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Show ZONING ORDINANCE ORDINANCE NO. 14 An Ordinance establishing zones within Payson City; regulating and restricting within said zanes the use, locations height, and si2 e of bu.ldirgs and structures, the use of land, the size of Lts, yards, ard other open spaces; providing methods of and enfoitencnt. rg a Baard of Adjustment and admin-rtratic- n defining its pou'ers and dut.es; providing penalties for the violation tier, f; repealing the zoning ordinance of Payson City, Utah, which was passed by the City Council of Payson City, on the 16 day of Jan. A. D., 1961, and all subsequent amendments to said ordinance; and repealing all other ordinances and parts of ordinances in conflict herewith and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF PAYSON CITY, UTAH: That an ordinance entitled the "ZONING ORDINANCE be and the same ordinance shall read as follows: is hereby adopted. Said Chapter 1 GENERAL PROVISIONS Short Title. This ordinance shall be known as the "ZONING ORDINANCE OF PAYSON CITY, UTAH, and may be so cited 1. and pleaded. Purpose. This ordinance is designed and enacted for the purpose of promoting the health, safety, morals, convenience, and general welfare of the present and future inhabitants of Payson City, and, a. To encourage and facilitate the orderly growth and development of city and lessen cangestion in the streets. Tc. secure economy in municipal expenditures and ilitate adequate' provisions for transportation, water, sewerage, schools, parks, and other public requirements. c. To foster a wholesome social environment and to secure safety from fire, panic and other dangers. d. To prevent the overcrowding of land. e. To stabilize and improve property values. f. To encourage the development of a more serviceable ' and attractive city. fac- b. - Interpretation Intent. In interprteing and applying the previsions 3. of this ordinance the requirements contained herein are declared to be the minimum requirements for the purposes set forth. It is the intent of the City Council of Payson City that fthe regulations and restrictions as set forth in this' ordinance shall be so interpreted and construed as to further the purposes of this ordinance and the objectives and characteristics of the respective zones. 4. Conflict. This ordinance shall not nullify the more restrictive pro- visions of covenants, agreements, other ordinances, or laws but shall prevail notwithstanding such provisions which are less restrictive. - 5. Definitions. For the purpose of this ordinance certain words and terms are defined as follows: (Words used in the present tense include the future. Words in the singular number include the plural and the plural the singular. Words not included herein but defined in the Building Code shall be construed as defined therein.) 1. The tilling of the soil, the raising of Agriculture crops, horticulture, and gardening, but not including the keeping or raising of domestic animals or fowls and not including plants, any agricultural industry or business such as fur farms, animal hospitals, farm equipment sales, or similar fruit-packin- g uses. 2. Alley A public thoroughfare less 'than twenty (20) feet in width. ' Apartment House A building arranged, intended, or designed to be occupied by more than four (4) families living independently of each other and having separate cooking facili3. ties. A story partly underground. A basement counted as a story for the purpose of height measureshall or more above grade. if its ment height is one-haA 5; Boarding House building containing not more than one kitchen, where for compensation, meals are provided for at least three (3) persons. 6. Building Any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals, or chattels. A detached, subordinate build7. Building, Accessory j ing clearly incidental to and located upon the same lot occupied by the main building. 8. Building. Height of The vertical distance from the grade to the square of the building. 9. Building, Main The principal building or one of the principal buildings upon a. lot, or the building or one of the 4. be Basement lf :. , . - purposes, except hotels, tourist courts, boarding and lodging houses.- A building arranged or one family (with not more than two designed to be occupied by roomers or lodgers), the structure having only one dwelling ' ' 13. Dwelling, Single-famil- y unit. A building arranged or de- signed to be occupied by two families, the structure having only two dwelling units. A building arranged or de15, Dwelling, Three-famisigned to be occupied .by three families, the structure having only three dwelling units. . A building arranged or dey 16. Dwelling. signed to be occupied by four families, the structure having only four dwelling units. 17. Dwelling, Multiple A building arranged or designed to be occupied by more than four families; apartment house. 18. Dwelling Group Two or more buildings used for dwelling purposes located on one lot. 14. Dwelling. mendations shall be submitted to the City Council for its consideration within thirty (30) days. For the purpose of establishing and maintaining sound, stable and desirable development within the city, it is declared to be public policy that amendments shall not be made to the Zoning Ordinance and map except to promote more fully the objectives and purposes of this ordinance or to correct manifest errors. Any person seeking an aJmendmcnt of the Zoning Odrinar.ee or map shall submit a written petition designating the changd desired, the reasons therefor, and wherein the proposed amendment would further promote the objectives and purposes of the Zoning Ordinance, to the Payson City Recorder, together with a fee of Twenty-fiv- e ($25.00) Dollars. The City Recorder shall in turn transmit the petition to the Planning Commission. Upon the receipt of the petition the Planning Commission shall consider the request. The Planning Commission may call a public hearing before submitting recommendations to the City Council. Before recommending an amendment to the ordinance, it must be shown that such amendment is reasonably necessary, is in the interest of the public, and is in harmony with the objectives and purposes of this ordinance. Failure on the part of the Planning Commission to make recommendations within thirty (30) days shall be deemed to constitute approval of such proposed amendment unless a longer period is granted by the Cty Couscil. The fee provided herein shall not be returnable. Zoning of Annexed Territory. All territory annexed to the city after the effective date of this ordinance shall be temporarily classified in the R-- 2 Zone until the City Council shall have zoned the annexed territory as provided in this chapter. Notice; Hearing and Publication of Notice Before Amendments. Amendments to this ordinance shall be adopted only after a public hearing in relation thereto before the City Council in which parties in interest and citizens shall have ap opportunity to be heard. A notice of the time and place of! such hearing shall be published in a newspaper of general circulation within the city at least fifteen (15) days before the date of the hearing. Licensing to conform with Zoning Ordinance. All departments, officials, and public employees of Payson City which are vested with the duty or authority to issue permits and licenses shall conform to the provisions of this ordinance and shall issue no permit or license for use, building, or purpose where the same would be in conflict with the provisions of this ordinance, and any such permit or license, if issued in conflict with the provisions of this ordinance, shall be null and void. Two-famil- y ly Four-famil- 7. ; 8. 9. - a 42. Width of Lot, Frontage The distrance between th eside lots lines at the distance back from the front lot line required for the depth of the front yard. 44. Yard A space on a lot other than a court, unoccupied-and unobstructed from the ground upward by buildings except as otherwise provided herein. 45. Yard, Front A space on the same lot with a building between the front line of the building and the front lot line or street line and extending across the full width of the lot. The depth of the front yard is the minimum distance between the front lot line and the front line of the building. 46. Yard, Rear A space on the same lot with the buildbetween the rear line of the building and the rear lot line ing and extending the full width of the lot. The depth of the rear yard is the minimum distance between the rear lot line and the rear line of the building. 47. Yard, Side A space on the same lot with the buildbetween the side line of the building and the side lot line and ing extending from the front yard to the rear yard. The width of the side yard shall be the minimum distance between the side lot line and the side line of the building. Effect of Chapter. The regulations herein set forth in this chapter qualify or supplement, as the case may be, the zone regulations appearing elsewhere in this ordinance. Yard Space for One Building Only. No required yard or other open space around an existing building, or hereafter provided around any building, for the purpose of complying with the provisions of this ordinance shall be considered as providing a yard or open space for any other building; nor shall any yard or other required open space on an adjoining lot be considered as providing the yard or open space on the lot whereon a building is to be erected or established. Every Dwelling to be on a Lot'. Every dwelling shall be located and maintained on a lot as defined in this ordinance, except for group dwellings as herein provided. Sale or Lease of Required Space. No space needed to meet the width, yard, area, coverage, parking, or other requirements of this ordinance for a lot or building may be sold or leased apart from such lot or building unless other space so complying is provided. Yard to be Unobstructed; Exceptions. Every part of a required yard shall be open to the sky, unobstructed except for accessory buildings in a rear yard, and fer the ordinary projections of skylights, sills, belt courses, and cornices, provided such skylights, sills, belt courses, and cornices do not project more than three (3) feet beyond the building fire escapes, fireproof outside wall, and open or stairways, and balconies upon fire towers do not project into a yard more than five (5) feet. Additional Height Allowed. Public or utility buildings when authorized in a zone may be erected to a height not exceeding forty (40) feet if the building is set back from any public street at least one feet for each additional foot of building height above the maximum height required for the zone in which the building is erected. Minimum Height of Main Buildings. No dwelling shall be erected to a height less than eight (8) feet above grade. M:nimum Height of Accessory Buildings. No building which is accessory to a or dwelling shall be erected to a height greater than one story, or sixteen (16) feet, whichever is greater. Clear View of Intersecting Streets. In all zones which require a front yard, no obstruction to view in excess of two (2) feet in height shall be placed on any corner lot within a triangular area formed by the street property lire and a line connecting them at points forty-fiv- e (45) feet from the intersection of the street lines, except a reasonable number of trees pruned 'high enough to permit unobstructed views to automobile drivers, and pumps at gasoline service stations. Effect of Official Map. Wherever a front yard is required for a lot facing on a street for which an official map has been recorded in the office of the County Recorder, the depth of such front yard shall be measured from the map street line as shown on the official map. Frontage Required for Dwelling Sites. 2. 2-- 2. 2-- 3. 2-- 4. 2-- building. parties. - CHAPTER 2 SUPPLEMENTARY REGULATIONS d 38. Street A thoroughfare which has been dedicated or abandoned to the public and accepted by proper public auth- ority, or a thoroughfare not less than twenty (20) feet wide, which has been made public by right of use and which affords the principal means of access to abutting property. 39. Structure Anything constructed or erected which is either located on the ground or attached to something having a location on the ground. 40. Tourist Court Any building or group of buildings containing sleeping rooms with or without fixed cooking facilities designed for temporary use by automobile tourists or transients with garage attached or parking space con veniently located to each unit, including auto courts, motels, or motor lodges. 41. Trailer Park Any area or tract of land used to accommodate two 2) or more automobile trailers or camping principal buildings housing a principal use upon a lot. 10. Building, Public A building owner and operated or owned and intended to be operated by a public agency of the United States of America, of the State of Utah, or any of its "political subdivisions. 11. Carport A covered shelter for automobiles. 12. V Dwelling Any buiding which is used for residential - This Zoning Ordinance, including the map, may be amended, but all proposed amendments shall be submitted first to the Planning Commission for its recommendations, which recom- dw-elLn- gore-shape- Amendments. 6. n OF PAYSON, UTAH 2. 19. Dweling Unit One or more rooms in a dwelling designed for or occupied by one family for living or sleeping purposes and having or.e but not more than one kitchen or set of cooking facilities. 20. Family An individual or two (2). or more persons i elated by blood, marriage or adoption living together in a dwelling unit. Guests in excess of two (2) who pay for meals or room shall be considered as boarders and the building shall be c nsidcred as a boarding house. 21. Garage. Private An accessory building designed or used for the storage of automobiles owned and used by the occupants of the building to which it is accessory. 22. Garage, Public A building or portion thereof, other than a private garage, designed or used for servicing, reparing, vehicles. equippirg, hiring, selling, or storing motor-drive23. Grade The average of the finished ground level at the center of all walls of a building. In case of w'alls parallel to and within five (5) feet of a sidewalk, the aboveground level shall be measured at the sidewalk. 24. Home Occupation Any use conducted entirely within a dwelling and carried on by persons residing in the which use is clearly incidential and secondary to the use of the dwelling for dwelling purposes and d:es not change the character thereof and in connection with which there is na display nor stock in trade. A floor area of not more than twenty-fiv- e (25(J) percent of the area cf the ground floor of the building shall be so occupied, nor shall any person be employed for hire. The home occupation shall not include the sale of commodities except those which are produced on the premises and shall not involve the use of any accessory building or yard space for activity outside of the dwelling. 25. Household Tcts Animals or fowl ordinarily permitted m the home and kept for company such as clogs, cats, and canarries. 26. Lodging House A building where sleeping accommodations are provided for compensation to three (3) or more persons. For the purpose of this ordinance, where the number of lodgers is less than three (3) persons, such lodgers shall be considered as a part of a family. 27. Lot A parcel of land occupied or to be occupied by a building or group of buildings, together with such yards, open having a frontage on the street or upon a right of way which has been approved by the Board of Adjustment. Except for group dwellings, not more thai- one dwelling structure shall occupy any one lot. 28. Lot, Corner A lot abutting on two intersecting or intercepting streets where the interior angle of intersection or interception does not exceed 135 degrees. 29. Lot, Interior A lot other than a corner lot. 30. Lot line. Front The front boundary line of a lot bordering on the street. In the case of a corner lot, the side bordering cn the street which has the smaller dimensian shall be the front lot line. 31. Lot Line, Rear A lot line which is opposite and more distant from the front lot line. In the case of an irregular, lot, the rear lot line shall be a line triangular, or writhin the lot, parallel to and at the maximum distance from the front lot line, having a length of at least ten (10) feet. 32. Lot Line, Side Any lot boundary line not a front lot line 'or a rear lot line. 33. Nonconforming Building or Structure A building or structure, or portion thereof, lawfully existing at the time of this ordinance became effective, which does not conform to all height, area and yard regulations herein prescribed in the zone in which it is located. 34. Nonconforming Use A use which lawfully oca land or the at time cupied this ordinance became efbuilding fective and which does not conform with the use regulations of the zone in which it is located. 35. Parking Lots An open area other than a street used for the parking of more than four (4) automobiles and available for public use, whether free, for compensation, or as an accommodation for clients or customers. 36. Parking Space A space within a building lot or parking lot for the parking or storage of one automobile. 37. Square of Building The top of the exterior walls of . 5. lattice-enclose- d 2-- 6. semi-publi- c 2-- 7. 2-- 8. one-famil- three-famil- 2-- 9. 0. 1. four-famil- y y, two-famil- y, |