4-4 Every dwelling to be on a lot – Exceptions

(1) Except as otherwise stated herein, every dwelling shall be placed and maintained on a separate lot. (2) Group and cluster dwellings, condominiums and other multi-structure dwelling complexes with single ownership and management may occupy one lot for each such multi-structure complex. (3) A conditional use permit may be issued for an existing home, a manufactured home, a mobile home or a recreational vehicle brought on to a vacant lot, that may be used as a principal dwelling while a new dwelling is being constructed. The permit may be issued by the zoning administrator with the following conditions: (a) the structure used as a temporary dwelling shall be removed from the site 60 days after a demolition permit for the temporary building is issued; or if a recreational vehicle is used, it shall cease to be occupied as a temporary dwelling as soon as the permanent structure’s certificate of occupancy is issued but may continue to be stored on the site as a recreational vehicle with utility connections disconnected; (b) a demolition permit shall be applied for at the time a certificate of occupancy is issued; the certificate of occupancy shall not be issued until the demolition permit is applied for. If a recreational vehicle is used as the temporary dwelling, then the demolition permit is unnecessary; (c) the temporary dwelling shall not be used as a dwelling for a period of more than 24 months; however, the zoning administrator may issue up to two 6-month extensions, provided sufficient progress has been made to the new dwelling within the initial 24 months; (d) bids shall be obtained by the zoning administrator for the removal and disposal of the dwelling or the manufactured home used as a temporary dwelling prior to the issuance of the certificate of occupancy; (e) the Tooele County Health Department shall be consulted on existing structures to determine if any environmentally hazardous materials exist in the structure to be removed; (f) the applicant shall give permission to the County to enter the property at reasonable times with those contractors establishing a bid to determine the extent of work involved to remove and dispose of the temporary structure; (g) all structures shall meet the setback requirements for the zoning district in which the property is located; (h) the applicant shall file a hold harmless agreement with the County for any enforcement action it deems appropriate to ensure compliance with the permit as issued; (i) a bond shall be filed with the County for the cost of the highest bid plus 20% in the form of cash, irrevocable letter of credit or an escrow that can be drawn by Tooele County should the zoning administrator deem that the permittee has failed to comply with the conditions of the permit which shall be cause for the County to remove the structure used as a temporary dwelling; (j) if the bond is forfeited the funds of the bond exceeding the cost of removal shall remain with the County, and any costs over that of the bond amount shall be paid by the permittee to the County within 20 days from the receipt of an invoice; (k) the County may pursue restitution in civil court and placement of a tax lien on the property for any amounts that are owed to the County and remain unpaid; (l) if a recreational vehicle is used, proper power, water and septic connections may be required and inspected by a building inspector, health department and fire agency. If connections and inspections are not required, the applicant may need to provide proper plans on how power, water and septic will be properly maintained. If an extension is requested, further inspections by a building inspector, health department and fire agency may be required; (m) a conditional use permit for a temporary dwelling shall not be issued or approved prior to submitting a building permit for the main dwelling; and (n) if the temporary dwelling is an existing structure and it meets the requirements of Tooele County’s Land Use Table 15-5-3.3, a conditional use permit may be issued to allow the temporary dwelling to become an accessory housing unit. This determination shall be made and requested by the property owner prior to the certificate of occupancy being issued for the new structure. If it is determined the temporary dwelling does not meet the regulations of Table 15-5-3.3 or that it is the intent of the property owner to remove the temporary housing, then the zoning administrator shall require the structure to comply with demolishment listed above. Under no circumstances shall a mobile home or recreational vehicle be allowed to become an accessory housing unit. (Ord. 2023-05, 2/21/23; Ord. 2021-42, 10/5/21; Ord. 2006-32, 11/7/06; Ord. 2005-22, 9/13/05)