405 South Main, Milford, UT 84751 (435) 387-2711

Zoning

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Contact Info:

405 South Main Street

P.O. Box 69

Milford, Utah  84751

Telephone Number

Office:  435 387-2711

Fax: 435 387-2748

Zoning

TITLE 13
ZONING
CHAPTERs:
13.01 General
13.02 Scope, Interpretation, Application
13.03 Applicability of Regulations
13.04 Relationship of Zoning to Other Laws and Regulations
13.05 Planning and Zoning Commission
13.06 Board of Adjustment
13.07 Supplemental and Qualifying Regulations
13.08 Establishment of Districts
13.09 Agricultural (A20) District
13.10 Residential Designations
13.11 Rural Residential - 5 District (RR-5)
13.12 Rural Residential - 1 District (RR-1)
13.13 Residential Medium District Special (RM6S)
13.14 Residential Medium District (RM)
13.15 Multiple Residential Districts (MR)
13.16 Designation of Commercial Districts
13.17 Main Street Commercial Districts (MSC)
13.18 Highway Commercial District (HC)
13.19 Designation of Industrial and Manufacturing Districts
13.20 Industrial Park District (IP)
13.21 Manufacturing District (M)
13.22 Open Space District (OS)
13.23 Special Uses
13.24 Public Uses
13.25 Temporary Uses
13.26 Home Occupations
13.27 In-Home Day Care
13.28 Recreational Vehicle Parks
13.29 Manufactured Homes
13.30 Provisions for the Keeping of Animals
13.31 Fencing and Walls
13.32 Vehicular Parking, Loading and Maneuvering Areas
13.33 Landscaping
13.34 Yards and Setbacks
13.35 Design Review and Site Plan Review
13.36 Conditional Uses
13.37 Legal Nonconforming Structures and Uses
13.38 Annexation Procedures
13.39 Zoning Map
13.40 Zoning Ordinance Amendments
13.41 Planned Unit Development
13.42 Combining Overlay Districts
13.43 Enforcement and Penalties
13.44 Signs
13.45 Commercial Wind Energy Systems defined as > 100 kW
13.46 Residential Wind Energy Systems

CHAPTER 13.01
General
SECTIONs:
13.01.010 General
13.01.020 Relation to the General Plan
13.01.030 Intent and Purposes
13.01.040 Definitions
SECTION 13.01.010 General
This title shall be known as the Zoning Ordinance of the Milford City.

SECTION 13.01.020 Relation to the General Plan
1. The City Council has instituted a comprehensive planning program in order to ensure that the anticipated growth within the city is organized, planned, and coordinated in a manner that will not place undue burdens on the city in its ability to provide urban services and facilities. This planning program has culminated in the preparation and adoption of a comprehensive general plan.
2. The mission statement of the general plan is as follows: The Milford City General Plan represents an effort by those who live, work, invest, and recreate in Milford City and the surrounding environs to plan for their future. This effort was undertaken in order to plan for a diversified city that offers residential opportunities to all ages and income levels; encourages the development of the city's employment base to provide a range of employment opportunities; supports a broad commercial base that is diversified in type and location; protects the health, safety and welfare of all persons in the community; offers the residents of Milford City a choice of recreational opportunities that are close to home; plans for the infrastructure needed to support the community today and tomorrow; and gives the city a set of flexible land use designations that provide both structured guidance as well as opportunities for innovation.
3. The implementation element of the general plan recommends the orderly development of the city and the elimination of the potential for haphazard land development through a variety of implementation measures. Among the methods noted is a regulatory zoning ordinance to govern the uses of land and the density and intensity of development.

SECTION 13.01.030 Intent and Purposes
The zoning regulations of the city are adopted to protect, promote and enhance the public health, safety and general welfare, ensuring that development within the city is related to the city's ability to provide essential urban services and is consistent with the Milford City general plan. More specifically, these regulations are adopted to achieve the following objectives:
1. Relate proposals for development to the provisions and recommendations in the city's general plan and insure the consistency of development with the general plan;
2. Foster a harmonious, convenient, workable relationship among land uses:
3. Ensure that public and private lands ultimately are used for the purposes which are most appropriate and most beneficial to the city as a whole;
4. Prevent the creation of population densities that will adversely affect the city's ability to provide community facilities, utilities, and service;
5. Ensure adequate consideration for urban design in the development process so that new development enhances the city as it matures;
6. Foster the provision of adequate off-street parking and off-street truck loading facilities;
7. Promote consideration of natural environmental features in the development and use of land within the city;
8. Develop land-use regulations that will encourage in fill development in existing sections of the city and provide for innovative development in undeveloped areas.

SECTION 13.01.040 Definitions
For the purpose of this title, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Abut. Two adjoining parcels of property with a common property line, including two or more lots adjoining only at a corner, except where such common property line is located in a public street right-of-way.

Access or Accessway. The place, means or way by which pedestrians and vehicles shall have safe, adequate, and usable ingress and egress to a property or use as required by this title.

Accessory Building. A subordinate building located on a building site, the use of which is customarily related to a main building or to the use of the land.

Addition. An extension or increase in floor area or height of a building or structure.

Air Contaminant. Particulate matter, dust, fumes, gas, mist, smoke, vapor, or any combination thereof having or tending to have a deleterious effect on human beings, vegetation, animals or property.

Alley. An access roadway or drive that provides service access to the rear or sides of a parcel.

Alteration. Any work on a structure that does not result in any addition to the structure.

Ambient Noise Level. General noise level one finds in a certain area at a given time.

Amendment. A change in the wording, context, or substance of this title, or an addition or deletion or a change in the zone boundaries or classifications upon the zoning map, which imposes any regulation not theretofore imposed, or removes or modifies any such regulation theretofore imposed.

Amusement Arcade. Any business having five or more mechanical or electronic games as defined in this section.

Animal Clinic. A place where animals no larger than the largest breed of dogs are given medical or surgical treatment; a facility primarily for treatment of out-patients and where only a short time, critical patients are kept longer than 24 hours. Boarding of animals shall be incidental to such clinic use.

Animal, Domestic. Any domesticated animal or household pet commonly maintained in a dwelling unit with humans, which is not normally sold for commercial purposes.

Animal, Exotic. Any animal or household pet not commonly maintained in a dwelling unit with humans, nor commonly maintained on a farm. Wild Animal means the same as Exotic Animal.

Animal, Farm. Any animal commonly maintained or used on a farm or for farming purposes other than domestic animals.

Animal Hospital. A place where animals are given medical care and the boarding of animals is limited to a short-term care incidental to the hospital use.

Antennae. Devices, external to any structure, used for the purposes of sending or receiving electronically transmitted messages.

Antique Shop. A establishment dealing in the buying and selling of items belonging to or typical of earlier times which are valued for their age.

Apartment. A habitable room or suite of two or more habitable rooms with a single kitchen, in a multiple unit dwelling, occupied or suitable for occupance as a residence for one family and shall be considered a dwelling unit.

Apartment Hotel. A multiple-family dwelling with six or more guest rooms which furnishes services for the use of its tenants which are ordinarily furnished by hotels.

Apartment House. Any building or portion thereof which is designed, built, rented, let or hired out to be occupied, or which is occupied as the home or residence of three or more families living independently of each other and doing their cooking in the building.

Architectural Projections. Projections from a building which are necessary for the shading of a building or features such as sills, cornices and chimneys. Such projections may extend into required yards only as allowed by the provisions of this title.

Automotive Repair Specialty Shops. A retail and service place of business engaged primarily in light repair, and sale of goods and service for automotive vehicles. Extensive automotive repair, including but not limited to transmission, body and engine repair, is not included in this definition.

Automotive Service Station. A retail place of business engaged primarily in the sale of motor fuels and supplying only those incidental goods and services which are required in the day-to-day operation of automotive vehicles and the fulfilling of motorist needs.

Automotive, Trailer, and Mobile Home Sales Lot. An open area used for the display, sales or rental of new or used automobiles or trailer coaches or mobile homes, but where no major repair or repainting or remodeling is done.

Automotive Wrecking Business. The dismantling or wrecking of used motor vehicles or trailers, or the storage and sale of dismantled or damaged vehicles or their parts, but not including the incidental storage of damaged vehicles in connection with the operation of a repair garage.

Bachelor or Studio Unit. A dwelling unit consisting of a combined room for living and sleeping and a separate room for cooking.

Balcony. An unroofed or roofed platform enclosed by a railing or parapet projecting from the wall of a building for the private use of occupant or for exterior access to the above-grade living units. When a balcony is roofed and enclosed with operating windows or doors, it is considered part of the room it serves.
Bar. Premises used primarily for the sale or dispensing of liquor by the drink for onsite consumption and where food may be available for consumption on the premises as accessory to the principal use

Basement. The portion of building between floor and ceiling which is partly or wholly underground. A basement shall be counted as a story for purposes of height measurement where more than one-half of its height is above the average level of the adjoining ground.

Billiard Parlor. An establishment that has three or more billiards or pool tables.

Boardinghouse or Rooming house. A dwelling unit where lodging is provided, with or without meals, for compensation, for five or more persons.

Building. A structure having a roof supported by columns or walls.

Building Height. Vertical distance from the average elevation of the finished grade to the highest point on the structure directly above; provided, that a roof shall be measured to the highest point of the roof.

Building Line. A line in the interior of a lot parallel to a property line and located at a distance equal to setback distance.

Building, Main. A building or buildings within which is conducted the principal use permitted on the lot, as provided by this title.

Building Site. A legally created parcel or contiguous parcels of land in single ownership, which provides the area and open spaces required by this title, exclusive of all vehicular and pedestrian rights-of-way and all other easements that prohibit the surface use of the property by the owner thereof.

Building Site Coverage. The percentage of the building site covered by structures, open or enclosed excluding courts, patios, terraces, swimming pools, and post-supported roofs over walkways.

Building Site, Through. Editor's note: This material is missing from the Zoning Ordinance.
Business. Management, operation, sale, purchase or other transaction involving the handling or disposition of commodities or services.

Carport. A roofed structure, or a portion of a building, primarily for the parking of automobiles belonging to the occupants of the property.

Certificate of Occupancy. A required document issued by the Building Official prior to the occupation or use of land or prior to occupation or use of buildings erected or structurally altered.

Clinic, Medical. An organization of doctors providing physical or mental health service and medical or surgical care of the sick or injured but does not include in-patient or overnight accommodations.

Club. An association of persons for some common purpose but not including groups organized primarily to render a service which is customarily carried on as a business.

Cluster Development. An Arrangement of dwelling units, attached or detached which provides a number of dwelling units sufficient to meet density requirements, constructed on smaller lots in return for the restriction or dedication of the remaining acreage as permanent open space.

Commercial. Operated or carried on primarily for financial gain.

Commercial Complex. Two or more businesses shown on a common development plan, plot plan, or precise plan functioning as a unit, with common off-street parking provided on the property as an integral part of the unit.

Commercial Recreation. Any use of development either public or private, providing amusement, pleasure, or sport, which is operated or carried on primarily for financial gain.

Commission or Planning and Zoning Commission. The Milford City Planning and Zoning Commission.

Community Collector. A medium-speed highway abutting similar land uses. The primary function is to collect and distribute trips within a hierarchy of roads and, secondarily, to carry short trips between adjacent neighborhoods. A community collector has a significant amount of parallel and perpendicular pedestrian traffic.

Community Facility. A noncommercial use established primarily for the benefit and service of the population of the community in which it is located.

Conditional Use. A use which requires a special degree of control because of characteristics peculiar to it, or because of size, technological processes, type of equipment, or because of the exact location with reference to surroundings, streets, existing improvements or demands upon public facilities.

Condominium. A state of realty consisting of separate interests in residential buildings together with undivided interests common in other portions of same property unit as a separate interest, and common areas are entire condominium except units granted; thus, owners of condominiums are grantees of units. Each grantee owns a separate interest in his unit and an interest as granted in common, in common area.

Convalescent Home, Nursing Home, Rest Home and Home for the Aged. Each mean a facility licensed by the State Department of Public Health, the State Department of Social Welfare, or the county, which provides bed and ambulatory care for patients with post-operative convalescent, chronically ill or dietary problems, and persons unable to care for themselves; but not including alcoholics, drug addicts, or persons with mental or contagious diseases or afflictions.

Conventional Development. A development, other than a condominium, apartment, or cluster development, with each dwelling unit situated on a residential lot of record and no lot containing more than one dwelling unit.

Corral. A pen or enclosure for confining horses or other large animals.

Country Club. A club organized and operated primarily for social and outdoor recreation purposes, including incidental accessory uses and structures.

Court. An unoccupied space, other than a yard, on the same lot with a building or a group of buildings.

Day Nursery (Including Preschool and Nursery Schools). Any group of buildings, building or portion thereof, used primarily for the daytime care of six or more children at any location other than their normal place of residence.

Density, Gross. The total number of dwelling units permitted on an acre of land exclusive of all existing public arterial streets and rights-of-way, but including all streets or right-of-way to be developed.

Density, Net. The same as density except proposed streets and rights-of-way shall be excluded.

Driveway. A vehicular passageway for the exclusive use of the occupants of a property and their guests. A driveway shall not be considered as a street.

Duplex. An attached permanent building containing two dwelling units.

Dwelling. Any building or portion thereof designed or used primarily as a residence or sleeping place of one or more family members, but not including a tent, travel trailer, hotel, motel, hospital, or nursing home.

Dwelling Group. One or more buildings, not more than two stories in height, containing dwelling units and arranged around two or three sides of a court which opens onto a street, including single-family, duplex, and multiple-family dwellings.

Dwelling, Guest. Living quarters within an accessory building which occupies not more than one-tenth of the area of the lot on which it is situated, for use exclusively by temporary, nonpaying guests of the resident family, such quarters having no kitchen.

Dwelling, Multiple-Family. A building arranged or designed to be occupied by more than two (2) families.

Dwelling, Single-Family. A building arranged or designed to be occupied by one (1) family, the structure having only one (1) dwelling unit.

Dwelling, Two-Family. A building arranged or designed to be occupied by two (2) families, the structure having only two (2) dwelling units.

Dwelling Unit. One (1) or more rooms in a dwelling, apartment hotel or apartment motel, designed for or occupied by one (1) family for living or sleeping purposes and having kitchen and bathroom facilities for the use of not more than one (1) family.

Easement. A recorded right or interest in the land of another, which entitles the holder thereof to some use, privilege or benefit out of or over the land.

Educational Institution. Private or public schools, colleges or universities qualified by the State Board of Education to give general academic instruction.

Family. An individual, or two (2) or more persons related by blood, marriage or adoption, or a group of not more than four (4) persons (excluding servants) who are not related, living in a dwelling unit as a single housekeeping unit and using common cooking facilities.

Fence. A free standing structure of metal, masonry, composition or wood or any combination thereof resting on or partially buried in the ground, and used for confinement, privacy, protection, screening or partition purposes.

Floor Area, Gross. The total horizontal area, in square feet, including the exterior walls of all floors of a structure.

Floor Area Ratio. The numerical value obtained by dividing the gross area of a building or buildings located upon a lot or parcel of land by the total area of such lot or parcel of land.

Fortunetelling. Telling of fortunes, forecasting of future events or furnishing of any information not otherwise obtainable by the ordinary process of knowledge, by means of any occult or psychic power, faculty or force, including but not limited to clairvoyance, aliraudience, cartomancy, phrenology, spirits, tea leaves, or other such reading, mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mind-reading, telepathy, or other craft, art, science, cards, talisman, charm, potion, magnetism, magnetized article or substance, crystal gazing, oriental mysteries, or magic of any kind or nature or similar means of act.

Freeway. A high-speed divided arterial highway for through traffic with full control access and grade separations at major intersections. A freeway has emergency parking only and no parallel or perpendicular pedestrian movements.

Garage, Private. A building. or a portion of a building, enclosed and used primarily for the parking of automobiles belonging to the occupants of the property.

Garage, Public. A building, or a portion of a building, enclosed and used primarily for the parking of automobiles belonging to the general public.

General Plan and The Milford City General Plan. The general plan of the city.

Grade, Ground Elevation. The average elevation of the finished ground surface surrounding a building.

Grazing. The act of pasturing livestock on growing grass or other growing herbage, or on dead grass or other dead herbage existing in the place where grown, as the principal sustenance of the livestock so grazed.

Gross Area. The horizontal area within the lot lines of a lot or parcel of land before public streets, dedicated or reserved for public use are deducted from such lot or parcel.

Guest House. Living quarters within an accessory building located on the same premises with the main building for use by temporary guest of the occupants of the premises, having no kitchen and not rented or otherwise used as a separate dwelling.

Habitable Room. Any room for sleeping or living purposes excluding such enclosed places as closets, bath or toilet rooms, connecting corridors, unfinished attics, foyers, storage spaces, utility rooms, spaces used exclusively for cooking or eating, and similar spaces.

Home Occupation. An occupation conducted as an accessory use within a dwelling unit.

Hospital. A facility licensed by the state Department of Public Health providing clinical, temporary emergency service of medical, obstetrical or surgical nature to human patients.

Hotel. Any building or portion thereof with access provided through a common entrance, lobby or hallway to six or more guest rooms, and which rooms are designed, intended to be used or are used, rented or hired out as temporary or overnight accommodations for guests.

Improvements. Any man made artifacts which add to the value or enhance the value of land, e.g. streets, utilities, buildings.

Industry. The manufacture, fabrication, processing, reduction or destruction of any article, substance or commodity, or any other treatment thereof in such a manner as to change the form, character, or appearance thereof, and includes storage elevators, truck storage yards, warehouses, wholesale storage and other similar types of enterprise.

Institution. A social, educational, governmental, health, or religious organization.

Intensity. The magnitude of activity affecting the development of densities, traffic flow, commercialism, tourism and land use.

Junk. Any worn out, castoff, or discarded article or material.

Junk and Salvage Yard. Any property used for the breaking up, dismantling, sorting, storage, distribution, or sale of any scrap, waste material or junk.

Kennel. Any lot where four or more dogs, or cats, over the age of four months, are kept or maintained.

Kennel, Commercial. Any kennel or property maintained for the purpose of boarding, breeding, raising or training dogs or cats for a fee or for sale.

Kitchen. Any room in a building or dwelling unit which is used for cooking and preparation of food.

Landscaping. The planting of suitable plant materials or a combination of plant materials with minimum areas of paving, gravel, or otherwise dust free materials including an adequate irrigation system.

Laundromat. A business premises equipped with individual clothes washing and drying machines whether coin-operated or attendant operated for the use of retail customers, exclusive of laundry facilities provided an accessory use in an apartment house, hotel or motel.

Laundry, Commercial. A building where clothing and fabrics are washed, other than a laundromat and is defined in this title as an industrial use.

Line of Sight. A visual path emanating from average eye level judged to be five feet above the ground.

Loading Space. An off-street space or berth on the same lot with a main building, or contiguous to a group of buildings, for the temporary parking of one or more commercial vehicles, while loading or unloading, and which has access from a street, alley, or other permanent means of ingress or egress.

Local Street. A low speed, low-volume highway primarily for access to residential, business, and other abutting property.

Lot. Any numbered or lettered parcel shown on a recorded tract map, a record of survey recorded pursuant to an approved division of land or a recorded parcel map.

Lot, Corner. A lot located at the intersection or interception of two or more streets at an angle of not more than 135 degrees, which lot shall be considered a corner lot. If greater than 135 degrees, the lot shall be considered an exterior lot.

Lot Depth. The average horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines.

Lot, Flag. A lot so shaped and designed that the main building site area is set back from the street on which it fronts and includes an access strip not less than 20 feet in width at any point connecting the main building site area to the frontage street.

Lot, Interior. A lot other than an exterior, corner or reverse corner lot.

Lot, Key. The first lot to the rear of a reverse corner lot and not separated by an alley.

Lot Line. Any line bounding a lot as defined in this section under Lot. Property Line. means the same as Lot Line.

Lot Line, Front. On an interior lot, the front lot line is the property line abutting the street. On a corner or reverse corner lot, the front lot line is the shorter property line abutting a street, except in those cases where the subdivision or parcel map specified another line as the front lot line. On a through lot or a lot with three or more sides abutting a street or a corner or reverse corner lot with lot lines of equal length, the front of the building shall determine which property line shall be the front lot line for the purposes of compliance with yard and setback provisions of this title. On a private street or easement, the front lot line shall be designed as the edge of the easement.

Lot Line, Interior. A lot line not abutting a street.

Lot Line, Rear. A lot line not abutting a street which is opposite and most distant from the front lot line; in the case of an irregularly shaped lot, a line within the lot, having a length of not less than ten feet. A lot which is bounded on all sides by streets may have no rear lot lines.

Lot Line, Side. Any lot line not a front lot line or rear lot line.

Lot, Reverse Corner. A corner lot, the side line of which is substantially a continuation of the front lot lines of the lot to its rear, whether across an alley or not.

Lot, Through. A lot having frontage on two dedicated parallel or approximately parallel streets

Lot Width. The horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.

Marquee. A roofed structure or awning or canopy attached to and supported by the building and extended over a building line and into public property.

Manufactured Home. A transportable factory built housing unit, complying with the Utah Uniform Building Standards Act, 58-56-3-9.
A unit constructed on or after June 15, 1976 according to the Federal Home Construction and Safety Standards Act of 1974 (HUD Code), in one or more sections, which in the traveling mode, is eight (8) body feet or more in width and forty (40) body feet or more in length, or when erected on its site is four hundred (400) or more square feet and which is built on a permanent chassis and is designed to be used as a dwelling, with or without a permanent foundation when connected to the required utilities, including plumbing, heating/cooling and electrical systems. All manufactured homes constructed on or after June 15, 1976, shall be identifiable by the manufacturers data plate bearing the date the unit was manufactured and a HUD label attached to the exterior of the home, certifying that the home was manufactured to HUD standards.
Does not include a recreational vehicle or commercial coach.

Manufactured Home Park. Any area or tract of land a minimum of ten (10) acres, where five (5) or more Manufactured Home lots are sold, rented or leased or held out for rent or lease to accommodate manufactured homes for human habitation, including manufactured home accommodation structure. The rental paid for such manufactured home is deemed to include rental for the lot it occupies.

Marquee. A roofed structure or awning or canopy attached to and supported by the building and extended over a building line and into public property.

Master Plan of Drainage. An engineering report outlining the drainage facilities needed for the proper development of a specific land increment of the city, and duly adopted by the City Council.

Mechanical or Electronic Game. Any machine, apparatus, contrivance, appliance, or device which may be operated or played upon the placing or depositing therein of any coin, check, slug, ball, or any other article or device, or by paying therefore either in advance of or after use, involving in its use either tokens or change, including, but not limited to tape machine, card machine, pinball machine, bowling game machine, shuffle board machine, marble game machine, horse racing machine, bowling game machine, baseball game machine, football game machine, electronic video game, or any other similar machine or device.

Ministorage or Miniwarehousing. A building or complex of buildings containing separate, enclosed units or cubicles, or other spaces which are available for rent, lease or sale to individuals for storage of goods, personal belongings and other miscellaneous articles of value.

Model Home. A dwelling or residential building having all of the following characteristics:
The dwelling is constructed upon a proposed lot previously designated as a model home site in a subdivision for which there is an approved tentative map and for which a final map has been recorded. The dwelling is intended to be temporarily utilized as an example of the dwellings which have been built or which are proposed to be built in the same subdivision.

Mobile Home. Mobile Home for the purpose of this ordinance shall carry the same connotation and definition as “manufactured home” and has no other meaning.

Mobile Home Park. Any area or tract of land where one or more mobile home lots are sold, rented or leased or held out for rent or lease to accommodate mobile homes used for human habitation, and includes mobile home accommodation structure. The rental paid for any such mobile home is deemed to include rental for the lot it occupies.

Model Home. A dwelling or residential building having all of the following characteristics:
1. The dwelling is constructed upon a proposed lot previously designated as a model home site in a subdivision for which there is an approved tentative map, and for which a final map has been recorded.
2. The dwelling is intended to be temporarily utilized as an example of the dwellings which have been built or which are proposed to be built in the same subdivision.

Motel. Motel shall be referred to in this title as hotel, inn, motor inn, or lodge and means a building or group of buildings containing guest rooms or dwelling units designed, intended, or used primarily for the accommodation of transient automobile travelers; including but not limited to buildin9s or buildin9 9roups designated as auto cabins, motor courts, or motor hotels.

Motor Vehicle. A self-propelled device used or intended to be used for the transportation of freight or passengers upon a street or highway, excepting a device moved by human power or a device used exclusively upon stationary rails or tracks.

Net Area. The total horizontal area within the property lines of a lot or parcel of land exclusive of all right-of-way.

Nightclub. An establishment dispensing liquor and meals and in which music, dancing, or entertainment is conducted.

Noncommercial. An enterprise or activity which is not normally conducted for profit or gain.

Nonconforming Structure. A lawfully established building or structure that does not conform to the regulations of this title or is designed for a use that does not conform to the regulations of this title for the district in which it is located, either on the date of adoption of this chapter or as the result of subsequent amendments to this chapter.

Office. A place where a particular type of business is transacted or a service is supplied. The following types of uses are typical office functions:
1. Agricultural, business, and personal credit services; security and commodity brokers, dealers,

Open Space, Developed. Open space substantially free of structures but possibly containing improvements which are part of a development plan or are appropriate for the residents of any residential development.

Open Space, Natural. Any parcel of land or water which is essentially unimproved and devoted to an open space use.
Parcel. The same as Lot, as defined in this section

Parking Area, Private. An area, other than a street, designed or used primarily for the parking of private vehicles and not open to general public use.

Parking Area, Public. An area, other than a private parking area or street, used for the parking of vehicles and available for general public use, either free or for remuneration .

Parking Area, Restricted. An area used for parking vehicles on a semi-permanent basis and not available to the general public for hourly or day-to-day parking.

Parking Stall. The space within a building or a private or public parking area, exclusive or driveways, ramps, columns, office and working areas, for the parking of one automobile.

Parkway. A relatively low speed arterial highway abutting and distributing trips to a variety of land uses. This facility primarily serves short range trips. A parkway has emergency parking only and will have considerable parallel and perpendicular pedestrian movement.

Pathway. An access way to accommodate pedestrians, bicycles, and electric carts.

Pawnbroker shop. A secondhand dealership as defined herein.

Pedestrianway. A right-of-way for pedestrians, free from vehicular traffic and including access ramps, stairs, and mechanical lifts and routes through buildings which are available for public use.

Personal Service Establishment. A place where specified services are provided to individuals for their comfort or convenience. The following types of uses are typical personal service establishment functions:

Beauty or barber shops, locksmiths, photography studios, shoe repair, dry cleaners, Laundromats, tailors, dressmaking shops, and pet grooming.

Planned Development. A development of parcels of land as a coordinated project which have been developed according to an approved development plan. Adequate control of the development is provided in order to maintain aesthetic values and to protect the investment of developers as well as the community as a whole. Planned developments may be either residential, commercial, or industrial in nature or a combination thereof.

Planned Street Line. The planned right-of-way for a major or secondary highway or traffic collector street. A yard abutting such a highway or street shall be measured from this planned right-of-way line.

Pool. Any structure for swimming, bathing or wading or as a fish pond or similar use.

Private. Belonging to, or restricted for the use or enjoyment of particular persons.

Public Safety Area. A strip of land adequate in width adjacent to and parallel with a street right-of-way.

Public Way. Any street, alley, pedestrian way, pathway, channel, viaduct, subway, bridge, easement, right-of-way or other way in which the public has a right of use.

Real Estate Tract Sales Office. A temporary use of a building for the sole purpose of selling residences within a particular subdivision or series of subdivisions.

Recreational Vehicle. A travel trailer, pickup camper, or motorized home, with or without motive power, designed for human habitation for recreational or emergency occupancy.

Restaurant, Take-Out. Any commercial establishment serving food or drinks, making provisions encouraging consumption of food or beverage at home or on other premises which do not serve people directly in automobiles.

Retail. The selling of goods, wares or merchandise directly to the ultimate consumer.

Riding and Hiking Trail. A trail or way designed for and used by equestrians, pedestrians, and cyclists using nonmotorized bicycles.

Right-Of-Way. An area or strip of land, either public or private, on which a right of passage has been recorded.

Roof Mounted Equipment. Anything other than roofing materials or skylights which is used for the operation of any building including, but not limited to heating, ventilation and air conditioning units, vents, antennae, air ducts, and equipment hoods.

Salvage. Any article or materials which is to be or intended to be reclaimed or saved from destruction.

Sanitarium, Health. An institution where patients, other than mental or drug addict patients, are housed and where medical or post surgical treatment is provided.

Sanitarium, Mental. An institution for the recuperation and treatment of victims of mental disorders or drug addiction.

Scenic Highway. Any highway designated as a scenic highway by an agency of the city, county, state or federal government.

Secondhand Dealership. Any individual personal partnership, firm or corporation whose business includes buying, selling, trading, taking in pawn, accepting for sale on consignment, or accepting for auctioning, secondhand tangible property.

Service. An act or any result of useful labor, which does not, in itself, produce a tangible commodity.

Setback Area. The area between the building line and the property line, or when abutting a street, the ultimate right-of-way line.

Setback Distance. The distance between the building line and the property line, or when abutting a street, the ultimate right-of-way line.

Shopping Center. An integrated development of retail and service commercial activities on one or more lots of land sharing common parking and signing facilities and serving a wide spectrum of community shopping needs.

Sidewalk. That portion of a thoroughfare, other than a roadway, set apart by curbs, barriers, markings, or other delineation’s for pedestrian travel. See also Pedestrianway as defined in this section.

Sign. Any device used for visual communications or attraction, including any identification, announcement, declaration, demonstration, display, illustration, insignia or symbol used to advertise or promote the interest of any person; together with all parts, materials, frame and background. Sign and Advertising Device, for the purpose of this chapter, do not include the following for purposes of this title;
1. Official notices issued by any court or public body or officer;
2. Notices posted by any public officer in performance of a public duty or by any person in giving any legal notice;
3. Directional, warning, or information signs or structures required by or authorized by law or by federal, state or county authority or;
4. The flag of the state or of the United States or any official flag of any other state or country.

Specific Plan. A definite statement adopted by ordinance of policies, standards, and regulations, together with a map or description defining the location where such policies, standards, and regulations are applicable pursuant to the requirements of the Government Code of the state.

Stable, Private. A building or a portion of a building used to shelter and feed equines which are used exclusively by the occupants of the property on which the stable is situated.

Stable, Public. A stable other than a private stable.

Story. That portion of a building included between the upper surface of any floor and upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above.

Street or Highway. A public or private vehicular right-of-way other than an alley.

Street Opening. The centerline of a street right-of-way as established by official survey.

Structure. Anything constructed or erected requiring a fixed location on the ground or attached to something having a fixed location on the ground except business signs and other improvements of a minor character.

Structural Alterations. Any change in supporting members of a building or structure.

Swap Meet, Indoor or Outdoor. An event at which two or more persons or entities offer goods or services for sale or exchange, and at which a fee is charged to the party selling the goods or the buyer is charged for the privilege of entering the site to engage in sales transactions. Also may be referred to as Flea Markets, Swap Lots, Open Air Markets, or Outdoor Bazaars.

Swimming Pool. An artificial body of water having a depth in excess of 18 inches, designed, constructed and used for swimming, dipping or immersion purposes by humans.

Thrift Shop. A secondhand dealership as defined herein.

Townhouse Development. A cluster development consisting of attached two-story dwelling units.

Ultimate Right-Of-Way. The right-of-way shown as ultimate on an adopted precise plan of highway alignment; or the street rights-of-way shown within the boundary of a recorded tract map, a recorded parcel map, or a recorded development plan. The latest adopted or recorded document in the cases mentioned in this section shall take precedence. If none of these exist, the ultimate right-of-way shall be considered the right-of-way required by the highway classification as shown on the master plan of arterial highways. In all other instances, the ultimate right-of-way shall be considered to be the existing right-of-way.

Use, Accessory. A use customarily incidental and accessory to the principal use of the land or building site, or to a building or other structure located on the same building site as the principal use.

Use, Principal. The main purpose for which land or a building is occupied, arranged, designed or intended, or for which either land or building is or may be occupied or maintained.

Use, Temporary. A use which is required for the proper function of the community or temporarily required in the process of establishing a permitted use, or construction of a public facility. Such use shall be permitted only after the issuance of a temporary use permit as established by the provisions of this chapter.

Valet Parking. Vehicular parking whereby a parking attendant is utilized to park cars in an assigned area that is not available to the general public.

Vehicular Accessway. A private, nonexclusive vehicular easement affording access to abutting properties.

Vehicle, Commercial. A vehicle which when operated upon a highway is required to be registered as a commercial vehicle by the state
Vehicle Code, and which is used or maintained for the transportation of persons for hire, compensation or profit, or designed and used primarily for the transportation of property.

Wholesale. A business establishment engaged in selling to retailers or jobbers, rather than consumers.

Wing Wall. An architectural feature in excess of six feet in height which is a continuation of a building wall projecting beyond the exterior walls of a building.

Yard. Any open space on the same lot with a building or dwelling group, which space is between the setback lines and the lot lines of the parcel or the planned street line and is unoccupied and unobstructed except for projections permitted by this chapter.

Zone. A zoning district, as defined in the State Conservation and Planning Act, shown on the zoning map to which uniform regulations apply.

Zoning Ordinance or This Ordinance. The comprehensive zoning ordinance of the city.

Zoning Map. The official zoning map of the city which is a part of this title.

CHAPTER 13.02
Scope, Interpretation, Application
SECTIONs:
13.02.010 Scope of Regulations
13.02.030 Regulations as Minimum Standards
13.02.040 Applicability and Conformity
13.02.050 Relation to Less Restrictive Regulations
13.02.060 Effective in Incorporated City
13.02.070 Relationship to Prior Ordinances
13.02.080 Continuity
13.02.090 Procedure Regarding Pending Procedures
13.02.100 Violation of Previous Ordinances
13.02.110 Conviction of Crimes Continued
SECTION 13.02.010 Scope of Regulations
This chapter is adopted to accomplish the stated objective of and to implement the general plan of the city. To accomplish these objectives the city shall regulate the use, location, area and dimension of sites for development; the bulk and height of structures, the appearance of certain uses, structures, and signs, open space, landscaping, access and egress, off-street parking, and other such aspects of land use which may be deemed necessary for the public peace, health, safety, and general welfare of the people working and living within the city.

SECTION 13.02.030 Regulations as Minimum Standards
The authority for the regulations contained within this chapter is based on '10-9-401 through 10-9-408 UCA.

SECTION 13.02.040 Applicability and Conformity
The provisions of this title are not intended to revoke any existing easements, codes, covenants and restrictions or other existing agreements which are more restrictive than the provisions of this title.

SECTION 13.02.050 Relation to Less Restrictive Regulations
Whenever the provisions of this title impose more restrictive regulations upon buildings or structures and the use of them or the use of lands or premises and require larger open spaces or yards or setbacks than are imposed by other ordinances, the provisions of this title or the rules or regulations included within this title shall govern.

SECTION 13.02.060 Effective in Incorporated City
The provisions of this title are declared to be in effect upon all land within the incorporated jurisdiction of Milford City as exists or is hereafter changed by annexation.

SECTION 13.02.070 Relationship to Prior Ordinances
Any building for which a building permit has been issued and is valid under the provisions of earlier ordinances of the city which are in conflict with this title may be continued and completed in accordance with the plans and specifications upon which the permit was issued.

SECTION 13.02.080 Continuity
Notwithstanding the provisions of this title or any other provisions of this title, no new or additional variance, conditional use permit or license shall be required for any land use heretofore authorized by the city or the county by a variance, conditional use permit, building permit, license, or preliminary or final plat map; provided there has been substantial reliance upon the governmental entitlement mentioned in this title, and; provided further, that conditions thereof are complied with and the substantial construction has begun on a portion of the project.

SECTION 13.02.090 Procedure Regarding Pending Procedures
The repeal or substitution of any ordinance shall not affect any prosecution which may be pending in any court for the violation of any provision of the ordinance at time of the repeal or substitution.

SECTION 13.02.100 Violation of Previous Ordinances
The substitution or repeal of any ordinance is not deemed to ratify or legalize any violation of any provisions of such ordinance nor to affect the prosecution or punishment of any person, firm or corporation for any act done or committed in violation of any provision of the ordinance prior to the taking effect of this title.

SECTION 13.02.110 Conviction of Crimes Continued
Any ordinance to be repealed or substituted by this title is deemed to continue and be in full force and effect for the purpose of prosecuting and meeting punishment for any violation presently pending in any court.

CHAPTER 13.03
Applicability of Regulations
SECTIONs:
13.03.010 Property Affected
13.03.020 Persons Affected
13.03.030 Activities Affected
SECTION 13.03.010 Property Affected
The provisions of this title shall apply, to the extent permissible under other laws, to all property within Milford City, whether such property is in public or private ownership, except streets, alleys and walkways which are dedicated for public use.

SECTION 13.03.020 Persons Affected
The provisions of this title shall apply, to the extent permissible under other laws, to all persons, agencies and organizations, both public and private, except that in circumstances where an overriding public interest is found to be served by an action or development undertaken by a public agency, the Commission or Council may waive the requirements of this title to the extent deemed necessary.

SECTION 13.03.030 Activities Affected
New or Changed Development or Use. Each provision of this title shall apply, to the extent permissible under other laws, to all actions, activities or development initiated subsequent to the effective date of such provision, including but not limited to the following:
1. The division or leasing of land.
2. Construction, alteration, remodeling, expansion, replacement or relocation of any building, structure or other facility or portion thereof.
3. The use and occupancy of land, buildings, structures or other facilities.

CHAPTER 13.04
Relationship of Zoning to Other Laws and Regulations
SECTIONs:
13.04.010 Continuity of Zoning Regulations
13.04.020 Pending Proceedings
13.04.030 Right Under Previous Approvals
13.04.040 Previous Violation or Conviction
13.04.050 Severability
13.04.060 Conflicting Regulations
13.04.070 Private Agreements
13.04.080 Nuisances
13.04.090 Zoning Administrator - Authority and Duties
13.04.100 Violation as Nuisance
SECTION 13.04.010 Continuity of Zoning Regulations
The provisions of this title, insofar as they are substantially the same as previous provisions of the Milford City Municipal Code or any other ordinance repealed, amended or superseded upon the enactment of the provisions of this title, shall be construed as restatements and continuations of said previous provisions, and not as new enactment’s.

SECTION 13.04.020 Pending Proceedings
Proceedings initiated under provisions repealed, amended or modified by the provisions of this title, and any vested right, shall not be affected by the enactment of the provisions of this title, except that subsequent proceedings shall conform to the provisions of this title insofar as possible.

SECTION 13.04.030 Right Under Previous Approvals
1. Any permit or other approval previously granted by the city and which would be eligible for consideration as a Variance, Conditional Use Permit or other approval under this title shall be deemed to be an approved variance. Conditional Use Permit or other approval, respectively, under this title, subject to the terms of such approval.
2. All other permits and other approvals or conditions thereof, not in conformance with the provisions of this title, shall be deemed to be nonconforming privileges subject to the provisions of 13.37.010 through 13.37.130.
3. Notwithstanding any other provisions of this section, if any permit or other approval deemed to be approved pursuant to this section, or any condition thereof, has resulted in a nonconformity, such nonconformity shall be subject to the provisions of 13.37.010 through 13.37.130.

SECTION 13.04.040 Previous Violation or Conviction
Any violation of and/or conviction under any provision repealed, amended or modified by the provisions of this title shall be considered as a violation of and/or conviction under this title.

SECTION 13.04.050 Severability
If any provision of this title, and the application thereof, to any person or circumstance is held invalid, the remainder of this title, and the application of such provision to other persons or circumstances, shall not be affected thereby.

SECTION 13.04.060 Conflicting Regulations
Whenever any provisions of this title covers the same subject matter, overlaps, conflicts with or is contradictory to any other law or regulation, that provision, law or regulation which is more restrictive or imposes the higher standard shall control, except as otherwise expressly provided.

SECTION 13.04.070 Private Agreements
The provisions of this title are not intended to abrogate, annul or impair any easement, covenant or other agreement between parties, except, where this title imposes a greater restriction or higher standard than that required by private agreement, this title shall control.

SECTION 13.04.080 Nuisances
Neither the provisions of this title nor any approval pursuant thereto authorizes the establishment or maintenance of any use or circumstances which constitutes a public or private nuisance.

SECTION 13.04.090 Zoning Administrator - Authority and Duties
The zoning administrator is hereby authorized to enforce this code and all provisions thereof and shall do so by any legal means available to him/her, including, but not limited to the following:
1. Advise the building official on the issuance of building permits. (If the zoning administrator gives written notification to the building official that an intended use, building or structure would be in violation of this code such written notification shall be a presumption of illegality and the building official shall not issue a building permit for such use, building or structure. If the offices of the building official and zoning administrator are held concurrently by one person, this shall detail the violation in writing on the permit refusal notification).
2. Advise and cooperate with the Milford City Planning and Zoning Commission.
3. Inspect the uses of buildings, structures or land to determine compliance with the code. Such inspections shall be made at reasonable times.
4. Issue notices of violation wherever building or land are being used contrary to this code. (This shall be done by serving notice in writing on any person engaged in such use and posting such notice on the premises).
5. Inform the local governing body of all code violations and recommend specific courses of action with regard to each violation.
6. Maintain a file of code violations and actions by the governing body on such violations.
7. Citation for Infraction - Citation for Infraction
A. Pursuant to the provisions of state law, the city zoning administrator designated by resolution of the City Council may issue a citation without a warrant whenever they have reasonable cause to believe that the person to whom the citation is issued has committed an infraction in his or her presence which is a violation of any provision of this title designated as an infraction.
B. Citations for infractions shall be processed, issued and handled as provided by state law.

SECTION 13.04.100 Violation as Nuisance
1. Any building set up, erected, built, moved or maintained and/or any use of property, commenced after the date of enactment of this zoning ordinance, contrary to the provisions of this title shall be and the same is hereby declared to be unlawful and a public nuisance. and the City Attorney shall, upon order of the City Council, immediately commence action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate and remove such building or use of any property contrary to the provisions of this title.
2. All remedies provided herein shall be cumulative and not exclusive.

CHAPTER 13.05
Planning and Zoning Commission
SECTIONs:
13.05.010 Planning and Zoning Commission Creation, Number of Members, Appointment
13.05.020 Terms of Office
13.05.030 Vacancies and Removals for Cause
13.05.040 Compensation
13.05.050 Officers
13.05.060 Rules and Procedures
13.05.070 Quorum and Vote
13.05.080 Employees - Expenditures
13.05.090 Powers of the Planning and Zoning Commission
SECTION 13.05.010 Planning and Zoning Commission Creation, Number of Members, Appointment
The Planning and Zoning Commission shall consist of seven (7) members appointed by the Mayor of Milford City with the advice and consent of the Milford City Council. One (1) member of the Milford City Council shall serve as a member of the Planning and Zoning Commission. Each of the other six (6) members of the Planning and Zoning Commission shall be a resident of Milford City, and at least three of them shall hold no other public office or position.

SECTION 13.05.020 Terms of Office
The terms of appointed members of the Milford City Planning and Zoning Commission members shall be for three (3) years, and until their respective successors have been appointed. Provided, that the term of the members of the first Planning and Zoning Commission so appointed shall be such that the terms of two (2) members shall expire each year.

SECTION 13.05.030 Vacancies and Removals for Cause
Vacancies of appointed members occurring otherwise than through the expiration of terms shall be filled for the remainder of the unexpired term by appointment by the Milford City Mayor with the advice and consent of the Milford City Council. The City Council shall have the right to remove any member of the Planning and Zoning Commission for misconduct and may remove any member for non-performance of duty. Non-performance of duty shall include a repeated failure to attend Planning and Zoning Commission meetings.

SECTION 13.05.040 Compensation
The Planning and Zoning Commission shall serve without compensation, except that the City Council shall provide for reimbursement of the members of the Planning and Zoning Commission for actual approved expenses incurred, upon presentation of proper receipts and vouchers.

SECTION 13.05.050 Officers
The Planning and Zoning Commission shall elect a Chairperson and a Vice-Chairperson from among its members, whose terms shall be for three (3) years. The Planning and Zoning Commission Chairperson shall vote only in the case of a tie or if his/her vote is required to constitute a quorum.
(Ord. Ordinance 5-2001, Amended, 02/09/2001)

SECTION 13.05.060 Rules and Procedures
The Planning and Zoning Commission may adopt such rules or procedures as it may deem necessary for the proper conduct of its business. The Planning and Zoning Commission shall keep a record of its proceedings, such record shall be maintained in the City Recorders office and shall be open to inspection by the public at all reasonable times.

SECTION 13.05.070 Quorum and Vote
A quorum shall consist of four (4) members which may include the Chairman. Evidence shall not be presented nor any votes taken unless a quorum is present. A majority vote is constituted of at least a majority of members present.

SECTION 13.05.080 Employees - Expenditures
The Planning and Zoning Commission may upon the approval of the City Council, employ experts and staff, including consultants and a secretary, and pay such expenses, exclusive of gifts, as may be reasonable and necessary for carrying out the duties defined in this Ordinance, providing that such expenditures may not exceed the amount appropriated for the operation of the Planning and Zoning Commission by the Milford City Council.

SECTION 13.05.090 Powers of the Planning and Zoning Commission
The Planning and Zoning Commission shall:
1. Prepare and recommend a general plan and amendments to the general plan to the city council;
2. Recommend zoning ordinances and maps and amendments to zoning ordinances and maps to the city council;
3. Administer provisions of the zoning ordinance;
4. Recommend subdivision regulations and amendments to those regulations to the city council;
5. Recommend approval or denial of subdivision applications to the city council;
6. Recommend sign ordinances and amendments to
7. The sign ordinance to the city council;
8. Advise the city council on matters as the council directs;
9. Hear or decide any matter the city council designates, including the approval or denial of conditional use permits subject to the provisions of 13.36.010 through 13.36.100 of this ordinance; and
10. Exercise any other powers:
A. that are necessary for it to perform its functions; or
B. delegated to it by the city council.

CHAPTER 13.06
Board of Adjustment
SECTIONs:
13.06.010 Board, Number of Members, Appointment, Term and Removal, Vacancies
13.06.020 Officers
13.06.030 Duties and Powers of the Board
13.06.040 Meetings
13.06.050 Minutes
13.06.060 Rules and Regulations
13.06.070 Quorum
13.06.080 Action to Be Taken
13.06.090 Vote Necessary for Reversal
13.06.100 Decision of Appeal
13.06.110 Procedure
13.06.112 Judicial Review of Board's Decision
SECTION 13.06.010 Board, Number of Members, Appointment, Term and Removal, Vacancies
The Board of Adjustments shall consist of five (5) members and whatever alternates the Mayor considers appropriate, each to be appointed by the Mayor on advice from the City Council for the term of five (5) years provided that the term of one (1) of the original member shall expire each year. No more than two alternates members may sit at any meeting of the board of adjustment at one time. Any member may be removed for cause by the appointing authority upon written charges and after public hearing, if such public hearing is requested. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. One (1) member, but not more than one (1) member, of the Planning and Zoning Commission shall be a member of the Board of Adjustment.

SECTION 13.06.020 Officers
The Board of Adjustment shall elect a Chairperson from among its members, who shall among other things call for meetings of the board of adjustment and shall serve for a term of one (1) year. In the absence of the chairperson, the acting chairperson may administer oaths and compel the attendance of witnesses.

SECTION 13.06.030 Duties and Powers of the Board
The Board of Adjustment shall have the following powers:
1. To hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by the administrative official in the enforcement of this article or of any ordinance adopted pursuant thereto.
2. To hear and decide special exceptions to the terms of this Title upon which such Board is required to pass under the provisions of this Title.
3. To authorize variance from the terms of this Title. The board of adjustment may grant a variance only if:
A. literal enforcement of the zoning ordinance would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purposes of the zoning ordinance; and
B. there are special circumstances attached to the property that do not generally apply to other properties in the same district; and
C. granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same district; and
D. the variance will not substantially affect the general plan and will not be contrary to the public interest; and
E. the spirit of the zoning ordinance is observed and substantial justice done.
(Ord. Ordinance 10-2001, Amended, 07/03/2001)

SECTION 13.06.040 Meetings
Meetings of the Board of Adjustment shall be held at the call of the Chairman, and at such other times as the Board may determine. The Chairman may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public pursuant to Title 52, Chapter 4, A Open and Public Meetings, UCA.

SECTION 13.06.050 Minutes
The Board shall keep minutes of its proceedings, showing the vote of each member on each question, or if absent or failing to vote, indicating such fact and shall keep records of its examinations and other official actions, all of which shall be immediately filed with the City Recorder and shall be public records.

SECTION 13.06.060 Rules and Regulations
The Board of Adjustment shall adopt rules which the Board finds necessary or advisable to implement the authority of the Board.

SECTION 13.06.070 Quorum
A quorum shall be considered three (3) members of the Board of Adjustment, and no evidence shall be presented to the Board of Adjustment unless a quorum is present.

SECTION 13.06.080 Action to Be Taken
Approval or disapproval, rejection of modified approval of an application shall be based upon findings which shall be made a part of the official record.

SECTION 13.06.090 Vote Necessary for Reversal
The concurring vote of three (3) members of the Board shall be necessary to reverse any order, requirement, or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this title or to effect any variation in the provisions of this Zoning Ordinance.

SECTION 13.06.100 Decision of Appeal
In exercising appeal powers, the Board may in conformity with the provisions of this title reverse or affirm, wholly or partly or may modify the order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal was taken.

SECTION 13.06.110 Procedure
Each appeal to the Board of Adjustment shall be on a form provided by the Board, and all information called for by such form shall be furnished by the appellant. Before making its decision, the Board shall hold a hearing upon the appeal. Before any appellant shall be entitled to any hearing or decision, he shall pay to the Board the expenses of the appeal, including the sending of notices, as fixed by the Board. Such payment or the estimated amount of same shall be paid with the filing of the appeal. The Board may give notice to other interested persons and organizations.
Each appeal, filed in proper form with the required dates, shall be numbered serially, docketed, and shall be placed upon the calendar of the Board and shall be heard in the order in which they appear on the calendar, unless advanced for hearing by order of the Board for good cause shown.

SECTION 13.06.112 Judicial Review of Board's Decision
The local jurisdiction or any person aggrieved by any decision of the Board of Adjustment may have and maintain a plenary action for relief therefrom in any court of competent jurisdiction; provided, petition for such relief is presented to the court within thirty (30) days after filing of such decision to the Board pursuant to '10-9-708 UCA.

CHAPTER 13.07
Supplemental and Qualifying Regulations
SECTIONs:
13.07.010 Effect of Chapter
13.07.020 Substandard Lots at Time of Ordinance Passage
13.07.030 Lot Standards
13.07.040 Every Dwelling on a Lot - Exceptions
13.07.050 Yard Space - One (1) Building Only
13.07.060 Private Garage with Side Yard - Reduced Yards
13.07.070 Sale or Lease of Required Space
13.07.080 Sale of Lots Below Minimum Space Requirements
13.07.090 Area of Accessory Buildings
13.07.100 Additional Height Allowed
13.07.110 Exceptions to Height Limitations
13.07.120 Minimum Height of Main Buildings
13.07.130 Maximum Height of Accessory Buildings
13.07.140 Clear View Intersecting Streets
13.07.150 Maximum Height of Fence, Walls and Hedges
13.07.160 Water and Sewer Requirements
13.07.170 Curbs, Gutters and Sidewalks
13.07.180 Lots and Dwellings on Private Streets - Special Provisions
SECTION 13.07.010 Effect of Chapter
The regulations hereinafter set forth qualify or supplement, as the case may be, the zone regulations appearing elsewhere in this Title.

SECTION 13.07.020 Substandard Lots at Time of Ordinance Passage
Any lot legally held in separate ownership at the time of passage of this Ordinance, which lot is below the requirements for lot area or lot width for the District in which it is located may be used for a single-family dwelling, if such lot is located in a district which permits single-family dwellings. The width of each side yard for such a dwelling may be reduced to a width which is not less than the same percentage of the lot width as the required side yard would be of the required lot width.

SECTION 13.07.030 Lot Standards
Except as provided in this Title, every lot, existing or intended to be created, shall have such area, width and depth as is required by this Ordinance for the district in which such lot is located and shall have frontage upon a dedicated or publicly approved street or upon a private street or right-of-way approved by the Planning and Zoning Commission, before a building permit may be issued.

SECTION 13.07.040 Every Dwelling on a Lot - Exceptions
Every dwelling structure shall be located and maintained on a separate lot having no less than the minimum area, width, depth, and frontage required by this Ordinance for the district in which the dwelling structure is located, except that group dwellings, cluster dwellings, condominiums, and other multi-structure dwelling complexes under single ownership and management, which are permitted by this Ordinance and have approval from the Planning and Zoning Commission, may occupy one (1) lot for each such multi-structure complex.

SECTION 13.07.050 Yard Space - One (1) Building Only
No required yard or other open space around an existing building or which is hereafter provided around any building for the purpose of complying with the provisions of this Ordinance shall be considered as providing a yard or open space for any other building; nor shall any yard or other required open space on an adjoining lot be considered as providing a yard or open space on a lot whereon a building is to be erected or established.

SECTION 13.07.060 Private Garage with Side Yard - Reduced Yards
On any interior lot where a private garage, containing a sufficient number of parking spaces to meet the requirements of this Ordinance, has a side yard equal to the minimum side yard required for a dwelling in the same district, the width of the other side yard for the dwelling may be reduced to equal that of the minimum required side yard; and on any lot where such garage has such side yard, the rear yard of the dwelling may be reduced to fifteen (15) feet, provided the garage also has a rear yard of at least fifteen (15) feet.

SECTION 13.07.070 Sale or Lease of Required Space
No space needed to meet the width, yard, area, coverage, parking, or other requirements of this Ordinance for lot or building may be sold or leased away from such lot or building.

SECTION 13.07.080 Sale of Lots Below Minimum Space Requirements
No parcel of land which has less than the minimum width and area requirements for the district in which it is located may be cut off from a larger parcel of land for the purpose, whether immediate or future, of building or development as a lot.

SECTION 13.07.090 Area of Accessory Buildings
No accessory building nor group of accessory buildings in any residential district shall cover more than twenty-five (25) percent of the rear yard.

SECTION 13.07.100 Additional Height Allowed
Subject to conditional use approval, public and quasi-public utility buildings, when authorized in a district, may be erected to a height greater than the district, height limit by conditional use permit.

SECTION 13.07.110 Exceptions to Height Limitations
Penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, steeples, flagpoles, chimneys, smokestacks, water tanks, wireless or television masts, theater lofts, silos, or similar structures may be erected above the height limits herein prescribed, but no space above the height limit shall be allowed for purposes of providing additional floor space.

SECTION 13.07.120 Minimum Height of Main Buildings
No dwelling shall be erected to a height less than one (1) story above grade, without obtaining a variance from the Board of Adjustment and meeting the appropriate building codes enacted by Milford City.

SECTION 13.07.130 Maximum Height of Accessory Buildings
No building which is accessory to a one-family, two-family, three-family or four-family dwelling shall be erected to a height greater than one (1) story or twenty (20) feet.

SECTION 13.07.140 Clear View Intersecting Streets
In all districts which require a front yard, no obstruction to view shall be placed on any corner lot within a triangular area formed by the property lines that abut the street, and a line connecting them at points of twenty (20) feet from the intersection of the property lines, except on a corner lot, a chain link view fence or other non sight obscuring fence may be allowed to a maximum of four (4) feet in height. Trees must be pruned high enough to permit unobstructed vision to the drivers of vehicles; and pedestal type identification signs and pumps at gasoline service stations must not obstruct vision to the drivers of vehicles.
(Ord. Ordinance 6-2006, Amended, 07/18/2006)

SECTION 13.07.150 Maximum Height of Fence, Walls and Hedges
1. Fences, walls, and hedges may be erected or allowed to the permitted building height when located within the buildable area, provided that any physical structure over six (6) feet in height shall require a building permit.
2. Any fence, wall or hedge, constructed on a property line paralleling a street, is restricted to four (4) feet in height. On lots other than corner lots, a fence, wall or hedge may be constructed to a height of six (6) feet, or a maximum height of eight (8) feet along the property line (xxxx) if a building permit is first obtained for any fence, wall or hedge over six (6) feet in height. The height is limited to a maximum of four (4) feet for any interior fence, wall or hedge within the twenty (20) foot setback of the front property line (- - -). (see illustration following)

3. Where a fence, wall, or hedge is located along a property line separating two (2) lots and there is a difference in the grade of the properties on the two (2) sides of the property line, the fence, wall, or hedge may be erected or allowed to the maximum height permitted on the highest side of the property line.

SECTION 13.07.160 Water and Sewer Requirements
In all cases where a proposed building or proposed use will involve the use of sewerage facilities, and connection to a public sewer system as defined by the Utah State Division of Environmental Health is not available, and in all cases where a connection to a public water system approved by the Utah State Division of Environmental Health is not available, the sewage disposal and the domestic water supply shall comply with the requirements of such Division and of the local board of health, and the application for a building permit shall be accompanied by a certificate of approval from said Board or Division.

SECTION 13.07.170 Curbs, Gutters and Sidewalks
The installation of curb, gutter and sidewalks of a type approved by the Governing Body shall be required on any existing or proposed street adjoining a lot on which a building is to be established. Such curbs, gutters, and sidewalks are required as a condition of a building occupancy permit approval.

SECTION 13.07.180 Lots and Dwellings on Private Streets - Special Provisions
Lots with frontage on private streets shall be allowed only with a conditional use permit, and subject to all applicable requirements of this Ordinance and the Subdivision Ordinance.

CHAPTER 13.08
Establishment of Districts
SECTIONs:
13.08.010 Purpose
13.08.020 Established
13.08.030 Prohibited Uses Within Districts
13.08.040 Rules for Locating Boundaries
13.08.080 Zoning at Time of Annexation
SECTION 13.08.010 Purpose
In order to classify, regulate, restrict and separate the use of land, buildings, and structures and to regulate and to limit the type, height and bulk of buildings and structures in the various districts and to regulate the areas of yards and other open spaces abutting and between buildings and structures and to regulate the density of population, the districts delineated in 13.08.020 are established.

SECTION 13.08.020 Established
The following districts are established in the city:

Base Land Use Districts:
Agricultural (A-20)
Rural Residential-5 (RR-5)
Rural Residential-1(RR-1)
Residential Low 20 (RL-1-20)
Residential Low 10 (RL-1-10)
Residential Medium (RM-8)
Residential Medium (RM-6)
Residential Medium (RM-6S)
Multiple Residential 7 (MR-7)
Multiple Residential 15 (MR-15)
Multiple Residential 30 (MR-30)
Main Street Commercial (MSC)
Highway Service Commercial (HSC)
Industrial Park (IP)
Manufacturing (M)
Open Space (OS)

SECTION 13.08.030 Prohibited Uses Within Districts
1. All uses, not specified within a particular zoning district, shall be prohibited unless the Planning and Zoning Commission determines on a case by case basis that a particular use is similar in nature to those specified.
2. Those uses which are not therein enumerated but are expressly permitted or conditionally permitted in any other zone are prohibited in said district.

SECTION 13.08.040 Rules for Locating Boundaries
Where uncertainty exists as to the boundary of any district, the following rules shall apply:
1. Wherever the district boundary is indicated as being approximately upon the centerline of a street, alley, or block, or along a property line, then, unless otherwise definitely indicated on the map, the centerline of such street, alley, block, or such property line shall be construed to be the boundary of said district.
2. Whenever such boundary line of such district is indicated as being approximately at the line of any river, irrigation canal or other waterway, or railroad right-of-way, or public park or other public land, or any section line, then in such case the center of such river or stream, canal or waterway, or of such railroad right-of-way, or the boundary line of such public land or such section line shall be deemed to be the boundary of said district.
3. Where such district boundary lines cannot be determined by the above rules, their location may be found by the use of the scale appearing upon the map.
4. Where the application of the above rules does not clarify the district boundary location, the Planning and Zoning Commission shall interpret the map.

SECTION 13.08.080 Zoning at Time of Annexation
If the Local Jurisdiction is a municipality to which land is to be annexed, the Planning and Zoning Commission and Governing Body of the municipality shall proceed with rezoning procedures as required for land within the municipality and shall declare the land upon annexation to be zoned to the zoning district or districts determined appropriate by such procedures and by declaration of the Governing Body of the municipality.

CHAPTER 13.09
Agricultural (A20) District
SECTIONs:
13.09.010 Purpose
13.09.020 Permitted Uses
13.09.030 Conditional Uses
13.09.040 Maximum Development Densities
13.09.050 General Development Standards
13.09.060 Applicable Regulations
SECTION 13.09.010 Purpose
The A-20 designation is intended to promote and preserve in appropriate areas conditions favorable to large lot family living, the keeping of limited numbers of animals and fowl, and reduced requirements for public utilities. These districts are intended to be agricultural and residential in nature and protected from encroachment by non agricultural commercial and industrial uses.

SECTION 13.09.020 Permitted Uses
1. Single family dwellings;
2. Accessory buildings and structures customarily incidental to single family dwellings;
3. The housing of large animals (see 13.30)
4. Agriculture including: grazing and pasturing of animals; the tilling of soil; the raising of crops; horticulture and gardening; and, family food production; Farms devoted to raising and marketing chickens, turkeys, fish, frogs, or rabbit; and
5. The keeping of large animals.

SECTION 13.09.030 Conditional Uses
1. Places of worship;
2. Public or private schools or educational institutions;
3. Bed and Breakfast facilities;
4. Public or quasi-public utility or public service facilities;
5. Public parks or recreational facilities;
6. Private recreational facilities;
7. Day care centers;
8. Fruit/vegetable stands;
9. Kennels;
10. Dude Ranches; and
11. Other uses considered by the Planning and Zoning Commission to be compatible with these conditional uses.

SECTION 13.09.040 Maximum Development Densities
The maximum density in the A-20 district shall be as follows:

District ThresholdDensity (du/20 acres) Min.Lot Size(sq. ft.) Max. Density(du/20 acres)
A-20 0-1 20 acres 1

SECTION 13.09.050 General Development Standards
The following standards shall apply to all lots in the A-20 district;
1. Maximum residential building height, 35 feet or 2 stories, may be exceeded by conditional use permit. Architectural features such as cornices, chimneys, and bell towers may exceed this height. Accessory structures, such as barns, may be a maximum of 35 feet height;
2. Minimum lot area shall be 20 gross acres;
3. Minimum lot width shall be 330 feet;
4. Minimum front yards shall be 30 feet;
5. Minimum rear yards shall be 50 feet. Accessory structures may encroach into the rear yards, but in no event shall be closer than 10 feet to the rear property line;
6. Minimum side yards shall be 20 feet. Accessory structures may encroach into side yards, but in no event shall be closer than 10 feet to the side property lines.

SECTION 13.09.060 Applicable Regulations
13.26.010 through 13.26.070 - Home occupations
13.27.010 through 13.27.070 - In-Home Day Care
13.30.010 through 13.30.030 - Keeping of Horses, Other Large Animals and Farm Animals
13.31.010 through 13.31.030 - Fencing and Walls
13.32.010 through 13.32.080 - Vehicular Parking, Loading and Maneuvering Areas
13.33.010 through 13.33.030 - Landscaping
13.34.010 through 13.34.060 - Yards and Setbacks
13.35.010 through 13.35.100 - Design Review and Site Plan Review

CHAPTER 13.10
Residential Designations
SECTIONs:
13.10.010 Intent and Purpose
SECTION 13.10.010 Intent and Purpose
The purpose of the residential districts in the zoning regulations is to achieve the following:
1. To reserve appropriately located areas for residential living at a range of population densities consistent with the General Plan and with sound standards of public health, safety and general welfare;
2. To ensure adequate light, air, privacy, and open space for each dwelling;
3. To provide space for public and semi-public uses needed to complement residential areas and for institutions that require a residential environment;
4. To minimize adverse effects on the city's infrastructure by preventing the construction of buildings of excessive size in relation to the surrounding environment;
5. To prevent the construction of buildings which are out of character with the surrounding environment;
6. To provide necessary space for off-street parking of automobiles and other vehicles, and, where appropriate, for off-street loading of trucks and trailers;
7. To safeguard homes from the negative externalities created by non-compatible land uses.
8. To facilitate the provision of utility services and other public facilities commensurate with anticipated population densities and service requirements.
9. To permit land uses and appurtenant facilities which are compatible with each residential land use category.
10. To inspire quality site planning and environmental design.

CHAPTER 13.11
Rural Residential - 5 District (RR-5)
SECTIONs:
13.11.010 Intent and Purpose
13.11.020 Permitted Uses
13.11.030 Conditional Uses
13.11.040 Maximum Development Densities
13.11.050 General Development Standards
13.11.060 Applicable Regulations
SECTION 13.11.010 Intent and Purpose
The RR-5 designation is intended to provide for the development of large lot estates and ranchettes. Homes developed in this designation will be allowed to keep horses and other large animals. This zone is intended to encourage a rural countryside atmosphere, and is designed to take advantage of the rural environment of the area.

SECTION 13.11.020 Permitted Uses
The following are permitted uses in any RR-5 district:
1. Single family dwellings;
2. Accessory buildings, uses, or structures customarily incidental to single family dwellings;
3. Detached guest dwellings;
4. Home occupations subject to the provisions of 13.26.010 through 13.26.070;
5. Agricultural uses including: grazing and pasturing of animals (see 13.30.020); the tilling of soil; the raising of crops; horticulture and gardening; and, family food production;
6. Construction trades permitted if:
A. The owner of the property and of the business must live on site;
B. The business is conducted entirely within an enclosed structure;
C. There are no more than four workers who may periodically report for assignment;
D. There are no more than three additional vehicles on site which must be kept off the public right-of-way;
E. All equipment and vehicles must be kept view obscured from any right-of-way.
F. No residential site shall be used for the storage of construction debris or recyclable materials in excess of that generated by the owner-occupants;
7. Detached servant quarters;
8. The keeping of domestic animals;
9. Licensed in home day care for up to 12 children subject to 13.27.010 through 13.27.060;
10. Flood control facilities;
11. The keeping of horses, other large animals and farm animals; and
12. Other uses considered by the Planning and Zoning Commission to be compatible with these permitted uses.

SECTION 13.11.030 Conditional Uses
The following uses may be permitted subject to a conditional use permit:
1. Accessory buildings customarily incidental to permitted agricultural uses;
2. Temporary uses incidental to construction work activities;
3. Agricultural related business;
4. Fruit/vegetable stand;
5. Places of worship;
6. Public or private schools or educational institutions;
7. Bed and Breakfast facilities;
8. Public or quasi-public utility or public service facilities;
9. Public parks or recreational facilities;
10. Private recreational facilities;
11. Day care centers; and
12. Other uses considered by the Planning and Zoning Commission to be compatible with these conditional uses.

SECTION 13.11.040 Maximum Development Densities
The maximum density in the RR-5 district shall be as follows:

District ThresholdDensity(du/net acre) Min.Lot Size(sq. ft.) Max. Density (du/net acre)
RR-5 0 - 0.2 5 acres 0.2

SECTION 13.11.050 General Development Standards
The following standards shall apply to all lots in the RR-5 district;
1. Maximum residential building height, 35 feet or 2 stories, may be exceeded by conditional use permit. Architectural features such as cornices, chimneys, and bell towers may exceed this height. Accessory structures, such as barns, may be a maximum of 35 feet height;
2. Minimum lot area shall be 5 gross acres;
3. Minimum lot width shall be 250 feet;
4. Minimum lot depth shall be 200 feet;
5. Minimum front yards shall be 30 feet;
6. Minimum rear yards shall be 50 feet. Accessory structures may encroach into the rear yards, but in no event shall be closer than 10 feet to the rear property line;
7. Minimum side yards shall be 20 feet. Accessory structures may encroach into side yards, but in no event shall be closer than 10 feet to the side property lines.

SECTION 13.11.060 Applicable Regulations
13.26.010 through 13.26.070 - Home occupations
13.27.010 through 13.27.070 - In-Home Day Care
13.30.010 through 13.30.030 - Keeping of Horses, Other Large Animals and Farm Animals
13.31.010 through 13.31.030 - Fencing and Walls
13.32.010 through 13.32.080 - Vehicular Parking, Loading and Maneuvering Areas
13.33.010 through 13.33.030 - Landscaping
13.34.010 through 13.34.060 - Yards and Setbacks
13.35.010 through 13.35.010 - Design Review and Site Plan Review

CHAPTER 13.12
Rural Residential - 1 District (RR-1)
SECTIONs:
13.12.010 Intent and Purpose
13.12.020 Permitted Uses
13.12.030 Conditional Uses
13.12.040 Maximum Development Densities
13.12.050 General Development Standards
13.12.060 Applicable Regulations
SECTION 13.12.010 Intent and Purpose
The RR-1 designation is intended to provide for the development of larger country lots. This zone is intended to encourage a rural countryside atmosphere, and is designed to take advantage of the rural environment of the area.

SECTION 13.12.020 Permitted Uses
The following are permitted uses in any RR-1 district:
1. Single family dwellings;
2. Accessory buildings, uses, or structures;
3. Detached guest dwellings;
4. Home occupations subject to the provisions of 13.26.010 through 13.26.070;
5. Family food production;
6. Construction trades permitted if:
A. The owner of the property and of the business must live on site;
B. The business is conducted entirely within an enclosed structure;
C. There are no more than four workers who may periodically report for assignment;
D. There are no more than three additional vehicles on site which must be kept off the public right-of-way;
E. All equipment and vehicles must be
kept view obscured from any right-of-way.
F. No residential site shall be used for the storage of construction debris or recyclable materials in excess of that generated by the owner-occupants;
7. Detached servant quarters;
8. The keeping of large or domestic animals (see 13.30.020);
9. Licensed in home day care for up to 12 children subject to 13.27.010 through 13.27.060; and
10. Flood control facilities.

SECTION 13.12.030 Conditional Uses
The following uses may be permitted subject to a conditional use permit:
1. Places of worship;
2. Public or private schools or educational institutions;
3. Bed and Breakfast facilities;
4. Public or quasi-public utility or public service facilities;
5. Public parks or recreational facilities;
6. Private recreational facilities;
7. Day care centers;
8. The keeping of exotic animals; and
9. Small and large animal hospitals.

SECTION 13.12.040 Maximum Development Densities
The maximum density in the RR-1 district shall be as follows:
District ThresholdDensity(du/ac) Min.Lot Size(sq. ft.) Max. Density(du/ac)
RR-1 0 -1 1 acre 1

SECTION 13.12.050 General Development Standards
The following standards shall apply to all lots in the RR-1 district;
1. Maximum residential building height, 35 feet or 2 stories, may be exceeded by conditional use permit. Architectural features such as cornices, chimneys, and bell towers may exceed this height. Accessory structures, such as barns, may be a maximum of 35 feet height;
2. Minimum lot area shall be 1 gross acre;
3. Minimum lot width shall be 200 feet;
4. Minimum front yards shall be 30 feet;
5. Minimum rear yards shall be 30 feet. Accessory structures may encroach into the rear yards, but in no event shall be closer than 10 feet to the rear property line;
6. Minimum side yards shall be 15 feet. Accessory structures may encroach into side yards, but in no event shall be closer than 10 feet to the side property lines.

SECTION 13.12.060 Applicable Regulations
13.26.010 through 13.26.070 - Home occupations
13.27.010 through 13.27.070 - In-Home Day Care
13.30.010 through 13.30.030 - Keeping of Horses, Other Large Animals and Farm Animals
13.31.010 through 13.31.030 - Fencing and Walls
13.32.010 through 13.32.080 - Vehicular Parking, Loading and Maneuvering Areas
13.33.010 through 13.33.030 - Landscaping
13.34.010 through 13.34.060 - Yards and Setbacks
13.35.010 through 13.35.100 - Design Review and Site Plan Review

CHAPTER 13.13
Residential Medium District Special (RM6S)
SECTIONs:
13.13.010 Intent and Purpose
13.13.020 Permitted Uses
13.13.030 Conditional Uses
13.13.040 Maximum Development Densities
13.13.050 General Development Standards
13.13.060 Applicable Regulations

SECTION 13.13.010 Intent and Purpose
The Residential Medium Special (RM6S) designation promotes single family residential development..
(Ord. Ordinance 7/2008 RM6S, Amended, 06/18/2008)

SECTION 13.13.020 Permitted Uses
The following are permitted uses in any RM6S district:
1. Single family dwellings;
2. Accessory buildings, uses, or structures;
3. Home occupations;
4. The keeping of domestic animals (see 13.30.020);
5. Family food production;
6. Flood control facilities;
7. Townhomes and condominium
8. Public parks or recreational facilities, including public or private golf courses with no night lighting;
9. Any other uses deemed by the Planning and Zoning Commission to be in harmony with listed permitted uses and the purpose and intent of this district.
(Ord. Ordinance 7/2008 RM6S, Amended, 06/18/2008)

SECTION 13.13.030 Conditional Uses
The following uses may be permitted subject to a conditional use permit:
1. Senior housing unit (granny flat), subject to the specific conditions i.e. Separate utility meters shall not be permitted.
2. Clubs, lodges or halls.
3. Any other uses deemed by the Planning and Zoning Commission to be in harmony with listed conditional uses and the purpose and intent of this district.
(Ord. Ordinance 7/2008 RM6S, Amended, 06/18/2008)

SECTION 13.13.040 Maximum Development Densities
The maximum density in the RM6S districts shall be as follows:

District ThresholdDensity(du/net acre) Min. LotSize(Sq. Ft.) Max.Density(du/net acre)
RM-6S 0-7.26 6,000 7.26

(Ord. Ordinance 7/2008 RM6S, Amended, 06/18/2008)

SECTION 13.13.050 General Development Standards
The following standards shall apply to all lots in the RM6S district;
1. Minimum dwelling unit size for bachelor, one-bedroom and two-bedroom family units shall be 1,100 square feet, and 1,000 square feet for attached units. For three-bedroom multi-family units the minimum size shall be 1,200 square feet and for four-bedroom units the minimum size shall be 1,400 square feet all excluding garages and miscellaneous structures;
2. Maximum building height, 25 feet or two stories, whichever is less. Buildings over one story, or 18 feet in height shall not be permitted within 150 feet of an adjacent residentially used property unless separated by a public street or easement of no less than 60 feet in total width.
3. Accessory structures shall not exceed one story in height;
4. Architectural features such as cornices, chimneys and bell towers may exceed the height limit;
5. Design review shall be required for projects of four or more homes;
6. Decorative walls or fences shall be required along the side and rear property lines of each home. Man-gates may be approved;
a. Decorative walls or fences shall be constructed of cinder block, vinyl, decorative stone, cement or wood; and shall be constantly well maintained. Chain link fence is prohibited in this section.
7. Minimum lot width for attached units shall be 100 feet. For single family detached units, the minimum lot width shall be 60 feet;
8. Minimum side yards for attached units shall be ten feet. For single family detached units the minimum side yards shall be five feet.
9. Minimum front yards shall be 15 feet, except the minimum setback of the face of a garage or carport shall be 20 feet. Front yard setbacks in subdivision developments may be reduced by 25% provided the average of all such setbacks is not less than the minimum required for the district;
10. Minimum rear yards shall be 15 feet. Accessory structures may be built at the rear property line, if that property line abuts a Milford City Alley way and care is taken to maintain a continuing drainage system that empties onto the subject property. Otherwise, accessory buildings may encroach into the rear yards, but in no case shall an accessory structure be closer than five feet to the rear property line.
11. Maximum site coverage shall be 40%;
12. Parking area for one vehicle shall be required for each unit; and,
13. Each garage for detached units shall have a minimum bulk storage area of 160 cubic feet and each garage for attached units shall have a minimum bulk storage area of 90 cubic feet.
(Ord. Ordinance 7/2008 RM6S, Amended, 06/18/2008)

SECTION 13.13.060 Applicable Regulations
13.26.010 through 13.26.070 - Home occupations
13.27.010 through 13.27.070 - In-Home Day Care
13.30.010 through 13.30.030 - Keeping of Horses, Other Large Animals and Farm Animals
13.31.010 through 13.31.030 - Fencing and Walls
13.32.010 through 13.32.080 - Vehicular Parking, Loading and Maneuvering Areas
13.33.010 through 13.33.030 - Landscaping
13.34.010 through 13.34.060 - Yards and Setbacks
13.35.010 through 13.35.100 - Design Review and Site Plan Review
(Ord. Ordinance 7/2008 RM6S, Amended, 06/18/2008)

CHAPTER 13.14
Residential Medium District (RM)
SECTIONs:
13.14.010 Intent and Purpose
13.14.020 Permitted Uses
13.14.030 Conditional Uses
13.14.040 Uses Permitted Subject to a Planned Development
13.14.050 Maximum Development Densities
13.14.060 General Development Standards
13.14.070 Applicable Regulations
SECTION 13.14.010 Intent and Purpose
The Residential Medium (RM) designation allows for a range of detached and attached single family units and low intensity multi-family residential units. This designation encourages greater housing diversity and acts as a transition zone between low density developments and higher density multi-family projects.
(Ord. Ordinance 8-2008, Amended, 06/18/2008)

SECTION 13.14.020 Permitted Uses
The following are permitted uses in any RM district:
1. Single family dwellings;
2. Accessory buildings, uses, or structures;
3. Zero lot line developments;
4. Wide shallow lot developments;
5. Duplexes
6. Town homes
7. Home occupations;
8. The keeping of domestic animals (see 13.30.020);
9. Family food production;
10. Licensed in home day care for up to 12 children;
11. Flood control facilities;
12. Public parks or recreational facilities, including public or private golf courses with no night lighting;
13. Public or private schools or educational institutions;
a. Public or private schools or educational institutions are allowed within this district only if traffic ingress and egress does not adversely affect the general traffic patterns of the area. under this section, public or private schools or educational institutions shall be prohibited to be located on a dead end street and/or cul-de-sac.
14. Foster homes; and
15. Any other uses deemed by the Planning and Zoning Commission to be in harmony with listed permitted uses and the purpose and intent of this district.
(Ord. Ordinance 8-2008, Amended, 06/18/2008)

SECTION 13.14.030 Conditional Uses
The following uses may be permitted subject to a conditional use permit:
1. Places of worship;
2. Bed and breakfast facilities;
3. Public or quasi-public utility or public service facilities;
4. Private recreational facilities;
5. Licensed day care centers;
6. Boarding houses or rooming houses;
7. Guest house or servant's quarters which may not be rented or sold;
8. Club, lodges or halls;
9. Licensed "community care facilities" including: Residential facility; adult day care; day treatment; social rehabilitation facility; community treatment facility;
10. Senior housing unit (granny flat), subject to the specific conditions i.e. Separate utility meters shall not be permitted.
11. Commercial parking lots when directly adjacent to the NC (Neighborhood Commercial) district and consistent with recommendations of an adopted specific plan; and
12. Any other uses deemed by the Planning and Zoning Commission to be in harmony with listed conditional uses and the purpose and intent of this district.
(Ord. Ordinance 8-2008, Amended, 06/18/2008)

SECTION 13.14.040 Uses Permitted Subject to a Planned Development
1. Recreational vehicle and travel trailer parks subject to the provisions of 13.28.010 through 13.28.040:
2. Manufactured home parks subject to the provisions of 13.29.010 through 13.29.030.
(Ord. Ordinance 8-2008, Amended, 06/18/2008)

SECTION 13.14.050 Maximum Development Densities
The maximum density in the RM districts shall be as follows:

District ThresholdDensity(du/net acre) Min. LotSize(Sq. Ft.) Max.Density(du/net acre)
RM-8 0-5.45 8,000 5.45
RM-6 0-7.26 6,000 7.26

(Ord. Ordinance 8-2008, Amended, 06/18/2008)

SECTION 13.14.060 General Development Standards
The following standards shall apply to all lots in the RM district;
1. Minimum dwelling unit size for bachelor, one-bedroom and two-bedroom multi-family units shall be 1,100 square feet for detached multi-family units, and 1,000 square feet for attached units. For three-bedroom multi-family units the minimum size shall be 1,200 square feet and for four-bedroom multi-family units the minimum size shall be 1,400 square feet all excluding garages and miscellaneous structures;
2. Maximum building height, 25 feet or two stories, whichever is less. Buildings over one story, or 18 feet in height shall not be permitted within 150 feet of an adjacent residentially used property unless separated by a public street or easement of no less than 60 feet in total width. Principal buildings may exceed the height limit by Conditional Use Permit;
3. Accessory structures shall not exceed one story in height;
4. Architectural features such as cornices, chimneys and bell towers may exceed the height limit;
5. Design review shall be required for projects of four or more homes;
6. Decorative walls or fences shall be required along the side and rear property lines of each home. Man-gates may be approved;
7. Minimum lot width for attached units shall be 100 feet. For single family detached units, the minimum lot width shall be 60 feet;
8. Minimum side yards for attached units shall be ten feet. For single family detached units the minimum side yards shall be five feet.
9. Minimum front yards shall be 15 feet, except the minimum setback of the face of a garage or carport shall be 20 feet. Front yard setbacks in subdivision developments may be reduced by 25% provided the average of all such setbacks is not less than the minimum required for the district;
10. Minimum rear yards shall be 15 feet. Accessory structures may be built at the rear property line, if that property line abuts a Milford City Alley way and care is taken to maintain a continuing drainage system that empties onto the subject property. Otherwise, accessory buildings may encroach into the rear yards, but in no case shall an accessory structure be closer than five feet to the rear property line
11. Maximum site coverage shall be 40%;
12. Parking area for one vehicle shall be required for each unit; and,
13. Each garage for detached units shall have a minimum bulk storage area of 160 cubic feet and each garage for attached units shall have a minimum bulk storage area of 90 cubic feet.
(Ord. Ordinance 8-2008, Amended, 06/18/2008)

SECTION 13.14.070 Applicable Regulations
13.26.010 through 13.26.070 - Home occupations
13.27.010 through 13.27.070 - In-Home Day Care
13.30.010 through 13.30.030 - Keeping of Horses, Other Large Animals and Farm Animals
13.31.010 through 13.31.030 - Fencing and Walls
13.32.010 through 13.32.080 - Vehicular Parking, Loading and Maneuvering Areas
13.33.010 through 13.33.030 - Landscaping
13.34.010 through 13.34.060 - Yards and Setbacks
13.35.010 through 13.35.100 - Design Review and Site Plan Review
(Ord. Ordinance 8-2008, Amended, 06/18/2008)

CHAPTER 13.15
Multiple Residential Districts (MR)
SECTIONs:
13.15.010 Intent and Purpose
13.15.020 Permitted Uses
13.15.030 Conditional Uses
13.15.040 Prohibited Uses
13.15.050 Maximum Development Densities
13.15.060 General Development Standards
13.15.070 Applicable Regulations
SECTION 13.15.010 Intent and Purpose
The multiple residential designation allows multi-family developments of apartments, condominiums, and other multi-family units.

SECTION 13.15.020 Permitted Uses
The following are permitted uses in any MR district:
1. All uses permitted in the RM district;
2. Apartments;
3. Condominiums;
4. Senior housing;
5. Family food production; and
6. Any other uses deemed by the Planning and Zoning Commission to be in harmony with listed permitted uses and the purpose and intent of this district.

SECTION 13.15.030 Conditional Uses
The following uses may be permitted subject to a conditional use permit:
1. All uses subject to a conditional use permit in the RM district; and
2. Any other uses deemed by the Planning and Zoning Commission to be in harmony with listed conditional uses and the purpose and intent of this district.

SECTION 13.15.040 Prohibited Uses
The following are specifically prohibited in this district:
1. Commercial uses;
2. Industrial uses

SECTION 13.15.050 Maximum Development Densities
The maximum density in the MR district shall be as follows:

District ThresholdDensity(du/net acre) Min. LotSize(Sq. Ft.) Max.Density (du/net acre)
MR-7 0-7 n/a 7.0
MR-15 0-15 n/a 15.0
MR-30 0-30 n/a 30.0

SECTION 13.15.060 General Development Standards
The following standards shall apply to all lots in the MR district;
1. Minimum dwelling unit size, studio/one bedroom multi-family unit - 800 square feet, two bedrooms multi-family unit - 900 square feet, three bedroom multi-family unit - 1,200 square feet, four or more bedroom multi-family unit - 1,400 square feet; excluding garages and miscellaneous structures.
2. Maximum building height, 35 feet or three stories, whichever is less. Buildings over one story, or 18 feet, in height shall not be permitted within 150 feet of an adjacent residentially used property unless separated by a public street or easement of no less than 60 feet in total width. Principal buildings may exceed the height limit by Conditional Use Permit;
3. Accessory structures shall not exceed one story in height;
4. Architectural features such as cornices, chimneys and bell towers may exceed the height limit;
5. Design review shall be required for projects of four or more units;
6. Decorative walls shall be required along side and rear property lines. No access gates shall be constructed through said walls or fences.
7. Minimum lot area for attached units shall be 7,500 square feet. For single family detached units, the minimum lot area shall be 4,500 square feet;
8. Minimum lot width for attached units shall be 100 feet. For single family detached units, the minimum lot width shall be 50 feet;
9. Minimum front yards shall be twice or shall be 1/2 the height of adjacent structures or ten feet, whichever is greater;
10. Minimum rear yards shall be twice or shall be 1/2 the height of adjacent structures or ten feet, whichever is greater;
11. Minimum side yards for attached units shall be 1/2 the height of adjacent structures or ten feet, whichever is greater. For single family detached units the minimum side yards shall be five feet;
12. Maximum site coverage shall be 50%;
13. Parking area for one vehicle shall be required for each unit; and,
14. Common useable open space shall be provided at a minimum rate of 350 square feet per unit. Driveways and parking areas are excluded from useable open space.

SECTION 13.15.070 Applicable Regulations
13.26.010 through 13.26.070 - Home occupations
13.27.010 through 13.27.070 - In-Home Day Care
13.30.010 through 13.30.030 - Keeping of Horses, Other Large Animals and Farm Animals
13.31.010 through 13.31.030 - Fencing and Walls
13.32.010 through 13.32.080 - Vehicular Parking, Loading and Maneuvering Areas
13.33.010 through 13.33.030 - Landscaping
13.34.010 through 13.34.060 - Yards and Setbacks
13.35.010 through 13.35.100 - Design Review and Site Plan Review

CHAPTER 13.16
Designation of Commercial Districts
SECTIONs:
13.16.010 Intent and Purpose
SECTION 13.16.010 Intent and Purpose
The purpose of the commercial districts in the zoning regulations is to achieve the following:
1. To reserve appropriately located areas for retail stores, offices, service establishments, and businesses, which offer goods and services;
2. To provide opportunities for retail stores, offices, service establishments, and recreational establishments to concentrate for the convenience of the public and in mutually beneficial relationship to each other;
3. To provide adequate space to meet the needs of modern and traditional commercial development;
4. To protect commercial properties from noise, odor, dust, dirt, smoke, vibration, heat, glare, heavy truck traffic, and other objectionable influences incidental to industrial uses;
5. To protect commercial properties from fire, explosion, noxious fumes, and other hazards.
6. To permit land uses and appurtenant facilities which are compatible with each commercial land use category.
7. To inspire superior site planning and environmental design.

CHAPTER 13.17
Main Street Commercial Districts (MSC)
SECTIONs:
13.17.010 Intent and Purpose
13.17.020 Permitted Uses
13.17.030 Conditional Uses
13.17.040 Maximum Development Densities
13.17.050 General Development Standards
13.17.060 Applicable Regulations
SECTION 13.17.010 Intent and Purpose
The MSC designation is intended to provide for single residences, traditional merchandising, home occupation, and retailing establishments that serve the needs of the local residents.

SECTION 13.17.020 Permitted Uses
The following are permitted uses in any Main Street district:
1. Medical offices or clinics;
2. Administrative, business or professional offices;
3. Single Family Residence
4. Home Occupations
5. Personal service establishments including, but not limited to, beauty or barber shops, photography studios, shoe repair, dry cleaners, Laundromats, tailors, dressmaking shops or pet grooming;
6. Retail stores including, but not limited to, nurseries, grocery stores, convenience markets, appliance or furniture stores, bookshops, drugstores, florist shops, hardware stores, clothing stores, variety stores, or shoe shops;
7. Delicatessens, bakeries, or walk-in restaurants, high or low turnover;
8. Banks, financial institutions or savings and loan institutions;
9. Antique shops;
10. Day care centers;
11. Public parks or recreational facilities;
12. Museums, art galleries or botanical gardens;
13. Wholesaling, secondary and appurtenant to a retail outlet;
14. Clubs, lodges or halls;
15. Household appliance repair including, but not limited to, refrigerators, washers, dryers, televisions or radios;
16. Outdoor storage, when completely screened from public right-of-way, including, but not limited to, contractors yards, vehicle storage, lumber yards, construction supplies, equipment rental yards;
17. Bars and nightclubs;
18. All uses permitted in the RM district; and
19. Any other uses deemed by the Planning and Zoning Commission to be in harmony with listed permitted uses and the purpose and intent of this district.

SECTION 13.17.030 Conditional Uses
The following uses may be permitted subject to a conditional use permit;
1. Hospitals, convalescent hospitals, skilled nursing facilities, congregate care facilities;
2. Hotels or motels;
3. Mortuary;
4. Public or private schools or educational institutions;
5. Public utility structures;
6. Auto related uses including, but not limited to, repair garages, gasoline/service stations, drive through restaurants or markets or car washes;
7. New or used vehicle sales with appurtenant auto repair;
8. Multi-family residential developed to the MR standards;
9. Pawnbroker shops;
10. Thrift shops or secondhand dealerships;
11. Licensed "community care facilities" including: Residential facility; adult day care; day treatment; social rehabilitation facility; community treatment facility;
12. Churches
13. Amusement and recreation establishments including, but not limited to, theaters, billiard parlors, bowling alleys, or amusement arcades;
14. All uses subject to conditional use permit in the RM district; and
15. Any other uses deemed by the Planning and Zoning Commission to be in harmony with listed conditional uses and the purpose and intent of this district.

SECTION 13.17.040 Maximum Development Densities
Main Street Commercial lots may be developed to the maximum extent so long as all other applicable regulations are satisfied.

SECTION 13.17.050 General Development Standards
1. Minimum street frontage setback shall be ten feet;
2. Minimum rear setback shall be ten feet, or twice the height of the building, whichever is greater, where abutting a residentially zoned property, otherwise no setback is required;
3. Minimum side setback shall be ten feet, or twice the height of the building, whichever is greater, where abutting a residentially zoned property, otherwise no setback is required;
4. All setbacks shall be landscaped;
5. Maximum building height, 35 feet or two stories, whichever is less. Buildings over one story, or 18 feet, in height shall not be permitted within 150 feet of an adjacent residentially zoned property unless separated by a public street or easement of no less than 50 feet in total width.
6. Accessory structures shall not exceed one story in height;
7. Architectural features such as cornices, chimneys and bell towers may exceed the height limit;
8. Design review shall be required for all structures;

SECTION 13.17.060 Applicable Regulations
13.24.010 through 13.27.080 - Public Uses
13.31.010 through 13.31.030 - Fencing and Walls
13.32.010 through 13.32.080 - Vehicular Parking, Loading and Maneuvering Areas
13.33.010 through 13.33.030 - Landscaping
13.34.010 through 13.34.060 - Yards and Setbacks
13.35.010 through 13.35.100 - Design Review and Site Plan Review

CHAPTER 13.18
Highway Commercial District (HC)
SECTIONs:
13.18.010 Intent and Purpose
13.18.020 Permitted Uses
13.18.030 Conditional Uses
13.18.040 Maximum Development Intensities
13.18.050 General Development Standards
13.18.060 Applicable Regulations
SECTION 13.18.010 Intent and Purpose
The HC designation is intended to provide for the development of retail and commercial establishments which will serve the needs of the traveling public.

SECTION 13.18.020 Permitted Uses
The following are permitted uses in any HC district:
1. Medical offices or clinics;
2. Administrative, business or professional offices;
3. Personal service establishments including, but not limited to, beauty or barber shops, dry cleaners, Laundromats;
4. Retail stores including, but not limited to, grocery stores, convenience markets, appliance or furniture stores, bookshops, drugstores, florist shops, hardware stores, clothing stores, variety stores, or shoe shops;
5. Delicatessens, bakeries, or walk-in restaurants, high or low turnover;
6. Banks, financial institutions or savings and loan institutions;
7. Amusement and recreation establishments including, but not limited to, theaters, billiard parlors, bowling alleys, or amusement arcades;
8. Health clubs or spas;
9. Bars or nightclubs;
10. Hotels or Motels;
11. Auto related uses including, but not limited to, repair garages, gasoline/service stations, drive through restaurants or markets or car washes;
12. New vehicle sales with appurtenant used vehicle sales or auto repair;
13. Public parks or recreational facilities;
14. Museums or art galleries;
15. Wholesaling, secondary and appurtenant to a retail outlet;
16. Outdoor storage, when completely screened from public right-of-way, including, but not limited to, contractors yards, vehicle storage, lumber yards, construction supplies, vehicle storage, equipment rental yards;
17. Antique Shops;
18. All uses permitted in the RM district; and
19. Any other uses deemed by the Planning and Zoning Commission to be in harmony with listed permitted uses and the purpose and intent of this district.

SECTION 13.18.030 Conditional Uses
The following uses may be permitted subject to a conditional use permit:
1. Mortuary;
2. Public utility structures;
3. Used vehicle sales;
4. Multi-family residential developed to the MR standards;
5. Pawnbroker shops;
6. Thrift shops or secondhand dealerships.
7. Licensed "community care facilities" including: residential facility; adult day care; day treatment; social rehabilitation facility; community treatment facility;
8. Bailbonds;
9. Fortunetelling, per 13.25.010 through 13.25.080;
10. Swap meets, indoor, per 13.25.010 through 13.25.080;
11. All uses subject to a conditional use permit in the RM district; and
12. Any other uses deemed by the Planning and Zoning Commission to be in harmony with listed conditional uses and the purpose and intent of this district.

SECTION 13.18.040 Maximum Development Intensities
Maximum lot coverage is 40%, subject to all other applicable regulations.

SECTION 13.18.050 General Development Standards
1. Minimum street frontage setback shall be set by design review, but in no instance shall be less than 20 feet;
2. Minimum rear setback shall be 20 feet where abutting a residentially zoned property, otherwise no setback is required;
3. Minimum side setback shall be 20 feet where abutting a residentially zoned property, otherwise no setback is required;
4. All setbacks shall be landscaped;
5. Maximum building height, 50 feet or three stories, whichever is less. Buildings over one story, or 18 feet, in height shall not be permitted within 150 feet of an adjacent residentially zoned property unless separated by a public street or easement of no less than 50 feet in total width.
6. Accessory structures shall not exceed one story in height;
7. Architectural features such as cornices, chimneys and bell towers may exceed the height limit;
8. Design review shall be required for all structures;
9. Where any HC district abuts any residential district, a wall at least six feet in height, or appropriate landscaping, shall be located adjoining the property line, except adjoining a required front yard. This height may increase by design review depending on the use.

SECTION 13.18.060 Applicable Regulations
13.23.010 through 13.23.080 - Special Uses
13.24.010 through 13.24.080 - Public Uses
13.31.010 through 13.31.030 - Fencing and Walls
13.32.010 through 13.32.070 - Vehicular Parking, Loading and Maneuvering Areas 13.33.010 through 13.33.030 - Landscaping
13.34.010 through 13.34.060 - Yards and Setbacks
13.35.010 through 13.35.100 - Design Review and Site Plan Review
13.44.010 through 13.44.080 - Combining Overlay District

CHAPTER 13.19
Designation of Industrial and Manufacturing Districts
SECTIONs:
13.19.010 Purpose
SECTION 13.19.010 Purpose
The industrial districts are included in the zoning regulations to achieve the following purposes;
1. To allow for the manufacture, distribution and service of products;
2. To allow for research and development facilities which will enable high caliber technological centers to develop in a manner compatible with the intended character of the community;
3. To ensure the proper development of the community as indicated within the city's general plan;
4. To prevent undue industrialization from occurring at the expense of the traditional nature of the community;
5. To protect areas appropriate for industrial use from intrusion by dwellings and other inharmonious uses;
6. To protect residential and commercial properties and to protect nuisance-free, non-hazardous industrial uses from noise, odor, insect nuisance, dust, dirt, smoke, vibration, heat and cold, glare, truck and rail traffic, and other objectionable influences, and from fire, explosion, noxious fumes, radiation, and other hazards incidental to certain industrial uses;
7. To provide opportunities for certain types of industrial facilities to concentrate in mutually beneficial relationship to each other.
8. To provide adequate space to meet the needs of modern industrial development, including off-street parking and truck loading areas and landscaping;
9. To provide sufficient open space around industrial structures to protect them from the hazard of fire and to minimize the impact of industrial plants on nearby residential or commercial zones;
10. To minimize traffic congestion.

CHAPTER 13.20
Industrial Park District (IP)
SECTIONs:
13.20.010 Intent and Purpose
13.20.020 Permitted Uses
13.20.030 Conditional Uses
13.20.040 Maximum Development Intensities
13.20.050 General Development Standards
13.20.060 Applicable Regulations
SECTION 13.20.010 Intent and Purpose
The IP designation is intended to permit more intensive types of industrial operations and facilities.

SECTION 13.20.020 Permitted Uses
The following are permitted uses in any IP district:
1. Administrative, business or professional offices;
2. Public parks or recreational facilities;
3. Research and development facilities;
4. Day care centers;
5. Light industrial including, but not limited to, auto body and paint shops, machine or tool and dye shops, cabinet or woodworking shops, framing, furniture shops, windshield repair, product service center, or engine rebuilding shops.
6. Distribution or trucking uses including parcel service delivery depot;
7. Assembly including, but not limited to, clothing, electrical appliances, electronic or electrical instruments, radios, phonographs, toys, novelties, heating and ventilating ducts, or signs;
8. Public utility structures
9. Wholesaling;
10. Auto related uses including, but not limited to, repair garages, gasoline/service stations or car washes;
11. Veterinary hospitals;
12. Warehousing or storage
13. Mini-storage;
14. Household appliance repair including, but not limited to, refrigerators, washers, dryers, televisions or radios;
15. Outdoor storage, when completely screened from public right-of-way, including, but not limited to, contractors yards, vehicle storage, lumber yards, construction supplies, vehicle storage, equipment rental yards;
16. Landscape nurseries;
17. Cleaning, dyeing or laundry plants;
18. Retailing, secondary and appurtenant to a wholesale or manufacturing outlet;
19. Salvage or recycling buy-back collection centers
20. Radio or television broadcast stations or cable television facilities; and
21. Any other uses deemed by the Planning and Zoning Commission to be in harmony with listed permitted uses and the purpose and intent of this district.

SECTION 13.20.030 Conditional Uses
The following uses may be permitted subject to a conditional use permit:
1. Medical Offices or clinics;
2. Personal service establishments including, but not limited to, beauty or barber shops, locksmiths, photography studios, shoe repair, dry cleaners, Laundromats, tailors, or dressmaking shops;
3. Retail stores including, but not limited to, grocery stores, convenience markets, appliance or furniture stores, bookshops, drugstores, florist shops, hardware stores, clothing stores, variety stores, or shoe shops;
4. Check cashing;
5. Antique shops;
6. Hotels or motels;
7. Public utility structures;
8. Licensed "community care facilities" including: Residential facility; adult day care; day treatment; social rehabilitation facility; community treatment facility.
9. Heavy industrial and manufacturing uses including, but not limited to, assaying, ceramics, pottery, statuary, ink, polish, enamel, sandblasting, wallboard or glass (no blast furnace), blast furnaces as an accessory use to a permitted or conditional use and other uses which will not be obnoxious or offensive by reason of emission of odor, dust, smoke, gas, noise, vibration or other similar causes detrimental to the public health, safety or general welfare;
10. Furniture making & upholstery shops;
11. Mortuary;
12. Animal boarding kennels or shelters;
13. Materials recovery facility or transfer faculty/station which will not be obnoxious or offensive by reason of emission of odor, dust, smoke, gas, noise, vibration or other similar causes detrimental to the public health, safety or general welfare; and
14. Any other uses deemed by the Planning and Zoning Commission to be in harmony with listed conditional uses and the purpose and intent of this district.

SECTION 13.20.040 Maximum Development Intensities
Maximum lot coverage is 50%. Minimum center size is 15 acres.

SECTION 13.20.050 General Development Standards
1. Minimum center street frontage shall be 100 feet;
2. Minimum center depth shall be 200 feet;
3. Minimum street frontage setback shall be 20 feet;
4. Minimum rear setback shall be 20 feet where abutting a residentially zoned property, otherwise no setback is required;
5. Minimum side setback shall be 20 feet where abutting a residentially zoned property, otherwise no setback is required;
6. All setbacks shall be landscaped;
7. Maximum building height, 35 feet or three stories, whichever is less. Buildings over one story, or 18 feet, in height shall not be permitted within 150 feet of an adjacent residentially zoned property unless separated by a public street or easement of no less than 50 feet in total width.
8. Accessory structures shall not exceed one story in height,
9. Architectural features such as cornices, chimneys and bell towers may exceed the height limit;
10. Design review shall be required for all structures;
11. A satellite dish may not be wholly visible from a public or private street except that it may project above a legally established wall by not more than three feet, but not to exceed ten feet in overall height measured from the overall grade of the lot.
12. Where any future proposed IP use abuts any residential district, a wall at least six feet in height, or appropriate landscaping, shall be located adjoining the property line, except adjoining a required front yard. This height may increase by design review depending on the use.

SECTION 13.20.060 Applicable Regulations
13.23.010 through 13.23.080 - Special Uses
13.24.010 through 13.24.080 - Public Uses
13.31.010 through 13.31.030 - Fencing and Walls
13.32.010 through 13.32.080 - Vehicular Parking, Loading and Maneuvering Areas
13.33.010 through 13.33.030 - Landscaping
13.34.010 through 13.34.060 - Yards and Setbacks
13.35.010 through 13.35.060 - Design Review and Site Plan Review
13.42.010 through 13.42.080 - Combining Overlay District

CHAPTER 13.21
Manufacturing District (M)
SECTIONs:
13.21.010 Intent and Purpose
13.21.020 Permitted Uses
13.21.030 Conditional Uses
13.21.040 Maximum Development Intensities
13.21.050 General Development Standards
13.21.060 Applicable Regulations
SECTION 13.21.010 Intent and Purpose
The M designation is intended to permit the most intensive types of industrial operations and facilities.

SECTION 13.21.020 Permitted Uses
The following are permitted uses in any M district:
1. Administrative, business or professional offices;
2. Research and development facilities;
3. Light industrial including, but not limited to, auto body and paint shops, cabinet or woodworking shops, framing, furniture shops, windshield repair, product service center, or engine rebuilding shops.
4. Public parks or recreational facilities;
5. Day care centers;
6. Distribution or trucking uses including parcel service delivery depot;
7. Assembly including, but not limited to, clothing, electrical appliances, electronic or electrical instruments, radios, phonographs, toys, novelties, heating and ventilating ducts, or signs;
8. Public utility structures
9. Wholesaling;
10. Auto related uses including, but not limited to, repair garages, gasoline/service stations or car washes;
11. Veterinary hospitals;
12. Warehousing or storage;
13. Mini-storage;
14. Household appliance repair including, but not limited to, refrigerators, washers, dryers, televisions or radios;
15. Outdoor storage, when completely screened from public right-of-way, including, but not limited to, contractors yards, vehicle storage, lumber yards, construction supplies, vehicle storage, equipment rental yards;
16. Cleaning, dyeing or laundry plants;
17. Retailing, secondary and appurtenant to a wholesale or manufacturing outlet;
18. Salvage or recycling buy-back collection centers;
19. Radio or television broadcast stations or cable television facilities;
20. Furniture upholstery shops;
21. Mortuary;
22. Animal boarding kennels or shelters;
23. Railroad related loading and distribution activities;
24. Batch plants;
25. Bus, rail or rapid transit depot or station; and
26. Any other uses deemed by the Planning and Zoning Commission to be in harmony with listed permitted uses and the purpose and intent of this district.

SECTION 13.21.030 Conditional Uses
The following uses may be permitted subject to a conditional use permit:
1. Medical Offices or clinics;
2. Personal service establishments including, but not limited to, beauty or barber shops, locksmiths, photography studios, shoe repair, dry cleaners, Laundromats, tailors, or dressmaking shops;
3. Places of worship;
4. Clubs, lodges or halls;
5. Heavy industrial and manufacturing uses including, but not limited to, assaying, ceramics, pottery, statuary, ink, polish, enamel, sandblasting, wallboard or glass (no blast furnace), blast furnaces as an accessory use to a permitted or conditional use and other uses which will not be obnoxious or offensive by reason of emission of odor, dust, smoke, gas, noise, vibration or other similar causes detrimental to the public health, safety or general welfare;
6. Materials recovery facility or transfer facility/station which will not be obnoxious or offensive by reason of emission of odor, dust, smoke, gas, noise, vibration or other similar causes detrimental to the public health, safety or general welfare;
7. Sand Pits;
8. Batch plants;
9. Secondary processing of raw mineral material; and
Any other uses deemed by the Planning and Zoning Commission to be in harmony with listed permitted uses and the purpose and intent of this district.

SECTION 13.21.040 Maximum Development Intensities
No maximum lot coverage. No minimum center size.

SECTION 13.21.050 General Development Standards
1. Minimum center street frontage shall be 100 feet;
2. Minimum center depth shall be 200 feet;
3. Minimum street frontage setback shall be 20 feet;
4. Minimum rear setback shall be 20 feet where abutting a residentially zoned property, otherwise no setback is required;
5. Minimum side setback shall be 20 feet where abutting a residentially zoned property, otherwise no setback is required;
6. All setbacks shall be landscaped;
7. Maximum building height, 35 feet or three stories, whichever is less. Buildings over one story, or 18 feet, in height shall not be permitted within 150 feet of an adjacent residentially zoned property unless separated by a public street or easement of no less than 50 feet in total width.
8. Accessory structures shall not exceed one story in height,
9. Architectural features such as cornices, chimneys and bell towers may exceed the height limit;
10. Design review shall be required for all structures;
11. Where any proposed M use abuts any residential district, a wall at least six feet in height, or appropriate landscaping, shall be located adjoining the property line, except adjoining a required front yard. This height may increase by design review depending on the use.

SECTION 13.21.060 Applicable Regulations
13.23.010 through 13.23.080 - Special Uses
13.24.010 through 13.24.080 - Public Uses
13.31.010 through 13.31.030 - Fencing and Walls
13.32.010 through 13.32.070 - Vehicular Parking, Loading and Maneuvering Areas
13.33.010 through 13.33.030 - Landscaping
13.34.090 through 13.34.190 - Yards and Setbacks
13.35.010 through 13.35.060 - Design Review and Site Plan Review
13.42.010 through 13.42.080 - Combining Overlay District

CHAPTER 13.22
Open Space District (OS)
SECTIONs:
13.22.010 Purpose
13.22.020 Permitted Uses
13.22.030 Conditional Uses
13.22.040 Maximum Development Intensities
13.22.050 General Development Standards
13.22.070 Applicable Regulations
SECTION 13.22.010 Purpose
The OS designation provides for the protection and preservation of sensitive environments.

SECTION 13.22.020 Permitted Uses
1. Trails;
2. Picnic facilities;
3. Public parks or recreational facilities;
4. Equestrian staging and stabling; and
5. Any other uses deemed by the Planning and Zoning Commission to be in harmony with listed permitted uses and the purpose and intent of this district.

SECTION 13.22.030 Conditional Uses
The following uses may be permitted subject to a conditional use permit:
1. Single family homes;
2. Public or private golf courses; and
3. Any other uses deemed by the Planning and Zoning Commission to be in harmony with listed conditional uses and the purpose and intent of this district.

SECTION 13.22.040 Maximum Development Intensities
Single family residential is allowed at a density of one unit per 20 acres. Density may be further constrained in areas having slopes greater than 15%. Cluster development will be encouraged. The intensity of non-residential facilities will be determined on a case by case basis based on the compatibility of the proposed use with existing or proposed uses surrounding the site.

SECTION 13.22.050 General Development Standards
Determined on a case by case basis based on the compatibility of the proposed use with existing or proposed uses surrounding the site.

SECTION 13.22.070 Applicable Regulations
13.23.010 through 13.23.080 - Special Uses
13.24.010 through 13.24.080 - Public Uses
13.31.010 through 13.31.030 - Fencing and Walls
13.32.010 through 13.32.070 - Vehicular Parking, Loading and Maneuvering Areas
13.33.010 through 13.33.030 - Landscaping
13.34.090 through 13.34.190 - Yards and Setbacks
13.35.010 through 13.35.060 - Design Review and Site Plan Review
13.42.010 through 13.42.080 - Combining Overlay District

CHAPTER 13.23
Special Uses
SECTIONs:
13.23.010 Purpose
13.23.020 Special Use Permit Required
13.23.030 Application and Filing Fee
13.23.040 Uses Permitted Subject to Special Use Permit
13.23.050 Decision
13.23.060 Appeals of Decision
13.23.070 Conditions
13.23.080 Revocation
SECTION 13.23.010 Purpose
The purpose of this title is to permit and regulate uses which by their nature require an increased level of regulation to ensure that they do not become detrimental to the health, safety and public welfare of the community.

SECTION 13.23.020 Special Use Permit Required
No use mentioned in this title shall be permitted, engaged or commenced until a written permit therefore has been obtained from Milford City. Depending on the zone, certain of these uses may also require a conditional use permit.

SECTION 13.23.030 Application and Filing Fee
Application for a special use permit may be made by the property owner or his authorized agent. The application shall be filed with the Milford City office personnel who shall charge and collect a filing fee for each application, as determined by resolution of the City Council.

SECTION 13.23.040 Uses Permitted Subject to Special Use Permit
1. Fortunetelling.
2. Swap Meets.
3. Outdoor Vending.
4. Display of Merchandise Out of Doors.
5. Amusement Devises
6. Certified Farmers Markets
7. Roadside Stands.

SECTION 13.23.050 Decision
Application for a special use permit shall be reviewed by the Zoning Administration. The Zoning Administration shall approve, conditionally approve or disapprove such application. Said permit shall be approved only if it has been found that such proposed use, under the conditions imposed, will not have an adverse effect on the use of public or private property in the neighborhood of the proposed use or upon the public health, safety, or general welfare. No formal public hearings need be conducted nor any notice given except to the applicant in connection with the granting or denial of such a permit.

SECTION 13.23.060 Appeals of Decision
The applicant may appeal the decision of the Zoning Administrator to the Planning and Zoning Commission within 15 days after such action or decision in which case the Planning and Zoning Commission shall have to power of denying or granting such permit and setting forth any applicable conditions relating thereto. No formal public hearing need be conducted nor any notice given except to the applicant in connection with the granting or denial of such a permit.

SECTION 13.23.070 Conditions
Milford City may impose any conditions necessary to assure that said temporary use permit will not adversely affect adjoining properties, public or private, or the public health, safety and general welfare.

SECTION 13.23.080 Revocation
Milford City may revoke a special use permit for violations of conditions of approval or, if it has been found that the continuance of said use is a nuisance or a danger to the public health, safety or general welfare. Said revocation may be appealed in the manner prescribed in 13.23.060.

CHAPTER 13.24
Public Uses
SECTIONs:
13.24.010 Purpose
13.24.020 Public Use Permit Required
13.24.030 Application and Filing Fee
13.24.040 Uses Permitted Subject to Public Use Permit
13.24.050 Decision
13.24.060 Appeals of Decision
13.24.070 Conditions
13.24.080 Revocation
SECTION 13.24.010 Purpose
The purpose of this subtitle is to permit and regulate uses which by their nature may be permitted in any zone because they are necessary to enhance the health, safety and public welfare of the community.

SECTION 13.24.020 Public Use Permit Required
No use mentioned in this subtitle shall be permitted, engaged or commenced until a written permit therefore has been obtained from Milford City. Depending on the zone, certain of these uses may also require a conditional use permit.

SECTION 13.24.030 Application and Filing Fee
Application for a public use permit may be made by the property owner or his authorized agent. The application shall be filed with the City Recorder who shall charge and collect a filing fee for each application, as determined by resolution of the City Council.

SECTION 13.24.040 Uses Permitted Subject to Public Use Permit
1. Public parks or recreational facilities;
2. Museums, art galleries, or botanical gardens;
3. Public or private schools or educational institutions;
4. Day care centers;
5. Community centers;
6. Fire Stations;
7. Police or sheriff stations;
8. Post offices;
9. Libraries;
10. Public utility structures;
11. Switching stations;
12. Communications facilities;
13. Well sites;
14 Reservoirs;
15. Canals;
16. Drainage channels.
17. Hospitals;
18. Licensed "community care facilities" including: Residential facility; adult day care; day treatment; social rehabilitation facility; community treatment facility.

SECTION 13.24.050 Decision
Application for a public use permit shall be reviewed by Milford City. City Council shall approve, conditionally approve or disapprove such application. Said permit shall be approved only if it has been found that such proposed use, under the conditions imposed, will not have an adverse effect on the use of public or private property in the neighborhood of the proposed use or upon the public health, safety, or general welfare. No formal public hearings need be conducted nor any notice given except to the applicant in connection with the granting or denial of such a permit.

SECTION 13.24.060 Appeals of Decision
The applicant may appeal the decision of the City to the Board of Adjustment within 10 days after such action or decision in which case the Board of Adjustment shall have to power of denying or granting such permit and setting forth any applicable conditions relating thereto.

SECTION 13.24.070 Conditions
The City Council may impose any conditions necessary to assure that said temporary use permit will not adversely affect adjoining properties, public or private, or the public health, safety and general welfare.

SECTION 13.24.080 Revocation
The City Council may revoke a public use permit for violations of conditions of approval or, if it has been found that the continuance of said use is a nuisance or a danger to the public health, safety or general welfare. Said revocation may be appealed in the manner prescribed in 13.24.060.

CHAPTER 13.25
Temporary Uses
SECTIONs:
13.25.010 Purpose
13.25.020 Temporary Use Permit Required
13.25.030 Application and Filing Fee
13.25.040 Uses Permitted Subject to Temporary Use Permit
13.25.050 Decision
13.25.060 Appeals of Decision
13.25.070 Conditions
13.25.080 Revocation
SECTION 13.25.010 Purpose
The purpose of this subtitle is to permit and regulate uses which by their nature are for temporary periods and are not detrimental to the health, safety and public welfare of the community.

SECTION 13.25.020 Temporary Use Permit Required
No use mentioned in this title shall be permitted, engaged or commenced until a written permit therefore has been obtained from the Zoning Administrator. Depending on the zone, certain of these uses may also require a conditional use permit.

SECTION 13.25.030 Application and Filing Fee
Application for a temporary use permit may be made by the property owner or his authorized agent. The application shall be filed with the Milford City Treasurer who shall charge and collect a filing fee for each application, as determined by resolution of the City Council.

SECTION 13.25.040 Uses Permitted Subject to Temporary Use Permit
The following uses require a temporary use permit:
1. Carnivals, circuses, animal rides, animal displays and amusement rides.
A. May be permitted for a period of ten days in any calendar year, and such activity may be permitted for up to seven consecutive days at any one time.
B. These uses are subject to City Council approval.
C. Such events may be held at locations as approved by the City Council.
D. Application shall be made no less than 30 days prior to the date of commencement of the proposed use.
2. Christmas tree sales lots may be permitted by the City subject to the Following minimum conditions:
A. Compliance with fugitive dust regulations;
B. Compliance with sign regulations;
C. Building Official approval of temporary lighting;
D. Provisions for maintenance and clean-up;
E. Application shall be made no less than 15 days prior to the date of commencement of the proposed use;
3. Temporary parking lots may be permitted by the City subject to the following minimum conditions;
A. Duration of use not to exceed a total of 20 days over a one year period;
B. Compliance with fugitive dust regulations;
C. Building Official approval of temporary lighting;
D. No more than one sign not to exceed ten square feet shall be permitted on the site;
E. No overnight camping;
F. Provisions for maintenance and clean-up;
G. Application shall be made no less than 15 days prior to the date of commencement of the proposed use.
4. Rummage sales, sidewalk sales or outdoor sales sponsored by one or more merchants or by a non-profit organization may be permitted by the Zoning Administrator at stores, garages, churches, assembly halls or other locations subject to the following minimum conditions:
A. Duration of use not to exceed ten days;
B. No more than six events per year shall be permitted;
C. There shall be a minimum of 30 days between events;
D. No more than one sign not to exceed six square feet shall be permitted on the site.
E. Application shall be made no less than seven days prior to the date of commencement of the proposed use.
5. Garage or yard sales may be permitted by the City subject to the following minimum conditions:
A. Duration of use not to exceed two days;
B. There shall be a minimum of 30 days between events;
C. No more than one sign not to exceed six square feet shall be permitted on the site;
D. Merchandise shall be restricted to private property of the owner or tenant of the residence;
E. Application shall be made no less than 24 hours prior to the date of commencement of the proposed use.
6. Temporary buildings or storage facilities for the housing of tools, equipment and materials, or containing supervisory offices in connection with major construction projects may be permitted by the City subject to the Following minimum conditions:
A. Such temporary facilities may not be maintained for a period to exceed one year, unless a new permit has been obtained from the City;
B. Building Official approval is required;
C. Use must be discontinued upon completion of the project;
D. Application shall be made no less than 15 days prior to the date of commencement of the proposed use.
7. Real estate sales offices may be permitted by the City subject to the following minimum conditions:
A. No more than one temporary real estate office may be located on any new subdivision in any zone;
B. Building Official approval is required;
C. Such office shall be removed at the end of one year, unless a new permit has been obtained from the City;
D. Said real estate office to be erected only for use in sale of homes or parcels within the subdivision in which it is located;
E. Use must be discontinued upon completion of the project;
F. Application shall be made no less than 15 days prior to the date of commencement of the proposed use.
8. Other uses as the City may consider to be within the intent and purpose of this subtitle may be permitted.

SECTION 13.25.050 Decision
Application for a temporary use permit shall be reviewed by the City office staff or recorder. The City shall approve, conditionally approve or disapprove such application. Said permit shall be approved only if it has been found that such proposed use, under the conditions imposed, will not have an adverse effect on the use of public or private property in the neighborhood of the proposed use or upon the public health, safety, or general welfare. No formal public hearings need be conducted nor any notice given except to the applicant in connection with the granting or denial of such a permit.

SECTION 13.25.060 Appeals of Decision
The applicant may appeal the decision of the City office staff to the Planning and Zoning Commission within 15 days after such action or decision in which case the Planning and Zoning Commission shall have to power of denying or granting such permit and setting forth any applicable conditions relating thereto. No formal public hearing need be conducted nor any notice given except to the applicant in connection with the granting or denial of such a permit.

SECTION 13.25.070 Conditions
The City office staff may impose any conditions necessary to assure that said temporary use permit will not adversely affect adjoining properties, public or private, or the public health, safety and general welfare.

SECTION 13.25.080 Revocation
The City office staff may revoke a tempory use permit for violations of conditions of approval or, if it has been found that the continuance of said use is a nuisance or a danger to the public health, safety or general welfare. Said revocation may be appealed in the manner prescribed in 13.25.060.

CHAPTER 13.26
Home Occupations
SECTIONs:
13.26.010 Purpose
13.26.020 Regulations
13.26.030 Business License Required
13.26.040 Term and Renewal
13.26.050 Revocation
13.26.060 Appeals
13.26.070 Permitted Home Occupations
SECTION 13.26.010 Purpose
This title is intended to provide for those uses customarily conducted entirely within a dwelling and carried on by its occupants. The use must be clearly incidental to the use of the dwelling and may not change the character thereof nor adversely affect the uses permitted in the district of which it is a part.

SECTION 13.26.020 Regulations
Home occupations allowed by the provisions of this title may be granted by the Planning Commission provided the home occupation complies with the following regulations:
1. There shall be no stock in trade other than products manufactured on the premises.
2. A home occupation shall be conducted entirely within a dwelling or accessory building occupying not more than 25% of the rear yard area of the residence, and shall be clearly incidental to the use of the structure as a dwelling.
3. There shall be no external alteration of the dwelling in which a home occupation is conducted, and the existence of a home occupation shall not be apparent beyond the boundaries of the site.
4. No one other than a resident of the dwelling and one other employee shall be employed in the conduct of a home occupation at any one time.
5. No mechanical, electrical equipment, or stock material shall be used other than that customarily found in the home associated with a hobby or a vocation not conducted for gain or profit except machinery, equipment or stock material which is essential in the conduct of the home occupation, providing that such machinery equipment or stock material does not generate, emit or create noise, dust, vibration, odor, smoke, glare, electrical interference, fire hazard or any other hazard or nuisance to any greater or more frequent extent than normally experienced in an average residential neighborhood.
6. A home occupation shall not create any radio or television interference or create noise audible beyond the boundaries of the site.
7. Customers or clients must park either in the driveway of the dwelling or in front of the dwelling only.
8. Vehicles:
A. The definition of a commercial vehicle, for the purposes of this title, unless indicated otherwise, is as a vehicle of a type required to be registered under the Utah Vehicle Code as a commercial vehicle and used or maintained for the transportation of persons for hire, compensation, or profit or designed, used or maintained primarily for the transportation of property used in the home occupation.
9. No more than 400 square feet of the dwelling area shall be used for the home occupation.
10. No open ground space shall be employed for home occupation or for storage of equipment, supplies or products, except the vehicle, and equipment, supplies or products stored within the vehicle, employed by the home occupation.
11. There shall be no use of utilities or community facilities beyond that normal to the use of the property.
12. The conduct of any home occupation including, but not limited to the storage of goods and equipment, shall not reduce or render unusable areas required for off-street parking.

SECTION 13.26.030 Business License Required
Application for a home occupation use permit shall be made to the City through the business license process. The City shall consent to issuance of a business license upon determining that the Planning Commission has approved the Home Occupation.

SECTION 13.26.040 Term and Renewal
All business licenses for home occupations shall continue in existence and shall be renewed on a year-to-year basis unless the City denies renewal in accordance with the provisions of this title.

SECTION 13.26.050 Revocation
When any home occupation results in an undesirable condition interfering with the general welfare of the surrounding community, the Planning Commission may initiate revocation of the business license.

SECTION 13.26.060 Appeals
Any decision of the City may be appealed to the Board of Adjustment in the manner prescribed in 13.24.060.

SECTION 13.26.070 Permitted Home Occupations
1. Consultative, professional and sales occupations including, but not limited to:
A. Accountant;
B. Architect, draftsman, etc.;
C. Artist;
D. Author;
E. Contracting service;
F. Engineers;
G. Insurance agent;
H. Photographer;
I. Real estate agent or Realtor;
J. Sale of products or services to public or business firms;
K. Typist.
2. Customary home occupations including, but not limited to:
A. Handicrafts;
B. Dress making and designing;
C. Millinery;
D. Laundering;
E. Preserving and home cooking;
F. Seamperson
G. Ironing and pressing;
H. One on one music instruction.
3. Maintenance services to homeowners and businesses including, but not limited to:
A. Pool maintenance;
B. Gardening;
C. Carpet cleaning;
D. Painting;
E. Handyperson.
4. Production and assembling of small quantities of goods including, but not limited to:
A. Drapes;
B. Clothing;
C. Furniture
D. Games;
E. Jewelry;
F. Knick-knacks;
G. Macramé;
H. Novelties;
I. Potted plants;
J. Toys.

CHAPTER 13.27
In-Home Day Care
SECTIONs:
13.27.010 Purpose
13.27.020 Regulations
13.27.030 Required Permits
13.27.040 Term and Renewal
13.27.050 Revocation
13.27.060 Appeals
13.27.070 Applicable Regulations
SECTION 13.27.010 Purpose
This subtitle is intended to provide for child care conducted within a dwelling and carried on by its occupants. Although permitted by right in any residential district, in home day care must be clearly incidental to the use of the dwelling and may not change the character thereof nor adversely affect the uses permitted in the district of which it is a part. Small (1-6 children) family day care homes and Large (7-12 children) family day care homes are permitted in single family dwellings in all residential zones subject to the regulations of this title.

SECTION 13.27.020 Regulations
In home day care allowed by the provisions of this title shall be permitted by the City office staff, Planning Commission, recorder provided it complies with the following regulations:
1. In home day care shall be conducted entirely within a dwelling and its yards and shall be clearly incidental to the use of the structure as a dwelling.
2. There shall be no external alteration, for the benefit of the home occupation, of the dwelling in which a home occupation is conducted, and the existence of an in home day care shall not be apparent beyond the boundaries of the site.
3. Not more than two vehicle trips per child per day shall be created by patrons. Patron must park either in the driveway of the dwelling or in front of the dwelling only. Parking garages shall be maintained for parking purposes. A drop-off/pick-up area such as a driveway area or curb space shall be provided to minimize interference with traffic and promote the safety of children.
4. Fire safety items shall be required to be consistent with state and city standards.
5. All children shall be kept inside the home prior to 7:00 a.m.
6. All outdoor play areas shall be enclosed with a natural barrier, wall, fence or other solid structure having a minimum height of six feet and conforming to the requirements of 13.34.010 through 13.34.030.
7. All outdoor play areas shall be separated from vehicular circulation, parking areas, equipment enclosures, storage areas and refuse and recycling areas.

SECTION 13.27.030 Required Permits
1. Application for an in home day care use permit shall be made to the City through the business license process. The City shall consent to issuance of a business license upon determining that the proposed home occupation meets all the requirements of this title.
2. A state license, through the Department of Social Services, is required whenever one is providing care for children of two unrelated families in addition to the operators own children.

SECTION 13.27.040 Term and Renewal
All business licenses for in home day care shall continue in existence and shall be renewed on a year-to-year basis unless the City denies renewal in accordance with the provisions of this title.

SECTION 13.27.050 Revocation
When any home day care results in an undesirable condition interfering with the general welfare of the surrounding community, the City may initiate revocation of the business license pursuant to Milford City Code.

SECTION 13.27.060 Appeals
Any decision of the City may be appealed to the Board of Adjustment in the manner prescribed in 13.24.060.

SECTION 13.27.070 Applicable Regulations
13.11.010 through 13.11.060 - Rural Residential-5 (RR-5)
13.12.010 through 13.12.060 - Rural Residential-1 (RR1)
13.13.010 through 13.13.060 - Residential Low
13.14.010 through 13.14.070 - Residential Medium
13.15.010 through 13.15.060 - Multiple Residential
13.31.010 through 13.31.030 - Fencing and Walls

CHAPTER 13.28
Recreational Vehicle Parks
SECTIONs:
13.28.010 Intent and Purpose
13.28.020 Regulations and Standards
13.28.030 Applicable Regulations
SECTION 13.28.010 Intent and Purpose
The purpose of this subtitle is to establish regulations and standards that enhance compatibility of recreational vehicle and travel trailer parks with activities in adjacent zones and afford protection to abutting residential property.

SECTION 13.28.020 Regulations and Standards
Recreational vehicle and travel trailer parks shall be permitted exclusively in the RM district. The required land use designation shall be MHPD (Manufactured Home Planned Development). The following regulations and standards shall supplement development standards enumerated for RM zoned property. When conflicting, the standards imposing the more stringent requirement shall prevail. These supplemental development standards shall apply not only to new development or conversions subsequent to the adoption of this title, but to existing development that may wish to expand or modify its operations.
1. Minimum site size shall be one acres.
2. Density shall not exceed 12 spaces per gross acre.
3. Park Models and other permanent or semi-permanent residential units shall be prohibited, except that one permanent residential structure may be permitted as a caretakers residence.
4. Interior streets shall be a minimum of 24 feet wide. Rolled curbs may be permitted.
5. Site obscuring walls shall be required around the perimeter of all projects. The minimum height shall be eight feet when measured from the interior grade and six feet when measured from the exterior grade.
6. A minimum of 75 percent of the spaces shall be installed with sewer, water and electricity.
7. A minimum of 25 percent of the site shall be maintained as common landscaped open space such as golf courses, tennis courts, and trails, but not to include recreation rooms, laundry rooms, offices, restrooms or other common structures or buildings.
8. Each space shall be improved with concrete or other acceptable hard surface.
9. Design review shall be required for all structures, landscaping, screening, street layout, recreational facilities, etc.

SECTION 13.28.030 Applicable Regulations
13.32.010 through 13.32.080 - Vehicular Parking, Loading and Maneuvering Areas
13.33.010 through 13.33.030 - Landscaping
13.34.010 through 13.34.060 - Yards and Setbacks
13.35.010 through 13.35.100 - Design Review and Site Plan Review
13.42.010 through 13.42.080 - Combining Overlay District

CHAPTER 13.29
Manufactured Homes
SECTIONs:
13.29.010 Intent and Purpose
13.29.020 Location and Use
13.29.030 Manufactured Homes Placed as Permanent Residences
13.29.040 Manufactured Home Parks
13.29.050 Approval
13.29.060 Regulations and Standards
13.29.070 Application
13.29.080 Permit Required
13.29.090 Notification of Neighboring Property Owners
13.29.100 Applicable Regulations
SECTION 13.29.010 Intent and Purpose
The intent of this Title is to insure that the present residential character of the City of Milford is maintained and enhanced and, to this end, that manufactured homes are accommodated in the City subject to conditions which will meet this intent and which will be in accordance with the community goals set forth in the General Plan of the City of Milford. This Title is also intended to provide compatibility between adjacent land uses.

SECTION 13.29.020 Location and Use
No manufactured home shall be located, placed, used, or occupied in any district other than within an approved manufactured home park, manufactured home subdivision, or where allowed by this ordinance.

SECTION 13.29.030 Manufactured Homes Placed as Permanent Residences
Manufactured Homes may be placed as permanent residences in zoning districts on residential lots so long as they meet all requirements of this ordinance. A building permit shall be required for any permanent placement of a mobile, manufactured, or modular home. Any manufactured home shall be allowed on a residential lot outside of a manufactured home park provided that it meets the following criteria:
1. The standards of the Utah Uniform Building Standards Act, Title 58, Chapter 56, Paragraph 3 (9) and the definitions specified in this Milford City code shall be complied with in the placement of all housing units.
2. The structure shall be placed on a permanent foundation meeting the requirements of the Uniform Building Code;
3. The structure shall have a minimum width of 24 feet, width being the smallest dimension, and be multisectional or multimodular;
4. The structure shall have exterior covering customarily used on conventional dwellings, in no way corrugated metal, fiberglass or typical trailercoach or recreational vehicle type covering be used.
5. Any and all appendages for accessory uses such as steps, stoops, carports or garages, storage units, antennas, satellite dishes, patios and awnings or additions and alterations shall conform to existing applicable codes. Main entry steps, stoops and porches shall have required handrails;
6. The structure shall be tied down in a manner which meets manufacturers recommendations, or if no such recommendations are available, as required by the Building Official;
7. The structure shall meet all zoning district requirements and design review standards for the applicable zone;
8. The dwelling must be connected to water, power, and wastewater systems as any other single-family dwelling; and
9. The wheels and running gear shall be removed, this shall include removal of towing hitches and running gear which includes tongues, axles, brakes, wheels, lights and other parts of the chassis that operate only during transport.

SECTION 13.29.040 Manufactured Home Parks
1. General Provisions
A. A manufactured home development shall be located only within designated zoning districts; and
B. No part of any park shall be used for non-residential purposes, except as allowed by planned unit development application and approval; and
C. The standards of the Utah Uniform Building Standards Act, Title 58, Chapter 56, Paragraph 3 (10) and the definitions specified in this Milford City code shall be complied with in the placement of all housing units.

SECTION 13.29.050 Approval
Manufactured home parks may not be constructed unless first approved by the Milford City Council, after review of plans for said manufactured home park by the Milford City Planning and Zoning Commission which insure that the said development will meet all specifications of Subsection 13.29.060 of this title.

SECTION 13.29.060 Regulations and Standards
Manufactured home parks shall be permitted exclusively in the RM district. The required land use designation shall be MHPD (Manufactured Home Planned Development). The following regulations and standards shall supplement development standards enumerated for MR zoned property. When conflicting, the standards imposing more stringent requirement shall prevail. These supplemental development standards shall apply not only to new development or conversions subsequent to the adoption of this ordinance, but to existing development that may wish to expand or modify its operations.
1. Minimum site size shall be 10 acres.
2. One shade tree per space shall be required.
3. The minimum space size shall be 50 feet in width by 85 feet in length.
4. Interior streets shall be a minimum of 24 feet wide. Rolled curbs may be permitted.
5. Solid walls shall be required around the perimeter of all projects. The minimum height shall be five feet when measured from the interior grade and six feet when measured from the exterior grade.
6. A minimum of 25% of the site shall be maintained as common landscaped open space such as golf courses, tennis courts, and trails, but not to include recreation room, laundry rooms, offices, restrooms or other common structures or buildings.
7. A minimum fifteen foot setback shall be maintained for coaches on exterior property lines of the park. No structure, accessory building or storage shed shall exceed the height of the perimeter wall within ten feet of the property line abutting a public street.
8. No more than 75% of any manufactured home lot shall be covered by manufactured homes or accessory structures.
9. Two off street parking spaces shall be provided per unit. Tandem spaces are acceptable. Guest parking shall be provided at a rate of one space per every four lots.
10. Paved vehicle storage shall be provided at a rate of 100 square feet per lot and shall be screened from view.
11. All utility lines shall be placed underground.
12. All manufactured homes shall be skirted within 60 days of installation, or shall be recessed into the ground.
13. Design review shall be required for all common structures, landscaping, screening, street layout, recreational facilities, etc.
14. Solid waste and recycling enclosures shall be required.
15. Family parks shall be identified and appropriate amenities provided.
16. Have at least five (5) spaces completed and ready for occupancy before first occupancy is permitted.
17. Shall be connected to Milford City culinary water and wastewater facilities.
18. Should be developed according to plans prepared by a professional team. In all cases it is recommended that professional design and other assistance be obtained early in the program including (as needed) a geologist or soils engineer, an urban planner, a lawyer, a financial expert, or others. It is the intent of the City of Milford that the developer solve problems associated with the development before approval is given and construction begins. Determination of qualifications of required professional individuals or firms shall be made by the Milford City Planning and Zoning Commission.
19. In a manufactured home park, the minimum lot size is designated at 5,000 net sq.ft. The manufactured homes may be clustered, provided that the total number of units does not exceed the number permitted on one (1) acre, multiplied by the number of acres in the development given ideal soil conditions. The remaining land not contained in individual lots, roads, or parking, shall be set aside and developed as parks, playground, service areas for common use and enjoyment of occupants of the development and of the visitors thereto.
20. Fire hydrants shall be located and spaced according to the Uniform Fire Code; all skirting of the foundations around each and every manufactured home unit shall be of non?flammable material. The location, manner of emplacement, connection, and other parameters regarding containers of fuel, such as petroleum and liquefied gas, shall be executed in accordance with recognized industry and government standards regarding hazardous and flammable materials. The location of such petroleum and liquefied gas and/or other related containers within the manufactured home unit shall be expressly prohibited. The accumulation of litter around or underneath said manufactured home unit shall be subject to periodic inspections by the municipal fire inspector for safety purposes.
21. All other necessary infrastructure improvements shall be as required for single-family residential areas

SECTION 13.29.070 Application
1. An overall plan for development of a manufactured home park shall be submitted to the Milford City Planning and Zoning Commission for review. The plan shall be drawn to a scale no smaller than one (1) inch to fifty (50) feet. At least six (6) copies of the plan shall be submitted. The plan shall show:
A. The topography of the site represented by contours, shown at not greater intervals than two (2) feet when required by the Milford City Planning and Zoning Commission.
B. The proposed street and manufactured home space layout.
C. Proposed reservations for parks, playgrounds, open space.
D. Tabulations showing percent of area to be devoted to parks, playgrounds open spaces, number of manufactured home spaces, and total area to be developed.
E. Proposed locations of parking spaces.
F. Generalized landscaping and utility plan, including locations of sewer, water, electricity, gas lines, fire hydrants.
G. Any other data the Milford City Planning and Zoning Commission may require.
2. The applicant for approval of plans for a manufactured home park or manufactured home subdivision shall pay to the City of Milford at the time of application an inspection and review fee, in addition to all other required fees. The inspection and review fee shall be as established by the Milford City Council.
3. Applications for approval shall be in writing, submitted to the Milford City Planning and Zoning Commission at its regular meeting and shall be recommended for approval or disapproval to the Milford City Council within thirty (30) days, unless an extension of time is approved by the Milford City Planning and Zoning Commission. An application recommended for approval or disapproval by the Milford City Planning and Zoning Commission shall be submitted to the Milford City Council, which decision must be made in writing within fifteen (15) days after the recommendation is submitted by the Milford City Planning and Zoning Commission to the Milford City Council.

SECTION 13.29.080 Permit Required
A permit to maintain and/or operate an approved manufactured home park within the limits of the municipality of Milford City shall be issued to any person obtaining a municipal business license for such a purpose and duly registering with the local board of health. Said permit to maintain and/or operate a manufactured home park may be revoked by the local health officer upon conviction of any of the provisions of the municipal ordinances pertaining to health, sanitation, and/or nuisance, and arising out of the maintenance and/or operation of said manufactured home park. The local health officer is hereby authorized to make regular inspections of said manufactured home park areas for the purpose of health and sanitation.

SECTION 13.29.090 Notification of Neighboring Property Owners
The application for a Conditional Use Permit to establish a manufactured home park within the City of Milford shall include a statement showing that adjacent property owners have been informed as to the intention of a manufactured home park being established. Applicants for Conditional Use Permits for manufactured home parks are required to give written notification to all property owners within three hundred (300) feet of the nearest point of the property involved of the pending action. The written notification should describe the location and nature of the proposed development. It must inform neighboring property owners of the opportunity to comment upon the application in a meeting of the Planning and Zoning Commission. The time, date, and place of the meeting at which the application will be considered should be noted. Notification may be delivered in person or by mail. Notification must be accomplished at the applicant's expense. Notification must be accomplished at least one (1) week prior to the scheduled meeting of the Planning and Zoning Commission at which the application will be discussed.

SECTION 13.29.100 Applicable Regulations
13.32.010 through 13.32.080 - Vehicular Parking, Loading and Maneuvering Areas
13.33.010 through 13.33.030 - Landscaping
13.34.010 through 13.34.060 - Yards and Setbacks
13.35.010 through 13.35.100 - Design Review and Site Plan Review
13.42.010 through 13.42.080 - Combining Overlay District.

CHAPTER 13.30
Provisions for the Keeping of Animals
SECTIONs:
13.30.010 Intent and Purpose
13.30.020 Regulations and Standards
13.30.030 Applicable Regulations
SECTION 13.30.010 Intent and Purpose
The purpose of this chapter I to establish regulations and standards that govern the keeping, boarding or maintaining of animals in residential zones.

SECTION 13.30.020 Regulations and Standards
The following regulations and standards shall supplement development standards enumerated for herein. When conflicting, the standards imposing the more stringent requirement shall prevail. These supplemental development standards shall apply not only to new development or conversions subsequent to the adoption of this ordinance, but to existing development that may wish to expand or modify its operations.
1. The keeping of domestic animals shall be permitted in all residential zones. The following are the number and categories of domestic animals which can be kept:
A. Up to two dogs or cats over four months of age.
B. Small birds, fish, or nonpoisonous reptiles, provided they do not become a public nuisance due to odors, noise, or public health considerations.
C. Domesticated rodents, provided they do not become a public nuisance due to odors, noise, or public health considerations.
2. The keeping of horses, other large animals and farm animals shall be permitted only in the Rural Residential districts as follows:
A. Animal units for adult animals shall be determined as follows:

1 Equine = one animal unit
1 Bovine = one animal unit
5 Swine = one animal unit to be kept a minimum of 50 ft. from any property line (a property owner must own at least 5 acres to have 1 swine)
2 Sheep = one animal unit
2 Goats = one animal unit
4 Dogs, cats or other small domesticated animals = one animal unit
5 Rabbits = one animal unit
5 Chickens = one animal unit
3. The keeping of exotic or wild animals may be permitted exclusively in the RR-5 district subject to a conditional use permit.
4. The keeping of all animals must comply with all local, state and federal regulations.
5. There shall be no more than one animal unit per acre.

SECTION 13.30.030 Applicable Regulations
13.13.010 through 13.13.060 -Residential Low
13.14.010 through 13.14.070 -Residential Medium
13.15.010 through 13.15.060 -Multiple Residential
13.09.010 through 13.09.060 -Agricultural (A20)
13.11.010 through 13.11.060 -Rural Residential (RR-5)
13.12.010 through 13.12.060 -Rural Residential(RR-1)

CHAPTER 13.31
Fencing and Walls
SECTIONs:
13.31.010 Intent and Purpose
13.31.020 Regulations and Standards
13.31.030 Applicable Regulations
SECTION 13.31.010 Intent and Purpose
The purpose of this subtitle is to establish regulations and standards for fencing and walls throughout the city.

SECTION 13.31.020 Regulations and Standards
The following regulations and standards shall supplement development standards enumerated herein. When conflicting, the standards imposing the more stringent requirement shall prevail. These supplemental development standards shall apply not only to new development or conversions subsequent to the adoption (December 16, 1997) of this ordinance, but to existing development that may wish to expand or modify its operations.
1. Retaining walls shall be required according to the IBC.
2. Fences or walls not exceeding the maximum allowed height may occupy any portion of a side or rear yard; provided, where any such fence or wall projects beyond the front setback line toward the front property line, shall be no more than four feet in height, except in the sight clearance areas of corner lots.

SECTION 13.31.030 Applicable Regulations
13.34.010 through 13.34.060 - Yards and Setbacks
13.35.010 through 13.35.100 - Design Review and Site Plan Review

CHAPTER 13.32
Vehicular Parking, Loading and Maneuvering Areas
SECTIONs:
13.32.010 Purpose
13.32.020 Application
13.32.030 Change in Use or Intensity
13.32.040 General Development Standards
13.32.050 In-Lieu Parking Payments
13.32.060 Off Street Loading Requirements
13.32.070 Parking Schedule
SECTION 13.32.010 Purpose
The intent and purpose of these regulations is to provide properly designed parking areas. Off-street parking facilities shall be provided incidental to new uses. The number of parking spaces shall be in proportion to the need created by the particular use.

SECTION 13.32.020 Application
Off-street parking shall be provided for any new building constructed and for any new use established; for any addition or enlargement of an existing building or use; and for any change in the occupancy of any building or the manner in which any use is conducted that would result in additional parking spaces being required, unless an equivalent substitute number of such spaces is provided and maintained conforming to the requirements of this title except as otherwise provided in this title.

SECTION 13.32.030 Change in Use or Intensity
When the use of any premises is changed, enlarged. altered, expanded or intensified such that additional parking is required, the additional parking to meet the requirements of this title shall be provided for the changed, enlarged, altered, expanded or intensified portion of the occupancy or use, except as otherwise provided in this title.

SECTION 13.32.040 General Development Standards
1. Location of Parking Spaces. The required parking spaces shall be located on the same building site except as otherwise provided by this title. Property within the ultimate right-of-way of a street or highway shall not be used to provide required parking or loading facilities, except as otherwise provided by this title.
2. Design and Maintenance. All off-street parking spaces and areas required by this title shall be designed and maintained to be fully usable for the duration of the use requiring such areas and spaces.
3. Tandem Spaces. Except for mobile homes, tandem spaces shall only by permitted for those spaces which exceed the requirements of this title.
4. Stall Dimensions. Each off-street parking stall shall consist of a rectangular area not less than nine feet wide by 19 feet long, except as otherwise provided in this title. End spaces where clear back-out space is restricted on one side shall be 11 feet in width.
5. Landscaping Requirements.
A. A minimum of 15% of the total off-street open parking area shall be landscaped with a mixture of trees, shrubs, ground cover, other plant material and landscape material.
B. All parking lot landscaping shall be maintained in perpetuity
C. Parking Lot Hardscape Requirements. Parking lot dividers, islands, planters and planting areas shall be a minimum of four feet wide and four feet long. trees area to be planted a minimum of five feet from walls, walks or buildings. To protect hardscape and encourage deep root development, root barriers shall be installed during planting operations.
6. Perimeter Guard Requirements. Bumper guards or wheel stops shall be provided for all parking spaces abutting the perimeter of a parking area where such perimeter is within 15 feet of a building, structure, wall, public right-of-way or lot line, except spaces within a garage or carport.
7. Paving Requirements. All areas within the parking area not used for parking stalls or maneuvering areas shall be landscaped. All areas used for the movement, parking, loading, repair or storage of vehicles shall be paved according to City standards.
8. Drainage Requirement. All areas used for the movement, parking loading, repair or storage or vehicles shall be graded and drained to dispose of all surface water. drainage shall not be permitted across the surface of sidewalks or driveways.
9. Maneuvering Requirements. The off-street parking area shall be designed so that a vehicles within a parking area will not be required to enter a street to move from one location to another within the parking area.
10. Joint Use Parking. Dual use of parking may be allowed where the operation hours of the uses involved do not overlap. Joint use of parking shall not exceed sixty percent of the required spaces of any uses involved. The agreement for the joint use shall be in the form of a recorded covenant and shall be in a form acceptable to the City Attorney. The approval for the joint use can be granted only by the Planning and Zoning Commission.
11. Parking for the Handicapped. "Handicapped" spaces shall be provided in accordance with state and federal regulations and shall be considered in the calculation of required spaces.
12. Downtown Commercial Parking. The number of parking spaces required for properties which are zoned "MSC" (Main Street Commercial) shall be considered on a case by case basis, regardless of use. All other development standards shall remain as per this title.

SECTION 13.32.050 In-Lieu Parking Payments
In commercial districts, parking spaces required by the provisions of this title may be satisfied by the payment of a fee, per parking space to the off-street parking fund of the city prior to insurance of a building permit provided that the district in which the use is to be established is within an established parking district. Moneys placed into the off-street parking fund pursuant to the provisions of this title shall be used exclusively for the purpose of acquiring, developing and maintaining off-street parking facilities, limited insofar as practicable to the general vicinity of the promises for which in-lieu payments were made. The payment shall be in an amount set forth of City Council resolution.

SECTION 13.32.060 Off Street Loading Requirements
Every hospital, institution, hotel, motel, commercial or industrial building hereafter erected or established, shall have and maintain loading spaces as provided subject to the following standards:
1. Each loading berth shall be not less than 45 feet in length and 12 feet in width exclusive of aisle of maneuvering space, and shall have an overhead clearance of not less than 14 feet.
2. Sufficient room for turning and maneuvering vehicles shall be provided on the site so that vehicles shall cross a property line only by driving forward.
3. Entrance from and exits to streets and alleys shall be designed to minimize traffic congestion.
4. The loading area, aisles, and access drives shall be paved so as to provide a durable, dustless surface and shall be so graded and drained so as to dispose of surface water without damage to private of public property, streets or alleys.
5. Bumper rails shall be provided at locations where needed for safety or to protect property.
6. No repair work or servicing of vehicles shall be conducted in a loading area.
7. Off-street loading facilities shall be located on the same site with the use for which the berths are required.
8. If more than one use is located on a site, the number of loading berths provided shall be equal to the sum of the requirements prescribed in this title for each use. If more than one use is located on a site and the gross floor area of each use is less than the minimum for which loading berths are required but the aggregate gross floor area is greater than the minimum for which loading berths are required, off-street loading berths shall be provided as if the aggregate gross floor area were used for the use requiring the greatest number of loading berths.
9. Off-street loading areas for a single use shall be considered as providing required off-street loading facilities for any other use as long as sufficient spaces are provided to meet the requirements of all uses.
10. At the time of initial occupancy, major alterations or enlargement of a site, or of completion of construction of a structure or of a major alteration or enlargement of a structure, there shall be provided off-street loading berth requirements. The number of loading berths provided for a major alteration or enlargement of a site or structure shall be in addition to the number existing prior to the alteration or enlargement.
11. Space allocated to any off-street loading berth shall not be used to satisfy the space requirements for any off-street parking facility.
12. No loading space which is provided for the purpose of complying with the provisions of this title shall hereinafter be eliminated, reduced, or converted in any manner below the requirements established in this title, unless equivalent facilities are provided elsewhere, conforming to this title.
13. The following off-street loading spaces shall be provided for all hospitals, institutions, hotels, commercial and industrial uses:

Total Square Feet of Building Space (Gross Floor Area)
Commercial and Industrial Buildings
Less than 6,000 0
6,000 - 15,000 1
15,001 - 40,000 2
40,001 and over 3
Hospitals and Institutions
Less than 10,000 0
10,000 - 50,000 1
50,001 - 100,000 2
100,001 and over 3
Hotels/Motels 1

SECTION 13.32.070 Parking Schedule
1. Business or professional offices. One parking space for each five hundred (500) sq. ft. of floor area.
2. Dwellings, single-family, two-family and cluster (townhouse and condominium). Two parking spaces for each dwelling unit.
3. Dwelling, Multi-family. Two parking spaces for each unit plus one guest space shall be provided for each five (5) dwelling units.
4. Hotels, Motels, Motor Hotels. One space for each living or sleeping unit, plus parking space for all accessory uses as herein specified.
5. Commercial & Retail stores. One parking space for each five hundred square feet of retail floor space.
6. Commercial Storage Units. One parking space for each thirty feet of building frontage storage space.
7. Wholesale establishments, Warehouses, Manufacturing Establishments, and all Industrial uses. As determined by conditional use permit or by Planned Development requirements, if applicable, or by the City of Milford Planning and Zoning Commission, but in no case fewer than one space for each employee projected for the highest employment shift.
8. Handicapped and Motorcycle Parking. Every multi-car parking lot shall allow for proper and reasonable access to a vehicle by a person with a disability.
9. All other uses not listed above. As determined by the City of Milford Planning and Zoning Commission, based on the nearest comparable use standards.

CHAPTER 13.33
Landscaping
SECTIONs:
13.33.010 Intent and Purpose
13.33.020 Regulations and Standards
13.33.030 Applicable Regulations
SECTION 13.33.010 Intent and Purpose
It is the intent of this section to establish regulations and standards that govern installation, distribution, irrigation and maintenance of landscaping for the Non-Residential Districts (M, IP, HSC and MSC).
(Ord. Ordinance 10-2007 Landscaping, Amended, 08/22/2007)

SECTION 13.33.020 Regulations and Standards
The following regulations and standards shall supplement development standards for districts enumerated herein. When or if conflicting regulations or standards are encountered, the more stringent shall prevail. These regulations shall apply to new development or conversions and any existing development that may wish to expand or modify its operations.
1. Landscaping Distribution.
A. A minimum of 15 % of the total off street open parking shall be landscaped with a mixture of trees, shrubs, ground cover, other live plant material and non-living (hardscape) material.
2. Landscaping Maintenance.
A. Prior to the installation of the landscaping in the public right–of-way the developer shall provide for the continued maintenance by an agreement with Milford City.
B. It is a requirement that all landscaping regardless of type be well maintained, lawns and ground cover must be watered, trimmed or mowed regularly and other live plant materials must be watered, weeded, free of debris, pruned and replaced as necessary to be kept in a healthy and growing condition, all non-living material (hardscape) such as rock, bark, gravel and wood, shall be weeded and kept free of debris and otherwise kept in an orderly manner so as not to create dust or other wind borne materials to be scattered. Required driveways or walkways within the setback must be paved, but are not considered in the calculation of landscaped area.
C. Irrigation systems shall be kept in good working condition.
(Ord. Ordinance 10-2007 Landscaping, Amended, 08/22/2007)

SECTION 13.33.030 Applicable Regulations
13.31.010 through 13.31.030 – Fencing and Walls.
13.32.040 - Vehicular Parking, General Development Standards.
13.35.010 through 13.35.100 – Design Review and Site Plan Review.
13.17.050 – Main Street Commercial (MSC) District, General Development Standards.
13.18.050 – Highway Commercial (HSC) District, General Development Standards.
13.20.050 – Manufacturing (M) District, General Development Standards.
13.20.050 – Industrial Park (IP) District, General Development Standards.
(Ord. Ordinance 10-2007 Landscaping, Amended, 08/22/2007)

CHAPTER 13.34
Yards and Setbacks
SECTIONs:
13.34.010 Purpose
13.34.020 Yard and Setback Standards
13.34.030 Width of Corner Lots
13.34.040 Irregularly Shaped Lots
13.34.050 Fences, Hedges and Walls
13.34.060 Applicable Regulations
SECTION 13.34.010 Purpose
It is the intent of this section to supplement the Residential Districts (MR, RM and RM6S) development standards with respect to landscaping, yards and setbacks.
(Ord. Ordinance 9-2007 Yards and Setbacks, Amended, 08/22/2007)

SECTION 13.34.020 Yard and Setback Standards
All setbacks and yards must be landscaped to the following minimum standards:
1. In non-single family residential districts (MR) a minimum of 40% of the setback or yard area must be planted with live plant material. The remainder may be rock, gravel, bark or other natural non-living material. Required driveways and walkways within the setback must be paved, but are not considered in the calculation of landscaped area.
2. In single family residential districts (RM and RM6S) the front setback or yard area and other setbacks (side and rear) that are open to public view, must be fully landscaped, there is no requirement as to the type/s of landscaping material to be used within the setback area.
3. It is a requirement that all landscaping regardless of type be well maintained, lawns and ground cover must be watered, trimmed or mowed regularly and other live plant materials must watered, weeded, free of debris, pruned and replaced as necessary, all non-living material (hardscape) such as rock, bark, gravel and wood, shall be weeded and kept free of debris and otherwise kept in an orderly manner so as not to create dust or other wind borne materials to be scattered. Required driveways or walkways within the setback must be paved, but are not considered in the calculation of landscaped area.
4. Structures on the alley side of lots bordering an alley may be constructed on the property line, provided that any water drainage from the structure be drained onto the buildings site.
5. Swimming pools, as defined by the International Building Code, shall be set back a minimum of five (5) feet from all property lines and shall be provided with access gates and a fence or barrier at least five (5) feet high notwithstanding any contrary height provision of the International Building Code. Access gates shall be equipped with a self-closing mechanism and latch and said latch shall be at the upper most installable part of the gate near to a five (5) foot level measured from the ground.
(Ord. Ordinance 9-2007 Yards and Setbacks, Amended, 08/22/2007; Ord. Ordinance 1-2006 Yards and Set Backs, Amended, 02/08/2006)

SECTION 13.34.030 Width of Corner Lots
Corner lots shall have extra width in addition to the width prescribed in each land use district at least equal to the width of the minimum interior side yard prescribed for a main structure in the district.

SECTION 13.34.040 Irregularly Shaped Lots
Where a lot is triangular, gore shaped, or otherwise irregularly shaped, required lot width may be measured at the rear of the required front yard. In such instance the minimum street frontage shall be 40 feet.

SECTION 13.34.050 Fences, Hedges and Walls
Fences, hedges, or walls not exceeding the maximum allowed height may occupy any portion of a side or rear yard; provided, where any such fence or wall projects beyond the front yard line or setback line toward the front property line, it shall not be more than four feet in height, except in the sight clearance areas.

SECTION 13.34.060 Applicable Regulations
13.31.010 through 13.31.030 – Fencing and Walls.
13.32.010 through 13.32.080 - Vehicular Parking, Loading and Maneuvering Areas.
13.35.010 through 13.35.100 – Design Review and Site Plan Review.
13.13.050 – Residential Medium Special (RM6S) District, General Development Standards.
13.14.060 – Residential Medium (RM) District, General Development Standards.
13.15.060 – Multiple Residential (MR) District, General Development Standards.

(Ord. Ordinance 9-2007 Yards and Setbacks, Amended, 08/22/2007)

CHAPTER 13.35
Design Review and Site Plan Review
SECTIONs:
13.35.010 Purpose
13.35.020 Application; Submittal Requirements
13.35.030 Exceptions
13.35.040 Consideration in Review of Application
13.35.050 Conditions for Approval
13.35.060 Action of the Planning and Zoning Commission
13.35.070 Findings
13.35.080 Effective Date of the Approval
13.35.090 Appeals
13.35.100 Lapse of Approval
13.35.110 Modification of Design Review or Site Plan Review Approval
13.35.120 Suspension and Revocation
13.35.130 Approval to Run with the Land
SECTION 13.35.010 Purpose
The purpose of design review and site plan review is to recognize the interdependence of land values and aesthetics and to provide a method by which the city may implement this interdependence to its benefit. Design Review encourages development of private property in harmony with the desired character of the community and in conformance with the guidelines herein provided with due regard to the public and private interests involved. The Planning and Zoning Commission is empowered to grant or deny applications for conditional use permits for such conditional uses as are prescribed in the district regulations and to impose reasonable conditions upon the granting of conditional use permits subject to the right of appeal to the City Council.

SECTION 13.35.020 Application; Submittal Requirements
Application for a design review or site plan review shall be filed with the City Recorder on a form prescribed by the Planning and Zoning Commission and shall include the following data and maps;
1. Name and address of the applicant;
2. Statement that the applicant is the owner or the authorized agent of the owner of the property on which the use is proposed to be located. This provision shall not apply to a proposed public utility right-of-way.
3. Address and legal description of the property;
4. Statement indicating the precise manner of compliance with each of the applicable provisions of this title, together with any other data pertinent to the findings prerequisite to the granting of a conditional use permit, prescribed in this chapter.
5. A list of all owners of property located within 300 feet of the exterior boundaries of the subject property; the list shall be keyed to a map showing the location of these properties;
6. Plot plans and elevations, fully dimensioned, indicating the type and location of all buildings and structures, parking and landscape areas and signs. Elevation plans shall be of sufficient detail to indicate the type and color of materials to be employed and methods of illumination for signs. Screening, landscape and irrigation plans shall be included in the plans;
7. The City may require additional information or plans, if they are necessary, to enable a determination as to whether a conditional use permit, should be granted or denied. The City may authorize omissions of any or all of the plans and drawings required by this section if they are not necessary.

SECTION 13.35.030 Exceptions
For buildings and uses covered by Conditional Use Permits design review shall be incorporated within such Conditional Use Permit and need not be a separate application, provided the requirements of this Chapter are met.

SECTION 13.35.040 Consideration in Review of Application
The Milford City Planning and Zoning Commission shall consider the following matters, and others when applicable, in their review of applications:
1. Considerations relating to traffic safety and traffic congestion.
A. The effect of the site development plan on traffic conditions on abutting streets.
B. The layout of the site with respect to locations and dimensions of vehicular and pedestrian entrances, exits, drives, and wall ways.
C. The arrangement and adequacy of off?street parking facilities.
D. The circulation patterns within the boundaries of the development.
E. The surfacing and lighting of off?street parking facilities.
2. Consideration relating to outdoor advertising.
A. The number, location, color, size, height, lighting, and landscaping of outdoor advertising signs and structures in relation to the creation of traffic hazards and the appearance and harmony with adjacent development.
3. Consideration relating to landscaping.
A. The location, height, and materials of walls, fences, hedges, screen plantings to insure harmony with adjacent development, or to conceal storage areas, utility installations, or other unsightly development.
B. The planting of ground cover or other surfacing to prevent dust and erosion.
C. The unnecessary destruction of existing healthy trees.
4. Considerations relating to buildings and site layout.
A. Consideration of the general silhouette and mass, including location on the site, elevation, and relation to natural plant coverage, all in relationship to the neighborhood.
B. Consideration of exterior design in relation to adjoining structures in height, bulk, and area openings, breaks in facade facing on the street (or streets), line and pitch of roofs, and the arrangement of structures on the parcel.

SECTION 13.35.050 Conditions for Approval
The Milford City Planning and Zoning Commission shall decide all applications for design review. Design approval may include such conditions consistent with the consideration of this Chapter as the Milford City Planning and Zoning Commission or Milford City Zoning Administrator deem reasonable and necessary under the circumstances to carry out the intent of this Chapter. In the case of primary, single-family, mobile (unless within an approved Mobile Home Park), manufactured, or modular home structures the Planning and Zoning Commission shall impose conditions as follows:
1. The structure shall be on a permanent foundation;
2. The roof pitch of the structure shall be a minimum of 4/12;
3. The distance of the length of the structure shall be no more than twice the distance of the width of the structure;
4. All construction shall be in compliance with the uniform building code unless otherwise so designated;
5. The size of the principle structure shall be no less than 1,000 sq.ft.; and
6. The Planning and Zoning Commission shall give approval for the project.

SECTION 13.35.060 Action of the Planning and Zoning Commission
The Commission may grant approval as the permit was applied for or in modified form, or the application may be denied. Approval may be granted for a limited time period, or may be granted subject to such conditions. as the commission may prescribe. Conditions may include, but shall not be limited to, payment of drainage fees, requiring special yards, open spaces, buffers, fences, and walls; requiring installation and maintenance of landscaping; requiring street dedications and improvements; regulations of points of vehicular ingress and egress; regulation of traffic circulation; regulations of signs; regulation of hours of operation and methods of operation, control of potential nuisances; prescribing standards for maintenance of buildings and grounds; prescription of development schedule and development standards; and such other conditions as the commission deems necessary to insure compatibility of the use with surrounding developments and uses and to preserve the public health, safety and welfare.

SECTION 13.35.070 Findings
The Planning and Zoning Commission shall make the following findings before granting approval:
1. That the proposed location of the use is in accord with the objectives of this title and the purpose of the district in which the site is located;
2. That the proposed location of the use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity;
3. That the proposed use will comply with each of the applicable provisions of this title, except for approved conditional use permits, variances or adjustments;
4. That the proposed use complies with the goals, objectives, and policies of the city's general plan.

SECTION 13.35.080 Effective Date of the Approval
The decision of the Planning and Zoning Commission shall be final within 10 days from the date of the decision unless an appeal has been filed with the City Council.

SECTION 13.35.090 Appeals
A decision of the Planning and Zoning Commission may be appealed to the Board of Adjustment.

SECTION 13.35.100 Lapse of Approval
A design review or site plan review approval shall lapse and shall become void one year following the date on which the use permit became effective, unless prior to the expiration of one year, a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the application, or a certificate of occupancy is required. For approvals where construction may take longer than one year, the approval shall be automatically extended in 12 month increments provided valid building permits are in effect. If construction has ceased for a period of more than 12 months and no valid building permits are in effect, the approval shall be considered expired. Prior to the expiration of the permit, the applicant may request a 12 month time extension by filing with the Planning and Zoning Commission.

SECTION 13.35.110 Modification of Design Review or Site Plan Review Approval
All provisions of this chapter shall apply to an application for modification, expansion, or other change in a design review or site plan review approval; provided, that minor revisions or modifications may be approved by the Planning and Zoning Commission if determined that the changes would not affect any previous findings and the application for revision or modification is filed within one year from the date the original approval becomes final, does not change the use designated in the original conditional use permit, does not increase, reduce or alter the size or shape of the premises to which the original approval pertained, and does not extend the time in which the actual establishment or the approval or the commencement of construction under the approval shall take place.

SECTION 13.35.120 Suspension and Revocation
Upon violation of any applicable provision of this title, or, if granted subject to conditions, upon failure to comply with conditions, a design review or site plan review approval shall be suspended automatically.

SECTION 13.35.130 Approval to Run with the Land
A design review or site plan review granted pursuant to the provisions of this chapter shall continue to be valid upon a change of ownership of the site or structure which was the subject of the application.

CHAPTER 13.36
Conditional Uses
SECTIONs:
13.36.010 Purposes
13.36.011 Radiation Control
13.36.020 Application
13.36.030 Action of the Planning and Zoning Commission
13.36.040 Findings
13.36.050 Effective Date of the Use Permit
13.36.060 Appeals
13.36.070 Lapse of Conditional Use Permit
13.36.080 Modification of Conditional Use
13.36.090 Suspension and Revocation
13.36.100 Use Permit to Run with the Land
SECTION 13.36.010 Purposes
In order to give the use regulations the flexibility necessary to achieve the objectives of this title provision is made for conditional uses in each zone, subject to the granting of a conditional use permit. Because of their unusual characteristics, conditional uses require special consideration so that they may be located properly with respect to the objectives of the zoning regulations and with respect to their effects on surrounding properties. In order to achieve these purposes, the Planning and Zoning Commission is empowered to grant or deny applications for conditional use permits for such conditional uses as are prescribed in the district regulations and to impose reasonable conditions upon the granting of conditional use permits subject to the right of appeal to the Board of Adjustment.

SECTION 13.36.011 Radiation Control
1. Any person who is required to obtain a radioactive material license under the Radioactive Control Act found in Section 19-3-101 Et. Seq. Utah Code Annotated, as amended, 1953, for a facility to be located in Milford City shall also be required to obtain a conditional use permit from Milford City.
2. Any person who is not required to obtain a radioactive material license as described above but who is involved in the transloading, change in mode of transportation or any type of "extra" handling of radioactive materials other than the uninterrupted transportation of such materials through Milford City by rail or motor vehicle, shall be required to obtain a conditional use permit from Milford City.
3. No Conditional Use Permit involving radioactive materials will be authorized in any Zoning District except the Manufacturing or Industrial Zones.
4. The Conditional Use Permit must be approved by the Milford City Council instead of the Planning and Zoning Commission and therefore Chapter 13.36 of the Milford City Code of Revised Ordinances is amended for the purpose of this type of Conditional Use Permit only by substituting "Milford City Council" in each place where Planning and Zoning Commission is written.
5. The Milford City Council may impose impact fees to pay for training and equipment necessary to detect the release of radioactive materials and protect or treat the inhabitants of Milford City from accidents and other events associated with the proposed operation.
(Ord. 14-2001, Amended, 10/17/2001)

SECTION 13.36.020 Application
Application for a conditional use permit shall be filed with the city on a form prescribed by the Planning and Zoning Commission and shall include the following data and maps:
1. Name and address of the applicant;
2. Statement that the applicant is the owner or the authorized agent of the owner of the property on which the use is proposed to be located. This provision shall not apply to a proposed public utility right-of-way;
3. Address and legal description of the property;
4. Statement indicating the precise manner of compliance with each of the applicable provisions of this title, together with any other data pertinent to the use permit, prescribed in this chapter.
5. A list of all owners of property located within 300 feet of the exterior boundaries of the subject property; the list shall be keyed to a map showing the location of these properties;
6. Plot plans and elevations, fully dimensioned, indicating the type and location of all buildings and structures, parking and landscape areas and signs. Elevation plans shall be of sufficient detail to indicate the type and color of materials to be employed and methods of illumination for signs. Screening, landscape and irrigation plans shall be included in the plans;
7. The City may require additional information or plans, if they are necessary, to enable a determination as to whether a conditional use permit should be granted or denied. The City may authorize omissions of any or all of the plans and drawings required by this section if they are not necessary.

SECTION 13.36.030 Action of the Planning and Zoning Commission
The Commission may grant a conditional use permit as the permit was applied for or in modified form, or the application may be denied. A conditional use permit may be granted for a limited time period, or may be granted subject to such conditions as the Commission may prescribe. Conditions may include, but shall not be limited to, payment of drainage fees, requiring special yards, open spaces, buffers, fences, and walls; requiring installation and maintenance of landscaping; requiring street dedications and improvements; regulations of points of vehicular ingress and egress; regulation of traffic circulation; regulations of signs; regulation of hours of operation and methods of operation, control of potential nuisances; prescribing standards for maintenance of buildings and grounds; description of development schedules and development standards; and such other conditions as the commission deems necessary to insure compatibility of the use with surrounding developments and uses and to preserve the public health, safety and welfare.

SECTION 13.36.040 Findings
The Planning and Zoning Commission shall make the following findings before granting a conditional use permit:
1. That the proposed location of the conditional use is in accord with the objectives of this title and the purpose of the district in which the site is located; and
2. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity; and
3. That the proposed conditional use will comply with each of the applicable provisions of this title, except for approved variances or adjustments; and
4. That the proposed conditional use complies with the goals, objectives, and policies of the Milford City's General Plan.
(Ord. Ordinance 11-2001, Amended, 07/03/2001)

SECTION 13.36.050 Effective Date of the Use Permit
The decision of the Planning and Zoning Commission shall be final within 10 days from the date of the decision unless an appeal has been filed with the Board of Adjustment.

SECTION 13.36.060 Appeals
A decision of the Planning and Zoning Commission may be appealed to the Board of Adjustment.

SECTION 13.36.070 Lapse of Conditional Use Permit
A conditional use permit shall lapse and shall become void one year following the date on which the use permit became effective, unless prior to the expiration of one year, a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the use permit application, or a certificate of occupancy is required; provided, that a use permit for a public utility installation may be valid for a longer period if specified by the Planning and Zoning Commission. Prior to the expiration of the permit, the applicant may request a 12 month time extension by filing with the Planning and Zoning Commission.

SECTION 13.36.080 Modification of Conditional Use
All provisions of this chapter shall apply to an application for modification, expansion, or other change in a conditional use; provided, that minor revisions or modifications may be approved by the Planning and Zoning Commission if determined that the changes would not affect any previous findings and the application for revision or modification is filed within one year from the date the original conditional use permit becomes final, does not change the use designated in the original conditional use permit, does not increase, reduce, or alter the size or shape of the premises to which the original conditional use permit pertained, and does not extend the time in which the actual establishment of the conditional use permit or the commencement of construction under the conditional use permit shall take place.

SECTION 13.36.090 Suspension and Revocation
Upon violation of any applicable provision of this title, or, if granted subject to conditions, upon failure to comply with conditions, a conditional use permit shall be suspended automatically. The Planning and Zoning Commission shall discuss the matter, at its next regular meeting, to determine whether or not the regulation, general provisions, or conditions are being met. The Planning and Zoning Commission may revoke the conditional use permit or take such action as may be necessary to ensure compliance with the regulation, general provision, or conditions. Within 10 days following the date of a decision of the commission revoking a use permit, the secretary shall transmit to the city council written notice of the decision. The decision shall become final 30 days following the date on which the use permit was revoked unless an appeal has been filed.

SECTION 13.36.100 Use Permit to Run with the Land
A conditional use permit granted pursuant to the provisions of this chapter shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the conditional use permit application.
(Ord. Ordinance 2-2008 Permit to Run With Land, Amended, 02/13/2008; Ord. Ordinance 2-2006, Amended, 02/08/2006)

CHAPTER 13.37
Legal Nonconforming Structures and Uses
SECTIONs:
13.37.010 Intent and Purpose
13.37.020 Adding New Uses and Structures
13.37.030 Change to Another Nonconforming Use
13.37.040 Development of Legal Nonconforming Land
13.37.050 Continuation of Legal Nonconforming Use of Structure
13.37.060 Continuation of Legal Nonconforming Structures
13.37.070 Cost of Replacement
13.37.080 Completion of Building
13.37.090 Additions and Alterations to Legal Nonconforming Public Use
13.37.100 Uses Under Variance or Conditional Use Permit
13.37.110 Conduct Terminating Legal Nonconforming Use
13.37.120 Reconstruction Permit
13.37.130 Public Utility Uses; Exemption
SECTION 13.37.010 Intent and Purpose
Within the zones established by this chapter or amendments that may later be adopted, there exist or will exist lots, structures, and uses of land and structures which were lawful before the adoption or amendment of this chapter, but which no longer comply. The intent of this section is to permit those nonconformity’s to continue until they are removed or required to be terminated, but not to encourage their survival. Such uses and structures are declared to be incompatible with permitted uses, structures and standards in the zones involved, and it is intended that they shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same zone, except as may be expressly permitted in this section.

SECTION 13.37.020 Adding New Uses and Structures
When a legal nonconforming use or structure exists on any lot or parcel of land, no new use or structure may be established or built on such land unless the required lot area, dimensions, yards and open spaces are provided for each existing and proposed use, structure and improvement. These uses shall be so located on the lot or parcel of land, that if it is divided into smaller lots or parcels, each of said parcels will contain the area, dimensions, yards and open space required and the number and location of structures on each will comply with the requirements of this chapter when considered as a separate lot or parcel. In instances where there is the intent to divide or subdivide, additional conforming structures shall not be permitted until after the parcel has been divided or subdivided in accordance with law. Access acceptable to the city shall be provided to all lots where such division is permitted.

SECTION 13.37.030 Change to Another Nonconforming Use
The legal nonconforming use of a structure or land shall not be changed to another nonconforming use.

SECTION 13.37.040 Development of Legal Nonconforming Land
Lots of record in residential zone. In any residential zone a dwelling and accessory buildings of the type permitted in such zone may be erected on any single lot lawfully created and of record on the effective date of the adoption or amendment of the zoning ordinance, notwithstanding limitations on lot area, width or depth imposed by other provisions, of the ordinance.

SECTION 13.37.050 Continuation of Legal Nonconforming Use of Structure
A lawful use of a structure, or of a structure and land in combination, under the terms of this chapter as adopted or amended may be continued so long as it remains otherwise lawful, subject to the following provision:
1. No existing structure devoted to a use not permitted by this chapter in the zone in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered, except in changing the use of the structure to a use permitted in the zone in which it is located and except as specifically provided for in this chapter.
2. Any legal nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building.
3. Any structure, or structure and land in combination, in or on which a legal nonconforming use if superseded by a permitted use, shall thereafter conform to the regulations of the zone in which such structure is located, and the legal nonconforming use may not thereafter be resumed.
4. When any legal nonconforming use or structure or structure and land in combination is discontinued or abandoned for a continuous period of six (6) months, the use, structure or structure and land in combination shall not thereafter be used except in conformance with the regulations of the zone in which it is located.
5. Where legal nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall thereafter compel the discontinuance of the legal nonconforming use of the land. Destruction for the purpose of this paragraph means damage to an extent of more than 50% of the fair market value of the property immediately prior to destruction.
(Ord. Continuation of Legal Nonconforming Use, Amended, 10/18/2006)

SECTION 13.37.060 Continuation of Legal Nonconforming Structures
Any structure made legal nonconforming by this chapter as adopted or amended may be continued so long as it remains other wise lawful, subject to the following provisions:
1. Such structure may not be enlarged or altered in a way which increases its nonconformity, except as specifically provided for by this chapter.
2. Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the zone in which it is located.
3. Such structure may be repaired provided; a) the work consists only of the repair and replacement of walls, fixtures, wiring or plumbing.
4. Notwithstanding any of the foregoing provisions of this chapter, a legal nonconforming structure shall not be changed in its utilization to another use in any land use zone until the said structure meets all applicable requirements for new construction for said use under the various ordinances and code provisions of this city then in effect, including but not limited to Building and Fire Code provisions and property development standards for the particular zone.
5. Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any city or state official charged with protecting the public health or safety, upon order of such official.

SECTION 13.37.070 Cost of Replacement
The cost of replacement equals fair-market value.

SECTION 13.37.080 Completion of Building
Any structure for which a valid building permit has been granted prior to the adoption of this chapter or amendment thereto, as the case may be, and the actual construction of which has been started prior to date of passage of this ordinance or to the effective date of an amendment to this chapter, may be completed in accordance with the plans and specifications on file in the Building Department, even though not conforming with the provisions of this chapter or amendments thereto, as the case may be, provided:
1. The construction of proposed use of the structure is not in violation of any other ordinance or law; and
2. Work on construction of the structure is diligently carried on and completed within a reasonable time.
3. Actual construction shall be deemed to have started when construction materials have been placed in permanent position and have been permanently fastened. Excavation or grading which has been substantially begun preparatory to rebuilding shall be deemed to be actual construction if carried on diligently to and including rebuilding.

SECTION 13.37.090 Additions and Alterations to Legal Nonconforming Public Use
Additions, extensions and alterations may be made to any legal nonconforming public use, including but not limited to school, parks, libraries and fire stations, if the addition, extension or alterations: a) Does not extend beyond the boundaries of the site in existence when the use became legal nonconforming; and b) Does not infringe upon any off-street parking required by this section.

SECTION 13.37.100 Uses Under Variance or Conditional Use Permit
Uses and buildings which are existing under a variance or a conditional use permit granted under this chapter or any previous ordinance shall not be considered as legal nonconforming and shall be permitted to continue under the conditions and regulations imposed in said permit or variance and may be expanded or enlarged upon first obtaining a Conditional Use Permit under the provisions of this ordinance.

SECTION 13.37.110 Conduct Terminating Legal Nonconforming Use
The right to continue a legal nonconforming use shall terminate under any one of the following: a) Changing such use to another use not permitted in the zone, except as expressly permitted in this section. b) Increasing or enlarging the area, space or volume occupied or devoted to such use, except as expressly permitted in this section. c) Adding a conforming or legal nonconforming use, except as permitted in this section.

SECTION 13.37.120 Reconstruction Permit
When a legal nonconforming use or structure is destroyed to an extent of more than 50% of the fair market value of the structure immediately prior to destruction the Planning and Zoning Commission shall grant a Reconstruction Permit, not to exceed its existing nonconformity, when it shall appear from the facts contained in the application, from information obtained by the City, and from the evidence presented, that the following conclusions can be reached: a) The use or structure is legal nonconforming and such nonconformity was not the result of any action by any owner after the application of any action by any zoning regulation with which the building is not in conformity. b) The granting of the reconstruction permit will not permit the reconstruction of a building or land use the nonconformity of which has been or will be materially detrimental or injurious to the neighborhood or public welfare, as shown by substantive evidence.

SECTION 13.37.130 Public Utility Uses; Exemption
Nothing in this chapter pertaining to legal nonconforming structures and uses shall be construed or applied so as to require the termination, discontinuance or removal or to prevent the modernization, replacement, repair, maintenance, alteration, reconstruction or rebuilding and continued use of public utility buildings, structures, equipment and facilities, provided that there be no change or enlargement of those areas so used.
(Ord. Continuation of Legal Nonconforming Use, Amended, 10/18/2006)

CHAPTER 13.38
Annexation Procedures
SECTIONs:
13.38.010 Prezoning Unincorporated Territory
13.38.020 Property Classification
13.38.030 Annexation Schedule
13.38.040 Notification of the County Commission
SECTION 13.38.010 Prezoning Unincorporated Territory
Unincorporated territory may be prezoned by the city for the purpose of determining the zoning that will apply to such territory in the event of subsequent annexation to the city.

SECTION 13.38.020 Property Classification
The prezoning designation as approved shall be shown on the zoning map with a UA suffix attached to the designation to indicate upon annexation, for example RM (UA). Once the annexation is completed, the UA suffix shall be removed.

SECTION 13.38.030 Annexation Schedule
Any prezoned classification may be subject to a specific time table for annexation of all or part of the property to the city. They city reserves the right to review annually whether the prezoned property is being annexed to the city in conformity with the time table and the City Council may, and expressly reserves the right and power, to revoke the prezoned classification solely upon the ground that annexation has not taken place according to the timetable.

SECTION 13.38.040 Notification of the County Commission
In addition to any other public notice required, the city shall, as a part of any rezoning request, notify the County Commission of the proposed application of the prezoning process.

CHAPTER 13.39
Zoning Map
SECTIONs:
13.39.010 Adopted by Reference
13.39.020 District Classification
SECTION 13.39.010 Adopted by Reference
The zoning districts delineated within this chapter and the boundaries of such districts are shown upon the zoning map of the city and said map is made a part of this chapter as if set out fully in this chapter. All properties included in such zoning map are classified and zoned in accordance with the district designation shown on such zoning map. Amendments to the zoning map shall be subject to the provisions of this chapter.

SECTION 13.39.020 District Classification
Base districts shall be designated on the zoning map according to the following designations:

Agricultural (A-20)
Rural Residential-5 (RR-5)
Rural Residential-1(RR-1)
Residential Low 20 (RL-1-20)
Residential Low 20PD (RL-1-20PD)
Residential Low 10 (RL-1-10)
Residential Low 10PD (RL-1-10PD)
Residential Medium (RM-8)
Residential Medium (RM-6)
Residential Medium (RM-6S)
Multiple Residential Medium 7 (MR-7)
Multiple Res. Medium 7PD (MR-7PD)
Multiple Residential High 15 (MR-15)
Multiple Res. High 15PD (MR-15PD)
Main Street Commercial (MSC)
Highway Service Commercial (HSC)
Industrial Park (IP)
Manufacturing (M)
Planned Development (PD)

CHAPTER 13.40
Zoning Ordinance Amendments
SECTIONs:
13.40.010 Purpose
13.40.020 Initiation
13.40.030 Public Hearing
13.40.040 Application; Submittal Requirements
SECTION 13.40.010 Purpose
This title may be amended by changing the district regulations, zoning boundaries, or any other provision of this title in accord with the procedure described in this chapter.

SECTION 13.40.020 Initiation
1. The Planning and Zoning Commission may initiate change in text, or boundaries, proceeding by motion and then hold public hearings and make a recommendation as provided in this chapter.
2. The City Council may initiate change in text, or boundaries, proceedings by motion and then submit the matter to the Planning and Zoning Commission for public hearings.
3. A change in the boundaries of any district may be initiated by the owner of the authorized agent of the owner of the property by filing an application for a change in district boundaries. If the property for which a change of district is proposed is in more than one ownership, all the owners or their authorized agents shall join in the filing of the application. A change in the boundaries of any district may additionally be initiated by resolution of the Planning and Zoning Commission or the City Council.

SECTION 13.40.030 Public Hearing
The Planning and Zoning Commission shall hold at least one public hearing on each proposal for text or boundaries amendment. The hearing shall be set and notice given as prescribed in this ordinance.

SECTION 13.40.040 Application; Submittal Requirements
A property owner desiring to propose a change in the boundaries of the district in which his property is located, or his authorized agent, may file an application with the city for a change in district boundaries on a form prescribed by the Planning and Zoning Commission and shall include the following information:
1. Name and address of the applicant;
2. Statement that the applicant is the owner or the authorized agent of the owner of the property for which the change in district boundaries is proposed or the plaintiff in an action of eminent domain to acquire the property;
3. Address and legal description of the property;
4. An accurate, scaled drawing of the site and the surrounding area showing existing streets and property lines for a distance determined by
the City to be necessary to illustrate the relationship to any impact on the surrounding area;
5. A list of all owners of properties located within 300 feet of the exterior boundaries of the subject property, unless modified by the City, taken from the latest adopted tax roll of Beaver County; the list shall be keyed to a map showing the location of these properties.

CHAPTER 13.41
Planned Unit Development
SECTIONs:
13.41.010 Intent and Purpose
13.41.020 Definition
13.41.030 Planned Unit Development Permit
13.41.040 Required Conditions
13.41.050 Uses Allowed
13.41.060 General Site Plan
13.41.070 Review by Planning and Zoning Commission
13.41.080 Planning and Zoning Commission and City Council Action
13.41.090 Construction Limitations
SECTION 13.41.010 Intent and Purpose
The purpose of the Planned Unit Development is to allow diversification in the relationship of various uses and structures to their sites, and to permit more flexibility in the use of such sites. The application of planned unit concepts is intended to encourage good neighborhood, housing, or area design, thus insuring substantial compliance with the intent of the district regulations and other provisions of this Ordinance relating to the public health, safety, and general welfare, and at the same time securing the advantages of large scale site planning for residential, commercial or industrial developments.

SECTION 13.41.020 Definition
Planned Unit Development, for the purposes of this Ordinance, shall mean an integrated or singular design for development of residential, commercial, or industrial uses, or combinations of in a compatible manner in which one (1) or more of the regulations, other than use regulations, of the District in which the development is to be situated, may be waived or varied to allow flexibility and initiative in site and building design and location, in accordance with an approved plan and imposed general requirements as specified in this Chapter.

SECTION 13.41.030 Planned Unit Development Permit
Planned Unit Developments may be allowed by the Milford City Council approval in any zoning district. No such Planned Unit Development permit shall be granted unless such development will meet the use limitations of the zoning district in which it is to be located, including Planned Unit Developments in planned districts, and meet the density and other limitations of such districts, except as otherwise provided by this Chapter or by district regulations. Compliance with the regulations of this Ordinance in no sense excuses the developer from the applicable requirements of the Subdivision Ordinance, except as modifications thereof are specifically authorized in the approval of the application for the Planned Unit Development.

SECTION 13.41.040 Required Conditions
1. No Planned Unit Development shall have an area less than that approved by the Milford City Council as adequate for the proposed development.
2. A Planned Unit Development which will contain uses not permitted in the zoning district in which it is to be located will require a change of zoning district and shall be accomplished by an application for a zoning amendment, except that any residential use shall be considered a permitted use in a Planned Unit Development which allows residential uses and shall be governed by density, design, and other requirements of the Planned Unit Development permit.
3. The development shall be in single or corporate ownership at the time of application, or the subject of an application filed jointly by all owners of the property.
4. The Milford City Council shall require such arrangements of structures and open spaces within the site development plan as necessary to assure that adjacent properties will not be adversely affected:
A. Residential density shall in no case be more than ten (10) percent higher than allowed in the zoning district.
B. Where feasible, least height and intensity of buildings and uses shall be arranged around the boundaries of the development.
C. Lot area, width, yard, height, density and coverage regulations shall be determined by approval of the site development plan.
5. Preservation, maintenance and ownership of required open spaces within the development shall be accomplished by:
A. Dedication of land as a public park or parkway system, or,
B. Granting to the Local Jurisdiction a permanent open space easement on and over the said private open spaces to guarantee that the open space remain perpetually in recreational use. Ownership and maintenance being the responsibility of an Owners' Association established with articles of association and by-laws which are satisfactory to the Governing Body, or,
C. Complying with the provisions of the Condominium Ownership Act of 1963, Title 57, Chapter 8, Utah Code Annotated, 1953, as amended, which provides for the payment of common expenses for the upkeep of the common areas and facilities.
6. Landscaping, fencing and screening related to the several uses within the site and as a means of integrating the proposed development into its surroundings shall be planned and presented to the Planning and Zoning Commission for recommendation to the Milford City Council for approval, together with other required plans for the development.
7. The size, location, design and nature of signs, if any, and the intensity and direction of area or flood-lighting shall be detailed in the application.
8. A grading and drainage plan shall be submitted to the Planning and Zoning Commission with the application.
9. A planting plan showing proposed tree and shrubbery plantings shall be prepared for the entire site to be developed.
10. The proposed use of the particular location shall be shown as necessary or desirable, to provide a service or facility which will contribute to the general well-being of the neighborhood and the community.
11. It shall be shown that under the circumstances of the particular case, the proposed use will not be detrimental to the health, safety, or general welfare of persons residing in the vicinity of the Planned Unit Development.

SECTION 13.41.050 Uses Allowed
Subject to the review and approval of the Milford City Council, uses allowed in a Planned Unit Development shall be those uses allowed in the Planned District or other zoning district in which the Planned Unit Development is to be located; provided, that for the purposes of this Chapter and Ordinance, multiple-family dwellings may be allowed in a Planned Unit Development approved in a single-family zoning district, provided the overall density of the development does not exceed ten (10) percent above the density normally allowed for single-family dwellings in said District.

SECTION 13.41.060 General Site Plan
Application shall be accomplished by a general Site Plan showing, where pertinent:
1. The use or uses, dimensions, sketch elevations, and locations of proposed structures.
2. Dimensions and locations of areas to be reserved and developed for vehicular and pedestrian circulation, parking, public uses such as schools and playgrounds, landscaping, and other open spaces.
3. Architectural drawings and sketches outlining the general design and character of the proposed uses and the physical relationship of the uses.
4. Such other pertinent information, including residential density, coverage, and open space characteristics, shall be included as may be necessary to make a determination that the contemplated arrangement of buildings and uses makes it desirable to apply regulations and requirements differing from those ordinarily applicable under this Ordinance.

SECTION 13.41.070 Review by Planning and Zoning Commission
In order that it may review a Planned Unit Development, the Planning and Zoning Commission shall have authority to require that the following conditions (among others it deems appropriate) be met by the applicant:
1. That the proponents of the Planned Unit Development have demonstrated to the satisfaction of the Planning and Zoning Commission that they are financially able to carry out the proposed project.
2. That the proponents intend to start construction within one (1) year of the approval of the project and any necessary zoning district change, and intend to complete said construction, or approved stages thereof, within four (4) years from the date construction begins.
3. That application for Planned Unit Development in planned districts meets the requirements of such districts, including the requirements of the general development plan.
4. That the development is planned as one complex land use rather than as an aggregation of individual and unrelated buildings and uses.
5. That the development as planned will accomplish the purpose outlined in this chapter.

SECTION 13.41.080 Planning and Zoning Commission and City Council Action
In carrying out the intent of this Chapter, the Planning and Zoning Commission and City Council shall consider the following principles:
1. It is not the intent of this Section that control of the design of a Planned Unit Development by the Planning and Zoning Commission and City Council be so rigidly exercised that individual initiative be stifled and substantial additional expense incurred; rather, it is the intent of this Section that the control exercised be the minimum necessary to achieve the purpose of this Chapter.
2. The Planning and Zoning Commission may recommend approval or denial of an application for a Planned Unit Development. In a recommendation for approval, the Milford City Council may attach such conditions as it may deem necessary to secure compliance with the purposes set forth in this chapter.

SECTION 13.41.090 Construction Limitations
1. Upon approval of a Planned Unit Development, construction shall proceed only in accordance with the plans and specifications approved by the Milford City Council, and in conformity with any conditions attached by the Commission to its approval.
2. Amendments to approved plans and specifications for a Planned Unit Development, shall be obtained only by following the procedures here outlined for first approval.
3. The Building Inspector shall not issue any permit for any proposed building, structure or use within the project unless such building, structure or use is in accordance with the approved development plan and with any conditions imposed in conjunction with its approval.

CHAPTER 13.42
Combining Overlay Districts
SECTIONs:
13.42.010 When Required
13.42.020 Contents
13.42.030 Approval or Denial of Plan
13.42.040 Approval or Denial Considerations
13.42.050 Approval Subject to Condition
13.42.060 Compliance Required
13.42.070 Continuance of Existing Plans
13.42.080 Failure to Utilize a Plan
SECTION 13.42.010 When Required
1. A person shall not commence any use for which a combining overlay district applies and no building permit shall be issued for any structure to be used for or in conjunction with any such use, until a site development plan, covering the parcel or parcels to be so used shall be approved and adopted as provided in this chapter.
2. Notwithstanding any provision of the Uniform Building Code, no grading permit shall be issued for the grading or excavation of any land until a plan of design, preliminary subdivision map covering the property proposed to be graded or excavated had been approved and adopted as provided in this chapter.
3. This division shall not apply to the grading or excavation required in connection with:
A. The construction of a swimming pool or patio cover on property in a residential zone; or
B. The movement of less than 50 cubic yards of earth; or
C. The grading of any parcel of property so as to improve the land for emergency purposes involving immediate threats to public health safety and protection of property from hazards.

SECTION 13.42.020 Contents
Such a site development plan shall specify and include:
1. The locations, size, height, type and general utilization of all structures including signs walls and fences;
2. The location, size and dimensions of all yards and setbacks and all spaces between structures;
3. The plan of the proposed parking area of the development to which the parking is accessory;
4. The location dimensions and method of improvement of all property to be dedicated to the public or to public utilities;
5. Examples of proposed architectural treatment in the form of elevation;
6. The general location, area, and type of landscaping;
7. The general circulation pattern indicating public and private vehicular equestrian and pedestrians ways;
8. Relationship of present and future land uses to the surrounding area and t the general plan;
9. A preliminary report indicating provisions for storm drainage; sewage disposal, grading and public utilities;
10. A phasing plan;
11. The legal description and a location map of the subject property;
12. Any other data as may be required by the Planning and Zoning Commission or City Council in evaluating the proposed development shall be required and become an integral part of such a submittal.

SECTION 13.42.030 Approval or Denial of Plan
Any such site development plan may be denied, approved, modified and approved or approved subject to conditions, Any such site development plan after approval may be amended, in the same manner as a site development plan is first approved under this chapter.

SECTION 13.42.040 Approval or Denial Considerations
1. In the approval or denial of a site development plan consideration shall be given to the following and restrictions shall be imposed as necessary:
A. The size and shape of the parcel
B. The present and proposed zoning:
C. The use of the subject property and the surrounding property; and
D. o permit the same degree of enjoyment of the subject property, but subject to the same degree of protection of adjoining properties, as would be accorded in normal circumstances by the standard restrictions imposed by this chapter.
2. The standard restriction imposed in the various zones by this chapter relating to the subjects mentioned in this section are intended as minimum restrictions necessary in normal circumstances to prevent substantial depreciation of property values in the vicinity, unreasonable interference with the use and enjoyment of property in the vicinity by the occupants thereof for lawful purposes and the protection of the public peace, health, safety and general welfare. "Normal circumstances" are intended to refer to the case of a permitted use upon a lot of normal size and shape surrounded by property in the same zone as the lot in question. The City Council upon recommendation of the Planning and Zoning Commission may require additional conditions where circumstances warrant.

SECTION 13.42.050 Approval Subject to Condition
A site development plan may be approved subject to the granting of a change of zone, a conditional use permit, a variance, or the approval of a final subdivision map.

SECTION 13.42.060 Compliance Required
No person shall violate or fail to comply with any approved site development plan or any conditions or provisions thereof nor shall a building permit be issued for any structure which would violate or fail to comply with any structure which would violate or fail to comply with any approved site development plan for the parcel or parcels on which such structure is to be located. In the event any such permit is issued, it shall be null and void and have no further effect.

SECTION 13.42.070 Continuance of Existing Plans
Any plan previously approved and in effect, shall remain in effect regardless of any changes to zoning regulations subsequently adopted unless the plan is made null and void or amended a the time of adopting said new regulations.

SECTION 13.42.080 Failure to Utilize a Plan
1. Failure to utilize a plan, by an applicant or his
successor, within two years of its effective date (unless extended by action of the Planning and Zoning Commission) will automatically void such plan. In the event construction work is involved, such work must actually commence within the stated period and be diligently pursued. If the city should find that there has been no construction of substantial character taken or if such construction should lapse for more than six months, the plan shall be void. Said lapse of approval shall not apply to public plans.
2. Extension of time up to a maximum of one year may be granted from the date of expiration of the plan by the Planning and Zoning Commission when extenuating circumstances can be clearly shown by the application. The request for same shall be submitted to the Planning and Zoning Commission in writing, with appropriate fees, 30 days prior to the expiration date and shall clearly state the reasons why construction has not commenced. Said one year extension(s) are limited to three. This subsection dealing with extensions is of no force and effect when applicant has an approved Development Agreement on file covering the same area as the plan.

CHAPTER 13.43
Enforcement and Penalties
SECTIONs:
13.43.010 Enforcement Duties
13.43.020 Revocation of Permits
13.43.030 Penalty
SECTION 13.43.010 Enforcement Duties
1. It shall be the duty of the City to enforce the provisions of this chapter pertaining to the use of land, and the erection, construction, reconstruction, moving, conversion, alteration, or addition to any building or structure.
2. It shall be the duty of the city and of all officers of the city otherwise charged with the enforcement of the law to enforce this title and all the provisions of the same.

SECTION 13.43.020 Revocation of Permits
Failure to abide by and faithfully comply with any and all conditions that may be attached to the granting of any planned unit development, conditional use permit, home occupation, or variance or special, public, or temporary use permit pursuant to the provisions of this chapter shall constitute ground for the revocation of the planned unit development, conditional use permit, home occupation, or variance or special, public, or temporary use permit by the Milford City Council. All remedies provided for in this chapter shall be cumulative and not exclusive.

SECTION 13.43.030 Penalty
1. Violation; Infraction. Any person, firm or corporation, whether as principal, agency, employee or otherwise, violating any provisions of this title or any planned unit development, conditional use permit, home occupation, or variance or special, public, or temporary use permit granted under this title, is guilty of an infraction for the first instance of any such violation, and shall be guilty of a Class B misdemeanor for a second or any subsequent violation of the same provision of this section or of any order of regulation made hereunder.
2. Continuing Violation; Misdemeanor, Such person, firm, or corporation is deemed guilty of a separate offense for each and every day during any portion of which any violation of this chapter is committed, continued or permitted by such person, firm or corporation, and shall be punishable as provided this chapter.
3. Penalties.
A. Any person, firm or corporation found guilty of an infraction under the provisions of this title shall be punishable pursuant to the provisions of this code.

CHAPTER 13.44
Signs
SECTIONs:
13.44.010 General
13.44.020 Purpose
13.44.030 Interpretation
13.44.040 General Regulations
13.44.050 Inspections
13.44.060 Enforcement
13.44.070 Notice Requirement
13.44.080 Sign Permit and Permit Fee Required
13.44.090 Re-inspection Fee
13.44.100 Codes and Symbols
SECTION 13.44.010 General
The regulations contained in this section shall be known and may be cited as “Sign Regulations” of the Zoning code of the City of Milford.

SECTION 13.44.020 Purpose
The purpose of sign regulations set forth in this document shall be to minimize potential hazards to motorists and pedestrians; to encourage signs which, by their design, are integrated with and harmonious with the buildings and sites which they occupy; to encourage sign legibility through the elimination of excessive and confusing sign displays; to reduce driver inattention; to preserve and improve the appearance of Milford City as a place in which to live and work and as an attraction to non-residents who come to visit or trade; to safeguard and enhance property values; to protect public and private investment in buildings and open spaces; to supplement and be a part of the regulations imposed and the plan set forth under the zoning ordinances of Milford City; and to promote the public health, safety an general welfare.

SECTION 13.44.030 Interpretation
In interpreting and applying the provisions of this code, the sign regulations contained herein are declared to be the minimum standards allowable for the purpose set forth. The types of signs allowed by this code shall be plenary and sign types not specifically allowed as set forth within the code shall be prohibited. It is not intended by this to interfere with nor abrogate nor annul any easement, covenants, nor other agreements between private parties existing at the time of the effective date of this code; provided however, that where this code imposes a greater restriction upon signs, and the location thereof requires or imposes other conditions than those required or imposed by other laws, ordinances or restrictions, the provisions of this code shall control.

SECTION 13.44.040 General Regulations
1. Except as provided in this code, no sign shall be erected, raised, moved, placed, reconstructed, extended, enlarged, or altered, or have the text of the sign changed, except in conformity with the regulations herein specified for the use district in which it is located.
2. All signs hereafter erected in Milford City shall comply with the current standards of the National Electrical Code, the Uniform Building Code, the Zoning Ordinance and all other Ordinances of the City of Milford.
3. All signs shall be maintained in good condition. Exposed parts of signs shall be painted or treated chemically in such a manner as to preserve the condition, aesthetics, and life of such signs. Moving parts shall be maintained in operable condition; and signs designed to be lighted shall be maintained with a full complement of the lighting facilities required by the design of each such sign.
4. All signs identifying a discontinued use on the property shall be removed from the property by the sign owner within thirty (30) calendar days of the time the use was discontinued.
5. Non-conforming signs costing more than two hundred (200) dollars to replace and legally existing at the time of adoption of this shall be exempt from compliance with the provisions of this for a period of five (5) years, after which time such signs shall be made to conform to such provisions and to any other sign provisions adopted by the Governing Body subsequent to adoption of this or shall be removed. Non-conforming signs costing less than two hundred (200) dollars and legally existing at the time of adoption of this shall be made to conform to such provisions within ninety (90) calendar days from the date of notification of such non-conformance by the Zoning Administrator or Building Official, or shall be removed within Ninety (90) calendar days of such notification.
6. No sign erected before the adoption of this code shall be moved to a new location on the lot or building or enlarged or replaced unless it is made to comply with regulations of this code.
7. Nameplate signs shall be allowed in all zoning districts without the necessity of obtaining a sign permit if the sign area does not exceed forty-eight (48) square inches.

SECTION 13.44.050 Inspections
The Building Official for Milford City shall have the following duties with regard to sign inspections:
1. To make an initial inspection of any sign upon the completion, erection, reconstruction or remodeling of the same and notification of said completion, erection, reconstruction or remodeling. This inspection shall be made to assure compliance with the provision of these regulations, other ordinances of Milford City and conditions precedent to the issuance of a conditional use permit if applicable.
2. To inspect each sign for which a complaint of non-compliance with local ordinances is made in writing to the building official or Milford City staff.
3. To make routine spot checks of all signs to assure compliance with these regulations, ordinances of Milford City and conditions precedent to the issuance of a conditional use permit if applicable.

SECTION 13.44.060 Enforcement
The Building Official of Milford City is hereby vested with duty of enforcing the sign regulations of this code and in the performance of such duty is empowered and directed.
1 To issue permits to construct, alter or repair of signs which conform to the ordinances of Milford City.
2 To ascertain that all signs, construction of, or maintenance of any sign is in conformance with ordinances of Milford City and the conditions imposed precedent to the issuance of a conditional use permit if applicable.
3 To issue a notice of violation to the person having charge or benefit of any sign found by the building official to be unsafe, or dangerous, or in violation of the ordinances of Milford City.
4 To institute any appropriate action or proceedings in any case where any sign is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or in any case where any sign is used in violation of any ordinance of Milford City, including, but not limited to the zoning ordinance, to accomplish the following purposes: (1) to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, and (2) to restrain, correct, or abate such violation.
5 To abate and remove any unsafe or dangerous sign which is not repaired or made safe within five (5) working days after giving appropriate notice to the person having charge, control, or benefit of any such sign. In such an event, the person having charge, control or benefit of such sign shall pay Milford City the costs incurred in such removal within thirty (30) calendar days after written notice is mailed to such person. Upon failure to pay the costs incurred in abating and removing or unsafe or dangerous sign, Milford City may, by action of its governing body, place a lien against the property owned by the person having charge, control or benefit of such sign to assure compliance with this provision.
6 To abate and remove any illegal sign other than unsafe or dangerous signs which is not made to conform within ninety (90) working days after giving appropriate notice to the person having charge, control or benefit of any such sign. In such event, the person having charge, control or benefit of such sign shall pay to Milford City the costs incurred in such removal within ninety (90) calendar days after written notice is mailed to such person. Upon failure to pay the costs in abating and removing an illegal sign, Milford City may, by action of its governing body, place a lien against the property owned by the person with charge, control or benefit of such sign to assure compliance with this provision.
7. To abate and remove any non-maintained or abandoned sign which is not repaired or put into use within ten (10) working days after giving appropriate notice to the person having charge, control or benefit from any such sign. In any such event, the person having charge, control or benefit of such sign shall pay to Milford City the costs incurred in such removal within ninety (90) calendar days after written notice is mailed to such person. Upon failure to pay the costs incurred in abating and removing a non-maintained or abandoned sign, Milford City may, by action of its governing body, place a lien against property owned by the person having charge, control or benefit of such sign to assure compliance with this provision.

SECTION 13.44.070 Notice Requirement
Notification by Milford City to persons having charge, control, or benefit of any sign found by the building official to be unsafe or dangerous or in violation of the zoning ordinance or any other Milford City ordinance and where Milford City is contemplating removal of said sign shall be accomplished by Milford City through registered mail. Any such notice shall state the exact nature of the violation, the exact time and date by which the non-complying condition or use must be remedied and the appeals procedure by which the person having charge, control or benefit of such sign may appeal the decision of the building official.

SECTION 13.44.080 Sign Permit and Permit Fee Required
All signs hereafter erected in Milford City shall be erected, reconstructed, or remodeled only in accord with the authority authorized by the sign permit issued by Milford City. Application for a sign permit shall be made to the building official and shall be accompanied by a fee to defray the expense to Milford City in administration of this. Such fee shall be established by resolution of the governing body. A sign permit shall be issued by the building official if the proposed sign is found by the building official to be in compliance with the provisions of this code and other Milford City ordinances.

SECTION 13.44.090 Re-inspection Fee
In the event that a notice of violation is issued, a re-inspection fee shall be charged to defray the costs of re-inspection. Said re-inspection fee shall be charged for each inspection required until applicable regulations of Milford City are complied with. The amount of the fee shall be established by resolution of the governing body.

SECTION 13.44.100 Codes and Symbols
In the following sections of this, uses of land or buildings which are allowed in the various districts are shown as “permitted uses” indicated by a “P” in the appropriate column, or as “conditional uses” indicated by a “C” in the appropriate column. If a use is not allowed in given district, it is either not named in the use list or it is indicated in the appropriate column with a dash “-“. If a regulation applies in a given district, it is indicated in the appropriate column by numeral to show the linear or square feet required; or by the letter “M” to indicate maximum building height allowed in a particular district; or by the letter “B” to indicate actual height of the building to which the sign is affixed or the height of the sign; or by the letter “S” to indicate the required building setback, whichever is applicable. If the regulation does not apply, it is indicated in the appropriate column by a dash “-“.

CHAPTER 13.45
Commercial Wind Energy Systems defined as > 100 kW
SECTIONs:
13.45.010 Purpose
13.45.020 Requirements for Commercial Wind Energy Systems
13.45.030 Safety and Access
13.45.040 Noise
13.45.050 Visual Appearance
13.45.060 Electrical Connections
13.45.070 Communications Signal Interference
13.45.080 Over-speed Controls
13.45.090 Fire Protection
13.45.100 Land Use Application

SECTION 13.45.010 Purpose
The purpose of this Section is to establish minimum requirements and regulations for the placement, construction and modification of Commercial Wind Energy Systems, as defined herein, while promoting the safe, effective and efficient use of such systems.
(Ord. Ordinance 6/2008, Add, 06/18/2008)

SECTION 13.45.020 Requirements for Commercial Wind Energy Systems
1. Permitted Locations: A Commercial Wind Energy System shall be authorized by approval of a Conditional Use Permit issued by the Milford City Planning and Zoning Commission.
2. Minimum Parcel Size: No Commercial Wind Energy System shall be established on any parcel less than twenty (20) acres in size.
3. Total Height: The total height of a Commercial Wind Energy System shall not exceed one-hundred fifty (150) feet.
4. Setbacks:
Property Lines: All Commercial Wind Energy Systems shall be set back from the nearest property line and public road right-of-way not less than five hundred (500) feet.

Design Standards: A Commercial Wind Energy System shall demonstrate that structure, location and sitting will not result in undesirable shadow flicker on an adjacent property or structure, including a finding that the Commercial Wind Energy System can be authorized as a Conditional Use, complying with all requirements of Chapter 13.36 herein and this Section. In addition, the Land Use Authority shall consider the following when considering a Land Use Application for a Wind Energy System (Commercial);

a. Avian Impacts.
b. Visual Impacts, appearance and Scenic View Sheds.
c. Wildlife Habitat Areas and Migration Patterns.
d. Reclamation and Abandonment Plans.
e. Lighting and Federal Aviation Administration (FAA) height restrictions, including Airport Proximity and Air Traffic Safety.
f. Fencing and Security.
g. Height Considerations.
h. Noise Impacts.
i. Shadow Flicker and Strobe Effects.
j. Telecommunications Interference.
k. Other Issues and Impacts, as applicable.
(Ord. Ordinance 6/2008, Add, 06/18/2008)

SECTION 13.45.030 Safety and Access
1. No tower shall have any climbing apparatus within fifteen (15) feet of the ground. All access doors or access ways to towers and electrical equipment shall be locked at all times.
2. Appropriate warning signage shall be placed on towers, electrical equipment and wind energy system entrances
(Ord. Ordinance 6/2008, Add, 06/18/2008)

SECTION 13.45.040 Noise
No Commercial Wind Energy System shall exceed sixty decibels (60 dBA) as measured at the property line or fifty decibels (50 dBA) measured at the nearest neighboring inhabitable building.
(Ord. Ordinance 6/2008, Add, 06/18/2008)

SECTION 13.45.050 Visual Appearance
1. Commercial Wind Energy System shall be finished in a rust-resistant, non-obtrusive finish and color that is non-reflective.
2. No Commercial Wind Energy System shall be lighted unless required by the Federal Aviation Administration (FAA).
3. No advertising signs of any kind shall be permitted on any Commercial Wind Energy System.
4. Appropriate landscaping shall be maintained in accordance with section 13.33.
(Ord. Ordinance 6/2008, Add, 06/18/2008)

SECTION 13.45.060 Electrical Connections
All electrical connections and distribution lines shall comply with all applicable codes and public utility requirements
(Ord. Ordinance 6/2008, Add, 06/18/2008)

SECTION 13.45.070 Communications Signal Interference
All efforts shall be made to site Commercial Wind Energy System to reduce the potential for blocking or reflecting television and other communication signals. No Commercial Wind Energy System shall cause permanent and material interference with television or other communication signals.
(Ord. Ordinance 6/2008, Add, 06/18/2008)

SECTION 13.45.080 Over-speed Controls
All Commercial Wind Energy System shall be equipped with both manual and automatic over-speed controls
(Ord. Ordinance 6/2008, Add, 06/18/2008)

SECTION 13.45.090 Fire Protection
All Commercial Wind Energy System shall have a defensible space for fire protection in accordance with the Beaver County Wildland-Urban Interface Code.
(Ord. Ordinance 6/2008, Add, 06/18/2008)

SECTION 13.45.100 Land Use Application
All Land Use Applications to establish a Commercial Wind Energy System shall, in addition to the Conditional Use Application materials required by Chapter 13.36, herein, provide the following information;
1. Elevations of the proposed site to scale showing the height, design and configuration of the Commercial Wind Energy System and distance to all existing structures, buildings, roads and streets, electrical lines, property and fence lines.
2. Engineering drawings of the proposed Commercial Wind Energy System;
a. Tower design, including its weight capacity.
b. Foundation and anchor design and soil conditions and specifications for the soil conditions at the site.
c. Specific information on the type, size, rotor material, rated power output, performance, safety and noise characteristics of the proposed Commercial Wind Energy System including the name and address of the manufacturer and model.
d. Emergency and normal shutdown procedures.
(Ord. Ordinance 6/2008, Add, 06/18/2008)

CHAPTER 13.46
Residential Wind Energy Systems
SECTIONs:
13.46.010 Purpose
13.46.020 Requirements for Residential Wind Energy Systems
13.46.030 Safety and Access
13.46.040 Noise
13.46.050 Visual Appearance
13.46.060 Electrical Connections
13.46.070 Communications Signal Inference
13.46.080 Over-speed Controls
13.46.090 Fire Protection
13.46.100 Land Use Application
SECTION 13.46.010 Purpose
The purpose of this Section is to establish minimum requirements and regulations for the placement, construction and modification of Residential Wind Energy Systems, as defined herein, while promoting the safe, effective and efficient use of such systems.
(Ord. Ordinance 6/2008, Add, 06/18/2008)

SECTION 13.46.020 Requirements for Residential Wind Energy Systems
1. Permitted Locations: A Residential Wind Energy System shall be authorized by approval of a Conditional Use Permit issued by the Milford City Planning and Zoning Commission.
2. Setbacks: The following setbacks and separation requirements shall apply to all Wind Turbines; provided, however, that the Committee may reduce the standard setbacks and separation requirements if the intent of this Ordinance would be better served thereby.
a. Inhabited structures: Each Wind Turbine shall be set back from the nearest residence, school, hospital, church or public library, a distance no less than the greater of (a) two (2) times its Total Height or (b) one thousand (1,000) feet.
b. Property lines: Each Wind Turbine shall be set back from the nearest property line a distance no less than 1.1 times its Total Height, unless appropriate easements are secured from adjacent property owners, or other acceptable mitigation is approved by the Committee.
c. Public Roads: Each Wind Turbine shall be set back from the nearest public road a distance no less than 1.1 times its Total Height, determined at the nearest boundary of the underlying right-of-way for such public road.
d. Communication and electrical lines: Each Wind Turbine shall be set back from the nearest above-ground public electric power line or telephone line a distance no less than 1.1 times its Total Height, determined from the existing power line or telephone line.
3. Design Standards: A Residential Wind Energy System shall demonstrate that structure, location and sitting will not result in undesirable shadow flicker on an adjacent property or structure, including a finding that the Residential Wind Energy System can be authorized as a Conditional Use, complying with all requirements of Chapter 13.36 herein and this Section. In addition, the Land Use Authority shall consider the following when considering a Land Use Application for a Residential Wind Energy System;
a. Pole or Tower Design. The design of the small wind energy system shall be a monopole or freestanding design or guy wired tower. Guy wired shall be marked correctly and/or fenced for safety.
b. Minimum Blade Height. The minimum height of the lowest extent of a turbine blade shall be 25 feet above the ground.
(Ord. Ordinance 6/2008, Add, 06/18/2008)

SECTION 13.46.030 Safety and Access
1. No tower shall have any climbing apparatus within fifteen (15) feet of the ground. All access doors or access ways to towers and electrical equipment shall be locked at all times.
2. Appropriate warning signage shall be placed on towers, electrical equipment and wind energy system entrances.
(Ord. Ordinance 6/2008, Add, 06/18/2008)

SECTION 13.46.040 Noise
No Residential Wind Energy System shall exceed sixty decibels (60 dBA) as measured at the property line or fifty decibels (50 dBA) measured at the nearest neighboring inhabitable building
(Ord. Ordinance 6/2008, Add, 06/18/2008)

SECTION 13.46.050 Visual Appearance
1. Residential Wind Energy System shall be finished in a rust-resistant, non-obtrusive finish and color that is non-reflective.
2. No Residential Wind Energy System shall be lighted unless required by the Federal Aviation Administration (FAA).
3. No advertising signs of any kind shall be permitted on any Residential Wind Energy System.
4. Appropriate landscaping shall be provided to screen all accessory structures from roads and adjacent residences and public buildings.
(Ord. Ordinance 6/2008, Add, 06/18/2008)

SECTION 13.46.060 Electrical Connections
All electrical connections and distribution lines shall be underground and comply with all applicable codes and public utility requirements
(Ord. Ordinance 6/2008, Add, 06/18/2008)

SECTION 13.46.070 Communications Signal Inference
All efforts shall be made to site Residential Wind Energy System to reduce the potential for blocking or reflecting television and other communication signals. No Residential Wind Energy System shall cause permanent and material interference with television or other communication signals.
(Ord. Ordinance 6/2008, Add, 06/18/2008)

SECTION 13.46.080 Over-speed Controls
All Residential Wind Energy System shall be equipped with both manual and automatic over-speed controls
(Ord. Ordinance 6/2008, Add, 06/18/2008)

SECTION 13.46.090 Fire Protection
All Residential Wind Energy System shall have a defensible space for fire protection in accordance with the Beaver County Wildland-Urban Interface Code.
(Ord. Ordinance 6/2008, Add, 06/18/2008)

SECTION 13.46.100 Land Use Application
All Land Use Applications to establish a Residential Wind Energy System shall, in addition to the Conditional Use Application materials required by Chapter 13.36, herein, provide the following information;

1. Elevations of the proposed site to scale showing the height, design and configuration of the Residential Wind Energy System and distance to all existing structures, buildings, roads and streets, electrical lines, property and fence lines.
2. Engineering drawings of the proposed Residential Wind Energy System identifying;
a. Tower design, including its weight capacity.
b. Foundation and anchor design and soil conditions and specifications for the soil conditions at the site.
c. Specific information on the type, size, rotor material, rated power output, performance, safety and noise characteristics of the proposed Residential Wind Energy System including the name and address of the manufacturer and model.
d. Emergency and normal shutdown procedures.
e. Electrical drawings identifying all electrical components and in sufficient detail to establish that the installation conforms to all applicable electrical codes.
f.) Evidence that the electrical service provider has been notified of the intent to install an interconnected electricity generator, unless the system will not be connected to the electricity grid.
(Ord. Ordinance 6/2008, Add, 06/18/2008)