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Smithfield City Zoning Code

17.84 INTRABLOCK

DEVELOPMENT

17.84.010 PURPOSE OF CHAPTER

The city recognizes the importance of development within the intrablocks as a means of eliminating visual blight, maximizing the use of existing utilities, reducing potential fire hazards associated with uncontrolled vegetation, and reducing the potential for urban sprawl. Therefore the purpose of this chapter is to provide, through conditional use process, a means by which the interior area of the ten (10) acre square blocks within the city can be developed in an efficient and orderly manner, when no other reasonable means is available, provided such development does not create undue hardship on the city.

HISTORY
Adopted by Ord. 15-20 on 11/11/2015

17.84.020 PROVISIONS

The requirements of this title shall not prevent the development of a single-family dwelling or multiple-family dwellings on an individual intrablock lot, as defined in SMC 17.04 of this title. Whenever possible, intrablocks shall be developed by meeting the requirements of this title and SMC title 16 of this code, the subdivision ordinance, provided the following conditions are satisfied:

  1. That the intrablock lot is allowed as a conditional use in the zone in which the lot is located;
  2. Private access roads will be permitted only in cases where public streets or portions of public streets are not possible or, when they are not financially feasible because of the need to remove a dwelling or other primary structure. When permitted, the private access for one housing unit shall have a minimum right of way width for ingress-egress of twenty feet (20'); the private access for two (2) or three (3) housing units shall have a minimum right of way width of twenty six feet (26'); and the private access for four (4) or more housing units shall have a minimum right of way width of thirty feet (30'). Private access roads shall be constructed with a gravel base, concrete or asphalt surface, and gravel shoulders which shall be a minimum three feet (3') in width on each side of the concrete or asphalt surface, and free of any trees or large shrubs. The concrete or asphalt surface on private roads shall be a minimum fourteen feet (14') wide for access to one housing unit, twenty feet (20') wide for access to two (2) or three (3) housing units, and twenty four feet (24') wide for access to four (4) or more housing units. The private road shall be located within the right of way so as to allow for the minimum gravel shoulders;
  3. When the undeveloped intrablock is owned by multiple property owners, each with the potential to develop intrablock lots, placement of the access right of way shall be such that it can be used by multiple property owners. In the event only one of the multiple intrablock property owners is seeking intrablock development approval, consideration shall be given to the placement and width of the access road to accommodate potential future intrablock lots. In no case shall the developing property owner be required to provide and improve an access road right of way in excess of that required for the lots being developed. However, the city may require the initial developer or developers of the intrablock to grant a right of way to other property owners within the intrablock for their future use. In turn, future developers of the intrablock may be required to grant similar rights of way to previous developers or owners of the intrablock property if additional right of way width is necessary. In doing so, multiple accesses can be minimized in favor of a single jointly used access;
  4. That the private right of way shall not be included in or allowed to be a part of the required lot area, or front, rear, or side yard space, of any proposed lot or existing lot.  Except, private right-of-ways may encroach up to fifty percent (50%) into the required side yard of any existing dwelling but in no case shall the right-of-way be closer than five feet (5') to any existing dwelling.
  5. That any private right of way shall be granted to and for the use of the owners of the intrablock lots through a dedication appearing on a final plat as required under SMC 17.84.030A of this chapter;
  6. That the owner or developer will be responsible for the extension of all utilities, roadways, drainage improvements and other improvements necessary and/or required for the development of the intrablock property. All construction shall be subject to approval and inspection by Smithfield City;
  7. That consideration be given to the placement of proposed dwellings so as to ensure compatibility with surrounding neighborhoods and to guard against unnecessary privacy encroachment of existing homes.
    1. Within ninety (90) days after receiving final approval of an intrablock development, any property owner who is adjacent to an intrablock lot, and who feels his/her privacy is being imposed upon, the city may require the construction of a six foot (6') privacy fence between the two (2) properties. The existing property owner and the intrablock developer shall decide the style of fence and shall share equally in the cost of installing the fence. The quality or cost of the fence shall not be required to exceed that which is comparable to a six foot (6') solid white vinyl fence;
    2. Whenever possible, proposed intrablock dwellings shall be placed such that front yards do not face rear or side yards of other intrablock lots or existing lots;
    3. Buildings, including dwellings in excess of one story or twenty five feet (25') shall not be permitted;
  8. That the minimum width of any intrablock lot shall not be less than the minimum frontage for lots in the zone in which the intrablock lot is located;
  9. That for purposes of setback, buildings shall be placed so as to maintain the required setback distances established for the zone with minimum setbacks from private driveways being equal to those of a public street.

HISTORY
Adopted by Ord. 15-20 on 11/11/2015

17.84.030 SUBDIVISION REQUIREMENTS

  1. For intrablock developments, the provisions of the subdivision ordinance shall be satisfied upon obtaining the approval of a final plat as required under SMC 16.12 of this code. The submitting and approval of a preliminary plat shall not be required.
  2. All required subdivision improvements outlined in SMC 16.20 of this code shall be constructed. However, upon recommendation by the planning commission, the city council may waive certain improvements if deemed to be in the best interest of the city and the developer. All requested waivers must be submitted by the owner/developer as part of the application process.
  3. Public owned improvements constructed as a requirement of this chapter shall be designed by a registered civil engineer.
HISTORY
Adopted by Ord. 15-20 on 11/11/2015
Amended by Ord. 21-04 on 3/10/2021

17.84.040 DEVELOPMENT PLAN

The developer or owner shall prepare an intrablock development plan, which shall be reviewed by the Administrative Land-Use Authority, prior to submittal to the Smithfield City planning commission and city council. The proposed plan shall provide the following information:

  1. The development plan shall be drawn to scale of at least one inch equals fifty feet (1" = 50') and should contain the north arrow point;
  2. All property boundaries, easements and rights of way, and owners of parcels or lots in the block where the intrablock development is proposed;
  3. All existing streets and the location of the proposed access to the development including any future roadway extensions for further block development;
  4. The location and dimensions of all proposed lots, streets and easements;
  5. All existing structures adjacent to the development and the tentative location, orientation, and dimensions of proposed dwellings clearly designating the location and dimension of all required yard spaces;
  6. All existing irrigation ditches and drainageways and the proposed method of disposal of surface drainage;
  7. The location of existing and proposed utilities;
  8. The location and type of existing and proposed fences;
  9. Any other information pertaining to the proposed development as requested by the planning commission.
HISTORY
Adopted by Ord. 15-20 on 11/11/2015
Amended by Ord. 24-17 on 8/28/2024

17.84.050 PUBLIC HEARING

A public hearing shall be held by the planning commission after public notice has been provided as listed in Utah Code Annotated.

HISTORY
Adopted by Ord. 15-20 on 11/11/2015
Amended by Ord. 21-15 on 4/14/2021

17.84.060 PERFORMANCE BOND

A building permit shall not be issued for any dwelling or structure to be placed in the intrablock development unless the owner or developer shall furnish the city a form of security which will ensure the proper and prompt installation of all improvements as required by this chapter. Forms of acceptable security and amounts of said security shall be limited to those which are listed in SMC 16.22.010 of this code.

HISTORY
Adopted by Ord. 15-20 on 11/11/2015

17.84.070 FEES

Any and all persons requesting approval on an intrablock development shall first have paid all fees set forth by the most recent prevailing fee schedule adopted by resolution of the Smithfield City council. In the event the original submittal is not approved and a second, third, etc., submittal is required, a fee shall be paid to the city on an hourly basis for the time incurred in checking and approving the submittal. All hourly fees shall be based on the most recent prevailing fee schedule adopted by Smithfield City.

HISTORY
Adopted by Ord. 15-20 on 11/11/2015

15-20

21-04

24-17

21-15