A.   Except as may be authorized through the approval of a large-scale development, each lot or parcel shall abut upon a City maintained street.

      1.   The length of said abutting side as measured at the setback line shall be not less than the minimum frontage requirement of the zone;

      2.   The Planning Commission may authorize a reduction of the minimum frontage requirement subject to the following conditions:

         a.   The lot or parcel will abut the city maintained street for a minimum distance of thirty five feet (35');

         b.   The buildable portion of the lot or parcel shall comply with the minimum area, width and setback requirements of the zone;

         c.   The lot or parcel configuration created by the granting of the reduction will not result in an undue adverse condition for the proper development of adjacent properties;

         d.   In the opinion of the Planning Commission, the reduction of the frontage requirement is necessary to more fully promote the effective and proper development of the city.

   B.   All lots in an approved subdivision plat which have frontages of less than the minimum shall be considered as having qualified under the frontage reduction provisions of subsection 10-2-1A(2).

   C.   Flag-shaped or panhandle shaped lots may be created in developments if all of the following requirements are met: a. The lot has at least twenty five feet (25') of frontage on a dedicated public street, which served as access only to the subject lot or parcel. b. The "handle" portion of the lot is at least twenty five feet (25') in width, and not more than two hundred fifty feet (250') in length. c. The body of the lot meets the lot area and lot width and setback requirements of the applicable zone. (Ord. passed 11-29-2022; amd. Ord. 2024-02, 2-27-2024; Ord. passed 5-27-2025)

Uses of land which are not expressly permitted within a zone are expressly prohibited therein, except as may be permitted by action of the appeal authority. The appeal authority shall not permit a use within a zone which is not expressly permitted by the terms of this title. (Ord. passed 11-29-2022; amd. Ord. 2024-02, 2-27-2024)

   A.   To make a parcel boundary adjustment, a property owner shall execute a boundary adjustment through:

      1.   A quitclaim deed; or

      2.   A boundary line agreement under section 10-2-4; and

      3.   Record the quitclaim deed or boundary line agreement in the office of the county recorder of the county in which each property is located.

   B.   To make a lot line adjustment, a property owner shall obtain approval of the boundary adjustment under section 10-2-4; and execute a boundary adjustment through:

      1.   A quit claim deed; or

      2.   A boundary line agreement; and

      3.   Record the quitclaim deed or boundary line agreement in the office of the county recorder of the county in which the property is located.

   C.   A parcel boundary adjustment under subsection 10-2-4 is not subject to review of the city unless:

      1.   The parcel includes a dwelling;

      2.   The city's approval is required under subsection 10-2-4(G); or

      3.   The adjustment includes property that is a lot.

   D.   The recording of a boundary line agreement or other document used to adjust a mutual boundary line that is not subject to review by the city

      1.   Does not constitute a land use approval; and

      2.   Does not affect the validity of the boundary line agreement or other document used to adjust a mutual boundary line.

   E.   The city may withhold approval of a land use application for property that is subject to a recorded boundary line agreement or other document used to adjust a mutual boundary line if the city determines that the lots or parcels, as adjusted by the boundary line agreement or other document used to adjust the mutual boundary line, are not in compliance with the city's land use regulations in effect on the day on which the boundary line agreement or other document used to adjust the mutual boundary line is recorded. (Ord. passed 11-29-2022; amd. Ord. 2024-02, 2-27-2024)

   A.   If properly executed and acknowledged as required by law, an agreement between owners of adjoining property that designates the boundary line between the adjoining properties acts, upon recording in the office of the recorder in the county in which each property is located, as a quitclaim deed to convey all of each party's right, title, interest, and estate in property outside the agreed boundary line that had been the subject of the boundary line agreement or dispute that lead to the boundary line agreement.

   B.   Adjoining property owners executing a boundary line agreement described in this section shall ensure that the agreement includes:

      1.   A legal description of the agreed upon boundary line and each parcel or lot after the boundary line changed;

      2.   The name and signature of each grantor that is party to the agreement;

      3.   A sufficient acknowledgment for each grantor's signature;

      4.   The address of each grantee for assessment purposes;

      5.   A legal description of the parcel or lot each grantor owns before the boundary line is changed; and

      6.   The date of the agreement if the date is not included in the acknowledgment in a form substantially similar to a quitclaim deed as described in section ---.

   C.   If any of the property subject to the boundary line agreement is a lot, prepare an amended plat in accordance with city code 11-1-5 Subdivision Amendments before executing the boundary line agreement.

   D.   If none of the property subject to the boundary line agreement is a lot, ensure that the boundary line agreement includes a statement citing the file number of a record of survey map, unless the statement is exempted by the City.

   E.   A boundary line agreement described in subsection A. that complies with subsection; B. presumptively:

      1.   Has no detrimental effect on any easement on the property that is recorded before the day on which the agreement is executed unless the owner of the property benefitting from the easement specifically modifies the easement within the boundary line agreement or a separate recorded easement modification or relinquishment document; and

      2.   Relocates the parties' common boundary line for an exchange of consideration.

   F.   Notwithstanding Title 11, Subdivisions, a boundary line agreement that only affects parcels is not subject to:

      1.   Any public notice, public hearing, or preliminary platting requirement;

      2.   The review of a land use authority; or

      3.   An engineering review or approval of the city, except as provided in subsection G(2)(e).

   G.   City Planning and Zoning Administrator review and approval of boundary-line adjustment containing a dwelling.

      1.   The administrator shall review a boundary-line agreement containing a dwelling unit within fourteen (14) days of the date on which the property owner submits the boundary-line agreement for review.

      2.   The administrator shall review the boundary-line agreement for compliance with the standards of the zone in which the property is located. The administrator may also consider whether the following criteria apply when considering whether to approve the boundary line agreement:

         a.   The adjusted boundary line reduces the frontage of the lot or parcel containing the dwelling to less than required for the zone; or

         b.   The adjusted boundary line reduces any setback of the lot or parcel containing the dwelling to less than required for the zone; or

         c.   The adjusted boundary line reduces the area of the lot or parcel containing the dwelling to less than required; or

         d.   The adjusted boundary line affects an existing or future city street; or

         e.   The adjusted boundary line affects drainage corridors or requires engineering review, regardless of whether a dwelling is present.

         f.   If the boundary-line agreement does not provide the administrator with sufficient information the administrator shall send a written notice to the property owner requesting the specific information needed. Said notice will be sent within the review period defined in subsection 3 of this section.

      3.   The administrator shall issue a written decision to the property owner within fourteen (14) days of the date on which the property owner submits the boundary-line agreement for review.

         a.   If the administrator fails to send a written notice within the time period described in subsection 3 of this section, the property owner may record the boundary-line agreement as if no review was required. (Ord. passed 11-29-2022; amd. Ord. 2024-02, 2-27-2024)

   A.   At the time any residence or any public or commercial building is erected, hard surfaced off street parking spaces of cement or asphalt shall be provided for automobiles on private property.

   B.   At the time any residence or building is enlarged or increased in capacity, or any use is established or changed, thereby creating the need for additional parking, off street hard surfaced parking spaces of cement or asphalt shall be provided on private property.

   C.   Provision of off-street parking shall be in accordance with the following requirements:

      1.   Size:

         a.   The dimensions of each off-street parking space or stall shall be at least nine feet by eighteen feet (9' x 18'), for diagonal or ninety-degree (90°) spaces; or nine by twenty-two feet (9 x 22') for parallel spaces, exclusive of access drives or aisles.

         b.   A parking stall may be reduced by two feet (2') lengthwise if landscaping separated from the paved area of the parking stall by a curb or tire bumper guard is provided in the remaining two feet (2') of the parking stall. All areas within the parking area that are not paved shall be landscaped.

      2.   Access To Individual Parking Spaces: Except for single-family and two-family dwellings, access to each parking space shall be from a private driveway and not from a city street.

         a.   One-way driveways shall be a minimum of twelve feet (12') in width.

         b.   Two-way driveways shall be a minimum of twenty-five feet (25') in width.

         c.   All garage and carport spaces shall be set back a minimum of twenty feet (20') from the private access drive serving them.

         d.   Garage and carport spaces shall be counted as one (1) parking space unless: 1) Such garage or carport is a minimum of four hundred eighty (480) square feet with a minimum width of twenty feet (20'); or 2) The individual driveway to the garage or carport is at least twenty feet (20') in length, in which case such parking areas shall count as two (2) spaces.

      3.   Parking Spaces Required for Residential Areas: The number of off-street parking spaces required for residential development shall be as follows:

         a.   Single-Family Dwelling: Two (2) parking spaces per single-family dwelling. Tandem parking shall be allowed at single- family residences only.

         b.   Detached Accessory Dwelling Unit: One (1) parking space shall be provided.

         c.   All Other Dwellings:

            (1)   All other dwellings, including townhouses and condominiums, shall have two (2) parking spaces per dwelling unit. Covered parking may be located within the side and rear setback areas. No street parking shall be counted toward meeting the parking requirement. Tandem parking shall not count toward the parking requirement. No parking area shall be located within the required front setback facing a city street. All parking shall be on site.

            (2)   Front yard setback from streets shall be twenty feet (20') minimum from property lines for garages or carports.

            (3)   In residential zones, no recreational vehicle shall be parked or stored unless it conforms to the requirements of section 10-2-3 of this chapter. (Corner lots are considered to have 2 front yard areas.) (Ord. 2016-6, 6-28-2016)

      4.   Parking Spaces Required for Nonresidential Areas: The number of off-street parking spaces required for all nonresidential developments shall be as follows:

         a.   Business Or Professional Offices: One (1) space for each two hundred fifty (250) square feet of gross floor area.

         b.   Churches, Sports Arenas, Auditoriums, Theaters, Assembly Halls, Lodge Halls, Or Other Meeting Rooms: One (1) space for each four (4) fixed seats of maximum seating capacity, or one (1) space for each thirty-five (35) square feet of seating area within the main auditorium where there are no fixed seats. Eighteen (18) linear inches of bench shall be considered a fixed seat.

         c.   Stores, Appliance Stores and Lumberyards: One (1) space for each six hundred (600) square feet of floor area.

         d.   Hospitals: Two (2) parking spaces for each bed.

         e.   Nursing Homes, Care Centers: Two (2) parking space for each five (5) beds.

         f.   Hotels, Motels, Motor Hotels: One (1) space for each living or sleeping unit, plus two (2) spaces for resident manager or owner.

         g.   Retail Stores and Shops, Commercial Banks, Savings and Loan Offices, And Other Financial Institutions, General Retail Stores, Food Stores, Supermarkets, Drugstores and Other Similar Commercial Businesses: One (1) space for each two hundred fifty (250) square feet of gross floor area.

         h.   Mortuaries and Funeral Homes: Five (5) spaces plus one (1) space for each thirty-five (35) square feet of assembly room floor area.

         i.   Automotive Repair and Supply: One (1) space for each four hundred (400) square feet of gross floor area.

         j.   Bowling Alleys and Billiard Halls: Five (5) spaces for each alley, plus two (2) spaces for each billiard table contained therein.

         k.   Libraries: One (1) space for each three hundred (300) square feet of gross floor area.

         l.   Restaurants, Taverns, Lounges, Drive-In, Drive-Through, Take-Out Restaurants and Other Establishments Where Food or Beverages Are Consumed: Ten (10) spaces minimum, or one (1) space for each one hundred (100) square feet of gross floor area, whichever is greater.

         m.   Day Nurseries in Commercial Zones, Including Preschools and Nursery Schools: One (1) space for each staff member, plus one (1) space for each five (5) children for which said establishment is licensed.

         n.   Golf Courses: Six (6) spaces per hole.

         o.   Skating Rinks, Ice or Roller: One (1) space for each three hundred (300) square feet of gross floor area.

         p.   Swimming Pools (Public): One (1) space for each one hundred (100) square feet of water surface, or ten (10) stalls, whichever is greater.

         q.   Tennis, Handball and Racquetball Courts (Commercial): Six (6) spaces minimum, or three (3) spaces per court, whichever is greater.

         r.   Studios and Spas: One (1) space for each two hundred fifty (250) square feet of gross floor area, or ten (10) spaces minimum, whichever is greater.

         s.   Educational Uses:

            (1)   Elementary: Two (2) spaces per classroom.

            (2)   Senior and junior high schools: One (1) space for each member of the faculty and one (1) space for each six (6) regularly enrolled students.

            (3)   College, universities, trade schools: One (1) space for each faculty member, plus one (1) space for each three (3) students.

            (4)   Schools having an arena or auditorium shall meet this requirement or the requirements of subsection C.4.b of this section, whichever is greater.

         t.   Veterinary Hospitals: Five (5) spaces for each doctor.

         u.   Manufacturing Plants, Warehouses, Storage Buildings or Structures Especially for Storage Purposes: One (1) space for each one thousand (1,000) square feet of gross floor area and one (1) space for each two hundred fifty (250) square feet of office or sales area.

         v.   Service Commercial Businesses: Businesses such as electrical, plumbing, cabinets, printing and other similar shops shall have one (1) space for each two hundred fifty (250) square feet of retail or office area and one (1) space for each five hundred (500) square feet of additional building area.

         w.   Outdoor Sales Lots for Autos, Mobile Homes And Recreational Vehicles: One (1) space for each seven (7) vehicles or items of equipment to be displayed, plus two (2) spaces for manager and employee parking.

         x.   Consideration By Planning Commission:

            (1)   Notwithstanding all provisions of this section the planning commission shall: Take into account in each instance of nonresidential parking the type of development, use, location, adjoining uses and possible future uses in setting parking requirements, and

            (2)   Recommend to the City Council a requirement of that number of spaces it deems reasonably necessary in each instance for all employees, business vehicles and equipment, customers, clients and patients of such nonresidential property.

         y.   Reduction: Where the applicant can demonstrate that adequate off-street parking exists, the city council, upon recommendation of the planning commission, may grant a parking reduction of up to twenty five percent (25%) of the listed parking requirement for new construction in the commercial zones.

   D.   Parking On Unimproved Lots; Vehicle Display:

      1.   Parking of more than three (3) vehicles on any unimproved lot or parcel is prohibited.

      2.   Parking of vehicles for display other than in designated and improved areas is prohibited.

   E.   Parking Lot Lights: Parking lots used during hours of darkness shall be lighted by standards a maximum of sixteen feet (16') in height above grade and using indirect, hooded light sources.

   F   Development Standards: Every lot or parcel of land hereafter used as a parking lot shall:

      1.   Be paved with an approved surfacing material of asphalt or concrete composition or some other all-weather surfacing material approved by the Planning Commission;

      2.   Have appropriate bumper guards where needed as determined by the Planning Commission; and

      3.   Lights used to illuminate the lot shall be so arranged as to reflect the light away from the adjoining premises wherever those premises are used for residence or sleeping purposes.

   H.   Optional Provisions; Shared Parking Facilities:

      1.   Shared parking facilities may be used jointly with parking facilities for other uses when operations are not normally conducted during the same hours, or when peak uses vary.

      2.   Requests for shared parking are subject to the approval of the Planning Commission in accordance with the following guidelines:

         a.   Sufficient evidence shall be presented to show that there will be no substantial conflict in the periods of peak demand of uses for which joint use is proposed.

         b.   The number of parking stalls which may be credited against the requirements for the uses involved will not exceed the number of spaces that may normally be required for any one of the uses sharing the parking.

         c.   Parking facilities should not be located further than two hundred fifty feet (250') from any use proposing to use such parking and should be contiguous to the businesses sharing the lot.

         d.   A written agreement shall be executed by all parties concerned, assuring the continued availability of shared parking facilities in the event that one of the uses shall be sold or otherwise change ownership or management.

   I.   Uses Not Specifically Identified Above: For all parking uses not listed above, the Planning Commission shall determine the number of spaces required based upon the nearest comparable use standard available.

   J.   Adjust Or Reduce Off-Street Parking Requirements: The planning commission may approve substitute parking locations where sufficient off-street parking is readily available within the vicinity and/or where acquisition of land for such use is not necessary to carry out the spirit of this title. (Ord. 2012-01, 7-10-2012; amd. Ord. 2016-6, 6-28-2016; Ord. passed 11-29-2022; Ord. 2024-02, 2-27-2024)

A building permit shall be required for the placement, construction, and/or alterations of all signs, unless a sign qualifies as an exempt sign or an identified temporary sign. Nothing in this section shall be construed to limit a property owner's right to express a religious, political, or other protected right through speech.

   A.   Signs On Highway:

      1.   Height Limitations: There shall be a thirty-five-foot (35') height limitation for all signs that front on a highway (including freestanding, wall and roof signs).

      2.   Size Limitations:

         a.   Three hundred twenty (320) square feet maximum per lot.

         b.   One hundred sixty (160) square feet per individual sign face.

         c.   Square footage is two (2) square feet for each linear foot of frontage along a public right of way, not to exceed three hundred twenty (320) square feet.

   B.   Signs On City Streets in Zones C-1, C-2, I-1:

      1.   Height Limitations: There shall be a twenty-foot (20') height limitation for all signs that front a highway (including freestanding, wall and roof signs).

      2.   Size Limitations on City Streets: Size limitations for signs that do not front a highway are as follows:

         a.   One hundred sixty (160) square feet maximum per lot.

         b.   Maximum square footage is one (1) square foot for each linear foot of frontage along a public right of way, not to exceed one hundred sixty (160) square feet.

         c.   The total square footage on a lot with two (2) tenants must be divided between the tenants with proportions decided by the tenants and/or landlords and cannot exceed one hundred (100) square feet per individual sign face.

      3.   Projecting And Suspended Signs:

         a.   The height limit will be a maximum of thirty-five feet (35') or the height of the wall of the building, whichever is lower.

         b.   There shall be an eight foot (8') minimum vertical clearance above sidewalks, walking areas, or rights of way, and thirty-six (36) square feet maximum size per sign face.

         c.   Owners of projecting signs over public rights of way must furnish proof of liability insurance for such signs before a permit will be issued.

      4.   Roof Signs:

         a.   Shall not exceed five feet (5') above the wall line or top of the exterior wall; unless

         b.   If the peak of the roof is over four feet (4') above the wall line, roof signs cannot exceed the height of the peak.

         c.   All roof signs must adhere to a thirty-five foot (35') overall height limitation.

      5.   Lighted Signs:

         a.   All lighted signs shall have stationary and constant lighting. Signs which use subtle lighting changes as part of a video screen, or electronic message center, are permitted.

         b.   Lighted signs adjacent to A-1, R-1 and R-2 zones shall be subdued and shall not be allowed to penetrate beyond the property in such a manner as to annoy or interfere with the adjacent residential properties. Any complaints concerning lighted signs adjacent to residential properties can be taken before the city council. The city council has the authority to dismiss unreasonable complaints or require the sign(s) to be shielded.

   C.   Signs in Residential Zones (R-1, R-2):

      1.   No advertising signs of any kind shall be allowed in any residential zone, except signs pertaining to the sale or lease of residential property, nameplates, institutional signs, or signs indicating the existence of:

         a.   An office of a professional person;

         b.   A home occupation; or

         c.   A guest apartment and/or bed and breakfast establishment.

      2.   Except for institutional signs as described below, no lighted signs will be permitted.

      3.   Residential signs, except for apartments and public and religious institutional signs, shall not exceed two (2) square feet in size.

         a.   Apartments and guest apartments may be allowed up to sixteen (16) square feet of signage if they have more than four (4) units; quadraplexes, triplexes and duplexes may be allowed up to eight (8) square feet of signage. (See exempt and temporary sign subsections 1 for exceptions to the square foot rule.)

         b.   Public, public educational, or religious institutional signs shall be located entirely upon the premises of that institution, shall not exceed an area of fifty (50) square feet per frontage, and will be permitted to have indirect lighting. If mounted on a building, these signs shall be flat wall signs and shall not project above the roofline. If ground mounted, the top shall be no more than six feet (6') above ground level.

         c.   Nonprofit, charitable, and private institutional signs in residential zones shall not exceed two (2) square feet.

   D.   Flags: Flags other than government flags, i.e., country and state, shall be added toward the maximum allowable signage. Flagpoles that display government flags shall not exceed thirty-five feet (35') in height in commercial zones.

   E.   Computations:

      1.   Height: The height of a sign shall be computed as the distance from the highest attached component of the sign to the nearest sidewalk, curb, or street crown, whichever is highest.

      2.   Individual One-Sided Sign: The area of the sign face that will encompass the extreme limits of the display, not including any supporting framework or other backdrop which is clearly incidental to the display, shall be measured.

      3.   Multifaced Signs: The sign area shall be computed by adding together the area of all sign faces visible from any point. When two (2) identical sign faces are placed back- to-back and are part of the same sign structure, not more than forty-two inches (42") apart, the sign area shall be computed by the measurement of one of the faces.

   F.   Number Of Freestanding Signs Per Lot or Parcel:

      1.   Primary Frontage: One (1) freestanding sign per lot; one (1) additional freestanding sign is permitted if property has more than two hundred feet (200') of frontage (exception: shopping center restrictions). Two (2) freestanding signs on one property must be separated by one hundred feet (100'), and the second sign shall not be higher than fifty percent (50%) of the allowed height.

      2.   Secondary Frontage: One (1) freestanding sign is allowed for each additional frontage and shall not be higher than fifty percent (50%) of the allowed height. Two (2) freestanding signs on one property must be separated by one hundred feet (100'), and the second sign shall not be higher than fifty percent (50%) of the allowed height.

   G.   Setbacks:

      1.   Signs may not block traffic visibility.

      2.   If a sign is located at an intersection, the following rules apply:

         a.   Signs located within a forty-five-foot (45') triangle (measured 45 feet from the street corner both ways) must be under two and one-half feet (21/2') tall or should have over eight feet (8') of clearance at the bottom of the sign.

         b.   This triangle shall be maintained in an open manner so as to provide a proper clear view area.

         c.   All advertising signs shall be set back from city streets, a distance at least equal to the distance that buildings are located.

   H.   Shopping Centers; Office Building Complexes:

      1.   Only one (1) freestanding sign is allowed for shopping centers and office building complexes which lease to three (3) or more businesses on one (1) lot of record.

      2.   The group freestanding sign identifying the shopping center/office building complexes and its businesses may use all sign area allowed for that lot.

      3.   In addition, individual businesses may have one (1) square foot of signage for each front line of the building, up to a maximum of one hundred twenty-eight (128) square feet.

   I.   Off Premises Signs:

      1.   Off premises signs shall be limited to Highways 666 491 and 191 and regulated the same as on premises signs.

      2.   Off premises signs may not exceed a maximum of one hundred twenty-eight (128) square feet.

   J.   Prohibited Signs:

      1.   It is prohibited for signs erected after adoption hereof to be in noncompliance with the provisions herein.

      2.   Parked Vehicle Signs: Parked vehicles with a sign painted or placed on them for the express intent of directing attention to a business are prohibited. This does not include vehicles used regularly in the course of conducting daily business activities.

      3.   Signs On Public Rights of Way: No private sign shall be placed on public rights of way.

      4.   Signs Attached to Public Property: No private sign shall be attached to public property or public utility poles.

      5.   Flashing Signs: Signs which use flashing, blinking, or strobing lights are prohibited.

   K.   Temporary Signs:

      1.   Temporary signs shall be figured in the total square footage allowed per lot or parcel.

      2.   Sign owners must designate areas where temporary signs will be displayed.

      3.   Temporary signs displayed outside of designated areas require a permit.

      4.   Temporary signs must be maintained and in good condition while being displayed.

      5.   Signs less than six (6) square feet in size and associated with an event do not require a permit.

      6.   Mobile Changeable Copy Signs: Mobile changeable copy signs shall not exceed thirty-two (32) square feet and shall not be displayed for more than thirty (30) consecutive days.

      7.   Balloon Signs: Balloon signs may be displayed for up to thirty (30) days per lot or parcel, per year.

      8.   Construction Signs:

         a.   No more than one (1) construction sign identifying a project to be built and the project participants shall be allowed per lot or parcel.

         b.   Construction signs in residential zones shall not exceed six (6) square feet in area and five feet (5') in height.

         c.   In commercial zones, the sign area shall not exceed fifty (50) square feet and shall not exceed eight feet (8') in height.

         d.   Construction signs must not exceed the time period of construction and/or the day the business opens, whichever comes first, and shall be counted into the square footage of the total footage allowed for the lot or parcel.

         e.   An additional thirty-two (32) square feet would be allowed in commercial zones for artist renditions of the project.

         f.   Proposed development signs may be allowed for ninety (90) days prior to groundbreaking.

      9.   Political Campaign Signs:

         a.   Political campaign signs shall pertain to a specific election.

         b.   They shall not be located closer than one hundred fifty feet (150') to any designated polling place and shall not exceed thirty-two (32) square feet in area.

         c.   Political campaign signs shall be removed within one (1) day after the election.

         d.   The candidate or person(s) responsible for the placement of the sign shall be responsible for its removal.

      10.   Real Estate Signs:

         a.   In residential zones, real estate signs shall not exceed six (6) square feet in area and five feet (5') in height.

         b.   In commercial zones, real estate signs shall not exceed thirty-two (32) square feet.

         c.   Real estate signs must be placed on the premises of the property being sold.

         d.   Only one (1) sign per street frontage, per real estate company, is permitted.

   L.   Exempt Signs: Sign permits are not required for the following signs unless the limitation and requirements of this section cannot be met:

      1.   Public Signs: Signs of a noncommercial nature, erected by, or on the order of, a public officer in the performance of his duty.

      2.   Integral Signs: Names of buildings, dates of erection, monumental citations, commemorative tablets and the like when carved into stone, concrete or similar material or made of metal or other permanent type construction and made an integral part of the structure.

      3.   Private Traffic Direction Signs: Signs directing traffic movement into a premises or within a premises, not exceeding two (2) square feet in area for each sign.

      Horizontal directional signs on paved areas and flush with paved areas are exempt from these standards. Only one (1) exempt directional sign is allowed per frontage, per lot or parcel.

      4.   Service Sign: A sign that is incidental to a use lawfully occupying the property upon which the sign is located, and which sign is necessary to provide information to the public, such as direction to parking lots, location of restrooms, entrance and exits, etc. These signs shall not exceed two (2) square feet in size.

      5.   Nameplates: A nameplate shall contain only the name of a resident.

      6.   Temporary Decorations: Temporary decorations or displays clearly incidental and associated with national or local holiday celebrations for a period not to exceed ninety (90) days per year, per lot or parcel.

      7.   Nonbusiness Temporary Signs: Temporary signs not associated with a business may be displayed not more than thirty (30) days per year or exceed six (6) square feet in size.

      8.   Rear Entrance Signs: Rear entrance signs, when associated with pedestrian walk through buildings. These signs shall not exceed sixteen (16) square feet in area and shall be flush mounted, identifying only the name of the establishment and containing directional information.

      9.   Menu Signs: Menu signs at drive-in restaurants which are not readable from the nearest public right of way; and signs not visible beyond the boundaries of the lot or parcel upon which they are located or from any public right of way.

      10.   Private Warning or Instructional Signs: Private warning or instructional signs not exceeding two (2) square feet per sign.

      11.   Murals: Murals must be painted or attached to the wall of buildings and are exempt from the sign ordinance except for the lettering and logo portion of the mural.

      12.   Pennants, Window Dressings, Window Banners: Pennants, window dressings, window banners are exempt.

   M.   Design, Construction, Maintenance and Liability:

      1.   All signs shall be designed, constructed, and maintained to comply with applicable provisions of the building codes adopted by the city.

      2.   All signs shall be maintained and in good structural condition.

      3.   Sign owners are liable for their signs.

      4.   The city of Monticello, its officials and other agents, shall in no way be liable for damages caused by signs.

   N.   Abandoned Signs: Any of the following criteria shall be used to determine abandonment:

      1.   A sign which identifies an establishment, service(s), goods or products no longer provided on the premises shall have its copy vacated within thirty (30) days of when the circumstance commenced. If the copy then remains vacant for six (6) months, the sign structure shall be removed by the owner within five (5) working days following expiration of the six (6) month period.

      2.   A sign which identifies a time, event, or purpose which passed or no longer applies shall be removed by the sign owner within three (3) working days from the time the event or purpose passed or no longer applies.

      3.   An off-premises advertising sign which is vacant of copy, or which advertises an establishment, service, goods, or product which no longer exists, shall be removed by the sign owner within five (5) working days after remaining in the defined condition for one (1) month.

      4.   When building mounted and painted wall signs or murals are removed, the face of the structure shall be treated to conform to surrounding building conditions. Such removal shall not leave evidence of the sign's existence.

   O.   Permit Procedures and Enforcement:

      1.   Permit Required: If a sign requiring a permit under the provisions of this title is to be placed, constructed, erected, or altered on a lot or parcel, the sign owner shall secure a building permit from the city prior to the construction, placement, erection, or alteration of such sign.

      2.   Applications: One (1) application and permit may include multiple signs on the same lot or parcel. An application for construction, creation, or installation of a new sign, or for the structural alteration of an existing sign, shall be accompanied by detailed drawings to scale of all existing and proposed signs on a lot and must show:

         a.   The height of all signs on a lot;

         b.   The square footage of all individual signs on a lot;

         c.   The total combined square footage of all signs on a lot;

         d.   Site plan indicating length of street frontage, location of buildings, parking lots, driveways, landscaped areas, and all existing and proposed signs on the site;

         e.   Overall dimensions, design, structure, materials, proposed copy and illumination specifications of all signs;

         f.   Photographs of the lot.

      3.   Fees: Each application shall be accompanied by the applicable fee, which shall be established by resolution of the city council.

      4.   Action: Within five (5) days of the date the application is submitted, it shall be reviewed by the zoning administrator. If the applicant complies to all sign ordinance regulations, a permit will be issued. If the application is found to be incomplete, the applicant shall be notified of the deficiencies.

      5.   Inspections: The zoning administrator shall conduct an inspection for each permit issued. If the signs do not comply, the applicant shall be notified and allowed thirty (30) days to correct the deficiencies. If the deficiencies are not corrected within thirty (30) days, the permit shall be rescinded.

      6.   Renewal Of Sign Permits: If sign owners comply with the provisions of this title and make no structural alterations or changes to their existing signs, the city shall automatically renew sign permits at the end of every year when the business license is renewed, without an additional sign permit fee, if the sign owner has not constructed, placed, erected, or structurally altered existing signage. A new application must be processed, and an applicable fee shall be charged for signs constructed, placed, erected, or structurally altered.

      7.   Lapse Of Sign Permit: A sign permit shall lapse automatically if it is not renewed, if the business license for the premises lapses or is revoked, or if the sign is abandoned. If a sign permit elapses, a new permit and payment of applicable fees are required.

      8.   Registration Of Existing Signs: All signs existing at the time the ordinance codified herein is passed must be registered with the city by the sign owner within a two (2) year period and a permit obtained. Existing signs that do not comply with the ordinance codified herein will be issued a noncomplying sign permit.

      9.   Nonconforming Sign: A nonconforming sign may not be moved to a new location, structurally altered, enlarged, or replaced unless it is made to comply with the provisions of this title. If a nonconforming sign changes ownership, the sign must comply with the provisions of this title within six (6) months of close of purchase.

      10.   Violations: Any of the following shall be in violation of this title and subject to the enforcement remedies and penalties provided by this title, other applicable city ordinances, and state laws:

         a.   To install, create, erect, alter, or maintain any sign in a way that is inconsistent with any plan or permit governing such sign or the zone lot or parcel. on which the sign is located;

         b.   To install, create, erect, alter, or maintain any sign requiring a permit without such a permit;

         c.   To fail to remove any sign that is installed, created, erected, altered, or maintained in violation of this title, or for which the sign permit has lapsed; or

         d.   To continue any such violation. Each day of continued violation shall be considered a separate violation when applying the penalty portions of this title.

      11.   Notice, Action and Penalty: The zoning administrator shall issue notice to sign owners who display signs without a permit and allow thirty (30) days from the date of notice for the deficiencies to be corrected. If the deficiencies are not corrected within the given time, the sign owner's business license may be revoked, a fine may be imposed, or the sign owner may be convicted of violating a class B misdemeanor.

      12.   Illegal And Non-Maintained Signs: The zoning administrator shall issue written notice of violation to the sign owner, for any sign found unsafe, illegal, or not maintained.

      13.   Removal Of Signs: If any unsafe sign is not repaired or made safe within five (5) days after the owner has been given notice, the zoning administrator shall have the sign removed. Within thirty (30) days after the owner has been given written notice of a sign which is found in violation of this title, is illegal, or not maintained, the zoning administrator shall have the sign removed. Costs incurred for the removal of a sign will be the responsibility of the owner and shall be paid to the city within thirty (30) days.

   P.   Right Of Appeal: Any person who has been ordered by the zoning administrator to alter or remove any sign, or any person whose application for a sign permit has been refused, may appeal to the board of adjustment. The board of adjustment shall have power to review and allow or disallow variances to the sign ordinance based on powers and duties defined in section 2-2-4 of this code. (Ord. 2012-01, 7-10-2012; amd. Ord. 2014-6, 10-14-2014, eff. 10-14-2014; Ord. passed 11-29-2022; Ord. 2024-02, 2-27-2024)

   A.   Intent: The intent of this section is to define locations for the parking and storage of recreational vehicles such that neighborhood quality and character are maintained.

      1.   "Recreational vehicle" as defined in section 10-1-4 of this title.

      2.   "Residential areas" as used in this section means property located within a residential zone and property used for residential purposes located in zone of the city.

      3.   "Parking" as used in this section means the temporary parking of a recreational vehicle for a limited period of time as specified in subsection B or D of this section.

      4.   "Storage" as used in this section means the parking of a recreational vehicle when it is not in use off site.

      5.   Exemptions:

         a.   Pickup or light truck of ten thousand (10,000) pounds' gross weight or less with or without a mounted camper unit that is used primarily by the property owner or tenant for transportation purposes.

         b.   Travel trailer, camp trailer, or motor home when temporarily located on a lot or parcel on which a building is being constructed and said vehicle is connected to approved water and sewer facilities for a period of one (1) year or less.

   B.   Parking Restrictions:

      1.   No recreational vehicle may be parked upon a city street for longer than twenty-four (24) consecutive hours.

      2.   A recreational vehicle may not be parked on a city street in a manner that obstructs visibility from adjacent driveways or street corners.

      3.   While parked on a city street no pop outs or other lateral extension of the recreational vehicle shall be deployed.

      4.   No recreational vehicle parked on a city street may be used as a dwelling.

      5.   A recreational vehicle may be parked in the front setback area of a residential dwelling for no more than fourteen (14) days per vehicle in any one (1) calendar year, provided:

         a.   The recreational vehicle is parked on a driveway.

         b.   The residential parking requirement at subsection 10-2-5C of this chapter is still satisfied.

         c.   No portion of the recreational vehicle may extend into the city street or sidewalk.

         d.   No portion of the vehicle may extend beyond the property line of the lot or parcel upon which it is parked.

         e.   No effluent, petroleum product, or wastewater is discharged from the recreational vehicle.

   C.   Storage Requirements:

      1.   No recreational vehicle may be stored upon a city street or sidewalk.

      2.   A recreational vehicle may be kept in a side or rear yard at the owner's residence, provided:

         a.   The vehicle is screened from adjacent properties by vegetation, or a fence built in compliance with section 10-2-14 of this chapter.

         b.   The vehicle is maintained in a clean, well-kept condition that does not detract from the appearance of the surrounding area.

         c.   The vehicle is operational and currently registered and licensed.

         d.   No effluent, petroleum product, or wastewater is discharged from the vehicle.

   D.   Recreational Vehicle as A Temporary Dwelling Unit:

      1.   It is unlawful for any person to use any parked or stored recreational vehicle as a permanent dwelling.

      2.   A recreational vehicle may be used as a temporary dwelling when the vehicle is used by guests who travel in it, provided:

         a.   The recreational vehicle is situated on the host's property in conformance with subsection B4 or C of this section.

         b.   The vehicle is equipped for sleeping.

         c.   The stay does not exceed fourteen (14) days per vehicle in any one (1) calendar year.

      3.   A stored recreational vehicle may be used for temporary sleeping space, provided:

         a.   The vehicle is stored on the owner's property in conformance with subsection C of this section.

         b.   The vehicle is equipped for sleeping.

         c.   No effluent or wastewater is discharged from the vehicle.

         d.   No portion of the vehicle may extend beyond the property line of the lot or parcel on which it is situated.

         e.   Use does not exceed thirty (30) days in any one (1) calendar year. (Ord. 2016-6, 6-28-2016; amd. Ord. passed 11-29-2022; Ord. 2024-02, 2-27-2024)

The decision to approve or deny a conditional use shall be made by the zoning administrator. The city will classify any use in a zoning district as either a permitted or conditional use under this section.

   A.   The City May Issue a Conditional Use Permit When

      1.   The use complies with objective standards set forth in this section;

      2.   The use does not conflict with a provision of city code or other state or federal law;

      3.   If reasonable conditions are proposed or can be imposed to mitigate reasonably anticipated detrimental effects of the proposed used in accordance with applicable standards;

      4.   If the city imposes reasonable conditions on a proposed conditional use, the land use authority shall ensure that the conditions are stated on the record and reasonably relate to mitigating the anticipated detrimental effects of a proposed conditional use; and

      5.   Reasonable mitigation of anticipated detrimental effects of the proposed conditional use does not require elimination of the detrimental effect.

   B.   Conditional Use Standards of Review: An applicant for a conditional use in the zone must demonstrate:

      1.   The proposed use complies with all applicable provisions of this chapter, state and federal law;

      2.   The structures associated with the use are compatible with surrounding structures in terms of use, scale, mass and circulation;

      3.   The use is not detrimental to the public health, safety and welfare;

      4.   The use is consistent with the city general plan as amended;

      5.   Traffic conditions are not adversely affected by the proposed use, including the existence or need for dedicated turn lanes, pedestrian access, and capacity of the existing streets;

      6.   There is sufficient utility capacity;

      7.   There is sufficient emergency vehicle access;

      8.   The location and design of off-street parking complies with off street parking standards;

      9.   A plan for fencing, screening, and landscaping to separate the use from adjoining uses and mitigate the potential for conflict in uses;

      10.   Exterior lighting that complies with the lighting standards of the zone;

      11.   Within and adjoining the site, impacts on the aquifer, slope retention, and flood potential have been reasonably mitigated and are appropriate to the topography of the site.

   C.   Specific Review Criteria for Home Occupation Conditional Use: In addition to the requirements at 10-2-8(C), the land use authority must evaluate the applicant's compliance with each of the following criteria when considering whether to approve, deny or conditionally approve an application for a home occupation.

      1.   The home occupation is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character of the building from that of a dwelling;

      2.   The physical appearance, traffic, and other activities in connection with the home occupation is not contrary to the objectives and characteristics of the zone in which the home occupation is located, and does not depreciate surrounding residential values by creating a nuisance in a residential neighborhood including, but not limited to, generating increased traffic, excessive noise, offensive odors, etc;

      3.   The home occupation is conducted within the main residential dwelling and is carried on by residing members of the dwelling, except that individuals not residing in the dwelling may work at the home occupation, provided:

         a.   No more than one (1) non-residing employee shall be allowed to work in the home occupation at any given time; and

         b.   The non-residing employee shall be given access to an on-premises, hard surfaced parking space (see section 10-2-5, "Off Street Parking Requirements", of this chapter).

      4.   Less than twenty five percent (25%) of the ground floor area of the dwelling is devoted to the home occupation.

      5.   The home occupation may use an accessory building for business storage, provided the accessory building meets all city building and zoning codes including, but not limited to, setbacks designated for R-1 and R-2 residential zones (see sections 10-6-5 and 10-7-5 of this title).

      6.   The use of yard space for storage of business-related materials shall not be permitted.

      7.   Signs designating the home occupation shall conform to section 10-2-6(C) of this title.

      8.   Entrance to the home occupation shall be left to the discretion of the homeowner, and may be defined by a second small directional sign, limited to twelve inches by twelve inches (12" x 12") in size, at the predesignated entryway, except:

         a.   The structure and entrance shall be compatible with the objectives and characteristics of the zone in which the home occupation is located, and

         b.   When applicable, the entrance to the home occupation shall conform to regulations imposed by Utah state statute.

      9.   No commercial vehicles are used except one (1) delivery truck which does not exceed three-fourths (3/4) ton rated capacity.

      10.   The home occupation shall be registered with the license division or department of the city.

   D.   Small Lots or Parcels: Where a tract of land at the time of the adoption hereof is at least one and eight-tenths (1.8) times as wide and one and eight-tenths (1.8) times as large in area as required for a lot or parcel in the zone, the board of adjustment may permit the division of tract into two (2) lots, provided:

      1.   Such division will not cause undue concentration of buildings;

      2.   The characteristics of the zone in which the lot is located will be maintained;

      3.   In the opinion of the board of adjustment, values in the area will be safeguarded.

   E.   Utility Buildings and Structures Permitted: Water, sewer and electric buildings and structures may be constructed in all residential zones, subject to the approval of the board of adjustment. The land use authority may impose conditions which are reasonably necessary to protect surrounding property values and residential amenities.

   F.   Moved Buildings:

      1.   No permit for the movement within the city of any residential, commercial or industrial building which has had prior use shall be issued, as required under section 10-16-1 of this title without first filing an application with the zoning administrator. Said application shall contain the following information:

         a.   Location and address of the old and new site;

         b.   Plot plan of the new location showing adjacent lots or parcels on all sides of the property and indicating all structures and improvements on said lots or parcels;

         c.   Plans and specifications for the proposed improvements at the new location, including plans for landscaping treatment when required by the zoning administrator;

         d.   Certification by the city engineer that the structure is sound enough to be moved and that the condition, location and use of the building will comply with this title and all other applicable codes and ordinances;

         e.   Said building and the lot or parcel on which the building is to be located will conform to the requirements of this title and other applicable codes, ordinances and regulations;

         f.   Its location on the lot or parcel does not, in any substantial way, adversely affect buildings or uses in abutting properties;

         g.   All required dedications and improvements for streets, facilities and buildings shall be provided in conformity with the standards of the city;

         h.   That adequate provision has been made through the posting of a bond or other assurance that the building and grounds shall be brought up to the standards of a new building before it is occupied and that the vacated site shall be restored to a safe and sightly condition.

      2.   The requirements of this provision shall also apply to the moving of mobile homes, demountable homes, manufactured homes and similar movable structures, except when being moved from outside the city into a mobile home park.

   G.   Transitional Uses: Uses which are permitted on either portion of a lot or parcel which is divided by a zone boundary line, or which is coterminous with a zone boundary line, may be permitted to extend to the entire lot or parcel, but not more than one hundred feet (100') beyond the boundary line of such zone in which such use is permitted.

      Before a permit for such a use may be granted, however, the planning commission must find that the comprehensive plan of zoning will be maintained and that a more harmonious mixing of uses will be achieved thereby.

   H.   Applicant's Entitlement to Conditional Use Application Approval:

      1.   An applicant is entitled to approval of a conditional use application if the application conforms to the requirements of the applicable land use regulations, land use decisions, and development standards in effect when the applicant submits a complete application and pay application fees, unless:

         a.   The land use authority, on the record, formally finds that a compelling, countervailing public interest would be jeopardized by approving the application and specifies the compelling, countervailing public interest in writing; or

         b.   In the manner provided by local ordinance and before the applicant submits the application, the municipality formally initiates proceedings to amend the municipality's land use regulations in a manner than would prohibit approval of the application as submitted.

      2.   The city shall process an application without regard to proceedings the city initiated to amend the city's ordinances as described in this title if:

         a.   180 days have passed since the city initiated the proceedings; and

         b.   The proceedings have not resulted in an enactment that prohibits approval of the conditional use application as submitted.

      3.   A conditional use application is considered submitted and completed when the applicant provides the application form that complies with the requirements of applicable ordinances and pays all applicable fees.

      4.   The continuing validity of an approval of a conditional use permit is conditioned upon the applicant proceeding after approval to implement the approval with reasonable diligence.

      5.   The City may impose standards and reasonable conditions to mitigate the detrimental effects of conditional uses.

   I.   Permit Revocation:

      1.   The city council may revoke the conditional use permit of any person upon a finding that the holder of the permit has failed to comply with any of the conditions imposed at the time the permit was issued. The city council shall send notice of the revocation to the holder of the permit and the holder of the permit shall immediately cease any use of the property which was based on the conditional use permit.

      2.   If the city council revokes any permit under this section, the holder of the permit shall have a right to appeal the revocation of the permit. The holder must file the appeal with the city recorder within fifteen (15) days of the date of the notice that the city has revoked the conditional use permit.

      3.   Upon receipt of the appeal, the city council shall set a hearing on the appeal at its next regularly scheduled meeting which is more than fifteen (15) days after the time the city recorder received the appeal. The city shall supply the permit holder of the time, date and place of the hearing at least fifteen (15) days before the hearing. At the hearing, the permit holder shall have the right to be heard on the revocation.

   J.   Time Limit:

      1.   Action authorized by a conditional use permit must commence within one (1) calendar year of the time the permit is issued.

      2.   If the permit holder has not commenced action under the permit within this time, the permit shall expire, and the holder must apply for a new permit.

      3.   The planning commission may grant an extension for good cause shown. Only one (1) extension may be granted, and the maximum extension shall be six (6) months. In order to obtain an extension, the permit holder must:

         a.   Apply for an extension in writing before the expiration of the original permit;

         b.   Submit the application to the city recorder; and

         c.   Describe on the application the cause for requesting the extension. (Ord. passed 11-29-2022; amd. Ord. 2024-02, 2-27-2024)

   A.   Intent: The following regulations are provided to accommodate certain uses which are temporary or seasonal in nature.

   B.   Permitted Temporary Uses: Certain uses may be permitted on a temporary basis in any zone when approved by the city council. Said temporary uses may include, but will not be limited to:

         Carnivals and circuses.

         Christmas tree sales lots.

         Construction storage yards, when required in connection with a primary construction project.

         Flower stands.

         Music festivals.

         Political rallies.

         Promotional displays.

         Rummage sales.

         Tents for religious services.

   C.   Application For Temporary Use:

      1.   Prior to the establishment of any temporary use, an application for a temporary use permit shall be submitted to and approved by the city council. Said application shall contain the following information:

         a.   A description of the proposed use;

         b.   A description of the property to be used, rented, or leased for the temporary use, including all information necessary to accurately portray the property;

         c.   Sufficient information to determine the yard requirements, sanitary facilities and availability of parking space to service the proposed use.

      2.   Approval Required: The city council may approve said application provided the council finds:

         a.   The proposed use is listed as a permitted temporary use or, in the opinion of the city council, is similar to those uses permitted.

         b.   The proposed use will not create excessive traffic hazards or other unsafe conditions in the area and, if traffic control is required, it will be provided at the expense of the applicant.

         c.   The proposed use shall not occupy the site for more than ten (10) days, except for Christmas tree lots which shall not occupy the site for more than forty (40) days, and construction storage yards which shall be removed within thirty (30) days following completion of the primary construction project for which the temporary permit was issued.

         d.   The applicant will have sufficient liability insurance for the requested use or event.

         e.   The applicant shall provide, at his own expense, for the restoration of the site to its original conditions, including cleanup and replacement of facilities as may be necessary.

   D.   City Council May Delegate Approval Responsibility; Exceptions:

      1.   The city council may authorize the zoning administrator to issue temporary use permits for certain temporary uses without council review. Where the request is for a temporary use which is not listed or where the characteristics of the proposed use are not in compliance with the above standards, the zoning administrator shall refer the application to the city council for its action.

      2.   In granting approval, the city council may attach additional conditions as it deems appropriate to ensure that the use will not pose any detriment to persons or property. The Council may also require a bond to ensure that necessary cleanup or restoration work will be performed. (Ord. 2012-01, 7-10-2012; amd. Ord. passed 11-29-2022; Ord. 2024-02, 2-27-2024)

   A.   Definition: A "portable storage container" includes any of the following types of buildings, structures, or vehicles:

      1.   Metal shipping container of the type commonly marketed for storage, and which can be delivered or removed by semitrailer, regardless of whether such structure is located on a foundation or slab.

      2.   Semitrailer or other trailer whether such vehicle is parked on or off a city street, and which does not have a current Utah license and inspection.

      3.   Box from a delivery truck when such has been removed from the chassis.

   B.   Appropriate Use of Portable Storage Containers: No portable storage container may be placed in any zone unless it meets the following criteria:

      1.   The placement of the portable storage container cannot block traffic or interfere with access for public safety.

      2.   Used containers must have all prior identifying markings removed.

      3.   Advertising on such containers will be limited to the promotion of the commercial entity located on the same lot as the container and shall comply with the sign ordinance.

      4.   The container must be maintained to match the commercial building decor located on the same lot or it must be hidden from view by a fence.

      5.   Semitrailers or other trailers used as storage containers must also have axles removed.

      6.   Permanent placement is allowed within residential zones when it is authorized by City permit.

         a.   Container cannot be placed in a front yard or within the twenty-foot (20') side setback of a side yard that fronts on a street.

         b.   The placement of the portable storage container cannot block traffic or interfere with access for public safety or utilities.

         c.   Used containers must have all prior identifying markings removed.

         d.   The container must be maintained to match the residential building decor located on the same lot. or parcel.

         e.   Semitrailers or other trailers used as storage containers must also have axles removed.

      7.   Temporary placement is allowed for storage of tools, materials, and supplies at an active construction site in all zones, for a period not to exceed eight (8) months and when authorized by permit.

         a.   Placement of the portable storage container cannot block traffic or interfere with access for public safety.

         b.   Temporary placement is limited to one (1) container per lot or parcel for any twelve (12) month period.

   C.   Maximum Size:

      1.   The maximum size for any permitted portable storage container located in R-1, R-2, and C-2 Zones is three hundred sixty (360) square feet and cannot exceed ten feet (10') in height.

      2.   The maximum size for any permitted portable storage container located in C-1, I-1, and A-1 Zones is four hundred and fifty (450) square feet, with the exception of residences located in C-1 and I-1 Zones; in which case, the maximum size for any permitted portable storage container is three hundred sixty (360) square feet.

      3.   Portable storage containers can be attached or detached from the main structure, provided that the location of the containers comply with setbacks for the zone in which the portable storage containers are placed.

   D.   Permit Required: A permit is required for all portable storage containers.

      1.   Any portable storage container greater than or equal to two hundred (200) square feet is considered an accessory building and requires a separate building permit in addition to a portable storage container permit.

      2.   Any portable storage container less than two hundred (200) square feet requires only a portable storage container permit, unless electricity is proposed to be installed.

      3.   The city zoning administrator is the approval authority for this permit.

   E.   Prohibited Uses:

      1.   No modular home, house trailer, vehicle, or camp trailer can be used for storage, whether permanent or temporary.

      2.   All existing portable storage containers that do not meet the appropriate uses (above) will be removed at the owner's expense.

      3.   No person may dwell in a container, nor shall a container be otherwise used for human occupation. (Ord. 2012-01, 7-10-2012; amd. Ord. 2018-4, 4-10-2018; Ord. passed 11-29-2022; Ord. 2024-02, 2-27-2024)

This section shall provide residents of the community the opportunity to maintain up to ten (10) hen chickens as pets and for the purpose of producing eggs, subject to the described restrictions and regulations. The objective is to cultivate localized self-supporting and sustainable behavior for the betterment of the local, regional, and world community.

   A.   General Conditions: In all A-1, R-1, R-2 Zones and planned unit developments in the City of Monticello, and only for those single-family residential uses in the commercial zones, up to and not exceeding more than ten (10) hen chickens for egg production as family food, shall be allowed.

   B.   Prohibited Uses:

      1.   No roosters shall be allowed in the R-1, R-2, and any commercial zone or in planned unit developments. If chickens are purchased as chicks and any are determined at a later date to be roosters, they shall be removed immediately upon determination of gender;

      2.   Fighting chickens are not allowed;

      3.   Hen chickens shall not be raised for slaughter for commercial purposes.

   C.   Standards For Containment:

      1.   Hens shall be securely fenced and confined to the rear yard of the property.

      2.   Any permanent hen shelter must comply with the accessory structure requirements. (Ord. 2012-01, 7-10-2012; amd. Ord. passed 11-29-2022; Ord. 2024-02, 2-27-2024)

Diagonal parking will be permitted on any City Street located in a C-1 or C-2 Zone so long as the following conditions are met:

   A.   Size/Marking:

      1.   The dimensions of each diagonal parking space shall be at least nine feet by eighteen feet (9' x 18') and set at an angle of sixty degrees (60°) from the curb.

      2.   All diagonal parking spaces must be clearly marked with approved white marking paint and must be four inches (4") wide.

      3.   It is the responsibility of the property owner abutting the diagonal parking spaces to paint and maintain the markings of the parking spaces.

   B.   Street Width:

      1.   The city street where the diagonal parking will be located must be at least sixty feet (60') wide.

   C.   Setbacks:

      1.   Diagonal parking must be set back from any intersection not less than thirty feet (30').

      2.   No diagonal parking space is permitted to encroach into a driveway access.

      3.   Clear access to any fire hydrant shall be no less than three feet (3') on both sides of the fire hydrant. This clear space shall be striped as a no parking zone. (Ord. 2012-01, 7-10-2012; amd. Ord. passed 11-29-2022; Ord. 2024-02, 2-27-2024)

   A.   Fences shall be erected on or within property lines.

   B.   Property owners shall be responsible for identifying property line locations.

   C.   All heights of fences will be measured from the ground level.

   D.   Interior Lots or Parcels:

      1.   Fences shall have a maximum height of four feet (4') in the required yard that fronts a street.

      2.   Side and back yard fences will have a maximum height of six feet (6') provided that the six-foot-high fence does not extend into the required yard that fronts a street.

   E.   Corner Lots or Parcels:

      1.   Corner lot or parcel fences must maintain a forty-five degree (45°) clear view of intersecting streets, at a height of no more than four feet (4').

      2.   The height of the fence in the front yard on a corner lot or parcel will have a maximum height of four feet (4'). A front yard on a corner lot or parcel is the yard that contains the formal public entrance to the main building.

      3.   Side and back yard fences will have a maximum height of six feet (6') as long as it does not infringe upon the forty-five degree (45°) clear view triangle space.

   F.   Clear View of Intersecting Streets: In all zones which require a front yard, no obstruction which will obscure the view of automobile drivers shall be placed on any corner lot or parcel within a triangular area formed by the street property lines and a line connecting them at points of forty-five feet (45') from the intersection of the street lines. (Ord. 2012-01, 7-10-2012; amd. Ord. passed 11-29-2022; Ord. 2024-02, 2-27-2024)

   A.   Fences shall be erected on or within property lines.

   B.   Property owners shall be responsible for identifying property line locations.

   C.   All heights of fences will be measured from the ground level. (Ord. passed 11-29-2022; amd. Ord. 2024-02, 2-27-2024)

The purpose of this section is to allow the use of solar electricity systems within the city provided that:

   A.   A building permit from the city is required prior to installation of any solar electricity system.

   B.   Structurally attached solar panels are subject to all applicable building codes and ordinances.

   C.   Solar electricity systems not mounted on a roof are prohibited within the setbacks required for the zone in which the solar installation will be erected.

   D.   Solar electricity systems not mounted on a roof are prohibited to be higher than the maximum height allowed for a structure or building within the zone in which the solar installation will be erected. (Ord. passed 11-29-2022; amd. Ord. 2024-02, 2-27-2024)

   A.   Long-term rental unit means a building or structure that is used or designated for use as a residence by one or more persons, and is;

      1.   Available to be rented, loaned, leased, or hired out for a period of thirty (30) consecutive days or longer; or

      2.   Arranged, designated, or built to be rented, loaned, leased, or hired out for a period of thirty (30) consecutive days or longer.

   B.   Internal accessory dwelling units shall:

      1.   Be allowed as a permitted use in any R-1 and R-2 zone;

      2.   Be designed in a manner that does not change the appearance of the primary dwelling unit;

      3.   Include one (1) additional on-site parking space regardless of whether the primary dwelling unit is existing or new construction;

      4.   Replace existing parking spaces if the internal accessory unit is created within a garage or carport;

      5.   Meet all applicable building, health, and fire codes;

      6.   Not be created in a primary dwelling unit served by a failing septic tank;

      7.   Not be created on a lot or parcel of land containing the primary dwelling unit if the lot or parcel of land is 6,000 square feet or less in size;

      8.   Not be created within a zoning district covering an area that is equivalent to 25% or less of the total area in the city that is zoned primarily for residential use;

      9.   Not require a separate city utility meter.

   D.   Short-term unit means a building or structure that is used or designated for use as a residence by one or more persons, and is:

      1.   Available to be rented, loaned, leased, or hired out for a period fewer than thirty (30) consecutive days;

      2.   Arranged, designated, or built to be rented, loaned, leased, or hired out for a period fewer than thirty (30) consecutive days;

      3.   A short-term unit shall:

         a.   Meet all applicable building codes;

         b.   Conform to standards as defined by the city codes Title 4-2 Nuisances, Title 4-2A Noise Control, and Title 5-2 Animal Control;

         c.   Include in a clear and prominent location within each short-term unit:

            (1)   A copy of the owner's business license;

            (2)   The name, address, and phone number of the owner or property manager;

            (3)   A statement of maximum occupancy for the short-term rental unit;

            (4)   Provide a minimum of four (4) off-street parking spaces with all-weather surface;

            (5)   The owner of any short-term rental unit is required to collect and remit Transient Room Tax and any other tax deemed necessary by the State Tax Commission.

   E.   Business license required:

      1.   Owners of rental dwellings shall obtain a city license in advance of advertising for or renting, loaning, leasing, or hiring out:

         a.   A long-term rental unit;

         b.   An internal accessory dwelling unit;

         c.   A detached accessory dwelling unit;

         d.   A short-term rental unit.

      2.   One (1) city license may include more than one long-term rental and internal accessory dwelling unit owned by the same individual but shall not include short-term rental units.

      3.   One (1) city license may include more than one short-term rental unit owned by the same individual but shall not include other rental units or internal accessory dwelling units.

      4.   A person managing any rental unit who is not the owner of said unit, shall obtain a city property management license in advance of managing the rental units. (Ord. passed 11-29-2022; amd. Ord. 2024-02, 2-27-2024)

   A.   Detached accessory dwelling units shall be allowed in the R-1 and R-2 zones.

   B.   To be considered a detached accessory dwelling unit, a building shall:

      1.   Be detached from the main dwelling unit;

      2.   Be located on the same lot or parcel as the main dwelling unit;

      3.   Be constructed to applicable building codes for use as a dwelling;

      4.   Meet all setback requirements for an accessory building in the zone in which the lot or parcel is located;

      5.   Be provided with municipal water through a connection with the main dwelling;

      6.   Be on a permanent foundation.

   C.   The minimum ground floor living area of a detached accessory dwelling unit shall be two hundred (200) square feet. The maximum ground floor living area of a detached accessory dwelling unit shall be nine hundred (900) square feet.

   D.   No detached accessory dwelling unit shall be occupied, rented, or leased unless the owner of the lot or parcel is a full-time resident of the main dwelling on the lot or parcel.

   E.   A permit shall be obtained from the city before a detached accessory dwelling unit is placed on a lot or parcel. If the detached accessory dwelling unit is constructed on-site, a building permit is also required from the city. (Ord. 2024-02, 2-27-2024)

   A.   As used in this section the following definitions apply:

      1.   Applicable zones: C-1 Commercial Zone; C-2 Light Commercial Zone; I-1 Industrial Zone.

      2.   Charging Station Land Owner: The person or entity that owns the land on which an electric vehicle charging station is located.

      3.   Charging Station Operator: A person or entity that operates a commercial electric vehicle charging station and may also own the charging station equipment.

      4.   Commercial Electric Vehicle Charging Station: A parking stall or space served by a Level 2 or Level 3 charger that has as its primary purpose the transfer of electric energy to an electric vehicle, and for which service a fee shall be charged in compliance with Utah code Title 59, Chapter 30 Electric Vehicle Charging Tax.

      5.   The owner/operator of the commercial plug-in electric vehicle charging station shall not be considered a public utility and must obtain the electricity the electric company currently providing electric services to the City of Monticello.

      6.   Electric Vehicle: Any vehicle that operates, either partially or exclusively, on electrical energy from the grid, or a source that is stored on board for motive purposes. Electric vehicles include a battery-powered vehicle, a plug-in hybrid electric vehicle, and any two-wheel vehicle that operates exclusively on electrical energy from a source stored on board the vehicle.

      7.   Level 2 Charger: Operates on 240 volts alternating current and is considered a medium speed recharger.

      8.   Level 3 Charger: Operates on direct current and is considered a rapid charger.

      9.   Universal Connecting Device: A mechanism or adapter designed to facilitate the electrical connection between the charging station's output and the electric vehicles charging port. To ensure interoperability across a wide range of electric vehicles, this device must be compatible with the standardized charging interfaces adopted internationally or by predominant automotive and electrical standards organizations.

   B.   The provisions of this section shall apply to:

      1.   New commercial buildings and accessory buildings, parking lots, and parking garages in the applicable zones.

      2.   Modification of existing off-street parking areas.

   C.   Level 3 plug-in electric (PEV) charging stations shall not be installed in any residential dwelling regardless of the zone in which the residential unit is located.

   D.   Commercial plug-in electric vehicle (PEV) charging stations shall be a permitted use in the applicable zones within the city, provided:

      1.   The installation complies with the building, electric, fire, and safety codes adopted by the city; and

      2.   The installation complies with requirements the current electric provide for the City of Monticello, as evidenced by a letter signed by them addressing the specific requirements of the installation; and

      3.   The transformer unit is installed within a utility easement; and

      4.   The charging station outlets and connector devices are:

         a.   Not located within a public street right-of-way or on any portion of a public sidewalk required to meet the Americans with Disabilities Act; and

         b.   The charging station outlets and connector devices are not within a utility easement, unless written consent has been submitted with the building permit application granting permission; and

      5.   The connecting device shall be universal; and

      6.   The installation complies with applicable portions of the Americans with Disabilities Act.

   E.   Wherever the city zoning regulations require off-street parking at least ten percent (10%) of the required stalls or spaces in the applicable zones shall be equipped with commercial plug-in electric vehicle charging stations. When the calculation of percentage results in a fractional number of stalls or space, the applicant shall round up to the next whole number.

      1.   Wherever parking requirements are met by providing off-street parking stalls or spaces on adjacent lots or parcels, the applicant may satisfy the requirements of this section by entering into a written agreement whereby both properties are combined for purposes of calculating the number of parking stalls or space reserved for commercial plug-in electric vehicle charging stations and the two properties, taken together, meet the minimum requirements contained herein.

      2.   Said agreement shall be notarized and recorded with the county recorder and copy of the document bearing the county's imprints shall be provided to the zoning administrator at the time the applicant applies for a building permit. Recording and copy costs shall be paid by the parties to the agreement.

   F.   Commercial plug-in electric vehicle (PEV) charging stations may be Level 2 or Level 3. Installation of Level 2 or Level 3 commercial charging stations shall comply with all requirements at 10-2-17(D) and these additional requirements:

      1.   Lighting: If the charging station is more than one hundred fifty (150) feet from an existing streetlight, the station shall include lights on the charging station for use during night hours.

      2.   Setback from property lines, buildings, and structures:

         a.   Commercial electric vehicle charging stations shall not be closer to a main building or accessory structure than 25 feet as measured from the closest point of the building or accessory structure and the nearest piece of equipment of the commercial electric vehicle charging station.

         b.   Charge points for commercial electric vehicle charging shall be no closer to one another than ten (10) feet.

         c.   Commercial electric vehicle charging stations shall not be closer to fuel storage or fuel dispensing structures than twenty (20) feet.

      3.   A garbage/refuse container shall be placed no more than 20 feet from the footprint of the charging station and shall be secured to prevent wind scatter of garbage/refuse. The charging station operator shall be responsible for garbage/refuse collection and disposal in conformance with city code.

      4.   Charging station outlets and connector devices shall be no less than 36 inches and no more than 48 inches from the ground or pavement surface where mounted, and

      5.   Charging station outlets and connector devices shall contain a retraction device and/or place to hang permanent cords and connectors at least six (6) inches above the ground or pavement surface; and

      6.   Where mounted on pedestals, posts, or other devices, connectors and cords shall be located so as to not impede pedestrian travel or create trip hazards on sidewalks.

      7.   Proper use and storage of the outlets and connector devices shall be illustrated on a sign posted on the charging equipment.

      8.   The property owner or charging station operator shall post a sign stating "stalls or space reserved for charging of electric vehicles" not greater than 17 x 22 inches with lettering not less than one inch in height.

      9.   Stall required for compliance with the American with Disabilities Act:

         a.   One stall for charging stations with three connectors or fewer;

         b.   One stall for every four connectors for stations with four or more connectors.

      10.   Charging station equipment shall be maintained in all respects, including the functioning of the charging equipment. A phone number or other contact information shall be provided on the charging station equipment for reporting when the equipment is not functioning, or other problems are encountered.

   G.   An operator of a commercial electric vehicle charging station shall obtain a business license from the city prior to allowing use of the station. If an operator is not the property owner, an affidavit from the property owner is required to authorize an operator for the station.

   H.   It shall be unlawful for any person to park or leave standing a vehicle in a stall or space designated for the recharging of plug-in electric vehicles (PEV) in the applicable zones unless the vehicle is connected for electric charging purposes. Unlawful use of a stall reserved for electric vehicle(s) can be:

   I.   Subject to a fine as determined in Ord. 2023-3 passed June 27, 2023.

   J.   The offending vehicle may be towed and impounded at the vehicle owner's expense.

   K.   It shall be unlawful for any person to disconnect a vehicle from an electric charging station when that vehicle is owned or controlled by another person. For those in violation a fine will be issued as determined in City Ord. 2023-3 passed June 27, 2023.

      1.   Exceptions: Law Enforcement and Fire Fighter Officials may disconnect a vehicle when required for public safety. (Ord. 2024-02, 2-27-2024)

   A.   For completed residential buildings and permitted business uses with existing landscapes in place on or prior to April 23, 2024:

      1.   Front yards and side yards of all residential buildings which front on city streets must be landscaped.

      2.   Front yards and side yards of permitted business uses shall be landscaped unless paved as part of a sidewalk or parking area.

      3.   Any changes to existing landscapes made after April 23, 2024 shall consider water efficient techniques including but not limited to the reduction of grass in front and side yards.

   B.   For new residential buildings and permitted business uses under development after April 23, 2024:

      1.   No lawn shall be laid in parking strips or areas less than eight feet (8') in width;

      2.   No more than fifty percent (50%) of front and side yards of residential buildings shall be lawn unless the residential lot has less than two hundred fifty (250) square feet of landscaped area;

      3.   Lawns in common areas in the C-1, C-2, I-1, and R-2 zones shall not exceed twenty percent (20%) of the total landscaped area outside of active recreation areas.

      4.   Lawns in common areas at schools, churches, mobile home parks, and tiny home parks shall not exceed twenty percent (20%) of the total landscaped area outside of active recreation areas.

      5.   Active recreation area shall mean the same as defined in Utah Code § 11-39-108 Use of Lawn or Turf. (Ord. 2024-3, 4-23-2024)