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Salina City Zoning Code

CHAPTER 17

72 SUPPLEMENTARY AND QUALIFYING REGULATIONS

17.72.010 Applicability

The regulations hereinafter set forth in this chapter qualify or supplement, as the case may be, the zone regulations contained elsewhere in this zoning ordinance.

(ZO § 3-1)

HISTORY
Adopted by Ord. 2024-3 on 5/14/2024

17.72.020 Additional Use Regulations

The requirements of this zoning ordinance as to minimum site development standards shall not be construed to prevent a use as permitted in a respective zone of any parcel of land in the event such parcel was held in separate ownership prior to the initial enactment of the ordinance codified in this title. Each such parcel to be developed must have not less than sixteen (16) feet of frontage on a street, or as approved by the board of adjustment, and the density of development may not exceed that permitted by area requirements in the respective zone.

(ZO § 3-2)

HISTORY
Adopted by Ord. 2024-3 on 5/14/2024

17.72.030 Additional Main Building Regulations

Every main building shall be located and maintained on a "lot" as defined in Section 17.04.120, and every lot shall have required frontage on a "street" as defined in Section 17.04.120, except as follows:

  1. Where a parcel of land was in separate ownership prior to the initial enactment of the ordinance codified in this title as described in Section 17.72.020; and
  2. Where, under special circumstances of design of a parcel of land, the planning commission approves a lot split, as defined and provided for in the city subdivision ordinance, which may or may not have the required frontage as provided for in this title. Under no circumstances may the frontage be less than sixteen (16) feet.

(ZO § 3-3)

HISTORY
Adopted by Ord. 2024-3 on 5/14/2024

17.72.040 Additional Yard Regulations

  1. 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 zoning ordinance, shall be considered as providing a yard or open space for any other building; nor shall any yard or other required open space on an adjoining lot be considered as providing a yard or open space on a lot whereon a building is to be erected or established.
  2. On any lot under a separate ownership from adjacent lots and of record at the time of the initial enactment of the ordinance codified in this title and such lot having a smaller width than required for the zone in which it is located, the following regulations shall apply:
    1. For interior lots, each side yard may be equal to but not less than the same percentage of the required side yard width as the lot is of the required lot width, provided that in no case shall the smaller of the two side yards be less than five feet or the larger less than eight feet.
    2. On corner lots, each side yard may be equal to but not less than the same percentage of the required side yard width as the lot is of the required lot width, provided that in no case shall the side yard on the street side be less than fifteen (15) feet, and the other side yard shall be not less than five feet in all residential zones.
      On any interior lot where a private attached garage containing a sufficient number of parking spaces to meet the requirements of this title has a side yard equal to the minimum side yard required for a dwelling in the same zone, the width of the other side yard for the dwelling may be reduced to equal that of the minimum required side yard.
  3. 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 and other ornamental features.
  4. Open or lattice-enclosed fire escapes, fireproof outside stairways, and balconies opening upon fire towers may project into a yard not more than five feet, and the ordinary projections of chimneys and flues are permitted.
  5. No accessory building nor group of accessory buildings in any residential zone shall cover more than twenty-five (25) percent of the rear yard.
  6. No space needed to meet the width, yard, area, coverage, parking or other requirements of this title for a lot or building may be conveyed away from such lot or building, except as permitted by the board of adjustment, and any attempted conveyance or lease in violation hereof shall be void.
  7. No parcel of land which has less than the minimum width and area requirements for the zone in which it is located may be cut off from a larger parcel of land for the purpose, whether immediate or future, of building or development as a lot, except by permit of the board of adjustment.
  8. One zero side yard may be permitted when approved by the planning commission and city council, and only if the following requirements are met:
    1. The remaining one side yard is equal to the combined total of the required two side yards of the zone in which it is located;
    2. No window or other similar opening shall be installed in the building or any accessory building along the side having a zero side yard;
    3. No zero side yard will be permitted on the lot side bordering on a nonresidential zone or on a residential lot not utilizing zero side yard provisions;
    4. Use of the zero side yard provision is contingent upon development of or commitment to development of a zero side yard on an adjoining lot.

(ZO § 3-4)

HISTORY
Adopted by Ord. 2024-3 on 5/14/2024

17.72.050 Additional Height Regulations

  1. Penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain a building, and fire or parapet walls, skylights, towers, steeples, flagpoles, chimneys, smokestacks and water tanks, wireless or television masts, theater lofts, silos or similar structures may be erected above the height limits prescribed in the zone height regulations, but no space above the height limit shall be allowed for the purpose of providing additional floor space.
  2. No dwelling shall be erected to a height less than ten (10) feet, and no accessory building in a residential zone shall be erected to a height greater than twenty-five (25) feet.

(ZO § 3-5)

HISTORY
Adopted by Ord. 2024-3 on 5/14/2024

17.72.060 Animals And Fowl

No animals or fowl shall be kept or maintained closer than forty (40) feet from any dwelling, and not closer than seventy-five (75) feet from any dwelling on an adjacent lot. Any barn, stable, coop, pen, corral or enclosure for the housing or keeping of animals or fowl shall be kept, constructed or maintained not less than seventy-five (75) feet from a public street and not less than twenty (20) feet from any lot line and all animals shall be fenced or contained so as to keep the same not less than ten (10) feet from the high water marks of Salina Creek and the Sevier River where properties adjoin the same.

(Ord. 001001 § 2, 2000: ZO § 3-6)

HISTORY
Adopted by Ord. 2024-3 on 5/14/2024

17.72.070 Building Regulations

Domestic water supply and sewage disposal shall comply with the Sevier County health department requirements in all applications for a building permit where either an approved supply of piped water under pressure, or a sewer, is not available.

(ZO § 3-7)

HISTORY
Adopted by Ord. 2024-3 on 5/14/2024

17.72.080 Fence Height Regulations

  1. No fence or other similar structure shall be erected in any required front yard of a dwelling to a height in excess of four feet; nor shall any fence or other similar structure be erected in any side or rear yard to a height in excess of seven feet.
  2. On corner lots, no fence or other similar structure shall be erected in any yard bordering a street or front yard of an adjoining lot to a height in excess of four feet except in accordance with the traffic code.
  3. Where a fence is erected upon a retaining wall or where for other reasons there is a difference in the elevation of the surface of the land on either side of a fence, height of the fence shall be measured from a point halfway between the top of the retaining wall and the land on either side of the fence, but nothing herein contained shall be construed to restrict a fence to less than four feet in height measured from the surface of the land on the side having the highest elevation.
  4. Any fence being constructed to this four-foot height must allow for visibility from any driveway or on any corner. No vines or other shrubs will be allowed to grow that will obstruct the view of traffic or children.
  5. Building permits must be obtained for all fences.
  6. A six-foot or higher fence with barbed wire on top may be allowed, on all sides of a lot, in all commercial and manufacturing zones, provided that the fence is constructed as to allow visibility to traffic and/or pedestrians.

(Ord. 990301 § 1(h), 1999: ZO § 3-8) (Ord. No. 060101, § 2, 1-11-2006)

HISTORY
Adopted by Ord. 2024-3 on 5/14/2024

17.72.090 Lighting

  1. Exterior Lighting. No spotlight or floodlight shall be installed in any way which will permit the direct rays of such lights to penetrate into any residential zone or onto any property used for residential purposes.
  2. Light Not to Constitute Traffic Hazard. No light, sign or other advertising structure as regulated by this title shall be erected at the intersection of any street in such a manner as to obstruct free and clear vision; or at any location where, by reason of the position, shape or color, it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device or which makes use of the words, "STOP," "LOOK," "DRIVE-IN," "DANGER" or any other word, phrase, symbol or character in such manner as to interfere with, mislead or confuse traffic.

(ZO § 3-9)

HISTORY
Adopted by Ord. 2024-3 on 5/14/2024

17.72.100 Private Park, Playground Or Recreation Area

In all residential zones a private park, playground or recreation area, with or without a swimming pool, shall meet the following requirements:

  1. The lands and facilities used for such purpose shall owned or leased and operated by a nonprofit corporation for the exclusive benefit of the members, their immediate families and nonpaying guests.
  2. Adequate restrooms and sanitary facilities shall be provided and kept available for use by members, their families and guests, and shall be maintained in proper working order and in a clean and sanitary condition and in full compliance with the reasonable standards, rules and regulations established by the Sevier County health department.
  3. Twenty-five (25) off-street parking spaces, or one off-street parking space for each four memberships in the operating corporation, whichever is greater, shall be provided on the lot devoted to the principal use.
  4. Operation or use of the recreational or other facilities provided is forbidden between the hours of eleven p.m. to six a.m. next following.
  5. All facilities, equipment and buildings shall be set back not less than twenty (20) feet from any property line and shall be located not less than fifty (50) feet from any main building on an adjoining lot and from any area upon which any such main building may be constructed and from any area upon which any such main building may be constructed upon said adjoining lot if no such main building is in existence.
  6. The minimum size of the lot or suite used for such recreational or other purposes shall be one acre.
  7. Any lights used to illuminate the premises shall be installed in such manner that the source of light shall be suitably screened to avoid annoying illumination of lands outside said premises.

(ZO § 3-10)

HISTORY
Adopted by Ord. 2024-3 on 5/14/2024

17.72.110 Public Utility Substation

In all residential zones, public utility substations shall meet the following requirements:

  1. Each public utility substation in a residential zone shall be located on a lot not less than two thousand (2,000) square feet in area.
  2. Each public utility substation in a residential zone shall be provided with a yard on each of the four sides of the building or structure not less than five feet in width, except that for such stations located on lots fronting on a street abutted by one or more residential lots, the front yard, side yards and rear yard shall equal those required for a single-family residence in the same zone.
  3. Each public utility substation in a residential zone shall be located on a lot which has adequate access from a street, alley or easement.
  4. The location of public utility substations in a residential zone shall be subject to approval by the planning commission.

(ZO § 3-11)

HISTORY
Adopted by Ord. 2024-3 on 5/14/2024

17.72.120 Swimming Pool; Family

A family swimming pool shall be permitted in the rear yard of a dwelling as an accessory use provided the following requirements are met:

  1. The location of such family swimming pool or accessory machinery shall not be less than thirty-five (35) feet from any dwelling on an adjoining lot and not less than ten feet from any interior property line. On corner lots, the distance from said pool to the property line facing on a street shall not be less than the required side yard for accessory building in that zone.
  2. An outside family swimming pool shall be completely enclosed by a substantial fence of not less than five feet in height and any lights used to illuminate said pool or its accessories shall be so arranged as to reflect the light away from adjoining premises.

(ZO § 3-12)

HISTORY
Adopted by Ord. 2024-3 on 5/14/2024

2024-3