CHAPTER 1.19
SUPPLEMENTARY REGULATIONS


Sections:
1.19.005 Purpose.
1.19.010 Compliance Required.
1.19.015 Swimming Pools.
1.19.020 Flag Poles.
1.19.025 Child Care.
1.19.030 Location of Fuel Dispensers.
1.19.035 Manufactured and Modular Homes.
1.19.040 Mobile Homes.
1.19.045 Trash Enclosures.
1.19.050 Residential Facility for Elderly Persons.
1.19.055 Residential Facility for Persons with a Disability.
1.19.060 Residential Architectural Standards.
1.19.065 Keeping Chickens for the Purpose of Family Food Production.

1.19.005 PURPOSE.
The regulations found in this Chapter, supplement regulations appearing elsewhere in this Title.

1.19.010 COMPLIANCE REQUIRED.
The regulations found herein and permits issued are required to be in compliance with this Chapter and any other supplement regulations appearing elsewhere in this Title.

1.19.015 SWIMMING POOLS.
Private swimming pools shall meet the following standards and may be constructed or installed once a Building Permit has been issued.

A. Setback. Pools shall be located no closer than thirty (30) feet to any dwelling on an adjoining lot or property and not closer than ten (10) feet to any property line; and

B. Controlled Access. Pool areas shall be secured by a six (6) foot fence with self-closing and self-latching gates or in an enclosed building that has controlled access. Jacuzzis, spas, hot tubs, whirlpools may use a hard cover supplied by the manufacturer rather than the fence as noted above.

1.19.020 FLAG POLES.

A. Height. The maximum height of a flag pole shall not exceed the maximum height allowed for any structure in the zoning district where the pole and flag shall be located; and

B. Clearance. A flag pole shall not be located in such a manner as to cause a safety hazard. No pole or flag shall extend beyond the property line of the lot on which the flag pole is located.

1.19.025 CHILDCARE/PRESCHOOL.
Childcare shall follow the limits, ratios and care regulations in accordance with the State of Utah Childcare rules. Childcare providers and all Childcare Facilities as defined within the current State of Utah Childcare Licensing and Facility Rules and Public Safety Fire Marshal Day Care Rules, shall follow all rules and regulations herein regarding licensing and facility standards. In addition, Childcare Facilities shall be inspected by the City Building Inspector and/or City Fire Inspector and shall comply with all zoning, fire, sanitation, building and licensing laws, regulations, Ordinances, and Codes of the City and the State of Utah prior to final approval by Tremonton City.

A. Childcare/Preschool, Residential-Minor. In accordance with the requirements, standards, and approval process contain in Chapter 24 and other applicable Sections and Chapters of this Title, a Home Occupation Permit for a Childcare/Preschool, Residential-Minor may be approved if the proposed Childcare/Preschool meets the following standards:

1. Number of Children. There shall be a maximum of six (6) children including the caregiver’s own children;

2. No Employees. There are no employees that do not reside in the dwelling;

3. Noise Regulations. The use shall comply with Chapter 1.20 Noise Regulations;

4. Play Yard Location. The outdoor play yard shall not be located in the front yard and shall be securely fenced with a minimum four (4) foot high fence;

5. On-Site Parking. The lot shall contain one available on-site parking space not required for use of the dwelling and shall be located in such a way as to insure the parking is functional and does not change the residential character of the lot;

6. No Sign. No signs shall be allowed on the dwelling or lot;

7. Licensing and Other Laws. The childcare/preschool operator shall comply with all applicable licensing regulations adopted by Tremonton City and shall comply with all local, state and federal laws and regulations;

9. Inspection. All homes shall require an inspection by the City Building Inspector or Fire Inspector prior to operating and shall be inspected on an annual basis prior to certificate or license renewal.

B. Childcare/Preschool, Residential-Major. In accordance with the requirements, standards, and approval process contain in Chapter 24 and other applicable Sections and Chapters of this Title, a Home Occupation Permit for a Childcare/Preschool, Residential-Major may be approved if the proposed Childcare/Preschool meets the following standards:

1. Number of Children. There shall be a maximum of twelve (12) children including the caregiver’s own children;

2. One Employee. There shall be no more than one (1) employee at any one time that does not reside at the residence;

3. Noise Regulations. The use shall comply with Chapter 1.20 Noise Regulations;

4. Play Yard Location. The play yard shall not be located in the front yard and shall be securely fenced with a minimum four (4) foot high fence;

5. On-Site Parking.  The lot shall contain one (1) available on-site parking space not required for use of the dwelling and one (1) additional parking space for employee that does not reside in the home. The additional parking spaces shall be located in such a way as to insure that the parking area is functional and does not change the residential character of the lot;

6. No Signs. No signs shall be allowed on the dwelling or lot;

7. Licensing and Other Laws. The use shall comply with Tremonton City licensing regulations and other local, state and federal laws and regulations;

9. Inspection.  All homes shall require an inspection by the City Building Inspector or Fire Inspector prior to operating and shall be inspected on an annual basis prior to certificate or license renewal.

1.19.030 LOCATION OF FUEL DISPENSERS.
Fuel dispensers shall be set-back no less than twenty-five (25) feet from any street line to which the pump island is perpendicular, and twenty (20) feet from any street line to which the pump island is parallel, and not less than twenty-five (25) feet from any residential, agricultural or commercial/industrial district boundary line. If the pump island is set at an angle on the property, it shall be so located that the automobiles stopped for service shall not extend over the property line. Installation shall be done in accordance to the International Fire Code, NFPA, and other applicable industry standards and Codes.

1.19.035 MANUFACTURED AND MODULAR HOMES. Upon application and payment of a fee, a Building Permit may be issued for the placement of a Manufactured Home, (each reference in this Chapter to a manufactured home shall be deemed to also refer to a modular home except where the context of the language or requirements of the law provide for reference to one type of home only) provided it meets or shall be constructed to meet the requirements of Federal Law, State Law, and this Title, as currently stated or as may be amended and further provided that it shall be placed on a lot zoned for Single-Family Dwellings within Tremonton City (pursuant to Utah Code Annotated 10-9a-514). Application for such Building Permit shall be made to the designated Tremonton City Building Official, or other designated official or department. The Building Permit shall be granted upon evidence of compliance, or present ability to comply, to the satisfaction of the Tremonton City Building Official, with all the local zoning, building code and subdivision requirements within the zone or area proposed for construction; and provided further that the Manufactured Home shall be attached to a permanent foundation in accordance with plans providing for vertical loads, uplift and lateral forces and frost protection in compliance with the applicable building code, and with the following provisions and conditions:

A. Engineered Foundation. Each Manufactured Home shall also be installed on said foundation in accordance with the manufacturer’s installation instructions and stamped by an engineer licensed in the State of Utah. Each Manufactured Home shall be installed with or without a basement that meets or exceeds applicable requirements of the building codes and the manufacturer’s installation instructions. This shall also include the removal of towing hitches and running gear, which includes tongues, axles, brakes, wheels, lights and other parts of the chassis that operate only during transport.

B. Lot Regulations. The lot upon which said Manufactured Home is to be placed shall comply in all respects with the then-existing zoning requirements for the district in which it is located, including but not limited to: lot size, building setback, access, enclosures, yard requirements and the length of the structure facing the street or roadway to which it shall be addressed;

C. Home Constructed on or After June 15, 1976. Each Manufactured Home shall have been constructed on or after June 15, 1976, according to the Federal Home Construction and Safety Standards Act 1974 (HUD Code), and shall not have been altered or otherwise remodeled in violation of the HUD Code. Each Manufactured Home shall be identifiable by the manufacturer’s data plate bearing the date the unit was manufactured and a HUD label attached to the exterior of the home certifying that the home was manufactured to HUD standards;

D. Building Appendages. Any and all appendages to each Manufactured Home and for accessory uses, such as steps and stoops, carports or garages, storage buildings, antennas, satellite dishes, patios, awnings, additions, or alterations shall be built in compliance with and conform to the applicable building codes. Main entry steps, stoops and porches shall be concrete or masonry and shall have required guardrails and handrails, if appropriate;

E. Utilities and Hose Bibs. Each Manufactured Home shall have permanent connection of all services to local utilities, with local authority approval being required. This shall include two (2) hose bibs when not contained with the Manufactured Home;

F. Title Delivered to Box Elder County.  The owner of each Manufactured Home shall cause the document of title, as soon as the same is received from the manufacturer, to be delivered to the Box Elder County Assessor in the manner required by law and said home shall thereafter be subject to taxation as real property;

G. Residential Architectural Standards. Each Manufactured Home shall meet the Residential Architectural Standards contained in 1.19.060; and

H. Standards Being Misconstrued. Nothing in this Section is intended, nor shall be construed as being intended, to limit or exclude the construction or placement of a permanent dwelling on a lot zoned for Single-Family Dwellings as heretofore may have been permitted by the existing legislation.

1.19.040 MOBILE HOMES.
A Mobile Home shall only be allowed on a Mobile Home Space in an approved Mobile Home Park and designed for long-term occupancy. In determining if such a dwelling is designed for long-term occupancy, the following criteria shall be used: such a dwelling contains a flush toilet, sleeping accommodations, a tub or shower bath, kitchen facilities, and plumbing and electrical connections provided for attachment to appropriate external systems, and ready for occupancy except for connections to utilities and other minor work. A Building Permit is issued upon evidence of compliance, or present ability to comply, with the satisfaction of the Tremonton City Building Official, Zoning Ordinance, and Building Codes. Mobile Homes shall also meet the following:

A. Constructed on or After June 15, 1976. Each Mobile Home shall have been constructed on or after June 15, 1976, according to the Federal Home Construction and Safety Standards Act 1974 (HUD Code), and shall not have been altered or otherwise remodeled in violation of the HUD Code. Each Mobile Home shall be identifiable by the manufacturer’s data plate bearing the date the unit was manufactured and a HUD label attached to the exterior of the home certifying that the home was manufactured to HUD standards;

B. Installation Guidelines. Each Mobile Home shall be set up in accordance with manufactures installation guidelines;

C. Landings, Steps, and Handrails. Each Mobile Home shall have proper landings, steps, and handrails in accordance with the International Residential Code; and

D. Connection to Utilities. Each Mobile Home shall connect to an approved culinary water and sanitary waste systems.

1.19.045 TRASH ENCLOSURES.
A permanent enclosure for temporary storage of garbage, refuse and other waste materials shall be provided for every use, other than single-family dwellings and multiple-family dwellings of less than four (4) units. The enclosure shall be entirely surrounded by screen walls or buildings. Trash enclosures shall comply with the following regulations:

A. Construction: Trash enclosures shall be so constructed that contents are not visible and shall be constructed of solid or ornamental pierced masonry walls with solid concrete floor sloped for drainage and maintenance of sanitary conditions. Enclosures shall be of sufficient height to conceal contents, including containers, but in no case shall any enclosure be less than four (4) feet in height above grade. Gates are required and shall be solid or baffled, equal in height to the enclosure and equipped with latches to ensure closure when not in use.

B. Location: Trash enclosures shall not be located in any required front or side yard.

1.19.050 RESIDENTIAL FACILITIES FOR ELDERLY PERSONS.
Pursuant to Title 10, Chapter 9a, Sections 517, 518, and 519 of the Utah Code Annotated (1953), a Residential Facility for Elderly Persons shall meet the requirements of this Section.  Any approval or permit granted for a building or structure for a Residential Facility for Elderly Persons is non-transferable and terminates if the building or structure (dwelling) is devoted to a use other the a Residential Facility for Elderly Persons or if the building or structure (dwelling) fails to comply with the regulations of this Section.

A. Standards for Residential Facilities for Elderly Persons in a Multi-Family Residential Zone. A Residential Facility for Elderly Persons in a Multi-Family Zone is subject to the following requirements and all other provisions of this Section:

1. Ordinances and Regulations. The Residential Facility for Elderly Persons shall meet all applicable building, safety, zoning, and health ordinances or regulations which apply to similar dwellings.

2. Off-Street Parking. Off-street parking shall provide a minimum of two (2) spaces, plus one-half (1/2) space per occupant.

3. Structural or Landscaping Alterations. Structural or landscaping alterations to an existing building or structure (dwelling) which would change the residential character and appearance of the property are not allowed. New buildings or structures (dwellings) shall be compatible in general appearance and design with dwellings in the surrounding neighborhood.

 4. Alcoholism or Drug Treatment Prohibited.  Persons being treated for alcoholism or drug abuse may not be placed in a Residential Facility for Elderly Persons permitted under this Section.

5. Voluntary Placement. Placement in a Residential Facility for Elderly Persons permitted under this Section shall be on a strictly voluntary basis and shall not be a part of, or in lieu of, confinement, rehabilitation or treatment in a correctional or rehabilitation facility.

6. State Licensing Regulations. Residential Facility for Elderly Persons permitted under this Section shall meet all applicable state licensing regulations and failure to meet these regulations shall be a violation of this Section.

7. Separation Requirement.  A Residential Facility for Elderly Persons may not be located within three-quarters (¾) of a mile from another Residential Facility for Elderly Persons, which distance shall be measured in a straight line from property line to property line.

B. Standards for Residential Facilities for Elderly Persons in a Single-Family Zone. A Residential Facility for Elderly Persons in a Single-Family Zone is subject to the following requirements and all other provisions of this Section.

1. Ordinances and Regulations. The Residential Facility for Elderly Persons shall meet all applicable building, safety, zoning, and health ordinances or regulations which apply to similar dwellings.

2. Off-Street Parking. Off-street parking shall provide a minimum of two (2) spaces, plus one-half (1/2) space per occupant.

3. Structural or Landscaping Alterations. Structural or landscaping alterations to an existing building or structure (dwelling) which would change the residential character and appearance of the property are not allowed. New buildings or structures (dwellings) shall be compatible in general appearance and design with Single-Family Dwellings in the surrounding neighborhood.

4. Alcoholism or Drug Treatment Prohibited.  Persons being treated for alcoholism or drug abuse may not be placed in a Residential Facility for Elderly Persons permitted under this Section.

5. Voluntary Placement. Placement in a Residential Facility for Elderly Persons permitted under this Section shall be on a strictly voluntary basis and shall not be a part of, or in lieu of, confinement, rehabilitation or treatment in a correctional or rehabilitation facility.

6. State Licensing Regulations. Residential Facility for Elderly Persons permitted under this Section shall meet all applicable state licensing regulations, and failure to meet these regulations shall be a violation of this Section.

7. Separation Requirement. A Residential Facility for Elderly Persons may not be located within three-quarters (¾) of a mile from another Residential Facility for Elderly Persons, which distance shall be measured in a straight line from property line to property line.

8. Conditional Use Permit Exception. Pursuant to Utah Code Annotated 10-9a-519 (6) the requirements of this section that a Residential Facility for Elderly Persons obtain a Conditional Use Permit or other permit do not apply if the facility meets the requirements of existing land use ordinances that allow a specified number of unrelated persons to live together.  See definition of ʺSingle-Familyʺ in Chapter 1.03.

1.19.055 RESIDENTAIL FACILITY FOR PERSONS WITH A DISABILITY.

A. Purpose. The purpose of this Section is to comply with Sections 10-9a-516 and 520 of the Utah Code; and avoid discrimination in housing against persons with disabilities as provided in the Utah Fair Housing act and the Federal Fair Housing act as interpreted by courts having jurisdiction in Utah.

B. Permitted Use. Notwithstanding any contrary provision of this Title, a Residential Facility for Persons with a Disability shall be a permitted use in any zone where a similar dwelling is allowed. A Residential Facility for Persons with a Disability that would likely create a fundamental change in the character of the neighborhood may be excluded from a zoning area.

C. Development Standards. A Residential Facility for Persons with a Disability is subject to the following requirements and all other provisions of this Title:

1. Ordinances and Regulations. The Residential Facility for Persons with a Disability shall comply with all building, safety and health regulations which apply to similar structures.

a. Each facility shall be subject to the same development standards applicable to similar structures located in the same zoning district in which the facility is located.

b. The minimum number of parking spaces required for a facility shall be the same as for similar structures located in the same zoning district in which the facility is located.

c. Residential Facilities that are substance abuse facilities and within five hundred (500) feet of a school shall provide:

1. A security plan satisfactory to local law enforcement;

2. Twenty four (24) hour supervision for residents; and

3. Other twenty four (24) hour security measures.

D. Separation Requirement.  No Residential Facility for Persons with a Disability occupied by more than five (5) persons shall be established or maintained within six hundred sixty (660) feet, measured in a straight line to the closest lot or parcel line, of any one of the following facilities:

1. Another Residential Facility for Persons with a Disability licensed for the housing of more than five (5) disabled persons;

2. A Residential Facility for Elderly Persons with more than five (5) elderly persons in residence; or

3. Protective housing facility; transitional housing facility; assisted living facility; or rehabilitation/treatment facility.

E. Operator’s Requirements. Prior to occupancy of any Residential Facility for Persons with a Disability, the person or entity operating the facility shall:

1. Provide to the City a copy of any license or certification required by the Utah State Department of Health or the Utah State Department of Human Services.

F. Reasonable Accommodations.

1. None of the requirements of this Section shall be interpreted to limit any reasonable accommodation necessary to allow the establishment or occupancy of a Residential Facility for Persons with a Disability.

2. Any person or entity wanting a reasonable accommodation shall make application therefore to the Zoning Administrator or designee and shall articulate in writing the nature of the requested accommodation and the basis for the request.

3. The Zoning Administrator, or designee, shall render a written decision on each application for a reasonable accommodation within thirty (30) days. The decision shall be based on evidence of record demonstrating:

a. The requested accommodation shall not undermine the legitimate purposes of existing zoning regulations notwithstanding the benefit that the accommodation would provide to a person with a disability;

b. That, but for the accommodation, one (1) or more persons with a disability likely will be denied an equal opportunity to enjoy housing of their choice; and

c. That equal results will be achieved as between the person with a disability requesting the accommodation and a nondisabled person.

d. If a reasonable accommodation request is denied, the decision may be appealed to the Appeal Authority within thirty (30) days of the decision denying the request in the manner provided for appeals of administrative decisions set forth in this Title.

G. Termination. A use permitted by this Section is nontransferable and shall terminate if:

1. The facility is devoted to a use other than a residential facility for persons with a disability; or

2. Any license or certification issued by the Utah Department of Health or the Department of Human Services for such facility terminates or is revoked; or

3. The facility fails to comply with the requirements set forth in this Title.

1.19.060 RESIDENTAIL ARCHITECTURAL STANDARDS.
All Single-Family Dwellings, Multi-Family Dwellings, and Manufactured or Modular Homes, excepting Manufactured Homes or Modular Homes placed in a Mobile Home Park, shall comply with the following architectural standards:

A. Minimum Width. Have a minimum width of twenty five (25) feet width along any street frontage.

B. Exterior Covering Materials. Have an exterior covering material customarily used on dwellings. Exterior siding and trim materials shall consist of durable, weather resilient materials approved for dwelling construction in the building codes such as masonry, stucco, wood, composition, vinyl, steel or aluminum residential sidings; and

C. Roof Pitch and Overhangs. Have a roof with a pitch of not less than four (4) inches of vertical rise for each twelve (12) inches of horizontal run.  In addition the roof shall have a minimum eave overhang of not less than eight (8) inches to provide for run off and four (4) inch overhang where the roofline is not parallel to the base of the unit. (The eight (8) inches may include the rain gutter).

1.19.065 KEEPING CHICKENS FOR THE PURPOSE OF FAMILY FOOD PRODUCTION.

 A. Purpose. This section shall provide residents of the City the opportunity to maintain up to twelve (12) hen chickens as pets and for the purpose of producing eggs, subject to the described regulations.

B. General Conditions. In all R1-6, R1-8, R1-10, R1-12, RM-8, RM-16, residential zones in Tremonton City, and only for those single-family residential uses in the commercial zones, up to and not exceeding more than twelve (12) hen chickens for egg production as family food.

C. Prohibited Uses.

1. No roosters shall be allowed in the R1-6, R1-8, R1-10, R1-12, RM-8, RM-16, or any commercial zone. If chickens are purchased as chicks and any are determined at a later date to be roosters, they shall be removed immediately upon determination of gender;

2. Fighting chickens are not allowed;

D. Standards for Containment. Hens shall be securely fenced and confined to the property of the owner with the use of coops and yards, and not allowed to run at large.

1. Enclosures and coops shall be located in the rear yard and at least twenty (20) feet from neighboring dwellings, kept clean and with no odors emanating across property lines; and

E. Standards for Maintenance.

1. Removal of Dead Birds. The owner of any fowl that dies within City limits shall remove the carcass of such animal from City limits within ten (10) hours after its death.

2. No coop cleanings shall be stockpiled within twenty (20) feet of a dwelling or any property line unless stored in a closed bin covered to prevent pest and insect infestation or kept in a properly maintained compost pile.

3. No coop shall be kept in an unsanitary or improperly ventilated condition by any coop owner, lessee or occupant of a property.

4. Diseased or sick birds shall be handled in such a manner as to not infect other members of the coop.

F. Application. Any person intending to keep hen chickens shall complete an application to do so. The application form shall be provided by the Zoning Administrator or designee and shall include at a minimum:

1. Name and address of property owner and other contact information;

2. Address of subject property;

3. Name and contact information of occupant or renter if not the property owner;

4. If the applicant is not the owner of the property on which the request for keeping chickens is located, a letter from the owner, signed and notarized agreeing to the use is required.

5. The application to keep chickens shall not be transferrable; all subsequent owners of property shall complete a new application.

G. Enforcement. In the event that violations of this section occur, the complainant shall contact the Animal Control Officer and shall file a complaint outlining the nature of the violation(s) and the time(s) that the violations(s) occurred. The Owner  shall be subject to a penalty in accordance with Chapter 1.01 Section 1.01.040, Penalty for Violating Title, for a violation of this Section.

ORD 05/97
REV 02/03
REV 04/08
REV 06/13
REV 05/14
REV 08/14