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Show WEEKLY REFLEX .. : . DAVIS NEWS JOURNAL, JULY 30) days after the filing of such decision in the office of the Board. (Utah Statutes CHAPTER 14 ZONING MINISTRATION AD- AND PUBLIC HEARINGS ADMINISTRATIVE AND CERTIFICATES REQUIRED AND PERMITS order compliance to secure with the provisions of this ordinance, and for such specific purposes as are set forth below, In the following certificates, reviews, and approvals and appeals are hereby established: Zoning Review, Building Permit, Conditional Use Permit, Site Plan and Architectural Approval, Performance Standards Review and Certificate of Occupancy. One or more such certificates, or reviews, permits, approvals are required for any structure or use as set forth elsewhere herein. The procedure and requirements for the issuance of such certificates and permits and the' accomplishment of such reviews, approvals, and appeals shall be set forth below: APPLICA- 0 Application for all certificates, permits, reviews, approvals, and appeals shall be made in the Office of the City Recorder. Applications shall be made on the respective forms provided and shall be accompanied by the fee and documents set forth cupancy. 0 Zoning Review Fee None 1 ' Building Permit 2 Varied (1) Conditional Use ; 3 ........ Cost Permit (2) Plan and Architectural Approval cost (2) Performance r' Standards Review.. Cost 14-2- ;:(2) ' 6 Board of Adjust-,.'"meHearings . . Cost (2) Certificate of Oc- - nt . V, 7 None .'.cupancy (1) Based on value in accordance with Kaysville ! Building Code Ordinance. V, (2) The amount neces- -' sary to defray costs of any ' ; required expert consu- ltant's report. CREASECTION TION OF ZONING ADMINISTRATOR: POWERS AND 14-3- duties ,:;7V' ; ;; , Zoning Ad-- . ministrator is hereby created and shall be appointed by the Planning Commission subject to approval by the City Coun-ci- l. The Administrator A 14-3- ' . ' ' shall have such powers and duties as are set forth herein. i Certificates, 14-3- Reviews, and Approvals. The Zoning Administra-- . tor shall be authorized to . and make reviews approvals in accordance with Section ordinance 3 . . of this 0 Appeal. who person Any disagrees with any action of the Zoning Administra-- , tor may appeal such action to the Planning Commission or the Board of Adjustment in the manner set of forth in Section 0 this ordinance. . SECTION REQUIRED DOCUMENTS, REVIEW PROCEDURE, 14-4- AND FINDINGS 1 improvements and all other data necessary to that yard :show ..requirements and all other provisions of the Zoning Ordinance are fulfilled. , - . ....The Zoning Administrator ... .shall review the plot plan :. and if he finds that the .building and premises and ,..,the use thereof conform all requirements of . the ordinance, he shall so ' .indicate by official stamp wand signature on the building permit. Building Permit. - From the time of the effective date of this ordinance, the Building Inspector shall not grant a permit for the construction or alteration of if any building or structure such construction or alteration would be in violation of any of the provisions of this 2 ordinance; nor shall any municipal office grant any use permit or license for the of any building or land if such use would be in violation of this ordinance. Building Inspector Shall not issue any permit unless: tion. 0 SECTION DEVELOPMENT TO BE IN WITH ACCORDANCE TERMS OF CERTIFICATE Upon issuance of any special certificate or approval as provided in Chapter 14, the Planning Commission shall require that the development or operation in question proceed only in accordance with the terms of such special certificate including any requirements or conditions established as a condition of the issuance of such certificate or approval of plans. No building permit required in connection with such proposed development, or operation shall be issued until all permits, reviews, or approvals required by this ordinance have been secured. Except as specifically provided herein, the securing of one required review or approval shall not exempt the recipient from the necessity of securing any other review or approval The plans of and for the proposed erection, cons- truction, reconstruction, alteration and use fully con: form to all zoning regulations in jn effect for the district which such building or use is proposed. review All SECTION 14-7- HEAR- INGS Hearings on zoning matters shall be held on the occasions and in the manner set forth herein. Hearing procedures for zoning ordinance amendments are described in Secof this ordinance tion and in Utah Statutes Hearing procedures for appeals from administration or enforcement of this ordinance are set forth in Section 6 Requirement Hearing. 1 of hearing shall be held prior to A public any action by the Board of Adjustment and may be held on actions of the Planning Commission. 2 Hearing No- tice. Whenever a hearing is held, whether optional or required, it shall be noticed by the posting of the subject matter, time, and place of such hearing on the City bulletin board and a copy delivered to the Mayor or the City Office fifteen (15) days prior to the hearing. Due notice shall also be given to the parties in interest. The Board of Adjustment or Planning Commission may give such additional notice as it shall deem appropriate. Hearing, tinuance. 3 Con- required or optional public hearing A mav be continued from EXISTING The requirements of this ordinance as to minimum namental features. 2 Open or building site area shall not be construed to prevent the use for a single-famil- y dwelling of any lot or parcel of land in the event that such land was held in separate ownership at the effective date of the original Kaysville City Zoning Ordinance. IS 101 On any lot held under a separate ownership from adjacent lots, and of record at the time of the passage of the original Kaysville City Zoning Or- the buildable width of such lot is not reduced to less than twenty-fiv- e (25) feet, except that at least a six (6) foot side yard is required on each side of any interior lot and the side yard on the street side of a comer lot must be at least fifteen (15) feet. .. IS 102 The depth of the rear yard of any such lot need not exceed twenty (20) percent of the depth of the lot, but in no case shall it be less than ten (10) feet. 1S200 HEIGHT SECTION LIMITS 1S201 roof Penthouses or structures for the of elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the building, and fire or parapet walls, skylight, towers, steeples, housing chimneys, flagpoles, smokestacks, water tanks, wireless .masts, theatre lofts, silos or similar structures may be erected above the height limits herein prescribed, but no space above the height limit shall be allowed for the purpose of providing additional floor space. No main building shall be erected to a height less than ten (10) feet. , , 2 . , SECTION AREA 15-30-0 REQUIREMENTS In any district where no public sanitary sewer is accessible, and regardless of any lot area or width elsewhere prescribed for said district, no lot shall have an area or width less than that required by the Health Departments of Davis County or the State of Utah for the satisfactory functioning of a septic tank on the property. 0 FRONT SECTION YARD EXCEPTIONS AND MODIFICATIONS In any average depth of where the at least two (2) existing front yards on lots within one hundred (100) feet of the lot in question and within the same block is less than the least front yard depth prescribed for said the front yard of such lot may be reduced to the average depth of the existing front yards within one hundred (100) feet of the lot in question, or the average depth of existing front yards of the two (2) lots immediately adjoining, or, in the case of a corner lot, the depth of the front yard on the lot adjoining, and facing on the same street as the lot in question. 0 DISSECTION BETWEEN TANCE STRUCRESIDENTIAL TURES, EXCEPTIONS OR MODIFICATIONS Width of one may be reduced or eliminated when authorized by the Planning Commission, to a width not less than three (3) feet provided the sum of the width of the two side yards is not less than the sum of the 1 side yard minimum required yards and further provided the distance between the proposed dwelling and another dwelling, existing or proposed, on an adjacent lot is not less than the sum of the two (2) side yards regularly required in this ordinance.. Such reduction may be authorized only when the Planning Commission finds it to be warranted by the location of existing buildings or conducive desirable the to development of two (2) or more lots. 15-5- A side yard along the side street lot line of a corner lot, which abuts in the rear the side lot line of another lot in an trict, shall have a width of not less than one-half lattice-enclose- d fire escapes, fireproof outside stair- ways, and balcontes open-in- g upon fire towers projecting into a yard not more than five (5) feet; and the ordinary projec tions of chimneys and flues are permitted. Architectural features which shall not be allowed to project into required yards or courts include, but are not limited to, decks, balconies not opening upon fire towers, cornices, roof overhangs, and steps. dinance, the side yard requirements may be waived to the extent that certificate or approval case. Zoning Review. The application for a building permit shall be ..accompanied by a plot . plan showing the lot lines and dimensions and loca, tions of structures and SECTION Failure to comply fully with the terms of any special certificate or approval may be grounds for cancellation. Action to cancel any certificate or approval may be taken on proper grounds by the person or agency which issued it. No certificate or approval shall be cancelled until after a hearing has been afforded the permittee. Not less than ten (10) days notice of a hearing on intention to cancel a shall be given such permittee. An action can- -' celling a certificate or approval by the Zoning Administrator or Planning Commission shall be ap- ' pealable in' the same manner as the original ac- Every part of a required yard shall be open to the sky, unobstructed except for. accessory buildings in a rear yard, and except for the ordinary projections of skylights, sills, belt courses, and other or1 LOTS OF RECORD Cancellation. 2 fea- into may project required yards or courts as ations. Expiration for (60) days. Certain architectural tures -- 0 include the entire floor area of the existing buijd-in- g in which it is conduct- ed at the time the use became A follows: 14-5- shall expire after sixty 15 EXCEPMODIFICA- The requirements and regulations specified in. this ordinance shall be subject to the following exceptions, modifications, and interpret- SECTION EXPIRATION OR CANCELLATION OF CERTIFICATES AND APPROVALS certificate, or unless an extension is granted by the issuing agencv prior to expiration, eacn certificate or approval issued as set forth herein and pursuant to which no construction is undertaken or work done, PROJEC- 0 A 5 use may be extended to YARDS TIONS use. required in the particular ! CHAPTER TIONS AND Certificate of Occupancy, eithef-fo- r the whole or part of a building, shall be applied for coincidentally with the application for a building permit, and shall be issued within ten (10) days after the erection or structural alteration of such building, or part of building, shall have been completed in with conformity the provisions of this ordinance. Inaction. Unless a longer time is specifically set forth at the time of issuance of the SECTION TIONS INTO REQUIRED ing. Oc- A 14-5- .SECTION FEES The fee for each certificate, permit, variance, approval, of review shall be as follows: No fee listed herein or part thereof shall be returnable in the event that the permit or approval applied for is denied. (4) of the required depth of the front yard on such other lot fronting the side street. time to time by motion of the Planning Commission or Board of Adjustment. No further public notice need be given in the case of continued public hear- - ciV031 No land sha11 be r occupied and no building hereinafter struc-trall- y altered or erected shall be used or changed in use, except for agricultural purposes, until a Certificate of Occupancy shall have been issued by the Zoning stating that the building or the proposed use thereof, or the use of the land, complies with the provisions! .o f this ordinance. A like certificate shall be issued for the purpose of maintaining, renewing, changing, or extending a below: ' Certificate of 3 PROCEDURES SECTION TION procedures specified in this ordinance have y been completed, and, All fees for documents and reviews, as listed ip Section have oeen paid to the City Recorder. SECTION ESSEN- 0 TIAL SERVICES Underground distribution and transmission systems shall be permitted in all dis- tricts without obtaining a Zoning Certificate. building or structure, which is damaged or partially destroyed by fire, flood, wind, earthquake, or other calamity or act of God or the public enemy, the extent of not more than one and one-ha(l2) times its accessed value at that time, may be destroyed and the occupancy or use of such building structure or part thereof which existed at the time of such partial destruction may be continued or lf resumed provided that such restoration is started within a period of one (1) year and is diligently prosecuted to completion. In the event such damage or destruction exceeds one and one-hatimes the accessed value of such (1) lf building or structure, no repairs or reconstruction shall be made, except in the case of residences or accessory farm buildings, unless every portion of such building or structure is made to conform to all regulations for new buildings in the zone in which it is located. Application for substitution or extension of use as a provided in this section shall be made and considered in the manner set for a forth in Section Conditional Use Permit. Cessation of Use 17-2- SECTION 16 USES SECTION PURPOSE USE OF PROVISIONS To control and gradually eliminate those uses of land 0 or buildings, which although legal at the time of their establishment, do not now conform to the use regulations of the district within which they are situated. Such uses shall be deemed uses. Likewise it is intended to control and gradually eliminate buildings which, although legal at the time of their erection, do not now conform to the height, bulk, and location regulations of the district within which they are situated. Such buildings shall be deemed to be buildings. CONTINUSECTION ING EXISTING USES 0 hereinafter as Except specified, any use, building, or structure, lawfully existing at the time of the enactment or subsequent amendment of this ordinance, may be continued, even though such use, building, of structure does not conform with the provisions of this ordinance for the district in which it is located. Except as otherwise provided by law, nothing in this ordinance shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by proper authority. SECTION TRUCTION 0 CONS- APPROVED PRIOR TO ORDINANCE A building, structure, or part thereof which does not conform to the regulations for the district in which it is situated, but for which a building permit was issued and construction started prior to the enactment of this ordinance, may be completed in accordance with such plans providing work is prosecuted continuously and without delay. Such building shall be deemed to be and shall be subject to the regulations set forth herein. SECTION 0 USES, SUBSTITUTION, EXTENSION, CONTINUANCE, ETC. DIS- 2 Defined. use shall be deemed to have ceased when it has been discontinued either A or temporarily permanently for a period of one (1) year or more, whether or not with the intent to abandon said use. Cessation of Use of Building Designed for Use. Except for residential or accessory farm structures, a building or structure which was originally designed for a use shall not be put to a use again when such use has ceased for one (1) year or more. Cessation of Use of Building Not Designed Use. for 2 building or structure which was not originally designed as a use shall not be put to a use again when such use ceased for, three, (3 ,, ' months or more. ',' f Cessation of Use , A hs 3 of Land. Use of A use of land not involving any building or structure (ex- cept minor structures such as fences, signs, and buildings less than four hundred (400) feet in area shall not be resumed when such use has ceased for three (3) months or more. CHAPTER USES SECTION 17 CONDITIONAL PURPOSE To allow the proper integration into Kaysville City of uses which may be suitable only in certain locations in the City, or only if such uses are designed or laid out on the site in a particular manner. 17-1- CONDISECTION TIONAL USE PERMIT 17-2- A Conditional Use Permit shall be required for all uses listed as conditional uses in the district regulations or elsewhere in this ordinance. A Conditional Use Permit may be revoked upon failure to comply with conditions precedent to the original approval of the permit. No use shall not be enlarged, extended, or changed unless the use is changed to a use permitted in the district in which it is located, and a nonconforming building shall not be reconstructed or structurally altered unless such alteration shall result in removing those conditions of the building which render it except as follows: conditional use shall be granted until after legal no- Substitution or or other drawings, documents sufficient to A 16-4- Extension. When authorized by the Board of Adjustment in accordance with this ordinance, a use which is determined to be of a more desirable nature may be substituted for another 2 use. Whenever a use has been changed to a conforming use, such use shall not thereafter be changed to a use. When authorized Board of Adjust- by the ment in accordance with this ordinance, a building devoted to a use may be completed upon the lot occupied by such building provided that such completion is necessary and incidental to the existing use of such building. Repairs and structural alterations may be made to a building provided that the floor area of such building is not increased. tice and Public hearing. Application. Application for a Conditional Use Permit shall be made by the property owner or certified agent thereof to the Planning Commission. Conditional Use Permit. The application shall be accompanied by maps, 17-2- shall not exempt the application from other relevant provisions of this or other ordinances of Kaysville City. Fee. The application for any Conditional Use Permit shall be accompanied by the appropriate fee as specified in Section of this ordinance. Public Hearing. When the foregoing provisions have been complied with, the Plan17-2- 0 17-2- ning Commission shall then cause the matter to be set for public hearing by their body, by at least one publication in a newspaper of general circulation in the City, at least fifteen days prior to such hearing, and give such other notice as required by law. SECTION DETER- 17-3- MINATION The Planning Commission may permit a conditional use to be located within any district in which the particular conditional use is permitted by the use regulations of this ordinance. In authorizing any conditional use, the Planning Commission shall impose such requirements and con- meet the requirements of a Chapter 20) for those conditional uses which require such a review, and sufficient to demonstrate that the general and specific requirements of this or- dinance will be met by the construction and operation of the proposed building, structure, or use. In considering an application for a Conditional Use Permit, the Planning Commission shall give due regard to the nature and condition of adjacent uses and structures. Such agency may deny a permit; may grant a permit as applied for; or may grant a permit subject to such requirements and conditions with respect to location, construction, maintenance, operation, and duration of the proposed use as it may deem necessary for the protection of adjacent properties and the public interest. The granting of a Conditional Use Permit Appropriate design, construction, and location of structures, buildings, and facilities in relation to any earthquake fault which may exist on the property, and limitations andor restrictions on the use andor location of uses due to special site conditions, including but not limited to geologically hazardous areas; flood fault plains; 0, special conditions or requirements aj may be the specified , in appropriate zone district ....chapter. APPEALS SECTION OF DECISION Any person shall have the right to appeal the decision of the Planning Commission to the City Council. 17-4- INSPECSECTION TION Following the issuance of a Conditional Use Permit by the 17-5- Planning Commission, the Zoning Administrator shall approve an application for a Building Permit and shall insure that development is undertaken and completed in compliance with said certificate and permit. SECTION TIME 0 LIMIT Unless the uses and conditions prescribed in a Conditional Use Permit are implemented within a maximum period of one (1) year of its issuance, the Conditional Use Permit shall expire. The Planning Commission may grant a maximum extension of six months under exceptional circumstances. SECTION TEM- 0 PORARY USES Conditional Use Permit for uses which are of a temporary nature only may be issued for the intended duration of the temporary use or for one (1) year, whichever period of time is shorter. The Planning Commission may grant extensions of six (6) A months each under ional circumstances. except- SECTION 0 OP- TIONAL CONDITIONS Applicants for conditional use permits shall meet all specific requirements made in this ordinance. In addition, the Planning Commission may establish conditions as outlined herein to meet the concerns of safety for persons and property, health and sanitation, environment, master plan proposals and neighborhood needs, performance, and administration. More specifically, the PlanCommission may ning require: Conditions Relating to Safety for Persons and Property. Building elevations and grading plans which will prevent or minimize flood water damage, where property may be subject to flooding. The relocation, covering or fencing of 1 ditches, irrigation drainage channels, and other potential attractive nuisances existing on or adjacent to the property. Increased setback distances from lot lines where the Planning i7-80- long-rang- e Specific short plans of development. CHAPTER 18 SPECIAL PROVISIONS APPLYING TO PARTICULAR USES SECTION 0 PROVISIONS The purpose of these special provisions is to avoid ambiguity by prescribing, in- sofar as possible, those conditions which will enable diverse land uses to be accommodated harmoniously within Kaysville City. Accessory Build- 1 ings. Any accessory building attached to the main building shall be made structurally a part of the main building and shall comply in all reswith the pects requirements of this ordinance applicable to the main building. Id 1012 Unless attached, an accessory building shall be subject to the regulations of the district in which it is located. Churches, Hospitals (except convalescent location, arrangement, and dimensions of truck and unloading loading facilities. Construction of the intended land use and a water delivery system meeting standards adopted by the City. 17-3- and landscaping of outdoor advertising signs and structures in relation to the creation of traffic hazards and appearance and harmony with adjacent development. Plans for the That the proposed use of the particular location is necessary or desirable to provide a service or facility which will contribute to the general well-bein- g of the community and the neighborhood; and 2 That such use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity; and That the proposed use will comply with regulations and conditions specified in this ordinance for such use; and That the proposed use will conform to the intent of the Kaysville City Comprehensive Plan. 5 Conditions imposed by the Planning Commission shall be based upon options described in or any Section 17-3- conditions. location, color, size, height, lighting, and curbs, gutters, drainage sidewalks, culverts, 17-3- engineer as necessary to assure compliance with all zones; landslide areas. Limitations and control of the number, ditions necessary for the protection of adjacent properties and the public welfare. The Planning Commission shall not authorize a Conditional Use Permit unless the evidence presented is such as to establish: 17-2- site plan review (see determines it to be necessary to insure the public safety and to insure compatibility with the intended characteristics of the district as outlined in this ordinance. Commission 2 hospitals) and other Religious or Charitable streets, fire hydrants, and street lighting. ing to Health and Sanita- Institutions. Churches, hospitals (except convalescent hospitals) and other religious or guarantee of sufficient water to serve located on a parcel of not 17-8- Conditions Relat- tion. charitable institutions in shall be any A less than one (1) acre, shall maintain a landscaped strip not less than four (4) feet in width or a solid fence or shrubbery not less than six (6) feet in height on all property lines abutting said and shall have side yard setbacks the same as required in abutting wastewater disposal system and a A solid waste disposal system meeting standards adopted by the City Council. Construction of water mains, sewer mains, and drainage facilities serving the proposed use, in sizes necessary to protect existing utility users in the district and to provide for an orderly development of land in Site dinance. Clubs, Community Buildings, Social Halls, Lodges and Fraternal in Kaysville. Conditions Relating to Environmental Concerns. Limitations and or restrictions on the use andor location of uses in sensitive areas due to soils capabilities, wildlife, and plant life. Processes for the All buildings shall be a minimum of ten (10) feet from the side lot lines and twenty-fiv- e (25) feet from the rear lot line. There shall be no external evidence of any incidental commercial activities nor access to any space used for such activity other than from within the building. Any such use must be able to provide 3 control, elimination, or prevention of land, water, or air pollution; the prevention of soil erosion; and the control of objectionable odors and noise. The planting of ground cover or other facing to prevent dust and erosion. Restructuring of the land and planting of the same as directed by the Planning Commission when the conditional use involves cutting andor filling the land and where such land would be adversely affected if not restructured. Conditions Relating to Compliance With Intent of Comprehensive Plan and Characteristics of Vicinity (or neighborhood). The removal of structures, debris, or plant 17-8- materials, incompatible intended with the characteristics of the district outlined in this Ordinance. The screening of yards or other areas as protection from obnoxious land uses and activities. Landscaping to insure compatibility with the intended characteristics of the district as outlined in this Ordinance. Limitations or controls on the location, height, and. materials of walls, fences, hedges, and screen plantings to insure harmony with adjacent development, or to conceal storage areas, utility installations, or other unsightly development. The relocation of proposed or existing structures as necessary to provide for future streets on the master street plan of Kaysville, adequate sight distances for general safety, groundwater control, or similar problems. Provision for or construction of recreational facilities necessary to satisfy needs of the conditional use. Population density and intensity of land use limitations where land capability andor vicinity relationships make it appropriate to do so to protect health, safety, and welfare. Other improvements which serve the property in question and which may compensate in part or in whole for possible adverse impacts to the district from the proposed conditional use. Conditions Relating to Performance. A bond or other 5 valuable assurance in favor of the City of Itays-vill- e in an amount to be determined by the City Council. The amount of said bond or other valuable assurance shall not exceed the amount calculated by the developers engineer and approved by the local plan approval shall be required with in' accordance Chapter 20 of this Or- access without causing heavy traffic on local - residential streets. Hospitals. An off-stre- loading area for an am- bulance shall be provided and shall be screened from the street and from neighboring properties. If an incinerator is provided,- - it shall be located on the rear one-haof the property and the stack shall not be closer than thirty (30) feet to any neighboring 2 lf dwelling. The effluent from such stack shall comply with the Utah State Code relating to air pollution. Dwelling Groups. A Building Permit for the erection of a dwelling group may be issued subject to Site Plan and Architectural approval, Chapter 20 of this ordinance, provided such dwelling group conforms to all the following conditions and requirements: The area of the lot on which the dwelling group is to be erected shall be at least equal to the aggregate of the lot areas otherwise required for the individual dwellings in the 1 group. 181052 No building in a dwelling group shall be closer to any lot line than the front, side or rear yard distances otherwise required in the district in which it is located. When the buildings in a dwelling group are arranged in a row, side by side, the distance between buildings shall be not less than two (2) times the side yard requirement of the district. When the buildings in a dwelling group face a side lot line, the side yard between the front of the building and said lot line shall not be less than thirty (30) feet. When the buildings in a dwelling group are arranged in a row, front to back, the distance between buildings shall be not less than two (2) times front the yard requirements of the district. 181053 Every dwelling in the dwelling group shall have an entrance within sixty (60) feet of an access roadway or drive, and within two hundred (200) feet, measured along the route of vehicular access, of a public street. Except as modified in this Section, such dwelling group shall to . all the conform requirements of this ordinance for the district in which it is to be located. 181055 The width of the lot on which the dwelling group is to be erected shall be at least eighty (80) feet. The roadway or drive shall |