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

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

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

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

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

ACCESSORY USE or BUILDING: A use or building on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or building.

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

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

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

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

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

AUTOMATIC CAR WASH: A facility for automatic or self-service washing and cleaning of automobiles and small trucks not exceeding one and one-half (1.5) tons.

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

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

BASEMENT HOUSE: A residential structure without a full story structure above grade.

BEGINNING CONSTRUCTION: The excavation of the site and/or breaking ground.

BED & BREAKFAST ESTABLISHMENTS: A lodging facility, with no more than six guest rooms, located within an existing single family residence which caters to the vacationing or traveling public.

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

BOARDING HOUSE: A dwelling where, for compensation, meals are provided for at least three (3) but not more than fifteen (15) persons.

BODY AND FENDER SHOP: A facility for major automobile, truck, mobile home, recreational coach or recreation vehicle repairs to body, frame, or fenders, and including rebuilding.

BREEZE-WAY: A porch or roofed passageway open on the sides, for connecting two buildings, as a house and a garage.

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

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

BUILDING, ACCESSORY: A building which is subordinate to, and the use of which is incidental to, that of the main building, or use on the same lot.

BUILDING, HEIGHT OF: The vertical distance from the average finished grade surface to the highest point of the building roof or coping.

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

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

CAMP HOST: Camp Host(S) (or campground host(S)) is an RVer who lives on-site and provides services to the campground’s guests to ensure they have an enjoyable stay

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

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

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

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

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

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

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

CONDITIONAL USE: A use of land for which a conditional use permit is required, pursuant to this Ordinance.

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

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

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

COVERAGE, BUILDING: The percent of the total site area covered by buildings.

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

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

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

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

DWELLING, SINGLE-FAMILY: A building arranged or designed to be occupied by one (1) family, the structure having only one (1) dwelling unit. Two structures connected by a Breezeway IS NOT a single dwelling.

DWELLING, TWO-FAMILY: A building arranged or designed to be occupied by two (2) families, the structure having only two (2) dwelling units.

DWELLING, THREE FAMILY: A building arranged or designed to be occupied by three (3) families, the structure having only three (3) dwelling units.

DWELLING, FOUR-FAMILY: A building arranged or designed to be occupied by four (4) families, the structure having only four (4) dwelling units.

DWELLING, MULTI-FAMILY: A building arranged or designed to be occupied by more than four (4) families, the structure having more than four (4) dwelling units.

DWELLING GROUP: A group of two (2) or more detached buildings used as dwellings, located on a lot or parcel of land.

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

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

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

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

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

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

FLOOR AREA: Area included within surrounding walls of a building or portion thereof, exclusive of vents, shafts, and courts.

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

FRONTAGE, LOT: The lineal measurement of the front lot line.

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

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

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

GRADE:

1. For buildings adjoining one (1) street only, the elevation of the sidewalk at the center of the wall adjoining the street.
2. For buildings adjoining more than one (1) street, the average of the elevations of the sidewalk at the centers of all walls adjoining the streets.
3. For buildings having no wall adjoining the street, the average level of the natural surface of the ground adjacent to the centers of all exterior walls of the building.
4. Any wall parallel or nearly parallel to and not more than five (5) feet from a street line is to be considered as adjoining the street.

GLAMPING: A shorthand term for glamourous camping. for the purpose of this ordinance, Glamping shall be used to describe canvas or membrane-covered frame structures or recreational coach's located in areas that offer outdoor camping experiences with amenities such as, but not limited to: beds, electricity, heat and indoor plumbing usually not used when camping traditionally.

GLAMPING UNIT: A canvas or membrane-covered frame structure or recreational coach designed to be used or occupied for commercial, transient or recreational purposes. Glamping Unit structures include, but are not limited to: tents, yurts, teepees, covered wagons, inflatable spheres, geodesic domes, recreational coaches, etc.

GOVERNING BODY: The elected legislative body of the City of Escalante.

.

HOME OCCUPATION: Any use conducted entirely within a dwelling or accessory building and carried on by persons residing in the dwelling, occupying no more than twenty-five (25) percent of the dwelling  which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. The person residing in the dwelling must own and operate the home occupation.

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

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

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

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

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

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

LOCAL ATTORNEY: The attorney employed by or officially representing the City of Escalante.

LOCAL BUILDING INSPECTOR: The City of Escalante Building Inspector employed by or officially representing the City of Escalante.

LIVESTOCK: "Livestock" means a domestic animal or fur-bearer raised or kept for profit, including: cattle, sheep, goats, swine, horses, mules, poultry and domesticated elk.

LOCAL ENGINEER: The engineer employed by or officially representing the City of Escalante.

LOCAL HEALTH OFFICER: The health officer or department employed by or officially representing the City of Escalante.

LOCAL JURISDICTION: The City of Escalante.

LOCAL PLANNER: The planner employed by or officially representing the City of Escalante.

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

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

LOT DEPTH: The horizontal distance between the front and the rear lot lines measured in the main direction of the side lot lines.

LOT, INTERIOR: A lot with no defined public street access.

LOT LINES: The property lines bounding the lot.

LOT LINE, FRONT: For an interior lot, the lot line adjoining the street; for a corner lot or through lot, the lot line adjoining either street, as elected by the lot owner.

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

LOT LINE, SIDE: Any lot boundary line not a front or rear lot line. A side lot line separating a lot from another lot or lots in an interior side lot line, a side lot line separating a lot from a street is a street side lot line.

LOT, RIGHT-OF-WAY: A strip of land connecting a lot to a street for use as private access to that lot.

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

MOBILE HOME: A detached, single-family dwelling unit built prior to June 15, 1976 designed for long-term occupancy, and to be transported on its own wheels or on a flatbed or other trailers or detachable facilities, and plumbing and electrical connections provided for attachment to appropriate externals systems, and ready for occupancy except for connections to utilities and other minor work.

MOBILE HOME LOT: A lot within a mobile home subdivision, designed and to be used for the accommodation of one (1) mobile home.

MOBILE HOME PARK: A space designed and approved by the City of Escalante for occupancy by mobile homes, to be under a single ownership or management, and meeting all requirements of the City of Escalante Zoning Ordinance.

MOBILE HOME SUBDIVISION: A subdivision designed and intended for residential use where the lots are to be individually owned or lease, and occupied by mobile homes exclusively.

MODULAR HOME: A permanent dwelling structure built after June 15, 1976 in pre-fabrication units, which are assembled and erected on the site, or at another location and brought as a unit to the site; said modular home must be placed on a permanent foundation and comply with all governing building codes.

MOTEL/INN: A building or group of buildings for the drive-in accommodation of transient guests, comprising individual sleeping or living units, and designed and located to serve the motoring public, with the maximum of nine (9) units per acre and one (1) building per quarter (1/4) acre (10,890 square feet)

Motel/Inn/Hotel Units: A room or suite of a motel, hotel or inn which is capable of being rented separately and which has its own bathroom.

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

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

NURSING HOME: An institution, other than a hospital, for the care of human illness or infirmity in which care, rather than diagnosis or treatment, constitutes the principal function. The term "nursing home" shall also include "rest home" and convalescent home."

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

OFF-STREET: Is on private property not a City Street or a Public Right-Of-Way.

OFF-STREET PARKING SPACE: The space required to park one (1) passenger vehicle, which space shall meet the requirements of this ordinance.

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

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

PARK MODEL RECREATIONAL VEHICLE (PMRV). A unit that: is designed and marketed as temporary living quarters for recreational, camping, travel, or seasonal use; is not permanently affixed to real property for use as a permanent dwelling; requires a special highway movement permit for transit; and is built on a single chassis mounted on wheels with a gross trailer area not exceeding 400 square feet in the setup mode.

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

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

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

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

PUBLIC: Municipal owned.

PUBLIC BUILDING: A building used by Federal, State, or local government that is open to the general public

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

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

RECREATIONAL COACH SPACE: A plat of ground within a recreational coach park designated and intended for the accommodation of one (1) recreational coach.

REMODEL: To model again, to reconstruct; make over. To make over in structure or style; reconstruct.

RENTAL STORAGE: A group of individual or multiple units designed for the sole purpose of storing personal or commercial goods.

RIGHT-OF-WAY (LOT): A strip of land not less than sixteen (16) feet in width connecting a lot to a street for use as private access to that lot.

RVER: One who occupies or operates a recreational vehicle.

SAFETY ISLAND: An area provided for the safety of pedestrians from vehicular traffic, as between lanes on a busy street or highway.

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

SIGN, ANIMATED: A sign which involves motion or location of any part, created by artificial means, or which displays flashing, revolving or intermittent lights.

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

SIGN, FREE-STANDING: A sign which is supported by one (1) or more upright columns, poles, or braces, in or upon the ground.

SIGN, IDENTIFICATION AND INFORMATION: A sign displayed to indicate the name or nature of a building, or of a use.

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

SIGN, MARQUEE: Any sign attached to or made an integral part of the marquee.

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

SITE PLAN: A plan required by, and providing the information required by, Section 1.8 herein.

STABLE, PUBLIC: Any stable where horses are boarded and/or kept for hire.

STORAGE UNIT: Real property designed and used for the purpose of renting or leasing individual storage space to occupants who have access to the facility for the purpose of storing personal property. Does not include: real property used for residential purposes.

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

STRUCTURALLY ALTERING: Fundamental and significant change of the building's framework or system that results in a different building.

STRUCTURE: Anything constructed, the use of which requires fixed location on the ground, or attachment to something having a fixed location upon the ground; includes "building."

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

VACATION RENTAL: The rental of a pre-existing single-family residence which is periodically provided to the vacationing public in its entirety for compensation. The length of stay shall be less than thirty (30) days to a single person.

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

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

Any person or entity shall first obtain a Municipal Project Approval Form and approval from the Escalante City Planning and Zoning Commission and the Escalante City Council or the City Recorder, Planning and Zoning Chairperson or Chair Pro-Temp, and the Planning and Zoning Liaison prior to structurally altering the exterior of any building of any kind, including mobile homes as well as the construction of fences, decks, porches, and sheds. Furthermore, Escalante City requires that any person or entity, before building, remodeling, or otherwise structurally altering any dwelling of any kind that are over 200 square feet in area, including mobile homes within the incorporated area of Escalante City, shall first obtain a building permit from the Garfield County Building Inspector. Work not started within one (1) year will require a new permit.

1. Building:
   1. One-Story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet (11.15 m2).
   2. Fences that are not over 6 feet (1829 mm) high.
   3. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge.
   4. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18,927 L) and the ratio of height to diameter or width does not exceed 2 to 1.
   5. Sidewalks and driveways.
   6. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
   7. Prefabricated swimming pools that are less than 24 inches (610 mm) deep.
   8. Swings and other playground equipment.
   9. Window awnings supported by an exterior wall which do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support.
   10. Decks, porches and deck and porch roofs not exceeding 200 square feet (18.58 m2) in area, that are more than 30 inches (762 mm) above grade at any point, and are not attached to a dwelling and do not serve the exit door required by section R311.4.
2. Electrical:
   1. Listed cord-and -plug connected temporary decorative lighting.
   2. Reinstallation of attachment plug receptacles but not the outlets.
   3. Replacement of branch circuit overcurrent devices of the required capacity in the same location.
   4. Electrical wiring, devices, appliances, apparatus or equipment operating at less than 25 volts and not capable of supplying more than 510 watts of energy.
   5. Minor repair work, including the replacement of lamps or connection of approved portable electrical equipment to approved permanently installed receptacles.
3. Gas:
   1. Portable heating, cooking or clothes drying appliances.
   2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
   3. Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.
4. Mechanical:
   1. Portable heating appliances.
   2. Portable ventilation appliances.
   3. Portable cooling units.
   4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code.
   5. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
   6. Portable evaporative coolers.
   7. Self-contained refrigeration systems containing 10 pounds (4.54 kg) or less of refrigerant or that are actuated by motors of 1 horsepower (746 W) or less.
   8. Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.

The stopping of leaks in drains, water, soil, waste or vent pipes: provided, however, that if any concealed trap, drainpipe, water soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered new work and a permit shall be obtained and inspection made as provided in this code.

The clearing of stoppages or repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangements of valves, pipes or fixtures.

This section of the code lists the types of work in five categories (building, electrical, gas, mechanical and plumbing that do not require permits. However, all work even work that does not require a permit, must be done in a manner that will comply with applicable code requirements.

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

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

1. Scale of plan, and direction of north point.
2. Lot lines, adjacent streets, roads, rights-of-way.
3. Location of existing structures on subject property and adjoining properties, with utility lines, poles, etc., fully dimensioned.
4. Location of proposed construction and improvements, with location and dimension of all signs.
5. Any parking lot to be built new or remodeled must be built to plan, have proper drainage, and must have a building permit. Building permit fee shall be as set forth in the UBC.
6. Motor vehicle access, circulation patterns, with individual parking stalls, and curb, gutter, and sidewalk location.
7. Necessary explanatory notes.
8. Name, address, telephone number of builder and/or owner.
9. All other information required as determined by the Escalante City Planning Commission or the Escalante City Zoning Administrator or Assistant when authorized.

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

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

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

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

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

Escalante City may from time to time amend the number, shape, boundaries or areas of any district, or regulation, or other provision of the Zoning Ordinance, but any such amendment shall not be made or become effective until after ten (10) days notice and public hearing and unless the same shall have been proposed by or be first submitted to Escalante City Planning Commission for its recommendation, which shall be returned within (30) days.

Before finally adopting any such amendment, Escalante City Planning and Zoning shall hold a public hearing as per Utah State Code.

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

• A fifty dollar ($50.00) fee will be charged to applicants for building, occupancy, conditional use permits and Planned Development approvals. 
• A forty dollar ($40.00) fee will be charged for Escalante City Board of Adjustment hearings.
  
• A ten dollar ($10.00) fee will be charged for all business license applications in addition to the business license fee, which is forty-five ($45). 
• Any persons, firm or corporations (as principal, agent, employee or otherwise) not obtaining a Municipal Project Approval Form may be fined up to one thousand dollars ($1,000.00) and red-tagged by the Garfield County Inspector. Fines will be determined by the size of the project and set by the Planning and Zoning or City Council on a case by case basis.
  

These fees shall be established in amounts reasonably needed to defray costs to the public and reviewed annually.

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