Beaver City Zoning Code

This Title shall be known as THE ZONING ORDINANCE OF BEAVER CITY, UTAH and may be so cited and pleaded.

HISTORY

Ord. 41, 9-27-1994

This Title is designed and enacted for the purpose of promoting the health, safety, morals, convenience, order, prosperity and welfare of the present and future inhabitants of the City, including among other things, the lessening of congestion in the streets or roads, securing safety from fires and other dangers, providing adequate light and air, classification of land uses, and distribution of land development and utilization, protection of the tax base, securing economy in governmental expenditures, fostering the City's agricultural and other industries, and the protection of both urban and nonurban development.

HISTORY

Ord. 41, 9-27-1994

In interpreting and applying the provisions of this Title, the requirements contained herein are declared to be the minimum requirements for the purpose set forth.

HISTORY

Ord. 41, 9-27-1994

This Title shall not nullify the more restrictive provisions of covenants, agreements or other ordinances or laws, but shall prevail notwithstanding such provisions which are less restrictive.

HISTORY

Ord. 41, 9-27-1994

The existing ordinances of the City covering zoning, in their entirety, and including the maps heretofore adopted and made a part of said ordinances are hereby superseded and amended to read as set forth herein; provided, however, that the Ordinance codified herein, including the attached maps, shall be deemed a continuation of previous ordinances, and not a new enactment, insofar as the substance of revisions of previous ordinances is included in the Ordinance codified herein, whether in the same or different language; and the Ordinance codified herein shall be so interpreted upon all questions of construction, including, but not limited to, tenure of officers and boards established by previous ordinances and to question of conforming or nonconforming uses and buildings, and to questions as to the date upon which such uses or buildings became conforming or nonconforming.

HISTORY

Ord. 41, 9-27-1994

Unless the context requires otherwise, the following definitions shall be used in the interpretation and construction of this Title. Words used in the present tense include the future; the singular number shall include the plural, and the plural the singular; the word "building" shall include the word "structure"; the words "used" or "occupied" shall include arranged, designed, constructed, altered, converted, rented, leased or intended to be used or occupied; the word "shall" is mandatory and not directory, and the word "may" is permissive; the word "person" includes a firm, association, organization, partnership, trust, company or corporation, as well as individual; the word "lot" includes the words plot or parcel. Words used in this Title but not defined herein shall have the meaning as defined in any other ordinance adopted by the City.

ACCESSORY USE OR BUILDING: A subordinate building whether pre-manufactured, constructed or fabricated, including any storage container, which is not utilized for human habitation and the use of which is incidental to that of a main building located on the same zone lot, use or building. All manufactured or fabricated accessory buildings must be painted without lettering or markings within two (2) weeks of the time they are set on the lot or parcel.

ACTIVE SOLAR ENERGY SYSTEM: A solar energy system that requires external mechanical power to move the collected heat.

AGENT OR OWNER: Any person who can show written proof that he is acting for the property owner and with the property owner's knowledge and permission.

AGRICULTURAL INDUSTRY OR BUSINESS: An industry or business involving agricultural products in manufacturing, packaging, treatment, sales, intensive feeding or storage, including, but not limited to, animal feed yards, fur farms, food packaging or processing plants, commercial poultry or egg production, and similar uses as determined by the Planning Commission.

AGRICULTURE: The tilling of the soil, the raising of crops, horticulture and gardening, commercial greenhouses, breeding, grazing and keeping or raising of domestic animals and fowl, except household pets, and not including any agricultural industry or business, such as fruit packing plants, fur farms, animal hospitals or similar uses.

ALLEY: A public accessway less than twenty six feet (26') in width, which is designed to give secondary access to lots or abutting properties; an alley shall not be considered a street, for the purposes of this Title.

ALTERATIONS, STRUCTURAL: Any change in the supporting members of a building, such as bearing walls, columns, beams or girders.

ALTITUDE: The angular distance from the horizon to the sun.

APARTMENT HOUSE: A multiple dwelling; see also definition of Dwelling, Multiple-Family.

ARCHITECTURAL PROJECTION: Any building or structural projection which is not intended for occupancy and which extends beyond the face of an exterior wall of a building or structure, but not including signs.

AUTOMATIC CAR WASH: A facility for automatic or self-service washing and cleaning of automobiles and small trucks not exceeding one and one-half (11/2) tons' capacity.

AUTOMOBILE PAINT SHOP: A facility for painting of automobiles, trucks, trailers, boats or other travel or recreational vehicles or units.

AUTOMOBILE SALES AREA: An open area used for display, sale or rental of new or used motor vehicles, mobile homes, recreational coaches or recreation vehicles in operable condition.

AUTOMOBILE SERVICE STATION: A place where gasoline, or any other motor fuel or lubricating oil or grease for operating motor vehicles, is offered for sale to the public and deliveries are made directly into motor vehicles, and where services performed may include tube and tire repair, battery charging, storage of merchandise, lubricating of automobiles, replacement of spark plugs, lights, fans and other small parts, but not including major auto repair.

AVERAGE PERCENT TO SLOPE: An expression of rise or fall in elevation along a line perpendicular to the contours of the land, connecting the highest point of land to the lowest point of land within an area or within a lot. A vertical rise of one hundred feet (100') between two (2) points one hundred feet (100') apart, measured on a horizontal plane is a one hundred percent (100%) slope.

AZIMUTH: The angular distance between the true south and the point on the horizon directly below the sun (also called bearing).

BASEMENT: A story whose floor is more than twelve inches (12") below the average level of the adjoining ground, but where no more than one-half (1/2) of its floor-to-ceiling height is below the average contact level of the adjoining ground. A basement shall be counted as a story for purpose of height measurement, and as a half-story for the purpose of side yard determination.

BASEMENT HOUSE: A residential structure without a full story structure above grade.

BEGINNING OF CONSTRUCTION: The pouring of concrete footings for a building or structure.

BLOCK: The land surrounded by streets or other rights of way, other than an alley, or land which is designed as a block on any recorded subdivision plat.

BOARDING HOUSE: A dwelling where, for compensation, meals are provided for at least three (3) but not more than fifteen (15) persons.

BODY AND FENDER SHOP: A facility for major automobile, truck, mobile home, recreational coach or recreation vehicle repairs to body, frame or fenders, and including rebuilding.

BUILDABLE AREA:

1. As regards to fences; that area excluding the front setbacks (corner lots shall be considered to have 2 fronts and 2 sides).
2. The portion of a lot remaining after required yards have been provided, except that land with an average grade exceeding fifteen percent (15%) shall not be considered buildable area unless it is approved by conditional use permit for construction, after study by a geologist, soils engineer or sanitarian as required by the Planning Commission.

BUILDING: Any structure used or intended to be used for the shelter or enclosure of persons, animals or property.

BUILDING, ACCESSORY: A building which is subordinate to, and the use of which is incidental to, that of the main building or use on the same lot.

BUILDING, HEIGHT OF: The vertical distance from the average finished grade surface to the highest point of the building roof or coping, but not including roof-mounted solar energy systems.

BUILDING INSPECTOR: The official designated as the Building Inspector for the City by the City Council. The Building Inspector may also be the Zoning Administrator, if so designated.

CAMPGROUND: A public area designated by the City for camping, or a private area licensed by the City Council for camping.

CAMPING: A temporary establishment of living facilities such as tents or recreational coaches as regulated by this Title, and the City Mobile Home Ordinance 1 .

CARPORT: A private garage not completely enclosed by walls or doors. For the purpose of this Title, a carport shall be subject to all the regulations prescribed for a private garage.

CELLAR: A room or rooms wholly under the surface of the ground, or having more than fifty percent (50%) of its floor to ceiling height under the average level of the adjoining ground. A cellar shall not be counted as a story for the purpose of height measurement.

CHURCH: A building, together with its accessory buildings and uses, maintained and controlled by a duly-recognized religious organization where persons regularly assemble for worship.

CITY: Beaver City, Utah.

CITY ATTORNEY: The attorney employed by or officially representing the City.

CITY COUNCIL: The elected legislative body of the City.

CITY ENGINEER: The engineer employed by or officially representing the City.

CITY PLANNER: The planner employed by or officially representing the City.

CLINIC, DENTAL OR MEDICAL: A building in which a group of dentists, physicians and allied professional assistants are associated for the conduct of their professions. The clinic may include a dental and/or a medical laboratory and an apothecary, but it shall not include in-patient care or operating rooms for major surgery.

CONDITIONAL USE: A use of land for which a conditional use permit is required, pursuant to this Title, and for which conditional requirements maybe imposed.

CONDOMINIUM: The ownership of a single unit in a multi-unit project, together with an undivided interest in common in the common areas and facilities of the property.

CORRAL: Any area less than nine hundred (900) square feet. If an animal is in an area larger than nine hundred (900) square feet, it is considered a grazing area and does not require any separation from dwellings.

COURT: An open, unoccupied space, other than a yard, on the same lot with a building or group of buildings, and which is bounded on two (2) or more sides by such building or buildings.

COVERAGE, BUILDING: The percent of the total site area covered by buildings, but not including solar, wind or other individual, small scale energy generation equipment.

CROSSWALK OR WALKWAY: A right of way to facilitate pedestrian access through a subdivision block; designed for use by pedestrians and not for use by motor vehicles; may be located within or without a street right of way, at grade, or separated from vehicular traffic.

DAIRY: A commercial establishment for the manufacture, processing or packaging of dairy products, and their sale; for purposes of this definition, the production of milk on a farm for wholesale marketing off the premises shall not classify the farm as a dairy.

DAYCARE CENTERS: An establishment for the care and/or the instruction of three (3) or more persons, for compensation, other than for members of the family residing on the premises, but not including a public school.

DISTRICT: A portion of the territory of the City established as a zoning district by this Title, within which certain uniform regulations and requirements or various combinations thereof applying under the provisions of this Title; also includes "zone" and "zoning district".

DRIVEWAY: A private roadway, the use of which is used to profit access to the parcel on which the driveway is located.

DWELLING: Any building or portion thereof designed or used as the more or less permanent residence or sleeping place of one or more persons or families, but not including a tent, recreational coach, hotel, motel, hospital or nursing home.

DWELLING, FARM OR RANCH HOUSING: Dwelling units constructed to provide housing for migratory or temporary farm workers; or for persons permanently working on a farm or ranch.

DWELLING, MOBILE HOME: See definition of Mobile Home.

DWELLING, MULTIPLE-FAMILY: A building arranged or designed to be occupied by more than two (2) families, and having more than two (2) dwelling units.

DWELLING, SINGLE-FAMILY: A building arranged or designed to be occupied by one family, the structure having only one dwelling unit.

DWELLING, TWO-FAMILY: A building arranged or designed to be occupied by two (2) families, the structure having only two (2) dwelling units.

DWELLING UNIT: One or more rooms in a dwelling, apartment hotel or apartment motel, designed for or occupied by one family for living or sleeping purposes.

EASEMENT: That portion of a lot or lots reserved for present or future use by a person or agency other than the legal owner of said property. The easement may be for use under, on or above said lot or lots.

ESSENTIAL FACILITIES: Utilities or sanitary public safety facilities provided by a public utility or other governmental agency for overhead or surface or underground service, excluding any building, electrical substation or transmission line of fifty (50) KV or greater capacity, except by conditional use permit.

FAMILY FOOD PRODUCTION: The keeping of domestic animals and fowl for the production of food for the sole use of the family occupying the premises.

FLOOD HAZARD: A hazard to land or improvements due to inundation or overflow water having sufficient velocity to transport or deposit debris, scour the surface soil, dislodge or damage building, or erode the banks of watercourses.

FLOOR AREA: The sum of the areas of the several floors of a building measured between the exterior faces of the walls at each floor.

FOREST INDUSTRY: An industry which uses forest products, such as sawmill, pulp or paper plant, wood products plant, and similar uses.

FRONTAGE, BLOCK: All property fronting on one side of the street between intersecting or intercepting streets, or between a street and a right of way, waterway, end of dead-end street, or political subdivision boundary, measured along the street line. An intercepting street shall determine only the boundary of the frontage on the side of the street which it intercepts or that common line between a lot and a public street.

FRONTAGE, LOT: The lineal measurement of the front lot line, including easements.

GARAGE, PRIVATE: A detached accessory building, or a portion of a main building, used or intended to be used for the storage of motor vehicles, recreational coaches, boats or other recreational vehicles, but not including the parking or storage of trucks or vans having a capacity in excess of two and one-half (21/2) tons, and not including space for more than a total of four (4) such vehicles for each dwelling unit on the premises.

GARAGE, REPAIR: A structure or portion thereof, other than a private garage, used for the repair of self-propelled vehicles, trailers or boats, including general repair, rebuilding or reconditioning of engines, motor vehicles, recreational coaches and minor collision service, but not including major body, frame or fender repairs or overall automobile fender repairs or overall automobile or truck painting, except by conditional use permit. A repair garage may also include incidental storage, care, washing or sale of automobiles.

GEOLOGICAL HAZARD: A hazard inherent in the crust of the earth, or artificially created, which is dangerous or potentially dangerous to life, property or improvements, due to the movement, failure or shifting of the earth.

GRADE:

1. For buildings adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the street.
2. For buildings adjoining more than one street, the average of the elevations of the sidewalk at the centers of all walls adjoining the streets.
3. For buildings having no wall adjoining the street, the average level of the finished surface of the ground adjacent to the centers of all exterior walls of the building.
4. Any wall parallel or nearly parallel to and not more than five feet (5') from a street line is to be considered as adjoining the street.

GRAZING AREA: Any area of nine hundred (900) or more square feet used for the grazing of animals from the native grasses and grains growing on the area.

HEALTH OFFICER: The Health Officer or department employed by or officially representing the City.

HOME OCCUPATION: Any use conducted within a dwelling, or on a residential unit, or detached building and carried on by persons residing in the dwelling unit, occupying no more than twenty five percent (25%) of the dwelling unit or twenty five percent (25%) of the square footage of the home may be used in a detached building, which is clearly incidental and secondary to the use of the dwelling unit for dwelling purposes and does not change the character thereof, and in connection with which there is no display, nor stock in trade. In all cases where a home occupation is engaged in, there shall be no advertising of said occupation, no window displays or signs except as hereinafter permitted, and no employees employed. The following activities shall not be required to have a conditional use permit:

1. Garage sales conducted on an occasional, nonregular basis. In no case shall the number of garage or yard sales held on any property exceed a total of three (3) per year.
2. The keeping and sale of worms for recreational fishing or other similar purposes.
3. Season sale of home-grown produce.
4. Sale of lemonade and other similar home-made refreshments conducted on an occasional, nonregular basis, primarily by a child or children residing on the premises from which the refreshments are sold.
5. Daycare centers.
6. Tutoring of children.

HOSPITAL: An institution for the diagnosis, treatment and care of human illness or infirmity, but not including sanitariums and clinics.

HOTEL: A building designed for or occupied as the more or less temporary abiding for persons who are for compensation lodged, with or without meals.

HOUSEHOLD PETS: Animals or fowl ordinarily permitted in the house and kept for company or pleasure.

INUNDATION: Ponded water or water in motion of sufficient depth or velocity to damage property, due to the presence of the water or to the deposit of silt.

JUNK: Old or scrap copper, brass, rope, rags, batteries, paper trash, rubber debris or other waste or salvage materials; dismantled, ferrous or nonferrous metal materials.

JUNK OR SALVAGE YARD: A lot, land or structure, or part thereof, used for the collecting, storage or sale of waste paper, rags, scrap metal or discarded material; or for the collecting, dismantling, storing and salvaging machinery of vehicles not in running condition, or for the sale of parts thereof.

LOT: A parcel or unit of land described by metes and bounds and held or intended to be held in separate lease or ownership, or a parcel or unit of land shown as a lot or parcel on a recorded subdivision map, or shown on a plat used in the lease or sale or offer of lease or sale of land resulting from the division of a larger tract into three (3) or more smaller units.

LOT, CORNER: A lot abutting upon two (2) or more streets at their intersection or upon two (2) parts of the same street, such streets or parts of the same street forming an interior angle of less than one hundred thirty five degrees (135°).

LOT DEPTH: The horizontal distance between the front and rear lot lines measured in the main direction of the side lot lines.

LOT, INTERIOR: A lot other than a corner lot.

MOBILE HOME ² : A detached, single-family dwelling unit of not less than thirty two feet (32') in length, designed for long-term occupancy, and to be transported on its own wheels or on flatbed or other trailers or detachable wheels; containing a flush toilet, sleeping accommodations, a tub or shower bath, kitchen facilities, and plumbing and electrical connections provided for attachment to appropriate external systems, and ready for occupancy except for connections to utilities and other minor work. Presectionalized, modular or prefabricated houses not placed upon a permanent foundation, shall be regarded as mobile homes, if placed upon a permanent foundation, such structures which meet all applicable building and housing codes shall not be considered as mobile homes, but shall be regulated as conventional housing.

MOBILE HOME LOT: A lot within a mobile home subdivision, designed and to be used for the accommodation of one mobile home.

MOBILE HOME PARK: A space designated and approved by the City for occupancy by mobile homes, to be under a single ownership or management, and meeting all requirements of the this Title and Title 9, Chapter 8 of this Code for mobile homes.

MOBILE HOME SPACE: A space within a mobile home park, designed and to be used for the accommodation of one mobile home.

MOBILE HOME SUBDIVISION: A subdivision designed and intended for residential use where the lots are to be individually owned or leased, and occupied by mobile homes exclusively.

MODULAR HOME: Permanent dwelling structure built in prefabricated units, which are assembled and erected on the site, or at another location and brought as a unit to the site; said modular home is classed as a mobile home until it is placed on a permanent foundation and complies with all governing building codes.

MOTEL: A building or group of buildings for the drive-in accommodation of transient guests, comprising individual sleeping or living units, and designed and located to serve the motoring public.

NONCONFORMING USE: A use carried on within any building or on any zone lot which does not conform to the use or density regulations of the district in which it is located.

NURSING HOME: An institution, other than a hospital, for the care of human illness or infirmity in which care, rather than diagnosis or treatment, constitutes the principal function. The term "nursing home" shall include "rest home" and "convalescent home".

OFF-STREET PARKING SPACE: The space required to park one passenger vehicle, which space shall meet the requirements of this Title.

OPEN SPACE: The area reserved in parks, courts, playgrounds, golf courses and other similar open areas.

OPEN SPACE, USABLE: The area of a lot which is completely free and unobstructed from any structure.

PARKING LOT: 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 accommodation for clients or customers.

PEDESTRIAN WAY: See definition of Crosswalk.

PLANNED DISTRICT: A zoning district, the boundaries of which are to be shown on the Zoning Map, but the regulations for which shall be determined by a general development plan to be adopted by the City Council as part of this Title, after public hearings as required for other zoning districts.

PLANNED UNIT DEVELOPMENT (PUD): An integrated design for development of residential, commercial or industrial uses, or limited combinations of such uses, in which the density and location regulations of the district in which the development is situated may be varied or waived to allow flexibility and initiative in site and building design and location, in accordance with an approved plan and imposed requirements.

PLAT PLAN: A plat of a lot, drawn to scale, showing its actual measurements, the size and location of any existing building or buildings to be erected, the location of the lot in relation to abutting streets, and such other information as may be required by the Planning Commission.

PRE-EXISTING CONDITION: Any condition existing prior to the adoption of the Ordinance codified herein.

RECREATIONAL COACH PARK: Any area or tract of land or a separate designated section within a mobile home park where lots are rented or held out for rent to one or more owners or users of recreational coaches for a temporary time not to exceed thirty (30) days. Such park may also be designated as "overnight park".

RECREATIONAL COACH SPACE: A plat of ground within a recreational coach park designated and intended for the accommodation of one recreational coach.

RECREATIONAL VEHICLE: A vehicle, such as a travel trailer, tent camper, camp car or other vehicle with or without motive power, designed and/or constructed to travel on the public thoroughfare in accordance with the provisions of the Utah Vehicle Code, and designed for use as human habitation for a temporary and recreational nature.

SIGN: See Sign Ordinance, Title 10 of this Code.

SITE PLAN: A plan required by, and providing the information required by, Section 11-1-8 of this Chapter.

SOLAR ENERGY: Radiant energy (direct, diffuse and reflected) received from sun.

SOLAR ENERGY SYSTEM: A complete design or assembly consisting of a solar energy collector, an energy storage facility (where used), and components for the distribution of transformed energy (to the extent they cannot be used jointly with a conventional energy system). Passive solar energy systems are included in this definition but not to the extent that they fulfill other functions such as structural and recreational.

SOLAR SKYSPACE: The space between a solar energy collector and the sun which must be free of obstructions that shade the collector to an extent which precludes its cost-effective operation.

STABLE, PRIVATE: A detached accessory building for the keeping of horses owned by the occupants of the premises and not kept for hire, remuneration or sale.

STABLE, PUBLIC: Any stable where horses are boarded and/or kept for hire.

STORY, HALF: A partial story under a gable, hip or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls do not extend more than four feet (4') above the floor of such story, and the ceiling area of which does not exceed two- thirds (2/3) of the floor area of the same half-story.

STRUCTURE: Anything constructed, the use of which requires fixed location on the ground, or attachment to something having a fixed location upon the ground; includes "building".

TOWNHOUSE: A two (2) unit dwelling, constructed with a common wall, and for which the individual units are for sale or sold to separate owners.

VICINITY PLAN: A map or drawing, to scale, showing the physical relationships of the proposed development to existing or proposed streets, buildings and utilities; other relevant information such as special terrain or surface drainage, and existing zoning classifications of all land within three hundred feet (300') of the property proposed for development.

YARD: A required open space on a lot, other than a court, unoccupied and unobstructed from the ground upward, except as permitted elsewhere in this Title.

YARD, FRONT: A space on the same lot with a building, between the front line of the building and the front lot 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 of the building.

YARD, REAR: A space on the same lot with a building, between the rear line of the building and the rear lot line, 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.

YARD, SIDE: A space on the same lot with a building, between the side line of the building, and the side lot line and extending from 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.

ZONE: See definition of District.

ZONING ADMINISTRATOR: The local official designated by the City Council to enforce the regulations of this Title.

ZONING ORDINANCE: The Zoning Ordinance of the City.

Notes

1. See Title 9, Chapter 8 of this Code.

2. See also Title 9, Chapter 8 of this Code for mobile home provisions.

HISTORY

Ord. 41, 9-27-1994; amd. 2000 Code

Amended, Ord. 7-27-2021C, 7/27/2021

The construction, alteration, repair or removal of any building, structure, or part thereof, as provided or as restricted in this Title shall not be commenced except after the issuance of a zoning permit by the Zoning Administrator and a building permit from the Building Inspector. Work not started within one year of the date of permit issuance shall require a new permit.

HISTORY

Ord. 41, 9-27-1994; amd. 2000 Code

A detailed site plan, with scale and sheet size determined by the Zoning Administrator or Building Inspector, shall be filed as part of any application, prior to request for zoning permit. It shall show, where pertinent:

1. Scale of plan, and direction of north point.
2. Lot lines, adjacent streets, roads, rights of way.
3. Location of all existing structures on subject property and adjoining properties, with utility lines, poles, etc., fully dimensioned.
4. Location of proposed construction and improvements, with location and dimension of all signs.
5. Motor vehicle access, circulation patterns, with individual parking stalls, and curb and gutter, and sidewalk location.
6. Necessary explanatory notes.
7. Name and address, telephone number of builder and owner.
8. All other information required as determined by the Zoning Administrator or Building Inspector.

HISTORY

Ord. 41, 9-27-1994

The Zoning Administrator or Building Inspector is authorized to inspect or to have inspected all buildings and structures in the course of their construction, modification or repair, and to inspect land uses to determine compliance with this Title. The Zoning Administrator or Building Inspector, or any authorized employee of the City, shall use the right to enter premises for the purpose of determining compliance with this Title; provided, that such right of entry is to be used only at reasonable hours. In no case shall entry be made to any occupied building in the absence of an owner or tenant thereof without written permission of an owner, or written order of a court of competent jurisdiction.

HISTORY

Ord. 41, 9-27-1994

The Zoning Administrator or Building Inspector is authorized as the enforcing officer to this Title, and shall enforce all provisions, entering actions in court if necessary and his failure to do so shall not legalize any violations of such provisions. The City Council may, by resolution or ordinance, from time to time, entrust administration of this Title, in whole or in part, to another officer of the City, without amendment to this Title.

HISTORY

Ord. 41, 9-27-1994

Any building or structure erected, constructed, altered, enlarged, converted, moved or maintained contrary to provisions of this Title, and any use of land, building or premises established, conducted or maintained contrary to provisions of this Title shall be, and the same hereby is declared to be unlawful and a public nuisance; and the City Attorney shall, upon request of the City Council, at once commence action or proceedings for abatement and removal or enjoinment thereof in a manner provided by law, and take other steps and apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building or structure, and restrain or enjoin any person, firm or corporation from erecting, building, maintaining or using such building or structure or property contrary to the provisions of this Title. The remedies provided for herein shall be cumulative and not exclusive. 

HISTORY

Ord. 41, 9-27-1994

Beaver City Council may, from time to time, amend the number, shape, boundaries, uses, regulations of any zoning Ordinance.  Any proposed amendment shall be first submitted to the Planning Commission for its recommendation, which shall be returned within thirty (30) days. Before finally adopting any such zoning amendment, the governing body shall provide public notice of a public hearing, including a short summary of the proposed amendment and the time, date, and place of the hearing, in strict accordance with the minimum notice windows and publication mediums established by applicable Utah Code, including but not limited to Utah Code § 63G-30-102 and Utah Code § 10-20-201, as amended from time to time."

HISTORY

Ord. 41, 9-27-1994

All departments, officials and public employees of the City which are vested with duty or authority to issue permits or licenses shall conform to the provisions of this Title and shall issue no permit or license for uses, buildings or purposes where the same would be in conflict with the provisions of this Title, and any such permit or license, if issued in conflict with the provisions of this Title, shall be null and void.

HISTORY

Ord. 41, 9-27-1994

Fees may be charged an applicant for building, occupancy and conditional use permits, design review and planned unit development approval, Planning Commission and Board of Adjustment hearings, and such other services as are required by this Title to be performed by the City Council and be in amounts reasonably needed to defray costs to the public.

HISTORY

Ord. 41, 9-27-1994; amd., 2000 Code

Any person, firm or corporation (as principal, agent, employed or otherwise) violating, causing or permitting violation of the provisions of this Title shall be guilty of a Class C misdemeanor, and upon conviction thereof, subject to penalty as provided in Section 1-4-1 of this Code. Such person, firm or corporation intentionally violating this Title shall be deemed to be guilty of a separate offense for each day during which any portion of any violation of this Title is permitted or continued by such person, firm or corporation, shall be punishable as herein provided.

HISTORY

Ord. 41, 9-27-1994; amd. 2000 Code