This title and the regulations and restrictions contained therein are adopted and enacted for the purpose of promoting the health, safety, convenience and general welfare of present and future inhabitants of the city. Regulations set forth herein shall be construed to further the purposes of this title; and:

1. To encourage and facilitate the orderly growth and development of the city;
   
2. To secure economy in city expenditures, to make adequate provisions for streets, water, parks and related public facilities and services;
3. To increase the security and enjoyment of life and preserve and create a favorable environment for the citizens and visitors of the city;
4. To secure public safety;
5. To stabilize and improve property values;
6. To enhance the general welfare of the inhabitants of the city;
7. To promote the development of a wholesome, serviceable and attractive city through orderly and optimal use of resources;
8. To encourage preservation of the city's historical heritage;
9. To conform with applicable state building regulations and to provisions of federally subsidized flood insurance as authorized by the national flood insurance act of 1968. (Reference: Spring City council resolution 3-3-1976.) (Ord. 2005-01, 9-8-2005)

Unless otherwise specifically stated within the text of this title, the following definitions shall be those referred to herein and shall be considered a part of this title:

ACCESSORY STRUCTURE: A detached subordinate building clearly incidental to and located upon the same lot occupied by the main building. Unless an accessory structure meets applicable "conditional use" requirements, it cannot be a dwelling. Accessory structures most commonly include, but are not limited to, detached garages, storage sheds, storage containers, carports, greenhouses, gazebos, pavilions, barns, coops, and the like. No accessory building or group of buildings in any residential zone shall cover more than twenty five percent (25%) of the remaining yard after reducing the available yard size for the applicable setbacks. Accessory structures must comply with existing setback ordinances and zoning permit requirements.

APARTMENT: Any single-family dwelling or any apartment style single-family residence separate from or attached to a commercial building which is used as rental property.

ASSISTED LIVING: Assisted living dwellings are for persons in need of partial or constant medical or physical care. Types of dwellings where such help is available are multiple-unit nursing home, senior citizen, and/or multiple-unit assisted living dwellings.

BED AND BREAKFAST: A bed and breakfast (B&B) establishment is any single residence dwelling equipped with and providing short term sleeping and meal accommodations for tourists or like traveling persons. For conditions and specifications of a B&B see SCMC 10-6A-3.

BUFFER ZONE: See SCMC Section 10-1-4 Paragraph 6.

BUSINESS: Any and all activities engaged in for the purpose of gain or economic profit. This definition shall include, but is not limited to, the sale of tangible personal property at retail or wholesale, the manufacturing of goods or property and the rendering of personal services for others for a consideration by persons engaged in any profession, trade, craft, business, occupation or other calling. The acts of employees rendering service to employers shall not be included in the term business, unless otherwise specifically provided.

CONDOMINUM: The individual ownership of a single unit in a multi-unit project, together with an undivided interest in common in the common areas and facilities of the property. DEVELOPER: Any person or entity who applies for any land use approval under this Title, or engages in “development activity” as defined in U.C.A. 10-9a-103 (2021), as may be amended from time to time.

COMMERCIAL BUSINESS: Any business enterprise conducted within any commercial zone. Commercial businesses are only allowed in LC-1 light commercial zone, LI-1 light industrial zone, and RVP-1 recreational vehicle park zone (consult zoning regulations in this title for activities allowable in any particular zone). With the exception of a B&B (see SCMC 10-6A-3) and home businesses (see SCMC 3-1-13, "Home Businesses" for activities allowable in residential zones), no business enterprises shall be allowed in any residential zone.

DOMESTIC EMPLOYEE: A person who provides household services to an individual or family. Examples include, but are not limited to, caretakers, house sitters, maids, housekeepers, nurses, gardeners, nannies and the like.

EMPLOYEE: Any persons employed by the operator, owner or manager of a place of business in any capacity and also any salesperson, agent or independent contractor engaged in the operation of the place of business in any capacity. The husband, wife, son, daughter, father and/or mother of the operator, owner or manager of a place of business shall not be classified as an employee in the event that said relative is working at the place of business.

GENERAL PLAN: The general plan recommended by the planning and zoning commission and adopted by the city council (after appropriate public hearings) outlining the direction the physical as well as the philosophical development of Spring City should attempt to follow. The general plan required under U.C.A. 10-9a-401 is known as the Spring City Master Plan.

GUESTHOUSE, DETACHED: Any single-family apartment style dwelling detached and separate from but found on the same lot as an existing residence. Such guesthouses are allowable in residential zones and, if new construction, shall not exceed a total maximum floor area of all habitable stories of 1000 square feet. If there are conversions of existing structures, this size limitation may be waived. They may be constructed with bathroom and kitchen facilities but shall not be used as rental apartments, except as otherwise specifically allowed in the SCMC. There shall be no more than one (1) guesthouse (whether a Guesthouse, Internal or a Guesthouse, detached) per buildable lot in any zone.

HISTORIC DISTRICT: An area located on the Main Street extending halfway through each block east to west and from 5th Street North to 5th Street South. This district is not a usage zone but an "overlay" of whatever usage zone may fall within.

HISTORIC STRUCTURE: Any structure 50 years or older or any structure having a historical significance such as monuments, bridges, cemeteries, etc.

HOME BUSINESS: Any business enterprise conducted within a dwelling or adjacent structures located on the same premises and carried on by persons residing in the dwelling unit. Excepting farming or other agricultural business enterprises, owners of all business enterprises in residential zones must obtain a home business license and comply with the conditions of this title and SCMC 3-1 prior to operating any such business. Such a business use shall be clearly incidental and secondary to the dwelling use and shall not change the character of such dwelling or the residential neighborhood (see SCMC 3-1-13, "Home Businesses" for activities allowable in residential zones).

HOME FOR DELINQUENT TEENAGERS: Any detention resident dwelling where two (2) or more delinquent teenagers are placed as wards of the state or by order of the court system. Said detention home, center, or dwelling shall not be allowed in any zone in Spring City.

MAJOR STRUCTURE: A dwelling (home), large barn, commercial building, public building or like structure.

MANUFACTURED OR MODULAR HOME: A manufactured or modular unit home, unlike mobile homes, does not have permanently attached axles for wheels and are designed for permanent foundations. Only those manufactured after June 1976, meet the HUD standards and must have a certificate of the same to be allowed in this city or county (see county codes). They have a minimum size requirement, are required to be placed on a normal size building lot, they have a normal pitched roof, with a permanent foundation, permanent utility hookups, and meet minimum health, fire, and safety codes.

MOBILE HOME: A transportable factory built housing unit. It generally has a flat roof, attached axles for wheels, nonpermanent hookups for utilities, is not designed for a permanent foundation, and is small in size (under 900 square feet). Mobile homes are only allowed in the Mobile Home Zone R3. Those built prior to June 1976, do not meet HUD certified manufacturing standards and are not allowed in this county (see county codes). 

MODERATE INCOME HOUSING: Refers to residential dwellings for rent that moderate income families can afford to rent. The state of Utah requires cities to make a percentage of such housing available to residents.

NONCONFORMING USES: Occupancy or use of any building, structure, or land within the city prohibited by provisions of this title, but which lawfully existed prior to the effective date hereof. This includes residential, commercial, industrial, and public structures occupied or vacant at the time of adoption of these provisions.

PLACE OF BUSINESS: Each separate location maintained or operated by any business licensee within the city from which business activity is conducted or transacted.

PROTECTED HISTORIC ZONE: That area within the city limits that is located within an area description as follows:

1. Starting at the corner of 600 North and 400 East, thence South along 400 East to the corner of 400 East and 500 South, thence West along 500 South to Main Street, thence North along Main Street to 400 South, thence West on 400 South to 150 West, thence North along 150 West to 400 North, thence East along 400 North to 50 West, thence North along 50 West to 600 North, thence East along 600 North to point of beginning. 
2. No new R-3 or R-MF Zones are allowed in the Protected Historic Zone. The minimal buildable lot size will be 1.06 acres in this zone unless previously split and grandfathered.
   

RV PARK: This is an area established for temporary (a maximum of 30 consecutive days within any 90 day period) parking of recreational vehicles (RVs) which for this zone only (recreational vehicle park zone) are defined as camper type trailers, motor homes, truck borne campers, or the like.

RECREATIONAL VEHICLES (RVs): Camp trailers, motor homes, pickup campers, boats and/or their trailers, four-wheelers and/or their trailers, snowmobiles and/or their trailers, motorcycles and/or their trailers, flatbed trailers, converted pickup bed trailers, camp wagons, buggies, carts, and all similar type vehicles.

SPRING CITY RESIDENT: A resident of Spring City is anyone who owns or rents a home in Spring City and resides full time.

SUBDIVISION: Any plot or parcel of land which is divided into two (2) or more plots or parcels of land having no less than 1.06 acres per parcel. in the case of land within the Protected Historic Zone and no less than 0.5 acres per parcel in the case of land outside the Protected Historic Zone Lots containing less than the required minimum acreage, unless grandfathered, are unbuildable.

TEMPORARY USE PERMIT: A permit required to engage in any temporary business enterprise or other activity using public rights of way or conditional use of public or private property in any zone such as: motion picture production permits, carnivals, circuses, fireworks displays or stands, Christmas tree lots, promotional displays, political rallies or campaign headquarters, large (over 400 people) public gatherings, temporary sales (excepting yard sales) vending on the street, sidewalk or any public right of way (excepting lemonade stands or the like, run by children under 17 years of age), and the like. (See also SCMC 10-8-2, "Temporary Uses".) Such a permit shall, among other information and conditions, specify the time limit and place to be used. Such a temporary use permit shall be required for residents of Spring City as well as any out of town business enterprises or activities.

VISIBILITY BARRIER: Any fence, or building, or any structure (of normal materials), or trees and bushes or like shrubbery constructed or arranged for the purpose of hiding from public view any unsightly materials, supplies, equipment, vehicles, etc. Said visibility barriers must comply with the height and setback requirements.

ZONING MAP: The official map prepared, approved, and presented by the planning and zoning commission and signed and adopted by the city council (after appropriate public hearings) which map shall be posted in the city hall for public view as well as (a second copy) kept safe from tampering. Thereon shall be exhibited public roadways and facilities, each zone with boundaries and titles, as well as other pertinent information.

ZONING PLAN: The adopted zoning ordinance including the zoning map. (Ord. 2005-01, 9-8-2005; amd. Ord. 2014-01, 5-15-2014) 

1. In the event that the city engineer determines that adequate public facilities are not available and will not be available by the time of development approval for any land use application, so as to assure that adequate public services are available at the time of occupancy, the following alternatives may be elected, at the discretion of the city council:
   1. Allowing the developer to voluntarily construct those public facilities which are necessary to service the proposed development and provide adequate facilities as determined by the city engineer, and by entering into an appropriate development agreement and/or reimbursement agreement consistent with the provisions of this code, which may include, as deemed appropriate by the city engineer, provisions for the recoupment of any expenses incurred above and beyond those reasonably necessary for or related to the need created by or the benefit conferred upon the proposed development, and the method and conditions upon which recoupment is to be obtained.
   2. Requiring the timing, sequencing and phasing of the proposed development, consistent with the availability of adequate public facilities.
   3. Denying approval and allowing the applicant to reapply when adequate public facilities are available.

In addition to the requirements of Section 9-1-3 of the Code relating to Building Permits, no person shall commence the erection, construction or building of any structure, building or edifice, nor add to, enlarge, alter, convert or extend any building or structure (minor repairs excepted, see Part D) within the city, nor shall any person demolish any historic or major structure (see SCMC 10-1-3, "Definitions") without first obtaining a zoning permit from the city, (Ord. 2005-01, 9-8-2005)

1. The city zoning administrator shall review applications for zoning permits. Review may be conducted concurrent with the review of building permit applications by the County. Review by the City shall assure that the proposed use is consistent with the zoning of the property and the placement of structures and improvements are consistent with the ordinances of the city. Application fees shall be paid before a zoning permit is issued and shall be in an amount set by the city council. (Ord. 2014-01, 5-15-2014)
   
2. In the case of a zoning permit within the historic district, the permit must also be reviewed by the historic preservation subcommittee so they can give advice and counsel upon matters concerning historic style and preservation as well as available historic grants (see SCMC 10-6, article H). Note: Although some changes may not require a zoning permit, when the property falls within the historic district it would be a good idea for owner to consult with the historic preservation subcommittee as a matter of course so that the subcommittee can advise on matters of historic preservation.
3. Payment in advance for permit and inspection fees established by the city council must be made before a building permit can be issued from the county building inspector's office. (Ord. 2005-01, 9-8-2005)
4. Provisions of this section shall not ordinarily apply to nominal changes or minor repairs necessary for normal maintenance of the property such as roof or siding repairs, replacing of windows, minor interior changes, painting, minor landscape changes, etc. Renovation and remodeling work requiring Planning and Zoning Commission review includes electrical, mechanical plumbing and framing work. (Note: Although some changes may not require a zoning permit, when property falls within the historic district the owner may want to consult with the historic preservation subcommittee concerning matters of historic style and preservation.) Should there be issues or questions, the zoning administrator shall determine whether or not a project is to be regarded as nominal or normal maintenance. If it is determined that the project is normal maintenance, no zoning permit will be required. For accessory structures under two hundred (200) square feet without services, a zoning permit is required but the fee is waived. The permit is required to ensure that such structures comply with existing setback ordinances as described in SCMC 10-6A-6. (Ord. 2014-01, 5-15-2014)
5. All issued permits shall expire if construction is not commenced within ninety (90) days and are invalid one (1) year after the date of issuance. (Ord. 2005-01, 9-8-2005)
6. A buffer zone exists around the perimeter of Spring City. This Buffer Zone extends one-half (1/2) mile from the municipal boundary. Zoning permit applications in the Buffer Zone must be reviewed by the Spring City Planning and Zoning Commission and submitted for review and approval by Sanpete County. A Spring City Buffer Zone permit application will require the same information as found in the Spring City Zoning Permit Application. Applications including requests for connections to Spring City utilities, including culinary water, sewer and/or power will be reviewed by either or both of the City and the City’s consulting engineers. All direct and indirect costs to review and provide services shall be borne by the applicant. Buffer zone properties recorded by the Sanpete County, Utah Recorder’s Office on or before January 1, 2018 and 1.0 acres or larger are not required to have a minimum of 200 feet of frontage along a public street or road. All other provisions of the SCMC apply.

All construction, alteration, repair or renovation as provided in this title shall be in conformity with provisions of the current edition of the International Building Code including appendices, as adopted under the Utah Uniform Building Standards Act. A copy of the most recent edition of the Code shall be filed in the Spring City, City Hall office and be available for examination and reference by interested persons. (Ord. 2005-01, 9-8-2005)

A detailed site plan, drawn to scale, and a copy of any plat map relating to the application, shall be filed with the zoning administrator, as part of any application for a zoning permit. The site plan shall show, where pertinent:

1. Scale and north arrow.
   
2. Lot lines and dimensions.
3. Adjacent streets, roads, rights of way and easements.
4. Location of existing structures on subject property and adjoining properties, drawn to approximate scale, including utility poles and fences.
5. Location of proposed construction and improvement, including landscape elements. with setback dimensions from the property lines on all sides.
6. Motor vehicle access, including parking stalls and sidewalk location.
7. Necessary explanatory notes.
8. Name, address and telephone number of builder and owner. (Ord. 2005-01, 9-8-2005)
9. A set of drawings is required for structures over two hundred one (201) square feet. Proposed construction which includes a basement, root cellar or similar below-grade construction is required to excavate to the full design depth. Basement walls shall extend no greater than 1-foot (12 inches) above the original grade at the highest point next to the foundation location. All below grade excavation shall be inspected by the City before the footing formwork is placed. A proposed construction plan which includes a connection to the City sewer system must be reviewed by a City utility services employee to verify the applicant’s sewer plumbing design and the elevation of projected connection at the City sewer system connection. This design review must be completed and reviewed by the Zoning Administrator before a zoning permit will be issued. (Ord. 2014-01, 5-15-2014)
10. In situations where the boundaries of a lot are not clearly delineated, the zoning administrator may require that the site plan include a survey or other proof of property lines
    

All building inspections shall be conducted by Spring City and the office of the county building inspector, subject to all building regulations of the city and county. (Ord. 2005-01, 9-8-2005)

Inspections required by the City prior to and during construction include: property corner staking to show the lot boundaries, building corner staking including porches, and an inspection of footings formwork before concrete in placed. Failure to have the required inspections done by a Planning and Zoning Commission representative will result in a substantial penalty.

1. New Construction; Substantial Improvements: The zoning administrator and county building inspector shall review all building permit applications for new construction or substantial improvements to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a location that has a potential flood hazard, any proposed new construction or substantial improvement (including manufactured, modular and mobile homes) must:
   
   1. Be designed or modified and anchored to prevent flotation, collapse or lateral movement of the structure;
      
   2. Use construction materials and utility equipment that are resistant to flood damage;
      
   3. Use construction methods and practices that will minimize flood damage;
      
   4. Improve and/or secure water channels to prevent flooding or erosion in order to protect proposed new or improved buildings.
      
2. Review Of Building Proposals: The Planning and Zoning Commission and county building inspector shall review all building proposals to assure that:
   
   1. All such proposals are consistent with the need to minimize flood damage;
      
   2. All public utilities and facilities, such as sewer, gas, electrical and water systems are located, elevated and constructed to minimize flood damage or eliminate flood damage;
      
   3. Adequate drainage is provided so as to reduce exposure to flood hazards.
      
   4. Spring City will not be liable for damages resulting from flooding of any structure in the City.
      
3. Replacement Of Systems: The county building inspector shall require new or replacement water supply systems and/or sanitary sewage systems to be designed to minimize or eliminate infiltration of floodwater and require on site waste disposal systems to be located so as to avoid impairment or contamination during flooding. (Ord. 2005-01, 9-8-2005)

Any person violating or causing the violation of any of the provisions of this title, shall be guilty of a Class C misdemeanor and, upon conviction thereof, subject to punishment accordingly. In addition, any violation is subject to revocation of the building permit and termination of the construction project unless and until violation and/or construction deficiencies are rectified and any and all fines are paid. (Ord. 2005-01, 9-8-2005)