The following shall apply to all zoning districts, unless otherwise specifically stated in this Code:
(A) General development standards.
(1) Structures and uses. All structures shall be used only for purposes compatible with the district in which they are located, and shall meet the following requirements:
(a) The authorization of a particular class of structure or use in a designated district as specified in this Code is prohibited in all other districts unless specifically allowed in that district. A use that is not permitted in that district shall not be considered as an accessory use in that district. The determination of whether or not a use is specifically designated shall be determined by the Zoning Administrator.
(b) Building height:
1. Buildings in Single Family Residential (R1) zoning districts and upon any portion of property within 75 feet of Single Family Residential zoned property, regardless of zoning district, shall not exceed 35 feet in height.
2. Buildings in Multifamily (R2, R3), Commercial (C1, C2, C3) and Industrial (M-1, M-2) zoning districts shall not exceed 45 feet in height, except as provided in 3. and 4. below.
3. Buildings in Multifamily (R2, R3), Commercial (C1, C2, C3) and Industrial (M-1, M-2) zoning districts may petition the Planning & Zoning Commission for a 25% increase in the maximum allowed building height in accordance with § 154-09-017.
4. Building height within planned area developments (PAD) shall be limited by the approved PAD plan and narrative, and shall address the factors noted in § 154-09-017(A)(4).
PADs approved prior to January 1, 2010 shall be subject to the provisions in place on the date of approval of such PAD. Changes to building heights within these previously approved PAD's may only be requested through the provisions of § 154-09-017 or with a new planned area development application.
5. Administrative relief, under § 154-08-008, is not available from the provisions of division (A)(1)(b).
(c) No building or structure shall be erected or added to, so as to encroach upon or reduce any open space, yard/setback, lot area, or parking area specified for that district, unless otherwise herein; and the yard and open space located on one lot shall not be used to meet yard or open space requirements for a structure on any other lot.
(d) Any building regulated by the current Building Code may be removed from a property only when a demolition permit has been obtained from the Building Official.
(2) Lots. All lots shall conform to the following, unless otherwise specified in this Code:
(a) Frontage. Front lot lines shall meet minimum width standards specified by the zoning district in which the lot is located. Every lot shall have frontage on a dedicated and improved street, unless the lot is part of a district which permits private streets.
(b) Combined lots. Where two or more lots are used as a building site with structure(s) that cross lot lines, the entire area shall be considered as one lot and shall be recorded with a new legal description that establishes the combined lots as one lot.
(c) Property monumentation. The Building Official may require any individual, firm or corporation applying for a building permit to improve a lot, to place monumentation to mark property corners to determine the necessary setbacks and building envelopes.
(d) Cul-de-sac or irregular shaped lots. Shall have a minimum lot width at the street frontage of 35 feet and meet the minimum lot requirements specified for the respective zoning district in this Code. If the side property lines are not parallel, the width of the lot shall be determined according to the definition for lot width specified in §§ 154-11-001 and 154-11-002.
(e) Substandard lots. Any lot originally platted in a legal manner according to existing development standards, yet does not meet the current dimension or area standards defined for the zone or district in which it is located, shall be considered a legal lot.
(f) Flag lots. The maximum depth of the pole section of a flag lot shall be 150 feet. The minimum width of the pole section of a flag lot shall be as follows:
1. 24 feet for pole sections having, at the location of the highest cross slope, a cross slope of less than or equal to 5%;
2. 30 feet for pole sections having, at the location of the highest cross slope, a cross slope of more than 5% and less than or equal to 10%; and
3. 35 feet for pole sections having, at the location of the highest cross slope, a cross slope of more than 10%.
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(3) Yards. Standards for lot and building areas are established in the Tables of Development Standards found in §§ 154-02-004
, 154-02-005, 154-02-006, and as otherwise specified in this Code and the current Building Code, according to the following:
(a) All yards:
1. Cornices, eaves, coolers, central air conditioning systems, or open balconies may project not more than five feet into any minimum setback provided the projection is no closer than two feet from a property line.
2. Sills, leaders, belt courses, similar ornamentation, and chimneys may project not more than three feet into any minimum yard or court.
(b) Side yards:
1. When a lot side borders on an alley, the alley side yard may be reduced to not less than 50% of the side yard required for an interior lot in the district, provided such yard plus half the alley width is not less than the yard width required for the district.
2. On legal substandard width lots for the district in which it is located, the side setbacks, except on the street or alley side, may be reduced two inches for each foot that the lot width is short of the required minimum width for such district, but in no case may such side yard be reduced to a width of less than 75% of such required minimum.
(c) Front and rear yards:
1. On legal substandard depth lots for the district in which it is located, the front or rear setbacks, except on the street or alley side, may be reduced three inches for each foot that the lot depth is short of the required minimum depth for such district, but in no case may such front and rear yards be reduced to an area of less than 75% of such required minimum.
2. Front yard projections:
a. A bay window, oriel, entrance or vestibule, which is not more than ten feet in width, may project not more than three feet into any minimum front yard.
b. An attached open porch, carport or balcony may project not more than six feet into any minimum front yard.
3. Rear yard projections:
a. A bay window, oriel, entrance or vestibule, which is not more than ten feet in width, may project not more than three feet into any minimum rear yard.
b. An attached open porch, carport, or balcony may project not more than ten feet into any minimum rear yard, provided no such projection is less than ten feet from a common rear property line.
(4) Access standards. Access to all roads within the town shall accommodate a safe and efficient flow of traffic according to the following:
(a) Single family residential uses shall take direct access only to a residential street from the designated lot front. Access to a collector or arterial street may be used if no other access options are available, provided that both ingress and egress are accomplished with the vehicle moving in a forward direction.
(b) All multi-family development shall take direct access to a collector or arterial street.
(c) All nonresidential uses shall take primary access to a collector or arterial street according to the following:
1. Nonresidential uses permitted in a residential zoned area may take direct access only after obtaining a conditional use permit; and the applicant for such a permit shall submit average daily traffic count projections, hours of operation for facility, and a site plan showing parking area, spaces and ingress and egress to parking area.
2. The Public Works Director may require off-site street improvements necessary to safely accommodate increased traffic to the site, and these improvements shall be in accordance with the "Street Design Standards of the Town of Payson", as adopted, §§ 154-07-001 through 154-07-005, and as otherwise specified in this Code.
(d) Driveway entrances shall be designed in accordance with town design requirements to provide adequate street access as specified in §§ 154-07-001 through 154-07-005 and elsewhere in this Code for each lot, and according to the following:
1. Commercial and industrial use. Minimum driveway entrance width shall be no less than 16 feet for one-way traffic, and no greater than 40 feet; and shall be at least 24 feet wide for two-way traffic isles.
2. Residential use, arterials. Minimum driveway entrance width shall be no less than 16 feet and no greater than 30 feet.
3. Residential use, collectors, and local streets. Minimum driveway entrance width shall be no less than 12 feet and no greater than 30 feet.
(5) Hillside development. Repealed by Ordinance 532, see §§ 154-07-002 and 154-09-010(E)(6).
(6) Accessory uses.
(a) Accessory buildings, structures and uses shall be permitted in all districts, provided each is incidental and subordinate to the primary use, and:
1. A primary permitted structure must be established either prior to or simultaneously with the issuance of a building permit for an accessory use.
2. No use that is to be carried on in an accessory structure shall violate the permitted uses in that district.
(b) The following apply to structures exempt from the current Building Code:
1. Enclosed accessory structures shall be located in the side or rear yard of the property, and no closer than three feet from any property boundary.
2. Accessory structures such as carports, pergolas, gazebos and other similar structures with two or more open sides are:
(i) Not subject to 'minimum space between buildings' standards:
(ii) Allowed in side or rear yards, no closer than three feet from any property boundary; and
(iii) Allowed to be constructed in front yards subject to established district setbacks; however, not more than one exempt open-sided structure shall be allowed in any front yard.
3. No accessory structure shall exceed a height of 15 feet, unless otherwise provided by this Code.
4. Three accessory structures shall be permitted if they comply with the maximum lot coverage standards for the lot, when these structures are combined in terms of area with other structures on the lot.
(c) Accessory structures exceeding 200square feet shall require a building permit.
(d) Authorization of a particular class of structure or use in a designated district specified in this Code is prohibited in all other districts unless specifically allowed in that district. A use that is not permitted in that district shall not be considered as an accessory use in that district. The determination of whether or not a use is authorized shall be made by the Zoning Administrator, with rights of appeal to the Board of Adjustments.
(7) Drainage improvements. Improvements to, or other uses of property shall not interfere with or obstruct the established drainage pattern over the lot from or to adjacent lots, and any modification of drainage on the lot, such as paving, piping or channelization shall not increase the runoff in such a manner as to cause flooding or flood related damage to adjacent lots or public facilities. Before any grading or excavation is undertaken by any owner/lessee upon any lot, the plan for such grading or excavation shall be consistent with the natural terrain of the site and shall be approved by the Public Works Department.
(8) Street design standards. All streets designed for use in the Town of Payson shall meet the street design standards specified in § 154-07-002(C), unless otherwise specified in this Code.
(9) Mobile storage units, railroad cars, tractor trailer units, and shipping containers.
(a) Construction/demolition. Mobile storage units may be used in all zoning districts in conjunction with and during the period of a valid building and/or demolition permit.
(b) Prohibited storage. No animals or toxic/hazardous materials (as determined by the Fire Marshal and/or the Building Official) may be stored in a mobile storage unit, railroad car, tractor trailer unit, or shipping container.
(c) District uses.
1. Industrial districts. Mobile storage units, railroad cars, tractor trailer units, and shipping containers may be used as accessory structures within industrial districts.
2. Commercial districts, multi-family districts and non-residential uses within single family residential districts. Mobile storage units may be used as accessory structures within commercial and residential districts that have commercial or multi-family uses established subject to the following:
a. Mobile storage units shall be limited to a maximum of 320 square feet on parcels less than one acre and a maximum of 640 square feet total on parcels one acre or larger.
b. Mobile storage units shall not be stacked nor placed:
i. Within three feet of any adjoining property line;
ii. Within a front or street side yard; nor
iii. Within required landscape areas, open space, or parking areas;
c. Mobile storage units shall be painted to match the primary structure’s exterior and/or complement the surroundings. Mobile storage units may not display markings or advertisements and shall be maintained free of rust, graffiti, and other visual nuisances.
d. Prior to the placement of a mobile storage unit, a permit shall be obtained from the Community Development Department.
e. Mobile storage unit permit shall be issued for a period not to exceed 12 months.
3. Single Family Residential Districts and single family uses within all districts. Mobile storage units are an allowed accessory use subject to the following:
a. Mobile storage units shall be limited to a maximum of 320 square feet on parcels less than one acre and a maximum of 640 square feet total on parcels one acre or larger.
b. Mobile storage units shall not be stacked nor placed:
i. Within three feet of any adjoining property line;
ii. Within a front or street side yard; nor
iii. Within required landscape areas, open space, or parking areas;
c. Mobile storage units shall be painted to match the residence’s exterior and/or complement the surroundings. Units may not display markings or advertisements and shall be maintained free of rust, graffiti, and other visual nuisances.
(d) Waivers.
1. A request for a waiver seeking relief from the provisions of division (c)2.a. above (square footage limitations) may be filed with Community Development Department. Such request shall be processed in the same manner as a request for a conditional use permit except that (1) a citizens participation plan and report is not required; and (2) the decision of the Planning and Zoning Commission shall be final and not subject to appeal.
2. A request for a waiver seeking relief from the provisions of division (c)2.e. above (12 month time limit) may be filed with the Zoning Administrator. The Zoning Administrator shall disapprove or approve with conditions such requests. In considering a request for such waiver the Zoning Administrator shall review the application based on the standards of review utilized for the evaluation of conditional use permits.
3. If a request for relief from both divisions (c)2.a. and (c)2.e. above is filed, such request shall be processed in accordance with division (d)1. above.
(B) General zoning provisions.
(1) Nonconforming uses. Legally existing nonconforming uses, structures, buildings and other improvements existing upon the real property subject to a nonconforming use may continue as provided below, unless the use creates a nuisance or otherwise violates any other law, rule or regulation.
(a) Continuing existing uses. Any use of land, building, structure, or improvement lawfully existing at the time this Code, or subsequent amendments, may be continued, even though such use does not conform to the provisions of this Code.
(b) Discontinuance or abandonment of nonconforming uses.
1. If a nonconforming use of land or structure is discontinued or abandoned for 12 consecutive months, any and all future uses shall conform to this Code. Intention to abandon a use may be evidenced by a change in that use, removal of equipment, materials, improvements, structures, or other indications that the use is no longer intended to continue on that property. Discontinuance of a nonconforming use may be evidenced by removal of equipment, materials, improvements or other indications that such nonconforming use is no longer being made of that property, and/or by a lack of use of the nonconforming use of the subject property for the 12 month period, whether or not any intention to abandon such use is present.
2. If a nonconforming use or structure is destroyed by fire, earthquake, flood, explosion, natural disaster, or act of public enemy, the nonconformance may be reconstructed and used as before if done within 12 months of the event date.
3. The Council may acquire, by purchase or condemnation, any nonconforming lot, structures, or signs, provided, the amount paid does not exceed the amount to which the owner would otherwise be entitled in a condemnation proceeding.
4. Any request for rezoning or variance by the property owner shall be grounds to require that existing nonconforming uses be brought into compliance with this Code.
(c) Notwithstanding division (b)2. above and normal maintenance, a nonconforming use of land or structure shall not be enlarged, extended, reconstructed or structurally altered, unless such enlargement, extension, expansion, reconstruction or structural alteration and further use of such property conforms with the provisions of this Code.
(2) Variances. A property owner, or his representative, shall receive a variance from the Board of Adjustment according to § 154-09-006, before using such lot to erect a structure, landscaping, or other use not in accordance with the provisions of this Code.
(3) Public nuisance. Uses, activities, conditions and structures in any district in the town that create a nuisance, as defined in §§ 154-11-001 and 154-11-002, shall be prohibited.
(4) Overlay districts. Overlay district regulations/allowances shall supersede requirements of the underlying zoning district only as specified in this Code or otherwise determined by development plans and agreements adopted by Council in concert with this Code.
(5) Special events. Special events, such as outdoor concerts, carnivals, arts and crafts fairs, swap meets and similar events shall be allowed according to the following:
(a) A temporary use permit in accordance with §§ 154-09-001 through 154-09-017 has been obtained for the event, and conditions of the permit met.
(b) Temporary parking requirements as determined by the Community Development Department, in consideration of projected volume of traffic, have been met.
(c) Environmental considerations, such as air quality (dust control), and sanitary requirements have been met.
(6) Adult book stores, adult retail establishments, adult theaters, other adult entertainment establishments, erotic dance or performance businesses shall be regulated as follows:
(a) None of the uses listed in this division (B)(6) may be located within 1,000 feet of the same type use or any of the other adult uses listed above. The distance shall be measured from the exterior walls of the building in which the business activities are conducted.
(b) None of the uses listed in this division (B)(6) shall be located within 1,000 feet of any preschool, kindergarten, elementary or secondary school, church, or any districts identified primarily for residential uses (R1, R2, R3, MHP, MH, and PAD). The distance shall be measured from the exterior walls of the building in which the business activities are conducted.
(c) Notwithstanding any other provision of this chapter, adult book or novelty stores, adult theaters, other adult live entertainment that features erotic materials, erotic dance or performance facilities, which is a nonconforming use, or which does not conform to the separation standards set forth in this section shall not be converted to another of the above-listed adult uses.
(7) Development impact fees shall be applied to all new subdivisions as prescribed according to methods and procedures determined by Council pursuant to state laws.
(Ord. 466, passed 2-22-96; Am. Res. 2707, passed 5-2-13; Am. Ord. 830, passed 5-2-13; Am. Ord. 867, passed 5-21-15; Am Res. 2878, passed 10-15-15; Am. Res. 2919, passed 6-2-16; Am. Ord. 881, passed 6-2-16; Am. Ord. 937, passed 11-18-21)