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Levan City Zoning Code

16.18 SUPPLEMENTARY

REGULATIONS

16.18.010 EFFECT OF THIS CHAPTER

The general regulatory provisions set forth in this chapter qualify or supplement, as the case may be, the zone regulations appearing elsewhere in this ordinance. 

HISTORY
Adopted by Ord. 2017-01 on 10/4/2017

16.18.020 LOTS HELD PRIOR TO ORDINANCE

The requirements of this ordinance as to minimum building site area shall not be construed to prevent the use for a single-family dwelling (where otherwise permitted) of any lot or parcel of land in the event that such lot or parcel of land is undeveloped and held in separate ownership at the time this zoning ordinance became effective. 

HISTORY
Adopted by Ord. 2017-01 on 10/4/2017

16.18.030 OPEN SKY

Every part of a required yard shall be open to the sky, unobstructed except for accessory buildings in a rear yard, and except for the ordinary projections of skylights, sills, belt courses, cornices, stairways, and ornamental features. 

HISTORY
Adopted by Ord. 2017-01 on 10/4/2017

16.18.040 LOT STANDARDS

Except for planned unit developments and cluster subdivisions, and as otherwise provided in this ordinance, every lot, existing or intended to be created, shall have such area, width, and depth as is required by this ordinance for the zone district in which such lot is located and shall have frontage upon an approved, dedicated, and open public street before a building permit may be issued. 

HISTORY
Adopted by Ord. 2017-01 on 10/4/2017

16.18.050 EVERY DWELLING ON A LOT

Every dwelling structure shall be located and maintained on a separate lot having no less than the minimum area, width, depth, and frontage required by this ordinance for the zone district in which the dwelling structure is located, except that group dwelling complexes under single ownership and management which are permitted by this ordinance and have approval from the Planning & Zoning Board may occupy one lot for each such multi-structure complex. 

HISTORY
Adopted by Ord. 2017-01 on 10/4/2017

16.18.060 FIRE ESCAPES AND STAIRWAYS

Open or lattice-enclosed fire escapes, fireproof outside stairways, and balconies opening upon fire towers projecting into a yard not more than five feet and the ordinary projections of chimneys and flues are permitted. 

HISTORY
Adopted by Ord. 2017-01 on 10/4/2017

16.18.070 FENCES, GRADING, LANDSCAPING

  1. No fence shall be constructed, erected, or installed without first obtaining a fence permit from LevanTown. Approval of said permit shall be solely for the purpose of approving height, fence material, etc. The fee for a fence permit shall be established by the legislative body.
  2. SIDE AND REAR YARD FENCES 
    1. DEFINITION. For the purposes of this requirement, the Side Yard Area shall be defined as the areas from a side property line to the side of the main building that faces that property line, and extending from the back of the Front Yard Setback Area to the front of the Rear Yard Area. The Rear Yard Area shall be defined as the area extending across the full width of the lot between the back of the main building and the rear property line. The Side and Rear Yard Areas are illustrated at the end of this section. 
    2. HEIGHT RESTRICTIONS. In side and rear yard areas, including the side and rear yard areas of corner lots, a fence shall not exceed six feet (6') in height. Fences in the Side and Rear Yard Areas must comply with the Clear View Area requirements set forth in LMC 16.10.060.
  3. FRONT YARD FENCES. For residential districts, in any required front yard, or the required side yard on the street side of comer lots, an open-type fence not exceeding four feet (4’) in height maintained to permit clear, unobstructed visibility may be allowed. A solid-type fence, hedge, thick growth of shrubs, or trees shall not exceed three feet in height in any front yard, except that trees may be allowed that are trimmed to a height of at least ten feet (10’) above the sidewalk or finished grade and are maintained at that height. This provision shall not be interpreted as to prohibit the erection of any open-mesh-type fence enclosing elementary or secondary school sites.
  4. OBSTRUCTION OF VIEW. Any fence, grading, planting or construction that interferes with the traffic. Visibility of those using streets, sidewalks, driveways etc., is prohibited. 
  5. A solid-type fence is one that in the opinion of the administrator is closed sufficiently to block view of traffic.
  6. EXCEPTIONS. Certain other fences, such as tennis court backstops, patio enclosures, etc., in the front, side, or rear yards may be approved by the administrator if, in his opinion, they do not create a hazard or violation of other ordinances. 

HISTORY
Adopted by Ord. 2017-01 on 10/4/2017

16.18.080 AREA REGULATIONS

  1. Every main or residential building shall be located and maintained on a lot as defined by this ordinance, and all parts of said building shall be connected in a substantial manner. There shall not be more than one such building on a lot in residential districts, except as otherwise provided by this ordinance.
  2. No lot or parcel of land held under separate ownership at the time this ordinance became effective shall be separated in ownership or reduced in size below the minimum lot width or lot area required by this ordinance, nor shall any lot or parcel of land held under separate ownership at the time this ordinance became effective and which has a width or area less than that required by this ordinance be further reduced in any manner.
  3. No building or structure shall be erected, enlarged, or moved onto any lot which abuts a street having only a portion of its required street width dedicated, and where no part of such dedication would normally revert to said lot if the street were vacated, unless the yards provided and maintained in connection with such building or structure have a width or depth which is not less than the width or depth of that portion of the lot needed to complete the required street width, plus the width or depth of the yards required on the lot by this ordinance.
  4. The front yard required on a lot of record or held under separate ownership at the time this ordinance became effective shall be provided and maintained regardless of any subsequent change of lot lines which creates a new lot fronting on a street other than that on which said lot fronted at the time this ordinance became effective.
  5. No accessory building shall be structurally altered, converted, enlarged, or maintained for the purpose of providing living quarters or dwelling units unless such accessory building and all enlargements thereof are made to conform to all the regulations of this ordinance for new buildings.
  6. No required yard or other open space around an existing building or which is hereafter provided around any building for the purpose of complying with the provisions of this ordinance shall be used for the storage of junk, building material, debris, obsolete vehicles, commercial equipment, or buildings or equipment which are obsolete or in disuse.
  7. At each end of a through lot there shall be a front yard of the depth required by this ordinance for the zone in which each street frontage is located; provided, however, that one of such front yard may serve as a required rear yard.
  8. No required yard or other required open space around an existing building shall be separated in ownership from the portion of the lot upon which the building is located. 

HISTORY
Adopted by Ord. 2017-01 on 10/4/2017

16.18.090 SWIMMING POOLS AND RECREATIONAL FACILITIES

  1. Private swimming pools. Any private swimming pool not completely enclosed within a building having solid walls shall be set back at least five feet (5’) from property lines, and any semi-private swimming pool not completely enclosed within a building having solid walls shall be set back at least ten feet from property lines. Any swimming pool shall be completely surrounded by a fence or wall having a height of at least six feet (6’). There shall be no openings larger than thirty six inches (36”) except for gates which shall be equipped with self closing and self latching devices.

    Private swimming pools will be permitted where they can meet the necessary setback requirements. However, there must be no direct connection for drainage to the sewer system of the town. 

HISTORY
Adopted by Ord. 2017-01 on 10/4/2017

16.18.100 ANIMAL REGULATIONS

The keeping of animals for family food production, education, or recreation is allowed in a residential (R)district. The keeping of all animals is subject to applicable health codes. All animals must be housed, managed, fenced, and contained on the owner's property.

HISTORY
Adopted by Ord. 2017-01 on 10/4/2017
Amended by Ord. 2017-02 on 11/15/2017

2017-01

2017-02