Chapter 7
ZONE DISTRICTS and REGULATIONS

The regulations set forth in this chapter detail each of the Zone Districts and describe the various uses, both
permitted and conditional as well as uses prohibited in each zone. Overlay Zones are also detailed in this
chapter.

7.1 Residential Zones

7.1.1 Purpose, Scope and Objectives
The Following Residential Zones are hereby created under this Code and may be collectively referred
to as the "Residential Zones" or the R-Zones:

7.1.1.1 RR-35 Zone
The Single-Family Residential Zone [hereinafter referred to as the "RR-35 Zone"] is
established to provide areas for the encouragement and promotion of an environment for
family life by providing for the establishment of one-family detached dwellings on individual
lots and associated uses as hereinafter defined. This zone is characterized by attractively
landscaped or naturally rural lots with lawns and shrubs and natural open spaces. The RR-35
Zones is located along State Highway 38 through Town and along 10200 North from the
West side of State Highway 38 to the East side of the lower canal. The RR-35 Zone is 280
feet deep measured from the property line on the State Highway 38 right-of-way. The RR-35
Zone is 280 feet deep measured from the property line on 10200 North on either the North
or South sides of the right-of-way.

7.1.1.2 RR-5 Zone
The Rural Residential Zone [hereinafter referred to as the "RR-5 Zone"] is established to
provide areas where single family residential use and associated uses, as hereinafter defined,
may be harmoniously integrated with incidental agricultural pursuits. This zone is intended
to allow the keeping of a higher number and/or density of farm animals and fowl in
conjunction with single-family dwelling units. It is intended, at the same time, to retain land
in parcels large enough to provide efficient and attractive development or as clustered
developments to encourage natural or agricultural open spaces. The RR-5 Zone is also
intended to accommodate residential developments which are oriented to an equestrian life
style. This would allow the design of a residential community which could contain noncommercial
stables, training areas and equestrian or pedestrian trails as an integral part of
the development. The RR-5 Zone is from 280 feet from the property line on 10200 N or the
right-of-way property line on State Highway 38 to the East side lower canal on the West side
of State Highway 38 or to the West side of the upper canal on the East side of State Highway
38.

7.1.2 Permitted and Conditional Uses
Those general uses or categories of uses listed below may be conducted in the Residential Zone. Uses
are listed as designated in this Code. Detailed permitted uses and conditional uses as well as
prohibited uses are listed in the Zone District Land Use Table in Appendix A at the end of this code.

7.1.2.1 Permitted Uses
The following characteristic uses of land, are permitted in the Residential Zone as indicated
by the following, also shown with each classification is the zone that the classification is
applied to:
(a) Single-Family Dwellings - Detached
RR-35, RR-5
(b) Modular Homes RR-35, RR-5
(c ) Two-Family Dwellings NOT Permitted in any zone
(d) Multiple-Family Dwellings over two (2) NOT permitted in any zone
(e) Residential facilities for elderly persons subject to the conditions found in
Utah Code, Section 10-9-501 et.seq., as amended RR-5
(f) Residential facilities for handicapped persons, subject to the conditions
found in Utah Code, Section 10-9a-601 et seq., as amended RR-5
(g) Residential Accessory Structures
RR-35, RR-5
(h) Home Occupations as regulated by this Code (see Supplementary
Regulations) and by the business license Ordinances of Deweyville
RR-35, RR-5
(i) Pre-schools, day nurseries and child care activities within a residential
dwelling unit involving 6 or fewer children including those residing in the
dwelling RR-35, RR-5
(j) Parks RR-35, RR-5
(k) Field and Seed Crops (Commercial) RR-35, RR-5
(l) Truck Crops (Commercial) RR-35, RR-5
(m) Orchards and Vineyards (Commercial) RR-35, RR-5
(n) Horses and Beef Cattle - as limited in the Other Requirements section of
this Residential Section RR-35, RR-5
(o) Small fenced area for livestock RR-35, RR-5
(p) Goats and Sheep - as limited in the Other Requirements section of this
Residential Section RR-35, RR-5
(q) Animal Specialties except chinchillas, minks, ostriches and wild or exotic
animal species as limited in the Other Requirements section of this
Residential Section RR-35, RR-5
(r ) Household pets, not to exceed 3 pets of each specie over the age of 4 months
per dwelling (kennel permit is required for more than three over the age
of four months) RR-35, RR-5
(s) Pasture and Rangeland RR-35, RR-5
(t) One Accessory Apartment per Detached Single Family Dwelling
RR-5

7.1.2.2 Conditional Uses
The Planning and Zoning Commission may authorize the issuance of a Conditional Use
Permit for the following uses of land in the Residential Zones indicated as indicated by the
following use classifications listed below, also shown with each classification is the zone that
the classification is applied to:
(a) Temporary Mobile Homes RR-35, RR-5
(b) Residential facilities for elderly persons, subject to the conditions found in
Utah Code, Section 10-9-501 et.seq., as amended RR-5
(c ) Residential facilities for handicapped persons, subject to the conditions
found in Utah Code, section 10-9-601 et.seq., as amended RR-5
(d) Accessory Apartments RR-35
(e) Guest House RR-5
(f) Sanitariums, Convalescent, and Rest home services RR-35, RR-5
(g) Nursery, primary and secondary and higher education, including child care
(preschools and day-care in single family dwellings for 7 to 12 children,
including those residing in the dwelling; preschools and day-care in nonresidential
dwelling unit) RR-35, RR-5,
(h) Religious Activities RR-35, RR-5
(i) Golf Courses - Private or Public RR-5
(j) Large Playgrounds and Athletic Areas RR-35, RR-5
(k) Household pets, exceeding 3 pets of each specie over the age
of 4 months per dwelling RR-35, RR-5

7.1.3 Lot Area and Density
The minimum area of any single lot or parcel or the density as related to homes per acre, (whichever
is used) of land in Residential Zones shall be as indicated with the RR-35, R2, or RR-5 designation.
The following is a list of the current residential zones and densities if subdivision MPD clustering is
used, that is currently allowed:
LOT SIZE DENSITY
1. RR-35 1 home per 0.86 Acre (or) 1.16 homes/Acre
2. RR-5 1 home per 5 Acres (or) 0.2 homes/Acre

7.1.4 Density of Residential Housing Developments
To encourage the preservation of agricultural and natural open space, enhance its profitability,
minimize the cost of public services, reduce yard sizes to conserve water and improve landscaping
quality and to discourage evenly spaced development running along public streets, clustered
residential housing may be developed on parcels or combined lots in an approved Subdivision that is
a Master Planned Development.

7.1.4.1 Density in Developments
Clustering will only be allowed if the total density of housing in the proposed development
does not exceed the density of homes per acre without clustering. The unit per acre density
may still qualify for bonus adjustment in a Master Planned Development. If the development
spans several different types of zones or sub-zones, the total residential density per acre of
the project shall not exceed the total of all residential densities combined in each zone or
sub-zone allowed by this code. Or in other words, the total density shall equal the sum of the
individual densities of each zone. Minimum lot sizes per residential unit for each zone must
also be adhered to, even if this results in different sizes of residential lots in the same
development.

7.1.4.2 Minimum Lot Sizes and Open Space
When clustering units in the residential zones, the minimum lot size for any residential unit
shall not be less than 1/2 acre. All other acreage beyond that necessary to satisfy the
minimum lot sizes for the residential development will be declared as permanent open space
for preservation, recreational or agricultural type uses on the subdivision or MPD plat and
appropriate deed restrictions or conservation easements in a form acceptable to the Town
shall be provided by the owner.

7.1.4.3 Lot Frontage
Each lot or parcel of land located in Residential Zones shall abut along the right-of-way line
of a public street for a minimum distance of 125 feet for lots in R1-35 zone. Frontage is
measured at the thirty (30) foot setback the property line at the farthest point into the lot.
Lots in the RR-5 Zone must meet requirements as set forth in Section 3.28 of chapter 3 of
this ordinance. However, in no case shall the frontage be less than 300 feet.

7.1.5 Zone Depth Along Roads and Highways
If a residential zone boarders or runs along a public or private street with a different zone or sub-zone
of lower residential density or larger minimum lot size placed behind it, a second appended code may
be added to that zone or sub-zone to designate the depth of the zone in feet from the right of way line
of the street. If no depth is specified the zone will be assumed to boarder a property line, road, major
geographic feature or a section, quarter section or quarter-quarter section line or other legally
surveyed boundary. This depth code may only be used in some instances on the official zone map to
help clarify certain zone district boundaries.

7.1.6 Prior Created Lots of Record
Lots or parcels of land which legally existed or were created by a preliminary or final plat approval
prior to the application of this zone shall not be denied a building permit solely for reason of nonconformance
with the parcel requirements of this Chapter and are declared a non-conforming use
under this Code.

7.1.7 Panhandle or Flag Lots
Panhandle or Flag lots are permitted in accordance with the provisions set forth in Section 3.30 of this
ordinance.

7.1.8 Lot Area per Dwelling
Not more than one single-family dwelling may be placed on a lot or parcel in the Residential Zones.
Single caretaker facilities or single secondary accessory apartments may be allowed as provided in this
Code.

7.1.9 Yard Requirements - Dwellings and Main Buildings
The following yard set-back requirements shall apply on all lots in Residential Zones:
(a) Front yard - interior and corner lots. The minimum front yard setback for all
buildings in Residential Zones shall be 30 feet. Required front yards on flared lots
shall be measured from the point on the front property line farthest into the lot.
(b) Side yards - interior lots. The minimum side yard for all buildings on interior lots
in Residential Zones shall be 15 feet.
(c ) Side yards - corner lots. The minimum side yards for all buildings on corner lots
in Residential Zones shall be 15 feet on the side adjoining another lot and 30 feet
on the side adjoining the street (for corner lots).
(d) Rear yard - interior and corner lots. The minimum rear yard for all buildings in
Residential Zones shall be 30 feet; except, that on corner lots, the rear yard may be
reduced to a minimum of 20 feet.
(e) Easements. No dwelling or main building shall be located within a platted
easement area of any kind.

7.1.10 Yard Requirements - Accessory Buildings
Accessory buildings such as garages and sheds may be located on lots in Residential Zones according
to the following requirements but only in conjunction with an existing dwelling or main building on
the same lot:
(a) Side yard accessory building. An accessory building shall be located in a side yard
no closer than 15 feet from the side property line and no closer than 10 feet from
the dwelling or main building; except, that an accessory building may not be
located in the required street side yard of a corner lot.
(b) Rear yard accessory building. An accessory building may be located in a rear yard
no closer than 10 feet from the dwelling or main building and not closer than 3 feet
from the side or rear property lines. An accessory building may be located at or near
the side or rear property lines, provided that all requirements of the adopted
International Building Code are met and that the accessory building is equipped
with facilities for the discharge of all roof drainage onto the lot upon which said
accessory building is located.
(c ) Additional setback requirement. In addition to the foregoing side yard
requirements, accessory buildings exceeding 10 feet in height shall be located so
that the horizontal distance measured from the property line to any point of the
structure shall be 30% or more of the height of the structure at that point
(horizontal distance/height=30% or more).
(d) Accessory buildings for animals. Accessory buildings used for the housing or
shelter of animals shall be located a minimum distance of 100 feet from any
neighboring dwelling and 4 feet from any property line.
(e) Easements. No permanent accessory building shall be located within a platted
easement area of any kind.

7.1.11 Projections into Yards
The following structures may be erected on or projected into any required yard:
(a) Fences and walls in conformance with this Code and other Town codes or
ordinances.
(b) Landscape elements including trees, shrubs, agricultural crops and other plants.
(c ) Necessary appurtenances for utility service.
The structures listed below may project into a minimum front or rear yard not more than 4 feet and
into a minimum side yard not more than 3 feet. See the Supplemental Regulations for more detailed
regulations:
(a) Cornices, eaves, belt courses, sills, buttresses or other similar architectural features.
(b) Fireplace structures and bays, provided that they are not wider than 8 feet measured
generally parallel to the wall of which they are a part.
(c ) Stairways, balconies, door stoops, fire escapes, awnings, porches and patio covers.
(d) Planting boxes not exceeding 24 inches in height.

7.1.12 Height and Building Location
No lot or parcel of land in the Residential Zones shall have a building which exceeds a height of 35
feet. The total height of the building shall be measured as 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.

7.1.13 Permissible Lot Coverage
In the Residential Zones the area of the lot or parcel of land covered by buildings and structures shall
not exceed 35 percent.

7.1.14 Parking and Access
Each lot or parcel on which a single-family dwelling is located shall have on the same lot or parcel
a minimum of 2 off-street parking spaces. Required parking spaces shall not be provided within a
required front yard, including driveways. Fully enclosed two-car attached garages which have a
minimum outside dimension width of 20 feet as measured from outside of foundation to outside of
foundation and have at least 400 square feet of area shall satisfy the off-street parking requirement.
All platted subdivision lots shall meet the parking requirements in effect when the subdivision was
platted.

7.1.15 Site Plan Approval
The Land Management and Development Code and International Building Code shall be satisfied
prior to the issuance of a building permit. A site plan shall be submitted and approved prior to the
issuance of any permit.

7.1.16 Other Requirements

7.1.16.1 Animal Limitations
The maintenance and keeping of animals and fowl on a lot or parcel of land in a RR-35, or
RR-5 Zone, where such use is permitted, shall be limited to a total of 40 animal points per
0.86 acre (37,462 sq ft) as determined from the chart below. Large animals (horses, cattle,
etc.) under this section are not permitted on nonconforming lots. Points for acreage beyond
0.86 acre shall be prorated at a rate of 40 points per 0.86 acre.
(a) Horses and Cattle 20 Points per animal
(b) Sheep, Goats and Emus 10 Points per animal
(c ) Turkeys 6 Points per animal
(d) Chickens, ducks, geese. 1 Points per animal
(e) Roosters and Peacocks are limited to 1 Rooster or Peacock per lot
(f) Pigeons,rabbits, and other small animals 0.5 Points per animal
(f) Pigs 10 Points per animal
Pigs must be housed on cement. Wallows are not permitted.
All animals allocated on a lot or parcel of land must be contained upon said lot or parcel.

7.1.16.2 Landscaping
All open disturbed areas in front yards within Residential Zone RR-35, except driveways,
parking areas, walkways, utility areas, improved decks, patios, and porches, shall be
improved with suitable landscaping of plants, shrubs, trees, grass or other landscaping
materials, including xeriscaping, as approved by the Planning Commission, and within the
dates and upon the terms stated in Sections 8D.2.11.3 and 8D.2.15 of this Code; including
the submission of an agreement in writing and a cash escrow, letter of credit or performance
guarantee prior to the issuance of a certificate of occupancy, if required.

7.1.16.3 Fences, Walls and Landscape Elements
Not withstanding the setback, yard and height requirements for structures otherwise stated
in this Title, fences, walls, hedges, shrubs, berms and other unroofed landscaping
appurtenances may be located on the property line, or adjacent to the sidewalk, or in the yard
between the building setback line and the property line or sidewalk, provided that they do
not obstruct views for safe passage throughout the Town.

7.1.16.4 Storage of commercial vehicles
Trucks, motor vehicles or commercial trailers having a registered weight exceeding 12,000
pounds may be stored or parked on any lot or parcel within any RR-35, RR-5 residential
zone, including contracting and/or earth-moving equipment. Notwithstanding the foregoing
provisions, the vehicle(s) shall not obstruct the public sidewalk or trail nor create a safety or
public health hazard.

7.1.16.5 Temporary Mobile Homes
A Temporary Conditional Use Permit may be issued for a temporary mobile home which
may be located on the rear portion of a residential lot during the construction of a permanent
dwelling for 1 year. The temporary conditional use permit may be renewed once for an
additional year. The Planning Commission may require that a bond or other guarantee be
posted to insure that the temporary mobile home is removed by the expiration of the permit.

7.1.16.8 Trash and Waste Storage
In RR-35 zones no trash, used materials, or wrecked or non-operational or abandoned
vehicles or equipment shall be stored in an open area or yard for more than ninety (90) days.
All such materials must be screened from public streets and adjacent property located within
the “R” zones with an opaque fence or wall, or must be stored within an enclosed building.
All trash storage areas shall be screened and/or hidden from the public or adjoining
residential area view by appropriate fencing and/or landscaping methods and placed in a rear
area of the main building if possible except for standard residential garbage cans used
throughout the Town. No hazardous materials or chemicals or oils/solvents shall be stored
in areas that do not meet health department regulations or are accessible to the public. Trash
storage plans must be presented to the Planning Commission for approval, prior to issuance
of a building permit.

7.2 Agricultural Zones

7.2.1 Purpose, Scope and Objectives
The Agricultural Zones, also known and referred to as the A-Zones, are established
to provide areas where the growing of crops and the raising of livestock can be
encouraged and supported within the Town. The character and essence of
Deweyville Town are the A-Zones and all efforts to protect these zones should be
encouraged. The A-Zone is intended to protect agricultural uses from encroachment
of urban development until such time as residential, commercial or industrial uses
in such areas become necessary and desirable by the Town. Uses permitted in the
A-Zones, in addition to agricultural uses, must be incidental thereto and should not
change the basic agricultural character of the zone. Clustering of homes is
encouraged to maximize the amount of open and usable agricultural space.
Conversion of the Agricultural Zones to zones allowing urban uses should be
accomplished only in an orderly and careful manner following the General Plan,
with no "leap-frog" encroachments of such urban or semi-urban uses or
developments into the surrounding agricultural areas. The A-40 is a general
agricultural zone for most agricultural proposes. The AG-40 zone is created as a
agricultural zone primarily for gazing livestock with very few structures.

7.2.2 Permitted Uses and Conditional Uses
Those general uses or categories of uses listed below may be conducted in the
Agricultural Zone as limited herein. Uses are listed as designated in this Code.
Detailed permitted uses and conditional uses as well as prohibited uses are listed
in the Zone District Land Use Table in appendix A at the end of this code.

7.2.2.1 Permitted Uses
The following characteristic uses of land, are permitted in the Agricultural Zone as
indicated by the following:
(a) Single-Family Dwellings - Detached A-40, AG-40 (In the AG-40 zone
only one single family dwelling per lot existing at the time of the adoption
of this ordinance is permitted)
(b) Residential Accessory Structures A-40
(c) Tempery fruit and vegetable stands for the selling of farm products which
are grown on the premise. Said stand shall not exceed 600 sq. ft. in area
and be limited to one stand per lot. A-40
Town of Deweyville Land Management and Development Code
Chapter 7 Zone Districts and Regulations Page 7-11
(d) Home Occupations as regulated by this code. A-40, AG-40
(e) Agriculture (Except Animal Specialties and Exotic Animals, except
household pets) A-40, AG-40
(f) Household pets A-40, AG-40
(g) Agricultural Related Activities A-40, AG-40
(h) Fishing Activities and Related Services A-40
(j) One Accessory Apartment per Detached Single Family Dwelling A-40,
AG-40
(k) Caretaker Boarding A-40

7.2.2.2 Conditional Uses
The Planning Commission authorize the issuance of a Permanent or Temporary
Conditional Use Permit as outlined in this Code, for the following uses of land in
the Agricultural Zone as indicated below.
(a) Religious Activities A-40 AG-40
(b) Riding academies, schools and accompanying stables A-40, AG-40
(c) Exotic Animals A-40, AG-40
(d) Animal Specialties A-40, AG-40
(e) Dude/Guest Ranch A-40, AG-40
(f) Caretaker Boarding - (over one per residence) A-40

7.2.3 Lot Area and Density (Sub Zones)
The minimum area of any single lot or parcel or the density as related to homes per
acre, (whichever is used) of land in the Agricultural Zone shall be as indicated by
the sub-zone used in conjunction with the Agricultural Zone designation. Sub-zones
are designated by appending a number to the Agricultural Zone symbol. Such a
suffix number shall be the minimum lot area for the sub-zone stated in acres as
listed below:
3. A-40 1 home per 40 Acres (or) 0.025 homes/acre
4. AG-40 1 home per existing lot

7.2.4 Density of Residential Housing Developments
To encourage the preservation of agricultural open space, enhance its profitability,
minimize the cost of public services, reduce yard sizes to conserve water and
improve landscaping quality and to discourage evenly spaced development running
along public streets, clustered residential housing may be developed on parcels or
combined lots in an approved Subdivision that is a Master Planned Development.

7.2.4.1 Density in Developments
Clustering will only be allowed if the total density of housing in the proposed
development does not exceed the density of homes per acre without clustering. The
unit per acre density may still qualify for bonus adjustment in a Master Planned
Development. If the development spans several different types of zones or subzones,
the total residential density per acre of the project shall not exceed the total
of all residential densities combined in each zone or sub-zone allowed by this code.
Or in other words, the total density shall equal the sum of the individual densities
of each zone. Minimum lot sizes per residential unit for each zone must also be
adhered to, even if this results in different sizes of residential lots in the same
development.

7.2.4.2 Minimum Lot Size and Open Space
When clustering units an the agricultural zone, the minimum lot size for any
residential unit shall not be less than 0.86 acre. All other acreage beyond that
necessary to satisfy the minimum lot sizes for the residential development will be
declared as permanent open space for agricultural type uses on the subdivision or
MPD plat and appropriate deed restrictions or conservation easements in a form
acceptable to the Town shall be provided by the owner.

7.2.4.3 Lot Frontage
All lots developed for residential use in the agricultural zone shall abut along the
right-of-way line of a public street or private street (if allowed by the Planning
Commission) for a minimum distance of 125 feet.

7.2.5 Prior Created Lots of Record
Lots or parcels of land which legally existed or were created by a preliminary or
final plat approval prior to the application of this zone shall not be denied a
building permit solely for reason of non-conformance with the parcel or density
requirements of this Chapter and are declared a non-conforming use under this
Code.

7.2.6 Lot Area per Dwelling
Not more than one primary single-family dwelling may be placed upon a lot or
parcel of land in the A-Zone. Single caretaker facilities or single secondary
accessory apartments may be allowed.

7.2.7 Yard Requirements - Dwellings and Main Buildings
The following yard setback requirements shall apply on lots in the Agricultural
Zone:
(a) Front yard - interior and corner lots. The minimum front yard for all
buildings in the Agricultural Zone shall be 30 feet. All buildings shall
maintain a minimum setback of 20 feet on any portion of the lot that is
adjacent to a cul-de-sac.
(b) Side yards - interior lots. The minimum side yard for all buildings on
interior lots in the Agricultural Zone shall be 15 feet.
(c) Side yards - corner lots. The minimum side yards for all buildings on
corner lots in the Agricultural Zone shall be 15 feet on the side adjoining
another lot and 30 feet on the side adjoining the street (for corner lots).
(d) Rear yard - interior and corner lots. The minimum rear yard for all
buildings in the Agricultural Zone shall be 30 feet.
(e) Easements. No dwelling or main building shall be located within a platted
easement area of any kind.

7.2.8 Yard Requirements - Accessory Buildings
Accessory buildings may be located on lots in the Agricultural Zone according to
the following setback requirements:
(a) Side yard accessory building. An accessory building may be located in
a side yard no closer than 15 feet from the side property line and no closer
than 15 feet from the dwelling or main building, except that an accessory
building may not be located in the required street side yard of a corner lot.
(b) Rear yard accessory building. An accessory building may be located in
a rear yard no closer than 15 feet from the dwelling or main building and
no closer than 3 feet from the side or rear property lines. An accessory
building may be located at or near the side or rear property lines provided
that all requirements of the adopted Uniform Building Code are met and
that the accessory building is equipped with facilities for the discharge of
all roof drainage onto the lot upon which said accessory building is
located.
(c) Additional setback requirement. In addition to the foregoing side yard
requirements, accessory buildings exceeding 10 feet in height shall be
located so that the horizontal distance measured from the property line to
any point of the structure shall be 30% or more of the height of the
structure at that point (horizontal distance/height=30% or more).
(d) Accessory buildings for animals. Accessory buildings used for the
housing or shelter of animals shall be located a minimum distance of 40
feet from any dwelling.
(e) Easements. No permanent accessory building shall be located within a
platted easement area of any kind.

7.2.9 Building Height
No lot or parcel of land in the Agricultural Zone shall have a building which
exceeds a height of 35 feet, except that silos, windmills, and other agricultural
related accessory structures not used for human occupancy may exceed 35 feet in
height, all structures over 35 feet will require a Conditional Use Permit.

7.2.10 Parking and Access
Each lot or parcel on which a single family dwelling is located shall have on the
same lot or parcel a minimum of 2 off-street parking spaces.

7.2.11 Site Plan Approval
The Land Management and Development Code and Uniform Building Code of the
Town shall be satisfied prior to the issuance of a building permit. A site plan shall
be submitted to and approved by the Town prior to any such permit issuance.

7.2.12 Other Requirements

7.2.12.1 Fences and Walls
Not withstanding the setback, yard and height requirements for structures otherwise
stated in this Title, fences, walls, hedges, shrubs, berms and other unroofed
landscaping appurtenances may be located on the property line, or adjacent to the
sidewalk, or in the yard between the building setback line and the property line or
sidewalk provided that the maximum height above natural grade for a fence, wall,
hedge, berm or similar unroofed landscape feature shall not create a safety hazard
by restricting views

7.2.12.2 Temporary Mobile Homes
A Temporary Conditional Use Permit may be issued for a temporary mobile home
which may be located on the rear portion of a lot in the Agricultural Zone during
the construction of a permanent dwelling on said lot for 1 year. The temporary
conditional use permit may be renewed once. The Planning Commission may
require that a bond or other guarantee be posted to insure that the temporary mobile
home is removed by the expiration of the permit.

7.2.14.3 Hazardous Materials Storage
No hazardous materials or chemicals or oils/solvents shall be stored in areas that
do not meet health department regulations or are accessible to the public.

7.3 Commercial Zone

7.3.1 Purpose and Objectives
The Commercial (C-1) Zone is established to provide a district primarily for the
accommodation of light and medium commercial uses and commercial areas which
may be established in locations within or close to residential development of the
Town. Deweyville is not to be an area of heavy commercial development, such uses
are more compatible with other local communities. Though this zone may be
applied to areas which have developed as "strip commercial" developments along
major transportation routes, it shall not be used to promote or establish areas in
which such development can be promulgated or encouraged in violation of good
planning principles. The location of the C-1 zone should be close to major arterials
to provide convenient access for higher traffic volumes without hazard and without
traversing through a residential neighborhood off of the State Highway system. The
C-1 zone shall not be applied to the internal areas of residential neighborhoods.
Although the C-1 zone may be applied to existing commercial areas which have a
variety of characteristics, the provisions contained herein should be used to
encourage greater integrity and aesthetic improvements as these areas are
redeveloped, expanded, and improved. Integrated and coordinated landscaping,
parking, ingress, egress and signing and building design should be encouraged and
regulated through the use of project plan approval procedures. New construction
should be in harmony with the characteristics of the surrounding developed
commercial and residential areas. The uses characteristic of this zone will be a wide
range of small retail and service stores and shops.

7.3.2 Permitted Uses.
All permitted uses allowed under the C-1 zone are designated in the appendix A -
Land Uses by Zone of this code which designates each use in the Standard Land
Use Code format as published and maintained by the Planning Commission. Those
uses or categories of uses as listed therein, and no others, are permitted in the C-1
zone. All such categories listed therein and all specific uses contained within them
in the Standard Land Use Code will be permitted in the C-1 zone subject to the
limitations set forth herein.

7.3.3 Permitted Accessory Uses
Accessory uses and structures are permitted in the C-1 zone provided they are
incidental to, and do not substantially alter, the character of the permitted principal
use or structure. Such permitted uses and structures include, but are not limited to,
the following:
(a) Accessory buildings such as garages, carports, equipment storage
buildings and supply storage buildings which are customarily
used in conjunction with and incidental to a principal use or
structure permitted in the C-1 zone.
(b) Storage of materials used for construction of buildings, including
the contractor's temporary office provided that such use be
located on the building site or immediately adjacent thereto, and
provided further, that such use shall be permitted only during the
construction period and thirty (30) days thereafter.

7.3.4 Conditional Uses
Certain uses and structures are permitted in the C-1 zone only after a Conditional
Use Permit has been issued, and subject to the terms and conditions thereof. All
conditional uses allowed under the C-1 zone are designated in the appendix A -
Land Uses by Zone of this code which designates each use in the Standard Land
Use Code format as published and maintained by the Planning Commission. Those
uses or categories of uses as listed therein, and no others, are conditional in the C-1
zone. All such conditional categories listed therein and all specific uses contained
within them in the Standard Land Use Code will be conditional in the C-1 zone
subject to the limitations set forth herein.

7.3.5 Lot Area
The minimum area of any lot or parcel shall be 0.86 acre
.
7.3.6 Commercial and Residential Area Requirements in Mixed
Residential/Commercial Use Structures

In mixed residential/commercial use structures, the amount of commercial area
shall not exceed fifty (50) percent of the total lot area unless there is a
corresponding reduction of residential square footage on the basis of two (2) square
feet of residential area reduced to one (1) square foot of commercial area added
above fifty (50) percent of the total lot area.

7.3.7 Lot Width
The minimum requirement of 125 feet lot width, provided all requirements of
necessary parking regulations can be satisfied.

7.3.8 Lot Frontage
Each lot or parcel of land in the C-1 zone shall have frontage on a public street for
a minimum distance of 125 feet.

7.3.9 Prior Created Lots
Lots or parcels of land which were created prior to the application of this zone,
shall not be denied a building permit solely for reasons of non-conformance to the
parcel requirements of this Chapter.

7.3.10 Area of Zone
Each single C-1 zone zoning district shall contain a minimum of two (2) acres
except those existing, previously developed commercial facilities and areas to which
the C-1 zone is applied.

7.3.11 Yard Requirements
The following maximum yard requirements shall apply in the C-1 zone:
(a) Front Yard. Each lot or parcel of land in the C-1 zone shall
have a front yard of not less than 30 feet, except that in areas
developed prior to the establishment of this zone, the front yard
shall be equal to the average of existing front yards on all parcels
of property along the block face in which a building or structure
is to be located.
(b) Side Yard. Except as provided in subsections ( c), (d), (e) and (f)
below, each lot or parcel of land in the C-1 zone shall have a side
yard of at least 15 feet when located adjacent to a residential
zone. There shall be no requirements in those instances where
the side property line abuts a commercial or light
manufacturing/industrial zone.
(c ) Side Yard - Corner Lots. On corner lots the side yard
contiguous with the street shall be not less than 15 feet in width,
and shall not be used for vehicular parking. Said area shall be
appropriately landscaped except those portions devoted to access
and driveway use.
(d) Side Yard - Driveway. When used for access to any garage,
carport, or parking area having less than five (5) parking spaces,
a side yard shall be wide enough to accommodate an
unobstructed twelve (12) foot paved driveway. When used for
access to a garage, carport, or parking area having six (6) or
more parking spaces, a side yard shall be wide enough to provide
an unobstructed fifteen (15) foot paved driveway for one-way
traffic, or a twenty-four (24) foot paved driveway for two-way
traffic.
(e) Side Yard - Accessory Building. An accessory building may be
located on a side property line if, and only if, all of the following
conditions are met:
(1) An accessory building has no openings on the side
which is contiguous to the property line, and the wall of
said building adjacent to the property line has a four (4)
hour fire-retardant rating.
(2) The accessory building has facilities for the discharge of
all roof drainage onto the lot or parcel on which it is
erected.
(f) Rear Yard. There shall be no rear yard requirements except as
may be dictated by provisions of the International Building Code.
(g) Rear Yard - Accessory Building. No requirement.

7.3.12 Projections into Yards
(a) The following structures may be erected on, or project into, any
required yard, except into a required driveway:
(1) Fences and walls in conformance with Town codes and
ordinances;
(2) Landscaping elements including trees, shrubs, and other
plants;
(3) Necessary appurtenances for utility service.
(b) The structures listed below may project into a minimum front or
rear yard not more than four (4) feet, and into a minimum side
yard not more than three (3) feet, except that required driveways
shall remain unobstructed from the ground upward.
(1) Cornices, eaves, belt courses, sills, buttresses, or other
similar architectural features.
(2) Stairways, balconies, door stoops, fire escapes, awnings,
and planter boxes or masonry planters not exceeding
twenty-four (24) inches in height.
(3) Carports and loading docks in a side yard or rear yard,
provided that such a structure is not more than one (1)
story in height and is entirely open on at least three (3)
sides, except for necessary supporting columns and
customary architectural features.

7.3.13 Building Height
In the C-1 zone, the height of every building or structure hereinafter designed,
erected, or structurally altered or enlarged shall be regulated by conformance to the
requirements of the most recent edition of the International Building Code as
adopted by action of the Town. After the effective date of this Chapter, all new
structures exceeding two (2) stories in height shall be served with elevators or
escalators in addition to the stairways otherwise required by law. Any building
design of over 35 feet in height is not permitted.

7.3.14 Distance Between Commercial Buildings.
No requirements, providing all necessary parking regulations can be met.

7.3.15 Permissible Lot Coverage
No requirements except as may be dictated by yard requirements, landscape
requirements, and compliance with off-street parking provisions.

7.3.16 Parking, Loading, and Access
(a) Each lot or parcel in the C-1 zone shall have automobile parking
sufficient to meet the requirements as set forth in Chapter 3 of
this Code.
(b) All parking spaces shall be paved with asphaltic cement or
concrete, and shall be provided with adequate drainage which
shall not run across a public sidewalk.
(c ) Parking spaces shall not be provided within a required front yard
or side yard adjacent to a public street.

7.3.17 Project Plan Approval
Prior to the construction of any project in the C-1 zone, a project plan shall be
submitted and approved. Said project shall be drawn to scale and shall contain all
required information designated on the application and/or checklist.

7.3.18 Other Requirements
The following other requirements shall apply to developments within the C-1 zone:

7.3.18.1 Signs
All signs erected in the C-1 zone shall be monument style made of
materialsand of architectural style consistant with the commercial
building. Height shall not exceed six (6) feet mearesured at grade. With
shall not exceed ten (10) feet. Signs shall not be back lit. Signs on the
commercial building shall be consistant with the build and not be back lit.
The signage plan and sign design shall be approved by the planning
commission.

7.3.18.2 Uses Within Buildings
All uses established in the C-1 zone shall be conducted entirely within a
fully-enclosed building except those uses deemed by the Planning
Commission to be customarily and appropriately conducted in the open.
Such uses may include but would not be limited to, service stations, ice
skating, miniature golf, plant nurseries, etc.

7.3.18.3 Landscaping
Each building or project in the C-1 zone shall be landscaped, which shall
be pre-approved by the Planning Commission, subject to the following:
(a) Required front yard areas and required side yard areas
adjacent to a public street, except those portions devoted
to driveways shall be reasonably landscaped with plants
shrubs, trees, grass, and similar landscaping materials,
including a minimum of twenty-five (25) 1-1/2 to 2 inch
caliper trees per acre, and with all shrubs having a
minimum five (5) gallon size, [maintained with suitable
landscaping of plants, shrubs, trees, grass, and similar
landscaping materials.]
(b) All landscaped areas shall have sprinkling and/or
irrigation systems.
(c ) All parking areas shall be screened from public streets
by a landscaped berm, decorative screening wall,
planted hedge, or other reasonable methods.
(d) The use of natural landscaping materials with strong
visual impact shall be emphasized including the use of
bedding areas with perennial shrubs where appropriate,
clustering of trees and large sized plants.
(e) Parking areas shall be landscaped where possible
around the periphery and at the ends of parking rows in
accordance with the landscaping plan approved as part
of the project plan approval procedure.

7.3.18.4 Trash and Waste Storage
No trash, used materials, or wrecked or non-operational or abandoned
vehicles or equipment shall be stored in an open area or yard. All such
materials must be screened from public streets and adjacent property
located within the C-1 zones with an opaque fence or wall, or must be
stored within an enclosed building. All trash storage areas shall be
screened and/or hidden from the public or adjoining residential area view
by appropriate fencing and/or landscaping methods and placed in a rear
area of the main building if possible. No hazardous materials or chemicals
or oils/solvents shall be stored in areas that do not meet health department
regulations or are accessible to the public. Trash storage plans must be
presented to the Planning Commission for approval, prior to issuance of
a building permit.

7.3.18.5 Walls and Fences
(a) No wall, fence, or opaque hedge or screening material
higher than thirty-six (36) inches shall be maintained
within a required front yard in a C-1 zone.
(b) A decorative masonry wall six (6) feet in height shall be
erected along all property lines which lie adjacent to a
residential zone.

7.3.18.6 Remodeling in Existing C-1 Zones
If the remodeling of a building in the C-1 zone causes the exterior of the
building to be enlarged, the landscaping requirements of this section shall
apply, with the following limitations:
(a) The requirements of subsection 7.3.18.3 shall not apply
where those requirements would conflict with parking
requirements, be incompatible with the design of
existing buildings or impair ingress or egress to existing
buildings or parking areas.
(b) The requirements of subsection 7.3.18.3 shall not be
applied to require improvements which cost more than
five (5) percent of the total remodeling project.

7.3.18.7 Storage Facilities
All commercial storage or warehousing facilities shall be enclosed by a
fence or wall of a material and screening system that provides adequate
security and is architecturally compatible with the commercial district or
community that the facility is in.