And Qualifying Regulations
The regulations hereinafter set forth in this Chapter qualify or supplement, as the case may be, the zone regulations appearing elsewhere in this Ordinance.
Any lot legally held in separate ownership at the time of passage of the Parowan City Ordinance, which lot is thereafter facially deficient in minimum requirements for lot area or lot width for any single or multi-family residential district in which it is located, may be used for a single-family dwelling if such lot is located in a district which permits a residential dwelling. No multi-family dwellings may be constructed on a substandard lot even it the same is located within a multi-family residential district. The width of each of the side yards for such a dwelling may be reduced to a width which is not less than the same percentage of the lot width as the required side yard would be of the required lot width, provided that in no case shall the smaller of the two (2) side yards be less than five (5) feet or the total width of the two(2) side yards be less than thirteen (13) feet. This section shall apply to all residential districts and shall have precedence over any Residential Ordinance on conflict herewith.
Except as provided in this Ordinance, every lot, existing or intended to be created, shall have such area, width and depth as is required by this Ordinance for the district in which such lot is located and shall have frontage upon a fully improved dedicated or publicly-approved street or upon a private street or right-of-way approved by the Parowan City Planning Commission and City Council, before a building permit may be issued.
Every dwelling structure shall be located and maintained on a separate lot having no less than the minimum area, width, depth and frontage required by this Ordinance for the district in which the dwelling structure is located. Group dwellings, cluster dwellings, condominiums, and other multi-structure dwelling complexes under single ownership and management, which are permitted by this Ordinance and have approval from the Parowan City Planning Commission, may occupy one (1) lot for each such multi-structure complex.
No required yard or other area around an existing building, or which is hereafter provided around any building, for the purpose of complying with the provisions of this Ordinance, shall be considered as providing a yard, open space or area for the erection of any other building except as expressly permitted in a particular zone. No yard or other required area on an adjoining lot may be considered as providing a yard or area on a lot whereon a building is to be erected or established. No yard, park, open space, common space, or other acreage set aside for natural conditions or common areas, even if not specifically identified as a buildable lot for residential or commercial purposes, shall be utilized within Parowan City jurisdictional limits as a habitat conservation.
No space needed to meet the width, yard, area, coverage, parking or other requirements of this Ordinance for lot or building may be sold or leased away from such lot or building.
No parcel of land which has less than the minimum width and area requirements for the district in which it is located may be cut off from a larger parcel of land for the purpose, whether immediate or future, of building or development as a lot.
All areas to be preserved as recreational or open space pursuant to Parowan City Zoning Ordinances shall be preserved, improved and maintained by:
If the open space is to be preserved by designating it as common area or through a conservation easement, the plat, covenants, conditions and restrictions, and easement, shall, in form approved by the City, require that the land be maintained by any applicable home owners association, the property owners individually, and/or the public land trust granted the easement. The reserved recreational or open space lands may be used for agricultural and recreational purposes provided no permanent buildings are constructed, unless a building is approved by the City Council upon recommendation of the Planning Commission. No areas to be preserved for open space shall be utilized for habitat conservation. Failure to maintain or preserve the recreational or open space as required shall result in remedial action being taken by the City to correct the failure at the expense of the person or persons responsible for such maintenance or preservation. Any fees, costs or expenses incurred by the City to correct the failure, including court costs and reasonable attorney fees, shall be paid to the City within ten (10) days of receipt from the City of a billing setting forth the amounts due the City.
No accessory building or group of accessory buildings in any residential zone shall cover more than twenty-five (25) percent of the rear yard. This provision includes External Accessory Dwelling Units. Exceptions to this requirement may be granted by conditional use permit, by the Planning and Zoning Commission.
Public and quasi-public utility buildings, when authorized in a district, may be erected to a height greater than the district height limit by conditional use permit.
Penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, steeples, flagpoles, chimneys, smokestacks, water tanks, wireless or television masts, theater lofts, silos, or similar structures may be erected above the height limits herein prescribed, but no space above the height limit shall be allowed for purposes of providing additional floor space. All height exceptions are subject to conditional use permit.
All height exceptions (subject to conditional use permit) shall in no way inhibit or obstruct a significant view of surrounding neighbors. All proposed conditional use permits made to the Parowan City Planning Commission shall include the signatures of potentially affected neighbors within 500 feet of the proposed structure verifying their notification. Such exceptions shall not hold for dwellings (See PCMC 15.08.120).
No dwelling shall be erected to height less than one (1) story above grade. Exceptions shall be made to a bona fide earth shelter home. See PCMC 15.04.020(29).
No accessory building that is constructed in a one-family, two-family or multi-family zone shall be erected to a height greater than one (1) story, not to exceed twenty (20) feet, when located closer to a neighboring property boundary or lot line than that which is permitted by the main residential structure. If the accessory building is located within the rear and side yard set-backs for the main residential structure, the accessory building may not exceed the maximum height allowed in that zone.
In all districts which require a front yard, no obstruction to view in excess of two (2) feet in height shall be placed on any corner lot within a triangular area formed by the street property lines and a line connecting them at points forty (40) feet from the intersection of the street lines, except a reasonable number of trees pruned high enough to permit unobstructed vision to automobile drivers; and pedestal-type identification signs and pumps at gasoline service stations.
No fence shall be constructed, erected, or installed without first providing Parowan City with written notice of the intent to construct a fence by providing Parowan City a draft sketch of the fence, including intended height and setbacks, and by verification that the respective owner’s property boundaries have been adequately identified. A permit shall be granted by Parowan City upon strict compliance with the following terms:
Any fence constructed prior to the enactment of this ordinance which is not in conformance with this ordinance or prior ordinances may be approved by the Planning Commission as a non-conforming use, if, after reviewing all factors, it is determined that said fence does not constitute a safety hazard. Should the fence become a safety hazard, encroach upon City property, or otherwise necessitate removal at the sole determination of the City, the Applicant shall remove that portion of the fence directed by the City within ten (10) days.
If approval is given by the Planning and Zoning Board, the applicant shall grant Parowan City the right to file a Notice of Nonconforming Fence with the Iron County Recorder which identifies the non-conforming fence for notification purposes. Any filing fees or other clerical costs necessary to facilitate the purposes of this Ordinance shall be paid by the applicant for the Nonconforming Fence.
All proposed building or proposed use within the Parowan City limits which is located within three hundred (300) feet of the public culinary water line shall be connected to the public water system. Sewer hookups are required for all homes within three hundred (300) feet of an existing sewer line in the City of Parowan. In those instances where the distance from an existing water line exceeds three hundred (300) feet, all proposed building or use will be required to have an approved culinary water source which meets established standards for health and safety. In those instances where the distance from an existing sewer line exceeds three hundred (300) feet, all proposed building or use will be required to have a septic system which meets the approval of the district public health department.
The installation of curb, gutter and sidewalks of a type approved by the Parowan City Council may be required on any existing or proposed street adjoining a lot on which a building is to be constructed or remodeled, or on which a new use is to be established. Such curbs, gutters, and sidewalks may be required as a condition of building or use permit approval.
Buildings, uses, and lots should be maintained in such a manner as to enhance community pride and beautification. No junk, rubbish, weeds, or other unsightly material or conditions (including cars in an inoperable condition for 6 months) shall be permitted on any lot, right-of-way, or easement or as a part of any building or use. The outside surface of buildings, all or part of which is constructed of wood, should, upon completion of construction, be coated with paint or other wood preservative.
Any proposed new infill development having more than two living units located behind an existing building on an interior lot in any residential zone shall be administered as a Planned Unit Development requiring a Conditional Use Permit.
The provisions of this section shall be enforced by the Chief of Police, as authorized by the City Council.
Structures and uses of land which are not expressly permitted within a zone are hereby declared to be expressly prohibited therein. Any use not expressly permitted can only become permitted by amendment of this land use ordinance.
And Qualifying Regulations
The regulations hereinafter set forth in this Chapter qualify or supplement, as the case may be, the zone regulations appearing elsewhere in this Ordinance.
Any lot legally held in separate ownership at the time of passage of the Parowan City Ordinance, which lot is thereafter facially deficient in minimum requirements for lot area or lot width for any single or multi-family residential district in which it is located, may be used for a single-family dwelling if such lot is located in a district which permits a residential dwelling. No multi-family dwellings may be constructed on a substandard lot even it the same is located within a multi-family residential district. The width of each of the side yards for such a dwelling may be reduced to a width which is not less than the same percentage of the lot width as the required side yard would be of the required lot width, provided that in no case shall the smaller of the two (2) side yards be less than five (5) feet or the total width of the two(2) side yards be less than thirteen (13) feet. This section shall apply to all residential districts and shall have precedence over any Residential Ordinance on conflict herewith.
Except as provided in this Ordinance, every lot, existing or intended to be created, shall have such area, width and depth as is required by this Ordinance for the district in which such lot is located and shall have frontage upon a fully improved dedicated or publicly-approved street or upon a private street or right-of-way approved by the Parowan City Planning Commission and City Council, before a building permit may be issued.
Every dwelling structure shall be located and maintained on a separate lot having no less than the minimum area, width, depth and frontage required by this Ordinance for the district in which the dwelling structure is located. Group dwellings, cluster dwellings, condominiums, and other multi-structure dwelling complexes under single ownership and management, which are permitted by this Ordinance and have approval from the Parowan City Planning Commission, may occupy one (1) lot for each such multi-structure complex.
No required yard or other area around an existing building, or which is hereafter provided around any building, for the purpose of complying with the provisions of this Ordinance, shall be considered as providing a yard, open space or area for the erection of any other building except as expressly permitted in a particular zone. No yard or other required area on an adjoining lot may be considered as providing a yard or area on a lot whereon a building is to be erected or established. No yard, park, open space, common space, or other acreage set aside for natural conditions or common areas, even if not specifically identified as a buildable lot for residential or commercial purposes, shall be utilized within Parowan City jurisdictional limits as a habitat conservation.
No space needed to meet the width, yard, area, coverage, parking or other requirements of this Ordinance for lot or building may be sold or leased away from such lot or building.
No parcel of land which has less than the minimum width and area requirements for the district in which it is located may be cut off from a larger parcel of land for the purpose, whether immediate or future, of building or development as a lot.
All areas to be preserved as recreational or open space pursuant to Parowan City Zoning Ordinances shall be preserved, improved and maintained by:
If the open space is to be preserved by designating it as common area or through a conservation easement, the plat, covenants, conditions and restrictions, and easement, shall, in form approved by the City, require that the land be maintained by any applicable home owners association, the property owners individually, and/or the public land trust granted the easement. The reserved recreational or open space lands may be used for agricultural and recreational purposes provided no permanent buildings are constructed, unless a building is approved by the City Council upon recommendation of the Planning Commission. No areas to be preserved for open space shall be utilized for habitat conservation. Failure to maintain or preserve the recreational or open space as required shall result in remedial action being taken by the City to correct the failure at the expense of the person or persons responsible for such maintenance or preservation. Any fees, costs or expenses incurred by the City to correct the failure, including court costs and reasonable attorney fees, shall be paid to the City within ten (10) days of receipt from the City of a billing setting forth the amounts due the City.
No accessory building or group of accessory buildings in any residential zone shall cover more than twenty-five (25) percent of the rear yard. This provision includes External Accessory Dwelling Units. Exceptions to this requirement may be granted by conditional use permit, by the Planning and Zoning Commission.
Public and quasi-public utility buildings, when authorized in a district, may be erected to a height greater than the district height limit by conditional use permit.
Penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, steeples, flagpoles, chimneys, smokestacks, water tanks, wireless or television masts, theater lofts, silos, or similar structures may be erected above the height limits herein prescribed, but no space above the height limit shall be allowed for purposes of providing additional floor space. All height exceptions are subject to conditional use permit.
All height exceptions (subject to conditional use permit) shall in no way inhibit or obstruct a significant view of surrounding neighbors. All proposed conditional use permits made to the Parowan City Planning Commission shall include the signatures of potentially affected neighbors within 500 feet of the proposed structure verifying their notification. Such exceptions shall not hold for dwellings (See PCMC 15.08.120).
No dwelling shall be erected to height less than one (1) story above grade. Exceptions shall be made to a bona fide earth shelter home. See PCMC 15.04.020(29).
No accessory building that is constructed in a one-family, two-family or multi-family zone shall be erected to a height greater than one (1) story, not to exceed twenty (20) feet, when located closer to a neighboring property boundary or lot line than that which is permitted by the main residential structure. If the accessory building is located within the rear and side yard set-backs for the main residential structure, the accessory building may not exceed the maximum height allowed in that zone.
In all districts which require a front yard, no obstruction to view in excess of two (2) feet in height shall be placed on any corner lot within a triangular area formed by the street property lines and a line connecting them at points forty (40) feet from the intersection of the street lines, except a reasonable number of trees pruned high enough to permit unobstructed vision to automobile drivers; and pedestal-type identification signs and pumps at gasoline service stations.
No fence shall be constructed, erected, or installed without first providing Parowan City with written notice of the intent to construct a fence by providing Parowan City a draft sketch of the fence, including intended height and setbacks, and by verification that the respective owner’s property boundaries have been adequately identified. A permit shall be granted by Parowan City upon strict compliance with the following terms:
Any fence constructed prior to the enactment of this ordinance which is not in conformance with this ordinance or prior ordinances may be approved by the Planning Commission as a non-conforming use, if, after reviewing all factors, it is determined that said fence does not constitute a safety hazard. Should the fence become a safety hazard, encroach upon City property, or otherwise necessitate removal at the sole determination of the City, the Applicant shall remove that portion of the fence directed by the City within ten (10) days.
If approval is given by the Planning and Zoning Board, the applicant shall grant Parowan City the right to file a Notice of Nonconforming Fence with the Iron County Recorder which identifies the non-conforming fence for notification purposes. Any filing fees or other clerical costs necessary to facilitate the purposes of this Ordinance shall be paid by the applicant for the Nonconforming Fence.
All proposed building or proposed use within the Parowan City limits which is located within three hundred (300) feet of the public culinary water line shall be connected to the public water system. Sewer hookups are required for all homes within three hundred (300) feet of an existing sewer line in the City of Parowan. In those instances where the distance from an existing water line exceeds three hundred (300) feet, all proposed building or use will be required to have an approved culinary water source which meets established standards for health and safety. In those instances where the distance from an existing sewer line exceeds three hundred (300) feet, all proposed building or use will be required to have a septic system which meets the approval of the district public health department.
The installation of curb, gutter and sidewalks of a type approved by the Parowan City Council may be required on any existing or proposed street adjoining a lot on which a building is to be constructed or remodeled, or on which a new use is to be established. Such curbs, gutters, and sidewalks may be required as a condition of building or use permit approval.
Buildings, uses, and lots should be maintained in such a manner as to enhance community pride and beautification. No junk, rubbish, weeds, or other unsightly material or conditions (including cars in an inoperable condition for 6 months) shall be permitted on any lot, right-of-way, or easement or as a part of any building or use. The outside surface of buildings, all or part of which is constructed of wood, should, upon completion of construction, be coated with paint or other wood preservative.
Any proposed new infill development having more than two living units located behind an existing building on an interior lot in any residential zone shall be administered as a Planned Unit Development requiring a Conditional Use Permit.
The provisions of this section shall be enforced by the Chief of Police, as authorized by the City Council.
Structures and uses of land which are not expressly permitted within a zone are hereby declared to be expressly prohibited therein. Any use not expressly permitted can only become permitted by amendment of this land use ordinance.