Chapter 17.45
EXCEPTIONS AND MODIFICATIONS

Sections:

17.45.010    Existing lots of record exceptions.

17.45.020    Height limit exceptions.

17.45.030    Area requirement exceptions.

17.45.040    Front yard exceptions and modifications.

17.45.050    Distance between residential structures – Exceptions or modifications.

17.45.060    Projections into required yards – Exceptions or modifications.

17.45.070    Essential services.

17.45.080    Resident installing of curb, gutter and sidewalk to be put on building permit.

17.45.010 Existing lots of record exceptions.

A. The requirements of this title as to minimum building site area shall not be construed to prevent the use for a single-family dwelling of any lot or parcel of land in the event that such land was held in separate ownership at the effective date of the original West Point City zoning ordinance.

B. On any lot held under a separate ownership from adjacent lots, and of record at the time of the passage of the original West Point City zoning ordinance, the side yard requirements may be waived to the extent that the buildable width of such lot is not reduced to less than 25 feet, except that at least a six-foot side yard is required on each side of any interior lot and the side yard on the street side of a corner lot must be at least 15 feet.

C. The depth of the rear yard of any such lot need not exceed 20 percent of the depth of the lot, but in no case shall it be less than 10 feet. [Code 2000 § 17-16-1].

17.45.020 Height limit exceptions.

A. Roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the building, skylights, steeples, chimneys, antennas, or similar structures may be erected above the height limits herein prescribed, but no space above the height limit shall be allowed for the purpose of providing additional floor space.

B. Flagpoles within the height limits herein prescribed are permitted uses in all zone districts. Flagpoles erected above the height limits herein prescribed are conditional uses in all zone districts.

C. On a pitched or hipped roof that extends upward from within 12 feet of the finished grade, the building height shall be measured to the average height of the highest gable.

D. No main building shall be erected to a height less than 10 feet. [Code 2000 § 17-16-2].

17.45.030 Area requirement exceptions.

In any district where no public sanitary sewer is accessible, and regardless of any lot area or width elsewhere prescribed for said district, no lot shall have an area or width less than that required by the health departments of Davis County or the state of Utah for the satisfactory functioning of a septic tank on the property. [Code 2000 § 17-16-3].

17.45.040 Front yard exceptions and modifications.

A. In any R district, where the average depth of at least two existing front yards on lots within 100 feet of the lot in question and within the same block is less than the least front yard depth prescribed for said R district, the front yard of such lot may be reduced to the average depth of the existing front yards within 100 feet of the lot in question, or the average depth of existing front yards of the two lots immediately adjoining, or, in the case of a corner lot, the depth of the front yard on the lot immediately adjoining, and facing on the same street as the lot in question.

B. The carport of a duplex or multiple-family dwelling may be in the front yard if the main building is set back so that the required front yard is provided between the front lot line and the closest part of the carport. [Code 2000 § 17-16-4].

17.45.050 Distance between residential structures – Exceptions or modifications.

A. The width of one side yard may be reduced or eliminated when authorized by the board of adjustment, to a width not less than three feet, provided the sum of the width of the two side yards is not less than the sum of the required minimum yards, and further provided the distance between the proposed dwelling and another dwelling, existing or proposed, on an adjacent lot is not less than the sum of the two side yards regularly required in this title. Such reduction may be authorized only when the board of adjustment finds it to be warranted by the location of existing buildings or conducive to the desirable development of two or more lots.

B. A side yard along the side street lot line of a corner lot, which abuts in the rear the side lot line of another lot in an R district, shall have a width of not less than one-half of the required depth of the front yard on such other lot fronting the side street. [Code 2000 § 17-16-5].

17.45.060 Projections into required yards – Exceptions or modifications.

Certain architectural features may project into required yards or courts as follows:

A. Every part of a required yard shall be open to the sky, unobstructed except for accessory building in a rear yard, and except for the ordinary projections of skylights, sills, belt courses, and other ornamental features.

B. Open or lattice-enclosed fire escapes, fireproof outside stairways, and balconies opening upon fire towers projecting into a yard not more than five feet; and the ordinary projections of chimneys and flues are permitted.

C. Architectural features which shall be allowed to project into required yards or courts include, but are not limited to, decks and balconies. [Code 2000 § 17-16-6].

17.45.070 Essential services.

Underground distribution and transmission systems shall be permitted in all districts without obtaining a zoning certificate; however, a license must first be obtained from the city before utilizing any public utility easement or any city street or right-of-way. [Code 2000 § 17-16-7].

17.45.080 Resident installing of curb, gutter and sidewalk to be put on building permit.

The individual property owner(s) will be responsible for installing the curb, gutter and sidewalk if and when required by the city. This statement is to be placed on each individual building permit, so they will be knowledgeable of this requirement.

All improvements required by the city are to be placed on the recorded deed and as a requirement on the building permit. [Code 2000 § 17-16-8].