CHAPTER 1. GENERAL PROVISIONS

 

1.1 SHORT TITLE

This ordinance shall be known as the “Uniform Zoning Ordinance of Escalante City, Utah”, and may be so cited and pleaded.

 

1.2 PURPOSE

This ordinance is designed and enacted for the purpose of promoting the health, safety, morals, convenience, order, prosperity and welfare of the present and future inhabitants of Escalante City, Utah including among other things, the lessening of congestion in the streets, or roads, securing safety from fire and other dangers, providing adequate light and air, classification of land uses and distribution of land development and utilization, protection of the tax base, securing economy in governmental expenditures, fostering the rural atmosphere and other industries, and the protection of urban development.

 

1.3 INTERPRETATION

In interpreting and applying the provision of this Ordinance, the requirements contained herein are declared to be the minimum requirements for the purposes set forth.

 

1.4 CONFLICT

This Ordinance shall not nullify the more restrictive provision of covenants, agreements, or other ordinances or laws, but shall prevail notwithstanding such provisions which are less restrictive.

 

1.5 DEFINITIONS

Unless the context requires otherwise, the following definitions shall be used in the interpretation and construction of this Ordinance. Words used in the present tense include the future. The singular number shall include the plural, and the plural the singular. The word “building” shall include “structure”. The words “used” or “occupied” shall include arranged, designed, constructed, altered, converted, rented, leased, or intended to be used or occupied. The word “shall” is mandatory and not directory, and the word “may” is permissive. The word “person” includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual. The work “lot” includes the word plot, or parcel. Words used in this Ordinance but not defined herein shall have the meaning as defined in any other ordinance adopted by the local jurisdiction.

 

1. Accessory Use or Building. A use or building on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or building.

2. Agriculture. The tilling of the soil, the raising of crops, horticulture and gardening, commercial greenhouses, breeding, grazing and keeping or raising of domestic animals and fowl, except household pets, and not including any agricultural industry or business, such as fruit packaging plants, fur farms, animal hospitals, or similar uses.

3. Agricultural Industry or Business. An industry or business involving agricultural products in manufacturing, packaging, treatment, sales, intensive feeding, or storage, including but not limited to animal feed yards, fur farms, food packaging or processing plants, commercial poultry or egg production, and similar uses as determined by the Planning Commission.

4. Airport. An area of land designed and set aside for the landing and the taking off of aircraft plus aircraft storage and service.

5. Animals. Animals shall include the following: horses, cows, sheep, goats and fowl, excluding pigs.

6. Architectural Projection. Any building or structural projection which is not intended for occupancy and which extends beyond the face of an exterior wall of a building or structure, but not including signs.

7. Automatic Car Wash. A facility for automatic or self-service washing and cleaning of automobiles and small trucks not exceeding one and one-half (1.5) tons.

8. Automobile Service Station. A place where gasoline, or any other motor fuel or lubricating oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles, and where services performed may include tube and tire repair, battery charging, storage of merchandise, lubricating or automobiles, replacement of spark plugs, lights, fans, and other small parts, but not including major auto repair.

9. Average Percent of Slope. An expression of rise or fall in elevation along a line perpendicular to the contours of the land, connecting the highest point of land to the lowest point of land within an area or within a lot. A vertical rise of one hundred (100) feet between two points one hundred (100) feet apart, measured on a horizontal plane is a one hundred (100) percent slope.

10. Basement House. A residential structure without a full story structure above grade.

11. Beginning Construction. The excavation of the site and/or breaking ground.

12. Bed & Breakfast Establishments. A lodging facility, with no more than six guest rooms, located within an existing single family residence which caters to the vacationing or traveling public.

13. Block. The land surrounded by streets or other rights-of-way, other than an alley, or land which is designed as a block on any recorded subdivision plat.

14. Boarding House. A dwelling where, for compensation, meals are provided for at least three (3) but not more than fifteen (15) persons.

15. Body and Fender Shop. A facility for major automobile, truck, mobile home, recreational coach or recreation vehicle repairs to body, frame, or fenders, and including rebuilding.

16. Breeze-way. A porch or roofed passageway open on the sides, for connecting two buildings, as a house and a garage.

17. Buildable Area. The portion of a lot remaining after required yards have been provided, except that land with an average grade exceeding fifteen (15) percent shall not be considered buildable area unless it is approved by conditional use permit for construction, after study by a geologist, soils engineer, or sanitarian as required by the Planning Commission.

18 Building. Any structure used or intended to be used for the shelter, of enclosure or persons, animals, or property.

19. Building, accessory. A building which is subordinate to, and the use of which is incidental to, that of the main building, or use on the same lot.

20. Building, height of. The vertical distance from the average finished grade surface to the highest point of the building roof or coping.

21. Building Inspector. The official designated as the building inspector for the City of Escalante by the Escalante City Council. The Escalante City Building Inspector may also be the Escalante City Zoning Administrator, if so designated.

22. Campground. A public area designated by a public agency for camping, or a private area licensed by the City of Escalante for camping.

23. Camping. A temporary establishment of living facilities such as tents or recreational coaches as regulated by this ordinance.

24. Carport. A private garage not completely enclosed by walls or doors. For the purpose of this Ordinance, a carport shall be subject to all the regulations prescribed for a private garage.

25. Cellar. A room or rooms wholly under the surface of the ground, or having more than fifty(50) percent of its floor to ceiling height under the average level of the adjoining ground.

26. Child Nursery. A duly licensed establishment for the care and/or the instruction of six (6) or more children, for compensation, other than for members of the family residing on the premises, but not including a public school.

27. Church. A building, together with its accessory buildings and uses, maintained and controlled by a duly-recognized religious organization where persons regularly assemble for worship.

28. Clinic, Dental or Medical. A building in which a group of dentists, physicians, and allied professional assistants are associated for the conduct of their professions. The clinic may include a dental and or a medical laboratory and an apothecary, but it shall not include in-patient care or operating rooms for major surgery.

29. Club, Social. Any organization, group, or association supported by its members where the sole purpose is to render a service of said members and their guests.

30. Conditional Use. A use of land for which a conditional use permit is required, pursuant to this Ordinance.

31. Condominium. An ownership structure established in accordance with the Utah Condominium Act.

32. Corral. A space, other than a building used for the confinement of animals or fowl.

33. Court. An open, unoccupied space, other than a yard, on the same lot with a building or group of buildings, and which is bounded on two (2) or more sides by such building or buildings.

34. Coverage, Building. The percent of the total site area covered by buildings.

35. Crosswalk or Walkway. A right-of-way to facilitate pedestrian access through a subdivision block; designed for use by pedestrians and not for use by motor vehicles; may be located within or without a street right-of-way at grade, or separated from vehicular traffic.

36. District. A portion of the territory of the City of Escalante Established as a zoning district by this ordinance, within which certain uniform regulations and requirements or various combinations thereof apply under the provision of this Ordinance; also includes “zone”, and “zoning district.”

37. Driveway. A private roadway, the use of which is limited to persons residing, employed, or otherwise using or visiting the parcel on which the driveway is located.

38. Dwelling. Any building or portion thereof designed or used as the permanent residence or sleeping place of one or more persons, but not including a tent, recreational coach, hotel, hospital, or nursing home.

39. Dwelling, Single-Family. A building arranged or designed to be occupied by one (1) family, the structure having only one (1) dwelling unit. Two structures connected by a Breezeway IS NOT a single dwelling.

40. Dwelling, Two-Family. A building arranged or designed to be occupied by two (2) families, the structure having only two (2) dwelling units.

41. Dwelling, Three-Family. A building arranged or designed to be occupied by three (3) families, the structure having only three (3) dwelling units.

42. Dwelling, four-Family. A building arranged or designed to be occupied by four (4) families, the structure having only four (4) dwelling units.

43. Dwelling, Multi-Family. A building arranged or designed to be occupied by more than four (4) families, the structure having more than four (4) dwelling units.

44. Dwelling Group. A group of two (2) or more detached buildings used as dwellings, located on a lot or parcel of land.

45. Dwelling Unit. One or more rooms in a dwelling, apartment hotel, or apartment motel, designed for or occupied by one (1) family for living or sleeping purposes and having one (1) but not more than one (1) kitchen or set of fixed cooking facilities, other than hot plates or other portable cooking units.

46. Easement. That portion of a lot or lots reserved for present or future use by a person or agency other than the legal owner(s) of said property(ies). The easement may be for use under, on, or above said lot or lots.

47. Essential Facilities. Utilities or sanitary and public safety facilities provided by a public utility or other governmental agency for overhead or surface or underground services, excluding any building, electrical sub-station or transmission line of seventy(70) KV or greater capacity, except by conditional use permit.

48. Family. An individual, or two (2) or more persons related by blood, marriage, or adoption, or a group of not more than four (4) persons (excluding servants) who are not related, living in a dwelling unit as a single housekeeping unit and using common cooking facilities.

49. Fence. A physical barrier to delineate, contain, or designate an area designed for a specific use i.e. and enclosure for a dwelling unit, an area of storage, etc.

50. Flood Hazard. A hazard to land or improvements due to inundation or overflow water having sufficient velocity to transport or deposit debris, scour the surface soil, dislodge or damage buildings, or erode the banks of water courses.

51. Floor Area. Area included within surrounding walls of a building or portion thereof, exclusive of vents, shafts, and courts.

52. Frontage, Block. All property fronting on one (1) side of the street between intersecting or intercepting streets, or between a street and a right-of-way, waterway, end of dead-end street, or political subdivision boundary, measured along the street line. An intercepting street shall determine only the boundary of the frontage on the side of the street which it intercepts.

53. Frontage, Lot. The lineal measurement of the front lot line.

54. Garage, Private. A detached accessory building, or a portion of a main building, used or intended to be used for the storage of motor vehicles, recreational coaches, boats, or other recreational vehicles.

55. Garage, Repair. A structure or portion thereof, other than a private garage, used for the repair of self-propelled vehicles, trailers, or boats, including general repair, rebuilding or reconditioning of engines, motor vehicles, recreational coaches, and minor collision service, but not including major body, frame or fender repairs or overall automobile or truck painting, except by conditional use permit. A repair garage may also include incidentals storage, care, washing, or sale of automobiles.

56. Geological Hazard. A hazard inherent in the crust of the earth, or artificially created, which is dangerous or potentially dangerous to life, property, or improvements, due to the movement, failure, or shifting of the earth.

57. Grade.

            A. For buildings adjoining one (1) street only, the elevation of the sidewalk at the center of the        wall adjoining the street.

            B. For buildings adjoining more than one (1) street, the average of the elevations of the                sidewalk at the centers of all walls adjoining the streets.

            C. For buildings having no wall adjoining the street, the average level of the natural surface of         the ground adjacent to the centers of all exterior walls of the building.

            D. Any wall parallel or nearly parallel to and not more than five (5) feet from a street line is to         be considered as adjoining the street.

58. Governing Body. The elected legislative body of the City of Escalante.

59. Holiday Home. An existing single family residence which is periodically provided to the vacationing public in its entirety for compensation. The length of stay shall be limited to a maximum of fifteen (15) consecutive days.

60. Home Occupation. Any use conducted entirely within a dwelling and carried on by persons residing in the dwelling unit, occupying no more than twenty-five (25) percent of the dwelling unit which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof.

61. Hospital. Institution for the diagnosis, treatment, and care of human illness or infirmity, but not including sanitariums and clinics.

62. Hotel. A building designated for or occupied as the more or less temporary abiding place of sixteen (16) or more individuals who are for compensation, lodged, with or without meals.

63. Household Pets. Animals or fowl ordinarily permitted in the house and kept for company or pleasure, such as dogs, cats, and canaries, but not including a sufficient number of dogs as to constitute a kennel as defined in this Ordinance. Household pets shall not include the keeping of dangerous animals.

64. Junk. Old or scrap copper, brass, rope, rags, batteries, paper trash, rubber debris or other was to salvage materials dismantled, junked, or wrecked automobiles or parts thereof, and old or scrap ferrous or non-ferrous metal materials.

65. Junkyard. The use of any lot, portion of a lot, or tract of land for the storage, keeping or abandonment of junk, including scrap metals or other scrap material, or for the dismantling, demolition or abandonment of automobiles, or other vehicles, or machinery or parts thereof; provided that this definition shall be deemed not to include such uses which are clearly accessory and incidental to any agricultural use permitted in the district.

66. Kennel. Any premises where three (6) or more dogs older than two (2) months are kept for commercial boarding, breeding, or sale.

67. Local Attorney. The attorney employed by or officially representing the City of Escalante.

68. Local Building Inspector. The City of Escalante Building Inspector employed by or officially representing the City of Escalante.

69. Livestock. “Livestock” means a domestic animal or fur-bearer raised or kept for profit, including:

cattle, sheep, goats, swine, horses, mules, poultry and domesticated elk.

70. Local Engineer. The engineer employed by or officially representing the City of Escalante.

71. Local Health Officer. The health officer or department employed by or officially representing the City of Escalante.

72. Local Jurisdiction. The City of Escalante.

73. Local Planner. The planner employed by or officially representing the City of Escalante.

74. Lot. A parcel or unit of land described by metes and bounds and held or intended to be held in separate lease or ownership, or a place or unit of land shown as a lot or parcel on a recorded subdivision map, or shown on a plat used in the lease or sale or offer of lease or sale of land resulting from the division of a larger tract into three (3) or more smaller units.

75. Lot, Corner. A lot abutting upon two (2) or more streets at their intersection or upon two (2) parts of the same street, such streets or parts of the same street forming an interior angle of less than one hundred thirty-five (135) degrees.

76. Lot Depth. The horizontal distance between the front and the rear lot lines measured in the main direction of the side lot lines.

77. Lot, Interior. A lot with no defined public street access.

78. Lot Lines. The property lines bounding the lot.

79. Lot Line, Front. For an interior lot, the lot line adjoining the street; for a corner lot or through lot, the lot line adjoining either street, as elected by the lot owner.

80. Lot Line, Rear. Ordinarily, that line of a lot which is opposite and most distant from the front line of the lot. In the case of a triangular or gore-shaped lot, a line then (10) feet in length within the parcel parallel to and at a maximum distance from the front lot line. In cases where these definitions are not applicable, the City of Escalante Building Inspector shall designate the rear lot line.

81. Lot Line, Side. Any lot boundary line not a front or rear lot line. A side lot line separating a lot from another lot or lots in an interior side lot line, a side lot line separating a lot from a street is a street side lot line.

82. Lot, Right-of-Way. A strip of land connecting a lot to a street for use as private access to that lot.

83. Maintenance. The condition of being maintained and/or supported. The act or fact or keeping up or in repair. The upkeep or preservation of conditions of property including cost of ordinary repair necessary and proper from time to time for that purpose.

84. Mobile Home. A detached, single-family dwelling unit designed for long-term occupancy, and to be transported on its own wheels or on a flatbed or other trailers or detachable facilities, and plumbing and electrical connections provided for attachment to appropriate externals systems, and ready for occupancy except for connections to utilities and other minor work. Pre-sectionalized, modular, or prefabricated houses not placed on a permanent foundation shall be regarded as mobile homes.

85. Mobile Home Lot. A lot within a mobile home subdivision, designed and to be used for the accommodation of one (1) mobile home.

86. Mobile Home Park. A space designed and approved by the City of Escalante for occupancy by mobile homes, to be under a single ownership or management, and meeting all requirements of the City of Escalante Zoning Ordinance.

87. Mobile Home Subdivision. A subdivision designed and intended for residential use where the lots are to be individually owned or lease, and occupied by mobile homes exclusively.

88. Modular Home. A permanent dwelling structure built in pre-fabrication units, which are assembled and erected on the site, or at another location and brought as a unit to the site; said modular home is classified as a mobile home until it is placed on a permanent foundation and complies with all governing building codes.

89. Motel/Inn. A building or group of buildings for the drive-in accommodation of transient guests, comprising individual sleeping or living units, and designed and located to serve the motoring public.

90. Nonconforming Building or Structure. A building or a structure which does not conform to the regulations of height, coverage, or yards of the district in which it is situated, but which was in conformity with applicable regulations, if any, at the time of its erection.

91. Nonconforming Use. The use of a building or structure or land which does not conform to use regulations for the district in which it is situated, but which was in conformity with applicable regulations, if any, at the time of its establishment.

92. Nursing Home. An institution, other than a hospital, for the care of human illness or infirmity in which care, rather than diagnosis or treatment, constitutes the principal function. The term “nursing home” shall also include “rest home” and convalescent home.”

93. Official Map. A map which has been adopted as the official map of the City of Escalante, showing existing public streets, streets on plats of subdivisions which have been approved by the City of Escalante Planning Commission, and /or other street extensions, widenings, narrowings, or variations which have been accurately surveyed and definitely located.

94. Off-street Parking Space. The space required to park one (1) passenger vehicle, which space shall meet the requirements of this ordinance.

95. Open Space. The area reserved in parks, courts, playgrounds, golf courses, and other similar open areas to meet the density requirements of Planned Development.

96. Open Space, Usable. The area of a lot which is completely free and unobstructed from any structure constructed on, over or below grade. Walkways, uncovered patio areas, light poles, other ornamental fixtures, trees, shrubs, other vegetation and equipment utilizing renewable energy resources may be allowed in open space areas.

97. Parking Lot. An open area, other than a street, used for the parking of more than four (4) automobiles and available for public use, whether free, for compensation, or accommodations for clients or customers.

98. Permanent Structure. Permanently affixed, which means anchored to, and supported by, a permanent foundation or installed in accordance with the manufactured housing installation standard code referred to in the State of Utah Uniform Building Standards Act Section 58-56-4.

99. Planned District. A zoning district, the boundaries of which are to be shown on the Zoning Map, but the regulations for which shall be determined by a general development plan to be adopted by the governing body as part of the City of Escalante Zoning Ordinance, after public hearing, as required for other zoning districts.

100. Plot Plan. A plat of a lot, drawn to scale, showing its actual measurements, the size and location of any existing buildings or buildings to be erected, the location of the lot in relation to abutting streets, and such other information as may be required by the City of Escalante Planning Commission.

101. Recreational Coach. A vehicle, such as a travel trailer, tent camper, camp car or other vehicle with or without motive power, designed and/or constructed to travel on the public thoroughfare in accordance with the provisions of the Utah Vehicle Code, and designed for use as human habitation for a temporary and recreational nature.

102. Recreational Coach Park. Any area or tract of land or a separate designated section within a mobile home park where lots are rented or held out for rent to one (1) or more owners or users of recreational coaches for a temporary time not to exceed one hundred twenty (120) days. Such park may also be designated as “Overnight Park”.

103. Recreational Coach Space. A plat of ground within a recreational coach park designated and intended for the accommodation of one (1) recreational coach.

104. Remodel. To model again, to reconstruct; make over. To make over in structure or style; reconstruct.

105. Rental Storage. A group of individual or multiple units designed for the sole purpose of storing personal or commercial goods.

106. Right-Of-Way (Lot). A strip of land not less than sixteen (16) feet in width connecting a lot to a street for use as private access to that lot.

107. Safety Island. An area provided for the safety of pedestrians from vehicular traffic, as between lanes on a busy street or highway.

108. Sign. A presentation or representation of words, letters, figures, designs, picture or colors, publicly displayed so as to give notice relative to a person, a business, an article of merchandise, a service, an assemblage, a solicitation, or a request for aid; also, the structure or framework or any natural object on which any sign is erected or is intended to be erected or exhibited or which is being used or is intended to be used for sign purposes.

109. Sign, Animated. A sign which involves motion or location of any part, created by artificial means, or which displays flashing, revolving or intermittent lights.

110. Sign Area. The area in square feet of the smallest rectangle enclosing the total exterior surface of a sign having but one (1) exposed exterior surface. Should the sign have more than one (1) surface, the sign area shall be the aggregate of all surfaces measured as above which can be seen from anyone (1) time.

111. Sign, Free-standing. A sign which is supported by one (1) or more upright columns, poles, or braces, in or upon the ground.

112. Sign, Identification and Information. A sign displayed to indicate the name or nature of a building, or of a use.

113. Sign, Illuminated. A sign in which a source of light is used in order to make the message readable. This definition shall include internally and externally lighted signs.

114. Sign, Marquee. Any sign attached to or made an integral part of the marquee.

115. Sign, Projecting Wall. A sign which is affixed to an exterior wall or building or structure and which projects more than eighteen, (18) inches from the building or structure wall, and which does not extend above the parapet, eaves, or building facade of the building upon which it is placed.

116. Site Plan. A plan required by, and providing the information required by, Section 1.8 herein.

117. Stable, Public. Any stable where horses are boarded and/or kept for hire.

118. Story, Half. A partial story under a gable, hip, or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls do not extend more than four (4) feet above the floor of such story, and the ceiling area of which does not exceed two-thirds(2/3) of the floor area of the same half story.

119. Structure. Anything constructed, the use of which requires fixed location on the ground, or attachment to something having a fixed location upon the ground; includes “building.”

120. Tent. A temporary structure erected for a period of no more than fourteen (14) days allowed only in commercial zones, as part of a recreational business having sufficient restrooms and sanitary facilities.

121. Vicinity Plan. A map or drawing, to scale showing the physical relationships of the proposed development to existing or proposed streets, buildings and utilities; other relevant information such as special terrain or surface drainage, and existing zoning classifications of all land within three hundred (300) feet of the property proposed for development.

122. Yard. A required open space on a lot, other than a court, unoccupied, and unobstructed from the ground upward, except as permitted elsewhere in this Ordinance.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1.6 BUILDING PERMIT REQUIRED.

Any person or entity shall first obtain a Municipal Project Approval Form and approval from the Escalante City Planning and Zoning Commission and the Escalante City Council prior to structurally altering the exterior of any building of any kind, including mobile homes as well as the construction of fences, decks, porches, and sheds. Furthermore, the Escalante City Council requires that any person or entity, before building, remodeling, or otherwise structurally altering any dwelling of any kind, including mobile homes, at a cost of three thousand dollars ($3,000) for materials /supplies excluding labor or more within the incorporated area of Escalante City, shall first obtain a building permit from the Garfield County Building Inspector. Work not started within one (1) year will require a new permit.

 

1.7 OCCUPANCY PERMIT REQUIRED.

Land, buildings or premises in any district shall hereafter be used only for a purpose permitted in such district an in accordance with district regulations. A permit occupancy shall be issued by the Escalante City Zoning Administrator or Assistant to the effect that the use, building or premises will conform to provisions of this and related ordinances prior to occupancy, for any building erected, enlarged or altered structurally, or the occupancy or use of any land, except for permitted agricultural uses. Such a permit is needed whenever use or character of any building or land is to be changed. Upon written request from the owner, a permit shall be issued covering any lawful use of buildings or premises existing on the effective date of this amendment, including nonconforming building and uses.

 

1.8 SITE PLANS REQUIRED.

A detailed site plan, with scale and sheet size determined by Escalante City Planning Commission or the Escalante City Zoning Administrator or Assistant, when authorized, shall be filed as part of any application, prior to the request for a zoning permit. It shall show, where pertinent:

            1. Scale of plan, and direction of north point.

            2. Lot lines, adjacent streets, roads, rights-of-way.

            3. Location of existing structures on subject property and adjoining properties, with utility lines, poles, etc., fully dimensioned.

            4. Location of proposed construction and improvements, with location and dimension of all             signs.

            5. Any parking lot to be built new or remodeled must be built to plan, have proper drainage,            and must have a building permit. Building permit fee shall be as set forth in the UBC.

            6. Motor vehicle access, circulation patterns, with individual parking stalls, and curb, gutter,            and sidewalk location.

            7. Necessary explanatory notes.

            8. Name, address, telephone number of builder and/or owner.

            9. All other information required as determined by the Escalante City Planning Commission            or the Escalante City Zoning Administrator or Assistant when authorized.

 

1.9 INSPECTION.

The Escalante City Zoning Administrator or Assistant is authorized to inspect or to have inspected all buildings and structures in the course of their construction, modification or repair, and to inspect the uses to determine compliance with zoning ordinance provisions. The Escalante City Zoning Administrator or any authorized employee of Escalante City shall use the right to enter any building for the purpose of determining the use, or to enter premises for the purpose of determining compliance with the said ordinance, provided that such right of entry is to be used only during Escalante City Office business hours. In no case shall entry be made to any occupied building in the absence of the owner or tenant thereof without written permission of an owner, or written permission of a court competent jurisdiction.

 

1.10 ENFORCEMENT

The Escalante City Zoning Administrator or Assistant is authorized as the enforcing officer for this Ordinance, and shall enforce all provisions, entering actions in court if necessary, and his failure to do so shall not legalize any violations of such provisions. If there is a violation of the Planning and Zoning Ordinance the City Attorney will send the citizen a letter regarding this violation, stating it is a Class B Misdemeanor and also stating the penalties that go along with the Class B Misdemeanor charge. If there is no response from the citizen then a citation will be issued. The Escalante City Council may, by resolution or ordinance, from time to time entrust administration of this Ordinance, in whole or part, to another officer of Escalante City without amendment to this Ordinance.

 

1.11 NUISANCE AND ABATEMENT

Any building or structure erected, constructed, altered, enlarged, converted, moved or maintained contrary to provisions of this Ordinance, and any use of land, building or premise established, conducted or maintained contrary to provisions of this ordinance shall be, and the same hereby is, declared to be unlawful and a public nuisance. The local attorney shall, upon request of the governing body, at once commence action or proceedings for abatement and removal or enjoining thereof in a manner provided by law, and take other steps and apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building or structure, and restrain or enjoin any person, firm, or corporation from erecting, building, maintaining, or using said building or structure or property contrary to the provisions of this Ordinance. The remedies provided for herein shall be cumulative and not exclusive.

 

1.12 PENALTIES

Any persons, firm or corporations (as principal, agent, employee or otherwise) violating, causing, or permitting violation of the provisions of this Ordinance shall be guilty of a class B misdemeanor, and punishable as provided by law. Such person, firm, or corporation intentionally violating this Ordinance shall be deemed to be guilty of a separate offense for each day during which any portion of any violation of this Ordinance is permitted or continued by such person, firm, or corporation.

 

1.13 SEVERABILITY

If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such holding shall not affect the validity of the remaining portion of this Ordinance.

 

1.14 AMENDMENTS

Escalante City may from time to time amend the number, shape, boundaries or areas of any district, or regulation, or other provision of the Zoning Ordinance, but any such amendment shall not be made or become effective until after fourteen (14) days notice and public hearing and unless the same shall have been proposed by or be first submitted to Escalante City Planning Commission for its recommendation, which shall be returned within (30) days.

 

1.15 HEARING AND PUBLICATION AND NOTICE BEFORE AMENDMENT

Before finally adopting any such amendment, Escalante City Council shall hold a public hearing thereon, at least fourteen (14) days notice of the time and place of which shall be given by at least one (1) publication in a newspaper of general circulation in Escalante City.

 

1.16 LICENSING

All departments and public employees of Escalante City which are vested with duty or authority to issue permits or licenses shall conform to the provisions of this Ordinance and shall issue no permit or license for users, buildings, or purposes where the same would be in conflict with the provisions of this Ordinance and any such permit or license, if issues in conflict with the provisions of this Ordinance, shall be null and void.

 

1.17 FEES

A forty ($40) fee will be charged to applicants for building, occupancy, conditional use permits

and Planned Development approvals. A forty ($40) fee will be charged for Escalante City Board of Adjustment hearings. A ten ($10) fee will be charged for all business license applications in addition to the business license fee, which is forty-five ($45). These fees shall be established in amounts reasonably needed to defray costs to the public and reviewed annually.

 

1.18 ARCHITECTURAL DESIGN

All building permits will be accompanied by an architectural rendering, photograph, manufactures brochure, or a representation which will allow the Zoning Committee to ascertain the appropriateness of the structure, building, mobile home, or manufactured (pre-fabricated) dwelling within the proposed Zone. The architectural design will show the floor plan and elevation which need not be to scale.

 

 

 

 

 

CHAPTER 2. PLANNING COMMISSION

 

2.1 CREATION OF A PLANNING COMMISSION, NUMBER OF MEMBERS, APPOINTMENT

The Escalante City Planning Commission shall consist of seven (7) members, each to be appointed by the Escalante City Mayor with the advice and consent of Escalante City Council. The Escalante City Council may designate, by resolution the composition of the Escalante City Planning Commission. It is the intent of this Ordinance that the Escalante City Planning Commission not consist of members, all of whom are from the same field of expertise. The seven (7) members of the Escalante City Planning Commission shall be residents of Escalante City and owners of property within said city. At least four (4) of the seven (7) members shall hold no other public office or position within Escalante City. The Escalante City Council shall appoint a representative from among its members to act as liaison between the Escalante City Council and the Escalante City Planning Commission and the liaison is not a voting member of the Planning and Zoning Commission. One (1) member, but not more than one (1) of the Escalante City Board of Adjustment shall be a member of the Escalante City Planning Commission. The liaison is not a voting member of the Escalante City Board of Adjustments. The City Council may appoint two alternates to the Planning and Zoning Commission.

 

2.2 TERMS OF OFFICE

The terms of office for the seven (7) Escalante City Planning Commission members shall be for six (6) years. The Escalante City Planning Commission members terms shall be staggered so that not more than two (2) members terms shall expire in any one (1) year. The term of office for the Escalante City Council member designated liaison for the Escalante City Planning Commission shall correspond to his/her tenure of office as the Escalante City Council member.

 

2.3 VACANCIES AND REMOVALS FOR CAUSE

Vacancies of appointed members occurring otherwise than through the expiration of terms shall be filled for the remainder of the unexpired term by appointment of the Escalante City Council. The Escalante City Council shall have the right to remove any member of the Escalante City Planning Commission for misconduct and may remove any member for nonperformance of duty.

 

2.4 COMPENSATION

The Escalante City Planning Commission shall serve without compensation, except that the Escalante City Council shall provide for reimbursement of the Escalante City Planning Commission for actual expenses incurred, upon presentation of proper receipts and vouchers with prior approval of expenditures.

 

2.5 OFFICERS         

The Escalante City Planning Commission shall elect a Chair and Chair Pro-Temp from among its members, whose terms shall be for one (1) year, commencing the first meeting in January. The Escalante City Planning Commission Chair or Chair Pro Temp shall vote in the case of a tie.

 

2.6 RULES AND REGULATIONS           

The Escalante City Planning Commission may adopt such rules and procedures as it may deem necessary for the proper conduct of its business. The Escalante City Planning Commission shall keep a record of its proceedings, and such record shall be open to inspection by the public during Escalante City Office hours.

 

2.7 QUORUM AND VOTE

A quorum shall consist of four (4) members and the Chair or Chair Pro Temp. Evidence shall not be presented unless a quorum is present. A majority vote shall be constituted of at least a majority of members present.

 

2.8 EMPLOYEES; EXPENDITURES

The Escalante City Planning Commission may, upon the prior approval for expenditures of the Escalante City Council, employ experts and staff, including consultants and a secretary, and pay such expenses, exclusive of gifts, as may be necessary for carrying out the duties defined in this Ordinance, providing that such expenditures may not exceed the amount appropriated for the operation of the Escalante City Planning Commission by the Escalante City Council.

 

2.9 ZONING ADMINISTRATOR TO ISSUE STOP WORK ORDERS AS ALLOWED

BY LAW.

The Escalante City Zoning Administrator or Assistant is hereby empowered to issue Stop Work Orders, commonly known as “Red Tagging” to any person or entity in violation only of the Escalante City Planning and Zoning Ordinance. Such an issuance shall command the immediate cessation or listed unlawful activities and shall give notice of the specific violation, time and date served and other such information as necessary and as provided by ordinance.

 

The Zoning Administrator or Assistant shall remove such orders when the listed violations have been abated or conditions corrected to comply with the Planning and Zoning Ordinance. Disputes concerning the issuance or removal of Stop Work Orders shall be appealed to the Escalante City Council at the next scheduled council meeting provided that ample time is available to post such notice.

 

Violation of the provisions of this ordinance is a Class B Misdemeanor for each separate day of violation.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CHAPTER 3. BOARD OF ADJUSTMENT

 

3.1 BOARD, NUMBER OF MEMBERS, APPOINTMENT, TERM AND REMOVAL, VACANCIES

The Escalante City Board of Adjustment shall consist of five (5) members, each to be appointed by the Mayor for the term of five (5) years provided that the term of one (1) member shall expire each year. Any member may be removed for cause by the appointing authority upon written charges and after public hearing, if such public hearing is requested. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. One (1) member, but not more than one (1) of the Escalante City Planning Commission shall be a member of the Escalante City Board of Adjustment. In like manner, one or more alternate members may be appointed by the chief executive officer with the advice of the legislative body for a term of five (5) years.

 

3.2 ORGANIZATION

The Escalante City Board of Adjustment shall elect a Chairperson and a Vice-Chairperson from among its members, who shall serve for a term of one (1) year and shall adopt rules complying with the ordinances of the legislative body.

 

The appointed Chairperson or Vice-Chairperson shall supervise the affairs of the board of adjustment including calling meetings. The board of adjustment shall adopt administrative rules.

The Chairperson or Vice-Chairperson, in absence of the Chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote indicating such fact, and shall keep records of its examinations and other official actions; all of which shall be filed in the office of the board of adjustment and shall be a public record.

 

3.3 POWERS AND DUTIES

The Escalante City Board of Adjustment shall have the following powers:

            1. To hear and decide appeals from zoning decisions applying to the zoning ordinance;

            2.To hear and decide special exceptions to the terms of this Ordinance upon which such Board        is required to pass under the provisions of this Ordinance; and

            3. To hear and decide variances from the terms of this Ordinance. The Board may grant a    variance only if:

                        A. Literal enforcement of the zoning ordinance would cause an unreasonable hardship         for the applicant that is not necessary to carry out the general purpose of the zoning                    ordinance;

                        B. There are special circumstances attached to the property which do not generally               apply to other property in the same district;           

                        C. Granting the variance is essential to the enjoyment of a substantial property right                   possessed by other property in the same district;

                        D. The variance will not substantially affect the general plan and will not be contrary to                    the public interest;

                        E. The spirit of the zoning ordinance is observed and substantial justice done.

 

3.4 QUORUM

A quorum shall be considered three (3) members of the Escalante City Board of Adjustment, and no evidence shall be presented to the Board unless a quorum is present.

 

3.5 ACTION TO BE TAKEN

Approval or disapproval, rejection, or modified approval of an application shall be based upon findings which shall be made a part of the official record.

 

3.6 VOTE NECESSARY FOR REVERSAL

The concurring vote of three (3) members of the Escalante City Board of Adjustment shall be necessary to reverse any order, requirement, or determination of any such administrative official, or to decide in favor of the appellant on any matter upon which it is required to pass under this Ordinance or to effect any variation of the provisions of this Ordinance. Decisions of the board become effective at the meeting in which the decision is made, unless a different time is designated in the board’s rules or at the time the decision is made.

 

3.7 APPEALS TO BOARD-TIME-PERSONS ENTITLED-TRANSMISSION OF PAPERS

Appeals to the Escalante City Board of Adjustment may be taken by any person aggrieved or by any officer, department, board or bureau of Escalante City affected by any decision of the administrative officer in the administration of this Ordinance. Such appeal shall be taken within thirty (30) days as provided by the rules of the Board by filing with the officer from whom the appeal is taken and with the Escalante City Board of Adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Escalante City Board of Adjustment all the papers constituting the record upon which the action appealed from was taken.

 

3.8 STAY OF PROCEEDINGS PENDING APPEAL

An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Escalante City Board of Adjustment after the notice of appeal shall have been filed with him or her that by reason of facts stated in the certificate a stay would in his or her opinion cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by restraining order which may be granted by the Escalante City Board of Adjustment or by district court on application and notice and on due cause shown.        

                                

3.9 DECISION ON APPEAL

In exercising the above-mentioned powers, the Escalante City Board of Adjustment may in conformity with the provisions of this Ordinance reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such other, requirement, decision, or determination as ought to be made.

 

3.10 RULES

The Escalante City Board of Adjustment shall adopt rules for the regulation of its procedure and the conduct of its duties not inconsistent with the provisions of this Ordinance or of the State law. Such rules, to become effective, shall be first approved by the Escalante City Council.

 

3.11 JUDICIAL REVIEW OF BOARD’S DECISION - TIME LIMITATIONS

The Escalante City Council or any person aggrieved by any decision of the Escalante City Board of Adjustment may have and maintain a plenary action for relief there from in any court of competent jurisdiction; provided, petition for such relief is presented to the court within thirty (30) days after the filing of such decision in the office of the Board.

 

 

 

CHAPTER 4 SUPPLEMENTARY AND QUALIFYING REGULATIONS

 

4.1 EFFECT OF CHAPTER.

The regulations hereinafter set forth in this chapter qualify or supplement, as the case might be, the zone regulations appearing elsewhere in this ordinance.

 

4.2 SUBSTANDARD LOTS AT TIME OF ORDINANCE PASSAGE.

Any lot legally held in separate ownership at the time of passage of this Ordinance, which lot is below the requirements for lot area or lot width for the District in which it is located may be used for a single-family dwelling if such lot is located in a district which permits single-family dwellings. The width of each of the side yards for such a dwelling may be reduced to a width which is not less than the same percentage of the lot width as the required side yard would be of the required lot width, provided that in no case shall the total width of the two (2) side yards be less than fourteen (14) feet.

 

4.3 LOT STANDARDS.

Except as provided in this Ordinance, every lot, existing or intended to be created, shall have such area, width and depth as is required by this Ordinance for the district in which such lot is located and shall have frontage upon a dedicated or publicly approved street or upon a private street or right-of-way approved by the Escalante City Planning Commission, before a building permit may be issued.

 

4.4 EVERY DWELLING TO BE ON A LOT - EXCEPTIONS.

Every dwelling structure shall be located and maintained on a separate lot having no less than the minimum area, width, depth, and frontage required by this Ordinance for the district in which the dwelling structure is located.

 

4.5 PRIVATE GARAGE WITH SIDE YARD-REDUCED YARDS.

On any interior lot where a private garage, containing a sufficient number of parking spaces to meet the requirements of this Ordinance, has a side yard equal to the minimum side yard required for a dwelling in the same district, the width of the other side yard for the dwelling may be reduced to the equal that of the minimum required side yard, and on any lot where such garage has such side yard, the rear yard of the dwelling may be reduced to fifteen (15) feet, provided the garage also has a rear yard of at least fifteen (15) feet.

 

4.6 SALE OR LEASE OF REQUIRED SPACE.

No space needed to meet the width, yard, area, coverage, parking or other requirements of this Ordinance for lot or building may be sold or leased away from such lot or building.

 

4.7 SALE OF LOTS BELOW MINIMUM SPACE REQUIREMENTS.

No parcel of land which has less than the minimum width and area requirements for the district in which it is located may be subdivided from a larger parcel of land for the purpose, whether immediate or future, of building or development as a lot.

 

4.8 AREA OF ACCESSORY BUILDINGS.

No accessory building or group of accessory buildings in any residential district shall cover more than seventy-five (75) percent of the rear yards.

 

4.9 ADDITIONAL HEIGHT ALLOWED.

Public and quasi-public utility buildings, when authorized in a district, may be erected to a height greater than the district height limit by conditional use permit.

 

4.10 EXCEPTIONS TO HEIGHT LIMITATIONS.

Penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, steeples, flagpoles, chimneys, smokestacks, water tanks, wireless or television masts, theater lofts, silos, or similar structures may be erected above the height limits herein prescribed, but no space above the height limit shall be allowed for purposes of providing additional floor space. All height exceptions are subject to conditional use permit.

 

4.11 MAXIMUM HEIGHT OF ACCESSORY BUILDINGS.

No building which is accessory to a one-family, two-family, three-family, or four-family dwelling shall be erected to a height greater than two and a half (2 ½ ) stories or thirty (35) feet, whichever is less.

 

4.12 CLEAR VIEW OF INTERSECTING STREET.

In all districts which require a front yard, no obstruction to view in excess of four (4) feet in height, from the height of the crown of the roadway, shall be placed on any corner lot within a triangular area formed by the street property lines and a line connecting them at points forty (40) feet from the intersection of the property lines, except a reasonable number of trees, as described in the city's tree ordinance, pruned high enough to permit unobstructed vision to automobile drivers, and pedestal-type identification signs and pumps at gasoline service stations.

 

4.13 HEIGHT OF FENCES, WALLS, AND HEDGES.

            1. Fences, walls, and hedges may be erected or allowed to the permitted building height when         located within the buildable area, provided that any physical structure over six (6) feet in          height shall be governed by State standards.

            2. Fences, walls, and hedges may not exceed four (4) feet in height within any required front          yard or side street side yard.

            3. Fences, walls, and hedges may not exceed six (6) feet in height within any required rear yard or interior side yard.

            4. On corner lots, notwithstanding any other provisions herein, no fence, wall, or hedge                exceeding four (4) feet in height shall be erected or allowed closer to any street line than the     required building set back line except where a dwelling established prior to the Escalante             City Planning and Zoning Ordinance (dated March 26, 1996 whose building setback line is         less than the required setback for that zone, may erect a six (6) foot fence to that dwellings building set back line but in no case can a six (6) foot fence be within ten (10) feet of any             public right of way.

            5. For the purpose of this section, single shrub planting shall not constitute a hedge if the               closest distance between the foliage of any two (2) plants is and remains at least five (5)       feet.

            6. Where a fence, wall, or hedge is located along a property line separating two (2) lots and             there is a difference in the grade of the properties on the two (2) sides of the property line,    the fence, wall, or hedge may be erected or allowed to the maximum height permitted on either side of the property line.

            7. Fencing and walls six (6) feet in height, including protective gates, shall be required around         swimming pools, spas and similar structures except those swimming pools, spas and similar      structures that are covered with a locking safety cover that complies with the A.S.T.M.                       (American Society Testing Material) regulations in effect at the time of the safety cover    installation.

 

4.14 WATER AND SEWAGE REQUIREMENTS.

All proposed dwellings and businesses open to the public shall be connected to a public water system within the city limits of Escalante. Sewer disposal shall first be approved by the Southwest Utah Health Department.

 

4.15 CURBS, GUTTERS, AND SIDEWALKS.

The installation of curb, gutter, and sidewalks for a type approved by the Escalante City Council may be required on any existing or proposed street adjoining a lot on which a building is to be constructed or remodeled, or on which a new use is to be established. Such curbs, gutters, and sidewalks may be required as a condition of building or use permit approval.

 

4.16 EFFECT OF OFFICIAL MAP.

Wherever a front yard is required for a lot facing on a street for which an official map has been recorded, the depth of such front yard shall be measured from the mapped street line provided by the Escalante City Official Map.

 

4.17 LOTS AND DWELLINGS ON PRIVATE STREETS-SPECIAL PROVISIONS.

Lot with frontage on private streets only shall be allowed by conditional use permit or Planned Development procedure only, and subject to all applicable requirements of this Ordinance and the Subdivision Ordinance.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CHAPTER 5. NON-CONFORMING BUILDINGS AND USE

 

5.1 MAINTENANCE PERMITTED.

A nonconforming building or structure and the nonconforming use of land may be continued and maintained in the same manner and to the same extent and character as the lawful use existing at the time of the passage of this Ordinance.

 

5.2 REPAIRS AND ALTERATIONS.

Repairs and structural alterations may be made to a nonconforming building or to a building housing a nonconforming use.

 

5.3 ADDITIONS, ENLARGEMENTS, AND MOVING.

A building or structure occupied by nonconforming use and a building or structure nonconforming as to height, area, or yard requirements shall not be added to or enlarged in any manner unless required by law for sanitary or safety purposes, or which can be shown as being reasonably necessary for the convenience or welfare of the public. Moving to another nonconforming location is prohibited.

 

5.4 ALTERATION WHERE PARKING IS INSUFFICIENT.

A building or structure lacking sufficient automobile parking space in connection therewith as required by this Ordinance may be altered or enlarged provided additional automobile parking space is supplied to meet the requirements of this Ordinance for such alteration or enlargements. All parking spaces shall be on or adjacent to the site.                    

 

5.5 RESTORATION OF DAMAGED BUILDINGS.

A nonconforming building or structure or a building or structure occupied by a nonconforming use which is damaged by fire, flood, wind, earthquake or other calamity or Act of God, or the public enemy, may be restored and the occupancy or use of such building, structure, or part thereof, which existed at the time of such damage may be continued or resumed, provided that such restoration is started within a period of one (1) year and is diligently prosecuted to completion.

 

5.6 CONTINUATION OF USE.

The occupancy of a building or structure by a nonconforming use, existing at the time this Ordinance became effective, may be continued.

 

5.7 CHANGE OF USE.

The nonconforming use of a building or structure may not be changed except to a conforming use; but where such change is made, the use shall not thereafter be changed back to a nonconforming use.  

 

5.8 NONCONFORMING USE OF LAND.

The nonconforming use of land, existing at the time this Ordinance became effective, may be continued provided that no such nonconforming use of land shall in any way be expanded or extended either on the same or on adjoining property, and provided that if such nonconforming use of land, and/or any portion thereof, is abandoned or changed for a period of three (3) years or more, any future use of such land shall be in conformity with the provisions of this Ordinance.

 

 

 

 

CHAPTER 6. OFF-STREET PARKING REQUIREMENTS

 

6.1 OFF-STREET PARKING REQUIRED.

At the time any building or structure is erected or enlarged or increased in capacity or any use is established, there shall be provided off-street parking spaces for automobiles adjacent to the building, structure.

 

6.2 SIZE.

The dimensions of each off-street parking space shall be at least nine (9) feet by twenty (20) feet for diagonal or ninety-degree (90) spaces; or nine (9) by twenty-two (22) feet for parallel spaces, exclusive of access drives or aisles.

 

6.3 ACCESS TO INDIVIDUAL PARKING SPACE.

Except for single-family and two-family dwellings, access to each parking space shall be from a private driveway and not a public street.

 

6.4 NUMBER OF PARKING SPACES

            1. Business or professional offices. One (1) parking space for each five hundred (500) sq. ft.         or floor area.

            2. Dwellings, single-family, two-family and cluster (townhouse and condominium). Two (2)           parking spaces for each dwelling unit.

            3. Dwelling, Multifamily. Two (2) parking spaces for each unit plus one (1) guest shall be   provided for each five (5) dwelling units.

            4. Hotels, Motels, Motor Hotels. One (1) space for each living or sleeping unit, plus parking           space for all accessory uses as herein specified.

            5. Commercial & Retail stores. One (1) parking space for each five hundred (500) square feet         of retail floor space.

            6. Commercial Storage Units. One (1) parking space for each thirty (30) feet of building               frontage storage space.

            7. Wholesale establishments, Warehouses, Manufacturing Establishments, and all Industrial            uses. As determined by conditional use permit or by Planned Development Industrial uses.    As determined by conditional use permit or by Planned Development requirements, if                  applicable, or by the Escalante City Planning Commission, but in no case fewer           than one (1) space for each employee projected for the highest employment shift.

            8. Handicapped and Motorcycle Parking. Every parking lot over twenty-five (25) spaces shall,        as a minimum, provide one (1) handicapped parking stall with easy access. One (1)             additional handicapped stall will be provided for each fifty (50) additional parking spaces.             One (1) motorcycle stall shall be provided for every twenty-five (25) parking spaces.

9. All other uses not listed above. As determined by the Escalante City Planning

Commission, based on the nearest comparable use standards.

 

6.5 ACCESS REQUIREMENTS.

Adequate ingress and egress to and from all uses shall be provided as follows:

            1. Residential Lots. For each residential lot not more than two (2) driveways, each of which            shall be a maximum of twenty (20) feet wide at the street lot line, and such driveways shall    not be closer than twelve (12) feet to each other. No driveway shall be closer to a side                  property line than three (3) feet.

           

            2. Other than Residential Lots. Access shall be provided to meet the following requirements:

                        A. Not more than two (2) driveways shall be used for each one hundred (100) feet or                      fraction thereof of frontage on any street.

                        B. No two (2) of said driveways shall be closer to each other than twelve (12) feet, and                   no driveway shall be closer to a side property line than three (3) feet.

                        C. Each driveway shall be not more than fifty (50) feet wide, measured at right angles                      to the center line of the driveway, except as increased by permissible curb return                        radii. The entire flare of any return radius shall fall within the right-of-way.

                        D. No driveway shall be closer than twenty (20) feet of any intersection at any corner                      as measured along the property line.

                        E. Where there is no existing curb and gutter or sidewalk, the applicant may at his                option install such safety island and curb, or in place thereof shall construct along

                        the entire length of the property line (except in front of the permitted driveways) a

                        curb, fence, or pipe rail not exceeding two (2) feet and no less than eight (8) inches

                        in height.

                        G. All other uses not listed above as determined by the Escalante City Planning

                        Commission, based on the nearest compatible use standards.

 

6.6 LOCATION OF GASOLINE PUMPS.

Gasoline pumps shall be set back not less than eighteen (18) feet from any street line to which the pump island is perpendicular and twelve (12) feet from any street line to which the pump island is parallel, and not less than ten (10) feet from any residential or agricultural district boundary line. If the pump island is set at an angle on the property, it shall be so located that the automobiles and towed accessories stopped for service will not extend over the property line.

 

 

CHAPTER 7. BED AND BREAKFAST ESTABLISHMENTS, INNS AND HOLIDAY HOMES

 

7.1 GENERAL REGULATIONS

            A. All Bed & Breakfast establishments, Inns and Holiday Homes shall obtain a City Business         License.

            B. Bed & Breakfast establishments may be allowed in any residential or agricultural

            zone as a Conditional Use, subject to the following conditions. The Conditional Use is not   subjected to a one (1) year time limit.

            C. Inns may be allowed in Commercial zones.

 

7.2 BED & BREAKFAST ESTABLISHMENTS

            A. The number of guest rooms shall be limited to a maximum of six rooms; and,

            B. Only minor architectural modifications may be made to the exterior of the existing                    structure; and,

            C. Food preparation or cooking shall be limited to the common “breakfast area”; and,

            D. Breakfast may be served only to guest taking lodging; and,

            E. Parking stalls shall be provided at the rate of two stalls for the innkeeper and one

       stall for each guest room, and shall be constructed according to Escalante City

       standards; and,

            F. All modifications shall be in accordance with adopted building codes.

 

7.3 HOLIDAY HOMES

            A. The number of guests per holiday home shall be limited to two guests per

            bedroom and to a maximum of no more than ten guests per holiday home at any time; and         one parking stall for each guest room, and shall be constructed according to Escalante City

            standards; and,

            B. There shall be no architectural modifications to the exterior that changes the residential   character or appearance of the dwelling; and,

            C. All modifications shall be in accordance with the adopted City building codes.

 

7.4 INNS

            A. The number of guest rooms shall be seven (7) or more.

            B. Food preparation or cooking shall be limited to the common “breakfast area”; and,

            C. Breakfast may be served only to guest taking lodging; and,

            D. Parking stalls shall be provided at the rate of two stalls for the innkeeper and one

            stall for each guest room, and shall be constructed according to Escalante City standards.

            E. Off street parking is required.

 

7.5 SIGNAGE

            A. Bed & Breakfast Establishments are permitted one (1) on-premises identification                  sign, not to exceed sixteen (16) square feet in sign area.

B. Holiday Homes are not permitted to have any signs on site advertising dwelling use.

 

 

7.6 OTHER PROVISIONS

            A. All other site considerations shall be in accordance with standards associated with the                applicable residential or agricultural zone in which the Bed & Breakfast Establishment or the Holiday Home is located.

            B. Occupants of Holiday Homes are required to comply with all Escalante City Ordinances            affecting residential dwellings.

            C. All Bed & Breakfast Establishments and Holiday Homes shall obtain a City Business                License.

            D. All Bed & Breakfast Establishments and Holiday Homes are subject to Garfield County            Transient Room Tax.

 

 

 

 

 

 

 

 

 

CHAPTER 8. CONDITIONAL USES

 

8.1 PURPOSE OF CONDITIONAL USE PROVISIONS

Conditional uses are those specific uses that may be permitted under special conditions and in special locations within a zoning district. They are not included as permitted uses because they may be improper in general locations. These uses require conditional use permits that must be approved by the Escalante City Planning Commission and the Escalante City Council.

 

8.2 PERMIT REQUIRED

A conditional use permit is required for all uses listed as conditional uses in the zoning district regulations or elsewhere in this Ordinance. A conditional use permit may be revoked by the Escalante City Council for failure to comply with the conditions prescribed in the original approval of the conditional use. No building permit or other permit or license will be issued for a use requiring a Conditional Use permit without first being reviewed and/or approved by the Escalante City Planning Commission and the Escalante City Council.

 

8.3 APPLICATION

A conditional use permit application (exhibit 8-1) shall be made to the Escalante City Planning & Zoning Commission as provided in this Ordinance. Applications for a conditional use permit shall be accompanied by maps, drawings, statements, or other documents as required by the Escalante City Planning Commission.

 

Applicant shall notify all property owners by certified mail, receipt requested, within 200 ft of the proposed action. Receipts will act as proof of notification and shall be made part of the approval process. Notification shall be at least 14 days prior to the Escalante City Planning Commission meeting where the conditional use permit will be discussed. Failure to notify adjacent property owners may be cause for dismissal.

 

Applicants shall provide the City Recorder with stamped, addressed envelopes for certified mailing.

 

Notification letters shall be mailed by the City Recorder.

 

8.4 DEVELOPMENT PLAN

The applicant for a conditional use permit shall prepare a site plan with elevations (as may be necessary) for the site being proposed for development. The plan shall be drawn to scale and show all existing and proposed buildings, roads, parking, and other information that the Escalante City Planning Commission may deem necessary.

 

8.5 PLANNING COMMISSION ACTION

The Escalante City Planning Commission will recommend approval or remand of the Conditional Use Permit consistent with the Zoning District to the Escalante City Council. In approval recommendations of any conditional uses, the Escalante City Planning Commission will suggest regulations and conditions they feel are necessary to protect public health, safety and welfare.

 

Prior to recommending approval of a Conditional Use Permit, the Escalante City Planning Commission shall find:

 

            1. That the proposed conditional use is necessary or desirable and will contribute to the general well-being of the community.

 

            2. That the use will not be detrimental to the health, safety or welfare of persons residing or            working in the vicinity, or injurious to property or improvements in the vicinity.

 

            3. That the proposed use will comply with the regulations of the Ordinance.

 

            4. That the proposed use is in harmony with the intent and purpose of the Escalante City’s General Plan or that the plan shall have first been amended through public hearing.

 

8.6 STANDARDS

Standards are defined in Chapter 11.

 

8.7 CITY COUNCIL ACTION

Following receipt of a Conditional Use Permit and the recommendation from the Escalante City Planning Commission, the Escalante City Council may approve, modify (and approve), or deny the application in a public meeting. In approving any conditional use, the Escalante City Council will impose regulations and conditions as necessary to protect the public health, safety and welfare. The Escalante City Council will follow the same conditions as stated in 8-6.

 

8.8 EXPANSION OF A CONDITIONAL USE

No structure that has been approved through conditional use may be expanded without approval from the Escalante City Council. Before expanding, the applicant will present a development plan to the Escalante City Planning Commission compliant with section 8-5. No public hearing is required; however, the Escalante City Planning Commission may deem it necessary.

 

8.9 INSPECTION

Following issuance of a Conditional Use Permit by the Escalante City Council, and receipt of all required building permits by the applicant, the Garfield County Building Inspector will insure that all development is in compliance with all permits.

 

8.10 TIME LIMITATION

Action authorized by a Conditional Use Permit must commence within one (1) year of the time the permit is issued. If the permit holder has not commenced action under the permit within this time, the permit shall expire and the holder must apply for a new permit. The Planning Commission may grant an extension for good cause shown. Only one extension may be granted and the maximum extension shall be six (6) months. In order to obtain an extension, the permit holder must apply for an extension in writing before the expiration of the original permit. The application must be submitted to the City Recorder and the application must describe the cause for requesting the extension. A Conditional Use Permit shall be good for one (1) year after approval or on a case by case basis.

 

8.11 REVOCATION

The permit may be reinstated if the Escalante City Council determines that the cause for               revocation has been corrected, and the applicant agrees to proceed according to the originally   approved plans.

 

            A. The Escalante City Council may revoke the Conditional Use Permit of any person upon a          finding that the holder of the permit has failed to comply with any of the conditions              imposed at the time the permit was issued. The Escalante City Council shall send notice of             the revocation to the holder of the permit and the holder of the permit shall immediately cease any use of the property which was based on the Conditional Use Permit.

 

            B. If the Escalante City Council revokes any permit under this section, the holder of the         permit shall have a right to appeal the revocation of the permit. The holder must file the      appeal with the City Recorder within fourteen (14) days of the date of the notice that the             City has revoked the Conditional Use Permit.

 

C. Upon receipt of the appeal, the Escalante City Council shall set a hearing on the appeal   at its next regular scheduled meeting which is more than fourteen (14) days after the time     the City Recorder received the appeal. The City shall supply the permit holder of the

            time, date and place of the hearing at least fourteen (14) days before the hearing. At the

hearing, the permit holder shall have the right to be heard on the revocation.

 

 

 

 

 

 

CHAPTER 9. PLANNED UNIT DEVELOPMENT

 

9.1 PURPOSE

The purpose of the Planned Unit Development is to allow diversification in the relationship of various uses and structures to their sites, and to permit more flexibility in the use of such sites. The application of planned development concepts is intended to encourage good neighborhoods, housing, and area design, thus ensuring substantial compliance with the intent of the district health, safety, and general welfare, and at the same time securing the advantages of large-scale site planning for residential, commercial or industrial developments, or combinations thereof.

 

               9.2 DEFINITION

                  Planned Unit Development, for the purposes of the Ordinance, shall mean an integrated design ford development of residential, commercial, or industrial uses, or combinations of such uses, in which one (1) or more of the regulations, other than use regulations, of the District in which the development is to be situated, is waived or varied to allow flexibility and initiative in site and building design and location, in accordance with an approved plan and imposed general requirements as specified in the Chapter.

 

                     9.3 PLANNED UNIT DEVELOPMENT PERMIT                                                                   Planned Unit Developments may be allowed by Escalante City Planning Commission approval in any zoning district. No such Planned Unit Development permit shall be granted unless such development will meet the use limitations of the zoning district in which it is to be located, including Planned Unit Developments in planned districts, and meet the density and other limitations as such districts, except as such requirements may lawfully modified as provided by this Chapter or by district regulations. Compliance with the regulations of this Ordinance in no sense excuses the developer from the applicable requirements of the Subdivision Ordinance, except as modifications thereof are specifically authorized in the approval of the application for the Planned Unit development.

 

9.4  REQUIRED CONDITIONS

1.     No Planned Unit Development shall have an area less than that approved by the

Escalante City Planning Commission as adequate for the proposed development.

2. A Planned Unit Development which will contain uses not permitted in the zoning district in

which it is to be located will require a change of zoning district and shall be accomplished

by an application for a zoning amendment, except that any residential use shall be

considered a permitted use in a Planned Unit Development which allows residential uses

and shall be governed by density, design, and other requirements of the Planned Unit

Development.

3. The development shall be in single or corporate ownership at the time of application, or the

subject of an application filed jointly by all owners of the property.

4. The Escalante City Planning Commission shall require such arrangements of structures

and open spaces within the site development plan as necessary to assure that adjacent

properties will not be adversely affected:

                                                                                                                   

A.                                                                                                                                                                                                                                                                                        Density of land use shall in no case be more than twenty-five (25) percent higher than allowed in the zoning district, except not more than ten (10) percent higher in residential districts.

B.                                                                                                                                                                                                                                                                                        Where feasible, least height and density of buildings and uses shall be arranged around the boundaries of the development.

C.                                                                                                                                                                                                                                                                                        Lot area, width, yard, height, density and coverage regulations shall be determined by approval of the site development plan.

 

5. Preservation, maintenance and ownership of required open spaces within the                                 development shall be accomplished by:

A. Dedication of the land as a public park or parkway system, or,

            B. Granting to Escalante City a permanent, open space easement on and over

                       the said private open spaces to guarantee that the open space remain perpetually in                        residential use, with ownership and maintenance being the responsibility of an                                   Owners’ Association established with articles of association and by-laws which are                  satisfactory to Escalante City Council, or,

            C. Complying with the provisions of the Condominium Ownership Act of 1963, Title                      57, Chapter 8, Utah Code Annotated, 1953, as amended, which provides for the                                    payment of common expenses for the upkeep of the common areas and facilities.

 

6. Landscaping, fencing and screening related to the several uses within the

        site and as means of integrating the proposed development into

surroundings shall be planned and presented to the Escalante City           

        Planning Commission for approval, together with other required plans for

        the development.

 

7. The size, location, design and nature of signs, if any, and the intensity

      and direction of area or flood-lighting shall be detailed in the application.

 

8. A grading and drainage plan shall be submitted to the Planning    

        Commission with the application.

 

9. A planting plan showing proposed tree and shrubbery plantings shall be

         prepared for the entire site to be developed.

 

10. The proposed planned unit development shall provide a service or

    facility which will contribute to the general well-being of the neighborhood

          and the community.

 

11. It shall be shown that a proposed use will not be detrimental to the health,

         safety, or general welfare of persons residing in the vicinity of the Planned

          Development.

 

    Application shall be accomplished by a general site plan showing, where

pertinent:

 

A. Dimensions and locations of areas to be reserved and developed for vehicular and pedestrian circulation, parking, public uses such as schools and playgrounds, landscaping, and other open spaces.

 

B. Architectural drawings and sketches outlining the general design and character of the proposed uses and the physical relationship of the uses.

 

C. Such other pertinent information, including residential density, coverage, and open space characteristics, shall be included as may be necessary to make a determination that the contemplated arrangement of buildings and uses makes it desirable to apply regulations and requirements differing from those ordinarily applicable under this Ordinance.

 

9.5 GENERAL SITE PLAN                                                                                                                             

      Application shall be accomplished by a general site plan showing, where pertinent:

 

         1. The use or uses, dimensions, sketch elevations, and location of proposed structures

and;

 

2. Dimensions and locations of areas to be reserved and developed for vehicular and

pedestrian circulation, parking, public uses such as schools and playgrounds, landscaping,

and other open spaces, and;

 

3. Architectural drawings and sketches outlining the general design and character of proposed

        uses and the physical relationship of these uses, and;

 

   Such other pertinent information, including residential density, coverage, and open space

characteristics, shall be included as may be necessary to make a determination that the

contemplated arrangement of buildings and uses makes it desirable to apply regulations and

requirements differing from those ordinarily applicable under this ordinance.

9.6 REVIEW BY PLANNING COMMISSION                                                           

In order that it may approve a Planned Unit Development, the Escalante City Planning

Commission shall have authority to require that the following conditions (among others it

deems appropriate) be met by the applicant:

 

1. That the proponents of the Planned Unit Development have demonstrated to the satisfaction

of the Escalante City Council that they are financially able to carry out the proposed

project.

 

2. That the proponents intend to start construction with one (1) year of the approval of the

project and any necessary zoning district change, and intend to complete said construction,

or approved stages thereof, with four(4) years from the dated construction begins.

 

3. That application for Planned Unit Development in planned districts meets the requirements

of such districts, including the requirements of the general development plan.

 

4. That the development is planned as one complex land use rather than as an aggregation of

individual and unrelated buildings and uses.

 

5. That the development will accomplish the purpose outlined in Section 9-1.

 

9.7 SCOPE OF PLANNING COMMISSION AND CITY COUNCIL ACTION

In carrying out the intent of this Chapter, the Escalante City Planning Commission shall

consider the following principles:

 

         1. It is the intent of this Chapter that site and building plans for a Planned Unit

Development shall be prepared by a designer or team of designers having professional

competence in urban planning as proposed in the application. The Commission may

require the applicant to engage such a qualified designer or design team.

                       

2. It is not the intent of this Section that control of the design of Planned Unit

Development by Escalante City be so rigidly exercised that individual initiative be

stifled and substantial additional expense incurred; rather, it is the intent of this

Section that the control exercised be the minimum necessary to achieve the purpose    

of this Chapter.

 

            3. The Escalante City Planning Commission may recommend approval or

            disapproval of an application for a Planned Unit Development. In recommending                        approval, the City of Escalante Planning Commission may attach such                         

recommendations as it may deem necessary to secure compliance with the purposes

          set forth in Section 9-1. The approval or disapproval of a Planned Unit Development    

rests with the Escalante City Council.

 

            9.8 Construction Limitations

1. Upon approval of a Planned Unit Development, construction shall proceed only in

accordance with the plans and specifications approved by the Escalante City

Council, and in conformity with any conditions attached.

 

            2. Amendments to approved plans and specifications for a Planned Unit                                          Development shall be obtained only by following the procedures here outlined                                   for first approval.

 

            3. The Escalante City Council shall not issue any permit for any proposed building,

structure or use within the project unless such building,   structure, or use is in accordance

with the approval development plan and with any conditions imposed in conjunction

with its approval.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CHAPTER 10. DESIGN REVIEW

 

10.1 Purpose

The purpose and intent of design review is to secure the general purposes of this Ordinance and the Escalante City Master Plan and to ensure that the general appearance of buildings and structures and the development of the land shall in no case be such as would impair the orderly and permitted development of the neighborhood or impair investment in the occupation of the neighborhood.

 

It shall not be the intent of this Chapter to restrict or specify particular architectural design or to specify detail of design, color, or materials proposed by the applicant, except as such detail is of such magnitude as to affect the general appearance and compatibility of the development with its surroundings.

 

10.2 Application & Review

All applications for building permits for all buildings and structures, including single-family dwellings and their accessory buildings, shall be accompanied by architectural and site development plans to scale, which shall show building locations, landscaping, prominent existing trees, general treatment, fences, off-street parking, and circulation, location and size of the adjacent streets, north arrow an property lines, drawings of the major exterior elevations, the building materials, proposed exterior color scheme, existing grades and proposed new grades. All such drawings and sketches shall be reviewed by the Escalante City Planning Commission, except that the review and approval of such permits by the Escalante City Zoning Administrator or Assistant may be authorized by the Escalante City Planning Commission when the application meets all requirements of this Ordinance. All of the above architectural and site development plans shall have been reviewed and approved prior to the issuance of a building permit

 

10.3 Exceptions

For buildings and uses covered by conditional use permits and Planned Unit Development, design review shall be incorporated with such conditional use permit and Planned Unit Development and need not be a separate application, provided the requirements of this Chapter are met.

 

10.4 Planning Commission Approval

The Escalante City Planning Commission, or the Escalante City Zoning Administrator or Assistant when authorized by the Commission, shall determine whether the proposed architectural and site development plans submitted are consistent with this Chapter and with the general objectives of this Ordinance, and shall give or withhold approval accordingly. Denial of approval by the Escalante City Planning Commission may be appealed to the Escalante City Council, as provided for the appeals section of this Ordinance.

 

10.5 Consideration in Review of Applications

The Escalante City Planning Commission and the Escalante City Zoning Administrator or Assistant, when authorized, shall consider the following matters, and others when applicable, in their review of applications:

 

1. Considerations relating to traffic safety and traffic congestion.

A. The effect of the site development plan on traffic conditions on abutting streets.

                                   

            B. The layout of the site with respect to locations and dimensions of vehicular                                  and pedestrian entrances, exists, drives, and walkways.

 

           C. The arrangement and adequacy of off-street parking facilities.

 

            D. The location, arrangement, and dimensions of truck loading and unloading.

 

            E. The circulation patterns within the boundaries of the development.

 

            F. The surfacing and lighting of off-street parking facilities.

 

            2. Consideration relating to outdoor advertising. The number, location, color, size,

height, lighting, and landscaping of outdoor advertising signs and structures in

relation to the creation of traffic hazards and the appearance and harmony with     

adjacent development.

 

3. Consideration relating to landscaping.

A. The location, height, and materials of walls, fences, hedges, screen plantings to coincide with ordinances previously stated with adjacent development, or to

conceal storage areas, utility

installations, or other unsightly development.

 

                        B. The planting of ground cover or other surfacing to prevent dust and erosion.

 

C. The unnecessary destruction of existing healthy trees.

 

4. Considerations relating to buildings and site layout.

A. Consideration of the general silhouette and size, including location on the site,

elevation, and relation to natural plant coverage, all in relationship to the

neighborhood.

 

B. Consideration of exterior design in relation to adjoining structures in height, bulk,                       and area openings, breaks in faced facing on the street (or streets), line and pitch

of roofs, and the arrangement of structures on the parcel.

 

10.6 Conditions

The Escalante City Planning Commission or the Escalante City Zoning Administrator or Assistant,

when authorized, shall decide all applications for design review. Design approval may include such

conditions consistent with the consideration of this Chapter as the Escalante City Planning

Commission or Escalante City Zoning Administrator or Assistant deem reasonable and necessary

under the circumstances to carry out the intent of this Chapter.

 

10.7 Findings and Decisions

Upon a finding by the Escalante City Planning Commission or the Escalante City Zoning Administrator or Assistant, when authorized, that the application meets the intent of this Chapter, the design approval shall be granted, subject to such conditions as are necessary; otherwise, approval shall be denied.

 

10.8 Notification of Approval or Denial

Upon the granting of design approval, the Escalante City Recorder shall prepare and mail or deliver to the applicant a formal statement thereof, stating the fact of the grant and any conditions attached thereof, or the fact of denial and the reason therefore.

 

10.9 Time Limitations on Approval

If construction for any development for which design approval has been granted has not been commenced with one (1) year from date of notification of approval, the approval shall be deemed automatically revoked. Upon application, an extension of time may be granted by the Escalante City Planning Commission or by the Escalante City Zoning Administrator or Assistant, when authorized.

 

10.10 Transfer of Approval upon Change in Use

Design approval shall be deemed revoked if the buildings erected or the classification of their use or the classification of the use of land for which the approval was granted is changed, unless the approval is transferred by the Escalante City Planning Commission, or the Escalante City Zoning Administrator or Assistant, when authorized to do so. If the transfer is not approved, a new application must be filed.

 

10.11 Conformance to Approval and Modification

Development for which design approval has been granted shall conform to the approval and any conditions attached thereto. Upon request of the applicant, modifications in the approved plan may be made by the Escalante City Planning Commission or the Escalante City Zoning Administrator or Assistant, when authorized to do so, if it is found that the modifications meet with the requirements of this Chapter. The Escalante City Planning Commission may revoke or modify a design approval which does not conform to any requirements of the approved permit.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CHAPTER 11. PERFORMANCE STANDARDS FOR INDUSTRIAL AND OTHER USES

 

11.1 Purpose

To permit potential nuisances from industrial or other uses to be measured factually and objectively in terms of the potential nuisance itself; to ensure that all uses will provide necessary control methods for protection from hazards and nuisances which can be prevented by modern processes of control and nuisance elimination; to protect any use from arbitrary exclusion based solely on the characteristics of uncontrolled production of this type of use in the past.

 

11.2 General Provisions

No land or building in any district shall be used or occupied in any manner so as to create dangerous, injurious, noxious or otherwise objectionable fire, explosive, or other hazard; noise or vibration, smoke dust, odor, or other form of air pollution; heat, cold, dampness, glare, electrical or other disturbances; liquid or solid refuse or wastes; or other substance, condition or element in such a manner or in such an amount as to adversely affect the surrounding area or adjoining premises. The foregoing are hereinafter referred to as “dangerous or objectionable elements.” No use shall be undertaken or maintained unless it conforms to the regulations of this Section in addition to the regulations set forth for the district in which such use is situated.

 

11.3 Performance Standards Procedure

The Escalante City Planning Commission or the Escalante City Zoning Administrator or Assistant, when authorized, may require performance standards review for any use in any district when there is reason to believe that such use, or the manner of its operation will not or may not conform to the performance standards of this Chapter.

 

11.4 Enforcement Provisions Applicable to All Uses

Initial and continued compliance with performance standards is required of every use; and provisions for enforcement of continued compliance with said standards shall be invoked by the Escalante City Planning Commission or the Escalante City Zoning Administrator or Assistant, when authorized, against any use if there are reasonable grounds to believe that performance standards are being violated by such use.

 

11.5 Locations Where Determinations are to be made for Enforcement of Performance Standards

The determination of the existence of dangerous and objectionable elements shall be made at the location of the use creating the same and at any points where the existence of such elements may be most apparent; provided, however, that the measurements having to do with noise, odors, vibration, or glare shall be taken at the following points of measurement:

 

                        1. In any district, except in I District, at the lot line of the establishment or use.

 

                        2. In an I District at one or more points five hundred (500) feet from the

establishment or use, or at the boundary or boundaries of the District, of

closer to the establishment or use, or at the closest point within an adjacent

district other than I District.                                   

 

11.6 Dangerous and Objectionable Elements

                        1. Odors. No emission of odorous gases or other matter shall be permitted in

such quantities as to be readily detectable when diluted in the ratio of one volume of odorous air to four of clean air at the point of greatest concentration. Any process involving creation or emission of any odors shall be provided with a secondary safeguard system, so control will be maintained if primary safeguard system should fail.

 

2. Glare. No direct or shy-reflected glare, whether from flood lights or from

                   high temperature processes such as combustion or welding or otherwise,

                   shall be permitted without taking reasonable precautions to screen excess

                   light. This restriction shall not apply to signs or lighting of buildings or

grounds for protection as otherwise permitted by the provisions of this

                   Ordinance.

 

                       3. Fire and Explosion Hazards. All activities involving, and all storage of                            flammable and explosive materials, shall be provided at any point with                          adequate safety devices against the hazard of fire and explosion.

 

                        4. Radioactivity or Electronic Disturbances. No activities shall be permitted                                    which emit dangerous radioactivity at any point, or electrical disturbance                              adversely affecting the operation of any equipment other than that of the                         creator of such disturbance.

 

5. Smoke. No emission shall be permitted from any chimney or other source,

of smoke or gases except in accordance with air pollution provisions of the

Utah State Board of Health.

 

                        6. Fly Ash, Dust, Fumes, Vapors, Gases, and Other Forms of Air Pollution.

No emission shall be permitted except in accordance with air pollution

provisions of the Utah State Board of Health.

 

                        7. Liquid or Solid Wastes. No discharge at any point into public sewer,

                        private sewage system, or stream, or into the ground shall be permitted,

except in accordance with the standards approved by the Utah State Board of Health or standards equivalent to those approved by such Department. No materials or wastes shall be deposited on any property in such form or manner that they may be transferred off the property by natural causes or forces, and any wastes which might be attractive to rodents or insects shall be stored outdoors only in closed containers.

 

 

 

 

 

 

 

CHAPTER 12. CONSTRUCTION SUBJECT TO GEOLOGIC, FLOOD, OR OTHER NATURAL HAZARDS

 

12.1 Purpose

To protect the general public from geologic, flood, or other natural hazards that might be detrimental to the health, safety, and general welfare of the residents of Escalante City. Any application for a conditional use or building permit which has, in the opinion of the Escalante City Planning Commission or the Escalante City Zoning Administrator or Assistant, when authorized, potential soils, earthquake, flood or other discernible hazards may be required to provide a report addressing such hazards.

 

12.2 Requirements

            1. The report shall be prepared at the applicant's expense by a registered or                          licensed geologist, soils engineer, or civil engineer, and shall show the                                   suitability of the soils on the property to accommodate the proposed                                            construction, and any discernible flood or earthquake hazards.

 

            2. Whenever a professional expert indicates a parcel may be subject to a potential                or actual hazard, the applicant shall meet the special conditions required by the                   Escalante City Planning Commission or the Escalante City Zoning Administrator or

Assistant, when authorized, to reduce or eliminate such hazards.

CHAPTER 13 – MOBILE HOMES, MOBILE HOME PARKS, AND MOBILE HOME SUBDIVISIONS

 

13.1                                                                                                                                                                                                                                                                                                                                                          Purpose

To require that mobile home developments will be of such character as to promote the objectives and purposes of this Ordinance; to protect the integrity and characteristics of the districts contiguous to those in which mobile home parks are located; and to protect other use values contiguous to or near mobile home park uses.

 

13.2 Location and Use

No mobile home shall be located, placed, used, or occupied in any district other than within an approved mobile home park or mobile home subdivision where allowed within the zoning district, except that mobile homes may be stored, displayed, and sold in commercial and manufacturing districts, but not occupied except in mobile home parks or mobile home subdivisions, except that mobile homes approved by the Escalante City Planning Commission or the Escalante City Zoning Administrator or Assistant, when authorized, may be located on bona fide agricultural lands as housing for families or employees of the farm or ranch operation, provided that the agricultural acreage shall not be less then forty (40) acres for irrigated lands and one hundred sixty (160) acres for non-irrigated lands.

 

13.3 Approval

Mobile home parks may not be constructed unless first approved by the Escalante City Council, after review of plans for said mobile home park by the Escalante City Planning Commission which shall ensure that the said development will:

            1. Be located on a parcel of land containing not less than five (5) acres, or

on two (2) or more parcels separated by a street or ally only, and totaling                        

at least five (5) acres.

 

2. Have at least five (5) spaces completed and ready for occupancy before                           first occupancy is permitted.

 

            3. Be connected to the municipal facilities of Escalante City.

           

            4. Be developed according to plans prepared by a professional team. In all

            cases is it recommended that professional design and assistance be                                               obtained early in the development process including, as needed, a                                               geologist or soils engineer, an urban planner, a lawyer, a financial expert,                                    etc. It is the intent of Escalante City that the developer resolve

            identified problems associated with the development before approval is                            given and construction begins. Determination of qualifications of                                               required professional individuals or firms shall be made by the Escalante City

Planning Commission.

 

            5. The number of mobile homes in a mobile home park shall be limited to                            seven (7) units per acre. The mobile homes may be clustered, provided                                     that the total number of units does not exceed the number permitted on    

            one (1) acre, multiplied by the number of acres in the development. The                          remaining land not contained in individual lots, roads, or parking, shall           

            be set aside and developed as parks, playground, and service areas for                                         common use and enjoyment of the occupants of the development and of                          the visitors thereto.

 

13.4     Application

            1. An overall plan for development of a mobile home park shall be                                       submitted to the Escalante City Planning Commission for review. The

            plan shall be drawn to scale no smaller than one (1) inch to fifty (50) feet.                                   At least six (6) copies of the plan shall be submitted. The plan shall                                            show:

A. The topography of the site represented by contours, shown at not

            greater intervals than two (2) feet when required by the Escalante City

Planning Commission.

B. The proposed street and mobile home space layout.

C. Proposed reservations for parks, playgrounds, and open space.

D. Tabulations showing percent of area to be devoted to parks,    

playgrounds, and open spaces, mobile home spaces, and total area to  

be developed.

            E. Proposed locations of parking spaces.

            F. Generalized landscaping and utility plan including locations of sewer,                          water, electricity, gas lines, and fire hydrants.

            G. Any other data the Escalante City Planning Commission may                                      require.

 

            2. The applicant shall pay to Escalante City at the time of application a

            plan review fee, in addition to all other required fees. The plan review fee                                   shall be as established by the Escalante City Council.

 

            3. Applications for approval shall be in writing, submitted to the                                                       Escalante City Planning Commission at its regular meeting and shall be                                           recommended for approval or disapproval to the Escalante City Council                           within thirty (30) days, unless an extension of time is approved by the

            Escalante City Planning Commission. An application recommended for approval                        or disapproval by the Escalante City Planning Commission shall be                                               submitted to the Escalante City Council, which decision must be made in                                     writing within fourteen (14) days after the recommendation is submitted by the               Escalante City Planning Commission to the Escalante City Council.

 

13.5 Code Compliance

All mobile homes and mobile home parks shall comply with the applicable Utah State Codes for mobile homes and mobile home parks.

 

13.6 Exception

            1. Mobile homes may be located in RR-1, RR-1-10, and RR-1-20 Districts                                                 provided that they meet all zoning requirements and the following                                                           requirements.

            A. Each mobile home must be a minimum of 10 (ten) feet in width in its                                      original construct, not including porches, awnings, outbuildings, or                                                     any other type of addition, and must have a minimum of five hundred                                     (500) square feet.

            B. Each mobile home must be set on a permanent, concrete or masonry                                        foundation with adequate footings. All mobile homes shall be skirted                               and the skirting must completely surround the base of the home.

            C. All zoning and health requirements must be complied with.

 

2. All newly established mobiles homes must be in compliance with the

provisions herein before occupancy may begin. However, permits may be

obtained for non-complying mobiles homes with a conditional use permit not to

exceed one year.   

 

13.7 Standards and Requirements

Standards and requirements for mobile home parks shall be as provided in the Mobile Home Park Ordinance, subsequent to the effective date of adoption, by Escalante City.

 

13.8 Conformity with Other Ordinances

Mobile Home subdivisions shall conform to the requirements of the Escalante City Subdivision and other ordinances, as applicable.

 

13.9 Ordinance review

The Escalante City Planning Commission shall review this chapter annually.

CHAPTER 14 – RECREATIONAL COACHES AND RECREATIONAL COACH PARKS

 

14.1 Purpose

To permit development of facilities for recreational coaches in appropriate districts and to require that accommodations will be of such character as to promote the objectives and purpose of this Ordinance, to protect the integrity and character of the district contiguous to those in which recreational coach parks are located, and to protect other use values contiguous to or near recreational coach park uses.

 

14.2 Location and Use

1. No recreational coach as herein defined shall be located, placed, used, or                          occupied for residential purposes in any district except within approved and                             licensed recreational coach parks and except as otherwise provided herein.

 

            2. Recreational coach parks shall be generally located:

           A. Adjacent to or in close proximity to a major traffic artery or highway.

            B. Near adequate shopping facilities.

            C. Within or adjacent to a mobile home park.

 

            3. No individual space in a recreational coach park shall be used by one                                           individual coach for more than one hundred twenty (120) consecutive days,                                 nor shall such space be rented or leased to any one (1) individual for a period                              longer than one hundred twenty (120) days.

 

            4. Recreational coaches may be stored, but not used for permanent living                                         quarters.

 

            5. Recreational coaches may be stored, displayed, sold, and serviced, but not                                   used for living quarters, in a sales lot in a Commercial or Manufacturing                                    district when such use is a permitted or a conditional use.

 

            6. Recreation coaches may be accommodated in an approved and licensed                            mobile home park, provided that:

 

            A. The recreational coach park portion of the development is separated                                         by barriers, screens, or some other measure from the area of mobile                                             homes.

            B. The recreational coach use area shall have direct access to a collector                           or arterial street.

            C. Separate ingress and egress shall be provided for recreational coaches                                     when required by the Planning Commission.

 

            7. Recreational coach parks shall be connected to the municipal facilities of                          Escalante City.

 

14.3 Approval

A recreational coach park may not be constructed unless approved by the Escalante City Council,

after review of plans for said park by the Escalante City Planning Commission which ensures that the proposed development will:

 

            1. Be in keeping with the general character of the district where it is proposed to                              be located.

 

            2. Be located on a parcel of land containing not less than two (2) acres, unless                                 attached to a mobile home park, in which case no minimum area is required.

 

            3. Have at least five (5) spaces ready for occupancy before first occupancy is                                  permitted.

 

            4. Meet all standards and requirements of this Ordinance and of the Recreational                             Coach Park Ordinance upon its adoption.

 

            5. Meet all requirements of the State of Utah Code of Camp, Trailer Court,                          Hotel, Motel, and Resort Sanitation Regulations (26-15-2) which are

intended to apply to trailer, camper, and tent camps as defined in such Code.

 

            6. Be designed by a qualified designer or design team. The determination of                                   qualifications of such required professional individuals or firms shall be made                                  by the Escalante City Planning Commission.

 

            7. Contain no more than twenty (20) units per acre. The spaces may be                                           clustered, provided that the total number of units does not exceed the number                           permitted on one (1) acre, multiplied by the number of acres in the                                               development. The remaining land not contained in individual trailer spaces,                                 roads or parking, shall be set aside and developed as park, playground, or                              service areas for the common use and enjoyment of the occupants of the                          development and of visitors thereto.

 

14.4 Application

            1. An overall plan for development of a recreational coach park shall be                                           submitted to the Escalante City Planning Commission for review. The                                      plan shall be drawn to a scale not smaller than one (1) inch to fifty (50) feet.                               At least six (6) copies of the plan shall be submitted. The Plan shall show:

 

            A. The topography of the site, when required by the Escalante City Planning                               Commission, represented by contours shown at not greater than ten                                       (10) foot intervals.

 

            B. The proposed street and trailer or coach space pad layout.

 

            C. Proposed reservations for parks, playgrounds and open spaces, and                                        tabulations showing the percent of area to be devoted to parks,                                         playgrounds and open space, trailer spaces, and total                                                            area to be developed.

 

            D. Proposed location, number and design of parking spaces.

 

            E. Generalized landscaping and utility plan, including location of sewer,                          water, electricity, gas lines, and fire hydrants.

 

            F. Any other data the Escalante City Planning Commission may                                      require.

CHAPTER 15 – ZONING DISTRICTS

 

15.1 Establishment of Zoning Districts

For the purposes of this Ordinance, the territory of Escalante City to which this Ordinance applies is divided into eight (8) zoning districts as follows:

 

1	Agricultural	A-5
2	Rural Residential	RR-1
3	Residential	RR-1-20
4	Residential	RR-1-10
5	Multiple Residential	R-M-7
6	Mobile Home	M-H
7	Commercial Residential	C-R
8	Manufacturing & Distribution	M-D

 

15.2 Listing of Ordinance and Map

This Ordinance and map shall be filed in the custody of the Escalante City Recorder and may be examined by the public subject to the reasonable regulations established by said clerk.

 

15.3 Rules for Locating Boundaries

Where uncertainty exists as to the boundaries of districts as shown on Escalate City maps, the following shall apply:

 

            1. Boundaries indicated as approximately following the center-line of streets,                                   highways, or alleys shall be construed to follow such center-line and in the                                event of change in the center-line shall be construed as moving with the                                     center-line.

 

            2. Boundaries indicated as approximately following the right-of-way lines of                                   streets, highways, or alleys shall be construed to follow such right-of-way                                    lines, and in the event of a change in the right-of-way line shall be construed                               as moving with the right-of-way line.

 

            3. Boundaries indicated as approximately following the center-line of streams,                                 rivers, canals, or other bodies of water, or flood control channels, shall be                               construed to follow such center-line and in the event of change of center-line                               shall be construed as moving with the center-line.

 

            4. Boundaries indicated as approximately following platted lot lines shall be                                    construed to follow such lot lines.

 

            5. Boundaries indicated as parallel to, or extensions, of features indicated in                                     subsections 1 through 4 above shall be so construed. Distances not                                        specifically indicated on the official map shall be determined by the scale of                                 the map.

 

            6. In case any further uncertainty exists, the Escalante City Board of                                                Adjustments shall determine the location of such boundaries.

 

            7. Boundaries of each of the said zones are hereby established as described                                     herein or as shown on the map entitled Escalante City Zoning Map which                              map is on file with the Escalante City Recorder and all boundaries shown                                    thereon are made by this reference a part of this Ordinance

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CHAPTER 16 – AGRICULTURAL DISTRICT (A-5)

 

16.1 Purpose

To provide permanent areas for agricultural development.

 

16.2 Permitted Uses

            1. Agriculture

            A. Tilling of the soil, the raising of crops, horticulture, and gardening.                 

           B. Animals, including fowl, for recreation or for family food production                     for the primary use of persons residing on the premises or for                                     commercial production and sale.

           

2. Single-family dwellings.

 

            3. Household pets.

 

            4. Stabling livestock.

 

            5. Accessory buildings and uses.

 

16.3 Conditional Uses

            1. Churches.

 

            2. Schools.

            3. Parks & Public Buildings.

                                   

            4. Public Utilities.

            5. Public Riding Stables.

 

            6. Public Kennels.

            7. Living Quarters for hired hands, seasonal laborers, or other receiving                                          compensation for work performed on site.

            8. Bed and Breakfast Establishments and Holiday Homes.

16.4 Height Regulations

No building shall be erected to a height greater than two and one-half (2.5) stories or thirty-five (35) feet without a conditional use permit. Height regulations for conditional uses shall be determined on a case-by-case basis and do not have to be renewed each year.

 

16.5 Minimum Area, Width & Yard Requirements

 

			Yards In Feet
Zone	Minimum area	Minimum width	Front	Side	Rear
A-5	6 Acres	300’	25’	15’	30’

16.6     Signs

Signs permitted in the rural resident district shall be limited to the following:

            1. One (1) identification sign, not to exceed sixteen (16) square feet in sign area.

 

            2. One (1) development sign, not to exceed eight (8) square feet in sign area.

 

            3. One (1) civic sign, not to exceed sixteen (16) square feet in sign area.

 

            4. One (1) real estate sign, not to exceed eight (8) square feet in sign area.

           

            5. One (1) residential sign, not to exceed two (2) square feet in sign area.

 

16.7 Modifying Regulations

            1. Side Yard setbacks (street side) on corner lots shall be the same as the front                                 yard.

            2. Accessory buildings may have a side yard and rear yard of two (2) feet except                             on the street side of the corner lot.

         

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CHAPTER 17 – RURAL RESIDENTIAL DISTRICT (RR-1)

 

17.1 Purpose

To provide area for small farming activities, hobby farms and united agricultural development.

 

17.2 Permitted Uses

            1. Agriculture.

            A. Tilling of the soil, the raising of crops, horticulture, and gardening.

 

            B. Animals and fowl for recreation or for family food production for the

            primary use of persons residing on the premises.

                                   

            2. Single-family dwellings.

           

            3. Mobile Homes.

           

            4. Private stables, corrals, chicken coops or pens.

           

            5. Accessory uses and buildings customarily incidental to the permitted use.

 

            6. Planned Unit Development.

           

17.3 Conditional Uses

            1. Agricultural business or industry.

           

            2. Business or industry serving primarily agricultural concerns.

           

            3. Nursery or greenhouse, excluding any building or structure for retail business                             separate from the greenhouse growing facility.

           

            4. Public stables.

           

            5. Kennels.

           

            6. Home Occupation.

           

7. Public utilities, essential facilities.

           

            8. Accessory uses and buildings customarily incidental to the conditional use.

 

9. Bed and Breakfast establishments and Holiday Homes.

 

17.4 Height Regulations

No buildings may exceed two and one-half (2.5) stories or thirty-five (35) feet in height. No dwelling shall be less than one (1) story in height.

 

 

 

17.5     Minimum Area, Width, & Yard Requirements

			Yards In Feet
Zone	Minimum area	Minimum width	Front	Side	Rear
RR-1	½ acre	150’	25’	10’	10’

 

17.6     Signs

Signs permitted in the rural resident district shall be limited to the following:

            1. One (1) identification sign, not to exceed sixteen (16) square feet in sign area.

 

            2. One (1) development sign, not to exceed eight (8) square feet in sign area.

 

            3. One (1) civic sign, not to exceed sixteen (16) square feet in sign area.

 

            4. One (1) real estate sign, not to exceed eight (8) square feet in sign area.

           

            5. One (1) residential sign, not to exceed two (2) square feet in sign area.

 

17.7 Modifying Regulations

            1. Side yard – On corner lots, the side yard which faces on a street shall be not                                less than twenty-five (25) feet.

 

            2. Rear yard – all accessory buildings shall be located at the rear of, and at least                               ten (10) feet from, the main building and shall have a rear yard setback of at                              least ten (10) feet.

 

            3. Any stable, corral, chicken coop, pen, or run in which animals or fowl are                                   maintained shall be at least fifty (50) feet from any neighboring residential structure.

 

 

 

 

 

 

 

 

 

 

 

CHAPTER 18. SINGLE-FAMILY RESIDENTIAL DISTRICT

(RR-1-20)

 

18.l Purpose

To provide and protect areas for low-density, single-family neighborhoods, while permitting the limited establishment of public and quasi-public uses which serve the requirements of families.

 

18.2 Permitted Uses

            1. Agriculture

A. Tilling of the soil, the raising of crops, horticulture, and gardening.

B. Animals and fowl for recreation or for family food production for the

primary use of persons residing on the premises.

           

            2. Single-family dwellings.

 

            3. Mobile homes.

 

            4. Private stables, corrals, chicken coops, or pens.

 

            5. Accessory uses and buildings customarily incidental to the permitted use.

 

18.3 Conditional Uses

            1. Home occupation.

 

            2. Licensed child day care or nursery.

 

            3. Park or playground.

 

            4. Golf Course.

 

            5. Public Utilities, essential facilities.

            6. Public buildings.

 

            7. Private Recreational grounds and facilities.

 

            8. Planned Unit Development.

 

9. Bed and Breakfast establishments and Holiday Homes.

18.4 Height Regulations

No building may exceed two and one-half (2.5) stories or thirty-five (35) feet in height above existing grade. No dwelling shall be less than one (1) story in height.

 

 

 

 

 

18.5     Minimum Area, Width, and Yard Requirements

 

			Yards In Feet
Zone	Minimum area	Minimum width	Front	Side	Rear
RR-1-20	½ acre	120’	25’	10’	10’

 

18.6 Signs

Signs permitted in the single-family residential district shall be limited to the following:

 

            1. One (1) identification sign, not to exceed sixteen (16) square feet in sign area.

 

            2. One (1) civic sign, not to exceed sixteen (16) square feet in sign area.

 

            3. One (1) development sign, not to exceed eight (8) square feet in sign area.

 

            4. One (1) Real Estate sign, not to exceed eight (8) square feet in sign area.

 

            5. One (1) residential sign, not to exceed two (2) square feet in sign area.

 

18.7     Modifying Regulations

            1. Side Yards

A. Main buildings, other than dwellings, shall have a minimum side yard of ten (10) feet,

and the total of the two side yards shall be a minimum of twenty (20) feet.

 

            B. Private garages and other accessory buildings if not attached located at least ten (10) feet

            behind the main building may have a side yard of two (2) feet, except that the                        street side yard of the corner lot shall be the same as the front yard setback                          required for that district.

 

            2. Rear yards – private garages and accessory buildings if not attached located at least ten (10)

          feet behind the main building may have a rear yard of two (2) feet, provided that on corner

lots abutting on the side of another lot, the minimum rear yard for all buildings shall be the

same as the minimum side yard requirements of the zoning district.

CHAPTER 19. SINGLE-FAMILY RESIDENTIAL DISTRICT

(RR-1-10)

 

19.1 Purpose

To provide and protect areas for low-density, single-family neighborhoods, while permitting the limited establishment of public and quasi-public uses which serve the requirements of families.

 

19.2 Permitted Uses

            1. Horticulture and gardening for personal use.

 

            2. Single-family dwellings of at least 1,000 square feet.

 

            3. Household pets.

 

            4. Accessory uses and buildings incidental to the permitted use.

 

19.3     Conditional Uses

            1. Home occupation.

 

            2. Licensed child day care or nursery.

 

            3. Park or playground.

 

            4. Public utilities, essential services.

 

            5. Public Buildings.

 

19.4     Height Regulations

No building may exceed two and one-half (2.5) stories or thirty-five (35) feet in height above existing grade. No dwelling shall be less than one (1) story in height.

 

19.5     Minimum Area, Width, & Yard Requirements

 

			Yards In Feet
Zone	Minimum area	Minimum width	Front	Side	Rear
RR-1-10	¼ acre	80’	25’	10’	10’

 

 

19.6     Signs

Signs permitted in the single-family residential district shall be limited to the following:

 

            1. One (1) identification sign, not to exceed sixteen (16) square feet in sign area.

 

            2. One (1) civic sign, not to exceed sixteen (16) square feet in sign area.

 

            3. One (1) development sign, not to exceed eight (8) square feet in sign area.

 

            4. One (1) Real Estate sign, not to exceed eight (8) square feet in sign area.

 

            5. One (1) residential sign, not to exceed two (2) square feet in sign area.

 

19.7        Modifying Regulations

1. Side Yards

            A. Main buildings other than dwellings shall have a minimum side yard of ten (10) feet, and

the total of the two side yards shall be a maximum of twenty (20) feet.

            B. Private garages and other accessory buildings located at least ten (10) feet                               behind the main building may have a side yard of two (2) feet, except that the                      street side yard of the corner lot shall be the same as the front yard setback                             required for that district.

 

            2. Rear yards – private garages and accessory buildings located at least ten (10) feet                        behind the main building may have a rear yard of two (2) feet, provided that on corner        lots abutting on the side of another lot, the minimum rear yard for all buildings shall be the same as the minimum side yard requirements of the zoning district.

CHAPTER 20. MULTI-FAMILY RESIDENTIAL DISTRICT(R-M-7)

 

20.1 Purpose

To provide and protect areas for medium density, residential neighborhoods while allowing limited establishment of public and quasi-public uses which serve the requirements of the neighborhood.

 

20.2 Permitted Uses

            1. Horticulture and gardening for personal use.

 

            2. Single-family dwelling.

 

            3. Two-family dwelling.

 

            4. Household pets.

 

            5. Accessory uses and buildings customarily incidental to permitted uses.

 

20.3     Conditional Uses

            1. Dwellings

A. Three-family dwellings.

     

B. Four-family dwellings.

     

C. Multi-family dwellings.

 

            2. Home occupation.

           

            3. Licensed child day care or nursery.

 

            4. Park or playground.

 

            5. Public Utilities, essential services.

 

            6. Accessory uses and buildings customarily incidental to conditional uses.

 

            7. Planned Unit Development.

 

20.4     Height Regulations

No main building shall exceed two and one-half (2.5) stories or thirty-five (35) feet in height above existing grade. No dwelling structure shall be less than one (1) story.

 

20.5     Density Regulations

The density shall not exceed the densities given in the following table:

 

Units	R-M-7
First Unit	¼ acre
Each Additional Unit	4,000 sq ft

 

20.6     Area, Width, and Yard Requirements

 

			Yards in Feet
Zone	Minimum Area	Minimum width	Front	Side	Rear
R-M-7	¼ acre	100’	25’	10’	10’

 

20.7     Signs

Signs permitted in the multi-family residential district shall be limited to the following:

 

            1. One (1) civic sign, not to exceed sixteen (16) square feet in sign area.

 

            2. One (1) development sign, not to exceed eight (8) square feet in sign area.

 

            3. One (1) Real Estate sign, not to exceed eight (8) square feet in sign area.

 

            4. One (1) residential sign, not to exceed two (2) square feet in sign area for the                              resident of a building, and

 

            5. One (1) residential sign, not to exceed eight (8) square feet for name and                                     address of a multiple-family residential building.

 

20.8     Modifying Regulations

            1. Area – The minimum lot area shall ¼ acre (10,000 square feet) for          

            the first one-family dwelling, with four thousand (4,000) square feet for each                              additional dwelling unit.

 

            2. Side Yards – Side yard setback on a street yard of a corner lot shall be the                                   same as the front yard setback required for the district.

 

            3. Private garages and accessory buildings located at least ten (10) feet behind                                 the main building may have a side yard of two (2) feet provided that all                                   corner lots maintain a setback of twenty-five (25) feet on the street side.

 

            4. Rear Yards – Private garages and accessory buildings located at least ten (10)                              feet behind the main building may have a rear yard of two (2) feet, provided                              that on corner lots rearing the side of another lot the minimum rear yard for                                 all buildings shall be the same as the minimum side yard requirement of the                                zoning district.

Chapter 21  M-H MOBILE HOME DISTRICT

 

21.1  Purpose

The purpose of this chapter is to provide for the development of mobile home parks which will promote the objectives and purposes of this title and to protect the integrity and characteristics of the districts contiguous to mobile home parks. The minimum mobile home project size shall be five acres.

(Prior code § 20-1)

21.2  Permitted Uses

1. The following are permitted uses in the M-H district:

2. Mobile home subdivision;

3. Mobile home park;

4. Household pets;

5. Accessory uses and buildings customarily incidental to the above;

6. The tilling of the soil, the raising of crops horticulture, and gardening;

7. Planned unit development.

21.3  Conditional uses

1. The following are conditional uses in the M-H district:

2. School;

3. Recreational vehicle park;

4. Public buildings;

5. Public utilities;

6. Parking lots;

7. Parks and playgrounds;

8. Planned unit development;

9. Home occupation

21.4     Height regulations

No main building shall exceed two and one-half stories or thirty-five feet in height. No dwelling shall be less than one story in height.

21.5     Area and location requirements

The mobile home park shall be designed and established for the accommodation of mobile homes, and that said mobile home park, as planned, designed and constructed shall have the following minimum requirements for area and location:

A.   The front of the mobile home park area shall face street or highway; and shall have a

frontage setback of twenty-five feet from the property line, with a wall or hedge fence

installed at permissible heights along the front of the mobile home park at the twenty-five

foot setback line, with the area between the aforesaid hedge or fence and street sidewalks

to be planted into lawn or otherwise beautified.

B.   The side area and back portion of the mobile home park shall have constructed a sixty

percent sight-obscuring fence or wall, six feet in height.

C.   A hard-surfaced street of a minimum width of at least twenty-five feet shall be constructed

and provided within the area, with access to each and every mobile home unit parking area.

D.   Each mobile home unit shall be set back from the aforesaid hard-surfaced street at least

five feet.

E.   There shall be provided a separation area between each mobile home unit parking area

of at least fifteen feet; and a minimum of thirty feet frontage per parking unit.

F.   There shall be provided for the parking of each and every mobile home unit a

hard-surfaced area constructed of either concrete or oiled mulch.

G.   There shall be constructed a sidewalk or walkway area along the hard-surfaced

area or street, with ingress and egress areas to each and every mobile home unit

parking area.

H.   Each mobile home site shall be designed to accommodate at least ten mobile-homes.

 

21.6  Safety sanitation and ornamental requirements

Each mobile home park area shall contain and provide the following minimum requirements for safety, sanitation, and ornamental purposes:

A.   Each mobile home unit parking area shall be provided with adequate water supply line

in accord with the municipal ordinances so made and provided; and each mo