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Show "V VT" DAVIS NEWS JOURNAL, WEEKLY REFLEX tabfishmeots (including the Uses may apply to any zone promoting scale, character, and use of the . " district within the City where automobile service station, automotive repair, dry Kaysville Central Business allowed as a conditional use. District. The regulations are ; Regulations contained herein intended to allow those uses do not change regulations of that will be appropriate and the existing zone districts (as compatible with a pedestrian-in Chapters 4 contained oriented retail commer10), buta are esthrough cial center. tablished in addition. All uses I SECTION 19200 SITE allowed by this chapter shall IPLAN REVIEW be conditional uses and ' A site plan shall be submitreview and approval shall ted for all permitted and confollow procedures established ditional uses listed below by Chapter 17, Conditional (consult Chapter 20). Uses. cleaning, and laundry). 5 Fast Restaurants and Food Services, including ice cream and confectionary. Reception Centers. 9307 Mortuaries. 9308 Veterinary Offices and Hospitals. 9309 Civic Buildings. 9310 Theatres (indoor) with Amusements. 9311 Uses determined by the Planning Commission to be similar and compatible. SECTION 19300 PERMITTED USES SORY USES 9401 Accessory uses and in- cidental and customarily appurtenant to a permitted use subject to the requirements of Section 19101. SECTION 9500 CONDITIONAL USES Conditions for approval shall be determined by the Planning Commission by reference to Chapter 17. Commercial recreation, limited to indoor swimming, judo, table to the Planning Commission establishing demand for a proposed ; new facility, or expansion of an existing facility, shall be prepared by an individual or firm demonstrably qualified by education or experience to pioduce Such analysis. lf indus-trialresear- . (i.e., barber, and small cidental to sales). The outside storage of such equipment is not permitted. 19602 The design of off-stre- et The following minimum requirements shall be observed except where increasing for conditional uses. 9801 The minimum . idih of any lot for a main residential building shall be sixty-fou- r (64) feet at the distance thirty (30) feet back from the front lot line of a dedicated street. 9802 The setback (front yard) for any residential building shall be at least thirty (30) feet. 9803 Other main buildings shall have a side yard of not less than twenty (20) feet and the total width of the two (2) required side yards shall be not less than forty (40) feet. 9 804 Accessory build- ings shall be located not closer than fifteen (15) feet to a dwelling on adjacent property and not closer than three (3) feet to the adjacent property line. 9805 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. 9806 There are no lot setback requirements for commer- cial uses except that where lot in a GC District abuts lot in a residential dis- a a shall be provided a rear and side yard within the commercial lot of at least twenty (20) feet. The Planning Commission may require a or fenced landscaped buffer in a yard space. 9807 For residentiaL developments the lot area shall be not less than eight thousand (8, 000). square feet for any main building. For each additional dwelling uniabove two (2) dwelling units, there shall be an increase in minimum lot area of two thousand (2,000) square - 4 1, The following provisions shall apply generally to all permitted or conditional uses in the Central Commercial District. home equipment (i.e., TV, radio, repair facilities in- 10,000 - 3 Plex, 12,000 Plex, H000 5 Plex, etc. CHAPTER 10 CC CENTRAL COMMERCIAL DISTRICT SECTION 19 100 PURPOSE The Central Commercial Zone is established for the purpose of retaining and parking facilities . clearly all existing and proposed vehicular and pedestrian paths. 19603 Within the CC District, parking requirements may be waived, by special approval of the Planning Commission, to allow off-stre- et se space that is within six hundred (600) feet of the site. 19604 A market analysis utilizing techniques acceptable to the Planning Commission establishing demand for a proposed new facility, or expansion of an existing facility, shall be prepared by an individual or firm demonstrably qualified by education or experience to produce such analysis. SECTION 19700 HEIGHT REGULATIONS 19701 No building shall exceed thirty-fiv- e (35) feet in height, except as pursuant to Section 19500. 19702 No building shall be less than ten (10) feet in height. public-street- s, adequately maintained. Yard and outside building lights shall be directed away from neighboring properites. YARD REQUIREMENTS 19801 None, except et parking shall comply with requirements of Chapter 19 and be located preferably at the rear of the main building, or where it will be least visible from abutting properites and public streets. -- Architectural regulations of Chapter 21. No use shall be served by vehicles larger than a van or pickup truck, and no more than three deliveries in a period. No truck delivery shall take place between the hours of 10 p.m. to 7 a.m. Districts. The following uses are allowed as a conditional use in the GC and CC Commercial Zone Districts: A planned industrial park which will accommodate two (2) or establishments jtnore whose land uses are listed in Sections through and which shall comply with all regulatSection Uses allowed in Section 1. Manufacturing, processing, assembling, or packaging of articles or merchandise of the following products: Automotive, including tires and batteries Beve.rages, except alcoholic beverages Food, not including fish, meat, sauerkraut, vinegar, or yeast Musical instruments Pharmaceuticals Wearing apparel that 11 LIGHT USE PURPOSE Light Industry Research Use is provided for in Kays-viil- e in order to allowdesira-bl- e industrial uses and industrial parks to occur within the City in appropriate locations and in a manner that will assure complete compatibility with the environment, abutting land uses, and existing traffic facilities. SCOPE SECTION SECTION 11-2- AND APPLICATION Light Industry Research Manufacturing, compounding, or treat-- 1 or merchandise from the prepared following ment of articles materials: Fabrics, textiles, or leather Fur, hair, or feathers Pain, paper, plastics, and rubber Photographic film Precious or semi- No INDUS- The purpose of the industrial park is to provide for a park-lik- e healthful operating environment for industry, for the protection of industry from the encroachment of uses adverse to the operation and expansion of such industry, and to protect industries within the district from the adverse effect of other incompatible indus- referred to as or elements. ' Administrator shall tries. These regulations are intended also to reduce the impact of industries on traffic congestion; to protect the health and safety of the residents or workers in the area and within the city in general. other Development Each - , application requirements for a conditional use permit, parties seeking a conditional use permit for a light indus-- , try research use district shall include in the application a description of the proposed machinery, products, and processes to be located at the development. If, in its opinion, the proposed use may cause the emission of dangerous or objectionable Section Such 3. a lot with rail siding shall be five (5) acres. copy of such report shall be promptly furnished to the applicant. The cost of such expert report shall be borne by the applicant. Ruling by Planning Commission. Within twenty (20) days after the Commission has promptly as possible. Each lot shall approved private street site. The Planning Commission may approve a lesser frontage for lots on a or other unusual condition. No lot shall face directly on to any public street or highway that abuts the industrial park site. Not more than thirty-fiv- e (35) percent of the area of a lot may be covered by buildings, including accessory build- or parking shall also include space for visitors of at specifica: ties or temporary construction work) shall be permitted which is without instruments at the points of Continued Subsection des-cernib- tions, device or operation, and shall so inform the Building Inspector. cement. The Zoning Administrator shall investigate any purported violation of performance standards; and, if necessary for such investigation, may request that the Planning Com- mission employ qualified experts. If, after public hearing and due' notice, the Planning Commission finds that a violation has existed or does exist, it shall order the Zoning Ad horses or at least (2) acre, two one cow; or two sheep or goats or fifty fowl, rabbits, chinchilla, nutria, or equivalent combinations of these kinds of animals, on each additional quarter acre, one horse or one cow, two sheep or goats, twenty fowl, rabbits, chinchilla, nutria, or equivalent combinations of these kinds of animals; or, 15202 On lots of at one one acre, hog . shall be allowed (and one per acre for each additional acre) provided that the pen is located at least . . 200 feet from all dwellings on abutting lots. least SECTION AND STRUCTURE 12-3- YARD RtGUA-TION- No emission of odorous gases or other odorous ' matter shall be permitted in such quantities as to be readily detectable when diluted in the ratio of one volume of odorous air to four volumes of clean air of at the points measurement specified in Subsection 1 or at the point of greatest concen-- , tration. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system, so that control will be maintained if the primary safeguard system should fail. Glare. No direct or glare, whether from lights or from high temperature processes such as combustion or flood . welding or otherwise, shall be permitted to be visible at of the points measurement specified in Subsection This restriction shall not apply to signs or lighting or buildings or grounds for advertising or protection S' 15301 Barns, coops, stables, and other structures for the care and keeping of livestock and poultry be permitted in all districts where livestock and poultry are permitted, provided that all such structures are located at least one hundred (100) feet from the nearest building predominantly used or occupied by humans on adjacent lots. In no case shall animal-relate- d buildings or uses except the pasturing of horses or cows be allowed in a front yard from any dwelling on the lot. 2 show Applicant shall that odor, dust, noise, or drainage will be so controlled as to not constitute a nuisance or hazard to adjoining property or uses. SECTION 12-4- OTHER REQUIREMENTS In zoning districts where farm animals are allowed as a conditional use to provisions of this chapter shall be the minimum requirements. The Planning Commission may add additional conditions as provided in Chapter 17. 5. Odors. Continued Enfor- ; lf measurement specified in Compliance. Any Zoning Certificate so authorized and issued shall evidence only that reasonable measures are being taken. It shall not relieve the applicant of the responsibility of meeting such standards when the plant is actually in operation; and, in case of a failure to perform in accordance with the standards, whatever additional devices or modifications in process shall be necessary to achieve full compliance with the standards shall be the sole responsibility of the applicant. decorative plazas, fountains. Landscaping shall Parking FHWA-RD-77-1- Use Permit or may require a modification of the proposed plans, construction use shall emit or cause or permit the emission of sound of an impulsive nature from a stationary source such that it results in an impulsive sound level at a point of measurement in excess of 80 dBA or in a one hour equivalent level (L eq) exceeding that one hour equivalent level (L eq) caused by ground transportation as estimated for that point of measurement and that time of day, pursuant to or equivalent method. Vibration. No vibration (other than from transportation facili- Conditional Landscaping Requirements. In addition to any appropriate requirements of Chapter 20, the following additional regulations shall apply to industrial parks. No the Commission may authorize or refuse to authorize issuance of a may include, but not be limited to, planting of grass, shrubs, or trees, uses. precedence. standards. On such basis, cessory building shall be located within fifty (50) feet of the boundary of a residential zone. No lot shall face directly onto an abutting public street or highway. Landscaping Each lot shall be landscaped in accordance with a site plan as presented for site plan review (see Chapter 20) and as approved by the Planning Commission. No less than ten (10) percent of the lot area shall be landscaped. buildings and parking areas from abutting land case both where paragraphs apply, then b. takes paragraph applicable performance ac- be used to the extent possible to screen visually all A within such period as zone. one-ha- Tonal repetitive impulse nature so that a steady reading is obtained using the slow response setting on the sound level meter, then 10 dBA shall be added to the measured value to allow for the increased subjec- -' tive response to the sound. An adjustment may be made under only one of the paragraphs a. and b. In a agreed to by the applicant, the Commission shall determine whether reasonable measures are being employed to assure compliance with the No parking lot, loading or maneuvering shall be located within one hundred (100) feet of the boundary of a residential and sound. b. Quasi-Stead- y Impulsive Sound. Where the sound is of a received the aforesaid ings. 15201 On lots of measurement to the measured sound level to allow for increased subjective response to the application or report, if a report was required, or cul-de-s- follows: modulation, 5 dBA shall be added con- sultant shall report as district (not including suckling offspring) is as other amplitude applicable performance standards specified in public convenience and service. Minimum area for No main poral Commission may refer the application for investigation and report to one or more expert consultants qualified to advise as to whether a proposed use will conform to the main lf Characteristics of Sound. If the sound has a pronounced audible tonal quality such as a whine, screech, buzz, or hum, or if the sound has an audible cyclic variation in sound level such as beating or elements, the Planning building shall be located on a lot having an area of at least one (1) acre, with the exception of public utility buildings and structures necessary for The minimum residential lot size for the keeping of farm animals within any zone district shall be one-ha(2) acre. The maximum Hind and number of animals that may be kept on a lot in any zone procedure shall be compatible with that according to ANSI SI. 15 1971, with the following adjustments: 1. Adjustment for Tem- Standards Review. In addition to meeting ANIMAL 12-2- 13 BOARD OF ADJUSTMENT AND AP- CHAPTER PEALS 0 CREASECTION TION OF BOARD OF ADJUSTMENT, POWERS AND DUTIES 15101 A Board of Adjustment is hereby created, which shall be appointed and organized in accordance with Utah State Statutes, Annotated, 6 Section through 10-9- 199& 15102 Appeals to Board. Appeals to Board may be taken by any person aggrieved or by an officer, department, board, or bureau of the City in accordance with Section 15200 of this ordinance and Sections 1999 through 19911 of Utah State Statutes. 15103 Powers of Board. The Board of Adjustment shall have the following powers: 151031 To hear and decide appeals where it is alleged that there is error in any order, requirement, decision, or determination made by the administra Kaysville previous variance can FARM 4) SECTION ALLOWANCE FHWA-RD-77-10- 8. Performance surrounding land uses; to lessen R-- 3, substantially the Comprehensive Plan, or the zoning ordinance. 151042 That a hardship peculiar to the property and not created by any act of the owner exists. In this context, personal, family, or financial difficulties, loss of prospective profits, and neighboring violations are not hardships, justifying a variance. Further, a sub- animals may be kept within the City of Kaysville in R-- l, Residential Zones (R-R-in a manner that will protect the public health and minimize the potential for nuisance. R-- 2, not violate never set a precedent, for each case must be considered only on its in- standards by which farm Highway the will 0 Traffic Noise Prediction Model, or by other techniques at least as accurate as those set out in The sound level measuring instrumentation shall conform with ANSI SI. Type l,and firm that the Environmen-- , tal Health Services Section, of the State Health Division is informed of all applicants for conditional use permits for uses authorized by this chapter. found: 15 1041 That the variance ANIMALS PURPOSE SECTION This chapter establishes the measurement and that ' the 12 CHAPTER time of day, pursuant to con- ment shall grant a variance only when the following conditions are sequent Wastewater Disposal Regulations, or the Utah Code of Solid Waste Disposal Regulations. lot line of the establishment or use exceeds by 6dBA or more the one hour equivalent sould level (L eq) caused by ground transportation as estimated for that point of State Agency No tification. The Kaysville Zoning served and substantial private sewage system, or stream, or into the ground shall be allowed contrary to the Utah State Water Pollution Control Act, its amendments, hardship, justice done. 15104 Variance. The Board of Adjust- Air Pollution. No discharge at any point into a public sewer, Dangerous and FH . and provided, that the spiritob-of the ordinance shall be . level (L eq.) of resultant sound measurement at the dangerous unnecessary Air Conservation Act, its amendments, or resulting regulations. Liquid or Solid Wastes. ' Noise. objectionable or,' cement of the provisions of the ordinance will result in ' violation of the Utah State use shall emit or cause the emission of sound from a stationary source such that the one hour equivalent sound affect adversely the surrounding area or adjoining premises. The foregoing are hereinafter y hear - where owing to special conditions a literal enfor- emitted into the air in No element in such a- - manner or in such an amount as to Purpose Requirements The minimum land area required for development of an industrial park within the provisions of this section is twenty (20) acres. The development shall be in single or corporate ownership at the time of application or the subject of an application filed jointly by all owners of the property. 11-5- dinance. 151032 To upon appeal such variance from the terms of the ordinance as will not be contrary to the public interest, No particulate or gaseous pollutants shall be Objectionable Elements. other hazard; noise or vibration, smoke, dust, odor, or other form of air pollution; heat, cold, dampness, glare, electrical, or .other disturbance; liquid or solid refuse or. waste; or other substance, condition, or shall point. having to do with noise, vibration, odors, or glare, shall be taken at the lot line of the establishment or use. land or building f and explosion adequate fire fighting and fire supression equipment and devices standard in the industry. Burning of waste materials in open fires is prohibited at any that the measurements devoted to uses authorized by this chapter shall be used or occupied in any manner so as to create dangerous, injurious, noxious, or otherwise objectionable fire, explosive, or TRIAL PARKS 11-4- industrys past 11-5- Fire against the hazard of fire ' and point; provided, however, uncon- - adequate safety devices , objectionable elements shall be made at any trolled operation. General. et Off-stre- et precious metals or stones of 5 V v and en- Explosion Hazards. All activities involving, and all storage of flamma- Locations Where Determinations are to be Made for Enforcement of Performance Standards. The determination of the existence of dangerous and levels of frequently-hazar-dou- s or annoying emissions; and to protect any industry from arbitrary exclusion or persecution ' on the based solely characteristics of that type comply with regulations of Chapter 21. 11-4- '11-503- City. the maximum tolerated design and exterior finish that is compatible with the surrounding environment is preferred. SECTION and hazards nuisances; to set objective, quantitative standards for Chapter Signs Purpose. The following performance standards are intended to ensure that all industries will provide necessary modern control methods to protect the City from Architectural 11-4- Bone Cork . such landscaping shall be adequately maintained. Yard and outside building lights shall be directed away from neighboring properties. of " taken to correct the conditions which cause the violation. The services of any qualified experts, employed by the Planning Commission to advise in establishing a violation, shall be paid by the violator if said violation is es- -' tablished, otherwise by the 11-5- assure visual buffering from public streets, and requirements 'dinance. until proper steps are STANDARDS 3, within the industrial park Identification signs shall comply with 11-5- The following special conditions shall be applied to the approval of uses allowed in Section above; such conditions are to be considered in addition to those applied by the Planning Commission as authorized by Chapter 17. The lot shall be thoroughly landscaped to will be preferred. residential environment INDUSSECTION TRIAL PERFORMANCE Condi- Required tions. have a minimum frontage of 150 feet on a public or compounding, where a lot within the CC District abuts a lot in a residential district, there shall be provided a side or rear yard of not less than ten (10) feet between the line of the zone and any building. On a corner lot, the sideyard that faces the street shall be no less than ten (10) feet. trucking depots. Warehouse and storage centers. Uses judged by the Planning Commission to be similar and compatible with the purposes of this ordinance. design and exterior finish that is compatible with a ions of SECTION 19800 AREA, LOT COVERAGE, AND CHAPTER assure visual buffering from residences and and such landscaping shall be Off-stre- shall assure compatibility of vehicular and pedestrian circulation. Site plan drawings prepared for site plan review shall illustrate Condi- Required The following special conditions shall be applied to the approval of uses allowed in Section above; such conditions are to be considered in addition to those applied by the Planning Commission as authorized by Chapter 17. The use shall occupy a building lot of at acre. least one-haThe use shall be located at least 500 feet from another use. Main structures and accessory buildings shall comply with all yard requirements established for the zone district in which the lot exists. The lot shall be thoroughly landscaped to Liquor Railroad yards, stations, and 19. tions. SECTION 19600 SPECIAL; PROVISIONS appliances freight provision of this . , tive official in the forcement of this the- or-- v ble and ; explosive materials shall be provided at any point with threaten the public health, convenience, or welfare, the Planning Commission may order the offending plant to cease operation off-stre- et truments, devices, small objects, and handicrafts Jewelry, art objects, and handicrafts Medical and dental instruments Pens, pencils, and artists materials Scientific instruments Small heavy and light metal products Sporting and athletic 11-3- 19506 Shopping Centers. services employed. otherwise permitted by , down. Should the violation of performance standards be sufficient. Consult Section 19300 for loading requirements. &" ti vW ; 1 , Resident quarters for a watchman or the same premises on which the watchman is Off-stre- ordinance. beauty shop), or repair of SECTION 9800 AREA, LOT COVERAGE, AND YARD REQUIREMENTS feet: or 19601 Retail stores, shops, and services shall be limited to those uses that are appropriate and compatible with a shopping center environment. Services shall be personal , 'C pw? -- parking shall comply with Use judged by the Planning Commission to be similar and compatible with the purpose of this tions. State Kennels. Junk yards. Electrical appliances and electronic ins goods Wearing apparel 19503 Light Industry Research Uses. (Consult Chapter 11.) 19504 Social Halls, lodges, fraternal organiza- height. . Ceramics 19502 Motels or Hotels. 19505 Stores. equipment tographic discotheques. to Section 9500. 9702 No building shall be less than ten (10) feet in ' articles or merchandise of the following products: Cameras and pho of m 19501 Bars, taverhs, processing, assembling, or packaging Conditions for approval shall be determined by the Planning Commission by reference to Chapter 17. 9701 No building shall exceed thirty-fiv- e (35) feet in height, except pursuant trict, there compounding., SECTION 19500 CONDI- SECTION 9700 HEIGHT or Manufacturing,' TIONAL USES REGULATIONS size substations and offices. (Consult also Section 19115) Utility Section 19101. SECTION 9600 SPECIAL PROVISION 9601 A market analysis utilizing techniques accep- laboratories. 19401 Accessory uses and structures considered incidental and customary to a permitted use subject to the requirements of me R-- 2, R-- Experimental research and testing SORY USES suit Chapter II.) 9506Theatres (outdoor). 9507 Bars, Taverns, or Discotheques. 9508 Buildings of a height greater than three (3) stories. 9509 ..Mobile-HoParks or Travel Trailer Parks (subject to the conditions of Chapter 22). . 9510 Shopping Centers. The following condition may be required for approval of uses listed in Section 9500; such conditions shall be in addition to those authorized by Chapter 17. R-- l, and shall be established on individual building lots: R-- 3, SECTION 1940Q ACCES- Light industry research uses. (Con-- : " ' ministrator to serve notice least one space for each .' ten (10) employees. The 'A ' that compliance with the. performance standards.' Planning Commission may authorize fewer visitor ' . must be achieved within a specified period of time or parking spaces if it finds the plant will be shut that a fewer number will , mills i 11-3- are allowed as a conditional use in residential zone districts (R-- provisions of Chapter 19. exercise gym, game room subject to licensing requirement of the City Council, weight lifting, sauna room, and indoor tennis. 9503 Motels or Hotels. 9504 Plant Nurseries or Greenhouses. Dis- The following uses parking areas providing parking for a fee, consistent with the short-ter- Residential 11-3- Wood, excluding planing - tricts. with accessory amusements. 19307 Garages and 9501 Multiple dwellings. CONDI- 11-3- 19305 Civic Buildings. 19306 Theatres (indoor) 9502 ' SECTION TIONAL USES 19301 Offices, business, professional, and government. 19302 Financial Institutions. Retail 19303 Stores, Shops, or Services (not including automobile ser- vice station or automotive repair). 19304 Restaurants, confectionaries, and fast food services (outside service to automobiles is not permitted). SECTION 9400 ACCES- structures considered JULY 28, 1979 c , dividual merits. 151043 That because of the above special circumstances, property covered by the application is deprived of privileges posv sessed by other properties v in the same zone, 15 1044 That the granting of the variance is essential to the enjoyment of a sub- stantial property right other by possessed property in the same zone. 151045 That, in exercising the above powers, the Board may, in conformity with the provisions of the law, reverse or affirm, wholly or partly, or may the order, modify requirement, decision, or determination appealed from and may make such determination as ought to be made, and to that end shall have all the powers of the office from whom the appeal is taken. SECTION 15200 APPEALS The purpose of the appeal procedure is to provide recourse in the event it is alleged that there is error in any order, requirement, certificate, decision, or determination made by an administrative official or advisory body in the administration or enforcement of this ordinance. 15201 Appeals to the Board of Adjustment may be taken by any person aggrieved or by any officer, department, board, or bureau of the City affected by any decision of the administrative officer or agency. 15202 Such appeal shall be taken within seven (7) days from the date of the action appealed from by filing with the officer from whom the appeal is taken and with, the Board of Adjustment a notice of appeal specifying the ground thereof. 15203 The officer from whom the appeal is taken shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken. Any appellant may be required to verify an appeal before a notary 13-2- public or other person authorize to administer oaths. 15205 An appeal shall stay all proceedings in furtherance of the action appealed from, unless the officer from whom appeal is taken shall certify that a stay would, in his opinion, cause imminent peril to life and property. 15206 A public hearing shall be held by the Board of Adjustment thirty (30) days from date of application. 15207 Notice of the time, place, and purpose of the hearing shall be given by publication of notice of hearing in a newspaper of general circulation in the City not less than fifteen (15) days prior to date of. hearing, and slfall be given to the parties in interest. Failure of owners - to receive notice of hearing shall in no wav affect the validity of action taken. 15208 The Board of Adshall- - find justment whether, in its opinion, error was made. . 15209 The Board of Ad justment may within the terms of this ordinance affirm, reverse, or modify the action appealed as it seems just and equitable and exercise all rights of any other officer or commission. : 15210 The City or any person aggrieved by any decision of the Board of Adjustment may have and maintain a plenary action for relief therefrom in any court of competent jurisdiction; provided petition for such relief is presented to the court within thirty |