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Show July 2, 1998 Manti Messenger Page B3 Manti City Planning and Zoning Ordinance 2) The elimination of blight and for redevelopment, including housing sites, business and industrial sites, and public building sites; IF An economic element composed of appropriate studies and an economic development plan that may include review of municipal revenue arid expenditures, revenue sources, identification of base and residentiary industry, primary and secondary market areas, employment, and retail sales activity; G) Recommendations for implementing the plan, including the use of zoning ordinances, subdivision ordinances, capital improvement plans, and other appropriate actions; and H Any other elements Manti City considers appropriate. Plan Adoption Process After completing a proposed general plan for al I or part of the area within Manti City, the planning commission shall schedule and hold a public hearing on the proposed plan. 2 The planning commission shall provide reasonable notice of the public hearing at least 14 days before the date of the hearing. 3 After the public hearing, the planning commission may make changes to the proposed general plan. 4 The planning commission shall then forward the proposed general plan to the City Council. 5 The City Council shall hold a public hearing on the proposed general plan recommended to it by the planning commission. The City Council shall provide reasonable notice of the public hearing at least 4 days before the date of the hearing. 6 After the public hearing, the City Council may make any modifications to the proposed general plan that it considers appropriate. 7 The City Council may: A Adopt the proposed general plan without amendment; B Amend the proposed general plan and adopt or reject it as amended; or CJ Reject the proposed general plan. 8 The general plan is an advisory guide for land use decisions. The City Council may adopt an ordinance mandating compliance with the general plan. 2-- 1 1 Effect of Plan or Ordinance on Public Uses After the City Council has adopted a general plan or ordinance or any amendments to the general plan or ordinance, no street, park, or other public way, ground, place, or space, no publicly or privately owned building or structure, and no public utility, whether publicly or privately owned, may be constructed or authorized until and unless: (A It conforms to the plan or ordinance; or B It has been considered by the planning commission and, after receiving the advice of the planning commission, approved by the City Council as an amendment to the general plan or ordinance. 2 Before accepting, widening, removing, extending, relocating, narrowing, vacating, abandoning, changing the use, acquiring land for, or selling or leasing, any street or other public way, ground, place, property, or structure, the City Council shall submit the proposal to the planning commission for its review and recommendations. 2-- 1 1 f 1 C That because of said special circumstances, property covered Effect of Official Map. by application is deprived of privileges possessed by other properties in 4-the same zone area, and that the granting of the variance is essential to Wherever a front yard is required for a lot facing on a street for which the enjoyment of a substantial property right possessed by other an Official Map has been recorded in the Office of the City Recorder, the depth of such front yard shall be measured from the mapped street property in the same zone area. line provided by the official map. 12 3-- 3 Special Questions. Manti City Zoning Permits, SequenceChccklist Where a zone boundary line divides a lot in single ownership at the time of passage of this Ordinance, the board may permit a use The sequence for consideration of either approval or denial of a Manti authorized on either portion of such lot to extend not more than fifty City building permit application is as follows: (50) feet into the other portion of the lot, and provided that lot set back 1 1 A completed building permit application form is submitted to the Manti City offices. The permit application must be accompanied by a measurement requirements are met. 2 The Board may permit the building of a dwelling upon a lot which detailed "plot plan, drawn to scale, of the proposed project clearly does not have frontage on a street if there is provision for adequate showing all dimensions and directions, lot location, and building setbacks. streetroad access and utilities, and adherence to minimum lot k 2 Manti City Offices will forward the building permit application measurements. 3 Where a lot is at least one and one-ha( I 'A) times as w ide and one form and plot plan, along w ith any other information furnished by the and one-ha- lf times as the area required for a lot in the zone, or one and applicant to the building official. 3 The building official reviews the plans and materials. If times as w ide and one and ( 1 V) times as (1 ever) thing in in order he will sign it off. If there are any problems or questions, it the be is lots as the for the area two zone, (2) large parcel may required w ill be denied. divided into two (2) lots or three (3) lots respectively. (4 The building permit application is then returned to the city offices 4 Vote Necessary for Reversal. where it w ill be reviewed. When complete, a full copy w ill be made and The concurring vote of three members of the Board shall be necessary retained at the city offices and the original permit application will be to reverse any order, requirement or determination of the building returned to the applicant. official, or to decide in favor of the appellant on any matter upon w hich it is required to pass under any such ordinance, or to affect any variation BUILDING AND USES in such ordinance. 1 4-- 13 set-bac- lf ') one-quart- er one-quart- er 3-- 5-- 1 Maintenance Permitted. A nonconforming building or structure may be maintained. Decision on Appeal. In exercising the powers the Board may in conformity with the provisions of this Article reverse or affirm, wholly 5-- 2 Repairs and Alteration. or partly, or may modify the order, requirement, decision of Repairs and structural alterations may be made to a nonconforming determination appealed from and make such order, requirement, building or to a building housing a nonconforming use. decision or determination as ought to be made, and to what end shall have all the powers of the building official from whom the appeal is 5-- 3 Additions, Enlargements and Moving. 1 taken. A building or structure occupied by a nonconforming use and a building or structure nonconforming as to height, area or yard SUPPLEMENTARY AND QUALIFYING REGULATIONS regulations shall not be added to or enlarged in any manner or moved to 2 another location on the lot except as provided by 3-- 5 above-mention- Sub-Secti- 4-- 1 Effect of Chapter. hereof. The regulations hereinafter set forth in this Chapter qualify or 2 A building or structure occupied by a nonconforming use or a supplement, as the case may be, the zone regulations appearing building or structure nonconforming as to height, area or yard elsewhere in this Ordinance. regulations may be added to or enlarged or moved to a new location on the lot upon a permit authorized by the Planning Commission, which it 4--2 Yard Space for One Building Only. may issue, provided that the Board of Adjustment after the hearing, No required yard or open space around an existing building, or which shall find: is hereafter provided around any building for the purpose of complying A The addition to, enlargement of, or moving of the building will with the provisions of this Ordinance, shall be considered as providing be in harmony with one or more purposes of this ordinance as stated in a yard or open space for any other building, nor shall any yard or other Paragraph of Chapter 1, hereof, and shall be in keeping with the required op?n space for any other building, nor shall any yard or other intent of the Ordinance. B That the proposed change does not impose any unreasonable required open space on an adjoining lot be considered as providing a is or lot be erected a whereon on burden a to or yard open space upon the lands located in the vicinity of the nonconforming use building established. Use of space on adjoining lots requires a change of or structure. property descriptions. 2-- 12 Effect of Official Maps 5-- 4 An official map may not be used to unconstitutionally prohibit the development of property designated for eventual use as a public street. 1 Manti City may not adopt an official map under this chapter. 2 An official map adopted under the previous enabling statute does not: (A Require a landowner to dedicate and construct a street as a condition of development approval, except under circumstances provided in subsection B Require Manti City to immediately acquire property it has designated for eventual use as a public street. 3 This section does not prohibit Manti City from: (A Requiring a landowner to take into account the proposed streets in the planning of a development proposal; B Acquiring the property through purchase, gift, voluntary dedication, or eminent domain; or C Requiring the dedication and improvement of a street if the street is found necessary by Manti City because of a proposed 1 3 Every Dwelling to be on a Lot. Every Dwelling shall be located and maintained on a lot as defined in this Ordinance. 4-- Alteration Where Parking is Insufficient A building or structure lacking sufficient automobile parking in connection therewith as required by this Ordinance may be altered or enlarged to provided the additional automobile parking space is supplied to meet the requirements of this Ordinance for such alteration 4 Sale or Lease of Required Space or enlargement. No space needed to meet the width, yard area, coverage, parking or other requirements of this Ordinance for lot or building may be sold or 5-- 5 Restoration of Damaged Buildings. leased away from such lot or building. A nonconforming building or structure or a building or structure occupied by a nonconforming use which is damaged or destroyed by 5 Sale of Lots Below Minimum Space Requirements. fire, flood, wind, earthquake, or other calamity or Act of God or public No parcel of land which has less than the minimum width and area enemy may be restored and the occupancy or use of such building requirement for the zone in which it is located may be cut off from a structure or part thereof, which existed at the time of such damage or larger parcel of land for the purpose, whether immediate or future, of destruction may be continued or resumed, provided the damage to the building or development as a lot, except by permit of the Planning structure does not exceed 50 of the original structure and provided Commission. such restoration is started within a period of one year and is diligently pursued to completion. 6 Yards to be Unobstructed Exceptions. Every part of a required yard shall be open to the sky, unobstructed 5-- 6 One Year Vacancy. development. except for accessory buildings in a rear yard, the ordinary projections of A buildingor structure or portion thereof occupied by a nonconforming BOARD OF ADJUSTMENT skylights, sills, belt courses, chimneys, flues, and other ornamental use, which is, or hereafter becomes, vacant and remains unoccupied by features shall not project into the yard more than two and one-ha- lf (2'j) a nonconforming use for a continuous period of one year shall not Board-Numb3-- 1 Term and Removal, feet, and open or lattice enclosed fire escapes, fireproof outside thereafter be occupied except by a use which conforms to the use of Members-AppointmeVacancies. stairways and balconies open upon fire towers projecting into the yard regulations of the zone in which it is located. five be consist each to of not more than five (5) feet. (5) members, The Board of Adjustment shall 5-- 7 the Continuation of Use. City Council for a term appointed by the Mayor and confirmed by The occupancy of a building or structure by a nonconforming use, of Accessory Buildings. of five (5)years, provided that the term of one member shall expire each year. Any member may be removed for cause by the appointing No accessory building nor group of accessory buildings in any existing at the time this Ordinance becomes effective, may be (25) percent of the continued. authority upon written charges and after public hearing, if such public residential zone shall cover more than twenty-fiv- e filled for the be rear shall term Vacancies of is unexpired yard. hearing requested. 5-- 8 Occupation Within One Year. any member whose term becomes vacant. One member, but not more 8 shall be member Board a the A Allowed. of Commission Additional vacant building or structure may be occupied by a use for which the than one, of the Planning Height semi-publin when authorized or be Public, azone, may utility buildings, building structure was designed or intended if so occupied within a of Adjustment. erected to a height not exceeding seventy-fiv- e feet if the building period of one (75) year after the use became a nonconforming use. I is back from each otherw ise established building line at least one ( ) set 2 Duties and Powers of Board. To hear and decide appeals where it is alleged that there is error in foot for each additional foot of building height above the normal height 5-- 9 Expansion of Use Permitted. (1 A nonconforming use may be extended to include the entire floor area any order, requirement, decision, or determination made by the limit required for the zone in which the building is erected. this article ordinance or of enforcement of of the existing building in which it is conducted at the time the use in the official any building 9 Minimum Main of became nonconforming. thereto. Height Buildings. adopted pursuant 2 To hear and decide special exceptions to the terms of the ordinance No dwelling shall be erected to a height less than one story above 5-ground. Nonconforming Use of Land upon which such board is required to pass under such ordinance. from the the variance such terms of The nonconforming use of land, prior to the effective date of this 3 To Authorize upon appeal where Maximum Height of Accessory Buildings. owing to Ordinance as will not be contrary to the public interest, Ordinance, may be continued, provided that no such nonconforming three-famil- y is accessory to a the which No the enforcement of literal of a use of land shall be expanded or extended either on the same or conditions provisions building special or dwelling shall be erected to a height greater than adjoining property, and provided that if such nonconforming use of Ordinance will result in unnecessary hardship, provided that the spirit of the Ordinance shall be observed and substantial justice done. Before one (1) story or twenty (20) feet. land, or any portion thereof, is abandoned or changed for a period of it shall be shown that: be one however, variance authorized, year or more, any future use of such land shall be in conformity with may any the affect will View not of Streets. Clear the variance A The substantially comprehensive Intersecting provisions of this Ordinance. the In adherence to letter strict that and the a all front which in no in obstruction zones of to view excess yard, require plan of zoning the city Ordinance will cause difficulties and hardships, the imposition upon of three (3) feet in height shall be placed on any comer lot within a STREETS, ROADS, PARKING REQUIREMENTS, LOADING SPACE AND MOTOR VEHICLE ACCESS the petitioner is unnecessary in order to carry out the general purposes triangular area formed by the street property lines and a line connecting them at points forty (40) feet from the intersection of the street lines of the plan. B Special circumstances attached to the property covered by the except a reasonable number of trees pruned high enough to permit 6-- 1 Off Street Parking Required. There shall be provided at the time of erection of any main building or application which do not generally apply to the other property in the unobstructed vision to automobile drivers: and pedestal-typ- e identification signs and pumps at gasoline stations. same district. structure, or at the time any main building is enlarged or increased in 4-- 4-- 1 ( 4-- 1 er 4-- ic 1 3-- 4-- 10 4-- one-famil- y, four-fami- two-famil- y, ly 4-- r |