16-3-1 EXEMPTION FROM AREA REQUIREMENTS: Uses conditionally exempt from frontage, width, and area requirements of the zoning district

(1) A bona fide division or partition of land which does not meet the area, width or frontage requirements may be created for the purpose of siting the following uses approved through a conditional use permit: (a) an unmanned facility appurtenant to a pipeline, electrical service, telecommunication equipment, a transmission line, radio transmission facility, regeneration, or fiber optic equipment, any of which is owned or operated by a public or private utility service regulated by the Public Utility Commission or Federal Communications Commission; (b) a publicly owned facility such as a fire station, sheriff’s substation, communication tower, equipment shed; or (c) a quasi-public facility such as a church, cemetery, hospital or 24-hour emergency care facility. (2) The division or partition of land for a parcel exempted under Subsection (1) shall be subject to the following: (a) the parcel shall have a legal access to it; (b) if located in a residential or residential multi-family zoning district: (i) the site shall be large enough that the height of the tallest structure measured horizontally from its base, plus ten feet will mark the minimum distance to the property line, and the perimeter shall be fenced with chain link fencing and screened by drought resistant landscaping and trees; (ii) if the parcel is being created for a manned public facility such as a fire station or emergency care station, the exempted parcel shall have frontage on a public road; and (iii) creation of the exempted parcel shall not create a remnant parcel that is less than one (1) acre in area or less than 70% of the area, width or frontage as is required in the zoning district. (3) The conditional exemption allowed by this section does not excuse the applicant or landowner from compliance with the subdivision ordinance.