Parowan City Zoning Code

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.

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.

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.

1. Permitted and approved accessory buildings located in the rear yard;
2. The projection of sills, eves and overhangs, bay windows, cornices, and other ornamental features attached to the main building, so long as these structures do not extend outward from the residence beyond the foundation or main part of the building by no more than 24 inches;
3. All unenclosed steps, and/or un-walled stoops and covered or uncovered porches so long as said steps, un-walled stoops or covered and uncovered porches:
   1. Do not protrude beyond the foundation or main building by more than 5 feet;and
   2. Do not exceed the height of 28 inches above the finished grade level at the foundation excepting support braces for a porch roof which shall not be any closer than 3 feet apart; and
   3. Said structure does not obstruct or block ones horizontal view in the yard areas; and
   4. Is not enclosed and does not have railings, excepting railings located at the side of the steps.
4. Provided that any buildings or parts of the main structure, as identified in this ordinance, or other constructed devices, are not closer than 15 feet to the edge of any City easement or public right-of-way.

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.

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.

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.

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:

1. Setback Area Defined. The term "setback area" shall refer to the setback area (as required by ordinance) along any street frontage whatsoever, whether it is the side yard or front yard of a property.
2. Interior Lot Requirements
   1. On all interior lots, a fence, not to exceed eight (8) feet in height, may be erected along all side and rear property lines but not in the setback area.
   2. In any setback area no wall, fence or hedge shall exceed forty-eight (48)inches.
   3. Where a fence, wall or hedge is located along an interior property line separating two (2) lots and there is a difference in grade of the two properties, the fence, wall or hedge may be erected or allowed to the maximum height permitted on either side of the property line.
3. Corner Lot Requirements
   1. On all corner lots, a fence or hedge, not to exceed eight (8) feet in height, may be erected along the rear and interior side lot line, but not in the yard setback area.
   2.  In all zones requiring a yard setback, a sight-obscuring fence may be constructed in the yard setback provided the same does not exceed twenty-four (24) inches or a non-obscuring fence (open fence) not to exceed twenty- four (24) inches or a non-obscuring fence (open fence) not to exceed forty- eight (48) inches in height may be constructed on any corner lot within a triangular area formed by the property lines abutting the street and a line connecting them at points twenty-five (25) feet from the intersection of the property line. A open fence shall in no way be closed in with adjacent plant materials or strips of material inserted into the fence so as to obstruct vision.
   3. A sight obscuring fence may be constructed in the yard setback which does not exceed forty-eight (48) inches provided the same is not located within the triangular area formed by the property lines abutting the street and a line connecting them at points twenty-five (25) feet from the intersection of the property line.
4. Fences on the Public Right-of-Way. No fence approved under this Chapter shall be erected beyond the property line, on the public right-of-way, without the issuance of a permit by the Parowan City Building Inspector or Zoning Administrator. Approval of a fence on the public right-of-way shall be subject to the following conditions:
   1. No fence shall be erected within three (3) foot radius of a fire hydrant.
   2. The City shall retain the right to direct the immediate removal of any fence on the public right-of-way for any purpose it deems necessary. Removal shall be at the sole expense of the property owner and be completed within ten (10) days of the formal request.
5. Fences for Recreational Use. On rear property lines, a chain link or deer fence may be erected to a height of twelve (12) feet for the purpose of enclosing a tennis court, swimming pool, other court game area, or protection from wildlife. Said fence may not be located within the front setback area of yards abutting a front, side, or street side yard.
6. Fences to be Required in Certain Areas. Site-obstructing fences shall be required along the boundary line in the following cases:
   1. Development of property next to a difference in uses (Commercial/Industrial vs. Residential):
      1. On all Commercial and Industrial developments, in areas zoned accordingly, having a common lot line with property used for or zoned for residential purposes shall require the construction of a minimum of a 6-foot-high Opaque/High-Screen masonry wall to be installed by the developer at time of land use application.
         
      2. On Residential developments having a common lot line with property used for or zoned for Commercial or Industrial purposes shall require the construction of a minimum of a 6-foot-high Opaque/High-Screen masonry wall to be installed by the developer at time of land use application.
         
         1. Unified Mixed-Use projects consisting of housing and commercial uses consisting of purpose-built shared pedestrian and vehicular access shall not require fencing between the mix of uses.
            
   2. Changes in Density.
      1. Any property which proposes residential construction adjacent to a property used for residential purposes where the difference in the total number of dwellings is three (3) or more residential units per acre shall require the construction of a Site-Obscuring Fence with a minimum height of six (6) feet. This provision shall not apply when less dense property already exhibits four (4) or more units.
      2. Said fence shall be reduced to forty-eight (48) inches in height inside the front yard setback area of the residential property.
   3. Conditional Uses: In the case of a commercial development permitted by conditional use in a residential neighborhood, an Opaque/High Screen Masonry Fence shall be constructed. However, fencing of a lower standard my be permitted by written mutual agreement between adjoining property owners. Said agreement shall be submitted to the Planning Commission for approval and be part of the Conditional Use Permit.
7. Fences on Controlled Access Streets. On streets designated by the City Engineer or City Manager as a controlled access street for the purpose of accessing a subdivision wherein the rear of the lots are located adjacent to a street and there is no intended ingress or egress to said homes from the controlled access street, then walls, fences or hedges may be erected to a height of eight (8) feet in the rear yard even though said lot borders a street provided said fence does not impair the intent and purpose of this Ordinance and setbacks are sufficient to assure safe ingress and egress onto the bordering street.
8. Fences Not Otherwise Identified and Previously Constructed Fences. The Planning and Zoning Board shall review all requests for any type of fence not specifically identified in this Chapter and may approve said fence if, in the opinion of the Board, the fence does not impair the intent and purpose of this Ordinance. 

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.

1. Any corral, barn, pen, coop, pasture or other structure housing animals shall be located no closer than seventy five (75) feet to any residential or commercial structure located on any adjacent lot. This provision does not apply to residential structures located on the same lot as the structure housing animals. Permanent corrals, sheds, pens, coops or other structures housing animals of any kind shall not be constructed closer than four (4) feet from any property line, unless otherwise provided for in this Ordinance;
2. Corrals shall be no smaller than one hundred forty-four (144) square feet for each large animal housing in said corral. All corrals shall be kept in a reasonably clean condition at all times;
3. The maximum number of animals allowed on any lot or parcel shall be four (4) large animals (horses, cows, mules or ponies). In no case will the total number of large animals exceed four (4);
4. Up to five (5) sheep or goats may be housed on a parcel of land in the place of each large animal;
5. The maximum number of small fowl or animals allowed on any lot or parcel shall be twenty-five (25);
6. Stud horses shall be housed in strong, panelled corrals or stalls, which shall be inspected by the Animal Control Officer;
7. Any other animals not listed above shall not be allowed unless approved by the Planning Commission under the Conditional Use procedures as outlined in PCMC 15.18.060.
8. No animals may be maintained or housed on any property located within 300 feet of the centerline on either side of Main Street, or within 300 feet of the centerline on either side of that part or portion of the road identified as 2nd South that is located West of Main Street to the intersecting line of l-15.
9. Any animals presently located within the restricted areas identified in H shall be a nonconforming use, and shall be regulated in accordance with PCMC 15.12.

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.