The purpose of these regulations is to enhance the economic viability of the Scenic Byway Overlay Zone ("SBOZ") through preserving and enhancing the natural environment and enhancing aesthetic protections for development in the zone. The Zion Park Scenic Byway SR-9 is an iconic entrance to Zion National Park where the natural Virgin River shoreland, and the corridor, cliffs, and canyons carved by eons of river erosion, interfaces with development. (Ord. 2023-1245-O, 12-19-2023)

A designated scenic byway is a roadway in Washington County, Utah that has a National or State designation as a scenic byway. The Zion Scenic Byway SR-9 is the only currently designated national or state scenic byway in Washington County where substantial portions of the roadway are outside of the designated area of a National Park, and it is the area subject to these overlay regulations. The section of the designated Zion Scenic Byway that is the subject of this chapter begins in La Verkin at the intersection of SR-17 and SR-9 and continues to the south entrance of Zion National Park. The affected area located in Washington County is shown on Map 1: Scenic Byway Overlay Zone: below. Designated scenic byways enhance the natural, archeological, historic, cultural, recreational, and scenic qualities of the areas through which they pass. They enhance the experience of residents, travelers, and tourists. They are an engine of economic vitality if limited and reasonable standards preserve and protect views to enhance the visitor and resident experience along the scenic corridor. Any lot or parcel along, accessed by, or viewed from the designated Zion Scenic Byway, or within the Scenic Byway Overlay Zone, as depicted on the overlay zone map that is in Washington County, and outside of the designated area of a National Park, is subject to these standards. In addition to these standards, other existing county regulations and standards applicable to the property, or in the underlying zone for the property, also apply. In the event of a conflict between other regulations or standards, the provisions of this overlay zone shall govern. In the event of a dispute pertaining to the boundary or location of a property within the SBOZ, the Planning Commission shall make a recommendation to the Washington County Commission. The County Commission is the final authority to interpret and render a written determination of the applicable boundary of such category or district.

   Map 1: Scenic Byway Overlay Zone

(Ord. 2023-1245-O, 12-19-2023)

Only certain zoning districts listed below are permitted in the SBOZ. Current uses and zoning designations that are not permitted in the SBOZ, are now existing, nonconforming. Any newly proposed commercial, mixed use, or multiple lot or planned development residential, projects will be required to seek and obtain a zone change to PD-SBOZ (Planned Development Scenic Byway Overlay Zone) before development. Standard commercial development is more appropriate in C-1, C-2, or C-3 zones and should be located close to freeway interchanges and at the intersections of important transportation routes or clustered in existing communities and not along the Zion Park Scenic Byway. To meet the demand and possible need for commercial development within the SBOZ, all such proposed development shall require a zone change to the PD-SBOZ. If any other zoning and uses are no longer permitted in the zone, like manufacturing or industrial, current zoning or their uses are now existing, nonconforming. If an existing, nonconforming lot or parcel had the right to construct a single family dwelling or accessory structures under prior ordinances, the right continues. Any use of land that is not plainly designated as a permitted use in the zone is prohibited.

   A.   A-20 (Agricultural Twenty (20) Acre Minimum Lot Size Zone): The purpose of this zone is to preserve appropriate areas for agricultural uses in the SBOZ. Permitted and conditional uses for this district are found in Titles 10-7-2 and 10-7-3.

   B.   OSC-20 (Open Space Conservation Twenty (20) Acre Minimum Lot Size Zone): The purpose of this zone is to allow for the preservation of the scenic natural undeveloped land in the SBOZ. No development is allowed within this zoning district except permitted uses found in Title 10-6A-2. The conditional uses described in 10-6A-3 are permitted in the SBOZ except outdoor shooting range/tactical training facility.

   C.   OST-20 (Open Space Transition Twenty (20) Acre Minimum Lot Size Zone): The purpose of this zone is to provide for the protection of primarily undeveloped private land in the SBOZ. Permitted and conditional uses for this district are described in 10-6B-2. The conditional uses described in 10-6B-3 are permitted in the Scenic Byway Overlay Zone except airports, golf course and outdoor shooting range/tactical training facility.

   D.   PD-SBOZ: Uses Permitted In The PD-SBOZ: The overall purpose of the PD-SBOZ (Scenic Byway Overlay Zone) is to allow and encourage applicant flexibility and creativity in design and development of comprehensively planned projects in the PD-SBOZ. The specific purposes and intent of the planned development zoning regulations are:

      1.   To provide greater compatibility with surrounding land uses consistent with the Washington County General Plan.

      2.   To allow for a more efficient and creative site design for a specific property.

      3.   To encourage property owners to develop master plans of their total land while still allowing for phased development.

      4.   All planned developments in the PD-SBOZ shall conform to all requirements herein, and to all requirements in 10-9-1 through 10-9-8 for planned developments. Density also shall conform to the density limits in the General Standards and Requirements, and under Roadway Design herein. If there is a conflict, the requirements herein control over the requirements in Title 10 chapter 9.

      5.   The uses for the PD-SBOZ are listed below in the Use Chart. Uses indicated by the letter “P” are permitted; uses indicated by the letter “PS” are permitted with required standards; and uses indicated by the letter “C” are conditional. Uses not specifically identified are not permitted in the PD-SBOZ.

 

 

   A.   Access and Visibility: All development visible from the Zion Scenic Byway or in the SBOZ shall maintain and enhance the scenic views along it.

   B.   Setback from the Virgin River: Setbacks from the edge of the Virgin River channel as defined by FEMA shall be a minimum of one hundred feet (100'). See Map 2: Flood Plain: below. Development along the Virgin River shall meet the requirements and standards set forth in Title 12 Chapter 5: Provisions for Flood Hazard Reduction.

   C.   Distance and Setback Requirements: All buildings or structures shall be setback a minimum of one hundred feet (100') from the Zion Scenic Byway. All surface parking areas shall be setback a minimum of fifty feet (50') from the Zion Scenic Byway. All buildings, structures, or surface parking areas shall be screened from the Zion Scenic Byway with designed and irrigated landscape screening and berms including tree plantings a maximum of thirty feet (30') apart, with some clustering permitted in county’s sole discretion.

   D.   Grading: Natural slopes on the lot or parcel exceeding ten percent (10%) grade shall not be cut or used to cut and fill other areas for the development. Significant removal of soil material on the uphill side, and filling on the downhill side, when natural slope conditions exceed ten percent (10%) to create a large, flat development pad is not permitted. All development shall conform to the existing contours of the land.

   E.   Architecture and Design: All buildings, dwellings, or structures in the SBOZ shall be approved as part of the planned development, or at the time of obtaining a building permit. All buildings, dwellings, or structures shall enhance the visual environment of the SBOZ by blending harmoniously into the natural environment. Mass and bulk shall be minimized through articulations, a variety of vertical and horizontal planes, rooflines, windows, reveals, alcoves, corners and architectural interest. Because the aesthetic features in the SBOZ design and color selection is important and shall be limited as set forth herein. Parkitecture and desert modern architecture (see definitions in 10-30-5) are appropriate architectural styles for the SBOZ. The architecture and design of structures shall be authentic for its place in time and location. The light house in Cedar City is an example of an inappropriate, not authentic structure for the context of its location. The height limit of any building, dwelling, or structure is twenty-eight feet (28'). Height variation between one- and two-story sections of any building, dwelling, or structure is required creating a tier effect. No box or modified box structures are permitted. Natural or natural appearing materials shall be used. Rusted or non-reflective metal are permitted. Colors shall conform to the surrounding earth tones, such as: clay, stone, golden burnt umber, sandstone, beige, off white, natural gray, sage, or olive green. Finishes shall be matte and complement the natural environment. High contrast coloration is prohibited. All buildings or structures shall blend into the natural environment without excessive, unamended grading or visual scarring. In the SBOZ, the visual impact of any development shall be minimized. Due to the goals of the SBOZ, all buildings, dwellings, or structures in all zones in the SBOZ shall comply with the architecture and design requirements herein.

   F.   Density: Maximum density for any PD-SBOZ commercial, mixed use, or multiple lot or planned development residential, project is one unit per three acres. If the project includes hotel, transient room, short term rental, or other nightly rental uses, all units shall comply with County Ord. 10-9-7(B)(4).

   G.   Roadway Design: Roadway design can be one of the most visually disruptive portions of development in the SBOZ. These standards preserve public safety while minimizing the visual disruption of roadways for development along the Zion Scenic Byway and in the SBOZ. Any development on a lot or parcel in the SBOZ shall obtain access from a public roadway, or a private roadway acceptable to the county. Private roadway access width is acceptable at twenty feet (20') of improved road surface, or a combination of road surface and up to two feet (2') of drivable shoulder to provide enough room for two (2) vehicles to pass if approved as part of the SBOZ project plan. Roadways in the SBOZ may have narrower improved road surface widths, low impact layouts following the natural contours of the site, and low contrast coloration. The design of the roadway network may involve some give and take in achieving layouts compatible with topography and to avoid unnecessary cuts and fills. All surfaces shall be sloped or crowned to evenly drain and prevent erosion. The primary road design shall be “open” drainage with filter strips and swales, not curb and gutter. If curbs are deemed necessary, the design should consist primarily of invisible curbs set at the same level as the surface of the road. Grading shall use swales to direct water onto adjacent vegetative areas where runoff will infiltrate or sheet flow naturally. Minimum roadway width shall be based on the SBOZ plan approvals, the International Fire Code, fire apparatus access and turnaround, and the density and use of the lot or parcel. Density and use determine roadway width, as follows:

      1.   Two (2) accesses for commercial development, or for hybrid commercial and residential development, are required unless all of the following factors exist on the developing property:

         a.   Helicopter access is provided for secondary access and emergency access or evacuation;

         b.   Access is obtained via a bridge over the Virgin River, and providing two (2) accesses would necessitate the construction of a second bridge, and the construction of a second bridge would be impractical or impossible due to the regulatory requirements of other governmental agencies;

         c.   Looped or two-way traffic is accommodated through the commercial development that provides for in and out traffic on two (2) separate roadways or widths of roadways, except for areas servicing the bridge over the Virgin River and the connection to SR-9; and

         d.   The development has a minimum acreage of 1500 acres with a density not to exceed 91 commercial transient rental units, and 19 single family dwelling units with no accessory dwelling units and no transient rental uses.

      2.   Roadway width for commercial, hybrid, or short-term rental development may be reduced as part of the overall PD-SBOZ project plan approval if all of the following factors exist on the developing property:

   In an effort to minimize impact of development along the Zion Scenic Byway corridor, both existing, and to be constructed private lanes and private roads for PD development may be the minimum size necessary to provide services. The density for the combined residential or commercial uses in the PD (all phases counted as one development) shall comply with traffic volumes determined by a traffic engineering study acceptable to the county. The traffic study conclusions shall be based on accurate and complete traffic volume measurements year-around, and on every day of the week, free from data bias;

   If the PD use includes hotel, transient room, short term rental, or other nightly rental uses, the project shall have 91 units or less, no lockouts, and the total nightly occupancy for the project shall be less than three hundred and fifty (350) people;

         a.   Traffic volume shall accommodate the development considering number of lanes, width of lanes, traffic speed, proportion of heavy vehicles, conflicting or opposing traffic, roadway alignment, and width and type of shoulder or pull-out areas.

         b.   Impacts, infrastructure: Providing adequate public infrastructure to the development is the responsibility of the developer. A traffic impact study (TIS) is required unless otherwise approved by the county engineer or designee. The TIS aids in determining the off-site impact mitigation of the development. Where a development abuts a road, utilities, or drainage system, the developer shall complete the portion of the improvements to the full length of the property.

   H.   Visual Protection: All development shall blend with the unique visual character of the natural environment, ensuring that it blends rather than interrupts the natural contours and elevations of the landforms. Development shall be sited and designed to retain the existing topography and minimize grading activities to the maximum extent. Development shall be sited so it does not create a silhouette against the ridgelines or sky. All cuts, fills, and grading shall be amended and revegetated with site appropriate vegetation approved in the project plan.

   GOOD: The site selection and design of this structure keep the roofline below the hillside and skyline, allowing it to blend in with the backdrop created by the hillside.

   BAD: The structure stands out much more clearly against the hillside and skyline because the roofline breaks the hillside and skyline rather than blending into the hillside.

   I.   Key Viewing Areas: Key Viewing Areas are important roads, trails, recreational sites, and other places offering the public scenic views of the corridor and shall be protected in the SBOZ as important areas for visual protection. Key Viewing Areas also provide travelers with areas to safely park off of the National Scenic Byway and engage with the interpretive sites and scenic beauty of the area. Key Viewing Areas, and the seven Zion Scenic Byway Interpretive Sites identified on Map 4 below, include portions of public roads, parks, trails, and other historic sites or other vantage points within the designated National Scenic Byway and from which the public views Zion National Park. Scenic area landscapes also are important areas for visual protections in the SBOZ, including gathering points, rest areas, roads, and trails that provide primary access to the area, parking lots, and associated recreation areas. Identified Key Viewing Areas and landscapes include:

   J.   Outdoor Lighting: (See 10-15B OUTDOOR LIGHTING).

   K.   Landscape Plan:

      1.   A landscape plan shall be required for all applicable development projects in accordance with County development standards. The Community Development Department is the land use authority for the approval of all landscape plans. Modifications to landscape plans must be approved prior to installation of any landscape improvements.

      2.   The landscape plan shall include the following information:

         a.   Site plan showing the location and identification of all significant native vegetation.

         b.   Site plan showing the location, size in square feet, and identification of all proposed irrigated landscape areas, hardscape areas, xeriscape landscaping areas, and native vegetation areas. A summary table of this information shall appear on the site plan.

         c.   Quantity and size of all proposed plantings.

         d.   Site plan showing the location of all proposed stormwater detention and retention areas.

         e.   Irrigation plan, indicating the layout and details of the irrigation system.

      3.   Standards: The landscape plan shall comply with the following Grass Area Restrictions:

         a.   In the SBOZ where it is a single family, two family, or multi-family development, the grass area within the irrigated landscaped area shall not exceed the lesser of fifteen percent (15%) of the irrigated landscaped area or two thousand (2,000) square feet.

         b.   In the SBOZ where it is a commercial or mixed use commercial and residential development, the grass area within the irrigated landscaped area shall not exceed the lesser of fifteen percent (15%) of the irrigated landscaped area or two hundred and fifty (250) square feet.

         c.   Consult a landscape architect or local nursery for a list of plants that satisfy these requirements, thrive in the area, and are available to purchase. The Washington County Water Conservancy District has a list of recommended plants.

         d.   The use of grass in narrow, small, or oddly shaped areas less than eight feet wide, is prohibited.

         e.   The use of grass on slopes greater than fifteen percent (15%) is prohibited.

         f.   Grass shall be irrigated separately from other landscaped areas.

      4.   Environmental Considerations: The landscape plan shall demonstrate that plants are placed in the optimum location for water conservation, soil stabilization, and erosion control.

      5.   Landscape Watering Zones: Plants with similar water needs shall be grouped together. Areas landscaped with high water use plants shall be separated from those with low and very low water usage.

      6.   Critical Lands: Existing plants within critical land areas, as defined shall be disturbed only at the County’s discretion. If slopes greater than thirty percent (30%) are disturbed, the area shall be landscaped with deep rooting, water conserving plants for erosion control and soil stabilization.

      7.   Required Plants: All landscapes shall use plants identified as being “water wise” or “low water” plants. A list of plants that satisfy these requirements, thrive in the area, is available from the Washington County Water Conservancy District.

      8.   Plant Substitutions: Landscaping shall be installed consistent with approved planting plans, but plant substitutions may be made provided that the substituted plants are of a similar plant type (bush-for-bush, tree-for-tree, etc.) and have a similar water need as the plant originally specified in the approved landscape plan.

      9.   Soil Amendment/Preparation: Where appropriate, the use of organic soil amendments or additives, such as aged compost, are encouraged.

      10.   Mulch: Mulch, landscape rock or chat shall be installed and maintained at a minimum depth of three inches (3") to four inches (4"). Fiber barriers and plastic sheeting that are not porous to air and water are prohibited.

      11.   Preservation Of Existing Vegetation: To the extent possible, significant native vegetation shall be maintained on property and protected during construction. When allowed to be removed, based on an approved development permit, the native vegetation shall be replaced with landscaping similar in type. To ensure survivability, replacement plantings may be smaller sized and slightly denser than the original. The County may grant exceptions if it is found that replacement is impossible or would require excessive amounts of water.

      12.   Parking Area Landscaping:

         a.   Internal landscape shall equal at least fifteen percent (15%) of the total parking area.

         b.   The use of grass within a parking area is prohibited.

         c.   Landscape islands shall be a minimum of nine feet (9') in width and shall be landscaped with plants no more than four feet (4') in height or high canopy trees..

         d.   Internal landscape shall be located so that pedestrians are not required to cross landscaped areas without pathways to reach building entrances from parked cars. This should be achieved through proper orientation of islands and spaces.

         e.   Bioretention systems or other sustainable natural drainage systems which reduce the stormwater runoff created by the development and which promote infiltration of the generated stormwater into the subsurface are required. Such systems include stormwater planter strips, infiltration swales or trenches, stormwater curb extensions, rain gardens, etc. Exceptions to any standards within this section may be granted by the County to accommodate the design of such systems.

         f.   Parking and landscaping shall meet the requirements of Title 10.

   L.   Washington County Transportation Master Plan; Outdoor Recreation Master Plan; Trail System Plans (County Plans):

      1.   Pedestrian walkways, trails, or bike paths shall be provided within a development that connects to the public walkways, trails, or bike paths in the county’s active transportation plan to serve the needs generated by the development.

      2.   If the development property is within three hundred feet (300') of a planned public walkway, trail, or bike path on the County Plans, the developer is responsible for constructing a connection to the planned public infrastructure. The space dedicated in trails may be included in the calculation of the open space, as otherwise provided in this title.

      3.   In the event a public walkway, trail, or bike path on the County Plans is located on a development parcel, pursuant to the provisions of Utah Code Annotated section 17-27a-507, the county may require as part of the development approval that the proportional share of the public infrastructure running through the development site be constructed and provided by the developer as a condition of approval. The proportional share shall be dedicated to the county or memorialized by a recorded public easement under terms acceptable to the county. Public infrastructure design and construction shall be consistent with design guidelines established by county and for the community wide active transportation system development standards.

   Developments shall connect an internal trail system to community wide trail systems where possible. The space dedicated in trails may be included in the calculation of the open space, as otherwise provided in this title.

(Ord. 2023-1245-O, 12-19-2023; amd. Ord. 2024-1270, 9-17-2024)

The following terms are defined as follows. Terms used in the present tense include the future tense. Terms defined in the singular number include the plural and the singular. Terms that have not been defined herein but are separately defined in the building code and/or other sections of the zoning code shall be construed as defined therein: