Chapter 1 General Provisions………………………………………………………………..… 2
Chapter 2 Definitions………………………………………………………………………....…… 3
Chapter 3 Administration Regulations………………………………………………….. 12
Chapter 4 Conditional Use Permits………………………………………………………. 15
Chapter 5 Residential-Agricultural (RA) Zone………………………………………. 18
Chapter 6 Commercial (C) Zone………………………………………………....……….... 23
Chapter 7 Supplementary Development Standards……………………….…….. 33
Chapter 8 Temporary Uses………………………………………………………..………….. 36
Chapter 9 Non Conforming Uses……………………………………………….…………. 38
Chapter 10 Off Street Parking Standards………………………………………....…… 40
Chapter 11 Subdivision Ordinance………………………………………………………… 41
Chapter 12 Sign Ordinance…………………………………………………………….……… 49
Chapter 13 Weeds ………………………………………………………………………........…… 51
Chapter 14 Burn Ordinance ………………………………………………………………………..
Chapter 15 Short Term Rental Agreement................................................................................
1.1 Short Title
1.3 Conflicting Provisions
1.3.3 Effective Date
1.1 SHORT TITLE
This ordinance shall be known as the PLANNING AND ZONING ORDINANCE OF FAYETTE and may be so cited and pleaded. Said Title shall be referred to herein as “This Title”.
The purpose of This Title is designed and enacted to promote the health, safety, morals, convenience, and general welfare of the inhabitants of Fayette Town and to:
- Encourage and facilitate the orderly growth and development of the town.
- Provide adequate light and air, to prevent overcrowding and congestion of the land and streets, and to avoid undue concentration of population.
- Secure economy in municipal expenditures.
- Create and Facilitate adequate provisions for transportation, water, parks, land use, and other public requirements.
- Promote the security of home life, foster the improvement of morals, develop and preserve a more favorable environment for citizens and visitors.
- Stabilize and improve property values by preventing obsolescence and degeneration of buildings.
- Secure safety from fire, floods, panic, traffic hazards, and other dangers.
- Foster an economic, cultural, and social environment, which will enhance the well being of all citizens.
- Promote beauty in town development, which is the desired result of recognition and enforcement of This Title as well as the result of an orderly and planned use of resources.
1.3 CONFLICTING PROVISIONS
This Title shall not nullify the more restrictive provision of covenants, agreement, other laws, or general ordinances of the town, but shall prevail and take precedence over such provisions, which are less restrictive.
In Interpreting and applying the provisions of This Title the requirements contained herein shall be held to be the minimum adopted for the promotion of public health, safety, and welfare.
Amendments to This Title or zone map may be made by the Town Council after the proposed amendment shall first be submitted to the Planning and Zoning Commission for its recommendation to the Town Council.
1.3.3 EFFECTIVE DATE
The ordinance codified in This Title shall take effect on ____________________.
APPLICABILITY – DEFINITIONS IN OTHER ORDINANCES
The words and terms defined in this Chapter shall have the meanings indicated. Words used in the present tense include the future, and words in the singular number include the plural, and words in the plural include the singular. Words not included herein but defined elsewhere in the Town Ordinances shall be construed as termed therein. The word “shall” is mandatory.
Access Strip – A strip of land that is part of a lot and provides access to the part thereof used or to be used for buildings or structures.
Agriculture – The tilling of the soil, the raising of crops, horticulture and gardening, including keeping or raising of domestic animal and fowl, except household pets, and not any agricultural industry or business, such as food packing or processing plants, fur farms, animal hospital or similar uses.
Alley – A public thoroughfare for the use of pedestrians and vehicles, which affords, or is designated or intended to afford, a secondary means of access to abutting properties.
Apartment – A rented room, or a suite of two or more rented rooms designated, or intended for, or occupied by, one family for living and sleeping purposes.
Area – The aggregate of the maximum horizontal cross section within given boundaries.
Basement – A story partly underground. A basement shall be counted as a story, for purposes of height measurement, if at least one-half (1/2) its height is above the average level of the adjoining ground.
Board of Adjustments – A group of appointed citizens who hear and rule on any disputations of Town and Zoning Ordinances.
Boarding House – A building with not more than five (5) guest rooms where, for compensation, meals are provided for at least five (5) but not more than fifteen (15) persons.
Building – Any structure other than a boundary wall or fence.
Building, Accessory – A detached building or a portion of the main building on a lot, the use of which is clearly incidental to that of a main or principal building.
Building, Attached – A building or buildings connected by any two of the following: a common wall, a continuous wall, a continuous foundation, or a continuous roofline. Wall or fences, patios, terraces or other roofed accessory uses open on at least two sides shall not constitute an attached building.
Building, Detached – A building surrounded by open space on the same lot.
Building Façade – That portion of an exterior elevation of a building extending from grade to the top of the parapet wall or eaves and the entire width of the building elevation.
Building Façade Facing – A resurfacing of an existing façade with approved material illuminated or non-illuminated.
Building, Height of – The vertical distance from the grade elevation to the highest point of the coping or a flat roof, or to the deck line of a mansard roof, or to a point midway between the lowest part of the eaves or cornice and ridge of a pitch or hip roof.
Building, Line – A line parallel to the front lot line and at a distance there from equal to the required depth of the front yard and extending across the entire width of the lot.
Building, Main – A building in which is conducted the principal use of the lot on which it is located.
Building, Public – A building owned and operated, or owned and intended to be operated by a public agency of the United States of America, of the State of Utah, or any of its political subdivisions.
Carport – A covered automobile parking space not completely enclosed by walls or doors. A carport shall be subject to all regulations described in this Title for a private garage.
Car Wash, Laundry Type – A structure or portion thereof containing facilities for washing passenger automobiles, using production line methods such as, but not limited to, chain conveyor, movable or revolving cleaning brushes, blower, steam cleaning, or other mechanical devices.
Car Wash, Manual Spray – A structure or portion thereof containing facilities for washing passenger automobiles, limited to using only hand operated manual spray cleaning equipment and techniques.
Cellar – A story having more than one-half (½) its height below the average level of the adjoining ground. A cellar shall not be counted as a story for the purpose of height measurement.
Center Line of Street – That line designated as “Center Line” in any Street in the Town of Fayette by the records of the County Recorder.
Common Open Space – The land area in a Planned Unit Development (PUD) reserved and set aside for recreational uses, landscaping, open green areas, parking and driveway areas for the common use and enjoyment of the residents of the PUD.
Common Open Space Easement – A required right-of-way granted to Fayette Town by the Owner of a Planned Unit Development (PUD) on an over land in a PUD designated as common open space, which easement guarantees to the Town that the designated common open space and recreation land is permanently reserved for access, parking and recreation, and open green spaces purposes in accordance with the plans and specifications approved by the Planning commission and Town Council at the time of approval of the PUD or as such plans are amended from time to time.
Conditional Use – A non-approved use of land, which is allowed by the Planning Commission. Conditional uses generally have conditions placed upon the use.
Corral – A space, other than a building used for the confinement of animals.
Dairy – A commercial establishment for the manufacture, processing, or sale of dairy products from cows and or goats.
Dwelling – A building or portion thereof designed or used as a living quarters for one or more families.
Dwelling, Single Family – A building arranged or designed to be occupied by one (1) family, the structure has only one (1) dwelling unit.
Dwelling Unit – One or more rooms in a dwelling, apartment, hotel, or apartment hotel designed for or occupied by one family for living, sleeping, and eating purposes. A dwelling unit may contain more than one set of kitchen facilities, whether temporary or permanent provided only members of the family occupying the dwelling unit or their non-paying guests use them. A dwelling unit may include up to two (2) persons per unit to whom rooms are rented in addition to a family related by blood, marriage, or operation of law, but if the number exceeds two (2) or if they use or are furnished separate cooking facilities, whether temporary or permanent, such additional persons shall be considered a separate dwelling unit.
Educational Institution – A public elementary, secondary school or a private educational institution having a curriculum similar to that ordinarily given in public schools.
Family – One or more persons related by blood, marriage, or operation of law, plus domestic servants employed for service on the premises, or a group of not more than four (4) single persons who need not be so related, living together as a single nonprofit housekeeping unit.
Fence – A tangible barrier or obstruction of any material, with the purpose of intent, or having the effect of preventing passage or view across the fence line. It includes hedges and walls.
Flood Plain Area – An area adjoining a river, stream or watercourse or other body of standing water in which a potential flood hazard exists due to inundation or overflow water having sufficient velocity to transport or deposit debris, scour the surface soil, dislodge or damage buildings, or erode the banks or water courses.
Floor Area – The sum of the gross horizontal area on the same lot, excluding cellar and basement floor areas not devoted to residential use, but including the area of roofed terraces. All dimensions shall be measured from the exterior faces of the exterior walls.
Frontage – All the property fronting on one (1) side of the street between intercepting streets, or between a street and a right-of-way, waterway, end of dead-end street, or political subdivision boundary, measured along the street line. An intercepting street shall determine only the boundary of the frontage of the side of the street, which it intercepts.
Garage, Private – An enclosed space or accessory building for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted for profit therein nor space therein for more than one car is leased to a non-resident of the premises. A garage shall be considered part of a dwelling if the garage and dwelling have a roof or wall in common, or are connected structurally by a physical connection such as a wall, trellis or solid fence.
Garage, Public – A building or portion thereof, other than a private garage, designed or used for servicing, repairing, hiring, selling, or storing motor vehicles.
Grade – The average level or the finished surface more than five (5) feet from a street line. For buildings closer than five (5) feet to a street line, the grade is the sidewalk elevation at the center of the building. If there is no sidewalk, the Town Council may establish the grade.
Guest – Any person or persons staying temporarily within a dwelling unit without payment of compensation to the owners, tenants, or full time inhabitants of said dwelling unit.
Guest House – A separate dwelling structure located on a lot with one or more main dwelling structures and used for housing of guests or servants and not rented, leased or sold separate from the main building. Guest Houses shall conform to all area, yard, frontage and height regulations of the zone district in which they are located.
Household Pets – Animals or fowl ordinarily permitted in the house and kept for company or pleasure, such as dogs, cats or birds, but not including a sufficient number of dogs or cats to constitute a kennel, as defined in this Title.
Incombustible Material – Any material, which will not ignite at or below a temperature of 1200O
F during an exposure of five minutes, and will not continue to burn or glow at that temperature. Tests shall be made as specified in the Uniform Building Code.
Junk Yard or Automobile Wrecking Yard – The use of any lot, portion of a lot, or tract of land for the storage, keeping, or abandonment of junk, including scrap metal or other scrap materials, or for the dismantling, demolition, or abandonment of automobiles, or other vehicles, or machinery or parts thereof, provided that this definition shall not be deemed to include such uses which are clearly incidental to and accessory to any agricultural use permitted in the zone.
Kennel – The use of any lot, or portion of a lot, or tract of land for the keeping, whether for compensation or not, of non Household Pets, or more than the allowed number of household pets per this Title.
Kindergarten – A school or class for children generally under six years of age.
Kitchen – Any room and/or other place used, intended or designed to be used for cooking or preparation of food.
Lodge – A building for the temporary occupancy of guests, without cooking facilities in each unit. Accessory facilities may include any or all things customarily associated with lodges.
Lot – A parcel of land occupied or to be occupied by a main building or group of buildings (main or accessory), together with such yards, open spaces, this ordinance and having frontage upon a street requires lot width and lot area as. Except for group dwellings and a guesthouse, not more than one dwelling structure shall occupy any one (1) lot.
Lot, Corner – A lot abutting on two intersecting streets where the interior angle of intersections or interception does not exceed one hundred thirty-five (135) degrees.
Lot, Coverage – The total horizontal area of a lot, parcel or building site covered by any building or occupied structure, which extends above the surface of ground level and including any covered automobile parking spaces. Covered patios, covered walkways, and covered recreation areas shall not be considered as lot coverage provided that said areas are not more than fifty (50) percent enclosed.
Lot, Depth – The horizontal length of a straight line connecting the bisecting points of the front and rear lot lines.
Lot, Interior – Any lot other than a corner lot.
Lot Line, Front – A line separating an interior lot from a street. In the case of a corner lot, the side bordering on the street, which has the smallest dimension, shall be the front lot line.
Lot Line, Rear – The recorded lot line most distant from the front lot line, except that in the case of an interior triangular or core-shaped lot, it shall mean a straight line ten (10) feet in length which is:
- Parallel to the front lot line or its chord, and
- Intersects the two other lot lines at points most distant from the front lot line.
Lot Line, Side – Any lot boundary line that is not a front lot line or a rear lot line.
Lot, Through – (Double Frontage Lots) Any lot having a frontage on two parallel or approximately parallel streets. Said lots for purpose of this Title shall have two street frontages and two front yards.
Lot Width – The distance across a lot or parcel of property measured along a line parallel to the front lot line, or parallel to a straight line connecting the ends of an arc, which constitutes the front lot line.
Maintain – Includes, but is not limited to the following: service, repair, alter, remodel, reletter, redecorate, repaint, move, or remove. It does not include the removal of signs by a licensed wrecking contractor. Owner or leasee of a sign may repaint, redecorate, and/or change letters or panels on his own sign.
Manufactured Home or Building – A home or other building of new construction without attached axles or wheels which has been assembled fully or in part, upon another site, or in a “factory” and moved to the site upon which it is to be permanently assembled and placed upon a permanent foundation in compliance with the provisions of the Uniform Building Code.
Map, Official – Any map adopted by the Town Council under the provisions of Section 10-9-103, Utah code Annotated, 1953, as amended.
Natural Waterways – Those areas, varying in width, along streams, creeks, gullies, springs, or washers, which are natural drainage channels as, determined by the Chief Building Official and in which areas no buildings shall be constructed.
Nonconforming Building – A building or structure or portion thereof lawfully existing at the time any applicable zoning regulation become effective, the design, erection, use, height, area, or yard dimensions of which do not conform to the provision of such regulations.
Nonconforming Use – The prior lawful use of land or of a building or structure which subsequently is prohibited by zoning regulations pertaining to the zone in which the building or land is situated.
Nursery, Greenhouse – A place where young plants are raised for experimental purposes, for transplanting or for sale.
Nursing Home – (See “Hospital – Nursing or Rest Home”)
Offices – A building, room or department wherein a business or service for others is transacted, but not including the storage or sale of merchandise on the premises.
Open Green Space – An open space suitable for relaxation or landscaping. It shall be unoccupied and unobstructed by buildings and/or hard surfaces such as asphalt, cement and packed gravel, except that such open green space may be transversed by necessary sidewalks.
Parcel of Land – A contiguous quantity of land, in the possession of, or owned by, or recorded as the property of the same claimant or person.
Parking Lot – An open area, other than a street, used for parking of more than four (4) automobiles and available for public use, whether free, for compensation, or as an accommodation for clients or customers.
Parking Space – Space for parking or storage for one (1) automobile.
Planning Commission – A Group of appointed citizens who review and recommend planning & zoning ordinances to the Town Council.
Private Drive – Non-dedicated thoroughfare or road use exclusively for private access to and from private land/or developments.
Projections into Yards – Any projection which is not intended for occupancy and which extends beyond the face of an exterior wall of a building, but shall not include signs.
Public Use – A use operated exclusively by a public body, or quasi-public body, such use having the purpose of serving the public health, safety, or general welfare, and including uses such as public schools, parks, playgrounds and other recreational facilities, administrative, and service facilities, and public utilities.
Recreational Coach – A vehicle such as a recreational trailer, tent, camper trailer, truck camper, travel trailer, camp car, other vehicle with or without motive power, designed and/or constructed to travel on the public thoroughfare in accordance with the provisions of the Utah Vehicle Code, designed for the use of human habitation.
Recreation, Public – Recreation facilities operated by a public agency and open to the public with or without a fee.
Separate Ownership – A lot or parcel, which is not adjacent or contiguous to other property owned by the same owner or owners. Ownership by a husband, wife, or other immediate family member or a combination of the same shall not be considered separate.
Sign – A presentation or representation of words, letters, figures, designs, pictures or colors, publicly displayed so as to give notice relative to a person, a business, an article of merchandise, a service, an assemblage, a solicitation, or a request for aid; also the structure or framework of any natural object on which any sign is erected or is intended to be erected or exhibited or which is being used or is intended to be used for sign purposes.
Sign, Commercial – A sign that is erected to promote a commercial use.
Sign, Temporary – A sign that is erected for a short time. Temporary signs are constructed so that they may be erected or removed quickly. Public Announcements, Yard Sale, For-Sale, Rent, and Political Signs, are examples of temporary signs.
Site Development Standards – Establishment regulations concerning lot areas, yard setbacks, building height, lot coverage, open green space and any other special regulations deemed necessary to accomplish the purpose of this Title.
Stable, Private – A detached, accessory building for the keeping of animals owned by the occupants of the premises, and not kept for remuneration, hire, or sale.
Stable, Public – A stable other than a private stable.
Story – The space within a building, other than a cellar, included between the surface of any floor and the surface of the ceiling next above.
Street – A public thoroughfare, dedicated, abandoned, or condemned for public use accepted by proper public authority, which affords the principal means of access of abutting property and is more than twenty-six (26) feet wide.
Structure – Anything constructed or erected, the use of which requires location on the ground.
Structural Alterations – Any change in supporting members of a building, such as bearing walls, columns, beams or girders.
Swimming Pool – Any artificial or semi-artificial container, whether indoors, and whether above or below the surface of the ground, or both, used or intended to be used to contain a body of water for swimming by any person or persons, together with all permanent structures, equipment, appliances, and other facilities used or intended for use in and about the operation, maintenance and use of such pool.
Swimming Pool, Family – A swimming pool used and to be used solely by the owner, operator or lessee thereof and his family and by guests invited to use it without payment of any fee or consideration.
This Title – The Combined Chapters of Zoning Ordinances.
Trim, Nonstructural – The molding, battens, caps, nailing strips, latticing, cutouts, or letters and walkways that are attached to a sign structure.
Uniform Building Code (U.B.C.) – The current edition of the Uniform Building Code as adopted by the Town of Fayette.
Use – The specific purposes, for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained.
Use, Accessory – A subordinate use customarily incidental to and located upon the same lot occupied by the main use and devoted exclusively to the main use of the premises.
Use, Conditional – A use or occupancy of a building, or use of land, permitted only when authorized upon issuance of a Conditional Use permit, and subject to the limitations and conditions specified therein. A Conditional Use permit is intended to allow compatible integration of uses, which may be suitable only in certain locations within a particular zone, or only upon certain conditions and/or design criteria being achieved.
Use, Permitted – Any use lawfully occupying land or buildings as authorized in the zone regulations and for which no Conditional Use permit is required.
Width of Lot – The distance between the side lot lines at the distance back from the front lot line required for the depth of the front yard.
Yard – An open space on a lot, other than a court, unoccupied and unobstructed from the ground upward by buildings, except as otherwise provided herein.
Yard, Front – An open space on the same lot with a building between the front line of the building (exclusive of steps) and the front lot line and extending across the full width of the lot. The “depth” of the front yard is the minimum distance between the front lot line and the front line of the building.
Yard, Rear – An open, unoccupied space on the same lot with a building between the rear line of the building (exclusive of steps) and the rear lot line and extending the full width of the lot.
Yard, Side – An open, unoccupied space on the same lot with a building between the side line of the building (exclusive of steps) and the side lot line and extending from the front yard to the rear yard.
Zone – The geographical area of the Town within which the zoning regulations are uniform.
Zoning Official – The official or other person charged with the administration and enforcement of this Title or their duly authorized representative or enforcement officer.
Zoning Ordinance or Ordinance – The Zoning Ordinance of Fayette, Utah
3.1.1 Zoning Permits and Building Permits
3.1.3 Occupancy Permits
3.1.4 Fayette Town Zoning Permit
3.1.5 Site Plan Required
3.4 Amendments to Zoning ordinance or Zone Map
A. The Fayette Town Council may by assignment entrust administration of the Zoning Ordinance in whole or in part to a Town Council Official without amendment to This Title. The Town Council Officer shall enforce all provisions pertinent to Town Zoning.
B. The Sanpete County Building Inspector is authorized by county/town agreement as the Administrating Officer for this Zoning Ordinance as it pertains to the Uniform Building Code. The County Building Inspector shall enforce all provisions pertinent to the Uniform Building Code.
C. Any of the aforesaid duties performed by county/town officials shall enforce provisions, entering actions in court, if necessary, and their failure to do so shall not legalize any violations of such provisions.
3.1.1 ZONING PERMITS AND BUILDING PERMITS.
Construction, alteration repair, or removal of any building or structure or any part thereof, as provided for or as restricted in This Title Ordinance and the Uniform Building Code shall only be commenced after clearance and issuance of:
A. for building, set backs and water a Zoning Permit cleared and issued by the Fayette Town Zoning Official.
B. Building Permit cleared and issued by the County Building Inspector.
The County Building Inspector and/or Town Zoning Official shall, upon presentation of evidence of authority have the right of access to any premises at any reasonable hour for the purpose of inspecting all buildings during the course of their construction, modification, or repair, as well as to inspect land uses to determine compliance with the provisions of This Title.
3.1.3 OCCUPANCY PERMITS.
A. A Permit of Occupancy shall be issued by the County Building Inspector to the effect that any building erected, enlarged, or altered structurally shall conform to the Uniform Building Code, prior to occupancy.
B. Occupancy Permits are needed whenever the use or character of any building or land is to be changed.
C. This Title may be enforced by withholding Occupancy Permit.
3.1.4 FAYETTE TOWN Building PERMIT.
Building projects in all zones require a completed and approved Building Permit before applying for a County Building Permit per current code. A county building permit must be signed off by Fayette Zoning & Planning.
3.1.5 SITE PLAN REQUIRED
(Site Plan approval is required by the Planning Commission for the Commercial Zone and the Residential and Agricultural before applying for a County Building Permit).
Any person, firm or corporation (As principal agent, employee or otherwise) violating, cause, or permitting violation of the provisions of This Title shall be guilty of a misdemeanor and responsible for any attorney’s fee charged to Fayette Town or higher governmental jurisdiction to litigate said misdemeanor. Punishment for Misdemeanor – See U.C.A. 76-1-16.
Any departments, officials and public employees of Fayette who are vested with duty or authority to issue permits or licenses shall conform to the provision of This Title and shall issue no permit or license for uses, buildings or purposes where the same would be in conflict with the provisions of This Title and any such permit or license, if issued in conflict with the provisions of This Title shall be null and void.
3.4 AMENDMENTS TO ZONING ORDINANCE OR ZONE MAP
Amendments to This Title or the Official Zone Map are made by the Town Council after recommendation from the Planning Commission. Any citizen of Fayette Town may request amendments to the Zoning Ordinance or Zone Map. An applicant shall first submit to the Planning Commission an application for amendment.
Applications made to the Planning Commission for any amendments shall contain the following:
A. Date and designation of the specific Zone Change of Title Amendment desired.
B. The reason and justification for such zone change or Title amendment, and a statement setting forth the manner in which a proposed amendment or Zone would further promote the objectives and purposes of the Zoning ordinance.
C. A complete and accurate legal description of the area proposed to be rezoned, or a draft of the proposed Title Amendment.
D. An accurate plat, drawn to scale, showing all areas to be included within the proposed rezoning, designating the present zoning of the property subject of the petition, and properties immediately adjacent thereto.
E. A list of all property owners within a radius of (300) three hundred feet of the requested amendment. The Town shall send by registered mail a letter, which states the purpose of requested zone change, which would extend an invitation to attend and participate in the scheduled Public Hearing. LUDMA 10-9103 and 17-27-1010-3–
F. Fees: A non-refundable filing fee set by resolution as listed in the Town Fee Schedule.
A. The applicant shall submit the application for zone change or amendment to the Planning Commission.
B. The application together with all pertinent information shall be considered by the Planning Commission at its next regularly scheduled meeting.
C. The Planning Commission may call a specific public hearing on any application after adequate notice if it is deemed in the public interest.
D. The Planning Commission shall take action on the application by the second meeting of the Planning Commission after the application filing date.
E. The Planning Commission shall recommend 1) approval, 2) modification and approval, or 3) denial of the amendment to the Zoning Ordinance or Zone Map to the Town Council.
F. The Planning Commission shall submit their recommendations on proposed changes and amendments to the Town Council for its consideration within thirty (30) days after the public hearing, unless an agreement is reached by the applicant and the Planning Commission to table the matter until the next regular decision making meeting of the Planning Commission. Failure of the Planning Commission to table or submit its recommendation within the prescribed time shall be deemed a recommended approval by such Commission of the proposed change or amendment.
G. The Town Council shall within fifteen (15) days of a public hearing, which has been posted and published accordingly to Utah Code 10.10-3–711, 1) approve, 2) modify and approve, or 3) deny the amendment to the Zoning Ordinance or Zone Map.
CONDITIONAL USE PERMITS
4.1.4 Issuance of a Building Permit
4.1.6 Modification or Revocation of Conditional Use Permits
To allow the proper integration of suitable and desirable land use within a certain location which is related to the permitted uses in the zone.
- Definition: Certain uses, which are harmonious under conditions as specified but improper under general conditions, are classed as conditional uses and require special review and consideration.
- Permit Required: An approved Conditional Use Permit shall be required for each Conditional Use listed in This Title. All uses in any particular zone will comply with regulations and conditions specified in This Title. No building permit, other permits, or license shall be issued for a use requiring conditional use approval until a Conditional Use Permit has been approved for all parties.
- The proposed use shall conform to the goals, policies, governing principles, and land use of the General Plan for Fayette Town.
- Revocation: A Conditional Use Permit may be revoked by the Town Council after review and recommendation by the Planning Commission, upon failure to comply with the conditions imposed with the original approval of the permit.
- Recommendations by Planning Commission: The Planning Commission shall recommend approval of the proposed use by the Town Council if evidence is presented establishing that the proposed use will provide service of facility which will contribute to the general well-being of the zoning district and community.
- The proposed use shall not lead to the deterioration of the environment or ecology of the general area, and shall not produce conditions or emit pollutants of such quantity so as to detrimentally effect, to any appreciable degree, public or private property including the operation of existing uses thereon, in the immediate vicinity, or the zone, or community as a whole.
- The Town Council shall promote and establish policies as set forth in This Title in regards to: landscaping, fencing, lighting, ingress/egress, parking, building size and location, signs when considering the following zones:
- Will the proposed use generate detrimental traffic?
- Will the proposed use overload street capacity?
- Will internal traffic adversely affect adjacent residences?
- Will parking facilities be screened from adjacent residences?
- Will parking facilities be effectively screened?
- Will landscaping and watering system be sufficiently enhancing?
- Will ingress/egress adversely affect general traffic patterns?
- Will parking area adversely affect internal or access flow to public street circulation?
- Will building location create blind approaches to sidewalks for pedestrians?
- Will building design be compatible/complimentary to already established structures?
- Will building location, lighting, parking or traffic adversely affect any adjacent residential use or zone?
- Will sign age be complimentary to overall aesthetic nature of the immediate area?
- Will project have any adverse affect on water or sewer system?
- Will parking be adequate for numbers of employees, clients, loading, unloading, and other business functions?
- Will landscaping, watering system, and parking area be aesthetically satisfactory as stated in site plan?
- Are there provisions for storage?
- Will there be hazardous material or chemicals of concern used? (The Town reserves the right to deny the permit after studying the potential impact, which may result from any diverse findings).
Application made to the Planning Commission shall contain the following:
- A site plan and elevations (as may be necessary) which are drawn to scale, showing how all existing and proposed buildings will occupy the site.
- The reason and justification for such conditional use and how adjacent properties will be effected by the conditional use.
- A list of all property owners within a radius of (300) three hundred feet of the requested Conditional Use. The Town shall send by registered mail a letter, which states the purpose of requested zone change, which would extend an invitation to attend and participate in the scheduled Public Hearing. LUDMA 10-9103 and 17-27-103.
- Fees: A non-refundable filing fee set by resolution as listed in the Town Fee Schedule.
- The applicant shall submit the application for a Conditional Use Permit (which is available at Town hall) for a zone change to the Planning Commission.
- The application together with all pertinent information shall be considered by the Planning Commission at its next regularly scheduled meeting.
- The Planning Commission may call a specific public hearing on any application after adequate notice if it is deemed in the public interest.
- The Planning Commission shall take action on the application by the second regularly scheduled meeting of the Planning Commission after the filing date.
- The Planning Commission shall recommend 1) approval, 2) modification and approval, or 3) denial of the amendment to the Zoning Ordinance or Zone Map to the Town Council.
- The Planning Commission shall submit recommendation along with application to the Town Council for its consideration within thirty (30) days after the public hearing (if one is held), unless an agreement is reached by the applicant and the Planning Commission to table the matter until the next regular decision making meeting of the Planning Commission. Failure of the Planning Commission to table or submit its recommendation within the prescribed time shall be deemed a recommended approval by such Commission of the proposed change or amendment.
- The Town Council within fifteen (15) days of a public hearing, which has been posted and published according to Utah Code 10.3.711, 1) may approve or deny a Conditional Use Permit. The Town Council may overrule the Planning Commissions recommendation by a majority vote of its members.
The decision of the Planning Commission may be appealed to the Town Council by filing such appeal within fifteen (15) days after the date of the notice of decision sent to the applicant. The Town Council may uphold or reverse the decision of the Planning Commission and impose any additional conditions that it may deem necessary in granting an appeal. The decision of the Town Council shall be final.
4.1.4 ISSUANCE OF A BUILDING PERMIT.The developer/applicant shall take such permit to the Fayette Town Zoning Officer who will review the permit and conditions attached. Based on this review and compliance with any other items that might develop in the pursuance of duty, the Zoning Officer may approve an application for a Fayette Town Building Permit and shall send the applicant to the County Building Inspector for a Building Permit. Both Zoning Officer and Building Inspector shall insure that building and/or development is undertaken and completed in compliance with said permits and conditions pertaining thereto.
All permits under a conditional use permit shall be good for six months after approval by the Town council. The zoning official may give a six-month extension. The Town Council may give a second extension. No more that two extensions may be given. (Total of 18 months).
4.1.6 MODIFICATION OR REVOCATION OF CONDITIONAL USE PERMITS.
The Planning Commission on its own motion; or upon the direction of the Town Council, shall after adequate notice hold a public hearing upon the question of modification or revocation of a Conditional Use Permit granted under or pursuant to he provisions of this Section. A Conditional Use Permit may be modified or revoked if the any of the following is found:
- That the conditional use is detrimental to the public health, safety, or welfare or is a nuisance.
- That the Conditional Use Permit was obtained by fraud.
- That the conditional use for which the permit was granted is not being exercised.
- That the conditional use for which the permit was granted has ceased or has been suspended for six (6) months or more.
- That the conditions imposed by the Planning Commission upon said Conditional Use Permit have not been complied with.
5.2 PERMITTED USES
5.3 LOT AREA
5.4 LOT WIDTH
5.5 LOT FRONTAGE
5.6 PRIOR CREATED LOTS
5.7 LOT AREA PER DWELLINGS
5.8 YARD REQUIREMENTS
5.9 PROJECTIONS INTO YARDS
5.10 BUILDING HEIGHTS
5.11 DISTANCE BETWEEN BUILDINGS
5.12 PERMISSIBLE LOT COVERAGE
5.13 PARKING LOADING AND ACCESS
5.14 SITE PLAN APPROVAL
5.15 OTHER REQUIREMENTS
The Residential-Agricultural Zone (RA) is established to provide areas for the encouragement and promotion of an environment for family life by providing for the establishment of one-family detached dwellings on individual lots. This zone is characterized by landscaped lots and open spaces with lawns, shrubs, small gardens and the keeping of a minimal number of farm animals and fowl for non-commercial use.
5.2 PERMITTED USES.
Those uses or categories of uses as listed herein, are permitted in the RA zone under conditional use permits.
- Permitted principal uses. The following principal uses and structures, and no others, are permitted in the RA zone.
Agriculture and Agricultural related activities as limited herein.
Animals (non-commercial as limited herein).Nursery, Primary and Secondary Education Facilities
Animal Keeping: Limitations on the keeping and maintenance of animals and fowl permitted in the RA zone.
- Horses: There shall be no more than four (4) horses per acre of land used exclusively for the care and keeping thereof.
- Cattle, oxen, sheep or goats: There shall be no more that six (6) such animals or combination of such animals per acre of land used exclusively for the care and keeping thereof. No pigs shall be kept in the RA zone for reasons of health and safety.
- Small animals: Rabbits, rats and chickens, Shall be contained and controlled on owners property for reasons of health and safety.
- Household Pets: There shall be no more than six (6) such pets over the age of four (4) months per dwelling unit.
- Nothing herein shall be construed as authorizing the keeping of animals capable of inflicting harm or endangering the health and safety of any person or property. Dogs must be contained to the owner’s lot unless the owner or the owner’s designee is walking the dog using a leash.
- Conditional Uses. The following uses and structures are permitted in the RA zone only after a Conditional Use Permit has been approved by the Town Council and subject to the terms and conditions thereof:
Animal Hospital Services
Public Recreation Activities
5.3 LOT AREA
The minimum area for any lot or parcel of land in the RA zone shall be twenty one thousand (21,000) square feet ½ acre.
5.4 LOT WIDTH
Each lot or parcel of land in the RA zone, except corner lots, shall have an average width of not less than 100 feet. Each corner lot or parcel in the RA zone shall be ten (10) feet wider that the minimum required for interior lots.
5.5 LOT FRONTAGE
Each lot or parcel of land in the RA zone shall abut a public street for a minimum distance of one hundred (100) feet, on a line parallel to the centerline of the street or along the circumference of a cul-de-sac improved to Town standards. Frontage on a street end which does not have a cul-de-sac improved to Town standards shall not be counted in meeting this requirement.
5.6 PRIOR CREATED LOTS
Lots or parcels of land, which were created prior to the application of the zone, shall not be denied a building permit solely for reason of non-conformance with the parcel requirements of this chapter.
5.7 LOT AREA PER DWELLING
Not more than one single-family dwelling may be placed on a lot or parcel of land in the RA zone.
5.8 YARD REQUIREMENT
The following minimum yard requirements shall apply in the RA zone.
- Front yard. Each lot or parcel in the RA zone shall have a front yard on not less than twenty-five (25) feet.
- Side yard. Except as provided in sub-section “C”, each lot or parcel of land in the RA zone shall have a side yard of not less than ten (10) feet, and the combined sum of the two side yards shall not be less than twenty-four (24) feet.
- Side yard – corner lots. On corner lots the side yard continuous to the street shall not be less than twenty (20) feet and shall not be used for vehicle parking except such portion as is devoted to driveway use for access to a garage or carport.
- Side yard – driveway. When used for access to a garage, carport, or parking area, a side yard shall be wide enough to provide an unobstructed twelve (12) foot driveway.
- Side yard – Accessory building. An accessory building may be located on a side property line if, and only if, all of the following conditions are met:
- The accessory building is located more than six (6) feet to the rear of any main building on the same lot or the lot adjacent to the property line on which said building is being is placed. If the structure is permanent then no closer to the property line than 10 feet or if it raises a safety issue must be 25 feet. Town Council or Planning & Zoning have the right to determine the location of new buildings/shed placement for safety reasons. “
- It has no openings on the side, which is contiguous to the property line, and is of one-hour fire resistant construction on said side.
- It has facilities for the discharge of all roof drainage onto the subject lot or parcel of land.
An accessory building which is more than six (6) feet to the rear of a main building, but which does not conform to the above conditions, shall have a side yard of at least five (5) feet. All other accessory buildings shall maintain the same side yard as a main building.
- Rear Yard. Each lot or parcel shall have a rear yard of no less than thirty (30) feet.
- Rear yard – accessory building. An accessory building may be located on the rear property line so long as: if the structure is permanent then no closer to the property line than 10 feet or if it raises a safety issue must be 25 feet. Town Council or Planning & Zoning have the right to determine the location of new buildings/shed placement for safety reasons.
- 1. It has no openings on the side, which is contiguous to the rear property line.
- It has one-hour fire resistant construction in the wall adjacent to said property line.
- It provides for all roof drainage to be retained on the subject lot or parcel.
An accessory building, which does not meet the above conditions, shall be at least twenty-five (25) feet from the rear property line.
5.9 PROJECTIONS INTO YARDS.
- The following structures may be erected on or projected into any required yard.
- Fences and wall in conformance with Town codes or ordinances.
- Landscape elements, including trees, shrubs, agriculture crops and other plants.
- Necessary appurtenances for utility services.
- The structures listed below may project into a minimum front or rear yard not more that four (4) feet, and into a minimum side yard not more than two (2) feet:
- Cornices, eaves, belt courses, sills, buttresses, or other similar architectural features.
- Fire place structures and bays, provided that they are not wider that eight (8) feet, measured generally parallel to the wall of which they are part.
- Stairways, balconies, door stoops, fire escapes, and awnings.
- Planting boxes of masonry planters not exceeding twenty-four (24) inches in height.
- Carports and other similar structures over a driveway in a sideyard, providing such structures is not more than one story in height and twenty-four (24) feet in length, and is entirely open on at least three (3) sides, except for necessary supporting columns and customary architectural features.
5.10 BUILDING HEIGHT.
No lot or parcel of land in the RA zone shall have a building or structure used for dwelling or public assembly which exceeds a height of two (2) stories or fourty-five (45) feet, whichever is higher. Roofs above the square of the building, chimneys, flagpoles, church towers and similar structures not used for human occupancy are excluded in determining height.
5.11 DISTANCE BETWEEN BUILDINGS.
The distance between any accessory buildings and a dwelling shall not be less than six (6) feet.
5.12 PERMISSIBLE LOT COVERAGE.
In the RA zone, all buildings including accessory buildings and structures shall not cover more than sixty (60) percent of the area of the lot or parcel of land.
5.13 PARKING, LOADING AND ACCESS.
Each lot or parcel in the RA zone shall have on the same lot or parcel off street parking sufficient to comply with Chapter 12 of this title. Required parking spaces shall not be provided within a required front yard.
5.14 SITE PLAN APPROVAL.
As required by the Uniform Building Code.
5.15 OTHER REQUIREMENTS.
- Signs. Unless otherwise prohibited by law, signs of the type and description listed below, but no others, may be placed and maintained in the RA zone:
- Signs or name plates not exceeding two (2) square feet in area and displaying only the name and address of the occupant.
- Two temporary signs with a maximum area of six (6) square feet each, pertaining to the sale, lease, or rent of the particular building, property, or premises upon which displayed, and no other.
- Signs or monuments identifying points of interest or sites of historic significance. The Building Inspector shall specifically approve the size of said signs or monuments.
- Landscaping. All open areas between the front lot line and the rear line of the main building, except driveways, parking areas, walkways, utility area, improved decks, patios, porches, etc., shall be maintained with suitable landscaping of plants, shrubs, trees, grass, and similar landscaping materials.
- New Construction landscaping – needs to be landscaped within 2 years.
- Trash storage. No trash, used materials, or wrecked and abandoned vehicles or equipment shall be stored in an open area or on city right of ways. All such materials must be screened from public streets and adjacent properties with an opaque material, or must be stored within an enclosed building.
- Walls and fences. No wall, fence, or opaque hedge or screening material higher than thirty-six (36) inches shall be maintained within a required front yard in a RA zone; except that a masonry privacy wall may be erected upon approval of the Planning Commission if said wall does not extend more that eighteen (18) feet into the required front yard, does not exceed (6) feet in height, and does not extend closed to a side property line that the forward extension of the line of the required side yard. In no case shall such a privacy wall extend into the clear vision area of a corner lost as defined by section 7.9 of this title; nor shall it be a sight distance hazard to vehicular or pedestrian traffic.
- Each dwelling must have a minimum of 900 square feet (not including garage area) for the health, safety and comfort of the resident(s) dwelling therein.
GENERAL COMMERCIAL ZONE
6.1 Purpose and Objectives
6.2 Permitted Uses
6.3 Lot Area
6.4 Lot Width
6.5 Lot Frontage
6.6 Prior Created Lots
6.7 Yard Requirements
6.8 Projections into yards
6.9 Building height
6.1 Distance between buildings
6.11 Permissible lot coverage
6.12 Parking, loading and access
6.13 Site plan approval
6.14 Other requirements
6.1 PURPOSE AND OBJECTIVES
The Commercial Zone (C) is established to provide a district primary for the accommodation of retail commercial and service uses to serve the needs of the citizens of Fayette Town.
The C Zone is applied to the existing commercial area, which has a variety of characteristics. The provisions contained herein should be used to encourage greater integrity and aesthetic improvements as this area is redeveloped and improved. Integrated and coordinated landscaping, parking, ingress and egress, signing and building design should be encouraged and coordinated through the Planning Commission. New construction should be in harmony with the character of the surrounding structures.
6.2 PERMITTED USE
Those uses or categories of uses as listed herein, and no others, are permitted in the C Zone:
- Permitted Principal Uses: The following principal uses and structures, and no others are permitted in the C Zone.
Air Conditioning, sales and service
Altering, pressing, and repairing of wearing apparel
Antique, import or souvenir shop
Archery Shop and range, provided conducted within completely enclosed building
Art and artist supply store
Athletic and sporting goods store,
Automobile parts sales
Automobile, new or used, sales and service
Awning sales and service
Baby formula service
Bank or financial institution
Beauty culture school, beauty shop
Beauty parlor for cats and dogs
Bicycle sales and service
Blue printing or photostating
Boarding or lodging house
Boat sales and service
Building materials sales or yard
Cafe or cafeteria
Candy manufacture, candy store, confectionery
Carbonated water supply
Carpenter and cabinet shop
Carpet, rug and linoleum service and sales
Cash register sales and service
China, crystal and silver shop
Cleaning, and dyeing establishment
Clinics, medical or dental
Clothing and accessory store
Coal and fuel sales office
Communication equipment building
Contractor shop, provided work conducted within a completely enclosed building
Dairy products store
Data processing service and supplies
Diaper service, including cleaning
Drapery and curtain store
Drive-it-yourself agency or business
Dry cleaning establishment, dry cleaning, and pickup station
Egg and poultry store (provided no live bird slaughtering permitted)
Electrical and heating appliances and fixtures, sales and service
Electronic equipment sales and service
Fabric and textile store
Farm implement sales
Film exchange establishment
Five and ten cent store
Frozen food lockers (incidental to a grocery store or food business)
Fruit store or stand
Furniture sales and repair
Fur apparel sales, storage or repair
Garden supplies and plant material sales
Glass sales and service
Government buildings or uses, nonindustrial
Greenhouse and nursery; soil and lawn service
Health club, health food store
Hobby and crafts store
Household cleaning and repair
House equipment display
Household appliance sales and service
Household pets, dwelling units only
Ice cream manufacture
Ice cream parlor
Ice manufacture and storage, ice storage or vending station
Interior decorating and designing establishment
Janitor service and supply
Jewelry store sales and service
Laboratory, dental and medical
Laundry or dry cleaners, laundry or dry cleaning collection station, launderette or Laundromat
Lawnmower sales and service
Leather goods sales and service
Linen store, linen supply service
Lodge or social hall
Machine shop operations incidental to any permitted use
Meat, fish and seafood store
Mobile home sales and service
Monument works and sales
Motorboat sales and service
Motorcycle and motor scooters sales and service
Needlework, embroidery or knotting store
Office in which goods or merchandise are not commercially created exchanged or sold
Office machines sales and service
Optometrist, optician or occultist
Ornamental iron sales or repair
Paint or wallpaper store
Park and playground
Pest control and extermination service
Pet and pet supply store
Photographic supplies, photo studio
Physician or surgeon
Popcorn or nut shop
Printing, lithographing, publishing or reproduction sales and service
Radio and television sales and service
Radio, television of FM broadcasting station
Real estate agency
Reception center or wedding chapel
Recreation vehicle storage
Rental agency for home and garden equipment
Restaurant or Restaurant drive-in
Roller skating rink
Roofing sales or shop
Second hand store
Seed and feed store
Service station, automobile
Sewing machine sales and service
Shoe repair or shoe shine shop, shoe store
Sign manufacture or sign painting
Temporary building for uses incidental to construction work (Such building shall be removed
upon the completion of the construction work)
Toy store, retail
Trade or industrial school
Trailer sales and service
Vegetable store or stand
Ventilating equipment sales and service
Warehouse storage, wholesale business
Window washing establishment
- Permitted accessory uses. Accessory uses and structures are permitted in the C Zone provided they are incidental to, and do not substantially alter the character of the permitted principal use or structure. Such permitted accessory uses and structures include, but are not limited to, the following:
- Accessory buildings such as garages, carports, equipment storage buildings, and supply storage buildings, which are customarily used in conjunction with and incidental to a principal use or structure, permitted in C Zone.
- Storage of materials used for construction of buildings, including the Contractor’s temporary office, provided that such use be located on the building site or immediately adjacent thereto, and provided further that such use shall be permitted only during the construction period and thirty (30) days thereafter.
- Conditional uses. The following uses and structures are permitted on the C Zone only after a conditional use permit has been issued by the Planning Commission, and subject to the terms and conditions thereof.
Animal hospital, small animals only and provided it is conducted within complete enclosed buildings
Beer parlor, sale of draft beer
Circus, carnival or other transient amusement
Express and transfer service
Nightclub or Social club
Oil burner shop
Parking lot or garage for passenger automobiles
Public Utilities substation
Rehabilitation – Juvenile Residences
Used car lot
6.3 LOT AREA
There shall be no minimum lot area requirements in the C Zone except as may be dictated by off-street parking requirements, adequate circulation and proper site utilization, and provisions of the Uniform Building Code.
6.4 LOT WIDTH
There shall be no lot width requirement except as required by the Uniform Building Code.
6.5 LOT FRONTAGE
Each lot or parcel of land in the C Zone shall have frontage on a public street for a minimum distance of one hundred (100) feet.
6.6 PRIOR CREATED LOTS
Lots or parcels of land, which were created prior to the application of this zone, shall not be denied a building permit solely for reasons of non-conformance to the parcel requirements of this chapter.
6.7 YARD REQUIREMENTS
The following maximum yard requirements shall apply in the C Zone:
- Front yard. Each lot or parcel of land in the C Zone shall have a front yard of not less than five (5) feet, except that in areas developed prior to the establishment of this zone, the front yard shall be equal to the average of existing front yards on all parcels of property along the block face in which a building or structure is to be located.
- Side yard. Except as provided in subsection “C”, “D”, and “E”, each lot or parcel of land in the C Zone shall have a side yard of at least ten (10) feet when located adjacent to a Residential-Agricultural zone.
- Side yard – corner lots. On corner lots, the side yard contiguous with the street shall be not less than five (5) feet in width, and shall not be used for vehicular parking. Said area shall be appropriately landscaped except those portion devoted to access and driveway use.
- Side yard – Driveway. When used for access to any garage, carport, or parking area having less than five (5) parking spaces, a side yard shall be wide enough to accommodate and unobstructed twelve (12) foot paved driveway. When used for access to a garage, carport, or parking area having six (6) or more parking spaces a side yard shall be wide enough to provide an unobstructed twelve (12) foot paved driveway for one-way traffic, or a sixteen (16) foot paved driveway for two-way traffic.
- Side yard – Accessory building. An accessory building may be located on a side property line if, and only if, all of the following conditions are met:
- An accessory building has no openings on the side, which is contiguous to the property line, and the wall of said building adjacent to the property line has a four (4) hour fire resistant rating.
- The accessory building has facilities for the discharge of all roof drainage onto the lot or parcel on which it is erected.
- Rear yard. There shall be no rear yard requirements except as may be dictated by provision of the Uniform Building Code.
- Rear yard – accessory building. There shall be no requirements except as may be dictated by provision of the Uniform Building Code.
6.8 PROJECTIONS INTO YARDS
- The following structures may be erected on, or projected into any required yard, except into a required driveway:
- Fences and wall in conformance with Town codes and ordinances.
- Landscaping elements, including trees, shrubs, and other plants.
- Necessary appurtenances for utility service.
- The structures listed below may project into a minimum front or rear yard not more than four (4) feet, and into a minimum side yard not more than two (2) feet, except that required driveways shall remain unobstructed from the ground upward:
- Cornices, eaves, belt courses, sills, buttresses, or other similar architectural features.
- Stairways, balconies, door stoops, fire escapes, and awnings.
- Planter boxes or masonry planters not exceeding twenty-four (24) inches in height.
- Carports and loading docks in a side yard or rear yard, provided that such a structure is not more than one (1) story in height and is entirely open on at least three (3) sided, except for necessary supporting columns an customary architectural features.
6.9 BUILDING HEIGHT
In the C Zone the height of every building or structure hereinafter designed, erected, or structurally altered or enlarged shall be regulated by conformance to the requirements of the most recent edition of the Uniform Building Code as adopted by action of the Town Council of Fayette.
6.10 DISTANCE BETWEEN BUILDINGS
No requirements except as required by the Uniform Building Code.
6.11 PERMISSIBLE LOT COVERAGE
No requirements except as may be dictated by yard requirements, landscaping requirements, and compliance with off street parking provisions.
6.12 PARKING, LOADING, AND ACCESS
Each lost or parcel in the C Zone shall have, on the same lot or parcel, automobile parking sufficient to meet the requirements as set forth in Chapter 12, of this title. All parking spaces shall be paved with asphaltic cement or concrete, and shall be provided with adequate drainage, which shall not run across a public sidewalk. Parking spaces shall not be provided within a required front yard or side yard adjacent to a public street.
6.13 SITE PLAN APPROVAL
Prior to the construction of any building in the C Zone, a site plan shall be submitted to and be approved by the Planning Commission. Said site plan shall be drawn to scale and shall contain the following information:
- The location of all existing and proposed buildings and structures on the site, with full dimensions showing distances between buildings and distances from buildings to adjacent property lines.
- The location of all parking spaces, driveways, loading and dock areas, and points of vehicular ingress and egress.
- A landscaping plan showing the location, types, and initial sizes of all planting materials to be used together with the location of fences, walls, hedges, and decorative materials.
- Preliminary elevations of all main buildings showing the general appearance and types of external materials.
6.14 OTHER REQUIREMENTS
- Signs. All signs erected in the C Zone shall be in conformance with the sign provision of the Uniform Building Code.
- Uses within buildings. All uses established in the C Zone shall be conducted entirely within a fully enclosed building except those uses deemed by the Planning Commission to be customarily and appropriately conducted in the open. Such uses may include, but would not be limited to, service stations, ice skating, miniature golf, plant nurseries, etc.
- Landscaping. Parking areas shall be landscaped where possible around the periphery and at the ends of parking rows in accordance with the landscaping plan approved by the Planning Commission.
- Trash Storage. No trash, used materials, or wrecked or abandoned vehicles or equipment shall be stored in an open area. Containers for storage of trash of a size, type and quantity approved by the Town shall be maintained in a location approved by the Planning Commission in conjunction with approval of the development plan.
- Walls and Fences.
- No wall, fence or opaque hedge or screening material higher than thirty-six (36) inches shall be maintained within a required front yard in a C Zone.
- A decorative wall or privacy fence at least six (6) feet in height shall be erected along all property lines, which lie adjacent to a residence side and rear.
SUPPLEMENTARY DEVELOPMENT STANDARDS
7.2 Establishment of uses not specified
7.3 Clarification of ambiguity
7.4 Public Utilities – Exception
7.5 Location of boats, boat trailers, & travel trailers
7.6 Abandoned, wrecked, or junked vehicles
7.8 Height limitation exceptions
7.9 Clear vision area – corner lots
7.10 Side yard modification – combined lots
7.11 Lot area reduction – Public use
7.12 Double frontage lots – two front yards
7.13 Effect of street plan
7.14 Swimming pools
7.15 Adult entertainment prohibited
The purpose of this chapter is to provide for the several miscellaneous land development standards, which are applicable throughout the Town regardless of 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 the chapter shall prevail over conflicting provisions of any other chapters herein.
7.2 ESTABLISHMENT OF USES NOT SPECIFIED
- When use is not specifically contained in the list of permitted uses in any commercial or agricultural or industrial zone, but is of the same character and intensity as other uses listed, the Planning Commission makes the following findings:
- That the establishment of the use will be in accordance with the purposes of the zone in which that use is proposed.
- That the use will be an appropriate addition to the zone because it has the same basic characteristics as the other uses permitted in the zone.
- That the use will not be detrimental to the public health, safety, or welfare.
- That the use shall not adversely affect the character of that zone in which it is proposed to be established.
- That the use will not create more traffic, odor, dust, dirt, smoke, noise, vibration, illumination, glare, unsightliness, or any other objectionable influence than the amount normally created by any of the uses listed as permitted uses in that zone.
- That the use will not create any greater hazard of fire or explosion that the hazard normally created by any of the uses listed as permitted uses in that zone.
- The Planning Commission shall, at the same regular meeting in which they have allowed the establishment of a use in accordance with the above provisions, set a public hearing in accordance with Section 1.8 of this Title at which the Planning Commission shall determine whether the use should be recommended to the Town Council as an amendment to this Title for addition to the list of permitted uses in the respective zone in which said use has been established.
7.3 CLARIFICATION OF AMBIGUITY
If ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent of the Title, or which respect to matters to height, yard requirement, area requirements, or zone boundaries, as set forth herein and as they may pertain to unforeseen circumstances, including technological changes and processing of materials, it shall be the duty of the Planning Commission to ascertain all pertinent facts and set forth its findings and its interpretations, and thereafter such findings and interpretations shall govern.
7.4 PUBLIC UTILITIES – EXCEPTIONS
The provisions of this Title shall not apply to structures of facilities used or usable by any utility company solely for the purpose of distributing electric or communication services, and shall not be construed to limit or interfere with the installation, maintenance and operation of public irrigation ditches, pipe lines and electric or telephone distribution and transmission lines, when located in accordance with the applicable rules and regulations of local and state agencies; except that all transmission lines, electric substations, storage yards and public utility buildings and towers shall be subject to site plan approval.
7.5 LOCATION OF BOATS, BOAT TRAILERS, AND TRAVEL TRAILERS
Boats, boat trailers or travel trailers my not be placed, kept or maintained within the town right of way or public road way area of the residential-agricultural (RA) zone, except that such boats or trailers may be located anywhere on the lot, expect in a clear vision zone of a corner lot as defined in Section 6.9. hereof for a temporary period not to exceed twenty-four (24) hours for loading and unloading purposed, or for temporary storage not to exceed seven (7) days if such facility is owned by a bonafide guest of the occupants of the premises.
7.6 ABANDONED, WRECKED, OR JUNKED VEHICLES
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 public street or right of way, within the Town limits of the Town of Fayette for a period of time in excess of seventy-two (72) hours, that two (2) or less such vehicles or parts thereof must be stored if within a building, or placed behind an opaque screening fence; and except that said vehicles and parts may be within a junk yard or automobile wrecking yard lawfully established pursuant to the provision of this.
The accumulation and storage of more that two (2) such vehicles or part(s) thereof, as defined above, on public street or town right of way accept, as set forth above shall constitute a nuisance detrimental to the health, safety and welfare of the inhabitants of the Town of Fayette. It shall be the duty of the owner of such vehicle or part(s) thereof or lessee or other person upon which such vehicle or part(s) thereof is located, to remove the same from the public street or town right of way.
7.7 HEIGHT LIMITATION – EXCEPTIONS
Where doubt exists as to height of fences, hedges, buildings, structures, etc., provided for in this Title, height limitations shall be measured from the average finished grade of the front yard for buildings, or from the average finished grade of t he yard in which fences, hedges, or other such structures are located.
The height limitation of this Chapter shall not apply to church spires, belfries, cupolas, or domes not used for human occupancy, nor to chimneys, ventilators, sky lights, water tanks, silos, cornices without windows, antennas, radio towers, or properly screened mechanical appurtenances usually carried above the roof level of a building.
7.8 CLEAR VISION AREA – CORNER LOTS
In all zones which require a front yard, no obstruction to view in excess of three (3) feet in height shall be placed on any corner or reversed corner lot within a triangular area formed by the street property lines and the line connecting them at points twenty-five (25) feet from the intersection of street lines, except that street trees are permitted which are pruned at least seven (7) feet above the established grades of the curb so as not to obstruct clear view by motor vehicle drivers.
7.9 SIDE YARD MODIFICATIONS – COMBINED LOTS
When the common boundary separating two or more contiguous lots is covered by a building or a permitted group of buildings, such lots shall constitute a single building site and the side yard as required by this Title shall not apply to such common boundary line. The side yard requirements of this Title shall apply only to the exterior boundaries of the contiguous lots so joined.
7.10 LOT AREA REDUCTION – PUBLIC USE
A reduction in the minimum required area for a lot or parcel of land, which is owned by the Town. County, State or other public entity or public utility may be granted by a variance issued by the Board of Adjustment provided such lot or parcel is used exclusively for public purposes and provided that no living quarters are located upon such lot or parcel.
7.11 DOUBLE FRONTAGE LOTS – TWO FRONT YARDS
A double frontage or through lot shall have a front yard as required by the respective zone on each street on which it abuts.
7.12 EFFECT OF STREET PLAN
Whenever front or side yard is required for buildings abutting on a proposed street which has not been dedicated or constructed, but which has been designated by the Planning Commission as a future street on the official map, the depth of such front or side yards shall be measured from the nearest line of the planned street.
7.13 SWIMMING POOL
Swimming pools of permanent construction which are not enclosed within a building shall be set back at least five (5) feet from all property lines and shall be completely surrounded by a fence or wall having a height of at least six (6) feet. There shall be no openings larger than 3 square inches except for gates, which shall be equipped with self-closing and self-latching devices.
7.14 ADULT ENTERTAINMENT PROHIBITED
No shop, retail business store, drugstore, or other premises licensed or permitted to do business within any district may be located within a ten (10) block radius of any school, church, park, or play ground if said business establishment caters exclusively to adult persons to the advertised exclusion of minors under the age of eighteen (18) .
Any special condition established by the Planning Commission and made of record in the Home Occupation permit, as he deems necessary to carry out the intent of the Section shall be met.
8.2 Uses Allowed
8.3 Prior Approval Required
8.4 Action of Commission
The following regulations are proved to accommodate those uses of land or within existing buildings which are temporary in nature and are not, therefore, listed as regular permitted or conditional uses and in any proper conditions impose on adjacent properties and negatively affect the general health, safety, and welfare of the citizens of Fayette.
8.2 USES ALLOWED
Uses allowed on a temporary basis in accordance with provisions of this chapter may include, but will not be limited to the following: Carnivals, circuses, fireworks, stands, Christmas tree lots, flower stands, rummage sales, promotional displays, tents for religious services, revivals, retreats, trailers or vehicles for temporary sales, and political rallies, or campaign headquarters.
8.3 PRIOR APPROVAL REQUIRED
Prior to the establishment of any of the above uses, or temporary uses similar thereto, a temporary use permit must be obtained from the Planning Commission. In granting said permit, the Planning Commission shall make the following findings:
- That the conduct of the requested use will not have any detrimental effects of adjacent properties and will be in general harmony with surrounding uses.
- That the requested use will not create excessive traffic hazards on adjacent streets and that traffic control, if necessary, shall be provided at the expense of the applicant.
- That the applicant shall have sufficient liability insurance for the requested use or event.
- That the applicant shall provide, at their own expense, for the restoration of the site of said use to its original condition including such cleanup, washing and replacement of facilities as may be necessary.
- That said use shall occupy the site for a period not to exceed ten (10) days, except for Christmas tree lots, which shall not exceed a period of thirty (30) days, and campaign headquarters, which may be established for a maximum period to be determined by the Planning Commission.
8.4 ACTION OF COMMISSION
The Planning Commission may approve a use which they deem to have satisfactorily met the above requirements, may deny use which does not meet said requirements or may approve the establishment of a use with such additional conditions as the Planning Commission may deem appropriate to assure the use will be compatible and will not pose any detriment to persons or property. Said conditions may include a limitation upon hours of operation and/or a time limitation which is less than the maximum established by the Chapter.
9.1 Nonconforming Use Defined
9.2 Nonconforming Use of Open Land
9.3 Nonconforming Buildings
9.4 Nonconforming Use of Conforming Buildings
9.5 Nonconforming Use Nonconforming Buildings
9.6 Change in Status of Nonconforming Use
9.7 Reconstruction of Nonconforming Building Partially Destroyed
9.8 Nonconformance Limited to Zone Groups
9.9 Nonconforming Uses Detrimental to Health and Safety Not Included
9.1 NONCONFORMING USE DEFINED
As used in this Title, a nonconforming use in the use of any building, structure, or land which is prohibited by any zoning, building, or other regulatory ordinances, but which lawfully existed prior to the effective date of such ordinance. Residential uses and residential structures occupied for residential purposes or vacant at the time of adoption of these provisions shall be exempted from the provisions of the chapter. This shall not be construed to allow new residential construction except as provided by the provisions of the respective zone.
9.2 NONCONFORMING USE OF OPEN LAND
A nonconforming use of land lawfully existing on the effective date of such ordinance may be continued provided such nonconforming use shall not be expanded or extended into any other portion of a conforming building or open land, and no structures, additions, alterations, or enlargements thereto shall be made thereon, except those required by law. If said nonconforming use is discontinued for a continuous period of more than twelve (12) months, any future use of such land shall conform to the provisions of the zone in which it is located.
9.3 NONCONFORMING BUILDINGS
A nonconforming building in any zone may be continued for the period described in this Chapter, provided no additions or enlargements are made thereto and no structural alterations are made therein, except those prescribed by law. If any such nonconforming building is removed, every future use of the land on which the building was located shall conform to the provisions of this Title.
9.4 NONCONFORMING USE OF CONFORMING BUILDINGS
The nonconforming use of any conforming building lawfully existing on the effective date of this Title, may be continued provided such nonconforming use shall not be expanded or extended into any other portion of the conforming building nor shall any structural alterations except those required by law be made, and if such nonconforming use is discontinued for a continuous period of more than twelve (12) months, any future use of such building shall conform to the provisions of the zone in which it is located.
9.5 NONCONFORMING USE OF NONCONFORMING BUILDINGS
The nonconforming use of a nonconforming building lawfully existing on the effective date of the Title may be continued for the period prescribed in the Title. If such nonconforming use is discontinued for a continuous period of more than twelve (12) months, any future use of the said building shall conform to the provisions of the zone in which it is located.
9.6 CHANGE IN STATUS OF NONCONFORMING BUILDINGS
If a nonconforming use is vacated, it may be succeeded by an equally restrictive or more restrictive use provided such change is effected within six (6) months. After a change to a more restrictive use is in effect, that change shall be evidence that the less restrictive nonconforming use had been abandoned and thereupon loses any vested right as such, and the degree of nonconformity may not subsequently be increased by changing back to a less restrictive use.
9.7 RECONSTRUCTION OF NONCONFORMING BUILDINGS PARTIALLY DESTROYED
A nonconforming building destroyed to the extent of not more than fifty (50) percent of its reasonable replacement value at the time of its destruction by fire, explosion, or other casualty or act of God, or public enemy, may be restored and the occupancy or use of such building or part thereof which existed at the time of such partial destruction; and may be continued subject to all of the provisions of the Title.
9.8 NONCONFORMING LIMITED TO ZONE GROUPS
Not withstanding any other provisions of this Title, no uses permitted in the Residential-Agricultural (RA) Zone and lawfully existing in the Residential-Agricultural (RA) Zone at the time of the effective date of this Chapter shall be considered nonconforming in the Residential-Agricultural Zone; no uses permitted in the Commercial (C) Zone, and lawfully existing in the Commercial (C) Zone at the time of the effective date of the Chapter shall be considered nonconforming in the Commercial Zone. This section shall be applicable only to nonconforming uses.
9.9 NONCONFORMING USES DETRIMENTAL TO HEALTH AND SAFETY NOT ALLOWED
No provisions of this Chapter shall be construed to allow the continuance of any nonconforming use when, in the opinion of the Planning Commission after consultation with the Town Attorney and other authorized officials relating to a specific nonconforming use, it is deemed to be detrimental to the health, safety and welfare of the general public.
OFF-STREET PARKING STANDARDS
10.1 Continuing Obligation
10.2 Nonconforming Facilities
10.3 Parking Requirements For Uses Not Specified
10.4 Exemption from Parking Requirements
10.5 Required Improvement and Maintenance
10.1 CONTINUING OBLIGATION
The required of-street parking facilities shall be continuing obligation of the property owner so long as the use requiring vehicle parking or vehicle loading facilities continues. It shall be unlawful for any owner of any building or use to discontinue or dispense with the required vehicle parking facilities without providing some other vehicle parking area, which meets the requirements of the Chapter.
10.2 NONCONFORMING FACILITIES
Any use of property which on the effective date of the Chapter, or of any subsequent amendment thereto, is nonconforming only as to the regulations relating to off-street parking facilities may continue in the same manner as if the parking facilities were conforming. Such existing parking facilities shall not be further reduced, however.
10.3 PARKING REQUIREMENTS FOR USES NOT SPECIFIED
The parking requirements for land uses, which are not specified in this Chapter, shall be determined by the Planning Commission. Said determination shall be based upon the following requirements for the most comparable use specified herein.
10.4 EXEMPTIONS FROM PARKING REQUIREMENTS
None of the requirements of the Chapter for off-street parking spaces shall apply to a building in existence at the time of the effective date of this Chapter. No building, as it exists at the time of the effective date of the Chapter, shall be deemed to be nonconforming solely by reason of the lack of off-street parking spaces, provided that any portion of the premises being used for off-street parking in connection with any such building shall not be reduced below existing parking levels or the requirements of this Chapter.
10.5 REQUIRED IMPROVEMENT AND MAINTENANCE
Every lot or parcel used as a public parking area shall be paved with concrete or asphaltic material and maintained. The grade shall be of such to dispose of all surface water. Said surface water drainage shall not cross a public sidewalk.
(16) feet in width for two way traffic.
11.1 Subdivision Plats Required
11.2 Subdivider to Contact Town Officials
11.3 Sketch Plan
11.4 Preliminary Plan
11.5 Final Plat
11.6 Final Acceptance
11.7 Design and Documentation Requirements
11.8 Improvement Requirements
11.9 Costs and Charges of Subdivision
11.10 Standards and Specifications
11.11 Street Design
11.13 Public Use and Service Areas
11.14 Suitability of the Land
11.15 Access to Lots
11.16 Drawings Required
1118 Donation, Gifting or Procurement of Land for Parks
11.19 Administrative Responsibilities
11.20 Enforcement, Penalty
11.1 SUBDIVISION PLATS REQUIRED
- From the effective date of the Code, no person shall subdivide any tract of land which is located wholly or in part within the limits of Fayette Town; nor shall any person sell, exchange or offer for sale, or purchase or offer to purchase any parcel of land which is divided into two (2) or more parcels of land within Fayette Town; nor shall any person offer for recording any deed conveying such a parcel of land or any interest therein, unless he shall first make or cause to be made a final plat thereof, which plat shall conform to all requirements of the TITLE and shall have been approved by the Planning Commission and Town Council and recorded in the office of the Sanpete County Recorder.
- All divisions of land required Compliance with this Chapter of this Code before the issuance of a building permit.
11.2 SUBDIVIDER TO CONTACT PLANNING ADMINISTRATOR AND/OR ZONING OFFICER
Any person desiring to subdivide land within Fayette Town shall secure from the Planning Administrator and/or the Zoning Officer and/or Town Recorder, all necessary information pertaining to Fayette Town’s plan of streets, parks, drainage, zoning and other General Plan requirements affecting the proposed subdivision.
11.3 SKETCH PLAN
Any person or firm wishing to obtain approval to develop any tract of land shall comply with the following procedure:
- Sketch Plan. The sketch plan shall consist of a simple layout of existing and proposed streets, lots, major buildings (planned residential developments), utilities, drainage channels, and other features including existing utilities, drainage and water courses, including irrigation supply and waste ditches, in relation to the existing and planned streets within one fourth (1/4) mile of the development. The plan may be a pencil sketch, or may be made directly on an aerial photograph. The plan shall be prepared at a scale of not smaller than one (1) inch to four hundred (400) feet.
- After compiling the necessary data the developer shall contact the Fayette Town Recorder and request permission to make a presentation to the Planning Commission concerning plans and objectives of the developer. The Commission and the developer shall discuss the procedures, ordinance requirements and standards as they relate to the proposed development.
- PLANNING COMMISSION APPROVAL OF SKETCH PLAN.
- In no way shall the meeting with the Planning Commission be construed as to constitute approval of the development. The primary purpose of the sketch plan review process is to permit the petitioner to review with the Planning Commission the general concept of the proposed development and to receive informal feedback from the Planning Commission as to whether the development appears feasible, whether there appear to be obvious defects in the development scheme, and if the proposed development is in harmony with the General Plan and this Development Code. This meeting is intended to aid the developer in the preparation of the plans and documents before incurring potentially unnecessary expenses of detailed plat and plan preparation.
- At the conclusion of the sketch plan meeting with the Planning Commission, if it is determined that a zone change is necessary, an application for the zone change will be filed by the petitioner together with the fee determined by resolution.
- Upon receiving approval for a zone change, the developer shall submit a preliminary plan application to the Secretary of the Planning Commission. Said preliminary plan application shall be attached to all maps, statements, documents and other information required in this ordinance, along with the submittal fee required by resolution.
11.4 PRELIMINARY PLAN
- Developer Submits Application for Preliminary Plan Review. The developer shall submit a copy of the application with all maps, charts, statements, documents and other information required on the preliminary plan application to the Town Recorder.
- Consideration of the preliminary plan shall not be placed on the Planning Commission agenda for a given meeting unless the application was submitted no fewer than fourteen (14) days prior to said regularly scheduled meeting. Coincident with placing consideration of the preliminary plan on the Planning Commission agenda written notice of the proposed development shall be mailed to all property owners within three hundred (300) feet of the proposed development. The cost of mailing the notice, along with a reasonable administrative fee as established by motion or resolution of the Town Council, shall be borne by the developer
- Planning Commission Reviews and Takes Action On Preliminary Plans. Following receipt of the Town Council and/or the Town Engineer’s recommendations, the Planning Commission shall review with the developer the report submitted by the Town Council and/or the Town Engineer. The commission shall either approve or disapprove the preliminary plan, documents and statements or refer them back to the developer for the following reasons:
- The development has been found to be inconsistent with the Fayette Town General Plan; or
- The Planning Commission requires that certain specific changes be made to the plan in order to bring the plans into compliance with Fayette Town standards; or
- The plans or documents and statements are incomplete; or
- Other reasons as indicated on preliminary plan application.
- Building where proposed roads are suppose to be.
- Town Council Reviews Preliminary Plan. At least seven (7) days prior to the Planning Commission meeting, at which the preliminary plan will be considered, the Town Council shall review and return to the Planning Commission the preliminary plans accompanied by recommendations pertaining to corrections, additions, and deletions necessary to bring the same into compliance with Fayette Town standards.
- Planning Commission Approval. Preliminary approval of plans and documents by the Planning Commission shall not constitute approval of the final plan, but shall be deemed as an expression of tentative approval of the layout of the preliminary plan which the developer may use as a guide in preparing the final plan and documents. Final approval shall only be accorded by the Town Council. Following approval of the preliminary plans by the Planning Commission, a copy of the plans shall be submitted for review by the Town Council.
- Action of the Town Council. The Town Council shall review the preliminary plan and shall approve or disapprove the preliminary plan or refer it back to the Planning Commission for further study. Before taking action on the plan, the Town Council may, but shall not be required to, hold a public hearing. Said hearing shall be called by making legal notice, in a newspaper having general circulation in Fayette Town, not more than thirty (30) nor less than fifteen (15) days prior to the date of the hearing and/or by posting in three (2) public places within Fayette Town. The legal notice shall contain the date, place, and time of the hearing. Upon approval of the preliminary plan by the Town Council, the developer shall be authorized to prepare and submit the final plan to the Planning Commission and Town Council which shall be in compliance with all procedures, requirements and standards relating to final approval.
- Limitation of Preliminary Plan Approval. The preliminary plans and documents shall be valid for six (6) months from the date of action by the Town Council. The said time period may be extended for an additional six (6) months upon approval by the Planning Commission and the Town Council. Any such extension of time shall be requested in writing and submitted to the Planning Commission no less than thirty-one (31) days prior to the expiration of the preliminary approval period. No construction shall be permitted until final approval has been obtained.
11.7 FINAL ACCEPTANCE
Within twenty-four (24) months after final approval of plans by the Town Council, all required improvements shall be completed by the developer and inspected by the Town Council and the county building inspector. The Town Council shall then certify that all requirements have been completed by the developer at which time the Town Council shall give final acceptance to the subdivision.
11.8 DESIGN AND DOCUMENTATION REQUIREMENTS
The layout and design of all subdivision and engineering plans and the content of all required documentation shall be in accordance with the minimum Town standards and specifications which are provided for by this Title.
11.9 IMPROVEMENT REQUIREMENTS
After the subdivider’s final plan has been approved, he shall construct the required improvements under the direction of the Town Council and Planning & Zoning as herein specified. Before final acceptance of any subdivision lying within Fayette Town shall be approved, the following improvements shall be constructed in accordance with Town specifications and under the inspection the Town council and/or the Town Planning & Zoning.
- Permanent Marker. All subdivisions boundary corners, all points of tangent, and street intersections shall be definitely marked with metal monuments approved by the town Council and/or the Town Planning & Zoning.
- Streets. All streets shall be graded, graveled and hard-surfaced in accordance with Fayette Town specifications. Traffic regulatory, safety, and street identification signs shall be erected.
- Water lines and Fire Hydrants. In all subdivisions, a culinary water supply, water lines and fire hydrants shall be required as follows:
- The subdivider shall have prior approval for connections to system or to other source, and shall make such water available to each lot within the subdivided area. Sizes of water mains shall be subject to the approval of the Town Council and shall be based upon fire protection requirements, but in no case shall they have a diameter of less than six (6) inches. Workmanship and details of construction shall be in accordance with Town specifications and with the State Board of Health requirements. Culinary subdivider responsible for enough water rights transfer for maximum use of users. Subdivider must provide their own water unless provided by variance.
- Fire hydrants shall be installed at intervals within the subdivision in such a manner that no lot will be a distance greater than five hundred (500) feet from the closest hydrant, measured along the streets.
- Gas, Electricity, Telephone Services and Any Other Utility. The subdivider shall make natural gas, electricity, telephone services and any other utility available to each lot in the subdivision area. These improvements shall be complete before the streets are hard-surfaced. Installation shall be approved by the utility company providing the service and the Fayette Town Council.
11.10 SUBDIVISION COSTS AND CHARGES
(1) Except as may otherwise be provided in this Chapter, all costs and charges for the development and planning of subdivisions shall be borne and paid by the subdivider and shall not be paid by the Town.
11.11 STANDARDS AND SPECIFICATIONS
- All subdivisions in the Town of Fayette shall be subject to the design criteria as set forth by the Fayette General Plan. These standards shall be strictly followed in the design and construction of all improvements, including, utilities, storm drainage, and any other improvements related to the development of subdivision. All subdivision plats submitted to the Fayette Town Planning Commission for approval will be reviewed by the Town Council and/or the Town Planning & Zoning to determine compliance with these standards. The Town Council, Building Official or other authorized personnel will inspect the installation of improvements to assure compliance to these standards during construction.
- If there are any conflicts or inconsistencies between the requirements as set forth in this Subdivision Code, the General Plan, and the standards set by the Sanpete County Development Committee, whichever is more stringent shall prevail.
11.12 STREET DESIGN
- Street designs must conform to the adopted street plan for the area as regards alignment and right-of-way widths. The layout of proposed streets for any development must give due consideration to the extension of the street network to abutting properties, developed or undeveloped, in order to produce a safe, effective street network in conformity with the intent of the transportation and circulation element of the General Plan once development of the area has been completed. Insofar as possible, offset streets or jogs at intersections shall be avoided in order to bring about the best development of the area.
- Street right-of-way in the Town of Fayette must conform to the following specifications:
- Main street and 1st east are 100 foot right of way.
- Arterial roads Not less than eighty (80) feet.
- Local roads Not less than sixty (60) feet.
- Pedestrian walkways Not less than three (3) feet.
Grades on streets shall not exceed eight (8) percent.
Streets shall intersect each other as nearly at right angles as topography and other limiting factors of good design will permit.
Every subdivided property shall be served from a dedicated public street.
Streets shall not be designed to have one end permanently closed.
Proposed streets shall bear the number (#), not a name, and any existing street which it is in obvious alignment must have the same number (#).
Blocks shall not be less than four hundred ninety-five (495) feet in length.
Streets shall be hard surfaced from curb to curb.
- Insofar as practical, side lot lines shall be at right angles to street lines. Each lot shall front on a public street or road that is on the State Highway System, or that is dedicated to the Town of Fayette.
- Lot sizes: Residential lots shall conform to the zoning as established in this Fayette Town Zoning Code and the adopted Zoning Map.
- Lot size measurements will be considered as actual measurements. It is not intended that all lot sizes in an areas be of identical size. Lot size denotes the minimum allowable under the zoning ordinances.
11.14 PUBLIC USE AND SERVICE AREAS
- The Planning Commission may required easements not exceeding ten (10) feet in width for poles, wires, conduits, storm and sanitary sewers, gas, water, and heat mains or other utility lines along the rear lot lines and along side lot lines.
- No irrigation ditches, canals, or other waterway shall be located within a dedicated public street except to cross such street in a location approved by the Town Council.
- All streets within the subdivision must be dedicated to the Town of Fayette.
- All canals and major ditches shall be fenced on both sides for public safety, health, and welfare with a six (6) foot chain link fence as specified by the Town Planning & Zoning and/or the Town Council. All irrigation ditches running contiguous or within a property or subdivision shall be piped and covered. Pipe size and quality shall be determined by the Town Engineer and/or the Town Council in consultation with the serving irrigation company. Developers of any parcel of land must give due consideration in their development plan to the location of any existing legally established irrigation supply or waste water ditch, either company or private owned, and provide for the continued supply of irrigation water to downstream users and disposal of wastewater. Written approval by irrigation companies of alterations to irrigation systems within proposed developments shall be submitted by developers to the Town Council prior to recording the final plat.
11.15 SUITABILITY OF THE LAND
No land shall be subdivided for residential use which is held by the Planning Commission to be unsuitable for such use by reason of flooding or bad drainage, or any feature likely to be harmful to the health, safety or welfare of the future residents in the proposed subdivision or of the community unless and until such land is rendered suitable for residential use.
11.16 ACCESS TO LOTS
Access to each and every lot shall be provided by a public street that has been dedicated to the Town of Fayette. The street layout for any proposed development must give due consideration to the future development of adjacent parcels of ground. Reasonable access to adjacent properties must be provided. No parcel of ground may be landlocked as a result of the development of any other parcel of ground.
11.18 DRAWINGS REQUIRED
Plans showing the locations, size, grade and depth of all water and sewer mains, water and sewer laterals, valves, manholes and other subsurface utility and service lines and facilities shall be submitted to the Town by the subdivider prior to the release of any performance guarantees. The location of required survey monuments shall be approved by the Town Engineer and/or the Town Council, at the request of the subdivider to the Town Council, before the release of any performance guarantees.
Where the subdivider can show that a provision of these general requirements and minimum standards of design would cause unnecessary hardship if strictly adhered to and where, because of topographical or other conditions peculiar to the site, in the opinion of the Planning Commission, a departure may be made without destroying the intent of the provisions, the Planning Commission may recommend to the Board of Adjustment that it authorize a variance. Any variance so authorized shall be stated on the final plat and the reasons for such departure shall be entered in writing in the minutes of the Board of Adjustment.
11.21 DONATION, GIFTING OR PROCUREMENT OF LAND FOR PARKS
A developer or land owner may propose a park incorporated into his development plat for purposes of donation or gifting, or for future sale to the Town, it will be the option of the Town Council to determine the need and feasibility for such a design. When a park or recreational facility has been designated in the Town’s General Plan and is to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the neighborhood within which the subdivision is located, the subdivider or developer may donate, gift or sell land for a local park sufficient in size and topography to serve the residents of the neighborhood within which the subdivision is located. Donated, gifted or sold land, for procurement are at the option and discretion of the Town Council and they may place conditions to the acceptance of such property. It is the intent of this section to encourage incentives and cooperation with developers in the implementation of the Town’s General Plan as it relates to parks and recreation properties. It will be the responsibility to the Town Council to establish criteria for park development.
11.22 ADMINISTRATIVE RESPONSIBILITIES
All administrative officials of the Town of Fayette shall refrain from issuing building permits or from opening, accepting, grading or paving a street or authorizing the laying of sewers and water mains, making connections from the mains to such lines in a street which has (1) not received the status of a public street, or (2) does not correspond with a street on a subdivision plat tentatively approved by the Planning Commission, or (3) having been submitted to the Planning Commission and disapproved by it, has not been accepted by the Town Council by a favorable vote of not less than a majority of they membership.
- It shall be unlawful to record any plan or plat of a subdivision in the office of the County Recorder unless the same shall bear thereon the approval of the Town Council and the Town Planning Commission. Whoever, being the owner or agent of the owner of any land located within a subdivision in the incorporated area of Fayette Town, transfers or sells any land in such subdivision before the plan thereof has been approved by the Town Council and the Planning Commission and recorded in the office of the County Recorder, or parcel within the outermost bounds of recorded subdivision which does not conform to the approved and recorded lot lines of the plat without first following the procedure of amending the subdivision plat as required by State Law (57-5-7 UCS 1953), shall be guilty of a misdemeanor for each lot or parcel of land transferred or sold. The description of lots or parcels of land by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from the penalties in 10-9-30, Utah Code Annotated, 1953, or from the remedies herein provided; except that in subdivisions of less than ten (10) lots, land may be sold by metes and bounds without the necessity of recording a plat if all of the following conditions are met:
- The subdivision layout, or preliminary plan, shall have first been approved in writing by the Planning Commission.
- The subdivision is not traversed by the mapped lines of a proposed street as shown on road plans as approved by the Town Council and does not require the dedication of any land for street or other public purposes.
- If each lot in the subdivision complies with the frontage, width and area requirements of these subdivision regulations.
- The Town may enjoin such transfer or sale or agreement by action for injunction brought in any court of equity jurisdiction or may recover said penalty by civil action in any court of competent jurisdiction.
B.Each person, persons, firm or corporation found guilty of violation shall be deemed guilty of a separate offense for every day during which any violation of any provision of this ordinance is committed, continued or permitted by such person, persons, firm or corporation and shall be punished as provided in this ordinance.
12.2 Residential-Agricultural (RA) Zone
12.3 Commercial (C) Zone
The purpose of this Chapter is to standardize the size and limits placed on signs in Fayette Town. No sign in Fayette Town may display anything that is illegal, obscene, or morally degrading. Because Safety and Aesthetics are of major importance when placing signs, all signs erected must be approved by the Planning and Zoning Commission before applying for a Zoning Application and Building Application.
12.2 RESIDENTIAL-AGRICULTURAL (RA) ZONE
Unless otherwise prohibited by law, signs of the type and description listed below, may be placed and maintained in the RA zone:
- Signs or name plates not exceeding two (2) square feet in area and displaying only the name and address of the occupant.
- Two (2) temporary signs with a maximum area of six (6) square feet each. Temporary sign may be erected no more than thirty (30) days prior, and must be removed within thirty (30) days after the event they pertain to.
- Signs or monuments identifying points of interest or sites of historic significance. The size of said signs or monuments shall be specifically approved by the Zoning Officer.
12.3 COMMERCIAL (C) ZONE
Unless otherwise prohibited by law, signs of the type and description listed below, but no others, may be placed and maintained in the C Zone.
- Commercial Signs with the following limitations:
- No Animation or Sounds.
- Must meet the Unified Building Code.
- Sign must be on the property that it represents. No off-site signs.
- Sign may not project into or over any public property.
- Signs attached to a building may not extend higher than the highest point of the building.
- Free standing signs must maintain an open vision area underneath the sign of seven (7) feet and cannot be taller than thirty-two (32) feet to the highest point.
- One Hundred Fifty (150) Square feet Maximum.
- Two (2) temporary Signs with a maximum of sixteen (16) square feet each. Temporary signs may be erected no more than thirty (30) days prior, and must be removed within (30) days after the event they pertain to.
An ordinance regarding weeds on unoccupied lots in town limits.
- Property is to be Kept clean. It is an infraction for any person owning or occupying real property to allow weeds to grow higher on such property than is permitted by this section or not to remove from such property any cuttings of such weeds or any refuse, unsightly or deleterious objects after having been given notice from the health director as hereinafter provided.
- Weeds—Defined. “Weeds” means and includes any vegetation commonly referred to as a weed, or which shall have been designated a noxious weed by the Utah Commissioner of Agriculture.
- Standards of Weed Control.
- It is declared that the above stated weeds constitute a nuisance when they create a fire hazard, a source of contamination, or pollution of the water, air or property, a danger to health, a breeding place or habitation for insects or rodents or other forms of life deleterious to humans or are unsightly or deleterious to their surroundings.
- The cut weeds shall be removed from the premises within five days after cutting.
- Violation of this ordinance shall require a fine.
- It is a violation when weeds become a fire hazard.
OPEN AND CLOSE BURN ORDINANCE
OPEN BURN SEASON DATES
Open burn season dates are as follow November 1 to May 31
Town of Fayette residents are allowed to burn yard waste debris during open burn season without a Burn Permit from designated Fire official.
Yard Debris consist of Natural Vegetation consistent of dried material that is flammable, that has grown and/or came to stop in said property.
Not considered Yard Debris Natural Vegetation that is not considered dried material and/or flammable.
Not Natural Vegetation: Any material that is made of Chemicals and/or produced in Factories.
It is asked and recommended the property owner notifies Sanpete County Sheriff Dispatch Center of the planned burn before the open burn takes place.
All burning during Open Burn Dates shall be done in safe manner.
The burn site shall be clear both vertically and horizontally of all flammable material both Natural and Man-made. The burn site shall be scraped down to bare mineral soil for at least two times the size of the material pile that is planned to be burnt.
There shall be a at least one standard size shovel dedicated to the use of suppression maintained at the burn site until the fire has been extinguished to the point of no smoke and cooled to the touch.
There shall be at least 5 gallons of water and/or a 5 pound or above class ABC fire extinguisher maintained at the burn site until the fire has been extinguished to the point of no smoke and cooled to the touch.
No Open Burning on a day that a Red Flag Warning has been issued for the area of
Town of Fayette
Burning during Open Burn season shall not relieve an individual from personal liability due to neglect or incompetence. Where the fire escapes control of the burn pile and the necessitates fire control action or does injury to property of another. This may be held prima facia evidence that the fire was not safe.
OPEN BURN WITH A BURN PERMIT
Open burn with a Burn Permit season dates are as follow October 1 To October 31
Town of Fayette residents are allowed to burn yard waste debris during the following dates October 1 and October 31 if the owner of the property secures a Burn Permit form the Town of Fayette, from the Fire Chief or Assistant Fire Chief or if the Fire Chief or Assistant Fire Chief is not availably a designated Official, Jay Bartholomew, from the Town of Fayette.
The property owner that has a secured a Burn Permit can only use the said Burn Permit for the property address that it is designated on the said Burn Permit.
The said Burn Permit can only be used for the designated date or dates assigned to the Burn permit. If the open burn that the said Burn permit could not be used the property owner can contact the City Fire Official to have the Burn Permit updated for another date or dates.
In the case of a Red Flag Warning, Burn Permit is void of use for the date and/or dates that correspond with the Red Flag warning.
The property owner that secures a Burn Permit shall follow all descriptions and rules of the Open Burn allowances.
Burning during Closed Burn season with a Burn Permit shall not relieve an individual from personal liability due to neglect or incompetence. Where the fire escapes control of the burn pile and the necessitates fire control action or does injury to property of another. This may be held prima facia evidence that the fire was not safe.
Closed Burn Season Dates
June 1st to September 30th
Town of Fayette residents are not allowed to have an open burn during the closed Burn Season of any flammable material including yard debris.
Exceptions During Closed Burn Season
1- Any Local fire, State fire, or Federal Fire Officials in the performance of official duty.
2- Devices for the primary purpose of preparing food such as outdoor grills and fireplaces.
Fires used solely for recreational purposes pending the following guidelines are followed:
3- Where such fires are under control of a responsible adult of 18 years old or older the fire is contained in a pit 18 inches deep into mineral soil absent of roots or any other organic materials or solid ring made of non-combustible material that is at least 18 inches in height or a minimum of 10 inch sides on a manufacture fire pit with a spark arrest screen with spacing of holes no larger than ½ inch that will contain the wood or coals while shielding the ashes from being blown by the wind.
4- Maintain 18-inch depth of the pit by removing build up ash and other material. Maintain the manufacture fire pit clean of excess ash. Assure disposed ash and/or unburned materials are completely extinguished.
Campfires must be at least 15 feet away from any combustible vegetation or structures, vertically or horizontally. Flame resistant material as part of the landscaping is excluded.
5- At least 1 standard size shovel must be dedicated and immediately available on-site for suppression.
6- 5 gallons of water or a 5 pound or above class A or ABC rated fire extinguisher dedicated and immediately available on-site for suppression.
7- Campfires must be completely extinguished, cold to the touch, when not attended.
8- Combustible material used in the campfire is clean dry wood or charcoal
9- No Recreational Fire on a day that a Red Flag warning has been issued for the town of Fayette, Sanpete Utah, or surrounding areas. Red Flag warnings are determined by the National Weather Service.
10- No Recreational Fire before 9AM or after 11PM.
Burning under an Exception during Closed Burn season shall not relieve an individual from personal liability due to neglect or incompetence. Where the fire escapes control of the burn pile and the necessitates fire control action or does injury to property of another. This may be held prima facia evidence that the fire was not safe.
Town of Fayette Officials and Fire Official will conduct a meeting to determine if conditions to be unsafe to have outdoor open fire for the general public of the Town of Fayette because of weather and/or vegetation conditions.
This ban includes Open Fires Burning during the open fire burn dates, Burn Permits issued by the designated Fire Official, devices for the primary purpose of preparing food such as outdoor grills and fireplaces, and Fires used solely for recreational purposes.
Any fire during open burn period and during closed burning period can be determined by the Fire Chief or Assistant Fire Chief or designated Official from Fayette as the Town of Fayette Fire Representative. If a fire is determined a Nuisance Fire the individual that has the said fire will be asked to immediately extinguish the fire to the point of no smoke and cool to the touch of hand.
Sanpete County Sheriff Dispatch NONE EMERGENCY ONLY phone number; 435-835-2345
Fire Weather Watch Information; https://gacc.nifc.gov/gbcc/dispatch/ut-rfc/index.htm or www.weather.gov
Short Term Rentals
Short Term Rental Ordinance.
AN ORDINANCE OF THE TOWN OF FAYETTE TOWN COUNCIL FOR REGULATING SHORT TERM RENTAL PROPERTY AND THE USE OF REAL PROPERTY FOR SHORT TERM RENTALS WITHIN THE TOWN OF FAYETTE, UTAH
WHEREAS, Fayette Town wants to preserve its peaceful residential community and is concerned that the short-term rental of single-family homes or detached residential dwellings or any portion of those units, directly impacts health, safety, and welfare of residents of the town.
WHEREAS, Fayette town council finds it is in the best interest of the health, safety, and welfare of Fayette Town, its residents, and visitors to establish reasonable regulations and permitting requirements for short term rentals of single-family homes, detached residential dwellings, or any portion of those units.
Therefore, be it ordained by the Fayette Town Council That:
Section 1. Purpose
The Fayette Town Council Finds it in the publics interest to regulate the rental of properties in Fayette for periods less than 30 days.
Section 2 Definitions
Short term rental: A residential unit or any portion of a residential unit which is rented for less than 30 days.
Licensing Official: The town Clerk or others designated by the town council
Adjacent Properties: Nearby but not necessarily touching.
Code: Fayette town Code and Ordinances, State Fire Code, and Current Internal Building Code
Chang of Ownership: To transfer title from one person or entity to another.
Resident: Owning a residential unit with water and power hook up, and is occupied by said resident for 51% or more of the year
Section 3 Limitation on short term rental
There shall be imposed limitations on short-term rentals as follows.
1) There shall be no more than one short-term rental on any one lot.
2) A short-term renter may not use a short-term rental for a purpose not intended for its use. This includes but is not limited to using the property for loud and overwhelming parties, fundraisers, sponsored events, or similar activities that may be perceived by adjoining and adjacent properties as being intrusive.
3)No tent, trailer or RV may be used as a short-term rental. No tent trailer, or RV may be used on a short-term rental property.
4)Dwellings shall be insured as short-term rental
Section 4 License Requirements and Compliance
It is unlawful for a person to keep, conduct, operate, or maintain a short-term rental property without first obtaining a business license from the Fayette Town Licensing Official.
- The owner of any property found to be operating a short-term rental without a business license, after the effective date of this ordinance. Shall be ordered to cease such activities on that property and may be found ineligible for short term rental business license for a period of 2 years.
1) The vested property owner shall be the licensee for the short-term rental.
2) Short-term rental business license is a one-year license that is required to be paid at the rate of $25 residential, $150 nonresidential. Licenses shall be renewed annually, extending the term for one additional year.
3) Short-term rental fees may be changed by resolution of the Town Council.
4) Short-term rental business license issuance and renewal date is January 1
5) If a business license is issued during the license year the license fee is fully due and payable
6) A short-term business license is not transferable between entities, persons, or dwellings. A business license attaches on to the property for which it is issued.
Section 5 Application, Issuance, Renewal
- An application for business license for the Town of Fayette shall be submitted to the Licensing Official. Licensing Official may deny any application whether initial or renewal, where the applicant does not meet the requirements laid forth in this ordinance. Application may also be denied that contains false, misleading, or incomplete information, or for compelling cause shown.
- Final approval of license issuance is the responsibility of the Fayette Town Council
- It shall be the duty of the fee title owner of the short-term rental to:
- Obtain and renew rental business license annually if the property remains short-term rental
- Cause the short-term rental to comply with the ordinance continuously and without interruption
- Promptly notify the licensing official upon any change of local contact.
Section 6 Operational Requirements
- The owner of a short-term rental shall cause lodging tax, sales tax, and all other applicable taxes to remitted to all appropriate agencies.
- The maximum occupancy shall not exceed limits set forth by Fayette town Code and Ordinances, State Fire Code, Current Internal Building Code, and controlling organizations of the short-term rental.
- All short-term rental properties shall provide contact information to the Licensing Official, where they can be reached 24 hours a day to respond to questions and concerns. The contact person shall be capable of responding to issues that may arise at the short-term rental property within one hour of the initial attempt to contact them.
- All parking of short-term rentals must be off the streets and not blocking and right of way or line of sight of drivers near intersections.
- Carbon monoxide detectors, smoke detectors, fire extinguishers, and all other Life and safety systems, shall compile with Fayette town Code and Ordinances, State Fire Code, Current Internal Building Code, and controlling organizations of the short-term rental
Section 7 Violation
- Violations of this ordinance shall be punishable by denial of a license for short term rental for the property that offended for a period of two years form discovery of the unlawful lease or rental.
- The owner of any property found to be operating a short-term rental without a Fayette short-term rental business license, violating provisions, or failing to comply with any of the requirements of this ordinance, will have 5 days to address the violation. A penalty of $250 per day or portion of a day for each violation beginning on the 6th day after the citation plus payment of the town’s reasonable attorneys’ fees, witness fees, staff time, and other incurred cost in enforcing said penalty will be assessed
- All amounts due and owing Fayette Town in conjunction with any violations of this ordinance may result in the creation of a lien as allowed by Utah Code 11-60-101
Section 8 Severability
If any section, sentence, clause, phrase, word, or other provision of this ordinance is for any reason, held to be unconstitutional or otherwise invalid, such holdings shall not affect the validity of the remaining sections, sentences, clauses, phrases, words or other provisions of this ordinance or the validity of this ordinance as an entirety.