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Home » Departments » Administration » City Code » Zoning
Zoning
TITLE 13
ZONING
CHAPTERs:
13.01 General
13.02 Scope, Interpretation, Application
13.03 Applicability of Regulations
13.04 Relationship of Zoning to Other Laws and Regulations
13.05 Planning and Zoning Commission
13.06 Board of Adjustment
13.07 Supplemental and Qualifying Regulations
13.08 Establishment of Districts
13.09 Agricultural (A20) District
13.10 Residential Designations
13.11 Rural Residential - 5 District (RR-5)
13.12 Rural Residential - 1 District (RR-1)
13.13 Residential Medium District Special (RM6S)
13.14 Residential Medium District (RM)
13.15 Multiple Residential Districts (MR)
13.16 Designation of Commercial Districts
13.17 Main Street Commercial Districts (MSC)
13.18 Highway Commercial District (HC)
13.19 Designation of Industrial and Manufacturing Districts
13.20 Industrial Park District (IP)
13.21 Manufacturing District (M)
13.22 Open Space District (OS)
13.23 Special Uses
13.24 Public Uses
13.25 Temporary Uses
13.26 Home Occupations
13.27 In-Home Day Care
13.28 Recreational Vehicle Parks
13.29 Manufactured Homes
13.30 Provisions for the Keeping of Animals
13.31 Fencing and Walls
13.32 Vehicular Parking, Loading and Maneuvering Areas
13.33 Landscaping
13.34 Yards and Setbacks
13.35 Design Review and Site Plan Review
13.36 Conditional Uses
13.37 Legal Nonconforming Structures and Uses
13.38 Annexation Procedures
13.39 Zoning Map
13.40 Zoning Ordinance Amendments
13.41 Planned Unit Development
13.42 Combining Overlay Districts
13.43 Enforcement and Penalties
13.44 Signs
13.45 Commercial Wind Energy Systems defined as > 100 kW
13.46 Residential Wind Energy Systems
CHAPTER 13.01
General
SECTIONs:
13.01.010 General
13.01.020 Relation to the General Plan
13.01.030 Intent and Purposes
13.01.040 Definitions
SECTION 13.01.010 General
This title shall be known as the Zoning Ordinance of the Milford City.
SECTION 13.01.020 Relation to the General Plan
1. The City Council has instituted a comprehensive planning program in order to ensure that the anticipated growth within the city is organized, planned, and coordinated in a manner that will not place undue burdens on the city in its ability to provide urban services and facilities. This planning program has culminated in the preparation and adoption of a comprehensive general plan.
2. The mission statement of the general plan is as follows: The Milford City General Plan represents an effort by those who live, work, invest, and recreate in Milford City and the surrounding environs to plan for their future. This effort was undertaken in order to plan for a diversified city that offers residential opportunities to all ages and income levels; encourages the development of the city's employment base to provide a range of employment opportunities; supports a broad commercial base that is diversified in type and location; protects the health, safety and welfare of all persons in the community; offers the residents of Milford City a choice of recreational opportunities that are close to home; plans for the infrastructure needed to support the community today and tomorrow; and gives the city a set of flexible land use designations that provide both structured guidance as well as opportunities for innovation.
3. The implementation element of the general plan recommends the orderly development of the city and the elimination of the potential for haphazard land development through a variety of implementation measures. Among the methods noted is a regulatory zoning ordinance to govern the uses of land and the density and intensity of development.
SECTION 13.01.030 Intent and Purposes
The zoning regulations of the city are adopted to protect, promote and enhance the public health, safety and general welfare, ensuring that development within the city is related to the city's ability to provide essential urban services and is consistent with the Milford City general plan. More specifically, these regulations are adopted to achieve the following objectives:
1. Relate proposals for development to the provisions and recommendations in the city's general plan and insure the consistency of development with the general plan;
2. Foster a harmonious, convenient, workable relationship among land uses:
3. Ensure that public and private lands ultimately are used for the purposes which are most appropriate and most beneficial to the city as a whole;
4. Prevent the creation of population densities that will adversely affect the city's ability to provide community facilities, utilities, and service;
5. Ensure adequate consideration for urban design in the development process so that new development enhances the city as it matures;
6. Foster the provision of adequate off-street parking and off-street truck loading facilities;
7. Promote consideration of natural environmental features in the development and use of land within the city;
8. Develop land-use regulations that will encourage in fill development in existing sections of the city and provide for innovative development in undeveloped areas.
SECTION 13.01.040 Definitions
For the purpose of this title, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Abut. Two adjoining parcels of property with a common property line, including two or more lots adjoining only at a corner, except where such common property line is located in a public street right-of-way.
Access or Accessway. The place, means or way by which pedestrians and vehicles shall have safe, adequate, and usable ingress and egress to a property or use as required by this title.
Accessory Building. A subordinate building located on a building site, the use of which is customarily related to a main building or to the use of the land.
Addition. An extension or increase in floor area or height of a building or structure.
Air Contaminant. Particulate matter, dust, fumes, gas, mist, smoke, vapor, or any combination thereof having or tending to have a deleterious effect on human beings, vegetation, animals or property.
Alley. An access roadway or drive that provides service access to the rear or sides of a parcel.
Alteration. Any work on a structure that does not result in any addition to the structure.
Ambient Noise Level. General noise level one finds in a certain area at a given time.
Amendment. A change in the wording, context, or substance of this title, or an addition or deletion or a change in the zone boundaries or classifications upon the zoning map, which imposes any regulation not theretofore imposed, or removes or modifies any such regulation theretofore imposed.
Amusement Arcade. Any business having five or more mechanical or electronic games as defined in this section.
Animal Clinic. A place where animals no larger than the largest breed of dogs are given medical or surgical treatment; a facility primarily for treatment of out-patients and where only a short time, critical patients are kept longer than 24 hours. Boarding of animals shall be incidental to such clinic use.
Animal, Domestic. Any domesticated animal or household pet commonly maintained in a dwelling unit with humans, which is not normally sold for commercial purposes.
Animal, Exotic. Any animal or household pet not commonly maintained in a dwelling unit with humans, nor commonly maintained on a farm. Wild Animal means the same as Exotic Animal.
Animal, Farm. Any animal commonly maintained or used on a farm or for farming purposes other than domestic animals.
Animal Hospital. A place where animals are given medical care and the boarding of animals is limited to a short-term care incidental to the hospital use.
Antennae. Devices, external to any structure, used for the purposes of sending or receiving electronically transmitted messages.
Antique Shop. A establishment dealing in the buying and selling of items belonging to or typical of earlier times which are valued for their age.
Apartment. A habitable room or suite of two or more habitable rooms with a single kitchen, in a multiple unit dwelling, occupied or suitable for occupance as a residence for one family and shall be considered a dwelling unit.
Apartment Hotel. A multiple-family dwelling with six or more guest rooms which furnishes services for the use of its tenants which are ordinarily furnished by hotels.
Apartment House. Any building or portion thereof which is designed, built, rented, let or hired out to be occupied, or which is occupied as the home or residence of three or more families living independently of each other and doing their cooking in the building.
Architectural Projections. Projections from a building which are necessary for the shading of a building or features such as sills, cornices and chimneys. Such projections may extend into required yards only as allowed by the provisions of this title.
Automotive Repair Specialty Shops. A retail and service place of business engaged primarily in light repair, and sale of goods and service for automotive vehicles. Extensive automotive repair, including but not limited to transmission, body and engine repair, is not included in this definition.
Automotive Service Station. A retail place of business engaged primarily in the sale of motor fuels and supplying only those incidental goods and services which are required in the day-to-day operation of automotive vehicles and the fulfilling of motorist needs.
Automotive, Trailer, and Mobile Home Sales Lot. An open area used for the display, sales or rental of new or used automobiles or trailer coaches or mobile homes, but where no major repair or repainting or remodeling is done.
Automotive Wrecking Business. The dismantling or wrecking of used motor vehicles or trailers, or the storage and sale of dismantled or damaged vehicles or their parts, but not including the incidental storage of damaged vehicles in connection with the operation of a repair garage.
Bachelor or Studio Unit. A dwelling unit consisting of a combined room for living and sleeping and a separate room for cooking.
Balcony. An unroofed or roofed platform enclosed by a railing or parapet projecting from the wall of a building for the private use of occupant or for exterior access to the above-grade living units. When a balcony is roofed and enclosed with operating windows or doors, it is considered part of the room it serves.
Bar. Premises used primarily for the sale or dispensing of liquor by the drink for onsite consumption and where food may be available for consumption on the premises as accessory to the principal use
Basement. The portion of building between floor and ceiling which is partly or wholly underground. A basement shall be counted as a story for purposes of height measurement where more than one-half of its height is above the average level of the adjoining ground.
Billiard Parlor. An establishment that has three or more billiards or pool tables.
Boardinghouse or Rooming house. A dwelling unit where lodging is provided, with or without meals, for compensation, for five or more persons.
Building. A structure having a roof supported by columns or walls.
Building Height. Vertical distance from the average elevation of the finished grade to the highest point on the structure directly above; provided, that a roof shall be measured to the highest point of the roof.
Building Line. A line in the interior of a lot parallel to a property line and located at a distance equal to setback distance.
Building, Main. A building or buildings within which is conducted the principal use permitted on the lot, as provided by this title.
Building Site. A legally created parcel or contiguous parcels of land in single ownership, which provides the area and open spaces required by this title, exclusive of all vehicular and pedestrian rights-of-way and all other easements that prohibit the surface use of the property by the owner thereof.
Building Site Coverage. The percentage of the building site covered by structures, open or enclosed excluding courts, patios, terraces, swimming pools, and post-supported roofs over walkways.
Building Site, Through. Editor's note: This material is missing from the Zoning Ordinance.
Business. Management, operation, sale, purchase or other transaction involving the handling or disposition of commodities or services.
Carport. A roofed structure, or a portion of a building, primarily for the parking of automobiles belonging to the occupants of the property.
Certificate of Occupancy. A required document issued by the Building Official prior to the occupation or use of land or prior to occupation or use of buildings erected or structurally altered.
Clinic, Medical. An organization of doctors providing physical or mental health service and medical or surgical care of the sick or injured but does not include in-patient or overnight accommodations.
Club. An association of persons for some common purpose but not including groups organized primarily to render a service which is customarily carried on as a business.
Cluster Development. An Arrangement of dwelling units, attached or detached which provides a number of dwelling units sufficient to meet density requirements, constructed on smaller lots in return for the restriction or dedication of the remaining acreage as permanent open space.
Commercial. Operated or carried on primarily for financial gain.
Commercial Complex. Two or more businesses shown on a common development plan, plot plan, or precise plan functioning as a unit, with common off-street parking provided on the property as an integral part of the unit.
Commercial Recreation. Any use of development either public or private, providing amusement, pleasure, or sport, which is operated or carried on primarily for financial gain.
Commission or Planning and Zoning Commission. The Milford City Planning and Zoning Commission.
Community Collector. A medium-speed highway abutting similar land uses. The primary function is to collect and distribute trips within a hierarchy of roads and, secondarily, to carry short trips between adjacent neighborhoods. A community collector has a significant amount of parallel and perpendicular pedestrian traffic.
Community Facility. A noncommercial use established primarily for the benefit and service of the population of the community in which it is located.
Conditional Use. A use which requires a special degree of control because of characteristics peculiar to it, or because of size, technological processes, type of equipment, or because of the exact location with reference to surroundings, streets, existing improvements or demands upon public facilities.
Condominium. A state of realty consisting of separate interests in residential buildings together with undivided interests common in other portions of same property unit as a separate interest, and common areas are entire condominium except units granted; thus, owners of condominiums are grantees of units. Each grantee owns a separate interest in his unit and an interest as granted in common, in common area.
Convalescent Home, Nursing Home, Rest Home and Home for the Aged. Each mean a facility licensed by the State Department of Public Health, the State Department of Social Welfare, or the county, which provides bed and ambulatory care for patients with post-operative convalescent, chronically ill or dietary problems, and persons unable to care for themselves; but not including alcoholics, drug addicts, or persons with mental or contagious diseases or afflictions.
Conventional Development. A development, other than a condominium, apartment, or cluster development, with each dwelling unit situated on a residential lot of record and no lot containing more than one dwelling unit.
Corral. A pen or enclosure for confining horses or other large animals.
Country Club. A club organized and operated primarily for social and outdoor recreation purposes, including incidental accessory uses and structures.
Court. An unoccupied space, other than a yard, on the same lot with a building or a group of buildings.
Day Nursery (Including Preschool and Nursery Schools). Any group of buildings, building or portion thereof, used primarily for the daytime care of six or more children at any location other than their normal place of residence.
Density, Gross. The total number of dwelling units permitted on an acre of land exclusive of all existing public arterial streets and rights-of-way, but including all streets or right-of-way to be developed.
Density, Net. The same as density except proposed streets and rights-of-way shall be excluded.
Driveway. A vehicular passageway for the exclusive use of the occupants of a property and their guests. A driveway shall not be considered as a street.
Duplex. An attached permanent building containing two dwelling units.
Dwelling. Any building or portion thereof designed or used primarily as a residence or sleeping place of one or more family members, but not including a tent, travel trailer, hotel, motel, hospital, or nursing home.
Dwelling Group. One or more buildings, not more than two stories in height, containing dwelling units and arranged around two or three sides of a court which opens onto a street, including single-family, duplex, and multiple-family dwellings.
Dwelling, Guest. Living quarters within an accessory building which occupies not more than one-tenth of the area of the lot on which it is situated, for use exclusively by temporary, nonpaying guests of the resident family, such quarters having no kitchen.
Dwelling, Multiple-Family. A building arranged or designed to be occupied by more than two (2) families.
Dwelling, Single-Family. A building arranged or designed to be occupied by one (1) family, the structure having only one (1) dwelling unit.
Dwelling, Two-Family. A building arranged or designed to be occupied by two (2) families, the structure having only two (2) dwelling units.
Dwelling Unit. One (1) or more rooms in a dwelling, apartment hotel or apartment motel, designed for or occupied by one (1) family for living or sleeping purposes and having kitchen and bathroom facilities for the use of not more than one (1) family.
Easement. A recorded right or interest in the land of another, which entitles the holder thereof to some use, privilege or benefit out of or over the land.
Educational Institution. Private or public schools, colleges or universities qualified by the State Board of Education to give general academic instruction.
Family. An individual, or two (2) or more persons related by blood, marriage or adoption, or a group of not more than four (4) persons (excluding servants) who are not related, living in a dwelling unit as a single housekeeping unit and using common cooking facilities.
Fence. A free standing structure of metal, masonry, composition or wood or any combination thereof resting on or partially buried in the ground, and used for confinement, privacy, protection, screening or partition purposes.
Floor Area, Gross. The total horizontal area, in square feet, including the exterior walls of all floors of a structure.
Floor Area Ratio. The numerical value obtained by dividing the gross area of a building or buildings located upon a lot or parcel of land by the total area of such lot or parcel of land.
Fortunetelling. Telling of fortunes, forecasting of future events or furnishing of any information not otherwise obtainable by the ordinary process of knowledge, by means of any occult or psychic power, faculty or force, including but not limited to clairvoyance, aliraudience, cartomancy, phrenology, spirits, tea leaves, or other such reading, mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mind-reading, telepathy, or other craft, art, science, cards, talisman, charm, potion, magnetism, magnetized article or substance, crystal gazing, oriental mysteries, or magic of any kind or nature or similar means of act.
Freeway. A high-speed divided arterial highway for through traffic with full control access and grade separations at major intersections. A freeway has emergency parking only and no parallel or perpendicular pedestrian movements.
Garage, Private. A building. or a portion of a building, enclosed and used primarily for the parking of automobiles belonging to the occupants of the property.
Garage, Public. A building, or a portion of a building, enclosed and used primarily for the parking of automobiles belonging to the general public.
General Plan and The Milford City General Plan. The general plan of the city.
Grade, Ground Elevation. The average elevation of the finished ground surface surrounding a building.
Grazing. The act of pasturing livestock on growing grass or other growing herbage, or on dead grass or other dead herbage existing in the place where grown, as the principal sustenance of the livestock so grazed.
Gross Area. The horizontal area within the lot lines of a lot or parcel of land before public streets, dedicated or reserved for public use are deducted from such lot or parcel.
Guest House. Living quarters within an accessory building located on the same premises with the main building for use by temporary guest of the occupants of the premises, having no kitchen and not rented or otherwise used as a separate dwelling.
Habitable Room. Any room for sleeping or living purposes excluding such enclosed places as closets, bath or toilet rooms, connecting corridors, unfinished attics, foyers, storage spaces, utility rooms, spaces used exclusively for cooking or eating, and similar spaces.
Home Occupation. An occupation conducted as an accessory use within a dwelling unit.
Hospital. A facility licensed by the state Department of Public Health providing clinical, temporary emergency service of medical, obstetrical or surgical nature to human patients.
Hotel. Any building or portion thereof with access provided through a common entrance, lobby or hallway to six or more guest rooms, and which rooms are designed, intended to be used or are used, rented or hired out as temporary or overnight accommodations for guests.
Improvements. Any man made artifacts which add to the value or enhance the value of land, e.g. streets, utilities, buildings.
Industry. The manufacture, fabrication, processing, reduction or destruction of any article, substance or commodity, or any other treatment thereof in such a manner as to change the form, character, or appearance thereof, and includes storage elevators, truck storage yards, warehouses, wholesale storage and other similar types of enterprise.
Institution. A social, educational, governmental, health, or religious organization.
Intensity. The magnitude of activity affecting the development of densities, traffic flow, commercialism, tourism and land use.
Junk. Any worn out, castoff, or discarded article or material.
Junk and Salvage Yard. Any property used for the breaking up, dismantling, sorting, storage, distribution, or sale of any scrap, waste material or junk.
Kennel. Any lot where four or more dogs, or cats, over the age of four months, are kept or maintained.
Kennel, Commercial. Any kennel or property maintained for the purpose of boarding, breeding, raising or training dogs or cats for a fee or for sale.
Kitchen. Any room in a building or dwelling unit which is used for cooking and preparation of food.
Landscaping. The planting of suitable plant materials or a combination of plant materials with minimum areas of paving, gravel, or otherwise dust free materials including an adequate irrigation system.
Laundromat. A business premises equipped with individual clothes washing and drying machines whether coin-operated or attendant operated for the use of retail customers, exclusive of laundry facilities provided an accessory use in an apartment house, hotel or motel.
Laundry, Commercial. A building where clothing and fabrics are washed, other than a laundromat and is defined in this title as an industrial use.
Line of Sight. A visual path emanating from average eye level judged to be five feet above the ground.
Loading Space. An off-street space or berth on the same lot with a main building, or contiguous to a group of buildings, for the temporary parking of one or more commercial vehicles, while loading or unloading, and which has access from a street, alley, or other permanent means of ingress or egress.
Local Street. A low speed, low-volume highway primarily for access to residential, business, and other abutting property.
Lot. Any numbered or lettered parcel shown on a recorded tract map, a record of survey recorded pursuant to an approved division of land or a recorded parcel map.
Lot, Corner. A lot located at the intersection or interception of two or more streets at an angle of not more than 135 degrees, which lot shall be considered a corner lot. If greater than 135 degrees, the lot shall be considered an exterior lot.
Lot Depth. The average horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines.
Lot, Flag. A lot so shaped and designed that the main building site area is set back from the street on which it fronts and includes an access strip not less than 20 feet in width at any point connecting the main building site area to the frontage street.
Lot, Interior. A lot other than an exterior, corner or reverse corner lot.
Lot, Key. The first lot to the rear of a reverse corner lot and not separated by an alley.
Lot Line. Any line bounding a lot as defined in this section under Lot. Property Line. means the same as Lot Line.
Lot Line, Front. On an interior lot, the front lot line is the property line abutting the street. On a corner or reverse corner lot, the front lot line is the shorter property line abutting a street, except in those cases where the subdivision or parcel map specified another line as the front lot line. On a through lot or a lot with three or more sides abutting a street or a corner or reverse corner lot with lot lines of equal length, the front of the building shall determine which property line shall be the front lot line for the purposes of compliance with yard and setback provisions of this title. On a private street or easement, the front lot line shall be designed as the edge of the easement.
Lot Line, Interior. A lot line not abutting a street.
Lot Line, Rear. A lot line not abutting a street which is opposite and most distant from the front lot line; in the case of an irregularly shaped lot, a line within the lot, having a length of not less than ten feet. A lot which is bounded on all sides by streets may have no rear lot lines.
Lot Line, Side. Any lot line not a front lot line or rear lot line.
Lot, Reverse Corner. A corner lot, the side line of which is substantially a continuation of the front lot lines of the lot to its rear, whether across an alley or not.
Lot, Through. A lot having frontage on two dedicated parallel or approximately parallel streets
Lot Width. The horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.
Marquee. A roofed structure or awning or canopy attached to and supported by the building and extended over a building line and into public property.
Manufactured Home. A transportable factory built housing unit, complying with the Utah Uniform Building Standards Act, 58-56-3-9.
A unit constructed on or after June 15, 1976 according to the Federal Home Construction and Safety Standards Act of 1974 (HUD Code), in one or more sections, which in the traveling mode, is eight (8) body feet or more in width and forty (40) body feet or more in length, or when erected on its site is four hundred (400) or more square feet and which is built on a permanent chassis and is designed to be used as a dwelling, with or without a permanent foundation when connected to the required utilities, including plumbing, heating/cooling and electrical systems. All manufactured homes constructed on or after June 15, 1976, shall be identifiable by the manufacturers data plate bearing the date the unit was manufactured and a HUD label attached to the exterior of the home, certifying that the home was manufactured to HUD standards.
Does not include a recreational vehicle or commercial coach.
Manufactured Home Park. Any area or tract of land a minimum of ten (10) acres, where five (5) or more Manufactured Home lots are sold, rented or leased or held out for rent or lease to accommodate manufactured homes for human habitation, including manufactured home accommodation structure. The rental paid for such manufactured home is deemed to include rental for the lot it occupies.
Marquee. A roofed structure or awning or canopy attached to and supported by the building and extended over a building line and into public property.
Master Plan of Drainage. An engineering report outlining the drainage facilities needed for the proper development of a specific land increment of the city, and duly adopted by the City Council.
Mechanical or Electronic Game. Any machine, apparatus, contrivance, appliance, or device which may be operated or played upon the placing or depositing therein of any coin, check, slug, ball, or any other article or device, or by paying therefore either in advance of or after use, involving in its use either tokens or change, including, but not limited to tape machine, card machine, pinball machine, bowling game machine, shuffle board machine, marble game machine, horse racing machine, bowling game machine, baseball game machine, football game machine, electronic video game, or any other similar machine or device.
Ministorage or Miniwarehousing. A building or complex of buildings containing separate, enclosed units or cubicles, or other spaces which are available for rent, lease or sale to individuals for storage of goods, personal belongings and other miscellaneous articles of value.
Model Home. A dwelling or residential building having all of the following characteristics:
The dwelling is constructed upon a proposed lot previously designated as a model home site in a subdivision for which there is an approved tentative map and for which a final map has been recorded. The dwelling is intended to be temporarily utilized as an example of the dwellings which have been built or which are proposed to be built in the same subdivision.
Mobile Home. Mobile Home for the purpose of this ordinance shall carry the same connotation and definition as “manufactured home” and has no other meaning.
Mobile Home Park. Any area or tract of land where one or more mobile home lots are sold, rented or leased or held out for rent or lease to accommodate mobile homes used for human habitation, and includes mobile home accommodation structure. The rental paid for any such mobile home is deemed to include rental for the lot it occupies.
Model Home. A dwelling or residential building having all of the following characteristics:
1. The dwelling is constructed upon a proposed lot previously designated as a model home site in a subdivision for which there is an approved tentative map, and for which a final map has been recorded.
2. The dwelling is intended to be temporarily utilized as an example of the dwellings which have been built or which are proposed to be built in the same subdivision.
Motel. Motel shall be referred to in this title as hotel, inn, motor inn, or lodge and means a building or group of buildings containing guest rooms or dwelling units designed, intended, or used primarily for the accommodation of transient automobile travelers; including but not limited to buildin9s or buildin9 9roups designated as auto cabins, motor courts, or motor hotels.
Motor Vehicle. A self-propelled device used or intended to be used for the transportation of freight or passengers upon a street or highway, excepting a device moved by human power or a device used exclusively upon stationary rails or tracks.
Net Area. The total horizontal area within the property lines of a lot or parcel of land exclusive of all right-of-way.
Nightclub. An establishment dispensing liquor and meals and in which music, dancing, or entertainment is conducted.
Noncommercial. An enterprise or activity which is not normally conducted for profit or gain.
Nonconforming Structure. A lawfully established building or structure that does not conform to the regulations of this title or is designed for a use that does not conform to the regulations of this title for the district in which it is located, either on the date of adoption of this chapter or as the result of subsequent amendments to this chapter.
Office. A place where a particular type of business is transacted or a service is supplied. The following types of uses are typical office functions:
1. Agricultural, business, and personal credit services; security and commodity brokers, dealers,
Open Space, Developed. Open space substantially free of structures but possibly containing improvements which are part of a development plan or are appropriate for the residents of any residential development.
Open Space, Natural. Any parcel of land or water which is essentially unimproved and devoted to an open space use.
Parcel. The same as Lot, as defined in this section
Parking Area, Private. An area, other than a street, designed or used primarily for the parking of private vehicles and not open to general public use.
Parking Area, Public. An area, other than a private parking area or street, used for the parking of vehicles and available for general public use, either free or for remuneration .
Parking Area, Restricted. An area used for parking vehicles on a semi-permanent basis and not available to the general public for hourly or day-to-day parking.
Parking Stall. The space within a building or a private or public parking area, exclusive or driveways, ramps, columns, office and working areas, for the parking of one automobile.
Parkway. A relatively low speed arterial highway abutting and distributing trips to a variety of land uses. This facility primarily serves short range trips. A parkway has emergency parking only and will have considerable parallel and perpendicular pedestrian movement.
Pathway. An access way to accommodate pedestrians, bicycles, and electric carts.
Pawnbroker shop. A secondhand dealership as defined herein.
Pedestrianway. A right-of-way for pedestrians, free from vehicular traffic and including access ramps, stairs, and mechanical lifts and routes through buildings which are available for public use.
Personal Service Establishment. A place where specified services are provided to individuals for their comfort or convenience. The following types of uses are typical personal service establishment functions:
Beauty or barber shops, locksmiths, photography studios, shoe repair, dry cleaners, Laundromats, tailors, dressmaking shops, and pet grooming.
Planned Development. A development of parcels of land as a coordinated project which have been developed according to an approved development plan. Adequate control of the development is provided in order to maintain aesthetic values and to protect the investment of developers as well as the community as a whole. Planned developments may be either residential, commercial, or industrial in nature or a combination thereof.
Planned Street Line. The planned right-of-way for a major or secondary highway or traffic collector street. A yard abutting such a highway or street shall be measured from this planned right-of-way line.
Pool. Any structure for swimming, bathing or wading or as a fish pond or similar use.
Private. Belonging to, or restricted for the use or enjoyment of particular persons.
Public Safety Area. A strip of land adequate in width adjacent to and parallel with a street right-of-way.
Public Way. Any street, alley, pedestrian way, pathway, channel, viaduct, subway, bridge, easement, right-of-way or other way in which the public has a right of use.
Real Estate Tract Sales Office. A temporary use of a building for the sole purpose of selling residences within a particular subdivision or series of subdivisions.
Recreational Vehicle. A travel trailer, pickup camper, or motorized home, with or without motive power, designed for human habitation for recreational or emergency occupancy.
Restaurant, Take-Out. Any commercial establishment serving food or drinks, making provisions encouraging consumption of food or beverage at home or on other premises which do not serve people directly in automobiles.
Retail. The selling of goods, wares or merchandise directly to the ultimate consumer.
Riding and Hiking Trail. A trail or way designed for and used by equestrians, pedestrians, and cyclists using nonmotorized bicycles.
Right-Of-Way. An area or strip of land, either public or private, on which a right of passage has been recorded.
Roof Mounted Equipment. Anything other than roofing materials or skylights which is used for the operation of any building including, but not limited to heating, ventilation and air conditioning units, vents, antennae, air ducts, and equipment hoods.
Salvage. Any article or materials which is to be or intended to be reclaimed or saved from destruction.
Sanitarium, Health. An institution where patients, other than mental or drug addict patients, are housed and where medical or post surgical treatment is provided.
Sanitarium, Mental. An institution for the recuperation and treatment of victims of mental disorders or drug addiction.
Scenic Highway. Any highway designated as a scenic highway by an agency of the city, county, state or federal government.
Secondhand Dealership. Any individual personal partnership, firm or corporation whose business includes buying, selling, trading, taking in pawn, accepting for sale on consignment, or accepting for auctioning, secondhand tangible property.
Service. An act or any result of useful labor, which does not, in itself, produce a tangible commodity.
Setback Area. The area between the building line and the property line, or when abutting a street, the ultimate right-of-way line.
Setback Distance. The distance between the building line and the property line, or when abutting a street, the ultimate right-of-way line.
Shopping Center. An integrated development of retail and service commercial activities on one or more lots of land sharing common parking and signing facilities and serving a wide spectrum of community shopping needs.
Sidewalk. That portion of a thoroughfare, other than a roadway, set apart by curbs, barriers, markings, or other delineation’s for pedestrian travel. See also Pedestrianway as defined in this section.
Sign. Any device used for visual communications or attraction, including any identification, announcement, declaration, demonstration, display, illustration, insignia or symbol used to advertise or promote the interest of any person; together with all parts, materials, frame and background. Sign and Advertising Device, for the purpose of this chapter, do not include the following for purposes of this title;
1. Official notices issued by any court or public body or officer;
2. Notices posted by any public officer in performance of a public duty or by any person in giving any legal notice;
3. Directional, warning, or information signs or structures required by or authorized by law or by federal, state or county authority or;
4. The flag of the state or of the United States or any official flag of any other state or country.
Specific Plan. A definite statement adopted by ordinance of policies, standards, and regulations, together with a map or description defining the location where such policies, standards, and regulations are applicable pursuant to the requirements of the Government Code of the state.
Stable, Private. A building or a portion of a building used to shelter and feed equines which are used exclusively by the occupants of the property on which the stable is situated.
Stable, Public. A stable other than a private stable.
Story. That portion of a building included between the upper surface of any floor and upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above.
Street or Highway. A public or private vehicular right-of-way other than an alley.
Street Opening. The centerline of a street right-of-way as established by official survey.
Structure. Anything constructed or erected requiring a fixed location on the ground or attached to something having a fixed location on the ground except business signs and other improvements of a minor character.
Structural Alterations. Any change in supporting members of a building or structure.
Swap Meet, Indoor or Outdoor. An event at which two or more persons or entities offer goods or services for sale or exchange, and at which a fee is charged to the party selling the goods or the buyer is charged for the privilege of entering the site to engage in sales transactions. Also may be referred to as Flea Markets, Swap Lots, Open Air Markets, or Outdoor Bazaars.
Swimming Pool. An artificial body of water having a depth in excess of 18 inches, designed, constructed and used for swimming, dipping or immersion purposes by humans.
Thrift Shop. A secondhand dealership as defined herein.
Townhouse Development. A cluster development consisting of attached two-story dwelling units.
Ultimate Right-Of-Way. The right-of-way shown as ultimate on an adopted precise plan of highway alignment; or the street rights-of-way shown within the boundary of a recorded tract map, a recorded parcel map, or a recorded development plan. The latest adopted or recorded document in the cases mentioned in this section shall take precedence. If none of these exist, the ultimate right-of-way shall be considered the right-of-way required by the highway classification as shown on the master plan of arterial highways. In all other instances, the ultimate right-of-way shall be considered to be the existing right-of-way.
Use, Accessory. A use customarily incidental and accessory to the principal use of the land or building site, or to a building or other structure located on the same building site as the principal use.
Use, Principal. The main purpose for which land or a building is occupied, arranged, designed or intended, or for which either land or building is or may be occupied or maintained.
Use, Temporary. A use which is required for the proper function of the community or temporarily required in the process of establishing a permitted use, or construction of a public facility. Such use shall be permitted only after the issuance of a temporary use permit as established by the provisions of this chapter.
Valet Parking. Vehicular parking whereby a parking attendant is utilized to park cars in an assigned area that is not available to the general public.
Vehicular Accessway. A private, nonexclusive vehicular easement affording access to abutting properties.
Vehicle, Commercial. A vehicle which when operated upon a highway is required to be registered as a commercial vehicle by the state
Vehicle Code, and which is used or maintained for the transportation of persons for hire, compensation or profit, or designed and used primarily for the transportation of property.
Wholesale. A business establishment engaged in selling to retailers or jobbers, rather than consumers.
Wing Wall. An architectural feature in excess of six feet in height which is a continuation of a building wall projecting beyond the exterior walls of a building.
Yard. Any open space on the same lot with a building or dwelling group, which space is between the setback lines and the lot lines of the parcel or the planned street line and is unoccupied and unobstructed except for projections permitted by this chapter.
Zone. A zoning district, as defined in the State Conservation and Planning Act, shown on the zoning map to which uniform regulations apply.
Zoning Ordinance or This Ordinance. The comprehensive zoning ordinance of the city.
Zoning Map. The official zoning map of the city which is a part of this title.
CHAPTER 13.02
Scope, Interpretation, Application
SECTIONs:
13.02.010 Scope of Regulations
13.02.030 Regulations as Minimum Standards
13.02.040 Applicability and Conformity
13.02.050 Relation to Less Restrictive Regulations
13.02.060 Effective in Incorporated City
13.02.070 Relationship to Prior Ordinances
13.02.080 Continuity
13.02.090 Procedure Regarding Pending Procedures
13.02.100 Violation of Previous Ordinances
13.02.110 Conviction of Crimes Continued
SECTION 13.02.010 Scope of Regulations
This chapter is adopted to accomplish the stated objective of and to implement the general plan of the city. To accomplish these objectives the city shall regulate the use, location, area and dimension of sites for development; the bulk and height of structures, the appearance of certain uses, structures, and signs, open space, landscaping, access and egress, off-street parking, and other such aspects of land use which may be deemed necessary for the public peace, health, safety, and general welfare of the people working and living within the city.
SECTION 13.02.030 Regulations as Minimum Standards
The authority for the regulations contained within this chapter is based on '10-9-401 through 10-9-408 UCA.
SECTION 13.02.040 Applicability and Conformity
The provisions of this title are not intended to revoke any existing easements, codes, covenants and restrictions or other existing agreements which are more restrictive than the provisions of this title.
SECTION 13.02.050 Relation to Less Restrictive Regulations
Whenever the provisions of this title impose more restrictive regulations upon buildings or structures and the use of them or the use of lands or premises and require larger open spaces or yards or setbacks than are imposed by other ordinances, the provisions of this title or the rules or regulations included within this title shall govern.
SECTION 13.02.060 Effective in Incorporated City
The provisions of this title are declared to be in effect upon all land within the incorporated jurisdiction of Milford City as exists or is hereafter changed by annexation.
SECTION 13.02.070 Relationship to Prior Ordinances
Any building for which a building permit has been issued and is valid under the provisions of earlier ordinances of the city which are in conflict with this title may be continued and completed in accordance with the plans and specifications upon which the permit was issued.
SECTION 13.02.080 Continuity
Notwithstanding the provisions of this title or any other provisions of this title, no new or additional variance, conditional use permit or license shall be required for any land use heretofore authorized by the city or the county by a variance, conditional use permit, building permit, license, or preliminary or final plat map; provided there has been substantial reliance upon the governmental entitlement mentioned in this title, and; provided further, that conditions thereof are complied with and the substantial construction has begun on a portion of the project.
SECTION 13.02.090 Procedure Regarding Pending Procedures
The repeal or substitution of any ordinance shall not affect any prosecution which may be pending in any court for the violation of any provision of the ordinance at time of the repeal or substitution.
SECTION 13.02.100 Violation of Previous Ordinances
The substitution or repeal of any ordinance is not deemed to ratify or legalize any violation of any provisions of such ordinance nor to affect the prosecution or punishment of any person, firm or corporation for any act done or committed in violation of any provision of the ordinance prior to the taking effect of this title.
SECTION 13.02.110 Conviction of Crimes Continued
Any ordinance to be repealed or substituted by this title is deemed to continue and be in full force and effect for the purpose of prosecuting and meeting punishment for any violation presently pending in any court.
CHAPTER 13.03
Applicability of Regulations
SECTIONs:
13.03.010 Property Affected
13.03.020 Persons Affected
13.03.030 Activities Affected
SECTION 13.03.010 Property Affected
The provisions of this title shall apply, to the extent permissible under other laws, to all property within Milford City, whether such property is in public or private ownership, except streets, alleys and walkways which are dedicated for public use.
SECTION 13.03.020 Persons Affected
The provisions of this title shall apply, to the extent permissible under other laws, to all persons, agencies and organizations, both public and private, except that in circumstances where an overriding public interest is found to be served by an action or development undertaken by a public agency, the Commission or Council may waive the requirements of this title to the extent deemed necessary.
SECTION 13.03.030 Activities Affected
New or Changed Development or Use. Each provision of this title shall apply, to the extent permissible under other laws, to all actions, activities or development initiated subsequent to the effective date of such provision, including but not limited to the following:
1. The division or leasing of land.
2. Construction, alteration, remodeling, expansion, replacement or relocation of any building, structure or other facility or portion thereof.
3. The use and occupancy of land, buildings, structures or other facilities.
CHAPTER 13.04
Relationship of Zoning to Other Laws and Regulations
SECTIONs:
13.04.010 Continuity of Zoning Regulations
13.04.020 Pending Proceedings
13.04.030 Right Under Previous Approvals
13.04.040 Previous Violation or Conviction
13.04.050 Severability
13.04.060 Conflicting Regulations
13.04.070 Private Agreements
13.04.080 Nuisances
13.04.090 Zoning Administrator - Authority and Duties
13.04.100 Violation as Nuisance
SECTION 13.04.010 Continuity of Zoning Regulations
The provisions of this title, insofar as they are substantially the same as previous provisions of the Milford City Municipal Code or any other ordinance repealed, amended or superseded upon the enactment of the provisions of this title, shall be construed as restatements and continuations of said previous provisions, and not as new enactment’s.
SECTION 13.04.020 Pending Proceedings
Proceedings initiated under provisions repealed, amended or modified by the provisions of this title, and any vested right, shall not be affected by the enactment of the provisions of this title, except that subsequent proceedings shall conform to the provisions of this title insofar as possible.
SECTION 13.04.030 Right Under Previous Approvals
1. Any permit or other approval previously granted by the city and which would be eligible for consideration as a Variance, Conditional Use Permit or other approval under this title shall be deemed to be an approved variance. Conditional Use Permit or other approval, respectively, under this title, subject to the terms of such approval.
2. All other permits and other approvals or conditions thereof, not in conformance with the provisions of this title, shall be deemed to be nonconforming privileges subject to the provisions of 13.37.010 through 13.37.130.
3. Notwithstanding any other provisions of this section, if any permit or other approval deemed to be approved pursuant to this section, or any condition thereof, has resulted in a nonconformity, such nonconformity shall be subject to the provisions of 13.37.010 through 13.37.130.
SECTION 13.04.040 Previous Violation or Conviction
Any violation of and/or conviction under any provision repealed, amended or modified by the provisions of this title shall be considered as a violation of and/or conviction under this title.
SECTION 13.04.050 Severability
If any provision of this title, and the application thereof, to any person or circumstance is held invalid, the remainder of this title, and the application of such provision to other persons or circumstances, shall not be affected thereby.
SECTION 13.04.060 Conflicting Regulations
Whenever any provisions of this title covers the same subject matter, overlaps, conflicts with or is contradictory to any other law or regulation, that provision, law or regulation which is more restrictive or imposes the higher standard shall control, except as otherwise expressly provided.
SECTION 13.04.070 Private Agreements
The provisions of this title are not intended to abrogate, annul or impair any easement, covenant or other agreement between parties, except, where this title imposes a greater restriction or higher standard than that required by private agreement, this title shall control.
SECTION 13.04.080 Nuisances
Neither the provisions of this title nor any approval pursuant thereto authorizes the establishment or maintenance of any use or circumstances which constitutes a public or private nuisance.
SECTION 13.04.090 Zoning Administrator - Authority and Duties
The zoning administrator is hereby authorized to enforce this code and all provisions thereof and shall do so by any legal means available to him/her, including, but not limited to the following:
1. Advise the building official on the issuance of building permits. (If the zoning administrator gives written notification to the building official that an intended use, building or structure would be in violation of this code such written notification shall be a presumption of illegality and the building official shall not issue a building permit for such use, building or structure. If the offices of the building official and zoning administrator are held concurrently by one person, this shall detail the violation in writing on the permit refusal notification).
2. Advise and cooperate with the Milford City Planning and Zoning Commission.
3. Inspect the uses of buildings, structures or land to determine compliance with the code. Such inspections shall be made at reasonable times.
4. Issue notices of violation wherever building or land are being used contrary to this code. (This shall be done by serving notice in writing on any person engaged in such use and posting such notice on the premises).
5. Inform the local governing body of all code violations and recommend specific courses of action with regard to each violation.
6. Maintain a file of code violations and actions by the governing body on such violations.
7. Citation for Infraction - Citation for Infraction
A. Pursuant to the provisions of state law, the city zoning administrator designated by resolution of the City Council may issue a citation without a warrant whenever they have reasonable cause to believe that the person to whom the citation is issued has committed an infraction in his or her presence which is a violation of any provision of this title designated as an infraction.
B. Citations for infractions shall be processed, issued and handled as provided by state law.
SECTION 13.04.100 Violation as Nuisance
1. Any building set up, erected, built, moved or maintained and/or any use of property, commenced after the date of enactment of this zoning ordinance, contrary to the provisions of this title shall be and the same is hereby declared to be unlawful and a public nuisance. and the City Attorney shall, upon order of the City Council, immediately commence action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate and remove such building or use of any property contrary to the provisions of this title.
2. All remedies provided herein shall be cumulative and not exclusive.
CHAPTER 13.05
Planning and Zoning Commission
SECTIONs:
13.05.010 Planning and Zoning Commission Creation, Number of Members, Appointment
13.05.020 Terms of Office
13.05.030 Vacancies and Removals for Cause
13.05.040 Compensation
13.05.050 Officers
13.05.060 Rules and Procedures
13.05.070 Quorum and Vote
13.05.080 Employees - Expenditures
13.05.090 Powers of the Planning and Zoning Commission
SECTION 13.05.010 Planning and Zoning Commission Creation, Number of Members, Appointment
The Planning and Zoning Commission shall consist of seven (7) members appointed by the Mayor of Milford City with the advice and consent of the Milford City Council. One (1) member of the Milford City Council shall serve as a member of the Planning and Zoning Commission. Each of the other six (6) members of the Planning and Zoning Commission shall be a resident of Milford City, and at least three of them shall hold no other public office or position.
SECTION 13.05.020 Terms of Office
The terms of appointed members of the Milford City Planning and Zoning Commission members shall be for three (3) years, and until their respective successors have been appointed. Provided, that the term of the members of the first Planning and Zoning Commission so appointed shall be such that the terms of two (2) members shall expire each year.
SECTION 13.05.030 Vacancies and Removals for Cause
Vacancies of appointed members occurring otherwise than through the expiration of terms shall be filled for the remainder of the unexpired term by appointment by the Milford City Mayor with the advice and consent of the Milford City Council. The City Council shall have the right to remove any member of the Planning and Zoning Commission for misconduct and may remove any member for non-performance of duty. Non-performance of duty shall include a repeated failure to attend Planning and Zoning Commission meetings.
SECTION 13.05.040 Compensation
The Planning and Zoning Commission shall serve without compensation, except that the City Council shall provide for reimbursement of the members of the Planning and Zoning Commission for actual approved expenses incurred, upon presentation of proper receipts and vouchers.
SECTION 13.05.050 Officers
The Planning and Zoning Commission shall elect a Chairperson and a Vice-Chairperson from among its members, whose terms shall be for three (3) years. The Planning and Zoning Commission Chairperson shall vote only in the case of a tie or if his/her vote is required to constitute a quorum.
(Ord. Ordinance 5-2001, Amended, 02/09/2001)
SECTION 13.05.060 Rules and Procedures
The Planning and Zoning Commission may adopt such rules or procedures as it may deem necessary for the proper conduct of its business. The Planning and Zoning Commission shall keep a record of its proceedings, such record shall be maintained in the City Recorders office and shall be open to inspection by the public at all reasonable times.
SECTION 13.05.070 Quorum and Vote
A quorum shall consist of four (4) members which may include the Chairman. Evidence shall not be presented nor any votes taken unless a quorum is present. A majority vote is constituted of at least a majority of members present.
SECTION 13.05.080 Employees - Expenditures
The Planning and Zoning Commission may upon the approval of the City Council, employ experts and staff, including consultants and a secretary, and pay such expenses, exclusive of gifts, as may be reasonable and necessary for carrying out the duties defined in this Ordinance, providing that such expenditures may not exceed the amount appropriated for the operation of the Planning and Zoning Commission by the Milford City Council.
SECTION 13.05.090 Powers of the Planning and Zoning Commission
The Planning and Zoning Commission shall:
1. Prepare and recommend a general plan and amendments to the general plan to the city council;
2. Recommend zoning ordinances and maps and amendments to zoning ordinances and maps to the city council;
3. Administer provisions of the zoning ordinance;
4. Recommend subdivision regulations and amendments to those regulations to the city council;
5. Recommend approval or denial of subdivision applications to the city council;
6. Recommend sign ordinances and amendments to
7. The sign ordinance to the city council;
8. Advise the city council on matters as the council directs;
9. Hear or decide any matter the city council designates, including the approval or denial of conditional use permits subject to the provisions of 13.36.010 through 13.36.100 of this ordinance; and
10. Exercise any other powers:
A. that are necessary for it to perform its functions; or
B. delegated to it by the city council.
CHAPTER 13.06
Board of Adjustment
SECTIONs:
13.06.010 Board, Number of Members, Appointment, Term and Removal, Vacancies
13.06.020 Officers
13.06.030 Duties and Powers of the Board
13.06.040 Meetings
13.06.050 Minutes
13.06.060 Rules and Regulations
13.06.070 Quorum
13.06.080 Action to Be Taken
13.06.090 Vote Necessary for Reversal
13.06.100 Decision of Appeal
13.06.110 Procedure
13.06.112 Judicial Review of Board's Decision
SECTION 13.06.010 Board, Number of Members, Appointment, Term and Removal, Vacancies
The Board of Adjustments shall consist of five (5) members and whatever alternates the Mayor considers appropriate, each to be appointed by the Mayor on advice from the City Council for the term of five (5) years provided that the term of one (1) of the original member shall expire each year. No more than two alternates members may sit at any meeting of the board of adjustment at one time. Any member may be removed for cause by the appointing authority upon written charges and after public hearing, if such public hearing is requested. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. One (1) member, but not more than one (1) member, of the Planning and Zoning Commission shall be a member of the Board of Adjustment.
SECTION 13.06.020 Officers
The Board of Adjustment shall elect a Chairperson from among its members, who shall among other things call for meetings of the board of adjustment and shall serve for a term of one (1) year. In the absence of the chairperson, the acting chairperson may administer oaths and compel the attendance of witnesses.
SECTION 13.06.030 Duties and Powers of the Board
The Board of Adjustment shall have the following powers:
1. To hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by the administrative official in the enforcement of this article or of any ordinance adopted pursuant thereto.
2. To hear and decide special exceptions to the terms of this Title upon which such Board is required to pass under the provisions of this Title.
3. To authorize variance from the terms of this Title. The board of adjustment may grant a variance only if:
A. literal enforcement of the zoning ordinance would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purposes of the zoning ordinance; and
B. there are special circumstances attached to the property that do not generally apply to other properties in the same district; and
C. granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same district; and
D. the variance will not substantially affect the general plan and will not be contrary to the public interest; and
E. the spirit of the zoning ordinance is observed and substantial justice done.
(Ord. Ordinance 10-2001, Amended, 07/03/2001)
SECTION 13.06.040 Meetings
Meetings of the Board of Adjustment shall be held at the call of the Chairman, and at such other times as the Board may determine. The Chairman may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public pursuant to Title 52, Chapter 4, A Open and Public Meetings, UCA.
SECTION 13.06.050 Minutes
The Board shall keep minutes of its proceedings, showing the vote of each member on each question, or if absent or failing to vote, indicating such fact and shall keep records of its examinations and other official actions, all of which shall be immediately filed with the City Recorder and shall be public records.
SECTION 13.06.060 Rules and Regulations
The Board of Adjustment shall adopt rules which the Board finds necessary or advisable to implement the authority of the Board.
SECTION 13.06.070 Quorum
A quorum shall be considered three (3) members of the Board of Adjustment, and no evidence shall be presented to the Board of Adjustment unless a quorum is present.
SECTION 13.06.080 Action to Be Taken
Approval or disapproval, rejection of modified approval of an application shall be based upon findings which shall be made a part of the official record.
SECTION 13.06.090 Vote Necessary for Reversal
The concurring vote of three (3) members of the Board shall be necessary to reverse any order, requirement, or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this title or to effect any variation in the provisions of this Zoning Ordinance.
SECTION 13.06.100 Decision of Appeal
In exercising appeal powers, the Board may in conformity with the provisions of this title reverse or affirm, wholly or partly or may modify the order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal was taken.
SECTION 13.06.110 Procedure
Each appeal to the Board of Adjustment shall be on a form provided by the Board, and all information called for by such form shall be furnished by the appellant. Before making its decision, the Board shall hold a hearing upon the appeal. Before any appellant shall be entitled to any hearing or decision, he shall pay to the Board the expenses of the appeal, including the sending of notices, as fixed by the Board. Such payment or the estimated amount of same shall be paid with the filing of the appeal. The Board may give notice to other interested persons and organizations.
Each appeal, filed in proper form with the required dates, shall be numbered serially, docketed, and shall be placed upon the calendar of the Board and shall be heard in the order in which they appear on the calendar, unless advanced for hearing by order of the Board for good cause shown.
SECTION 13.06.112 Judicial Review of Board's Decision
The local jurisdiction or any person aggrieved by any decision of the Board of Adjustment may have and maintain a plenary action for relief therefrom in any court of competent jurisdiction; provided, petition for such relief is presented to the court within thirty (30) days after filing of such decision to the Board pursuant to '10-9-708 UCA.
CHAPTER 13.07
Supplemental and Qualifying Regulations
SECTIONs:
13.07.010 Effect of Chapter
13.07.020 Substandard Lots at Time of Ordinance Passage
13.07.030 Lot Standards
13.07.040 Every Dwelling on a Lot - Exceptions
13.07.050 Yard Space - One (1) Building Only
13.07.060 Private Garage with Side Yard - Reduced Yards
13.07.070 Sale or Lease of Required Space
13.07.080 Sale of Lots Below Minimum Space Requirements
13.07.090 Area of Accessory Buildings
13.07.100 Additional Height Allowed
13.07.110 Exceptions to Height Limitations
13.07.120 Minimum Height of Main Buildings
13.07.130 Maximum Height of Accessory Buildings
13.07.140 Clear View Intersecting Streets
13.07.150 Maximum Height of Fence, Walls and Hedges
13.07.160 Water and Sewer Requirements
13.07.170 Curbs, Gutters and Sidewalks
13.07.180 Lots and Dwellings on Private Streets - Special Provisions
SECTION 13.07.010 Effect of Chapter
The regulations hereinafter set forth qualify or supplement, as the case may be, the zone regulations appearing elsewhere in this Title.
SECTION 13.07.020 Substandard Lots at Time of Ordinance Passage
Any lot legally held in separate ownership at the time of passage of this Ordinance, which lot is below the requirements for lot area or lot width for the District in which it is located may be used for a single-family dwelling, if such lot is located in a district which permits single-family dwellings. The width of each side yard for such a dwelling may be reduced to a width which is not less than the same percentage of the lot width as the required side yard would be of the required lot width.
SECTION 13.07.030 Lot Standards
Except as provided in this Title, every lot, existing or intended to be created, shall have such area, width and depth as is required by this Ordinance for the district in which such lot is located and shall have frontage upon a dedicated or publicly approved street or upon a private street or right-of-way approved by the Planning and Zoning Commission, before a building permit may be issued.
SECTION 13.07.040 Every Dwelling on a Lot - Exceptions
Every dwelling structure shall be located and maintained on a separate lot having no less than the minimum area, width, depth, and frontage required by this Ordinance for the district in which the dwelling structure is located, except that group dwellings, cluster dwellings, condominiums, and other multi-structure dwelling complexes under single ownership and management, which are permitted by this Ordinance and have approval from the Planning and Zoning Commission, may occupy one (1) lot for each such multi-structure complex.
SECTION 13.07.050 Yard Space - One (1) Building Only
No required yard or other open space around an existing building or which is hereafter provided around any building for the purpose of complying with the provisions of this Ordinance shall be considered as providing a yard or open space for any other building; nor shall any yard or other required open space on an adjoining lot be considered as providing a yard or open space on a lot whereon a building is to be erected or established.
SECTION 13.07.060 Private Garage with Side Yard - Reduced Yards
On any interior lot where a private garage, containing a sufficient number of parking spaces to meet the requirements of this Ordinance, has a side yard equal to the minimum side yard required for a dwelling in the same district, the width of the other side yard for the dwelling may be reduced to equal that of the minimum required side yard; and on any lot where such garage has such side yard, the rear yard of the dwelling may be reduced to fifteen (15) feet, provided the garage also has a rear yard of at least fifteen (15) feet.
SECTION 13.07.070 Sale or Lease of Required Space
No space needed to meet the width, yard, area, coverage, parking, or other requirements of this Ordinance for lot or building may be sold or leased away from such lot or building.
SECTION 13.07.080 Sale of Lots Below Minimum Space Requirements
No parcel of land which has less than the minimum width and area requirements for the district in which it is located may be cut off from a larger parcel of land for the purpose, whether immediate or future, of building or development as a lot.
SECTION 13.07.090 Area of Accessory Buildings
No accessory building nor group of accessory buildings in any residential district shall cover more than twenty-five (25) percent of the rear yard.
SECTION 13.07.100 Additional Height Allowed
Subject to conditional use approval, public and quasi-public utility buildings, when authorized in a district, may be erected to a height greater than the district, height limit by conditional use permit.
SECTION 13.07.110 Exceptions to Height Limitations
Penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, steeples, flagpoles, chimneys, smokestacks, water tanks, wireless or television masts, theater lofts, silos, or similar structures may be erected above the height limits herein prescribed, but no space above the height limit shall be allowed for purposes of providing additional floor space.
SECTION 13.07.120 Minimum Height of Main Buildings
No dwelling shall be erected to a height less than one (1) story above grade, without obtaining a variance from the Board of Adjustment and meeting the appropriate building codes enacted by Milford City.
SECTION 13.07.130 Maximum Height of Accessory Buildings
No building which is accessory to a one-family, two-family, three-family or four-family dwelling shall be erected to a height greater than one (1) story or twenty (20) feet.
SECTION 13.07.140 Clear View Intersecting Streets
In all districts which require a front yard, no obstruction to view shall be placed on any corner lot within a triangular area formed by the property lines that abut the street, and a line connecting them at points of twenty (20) feet from the intersection of the property lines, except on a corner lot, a chain link view fence or other non sight obscuring fence may be allowed to a maximum of four (4) feet in height. Trees must be pruned high enough to permit unobstructed vision to the drivers of vehicles; and pedestal type identification signs and pumps at gasoline service stations must not obstruct vision to the drivers of vehicles.
(Ord. Ordinance 6-2006, Amended, 07/18/2006)
SECTION 13.07.150 Maximum Height of Fence, Walls and Hedges
1. Fences, walls, and hedges may be erected or allowed to the permitted building height when located within the buildable area, provided that any physical structure over six (6) feet in height shall require a building permit.
2. Any fence, wall or hedge, constructed on a property line paralleling a street, is restricted to four (4) feet in height. On lots other than corner lots, a fence, wall or hedge may be constructed to a height of six (6) feet, or a maximum height of eight (8) feet along the property line (xxxx) if a building permit is first obtained for any fence, wall or hedge over six (6) feet in height. The height is limited to a maximum of four (4) feet for any interior fence, wall or hedge within the twenty (20) foot setback of the front property line (- - -). (see illustration following)
3. Where a fence, wall, or hedge is located along a property line separating two (2) lots and there is a difference in the grade of the properties on the two (2) sides of the property line, the fence, wall, or hedge may be erected or allowed to the maximum height permitted on the highest side of the property line.
SECTION 13.07.160 Water and Sewer Requirements
In all cases where a proposed building or proposed use will involve the use of sewerage facilities, and connection to a public sewer system as defined by the Utah State Division of Environmental Health is not available, and in all cases where a connection to a public water system approved by the Utah State Division of Environmental Health is not available, the sewage disposal and the domestic water supply shall comply with the requirements of such Division and of the local board of health, and the application for a building permit shall be accompanied by a certificate of approval from said Board or Division.
SECTION 13.07.170 Curbs, Gutters and Sidewalks
The installation of curb, gutter and sidewalks of a type approved by the Governing Body shall be required on any existing or proposed street adjoining a lot on which a building is to be established. Such curbs, gutters, and sidewalks are required as a condition of a building occupancy permit approval.
SECTION 13.07.180 Lots and Dwellings on Private Streets - Special Provisions
Lots with frontage on private streets shall be allowed only with a conditional use permit, and subject to all applicable requirements of this Ordinance and the Subdivision Ordinance.
CHAPTER 13.08
Establishment of Districts
SECTIONs:
13.08.010 Purpose
13.08.020 Established
13.08.030 Prohibited Uses Within Districts
13.08.040 Rules for Locating Boundaries
13.08.080 Zoning at Time of Annexation
SECTION 13.08.010 Purpose
In order to classify, regulate, restrict and separate the use of land, buildings, and structures and to regulate and to limit the type, height and bulk of buildings and structures in the various districts and to regulate the areas of yards and other open spaces abutting and between buildings and structures and to regulate the density of population, the districts delineated in 13.08.020 are established.
SECTION 13.08.020 Established
The following districts are established in the city:
Base Land Use Districts:
Agricultural (A-20)
Rural Residential-5 (RR-5)
Rural Residential-1(RR-1)
Residential Low 20 (RL-1-20)
Residential Low 10 (RL-1-10)
Residential Medium (RM-8)
Residential Medium (RM-6)
Residential Medium (RM-6S)
Multiple Residential 7 (MR-7)
Multiple Residential 15 (MR-15)
Multiple Residential 30 (MR-30)
Main Street Commercial (MSC)
Highway Service Commercial (HSC)
Industrial Park (IP)
Manufacturing (M)
Open Space (OS)
SECTION 13.08.030 Prohibited Uses Within Districts
1. All uses, not specified within a particular zoning district, shall be prohibited unless the Planning and Zoning Commission determines on a case by case basis that a particular use is similar in nature to those specified.
2. Those uses which are not therein enumerated but are expressly permitted or conditionally permitted in any other zone are prohibited in said district.
SECTION 13.08.040 Rules for Locating Boundaries
Where uncertainty exists as to the boundary of any district, the following rules shall apply:
1. Wherever the district boundary is indicated as being approximately upon the centerline of a street, alley, or block, or along a property line, then, unless otherwise definitely indicated on the map, the centerline of such street, alley, block, or such property line shall be construed to be the boundary of said district.
2. Whenever such boundary line of such district is indicated as being approximately at the line of any river, irrigation canal or other waterway, or railroad right-of-way, or public park or other public land, or any section line, then in such case the center of such river or stream, canal or waterway, or of such railroad right-of-way, or the boundary line of such public land or such section line shall be deemed to be the boundary of said district.
3. Where such district boundary lines cannot be determined by the above rules, their location may be found by the use of the scale appearing upon the map.
4. Where the application of the above rules does not clarify the district boundary location, the Planning and Zoning Commission shall interpret the map.
SECTION 13.08.080 Zoning at Time of Annexation
If the Local Jurisdiction is a municipality to which land is to be annexed, the Planning and Zoning Commission and Governing Body of the municipality shall proceed with rezoning procedures as required for land within the municipality and shall declare the land upon annexation to be zoned to the zoning district or districts determined appropriate by such procedures and by declaration of the Governing Body of the municipality.
CHAPTER 13.09
Agricultural (A20) District
SECTIONs:
13.09.010 Purpose
13.09.020 Permitted Uses
13.09.030 Conditional Uses
13.09.040 Maximum Development Densities
13.09.050 General Development Standards
13.09.060 Applicable Regulations
SECTION 13.09.010 Purpose
The A-20 designation is intended to promote and preserve in appropriate areas conditions favorable to large lot family living, the keeping of limited numbers of animals and fowl, and reduced requirements for public utilities. These districts are intended to be agricultural and residential in nature and protected from encroachment by non agricultural commercial and industrial uses.
SECTION 13.09.020 Permitted Uses
1. Single family dwellings;
2. Accessory buildings and structures customarily incidental to single family dwellings;
3. The housing of large animals (see 13.30)
4. Agriculture including: grazing and pasturing of animals; the tilling of soil; the raising of crops; horticulture and gardening; and, family food production; Farms devoted to raising and marketing chickens, turkeys, fish, frogs, or rabbit; and
5. The keeping of large animals.
SECTION 13.09.030 Conditional Uses
1. Places of worship;
2. Public or private schools or educational institutions;
3. Bed and Breakfast facilities;
4. Public or quasi-public utility or public service facilities;
5. Public parks or recreational facilities;
6. Private recreational facilities;
7. Day care centers;
8. Fruit/vegetable stands;
9. Kennels;
10. Dude Ranches; and
11. Other uses considered by the Planning and Zoning Commission to be compatible with these conditional uses.
SECTION 13.09.040 Maximum Development Densities
The maximum density in the A-20 district shall be as follows:
District ThresholdDensity (du/20 acres) Min.Lot Size(sq. ft.) Max. Density(du/20 acres)
A-20 0-1 20 acres 1
SECTION 13.09.050 General Development Standards
The following standards shall apply to all lots in the A-20 district;
1. Maximum residential building height, 35 feet or 2 stories, may be exceeded by conditional use permit. Architectural features such as cornices, chimneys, and bell towers may exceed this height. Accessory structures, such as barns, may be a maximum of 35 feet height;
2. Minimum lot area shall be 20 gross acres;
3. Minimum lot width shall be 330 feet;
4. Minimum front yards shall be 30 feet;
5. Minimum rear yards shall be 50 feet. Accessory structures may encroach into the rear yards, but in no event shall be closer than 10 feet to the rear property line;
6. Minimum side yards shall be 20 feet. Accessory structures may encroach into side yards, but in no event shall be closer than 10 feet to the side property lines.
SECTION 13.09.060 Applicable Regulations
13.26.010 through 13.26.070 - Home occupations
13.27.010 through 13.27.070 - In-Home Day Care
13.30.010 through 13.30.030 - Keeping of Horses, Other Large Animals and Farm Animals
13.31.010 through 13.31.030 - Fencing and Walls
13.32.010 through 13.32.080 - Vehicular Parking, Loading and Maneuvering Areas
13.33.010 through 13.33.030 - Landscaping
13.34.010 through 13.34.060 - Yards and Setbacks
13.35.010 through 13.35.100 - Design Review and Site Plan Review
CHAPTER 13.10
Residential Designations
SECTIONs:
13.10.010 Intent and Purpose
SECTION 13.10.010 Intent and Purpose
The purpose of the residential districts in the zoning regulations is to achieve the following:
1. To reserve appropriately located areas for residential living at a range of population densities consistent with the General Plan and with sound standards of public health, safety and general welfare;
2. To ensure adequate light, air, privacy, and open space for each dwelling;
3. To provide space for public and semi-public uses needed to complement residential areas and for institutions that require a residential environment;
4. To minimize adverse effects on the city's infrastructure by preventing the construction of buildings of excessive size in relation to the surrounding environment;
5. To prevent the construction of buildings which are out of character with the surrounding environment;
6. To provide necessary space for off-street parking of automobiles and other vehicles, and, where appropriate, for off-street loading of trucks and trailers;
7. To safeguard homes from the negative externalities created by non-compatible land uses.
8. To facilitate the provision of utility services and other public facilities commensurate with anticipated population densities and service requirements.
9. To permit land uses and appurtenant facilities which are compatible with each residential land use category.
10. To inspire quality site planning and environmental design.
CHAPTER 13.11
Rural Residential - 5 District (RR-5)
SECTIONs:
13.11.010 Intent and Purpose
13.11.020 Permitted Uses
13.11.030 Conditional Uses
13.11.040 Maximum Development Densities
13.11.050 General Development Standards
13.11.060 Applicable Regulations
SECTION 13.11.010 Intent and Purpose
The RR-5 designation is intended to provide for the development of large lot estates and ranchettes. Homes developed in this designation will be allowed to keep horses and other large animals. This zone is intended to encourage a rural countryside atmosphere, and is designed to take advantage of the rural environment of the area.
SECTION 13.11.020 Permitted Uses
The following are permitted uses in any RR-5 district:
1. Single family dwellings;
2. Accessory buildings, uses, or structures customarily incidental to single family dwellings;
3. Detached guest dwellings;
4. Home occupations subject to the provisions of 13.26.010 through 13.26.070;
5. Agricultural uses including: grazing and pasturing of animals (see 13.30.020); the tilling of soil; the raising of crops; horticulture and gardening; and, family food production;
6. Construction trades permitted if:
A. The owner of the property and of the business must live on site;
B. The business is conducted entirely within an enclosed structure;
C. There are no more than four workers who may periodically report for assignment;
D. There are no more than three additional vehicles on site which must be kept off the public right-of-way;
E. All equipment and vehicles must be kept view obscured from any right-of-way.
F. No residential site shall be used for the storage of construction debris or recyclable materials in excess of that generated by the owner-occupants;
7. Detached servant quarters;
8. The keeping of domestic animals;
9. Licensed in home day care for up to 12 children subject to 13.27.010 through 13.27.060;
10. Flood control facilities;
11. The keeping of horses, other large animals and farm animals; and
12. Other uses considered by the Planning and Zoning Commission to be compatible with these permitted uses.
SECTION 13.11.030 Conditional Uses
The following uses may be permitted subject to a conditional use permit:
1. Accessory buildings customarily incidental to permitted agricultural uses;
2. Temporary uses incidental to construction work activities;
3. Agricultural related business;
4. Fruit/vegetable stand;
5. Places of worship;
6. Public or private schools or educational institutions;
7. Bed and Breakfast facilities;
8. Public or quasi-public utility or public service facilities;
9. Public parks or recreational facilities;
10. Private recreational facilities;
11. Day care centers; and
12. Other uses considered by the Planning and Zoning Commission to be compatible with these conditional uses.
SECTION 13.11.040 Maximum Development Densities
The maximum density in the RR-5 district shall be as follows:
District ThresholdDensity(du/net acre) Min.Lot Size(sq. ft.) Max. Density (du/net acre)
RR-5 0 - 0.2 5 acres 0.2
SECTION 13.11.050 General Development Standards
The following standards shall apply to all lots in the RR-5 district;
1. Maximum residential building height, 35 feet or 2 stories, may be exceeded by conditional use permit. Architectural features such as cornices, chimneys, and bell towers may exceed this height. Accessory structures, such as barns, may be a maximum of 35 feet height;
2. Minimum lot area shall be 5 gross acres;
3. Minimum lot width shall be 250 feet;
4. Minimum lot depth shall be 200 feet;
5. Minimum front yards shall be 30 feet;
6. Minimum rear yards shall be 50 feet. Accessory structures may encroach into the rear yards, but in no event shall be closer than 10 feet to the rear property line;
7. Minimum side yards shall be 20 feet. Accessory structures may encroach into side yards, but in no event shall be closer than 10 feet to the side property lines.
SECTION 13.11.060 Applicable Regulations
13.26.010 through 13.26.070 - Home occupations
13.27.010 through 13.27.070 - In-Home Day Care
13.30.010 through 13.30.030 - Keeping of Horses, Other Large Animals and Farm Animals
13.31.010 through 13.31.030 - Fencing and Walls
13.32.010 through 13.32.080 - Vehicular Parking, Loading and Maneuvering Areas
13.33.010 through 13.33.030 - Landscaping
13.34.010 through 13.34.060 - Yards and Setbacks
13.35.010 through 13.35.010 - Design Review and Site Plan Review
CHAPTER 13.12
Rural Residential - 1 District (RR-1)
SECTIONs:
13.12.010 Intent and Purpose
13.12.020 Permitted Uses
13.12.030 Conditional Uses
13.12.040 Maximum Development Densities
13.12.050 General Development Standards
13.12.060 Applicable Regulations
SECTION 13.12.010 Intent and Purpose
The RR-1 designation is intended to provide for the development of larger country lots. This zone is intended to encourage a rural countryside atmosphere, and is designed to take advantage of the rural environment of the area.
SECTION 13.12.020 Permitted Uses
The following are permitted uses in any RR-1 district:
1. Single family dwellings;
2. Accessory buildings, uses, or structures;
3. Detached guest dwellings;
4. Home occupations subject to the provisions of 13.26.010 through 13.26.070;
5. Family food production;
6. Construction trades permitted if:
A. The owner of the property and of the business must live on site;
B. The business is conducted entirely within an enclosed structure;
C. There are no more than four workers who may periodically report for assignment;
D. There are no more than three additional vehicles on site which must be kept off the public right-of-way;
E. All equipment and vehicles must be
kept view obscured from any right-of-way.
F. No residential site shall be used for the storage of construction debris or recyclable materials in excess of that generated by the owner-occupants;
7. Detached servant quarters;
8. The keeping of large or domestic animals (see 13.30.020);
9. Licensed in home day care for up to 12 children subject to 13.27.010 through 13.27.060; and
10. Flood control facilities.
SECTION 13.12.030 Conditional Uses
The following uses may be permitted subject to a conditional use permit:
1. Places of worship;
2. Public or private schools or educational institutions;
3. Bed and Breakfast facilities;
4. Public or quasi-public utility or public service facilities;
5. Public parks or recreational facilities;
6. Private recreational facilities;
7. Day care centers;
8. The keeping of exotic animals; and
9. Small and large animal hospitals.
SECTION 13.12.040 Maximum Development Densities
The maximum density in the RR-1 district shall be as follows:
District ThresholdDensity(du/ac) Min.Lot Size(sq. ft.) Max. Density(du/ac)
RR-1 0 -1 1 acre 1
SECTION 13.12.050 General Development Standards
The following standards shall apply to all lots in the RR-1 district;
1. Maximum residential building height, 35 feet or 2 stories, may be exceeded by conditional use permit. Architectural features such as cornices, chimneys, and bell towers may exceed this height. Accessory structures, such as barns, may be a maximum of 35 feet height;
2. Minimum lot area shall be 1 gross acre;
3. Minimum lot width shall be 200 feet;
4. Minimum front yards shall be 30 feet;
5. Minimum rear yards shall be 30 feet. Accessory structures may encroach into the rear yards, but in no event shall be closer than 10 feet to the rear property line;
6. Minimum side yards shall be 15 feet. Accessory structures may encroach into side yards, but in no event shall be closer than 10 feet to the side property lines.
SECTION 13.12.060 Applicable Regulations
13.26.010 through 13.26.070 - Home occupations
13.27.010 through 13.27.070 - In-Home Day Care
13.30.010 through 13.30.030 - Keeping of Horses, Other Large Animals and Farm Animals
13.31.010 through 13.31.030 - Fencing and Walls
13.32.010 through 13.32.080 - Vehicular Parking, Loading and Maneuvering Areas
13.33.010 through 13.33.030 - Landscaping
13.34.010 through 13.34.060 - Yards and Setbacks
13.35.010 through 13.35.100 - Design Review and Site Plan Review
CHAPTER 13.13
Residential Medium District Special (RM6S)
SECTIONs:
13.13.010 Intent and Purpose
13.13.020 Permitted Uses
13.13.030 Conditional Uses
13.13.040 Maximum Development Densities
13.13.050 General Development Standards
13.13.060 Applicable Regulations
SECTION 13.13.010 Intent and Purpose
The Residential Medium Special (RM6S) designation promotes single family residential development..
(Ord. Ordinance 7/2008 RM6S, Amended, 06/18/2008)
SECTION 13.13.020 Permitted Uses
The following are permitted uses in any RM6S district:
1. Single family dwellings;
2. Accessory buildings, uses, or structures;
3. Home occupations;
4. The keeping of domestic animals (see 13.30.020);
5. Family food production;
6. Flood control facilities;
7. Townhomes and condominium
8. Public parks or recreational facilities, including public or private golf courses with no night lighting;
9. Any other uses deemed by the Planning and Zoning Commission to be in harmony with listed permitted uses and the purpose and intent of this district.
(Ord. Ordinance 7/2008 RM6S, Amended, 06/18/2008)
SECTION 13.13.030 Conditional Uses
The following uses may be permitted subject to a conditional use permit:
1. Senior housing unit (granny flat), subject to the specific conditions i.e. Separate utility meters shall not be permitted.
2. Clubs, lodges or halls.
3. Any other uses deemed by the Planning and Zoning Commission to be in harmony with listed conditional uses and the purpose and intent of this district.
(Ord. Ordinance 7/2008 RM6S, Amended, 06/18/2008)
SECTION 13.13.040 Maximum Development Densities
The maximum density in the RM6S districts shall be as follows:
District ThresholdDensity(du/net acre) Min. LotSize(Sq. Ft.) Max.Density(du/net acre)
RM-6S 0-7.26 6,000 7.26
(Ord. Ordinance 7/2008 RM6S, Amended, 06/18/2008)
SECTION 13.13.050 General Development Standards
The following standards shall apply to all lots in the RM6S district;
1. Minimum dwelling unit size for bachelor, one-bedroom and two-bedroom family units shall be 1,100 square feet, and 1,000 square feet for attached units. For three-bedroom multi-family units the minimum size shall be 1,200 square feet and for four-bedroom units the minimum size shall be 1,400 square feet all excluding garages and miscellaneous structures;
2. Maximum building height, 25 feet or two stories, whichever is less. Buildings over one story, or 18 feet in height shall not be permitted within 150 feet of an adjacent residentially used property unless separated by a public street or easement of no less than 60 feet in total width.
3. Accessory structures shall not exceed one story in height;
4. Architectural features such as cornices, chimneys and bell towers may exceed the height limit;
5. Design review shall be required for projects of four or more homes;
6. Decorative walls or fences shall be required along the side and rear property lines of each home. Man-gates may be approved;
a. Decorative walls or fences shall be constructed of cinder block, vinyl, decorative stone, cement or wood; and shall be constantly well maintained. Chain link fence is prohibited in this section.
7. Minimum lot width for attached units shall be 100 feet. For single family detached units, the minimum lot width shall be 60 feet;
8. Minimum side yards for attached units shall be ten feet. For single family detached units the minimum side yards shall be five feet.
9. Minimum front yards shall be 15 feet, except the minimum setback of the face of a garage or carport shall be 20 feet. Front yard setbacks in subdivision developments may be reduced by 25% provided the average of all such setbacks is not less than the minimum required for the district;
10. Minimum rear yards shall be 15 feet. Accessory structures may be built at the rear property line, if that property line abuts a Milford City Alley way and care is taken to maintain a continuing drainage system that empties onto the subject property. Otherwise, accessory buildings may encroach into the rear yards, but in no case shall an accessory structure be closer than five feet to the rear property line.
11. Maximum site coverage shall be 40%;
12. Parking area for one vehicle shall be required for each unit; and,
13. Each garage for detached units shall have a minimum bulk storage area of 160 cubic feet and each garage for attached units shall have a minimum bulk storage area of 90 cubic feet.
(Ord. Ordinance 7/2008 RM6S, Amended, 06/18/2008)
SECTION 13.13.060 Applicable Regulations
13.26.010 through 13.26.070 - Home occupations
13.27.010 through 13.27.070 - In-Home Day Care
13.30.010 through 13.30.030 - Keeping of Horses, Other Large Animals and Farm Animals
13.31.010 through 13.31.030 - Fencing and Walls
13.32.010 through 13.32.080 - Vehicular Parking, Loading and Maneuvering Areas
13.33.010 through 13.33.030 - Landscaping
13.34.010 through 13.34.060 - Yards and Setbacks
13.35.010 through 13.35.100 - Design Review and Site Plan Review
(Ord. Ordinance 7/2008 RM6S, Amended, 06/18/2008)
CHAPTER 13.14
Residential Medium District (RM)
SECTIONs:
13.14.010 Intent and Purpose
13.14.020 Permitted Uses
13.14.030 Conditional Uses
13.14.040 Uses Permitted Subject to a Planned Development
13.14.050 Maximum Development Densities
13.14.060 General Development Standards
13.14.070 Applicable Regulations
SECTION 13.14.010 Intent and Purpose
The Residential Medium (RM) designation allows for a range of detached and attached single family units and low intensity multi-family residential units. This designation encourages greater housing diversity and acts as a transition zone between low density developments and higher density multi-family projects.
(Ord. Ordinance 8-2008, Amended, 06/18/2008)
SECTION 13.14.020 Permitted Uses
The following are permitted uses in any RM district:
1. Single family dwellings;
2. Accessory buildings, uses, or structures;
3. Zero lot line developments;
4. Wide shallow lot developments;
5. Duplexes
6. Town homes
7. Home occupations;
8. The keeping of domestic animals (see 13.30.020);
9. Family food production;
10. Licensed in home day care for up to 12 children;
11. Flood control facilities;
12. Public parks or recreational facilities, including public or private golf courses with no night lighting;
13. Public or private schools or educational institutions;
a. Public or private schools or educational institutions are allowed within this district only if traffic ingress and egress does not adversely affect the general traffic patterns of the area. under this section, public or private schools or educational institutions shall be prohibited to be located on a dead end street and/or cul-de-sac.
14. Foster homes; and
15. Any other uses deemed by the Planning and Zoning Commission to be in harmony with listed permitted uses and the purpose and intent of this district.
(Ord. Ordinance 8-2008, Amended, 06/18/2008)
SECTION 13.14.030 Conditional Uses
The following uses may be permitted subject to a conditional use permit:
1. Places of worship;
2. Bed and breakfast facilities;
3. Public or quasi-public utility or public service facilities;
4. Private recreational facilities;
5. Licensed day care centers;
6. Boarding houses or rooming houses;
7. Guest house or servant's quarters which may not be rented or sold;
8. Club, lodges or halls;
9. Licensed "community care facilities" including: Residential facility; adult day care; day treatment; social rehabilitation facility; community treatment facility;
10. Senior housing unit (granny flat), subject to the specific conditions i.e. Separate utility meters shall not be permitted.
11. Commercial parking lots when directly adjacent to the NC (Neighborhood Commercial) district and consistent with recommendations of an adopted specific plan; and
12. Any other uses deemed by the Planning and Zoning Commission to be in harmony with listed conditional uses and the purpose and intent of this district.
(Ord. Ordinance 8-2008, Amended, 06/18/2008)
SECTION 13.14.040 Uses Permitted Subject to a Planned Development
1. Recreational vehicle and travel trailer parks subject to the provisions of 13.28.010 through 13.28.040:
2. Manufactured home parks subject to the provisions of 13.29.010 through 13.29.030.
(Ord. Ordinance 8-2008, Amended, 06/18/2008)
SECTION 13.14.050 Maximum Development Densities
The maximum density in the RM districts shall be as follows:
District ThresholdDensity(du/net acre) Min. LotSize(Sq. Ft.) Max.Density(du/net acre)
RM-8 0-5.45 8,000 5.45
RM-6 0-7.26 6,000 7.26
(Ord. Ordinance 8-2008, Amended, 06/18/2008)
SECTION 13.14.060 General Development Standards
The following standards shall apply to all lots in the RM district;
1. Minimum dwelling unit size for bachelor, one-bedroom and two-bedroom multi-family units shall be 1,100 square feet for detached multi-family units, and 1,000 square feet for attached units. For three-bedroom multi-family units the minimum size shall be 1,200 square feet and for four-bedroom multi-family units the minimum size shall be 1,400 square feet all excluding garages and miscellaneous structures;
2. Maximum building height, 25 feet or two stories, whichever is less. Buildings over one story, or 18 feet in height shall not be permitted within 150 feet of an adjacent residentially used property unless separated by a public street or easement of no less than 60 feet in total width. Principal buildings may exceed the height limit by Conditional Use Permit;
3. Accessory structures shall not exceed one story in height;
4. Architectural features such as cornices, chimneys and bell towers may exceed the height limit;
5. Design review shall be required for projects of four or more homes;
6. Decorative walls or fences shall be required along the side and rear property lines of each home. Man-gates may be approved;
7. Minimum lot width for attached units shall be 100 feet. For single family detached units, the minimum lot width shall be 60 feet;
8. Minimum side yards for attached units shall be ten feet. For single family detached units the minimum side yards shall be five feet.
9. Minimum front yards shall be 15 feet, except the minimum setback of the face of a garage or carport shall be 20 feet. Front yard setbacks in subdivision developments may be reduced by 25% provided the average of all such setbacks is not less than the minimum required for the district;
10. Minimum rear yards shall be 15 feet. Accessory structures may be built at the rear property line, if that property line abuts a Milford City Alley way and care is taken to maintain a continuing drainage system that empties onto the subject property. Otherwise, accessory buildings may encroach into the rear yards, but in no case shall an accessory structure be closer than five feet to the rear property line
11. Maximum site coverage shall be 40%;
12. Parking area for one vehicle shall be required for each unit; and,
13. Each garage for detached units shall have a minimum bulk storage area of 160 cubic feet and each garage for attached units shall have a minimum bulk storage area of 90 cubic feet.
(Ord. Ordinance 8-2008, Amended, 06/18/2008)
SECTION 13.14.070 Applicable Regulations
13.26.010 through 13.26.070 - Home occupations
13.27.010 through 13.27.070 - In-Home Day Care
13.30.010 through 13.30.030 - Keeping of Horses, Other Large Animals and Farm Animals
13.31.010 through 13.31.030 - Fencing and Walls
13.32.010 through 13.32.080 - Vehicular Parking, Loading and Maneuvering Areas
13.33.010 through 13.33.030 - Landscaping
13.34.010 through 13.34.060 - Yards and Setbacks
13.35.010 through 13.35.100 - Design Review and Site Plan Review
(Ord. Ordinance 8-2008, Amended, 06/18/2008)
CHAPTER 13.15
Multiple Residential Districts (MR)
SECTIONs:
13.15.010 Intent and Purpose
13.15.020 Permitted Uses
13.15.030 Conditional Uses
13.15.040 Prohibited Uses
13.15.050 Maximum Development Densities
13.15.060 General Development Standards
13.15.070 Applicable Regulations
SECTION 13.15.010 Intent and Purpose
The multiple residential designation allows multi-family developments of apartments, condominiums, and other multi-family units.
SECTION 13.15.020 Permitted Uses
The following are permitted uses in any MR district:
1. All uses permitted in the RM district;
2. Apartments;
3. Condominiums;
4. Senior housing;
5. Family food production; and
6. Any other uses deemed by the Planning and Zoning Commission to be in harmony with listed permitted uses and the purpose and intent of this district.
SECTION 13.15.030 Conditional Uses
The following uses may be permitted subject to a conditional use permit:
1. All uses subject to a conditional use permit in the RM district; and
2. Any other uses deemed by the Planning and Zoning Commission to be in harmony with listed conditional uses and the purpose and intent of this district.
SECTION 13.15.040 Prohibited Uses
The following are specifically prohibited in this district:
1. Commercial uses;
2. Industrial uses
SECTION 13.15.050 Maximum Development Densities
The maximum density in the MR district shall be as follows:
District ThresholdDensity(du/net acre) Min. LotSize(Sq. Ft.) Max.Density (du/net acre)
MR-7 0-7 n/a 7.0
MR-15 0-15 n/a 15.0
MR-30 0-30 n/a 30.0
SECTION 13.15.060 General Development Standards
The following standards shall apply to all lots in the MR district;
1. Minimum dwelling unit size, studio/one bedroom multi-family unit - 800 square feet, two bedrooms multi-family unit - 900 square feet, three bedroom multi-family unit - 1,200 square feet, four or more bedroom multi-family unit - 1,400 square feet; excluding garages and miscellaneous structures.
2. Maximum building height, 35 feet or three stories, whichever is less. Buildings over one story, or 18 feet, in height shall not be permitted within 150 feet of an adjacent residentially used property unless separated by a public street or easement of no less than 60 feet in total width. Principal buildings may exceed the height limit by Conditional Use Permit;
3. Accessory structures shall not exceed one story in height;
4. Architectural features such as cornices, chimneys and bell towers may exceed the height limit;
5. Design review shall be required for projects of four or more units;
6. Decorative walls shall be required along side and rear property lines. No access gates shall be constructed through said walls or fences.
7. Minimum lot area for attached units shall be 7,500 square feet. For single family detached units, the minimum lot area shall be 4,500 square feet;
8. Minimum lot width for attached units shall be 100 feet. For single family detached units, the minimum lot width shall be 50 feet;
9. Minimum front yards shall be twice or shall be 1/2 the height of adjacent structures or ten feet, whichever is greater;
10. Minimum rear yards shall be twice or shall be 1/2 the height of adjacent structures or ten feet, whichever is greater;
11. Minimum side yards for attached units shall be 1/2 the height of adjacent structures or ten feet, whichever is greater. For single family detached units the minimum side yards shall be five feet;
12. Maximum site coverage shall be 50%;
13. Parking area for one vehicle shall be required for each unit; and,
14. Common useable open space shall be provided at a minimum rate of 350 square feet per unit. Driveways and parking areas are excluded from useable open space.
SECTION 13.15.070 Applicable Regulations
13.26.010 through 13.26.070 - Home occupations
13.27.010 through 13.27.070 - In-Home Day Care
13.30.010 through 13.30.030 - Keeping of Horses, Other Large Animals and Farm Animals
13.31.010 through 13.31.030 - Fencing and Walls
13.32.010 through 13.32.080 - Vehicular Parking, Loading and Maneuvering Areas
13.33.010 through 13.33.030 - Landscaping
13.34.010 through 13.34.060 - Yards and Setbacks
13.35.010 through 13.35.100 - Design Review and Site Plan Review
CHAPTER 13.16
Designation of Commercial Districts
SECTIONs:
13.16.010 Intent and Purpose
SECTION 13.16.010 Intent and Purpose
The purpose of the commercial districts in the zoning regulations is to achieve the following:
1. To reserve appropriately located areas for retail stores, offices, service establishments, and businesses, which offer goods and services;
2. To provide opportunities for retail stores, offices, service establishments, and recreational establishments to concentrate for the convenience of the public and in mutually beneficial relationship to each other;
3. To provide adequate space to meet the needs of modern and traditional commercial development;
4. To protect commercial properties from noise, odor, dust, dirt, smoke, vibration, heat, glare, heavy truck traffic, and other objectionable influences incidental to industrial uses;
5. To protect commercial properties from fire, explosion, noxious fumes, and other hazards.
6. To permit land uses and appurtenant facilities which are compatible with each commercial land use category.
7. To inspire superior site planning and environmental design.
CHAPTER 13.17
Main Street Commercial Districts (MSC)
SECTIONs:
13.17.010 Intent and Purpose
13.17.020 Permitted Uses
13.17.030 Conditional Uses
13.17.040 Maximum Development Densities
13.17.050 General Development Standards
13.17.060 Applicable Regulations
SECTION 13.17.010 Intent and Purpose
The MSC designation is intended to provide for single residences, traditional merchandising, home occupation, and retailing establishments that serve the needs of the local residents.
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