02.0500 SUPPLEMENTARY REQUIREMENTS AND PROCEDURES

APPLICABLE WITHIN ZONES. Intent The intent of this section is to accumulate under one heading, regulations which apply to two or more zones, rather than to repeat them several times. Yard Space For One Building Only No required yard or other open space around an existing building, or which is hereafter provided around any buildings, which is needed to comply with the provisions of this Ordinance, shall be considered as providing a yard or open space for any other building, nor shall any yard or other required open space on an adjoining lot be considered as providing the yard or open space on the lot whereon a building is to be erected or established. Every Dwelling To be On A Zoning Lot Only one building which contains a dwelling shall be located and maintained on a zoning lot as defined in this Ordinance, except for dwellings within a mobile home park, or other large-scale development. 02.0504 Sales Or Lease of Required Space Prohibited No space needed to meet the width, yard, area, coverage, parking, or other requirements of this Ordinance for a lot or building may be sold or leased apart from such lot or building unless other space so complying is provided. Yards To Be Unobstructed – Exceptions Every part of a required yard shall be open to the sky and unobstructed except for permitted accessory buildings and except for ordinary and customary projection of sills, belt courses, cornices, and other ornamental porches, and carports, which may project up to three feet into a required yard. No projection into a required court which is provided in connection with a court apartment shall be constructed except for customary sills, belt courses, and cornices which may extend into a court not more than sixteen inches. Accessory Buildings Prohibited As Living Quarters Living and sleeping quarters in any building other than the main residential building is prohibited. Storage Of Commercial Vehicles In Residential Zones Prohibited The storage and/or continuous parking of trucks having a rated capacity of one and one-half (1 ½) tons or greater, and construction equipment such as bulldozers, graders, compressors, etc., shall not be permitted in any residential zones, provided that construction equipment may be stored on a lot during construction of a building thereon, but not to exceed one year. Storage Of Junk and Debris in Residential Zones Prohibited No yard or other open spaces surrounding an existing building in any agricultural or residential zones, or which is hereafter provided around any building in any agricultural or residential zone, shall be used for the storage of junk, debris, or obsolete vehicles; and no land shall be used for such purposes, except as specifically permitted herein. 02.0509 Additional Height Allowed For Public Buildings Public buildings and churches may be erected to any height provided the building is set back from required building setback lines a distance of at least one (1) foot for each additional foot of building height above the maximum height otherwise permitted in the zone in which the building is located. Minimum Height of Dwellings And Fences No dwelling shall be erected which has a ceiling height of less than 7’6” or one story above grade, whichever is greater. No fence or wall shall be constructed higher than four feet above the ground in any required front or side yard that fronts on a street. Location of Barns No barns, corral, or coop shall be constructed closer than 100 feet from any existing dwelling. Drainage Surface water from roof tops, lots or irrigation ditches shall not be allowed to drain onto adjacent lots or streets. Clear View of Intersecting Streets In all zones which require a front yard, no obstruction which will obscure the view of automobile drivers shall be placed on any corner lot within a triangular area formed by the street property lines and a line connecting them at points of forty-five (45) feet from the intersection of the street lines. Effect of Street Plan Wherever a front or side yard is required for a building, which building abuts on a proposed street which has not been constructed, but which has been designated by the planning commission as a future street, the depth of such front or side yard shall be measured from the planned street lines. 02.0515 Exception to Front and Side Setback Requirements The setback from the street for any dwelling located between two existing dwellings in any residential zone may be the same as the average for said two existing dwellings, provided the existing dwellings are on the same side of the street and are located within one hundred fifty (150) feet of each other. Concessions In Public Parks and Playgrounds Concessions, including but not limited to, amusement devices, recreational buildings, and refreshment stands, shall be permitted on a public park or playground when approved by the city council. Sewage Disposal Where domestic sewage disposal facilities are used which are not connected to a public sewer, approval of such facilities shall be obtained from the health department before a building permit shall be issued thereof. Location of Gasoline Pumps Gasoline pump islands shall be set back not less than fifteen (15) feet from any street line to which the pump island in vertical and twelve (12) feet from any street line to which the pump island is parallel and not less than twelve (12) feet from any residential zone boundary line. If the pump island is set in an angle on the property, it shall be so located that automobiles stopped for service will not extend over the property line. In no case shall pumps be set closer than twelve (12) feet from any street line, nor closer than ten (10) feet from any side or rear property line. Lots from which gasoline is dispensed to customer at retail shall be no less than 75 by 100 feet in size. Canopies over pump islands may extend to within five feet to the property line. Off Street Parking and Loading A. Off street loading and unlading space shall be provided on the same Lot for every building used for manufacturing, storage, warehousing, goods display, department stores, grocery, hotel, hospital, mortuary, laundry, dry cleaning, or other use similarly involving the receipt or distribution by vehicles of materials or 02.0520 merchandise. Such space, unless otherwise adequately provided, shall include a minimum ten (10) feet by twenty-five (25) feet loading space with a minimum fourteen (14) feet height clearance for every twenty thousand (20,000) square feet of floor space in the building or fraction thereof. B. Not less than two (2) off street parking spaces shall be provided on same lot for any one-family dwelling, plus one space for each additional dwelling unit. All off street parking spaces shall be graded and graveled. Motor Vehicle Access Access to all lots and parcels of land having a frontage on a public street shall be controlled as follows: 1. Access shall be by not more than two driveways from any one street, Except as may be permitted by the Board of Adjustment, when it can be shown that additional driveways will promote traffic safety. 2. Driveways shall be not closer to each other than twenty (20) feet. 3. Each driveway shall be not more than thirty (30) feet in width in any commercial or industrial zone measured at right angle to the center line of the driveway. In residential zones, driveways shall be not more than twenty (20) feet in width except when approval from large-scale developments. 4. On corner lots, no driveways shall be closer than fifteen (15) feet to The point of intersection of the front property line with the side property line which abuts upon a street. 5. Where there is no existing curb and gutter or sidewalk, a curb or Fence may be required by the city. Landscaping Required Front yards and side yards of all dwellings which front on public streets must be landscaped except that up to 25 percent of the front yard or side yard which faces on a public street may be devoted to driveways and off street parking. 02.0522 Signs Advertising signs shall be regulated as follows: A. Signs in Residential Zone No advertising signs of any kind shall be allowed in any residential zone, except signs pertaining to the sale or lease of residential property, and except for name plates or signs indicating the existence of an office or a professional person and a home occupation. B. Setbacks All adverting signs shall be set back from public streets a distance at least equal to the distance that buildings are required to be set back within the zone in which said signs are located. C. Screening Requirements Except in those zones where non-accessory signs are permitted, all signs shall display thereon only information pertaining to products or services sold on the premises. D. Permits Required Regardless of cost, no sign shall be erected or placed within the city, without first making applications for, and obtaining a building permit therefore, except temporary window and political posters, temporary signs pertaining to the sale of adjacent property, and name plates or identification signs indicating the existence of an approved home occupation or professional office. In addition to the requirements of this Ordinance, all signs located within six hundred and sixty (660) feet of the right-of-way line of a federally designated highway shall be conformed to the standards and regulations for such signs established by the State of Utah. Any approval or permits required by said regulations shall be in addition to the building permit herein above required and construction or placement of a sign shall not be commenced until all approvals and permits have been obtained. 02.0523 Pollution Prevention Any use which emits or discharges gases, fumes, dust, glare, noise, or other pollutants into the atmosphere in amounts which exceed the standards as prescribed by the Utah State Air Conservation Board or the Board of Health, and any use which emits or discharges liquids or solid materials onto the soil or water in amounts which results in pollutants entering ground water in amounts exceeding the standards prescribed by the Utah State Water Pollution Control Board or the Board of Health, shall be prohibited. Recreation Vehicles and Mobile Homes Prohibited - Exceptions It shall be unlawful to place any recreational vehicle on any lot or parcel of land in the area covered by the zoning map and to use the same for human habitation, except when located in a recreational vehicle court. It shall be unlawful to place a mobile home on any lot or parcel of land in an area covered by the zoning map and to use the same for human habitation except in compliance with one or more of the following conditions: A. When temporarily located on a lot on which a building is being constructed and connected to approved water and sewer facilities but not to exceed one (1) year. B. When placed on a licensed mobile home park. C. When placed on a zoning lot that complies with the regulations of the zone in which the mobile home is located provided: 1. The mobile home and site comply with the use, width, location, height, size of building, and special provision requirements for structures within the zone; 2. The mobile home is independently connected to an approved water supply and sewage disposal facility; 3. The mobile home is constructed in accordance with the building code for mobile homes in effect within the city; . Outside dimensions of a mobile home shall not be less than 24 feet by 24 feet. (Amended 6-5-2013) 4. The mobile home is placed upon a permanent masonry type or concrete foundation or skirted by a permanent masonry type skirt; (Amended 6-5-2013) 5. That according to the records of the county recorder, the lot And mobile home are in single ownership; 6. The mobile home will be entered upon the tax roles of Emery County as real property as evidence by a letter or other proof from the County Assessor. 7. The mobile home will have both tongue and wheels removed. 8. Mobile Home shall not be older than 10 years from present date. 9. Mobile Homes can not be attached to any existing dwelling or mobile home. (amendment - 4-3-2015) Conditional Uses The following uses shall be permitted only after approval as set forth herein: A. Home Occupations The Board of Adjustment may grant a permit for a home occupation subject to the following conditions: 1. Home occupations are permitted in the zone. 2. The home occupation is conducted entirely within a dwelling and is carried on in the dwelling only by members of the residing family. 3. The home occupation does not involve the use of any Accessory buildings or yard space for storage or activities outside of the dwelling. 4. No commercial vehicles are used except one delivery truck which does not exceed three-fourths ton rated capacity. 5. The home occupation is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character of the building from that of a dwelling. 6. Signs are limited to one non-flashing sign not larger in area than two-hundred twenty-six (226) square inches. If lighted, the light shall be diffused or shielded. 7. Not more than the equivalent of twenty-five percent (25%) of the ground floor area of the dwelling is devoted to the home occupation. 8. The home occupation shall be registered with the license division or department. 9. Entrance to the house occupation from outside shall be the same entrance normally used by the residing family except when required otherwise by regulations of the State Health Department or other public agency. 10. In the opinion of the Board of Adjustment, the physical appearance, traffic, and other activities in connection with the home occupation is not contrary to the objectives and characteristics of the zone in which the home occupation is located and does not depreciate surrounding residential values. B. Small Lots Where a parcel of land at the time of the adoption of this Ordinance is at least one and eight-tenths times as wide and one eight-tenths times as large in area as required for a lot in the zone, the Board of Adjustment may permit the division of a parcel into two lots, provided: 1. Such division will not cause undue concentration of buildings. 2. The Characteristics of the zone in which the lot is located will be maintained. 3. In the opinion of the Board of Adjustment, values in the area will be safeguarded. C. Utility Buildings and Structures Permitted Water, sewer, and electric buildings and structures may be constructed in all residential zones subject to the approval of the Board of Adjustment. The Board of Adjustment may require conditions which are reasonably necessary to protect surrounding property values and residential amenities. D. Dwelling Sites to Have Frontage on a Public Street Except as otherwise provided for in this Ordinance, at least once side of each lot used as a dwelling site shall abut upon a street which has been designed or dedicated to the public for street purposes and the length of such abutting side measured at the setback line shall be at least as great as the width required for dwelling sites in the zone in which such building site is located. E. Uses Prohibited in Zones Unless Expressly Permitted Uses of land which are not expressly permitted within a zone are expressly prohibited therein, except, as may be permitted by action of the Board of Adjustment pursuant to express authority under the terms of this Ordinance. The Board of Adjustment shall not permit a use within a zone which is not expressly permitted by the terms of this Ordinance unless it can be shown that the use is similar to other uses permitted in the zone. Where the Board of Adjustment determines a use to be similar, such use shall thereafter be deemed to be a permitted use as if it were listed therein on the effective date of this Ordinance. F. Moved Building No permit for moving of a residential, commercial, or industrial building within the city, which has had prior use shall be issued as required under Section 02.1000, without first filing an application with the Zoning Administrator. Said application shall contain the following information: (a) Location and address of the old and new site. (b) Plot plan of the new location, also showing adjacent lots on all sides of the property and indicating all structures and improvements on said lot. (c) Plans and specifications for the proposed improvements at the new location, including plans for landscaping treatment when required by the Zoning Administrator. (d) Certification by the Zoning Administrator that the structure is sound enough to be moved and that the condition, location, and use of the building will comply with the Zoning Ordinance and all other applicable code and ordinances. Before approving said application and authorizing the issuance of a permit, the Zoning Administrator must find: (a) That the building will have no appreciable detrimental effect on the living environment and property values in the area into which the structure is to be moved. (b) That the building is in conformity with the quality of building existing in the area into which it is proposed to be moved. (c) That said building and the lot on which the building is to be located will conform to the requirements of the Zoning Ordinance and other applicable codes, ordinances and regulations. (d) That its location on the lot does not in any substantial way adversely affect buildings or uses in abutting properties. (e) That all requirements, dedications, and improvements for streets and facilities and buildings shall be provided in conformity with the standards of the city. (f) That adequate provisions has been made through the posting of a bond or other assurance that the building and grounds shall be brought up to the standard of a new building before it is occupied and that the vacated site shall be restored to a safe and sightly condition. The requirements of this provision shall also apply to the moving of mobile homes, demountable homes, manufactured homes, and similar movable structures except when being moved from outside the city into a mobile home park. G. Transitional Uses Uses which are permitted on either portion of a lot which lot is divided by a zone boundary line or which is coterminous with a zone boundary line may be permitted to extend to the entire lot, but not more than one hundred (100) feet beyond the boundary line of such zone which such use is permitted. Before a permit for such a use may be granted, however, the Board of Adjustment must find that the comprehensive plan of zoning will be maintained and that a more harmonious mixing of uses will be achieved thereby. H. Adjust or Reduce Off Street Parking Requirements The Board of Adjustment may approve substitute parking locations and may reduce the amount of off street parking required where sufficient off street parking is readily available within the vicinity, and/or where acquisition of land for such use if unnecessary in order to carry out the spirit of this Ordinance.