La Verkin City Zoning Code

CHAPTER 6

ZONES

10-6-1: ZONES ESTABLISHED:

For the purpose of this title, the following zones are created to be applied as necessary to regulate the development of the city:

One-family residential		R-1-8
One- and two-family residential		R-1-10
Multiple-family residential		R-3-6
Residential-agricultural		R-A-1
Low density residential		R-1-14
Open space multiple use		OSMU, OSMU-C
Mobile home		MH
General commercial		C
Retail commercial		Comm-R
Tourist/resort commercial		Comm-T
Industrial		I
State Street landscaping overlay zone
Public facilities zone		PF

(Ord. 2009-02, 2-18-2009; amd. Ord. 2010-06, 9-15-2010; Ord. 2013-03, 4-3-2013)

10-6-2: BOUNDARIES:

A. Established: The boundaries of each of the said zones are hereby established as described herein or shown on the map entitled "zoning map of LaVerkin", which map is on file at the city offices, and all boundaries, notations and other data shown thereon are made by this reference as much part of this title as if fully described and detailed herein.

B. Rules For Location: Where uncertainty exists as to the boundary of any zone, the following rules shall apply:

1. Where the zone boundary is indicated as being approximately upon the centerline of a street, alley or block, or along a property line then, unless otherwise definitely indicated on the map, the centerline of such street, alley or block or such property line shall be construed to be the boundary of such zone.

2. Whenever the boundary line of such zone is indicated as being approximately at the line of any river, irrigation canal or other waterway or public park or other public land or any section line; then in such case, unless otherwise indicated on the map, the center of such stream, canal or waterway, and the boundary lines of such public land or such section line, shall be deemed to be the boundary of such zone.

3. Where the application of the above rules does not clarify the zone or boundary locations, the board of adjustment, or such other appeals authority as may be specifically designated by ordinance to make such interpretations, shall interpret the map.

C. Changes To Boundaries On Map: Changes to any boundaries shown on the zoning map, as with all changes of any kind to said map, may only occur through an amendment of the zoning map in compliance with the requirements in chapter 2 of this title. (Ord. 2007-29, 10-17-2007)

10-6-3: ORDINANCE AND MAP RECORDED:

The ordinance codified herein and the map shall be recorded with the city clerk/recorder and may be examined by the public, subject to any reasonable regulations established by the city council. (Ord., 6-17-1987)

ARTICLE I. RESERVED

(Ord. 2013-03, 4-3-2013)

10-6A-1: PURPOSE:

To provide appropriate locations where low density, one-family residential neighborhoods may be established, maintained and protected. The regulations also permit the establishment of public and semipublic uses such as churches, schools, libraries, parks and playgrounds, which serve the requirements of families. The regulations are intended to prohibit those uses that would be harmful to these neighborhoods. (Ord. 2009-02, 2-18-2009)

10-6A-2: PERMITTED USES:

Accessory buildings.

Agriculture, including home gardens and fruit trees.

Churches.

Home occupations.

Household pets.

Livestock and fowl, the raising, care, keeping, and feeding of and associated barns, sheds, corrals, pastures, paddocks, coops, hutches, and similar facilities therefor, subject to the provisions of section 10-7-19 of this title.

One-family dwellings.

Parks or playgrounds.

Public libraries.

Public schools.

Small/open congregate living facilities. (Ord. 2008-07, 5-7-2008; amd. Ord. 2009-02, 2-18-2009; Ord. 2013-10, 8-21-2013, eff. 2-17-2014)

10-6A-2-1: BED AND BREAKFAST FACILITIES:

See section 10-7-20 of this title. (Ord. 2018-01, 1-3-2018; amd. Ord. 2022-10, 9-21-2022)

10-6A-3: HEIGHT REGULATIONS:

No main building shall be erected to a height greater than thirty five feet (35') and no accessory building shall be erected to a height greater than twenty feet (20') except that the City shall not impose or restrict the height of a structure in a manner that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution, unless the City demonstrates that imposition of the burden on that person, assembly or institution:

A. Is in furtherance of a compelling governmental interest; and

B. Is the least restrictive means of furthering that compelling governmental interest. (Ord. 2008-07, 5-7-2008)

10-6A-4: AREA, WIDTH AND YARD REQUIREMENTS:

District	Area In Square Feet	Lot Width In Feet	Setback In Feet
			Front	Side	Rear
R-1-8	8,000	80	25	8 and 10	10

(Ord. 2008-07, 5-7-2008)

10-6A-5: MODIFYING REGULATIONS:

A. Side Yards: Private garages and other accessory buildings located at least ten feet (10') behind the main building may have a side setback of two feet (2'), except that the street side setback on a corner lot shall be the same as the front setback required for the zoning district.

B. Rear Yards: Private garages and accessory buildings located at least ten feet (10') behind the main building may have a rear setback of two feet (2'). (Ord. 2008-07, 5-7-2008)

C. Easement Required: All lots shall have easements on side and rear property lines a minimum of seven and one-half feet (71/2') and on a street side property line of ten feet (10') minimum, to be used for utilities and drainage.

D. Accessory Buildings: No accessory building or group of accessory buildings shall cover more than eight percent (8%) of the total lot area.

E. Garages Required: Minimum garage size for new home construction shall be twenty feet by twenty feet (20' x 20'). (Ord. 2008-07, 5-7-2008; amd. Ord. 2013-10, 8-21-2013, eff. 2-17-2014)

F. Lot Size: An area of not less than eight thousand (8,000) square feet shall be provided and maintained for each one-family dwelling and uses accessory thereto. (Ord. 2009-02, 2-18-2009; amd. Ord. 2013-10, 8-21-2013, eff. 2-17-2014)

10-6B-1: PURPOSE:

This residential zone is established to permit one-family housing interspersed with two-family housing, a minimum of vehicle traffic and quiet neighborhoods favorable for family life. The regulations are intended to prohibit those uses that would be harmful to a medium density neighborhood. (Ord. 2009-02, 2-18-2009)

10-6B-2: PERMITTED USES:

Accessory uses and buildings.

Agriculture, including home gardens and fruit trees.

Churches.

Home occupations.

Household pets.

One-family dwellings.

Parks and playgrounds.

Public libraries.

Public schools.

Small/open congregate living facilities.

Two-family dwellings are allowed on a minimum of sixteen thousand (16,000) square foot lots where four (4) off street parking spaces per unit are provided. Such off street parking shall include the minimum garage requirement for each dwelling unit. The dwellings must be connected by a shared wall, or roofline connection. One of the dwellings may be a basement or upstairs dwelling. (Ord. 2008-07, 5-7-2008; amd. Ord. 2009-02, 2-18-2009; Ord. 2013-10, 8-21-2013, eff. 2-17-2014)

10-6B-2-1: BED AND BREAKFAST FACILITIES:

See section 10-7-20 of this title. (Ord. 2018-01, 1-3-2018; amd. Ord. 2022-10, 9-21-2022)

10-6B-3: HEIGHT REGULATIONS:

A. Is in furtherance of a compelling governmental interest; and

B. Is the least restrictive means of furthering that compelling governmental interest. (Ord. 2008-07, 5-7-2008)

10-6B-4: AREA, WIDTH AND YARD REQUIREMENTS:

District	Area In Square Feet	Lot Width In Feet	Setback In Feet
			Front	Side	Rear
R-1-10	10,000	80	25	10	10

(Ord. 2008-07, 5-7-2008)

10-6B-5: MODIFYING REGULATIONS:

A. Side Yard: Private garages and other accessory buildings located at least ten feet (10') behind the main building may have a side setback of two feet (2'), except that the street side yard of a corner lot shall be the same as the front setback required for the zoning district.

B. Rear Yards: Private garages and accessory buildings located at least ten feet (10') behind the main building may have a rear setback of two feet (2'); provided, that on corner lots rearing on the side of another lot, the minimum rear yard for all buildings shall be ten feet (10'). (Ord. 2008-07, 5-7-2008)

C. Minimum Frontage: On a two-family dwelling with divided ownership, each dwelling shall have a minimum frontage on a dedicated City street of forty five feet (45'), which shall be measured at the required setback or building line.

D. Easement Required: All lots shall have easements on side and rear property lines of a minimum of seven and one-half feet (71/2') and on a street side property line of ten feet (10') minimum, to be used for utilities and drainage.

E. Accessory Buildings: No accessory building or group of accessory buildings shall cover more than eight percent (8%) of the total lot area. (Ord. 2008-07, 5-7-2008; amd. Ord. 2013-10, 8-21-2013, eff. 2-17-2014)

F. Lot Size: An area of not less than ten thousand (10,000) square feet shall be approved and maintained for each one-family dwelling and uses accessory thereto including detached zero lot line dwellings, and not less than sixteen thousand (16,000) square feet for each two-family dwelling and uses accessory thereto. Lots for zero lot line (twin homes) shall have an area of not less than eight thousand (8,000) square feet for each unit. (Ord. 2009-02, 2-18-2009; amd. Ord. 2013-10, 8-21-2013, eff. 2-17-2014)

G. Garages Required: Minimum garage size for new home construction shall be twenty feet by twenty feet (20' x 20'). (Ord. 2008-07, 5-7-2008; amd. Ord. 2013-10, 8-21-2013, eff. 2-17-2014)

10-6C-1: PURPOSE:

To provide appropriate location for apartment house neighborhoods on lots of not less than six thousand (6,000) square feet. The regulations permit a variety of multiple-family dwellings and necessary public services and activities. Residential condominiums may be allowed with a development agreement as specified in chapter 12 of this title. (Ord. 2008-07, 5-7-2008)

10-6C-2: PERMITTED USES:

Accessory buildings.

Churches.

Dwellings; one-, two-, three-, four-family, on an individual lot. All new construction required. Such dwellings may be separately owned under a development agreement as described in chapter 12 of this title. In such cases the requirements for condominiums in chapter 16 of this title shall be applied.

Home occupations.

Hospitals.

Household pets.

Mortuaries.

Parks or playgrounds.

Public buildings.

Public libraries.

Schools.

Small/open congregate living facilities. (Ord. 2008-07, 5-7-2008)

10-6C-3: HEIGHT REGULATIONS:

No building shall be erected to a height greater than thirty five feet (35'). No accessory building shall be erected to a height greater than twenty feet (20') except that the City shall not impose or restrict the height of a structure in a manner that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution, unless the City demonstrates that imposition of the burden on that person, assembly or institution:

A. Is in furtherance of a compelling governmental interest; and

B. Is the least restrictive means of furthering that compelling governmental interest. (Ord. 2008-07, 5-7-2008)

10-6C-4: AREA, WIDTH AND YARD REQUIREMENTS:

District	Minimum Lot Area In Square Feet	Lot Width In Feet	Setback In Feet
			Front	Side	Rear
R-3-6	6,000	60	25	10	10

(Ord. 2008-07, 5-7-2008)

10-6C-5: MODIFYING REGULATIONS:

A. Side Yard: Private garages or other accessory buildings located at least ten feet (10') behind the main building may have a side setback of two feet (2').

B. Rear Yard: Private garages and accessory buildings located at least ten feet (10') behind the main building may have a rear setback of two feet (2').

C. Area: Minimum lot area shall be increased by no less than four thousand (4,000) square feet for each additional dwelling unit above one.

D. Usable Open Space: A minimum of one thousand (1,000) square feet per dwelling unit of usable open space, to be used in common with all units in the development, shall be provided for multi-family developments. Such area shall be part of the development and maintained as private property.

E. Building Coverage: Building coverage may not exceed sixty percent (60%) of the lot area.

F. Multi-Family Dwellings: These buildings shall be considered as one building for the purpose of determining front, side and rear yard requirements as required by the zoning district. No two (2) separate structures shall be closer than ten feet (10') and the front yard on any dwelling may not be less than twenty feet (20') from an adjacent dwelling unit.

G. Easement Required: All lots shall have easements on side and rear property lines of a minimum of seven and one-half feet (71/2') and on a street side property line of ten feet (10') minimum, to be used for utilities and drainage. (Ord. 2008-07, 5-7-2008)

H. Garages Required: Minimum garage size for one-family new home construction shall be twenty feet by twenty feet (20' x 20'). (Ord. 2009-06, 4-15-2009)

I. Parking: Each multi-family dwelling development shall provide two (2) enclosed parking spaces per unit for occupant use and two (2) additional off street general parking spaces per unit for guest use. (Ord. 2008-07, 5-7-2008)

10-6C-6: GRANDFATHERED USES:

Notwithstanding the restrictions set forth in the foregoing provisions of this article, any residential development or portion thereof that:

A. Has been approved and constructed in a commercial zone, in accordance with zoning provisions then in effect;

B. Is contiguous to a residential zone of the City;

C. Contains no commercial use, other than a home occupation; and

D. Does not divide a residential structure and associated real property and/or private open space into more than one zone;

may, subject to the provisions and restrictions of chapter 9a of title 10, Utah Code Annotated (1953, as amended), and the provisions of chapters 5 and 8 of this title, be rezoned as Multiple-Family Residential (R-3-6) upon: a) request or consent of the owner(s) of the property in the residential development or any distinct portion thereof and b) payment of the applicable fees by the applicant requesting such action, provided that the City Council finds:

A. That the proposed rezone is consistent with the intent of the General Plan of the City;

B. That:

1. All owners of parcels and/or building structures located within such development, or portion thereof, consent to such rezone, or, in the alternative,

2. That, after public hearing, it is determined that no person will be materially injured by the proposed rezone;

C. That such proposed rezone does not violate any current and enforceable: 1) covenants, conditions, and restrictions (CC&Rs) of the development or 2) deed restrictions relating to the property that is subject to the application to rezone;

D. That good cause exists for the rezone;

E. That the immediately adjacent area is or is becoming increasingly residential in character, and there is not a current trend therein toward increased commercialization; and

F. That the public interest will not be materially injured by the proposed rezone. (Ord. 2013-04, 4-3-2013)

10-6D-1: PURPOSE:

To provide permanent areas for small farms, hobby farms and agricultural development whether in conjunction with or without a residential use. (Ord. 2008-07, 5-7-2008)

10-6D-2: PERMITTED USES:

Accessory buildings.

Agriculture, including home gardens and fruit trees.

Churches.

Home occupations.

Household pets.

One-family dwellings.

Parks and playgrounds.

Public schools.

Riding stables.

Small/open congregate living facilities.

Veterinarian clinics or hospitals for small or hoofed animals. Pet grooming with inside/outside kennels. Such clinics, hospitals, grooming facilities or kennels must not be a nuisance and must have animal control approval. Feeding, boarding and kenneled areas must be at least fifty feet (50') from any neighboring property line. (Ord. 2008-07, 5-7-2008; amd. Ord. 2009-02, 2-18-2009; Ord. 2013-10, 8-21-2013, eff. 2-17-2014)

10-6D-2-1: BED AND BREAKFAST FACILITIES:

See section 10-7-20 of this title. (Ord. 2018-01, 1-3-2018; amd. Ord. 2022-10, 9-21-2022)

10-6D-3: HEIGHT REGULATIONS:

No building shall be erected to a height greater than thirty five feet (35') except that the City shall not impose or restrict the height of a structure in a manner that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution, unless the City demonstrates that imposition of the burden on that person, assembly, or institution:

A. Is in furtherance of a compelling governmental interest; and

B. Is the least restrictive means of furthering that compelling governmental interest. (Ord. 2008-07, 5-7-2008)

10-6D-4: AREA, WIDTH AND YARD REQUIREMENTS:

District	Area	Width In Feet	Setback In Feet
			Front	Side	Rear
R-A-1	1/2 acre	100	25	15	30

(Ord. 2008-07, 5-7-2008)

10-6D-5: MODIFYING REGULATIONS:

A. Side Yards: Accessory buildings shall have a minimum side yard of ten feet (10'). Private garages located at least ten feet (10') behind the main building may have a side yard of two feet (2'), except on the street side of a corner lot, which shall be the same as the front yard setbacks.

B. Rear Yards: Private garages and accessory buildings located at least ten feet (10') behind the main building may have a rear setback of two feet (2'). (Ord. 2008-07, 5-7-2008)

C. Easement Required: All lots shall have easements on side and rear property lines of a minimum of seven and one-half feet (71/2') and on a street side property line of ten feet (10') minimum, to be used for utilities and drainage.

D. Garages Required: Minimum garage size for new home construction shall be twenty feet by twenty feet (20' x 20'). (Ord. 2008-07, 5-7-2008; amd. Ord. 2013-10, 8-21-2013, eff. 2-17-2014)

E. Lot Size: An area of not less than twenty one thousand seven hundred ninety (21,790) square feet shall be approved and maintained for each one-family dwelling, uses accessory thereto, and permitted uses as listed. (Ord. 2009-02, 2-18-2009; amd. Ord. 2013-10, 8-21-2013, eff. 2-17-2014)

10-6D1-1: PURPOSE:

This residential zone is established to provide one-family housing on fourteen thousand (14,000) square feet or larger lots, except as provided in subsection 10-6D1-5E of this article, a minimum of vehicle traffic and quiet neighborhoods favorable for family life. The regulations are intended to prohibit those uses that would be harmful to a low density neighborhood. (Ord. 2009-02, 2-18-2009)

10-6D1-2: PERMITTED USES:

Accessory uses and buildings.

Agriculture, including home gardens and fruit trees.

Churches.

Home occupations.

Household pets.

One-family dwellings.

Parks and playgrounds.

Public libraries.

Public schools.

Small/open congregate living facilities. (Ord. 2008-07, 5-7-2008; amd. Ord. 2009-02, 2-18-2009; Ord. 2013-10, 8-21-2013, eff. 2-17-2014)

10-6D1-2-1: BED AND BREAKFAST FACILITIES AND VACATION RENTALS:

See section 10-7-20 of this title. (Ord. 2018-01, 1-3-2018)

10-6D1-3: HEIGHT REGULATIONS:

A. Is in furtherance of a compelling governmental interest; and

B. Is the least restrictive means of furthering that compelling governmental interest. (Ord. 2008-07, 5-7-2008)

10-6D1-4: AREA, WIDTH AND YARD REQUIREMENTS:

District	Area In Square Feet	Lot Width In Feet	Setback In Feet
			Front	Side	Rear
R-1-14	14,0001	100	25	10 and 10	10

Note:

1. See subsection 10-6D1-5E of this article for qualifying regulations allowing less than 14,000 square foot lots.

(Ord. 2008-07, 5-7-2008)

10-6D1-5: MODIFYING REGULATIONS:

B. Rear Yards: Private garages and accessory buildings located at least ten feet (10') behind the main building may have a rear setback of two feet (2'). (Ord. 2008-07, 5-7-2008)

D. Accessory Buildings: No accessory building or group of accessory buildings shall cover more than eight percent (8%) of the total lot area. (Ord. 2008-07, 5-7-2008; amd. Ord. 2013-10, 8-21-2013, eff. 2-17-2014)

E. Lot Size: An area of not less than fourteen thousand (14,000) square feet shall be approved and maintained for each one-family dwelling and uses accessory thereto. Exceptions shall be allowed with a development agreement as specified in chapter 12 of this title. (Ord. 2009-02, 2-18-2009; amd. Ord. 2013-10, 8-21-2013, eff. 2-17-2014)

F. Garages Required: Minimum garage size for new home construction shall be twenty feet by twenty feet (20' x 20'). (Ord. 2008-07, 5-7-2008; amd. Ord. 2013-10, 8-21-2013, eff. 2-17-2014)

10-6E-1: PURPOSE:

To permit the use of open space land in the city for grazing, forestry, mining and other uses compatible with the protection of the natural and scenic resources of the city for the benefit of present and future generations. (Ord. 97-02, 2-5-1997, eff. 2-25-1997)

10-6E-2: OPEN SPACE MULTIPLE USE (OSMU):

A. Permitted Uses:

Forestry.

Livestock grazing.

One-family residential.

Public recreation grounds and facilities, including recreational vehicle parks but not including mobile home parks.

B. Conditional Uses:

Airports.

Cemeteries.

Golf courses.

Mining.

Private recreation grounds and facilities.

Public utilities and transmission lines. (Ord. 97-02, 2-5-1997, eff. 2-25-1997; amd. Ord. 2000-11, 8-2-2000; Ord. 2001-07, 6-20-2001; Ord. 2009-02, 2-18-2009)

C. Height Regulations: No building shall exceed thirty five feet (35') in height except that the city shall not impose or restrict the height of a structure in a manner that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution, unless the city demonstrates that imposition of the burden on that person, assembly, or institution:

1. Is in furtherance of a compelling governmental interest; and

2. Is the least restrictive means of furthering that compelling governmental interest. (Ord. 2003-08, 6-18-2003)

D. Area, Width And Yard Requirements:

District	Area	Lot Width In Feet	Setback In Feet
			Front	Side	Rear
OSMU	20 acres	500	50	30	30

(Ord. 97-02, 2-5-1997, eff. 2-25-1997; amd. Ord. 2000-11, 8-2-2000; Ord. 2001-07, 6-20-2001)

10-6E-3: OPEN SPACE MULTIPLE USE (OSMU-C):

A. Permitted Uses:

Forestry.

Livestock grazing.

One-family residential.

Public recreation grounds and facilities, including recreational vehicle parks but not including mobile home parks.

B. Conditional Uses:

Airports.

Cemeteries.

Commercial and light industrial.

Golf courses.

Mining.

Private recreation grounds and facilities.

Public utilities and transmission lines.

C. Height Regulations: No building shall exceed thirty five feet (35') in height.

D. Area, Width And Yard Requirements:

District	Area	Lot Width In Feet	Setback In Feet
			Front	Side	Rear
OSMU-C	20 acres	500	50	30	30

(Ord. 97-02, 2-5-1997, eff. 2-25-1997; amd. Ord. 2000-11, 8-2-2000; Ord. 2001-07, 6-20-2001; Ord. 2009-02, 2-18-2009)

10-6E-4: MODIFYING REGULATIONS:

The following shall apply to both districts set forth in this article:

A. Garages Required: Minimum garage size for new home construction shall be twenty feet by twenty feet (20' x 20'). (Ord. 2006-11, 4-5-2006)

10-6F-1: PURPOSE:

To provide for the development of mobile home subdivisions which will permit the location of one mobile home per lot in a quality environment. Mobile home developments shall follow the requirements of a subdivision as in title 11 of this Code. (Ord. 2008-05, 2-20-2008)

10-6F-2: PERMITTED USES:

Accessory buildings.

Charter schools.

Churches.

Home occupations.

Household pets are allowed but kennels are not permitted.

Libraries.

Mobile homes.

Modular homes.

Mortuaries.

One-family homes.

Parking lots.

Parks and playgrounds.

Schools.

Small/open congregate living facilities. (Ord. 2008-05, 2-20-2008; amd. Ord. 2009-02, 2-18-2009)

10-6F-3: HEIGHT REGULATIONS:

No building shall exceed thirty five feet (35') in height except that the City shall not impose or restrict the height of a structure in a manner that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution, unless the City demonstrates that imposition of the burden on that person, assembly or institution:

A. Is in furtherance of a compelling governmental interest; and

B. Is the least restrictive means of furthering that compelling governmental interest. (Ord. 2008-05, 2-20-2008)

10-6F-4: AREA, WIDTH AND YARD REQUIREMENTS:

District	Area In Square Feet	Lot Width In Feet	Yard In Feet
			Front	Side	Rear
MH	6,000	60	20	10	10

The minimum zone or district shall be five (5) acres. (Ord. 2008-05, 2-20-2008)

10-6F-5: MODIFYING REGULATIONS:

A. Development Plan Review: The Building Review Board shall review the proposed development plan to determine its compliance with all portions of the local zoning ordinances and building codes.

B. Applications: The Building Review Board shall not recommend approval of any application for a mobile home subdivision if the developer cannot provide required water supplies and facilities, waste disposal systems, storm drainage facilities, access or improvements, or if it is determined there would be unusual danger of flood or fire.

C. State Regulations: In addition to meeting these requirements and conditions, and conforming to the other laws of the City, all mobile home subdivisions shall also conform to all applicable State regulations.

D. HUD Sticker Required: All mobile homes to be installed, must have a HUD sticker affixed to the exterior wall as provided by the Federal agency.

E. Compliance With Other Regulations: All mobile homes located in any permitted area shall comply with and conform to all other zoning laws, rules, regulations and Building, Plumbing, Electrical, Fire Prevention Codes and all other codes and requirements applicable to a structure or building erected within the Mobile Home Zone.

F. Side Yard: Accessory buildings shall have a minimum side yard of ten feet (10') and the total of two (2) side yards shall be twenty feet (20'). Accessory buildings located at least ten feet (10') behind the main building may have a side yard requirement of two feet (2'), except for the street side of a corner lot shall be the same as the front setback.

G. Rear Yard: Accessory buildings located at least ten feet (10') behind the main building may have a rear yard of two feet (2'); provided, that on a corner lot rearing on a side yard of another lot, the minimum rear yard for all buildings shall be ten feet (10').

H. Easement Required: All lots shall have easements on side and rear property lines of a minimum of seven and one-half feet (71/2') and on street side property lines of ten feet (10') minimum, to be used for utilities and drainage.

I. Parking: Each mobile home subdivision lot shall provide for the off street parking of at least two (2) vehicles. The parking space shall be not less than ten feet (10') in width and twenty feet (20') deep. All required parking spaces must be paved with two inches (2") of asphalt or four inches (4") of concrete.

J. Skirting:

1. Within fifteen (15) days of occupancy, each mobile home shall be skirted or if shields are used, they shall be fireproof, well painted or otherwise preserved.

2. All mobile homes shall be skirted with a skirt matching or complementing the design and color of the mobile home and all skirts shall be kept in place and in good repair at all times.

K. Walls, Fences And Landscaping: Walls, fences, landscaping elements, and requirements for clear view of intersecting streets are as described in chapter 7 of this title.

L. Streets: Streets shall include a fifty foot (50') right-of-way and thirty six feet (36') of paved sections bounded by curb, gutter and sidewalk constructed to City specifications. (Ord. 2008-05, 2-20-2008)

M. Rentals: Except as specifically provided in section 10-6F-2-1 of this article and section 10-7-20 of this title, for licensed vacation rentals, no mobile homes shall be rented for a period less than thirty (30) days and occupancy shall be by written lease. Mobile home leases shall be made available for inspection by officials of the City upon demand. (Ord. 2018-01, 1-3-2018)

N. Inspections And Fees: Prior to installation in the City, building permits shall be obtained for all mobile homes. Each home shall be inspected by the building inspector for compliance with all Building, Fire and Safety Codes. Fees shall be in accordance with the latest adopted resolutions of the City.

O. Placement Of Mobile Homes: No mobile home will be allowed to be placed on any lot or acreage outside a mobile home subdivision.

P. Recreational Vehicles: Recreational vehicles do not meet the requirements for mobile homes and may not be used in a mobile home subdivision in lieu of a mobile home. (Ord. 2008-05, 2-20-2008)

10-6G-1: PURPOSE:

To provide appropriate areas where commercial activities may be established, maintained and protected. (Ord. 2006-09, 3-1-2006)

10-6G-2: PERMITTED USES:

The following shall be permitted uses within the general commercial zone:

Accessory buildings: secondary buildings and uses customarily incidental to permitted uses.

Animal services; includes veterinarian clinics and hospitals, pet grooming, fish and aquarium retail shops. No outside kennels or hoofed animals.

Art dealers and galleries, including fine arts, photography, and graphic design.

Automobiles, including rental, sales and related repair including tire sales, glass replacement and repair; motorcycle sales, rental and service; auto repair shops; packaged automobile parts stores. All repair facilities are inside and in the case of sales or rental shops, repair facilities are an integral part of the sales structure.

Banks and financial offices, including banks, ATM machines, investment and securities agencies, tax service agencies.

Bicycles, ATVs; includes sales, rental, parts sales and service where repair facilities are inside and are an integral part of the sales structure.

Building materials; includes lumber, brick, bagged concrete, PVC, pipe, other yard type building material where storage is screened. Shall not include ready mix concrete or hot mix asphalt.

Car wash, including hand and automated car wash and car vacuum facilities.

Childcare: daycare, preschool.

Clothing; includes retail sales, tailoring and clothing repair, shoes, accessories, screen printing, t-shirt shops, cleaners, laundry, formal wear rental and sales, costume sales and rental.

Communications; includes cable, phone, internet, satellite, and wireless services.

Entertainment services, including recording studios/services, instrument sales/rental/repair, talent/art studios, supplies.

Equipment: small equipment sales and rentals, including nonagricultural, noncommercial, for residential use, lawn mowers, tractors, weed implements, and accessories; small engine repair where repair facilities are inside.

Food; includes restaurants, ice cream parlors, cafes, juice bars, internet cafes, coffee shops, fast food, delis, buffets, bakeries, grocery stores, convenience marts, supermarkets, catering, patio and outdoor eateries.

Funeral houses and mortuaries.

Health and beauty; includes hair or nail salons, wig sales and styling, barbershops, tanning facilities, consultants, fitness facilities, gyms, spas, outpatient weight control and diet services, yoga, cosmetic sales and production, massage.

Home improvements, including retail lighting and service, appliance sales/rental/repair where repair facilities are inside and are an integral part of the sales structure, decorating services, cabinetry sales, upholstery, carpet and floor treatments, window treatments, wallpaper, paint.

Janitorial, including housecleaning, emergency cleaning services and supply.

Landscape and gardening, including pest and weed control service and supplies; lawn, garden, yard supplies/equipment/repair; tree service; greenhouses; nurseries; landscape supplies including rock, wall and waterfall materials; patio furniture and supplies.

Light industrial, including mechanical contractors and supplies, insulation contractors and supplies, carpenters and supplies, plumbing contractors and supplies, electrical contractors and supplies, welding and sheet metal shops where any supplies are stored inside or behind screening (not to be confused with storage facilities).

Light manufacturing: furniture construction, cabinetry construction where work is performed on site and the final result is a value added product.

Medical services, including doctor clinics, hospitals, laboratories, chiropractors, dermatologists, plastic surgery, pharmacy, eye specialists - opticians, ophthalmologists, eye corrections services, dentists, dental specialists and laboratories, audiologists, hearing aid sales, ear specialists and ambulance service. No oxygen storage with any medical service provided.

Museums, including art, cultural, history, science and musicology displays.

Office supplies: office supplies, office machines, computer, fax or copy service, computer sales/service.

Outdoor storage units: except as set forth in Section 10-6G-2.2 below, facilities or yards utilized for outdoor storage use, provided that there shall be not more than one thousand five hundred (1,500) square feet dedicated to said use per one-half (½) acre [on a commercial lot not smaller than one-half (½) acre].

Parking, including areas whether underground, in parking structures or open lots for temporary customer parking. Shall not include parking for storage as a business.

Postal and shipping services.

Printing and publishing, including lithographic, magazines, newspapers, and similar publications.

Professional offices, including engineering, drafting, design, real estate brokers, accounting offices, CPAs, tax agencies, consultants, employment agencies, attorneys, title and mortgage companies, property management, insurance offices, offices incidental to other permitted uses.

Public or quasi-public area, including municipal buildings and offices, parks, schools, libraries, and fountains.

Recreation facilities: hiking and biking trails.

Recreation sales, rental and service, including swimming pools; Jacuzzis; hot tubs; saunas; watercraft; jet skis; lake and snow ski equipment; sports gear; camping, fishing and hunting equipment; outfitters; excursions; paintballs; trampolines; other sporting goods. Service facilities shall be located inside and shall be an integral part of the sales structure.

Retail stores and shops: department stores, games and game supplies (except gambling devices), trophies and awards, movie sales and rentals, book sales, video device rental and sales, electronics, party supplies, antiques, coins, hardware, light building supply, florists, jewelry, fabric shops including sewing machine sales and service, stained glass, vacuum dealers, variety stores, gifts, crafts sales and supplies, hobby shops, sunglasses, balloons, novelties and toys, not to include pawnbrokers.

Rocks, including rock shops for retail sales and landscaping.

Schools and studios, including dance, music, art, photography, martial arts, charter schools, business and technical schools, schools for any permitted health and beauty services.

Security service: alarms services, locks, locksmiths.

Self-service vending facilities, including vending machines and self-service (unmanned) business structures/facilities, subject to the conditions set forth in chapter 7 of this title.

Special events, including wedding/reception centers, banquet halls, convention centers, resort/meeting centers, concert halls and open air concert venues.

Tourist support, including hotels, motels, inns, lodges, tourist information, curio and souvenir shops, camera and photo shops.

Transportation: taxis, shuttles, bus stops.

Travel agencies. (Ord. 2007-26, 10-3-2007; amd. Ord. 2008-14, 8-6-2008; Ord. 2015-04, 7-1-2015; Ord. 2018-01, 1-3-2018; Ord. 2018-02, 2-7-2018; Ord. 2023-08, 6-7-2023)

10-6G-2.2: COMMERCIAL OUTDOOR STORAGE EXCEPTION AREA(S) [LIMITED PERMITTED USE].

A. Subject to an approved site plan and any additional site-specific conditions placed thereon to effectuate the purpose and intent of this Section, an "outdoor storage units" facility/yard (not subject to the general square-footage limitations specified in Section 10-6G-2, LVCC) may be a permitted use for and on commercial properties of or more acres subject to special conditions limiting their safe use for other commercial uses permitted in the zone, as determined and designated by the city council, upon recommendation of the planning commission, and subject to the terms, conditions, and limitations of this section.

B. Scope, Purpose, And Intent:

1. This section establishes the requirements for the outdoor storage of goods and materials.

2. The purpose of these regulations is to provide adequate and convenient areas for semi- or fully-covered storage of goods and materials; open, uncovered storage is not allowed.

3. It is the intent of these regulations to minimize visual impacts to adjacent properties and public rights-of-way and to protect the public health, safety, and welfare.

C. Definitions. For purposes of this section, the following words and phrases shall be defined as follows:

“COVERED ONLY” AREAS:	Areas (a) designated for the storage of boats, recreational vehicles (RVs), campers, trailers, etc., but (b) not to be used for the storage of boxes, appliances, decorations, electronics, furniture, clothing, or other items that would typically be stored in an enclosed storage unit.
OUTDOOR STORAGE USE:	Covered or fully enclosed area, room, or space that is primarily intended for the storage of personal property.

D. Allowances:

1. Storage units or facilities shall not be used for manufacturing, retail or wholesale selling, office functions, other business or service uses, any use proscribed by law, and/or human or animal habitation.

2. The following shall not be stored in any storage unit or facility:

a. Hazardous, flammable, or explosive materials;

b. Hazardous or extremely hazardous waste; and

c. Any material which creates obnoxious dust, odor, or fumes.

E. Development Standards; Site And Architectural Design Standards.

1. Surfacing of outdoor storage areas:

a. All access, parking, and outdoor storage areas shall be paved with asphalt, concrete, True Grid (an eco-friendly permeable paving alternative to concrete and asphalt that provides stability and storm water detention), or other product of similar quality and useful life, as approved by the director of operations, or his or her designee.

b. No certificate of occupancy shall issue until all areas of the developed site have been finished with a permanent surface or permanent landscaping materials and irrigation.

2. Sufficient space:

a. No queuing, stacking, loading, unloading, or parking of vehicles will be allowed on city streets.

b. On-site overflow areas shall be provided to provide for and accommodate all necessary maneuvering, queuing, stacking, loading, unloading, and parking of owner-, employee-, customer-, patron-, or guest-owned or operated vehicles.

3. Parking shall be provided, installed, maintained, and regulated in accordance with the provisions of Chapter 10 of this Title.

4. Specific access and turnaround requirements shall be addressed in the site plan provided to and approved by the City Council to the property being developed for the use provided for herein.

5. Signage:

a. Directional guidance for vehicles entering and exiting the outdoor storage facility/yard shall be provided on-site.

b. All other signage shall be provided, installed, maintained, and regulated in accordance with the provisions of Chapter 11 of this Title.

6. Lighting: All lighting shall conform to and be provided, installed, maintained, and regulated in accordance with the city's night sky ordinance (i.e., Chapter 11 of Title 4 of this Code).

7. Setbacks: Except as specifically required and provided for in the approved site plan, all setbacks shall comply with Section 10-6G-5.

8. Residence above office space: A single residence shall be allowed above the office to (a) accommodate access to the storage facility and (b) provide for property security.

F. Screening Standards (Commercial/Residential Zone interface).

1. Areas abutting residential zones shall have, as a minimum, an eight-foot (8') block wall for screening. No building erected in place of or adjacent to this block wall shall exceed twelve feet (12') in height.

2. Areas abutting commercial zones can use the metal of the storage units as the barrier if it contains a constant flow, style, and color, and does not exceed a height of eighteen feet (18').

3. All buildings or structures situated on or against the property line shall be completely enclosed to provide sufficient screening from public view (including oblique views).

4. Access gates and doors may be constructed of open wrought iron if a perforated metal screen or other durable material is incorporated into the design that obscures views through the gate.

G. Landscape Standards. A landscaping strip containing a combination of trees, shrubs, groundcover, decorative rock, and boulders for and along the length of the property frontage (minus access points), eight feet (8') wide from the back of sidewalk, will be required.

H. Maintenance.

1. All areas of the storage unit yard/facility shall be maintained in good repair, and in a clean, neat, and orderly condition.

2. The storage area shall be kept free and clear of weeds and debris of all kinds, both inside and outside the fence or wall.

3. Any graffiti shall be removed within twenty-four (24) hours of occurrence.

4. Diseased, damaged, and/or dead shrubs and vines shall be replaced in a timely manner. (Ord. 2023-08, 6-7-2023)

10-6G-3: PROHIBITED USES1:

(Rep. by Ord. 2007-26, 10-3-2007)

10-6G-4: HEIGHT REGULATIONS:

A. Except as provided in subsection B below, or as permitted in an approved development agreement under the terms and conditions of Section 10-12-5 of this code, no building shall be erected to a height greater than thirty-five feet (35') as measured from its tallest side or point, except that facades, rooflines and other non-occupied building improvements may be constructed to a maximum height of forty-five feet (45') inclusive of the underlying building structure. However, the City shall not impose or restrict the height of a structure in a manner that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution, unless the City demonstrates that imposition of the burden on that person, assembly or institution:

1. Is in furtherance of a compelling governmental interest; and

2. Is the least restrictive means of furthering that compelling governmental interest.

B. Except as permitted in an approved development agreement under the terms and conditions of Section 10-12-5 of this Code, no hotels, motels, inns, and lodges (sometimes known as tourist transient lodging facilities) shall be erected to a height greater than fifty-five feet (55'), as measured from its tallest side or point, except that facades, rooflines, and other non-occupied building improvements may be constructed to a maximum height of sixty-six feet (66'), inclusive of the underlying building structure. (Ord. 2006-09, 3-1-2006; amd. Ord. 2023-02, 2-5-2023)

10-6G-5: AREA, WIDTH, AND YARD REQUIREMENTS:

District	Area	Lot Width In Feet	Setback In Feet
			Front	Side	Rear
C	1/2 acre (21,780 square feet)2	70	35 for commercial buildings abutting SR-9 and SR-17; 25 when abutting City streets	See note 1	See note 1

Notes:

1. Side and rear setbacks shall be 10 feet where abutting a residential zone which may be reduced, provided proper visual and sound screening, along with construction per the applicable building related code(s), and provided drainage is not allowed to cross property lines. Maximum height of structure shall not exceed 18 feet.

2. Commercial condominium projects shall meet the 1/2 acre minimum requirement for the project, but buildings may be divided into subunits and platted for individual ownership within the project.

(Ord. 2007-16, 4-4-2007; amd. Ord. 2007-24, 8-15-2007)

10-6G-6: SCREENING REQUIREMENT:

As a condition of any use granted under this article, an eight foot (8') masonry or concrete wall shall be required when abutting a residential zone for proper visual and sound screening; provided that where a masonry or concrete wall of at least six feet (6') already exists, no new wall shall be required. (Ord. 2008-07, 5-7-2008)

10-6G-7: COMMERCIAL DESIGN GUIDELINES:

The foregoing rules and regulations contained in Exhibit A as attached to Ordinance 2024-17 shall be construed and interpreted in such a manner so as to achieve the goals and objectives contained in the Commercial Design Guidelines attached to Ordinance 2024-17 and incorporated into this Article as if fully set forth. (Ord. 2024-17, 10-16-2024)

10-6G1-1: PURPOSE:

To provide appropriate areas where pedestrian oriented retail commercial activities may be established, maintained and protected. (Ord. 2006-03, 1-18-2006)

10-6G1-2: PERMITTED USES:

The following shall be permitted uses:

Accessory buildings: secondary buildings and uses customarily incidental to permitted uses.

Animal services: fish and aquarium retail shops.

Art dealers and galleries, including fine arts, photography, and graphic design.

Automobiles: packaged automobile part stores.

Banks and financial offices, including banks, ATM machines, investment and securities agencies, tax service agencies.

Bicycles, ATVs; includes sales, rental, parts sales and service where repair facilities are inside and are an integral part of the sales structure.

Car wash, including hand and automated car wash and car vacuum facilities.

Clothing; includes retail sales, tailoring and clothing repair, shoes, accessories, screen printing, t-shirt shops, formal wear rental and sales, costume sales and rental.

Communications; includes cable, phone, internet, satellite, and wireless services.

Convenience stores; includes gas stations, gas and goodie stores.

Entertainment services, including recording studios/services, instrument sales/rental/repair, talent/art studios, supplies.

Home improvements, including retail lighting and service, decorating services, appliance sales, upholstery, carpet and floor treatments, window treatments, wallpaper, paint.

Landscape and gardening: landscape supplies including rock, wall and waterfall materials; patio furniture and supplies.

Museums; includes art, cultural, history, science and musicology displays.

Office supplies: office supplies, office machines, computer, fax or copy service, computer sales/service.

Parking, including areas whether underground, in parking structures or open lots for temporary customer parking. Shall not include parking for storage as a business.

Postal and shipping services.

Public or quasi-public area, including Municipal buildings and offices, parks, schools, libraries, and fountains.

Recreation facilities, including golf, minigolf, go-carts, bumper cars, laser tag, bowling, recreation/sports center, skating rinks and parks, movie theaters, theaters for stage productions, amusement parks, water parks, swimming pools, billiards, arcade games, tennis, paintball game centers, hiking and biking trails, festivals, no alcohol dance centers for recreation or instruction.

Recreation sales, rental and service: sports gear; camping, fishing and hunting equipment; outfitters; excursions; paintballs; trampolines; packaged sporting goods.

Rocks, including rock shops for retail sales and landscaping.

Schools and studios, including dance, music, art, photography, martial arts and charter schools, business and technical schools, schools for any permitted health and beauty services.

Security service: alarms services, locks, locksmiths.

Self-service vending facilities, including vending machines and self-service (unmanned) business structures/facilities, subject to the conditions set forth in chapter 7 of this title.

Special events, including wedding/reception centers, banquet halls, convention centers, resort/meeting centers, concert halls and open air concert venues.

Tourist support, including hotels, motels, inns, lodges, tourist information, curio and souvenir shops, camera and photo shops.

Transportation: taxis, shuttles, bus stops.

Travel agencies. (Ord. 2007-26, 10-3-2007; amd. Ord. 2008-14, 8-6-2008; Ord. 2015-04, 7-1-2015; Ord. 2018-01, 1-3-2018)

10-6G1-3: PROHIBITED USES1:

(Rep. by Ord. 2007-26, 10-3-2007)

10-6G1-4: HEIGHT REGULATIONS:

A. Except as provided in subsection B below, or as permitted in an approved development agreement under the terms and conditions of Section 10-12-5 of this Code, no building shall be erected to a height greater than thirty-five feet (35') as measured from its tallest side or point, except that facades, rooflines and other non-occupied building improvements may be constructed to a maximum height of forty-five feet (45') inclusive of the underlying building structure. However, the City shall not impose or restrict the height of a structure in a manner that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution, unless the City demonstrates that imposition of the burden on that person, assembly or institution:

1. Is in furtherance of a compelling governmental interest; and

2. Is the least restrictive means of furthering that compelling governmental interest.

10-6G1-5: AREA, WIDTH, AND YARD REQUIREMENTS:

District	Area	Lot Width In Feet	Setback In Feet
			Front	Side	Rear
Comm-R	1/2 acre (21,780 square feet)2	70	35 for commercial buildings abutting SR-9 and SR-17; 25 when abutting city streets	See note 1	See note 1

Notes:

2. Commercial condominium projects shall meet the 1/2 acre minimum requirement for the project, but buildings may be divided into subunits and platted for individual ownership within the project.

(Ord. 2007-16, 4-4-2007; amd. Ord. 2007-24, 8-15-2007)

10-6G1-6: SCREENING REQUIREMENT:

10-6G1-7: EASEMENT REQUIRED:

All lots shall have easements on side and rear property lines of a minimum of seven and one-half feet (71/2') and on a street side property line of ten feet (10') minimum, to be used for utilities and drainage. (Ord. 2008-07, 5-7-2008)

10-6G1-8: COMMERCIAL DESIGN GUIDELINES:

10-6G2-1: PURPOSE:

To provide appropriate areas where tourist/resort commercial activities may be established, maintained and protected. (Ord. 2006-04, 1-18-2006)

10-6G2-2: PERMITTED USES:

The following shall be permitted uses:

Accessory buildings: secondary buildings and uses customarily incidental to permitted uses.

Art dealers and galleries, including fine arts, photography, and graphic design.

Automobiles: tourism related automobile rental agencies, for the short term rental of motor vehicles other than (and not including) recreational vehicles (RVs), travel trailers, storage/moving vans and/or trailers, motorized watercraft (except as provided hereinbelow).

Banks and financial offices, including banks, ATM machines, investment and securities agencies, tax service agencies.

Bicycles, ATVs, snowmobiles, motorcycles, mopeds, motor scooters, jet skis, and similar small/portable motorized and nonmotorized transportation, including sales, rental, parts sales, and service and/or repair (where service/repair facilities are conducted inside an enclosed building and constitute an integral part of the sales structure).

Car wash, including hand and automated car wash and car vacuum facilities.

Clothing; includes retail sales/rental, shoes, accessories, screen printing, t-shirt shops.

Communications; includes cable, phone, internet, satellite, and wireless services.

Food; includes restaurants, ice cream parlors, cafes, juice bars, internet cafes, coffee shops, fast food, delis, buffets, bakeries, grocery stores, convenience marts, patio and outdoor eateries.

Museums; includes art, cultural, history, science and musicology displays.

Parking; includes areas whether underground, in parking structures or open lots for temporary customer parking. Shall not include parking for storage as a business.

Postal and shipping services.

Professional offices, including real estate brokers, title and mortgage companies, property management, insurance offices, offices incident to other permitted uses.

Public or quasi-public area; includes municipal buildings and offices, parks, schools, libraries, and fountains.

Recreation sales, rental and service: sports gear; camping, fishing and hunting equipment; outfitters; excursions.

Retail stores and shops: games and game supplies (except gambling devices), trophies and awards, movie sales and rentals, book sales, video device rental and sales, electronics, party supplies, antiques, coins, florists, jewelry, stained glass, variety stores, gifts, crafts sales and supplies, hobby shops, sunglasses, balloons, novelties and toys, not to include pawnbrokers.

Self-service vending facilities, including vending machines and self-service (unmanned) business structures/facilities, subject to the conditions set forth in chapter 7 of this title.

Special events, including wedding/reception centers, banquet halls, convention centers, resort/meeting centers, concert halls and open air concert venues.

Tourist support, including:

1. Hotels, motels, inns, lodges, and bed and breakfast facilities.

2. Tourist information, curio and souvenir shops, camera and photo shops.

3. Recreational vehicles (RVs), and small transient living quarters not specified hereinabove (including, but not limited to, cabins and yurts), subject to the provisions of section 10-6G2-2-5 of this article.

4. Vacation rentals (VRs), subject to the following:

a. With an approved site plan and development agreement; and

b. Limited to developments:

(1) That are at least two (2) acres in size; and

(2) For which VRs and their private and limited public space do not cumulatively occupy more than fifteen percent (15%) of the acreage of such development; and

c. Within the developable area of the acreage referenced and described in subsection 5.b. hereof:

(1) Landscaping: Landscaping is required in the front and sides of the buildings, and shall follow the City's currently adopted landscaping requirements.

(2) Construction and Setbacks of VRs: VRs units shall not front on SR9 or SR17, and buildings containing such units shall be constructed in conjunction with or after, and located behind, the development's main building(s) fronting on SR9 and/or SR17.

(3) Hillside: The VR development area of 15% cannot include any portion of a hillside as defined in the City hillside ordinance codified at Chapter 7A of this Title.

(4) Parking: Parking areas shall adhere to the requirements of Chapter 10 of this Title, and may (i) be situated totally within the fifteen percent (15%) development area or (ii) totally or partially situated within the remainder of the 2+ acreage referenced in subsection 5.b.(1) above. Shared parking is allowed if the criteria in Section 10-10-5-G of this are met.

(5) Height: Notwithstanding any other provision of this Code to the contrary, the height of no VR shall exceed forty-five feet (45') in height.

Transportation: taxis, shuttles, bus stops.

Travel agencies. (Ord. 2007-26, 10-3-2007; amd. Ord. 2008-14, 8-6-2008; Ord. 2015-04, 7-1-2015; Ord. 2017-01, 2-1-2017; Ord. 2017-02, 2-15-2017; Ord. 2018-01, 1-3-2018; Ord. 2022-10, 9-21-2022; Ord. 2023-01, 2-1-2023; Ord. 2024-11, 3-20-2024)

10-6G2-2-5: RECREATIONAL VEHICLE RESORTS AND SMALL TRANSIENT LIVING QUARTERS:

A. Definitions: Unless the context requires otherwise, the following definitions shall be used in the interpretation and construction of this section:

OPEN SPACE: Any area within an RV resort and/or a development containing "small transient living quarters" (as defined herein) that is primarily intended for the common enjoyment and recreational use of occupants and users of the RV resort and/or small transient living quarters. Open space is not to include park buffers, interior roads, parking areas, service buildings or resort offices.

RV RESORT: A short term rental property (or “transient lodging facility” under section 3-11-1 of this Code) in which RV pads, alone or in conjunction with small transient living quarters such as cabins and yurts, and/or vacation rentals, are designated for temporary/transient occupancy for recreational, camping, travel, seasonal and/or other use of limited duration of twenty-nine (29) days or fewer unless designated for extended occupancy in accordance with § 10-6G2-2-5.D.8.d.

RECREATIONAL VEHICLE (OR RV): A vehicle which is: 1) designed to be self-propelled or towable by a light vehicle, and 2) designed primarily for use as a transient living quarters for recreational, camping, travel, seasonal use and/or other use of limited duration (not to exceed 29 consecutive days).

RESORT BUFFER: A designated space, inside and along the RV resort's boundaries, in which no structure, parking areas or recreational equipment shall be erected, maintained, or stored.

SANITARY DUMP STATION: A properly designed and constructed facility intended to receive the discharge of wastewater from any holding tank or similar device installed in any recreational vehicle, and having a means of discharging the contents - in an acceptable manner - to an approved wastewater disposal system.

SERVICE BUILDING: A building or room housing utility facilities, personal hygiene ("restroom") facilities (to include operable sinks, flush toilets, urinals, and showers), and such other facilities as may be required for the use of resort patrons and guests.

SHORT TERM RENTAL PROPERTY: A parcel of property which is used by any person or entity for hotel, inn, lodging, motel, resort, or other transient lodging uses where the term of occupancy, possession, or tenancy of the property by the person is for twenty nine (29) consecutive calendar days or less, for direct or indirect remuneration. For this section, "remuneration" means compensation, money, rent, or other consideration (including free gratis), given for occupancy, possession or use of real property.

SMALL TRANSIENT LIVING QUARTERS: For purposes of this section, small permanent structures, such as cabins and yurts, that are not otherwise specified in the definition of "tourist support" in section 10-6G2-2 of this article and that comply with the provisions of subsection B of this section.

VACATION RENTAL: See definition in section 10-1-6 of this title.

WASTEWATER: Discharges from all plumbing facilities, such as restrooms, kitchen, and laundry fixtures, either separately or in combination.

B. Uses: For uses provided for in this section:

1. Size Of Development Containing Small Transient Living Quarters/Areas And/Or RV Resorts: Such developments or resorts:

a. May not be smaller than five (5) acres in size.

b. Shall be located not less than one thousand feet (1,000') from the intersection of State Route (SR) 9 and SR 17, and-with respect to RV resorts-not more than three thousand feet (3,000') from said intersection.

c. Shall front on or be situated within two hundred feet (200') of SR-9 and/or SR-17.

2. Applicable Law: The development and/or resort, and associated structures, infrastructure, amenities, utilities, and services, if any, shall comply, operate and be maintained, provided, or disposed of in accordance with:

a. All applicable state, federal law, and local law, and administrative code requirements, for such transient lodging; and

b. All applicable building related, fire, licensing, taxation, nuisance, and zoning provisions and restrictions of the city (see titles 3, 4, 9, and 10 of this code).

3. Stormwater And Wastewater: Stormwater and wastewater emanating from the development or resort shall be disposed of in accordance with applicable federal, state, and local law and ordinance.

4. Caretaker And Resident Employees: An on site caretaker (and his or her household, if any) may reside within the development or resort. Additionally, not more than one resort employee per fifteen (15) RV pads, and/or small transient living quarters may be permitted to reside in the development or resort. Provided that, such longer term caretaker/employee accommodations shall not consume more than five percent (5%) of the development or resort property.

C. Small Transient Living Quarters/Areas:

1. Requirements: "Small transient living quarters" (as defined in subsection A of this section) may be included as a permitted use, but only as an ancillary use to one of the uses specifically specified in said definition, provided that they:

a. Are consistent with and an integral part of the specified primary permitted use; and

b. Are built upon a permanent foundation; and

c. Contain safe and adequate drinking water, sewer facilities, and personal hygiene ("restroom") facilities (to include, at a minimum, operable sinks and flush toilets); and shall contain or have reasonable and convenient access to operational shower facilities; and

d. Do not exceed four hundred (400) square feet in size; and

e. Or the area set aside for such quarters (collectively) occupy no more than thirty percent (30%) of the land comprising the resort development; and

f. Comply, operate and are maintained in accordance with:

(1) All applicable state and federal law and administrative requirements for such transient lodging; and

(2) All applicable building related, licensing, taxation, nuisance, and zoning provisions and restrictions of the city, as set forth in titles 3, 4, 9, and 10 of this code; and

(3) Limit occupancy to not more than twenty nine (29) consecutive days; and

g. Are not advertised, let out, or otherwise made (or permitted to be) available for occupancy for a period in excess of twenty nine (29) consecutive days.

2. Kitchen Facilities: Such quarters may but need not include kitchen facilities.

3. Setbacks: There shall be a minimum setback of not less than ten feet (10') between structures containing such quarters; and

4. Required Open Space: Where not a part of an RV resort, one or more common areas equal to at least fifteen percent (15%) of the land area of the development (of which such quarters are a part) shall be set aside for the joint use and enjoyment of occupants. Land covered by vehicular roadways, sidewalks and off street parking shall not be included in calculating this fifteen percent (15%) common area requirement.

D. RV Resort: Recreational vehicle (RV) pads may only be permitted within a recreational vehicle (RV) resort. It is the intent of the city council that only moderate to higher end RV parks be allowed within the city; hence they are referred to herein as resorts, and must be maintained in a manner consistent with the council's stated intent and shall offer multiple resort quality amenities to their patrons. To be an allowable use herein, the development containing RV pads, or RV pads and small transient living quarters, must comply with the following requirements and restrictions:

1. Setbacks: There shall be a minimum setback of not less than:

a. Ten feet (10') between RV units parked side by side; and

b. Ten feet (10') between RV units parked end to end; and

c. Twenty feet (20') between RV pads and any building.

2. Traffic Circulation And Street Design:

a. Street width, circulation, exiting, fire hydrant spacing, and district approved turnaround radii (or "radiuses") shall comply with the most current fire code adopted by the city.

b. To provide for adequate emergency vehicle access and travel:

(1) Except as may otherwise be required by the adopted fire code of the city, all interior roadways shall be at least:

(A) Thirty two feet (32') in width for two-way traffic, and

(B) Twenty six feet (26') for one-way traffic.

(2) No on street parking shall be allowed within the resort; and

(3) All roads shall be paved.

3. Parking Requirements And Restrictions:

a. All parking shall be confined to:

(1) The designated parking areas of each RV site and the parking area(s) for the small transient living quarters (as designated or posted).

(2) Additional parking areas within the resort reserved for employees, patrons and/or guests, which shall consist of individual parking spaces measuring not less than nine feet by eighteen feet (9' x 18') in size.

b. No visitor parking shall be permitted in the individual RV sites and/or areas in the immediate vicinity of the small transient living quarters. The resort shall provide remote parking facilities within the resort, for visitor parking, which shall consist of not less than one parking space per five (5) RV pads and/or small transient living quarters.

c. All parking areas in the resort shall be constructed of concrete or asphalt.

d. No on street parking - or parking within landscaped areas of RV pads, area(s) containing small transient living quarters, or common areas - shall be allowed anywhere within the resort.

4. RV Pads:

a. Hookups: At least eighty percent (80%) of all RV pads ("pads") shall be fully equipped with operable sewer, water, and electrical hookups ("utility hookups").

b. Pad Size:

(1) Pads with utility hookups shall be not less than one thousand five hundred (1,500) square feet in size; and

(2) Pads without utility hookups shall be not less than nine hundred (900) square feet in size.

c. Hard Surface: All pads shall be equipped with a surface area of not less than ten feet by forty feet (10' x 40'), which shall consist of concrete or asphalt.

d. Access: Sufficient access shall be provided to each pad to allow for the safe maneuvering of RVs and any associated vehicles into position.

e. Identification: Each pad site shall be marked and numbered for identification.

f. Water: Each pad site without hookups shall have reasonable and convenient access to safe and adequate drinking water, sewer facilities, and personal hygiene ("restroom") facilities (to include operable sinks, flush toilets, urinals, and showers).

5. Open Space And Landscaping:

a. One or more common areas equal to at least fifteen percent (15%) of the land area of the resort shall be set aside for the joint use and enjoyment of occupants. Land covered by vehicular roadways, sidewalks and off street parking shall not be included in calculating this fifteen percent (15%) common area requirement.

b. All areas of the resort not covered by RVs, buildings, structures, or hard surfacing, shall be landscaped. Appropriate landscaping may include trees, shrubs, grass, and other vegetation, including xeriscape, as well as rock and water features. Prior to approval of the resort development, a landscape plan shall be provided to the building official of the city for review and approval; and resort landscaping shall conform to the approved plan.

6. Sanitary Dump Station: One or more on site sanitary dump stations, as approved by the Ash Creek special service district and capable of adequately servicing the discharge needs of the RVs using the resort, shall be required within the resort.

7. Amenities: The resort shall provide not less than three (3) amenities commonly associated with RV resorts. Such amenities may include, but are not limited to, a clubhouse, swimming pools, spas and/or hot tubs, playgrounds, picnic tables in the common areas, tennis courts, basketball courts, golf and/or mini-golf courses, Wi-Fi access, game rooms, enhanced RV pads, etc.

8. Miscellaneous Provisions:

a. Structural Additions: No temporary structures - such as canvas awnings, screened enclosures, platforms, or stairs - may be erected on RV pads, unless such structures come attached to and are manufactured as a part of the RV.

b. Storage Shed: No storage sheds shall be allowed in an RV pad.

c. Outside Lighting: All outside lighting shall comply with the requirements set forth in title 4, chapter 7 of this code.

d. Period Of Occupancy: All RV resort rentals shall be limited to a period of occupancy which shall not exceed twenty-nine (29) consecutive days, unless such RV resort rental pad has been approved for extended occupancy in accordance with the following:

(1) On or before May 1 of each year, the RV resort owner shall submit an application to the LaVerkin City Council, requesting that specified RV resort pads be designated for extended occupancy.

(2) If, after review by the LaVerkin City Council, the application is approved, the period of extended occupancy shall be limited to a maximum of six (6) months, commencing on October 1 and ending on March 31.

(3) The number of RV resort pads approved for extended occupancy shall be limited to twenty-five percent (25%) of a development's RV rental pads or twenty-one (21) RV resort rental pads, whichever is less.

(4) The use of small transient living quarters, cabins or yurts for extended stay is strictly prohibited.

(5) Within five (5) days of the end of each month of the extended occupancy period, the RV resort owner shall provide a written report to the city stating:

(i) The total number of RV resort pads being used for extended occupancy;

(ii) The name, RV resort pad number and date of check in/check out for each extended occupancy guest; and

(iii) The make, model and license plate number of each guest's RV or trailer used for extended occupancy.

(6) In the event that the RV resort owner fails or refuses to submit to the city on a timely basis the report required by (5) above, all use of RV resort rental pads for extended stay shall, at the election of the city, be terminated.

(7) At the end of the extended use period on March 31, all RV resort rental pads used for extended stay shall revert to a period of occupancy not exceeding twenty-nine (29) consecutive days.

(8) The RV resort owner shall take all steps necessary to ensure that at the end of the extended occupancy period all RV resort rental pads used for extended stay shall revert to a period of occupancy not exceeding twenty-nine (29) days. (Ord. 2017-02, 2-15-2017; amd. Ord. 2017-05, 4-19-2017; Ord. 2022-02, 3-2-2022; Ord. 2024-20, 10-16-2024)

10-6G2-3: PROHIBITED USES1:

(Rep. by Ord. 2007-26, 10-3-2007)

10-6G2-4: HEIGHT REGULATIONS:

A. Except as provided in subsections B and C below, no building or structure shall be erected to a height greater than thirty-five feet (35') as measured from its tallest side or point, except that facades, rooflines and other non-occupied building improvements or structures may be constructed to height of forty-five feet (45') inclusive of the underlying building structure. However, the City shall not impose or restrict the height of a building or structure in a manner that imposes a substantial hardship on the religious exercise of a person, including a religious assembly or institution, unless the City demonstrates that imposition of the burden on that person, assembly or institution: (i) is in furtherance of a compelling governmental interest, and (ii) is the least restrictive means of furthering that compelling governmental interest.

B. Hotels, motels, inns, lodges or other tourist transient lodging facilities approved pursuant to a development agreement in accordance with Section 10-12-5 of this Code shall be erected to a height not to exceed fifty-five feet (55'), as measured from its tallest side or point, except that facades, rooflines, and flagpoles may be constructed to a maximum height of sixty-six feet (66'), inclusive of the underlying building.

C. Nothwithstanding the foregoing, a flag pole exceeding sixty-six feet (66') feet in height may be approved by the City Council on a case by case basis; provided that: (i) such flagpole is in compliance with Title 10-11-1 et. seq. of the LaVerkin City Code, and (ii) the terms and conditions of such approval are contained in a development agreement. (Ord. 2007-16, 4-4-2007; amd. Ord. 2023-02, 2-1-2023; Ord. 2023-05, 4-5-2023; Ord. 2024-08, 3-6-2024)

10-6G2-5: AREA, WIDTH AND YARD REQUIREMENTS:

District	Area	Lot Width In Feet	Setback In Feet
			Front	Side	Rear
Comm-T	1/2 acre (21,780 square feet)2	70	35 for commercial buildings abutting SR-9 and SR-17; 25 when abutting city streets	See note 1	See note 1

Notes:

2. Commercial condominium projects shall meet the 1/2 acre minimum requirement for the project, but buildings may be divided into subunits and platted for individual ownership within the project.

(Ord. 2007-16, 4-4-2007; amd. Ord. 2007-24, 8-15-2007)

10-6G2-6: SCREENING REQUIREMENT:

10-6G2-7: EASEMENT REQUIRED:

10-6G2-8: COMMERCIAL DESIGN GUIDELINES:

10-6G3-1: ZONE CHANGE APPROVAL PROCESS:

A. Application. To apply for a zone change to the LR Zone, an application containing the information set forth in 10-6G3-1(B) must be submitted to the city staff. All applicants are encouraged to meet with the city staff prior to submitting an application for LR Zone approval to discuss the development concept, the review and approval process, and submission requirements.

B. Information Required. An applicant must submit ten (10) copies of an application which contains the following information to the city staff:

1. Written Statement. A written statement providing the following information:

a. Proposed name of the development;

b. Location and legal description of property to be developed;

c. Name and address of the owners of the property to be developed;

d. A copy of the current title policy on the property;

e. Name, address, and qualifications of the design team;

f. Type and number of permitted uses;

g. A description of any buildings that will be associated with each permitted use;

h. Tentative operation and maintenance data (landscaping, etc.);

i. Existing and proposed utilities;

j. Existing and proposed public and private streets;

k. Anticipated timeline for completion of the development; and

l. Density per acre.

2. Schematic Drawings. Schematic drawings must be provided. Schematic drawings must be drawn to a minimum scale of one hundred feet per inch (1" = 100') and must include information concerning the following:

a. Existing natural features, such as watercourses, rock outcroppings, wetlands, wood areas and greenways;

b. Location of existing utilities and drainageways;

c. Location and names of all prior platted streets, parks and utility rights of way;

d. General location of existing and/or proposed buildings and structures and their uses, parking, open space and ownership pattern; and

e. A traffic flow map showing circulation patterns within and adjacent to the proposed development, including trails, sidewalks, streets, parking lots, loading areas, etc. A traffic study, performed by a registered professional, may also be required.

C. Application Conference. Upon receiving a complete application, the city staff shall schedule an application conference with the applicant to review the application. At the application conference, the city staff shall also provide written comments to the applicant concerning the application.

D. Recommendation of Planning Commission. After reviewing the comments made by the city staff, the planning commission may recommend approval, approval with modifications, or may recommend denial of the application to the city council.

E. City Council Decision. Following a public hearing, and after receiving and reviewing the recommendation of the planning commission, the city council may approve, approve with modifications, or deny the application for zone change for the proposed luxury resort development. (Ord. 2024-03, 2-21-2024)

10-6G3-2: SHORT TITLE:

This Luxury Resort Zone shall be referred to herein as the “LR Zone”. (Ord. 2024-03, 2-21-2024)

10-6G3-3: PURPOSE:

To provide appropriate areas where luxury resort development may be established, maintained and protected. (Ord. 2024-03, 2-21-2024)

10-6G3-4: PERMITTED USES:

The following shall be permitted uses within the LR Zone:

Art galleries.

Food: includes restaurants, confectionary shop, bakeries, ice cream parlors, cafes, juice bars, internet cafes, coffee shops, delis, buffets, grocery stores, catering, patio and outdoor eateries. (No drive throughs are permitted.)

Health and beauty: includes spas, nutrition stores, and saunas.

Luxury hotels: includes hotels that satisfy the definition provided in 10-6G3-6 .

Outdoor activity center.

Retail stores and shops: gift shop, leather goods shop, flower shop, bicycle shop, games and game supplies (except gambling devices), trophies and awards, movie sales and rentals, book sales, video device rental and sales, electronics, party supplies, antiques, coins, florists, jewelry, stained glass, variety stores, gifts, crafts sales and supplies, hobby shops, sunglasses, balloons, novelties and toys, not to include pawnbrokers.

Studio: includes art or music studio. (Ord. 2024-03, 2-21-2024)

10-6G3-5: PROHIBITED USES:

See subsection 10-1-3 B of this title. (Ord. 2024-03, 2-21-2024)

10-6G3-6: DEFINITIONS:

DEVELOPMENT AGREEMENT: A binding contract between the city and an applicant wherein the detailed terms and conditions upon which a luxury resort development will proceed are agreed upon. The development agreement shall specify any vested rights granted to the applicant or its successors or assigns.

LUXURY HOTEL: A hotel facility whose standards of operation and physical characteristics would provide substantially equal to or higher than the standard of operation and physical characteristics of a so-called four (4) star hotel or equivalent rating (based on the criteria employed by primary national hospitality industry rating services, including, but not limited to, Forbes Travel Guide, the Automobile Association of America, and Conde Naste Traveler).

MONUMENT SIGN: A low-profile sign, with an area that does not exceed 48 square feet and a height of less than six feet, that is used to display a building address and name, identify the building tenants, or to mark the building entrance.

UNDER-CANOPY SIGN: An under-canopy sign means a sign suspended over a sidewalk or pedestrian way by attachment to the underside of a canopy, marquee, awning, or similar structure, perpendicular to the wall. (Ord. 2024-03, 2-21-2024)

10-6G3-7: DEVELOPMENT AGREEMENT REQUIREMENTS:

A. Development Agreement. Prior to the issuance of any building permit, a development agreement must be submitted for review and approval by the city council.

1. Information Required. A development agreement entered into pursuant to this article must:

a. Specify the duration of the development agreement;

b. Specify the permitted uses of the property;

c. Specify the permitted density of use or development;

d. Specify the maximum height, dimensions, building materials, and design of the proposed buildings or structures;

e. Set forth the provisions for the reservation or dedication of lands for public purposes, including, without limitation: parks, roadways, trails, and utility easements, as applicable;

f. Set forth the provisions for the reservation or dedication of lands for public purposes, including, without limitation: parks, roadways, trails, and utility easements, as applicable;

g. Provide that construction shall be commenced within a specified timeframe and that the project or any phase thereof shall be completed within a specified timeframe;

h. Include a provision which allows the parties to amend the expected timeframe for completion of the project or any phase thereof (if the city reasonably determines that such a provision is necessary);

i. Provide for periodic review of the status of performance under the development agreement;

j. Include a site plan that satisfies the requirements set forth in this article, as an exhibit that is incorporated by reference into the development agreement;

k. Contain other exhibits or attachments that are incorporated into the development agreement by reference, including, but not limited to: (a) traffic, soil or any other studies deemed necessary by city staff; (b) a title report which shows that ownership of the property is vested in the developer or an owner who has contracted with the developer to transfer title to the property upon the approval of the development by the city; (c) any other document, study or requirement the city staff deems reasonably necessary for the particular development.

2. The city council may approve, approve with modifications, or deny the development agreement.

3. After receiving approval from the city council, the city and the applicant must execute the development agreement. The development agreement must be recorded in the office of the county recorder within ten (10) days after it is fully executed.

4. The city council may waive any of the above-listed requirements upon making a determination that such requirements are unnecessary due to the scope and nature of the proposed development.

B. Site Plan. A site plan must be submitted by the applicant and reviewed by the zoning administrator. After the zoning administrator has reviewed the site plan, said site plan must be submitted for approval by the city council as an exhibit to the development agreement. Six (6) copies of the site plan, drawn to a scale of twenty feet per inch (20' = 1"), or such other scale as the zoning administrator deems appropriate, must be provided. The site plan must contain the following information:

1. Information Required.

a. The applicant’s name, address, telephone number and interest in the property;

b. The owner’s name, address and telephone number, if different than the applicant, and the owner’s signed consent to the filing of the application;

c. The street address, tax parcel number and legal description of the subject property;

d. The zoning classification, zoning district boundaries and present use of the subject property;

e. A vicinity map with north arrow, scale and date, indicating the zoning classifications and current uses of properties within one hundred feet (100') of the subject property;

f. The proposed title of the project and the names, addresses and telephone numbers of the architect, landscape architect, planner or engineer on the project;

g. A signature panel for the zoning administrator to sign to certify that a review of the site plan has been completed by the zoning administrator;

h. The boundaries of the subject property, all existing property lines, setback lines, existing streets, buildings, watercourses, waterways or lakes, wetlands, and other existing physical features in or adjoining the project;

i. Topographic survey, showing the elevation of streets, alleys, buildings, structures, watercourses and their names. The topography shall be shown by adequate spot elevations. The finished grade for the entire site shall be shown as well as the first floor elevation of all buildings;

j. Significant topographical or physical features of the site, including existing trees;

k. The elevation of the curb (if existing or proposed) in front of each lot;

l. Elevations of the top of bank and toe of slope, slope ratio of fill, and limits of fill, including access;

m. The location and size of sanitary and storm sewers, water, gas, telephone, electric and other utility lines, culverts and other underground structures in or affecting the project, including existing and proposed facilities and easements for these facilities. In the case of city owned utilities, such information shall be provided to the applicant by the department of public utilities;

n. The location, dimensions and character of construction of proposed streets, alleys, loading areas including numbers of parking and loading spaces, outdoor lighting systems, storm drainage and sanitary facilities, sidewalks, curbs and gutters and all curb cuts. Additional area may also be required to indicate connections or proposed connections to major utilities;

o. The location of all proposed buildings and structures, accessory and principal, showing the number of stories and height, dwelling type if applicable, major elevations and the total square footage of the floor area by proposed use;

p. The location, height, type and material of all fences and walls;

q. The location, character, size, height and orientation of proposed signs, to be erected in accordance with chapter 11 and any limitations set forth in this article, and elevations of buildings showing signs to be placed on exterior walls;

r. The proposed nature and manner of grading of the site, in accordance with soils engineering studies to prevent soil erosion and excessive runoff;

s. The location of dumpsters or other outdoor trash receptacles;

t. The location and dimensions of proposed recreation areas, open spaces and other required amenities and improvements;

u. A tabulation of the total number of acres in the project and the percentage and acreage thereof proposed to be allocated to off street parking, open space, parks and other reservations;

v. A tabulation of the total number of hotel units or commercial spaces in the project and the overall project density in hotel units or commercial spaces per gross acre;

w. The proposed and required off street parking and loading areas, including parking and access for the handicapped, as specified in the most current version of the International Building Code, and in accordance with any other specifications provided in this article:

x. Landscaping plans which comply with Title 8, Chapter 8;

y. A proposed architectural plan which provides the colors, textures, and design elements to be used within the project, each of which must be in harmony with the natural environment;

z. Studies required to analyze the impact of the project, as determined by the zoning administrator, including, but not limited to, a traffic impact study, studies relating to noise, drainage, or any other study the zoning administrator determines is required to adequately analyze the impact of the project;

aa. If the project will require placement of a temporary office or construction trailer on the site, the site plan must address any parking, fencing, lighting, and signage that will be required for said temporary office or construction trailer. The site plan must also specify the duration of time for which the temporary office or construction trailer will be present on the site.

2. Waiver Of Requirements. The zoning administrator may waive any of the above listed requirements upon making a determination that such requirements are unnecessary due to the scope and nature of the proposed development.

B. Zoning Administrator Review. The zoning administrator shall review the site plan, and may provide written comments to the applicant. The authority of the zoning administrator through the review process to require modification of a proposed site plan shall include the following elements in order to achieve the objectives set forth below:

1. Traffic And Parking.

a. Minimizing dangerous traffic movements.

b. Promoting the smooth and efficient flow of traffic in accordance with standards in the Institute of Traffic Engineers’ “Transportation And Traffic Engineering Handbook”, and other local sources of authority as adopted by ordinance.

c. Optimizing the efficient use of parking facilities through provisions for adequate interior circulation, parking stalls and travel aisles.

2. Site Layout.

a. Promoting compatibility with adjacent and nearby properties.

b. Preserving and protecting valuable natural features and amenities to the greatest extent practical.

c. Promoting the efficient provision of public services.

3. Environmental Protection.

a. Preserving existing healthy and long lived trees wherever economically feasible.

b. Designing drainage facilities to promote the use and preservation of natural watercourse and patterns of drainage.

c. Minimizing alterations to existing topography.

d. Protecting important views and vistas as identified in adopted plans.

4. Landscaping.

a. Promoting the use of plant material compatible with the climate of the region and microclimate conditions on the site.

b. Ensuring that plant material can be maintained for long term health and continued growth.

c. Maximizing water and energy conservation through the appropriate use of plant materials.

d. Ensuring that the arrangement of required landscaping produces the optimal visual effect.

5. Signage.

a. Ensuring that the location, size and orientation of signage do not impair the visibility of or distract motorists.

b. Ensuring that the location, size and orientation of signage minimize obstructions and hazards to pedestrians. (Ord. 2024-03, 2-21-2024)

10-6G3-8: HEIGHT REGULATIONS:

Maximum building height shall not exceed two stories or forty (40) feet. Accessory buildings shall not exceed eighteen (18) feet in height. (Ord. 2024-03, 2-21-2024)

10-6G3-9: AREA, WIDTH AND YARD REQUIREMENTS:

District	Maximum Building Coverage Per Parcel	Hotel Unit Density	Setback in Feet
			Front	Side	Rear
Luxury Resort Zone (LR Zone)	The total square footage of buildings on any given parcel shall not exceed 75% of the total parcel area	Maximum hotel unit density shall not exceed four hotel units per acre	25 Ft.	10 Ft.	10 Ft.

(Ord. 2024-03, 2-21-2024)

10-6G3-10: MISCELLANEOUS REQUIREMENTS:

A. Parking Requirements. Parking requirements shall be as follows:

1. Any luxury hotel must have a paved driveway leading into the designated parking lot for the luxury hotel that originates from a paved portion of a street owned by the city. Points of vehicular ingress and egress, as well as the location of the designated parking lot for any luxury hotel, shall be determined by the city.

2. For the following uses, one parking space shall be required for every 250 square feet of building square footage: any permitted use which is categorized as health and beauty, an art gallery, an outdoor activity center, or a retail store and shop.

3. For the following uses, one parking space shall be required for every 100 square feet of restaurant floor area: any permitted use which is categorized as food.

4. Each luxury hotel must have a minimum of one parking space dedicated to each hotel unit, and at least three parking spaces to accommodate staff parking. One additional parking space shall be required for every three hotel units to accommodate additional guests.

5. Any parking for electric bicycles must be approved by the zoning administrator. Proposed parking for electric bicycles must be shown on the site plan.

B. Loading Areas. Loading areas must be provided at a ratio of one per every 15,000 square feet of building square footage, or as determined by the city. Each loading area must be 10 feet by 40 feet. One 10 foot by 20 foot loading area shall be required for each luxury hotel.

C. Minimum Hotel Unit Size. The minimum hotel unit size is 270 square feet.

D. Storage Areas. Up to 250 square feet of enclosed storage is allowed per hotel unit or for any retail store or shops. This storage is in addition to room closets, coat closets, water heater closets, etc. No outdoor storage is permitted.

E. Trash Enclosures. One trash dumpster bin (with a four yard minimum) located in an enclosure shall be provided for each permitted use. Additional trash enclosures may be required as determined by the city.

F. Specific Signage Requirements and Limitations. All signage must comply with chapter 11 of this title, to the extent that this article does not conflict with chapter 11. To the extent that any provisions of this article conflict with chapter 11, the provisions contained in this article shall govern. All proposed signage must be submitted to and approved by the city prior to installation. Only the following types of signs may be approved within the LR Zone: building signs, under-canopy signs, monument signs, and temporary signs. Further, all signage must comply with the following requirements, as applicable:

1. Design of Sign. The design of each sign, regardless of the type, must be harmonious with the theme, materials, colors, and elements of the building that it is intended to correspond with.

2. Building Signs. Building signs are permitted so long as a ratio of 1.25 square feet of sign area for each linear foot of building space frontage is maintained. This ratio shall be calculated by taking into account only the side of the building which provides frontage.

3. Under-Canopy Signs. Under-canopy signs may be used for hotel unit identification. An under-canopy sign may not exceed a size of eight square feet and must be consistent with the design theme of the building.

4. Monument Signs. One monument sign is allowed for each building which provides any of the following permitted uses: a retail stores or shop, a luxury hotel, or a restaurant. Monument signs must be located adjacent to a public street and must be spaced at least 300 feet apart. All monument signs must comply with § 10-7-6 .

5. Temporary Signs. All temporary signs must be approved by the city prior to installation. Temporary signs must be consistent with the design standards of the approved signage plan.

G. Lighting. All lighting must conform to and be provided, installed, maintained, and regulated in accordance with applicable provisions of the city code, including, but not limited to, Title 4, Chapter 7, et seq. (Ord. 2024-03, 2-21-2024)

10-6G3-11: FENCING REQUIREMENT:

All fencing must conform to the design of the luxury resort development and must be approved by the city prior to installation. (Ord. 2024-03, 2-21-2024)

10-6G3-12: SCREENING REQUIREMENT:

10-6G3-13: EASEMENT REQUIRED:

10-6G3-14: LANDSCAPING REQUIREMENTS:

A landscaping plan must be submitted and approved by the city prior to issuance of a building permit for any structure in the LR Zone. All landscaping plans must comply with Title 8, Chapter 8. (Ord. 2024-03, 2-21-2024)

10-6H-1: PURPOSE:

To provide areas where industries necessary and beneficial to the local economy may locate and operate. The industrial zone is intended to provide for the development of industrial uses which do not, in their maintenance, assembly, manufacture or planned operation, create smoke, gas, odor, dust, sound vibration or lighting to any degree which might be obnoxious or offensive to persons residing in or conducting business in either this or any other zone. The intent is not to provide areas for retail commercial businesses, but rather for technology office and manufacturing assembly, minimal warehouse and distribution uses, and accessory uses thereof. (Ord. 2008-04, 2-20-2008)

10-6H-2: PERMITTED USES:

None until otherwise specified herein. (Ord. 2008-04, 2-20-2008)

10-6J-1: PURPOSE AND ESTABLISHMENT OF OVERLAY ZONE:

The city finds that the general public welfare of the citizens will be promoted by establishing standards of beautification of SR9 and SR17. These standards will address design standards including, but not limited to, landscaping materials, structural components and atmosphere. To this end, a State Street landscaping overlay zone is established for all commercially zoned real property currently or hereafter located within two hundred feet (200') of SR9 and SR17. The provisions of this article (as set forth herein) shall supplement (and where in conflict, supersede) all other applicable provisions of this title with respect to such real property and the uses thereof. (Ord. 2007-29, 10-17-2007)

10-6J-2: DEFINITIONS:

For the purpose of this article, the following words and phrases shall have the following meanings:

BUFFERING: The use of landscaping other than grass on flat terrain, or the use of landscaping along with berms, walls or decorative fences that at least partially obstruct the view from the street, in a continuous manner, of vehicular use areas, parking lots and parked cars, and detention ponds.

DESIGN PLAN: The preparation of graphic and written criteria, specifications, and detailed plans to describe and define materials, structural components, atmosphere, pedestrian areas, and all design elements for compliance with the provisions of this article.

DETENTION AREA, DETENTION BASIN OR RETENTION BASIN: A temporary storage of determined quantity of water with a release rate that is either fixed or variable.

FOUNDATION AREA: The ground area immediately adjacent to a building on all sides thereof.

GROUND COVER: A prostrate plant less than two feet (2') in height at maturity and used for ornamental purposes.

HARDSCAPE: Landscaping which may include interior decorative walkways, curbing or patio areas.

ISLAND: A raised planting area, usually curbed, and placed to guide traffic, separate lanes, limit paving surface, preserve existing vegetation and increase aesthetic quality in parking lots and other areas.

LANDSCAPE AREA: That portion of a lot devoted exclusively to landscaping, except that streets, drives and sidewalks may be located within such area to provide reasonable access.

LANDSCAPE BUFFER: A landscape area adjoining or surrounding a land use and unoccupied in its entirety by any building, structure, paving or portion of such land use, for the purposes of screening and softening the effects of the land use.

LANDSCAPE PLAN: The preparation of graphic and written criteria, specifications, and detailed plans to arrange and modify the effects of natural features such as plantings, ground and water forms circulation, walks, and other features to comply with the provisions of this article.

LANDSCAPE YARD: That portion of a lot required to be maintained in landscape area.

LANDSCAPING: The improvement of a lot, parcel or tract of land in any combination of living and high quality nonliving plants, such as trees, shrubs, vines, ground covers, flowers or grass; natural features such as rock, stone, bark chips or shavings; and structural features, including, but not limited to, fountains, reflecting pools, outdoor artwork, screen walls, fences, benches or pedestrian walks, designed and arranged to produce an aesthetically pleasing effect.

OVERLAY REVIEW: A review of all development in the overlay area as to conformity to the standards set herein.

PARKING LOT PLANTINGS: A planting area, within or adjacent to a parking area, designed to shade and improve the attractiveness of large areas of pavement.

PARK STRIP: The landscape area within a public way located between the back of street curb and the sidewalk.

PARK STRIP LANDSCAPING: The improvement of property within the park strip area. Park strip landscaping includes such "landscaping" as hereinabove defined that is both appropriate and consistent with the use of the property as a park strip, but which is not inconsistent with or hazardous to the use of adjacent roadways, pedestrian strips, sidewalks and/or trails by pedestrians or vehicular traffic.

PLANTING AREA: The area prepared for the purpose of accommodating the planting of trees, shrubs, and ground covers.

SHRUB: A small, medium, or large upright plant growing less than five feet (5') to twenty feet (20') in height at maturity that is planted for ornamental or screen purposes.

SITE ANALYSIS PLAN: A plan drawn with sufficient detail to show existing site conditions including slopes, existing vegetation, drainage areas, fences, easements, and other existing conditions pertaining to the proposed site.

STREET YARD: A planting area parallel to a public street designed to provide continuity of vegetation along the right of way and to soften the impact of development by providing a pleasing view from the street.

TREE: A woody plant with a distinct central trunk.

TREE, ORNAMENTAL: A small to medium tree, growing fifteen feet (15') to forty feet (40') in height at maturity that is planted for aesthetic purposes such as colorful flowers, interesting bark, or fall foliage.

TREE PROTECTION ZONE: The area around a tree corresponding to the drip line or ten feet (10') in all directions from the trunk.

TREE, SHADE: A large tree growing to over forty feet (40') in height at maturity, planted to provide canopy cover shade.

XERISCAPE: A reduced water usage landscape achieved by good planning and design, limited turf areas, soil improvements, efficient irrigation, mulching, low water use plants, and appropriate trees, shrubs, and ground cover. (Ord. 2006-27, 7-19-2006; amd. Ord. 2007-29, 10-17-2007)

10-6J-3: DESIGN STANDARDS:

All new development within the State Street landscaping overlay zone shall be required to install landscaping encompassing an area equal to twenty percent (20%) of the total square footage of the setback area between the back of the curb to the structure. All landscaping shall be attractive in style and consistent with other new landscaping in the overlay zone, and with preexisting landscaping at Farmer's Market, LaVerkin Chevron, or the 200 North Cross Creek building to the extent the landscaping in these locations remains similar to what existed at the date of passage hereof, and is in a good state of repair. (Ord. 2007-29, 10-17-2007)

10-6J-4: LANDSCAPE REVIEW:

Any new business or development within the State Street landscaping overlay zone shall schedule a landscape review with the LaVerkin City parks director, whose approval must be obtained prior to commencing installation of the proposed landscaping. The petitioner shall present all design and landscape plans, including plant variety, expected mature heights and widths, placement of all plants, grading, berming, hardscaping, islands, parking, and any other landscape details. Plans shall also include total landscaped square footage. (Ord. 2007-29, 10-17-2007)

10-6J-5: NONCOMPLYING LOTS:

The requirements of this article shall not apply to existing lots which are smaller than one-half (1/2) acre, as those requirements could conflict with parking requirements, be incompatible to the design of existing buildings, or impair ingress or egress to existing buildings or parking area. (Ord. 2006-27, 7-19-2006)

10-6K-1: PURPOSE AND INTENT; DEFINITIONS:

A. Purpose And Intent: The public facilities (PF) zone is established to provide areas for the location and establishment of facilities owned and maintained by public and quasi-public entities. It is the intent of this zone to provide for effective regulation in the placement and construction of major public systems and facilities within the city in order to ensure that said facilities will: 1) be consistent with applicable state and local law, and with the purposes of the general plan and 2) be located, constructed and maintained in a manner that will further the interest(s) of the city and its residents, businesses, patrons, and guests.

B. Public Entities: For purposes of this chapter, "public entities" shall include federal, state, and local government entities, agencies, and subdivisions, including school, local, and special service districts.

C. Quasi-Public Entities: For purposes of this chapter, "quasi-public entities" shall include, but not be limited to, public service corporations and quasi-public corporations, as defined below:

PUBLIC SERVICE CORPORATION: A corporation whose operations serve a need of the general public, such as public transportation, gas, water, or electricity, and which is typically subject to extensive governmental regulation. (See "Black's Law Dictionary" [8th edition, 2004].)

QUASI-PUBLIC CORPORATION: A for profit or not for profit corporation providing an essential public service, including, e.g., an electric company, gas company, or other utility. (Compare "Black's Law Dictionary" [8th edition, 2004].) (Ord. 2011-08, 7-6-2011)

10-6K-2: PERMITTED USES:

Public, quasi-public, or governmental uses of land and associated buildings, structures and facilities (including associated parking facilities) shall be permitted in the PF zone, upon compliance with all applicable requirements of the state and federal law, and the provisions of this code; and shall include:

A. Government office, meeting, work area, and storage buildings, structures and yards including, but not limited to, city offices; public works facilities; public safety buildings (including police, fire and rescue facilities); motor pools; and public equipment and/or material storage and maintenance facilities;

B. Parks, public playgrounds, ball fields, rest stops, dedicated open space, and/or trails;

C. Public recreation facilities, including recreation centers and swimming pools;

D. Cemeteries;

E. Public libraries, museums, and historical preservation sites;

F. Public schools;

G. Churches and associated private school facilities;

H. Water reservoirs and/or storage tanks;

I. Major electric transmission lines (above 45 kV capacity); and public utility substations, collection and distribution facilities, and transmission lines, and supporting structures;

J. Community gardens, public tree farms, and agricultural uses typically permitted in R-1-8 zones;

K. Temporary and permanent animal shelters, animal control facilities, and associated or related parking lots, buildings, structures, dog runs, kennels, and infrastructure, provided that:

1. Animals may be euthanized on the premises, but any remains thereof not frozen and temporarily stored in a functioning freezer must be promptly removed and disposed of off site; and

2. Such shelters, facilities, and related improvements shall be maintained in a neat and orderly state, and located such that unless the city obtains and maintains easements to the contrary from surrounding landowners such facilities may not violate the city's noise and nuisance ordinances nor cause, constitute or be the source of a public nuisance;

L. The following, subject to the size limitations provided herein:

1. For property that is at least twenty (20) acres in size, forestry, farming, and livestock grazing, and associated structures (but not to include feedlots, dairies, or similar high density or odor offensive agricultural uses); and

2. For property that is one-half (1/2) acre in size or larger:

a. The housing and/or grazing of livestock, subject to: 1) the limits and setbacks that apply in the R-A-1 zone, and 2) a setback in the location and accessibility of the livestock of not less than fifty feet (50') from the property line except in such areas where the property adjoins other public property within the PF zone or property zoned R-A-1, OSMU, or OSMU-C, where no such setback shall be required; and

b. Sewer lagoons and/or treatment facilities, subject to a setback of at least fifty feet (50') from the property line and an odor and noise easement from any properties situated within two hundred feet (200') of such facility; and

3. For property that is at least one-fourth (1/4) acre in size, sewer pump and/or lift stations, subject to a setback of at least twenty five feet (25') from the property line and an odor and noise easement from any properties situated within fifty feet (50') of such facility; and

M. Publicly sponsored carnivals; fireworks; parades; concerts; infrequent commercial activities of limited size (such as publicly sponsored bazaars, craft shows, tool shows, and boutiques); and city sponsored or approved celebrations and observances, and activities associated therewith. (Ord. 2011-08, 7-6-2011)

10-6K-3: APPROVAL PROCEDURE:

A. Approval for the placement of the PF zone designation on lands within the city shall be obtained from the city council, following recommendation of the planning commission.

B. Except for: 1) temporary animal shelters, animal control facilities, and related improvements (see subsection 10-6K-2K of this article), and 2) uses identified in subsection 10-6K-2M of this article, approval for the location and layout of uses within the PF zone shall be obtained from the city council (following recommendation of the planning commission).

C. Approval for the location and layout: 1) of temporary animal shelters, animal control facilities, and related improvements (see subsection 10-6K-2K of this article), and 2) of uses identified in subsection 10-6K-2M of this article may be granted by the city administrator or mayor.

D. To facilitate evaluation of the potential impact from the zoning of the property and/or the placement of proposed use(s) thereon, the planning commission and/or the city council may require the submittal of a site plan showing the area proposed to be included in the zone and the proposed placement of major buildings and facilities to be located on the site, and reports and/or actions intended to minimize any known or potential adverse impacts resulting from the construction, installation, maintenance, and/or operation of said use. (Ord. 2011-08, 7-6-2011)

La Verkin City Zoning Code

CHAPTER 6

ZONES

10-6-1: ZONES ESTABLISHED:

For the purpose of this title, the following zones are created to be applied as necessary to regulate the development of the city:

One-family residential		R-1-8
One- and two-family residential		R-1-10
Multiple-family residential		R-3-6
Residential-agricultural		R-A-1
Low density residential		R-1-14
Open space multiple use		OSMU, OSMU-C
Mobile home		MH
General commercial		C
Retail commercial		Comm-R
Tourist/resort commercial		Comm-T
Industrial		I
State Street landscaping overlay zone
Public facilities zone		PF

(Ord. 2009-02, 2-18-2009; amd. Ord. 2010-06, 9-15-2010; Ord. 2013-03, 4-3-2013)

10-6-2: BOUNDARIES:

B. Rules For Location: Where uncertainty exists as to the boundary of any zone, the following rules shall apply:

10-6-3: ORDINANCE AND MAP RECORDED:

ARTICLE I. RESERVED

(Ord. 2013-03, 4-3-2013)

10-6A-1: PURPOSE:

10-6A-2: PERMITTED USES:

Accessory buildings.

Agriculture, including home gardens and fruit trees.

Churches.

Home occupations.

Household pets.

One-family dwellings.

Parks or playgrounds.

Public libraries.

Public schools.

Small/open congregate living facilities. (Ord. 2008-07, 5-7-2008; amd. Ord. 2009-02, 2-18-2009; Ord. 2013-10, 8-21-2013, eff. 2-17-2014)

10-6A-2-1: BED AND BREAKFAST FACILITIES:

See section 10-7-20 of this title. (Ord. 2018-01, 1-3-2018; amd. Ord. 2022-10, 9-21-2022)

10-6A-3: HEIGHT REGULATIONS:

A. Is in furtherance of a compelling governmental interest; and

B. Is the least restrictive means of furthering that compelling governmental interest. (Ord. 2008-07, 5-7-2008)

10-6A-4: AREA, WIDTH AND YARD REQUIREMENTS:

District	Area In Square Feet	Lot Width In Feet	Setback In Feet
			Front	Side	Rear
R-1-8	8,000	80	25	8 and 10	10

(Ord. 2008-07, 5-7-2008)

10-6A-5: MODIFYING REGULATIONS:

B. Rear Yards: Private garages and accessory buildings located at least ten feet (10') behind the main building may have a rear setback of two feet (2'). (Ord. 2008-07, 5-7-2008)

D. Accessory Buildings: No accessory building or group of accessory buildings shall cover more than eight percent (8%) of the total lot area.

E. Garages Required: Minimum garage size for new home construction shall be twenty feet by twenty feet (20' x 20'). (Ord. 2008-07, 5-7-2008; amd. Ord. 2013-10, 8-21-2013, eff. 2-17-2014)

10-6B-1: PURPOSE:

10-6B-2: PERMITTED USES:

Accessory uses and buildings.

Agriculture, including home gardens and fruit trees.

Churches.

Home occupations.

Household pets.

One-family dwellings.

Parks and playgrounds.

Public libraries.

Public schools.

Small/open congregate living facilities.

10-6B-2-1: BED AND BREAKFAST FACILITIES:

See section 10-7-20 of this title. (Ord. 2018-01, 1-3-2018; amd. Ord. 2022-10, 9-21-2022)

10-6B-3: HEIGHT REGULATIONS:

A. Is in furtherance of a compelling governmental interest; and

B. Is the least restrictive means of furthering that compelling governmental interest. (Ord. 2008-07, 5-7-2008)

10-6B-4: AREA, WIDTH AND YARD REQUIREMENTS:

District	Area In Square Feet	Lot Width In Feet	Setback In Feet
			Front	Side	Rear
R-1-10	10,000	80	25	10	10

(Ord. 2008-07, 5-7-2008)

10-6B-5: MODIFYING REGULATIONS:

G. Garages Required: Minimum garage size for new home construction shall be twenty feet by twenty feet (20' x 20'). (Ord. 2008-07, 5-7-2008; amd. Ord. 2013-10, 8-21-2013, eff. 2-17-2014)

10-6C-1: PURPOSE:

10-6C-2: PERMITTED USES:

Accessory buildings.

Churches.

Home occupations.

Hospitals.

Household pets.

Mortuaries.

Parks or playgrounds.

Public buildings.

Public libraries.

Schools.

Small/open congregate living facilities. (Ord. 2008-07, 5-7-2008)

10-6C-3: HEIGHT REGULATIONS:

A. Is in furtherance of a compelling governmental interest; and

B. Is the least restrictive means of furthering that compelling governmental interest. (Ord. 2008-07, 5-7-2008)

10-6C-4: AREA, WIDTH AND YARD REQUIREMENTS:

District	Minimum Lot Area In Square Feet	Lot Width In Feet	Setback In Feet
			Front	Side	Rear
R-3-6	6,000	60	25	10	10

(Ord. 2008-07, 5-7-2008)

10-6C-5: MODIFYING REGULATIONS:

A. Side Yard: Private garages or other accessory buildings located at least ten feet (10') behind the main building may have a side setback of two feet (2').

B. Rear Yard: Private garages and accessory buildings located at least ten feet (10') behind the main building may have a rear setback of two feet (2').

C. Area: Minimum lot area shall be increased by no less than four thousand (4,000) square feet for each additional dwelling unit above one.

E. Building Coverage: Building coverage may not exceed sixty percent (60%) of the lot area.

H. Garages Required: Minimum garage size for one-family new home construction shall be twenty feet by twenty feet (20' x 20'). (Ord. 2009-06, 4-15-2009)

10-6C-6: GRANDFATHERED USES:

Notwithstanding the restrictions set forth in the foregoing provisions of this article, any residential development or portion thereof that:

A. Has been approved and constructed in a commercial zone, in accordance with zoning provisions then in effect;

B. Is contiguous to a residential zone of the City;

C. Contains no commercial use, other than a home occupation; and

D. Does not divide a residential structure and associated real property and/or private open space into more than one zone;

A. That the proposed rezone is consistent with the intent of the General Plan of the City;

B. That:

1. All owners of parcels and/or building structures located within such development, or portion thereof, consent to such rezone, or, in the alternative,

2. That, after public hearing, it is determined that no person will be materially injured by the proposed rezone;

D. That good cause exists for the rezone;

E. That the immediately adjacent area is or is becoming increasingly residential in character, and there is not a current trend therein toward increased commercialization; and

F. That the public interest will not be materially injured by the proposed rezone. (Ord. 2013-04, 4-3-2013)

10-6D-1: PURPOSE:

To provide permanent areas for small farms, hobby farms and agricultural development whether in conjunction with or without a residential use. (Ord. 2008-07, 5-7-2008)

10-6D-2: PERMITTED USES:

Accessory buildings.

Agriculture, including home gardens and fruit trees.

Churches.

Home occupations.

Household pets.

One-family dwellings.

Parks and playgrounds.

Public schools.

Riding stables.

Small/open congregate living facilities.

10-6D-2-1: BED AND BREAKFAST FACILITIES:

See section 10-7-20 of this title. (Ord. 2018-01, 1-3-2018; amd. Ord. 2022-10, 9-21-2022)

10-6D-3: HEIGHT REGULATIONS:

A. Is in furtherance of a compelling governmental interest; and

B. Is the least restrictive means of furthering that compelling governmental interest. (Ord. 2008-07, 5-7-2008)

10-6D-4: AREA, WIDTH AND YARD REQUIREMENTS:

District	Area	Width In Feet	Setback In Feet
			Front	Side	Rear
R-A-1	1/2 acre	100	25	15	30

(Ord. 2008-07, 5-7-2008)

10-6D-5: MODIFYING REGULATIONS:

B. Rear Yards: Private garages and accessory buildings located at least ten feet (10') behind the main building may have a rear setback of two feet (2'). (Ord. 2008-07, 5-7-2008)

D. Garages Required: Minimum garage size for new home construction shall be twenty feet by twenty feet (20' x 20'). (Ord. 2008-07, 5-7-2008; amd. Ord. 2013-10, 8-21-2013, eff. 2-17-2014)

10-6D1-1: PURPOSE:

10-6D1-2: PERMITTED USES:

Accessory uses and buildings.

Agriculture, including home gardens and fruit trees.

Churches.

Home occupations.

Household pets.

One-family dwellings.

Parks and playgrounds.

Public libraries.

Public schools.

Small/open congregate living facilities. (Ord. 2008-07, 5-7-2008; amd. Ord. 2009-02, 2-18-2009; Ord. 2013-10, 8-21-2013, eff. 2-17-2014)

10-6D1-2-1: BED AND BREAKFAST FACILITIES AND VACATION RENTALS:

See section 10-7-20 of this title. (Ord. 2018-01, 1-3-2018)

10-6D1-3: HEIGHT REGULATIONS:

A. Is in furtherance of a compelling governmental interest; and

B. Is the least restrictive means of furthering that compelling governmental interest. (Ord. 2008-07, 5-7-2008)

10-6D1-4: AREA, WIDTH AND YARD REQUIREMENTS:

District	Area In Square Feet	Lot Width In Feet	Setback In Feet
			Front	Side	Rear
R-1-14	14,0001	100	25	10 and 10	10

Note:

1. See subsection 10-6D1-5E of this article for qualifying regulations allowing less than 14,000 square foot lots.

(Ord. 2008-07, 5-7-2008)

10-6D1-5: MODIFYING REGULATIONS:

B. Rear Yards: Private garages and accessory buildings located at least ten feet (10') behind the main building may have a rear setback of two feet (2'). (Ord. 2008-07, 5-7-2008)

F. Garages Required: Minimum garage size for new home construction shall be twenty feet by twenty feet (20' x 20'). (Ord. 2008-07, 5-7-2008; amd. Ord. 2013-10, 8-21-2013, eff. 2-17-2014)

10-6E-1: PURPOSE:

10-6E-2: OPEN SPACE MULTIPLE USE (OSMU):

A. Permitted Uses:

Forestry.

Livestock grazing.

One-family residential.

Public recreation grounds and facilities, including recreational vehicle parks but not including mobile home parks.

B. Conditional Uses:

Airports.

Cemeteries.

Golf courses.

Mining.

Private recreation grounds and facilities.

Public utilities and transmission lines. (Ord. 97-02, 2-5-1997, eff. 2-25-1997; amd. Ord. 2000-11, 8-2-2000; Ord. 2001-07, 6-20-2001; Ord. 2009-02, 2-18-2009)

1. Is in furtherance of a compelling governmental interest; and

2. Is the least restrictive means of furthering that compelling governmental interest. (Ord. 2003-08, 6-18-2003)

D. Area, Width And Yard Requirements:

District	Area	Lot Width In Feet	Setback In Feet
			Front	Side	Rear
OSMU	20 acres	500	50	30	30

(Ord. 97-02, 2-5-1997, eff. 2-25-1997; amd. Ord. 2000-11, 8-2-2000; Ord. 2001-07, 6-20-2001)

10-6E-3: OPEN SPACE MULTIPLE USE (OSMU-C):

A. Permitted Uses:

Forestry.

Livestock grazing.

One-family residential.

Public recreation grounds and facilities, including recreational vehicle parks but not including mobile home parks.

B. Conditional Uses:

Airports.

Cemeteries.

Commercial and light industrial.

Golf courses.

Mining.

Private recreation grounds and facilities.

Public utilities and transmission lines.

C. Height Regulations: No building shall exceed thirty five feet (35') in height.

D. Area, Width And Yard Requirements:

District	Area	Lot Width In Feet	Setback In Feet
			Front	Side	Rear
OSMU-C	20 acres	500	50	30	30

(Ord. 97-02, 2-5-1997, eff. 2-25-1997; amd. Ord. 2000-11, 8-2-2000; Ord. 2001-07, 6-20-2001; Ord. 2009-02, 2-18-2009)

10-6E-4: MODIFYING REGULATIONS:

The following shall apply to both districts set forth in this article:

A. Garages Required: Minimum garage size for new home construction shall be twenty feet by twenty feet (20' x 20'). (Ord. 2006-11, 4-5-2006)

10-6F-1: PURPOSE:

10-6F-2: PERMITTED USES:

Accessory buildings.

Charter schools.

Churches.

Home occupations.

Household pets are allowed but kennels are not permitted.

Libraries.

Mobile homes.

Modular homes.

Mortuaries.

One-family homes.

Parking lots.

Parks and playgrounds.

Schools.

Small/open congregate living facilities. (Ord. 2008-05, 2-20-2008; amd. Ord. 2009-02, 2-18-2009)

10-6F-3: HEIGHT REGULATIONS:

A. Is in furtherance of a compelling governmental interest; and

B. Is the least restrictive means of furthering that compelling governmental interest. (Ord. 2008-05, 2-20-2008)

10-6F-4: AREA, WIDTH AND YARD REQUIREMENTS:

District	Area In Square Feet	Lot Width In Feet	Yard In Feet
			Front	Side	Rear
MH	6,000	60	20	10	10