Parowan

Chapter 1 -- STREET NAMES

Section 19-1-1. Main Street Section 19-1-2. North and South Streets Section 19-1-3. Center Street Section 19-1-4. East and West Streets Section 19-1-5. Other Street Names

19-1-1. Main Street. The street running north and south on the east side of Block 12, Plat A, Parowan City Survey, is hereby named and designated as Main Street and shall be the starting point for numbering addresses and streets to the east and west thereof.

19-1-2. North and South Streets. The streets running north and south generally parallel to Main Street shall be named and designated as First East Street, Second East Street, First West Street, Second West Street, etc., depending on the number of blocks they are east or west of Main Street.

19-1-3. Center Street. The street on the north side of Block 12, Plat A, Parowan City Survey, is hereby named and designated as Center Street and shall be the starting point for numbering addresses and streets to the north and south thereof.

19-1-4. East and West Streets. The streets running east and west and generally parallel to Center Street shall be named and designated as First North Street, Second North Street, First South Street, Second South Street, etc., depending on the number of blocks they are north or south of Center Street.

19-1-5. Other Street Names. Other streets in the City shall have the names which are designated for them on the official street map which is provided for in chapter 2 of this title and shall not be known by other names. In naming streets, no street shall have the same name as any other street even through it may be called avenue, alley, way, circle, or some similar name. As it becomes necessary to name new streets under development, the following procedure shall be followed: a) If the street is to be part of a subdivision, a plat showing the location of the street shall be submitted as part of the subdivision application, along with proposed names. b) The Planning Commission shall choose a name which best suits the street and which is not in conflict with other street names or any portion of this Ordinance and shall propose that as the street name to the City Council. c) The City Council shall approve the street name as part of the process of final approval of the subdivision plat. d) In the event that the street is not part of a subdivision, the City Council shall assign a name to the street at their discretion but may solicit suggestions for street names from interested parties and decide on a street name from those suggestions.

Chapter 2 -- OFFICIAL STREET MAP

Section 19-2-1. Recorder to Compile and Maintain Map Section 19-2-2. Contents of Map

19-2-1. Recorder to Compile and Maintain Map. As soon as possible following the effective date of this section, the City Recorder shall compile and submit to the City Council a map of the City showing all public streets and ways within the boundaries thereof. Upon approval of said map by the City Council, it shall constitute the official street map of the City and shall be determinative of the location of all streets within the City. The official map shall be kept on file and updated as necessary by the City Recorder and shall be open to public inspection, use, and copying.

19-2-2. Contents of Map. The official street map shall be in sufficient detail to accurately depict the location, width, and intersection of all public streets and ways in the City. It shall include the names of all streets, the width thereof, the date of acceptance of any street or way by the City which is accepted or dedicated after the effective date of this chapter, the area of all streets which are abandoned or vacated and the date of the abandonment or vacation thereof, and such other information as the City Recorder shall deem necessary and proper to give complete information to those using the map. Should the City Recorder determine, the map may be on more than one sheet and may consist of aerial photographs on which proper markings have been made.

Chapter 3 -- DEDICATION AND ABANDONMENT

Section 19-3-1. Dedication and Acceptance Section 19-3-2. Vacation and Abandonment by Ordinance Section 19-3-3. Dedicated or Reserved Streets not Subject to Adverse Possession

19-3-1. Dedication and Acceptance. New public streets and ways will become public streets and open to use by the public upon their dedication to such use by the owner or owners thereof and acceptance of the same by the City Council. Streets and ways will be accepted by the City only when they meet the criteria for width, location, and alignment which is required by Titles 20 and 24.

19-3-2. Vacation and Abandonment by Ordinance. Public streets and ways within the City may be vacated or abandoned only by Ordinance. Such an Ordinance shall be adopted only in strict compliance with the following procedure: a) A petition must be filed with the City Recorder by all owners of real property adjoining the portion of the street which is proposed to be vacated or partially vacated which states the reason for the proposed vacation. b) The City Recorder shall set the matter for public hearing before the Council and shall publish or post notice of the hearing in the same manner as is required by State Law for publishing or posting City Ordinances at least 15 days prior to the hearing. c) Following such a hearing, at which all interested parties must be heard, the City Council, if it determines that neither the public or any person will be substantially harmed by the vacation or abandonment of all or a portion of the street, may enact an Ordinance providing for the vacation and abandonment of the same on such terms as it shall determine and shall authorize conveyance of the street abandoned or vacated to the adjoining property owners. d) This procedure for vacation or abandonment of any street or way shall be modified to such extent as may be necessary to comply with all provisions of State Law.

19-3-3. Dedicated or Reserved Streets not Subject to Adverse Possession. No public street or way which has at any time been dedicated or reserved for public use shall be subject to adverse possession nor shall any person by the use thereof acquire any special right thereto other than the same right which is enjoyed by the public at large, even though the street, way or any portion thereof may not be open or used by the City or public.

Chapter 4 -- OBSTRUCTION OF STREETS

Section 19-4-1. Structures on Streets and Sidewalks. Section 19-4-2. Permit to Improve or Alter Street Section 19-4-3. Permit for Excavation in Street Section 19-4-4. Driving on Sidewalks Section 19-4-5. Penalty

19-4-1. Structures on Streets and Sidewalks. It shall be unlawful for any person to erect any structure or sign, used for private purpose, upon or above any street or sidewalk in the City or for any person having control of such a structure or sign to allow the same to remain, without having first obtained a permit to do so from the City Council, and then only in strict compliance with the conditions and terms of the permission so given. The City Council may grant or deny such permission or impose additional conditions from time to time when it deems it to be in the best interest of the City in regulating the use of the public streets and sidewalks. Application for such a permit must be in writing and must be accompanied by plans and specifications of the same, and shall state the name and address of the applicant, the place proposed to erect the structure, the length of time it is proposed to maintain the same and such other information as the City Council may require. All such structures must be of a temporary nature and then will only be allowed on good cause shown to the City Council. The City Council may at any time revoke permission which has been granted under this section whenever it shall deem that action to be in the best interest of the City.

19-4-2. Permit to Improve or Alter Street. No person or organization of any kind shall begin to construct, reconstruct, repair, alter, or grade any sidewalk, curb, curb cut, driveway, gutter, irrigation ditch, or street on the public streets of the City without first having obtained a permit to do so from the City Manager. Applications for such permits shall include: a) name and address of the owner, or agent in charge of the property abutting the proposed work area; b) the name and address of the party doing the work; c) location of the work area; d) attached plans showing details of the proposed alteration; e) estimated cost of the alteration; and f) such other information as the City Manager shall find reasonably necessary to determine whether a permit should be issued under this section. Such a permit will be issued if the City Manager determines that the work will be done according to standard specifications of the City for public work of like character and that the operation will not unreasonably interfere with vehicular and pedestrian traffic, the demand for parking spaces, and the means of ingress and egress from adjoining property.

19-4-3. Permit for Excavation in Street. No person or organization of any type shall excavate in or upon any public street or sidewalk without the permit required 19-4-2. It shall be unlawful for any person or organization having made such an excavation, whether under a permit or otherwise, to fail, neglect, or refuse for a period of 48 hours after notice to restore and replace the street to its normal condition. The replacement and restoration of any street or sidewalk must be made to City specifications.

19-4-4. Driving on Sidewalks. It shall be unlawful for any person to drive an automobile or ride or drive any animal upon or along any sidewalk in the City or to graze animals upon the sidewalk or obstruct the sidewalk.

19-4-5. Penalty. Unless otherwise designated, any person violating any provision of this Chapter either by failing to do the acts required herein or doing any act prohibited herein shall be guilty of a Class B Misdemeanor and, upon conviction thereof, shall be subject to punishment by a fine not to exceed $1,500, by imprisonment for a term not to exceed six (6) months, or by both such fine and imprisonment.

Chapter 5 --ORDINANCE OF 2005 ESTABLISHING 100 WEST STREET

Section 19-5-1. Title and Preamble Section 19-5-2. Definitions Section 19-5-3. Necessary Approval Section 19-5-4. Mutual Interests Section 19-5-5. Preservation of the Street Section 19-5-6. Present Conditions Section 19-5-7. Consideration or Quid Pro Quo; City Reciprocity Section 19-5-8. Public Offenses and Criminal Liability Section 19-5-9. Permitted Development Section 19-5-10. Perpetuity Section 19-5-11. Location Map Section 19-5-12. Conditions Precedent to Development Section 19-5-13. Effective Date 19-5-1. Title and Preamble. The Title, the Preamble, and the name of this Ordinance are referred to as the "Parowan Ordinance of 2005 Establishing 100 West Street."

19-5-2. Definitions. The following terms shall have the meaning ascribed thereto in the following table and will be applicable to this Ordinance and all other ordinances, resolutions, orders, or acts of the official governing body of the City including but not limited to its zoning and land use legislation and enactments unless the context otherwise clearly appears and this Ordinance shall be liberally interpreted to effect its expressed purposes inherent to this Ordinance.

"City" shall mean the municipal corporation of the City of Parowan, Iron County, Utah.

"Dedication" or "Platted" shall mean the commitment of the area described in this Ordinance which is dedicated as and to be a public thoroughfare according to the usual and customary width and treatment and respect established by custom and usage.

"Dedicated Street" shall mean 100 West Street in Parowan, Utah. "I-15, Parowan City Exit SR274" has a non-access line associated with the I-15 freeway in which the encroachment of a street is requested for the proposed 850 North Street which will tie into 100 West. A new access to a highway of this type requires approval from the Federal Highway Administration as well as approval from UDOT.

"Governing Body" shall mean the Mayor and City Council of the City.

"Highway" shall mean all that part of the Main Street in Parowan City which is under UDOT jurisdiction and control.

"Proscribed Area" shall mean an area described in this Ordinance where any non-legal activity not permitted by express consent of the City is proscribed and within which any unauthorized use of this area is proscribed or expressly not permitted.

"Proscription" shall mean that the proscribed area may not be invaded by any development except such as is first approved by the City; and where applicable and appropriate, UDOT, and then improved with amenities of a platted street.

"Roadway Plan" shall mean the plan dated April 7, 2005 prepared by Bulloch Brothers Engineering, Inc; three copies of which are available at the Office of the Parowan City Recorder and may be inspected by an identifiably interested person during regular business hours on regular business days.

"UDOT" shall mean the Utah State Department of Transportation.

"Zoning Ordinance" shall mean, not only the 1980 Land Use Management and Development Code as well as all zoning ordinances adopted by the City under Title 10, Chapter 9, Utah Code Annotated 1953, as amended, but also shall mean and include all auxiliary plans or legislation or regulations for the use of land within the City or those environs of the City which are within its jurisdiction and without limiting the foregoing shall include the Roadway Plan of the City.

The totality of the area within the borders of the foregoing bounds shall be known as the "Proscribed Area."

19-5-3. Necessary Approval. The approval of the new access depends upon a change of access in the manner in which it affects the transportation system in the area over what, in technical parlance or custom and usage, may be called the "Long Term."

19-5-4. Mutual Interests. The State's interest is in seeing that the City develop a master street plan to state and to be understood as the relationship of 100 West to the overall transportation system in the City; the "Roadway Plan" developed by the City shall identify 100 West as a collector street. This plan demonstrates that the street is necessary, and is located in the proper location.

19-5-5. Preservation of the Street. The State's interest is to be documentation that the City is committed to preserving the 100 West transportation corridor within the Proscribed Area and beyond, and assurance that development in the area will be done in a manner that is consistent with the Roadway Plan. It is in the City's interest to see that the Ordinance be binding and that land use in the area is required to be in alignment with the transportation plan. It should be recorded or adequately placed on record for and to bind and to affect all property owners abutting or having or in the future to have any influence affected by the Utah State Transportation Plan.

19-5-6. Present Conditions. Since the Southwest side of the highway will apparently be developed first, an easement shall be put in place to designate a portion of the corridor as a City street. The easement further shall demonstrate the need to create the access now as opposed to only the anticipation that the access will be needed at some time in the future.

19-5-7. Consideration or Quid Pro Quo; City Reciprocity. The Governing Body of the City acknowledges that it has received full and adequate consideration for this designation by improvements for the benefit of the City by UDOT; and the ultimate dedications or platting to be done within a reasonable time from date of this Ordinance such platting to be limited, subject to the Proscription for any other than State-City approved activity within the Proscribed Area of 100 West, or any invasion within or impingement upon the area to be affected or designated and treated as development abutting owners of the adjacent property or users of the "100 West Proscribed Area" which shall in any way be non-conforming (to this Ordinance) other than "Collector Road" and development by the ownership or permitted possession of the adjacent or abutting property or any installation of non-conforming occupancy, use, development, or the development of any of the area abutting the street and roadway hereby platted other than that specifically approved after an appropriate permit (construction, building, or any other activity which would change the character of the area dedicated and platted in this Ordinance contrary to zoning ordinances, resolutions, orders or action of the Governing Body of the City), the same is hereby proscribed and prohibited.

19-5-8. Public Offenses and Criminal Liability. Any violation of this Ordinance shall be and is hereby proscribed and shall be a public offense punishable as a Class B Misdemeanor. Any proscribed improvements, including but not limited to, structures and appurtenances as on-site or off-site may be removed by order of the Governing Body at the expense and cost of the violator or developer or such improvements, whether by the owner or non-owner.

19-5-9. Permitted Development. There shall be no development abutting, encroaching or impinging upon or within the 100 West Street Area hereby dedicated and as the same is or may be dedicated and platted in the future except activities which are specifically (and in) authorized permits issued by legally empowered or expressly authorized officers (or statutory commissions or boards) of the Governing Body of the City of the Governing Body itself.

19-5-10. Perpetuity. Due to the accommodation and recognition at the present date and in the previous years as well as prospective years, the action of the Governing Body reciprocative of improvements made at the cost and force account of and by UDOT, this Ordinance and this Dedication shall be perpetual and not susceptible of amendment of repeal. The enactment of this Ordinance shall be deemed perpetual and not subject to revision or modification except by an order of a court of competent jurisdiction and this Ordinance shall be perpetual and not susceptible of amendment or repeal. The enactment of this Ordinance shall be perpetual in the sense that vested interests have been established or have merged or been emerged which have been received as a benefit to Parowan City for which there is a continuous obligation not terminable or repeal able, modified, or revised by any subsequent City Council or Governing Body of Parowan City except such as may be approved by UDOT.

19-5-11. Location Map. Attached as an Exhibit and incorporated by reference herein is a surveyor's plat map showing the "Dedicated Street" defined in Section 2 "Definitions." That map and plat is fully incorporated in and made a part of this Ordinance the same as though fully included, absorbed, or legally incorporated herein.

19-5-12. Conditions Precedent to Development. As a condition precedent to any development along, adjacent to or abutting upon the streets, areas, thoroughfares and ways affected by this Ordinance (the Designated Area) must be an approval of, after application to the Planning and Zoning Board of the City, and in compliance with UDOT standards and pursued or put into place or by action of a third party shall be subject to all other procedures for approval of development, including but not limited to, improvements of any kind either abutting or adjacent to the platted areas.

19-5-13. Effective Date. This Ordinance shall become effective immediately upon passage and posting.

Chapter 6 FEES

Section 19-6-1. Street Impact Fees

19-6-1. Street Impact Fees. The City Council may require an applicant to pay an impact fee for requested services from the City for use of its street systems. The imposition of impact fees shall be based upon the current schedule of impact fees for the street system which specifies the amount of impact to be imposed for each type of use and impact upon the street system servicing residents of Parowan City. This impact fee shall be assessed against all development activity.

The impact fee for the street system shall be established and adjusted, by resolution, as necessary to ensure that the impact fees are being reasonably imposed for the service being provided based upon and reasonably related to the development activity.

All funds collected as street impact fees shall be placed in a separate fund to be known as the Parowan City Street Capital Improvement Fund for use in the future development of the street system for Parowan City, Utah.