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Show Organization of Board. The Board of Adjustment shall organize and elect a chairman and adopt rules in accordance with the provisions of this ordinance. Meetings of the board shall be held at the call of the chairman, and at such other times as the board may determine. The chairman or, in his absence, the acting chairman, mal administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings showing the vote of each member upon each question or, if absent or failing to vote, indicating such facts, and shall keep records of its examinations and other official acts, all of which shall be filed immediately in the office of the board and shall be a public record. 5-- 5-- 2. 3. Decision on Appeals. The Board of Adjustment ..nail hear and decide appeals from any decision, orders, or requirements made by the Building Inspector. The board shall also hear and decide other matters referred to it upon which it is required to pass under this ordinance. Who may make Appeals; Fee Required. Any person or citizen or any officer, department, board, or bureau of the city may appeal to the Board of Adjqstment by filing a request in writing with the Building Inspector, together with a Five Dollar ($5.00) fee. Upon the furnishing of such information as required by the rules and regulations of said board and the filing of the Five Dollar ($5.00) fee, the Building Inspector shall forwith transmit to the Board of Adjustment all the papers, records, and other pertinent data pertaining to the appeal. A request to appear before the Board of Adjustment shall be made on forms furnished by the ciy entitled APPLICATION TO APPEAR BEFORE THE BOARD OF ADJUSTMENT, a copy of which is given below, or as 5-- 4. may be amended. APPEAL NO DATE APPLICATION TO APPEAR BEFORE THE BOARD OF ADJUSTMENT I (we) of (address) (name) do hereby apply to the Board of Adjustment of Payson City, Utah, for a determination on the following matter; Provisions under which this appeal is made: parking space of not less than two hundred (200) square feet net area, as follows: 1. For churches, theatres, general auditoriums and stadiums, at least one (1) parking space for every three (3) seats in main assembly halls; for schools, auditoriums, one (1) space e for each five (5) students; where benches are used, inches bench of twenty (20) space shall be considered as space for one seat. Where moveable chairs are used, seven (7) square feet shall be considerd as spac for one seat. 2. For hospitals, at least one (1) parking space for each two (2) beds, including infants' cribs and children's beds. For medical and dental clinics, at least three (3) parking spaces shall be provided for each doctor or dentist having offices in such clinic or one space for each two hundred (200) square feet of office floor space, whichever is greater. 3. For tourist courts and apartment motels, at least one (1) parking space for each individual sleeping or living unit; for hotels and apartment hotels, at least one (1) parking space for each two (2) sleeping rooms, up to and including the first twenty (20) sleeping rooms, and one (1) parking space for each three (3) sleeping rooms over twenty (20) sleeping rooms. 4. For lodging houses, dormitories, fraternities, or sororities, at least one (1) parking space for each automobile used or parked on or about the premises by persons accommodated in such building. full-tim- For restaurants, boarding houses, and similar eating establishments that serve meals, lunches, or drinks to patrons inside of a building and for retail stores selling directly to the public and for dance halls and recreational places of assembly, at least one (1) space for each two hundred (200) square feet of floor space in the building, or one (1) space for each two (2) employees working on the highest employment shift or five (5) parking spaces whichever requirement is greater. 6. For drive-in- s that sell ice cream or other food to customers in automobiles, at least eight (8) offstreet parking 5. ng spaces. 7. For mortuaries, at least thirty (30) parking spaces, or one (1) space for each seven (7) square feet in the assembly room or chapel. 8. For schools, at least three (3) parking spaces for each classroom. For bowling alleys, at least three (3) parking spaces for bowling lane. For all business or industrial uses not listed above one (1) parking space for each 300 square feet of floor area in the building or for each two (2) employees working on the highest employment shift, whichever is greater. Location of Parking Space. Parking space as required above shall be on the same lot with the main building, or in the case of buildings other than dwellings, may be located not farther than four hundred (400) feet therefrom. Parking Lot Regulations. Every parcel of land hereafter used as a parking lot shall be paved with a surfacing material of oil, asphalt, or concrete composition and shall have appropriate bumper guards where needed, as determined by the Building Inspector. Any lights used to illuminate the lot shall be so arranged as to reflect the light away from adjoining premises in any residential zone. No parking lot shall be located within the required front setback or within the required side setback which faces upon a public street, except as hereinafter provided. Combination of Uses and Collective Provisions. A. In the case of a combination of uses in one building, the total number of offstreet parking and loading spaces required shall be equal to the sum of that required for the various uses 9. each 10. one-ha- lf (see back of sheet) lf 2 1 THE FACTS ARE AS FOLLOWS: The property covered by this appeal is located 3 at. Zo ne. and is situated within the (Signature of Applicant) Note: The Board of Adjustment may consider only three types of cases. These are outlined on the back of this sheet under the title of POWERS OF BOARD OF ADJUSTMENT. Please acquaint yourself with these provisions and indicate under which provision you are making this appeal. State the facts fully. Use additional sheets if necessary, and attach a plot plan where appropriate showing the location of the buildings now on the lot and the buildings on adjoining lots, it any. POWERS OF THE BOARD OF ADJUSTMENT 1. The Board of Adjustment may consider the type of case where the applicant thinks the Zoning Administrator is interpreting the zoning ordinance and map incorrectly. of the Zoning Ordinance.) (See parapraph 2. Board of The Adjustment may consider the type of case known as a variance, where the person making the appeal can show that the strict application of the regulation would result in peculiar and exceptional difficulties or undue hardship upon the property of exceptional narrowness, shallowness, or shape of his property at the time of the enactment of the controlling regulation, or because of exceptional topographic conditions or other conditions peculiar to the lot. However, the Board of Adjustment cannot grant a request which would be contrary to the spirit of the Zon(See paraing Ordinance or its objectives and purposes. of the Zoning Ordinance.) graph 3. The Board of Adjustment may consider special use permits and special exceptions which are set out in the Zoning Ordinance (See paragraph 5 3 of the Zoning Ordi-1 -2 6-- nance.) The Board of Adjustment may approve, deny in whole or in part, or may attach conditions to the grant of the request. of the Zoning Ordinance.) paragraph (See -4 g have the power: 1. To hear and decide appeals wherein it is alleged that there is error in any order, requirement, decision, or determination by the Building Inspector or other administrative officer in the enforcement of this ordinance. 2. To grant a variance from the strict letter of the regulations of this ordinance, provided that a property owner can show that, because of exceptional narrowness, or shape of a specific lot or parcel of land or by reason of peculiar topographical features or other unique situations, the strict application of the terms of this ordinance would prohibit the use of the appellants property in a manner reasonably similar to that of other property in the same zone. The board shall not grant a variance where such variance, if applied universally to other lots within the zone, would have the effect of changing the general regulations therein. Furthermore, before a variance can be granted, the board must find upon the evidence before it that the granting of such variance is in harmony with the variance occurs. 3. To grant the following exceptions to this ordinance, provided that the purpose as set forth in Chapter 1 of this ordinance, and the intent as set forth in the zone in which the exThe Board shall not grant ception is located, are maintained. is which an exception contrary to or militates against the purpose of this ordinance or the intent of the zone in which the exception is located. a. To permit the enlargement or addition to a nonconforming building or structure, subject to conditions for buildings and uses as set forth in Chapter 4 of this ordinance. b. Where a zone boundary line divides a lot in single ownership at the time of the passage of this ordinance, to permit a use allowed on either portion of such lot to extend not more than fifty (50) feet into the other portion of the lot. provided the granting of such use will not be contrary to the plan of zoning nor depreciate surrounding values. c. To permit the building of a dwelling upon a lot which does not 'have frontage on a street, provided the entire front of the dwelling can be viewed from a public street, the dwelling is located at least sixteen (16) feet from the nearest building on the same or on an adjoining lot and the dwelling will not increase the hazard from fire or cause undue concentration of population. d. .Where a parcel of land at the time of the passage of this ordinance was at least one and (1 tf) times as wide 1 in as and one and one-hatimes area as required for ( 12) large a lot in the zone, to permit the division of the parcel into two (2) lots, provided the objectives and characteristics of the zone are maintained and the granting thereof will not cause undue concentration of population. y e. To permit a dwelling to be located on a lot which is nonconforming as to area and width, providing the objectives and characteristics of the zone are maintained. f. To permit a dwelling group (planned) under conditions set forth in Chapter 2 of this ordinance. 4. The Board may attach reasonable conditions or which the petitioner must comply with as a condition of the grant or approval and may attach a time limit on the exer- ACTION BY THE BOARD OF ADJUSTMENT 1. The Board of Adjustment determines chat the mat- ters presented in the appeal are within its powers to of the Zon review as set forth in paragraph make the following ing Ordinance and does hereby determination with respect thereto. 2. The Board of Adjustment determines that the request presented in this appeal is not within its authority to grant. This request is therefore denied. 1- 9Hearing oi this appeal was advertised 1- 9Hearing on this appeal was held q BOARD OF ADJUSTMENT single-famil- of any grant. 5. In exercising its duties and powers as set forth herein, the Board of Adjustment may reverse or affirm wholly or partly or may modify the order, requirement, decision, or determination of the Building Inspector and may make such order or requirement as ought to be made, provided, however, that in interpreting and applying the provisions of this ordinance the requirements contained herein shall be deemed to be the minimum requirements for the purpose set forth. It is not the function of the 6. Authority Limited. Board of Adjustment to correct what it may consider to be an unwise requirement in the Zoning Ordanance or to substitute its judgment in place of that of the City Council as expressed in this ordinance. Nevertheless, it shall be the duty of the board to recommend appropriate modification or amendments to the Zoning Ordinance when in its opinion such modification or amendment would more fully promote the objectives and purposes of this ordinance. Vote. The concurring vote of three members of the board shall be necessary to decide upon any matter upon which it is required to pass. cise 8. 6-- Notice of Hearing. The Board of Adjustment shall fix a reasonable time for which it is rethe hearing of the appeal or other matters upon notice thereof, as well as quired to pass and shall give public and shall decide the same due notice to the parties in interest, within a reasonable time. Powers and Duties of the Board of Adjustment It shall be the duty and the Board of Adjustment shall 5. 5-- 6. 6-- above-mentione- 6-- 8. 1. Dwellings. For a new building, or for any enlargement or increase in seating capacity, floor area, or guest rooms of any existing main building, there shall be at least one permanently maintained 7. adequate space for standing, loading, and unloading services in order to avoid undue interference with public use of the streets or alleys. Such space, unless otherwise adequately provided for, shall include a minimum ten (10) feet by twenty-fiv- e (25) feet feet fourteen a minimum with height clearloading space (14) ance for every twenty thousand (20,000) square feet or fraction thereof in excess of three thousand (3,000) Bquare feet of land d used for the purposes. Offstreet Parking May be Reduced Conditions. Upon appeal in specific cases, the Board of Adjustment may authorize a reduction in the offstreet parking requirements provided the peculiar nature of the buildings and premises, the existence of adequate parking space in the surrounding area or the existence of an exceptional situation or condition mitigates the need for parking space to the extent required by a literal interpretation of this ordinance, and provided it can be shown that a literal enforcement of the provisions of this ordinance will result in hardship upon the petitioner. Appeal. 3. 5. 6-- CHAPTER 6-- 2. 5-- 6-- computed separately. B. Collective provisions and uses of the required parking or unloading areas by a group of establishments shall be allowed. Offstreet Truck Loading Space. On the same premises with every building, structure, or part thereof, erected and occupied or increased in capacity after the effective date of this ordinance, for manufacturing, storage, warehouse, goods display, department store, grocery, hotel, hospital, mortuary, laundry, dry cleaning, or other use similarly involving the receipt or distribution by vehicle of materials or merchandise, there shall be provided and maintained on the lot 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 that the petition for such relief is presented to the court within thirty (30) days after the filing of such decision in the office of the Board of Adjustment. CHAPTER 6 PARKING AND LOADING SPACE The intent of this chapter is to encourage the parking of vehicles off the public tsreets so as to improve safety, reduce congestion, and facilitate .street maintenance and traffic circulation. Offstreet Parking Required. There shall be provided at the time of the erection of any building, or at the time any main building is enlarged or increased in capacity, minimum offstreet parking space with adequate provisions for ingress and egress from the street to each automobiles as hereinafter proparking space by standard-size- d vided. Parking Space for Dwellings. In all zones (except those in which dwellings are not per- -, mitted) there shall be provided space for the parking of one automobile for each dwelling unit in a new dwelling or each dwelling unit added in the case of the enlargement of an existing Where the designed parking space is not enclosed in building. a private garage, carport, or other building, sufficient yards surrounding the parking space shall be provided so that the automobile can be enclosed in a building or carport having yards which will comply with the requirements set forth in this ordinance. Parking Space for Buildings or Uses Other than 4. 6-- 6. 5-- 7. 5-- 6-- . , . 7 MOTOR VEHICLE ACCESS Businesses Requiring Access. Service stations, roadside stands, public parking lots, and all other businesses requiring motor vehicle access by the public shall meet the requirements as hereinafter provided. Roadways and Curbs. Access to the station or the structure or the parking lot shall be controlled as follows: 1. Access shall be by not more than two roadways on any street provided that one additional driveway may be permitted for each 100 lineal feet of frontage in excess of 100 lineal feet on any fronting street. 2. No two of said roadways shall be closer to each other than twenty (20) feet. 3. Each roadway shall not be more than thirty-fiv- e (35) feet in width measured at right angles to the center line of the 7-- 1. 7-- 2. driveway. 4. No roadway shall be closer than ten (10) feet to the |