The purpose of this chapter is to provide for miscellaneous land development standards which are applicable throughout Kamas City regardless of the zone. The requirements of this chapter shall be in addition to the property development standards contained within the provisions of each respective zone. The provisions of this chapter shall prevail over conflicting provisions of any other chapters herein.

(Ord. 2015-04, 11/10/2015)

Boats, boat trailers, or travel trailers may not be placed, kept, or maintained within the front yard areas of any zone, except that such boats or trailers may be located anywhere on the lot, except a corner lot for a temporary period not to exceed 24 hours for loading and unloading purposes, or for temporary storage not to exceed seven days if such facility is owned by a bona fide guest of the occupants of the premises.

(Ord. 2015-04, 11/10/2015)

It shall be unlawful for any person to place, keep, or maintain or permit to be placed, kept, or maintained, a mobile home upon any lot, piece, or parcel of land within Kamas City except in a mobile home park or mobile home subdivision with the following exceptions:

1.

A mobile home may be placed as a single-family dwelling in a residential or agricultural zone, provided the placement thereof meets all of the provisions of this land use ordinance; and that all applicable standards as set forth in KMC 15.12 of this land use ordinance are complied with.

2.

A mobile home may be temporarily placed or stored upon a lot, except in the clear vision area, for a period not to exceed 24 hours for loading and unloading purposes, or for temporary storage not to exceed seven days if such facility is owned by a bona fide guest of the occupants of the premises.

3.

A mobile home may be placed upon the rear half of a lot in a residential zone during the construction of a permanent residence, provided the following conditions are met:

a.

A building permit for construction of the permanent residence has been issued prior to location of the mobile home on the site.

b.

That said mobile home remains on the site only until final inspection is granted on the permanent residence, and in no event for a period exceeding one year.

4.

A mobile home may be used for a temporary construction office on the site of the construction of a building only until said building or buildings are completed and a final inspection is granted, and ten days thereafter.

5.

A mobile home may be located for temporary expansion of a commercial or industrial use legally existing on any site if first approved by the city council and under the following conditions:

a.

That said mobile home shall be allowed for a maximum period of one year, with a possibility of one renewal by the city council for a maximum additional period of one year upon request of the property owner.

b.

That said mobile home shall be located in a side yard or rear yard area only and not in the front yard of a permanent building, and that it shall be made as inconspicuous as possible.

(Ord. 2015-04, 11/10/2015)

It shall be unlawful to park, store, or leave or to permit the parking, storing or leaving of any licensed or unlicensed motor vehicle of any kind or part(s) thereof, which is in a wrecked, junked, partially dismantled, inoperative, or abandoned condition, whether attended or not, upon any private property within Kamas City limits for a period of time in excess of 72 hours, except that two or less such vehicles or parts thereof may be stored if within a building or placed behind an opaque screening fence.

The accumulation and storage of more than two such vehicles or part(s) thereof, on private property shall constitute a nuisance detrimental to the health, safety, and welfare of the inhabitants of Kamas City. It shall be the duty of the owner of such vehicle or part(s) thereof or lessee or other person in possession of private property upon which such vehicle or part(s) thereof is located, to remove the same from such property.

(Ord. 2015-04, 11/10/2015)

No trucks, motor vehicles, or commercial trailers which exceed the capacity of 1.5 tons shall be stored or parked on any lot or parcel within any residential zone, nor shall any contracting and/or earth moving equipment be stored or parked on any lot or parcel in a residential zone.

(Ord. 2015-04, 11/10/2015)

The creation of new flag/panhandle lots is not permitted. Existing flag/panhandle lots that were lawfully created and platted shall comply with the following requirements:

1.

The lot has at least 20 feet of frontage on a dedicated public street, which frontage serves as access only to the subject parcel;

2.

The 'handle' portion of the lot is a minimum width of 20 feet, and not more than 150 in length; landscaping shall be permitted in 'handles' wider than 20 feet, provided the minimum pavement width of 20 feet is met;

3.

That the body of the lot meets the lot requirements of the applicable zone. The area of the 'handle' shall not be included within the minimum lot area requirement. The home and all accessory building shall meet existing setbacks for the zone;

4.

The 'handle' shall be free from any obstructions such as, but not limited to fences, ditches, trees poles, signs, parking, etc.;

5.

The depth of the front yard shall be the distance of the front lie of the building and the property line or nearest line of the right-of-way or 'handle' which the building faces;

6.

Each panhandle lot shall access a street by means of its own right-of-way (handle). Successive stacking of lots on the same right-of-way is not permitted;

7.

The handle of each lot shall be paved with asphaltic or concrete;

8.

A fire hydrant must be located within 250 feet of a residence located on a panhandle lot;

9.

The home and all accessory building shall be a maximum of one-story in height, with a maximum height no greater than 27 feet above finished grade;

10.

For any lot with substandard access less than 20 feet in width, the owner shall be required to provide additional approval by the fire department for the access;

11.

The owner of the panhandle lot shall be responsible for the construction, maintenance, and repair of the private access road;

12.

Utility facilities and lines shall be contained within the handle of the lot or within a resolute and recorded easement through the lot adjacent to the handle of the panhandle lot. The owner of the panhandle lot shall be responsible for the construction, maintenance, and repair of all utility facilities and lines.

(Ord. 2015-04, 11/10/2015; Ord. No.2023-07, § 1, 10/10/2023)

1. ;hg;

a.

Except as provided in this section, a nonconforming use or noncomplying structure may be continued by the present or a future property owner.

b.

A nonconforming use may be extended through the same building, provided no structural alteration, or increase in height of the building is proposed or made for the purpose of the extension.

c.

Any addition or expansion to a noncomplying structure cannot add to the nonconformity. Any addition must meet current zoning standards and setbacks unless the applicant applies for enlargement or structural alteration as described in subsection 3 of this title.

d.

For purposes of this section, the addition of a solar energy device to a building is not a structural alteration.

2.

The legislative body may provide for the termination of non-abandoned nonconforming uses by adopting an ordinance or resolution with a formula establishing a reasonable time period during which the owner can recover or amortize the amount of his investment in the nonconforming use, if any.

3.

The legislative body, after the recommendation of the planning commission, may permit an enlargement or structural alteration of a noncomplying structure if the structure has been reviewed by City staff for compliance with this section and if the applicant can prove by clear and convincing evidence the following:

a.

The proposed change would not impose any unreasonable or detrimental impact on neighboring properties or uses;

b.

The proposed change would not violate building or fire code or encroach upon or impede access to a public utility or similar easement;

c.

The proposed change is in harmony with the surrounding neighborhood and adds to the overall character and value of the neighborhood;

d.

The proposed change would be consistent with the intent of the General Plan, this section, and the purpose of the applicable zoning district;

e.

The proposed change will not take away parking. If parking is currently unavailable on the lot, the proposed change provides adequate off-street parking; and

f.

The proposed change would not substantively increase the nonconforming status of the structure or property in a manner that creates problems with or impediments to future enforcement of applicable land use regulations and other City ordinances.

Notice. The applicant shall provide the city with one set of addressed, stamped envelopes to all property owners within 300 feet of the subject property. Such notice shall be mailed at least seven days prior to the planning commission consideration. The city planner shall provide reasonable notice of all public hearings and meetings and shall contain a description of the property, with a brief description of the proposed change, and the date, place, and time of the public hearing.

The planning commission may recommend, and the legislative body may impose any conditions necessary to ensure that the requirements of this subsection pertaining to the proposed change are met. The legislative body shall issue a written decision approving or denying the application and describing any conditions required.

4.

A municipality may not prohibit the reconstruction or restoration of a noncomplying structure or terminate the nonconforming use of a structure that is involuntarily destroyed in whole or in part due to fire or other calamity unless the structure or use has been abandoned. Reconstruction and restoration will be limited to the footprint and height of the original structure unless the applicant applies for enlargement or structural alteration as described in subsection 3 of this title.

5.

A municipality may prohibit the reconstruction or restoration of a noncomplying structure or terminate the nonconforming use if:

a.

The structure is allowed to deteriorate to a condition that the structure is rendered uninhabitable and is not repaired or restored within six months after written notice to the property owner that the structure is uninhabitable and the noncomplying structure or nonconforming use will be lost if the structure is not repaired or restored within six months; or

b.

The property owner has voluntarily demolished a majority of the noncomplying structure or the building that house the nonconforming use without a prior written agreement with the City.

c.

The nonconforming use has been discontinued or abandoned for a one year period or the primary structure associated with the nonconforming use remains vacant for a period of one year.

d.

The nonconforming structure has remained vacant for a period of one year.

(Ord. 2015-04, 11/10/2015; Ord. No. 2024-02, 2/13/2024)

1.

Condominium projects other than mixed use projects allowed under KMC 15.37 shall follow and be subject to the requirements and procedures for major subdivisions and shall be treated as a subdivision under this code except where expressly exempted under this code or applicable state law.

2.

Condominium projects consisting entirely of non-residential uses shall not be subject to the public hearing requirements set forth in KMC 15.18.050.

3.

In addition to all other information required for final review and approval of a condominium plat under KMC 15.18.050, the applicant shall submit a proposed declaration for the condominium project that meets the requirements of the Utah Condominium Ownership Act and provides for the private maintenance, upkeep, and operation of all private infrastructure and amenities within the condominium project and plat, including roads and accesses, utility facilities, recreational areas, and open spaces.

4.

Condominium plats that receive final approval shall comply with all conditions of approval, shall be recorded simultaneously with the approved declaration, and shall be recorded within two years of final approval or the final approval and plat shall be rendered void.

5.

Condominium plats may not be recorded prior to the completion of all required public improvements and infrastructure unless the applicant provides an improvement completion assurance and warranty in conformance with city code and state law.

6.

Appeals regarding condominium projects and the approval, approval with conditions, or denial of any condominium project or plat shall follow the process for appeals set forth in KMC 15.05.

(Ord. No. 2022-06, § 1(Exh. A), 3/8/2022)