Saint George City Zoning Code

13 Overlay

Zones

10-13A-1: DENSITY AND DISTURBANCE STANDARDS:

A. The hillside development overlay zone (HDOZ) limits development densities and provides specific development incentives to transfer underlying zone densities from hillsides (sending areas), to less steep slopes or more safe development areas (receiving areas), within a development.

B. For those portions of a proposed development with natural slopes twenty percent (20%) or less, development density follows the density and development standards in the underlying zone.

C. For those portions of a proposed development with natural slopes from twenty-one percent (21%) to thirty percent (30%), development activity shall not disturb more than thirty percent (30%) of the parcel within this slope category.

D. For those portions of a proposed development with natural slopes from thirty-one percent (31%) to forty percent (40%), development activity shall not disturb more than five percent (5%) of the area within this slope category.

E. A proposed development may not disturb slopes in excess of forty percent (40%).

F. The applicant may:

1. Transfer all development density from steeper slope categories (sending areas), to areas within the development with natural slopes of twenty percent (20%) or less (receiving areas); and

2. Develop additional bonus density, calculated from each slope category, as follows:

a. Natural slopes twenty percent (20%) or less transferred on a one-to-one (1:1) unit basis; plus

b. One (1) additional density unit for each density unit transferred from natural slopes of twenty-one percent (21%) to thirty percent (30%); plus

c. Two (2) additional density units for each density unit transferred from natural slopes of thirty-one percent (31%) to forty percent (40%).

3. Unit calculation for the receiving area shall be based on the requirements of the sending area zone.

G. Density transfers to the receiving area may occur without a zone change within the receiving area even though the resulting density or configuration may exceed the density limits of the receiving area zone. Other than density, the receiving area’s zoning requirements apply to development in the receiving area. For instance, lot sizes may vary, but single-family zoning districts only allow single-family detached dwellings.

H. If the applicant proposes to develop within the twenty-one percent (21%) to forty percent (40%) slope area, the applicant cannot employ partial density transfers from the sending area and must propose a design, site development plans, and a grading plan that blends and harmonizes all aspects of the proposed development into the natural topography, and that minimizes road cuts and fills.

I. Non-disturb areas within a residential lot as shown on the slope analysis map shall not be used to calculate minimum lot size.

J. Disturbance standards do not apply to the city for limited city facilities: trails, parks, and utilities. (Ord. 2019-10-002, 10-10-2019)

10-13A-2: SLOPE AND SLOPE AREAS DETERMINED:

A. Slope shall be determined for each significant portion of a development parcel.

B. Procedure: The applicant shall map the location of the natural slope by using the following procedure:

1. Preparation of Contour Maps: The applicant shall submit an accurate, current contour map, prepared and certified by a licensed professional engineer or surveyor, which shows all land contours at intervals no greater than five feet (5'), drawn at a one inch (1") equals one hundred feet (100') scale maximum.

2. Verification through Field Surveys: The city engineer or designee may require the applicant to submit a field survey to verify the accuracy of the contour map.

C. Determination of Slope Areas: Using the contour map, natural slopes shall be calculated using points identified as natural slopes of twenty percent (20%), thirty percent (30%), and forty percent (40%), and shall be located on the contour map and connected by a continuous line. That area bounded by said lines and intersecting property lines shall be used for determining project density. Small washes or outcrops, which have slopes distinctly different from surrounding property, and are not part of the contiguous topography, may be excluded from the slope determination. (Ord. 2019-10-002, 10-10-2019)

10-13A-3: HDOZ SITE, HILLSIDE DEVELOPMENT APPLICATION, APPROVAL AND EXPIRATION (HDOZ PERMIT):

A. An application for hillside development approval to develop in the HDOZ on slopes of twenty-one percent (21%) or greater or in a high category rockfall area shall be submitted first to the planning commission. Final approval shall be determined by city council (HDOZ permit). Each application shall include the following:

1. Site Development Plans: Site development plans must be prepared by a licensed engineer, or licensed landscape architect, and must include:

a. A grading or earthmoving plan showing:

(1) Topography: Existing and proposed contours and cross sections showing the topography of the existing ground extending at least one hundred feet (100') outside of all boundary lines of the site, or sufficient to show on- and off-site drainage. Property contours shall be shown at two foot (2') intervals for plateaus and five foot (5') intervals for steep slopes.

(2) The slope of proposed cuts and fills.

(3) The height of any cut or fill does not exceed ten feet (10') when measured vertically from the finished grade to the intersection of the slope with the natural undisturbed ground.

(4) The combined height of cuts and fills does not exceed twenty feet (20').

(5) A mitigation plan showing proposed retaining, terracing and landscaping or other techniques to stabilize, amend and mitigate the cuts and fills.

b. Detailed plans of all surface and subsurface drainage systems and facilities, walls, cribbing or other erosion protection devices, to be constructed in connection with, or as part of, the proposed project, together with a map showing the drainage area and estimated runoff of the area served by any drainage systems or facilities.

c. Detailed plans of all drainage systems and facilities that store, control, treat, or convey storm water.

d. Detailed plans showing that all surface and subsurface drainage shall be consistent with the city’s MS4 permit and compatible with the city flood control master plan and storm water drainage system. Residential plans must show that each lot conveys its drainage to the street, and that there are no shared systems, facilities, or responsibilities with other lot owners to convey it, unless the proposed drainage is in common area with a property owners’ association to own and maintain it.

e. Streets, Buildings, Easements: The location of any existing and proposed streets, buildings or structures, easements and drainage channels on the property.

f. Elevation Drawings: Detailed site plans and elevation drawings showing location of all structures and how and to what extent hillside cuts will be covered and/or retained by proposed development.

g. Landscape and Vegetation Plan: A landscape plan, prepared by a licensed landscape contractor or a landscape architect, in conjunction with the overall site plan, shall be submitted for approval. The plan shall outline areas being excavated and filled and describe in detail how the developer will restore or replant these areas. The plan shall specify types of retention being used, together with sprinkler plans and water-usage methods suitable to the soils of the project.

h. Terrain Details: Special notes and details of the existing terrain shall be noted on the required topographic information.

i. Proposed Earthmoving Details: The dimensions, elevations and contours of any proposed earthmoving shall be shown.

j. Material Disposal: A description shall be included of the methods to be employed in disposing of soil and other material removed, including the location of the disposal site.

k. Timetable: A schedule shall be included showing when each stage of the project will be completed, including the estimated starting and completion dates.

2. Drainage Control Plan and Report: A drainage control plan and report prepared by a licensed professional civil engineer registered in the state shall be submitted with each application. The design of the drainage control system shall be based upon the following criteria:

a. Separate from Sewer System: All drainage systems shall be separate and independent from the sanitary sewer system.

b. Design: Drainage and flood control shall be designed in conformance with the city flood control master plan where applicable.

c. Natural Drainage Channels: Property development shall not cause a natural drainage channel to be filled in, obstructed or diverted without prior city approval. When modification to a natural drainage channel is proposed within the development, such changes will be addressed in the drainage study and shown on the improvement plans including offers to dedicate rights-of-way or record drainage easements for structures and/or improvements needed to carry storm runoff in the event approval is given for the proposed modifications.

d. Approval Required for Change: The point of location where the natural drainage channel enters and leaves the property may not be changed without approval of the city engineer or designee.

e. Drainage Basin Upstream of Development: All of the drainage basins upstream of the development shall be considered to be fully developed in conformance with the city’s current land use master plan. Effects on the downstream property owners relative to increased flood potential and nuisance water shall also be considered in the design, including acquisition of easements or agreements where necessary, or construction or modification of improvements where needed.

f. Use of Existing Facilities: The developer shall provide the necessary means to assure drainage within the property being developed by making use of existing facilities or natural washes and constructing master planned improvements.

g. General Requirement: Each new development shall manage its storm water runoff and maintain its storm water management system in such a manner that no net increase in storm runoff above the natural state will occur on the downstream properties. In other words, the pre-project flows must not be exceeded by the post-project flows throughout the life span of the project.

h. Street Usage: Streets are significant and important in urban drainage, and full use shall be made of streets for storm runoff up to reasonable limits, recognizing that the primary purpose of streets is for traffic. Reasonable limits of the use of streets for transportation of storm runoff shall be governed by the below listed design criteria:

Street Classification	Maximum Encroachment
Hillside access/hillside local	No curb overtopping. Flow may spread to crown.
Local road	No curb overtopping. Flow spread must leave at least 1 lane free of water.
Minor collector	No curb overtopping. Flow spread must leave 1 lane free of water in each direction (total, 2 lanes free of water).

(1) When the above encroachment is exceeded, an independent storm water system shall be designed and constructed based on a ten (10) year storm.

(2) One Hundred (100) Year Storm: The storm water from a one hundred (100) year frequency storm shall be adequately conveyed either within the limits of the street right-of-way or in storm drain easements without creating flood hazards to buildings or dwellings.

i. Underground Pipe Systems: When an underground pipe system is required, it shall be designed to carry a ten (10) year storm. Major hydraulic structures shall be designed to carry a twenty-five (25) year storm. The minimum storm drain size shall be twelve inches (12").

j. Retention Basins on Hillsides: Unless specifically permitted, retention basins on hillsides are not allowed.

k. Detention Basins: Detention shall be allowed where it is compatible with all required reports. Detention basins shall be used for the purpose of eliminating the effects of the peak runoff of storms and releasing water flow at the pre-project, or approved rate.

l. Cross-Gutter Drains: Cross-gutter drains on streets shall be avoided wherever possible. They are not allowed on major collector, midblock, and higher order streets.

m. Drainage Plan Consistency: Drainage plans must be consistent with all other reports, e.g., geotechnical, soils, landscaping.

n. Groundwater Sources: When springs or other groundwater sources are found on the developer’s property, the construction of an underground pipe system to eliminate the nuisance of this water is required. Minimum pipe size shall be twelve inches (12"). Overland flow will not be allowed for water that is continuously present.

o. Building Construction: All buildings shall comply with the standards set forth in section 10-13C-4 as applicable.

p. Erosion Elimination: Necessary measures shall be taken to prevent erosion and scour at all points throughout the development. It shall be mitigated at all points of discharge and at the face of any cut or fill slope throughout the development.

q. Control During Grading or Construction: During grading or construction on any property (including off-site construction), the developer shall control both water used for construction and storm runoff in such a manner as to not affect any adjoining properties, nor add silt or debris to any existing storm drain, wash, channel or roadway.

3. Drainage Plan: The drainage plan shall meet city drainage plan specifications.

4. Drainage Report (Hydrology Study): The drainage report shall comply with city specifications.

5. Geology and Soils Report: A geology and soils report prepared by a licensed professional engineer trained and experienced in the practice of geotechnical engineering that contains the following information:

a. Slope Stability Analysis: Slope stability analysis; conclusions and recommendations concerning the effects of material removal; introduction of water, both on and off site, including, where applicable, on mesa tops; seismic activity; and erosion on slope stability.

b. Foundation Investigation: Foundation investigation; conclusions and recommendations concerning the effects of soil conditions on foundation and structural stability, including bearing capacity, sheer strength, and shrink/swell potential of soils.

c. Spring Location: The location and yield of springs and seeps.

d. Structural Features: Structural features including any geological limitations.

e. Surface Hazards: Existence of surface hazards including potential for rockfalls and toppling failures to cliffs, slopes and overhangs above the subject property.

f. Effect of Geologic Conditions: Conclusions and recommendations regarding the effect of geologic conditions on the proposed development, together with recommendations identifying the means proposed to minimize any hazard to life or property, or adverse impact on the natural environment.

B. HDOZ Permit Expiration: An HDOZ permit expires eighteen (18) months after approval by city council, or upon expiration of the preliminary plat or site construction drawings, whichever is later. An extension of six (6) months may be granted if the city finds that it is warranted for good cause shown. A request for an extension shall be filed not less than thirty (30) calendar days prior to the expiration date. (Ord. 2019-10-002, 10-10-2019; amd. Ord. 2020-11-011, 11-5-2020)

10-13A-4: PROPERTY MITIGATION:

Cash or an irrevocable letter of credit to assure hillside restoration shall be provided prior to issuance of a hillside development permit for projects disturbing more than one (1) acre, or where determined necessary by the city engineer or designee on projects involving less than one (1) acre. Such financial assurance shall be provided in an amount sufficient to ensure necessary soil stabilization, including grading, planting and maintenance, in the event the applicant fails to complete the hillside restoration in accordance with the approved plan within one (1) year from the issuance of the permit. The financial guarantee shall cover the cost, as estimated by an approved landscape architect, or qualified contractor, or a civil or a geotechnical engineer, and approved by the city engineer or designee, to restore the hillside to an acceptable level of appearance and stability. (Ord. 2019-10-002, 10-10-2019; amd. Ord. 2020-11-011, 11-5-2020)

10-13A-5: STREET DESIGN:

The following standards apply to public and private streets within the zone:

A. Street Grades: The maximum allowed street grade is fifteen percent (15%).

B. Intersections: Roads shall intersect at ninety-degree (90°) angles.

C. Intersection Spacing: Intersections should be spaced far enough apart so that the traffic stopped to make left turns at one intersection does not interfere with traffic movements at the adjacent intersections.

1. On low-volume streets such as access roads to minor collectors or minor collectors to minor collectors, the minimum spacing distance is one hundred twenty-five feet (125');

2. For minor collectors to major collectors, the minimum spacing distance is two hundred fifty feet (250').

D. Design Speed: The design of geometric features such as horizontal and vertical alignment will depend on the design speed selected for each street. The design speed is primarily determined by the street function and classification and is the maximum speed for safe and comfortable operation of a vehicle. Other than a major collector, all streets in hillside areas are classified as low speed streets (thirty-five (35) miles per hour or less).

Street Design Classification	Design Speed	Posted Speed
Minor collector	30	30
Local road	25 – 30	25
Hillside local	25	25
Hillside access	25	25

E. Clear Sight Distance at Intersections: Adequate, clear sight distance is required at intersections, as follows:

Posted Speed of Higher Order Road	Minimum Y	Desired Y
20	210	240
25	260	300
30	310	380
35	365	475

F. Vertical Curves and Intersection Relationship: The vertical alignment of residential streets shall comply with latest editions of AASHTO geometric design of highways and streets. See table below for listing of pertinent design criteria:

Design Speed	Crest “K” Value	Sag “K” Value
20	10	20
25	20	30
30	30	40
35	40	50

L = KA (for minimum sight distance on a vertical curve).

L = Length of vertical curve for proper sight distance.

A = Algebraic difference in grade.

Vertical alignment with the intersection is also of special nature, and design alternatives may be required. As a guideline, the approach area where vehicles stop while waiting to enter an intersection shall not exceed four (4%) to five percent (5%) from the gutter line of the street being intersected for a distance of fifty feet (50'), though a range of fifty feet (50') to one hundred feet (100') is more desirable. This applies to all intersections, except those intersections where both intersecting streets are minor collectors. The landing area for a minor collector shall be designed for a grade of two percent (2%) to three percent (3%) for a distance of one hundred feet (100').

G. Safe Stopping Sight Distance: The minimum sight distance to be provided before a stop is required is included in the table below:

Design Speed	Computed	Recommended Distance	Add-On for 15% Grade
20	106.7	125	20
25	146.5	150	36
30	195.7	200	64
35	248.4	250	95

H. Horizontal Curves: The minimum centerline radius for horizontal curves on low-speed residential streets is:

Street Classification or Speed	Curve Radius in Feet
Private streets	50 – 100
20 mph	100 – 150
25 mph	185
30 mph	310

I. Street Cross-Section Standards: The requirements for street cross-section configurations are based on the following factors:

1. Traffic capacity;

2. Design speed;

3. Projected traffic;

4. Designs to reduce scarring.

J. Alternate road cross sections, such as grade separated streets, may be used if applicable safety and traffic standards are met.

K. Elimination of sidewalk on one side of the road may be approved when elimination of one (1) sidewalk can appreciably reduce the amount of hillside disturbance. Other considerations may also warrant its elimination. When one (1) sidewalk is eliminated, the remaining sidewalk shall be increased by one foot (1') in width.

L. The following table sets forth the requirements for street standards for single-family residential development.

Maximum Grade	Street Classification	Width ROW	Width TBC	Pavement Width	Width Sidewalk	ADT
12%	Minor collector	60'	50'	45'	5'	1,500 – 3,500
15%	Local road	50'	40'	35'	4'	750 – 1,500
15%	Hillside local	45'	35'	30'	4'	150 – 750
15%	Hillside access	41'	31'	26'	4'	0 – 150

(Ord. 2019-10-002, 10-10-2019)

10-13A-6: BUILDING SETBACKS AND ADDITIONAL DESIGN STANDARDS:

A. Front Setback along Streets: Along streets where the slope of the adjacent property to the street is over fifteen percent (15%), the minimum setback is twenty feet (20').

B. Setbacks: All setbacks shall conform to the underlying zone criteria except as provided herein. No structure or accessory structure shall be constructed within the setback area as defined below. However, a see-through wrought iron fence with at least fifty percent (50%) of the fence open, landscaping, and a nonvertical swimming pool are permitted in the setback area.

1. Ridgelines: All ridgelines as shown on the ridgeline map shall be subject to the setback provisions contained herein. Setbacks from ridgelines not identified on the ridgeline map shall be a minimum of thirty feet (30'), or greater if recommended in the geotechnical reports.

2. Plateaus: On plateaus, the setback from the ridgeline shall be a minimum of fifty feet (50') unless a greater setback is recommended in the geotechnical reports.

C. Cuesta: Where a ridgeline occurs on a cuesta, the minimum setback shall be one hundred feet (100') measured normal (perpendicular) to the closest point of the ridge, unless a greater setback is recommended in the geotechnical report.

1. Retaining walls shall be colored to blend into the surrounding natural geology.

2. Retaining wall height is limited to the heights set forth in chapter 18 of this title and the standards for rock wall construction.

3. Building exterior colors shall be earth tone and blend with the surrounding natural landscape.

4. In residential zones, “no disturbance” areas shall be held as the “common area” of a project. Common areas shall be owned and maintained by the homeowners’ association or may be deeded to the city when accepted by the city.

5. In nonresidential zones, any “no disturbance” area shall be identified on the final site plan or final plat.

6. Any required no disturbance area shall be identified on the ground with temporary fencing or other approved means to prevent accidental disturbance of the area during construction and such fencing shall be installed prior to issuance of a grading permit.

7. The building site shall be located on the flattest portion of the parcel.

8. No structure shall extend over any natural ridgeline. The structure shall be in contact with the ground at all edges. (Ord. 2019-10-002, 10-10-2019)

10-13A-7: VERIFICATION OF COMPLIANCE:

For developments on a development parcel of more than one (1) acre containing slopes greater than twenty percent (20%) or in a rockfall hazard area, certification by a Utah registered engineer that the development has been completed in compliance with the approved HDOZ permit, including satisfaction of any conditions contained in the permit, is required. The improvements required by the HDOZ permit are essential for the life, health and safety of the future users and occupants of the property. All essential improvements shall be completed prior to approval of permanent electric power service. Failure to complete all essential improvements shall result in the suspension of the building permit. The financial assurance shall not be released until such certification has been received by the city engineer or designee of satisfaction of all conditions contained in the permit. (Ord. 2019-10-002, 10-10-2019; amd. Ord. 2020-11-011, 11-5-2020)

10-13A-8: HILLSIDE REVIEW BOARD:

A. Established: There is hereby established a hillside review board for the city.

B. Powers and Duties: The hillside review board shall have the following responsibilities:

1. Review proposed development within the hillside development overlay zone or in a high category rockfall area and make a recommendation to the planning commission to adopt, modify, or reject a proposal.

2. Provide advice and support as needed to the city staff, planning commission and city council in connection with reviewing requests for zone changes or other development applications within the hillside development overlay zone or in a high category rockfall area.

C. Membership, Appointment: The hillside review board shall consist of five (5) members as follows:

1. Two (2) persons who are experts in any of the following fields: landscaping, architecture, civil engineering, geology, real estate or similar applicable areas of expertise; and three (3) citizens of the city representing the public at large. If it is not possible to fill the member positions of the field of expertise, these positions shall be assumed by citizens at large.

2. All members shall be appointed by the mayor with the approval of the city council. The board shall select a chairperson and determine a meeting schedule.

D. Membership, Terms, Vacancies: The members of the hillside review board, appointed as provided above, shall serve for two (2) years on overlapping terms. Vacancies shall be filled by appointment for the unexpired portion of the term.

E. Quorum – Vote Required: A quorum of the hillside review board shall be three (3) members; and a majority vote of a quorum shall be required for a decision of any matter before the board, but the minimum number of yes votes required for a decision shall never be less than three (3). If a quorum is not present, no meeting shall be held, and any items of business shall be continued to the next meeting of the board. (Ord. 2020-06-002, 6-4-2020; amd. Ord. 2020-11-011, 11-5-2020. Formerly 10-13A-9)

10-13A-9: APPEALS:

The applicant may appeal a decision in accordance with chapter 3 of this title. (Ord. 2019-10-002, 10-10-2019; amd. Ord. 2020-06-002, 6-4-2020; Ord. 2020-11-011, 11-5-2020. Formerly 10-13A-9, 10-13A-10)

10-13B-1: GENERAL REQUIREMENTS:

A. Overlay Areas with Geologic Hazards: Development is not permitted in overlay areas with geologic hazards without compliance with all requirements in this chapter, and approval of the land use authority. Applications and development that do not meet the requirements of this chapter shall be denied. Geologic hazards include: surface fault rupture, earthquake ground shaking, liquefaction, landslide, and rockfall.

B. Overlay Areas with Adverse Construction Conditions: Development is not permitted in overlay areas with adverse construction conditions without compliance with all requirements in this chapter, and approval of the land use authority. Applications and development that do not meet the requirements of this chapter shall be denied. Adverse construction conditions include: expansive soil and rock, collapsible soil, gypsiferous soil and rock, shallow bedrock, caliche, wind-blown sand, breccia pipes and paleokarst, soil piping and erosion, and shallow ground water. The Federal Emergency Management Agency (FEMA), the Utah Department of Natural Resources (DNR) and its Utah Geological Survey (UGS) hazard maps for the St. George area, as amended, are adopted. (Ord. 2019-10-002, 10-10-2019)

10-13B-2: DEVELOPMENT IN GEOLOGIC HAZARD AREAS (UGS 1 – 4):

A. Geologic Hazard Areas (UGS 1 – 4: subsections A1 through A4 of this section): For any development in the city with a geologic hazard listed below, applicant shall submit a report prepared by a qualified, licensed geologist specializing in engineering geology, or a licensed civil engineer, trained and experienced in the practice of geotechnical engineering. Development in the geologic hazard overlay for high category rockfall areas shall be reviewed by the hillside review board.

1. Surface fault rupture and earthquake: well-defined Holocene, and well-defined fault areas, red and purple lines/categories (extending five hundred feet (500') on the downthrown side and two hundred fifty feet (250') on the upthrown side of each red/purple fault line).

2. Liquifaction: Very High category.

3. Landslide: Very High category.

4. Rockfall: High category.

1. Submit a site-specific report prepared by a qualified, licensed geologist specializing in engineering geology, or a licensed civil engineer, trained and experienced in the practice of geotechnical engineering with the following minimum requirements:

a. Identify all geologic hazard areas (UGS 1 – 4: subsections A1 through A4 of this section);

b. Identify any other geologic hazards, not listed above (UGS 1 – 4: subsections A1 through A4 of this section), which present an unacceptable risk to development;

c. Demonstrate which areas of the development are suitable for the proposed use;

d. Recommend specific measures necessary to make the land suitable for the proposed use;

e. Recommend the optimal placement of all structures, roadways, utilities, trails and infrastructure in relation to the geologic hazard area;

f. Slope stability analysis: conclusions and recommendations concerning the effects of material removal, introduction of water, both on and off site, including, where applicable, on mesa tops, seismic activity, and erosion on slope stability;

g. Foundation investigation: conclusions and recommendations concerning the effects of soil conditions on foundation and structural stability, including bearing capacity, sheer strength, and shrink/swell potential of soils;

h. Spring location: the location and yield of springs and seeps which shall be shown on the site plan;

i. Structural features: structural features including any geological limitations;

j. Surface hazards: existence of surface hazards including potential for rockfalls and toppling failures to cliffs, slopes and overhangs above the subject property; and

k. Effect of geologic conditions: conclusions and recommendations regarding the effect of geologic conditions on the proposed development, together with recommendations identifying the means proposed to minimize any hazard to life or property, or adverse impact on the natural environment.

2. The city shall review the applicant’s report. If the applicant’s report is deemed adequate by the city engineer or designee, development may proceed if the report recommendations are followed. If the report is deemed incomplete or inadequate by the city engineer or designee, the development application shall be denied. If denied, the applicant may request an independent review, and the city engineer or designee may order a review by independent, qualified professionals. The professionals selected by the city shall review and prepare written findings and comments on the applicant’s report. The cost of the independent, qualified professionals shall be paid to the city by applicant. Applicant may develop if the independent review and written findings and comments are implemented, in addition to any nonconflicting recommendations in the initial report of applicant. The city engineer or designee is the land use authority for the decision. The reports shall be specifically identified on the plat and available to all owners and interested parties.

3. All development shall be outside the geologic hazard areas in subsections A1 through A4 of this section, unless:

a. The city has accepted applicant’s report, prepared by a qualified, licensed geologist specializing in engineering geology or a licensed professional engineer trained and practicing in the field of geotechnical engineering, and it recommends development, and shows hazards can be adequately mitigated for the proposed land use;

b. If the city has not accepted applicant’s report, the applicant also adopts and implements the independent review and writing findings and comments, in addition to any nonconflicting recommendations in applicant’s report;

c. All report recommendations, and HDOZ permit conditions (when required), are adopted by the city and are conditions of development.

4. Hold the city harmless from all claims resulting from any damage related to development within a geologic hazard area by executing a “geologic hazard disclaimer of liability and agreement” and by placing a “notice of hazard” on the final plat.

5. The applicant may appeal a decision in accordance with chapter 3 of this title.

C. Compliance: No structure or land shall be constructed, located, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations.

D. Abrogation and Greater Restrictions: This chapter is not intended to repeal, abrogate or impair any existing easement, covenant or deed restriction; however, where this chapter and another ordinance, easement, covenant or deed restriction conflict or overlap, the more stringent restriction shall prevail.

E. Interpretation: In the interpretation and application of this chapter, all provisions are minimum requirements in addition to applicable provisions of this title. (Ord. 2019-10-002, 10-10-2019; amd. Ord. 2020-11-011, 11-5-2020)

10-13B-3: DEVELOPMENT IN ADVERSE CONSTRUCTION CONDITION AREAS:

For any development in the city in an overlay area with an adverse construction condition, applicant shall submit a site-specific report prepared by a qualified, licensed engineer trained and experienced in the practice of geotechnical engineering identifying all adverse construction conditions. The report shall recommend development-design mitigations to prevent damage due to the adverse construction conditions. The city shall review the applicant’s report. If the applicant’s report is deemed adequate by the city engineer or designee, development may proceed if the report recommendations are followed. If the report is deemed incomplete or inadequate by the city engineer or designee, the development application shall be denied. If denied, the applicant may request an independent review, and the city engineer or designee may order a review by independent, qualified professionals. The professionals selected by the city shall review and prepare written findings and comments on the applicant’s report. The cost of the independent, qualified professionals shall be paid to the city by applicant. Applicant may develop if the independent review and written findings and comments are implemented, in addition to any nonconflicting recommendations in the initial report of applicant. The city engineer or designee is the land use authority for the decision. The report shall be specifically identified on the plat and available to all owners and interested parties. (Ord. 2019-10-002, 10-10-2019)

10-13C-1: SPECIAL FLOOD HAZARD AREAS:

The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in a scientific and engineering report entitled “the flood insurance study” for the city of St. George, Utah, dated August 19, 1987, with an accompanying flood insurance rate map (FIRM), is hereby adopted as an overlay zone by reference and declared to be a part of this chapter, and any amendments, alterations or additions to said study or the FIRM hereafter at any time made by FEMA shall immediately and automatically be adopted by reference and, in their amended form, become a part of this chapter. The study and FIRM, as either or both may be revised from time to time, shall be kept on file at the city office, 175 East 200 North, St. George, Utah. (Ord. 2019-10-002, 10-10-2019)

10-13C-2: REQUIREMENTS:

A. Compliance: No structure shall be constructed, located, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations.

B. Abrogation and Greater Restrictions: This chapter is not intended to repeal, abrogate or impair any existing easement, covenant or deed restriction; however, where this chapter and another ordinance, easement, covenant or deed restriction conflict or overlap, the more stringent restriction shall prevail.

C. Interpretation: In the interpretation and application of this chapter, all provisions are minimum requirements in addition to applicable provisions of this title. (Ord. 2019-10-002, 10-10-2019)

10-13C-3: ADDITIONAL REQUIREMENTS FOR DEVELOPMENT IN THE FLOOD HAZARD AREA – FLOOD HAZARD DEVELOPMENT PERMIT:

A. In addition to the general requirements for development, above, all development in the flood hazard area shall meet the following additional requirements in this section.

B. Flood hazard development permit application prepared by a registered professional engineer shall be submitted before construction or development begins within any area of special flood hazard. Application for a flood hazard permit shall be made on forms furnished by the city engineer or designee and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of any development or substantial improvement, together with any existing structures, fill, storage of materials and drainage facilities. Specifically, the following information is required:

1. Elevation in relation to mean sea level, or the lowest floor (including basement) of all structures;

2. Elevation in relation to HCN (horizontal control network) to which any structure has been floodproofed;

3. Certification by a registered professional engineer that the floodproofing methods for any nonresidential structure meet the floodproofing criteria of FEMA and this chapter; and

4. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. Descriptions shall include details of erosion protection, floodplain cross sections, profiles, and any other relevant information, prepared by a registered professional engineer;

1. City Engineer: The city engineer or designee is the land use authority to administer and implement this chapter and maintain for public inspection all records pertaining to the provisions of this chapter;

2. Authority: The city engineer or designee shall review flood hazard development permit applications to determine if:

a. All necessary permits have been obtained from federal, state or local governmental agencies from which prior approval is required,

b. The proposed development is located in the floodway,

c. The encroachment provisions of this chapter are met for any proposed development in the floodway;

D. Use of Other Base Flood Data: In areas where no base flood elevation data has been provided in accordance with section 10-13C-1 establishing the areas of special flood hazard, and the city engineer or designee determines flood hazards exist, the city shall advise property owners that flood conditions exist, and the city engineer or designee may use reasonable base flood elevations, floodway or related data available from other sources as criteria for any new construction, substantial improvements or other development that may be necessary to comply with the provisions of this chapter.

a. Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement,

b. For all new or substantially improved floodproofed structures:

(1) Verify and record the actual elevation (in relation to mean sea level) to which the structure has been floodproofed,

(2) Maintain the floodproofing certifications required in section 10-13C-4;

2. Maintain for public inspection all records pertaining to the provisions of this chapter;

a. Notify affected communities and the state department of public safety prior to any alteration or relocation of the water course and submit evidence of such notification to FEMA,

b. Require that maintenance be provided within the altered or relocated portion of said watercourse, so the flood-carrying capacity is not diminished;

4. Interpretation of FIRM Boundaries: Make interpretations, where needed, with the exact location of the boundaries of the areas of special flood hazard;

E. Appeal Procedure: Persons contesting specific applications of this chapter may appeal those applications in accordance with chapter 3 of this title. (Ord. 2019-10-002, 10-10-2019)

10-13C-4: ADDITIONAL REQUIREMENTS FOR DEVELOPMENT IN THE FLOOD HAZARD AREA – PROVISIONS FOR FLOOD HAZARD REDUCTION:

A. Application: In addition to the general requirements for development or zone changes in a flood hazard area, all development in the flood hazard area shall meet the following additional requirements for flood hazard reduction: The general standards set out in subsections B through E of this section are required. In areas of special flood hazard where base flood elevation data has been provided as set forth in section 10-13C-1, or hazard determination has been made by the city engineer or designee pursuant to section 10-13C-3D, the specific standards of subsection F of this section are also required.

1. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure and make it capable of resisting hydrostatic and hydrodynamic loads;

2. All manufactured homes shall be elevated and anchored to resist flotation, collapse or lateral movement and be capable of resisting hydrostatic and hydrodynamic loads. Methods of anchoring may include, but are not limited to, the use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces. Specific requirements are:

a. Over-the-top ties shall be provided at each of the four (4) corners of the manufactured home, with two (2) additional ties per side at intermediate locations; with manufactured homes less than fifty feet (50') long requiring one (1) additional tie per side;

b. Frame ties shall be provided at each corner of the home with five (5) additional ties per side at intermediate points; with manufactured homes less than fifty feet (50') long requiring four (4) additional ties per side;

c. All components of the anchoring system shall be capable of carrying a force of four thousand eight hundred (4,800) pounds; and

d. Any additions to the manufactured home shall be similarly anchored;

a. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage;

b. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

C. All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located to prevent water from entering or accumulating within the components during conditions of flooding.

1. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;

2. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems, and minimize or eliminate discharge from the systems into flood waters; and

3. On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them, during flooding.

1. All new development proposals, including subdivisions, located within an erosion hazard area shall be consistent with the need to minimize erosion damage. Proposals within these areas shall comply with the following requirements:

a. Meet all applicable provisions of this title;

b. Meet all applicable provisions of the International Building Code with regard to wall and footing setbacks for slopes, grading, drainage and compaction of fills;

c. Provide an engineering study, prepared by a professional civil engineer licensed to practice in the state, which includes a hydraulic analysis, a historical and geological evaluation of potential erosion hazards, and an analysis of long-term channel degradation, movement and bank erosion. The study shall also include recommendations for erosion protection measures, if any. The study shall include the engineer’s professional opinion that when the erosion protection measures, if any, are implemented, the proposed development will not be adversely affected by erosion and that the erosion protection measures, if any, will not adversely affect reaches or development upstream, downstream, and across river over a one hundred (100) year planning period;

d. Provide for the perpetual maintenance of the erosion protection, at no cost to the city or other public agency;

e. Provide a maintenance and access easement to any erosion protection. Access to erosion protection shall be located and constructed to minimize flood damage;

f. Obtain necessary section (404) permit from the United States Army Corps of Engineers, and stream alteration permits from the office of the Utah State Engineer prior to any construction activity at no cost to the city; and

g. Hold the city harmless from all claims resulting from erosion or any other flood-related damage to development within an “erosion hazard area” by executing a “flood and erosion hazard disclaimer of liability and agreement” and by placing a “notice of hazard” on the final plat if applicable;

2. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;

3. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage by providing drainage through each lot, unless joint drainage facilities are owned and maintained by an owners’ association; and

4. Base flood elevation data shall be provided for subdivision proposals and other proposed developments which contain at least fifty (50) lots or five (5) acres (whichever is less), or as may be otherwise required by the city engineer or designee.

1. Nonresidential Construction: New construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to one foot (1') above the level of the base flood elevation, or together with attendant utility and sanitary facilities, shall:

a. Be floodproofed so that below the base flood level the structure is watertight from the passage of water;

b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy;

c. Be certified by a registered professional engineer that the standards of this subsection are satisfied;

d. Require within an AO and AH zone on the FIRM that all new construction and substantial improvements of nonresidential structures:

(1) Have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM (at least two feet (2') if no depth number is specified), or

(2) Together with attendant utility and sanitary facilities be completely floodproofed to that level to meet the floodproofing standard specified in this subsection F1 of this section; and

e. Require within zones AO and AH adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures;

a. New construction and substantial improvement of any residential structure shall have the lowest floor (including basement) elevated to two feet (2') or more above the base flood elevation;

b. Require within any AO and AH zone on the FIRM that all new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM (at least two feet (2') if no depth number is specified);

c. Require within zones AO and AH adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures;

d. Require within an A zone on the FIRM that all new construction and substantial improvements of residential structures have the lowest floor (including basements) elevated at least one foot (1') above the highest adjacent grades; and

e. Require within zone A on the FIRM adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures;

a. Manufactured homes shall be anchored in accordance with subsection B of this section;

b. All manufactured homes or those to be substantially improved shall conform to the following requirements:

(1) Manufactured homes that are placed or substantially improved on a site:

(A) Outside of a manufactured home park or subdivision,

(B) In a new manufactured home park or subdivision,

(D) In an existing manufactured home park or subdivision on which a manufactured home has incurred “substantial damage” as the result of a flood,

Shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to one foot (1') above the level of the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement, and

(2) Manufactured homes to be placed or substantially improved on sites in existing manufactured home parks or subdivisions that are not subject to the provisions in subsection F1 of this section shall be elevated so that either the lowest floor of the manufactured home is at or above the base flood elevation, or the manufactured home chassis is supported by reinforced piers or other foundation elements that are no less than thirty-six inches (36") in height above grade and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement;

4. Recreational Vehicles: Recreational vehicles shall either:

a. Be on the site for fewer than one hundred eighty (180) consecutive days;

b. Be fully licensed and ready for highway use; or

c. Meet the permit requirements, elevation, and anchoring requirements for resisting wind forces that are applicable to manufactured homes. (Ord. 2019-10-002, 10-10-2019)

10-13C-5: BUILDING PERMIT REQUIREMENTS:

A. Drainage and Flood Protection Plan: Prior to issuance of a building permit in any area designated by the city as flood prone, a drainage and flood protection plan shall be submitted for approval by the city engineer or designee. Any or all information as outlined in section 10-13C-3 shall be provided before the building permit applicant.

B. Improvements Completed Prior to Occupancy: Prior to occupancy of said building, all flood control improvements, including applicable sections of master planned flood control improvements, shall be completed with approval by the city engineer or designee. (Ord. 2019-10-002, 10-10-2019)

10-13C-6: DRAINAGE ENCROACHMENT:

It shall be unlawful to place any fill, landscaping, walls, fences or material of any kind in any watercourse, whether natural or manmade, which redirects the flow of drainage to create a nuisance or damage to neighboring property. (Ord. 2019-10-002, 10-10-2019)

10-13C-7: FLOODWAYS:

Located within areas of special flood hazard established in section 10-13C-1 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provisions apply:

A. All encroachments are prohibited, including fill, new construction, substantial improvements and other development, unless certification by a registered professional engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

B. If subsection A of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of section 10-13C-4F.

C. Land within a floodway shall not be included in the calculation of the area of a parcel for the purposes of determining density or minimum lot size. (Ord. 2019-10-002, 10-10-2019)

10-13D-1: ALLOWED USES:

A. In addition to uses allowed in the underlying zone, within a resort overlay zone, overnight or short-term rental within a development that includes the following minimum criteria is an allowed use:

1. At least one hundred (100) dwelling units, or fifty (50) dwelling units for single-family developments with density under four (4) du/ac;

2. Written consent from one hundred percent (100%) of the property owners within the recorded plat;

3. All final plats and covenants, conditions and restrictions (CC&Rs) which have been recorded shall include a note indicating that short-term residential rental properties are a permitted use; and

4. The owner or property manager of each short-term residential rental property shall obtain a short-term residential rental property business license as required in this code prior to commencing the use and shall maintain such license throughout the use.

B. At a minimum, all developments with five (5) or more units shall provide usable recreation or playground areas in a central location as follows:

1. One thousand (1,000) square feet for the first five (5) units;

2. An additional two hundred (200) square feet for each unit over five (5) units;

3. The average width and length of each usable recreation or playground area shall not be less than twenty feet (20'); and

4. All of the required area shall be usable common space accessible to the entire community;

5. The number of amenities required depends on the size of the development. All amenities shall be approved by the land use authority in accordance with the following:

Units	Amenities
0 – 4	0
5 – 50	1
51 – 100	2
101 – 200	3
201 – 300	4
For projects in excess of 300 units, add 1 amenity for each 100 additional units or fraction thereof.

6. The type of amenities required depends on the nature, size, and density of the development. If multiple amenities are required, the type shall vary. All amenities shall be approved by the land use authority in accordance with the following:

a. All required amenities shall be fully constructed prior to construction of fifty percent (50%) of the total project units, or in accordance with an executed development agreement with terms acceptable to the city;

b. In addition to amenities, a minimum of thirty percent (30%) of the lot area shall be maintained in landscaped area, and at least fifty percent (50%) of the front setback area shall be maintained as landscaped area;

Pool – At least 400 square feet

Internal health or fitness facilities

Secured, programmed, children’s play areas

In-ground hot tub

Community garden

Perimeter trail

Sport court

Indoor, keyed bicycle storage for units

Community library, office, or meeting facilities

Exterior social area – At least 400 square feet

(Ord. 2019-10-002, 10-10-2019)

10-13E-1: ST. GEORGE ARTS DISTRICT OVERLAY ZONE:

A. The St. George arts district overlay zone is established, which shall be an overlay zone over the existing zoning districts shown on the official city zoning map. In cases of conflict between this article and other provisions of this title, this article shall apply.

B. The boundaries of the district and overlay zone are set forth as follows:

BEGINNING at the control point in the intersection of 100 South and 100 West Streets and is according to the official St. George city plat located in Township 42 South, Ranges 15 and 15 West SLB&M, and running thence S 89°53'01"E 784.07 feet m/l along the Survey Control Line; thence N 0°08'44"E 377 feet m/l along the lot line between Lots 3 and 4, Block 15, Plat “A”; thence easterly 264 feet m/l to the west line of Lot 8 of said Block 15, Plat “A”; thence northerly 19 feet m/l along said west line to the north line of Southern Utah Title Company property; thence easterly 191 feet m/l along said north line to the 100 East Street Control Line; thence N 0°08'44"E 1449 feet m/l to the St. George City Survey Control Point at the intersection of 200 North and 100 East Streets; thence N 89°51'44"W 323 feet m/l along the Survey Control Line; thence N 0°08'44"E 178.20 feet m/l along the center block line between Lots 1 and 2 of Block 2, Plat “D”, St. George City Survey to the center point of said Block 2; thence westerly 295 feet m/l along the east-west centerline of said Block 2, Plat “D” to the Main Street Survey Control Line; thence S 0°08'44"W 178.20 feet m/l to the 200 North and Main Street Survey Control Point; thence N 89°51'44"W 458 feet m/l along the 200 North Control Line to an extension of the lot line of Lots 2 and 3 of Block F-3, Plat “A”; thence northerly along said line between Lots 2 and 3 to the south line of Diagonal Street; thence N 48°16'24"W along said southerly line of Diagonal Street to the northwesterly corner of Lot 4 of said Block F-3, Plat "A”; thence S 0°08'09"W 69.77 feet along the west line of said Block F-3, Plat “A” to an extension of the south line of Hanover Court property; thence westerly 190 feet m/l along said line extended to a point on said line 100 feet from the east line of Block 39, Plat “A”; thence southerly 347 feet m/l parallel to and 100 feet west of said east block line to the south line of 200 North Street; thence westerly 32 feet m/l to the northwest corner of Lot 8, Block 31, Plat “A”; thence southerly 346.5 feet m/l along the line between Lots 7 and 8, 1 and 2 to the north line of Red Hills Investment Inc. property; thence Easterly 191 feet m/l to the 100 West Street Control Line; thence S 0°08'09"E 214.29 feet m/l along said Control Line; thence S 0°08'56"W 1236.85 feet along said 100 West Street Control Line to the point of beginning.

C. Design Guidelines: The following are the design guidelines for buildings located in the district:

1. Signs: All signs within the district shall be part of an overall design scheme and shall conform to the sign standards.

2. Underground Utility Lines: All utility lines shall be located underground.

D. Rehabilitation Guidelines for Significant Historic Buildings: Rehabilitation of significant historic buildings shall comply with the guidelines set forth herein and, in addition, all applicable statutes, codes and ordinances, as amended from time to time, relating to the use, maintenance, construction and occupancy of the property.

1. Standards: All improvements to landmark sites shall be in accord with the general and specific standards for historic preservation as prepared by the Secretary of the Interior, and in harmony with the architectural character of the neighborhood.

2. Additions: Whenever possible, new additions or adaptive reuse to structures shall be done in such a manner that if such additions or changes were to be removed in the future, the essential form and integrity of the structure would not be impaired.

3. Parking and Access: Off-street parking, loading facilities and pedestrian access shall be designed so as not to create conflicting movement. All other areas other than driveways, parking areas, walks and terraces shall be appropriately landscaped and provided with appropriate trees and shrubbery.

4. Accessory Structures: Accessory structures shall be improved to harmonize with any redevelopment of the primary structure.

5. Restoration of Exterior Façades: Restoration of all exterior façades, including the side and rear façade, shall be in keeping with the objectives herein. Roofline, windows and exterior facing materials shall all be considered. Adjoining buildings in separate or the same ownership shall be rehabilitated so as to carry out a unified concept.

6. Harmony of Materials, Techniques and Colors: Materials, techniques and colors must conform to and harmonize with original materials and techniques. To this end, the emphasis should be, where practical, on correct period sash, doors, cornices, wall materials and signs and the removal of present-day anachronisms, such as defacing or out-of-scale contemporary features. The general requirements shall apply particularly to visible surfaces on the exterior. New work adjoining old must be carefully blended to minimize the separation, unless, in the opinion of qualified architectural experts, it is better to make the joining areas obvious and thereby emphasize the qualities of the original work.

7. Patching: When repairing or replacing masonry details, decorations or parapet walls, care should be taken to prevent an obvious and unsightly patch. Materials, joints, etc., should match the original as closely as possible in composition, color and texture. For additional information on repairing masonry walls, see the Preservation Brief No. 2, prepared by the Technical Preservation Services Division of the United States Department of the Interior.

8. Fake Details and Decorations: Fake “historic” details, decorations and other additions should be avoided.

9. Anchoring: Sagging details, decorations, cornices, string courses, lintels, arches, pilasters, and parapet walls should be firmly reanchored. The original height of the parapet wall should not be modified.

10. Repair or Replacement of Architectural Details: Deteriorated building details should be repaired rather than replaced whenever possible. Repair or replacement of missing architectural decorations and details should be based on accurate duplications, substantiated by historical, physical or pictorial evidence rather than on conjectural design. In the event replacement is necessary, the new material should match the original material in composition, design, color and texture.

11. Painting: Heavy or numerous coats of paint, or paint in the wrong color, that obscures architectural decorations and details should be removed before repainting. Refer to Preservation Brief No. 10, Exterior Paint Problems on Historic Woodwork, by the Technical Preservation Services Division of the United States Department of the Interior.

12. Fixtures: Hardware and lighting fixtures, where practical, shall be selected with care to conform to authentic work of the period, and to match remaining originals where such exist.

13. Ornaments: If the original or significant detail no longer exists or is too deteriorated to save, it is recommended that a contemporary design be undertaken which is compatible with the rest of the building in scale, design, materials, color and texture. An alternative might be to undertake an accurate restoration based on historical research and physical evidence. Where an original or significant detail no longer exists and no evidence exists to document its early appearance, it is generally preferable to undertake a contemporary detail that retains the historic “flavor” of the building.

a. Original building wall material should not be covered with any form of inappropriate siding. Where this has already occurred, the inappropriate siding should be removed and the original wall material restored;

b. Masonry facings shall be cleaned and painted as necessary. Sandblasting is forbidden without prior approval of the historic preservation commission. All repointing, when necessary, shall be done according to the specifications set by Preservation Brief No. 2, Repointing Mortar Joints in Historic Brick Buildings, by the Heritage Conservation and Recreation Service, United States Department of the Interior;

c. Recommended materials for rehabilitation of masonry buildings include traditional bond pattern, such as running bond or Flemish bond, not stack bond. Clay facing tile may be used if the face size of the tile is that of standard brick and if the bond pattern is typical of contributing buildings in the neighborhood;

d. The imitation of stone veneer or brick, using stucco, prefabricated plastic, plywood and/or fiber panels is not acceptable, unless documented through historic or pictorial evidence;

e. Asphalt or wood shingled awnings and diagonal sided panels are not acceptable;

f. Vinyl or aluminum panels imitating clapboard or wood siding are not acceptable;

g. Glazing shall be clear, nonreflective, and untinted. Double-glazed insulating glass or materials such as acrylic or high-impact polycarbonate panels are permissible;

h. Wall surfaces that have not been painted should remain unpainted.

a. Color for all rehabilitation work must blend with the existing exterior residential color palette. If any new brick is used for rehabilitation work, it must be similar in texture, effect and color to the original brick. Stucco color for exterior walls shall be similar in tone to the muted pastels typical of historic pioneer stucco buildings or shall blend with the natural tones of the surrounding geology reflected on the exterior of adjacent buildings;

b. White and off-white may be used on decorative elements such as lintels, sills and cornices. Bright colors are not appropriate for major architectural elements such as building walls. However, when used sparingly in fine lines, such as on the wood trim of a storefront, a brighter color than that of the building face will be allowed to enhance a particular color scheme;

c. Metallic finishes generally are not allowed, except when used in such treatments as painted-gold or bronze-toned lettering on storefront glass;

d. A simple color scheme of up to no more than three (3) exterior colors is required.

a. Radio, television, telephone and/or other telecommunication equipment, such as antennas or satellite “dishes” and ancillary systems, cables, junction boxes and the like, shall be placed behind or within suitable visual barriers in such a way that it is not visible from the streets;

b. Heating and air conditioning equipment, including cooling units, blowers, exhaust fans, ducts and/or ancillary systems, support units, brackets, wiring, junction boxes and the like, shall be properly screened or installed behind or within suitable visual barriers.

17. New Construction: The guidelines in this section are to be used by those planning new construction. Their purpose is to reinforce and enhance the historic architectural character of the neighborhood by encouraging compatible new construction. The guidelines do this by describing and illustrating certain design concepts found in the historic architecture of the neighborhood; concepts which can be applied in the design of new structures.

18. Considerations: The historic preservation commission will consider design concepts other than those recommended in these guidelines when necessary to promote design concepts found in the historic architecture of the neighborhood. However, in order for a design to be considered for exceptional review, it must not include the use of elements that are designated as inappropriate in the guidelines.

19. Siting: The ground floor of new structures should relate to the pedestrian’s human scale and continue to display the siting of neighboring structures.

a. Of the many criteria that must be considered when designing new buildings for the neighborhood, by far the most important is the scale of the new building and its relationship to the scale of the neighborhood;

b. Just as the relationship of a new structure to the buildings on its block is important, so is it important that the elements within its façade be appropriately scaled. The scale of these elements should recall those of neighboring structures.

21. Width of Building: Building widths have a major impact upon the perception of the scale of a building. The apparent widths of the front façades of new buildings should correspond to typical widths of the buildings on the same block. A long façade should be broken into separate elements to suggest façade widths or bays similar to those of neighboring buildings.

22. Windows: Original windows in the older buildings are predominantly wood double-hung type. A sash pattern of one over one (1/1), that is, one (1) undivided framed pane above a similar pane, is the most common type. In new construction, one over one (1/1) type is required, unless the majority of windows in adjacent structures facing the streetscape clearly indicates otherwise. The pattern of a one over one (1/1) window may be achieved by the use of fixed glass, with three (3) conditions:

a. The window frame replicates the proportions of a typical double-hung window sash;

b. No unpainted clear aluminum is used for the frame; and

c. The window frame is of similar cross-sectional size to that of double-hung windows typical of the neighborhood.

23. Ornament: The ornamental details shall be compatible and in scale with those used in the streetscape.

24. Color: Approved color schemes appropriate for the neighborhood are required.

a. Muted background colors are required for the majority of the building surfaces;

b. Up to two (2) complementary accent colors may be used in addition to the background color;

c. Finished Wood Surfaces: The rustic or bare wood look is not allowed;

d. The natural color of stone or brick may not be painted;

e. Roofs must be a neutral or muted brown or gray. (Ord. 2019-10-002, 10-10-2019)

10-13E-2: ARTS DISTRICT SIGN REGULATIONS:

Within the city’s arts district, the city’s sign regulations shall apply with the following special provisions, additions and exceptions. Where a conflict exists, the special provisions contained herein shall take precedence over the regulations in the general sign ordinance. The following provisions shall apply only to property within the district:

A. Commercial Zones: Permitted signs are as follows:

1. Wall – Projecting Signs: Wall or projecting signs; provided, that the area does not exceed ten percent (10%) of the front wall face of the building; and further provided, that:

a. Wall signs, either attached or painted, shall not rise above the roofline nor project more than eighteen inches (18") from the wall.

b. Projecting signs shall not project more than four feet (4') from the building. Signs projecting over the public right-of-way must have a minimum ground clearance of ten feet (10'). Guy wires or secondary supports shall not be used.

c. Awning signs must have a minimum ground clearance of eight feet (8'), and shiny, Day-Glo fluorescent, or brilliant luminescent colors are not permitted.

2. Freestanding Pole Sign – Low-Profile Sign: One (1) freestanding pole sign or low-profile monument type sign may be allowed for each parcel of property or commercial complex; provided, the following standards are met:

a. Low-profile monument type signs which are wood carved, sandblasted or engraved metal and do not exceed six feet (6') in height and are no more than sixteen (16) square feet in area for an individual business, or twenty-four (24) square feet for multiple businesses.

b. Pole signs; provided, the support pole is located on private property and the sign does not exceed twenty feet (20') in height, nor exceed twenty-four (24) square feet in area if the sign is rectangular or square shaped, nor exceed thirty-six (36) square feet in area. Sign face may project over the public right-of-way; provided, there is a minimum clearance of ten feet (10') from ground to the sign, and sign face does not project closer than eight feet (8') to back of curb.

3. Entrance, Exit Signs: Entrance or exit signs and property signs according to the city sign ordinance.

1. Roof signs, or any sign projecting above the roofline.

2. Off-premises signs.

3. Flashing signs, including any sign or device in which the artificial light is not maintained stationary and constant in intensity and color at all times when in use.

4. Signs made of cardboard, paper, canvas or similar impermanent material.

5. Bubble-shaped awnings and awnings with a shiny or wet look are not appropriate in the district.

6. Other prohibited signs identified in the city sign ordinance (e.g., portable signs, etc.).

1. Color of Signs: Painted signs should be in subdued earth tone colors only. Day-Glo or fluorescent colors are not permitted. Neon signs are permitted if appropriate for the building or use. EMS signs are not permitted.

a. The lettering style shall be simple and in keeping with the architectural character of the building.

b. All permanent signs shall be integrated into the architectural design of the building on which they are placed and into the overall sign layout of the project in character and quality. (Ord. 2019-10-002, 10-10-2019)

10-13E-3: HISTORIC PRESERVATION COMMISSION:

A. Commission Created: There is hereby created and established an historic preservation commission which shall consist of five (5) members who shall be appointed by the mayor.

B. Composition of Commission: The mayor shall select to the extent available at least two (2) members of the commission who shall be professionals in the fields of history, architecture, architectural history, archaeology, planning, urban planning, American studies, American civilization, cultural geography or cultural anthropology, as those professions are defined by National Park Service regulations.

C. Terms of Office: The members of the commission shall serve overlapping terms of four (4) years. Initially, one (1) member shall be appointed for a term of one (1) year, one (1) member shall be appointed for a term of two (2) years, one (1) member shall be appointed for a term of three (3) years, and two (2) members shall be appointed for a term of four (4) years. Thereafter, all appointments shall be made for a term of four (4) years. Members may be reappointed for consecutive terms. If a member represented a designated profession and ceases to be a member of that profession, or if a vacancy occurs for some other reason, a new appointment shall be made by the mayor for the unexpired term.

D. Compensation: Members of the commission shall serve without pay but shall be reimbursed by the city for necessary expenses incurred in connection with their duties.

E. Organization – Officers – Rules – Meetings: At their first meeting, the appointed commissioners shall elect officers who shall serve for terms of one (1) year. The commission may establish any rules necessary for the orderly conduct of its business. All meetings of the commission shall be open to the public. The commission shall meet at least twice each year and shall keep minutes of its resolutions, proceedings and actions which shall be made available for public inspection.

1. Survey of Historic Resources: The commission shall conduct or cause to be conducted a survey of historic, architectural and archaeological resources within the community. Such survey shall result in an inventory which is able to be readily integrated into statewide comprehensive historic preservation planning and be compatible with the Utah inventory of historic and archaeological sites. The resulting inventory shall be open to the public and shall be updated at least every ten (10) years;

2. Other Duties: The commission shall review and comment to the State Historic Preservation Officer on all proposed national register nominations for properties within boundaries of the city. In addition, it shall provide information to government officials and citizens of the area regarding historic and archaeological resources and history of the community. The commission shall be considered as an interested individual property owner for the purpose of making application to the planning commission for recommendation of landmark sites under this chapter. Enforcement of all state laws relating to historic preservation shall be supported by the commission with violations being brought to the attention of the appropriate authority.

G. Public Hearing: Upon recommendation by the commission that property be nominated for inclusion on the national register, or upon recommendation by the planning commission that a site be designated as a landmark site pursuant to this chapter, the city council shall hold a public hearing preceded by giving sufficient written notice to the owners and occupants of the affected property and by publication in a newspaper of general circulation at least five (5) but not more than fifteen (15) days prior to the date of the public hearing. The notice shall designate whether the subject property is nominated for inclusion on the national register or whether it is being proposed as a landmark site because of its historical, architectural and cultural significance. The owners, occupants and any party known to be affected by a proposed historic landmark shall be given written notification of such recommendation or nomination as herein provided by utilizing the most current city and county records to obtain current addresses.

H. Notice of Alteration: While a site nominated for the National Register of Historic Places shall be subject to federal and state regulations affecting the same, properties designated as landmark sites pursuant to this chapter may be demolished, materially altered, remodeled, relocated or put to a different use only after one hundred twenty (120) days’ written notice of the owner’s proposed action has been given to the commission. During this one hundred twenty (120) day period, the commission may negotiate with the owner of the landmark and with any other parties in an effort to find a means of preserving the property. The commission may reduce the waiting period required by this section in any case where the owner would suffer extreme hardship, not including loss of profit, unless a reduction in the required period were allowed. On the other hand, where application for landmark site designation has been submitted to the planning commission and before decision by the city council, the commission may cause an additional waiting period to be imposed prohibiting demolition, material alteration, remodeling or relocation until there has been action of nonrecommendation by the planning commission or action by the city council.

I. Maintenance: Neither the owner nor occupant of a structure nominated for inclusion on the national register or designated as a landmark site pursuant to this chapter shall permit such structure or landmark to fall into a state of disrepair which may result in the deterioration of any exterior appurtenance or architectural feature so as to produce or tend to produce, in the judgment of the commission, a detrimental effect upon the life and character of the landmark or structure in question, including, but not limited to:

1. The deterioration of exterior walls or other vertical supports;

2. The deterioration of roofs or other horizontal members;

3. The deterioration of exterior chimneys;

4. The deterioration or crumbling of exterior plaster or mortar;

5. The ineffective waterproofing of exterior walls, roofs and foundations, including broken windows or doors; or

6. The deterioration of any feature so as to create or permit the creation of any hazardous or unsafe conditions.

J. Penalty: Any person who violates any provision of this chapter shall be guilty of a class C misdemeanor or lesser offense, as determined by the city attorney and, upon conviction, subject to penalty as provided in section 1-4-1. Any person who filed with the commission and who refused to furnish, upon demand by the commission, any information relating to such application or request, or who willfully makes any false statement in such application or request, shall be also liable for such misdemeanor or lesser offense. For the purpose of this chapter, each day during which there exists any violation of any provision herein shall constitute a separate violation of such provision. (Ord. 2019-10-002, 10-10-2019; amd. Ord. 2021-06-006, 6-3-2021)

10-13E-4: LANDMARK SITES:

1. City Council Designates: Upon application of the property owner, the city council may designate certain areas or structures as landmark sites if the property satisfies the criteria in this section.

2. Criteria For Designating A Property As A Landmark Site: Any building, structure, or site may be designated as a city landmark site if it meets the criteria in subsections A2a through A2c of this section, and at least one (1) of the other criteria set forth in subsections A2d through A2h of this section:

a. It is located within the boundaries of St. George City.

b. The building or structure is at least one hundred (100) years old.

c. There are no major alterations or additions that have obscured or destroyed significant historic features, such as: changes in pitch of the main roof, enlargement or enclosure of windows on the principal façades, addition of upper stories or the removal of original upper stories, covering the exterior walls with nonhistoric materials, moving the resource from its original location to one that is dissimilar to the original, or additions which significantly detract from or obscure the original form and appearance of the building or structure when viewed from the public way.

d. It is currently listed in the National Register of Historic Places, or it has been officially determined eligible for listing in the National Register of Historic Places under the provisions of 36 CFR 60.6. Properties listed on or determined to be eligible for the national register must still retain their integrity.

e. It is associated with events that have made a significant contribution to the broad patterns of the history of the city, state or nation.

f. It is associated with lives of persons significant in the history of the city, state or nation.

g. It embodies the distinctive characteristics of a rare or unique type, period or method of construction, or represents the work of an architect or builder recognized as a master in his/her field, or possesses high artistic values or style, or represents a significant and distinguishable entity whose components may lack individual distinction.

h. It has yielded or may be likely to yield information important in prehistory or history (archaeological sites, for example).

B. Conditional Uses For Landmark Sites: Landmark sites may be granted a conditional use permit only if the following conditions are satisfied:

1. The requested use is limited to low impact professional office, retail, or restaurant use and does not include short-term rental or hotel.

2. Substantial investment is made to upgrade the property and enhance its historic significance.

3. Any renovation maintains or enhances the historic, architectural and aesthetic features of the property.

4. The proposed use shall generate only minimal traffic or parking demand as determined by the city council.

5. The city council may impose such other conditions for granting a conditional use permit as it deems necessary to protect the character of the landmark site.

C. Construction Permits: Any construction upon a landmark site that materially changes the exterior appearance of, adds to, reconstructs, or alters a landmark site shall require a permit from the city council. Applications for such permits shall be made to the historic preservation commission who shall recommend the granting or denial of the permit to the city council. The city council shall have final authority to grant or deny a permit to construct that is consistent with standards set forth herein.

D. Demolition Prohibited: No structure or building within a landmark site designation shall be demolished or removed unless the structure poses an immediate hazard to human health and safety.

E. Removal Of Landmark Site Designation: If a property owner no longer wants its area or structure designated as a landmark site, the designation shall be removed by recording a removal document in the property records of the county on a form acceptable to the city. Recording a removal document immediately terminates any conditional use permit associated with the area or structure. (Ord. 2019-10-002, 10-10-2019; amd. Ord. 2022-05-001, 5-5-2022)

10-13E-5: REVIEW PROCESS:

A. Review Recommendation Committee: The historic preservation commission shall act as the St. George arts district overlay zone design review recommendation committee.

B. Exterior Proposals: The historic preservation commission shall review the exterior design proposals for landmark sites and significant historic buildings within the district. Exterior proposals shall include:

1. Any rehabilitation, reconstruction or addition to the exterior of a landmark site or significant historic building.

2. Any demolition or relocation of a landmark site or significant historic building.

3. Any new construction within the St. George arts district overlay zone, except for minor additions to existing nonhistoric buildings.

C. Recommendation of Commission: The historic preservation commission shall be asked to review items submitted to the community development department pertaining to the St. George arts district overlay zone and provide a recommendation to the community development department on such proposals.

D. Design Review: For projects requiring review by the historic preservation commission as set forth above, the site plan, exterior design of buildings, architectural treatment, and other items related to design objectives, shall be subject to the review of the historic preservation commission.

E. Approval Required: The site plan and exterior design of all buildings and development proposed for the district shall be subject to approval by the community development department after recommendation of the historic preservation commission. No building permit shall be issued in the overlay zone without such approval.

F. Denial – Further Consideration: An applicant who has been denied a permit by the community development department for lack of approval pursuant to subsection E of this section may apply for a certificate of appropriateness as provided in subsection G of this section, or may ask the community development department for further consideration of the application by the city council. In such event, a decision by the city council shall be final.

G. Certificate of Appropriateness: A property owner may be relieved of the restrictions imposed by this article by applying for a certificate of appropriateness, setting forth in the application therefor the reasons why: 1) a particular building is no longer suitable for present purposes; and 2) why he cannot earn a reasonable return from use or rental of the building if altered or demolished and reconstructed within the limitations of this article and the guidelines adopted hereunder. Determination of whether a building is appropriate for exclusion from the application of this article shall be made by the community development department upon recommendation by the historic preservation commission. If an applicant thereafter desires further consideration of the award or denial of a certificate of appropriateness, he may request consideration thereof by the city council, and its decision upon hearing shall be final. (Ord. 2019-10-002, 10-10-2019)