Building Permit Information and Key Zoning Rules

This page contains information regarding zoning regulations and construction requirements for building permits, solar energy systems, and temporary dwellings.

Like all Towns, Castle Valley has a basic Zoning Ordinance plus other ordinances to control land uses in the Valley. The current General Plan describes our Land Use Goal as follows:

• To remain a peaceful, quiet rural residential/agricultural community characterized by scenic views, a sense of open space, clean water and air, and the ability to enjoy landscape and sky.
• Enable residents to work at home and grow food locally while protecting our aquifer and the character, scale, and residential/rural atmosphere of the Town.

The Town does not have and does not intend to have Commercial or Industrial zoning.

Building Permits
Grand County Building Permits are required for construction of any dwelling and for any accessory building, with the exception of farm buildings without electricity or plumbing. The Town of Castle Valley is responsible for zoning approval on building permit applications within Town boundaries. Building Permits must be approved and signed by:

• Castle Valley Building Permit Agent (Phone: (435) 259-9828)
• Grand County Building Inspector (Phone: (435) 259-1343) Click here for Grand County Building Dept. web page.
• Legal Property Owner and, if relevant, Building Contractor

Before designing your building and drawing up plans click here for more information about Building Permits.

Click here for Building Permit Fees.

Permit applications, plans, and supporting documents for nonconforming, noncomplying, or any other nonroutine building must be submitted to the Planning and Land Use Commission Clerk by the Monday of the week preceding the Planning Commission Meeting at which the permit will be reviewed.??In addition, the Septic System must be approved by the Grand County Sanitarian (Phone: (435) 259-5602). Click here for important information about installing septic systems and the process for Castle Valley zoning approval after your system has been designed and approved by the Sanitarian but before any work is done on your septic system. ??A FEW KEY ZONING RULES TO REMEMBER:

•   Only one single family dwelling is allowed per lot. As part of the Building Permit Process, applicants must sign an Acknowledgment of this requirement.

•   Guest Houses, apartments, duplexes, or other construction creating more than one dwelling per platted lot are not permitted, and temporary second dwellings are closely restricted (see below for information on Temporary Dwellings).

•   Camping on a lot requires a sanitary sewage and wastewater disposal system.  See section 4.6 of our Watershed Protection Ordinance and information on Temporary Dwellings below.

•   A dwelling is any building or portion of a building that is used and occupied as a residence or that includes all of the following: facilities for living/sleeping, food preparation, bathing,and sanitation as defined in our Zoning Ordinance.

•   An accessory building may contain one full bathroom or one kitchen as defined in our Zoning Ordinance, but not both.

•   Only one kitchen is allowed  per platted lot. Additional kitchens may be allowed in a separate building through an approved conditional use permit.

•   Short-term rentals for a period of less than twenty-five (25) days are prohibited. Applicants for a Building Permit must sign an Acknowledgment of this requirement.

•   Bed & Breakfasts are prohibited.

•   The Town has Ordinances regarding outdoor lighting and fencing.

•   Certain home or premises occupations (home based businesses) may be allowed with the approval of a conditional use permit according to sections 4.7 & 4.8 of our Zoning Ordinance. See also Approval Process and Frequently Asked Questions and the Conditional Uses Page under the Administration Tab regarding the various types of Conditional Use Permits.   The following uses are prohibited for Home and Premises Occupations: On-site motor vehicle, trailer or boat repair shops; auto body and/or fender repair shops; manufacture of, assembly of, or on-site repair shops for heavy equipment, major appliances, or engines; junkyards; and mortuaries or crematoriums.

•   One stand is allowed for the display and sale of agricultural products raised on the premises.  If customers are coming on to the premises for any other reason, then a Conditional Use Permit is required. 

•   Livestock feedlots, fur farms, animal hospitals, kennels, animal byproducts rendering plants, and migratory beekeeping operations of any size, either permanent or temporary, are prohibited.      

•   There is a limit on the number of livestock allowed per platted lot.  Please see section 4.9 of our Zoning Ordinance and the Livestock Limit Information Sheet.    

•   Buildings used for agricultural purposes must obtain a Certificate of Land Use Compliance from the Town of Castle Valley Building Permit Agent before they can be constructed or moved into the Town. 

•   The plat of the Castle Valley River Ranchos Subdivision was approved by Grand County before the Town of Castle Valley was incorporated. During the platting process, there was no geologic evaluation of hazards associated with rock falls, flooding, soil problems, suitability, subsidence or similar geologic hazards. Building permit applicants are strongly advised to independently evaluate geologic hazards on the individual lot on which they propose to build. See Geologic Hazard Maps for initial guidance. The Building Permit process requires the signing of a Release Form that disclaims any Town liability for geologic hazards on any lot.

•   No changes shall be made to any wash, drainage or waterway that affects the exit point of surface water from your property; nor shall the concentration of discharge at that point be changed. A Drainage Reviewby the Roads Manager is required as part of the Building Permit.

•   Driveway culverts must be sized and approved by the Roads Department Manager.  Please read our Driveway Culvert Ordinance.

•   All road easement encroachments, such as the installation of power lines, water lines, driveways, etc., must receive written approval  from the Town prior to any work being done within a Town road easement. Submit the Application of Right-of-Way Encroachment Permit to the Roads Manager.

The Zoning Ordinance specifies the following:

Setbacks:

•   For all buildings, solar panel arrays and other alternative energy structures, water wells and septic systems, fifty (50) feet from the platted public road easement lines.

•   For all buildings, solar panel arrays and other alternative energy structures, thirty (30) feet from the property lines between contiguous lots. For water wells and septic systems, fifty (50) feet from the property lines between contiguous lots.

•   Barns, corrals, pens, coops, and sheds for the keeping of livestock shall be located at least 70 feet from property lines between contiguous lots and at least 100 feet from any existing dwelling on a neighboring lot or parcel.

Building area and height limits (see building square footage and height calculation worksheet and examples) 

•   The combined square footage of all buildings located on a lot shall not exceed 7,000 square feet.

•   No building or addition to an existing building shall exceed twenty-five (25) feet in building height.

•   No more than 5,000 square feet of combined square footage on a lot shall exceed building height of nineteen (19) feet tall.  

•   Except for new additions to existing buildings, the highest point of the structure determines building height for all of the combined square footage of that building. 

•   The highest point of a new addition to an existing building determines the building height for all of the combined square footage of that addition.

•   Up to two accessory buildings on a lot may be excluded from the calculation of the total combined square footage on a lot if the excluded building or buildings are each no more than 120 square feet in area and no more than twelve (12) feet in building height, when measured from finished grade.

•   Applicants who wish to build an addition to a building that is non-complying because of building height and that was constructed or received final approval for construction prior to May 13, 2008, may make one addition that exceeds 25 feet in height to that building, provided that the one addition: does not exceed the building's existing maximum height; does not exceed a maximum height of thirty (30) feet; does not exceed 500 square feet; and does not increase the combined square footage of the building affected by the addition to more than 5,000 square feet. 

•   "Combined square footage" for each building is determined by adding together the floor area of each story of the building plus the area which is directly below exterior roofs as measured from the exterior wall of a building to the roof's edge (see Illustration B). The floor area of each story of a building is measured from exterior wall to exterior wall and includes all spaces within that area such as, but not limited to, unfinished spaces, stairwells, closets, and other non-habitable space that have a ceiling height of five (5) feet or more. A basement's floor area should also be added when determining the combined square footage of any building if the ceiling area of 50% or more of the entire basement is three feet or more above finished grade (seeIllustrations A1 and A2).  Also, a basement's square footage may only be excluded from the combined square footage calculations if it is partially or completely below Finished Grade (as described above), provided that Finished Grade is no more than three (3) feet above Existing Grade.

•   Building height is measured as the vertical distance between a horizontal line extending from the highest point of any roof, wall, or parapet (not including chimneys or vents) and the lower of either 1) the lowest point where the vertical face (or a vertical line extending directly below the vertical face) around the perimeter of the building intersects the Existing Grade or 2) the lowest point where the vertical face (or a vertical line extending directly below the vertical face) around the perimeter of the building intersects the Finished Grade.  Building Height does not include chimneys or vents (see Illustrations C1 and C2).

•   For sites which have never been disturbed, existing grade is the same as the natural grade which is the elevation of the surface of the ground that existed before any earth was moved.  For sites that have existing structures or older disturbances to the land, existing grade is the ground level established when the existing structure or disturbance was created.  Recent earthwork will not necessarily qualify as existing grade and will require a determination from the Building Permit Agent. A Grade Review may be required to determine existin;g grade prior to any excavation, cuts, fills, grading, etc., to prepare for any permanent or temporary pad, foundation, or structure, septic system and associated plumbing, or driveway as described in our Zoning Ordinance.

•   The vertical face of the structure includes, but is not limited to walls, foundations, footings, piers, or columns that support a wall.  Piers, columns or posts that support a part of the structure that is not enclosed, such as decks or porches, shall not be considered part of the vertical face of the structure when determining height.  Please be aware that enclosing an open area at a later date may change the height measurement for that structure and may not be allowed if it brings the structure out of compliance with height and square footage limits.

•   For structures for which no part is enclosed, such as carports, height shall be measured from the highest point of the structure to the lowest point in the Finished Grade directly below the structure.

•   A window well that is entirely within five feet of an exterior wall of the structure or the stair to a basement that is entirely within eight feet of an exterior wall of the structure shall not be considered in determining the finished grade (see Illustration D and E).

•   Up to two accessory buildings on a lot may be excluded from the calculation of the total combined square footage on a lot if the excluded building or buildings are each no more than 120 square feet in area and no more than twelve (12) feet in building height, when measured from finished grade.

•   Applicants who wish to build an addition to a non-complying building that was constructed or received final approval for construction prior to May 13, 2008, and is taller than 25 feet may make one addition to that building at a height that is more than 25 feet tall but not more than 30 feet tall. Such an addition shall not exceed 500 square feet. No such addition, however, shall be allowed which would increase the combined square footage of the building affected by the addition to more than 4000 square feet.

Solar Energy Systems (SES) - Click here for SES Information Sheet  

•   SES Permit applicants will be asked to explain how the height, location, setback or base elevation minimizes potential glare and visual impacts on adjacent properties. Applicants should consider the visual impacts on neighbors when planning location and choose a site that is least impactful without compromising its effectiveness. Ancillary equipment should be located inside a building or screened from view.

•   A routine ground-mounted SES shall not exceed 12 feet. A nonroutine ground-mounted SES shall not exceed 19 feet.

•   For a roof-mounted SES: the vertical distance between the highest point of any panel or module (at its maximum design tilt) to the roof directly below, shall not exceed 1 foot, unless roof pitch is 3:12 or less, in such case up to 2 feet is permitted. No portion of a solar energy system shall project above the maximum allowed building height of 25 feet.

•   The total combined kilowatts of all routine SES’s shall not exceed 10 kilowatts. The total combined kilowatts of all nonroutine SES’s shall not exceed 25 kilowatts per platted lot.

•   Applicants may apply for a SES that exceeds 12 feet in height or 10 kW in size through a nonroutine SES application.  The Planning and Land Use Commission will ask applicants to demonstrate that a taller or larger kW system is needed and may require additional screening, placement, design layouts, as well as specific placement requirements and sizing to ensure public health, safety and welfare and protection of the Town’s utility infrastructure.

•   For a nonroutine ground-mounted SES, the total combined square footage of all ground-mounted or pole-mounted photovoltaic panels or modules shall not exceed 1500 square feet.

Temporary Dwellings

Our Zoning Ordinance describes in detail several possibilities for temporary dwellings:

1) Temporary Dwellings: During construction, property owners may seek a permit for a temporary dwelling while their permanent dwelling is under construction. This dwelling must be decommissioned no later than 30 days after the occupancy of a permanent dwelling on the lot.  

2) A temporary dwelling permit must also be obtained for a mobile unit before human habitation as a temporary dwelling (for any length of time, i.e. intermittent occupancy or permanent residency) on a lot may occur.  The unit must be self-contained or attached to a septic system approved by the State Sanitarian.  Mobile units are defined as those units designed and permitted by its manufacture as a temporary dwelling for travel, recreational, and vacation use, including recreational vehicles such as: travel trailers, park trailers, camp trailers, motor homes, truck campers and vans.  An unoccupied RV may be stored on a lot without a permit.

If a temporary dwelling has not been replaced with a permanent one, removed, or changed to a stored RV two (2) years from the date of the issuance of the temporary dwelling permit, the property owner may apply for a renewal of the temporary dwelling permit.  Renewals are for two (2) year periods. 

Camping on a lot or living in a temporary dwelling that does not require a permit (such as yurts, teepees or tents) still requires a sanitary sewage and wastewater disposal system that is either self contained or attached to a septic system and approved by the State Sanitarian.  See section 4.6 of our Watershed Protection Ordinance. 

Please read the details in sections 4.12, 4.13, and 4.14 of the  Zoning Ordinance and click here for the Temporary Dwelling Permit form. 

3) Temporary Accessory Dwellings for Medical Purposes (TAD): Property owners may seek a permit for a temporary dwelling for family members who have been certified as incapable of caring for them selves.  Such a dwelling can also be used for caregivers of such family members. TAD permits are valid for two (2) years and must be renewed on a bi-annual basis. Please read section 4.11 of the Zoning Ordinance and contact the Permit Agent for more information.