Title 24 Zoning

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Title 24 Zoning

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TITLE 24 -- ZONING
Chapter 01 - General Provisions

TITLE 24 PAROWAN CITY ZONING ORDINANCE

AN ORDINANCE AMENDING A ZONING LAW, REGULATING BY DISTRICTS OR ZONES THE LOCATION, HEIGHT, BULK AND SIZE OF BUILDINGS AND STRUCTURES, THE PERCENTAGE OF LOTS WHICH MAY BE OCCUPIED, THE SIZE OF YARDS, COURTS AND OTHER OPEN SPACES, THE USE OF BUILDINGS AND STRUCTURES, AND THE USE OF LAND FOR TRADE, INDUSTRY, RESIDENCES, RECREATION, PUBLIC ACTIVITIES, OR OTHER PURPOSES; PROVIDING FOR ADMINISTRATION AND ENFORCEMENT; PROVIDING PENALTIES FOR ADMINISTRATION AND ENFORCEMENT; PROVIDING PENALTIES FOR VIOLATION THEREOF; AND DECLARING AN EMERGENCY.

BE IT ORDAINED BY THE PAROWAN CITY COUNCIL OF PAROWAN, UTAH, AS FOLLOWS:

CHAPTER 1. GENERAL PROVISIONS Section 1-1. Short Title Section 1-2. Purpose Section 1-3. Interpretation Section 1-4. Conflict Section 1-5. Effect on Previous Ordinances and Maps Section 1-6. Building Permits Required; Must Comply with Ordinance Section 1-7. Occupancy Permit Required Section 1-8. Site Plans Required Section 1-9. Inspection Section 1-10. Enforcement Section 1-11. Nuisance and Abatement Section 1-12. Penalties Section 1-13. Severability Section 1-14. Amendments Section 1-15. Hearing and Publication and Notice Before Amendment Section 1-16. Fees Section 1-17. Annexations

1-1. Short Title.

This Ordinance shall be known as the "Zoning Ordinance" of Parowan and may be so cited and pleaded.

1-2. Purpose.

This Ordinance is designed and enacted to promote the health, safety, convenience, and general welfare of the present and future residents of the City of Parowan. The Ordinance shall encourage sanitation; prevent the over-crowding of land; reduce hazards from floods, fires, accidents, and other dangers; provide adequate provisions for transportation, water, sewage disposal, schools, parks and other public conveniences and requirements; prevent excessive scattering of urban development; improve property values; promote beauty in the community; improve and safeguard the economic base; reduce the cost of providing essential public services; and development of a wholesome, well-ordered City as set forth as goals in the Parowan City Master Plan.

1-3. Interpretation.

In interpreting and applying the provisions 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 provisions of covenants, agreements, or other ordinances or laws, but shall prevail notwithstanding such provisions which are less restrictive.

1-5. Effect on Previous Ordinances and Maps.

Any existing ordinances covering zoning, in their entirety and including the maps heretofore adopted and made a part of said ordinances are hereby superseded and amended to read as set forth herein; provided, however, that this Ordinance, including the attached map, shall be deemed a continuation of previous ordinances and not a new enactment, insofar as the substance of revisions of previous ordinances is included in this Ordinance, whether in the same or in different language; and this Ordinance shall be so interpreted upon all questions of construction relating to tenure of officers and boards established by previous ordinances and to questions of conforming or nonconforming uses and buildings and structures, and to questions as to the dates upon which such uses, buildings, or structures became conforming or nonconforming.

1-6. Building Permits Required; Must Comply with Ordinance.

No person, firm, or corporation, or the agent of either, shall erect, construct, reconstruct, alter, repair, or remove any building or other structure in Parowan City without having first obtained a written building and zoning permit from the Parowan City Building Inspector. The Building Inspector or any other City Official shall not grant a permit for the erection, construction, reconstruction, or alteration of any building or structure if such building or structure would be in violation of any provisions of this Ordinance. Any permit granted in violation of this or any other applicable City Ordinance shall be null and void.

1-7. Occupancy Permit Required.

A permit of occupancy shall be issued by the Parowan City Building Inspector 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 the use or character of any building or land is to be changed. Upon written request from the owner, a zoning certificate shall be issued covering any lawful use of buildings or premises existing on the effective date of this amendment, including non-conforming buildings and uses.

1-8. Site Plans Required.

A detailed site plan, with scale & sheet size determined by the Parowan City Planning Commission or the Parowan City Zoning Administrator, when authorized, shall be filed as part of any application, prior to 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 all 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 determined by the Parowan City Council.

(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 building and owner

(9) All other information required as determined by the Parowan City Planning Commission or the Parowan City Zoning Administrator when authorized

1-9. Inspection.

The Parowan City Zoning Administrator is authorized to inspect or to have inspected the location and uses of all buildings and structures in the course of their construction, modification or repair, and to inspect land uses to determine compliance with zoning ordinance provisions. The Parowan City Zoning Administrator or any authorized employee of the City of Parowan shall have 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 at reasonable 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 order of a court of competent jurisdiction.

1-10. Enforcement.

The Parowan City Zoning Administrator 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. The Parowan City Council may, by resolution or ordinance, from time to time entrust administration of this Ordinance, in whole or in part, to another officer of the City of Parowan, without amendment to this Ordinance.

1-11. Nuisance and Abatement.

Any building or structure erected, constructed, altered, enlarged, converted or moved contrary to provisions of this Ordinance, and any use of land, building or premise established or conducted contrary to provisions of this Ordinance shall be, and the same hereby is, declared to be unlawful and a public nuisance; and the City Attorney shall, upon request of the governing body, at once commence action or proceedings for abatement and removal or enjoinment 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.

1-12. Penalties.

(1) Any person, firm or corporation (as principal, agent, employee or otherwise) violating, causing, or permitting violation of the provisions of this Ordinance shall be guilty of a Class C misdemeanor, and punishable by not more than ninety (90) days in jail and/or a fine not to exceed $750.00.

(2) The City may, in addition to other remedies provided by law, institute injunctions, mandamus, abatement, or any other appropriate action or actions, proceeding or proceedings to prevent, enjoin, abate or remove the unlawful building, use, or act.

(3) Any one, all, or any combination of the foregoing penalties and remedies may be used to enforce this Ordinance.

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.

The City of Parowan 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. The same shall have been proposed by or be first submitted to the Parowan City Planning Commission for its recommendation.

1-15. Hearing and Publication and Notice Before Amendment.

Before finally adopting any such amendment, the Parowan City Council shall hold a public hearing thereon, at least fourteen (14) days notice of the time and place of which shall be given in accordance with current law.

1-16. Fees.

Fees will be charged applicants for permits as established by the Parowan City Council.

1-17. Annexations.

Territory which becomes part of the City by annexation shall be placed in an appropriate zoning district as determined by the City Council upon the advice and recommendation of the Planning Commission, after all necessary public hearings and notices are conducted.

The original zoning ordinance was adopted on May 26, 1958. An updated zoning ordinance was adopted on June 13, 1990.

CHAPTER 2. DEFINITIONS

2-1. Introduction.

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 the "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 work "may" is permissive; the word "person" includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual; the word "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.

2-2. Definitions.

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.

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 packing plants, fur farms, animal hospitals, or similar uses.

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.

Alley. A public access-way less than twenty-six (26) feet in width, which is designed to give secondary access to lots or abutting properties; an alley shall not be considered a street, for the purposes of this Ordinance.

Animals. Animals shall include the following: horses, cows, sheep, and goats, excluding pigs, mink, exotic and dangerous animals which are normally associated with zoos.

Animal Control Officer. The Animal Control Officer shall be the Parowan City Chief of Police, unless otherwise designated by the Parowan City Council.

Automobile Service Station. A place where gasoline, or any other motor fuel or

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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 of automobiles, replacement of spark plugs, lights, fans, and other small parts. The repair of non-passenger trucks and other heavy vehicles is not permitted.

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.

Basement. A story whose floor is more than twelve (12) inches below the average level of the adjoining ground, but where no more than one-half (½) of its floor-to-ceiling heights is above the average contact level of the adjoining ground.

Bed and Breakfast Inn. A commercial establishment for the purpose of nightly rental of accommodations, with the provision of the breakfast meal included in the rental fee. A Bed and Breakfast Inn is primarily intended to be a conditional use within a residential zone. A Bed and Breakfast Inn must meet the following criteria:

a. Must be an existing structure that is deemed suitable for occupancy and public use as required by the Uniform Building Code and all other applicable codes and ordinances.

b. Must not have more than four (4) rentable guest rooms.

c. Owner/Operator must reside on the premises.

d. Off-street parking must be provided; two (2) spaces for owner/operator and one (1) space per guest room.

e. There may be one sign, not to exceed nine (9) square feet on size, the maximum dimension on a side not to exceed four and one-half (4.5) feet. The sign must be made of wood, stone or brick. Artificial illumination of the sign may be accomplished only by the use of external, low-level, unobtrusive flood lamps.

f. The establishment must be on a street that meets Parowan City standards and Fire Code width requirements.

g. Modifications to the appearance and size of the structure should be in keeping with the residential character of the neighborhood within which the establishment is located. If modifications to the existing structure are made, they may not include separate outside entrances to the guest rooms.

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h. The site must be landscaped so as to minimize the aesthetic impact on the neighboring properties and to maintain the residential character of the neighborhood within which the establishment is located.

Beginning of Construction. The excavation of soil for the placing of concrete footings or foundation for a building or structure.

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.

Boarding House. A building with not more than five (5) guest rooms where, for compensation, meals are provided for at least five (5) but not more than fifteen (15) persons.

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.

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

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.

Building, main. The building housing the principal use of a lot.

Building Code. The ordinance adopted by the Parowan City Council that prescribes minimum standards for the construction of buildings within the city limits and is enforced by the Parowan City Building Inspector. The \Uniform Building Code (UBC) as established by the International Conference of Building Officials (ICBO) is the said adopted ordinance.

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

Building Inspector. The official designated as the building inspector for the City of Parowan by the Parowan City Council. The Parowan City Building Inspector will also be the Parowan City Zoning Administrator, unless otherwise designated.

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

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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.

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

Corral. A space, other than a building, less than one (1) acre in area, or less than one hundred (100) feet in width, used for the confinement of animals or fowl.

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

District. A portion of the territory of the City of Parowan, established as a zoning district by this Ordinance, within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this Ordinance; also includes "zone", and "zoning district".

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.

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

Dwelling, Mobile Home. (See "Mobile Home".)

Dwelling, Single-family. A building arranged or designed to be occupied by one (1) family, the structure having only one (1) dwelling unit.

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

Dwelling, Multiple-family. A building arranged or designed to be occupied by more than two (2) families, and having more than two (2) dwelling units.

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.

Earth Shelter Home. A dwelling specifically designed for energy saving purposes to be below the finished grade and covered by earth or sod. A lived in basement of an uncompleted single-family dwelling shall not constitute an earth shelter home.

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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.

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 fifty (50) KV or greater capacity, except by conditional use permit.

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

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.

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

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, but not including the parking or storage of trucks or vans having a capacity in excess of one and one-half (1 ½) tons.

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 and recreational coaches, and collision repair service.

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.

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

finished 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.

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Governing Body. The elected legislative body of the City of Parowan.

Handicapped Person. A person who has a severe, chronic disability attributable to a mental or physical impairment or to a combination of mental and physical impairments, which is likely to continue indefinitely, and which results in a substantial functional limitation in three or more of the following areas of major life activity: self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, or economic self-sufficiency; and who requires a combination or sequence of special interdisciplinary or generic care, treatment, or other services that are individually planned and coordinated to allow the person to function in, and contribute to, a residential neighborhood.

Handicapped Persons - Residential Facility. A single-family or multiple-family dwelling unit, consistent with existing zoning of the desired location, that is occupied on a 24-hour per day basis by eight (8) or fewer handicapped persons in a family-type arrangement under the supervision of a house family or manager, and that conforms to all applicable standards and requirements of the Department of Social Services, and is operated by or operated under contract with that department.

Home Occupation. Any use conducted entirely within a dwelling and carried out by persons residing in the dwelling unit, which is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not exceed twenty-five (25) percent of the total ground floor area of the home.

Household Pets. Animals or fowl ordinarily permitted in the house and kept for company or pleasure, such as dogs, cats, and canaries, or other similar domestic birds, and miniature pot-bellied pigs as to constitute a kennel as defined in this Ordinance. Household pets shall not include the keeping of dangerous animals.

Infill Development. Any multi-family residential or non-residential development that occurs on vacant under used property that exists within a more intensely developed area of the city.

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

Kennel. Any premises where three (3) or more dogs older than four (4) months are kept.

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

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

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

Local Jurisdiction. The City of Parowan.

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

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 parcel 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 or a larger tract into three (3) or more smaller units.

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.

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

Lot Lines. The property lines bounding the lot.

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.

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 ten (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 Parowan City Building Inspector shall designate the rear lot line.

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.

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

Mobile Home. A detached, single-family dwelling unit of not less than forty-five (45) feet in length, designed for long-term occupancy, and to be transported on its own wheels (permanent or detachable), or on a flatbed or other trailer; it shall contain a flush toilet, sleeping accommodations, and a tub or shower bath, kitchen facilities, and plumbing and electrical connections provided for attachment to appropriate external systems, and ready for occupancy except for connections to utilities and other minor work. Presectionalized, modular or

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prefabricated homes not placed on a permanent foundation shall be regarded and regulated as mobile homes.

Mobile Home, "single-wide". A mobile home conforming to the above definition of a mobile home, being a single unit not less than ten (10) feet wide and having a gross floor area of not more than 1000 square feet.

Mobile Home, "double-wide". A mobile home conforming to the above definition of a mobile home and having a gross floor area of not less than 1000 square feet. Double-wide mobile homes shall be regarded and regulated as conventional housing when they conform to all applicable building and housing codes, and are placed on a permanent foundation which meets all applicable building and housing codes, incorporates a pitched roof into its design, utilizes block or equivalent skirting around the bottom of the unit, and has the towing tongue and wheels removed.

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

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

Mobile Home Space. A space within a mobile home park, designed and to be used for the accommodation of one (1) mobile home.

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

Modular Home. A permanent dwelling structure built in pre-fabricated 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 classed as a mobile home until it is placed on a permanent foundation and complies with all governing building codes.

Motel. 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.

Nonconforming Building or Structure. A building or a structure which does not conform to the regulations for 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.

Nonconforming Use. The use of a building or structure or land which does not conform

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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.

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

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

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 accommodation for clients or customers.

Planned Unit Development. Development characterized by a unified site design for a number of housing units, clustering of buildings and providing common open space density increases and a mix of building types and land uses.

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 Parowan City Planning Commission.

Recreational Coach or Recreational Vehicle. 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 or a temporary and recreational nature.

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.

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 any one (1) direction at one (1) time.

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

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Sign, Development. A sign indicating the name of, and information pertinent to, new construction.

Sign, Civic. A sign identifying name, and or, function of a public building.

Sign, Real Estate. A sign identifying property for sale, lease, or rent.

Sign, Residential. A sign identifying a residence.

Site Plan. A plan required by, and providing the information required by, Section 1.9 herein.

Solar Energy System. Any mechanism that heats or provides electricity to a residence or other building, using energy from the sun.

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

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.

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".

Temporary Seasonal Business. Fruit stands and sno-cone shacks. Temporary stands may

be set up with the following setback requirements: front yard setback - 1 foot from property line;

rear yard setback - 30 feet; side yards on middle block lots - 10 feet each side; side yards on corner lots - 25 feet on street side and 10 feet on opposite side.

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

Yard, Front. A space on the same lot with a building, between the front line of the building (exclusive of steps) and the front lot line, and extending across the full width of the lot. The "depth" of the front yard is the minimum distance between the front lot line and the front line of the building.

Yard, Rear. A space on the same lot with a building, between the side line of the building (exclusive of steps, chimneys, and open stairways), and the rear lot line, and extending the full width of the lot. The "depth" of the rear yard is the minimum distance between the rear lot line and the rear line of the building.

Zone. (See "District").

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Zoning Administrator. The local official designated by the Parowan City Council to enforce the regulations of this Ordinance. The Zoning Administrator will also be the Parowan City Building Inspector, unless the Parowan City Council designates otherwise.

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CHAPTER 3. SUPPLEMENTARY AND QUALIFYING REGULATIONS

Section 3-1. Effect of Chapter Section 3-2. Substandard Lots at Time of Ordinance Passage Section 3-3. Lot Standards

Section 3-4. Every Dwelling to Be on a Lot - Exceptions Section 3-5. Yard Space for One (1) Building Only Section 3-6. Yards To Be Unobstructed - Exceptions Section 3-7. Sale or Lease of Required Space Section 3-8. Sale of Lots Below Minimum Space Requirements Section 3-9. Area of Accessory Buildings Section 3-10. Additional Height Allowed Section 3-11. Exceptions to Height Limitations Section 3-12. Significant Views to be Unobstructed Section 3-13. Minimum Height of Main Building

Section 3-14. Maximum Height of Accessory Buildings

Section 3-15. Clear View of Intersection Street Section 3-16. Maximum Height of Fences, Walls, and Hedges Section 3-17. Water and Sewage Requirements

Section 3-18. Curbs, Gutters and Sidewalks

Section 3-19. Beautification

Section 3-20. Infill Developments

Section 3-21. Location of Animals

3-1. Effect of Chapter.

The regulations hereinafter set forth in this Chapter qualify or supplement, as the case may be, the zone regulations appearing elsewhere in this Ordinance.

3-2. Substandard Lots at Time of Ordinance Passage.

Any lot legally held in separate ownership at the time of passage of the Parowan City Ordinance, which lot is thereafter facially deficient in minimum requirements for lot area or lot width for any single or multi-family residential district in which it is located, may be used for a single-family dwelling if such lot is located in a district which permits a residential dwelling. No multi-family dwellings may be constructed on a substandard lot even it the same is located within a multi-family residential district. 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 smaller of the two (2) side yards be less than five (5) feet or the total width of the two(2) side yards be less than thirteen (13) feet. This section shall apply to all residential districts and shall have precedence over any Residential Ordinance on conflict herewith.

3-3. 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 fully improved dedicated or publicly-approved street or upon a private street or right-of-way approved by the Parowan City Planning Commission and City Council, before a building permit may be issued.

3-4. 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. Group dwellings, cluster dwellings, condominiums, and other multi-structure dwelling complexes under single ownership and management, which are permitted by this Ordinance and have approval from the Parowan City Planning Commission, may occupy one (1) lot for each such multi-structure complex.

3-5. Yard Space for One (1) Building Only.

No required yard or other open space around an existing building or which is hereafter provided around any building for the purpose of complying with the provisions of this Ordinance shall be considered as providing a yard or open space for any other building; nor shall any yard or other required open space on an adjoining lot be considered as providing a yard or open space on a lot whereon a building is to be erected or established.

3-6. Yards to be Unobstructed - Exceptions. All yard areas in any residential zone are required to be open to the sky and unobstructed except for the following:

(1) Permitted and approved accessory buildings located in the rear yard;

(2) The projection of sills, eves and overhangs, bay windows, cornices, and other

ornamental features attached to the main building, so long as these structures do

not extend outward from the residence beyond the foundation or main part of the

building by no more than 24 inches;

(3) All unenclosed steps, and/or un-walled stoops and covered or uncovered porches so

long as said steps, un-walled stoops or covered and uncovered porches:

A) Do not protrude beyond the foundation or main building by more than 5 feet;

and

B) Do not exceed the height of 28 inches above the finished grade level at the

foundation excepting support braces for a porch roof which shall not be any

closer than 3 feet apart; and

C) Said structure does not obstruct or block ones horizontal view in the yard

areas; and

D) Is not enclosed and does not have railings, excepting railings located at the side of the steps.

(4) Provided that any buildings or parts of the main structure, as identified in this ordinance, or other constructed devices, are not closer than 15 feet to the edge of any City easement or public right-of-way.

3-7. 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.

3-8. 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 cut off from a larger parcel of land for the purpose, whether immediate or future, of building or development as a lot.

3-9. Area of Accessory Buildings.

No accessory building or group of accessory buildings in any residential zone shall cover more than twenty-five (25) percent of the rear yard. Exceptions to this requirement may be granted by conditional use permit.

3-10. 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.

3-11. 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.

3-12. Significant Views to be Unobstructed.

All height exceptions (subject to conditional use permit) shall in no way inhibit or

obstruct a significant view of surrounding neighbors. All proposed conditional use permits made to the Parowan City Planning Commission shall include the signatures of potentially affected neighbors within 500 feet of the proposed structure verifying their notification. Such exceptions shall not hold for dwellings (See 3-12).

3-13. Minimum Height of Main Building.

No dwelling shall be erected to height less than one (1) story above grade. Exceptions shall be made to a bona fide earth shelter home. See 2-2(29).

3-14. Maximum Height of Accessory Buildings.

No accessory building that is constructed in a one-family, two-family or multi-family zone shall be erected to a height greater than one (1) story, not to exceed twenty (20) feet, when located closer to a neighboring property boundary or lot line than that which is permitted by the main residential structure. If the accessory building is located within the rear and side yard set-backs for the main residential structure, the accessory building may not exceed the maximum height allowed in that zone.

3-15. Clear View of Intersecting Street.

In all districts which require a front yard, no obstruction to view in excess of two (2) feet in height 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 street lines,

except a reasonable number of trees pruned high enough to permit unobstructed vision to automobile drivers; and pedestal-type identification signs and pumps at gasoline service stations.

3-16. Maximum Height of Fences, Walls, and Hedges.

No fence shall be constructed, erected, or installed without first providing Parowan City with written notice of the intent to construct a fence by providing Parowan City a draft sketch of the fence, including intended height and setbacks, and by verification that the respective owner’s property boundaries have been adequately identified. A permit shall be granted by Parowan City upon strict compliance with the following terms:

A) Setback Area Defined. The term “setback area” shall refer to the setback area (as required by ordinance) along any street frontage whatsoever, whether it is the side yard or front yard of a property.

B) Interior Lot Requirements.

1) On all interior lots, a fence, not to exceed eight (8) feet in height, may be

erected along all side and rear property lines but not in the setback area.

2) In any setback area no wall, fence or hedge shall exceed forty-eight (48)

inches.

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

C) Corner Lot Requirements.

1) On all corner lots, a fence or hedge, not to exceed eight (8) feet in height, may be erected along the rear and interior side lot line, but not in the yard setback area.

2) In all zones requiring a yard setback, a sight-obscuring fence may be

constructed in the yard setback provided the same does not exceed twenty-

four (24) inches or a non-obscuring fence (open fence) not to exceed twenty- four (24) inches or a non-obscuring fence (open fence) not to exceed forty- eight (48) inches in height may be constructed on any corner lot within a triangular area formed by the property lines abutting the street and a line connecting them at points twenty-five (25) feet from the intersection of the property line. A open fence shall in no way be closed in with adjacent plant materials or strips of material inserted into the fence so as to obstruct vision.

3) A sight obscuring fence may be constructed in the yard setback which does not

exceed forty-eight (48) inches provided the same is not located within the

triangular area formed by the property lines abutting the street and a line

connecting them at points twenty-five (25) feet from the intersection of the

property line.

D) Fences on the Public Right-of-Way. No fence approved under this Chapter shall be erected beyond the property line, on the public right-of-way, without the issuance of a permit by the Parowan City Building Inspector or Zoning Administrator. Approval of a fence on the public right-of-way shall be subject to the following conditions:

1) No fence shall be erected within three (3) foot radius of a fire hydrant.

2) The City shall retain the right to direct the immediate removal of any fence on the public right-of-way for any purpose it deems necessary. Removal shall be at the sole expense of the property owner and be completed within ten (10) days of the formal request.

E) Fences for Recreational Use. On rear property lines, a chain link or deer fence may be erected to a height of twelve (12) feet for the purpose of enclosing a tennis court, swimming pool, other court game area, or protection from wildlife. Said fence may not be located within the front setback area of yards abutting a front, side, or street side yard.

F) Fences to be Required in Certain Areas. Site-obstructing fences shall be required along the boundary line in the following cases:

1) all Commercial and Industrial developments having a common lot line with property used for residential purposes shall require the construction of a seven (7) foot high sight-obscuring masonry fence; or

2) any structure having four (4) or more dwelling units and having a common lot

line with a) property used for less-dense residential purposes; or (b) vacant

property that is presently zoned for less-dense use, shall require the

construction of a 6-foot high masonry or tight-board fence.

3) around any mobile home parks as directed in the mobile-home ordinance.

Said fence shall be reduced to forty-eight (48) inches in height inside the front yard setback area of the residential property. It shall be the responsibility of the developer/builder or owner of the more dense development to erect the fence.

G) Fences on Controlled Access Streets. On streets designated by the City Engineer or City Manager as a controlled access street for the purpose of accessing a subdivision wherein the rear of the lots are located adjacent to a street and there is no intended ingress or egress to said homes from the controlled access street, then walls, fences or hedges may be erected to a height of eight (8) feet in the rear yard even though said lot borders a street provided said fence does not impair the intent and purpose of this Ordinance and setbacks are sufficient to assure safe ingress and egress onto the bordering street.

H) Fences Not Otherwise Identified and Previously Constructed Fences. The Planning and Zoning Board shall review all requests for any type of fence not specifically identified in this Chapter and may approve said fence if, in the opinion of the Board, the fence does not impair the intent and purpose of this Ordinance.

Any fence constructed prior to the enactment of this ordinance which is not in conformance with this ordinance or prior ordinances may be approved by the Planning Commission as a non-conforming use, if, after reviewing all factors, it is determined that said fence does not constitute a safety hazard. Should the fence become a safety hazard, encroach upon City property, or otherwise necessitate removal at the sole determination of the City, the Applicant shall remove that portion of the fence directed by the City within ten (10) days.

If approval is given by the Planning and Zoning Board, the applicant shall grant Parowan City the right to file a Notice of Nonconforming Fence with the Iron County Recorder which identifies the non-conforming fence for notification purposes. Any filing fees or other clerical costs necessary to facilitate the purposes of this Ordinance shall be paid by the applicant for the Nonconforming Fence.

3-17. Water and Sewage Requirements.

All proposed building or proposed use within the Parowan City limits which is located within three hundred (300) feet of the public culinary water line shall be connected to the public water system. Sewer hookups are required for all homes within three hundred (300) feet of an existing sewer line in the City of Parowan. In those instances where the distance from an existing water line exceeds three hundred (300) feet, all proposed building or use will be required to have an approved culinary water source which meets established standards for health and safety. In those instances where the distance from an existing sewer line exceeds three hundred (300) feet, all proposed building or use will be required to have a septic system which meets the approval of the district public health department.

3-18. Curbs, Gutters and Sidewalks.

The installation of curb, gutter and sidewalks of a type approved by the Parowan 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.

3-19. Beautification.

Buildings, uses, and lots should be maintained in such a manner as to enhance community pride and beautification. No junk, rubbish, weeds, or other unsightly material or conditions (including cars in an inoperable condition for 6 months) shall be permitted on any lot, right-of-way, or easement or as a part of any building or use. The outside surface of buildings, all or part of which is constructed of wood, should, upon completion of construction, be coated with paint or other wood preservative.

3-20. Infill Developments.

Any proposed new infill development having more than two living units located behind an existing building on an interior lot in any residential zone shall be administered as a Planned Unit Development requiring a Conditional Use Permit.

3-21. Location of Animals.

The keeping of animals on any lot or parcel is permitted under the following conditions:

(1) Any corral, barn, pen, coop, pasture or other structure housing animals shall be located no closer than seventy five (75) feet to any residential or commercial structure located on any adjacent lot. This provision does not apply to residential structures located on the same lot as the structure housing animals. Permanent corrals, sheds, pens, coops or other structures housing animals of any kind shall not be constructed closer than four (4) feet from any property line, unless otherwise provided for in this Ordinance;

(2) Corrals shall be no smaller than one hundred forty-four (144) square feet for each large animal housing in said corral. All corrals shall be kept in a reasonably clean condition at all times;

(3) The maximum number of animals allowed on any lot or parcel shall be four (4) large animals (horses, cows, mules or ponies). In no case will the total number of large animals exceed four (4);

(4) Up to five (5) sheep or goats may be housed on a parcel of land in the place of each large animal;

(5) The maximum number of small fowl or animals allowed on any lot or parcel shall be twenty-five (25);

(6) Stud horses shall be housed in strong, panelled corrals or stalls, which shall be inspected by the Animal Control Officer;

(7) Any other animals not listed above shall not be allowed unless approved by the Planning Commission under the Conditional Use procedures as outlined in Section 9-6 of this Ordinance.

(8) No such structures or pastures shall be allowed within three hundred (300) feet of Main Street. All existing animal confinement structures and pastures located within one (1) block of Main Street shall be nonconforming uses and shall be regulated in accordance with Chapter 4 of this Ordinance.

The provisions of this section shall be enforced by the Chief of Police, as authorized by the City Council.

Section 3-2 was amended by the City Council on 5-08-2003 (Refer to Ordinance No. 2003-05-01)

Amended by City Council on 07-09-98 (Refer to Ordinance No. 98-7-1)

Amended by City Council on March 14, 2002 (Refer to Ordinance No. 2002-03-02)

Amended by City Council on January 10, 2008 (Refer to Ordinance No. 2008-01-02)

Amended by City Council on October 23, 2003 (Refer to Ordinance No.2003-10-03)

Section 24-3-21(8) was amended on November 8, 2007 (Refer to Ordinance No. 2007-11-02)

CHAPTER 4. NONCONFORMING BUILDINGS AND USES

Section 4-1. Maintenance Permitted

Section 4-2. Repairs and Alterations

Section 4-3. Additions, Enlargements, and Moving

Section 4-4. Alteration Where Parking Insufficient

Section 4-5. Restoration of Damaged Buildings

Section 4-6. One-year Vacancy

Section 4-7. Continuation of Use

Section 4-8. Occupation Within One Year

Section 4-9. Change of Use

Section 4-10. Nonconforming Use of Land

Section 4-11. Exceptions

4-1. Maintenance Permitted.

A nonconforming building or structure may be maintained.

4-2. Repairs and Alterations.

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

4-3. Additions, Enlargements, and Moving.

A building or structure occupied by a 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 such addition or enlargement conforms or is made to conform to all regulations of the zone in which it is located except as permitted by the Parowan City Board of Adjustment.

4-4. Alteration Where Parking 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 enlargement. All parking spaces shall be on the site or adjacent to the site.

4-5. 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.

4-6. One-year Vacancy.

A building or structure or portion thereof occupied by a nonconforming use, which is, or hereafter becomes, vacant and remains unoccupied by a nonconforming use for a continuous period of one (1) year shall not thereafter be occupied except by a use which conforms to the use regulations of the District in which it is located.

4-7. 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.

4-8. Occupation Within One Year.

A vacant building or structure may be occupied by a use for which the building or structure was designed or intended, if so occupied within a period of one (1) year after the use became nonconforming.

4-9. 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.

4-10. 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, or any portion thereof, is abandoned or changed for a period of one (1) year or more, any future use of such land shall be in conformity with the provisions of this Ordinance.

4-11. Exceptions.

The following nonconforming structures and uses shall be amortized in a period not exceeding that stated below, effective from the date of adoption of this Ordinance.

(1) Trash, junk, debris, abandoned or dismantled automobiles or similar material shall be removed from any residential zone within two (2) years.

(2) Signs. Nonconforming signs shall be removed from any zone in which said signs are nonconforming within three (3) years.

Nonconforming structures or uses not removed within the specified time effective of the date of adoption of this Ordinance shall be removed by the City of Parowan and the costs incurred by the City in doing so shall be billed to the owner of the property or structure.

CHAPTER 5. PLANNING COMMISSION

Section 5-1. Creation of Planning Commission, Number of Members, Appointment

Section 5-2. Terms of Office

Section 5-3. Vacancies and Removals for Cause

Section 5-4. Compensation

Section 5-5. Officers

Section 5-6. Meetings

Section 5-7. Rules and Procedures

Section 5-8. Quorum and Vote

Section 5-9. Employees; Expenditures

5-1. Creation of a Planning Commission, Number of Members, Appointment.

The Parowan City Planning Commission shall consist of five (5) members, each to be appointed by the Parowan City Mayor with the advice and consent of the Parowan City Council. The Parowan City Council may designate, by resolution, the composition of the Parowan City Planning Commission. It is the intent of this Ordinance that the Parowan City Planning Commission not consist of members, all of whom are from the same field of expertise. The five (5) members of the Parowan City Planning Commission shall be residents of Parowan City. At least three (3) of the five (5) members shall hold no other public office or position within the City of Parowan. The Parowan City Council shall appoint a representative from among its members to act as a liaison between the Parowan City Council and the Parowan City Planning Commission. A member of the Parowan City Historical Committee may serve on the Planning Commission.

5-2. Terms of Office.

The terms of office for the five (5) Parowan City Planning Commission members shall be for four (4) years. The Parowan City Planning Commission members terms shall be staggered so that no two (2) members terms shall expire at the same time. The term of office for the Parowan City Planning Commission shall correspond to his tenure of office as the Parowan City Council member.

5-3. Vacancies and Removals for Cause.

Vacancies and appointed members occurring otherwise than through the expiration of terms shall be filled for the remainder of the unexpired term by appointment of the Parowan City Council. The Parowan City Council shall have the right to remove any member of the Parowan City Planning Commission for misconduct and may remove any member for non-performance of duty. Non-performance of duty shall include attendance at less than seventy-five (75) percent of Planning Commission meetings during the course of a year, unless the absences are justifiable and excused with reasonable advance notification.

5-4. Compensation.

The Parowan City Planning Commission shall serve without compensation, except that the Parowan City Council shall provide for reimbursement of the Parowan City Planning Commission for approved actual expenses incurred in the line of duty, upon presentation of

proper receipts and vouchers, or according to the regular city policy for the reimbursement of travel and expenditures.

5-5. Officers.

The Parowan City Planning Commission shall elect a Chairperson and a Chairperson Pro Tem from among its members, whose term shall be for one (1) year; however, a Chairperson may serve additional successive terms as governed by the members of the Planning Commission. The election shall occur during the first Planning Commission meeting of each calendar year.

5-6. Meetings.

The Parowan City Planning Commission shall conduct regularly scheduled meetings. All meetings of the Parowan City Planning Commission shall be open to the public.

5-7. Rules and Procedures.

The Parowan City Planning Commission may adopt such rules and procedures as it may deem necessary for the proper conduct of its business. The Parowan City Planning Commission shall keep a record of its proceedings, such record shall be open to inspection by the public at all reasonable times.

5-8. Quorum and Vote.

A quorum shall consist of three (3) members. Evidence shall not be presented unless a quorum is present. At least three (3) votes shall be required in order to carry any motion.

5-9. Employees; Expenditures.

The Parowan City Planning Commission may, upon the approval of the Parowan City Council, employ experts and staff, including consultants and a secretary, and pay such expenses, exclusive of gifts, as may be reasonable and 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 Parowan City Planning Commission by the Parowan City Council.

CHAPTER 6. BOARD OF ADJUSTMENT

Section 6-1. Board, Number of Members, Appointment, Term and Removal, Vacancies

Section 6-2. Officers

Section 6-3. Duties and Powers of Board

Section 6-4. Meetings

Section 6-5. Minutes

Section 6-6. Quorum

Section 6-7. Action to be Taken

Section 6-8. Vote Necessary for Removal

Section 6-9. Appeals to Board, Time, Persons Entitled, Transmission of Papers

Section 6-10. Stay of Proceedings Pending Appeal

Section 6-11. Decision on Appeal

Section 6-12. Rules

Section 6-13. Judicial Review of Board’s Decision - Time Limitations

6-1. Board, Number of Members, Appointment, Term and Removal, Vacancies.

The Parowan City Board of Adjustment shall consist of five (5) members, each to be appointed by the legislative body 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 Parowan City Planning Commission shall be a member of the Parowan City Board of Adjustment.

6-2. Officers.

The Parowan City Board of Adjustment shall elect a Chairperson and a Chairperson Pro Tem from among its members, who shall serve for a term of one (1) year; however, a Chairperson may serve additional successful terms as governed by the members of the Board of Adjustment.

6-3. Duties and Powers of Board.

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

(1) To hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by the administrative official in the enforcement of this article or of any ordinance adopted pursuant thereto.

(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.

(3) Any person or entity desiring a waiver or modification of the requirements of the zoning ordinance, as set forth herein, as applied to any parcel of property that he owns, leases, or in which he holds some other beneficial interest, may apply to the Board of Adjustment for a variance from the terms of the zoning ordinance. To authorize upon appeal such variance from the terms of this Ordinance, the Board of Adjustment may grant a variance only if it is shown that:

a. literal enforcement of the zoning ordinance would cause an

unreasonable hardship for the applicant that is not necessary

to carry out of the general purpose of the zoning ordinance;

b. there are special circumstances attached to the property that

do not generally apply to other properties in the same district;

c. granting the variance is essential to the enjoyment of a

substantial property right possessed by the other property in the

same district;

d. the variance will not substantially effect the general plan and will

not be contrary to the public interest; and

e. the spirit of the zoning ordinance is observed and substantial

justice done.

4) In determining whether or not enforcement of the Zoning Ordinance would cause unreasonable hardship under section (3)(a), the Board of Adjustment may not find an unreasonable hardship unless the alleged hardship:

a. is located on or associated with property for which the variance is

sought; and

b. comes from circumstances peculiar to the property not from conditions

that are general to the neighborhood.

5) In determining whether or not enforcement of the Zoning Ordinance would cause unreasonable hardship under section (3)(a), the Board of Adjustment may not find an unreasonable hardship if the hardship is self-imposed or economic.

6) In determining whether or not there are special circumstances attached to the property under section (3)(a), the Board of Adjustment may find special circumstances exist only if the special circumstances:

a. relate to the hardship complained of; and

b. provide the property of privileges granted to other properties

in the same district.

7) The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met.

8) Variances shall run with the land once approved and, upon approval, shall be recorded with the Iron County Recorder's Office.

9) The Board of Adjustment or any other body may not grant a use of variance.

10) In granting a variance, the Board of Adjustment may impose additional requirements on the applicant that will mitigate any harmful effects of the variance.

6-4. Meetings.

Meetings of the Parowan City Board of Adjustment shall be held at the call of the Chairman, and at such other times as the Board may determine. The Chairman may administer oaths and compel the attendance of witnesses. All meetings of the Parowan City Board of Adjustment shall be open to the public.

6-5. Minutes.

The Parowan City Board of Adjustment shall keep minutes of its proceedings showing the vote of each member on each question, or if absent or failure to vote, indicating such fact and shall keep records of its examinations and other official actions, all of which shall be filed with the Parowan City Clerk and shall be public record.

6-6. Quorum.

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

6-7. 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.

6-8. Vote Necessary for Reversal.

The concurring vote of three (3) members of the Parowan 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 in the provisions of this Ordinance.

6-9. Appeals to Board-Time-Persons Entitled-Transmission of Papers.

Appeals to the Parowan City Board of Adjustment may be taken by any person aggrieved or by an officer, department, or board of Parowan City affected by any decision of the administrative officer. Such appeal shall be taken within fifteen (15) days as provided by the rules of the Board by filing with the officer from whom the appeal is taken and with the Parowan 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 Parowan City Board of Adjustment all the papers constituting the record upon which the action appealed was taken.

6-10. 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 Parowan 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 Parowan City Board of Adjustment or by District Court on application and notice and on due cause shown.

6-11. Decision on Appeal.

In exercising the above-mentioned powers, the Parowan 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, and to that end shall have all the powers of the officer from whom the appeal is taken.

6-12. Rules.

The Parowan 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 City of Parowan.

6-13. Judicial Review of Board's Decision - Time Limitations.

The City of Parowan or any person aggrieved by any decision of the Parowan City Board of Adjustment may have and maintain a plenary action for relief therefrom 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.

Section 6-3 was amended on October 9, 1997 (refer to Ordinance No. 97-10-1)

CHAPTER 7. SIGNS

Section 7-1. Signs Allowed

Section 7-2. Construction

Section 7-3. Illumination

Section 7-4. Location of Signs

Section 7-5. Exceptions and Additional Requirements

7-1. Signs Allowed.

Home occupation signs in residential areas are to be no larger than one (1) square foot in area and shall be attached to and parallel with the building.

The following described signs shall be allowed as indicated in the accompanying table:

Zones

See Definitions	Maximum Size in Feet	Maximum Height in Feet*	Permitted Use	Conditional Use	Illumination Type of
Advertising	8' x 12'	18		HS-1	Indirect
Business	8' x 20'	50	GC-1	Above 50'	Indirect
Name Plate	1' x 2'	8	All Zones		Indirect
Property -Sale, Lease, Rent or Trespass	2' x 3'	6	All Zones		None
Public Information	3' x 6'	8		All Zones	Indirect
Temporary	8' x 12'	16		All Zones	None

*The distance from the top of the sign to the ground supporting it.

7-2. Construction.

All signs shall be constructed in accordance with the requirements of the most current versions of the Uniform Building Code and National Electric Code adopted by the Parowan City Council.

7-3. Illumination.

All signs, except business signs, shall be illuminated by indirect lighting, the source of which shall not be visible from the street. In no case shall direct rays of light be permitted to penetrate a property in a residential zone or used for residential purposes.

7-4. Location of Signs.

All signs shall maintain a clear view of intersecting streets as provided in this Ordinance, and no sign shall be less than nine (9) feet high over a public right-of-way. In any zone requiring a front yard, all ground signs in that zone shall adhere to the front yard requirements.

7-5. Exceptions and Additional Requirements.

The requirements for sign age of Bed and Breakfast Inns shall be as noted in the definition. Additional sign age requirements will apply in the historical overlay zone.

Dates of other ordinances pertaining to Title 24, Chapter 7 - Signs: February 14, 1972

CHAPTER 8. OFF-STREET PARKING REQUIREMENTS

Section 8-1. Off-Street Parking Required

Section 8-2. Number of Parking Spaces

Section 8-3. Access Requirements

Section 8-4. Location of Gasoline Pumps

Section 8-5. Maintenance of Parking Lots

8-1. 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 of use in accordance with the following requirements:

8-2. Number of Parking Spaces.

The number of off-street parking spaces required shall be as follows:

(1) Dwellings, single-family, two-family. Two (2) parking spaces for each three (3) seats of maximum seating capacity.

(2) Retail stores, shops. One (1) parking space for each two hundred (200) square feet of retail floor space in the building, plus one (1) parking space for each three (3) employees working on the highest employment shift.

(3) Churches and meeting halls. One (1) parking space for each three (3) seats of maximum seating capacity.

(4) All other uses. As determined by the Parowan Planning Commission, based on nearest comparable standards.

8-3. 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 than twenty (20) feet of any intersection at any corner as measured along the property line.

(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

with the exception of u-shaped driveways.

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. No driveway shall be closer than twenty (20) feet of any intersection

at any corner as measured along the property line.

d. Where there is no existing curb and gutter or sidewalk, the applicant

may at his option install a 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 or less than eight (8) inches in height.

e. All other uses not listed above as determined by the Parowan City

Planning Commission, based on the nearest compatible use standards.

8-4. 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 stopped for service will not extend over the property line. Siting of all gasoline pumps shall be subject to the Uniform Building Code and recommendations of the Parowan City Fire Marshall.

8-5. Maintenance of Parking Lots.

Every parcel of land used as a public or private parking lot shall be developed and maintained in accordance with the following requirements:

(1) Surfacing. Each off-street parking lot shall be surfaced with a surface adequate in relation to location and use. Parking lots serving a high volume of traffic shall be surfaced in such a way to provide a dustless surface. The parking area shall be so graded as to dispose of all surface water. If such water is to be carried to adjacent streets, it shall be piped under sidewalks.

(2) Screening. The sides and rear of any off-street parking lot which face or adjoin a residential district shall be screened from such district by a masonry wall or solid visual barrier fence not less than four (4) or more than eight (8) feet in height.

(3) Landscaping. Each parking lot shall be adequately landscaped and permanently maintained.

(4) Lighting. Lighting used to illuminate any parking lot shall be arranged to reflect the light away from adjoining premises in any Residential district, and from street traffic.

CHAPTER 9. CONDITIONAL USES

Section 9-1. Purpose of Conditional Use Provisions

Section 9-2. Permit Required

Section 9-3 Application

Section 9-4. Fee

Section 9-5. Development Plan

Section 9-6. Planning Commission Action

Section 9-7. Board of Adjustment Action

Section 9-8. City Council and Board of Adjustment Action on Planned Developments and Recreational Coach Parks

Section 9-9. Expansion of a Conditional Use

Section 9-10. Inspection

Section 9-11. Time Limitations

Section 9-12. Revocation

9-1. Purpose of Conditional Use Provisions.

Certain uses which may be harmonious under special conditions and in specific locations within a district, but be improper under general conditions and in other locations, are classed as conditional uses within the various districts and require conditional use permits for approval.

9-2. Permit Required.

A Conditional Use Permit shall be required for all uses listed as conditional uses in the district regulations or elsewhere in this Ordinance. A conditional use permit may be revoked upon failure to comply with conditions precedent to the original approval of the certificate period. No building permit or other permit or license shall be issued for a use requiring conditional use without first being reviewed and approved by both the Parowan City Planning Commission and the Parowan City Council. Conditional Use Permits are valid for one year from the date of issuance unless otherwise specified.

9-3. Application.

A conditional use permit application shall be made to the Parowan City Planning 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 Parowan City Planning Commission.

9-4. Fee.

The application for any conditional use permit shall be accompanied by the appropriate fee as determined by the Parowan City Council.

9-5. Development Plan.

The application 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 Parowan City Planning Commission may deem necessary.

9-6. Planning Commission Action.

The Parowan City Planning Commission shall approve or deny the conditional use permit with the exception of conditional use permits for Planned Unit Developments and Recreational Coach Parks. In granting approval or recommending approval of any conditional use, the

Parowan City Planning Commission shall suggest regulations and conditions which are

necessary to protect the public health, safety, and welfare. In approving or recommending approval of a conditional use permit, the Parowan City Planning Commission shall find:

(1) That the proposed 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 this Ordinance.

(4) That the proposed use is in harmony with the intent and purpose of the Parowan City Master Plan or that the plan shall have first been amended through public hearing.

9-7. Board of Adjustment Action.

Upon denial of a conditional use permit for uses by the Parowan City Planning Commission, the applicant may appeal in writing within thirty (30) days to the Parowan City Board of Adjustment. The Parowan City Board of Adjustment may approve, modify and approve, or deny the conditional use application in a public meeting. In approving any conditional use, the Parowan City Board of Adjustment shall impose regulations and conditions as are necessary to protect the public health, safety, and welfare. The Parowan City Board of Adjustment shall follow the same conditions as stated in 9-6 above.

9-8. City Council and Board of Adjustment Action on Planned Developments and

Recreational Coach Parks.

Where applications require a conditional use permit, the permit shall be submitted to the Parowan City Planning Commission at its regular meeting and after review shall be recommended for approval or disapproval. The Parowan City Council shall approve or disapprove the conditional use permit for Planned Developments and Recreational Coach Parks. The permit for a Planned Development shall constitute a conditional use permit.

9-9. Expansion of a Conditional Use.

No structure in which a conditional use is located may expand without the approval of the Parowan City Planning Commission. Before expanding, the applicant shall present to the Parowan City Planning Commission a Development Plan meeting the requirements of 9-5 above. No public hearing need be held. However, the Parowan City Planning Commission may deem a hearing necessary.

9-10. Inspection.

Following the issuance of a conditional use permit by the Parowan City Planning Commission, the Parowan City Building Inspector shall approve an application for a building permit, and shall insure that development is undertaken and completed in compliance with said conditional use and building permit.

9-11. Time Limitation.

All Conditional Use Permits shall expire within a maximum period of one (1) year of issuance, unless there shall have been substantial performance toward the completion of the conditions set forth in the permit. The Planning Commission may grant a maximum extension of six (6) months under exceptional circumstances. In the event that a Conditional Use Permit is granted on a temporary basis, the Planning Commission may issue a permit for six (6) months, within one maximum extension of six (6) months. A Conditional Use Permit shall be non-transferrable.

9-12. Revocation.

A conditional use permit may be revoked upon failure to comply with the conditions imposed with the original approval of the permit and applicant shall be so notified of revocation by the City of Parowan. The permit may be reinstated upon determination by the Parowan City Planning Commission that the cause for revocation has been corrected and that the applicant intends to proceed according to the plans approved by the Parowan City Planning Commission at the time the permit was originally issued, or as they might have been properly amended by the Parowan City Planning Commission from time to time during the period of the conditional use. Revocation or reinstatement of a conditional use permit for a Planned Development or Recreational Coach Park is the responsibility of the Parowan City Council.

Section 9-2 was amended on July 23, 1998 (refer to Ordinance No. 98-7-3)

                 CHAPTER 10. HOME OCCUPATIONS


     Section 10-1.   Home Occupation Permit Required
     Section 10-2.   Procedure
     Section 10-3.   Conditions
     Section 10-4.   Non-Compliance
     Section 10-5.   Appeal
     Section 10-6.   Business License Required
     Section 10-7.   Utah Sales Tax License
     Section 10-8.   Notification of Neighboring Property Owners

10-1. Home Occupation Permit Required.

To assure compliance with provisions of the Zoning Ordinance and to protect the
character of residential neighborhoods in the City of Parowan, a Home Occupation application
shall be obtained from the office of the City administration before a dwelling unit in a residential
zone may be used for business purposes.

10-2. Procedure.

Upon application, the Parowan City Planning Commission shall approve or deny a Home
Occupation Permit. The Planning Commission may issue a Home Occupation Permit which
shall state the home occupation permitted, the conditions attached thereto, and any time
limitations imposed thereon. The permit shall not be issued unless the Planning Commission is
satisfied that the applicant will meet all of the conditions listed below, and that the applicant has
agreed in writing to comply with all said conditions.

10-3. Conditions.

Each and every one of the following conditions must be observed at all times by the
holder of a Home Occupation Permit:

(1) The home occupation will be conducted only by members of the family residing on
the premises.

(2) The home occupation shall be conducted wholly within the structures on the premises
and shall not exceed twenty-five (25) percent of the total ground floor area of the home. The
home occupation shall not occupy any area within said structures which is required for off-street
parking by the provisions of this Chapter.

(3) Inventory and supplies for the home occupation shall not occupy more than fifty (50)
percent of the permitted area, or twelve (12) percent of the ground floor area of the home.

(4) No business signs are used with the exception of one unlighted sign concerned with
the home occupation or office of a professional person not to exceed one (1) square foot in area
which shall be attached to and parallel with the building.

(5) No display of any kind shall be visible from the exterior of the premises.

(6) The home occupation shall not generate pedestrian or commercial traffic in excess of
that customarily associated with the zone in which the use is located. Off-street parking shall not
exceed that specified for residential lots as noted in Chapter 8 of this Ordinance.

(7) There shall be complete conformity with fire, building, plumbing, electrical and
health codes and to all state and city laws and ordinances.

(8) The home occupation shall not cause a demand for municipal or utility services or
community facilities in excess of those usually and customarily provided for residential uses.

(9) The home occupation shall not alter the residential character of the premises or
unreasonably disturb the peace and quiet, including radio and television reception, of the
neighborhood by reason of color, design, materials, construction, lighting, sounds, noises,
vibrations, dust, odors, noxious fumes, etc.

(10) Any special condition established by the Planning Commission and made of record in
the Home Occupation Permit, as it deems necessary to carry out the intent of this Chapter shall
be met.

(11) All Home Occupation activities which result in reported violations, complaints, or
detrimental characteristics which may, in the opinion of the Planning Commission, require
termination of said home occupation and revocation of the Home Occupation Permit, shall be
subject to a hearing before the Planning Commission.

(12) Retail sales on the premises shall be limited to merchandise directly related to the
services offered by the home occupation; otherwise, there shall be no delivery or resale to
customers of retail merchandise on the premises.

(13) Premises shall be subject to inspection by the Planning Commission, after reasonable
notice is given with due cause.

10-4. Noncompliance.

Any Home Occupation Permit shall be revoked by the Planning Commission upon
violation of any requirements of this Chapter, or upon failure to comply with any of the
conditions or limitations of the permit, unless such violation is corrected within ten (10) days of
receipt of written notice thereof. A permit may be revoked for repeated violations of the
requirements of this Chapter, notwithstanding compliance to the violation notice.

10-5. Appeal.

In the event of denial of any permit, or of the revocations thereof or of objection to the
limitations placed thereon, appeal may be made to the Parowan Board of Adjustments with the
provisions of this Chapter.

10-6. Business License Required.

A Home Occupation Permit is not a business license, and the granting of said permit shall
not relieve the permittee of any other license requirement of the City or of any other public
agency.

10-7. Utah Sales Tax License.

If required by the State of Utah, a Utah State sales tax license will be required with
Parowan City listed as a business location.

10-8. Notification of Neighboring Property Owners.

Applicants for Home Occupation Permits are required to give written notification to all
property owners within three hundred (300) feet of the nearest point of the property involved of
the pending action. The written notification should describe the location and nature of the
proposed home occupation. It must inform neighboring property owners of the opportunity to
comment upon the application in a meeting of the Planning Commission. The time, date and
place of the meeting at which the application will be considered should be noted. The notification
should be read and signed by the neighboring property owners to attest their understanding of its
contents. The signed notifications should be attached to the application for the home occupation
permit. Notification may be accomplished in person or by mail with the use of self-addressed,
stamped envelopes. Notification must be accomplished at the applicant's expense.

                   CHAPTER 11. DESIGN REVIEW


     Section 11-1.   Purpose
     Section 11-2.   Application & Review
     Section 11-3.   Exceptions
     Section 11-4.   Planning Commission Approval
     Section 11-5.   Consideration in Review of Applications
     Section 11-6.   Conditions
     Section 11-7.   Findings and Decision
     Section 11-8.   Notification of Approval or Denial
     Section 11-9.   Time Limitations on Approval
     Section 11-10. Transfer of Approval upon Change in Use
     Section 11-11. Conformance to Approval
     Section 11-12. Modifications

11-1. Purpose.

The purpose and intent of design review is to secure the general purposes of this
Ordinance and the Parowan City Master Plan and to insure 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 harmonious 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 the particular architectural
design proposed or to specify the exterior 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.

11-2. Application & Review.

All applications for subdivisions and building permits for all buildings and structures,
except for 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 and 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
Parowan City Planning Commission, except that the review and approval of such permits by
the Parowan City Zoning Administrator may be authorized by the Parowan City Planning
Commission when the application meets all requirements of this Ordinance. All of the above
required architectural and site development plans shall have been reviewed and approved prior to
the issuance of a building permit.

11-3. Exceptions.

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

11-4. Planning Commission Approval.

The Parowan City Planning Commission, or the Parowan City Zoning Administrator
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 within forty-five (45) days after
the plans are first reviewed. Denial of approval by the Parowan City Planning Commission may
be appealed to the Parowan City Board of Adjustment within thirty (30) days.

11-5. Consideration in Review of Applications.

The Parowan City Planning Commission and the Parowan City Zoning Administrator,
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, exits, drives, and wall ways.

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

d. The location, arrangement, and dimensions of truck loading and unloading
facilities.

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

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

g. The buffering of non-similar zones such as residential and industrial.

(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 insure harmony 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 mass, 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 facade facing on the street (or streets), line
                and pitch of roofs, and the arrangement of structures on the parcel.

11-6. Conditions.

The Parowan City Planning Commission, or the Parowan City Zoning Administrator
when authorized, shall decide all applications for design review. Design approval may include
such conditions consistent with the consideration of this Chapter as the Parowan City Planning
Commission or Parowan City Zoning Administrator deem reasonable and necessary under the
circumstances to carry out the intent of this Chapter.

11-7. Findings and Decisions.

Upon a finding by the Parowan City Planning Commission or the Parowan City Zoning
Administrator, 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.

11-8. Notification of Approval or Denial.

Upon the granting of design approval, the secretary of the Parowan City Planning
Commission 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 reasons
thereof.

11-9. Time Limitations on Approval.

If construction in harmony with the permit for any development for which design
approval has been granted has not been commenced within 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 Parowan City Planning Commission or by the Parowan
City Zoning Administrator, when authorized.

11-10. 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 Parowan City Planning Commission, or the Parowan
City Zoning Administrator, when authorized to do so. If the transfer is not approved, a new
application must be filed.

11-11. Conformance to Approval.

Development for which design approval has been granted shall conform to the approval
and any conditions attached thereto.

11-12. Modifications.

Upon request of the applicant, modifications in the approved plan may be made by the
Parowan City Planning Commission or the Parowan City Zoning Administrator when authorized
to do so, if it is found that the modifications will meet the requirements of this Chapter. The
Parowan City Planning Commission may revoke or modify a design approval which does not
conform to any requirements of the approved permit.

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


     Section 21-1.   Purpose
     Section 12-2.   Requirements

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 the City of Parowan.
Any application for a conditional use of building permit which has, in the opinion of the Parowan
City Planning Commission or the Parowan City Zoning Administrator, when authorized,
potential soils, earthquake, flood or other discernible hazards may be required to provide a report
addressing such hazards. (Refer to the Parowan City Flood Ordinance).

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 Parowan City
Planning Commission or the Parowan City Zoning Administrator, when authorized, to reduce or
eliminate such hazards.

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

     Section 13-1.   Purpose
     Section 13-2.   Definition
     Section 13-3.   Location and Use
     Section 13-4.   Approval
     Section 13-5.   Application
     Section 13-6.   Standards and Requirements

13-1. Purpose.

A. The principal purpose of this zoning district is to provide for mobile home development
which will be of such character as to promote the objectives and purpose of this Ordinance; to
protect the integrity and characteristics of the districts contiguous to those in which mobile home
parks are located; to ensure that mobile home parks or developments will be of such character as to
promote the objectives and purposes of the Parowan City's Zoning Ordinances; and to protect other
use values contiguous to or near mobile home park uses.

13-2. Definition.

A. "Mobile Home" - The term "mobile home", as used in this section shall mean a
detached, single-family dwelling not less than 32 feet long, designed for long-term occupancy and to
be transported on its own wheels or on flatbed or other trailers or detachable wheels; containing a
flush toilet, sleeping accommodations, a tub or shower/bath, kitchen facilities, and plumbing and
electrical connections provided for attachment to appropriate external systems, and ready for
occupancy except for utility connections and other minor work. Pre-sectionalized, modular, or pre-
fabricated houses not placed on a permanent foundation, such structures which meet all the
applicable building and housing codes shall not be considered as mobile homes, but shall be
regulated as conventional housing; and mobile homes which are so placed on permanent
foundations and meet all applicable building and housing codes shall not be considered as mobile
homes, but shall be regulated as conventional housing; and mobile homes which are so placed on
permanent foundations and meet all applicable building and housing codes shall be regulated as
conventional housing.

          (1) Mobile home shall be any vehicle or similar portable structure having been
     constructed with wheels (whether or not such wheels have been removed) and having no
     foundation other than wheels, jacks or skirting, and so designed or constructed as to permit
     occupancy for dwelling or sleeping purposes.

          (2) All mobile homes shall be set according to manufacturer's recommendations
     provided that the footings and piers used therefore shall in no event be spaced more than
     eight (8) feet apart along the respective I-Beams on the underside of the mobile home. Four
     (4) inch cap blocks may be used for footings but only when that leaves two (2) such capped
     blocks and are placed side by side to constitute one footing. At least one (1) tie-down shall
     be properly secured at each corner of all mobile homes. At least two (2) additional tie-
     downs shall be secured, one (1) near each end of each inside I-Beam on all double-wide
     mobile homes.

B. "Mobile Home Park" - Any plot of ground upon which two (2) or more mobile homes,
occupied for dwelling or sleeping purposes are located, regardless of whether or not a charge is
made for such accommodation.

C. "Mobile Home Space" - A plot of ground within a mobile home park designed for the
accommodation of one (1) mobile home, together with its accessories, structures (including carports
or other off-street parking areas), storage lockers, ramadas, cabanas, patios, patio covers, awnings,
and similar appurtenances.

13-3. Location and Use.

A. No single-wide 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.
Accept that mobile homes may be stored, displayed, and sold in commercial and manufacturing
districts, but not occupied accept in mobile home parks or mobile home subdivisions when allowed
in such districts. Recreational coaches which do not include facilities necessary to be a mobile
home as defined herein, shall not be governed hereunder but are expressly governed, addressed and
regulated in Chapter 14 of the Parowan City Ordinance.

13-4. Approval.

A. Mobile home parks may not be constructed unless development plans are first approved
by the Parowan City Planning Commission and receive final approval by the Parowan City Council.
Each body shall insure that the said proposed park will:

         (1) Be in keeping with the general character of the district within which the
    development is located.

         (2) Be located on a parcel of land containing not less than two and one-half
    (2.5) acres, or on two (2) or more parcels separated by a street or alley only, and
    totaling at least two and one-half (2.5) acres.

         (3) Have at least fifty (50) percent of approved spaces for the phase under
    development completed and approved for occupancy before first occupancy is
    permitted.

         (4) Meet all standards and requirement effective upon the adoption of the
    Mobile Home Park Ordinance of the City of Parowan.

         (5) Shall be connected to the municipal facilities of the City of Parowan.

         (6) Have the consent and approval of the State Division of Health, as
    pertaining to water and sanitary facility requirements of this State.

         (7) Be developed through a professionally organized plan. It is strongly
    recommended that assistance from professional designers be obtained early in the
    program to assist in preparing plans, said designers to be aided by others, such as: a
    geologist or soils engineer, an urban planner, a lawyer, a financial expert, or any
    other person as may be necessary to provide Parowan City with an organized and
    well-designed mobile home park. It is the intent of the City of Parowan that the
    developer solve problems associated with the development before approval is given
    and construction begins.

         (8) In a mobile home park, the number of mobile homes shall not exceed
    nine
    units per acre, and may be limited to fewer units depending upon topography and
    other factors of the particular site. The mobile homes may be clustered, provided
    that the total number of units do not exceed the number permitted in one (1) acre, and
    must comply with the following requirements:

               a) In the mobile home park, no home or add-on shall be
          located closer than twenty (20) feet from the nearest portion of any
          other home or add-on. All such homes or add-ons shall be set back
          at least ten (10) feet from road curbs or walks. If the mobile home
          tongue remains attached, it shall be set back at least six (6) feet
          from road curbs or walks. All mobile homes shall be set back at
          least fifteen (15) feet from any boundary of the mobile home park.

               b) All mobile home parks accompany a strip of land at
          least fifteen (15) feet wide surrounding the entire park which shall
          be left unoccupied by mobile homes, and shall be implanted and
          maintained in lawn, shrubs, or trees, with an approved wall or
          fence designed to afford privacy to the development.

               c) Storm drainage facilities shall be so constructed as to
          protect residents of the development as well as adjacent property
          owners. Such facilities shall be of sufficient capacity to insure
          rapid drainage and prevent the accumulation of stagnant pools of
          water in, or adjacent to, the development.

               d) All storage and solid waste receptacles outside the
          confines of any mobile home must be housed in a closed structure
          compatible in design and construction to the mobile homes, and to
          any service buildings within the development; all patios, carports,
          garages, and other add-ons must be compatible in design and
          construction with the mobile home. The service buildings shall be
          constructed in accordance with standard commercial practice and
          kept in good repair as approved by the Building Inspector.

               e) In all mobile home parks, within forty-five (45) days of
          occupancy, each such home shall be skirted, or if shields are used,
          they are to be fireproof, well painted, or otherwise preserved.

               f) In mobile home parks, not less than ten percent (10%) of
          the gross land area shall be set aside for the joint use and
          enjoyment of occupants. The land covered by vehicular roadways,
          sidewalks, boundaries (excepting the actual common area being set
          aside) and off-street parking shall not be construed as part of this
          ten percent (10%) common area required; provided, however, that
          in initial stages of development or special smaller developments
          the minimum area shall be not less than one-half («) acre or ten
          percent (10%), whichever is greater.

               g) Yard lighting with a minimum of two-tenths (.2) foot
          candles of light shall be required for protective yard lighting the
          full length of all driveways and walkways in mobile home parks.

               h) In mobile home parks, all areas not covered by mobile
          homes, hard surfacing, or buildings, shall be landscaped as
          approved by the Planning Commission and such landscaping shall
          be permanently maintained.

               i) In mobile home parks, all off-street parking spaces and
          driveways shall be hard-surfaced, before the adjacent mobile home
          spaces may be occupied.

               j) In mobile home parks, the roadways shall be designed to
          accommodate anticipated traffic, including the following standards,
          unless modified by an approved planned unit development plan:

               1. One-way traffic: A minimum of twenty (20) feet in
                     width plus extra width as necessary for maneuvering
                      mobile homes.

               2. Two-way traffic: A minimum of forty (40) feet in width.

               3. Entrance roadways: A minimum of forty-five (45) feet
               in       width.

               4. Roadways: All roadway should be hard-surfaced and
                    bordered by twenty-four (24) inch rolled gutters or an
                   approved equivalent, if required by the Planning &
                    Zoning Commission. Road surfaces (such as paved,
                    cement, asphalt, concrete, or other comparable hard
                   surface) to be approved by Planning & Zoning.

               5. Sidewalks: Thirty-six (36) inch minimum width
                   sidewalks shall be installed on all main roadways within
                     the development, if required by the Planning & Zoning
                      Commission.

               6. Access: Upon the Planning Commission's option, the
                     Planning Commission may require at least two (2)
               access       to public streets.

               k) Off-street parking shall be provided at the rate of two
          (2) parking spaces per mobile home space, and each such parking
          space shall have a minimum width of ten (10) feet and minimum
          depth of twenty (20) feet. In no case shall the parking space be
          located further than one hundred (100) feet from the mobile home
          space it is designed to serve.

               l) A laundrette for convenience of park occupants, but not
          for the general public, may be included in mobile home parks.

               m) In a mobile home park, no mobile home space shall be
          rented for a period less than thirty (30) days, and occupancy shall
          be by written lease. Leases shall be made available for inspection
          by the officials of Parowan City upon demand.

               n) In a mobile home park, access shall be provided to each
          mobile home stand for maneuvering mobile homes into position.
          The access way shall be kept free from trees and other immovable
          obstructions. Paving under mobile homes will not be required if
          adequate support is provided as required by State regulations. Use
          of planks, steel mats, or other means to support the mobile home
          during placement shall be allowed so long as the same are removed
          upon completion of placement.

         (9) The Parowan City Planning Commission shall not approve any
    application for mobile home park or recreational park if a developer cannot provide
    required water supplies and facilities, waste and disposal systems, storm drainage
    facilities, access or improvements; if the developer cannot assure the plan
    development will be completed in a reasonable time; if the Planning Commission
    determines that there would be danger of floods, fire or other hazard or if the
    proposed development would be of such character or in such a location that it would:
    a) create undue costs for public services and facilities; b) endanger the health and
    safety of the public; c) unreasonably hurt the environment; d) cause undue air or
    water pollution or soil erosion, or e) be inconsistent with any adopted general or
    specific plan of the area in which it is to be placed.

13-5. Application.

A. An overall plan for development of a mobile home park shall be submitted to the
Parowan City Planning Commission for review. The plan shall be drawn to a 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:

(1) The topography of the site represented by contours, shown at not greater
intervals than two (2) feet when required by the Parowan City Planning Commission.

(2) The proposed street and mobile home space layout.

(3) Proposed reservations for parks, playgrounds, and open space.

(4) Tabulations showing percent of area to be devoted to parks, playgrounds and
open spaces, and total area to be developed.

(5) Proposed locations of parking spaces.

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

(7) Compliance of all conditions enunciated in Section 13-4.

(8) Any other date the Parowan City Planning Commission may require.

B. The applicant for approval of plans for a mobile home park or mobile home subdivision
shall pay to the City of Parowan at the time of application a checking fee, in addition to all other
required fees. The checking fee shall be as established by the Parowan City Council.

C. Applications for approval shall be in writing, submitted to the Parowan City Planning
Commission at its regular meeting and shall be recommended for approval or disapproval to the
Parowan City Council within thirty (30) days, unless an extension of time is approved by the
Parowan City Planning Commission. An application recommended for approval or disapproval by
the Parowan City Planning Commission shall be submitted to the Parowan City Council, which
decision must be made in writing within fifteen (15) days after the recommendation is submitted by
the Parowan City Planning Commission to the Parowan City Council.

13-6. Standards and Requirements.

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

(This Ordinance - Chapter 13. Mobile Homes, Mobile Home Parks, and Mobile Home Subdivisions was revised and
adopted by the Parowan City Council on April 9, 1998) - Refer to Ordinance No. 98-4-1

Dates of other ordinances pertaining to Mobile Homes, etc: July 25, 1973; October 23, 1967;

CHAPTER 14. RECREATIONAL COACHES, RECREATIONAL VEHICLES AND
RECREATIONAL COACH PARKS

     Section 14-1.   Purpose
     Section 14-2.   Location and Use
     Section 14-3.   Approval
     Section 14-4.   Application
     Section 14-5.   Safety, Sanitation and Landscaping Requirements
     Section 14-6.   Standards and Requirements

14-1. Purpose.

To permit development of facilities for recreational coaches in appropriate districts and to
require that recreational coach accommodations will be of such character as to promote the
objectives and purposes of this Ordinance, to protect the integrity and character of the districts
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
permanent 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 adjacent to or in close proximity
to a major traffic artery or highway.

(3) Recreational coaches may be stored but not used for permanent living quarters.

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

(5) Recreational 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 otherwise 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.

     (6) Recreational coach parks shall be connected to the municipal facilities of the City of
            Parowan.

14-3. Approval.

A recreational coach park may not be constructed unless first approved by the Parowan
City Council as a conditional use. After review of plans for said park by the Parowan City
Planning Commission which insure 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 and one-half (2.5) acres,
unless attached to a mobile home park, in which case no minimum area is required.

(3) Have at least fifty (50) percent of the spaces completed and approved for occupancy.

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

(6) Should 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 Parowan
City Planning Commission.

(7) Contain not 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 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 Parowan 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 Planning
               Commission, represented by contours shown at not greater
                than two (2) 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, the
               number of trailer spaces, and total area to be developed.

d. Propose location, number, and design of parking spaces.

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

(2) The applicant for approval of plans for a mobile home park or mobile home
subdivision shall pay to the City of Parowan at the time of application an inspection and review
fee, in addition to all other required fees. The inspection and review fee shall be as established
by the Parowan City Council.

(3) Applications for approval shall be in writing, submitted to the Parowan City Planning
Commission at its regular meeting and shall be recommended for approval or disapproval to the
Parowan City Council within thirty (30) days, unless an extension of time is approved by the
Parowan City Planning Commission. An application recommended for approval or disapproval
by the Parowan City Planning Commission shall be submitted to the Parowan City Council,
which decision must be made in writing within fifteen (15) days after recommendation is
submitted by the Parowan City Planning Commission to the Parowan City Council.

14-5. Safety, Sanitation and Landscaping Requirements.

Each recreational coach park area shall contain and provide the following minimum
requirements for safety, sanitation, and landscaping purposes:

(1) Each recreational coach park shall be provided with adequate water supply lines in
areas convenient to the users of the park.

(2) Recreational coach parks shall provide for adequate sewer disposal. Recreational
coach parks will be required to construct a central collector septic system, which shall be
approved by the local health authority. Recreational coach parks shall also provide for individual
hookups for those users who desire to connect their recreational coach to a septic system; in
addition, recreational coach parks shall also have a sanitary dumping station.

(3) Each recreation coach space with said recreational coach parks shall be provided with
the electrical outlet of appropriate voltage. Said electrical outlet shall be of an approved
underground connection.

(4) Each recreational coach park owner and/or operator shall make adequate provision
for garbage disposal and shall insure regular collection.

(5) Each recreational coach park shall be required to set aside not less than five (5)
percent of the total area of the recreational coach park for a common open space/play area.

(6) Each recreational coach park shall be adequately screened using walls, solid fences
and/or hedges.

14-6. Standards and Requirements.

The development of a Recreational Coach Park shall conform to the standards and
requirements established in the Recreational Coach Park Ordinance of the City of Parowan upon
adoption.

      CHAPTER 15. SOLAR ACCESS INCENTIVES AND PROTECTION


     Section 15-1.   Purpose
     Section 15-2.   Protection of Solar Access in all Residential Districts

15-1. Purpose.

The purpose of the solar access incentives and protection is to encourage and protect the
use of passive and active solar energy systems. It is the opinion of the City of Parowan that solar
energy systems will become an important contribution to energy production in the near future,
particularly in residential uses.

15-2. Protection of Solar Access in all Residential Districts.

(1) No building, chimney, trees, shrubs, or other large objects shall be constructed or
placed in such a manner so as to obstruct the sun from reaching not less than 90 percent of an
existing solar energy system from 10:00 a.m. to 3:00 p.m. on any day.

(2) Where an existing solar energy system is in place on an adjacent lot, no building
permit shall be issued by the building inspector for a building that will infringe on neighboring
solar access.

(3) Where that is question as to whether or not an infringement of solar access to an
existing solar system will take place, the property owner/developer must prove, to the Planning
Commission, before being issued a building permit that no such infringement will take place, and
if such an infringement does occur after construction, the owner/developer is responsible for
corrective measures being carried out.

CHAPTER 16. ZONING DISTRICTS

     Section 16-1.   Zoning Districts
     Section 16-2.   Listing of Ordinances and Map
     Section 16-3.   Rules for Locating Boundaries

16-1. Zoning Districts.

For the purposes of this Ordinance, the City of Parowan, to which this Ordinance applies,
includes the following 10 zoning districts as follows:

(1) Agricultural District . . . . . . . . . . . . . . . . . . . . . . . . . . . A-1

(2) Single-Family Residential . . . . . . . .. . . . . . . . . . . . . . . R-1A

(3) Single-Family Residential . . . . . . . . . . . . . . . . . . . . . . . R-1

(4) Multiple-Family Residential District . . . . . . . . . . . . . . . R-2

(5) Multiple-Family Residential District . . . . . . . . . . . . . . . R-3

(6) General Commercial District . . . . . . . . . . . . . . . . . . . . . GC-1

(7) Highway Services District . . . . . . . . . . . . . . . . . . . . . . . HS-1

(8) Industrial and Manufacturing District . . . . . . . . . . . . . . . I & M-1

(9) Historic Preservation Overlay District . . . . . . . . . . . . . . . H-P

(10) Interchange District . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-1

16-2. Listing of Ordinances and Map.

The location and boundaries of each of the zoned districts are shown in the zone map of
Parowan City, Utah, and said map is hereby declared to be an official record and a part of this
Ordinance, and said zoning map and all notations, references, and other information shown
therein shall be as much a part of this Ordinance as if the matter and other information set forth
by said map were fully described herein.

16-3. Rules for Locating Boundaries.

Where uncertainty exists as to the boundary of any district the following rules shall apply:

(1) Wherever the district boundary is indicated as being approximately upon the
centerline of a street, alley, or block or along a property line it shall be construed to be the
boundary of such district.

(2) Whenever such boundary line of such district is indicated as being approximately at
the line of any river, irrigation canal or other waterway, or railroad right-of-way, or public park or
other public land, or any section line, then in such case the center of such stream, canal, or
waterway, or of such railroad right-of-way, or the boundary line of such public land or section
line shall be deemed to be the boundary of such district.

(3) Where such district boundary line cannot be determined by the above rules, their
location may be found by the use of the scale appearing upon the map.

(4) Where the application of the above rules does not clarify the district boundary
location, the Board of Adjustment shall interpret the map.

CHAPTER 17. AGRICULTURAL DISTRICT A-1

     Section 17-1. Purpose and Characteristics
     Section 17-2. Permitted Uses
     Section 17-3. Conditional Uses
     Section 17-4. Area Requirements
     Section 17-5. Width Requirements
     Section 17-6. Location Requirements
     Section 17-7. Other Provisions

17-1. Purpose and Characteristics.

The purpose in establishing the A-1 Agricultural Zone is to encourage the orderly and
timely use of certain open areas within the City and their eventual conversion in an orderly and
timely fashion to residential areas if and when the need occurs.

This zone is characterized by large lots or tracts of land interspersed by dwellings, barns,
corrals, and pens and the keeping of animals and fowl for family food production, commercial
food production, or for the convenience and pleasure of persons residing on the premises.

17-2. Permitted Uses.

(1) Any use permitted in the R-1 Residential Zone.

(2) The keeping of animals and fowl for family food production or commercial food
production, provided that not more than ten (10) horses, nor more than twenty (20) animals and
their suckling offspring and not more than one hundred (100) fowl shall be kept on any lot
smaller than five (5) acres.

(3) Barns, corrals, coops, pens for the keeping of animals and fowl.

(4) Rest homes subject to the regulations pertaining to rest homes as set forth
hereinabove.

(5) Churches, schools, and other public facilities subject to the regulations set forth
hereinabove.

17-3. Conditional Uses.

(1) Fur farm

(2) Hog and pork production

(3) Public utilities

(4) Airport

(5) Recreational Courts

(6) Rock crushing operation

(7) Dog Kennels

(8) Home Occupations

17-4. Area Requirements.

The area requirements for the A-1 Agricultural Zone shall be the same as for the R-1
Residential Zone for dwellings. An area of not less than one (1) square acre per building shall
be required for all other main buildings and for all lots on which animals and fowl are kept.

17-5. Width Requirements.

Same as R-1 Residential Zone for dwellings. For rest homes, churches, schools, and
other main buildings and for lots on which animals and fowl are kept, there shall be a minimum
width of one hundred eighty (180) linear feet.

17-6. Location Requirements.

(1) Side yard requirements are the same as R-1 Residential Zone for dwellings and other
main buildings, except that a minimum side yard for accessory structures such as barns, pens,
coops, and corrals shall be not less than twenty (20) feet if the structure closer to the lot line
would be within one hundred (100) feet of a dwelling on an adjacent lot.

(2) Front yard requirements are the same as R-1 Residential Zone.

(3) Rear yard requirements are the same as R-1 Residential Zone.

(4) Height requirements are the same as R-1 Residential Zone.

(5) Special provisions are the same as in the R-1 Residential Zone, except that all barns,
pens, corrals, and coops intended for the keeping of animals and fowl shall be located at least one
hundred (100) feet from the nearest dwelling or street.

17-7. Other Provisions.

Exceptions to these regulations are provided in Chapter 3 of this Ordinance.

       CHAPTER 18. SINGLE-FAMILY RESIDENTIAL R-1A


     Section 18-1.   Purpose
     Section 18-2.   Permitted Uses
     Section 18-3.   Conditional Uses
     Section 18-4.   Height Regulations
     Section 18-5.   Area, Width, and Yard Regulations
     Section 18-6.   Modifying Regulations

18-1. Purpose.

To provide areas for low density, single-family neighborhoods of spacious and
uncrowded character.

18-2. Permitted Uses.

(1) One (1) single family dwelling built in accordance with currently adopted Uniform
Building Code standards or one (1) manufactured home which satisfies each of the following
criteria:

a. The home has a length not exceeding four (4) times its width.

               b. The pitch of the home's roof has a minimum vertical rise of
               four (4) feet for each twelve (12) feet of horizontal run, and
               the roof is finished with a type of shingle that is commonly
               used in standard residential construction;

               c. The exterior siding consists of wood, brick, stucco, hardboard,
               or aluminum (vinyl covered or painted, but in no case
               exceeding the reflectivity of gloss white paint) comparable in
               appearance, composition, and durability to the exterior siding
               commonly used in standard residential construction;

               d. A continuous, permanent masonry foundation, unpierced
               except for required ventilation and access, is installed
                         under the home according to the Guidelines for Manufactured
               Housing Installation published by the International Conference
               of Building Officials;

               e. The tongue, axles, transporting lights, removable towing
               apparatus are removed after placement on the lot and before
                         occupancy; and

               f. The manufactured home is affixed to the lot by recording an
               "Affidavit of Mobile Home Affixture and Receipt for Surrender
                         of Title" at the office of the Iron County Recorder.

          (2) Household pets.

          (3) The tilling of soil, the raising of crops, horticulture and gardening.

(4) Accessory buildings and uses customarily incidental to the permitted and conditional
permitted uses allowed herein. Proposed accessory buildings which will cover more than
twenty-five (25) percent of the rear yard shall require a Conditional Use Permit.

(5) Churches.

18-3. Conditional Uses.

(1) Child day care or nursery

(2) Cluster subdivision of single-family dwellings, provided that the residential density is
not increased to allow more than one (1) dwelling for each parcel which is seventy-five (75)
percent of the square feet required by the district for single-family dwellings, and that the total
area of the subdivision cluster be not less than five (5) acres, and that at least one-third (1/3) of
the total area of the subdivision be reserved or dedicated as a permanent open space for common
use of the residents, under Planned Development approval.

(3) Golf course

(4) Planned Development

(5) Recreational Courts

(6) Home Occupations

(7) Day Care Centers and Preschools

18-4. Height Regulations.

No building may exceed two and one-half (2«2) stories or thirty-five (35) feet in height
nor be less than one (1) story in height for dwelling. A story in this case is defined to be the
height above the two (2) percent grade from the back of the curb or future curb.

18-5. Area, Width, and Yard Regulations.

District            R-1A
Area               10,000 square feet minimun
Width              65 feet
Front Yard       25 feet
Side Yards         8 feet & 12 feet
Rear Yard        20 feet

18-6. Modifying Regulations.

(1) Side Yards. Main buildings other than dwellings shall have a minimum side yard
of eight (8) feet, and the total of the two (2) side yards shall be twenty-four (24) feet. 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 a 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 rearing
on 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.

(3) Size of Building. The ground floor area of any one-family dwelling shall not be less
than that specified by the Uniform Building Code, exclusive of open porches and carports.

(4) Location of Animals.

1. All animals will be excluded from Main Street and properties 300 feet east and west of Main
Street. All animals will be excluded from 2nd South and 300 feet north and south of 2nd South.

2. In all other areas the keeping of animals on any lot or parcel is permitted under the following
conditions:

          A.   The maximum number of animals allowed on any lot or parcel shall
          be four (4) large animals (horses, cows, mules or ponies shall be considered
          large animals). A maximum of five (5) sheep or goats may be housed on a
          parcel of land in the place of each large animal. A maximum of twenty (20)
          small animals or twenty five (25) fowl may be housed on any parcel.

          B.   Any animals not listed above shall not be allowed unless a conditional use
          permit for said animals is approved by the Planning and Zoning Commission.

          C. Any corral, barn, pen, coop, pasture or other structure housing animals shall be
          located no closer than seventy-five (75) feet from any residential structure located
          on any adjacent lot. This provision does not apply to residential structures located
          on the same lot as the structure housing animals;

              `     D.   Corrals shall be at least one hundred forty four (144) square feet for each
          large animal housed in said corral. All corrals shall be kept in a reasonably
          clean condition at all times. Stud horses shall be housed in strong, paneled
          corrals or stalls, which shall be inspected by the Animal Control Officer.

          E.   Structures housing animals shall not be closer than twenty (20) feet from any
          property line and animals will not be allowed within twenty (20) feet of any
          property line, unless an Affidavit is signed by adjacent property owners allowing
          animals in said area. The Affidavit must be on file with the Planning and Zoning
          Commission. The affidavit shall be deemed null and void at the time of sale of
          any property, however, if a sale is made and a new Affidavit is signed by
          adjacent property owners and filed with the Planning and Zoning Commission,
          then animals may be allowed within said twenty (20) foot area.

          F.   All existing animal confinement structures and pastures which meet the
          requirements for non-conforming use located within 300 feet of Main Street
          and 2nd South shall be designated as non-conforming use.

The provisions of this section shall be strictly enforced and all animals, corrals, structures
and enclosures shall be kept in a reasonably clean condition.

Enforcement of this ordinance shall be subject to the provisions set forth in Chapter 16,
Title 24 of the Parowan City Ordinances.

CHAPTER 19. SINGLE-FAMILY RESIDENTIAL R-1

     Section 19-1.   Purpose
     Section 19-2.   Permitted Uses
     Section 19-3.   Conditional Uses
     Section 19-4.   Height Regulations
     Section 19-5.   Area, Width, and Yard Regulations
     Section 19-6.   Modifying Regulations

19-1. Purpose.

To provide areas for medium and low density, single-family neighborhoods of spacious
and uncrowded character.

19-2. Permitted Uses.

(1) One (1) single family dwelling built in accordance with currently adopted Uniform
Building Code standards or one (1) manufactured home which satisfies each of the following
criteria:

a. The home has a length not exceeding four (4) times its width.

               c. The exterior siding consists of wood, brick, stucco, hardboard,
               or aluminum (vine covered or painted, but in no case exceeding
               the reflectivity of gloss white paint) comparable in appearance,
               composition, and durability to the exterior siding commonly used
               in standard residential construction;

               d. A continuous, permanent masonry foundation, unpierced except
               for required ventilation and access, is installed under the home
               according to the Guidelines for Manufactured Housing
                         Installation published by the International Conference of Building
               Officials;

e. The tongue, axles, transporting lights, removable towing apparatus
are removed after placement on the lot and before occupancy; and

               f. The manufactured home is affixed to the lot by recording an
              "Affidavit of Mobile Home Affixture and Receipt for Surrender
               of Title" at the office of the Iron County Recorder.

(2) Household pets.

(3) The tilling of the soil, the raising of crops, horticulture and gardening.

(4) Churches

(5) Bed and Breakfast Inn

19-3. Conditional Uses.

(1) Child day care or nursery

(3) Golf Course

(4) Planned Development

(5) Recreational Courts

(6) Home Occupations

(7) Day Care Centers and Preschools

19-4. Height Regulations.

No building may exceed two and one-half (2 «) stories or thirty-five (35) feet in height
nor be less than one (1) story in height for dwelling. A story in this case is defined to be the
height above the two (2) percent grade from the back of the curb or future curb.

19-5. Area, Width, and Yard Regulations.

District     R-1
Area         10,000 sqyare feet minimun
Width        75 feet
Front Yard   25 feet
Side Yards    8 feet & 12 feet
Rear Yard    20 feet

19-6. Modifying Regulations.

(1) Side Yards. Main buildings other than dwellings shall have a minimum side yard of
eight (8) feet, and the total of the two (2) side yards shall be twenty (20) feet. 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 a corner lot shall be the same
as the front yard setback required for that district.

(3) Side of Building. The ground floor area of any one-family dwelling shall not be less
than 1,000 square feet, exclusive of open porches and carports.

(4) Location of Animals.

1. All animals will be excluded from Main Street and properties 300 feet east and west of Main
Street. All animals will be excluded from 2nd South and 300 feet north and south of 2nd South.

2.   In all other areas the keeping of animals on any lot or parcel is permitted under the following
conditions:

          A.   The maximum number of animals allowed on any lot or parcel shall
          be four (4) large animals (horses, cows, mules or ponies shall be considered
          large animals). A maximum of five (5) sheep or goats may be housed on a
          parcel of land in the place of each large animal. A maximum of twenty (20)
          small animals or twenty five (25) fowl may be housed on any parcel.

B. Any animals not listed above shall not be allowed unless a conditional use
permit for said animals is approved by the Planning and Zoning Commission.

               D.   Corrals shall be at least one hundred forty four (144) square feet for each
               large animal housed in said corral. All corrals shall be kept in a reasonably
          clean condition at all times. Stud horses shall be housed in strong, paneled
          corrals or stalls, which shall be inspected by the Animal Control Officer.

The provisions of this section shall be strictly enforced and all animals, corrals, structures
and enclosures shall be kept in a reasonably clean condition.

Enforcement of this ordinance shall be subject to the provisions set forth in Chapter 16,
Title 24 of the Parowan City Ordinances.

CHAPTER 20. MULTIPLE-FAMILY RESIDENTIAL DISTRICT R-2

20-1. Purpose.

To provide for high residential density with the opportunity for varied housing styles and character.

20-2. Permitted Uses.

(1) One (1) single family dwelling built in accordance with currently adopted Uniform Building Code standards or one (1) manufactured home which satisfies each of the following criteria:

a. The home has a length not exceeding four (4) times its width.

b. The pitch of the home's roof has a minimum vertical rise of

four (4) feet for each twelve (12) feet of horizontal run, and

the roof is finished with a type of shingle that is commonly

used in residential construction;

c. The exterior siding consists of wood, brick, stucco, hardboard,

or aluminum (vinyl covered or painted, but in no case exceeding

the reflectivity of gloss white paint) comparable in appearance,

composition, and durability to the exterior siding commonly used

in standard residential construction;

d. A continuous, permanent masonry foundation, unpierced except

for required ventilation and access, is installed under the home

according to the Guidelines for Manufactured Housing Installation

published by the International Conference of Building Officials;

e. The tongue, axles, transporting lights, removable towing apparatus

are removed after placement on the lot and before occupancy; and

f. The manufactured home is affixed to the lot by recording an

"Affidavit of Mobile Home Affixture and Receipt for Surrender

of Title" at the office of the Iron County Recorder.

(2) Two-family dwelling

(3) Churches

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(4) Household pets

(5) Residential facilities for handicapped persons complying with all of the criteria and requirements of 10-9-2.5, Utah Code Annotated 1953, as amended, which requirements are incorporated herein by reference.

(6) Bed and Breakfast Inn; Boarding House

20-3. Conditional Uses.

(1) Three-family dwelling

(2) Four-family dwelling

(3) Cluster subdivision, subject to Planned Development approval

(4) Planned Development

(5) Public and quasi-public buildings and uses

(6) Recreational Courts

20-4. Height Regulations.

Height of building to be approved by the Planning Commission. However, no building shall be erected to a height greater than two and one-half (2 ½) stories or thirty-five (35) feet.

20-5. Area, Width, and Yard Regulations.

District

Area

Width

Front Yard

Side Yards

Rear Yard

R-2

10,000 square feet minimum

75 feet

25 feet

8 feet &

12 feet

30 feet

20-6. Modifying Regulations.

(1) Area. The minimum lot shall be ten thousand (10,000) square feet for each one-family dwelling, with three thousand (3,000) square feet for each additional dwelling unit.

(2) Side Yards. Private garages and other 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

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rearing on 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.

(3) Rear Yard. 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 on 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. MULTIPLE-FAMILY RESIDENTIAL DISTRICT R-3

21-1. Purpose.

To provide areas for high residential density with the opportunity for varied housing styles and character.

21-2. Permitted Uses.

(1) One (1) single family dwelling built in accordance with currently adopted Uniform Building Code standards or one (1) manufactured home which satisfies each of the following criteria:

a. The home has a length not exceeding four (4) times its width.

b. The pitch of the home's roof has a minimum vertical rise of

four (4) feet for each twelve (12) feet of horizontal run, and

the roof is finished with a type of shingle that is commonly

used in residential construction;

c. The exterior siding consists of wood, brick, stucco, hardboard,

or aluminum (vinyl covered or painted, but in no case

exceeding the reflectivity of gloss white paint) comparable

in appearance, composition, and durability to the exterior

siding commonly used in standard residential construction.

d. A continuous, permanent masonry foundation, unpierced

except for required ventilation and access, is installed under

the home according to the Guidelines for Manufactured

Housing Installation published by the International

Conference of Building Officials;

e. The tongue, axles, transporting lights, removable towing

apparatus are removed after placement on the lot and

before occupancy; and

f. The manufactured home is affixed to the lot by recording an

"Affidavit of Mobile Home Affixture and Receipt for

Surrender of Title" at the office of the Iron County Recorder.

(2) Three-family and four-family dwellings

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(3) Apartment houses, condominiums, townhouses and other multiple dwellings

(4) Bed and Breakfast Inn; Boarding House

(5) Rest homes and care homes

(6) Clubs and lodges

(7) Hospitals and clinics

(8) Churches

(9) Residential facilities for handicapped persons complying with all of the criteria and requirements of 10-9-2.5, Utah Code Annotated 1953, as amended, which requirements are incorporated herein by reference.

21-3. Conditional Uses.

(1) Mobile home parks

(2) Planned Development

(3) Public and quasi-public buildings and uses

(4) Recreational Courts

21-4. Height Regulations.

No building shall be erected to a height greater than thirty-five (35) feet.

21-5. Area, Width, and Yard Regulations.

District

Area

Width

Front Yard

Side Yards

Rear Yard

R-3

10,000 square feet minimum

55 feet

25 feet

8 feet &

12 feet

30 feet

21-6. Modifying Regulations.

(1) Area. The minimum lot shall be ten thousand (10,000) square feet for each one-family dwelling, with one thousand (1,000) square feet for each additional dwelling unit, and

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not less than seven thousand (7,000) square feet for any main building other than dwellings.

(2) Side Yards. 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 a corner lot shall be the same as the front yard setback required for that district.

(3) Rear Yard. 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

on the side of another lot the minimum rear yard for all buildings shall be the same as the minimum side yard required of the zoning district.

CHAPTER 22. GENERAL COMMERCIAL DISTRICT GC-1

22-1. Purpose.

To provide areas of appropriate locations where convenience buying outlets may be established to serve surrounding residential neighborhoods. The regulations of this district are designed to promote a combination of retail and service facilities which in character and scale are necessary to meet day-to-day needs of area residents.

22-2. Permitted Uses.

(1) Grocery store

(2) Drug store

(3) Bakery

(4) Beauty shop

(5) Barber shop

(6) Ice cream store

(7) Banks

(8) Hardware

(9) Furniture

(10) Antique shops

(11) Apartments

(12) Appliance stores

(13) Arcades

(14) Arts and crafts shops

(15) Athletic clubs

(16) Beer parlors

(17) Bicycle sales and repair shops

(18) Boarding houses

(19) Book stores

(20) Building supply stores

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(21) Cafes and restaurants

(22) Carwash

(23) Clinics

(24) Clubs and fraternal societies

(25) Confectionary stores

(26) Convenience stores

(27) Drive-in fast-food

(28) Dry goods stores

(29) Farm equipment store

(30) Floral shops

(31) Funeral establishment

(32) Jewelry stores

(33) Laundromats

(34) Liquor stores

(35) Lumber yards

(36) Machine shops

(37) Motels

(38) Pawn shops

(39) Public service buildings

(40) Service stations

(41) Shoe stores

(42) Temporary Seasonal Businesses

(43) Tire sales

(44) Variety stores

(45) Repair garage

22-3. Conditional Uses.

(1) Planned Development

(2) Public utilities

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(3) Recreational Courts

(4) Storage Units

(5) Bed & Breakfasts

22-4. Height Regulations.

No building shall be erected to a height greater than two and one-half (2 ½) stories or thirty-five (35) feet without a conditional use permit.

22-5. Area, Width, and Yard Regulations.

District	Area	Width	Front Yard	Side Yards	Rear Yard
GC-1	10,000 square feet minimum	60 feet	25 feet	None, except 15 feet where side yard abuts a residential zone, and 25 feet where side yard is adjacent to a street	None, except 15 feet where rear yard abuts a residential zone

22-6. Modifying Regulations.

(1) Area, Width, and Location requirements shall be the same as R-1 Residential Zone for dwellings.

CHAPTER 23. HIGHWAY SERVICES DISTRICT HS-1

23-1. Purpose.

To provide commercial areas on major highways for the location of travel service and highway oriented commercial uses.

23-2. Permitted Uses.

(1) Restaurant or drive-in cafe

(2) Motels

(3) Mobile home sales

(4) Overnight camping facilities

(5) Automobile service station, auto accessories

(6) Nursery, sale of plant materials

(7) Grocery store; Convenience store

(8) Temporary Seasonal Businesses (i.e. fruit stands and sno-cone shacks).

23-3. Conditional Uses.

(1) Bed & Breakfasts

(2) Planned Development

(3) Public utilities

(4) Recreational Courts

(5) Storage Units

23-4. Height Regulations.

No building or structure shall be erected to a height greater than two and one-half (2 ½) stories or thirty-five (35) feet.

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23-5. Area, Width, and Yard Regulations.

District	Area	Width	Front Yard	Side Yards	Rear Yard
HS-1	10,000 square feet minimum	100 feet	25 feet	None, except 15 feet where side yard abuts a residential zone; 25 feet when abutting a street	None, except 15 feet where rear yard abuts a residential zone

CHAPTER 24. INDUSTRIAL AND MANUFACTURING DISTRICT I & M-1

24-1. Purpose.

To provide space for light non-polluting manufacturing, warehousing, wholesaling, service or other establishments combining the above uses and to locate these establishments in a location compatible with one another and which does not impact the residential quality of the City of Parowan.

24-2. Permitted Uses.

All permitted uses subject to conditional use permit.

24-3. Conditional Uses.

(1) Light non-polluting manufacturing

(2) Warehousing

(3) Wholesaling

(4) Service combining manufacturing, warehousing, and wholesaling

(5) Storage Units

(6) Recreational Courts

(7) Sexually Oriented Businesses

(8) Sexually Oriented Adult Entertainment Businesses

(9) Dog Kennels

24-4. Height Regulations.

Buildings and structures shall have a height not greater than thirty-five (35) feet.

24-5. Area, Width, and Yard Regulations.

District	Area	Width	Front Yard	Side Yards	Rear Yard
I & M-1	10,000 square feet minimum	100 feet	25 feet	15 feet	15 feet

(See modifying regulations for areas adjacent to residential zones)

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24-16. Modifying Regulations.

(1) All processing and assembly of goods shall be conducted completely within a building that is enclosed on all four (4) sides. Exceptions may be allowed by issuance of a Conditional Use Permit.

(2) All buildings which house the processing and/or assembly of goods shall be located not less than two hundred (200) feet from any residential zone boundary.

(3) There shall be no outside storage of materials, finished or unfinished, without appropriate screening as approved by the Planning Commission.

CHAPTER 25. INTERCHANGE DISTRICT I-1

25-1. Purpose.

To accommodate activities which are appropriately located adjacent to a freeway interchange in a manner which is conducive to the health, safety, and general welfare of the citizens of Parowan; and to encourage and maintain an aesthetically pleasing image of the community along its primary avenue of approach.

25-2. Permitted Uses.

(1) Cafes and restaurants

(2) Convenience stores

(3) Drive-in fast-food establishments

(4) Motels

(5) Service stations

(6) Warehousing

25-3. Conditional Uses.

(1) Light non-polluting manufacturing

(2) Administrative, executive, professional, medical, research, or marketing activities

(3) Planned Unit Development

(4) Public utilities

(5) Recreational Courts

25-4. Area, Width, and Yard Regulations.

Buildings and structures shall have a height not greater than thirty-five (35) feet.

25-5. Height Regulations.

Determined by the building official or Planning Commission based upon construction plans submitted for approval.

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25-6. Modifying Regulations.

(1) All processing and assembly of goods shall be conducted completely within a building that is enclosed on all four (4) sides.

(2) All buildings which house manufacturing uses shall be located not less than two hundred (200) feet from any residential zone boundary.

(3) There shall be no outside storage of materials, finished or unfinished--unless adequately screened from public view by a method approved by the building official or Planning Commission.

(4) In keeping with the intent of this district, all uses shall be required to install and maintain landscaping on the property in areas adjacent to dedicated streets. The landscaping strip shall be no less than ten (10) feet in width and shall be planted with lawn and trees in a manner which is both aesthetically pleasing and conducive to the safe operation of vehicles. A landscaping plan will be submitted to the planning commission for review and approval.

CHAPTER 26. HISTORIC PRESERVATION OVERLAY DISTRICT H-P

26-1. Purpose.

This Chapter is enacted and intended for the purpose of more fully preserving historic and architecturally significant districts and landmarks within the City of Parowan, said districts and landmarks being among the City's most valuable cultural, educational and economic assets, and further, so that the character of the districts and landmarks herein shall not be lost through expansion of or changes in commercial or other activities in the City, and further, so that the districts and landmarks herein will be preserved for the future use, observation, education, pleasure, and general welfare of the inhabitants of Parowan City.

26-2. Definitions.

As used in this chapter the following words shall have the following meanings:

(1) Demolition. The act of tearing down, destroying, removing, or otherwise defacing the exterior of any structure within a historic district or landmark site.

(2) Historic District. A defined geographic territory within Parowan City and within which special zoning rules applied pursuant to this Chapter for the purpose of preserving historically significant structures or landmarks.

(3) Landmarks. Any structure, monument, or other historically significant object which is listed with any national or local history society or which is designated pursuant to this Chapter by action of the Historic Preservation Committee.

(4) Monument. Any statue, structure, sign, masonry, or other devise or edifice designed for the purpose of commemorating or marking the location of a historically significant event, person, location, or time.

(5) New Construction. Any attempt whatsoever to alter the existing condition of any property within a historic district or any landmark or monument as defined herein except such activity as falls within the definition of demolition set forth hereinabove.

(6) Remodeling. Repair, renovation, change, modification, deletion, or alteration of any structure existing within a historic preservation district or any landmark or monument as defined herein.

(7) Street Scapes. Any structure or vacant property visible from any public thoroughfare within a historic district.

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(8) Structures. All buildings, walls, fences, signs, utility fixtures, poles, steps, sidewalks, facades, or any appurtenant element thereto.

26-3. Creation of Historic Preservation Committee.

(1) Creation. There is hereby created a Historic Preservation Committee for the City of Parowan. Said committee shall consist of five (5) members, four (4) of whom shall be qualified voters of the City of Parowan, with the remaining member to be a member of the City Planning and Zoning Committee or the Parowan City Council. Said member shall be selected and appointed by the Mayor with the consent of the City Council without respect to their political affiliations and shall serve without compensation, except for reasonable expenses as directed by the Parowan City Council.

(2) Terms of Office, Vacancies. The term of office for the designated member of the Historic Preservation Committee who is also a member of the City Council or an advisor to the Planning Commission shall correspond to tenure in the City Council or Planning Commission. The terms of office for the appointed members of the Historic Preservation Committee shall be for four (4) years. As an exception to this term, the terms of four (4) members of first appointed Historic Preservation Committee shall be one (1), two (2), three (3), and four (4) years respectively, so that no more than two (2) terms will expire in any given year. Each appointment thereafter shall be for a term of four (4) years. Vacancies occurring otherwise than through the expiration of term shall be filled by appointment by the Mayor with the consent of the City Council. The person thus appointed will fill the unexpired term. Members may be removed from the Historic Preservation Committee by a majority vote of the City Council for cause, which cause shall include a repeated and persistent failure to attend at least seventy-five (75) percent of the required meetings during the course of a year or for other non-performance of other duties.

(3) Election of Officers, Meetings. The Historic Preservation Committee shall elect from among its membership a chairman, a vice-chairman, and a secretary and shall adopt policies, rules, and regulations for its own organization and for the transaction of its business, not in conflict with other ordinances of the City or the laws of the State of Utah. Meetings of the Historic Preservation Committee shall be open to the public and shall be held in accordance with requirements of the laws of the State of Utah regarding public meetings. The Historic Preservation Committee shall keep a record of its proceeding in whatever form is deemed most convenient. The Historic Preservation Committee shall meet either regularly or at the call of its chairman with twenty-four (24) hours notice to the public whenever there is business to be transacted by the committee.

(4) Committee Jurisdiction. The jurisdiction of the Historic Preservation Committee shall be limited to the Historic Districts and landmarks and monuments. The committee shall be concerned only with those elements of development, redevelopment, rehabilitation, and preservation that effect visual quality of the Historic District of landmark or monument. The

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committee shall not consider interior design, interior arrangement, or building features not subject to public view nor shall it make any requirement except for the purpose of preventing development or demolition inconsistent with the standards set forth hereinafter.

a. A committee will conduct design review for construction and signs in the following places: Holyoak Lane (200 South) from 600 West to Interstate

15; Old Highway 91 from 200 West to City limits; Main Street from 500

North to Interstate 15; State Highway 143 from the Old Mill to the City

limits. This review is to insure that attractive buildings, signs, and

landscaping are designed for the enhancement of the approaches to the City. These structures are not required to be "thematic" nor of certain building

materials or styles.

(5) List of Historical Buildings, Landmarks, and Monuments. The Historic Preservation Committee may be requested by the Planning and Zoning Commission of Parowan City or the Parowan City Council to compile and supply to those bodies a list of all existing buildings, or other structures as well as monuments and landmarks in Parowan City which the committee deems to be of historic interest because the architecture, period of construction, persons who have resided or events which have occurred therein, or for other appropriate historic reasons. Such a list shall briefly describe each building or structure, the date of its construction, as nearly as can be ascertained, the reason for including in the list and the name and address of its present owner as shown on the records of the County Recorder of Iron County. The Committee shall file such list and subsequent amendments or additions thereto with the Planning and Zoning Commission. Any such list shall be made available to any person desiring the same for only the cost of copying the list.

26-4. Building Inspector Responsibility.

The Building Inspector of Parowan City is hereby empowered to function as the inspecting agent or officer for the Historic Preservation Committee and is authorized to investigate and report at the request of the committee concerning matters of structural integrity, architectural design, location of structures, and other such items as such reports are necessary for the proper operation of the Historic Preservation Committee.

26-5. Designation of District Boundaries.

The following geographical areas are hereby designated as the Parowan Historic Preservation District Number 1.

The district shall include real property within 300 feet of the centerline of any designated street on both sides of the street unless a greater area is specifically described.

Areas composing this Historic Preservation District are as follows:

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(1) Holyoak Lane, also known as 200 South Street, from 600 West to its intersection with Main Street.

(2) Parowan City Main Street (Old Highway 91) from 500 North to 200 South on Highway 91.

(3) Highway 143, also known a East Center Street, from its intersection with Main Street in Parowan City up to and including the Old Mill Road (this will include the Old Mill building).

(4) The entire area bounded on the south by 2nd South, on the north by 2nd North, on the east by 1st East, and on the west by 1st West, enclosing an eight (8) square block area.

(5) All monuments and landmarks existing within the Parowan City limits.

26-6. Changes in Historic District.

The Historic Preservation Committee may recommend to the Planning Commission and City Council of Parowan City such changes as it feels are appropriate in the boundaries of the Historic District created by this Chapter. Such changes are to be adopted, if at all, pursuant to the procedures established for zone changes in the law in the State of Utah and the ordinances of Parowan City.

26-7. Demolition Permits.

It shall be unlawful for any person to demolish any structure or edifice within the Historic District or any landmark or monument without first having procured from the Planning Commission of Parowan City a permit for said demolition. No application for the demolition permit shall be approved without the application first having been referred to Historic Preservation Committee for their recommendations pursuant to this Chapter. Upon receipt of an application for demolition the Historic Preservation Committee shall review the proposed action and within thirty (30) days make its recommendation to the Planning Commission either approving the demolition project as appropriate or recommending denial of the application and stating in said denial its reason therefore. All applications for demolition permits shall be accompanied by a post demolition or post removal schematic construction plan or landscaping plan indicating the future use to which the site is to be put.

26-8. Committee Action.

In the event an application for demolition is referred to the Historic Preservation Committee, and the proposed plan is deemed inappropriate by said Committee, the Committee may require that the Planning and Zoning Commission of Parowan City withhold any action on the application for demolition permit for a period of 45 days during which period the Committee

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shall negotiate with the owner of the property to determine whether an alternative to demolition is appropriate or feasible.

If at the end of the 45 day delay period no solution has been agreed upon, the application shall be forwarded to the Planning Commission for approval and issuance of the permit upon condition that the premises on which the demolition is to occur shall be maintained clean, orderly, and in good condition to avoid becoming an eyesore, weed patch, or otherwise detrimental to the street scape in the area or to public health. The Planning Commission may impose such requirements as it deems fit regarding improvements to be placed on the property after demolition, to include but not be limited to grass and sprinklers, and may require such bonding as necessary to guaranty the installation and maintenance of those improvements as provided under the subdivision ordinance of Parowan City.

26-9. Building Permits.

(1) No application for a building permit for new construction within a Historic District or adjacent to or within one hundred (100) feet of any landmark or monument in Parowan City shall be approved unless such application shall first be referred to the Historic Preservation Committee for its review and recommendation. The same provision shall apply to permits being sought for remodeling or repair to be performed within those same areas.

(2) Upon receipt of an application for remodeling or new construction, the Historic Preservation Committee shall meet and make its recommendations for approval or disapproval of the application within two (2) weeks of the referral. If the Historic Preservation Committee fails to act within the two (2) week period, the application shall be returned to the Planning Commission for consideration and the Planning Commission shall deem the application approved by the Historic Preservation Committee.

26-10. Development Standards.

(1) A passing upon an application to demolish, or demolition in part, or remove, or alter the exterior architectural appearance of any existing building or structure located within any Historic District or landmark or monument area, or an application for new construction or remodeling, the Historic Preservation Committee shall consider, along with the Planning and Zoning Commission, among other things, the historic, architectural, and aesthetic features of the structure, the nature and character of the surrounding area, the use of such structure and its importance to the City, and the feasibility and desirability of preservation of the area. General guidelines to be followed in this consideration are attached hereto and labeled "Appendix A".

(2) In passing upon an application for construction of new buildings or structures in a Historic District, the Historic Preservation Committee and the Planning and Zoning Committee shall consider whether the proposed building or structure will be visually compatible with the buildings and places to which it is to be visually related and will consider the relative heights of

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the buildings, the proportion of the building's front facade to the other buildings in the area, the proportion of the openings within the facade of the facility, the rhythm of solids to voids in front facades, the rhythm of spacing of buildings on the street, the scale of the building, the directional expression of the front elevation, and the presence or absence of sufficient parking.

(3) The above development standards shall supersede any other specified regulations.

26-11. Appeal of Historic Preservation Committee or Planning Commission Decisions.

Any person aggrieved by any decision of the Historic Preservation Committee or the Planning and Zoning Committee may appeal that decision to the Board of Adjustments of Parowan City, in the manner provided in the Parowan City Ordinances.

26-12. Demolition of Hazardous Structures.

This Ordinance shall not prohibit the demolition of structures which pose an immediate hazard to human health and safety as determined by the Building Inspector, or Chief of Police nor shall this Section preclude ordinary maintenance and repair not otherwise subject to Building Department regulation. It is the intent of this Section to preserve from deliberate acts and deliberate or inadvertent neglect, structures within Historic Districts or adjacent to landmarks or monument sites.

26-13. Severability.

If any Section of this Ordinance or part thereof shall be found to be unconstitutional or invalid, such decision shall not effect the validity of the remaining portions of this Ordinance.

26-14. Enforcement and Penalties.

The provisions of this Chapter are subject to the enforcement provisions established in Chapter 1, Sections 10, 11, and 12, Parowan City Ordinances.

CHAPTER 27. PLANNED UNIT DEVELOPMENTS

27-1. Purpose.

In order to encourage a creative approach in the development of land within Parowan City and in the spirit of creatively applying the zoning ordinance, the Parowan City Council may grant an application for a permit for a Planned Unit Development within Parowan City. The regulations of this section are intended to produce Planned Unit Developments which meet the proper standards of open space, light and air, pedestrian and vehicular traffic, and which will provide a variety of land uses which compliment each other and harmonize with existing and proposed land uses in the vicinity.

It is intended that these developments will meet the broad objectives of the master plan and the zoning and subdivision ordinances and will exhibit excellence in design, sight arrangement, integration of uses and structures, and protection to the integrity of the surrounding developments, although it is expected that such Planned Unit Developments may deviate in certain respects from zoning regulations or subdivision regulations when such deviations would not appear to be detrimental to land uses within the area.

27-2. Definitions.

For purposes of this section, certain words and phrases are defined and shall be construed as follows:

(1) Planned Unit Development means the development of a tract of land as an integrated unit under single ownership or control, or if under more than one ownership, developed by the owners jointly. Planned Unit Development shall include multiple dwellings, multiple office buildings, or mobile home areas when developed in accordance with the provisions of this section.

(2) Residential density means the number of residential dwelling units occupying a given land area. Residential density is expressed in terms of either dwelling units per gross acre of land or dwelling units per net acre of land area.

(3) Open space means land areas which are not occupied by buildings, structures, streets, alleys, excepting however, approved landscaping features and active recreational facilities when developed in accordance with this Ordinance.

(4) Useable open space means land area meeting the qualifications and definitions of either useable common open space or unusable private open space.

(5) Useable common open space means open space which is suitably located and

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improved for common recreational purposes and accessible to each lot or dwelling within a Planned Unit Development through a system of public or private walkways; such walkways may abut a private or dedicated right-of-way.

(6) Useable private open space means open space which is designated and maintained for sole and exclusive use of the occupants of not more than one dwelling unit and may include private patio areas.

(7) Active recreational areas means useable common open space which is developed into active recreational facilities, such as swimming pools, tennis courts, handball courts, golf courses, recreational buildings, club houses or other similar facilities.

27-3. Procedure.

(1) No permit for a Planned Unit Development shall be granted by the Parowan City Council unless the proposed site is in a zone where Planned Unit Developments are allowed by this Ordinance.

(2) Along with the application for a Planned Unit Development, the applicant shall submit the following plans for review by the Planning Commission.

a. Tentative subdivision map as provided by the Parowan Subdivision

Ordinance showing alleys, driveways, parking spaces, recreational

facilities, open spaces, landscaped areas, relation to other buildings,

streets, and developments in the same general area, and such other

and additional information as may be requested by the Board of

Adjustments or Planning Commission.

b. Typical floor plans and elevations, complete with dimensions,

exact when developing for mobile homes.

c. A construction schedule and sequence showing the order in

which the proposed development will be completed.

d. Evidence showing that the proposed development is designed

to produce an environment of stable and desirable characteristics

and that areas of open space, parking, recreational facilities,

service and other common areas are consistent with the anticipated

population of the development.

e. A statement setting forth the proposed methods of conveying title,

the type of statement to be granted, the right to use such common

areas as are established in the plan, and whether such right is

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appurtenant to ownership within the development. Any

appurtenant rights shall be made a covenant running with

the land.

f. A statement setting forth the method to be used in maintaining

any common areas, which method shall include a corporation,

partnership, trust, homeowners association, or other legal entity

having the right to assess individual owner within the

development as necessary and according each individual owner

the right to require said legal entity to properly maintain the

common area.

(3) The area covered by the application shall be in one ownership, or if more than one ownership, the application shall be filed jointly by all owners of the property included in one plan.

(4) The number of dwelling units per acre shall not exceed five per acre in the R-1 Zone, with a minimum liveable floor space of one thousand square feet per unit; seven dwelling units per acre in the R-2 Zone, with a minimum liveable floor space of eight hundred fifty square feet; nine dwelling units per acre in the R-3 Zone, with a minimum liveable floor space of seven hundred fifty square feet; and five dwelling units per acre, with a minimum liveable floor space of one thousand feet in the A-1 Agricultural Zone.

(5) No single building shall contain more than sixteen (16) dwelling units.

(6) No single building shall exceed three (3) stories or thirty-five (35) feet in height, whichever is lower.

(7) No residential building in a Planned Unit Development shall face the rear of any other building.

(8) Whenever a Planned Unit Development is adjacent to, or on the opposite side of a street from a residential or A-1 Agricultural Zone, then for each portion of the development adjacent to or across the street from such residential or residential agricultural zone, all yards and setback regulations pertaining to the adjacent or opposite zone shall also apply to said portion of the Planned Unit Development. All open space within a Planned Unit Development shall be occupied as either useable common open space, useable private open space, active recreational areas, or planted into lawn, trees, shrubs and other suitable landscaping.

(9) The required front yard and side yard under this code which faces on a public street shall not be used for automobile parking space but shall be landscaped and maintained with lawns, trees, and shrubs harmonious with the surrounding area, except for permitted driveways.

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(10) All off-street parking spaces and driveway shall be hard surfaced.

(11) In addition to dwellings, office buildings and mobile homes, the Planned Unit Development may include schools, churches, community or public recreational buildings, and other necessary and related community facilities.

(12) No Planned Unit Development may incorporate both mobile homes and permanent residential dwelling units such as are typically permitted in residential zones. Commercial office uses may be included in a Planned Unit Development.

(13) The plans submitted pursuant to this Ordinance must first be submitted to the Parowan City Planning Commission for their review prior to application for a permit for a Planned Unit Development being filed with the City Council. The Parowan City Planning Commission shall review the plan to determine compliance with the master plan, the subdivision, and the zoning ordinance of Parowan City. In considering approval for the development, the Planning Commission, among other things, shall make sure that such development will constitute a residential environment of sustained desirability and stability and that it will not produce a volume of traffic in the surrounding zones in excess of the capacity for which the access streets are designed, that requirements for utilities, off-street parking, traffic circulation and other public requirements will be adequately met and that the ground floor of all buildings shall not exceed forty (40) percent of the area of the land within the development. The Planning Commission may impose reasonable conditions as may be necessary to carry out the intent of this provision.

(14) The plans required herein must be prepared by an architect or engineer licensed to practice in the State of Utah.

(15) Upon compliance with the regulations and requirements herein set forth, and upon approval of such Planned Unit Development by the Planning Commission, the applicant may apply to the City Council for its approval. The City Council may grant a permit for the Planned Unit Development if it finds that the development meets the requirements of the master plan, and the zoning ordinance, and the subdivision ordinance of Parowan City and is otherwise in the best interests of the public. The requirements in excess of those set forth in the subdivision ordinance of Parowan City and this Ordinance may be imposed by the Planning Commission and the City Council where necessarily required to serve the public interest.

27-4. Mobile Home Planned Unit Developments.

Under the same requirements as set forth hereinabove for a Planned Unit Development, an applicant may apply to the Planning Commission and then to the City Council for a permit to establish a Mobile Home Planned Unit Development in Parowan City. Said mobile home developments shall involve the subdivision or a tract of land for the purpose of selling mobile home sites to mobile home owners and users. In addition to any requirements set forth hereinabove for residential Planned Unit Developments, the Planning Commission or City

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Council may impose all requirements set forth in this Ordinance for mobile home parks where it is deemed necessary to protect the public interest.

The purpose of this Ordinance is to allow mobile home owners the opportunity to own the land upon which their mobile home is parked as well as to enjoy the benefits of ownership of common areas, recreational facilities, and other amenities of a Planned Unit Development.

CHAPTER 28. ADOPTION

This Ordinance shall become effective thirty (30) days from its passage or twenty (20) days from its first posting, whichever is most remote from the passage hereof.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF PAROWAN, UTAH THIS 13TH DAY OF JUNE, 1990.

/s/ Dennis Stowell

Dennis Stowell, Mayor

ATTEST:

/s/ Valorie Topham

Parowan City Clerk

(Note: Chapters 1 through 28 of Title 24 were adopted on the above date)

CHAPTER 29. RURAL ESTATE ZONE R-E

(A) Objectives and Characteristics.

The objective in establishing the R-E Rural Estate Zone is to encourage the creation and maintenance of a residential environment within an area which is characterized by large lots (minimum of one acre) on which single family dwellings are situated, surrounded by settings in which the pre-development natural character of the landscape is retained. Native plant species, wildlife habitats, low water consumptive landscapes, minimum vehicular traffic, private lanes connected to public streets, featured or gated entries, building products produced from natural materials, and quiet residential conditions are also characteristic of this zone. While much of this zone is currently devoted to open land uses, it is intended that the land shall be developed into residential uses as the needs arise having characteristics as herein above set forth. The minimum area for an R-E Zone shall be ten (10) acres.

Representative of the uses within the R-E Zone are one family dwellings, parks and playgrounds.

Boarding and lodging houses, two family dwellings, triplexes, apartment houses and other multiple dwellings representative of higher density residential areas are strictly prohibited in this zone. Commercial and industrial uses are strictly prohibited.

Owners and developers of property are advised that primacy is given in this zone to one family dwellings situated on lots 150 feet or greater in width and at least 1 acre in area.

In order to accomplish the objectives and purpose of this ordinance, and to promote the characteristics of this zone the following precise regulations shall apply to the R-E (Rural Estate) Zone:

(B) Use Regulations

The following uses shall be permitted in the R-E Rural Estate Zone:

1. One-family dwellings and the following accessory buildings and structures; private garage and/or barn for the storage of automobiles owned by persons residing on the premises, greenhouse for private use only, private swimming pools, pergolas, arbors.

2. A temporary building or yard storage of construction materials and equipment incidental and necessary to construction of a house development, utilities, or other community facilities, provided such temporary building or yard is located on the same tract of land on which the house, utilities or other community facilities are constructed. A permit therefor shall

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be issued only to the contractor or builder and shall be valid for not more than two (2) years, at the expiration of which time the said building or yard shall be removed from the premises and said use discontinued. Conditional Use Permits are required for said structures.

3. A temporary office building used as an office in connection with the sale of property within a subdivision under construction provided that the temporary office is located on the same part of land as the subdivision. A permit therefor shall be valid for not more than two (2) years, at the expiration of which time said use shall be discontinued. Conditional Use Permits are required for said structures.

4. Household pets are permitted under present Parowan City Ordinances.

An area of not less than one (1) acre (43,560 sq. ft.) shall be provided and maintained for each dwelling and uses accessory thereto. Acreage will be determined by slope contour as follows: 0-8% slope - minimum 1 acre lot; 8-30% slope - minimum 2 acre lot; and 30% slope and greater - minimum 5 acre lot. Proof of slope by applicant will be required before a building permit will be issued.

(D) Width Requirements

The minimum width of any building site for a dwelling shall be one hundred fifty (150) linear feet.

(E) Location of Buildings and Structures

(1) Side Yard Requirements

A minimum side yard of any building shall be twenty (20) feet. Other accessory buildings shall have a minimum side yard of twenty (20) feet and the total width of the two required side yards shall be not less than forty (40) feet. The minimum side yard for a private garage, shall be twenty (20) feet. On corner lots, the side yard which faces on a street, shall be not less than thirty (30) feet for main buildings and not less than thirty (30) feet for accessory buildings.

(2) Front Yard Requirements

The minimum depth of the front yard for main buildings and for private garages which have a minimum side yard of twenty (20) feet shall be thirty-five (35) feet. Other private garages and all accessory buildings other than private garages shall be located at least ten (10) feet in the rear of the main building. No structure, fence, or barrier, shall be constructed in a front yard

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where said structure, fence or barrier would be perpendicular to the street which the front yard faces, so as to divide the front yard into two different yards.

(3) Rear Yard Requirements

The minimum rear yard for any main building shall be thirty (30) feet; the minimum rear yard for main buildings on corner lots shall be thirty (30) feet. The minimum rear yard for accessory buildings shall be thirty (30) feet.

(F) Height Requirements

The maximum height of any building shall be two (2) stories above ground, not to exceed thirty-six (36) feet. Roofs above the square of the building, chimneys, flagpoles, television antennas, and the similar structures not used for human occupancy are excluded in determining height.

(G) Size of Buildings

The ground floor area of any one-family main dwelling shall not be less than twelve hundred fifty (1,250) square feet, exclusive of open porches and carports.

(H) Special Provisions

The required front yard and the required side yard, which abuts upon a street, shall not be used for the parking of automobiles, but shall be landscaped and/or maintained with native trees, shrubs and grasses, or other pre-development landscape features, except for permitted driveways, with a maximum width of 30 feet.

(I) Development Standards and Requirements

1. The minimum area required for a R-E Rural Estate Zone is ten (10) acres.

2. All streets within a Rural Estate Zone shall have a minimum paved width of 32 feet with 10 feet easements on both sides of the street. Easements to be maintained by the property owner. Streets adjacent to a Rural Estate Zone and master planned arterial and collectors shall be fully improved with curb, gutter and sidewalk in accordance with City Engineering Standards.

CHAPTER 30. SEXUALLY ORIENTED BUSINESSES

Section 30-1. Purpose and Definitions.

A. Purpose. It is the purpose and object of this section that the City establish

reasonable and uniform regulations to prevent the concentration of sexually oriented businesses or their location in areas deleterious to the community of Parowan, and to regulate the sign age of such businesses and to control the adverse effects of such sign age and prevent inappropriate exposure to the community. This section is to be construed as a regulation of time, place and manner of the operation of these businesses, consistent with the limitations provided by provisions of the United States and Utah Constitutions. The ordinance shall be known and referred to as the “Sexually Oriented Business Zoning Ordinance.”

B. Definitions. As used in this Section, the following words are defined as follows:

1) Adult Bookstore, Adult Novelty Store, or Adult Video Store means a

commercial establishment

a. which excludes minors from more than fifteen percent of the

retail floor or shelf space of the premises; or

b. which, as one of its principal purposes, offers for sale or

rental, for any form of consideration, any one or more of the following:

books, magazines, periodicals, or other printed matter; or photographs,

films, motion pictures, video cassettes, or video reproductions, slides,

or other visual representations, the central theme of which depicts or

describes “specified sexual activities” or “specified anatomical areas”;

or instruments, devices, or paraphernalia which are designated for use

in connection with “specified sexual activities,” except for legitimate

medically recognized contraceptives.

2) Adult Business means an adult motion picture theater, adult bookstore, or adult video store.

3) Adult Motion Picture Theater means a commercial establishment which:

a. Excludes minors from the showing of two consecutive

exhibitions (repeated showings of any single presentation shall not

be considered a consecutive exhibition); or

b. As its principal business, shows, for any form of consideration,

films, motion pictures, video cassettes, slides, or similar photographic

reproductions which are primarily characterized by the depiction or

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description of “specified sexual activities” or “specified anatomical

areas.”

4) Adult Theater means a theater, concert hall, auditorium, or similar commercial establishment which:

a. holds itself out as such a business; or

b. excludes minors from showing of two consecutive exhibitions

(repeated performance of the same presentation shall not be considered a

consecutive exhibition); or

c. as its principal business, features persons who appear in live

performances in a state of semi-nudity or which are characterized by the

exposure of specified anatomical areas or by specified sexual activities.

5) Employ means hiring an individual to work for pecuniary or any other form

of compensation, whether such person is hired on the payroll of the employer, as an independent contractor, as an agent, or in any other form of employment relationship.

6) Escort means any person who, for pecuniary compensation, dates, socializes,

visits, consorts with, or accompanies or offers to date, consort, socialize, visit, or accompany another or others to or about social affairs, entertainment, or places of

amusement, or within any place of public or private resort or any business or commercial

establishment or any private quarters. Escort shall not be construed to include persons

who provide business or personal services, such as licensed private nurses, aides for the

elderly, or handicapped, social secretaries or similar service personnel whose relationship

with their patron is characterized by a bona fide contractual relationship having a duration

of more than twelve hours and who provide a service not principally characterized as

dating or socializing. Escort shall also not be construed to include persons providing

services such as singing telegrams, birthday greetings, or similar activities characterized

by appearances in a public place, contracted for by a party other than the person for whom the service is being performed and of a duration not longer than one hour.

7) Escort Service means an individual or entity who, for pecuniary compensation, furnishes or offers to furnish escorts, or provides or offers to introduce patrons to escorts.

8) Escort Service Runner means any third person, not an escort, who, for

pecuniary compensation, acts in the capacity of an agent or broker for an escort service,

escort, or patron by contracting or meeting with escort services, escorts, or patrons at any location within the City, whether or not such third person is employed by such

escort service, escort, patron, or by another business, or is an independent contractor

or self-employed.

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9) Nudity means a state of dress in which the areola of the female breast, or

male or female genitals, pubic region, or anus are covered by less than the covering

required in the definition of semi-nude.

10) Operator means the manager or other natural person principally in

charge of a sexually oriented business.

11) Outcall Service means service of a type performed by a sexually oriented

business employee outside of the premises of the licensed sexually oriented business,

including but not limited to escorts, models, dancers, and other similar employees.

12) Patron means any person who contract with or employs any escort

service or escort or the customer of any business licensed pursuant to this Chapter.

13) Pecuniary Compensation means any commission, fee, salary, tip gratuity,

hire, profit, reward, or any other form of consideration.

14) Person means any person, unincorporated association, corporation,

partnership, or other legal entity.

15) Semi-nude means a state of dress in which opaque clothing covers no more

than the areola of the female breast; and the male or female genitals, pubic region, and anus shall be fully covered by an opaque covering no narrower than four inches wide in

the front and five inches wide in the back, which shall not taper to less than one inch wide

at the narrowest point.

16) Semi-nude Dancing Agency means any person, agency, firm, corporation,

partnership, or any other entity or individual which furnishes, books, or otherwise engages or offers to furnish, book, or otherwise engage in the service of a professional

dancer licensed pursuant to this Chapter for performance or appearance at a business

licensed for adult theaters.

17) Semi-nude Entertainment Business means a business, including adult

theater, where employees perform or appear in the presence of patrons of the business

in a state of semi-nudity. A business shall also be presumed to be a semi-nude

entertainment business if the business holds itself out as such a business.

18) Sexually Oriented Business means semi-nude entertainment businesses,

sexually oriented outcall services, adult businesses, and semi-nude dancing agencies, as

defined by this Chapter.

19) Sexually Oriented Business Employees means those employees who work

on the premises of a sexually oriented business in activities related to the sexually

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oriented portion of the business. This includes all managing employees, dancers, escorts,

models, and other similar employees, whether or not hired as employees, agents, or as

independent contractors. Employees shall not include individuals whose work is unrelated to the sexually oriented portion of the business, such as janitors, bookkeepers,

and similar employees. Sexually oriented business employees shall not include cooks,

serving persons, and similar employees, except where they may be managers or supervisors of the business. All persons making outcall meetings under this Chapter,

including escorts, models, guards, escort runners, drivers, chauffeurs, and other similar

employees, shall be considered sexually oriented business employees.

20) Specified Anatomical Areas means the human male or female pubic area or

anus with less than a full opaque covering, or the human female breast below a point

immediately above the top of the areola, with less than full opaque covering.

21) Specified Sexual Activities means:

a. Acts of (I) masturbation, (ii) human sexual intercourse,

(iii) sexual copulation between a person and a breast, (iv) fellatio

(v) cunnilingus, (vi) bestiality, (vii) buggery, or (viii) any anal

copulation between a human male and another human male, human

female, or breast;

b. Manipulating, caressing or fondling by any person of:

(I) the genitals of a human, (ii) the pubic area of a human, (iii) the

breast or breasts of a human female;

c. Flagellation or torture by or upon a person clad in undergarments,

a mask or bizarre costume, or the condition of being fettered, bound or

otherwise physically restrained on the part of the one so clothed.

Section 30-2. Obscenity Statutory and Lewdness Provisions.

A. Notwithstanding anything contained in this Chapter, nothing in this Chapter shall be deemed to permit or allow the showing or display of any matter which is contrary to the provisions of the Parowan Municipal Code, or other applicable State or Federal Statutes prohibiting obscenity.

B. Notwithstanding anything contained in this Chapter, nothing in this Chapter shall be deemed to permit or allow conduct or the showing or display of any matter which is identified as lewdness under the criminal code of the State of Utah. Provided, however, that for purpose of sexually oriented businesses the definition of “private parts” shall be construed to mean “nudity” as defined in this Chapter.

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Section 30-3. Location and Zoning Restrictions.

It is unlawful for sexually oriented businesses to do business in any location within the

City not zoned for such business.

Section 30-4. Business License Required.

It is unlawful for any person to operate a sexually oriented business, as specified herein, without first obtaining a general business license and a sexually oriented business license. The sexually oriented business license shall specify the type of business for which it is obtained.

Section 30-5. Exemptions From Licensing Requirements.

The provisions of this Chapter shall not apply to any sex therapist or similar individual licensed by the State to provide bona fide sexual therapy or counseling, licensed medical practitioner, licensed nurse, psychiatrist, psychologist, nor shall it apply to any educator licensed by the State for activities in the classroom.

Section 30-6. Business Categories - Number of Licenses.

A. It is unlawful for any business premises to operate or be licensed for more than one

category of sexually oriented business, except that a business may have a license for both outcall

services and a semi-nude dancing agency on the same premises.

B. The categories of sexually oriented businesses are:

(1) Outcall services;

(2) Adult businesses;

(3) Semi-nude entertainment businesses;

(4) Semi-nude dancing agency.

Section 30-7. Employee Licenses.

It is unlawful for any sexually oriented business to employ or for any individual to be employed by a sexually oriented business in the capacity of a sexually oriented business employee, unless that employee first obtains a sexually oriented business employee license.

Section 30-8. License Required.

A. It is unlawful:

1. for any person to operate a sexually oriented business without a valid

sexually oriented business license issued by the City pursuant to this Title.

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2. for any person who operates a sexually oriented business to employ

a person to work for the sexually oriented business who is not licensed as a

sexually oriented business employee by the City pursuant to this Chapter.

3. for any person to obtain employment with a sexually oriented business

without having secured a sexually oriented business employee license pursuant to

this Chapter.

B. An application for a license must be made on a form provided by the City.

C. All applicants must be qualified according to the provisions of this Chapter. The application may request and the applicant shall provide such information (including fingerprints) as to enable the City to determine whether the applicant meets the qualifications established in this Title.

D. If a person who wishes to operate a sexually oriented business is an individual, the person must sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is a corporation, limited liability company, partnership, joint venture, or another form of entity other than an individual, each individual or entity that has a twenty percent (20%) or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under the following Section and each applicant shall be considered a licensee if a license is granted.

E. The completed application for a sexually oriented business license shall contain the following information and shall be accompanied by the following documents:

(1) If the applicant is:

a. an individual, the individual shall state his/her legal name and

any aliases and submit proof that he/she is eighteen (18) years of age;

b. a partnership, the partnership shall state its complete name, and the

names of all partners, whether the partnership is general or limited, and

provide a copy of the partnership agreement, if any;

c. a corporation, the corporation shall state its complete name, the date

of its incorporation, evidence that the corporation is in good standing under the laws of its state of incorporation and the State of Utah, the

names and capacity of all officers, directors and principal stockholders,

and the name of the registered corporate agent as well as the address of

the registered office for service of process.

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(2) If the applicant intends to operate the sexually oriented business under a name other than that of the applicant; he or she must state:

a. the sexually oriented business’s fictitious name; and

b. submit the required registration documents.

(3) Whether the applicant, or a person residing with the applicant, has been convicted of a specified criminal activity as defined in the Chapter, and, if so, the specified criminal activity involved, the date, place, and jurisdiction of each occurrence.

(4) Whether the applicant, or a person residing with the applicant, has had a previous license under this Title, or other similar sexually oriented business ordinances from another city or county, denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended

or revoked, as well as the date of denial, suspension or revocation, and whether the

applicant or a person residing with the applicant has been a partner in a partnership or an

officer, director or principal stockholder of a corporation that is licensed under this Title

whose license has previously been denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or

revoked as well as the date of denial, suspension or revocation.

(5) Whether the applicant or a person residing with the applicant holds any other

licenses under this Title or other similar sexually oriented business ordinance from

another city or county and, if so, the names and locations of such other licensed businesses.

(6) The single classification of license for which the applicant is filing.

(7) The location of a proposed sexually oriented business, including a legal

description of the property, street address, and telephone number(s), if any.

(8) The applicant’s mailing address and residential address.

(9) A recent photograph of the applicant(s).

(10) The applicant’s driver’s license number, social security number, and/or

his/her state or federally issued tax identification number.

(11) A sketch or diagram showing the configuration of the premises,

including a statement of total floor space occupied by the business. The sketch or

diagram need not be professionally prepared, but it must be drawn to a designated

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scale or drawn with marked dimensions of the interior of the premises to an accuracy

of plus or minus six (6) inches.

(12) A current certificate and straight-line drawing prepared within thirty

days prior to application by a registered land surveyor depicting the proper lines and

the structures containing any existing sexually oriented businesses within one thousand

(1,000) feet of the property to be certified; the property lines of any established religious

institution/synagogue, school, or public park or recreation area within one thousand (1,000) feet of the property to be certified. For purposes of this Section, a use shall be

considered existing or established if it is in existence at the time an application is

submitted, or a building permit has been obtained.

(13) If an applicant wishes to operate a sexually oriented business, which shall

exhibit on the premises, in a viewing room or booth of less than one hundred fifty (150)

square feet of floor space, films, video cassettes, other video reproductions, or live

entertainment which depict specified sexual or specified anatomical areas, then the

applicant shall comply with the application requirements set forth herein.

(14) If the property on which the sexually oriented business is to be located,

is owned by any person or entity other than the applicant, the applicant shall submit

a letter, signed by said owner, stating that the applicant has fully disclosed to the

owner that the business to be operated is a sexually oriented business, and that the

type and nature of the inventory has also been disclosed.

F. Before any applicant may be issued a sexually oriented business employee license, the applicant shall submit on a form to be provided by the City the following information:

(1) The applicant’s name or any other name (including “stage” names) or aliases used by the individual.

(2) Age, date, and place of birth;

(3) Height, weight, hair and eye color;

(4) Present residence address and telephone number;

(5) Present business address and telephone number;

(6) Date, issuing state and number of driver’s permit or other identification

card information;

(7) Social Security number;

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(8) Proof that the individual is at least eighteen (18) years of age.

G. Attached to the application form for a sexually oriented business employee license as provided above, shall be the following:

(1) A color photograph of the applicant clearly showing the applicant’s face, and the applicant’s fingerprints on a form provided by the police department. Any fees for the photographs and fingerprints shall be paid by the applicant.

(2) A statement detailing the license history of the applicant for the five (5) years immediately preceding the date of the filing of the application, including whether such applicant previously operated or is seeking to operate a sexually oriented business,

in this or any other county, city, state, or country, and if he has ever ha a license, permit,

or authorization to do business denied, revoked, or suspended. In the event of any such

denial, revocation, or suspension, state the name of the business, the name of the issuing

or denying jurisdiction, and describe in full the reason for the denial, revocation, or

suspension. A copy of any order of denial, revocation, or suspension shall be attached to the application.

(3) A statement whether the applicant has been convicted of a specified criminal

activity as defined in this Chapter and, if so, the specified criminal activity involved, the date, place and jurisdiction of each.

Section 30-9. Issuance of License.

A. Upon the filing of said application for a sexually oriented business employee license,

the application shall be referred to the appropriate city departments for an investigation to be made on such information as is contained on the application. The application process shall be completed within thirty (30) days from the date the completed application is filed. After the investigation, the City shall issue a license, unless it is determined by a preponderance of the evidence that one or more of the following findings is true:

(1) The applicant has failed to provide information reasonably necessary for issuance of the license of has falsely answered a question or request for information

on the application form;

(2) The applicant is under the age of eighteen (18) years.

(3) The applicant has been convicted of a “specified criminal activity,” as

defined in this Chapter.

(4) The sexually oriented business employee license is to be used for

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employment in a business prohibited by Federal, local or State law, statute, rule or

regulation or prohibited by a particular provision of this Code; or

(5) The applicant has had a sexually oriented business employee license

revoked by the City within three (3) years of the date of the current application.

However, if the revocation was based on a criminal conviction, no application

will be accepted for five (5) years from the termination o all probation, formal or

informal, and all other sentencing conditions. Denial, suspension, or revocation of

a license issued pursuant to this Subsection shall be subject to appeal as set forth in

this Chapter.

B. A license granted pursuant to this Section shall be subject to annual renewal upon the written application of the applicant and a finding by the City that the applicant has not been convicted of any specified criminal activity as defined in this Chapter or committed any act

during the existence of the previous license, which would be grounds to deny the initial license application. The renewal of the license shall be subject to the payment of the fee as set forth in the Consolidated Fee Schedule.

C. Within thirty (30) days after receipt of a completed sexually oriented business application, the City shall approve or deny the issuance of a license to an applicant. The City shall approve the issuance of a license to an applicant unless it is determined by a preponderance of the evidence that one or more of the following is true:

(1) An application is under eighteen (18) years of age.

(2) An applicant or a person with whom applicant is residing is overdue in

payment to the City of taxes, fees, fines, or penalties assessed against or imposed upon

him/her in relation to any business.

(3) An applicant has failed to provide information reasonably necessary for

issuance of the license or has falsely answered a question or request for information on the application form.

(4) An applicant or a person with whom the applicant is residing has been denied a license by the City to operate a sexually oriented business within the preceding twelve (12) months or whose license to operate a sexually oriented business has been revoked within the preceding twelve (12) months.

(5) An applicant or a person with whom the applicant is residing has been

convicted of a specified criminal activity defined in this Chapter.

(6) The premises to be used for the sexually oriented business has not been

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approved by the health department, fire department, and the building official as being,

in compliance with applicable laws and ordinances.

(7) The license fee required by this Chapter has not been paid; or

(8) An applicant of the proposed establishment is in violation of or is not in

compliance with any of the provisions of the Parowan City Ordinance, or state law.

D. The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, the address of the sexually oriented business and the classification for which the license is issued. All licenses shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that they may easily read at any time.

E. The health department, fire department, and the building official shall complete their certification that the premises is in compliance or not in compliance within twenty (20) days of receipt of the application by the City.

F. A sexually oriented business license shall issue for only one classification as set forth herein.

Section 30-10. License - Fees.

A. Every application for a sexually oriented business license, whether for a new license or for an existing license, shall be accompanied by a non-refundable application and investigation fee.

B. In addition to the application and investigation fee required above, every sexually oriented business that is granted a license (new or renewal) shall pay to the City an annual nonrefundable license fee within thirty (30) days of license issuance or renewal.

C. Every application for a sexually oriented business license, whether for a new license or for renewal of an existing license, shall be accompanied by an annual nonrefundable application investigation, and license fee.

D. All fees required hereunder are as follows:

(1) Regulatory yearly business regulatory license fees:

a. Adult business and semi-nude dancing bars, one hundred dollars ($100);

b. Outcall business, two hundred dollars ($200);

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c. Semi-nude dancing agencies and semi-nude entertainment

businesses, one hundred fifty dollars ($150);

(2) For each business applicant, an initial investigation fee of one hundred dollars ($100) is required for each applicant directed to submit a separate disclosure

application;

(3) Yearly sexually oriented business employee license fee:

a. Any employee providing outcall business services away from the

premises of the business, one hundred fifty dollars ($150);

b. Adult business employees, outcall business employees requiring a

license but not performing any services outside the licensed premises,

semi-nude entertainment business employees requiring a license but

not individually providing semi-nude entertainment services to

customers, semi-nude dancing bar employees requiring a license

but who are not performers, and employees of semi-nude dancing

agencies requiring licenses but who are not performers, fifty dollars

($50);

c. Employees of semi-nude entertainment business personally providing

semi-nude entertainment to patrons, one hundred fifty dollars ($150);

d. Professional dancers performing in semi-nude dancing bars, one hundred dollars ($100).

B. Any individual applying for more than one license at the same time shall pay the higher of any applicable fee, plus an additional twenty dollars ($20) for each additional license requested.

C. These fees shall be in addition to the other licenses and fees required to do business in the City.

D. License and Bond. Each application for a sexually oriented business license shall post with the City’s Director of Business Licenses a cash or corporate security bond payable to the City of Parowan in the amount of Five Thousand Dollars ($5,000). Any fines assessed against the business, officers or managers for violations of City ordinances shall be taken from this bond if not paid in cash within ten (10) days after notice of the fine, unless an appeal is filed as provided by this Chapter. In the event the funds are drawn against the cash or surety bond to pay such fines, the bond shall be replenished to Five Thousand Dollars ($5,000) within fifteen days of the date of notice of any draw against it. In the event the bond is not replenished within

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the fifteen days, the license granted by this Chapter shall automatically be suspended until such time as the bond is replenished.

Section 30-11. License Premises, Location, and Name.

A. It is unlawful to conduct business under a license issued pursuant to this Chapter at any location other than the licensed premises. Any location to which telephone calls are automatically forwarded by such business shall require a separate license.

B. It is unlawful for any sexually oriented business to do business in the City under any name other than the business name specified in the application.

Section 30-12. Inspection.

A. An applicant or licensee shall permit representative of the Police Department, Health Department, Fire Department or other City departments or agencies to inspect the premises of sexually oriented businesses for the purpose of ensuring compliance with the law, at any time it is occupied or open for business.

B. A person who operates a sexually oriented business or an agent or employee thereof

commits a misdemeanor if they refuse to permit such lawful inspection of the premises at any time it is occupied or open before business.

Section 30-13. Expiration of License.

A. Each license shall expire one year from the date of issuance and may be renewed only by making application as provided herein. Application for renewal shall be made at least thirty (30) days before the expiration date, and when made less than thirty (30) days before the expiration date, the expiration of the license will not be affected.

B. When the City denies renewal of a license, the applicant shall not be issued a license for one year from the date of denial. If, subsequent to denial, the City finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at lease ninety (90) days have elapsed since the date denial became final.

Section 30-14. License - Notice of Change of Information.

Any change in the information required to be submitted under this Chapter for either a sexually oriented business license or sexually oriented business employee license shall be given, in writing, to the Business and Economic Services administrator and the Police Department within fourteen (14) days after such change.

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Section 30-15. License - Transfer Limitations.

Sexually oriented business license granted under this Chapter shall not be transferable. It is unlawful for a license held by a corporation, partnership, or other noncorporate entity to transfer any part in excess of ten percent thereof, without filing a new application and obtaining prior City approval. If any transfer of the controlling interest in a business license occurs, the license is immediately null and void, and the business shall not operate until a separate new license has been properly issued by the City as provided in this Chapter.

Section 30-16. License - Display.

It is unlawful for any sexually oriented business location within the boundaries of the City to fail to display the license granted pursuant to this Chapter in a prominent location within the business premises. It is unlawful for any individual licensed pursuant to this Chapter to fail to carry, at all times while engaged in licensed activities within the corporation boundaries of the City, their employee license on their person. If the individual is nude, such license shall be visibly displayed within the same room the employee is performing. When requested by police, City licensing or other enforcement personnel or health official, it is unlawful to fail to show the appropriate license while engaged in licensed activities within the corporation boundaries of the City.

Section 30-17. License - Statement in Advertisements.

It is unlawful for any advertisement by the sexually oriented business or employee to fail to state that the business or employee is licensed by the City, and shall include the City license number.

Section 30-18. Location of Sexually Oriented Businesses.

It shall be unlawful to establish, operate, manage, promote, or conduct a Sexually Oriented Business in any place other than an Industrial and Manufacturing Zone, more commonly referred to as an I & M zone.

Section 30-19. Purpose.

In order to establish reasonable and uniform regulations to prevent the concentration of sexually oriented businesses or their locations in areas deleterious to the City, regulate the sign age of such businesses, control the adverse effects of such sign age, and prevent inappropriate exposure to such businesses to the community. The City hereby establishes the following regulation of time, place, and manner of the operation of these businesses, consistent with the United States and Utah Constitutions.

A. All sexually oriented businesses shall be subject to the following restrictions:

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(1) No sexually oriented business shall be located within 1000 feet of:

a. a church, synagogue, mosque, temple or building which is used

primarily for religious activities.

b. a public or private educational facility including but not

limited to child day-care facilities, nursery schools, pre-schools,

kindergartens, elementary schools, private schools, intermediate

schools, secondary schools, continuation schools, special education

schools, junior colleges, and universities. School includes the

school grounds, but does not include facilities used primarily for

another purpose and only incidentally as a school;

c. a public park or recreation area which has been designated for

park or recreational activities including, but not limited to a park,

playgrounds, nature trails, swimming pool, reservoir, athletic field,

basketball or tennis courts, pedestrian/bicycle paths, wilderness

areas, or other similar public land within the City which is under the

control, operation, or management of the City Park and Recreation

authorities;

d. an entertainment business which is oriented primarily towards

children or family entertainment.

(2) No sexually oriented business shall be located within 600 feet of:

e. a boundary of a residential district as defined in the Parowan

City Zoning code; or

f. the property line of a lot devoted to a residential use as defined

in the Parowan City Zoning code;

B. A person commits a Class B Misdemeanor if that person causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business within one thousand feet (1000) of another sexually oriented business.

C. For the purpose of this Section, measurements shall be made in a straight line, without regard to the intervening structures or objects from the nearest portion of the building or structure used as part of the premises where a sexually oriented business is conducted, to the nearest property lien of the premises of a use listed above. Presence of a City, County, or other political subdivision boundary shall be irrelevant for purposes of calculating and applying, the distance requirements of this Section.

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D. For the purpose of this Section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to the intervening structures or objects or political boundaries, from the closest exterior wall of the structure which each business is located.

Section 30-20. Defective Non-conforming Businesses.

Any sexually oriented business lawfully operating upon adoption of this Ordinance that is in violation hereof shall be deemed as a non-conforming use. The non-conforming use will be permitted to continue for a period not to exceed one year, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. Such non-conforming use shall not be increased, enlarged, extended, or altered except that the use may be changed to a conforming use.

Section 31-21. Signs.

Notwithstanding anything contrary contained within, Sign Regulations, of Parowan City, the more restrictive requirements for signs shall prevail. Signs for sexually oriented business shall be limited as follows:

A. No more than one exterior sign shall be allowed on any sexually oriented business premises;

B. No sign on the sexually oriented business premises shall be allowed to exceed eighteen square feet.

C. No animation shall be permitted on or around any sexually oriented business sign, or on the exterior walls or roof of such premises.

D. No descriptive art or designs depicting any activity related to or inferring the nature of the business shall be allowed on any sexually oriented business sign. Said signs shall contain alphanumeric copy only.

E. Only flat wall signs shall be permitted for any sexually oriented businesses.

F. Painted signs or painted wall advertising shall not be allowed.

G. Other than the signs specifically allowed by this Chapter, the sexually oriented business shall not attach, construct, or allow to be attached or constructed any temporary sign, banner, light, or other device designed to draw attention to the business location.

Section 30-22. Regulations and Unlawful Activities.

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It is unlawful for any sexually oriented business or sexually oriented business employee

to:

A. Allow persons under the age of eighteen years on the licensed premises, except that in adult businesses which exclude minors from less than all of the business premises, minors shall not be permitted to excluded areas;

B. Allow, offer, or agree to conduct any outcall business with persons under the age of eighteen years;

C. To allow, offer, or agree to allow any alcohol to be stored, used, or consumed on or in the licenses premises;

D. Allow the outside door to the premises to be locked while any customer is in the premises.

E. Allow, offer, or agree to gambling on the licensed premises.

F. Allow, offer, or agree to any sexually oriented business employee touching or being touched by any patron or customer; except that outcall employees and customers may touch, except that any touching of specified anatomical areas, whether clothed or unclothed, is prohibited.

G. Allow, offer, or agree to illegal possession, use, sale, or distribution of controlled substances on the licensed premises;

H. Allow sexually oriented business employees to possess, use, sale, or distribute controlled substances while engaged in the activities of the business.

I. Allow, offer, or agree to commit prostitution, solicitation of prostitution, solicitation of a minor, or committing activities harmful to a minor to occur on the licensed premises or, in the event of an outcall employee or business, the outcall employee committing, offered, or agreeing to commit prostitution, attempting to commit prostitution, soliciting prostitution, soliciting a minor, or committing activities harmful to a minor;

J. Allow, offer, or commit, or agree to any specified sexual activity as validly defined by City ordinances, Federal or State statute in the presence of any customer or patron;

K. Allow, offer, or agree to any outcall employee appearing before any customer or patron in a state of nudity;

L. Allow, offer, or agree to allow a patron or customer to masturbate in the presence of the sexually oriented business employee or on the premises of a sexually oriented business.

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M. Allow, offer, or agree to commit an act of lewdness as defined in this Title.

Section 30-23. Prohibition Against Children in a Sexually Oriented Business.

A person commits a Class B Misdemeanor if the person allows another under the age of 18 years on the premises of a sexually oriented business. A licensee has an affirmative obligation to ensure that no person on the premises is under the age of eighteen (18).

Section 30-24. Hours of Operation.

No sexually oriented business may remain open at any time between the hours of one o’clock (1:00) A.M. and eight o’clock (8:00) A.M.

Section 30-25. Outcall Services - Operation Requirements.

It is unlawful for any business employee providing outcall services contracted for in the City to fail to comply with the following requirements:

A. All businesses licensed to provide outcall services pursuant to this Chapter shall provide to each patron a written contract in receipt of pecuniary compensation for services. The contract shall clearly state the type of services to be performed, the length of time such services shall be performed, the total amount such services shall cost the patron, and any special terms or conditions relating to the services to be performed. The contract need not include the name of the patron. The business licensee shall keep and maintain a copy of each written contract entered into pursuant to this Section for a period not less than one year from the date of provision of services thereunder. The contracts shall be numbered and entered into a register listing the contract number, date, names of all employees involved in the contract, and pecuniary compensation paid.

B. All outcall businesses licensed pursuant to this Chapter shall maintain an open office or telephone at which the licensee or licensee’s designated agent may be personally contacted during all hours outcall employees are working. The address and phone number of the license location shall appear and be included in all patron contracts and published advertisements. For outcall businesses which premises are licensed within the corporate limits of the City, private rooms or booths where the patrons may meet with the outcall employee shall not be provided at the open office or any other location by the service, nor shall patrons meet outcall employees at the business premises.

C. Outcall services shall not advertise in such a manner that would lead a reasonably prudent person to conclude that specified sexual activities would be performed by the outcall employee.

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D. All employees of outcall services who provide outcall services within the City shall be licensed in accordance with this Chapter, regardless of the primary location of the business.

Section 30-26. Adult Business - Design of Premises.

A. In addition to the general requirements of disclosure for a sexually oriented business, any application for a license as an adult business shall also submit a diagram, drawn to scale, of the premises of the license. The design and construction, prior to granting a license or opening for business, shall conform to the following:

(1) The interior of the premises shall be configured in such a manner than there

is an unobstructed view from a manager’s station of every area of the premises to

which any patron is permitted access for any purpose, excluding restrooms.

(2) Restrooms may not contain any video reproduction equipment or

any of the business merchandise. Signs shall be posted requiring only one person

being allowed in the restroom per stall, and only one person in any stall at a time,

and requiring that patrons shall not be allowed access to manager’s station areas.

(3) For businesses which exclude minors from the entire premises, all

windows, doors and other apertures to the premises shall be darkened or otherwise constructed to prevent anyone outside the premises from seeing the inside of the

premises. Businesses which exclude minors from less than all of the premises

shall be designed and constructed so that minors may not see into the area from

which they are excluded.

(4) The diagram required shall not necessarily be a professional

engineer’s or architect’s blueprint; however, the diagram must show marked

internal dimensions, all overhead lighting fixtures, and ratings for illumination

capacity.

B. It shall be the duty of the licensee and the licensee’s employees to insure that the views from the manager’s station remain unobstructed by any doors, walls, merchandise, display racks, or any other materials at all times that any patron is present in the premises, and to insure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted.

C. The premises shall at all times be equipped and operated with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one footcandle, measured at floor level. It shall be the duty of the licensee and the licensee’s employees present on the premises to insure that the illumination described above is maintained at all times that any patron is present in the premises.

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Section 30-27. Semi-nude Entertainment Business - Design of Premises.

A. It is unlawful for business premises licensed for semi-nude entertainment to:

(1) Permit a bed, sofa, mattress, or similar item in any room on the premises,

except that a sofa may be placed in a reception room open to the public or in any office

to which patrons are not admitted, and except that in an adult theater such items may be

on the stage as part of a performance;

(2) Allow any door on any room used for the business, except for the door to

an office to which patrons shall not be admitted, outside doors, and restroom doors to

be secured from the inside;

(3) Provide any room in which the employee or employees and the patron or patrons are alone together without a separation by a solid physical barrier at least three feet high and six inches wide. The patrons shall remain on one side of the barrier and the employee or employees shall remain on the other side of the barrier.

B. Adult theaters shall also require that the performance area shall be separated from the patrons by a minimum of three feet, which separation shall be delineated by a physical barrier at least three feet high.

Section 30-28. Semi-nude Entertainment Business - Location Restriction.

It is unlawful for any business licensed for semi-nude entertainment to be located within three hundred thirty feet of a business licensed for the sale or consumption of alcohol.

Section 30-29. Alcohol Prohibited.

A. It is unlawful for any business licensed pursuant to this Chapter to allow the sale, storage, supply or consumption of alcoholic beverages on the premises.

B. It is unlawful for any person to possess or consume any alcoholic beverage on the premises of any sexually oriented business.

Section 30-30. Semi-nude Dancing Agencies.

A. It is unlawful for any individual or entity to furnish, book, or otherwise engage the services of a professional dancer, model, or performer to appear in a state of semi-nudity for pecuniary compensation in or for any semi-nude entertainment business or adult theater licensed pursuant to this Chapter, unless such agency is licensed pursuant to this Chapter.

B. It is unlawful for any individual or entity to furnish, book, or otherwise engage of

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permit any person to perform as a professional dancer, model, or performer in a state of semi-nudity, either gratuitously or for compensation, in or for any business licensed pursuant to this Chapter, unless such person is licensed pursuant to this Chapter.

Section 30-31. Performers - Prohibited Activities.

It is unlawful for any professional dancer, model, or performer, while performing in any business licensed pursuant to this Chapter, to:

(1) Touch in any manner any other person;

(2) Throw any object or clothing off the stage area;

(3) Accept any money, drink, or any other object directly from any person; or

(4) Allow another person to touch such performer or to place any money or object

on the performer or within the costume or person of the performer; or

(5) Place anything within the costume or adjust or move the costume while performing so as to render the performer in a state of nudity.

Section 30-32. Patrons - Prohibited Activities.

It is unlawful for any person or any patron of any business to touch in any manner any performer; to place any money or object on or within the costume or person of any performer; or to give or offer to give to any such performer any drinks, money, or object while such performer is performing; except that money may be placed on the stage, which shall not be picked up by the performer except by hand.

Section 30-33. Nudity - Defenses to Prosecution.

It is a defense to prosecution or violation under this Chapter that a person appearing in a state of nudity did so in a modeling class operated;

(1) By a proprietary school licensed by the state, or a college, junior college, junior college, or university supported entirely or partly by taxation;

(2) By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation.

Section 30-34. Existing Businesses - Compliance Time Limits.

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A. The provisions of this Chapter shall be applicable to all persons and businesses described herein, whether the herein-described activities were established before or after the effective date of the provisions codified in this Chapter and regardless of whether such persons and businesses are currently licensed to do business in the City.

(1) All such persons and businesses requiring outcall services licenses shall

have forty-five days from the effective date of the ordinance codified in this Chapter,

or until their license must be renewed, whichever is first, to comply with the provisions

of this Chapter.

(2) All semi-nude dancing agency licenses shall have seventy-five days

from the effective date of the ordinance codified in this Chapter, or until their license

must be renewed, whichever is first, to comply with the provisions of this Chapter.

(3) All adult businesses and semi-nude entertainment businesses shall have

one hundred thirty-five days from the effective date of the ordinance codified in this Chapter, or until their current license must be renewed, whichever is first, to comply

with the provisions of this Chapter.

Section 30-35. Violation - Injunction When.

An entity or individual who operates or causes a sexually-oriented business to be operated without a valid license, or who employs or is employed as an employee of a sexually-oriented business, or who operates such a business or functions as such an employee in violation of the provisions of this Chapter is subject to a suit for injunction in addition to the civil and criminal violations provided herein, and any other remedy available at law or in equity.

Section 30-36. Violation - License Suspension or Revocation.

A. The City may issue a notice suspending or revoking a sexually-oriented business or employee license granted under this Chapter if a license or an employee of the license has:

(1) Violated or is not in compliance with this Chapter;

(2) Refused to allow any inspection of the premises of the sexually oriented

business specifically authorized by this Chapter or by any other statute or ordinance.

(3) Failed to replenish the cost bond as provided in this Chapter (such a

suspension shall extend until the bond has been replenished);

(4) Given materially false or misleading information in obtaining a license;

(5) Knowingly operated the sexually oriented business or worked under the

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employee license during the period when the business license or employee licensee’s

license was suspended;

(6) A licensee has committed an offense which would be grounds for denial

of a license for which the time period required has not elapsed;

(7) On two or more occasions within a twelve-month period, a person or persons

committed in or on, or solicited for on the licensed premises, or an outcall employee solicited or committed on or off the premises, an offense which would be grounds for

denial of license for which a conviction has been obtained, and the person or persons

were employees, whether or not licensed, of the sexually oriented business at the time

the offenses were committed;

(8) A licensee is delinquent in payment to the City for ad valorem taxes, or

sales taxes related to the sexually oriented business.

B. Suspension or revocation shall take effect within fifteen days of the issuance of notice, unless, an appeal is filed as provided by this Chapter.

C. The fact that a conviction is being appealed shall have no effect on the revocation of the license.

Section 30-37. Effect of License Revocation.

When a license issued pursuant to this Chapter is revoked, the revocation shall continue for one year from its effective date, and the licensee shall not be issued a sexually oriented business or employee license for one year from the date of such revocation.

(This Ordinance - Title 24, Chapter 30 - Sexually Oriented Businesses, was adopted by the Parowan City Council on August 27, 1998)

CHAPTER 31. JUVENILE GROUP HOMES

Section 31-1. Definitions

Section 31-2. Application and Permit

Section 31-3. Special Permit Standards and Approval Process

Section 31-4. Responsibility to License

Section 31-5. Currently Existing Group Homes

Section 31-1. Definitions. As used in this Section:

1) “Juvenile Group Home” shall be defined as a 24-hour group living environment for

adolescents under the age of 18, unrelated to an owner or operation within the standard

(3) degrees of consanguinity, which offers room, board or services to residents within the

facility.

2) “Violent” shall be defined as any felony violation of 76-6-103, aggravated arson;

76-5-103(1)(a), aggravated assault, involving intentionally causing serious bodily

injury to another; 76-5-302, aggravated kidnapping; 76-7-203, aggravated burglary;

76-6-302, aggravated robbery; 76-5-405, aggravated sexual assault; 76-10-508,

discharge of a firearm from a vehicle; 76-5-202, attempted aggravated murder;

76-5-203, attempted murder; or any other offense involving the use of a dangerous

weapon which would be a felony if committed by an adult.

Section 31-2. Application and Permit. The establishment of a juvenile group home shall be subject to the application and authorization of a conditional use permit which shall be approved by the Parowan City Council after preliminary approval or disapproval has been obtained from the Parowan City Planning Commission. The Parowan City Council, prior to acting on the application, shall receive a recommendation from the Planning Commission and entertain public comment at a duly noticed public hearing.

Section 31-3. Special Permit Standards and Approval Process.

(1) Any person, business or entity desiring to establish a juvenile group home shall obtain approval by following the procedures set forth herein. This process shall be initiated by submitting an application to the Parowan City Offices and paying a fee in the amount of Four Hundred Dollars ($400). The Applicant shall further provide the Parowan City Office with five (5) courtesy copies prior to review by the Planning Commission and seven (7) courtesy copies prior to review by the Parowan City Council.

(2) The application shall include sufficiently detailed site plans, building plans or remodeling plans, and other information necessary to determine compliance with building, safety and health regulations and standards applicable to similar dwellings. The Planning Commission shall review the site and building or remodeling plans and specify any modifications and improvements necessary to bring the structure and site into compliance with applicable local and state codes. If the proposed group home is to be established in a residential structure, said structure shall be capable of use as a juvenile group home without structural or landscaping alterations that would change the residential character of the structure. A site plan must be submitted showing any alteration of the structure or landscaping and any alteration must be approved by the Planning Commission before a conditional use permit is approved. Additionally, the facility shall conform to all applicable building, fire, health, and safety codes and requirements for a facility of this type as set forth under state uniform codes.

(3) The applicant shall obtain from the Parowan City Fire Department and acknowledgment that the structure complies with the Uniform Fire Code as adopted under Title 53, Chapter 7, Section 106, Utah Code Ann., 1953 as amended.

(4) Occupancy of the structure shall be such that each resident is provided adequate personal space. A residential facility shall ensure that each bedroom space in the facility has a floor area, excluding closet space, of at least 110 square for the initial occupant and an additional 50 square feet for each additional occupant in the bedroom.

(5) The applicant must verify compliance with all applicable requirements, regulations and standards of the Department of Human Services of the State of Utah governing the license and operation of juvenile group homes.

(6) The application shall be submitted to the Planning Commission for the purpose of a public hearing to receive public input regarding the application and for final approval at least thirty (30) days prior to the hearing. At least fourteen (14) days before the public hearing, the applicant shall provide written notification, either in person or by certified mail, return receipt requested, to all citizens living within or owning property within 1,000 feet of the proposed group home site.

(7) The applicant shall obtain a letter from the Police Department stating that sufficient safety precautions have been established to assure both the safety of Parowan City citizens as well as the youth group home residents. The applicant shall be required to address any concerns of the Police.

(8) The applicant shall agree to obtain a written undertaking with at least one surety and provide the City of Parowan with a Certificate of Bond for not less than $100,000 to insure the safety of Parowan Citizens and to guarantee sufficient compensation for any damages caused by any resident(s) of the juvenile group home.

(9) The Parowan City Council shall be the final approving authority, subject to the applicant’s right of appeal to the Board of Adjustments. Upon determination of compliance with all the requirements of this section, the Parowan City Council shall provide notice of approval for the proposed facility. However, where, in the opinion of the Parowan City Council, the

information provided by the applicant is insufficient or the facility is not in compliance with the requirements of this section, the application may be denied.

(10) Upon receipt of approval by the Parowan City Council, the operator of the juvenile group home shall be eligible to secure an annual group housing permit from Parowan City. Said permit shall be valid for one (1) calendar year and shall be renewed annually subject to:

a) the receipt of a renewal application that shall include the information

and certification required under this section for each of the occupants as

of the date of renewal; and

b) a finding by the Parowan City Council that during the preceding year

the group home has been operating in compliance with the terms of this

section and any other conditions of approval.

(11) A permit to operate a juvenile group home shall be:

a) non-transferable; and

b) shall terminate if, at any time, it is demonstrated to the Parowan City

Council that: (i) the structure is devoted to use other than the juvenile

group home; or (ii) the structure fails to comply with the requirements

of this section; or (iii) The program has failed to operate in accordance

with the requirements of this section.

(12) If the Parowan City Council specifically finds that the tenancy of an individual in a juvenile group home would constitute or oppose a direct or serious threat to the health or safety of other individuals, or whose tenancy would result in substantial physical damage to the property of others, based on the reasonable medical judgment of health care professionals, it may impose appropriate conditions or deny the occupancy to that individual. The Parowan City Council shall have the authority to request sufficient information to make an informed judgment with respect to this provision, but such information shall not become a matter of public record and shall be obtained in a manner with respect to the privacy of the individual resident or occupant of the facility including the right to discuss the individual’s information in an executive session. The applicant’s to provide such information shall be justification for a denial of occupancy of the individual in question. Failure to provide the information required herein shall also constitute sufficient cause to revoke the conditional use permit.

(13) In order to promote the deinstitutionalization and integration of residents of group homes into the community and to enable them to function and contribute to the residential neighborhood, the Parowan City Council may require that juvenile group homes not be located within ½ of a mile of another existing residential facility for persons with a disability, residential facility for the elderly or another juvenile group home.

(14) The facility shall provide one off-street parking space for each staff member plus an additional minimum of three (3) parking spaces for visitors and guests. Tandem parking shall not be considered in this determination. No portion of the group home’s yard shall be used to provide parking space as required without prior approval of the Parowan City Council. Any use of the yard as parking space shall not change the residential character of the property if the propose group home is located in a previously-existing residential structure.

(15) No person who is violent shall be placed in a juvenile group home.

(16) The operator(s) of the facility shall provide assurances that the residents of the facility will be properly supervised on a 24-hour basis and the juvenile group home shall contain sufficient safety mechanisms to insure proper tracking of the residents. No more than two (2) minor children for each adult staff member shall reside in the group home, and no more than four (4) minor children shall reside in a group home at one time. This provision shall not be construed to apply to any state operated youth correctional facility.

(17) Placement in the facility is on a strictly voluntary basis and is not part of or in lieu of confinement rehabilitation or treatment in a correctional facility.

(18) The applicant must obtain and maintain all licenses from the State of Utah Department of Human Services required to operate a juvenile group home and provide the City of Parowan with proof of such licenses.

(19) The applicant shall obtain a business license in accordance with Title 10, et seq., from the Parowan City Recorder prior to the commencement of operating the juvenile group home.

(20) The group home operator shall provide the City with proof of adequate insurance of the programs vehicles, hazard insurance on the home, and liability insurance to cover residents and third-party individuals.

(21) The operator of the facility shall establish a community advisory committee which shall address complaints and concerns of neighbors. Each complaint must be documented by operator and forwarded to the Parowan City Office, along with a written plan of action on how the concern will be resolved. The committee shall consist of two (2) persons who either own property or reside within 1,000 feet of the juvenile group home and who shall be appointed by the City, one (1) representative from the City and one (1) representative appointed by the juvenile group home.

Section 31-4. Responsibility to License. The responsibility to license programs or entities which operate a juvenile group home, as well as to require and monitor the provision of adequate services to persons residing in those facilities, shall rest with the Department of Human Services as provided in Utah Code Annotated 62A-2-114.

Section 31-5. Currently Existing Group Homes. Any juvenile group home currently existing within the jurisdiction of Parowan City, shall, within sixty (60) days of the effective date of his Ordinance, obtain and file with the Parowan City Offices an application for Nonconforming Use Permit from the Parowan City Office. The application shall present documentation of a current business license as set forth and required under Title 10, Chapter 1, Licenses, of the Parowan City Code. The application shall not be approved until all documentation has been provided in accordance with the terms herein stated.

Chapter 31 - Juvenile Group Homes was adopted by the Parowan City Council on February 12, 1998 (refer to Ordinance No. 98-2-1)

CHAPTER 32. RESIDENTIAL TREATMENT FACILITIES FOR PERSONS WITH DISABILITIES

Section 32-1. Applicability

Section 32-2. Definitions

Section 32-3. Purpose

Section 32-4. Permitted Uses

Section 32-5. Requirements

Section 32-6. Transferability

Section 32-1. Applicability. If any facility, residence, domicile, business or other circumstance meets the definition of a residential facility for persons with a disability as set forth in this Chapter the requirements of this section shall govern notwithstanding any other provisions of this Title. Except as provided herein, the requirements of this Chapter shall not be construed to prohibit or limit other applicable provisions of this Title, the Parowan City Code or other laws.

Section 32-2. Definitions. Disability means any physical or mental impairment that substantially limits one or more of a person’s major life activities, including a person having a record of such an impairment, or being regarded as having such an impairment, by a qualified person trained to make such determinations. “Disability” does not include current illegal use of, or addiction to, any federally-controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C. 802, or successor law. As used in this definition, the following shall be controlling:

A. “Physical or mental impairment” includes:

1. Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory; including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine; or

2. Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness; and specific learning disabilities.

3. The term physical or mental impairment includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, Human Immunodeficiency Virus infection, mental retardation, emotional illness, drug addiction (other than addiction caused by current, illegal use of a controlled substance) and alcoholism.

B. “Major life activities” means functions such as caring for one’s self, performing

manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.

C. “Has a record of such impairment” means has a history of, or has been mis-classified as having a mental or physical impairment that substantially limits one or more major life activities.

D. “Is regarding as having an impairment” means:

1. Has a physical or mental impairment that does not substantially

limit one or more major life activities;

2. Has a physical or mental impairment that does not substantially

limit one or more major life activities only as a result of the attitudes

of others toward such impairment; or

3. Has none of the impairments defined in paragraph (a) of this

definition but is treated, by a qualified and trained person in making

impairment evaluations, as having such an impairment.

E. Reasonable Accommodation: A change in a rule, policy, practice, or service necessary to afford a person equal opportunity to use and enjoy a dwelling. As used in this definition:

1. “Reasonable” means a requested accommodation will not

undermine the legitimate purposes of existing zoning regulations

notwithstanding the benefit that the accommodation would provide

to a person with a disability.

2. “Necessary” means the applicant must show that, but for the

accommodation, one or more persons with a disability likely will be

denied an equal opportunity to enjoy housing of their choice.

3. “Equal opportunity” means achieving equal results as between a

person with a disability and a non-disabled person.

F. Rehabilitation/Treatment Facility: A facility licensed by or contracted by the State of Utah to provide temporary occupancy and supervision of adults or juveniles in order to provide rehabilitation, treatment, or counseling services. Without limitation, such services may include behavior, alcohol & drug abuse, sex offenders, sexual abuse,

or mental health. Associated education services may also be provided to juvenile

occupants. A rehabilitation/treatment facility does not include a residential facility

for persons with a disability.

G. Residential Facility for Persons with a Disability: A dwelling unit or other place in

which more than one person with a disability resides and, if required by State law, is

licensed or certified by:

1. The Utah Department of Human Services under Title 62A, Chapter 2,

of the Utah Code, Licensor of Programs and Facilities; or

2. The Department of Health under Title 26, Chapter 21, of the Utah Code,

Health Care Facility Licensing and Inspection Act.

Section 32-3. Purpose. The purposes of this section are:

A. To comply with Section 10-9-605 of the Utah Code; and

B. To avoid discrimination and housing against persons with a disability as provided in the Utah Fair Housing Act and the Fair Housing Amendments Act is interpreted by Courts having jurisdiction in Utah.

Section 32-4. Permitted Uses. A residential facility for persons with a disability shall be a

permitted use in any zone district where a dwelling is allowed. Each such facility should conform to the following requirements:

A. The facility should comply with all building, safety, and health regulations applicable

to similar structures. As part of this requirement the following site and development standards and part standards shall be applicable:

1. Each facility shall be subject to minimum site developments applicable

to a single family dwelling or other similar dwellings in the zone of which

the facility is located.

2. The minimum number of parking spaces required for a residential facility

for persons with a disability shall be the same as those for a single family

dwelling located in the same zoning district in which the facility is located.

Section 32-5. Requirements. The following requirements must be met before resident facilities shall be placed into operation:

A. No facility shall be made available to any individuals whose tenancies would constitute a direct threat to the health and safety of other individuals; or

B. Result in substantial physical damage to the property of others

C. Each facility shall be licensed or certified by the Department of Human Services or

the Department of Health to establish and operate the facility and shall:

1. Provide a copy of such license certification to the City; and

2. Certify a sworn affidavit stating that no person will reside or

Remain in the facility who will:

a) Constitute a direct threat to the health and safety of other

individuals; or

b) Result in substantial physical damage to property of others.

D. No residential facility for persons with a disability, license for the housing of more than three disabled persons, as defined hereunder, shall be established or maintained within one-half mile in a straight line between the closest property lines of the lots of the parcels of the following similar facilities:

1. Another residential facility for persons with a disable license for

the housing of more than three (3) disabled persons.

2. A residential facility for the elderly with more than five (5) elderly

persons in a residence; or

3. In any of the following facilities, protective housing facility,

transitionalizing facility, assisted living facility or rehabilitation treatment

facility.

E. Prior to occupancy of any facility, the person or entity operating the facility, the

person operating the same shall:

1. Provide to Parowan City a copy of any license or certification

required by the State of Utah Department of Health or the Utah State

Department of Human Services; and

2. Certify with the City that the individuals residing in the program

Will not have any tendencies which would constitute a direct threat

to the health and safety of other individuals; or

3. Result in substantial physical damage to the property of others

F. Reasonable Accommodation Required: None of the requirements of this Chapter shall be interpreted to limit any reasonable accommodation necessary to allow the

establishment or occupancy of a residential facility for persons with a disability. Any person wanting a reasonable accommodation shall make application to Planning & Zoning and shall articulate in writing the nature of the requested accommodation and the basis for the request which shall be responded to within 30 days unless just cause is shown to require a longer response period. Any appeal from said decisions shall be to the Board of Adjustments.

Section 32-6. Transferability. The use permitted by this section is non-transferable and shall be terminated if:

A. The facility is devoted to a use other than a residential facility for persons with a

disability; or

B. The license or certification issued by the Department of Human Services or the

Department of Health terminates or is revoked; or

C. The facility fails to comply with the conditions enumerated in this section.

This Chapter 32 of Title 24, Zoning Ordinance entitled “Residential Treatment Facilities for Persons with Disabilities” was adopted by the Parowan City Council on May 23, 2002 (Refer to Ordinance No. 2002-05-01)

CHAPTER 33. AIRPORT OVERLAY ZONING¹

Section 33-1. Purpose and Findings

Section 33-2. Definitions

Section 33-3. Maps & Boundaries

Section 33-4. Airport Height Limitations

Section 33-5. Airport Compatible Land Use Regulations

Section 33-6. Nonconforming Structures & Uses

33-1. Purpose and Findings.

(A) Purpose. It is the purpose of this Chapter to regulate and restrict the height of structures and objects of natural growth, and otherwise regulating the use of property, in the vicinity of the Parowan Municipal Airport by creating the appropriate zones and establishing the boundaries thereof; providing for changes in the restrictions and boundaries of such zones; defining certain terms used herein, referring to the Parowan Municipal Airport Height Restriction and Compatible Land Use Overlay Zoning Maps which are incorporated in and made a part of this ordinance; and, providing for enforcement.

(B) Findings. To assist communities in the appropriate land use and height restriction designations, the Federal Aviation Administration (FAA) has published two documents, FAR Part 77, Objects Affecting Navigable Airspace, and Advisory Circular (AC) 150/5300-13, Airport Design. This Chapter incorporates the guidelines set forth in these FAA documents. Based on ths information, Parowan City finds:

1) That the creation or establishment of an obstruction has the potential of being

a public nuisance and may injure the region served by the Parowan Municipal Airport; and

2) That the encroachment of noise sensitive or otherwise incompatible land uses within certain areas as set forth herein below may endanger the health, safety, and welfare of the owners, occupants, or users of the land; and

3) That it is necessary in the interest of the public health, public safety, and

general welfare that the creation or establishment of obstructions that are a hazard

to air navigation be prevented; and

4) That the Parowan Municipal Airport fulfills an essential community purpose.

33-2. Definitions.

Airport - Parowan Municipal Airport

Airport Elevation - The highest point of an airport’s usable landing area measured in feet from mean sea level. This elevation is 5,924 feet MSL (NAVD 88).

Approach Surface - A surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach area height limitation slope set forth in Section 33-4 of this Ordinance.

Hazard to Air Navigation - An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.

Height - For the purpose of determining the height limits in all areas set forth in this Ordinance and shown on the area map, the datum shall be mean sea level elevation unless otherwise specified.

Heliport Primary Surface - The primary surface coincides in size and shape with the designated takeoff and landing area of a heliport. This surface is horizontal plane at the elevation of the established heliport elevation.

Larger than Utility Runway - A runway that is constructed for and intended to be used by propeller driven aircraft of greater that 12,500 pounds maximum gross weight and jet powered aircraft.

NAVD 88 - North American Vertical Datum 1988. All elevations in this ordinance are referenced to the1988 North American Vertical Datum. To convert elevations referenced to the 1927 National Geodetic Vertical Datum (NGVD 29) to the NAVD 88 datum, add 3.5 feet to the NGV 29 elevation.

Nonprecision Instrument Runway - A runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in nonprecision instrument approach system is planned and is so indicated on an approved Airport Layout Plan or any other planning document.

Obstruction - Any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in Section 33-4 of this Ordinance.

Person - An individual, firm, partnership, corporation, company, association, joint stock association, or governmental entity; includes a trustee, a receiver, an assignee, or a similar representative of any of them.

Precision Instrument Runway - A runway having an existing instrument approach procedure utilizing an Instrument Landing System (ILS), a Precision Approach Radar (PAR) or a Global Positioning System (GPS). It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document.

Primary Surface - A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway; for military runways or when the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface is set forth in Section 33-4(A) of this Ordinance. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

Runway - A defined area on an airport prepared for landing and takeoff of aircraft along its length.

Structure - An object, including mobile object, constructed or installed by man, including but without limitation, buildings, towers, cranes, smokestacks, earth formation, and overhead transmission lines.

Transitional Surfaces - These surfaces extend outward at 90 degree angles to the runway centerline and the runway centerline extended at a slope of seven (7) feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces, which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the approach surface and at 90 degree angles to the extended runway centerline.

Tree - Any object of natural growth.

Utility Runway - A runway that is constructed for and intended to be used by propeller driven aircraft of 12,500 pounds maximum gross weight and less.

Visual Runway - A runway intended solely for the operation of aircraft using visual approach procedures.

33-3. Maps & Boundaries. The boundaries of the Airport Compatible Land Use Overlay Zones are delineated upon the Airport Compatible Land Use Overlay Zoning Map. The boundaries of the Airport Height Restriction Areas are delineated upon the Parowan Municipal Airport Height Restriction Overlay Map. Said maps are adopted by reference and made a part of this Chapter as fully as if the same were set forth herein in detail. Where uncertainty exists as to the boundaries of the Airport Compatible Land Use Overlay Zones and/or the Airport Height Restriction Areas as shown on the official Maps, the following rules shall apply:

1. Boundaries shall be scaled from the nearest physical feature shown on the maps.

2. Boundaries may be scaled from the nearest platted lot line as shown on the maps.

3. Distances not specifically indicated on either of the original maps shall be determined by a scaled measurement.

4. Where physical features on the ground differ from the information shown on either of the official maps or when there arises a question as to how or where a parcel of property is located in relation to an airport compatible land use zone or an airport height restriction area and such questions cannot be resolved by the application of the appropriate section of this Chapter, the property shall be considered to be classified as the most restrictive airport compatible land use overlay zone or airport height restriction area.

5. Where a parcel of land lies within more than one (1) airport compatible land use overlay zone or airport height restriction area, the zone or area within which each portion of the property is located shall apply individually to each portion of the development.

33-4. Airport Height Limitations.

(A) Airport Height Restriction Areas. In order to carry out the provisions of this Article, there are hereby created and established certain areas which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to the Parowan Municipal Airport. Such areas are shown on the Parowan Municipal Airport height restriction overlay map. Height restrictions shall be implemented according to FAR Part 77, Objects Affecting Navigable Airspace.

Nonprecision Instrument Runway Approach Area (larger than utility aircraft) - The inner edge of this approach area coincides with the width of the primary surface and is 500 feet wide. The approach surface expands uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet from the primary surface. The centerline of the approach area is a continuation of the centerline of the runway.

Transitional Areas - The transitional areas are beneath the transitional surfaces.

Horizontal Areas - The horizontal area is established by swinging arcs of 10,000 feet radii from the center of each end of the primary surface of the primary runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal area does not include the approach and transitional areas.

Conical Area - The conical area commences at the periphery of the horizontal area and extends outward therefrom a horizontal distance of 4,000 feet.

(B) Airport Height Limitations. Except as otherwise provided in this Ordinance, no structure shall be erected, altered, or maintained, and no tree shall be allowed to grow in any area created by this Ordinance to a height in excess of the applicable height limit herein established for such area. Such applicable height limitations are hereby established for each of the areas in question as shown on the Parowan Municipal Airport height restriction overlay zoning map. When determined appropriate by the City, a person may be required to submit a Notice of Proposed Construction or Alteration to the FAA to address any height concerns.

Visual Runway Approach Surface - Slopes twenty (20) feet outward for each foot upward beginning at the end of, and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline.

Nonprecision Instrument Runway Approach Surface - Slopes thirty-four (34) feet outward for each foot upward beginning at the end of, and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline.

Transitional Surface - Slope seven (7) feet outward for each foot upward beginning at the sides of, and at the same elevation as the primary surface and the approach surface, and extending to a height of 150 feet above the airport elevation. In addition to the foregoing, there are established height limits sloping seven (7) feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface, and extending to where they intersect the conical surface.

Horizontal Surface - Established at 150 feet above the airport elevation or at a height of 6,074 feet above mean sea level (MSL).

Conical Surface - Slopes twenty (20) feet outward for each foot upward beginning at the periphery of the horizontal area and at 150 feet above the airport elevation (6,074 feet MSL) and extending to a height of 350 feet (6,274 feet MSL) above the airport elevation.

33-5. Compatible Land Use Regulations.

A) Airport Compatible Land use Overlay Zones Established. For the purpose of regulating the development of noise sensitive land uses to promote compatibility between the Airport and the surrounding land uses, to protect the Airport from incompatible development and to promote the health, safety, and general welfare of property users, the controlled area of the Parowan Municipal Airport is divided into four (4) airport compatible land use overlay zones, and shall be known as:

Runway Protection Zone (RPZ) - This zone begins at the end of the primary surface of each runway. For runways 4 and 22 the zone begins at a width of 500 feet and expands outward uniformly to a width of 1,010 feet at a horizontal distance of 1,700 feet from the primary surface.

Approach Zone (AZ) - This zone applies to Runways 4 and 22. The approach zones begin at the end of the primary surface on each runway end at a width of 500 feet and expand outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet.

Traffic Pattern Zone (TPZ) - The traffic pattern zone is established by swinging arcs of 10,000 feet radii from the center of each end of the primary surface of the runway 4/22 and connecting the adjacent arcs by drawing lines tangent to those arcs. Excluded from this zone is the area located more than a perpendicular distance of 1,700 feet southeast of the runway.

Airport Influence Zone (AIZ) - The airport influence zone commences at the periphery of the traffic pattern zone and extends outward therefrom a horizontal distance at 4,000 feet. Excluded from this zone is the area located more than a perpendicular distance of 1,700 feet east of the runway centerline.

When compatible land use overlay zones overlap, the more restrictive zone shall apply.

B) Use of Land Buildings.

(1) Within the Airport Compatible Land Use Overlay Zones as defined herein; no land shall hereafter be used and no structure or other object shall hereafter be erected, altered, converted, or modified other than for those compatible land uses permitted by underlying comprehensive zoning districts, as specified in this Chapter. Additionally, land uses not compatible with the Airport Compatible Land Use Overlay Zones, as set forth in the following land use table, regardless of underlying zoning, are prohibited. Uses designated as “P” are permitted, those designated as “N” are not permitted.

Residential - those uses identified in the R-3 zoning district (section 21-1), and including hotels, motels and mobile homes

Churches, schools, hospitals, places of public assembly

Transportation, parking, cemeteries

General Commercial Uses

Industrial & Manufacturing Uses

Agricultural - cropland, open space

Agricultural - Livestock

Recreational - parks, playgrounds, golf courses, zoos

Outdoor spectator sports

Amphitheaters

AIZ TPZ AZ RPZ

P P N* N

P P N N

P P P N

P P P P

P P P N

P N N N

Note: Development Projects which are wildlife attractant, including sewage ponds and landfills, within 10,000 feet of the airport are unacceptable (Ref: FAA AC 150/5200-33)

*Land within the Approach Zone which is south and west of the runway may have single-family residential uses as long as they are no more dense than one dwelling per 10,000 square feet of land area (Parowan City R-1 Zoning) and are located as far as practical away from the centerline extended from the runway.

*If permitted, navigation easements and disclosure must be required as a condition of development.

(2) Where any prohibited use of land and buildings set forth in this Section 33-5(B) conflicts with any use of land and buildings set forth in Title 24, Parowan City Code (Zoning Ordinance), as an allowed use on the Zoning Map, the more restrictive regulation shall apply.

(3) Owners of property within the approach zone, in advance of receiving a building permit, shall grant a navigation easement to Parowan City Corporation. The purpose of this easement shall be to establish a maximum height restriction on the use of property and to hold the public harmless for any damages caused by noise, vibration, fumes, dust, fuel, fuel particles, or other effects that may be caused by the operation of aircraft landing at, taking off from, or operating on, or at, Parowan Municipal Airport.

(4) Owners of property constructing new buildings or structures within the Approach Zone where the public is received, office areas, noise sensitive areas, or where the normal noise level is low, or dwellings, shall incorporate measures to achieve at least 25bB sound attenuation.

C) Additional Land Use Regulations.

(1) On property within the airport compatible land use overlay zoning map jurisdiction, but outside the City limits of Parowan City, the Iron County Parowan Airport Overlay Ordinance shall apply to the property to establish the prohibited uses.

(2) Notwithstanding any other provisions of this Chapter or other Chapter of the Parowan City Municipal Code and/or Utah State Municipal Code, no use may be made of land, water, or structures within any zone established by this Chapter in such a manner as to create electrical interference with navigational signals or radio communication between the Airport and aircraft, make it difficult for pilots to distinguish between Airport lights and others, or result in glare in the eyes of pilots using the Airport; impair visibility in the vicinity of the Airport; create bird strike hazards, or otherwise in any way endanger or interfere with the landing, taking off, or flight operations of aircraft utilizing the Airport. The FAA documents; FAR Part 77, Objects Affecting Navigable Airspace and, Advisory Circular (AC) 150/5300-13, Airport Design, should be consulted.

(3) When a subdivision plat is required for any property within the approach zone, the property owner shall grant a navigation easement to Parowan City Corporation over and across that property. This easement shall establish a height restriction on the use of the property and hold the public harmless from any damages caused by noise, vibration, fumes, dust, fuel, fuel particles, or other effects that may be caused by the operation of aircraft taking off, landing, or operating on or near the Parowan Municipal Airport. A delineation of the Approach Zone boundary shall be required on all subdivision plat containing property within the Approach Zone.

33-6. Nonconforming Structures & Uses.

A) Regulations Not Retroactive. The regulations prescribed by this Ordinance shall not be construed to require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this Ordinance, or otherwise interfere with the continuance of nonconforming use. Nothing contained herein shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this Ordinance, and is diligently prosecuted.

B) Marking and Lighting. Notwithstanding the preceding provision of this Section, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by Parowan City Corporation to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such markers and lights shall be installed, operated, and maintained at the expense of the Parowan Municipal Airport.

______________________________________________

Chapter 33 - Airport Overlay Zoning was added on June 23, 2005 (refer to Ordinance No. 2005-06-03

1Chapter 33. Airport Overlay Zoning, was added to Title 24 on June 23, 2005 (refer to Ordinance No. 2005-06-03)

CHAPTER 34. MASTER PLANNED ZONE¹

Section 34-1. Purpose and Intent

Section 34-2. Use Regulations

Section 34-3. General Requirements

Section 34-4. Development Standards

Section 34-5. Open Space Provision and Maintenance

Section 34-6. Submission of Application

Section 34-7. Project Master Plan

Section 34-8. Amendments to the Project Master Plan

Section 34-9. Fees and Exactions

Section 34-10. Zone Change, Subdivision and Permit Review Capability

34-1. Purpose and Intent. The Master Planned Zone option is provided and designed to encourage flexibility and creativity in subdivision design and layout, provide a wide variety and choice of residential housing types, provide a functional transportation network that provides for the needs of pedestrians and cyclists, provide a mixture of accessible local shopping, employment, recreational, entertainment, and public service facilities, provide areas that are set aside to enhance the natural landscape, protect scenic views, provide for a wide variant of both active and passive users, and create significant landscape buffers, employ methods and technologies to reduce environmental impacts, and require design and building standards that reflect a variety of qualities from other communities, while incorporating modern planning techniques and new building technologies. To this end, the Master Planned Zone should be planned as a unified development with designated residential, commercial and mixed use areas rather than an aggregation of individual unrelated buildings located on separate unrelated lots. Full compliance with all the provisions of this Ordinance, the City Subdivision Ordinance and all other applicable requirements of local, state and federal laws is required.

33-2. Use Regulations. The Master Planned Zone may be allowed with approval of the City Council, following the receipt of a Planning Commission recommendation. The following table of uses identifies uses allowed within each designated pod area within the Master Planned Zone. Permitted uses are identified as “P” in the following table. Conditional uses are identified as “C” in the following table. Uses not identified as a permitted uses are deemed to be a prohibited use and are identified as “N” in the following table.

USES	Residential Areas	Commercial Areas	Mixed Use Areas
Accessory uses	P	P	P
Amphitheater (seating up to 500)	N	P	N
USES	Residential Areas	Commercial Areas	Mixed Use Areas
Amphitheater (seating over 500)	N	C	N
Amusement enterprises (indoor) up to 35,000 sq. ft.	N	P	P
Amusement enterprises (indoor) over 35,000 sq. ft.	N	P	N
Antique, import and souvenir shops	N	P	P
Arts, crafts and hobby shops	N	P	P
Bakeries, on-site retail only	N	P	P
Banks and financial institutions	N	P	P
Barber shops, beauty parlors	N	P	P
Bed and Breakfast	N	P	P
Book and stationary stores	N	P	P
Camera store	N	P	P
Caretaker’s dwelling (incidental to another permitted use of the land.)	N	P	P
Carwash	N	P	P
Churches	P	P	P
Clinics, medical and dental	N	P	P
Clothing and accessory store	N	P	P
Convenience store with up to 2 fuel islands and 4 pumps	N	P	P
Convenience store with more than 2 fuel islands and 4 pumps	N	P	N
Conventional department store	N	P	P
Customary household pets, but not including the boarding of animals or the breeding of animals for sale.	P	N	P
Day care center	N	P	P
Drug store	N	P	P
Dry cleaning and laundry	N	P	P
Electronic repair shop	N	P	P
Fast food	N	P	P
Floral shops	N	P	P
Gift shops	N	P	P
USES	Residential Areas	Commercial Areas	Mixed Use Areas
Grocery stores up to 35,000 sq. ft.	N	P	P
Grocery stores over 35,000 sq. ft.	N	P	N
Health clubs	N	P	P
Health food store	N	P	P
Home occupations as allowed by Parowan City ordinances	P	N	P
Hotel and motel	N	P	P
Ice cream parlor	N	P	P
Interior decorating and design (retail) up to 10,000 sq. ft.	N	P	P
Interior decorating and design (retail) over 10,000 sq. ft.	N	P	N
Jewelry store (sales and service)	N	P	P
Karate studio	N	P	P
Liquor store	N	P	N
Mixed residential and commercial uses	N	N	P
Music store	N	P	P
Nursery schools	N	P	P
Nursing schools	N	P	P
Nursing home up to 10,000 sq. ft.	C	P	P
Nursing home over 10,000 sq. ft.	N	P	N
One-family dwellings and accessory buildings and structures	P	N	P
Performance arts facilities	N	P	P
Photographic studios/film processing	N	P	P
Private club	N	P	N
Private schools	P	P	P
Professional, business and administrative offices	N	P	P
Public and private recreation buildings and grounds	P	P	P
Public and private utility buildings up to 1,000 sq. ft.	P	P	P
Public and private utility buildings over 1,000 sq. ft.	N	P	N
Public and private utility structures and facilities, but not including buildings	P	P	P
USES	Residential Areas	Commercial Areas	Mixed Use Areas
Public schools, libraries, fire stations, police stations	P	P	P
Residential Treatment Facility (Group Home)	N	P	N
Restaurant	N	P	P
Rest homes up to 10,000 sq. ft.	C	P	P
Rest homes over 10,000 sq. ft.	N	P	N
Shoe sales and repair shops	N	P	P
Tavern/lounge	N	P	N
Temporary office building or model home used in connection with the sale of property within a subdivision under construction.	P	P	P
Three and four-family dwellings, town homes, condominiums, apartment houses and other multiple family dwellings and accessory buildings and structures.	P	N	P
Toy store	N	P	P
Twin homes	P	N	P
Two-family dwellings and accessory buildings and structures	P	N	P

Uses not included above may be considered and approved with the zoning application when it can be shown that they are generally similar in nature and impact to those listed above, and/or would provide a desirable use within the project that would not be considered detrimental to surrounding areas. The particular uses to be allowed may be determined or limited as part of the approval of the zoning application. Any uses so approved shall be construed as included in the above table as permitted uses for all future zoning applications.

34-3. General Requirements

(1) The number of residential units allowed in a Master Planned Zone shall be determined by a base density of 3 units per gross project acre, plus an additional density bonus of 0.5 units per gross project acre for each accumulation of 4 density bonus points identified in Section 34-4.

(2) Land used for schools, churches, roads and other nonresidential buildings and uses, but which could otherwise be developed for use as residential units shall be included in the area for determining the number of allowable residential units.

(3) Properties must contain at least 150 acres of contiguous land in order to qualify for the Master Planned Zone.

(4) Prior to zoning approval, projects must adopt an overall Project Master Plan, consisting of a project Master Plan Map and a Design and Development Standards and Guidelines Document, describing open space and other values to qualify the entire project under the Master Planned Zone. However, individual lots for individual phases or areas need not be designated at the time of zoning approval but may be designated as part of the subdivision development approval process. Each phase of development within a Master Planned Zone must contain at least 20 acres.

(5) Master Planned Zones must be served by or provide for service by central water and central sewer. Such services may be arranged to be provided at the time of development of the project or may be provided by way of a development agreement between the developer(s) and the City.

(6) The area and location of the property to be preserved and maintained as open space through the Master Planned Zone shall be at least ten percent (10%) of the gross project area. Such open space shall, at the time of subdivision development approval, be reserved as common area for the project or dedicated or transferred to an appropriate governmental or nonprofit entity.

(7) The development shall be in single or corporate ownership or the zoning application filed jointly by the owners of all of the property.

(8) The property adjacent to the Master Planned Zone shall not be adversely affected and to this end, the Planning Commission and City Council may require that uses of least intensity or greatest compatibility be arranged around the boundaries of the Master Planned Zone area.

34-4. Development Standards

(1) Minimum Lot Width and Yard Setback. The minimum lot width and yard requirements set forth below shall apply to the Master Planned Zone. Setback distances shall be determined by measuring from the property line to the nearest portion of the structure. Lot width requirements shall be determined by measuring at the applicable front property line.

Dwelling type described:

Land Use / Dwelling Type	Number of Dwelling Units	Number of Lots	Number of Owners
Single Family Detached	1	1	1
Duplex	2	1	1
Twin Home	2	2	1 or 2
Multi-Family (Townhouse, Condo, Apartment, etc.)	3 or more	1 or more	1 or more

Land use	Lot Size	Min Lot Width ***	Front Min/Max	Side Min	Side Corner Min**	Rear Min	Bldg. Separation Min	Height Max
Detached single family dwelling	5,000 - 7,000 sq. ft.	50	23/28	8/8	23	10	10	35
Duplex	5,000 - 7,000 sq. ft.	55	23/28	8/8	23	10	10	35
Detached single family dwelling	7001 - 12,000 sq. ft.	55	23/38	8/8	23	10	10	35
Duplex	7001 - 12,000 sq. ft.	60	23/38	8/8	23	10	10	35
Detached single family dwelling	12,001 sq. ft. +	80	23/38	8/8	23	15	15	35
Duplex	12,001 sq. ft. +	90	23/ 38	8/8	23	15	15	35
Twin home	8,000 sq. ft. per total two lots	90 total width (2 lots)	23/28	8/8*	23	15	15	35
Multi-family dwellings (3 - 14 units)	9,000 sq. ft.	90	23/28	8/8*	23	15	15	35
Multi-family dwellings (15 +)	17,500 sq. ft.	100	23/28	8/8*	23	15	15	35
Mixed use	No min	No min	0/15	0	23	15	15 (25) next to res.	35
Commercial	No min	No min	0/15	0	23	15	15 (25) next to res.	35
Accessory building	NA	NA	See above	5	See above	5	See above	35

* For twin homes and multifamily dwellings utilizing common interior walls, the setback shall be measured from the exterior of the building containing the combined dwellings. In mixed use areas, the setback shall apply only to the commercial portions of buildings which adjoin lots designated for strictly residential uses.

** On corner lots, one lot frontage may be no more than 10% less than the required width when the remaining lot frontage meets the minimum frontage requirement and all required setbacks are met.

*** Lot width is measured at the front property line (not at the setback line).

(2) Performance Criteria and Bonus Densities - Performance points can be earned by qualification of established values as described below. Interpretation is given to the City Manager for the purpose of processing the application and later approved by the City Council after receiving a recommendation from the Planning Commission.

Value Scoring Points Possible

Maintenance of natural or historic features ✓ 1

Landscaping improvements 3

Large Trees (on Lots) ✓

Large Trees (in common area) ✓

Soften Fence Appearance ✓

Water conservation measures 12

Mandated planting restricts ✓✓

Incorporate reuse system ✓✓✓✓

Surface water irrigation ✓✓

Drainage water irrigation ✓✓

Underground water irrigation ✓✓

Public Facilities (Church, school, fire station, etc) 3

Facilities/property planned ✓

Facilities planned - property conveyed ✓✓✓

Public Streets ✓✓ 2

Design Theme 4

Installed Landscaping ✓

Theme Lighting ✓

Fencing ✓

Special Features

✓

Building Design 2

Facade Materials ✓

Roof Materials

✓

Other 11

Workforce Housing ✓✓✓✓✓

Theme Design Drainage ✓✓✓

Open space used as buffer ✓

Mixed Use Area - Commercial ✓

Common parking/storage areas for ✓

recreational vehicles

Value Scoring Points Possible

Open space/preservation lands 10 % 15 % 20+ %

(Private) ✓ ✓✓ ✓✓✓ 3

(Public access) ✓✓ ✓✓✓ ✓✓✓✓ 4

or, Production agriculture lands ✓ ✓✓ ✓✓✓ 3

private public access

Trails system & tie-in ✓ ✓✓✓ 3

Parks / Playgrounds ✓ ✓✓✓ 3

Recreational amenities ✓ ✓✓✓ 3

__________

TOTAL 57

(3) Performance Criteria - Evaluation / Qualification Description. The following criteria shall be used in evaluating and determining the number of points to be awarded toward a density bonus under a Master Planned Zone.

A) Maintenance of Natural or Historic Features. Preservation of existing physical/natural or historic features that are special or unique to the site or of historical significance to the City and will be protected and incorporated and/or enhanced as a part of the development project. Such features may include unusual rock formations, established mature stands of trees, particularly interesting vegetation growths, water bodies or corridors, unusual topography, unique geological features, important wildlife habitat, historic trails, historic buildings or structures, etc.

B) Landscaping Improvements.

(i) Large Trees in Front of Lots. Design and planting of two or more trees larger than 2" inch in diameter at four feet from the base for deciduous trees and greater than 10 feet in height for conifers to be planted in the front yards of private residential lots and/or on any adjoining park strip.

(ii) Large Trees in Other Common Areas. Design and planting of 10 trees per acre larger than 2" inch in diameter at four feet from the base for deciduous trees and greater than 10 feet in height for conifers to be planted in accordance with an approved landscape plan for the common area within the subdivision. Such landscape plan would also include the necessary irrigation for the establishment of said trees.

(iii) Soften Fence Appearance. Areas which are to be screened by using a solid non-see-through wood or masonry fence and landscaping which acts to soften the appearance of the fence. Landscaping may be vines, shrubs, or trees, as prescribed in an approved landscape plan.

C) Water Conservation Measures.

(i) Mandated Planting Restrictions. Incorporation of Central Iron County Water Conservancy District water conservation standards for plant species/type, sizes, and amounts into the CC&R’s for the development.

(ii) Incorporate Sewer Effluent Reuse System. Design and install a water reuse system that captures wastewater effluent for reuse in irrigation within the development. Where a system for future conveyance of wastewater effluent for reuse in irrigation within the development is installed, one-half of the available points shall be awarded.

(iii) Secondary Irrigation System with Surface Water. Design and install a secondary (separate from primary culinary water system) water irrigation system that utilizes appropriated surface water rights for the primary source of irrigation water for private lot irrigation and/or common area irrigation.

(iv) Secondary Irrigation System with Drainage Water. Design and install a secondary water irrigation system (separate from primary culinary water system) that utilizes captured and collected drainage water as a supplemental source of irrigation water for private lot and/or common area irrigation.

(v) Secondary Irrigation System with Underground Water. Design and install a secondary (separate from primary culinary water system) water irrigation system that utilizes appropriated underground water rights for the primary source of irrigation water for private lot irrigation and/or common area irrigation.

D) Public/Community Facilities.

(i) Facilities/Property Planned. Facilities are planned and specific areas or land parcels are identified and prescribed for uses such as schools, churches, fire stations, libraries, community meeting halls or recreational facilities, etc., and are not available for residential or commercial development at the present time or for conversion at a later time.

(ii) Facilities Planned - Property Conveyed. Facilities are planned for specific land parcels as described in (D)(1) above, and the lot(s) or parcel(s) are dedicated, conveyed or designated to be offered for dedication or conveyance to an appropriate public or private entity as part of the subdivision process.

E) Public Streets. All streets within the development consist of a minimum of a 30 foot driveable width, the cross-section of which shall be presented and approved as part of the Project Master Plan.

F) Project Design Theme. The Project Master Plan provides for a consistent theme for the development of the entire property or, where the development is large enough, two or more compatible themes applicable to specific areas of the development. Such project design theme shall be incorporated as follows:

(i) Installed Landscaping. Landscaping is designed and installed along all streets of the development according to a theme which provides character and interest.

(ii) Theme Lighting. Theme lighting is used throughout the development for street lighting, lighting of walkways, parking areas, entrances, and building exteriors.

(iii) Fencing. Perimeter fencing used throughout the project matches the building design, i.e., masonry columns or piers using the same brick or stone as the buildings.

(iv) Special Features. Special features such as fountains, streams, ponds, sculptures, or other elements which establish a strong theme for the development and are utilized in highly visible locations in the development.

G) Building Design Theme. The Project Master Plan provides for a consistent theme applicable to residential and nonresidential structures to be constructed on the entire property or, where the development is large enough, two or more compatible themes applicable to specific areas of the development. Such building design theme shall be incorporated as follows:

(i) Facade Materials. The front facade of each dwelling structure, exclusive of windows or doors, have a minimum coverage of 25% of the exterior surface incorporates materials traditionally or historically used in the area. On corner lots, both facades facing the streets shall comply with the above requirement.

(ii) Roof Materials. All roofs of main buildings are clad with wood shake, tile, slate or upgraded composition shingles.

H) Work Force Housing. The Project Master Plan provides for a range of housing opportunities for all identifiable economic segments of the population, including households of low and moderate income. Development shall provide ten (10) percent of the Equivalent Residential Units (ERU’s) proposed for their project as Affordable Housing units within the development, or to pay fee-in-lieu to Parowan City to be used to assist in other ways to create Affordable Housing within Parowan City.

I) Drainage Design Theme. Incorporation of a master drainage plan that utilizes swales, holding facilities and other drainage features that is designed to capture storm water and retain said runoff within the development with no net discharge from the project and utilizes design elements that portray the character and interest of the project design theme.

J) Open Space Buffer. The designated open space should help to screen and/or separate the impacts of the project from existing adjacent projects and/or incompatible land uses on properties in the immediate surrounding area.

K) Mixed Use Area - Commercial. The project includes an area for mixed use of residential units established above, adjacent to or combined with, commercial units that facilitates the integration of diverse but compatible uses into a single development and provides residents of the project and the immediate neighborhood with some commercial retail and business services resulting in reduced car travel to more distant retail and commercial centers, as well as employment opportunities closer to home, which encourages pedestrian traffic use “Live, work and play”opportunities within convenient distance from each other.

L) Common Parking /Storage for Recreational Vehicles. Provision of one or more combined paved/graveled surface area(s) for the storage of operable and licensed recreational vehicles.

M) Open Space. (10%, 15%, 20+%). Open space is designed (not left over space between buildings) and flows uninterrupted through the entire development linking dwellings and recreation amenities and trails in accordance with design concepts described in Section .

N) Recreational Amenities/Parks and Playgrounds/Trail System and Connectivity.

(i) Private. The project includes one or more recreational amenities primarily for the use of the residents of the project. Amenities, may include swimming pools, sports courts, spas, barbecue and picnic facilities, or other features as approved by the Planning Commission and City Council. Parks and trail systems may include playgrounds, play fields, playground equipment, exercise and health stations, etc., designed primarily for use by residents of the project and not accessible by the public (community members other than residents of the project).

(ii) Public Access. The project includes one or more recreational amenities for the use of any or all residents of the City (public) or a park or trail has been constructed according to City standards and has been or will be dedicated to the City. This may include dedication of land for public park(s), public access along a stream, or public access along a planned trail that may or may not be developed. The City must be willing to accept the proposed dedication. Such dedications shall be at the discretion of the City and property owner.

(4) Improvements - The improvement requirements set forth in the City Design and Construction Standards may be altered for the following improvements, when recommended by the Planning Commission and approved by the City Council.

A) Sidewalks - Must be constructed in front of lots.

B) Drainage (curbs and gutters) - May be eliminated when storm drainage system utilizes swales and road-side drainage systems with minimal collection of drainage waters and no off-site discharge in excess of historical run-off.

C) Off-Street Parking - When no on-street parking is allowed or provided, three off-street parking spaces shall be required outside of a garage; otherwise two spaces are required off-street.

D) Signs and Fencing - Monument/Entrance signs shall be considered as part of the project design theme and incorporated into the fencing plan. Height and setbacks shall be considered in plan approval. Signs shall be in accordance with the project design theme and the City Sign Ordinance.

E) Lighting - Theme lighting may be varied from existing City requirements when recommended by the Planning Commission and approved by the City Council.

(5) Additional Considerations/Special Conditions - Discretion shall be provided to the Planning Commission and City Council when evaluating other considerations on an individual basis. Such areas where individual consideration may warrant special conditions includes, but is not limited to, the following: (i) Mountain Developments; (ii) Gated/Private Communities, where emergency access is provided; (iii) Phasing of a

project in relation to open space improvements and recreational amenities being provided; (iv) Use of development agreements when the scope of the project is beyond the structure provided by a Master Planned Zone in this Section.

34-5. Open Space Provision and Maintenance. Open space means a planned open area, not part of a development lot, suitable for relaxation, recreation or landscaping which may be held in common, private or governmental ownership that is unoccupied and unobstructed by buildings and hard surface, such as asphalt or cement, except that such open spaces may include walkways, trails, park strips, patios, recreational activity areas, picnic pavilions, gazebos, and water features so long as such surfaces do not exceed fifteen percent (15%) of the overall established open space. Open space approved as such in connection with Master Planned Zone must be held and maintained in perpetuity.

The design of an open space area should encourage the following:

(1) Interconnection with designated open space and trails on abutting properties;

(2) The preservation of important site features, such as rare or unusual stands of trees,

unique geological features, or important wildlife habitat;

(3) Direct access from as many lots as reasonably possible within the project;

(4) Minimizing the fragmentation of the open space areas. To the greatest extent possible,

the designated open space should be located in large, undivided areas; and

(5) A curvilinear roadway design which minimizes the visual impact of houses as may be seen from the exterior of the site.

All areas to be preserved for open space areas within the Master Planned Zone shall be preserved, improved and maintained as common area, owned by owners of the subdivision lots or an owners association or governmental or nonprofit entity.

34-6. Submission of Application. An application for a Master Planned Zone shall be submitted to, and reviewed and approved by, the City in accordance with the City Zoning Ordinance and this Ordinance.

34-7. Project Master Plan.

(1) Elements of the Plan. The Project Master Plan is to include both a “Project Master Plan Map(s)” and a “Design and Development Standards and Guidelines Document” to be adopted concurrently with the approval of the Master Planned Zone. The Project Master Plan is used to govern the basic use, density, and configuration of the development areas to be included within the specific project. At a minimum, the following shall be included within the Project Master Plan.

A) The Project Master Plan Map(s). A land use map drawn to a scale that is sufficient and effective in providing enough detail of the proposed project, and that indicates the following:

(i) Residential Areas. Residential areas are to be indicated by descriptive type and general density. Any residential area that is to be developed with common ownership(s), and/or with provisions for a home owners association must be deemed to be of sufficient size to guarantee maintenance or repair of any required improvement, amenity, or common feature associated with that area. Workforce housing shall be provided as may be required by state law or City ordinance, based upon the total project master planned area for residential uses;

(ii) Community Activity Centers. Community activity centers are to include a mixture of local shopping, employment, recreational, entertainment, and public service facilities that are easily accessible from housing areas through bicycle and pedestrian corridors. Community centers may also include appropriate housing developments as part of the mixture of uses;

(iii) Open Space Provisions. Open Space provisions must include provisions for both active and passive uses, and provide for the protection of natural landscapes and scenic view corridors. Extra landscape areas should also be provided in project entryways, and along major streets that either adjoin the project or are located within the project;

(iv) Public Services. Provisions shall be made for both necessary and desirable public service uses. These provisions may include sites for schools, churches, fire and police stations, and similar uses that address the project’s sustainability;

(v) Outlined development pods - indicating the principal land use, the general area, and the intensity or density of the development proposed for those sites. A land use table must also be included that summarizes these items, especially in terms of the proposed residential and open space areas;

(vi) Major public and/or private streets, including those indicated by the City’s Transportation Master Plan, that are within and/or adjacent to the project;

(vii) Existing and proposed waterways and water features including streams, waterways, canals, ditches and major storm water drainage ways and how they connect with outside project areas that serve the rest of the city;

(viii) Existing and proposed corridors and easements for major utility lines, and the anticipated location of any major public utility required to serve the residents and property owners within the planned area;

(ix) Other natural or man-made features on the property or on any neighboring properties that might affect the development of the site; and

(x) In steeper terrain areas, the City may require a Preliminary Grading Plan for the entire project, showing general cut and fill areas. Further detailed engineering plans that show existing and proposed contours may be required by the City Engineer for extensive cut and fill areas, or where steep slopes may affect road grades and/or limit the buildable area of a site. Chapter 9 – Hillside Development Standards, Title 20 (Subdivisions) shall be referenced for development in steeper terrain areas.

B) Design and Development Standards and Guidelines Document. A written document describing more closely the intent and anticipated development details for areas which are included on the Project Master Plan map and establishing more particularly the common architectural styles and design elements, including streetscape design, signs, and general building materials and styles, to be used throughout the project. The Design and Development Standards and Guidelines for the project are an element of the Project Master Plan. The Design and Development Standards and Guidelines shall include the following details:

(i) A description of specific elements of the proposed project, including descriptions of the proposed land uses, specific public facilities to be provided, open space elements, required improvements, and alternative development options;

(ii) A plan showing typical improvements proposed for each arterial and/or collector street within the project area;

(iii) A plan indicating general landscaping and planting methods to be used throughout the project, with more detailed plans approved with the final approvals of specific development areas;

(iv) A plan showing the methods and details to be employed in buffering areas adjacent to the project, as well as properties within the project where the uses cannot otherwise be adequately transitioned;

(v) A plan for pedestrian and bicycle corridors. A prominent feature of a sustainable community is the development of pedestrian and bicycle corridors as an alternative form of transportation. Pedestrian and bicycle corridors shall not be interpreted to include service driveways, roadways, dumpster areas, parking, or other uses related to commercial building areas;

(vi) Any agreements, approvals or other matters anticipated as necessary to zone the planned area.

(vii) A plan for vehicle parking. On and off-street parking provisions throughout the Master Plan Project Area should include all residential and

commercial pods/areas;

(viii) Special Development Reports. Additional documentation should

include a general evaluation and assessment to determine development

feasibility for the following:

a. providing utilities (private and public), including water, sewer,

storm drain, power, gas, communications, etc.

b. critical lands/environmental limitations (including flood plains,

wetlands and waterways; geo-technical hazards and preliminary soils analysis, including steep slopes; critical wildlife habitat/migration areas; limiting natural of physical features, etc.)

c. community services needs (especially emergency services) that are anticipated for the project, the point when they will be needed, and the means to provide for them; and

d. any additional preliminary studies and documentation required by the City.

(ix) Phasing and Development Schedule. This plan must include the

anticipated phasing for the project with estimated time lines and the order of development geographically as well as the infrastructure installation, thus assuring the provision of the built environment necessary for density bonuses provided in the performance criteria, and to provide the City adequate time to plan for and coordinate appropriate sizing and capacity of anticipated infrastructure;

(x) Transportation Plan. A transportation/traffic study that evaluates the overall transportation network of the project is necessary to determine the

impact to existing traffic and integrate the transportation infrastructure system; and

(xi) Open Space Management Plan. This plan should address the provision, improvement, and maintenance of all proposed open space areas and associated structures, including any common or public amenities within each pod.

34-8. Amendments to the Project Master Plan. Upon application and payment of the appropriate fee, an amendment to a previously approved Project Master Plan may be considered through a procedure that is determined by the extent of the proposed amendment(s). The following classifications shall be used to determine the proper amendment procedure.

(1) Administrative Changes.

A) An Administrative Change may be approved when the proposed modification is determined by the City Manager, in consultation with appropriate City departments, to comply with the spirit and intent of the original Project Master Plan and is not extensive enough to qualify as a Minor Amendment.

B) In addition to the application form and description of the proposed amendment, the City Manager shall determine what additional information may need to be submitted before any action is taken on the request.

C) All approved Administrative Changes shall be attached as an addendum to the Project Master Plan.

D) Requests for Administrative Changes which are not approved may be submitted for consideration as a Minor Amendment.

(2) Minor Amendment.

A) A Minor Amendment may be considered when the proposed modification is deemed to comply with the spirit and intent of the approval of the Project Master Plan and the general purpose of the General Plan for the development of the area, but is too extensive to be considered as an Administrative Change, while not so extensive as to be considered a Major Amendment.

The following are examples of a minor amendment.

(I) Rearrangement or reclassification of designated use areas that are within 300 feet of an existing or approved development (within or outside of the Master Plan Project area) and where the use is considered no more intensive in impact than the original use. (Areas greater than 300 feet in distance, with no change in impact, may be considered as an Administrative Change).

(ii) Modifications to major roadway locations that are internal to the project and do not adversely affect a street connection to an adjoining residential development. Minor modifications would be considered to include moving any portion of a street more than 200 feet from its original location where it might adversely impact an existing or approved development. (Movement of less than 200 feet may be considered as an Administrative Change).

(iii) Modification to project open space areas or to amenities within those areas, or to public areas or amenities within the project, where the modification(s) is not deemed to substantially alter the intent or understanding of the approval of those areas or amenities as presented with the Project Master Plan.

(iv) Modification to any phasing plan, except where the modification would result in conflicts with a development agreement. In such case, a modification of the development agreement must occur in conjunction with the modification to the phasing plan.

B) After receiving a recommendation from the Planning Commission, and following a public meeting, the City Council may approve the amendment, approve the amendment with modifications, deny the amendment, or make a determination that the proposed amendment is significant enough to be considered as a Major Amendment, in which case the process for a Major Amendment must be followed.

C) All approved Minor Amendments shall be attached as an addendum to the Project Master Plan.

D) Where the City Council determines the proposed amendment exceeds the allowance for a Minor Amendment, the request may be remanded to the Planning Commission upon the application meeting the requirements for the hearing of a Major Amendment.

(3) Major Amendment.

A) A Major Amendment is any change in the approved Project Master Plan deemed to modify the Project Master Plan to such an extent that it exceeds an allowable consideration as a Minor Amendment. Generally, such changes include, but are not limited to the following:

(i) Increase in the intensity of a use allowed within a designated area.

(ii) Modification to increase residential density of a residential or mixed use area.

(iii) The inclusion of uses that were not included within the Project Master Plan or that are not otherwise allowed within the Master Planned Zone.

(iv) Deletion of any major public amenity or extensive modification to the provisions for the reservation and dedication of land as described in the Project Master Plan.

(B) Major Amendments require the same noticing and hearing procedure as a rezoning, except that the distance for mailed notices (300 foot) shall be measured from the parameter of the area where the proposed modification is occurring instead of from the outside borders of the project. Where such parameter is vague or cannot otherwise be determined, the City Manager shall make a determination as to the area to be noticed.

34-8. Fees and Exactions.

(1) Development Application Fees. All developments within the Master Plan Zone

shallpay application fees for the following applications: (i) the rezoning of the Property to a Master Planned Zone zoning district, (ii) the review of related subdivision and building permit applications, (iii) the processing of a development agreement, if applicable, and (iv) any applications to amend the Project Master Plan . The developer shall also pay all advertising and other out of pocket expenses incurred by the City in processing the applications. Application fees for the subdivision plats or amendments for each phase of the Project shall be paid at the time of application for any such approval.

(2) Plan Engineering and Technical Review Fees. The City will charge such standard engineering and technical review fees for zone change, preliminary and final subdivision, development or construction approvals, and development agreement review, if applicable, as are generally applicable on a non-discriminatory basis at the time of application for any such approval, or as such costs are incurred by the City. Such review may include professional expertise in law, finance, planning, engineering and other.

(3) Building Fees, Connections Fees, and Other Fees. The City will charge other fees that are generally applicable, including but not limited to standard building permit review fees for improvements to be constructed on improved parcels.

(4) Impact Fees. All Master Planned Zone developments shall be subject to all impact fees which are (1) imposed at time of issuance of building permits and (2) generally applicable to other property in Parowan. The fees shall be payable in accordance with the payment requirements of the applicable impact fee ordinance.

34-9. Zone Change, Subdivision and Permit Review Capability. The City will use reasonable efforts to provide qualified staff to review the zone change request and subsequent subdivision and permit applications for development in the project within a reasonable time after the applications are filed. The City may establish and amend from time to time a non-discriminatory fee structure to compensate the City for the costs of processing a zone change and project’s subdivision and permit applications. If a temporary backlog in the processing of applications within the City occurs and the project developer offers to pay to the City the full cost of providing one or more qualified outside subdivision and/or building permit reviewers on a temporary basis plus a 10% administrative charge, the City agrees to retain the services of qualified outside subdivision and/or building permit reviewers as may be necessary to remove any backlog in the processing of subdivision and permit applications for development in the project. If the developer elects to pay the total cost of hiring one or more such reviewers, the reviewer or reviewers shall be dedicated exclusively to review the project zone change, subdivision and permit applications for development in the specified project, and the developer shall receive a full credit against review and permit application fees otherwise payable for development activity reviewed by the dedicated reviewer or reviewers.

Chapter 34 - Master Planned Zone was added to Title 24 Zoning Ordinance on May 8, 2008 (refer to Ordinance No. 2008-05-03)

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Copyright 2010 Parowan City Corporation Webdesign by Jerry Bixman

Elevation 5960 ft
Population 2900

Copyright 2010 Parowan City Corporation
Webdesign by Jerry Bixman