Sevier County Unincorporated
City Zoning Code
City Zoning Code
ZONING DISTRICTS
ESTABLISHED
§ 154.070 ZONING ESTABLISHED.
In accordance with the requirements of the U.C.A. § 17-27a-505 that zoning within counties by districts, the county is divided into specific zones which govern the use, intensity, area and other requirements for the use of land as required by this chapter. The map accompanying this chapter and incorporated by reference, the county zoning district map, identifies the location and distribution of each zone within the county. All development, use, activity and authorized permits and licenses shall adhere to all the provisions, standards and requirements of the applicable zoning district. All contiguous property held in common ownership shall, regardless of the use of separate legal descriptions or parcel designations, be considered to be one undivided parcel for zoning and subdivisions and no portion of such property shall be sold or developed unless in conformity with the zoning and subdivision statutes and ordinances.
(Ord. 2024-5-3, passed 5-13-2024) Penalty, see § 154.999
§ 154.071 ZONES DESIGNATED.
In order to accomplish more fully the objectives and purposes of this chapter, the county is divided into the following zones:
(A) A - Agricultural Zone;
(B) RA - Residential-Agricultural Zone;
(C) GRF-20S - Grazing, Recreation and Forestry Seasonal Zone;
(D) GRF-20R - Grazing, Recreation and Forestry Residential Zone;
(E) PUD - Planned Unit Development Overlay Zone;
(F) C - Commercial Zone; and
(G) I - Industrial Zone.
(Ord. 2024-5-3, passed 5-13-2024)
§ 154.072 ZONING PURPOSES.
This will be on a case-by-case scenario. For uses allowed in each zone, see § 154.141. Consistent with the goals and policies of the county’s General Plan, the zoning districts are formulated to provide and achieve the following purposes.
Land Use | Purpose |
Land Use | Purpose |
A - Agricultural Zone | The primary use of land is for agricultural and livestock raising purposes. Agricultural lands should be left fundamentally intact, remain in agricultural production and continue to provide the open space which is vital to the human environment. This zone is characterized by primarily agriculture uses as well as non-agriculture residential uses. |
C - Commercial Zone | Encourage commercial and retail development. It is to provide suitable areas for the location of the various types of commercial activity needed to serve the people and commerce of unincorporated the county. |
GRF-20R - Grazing, Recreation and Forestry Residential Zone | The primary use of the land for grazing, recreational, forestry and wildlife purposes. In general, this zone covers the open portion of the county which is occupied largely by grazing land, mountains and canyons. |
GRF-20S - Grazing, Recreation and Forestry Seasonal Zone | The primary use of the land for grazing, recreational, forestry and wildlife purposes. This zone covers the open portion of the county which is occupied largely by grazing land, mountains and canyons. The intent of this zone is for seasonal use of the property knowing that the county cannot provide governmental services out of season. |
I - Industrial Zone | Land which is suited for industrial development where manufacturing, processing, warehousing and fabrication of goods and material can be carried on with minimum conflict or deleterious effect upon the surrounding properties. |
PUD - Planned Unit Development Zone | This zone is to provide for uses not found in other zoning districts within the county consistent with the county’s General Plan. |
RA - Residential-Agricultural Zone | The primary use of land is for dwelling purposes, by ensuring the orderly and timely conversion of certain open land areas within the county into residential districts as the need for such land occurs. Any permitted improvements will be required to request annexation from the nearest municipality. If the application is denied by the nearest municipality and not allowed to connect to sewer and water from the municipality, standards outlined in Figure 1 in § 154.073 must be met. |
(Ord. 2024-5-3, passed 5-13-2024)
§ 154.073 TABLE OF DEVELOPMENT STANDARDS.
Zoning Districts | ||||||
A | GRF-20S | GRF-20R | RA | C | I | |
Zoning Districts | ||||||
A | GRF-20S | GRF-20R | RA | C | I | |
Animal units (See § 154.003) | No restrictions if in a subdivision: 4 per acre | No restrictions | No restrictions | 4 per acre | N/A | N/A |
Density minimum | (See Figure 1 below) | 1 unit per 20 acres | 1 unit per 20 acres | 1 unit per 1/2 acre (see division (E) below) | N/A | N/A |
Front setback | 30 ft. | 60 ft. | 60 ft. | 30 ft. | 15 ft. | 30 ft. |
Frontage | 85 ft. | 85 ft. | 85 ft. | 85 ft. | 35 ft. | 85 ft. |
Height of solid fences or other solid structures within front setback | 3 ft. maximum height | 3 ft. maximum height | 3 ft. maximum height | 3 ft. maximum height | 6 ft. maximum height | 6 ft. maximum height |
Maximum height | 35 ft. or 2 stories | 35 ft. or 2 stories | 35 ft. or 2 stories | 35 ft. or 2 stories | 35 ft. or 2 stories | 35 ft. or 2 stories |
Private access two-way one-way | 25 ft. width 18 ft. width | 25 ft. width 18 ft. width | 25 ft. width 18 ft. width | 25 ft. width 18 ft. width | N/A | N/A |
Rear setback | 10 ft. | 60 ft. | 60 ft. | 5 ft. | 25 ft. | 30 ft. |
Side setback | 10 ft. | 60 ft. | 60 ft. | 5 ft. | 25 ft. | 30 ft. |
Figure 1: Requirements for water and septic protection zones within each zone.
(A) Water and septic protection zone requirements (see Figure 1 above) must be met in order to develop a buildable lot in the A Zone.
(B) Central Utah Public Health must be consulted to ensure minimum protection zone standards are met before the county can approve any development.
(C) All protection zones shall be within the required setbacks for each zone.
(D) Minimum lot sizes in all zones may need to be larger depending on water and sewer requirements; this will be on a case-by-case scenario.
(E) Any permitted improvements in the Residential Agricultural Zone will be required to request annexation from the nearest municipality. If the application is denied by the nearest municipality and not allowed to connect to sewer and water from the municipality, standards outlined in Figure 1 above must be met.
(Ord. 2024-5-3, passed 5-13-2024) Penalty, see § 154.999
§ 154.074 MAP.
The location and boundaries of each of the zones are shown on the official zone map of the county, and said map, with all boundaries, notations and other data shown, is declared to be an official record is as much a part of this chapter.
(Ord. 2024-5-3, passed 5-13-2024)
§ 154.075 REGULATIONS.
Within each of the zones, the use, location, height and size of buildings and structures; the use of the land; maintenance of premises; and size of lots, yards, courts and other open spaces are regulated as set forth in this chapter. No space needed to meet the width, yard, area, coverage or other requirements of this chapter for a lot or building may be sold or leased apart from such lot or building unless other space so complying is provided.
(Ord. 2024-5-3, passed 5-13-2024) Penalty, see § 154.999
§ 154.076 ANNEXATIONS.
(A) Annexation policy. The county policy is to encourage and/or require development near existing municipalities, promoting annexation into areas with available utility services. The county supports annexation to existing cities and towns and advises incorporation for communities located away from such areas. Plans for annexation should align with established policy, and applicants must adhere to U.C.A. § 10-2-403 for annexation requirements and procedures.
(B) Procedure for annexation. Upon receiving an annexation petition, the applicant shall be directed to the nearest municipality if within 600 feet. The petitioner must have the municipality complete the county’s “Municipal Annexation/Service Request Form” for further development. The municipality reviews the form within 60 days, with an optional 30-day extension if needed, after which the petitioner can proceed with the county.
(C) Required coordination. In addition to standard subdivision application information, lands contiguous to a municipality must notify the legislative body of the adjacent municipality(ies). If the municipality indicates willingness to consider annexation, the applicant must present an annexation petition, and the county cannot consider subdivision approval until six months after notification to allow for annexation petition filing. CONTIGUOUS is defined as having a common property boundary of equal to or greater than 50 feet; properties separated by a right-of-way shall be construed to be CONTIGUOUS.
(Ord. 2024-5-3, passed 5-13-2024) Penalty, see § 154.999
§ 154.077 BOUNDARIES OF ZONES.
(A) Where uncertainty exists with respect to the boundaries of zones, the following rules shall apply.
(1) Where the indicated boundaries of the zone map are approximately street or land survey lines, said street or land survey lines shall be construed to be the zone boundaries. Where the indicated boundaries are approximately canal, natural streams or watercourses, the center of said canal, natural streams or watercourses shall be construed to be the zone boundaries.
(2) In the absence of any street, land survey, natural stream or watercourse forming the boundaries of any zone, the scale of measurement shown on the map shall be used to determine the zone boundary line.
(B) Where uncertainty exists, the Board of County Commissioners shall interpret the map.
(C) The Residential Agricultural Zone will maintain a 600-foot wide zone around the boundaries of cities and towns. When an annexation occurs within the 600-foot buffer into a city or town, the Residential Agricultural Zone will be adjusted to reflect a constant 600-foot buffer.
(Ord. 2024-5-3, passed 5-13-2024)
§ 154.078 PURPOSE OF THE PUD PLANNED UNIT DEVELOPMENT ZONE.
The Planned Unit Development Zone is available for one or more land use developments. This zone is to provide for uses of land within the county consistent with the county’s General Plan. A PUD Zone should rarely be used except when identified as a needed use within the county and not found within a previously established zone.
(Ord. 2024-5-3, passed 5-13-2024)
§ 154.079 GENERAL REQUIREMENTS.
All development opting for the PUD Zone shall be of the minimum acreage required by the existing zone, the entire property does not need to be included in the proposed PUD Zone and required to go through the PUD review process outlined in § 154.080. All land uses are conditional upon approval in the PUD review process. Approval or denial of the zone change and the permit for the development shall run concurrently. The zone change is conditional upon approval of the development by grant of a planned unit development permit.
(Ord. 2024-5-3, passed 5-13-2024)
§ 154.080 PUD REVIEW PROCESS.
The following steps must be completed before final approval is given by the Board of County Commissioners.
(A) Concept review.
(1) Ten copies of all documents required for concept review and proof of fees paid shall be submitted to the Zoning Administrator and obtain approval from the departments deemed necessary by the Zoning Administrator.
(2) Documents required for this review shall be:
(a) Signed documentation of the closest municipality showing the municipalities’ rejection of an annexation request or a waiver of such a requirement by the Board of County Commissioners;
(b) Sketch plan of the proposed development showing the entire area to be developed and the entire area to be left in open space;
(c) Geographic locational references, such as, but not limited to: section corners, surveyor markers and the like;
(d) Name and address of subdivider, designer, engineer and surveyor;
(e) Statement of existing underlying zoning;
(f) Notation on the plan of proposed site uses, including, but not limited to, dwelling units, open space, recreation area, commercial area, industrial area, parking and the like;
(g) The plan shall show general lot, street, park and open space layouts;
(h) Location and source of required utilities, including, but not limited to, power, water and wastewater disposal as required by § 154.216;
(i) A thorough statement documenting and identifying the specific policies and policy recommendations in the General Plan that the proposed plan encompasses and to what degree the proposed plan will accomplish those specific policies and policy recommendations;
(j) Any other criteria the Development Review Committee deems necessary to fulfill the objectives of the General Plan and this chapter;
(k) Approval shall be based on criteria outlined in § 154.081; and
(l) If denied concept review approval, the applicant must reapply within six months of the date of denial without additional fees or PUD application fee must be repaid.
(B) Preliminary review. Once the concept plan is reviewed, the applicant shall then submit ten copies of the preliminary review documents to the Zoning Administrator at least 21 days prior to placement on the agenda of the next scheduled County Planning Commission. A public hearing shall then be scheduled and noticed at the time and place of such hearing, and shall be posted at least three public places, published online and published in a newspaper of general circulation within the county at least 14 days before the date of the hearing. Included in this application shall be:
(1) Engineered drawings including scaled dimensions of lot(s), street(s), park(s), stormwater drainage, required utility easement(s) and open space layouts;
(2) Approved location and source of required utilities, including, but not limited to, power, water and wastewater disposal as required by § 154.216;
(3) Designation of major drainage ways and flood prone areas, including, but not limited to, 100-year floodplain mapping;
(4) Statement of maintenance proposals for common facilities;
(5) Statement of approved access on all designated rights-of-way;
(6) Time schedule for development;
(7) Location and type of use designated for all areas in the PUD;
(8) Proposed plan for ownership and maintenance of open areas;
(9) A certified letter of notification sent by the applicant to all adjoining property owners stating what is proposed;
(10) The applicant shall furnish the county with a performance bond or other acceptable surety approved by the County Attorney in order to cover any costs that may become necessary to complete necessary improvements in the PUD;
(11) Any additional information required as a result of Planning Commission concept review;
(12) Approval shall be based on criteria outlined in § 154.081 and compliance with requested changes in the concept review;
(13) If preliminary approval is granted or granted with conditions, the applicant shall then submit ten copies of the application in final form 21 days in advance of the County Planning Commission meeting; and
(14) If denied preliminary approval, the applicant shall have 60 days from the date of denial to resubmit without paying any further fees. If the applicant does not resubmit within 60 days, the applicant will be required to reapply for concept review by the Development Review Committee.
(C) Final approval - Planning Commission.
(1) Following preliminary approval or approval with conditions, the applicant must submit all documents required in the preliminary review in final form for consideration 21 days prior to the next Planning Commission meeting.
(2) If the County Planning Commission recommends final approval, all documents shall be forwarded to the Board of County Commissioners for consideration.
(3) If recommendation for final approval is denied, the applicant shall have 90 days to resubmit to the County Planning Commission without paying additional fees.
(D) Final approval - Board of County Commissioners.
(1) A public hearing following appropriate notice requirements shall be scheduled within 45 days of receipt of the recommendation by the County Planning Commission.
(2) If approval is granted, or granted with conditions, the developer must begin construction of the development as soon as practicable. If half of the road and utility improvements have not been made at the expiration of two years, after final approval of the Board of County Commissioners. The Board of County Commissioners may vacate the PUD development plan. Decisions of the Board of County Commissioners are final.
(Ord. 2024-5-3, passed 5-13-2024)
§ 154.081 CRITERIA FOR PUD APPROVAL.
Criteria for PUD approval:
(A) All required documents submitted properly;
(B) Appropriate design of all buildings, land uses, street lighting and outdoor equipment in conjunction with surrounding areas and the underlying zone;
(D) All streets shall conform to standards set in the county subdivision ordinance (Chapter 153) and county code;
(E) All on-street and off-street parking shall conform with the parking standards required for each land use as found in § 154.218;
(F) Fiscal impact identifying costs of development versus revenue generated for all county services, including, but not limited to:
(1) Police protection;
(2) Fire protection;
(3) Roads;
(4) Schools; and
(5) Other services deemed necessary to fulfill the objectives of the General Plan and this chapter.
(G) Exceptions from density standards/percent built area/open space of the underlying districts are wanted by the design;
(H) Open space location shall be in areas adjacent or in connection with other areas identified for current use, future use or developments;
(I) Compatibility with the county’s General Plan as stated in the statement required in this section;
(J) No on-site improvements may be made prior to final approval;
(K) Developers shall provide for and establish an organization, or option approved by the Planning Commission which ensures the ownership and maintenance of open space, parks, utility systems or other common facilities contained within the PUD. Such an organization shall not dissolve nor shall it dispose of any common facility by sale or otherwise unless to another such organization, without first offering to dedicate the same to the county. If the developer wishes to dedicate all or part of the common facilities, consideration must be made in the fiscal impact requirement;
(L) Demand for and type of uses at the site; and
(M) Effect upon, and from, surrounding land use.
(Ord. 2024-5-3, passed 5-13-2024)