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Show OKD1NANCK An ordinance, in pursuance of tho authority granted in 15-8-89 to 107. inclusive, Utah Code Annotated. An-notated. 1!-I3, to provide for a board of adjustment and to define de-fine its duties and powers; to provide for zoning and the establishment estab-lishment of districts within the corporate limits; to regulate, within such districts the location and number of stories of buildings and structures, the erection, construction, con-struction, reconstruction, alteration, altera-tion, and repair thereof; the percentage per-centage of lot occupancy, the required re-quired open spaces, the density of population and uses of land, buildings and structures; to provide pro-vide methods of administration of this ordinance, methods of enforcement enforce-ment and penalties for the violation viola-tion hereof. N ,. ZONING MAP OF I 1 SPRINGVILLE CITY, UTAH OCTOBER 7, 1946 c x SCALE:M x S 60' 60' 120 Ie00' !IvnKNH clMpjl M II db X " 30 19 "N Ni ! j 1 lfl j ; j 1 ' N l00FT 200 F j H RECORDER'S CERTIFICATE ' 00 FT 200 FT 100 FX 200 Ft , I HEREBY CERTIFY THAT THIS ZONING VV WJ1 XO ' I I ' MAP OF SPRINGVILLE CITY, UTAH, WAS f0 V i I 1 I U S ADOPTED' BY THE CITY COUNCIL OF yVI yyy KN 0TH SOUTH CENTER STREET SPRINGVILLE CITY, UTAH, ON THE 7 DAY UWl jjWyVK A f I OF OCTOBER, 1946. f RESIDENTIAL DISTRICT 1 R" 1 L I RESIDENTIAL-AGRICULTURAL DISTRICT COMMERCIAL DISTRICT I s COMMERCIAL DISTRICT 2 C"2 INDUSTRIAL DISTRICT 1 BE IT ORDAINED BY THE CITY COUNCIL OF SPRINGVILLE SPRING-VILLE CITY AS FOLLOWS: ARTICLE I. BOARD' OF ADJUSTMENT Sec. 1. Board of Adjustment (1) There is hereby created a a board of adjustment which shall consist of five members. Each member of said Board shall be appointed ap-pointed by the City Council Coun-cil of Springville City, Utah, for a term of three years or until his successor "is appointed and qualified. (2) The members of the Board of Adujstment shall serve without pay and may be removed for cause by the City Council of Springville City upon written charges and after public hearing. Vacancies in the membership member-ship of said Board shall be filled in the same manner as the original appointment. appoint-ment. Sec. 2. Rules, Meetings. (1) The Board of Adjustment shall adopt such rules as may be proper and necessary neces-sary to effectuate zoning within Springville City and to govern its own proceedings, proceed-ings, such rules and regulations regu-lations to be not in conflict con-flict with laws or ordinances. ordin-ances. Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine- (2) The chairman of said Board of Adjustment or in his absence the acting chairman may administer oats and compel the attendance at-tendance of witnesses at such meetings, and all meetings shall be open to the public. The said Board shall keep minutes of its proceedings showing the roll call votes upon all questions and shall keep records of its examinations and other official actions, all of which shall be filed in the office of said Board and shall be public records. ARTICLE H. ADMINISTRATION AND ENFORCEMENT Sec 1. Purpose, Interpretation, and Conflict (1) The purposes of this ordinance or-dinance are to promote the general welfare of Springville Spring-ville City, to protect the health of its inhabitants, to encourage the most appropriate ap-propriate use of land within with-in the city, to insure the value of property, to lessen les-sen the congestion in the ' streets and ways, to avoid undue concentration of population, to provide an adequate supply of light and air by regulating the location, use, and height I of buildings and the area I of open spaces about them, and to reduce the hazard from fire. I (2) In interpreting and apply- ! ing the provisions of this ordinance, the' require-j require-j ments contained herein are declared to be the mini mum requirements for the purposes set forth, f (3) This ordinance shall not ,' nullify the more restrictive ', provisions of covenants, agreements, other ordinances ordin-ances or laws, but shall prevail notwithstanding such provisions which are less restrictive. Sec. 2. Enforcement (1) The Building Inspector, appointed- under the provisions pro-visions of the Building Code of Springville City, is hereby designated and authorized as the officer charged with the enforcement enforce-ment of this ordinance. (2) From the time of the effective ef-fective date of this ordinance, ordin-ance, the Building Inspector Inspec-tor shall not grant a permit per-mit for the construction or alternation of any building or structure if such construction or alter- ; ation would be in violation of any of the provisions of this ordinance; nor shall any municipal officer grant any permit or license li-cense for the use of any ! building or land if such use would be in violation of any of the provsiions of ' this ordinance,, provided that a one-family dwelling may be erected on any lot held in single ownership at the time of the passage of this ordinance. Whenever a permit is refused because be-cause of the violation of some provisions of this ordinance, or-dinance, the reason for such refusal shall be clearly clear-ly stated in writing by the the Building Inspector or other municipal officer, m All applications for -nuild-ing permits shall be accompanied ac-companied by a plat in duplicate drawn tOv scale, showing the actual dimensions dimen-sions of the lot to be built upon, the size and location of the existing buildings, buildings to be erected, and existing buildings on adjacent property, and such other information as may be deemed necessary to provide for the enforcement enforce-ment of this ordinance. A careful record of such ap-' ap-' plications and plats shall ' be kept in the office of the Building Inspector. (4) The Building Inspector, upon accurate information in writing from any citizen, citi-zen, or upon his own initiative, initi-ative, may institute any appropriate actions or proceedings, pro-ceedings, whether criminal, civil, or both, in the name of Springville City to punish', pun-ish', correct, restrain, or abate violations of this ordinance. Sec. 3. Certificate of Occupancy (l) No land shall be occupied or used and no building hereafter erected or structurally struc-turally altered shall be oc cupied or used, in whole or in part, for any purpose until a certificate is issued by the Building Inspector stating that the building and use comply with the provisions of this ordinance ordin-ance and with the Building Code of Springville City. No such certificate shall be issued unless the building build-ing and its uses and its accessory uses and the uses of all the premises are -in conformity with the provisions of this ordinance ordin-ance and with the Building Code. (2) Certificates of occupancy . shall be applied for coinci- . dentally with the applica- , tion for a building permit, ; and shall be issued within ; ten (10) days after the , lawful erection' or alteration altera-tion of the building is completed com-pleted and a request for such permit is made by the applicant. j Sec. 4. Appeals to the Board of i Adjustment (1) Appeals to the Board of: Adjustment may be taken by any person aggrieved or any officer, department, board or bureau of the municipality affected . by any decision of the admin istrative officer. Such appeal ap-peal shall be taken within with-in a reasonable time as provided by the rules of the Board by filing with the officer from whom the appeal is taken and with the Board of Adujstment a notice of appeal specifying specify-ing the grounds thereof. The officer from whom the appeal is taken shall forthwith forth-with transmit to the Board of Adjustment all the papers pa-pers constituting the record rec-ord upon which the action appealed from was taken. (2) An appeal stays all proceedings pro-ceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Adjustment after the notice no-tice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay , would in his opinion cause imminent peril to life or property. In such case proceedings pro-ceedings shall not be stayed stay-ed otherwise than by restraining re-straining order which may be granted by the Board of Adjustment or by the district dis-trict court on application (Continued on Page Eight) the Residential-Agricui-s tural District. b Tourist cabins. c Retail neighborhood stores, including groceries, grocer-ies, drug stores, ice cream shops, beauty parlors, par-lors, shoe repair shops, barber shops, professional profession-al offices, cafes, service stations, garages, theaters, thea-ters, hotels, florist shops, and similar uses characteristic charac-teristic of retail neighborhood neigh-borhood shopping centers. cen-ters. d. Advertising Signs. (21 Special restrictions are provided as follows m order to protect and maintain the residential character of neighborhoods neighbor-hoods in which C-l districts dis-tricts are located and to develop economic shop-ing shop-ing center design: a. Wherever a lot upon which a commercial structure is proposed to be built is adjacent to a lot in residential use, or is adjacent to the boundary of a residential residen-tial district, there shall be provided side yards equal to the side yards required in residential districts for dwellings, otherwise no side yards are required for fire-proofed fire-proofed commercial buildings. b. The minimum set-back for all structures shall be the same as for dwellings in the R-l district, dis-trict, which is thirty (30) feet. The minimum rear yard shall be not less than twenty-five (25) feet. (Also see Article VI. General Provisions.) Sec. 4. Commercial District 2 (C-2). ' (1) Use Regulations. In Commercial District 2, buildings and land may be used, and buildings may be erected for any purpose permitted in Commercial District 1, also stores or shops for the conduct of any retail or wholesale business; and manufacturing, manufactur-ing, processing and industrial indus-trial enterprises except the following: anoaay Shoe polish i Soap (other than lia uid soap) H Soda or soda com- pounds Starch, glucose 0r dextrin Stove polish Tar roofing or water-proofing water-proofing or other tar products Yeast Open air skating rinks dance halls Pumping, refining or wholesale storage of crude petroleum Reduction, canning, or processing or treatment treat-ment of fish or ani-mals ani-mals products Slaughtering of animals (except poultry or rabbits) Smelting of cop p e r iron, tin, zinc or other ores Steam power plant Sugar refining Tannery Wool pulling or scouring scour-ing Other uses of a character charac-ter and nature similar to those above specified specifi-ed Uses which give rise to dust, odor, noise fumes, smoke, gas wastes, or to danger of explosion, or are otherwise detrimental to a commercial district dis-trict (2) Area and Yard Requirements. Require-ments. There shall be no area and yard requirements for fire-proofed fire-proofed commercial or industrial in-dustrial buildings. For other oth-er commercial or industrial buildings there shall be a minimum rear yard of twenty-five (25) feet and two minimum side yards of fifteen (15) feet each. Wherever a lot upon which a commercial structure ia proposed to be built is adjacent ad-jacent to the boundary of a residential district, there shall be provided side yards equal to the side yards required re-quired in residential districts dis-tricts for dwellings. For buildings arranged, intended intend-ed or designed for residential residen-tial use, there shall be provided pro-vided area and yards as required for dwellings in the R-l district. (Also see Article VI. General Provisions) eral Provisions) $ Sec. 2. Residential-Agricult u r a 1 District (R-A) (1) Use Regulations. In Residential-Agricultural District, no building or land shall be used and no building shall be erected which is arranged, intend-' intend-' ed or designed to be used for other than one or more of the following uses: a. Any use permitted in Residential District 1. b. Animals and fowls subject sub-ject to the rules and regulations reg-ulations of the Springville Spring-ville City Board of Health. c. Any agricultural use, including farm buildings, such as barns, machinery machin-ery storage sheds, granaries, gran-aries, milk houses, provided pro-vided that no barn, cor-cal, cor-cal, or pen for the housing hous-ing or keeping of any domestic animals, except hogs, within Residential-Agricultural Residential-Agricultural District shall be located or constructed con-structed less than seventy-five (75) feet from any existing residence or dwelling. d. Fur farms and the keeping keep-ing of hogs, provided such uses are located at least two hundred (200) feet from any existing residence or dwelling. e. Dairy farms, chicken farms, dog kennels, nurseries, nur-series, fruit packing plants, and similar agricultural agri-cultural uses. f. Golf courses, cemeteries, radio stations and towers, tow-ers, airports, emergency landing fields, riding : academies, and similar uses. g. Hospitals, sanitariums, correctional institutions, ' and similar uses, 'h. Gravel pits, i. Contractors' storage yards when conducted entirely within a building build-ing completely enclosed on all sides or when entirely en-tirely enclosed within a solid wall or fence at least six (6) feet high, j. One stand for the display dis-play and , sale of any agricultural products raised on the premises. Such stand shall have a set-back from the road or street of not less than twenty (20) feet and shall be not larger than six hundred (600) square feet in area and shall have a frontage of not more than twenty-five (25) feet. biles, but which does not involve commercial repairing. On a lot : with a dwelling, a garage shall be j considered a part of the dwelling if the two structures have one or ore walls or a roof in common. Where a garage is thus part of a dwelling it shall require the same side yard as a dwelling in the same district. Where a garage is not a part of a dwelling, it shall be considered an accessory building. build-ing. GRADE: The average of the finished ground level at the center of all walls of a building. In case walls are parallel to and within five (5) feet of a sidewalk, the above ground level shall be measured meas-ured at the sidewalk. HOME OCCUPATION: The use of a room within a dwelling as an office, studio, or work room for occupation at home by a person residing on the premises, but which does not involve the purchase pur-chase and resale of goods or commodities com-modities upon the premises. No sign other than a name-plate not more than two square feet in area shall be displayed which will indicate in-dicate from the street that a portion por-tion of the building is being used for any purpose other than that of a dwelling. HOUSEHOLD PETS: Animals or fowls ordinarily permitted in the house, and kept for company or pleasure, such as dogs, cats, canadires, etc. INTERIOR LOT: A lot other -than a corner lot. LOT: A parcel of land occupied, or which may be occupied, by a building and its accessory buildings, build-ings, including such open spaces as are required under this ordinance, and having frontage upon a street or alley. MAIN BUILDING: Any dwelling dwell-ing or principal or dominating building located upon a lot, including includ-ing the following: apartment house, hotel, public building, utility util-ity building, hospital, clinic, mortuary, mor-tuary, church, library, museum, club, fraternal society and similar simi-lar buildings. MAP: The zoning map of Springville City, Utah, as approved approv-ed by this ordinance, with any duly approved changes or alterations. altera-tions. MULTIPLE DWELLING: A building arranged, intended or designed de-signed to be occupied by three or more families, but not including includ-ing hotels or tourist cabins. NON-CONFORMING USE: A building or land lawfully occupied at the time this ordinance became effective by a use that does not conform with the use regulations of the district in which it is located. lo-cated. OCCUPIED: Shall be deemed to include the words "arranged, designed de-signed or intended to be occupi- prl '! exists as to the boundary of any district, the Board I of Adjustment shall inter- I pret the map. (3) It shall be unlawful for any person to erect, construct, con-struct, establish, alter, move, add to, or enlarge, or to cause or permit to be erected, constructed, established, altered, moved, mov-ed, or enlarged, or to use or occupy or permit to be used or occupied, any land, building, or premises for any purpose or in any manner contrary to this ordinance. ARTICLE V . - USE, AREA, FRONTAGE, YARD, AND HEIGHT REGULATIONS REGU-LATIONS Sec. 1. Residential District 1 (R-l) (1) Use Regulations In Residential District 1, no building or land shall be used, and no building shall be erected which is arranged, intended or designed de-signed to be used for other than one or more of the following uses: a. Dwellings. b. Apartment houses. c. Boarding houses. d. Clubs and fraternal societies so-cieties except those the chief activity 'of which is a service customarily carried on as a business- e. Schools, churches, libraries, librar-ies, museums. f. Public parks, public recreation rec-reation grounds and play grounds but not including includ-ing privately owned commercial com-mercial amusement parks or recreation grounds. g. Agriculture, provi d e d that no animals or fowls may be kept except household pets. h. Accessory buildings, including in-cluding a private garage for not more than three (3) cars; guest houses where no cooking facilities facili-ties are provided and where the rooms are not for rent or hire; greenhouses green-houses for private use only, but not as a business;, busi-ness;, and similar accessory ac-cessory buildings. 1. A signboard not exceeding exceed-ing eight (8) square feet in area, appertaining to the lease or sale of the the property, also a bulletin bul-letin board not exceeding exceed-ing eight (8) square feet in area erected upon the premises of a church or other institution for the purpose of displaying the name and activities of services therein, provided provid-ed that such signboard must be set within two (2) feet of the building , dinance and to the Zoning$ Map (1) It shall be lawful for the j City Council from time to ; time as necessity may arise j to change or modify the j boundary of such districts, or any of them, or any 1 regulations or restrictions with respect to zoning or use of land. In each instance in-stance where any person shall desire to have such changes made, petition shall be made to the City Council definitely setting out such request and particularizing par-ticularizing the change desired. de-sired. Such petition, together to-gether with any protests thereto, shall be referred to the Planning and Zoning Zon-ing Commission for consideration con-sideration and recommen-Zoning recommen-Zoning Commission, upon receipt of the petition from the City Council, may call a hearing on the proposed change, after which said Planning and Zoning Commission Com-mission shall make its recommendation rec-ommendation to the City Council. After receiving the recommendations, the City Council shall call a public hearing before making its own decision. Both the Planning and Zoning Commission Com-mission and the City Council Coun-cil shall keep records of the recommendations of all of the citizens in regard to the proposed change, and particularly of those owners own-ers of all property within the area included within the proposed change and within two hundred (200) feet in any direction of such property- In case of a protest against the change, signed by the owners own-ers of at least twenty (20) per cent of the area of the lots included in such proposed pro-posed change, or of ten (10) per cent of the own-1 own-1 ers of the area of all the lots within two hundred (200) feet in any direction of the property in the proposed pro-posed change, such amendment amend-ment or change shall not become effective except by the favorable vote of three-fourths of all the members of the City Council. Coun-cil. Any owners of property proper-ty within the city shall have a right of protest or recommendation regarding proposed changes. Sec. 10. Areas Annexed to the City New areas annexed to the city shall be zoned by the City Council after recommendation recom-mendation by the Planning Plan-ning and Zoning Commission Commis-sion and public hearing. Sec. 11. Notice. ORDINANCE (Continued from Page Seven) and notice to the officer from whom the appeal is taken and on due cause shown. (3) The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, ap-peal, give public notice thereof by publication of notice at lease five days prior to the date of the hearing, as well as due notice no-tice to the parties in interest, in-terest, and decide the same within a reasonable time. Upon the hearing any party par-ty may appear in person or by agent or by attorney. attor-ney. Sec. 5. Powers of the Board of Adjustment (1) Upon appeals, 'the Board of Adjustment shall have the following powers: (a) To hear and decide appeals ap-peals where it is alleged by the appellant that there is error in any order, requirement, re-quirement, decision, or. refusal re-fusal made by an administrative adminis-trative official or agency based on or made in the enforcement of the Zoning Ordinance. (b) To hear and decide requests re-quests for special exceptions excep-tions or for decisions upon other special questions upon which such Board is authorized by this ordinance ordin-ance to pass. (c) To authorize upon appeal in specific cases such variance var-iance from the terms of the Zoning Ordinance as will not be contrary to the public interest, where owing ow-ing to special conditions a literal enforcement of the provisions of this ordin ance will result in unneces-s unneces-s a r y hardship provided that the spirit of the ordinance or-dinance shall be observed and substantial justice done. (2) In exercising the above-mentioned above-mentioned powers, such Board may, in conformity with the provisions of the law, reverse or affirm, wholly or partly, or may modify the order, requirement, require-ment, decision or determination determin-ation appealed from and may take such determina- ' tion as ought to be made, and to that end shall have all the powers of the officer of-ficer from whom the appeal ap-peal is taken; provided, that before any variance may be granted, it shall be shown that special circumstances cir-cumstances attach to the property covered by the application which do not generally apply to the other oth-er property in the same district; that because of said special circumstances, Arsenals Bag cleaning Blast furnace s Boiler or tank works Central mixing plant for cement, mortar, plaster, plas-ter, or paving materials mater-ials Coke ovens Crematory, other than a crematory located in a cemetery Curing, tanning or storage stor-age of raw hides or skins Distillation of bones, coal, or wood Distillation of tar Excelsior fibre manufacturing manufac-turing Fat rendering Forge plant Foundry or metal fabrication fab-rication plant Fowls and animals except ex-cept household pets Incineration or reduc-- reduc-- tion of garbage, offal, or refuse Junk yard or the baling of rags or junk, or automobile wrecking yard, except when conducted en t i r e 1 y within a building completely com-pletely enclosed on all sides, or when entirely enclosed within a solid fence or wall at least six (6) feet high. Livestock feed,yard Manufacture of: Accetylene Acid Alcoholic or alcoholic beverages Ammonia Asphalt Bleaching powder Brick, pottery, terra cotta or tile (except handcraft products only) Candles (except by hand) Celluloid or pyroxylin (or treatment of same) i ' Cement, gypsum, lime or plaster of paris Chemicals Chlorine Creosote (or treat- ent of same) Disinfectants Dystuffs Emery cloth or sandpaper sand-paper Explosives, fireworks or gunpowder (or treatment of same) Exterminators or insect in-sect poisons Fertilizer Glass Gas (or storage in excess ex-cess of 10,000 cubic feet) Gelatin Glue or size Grease, lard or tallow (manufactured or refined from animal fat) Hair Illuminating or heating heat-ing gas (or storage of same) Lamp black Linoleum Linseed oil, paint, oil, shellac, turpentine, or varnish (except mixing of same) Matches Oilcloth or oiled products. prod-ucts. Paper or pulp Pickles, sauerkraut or vinegar Plastics Potash products Rayon or similar products pro-ducts Rubber or gutta per-cha per-cha products (or treatment of same) Sec. 5. Industrial District (I) (1) Use Regulations. In Industrial Distr i c t, buildings and land may be used, and buildings may be erected for any purpose except the following which are prohibited: Any hotel, club, church, trailer camp or tourist court, unless such uses are incidental and accessory acces-sory to, and located on the same lot or parcel of land as a manufacturing or industrial use permitted permit-ted in the district Any institution for the care of the sick or wounded, or the mentally infirm Alcoholic and beer dispensaries, dispen-saries, dance halls, night clubs Ammonia, bleaching powder pow-der or chlorine manufacture manufac-ture Asphalt manufacture or refining re-fining Arsenals Blast furnaces Cement, lime, or plaster of paris manufacture Coke ovens Crematory other than a crematory located in a cemetery Creosote treatm e n t or manufacture Disinfectant and insecticide insecti-cide manufacture Distillation of bones, coal or wood Fat rendering Fertilizer manufacture, except ex-cept cold compounding of non-odorous materials. Fireworks, explosive manufacture man-ufacture and storage Gas manufacture or storage stor-age in excess of 10,000 cubic feet Gelatine, glue or size manufacture man-ufacture j Grease or tallow manufac ture or refining J Hair factory Hydrochloric, nitric, sul-phu sul-phu r i c or sulphurous acid manufacture Incineration or reduction of garbage, offal or refuse re-fuse Petroleum refining, or storage stor-age in excess of one hundred thousand (100,-000) (100,-000) gallons Potash manufacture or refining re-fining Raw hides or skins, storage stor-age curing or tanning Rubber manufacture from crude material Slaughter houses Selting of iron, copper, zinc, or tin ores Stockyards Sugar refining Tannery Tar distillation or manufacture manu-facture Tar roofing or tar waterproofing water-proofing manufacture Wool pulling, scouring, r shoddy niaufacture Any uses of a cliaractjr and nature similar w those above spedtu'd Any other trade, industiy or use that is noxious or offensive by reason oi the emission of ?r' smoke, gas, vibrato noise, or of "'-"11'1' danger. (2) Area and Yard Reqinre- There shall be no area yard requirements hr 1 proofed commercial or (Continued on rage Nine) (2) Area Regulations. The minimum building site shall be not less than six thousand (6,000) square feet in area for each one-family one-family dwelling, and one thousand (1,000) additional addition-al square feet for each additional ad-ditional family unit. (3) Frontage Regulations. The minimum width of any building site for a dwelling shall be not less than sixty (60) feet at a distance thirty (30) feet back from the front lot line. (4) Yard Regulations. -a.. Side Yard. , The minimum side yard for any dwelling or other oth-er main building shall be one-half the distance from the grade to the elevation of the square of the building except that the minimum side yard for any main building shall be not less than eight (8) feet, and the total width of the two required side yards shall be not less than twenty (20) feet. Acces- sory buildings shall have a side yard of not less than one (1) foot. On corner lots, the side yard which faces on a street shall be not less than twenty 20) feet for both main and accessory buildings. No accessory building shall be located closer than fifteen (15) feet to any dwelling on an adjacent lot. b. Front Yard. The minimum set-back for main buildings shall be thirty (30) feet. The minimum set-back line for accessory buildings shall be at least six (6) feet in the rear of the main building. Where no main building exists on a lot, accessory buildings build-ings shall be located at least sixty (60) feet from the front lot line. c. Rear Yard. The minimum rear yard for , any main building shall be twenty-five (25) feet. The minimum rear yard for accessory buildings build-ings shall be one (1) foot. (5) Height Regulations. The minimum height for any main building (measured (meas-ured from the grade to the elevation of the square of the building) shall be not less than ten (10) feet. The maximum height for any main building (measured (meas-ured from the grade to the elevation of the square of the building) shall be not more than thirty-five (35) feet. (Also see Article VI. General Provisions'). Sec. 3. Cr-mercial District 1 (C-l) (1) Use Regulations. In Commercial District 1, no building or land shall be used, and no building shall be erected which is arranged, intended, or designed de-signed to be used for other oth-er than one or more of the following uses: a. Any use permitted in ONE-FAMILY DWELLING: A building arranged or designed to be occupied by one family. PEN: An enclosure for animals or fowls, including a boundary or partition fence. REAR YARD: An open unoccupied unoccu-pied space, except as hereinafter provided, on the same lot with a building between the rear line of the building (exclusive of steps), and the rear lot line and extending extend-ing for the full width of the lot. SET-BACK: The shortest dis-' dis-' tance between the street line and the building (exclusive of steps). SIDE STREET LINE: The property prop-erty line between the street and the side of the house. SIDE YARD: An open unoccupied unoccu-pied 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. STREET LINE: The property line between the street and the lot. ZONING COMMISSION: Shall mean the Springville City Zoning Commission. ARTICLE IV. DISTRICTS AND DISTRICT BOUNDARIES Sec. 1. Establishment of Districts. For the purpose of this ordinance, ordin-ance, Springville City is hereby divided into five (5) classes of districts as follows: Residential District 1....R-1 Residential - Agricultur a 1 ' District R- A Commercial District 1..C-1 Commercial District 2..C-2 Industrial District I Sec. 2. Boundaries of Districts. (1) The boundaries of each of the said districts are hereby here-by established as shown on the map entitled ''Zoning Map of Springville City, Utah," which map is attached at-tached hereto and all boundaries, notations, and other data shown thereon are made by this reference refer-ence as much a part of this ordinance as if fully described and detailed herein. The said map shall be filed in the custody of the City Recorder of Springville City and may be examined by the public subject to any reasonable regulations established by the City Clerk. (2) Where uncertainty exists as to the boundary of any district, as hereby established estab-lished and as shown on the map, the following rules shall apply: (a) Where the designation on the map indicates that the boundary line falls along a street or alley, the center line of the street or alley shall be construed as the boundary. (b) Where the district boundaries boun-daries are not otherwise indicated and where the indications on the map are approximately bounded by lot lines, the nearest lot line shall be construed to be the boundary of such district. (c) Where land has not been subdivided into lots and blocks, the boundary line shall be determined by use of the scale of measurement measure-ment shown on the map. (d) Where other uncertainty lines. j. The office of a professional profes-sional person when located lo-cated in a dwelling; also custo m a r y incidental home occupations engaged engag-ed in by individuals within with-in their dwelling. k. An unlighted name-plate name-plate not exceeding two (2) square feet in area. (2) Area Regulations. The minimum building site shall not be less than five thousand (5,000) square feet in area for each one-family one-family dwelling, and one thousand (1,000) addition-, al square feet for each additional ad-ditional family unit. (3) Frontage Regulations. The minimum width of any building site for a dwelling shall be not less than fifty (50) feet at a distance thirty (30) feet back from the front lot line. (4) Yard Regulations, a. Side Yard. The minimum side yard for any dwelling or other main building shall be one-half the distance from the grade to the elevation of the square of the building except that the minimum side yard for any main building build-ing shall be not less than eight (8) feet, and. the total width of the two required side yards shall be not less than twenty (20) feet Accessory buildings shall have a side yard of not less than one (1) i foot. On corner lots, the side yard which faces on a street shall be not less than twenty (20) feet for both main and accessory buildings. No accessory building shall be located closer than fifteen (15) feet to any dwelling on an adjacent ad-jacent lot. . b. Front Yard. The minimum set-back for main buildings shall be thirty (30) feet. The minimum set-back line for accessory buildings shall be at least six (6) feet in the rear of the main buildings. Where no main building exists on a lot, accessory buildings build-ings shall be located at least sixty (60) feet from the front lot line, c. Rear Yard.- The minimum rear yard for any main building shall be not less than twenty-five (25) feet-The feet-The minimum rear yard for accessory buildings shall be not less than one (1) foot. (5) Height Regulations. The minimum height for any main building (measured (meas-ured from the grade to the elevation of the square of the building) shall be not less than ten (10) feet. The maximum height for any main building (measured (meas-ured from the grade to the elevation of the square of the building) shall be not more than thirty-five (35) feet. (Also see Article VI. Gen- Wherever notice is required requir-ed by this act to be given to the public, such notice - shall be given by at least one publication in a newspaper news-paper of general circulation circula-tion within the city, printed print-ed at least fifteen (15) days iprior to the- time when such proposed ordinance ordin-ance will be considered by the City Council. ARTICLE III. DEFINITIONS For purposes of this ordinance, certain words are defined as follows: fol-lows: Any words not defined herein shall be construed as defined in the Building Code of Springville City if defined therein. ACCESSORY USE OR BUILDING: BUILD-ING: A subordinate use or building build-ing customarily incident to and located upon the same lot occupied occu-pied by the main use or building. ALLEY: A street or thoroughfare thorough-fare less than twenty (20) feet wide. APARTMENT HOUSE: A building build-ing arranged, designed or intended intend-ed to be occupied by five (5) or more families living independently independent-ly of each other, and having separate sep-arate cooking facilities. BUILDING: Any structure having hav-ing a roof supported by columns j or walls for the housing or enclosure en-closure of persons, animals, or chattels. CITY: Shall mean Springville City, Utah. CITY COUNCIL: Shall mean the City Council of Springville City, Utah. CORNER LOT: At lot fronting on two or more intersecting streets, each of which is at least twenty (20) feet wide. I CORRAL: An enclosure for fowls or animals, a pen. DWELLING: A building or portion por-tion thereof designed for or occupied occu-pied exclusively for residential purposes, ' including one-family, two-family and multiple-family dwellings, and boarding and lodging lodg-ing houses, but not including hotels or tourist cabins. DWELLING UNIT: One or more rooms in a dwelling or apartment hotel designed for or occupied by one family for living or sleeping purposes and having one (1) kitchen. ELEVATION OF SQUARE OF BUILDING: The elevation of the top of the exterior walls of a building, or in the case of a building build-ing having exterior walls which vary in height, it shall be the average elevation of the top of the exterior walls. FAMILY : Any number of individuals in-dividuals living together as a single housekeeping unit, and doing do-ing their cooking on the premises. prem-ises. FRONT YARD: For an interior lot, an open unoccupied space between be-tween the front line of the building build-ing (exclusive of steps), and the front lot or street line extending across the full width of the lot. A corner lot, including in addition, addi-tion, the area between the side line of the building (exclusive of steps) adjacent to the street, and the side line or stret line and extending the full depth of the lot. GARAGE, PRIVATE: An accessory ac-cessory building for the parking or temporary storage of automo- property covered by application appli-cation is deprived of privileges priv-ileges possessed by other properties in the same district; dis-trict; and that the granting grant-ing of the variance is essential es-sential to the enjoyment of a substantial property right possessed by other property in the same district dis-trict and vicinity. (3) The concurring vote of a majority of the five members mem-bers of the Board shall be necessary to reverse any order, requirement, or determination de-termination of any such administrative official, or to decide in favor of the applicant on any matter on which it is required to pass or to effect any such variation in this ordinance. Sec. 6. Building Permits Already Granted Nothing in this ordinance shall require any change in the construction or designated use of a building build-ing or structure for which a permit has been legally granted before the enactment enact-ment of this ordinance, and the construction of which building shall have been started within ninety (90) days of such enactment; except that if such building build-ing operation is discontinued discontinu-ed for a period of six (6) months, any further construction con-struction shall be in conformity con-formity with the provisions of this ordinance. Sec. 7. Special Permits by the Board of Adjustment (1) The Board of Adjustment may, in appropriate cases, after public notice and hearing, and subject to appropriate ap-propriate conditions and safeguards, determine and vary the application of the use district regulations herein established in harmony har-mony with their general purpose and intent as follows fol-lows : (a) Where a use district boundary boun-dary line divides' a lot in single ownership at the time of the passage of this ordinance, permit a use authorized on either portion por-tion of such lot to extend to the entire lot but not more than fifty (50) feet beyond the boundary line of such district in which such use is authorized. (b) Permit a temporary building build-ing for commerce or industry in-dustry in a residential district dis-trict which building is incidental in-cidental to the residential development, such permit to be issued for not more than a period of one (1) year. (c) Permit a building to face a side yard. ' Sec. 8. Review by the Court- Any person aggrieved by any decision of the Board of Adjustment may have the decision of said Board reviewed by a court of competent jurisdiction. Sec. 9. Amendments to the Or- ? restrictive use. A non-con-. formijig use if changed to a conforming use may not t hereafter be changed' back to any non-conforming use. ec. -1. Penalties and Enforcement. Enforce-ment. (1) It shall be unlawful for any person to violate any of the provisions of this ordinance or to fail to observe ob-serve and obey any of the requirements and restrictions restric-tions hereof. It shall be the duty of the Building Inspector In-spector strictly to enforce all provisions of this ordinance. or-dinance. An owner, tenant, general agent, architect, building contractor, or any other person who commits, takes part in, or assists in any violation of this ordinance, ordin-ance, or who maintains any building or land in, or on which any violation of this chapter shall exist shall be guilty of a misdemeanor. mis-demeanor. Each day that a violation is permitted to exist shall constitute a separate sep-arate offense.. (2) In any case where any building or structure is erected, constructed, reconstructed, recon-structed, altered, repaired, converted'or maintained, or where any. building, structure struc-ture or land is used in violation vio-lation of this ordinance, the Building Insp e c t o r of Springville City, in addition addi-tion to other remedies, shall institute any appropriate appro-priate action or proceedings proceed-ings to prevent such unlawful unlaw-ful erection, construction, reconstruction, alterati o n, repair, conversion, maintenance main-tenance or use, to restrain, correct or abate such violation, vio-lation, to prevent the occupancy occu-pancy of such building, structure or land, or to prevent pre-vent any illegal act, con- duct of business or use in or about such premises. Sec. 5. Validity. If any section, paragraph, subdivision, clause, phrase or provision of this ordinance ordin-ance shall be adjudged invalid in-valid or held unconstitutional, unconstitu-tional, the same shall not affect the validity of this ordinance as a whole or any part or provision hereof here-of other than the part so decided to be invalid or unconstitutional. un-constitutional. Sec. 6. Reneal. ORDINANCE (Continued fronivPagv Eight) tlustrkil buildings. For other oth-er commercial or industrial buildings there shall be a minimum rear yard of twenty-five (l!.ri) feet and two minimum side yards of fifteen (15) feet each. Wherever a lot upon which an industrial structure is proposed to be built is adjacent ad-jacent to the boundary of a. residential district, there shall be provided side yards equal to those required in such residential district. For buildings arranged, intended in-tended or designed for residential res-idential use there shall be provided area and yards as required for dwellings in the R-l district. (Also see Article VI. General Provisions.) ARTICLE VI GENERAL PROVISIONS Sec. 1- Use Regulations. (1) Conformance and Permits Required. Except as hereinafter provided, pro-vided, no building shall be erected, nor shall any land or building be used for any use other than is permitted permit-ted in the district in which such building or land is located. (2) Clear View of Intersecting Streets No obstruction to view in excess of two (21 feet in height, except a reasonable number of lawn trees, shall be maintained on the premises prem-ises of a corner lot between be-tween the front and side street lines and the building build-ing lines, provided that such trees as are planted shall be not less than fifteen fif-teen (15) feet from the front and side street lines, and are pruned high enough to permit unobstructed vision to automobile drivers. driv-ers. (3) Automobile Access Service stations, roadside stands, public parking lots, and all other businesses requiring re-quiring automobile access shall observe the following provisions: a. Access to the station or other structure or parking park-ing lot shall be by not more than two roadways on any fronting street, each of said roadways to be not more than twenty-five (25) , feet in width and not closer than fifteen (15) feet to the point of intersection of two property lines at any corner, and no two of said roadways to be closer to each other than thirty-five (35) feet. b. The owner shall provide a fence, planting or other oth-er separation of permanent per-manent character, not less than ten (10) inches in height and not over one and one-half (IV2) feet in height, on the property, line except at the points of ingress and egress, as provided herein, here-in, to prevent the use of public sidewalk space by motor vehicles. c. Gasoline pumps shall be set back not less than twenty (201 feet from the street line. (4) Loading and Unloading Facilities. All establishments which " receive and or deliver goods, material, merchandise, merch-andise, etc., shall provide pro-vide and maintain off-street off-street loading and unloading un-loading facilities. (5) Off-street Parking Area, a. Commercial District 3. All establishments serving serv-ing the general public in a retail capacity shall provide off-street parking park-ing equal in area to the floor area of said establishments. estab-lishments. (6) No Commercial billboards, electric display or advertising adver-tising sign shall be permitted per-mitted in any residential residen-tial district. Any ordinance or parts of ordinances in conflict with the provisions hereof are hereby repealed. Sec. 7. Effective Date. In view .of the fact that there is a large increase of homes and businesses; that application for building permits have greatly increased; in-creased; that ibis probable that there will be a large increase in the building of homes, businesses, and industrial in-dustrial plants; and in view of impending developments and conditions requiring the prompt adoption of a comprehensive zoning plan, it is the opinion of the City Council that an emergency emer-gency exists and that for the immediate preservation of the peace, health, safety and general welfare of the City of Springvill City and its inhabitants that this ordinance should take effect ef-fect upon its passage and publication. Sec 8. This Ordinance shall take effect upon its passage and publication. Passed by the City Council of Springville City this 7th day of October, A. D., 1946. GLEN W. SUMSION, Mayor Attest: GLENN HANSEN, City Recorder (SEAL) STATE OF UTAH, County of Utah ss. ' I, Glenn Hansen, the duly chosen chos-en qualified and acting City Recorder Re-corder of Springville City, Utah County, State of Utah, do hereby here-by certify that as such official I have the proceedings of the City Council of said City; that the above and foregoing is a full, true, and correct copy of an ordinance passed by the City Council of said City on the 7th day of October, Octo-ber, A. D., 1946, entitled: ."An Ordinance, in pursuance of the authority granted in 15-8-89 to 107, inclusive, Utah Code Annotated, Annotat-ed, 1943, to provide for a board of adjustment and to define its duties and powers; to provide for zoning and the establishment of districts within the corporate limits; lim-its; to regulate, within such districts dis-tricts the location and number of stories of buildings and structures, struc-tures, the erection, construction, ! reconstruction, alteration, and repair re-pair thereof; the percentage of lot occupancy, the required open spaces, the density of population and uses of land, buildings and structures; to provide methods of administration of this ordinance, methods of enforcement and penalties pen-alties for the violation hereof." IN WITNESS THEREOF, I have hereunto set my hand and affixed af-fixed the corporate seal of said City this 7th day of October, A.D., 1946. GLENN HANSEN, City Recorder, Springville City, Utah. (SEAL) ' 1 Published in the Springville Herald, Her-ald, October 10, 1946. kec. 2. Yards. (1) Front Yards. On one side of any street between two intersecting streets where twenty-five (25) per cent or more of the frontage is improved, the set-back, except for buildings on corner lots, may be the same as the average for the buildings along the street, provided that in no case shall the minimum set-back be less than twenty (20) feet. (2) All dwellings must front on a public street. i (3) Yard Duplication. 1 No yard or other open , space provided about any building for the purpose of complying with the provisions pro-visions of these regulations shall be used as a yard or open space for another building. v bec- 3. Non-conforming Use. Any lawful use of buildings or land at the time of the passage of this ordinance that does not conform to the regulations prescribed in this ordinance shall be deemed 'a non-conforming use: Such use may be continued con-tinued but may not be extended. ex-tended. A non-conf oring use of a building or land may not be changed to another non-conforming use of the same or less restricted character. If such nonconforming non-conforming use is discontinued discon-tinued for a period of one (1) year or more, any future fu-ture use of said land must e in conformity with the Provisions of this ordin-ance. ordin-ance. A non-conforming use shall not be changed unless changed to a more |