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Show 4 . Thursday, December 6, 1950 SOUTHERN Person Any individual, firm, Yard, Rear - "STyard extending social across the full width of the lot club, fraternal organization, cor- and more or less opposite to the poration, estate, trust, business front yard. The depth of the trust, receiver, syndicate, and rear yard is the minimum hor- any other county, city, municipality, 1ontal distance between the rear district, or other political of the main building and the rear j subdivison, or any other group of the lot. or combination acting as a unit. Yard, Side A yard between Proposed Roads Any roads a building and the adjacent side proposed by the Kanab City lot line, extending from the front Planning Commission and shown yard setback to the rear yard on the master plan of streets, setback. The width of the rewhich road or roads have been quired side setback shall be approved by the City Council of measured horizantally from the Kanab City. nearest point of the side lot line Setback The shortest distance toward the nearest part of the between the property line and building. i association, UTAH that have been filedwith the ected, constructed, reconstructed, Building Inspector prior to the effective date of this ordinance but which do not conform to the regulations o fthls ordinance may be constructed and shall be deemed a use within the meaning of this ordi- nance, provided however, that construction Is commenced within thirty (30) days and diligently prosecuted to completion. Conflict. This ordinance shall not nullify the more restrictive provisions of covenants, agreements, deed restrictions, or other ordinances or laws, but altered, repaired, converted, or maintained or where any building, structure, or land Is used in violation of this ordinance or amendment thereto, the Zoning Administrator or City Attorney, In addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use, to restrain, correct, or abate such violation, to prevent the occupancy of such building, structure, or land, or to prevent any illegal act. conduct of. business. or use in or about such premises. Permits to Comply with Ordinance. From the time of the effective date of this ordinance, the Zoning Administrator shall not grant a permit for the erection or alteration of any building or structure if such erection or alteration would be in violation of the provisions of this ordinance. Licenses to Conform with Zoning Ordinance. No permit or pertaining to the use of land or buildings shall be issued by any officer or employee of Kanab City unless the application for the permit or license has been approved by the Zoning Administrator as to conformance with the provisions of this ordinance. Any permit or license, if issued in conflict with the provisions of this ordinance, shall be null and void. ( .Page Hve NEWS Who May Make Appeals. person or citizen or any of-- ! fiier. department, board, or bur-- . of the city may appeal to the Board of Adjustment by fil- Ing a request in writing with the Administrator. Upon the furnishing of such information as required by the rules and regulations of said board, the Zoning Administrator shall forth with transmit to the said board the papers, records, and other pertinent data appertaining to the appeal. . Notice of Hearing. The board of adjustment shall fix a 7-- property in a manner reason-Anably similar . to that of other property in the same zone. fre a variance can be granted, be board must find upon the evidence before it that the nK f a variance is in harmony with the purposes of the ioning y Be-ea- u grant-Zonin- g plan. mission may call a public hear- ing before submitting its recommendations to the City Council. Notice. Amendments to this ordinance shall be adopted only after a public hearing in .relation thereto before the City Council, in which parties in interest and citizens shall have an opportunty to be heard. A notice of the time and place of such hearing shall be published in a newspaper of general circulation within the city at least fifteen (15) days prior to the time of such hearing. 8-- The enlargement of or addition to a building or struc- ,, k ture occupied by a non conform-aling use, provided that It oan be shown that the enlargement or addition is reasonably necessary to the health, safety, convenient e, or general welfare of the reasonable time for the hearing public. shall prevail notwithstanding of the appeal or other motion the building or part therof. 7 Where a zone boundary ARTICLE IX. PENALITIES, ARTICLE V. GENERAL PRO- such provisions which are less EFFECTIVE DATE of The is which it Building restrictive. top upon Square required fo line divides a lot or parcel of VALIDITY, VISIONS of the exterior yalls of a buildnotice and shall effective pass give the public retord at 9-existing Unlawful to Build without Zoning of Annexed Territhereof. The Board of Adjust- - date of this ordinance Into more Permit. It shall be unlawful to Uses. ing or, In the case of a building tory. All land or territory anment may publish a notice of the than one zone, the board of having exterior walls which vary Continuation. A nexed to the city after the eferect, construct,- reconstruct, alIn height, the average of the and may mail postcards justment may permit the exten- ter, or change the use of any building or structure fective date of this ordinance or letter notice to interested sion of a use authorized in either and the top of the exterior walls. use of shall immediately become classibuilding or other structure or Street A public thoroughfare, land may be continued and may fied in the zone within the city property owners. The Board of on. to include the entire lot. the use of land within Kanab at least thirty (30) feet in width, be expanded but not to exceed having the longest side abutting Adjustment shall decide the t,ut not to the extent of more City, Utah, without first obtain-nl- g same within a reasonable time. than fifty (50) feet. Including all land within right-of-wa- twenty-fiv(257r) of the floor upon the annexation. a permit to do so from the lnes vhich has been ded- area contained within the buildDeiision. In the exercise of Planning Administrator. Appearance at Hearing Boundaries of Zones. At the hearing, any party may its duties ami powers as herein icated, condemned, or abandoned ing at the time of the effective It shall be unlawful for Where uncertainty exists with to the public as such and has date of this ordinance. in person or by agent set forth, the Board of Adjust- any person td violate any of the appear to of the boundaries the respect been maintained by Kanab City or by attorney. ment may reverse or affirm, provisions of this ordinance. Reparis, Alterations, and various zones, the following as a public street, other than an modor are 7. Pend 7 of person, may firm, or corporation, Any alterashall wholly Proceedings rules partly, Enlargements. Stay Repairs, apply: alley, which affords the princi- tions, and enlargements may be whether as principal, agent, emAppeal. An appeal stays all ify the order, requirement, ing Where Indicated the pal means of acces to abutting made to the extent permitted in boundaries on the zone or determination of .the ployee, or otherwise, violating proceedings in furtherance of map are property. unless the Zoning Administrator and may or causing or permitting the action from, appealed or street approximately alley - Structure officer from whom the appeal make such order or requirement violation of the provisions of this Anything constructAdit ions. A building lines, said streets or alleys shall is taken certified to the Board as ought to be made, provided, ordinance shall be guilty of a ed or erected which requires loonly as to setback be construed to be the zone cation on the ground, but not of Adjustment after the notice however, that in interpreting misdemeanor, and upon convicbe added boundaries. to, regulations may a tent or vehicle. of appeal shall have been filed and applying the provisions of tion thereof shall be punishable provided .the portion so added Where the Indicated with him that by reason of facts this ordnance the requirements by a fine of not more than $299 Tourist Court or Motel A conforms to the setback regula- boundaries are approximatey lot stated in the certificate a stay contained herein shall be deem or by imprisonment In the coungroup of attached or detached tions. lines, said lot lines shall be conrooms would, in his opinion, cause im- ed to be the minimum require- ty jail for a term not exceeding guest buildings containing Moving of Buildings. strued to be the zone boundaries minent peril to life or property. ments for the purposes set three (3) months, or by both or dwelling units, some or all of In such case, proceedings shall forth. fine and Imprisonment. Each which have a separate entrance Buildings or portions thereof unless otherwise indicated. ARTICLE VII BOARD OF 3. Where land has not been only as to setnot be stayed otherwise than by 10. Vote. The concurring vote and every day during which such leading directly from the out back 7 ADJUSTMENT regulations shall not be subdived into lots and blocks, the side of the building, with garage restraining order which may be of three members of the Board violation shall occur shall conif to do so will increase zone boundaries shall be deteror parking space conveniently moved Creation of Board of Ad- granted by the Board of Adjust- shall be necessary to decide on stitute a separate offense. portion of mined by use of the scale of ment or by the district court up located on the lot and which is the Validity. If any section, any matter upon which It Is re- the building. shown on the map. justment. measurement on or paragraph, clause, application and notice and on used, designed, intended, tQ is hereby created a There (m, Restoration of Damaged or Where further uncertain- Board of due cause shown. or provision of this phrase wholly or in part, for the acwhich Adjustment, Appeal. Any person ag- ordinance shall be adjudged inA non - conforming ty exists, the Board of Adjustof commodation of automobile tran- Buildings. Board the of Powers memshall consist of five (5) grieved by any decision of the valid or held unconstitutional, building which is damaged or ment shall Interpret the map. sients. Tourist courts include each to be appointed by the Adjustment. bers, Board of Adjustment may have flood, wind, courts, motels, motor lodges destroyed by fire, To hear and decide ap- and maintain a plenary action the same shall not affect the ARTICLE VI. ENFORCEMENT City Council, for a term of five or or of act other of this ordinance as a earthquake motor not but and courts, camps (5) years, provided that the peals wherein it is alleged that for relief therefrom in any court validity or God may be restored to the same whole, or trailer courts. any part or provision reEnforcement Officer. is of the in of error members terms the there any order, of competent Jurisdiction, pro- thereof other extent at time the the than the part so eyisting There is hereby created the first board so appointed shall be quirement, decision, or determi- vided that petiton for such r Trailer A vehicle designed occurred, provided office of Zoning Administrator. such that the term one mem- nation by the Zoning Adminis- lief is presented to the court decided to be invalid or unconfor or used for human habita- destruction of such restoration shall be started The tion. zoning administrator shall ber shall expire each year. Any trator in the enofreement of this within thirty (30) days after the stitutional. six (6) months and is dil- be within Effective Date. In view of with the administra- member may be removed for ordinance. Trailer Court Any area or charged filing of such decision In the of intract of land where space Is used, igently prosecuted to completion. tion and enforcement of this cause by the City Council upon To grant a variance from fie of the Board of Adjustment. the fact that there is a large Discontinuance. If a crease of homes and businesses ordinance. The Building Inspec- written charges and after public the strict letter of the regularented, or held out for rent to use of land or use tor appointed under the provis- hearing. If such public hearing tions of this impending develowners and users of trailers or ordinance, provided ARTICLE VIII. AMENDMENTS and in view of conditions of a building Is changed to a con- ion of the Building Code Ordi- is and requiropments Vacancies shall be that a property owner can show tent campers. requested. This zoning ordinance, inprompt adoption of a ing Yard Any space on a lot oth- forming use or It discontinued nance of Kanab City shall be the filled for the unexpired term of that, because of exceptional be amendthe map, may zoning plan, it is the er than a court, which is open for a period of one (1) year or zoning administrator. or cluding shallowness, any member whose term is not narrowness, ed from time to time by the of the City Council that opinion 6-not but One and is unobstructed from the more, any future use of said or lot member, Permits parcel Building Requir- completed. shape of a specific Council, but all proposed an emergency exists and that, building or land, or construction, ed. more than one, of the Planning of land or by reason of peculiar City ground to the sky. amendments shall be first subreYard, Front A yard extend- reconstruction, alteration, or The erection or removal of Commission shall be a member topographical features or other mitted to the Planning Commis- for the immediate preservation in to be shall of the peace, health, safety, and buildings pairs of situAdjustment. ing across the full width of the any building or structure or any of the Board xtraordinary or peculiar sion for its recommendations, general welfare of the City of lot, the depth of which Is the conformity with the provisions part thereof shall not be comof Board. of Organization which recommendations shall be Kanab, Utah, and its Inhabitants, ations, the strict application of ordinance. this beexminimum horizontal distance menced or proceeded with, The Board of Adjustment shall, the terms of this ordinance returned to the City Council for this ordinance should take efPlans Already Filed. tween the main building and the cept after the issuance of a writ organize and elect a chairman would prohibit the use of his its consideration within thirty fect upon its passage and first Plans for any lawful buildings ten permit for the same by the and front of the lot. rules In, accordance (30), days., Before adopt t Zoning Administrator. Commission shall recommend publication. with the provisions of this ordiThis ordinance shall take Plat of Building Required. nance. Meetings of the board an amendment to the zoning or- effect upon Its passage and first All applications for building shall be held at the call of the dinance, it must be shown that publication in a newspaper of such amendment is reasonably permits shall be accompanied by chairman and at such other general circulation in the city. a plat drawn to scale showing times as the board may deternecessary to the health, safety, PASSED BY THE CITY COUNFurniluro the location of the lot with re- mine. The chairman or, In his Living morals, convenience, or general CIL OF KANAB CITY. UTAH, welfare of the city and its In THIS 27th DAY OF NOVEMspect to land survey monuments, absence, the - acting chairman the sizeand location of the ex- may administer oaths and comhabitants and that the public BER, 1956. Have and Interest will be enhanced by isting buildings, and buildings to pel the attendance of witnesses. R. Aiken be erected. The plat shall also All meetings of the board shall such amendment Failure on the Mayor or show that the area of the lot remodeled be open to the public. The board part of the Planning Commis- ATTEST: sion to make recommendations parcel of land upon which the shall keep minutes of Its prowithin (30) days shall be deem Lula Robinson, building or structure Is to be lo- ceedings, showing the vote of cated conforms to the regula- each member upon each quesed to constitute approval of such City Recorder will ' ) H STATE tions of the zone in which such tion, or If absent or falling to proposed amendment unless e one-thircond ss. of look proposed building is to be vote, indicating such fact, and longer period is granted by the KANE ) COUNTY ComOF structed. CounciL The exam of its records shall Planning City keep f. to one-hal5-- 2. 6-- 5-- 5-- 1. 8-- g y 5-- g 7-- - 7-- 9 9-- 6-- 6. e 4. 5-- 4 7-- 9-- , J 7-- 6-- 9-- 2. P-- com-prehens- 7-- '- 9-- 6-- Rccn Shabby? yours Professional service guarantee at savings latest style OF-UTA- Powers and Duties of the Zoning Administrator. It shall be the duty of the Zoning Administrator to Inspect or cause to be Inspected all plans for the construction or repair of buildings, to visit all buildings In the course of construction, to enforce all of the provisions of this ordinance, entering actions In the court when necessary, and his failure to do so shall not legalize any violation of such provisions. In any case where any building or structure is er-6-- Free estimates, pick up and delivery DROP A CARD TO TWITCIIELL -- - UPHOLSTERY Cedar City, Utah inations and other official actions, all of which shall be filed immediately in the office of the board and shall be a public record. 7-Decision of Appeal. The Board of Adjustment shall hear and decide appeals from any decision, order, or requlremtns made by the Zoning Administrator, The board shall also hear and decide other matters referred to It, upon which it is re- Purjoon'o DECT quired to pass under this f rX j muu-.i- T I BOOMCQtf M (c DeSoto for htera y 1957 is completely new . . . with Ride Torsmn-Air- e dozens of exciting new advances! New ve ever experienced. ride smoothest you the softest, new power Dynamic V-- 8 power from three built. New ever most advanced engine, take-of- f at . . . deliver. terrific transmission TorqueFlite ... S e NORTH MAIN Air Conditioner . . the touch of a button. 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