The lot design standards of this article include maximum density and certain restrictions for residential and nonresidential development within the county. The standards generally allow for variety in housing and building types while maintaining the overall character of neighborhoods and commercial areas of the county. The approach to lot development standards has several public benefits:
A. 
It allows for development that is more sensitive to the environment and allows for the preservation of open and natural areas.
B. 
It promotes better site layout and energy efficient development.
C. 
It promotes affordable and life-cycle housing.
D. 
It promotes development intensities that match existing and proposed infrastructure investments.
A. 
Every building erected or moved and every plat submitted after the adoption of this article must be on a lot or building parcel that meets the minimum requirements of at least one lot permitted under this article, based on underlying zoning and subdivision type.
B. 
Every building erected or moved and every lot shown on plat submitted after the effective date of this article must be on a lot or parcel with direct access on one of the following:
1. 
A public street;
2. 
An approved private street; or
3. 
A public or private street via a public or private alley.
C. 
All structures must be so located on lots or parcels as to provide safe and convenient access for servicing, fire protection, and the required on-site parking.
D. 
No Building Permit, Zoning Development Permit or other development approval may be issued for a lot that does not meet the minimum lot area requirements of this LUC except as specified above and in the following cases:
1. 
Nonconforming lots may be used in accordance with the provisions set forth in Section 1.10.8, Nonconforming lots.
2. 
Telecommunications and utilities using land or an unoccupied building covering less than 1,000 square feet of site area shall be exempt from minimum lot area standards.
E. 
The uses and density listed in this article are allowed by right unless otherwise expressly stated. Each project must comply with all of the applicable development standards of this article, all development standards of the base Zoning District and any Overlay District, if applicable, and any other applicable specific use standard(s) of this LUC.
F. 
Remaining land not devoted to lots or public or private rights-of-way shall be dedicated as open space or common area in accordance with the requirements of Section 5.4.3A, Open Space and Common Area.
A. 
Definitions. The following housing types are established to provide a common terminology for housing. All drawings are for illustrative purposes only.
Single Family Detached A detached dwelling unit located on a single lot with private yards on all four sides
Zero Lot Line House A detached dwelling unit located on a single lot with private yards on three sides. The unit has a single side yard on one side comprising the equivalent of two side yards of a single-family detached house.
Alley-Loaded House A detached dwelling unit located on a single lot with private yards on all four sides: however, the house is set closer to the street than a single-family detached house.
Two-Family (Duplex) House Two attached dwelling units in a single structure on a single lot (often called a duplex). The two units can be located on separate floors or side-by-side.
Townhouse Two or more attached dwelling units located on separately owned lots or on a single lot where the units are lined up in a row and share side walls, individual units can be mixed vertically.
Multi-family Dwelling Three or more attached dwelling units in a single structure on a single lot. An apartment can vary in height from two to three stories; individual units can be mixed vertically.
Upper-Story Residential A dwelling unit located on a floor above a nonresidential use.
B. 
Use-Specific Standards for the Respective Housing Types. The respective housing types shall comply with the applicable requirements of Section 3.2.1, Residential Use Standards, which are summarized as follows:
Use-specific Standards by Housing Type
Housing Type
Use-specific Standards
Single-family Detached
None
Alley-loaded Houses
Section 3.2.1A
Multifamily Dwellings
Section 3.2.1C
Two-family (Duplex) Dwellings
Section 3.2.1D
Townhouses
Section 3.2.1G
Manufactured Homes
Section 3.2.1H
Upper-story Residential
Section 3.2.1J
Zero Lot Line Houses
Section 3.2.1K
This article is divided into the following parts:
PART I. RESIDENTIAL DISTRICTS. This Part sets forth the standards for all types of residential subdivisions in all residential districts.
Section 5.4.1 to 5.4.2
PART II. NONRESIDENTIAL DISTRICTS. This Part sets forth the standards for development in nonresidential districts.
Section 5.5.1 to 5.5.3
Development projects may include a mix of housing types as set forth in Section 3.1, Use Table.
A. 
Residential Density and Dimensional Standards. Residential development shall be subject to the maximum density and dimensional standards of the underlying base zoning district in accordance with the following table:
Residential Zoning Districts
Development Standard
MFR
SLR
LLR
RR
RG
Max. Density (units/acre)
8
5
2
1
0.20
Min. Lot Size (acres)
0.125
0.20
0.50
1
5
Min. Front Yard and Street Side Yard
10’
20’
25’
25’
25’
Min. Interior Side Yard* **
10’
10’
10’
15’
15’
Min. Rear Yard**
10’
10’
20’
20’
20’
Min Lot Width*
80’
50’
100’
130’
130’
Bldg. Coverage Max.
55%
45%
25%
25%
25%
Max. Height Principal Structure
28’
28’
35’
35’
35’
Max. Height Accessory Structure
28’
28’
35’
35’
35’
Notes:
*Side setback and min. lot width does not apply to townhome and multifamily shared walls.
**Buildings proposed to be over 28 feet shall follow the increased setbacks standards in this section.
B. 
Increased Setbacks Applied to Lots With Buildings Over 28 Feet.
1. 
If a building exceeds 28 feet in height, the rear and side yard setbacks shall be measured at a length equal to the overall height of the building.
C. 
Project Boundary Buffer.
1. 
Project boundary buffers are intended to provide a suitable transition between large subdivisions which propose a density that is greater than the adjacent existing neighborhood or zoning district. Buffers are required along all sides of proposed subdivisions which are five lots or more, that share a boundary with an existing neighborhood or zone with less density, excluding arterial or collector streets. The project boundary buffer on each edge of the subdivision shall be 20 feet.
2. 
Buffer width shall be measured perpendicular to the property lines that define the project area.
D. 
Mix of Housing Types. Development projects may include a mix of housing types as set forth in Section 3.1, Use Table, so long as the development complies with the maximum density requirement of the underlying base district (see subsection A of this section). Two-family, townhouse, multifamily residential units may comprise no more than 50 percent of the total dwelling units of any proposed conventional residential subdivision. In no case shall the district density be exceeded for the overall site.
E. 
Constrained Lands.
1. 
Maximum allowable density for constrained lands (or portion of property which constitutes constrained lands) as described in this subsection (below) in all subdivision types shall be reduced by a minimum of 50 percent (see also Section 5.6, Measurements, Computations, and Exceptions).
2. 
Constrained lands include lands with natural slopes greater than 30 percent, jurisdictional wetlands, lands in the 100-year floodplain, public drinking water supply water sources (recharge areas for the aquifer in the Glen Canyon Formation), lands affected by unmitigable geohazards, and riparian habitats and archeological sites.
3. 
Constrained lands in all developments and subdivisions shall be identified on plats and remain unoccupied by buildings or impervious surfaces, unless the applicant demonstrates to the County Commission that this provision would constitute an unusual hardship and is counter to the purposes of this LUC. In cases where a hardship is granted not more than 10 percent of any constrained land area shall be occupied by such surfaces.
F. 
Land Suitability. The County shall not approve the subdivision of land if, from adequate investigations conducted by all public agencies concerned, it has been determined that, in the best interest of the public, the site is not suitable for platting and development purposes of the kind proposed. Land deemed to be environmentally unsuitable shall not be platted for residential occupancy, or for such other uses as may increase danger to health, life, or property, or aggravate erosion or flood hazard. Such land within the plat shall be restricted for such uses as shall not be endangered by periodic or occasional inundation or shall not produce unsatisfactory living conditions.
(Ord. 615, 2020; Ord. 685, 2023)
The following lot design standards shall apply to all buildings and their lots in nonresidential districts. These standards shall also apply to mixed use buildings that combine nonresidential and residential uses.
Nonresidential Zoning Districts
Development Standard
*NC
*GB
RC
RS
HC
LI
HI
Min. Front Yard and Street Side Yard (ft.)
n/a
n/a
0
50
20
n/a
n/a
Min. Interior Side Yard (ft.)**
n/a
n/a
10
25
10
n/a
n/a
Min. Rear Yard (ft.)**
n/a
n/a
10
25
20
n/a
n/a
Min. Lot Width (ft.)
n/a
n/a
80
150
80
n/a
n/a
Max. Ht. Principal Structure (ft.)
35
35
24
24
35
n/a
n/a
Notes:
*NC, GB, LI, and HI allow for mixed use, upper story residential only (see Section 5.5.1).
**A project boundary buffer applies for development in nonresidential zoning districts that share a boundary with a protected zone district.
(Ord. 685, 2023)
Development projects in nonresidential districts may include a mix of housing types as set forth in Section 3.1, Use Table, so long as the development complies with the maximum density requirement of the underlying base district (see Section 5.5.2B) and lot design standards of the underlying base district (see Section 5.5.3).
A. 
Housing Types Permitted by District. Housing types permitted by district are as specified in Section 3.1, Use Table.
B. 
Maximum Residential Density in Nonresidential District. Maximum allowed density in the respective nonresidential districts shall be as follows:
Maximum Density by District
Zoning Districts
Maximum Density
HC, Highway Commercial
18
GB, General Business
5
NC, Neighborhood Commercial
5
LI, Light industrial
5
RC, Resort Commercial
5
HI, Heavy industrial
1
RS, Resort Special
.20
C. 
Constrained Lands.
1. 
In all residential development the maximum allowable density for constrained lands (or portion of property which constitutes constrained lands) as described in this subsection (below) shall be reduced by a minimum of 50 percent (see also Section 5.6, Measurements, Computations, and Exceptions).
2. 
Constrained lands include lands with natural slopes greater than 30 percent, jurisdictional wetlands, lands in the 100-year floodplain, public drinking water supply water sources (recharge areas for the aquifer in the Glen Canyon Formation), lands affected by unmitigable geohazards, and riparian habitats and archeological sites.
3. 
Constrained lands in all developments and subdivisions shall be identified on site plans or plats and remain unoccupied by buildings or impervious surfaces, unless the applicant demonstrates to the County Commission that this provision would constitute an unusual hardship and is counter to the purposes of this LUC. In cases where a hardship is granted not more than 10 percent of any constrained land area shall be occupied by such surfaces.
D. 
Land Suitability. The County shall not approve the subdivision or development of land if, from adequate investigations conducted by all public agencies concerned, it has been determined that, in the best interest of the public, the site is not suitable for platting and development purposes of the kind proposed. Land deemed to be environmentally unsuitable shall not be platted or developed for residential occupancy, or for such other uses as may increase danger to health, life, or property, or aggravate erosion or flood hazard. Such land within the plat or site plan shall be restricted for such uses as shall not be endangered by periodic or occasional inundation or shall not produce unsatisfactory living conditions.
(Ord. 685, 2023)
Maximum residential density in a nonresidential district is subject to the requirements of the underlying zoning district (in accordance with Section 5.5.2B). Residential development in nonresidential districts shall be subject to the dimensional standards provided in the following table:
Nonresidential Zoning Districts
Development Standard
*NC
*GB
RC
RS
HC
LI
HI
Min. Front Yard and Street Side Yard (ft.)
n/a
n/a
0
50
20
n/a
n/a
Min. Interior Side Yard (ft.)**
n/a
n/a
10
25
10
n/a
n/a
Min. Rear Yard (ft.)**
n/a
n/a
10
25
20
n/a
n/a
Min. Lot Width (ft.)
n/a
n/a
80
150
80
n/a
n/a
Max. Ht. Principal Structure (ft.)
35
35
24
24
35
n/a
n/a
Notes:
*NC, GB, LI, and HI allow for mixed use, upper story residential only (see Section 5.5.1).
**A project boundary buffer applies for development in nonresidential zoning districts that share a boundary with a protected zone district.
(Ord. 685, 2023)
A. 
Project boundary buffers are intended to provide a suitable transition between the proposed development in a nonresidential zoning district and adjacent residential zones. Buffers are required along all sides of the proposed development that share a boundary with a protected zone district pursuant to Section 6.10.1A, excluding arterial or collector streets. For projects providing 20 percent or more affordable housing units as defined by Section 6.14, the project boundary buffer on each edge shall be 20 feet. For all other projects, the project boundary buffer on each edge shall be 20 feet or the proposed building height, whichever is greater.
B. 
Buffer width shall be measured perpendicular to the property lines that define the project area.
(Ord. 559, 2017; Ord. 685, 2023)
Gross density means the number of dwelling units for each acre of land and which is calculated by dividing the total number of dwelling units in a development by the total acreage of the lots on which the development is located.
A. 
Upper-Story Residential Exemptions. The maximum gross density provisions of the LUC shall not be interpreted as requiring land area for upper-story residential units in nonresidential structures. Such units are exempt from the maximum gross density calculation.
Lot area refers to the amount of horizontal land area within lot lines. No building permit or development approval shall be issued for a lot that does not meet the minimum lot size requirements of this LUC, with the following exceptions:
A. 
Lot Area Reduction for Public Purpose. When an existing lot is reduced as a result of conveyance to a federal, state or local government for a public purpose and the remaining area is at least three-quarters of the required minimum lot size for the district in which it is located, the remaining lot shall be deemed to be in compliance with the minimum lot size standards of this LUC.
B. 
Utility Facilities. Utility facilities using land or an unoccupied building requiring less than 1,000 square feet of site area are exempt from the minimum lot size requirements of all districts.
Setback refers to the unobstructed, unoccupied open space between a structure and the property line of the lot on which the structure is located. Setbacks shall be unobstructed from the ground to the sky and measured as the horizontal distance between a property line and the furthermost projection of the structure, except as provided otherwise in this LUC.
A. 
Front Yard Setback.
1. 
Corner lots. For lots with frontage on 2 intersecting streets, such a lot shall be considered to have 2 front lot lines and shall comply with front yard setbacks from each front lot line.
2. 
Double Frontage Lots. Where lots have double frontage, running through from one street to another, a required front yard shall be provided on both streets.
3. 
Setback Averaging. If the existing front setbacks of lots within the same zoning district and fronting on the same side of the street are less than the required front setback of the underlying zoning district, applicants shall be allowed to use the “average” front setback on the block. In such cases, the “average setback” shall represent the mean (average) setback of all lots on the same side of the street within 150 feet of the subject lot, provided that lots that are not developed with the same type of use that is proposed on the subject property shall not be included in the calculation. When one (1) or more of the lots on the block are vacant the normally required setback for the vacant lot shall be used in calculating the average setback. This provision shall not be interpreted as requiring a greater front setback than imposed by the underlying zone district. Responsibility for demonstrating eligibility for an “average setback” pursuant to this subsection shall be the sole responsibility of the applicant.
4. 
Mandatory Build-to Line. Build-to line refers to the percent of the primary building façade required to be built within 5 feet of the otherwise applicable front or street yard setback along the primary street(s) adjacent to the lot.
B. 
Garage Setbacks.
1. 
Garages, carports, and similar vehicle storage facilities entered from a front or side street and facing thereto shall be set back a minimum of 5 feet further from the street than the principal structure, whichever is more; provided however that this requirement shall not apply to lots on cul-de-sacs.
2. 
Garages, carports, and similar vehicle storage facilities entered and accessed from an alley may be reduced to 5 feet.
C. 
Nonresidential Buildings. No rear yard shall be required for nonresidential buildings if an alley is located adjacent to the rear lot line.
A. 
Measurement.
1. 
Lot width shall be the distance between the 2 side lot lines measured 30 feet back from the front lot line.
2. 
Average lot width shall be the average lot width of all lots in a given filing or shown on any plat.
B. 
Cul-De-Sacs. Notwithstanding any other provisions of this LUC, lots fronting on a cul-de-sac shall have a minimum front street line of 30 feet and a minimum lot width of 40 feet.
A. 
Measurement.
1. 
Buildings. Building height shall be determined by measuring the vertical distance between the lowest point where the wall face of the building intersects finished grade around the perimeter of the building (or structure other than fences, and telecommunications and microwave towers and antennas) and the highest point on the building.
2. 
Telecommunications and Microwave Towers and Antennas. Height of telecommunications and microwave towers and antennas shall be determined by measuring the vertical distance from the lowest point of intersection with the natural grade to the highest point of the tower, including all antennas, other attachments, or structures, when towers are mounted upon other structures.
3. 
Accessory Uses. Maximum height of accessory structures shall not exceed 24 feet.
4. 
Fences and Walls. Height of fences or walls shall be measured as the vertical distance between finished grade on the highest side of the fence or wall to the top of the fence or wall.
5. 
Permitted Exceptions.
a. 
The following structures and features may exceed the otherwise allowable maximum height by up to 25 percent:
(1) 
Chimneys, smokestacks or flues;
(2) 
Cooling towers and ventilators;
(3) 
Elevator bulkheads and stairway enclosures;
(4) 
Tanks and water towers;
(5) 
Utility poles and support structures;
(6) 
Belfries, spires and church steeples; and
(7) 
Monuments and flag poles.
b. 
Finished grades associated with underground garages and ramps accessing underground garages shall not be considered as part of height measurement and calculation.
B. 
Building Coverage.
1. 
Measurement. The maximum area of the lot that is permitted to be covered by buildings, including both principal structures and accessory buildings.
2. 
Permitted Exceptions. Building coverage does not include paved areas such as driveways, uncovered porches or patios, decks, open swimming pools, or roof overhangs of less than 2 feet.
C. 
Gross Floor Area.
1. 
Gross floor area shall be determined by the sum of the areas of the floors of a building or structure, including areas used for human occupancy or required for the conduct of the business or use, as measured from the exterior faces of the walls. Gross floor area shall not include basements, unenclosed porches, or attics when not used for human occupancy, nor any floor space in an accessory building, carport, or the main building intended or designed for the parking of motor vehicles in order to meet the County parking requirements, arcades, porticoes, and similar open areas which are located at or near street level, which are accessible to the general public, and which are not designed or used as occupancy, sales, display, storage, service, or production areas.
2. 
Basement shall be that portion of a building which is wholly or partly below grade, the ceiling of which is less than four feet above grade.
Slope shall be determined on an individual development basis before any site clearing, excavation, or grading for the purpose of calculating constrained lands.
A. 
Measurement.
1. 
Scale. Contour maps and slope calculations shall be prepared and certified by a licensed professional engineer or surveyor showing contours at intervals no greater than 5 feet, drawn at a scale of one inch equals two hundred feet maximum.
2. 
Calculation. Slopes shall be calculated in horizontal intervals no greater than 50 feet. Small islands, outcrops, and peninsulas having slopes distinctly different from surrounding property may be excluded from slope determination if, in the opinion of the Planning Commission, the exclusion of such areas will not be contrary to the overall purposes of steep slope protection.
B. 
Verification. Field surveys may be required of the applicant by the county engineer to verify the accuracy of the contour lines shown on the contour map.