This ordinance is designed and enacted for the purpose of promoting the health, safety, morals, convenience, order, prosperity, and welfare of the present and future inhabitants of Mendon, Utah, including the following: lessening of congestion in the streets or roads; securing of safety from fire and other dangers; providing of adequate light and air; classifying of land uses; distributing of land development and utilization; protecting of the tax base; securing of the economy in governmental expenditures; fostering of the city's commercial and industrial growth; and protecting of both residential and nonresidential development.

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

The existing zoning ordinance of Mendon City, including maps, is hereby superseded and amended to read as set forth herein; provided, however, this ordinance shall be deemed a continuation of the previous ordinance, and not a new enactment, insofar as the substance of revisions of the previous ordinance is included, whether in the same or in different language; and this ordinance shall be so interpreted upon all questions of construction, including, but not limited to, questions of construction relating to tenure of officers and boards established by previous ordinance and to questions of conforming or nonconforming uses, buildings, or structures, and to questions as to dates upon which such uses, buildings, or structures became conforming or nonconforming.

The construction, alteration, repair (more than $3,000.00), removal, or changes to occupancy of any structure or any part thereof, as provided or as restricted in this ordinance, shall not be commenced, or proceeded with, except after the issuance of a written permit for the same by the city building inspector. Building permits are time sensitive and are valid for up to 2 years with substantial work towards completion required. Structures that are less than 200 square feet in gross area, without utilities, and height less than sixteen (16) feet do not require a building permit. Alterations for the purposes of decorative updates, not affecting plumbing, electrical, or structure, non-hazardous and not hidden from view to future owners do not require a permit. All applications for building permits for commercial and residential land uses shall be accompanied by a site plan, drawn to scale, showing the actual dimensions of the lot to be built upon, the size and location of the existing buildings, buildings to be erected, dimensions and distance from structures to property lines, easements, natural water, offsets, site grading and drainage, evidence of secondary water, location of current septic tank and field (if applicable), and the buildings existing on adjacent property. In addition, the application shall be accompanied by a septic tank permit (if applicable), proof of property ownership, a detailed copy of the building plans, a completed plan submittal with checklist and verification of availability of necessary utilities on site, and such other information as may be necessary to provide for the approval of permit and enforcement of this ordinance. In addition, Lot grading plans are required when any structure requiring a permit is built in Mendon City and are a review and approval process part of but in addition to approval of the building permit process. A lot grading plan shall show existing and proposed topography of a lot, setbacks from all property lines, the foot print of the proposed structure as well as a proposed or existing location for the septic system. A lot grading plan may include a geotechnical report which describes the soil conditions found in the location where a structure site is proposed if such is requested by the City Engineer or otherwise warranted by the building site. See 11:22 for details of plan. All lot grading plans must be approved by City Engineer as part of MCLUA. The city fine system for properties constructed or altered without permits based on the work completed will be determined by current prevailing fee schedule. The city may also require work in process or completed to be altered or removed. Lack of immediate response or fine to non-permitted work does not constitute approval. A careful record of such applications and site plans shall be kept by the City in charge of building permits or other officer charged with administration and enforcement. A fee shall be charged for each building permit as determined by the cost of the building. No yard or other open space provided about any building for the purpose of complying with the provisions of these regulations shall be used as a yard or open space for another building.

In the opinion of the City Council, it is necessary to the health, peace, and safety of the inhabitants of Mendon City, Utah, that this ordinance shall take effect upon its first publication. Adopted and passed by the City Council of Mendon, Utah, this 10th day of September, 2020.

For the purposes of this ordinance, certain words and terms are defined as follows: (Words used in the present tense include the future; words in the singular number include the plural and the plural the singular.) For additional definitions and terms, refer to the applicable national code, i.e. IBC, IRC, national electrical, plumbing, and mechanical codes, ANSI, ADA codes. A. "Accessory Use or Building" A subordinate use or building, customarily incidental to, and located upon, the same lot occupied by the main use building. “Administrative Land Use Authority” or “ALUA” means an individual employed by or under contract with the City, in consultation with designated city staff and Planning and Zoning “P&Z” Chair, who acts as the ALUA to review the initial application, the subdivision preliminary plan application, and subdivision final plan application and to make the preliminary and final determination to approve or deny the applications. The ALUA may not include the city council or any member of the city council. "Agriculture" The tilling of the soil, the raising of crops, the practice of horticulture, and the act of gardening, but not including the keeping or raising of domestic animals and fowl, except household pets, and not including any agricultural industry or business such as fruit packing plants, fur farms, animal hospitals, or similar uses. "Apartment Motel" Any building or group of buildings which contain dwelling units and satisfies the definition of a motel as defined in this ordinance. "Apartment House" See Dwelling, Multi-family. B. "Basement" A story partially underground. A basement shall be counted as a story for purposes of height measurement if one-half (1/2) of its height is above the average level of the adjoining ground. "Boarding House" A building where, for compensation, meals are provided for at least five (5) but not more than fifteen (15) persons who would not commonly be considered as part of the immediate household. "Building" Any structure having a roof supported by columns or walls for permanent use. "Building, Height Of" The vertical distance from the adjacent grade to the highest point of the coping to a flat roof or to the deck line of a mansard roof, or to the highest point of a gable, hip, or gambrel roof. The height of a stepped or terraced building is the maximum height of any segment of the building. "Building, Main" The principal building or one of the principal buildings upon a lot, or the buildings or one of the principal buildings housing the principal use upon a lot. C. "Carport" A private garage not completely enclosed by walls or doors. For the purposes of this ordinance, a carport shall be subject to all the regulations prescribed for a private garage. "Cellar" A story having more than one-half (1/2) of its height below the average level of the adjoining ground. "Club or Lodge" A private building used by an auxiliary, fraternal, or veteran’s organization for the use and enjoyment of the membership and their guests. "Court" An unoccupied space on a lot, other than a yard, designed to be partially surrounded by group dwellings. D. "Dairy" A commercial establishment for the manufacture of dairy products, not including the retail sale of said products. "District" A portion of the incorporated area of Mendon City shown on a map attached to this Zoning Ordinance and given a district designation. "Dwelling" Any building or portion thereof, which is designed for use for residential purposes except hotels, apartment hotels, boarding houses, lodging houses, motels, apartment motels, fraternities, and sororities. "Dwelling, Accessory" An accessory dwelling unit (ADU) is a dwelling which is part of an existing single-family owner-occupied home, or garage which is attached to the single-family home, and is clearly secondary to the single-family home. The ADU shall have a kitchen, bathroom, and bedroom arrangement. The accessory dwelling unit may be rented so that the owner-occupant may benefit from the additional income. The owner may also elect to occupy the accessory dwelling unit and rent the principal dwelling unit. Rental of ADU’s requires owner occupancy of one unit on the property. "Dwelling, Multi-family" A structure, or portion thereof, containing two (2) or more dwelling units or apartments, where all such units are located on the same property. "Dwelling, Single Family Detached" A detached structure which accommodates a single dwelling or a manufactured home constructed on or after June 15, 1976 and is attached to a permanent foundation in accordance with the Utah Code §§ 10-9-106.5 and 58-56-3. E. "Enforcement Official" Mayor or city council appointee. "Equestrian Park" A facility where horses are kept or boarded and open to the public for the purposes of providing riding lessons or equestrian competitions. F. "Family" One (1) individual, or two (2) or more persons related by blood, marriage, or adoption, living together in a single dwelling unit, and maintaining a common household. A family may include four, but not more than four (4), non-related persons living with the residing family. The term “family” shall not be construed to mean a group of non-related individuals, such as a fraternity, club, or institutional group. "Family Food Production" Reference page 14-15 section 3.20 Animals and Fowl "Frontage" The portion of a lot which borders a city street. G. "Garage, Private" An accessory building designed or used for the storage of no more than four (4) automobiles or trucks, no more than two and one-half (2 1/2) ton capacity owned, and used by the occupants of the building to which it is accessory; On a lot occupied by a multiple-family dwelling, the private garage may be designed and used for storage of one and one-half (1 1/2) times as many automobiles as there are dwelling units in the multiple dwelling. On a lot with a dwelling, a garage shall be considered a part of the dwelling if the two (2) structures have one (1) or more walls in common; where a garage is thus part of a dwelling, it shall require the same side yard and front yard as a dwelling in the same district. Where a garage is not thus part of a dwelling it must be provided with a front yard and a side yard equal to that required for a dwelling in that same district. "Garage, Public" A building, or a portion thereof, other than a private garage, designed and/or used for servicing, repairing, equipping, hiring, selling, or storing motor-driven vehicles. "Grade" The elevation of the finished surface of the ground adjacent to the midpoint of any exterior wall of a building or structure. H. "Home Occupation" An occupation, profession, activity, or use which is clearly an incidental and secondary use of a residential dwelling unit and which does not alter the exterior of the property or affect the rural or residential character of the neighborhood. "Hotel" A building designed for, or occupied as, the more or less temporary abiding place of sixteen (16) or more individuals who are, for compensation, lodged, with or without meals, and in which no provision is made for cooking in any individual room or suite. "Household Pets" Animals ordinarily permitted in the house and kept for company or pleasure, including, but not limited to, dogs, cats, exotic birds, pot-bellied pigs, or pygmy goats, but not including a sufficient number of dogs to constitute a kennel, as defined in this ordinance. J. "Junk Yard" The use of any lot, portion of a lot, or tract of land for the storage, keeping, or abandonment of junk, including scrap metal, or other scrap material, or for the dismantling, demolition, or abandonment of automobiles, other vehicles, machinery, or machinery parts thereof; PROVIDED, that this definition shall not be deemed to include such uses which are clearly accessory and incidental to any agricultural use permitted in the district. K. "Kennel, Commercial" Any premises or portion thereof on which five (5) or more domestic dogs are maintained, harbored, possessed, trained, bred, boarded, or cared for, in return for compensation, but not including an animal clinic, animal hospital, or veterinary office. "Kennel, Hobby" A facility located at the private dwelling of the dog owner, where five (5) to ten (10) of the owner’s dogs are maintained for purposes of breeding, hunting, organizing field trials, obedience training, competing, securing premises, or for personal enjoyment. L. "Limited Family Food Production" Reference page 14-15 section 3.20 Animals and Fowl "Livestock Feedyard" A commercial operation on a parcel of land where livestock are kept in corrals or yards for extended periods of time at a density which permits little movement, and where all feed is provided for the purpose of fattening or maintaining the condition of livestock prior to their shipment to a stockyard for sale, etc. "Lodging House" A building where lodging is provided for compensation for five (5) to fifteen (15) persons. "Lot" A parcel of land occupied, or to be occupied, by a main building or group of buildings (main and accessory), together with yards, open spaces, lot width, and lot area as are required by this ordinance and having frontage upon a street. Except for group dwellings, where more than one (1) dwelling is placed on a lot, each dwelling structure shall be provided with the minimum lot frontage, lot area, front yard, rear yard, and side yards as are required for any one (1) such dwelling structure on a lot in the same district. In general, the longitudinal axis of any lot shall run East to West. "Lot, Corner" A lot abutting on two (2) intersections or intersecting streets, where the interior angle or intersection or interception does not exceed one hundred thirty-five (135) degrees. M. "Manufactured Home" A transportable, factory-built housing unit constructed on or after June 15, 1976, according to the Federal Home Construction and Safety Standards Act of 1974, in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or when erected on site, is four hundred (400) or more square feet, and which is built to be on a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. The manufactured home must be attached to a permanent foundation in accordance with plans providing for vertical loads, uplift, lateral forces, and frost protection in compliance with the applicable building code to be considered a single-family dwelling. The home shall be manufactured to current building codes and standards. “Mendon City Administrative Land Use Authority” has the same meaning as “Administrative Land Use Authority” or “ALUA”. This ALUA may not include the city council or any member of the city council. "Mobile Home" A transportable, factory-built housing unit built prior to June 15, 1976, in accordance with a state mobile home code which existed prior to the Federal Manufactured Housing and Safety Standards Act. "Motel" A group of attached buildings containing individual sleeping rooms designed for, or used temporarily by, automobile tourists or transients, with a garage attached or a parking space conveniently located to each unit. N. "Natural Waterways" Includes rivers, streams, creeks, springs, gullies, or washes, varying in width, which are natural drainage channels or watercourses, being permanent and/or ephemeral in nature, as determined by the City Engineer or Public Works Director. "Nonconforming Building or Structure" A building, structure, or portion thereof, lawfully existing at the time this ordinance became effective, which does not conform to all the height, area, and yard regulations herein prescribed for the zone in which it is located. "Nonconforming Use" A use which lawfully occupied a building or land at the time this ordinance became effective and which does not conform with the use regulations of the zone in which it is located. "Nursing Home/Assisted Living Center" An establishment which provides permanent provisions for living, sleeping, eating, cooking, and sanitizing and which provides health care needs to more than eight (8) individuals who, at a minimum, require: 1) inpatient care and services for twenty-four (24) or more consecutive hours for unstable chronic health problems, 2) daily professional nursing supervision and licensed nursing care on a twenty-four (24) hour basis, and 3) restorative, rehabilitative care, and assistance in meeting daily living needs. Medical supervision may be necessary on a regular, but not daily, basis. A nursing home shall include, but not be limited to, skilled nursing facility, nursing facility, convalescent home, intermediate care, and sub-acute care. O. "Outbuilding" Any building not attached to the main building, the use of which supports, or is supplemental to, the main use of the lot. "Owner Occupied" Either the principal dwelling unit or the accessory dwelling unit is occupied by a person who has a legal or equitable ownership interest in the property and bears all or part of the economic risk of decline in value of the property and who receives all or part of the remuneration, if any, derived from the lease or rental of the dwelling unit. P. "Parking Lot" An open area, other than a street, used for the temporary parking of more than four (4) automobiles and available for public use, whether free, for compensation, or as an accommodation for clients, or customers. "Parking Space" A space not less than nine (9) feet wide by eighteen (18) feet long within a building, lot or parking lot for the temporary parking or storage of one (1) automobile. "Private Airport/Runway" Any land designated or used for the landing of manned aircraft. "Private Road/Way/Common Driveway" A privately owned and maintained right-of-way, road, street, or driveway serving more than one residential property under private ownership, which has been constructed for the purpose of providing access to adjoining property and has not been accepted as a public road by Mendon City. The private road/way or common driveway must meet the standards described below, regardless of whether the lots being served are part of a subdivision. "Professional Person" Doctor, lawyer, architect, landscape architect, engineer, artist, planner, teacher, or other person whose occupation normally requires a college degree to indicate proficiency sufficient to allow the practice. "Public Street/Road" A street or road, accepted by, and under the jurisdiction of, Mendon City, the Cache County Road Commission, or the State of Utah Department of Transportation, for the purpose of providing access to adjoining property, and open to the public so that persons other than the occupants of adjoining property may travel thereon. R. "Restricted Lot" A parcel of land severed, or placed in separate ownership, after the effective date of this ordinance which does not meet all area, width, setback, yard, or other requirements of this ordinance for a lot, the creation of which has caused any adjacent lot from which it was severed to be insufficient in area, width, setback, yard, or other requirements, when such adjacent lot has a structure on it or a building permit issued for such structure. "Retail Sales" The purchase of finished goods and services by consumers and businesses. These goods and services have made it to the end of the supply chain, which chain starts with the goods producer or provider and ends with the retailer. Retail outlets include brick-and-mortar stores like Target and Macy's, online retailers such as Amazon, home sales such as Avon Products, and TV retailers like QVC. The retail industry also sells services, including restaurants, hotels, and hairdressers. "Right-Of-Way" The right of an owner of property, by reasons of such ownership, to use the property of another for purposes of ingress, egress, utilities, drainage, and similar uses. In the context of this ordinance, private right-of-way shall be designated for purposes of vehicle ingress and egress. S. "Sensitive Lands" Any area which exhibits environmental characteristics that are critical to protect the public health, safety, and welfare or that enhance the beauty of the community. "Shipping/Storage Container" a container with strength suitable to withstand shipment, storage, and handling. Shipping/storage containers must be designed to be moved from one mode of transport to another without unloading and reloading. "Sign" Any device displayed out-of-doors and used for visual communication to the general public, including signs painted on exterior walls and interior illuminated signs to be viewed from out-of-doors, but not including any flag, badge, or ensign of any governmental agency. "Sign, Advertising" A sign which directs attention to a use, product, commodity, or service not related to the premises. "Sigh, Business" A sign which directs attention to a use conducted, a product or commodity sold, a service performed, or a home occupation conducted upon the premises. "Sign, Identification" A sign displayed to indicate the name or nature of buildings, to show uses other than commercial, or to signal industrial uses located upon the premises. "Sign, Name Plate" A sign indicating the name and/or occupation of a person residing on the premises or legally occupying the premises. "Sign, Property" A sign related to the property on which it is located and offering such property for sale or lease. Also used for advertising contemplated improvements, warning against trespassing, or announcing the name of the builder, owner, designer, or developer of the project. "Sign, Public Information" A sign erected by a public or nonprofit agency, service club, or other organization, which gives information to direct the public to both public and private facilities and major uses. "Sign, Temporary" Any sign, banner, pennant or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard, or other light materials, with or without frames, intended to be displayed for a short period of time only. "Social Hall" An establishment, or portion thereof, used for social gatherings including, but not limited to, weddings, receptions, dinners, bazaars, banquets, and reunions. "Stable, Private" A detached accessory building for the keeping of horses owned by the occupants of the premises and not kept for remuneration, hire, or sale. "Stable, Public" A stable other than a private stable. "Story" The portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above. The topmost story shall be the portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. "Story, Half" A story with at least two (2) of its opposite sides situated in a sloping roof, the floor area of which does not exceed two-thirds (2/3) of the floor immediately below it. "Street" A public thoroughfare which affords principal means of access to abutting property and is more than twenty-six (26) feet wide. "Structure" Anything constructed, or erected, which requires location on the ground or attached to something having a location on the ground. "Structural Change" Any change in supporting members of a building, such as bearing walls, columns, beams, or girders. T. "Tower or Antenna Structure" Any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves external to, or attached to, the exterior of any structure. "Trailer/Mobile Home/Camper" A vehicle with or without motive power, designed to be used for human habitation. "Trailer Camp/Mobile Home Park" Any area or tract of land used or designed to accommodate two (2) or more trailers or camping parties. V. "Veterinary or Animal Hospital" A building where both large and small animals are kept and/or treated by a licensed veterinarian. Y. "Yard" An open space on a lot, other than a court, which is unoccupied and unobstructed from the ground upward, except as otherwise provided herein. "Yard, Front" An open space on the same lot with a building, between the front line of the building (exclusive of steps) and the front lot or street line, and extending across the full width of the lot. "Yard, Rear" An open, unoccupied space on the same lot with a building, between the rear line of the building (exclusive of steps) and the rear line of the lot and extending from the side yard line to the other side yard line. "Yard, Side" An open, unoccupied space on the same lot with a building, between the sideline of the building (exclusive of steps) and the sideline of the lot and extending from the front yard line to the rear yard line. Z. "Zone" Same as "District".