Chapter 10.05 - Supplemental and Quality Regulation


City Code :: Elwood Town Ordinance :: Chapter 10.05 - Supplemental and Quality Regulation

CHAPTER 10.05

SUPPLEMENTARYAND

QUALIFYING REGULATIONS 
 

Sections: 
 

10.05.010 Applicability

10.05.020 Lots in Separate Ownership

10.05.030 Every Dwelling to Be On A "Lot"

10.05.040 Additional Use Regulations

10.05.050 Additional Area Regulations

10.05.060 Additional Yard Regulations

10.05.070 Additional Height Regulations

10.05.080 Animals and Fowl

10.05.090 Building Regulations

10.05.100 Regulations Governing Fences and Walls

10.05.110 Lighting

10.05.120 Private Park, Playground or Recreation

10.05.130 Public Utility Substation

10.05.140 Swimming Pool

10.05.150 Businesses Excluding Persons Under Age 18, Prohibited

10.05.160 Clear View of Intersecting Streets

10.05.170 Uses Not Listed

10.05.180 Zero Side Yards

10.05.190 Flag Lots 
 
 

10.05.010 Applicability 
 

The regulations hereinafter set forth in this Article qualify or supplement, as the case may be, the zone regulations contained elsewhere in this Zoning Ordinance. 
 

10.05.020 Lots In Separate Ownership 
 

The requirements of this Title as to minimum lot area or lot width shall not be construed to prevent the use for a single family dwelling on any legally approved lot or parcel of land. Combination of several lots under common ownership can be considered a buildable lot, but separation of lots originally under common ownership would not constitute a buildable lot.  Such lot or parcel of land must be located in a zone which permits single family dwellings, has access to a dedicated street, and shall be a legally divided lot held in separate ownership at the time such requirements became effective for such lot or parcel of land. The Town Staff shall make a determination as to the legality of such lots based on documentation submitted by the lot owner.  Appeal of such determinations, or requests to vary the required yards for such lots, shall be made to the Appeal Authority. 
 

10.05.030 Every Dwelling to Be On A "Lot" 
 

Every dwelling shall be located and maintained on a "lot," as defined in this Title. 
 

10.05.040 Additional Use Regulations 
 

The requirements of this Zoning Ordinance as to minimum site development standards shall not be construed to prevent the use for a single family dwelling of any parcel of land in the event such parcel was held in separate ownership. 
 

10.05.050 Additional Main Building Regulations 
 

Every main building shall be located and maintained on a "lot" as defined in Section 10.02.020, and every lot shall have the required frontage on a "street" as defined in Section 10.02.020 or upon a right of way or access strip of not less than twenty six (26) feet wide as approved by the Appeal Authority. 
 
 
 
 

10.03.060 Additional Yard Regulations 
 

  1. No required yard or other open space around an existing building or which is hereafter provided around any building for the purpose of complying with the provisions of this Zoning Ordinance, shall be considered as providing a yard or open space for any other building; nor shall any yard or other required open space on an adjoining lot be considered as providing a yard or open space on a lot whereon a building is to be erected or established.
  2. On any lot under a separate ownership from adjacent lots and of record at the time of the initial enactment of this Zoning Ordinance and such lot having a smaller width than required for the Zone in which it is located, the following regulations shall apply:
 
    1. For interior lots, each side yard may be equal to but not less than the same percentage of the required side yard width as the lot is of the required lot width, provided that in no case shall the smaller of the two side yards be less than five feet or the larger less than eight feet.
    2. On corner lots, each side yard may be equal to but not less than the same percentage of the required side yard width as the lot is of the required lot width, provided that in no case shall the side yard on the streetside be less than fifteen.
 
  1. On any interior lot where a private garage containing a sufficient number of parking spaces to meet the requirements of this Zoning Ordinance has a side yard equal to the minimum side yard required for a dwelling in the same zone, the width of the other side yard for the dwelling may be reduced to equal that of the minimum required side yard; and on any corner lot where such garage has such side yard, the rear yard of the dwelling may be reduced to fifteen feet, provided the garage also has a rear yard of at least fifteen feet.
  2. Every part of a required yard shall be open to the sky and unobstructed except
 
  1. for the ordinary projections of sills, belt courses, cornices, and other ornamental features, and chimneys and flues and
  2. for open or lattice-enclosed fire escapes, fireproof outside stairways and balconies opening upon fire towers which may project into a yard not more than five feet, and
  3. for accessory buildings in a rear yard, and
  4. for patios and uncovered decks of not more than three feet above ground level at the building line, which may project into a required rear yard not more than ten feet.
  5. No accessory building nor group of accessory buildings in any Residential Zone shall cover more than 10% of the rear yard.
  6. No space needed to meet the width, yard, area, coverage, parking or other requirements of this Zoning Ordinance for a lot or building may be conveyed away from such lot or building, except as permitted by the Appeal Authority, and any attempted conveyance or lease in violation hereof shall be void.
  7. No parcel of land which has less than the minimum width and area requirements for the zone in which it is located may be cut off from a larger parcel of land for the purpose, whether immediate or future, of building or development as a lot, except by permit of the Appeal Authority.
 

10.05.070 Additional Height Regulations 
 

  1. Penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain a building, and fire or parapet walls, skylights, towers, steeples, flagpoles, chimneys, smokestack and water tanks, wireless or television masts, theater lofts, silos or similar structures may be erected above the height limits prescribed in the Zone Height Regulations, but no space above the height limit shall be allowed for the purpose of providing additional floor space, and no heights are permitted above the maximum allowed under Airport Area Height Provisions.
  2. No dwelling shall be erected to a height less than ten feet and no accessory building in a Residential Zone shall be erected to a height greater than twenty-five feet.
  3. Agricultural buildings such as grain elevators or other facilities which are for Bona-fide agricultural uses only shall be considered by the Planning Commission as a special exception to the zoning ordinance.
 

10.05.080 Animals and Fowl 
 

  1. No barn, coop, pen or corral shall be maintained closer than one hundred feet to any street, twenty-five feet to any lot line and seventy-five feet to any dwelling on an adjacent lot.
  2. Farm animals shall be allowed in all zones provided the following requirements are met:

   a. The property containing the animal(s) shall be at least 20,000 square feet; 
 
 

10.05.090 Building Regulations 
 

Domestic water supply and sewage disposal shall comply with the Bear River Health Department requirements in all applications for a building permit where either an approved supply of piped water under pressure, or a sewer, is not available. When a public sewer is not available no building permit shall be issued for any lot less than twenty thousand square feet in area, except by approval of the County Board of Health. 
 

10.05.100 Regulations Governing Fences and Walls 
 

  1. Fences and walls in Residential Districts may be erected or allowed as limited or exempted herein, and provided that any fence or wall over three (3) feet in height shall require a fence permit and if over six (6) feet in height, be designed to withstand anticipated wind loads, as defined within the current adopted Town Building Code.  For fences, retaining wall or other landscape features less than three feet in height the following shall apply
 
  1. When sidewalk is present, a fence, retaining wall or other landscaping features may be place within one foot of the location of the sidewalk;
  2. When no sidewalk is the present, a fence, retaining wall or other landscaping features may be place in such a manner that it will be located no closer than one foot to future sidewalk location.
 
  1. Limitations are as follows:
 
    1. No private fence or wall shall be erected, allowed or maintained on public property without Town approval. Such approval may be granted by the Town Staff or designee under the following circumstances:
 
    1. The applicant is the owner of the adjacent property for which the fence or wall approval is sought;
    2. The public property involved is a Town street;
    3. When no sidewalk is present, the fence or wall will be placed in such a manner that it will be located no closer than one foot to future sidewalk location;
    4. When sidewalk is present, the fence or wall may be placed to within one foot of the location of the sidewalk;
    5. The portion of the public right-of-way between the fence or wall and the curb when curb is present, or between the fence or wall and the travel way when no curb is present, shall be maintained by the adjacent property owner;
    6. All other provisions of the Town Code apply;
    7. The owner will sign a document prepared by the Town Attorney agreeing to hold the Town harmless from liability arising as a result of the placement of the fence or wall on public property.
 
    1. On Interior lots:
 
    1. In side and rear yards, and that portion of the front yard between the front plane of the house and the required front yard setback, fences and walls shall be allowed to a maximum height of six (6) feet.
    2. In the required front yard setback, fences and walls shall be allowed to a maximum height of four (4) feet. A property owner may erect a six (6) foot fence in the required front yard setback along a common property line that is the back yard of an adjacent property, provided all other provisions of this ordinance are met.
 
  1. On Corner lots:
 
  1. In side and rear yards, and that portion of the front yard between the front plane of the house and the required front yard setback, fences and walls shall be allowed to a maximum height of six (6) feet except that in street-facing side and rear yards which back onto front yards of adjoining lots, fences and walls shall be limited to a maximum height of six (6) feet.
  2. In the required front yard setback, fences and walls shall be allowed to a maximum height of four (4) feet. A property owner may erect a six (6) foot fence in the required front yard setback along a common property line that is the back yard of an adjacent property, provided all other provisions of this ordinance are met.3
 
  1. The height limitations for fences and walls are further limited as follows:
 
  1. In any district requiring a front yard, no obstruction to view above three (3) feet and below seven (7) feet in height shall be permitted on any corner lot within a triangular as per Section 10.05.160.  Clear View Of Intersecting Streets.
  2. 2. Where a fence or wall is erected on or within five feet of a property line, upon a retaining wall, or where for other reasons there is a difference in the elevation of the surface of the land on either side of a fence, height of the fence shall be measured from a point halfway between the top of the retaining wall and the land on the lower side or from the average elevation of the surface of the land on either side and within ten (10) feet of the fence, but nothing herein contained shall be construed to restrict the fence or wall to less than four (4) feet in height measured from the surface of the land on the side having the highest elevation.
  3. 3. The Appeal Authority may grant special exceptions to the height limits contained in this section for fences or walls surrounding tennis courts, swimming pools, schools, or other special type facilities, where it is shown that the normal use or level of protection requires a greater height for safety or other reasons, provided, however, that the rights of adjoining property owners are equally considered.
 

10.05.110 Lighting 
 

  1. Exterior lighting. No spot light or floodlight shall be installed in any way which will permit the direct rays of such light to penetrate into any residential zone or onto any property used for residential purposes.
  2. Lights not to Constitute Traffic Hazard. No light, sign or other advertising structure as regulated by this Zoning Ordinance shall be erected at the intersection of any street in such a manner as to obstruct free and clear vision; or at any location where, by reason of the position, shape or color, it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device or which makes use of the words "STOP", "LOOK", "DRIVE-IN", "DANGER" or any other work, phrase, symbol or character in such manner as to interfere with, mislead or confuse traffic.
 

10.05.120 Private Park, Playground or Recreational Area  
 

In all residential zones a private park, play-ground or recreation area with or without a swimming pool shall meet the following requirements: 
 

  1. The lands and facilities used for such purpose shall be owned or leased and operated by a non-profit corporation for the exclusive benefit of the members, their immediate families and non-paying guests.
  2. Adequate rest rooms and sanitary facilities shall be provided and kept available for use by members, their families and guests, and shall be maintained in proper working order and in a clean and sanitary condition and in full compliance with the reasonable standards, rules and regulations established by the Bear River Health Department.
  3. Twenty-five off-street parking spaces, or one off-street parking space for each four memberships in the operating corporation, whichever is greater, shall be provided on the lot devoted to the principal use.
  4. Operation or use of the recreational or other facilities provided is forbidden between the hours of 11:00 p.m. to 6:00 a.m. the next following day.
  5. All facilities, equipment and building shall be set back not less than twenty feet from any property line and shall be located not less than fifty feet from any main building on an adjoining lot and from any area upon which any such main building may be constructed upon said adjoining lot if no such main building is in existence.
  6. The minimum size of the lot or suite used for such recreational or other purposes shall be one acre.
  7. Any lights used to illuminate the premises shall be installed in such manner that the source of light shall be suitably screened to avoid annoying illumination of lands outside said premises.
 

10.05.130 Public Utility Substation 
 

In all residential zones, public utility substations shall meet the following requirements: 
 

  1. Lot Area. Each public utility substation in a residential zone shall be located on a lot not less than two thousand square feet in area.
  2. Yards. Each public utility substation in a residential zone shall be provided with a yard on each of the four sides of the building not less than five feet in width, except that for such stations located on lots fronting on a street abutted by one or more residential lots, the front yard, side yards and rear yard shall equal those required for a single-family residence in the same zone.
  3. Street Access. Each public utility substation in a residential zone shall be located on a lot which has adequate access from a street, alley or easement.
  4. Location to be Approved. The location of public utility substation in a residential zone shall be subject to approval by the Town Planning Commission.
 
 

10.05.140 Swimming Pool; Family 
 

A family swimming pool shall be permitted in the rear yard of a dwelling as an accessory use provided the following requirements are met: 
 

  1. The location of such family swimming pool or accessory machinery shall not be less than ten feet from any interior property line. On corner lots, the distance from said pool to the property line facing on a street shall not be less than the required side yard for an accessory building in that zone.
  2. An outside family swimming pool shall be completely enclosed by a substantial fence of not less than six feet in height and any lights used to illuminate said pool or its accessories shall be so arranged as to reflect the light away from the adjoining premises. A substantial fence shall mean any fence that would not allow passage by any person and one that would feature a self locking gate in the event a gate is utilized.
 

10.05.150 Business Excluding Persons Under Age 18 Prohibited 
 

Notwithstanding any other provisions of this Ordinance, no shop or retail business, theater, store, bookstore, drug store or business otherwise permitted to do business in any or all zones in the Town, may be located or do business within any zone in the Town if said business or establishment, or any portion thereof, caters exclusively to adult persons to the advertised or other exclusion of persons under the age of eighteen years; provided, however, that such prohibition shall not apply to premises licensed to sell light beer to the extent that such premises exclude or advertise the exclusion of, or sale of beer to persons prohibited by law from buying or having same in possession, or to private non-profit clubs licensed under applicable Town license or to Utah State Liquor Stores doing business under Utah law and/or provisions of the Town of Elwood Ordinances. 
 

10.05.160 Clear View of Intersecting Streets 
 

  1. In addition to the other provisions contained in this Chapter, a clear view at the intersection of two streets shall be maintained within a triangular area formed by the property lines and a line connecting them at points forty (40) feet from the intersection of such lines; whichever is the least restrictive, except for a reasonable number of posts, telephone or power poles, pruned trees and pedestal type identification signs.  To maintain this clear view, the following standards shall apply:
    1. No solid-type fence or other visual obstructions between three (3) and seven (7) feet in height from the street elevation (measured from the elevation of the adjoining sidewalk) shall be allowed;
    2. Open-type fences or other obstructions which are at least 50 percent transparent are allowed to a height of four feet though they must be maintained to permit clear and unobstructed view; and
    3. Pruning is required for trees with an overhang less than seven feet above the street elevation (measured for the elevation of the adjoining sidewalk) in the clear view area.
 
  1. A clear-view area shall also be maintained at the intersection of a street and a private drive within a triangular area formed by a diagonal line connecting the line of the curb of the street and the line of the edge of the private drive at points 20 feet from the projected intersection of such lines.  In order to maintain this clear view, the standards outlined in A(1), (2) and (3) above shall apply
  2. The owner of any fence or wall shall have the duty and be required to properly maintain the same by painting, treating, trimming, repairing, or removal.
 

10.05.170 Uses Not Listed 
 

Within any zoning district, the Planning Commission or designee shall have the authority to identify and categorize unlisted uses within the listed permitted or conditional uses, based on a finding of substantial similarity of character, origin, and impact, etc., to a listed use, and when so categorized such use shall thereafter be recognized and treated the same as a listed use. 
 

10.05.180 Zero Side Yards 
 

One zero side yard may be permitted when approved by the Planning Commission and Town Council, and only if the following requirements are met: 
 

  1. The remaining one side yard is equal to the combined total of the required two side yards of the zone in which it is located, and
  2. No window or other similar opening shall be installed in the building or any accessory building along the side having a zero side yard, and
  3. No zero side yard will be permitted on the lot side bordering on a non-residential zone, or on a residential lot not utilizing zero side yard provisions, and
  4. Use of the zero side yard is contingent upon development of or commitment to development of a zero side yard on adjacent lot.
 

10.05.190 Flag Lots Requirements 
 

"Flag lot" means a flag or L-shaped lot consisting of a staff portion contiguous with the flag portion, the staff portion having frontage on a dedicated street. 
 

  1. All flag lots shall be approved as a special provision to the Land Use and Development Code by the Planning Commission. The Planning Commission may grant approval only if 1) The applicant makes written application for a flag lot on a form approved by the Planning Commission and pays the required fees at the time the application is submitted, 2) there are special circumstances attached to the property that do not generally apply to other properties in the same area and, 3) the Planning Commission specifically finds that all of the following conditions are met as to the proposed flag lot:
 
  1. It is necessary, reasonable and feasible to allow the flag lot in the area;
  2. Approval of a flag lot in the area will not substantially affect the general plan;
  3. Approval of a flag lot in the area will not be contrary to the public interest;
  4. The staff of the flag lot has a minimum width of thirty (30) feet.
  5. The staff of the flag lot has a maximum length of two hundred and fifty (250) feet.
  6. The flag lot, exclusive of the staff portion meets all of the zoning requirements of a lot in the area in which it is located; or be a minimum of ½ or 1 acre in lot size depending upon the residential zone.
  7. The applicant for a flag lot has prepared a plan showing the location of fire hydrants to serve the flag lot and that plan has been approved by the Fire Marshall.
 
  1. The Planning Commission may impose such additional requirements or conditions on the proposed flag lot as it deems necessary.
  2. The staff portion of a flag lot shall be used only as for ingress/egress. The staff portion shall be landscaped to be in harmony with other adjacent property and shall be improved by the installation of an improved hard surface such as concrete, asphalt or compacted road base.
  3. All improvements to the flag lot, including installation of the hard surface and fire hydrants, shall be performed at the applicants expense. No certificate of occupancy shall be issued for the proposed flag lot until the improvements are fully installed.
  4. Flag lots shall be approved only in subdivisions containing four (4) lots or fewer.
  5. The Planning Commission may hold a public hearing on each flag lot application it receives. Notice of such hearings shall be given to property owners within a three hundred (300) foot radius of the proposed flag lot. The costs of such notices shall be paid by the applicant.