19.05.02 General Supplemental Regulations

1. Semi-Private Recreation Clubs. The Land Use Authority may permit the use of land in any zone for semi-private swimming clubs, tennis courts, or other recreational facilities providing that in all such cases, the following conditions are met: a. the facilities shall be owned and maintained by the members; and b. a minimum of seventy-five percent of the membership must be residents of the neighborhood or section of the subdivision. 2. Yard Space, Open Space, Setbacks, and Other Requirements for One Building Only. Required yards or open space around an existing building shall not be considered as providing yard or open space for any other building for the purpose of complying with the provisions of this Title. In addition, yards or other open space on an adjoining lot shall not be considered as providing a yard or open space on a lot whereon a building is to be erected or established. Areas needed to meet the width, depth, yard, area, parking, or other requirements of this Title for a lot or building may not be sold or leased away from such lot or building. 3. Every Dwelling on a Lot. Every dwelling structure shall be located and maintained on a separate lot or parcel having no less than the minimum area, width, depth, and frontage required by this Title for the zone in which the dwelling structure is located, except that group dwelling complexes or other more flexible requirements as permitted by this Title, may vary from this requirement. a. Lots or parcels for which a development permit has been issued or for which a subdivision has received preliminary plat approval, and for which on-site development activity has begun, may no longer obtain a building permit for a dwelling based upon the original lot. b. Lots or parcels for which preliminary plat approval has been given, but which development permit has either expired or been vacated by request of the property owner, may again obtain a building permit for the original lot. 4. Lot Standards. Except as otherwise provided in this Title, every lot within the City shall have such area and the required frontage upon a dedicated public or approved private street, as is required in this Title, before a building permit may be issued. 5. Exceptions to Building Height Limitations. Penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the building, fire, or parapet walls, skylights, towers, steeples, flagpoles, chimneys, smokestacks, water tanks, theater lofts, silos, solar collectors, solar louvers and reflectors, or similar structures may be erected above the height limits herein prescribed, but no space above the height limits shall be allowed for purposes of providing additional floor space, nor shall it provide for human occupancy. 6. Approval of Culinary Water Supply and Sewage Disposal Required. Where either a supply of piped water under pressure, approved for use by the City, or a connection to an approved sanitary sewer system is not available, no building permit shall be issued until the proposed plan for sewage disposal and the proposed source of water supply has been approved by the City of Saratoga Springs and County Health Department. 7. Buildings in Flood Plain. All buildings and structures intended for human occupancy shall be constructed at least one (1) foot above the base flood elevation of Zone A as defined on the FEMA Flood Insurance Map. 8. Effect of Transportation Master Plan on Location of Structures. No building lot shall be created and no structure shall be erected within the location of a proposed street, road, highway, or right-of-way as shown on the City’s currently-approved Transportation Master Plan. 9. Location of Agricultural Accessory Structures. Except as otherwise provided in Title 19, no barn, silo, equipment shed, storage building, or similar accessory building or accessory structure to an agricultural use of land may be constructed or relocated closer than ten feet to any side or rear boundary line or closer than 100 feet to any public street or any dwelling on adjacent properties. Reductions to the 100 foot requirement may be granted by the Land Use Authority on a case-by-case basis through a Site Plan Review using the process and criteria outlined in Chapter 19.14. 10. Minimum Height of Dwellings. In those zones allowing dwellings, no dwelling shall be erected where more than ten percent of its main floor area is, or will be, below the finished surface grade. No basement houses shall be permitted. 11. Property Access Requirements. No building permit shall be issued for a building that is to be constructed on a lot or parcel that does not either abut a dedicated public street or highway or a private roadway to allow for police, fire, and emergency services. 12. Height of Accessory Buildings and Accessory Structures. In all zones except for the A, RA-5, and RR zones, no accessory building or accessory structure shall be taller than any main structure or dwelling. 13. Substandard Lots. The requirements of this Title as to minimum lot area or lot width shall not be construed to prevent the use of a single-family dwelling on any lot or parcel of land in the event that such lot has been held in separate ownership since adoption of these regulations and meets the definition of nonconforming use or structure in the Utah Code. 14. Swimming Pool (private). Private swimming pools may be allowed in any residential zone as an accessory use if the following requirements are met: a. it is an accessory use in a residential zone and is located within a side or rear yard; b. it is intended and is to be used solely for the enjoyment of the occupants and guests of dwelling or dwellings on the property on which it is located; c. it may not be located closer than five feet to any property line of the property on which it is located; d. shall not be located within any public utility easement; e. the swimming pool, or the entire property on which it is located, shall be walled or fenced to a minimum height of six feet. Where a swimming pool is located less than thirty feet from any property line, the pool shall be enclosed within a view obstructing wall or fence not less than six feet in height. Vegetation on or near a fence or wall shall not be considered view obstructing. All gates on said fences shall be fitted with a latching device located on the interior side of the gate; f. where a swimming pool is completely enclosed in a building, the location requirements for accessory and main buildings shall apply. Where a swimming pool is to be located in the near vicinity of any septic tank or sewage disposal drain field, the location must be approved by the Utah County Health Department; and g. any pool lighting shall be installed and directed in such a manner as to not cause disturbance to neighboring residents. 15. Sports Court (private). No sports court shall be allowed in any zone except as an accessory use and unless it complies with the following conditions and requirements: a. it is an accessory use to a main building and is located within the side or rear yard thereof; b. it is intended and is to be used solely for the enjoyment of the occupants and guests of the principal use of the property on which it is located; c. any court lighting shall be installed and directed in such a manner as to not cause disturbance to neighboring residents; and d. the hours of operation shall be from 8:00 a.m. to 10:00 p.m. 16. Skateboard Ramp (private). No skateboard ramp shall be allowed in any zone in the City except as an accessory use and unless it complies with the following conditions and requirements: a. it is an accessory use to a main building and is located within the side or rear yard thereof; b. it is intended and is to be used solely for the enjoyment of the occupants and guests of the principal use of the property on which it is located. No commercial or advertised use of the ramp shall be permitted and no donations or contributions shall be solicited or received for use of or attendance at ramp activities; c. it may not be located closer than twenty feet to any property line of the property on which it is located. It shall be not less than thirty feet from any neighbor's dwelling or twenty feet from any side lot line of any adjacent vacant lot; d. on a corner lot where the rear lot line is coterminous with a side lot line of an adjacent lot, it shall be located not less than twenty feet from such lot line; e. the hours of operation shall be from 8:00 a.m. to 10:00 p.m.; f. ramp lighting shall not be installed more than six feet above ground level and shall be directed in such a manner as to not cause disturbance to neighboring residents; g. the ramp shall be of such a scale and design and constructed of materials which will minimize noise, vibration, and other nuisance factors commonly associated with ramp usage. Portions of the ramp may be located below ground level, but in no case shall any portion of the ramp exceed six feet in height above ground level, excluding handrails. The ramp shall comply with all pertinent sections of the Building Code and all land use requirements of accessory structures and a building permit shall be obtained; and h. the ramp must be inside an enclosure or within an enclosed yard. 17. Private Spas. A private spa is an accessory use to a main building and shall be located within the side or rear yard thereof. 18. Structure located within a Public Utility Easement. On a case by case basis the City Engineer, City Building Official, and Planning Director may consider allowing a permanent structure within a public utility easement. This applies to buildings and structures requiring a building permit according to the International Building Code, and in-ground construction such as pools. The applicant will be required to obtain a waiver letter from each affected utility company including the City of Saratoga Springs. The applicant will also be required to sign a deed restriction/affidavit form which indicates that these restrictions run with the land. This document will be recorded prior to City approval and issuance of a building permit. a. Structures not requiring a building permit according to the International Building Code are subject to the requirements of Section 19.05.11. 19. Model Homes. Model homes may be constructed in approved and recorded residential subdivisions when water, power, and sewer services are available to the site. Sites for model homes must also have improved, all-weather, vehicular access as approved by the City Engineer. Model homes may not be occupied as a dwelling until a permanent Certificate of Occupancy has been issued by the City.