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Toquerville City Zoning Code

CHAPTER 8

ZONING DISTRICTS AND MAP

10-8-1: ZONE DISTRICTS AND ZONE DISTRICT MAP:

   A.   In order to carry out the purposes of this title, zone districts have been established as described in this title and identified on a zone district map that is made part of this title by reference. In the interpretation of the map, the zone district boundary lines are intended to conform to the property lines or along the centerlines of the public right of way, unless such boundary lines are established by fixed dimension shown on the map. If zone district lines diverge from lot lines, such lot lines shall be considered to be on the property boundary.
   B.   Each zone district description in this title includes one or more of the following categories of regulations:
      1.   Purpose;
         2.   Permitted uses;
      3.   Conditional uses; and
      4.   Physical requirements. (Ord. 2012.04, 1-18-2012; amd. Ord. 2024.15, 8-7-2024)

10-8-2: USE AND/OR MODIFICATION OF LAND AND BUILDINGS CONSISTENT:

Any building or structure erected, constructed, altered, enlarged, converted, moved or maintained contrary to provisions of this title; and any use of land, building or premises established, conducted or maintained contrary to provisions of this title shall be, and the same hereby is, declared to be unlawful and a public nuisance. The city attorney, upon request of the mayor or city council, shall take such steps as necessary to cause removal of such structures and/or uses. This shall not apply to nonconforming uses, preexisting the adoption of this title that are properly maintained and not enlarged or abandoned as provided in Utah Code Annotated section 10-9a-511, as amended. The remedies provided for herein shall be cumulative and not exclusive. (Ord. 2012.04, 1-18-2012; amd. 2014 Code; Ord. 2024.15, 8-7-2024)

10-8-3: AMENDMENTS TO ZONE DISTRICT MAP:

The zone district map may be amended as provided in this section. The city council may establish a fee for zone change applications to cover the cost of processing and review.
   A.   Review Process:
      1.   Planning Commission: The proposed amendment shall be submitted to the planning commission with documentation as prescribed in chapter 6 of this title. The planning commission may recommend approval, modification and approval, or denial of the proposed zone amendment following the procedures described by Utah Code Annotated and this title, and in accordance with the criteria in this section.
      2.   City Council: Within a reasonable time after a proposed amendment is submitted to the planning commission, the planning commission shall submit its recommendations on proposed amendments to the city council for its consideration. Failure of the planning commission to table or submit its recommendations to the city council within a reasonable time shall be deemed a recommendation of approval of the proposed amendment by the planning commission.
      3.   Public Hearing: Upon receipt of a completed application, the planning commission shall advertise and convene a public hearing pursuant to section 10-1-8 of this title to receive public comment. Within a reasonable time after the public hearing, the planning commission shall recommend approval, approval with conditions, or denial of the proposed amendment to the city council.
   B.   Standards For Review: No zone district amendment shall be approved unless the planning commission finds that the amendment meets the following standards and conditions:
      1.   Addresses a recognized and demonstrated need in the community;
      2.   Will be compatible with the character of the neighborhood and surrounding structures in use, scale, mass and circulation;
      3.   Will not result in an over intensive use of the land or excessive depletion of natural resources;
      4.   Will not have a material adverse effect on community capital improvement programs;
      5.   Will not require a level of community facilities and services greater than that which is available;
      6.   Will not result in undue traffic congestion and traffic hazards;
      7.   Will not cause significant air, odor, water, light or noise pollution;
      8.   Will not otherwise be detrimental to the health, safety or welfare of the present or future inhabitants of the city; and
      9.   Will meet the requirements of the general plan.
   C.   Diversity Of Ownership And Minimum Area For Zone Designation: Neither the size of a zone district nor the number of landowners within a zone district shall be considered as evidence of the illegality of a zone district or a proposed zone designation. (Ord. 2012.04, 1-18-2012; amd. Ord. 2024.15, 8-7-2024)

10-8-4: VESTED RIGHTS; PENDING ORDINANCES:

Applicants of a proposed zone amendment shall obtain vested rights in any zone amendment upon the occurrence of the events, and subject to the conditions set forth in subsection 10-1-8 of this title. (Ord. 2012.04, 1-18-2012; amd. Ord. 2024.15, 8-7-2024)

10-8-5: ZONING OF ANNEXED PROPERTY:

Upon successful completion of the requirements of the current annexation policy plan adopted pursuant to UCA § 10-2-401.5, the annexed property shall possess the zoning designation of Multiple Use 20 (MU-20) unless the applicant has sought and obtained a different zoning designation through the procedures outlined in the annexation policy plan. (Ord. 2024.15, 8-7-2024)