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Cedar City City Zoning Code

ARTICLE 26

II GENERAL ZONING PROVISIONS

Section 26-II-1 Establishment Of Zones

The boundaries of the zones set forth herein are established as shown on a map entitled "The Zoning Map of the City of Cedar City," on file in the office of City Engineer, which map, with all explanatory matter thereon, shall be deemed to accompany, and is hereby made a part of this Ordinance.

Section 26-II-2 Interpretation Of Zone District Boundaries

Where uncertainty exists with respect to any of the boundaries of any of the zone districts as shown on the zoning map, the following rules shall apply:

  1. Where Boundaries Approximately Follow Streets, Alleys or Highways: Where district boundaries are indicated as approximately following the center line or street line of streets, center line or alley line of alleys, or the center line or right-of-way line of highways, such line shall be construed to be the district boundary.
  2. Where Boundaries Parallel Street Lines, Alley Lines or Highway Right-of-Way Line: Where district boundaries are so indicated that they are approximately parallel to the center lines or street lines of streets, the center lines or alley lines of alleys, or the center lines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance as indicated on the zoning map. If no distance is given, such dimension shall be determined by the use of a scale shown on said map.
  3. Where Boundaries Approximately Follow Lot Lines: Where district boundaries are indicated as approximately following lot lines, such lot lines shall be construed to be the boundaries.
  4. Where the District Regulations Apply to Schools, Parks, Etc.: Any area shown on the zoning map as a park, playground, school, cemetery, water, or street right-of-way shall be subject to the zoning regulations of the district in which they are located. In case of doubt, the zoning regulations of the most restricted adjoining district shall govern.
  5. Vacation of Public Ways: When any street, alley, or other public way is vacated in the manner authorized by law, the zoning district adjoining each side of such street, alley, or public way shall be automatically extended to the center of such vacation and all areas included in the vacation shall then be subject to all regulations of the extended districts.
  6. Referral to Board of Adjustment: Where other uncertainty exists, the Board of Adjustment shall interpret the matter.

Section 26-II-3 Application Of Regulations

Except as provided in this Ordinance, regulations shall be applied as follows:

  1. Conformity of Buildings and Land: No building, structure, or premises shall be used or occupied, and no building or part thereof, or other structure shall be erected, raised, moved, placed, reconstructed, extended, or altered, except in conformity with the regulations as set forth herein.
  2. Conformity of Building: No building, structure, or premises shall be erected, altered, or used so as to produce greater height, smaller yard, or less unoccupied area, and no building shall be occupied by more families than prescribed for such building, structure, or premises for the district in which it is located.
  3. Conformity of Open Spaces: No yard, court, or open space, or any part thereof, shall be included as a part of the yard, or open space similarly required for any other building, structure, or dwelling under this Ordinance.

Section 26-II-4 Transition Zoning

  1. Lots in Two Districts: Where a district boundary line, as established, divides a lot which was a single ownership and of record at the time of this Ordinance, the use thereon and the other district requirements applying to the least restricted portion of such lot under this Ordinance shall be considered as extending to the entire lot, provided the most restricted portion of such lot is entirely within 100 feet of said dividing district boundary line. The use so extended shall be deemed to be conforming.
  2. Front Yard Position: Where the frontage on one side of a street between two intersecting streets is partly as residential and partly as business or industrial, the front setback in the business or industrial district shall be equal to the required front setback of the residential district.
  3. Corner Lot Transition: On every corner lot in a residential district, there shall be provided on the side street a side yard of 20 feet in depth.
  4. Garage Entrances: No public or private garage for more than five motor vehicles shall have an entrance or exit for motor vehicles within twenty-five feet (25') of a residential district.

Section 26-II-5 Non-Conforming Uses

The lawful use of any building, structure, or land existing at the time of the enactment of this Ordinance may be continued, although such use does not conform with the provisions of this Ordinance, providing the following conditions are met:

  1. Maintenance Permitted: It is the intent of this Zoning Ordinance to prohibit the addition or enlargement of non-conforming uses, nevertheless, a 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 effective date of this Ordinance.
  2. Repairs and Remodeling: Repairs and remodeling may also be made to a non-conforming building or to a building housing the non-conforming use provided such repairs shall not have the effect of increasing the floor space devoted to the non-conforming use, capacity or volume of business.
  3. Expansion or Enlargements of Non-Conforming Uses: Land areas of any non-conforming use shall not be increased. However, the floor area in a building or structure occupied by a non-conforming use shall not be increased except as follows:
    1. A non-conforming use of a building may be extended to include the entire floor area of the building as it existed at the time such use became non-conforming.
    2. Extensions or enlargements to a building containing a non-conforming use may also be made in order to overcome unsafe or unsanitary conditions when required by an official safety or health officer.
  4. Restoration of Damaged Buildings: A non-conforming building or structure or a building or structure occupied by a non-conforming use which is damaged or destroyed 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, or part thereof which existed 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 diligently prosecuted to completion and provided that such restoration does not increase the floor space devoted to the non-conforming use over that which existed at the time the building became non-conforming.
  5. 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 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.
  6. 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 use shall not thereafter be changed back to a non-conforming use.
  7. 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 date of this ordinance but may not be changed to another non-conforming use; unless the City Council, after receiving recommendations from the Cedar City Planning Commission, shall authorize such a change. The Cedar City Council and Cedar City Planning Commission in considering such a change shall not allow such a change unless the following conditions are met:
    1. That the proposed use is necessary or desirable to provide a service or facility which will contribute to the general well-being of the neighborhood and the community, and;
    2. That the proposed change will not substantially affect the comprehensive plan of zoning in Cedar City and that adherence to the strict letter of the ordinance will cause difficulties and hardships the imposition of which upon petitioner is unnecessary in order to carry out the general purpose of the plan; and,
    3. That the new or changed use will have a less adverse impact upon the surrounding property than the original allowable non-conforming use as to the nature of the use, the traffic involved, and other such considerations.
  8. Reclassification of Territory: The provisions pertaining to non-conforming uses of land and buildings shall also apply to land and buildings which hereafter become non-conforming due to any amendment in the Zoning Ordinance.
  9. Permits Granted Prior to Passage of Ordinance or Amendments: Notwithstanding the issuance of a permit therefor, no building which becomes non-conforming upon the passage of this ordinance or which becomes non-conforming due to an amendment to this ordinance shall be built unless construction has taken place thereon to the extent of at least $500.00 in replaceable value by the date on which this ordinance or said amendment becomes effective.

Section 26-II-6 Zoning Of Annexed Territory

In every case where territory becomes a part of the City by annexation, the zoning for said territory shall be designated in consideration of the Cedar City General Plan - Land Use Map, as approved by the Planning Commission and City Council. In the event that no zone is specified in the General Plan, and the future land use is not easily determined by the City Council, after a recommendation from the Planning Commission, the property shall be zoned AT (Annexed Transition). The determined zoning designation shall be adopted in accordance with the zone amendment procedure and public hearing process set forth in Article XIII, of this Chapter 26. The processing of a zoning application for annexing property shall be processed simultaneous with the annexation; however, it requires a separate application, public hearing, and ordinance from that of the annexation.