OCR Text |
Show Newly Adopted Cedar City Corporation Zoning Ordinance ORDINANCE An Ordinance establishing a Planning Commission, Board of . Adjustment and Board of Review, within and for Cedar City, Utah, and defining their duties and powers; establishing zones within with-in Cedar City, Utah; regulating and restricting within said zones the use, location, height and size of buildings and structures, the use of land, the size of lots, yards and other open spaces; providing methods of administration adminis-tration and enforcement; providing provid-ing penalties for the violation thereof; repealing all of Chapter 46 of the Ordinance of Cedar City, Utah, 1953, and amendments amend-ments to said Chapter 46, and repealing re-pealing all other ordinances and parts of ordinances In conflict herewith. BE IT ORDAINED BY THE CITY COUNCIL OF CEDAR CITY, UTAH: That an Ordinance to be known as Chapter 46 of the Re-vised Re-vised Ordinances of Cedar City, Utah. 1953, and entitled the "Planning and Zoning Ordlance of Cedar City, Utah" be and the same is hereby adopted. Said Ordinance Or-dinance shall read as follows: CHAPTER 46 PLANNING AND ZONING ARTICLE I. TITLE . PURPOSE PLANNING . COMMISSION BOARD OF ADJUSTMENT BOARD OF REVIEW . POWERS AND DUTIES. DU-TIES. This Chapter shall be entitled THE PLANNING AND ZONING ORDINANCE OF CEDAR CITY, UTAH, and may be so cited and pleaded. 1 1. Purpose, This chapter Is hereby declared declar-ed to be enacted for the purpose of promoting the health, safety, convenience, morals, and general gener-al welfare of the Inhabitants of Cedar City, Utah, and: 1. To encourage and facilitate the orderly growth and development develop-ment of the city. 2. To promote sanitation and the health of the Inhabitants. 3. To promote safety from fires, floods, traffic hazards, panic and other dangers 4. To lessen congestion In the streets, to provide adequate light and air, prevent the over-crowding of land and avoid undue concentration of population. 5. To secure economy In municipal muni-cipal expenditures and to facilitate facili-tate adequate provisions for transportation,' water, sewer a ro, schools, parks, and other public requirements. 6. To stabilize and lmrc- property values and prevent ob- , solesccnce and degeneration of buildings. 7. To increase the security of home life and preserve and create a more favorable environment environ-ment in which to rear children, And, 8. To promote the development of a more wholesome, serviceable, and attractive city. 12. Creation of Planning Com 1 mission. I There is hereby created a planning plan-ning commission within and for Cedar City to be known as Cedar City Planning Commission. Said Commission shall consist of seven sev-en members, one to be designat ed from among its own members by the city council and six to be appointed by the mayor with the consent of the city council from among qualified electors of the city. Members shall be selected without respect to political affiliations affil-iations and shall serve without compensation except for reasonable reason-able expenses. 1 - 3. Terms of Office The term of office for the designated city councilman shall correspond to his tenure of office. The terms of office for the appointive ap-pointive members of such commission com-mission shall be two, four and six years; two shall be appointed for two years, two shall be appointed ap-pointed for four years, and two shall be appointed for six years. Thereafter the terms of office for each appointive member shall be six years. Vacancies oocuring otherwise than through the expiration ex-piration of terms shall be filled by appointment by the mayor with the consent of the city council. Members may be removed remov-ed after public hearing by a majority ma-jority vote of the city council. 1 4. Organisation . Meetings. I The planning commission shall elect from Its membership a I chairman and shall adopt rules for its own organization and for ' the transaction of business not in conflict with ordinances or laws. It shall also keep a public record of its proceedings. 1 Z. employees Expenditures. The planning commission may appoint employees and may contract con-tract with city planners, and other consultants, providing Its expenditures, exclusive of gifts, shall be within the amounts appropriated ap-propriated for the purpose by the city council. ( 1 6. Master Plan. i t It shall be the function and duty of the planning commission to make, adopt, and certify to the city council a master plan for the physical development of the city, including other areas outside out-side of its boundaries which in the planning commission's judgement judge-ment bear relation to the planning plan-ning of Cedar City. Where the plan Involves territory outside of I the boundaries of the city, action , shall be taken with the concur- ! renee.of the county or other leg-! J islative body concerned. The master plan shall show the planning commission's recom-, recom-, mendatlons and may Include, among other things, the general location, character, and extent of streets, parks, parkways, playgrounds, play-grounds, airports, and other public pub-lic buildings and spaces and, the general location and extent of public utilities and terminals, whether publicly or privately owned; the acceptance, widening, removal, extension, relocations, narrowing, vacation, abandonment, abandon-ment, or change of use of any of the foregoing; the general location, loca-tion, character, layout, and extent ex-tent of community centers and neighborhood units; the extent and layout of the re planning of blighted areas. The planning commission may from time to time amend, extend, or add to the master plan or carry any part or subject matter Into greater great-er detail. In preparing the master plan, the planning commission shall make careful and comprehensive surveys and studies of the existing ex-isting conditions and probable future growth of Cedar City and its environs. The plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted, and harmonious har-monious development of the city in accordance with existing and future needs. The planning commission may make reports and recommenda- i tions relating to the plan and de- velopmcnt of the city to public officials and agencies, public utility companies, civic, educational, educa-tional, professional and other or-' or-' ganlzations, and citizens. In gen- eral, the planning commission , shall have such powers as may . be necessary to eanble It to per- form its functions and promote ; municipal planning. 1-7. Zoning. I The planning commission above described, through Its own Initiative may, or by order of the City Council, shall, make recom- Continued on Page C-2 City m t-irwlte ,mim 1-r- , CEDAR CITY. UTAH 1 j - - - t ! - w TX ZD t "A j ri. T C.ty lm,l 1 I :nC(iC I r i vi-T JE-1B4 ! i U I IJ'"'Hflit? I j' Lrr- ;pp! "E n rg l-nEJj .J " ciy Limlli Official Map of all Zones in Cedar City Corporation -Designated as Part of the Cedar City Zoning Ordinance. CEDAR CITY ZONING ORDINANCE , Continued from Page C-l mendations for changes In the Zone Map or text of the Zoning Ordinance and shall have all powers granted by law or by these ordinances In the preparation prepara-tion of zoning maps and the recommendations re-commendations for zoning in Cedar Ce-dar City. After receiving the recommendations recom-mendations of the Planning Commission, Com-mission, the City Council may amend the Zoning Ordinance or Map. No substantial change hall be made in said amendment amend-ment as recommended by the running Commission, unless the same shall be resubmitted to the Planning Commission, which shall be returned to the City Council within 30 days. 1 . & Bearing. No city owned, improved or unimproved un-improved real property shall be sold until the City. Council shall have referred the proposition to sell such land to the Planning Commission for its review and recommendations, which shall be returned to the City Council within 30 days. A public hearing shall then be held thereon after notice of such hearing has been published in a newspaper of general gen-eral circulation In the City at least five days prior to the date set for the hearing. ARTICLE n official MAPS 2 -1. The Official Map. From and after the time when the Planning Commission shall have adopted a major street plan, the City Council may establish estab-lish an official map of the whole or part of the city theretofore cx- istlng and established by law as public streets. Such official map may also show the location of the lines of streets on plats of subdivisions sub-divisions which shall have been approvied by the Planning Commission. Com-mission. The City Council may make, from time to time, other additions to or modifications of the official map by placing thereon the lines of proposed new streets or street extensions, widenlngs, narrowing, or vacations vaca-tions which have been accurately accurate-ly surveyed and definitely located; lo-cated; provided, however, that before taking any such action, the City Council shall hold a public hearing thereon and provided, pro-vided, further that such proposed addition to or modification of the official map shall be submitted to the planning commission for its approval, such addition or modification shall require the favorable vote of not less than a majority of the membership of the city council. The placing of any street or street lines upon the official map shall not in and of Itself constitute, or be deemed to constitute the opening or establishment of any street or the taking or accepting of any land for street purposes. Upon adoption of the ordinance creating creat-ing the official map, the city council shall direct that said ordinance or-dinance be recorded in the office of the county recorder. 2 2. Preservation of Mapped Streets In order to preserve the Integrity Integ-rity of the official map after said map has been recorded in the office of-fice of the county recorder, no permit shall be Issued by the building inspector for any kind of building or structure or part thereof on any land located between be-tween the mapped lines of any street as shown on the official map. Any person aggrieved by his inability to obtain such a permit may appeal to the board of adjustment. The board of adjustment ad-justment shall have the power, upon an appeal filed with it by the owner of such land, to authorize auth-orize the granting of a permit for a building or structure or part thereof within any mapped-strect location in any case in which the board of adjustment, upon the evidence finds (a) that the property pro-perty of the appellant of which such mappedstreet location forms a part will not yield a reasonable return to that owner unless such permit is granted, or (b) that, balancing the interest of the municipality in preserving preserv-ing the integrity of the official map and the interest of the owner own-er in the use and benefits of the property, the grant of such permit per-mit is required by considerations of justice and equity. Before taking tak-ing any such action, the board of adjustment shall hold a public pub-lic hearing thereon. In the event that the board of adjustment decides de-cides to authorize a building permit, per-mit, it shall have the power to specify the exact location, ground area, height, and other details and conditions of extent and character and also the duration dur-ation of the building, structure, or part thereof to be premiUed. ARTICLE Hi' 3 1. Referral to Planning Com- mission Mandatory. Whenever the city council shall have adopted the master plan or any part thereof, thence forth no street, park or other public way, ground place or space, no public building or structure, and no public utility, whether publicly or privately owned, shall be constructed or authorized until and unless the location and extent thereof shall conform to said plan or shall have been submitted to and approved ap-proved by the planning commission com-mission provided, that in the case of disapproval, the planning plan-ning commission shall communicate communi-cate its reasons to the city council, coun-cil, school board, or other board or agency chiefly concerned, and such city couneil or other agency by a vote of not less than a majority ma-jority of its entire membership, shall have the power to overrule such disapproval. The acceptance, widening, removal, extension, relocation, re-location, narrowing, vacation, abandonment, change of use, acquisition ac-quisition of land for, or sale or lease of any street or other public pub-lic way, property, or structure, shall be subject to similar submission sub-mission and approval, and the failure to approve may be similarly sim-ilarly overruled. The failure of the Planning Commission to act within thirty days from and after af-ter the date of official submission submis-sion to it shall be deemed approval, ap-proval, unless a longer period be granted by the submitting body. 3 2. Subdivisions. From and after the time when the planning commission shall have adopted a major street plan and shall have certified the same to the city council, no plat of a subdivision of land lying within the city shall be filed or recorded in the county recorder' office until it shall have been submitted submit-ted to and approved by the said planning commission and city council, and such approval enter ed in writing on the plat by the secretary of the planning commission com-mission and clerk of the city council, or other designated members or employees. No county coun-ty recorder shall file or record a plat of a subdivision without such approval, and any county recorder so doing shall be deemed deem-ed guilty of a misdemeanor. The filing or recording of a plat of a subdivision vlthout such approval approv-al shall be void. In exercising the powers granted to it by the act, the planning commission shall prepare regulations governing govern-ing the subdivision of land within with-in the city. A public hearing thereon shall be held by the city council, after which the city council may adopt said regulations regula-tions for the city. 33. Sale of Lots la Unapproved Subdivisions Prohibited. Whoever transfers or sells j land in a subdivision without : first preparing a subdivision plat I and having such plat approved by said planning commission and city council and recorded in the office of the county recorder I shall be guilty of a misdemeanor jfor each lot so transferred or sold and the description by metes and bounds In the instrument of transfer or other document used in the process of selling or transferring trans-ferring shall not exempt the transaction from auch penalties, except that In subdivisions of less than ten lots, land may be sold by metes and bounds, without with-out necessity of recording a plat if all of the following conditions are met: (a) The subdivision layout shall have been first approved ap-proved In writing by the planning plan-ning commission, (b) the sub division Is not traversed by the I mapped lines of a proposed 'street as shown on the official map or maps of the city, and does not require the dedication of any land for street or other public purposes, and (c) each lot in the subdivision meets the frontage, width and area requirements re-quirements of the Zoning Ordinance Ordin-ance or has been granted a variance var-iance from such requirements by the board of adjustment 3 4. Subdivision Defined. The term subdivision shall mean the division of a tract or parcel of land into three (3) or more parts for the purpose, whether immediate or future, of sale or of building development ARTICLE. IV 4-1. Board of Adjustment. There Is hereby created a board of adjustment of five members to be appointed by the city council. Each member shall serve for a period of five years, provided that the terms of members mem-bers of the first board created under this chapter shall be such that the term of only one member mem-ber shall expire each year. One member, but only one, of the planning commission shall be a member of the board of adjustment adjust-ment Any vacancy occurlng on said board by reason of death, resignation, removal, or disqualification disquali-fication shall be promptly filled by the city council for the unexpired un-expired term of such member. The city council may remove any member of the board of adjustment adjust-ment for cause upon written charges and after public hearing, if one is requested. The board of adjustment shall organize and elect a chairman and adopt rules in accordance with the provisions of this chapter chap-ter and other laws. Meetings of the board shall be held at the call of the chairman and at such times the board may determine. The chairman, or in his absence 'he acting chairman, may administer ad-minister oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, pro-ceedings, showing the vote of each member upon each question, ques-tion, or if absent or falling to vote Indicating such fact, and shall keep records of its examinations exam-inations and other official actions; ac-tions; all of which shall be immediately im-mediately filed in the office of the board and shall be a public record. 4 - 2. Powers of the Board of Ad. Justment 1. Upon appeals, the board of adjustment shall have the fol-lowing fol-lowing powers: A. To hear and decide appeals where it is alleged by the ap-pellant ap-pellant that there is error in any order, requirement, decision or re-fusal re-fusal made in the enforcement of this chapter. B. To authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest, in-terest, where owing to special conditions a literal enforcement of the piovisions of this chapter will result in unnecessary hardship; hard-ship; provided, that the spirit of this chapter shall be observed and substantial justice done. Before Be-fore any variance may be authorized, author-ized, however, the appellant must show that: (1) The variance will not substantially sub-stantially affect th comprehensive comprehen-sive plan of zoning in the city and that adherence to the strict letter of the ordinance will cause difficulties and hardships, the Imposition of which upon the oe- tltioner is unnecessary in order to carry out the general purpose of the plan. (2) Special circumstances attached at-tached to the property covered by the application which do not generally apply to the other property pro-perty In the same zone. (3) That because of said special spe-cial circumstances, property covered cov-ered by application is deprived of privileges possessed by other properties in the same zone; and that the granting of the variance Is essential to the enjoyment of a substantial property right possessed pos-sessed by other property in the same zone. C. To hear and decide requests for special exceptions or other special requests upon which such board is authorized to pass as herein set forth; provided, however, that the board shall not act upon matters which have not been specifically delegated to It by the terms of this chapter. Every decision of the board of adjustment shall be based upon findings of fact, and every fact and every finding of fact shall be supported in the record of the proceedings of the board. The special exceptions or other special requests on which the board of adjustment shall be authorized to pass are: (1) Where a district boundary line divides a lot in single ownership own-ership at the time of the passage of this ordinance, to permit a use authorized on either portion of such lot o extend to the entire lot, but not more han fifty (50) fett beyond the boundary line of such district In which such use is authorized. (2) To permit the building of a dwelling upon a lot which does not have frontage on a street, if an adequate easement is provided. pro-vided. (3) To Interpret the zone map. (4) To reduce the amount of off-street parking required where sufficient off-street parking park-ing Is readily available within the vicinity, and or where acquisition ac-quisition of land for such use would cause exceptional hardships. hard-ships. Also to decide the number of off-street parking spaces which thall be required when the number Is not specifically set forth in this ordinance. (5) To permit the division of a large lot where a parcel of land at the time of the passage of this ordinance is at least one and three-fourth times as wide and one and three-fourth (1-34) times as large in area as required requir-ed for one lot provided it will not cause undue concentration of population and the characteristics characteris-tics of the zone in which the lot is located will be maintained. (6) The board of adjustment may permit buildings to be constructed con-structed within seventy-five (75) feet from a natural flood channel, chan-nel, provided measures are taken which will adequately protect the building or structure from damage due to floods, will not increase the hazard of flood damage to surrounding lands and buildings, and will be located locat-ed in accordance with the plan of flood drainage as approved by the City Council. (7) Upon application of a property pro-perty owner or upon request of the Building Inspector or other administrative official, or on' its own Initiative, the Board of Adjustment Ad-justment shall add to any list of permitted uses in the SC-1, CC-1. CC-1, and I&M-l Zones, any other similar use which conforms to the following conditions and findings. (a) Such use is similar In character and nature to the uses permitted in the zone. (b) Such use conforms to the basic characters tics of the zone in which it is added and Is In harmony with the objectives and purposes of the zone. (c) Such use is net likely to create any more traffic or be more offensive due to noise, heat, dust, smoke, odor, glare, vibration vibra-tion or other objectionable influence in-fluence than the minimum amount normally resulting from the other uses listed in the zone in which it is added. When any use has been added to any zone in accordance with this procedure, such use shall thereafter be deemed to be permitted per-mitted In any zone in which such use shall be prohibited from any zone in which such use is prohibited. pro-hibited. 8) Grant Home Occupations. The Board of Adjustment may grant home occupations in the R-l, R-2, R-3 and RA-1 Zones pro-tvided: pro-tvided: (a) The home occupation is conducted entirely within a dwelling and is carried on only by members of the family residing re-siding in the dwelling (b) The home occupation does not involve the use of any accessory acces-sory buildings or yard space for storage or activities outside of the dwelling not normally associated with residential use. (c) No commercial vehicles are used except one delivery truck which does not exceed one-half (H) ton rated capacity. (d) The home occupation Is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does net cnange the character of the building from that of a dwelling. (e) Signs shall be limited to one non-flashing sign not larger In area than one and one-half light shall be defused or shielded. shield-ed. (f) Not more than the equivalent equival-ent of twenty-five percent (25) of the ground floor area of the dwelling is devoted to the home occupation (g) The home occupation shall be registered with the City License Li-cense Division or Department (h) In the opinion of the Board of Adjustment, the activities in connection with the home occupation occu-pation is not contrary to the ob- jectives and characteristics of the zone in which the home occupation occupa-tion Is located. (9) Permit Dwelling Group (Planned). In order to encourage a creative crea-tive approach in the development develop-ment of land within the spirit of the Zoplng Ordinance, the Bocd of Adjustment may grant an application ap-plication for a permit for a dwelling group (planned) provided: pro-vided: a. The dwelling group (plan- . ned) is a permitted use in the zone In which it Is proposed to be constructed 'b. The area covered by .the application ap-plication shall be in one ownership owner-ship or if in more than one ownership, own-ership, the application shall be filed Jointly by all of the owners of the property Included In the plan. c. The area covered shall not be less than three (3) acres. d. The number of dwelling units per acre shall not exceed 5 in the R-l residential Zone; 7 in the R-2 Zone; 9 In the R-3 Residential Resi-dential Zone; and 5 in the RA-1 Residential Agricultural Zone. e. No single building shall con tain more than 16 dwelling units. f. No building shall exceed 2 stories or 20 feet in height whichever is lower. g. No residential building shall face the rear of another building. h. Wherever the dwelling group (planned) la adjacent to, or on Continued en Page C-3 CEDAR CITY ZONING ORDINANCE Continued from Page C-2 the opposite side of a street from a residential or residential agricultural ag-ricultural zone, then for each portion of the development adjacent ad-jacent to or across from such residential res-idential or residential agricultural agricultur-al zone, all yards and set back regulations pertaining to the adjacent ad-jacent or opposite zone shall also al-so apply to said portion of the dwelling group (planned) development devel-opment 1. All areas not covered by buildings or by off-street parking park-ing space or driveways, shall be planted Into lawn, trees and shrubs, and landscaped. j. The required front yard and si it yard which faces on a public pub-lic street shall not be used for automobile parking space but shall be landscaped and maintained main-tained with lawns, trees and shrubs, except for permitted driveways. k. AH offstreet parking space and driveways shall be hard-surfaced. hard-surfaced. L In addition to dwellings, the development may Include public schools, churches, community or public recreation buildings and other necessary and related community com-munity facilities. m. The plan must be approved by the Planning Commission prior to the review of the application appli-cation by the Board of Adjustment Adjust-ment The Planning Commission shall review the plan to determine deter-mine its compliance with any portion of the master plan that shall have been adopted including, includ-ing, but not limited to, plans for rtarlra ra vfrrnnnria nuhlic Utili- r r J ties, streets and schools. In considering con-sidering approval of the devel-" devel-" opment, the Planning Commission, Commis-sion, among other things, shall make sure that such develop, ment will constitute a residential environment of sustained desirability desir-ability and stability, that it will not produce a volume of traffic , in the surrounding zones in ex cess of the capacity for which the access streets are designed, that requirements for utilities, olf-street olf-street parking, traffic circulation and other public requirements will be adequately met and that the ground floor of all buildings shall not exceed twenty per cent (20) 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. n. The plans must be prepared by an architect licensed to practice prac-tice in the State of Utah. o. Upon compliance with the regulations and requirments herein set forth, and upon approval ap-proval of such dwelling group (planned) by the Planning Commission Com-mission and the Board of Adjustment Adjust-ment the regulations and restrictions re-strictions of the zone In which the development is located as applied to the land covered by th Hpvplnnmpnt shall be con strued to be modified In accordance accord-ance with the approved plan. p. Requirements in excess of those set forth in the Zoning Ordinance Or-dinance may be imposed as a condition of approval In order to Insure that the development will not be detrimental to the sur- (10) Permit Enlargement of Non-Conforming Building. The Board of Adjustment may permit the enlargement of a nonconforming non-conforming building when upon a finding of fact such enlargement enlarge-ment is in the public Interest, or is required by a health or safety official. (11) Other Permits When Authorized. The Board of Adjustment may grant other special exceptions or other special use permits provided provid-ed it is specifically authorized to do so by the terms of this ordinance. ordin-ance. (12) Concessions In Public Parks. The Board of Adjustment may permit concessions in public parks and playgrounds provided such concessions are in the pub lic interest safety is not impaired, impair-ed, and the concessions are not contrary to the objectives and purposes of the zoning plan. (13) Interpretation of Map. Upon appeal, the Board of Adjustment Ad-justment shall interpret the zone map. Said Board shall be guided in Its actions by the provisions of Paragraph 6-3 of this ordinance. 2. The Board of Adjustment may attach reasonable conditions or requirements to the grant of a variance or exception which the petitioner must comply with as a condition of the grant or approval approv-al and may attach a time limit on the exercise or non-exercise of any grant 3. In performing the duties and powers as set forth herein, the Board of Adjustment is hereby empowered to reverse or affirm wholly or partly or modify the order, requirement decision, or determination of the enforcing officer and may make such order or-der or requirement as ought to be made, provided, however, that In Interpreting and applying the provisions of this ordinance, the requirements contained herein shall be deemed to be the minimum min-imum requirements for the purposes pur-poses set forth. 4. Authority Limited The powers and duties of the Board of Adjustment art limited to administrative matters as herein set forth In this chapter. It shall not be the function of the Board of Adjustment to amend this ordinance or to correct cor-rect what it may consider to be an unwise requirement Nevertheless, Never-theless, the Board of Adjustment shall have administrative duties as set forth in this ordinance and within the limitations and intent of the provisions of this ordinance ordin-ance shall perform its duties and shall have the power to perform those acts as herein set forth and such administrative actions shall not be interpreted as unauthorized unauthoriz-ed amendments to this ordinance. 4 3. Vote. The concurring vote of three members of the Board will be necessary to decide upon any matter upon which it is required to pass 4-4. Application to Appear Before Be-fore the Board of Adjustment Any citizen or person, or any officer or department of the city may appeal to the Board of Adjustment Ad-justment by filing a request in writing with the Building Inspector In-spector on forms furnished by the city and by paying a fee of $5.00, provided such appeal is made within thirty (30) days from the grant or refusal of a building permit by the Building Inspector. The request to appear before the Board of Adjustment shall be made on the form "Application "Ap-plication to Appear Before the Board of Adjustment", copy of which is given below or as may be amended. Said form shall be as follows: Appeal No. vaie APPLICATION TO APPEAR BEFORE THE BOARD OF ADJUSTMENT (Name) . of (Address) do hereby apply to the Board of Adjustment of Cedar City, Utah for a determination on the following fol-lowing matter: The property covered by this eppcal la located at .... and is situated within the .. zone. - (Signature of Applicant) NOTE J By law, the Board of Adjustment may consider only three types of cases. These are outlined on the following page under the title of POWERS OF THE BOARD OF ADJUSTMENT. Please acquaint yourself with these provisions and indicate under which provisions provi-sions you are making this appeal. ap-peal. State the facts fully. Use additional sheets if necessary and attach a plot plan where appropriate ap-propriate showing the location of the buildings now on the lof and the buildings on adjoining lots, if any. POWERS OF THE BOARD OF ADJUSTMENT 1. The Board of Adjustment may consider the type of case where the applicant thinks the building inspector is Interpreting the zoning map incorrectly. (See Paragraph 4-2-A). 2. The Board of Adjustment may consider the type of case known as a variance, where the person making the appeal can show that the strict application of the regulation would result In peculiar and exceptional difficulties difficul-ties or undue hardship upon the property because of exceptional n a r r o wness, shallowness, or shape of his property at the time of the enactment of the controlling control-ling regulation, or because of exceptional ex-ceptional topographic conditions or other conditions peculiar to the lot. However, the Board of Adjustment cannot grant a request re-quest which would be contrary to the spirit of the Zoning Ordinance Ordin-ance or its objectives and purposes. pur-poses. (See Paragraph 4-2-B.) 3. The Board of Adjustment may consider special use permits and special exceptions which are set out in the zoning ordinance. (See Paragraph 4-2-C) I The Board of Adjustment may approve, deny in whole or in part, or may attach conditions to the -grant of the appeal. ACTION OF THE BOARD OF ADJUSTMENT 1. The Board of Adjustment determines that the mattes presented pre-sented in the appeal are within its powers to review as set forth In paragraph of the Zoning Zon-ing Ordinances and does hereby make the following determination determina-tion with respect thereto: 2. The Board of Adjustment determines that the request presented pre-sented In this appeal Is not within with-in Its authority to grant This request re-quest Is therefore denied. Hearir.g on this appeal was advertised ad-vertised 19 Hearing on this appeal was held 19 VOTE Yes No (Names) ' (Names) Absent: - BOARD Or ADJUSTMENT Secretary 4 5. Procedure. Upon receipt of the APPLICATION APPLICA-TION TO APPEAR BEFORE THE BOARD OF ADJUSTMENT, the Building Inspector shall forthwith forth-with transmit to the Planning Commission all papers constituting constitut-ing the record upon which the action appealed from was taken. The Planning Commission shall review the application and shall return the same to the Building Inspector with its recommendations recommenda-tions pertaining thereto within 30 days. Failure to return said application within 30 days shall constitute approval. An appeal stays all proceedings proceed-ings in furtherance of the action appealed from unless the Building Build-ing Inspector certifies to the Board of Adjustment after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would In his opinion cause imminent peril to life or property. proper-ty. In such case proceedings shall not be stayed otherwise than by restraining order which may be granted by the Board of Adjustment or by the district court on application and notice to the Building Inspector and on due cause shown. The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, give public pub-lic notice thereof by publication of notice at least five days prior to the date of the hearing, as well as due notice to the parties in Interest and decide the same within a reasonable time. Upon the hearing any party may appear ap-pear In person or by agent or by attorney. 4 6. Recourse from Decision of Board. Any person aggrieved by any decision of the Board of Adjustment Adjust-ment may have and maintain a plenary action fer relief therefrom there-from in any court of competent Jurisdiction provided that petition peti-tion for such relief is presented to the Court within thirty (30) days after the filing of such decision de-cision in the Office of the Board of Adjustment ARTICLE V. BOARD OF REVIEW POWERS AND DUTIES 5 1. Board of Review Created. For the purpose of more fully accomplishing the purposes and objectives of this chapter there Is hereby created a Board of Review which shall be composed of five (5) members to be appointed by the Mayor with the consent of the City Council for a term of five (5) years; provided that the terms of the members of the first Board so appointed shall be such that the term of one member shall expire each year. Vacancies shall be filled for the unexpired term of any member whose term is not completed. Said Board of Review shall elect a chairman from among its own members and shall establish rules of procedure pro-cedure which shall be approved by the City Council 5 - 2. Finding by the City Coun-dL Coun-dL The City Council hereby finds that excessive deterioration and dilapidation of buildings and the presence of trash, rubbish, and debris on or about premises produces pro-duces degeneration and lnstabil-Ity lnstabil-Ity In property values, accentuates accentu-ates obsolescence of buildings, lessens the wholesomeness and security of home life, deprives the city of tax revenues and destroys des-troys the proper balance between the taxable value of real property and the cost of providing necessary neces-sary municipal services and, in general, brings about a deterioration deterior-ation in public health, safety, comfort, morals and welfare of the citizens. 5 - 3. Effect of Finding. In view of this finding, no deteriorated de-teriorated or dilapidated building build-ing shall be permitted to remain on any lot; nor shall any excessive exces-sive amount of trash, weeds, rubbish, or debris be allowed to remain on any lot which produces pro-duces one or more of the harmful harm-ful effects mentioned in paragraph para-graph 5-2 of this chapter. 5 4. Deteriorated Buildings and Excessive Accumulation of Debris De-bris to bo Referred to Board of Review. Whenever a building Is permitted permit-ted to deteriorate, and whenever trash, rubbish, weeds, or debris is permitted to remain on or about any premises to such an extent and to such a degree that one or more of the harmful effects ef-fects set forth in paragraph 5-2 of this chapter results therefrom, then the Building Inspector shall and any citizen may, notify the Board of Review of the existence and location of such deteriorated building or trash, rubbish, or debris. de-bris. 5 5. Powers and Duties of Board of Review. Upon the submission to the Board of a report of the existence exist-ence of an excessively deteriorated deteriorat-ed building or the existence of excessive amounts of trash, weeds, rubbish, and debris on or fet?"t any premises, It shall be the responsibility of the Board of Review to examine such buildings build-ings or premises and to specify In writing within ten days from the date of the submission of the report of that which must, be done by the owners and occupants occup-ants of the premises to overcome such harmful effects. 5 6. Decision. In the exercise of Its duties, the Board of Review may specify, speci-fy, among other things, the extent ex-tent of renewal or removal which must be done and the time in which the work must be done. Where the requirements involve the renewal or removal of a building or the removal of any trash, rubbish, or debris, the Board of Review, through the Building Inspector, may, in addition ad-dition to other remedies as set forth in Paragraph 7-12 of this chapter, proceed in accordance with the provisions of Title 10, Chapter 11, Utah Code Annotated, Annotat-ed, ior3. 5-7. Notice. It shall be the duty of the Buildingf Inspector to Inform the owner or occupant of the requirements re-quirements of the Board of Review Re-view and to enforce the requirements require-ments of said Board. 5-8. Appeal. Any person aggrieved by any determination or requirments by the Board of Review may appeal to the City Council, by notifying the City Clerk in writing of his desire to appeal within seven days after notification by registered regis-tered mail of the decision or requirments re-quirments of the Board of Re-view Re-view and the City Council may reverse or affirm wholly or in part any decision, determination, or requirement made by the Board of Review In order that the objections and purposes of this chapter may be accomplished and substantial justice done - ARTICLE VL ZONING 6 2. Division of City Into Zones Regulations. In order to accomplish the purpose pur-pose of this ordinance .the city is hereby divided into several zones, end in each of the zones, the height and number of stories, tho size cf buildings and other structures, the percentage of a lot .that may be occupied, the size of yards, courts, and other open spaces, the density of population, pop-ulation, the location and use of buildings, structures, and land are hereby regulated and restricted re-stricted as hereinafter set forth. 6 3. Declaration. It is hereby declared that the zones, the boundaries thereof, and the regulations and restrictions restric-tions applying within each of the zones were made In accordance accord-ance with a comprehensive plan of zoning and that due and careful care-ful consideration was given, among other things, to the stability sta-bility of the land for particular uses, and to the character of the zone, with a view to conserving the value of buildings and encouraging en-couraging the most appropriate use of land throughout the city. 6 - 4. Intent It is the intent of the City Council of Cedar City, Utah, that the regulations and restrictions as set forth in this ordinance shall be so Interpreted and con-, strued as to further the objec-j tives and purpose of this ordin-1 a nee. 6 5. General Provisions. 1 Non-Conforming Biuldings and Uses A. Maintenance Permitted. Ii is ihe intent ot this Zoning Ordinance to prohit the addition or enlargement of non-conforming ufes, Nevertheless, a nonconforming non-conforming building or structure may be maintained and may be continued to the same extent as that which existed at the time of the effecive date of this ordinance. ordin-ance. B. Repairs Repairs may also be m de to a non -conforming building or to a building housing the non-conforming use provided such re-pairs re-pairs shall not have the effect of increasing the floor space devoted devot-ed to the 1 1 on-conforming use, capacity or volume of business. C Expansion or Enlargements of Non -Conforming Uses. Land. Land area of any nonconforming non-conforming use shall not be increased. in-creased. Buildings. The floor area in a buildins or structure oocuni. ed by a non-conforming use shall not be increased except as follows: a. Extensions A non-conforming use of a building may be extended ex-tended to Include the entire floor area of the building as it existed at the time such use became non-conforming. b. Extensions or enlargements to a building containing a nonconforming non-conforming use may also be made In order to overcome unsafe un-safe or unsanitary conditions when required by an official safety or health officer. D. Restoration of Damaged Bulldinglngs A non-conforming building or structure or a building or structure struc-ture occupied by a non-conform-Ing use which is damaged or destroyed de-stroyed by fire, flood, wind, earthquake, or other calamity or act of God or public enemy, may be restored, and the occupancy or use of such building, structure, struc-ture, or part thereof which existed exist-ed at. the time of such damage or destruction may be continued or resumed, provided that such restoration Is started within a period of one year from the date of destruction and is dilllgently prosecuted to completion and provided that such restoration does not Increase the floor apace devoted to the non-conforming use over that which existed at the time the building became non-conforming. E. Discontinuance. A non-conforming building or structure or portion thereof or a lot occupied by a non-conforming use which is or hereafter becomes abandoned or Is discontinued discon-tinued for a continuous period of one year shall not thereafter be occupied except by a use which conforms to the use regulations of the zone in which it is located. F. Change to a Conforming Use Any non-conforming use may be changed to a conforming use. Any non-conforming use which has been changed to a conforming conform-ing use shall not thereafter be changed back to a non conform-ing conform-ing use. G. Change to Another Non-Conforming Use. A non-conforming use of a building or lot may be continued to the same extent as that which existed at the time of the effective ef-fective date of this ordinance but may not be changed to another non-conforming use. H. Reclassification of Territory. The provisions pertaining to non-conforming uses of land and buildings shall also apply to land and biuldings which hereafter here-after become non-conforming due to any amendments in the Zoning Ordinance. I. Permits Granted Prior to Passage of Ordinance of Amendment Amend-ment Thereto. Notwithstanding the issuance of a permit therefor, no building which becomes nun-conforming upon the passage of this ordinance ordin-ance or which becomes non-conforming due to an amendment to this ordinance shall be built unless un-less construction has taken place thereon to the extent of at least $500 in replaceable value by the date on which this ordinance or said amendment becomes effective. effec-tive. J. Non-Conforming Uses to be Registered. The owner of any land on which a non-conforming use is located shall register such nonconforming non-conforming use by filing with the Building Inspector a registration registra-tion statement for such non-conforming use which shall include a description of such non-conforming use and an affidavit setting set-ting forth the time that such use came into existence. The Building Build-ing Inspector shall preserve such statements and affidavit and on the basis of such document shall issue a Certificate of Occupancy. 2. Annexations. In every case where territory becomes a part of the city by annexation, the same shall automatically auto-matically be classified as lying and being In the R-l Residential Zone until such classification shall have been changed by an amendment to the zoning ordinance ordin-ance as provided herein. 6 6. Definitions. For the purpose of this ordin- ance certain words and terms are defined as follows: Words used in the present tense Include the future. Words In the singular number Include the plural and the plural the singular. The word district is synonymous with the word zone. And the word Zoning Administrator Adminis-trator synonmous with thft word Building Inspector. Words not included in-cluded herein, but defined in the Building Code shall be construed as defined therein. 1. Accessory Use A subordinate subordin-ate use customarily incidental to and located upon the same lot occupied by a main use. 2. Apartment House A building build-ing arranged, intended, or designed de-signed to be occupied by more than four (4) families living Independently In-dependently of each other and having separate cooking facilities. facili-ties. 3. Boarding House - A building containing not more than one kitchen, where for compensation, meals are provided for three (3) or more persons pursuant to previous pre-vious arrangements on at least a weekly or monthly basis In contradistinction to a hotel or a cafe. For the purpose of this or- dinance, where the number of boarders are two (2) persons or less, such boarders shall be considered con-sidered as a part of a family. (See definition of Family and Lodging House.) 4. Building Any structure having a roof supported by columns col-umns or walls for the housing or enclosure of persons, animals, or chattels. 5. Build'ng Accessory A de-t de-t ached subordinate building clearly incidental to and located upon the same lot occupied by a main building including, but not limited to, a private garage, perpolas, or arbor. 6. Building, Height of - The vertical distance from the grade to the square of the building. 7. Building, Main . One or more of the principal buildings upon a lot. 8. Building, Public - A building owned and operated or owned and Intended to be operated by a public agency of the United States of America, of the State of Utah, or any of Its subdivisions. 9. Carport A structure not completely enclosed by walls for the shelter of automobiles. 10. Dwelling Any building which Is used for residential purposes, except hotels, tourist courts, boarding or rooming house and fraternity or sorority houses. 11. Dwelling, Single-family -A building arranged or designed to be occupied by one family (with not more than two roomers or lodgers), the structure having only one dwelling unit. 12. Dwelling. Two-family -A building arranged or designed to be occupied by two families, the structure having only two dewlling units. 13. Dwelling, Throe-family A building arranged or designed to be occupied by three families, the structure having only three dwelling units. 14. Dwelling, Four-family -A building arranged or designed to be occupied by four families, the structure having only four dwelling units. 15. Dwelling. Multiple A building arranged or designed to be occupied by more than four families: apartment house. 16. Dwelling Unit One or more rooms in a dwelling designed de-signed for or occupied by one family for living or sleeping purposes pur-poses and having one kitchen or set of cooking facilities. 17. Family An individual or two (2) or more persons related by blood, marriage, or adoption living together in a dwelling unit. For the purpose of this ordinance, or-dinance, guests in excess of two (2) shall be considered as boarders, board-ers, and the building in which they abide shall be considered as a boarding house. (See definition defini-tion of Boarding and Lodging House.) 18. Family Food Production The keeping of not more than two (2) cows, two (2) goats, twenty (20) rabbits, fifty (50) chickens, fifty (50) pheasants. ten (10) turkeys, ten 10 ducks, ten (10) geese, and twenty (20) pigeons. 19. Garage. PubUc A building build-ing or portion thereof, other than a private garage, designed or used for servicing, repairing, equipping, hiring, selling, or storing motor-driven vehicles. 20. Party wall Garage An accessory ac-cessory building designed for the temporary storage of automobiles, automo-biles, and which has a common wall on the property line between be-tween two properties. 21. Grade The average of the finished ground level at the center cen-ter of all walls of a building. In case of walls parallel to and within thirty-five (35) feet of a sidewalks, the aboveground level shall be measured at the sidewalk. side-walk. 22. Group House One or more buildings, not more than two and one-half (2'4) stories In height containing dwelling units and arranged around the sides of a court which opens upon an officially of-ficially approved street or place. 23. Guest A person received for entertainment at a hotel, motel, mo-tel, boarding house, rooming house, or rest home upon customary cus-tomary terms. 24. Homo Occupation An occupation oc-cupation carried on entirely wunin a dwelling by persons residing re-siding within the dwelling and where there Is no visual indication indica-tion from outside the building that the occupation is being carried car-ried on therein. 25. Household Pets Animals or fowl ordinarily pprrnltnvi in the house and kept for company or pleasure, including but not limited to dogs, cats, canaries, and chinchillas. 26. Lodging House - A building build-ing where sleeping accommodations accommoda-tions are provided to three or more persons for compensation pursuant to previous arrangement arrange-ment on at least a weekly basis In contradistinction to a hotel, tourist home, or motel. For the purpose of this ordinance, where the number of lodgers is two per sons-or less, such lodgers shall be conidered as part of a family. (See definition of Boarding House and Family.) 27. Lot A parcel of land occupied oc-cupied or to be occupied by a building or group of buildings together with such yards, . open spaces, lot width, and lot area as required by this ordinance, hav-Ing hav-Ing a frontage on the street or upon a right-of-way which has been approved by the Board of Adjustment 28. Lot Corner A lot abutting on two intersecting or intercepting intercept-ing streets where the interior angle of Intersection or Interception Intercep-tion does not exceed 135 degrees. 29. Lot Interior . A lot other than a corner lot. 30. Lot Una. Front - The front boundary line of a lot bordering on the street. In the case of a corner lot the side bordering on the street which has the smaller dimension shall be the front lot line. 31. Lot Una. Rear A lot line which Is opposite and most distant dis-tant from the front lot line. In the case of an Irregular, triangular, triangu-lar, or gore-shaped lot. the rear lot line shall be a line within the lot, parrallel to and at the maxl-mum maxl-mum distance from the front lot line, having a length of at least ten (10) feet. 32. Lot Una. Side - Any lot boundary line not a front lot line or a rear lot line. 33. Nonconforming Building or Structure A building or structure struc-ture or portion thereof, lawfully existing at the time this ordinance ordin-ance became effective, and which does not conform with the use regulations of the zone In which It is located. 34. Nonconforming Use A use which lawfully occupied a building build-ing or land at the time this ordinance or-dinance became effective, and which does not coform with the use regulations of the zone in which it is located. 35. Parking Lots - An open area other than a street used for the parking of more than four (4) automobiles and available for public or private use, whether free, for compensation, or an accommodation ac-commodation for clients or customers. cus-tomers. 36. Parking Space . A space of at least two hundred (200) square feet within a building lot or parking lot for the parking ot storage of one automobile having hav-ing adequate provision for Ingress In-gress and egress from a street by a standard-size automobile. 37. Square of Building . The top (weighted average) or the exterior walls of a building. 38. Street A thoroughfare which has been dedicated to the public or which has been made public by right of use and which affords the principal means of access to abutting property. 39. Structure - Anything constructed con-structed or erected which is either eith-er located on the ground or attached at-tached to something having a location on the ground. 40. Sight Obscuring Fence oa Wall - The term as used in this ordinance shall mean a aolid fence or wall of not more than (6) feet In height nor more than eight (8) feet in height 41. Trailer Court Any area or tract of land used to accommodate accommo-date two (2) or more automobile trailers or camping parties. 42. Tourist Court Motel - Any building or group of buildings containing sleeping rooms with or without fixed cooking fadli- -ties designed for temporary me by automobile tourists. ' 43. Tourist Homo A dwelling converted into a hotel for the accommodation of tourists. 44. Yard An open unobstructed unobstruct-ed space on a lot other than a court, unoccupied and unobstructed unob-structed from the ground upward cxtrpt as otherwise permitted. 45. Yard. Front A space on the same lot with a building between be-tween the front line of the bupd-ing bupd-ing and the front Iohne and extending ex-tending across tha-fon 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. 46. Yard. Rear A space on the same lot with the building between be-tween the rear line of the building build-ing and the rear lot line and extending ex-tending the full width of the lot. The depth of the rear yasjjTl the minimum distance between the rear lot line and the rear line of the building. 47. Yard. Side - A space on the same lot with the building between be-tween the side line of the building build-ing and the side lot line and extending ex-tending from the front yard to the rear yard The width of the side yard shall be the minimum distance between the side lot line and the side line of the building. 4a Set Back The shortest horizontal hor-izontal distance between the-boundary the-boundary of a lot and the building build-ing or structure or part thereof. 1 49. Dwelling group (pleased) Two nr iy b"!!d SSCd tSm dwelling purposes located on one lot and not subdivided Into customary cus-tomary street and lots. 50. Bachelor Apartment - A dweling unit occupied by three or more students or persons of one sex. 6 7. Establishment of Zone. In-order to carry out the pur-noses pur-noses of this Ordinance, Cedar City, Utah, is hereby divided into in-to zones as follows: R-l RESIDENTIAL ZONE. R-2 RESIDENTIAL ZONK R 3 RESIDENTIAL ZONK. RA-1 RESIDENTIAL - AGRICULTURAL AGRI-CULTURAL ZONE. SC I NEIGBORHOOD SHOPPING SHOP-PING CENTER ZONE. CC-1 CENTRAL COMMERCIAL ZONE. GC-1 GENERAL COMMERCIAL COMMER-CIAL ZONE. HS-1 HIGHWAY SERVICE ZONE. I&M-l INDUSTRIAL AND MANUFACTURING ZONE. 6 8. Location of Zones. The location and boundaries of each of the zones are shown on the Zone Map of Cedar City, Utah, and said map is hereby declared to be an official record and a part of this ordinance, and said zone map and all noUUona, references, and other Information shown thereon shall be as much a part of this ordinance as if the matters and other Information set forth by said map were fully described herein. A. Boundaries of Zones, Where uncertainty exists with ? respect to the boundaries of various var-ious zones, the following rules i shall apply: 1. Where the Intended boundaries bound-aries on the zone map are approximately ap-proximately street or alley lines, said street or alleys shall be construed con-strued to be the zone boundaries. 2. Where the Indicated boundaries bound-aries are approximately lot lines, said lot lines shall be construed to be the zone boundaries, unless otherwise indicated.- 3. Where land has not been subdivided Into lots. '. the Bone boundary shall be determined by the use of the scale of measure ment shown on the map. Contused oa Page C-4 I CEDAR CITY ZONING ORDINANCE Continued from Page C-3 4. Where other uncertainty exists, ex-ists, the Board of Adjustment shall Interpret the map. 6 9. Regulations Within Zones. Regulations and restrictions governing the use of land, buildings, build-ings, and structures, the size of yards, courts and other open spaces, density of population, location, lo-cation, size and height of buildings build-ings and structures and the maintenance of premises shall apply within the several zones as hereinafter set forth. R-l. RESIDENTIAL ZONE 610 6-10-1. Objectives and Character istics of Zone. The objective in establishing the R-l Residential Zone is to encourage the creation and maintenance of a residential environment en-vironment within the city which Is characterized by large lots (at least one-fourth (4) acre) on which single family dwellings are situated, surrounded by well-kept well-kept lawns, trees, and other plantings. A minimum of vehicular vehic-ular and pedestrian traffic and quiet residential conditions favorable fav-orable to family living and the rearing of children shall also be characteristic of this zone. While much of this zone Is currently devoted to agricultural and other open land uses it is intended that the land shall be developed into residential uses as the needs arise having characterstics as hereinabove set forth. Representative of the . uses within the R-l Zone are one-family dwellings, parks, agriculture, playgrounds, schools, churches, and other community facilities designed in harmony with the characteristics of the zone. Board.'n a id lodging houses, two-family dwellings, triplexes, apartment houses and other mul-tiple mul-tiple dwellings representative of higher density residential arras re strictly prohibited in thin zone as are commercial and industrial in-dustrial uses, and home occupations occupa-tions are strictly limited. Owners and developers of property pro-perty are advised that primacy Is given in this zone to one-family one-family dwellings situated on lots averaging from ninety (90) to one hundred (100) feet in width and from eleven thousand (11,-000) (11,-000) to fifteen thousand (15,000) square feet in area, and property proper-ty should be developed and maintained in recognition thereof. there-of. In order to accomplish the ob-. ob-. Jectives and purposes of this ordinance, or-dinance, and to promote the characteristics of this zone, the following precise regulations shall apply in the R-l Residential Residen-tial Zone. A. Use Regulations. The following uses shall be permitted in the R-l Residential Zone. 1. One-family dwellings and the following accessory buildings and structures, private garage andor carport for the stores of automobiles owned by persons residing on the premises, greenhouses green-houses for private use only, private pri-vate swimming pools, pergolas, arbors. 2. Dwelling groups (planned), but only when approved by the Board of Adjustment after receiving re-ceiving the recommendations of the Planning Commission. 3. Agriculture. 4. Bulletin boards not exceeding exceed-ing eight (8) square feet In area pertaining to the lease or sale of proprty; also name plates in connection with dwellings not exceeding one and one-half (14) square feet in area and constructed con-structed and maintained in harmony har-mony with the residential character char-acter of the zone. 5. Fences, walls, and hedges. (See 6-1912). 6. Public schools'publlc libraries, librar-ies, public recreation buildings, and similar public buildings and grounds; churches, but not including in-cluding temporary revival tents or buildings. Public utility buildings build-ings and structures, providing that no storage yard shall be maintained on the premises. 7. A- temporary building or yard storage of construction ma- ' terlals and equipment Incidental and necessary to construction of housing development, utilities, or other community facilities, provided such temporary building build-ing or yard is located on the same tract of land on which the houses, utilities or other community com-munity facilities are constructed. A permit therefor shall be issued only to the contractor or builder and shall be valid for not more than two years, at the expiration of which time the said building or yard shall be removed from the premises and said use discontinued. dis-continued. 8. 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 of-fice is located on the same tract of land as the subdivision. A per mit therefor shall be valid for hot more than two (2) years, at the expiration of which time said use shall be discontinued. - 9. Customary household pets, including, but not limited to, dogs, cats, and canaries, but not Including the breeding of dogs! and cats for sale. ... J 10. Home occupations when ap- -.'' proved by the Board of Adjustment. Adjust-ment. 11. Dwelling group (planned) when approved by the Board of Adjustment 6-10-3. Area Requirements. An area of rot less than ten thousand (10,000) square feet shall be provided and maintain cd for each dwelling and uses accessory thereto. For other main buildings an area of at least one (1) acre shall be provided and maintained. 6-10-4. Width Requirements. The minimum width of any building site for a dwelling shall be ninety (90) linear feet The minimum width for any building site for other main buildings shall be one hundred fifty (150) feet. 6 -10 5. Location of Buildings and Structures. 1. Side yard requirements. The minimum side yard of any dwelling shall be eight (8) ier.t and the total width of the t vo required side yards shall be not less than twenty (20) feet. Other main buildings shall have a minimum side yard of twenty (20) 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 eight (8) feet, except that private garages and other accessory buildings, located at lea;t six (6) feet in the rear of the main building may have a minimum side yard of, one (1) foot provided that no private garage or other accessory building shall be located closer than sixteen feet to a dweling on an adjacent lot. On corner lots, the side yard which faces on a street shall be not less than twenty (20) feet for main bluld-lngs bluld-lngs and not less than twenty-five- (25) feet for accessory buildings. 2. Front yard requiremerV Ine minimum depth of the front yard for main buildings and for private garages which have a minimum side yard of ten (10) feet shall be twenty-five (25) feet. Other private garages and all accessory buildings other than private garages shall be located lo-cated at east six (6) feet in the rear of the main buidlng. 3. Rear yard requirements. The minimum rear yard for any miin building jhall be thirty thir-ty (30) feet; however, the minimum min-imum rear yard for main buildings build-ings on corner lots having a garage gar-age or carport may be reduced to eight (8) feet For accessory buildings the minimum rear yard shall be one (1) foot, provided pro-vided that on corner lots, accessory acces-sory buildings shall be set back from the rear lot line a distance of at least eight (8) feet 6 10 6. Height Requirements. The maximum height of any buiding shall be twenty (20) feet or two stories, whichever Is higher, except as provided in paragraph 6-19 8 of this ordinance. ordin-ance. Roofs above the square of the building, chimneys, flagpoles, flag-poles, television antennas, church towers, and the similar structures not used for human occupancy are excluded in determining deter-mining height. 6 10 7. .Sise of Buildings. The 7CUr.i f.CGt antra in uiy one-family dwelling shall not be less than one thousand (1,000) square feet exclusive of open porches and carports. For churches there shall be a ground floor area of at least five thousand thous-and (5,000) square feet. 6 - 10 . 8. Special Provisions. 1. There shall be no outside storage In connection with public pub-lic bulldlnc. churches and public pub-lic utility buildings. 2. The required front yard and the required side yard, which abutts upon a street, shall not be used for the parking of automobiles; auto-mobiles; but shall be planted and maintained In lawn, trees, and shrubs, or other customary landscape features, except for permitted driveways. 6 10 9. See also supplementary regulations to all zones. 11. R-2 RESIDENTIAL ZONE 6 11 . 1. Objectives and Char. acteristJcs of Zone. The objective in establishing the R-2 Residential Zone Is to provide a residential environment environ-ment within the city which Is characterlstlzed by a more compact com-pact and somewhat denser residential resi-dential development and a somewhat some-what higher volume of vehicular and pedestrian traffic than Is characterlc of the R-l Zone. Attractive At-tractive lawns, shrubs and trees, and other landscape plantings about the houses and on the parking strip within the streets is also characteristic of this zone. Representative of the uses In this zone are one and two-family dwellings, out of town students living with families, student bachelor apartments and boarding board-ing houses and rooming houses having a very limited number of boarders or roomers, home occupations, occu-pations, parks, playgrounds, schools, churches and certain other compatible uses. On the other hand, apartment buildings, multiple dwellings, sorority and fraternity houses, and other uses normally associated with high density dwelling areas, as well as commercial and Industrial uses, are prohibited from this tone. Owners and developers of property pro-perty are advised th.t primacy is given in this zone to one and two-family dwellings situated on lots averaging seventy (70) to eighty (80) feet in width and from seven thousand (7,000) to eight thousand (8,000) square feet in area, and property should be developed and maintained in recognition thereof. In order to accomplish the objectives ob-jectives and purposes of this ordinance, or-dinance, and to promote the es-entlal es-entlal characteristics of this zone, the following precise regulations shall apply in the R-2 Residential Residen-tial Zone: 6 11 . 2. Use Regulations. The following uses shall be permitted in the R-2 Residential Zone. 1. Any use permitted in the R-l Residential Zone. 2. Two-family dwellings and buildings customarily accessory thereto. 3. Batching apartments for not more than six (6) 'students when located in a building having only on-ly one dwelling unit. 4. Boarding and rooming houses having accommodations for not more than four (4) boarders board-ers and roomers In addition to the residing family. 5. Child's Day Care Nursery for the accommodations of not more than six (6) children. 6. Rest Homes, also group houses having not more than six (6) dwelling units per acre of land. . 7. Trailer Courts provided: a. The trailer court complies with the rules and regulations of the TRAILER COURT ORDINANCE ORDIN-ANCE OF CEDAR CITY, UTAH. b. Each trailer court shall contain con-tain at least three (3) acres. c. The court Is located adjacent to ti state or federally designated highway, as shown on the Master Mas-ter Plan of Cedar City, Utah. d. Each space within the trailer trail-er court contains an area of at least three thousand (3,000) square feet and has frontage on a roadway within the trailer court of at least forty (40) feet. e. An ornamental fence or wall, at least 60 sight obscuring, obscur-ing, shall be constructed to a height of at least six (6) feet around the entire trailer court, except for permitted driveways. f. A front yard of at least thirty (30) feet is maintained between the front property line and the ornamental fence or wall, which yard is planted and maintained in lawn, trees and shrubs comparable com-parable with the front yards of dwellings in the same zone. g. Not less than 5 of the land within the trailer court Is set aside for play space and Is planted in lawn or otherwise equipped with play apparatus for children. 6 11 3. Area Requirements. An area of not less than seven thousand (7,000) square feet Bhall be provided and maintained maintain-ed for each main building and uses accessory thereto, except that for rest homes there shall be an area of at least twenty thousand (20,000) square feet and for churches there shall be a mlnlmifm area of at least one (1) acre. 5 . 11 4. Width Requirements. The minimum width of any building site shall be seventy iTO; feet except tnat lots for rest homes' shall have an additional width of ten (10) feet for each guest room contained within the building. For churches there shall be a mlnmum width of 150 feet 6 11 5. Location of Buildings and Structures. 1. Side yard requirements. The .minimum side yard for any dwelling, batching apartment apart-ment or boarding and rooming house, shall be six (6) feet and the total width of the two required requir-ed side yards shall be not less than sixteen (16) feet For rest homes and other main buildings, I there shall be a minimum side yard of twenty (20) feet and the total width of the two side yards shall be not less than forty (40) feet The minimum side yard for a private garage shall be six (6) feet except that private garages and other accessory buildings. located at least six (6) feet in the rear of the main building, may have a minimum side yard of one (1) foot, provided that no private garage or other accessory building shall be located closer than twelve (12) feet to a dwelling dwell-ing on an adjacent lot. On corner lots, the side yard which faces on a street shall be not less than twenty (20) feet for main buildings build-ings and not less than twenty-five twenty-five (25) feet for accessory buildings. A carport open on three sides which Is connected to a dwelling may be built within one (1) foot of the property line; however, all walls must comply with side yard reguatlons for buildings. A party wall shall be permitted between accessory buildings on adjacent lots when both accessory buildings are located lo-cated at least twelve (12) feet In the rear of the dwellings to which they are accessory. 2. Front yard requirements. Same as R-l Residential Zone. 3. Rear yard requirements. Same as R-l Residential Zone. 611.6. Height Requirements. Same as R-l Residential Zone. 6 11 7. Sise of Buildings. The ground floor area of any main building shall not be not less than seven hundred fifty (730) square feet, ' exclusive of open porches and carports. 6 11 8. Special Provisions. Same as R-l Residential Zone. 6 11 9. See also supplementary- regulations to all sones. 612 R-3 RESIDENTIAL ZONE 6 12 . 1. Objectives and Char, acterlstics of Zone. The objective in establishing the R-3 Residential Zone is to provide a residential environment environ-ment within the city which is characterized by a variety of dwelling types having widely varying forms and shapes. Attractive At-tractive lawns, shrubs, trees, and other landscape plantings about the houses and on the parking strip within the streets are also characteristic of this zone. Typical Typi-cal also of the R-3 Zone is somewhat some-what smaller lot widths, a greater great-er movement of vehicular traffic, and a somewhat denser residential residen-tial environment than is charac-terstlc charac-terstlc of the R-2 Zone. In general, gen-eral, this zone is situated in the central part of the city where the need for rental units and student accommodations is greatest, great-est, and where the comingling of many types of residential uses, churches and schools has already taken place. Representative of the uses in this zone are one, two, three, and four family dwellings mingled with apartment houses, rooming houses, sorority and fraternity houses, and schools, parks and playgrounds. On the other hand, retail and wholesale, commercial commer-cial and industrial uses are not permitted in this zone. Owners and developers of property pro-perty are advised that primacy is given in this zone to multiple family dwellings; that vehicular and pedestrian traffic and parking park-ing along the street in somewhat greater amounts than is characteristic charac-teristic of the R-l and R-2 Zones should be expected; that variety in type, shape and design of buildings is to be expected and that property should be developed develop-ed and maintained in recognition thereof. 6 12 2. Use Requirements. The following uses shall be permitted in the R-3 Residential Zone: 1. Any use permitted in the R-l and R-2 Residential Zones. 2. Three and four-family dwellings, apartment houses, row houses and other multiple dwellings. dwell-ings. , 3. Boarding and rooming houses, dormitories, fraternity buildings, sorority houses, and tourist homes. 4. Rest homes, foster family care homes, nurseries, orphanages, orphan-ages, private schools. i 5. Clubs, lodges and non-profit recreational buildings, except those the chief activity of which is customarily carried on as a business. 6. Hospitals and clinics. 7. Trailer courts subject to the requirements set forth in the R-2 Residential Zone. 6-12-3. Area Requirements. The minimum lot shall be not less than six thousand (6000) square feet for a single-family dwelling, plus one thousand (1.000) additional square feet of lot area for each additional dwelling unit In the building;, and not less than seven thousand thous-and (7,000) square feet for any main building other than dwellings. dwell-ings. 6 12 4. Width Requirements. The minimum width of any lot for any one, two, three, or four-family four-family dwelling or any apartment apart-ment house or any boarding or rooming house shall be fifty-five fifty-five (55) feet measured twenty-five twenty-five (25) feet back from the front lot line. The minimum width of any lot for rest homes or any other main buildings shall be at least ninety (90) feet. 6-12-5. Location Requirements. 1. Side yard requirements. The minimum side yard for any dwelling, apartment house, boarding or rooming house, dormitory, sorority or fraternity house, tourist home or nursery shall be six (6) feet and the total to-tal width of the two required yards shall be not less than six teen (16) feet Other main buildings, build-ings, Including but not limited to clubs, lodges, recreational buildings, hospitals, clinics, schools, rest homes and churches, shall have a minimum side yard of twenty (20) feet and the total width of the two side yards shall be not less than forty (40) feet The minimum side yard for a private garage shall be six (6) feet except that private garages and other accessory buildings located lo-cated at least six (6) feet in the rear of the Itialn building may have a minimum side yard of one (1) foot provided that no private garage or other accessory building shall be located closer clos-er than twelve (12) feet to a dwelling on an adjacent lot On corner lots, the side yard which faces on a street shall be not less than twenty (20) feet for main buildings and not less than twenty-five (25) feet for accessory buildings. A carport open on three sides, which is connected to a dwelling may be built within one (1) foot of the property line; however, all walls must comply with side yard regulations reg-ulations for dwellings. A party wall shall be permitted where both accessory buldlngs are located lo-cated at least twelve (12) feet in the rear of both adjacent dwellings. 2. Front yard requirements. Same as R-l Residential Zone. 3. Rear yard requirements. Same as R-l Residential Zone. 6 12 6. Height Requirements. No building shall be erected to a height greater than fifty five (55) feet, except as provided in paragraph 6-19-8 of this ordinance. or-dinance. 6 . 12 - 7. Sise of Building. No requirements. 6 12 - a Special Provisions. Same as in R-l Residential Zone. 6 12 9. See also supplementary supplemen-tary regulations to all zones. 6-13. RA-1 RESIDENTIAL. AGRICULTURAL ZONE 6 13 1. Objectives and Char, acterlstics of Zone. The objective in establishing the RA-1 Residential-Agricultural Zone is to encourage the orderly or-derly and timely conversion of certain openland areas within the city into residential areas as the need occurs. Thus, the RA-1 Residential-Agricultural Zone which Is currently unused or is devoted to the raising of crops, livestock, or other openland uses but into which residential development devel-opment having characteristics as set forth in the R-l Zone should be directed as needed. This zone is characterized by large lots' or tracts of land interspersed inter-spersed by dwellings, barns, corrals, cor-rals, and the keeping of animals and fowls for family food production pro-duction and for the convenience and pleasure of persons residing on the premises. The keeping of livestock as the primary source of family income is not permitted, permit-ted, nor are duplexes, triplexes, apartment houses, and other multiple dwellings or uses of a commercial and industrial na- jture. Owners and developers of property should bear in mind that primacy is given to residential residen-tial development characteristic of the R-l Zone and should develop de-velop and maintain their property proper-ty in recognition thereof. In order to accomplish the objectives ob-jectives and purposes of this ordinance or-dinance and - to stabilize and protect the essential characteristics characteris-tics of this zone, the following it-else regulations shall apply in this RA-1 Residential-Agricultural Zone: 6 13 2. Use Requirements. The following uses shall be permitted In the RA-1 Residential-Agricultural Zone: 1. Any use permitted In the R-l Residential Zone. 2. Trailer courts subject to the regulations pertaining to trailer courts as set forth in the R-2 Residential Zone. 3. The keeping of animals and fowl for family food production, also the keeping of not more than two (2) horses, provided that not more than ten (10) animals ani-mals and their suckling offspring off-spring and not more than one hundred (100) fowl shall be kept on any lot 4. Barns, corrals, coops, pens, for the keeping of animals and fowl. . 5. Rest homes subject to the regulations pertaining to rest homes as set forth in the R-2 Rt-aiut-miai vone. 6 13 3. Area Requirements. Same as in the R-l Residential Zone for dwellings. An area of not less than one (1) acre shall be required for all other main buildings and for all lots on which aninr's and fowl are kept 6 13 4. Wdth Requirements. Same as in R-l Residential Zone for dwellings. For rest homes and other main buildings and for lots on which animals and fowl are kept, there shall be a minimum width of lot of one hundred eighty (180) linear feet 6 13 5. Location Requirements. 1. Side yard requirements. Same as R-l Residential Zone for dwellings and other main buildings, except that the minimum mini-mum side yard for a rest home shall be not less than twenty (20) feet 2. Front yard requirements. Same as in R-l Residential Zone. 3. Rear yard requirements. Same as In R-l Residential Zone. 6 13 6. Height Requirements. Same as in R-l Residential Zone. 6 13 7. Sise of Buildings. Same as in the R-2 Residential Zone. 6 13 8. Special Provisions. Same as In the R-l Residential Zone, except that all barns, pens, corrals, and coops, for the keeping keep-ing of animals and fowl, shall be located at least one hundred (100) feet from the nearest dwelling and street 6 13 9. See supplementary regulations reg-ulations to all zones. 6-14 SC I NEIGHBORHOOD SHOPPING CENTER ZONE 6 14 . 1. Objectives of Zone. The objective in establishing the Neighborhood Shopping Center Cen-ter Zone SC-1 Is to provide appropriate ap-propriate locations within residential, resi-dential, areas where retail out lets can be established which will promote convenience In ob talning day to day shopping needs under conditions which will not be harmful to adjacent residential values. Thus, in the SC-1 Neighborhood Shopping Center Zone, only the kind of retail re-tail and service establishments shall be permitted which sell goods and services heeded to fill the daily household and personal person-al service requirements of the people who live in the surrounding surround-ing neighborhood. It is intended that the SC-1 Neighborhood Shopping Center Zones be located locat-ed at least one-half (4) mile from any other shopping center or commercial zone that the area classified in each SC-1 Zone shall be at least four (4) acres. Inasmuch as this zone will usually be surrounded by dwellings, dwell-ings, it is Important that lawn, trees and shrubs be planted and maintained in harmony with the surrounding residential areas. Therefore, the prMlege of providing pro-viding the goocu. and services carries with it a corresponding responsibility to design, construct con-struct and maintain the buildings build-ings and grounds in harmony with residential areas. It is also Important that the area within the Neighborhood Shopping Center Zone SC-1 be actually ac-tually developed as permitted. Otherwise, the surrounding resi-dential resi-dential area will lack the retail services needed for stable neighborhoods. neigh-borhoods. Consequently, assurance assur-ance that development will take place as approved shall be required. re-quired. Also as further assurance assur-ance that the goods and services will be made available as the needs require, dwellings, industries indus-tries and other uses which tend to thwart or discourage the use of the land for retail, commercial and service uses shall be excluded exclud-ed from the SC-1 Neighborhood Shopping Center Zone. In order to accomplish the objectives ob-jectives and purposes of this ordinance, or-dinance, and to stabilize and promote the characteristics of this zone, the following precise regul&tions shall apply in the SC-1 Neighborhood Shopping Center Zone: 6-11-2. Development Plan. Before any territory Is added to the SC-1 Neighborhood Shop-ping Shop-ping Center Zone and before any building or structure is constructed con-structed within said zone, a preliminary pre-liminary development plan shall be submitted to and approved by the Planning Commission in a manner similar to the approval of sub-divisions. Such plan shall show the location of existing and proposed buildings and structures, struc-tures, location of entrances of leading points waste disposal facilities, fa-cilities, curbs driveways, driving lanes, parking lanes, fences walls malls and open spaces and the location and size of any detached de-tached signs. The plan may be amended from time to time in harmony with the provisions of this section, but only after being approved by the Planning Commission. Com-mission. The Planning Com mis-slon mis-slon review and approval of such development plan shall be made with the general purpose in mind of guiding and accomplishing accomplish-ing a coordinated, adjusted and harmonious development in accordance ac-cordance with existing and future fu-ture needs and In accordance with the objectives and characteristics charac-teristics of this zone. In granting approval of a development plan, the Planning Commission shall ..m ,iaii9, protection of property values, preservation of residential amenities amen-ities in the surrounding area, characteristics of the surrounding surround-ing zones, present and future requirements re-quirements for off-street parking, traffic circulation and the relation rela-tion of off-street parking to exits ex-its and entrances to streets and buildings. The Planning Commission may impose conditions that are necessary neces-sary to carry out the purpose of this ordinance and promote the characteristics of the zone. In approving ap-proving a development plan, the Planning Commission may act on plans submitted to it or may act on its own Initiative In preparing pre-paring and approving a development develop-ment plan. Where the parties desire to develop only a part of the SC-1 Zone at any one time, such Information In-formation shall be shown on the development plan. It is hereby declared that any enlargement or extension of the SC-1 Neighborhood Neighbor-hood Shopping Center Zone shall be contingent upon approval of a development plan by the Planning Plan-ning Commission covering the territory to be so enlarged or extended ex-tended and any change or departure de-parture which is subsequently made without first having been approved by the Planning Commission Com-mission shall be deemed to constitute con-stitute a violation of this ordinance. ordin-ance. It bhall be a continuing obligation ob-ligation of the property owner to maintain the offstreet parking, landscaping and other features of the plan as approved and it shall be unlawful for any owner of any building or use to discontinue, discon-tinue, dispense with or change the plan without approval of the Planning Commission. 6 14 . 3. Use Requirements. Uses permitted in the SC-1 Neighborhood Shopping Center Zone shall be limited to those which shall harmonize with the intent of the zone. Accordingly, only the following uses shall be permitted in the SC-1 Zone in accordance ac-cordance with a development plan which has been approved by the Planning Commission. Agriculture. . Bakeries, on site retail only. Barber shops, beauty parlors. Banks and other financial In stitutions. Book and stationery stores. Camera and photo supply shops. Candy, nut and popcorn stores. Clinics, dental and medical, for not more than five (5) professional profes-sional persons. Confectionery stores. Drug Stores, i Dairy products stores. ! Dry goods stores, limited to soft lines only. Dry cleaning and laundry pick-up pick-up agencies and self-service dry cleaning and laundry establishments establish-ments which do not clean clothes from other cleaners or pick-up agencies, provided no noise from dry cleaning operations shall be emitted from such establishment which is discernible beyond the premises. Fences and walls, except that no fence or wall shall be constructed con-structed so as to prevent combining combin-ing of off-street parking facilities as approved by the Planning Commission. Floral shops, excluding nurseries. nurser-ies. Fountains and ice cream par lors (Inside only). Gift shops. Grocery stores. i Hardware stores. I Flxit shops. I Ice pick-up stations. Jewelry stores, including the f repairing of Jewelry, watches and I clocks. I Photograph studios and cam I era shops. I Pressing, altering and repairing f of wearing apparel. I Public and private parking I lots. I Public service buildings such f as fire stations and post offices. I Record shops. I Restaurants, cafes, tearooms. J Service stations containing a I ground floor area of not more I than fifteen hundred ' (1,500) I square feet, provided that stor- I age of products in above ground I tanks in excess of one hundred I (100) gallon capacity shall be I prohibited. Shoe sales and repair shops. Supermarkets. Variety stores. Stores selling a combination of items provided only those items are sold which are commonly sold in the establishments above listed. Accessory uses in buildings or-dinarily or-dinarily pertinent to any of the aforementioned uses. Non-flashing signs advertising services, merchandise or products offered for sale in the building on which the sign is located provided pro-vided such signs are atached to and do not protrude more than four (4) feet beyond the wall of the building to which the sign is attached. Traffic direction signs not to exceed four (4) square feet in area which need not be attached to the building. Other uses similar to the foregoing fore-going which uses are ruled by the Board of Adjustment to be In harmony with the intent of this zone, except that beer or alcoholic al-coholic beverages shall not be sold for consumption on the premises . Manufacturing, processing andor fabrication Bhall be limit" td to products sold at retail on the premises. 6 14 4. Area Requirements. Each single SC-1 Neighborhood Shopping Center Zone shall contain con-tain at least four (4) acres, but not more than ten (10) acres. There shall be no maximum or minimum area requirements for any Individual lot contained within the SC-1 Zone ex-cept ex-cept as required for setback and for off-street parking space. 6 14 5. Width Requirements. Each single SC-1 Neighborhood Shopping Center Zone shall have a width of at least two hundred (200) feet along an abutting street. There shall be no maximum maxi-mum or minimum width requirements require-ments for any Individual building build-ing or lot contained within an SC-1 Zone. 6-14-6. Location Requirements. All buildings and structures shall be located within the zone so as to comply with the development devel-opment plan as approved by the Planning Commission, except that in no case shall buildings be set back less than thirty (30) feet from all streets, and fifteen (15) feet from the exterior boundaries of the SC-1 Zone, (except (ex-cept those formed by streets.) 6 14 -7. Height Requirements. The maximum height of any' building measured from the grade to the square of the building build-ing shall be thirty-five (35) feet. Chimneys, flag poles, television antennas and similar structures shall be excluded In determining determin-ing the height of a building. No minimum height shall be required requir-ed for buildings. 6 14 8. Sise of Building. No requirements. 6 14 9. Special Previsions. 1. Development time. It is Intended that the improvements im-provements as shown on the development de-velopment plan shall be started within a period of twelve (12) months and shall be completed and leady for occupancy within a period of thirty (30) months from the date of zone designation by the City Council. . If actual development does not Continued so toga C-S CEDAR CITY ZONING ORDINANCE Continued from Foe C-4 ocur within the allotted time, the City Council may reclassify Into another zone any and all of the territory covered by the de-velopment de-velopment plan. Assurances that the Improvements indicated on the plan will be made within the time specified must be furnished to the Planning Commission before be-fore and SC-1 Zone can be created creat-ed or expanded. 2. Landscaping. The privilege of providing the services to the residents in the surrounding neighborhood carries car-ries with it a corresponding re- sponsibility to construct and maintain the premises in harmony har-mony with the characteristics of the surrounding zone. There- fore, a landscaped strip of lawn, shrubbery andor trees at least twenty-five (25) feet in width shall be provided and maintained maintain-ed along the entire length of any street within or abutting upon the zone except for permitted driveways in accordance with the development plan as approved by the Planning Commission. A curb or an ornamented masonry wall shall be constructed so as to separate the automobile parking park-ing area from the landscaped ctrtn i 3. Storage. All storage and activities, except ex-cept loading and unloading and automobile parking and refueling refuel-ing and the sale of seasonal items such as Christmas trees, shall be conducted within the building. 4. Maintenance of Premises. No dust, odor, smoke, vibration or intermittent light, glare or noise shall be permitted which is discernible beyond the premises. prem-ises. 5. Offstreet Park'ng Space. All offstreet parking space shall be hardsurfaced No off-street off-street parking shall be located between a street and a building .unless the building is locate J at least sixty (60) feet from the Street Bumper guards shall a' so be provided as required by the Planning Commission so as to protect the landscaping. 6 14 10. See also supplementary supplemen-tary regulations to all zones. 6-15. CC-1 CENTRAL COMMERCIAL ZONE 6-15-1. Objectives and Characteristics Char-acteristics of Zone. The CC-1 Central Commercial Zone has been established as a district in which the primary use of the land is for business purposes. pur-poses. The area covered by this zone is now and It Is intended that it shall continue to be the dominant shopping and financial center of the city and surrounding surround-ing territory. For this reason the zone has been located in the central cen-tral part of the city where the street pattern makes the business busi-ness buildings readily accessible to all parts of the city and surrounding sur-rounding region and where business busi-ness and shopping activities can be carried on with maximum convenience The CC-1 Zone is characterized by wide, clean, well-lighted streets, ample pedestrian pe-destrian ways and . vehicular parking lots for the convenience and safety of the public. Attractive, Attrac-tive, Inviting and well-maintain-fed shops, stores, offices and other buildings are also characteristic of this zone. Representative of the uses in this zone are banks, hotels, office of-fice buildings, theatres, and a wide variety of retail outlets. Conversely, uses which tend to create business dead spots, cause undue scattering of business and generally tend to thwart the use of the land for its primary purpose pur-pose have been excluded from this zone. In order to accomplish the objectives ob-jectives and purposes of this ordinance or-dinance and to promote the char-acteristics char-acteristics of this zone, the following fol-lowing regulations shall apply in the CC-1 Zone, Central Commercial Commer-cial Zone. 6 15 2. Use Regulations. The following uses shall be permitted in the CC-1 Central Commercial Zone: Any use permitted in the SC-1 Zone. Air conditioning service establishments. estab-lishments. Appliance stores. Antique shops. Automobile supply shops and service stations. Amusement enterprises, roller coasters, penny arcades, carousels, carou-sels, playgrounds, swimming pools. Apartment houses. Assembly of appliances from previously prepared parts. Auto painting. Auction houses. ' Bakeries (wholesale). Boarding houses. Beer parlors. Bottling or soft drinks (except beer). Bicycle sales and repair shops. Broadcasting studios. Building supply stores, except material sales yards and accessory acces-sory storage buildings. Catering services (food). . Clubs and fraternal societies. Canvas products sales and fabrication fab-rication (on sight, retail only). Dwellings. Engraving, printing. Funeral establishments. Garages. . Laundries. Offices and office buildings. Parking lots. Pawn shops. Signs . billboards. Tourist courts. Manufacturing and assembling of material and products provided: provid-ed: a. All activities are carried on within a building. b. ISo noise, glare, smoke, fumes, dust, vibration or odor shall be emitted which is discernible discern-ible beyond the premises. c. All of the area within the lot not devoted to buildings and off-street off-street parking shall be maintained maintain-ed in harmony with the characteristics charact-eristics of this zone. Other uses similar to the foregoing fore-going uses which are ruled -by the Board of Adjustment to be in harmony with the intent of this zone. ' 6 15 3. Area. Frontage. Location. Loca-tion. Height and Six Requirements. Require-ments. There shall be no area, frontage, front-age, location, height, and size requirements for commercial buildings and structures constructed con-structed in accordance with the Building Code, except for gasoline gaso-line pumps and off-street parking park-ing requirements. For buildings arranged, intended, in-tended, or designed primarily for residential use, area, frontage, location, height, and size requirements require-ments shall be the same as for dwellings in the R-3 Zone, except ex-cept that no requirements shall apply to dwellings located above the ground floor when said ground floor Is devoted exclusively exclu-sively to a commercial use permitted per-mitted in the zone. 6 15 4. Special Provisions. i 1. All off si- t parking space shall be hardsurfaced. 2. All merchandise, equipment, and other materials (except for seasonsal items on a temporary basis such as nursery stock and except for vehicles in running order) shall be stored within an enclosed building or within a sight obscuring enclosure. 3. No dust, odor, smoke, vibrations, vibra-tions, or intermittent light, glare, or noise shall be emitted which is discernible beyond the premises. prem-ises. 6 -15 5. See also Supplementary Regulations in all Zones. 6-16. CC-1 GENERAL COMMERCIAL ZONE 6 16 1. Objectives and Char, acteristics of Zone. This zone has been established as a district in which the primary pri-mary use of land is for general commercial and residential uses. The objective in establishing the zone is to allow a wide choice of site locations, to provide a place where dwellings can be located close to shops, stores and industrial indus-trial enterprises, and to prevent the intermittent scattering of commercial and industrial uses Into surrounding residential zones. This zone Is characterized by a mixture of dwellings, businesses, warehouses, crafts hops, and manufacturing and Industrial en- tablishments. Since the zone permits per-mits such a wide variety of uses, owners and developers of property proper-ty should bear in miad that many of the protective features which zoning normally affords are largely non-existent and should develop and maintain their property In recognition thereof. Representation of the uses in this zone are retail establishments, establish-ments, warehouses, plumbing, carpenter, and other craft shops, dwellings and Incidental manufacturing manu-facturing fabrication and processing. pro-cessing. In order to accomplish the objectives ob-jectives and purposes of this ordinance or-dinance and to promote the characteristics char-acteristics of this zone, the following fol-lowing regulations shall 'apply In the GC-1 General Commercial Zone: 6 16 2. Us Requirements. The following uses shall be permitted in the GC-1 General Commercial Zone: Any use permitted In the SC-1 and CC-1 Zones, except beer parlors. par-lors. Assembly of appliances from previously prepared parts. Boat Building and storage. Blacksmith shop. Building materials sales yards and storage buildings. Carpenter and woodwork shops. Castings, light weight and non-ferrous (no noxious fumes). Circuses and carnivals. Coal yard. Cold storage plant, freezing plant Concrete burial vault establishments. estab-lishments. Creameries. Electric sign shops, sign painting. paint-ing. Express storage and delivery stations. Farm equipment and heavy machinery sales establishments. Feed processing and sales. Food preparations, including retailing of product on premises. Freezing plants, including Ice manufacturing and storage. Fruit stands (temporary). Fuel, gas, and oil storage (when approved by Fire Department). Fruit and vegetable packing plants, with or without cold storage. stor-age. Furniture stcres (wholesale). Golf courses (miniature). i Lumber yards. Machine shops. Manufacturing, compounding, processing, packaging of: cloth, clothing, cosmetics, food, drugs, pharmaceuticals, small mechanical mechan-ical devices, toys, office machine equipment instruments, small motors, stamping devices, aluminum alum-inum windows, heating ducts, mattresses, paper products and signs. Metal fabrication (light sheet metal ducts, gutters, leaders). Nurseries (plants). Petroleum (wholesale) storage and distribution when approved by the Fire Department Plumbing shops. Railroad spurs and dock facilities. facil-ities. Sheet metal shops. Tinsmith. Tourist courts. Trailer courts. Upholstery shops. Trade and vocational schools. Wholesale and warehouse establishments. Other similar uses as permitted permit-ted by the Board of Adjustment provided that such other uses are not inconsistent with the objectives objec-tives and characteristics of the zone. 6 - 16 3. Area width, location. Height and Sis Requlrments. There shall be no area, front-age, front-age, location, height, and size requirements for commercial buildings and structures constructed con-structed in accordance with the Building Code, except for gasoline gaso-line pumps. For buildings arranged, intended, in-tended, or designed for residential residen-tial use, area, frontage, location, height and size requirements shall be the same as for dwellings dwell-ings In the R-2 Residential Zone. 6 16 4. Special Provisions. A. All storage except vehicles in running order shall be enclosed enclos-ed within a building or within a wall or metal fence of at least six (6) feet in height B. Lots shall be kept free from refuse and debris. 6 16 5. See also Supplementary Supplemen-tary Regulations to all zones. 6-17. HS-1 HIGHWAY SERVICE ZONE 6 . 17 1. Objectives and Char-acteristics Char-acteristics of Zone. The HS-1 Highway Service Zone has been established as a district in which the primary use of the land is for establishments which serve the traveling public. This zone has therefore been situated sit-uated at appropriate locations adjacent to major highways. The objective in establishing the HS-1 Zone is to (1) promote safety safe-ty on the highways; (2) protect the interests of the public In maintaining unobstructed use of the highway right-of-way: (3) promote the beauty and appearances appear-ances of the landscape; (4) promote pro-mote the convenience of the traveling public; (5) encourage establishments which will provide pro-vide essential services to the traveling public to locate In the zone; (6) discourage any use which, because of its character or nature, would thwart the use or tne land lor its primary purpose. pur-pose. This zone is characterized by attractive highway commercial and service buildings situated In restful, landscaped settings surrounded by expansive lawns, well-maintained trees, shrubs, and other plantings, and open offstreet parking areas. Representative Repre-sentative of the uses in this zone are motels, cafes, tourist courts and trailer courts. In order to accomplish the objectives ob-jectives and purposes of this ordinance or-dinance and to stabilize and protect pro-tect the essential characteristics of this zone, the following regulations regu-lations shall apply In the HS-1 Highway Service Zone: 6 17 2. Dm Requirements. The following uses shall be permitted in the HS-1 Highway Service Zone: Agriculture and the incidental pasturing of animals. Cafes, retaurants. Caretakers' dwellings. Drive-ins. Golf driving ranges. Filling stations, with and without facilities for doing minor mechanical repair work such as front end alignment work, tire balancing work, tire and tube repairing re-pairing and car washing, but not a garage or body and fender shop. MoMs, trailer courts. Signs advertising services performed per-formed within the building and signs designating the name of the building when set back not less than thirty (30) feet from streets. Theatres (drlve-in). 6 17- 3. Area Requirements. No requirements. 6 17 . 4. Width Requirements. No requirements. 6 17 5. Location Requirements. No side setback shall be required re-quired for buildings having fire-resistive fire-resistive walls in compliance with the Building Code, except that all buildings shall be set back at least twenty-five (25) feet from streets. For non-fire-reslstlve buildings, build-ings, regulations as contained In the Building Code shall apply, except that all buildings shall be set back at east twenty-five (25) feet from streets. 6-17-6. Height Requirements. No requirements. 6 17 7. SUe of Building. No requirements. 6 17 8. Special Provisions. A. Setback Space. Space resulting from setback requirements shall not be used for offstreet parking, loading, or unloading space or for the erection erec-tion of signs. B. Landscaping. Lawns, shrubs, and other landscape land-scape features shall be provided and maintained wilhin the required re-quired setback, except for permitted per-mitted driveways. C. Storage. All storage except vehicles In running order shall be enclosed within a building or within a masonary wall at least six (6) feet in height. D. Maintenance of Premises. The entire lot shall be kept free from refuse, debris, and waste material, and all such refuse, re-fuse, debris and waste materials shall be kept in approved containers. con-tainers. 6-17-9. See also Supplementary Supplement-ary Regulations to all Zones. 6-18. I4M-1 INDUSTRIAL AND MANUFACTURING ZONE 6-18-1. Objectives and Characteristics Char-acteristics of Zone. The I&M-l Zone has been established as a district In which the primary use of the land Is manufacturing, fabricating, pro-ccss'r.j pro-ccss'r.j and warehousing establishments. estab-lishments. This zone is characterized charact-erized by flat open land peculiarly pecu-liarly suited for Industrial uses because of the proximity to railroad rail-road tracks and streets and the availability of utlltles necessary for successful industrial use. While much of the land within this zone is currently being devoted de-voted to agriculture and other open land uses, it is intended that manufacturing and industrial indus-trial uses shall be directed into this zone as the needs arise. Representative Re-presentative of the uses within this zone are manufacturing and fabrication and processing, storage stor-age warehousing, and wholesale distribution and railroad trackage, track-age, switch yards and terminal facilities and dwellings situated on small farm tracts. Uses which give rise to excessive noise, vibration, vi-bration, smoke, odor, dust, fumes or danger of explosion have been excluded from this zone. As a means of attracting manufacturing manufac-turing and industrial establishments establish-ments into this zone, certain regulations reg-ulations concerning the external appearance of buildings and structures and the maintenance and use of land, have been adopted. Also subdivisions and dwellings on small lots along with other uses which tend to thwart or prevent the use of the land for its primary purposes have been excluded from this zone. In order to accomplish the objectives ob-jectives and purposes of this ordinance or-dinance and to encourage the most appropriate use of land within this zone, the following regulations shall apply In the IAM-1 Industrial and Manufacturing Manufac-turing Zone. 6-18-2. Uh Requirements. The following uses shall bp permitted in the IAM1 Zone: Any use permitted In the SC-1 Zone and in the CC-1 and GC-1 Zones, except beer parlors. Dwellings are nlso specifically excluded except as herein qualified. qual-ified. Airports. Animals, animal hospitals, including in-cluding outside runs, fowl. Asphalt-mixing plants equipped equip-ped and maintained with standard stand-ard dust-catching facilities. Barns, stables and corrals. Bolt threading. Breweries. Canning and preserving establishments. estab-lishments. Chicken hatcheries. Caretakers' dwellings, provided the dwelling Is incidental to the use of the land for industrial or manufacturing purposes and is located on the same parcel of land as said Industrial or manufacturing manu-facturing use. Cesspool cleaning equipment storage. Dairy farms. Die casting, foundry. Dwellings one-family when located on a lot of at least five (5) acres. Enameling, papering, Japanning, Japan-ning, lacquering and plating of metals. Farm buildings, fowL Flxlt shops. Freight classification yards. Fuel, gas and oil storage (underground (un-derground and above ground) when approved by the fire chief. Fur farms. Golf courses (miniature). Galvanizing. Grain elevators. Hogs (under 20 head) when approved by the Board of Health. Iron works. House wrecking yards. Junk yards and scrap storage yards. Kennels. Livestock (under 20 head) when approved by the Board of Health. Livestock feed processing and storage. Machine shops (general). Meat processing for human consumption (excluding slaughtering). slaught-ering). . i Metal fabrication. Manufacturing, compounding, assembling, and treating of acetylene ace-tylene gas aircraft, automobile, asbestos, brick and tile, cans, carpets, concerte block and pipe, chemicals (except explosive chemicals), clay products, disinfectants, disin-fectants, emery cloth, feathers, fibers, leather, metal tanks, pipe, plastics, paints, textiles, wood, machinery. Metal fabrication, forgings, casting, rolling, structural shapes, boiler and tank works, motor sales and repair. Millworking. Nurseries (plants). Plumbing shops. Poultry killing and dressing, when approved by the Board of Health. Power plants (diesel). Rock crushers. Sawmills. Other uses ruled by the Board of Adjustment to be similar to the foregoing uses, provided such uses are not inconsistent with the objectives and characteristics characteris-tics of this zone. 6-18-3. Area Requirements. No requirements, except that an area sufficient to accommodate accommo-date setback, offtstreet parking, loading and unloading, and vehicular ve-hicular access shall be provided and maintained. 6 - 18 4. Width Requirements. No requirements. 6-18-5. Location Requirements. There shall be no location requirements re-quirements for commercial or industrial in-dustrial buildings except as required re-quired by the Building Code, provided pro-vided that all buildings and structures shall have a front setback set-back and a side setback which abut upon a street of at least twenty (20) feet. For dwellings the location regulations shall be the same as in the R 3 Zone. 6-18-6. Height of Buildings. No requirements. 6-18-7. Siie of Buildups. No requirements. 6-18-8. Special Provisions. 1. The required yard between a street and a building shall riot be used for automobile parking or for storage purposes, where-ever where-ever a building Is located less than sixty (60) feet back from the street 2. Adequate sanitary facilities shall be provided subject to standards required by the Board of Health. 6-18-9. See also Supplementary Supplemen-tary Regulations to all zones. 6-19. SUPPLEMENTARY REGULATIONS 6 19 1. Effect of Supplementary Supplemen-tary Regulations. The regulations set forth In this section qualify or supplement, supple-ment, as the case may be, the zone regulations appearing elsewhere else-where in this ordinance. 6-19-2. Yard Space for One Building Only. No required yard or other open space around an existing building, build-ing, or which is hereafter provided pro-vided around any building, for the purpose of complying with the provision 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 con-sidered as providing the yard or Cpu myaCi Oil uie iui whereon a building is to be erected .or established. 6-19-3. Every dwelling to be orKa -Lor. Every dwelling shall be located locat-ed and maintained on a lot as defined In this ordinance, except for dwelling groups (planned) as herein provided. 6-19-4. Sale or Leas of Required Re-quired Space. No space needed to meet the width, yard, area, coverage, parking, park-ing, or other requirements of this ordinance for a lot or building may be sold or leased apart from such lot or building unless other space so complying is provided. 6-19-5. Sale of Lots Below Mln-imum Mln-imum Space Requirements Prohibited. No parcel of land which has less than the minimum width and area requirements for the zone in which it Is located may be cut off from a large parcel of land for the purpose, whether Immediate or future, of building or devlopment as a lot except by permit from the Board of Adjustment. Adjust-ment. 6-19-6. Yards to be Unobstructed; Unobstruct-ed; Exceptions. Every part of a required yard shall be open to the sky and unobstructed un-obstructed except for permitted accessory buildings and for projection pro-jection of sills, belt courses, cornices, cor-nices, and other ornamental features fea-tures and unenclosed steps and unwalled stoops, porches, and carports provided that all buildings build-ings or parts thereof shall be at least twenty (20) feet from the front property line. 6-19-7. Storage of Commercial Vehicles In Residental Zone Prohibited. The commercial storage of automobiles and the storage of construction equipment such as bulldozers, graders, cement mixers, mix-ers, compressors, dump trucks, etc., shall not be permitted on any lot In any Residential Zone provided that construction equip, ment may be stored on a lot during construction of a building build-ing thereon, but not to exceed one year. 6-19-8. Additional Height Allowed Al-lowed For Public Buildings. Public buildings, public utility buildings, and churches may be erected to any height provided the building Is set back from required re-quired building setback lines a distance of at least one (1) foot for each additional foot or building build-ing height above the maximum height . otherwise permitted In the zone in which the building Is located. 6-19-9. Minimum Height of Main Buildings. No dwelling shall be erected which has a ceiling height of less than eight (8) feet above grade. 6 - 19 . 10. Maximum Height of Accessory Buildings. The height of buildings which are accessory to a one-family, two-family, three-family, or four-family four-family dwelling shall not exceed one story from grade to the square of the building, or sixteen six-teen (16) feet, whichever is greater. 6-19-11. Clear View of Inter-sectlng Inter-sectlng Streets. In all zones which require a front yard, no obstruction which will obscure the view of automobile auto-mobile drivers shall be placed on any corner lot within a triangular triangu-lar area formed by the street property lines and a line connecting con-necting them at points thirty-five thirty-five (35) feet from the intersection intersec-tion of the street lines. 6-19-12. Fences. In all residential zones no fe;wtr, wall, or hedge, exceeding thirty (30) inches in height shall be constructed or permitted permit-ted to remain within a front yard or within a side yard which faces on a street. 6 19 - 13. Effect of Street Plan. Wherever a front or side yard is required for a building abutting abut-ting on a proposed street which has not been constructed but which has been designated by the Planning Commission as a future street, the depth of such front or side yard shall be measured mea-sured from the planned street line. 6 19 14. Dwelling Sites to Have Frontage en a Deeded Street At least one side of each lot used as a dwelling site shall abut upon a street which has been deeded or dedicated to the public for street purposes and the length of such abutting side measured at the setback line shall be at least as great as the width required for dwelling sites In the zone in which such building build-ing site is located except as may be approved by the Board of Adjustment Ad-justment 6 19 15. Exceptions to Front and Side Setback Rejulrements. The setback from the street for any dwelling located between two existing dwellings in any Residential Zone may be the same as the average for said two existing dwellings, provided the existing dwellings are on one side of the street ,and are located locat-ed within one hundred twenty (120) feet of each other. 6 19 16. Flood Channels and Water Courses. No building or structure shall be constructed within a natural flood channel as shown on the plan of flood drainage adopted by the Cedar City Planning Com-rriissiuii. Com-rriissiuii. All applications ior permits per-mits to construct buildings within with-in seventy-five (75) feet from the banks of such natural flood channels shall be submitted to the Board of Adjustment. The Board of Adjustment shall not grant such a permit for a building build-ing or structure unless and until un-til adequate measures are taken to prevent damage due to floods. 6 - 19 17. Swimming Pools. Swimming Pools not completely complete-ly enclosed within a building having solid walls shall be set back at least five (5) feet from property lines and shall be completely com-pletely surrounded by a fence or wall having a height of at least four (4) feet There shall be no openings larger than thirty-six thirty-six (36) square inches except for gates which shall be equipped with self-closing and self-latching devices. (See 6-19-12.) 6 - 19 18. Concessions In Publie Parhs and Playgrounds. Concessions, including but not limited to amusement devices, recreational buildings, and refreshment re-freshment stands, shall be permitted per-mitted on a public park or playground play-ground when approved by the Board of Adjustment 6 19 19. Land Previously Subdivided. Sub-divided. The requirements of this ordl-nace ordl-nace as to area and width shall not be construed to prevent the use for a one-family dwelling of any lot or parcel of land In any district In which dwellings are permitted, in the event that such a lt or parcel of land was of record at the time this, ordinance became effective, provided that any lot that was Illegal at the time of the passage of this ordinance ordi-nance shall continue to be Illegal and unauthorized unless expressly express-ly permitted by the terms of this ordinance. 6-19-20. Prohibitions. Uses of land which are not expressly ex-pressly permitted within a zone are expressly prohibited therein, except that properties and land owned by the State of Utah shall be subject only to the provisions of 10-9-21 Utah Code annotated 1953, and except that the provisions provi-sions of this ordinance shall not apply to properties owned by the United States Government Any person, firm or corporation who may obtain State or Federal properties pro-perties by purchase, lease oi other arrangement shall utilize such properties in accordance with the provisions of this ordinance. ordi-nance. 6-19-21. Health Department Approval Required for Rest Homes. Etc. Rest homes, nurseries, foster care homes, and similar uses shall be approved by the State Department of Health, as evidenced evid-enced by a letter of approval from said State Department of Health, before a permit therefor shall be issued by the Building Inspector. REQUIRED PARKING AND LOADING AREAS 6-19-22. Parking Facilities Re-Quired Re-Quired for New Uses. Any building or structure erected or located after the effective ef-fective date of this ordinance or any subsequent amendments thereto, shall be required to provide pro-vide off-street parking and loading load-ing facilities in accordance with the provisions of this Ordinance. a. Parking Facilities Required for Chanae of Use or Chang of Occupancy. Vvuciicer the existing use of a structure or the existing use of land is changed to another use or another occunancy. park ing ana ioaa ncuiues uuui m provided as required uy ims Ordinance. Or-dinance. b. Parking Facilities Required for More Intensive Us. When the Intensity of use of any building, structure or premises prem-ises shall be increased through the addition of dwelling units, floor area, seating capacity or other units of measurement specified spe-cified in this Part, the additional required parking and loading facilities for such Increase shall be provided. c Parking and Loading Facilities. Facili-ties. Non-Conforming. Any use of property which, on the effective date df this Ordinance Ordi-nance or of any subsequent amendment thereto, is nonconforming noncon-forming only as to the regula- ' tlons relating to off-street parking park-ing and loading facilities may be continued in the same manner as if the parking and loading facilities were conforming. However, How-ever, such parking and loading facilities as do exist shall not be further reduced. d. Permlsslv Parking and Loading Facilities. Nothing in this Orldnance shall be deemed to prevent the voluntary establishment of offstreet off-street parking or loading facilities facili-ties in excess of those required by this Orldnance, provided that all regulations herein governing the location, design and operation opera-tion of such facilities are adhered ad-hered to. . .Parking Space Required. The number of off-street park- Ing spaces required for each use shall be no less than the number num-ber set forth herein. f. Required Parking. Residential Residen-tial Uses. One family dwellings: One space for each dwelling. Two, three and four-family dwellings: One and one-half (14 1 snacea for each Hiw-lllnj unit. " Multiple dwelling: One and one-half (1H) spaces for each dwelling unit Rest home: One (1) for each five (5) patient beds and also one (1) for each two (2) employees. em-ployees. Rooming houte, dormitory, fraternity fra-ternity house and sorority house: One (1) parking space for each sleeping room or one parking space tor each 100 square feet of floor area used for sleeping purposes whichever is greater. Trailer Parks: One and one-fourth one-fourth (1U) spaces for each trailer space. g. Required Parking, Commercial Commer-cial Uses. Automobile and machinery sales: One (1) for each seven hundred fifty (750) square feet of floor area. Banks: One (1) for each three hundred (300) square feet of floor area. Bowling alleys: Five (5) for each alley. Additional perking spaces for balance of building caluculated according to use. Cafes, cafeterias, restaurant!, bars, night clubs and other similar sim-ilar places dispersing food or refreshments: re-freshments: One (1) for each five '5) fixed seats or for every thirty-five thirty-five (35) square feet of seating area where there are no fixed seats plus one (1) parking space for each two (2) employees on the largest shift, whichever is greater. Dance halls and skating rinks: One (1) for each five (5) fixed seats or for every thirty-five (35) square feet of seating area where there are no fixed seats, plus one (1) parking space for each thirty-five (35) square feet of floor area used for dancing or skating. Furniture sales and repair, major ma-jor household appliance sales and repair: One (1) for each six hundred (600) square feet of floor area or one (1) for each two (2) employees, whichever is greater. Hotels and motels: One (1) for each living or sleeping unit plus one (1) for each two (2) em-plovees em-plovees on the largest shift Medical and dental clinics and Continued on Pag C-t CEDAR CITY ZONING ORDINANCE I Continue dfrem Fag C-5 offices: Five (5) for each doctor or dentist. Mortuary and Funeral home: One (1) for each five (5) fixed seats of all areas used simultaneously simultan-eously for assembly purpores or for each thirty-five (35) square feet of floor sparo used for such assembly purposes. Also one (1) for each vehicle used in connection connec-tion with the use. Professional, business or administrative ad-ministrative office (excluding medical and dental): One (1) for each six hundred (600) square feet of floor area in office space or one (1) for each two (2) employees, em-ployees, whichever is greater. Open air commercial uses, such as nurseries and used car lots: One (1) for each two thousand thous-and (2000) square feet of lot area devoted to sales and display, or one (1) for each two (2) em-ployees. em-ployees. whichever is greater. Plumbing, heating and electrical elec-trical shops: One (1) for each six hundred (600) square feet of floor area or one (1) for each two (2) employees, whichever is greater. Also one (1) for each .vehicle used in connection wlih the use. Retail establishments otherwise other-wise not enumerated In this section, sec-tion, such as drug stores, department de-partment stores, repair shops, animal hospitals, business school, dar.ee studios: One (1 for each six hundred (600) square feet of building floor area, except area devoted exclusively ex-clusively to warehousing or stor age, or one (l) tor eacn two z employees, whichever is greater. Theaters, auditoriums, stadiums, sta-diums, sports arenas, gymnasiums: gymna-siums: One (1) for each five (5) fixed seats or one (1) for every thirty-five (35) square feet of seating area where there are no fixed seats. Also one (1) for each six hundred (600) square feet of floor area not used for eating. h. Required Parking, Industrial Uses. Industrial uses: One (1) for each two (2) employees in the . maximum working shift or one (1) space for each five hundred (500) square feet of floor area, whichever is greater, plus one (1) for each vehicle used in connection with the use. L. Required Parking, Other Uses. Churches, clubs, lodges, fraternal fra-ternal organizations, social halls, assembly halls: One (1) for each five (5) fixed seats in all areas used simultaneously for assembly assem-bly purpoes or one (1) for each thirty-five (35) square feet of floor space used for such assembly as-sembly purposes. Governmental buildings designed de-signed for a public use not otherwise other-wise enumerated in this Section, such as public libraries: One (1) for each six hundred (600) square feet of floor area. Governmental buildings not frequently visited by the public, such as fire stations: One (1) for each six hundred (600) square feet of floor space. Hospitals and Sanitariums: One and one-half (1H) spaces for each patient bed. Public utility facilities, including includ-ing electrical substations, telephone tele-phone exchange r!5!r.tenir.cc and storage facilities: One (1) for . each six hundred (600) square feet of office space or work area within a structure or one (1) space for each two (2) employees on the largest shift, whichever Is greater. Also one (1) for each vehicle used In connection con-nection with the use. No require- menu for facilities which are normally unattended by employees, em-ployees, exsept for occasional maintenance. Public or private elementary and Junior high schools: Five (5) spaces plus one (1) space for each class room. Public or private high schools: Oen (1) for each ten (10) students, stu-dents, plus one (1) for each classroom. J. Required Parking, Uses Not Mentioned. The required off-street parking for any building, structure or use of land of a type which is not listed in this Part shall be determined deter-mined by the Board of Adjustment. Adjust-ment. The Board of Adjustment shall be guided as much as possible pos-sible by comparison with similar uses which are listed. k. Location and Control of Parking Facilities. The off-street parking facilities required by this Ordinance shall be located on the same lot or parcel of land as the use they are intended to serve, except that In cases of practical difficulty, diffi-culty, the Board of Adjustment may approve a substitute location loca-tion which meets the following conditions: 1. That all or part of substitute location is within four hundred (400) feet from the principal use for Which the parking Is be!n provided. Said distance shall be measured as walking distance along a public street or sidewalk. 2. That the substitute lot is In the same possession as the use it Is Intended to serve. Such possession pos-session may be by deed or long term lease, the terms of which meet the approval of tha Cedar City Board of Adjustment The present and future owners of tha substitute lot shall be bound by covenants filed In the office of the County Recorder, requiring such owner to maintain the required re-quired number of parking spaces for the duration of the use served. serv-ed. 1. Computation of Required Parking Spaces. For the purpose of computing off-street parking spaces which are required by this Ordnance, the following rules shall apply: 1. Floor area shall mean gross foor area, unless otherwise specified spe-cified for a particular use. 2. In stadiums, sports arenas, churches and other places of assembly as-sembly In which benches or pews are used in place of seats, each eighteen (18) Inches of length of such benches or pews shall be counted as one (1) seat 3. When determination of the number of off-street parking spaces results In a requirement of a fractional space, any fraction frac-tion of less than one-half (H) may be disregarded while a fraction of one-half (V4) or more shall be counted as one (1) required re-quired parking space. m. ConaUned Parking Areas. The required off-street parking and loading facilities may be provided collectively for two (2) or more buildings or uses, provided pro-vided that the total number of parking spaces shall be not less than the sum of the requirements require-ments for each of the individual uses, and provided that all other requirements of this Ordinance are met. n. Mixed Uses. in tne event mat two (2) or more uses occupy the same building, lot or parcel of land, the total requirements for off-street off-street parking and off-street loading spaces shall be the sum of the requirements of the various var-ious uses computed separately. 0. Sis of Parking Spaces. Each off-street parking space shall have dimensions not less than nine (9) feet in width and .wenty (20) feet in length, except ex-cept that Industrial employee parking may be eight and one-half one-half (814) feet In width and nineteen (19) feet In length. No part of the area of a required arklng space shall be used for driveways, aisles or other required re-quired improvements. p. Access to Parking Facilities. Access driveways shall be provided pro-vided for Ingress to and egress from all parking and loading facilities. Each parking and loading load-ing space shall be easily access-ble access-ble to the Intended user. The width of driveway entrances and exits from a public street shall be measured at the property line and shall comply with the following fol-lowing standards unless specific exemptions are made by the Board of Adjustment for exceptional excep-tional circumstances. Residential Uses: Minimum driveway width 10 feet. Maximum driveway width 20 feet. All Other Uses: Minimum driveway width for single land entrances and exits 14 feet. Minimum driveway width for combined entrance or exits 26 feet. Maxlmuia driveway width 30 feet q. Other Access Requirements. The following additional requirements re-quirements shall govern acccrj to off-street parking facilities: 1. Forward travel to and from parking facilities from a dedicated dedi-cated street or alley is required for all uses except residential The parking area shall be adequate ade-quate to facilitate the turning of vehicles to permit forward travel upon entering a street 2. All uses which adjoin a major ma-jor or secondary highway shall, wherever possible, have access by way of a service road or alley. al-ley. 3. The access to all off-street parking facilities shall be designed de-signed in a manner which will not Interfere with the movement of traffic. 4. Access driveways across side walks or pedestrian ways shall be deigned in such a manner as to promote pedestrian safety. r. Circulation Within a Parking Park-ing Area. The circulation within a parking park-ing area shall comply with the following requirements. 1. Minimum aisle widths shall be provided in accordance with the angle of the parking spaces they serve. 30 dog. Parking . 12 feet. 45 deg. Parking 12 feet. 60 deg. Parking IS feet. 90 deg. Parking 24 feet. Other Isle widths shall be determined de-termined by interpolation from the above minimum requirements. require-ments. 2. Circulation within a parking park-ing area with more than one (1) aisle must be such that a car need not enter the street to reach another aisle within the same parking area. 3. Direcional signs shall be required re-quired to differentiate between entrance and xlt access points to the street a. Location of Parking Facilities Facili-ties Restricted. The location of parking and loading facilities shall comply with the following: 1. In the Residential, Residen tial Agricultural, SC I Neighborhood Neighbor-hood Shopping Center and IIS-1 Highway Service Zones parking shall not be permitted in the required re-quired front yard. On a corner lot or through lot parking shall not be permitted In the required yards adjoining either street Parking may be permitted in other required side and rear yards In the residential zones, providing all other requirements of this Ordinance are met. 2. In the Commercial and Industrial In-dustrial zones the required yard areas may be used for parking, except between a building and a street when said building is less than sixty (60) feet from the street. 3. No part of any parking area for more than five (5) vehicles shall be closer than ten (10) feet t oany residence, school, hospital or other institution for human care located on an adjoining lot, unless screened by a masonary wall or hedge not less than four (4) feet In height t Development and Maintenance Mainten-ance of Parking Areas. Every parcel of land hereafter used as a public or private parking park-ing area, including a commercial parking lot and a vrhlcle sales area, shall be developed and maintained In good condition and In accordance with the provision pro-vision of this ordinance. u. Lighting of Parking Areas. Any lighting used to Illuminate Illumin-ate off-street parking facilities or vehicle eales areas shall be so arranged as to reflect the light away from the adjoining premises prem-ises in any residential zone. Limitation on Us of Re-quired Re-quired Parking Area. Required parking area shall be used exclusively for vehicle parking in conjunction with a permitted use and shall not be reduced or encroached upon In any manner, except that they may be used for special events. The parking facilities shall be so designed and maintained as not to constitute a nuisance at any time, and shall be used In such a mann. i that no hazard to persons or property, or unreasonable un-reasonable Impediment to traffic traf-fic will result w. Continuing Obligation. The required off-street parking and loading facilities shall be a continuing obligation of the property pro-perty owner so long as the use requlrelng vehicle parking or vehicle ve-hicle loading facilities continues. It shall be unlawful for an owner own-er of any building or use to discontinue dis-continue or dispense with the required re-quired vehicle parking or loading facilities without providing other vehicle parking or loading area which meets the requirements of this Ordinance. x. Plot Plan Approval Required. At the time a Building Permit is requested for any building or structure, or at the time a new use of land which would require off-street parking is established, a plot plan shall be submitted showing the proposed development develop-ment of the property Including the layout and development of the parking and loading facilities. facili-ties. All parking arvl loading spaces shall be designated as well as the access aisles and other Improvement. The Building Inspector may disapprove disap-prove such plans if he finds they are inconsistent with the re- qiltromont; c J..1; Ordinance. y. Required Off-Street Loading Space. One (1) off -street loading space shall be provided and maintained on the same lot with every building or separate oc cupancy thereof having a gross floor area of ten thousand (10.000) square feet or more which requires the receipt or distribution dis-tribution of goods, material, merchandise or supplies by vehicle. ve-hicle. One (1) additional loading space shall be provided for each additional twenty-thousand (20,-000) (20,-000) square feet of gross floor area of such building or for each vehicle which must be loaded or unloaded at the same time, whichever requirement Is great- Each required off-street loading load-ing space shall be not less taan ten (10) feet In width, twenty-five twenty-five (25) feet In length, and fourteen four-teen (14) feet in height 6 - 19 23. Parking Space for Dwellings, Apartment Houses and Multiple Dwellings. In all zones (except those in which dwellngs are not permitted) permit-ted) space for parking of automobiles auto-mobiles for dwelling units shall either be enclosed In a garage or car port, or sufficient yards must surround the parking space so that an automobile can be enclosed en-closed In a building or carport having yards which will comply with the requirements set forth In this ordinance. Such parking space shall be located on the seme lot as the building. 6 . 19 21. Motor V.hlcl Access. a. Business Requiring Access. Service stations, roadside stands, public parking lots, and all other businesses requiring motor vehicle access by the public pub-lic shall meet the requirements as hereinafter provided. b, Roadways and Curbs Access to the station or the structure or the parking lot shall be controlled as follows: 1 Access shall be by not more than two driveways from any one street 1 2. Driveways shall not be closer to each other than twelve (12) feet and no driveway shall be closer to a side lot line than three (3) feet 3. Each driveway shall not be more than thirty (30) feet in width measured at right angles to the center line of the driveway, drive-way, except as Increased by permissible per-missible curb-return radii. 4. On corner lots no driveway shall be closer than fifteen (15) feet to the point of Intersection of the front property line with the side property line which abuts upon a street No driveway shall be located across any curved curv-ed section of frontage lying between be-tween said point of intersection and point of tangency. 5. In all cases where there Is an existing curb and gutter and sidewalk on the street, all curb cuts and driveways shall hereafter here-after be made In accordance with these regulations. 6. Where there Is no existing curb and gutter or sidewalk, a curb or fence shall be installed in accordance with these requirements require-ments as directed by the City Engineer. 6-19-25. Location of Gasollno Pumps. Gasoline pump Islands shall be set back not less than eighteen eigh-teen (18) feet from any street line to which the pump island Is vertical and twelve (12) feet from any street line to which the pump island is parallel and not less than twelve (12) feet from any residential zone boundary line. If the pump island is set in an angle on the property, it shall be so 1'ted that automobiles automo-biles stopped for service will not extend over the property line. In no case shall pumps be set closer than twelve (12) feet from any street line, nor closer than ten (10) feet from any lde or rear property line. . 6 19 26. Landscaping. Purpose. The purpose of the landcap-Ing landcap-Ing requirements in this Ordinance Ordi-nance shall be to enhance, conserve con-serve and stabilize property values val-ues by encouraging pleasant and attractive surroundings In all zones of the City and thus create the necessary atmosphere for the orderly development of a uniformly pleasant community. Landscaping also contributes to the relief of heat noise and glare through the proper placement of green plants and trees. 1. Landscaping Defined. Landscaping shall mean some combination of planted trees, shrubs, vines, ground cover, flow-era flow-era or lawns. In addition the combination or design may include in-clude rock 'and such structural features as fountains, pools, art works, screens, walls, fences, or benches, but such objects alone shall not meet the requirements of this Ordinance. The selected combination of objects for landscaping land-scaping purposes shall be arranged ar-ranged in a harmonius manner. 2. Scop of Requirements. Where landscaping Is required such landscaping shall comply with the requirements set forth in this Odd a nee for the specific use or location. 3. Maintenance.. Required landscaped areas shall be maintained In a neat clean, orderly, and healthful condition. con-dition. This is meant to include proper pruning, mowintr of iawns, weeding, removal of litter, fertilizing, replacement of plants when necessary, and the regular watering of all plantings. Required Requir-ed landscaped areas shall be provided pro-vided with suitablo permanent method for watering or sprinkling sprink-ling of plants. This watering system sys-tem shall consist of piped water lines terminating in an appropriate appro-priate number of sprinklers or hose bibs to Insure a sufficient amount of water for plants within with-in the landscaped area. 4. Screening Requirements. i Where landscaped screening Is required, said screening shall consist of evergreen shrubs, closely spaced and maintained at substantially the specified height of said required screen ing. When not otherwise specified, speci-fied, screening shall consist of mature shrubs and shall be maintained at a height of from four (1) to six (6) feet. 5. Plot Plan Required. Where landscaping Is required In this Ordinance, a plot plan showing the proposed landscaping landscap-ing development, watering system sys-tem and use of the property shall be submitted to the Building Build-ing Inspector. The same plot plan used to sliew parking layout lay-out or other requirements for the Issuance of a Building Permit Per-mit may be used providing all proposed landscaping Is ade-ona'elv ade-ona'elv detailed on said plot nlan. The Building Inspector may disapprove such plans if he determines de-termines that they are not consistent con-sistent with the purposes of this Ordinance. 6. Nonconforming Status. Any use of property which on the effective date of this Ordl-nance Ordl-nance or any substquent amendment amend-ment thereto is nonconforming only as to the regulations relating relat-ing to landscaping may be continued con-tinued In the same manner as if the landscaping was conforming. However, such use may not be Increased In Intensity except in accordance with the requirements require-ments of the Ordinance, and any landscaping which may exist In the locations specified by this Ordinance shall not be reduced unless suitable substitutions are made which would meet the requirements re-quirements of this Ordinance. 6 19 27. Moving of Buildings. No permit shall be issued for the moving of any residential, commercial, or Industrial building, build-ing, from one site within Cedar City to another site within Cedar City or from a site outside of Cedar Ce-dar City to a site within Cedar City, without first filing an application ap-plication with the Board of Review Re-view for lis review and approval. A. Application. The following information shall be filed with the Board of Review at the time the application applica-tion Is made 1. Location and address of the ol 1 and new sites. 2. Plot plan of the new location, loca-tion, also showing adjacent lots on all sides of the property and indicating all structures and improvements im-provements on said lots. 3. Plans and specifications for the proposed Improvements at the new location, including plans for landscape treatment when required by this Ordinance. 4. Certification by the Building Inspector that the structure is sound enough to be moved, and that the location and use of the building will conform to the Zoning Zon-ing Ordinance of Cedar City. B. Board of Review Findings. Before the Board of Review may approve the application for the moving of a building, there shall be a finding that said moving mov-ing shall have no appreciable detrimental effect on the living environment and property values I in the area into which the structure struc-ture is to be moved. C Basis of Board of Review Flndgs. Before approving an application applica-tion for a permit to move a building into an area, the Board of Review shall find: 1. That the building Is in conformity con-formity with the type and quality quali-ty of buildings existing in the area into which it Is proposed to be moved. 2. That said building and lot on which the building is to be located lo-cated conforms to the requirements require-ments of the Zoning Ordinance and Building Code. 3. That its location on the lot does not In any substantial way adversely affect buildings or uses on abutting properties. 4. That all dedications and improvements im-provements as required by the city for streets and facilities and buildings, shall be provided In conformity with the standards of the city. D. Prior to occupancy the building shall be brought up to standards of the building code for a new building and shall be painted, refurbished and maintained main-tained at that standard. K Before a permit to move a building may be granted, the applicant ap-plicant shall post a bond or other assurance as determined by the Board of Review, to cover costs of improvements established establish-ed in the granting of the permit. If the site to be vacated Is within the City, the bond shall also cover the costs Involved In cleaning up the vacated site and restoring it to a'safe and sightly condition. ' 6 19 23. Trailer Houses. No occupied trailer house shall be permitted in Cedar City, Utah, cecpt when lucaied in a licensed licens-ed 'trailer court. Each trailer house shall be maintained in a mobile condition, except when not In use. No trailer shall be made Immobile by removing its wheels. ARTICLE VII AMENDMENTS - INTERPRETATION INTERPRETA-TION . ENFORCEMENT VIO-LATION VIO-LATION PENALTY. 71. Amendments. Thin Zoning Ordinance, including includ-ing the map, may be amended, but all proposed amendments shall be submitted first to the Planning Commission for its recommendations, re-commendations, which recommendations recom-mendations shall be submitted to the City Council for its consider ation within thirty (30) days. For the purpose of establishing and maintaining sound, stable, and desirable development within the city, It Is declared to be public policy that amendments shall not be made to the Zoning Ordinance Or-dinance and map, except to promote pro-mote more fully the objectives and purposes of this ordinance or to correct manifest errors. Any person seeking an amendment amend-ment of the Zoning Ordinance or map shall submit to the Cedar City Recorder a written petition designating the change desired, the reasons therefor, and wherein where-in the proposed amendment would further promote the objectives ob-jectives and purposes of the Zoning Ordinance, together with a fee of $25.00. The City Recorder shall In turn transmit the petition pe-tition to the Planning Commission. Commis-sion. Upon the receipt of the petition, pe-tition, the Planning Commission shall consider the request The Planning Commission may call a public hearing before submitting submit-ting recommendations to the City CounciL Before recommending an amendment to the ordinance, it must be shown that such amend-mcnt amend-mcnt Is reasonably necessary, is In the Interest of the public, and Is In harmony with the objectives and purposes of this ordinance. Failure on tha part of the Planning Plan-ning Commlaalop to make recom mendations within thirty (30) days shall be deemed to constitute consti-tute approval of such proposed amendment unless a longer period per-iod Is granted by the City Council. Coun-cil. The fee provided herein shall not be returnable. m 7-2. Public Hearing Requlroa , for Amending Notice. Amendments to this ordinance may be adopted by the City Council only after a public hearing hear-ing has been held in relation thereto before said Council In which parties In . interest and citizens shall have an opportunity opportun-ity to be heard. A notice of the time and place of such hearing shall be published In a newspaper newspa-per of general circulation within the city at least fifteen (15) days before the date of the hearing. 7-3. Interpretation. In interpreting and applying the provisions of this Ordinance, they shall be held to be the minimum min-imum requirements for promoting promot-ing the public health, safety, convenience, comfort, and general gener-al welfare of the community. When the requirements of this Ordinance impose higher requirements re-quirements than are imposed or required by existing provisions of law or ordinance, the provisions provis-ions of this Ordinance shall govern. gov-ern. When, however, the provisions provi-sions of other laws or ordinances Impose greater restrictions than required by this Ordinance the provisions of the other laws or ordinances shall govern. It is not the intent of this Ordfnance to interfere with or nullify any easement covenants or agreements agree-ments which are not In conflict with the provisions of this Ordi nance. 7-4. Applicability. The provisions of this Ordinance Ordi-nance are applicable not only to private persons, agencies and organizations, or-ganizations, but also to all pub-'c pub-'c agencies and organizations to the full extent that they may be enforceable In connection with the activities of any such public agencies or organizations. 7-5. Powers and Duties of Enforcing Enforc-ing Officer. A. It shall be the duty of the Building Inspector to Inspect or cause to be inspected ail buildings build-ings in the course of construction or repair. He shall submit all applications ap-plications for permits for buildings build-ings involving a new sewer hookup to the city engineer prior to the issuance of a permit therefor. there-for. He shall enforce all the provisions pro-visions of this ordinance, entering enter-ing actions in the courts when necessary, and his failure to do so shall not legalize any violation viola-tion of such provisions. B. Upon appeal to the Board of Adjustment of any matters on which said board is required to pass, the Building Inspector shall forthwith transmit all papers, records, re-cords, and other pertinent data oertaining to the appeal to the Planning Commission and to the Board of Adjustment but not until un-til the appeal has been reviewed by the Planning Commission. C Upon receiving an application applica-tion for a permit to construct a building or structure In the SC-1 Neighborhood Shopping Center Zone, the Building Inspector shall forwith transmit all plans, and other pertinent data to the Planning Commission, and no permits shall in Uaueu until tne Planning Commission shall have approved said plans. The Building Build-ing Inspector shall also transmit all other matters to the Planning Commission, Board of Adjusment and to the Board of Review as required re-quired by and under the provisions provi-sions of this ordinance. 7-6. Plats of Buildings Required. All applications for building permits shall be accompanied by a plat drawn to scale showing the actual dimensions of the lot to be built upon, the size and location lo-cation of existing buildings, buildings to be erected, and existing ex-isting buildings on adjacent property pro-perty and such other Information as may be deemed necessary to provide for the enforcement of this ordinance. A careful record of such aDDltcation and nlats shall be kept in the office of the Building Inspector for a period of five (5) years from the date of receipt thereof. 7-7. No Conflicting License or Permits Shall b Issued. No license or permit for a use, buildings, or purpose where the same would be In conflict with this Ordinance shall be Issued. All departments, officials and public employees vested with the duty and authority to Issue licenses li-censes or permits shall not Issue said licenses or permits which would not be In conformance with the provisions of this Ordinance. Ordi-nance. Any license or .permit so Issued shall be null and void. 7-8. Utility Connections. The Building Inspector shall not authorize water and sewer connections until all of the pro-visions pro-visions of this Ordinance have been met. 7-9. Severability. This Ordinance and the various var-ious parts, sections and clauses are hereby declared to be severable. sever-able. If any part, section, paragraph, para-graph, sentence, clause or phrase Is adjudged unconstitutional or Invalid It Is hereby declared that the remainder of the Ordinance shall not be affected thereby. The City Council of Cedar City hereby declares that It would have passed this Ordinance and each part, section, paragraph, sentence, clause and phrase thereof. Irrespective of the fact that any one or mora portions thereof be declared Invalid. 7-10. Violations, A Public Nuisance. Nuis-ance. Any building or structure which has been set up, erected, constructed, altered, enlarged, converted, moved, remodeled or maintained contrary to the provisions pro-visions of this Ordinance, and any use of land or building or premises established, conducted, maintained or operated contrary to the provisions of this Ordinance Ordi-nance are hereby declared to be unlawful and opposed to the orderly or-derly development of the community com-munity and shall therefore be considered a public nuisance. 7-11. Responsibility for Viola- tions. It shall be the duty of all architects, ar-chitects, contractors, subcontractors, subcontrac-tors, builders and other persons having to do with the establishment establish-ment of any use of land or the erection, altering, changing or remodeling re-modeling of any building or structure to see that a proper Dermit has been granted before such work is begun. Any such architect builder, contractor or other person doing or performing perform-ing any such work without a permit per-mit having been issued is in conflict con-flict with the requirements of this Ordinance and shall be deemed guilty of violation of this Ordinance In the same manner man-ner and to the same extent that the owner of the premises or the persons for whom the use is established, or for whom such buildings are erected, or altered, and shall be subject to the penalties pen-alties herein prescribed for vio lation. 7-12. Penalties. Any firm, corporation, pciacn or persons, or any action in behalf be-half of said person, persons, firm or corporation, violating any of the provisions of this Ordinance shall be guilty of a Misdemeanor and upon conviction thereof shall be punishable by a fine of not to exceed Two Hundred Ninety-Nine Ninety-Nine Dollars ($299.00) or imprisonment impris-onment for not more than six '6) months, or both such fine and improsionment, at the discretion dis-cretion of the Court. 7-13. Each Day a Separate Violation. Viola-tion. Each person, persons, firm or corporation found giulty of violation vio-lation shall be deemed guilty of a separate offense for every day during which any violation of any provision of this Ordinance is committed, continued, or permitted per-mitted by such person, persons, firm or corporation, and shall be nunlshable as provided in this Ordinance. 7-14. Conflicting Provisions Repealed. Re-pealed. , All ordinances, or resolutions, or parts thereof in conflict with the provisions of this Ordinance are hereby repealed in so far as they conflict with the provisions set forth in this ordinance. 7-15. This Ordinance shall take effect thirty (30) days after its passage and first publication in the IRON COUNTY RECORD, a newspaper of general circulation within the city. PASSED BY THE CITY COUN-CIL COUN-CIL OF CEDAR CITY, UTAH, this 15th day of December, 1001. APPROVED: ARNOLD E. ANDERSON, Mayor. ATTEST: ELLEN A. SIMKINS, City Recorder. COUNCILMEN VOTING "AYE": SAM GENTRY NORMAN HEATON ELDON W. SCHMUTZ FRANK PETTY NEAL CARTER CERTIFICATE I. Ellen A. Slmkins, the duly appointed, qualified and acting City Recorder of Cedar City, Utah, do hereby certify that the above and foregoing is a true and correct cor-rect copy of an ordinance entitl ed AN ORDINANCE ESTABLISHING ESTAB-LISHING A PLANNING COMMISSION, COM-MISSION, BOARD OF ADJUSTMENT ADJUST-MENT AND BOARD OF REVIEW, WITHIN AND FOR CEDAR CITY. UTAH, AND DEFINING THEIR DUTIES AND POWERS: ESTABLISHING ESTAB-LISHING ZONES WITHIN CEDAR CITY. UTAH; REGULATING AND RESTRICTING WITHIN SAID ZONES THE USE, LOCATION, HEIGHT AND SIZE OF BUILD-INGS BUILD-INGS AND STRUCTURES, THE USE OF LAND, THE SIZE OF LOTS. YARDS AND OTHER OP-EN OP-EN SPACES; PROVIDING METHODS ME-THODS OF ADMINSTRATION AND ENFORCEMENT; PROVIDING PROVID-ING PENALTIES FOR THE VIO-LATION VIO-LATION THEREOF: REPEALING ALL OF CHAPTTR 46 OF THE ORDINANCES OF rEDAR CITY, UTAH, 1953, AND AMENDMENTS TO SAID CHAPTER 46, AND REPEALING RE-PEALING ALL OTHER ORDINANCES ORDIN-ANCES AND PARTS OF ORDI-NANCES ORDI-NANCES IN CONFLICT THEREWITH," THERE-WITH," passed by the City Council Coun-cil of Cedar City, Utah, on the 15th day of December, 1961, and on file and of record in my said office. In Witness Whereof I have hereunto set my hand and af-fixed af-fixed the Corporate Seal of Cedar Ce-dar City Corporation, this 15th day of December, A. D. 1961. ELLEN A. SIMKINS, ... c,tv Recorder. January 1L 1962. |