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Show I MAY i, m - - - : :, M UN0HAilj3mi titNGHAM dAKVOtt, titAil ' - in i it hiiiim m . ti i mmm mm . ma. r - ml - . lU.f. cETriftfttf . POWERS OF THE BOARD OF ADJUSTMENT 1. The Board of Adjustment may consider the type of case where the applicant thinks the Building In-spector is interpreting the zoning ordinance or map incorrectly. (See paragraph of the zoning ordinance.) 2. The Board of Adjustment may consider the type of case known as a variance, where the person mak-ing the appeal can show that the strict application of the regulation would result in peculiar and excep-tional difficulties or undue hard-ship upon the property because of exceptional narrowness, shallow-ness, or shape of his property at the time of the enactment of the controlling regulation, or because of exceptional topographic condi-tions or other conditions peculiar to the lot. However, the Board of Adjustment cannot grant a request which would be contrary to the spirit of the Zoning Ordinance or its objectives and purposes. (See paragraph -B of the zoning ordinance.) 3. The Board of Adjustment may consider special use permits and special exceptions which are set out in the zoning ordinance. (See para-graph of the zoning ordin-ance.) The Board of Adjustment may ap-prove, deny in whole or in part, or may attach conditions to the grant of the request. (See paragraph 7 of the zoning ordinance.) ( 1 ) Where a zone boundary Una divides a lot or parcel of land of record at the effective date of this ordinance into more than one zone, thi: Board of Adjustment may per-mit the extension of a use author-ized in either zone to include the entire lot but not to an extent of more than twenty-fiv- e (25) feet, provided there shall be no impair-ment in the intent and purpose of the zoning plan and provided that values of the surrounding property will be fully safeguarded. (2) Where uncertainty exist with respect to a zone boundary line which cannot be resolved by the rules as set forth in paragraph 2-- 3 of thi ordinance, the Board of Adjustment shall establish the zone boundary line. In so doing, the Board of Adjustment shall be guid-ed insofar as possible by paragraph 2-- 3 and by paragraphs I -- 5 and of this ordinance. (3) The Board of Adjustment may grant other special exception or other special use permits which arc specifically delegated to it to consider by the terms of this ordin-ance or as the ordinance may be amended to include. 7. Decision In the exercise of its duties and powers as herein set forth the Board of Adjustment may reverse or af-firm, wholly or partly, or may modify the requirement or decision of the Building Inspector and may make such determination or require-ment as ought to be made. The Board may attach reasonable con- - Iditions or requirements which the must comply with as a condition of the grant or approval and may attach a time limit on the exercise or lack of exercise of any grant. Vote The concurring vote of four (4) members of the Board shall be nec-essary to decide on any matter upon which it is required to pass. 9. Authority Limited It shall not be the function of the Board of Adjustment to correct what it may consider to be an un-wise requirement in the zoning or-dinance or to substitute its judg-ment in place of that of the City Council as expressed in this ordin-ance. Nevertheless, it shall be the duty of the. Board to recommend appropriate modifications or amend-ments to the zoning ordinance to the Planning Commission when in its opinion such modification or amendments would more fully pro-mote the objectives and purpose of this ordinance. Appeal Any person aggrieved by any decision of the Board of Adjust-ment may have and maintain a plenary action for relief therefrom in any court of competent jurisdic-tion, provided that petition for such relief is presented to the court with-in thirty (30) days after the filing of such decision in the office of the Board of Adjustment. ACTION BY THE BOARD OF ADJUSTMENT ( ) I. The Board of Adjustment determines that the request present-ed in this appeal is within its powers to review as set forth in Paragraph of the zoning ordinance, and does hereby make the follow-ing determination with respect thereto: ( ) 2. The Board of Adjustment determines that the request present-ed in this appeal is within its power to review as set forth in Paragraph . of the zoning ordinance but does hereby deny the request for the reason that: I. the grant of the request would not be in the interest of the public. 2. 3. ( ) 3. The Board of Adjustment determines that the request pre-sented in this appeal is not within it authority to grant. The request is therefore denied. Hearing on thi appeal wa advertised , 9 . Hearing on this appeal was held , 9. Refer to page of the Minutes of the Board of Adjustment. BOARD OF ADJUSTMENT By (Secretary) The Building Inspector shall forthwith transmit to said Board all the papers, records, and other per-tinent data pertaining to the appeal. 7-- 4. Decision on Appeal The Board of Adjustment shall hear and decide appeals from any decision or requirement made by the Building Inspector. The Board of Adjustment shall decide the same within a reasonable time. 7-- Notice of Hearing The Board of Adjustment shall fix a reasonable time for the hear-ing of the appeal and shall give public notice thereof at least five (5) days prior to the date of the hearing, by publication of notice in a newspaper of general circulation in the city and by notification of the property owners within 50 feet from tho exterior boundaries of the property involved. 7-- 6. Power of the Board of Adjustment, A. Alleged Error. The Board of Adjustment shall have the power to hear and decide appeals wherein it is alleged that there is error in any requirement or decision made by the Building Inspector in the enforcement of this ordinance. B. Variances Where, by reason of exceptional narrowness, shallowness, or sh-p- e of a specific piece of property at the time of the enactment of this ordinance or by reason of excep-tion topographic conditions or oth-er extraordinary and exceptional situations or conditions of such piece of property, the strict appli-cation of any of the regulations would result in peculiar, exception-al, practical difficulties, or excep-tional and undue hardships upon the owner of such property, the Board of Adjustment may authorize upon appeal relating to said prop-erty a variance from such strict application so as to relieve such difficulties, or hardship, provided such relief may be granted without substantial detriment to the public good and without substantially im-pairing the intent and purpose of the zoning ordinance or the objec-tives and characteristics of the zone in which it is located. C. Exception The Board of Adjustment shall also have the power to hear, de-cide, grant, or refuse to grant the following special exceptions or questions in accordance with the provisions of this ordinance per-taining thereto: ARTICLE VIH. VALIDITY EFFECTIVE DATE 8-- 1 . If any section, subsection, paragraph, clause, phrase or pro-vision of this ordinance shall be ' adjudged invalid or held unconsti-tutional, the same shall not affect the validity of the ordinance as a whole or any part or provision thereof, other than the part so de- - t cided to be invalid or unconstitu-tional. 8-- In the opinion of the City Council, impending development within the City and the immediate preservation of the peace, health and safety of the City requires the im-mediate adoption of a comprehen-sive zoning ordinance. This ordin-ance shall take effect upon its pass-age and first publication. Councilman G. L. West made a motion that the foregoing ordinance No. 75 be adopted. Councilman Verl Peterson sec-onded the motion. Roll Call vote was as follows: Councilman Ross M. Gushing aye. Councilman G. L. West aye. Councilman Pete Dimas aye. Councilman Verl Peterson aye. Councilman F. J. Quinn absent. Mayor Joe Dispenza aye. Passed by the City Council of Bingham Canyon, Utah, this 5th day of May, 1959. JOE DISPENZA (SEAL) Mayor ATTEST: MAE STiLLMAN, City Recorder CERTIFICATE I, Mae Stillman, recorder of Bing-ham, a municipal corporation of the State of Utah, hereby certify that the foregoing ordinance wa duly and regularly passed by the City Council of Bingham Canyon, a municipal corporation of the State of Utah, and approved by the mayor on the 5th day of May, 1959, and duly entered upon the official min-utes of Bingham on that date and ordered published in the Bingham Bulletin, a newspaper of general circulation within the city. WITNESS, my hand and the seal of Bingham Canyon, a municipal corporation of the State of Utah, this 5th day of May, 1959. MAE STILLMAN . (SEAL) City Recorder Date of Publication: May 8, 1959. CITY OF BINGHAM CANYON ZONING ORDINANCE (Continued from page two) dinance, nor shall any officer grant any permit or license for the use of any building or land if such use would be in violation .of this ordin-ance. Powers and Duties of Enforc-ing Officer It shall be the duty of the Build-ing Inspector to inspect, or cause to be inspected, all buildings in the course of construction or repair. In the performance of his duties he may enter at reasonable time any building or premises in the city. He shall enforce all of the provisions of thi ordinance, entering actions in the courts when necessary, and his failure to do so shall not legal-ize any act in violation of such pro-visions. The Building Inspector shall not,' issue any permit unless the plans of, and for, the proposed erec-tion, construction, reconstruction, alteration, and' use fully conform to all the zoning regulations applying thereto. 6. Plat of Building Required All applications for building per-mits shall be accompanied by a plat drawn to scale, showing the lot to be built upon and the size and location of existing buildings and buildings o be erected on the lot. The plat shall also show the zone in which the lot or parcel of land is located. Building Inspector to Enforce Zoning Ordinance In any case where any building the Board of Review and to enforce the requirement of said Board. 4. Appeal Any person aggrieved by any determination or requirement by the Board of Review may appeal to the City Council, by notifying the City Clerk in writing of hi desire to appeal within seven day after notification by registered mail of the decision or requirement of the Board of Review and the City Coun-cil may reverse or affirm wholly or in part any decision, determination, or requirement made by the Board of Review in order that the objec-tives and purposes of this section may be accomplished and substan-tial justice done. Penalty Any person, firm, or corpora-tion, whether as a principal, agent, employee, or otherwise, who shall erect, construct, reconstruct, or alter any building within the City of Bingham Canyon, Utah, or who shall change the use of any land without first obtaining a permit therefor from the Building Inspec-tor, shall be guilty of a misdemean-or, and upon conviction thereof shall be punished by a fine of not to exceed $299 or by imprisonment for a period of time not to exceed three (3) months, or by both fine and imprisonment. Any person, firm, or corporation, whether as principal, agent, employee, or oth-erwise, who shall violate this ordin-ance or any portion thereof, shall be deemed to be guilty of a separ-ate offense for each and every day during which such violation i com-mitted, continued or permitted by . S I1 " 'Ejff : '' - :.Mrv- - v . . - J-m- l ' ',-' ITT V :. . Mill Vfef . 7 1 1 tFP 7 i ii'iTtTn-.-. "' ' . II1 'l .: . ... 1 ; rr : t ' 7 sj .i u ' i ' -- . ". r ;L7 "' . - " ';U, yfmv , . I'd . ' I hi " r ' - ' '" V . . - ' : ' 1 ' - ' A i ' - ' ' & - ' ' - - X i A - ' y . - ,A ' ' , ' ' . V . ' ,'-- '" t J - 4 ' ' . y . or structure is constructed, altered, or converted, or where any building, structure, or land is used in viola-tion of this ordinance or amend-ment thereto, the Building Inspec-tor,, in addition to other remedies, may institute any appropriate ac-tions or proceedings to prevent such unlawful construction, altera-tion, conversion or use, to restrict, correct and abate such violation, to prevent the occupancy of such building, structure, or land, or to prevent any illegal act, conduct or business in and about such premise. Business Licenses to Conform with Zoning Ordinance No business license or permit pertaining to the use of land or building shall be issued by any of-ficer or employee of Bingham Can-yon, Utah, unless the application for the permit or license has been approved by the Building Inspector as being in conformance with the provision of thi ordinance. Any permit or license, if issued in con-flict with the provision of this ord-inance shall bs nul and void. 9 Deteriorated Building and Ex-cessive Accumulation of Debris to be Referred to Board of Re-view. Whenever a building i permitted to deteriorate, and whenever trash, rubbish or debris is permitted to remain on or about any premises to such an extent and to such a degree that one or more ' of the harmful effect et forth in paragraph of this ordinance result therefrom, then the Building Inspector shall notify the Board of Review of the existence and location of such de-teriorated building or trash, rub-bish, or debris. Board of Review Created For the purpose of this ordinance there is hereby created a Board of Review which shall be composed of five (5) members to be appointed by the Mayor with the consent of the City Council for a term of five (5) year; provided that the terms of the members of the first Board so appointed shall be such that the term of one member shall expire each year. Vacancies shall be filled for the unexpired term of any member whose term is not com-pleted. Said Board of Review shall elect a chairman from among its own members and shall establish rules of procedure which shall be approved by the City Council. Powers and Duties of Board of Review Upon the submission to it of a report of the existence of an ex-cessively deteriorated building or the existence of excessive amounts of trash, rubbish, and debris on or about any premises, it shall be the responsibility of the Board of Re-view to examine such buildings or premises and to specify in writing within ten days from the date of the submission of the report of that which must be done by the owners and occupants of the premises to overcome such harmful effects. Decision In the exercise of its duties, the .Board of Review may specify, among other things, the extent of renewal or removal which must be done and the time in which the work .must be done. Where the requirements in-volve the renewal or removal of a building or the removal of any trash, rubbish, or debris, the Board of Review, through the Building Inspector, may, in addition to other remedies a set forth in paragraph 5-- of this ordinance, proceed in accordance with the provisions of Title 10, Chapter II, Utah Code Annotated, 1953. Notice It shall be the duty of the Build-ing Inspector to inform the owner or occupant of the requirements of such person, firm, or corporation and shall be punishable as a separ-- , ate .offense as herein provided. ARTICLE VI. NONCONFORMING BUILDINGS AND USES 6-- 1 . Nonconforming Use In view of the fact that new and additional buildings, structures, and uses of land must conform to the provisions of this ordinance, no nonconforming use of buildings, structures, or land shall be extend-ed or enlarged except under con-ditions as hereinafter set forth. Nevertheless, the nonconforming use of buildings, structures, and land may be continued to the same extent and character as that which existed on the effective date of this ordinance. 6-- Repair - Repairs may also be made to the nonconforming building or to a building housing a nonconforming use, but no permit shall be issued which will have the effect of in-creasing the floor space devoted to he nonconforming use or of in-creasing the capacity pr volume of business, 6-- 3. Alteration Alterations in nonconforming building or in a building housing a use may also be made, provided ouch alterations will not have the effect of increas-ing the floor space 'devoted to the nonconforming" use or of increasing the capacity or volume of business. 6-- Enlargements No increase in the floor space of a building containing a noncon-forming use shall be made except that which may be required to com-ply with an order from the Board of Health. Nevertheless, the non-conforming use of a building may be extended so as to occupy all or any part of the space existing with-in the building at the effective date of this ordinance. 6-- 5. Discontinuance If a nonconforming use of land or use of building is changed to a conforming use or is discontinued for a period of one year or more, any further use of said building or land, or construction, alteration, or repairs to buildings, shall thereafter be in conformity with the provis-ions of this ordinance, 6-- Reclassification The provisions, pertaining to non-conforming use pf land and build-ing shall also apply to buildings, structures, land, or uses which shall hereafter become nonconforming due to any change in the zoning ordinance. 6- - 7. Restoration of Damaged Build ings. A nonconforming building ' or structure, or a building or structure occupied by a nonconforming use, which is destroyed or damaged by fire, flood, wind, earthquake or other act of God or public enemy to the extent of 75 or more, shall not be restored and the occupancy or use of such building pr structure, or part thereof, which existed at the time of such damage or destruc-tion shall be discontinued. ARTICLE VII. BOARD OF ADJUSTMENT 7- - 1. Creation of Board of Adjust- - ' ment There is hereby created a Board of Adjustment which shall -- consist of five (5) members, each to be appointed by the City Council for a term of five (S) years, provided that the term of the member of the first board so appointed shall be such that the term of one mem-ber shall expire each year. Any member may be removed for cause by the City Council upon written charge after public hearing if such public hearing is requested. Vacan-cies shall bu filled for the unexpired term of any member whose term is not completed. One, but not more than one, of the members, of the Board of Adjustment shall be a member of the Planning Commis- - sion, Organization of Board) Procedure The Board of Adjustment shall organize and elect a Chairman and adopt rules in accordance with the provisions of this ordinance. Meet-ing of the Board shall be held al the call of the Chairman and al such other times as the Board may determine. . All meetings of the Board shall be open to the public, and the Board hall keep minutes of it proceed-ing showing the vote of each mem-ber upon each question, or if ab-sent or failing to vote, indicating such fact, and shall keep recordi of its official actions, all of which shall be filed immediately in the office of the Board and shall be a public record. In each appeal the Board shall qualify itself to it authority to act upon the matter and shall cite in the record the par-- I ticular section or subsection of the zoning; ordinance from which such authority is derived. The Board shall not act upon matter not specifically delegated to it. 3. Who May Make Appeals-Applic- ation Any person, or any officer, or de-- I partment of the city may appeal to the Board of Adjustment by filing a request in writing with the Build-ing Inspector, provided such appeal is made within thirty (30) days from the grant or refusal of a build-ing permit by the Building Inspec-tor. The request to appear before the Board of Adjustment shall be - made on the form "Application To Appear Before the Board of Adjust- - ment," a copy of which i given below, or a may be amended. Said form is as follows: Appeal No APPLICATION TO APPEAR BEFORE THE BOARD OF ADJUSTMENT Application No Date 1 (we) of (Name) (Address) do hereby apply to the Board of Adjustment of Bingham Canyon for a determination on the following matter: (Note: By law the Board of Adjustment may consider only three typeo of cases. These are outlined on the back of this sheet under the title of POW-ERS OF BOARD OF ADJUST-MENT. Please acquaint your self with the provisions and indicate under which provis-ion you are making thi appeal. State the facts fully. Use addi-tional sheets if necessary and attach a plot plan where ap-propriate, showing the location of the buildings now on the lot and the buildings on ad-joining lots, if any.) Check one: Provision under which thi appeal made: () () () I 2 3 THE FACTS ARE AS FOLLOWS: The property covered by thi ap-peal is located at and is situated within the zone. Date of (Signature Applicant.) 1' IS "IftOif BLOOD" MAKING YOU OHI.Y "HALF" A WOMAN? 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