tions of a hydrant. 2-7-15 Pollution Prevention Any use shall be prohibited which emits or discharges gasses, fumes, or other pollutants into the atmosphere in amounts which exceed the standards as prescribed by the Utah State Air Conservation Board, the Board of Health, or such appropriate body as may be appointed by the Board of County Commissioners. Any use snail also be prohibited which emits or discharges liquids or solid material onto .the soil or water In amounts .wnieh reeult In pollutants entering any water or drainage system In amounts exceeding the standards prescribed by the Utah State Water Pollution Control Board or the State Board of Health. 2-7-18 Concessions In Public Parks and Playgrounds Concessions, including but not limited to amusement devices, recreational buildings, build-ings, and refreshment stands, may be permitted In a public agency park or playground when approved by the Board of County Commissioners. 2-7-17 Utility Buildings and Structures Permitted In Residential Resi-dential Zone Utility buildings and structures struc-tures such as electric buildings and substations may be constructed In all residential zone but only after approval has been given by the Board of Adjustment as a special exception. The Board of Adjustment may require surrounding sur-rounding property values and residential amenities. 2-7-18 Reserved 2-7-19 Off-Street Parking A. Intent The following regulations are established to Increase safety and lessen congestion In the public streets, to provide adequately for parking needs associated with the development develop-ment of land and increased automobile usage, to set standards for off-street parking park-ing according to the amount of traffic generated by each use, and to reduce the on-street storage of vehicles; B. Number of Spaces The following required off-street off-street parking spaces for the particular use are the minimum mini-mum requirements; 1. One-family dwelling and individual mobile homes, two (2) spaces. 2. Two-family dwellings, four (4) spaces. 3. Multiple-family dwellings, dwell-ings, one and one half (Vi) spaces per dwelling unit. 4. Apartments and boarding and rooming houses, one (1) space per occupant. 5. Convalescent, nursing homes and other such Institutions, Institu-tions, one (1) visitor space per three (3) patient beds; plus one (1) space for each employee. 6. Motels, one (1) space per room plus one (1) space per employee. 7. Private clubs and lodge halls, one (1 ) space per two (2) persons. 8. Commercial recreation, one (1) space per two (2) persons. 9. Churches, one (1) parking space per three (3) seating spaces. 10. Theaters, auditoriums, sport arenas, and places of assembly, one (1) space per two (2) persons. 11. Mortuaries, thirty (30) spaces or one (1) space per twenty-five (25) feet of floor space in assembly rooms. 12. Medical clinics, four (4) spaces per doctor, one (1) space per non-doctor employee. employ-ee. 13. Restaurants, taverns, and lounges, one (1 ) space per two hundred (200) sq. ft. of floor area. 14. Professional offices not specifically mentioned, one (1) space per two hundred (200) sq. ft. of office area. 15. Government bulldln;., -LEGAL NOTICE one (1) space per each employee plus one (1) space per two hundred (200) sq. ft. of floor area. 16. Retail stores and other shops, five and one half (5Vi) spaces per one thousand (1000) sq. ft. of floor area. 17. Drive-Ins (retail), twelve (12) spaces or sufficient off-street parking spaces to accomodate all patrons, whichever which-ever Is greater. No patron may be served in automobiles which are parked on public streets. 18. Industrial, manufacturing manufactur-ing wholesale establishments, one (1) parking space per two (2) employees based on the largest shift. 19. Uses not mentioned, to be determined by Board of Adjustment as special exception excep-tion to the Ordinance. C. Location and Control of Parking Facilities. The off-street parking facilities facili-ties required by this Code shall be located on the same lot or parcel of land as the use they are Intended to serve, except that In cases of practical difficulty for uses other than dwellings, the Board of Adjustment Ad-justment may approve a substitute location which meets the following conditions as a special exception to this Code: 1. All or part of substitute location must be on an adjacent lot, or within two hundred (200) feet from the main use measured along or across a public street. 2. The substitute lot must be In the same possession as the use it Is intended to serve and must be maintained as long as the use or structure exists. Such possession may be by deed or long-term lease and should run concurrently with the building or use. Where one or more parcels or tracts of land are not a part of the plot on which the principal use Is situated, the applicant for a permit for the principal use shall submit with his application appli-cation for a building permit an instrument duly executed and acknowledged, which subjects said parcels or tracts of land to parking uses In connection with the principal use for which it Is made available. The applicant shall deposit the necessary recording fee and, upon the issuance of a building permit, the Inspector shall cause said Instrument to be recorded in the office of the County Recorder. D. Design and Operation of Parking Facilities. Off-street parking facilities shall be designed and operated operat-ed in accordance with County standards. E. Landscaping Required Surrounding Off-street Parking Park-ing Space. In Residential Zones, all off-street parking lots for five (5) or more vehicles shall be bordered by a curb and hedge as directed by the Building Inspector. A landscaped strip of at least three (3) feet In width may be substituted in lieu of a hedge. F. Continuing Obligation The required off-street parking park-ing and loading facilities shall be a continuing obligation of the property owner so long as the use requiring vehicle parking or vehicle loading facilities continues. It shall be unlawful for an owner of any building or use to discontinue or dispense with the required vehicle parking or loading facilities without providing other vehicle parking or loading area which meets the requirements of this Code. 2-7-20 Motor Vehlcf Access Standards Access to all lots and parcels of land having frontage on public street shall be controlled controll-ed as follows: 1. Driveways in commercial . zones shall be not closer' to each other than twenty (20) feet unless a greater distance Is required elsewhere In this Code. 2. Each driveway shall be not more than thirty (30) feet In width in any commercial or Industrial zone measured at right angle to the center line of the driveway, except as Increased by permissible curb return radii. In Residential Zones, driveways shall be not more than twenty (20) feet In width, 3. On corner lot, no driveway shall be closer than twenty-five (25) feet to the point of Intersection of the front property line with the side property line which abuts upon a street. 2-7-21 Landscaping Standards Stan-dards A. Intent The purpose of the landscaping land-scaping standards and requirements re-quirements shall be to enhance, en-hance, conserve, and stabilize properly values by encouraging encourag-ing pleasant and attractive surroundings and thus create the necessary atmosphere for the orderly development of a pleasant community. Landscaping Land-scaping also contributes to the relief of heat, noise, and glare through the proper placement of green plants and trees. B. Landscaping Required "'ucnv LEGAL NOTICE V Scope of Requirements. Where landscaping is required, requir-ed, such landscaping shall comply with the requirements Of this Code for the specific use and location. 2. Maintenance. Required landscaped areas shall be maintained in a neat, clean, orderly, and healthful condition. condi-tion. This is meant to include proper pruning, mowing lawns, weeding, removal of litter, fertilizing, replacement of dead plants and the regular watering of all plantings. 3. Screening Requirements. Where landscaped screening is required, said screening shall consist of evergreen or other . appropriate shrubs, closely spaced and maintained at substantially the specified height of said required screening. screen-ing. When not otherwise specified, natural screening shall be maintained at a height of from four (4) to six (6) feet. 4. Plot Plan Required. Where landscaping plans are required to be submitted, said plan shall consist of a plot plan showing the proposed landscape land-scape development, watering system and use of the property shall be submitted to the Zoning Administrator. The same plot plan used to show parking layout of other requirements re-quirements for the issuance of a building permit may be used to show the type and size of plant materials, structures, and other features to be included, provided the features fea-tures are detailed adequately. The Zoning Administrator or his authorized representatives may disapprove such plans if they determine that such plans re not adequate or If they are Inconsistent with the purposes of this Code. 2-7-22 Temporary Uses A. Intent The following regulations are provided to accomodate certain uses which are temporary tempor-ary or seasonal in nature and are therefore not listed as regular permitted uses. B. Permitted Temporary Use Certain uses may be permit-led permit-led on a temporary basis in any zone when approved by the County Commissioners. Said temporary uses may include but will not be limited to: 1. Carnivals and circuses 2. Christmas tree sales lots 3. Flower stands 4. Promotional displays. 5. Tents for religious services. servi-ces. 6. Political rallies. C. Application lor U," ry Use ' p, Prior to the establishment 0V any temporary use, an appica. tion for a temporary ',.! permit shall be submitted tc."i and approved by the Board ol County Commissioners. Sai application shall contain thf'. following information: ' M ; 1. A description 0f th( ,t, proposed use. , H 2. A description of tht'jtu property to be used, rented leased for the temporary use' including all information neci! essary to accurately portray the property. r 3. Sufficient information tpj determine the yard require-""1 ments, sanitary facilities, anL availability of parking space tc . service the proposed use. 'f D. Approval Required : The Board of County Com- missioners may approve said'- application in granting ( temporary use permit if tht"., Commissioners make the toVf't lowing findings: , 1 . That the proposed use ii'., ) listed as a permitted tempor-", ary use or in the opinion of thf Board of County Commission-''' . ers is similar to those usw'-! permitted. 2. That the proposed um' will not create excessive traffic hazards or other unsaf(! conditions in the area, and that' where special traffic control ii'"1 required, it will be provided at f the expense of the -pplicant. 3. That the proposed us'" shall occupy the site for 1 period not to exceed ten (lo;r" days. Except for Christmas tree lots which shall nor' exceed forty (40) days. 1 : 4. That the applicant will have sufficient liability insur-!f ance for the requested use or-r' event. 5. That the applicant shall" provide, at his own expense,-1' for the restoration of the site.to-"1" its original condition including clean-up and replacement ofn facilities as may be necessary."! 6. The Board of County' Commissioners may approve a-' use upon a finding "that the above requirements will bej: met. In granting approval, the ' Board of County Commis-' sioners may attach additional"'1 conditions as they deem r appropriate to insure that the" r use will not pose any detri- 3 ment to persons or property.' Such as limitations on hours of"" operation or a shorter time " period than the maximum'"' specified. The Commissioners'' may also require a bond toT insure that necessary clean-upt-J or restoration work will bef performed. rn I' ' -IfrtAL NOTICE B.X.J of County ,ulvi:. the ' ummut''0' to iHuf y ' j of County Commit . Wh.n In th. yi tha Administrator, ''vwd tmpo(ry um tr tWV Criteria ' at such P M ''yliilhndllnfl , H" Occupation onions may be t,y the Zoning following ra-ajpiwtlon ra-ajpiwtlon tor such suclect ,0 ,h seditions: '.' t Kr occupation It .j in tn rone. ' nofn occupation I mtlraty within a ' ". ird H carried on In , j "o occupation ' p,vetYt tt ua of any i fcjildings or yard ' wnorac of actlvltlaa , .VtKdoaHlng- Y fyn occupation ; no facllltlaa for ( ;i;iy of goods or ,.0. Any a.'a of good , r rc constitute a - Asocial Part of tha , jtcmltM home occupa- ; r .; commercial vahlclaa , tt cCt ona delivery . ,Jfcfi does not exceed ton rstad capa- f i- Nht occupation Is r 'Mental and aecond- ot tha dwelling i g purposes and W sM"i tha character vd-g from that of a trt llmitad to ona r "id n not 'argar In N-r ro hundred twenty-. twenty-. :2 c-ni Inches. i c rnort than the , i-.irt of tnty-five per-. per-. r 21 of tha ground floor . "iJ2ling It devoted , :t xr occupation. i N otmer of a home . tcn ihail purchase a license to operate itm County. : Evince to tha home iufi from outside shall I n" entrance normally - K Sy tta residing family : un n required other-: other-: 't.::ion of the State v Decartmant or other tcijency. 11. The physical appear-anco. appear-anco. traffic and other aotlvl-tles aotlvl-tles In connection with the home occupation aie not contiary to the Intent of the zone In which the home occupation Is located and do not depreciate surrounding values as determined by the Zoning Administrator. B. Conditions May be Imposed In order to achieve the obectlvea of the lone and to protect adjacent properties, the Zoning Administrator may, In approving a home occupation, attach conditions to the operation of a home occupation. C. Continuing Obligation All home occupations shall be operated In compliance with tha conditions hereinabove herein-above set forth and any other conditions attached as part of the approval. A permit for home occupations occupa-tions shall be valid for a period ol one (1) year and will be automatically renewed annually an-nually provided that operation of the home occupation Is substantially the same as approved by the Zoning Administrator. 2-7-24 Recreation Vehicles and Mobile Homes Pronlblted-Eiceptlons Pronlblted-Eiceptlons It shall be unlawful to place any recreation vehicle on any lot or parcel of land In the area covered by the zoning map and to use the same for human habitation, except when located locat-ed In a recreation vehicle court. It shall be unlawful to place a mobile home on any lot or parcel of land In an area covered by the zoning map and to use the same for human habitation, except In compliance compli-ance with one or more of the following conditions. A. When temporarily located locat-ed on a lot on which a building Is being constructed and connected to approved water and sewer facilities, but not to exceed one (1) year. Temporary Tempor-ary permit required. B. When placed on a zoning lot that compiles with the regulations of the zone In which the mobile home It located provided: 1. Individual mobile homes are listed as a permitted use within the zone. 2. The mobile home meets all area, width, location, size and width of building, and special provision requirements i applicable to dwellings In the zone. 3. Tne mobile home is LEQAL NOTICE connected to an approved water supply and domestlo sewage disposal facility. 4. The mobile home Is constructed In accordance with the building code for mobile homes In effect In the County. 5. The mobile home Is placed upon a permanent masonry type foundation. 8. The mobile home will be entered upon the tax rolls of the County as real property as evidenced by a letter or other proof from the County Assessor. Asses-sor. 2-7-25 Moved Buildings A. Intent Since moved buildings have often been constructed In a time period prior to the adoption of a building code, and are frequently left In an unsafe and unattractive condition, condi-tion, extra precautions shall be taken to Insure that the buildings meet the code and that the appearance of the premises Is In keeping with buildings In the surrounding area. This section does not Include new prebullt or factory built homes that have an Inspection made by a qualified building Inspector and an Inspector's certification card. B. Standards and Procedures Proce-dures No permit shall be Issued for the moving of any building which has had prior use, from one site within the County to another site within the County, or from a site outside of the County to a site within the County without a prelnspec-tion prelnspec-tion being made of the building by the Building Inspector prior to moving. The fee schedule for this preln-spection preln-spection is as follows: For a building located within the County, five (5) dollars. For a ' building located outside the County, thirty-five (35) dollars, dol-lars, plus the current County Mileage rate per mile computed comput-ed from the Building Inspection Inspec-tion Department's Office to the site of the building to be moved and back again to the office of the Building Inspection Inspec-tion Department. These preln-spection preln-spection fees shall be payable In advance of the Inspection. Application The following Information shall be filed with the Building Inspector at the time the application Is made: a. Location and address of the old and new site. b. Plot plan of the new location, also showing adjacent adja-cent lots on all sides of the property and Indicating all structures and Improvements on said lots. c. Plans and specifications for the proposed Improvements Improve-ments at the new location, Including plans for landscaping. landscap-ing. d. Photographs of the buildings to be moved. 2-7-29 Vacation Vehicle Courts Vacation vehicle courts may be constructed upon approval of the Planning Commission subject to the following conditions. condi-tions. A. Vacation vehicle courts are listed as a permitted use within the zone. B. The proposed site contains con-tains an area of at least one (1 ) acre. C. A plan showing the design and layout of the proposed court shall have been submitted to and approved by the Planning Commission. Said plan shall be prepared In accordance with County standards stand-ards as directed by the Planning Commission. The Planning Commission may attach reasonable stipulations on the construction and operation as a condition of approval. D. All vacation vehicle courst shall provide adequate service facilities and shall comply with Section V-3 and Section II-7 of Code of Camp, Trailer Court, Hotel, Motel, and Resort Sanitation Regulations Regula-tions of the Utah State Division of Health. E. Adequate assurance shall be given that the court will be constructed and operated In accordance with plan and stipulations attached. F. An annual license to operate shall be obtained from the County. It shall be unlawful to operate a vacation vehicle court without first obtaining a license from the County and said license shall be refused or revoked upon failure of the owner andor operator to maintain the court in accordance with the standards stand-ards and requirements as set forth at the time of approval. 2-7-27 Mobile Home Parks A. Intent It Is the Intent of these Mobile Home Park provisions to provide a mechanism whereby the mobile home as a dwelling type can be made to provide housing for families under healthful circumstances, circum-stances, with little or no loss to Individual or community values. val-ues. The mobile home park Is a special residential facility specific-ally designed to accommodate accommo-date mobile homes and other LEGAL NOTICE- movable dwellings that meet the plumbing, healing and electrical syatom requirements as set forth In the State Code for Mobile Homes. Anyone desiring to undertake under-take a development under these provisions must keep the fact foremost In mind that the development Is primarily residential resi-dential In nature and that the recreational, commercial or other activities are merely Incidental to the primary residential purpose. B. Mobile Home Parks Permitted In Certain Zones In Zones In which Mobile Home Parks are permitted, the owner of a tract of land containing the required area may construct a Mobile Home Park thereon upon compliance with the regulations and restrictions In this Code. C. Permitted Uses Permitted uses shall be limited to the following: 1. Mobile Homes which comply with the Utah State Mdblle Homes Codes. 2. Modular housing units. 3. Accessory uses, Including swimming pools, car ports, storage buildings for personal and household Items, convenience conven-ience establishments, child care centers, club houses, recreation buildings, and private pri-vate golf courses. D. Plans Required Preliminary plans of Mobile Home Parks shall be submitted submitt-ed to the Planning Commission. Commis-sion. Said plans shall show the following Information: 1. Proposed layout of the park. 2. Types of mobile homes and other buildings and structures and the location of said mobile homes and structures struc-tures on the mobile home site. 3. Location and size of existing and proposed water and sewer lines and other utilities. 4. Typical cross sections of roads. 5. Location and dimensions of curbs and sidewalks. 6. Drainage features, showing show-ing how the surface drainage will be handled. 7. Layout of a typical mobile home space. 8. General planting plans showing the areas to be landscaped and the types of plants and architectural features fea-tures to be used. 9. Tabulation showing: a. Total number of acres In the proposed development. b. Number of mobile homes. c. number of mobile homes per acre. d. Number of off-street parking spaces. e. Percentage of the area to be used for off-street parking. f. Percentage of area to be devoted to roadways. g. Percentage of area to be devoted to parks, playgrounds, play-grounds, and other common facilities. h. Any other data or Information required by the Planning Commission. E. Design Criteria 1. There shall be architectural architect-ural unity and harmony within the development and with the surrounding area. 2. Grouping and spacing of buildings shall provide for a restful and uncrowded environment. envi-ronment. Landscaped area, rather than off-street parking areas, shall be the dominant feature of the development. F. Standards and Conditions 1. No less than ten (10) percent of the gross area of the project shall be designated for parks and playgrounds for the use of occupants. The land covered by vehicular roads and off-street parking and the yards surrounding mobile homes which constitute open space pertinent to Individual mobile homes and areas devoted to service buildings, shall not be Included In computing the required area for parks and playgrounds. 2. All mobile home buildings build-ings used for human occupancy occupan-cy when completed shall be served by a water system and sewage disposal system which have been approved by the State Board of Health. 3. Each mobile home park shall contain at least four (4) acres. 4. At least seventy (70) percent of the required yards which abut upon public streets shall be landscaped. 5. The mobile home park shall be In one ownership and shall remain In one ownership. 6. A combined area of at least one hundred (100) square feet for each mobile home space shall be provided for the storage of boats, campers, etc. Said storage must be enclosed within a fence of six (6) to eight (8) feet in height which fence shall be sight obscuring from public view. i .. 7. Off-street parking space shall be provided at the rate of two (2) parking spaces per mobile home space contained within the park. 8. At least two foot candle lightings shall be required along all roadways. 9. All mobile homes shall be set back at least ten (10) feet LEOAL NOTICE from all roadways which are part of the development and at least thirty (30) feet from any public street. 10. Roadways (curb to curb) must be of adequate widlh to accommodate anticipated traffic traf-fic as follows: a. Minor roadway-For two-way two-way traffic where parking Is allowed on only one side of the roadway-at least thirty (30) feet In width. b. For collector and entrance roadways and where parking Is allowed on both sldes-at least thirty-six (36) feet In width. 11. Roll type curbs must border the sides of streets. 12. A strip of land at least fifteen (15) feet wide surrounding sur-rounding the mobile home park (except along public streets) shall be landscaped to afford privacy to the development develop-ment provided, however, that a sight-obscuring fence six (6) feet to eight (8) feet In height may be substituted for up to eight (8) feet of the required landscaped strip. 13. Fences and walls within the front yard shall not exceed two (2) feet In height. 14. No mobile home or add-on shall be located closer than fifteen (15) feet to the nearest portion of any other mobile home or add-on, except when a four (4) hour fire-resistant wall, having a height of at least eight (8) feet separates them, In which case the distance apart may be reduced to ten (10) feet. 15. In addition to mobile homes, the development may include a launderette, club house and other nonprofit or public recreation buildings. In mobile home parks containing fifty (50) or more units, the development may also Include a convenience center for convenience establishments containing not more than ten (10) square feet per living unit In the development. 16. All mobile homes shall be skirted around the entire structure, so as to conceal the space underneath. The wheels shall be countersunk so that the distance between the grade and the floor of the mobile home shall not exceed two (2) feet at the building setback line. 17. The mobile home units may be clustered and individual individ-ual lot sizes may be reduced below the requirements of the zone In which the development Is located provided, however, that no mobile home park shall contain more than six (6) units per acre of land contained within the development. 18. All roads shall be surfaced In accordance with County standards as directed by the Planning Commission or Its authorized representative. representa-tive. 19. All service utilities shall be placed underground, except ex-cept for transformers, poles, towers and fixtures for primary prim-ary voltage only. Each mobile home space shall be provided with 200 amp. electrical service. 20. In addition to meeting the above requirements, all mobile home parks shall also conform to requirements set forth In the Code of Camp, Trailer Court, Hotel, Motel, and Resort Sanitation Regulations Regula-tions adopted by the Utah State Board of Health, and to the City's Fire Prevention Code. G. Planning Commission Review In considering approval of the development, the Planning Commission shall, among other things, make sure that such development will constitute consti-tute a living environment of sustained desirability and stability, sta-bility, that It will not produce a volume of traffic beyond the capability of the surrounding street system, that requirements require-ments for utilities, off-street parking, traffic circulation and other public needs will be adequately set and that the design criteria, standards and conditions, and intent of this section shall be complied with. H. License Required Prerequisite to the operation of any mobile home park shall be the obtaining of an annual license which shall be issued only after Inspection by the Zoning Administrator. It shall be unlawful to operate a mobile home park without first obtaining a license and said license shall be refused or revoked upon failure of the owner andor operator to maintain the park In accordance accord-ance with the standards and requirements as herein set forth. I. One Space for One Mobile ' Home-Time Limitation Each space within a mobile home park shall be used for only one mobile home at the same time, and shall not be used as a transient mobile home site. No lot or space shall be rented or leased for a period of less than thirty (30) days. J. Improvements Required-Guarantee Required-Guarantee Prior to the Issuance of a permit for the construction of a mobile home park, the devel- t LEGAL NOTICE (Cont. from Page C5) oper shall: 1 . Submit an estimate of the cost of constructing all required requir-ed water mains, sewer mains, power lines, roadways, (Including (In-cluding subgrade, gravel surfacing, sur-facing, and curb and gutters) and the required landscaping and walls, as prepared by an Engineer or Land Surveyor . registered to practice In the State of Utah. 2. Submit a bond or other financial assurance In the amount of at least 110 of the estimated cost of constructing said facilities, to the Board of County Commissioners. Chapter 2-8 ADMINISTRATION AND ENFORCEMENT 2-8-1 Application for Building Build-ing Permit Required Any person, partnership, firm or corporation desiring to construct, as described In the Uniform Building Code, or move a building or structure within the territory shown on the official zone maps to the extent of Fifty Dollars ($50.00) or more in replaceable value shall make application therefore there-fore to the zoning administrator adminis-trator before commencing construction thereon. 2-8-2 Plans Required All applications for building permits shall be accompanied by plans which have been drawn to scale showing the actual dimensions of the lot to be built upon, the size and location of existing buildings, buildings to be erected, and the locations and layout of proposed off-street parking areas. Planting plans shall be required in connection with commercial buildings where yards or open space are required In connection with such commercial buildings. All plans, except for single and two-family dwellings, shall be prepared by persons who are qualified to prepare such plans as provided by state law. A careful record of such application applica-tion and plans shall be kept In the office of the Zoning Administrator for a period of at least seven (7) years from the date of receipt thereof. 2-8-3 Buildings to be on Zoning Lot No building permit authorizing authoriz-ing the use of land or the construction or alteration or moving of a building or structure on a lot shall be issued unless the parcel upon which the use is to be conducted andor the building constructed, altered or moved shall qualify as a zoning lot as defined in this Code. 2-8-4 Permit to Comply with Code From the time of the effective date of this Code, permits shall not be granted for the construction or alteration altera-tion of any building or structure or for the moving of a building or structure onto a lot or for the change In use of any land, building or structure, if such construction, alteration, moving, or change In use would be a violation of any of the provisions of this Code, nor shall any sewer or water service line or electric utilities be Installed to serve the premises If such use would be a violation of this Code. 2-8-5 License of Permit to Comply with Code No license or permit shall be issued by any official or employee vested with the duty and authority to issue licenses or permits which would not be in conformance with the provisions of this Code. Any license or permit so issued shall be null and void. ! 2-8-6 Construction and Use to Comply with Application : Permits for excavation, ! buildings, and certificates of ' Zoning Compliance Issued on ' the basis of plans and specifications approved by the i Zoning Administrator author- i Izes only the use, arrange- ment, and construction set forth In such approved plans and application, and no other i use, arrangement, or construc- ! Hon. Use, arrangement, or ! construction at variance with I that authorized shall be j deemed to be a violation of this Code. j 2-8-7 Responsibility for Vio lation ! It shall be the responsibility ! of the owner and any and all builders, contractors, subcontractors, subcon-tractors, real estate agents and of land or the erection, altering or relocation of any building to make sure that a proper permit has been obtained before work Is boflun. Any person doing any work on project for which a proper permit has not been obtained shall be doomed guilty of a violation of this Code. 2-8-8 Injured Person May Recover Damages Any person purchasing a lot or parcel of land who may be injured as the consequence of a denial of a building permit which purchase was made pursuant to inaccurate, Incorrect, Incor-rect, untrue or fraudulent information on the part of the seller or hi agent, may recover damages from the seller or his agent by civil action. However, the County shall not be civilly liable for any damages that may occur as a consequence of the denial of a building permit based upon such Information. 2-8-9 Certificate of Zoning Compliance Required It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or to change the type of occupancy as defined in the Uniform Building Code of any building or premises until a certificate of zoning compliance shall have been Issued therefore by me Zoning Administrator or Building Inspector stating that the proposed use of the building or land conforms to the requirements require-ments of this Code. No nonconforming structure or use shall be changed or extended until a Certificate of Zoning Compliance shall state specifically wherein the nonconforming use differs with the provisions of this Code. The Zoning Administrator Adminis-trator may permit the occupancy occupan-cy of a building prior to the completion of all required work provided a bond or other assurance has been posted with the County Recorder In an amount equal to the cost of completing said required work as determined by the Board of County Commissioners. The Zoning Administrator or Building Inspector shall maintain main-tain a record of all Certificates of Zoning Compliance for a period of seven (7) years and a copy shall be furnished upon request to any applicant. Failure to obtain a Certificate Certifi-cate of Zoning Compliance shall constitute a violation of this code. 2-8-10 Zoning Administrator Appointed The officer designated under und-er the provisions of the Building Code as the Building inspector shall also be designated desig-nated as the Zoning Administrator Adminis-trator under the provisions of this Code. The Board of County Commissioners may also appoint other officers to assist In the administration and enforcement of this Code. 2-8-11 Powers and Duties of Zoning Administrator A. It shall be the duty of the Zoning Administrator to enforce en-force all of the provisions of this Code, entering actions in the courts when necessary; and his failure to do so shall not legalize any act In violation of such provisions. B. Upon appeal to the Board of Adjustment, Planning Commission, Com-mission, or Board of County Commissioners, of any matters mat-ters on which said Board, Commission or Commissioners is required to pass, the Zoning Administrator shall forthwith transmit all papers, records and other pertinent data pertaining to the appeal thereto as required by the terms of this Code. The Zoning Administrator shall maintain records of all actions of said Board as required by the terms of this Code, In the office of the County Recorder for a period of time not less than seven (7) years from the final date of any action pertaining thereto. 2-8-12 Violation Whenever It becomes necessary neces-sary to enter actions in the court In order to obtain compliance with one or more provisions of this Code, the Zoning Administrator shall first refer such matters to the County Attorney and shall thereafter follow the instructions instruc-tions of the County Attorney with respect thereto. 2-8-13 Board of Adjustment Created, Members, Terms There Is hereby created a Board of Adjustment which shall consist of five (5) members, each to be appointed appoint-ed by the Board of County Commissioners for a term of five (5) years, provldod that the term of one member shall expire each year . One mombor but not more than one member of the planning commission shall be a mombor of the Board of Adjustmont. Any member may bo romovod for cause by the Board ol County -LEGAL NOTICE- Commissioners upon written charges and after a public hearing, if such public hearing Is requested. Vacancies shall be filled for the unexpired term of any member whose term has not been completed. 2-8-14 Organization-Meetings-Records The Board of Adjustment shall organize and elect a Chairman and adopt rules In accordance with the provisions of this Ordinance. Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. The Chairman, Chair-man, or In his absence the acting Chairman, shall conduct con-duct all meetings and may administer caths and compel the attendance of wlttensses. All meetings of the Board shall be open to the public. The Board shall keep minutes of Its proceedings showing the vote of each member upon each question or, if absent or falling to vote, indicating such facts, and shall keep records of Its examinations and other official acts, all of which shall be filed immediately In the office of the Board and shall be a public record. Roberts' rules of order shall be followed In the conduct of meetings whenever applicable. 2-8-15 Powers and Duties of the Board of Adjustment The Board of Adjustment shall have judicial power to interpret the provisions of this Ordinance. It shall also have administrative duties to grant variance and special exceptions excep-tions or conditional use permits, per-mits, as follows: A. Interpret Ordinance and Map 1. Intent It is the intent of this provision to provide a way whereby applicants who think that the Zoning Administrator is in error or does not interpret the provision of the zoning ordinance correctly, to obtain a relief from such error In an expeditious and inexpensive manner without having to resort to the courts. 2. Duty to Interpret The Board of Adjustment shall hear and decide appeals where it is alleged by the appellant that there Is error In any order, requirement, decision, deci-sion, or refusal made In the enforcement of this Ordinance. Ordin-ance. The Board of Adjustment Adjust-ment shall also interpret the zone map and boundaries thereof in cases of dispute or disagreement. B. Great Variances The Board of Adjustment may authorize, upon appeal, variance from the terms of this Ordinance pertaining to area and width of lot, size of yards, and height and size of buildings, where owing to special conditions, peculiar to the property, a literal enforcement enforce-ment of the provisions of this Ordinance would result In a hardship which Is unnecessary in carrying out the Intent of this Ordinance. Before any variance may be granted, however, it must be shown that: 1. The variance will not substantially affect the comprehensive comp-rehensive plan of zoning and that adherence to the strict letter of the Ordinance will cause difficulties and hardships hard-ships upon the petitioners which are unnecessary In order to carry out the purposes of this Ordinance. 2. Special circumstances attached to the property covered by the application that do not apply to other property in the same zone. 3. That because of said special circumstances, property proper-ty covered by the application is deprived of privileges possessed possess-ed by other properties In the same zone; and that the granting of the variance Is essential to the enjoyment of a substantial property right possessed pos-sessed by other property In the same zone. 4. That the difficulties and hardships were not created by any act of the appellant subsequent to the effective date of the regulation appealed appeal-ed from. C. Grant Certain Special Exceptions Conditional Uses 1. Intent Thore are certain uses which are not permltlod within particular zones unless they are made to comply with other uses In tho samo zone. It Is the Intent of this provision to authorize the Board of Arllimt-men Arllimt-men I to use Its discretion In proscribing those conditions. Howovor, tho Board of Adjunt-mont Adjunt-mont may not authorize a apodal oxcnpllon or use unless such use la specifically per mitted by the terms of this Ordinance. , 2. Power to Prescribe Conditions In Connection With Special Exceptions Conditional Condition-al Uses The Board of Adjustment shall hear and decide requests for "special exceptions" but only when authorized by the terms of this Ordinance to dc so. In deciding whether or not to grant a special exception, the Board shall be guided by the conditions set forth In this Ordinance with respect thereto, there-to, which conditions shall be deemed to be the minimum standards which must be complied with. 2-8-16 May Attach Reasonable Reason-able Conditions The Board of Adjustment may attach reasonable conditions condi-tions or requirements to the grant of a variance, special exception, or conditional use which the petitioner must comply with as a condition of the grant or approval. A time limit of one year shall be attached to the exercise or nonexercise of any grant unless specifically extended by action of the Board. 2-8-17 May Revert or Affirm Zoning Administrator In performing the duties and powers as set forth herein, the Board of Adjustment Is hereby empowered to reverse or affirm wholly or partly or modify the order, requirement, require-ment, decision, or determination determina-tion of the enforcing officer and may make such order or requirement as ought to be made, provided, however, that In Interpreting and applying the provisions of this Ordinance, Ordin-ance, the requirements contained con-tained herein shall be deemed to be the minimum requirements require-ments for the purpose set forth. 2-8-18 Authority Limited The powers and duties of the Board of Adjustment are limited to judicial and administrative adminis-trative matters as set forth In this Ordinance. The Board of Adjustment shall not have the authority to amend this Ordinance Ordin-ance nor to correct what it may consider to be an unwise requirement. Nevertheless, the Board of Adjustment shall have powers and duties as set forth In this Ordinance and within the limitations and Intent of the provisions of this Ordinance shall perform Its duties and shall have the power to perform those acts as herein set forth. 2-8-19 Vote The concurring vote of four (4) members of the Board shall be necessary to decide upon any matter upon which It is required to pass. 2-8-20 Application to Appear Ap-pear Before the Board of Adjustment Any citizen or person, or any officer of department of the municipality may appeal to the Board of Adjustment by filing a request In writing with the Zoning Administrator and by paying a fee of $5.00, provided such appeal Is made within thirty (30) days from the grant or refusal of a building permit by the Zoning Administrator. The request to appear before the Board of Adjustment shall be made on forms furnished by the Zoning Administrator. 2-8-21 Procedures Upon receipt of the application, applica-tion, the Zoning Administrator shall forthwith transmit to the Board of Adjustment all papers constituting the record upon which the action appealed appeal-ed from was taken. The Board of Adjustment shall review the application and shall return the same to the Zoning Administrator with its decision pertaining thereto within thirty thir-ty (30) days. Failure to return said application within thirty (30) days shall constitute approval. An appeal stays all proceedings In furtherance of the action appealed from unless the Zoning Administrator Adminis-trator certifies to the Board of Adjustment after the notice of appeal shall have been filed with him that by reason of facts stated In the certificate a stay would In his opinion, cause Imminent peril to llle or property. In such case, proceedings pro-ceedings shall not be stayed otherwise than by restraining order which may be granted by the Board of Adjustmont or by the District Court on application applica-tion and notice to the Zoning Administrator and on due cause shown. The Board ol Adjustmont shall fix a roasonablo time for tho hnarlng ol the appoal, give public notice thereof by publication of notice at lonst five (5) diys prior to tho (Into of hearing, as well as notlco by LEGAL NOTICE mail to adjacent property owners, and decide the same within a reasonable time. Any party may appear at the hearing, in person, or by agent or by attorney. 2-8-22 Action of the Board of Adjustment The Board of Adjustment shall make determinations in harmony with the provisions of this Ordinance and shall notify the Zoning Administrator of the action taken. 2-8-23 Recourse from Decision Deci-sion of Board Any person aggrieved by any decision of the Board of Adjustment may have and maintain a plenary action for relief therefrom in any court of competent jurisdiction, provided provid-ed that petition for such relief Is presented to the court within thirty (30) days after the filing of such decision to the office of the Board of Adjustment. 2-8-24 Powers and Duties of Planning Commission The Planning Commission shall have the following powers and duties with respect to this Ordinance: A. The Planning Commission Commis-sion shall hear and decide requests for amendments to this Ordinance. The Planning Commission may also act on its own initiative In considering consider-ing and recommending a-mendments a-mendments to this Ordinance. Before a favorable recommendation recom-mendation Is given, however, it must be shown that: 1. The amendment will not decrease nor adversely affect the health, safety, convenience, conven-ience, morals or general welfare of the public. 2. The amendment will more fully carry out the Intent and purpose of this Ordinance. 3. That, balancing the interest of the petitioner with the interest of the public, both Interests will be served better by adopting such an amendment. amend-ment. In considering a request for an amendment to the zoning ordinance or map, the Planning Plann-ing Commission may submit a recommendation for or against the request, or It may recommend an alternate a-mendment. a-mendment. B. To review, approve, disapprove, or approve subject to modifications requests for permits to construct large scale developments. C. Any other duty Imposed on the Planning Commission jnder the terms of this Ordinance. 2-8-25 Powers and Duties of the Board of County Commissioners Commis-sioners The governing body may amend, change or modify any provision of the zoning ordinance or map provided: A. The proposed amendment amend-ment or amendments have been submitted to the Planning Plann-ing Commission for Its recommendations. recom-mendations. Unless the Planning Plann-ing Commission submits Its recommendations within thirty (30) days from receipt of the proposed amendment, the Board of County Commissioners Commission-ers may assume an affirmative recommendation. B. The Board of County Commissioners has held a public hearing on the proposed amendment at least thirty (30) days notice of the time and place of which has been published In a newspaper of general circulation In the municipality. C. The amendment will not be contrary to the comprehensive comprehen-sive plan. D. The amendment will more fully carry out the Intent and purpose of the comprehensive compre-hensive plan of this Ordinance. Ordin-ance. No material change In a departure from the recommendation recommen-dation of the Planning Commission Com-mission can be made after such public hearing unless the change or departure be submitted sub-mitted to the Planning Commission Com-mission for their consideration and recommendations. Upon receiving the reconsidered recommendations of this Planning Plan-ning Commission, the Board of County Commissioners may overrule the Planning Commission. Com-mission. Chapter -9 PENALTY AND EFFECTIVE DATE 2-9-1 Penalty Any porson, firm, or corporation corpor-ation violating any of the provisions of this Ordinance shall be guilty ol a Class C Mlsdomoanor, and upon conviction con-viction Ihorool shall be punishable punish-able by a fine of not to excood two hundred nlnoly-nlne dollars dol-lars ($299.00), or imprisonment imprison-ment for not more Ihnn nlnoly (00) clays, or both such flno and Imprisonment, at tho discretion of the Court. 2-9-2 Effective Date In consideration of Impending Impend-ing development, In the opinion of the Board of County Commissioners, an emergency emergen-cy exists. This Ordinance shall therefore be in full force and effect from and after Its passage by the Board of County Commissioners and posting, as required by law. Passed and ordered posted by the Board of County Commissioners of Grand County, Utah this 18th day of September A.D. 1978. s Harvey Merrell, Chairman of the Board of County Commissioners ATTEST: Barbara Domenick, Clerk Published in the Times-Independent, Times-Independent, Moab, Utah this 12th day of October, 1978. AMENDED ORDINANCE NO. 115 AN ORDINANCE PROVIDING FOR MINIMUM STANDARDS STAND-ARDS RELATING TO THE PLATTING AND RECORDING RECORD-ING OF SUBDIVISIONS OF LAND IN THE UNINCORPORATED UNINCORP-ORATED TERRITORY OF GRAND COUNTY, STATE OF UTAH. THE BOARD OF COUNTY COMMISSIONERS OF GRAND COUNTY, UTAH ORDAINS AS FOLLOWS: SECTION 1. GENERAL PROVISIONS Section 1.1 Purpose and Intent A. The underlying purpose and Intent of this Ordinance is to promote the health, safety, convenience and general welfare wel-fare of the inhabitants of Grand County in the matter of subdivision of land and related matters affected by such subdivision. B. Any proposed subdivision subdivi-sion and its ultimate use shall be In the best Interests of the public welfare and the neighborhood neigh-borhood development of the area concerned and the sub-divider sub-divider shall present evidence of this effect when requested to do so by the Planning Commission or the Board of County Commissioners. C. In cases where unusual topographical or other exceptional excep-tional conditions exist, variations varia-tions and exceptions from this Ordinance may be made by the County Commissioners after recommendation by the Planning Plan-ning Commission. Section 1 .2 Scope of Ordinance A. No person shall subdivide subdiv-ide any tract of land which is located wholly or in part in the unincorporated territory of Grand County except in compliance with this Ordinance. Ordin-ance. B. No person shall sell or exchange or offer to sell or exchange any parcel of land which is a part of subdivision of a larger tract of land, nor offer for recording In the office of the County Recorder any deed conveying such a parcel of land, or any Interest therein, unless such subdivision subdivi-sion has been created puru-sant puru-sant to and in accordance with the provisions of this Ordinance. Ordin-ance. Section 1.3 Definitions The following words and phrases used In this Ordinance shall have the respective meanings hereinafter set forth: Easement- The quantity of land set aside or over which a liberty, privilege or advantage In land without profit, existing distance trom the ownership of land, Is granted to the public or some particular person or part of the public. Final Plat- A map or chart of a subdivision which has been accurately surveyed by a registered surveyor and such survey Is marked on the ground so that streets, alleys, blocks, lots and other divisions thereof can be Identified. Other Public Dedication-Parks, Dedication-Parks, playgrounds, drainage channels or other areas of land to be dedicated to public use. Preliminary Plat- A map or chart of a proposod subdivision. subdiv-ision. Street- Streots, highways, avenues, boulevards, parkways, park-ways, roads, lanes viaducts, tunnels, bridges and other ways. Subdlvlder- Any person laying out or making a subdivision for the purpose of first sale, olforlng for sole or first soiling for hlmsolf or others of tho subdivision or ony part Ihorool. Subdivision- A dosc.rihod tract of land which has boon dlvldnd Into Ihroo (3) or more lots, ti.icls or parcels ol ton -LEGAL NOTICE- TP .r.B (10) acres each or less in area. Section 1.4 Approval of Plat required Prior to Recordation No plat of a subdivision of land lying within the unincorporated unin-corporated territory of Grand County shall be filed or recorded in the county recorder's record-er's office until it shall have been submitted to and approved approv-ed by the Planning Commission Commis-sion and the County Commission Commis-sion in accordance with this Ordinance and such approval entered in writing on the plat by the secretary of the Planning Commission and the clerk of the County Commission. Commis-sion. The filing or recording of a plat of a subdivision without such approval shall be void. No county recorder shall file or record a plat or other instrument used for the subdivision of lands as defined In this Ordinance until it has been approved in writing by the Planning Commission and tho P.nnntw ("Vim m iesinn ae oat out in this Section. Section 1 .5 Sale of Lots Prior to Approval and Recordation Prohibited No pwner or agent of the owner of any land located within a proposed subdivision shall transfer, sell, agree to sell or negotiate to sell any land by reference to, exhibition exhibi-tion of or by the use of a plan or plat of a subdivision before such plan or plat has been approved by the County Commission and recorded by the county recorder. The description of such lot or parcel by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring transfer-ring shall not exempt the transaction from any penalties provided by the State. Section 1.6 Subdivision of Certain Unsuitable Land Prohibited Pro-hibited No land shall be subdivided for residential use which is held by the Planning Commission Commis-sion to be unsuitable for such use by reason of flooding or bad drainage, adverse earth or rock formation or topography or any feature likely to be harmful to the health, safety or welfare of the future residents in the proposed subdivision or of the general area, unless and until such land Is rendered suitable for residential use. Section 1.7 Effect of Acceptance Accep-tance of Streets or Subdivision Plat; Providing of Malntence by County Acceptance of streets on a subdivision plat by the county shall be for purposes of legal description only and not for automatic maintenance or construction. Such maintenance mainten-ance shall be provided only after streets have been Improved Im-proved by the subdivider or subsequent land owners in accordance with county construction con-struction standards and specifications. specif-ications. Section 1.8 Issuance of Building Build-ing Permits, Opening of Street, Etc., Dependent upon Acceptance of Street for Public Use All administrative officials of the county shall refrain from issuing building permits or from opening, accepting, grading, paving or lighting a street in a subdivision, or authorizing the laying of sewers and water mains In such lines in such street, which has not received the status of a public street or does not correspond with a street on a subdivision plat tentatively approved by the planning commission or having been submitted to the Planning Commission and disapproved by it, and has not been accepted by the county Commission. Com-mission. Section 1.9 Variances Where a subdlv'der can show that a provision of the general requirements and minimum standards of design set out In this Ordinance would cause unnecessary hardship If strictly adhered to and where, Docause of topographical or other conditions peculiar to the site, In the opinion of Planning Commission, a departure de-parture may be made without dostroying the Intent of such provisions, the Planning Commission may authorize a variance. Any variance so authorized shall be stated on the final plat and the reasons for such departure shall be entered In writing In the mlnules of the Planning Com mission. Soctlon 1.10 Additional Rule and Regulations The Planning Commission may propare additional rules and rogulatlons govornlng the subdivision ol land within the unlncot poratod territory ol the county. The Cocri J 0 sion shall hold a public hearir"5 ,3 CI on any such subdivi,, regulations, and thereaft, ed 1 may adopt such regula,ions , :" f the county. a,5S'n ' . (1 e SECTION 2. :,eVfo PRELIMINARY PUT Section 2.1 Applicability nc Before dividing any tract! U land lying within the un jf i into three (3) or more lots, aj :Jl nta one of which is less than u , (10) acres in size, a subdivld ;:J' shall follow the procedj' outlined in this Ordinance. ': sl Section 2.2 Filing; Submittal Utility Companies : 8 At least two (2) weeks pri; f to a public hearing before (j"' l , Planning Commission, twof'-'. copies of the preliminary pi iml of a proposed subdivision slji :'ier,s'0' be submitted to the coujj:: surveyor and two (2) copies!- ' the chairman of the Plann tt Commission. The subdivide ' within seven (7) days the( ,on after, shall provide one f'a'' copy of the preliminary pli together with a form toJ' .... . supplied by the Plannit'";. Commission, to each of tl'! s''l'& utility companies involv:' 8" The utility companies rni''''' then inspect the plat and si :eS making comments concemjf the placement of easement etc. , on the form provided an;' where necessary, sketchir-'s'e recommended alterations or)' 'M copy of the plat, and transa?"- 1 the plat and recommendatic::'! r form directly to the chairmf ,sf of the Planning Commissi prior to the time of the pubi:''-5 hearing. t ;t Section 2.3 Form and Contea:?; '"e The prelminary plat of ? &' subdivision shall contain l-rfooel following information: - '. A. The proposed nama;-e-ty the subidvision. , X B. The location of tl a- i subdivision as a part of sod- :' larger subdivision or tract XT'. land and by reference ;i:'t' permanent survey montir ments, with a tie to a sectkf-.-, corner, quarter-section corn-jr or an official monument --0i ; designated by the cour surveyor. C. The names and address , .. of the subdivider, the desigrv . -t r of the subdivision and tl .. -engineer or surveyor (wr.a.t shall be licensed to practk. fc( ., surveying within the state). . t ' r, D. The location and princ. it pal dimensions of recordtr F( section lines, streets, alley easements, water course sewer and water mains and J. nthor imrvirtant fjutnroc witi 1 torn to-rn and adjacent to the tract be subdivided. -.. . , E. The location and print . pal dimensions of record!. . section lines, streets, alley. . ! easements, lot lines and arei " to be reserved for public ust F. The date of preparation ' the scale (not less than or hundred (100) feet to the inc'",'!, and the north arrow. G. A contour map wir vertical intervals not to exce five (5) feet or, where sue Information is not obtainable "9 a center-line profile for s ,s proposed rights of way. Section 2.4 Survey Markers 1 " S! ; Be Set Ck; After submitting a prelimi!' :? - ary plat of a propose C(f subdivision and at least one (' week prior to a public hearin before the Planning Commi: sion thereon, survey markei "'! set to finished street grad V shall be placed at criticr points within the propose' 3 c subdivision for Inspection t-' '."s the Planning Commission, th4"! p county surveyor, representi tives of the utility compani;.'-;.( which may serve the subdiv ' :" sion and other interests 'K-r persons. ' ,pi Section 2.5 Public Hearing b r!B, Planning Commission 1 After receiving a prellmin- : ary plat of a propose: N subdivision, the Planning, $i Commission chairman snal- give at least one (1) week's;. notice of the time and place o f a public hearing regarding th-:,. study of such proposed sub division by advertisement In -. least one (1) Issue ol the locSj newspaper. After a subdivider h8Sj have complied with the "A. cedures sot out In this section 'i a public hearing shall be bK.y on such proposod subdivision.'"1 at which time the Planning'" Commission may approve ,nV 1 preliminary plat lor a period not to excood one (1 ) yotu fr or ' the dale ot such approval.' , SECTION 3. 'v' flnul plat . Soction 3 1 Filing Within one (11 yer j, receiving approval Ol a p'()' llmlnary plat ol a sutHlivisiiH and at loast ono (I) '', (Cont. on Paje C") ' ' If GAL NOTICE . o' ( Fn.iii'J Com-' Com-' , v iri original ' ',' Pv,llJ ,fl y.,,.lJj,on lor final " , ,xor to Fr ,d Con' 'i, p it 0' l,t" N, 1 ,.,11 conuin all ltiS lh" v-''f Coundanea, ; ' ' e$. ijmnls. 't ,,(f important s . : J mMion shall ' K ' - J tv n acvurata t. ;'oi, .men shall :- c'os inm . '".-II in to thousand r r . :'."! on 'vstsm r ( c-s Mocks and :,)$:( .vptabie ,0 i t., j.ror. : , ,. s:i!rnent of : ( ' ., lor H streets. '-(oss. parks and ",,C l.vli!.4. 'flfl "S-- , cr,rs ol the vorrints ror a ,:-!. saritary seer ""' f p sec. electrical ri ,nd land- '' - syn se' sstem, "t , street pave- !- rl' ICf ha" ,i- f purchaser or i r.- vt by ,r county. ! : ' n and sijn- V 3 i:rprocf ln ;; :::!, i!f outer r'- ,-.-3 :nty-lour (24) . , rry (X) Inches. ' f n S an unencum-rr- r -j-; n of one and ; .j- ,Vil inches on the - of the sheet and s i ce-half 'i) r: ,.r;. j-jjnd the other r-' t r s -as of the sheets. T ' jesr :::cn of perma-"' perma-"' -.- se cts hich hv i I enseal points in .:: s on shall be r :i the final plat. " 1 ! fmal plat shall ' :iiar.'cate of filing to :rs: by the county rs ri II indicate the ' ' ir::'- of filing. - :-!3Fi!infl Fee 1; fi. be a filing and ' trr sefor the filing of a r" i :i of a subdivision, !' f r; be borne by the 71 :sr jrd paid to the r ;-e first five (5) lots ' ( :r. (S5 00) per lot; c '' ! er. fre (5) lots of ir; 'i at ,W.00); and for -ecess of ten (10) of ' n ?2.0O) per lot. :: 3 4 Submittal o r . l! Commission for ' r 'Keiving final ap- "s iy the Planning . r sscn of the final plat of '-w. the original and r :y of the final plat 1 Submitted to the , 1 ' Tmission for Its rt acceptance of the ... :-a:ed to public use. t r - 3 5 Copy to Be ' e County Surveyor; . m ' 1 .. ... -i acceptance by the .v ' ' Kmmission of the for public use ' ' '-tension, a Sepia, ..j. or other repro- XW together with randard print of the s,.. ,;i ol such subdivision .4' proved shall be '.' the office of the s. lurveyor and the ay then be legally v- ' " 3 6 Time Limit for I'.iOfl ,- .;' on the part of a y J."- to record a final .. . f; 1 subdivision within a ninety (90) days . ''" approval by the P rv' Wmniision shall f.'.; 9 Plat invalid and .;. Commission and the J mission will be ON 4. mpr0 : : tri design standarJt c- t Applicability !k ' lmprovements ' and standards set out In K)n snal be minimum en's for all subdivi- t '.ti!Pt here unusual :-' or shape of i or olher exceptiona or conditions may 'ariance from such i ,'j,r 2st,t, '' 'i jj' a Subdivision ';. logical relatlon- ' Cp0aaphy and to the livaticn ol exisllnQ or plattod Cetits In i1acant properties proper-ties ft. Sliiwta. utility rights of wrty and public opm Siacs shall conform to approved plans for the evtension of such public facilities. C. Minimum stiet widths shall be as tollos (1) Aiteiial stieets, one hundred (100) feet. Secondary streets, seventy (70) tet. (3) Local or minor streets, titty (N.1) teet. O. Dead end streets shall not evcetKl four hundred (400) teet In length; a turnaround with a minimum radius ot titty (S.1) fet shall be provided. E. Whenever possible, streets shall Intersect at right angles. Where streets meet at acute angels, a reasonable strettt corner radius Is required. requir-ed. F. Halt streets will not be accepted by the county as dedicated property. G. Street grade limits shall be as follows: (1) Arterial streets, minimum grade, 0.5S; maximum grade, 5.0S. (2) Secondary streets, minimum grade. 0 5; maximum maxi-mum grade, 7 OS. (3) Minor streets, mini mum grade, 0 5; maximum grade. 10 OX. H. Street shall be leveled, when possible, to a grade of less than four percent (4S) for a distance of at least one hundred (100) feet approaching approach-ing all Intersections. I. All streets shall be constructed with a base course and bituminous mixed surface, or equivalent, in accordance with the county specifications for street and road construction, construc-tion, which are on file in the office of the county surveyor. Section 4 3 Alleys and Utility Easements The county may require alleys at least twenty (20) feet in width and open at both ends in business districts and In the rear of all lots fronting on major streets In any subdivision. subdiv-ision. Where alleys are not required, easements at least ten (10) feet In width shall be provided along each side of all rear lot lines and long certain Side lot lines where necessary for utilities such as poles, wires, conduits, storm or sanitary sewers, gas and water lines. Section 4.4 Access to Lots No building shall be erected nor shall a building permit be issued for a building In a subdivision unless the street giving access to the lot upon which such building is proposed, propos-ed, and connecting to an accepted public thoroughfare, shall have been completed to the county specifications. Such shall be required in order to prevent fire, health and safety hazards whieti could be created creat-ed by a dwelling located without access to a public road. Section 4.5 Public Use and Service Areas Dedication of all parks, school grounds and other public open spaces within subdivision shall be required in accordance with the master plan of the county. Where this .. . , .mn..nl plan cans ror a iary' of public open space than the subdivider's fair amount, the land needed beyond the subdivider's fair contribution is to be reserved for acquisition acquisi-tion by the county; provided, that such acquisition Is made within five (5) years from the date'of approval. Section 4.6 Block Length Blocks In subdivisions for residential use shall not exceed one thousand (1,000) feet in length. Section 4.7 Lots Minimum lot sizes In subdivisions sub-divisions shall be In accordance accord-ance with current zoning regulations (but In no case shall be less than seven thousand two hundred (7,200) feet and sixty (60) feet In front width) and also meet the standards and requirements of the Board of Health In those areas where no public sewer Is proposed. Lot lines shall be at right angles to the street line or at right angles to the tangent to the curve of the street line, whenever practicable. prac-ticable. Reversed corner lots and through lots shall be avoided. Section 4.8 Water Supply Each subdlvlder shall provide pro-vide for culinary water to each of the lots in the subdivision by connecting to a public water supply system If reasonably accessible as determined by the Planning Commission, or it LtGAL NOTICE - not, by installing a private water supply system to Slate Board ot Health regulations or by obtaining appiovul lor'the di llllng of Individual wells fioin the Slate Engineer for each ot the lots. Adequacy ot supply and sl.'es of water mums shall be determined by the county surveyor. Workmanship Work-manship and details of construction con-struction shall be In accordance accor-dance with the county specifications. specifi-cations. All work shall be done as directed by the county surveyor. Final plans ot water system shall be submitted to the building Inspector before the final subdivision plut Is approved. Section 4.9 Sewers and Sewerage Sewer-age Facilities In any subdvlslon having no lots less than one (1) acre where a public sanitary sewer Is reasonably accessible (within (with-in two hundred (200) feet from the outside boundary of a subdivision), the subdlvlder shall connect with such sanitary sani-tary sewer and provide adequate ade-quate sewer lines accessible to each lot. Sewer connections and subdivision sewer systems shall be Installed In accordance accor-dance with county specifications specifica-tions under the direction of the county surveyor. Where a public sewer Is not reasonably accessible, the subdlvlder, upon approval of the County Commission, may either Install In-stall Individual sewerage facilities facil-ities at his expense or require that builders provide such facilities as part of the construction of buildings or structures. Where Individual sewerage facilities are to be Installed, the County Commission Com-mission shall be assured that the sanitary condition of the land will be fully safeguarded. In any subdivision having any lots of less than one (1) acre, the subdivider shall connect to a public sewer; Individual sewage facilities shall not be permitted. Final plans of sewer system shall be submitted submit-ted to the building Inspector before final subdivision plat is approved. Section 4.10 Irrigation Ditches Irrigation ditches In subdivision subdivi-sion shall not be permitted on public roads or streets, except for properly designed and constructed road crossings. Section 4.11 Street Improvements Improve-ments A. The subdlvlder shall Install the following improvements improve-ments In all streets within the subdivision In accordance with the standards and to the specifications of Grand County and the county surveyor. 1. In subdivisions consisting consist-ing of any lots of less than one (1 ) acre: (a) Street grading and surfacing. (b) Curbs and gutters. (c) Sidewalks. (d) Street drainage and drainage structures, and surface sur-face and storm drainage structures. (e) Street name signs at street Intersections. 2. In subdivisions consisting consist-ing of all lots of one (1 ) acre or more: (a) Graded and graveled streets. (b) Street name signs at street Intersections. B. The subdiviaer snaii submit construction plans and specifications, prepared by a licensed engineer or land surveyor to the county surveyor survey-or for review and approval before starting construction of the street improvements listed above. Section 4.12 Guarantee of Improvements A. Prior to approval and acceptance of the final plat as herein provided, and In lieu of actual Installation of the improvements required by this Ordinance, the subldvider may guarantee the Installation thereof by one of the methods specified as follows: I. The subdivlder may furnish and file with the County Commissioners a bond with Corporate Surety In an amount equal to one hundred and ten percent (110) of the cost of the Improvements not previously Installed as determined deter-mined by the county to assure the Installation of such Improvements Im-provements with a two (2) year period or, If otherwise provided provid-ed by said commissioners, a shorter or longer period. The bond shall be approved by the County Commissioners and the county attornery, or 2 The subdivider may deposit in escrow with an ' escrow holder approved by the County Commissioners an ' amount of money equal to one i hundred and ten percent (1I0'. ) ot the cost ot tho Improvements not then Installed Instal-led as esllnuitecl by tho county, us atoiosald, under an escrow agreement to assuie the installation of said Improvements Improve-ments within a two (?) year period or, If otherwise provided provid-ed by said commissioners, a shorter or longer porlod. The escrow agreement oforesuld shall be approved by the County Commission and county attorney und shall be tiled with the County Commissioners. Commis-sioners. B. Whenever the subdlvlder develops a subdivision a portion at a time such development shall be In an orderly manner and In such a way that the required Improvements Im-provements will be continuous and all of the said Improvements Improve-ments will be made available for the full, ellective and practical use and enjoyment thereof by the lessees or grantees of any of the lands subdivided within the time hereinbefore specified. Section 4.13 Inspection of Improvements The county shall Inspect or cause to be Inspected all structures, streets, fire hydrants hy-drants and water supply and sewage disposal systems In the course of construction, Installation or repair, etc. Excavations for fire hydrants, water and sewer mains and laterals shall not be covered over or back-filled until such Installation shall have been approved by the county. If any such Installation is covered before being Inspected and approved, it shall be uncovered uncover-ed after notice to uncover has been Issued to the responsible person by the county. SECTION 5. enforcement and permits Section 5.1 The county shall not Issue any permit unless the plans for the proposed erection, construction, con-struction, reconstruction, alteration or use fully conform to all provisions of this ordinance. No county oflicer shall issue any permit or license for the use of any building, structure or land when such land is a part of a subdivision as defined herein until such subdivision plat has been approved and recorded in the county recorder's office. Any license or permit issued In conflict with this Ordinance shall be null and void. SECTION 6. PENALTY Section 6.1 Any person who shall violate any of the provisions of this Ordinance shall, upon conviction convic-tion thereof, be punished by a fine not exceeding Two Hundred Hun-dred and Ninety Nine Dollars ($299.00) or by Improsonment in the county jail for a period not exceeding six (6) months, or by both such fine and imprisonment. SECTION 7. VALIDITY Section 7.1 If any section, sub-section, sentence, clause or phrase of this Ordinance Is for any reason held to be invalid, such holding shall not affect the validity of the remaining portion of this Ordinance. SECTION 8. EMERGENCY Section 8.1 In the opinion of the Board of Grand County Commissioners, Commission-ers, Grand County, State of Utah, a public emergency exists with the matters herein contained and it is necessary to the health, safety and general welfare of the inhabitants inhabi-tants of Grand County that this Amended Ordinance No. 115 shall take effect Immediately upon publication. PASSED by the Board of County Commissioners of Grand County, State of Utah, this 18th day of September A.D. 1978, with all Commissioners Comm-issioners present and voting vot-ing for the passage of the same, to-wit: Commissioner Harvey Merrell, Commissioner Commission-er Leo Burr; and Commissioner Commission-er A. Dan Holyoak. Harvey Merrell, Chairman of the Board of Grand County Commissioners ATTEST: Barbara Domenick, Clerk Published In The Times-Independent, Times-Independent, Moab, Utah, this 12th day of October, 1978.