1302 General Requirements

1) All Uses, Buildings and Structures are required to comply with Zoning District Requirements. Every building or structure hereafter erected, reconstructed, structurally altered, enlarged or moved, and every building, structure, premises or land used, rearranged, designed or intended for any use shall be built or used only as is permitted in the zone district in which such building, structure, land or use is located. a) All uses allowed shall either be a permitted or conditional use, as identified in the Table of Uses. b) All uses of land and other activities not specifically allowed as a permitted or conditional use as identified in the Table of Uses are deemed prohibited uses. c) All uses, buildings and structures must comply with the intensity, sizing requirements, site coverage standards and other requirements for uses identified in the Table of Site Development Standards. d) All uses, buildings and structures must comply with the off-street parking requirements as contained in Table of Off-Street Parking Requirements. e) No construction of, or moving of, any structure onto a property whether permanent or temporary, is allowed before a permit is issued for the construction of the primary use structure. 2) Nothing in this Ordinance requiring minimum lot area or lot width shall be construed to prevent the use for one (1) single-family dwelling of any lot or parcel of land, provided that such lot or parcel of land is located in a Zoning District which permits single-family dwellings and was a legally divided lot upon which a dwelling could legally be constructed and existed at the time such lot area and lot width requirements became effective, by adoption of this Ordinance, and provided further that all proposed construction can qualify for the issuance of a building permit as required by other provisions of this Ordinance and the Town’s Building Codes. 3) Lots in Two (2) or More Districts. Where a lot of record at the time of passage of this Ordinance or any amendments thereto falls into two or more districts, the more restrictive zoning district provisions shall apply. 4) Required Yard Areas for One Building Only. No required yard or setback area for any building or lot required for the purpose of complying with the provisions of this Ordinance shall be considered as providing the required yard or setback for any other building or lot. 5) Every Dwelling, Nonresidential Building and All Associated Accessory Structures shall be on a Lot. All primary structures and all associated accessory structure(s) shall be located and maintained on a deeded lot. 6) Required Yards to be Unobstructed - Exceptions. a) All yard areas are required to be open to the sky and unobstructed except for permitted and approved accessory buildings and for projection of sills, cornices, and other ornamental features and unenclosed steps and un-walled stoops and porches, provided that all buildings or parts thereof comply with the required yard requirements of the Zone District in which they are located. b) Underground structures, such as swimming pools, storage tanks, etc., may be located in a required yard area, provided that such structures are in compliance with the setback rules applicable to that zone. c) Walls and fences must comply with the requirements of this Ordinance, the Town Building Codes, or the conditions of a development approval. 7) Maximum Lot Coverage of Accessory Buildings. a) No accessory building shall be located in a front yard. b) No accessory building(s) of a permanent nature shall be placed within the dedicated utility easement of the side or rear yard as was conveyed by the USBR to Daggett County on USBR Drawing # D099A4400250 Dated September 15, 2000. For determining the placement of the accessory building the dripline of the roof overhang will be used – not the wall line. c) Accessory building footprint square footage counts in the calculation of total lot coverage. Square Footage calculations are determined from the dripline of the building not from the wall line. 8) Construction in Critical Areas Prohibited. No building or structure (except for a required public utility and necessary roads) shall be constructed on areas determined to be Environmentally Sensitive Areas or Critical Areas as identified, including; a) Areas of steep slope of 30% grade or greater, and b) Jurisdictional wetlands as identified by the U.S. Army Corps of Engineers, and c) Pre-existing drainage system(s) (natural or manmade) unless an approved plan for continuation of such drainage has been designed by a professional Engineer. Said plan for continuation of the drainage system to be as follows: The Engineering standard for flood water drainage systems is to accommodate a minimum of 125% of the volume of a two hour duration – one hundred year magnitude - storm flow, which volume is to be determined by a hydrologist licensed by the State of Utah, and drainage system is to be designed by a Civil Engineer licensed by the State of Utah. d) Landslide hazard area, erosion hazard area, seismic hazard area, volcanic hazard area, frequently flooded area, aquifer recharge area, wildlife habitat and critical migration areas, fish and wildlife conservation areas.