CHAPTER 22: - SUPPLEMENTARY DEVELOPMENT STANDARDS
Part of the Code of Ordinances of Honeyville, UT.
The text
10-22-1: - Purpose#
This chapter establishes several miscellaneous land development regulations which are applicable throughout the city regardless of zone.
(Adopted by Ord. 2007-02 on 7/11/2007)
10-22-2: - Scope#
The requirements of this chapter shall apply in addition to the development and use standards set forth in other chapters of this title. The requirements of this chapter shall not be construed to prohibit or limit other applicable provisions of this title, this code, and other laws; provided that the requirements of this chapter shall prevail over conflicting provisions of any other requirement in this title unless a different standard is expressly authorized.
(Adopted by Ord. 2007-02 on 7/11/2007)
10-22-3: - Abandoned, wrecked, or junk vehicles#
This ordinance is designed to maintain neighborhood and environmental safety, cleanliness and appearance, and to prevent de-facto junk yards. It is unlawful for property owners or tenants to keep unlicensed, inoperable, unused, or abandoned vehicles, equipment, scraps or parts on their premises unless the property is licensed for such use.
Exemptions. This section shall not apply to items which are clearly accessory and incidental to any agricultural use permitted in the zone, or to items completely and lawfully enclosed within a legally constructed and completely enclosed building or enclosure where it is not visible from a public or private way or other public or private property and which does not constitute a nuisance, endanger or adversely affect the health or welfare of the community, or the keeping of which does not violate any other law or ordinance.
Non-working vehicles (and vehicle parts or equipment) may leak fluids like gas, diesel, and anti-freeze which can contaminate the groundwater and the soil. They can also contain heavy metals and other contaminants in the metal, tires, plastics and paint.
Non-working vehicles present a hazard to children. Non-working vehicles can attract rodents and a variety of insects.
Non-working vehicles shall be determined by if they are: a.
Unlicensed or unregistered: does not have current registration or license plates.
b.
Dismantled or wrecked: The vehicle is in a state of disrepair, has been taken apart, has been wrecked, can not move under their own power or is missing essential parts.
c.
Is used as storage for other items.
d.
Unused or abandoned: Left on a property or the street for an extended period, without valid licensing or evidence of ownership.
Outside storage or parking of more than two non-working vehicles or non-working trailers, or a combination thereof, for longer than eight weeks is prohibited. Trailers may not be used to store trash or detritus for longer than 4 weeks.
(Adopted by Ord. 2007-02 on 7/11/2007; Ord. No. 2026-05, Exh. A, 6/3/2026)
10-22-4: - Adequate public facilities#
Land shall be developed only where existing infrastructure is in place or will be timely provided to service proposed development. The city may require an analysis to be completed to determine whether adequate public facilities are available to service a development and whether such development will change existing levels of service or will create a demand which exceeds acceptable levels of service for roadways, intersections, bridges, storm drainage facilities, water lines, water pressure, sewer lines, fire and emergency response times, and other similar public services. The city may disapprove a proposed development if demand for public services exceeds accepted levels of service. No subsequent approval of such development shall be given until either the developer or the city installs improvements calculated to raise service levels to the standard adopted by the city.
(Adopted by Ord. 2007-02 on 7/11/2007)
10-22-5: - Accessory uses and structures#
Accessory uses and structures shall be permitted in all zones provided they are incidental to, and do not substantially alter a principal use or structure. A.
Front Yard: No accessory building or structure nor group thereof shall be located in a front yard unless expressly authorized by a provision of this title.
B.
Rear Yard: No accessory building nor group of accessory buildings in any residential zone shall cover more than twenty-five percent (25%) of a rear yard.
C.
Accessory Buildings Prohibited as Living Quarters: Living or sleeping quarters in any building, other than the main residential building, are prohibited except as expressly provided by a provision of this title.
(Adopted by Ord. 2007-02 on 7/11/2007)
10-22-6: - Buildable area#
Every lot created after the effective date of this title shall have a buildable area sufficient to place a building or structure thereon which meets the minimum standards of the zone where the lot is located. Buildable area shall be depicted on a proposed subdivision plat, site plan, or plot plan for the purpose of notifying future owners of the approved buildable area based on applicable development standards. Area within an easement may not be included within buildable area unless the easement beneficiary executes and records a release of the easement in a form acceptable to the city attorney.
(Adopted by Ord. 2007-02 on 7/11/2007)
10-22-7: - Condominium projects#
A.
State Law Requirements: The owner of real property may construct a new condominium project or convert existing land and/or structures into a condominium project by complying with the provisions of the condominium ownership act, Utah Code as annotated § 57-8, and applicable provisions of this title and other titles of this code.
B.
Uses Permitted: Uses permitted within a condominium project shall be limited to those uses permitted within the zone in which a project is located.
(Adopted by Ord. 2007-02 on 7/11/2007; Ord. No. 2026-05, Exh. A, 6/3/2026)
10-22-8: - Easements#
No dwelling, main building, permanent accessory building, or permitted retaining wall shall be located within a recorded easement area unless the property owner either produces evidence satisfactory to the zoning administrator that the easement has been abandoned. Such evidence shall be a release of easement executed by the beneficiary of the easement and recorded with the County Recorder.
(Adopted by Ord. 2007-02 on 7/11/2007; Ord. No. 2026-05, Exh. A, 6/3/2026)
10-22-9: - Effect of master street plan#
Whenever a front or side yard is required for a building which abuts an existing street shown on the master street plan, the depth of such front or side yard shall be measured from the planned street line.
(Adopted by Ord. 2007-02 on 7/11/2007; Ord. No. 2026-05, Exh. A, 6/3/2026)
10-22-10: - Fences and walls#
A.
Height of Fences and Walls: No fence, hedge, wall or other similar structure shall be erected to a height which exceeds the following:
1.
In a required front or street side yard: Five feet (5').
2.
In a required interior side or rear yard: Seven feet (7').
3.
In a yard bordering the front yard of an adjoining lot: Four feet (4').
B.
Retaining Walls: When a retaining wall protects a cut below natural grade and is located on a line separating lots, such retaining wall may be topped by a fence, wall, or hedge of the same height that would otherwise be permitted at such location if no retaining wall existed.
C.
Fences in Front or Side Yards: No opaque fence or wall or other similar structure exceeding four feet (4') in height shall be erected within a required front yard.
D.
Swimming Pools: Swimming pools of permanent construction not enclosed within a building shall be set back at least five feet (5') from all property lines and shall be completely surrounded by a fence or wall having a lockable self-closing gate and a height of at least six feet (6') which conforms to building code requirements.
E.
Visual Obstructions: To avoid creating a visual obstruction and promote public safety, a fence, wall, sign, or other similar structure or landscaping located in a required front yard shall meet the following requirements:
1.
Driveways: No opaque fence, wall, sign, or other similar structure, or landscaping which exceeds two feet (2') in height shall be placed within a triangular area formed by a driveway line, the street right of way line, and a line connecting them at points twelve feet (12') along the driveway line and twelve feet (12') along the street right of way line, except for a reasonable number of trees pruned high enough to permit unobstructed vision for operators of passenger vehicles.
2.
City Street: No fence, hedge, wall, sign, landscaping or other structure which exceeds two feet (2') in height shall be placed on any corner lot within a triangular area formed by the street right of way lines and a line connecting them at points forty feet (40') from the intersection of the street right of way lines, except a reasonable number of trees pruned high enough to permit unobstructed vision for operators of passenger vehicles.
3.
State Highways 38 and 240: No fence, hedge, wall, sign, landscaping or other structure which exceeds two feet (2') in height shall be placed on any corner lot at the intersection of State Highways 38 and 240 and a city street within the triangular area defined as the sight triangle pursuant to AASHTO Green book, as amended by UDOT Road Design Manual.
(Adopted by Ord. 2007-02 on 7/11/2007; Ord. No. 2026-05, Exh. A, 6/3/2026)
10-22-11: - Reserved#
Editor's note— Exh. A of Ord. Nos. 2026-05 and 2026-07, adopted June 3, 2026, repealed § 10-22-11, which pertained to flag lots and derived from Ord. 2007-02 adopted July 11, 2007.
10-22-12: - Height exceptions and limitations#
A.
Exceptions to Height Limitations: Roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, parapet walls, skylights, towers, steeples, flagpoles, chimneys, water tanks, wireless or television masts, theater lofts, silos or similar structures may be erected above the limits herein prescribed, but no space above the height limit shall be allowed for the purpose of providing additional floor space for human occupancy.
B.
Minimum Height of Main Buildings: No dwelling shall be erected to a height less than one story above grade except earth sheltered dwellings authorized by the provisions of this title.
C.
Additional Height Allowed for Public Buildings: Public buildings and churches may be erected to any height, provided the building is set back from the required building setback lines a distance of at least one and one-half feet (1.5') for each additional foot of building height above the maximum height otherwise permitted in that zone.
(Adopted by Ord. 2007-02 on 7/11/2007; Ord. No. 2026-05, Exh. A, 6/3/2026)
10-22-13: - Land excavation#
A.
Work Prohibited Without Conditional Use Permit: No person shall commence or perform any grading or excavation on an existing lot or for a gravel pit or rock quarry in excess of the limits specified below without first obtaining a conditional use permit for grading and excavation.
B.
Conditional Use Permit Required: A conditional use permit shall be required in all cases where development comes under any one or more of the following provisions, unless such work is exempted elsewhere in this section:
1.
Excavation, fill or any combination thereof exceeding one thousand (1,000) cubic yards.
2.
Fill exceeding five feet (5') in vertical depth at its deepest point measured from the adjacent undisturbed ground surface.
3.
An excavation exceeding five feet (5') in vertical depth at its deepest point.
4.
An excavation, fill or combination thereof exceeding an area of one acre.
5.
Vegetation removal from an area in excess of one acre.
C.
Conditional Use Permit Not Required: A conditional use permit shall not be required in the following cases:
1.
Excavations below finished grade for which a building permit is required and has been issued by the city, including, but not limited to, the following: septic tanks and drain fields, tanks, vaults, tunnels, equipment, basements, swimming pools, cellars or footings for buildings or structures.
2.
Excavation or removal of vegetation within property owned by a public utility company or within a public utility easement by a public utility company.
3.
Removal of vegetation as a part of the work authorized by an approved building permit.
4.
Tilling of soil or cutting of vegetation for agricultural or fire protection purposes.
5.
Commercial quarries operating with valid conditional use permits in appropriate industrial zones as provided for in this title.
6.
Engineered interior fills or surcharge on the property with respect to industrial development.
7.
Grading and/or excavation done pursuant to an approved final subdivision plat.
8.
Items not covered by this section which are exempted from required permits by the building code.
(Adopted by Ord. 2007-02 on 7/11/2007)
10-22-14: - Lots and yards#
A.
Every Building on Legally Created Lot:
1.
Every building shall be located and maintained on a legally created "lot" as defined in this title, unless such lot is a legal nonconforming lot.
2.
Such lot shall have required frontage on an existing or dedicated public street.
3.
Only one dwelling structure shall be located on any lot except as otherwise authorized by the provisions of this title.
B.
Prior Created Lots:
1.
On any legally nonconforming lot of record held under separate ownership at the time of passage of this title, such lot may be used for a single-family dwelling. The side yard requirements may be reduced in proportion to the reduced width of the front lot line of the property, but in no case shall the side yards be reduced to less than eight feet (8') on one side or twenty feet (20') combined.
C.
Sale or Lease of Required Land:
1.
No land needed to meet the size, width, yard, area, coverage, parking or other requirements of this title shall be sold, leased, or otherwise transferred away, whether by subdivision or metes and bounds, so as to create or increase the nonconformity of a lot, building, or site development.
2.
No lot having less than the minimum width and area required by the zone where it is located may be divided from a larger parcel of land, except as permitted by this section.
3.
If a portion of a lot which meets minimum lot area requirements is acquired for public use in any manner, including dedication, condemnation or purchase, and such acquisition reduces the minimum area required, the remainder of such lot shall nevertheless be considered as having the required minimum lot area if all of the following conditions are met:
a.
The lot contains a rectangular space of at least thirty by forty feet (30 x 40') exclusive of applicable front and side yard requirements, an exclusive of one-half ( 1 / 2 ) of the applicable rear yard requirements, and such rectangular space is usable for a principal use or structure.
b.
The remainder of the lot has an area of at least one-half ( 1 / 2 ) of the required lot area of the zone in which it is located.
c.
The remainder of the lot has access to a public street.
D.
Setback Measurement:
1.
The depth of a required yard abutting a street shall be measured from the lot line except on blocks where more than fifty percent (50%) of the buildable lots have main buildings which do not meet the current front yard setback of the zone where the block is located. In such case, the minimum front yard requirement for new construction shall be equal to the average existing front yard size on the block, up to a maximum of thirty feet (30').
E.
Yards to Be Unobstructed:
1.
Exceptions: Every part of a required yard shall be open to the sky and unobstructed except for:
a.
Accessory buildings in a rear yard or interior side yard.
b.
The ordinary projections of window bays, roof overhangs, skylights, sills, belt courses, cornices, chimneys, flues and other ornamental features, which shall not project into a yard more than four feet (4').
c.
Open or lattice enclosed fire escapes, fireproof outside stairways and balconies open upon fire towers projecting into a yard not more than five feet (5').
d.
Landscaping and associated improvements.
F.
Yard Space for One Building Only. A required yard for any building shall be located on the same lot as the building.
G.
Lot Coverage:
1.
In no zone shall a building or group of buildings with their accessory buildings cover more than fifty percent (50%) of the area of the lot.
(Adopted by Ord. 2007-02 on 7/11/2007; Ord. No. 2026-05, Exh. A, 6/3/2026)
10-22-15: - Protection strips#
When subdivision streets parallel contiguous property of others, the developer may, upon approval of the planning commission, retain a protection strip not less than one foot (1') in width between said street and adjacent property; provided, an agreement approved by the city attorney has been made by the subdivider contracting to deed to the owners of the contiguous property the one foot (1') or larger protection strip for a consideration named in the agreement. Such consideration shall be not more than the fair cost of the land in contiguous property plus the value of one-half (0.5) the land in the street at the time of agreement. One copy of the agreement shall be submitted to and approved by the city attorney and the planning commission prior to approval of a final plat. Protection strips shall not be approved at the end of a public street or proposed street.
(Adopted by Ord. 2007-02 on 7/11/2007)
10-22-16: - Pollution prevention#
All state and local codes concerning air and water quality and solid waste disposal are hereby adopted by reference.
(Adopted by Ord. 2007-02 on 7/11/2007)
10-22-17: - Private or individually owned water and sewage disposal requirements#
Before a building permit or use permit is granted, the proposed sewage disposal system and the culinary water system, where a nonmunicipal source is used, shall be approved pursuant to applicable law.
(Adopted by Ord. 2007-02 on 7/11/2007)
10-22-18: - Storage of trash and debris prohibited#
No yard or other open space shall be used for the accumulation of trash, debris, or abandoned equipment and no land shall be used for such purposes, except as authorized by and in compliance with the provisions of this title.
(Adopted by Ord. 2007-02 on 7/11/2007)
10-22-19: - Responsibility for unsightly conditions#
Failure of the city or planning commission to observe or recognize hazardous or unsightly conditions, or to recommend denial of a conditional use permit or subdivision because of such unrecognized hazardous or unsightly conditions, shall not relieve the developer or owner from responsibility for the condition or damages resulting therefrom. The city or planning commission, its officers or agents, shall not be held responsible for the conditions and damages resulting therefrom.
(Adopted by Ord. 2007-02 on 7/11/2007)
10-22-20: - Shipping containers.#
Shipping containers placed on any site shall comply with the following provisions of this section. Exception: Portable moving container/moving pods placed on private property for no more than thirty (30) days in any twelve (12) month period shall not be regulated by this chapter. A.
RESIDENTIAL ZONE. Shipping containers are allowed in residential zones. A permanent shipping container will be treated as an accessory building and requires a building permit to approve location placement within setbacks and verification of septic/drainfield locations and/or easement and natural waterway boundaries and/or any other applicable codes for placement on the property. A shipping container must be painted, or otherwise camouflaged, so it does not look like a shipping container. The shipping container shall be painted a solid neutral color such that all insignia, writing, or numbers on the shipping container are masked. Shipping containers may not be used for any type of housing.
B.
LIGHT INDUSTRIAL ZONE. Shipping containers are allowed in the light industrial zone; provided the use is in conformance with current permitted zoning uses. Placement of a shipping container for permanent or semi-permanent use shall require a building permit and an engineered foundation, and shall meet all other codes for placement on the property. The shipping container shall be painted a solid neutral color such that all insignia, writing, or numbers on the shipping are masked. Shipping containers may not be used as an alternative to reasonably expected lot improvements such as fencing, buildings, etc. Sight-obscuring fencing or landscaping approved may be required by the land use authority. Shipping containers must meet any other applicable codes for placement on the property. Shipping containers are not allowed on industrial zone properties on which the primary use is a nonconforming residential use. Shipping containers in an industrial zone may never be used for any type of residential housing.
C.
COMMERCIAL ZONE. Shipping containers are allowed in the commercial zone provided said containers are screened with sight-obscuring fencing or landscaping approved by the administrative land use authority; and are being used for shipping and that all applicable Department of Transportation (DOT) licenses for the containers are active and valid. The city may require proof of active DOT licenses; and that they are not permanently installed. Shipping containers are not allowed in the commercial zone when the primary use is a nonconforming residential use and may never be used as housing. A temporary permit for a shipping container may be obtained for containers used ancillary to a project with a valid building permit. A temporary permit may allow placement of a container at a building site for up to one hundred eighty (180) days for temporary use after the building permit is issued. The temporary permit cannot be extended. Shipping containers may not be used as an alternative to reasonably expected lot improvements such as fencing, buildings, etc. Shipping containers must meet any other applicable codes for placement on the property. Placement of a shipping container for permanent or semi-permanent use shall require a building permit and an engineered foundation and shall meet all other codes applicable to the zone and property.
D.
CITY PROPERTY. Shipping containers may be placed on city property for city use without a building permit in situations and places acceptable to the city public works director or the city engineer with the approval of city council. Look-alike shipping buildings or metal buildings marketed as "container" or "portable units" are regulated as shipping containers to which this section shall apply. Placing a shipping container on a city street or right-of-way is not allowed.
(Ord. No. 2024-06, § 1, 7/10/2024; Ord. No. 2026-05, Exh. A, 6/3/2026)
10-22-21: - Use of a recreational vehicle, motor home or vehicle#
A Motor Home, Recreational Vehicle ("RV") shall not be located, placed, used or occupied for residential purposes for more than seven (7) consecutive days per calendar quarter.
(Ord. No. 2024-07, § 1 (Att.), 8-14-2024)