The regulations set forth in this chapter qualify or supplement, as the case may be, the Deweyville Land Management and Development Code and Regulations appearing elsewhere in this Code.
The regulations set forth in this chapter qualify or supplement, as the case may be, the regulations appearing elsewhere in this Code.
3.2 Substandard Lots
Nothing in this Code shall be construed as preventing the division of approved and platted duplex lots into separate ownership under the terms of either a condominium ownership structure, a planned unit development ownership structure, or a party-wall agreement. No new lots may be platted or created by deed which do not comply with the minimum lot size requirements established for that zone.
3.2.1 Restricted Lots -- Building Permits Prohibited
No building permit shall be issued on restricted lots.
3.3 Reduced Site Requirements
Any lot under separate ownership of record prior to the adoption of the original Deweyville Development Code, which has dimensions which would prevent building because of the front yard, rear yard, and side yard set back required by the zone in which the located, and any lot which has been approved by the Town prior to the effective date of this Code which would prevent building because of the front yard, rear yard, and side yard set backs required by the zone in which it is located, shall be deemed to comply with the requirements of the zone in which it is located. The standards of the International Building Code for development on construction on or near lot lines must still be met. This section is not intended to conflict with Subsection 3.9 nor shall it be interpreted as taking precedence over the requirements of Subsection 3.9.
3.4 Lot Standards
Except as may otherwise be provided in this Code, no building permit shall be issued for a lot unless such lot shall have area, width, and depth as required by the regulations for the zone in which the lot is located, and the lot has frontage on a street shown as a Town street on the streets master plan, land use map, official zoning maps or on private easements connecting the lot to a street as shown on the above mentioned plans and/or maps.
3.5 Sale or Lease of Required Space
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.
3.6 Sale of Lots Below Minimum Space Requirements
No parcel of land which has less than the minimum width and area requirements for the district in which it is located may be created from a larger parcel of land for the purpose, whether immediate or future, of building or development as a lot. See Restricted Lots
3.7 Fences, Walls and/or Hedges in RR-35 Zone In RR-35 zones fences, walls, and hedges higher than six feet are not allowed within the buildable area. Fences, walls, and hedges shall not exceed four feet in height within any required front yard or side street side yard and shall not exceed six feet within any required rear yard or interior side yard. Where a fence, wall, or hedge occurs along a property line separating two lots and there is a difference in the grade of the properties, the fence, wall, or hedge may be erected or allowed to the maximum height permitted on the low side of the property line.
3.7.1 Restrictions on Materials
Chain link fences over six feet are prohibited in all zones with the following exceptions
which must be approved by the Planning Commission. (a) For recreational facilities such as tennis courts or other Town facilities, (b) As temporary vegetation protection during construction as directed by the Planning Commission. ( c ) Chain link fences may be permitted in other circumstances by the Planning Commission when it is found that the fence is necessary in the interest of security or public safety, and when the fencing needs cannot be reasonably met with any other type of fencing.
3.8 Frontage Protection, Safety, and Limited Access to Highways
The frontage along one or both sides of all State, County and Town roads are subject to special review for protection of the highway frontage and safety of access by roads and driveways. These areas, when designated by the Town Planning Commission are shown on the official zoning district map. Any building or development proposal along these sections of roads and highways are subject to special review by the Town Planning Commission. The highway frontage review in these designated areas shall be limited to the following factors:
3.8.1 Consolidated Access
To the extent possible to minimize access points and driveways to the highways, access shall be from existing Town or Private streets that join with the highways rather than direct highway access. Common driveways between adjoining projects shall be used when possible, and driveways that are required in order to provide access shall be placed where they create the least interference with traffic on the highways.
3.8.2 Public Safety
All access points along these designated corridors shall be reviewed for public safety of ingress and egress on intersections, pedestrian safety, safety of winter access on steep grades and possible flooding and erosion hazards.
3.8.3 Pathways and Future Improvements
The Town shall review proposals for pedestrian and bicycling pathways through the frontage property, proposals for open space, buffered areas, and preservation of view corridors where applicable.
3.8.4 Conditional Use along Frontage
All construction in the setback area between 30 feet and 100 feet from the nearest right-of way line in the designated highway protection areas is a conditional use, and subject to the conditional use review process, including design review, even when the occupancy is a permitted use elsewhere in the zone.
3.9 Clear View of Intersecting Streets
In all zones, no obstruction to public or private street views in excess of two feet in height above road grade shall be placed on any corner lot within a triangular area formed by the streets at property line and a line connecting them at points 25 feet from the intersection of the street right-of-way lines, except for a fence four feet or less in height that does not obstruct the view of on-coming traffic and a reasonable number of trees pruned low enough to permit automobile drivers an unobstructed view.
3.10 Public Utility Structures
Public utility structures may be permitted on less than the required size lots in any district as approved by the Planning Commission. These facilities are conditional uses.
3.11 Zero Side Yard Requirements
Zero side yard developments are not permitted in residential development.
3.12 Home Based Business
A home based business in a residential zone is a lawful and permitted use if it complies with the definitions and guidelines outlined in this section. If it does not meet these guidelines, it shall be regulated under Appendix A. The Home Based Business must be conducted and carried on entirely within a dwelling or accessory building not exceeding 1,500 square feet by persons residing in the dwelling or by those persons at sites away from the dwelling, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. A resident of the home must own the business and may employ others not residing at the residence so long as no two or more individuals not residing in the residence may be employed within the buildings in which the home based business operates at the same time. A home based business may include the sale of goods or merchandise directly from the home. The use of mechanical equipment shall be limited to tools whose use shall not generate noise, smoke, or odors perceptible beyond the premises of the dwelling or accessory building. Home based business would not allow a resident, professional or otherwise, to use the dwelling for his general practice when that practice is normally associated with some other zoning district when the business operation is at a scale that impacts the neighborhood’s character and use. Home based business will, however, allow the use of the dwelling by a physician, dentist, lawyer, clergyman, engineer or the like for consultation or emergency treatment. Consultation shall include the use of a dwelling to receive mail and maintain a telephone, fax or automatic answering device and computer related to the home based business. Tele-commuting in a home satellite office, away from a main office is permitted. Home based business shall include the care of fewer than three children other than members of the family residing in the dwelling or as prescribed by State codes or regulations. In all cases, signage shall be limited to identifying the location of the business by appropriate window displays or signs. Signage is not advertising to attract passers-by to home based business. Therefore, sign shall be limited in size so as not to affect the character of a residential neighborhood, Therefore signs shall not exceed six (6) square feet and must be in a window , attached to a wall, a fence or post(s) so as not to cause a hazard. In the event covenants applicable to the property prelude this use, the covenants shall control. A home based business as described by this section would be a permitted use in any residential zone and would require compliance with Town business licensing regulation in effect at the time of use. If complaints are received by the Town from adjoining residences, the Town may require a conditional use permit for said business. Employer must provide on site parking for all employee vehicles. All home based businesses outside of the guidelines of the permitted use as described in this section shall be conditional uses, and must be applied for as such.
3.13 Side Yard Exceptions See Definition 2.181
The area of a required side yard shall be open and unobstructed except for the following and similar uses:
(a) The ordinary projections of window sills, belt courses, cornices, and other ornamental features to the extent of not more than twelve inches.
(b) The projection of an eve not more than three feet.
( c ) The projection of a step not over three feet.
(d) Awnings projecting over doorways and windows not more than three feet.
(e) A bay window or chimney not over ten feet long projecting not more than three feet, providing such extension maintains the minimum side yard allowable for the smallest
side yard in that district.
(f) A light or window well not over three feet in width.
(g) Walls or fences not more than six feet in height, in RR-35 zones.
(h) A driveway leading to a properly located garage or parking area; however, a required side yard cannot be used for parking.
( i ) A detached garage shall not be located in a required side yard.
(j) Hot tubs, decks or similar uses at ground level shall not be allowed in a required
3.14 Rear Yard Exceptions See definition 2.180
The area of a required rear yard shall be open and unobstructed except for the following which are permitted:
(a) A bay window or chimney not over ten feet long projecting not more than three feet.
(b) Window wells extending not more than four feet.
( c ) The projection of an eve or cornice not more than three feet.
(d) Private swimming pools, tennis courts, and similar uses shall be allowed in a rear yard
provided they are located at least 30 feet from any dwelling on an adjoining lot and at least ten feet from any property line.
(e) Hard surfaced parking areas subject to the same location requirements of a garage.
(f) Underground bomb or fallout shelters for emergency use only provided they are constructed at least four feet from any property line and also that they conform to all requirements established by the Civil Defense Agency for approved shelters.
(g) Air conditioners.
(h) Fences not over eight feet in height.
( i ) Hot tubs or similar uses shall be allowed in a rear yard provided they are located at least ten feet from a dwelling on an adjoining lot or five feet from the property line.
3.15 Front Yard Exceptions See definition 2.179
The area of a required front yard shall be open and unobstructed except for the following which are permitted:
(a) A wall or other obstructions not more than two feet in height; no fence shall be allowed
within 25 feet of the intersection on any corner lot except for a fence four feet or less in height that does not obstruct the view of on-coming traffic. No obstructions to public or private street views in excess of two feet in height above road grade shall be placed on any corner lot within a triangular area formed by the streets at property line and a line connecting them at points 25 feet from the intersection of the street right-of-way lines, except a reasonable number of trees pruned low enough to permit automobile drivers an unobstructed view.
(b) Uncovered steps leading to the main building; provided, however, that they are not more
than four feet in height and do not cause any danger or hazard to traffic by obstructing the view of the street or intersection. Any portion of any steps, covered or uncovered, that are more than four feet above grade must maintain the required setback line.
( c ) Eaves or cornices projecting not more than three feet.
3.16 Height Provisions
The total height of the building shall be measured at the highest point of the roof. The center-line of the house or other structure at the original grade of the property before development activity is the reference point to determine height. The height limit in all zones is 35 feet. The following exceptions apply:
(a) Antennas, chimneys, flues, vents, or similar structures may extend up to ten feet above the specified maximum height limit for the zone.
(b) Water towers and mechanical equipment may extend up to five feet above the specified
maximum height limit.
( c ) Church spires, bell towers, and like architectural features, may extend over the specified
maximum height limit, but shall not contain any habitable spaces above the maximum zone height stated. These features must be approved as a conditional use in the appropriate district.
3.17 Secondary Living Quarters and Accessory Apartments within Residential Dwellings
3.17 .1 Purpose Of Section:
The purpose of permitting an accessory apartment is to:
Provide homeowners with a means of obtaining, through tenants in an accessory apartment, rental income, companionship, security and services, and thereby to enable them to stay more comfortably in homes and neighborhoods they might otherwise be forced to leave;
22.214.171.124 Add inexpensive rental units to the housing stock to meet the needs of smaller households, both young and old;
126.96.36.199 Make housing units available to moderate income households who might otherwise have difficulty finding homes within the city;
Develop housing units in single-family neighborhoods that are appropriate for
small households at a variety of stages in the life cycle, thereby lessening
fluctuations in neighborhood demand for particular services.
188.8.131.52 A conditional use permit will be granted for a use to be known as accessory apartment rental in owner occupied single-family dwellings, provided that the
following standards and criteria are met:
184.108.40.206.1 The apartment will be a separate housekeeping unit that can be isolated within the original unit. A single common meter for each utility is required to maintain the accessory nature of the apartment.
220.127.116.11.2 Only one apartment will be created within a single-family house.
The owner(s) of the residence in which the accessory unit is created shall occupy at least one of the apartments in the dwelling, except for bona fide temporary absences determined by the planning and zoning commission.
18.104.22.168.4 The accessory apartment shall be designed so that the appearance of the building remains that of a one-family residence. Any new entrances shall be located on the side or in the rear of the building.
22.214.171.124.5 The design of the apartment conforms to all applicable standards in the health, building and other codes. Certification by the health department must be issued stating that the waste disposal system is sized according to total available bedrooms in the house before a permit is granted.
126.96.36.199.6 The maximum size for secondary living quarters shall be 1000 square feet. This amount shall be included in the total building square footage calculations for all structures.
188.8.131.52.7 At least three (3) off street hard surfaced parking surfaces are available for use by the owner-occupant(s) and tenant(s). Parking not to exceed twenty five percent (25%) of front or side property line.
184.108.40.206.8 Building permit is required for all changes required to the building for the creation of an accessory apartment.
220.127.116.11.8.1 Required exit doorways must have a minimum clear opening of 32 inches.
18.104.22.168.8.2 Bedroom areas and hallways must be equipped with smoke detectors which are hard wired with battery backup.
22.214.171.124.8.3 Apartments must have at least one room of not less than 120 square feet. Other habitable rooms except the kitchen must have an area of not less than 70 square feet.
126.96.36.199.8.4 Apartments must be equipped with a kitchen sink. A bathroom equipped with a toilet, lavatory, and either a bathtub or shower.
188.8.131.52.8.5 Heat and ventilation must be separate.
184.108.40.206.8.6 All sleeping rooms must have at least one operable window or door approved for emergency escape or rescue which must open directly into the yard.
220.127.116.11.8.7 All other requirement of the International Building Code.
18.104.22.168 Accessory apartments are allowed in all residential zones.
3.17.3 Application Procedures:
22.214.171.124 Application for a permit for an accessory apartment shall be made to the planningand zoning commission in accordance with the conditional use permit procedures given in this title and shall include:
126.96.36.199.1 A notarized letter accompanying the application from the owner(s) stating that the owner will occupy one of the dwelling units on the premises, except for bona fide temporary absences;
188.8.131.52.2 A floor plan of one-fourth inch (1/4") to the foot showing proposed changes to the building and the relationship of the accessory apartment to the primary residence on a sheet of paper of sufficient size to clearly show the details required;
184.108.40.206.3 A site plan;
220.127.116.11.4 A fee as set forth by the most recent prevailing fee schedule adopted by resolution of the city council to cover the costs of processing the application, legal notices and code inspection.
18.104.22.168 Within thirty (30) days of the receipt of an application, the planning and zoning commission shall hold a public hearing. Legal notice of such public hearing shall be published in the official newspaper at least ten (10) days prior to the public hearing.
22.214.171.124 The purchasers of a home that has a conditional use permit for an accessory or the developer has provided adequate security to guarantee timely completion of theimprovements. When all of the improvements and the building cannot be completedsimultaneously due to weather conditions or other factors beyond the control of thedeveloper (excluding financial inability to complete the project) the Town may grant plat approval for recording and/or issue certificates of occupancy for the project, provided the following conditions are met:(a) The building or buildings, or portions thereof, on the property to be platted oroccupied have been constructed in accordance with the approved plans for those buildings,and are in full compliance with applicable building and fire codes, and are completed to the extent that only exterior site improvement work remains unfinished; and,(b) The Building Official determines that occupancy of the buildings, or portionsthereof, prior to completion of required site improvements is safe and that access for emergency vehicles is adequate with the site improvements unfinished; and, ( c ) The developer posts adequate security for the benefit of the Town to insure completion of the site improvements in full compliance with the approved plans within oneyear from the date of plat approval (if required) or issuance of the certificate of occupancy, whichever occurs first.3.18.4 Amount of SecurityThe amount of the security to be posted by the developer shall be determined by the Planning Commission and/or Town Engineer, and shall be equal to 125% of the amountreasonably estimated by the Town as being necessary to complete remaining on and off siteimprovements as shown on the approved plans. In the event that the developer disputes the cost estimate of the Town, the developer may prove a lower construction cost by providingbinding contracts between the developer and contractor or subcontractor appropriate toperform the required work at a stated, fixed price. These contracts must be supported by a120% performance bond, insuring performance by the subcontractor or contractor. Bid proposals are not satisfactory for this purpose. If the contracts submitted are acceptable inform, the amount of security required shall be 125% of the total contract price of all suchcontracts submitted, plus the estimated reasonable cost of performing any work not covered by the contracts. Specifications in such contracts shall be sufficiently clear to identify the work called for under the contract.
126.96.36.199 Where appropriate, the planning and zoning commission will take steps to expedite approval or to give conditional approvals prior to sale in order to protect continued residence by existing tenants.
3.18 Completion of On and Off Site Improvement Work Prior to the Approval of Plats or Issuance of Certificates of Occupancy
188.8.131.52 Security Required
In order to protect the Town from the financial burdens resulting from damage to or increased maintenance costs for Town facilities and Infrastructure that may occur as a result of incomplete or inadequate site improvements on private construction projects or off-site improvements performed by the developer as required by the Town and as required through the Infrastructure Impact review analysis process as defined in chapter 1, it is the policy of the Town to require that developers either complete all required on or off-site improvements prior to occupancy, or if that is not possible, that adequate financial security for that completion, together with a right of entry to the property to complete that work be granted to the Town. It is specifically the intention of the Town to require that storm drainage work, paving, curb and gutter, water and sewer facilities, soil retention structure, and landscaping as needed to control erosion be completed according to standards adopted by the Town, so that residents and taxpayers at large are not required to pay the costs of damage repair or disproportionately increased maintenance for any of these facilities. No plat will be approved, where required, and no certificate of occupancy granted unless and until adequate financial security is posted in accordance with this section.
184.108.40.206 No Third Party Beneficiaries Intended
It is the intention of the Town that this financial security given by the developer be limited to a contract between the Town and the developer for the express purpose of providing for the protection of Town facilities and elimination of conditions which could become public nuisances. It is not intended that this security be available for payment of subcontractors or material suppliers in the nature of a surety bond, or that the security provided become available to the purchasers of property to correct construction flaws of defects which are the fault of the developer. In no event will the funds be used for purposes other than those stated in this section and the time and manner of the expenditure, and prioritization of work performed shall rest in the sole discretion of the Town.
3.18.2 Construction According to Approved Plans
All construction shall be completed according to the approved plans and specifications on which the building permits were issued. The approved plans shall also include the site improvements shown on the site plan. For purposes of this Code, the term "site improvements" shall include all roads, sidewalks, curbs, gutters, drains, drainage works, grades, walls, landscaping, planting, paving, utility lines and related facilities, paths and trails, and similar improvements as shown on the set of plans on which the final approval and building permits are based. "Off-site Improvements" shall refer to all facilities as defined in "site improvements" above but off of the development parcel(s) and required by the infrastructure impact review studies. These improvements will be constructed at the same time as the building development that required the improvements and will be constructed to Town standards and approved, inspected and constructed under the Authority of the Town Engineer or his/her representative. These two types of improvements may be referred to collectively as "Improvements". Deviations from the approved plans must be approved in advance by the Town or its staff.
3.18.3 Security for Completion
No certificate of occupancy will be issued, nor any plat approved when plats are required by this Code, unless the building and all required on and off site improvements are completed,
3.18.4 Amount of Security
The amount of the security to be posted by the developer shall be determined by the Planning Commission and/or Town Engineer, and shall be equal to 125% of the amount reasonably estimated by the Town as being necessary to complete remaining on and off site improvements as shown on the approved plans. In the event that the developer disputes the cost estimate of the Town, the developer may prove a lower construction cost by providing binding contracts between the developer and contractor or subcontractor appropriate to perform the required work at a stated, fixed price. These contracts must be supported by a 120% performance bond, insuring performance by the subcontractor or contractor. Bid
proposals are not satisfactory for this purpose. If the contracts submitted are acceptable in form, the amount of security required shall be 125% of the total contract price of all such contracts submitted, plus the estimated reasonable cost of performing any work not covered by the contracts. Specifications in such contracts shall be sufficiently clear to identify the work called for under the contract.
3.18.5 Terms of Security
apartment who want to continue renting their apartment must demonstrate that all
conditions requisite to maintaining the conditional use permit, in particular their
residence in the home, are being met. The terms of any security arrangement offered to the Town shall state a date certain by which the developer agrees to have on and/or off site improvement work completed in accordance with the plans, and further provide that in the event that the developer has not completed required site improvement work by that date, the Town may at its option and on its schedule, draw on the funds escrowed, or credit established, or such other security device by its own act, and shall not be required to obtain consent of developer to withdraw funds for completion of the work shown on approved plans. The Town's actual costs in administering the completion of work in the event of a default by the developer shall be reimbursed from the escrow or other security arrangements in an acceptable and timely manner.
3.18.6 Form of Security
Security arrangements offered in lieu of simultaneous completion of buildings and site improvements shall be in an amount fixed under the terms of Section 3.18.4, and shall be in one or more of the following forms as approved by the Town Attorney:
(a) An irrevocable letter of credit from a bank authorized to do business in
the State of Utah, naming Deweyville Town Municipal Corporation as the payee of funds drawn against that letter of credit and guaranteeing the availability of funds for one year, or,
(b) A deposit of cash with a third party escrow, or,
( c ) An agreement with the construction lender providing that the lender will
withhold funds in the construction loan in an amount equal to the amount
calculated in Section 3.19.4, above, and will disburse those funds only with the written consent of the Town, and only for the completion of any required
improvements. As improvement work is completed, the Town will consent to the disbursement of the funds set aside by the lender.
(d) Some combination of the above approved by the Town.
The amount in excess of the actual construction costs, but in no event more than 25% of the actual construction cost, shall be held for a period of one year following final inspection and approval of the required on and/or off site improvement work by the Town. No retainage shall be held for landscaping improvements once the installation of the required materials has been approved by the Town. The retainage amount may be provided in any of the ways described in Section 3.18.6. If the developer fails to provide new security instruments within 30 days from the expiration of the security instruments provided for the initial construction under Section 3.18.6, the Town shall make a demand or draw on that security to the extent of the required retainage amount, and hold the proceeds in cash until and
unless other adequate security, as provided in this Code, is posted by the developer. Retainage will be used to replace or repair any site improvements which fail or appear to be defective during the one year retainage period. The corrective work may be done by the Town or the developer. At the completion of that work, the retainage, or so much of it as remains, shall be released. Retainage amounts may be drawn and applied to any outstanding fees owed by the developer to the Town, provided that such fees are imposed by ordinance and the amount of the fees is not to be contested by the developer.
3.18.8 Modification of Plans
A developer may, at its option, request modifications to plans covering on and/or off site improvement work by submitting revised plans to the Town for review and action. Until the revised plans have received approval by the Town, the developer shall be required to offer security for the performance of the improvement work as shown on the last set of plans to have received Town approval. Upon acceptance of revised plans by the Town, the Town shall release any cash, credit or other security held, which is in excess of 125% of the completion cost (estimated) of work shown on the most recently revised plan. If the modification of the plans increases the cost of required improvements, additional security must be provided by the developer to cover the increased costs.
3.18.9 Payment of Interest
Any interest accruing on escrowed funds shall, unless expended for completion of site improvements required, inure to the benefit of the developer upon release and not to the Town, and the Town shall not be required to pay interest to the developer on any funds escrowed for this purpose.
3.18.10 Detailed Improvement Plans and Specifications
Detailed on and/or off site improvement plans and specifications shall be presented, showing the location, design and nature of all Streets, drainage works, utility pipelines, storage tanks, pumping systems and related facilities, grade changes, retaining walls and landscaping, together with any trails, paths, or walkways that may be included or required under these or other provisions of the Land Management and Development Code. All plans and supporting documentation must be approved by the Town and/or its Engineer before
commencement of any work by the Developer. The Developer is responsible for all plan review fees that must be incurred by the Town or its consultants.
3.18.11 Single-Family Homes
This provision shall apply to all construction in Deweyville Town, including single-family homes, if improvements are required in the impact analysis, provided however, that the amount of security required for single-family homes shall be the reasonably estimated cost to complete construction of any improvements and drainage works on a labor and materials basis, and the estimated cost to complete required landscaping (to the extent necessary to hold the soil in place and prevent erosion) on the basis of materials only.
3.18.12 Phased Projects and Concurrence
On and/or off-site improvements applicable to each phase of a phased project or
development shall be completed concurrently with the first phase of the project and appropriate securities shall be put in place to insure that the total infrastructure is completed along with the first phase. Phasing of improvements may be allowed only under special circumstances as outlined by the Town planning staff and/or technical review committee and approved by the Town Council. If phasing is allowed, adequate security for completion of each phase must be provided to insure that each phase of infrastructure is constructed and either platted or occupied.
3.18.13 Setback Requirements for Unusual Lot Configurations
All lots shall have a front, two side and a rear setback with the following exceptions and clarification's:
(a) Development on corner lots shall have two front setbacks. The rear yard will be the side of the property opposite the driveway access from the street. If it is not clear which boundary should border the rear yard, the owner or developer may specify which is the rear yard.
(b) Lots with more than four sides shall have a sideyard on either side of the front yard. The third side yard and rear yard may be specified by the developer or owner.
( c ) Lots with three sides will have a front setback, side setback and rear setback. In those cases where one side is clearly opposite the front, the rear setback must be opposite the driveway. If it is not clear where side and rear setbacks should be, the developer or owner may choose which is side and which is rear.
(d) On those lots which border a street on both the back and front, both sides must have a front setback.
(e) Any lots which are not specified in this section shall have setbacks determined by the Planning Commission.
3.19 Bed and Breakfast Inns
A Bed and Breakfast Inn is a conditional use and when allowed as a conditional use, shall be approved only in compliance with this code and the following:
(a) The lot shall have at least 120 feet of frontage on a dedicated street. Bed and Breakfast Inns are limited to 5 bedrooms.
(b) One (1) off-street parking space shall be provided per employee plus one (1) space per guest room. On-street curbside parking may be used to satisfy this requirement at the rate of two (2) spaces per sixty (60) feet of lot frontage on a dedicated street.
( c ) Meals may be served to residents, employees, overnight lodgers, and guests of overnight lodgers only. No cooking facilities shall be allowed in guest rooms.
(d) Such use shall conform to all applicable health, safety, and building codes and must be capable of such use without structural or site alteration which changes the residential character of the structure and yards.
(e) No alcoholic beverages shall be sold on the premises.
(f) No receptions, banquets, or catering shall be permitted other than for registered lodgers.
(g) Any commercial use shall be incidental to the Bed and Breakfast use, i.e., gift shop, etc. and shall be limited to 5% of the total square foot area of the main floor of the building.
(h) The dwelling must be at least fifty (50) years old or receive Planning Commission approval on a finding that because of its existing or proposed prominent spatial location, contrasts of sitting, or scale, it is or would be an easily identifiable visual feature of its neighborhood or the agricultural and rural setting of the Town, or contributes to the distinctive quality or identity of the Town.
( i ) One identification sign not exceeding the area requirements for the respective zone in which the inn is located may be placed on an ornamental masonry wall, monument or structure that is unobtrusive and blends in well with the surrounding character of the neighborhood or building design. The free-standing sign shall not be higher than five (5) feet unless the sign is located adjacent to an arterial road, in which case the height of the sign shall not exceed ten (10) feet. If illuminated, only hooded spot lighting is allowed, thus prohibiting back-lighted signs. In any case the sign must be approved by the Planning Commission prior to its construction.
(j) No long-term rental of rooms shall be permitted. The maximum stay for lodgers shall be seven (7) days.
(k) A Town business license shall be obtained as a condition of approval.
(l) Supervision by an on-site manager or owner shall be required on a 24-hour per day basis.
(m) Care shall be taken to insure that no exterior lighting shines directly into adjoining properties.
3.20 Liquor Stores and Private Clubs as a Conditional Use
Any application for a permit , when permitted, to maintain a liquor store or private club shall be a conditional use and shall conform to the following additional conditions beyond those created by the Planning Commission or Town Staff and shall comply to all aspects of this Code.
(a) No liquor store or private club may be established within 300 feet of the nearest residential zone boundary line, measured in a straight line from the nearest entrance of the liquor or club outlet.
(b) Liquor stores and private clubs shall locate on either collector or arterial streets as may be defined in the General Plan.
( c ) Off-street parking shall be provided at the rate of one (1) space per 100 square feet of total floor space in the building for liquor stores or clubs.
(d) A permit to maintain a liquor store or private club as a conditional use must be approved directly by the Planning Commission.
3.21 Day Care Services (Including Preschools
(a) Family Day Care services as defined in chapter 2 of this code, require a business license. The provider is limited to six children. The provider must reside in the residence where services are provided. The provider must receive a license from the State of Utah within sixty (60) days after approval by the Town.
(b) Family Group Day Care services as defined in chapter 2 of this code requires a Conditional Use Permit. The provider is limited to 12 children. The provider must reside in the residence where services are provided. The subject residence must conform to the International Building Code prior to operating the facility. The provider must receive a license from the State of Utah within sixty (60) days after approval by the Town.
( c ) Child Day Care or Child Care Centers as defined in chapter 2 of this code require a Conditional Use Permit. All Centers must comply with the International Building Code prior to occupancy and must receive a license from the State of Utah within sixty days after approval by the Town.
3.22 Temporary Uses
3.22.1 Purpose and Objectives
The following regulations are provided to accommodate those uses of land or buildings which are temporary in nature and are not, therefore listed as regular permitted or conditional uses in any zone of the Town. The character of these uses is such that proper conditions are required to protect adjacent properties and the general health, safety, and welfare of the citizens of Deweyville. Any building or structure which does not meet the requirements of this Chapter shall be treated as a permanent land use and shall conform to
all required standards of the building, health, fire, zoning, and other similar codes.
3.22.2 Uses Allowed:
(a) Uses allowed on a temporary basis in accordance with provisions of this Chapter may include, but are not limited to, the following: carnivals, circuses, fireworks stands, fireworks displays, Christmas tree lots, promotional displays, tents for religious services, revivals, retreats, political rallies, or campaign headquarters. Uses shall be allowed for notmore than forty five (45) days duration and shall not be allowed in the Sensitive Lands Overlay zones or Enhancement Corridor Overlay Zones. (b) A temporary use permit shall not be required for a garage sale, provided that the garage sale shall not operate for more than a total of twelve (12) days in any calendar year, and shall be conducted by bona fide residents of the premises. Goods for sale shall consist of personal belongings of the residents. Goods offered for sale shall not be placed over a public sidewalk or in a public right-of-way.
3.22.3 Prior Approval Required
Prior to the establishment of any of the above uses, or any qualifying temporary use, (except fireworks stands or fireworks displays, permits for which shall be administered by the Fire Department), a temporary use permit must be obtained from the Planning Commission with any conditions specified on the permit as required by the Town. A temporary use permit shall not be construed as a conditional use permit and therefore is not required to meet the notification requirements of this code, however, the application procedure is similar to a conditional use permit in that specific conditions may be required of the applicant and compliance to the conditions and the International Building code, if applicable shall become necessary to the granting, continuance or administration of the permit. Any application for such permit shall meet any necessary requirements of this code and this section and shall be made by the property owner or his/her authorized agent. The granting of said permit shall require the following findings:
(a) That the conduct of the requested use will not have any detrimental effects on adjacent properties and will be in general harmony with surrounding uses.
(b) That the requested use will not create excessive traffic or parking hazards on adjacent streets and that traffic control, if necessary, shall be provided at the expense of the applicant.
( c ) That the applicant shall have sufficient liability insurance for the
requested use or event.
3.22.4 Standards and Requirements
A temporary use established under the provisions of this Chapter shall conform to the following standards and requirements:
(a) Any structure requiring sanitary facilities by building, fire, health, or
other similar codes shall be located on the same lot as a host structure unless independent water and sewer service is provided to the temporary structure. Where such codes require sanitary facilities, they may be provided by a host structure provided that there is:
(1) No preparation of any food on the premises;
(2) No indoor seating of patrons;
(3) Written evidence that a host structure will provide permanent
sanitary facilities for any employees and that such facilities are
conveniently located not more that three hundred (300) feet from the structure and will be accessible during all periods of operation of the use;
(4) Written evidence from the Town or County Health Department
that all food will be prepared and delivered from an approved commissary and that all waste resulting from the operation of the use will be properly disposed.
(b) The minimum required parking shall be two (2) spaces except that a
reasonable number of additional parking places may be required. Such parking shall not have the effect of decreasing any existing parking that is required for any other use existing on the site. All parking shall meet the standards for off-street parking as specified in this chapter except that required parking may be provided
on a gravel rather than a concrete or asphalt cement surface.
( c ) The layout of the proposed use shall be compatible with the access,
parking, circulation, and other significant elements of any other uses or structures existing on the site.
(d) All structures shall be securely anchored to the ground at not less than four (4) points as directed by the Building Official or Town Engineer.
(e) The right to occupy the site shall be secured by a written agreement with the owner of the parcel and the owner of any host structures. Said agreement shall address the question of use of restroom facilities by employees, responsibility for maintenance, and restoration of the site upon termination of the use. A copy of the proposed agreement shall be part of the application.
(f) Approval for each temporary use permit shall bear an expiration date based upon the nature of the use. In no case shall approval be given for a period exceeding forty five (45) days. Garage sales need not obtain a Temporary Use permit, but shall not operate the sale for a period exceeding twelve (12) days in any calendar year, and shall be conducted by bona fide residents or lessors of the premises. Goods for sale shall consist of household type items used by residents of the premises. If any temporary structure becomes vacant prior to the expiration of the permit, it shall be removed within fifteen (15) days of the vacancy.
(g) The landowner of the parcel shall provide a cash bond for the restoration of the site of said use to its original condition, including cleanup, replacement of facilities, and removal of any structures according to the schedule established in a fee resolution passed by the city council.
3.22.5 Action on Application
A use meeting the requirements stated above shall be approved and a use not meeting the requirements stated above shall be denied, or may be approved with appropriate conditions to assure that the use will be compatible with and will not pose any detriment to persons or property. Said conditions may include a limitation upon hours or operation and/or a time
limitation which is less than the maximum established by this section.
3.22.6 Revocation of Permit
A permit may be revoked in the event of a violation of any of the provisions of this section or the conditions set forth in the temporary use permit.
3.22.7 Business License Required
A temporary use permit is not a business license and the granting of said permit shall not relieve the permittee of any other license requirement of the Town or any other public agency.
In order to offset a portion of the costs incurred by the Town in processing temporary use permits, a fee may be charged as established by the Town in its fee and/or rate resolutions as may be applicable at the time.
3.22.9 Christmas Tree Sales; Permit
(a) It shall be unlawful for any person to sell or offer for sale in the Town, any cut fur,
evergreen, or Christmas tree, without a permit, except when the permit requirement is
specifically waived by the Planning Commission.
(b) A permit to sell cut fur, evergreen, or Christmas trees shall be obtained as
otherwise described in this section. The permit required by this section shall allow tree sales for a period of forty five (45) days ending December 25 of the year in which the permit is issued. The fee charged for the permit described in this section shall be in lieu of a business license fee. Provided, however, that no fee shall be charged for the permit required by this section if:
(1) the applicant possesses a business license for which the applicable fee, if any, has been paid, and,
(2) the applicant complies with the provisions of this section except for the payment of a permit fee, and,
(3) the applicant provides documentation showing that the trees to be sold have been lawfully cut, and are owned by the applicant.
3.22.10 Town Celebrations or Events
Any Town sponsored celebrations or special events of a temporary nature is exempt from the requirements of obtaining a temporary use permit as described by this section.
3.23 Commercial Recreational Vehicle Parks or Camp Grounds
3.23.1 Conditional Use Permit Required
A Conditional Use Permit for a Commercial Recreational Vehicle (RV) Park or
Campground facility, must be issued in accordance with the provisions of this Code and this section before such a facility may be constructed in any zone which permits said construction and location as a conditional use. In addition to such terms and conditions as may be required upon the issuance of a Conditional Use Permit for a RV Park or Campground, all RV Park or Campgrounds shall be built to the standards set forth in this Code. RV shall mean Recreational camping type vehicles, travel trailers as well as tent trailers or tents if applicable.
3.23.2 Property Development Standards
The following development standards shall apply to the individual RV or camping sites. Plans and elevations for the RV Park or Campground and any buildings or structures proposed for location therein shall be submitted with the application for a Conditional Use Permit for a RV Park or Campground in conformance with the provisions of this Code. Said plans shall be in conformance with the following general development standards:
(a) RV or Camping Site Requirements. Each site shall be plainly marked
and numbered for identification and shall meet all requirements of this Code.
(b) RV or Camping Site Area. Each RV or camping site in a park shall have an area of not less than one thousand five hundred (1,500) square feet.
( c ) RV or Camping Site Width. Each site shall have an average width of
twenty-five (25) feet. Trailers shall be separated from each other and from other structures by at least fifteen (15) feet. Any accessory uses such as attached awnings or steps, shall, for the purposes of this separation requirement, be considered to be part of the trailer.
(d) RV or Camping Site Frontage. Each site shall abut directly upon a park street for a minimum distance of twenty (20) feet. Alignment and gradient shall be properly adapted to topography and provisions shall be made for proper drainage.
(e) Trailer Density. Not more than one (1) RV shall be placed on a RV site.
(f) Site Coverage. The RV and/or accessory structures shall not cover more than fifty (50) percent of a RV or camping site.
(g) Off-Street Parking:
(1) Each RV site shall have thereon a paved space suitable for
providing automobile parking which may be a pad of or a continuation of a pad upon which the trailer or “RV” will rest. Said parking space shall have un-encumbered dimensions of not less than nine (9) feet in width and twenty (20) feet in length.
(2) Each RV site shall provide sufficient parking and maneuvering
space so that the parking loading or maneuvering of trailers incidental to parking shall not necessitate the use of any public street, sidewalk, rightof-way, or any private grounds not part of the RV parking area.
(3) There shall be provided guest parking in each RV or camping
park at the ratio of one (1) parking space for each ten (10) RV or camping sites within said park. These spaces shall be in addition to those on-site spaces required by (1) above.
(h) Landscaping. The following landscaping provisions shall apply to all RV or camping parks:
(1) All open areas except driveways, parking areas, walking ways, utility areas, or patios shall be maintained with landscaping in accordance with a detailed landscaping plan to be approved in conjunction with
issuance of a Conditional Use Permit.
(2) Trees shall be planted along the street frontages as may be required as a condition of a Conditional Use Permit upon recommendation of Town Staff or the Planning Commission. There shall also be at least one (1) tree upon each RV site.
( i ) Walls and Fences. Walls on individual RV or camping sites shall not
exceed two (2) feet in height. In addition, a decorative wall six (6) feet in height
shall be erected around the perimeter of each RV park. Said walls shall be
constructed of materials that compliment the area and must be approved as part of
the Conditional Use Permit process.
(j) Park Streets. Park streets shall be provided in such a pattern as to
provide convenient traffic circulation within the RV park. They shall be built to
the following standards:
(1) Streets shall be at least twenty-five (25) feet wide. Parking shall
not be allowed on park streets.
(2) The park streets shall be paved in accordance with Town
standards and shall be provided with concrete curb and gutter if
applicable in current standards. Said curb and gutter may be of a "roll"
type to provide convenient access to trailer sites.
(3) RV park streets shall be lighted in accordance with the
requirements of the Town Council or Engineer.
(k) Recreation Areas. A central recreation area shall be established in all
RV parks which shall be easily accessible from all trailer sites. The size of such
recreation areas shall be not less than ten (10) percent of the gross site area of all
RV spaces, or three thousand (3,000) square feet, whichever is greater.
(l) RV or Camping Park Office. Every RV or camping park shall include a
permanent building for office use. Such building may include a single family
dwelling for the exclusive use of the owner or manager, provided there is an area
of not less than twelve hundred (1,200) square feet devoted exclusively to the use
of said single-family dwelling and the occupants thereof.
(m) Laundry Rooms. Every RV or camping park shall have one (1) or more
laundry rooms. Outdoor laundry drying lines shall not be permitted on any RV or
(n) Restrooms and Shower Facilities. Restrooms, including toilets, showers,
and lavatories, shall be provided within a RV or camping park to conveniently and
adequately serve said park.
(o) Telephone. The RV or camping park shall contain at least one (1) public
telephone for the use of park renters.
(p) Utilities. All utility distribution facilities, including television antenna
service lines serving individual RV sites, shall be placed underground. The owner
is responsible for complying with the requirements of this section, and he shall
make the necessary arrangements with each of the public serving utilities for
installation of said facilities. Transformers, terminal boxes, meter cabinets,
pedestals, concealed ducts, and other necessary appurtenances to such underground facilities may be placed above ground. All RV sites must be served with water and electricity. Tent only campgrounds shall only be serviced with water to each site or group of sites. Natural gas hookups shall not be provided upon individual RV or camping sites.
(q) Storage. There shall be no open storage of personal belongings within a
RV or camping site, nor shall there be an accessory building, shed, or cabinet
placed upon or erected upon an individual RV or camping site for the storage of
materials or personal belongings.
( r ) Fuel Tanks. All fuel tanks maintained within a RV site must be mounted
securely upon or attached to the RV or recreation vehicle which they serve. No
such tanks shall be larger than fifty (50) gallon capacity. No accessory,
freestanding fuel tanks shall be permitted in individual RV sites, except that one
(1) such tank no larger than fifty (50) gallons may be approved by the Zoning
Administrator for use only during the period of November 1 to February 29 in
locations specifically approved. All fuel tanks must comply with State and federal
regulations governing their construction and installation.
(s) Skirting. Any skirting surrounding the open space beneath a RV or other
recreation vehicle shall be of the same basic material as the exterior skin of the
vehicle and shall have the same color(s) as that of the skin of the vehicle, or
complimentary color(s) thereto.
(t) Extra Vehicles. In addition to a self propelled recreational vehicle or RV
and necessary tow vehicle, the occupants of a RV site may have only one (1) other vehicle, which is owned by said occupants or otherwise associated therewith, located within the RV or camping park.
(u) Removal of Wheels. There shall be no removal of axles, wheels or tires
from a RV or other vehicle located within a RV or camping park, except for
emergency, temporary removal to accomplish repairs.
(v) Mail Boxes. There shall be no separate mail boxes, separate street address
designations, or other similar accessories which would give the appearance of
"permanence" to occupants of a RV site.
(w) Disclosure. The owner(s) of any RV park in Deweyville Town built
and/or regulated by these provisions shall provide a copy of the standards set forth in this section to all occupants who are tenants of the park.
3.23.3 Minimum Park Area
No RV park or camping facility shall be constructed on a parcel of property which has an area of less than five (5) acres.
3.23.4 Length of Occupancy
No RV or camping site located within a park established under the provisions of this section shall be occupied by any individual, family, or group of individuals within a trailer camper, motor home, tent trailer, tent or other facility for a period exceeding 180 days.
3.23.5 Eating and Cooking Facilities
Each RV or camping site shall be equipped with a picnic table and benches or equivalent, and an outdoor cooking facility which meets the approval of the Fire Department.
3.23.6 Wastewater and Trash Disposal and Drinking Water Stations
Each RV or camping park shall have facilities for disposal from the holding tanks of trailers and similar vehicles, which shall be hooked to the Town sewer system, or a wastewater disposal system approved by the Town Council and State of Utah health department. Also a source of potable water for filling RV, travel trailer or other water tanks shall be required. Proper screened facilities for waste storage, handling and disposal must also be approved by the Planning Commission.
3.24 Off-Street Parking
3.24.1 General Requirements
There shall be provided and maintained at the time of erection of any main building or structure offstreet parking space with adequate provisions for ingress and egress by standard sized vehicles as hereinafter set forth. Such parking space shall be located on the same lot as the building it is to serve. No parking shall back directly onto any street.
3.24.2 Remodeling or Enlargement of Buildings
Whenever existing buildings are enlarged or increased in capacity, or a change in use occurs, additional off-street parking spaces shall be provided which will meet the requirements applying to such enlargement or change in use.
3.24.3 Quantity of Parking Spaces
The number of parking spaces for uses not specified herein shall be determined by the Planning Commission being guided where appropriate by the regulations set forth herein and Table 3.27.1 for uses of buildings which are similar to the use or building under consideration.
3.24.4 Setback Exclusions and Conflicts
In a residential zone, no part of any private or public parking lot shall be located in a set back adjacent to a street except under the following circumstances:
(a) A parking lot may be approved in the portion of a front setback area which is
outside the area formed by two (2) lines which extend from the outermost dimensions of the building perpendicular to the property line adjacent to the street, provided there is a minimum of ten feet (l0') of landscaping adjacent to the street, there is a total of at least thirty feet (30' ) of landscaping between the street and the building, and the landscaping plan is approved by the Planning Commission.
(b) A parking lot may be approved in any portion of a front setback area provided
there is a minimum of ten feet (l0') of landscaping adjacent to the street, there is a total of at least thirty feet (30') of landscaping between the street and the building, and the landscaping plan is approved by the Planning Commission.
( c ) A parking lot may be approved in the area of a side setback facing a street
provided there is a minimum of ten feet (l0') of landscaping adjacent to the street, there is a total of twenty feet (20') of landscaping between the street and the building, and the landscaping plan is approved by the Planning Commission.
(d) In cases where there is a unique lot configuration, or an existing structure that the applicant is remodeling or when it is necessary to change the parking requirements, the Appeal Authority may, upon appeal of the applicant, consider lowering the landscaping requirements immediately adjacent to an arterial street providing such variance does not create increased unreasonable hazards to the health, safety, and general welfare of the residents in the area.
In reviewing the landscape plans, the Planning Commission shall consider the location, number, size, and type of plants, the method of irrigation to be used and other similar factors.
3.24.6 Conversion of Parking to Other Uses
Space allocated to comply with these regulations shall not be used later for additional structures or uses unless other space so complying is provided.
3.24.7 Area of Spaces
For the purpose of this Chapter, a space of not less than eight and one-half feet (8 ½') by twenty feet (20') of lot area with access to public streets by standard-sized automobiles shall be deemed to be parking space for one vehicle.
3.24.8 Mixed or Combined Parking Uses
In the case of mixed uses on the same site the amount of off-street parking spaces required shall be the sum of the parking required under this ordinance for the principal use together with a reasonable amount for all accessory uses. Said reasonable amount shall be determined in light of the uses, location and circumstances of the building or structure and in consideration of the provisions of this ordinance.
3.24.9 Parking Surfaces
All required parking areas shall be surfaced with either concrete or bituminous asphalt as approved as to specifications by the Town Engineer.
3.24.10 Specific Requirements by Use
Minimum on-site and off-street parking spaces for individual or similar uses shall be provided for in accordance with table 3.27.1 as follows and as interpreted by the Planning Commission for uses not specific to those listed in the following table. Note that SLU means Standard Land Use codes, and corresponding codes may be found in appendix A at the end of this Code.
SLU Code Category # of Spaces Required Per Unit Description
1100 Household Units 2 per each unit up to four (4) plexes
1200 Group quarters 1 per sleeping room, except SLU code 1241
1241 Retirement homes/centers 1 per two (2) beds
1300 Residential Hotels 1 per sleeping room (plus parking for accessory uses)
1400 Mobile home parks 2 per each unit plus (1) guest parking space per (3) units
1500 Transient lodging 1 per unit plus parking for accessory uses
2000 Manufacturing Plants 1 per employee at highest employment shift
3000 Manufacturing Plants 1 per employee at highest employment shift
4212 Bus passenger terminals 1 per 200 square feet of building area
4221 Motor freight terminals 1.25 per employee at highest employment shift
4700 Communications 1.5 per employee at highest employment shift
4813 Electricity Regulating sta. 1 per employee at highest employment shift
4822 Gas production plant 1 per employee at highest employment shift
4832 Water treatment plant 1 per employee at highest employment shift
4841 Sewage treatment plant 1 per employee at highest employment shift
5100 Wholesale 1 per employee at highest employment shift, or per 2000 square feet of floor space,
whichever is greater
5200 Build. materials, hardware, 3 per 1000 square feet of floor area
5300 General merchandise 5 per 1000 square feet of floor area
5400 Food - retail 5.5 per 1000 square feet of floor area
5500 Automotive 5 base, plus 1 per employee
5600 Apparel and access. 5 per 1000 square feet of floor area
5700 Furniture and home furnishings, equip.
1 per 600 square feet of floor area
5800 Eating and Drinking places
1 per (2) employees, plus one (1) per (4) seats
5900 Other retail 5 per 1000 square feet of floor area
6100 Finance, insur.& real estate
1 per 250 square feet of floor area
6211 Laundry and dry cleaning 1.5 per employee plus 3 additional
6220 Photographic services 1 per 200 square feet of floor area
6230 Beauty and Barber 2 per employee at highest employment shift
6240 Funeral parlors 12 per 250 square feet of floor area
6250 Apparel repairs 1 per 200 square feet of floor area
6300 Business services 1 per 200 square feet of floor area
6370 Warehouse and storage 1 per 1000 square feet of floor area
6400 Repair 1 per 250 square feet of floor area, except SLUC 6411
6411 Repair, Auto 6 per 1000 square feet of floor area
6500 Professional 1 per 300 sq. feet of floor area, except # 6513 & 6516
6513 Hospital services 1 per bed, or per 1000 square feet,
whichever is greater
6516 Rest homes & convalescent
1 per 2 beds, or per 1000 square feet,
whichever is more
6600 Contract construction 1 per employee at highest employment shift
6710 Government offices 1 per 250 square feet of floor area
6800 Educational: nurse./day care
1 per employee
Grades K-8 2 per teaching station
Grades 9-12 3 per teaching station
Colleges & trade schools 15 per teaching station
6911 Churches, temples, etc. 1 per (4) seats or (4) person seating capacity
7100-7900 Cultural, amusement andrecreation
1 per (3.5) seats or (3.5) person seating
capacity, based on a maximum use of all
facilities at the same time.
Table 3.24.1 Parking Requirements per Use
3.25 Technical Review
The Deweyville Town Council and the Deweyville Planning Commission, which advises the Council on zoning matters, have determined that the various aspects of the Permitted and Conditional Review process, as well as the infrastructure review and environmental impact review process of sensitive lands require certain expertise in dealing with special or unique technical situations. These situations may be better dealt with through the formation of a technical review committee made up of experts in the field to review the permit and make recommendations to the Planning Commission and/or Town Council regarding conditions of approval. The members shall be appointed by the Planning Commission, with input of the Town Council when necessary and the members shall act as staff to the Planning Commission.The Committee may review a project as directed by the planning commission and submit a certificate of review with findings and/or concerns to the Planning Commission prior to their adoption of conditions to the permit. Any appeal from the Committee's decision shall be reviewed by the Planning Commission. If necessary, the decision of the Commission may then be appealed to the Appeal Authority, and ultimately to the courts. This Committee may be formed on a case by case basis as the need may arise and may consist of the same
members or additional and replacement members as necessary. The Committee may adopt administrative procedures as appropriate and the Committee derives its Authority to meet and act under this section of the Code.
3.26 Right to Farm Provisions
Since Deweyville Town is an agricultural community and because the Town Council places such a high value on the protection and preservation of agricultural land uses, the Town has adopted the following right to farm provisions of this code.
All Subdivisions and Master Planned Developments that; (a) boarder an agricultural area or boarder, or; (b) contain within them an agricultural or irrigation right-of-way or easement, or: (c) will contain an agricultural open space or preservation, shall have additional requirements imposed upon the developer in the form of an analysis to be reviewed and implemented as part of the conditional use process, MPD review
process or subdivision process. This impact analysis shall be used to determine the impact(s) on associated farming and/or livestock operations affected by the development, and implement remediation and protection designs in the development to alleviate conflicts with the affected agricultural operations The developer is responsible for the performance of the analysis with the input and review by the Town. The
Planning Commission and developer shall use the following review guidelines or issues in determining the impact on farming operations of the development, and will apply appropriate conditions during the approval process to insure that the farm or ranch affected is assured a right to farm without undue burden of residential or commercial growth and complaints by neighbors. All rights to farm are preserved to the best ability of the Town, taking into consideration practical land use applications and private property rights and concerns. The following factors shall be used as guidelines or issues in the preparation and review of the agricultural impact analysis. Impact solutions may be developed as permit conditions and restrictive covenants or agreements:
(a) Protection of irrigation access and maintenance of ditches and canals.
(b) Safety and protection of the public from ditches, canals, ponds and drainage systems.
( c ) Livestock movement corridor protections and safety concerns.
(d) Fencing safety (i.e. electrical, barb wire) and design.
(e) Private property protection issues.
(f) Hunting protection, access and livestock safety concerns.
(g) Protection of farm equipment ingress and egress.
(h) Erosion and soil protection and conservation concerns.
( i ) Drainage of the subdivision and designs to minimize the discharge or impact on
agricultural lands and soils.
(j) Noxious weeds, pests and pet (dog) controls in the subdivision.
(k) Provisions, acknowledgments and understandings by new property owners (including hold harmless agreements if necessary) that farm work hours run late and begin early and that farm operations may contribute to noises and odors objectionable to some subdivision residents.
(l) Screening provisions and landscaping designs to reduce noise or visual impacts on
surrounding or conflicting land uses.
(m) Any other provisions or concerns that the Planning Commission deems necessary to protect the rights to farm on adjoining or appurtenant properties.
3.27 Roads and Utility Easements
220.127.116.11 Road/Street: 60 feet of road right of way, with 24 feet of improved driving space and 36 total feet of utility rights of way.
18.104.22.168 Access right of way. a strip of land which is part of a lot and provides access to the part used, or to be used, for buildings or structures.
22.214.171.124 Flag Lot: an L-shaped lot consisting of a staff portion contiguous with the flag portion, the staff portion having frontage on a dedicated street.
126.96.36.199 Lot: A parcel of land occupied or to be occupied by a main building or group of buildings (main or accessory), together with such yards, open spaces, lot width and lot area as are required by the Deweyville Zoning Ordinance and having frontage upon a street.
188.8.131.52 Easement: Permission to use, but no ownership and no maintenance by the Town of Deweyville
184.108.40.206 Dedicated Road: A road that is owned, by conveyance or dedicated plat and/or by operation of law, or a road that could be owned by right of use and may or may not be maintained by the Town of Deweyville.
220.127.116.11 Non-Conforming Use: The use of a building, structure, or land which does not conform to current use regulations for the district in which it is situated, but which was in conformity with prior regulations at the time of its establishment, or which was in existence prior to the establishment of use regulations for the district in which it is situated.
3.27.2 Road Width Requirements:
18.104.22.168 All roads/streets or access rights of way in the Town of Deweyville which access one home or more must have a total road easement width of 60 feet, which includes 24 feet of improved road surface, with 36 total feet of utility right of way.
22.214.171.124 This road width requirement is not a regulation for driveway access to one home in the RR-35 Zone.
126.96.36.199 A special exception of this regulation in3.28.8 of this document allows for the building of one residence or the subdivision of one parcel of land which is accessed from a non-conforming private lane, access strip or road. Such an access is considered a private street and is not a dedicated town road.
3.27.3 U.D.O.T. and Fire Marshal Approval:
188.8.131.52 U.D.O.T. and Fire Marshal approval is required for all new roads or access rights of way in the Town of Deweyville.
184.108.40.206 U.D.O.T. and Fire Marshal approval is required before any subdivision shall be approved in the Town of Deweyville, and shall be noted on all subdivision plats, or in the form of an approval letter.
220.127.116.11 U.D.O.T. or Fire Marshal requirements may be more or less restrictive than road requirements of the Town of Deweyville. The more restrictive requirements shall prevail.
3.27.4 Setback Requirements:
18.104.22.168 As outlined in the Deweyville Zoning Ordinance, setback requirements shall be maintained for all lots in all zones in the Town of Deweyville, and shall not be compromised by required road widths, thus creating a non-conforming use of land.
22.214.171.124 Setbacks in the RR-5, A-40 and MU-40 zones shall be measured from the point at which the road width and utility easement width requirements are met. Thus, in the RR-5 zone, setbacks from the road would be 90 feet from the property line, 60 feet of road right of way and 30 feet of frontage.
3.27.5 Access and Road Widths Through Existing Frontage Lots on State Road 38, Which May or May Not Have Existing Structures:
126.96.36.199 All accesses to parcels of land in the RR-5, A-40 and AG-40 zones which must be accessed through existing frontage lots with existing structures, the lot fronting on State Road 38 or any dedicated road in the Town of Deweyville, shall provide a minimum access width of 24 feet of improved road, and shall not compromise the setbacks of the existing structures on the existing lot in the process of providing road width.
188.8.131.52 If the property owner is able to provide 60 feet of road width, which includes 24 feet of improved driving space, and 36 feet of utility easement, without compromising the setbacks of existing structures, he shall do so.
184.108.40.206 Future, more dense, development in the RR-5, A-40 and AG-40 zones may require a 60 foot road off of State Road 38 due to U.D.O.T., Fire Marshal, or Deweyville Town requirements. If this occurs, it is the responsibility of the developer to provide a 60 foot roadway. He must deal with the existing structures on the existing lot, without creating a non-conforming use of land, while providing a fully compliant 60 foot roadway.
3.27.6 Property Owners in the Town of Deweyville Shall not Create a Non-conforming Lot to Satisfy Roadway Widths.
220.127.116.11 However, in the case of parcels of land in the RR-5, A-40 and AG-40 zones, road widths may be used to satisfy lot size requirements, as long as the area on which the road is maintained is owned by the property owner, and is not dedicated to the town.
18.104.22.168 The above exception does not apply to parcels of land in the RR-35 zone.
22.214.171.124 Land reserved for any street purposes may not be counted in satisfying yard or area requirements of the Deweyville Zoning Ordinance if the street is to be dedicated to the town.
3.27.7 Maintenance of Utility Easement Areas in the RR-5, A-40 and AG-40 Zones:
126.96.36.199 Property owners in the RR-5, A-40, and AG-40 zones who shall be required to provide a 60 foot road right of way, with 24 feet of improved driving space, and 36 feet of utility easements, may maintain the 36 feet of utility easement as yard space, but no permanent structures or landscaping, such as homes, outbuildings, or
trees may be placed in this space, which would impede future development of a conforming and safe paved road for the future citizens of Deweyville.
3.27.8 Existing Non-conforming Private Lanes, Access Strips and Roads:
188.8.131.52 Existing non-conforming private lanes, access strips and roads shall be accepted as legally non-conforming, until such a time as:
184.108.40.206.1. A new subdivision of land shall occur either on the part of the property owner with the non-conforming private lane, access
strip or road, or on the part of any other property owner, who must access his new subdivision of land using the non-conforming private lane, access strip or road.
220.127.116.11.2 A new home, commercial, or other non-agricultural structure is to be built on any property accessed by the non-conforming
private lane, access strip or road.
18.104.22.168 In either of the above cases and any others which the Town Council deems applicable, the property owners shall conform to the road width requirements as outlined in this ordinance, with the following two exceptions:
22.214.171.124.1 The Planning Commission may allow the subdivision of one parcel of land and the building of one residence to be accessed
with a non-conforming private lane, access strip or road, which access shall be considered a private road. Non conforming private lanes and roads may be considered a "special circumstance" for the purpose of one subdivision of land or the building of one residence.
126.96.36.199.2 Agricultural buildings may be accessed though non-conforming private lanes, access strips or roads.
3.27.9 Flag Lots Section 3.28 provides for the creation of Flag Lots.
3.27.10 Road Improvement Requirements:
188.8.131.52 The Town of Deweyville recognizes the possible financial unfeasibility of requiring pavement, curb, gutter, and mow strip on new roads in the RR-5, A-40 and AG-40 zones, until development is sufficiently dense to make such improvements financially practical. Pavement, curb, gutter, and mow strips are allowed, but shall not be required in developments in
the RR-5, A-40 and AG-40 Zones.
184.108.40.206 Lot size requirements may change in the future to allow for more dense growth. Should the lot size ever be one acre or less, the current adopted Deweyville Subdivision Ordinance requirements for pavement, curb, gutter, drainage systems, and any and all other requirements for development, as specified by the Deweyville Town Engineer, shall prevail and shall take precedence.
220.127.116.11 Property owners are encouraged to improve gravel roads with a dust retardant.
18.104.22.168 Property owners shall be encouraged to plan present and future development of their property to provide for orderly management.
22.214.171.124 All roads in the RR-5, A-40 and AG-40 zones shall have eleven inches of road base on prepared subgrade and shall have sufficient stability to support snow plows, emergency vehicles, school buses, and garbage trucks.
3.27.11 Five Home Rule:
126.96.36.199 In the RR-5, A-40 and AG-40 Zone, property owners shall adhere to the Deweyville Five Home Rule: Property owners off of any single access from State Highway 38, or any other dedicated road in the town of Deweyville, shall be allowed to develop five parcels of land for residential dwellings using the above development standards according to Attachment A: eleven inches of road base on prepared subgrade.
188.8.131.52 At the sixth subdivision of land, developed for any purpose, other than agricultural outbuildings, the road shall be improved with pavement.
184.108.40.206 The Five Home Rule shall begin with the first development in any parcel of land that a property owner makes after the effective date of this ordinance and shall continue, no matter who owns the land, whether by sale or transfer.
220.127.116.11 An existing home on the frontage lot in the RR-35 Zone, through which the five homes are accessed, shall be counted as one of the homes in the Five Home Rule.
18.104.22.168 As long as the lots remain at five acres in the RR-5 Zone, and forty acres in the A40 and AG-40 Zone, curb and gutter shall not be required in any residential development. Pavement is required according to the above "sixth subdivision of land" rule, but curb and gutter are not required.
3.27.12 Payment of Pavement at Sixth Subdivision of Land:
22.214.171.124 When the "sixth subdivision of land, " as set forth in 3.28.11, occurs off any single access from any road dedicated to the town of Deweyville or any single access from State Highway 38, the road leading to the "sixth subdivision of land" shall be improved with pavement.
126.96.36.199 The developer of the "sixth subdivision of land the seller shall pay for the cost of paving the gravel road which leads into his subdivision off of any single access, either from a dedicated road in the town of Deweyville, or any single access from State Highway 38.
188.8.131.52 Curb, gutter, and mow strips shall not be required at the "sixth subdivision of land"—pavement only.
3.27.13 Extension of Streets to Boundary Lines:
184.108.40.206 All roads and road rights of way must extend to the boundary lines of the subdivision.
220.127.116.11 If there are agricultural considerations, a variance (Section 3.28.15) may be applied for, for example for the pasturing of animals or raising of crops. The area reserved for the road right of way may thus be used for agricultural purposes until future development beyond the boundary of the subdivision. No permanent outbuildings, landscaping or agricultural buildings are allowed in the area reserved for the road rights of way.
18.104.22.168 Such variances shall not be allowed unless a stipulation is included which states that "the road must be completed to the boundary line of the subdivision, should development ever occur in the direction of the existing road."
22.214.171.124 When further development arises, the expense and effort of extending the road to the boundary line of the subdivision of land is the sole responsibility of the property owner, no matter how the road right of way has been used, and no matter how long the road right of way has been used for a purpose other than a road.
126.96.36.199 The final plat of the subdivision shall not be approved without a statement from the property owner of his or her recognition of the requirement to complete the road to the boundary line of his subdivision.
3.27.14 Termination with a Temporary Turnaround:
All streets shall be properly terminated with a temporary turn-around which shall have a minimum radius of fifty (50) feet and shall have a structural section of at least eleven (11) inches of road base on prepared sub-grade and shall have sufficient stability to support snow plows, emergency vehicles, school buses and garbage trucks.
188.8.131.52 When the strict application of road requirements would result in peculiar and exceptional practical difficulties to, or exceptional hardships upon, the property owner because of the nature of the property, variances may be granted.
184.108.40.206 The property owner may appeal to the Appeal Authority.
3.27.16 Cluster Subdivisions
220.127.116.11 No gravel roads will be permitted in a Cluster Subdivision.
18.104.22.168 All Deweyville Subdivision development standards, as adopted, including road standards and widths, curb, gutter, drainage systems, etc. shall apply to Cluster Subdivisions.
3.28 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.
3.28.2 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:
22.214.171.124 The applicant makes written application for a flag lot on a form approvedby the Planning Commission and pays the required fees at the time the application is submitted,
126.96.36.199 there are special circumstances attached to the property that do not generally apply to other properties in the same area and,
188.8.131.52 the Planning Commission specifically finds that all of the following
conditions are met as to the proposed flag lot:
184.108.40.206.1 it is necessary, reasonable and feasible to allow the flag
lot in the area;
220.127.116.11.2 Approval of a flag lot in the area will not substantially
affect the general plan;
18.104.22.168.3 Approval of a flag lot in the area will not be contrary to
the public interest;
22.214.171.124.4 The staff of the flag lot has a minimum width of twentyfour
126.96.36.199.5 The staff of the flag lot has a maximum length of three
188.8.131.52.6 The flag lot, exclusive of the staff portion shall meet all
of the zoning requirements of a lot in the area in which it is located.
184.108.40.206.7 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.
3.28.3 The Planning Commission may impose such additional requirements or conditions on the proposed flag lot, as it deems necessary.
3.28.4 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.
3.28.5 All improvements to the flag lot, including installation of the hard surface and fire hydrants, shall be performed at the applicant's expense. No certificate of occupancy shall be issued for the proposed flag lot until the improvements are fully installed.
3.28.6 Flag lots shall be approved only in subdivisions containing four (4) lots or fewer.
3.28.7 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.
3.29 Drinking Water Source Protection.
The purpose of this Section is to ensure the provision of a safe and sanitary
drinking water supply to the residents of Deweyville who receive water for culinary
and domestic use from the public water system(s) in the Town by the stablishment of drinking water source protection zones surrounding the wellheads and springs
for all wells and springs used by the public water system(s) in the Town and by the
designation and regulation of property uses and conditions that may be maintained
within such zones.
When used in this Section the following words and phrases shall have the
meanings given in this Section:
220.127.116.11 "Design Standard" means a control that is implemented by a potential
contamination source to prevent discharges to the groundwater. Spill protection is an example of a design standard.
18.104.22.168 "Drinking Water Source Protection (DWSP) Zone" means the surface and subsurface area surrounding a groundwater source of drinking water supplying a public water system through which contaminants are reasonably likely to move toward and reach such groundwater source.
22.214.171.124 "Groundwater Source" means any well, spring, tunnel, adit, or other underground opening from or through which groundwater flows or is pumped from subsurface water-bearing formations.
126.96.36.199 "Pollution source" means point source discharges of contaminants to ground water or potential discharges of the liquid forms of "extremely hazardous substances" which are stored in containers in excess of "applicable threshold planning quantities" as specified in SARA Title III. Examples of possible pollution sources include, but are not limited to, the following: storage facilities that store the liquid forms of extremely hazardous substances, septic tanks, drain fields, class V underground injection wells, landfills, open dumps, landfilling of sludge and septage, manure piles, salt piles, pit privies, drain lines, and animal feeding operations with more than ten animal units. The following definitions clarify the meaning of "pollution source:"
188.8.131.52 "Animal feeding operation" means a lot or facility where the following conditions are met: animals have been or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12 month period, and crops, vegetation forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility. Two or more animal feeding operations under common ownership are considered to be a single feeding operation if they adjoin each other, if they use a common area, or if they use a common system for the disposal of wastes.
184.108.40.206 "Animal unit" means a unit of measurement for any animal feeding
operation calculated by adding the following numbers; the number of slaughter and feeder cattle multiplied by 1.0, plus the number of mature dairy cattle multiplied by 1.4, plus the number of swine weighing over 55 pounds multiplied by 0.4, plus the number of sheep multiplied by 0.1, plus the number of horses multiplied by 2.0.
220.127.116.11 "Extremely hazardous substances" means those substances which are identified in the Sec. 302(EHS) column of the "TITLE III LIST OF LISTS -Consolidated List of Chemicals Subject to Reporting Under SARA Title III," (EPA 560/4-91-011). A copy of this document may be obtained from: Section 313 Document Distribution Center, P.O. Box 12505, Cincinnati, OH 45212.
18.104.22.168 "Potential contamination source" means any facility or site which employs an activity or procedure which may potentially contaminate ground water. A pollution source is also a potential contamination source.
22.214.171.124 "Public water system" means a system, either publicly or privately owned, providing water for human consumption and other domestic uses, which:
126.96.36.199.1 Has at least 15 service connections, or
188.8.131.52.2 Serves an average of at least 25 individuals daily at least
60 days out of the year. Such term includes collection, treatment, storage and distribution facilities under control of the operator and used primarily in connection with the system. Additionally, the term includes collection, pretreatment or storage facilities used primarily in connection with the system but not under such control.
184.108.40.206 "Sanitary Landfill" means a disposal site where solid wastes,
including putrescible wastes, or hazardous wastes, are disposed of on land by placing earth cover thereon.
220.127.116.11 "Sanitary sewer line" means a pipeline that connects a residence
or other building with a sanitary sewer.
18.104.22.168 "Septic tank/drain-field system" means a system which is
comprised of a septic tank and a drain field which accepts domestic wastewater from buildings or facilities for subsurface treatment and disposal. By their design, septic tank/drain field system discharges cannot be controlled with design standards.
22.214.171.124 "Spring" means the ground surface outlet of a natural
underground spring including Spring collection and control boxes, valves, piping and other attachments.
126.96.36.199 "Storm water infiltration structure" means a structure that is
intended to discharge storm water so that it infiltrates groundwater.
188.8.131.52 "Underground storage tanks" means underground tanks used for
the storage of gas, oil, or other hazardous substances.
184.108.40.206 "Wellhead" means the physical structure, facility, or device at the
land surface from or through which groundwater flows or is pumped from
subsurface, water-bearing formations.
3.29.3 Establishment of Drinking Water Source Protection Zones.
There is hereby established the following four use districts to be known as drinking water source protection zones one, two, three, and four:
220.127.116.11 "Zone one" is the area within a 100-foot radius from the wellhead or margin of the collection area.
18.104.22.168 "Zone two" is the area within a 250-day groundwater time of travel to the wellhead or margin of the collection area, the boundary of the aquifer(s) which supplies water to the ground-water source, or the groundwater divide, whichever is closer.
22.214.171.124 "Zone three" is the area within a 3-year groundwater time of travel to the wellhead or margin of the collection area, the boundary of the aquifer(s) which supplies water to the ground-water source, or the groundwater divide, whichever is closer.
126.96.36.199 "Zone four" is the area within a 15-year groundwater time of travel to the wellhead or margin of the collection area, the boundary of the aquifer(s) which supplies water to the ground-water source, or the groundwater divide, whichever is closer.
3.29.4. Identification of public water systems and their drinking water source
protection zones in Deweyville Town. After a public water system in Deweyville submits its drinking water source protection plan to the Utah Division of Drinking Water pursuant to the Division's drinking water source protection regulations, as amended, and the Division provides written notice to the public water system of its approval of the plan, the public water system shall, at its sole cost and expense, provide Deweyville Town and the Box Elder County Building Permit and
Surveyor's Office with a map, and any additional information required by the Office, identifying the four drinking water source protection zones the public water system designates for each of its sources of groundwater for drinking water in the plan approved by the Division. The Town shall then incorporate this information on a map of the Town that it shall prepare and maintain which identifies each public water system's sources of groundwater for drinking water and the four drinking water source protection zones for each source of groundwater. The Box Elder County Building Permit and Surveyor's Office shall then incorporate this information on a map of the County that it shall prepare and maintain which identifies each public water system's sources of groundwater for drinking water and the four drinking water source protection zones for each source of groundwater. It shall be the duty of each public water system, at its sole cost and expense, to submit any updated information as necessary to the Box Elder County Building Permit and Surveyor's Office.
3.29.5 Permitted Uses.
188.8.131.52 In Zones One, Two, Three, and Four, each use established before the effective date of this Ordinance, and uses incidental and accessory to such use, may be continued in the same manner thereafter, provided that such use is not determined by any court of competent jurisdiction to be a nuisance under the provisions of federal, state, and/or local laws or regulations.
184.108.40.206 In addition to the uses permitted under Paragraph 220.127.116.11 herein, the following uses, including uses incidental and accessory to that use, shall be allowed within the respective drinking water source protection zones:
18.104.22.168.1 Zone One. No uses in addition to that allowed under Paragraph 22.214.171.124 herein are allowed in Zone One.
126.96.36.199.2 Zone Two. Use of single or multiple-family residential dwellings, commercial, or institutional uses established on or after the effective date of this Ordinance, provided that such uses are connected to a sanitary sewer system.
188.8.131.52.3 Zone Three. Use of single or multiple-family residential dwellings, commercial, or institutional uses established on or after the effective date of this Ordinance.
184.108.40.206.4 Zone Four.
220.127.116.11.4.1 Use of single or multiple-family residential
dwellings, commercial, or institutional uses established on or after the effective date of this Ordinance.
18.104.22.168.4.2 The tilling of the soil and the raising of crops,
provided that the use of fertilizers and pesticides is accomplished
within applicable federal, state, and/or local requirements.
22.214.171.124.4.3 The pasturing of livestock, provided all forage
is raised on the pastured area.
126.96.36.199.4.4 In addition to the permitted uses specified in
Paragraphs 188.8.131.52.1 and 184.108.40.206.2 herein,
certain of the uses prohibited in Zones Two, Three, and Four pursuant to Paragraph 6 herein may be allowed in Zones Two, Three, and Four, respectively, if design standards are implemented for the specific use that will prevent contaminated discharges to ground water.
3.29.6. Prohibited Uses.
220.127.116.11 Subject to Paragraph 18.104.22.168.3 herein, the following uses are prohibited within the following drinking water source protection zones:
22.214.171.124.1 Zone One. All uses that fall within the definition in 3.29 of "pollution source" or "potential contamination source," including the following, are prohibited in Zone One:
126.96.36.199.1.1 Surface use, storage, or dumping of hazardous waste or material, expressly including industrial or commercia uses of agricultural pesticides (except when such pesticides are used in farming applications within strict compliance of the manufacturer's recommendations of use, subject to inspection by local officials).
188.8.131.52.1.2 Sanitary landfills.
184.108.40.206.1.3 Hazardous waste or material disposal sites.
220.127.116.11.1.4 Septic tanks/drain field systems
18.104.22.168.1.5 Sanitary sewer lines within 150 feet of a
wellhead or spring collection area.
22.214.171.124.1.6 Underground storage tanks.
126.96.36.199.1.7 Storm water infiltration structures.
188.8.131.52.1.8 Any pollution source as defined herein or in
Rule 309-113-101, as amended, of the Division of Drinking
Water's drinking water source protection regulations.
184.108.40.206.1.9 Agriculture industries including but not limited
to intensive feeding operations such as feed lots, dairies, fur
breeding operations, poultry farms, etc.
220.127.116.11.2 Zone Two.
18.104.22.168.2.1 Surface use, storage, or dumping of hazardous waste or material, expressly including industrial or commercial uses of agricultural pesticides (except when such pesticides are used in farming applications within strict compliance of the manufacturer's recommendations of use,
subject to inspection by local officials).
22.214.171.124.2.2 Sanitary landfills.
126.96.36.199.2.3 Hazardous waste or material disposal sites.
188.8.131.52.2.4 Septic tanks/drain field systems
184.108.40.206.2.5 Sanitary sewer lines within 150 feet of a wellhead or spring collection area.
220.127.116.11.2.6 Underground storage tanks.
18.104.22.168.2.7 Storm water infiltration structures.
22.214.171.124.2.8 Any pollution source as defined herein or in Rule 309-113-101, as amended, of the Division of Drinking Water's drinking water source protection regulations.
126.96.36.199.2.9 Agriculture industries including but not limited to intensive feeding operations such as feed lots, dairies, fur breeding operations, poultry farms, etc.
188.8.131.52.3 Zone Three.
184.108.40.206.3.1 Surface use, storage, or dumping of hazardous waste or material, expressly including industrial or commercial uses of agricultural pesticides (except when such pesticides are used in farming applications within strict compliance of the manufacturer's recommendations of use,
subject to inspection by local officials).
220.127.116.11.3.2 Sanitary landfills.
18.104.22.168.3.3 Hazardous waste or material disposal sites.
22.214.171.124.3.4 Agriculture industries including but not limited to intensive feeding operations such as feed lots, dairies, fur breeding operations, poultry farms, etc.
126.96.36.199.4 Zone Four.
188.8.131.52.4.1 Surface use, storage, or dumping of hazardous waste or material, expressly including industrial or commercial uses of agricultural pesticides (except when such pesticides are used in farming applications within strict compliance of the manufacturer's recommendations of use,
subject to inspection by local officials).
184.108.40.206.4.2 Sanitary landfills.
220.127.116.11.4.3 Hazardous waste or material disposal sites.
3.29.7. Drinking Water Source Protection Requirements
Except as provided in Paragraph 8(a) herein, following the effective date of this Ordinance, no building permit or other form of approval from the County to develop or use real property within the County shall be issued until the applicant establishes that its proposed development or use of real property complies with the requirements of this Ordinance.
The policies and procedures or administration of any drinking water source protection zone established under this ordinance, including without limitation those applicable to nonconforming uses, variances and exceptions, and enforcement and penalties, shall be the same as provided in this Land Management and Development Code or as amended from time to time.