Enoch City Zoning Code

For the purpose of this Ordinance, the territory of the local jurisdiction to which this Ordinance applies is divided into eleven (11) zoning districts, as follows:

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

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

A. Boundaries indicated as approximately following the centerline of streets, highways or alleys shall be construed to follow such center lines and in the event

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

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

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

E. Boundaries indicated as parallel to or extensions of features indicated in sub-sections 1-4 above shall be so construed. Distances not specifically indicated on the official map shall be determined by scale of the map.

F. In case any further uncertainty exists, the Land Use Appeal Authority shall determine the location of such boundaries.

G. Boundaries of each of the said zones are hereby established as described herein or as shown on the map entitled Zoning Map of Enoch City which map is on file in the City and all boundaries show thereon are made by this reference as much a part of this Ordinance as is fully described and detailed herein.

A. Purpose: The purpose of the cargo storage containers standards is to establish regulations for the use of cargo storage containers within the city limits of Enoch City; requiring a permit for the placement of such containers; providing standards for use of cargo storage containers; and providing enforcement for violations of this ordinance.

B. Definitions:

1. Cargo Storage Container: An all steel container (some with wooden floors) and strength to withstand shipment, storage and handling. Such containers include reusable steel boxes, freight containers, enclosed highway tractor trailers, and bulk shipping containers; originally a standardized reusable vessel that was designed for and used in the parking, shipping, movement, transportation or storage of freight, articles or goods or commodities; generally capable of being mounted or moved on a rail car, truck trailer or loaded on a ship.
2. Active building permit: An unexpired and unrevoked building permit for which the building inspector has not performed a final inspection and has not issued a certificate of occupancy.
3. Applicant: An owner, occupant or authorized agent, or a contractor or person with control of the property or lot.
4. City: Enoch City, Iron County, Utah.
5. Cargo Storage Container Permit: A permit to place a Cargo Storage Container on an Applicant’s property, either temporarily or permanently.
6. Permanent: Lasting or intended to last or remain unchanged indefinitely.
7. Temporary: Lasting for only a limited period of time.

C. Temporary Storage Containers for Construction. This ordinance applies to any tract of land developed for commercial or residential purposes (but not including Research/Industrial Park (R/IP) Zone) within the City limits. The location and use of Cargo Storage Containers shall be as follows:

1. Temporary Cargo Storage Containers for Construction: Excepting as permitted hereafter, no person shall store, maintain, or otherwise keep a cargo or shipping container temporarily on any lot or parcel of property within the City without first having obtained and possessing an active construction building permit issued by the City where construction is ongoing, and Applicant has obtained from the City a Cargo Storage Permit for placement of a cargo storage container.
2. Prior to the placement of a cargo storage container the property owner must submit an application for a permit on the form established by the Enoch City staff and shall include with the permit application, at a minimum, a site plan showing the location of all buildings, structures, and fences and the proposed location of the portable storage container, the square footage of the cargo storage container, the zone in which the real property is located, and show how the real property will comply with the terms of this ordinance.
3. Cargo Storage containers may not exceed 46’ in length.
4. Permits are valid for a period not to exceed one (1) year or until 30 days after a certificate of occupancy has been granted, or a building permit has expired.
5. Upon review and approval of a request for an extension; the Enoch City Manager may grant one (1) six (6) month extension.
6. The following are not required: (1) a foundation is not required since they are temporary structures; (2) ventilation is not required; (3) electricity is an option but not required; (4) tie-downs are not required unless electricity is installed;
7. Placement Requirements: The Cargo Storage Container shall only be placed on the Applicant’s property, setbacks are to be at least 8 feet from property line, and placement of portable storage container may not create a sight obstruction to adjoining properties.
8. Historic District: RESERVED.

D. Permanent Storage Containers in Commercial Zones: Cargo Storage Containers may be permanently placed in a Research/Industrial Park (R/IP) zone only after an Applicant’s application has been approved by the Enoch City Manager or designee. Cargo Storage Containers may be permanently placed in a commercial zone only after Applicant has filed for a Cargo Storage Container Permit. (The placement and installation of Permanent Cargo Storage Containers shall not be permitted until a Cargo Storage Permit and Applicant has strictly complied with all terms hereunder).

1. Cargo Storage Containers cannot be stacked, and no container may exceed 46’ in length.
2. All Cargo Storage Containers shall be located behind the main or primary structure on the lot or parcel of land and are subject to the same setback requirements as an accessory building.
3. Cargo Storage Containers shall be free of graffiti and painted an earth tone color.  
4. All Cargo Storage Containers shall be structurally sound, stable, and in good mechanical and visual repair. 
5. Cargo Storage Container used for human habitation shall comply with all building codes and have received a Certificate of Occupancy.
6. Cargo Storage Containers used as storage units in a self-storage commercial facility shall comply with requirements (a) through (e) and the commercial business license of the self-storage business will be considered equal to Cargo Storage Container Permit for all cargo storage containers placed within the facility.  

E. Permanent Storage Containers in Residential Zones.  Cargo Storage Containers may be permanently placed in any residential lot only after an Applicant’s application has been approved by Enoch City Manager or designee. The placement and installation of Permanent Cargo Storage Containers in a residential zone shall not be permitted until a Cargo Storage Permit has been issued, and Applicant has strictly complied with all terms hereunder within thirty (30) days of placement:

1. All Cargo Storage Containers shall be behind the main or primary structure on a residential lot or parcel of land and are subject to the same setback requirements as an accessory building.
2. Cargo Storage Containers shall be free of graffiti and painted an earth tone color.  
3. All Cargo Storage Containers shall be, structurally sound, stable, and in good mechanical and visual repair. 
4. Cargo Storage Container used for human habitation must comply with all building codes and have received a Certificate of Occupancy.
5. Cargo Storage Container shall not be used to store hazardous materials.

F.  Application Procedures.

1. An application for a Temporary or Permanent Cargo Storage Container shall be submitted to the Enoch City Manager or designee for review and approval.
2. An application recommended for disapproval by Enoch City Manager or designee may be appealed to the Enoch City Planning Commission in accordance with part the appeal process found in this code.
3. A Cargo Storage Container Permit may be applied for by a renter only with written consent of the property owner and every application must be signed by the property owner.

G. Existing Storage Containers. The placement and use of Cargo Storage Container placed before the date this ordinance became effective may be continued provided that no such use may be expanded, relocated or changed in any way on the property without conformity with the provisions of this ordinance.

H. Enforcement. Any person whether owner, lessee, principal agent, employee or otherwise, who violates any of the provisions of this ordinance, or permits any such violation, or fails to comply with any of the requirements hereof, or who stores, maintains, or otherwise keeps a cargo/shipping container in violation of any detailed statement of plan submitted by owner and approved under the provisions of this ordinance shall be guilty of an Infraction and, upon conviction thereof, shall be subject to punishment as provided by Utah State law.

A. TITLE: This Ordinance shall be known as: “The Enoch Cluster Development Overlay Ordinance.” This Ordinance may also be referred to as the Cluster Overlay Ordinance.

B. PURPOSE: The purpose of this Ordinance is to encourage imaginative and efficient utilization of land through creative development thereby providing greater flexibility in the location of buildings on the land, the consolidation of open spaces and the clustering of dwelling units intended to create more attractive and desirable environments within residential areas of Enoch City, while promoting open space conservation and the protection of sensitive lands. The Cluster Overlay shall be allowed in all residential zones.

C. USE REGULATIONS: The Cluster Overlay is allowed in all residential zoning areas at the discretion of the City Council, after recommendation of the Planning Commission, and in compliance with the requirements set forth herein. Except as otherwise provided herein, all use requirements of the zoning district in which the Cluster Overlay is located shall apply.        

D.         GENERAL REQUIREMENTS: 

1. The Cluster Overlay shall be available for application only with regard to parcels of property of seventy-five (75) acres or larger. If more than one parcel of property is to be used to meet the seventy-five (75) acre requirement, all such parcels must be contiguous. The number of lots allowed in the Cluster Overlay shall be the same as the number permitted by the lot area requirements of the zoning district in which the Cluster Overlay is located. The number of lots may be approved at a number less than the number allowed in the zoning district as determined by the City Council after recommendation of the Planning Commission, in order to meet the purposes of this Ordinance. In no event shall the overall density exceed the density allowed by the particular zone.
2. The size and location of the area to be preserved and maintained as open space or recreational use shall be of a size and location sufficient to achieve the purposes of the area preserved. The area to be preserved and maintained as open space shall be no less than 20% (twenty percent) of the total area of the proposed subdivision site. All areas to be preserved for open space shall not be for Habitat conservation.
3. The property adjacent to the Cluster Overlay subdivision shall not be adversely affected and to this end, the Planning Commission may recommend, and the City Council require, that uses of least intensity and of greatest compatibility be arranged within the boundaries of the Cluster Overlay subdivision area.

E.       MINIMUM LOT SIZES: 

1. Minimum lot area for residential dwellings may be reduced below the area normally required by the applicable zoning requirements for the zone in which the Cluster Overlay subdivision is located, as recommended by the Planning Commission and approved by the City Council. The proposed lots in a Cluster Overlay subdivision must be of sufficient size to allow a twenty (20) foot separation between the sidewalls of all dwelling units.
2. Wherever possible, clustering shall occur on the least sensitive area, which is normally the land area with the least slope and fewest unique or highly visible landforms. The least sensitive land areas shall be fully utilized prior to distribution of density on more sensitive areas.
3. Setback requirements for front and side yards of dwellings located on corner lots shall be determined by City ordinance. Requests for consideration of special exceptions regarding such setbacks shall be made to the City Council as the appeal authority, as permitted by City ordinance. In no case shall a residential dwelling be allowed a setback of less than twelve (12) feet from the legal description of any City right-of-way. In relation to side set-backs, any permanent structure must be a minimum of 10 feet from each side lot boundary. A developer who is building a series of homes may request a special exception from this 10 feet minimum when he submits to the building inspector a separate affidavit stating the series of homes to be constructed will have the required 20 feet separation between home placements at the time of building permit application. Special exceptions will be defined as providing for a more creative layout of the structures of to gain the best use of the land or for esthetics of safety issues.
4. Every dwelling structure shall be located and maintained on a separate lot having no less than the minimum area, width, depth and frontage required by this  Ordinance for the district in which the dwelling structure is located, unless  otherwise recommended by the Planning Commission and approved by the City Council. Group dwellings, cluster dwellings, condominiums and townhouses or other multi-structure dwelling complexes under single ownership and management, if otherwise permitted by City ordinance, may occupy one lot for each such multi-structured complex.

F. OPEN SPACE PROVISIONS AND MAINTENANCE:

1. All areas to be preserved as recreational or open space pursuant to this Ordinance shall be preserved, improved and maintained by:
2. noting on the recorded plat that such recreational or open space land is to be preserved as common area; or
3. dedicating the land to the city as recreational or open space; or
4. granting a conservation easement to a public land trust to keep the land for recreational or open space.
5. If the open space is to be preserved by designating it as common area or through a conservation easement, the plat, covenants, conditions and restrictions, and easement, shall, in form approved by the City, require that the land be maintained by any applicable home owners association, the property owners individually, and/or the public land trust granted the easement.
6. The reserved recreational or open space lands may be used for agricultural and recreational purposes provided no permanent buildings are constructed, unless a building is approved by the City Council upon recommendation of the Planning Commission. All areas to be preserved for open space shall not be for Habitat conservation.
7. Failure to maintain or preserve the recreational or open space as required shall result in remedial action being taken by the City to correct the failure at the expense of the person or persons responsible for such maintenance or preservation. Any fees, costs or expenses incurred by the City to correct the failure, including court costs and reasonable attorney fees, shall be paid to the City within ten (10) days of receipt from the City of a billing setting forth the amounts due the City.
8. If, after thirty (30) days from receipt of notice the costs, fees and expenses have not been paid, or an agreement as to the settlement of the charges has not been otherwise reached, the City may use all legal means to collect such costs, fees and expenses, all at the expense of the person or persons responsible for the payment of the same. In addition, any such unpaid costs, fees and expenses shall constitute a lien upon each lot and all recreational and open space within the subdivision, and the City may foreclose such lien in the same manner as provided by Utah law for the foreclosure of a deed of trust through sale by a trustee. Such unpaid costs, fees and expenses may also be reported by the City to the Iron County Assessor for inclusion and collection with other real property taxes related to the lots and recreational and open space within the subdivision.
9. The payment obligations and collection alternatives, as set forth above, shall be set forth on any plat, covenants, conditions and restrictions, and/or easement created as part of the subdivision, as the case may be.
10. If any part of this Ordinance shall be found to be unconstitutional or unlawful by a dully appointed court of law, all parts not so found shall be lawful and in full force.

A. Residential facility for the elderly provided it meets the following criteria:

1. conforms to all applicable health, safety, zoning and building codes;
2. is capable of use as a residential facility for elderly persons in a family-type arrangement;
3. placement is on a strictly voluntary basis and not a part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional institution;
4. is not located within 100 feet of another existing residential facility for elderly persons;
5. is not operated as a business prohibited by section 7-13 hereof, provided than any fee charged for food or for actual and necessary costs of operation and maintenance of the facility shall not by themselves cause it to be considered a business.

B. Residential facility for handicapped persons provided it meets the following criteria:

1. conforms to all applicable health, safety, and building codes;
2. is capable of use as a residential facility for handicapped persons without structural or landscaping alterations that would change the structure's residential character;
3. is occupied on a 24 hour-per-day basis by handicapped persons in a family-type arrangement under the supervision of a house family or manager;
4. is not occupied by any person who is violent;
5. is on a strictly voluntary basis and not a part of, or in lieu of confinement, rehabilitation, or treatment in a correctional institution;
6. provides 24 hour supervision of the residents; and
7. is operated by or under contract with the Utah Department of Human Services in conformity with all its applicable standards and requirements.

C. Residential Treatment Centers and Therapeutic Boarding Schools coming within the definition 1-6 (155) and 1-6 (187) of this Ordinance and including structured foster care as referred to in 1-6 (81) of this Ordinance, provided it meets the following criteria:

1. conforms to all applicable health, safety, and building codes;
2. is capable of use as a residential facility without structural or landscaping alterations that would change the structure's residential character;
3. is occupied on a 24 hour-per-day basis by youth in a family-type arrangement under the supervision of a house family or manager;
4. is not located within 500 feet of another existing Residential Treatment Center or Therapeutic Boarding; and,
5. provides 24 hour-per-day supervision of the residents by either the house family, or a person trained and qualified to work in a professional capacity. "House family" shall refer to adult members of the resident family who have been approved by a licensed state placement agency; and,
6. provides the City with current copies of all official certifications and licenses necessary for the legal use of the residence as a Residential Treatment Center or Therapeutic Boarding School.           

D. Residential facility for foster children, other than those placed in a dwelling unit licensed by the Utah Division of Family Services for either basic or specialized care, as referred to in 1-6 of this Ordinance, provided it meets the following criteria:

1. conforms to all applicable health, safety, and building codes;
2. is capable of use as a residential facility for foster children without structural or landscaping alterations that would change the structure's residential character;
3. is occupied on a 24 hour-per-day basis by children in a family-type arrangement under the supervision of a house family or parent;
4. is operated under contract with an agency certified by the Utah Department of Human Services with standards of placement and supervision acceptable to the City;
5. placement is not a part of, or in lieu of confinement, rehabilitation, or treatment in a correctional institution;
6. supervision is provided by a qualified adult member of the family on a 24-hour basis. 

1. This ordinance is for the rental of one recreational vehicle/travel trailer and not for the rental of recreational vehicle/travel trailer space. Rental space is only allowed in a Recreational Vehicle Park (RVP) Zone*.
2. The use of recreational vehicles/travel trailers for living quarters* is allowed by an official conditional use permit in all zones under the following conditions:
3. Only one recreational vehicle/travel trailer can be used as temporary living quarters on a single lot/parcel, and
4. Recreational vehicle/travel trailers must comply with corresponding zoning district set-back requirements, and
5. Is permitted for one (1) year. After the year, applicant can reapply for an additional year. Maximum permitting is for the two (2) years within any five (5) year period. The time starts with the approval of the first application. If a violation to 12.1100.1107 RECREATIONAL VEHICLES/TRAVEL TRAILERS-TEMPORARY has been committed within the previous year, the application will be denied. 
6. Application Procedures.
7. The use of recreational vehicles/travel trailers for living quarters shall be submitted to the Enoch City Manager or designee for review and approval.
8. An application recommended for disapproval by the Enoch City Manager or designee may be appealed to the Enoch City Planning Commission in accordance with part 12.600.625 Appeals found in this code.
9. A Recreational Vehicles/Travel Trailer Permit may be applied with written consent of the property owner and every application must be signed by the property owner.
10. Enforcement. Any person whether owner, lessee, principal agent, employee or otherwise, who violates any of the provisions of this ordinance, or permits any such violation, or fails to comply with any of the requirements hereof, or who stores, maintains, or otherwise keeps a recreational vehicles/travel trailers in violation of any detailed statement of plan submitted by owner and approved under the provisions of this ordinance shall be guilty of an infraction and, upon conviction thereof, shall be subject to punishment as provided by Utah State law.

*See 12.2300 Recreational Vehicle Park (RVP) Zone for RV rental space requirements.