OCR Text |
Show At least one side of each lot used as a dwelling site shall abut upon a public street, and the length of such abutting side shall be at least as great as the width required for dwelling sites in the zone in which such building site is located except as may be approved by the Board of Adjustment, or except as may be approved by the Planning Commission and Board of Adjustment in connection with a dwelling group (planned). Exceptions to Front and Side Setback Require2. ments. The setback from the street for any dwelling located be- tween two existing dwellings in any residential zone may be the same as the average for said two existing dwellings, provided the existing dwellings are on one, side of the street and are within one hundred and twenty (120) feet of each other. Concessions in Public Parks and Playgrounds. Concessions including but not limited to amusement devices, recreational buildings, caretakers dwellings, and refreshment stands shall be permitted to be situated on a public park or playground when approved by the City Council, provided it can be shown that the concession is in the interest of the public and is in harmony with the objectives and purposes of this ordinance and the characteristics of the zone in which it is located. lo-lat- ed 3. Land Previously Subdivided. The requirements of this ordinance as to area and width dwellshall not be construed to prevent the use for a dwelldistrict in which in any ing of any lot or parcel of land ings are permitted, in the event that such lot or parcel of land was of record at the time this ordinance became effective. 4. one-fami- 2-- 15. ly Uses. Uses which are not expressly permitted within a zone are expressly prohibited therein. Excavations. 1 ti. The banks of all gravel, sand, clay and top soil pits and other excavations shall be smoothed and reconditioned at the termination of operation or use so as not to be hazardous or 2-- unsightly. Dwelling Groups (Planned) The intent of this provision is to (1) permit, under conditions as herein set forth, more flexibility in the location of buildings on the land and the grouping of buildings and open spaces; (2) to permit large scale development of housing on one or more lots which is characterized by a harmonious grouping of attractive buildings situated on spacious surroundings and lawns, trees and shrubs. landscapeed with well-keApproval Necessary. Before a permit shall be issued for a building within a dwelling group (planned) , the overall plan of the development must be submitted to and approved by the Planning Commission and by the Board of Adjustment. The application for a permit to construct a dwelling group (planned) shall be submitted to the Building Inspector who shall in turn transmit the same to the Planning Commission. The application shall be accompanied by a plan which shall show: a. topography, including contours at no greater interval than two (2) feet. b. proposed lot layout. c. proposed reservations for parks, playgrounds, school sites and other open spaces. d. proposed street systems. e. types of dwellings and site locations the refor. f. proposed locations of garages and parking spaces. g. preliminary plans and elevations of dwellings and other buildings. h. tables showing total number of acres in the proposed development and percentage designated for each of the proposed uses, including offstreet dwelling types and other parking,' streets, parks, playgrounds, schools and churches. Standards and Requirements. The development shall conform to the following standards and requirements: A. The area proposed shall be in one ownership, or if in several ownerships, the application for the permit shall be filed jointly by all of the owners of the property included in the plan. B. The plan shall cover an area of not less than four acres. "J (4) C The number of dwelling units within the development shall not exceed eight (8) dwellings units per acre in the R-- 2 zone nor more than 20 dwelling units per area in all other zones in which dwellings are permitted. D. Not less than five percent of the gross area of the project shall be dedicated to the public use, provided that for parks and playgrounds which are less than two (2) acres in area, the developer shall construct the park and playground facilities in accordance with plans approved by the Planning Commission and the Board of Adjustment, and shall insure the proper care and maintenance of parks and playgrounds by covenants and incorporated Neighborhood Homes Associations, or by other means satisfactory to the Board of Adjustment. E. All buildings when completed shall be served by public sewer and public water supply. F. No building shall exceed three (3- - stories or (30) feet in height, whichever is higher. G. The minimum distance between two buildings facing each other shall be three and (3jkl) times the average less but than fifty (50) feet. of the not two height buildings, H. The front of no residential building shall face the the rear of another building. I. Where the front of one building faces the side of another building, the minimum distance between the two buildings shall be two (2) times the average height of the two buildings or at least five (5) feet apart for each two hundred (200) square feet of facing wall area whichever is the greater dis7. pt non-residenti- al (5) one-ha- lf tance. J. No two residential buildings shall have any point less than twenty (20) feet apart. K. Wherever the dwelling group (planned) is adjacent to or on the opposite side of a street from a residental or agricultural district, than for such portion of the development adjacent or across the street from such residential or agricultural district, all yard and setback regulations pertaining to the adjacent or opposite district shall also apply to said portion of the dwelling group (planned) development. AU areas not covered by buildings or offstreet car and parking space or driveways shall be planted into lawn, trees accordance in maintained and shrubs and otherwise landscaped with good landscape practice. M. The required front yard and side yard which faces on a public street shall not be used for automobile parking space but shall be landscaped and maintained with lawns, trees, and shrubs except for permitted driveways. N. All offstreet parking space and driveways shall be 'hardsurfaced. O. The plan must be prepared by an architect licensed to practice in the State of Utah. P. In addition to dwellings, the development may include buildpublis schools, churches, community or public recreation facilities. ings and other necessary and related community Q. The Plan must be approved by the Planning Commission prior to the review of the application by the Board of Adjustment. The Planning Commission shall review the plan to determine its compliance with any portion of the master plan that shall have been adopted including, but not limited to plans for parks, playgrounds public utilities, streets and schools. In considering approval of the development, the Planning Commission, among other things, shall make sure that such development will constitute a residential environment of sustained desirability and stability, that it will not produce a volume of traffic in the surrounding zones in excess of the capacity for which the access streets are designed, that requirements for utilities, offstreet parking, traffic circulation and other public requirements wi(l be adequately met and that the ground floor area of of the all buildings shall not exceed twenty percent area of the land within the development. The Planning Commission may impose reasonable conditions as may be necessary to carry out the intent of this provision. L. (20) Modification. The plans of a dwelling group (planned) if approved by the Planning Commission and Board of Adjustment shall be construed to modify the area, width, location, size and yard regulations within the zone in which the development is located. Swimming Pools. Swimming pools not completely enclosed within a walled building shall be completely surrounded by a fence or wall having a height of at least four (4) feet. There shall be no openings larger than thirty-si- x (36) square inches, except for gates and selfor doors which shall be equipped with 8. self-closi- closing devices. Conservation of Values. Finding by the City Council. The City Council hereby finds that excessive deterioration and dilapidation of buildings and the presence of trash, rubbish, and debris on or about premises produces degeneration and instability in property values, accentuates obsolescence of buildings, lessens the wholesomeness and security of home life, deprives the city of tax revenues and destroys the proper balance between the taxable value of real property and the cost of providing necessary municipal services and, in general, brings about a deterioration in public health, safety, comfort, morals, and wel9. fare of the citizens. Effect of Finding. r In view of this finding, no deteriorated or dilapidated building shall be permitted to remain on any lot; nor shall any excessive amount of trash, rubbish, or debris be allowed to remain on any lot, which produces one or more of the harmful effects mentioned in paragraph of this ordinance. Deteriorated Buildings and Excessive Accumulation of Debris to be Referred to Board of Review. Whenever a building is permitted to deteriorate, and whenever trash, rubbish, or debris is permitted to remain on or about any premises to such an extent and to such a degree that one or more of the harmful effects set forth in paragraph of this ordinance results therefrom, then the building inspector shall notify the Board of Review of the existence and location of such deteriorated building, trash, rubbish or debris. Board of Review Created. For the purpose of this ordinance there is hereby created a Board of Review which shall be composed of five (5) members to be appointed by the Mayor with the consent of the City Council for a term of five (5) years; provided that the terms of the members of the first Board so appointed shall be such that the term of one member shall expire each year. Vacancies shall be filled for the unexpired term of any member whose term is not completed. Said Board of Review shall elect a chairman from among its own members and shall establish rules of procedure which shall be approved by the City Council. Powers and Duties of Board of Review. Upon the submission to it of a report of the existence of an excessively deteriorated building or the existence of excessive amounts of trash, rubbish and debris on or about any premises, it shall be the responsibility of the Board of Review to examinl such buildings or premises and to specify in writing within ten dyas from the date of the submission of the report, that which must be done by the owners and occupants of the premises to overcome such harmful effects. Decision. In the exercise of its duties, the Board of Review may specify, among other things, the extent of renewal or removal which must be done and the time in which the work must be done. Where the requirements involve the renewal or removal of a building or the removal of any trash, rubbish, or debris, the Board of Review, through the Building Inspector, may, in addition to other remedies as set forth in paragraph 5 of this ordinance, proceed in accordance with the provisions of Title 10, Chapter 1 1, Utah Code Annotated, 1953. Notice. It shall be the duty of the building Inspector to inform the owner or occupant of the requirements of the Board of Review and to enforce the requirements of said Board. Appeal. Any person aggrieved by any determination or requirement the Board of Review may appeal to the City Council, and by the Gty Council may reverse or affirm wholly or in part any decision, determination or requirement made by the Board of Review in order that the objectives and purposes of this section -1 3-- and substantial justice may be accomplished 3-- don. CHAPTER 3 ENFORCEMENT Building Inspector to Enforce. 1. The Building Inspector is hereby designated and authorized as the officer charged with the enforcement of this ordi-nanc- e. Building Permit Required. It shall be unlawful to commence the construction, alteration, or removal of any building or structure or any part thereof within Payson City, Utah, except after the issuance of a permit for the same by the Building Inspector. Permits to Comply With Ordinance. From the time of the effective date of this ordinance, permits shall not be granted for the construction or alteration of 3-- 2. 3-- 3. of a building or strucany building or structure or the moving ture onto a lot if such building or structure would be a violation of any of the provisions of this ordinance, nor shall any city officer grant any permit or license for the use of any building or land if such use would be in violation of this ordinance. Powers and Duties of Enforcing Officer. A. It shall be the duty of the Building Inspector to inspect or cause to be inspected all buildings in the course of construction or repair. He shall enforce all of the provisions of this ordinance, entering actions in the courts when necessary, and his failure to do so shall not legalize any violation of such provisions. The Building Inspector shall not issue any permit unless the plans of and for the proposed erection, construction, reconstruction, alteration, and use fully conform to all zoning regulations then in effect. B. Upon appeal to the Board of Adjustment on any matters on which said board is required to pass, the Building Inspector shall forthwith transmit all papers, records, and other pertinent date pertaining to the appeal to said Board of Adjustment. The Building Inspector shall also refer matters to the Planning Commission. Department of Health, and City Council as required by this ordinance. Penalties. Any person, firm, or corporation, whether as principal, agent, employee, or otherwise, violating or causing or permitting the violation of any of the provisions of this ordinance, shall upon conviction thereof, be guilty of misdemeanor and shall be punished as provided by law. Each and every day that a violation of this ordinance is committed or allowed to continue by such person, firm, or corporation, shall be deemed to constitute a separate offense, and shall be punishable as a separate offense. CHAPTER 4 3-- 4. 3-- 5. NONCONFORMING BUILDINGS AND USES 4-- 1. Maintenance Permitted. It is the intent of this chapter to discourage the addition or enlargement of nonconforming uses. Nevertheless, a building or structure may be maintained to the same extent as that which existed at the time of the effective date of ng this ordinance. Repairs. Repairs may also be made to a nonconforming building or to a building housing the nonconforming use. Additions, Enlargements. Additions and enlargements to nonconforming buildings and nonconforming uses of land shall not be made except as permitted by the Board of Adjustment. The Board of Adjustment shall not permit the addition to or enlargement of a nonconforming building or nonconforming use of land unless: a. The addition to, or enlargement of, the building or nonconforming use of land will be in harmony with the purposes of this ordinance and with the objectives of the zone in which it is located. b. The proposed enlargement or addition will not impose any burden upon the lands located in the vicinity of the nonconforming use or structure, or C. Such addition or enlargement is required in order to with health or safety requirements as evidenced by a comply letter from a public health or safety officer. Restoration of Damaged Buildings. A nonconforming building or structure or a building or structure occupied by a nonconforming use which is damaged or destroyed by fire, flood, wind, earthquake, or other calamity or act of God or a public enemy may be restored, and the occupancy or use of such building, structure, or part thereof which existed at the time of such damage or destruction may be restored or resumed, provided that such restoration is started within a period of one year from the date of destruction and is diligently prosecuted to completion. 4-- 4-- 2 3. 4-- 4. 4-- 5. One-Ye- ar Vacancy. A building or structure or portion thereof or a lot occupied a by nonconforming use which is or hereafter becomes vacant and remains unoccupied by a nonconforming use for a continuous period of one year shall not thereafter be occupied by a use which conforms to the use regulations of the zone in which it is located. Continuation of Use. The occupancy of a building or structure by a nonconform4-- 6. ing use existing at the time of this ordinance became effective may be continued to the same extent and character as that which existed at the time of the effective date of this ordinance. 4-- 7. Change of Use. The nonconforming use of a building, structure, or land may not be changed, nor shall the nature or character of the nonconforming use be changed except to a conforming use. Where such change is made, the use shall not thereafter be changed back to a nonconforming use. CHAPTER 5 BOARD OF ADJUSTMENT 51. Creation of Board of Adjustment. Tkere is hereby created a Board of Adjustment which shall consist of five (5) members each to be appointed by, the City Council for a term of five (5) years, provided that the terms of the members of the first board so appointed shall be such that the term of one member shall expire each year. Any member may be removed for cause by the City Council upon written charges and after public hearing, if such public hearing is requested. Vacancies shall be filled for the unexpired term of any member whose term is not completed. |