CHAPTER 4

 

SUPPLEMENTARY AND QUALIFYING REGULATIONS

(Amended 3/02, 03/03, 6/03, 3/3/04)

 

4.1       EFFECT OF CHAPTER.

 

(1)       The regulations hereinafter set forth in this Chapter qualify or supplement, as the case may be, the zone regulations of any Zoning District appearing elsewhere in this Ordinance.

 

4.2       CONDITIONAL USE PERMIT REQUIRED FOR RESTRICTED LOTS.

 

(1)       No building permits shall be issued for construction of any building or structure to be located on a restricted lot unless a valid Conditional Use Permit for the same has previously been issued pursuant to this Code.

 

4.3       SUBSTANDARD LOTS AT TIME OF CODE PASSAGE.

 

(1)       Any lot legally held in separate ownership at the time of adop­tion of the first Grantsville City Zoning Ordinance (March 2, 1978) which lot is below the requirements for lot area or lot width or frontage for the district in which it is located and on which lot a dwelling would be permitted if the lot met the area requirements of this Code, may be used for a single‑family dwelling if such a lot is located in a residential district. The width of each of the side yards for such a dwelling may be reduced to a width which is not less than the same percentage of the lot width as the required side yard would be of the re­quired lot width, provided that in no case shall the smaller of the two yards be less than 5 feet, nor shall the total width of the two yards be less than 13 feet; provided however, that when this Code replaces a previously adopted zoning ordi­nance, if a lot was legally created under the provisions of that ordinance, it shall be classified as a legal non-conforming lot under this Code.

 

4.4       NON-CONFORMING LOTS PROHIBITED AFTER ADOPTION OF CODE.

 

(1)       After adoption of this Code, no lot having less than the minimum width, depth and area required in the district in which it is located may be created nor shall building permits be issued for construc­tion on such non-conforming lots created subsequent to adoption of this Code.

 

4.5       LOT STANDARDS AND STREET FRONTAGE.

 

(1)       Except for planned unit developments, condominiums, and as other­wise provided in this Code, every lot presently existing or hereafter created shall have such area, width, and depth as required by this Code for the district in which such lot is located and shall have frontage upon a public street or upon a private street or right‑of‑way approved by the Planning Commis­sion, before a building permit may be issued, provided that no lot containing 5 acres or less shall be created which is more than 3 times as long as it is wide.

 

4.6       EVERY DWELLING TO BE ON A LOT ‑ EXCEPTIONS.

 

(1)       Every dwelling structure shall be located and maintained on a separate lot having no less than the minimum area, width, depth and frontage required by this Code for the district in which the dwelling structure is located, except that farm or ranch dwellings, group dwellings, condominiums, and other multi‑structure dwelling complexes under single ownership and management, which are permitted by this Code and have approval from the Planning Commission, may occupy a single lot.

 

4.7       LOTS AND DWELLINGS FRONTING ON PRIVATE STREETS ‑ SPECIAL PROVISIONS.

 

(1)       Lots with frontage only on private streets shall be allowed by conditional use permit only, and shall conform to City right of way standards.

 

4.8       YARD SPACE FOR ONE BUILDING ONLY.

 

(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 Code 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.

 

4.9       YARDS TO BE UNOBSTRUCTED ‑ EXCEPTIONS.

 

(1)       Every part of a required yard shall be open to the sky, unob­structed except for permitted accessory buildings in a rear yard, the ordinary architectural projections of skylight, sills, belt courses, cornices, chimneys, flues, and other ornamental features which project into a yard not more than 2 1/2 feet, and open or lattice‑enclosed fire escapes, fire­proof outside stairways and balconies opening upon fire towers projecting into a yard not more than five feet.

 

 

 

4.10    EXCEPTIONS TO HEIGHT LIMITATIONS.

 

(1)       Penthouse or roof structures for the housing of elevators, stair­ways, tanks, ventilating fans or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, steeples, flagpoles, chimneys, smokestacks, water tanks, wireless, radio, or television masts, theater lofts, silos, energy generation and conservation apparatus, or similar struc­tures may be erected above the height limits herein prescribed. Nonetheless no space above the height limit shall be allowed for purposes of providing additional floor space, nor shall such increased height be in violation of any other ordinances or regulations of Grantsville City.

 

4.11    ADDITIONAL HEIGHT ALLOWED.

 

(1)       Public buildings and utility buildings, when authorized in a district, may be erected to a height greater than the district height limit by conditional use permit.

 

4.12    MINIMUM HEIGHT OF DWELLINGS.

 

(1)       No dwelling shall be erected to a height less than 1 story above grade, except in a planned unit development.

 

4.13    MAXIMUM HEIGHT AND FLOOR AREA OF ACCESSORY BUILDINGS.

 

(1)       No building which is accessory to a one‑family, two‑family, three‑family, or four‑family dwelling shall be erected to a height greater than 20 feet, whichever is lower, nor be higher, nor contain greater square foot floor area than the principal building to which it is accessory.

 

4.14    AREA OF ACCESSORY BUILDINGS.

 

(1)       No accessory building or group of accessory buildings in any residential district shall cover more than 25 percent of the rear yard.

 

4.15    WATER AND SEWERAGE REQUIREMENTS.

 

(1)       In all cases where a proposed building or proposed use will involve the use of sewage facilities, and a connection to a public sewer system as defined by the Utah State Division of Health is not available, and in all cases where a connection to a public water system approved by the Utah State Division of Health is not available the sewage disposal system and the domestic water supply shall comply with requirements adopted by Grantsville City. The application for a building permit shall be accompanied by evidence of the physical presence, legal right to and availability of culinary water acceptable to Grantsville City and showing the actual physical pres­ence, legal right and availabili­ty of a sewer system for the proposed building or use.

4.16    CLEAR VIEW OF INTERSECTING STREETS.

 

(1)       In all districts which require a front yard, no obstruction to view in excess of three feet in height shall be placed on any corner lot within a triangular area formed by the street property lines and a line connecting them at points 40 feet from the intersection of the street lines, except pedestal type identification signs and pumps at gasoline service stations, and a reasonable number of trees pruned so as to permit unob­structed vision to automobile drivers.

 

4.17    FENCES MAY BE REQUIRED.

 

(1)       When approved by the City Council, the Planning Commission may require the erection of fences as a prerequisite to approval of any project or to the granting of any building permit where, in the opinion of said Commission, this is necessary to protect life and property, or to prevent conflict of uses. Such fences shall be of a type and size neces­sary, in the opinion of the Planning Commission, to accomplish the above‑stated purpose.  View obscuring fences shall be installed by the property owner to block the view from the public right‑of‑way, or from neighboring properties whenever uses of land are found by the Planning Commission to be offensive, detracting, obnoxious, visually polluting or otherwise visually devaluing to the Community.

 

4.18    MAXIMUM HEIGHT OF FENCES, WALLS, AND HEDGES.

 

(1)       Fences, walls, and hedges may be erected or allowed to the permitted building height in the district when located within the required buildable area.  Fences, walls, and hedges may not exceed 6 feet in height within any required rear yard or interior side yard.  No view‑­obscuring fence, wall or hedge exceeding 3 feet in height shall be erected or allowed closer to any street line than the required building setback line. Non-view‑obscuring fences or walls may be erected to a maximum height of 4 feet within the front yard.  For the purpose of this section, single shrub planting shall not constitute a hedge if the closest distance between the foliage of any 2 plants is and remain at least 5 feet.

 

(a)       Where a fence, wall, or hedge is located along a property line separating 2 lots and there is a difference in the grade of the properties on the two sides of the property line, the fence, wall, or hedge may be erected or allowed to the maximum height permitted on either side of the property line.

 

(b)       All fence construction higher than six feet requires a building permit to be issued by the City Building Official.

 

(c)       There shall be no fence nor hedge within 3 feet of any fire hydrant.

4.19    SALE OR LEASE OF REQUIRED SPACE.

 

(1)       No space needed to meet the width, yard, area, coverage, parking or other requirements of this Code for lot or building may be sold or leased away from such lot or building.

 

4.20    CONSTRUCTION SUBJECT TO GEOLOGIC OR FLOOD HAZARDS.

 

(1)       Whenever development or construction is or may be subject to geologic or flood hazards, the Planning Commission may require the applicant to submit a geologic and soils survey report prepared by a qualified professional team.  When such report indicates a lot to be subject to unusual poten­tial or actual geologic or flood hazards, the applicant shall meet the special conditions required by the Planning Commission to reduce or eliminate such hazard, or if such conditions cannot be met or will not be met, the application for a building or conditional use permit shall be denied.

 

4.21    LOCATION OF GASOLINE PUMPS.

 

(1)       Gasoline pumps shall be set back no less than 18 feet from any street line (property line) to which the pump island is perpendicular, and 12 feet from any street line to which the pump island is parallel, and not less than 10 feet from any residential or agricultural district boundary line. If the pump island is set at an angle on the property, it shall be so located that the automobiles stopped for service will not extend over the property line.

 

4.22    PROPERTY DIVIDED BY ZONING DISTRICT BOUNDARIES.  (Amended ’97)

                      (AMENDED 1-15-97)

 

(1)       ­Where a zoning district boundary cuts through a lot, the use regulations to each portion of the lot shall strictly apply to it and shall not extend into the other portion of the lot that has a different zoning district designation..

 

4.23    UTILITY EXTENSIONS AUTHORIZED ONLY TO PERMITTED STRUCTURES AND BUILDINGS.

 

(1)       No sewer service line, water service line, electrical nor gas utility line shall be installed by a public or private company to a building, structure, or use which does not comply with the provisions of this Code or other local regulations.

 

4.24    UTILITIES RESPONSIBLE FOR EXCAVATIONS.

 

(1)       It is the intent of this Code to hold franchised utilities respon­sible for all excavations, back‑filling and paving. To this end all such work, whether done by a private or public entity, shall be commenced only pursuant to the issuance of a permit (see Chapter 7 of this Code). Cuts and fills shall be con­structed according to standards established by Grantsville City.

 

4.25    EFFECT OF GENERAL PLAN ON FRONT YARD REQUIREMENTS.

 

(1)       Wherever a lot is adjacent to a mapped street on the adopted General Plan of Grantsville City, there shall be a front yard provided which is measured from planned edge of the future right‑of‑way.

 

4.26    CONSERVATION OF VALUES.

 

(1)       The appearance and condition of premises has a significant effect on property values, wholesomeness of surroundings and moral values. Accordingly, the following regulations shall apply:

 

(a)       The outside surface of buildings which are constructed of wood shall be coated with paint or other wood preservative before such building is occupied or used.

 

(b)       Whenever a front yard is required, such yard shall be planted and maintained in lawn and shrubbery, except for walks and driveways.

 

(c)       Trash, weeds or other material liable to contribute to a fire hazard, infestation by rodents or insects shall not be allowed to remain on any lot out­side of approved containers in Grantsville City and no junk, debris, abandoned or dismantled vehicles, or similar refuse material shall be stored or allowed to remain outdoors except in an MD or MG district by conditional use permit.

 

4.27    EXTERIOR APPEARANCE RESIDENTIAL FACILITY (Amended 03/03).

 

(1)       Roof, exterior siding, dimensions, and skirting or foundation of a residential facility shall meet the following standards:

 

(a)       Roofs shall have a minimum pitch of 2.5 to 12 over at least 75% of the structure and have a surface of wood shakes, wood or composition asphalt mineral surface shingles, concrete, fiberglass or metal tiles, single‑ply, slate, built‑up gravel, or standing rib metal roofing. Roof overhangs must not be less than twelve inches, excluding rain gutters which may account for up to four inches of overhang measured from the vertical side of the dwelling.

 

(b)       Exterior siding materials shall consist of wood, masonry, concrete, stucco, “masonite”, metal or vinyl clad lap, or any material with similar appearance which meets the Uniform Building Code.

 

(c)       The minimum width of any dwelling shall be at least 22 feet at the narrowest point of the main floor at ground level for at least 32 feet measured at right angles to the width face exclusive of garage area.

                                    Manufactured homes or modular units as defined in Utah code Ann.

58-56-3, shall also meet the width and length requirements of this section when the factory built sections are joined together on site, exclusive of garage area.  Manufactured homes or modular units may not have additions constructed on site to meet the width and length requirements of this section.  (amended 03/03)

                                   

(d)       Skirting is required with materials which meet the Uniform Building Code standards and is aesthetically consistent with concrete or masonry type foundation materials. A masonry foundation constructed in accordance with plans and specifications available UPON REQUEST from Grantsville City is acceptable.

 

4.28    STORAGE SPACE REQUIRED FOR DWELLING.

 

(1)       A residential facility must provide a minimum of 72 square feet of enclosed storage space with at least six feet of clear height located within the residential facility, in the basement, in the garage area (supplemental to) or in an accessory storage structure on site which conforms to all applicable zoning and building code regulations and requirements.

 

4.29    NEW DWELLINGS CONSTRUCTED ON‑SITE OR MANUFACTURED OFF‑SITE.

 

(1)       Construction of dwellings shall comply with all applicable regulations in effect in Grantsville City, be constructed on a legal lot in a zone which permits the residential facility and obtain the appropriate building permit. A certificate of occupancy is required and will be issued upon finding that the residential facility has complied with the controlling regulations.

 

(2)       New construction of dwellings on site shall meet the requirements of the Uniform Building Code (UBC), and be inspected by the local Building Official. Additions, alterations, foundations, and accessory buildings require building permits.

 

(3)       New dwellings constructed or manufactured off‑site in a “factory” must be certified to be in compliance with the Uniform Building Code or the National Manufactured Housing Construction and Safety Standards Act of 1974 and bear the approved U. S. Department of Housing and Urban Development approved (HUD) insignia. The HUD insignia may not be removed from its original location on the structure nor any unapproved modification made to the structure without approval of Grantsville City. Installation of an off‑site manufactured residential facility that is designed to meet UBC requirements shall be permanent and comply with Uniform Building Code requirements for component assemblies. The installation shall be designed to meet seismic and wind load requirements. A copy of the calculations shall become part of the building permit application.

 

(4)       Installation of the off‑site manufactured residential facility constructed to meet HUD requirements and bears the HUD insignia shall comply with the authorized “installation manual” which accompanies the unit from the factory. The installation shall be designed to meet seismic and wind load requirements. A copy of the calculations shall become part of the building permit application. The residential facility shall be permanently installed on an approved foundation which is constructed according to the HUD installation manual or the Uniform Building Code.

 

4.30    PREVIOUSLY USED AND OLDER DWELLINGS.

 

(1)       Before being moved into, or within Grantsville City, used dwellings, constructed off‑site shall:

 

(a)       Provide a certification from a qualified licensed professional, approved by Grantsville City, that the structure was constructed to meet HUD requirements and retains the insignia of approval, has not been modified, or, if it has been modified that such modification does not invalidate the original factory certification for its intended use; or

 

(b)       Provide a certification from a qualified licensed professional approved by Grantsville City that the facility was constructed to meet UBC requirements and has not been modified, or, if it has been modified that such modification does not invalidate the original approval of having been constructed to meet UBC requirements.

 

(1)         If a residential facility does not meet the above criteria and the local Building Official is convinced that the plans for its installation in Grantsville City will bring it in to full compliance with the Uniform Building Code, said Building Official may approve the plans and allow the residential facility to be moved to its intended permanent legal location in Grantsville City.

 

 

4.31      ANIMALS AND THEIR OFFSPRING.  (Amendment 3/02)

 

(1)     Under all circumstances that this Ordinance allows or permits a limited number of animals to be kept on property, as a conditional or non-conforming use, the offspring of such animals may also be kept on said property, without violating any numerical restrictions, until such time as said offspring are no longer suckling or are nine months of age, whichever occurs first, at which time said offspring or other animals shall be removed from property to maintain the permitted number.

 

4.32      OVERHEAD UTILITY LINES PROHIBITED (Amended 6/03, 3/3/04)

 

(1)     All new electricity, cable television or communication utility lines required for new commercial developments or new residential units shall be placed underground pursuant to the requirements of the applicable state building and electrical codes.

 

(2)     The Planning Commission is authorized under limited circumstances to issue a permit approving or authorizing the use or continuation of an overhead or above ground utility line or related facility under circumstances when an underground utility line or related facility is impracticable or is an unreasonable burden upon the owner or developer.