This title shall be known as the ZONING ORDINANCE OF WASHINGTON COUNTY, UTAH, and may be so cited and pleaded. (Ord. 2001-815-O, 12-17-2001, eff. 12-17-2001; amd. Ord. 2024-1251-O, 2-20-2024)

This title is designed and enacted for the purpose of promoting the health, safety, morals, convenience, order, prosperity and welfare of the present and future inhabitants of the county, including among other things, the lessening of congestion in the streets and roads, securing safety from fire and other dangers, providing adequate light and air, classification of land uses and distribution of land development and utilization, protection of the tax base, securing economy in governmental expenditures, fostering the county's commercial and industrial growth, and the protection of both residential and nonresidential development. (Ord. 2001-815-O, 12-17-2001, eff. 12-17-2001; amd. Ord. 2024-1251-O, 2-20-2024)

In interpreting and applying the provisions of this title, the requirements herein are declared to be the minimum requirements for the purposes set forth. (Ord. 2001-815-O, 12-17-2001, eff. 12-17-2001; amd. Ord. 2024-1251-O, 2-20-2024)

This title shall not nullify the more restrictive provisions of covenants, agreements, other ordinances or laws, but shall prevail notwithstanding such provisions which are less restrictive. (Ord. 2001-815-O, 12-17-2001, eff. 12-17-2001; amd. Ord. 2024-1251-O, 2-20-2024)

   A.   The existing ordinances covering zoning, in their entirety, and including the maps heretofore adopted and made a part of said ordinances, are hereby superseded and amended to read as set forth herein; provided, however, that this title, including the maps, shall be deemed to be a continuation of previous ordinances and not a new enactment, insofar as the substance of revisions of previous ordinances is included in this title, whether in the same or in different language; and this title shall be so interpreted upon all questions of construction, including, but not limited to, tenure to officers and boards established by previous ordinance and to questions of conforming to nonconforming uses and buildings, and to questions as to the dates upon which such uses, buildings or structures became conforming or nonconforming.

   B.   Requirements covered by a previous ordinance but not treated in this title, shall remain as though the previous ordinance was still in force and effect and shall be in full force as though it was a part of this title. (Ord. 2001-815-O, 12-17-2001, eff. 12-17-2001; amd. Ord. 2024-1251-O, 2-20-2024)

   A.   The construction, alteration, repair, removal or moving of any building or structure or any part thereof, as provided or as restricted in this title, shall not be commenced or proceeded with, except after the issuance of a written permit for the same by the building inspector. In addition to buildings or structures, utility systems and other physical improvements on any lot, such as pools, courts, etc., shall be constructed only after receiving a written permit from the building inspector.

   B.   All building permits shall be issued in accordance with the general plan of the county, the road plan, the standards and regulations approved by the county public works director, and all boards, commissions, agencies and officials of the county and all other applicable ordinances of the county, including the county subdivision ordinance. (Ord. 2001-815-O, 12-17-2001, eff. 12-17-2001; amd. 2004 Code; Ord. 2024-1251-O, 2-20-2024)

   A    No land shall be used or occupied and no building hereafter structurally altered or erected shall be used or changed in use, until a certificate of occupancy shall have been issued by the building inspector, stating that the building or the proposed use thereof, or the use of the land, complies with the provisions of this title or for the renewing, changing or extending of a nonconforming use.

   B.   Such a permit shall also be issued whenever the character or use of any building or land is proposed to be changed from one use to another use. (Ord. 2001-815-O, 12-17-2001, eff. 12-17-2001; amd. Ord. 2024-1251-O, 2-20-2024)

A detailed site plan, drawn to scale, shall be filed as a part of any application prior to consideration for any building permit. The site plan shall show, where pertinent:

   A    Scale used.

   B.   Direction of north point.

   C.   Lot lines, adjacent streets or rights of way, easements, etc.

   D.   Location of all existing structures on the property, including driveway entrances, utility poles, etc.

   E.   Location of the proposed construction and improvements, including setbacks, location and dimensions of signs, location of garbage receptacles, etc. The lowest floor level or opening into any residential building must be twenty four inches (24") above the crown of the highest road adjacent to the property.

      1.   Exceptions:

         a.   When the property is lower than the street, the lowest floor elevation may be lower than the street if the following three (3) requirements can be achieved:

         (1)   The drainage immediately around the building shall meet the minimum building code slope requirements of six inches (6") in ten feet (10').

         (2)   The final grade perpendicular to all exterior walls must be sloped a minimum of twenty four inches (24") below the lowest floor or entrance to the building.

         (3)   The drainage shall continue at a minimum of a two percent (2%) slope to an approved drainage easement.

         b.   If there is a conflict between the requirements of this subsection E and title 12, "Flood Control", of this code, title 12 shall control.

   F.   Motor vehicle access, including individual parking stalls, circulation patterns, curb and gutter and sidewalk locations.

   G.   Any necessary explanatory notes.

   H.   Name, address and telephone number of building contractor and owner.

   I.   All other information that may be required as may be determined by the building inspector. (Ord. 2001-815-O, 12-17-2001, eff. 12-17-2001; amd. Ord. 2007-951-O, 12-4-2007; Ord. 2024-1251-O, 2-20-2024)

The building inspector is hereby authorized to inspect or to cause to be inspected all buildings and structures in the course of construction, modification, moving or repair and to inspect land uses to determine compliance with the provisions of this title, the building code, and the subdivision ordinance. The building inspector or any authorized employee of the county shall have the right to enter any building premises for the purpose of determining the use thereof or to enter the premises for the purpose of determining compliance with the provisions of the ordinance; provided, that such right of entry shall be exercised only at reasonable hours and that in no case shall entry be made to any occupied building in the absence of the owner or tenant thereof without written permission of the owner, or the written order of the court of competent jurisdiction. (Ord. 2001-815-O, 12-17-2001, eff. 12-17-2001; amd. 2004 Code; Ord. 2024-1251-O, 2-20-2024)

   A.   From the time of the effective date hereof, the building inspector shall not grant a permit for the construction or alteration of any building or structure or the moving of a building or structure onto a lot, if such building or structure would be in violation of any of the provisions of this title, nor shall any county official grant, permit or license for the use of any building or land if such use would be in violation of this title.

   8.   The county planning staff or building inspector shall certify that all building permits conform to this title and the subdivision ordinance requirements. (Ord. 2001-815-O, 12-17-2001, eff. 12-17-2001; amd. 2004 Code; Ord. 2024-1251-O, 2-20-2024)

Any building or structure erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this title, and any use of any land, building premises established, conducted or maintained contrary to the provisions of this title shall be, and the same hereby, is declared to be unlawful and a public nuisance. The county attorney shall, upon request of the county commission, immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law, and shall take other steps and apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building or structure and restrain or enjoin any person using any such building or structure or using property contrary to the provisions of this title. The remedies provided herein shall be cumulative and not exclusive. (Ord. 2001-815-O, 12-17-2001, eff. 12-17-2001; amd. Ord. 2024-1251-O, 2-20-2024)

The building inspector and the public works director, appointed under the provisions of the building code of the county and this title, are hereby designated and authorized as the officials charged with the enforcement of this title, but the county commission may from time to time entrust such administration, in whole or in part, to any other employee of the county without amendment to this title. (Ord. 2001-815-O, 12-17-2001, eff. 12-17-2001; amd. 2004 Code; Ord. 2024-1251-O, 2-20-2024)

It shall be the duty of all contractors, subcontractors, builders and other persons having to do with the establishment of any use of land or the erection, altering, changing or remodeling of any building or structure to see that a proper permit has been issued before beginning any work. Such work without a permit having been issued is in conflict with the requirements of this title and shall be deemed a violation of this title in the same manner and to the same extent that the owner of the premises or the persons for whom the use is established, and shall be subject to the penalties herein prescribed for violation. (Ord. 2001-815-O, 12-17-2001, eff. 12-17-2001; amd. 2004 Code; Ord. 2024-1251-O, 2-20-2024)

This title, including the maps, may be amended by the county commission after recommendation by the planning commission. The county commission may consider a planning commission's failure to make a recommendation as a negative recommendation. The county commission may overrule the planning commission's recommendation by a majority vote of its members. (Ord. 2001-815-O, 12-17-2001, eff. 12-17-2001; amd. Ord. 2020-1153-O, 1-7-2020; Ord. 2024-1251-O, 2-20-2024)

All ordinances or resolutions, or parts thereof, in conflict with the provisions of this title, are hereby repealed insofar as they conflict with the provisions set forth in this title. (Ord. 2001-815-O, 12-17-2001, eff. 12-17-2001; amd. Ord. 2024-1251-O, 2-20-2024)

Fees may be charged applicants for building, occupancy and conditional use permits, design review and planned unit development approval, planning commission and land use authority hearings, and such other services as are required by this title to be performed by public officials or agencies. Such fees shall be established by the legislative body and shall be in amounts reasonably necessary to defray costs to the public. (Ord. 2001-815-O, 12-17-2001, eff. 12-17-2001; amd. Ord. 2005-896-O, 11-15-2005; Ord. 2024-1251-O, 2-20-2024)

All departments, officials and public employees of the county which are vested with authority to issue permits or licenses shall conform to the provisions of this title and shall issue no permit or license for uses, buildings or purposes where the same would be in conflict with the provisions of this title. Any such permit or license issued shall be null and void. (Ord. 2001-815-O, 12-17-2001, eff. 12-17-2001; amd. Ord. 2024-1251-O, 2-20-2024)

   A.   An inspector may issue a stop work order "red tag" to any building or structure that is being used, altered or erected in violation of any requirement of this title, the building code, any state statute governing the construction of a building, the subdivision ordinance, the nuisance ordinance, or any other ordinance for which the building department is responsible for enforcement.

   B.   Once in place, the removal of a "red tag" is a violation of this section, unless and until such time as the reason for the violation has been resolved and the removal of said notice has been approved by the building inspector. (Ord. 2001-815-O, 12-17-2001, eff. 12-17-2001; amd. 2004 Code; Ord. 2024-1251-O, 2-20-2024)

   A    No building permit will be issued until the subject lot has been improved with water, power, sewer, curb, gutter and sidewalk, and a dedicated improved street as approved by the county public works director or county commission.

   B.   Required site improvements such as pavement for parking areas, curb, gutter and sidewalk, privacy walls, storm drainage, culverts, borrow ditches, and all other required improvements, shall be completed prior to the issuance of a certificate of occupancy. In the event that improvements cannot be completed prior to receiving said certificate, due to weather conditions or other unusual circumstances, a financial guarantee in the form of a cashier's check, cash, letter of credit or other financial guarantee acceptable to the county, shall be provided to the county guaranteeing that such required improvements will be fully completed as required. (Ord. 2008-966-O, 11-26-2008; amd. Ord. 2024-1251-O, 2-20-2024)

   A.   In the event that a petition for a zone change, an ordinance amendment or a conditional use permit is denied, the planning commission may not consider the petition, or any other petition for the same zone change, amendment or conditional use permit for a period of one year from the date of the original action of the planning commission, unless the conditions upon which the original denial was based have substantially changed.

   B.   A "substantial change" means an increase or decrease in density or land area, a change in the proposed use, or other factors which, in the opinion of the planning commission clearly constitute a significant addition. modification. or alteration to the denied plan. (Ord. 2001-815-O, 12-17-2001, eff. 12-17-2001; amd. Ord. 2024-1251-O, 2-20-2024)

No development activity, land use, subdivision, or zone change shall impair, encroach, or interfere with the county's public access rights or R.S. 2477 rights-of-way. The county hereby reserves all such rights regardless of the development activity, land use, subdivision, or zone. Any impairment, encroachment, or interference may be corrected by the County at the expense of each responsible party. (Ord. 2022-1223-O, 12-20-2022; amd. Ord. 2024-1251-O, 2-20-2024)