This title shall be known as the "Zoning Title of Providence City, County of Cache, State of Utah."

(Code 1998, § 10-1-1; Zon. Ord., 5-8-1991; Ord. No. 005-2009, 09-22-2009; Ord. No. 004-2010, 04-13-2010; Ord. No. 001-2012, 04-10-2012; Ord. No. 001-2013, 08-06-2013; Ord. No. 019-2013, 10-08-2013; Ord. No. 023-2016, 10-11-2016; Ord. No. 2018-016, 12-11-2018; Ord. No. 2019-018, 10-22-2019)

1. Health, safety and welfare. The purposes of this title are to protect and promote the health, safety, order, prosperity, and general welfare of the present and future inhabitants of the city. This includes regulation on the height and size of buildings and other structures, percentage of lot that may be occupied, size of yards, courts, and other open spaces, density of population, and use of buildings, structures and land for trade, industry, residence or other purposes, and the landscaping thereof.
   1. Uncontrolled contamination sources must be restricted from zone one for wells in protected and unprotected aquifers. Pollution sources must be restricted from zone two for wells and springs in unprotected aquifers. Unless the pollution source agrees to install design standards which prevent contaminated discharges to groundwater (See Source Protection Zone Maps 1, 2, and 3).
   2. Definitions for the above paragraph are found in the Drinking Water Source Protection Rule, effective July 26, 1993, revised July 26, 1995, revised June 15, 1998.
2. Resource conservation. This title is also designed to conserve the value and integrity of rural residential neighborhoods, encourage attractive and functional commercial centers, ensure orderly growth, protect life and property from natural hazards, ensure efficient and safe traffic movement, increase or stabilize the local tax base, preserve culturally and historically important sites and landmarks, encourage good visual quality and high aesthetic standards and efficiently utilize and conserve the city's resources.

(Code 1998, § 10-1-2; Zon. Ord., 5-8-1991; Ord. No. 98-023, 1-26-1999; Ord. No. 005-2009, 09-22-2009; Ord. No. 004-2010, 04-13-2010; Ord. No. 001-2012, 04-10-2012; Ord. No. 001-2013, 08-06-2013; Ord. No. 019-2013, 10-08-2013; Ord. No. 023-2016, 10-11-2016; Ord. No. 2018-016, 12-11-2018; Ord. No. 2019-018, 10-22-2019)

1. Boundary. This title shall apply within the corporate boundary of the city.
2. Interpretation. In interpreting and applying the provisions of this title, the requirements contained herein are declared to be the minimum requirements for the purposes herein stated and shall not nullify the more restrictive provisions of covenants, conditions, agreements or other ordinances or laws, but shall prevail notwithstanding such provisions which are less restrictive.
3. Nonconforming uses. Any use or occupation of land previously approved as an exception or nonconforming use and having the status of an approved exception or nonconforming use as of the effective date of the ordinance from which this title is derived shall be permitted to continue as a lawful nonconforming use or exception. Any approved site plan and all other terms, covenants and conditions applicable as of the effective date of the ordinance from which this title is derived shall continue to apply and control the use and occupation of such land. Any proposed change, however, to any site plan or use and occupation shall be done in compliance with the conditions and requirements of this title (see PCC title 7).
4. District regulations. No building, structure or land may hereafter be used or occupied, and no building or structure or part thereof may hereafter be erected, constructed, moved or altered, except in conformance with all the regulations and restrictions applicable to the zoning district in which it is located.
5. Existing zoning ordinance. The zoning ordinance of the city, including any maps, is hereby superseded and amended to read as set forth herein; provided, however, that the ordinance from which this title is derived shall be deemed a continuation of the previous ordinance and not a new enactment insofar as the substance of revisions of the previous ordinance is included, whether in the same or in different language; and the ordinance from which this title is derived shall be so interpreted upon all questions of construction, including, but not limited to, questions of construction relating to tenure of officers and boards established by previous ordinances and to questions of conforming or nonconforming uses, buildings or structures and to questions as to dates upon which such uses, buildings or structures became conforming or nonconforming.

(Code 1998, § 10-1-3; Zon. Ord., 5-8-1991; Ord. No. 005-2009, 09-22-2009; Ord. No. 004-2010, 04-13-2010; Ord. No. 001-2012, 04-10-2012; Ord. No. 001-2013, 08-06-2013; Ord. No. 019-2013, 10-08-2013; Ord. No. 023-2016, 10-11-2016; Ord. No. 2018-016, 12-11-2018; Ord. No. 2019-018, 10-22-2019)

1. Zoning title. Changes and amendments to this zoning title shall be done in accordance with state law (U.C.A. 1953, § 10-9a-501).
2. Zoning change. Any change of zoning shall be by a vote of the city council with at least three councilmembers voting in favor of said change. Such action shall be taken only after a recommendation concerning such request for zoning change is received from the planning commission or after the time for response has elapsed, after public notification, and after a public hearing is held in accordance with state law.
   1. Application for rezone. A complete application must include the following:
      1. Payment of the application fee established by resolution.
      2. Written statement of the purpose for the rezone.
      3. Combined legal description of the area proposed for rezone.
      4. Map showing the area proposed for rezone, including the general location of all nondevelopable sensitive areas, all potentially developable sensitive areas, existing infrastructure (including, but not limited to, roads, water mains, sewer mains, stormwater facilities, parks, etc.), and any proposed infrastructure shown in the city's general plan and associated maps.
      5. Names and addresses for affected entities, as defined by U.C.A. 1953, § 10-9a-103.
      6. Names and addresses for adjacent property owners, as defined by PCC 1-3-2.
      7. Applicants are encouraged, but not required, to provide information about the type of housing, the layout of the development, etc., for the benefit of the planning commission.

(Code 1998, § 10-1-5; Zon. Ord., 5-8-1991; Ord. No. 005-2009, 09-22-2009; Ord. No. 004-2010, 04-13-2010; Ord. No. 001-2012, 04-10-2012; Ord. No. 001-2013, 08-06-2013; Ord. No. 019-2013, 10-08-2013; Ord. No. 023-2016, 10-11-2016; Ord. No. 2018-016, 12-11-2018; Ord. No. 2019-018, 10-22-2019)

1. Require notice. At a minimum, the city shall provide actual notice or the notice required by U.C.A. 1953, title 10, ch. 9a. (U.C.A. 1953, § 10-9a-101 et seq.).
2. Third-party (adjacent property owners) notice. Unless otherwise required by the state code, the city will require notice to be given to adjacent property owners of the adoption, modification, repeal or other action related to a land use ordinance. The city elects to provide notice to adjacent property owners as follows:
   1. Mail notice to the record owner of each parcel; and
   2. Post notice on the property with a sign of sufficient size, durability, print quality, and location that is reasonably calculated to give notice to passers-by.
3. Names and address of third-party persons. In addition to any other information required from an applicant or petitioner under the provisions of the land use ordinance, each applicant or petitioner shall submit to the municipality, with the required application or petition, a list stating the names and addresses of all owners of all relevant real property in order for the city to mail notice as set forth in this title. The cost of forwarding the notices may be charged to and collected from the applicant or petitioner.

(Code 1998, § 10-1-6(part); Ord. No. 004-2007, 1-23-2007; Ord. No. 005-2009, 09-22-2009; Ord. No. 004-2010, 04-13-2010; Ord. No. 001-2012, 04-10-2012; Ord. No. 001-2013, 08-06-2013; Ord. No. 019-2013, 10-08-2013; Ord. No. 023-2016, 10-11-2016; Ord. No. 2018-016, 12-11-2018; Ord. No. 2019-018, 10-22-2019)

State law reference—Notice requirements, U.C.A. 1953, § 10-9a-201 et seq.