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Show March 5, 1012 TEE VOICE OF SHARON Legal Notice OKDiNANuE UMBER 41 PKUYIDENG ORDINANCE FUR THE ZONING UF URExi AN Clil aND iOK THE URc.A-11UA.D AFFUFNlAii.Nl ZONING UF AND BUARD UF ADJUSTMENT, AND MAKING erected which is arranged, intended or designed to be used for other than one of the following uses: 1. Any use permitted in a residential district, class A; 2, Apartment houses. SIX'! ION 10. Residential district, rta-- s B. In residential district class R no building or land shall be used and no building shall be erected which is arranged, intended or to tie used for other than the following uses: 1. Any use permitted in residential districts class A or 2. All dwellings. fiats, apartment, hoarding or lodging houses without stores. 3. Hotels; 4. Clubs or fraternal societies. except those the chief activity of which is a service customarily on carried as a business; 5. Clinits, mortuaries, sanitariums and institutions for or eleemosynary uses, other than correction or for insanity or other mental diseases; 6. Public utility buildings, from which no noises, vibrations, fumes or odors are emitted; SECTION 17. Residential district, unclassified. In residential district unchssi-fe- d all buildings aud land may he used for any purpose permitted in Residential "A-"A, "R and commercial districts, districts, aud also lor any other trade, industry or use, except those prohibited. Zone Map, Orem City, Utah the provisions thereof, there la hereby treated a board of adjustment,, which shall consist of live members, each of whom shall be appointed by tfie Cuy Council of Orem Cuy, for a term of three ears or until hia successor is appointed and qualified. The members of the board of adjustment shall sarve without FOR THE pay and may be removed lor cause by the City Council of Orem THEREUF. City upon written charges and Vacancies BE IT OliDAlNED BY THE alter public hearing. OF OREM, m the membership of said board COLNC1E CITY shall he filled in the same manner CITY: us the original appointment. SECTION 1. Zoning CommisSECTION 7. Rules, Meetings. sion, Appointment. The hoard of adjustment Bhall There in hereby created in as may be proper and tor Orem City, Utah, a adopt such rules com- and necessary to effectuate zoning ha to commission zoning withiu Orem City and to govern posed of seven members, one its own proceedings, such rules he the Engishall City whom of neer of Orem City. The other and regulations to be not In conmembers shall be appointed by flict with law or ordinance. the City Council of Orem City Meetings of me hoard shall be from among the qualuied electors held at the call of the chairman of said city. The members of said and at such other limes as the commission other than the City uoard may determine. The chaumau of said hoard of Engineer, shall be appointed for the regular statutory term pro- adjustment or in his abbence the vided lor all appointive city of- seeing chairman may administer ficers and shall serve' without oaths uud compel the attendance ot witnesses at such meetings, compensation. and ail meetings shall be open to SECTION a. Officers. the public. The said hoard shall The zoning commission shall keep minutes of its proceedings elect a chairman from among bUowing the roll call voles upon of ail questions and shall keep rec-the members appointive ds of its examinations and other said commission and also a secretary, who needs not be a oiimial actions, all ot which shall he tiled in the ofnee of said member of said commission. hoard and shall be puolic records. SECTION 8. Duties, Powers, The cuy recorder shall be Hearings. clerk of the board of adIt shall be the duty of the zoning commission and it shall have justment. the power to make recommenda- audio, i 8. Appeals, How Toktions to the Board of Commisen. btuys Proceedings. sioners for the zoning of Orem Appeals to tne hoaid of adCity by dividing such municipality justment may he taken by any into dstrets of such number, shape poison aggrieved or any olticer, and area as may be best suited to uepaunieni, hoard or bureau ot make effective the proper zoning me municipality, atiected by any of said city, and to provide with- uecision of the administrative in said district for the regulation ouicur. Bucli appeal shall be and restriction of the election, taken within a reasonable time construction, reconstruction, al- as provided by the rules ot the teration, repair or use of build- hoard by filing with the officer ings, structures and land, all of Horn whom ihe appeal is taken such regulations to be uniform for aud with the hoard of adjustment each class or kind of buildings a notice of appeal specifying the throughout the district, but such grounds thereof. The otficer regulations In one district may irom whom the appeal is taken differ from those in other dist- shall forthwith transmit to the ricts. , hoard of adjustment all the papers The zoning commission shall constituting the record upon have and exercise the powers con- which the action appealed from to be templated exercised by such was taken. zoning commission in to Au appeal stays all proceed-iug- s 107, R. S. U. 1933. The zoning in furtherance of the action commission shall also have the appealed from, unless the officer power and it is its duty to make irom whom the appeal is taken recommendations to the Board certifies to the hoard of adjustupon its own motion as to ail ment after the notice ot appeal matters, pinna and proposals af- shall have been filed with him fecting: that by reason of facts stated In (1) The development or artis- the certificate a stay would in his tic adornment of the city, public opinion cause Imminent peril to buildings, parks or public boule- Iiie or property. In such case vards; proceedings shall not be stayed (2) The zoning of said city otherwise than by restraining into industrial, business, residence order which may be granted by or other districts; the board of adjustment or by a (3) 'Location and opening of court of record on application on parks, playgrounds and boule- notice to the officer from whom vards; the appeal is taken and on due (4) Building restrictions and cause shown. the housing of the inhabitants of The board of adjustment shall said city; fix a reasonable time for the hearChange in or modifica(5) of the appeal, give public tions of any existing restrictions ing notice thereof by publication of or changes in boundary lines of notice at least five days prior to existing districts. the date of hearing, as well as due notice to the parties In inter6ECTION 4. Changes, Protests. It shall be lawful for the City est, and decide the same within Upon the Council from time to time as a reasonable time. In necessity may arise co cuange or hearing any party may appear attornmodify the boundary lines of such person or by agent or by districts, or any of them, or any ey. regulations or restrictions with re- SECTION 9. Powers spect to zoning or buildings or The board of adjustment shall uses of land. In each instance have the folowing powers; where any person shall desire to (1) To hear and decide aphave such changes made petition shall be made to the City Connell peals where it is alleged there is requiredefinitely setting out such request error in any ororder, determination and particularizing the change de- ment, decision sired. Such petition, together with made by an administrative official any protests thereto, shall he re- in the enforcement of this ordiferred to the zoning commission nance, ti e zoning regulation ordifor consideration and recom- nance, or of any ordinance adoptmendation. In case of a protest ed pursuant thereto. (2) To hear and decide speci.against such change signed by the owners of twenty per cent or more al exceptions to the terms of the either of the area of the lots in- zoning regulation ordinance upon cluded In such proposed ehangp, which such board is required to or of those Immediately adjacent pass thereunder. In the rear thereof extending 100 (3) To authorize upon appeal feet therefrom or those directly in specific caeR such variance opposite thereto, extending 100 from the terms of the zoning feet from the street frontage of ordinance as will not be contrary surh onoslte lots, such amend- to the public interest, where owment or change shall not become ing to special conditions a litereffective except by a favorable al enforcement of the provisions tote of at least three-fourtof of the ordinance will result In all the members of the City Conn- unnecessary hardship, and so that ell. Before ordinance the spirit of the ordinance shall any shall he passed by the City be observed and substantial JustCouncil making inch ice done. any change or amendment to the In exercising the zoning ordinance, notice shall he powers such board may, In to the given pnhllc as herein prowith tne provisions of onformity vided. the law, reverse or affirm, wholly or partly, or may modify the ord8FFTTON 5. Notice. decision or deWherever notice Is required er. requiremet. as termination ought to be bv this art to be given to made, and to that end jfhall have the public, such notice shall he ail the powers of the officer from given by at least one puhlleatlon whom the appeal Is taken. In a newspaper of general circulaThe concurring vote of three tion wlh!n the city, printed at membe-of the hoard shall be least flfteen davs prior to the to reverse any order, time when such proposed ordi- necessary nance will he considered by the requiremert or determination of any such administrative official, council. or to decide in favor of the ap. PFCTTON Hoard of Adjust- plicant on any matter upon which it is required to pas under any ment. R.S.TT. such ordinance or to effect any Pursuant to 9, 1933, and In order to carry out variation in such ordinance. S A-- 2; ic 2, oi SECTION dist- Blaughleiing or cleaning animals, tuwl or lnh; 1j. boap manulacluie; Co, buda and compound ei. u, manu-Uctur- ox. blurcu, g.muse, tic., man-- e; u Laci tire; oJ. bbtei or iruu iiiiiis; luhu or tai LUcU AT6 u.auuiauluic; u4. bioue mill or quarry; 6u. btO'U manufact- pu.iait ure; to. Tanning, cuiiug or storage Ol UideS Or bkiUe; Textile m,iia; ti. egelauia oil, or other oil luanutacluie, o i. V od. Vinegar umu-facla- re; id. Yeast plant. (Bj suih.ea, lumber yards, luci yams, eyeing aud cleaning emnuiiauineute, gaiugea, pubu in u n. dm uiuuuug sinuous or tood products manu enuring, snail nut he permiued m Uoininereial a limn uuu bundled Uiauiiis (iOUJ leet el duelling Ot apartu ment ileuses; and ail strvice sliueluies suml nut he lb4n ten teet hearer no in the bireel line. eua-Uu- SECTION 19. Ind uslriai Dist- rict, lu an Industrial District all handings and land may be used ter any purpose permuted in "A-2"B "A i.esiueullal and Uomineiciai Districts, and also lor auy olucr trade, inuuslry er Use, exiept the tuilowing Which ale piuluhUed, subject to the pro", lo-w- il, bec-uu- ai to-w- man-utactui- e; 9. Disinfectant and insecticide manufacture; TU. Distillation of bones, coal or wood; 11. Fat rendering; 12. Fertilizer manufacture, except cold compounding of nou-ouoro- tacture; 5. 15-8-- s Commercial re- All buildings and land visions oi Use, may be used for any purpose peru set ueieiuauer out; mitted in residential "A-- 2 A, 20: and "B districts and also for T. Ammonia, bleaching powder any tiade, industry or use except or thloi me muuuiacture; those prohibited by any other 2. Aspualt manuiacture or ordinance of Orem cuy and, except the following, which are proa. Arsenals; hibited, subject to the provisions 4. Biast luruaces; of paragraph B hereunder and 5. Cement, nine or plaster-of-psubject to the provisious with is manuiacture; respect to Uses, o. Coke ovens; hereinafter set out; Sec7. Crematory other than a tion 26: creuiatoiy located in a cemetery; 1. Any trade or use prohibited 8. Creosote treatment or in an Industrial District; lie-port- s, above-mention- 18. rict. (A) re manufactured far win .;! tail trade; rC. Shoddy manufacture; 37. Shoe blacking manufacture; Charcoal pulverizing; manufacture or Chemical manufacture of objectionable or daugeious nature; 10. Contractor's plant or storage, except where set back at least one hundred (100) feet; 11. Coal tar products manufacture; 12. Dog or other animal pound; 13. Dyestuff manufacture; 14. Electrical central station power plant; 15. Emery cloth or sand paper manufacture; 16. Enameling; 17. Excelsior fibre manufacture; 18. Exterminators or insect poisons manufacture; 19. Feed or ceral mill using power in excess of 50 horse power; 20. Fish smoking and curing; 21. Flour mill; 22. Foundries; 23. Forge plant; 24. Glass and glass products manufacture; 25. Glucose manufacture; 26. Ice manufacturing plant or storage, except the manufacture by electricity for inridentiai refrigeration; 27. Japanning; 28. Junk, rags, etc., storage; 29. Lamp black manufacture; 30. Lubricating grease or oil compounding; 31. Lumber or shingle mills using more than 50 horse rower; 32. Machinery manufacture; . wall adjoining the street, the average level ot me ground (finished surface) adjacent to to the exterior walls of the buildAll walls approximately ing. parallel to and not more than five (5) feet from a street line are to be considered as adjoina street. ing SECTION 11. Not to Deprive 6. Any number of "Family Owner of Use. individuals living together as a The powers conferred by law single housekeeping unit, and upon the City Council zoning their cooking on the premcommission and the board of ad- doing ises. justment shall not be exercised For an in6. "Front Yard so as'to deprive the owner of any an terior unoccupied lot, open use of or Its existing property maintenance for the purpose of space on the Bame lot with a which it Is then lawfully devoted, building, between the front line and any ordinance enacted, pur- the building (exclusive of steps), suant to such authority shall ex- and the front lot or street line full empt from the operation thereof and extending across thecorner any buiidirg or structure as to width of the lot. For a which satisfactory proof shall be lot, an open unoccupied apace on same lot with a building, bepresented to the building Inspect- the or or to the board of adjustment tween the front line of the buildis reasonably necessary for the ing (exclusive ot steps) and the convenience or welfare of the front lot line or street line also between the side line of the public. building (exclusive of steps), adSECTION 12. Definitions: jacent to the street, and the side For the purpose of this ordi- line or street line and extending nance certain terms and words for a full width and depth of the are hereby defined aa follows: lot. 1 Words used In the present tense 7. "Height of Building Include the future; words In the the vertical distance from the singular number include the "grade to the highest point of plural number; and words in the the coping of a flat roof or to plural number Include the sing- the deck line of a mansard roof ular number. Any words sot de- or to the average height of the fined herein shall be eonatrued as highest gable of a pitch or hip defined in the building code If roof. defined therein. Land occupied or 8. "Lot 1. to be occupied by a building Ind Accessory Ubs or Building" A subordinate use or build- its accessory buildings. Including ing customarily Incident to and such open spaces as are required located upon the same lot occupi- urfi-Jhl- s chapter, and having ed by the main use or hulldlngX-- ' upon a street or alley. y 9. Dwelling A street or thor2. "Alley oughfare leas than tnirty (30) A building arranged or designed to be occupied by not more than feet wide. one family. A 3. house "Apartment y 10. Dwelling building or partlon thereof nsed A building arranged or designed or intended to be used as the home of three or more families to be occupied by two families. "Public Garage 11. Any or householders living Independbuilding or premises used for the ently of each other. storage or honslng of more than 4. Grade "Established five (5) motor driven vehicles, Grade or where such vehicles are re(1) For buildings adjoining paired or kept for hire or sale. one street only, the elevation of 12. Rear Yard" An ope.n the sidewalk at the center of that unoccupied space, except as herewall adjoining the street. inafter provided, on the same lot (2) For buildings adjoining with a building between the rear more than one street, the aver- line of the building (exclusive of age of the elevations of the side- stepsland the rear lot line and exwalk at the centers of all walls tending for the full width of the lot for an Interior and extending adjoining the afreets. (3) For buildings having no from the side lot line to the front SECTION 10. Review by Court. Any person aggrieved uy any decision of the board of adjustment may have the decision of said board reviewed by a court of competent Jurisdiction by following the procedure outlined In R. S. U 1983. 4, "One-famil- "Two-famil- yard line for a corner lot. An Side Yard open unoccupied space on the same lot with a building between the side line of the building (exclusive of steps) and the side line of the lot and extending from the front yard to the rear yard line. A 14. lot Corner Lot fronting on two or more intersecting streets, both of which are at least thirty (30) feet wide. 13. fiit from the front lot line; Hospitals, public buildings, i xcept penal or mental instltu-- t ions. (B) In a residential district Class A buildings and uses, such (6U) 6. are ordinarily appurtenant to any of the uses listed above, but not involving the conduct of business, shall be permitted (subject to the limitations herein provide-- d us . materials; 13. Fireworks, explosive manufacture and storage; 14. Gas manuiacture or storage in excess of 10,000 cubic feet; 15. Gelatine, glue or size manufacture; 16. Grease or tallow manufacture or refining; 17. Hair factory; 18. Hydrochloric, nitric, sulphuric or sulphurous acid manufacture; 19. Inceratioa or reduction o gai hage, offal or refuse; 20. Petroleum refiniDg, or storage in qxogs of one hundred thousand (LOO) gallons; 21. Poufaiuaiianufacture or refining; 22. Raw hides or skins, storage, curing or tanning; 23. Rubber manuiacture from crude material; 24. Slaughter houses; 25. Smelting of iron, copper, zinc or tin ores; 26. Stock yards; 27. Sugar refining; 28. Tannery; 29. Tar distillation or manu-iartur- as follows: Accessory uses customarily SECTION 13. Districts. incident to the above uses: In order to reslgnate districts 2. The office of a physician, and regulate the location of musician, or other professional Indwellings, business, trades, person, when located in his or dustries and the location of build- her dwelling; also customary inings erected or altered for speci- cidental home 30. Tar roofing or ar wateroccupations enfied uses, Orem City is hereby gaged in by individuals within proofing manufacture; divided into Blx (6) use districts their 31. Wool pulling, scouring, or dwellings provided that no to be knowu as: window display is made; hoddy manufacture; Residential District, class A. 3. A name plate not exceeding 82. Any other trade, industry Residential District, class 2 f one and or use that is noxious or offensive square Residential District, Class B feet in area; by reason of the emission of odor, Residential District, unclassi4. A signboard not exceeding smoke, gas, vibration or noise. fied. eight (8) square feet in area, Animal restrlc- Commercial District S1XTIOV appertaining to the lease or sale Industrial District. tiuns. of the property; also a bulletin The boundaries of said dist- board It shall be unlawful, except as not exceeding eight (8) as atshown ricts, hereinafter suited, for any person upon the map square feet in area erected upon tached hereto and made a part the premises of a church or other to keep within the limits of ResiB hereof, are hereby established, institution for the purpose of dis33. Machine shop using in ex- dential Districts A, said and Commercial map being designated as playing the name and activities cess of 50 horse power; District, any "Zone Map, Orem City, Utah, of services sheep, goat, row, horse, jack, 34. Malt manufacture; therein, that and said map and references, no- surh signboard mustprovided, jinny, pig. fox, goose, duck, or be set with35. Match manufacture; tations and other information in two (2) feet of the biken for any purpose whatso36. Mattress manufacture building shown thereon shall be as much lines; in excess of 50 horse power; ever, or any other fowl or animal using a part of this ordinance as If the for commercial purposes, 5. 37. Oili loth or linoleum manu- kept Renting of rooms for lodginformation and matters Bet forth ing purposes only, or the furnish- facture; witlio.it a permit fiom the Board by said map were all fully des- ing of table board tn a one or or Health. 38. Oiled rubber manufacture; cribed herein. The above provision relative to two family dwelling; 39. Oxygen manufacture; 6. obtaining a permit from the Board Except as hereinafter provided, Dormitories, fraternity or 40. Otp reduction; of Health shall not apply to persno building shall he erected or sorority houses or boarding house 41. Parking plants; on- having or keeping any of the altered, nor shall any building or occupied only by faculty or stu42. Paint, oil, etc., manufactalmve animals or fowls on their land be used for any purpose dents of an educational Institution ure; other than is permitted In the use and supervised by the authorities premises at the time of the go43. Paper and pulp manufactdistrict in which such building or thereof; ing into effect of this ordinance; ure; 7. A private garage that shall land Is located. Provided, that the Board of 44. Petroleum refining or byHealth, with the approval of the occupy not more than Reven (7) SECTION 14. storor Residential dis- per manufacture; city council, shall have power to cent of the area of the lot and products of petroleum products or by- make and trict, Class A, shall he located not less than sixty age promulgate rules and In excess of fourteen In residential district (A) i feet from the front lot line products regulations gorr initig the keeping (60 class A no building or land shall thousand gallons; of such v.lmals and fowls, as (thirty (30) feet for a corner lot 4 5. be used, and no building shall be on Pirkle factory; the side within such and not less erected which is arranged, intend- than fifteen street) feet 46 Planing mill or woodworkfrom any (15) ed or designed for other than one tn excess of 50 dwelling on an adjacent lot, un- ing plant using of the following uses: SECTION 21. Front yards. horse power; less It Is a part of the main build4 7. 1. In Plaster manufacture; Residential "A, dwellings; ing; 4x 2. Railroad yard shops or and B" the minimum dwellings; 8. All accessory buildings 3. Schools, churches, libraries shall be all for shall be roundhouse; buildings in the rear of the placed 49. and musenmi; Reducing or refining met- - thirty (30) feet from me street and at lqast one foot dwelling 4. Public parks, public recreline, except that on one side of from the property lines of the als; 50. Rock crushing; ation grounds and play grounds, lot upon which qv street between two intersectljUed. 51. but not Including privately ownRolling or blooming mill; ing streets where twenty-fivper r. e ed commercial amusement parks SECTION 15. 'Residential DWt- Rubber or gutta perrha 'em or more of the frontage Is k manufacture from crude material: er recreation grounds; the shall be riet, class t , In a residential district, class 53. Salt works; 5. Agriculture and truck gardsame as the majority of the 2 54 no bnildlifg or land shall be Sauerkraut manufacture; ening, nurseries and greenhouses 55.'' Sausage manufacture, ex- shall be set hack at least sixty used and no building shall le ) 1. A-- one-hal- (1) A-- aimve-mei,:,onets. One-fami- ly Two-faral- A-- 2, ly . set-bar- k e A-- A-- set-hai- |