The following provisions shall be subject to the general regulations of this title and to the special provisions and exceptions in this and the following sections so as to secure the intent of this title. In all cases of administration and enforcement of this title for which no other specific provisions are made in this section and other provisions herein, the planning commission shall provide for the same by order, resolution or the adoption of a rule, regulation or by-law, which provisions shall be in accord with and consistent with the objectives and standards of this title. Uses not specified within use districts are prohibited unless determined by the planning commission or its authorized representative to be similar in nature to those specified.

(Ord. 445 Ch. 2 §1A, 1981).

It is not intended by this title to impair or interfere with other regulations of state or local law, or with private restrictions on the use of land, improvements, and structures. Where this title imposes greater restriction than that imposed by other law or private restrictions, this title shall prevail.

(Ord. 445 Ch. 4 §3, 1981).

Whenever any uncertainty exists as for the boundary of any district shown on any zoning map, the following rules shall apply:

A.

Where any such boundary line is indicated as following a street, alley or public way, it shall be construed as following the centerline thereof.

B.

Where a boundary line is indicated as approximately following a lot line, such lot line shall be construed to be such boundary line.

C.

Where a boundary line divides a lot or crosses unsubdivided property, the location of such boundary shall be indicated upon the zoning map.

(Ord. 445 Ch. 2 §1B, 1981).

Any single lot or parcel of land, which was of record and a legal lot at the time of adoption of the ordinance codified in this title, but does not meet the requirements of the district in which it is located for minimum lot width and area, may be utilized if all other requirements of this title are met.

(Ord. 445 Ch. 2 §1C, 1981).

Certain structures within and projections into required yard areas are permitted, as herein specified, and shall not be considered to be obstructions or included in the calculation of coverage unless otherwise specified:

A.

Cornices, canopies, eaves or other projections which do not increase the volume of space enclosed by the building; provided, however, that none of these shall project into any required yard more than two feet;

B.

Exterior stairs of open design; provided, that no such stairs shall project into a required front or side yard more than three feet and into any rear yard more than six feet;

C.

Fences, walls, and hedges are permitted in any required yard or along the edge of any yard to a height of six feet; provided, that no fence, wall, or hedge along the sides or front edge of any front yard shall be over three feet in height; provided, however, that if said fence is a see-through fence, such fence may be built to a height not to exceed four feet. On a corner lot in any residential district, nothing, except see-through fences to a maximum height of four feet which do not materially impede vision, shall be erected, placed, planted, or allowed to grow in any such manner between a height of three feet and ten feet above the centerline grades of intersecting streets bounded by the property lines of such corner lots on a line joining points along said property lines for thirty feet.

(Ord. 465 §1, 1983; Ord. 445 Ch. 2 §1D, 1981).

A.

Any use lawfully occupying a building or land at the effective date of the ordinance codified in this title, or of subsequent amendments thereto, which does not conform to the regulations for the district in which it is located shall be deemed to be a nonconforming use and may be continued. Maintenance and minor repairs necessary to keep a nonconforming use in sound condition during such continuance shall be permitted.

B.

A nonconforming building may be enlarged or extended only if thereafter the entire building is devoted to a conforming use.

C.

No building partially occupied by a nonconforming use shall be altered in such a way to permit the enlargement or expansion of the space occupied by such nonconforming use.

D.

No nonconforming use may be enlarged or extended in such a way as to occupy any required open space, or any land beyond the boundaries of the lot on which it existed at the effective date of the ordinance codified in this title, nor may any such nonconforming use displace any conforming use in the same building or on the same parcel.

E.

Any nonconforming building destroyed by fire or other calamity to an extent of fifty percent or more of the appraised value may not be restored unless such restoration shall make the building a conforming building and any intended use shall be a conforming use; provided, however, that nothing in this title shall be construed to prevent the restoration and the resumption of former lawful use of any building that is damaged or partially destroyed by fire, or other calamity, to the extent of less than fifty percent; provided, that such restoration is started within one calendar year and diligently prosecuted to completion.

F.

Whenever a nonconforming use of land or building has been discontinued for a period of one year, or whenever there is evidence of a clear intent to abandon a nonconforming use, such use shall not thereafter be reestablished, and the uses of the premises thereafter shall be in conformity with the regulations of the use district.

G.

Regardless of the provisions of subsections A through E of this section, and those uses allowed under other provisions of Title 17, Soda Springs Municipal Code, where there are agricultural grain storage sheds or bins used exclusively for the storage of grain or grass seed located on property within the city for private and noncommercial storage of grain, the owner of said property may expand said grain sheds or bins or construct new sheds or bins for the same purpose within the use district in which said property and prior existing facilities are located so long as the same is located upon the same parcel of property as the prior existing facilities, and subject to owner obtaining and the city approving a conditional use permit for same.

(Ord. 482 §1, 1987; Ord. 445 Ch. 2 §1E, 1981).

A.

When the intensity of use of any building, structure or premises is increased through the addition of dwelling units, gross floor area, seating capacity or other units of measurement specified as requiring parking facilities as required herein shall be provided for such increase in intensity of use.

B.

Whenever the existing use of a building or structure shall hereafter be changed to a new use, parking or loading facilities shall be provided as required for such new use.

C.

Access to parking spaces as required herein for commercial and industrial uses shall be not less than twelve feet wide and not more than forty feet wide at the curb line.

D.

No lawfully existing building shall be deemed to be a nonconforming building solely because of the lack of any such required spaces; provided, that space being used for off-street parking or loading in connection with any such building at the time of the effective date of the ordinance codified in this title shall not be further reduced in area or capacity.

E.

When the calculation of the required number of spaces called for herein results in a fractional number, fractions equal to or greater than one-half shall be adjusted to the next higher whole number of spaces.

F.

Parking space requirements for a use not specifically mentioned shall be the same as for a use specified which has similar traffic generating characteristics.

G.

Except as required for dwellings and motels, off-street parking facilities for several buildings, structures or uses, or for mixed uses, may be provided collectively provided that the total number of spaces so located together shall not be less than the sum of the separate requirements for each of the buildings or uses.

H.

Every open off-street parking area having more than four parking spaces shall be hard-surfaced, including access driveways.

I.

Lighting used to illuminate off-street parking areas shall be directed away from residential properties, and such parking areas shall be effectively screened on any side adjoining property in a residential zone by a wall, fence, or hedge to a height of six feet except for the front yard setback area of the adjoining residential property, in which case the maximum height shall be three feet.

J.

Required parking spaces for dwellings shall be upon the same premises as the dwelling.

K.

Parking spaces as hereinafter set forth shall be provided for all uses allowed and conditional uses permitted in any zone; provided, that a greater number of spaces may be required in any case where a conditional use permit is involved.

1.

For each dwelling unit, two spaces as defined herein, sufficient for a garage or carport.

2.

For each dwelling unit in a multiple-family dwelling of four units or less, two spaces as defined herein, sufficient for a garage or carport; provided, however, that for each dwelling unit in a multiple-family dwelling of five units or more, two spaces as defined herein, sufficient for a garage or carport shall be provided for each of the first four units, and one and one-half spaces shall be provided for each additional unit thereafter.

3.

For each guest bedroom in a hotel, motel, club, lodging house, fraternity or sorority house, one parking space; plus one parking space for each three beds in a dormitory in the above.

4.

For each four beds in a convalescent, nursing or rest home, sanitarium or home for the care of children or the aged, one parking space; plus one parking space for each doctor assigned full time to the staff, plus two parking spaces for each three other employees.

5.

For a hospital, one parking space for each one thousand square feet of net floor area plus one parking space for each four regular employees.

6.

For a church, auditorium, theater, or sports arena, one parking space for each five seats in the principal assembly room or area.

7.

For floor space used by the public or by members in a social hall, dance hall, night club, pool hall, restaurant, or other similar enterprise or establishment, a number of parking spaces equal to twenty percent of the capacity in persons. For the purposes of this chapter, capacity in persons shall mean the gross floor area divided by fifteen square feet.

8.

For a bowling alley, two parking spaces for each alley.

9.

For a drive-in theater, a reservoir space at the entrance containing one parking space for each ten vehicles accommodated within.

10.

Business offices, not otherwise specified, one parking space for each two hundred fifty square feet of net floor area.

11.

Medical or dental office or clinic, one parking space for each two hundred fifty square feet of net floor area.

12.

Mortuary, twelve parking spaces.

13.

Retail stores, banks and shops other than as specified below, one parking space for each two hundred square feet of net floor area in excess of two thousand square feet; and for drive-in banks, three additional parking spaces for each teller window.

14.

Retail sales establishments handling only durable goods or bulky merchandise such as machinery, furniture or vehicles, personal service and repair shops, wholesale stores, one parking space for each six hundred square feet of net floor area in excess of two thousand square feet.

15.

For manufacturing establishments, one parking space for each employee, based on the greatest number of employees at any one time.

16.

For every building hereafter erected containing more than fifteen thousand square feet in area and which is designed to be occupied by any use requiring regular receipt or dispatch of merchandise by truck, there shall be provided and maintained with adequate design to provide safe and efficient means of access and maneuvering, one loading space not less than thirty feet in length and ten feet in width exclusive of access platforms and maneuvering areas.

(Ord. 456 §1, 1982; Ord. 445 Ch. 2 §1G, 1981).

Provisions pertaining to mobile homes and recreational vehicles shall not apply to the storage of recreational vehicles or campers on the site of a permanent residence. Mobile homes may be located on construction sites for a period not to exceed one year when the council finds that the location of the same is necessary to secure the construction site. The city may direct that mobile homes be located on properties owned by the city and dedicated for use as an airport or park facilities for purposes of security.

(Ord. 445 Ch. 2 §1H, 1981).