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Tropic City Zoning Code

13.4 General

Provisions

13.4.1 Parking And Loading Spaces

13.4.1.1 General

Off-street parking shall be provided in compliance with this Section where any building is erected, altered, enlarged converted or increased in size or capacity.

The off-street parking spaces required for each permitted use in this Ordinance shall not be less than that found in Table 6-1.

Table 6-1 Off Street Parking Requirements

USE

NUMBER OF PARKING SPACES REQUIRED

Dwelling Unit

2 per dwelling unit

Hotel/Motel

1 per sleeping unit

Restaurant

1 per 100 gross square feet

Retail

1 per 200 gross square feet

Commercial

1 per 300 gross square feet

Industrial

1 per 500 gross square feet

HISTORY:

2022

13.4.1.2 Dimensions

A minimum width of 9 feet and a minimum length of 20 feet shall be provided for each parking stall. Handicap spaces shall be developed in accordance with the American Disabilities Act (ADA). For uses or occurrences where the parking requirements of this Ordinance are found unreasonable, appropriate parking and loading space requirements shall be determined by the Planning Commission.

HISTORY:

2022

13.4.2 Fencing

13.4.2.1 General

A. The term fence shall include any tangible barrier, an obstruction of any material, line of obstacles, lattice work, screen, wall, hedge, or continuous growth of shrubs or trees with the purpose of, or having the effect of, preventing passage or view across the fence line.

B. Fences, walls, and hedges may be erected or allowed to the permitted building height when located within the building area, provided that any physical structure over six (6) feet in height shall require Town Board approval.

C. It is recommended that the fence, wall, hedge, etc., be built to beautify the property on which it is being built; and contribute to the overall appearance of the Town, community and neighborhood. It is recommended that fencing between neighbors be built as close to the established existing boundary line.

D. The Town Council will need to approve any material(s) other than the standard building materials.

E. Fences located on corner lots shall be subject to the following provisions:

  1. Any fence, wall, hedge, etc., within thirty- (30) feet of an intersection on the front yard setback shall not exceed (4) feet in height of solid construction, or a minimum of 50% transparency. Any fence on yard 15-foot setback shall not exceed 4 feet in height of solid construction, or a minimum of 505 transparency. Fence will have the finished side facing out on a public street.
  2. It is recommended that the fence, wall, hedge, etc., be built to beautify the property on which it is being built; and contribute to the overall appearance of the Town, community and neighborhood. It is recommended that fencing between neighbors be built as close to the established existing boundary line.

F. Fencing and walls six (6) feet in height, including protective fates, shall be required around swimming pools, spas, and similar structures by a non-climbable fence and lock.

G. Fencing and walls for adequate screening six (6) feet in height are required in commercial/industrial and manufacturing/distribution districts that boarder other ones as determined by the Town Council.

Unless specifically approved by the Planning Commission and/or Building Official, any wall, fence or hedge shall not exceed those found in Table 6-2.

Table 6-2 Maximum Wall, Fence or Hedge Heights

YARD

HEIGHT (Feet)

Front

3.5

Side

6.0

Rear

6.0

HISTORY:

Resolution No. R-52809, 5/28/2009

2022

13.4.2.2 Fence Types

Any wall, fence or hedge that is not primarily transparent (metal bar, chain link, etc.) shall not exceed 3.5 feet in height inside 25 feet from any front property line or side property line which fronts a street or road.

HISTORY:

2022

13.4.3 Accessory Building

13.4.3.1 General

Accessory buildings shall occupy the same lot as the main use or building and shall be located at least 10 feet from the main building or any other building.

HISTORY:

2022

13.4.3.2 Setbacks

Accessory buildings shall meet the same front setback requirements as the main building. However, the side and rear yard setbacks for any accessory building shall be 10 feet. An accessory building may be built on the side or rear property line upon approval from the Building Official as a fire proof structure (metal, block or cement).

HISTORY:

2022

13.4.4 Easements And Rights-Of-Way

Uses of easements and/or rights-of-way shall be permitted in or through any Zone for the purpose of serving a permitted use in the same or any Zone. Such easements or rights-of-way may be used for uses similar to, but not limited to the following:

  1. Roads, streets, highways.
  2. Railroads, tramways, cableways and conveyor systems.
  3. Pipelines for the transmission of water, waste water, materials, fuels or products.
  4. Overhead or underground transmission or distribution lines, including poles, towers and conductors.
  5. Uses not requiring continuous routes along the ground such as radio, television or microwave relay stations and towers.
  6. Structures and facilities incidental to the above.

HISTORY:

2022

13.4.5 Special Regulations

13.4.5.1 Home Occupations

Home Occupations shall be permitted in Commercial zoning districts and a Conditional Use in Residential and Agricultural zoning districts. Home occupations shall be located wholly within the primary structure on the premises.

Conditions. Home Occupations shall comply with the following conditions:

  1. The home Occupation, and all inventory, supplies and equipment shall not exceed or consume more than 50% of the primary structure.
  2. Goods relating to the home occupation shall not be stored in the front yard of the lot
  3. If necessary, additional parking spaces shall be provided to accommodate the Home Occupation. All parking shall be off-street.
  4. A Town approved Business License shall be required for all Home Occupations.

HISTORY:

2022

13.4.5.2 Adult Uses

Adult Uses shall be permitted in Commercial zoning districts and shall be prohibited in all other zoning districts.

Conditions. Adult Uses shall comply with the following conditions:

  1. Adult Use businesses shall not be located within 1,000 feet from any park, school, day care, library or religious institution.
  2. Adult Use businesses shall not be located along major highways or main streets and shall not be located adjacent to any residential zone boundary.
  3. Adult Use businesses shall only include those deemed legal by the State of Utah such as bars, taverns, pool halls, lounges, etc.

HISTORY:

2022

13.4.6 Development Agreements

  1. Tropic Town may enter into a Development Agreement containing any term that the Town considers necessary or appropriate to accomplish the purposes of this Ordinance, in accordance with Utah Code 10-9a-532.
  2. A Development Agreement may not:
  3. limit the Town’s authority in the future to:
  4. enact a land use regulation; or
  5. take any action allowed under Utah Code 10-8-84;
  6. require the Town to change the zoning designation of an area of land within the Town in the future; or
  7. contain a term that conflicts with, or is different from, a standard set forth in this Ordinance or any other land use regulation for Tropic Town that governs the area subject to the Development Agreement, unless the Town Council approves the Development Agreement in accordance with the same procedures for enacting a land use regulation under Utah Code 10-9a-502, including a review and recommendation from the Planning Commission and a public hearing.
  8. A Development Agreement that requires the implementation of an existing land use regulation as an administrative act does not require the Town Council’s approval under Utah Code 10-9a-502.
  9. The Town may not require a Development Agreement as the only option for developing land within the Town.
  10. To the extent that a Development Agreement does not specifically address a matter or concern related to land use or development, the matter or concern is governed by:
  11. Utah Code 10-9a-532; and
  12. this Ordinance; and
  13. any applicable Town land use regulations.

HISTORY:

2022