Roads Ordinance

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Blue Explanation Point.png The Roads Ordinance has been re-formatted from the original for Internet accessibility, and may contain inadvertent errors and/or omissions. It is provided as a public convenience, for informational purposes only. Official Weber County Code Ordinances, in their original format, are available through the Office of the County Clerk/Auditor and at the County Library Branches.


Contents

General Provisions

1-1 Purpose

This title is designed and enacted for the purpose of promoting the safety and health of those persons using and traveling the Weber County rights-of-way and highways and for the purpose of protecting the highways and rights-of-way themselves within Weber County and for the purpose of preventing unauthorized and unnecessary crossings and excavations, and for the supervising of necessary crossings and excavations on said rights-of-way and highways and providing for the proper repair of right-of-way and highways where necessary crossings must be made.

1-2 Definitions

  1. "Weber County road right-of-way" is defined as any right-of-way owned by Weber County, whether as a result of a deed or other formal conveyance or as a result of long accustomed usage.
  2. "Weber County highways" shall be defined as all roads and highways and commonly used means of travel within Weber County which have been designated as County roads by the Board of County Commissioners of Weber County, or by the State Highway Commission, or by any dedication duly and properly recorded. Highways shall include both hard-surfaced and other surfaces upon which any state or county money may have been expended in behalf of the County and the citizens thereof. The highways and roads in this instance shall include the surfaced travel portions of the road, the shoulders, the barrow pits and any and all properties within the right of way of said road.
  3. The word "Person," shall refer to any individual or to a partnership, or to an association of persons, to religious orders or to corporations, and shall apply, in addition, to municipal corporations and to towns.
  4. A "utility" is defined as any ditch, pipe, wire, way or right-of-way owned by any person which crosses, goes along, over or under a county highway, road or right-of-way.


Excavations and Tunnels

2-1 Permit Needed

It shall be unlawful for any person to make or to cause to be made any excavation, trench, hole or digging in, or tunnel along or across any Weber County highway or road, or right-of-way, without first obtaining a permit so to do from Weber County.

2-2 Application for Permit

All applications for permits to dig, excavate, tunnel or trench in, along or across the county road rights of way or highways shall be made in writing and submitted to the Weber County Surveyor's office upon a form prepared by the Weber County Surveyor's office.

2-3 Contents of Application

Each application for a permit shall show the following:
  1. The name and address of the person desiring a permit. If the applicant is a co-partnership, the names and addresses of all the partners; and if a corporation, the names and addresses of the manager or person authorized to act for and in behalf of the corporation and to obligate it to the responsibilities set forth in this Title.
  2. The name and address of the person who will do the actual digging, tunneling, trenching or construction work and the name and address of the person who will do the backfilling, tampering, cement pouring and resurfacing.
  3. The date that the proposed work will be started and completed.
  4. Mechanical means or method by which the highway or roadway is to be trenched and backfilled.
  5. The exact location, with a complete description, of the place where the cut is to be made in or along or across the roadway or highway, with a brief sketch showing the designated.
  6. A signed agreement whereby the petitioner contracts with Weber County, and whereby his contractor, if he has one, also contracts, that they or he will:
    1. Notify the County Surveyor's Office when the work is to begin, who in turn will notify the County Road Supervisor, so that an inspection may be of the excavation site.
    2. First remove the road surface materials (paving surface and base gravel) and place to one side in a separate stock pile, these materials to be replaced after the excavation has been properly backfilled.
    3. All backfill materials shall be thoroughly compacted by mechanical tampers in one-foot layers to prevent future settlings. The complete backfilling to be done the same day as the digging or excavation as far as possible, and in all other events by the following day except where extensive time is granted by the County Surveyor's Office.
    4. Before beginning the excavation, proper safeguards by barricade and warning lights, where necessary, shall be placed by the applicant and/or his contractor, and these shall be maintained by the applicant and/or his contractor at all times while there is any possible danger or inconvenience to persons traveling the highway so as to prevent accidents during construction.
    5. Contracting and guaranteeing that Weber County and its employees and the Weber County Commissioners shall be free and harmless from any and all damages that may occur during the operation under the permit, and agreeing that the applicant and/or his contractor will assume full responsibility therefor before a permit is granted. The applicant and his contractor, if any, will present a bond to the County Surveyor's Office guaranteeing that the work will be done in accordance with this Ordinance. The County Surveyor, in his discretion, shall determine the amount and type of the bond that the particular applicant and his contractor shall furnish to guarantee the protection of the County and the commissioners, the safety of the traveling public, and the satisfactory completion of the work under this permit. No permit shall issue, and no work shall begin until such bond is properly made out and presented to the Weber County Surveyor and accepted by him.
    6. The applicant and his contractor will not begin construction until the Weber County Surveyor or a representative designated by him has appeared at the location of the proposed excavation and has authorized the work to proceed. Before beginning work the applicant or his contractor shall have a copy of the excavation permit with him at the excavation site.
    7. The applicant and his contractor shall agree that all digging and excavation will be made in strict accordance with the instructions of the Weber County Surveyor's Office, and that all excavations will be immediately backfilled and properly tamped to prevent settling. The gravel and hard-surfacing materials, or new gravel material, will be placed into the excavation last, forming a base for the new highway portion. On top of this will be laid a 4-inch concrete slab, going the entire width of the hard-surface portion of the highway, and far enough below the present surface of the highway so that hard-surfacing materials, conformable with that already on the hard-surface of the highway, can be placed immediately by the applicant or his contractor. Should the Weber County Surveyor determine at any time that the work is not progressing as rapidly as it should progress for the protection of the County way and the people of the County, then, after notice to the applicant or his contractor, the County Surveyor shall be authorized to employ another contractor to finish the job in a good, workmanlike manner, and any and all costs and expenses of this work shall be immediately paid by the applicant and his contractor to Weber County, or it may be taken from the bond, at the County Surveyor's option. Should the Weber County Surveyor at any time feel that the backfilling and hard-surfacing work is not being properly done, then after notice to the applicant and his contractor, he may contract with another contractor to properly do this work, and the applicant and his contractor will immediately pay to Weber County the amount which it has necessarily incurred as an expense.
    8. All work provided under this ordinance and under the permit must be completed within the time specified in the permit by the Surveyor, and in all events within thirty days from the issuance of the permit, unless an extension in writing is placed on the permit by the Weber County Surveyor's Office. In no case will work other than that described in and shown on the application for permit and on the permit be attempted or done by the applicant or his contractor.
    9. The applicant and his contractor will maintain and be responsible for the place of excavation for a period of one (1) year from the date of completion and will assume full responsibility for any injury caused to the County or to third persons as a result of a rise or settling in a portion of the roadway or highway which they have worked on. It will be the applicant's and his contractor's sole obligation to check this construction point to ascertain during the period of this year that the replacement work is properly holding up. Should the applicant, within said one year, receive notice from the County Road Department, the County Commissioners, of from the County Surveyor's Office that the road portion that they have reconstructed has settled or raised, they will immediately place necessary barricades to protect the traveling public, and will within one day's time repair the road at the point of construction, placing it back in a condition equal to its original condition.
Should the applicant or the contractor fail to do this within one (1) day, the County Surveyor shall have the authority, without further notice, to employ a third-party contractor to repair the work, or Weber County may do so with its own work crews, and the applicant and his contractor will immediately pay to the County the amount necessarily expended by it in the reconstruction of this portion of the road. The bond of the applicant will be retained during this one (1) year period to guarantee the proper backfilling and proper maintenance and/or reconstruction of the road.

2-4 Rules and Regulations

The Weber County Surveyor is hereby given the authority to prepare the necessary excavation application forms and the forms for the permit. He is further given the authority to add such additional rules and regulations for the obtaining of the permits and for the excavation and backfilling and reconstruction of the roadways as he feels are necessary and proper. These rules and regulations, when adopted by him, shall be attached in copy form to the Ordinance, and shall be a part thereof, until further change therein is made by the Board of County Commissioners or the Weber County Surveyor. Any rules and regulations passed in this regard by the Weber County Surveyor shall take the force and effect of ordinance, and any applicant or permitted shall be bound by these rules and regulations.

2-5 Denial of Applications

The Weber County Surveyor is hereby given the authority to deny the application of any person or contractor for the permission to excavate along or across or to tunnel under the roads, rights of way or highways in Weber County in all instances where he feels that it would not be in the best interest of Weber County and the highways thereof if such excavation is made, and in all instances where the applicant or the contractor has at any prior time failed and refused to comply with this ordinance or with the rules and regulations placed in effect by the Weber County Surveyor. In this case, the Weber County Surveyor shall write his reasons for refusal on the application. Should the applicant desire, he may appeal this matter to the Board of County Commissioners at any regular meeting where the Weber County Surveyor and the Weber County Attorney have been notified of the proposed appeal beforehand. The Board of County Commissioners in these instances shall have the right to either uphold the Surveyor' s decision not to grant the application, or they may grant the application, or they may grant the application with such limitations as they feel to be necessary and proper.

2-6 Civil Liability

The applicant and his contractor, by signing the application, agree to assume any and all civil liability which may arise as a result of their barricades, their work in construction, digging or tunneling, and their work in backfilling, resurfacing and in maintaining the worked-on portions of the highway for the period of one year after the date of completion. No permit shall be issued to a person or contractor who is not financially responsible in the opinion of the County Surveyor, or who is unable to furnish the proper and necessary bond to cover the cost of construction, replacement and maintenance, and also the cost of any liability which might occur as a result of these works. If the applicant or his contractor are not individually financially responsible, then necessary corporate bonds must be furnished to protect the County and the citizens thereof from any damage that may occur to them.

2-7 Enforcement

The Weber County Surveyor, the Weber County Sheriff, the Weber County Road Department and the Weber County Attorney's office are each authorized collectively or individually to take any and all action such as is necessary to insure and to enforce compliance with the terms of this ordinance.

2-8 Penalty for Failure to Obtain Permit

If any person, either by himself, his agents, his employees or his contractor shall barricade a County road or roadway or highway, or shall begin to construct or do any digging, ditching, excavation, trenching or tunneling in, along or across a County roadway or highway without having in his possession a valid permit from the Weber County Surveyor's Office, as in this ordinance provided, he shall be guilty of a Class B misdemeanor, and upon conviction shall be punished as provided by the laws of the State of Utah for Class B misdemeanors. (Ord. #4-87, Jan. 5, 1987)
Each day that an excavation ditch, trench, digging or tunnel along, in or across a county road or highway shall continue without the necessary permit having been issued, either by the Weber County Surveyor or by the Board of County Commissioners, shall be considered as an additional misdemeanor and may be punished as such.


Utilities

3-1 Responsibilities of Utilities

Any person owning, managing, or operating a utility within, under, along, over or across a county road, highway or right of way, shall hereinafter have full responsibility for the repair, replacement or relocation of the utility where the utility is damaged or a relocation is needed as a result of a rebuilding, reconstruction or realignment of a county road or highway. Within five (5) days after notice from the County, the person owning, managing or operating such utility shall make all the necessary repairs and relocations at his own expense. If the person fails so to do the county may have the work done and the person shall be obligated to pay for it.


Trees on County Roads

4-1 Location of Trees

It shall be unlawful for any person, persons, or corporation to plant, place keep or maintain any tree or trees upon or along any public highway, road, street, avenue, lane, alley or trail in Weber County, except along regular lines herein designated:
  1. On eight-rod Streets.
  2. On highways, eight rods, or one hundred and thirty-two feet, in width, said tree or trees to be centered on a line parallel with and fifty-one feet from the center of such highway,
  3. On six-rod Streets.
  4. On highways, six-rods, or ninety-nine feet, in width, said trees to be centered on a line parallel with and forty-one feet from the center of such highway.
  5. On five-rod Streets.
  6. On highways, five-rods, or eighty-two and one-half feet, in width, said trees to be centered on a line parallel with and thirty-three and one-half feet from the center of such highway.
  7. On four-rod Streets.
  8. On highways four-rods, or sixty-six feet, in width, said trees to be centered on a line parallel with and twenty-six feet from the center of such highway.
  9. None on Lanes, etc.
  10. On all lanes, alleys and trails less than four rods in width, said trees to be centered not less than one foot more than half the surveyed and platted width of such lane, etc., from the center thereof.
  11. Tree Space.
  12. The line on which said trees are to be centered is herein further described as being one foot within the curb line of a space designated on each side of eight, six, five and four-rod public highways, in Weber County, for sidewalk purposes.

4-2 Non-Conforming Location an Obstruction

It is hereby made the duty of supervisors of road districts to treat as obstructions to public highways all trees hereafter planted or placed in violation of the terms of this ordinance.

4-3 Bounty Authorized

Where any owner or occupant of land adjoining any public highway may remove trees heretofore planted on the side thereof under any regulations made by the Board of County Commissioners, and shall plant trees along the lines designated in Section of this ordinance, the Board of County Commissioners, and shall plant trees along the lines designated in Section 1 of this ordinance, the Board of County Commissioners may pay to the persons planting and cultivating the same, for each and every living tree thus planted, at the age of four years, a sum not exceeding twenty-five cents.

4-4 Penalty

Any person, firm or Corporation who shall violate any of the provisions of this ordinance shall be guilty of a Class B misdemeanor, and upon conviction shall be punished as provided by the laws of the State of Utah for Class B misdemeanors. (Ord. #4-87, Jan. 5, 1987)


Sidewalks, Curb and Fence Lines

5-1 Location of Curb Lines, Fence Lines, Tree Space

That portion of the public highways, roads, streets, avenues and lanes in Weber County outside of the line herein designated on either side of the center of said highways, as the curb line and inside of the line designated as the fence line is hereby defined and set apart as sidewalk, under the specifications herein set forth and as may be further provided by law. The said curb line shall be a line on either side of the center of such highways, etc., distant from the center thereof fifty feet on eight-rod highways, forty-five feet on seven-rod highways, forty feet on six-rod highways, thirty-two and one half feet on five-rod highways, twenty-five feet on four-rod highways, and twelve and one half on two-rod lanes. The said fence line shall be along the outside of said highway, measuring width thereof. The width of said sidewalks, outside of the curb line and inside of the fence line, is specified as follows:
On eight-rod highways, sixteen feet; on seven-rod highways, twelve and three-quarter feet; on six-rod highways, nine and one-half feet; on five-rod highways, eight and three-quarter feet; on four-rod highways, eight feet; and on two-rod lanes, four feet. On highways four-rods and more in width there is hereby designated as tree space a strip of the sidewalk two feet in width running parallel with and adjacent to the curb line, in the center of which trees may be planted, or such other use thereof be made as may be provided by law.

5-2 Encroaching on Width

It shall be unlawful to extend or construct any sidewalk so as to encroach upon any highway nearer to the center thereof than the curb line herein designated, or to encroach upon any sidewalk with any building, fence, wall, or post, nearer than the fence line, or so as to make the sidewalks narrower than the widths herein designated.

5-3 Grade To Be Observed

It shall be unlawful to lay, build or construct any sidewalk upon any public highway, road, street, avenue or lane, in Weber County where the grade of the highway, road, street, avenue or lane has been fixed by order of the Board of County Commissioners, except in accordance with such grade, or to lay, build or construct any permanent pavement or sidewalk except upon specifications furnished by the County Surveyor in accordance with such fixed grade; and it is hereby made the duty of the County Surveyor to keep as a record in his office plats or maps showing the grades as fixed, for reference, and for furnishing specifications therefrom, the fee provided by law to be charged for such specifications and to be paid into the County Treasury.

5-4 Fence Line Survey Free

It is hereby provided that where the owner, agent for, or occupier of land abutting on public highways, roads, streets, avenues or lanes, desires to have located the curb line or the fence lines, or both, for the purpose of using, constructing or repairing sidewalks as provided by law, or for erecting fences or building along the same, but outside of the full width of such highways, roads, streets, avenues or lanes, the said owner, agent, or occupier, upon application made to and granted by the Board of County Commissioners, may have said lines located by the County Surveyor free of charge, provided said owner, agent or occupier does not encroach upon the highway, etc.

5-5 Plats by Surveyor

It is hereby made the duty of the County Surveyor to make, surveys, and prepare plats and profiles, when so required by the Board of County Commissioners, of all public highways, roads, streets, avenues or lanes, in Weber County, with a view to having the grades thereof fixed by order of the Board of County Commissioners and a record thereof made and kept in the County Surveyor's Office.

5-6 Platforms, Flumes, etc. at Grade

It shall be unlawful for any person, firm or corporation, or agent or employee thereof, to construct, place, keep or maintain upon or across any sidewalk in Weber County any porch, platform, or other obstruction, except at or below the grade thereof, and when any such flume, pipe, or other obstruction is below the grade it shall be covered to grade, and such platform, porch, flume, pipe, or other obstruction, shall be kept in good repair by the party in whose interest it is constructed or used, so as not to be dangerous to pedestrians or an obstruction to the safe and ordinary use of the sidewalk.

5-7 Sidewalk To Be Clear

It shall be unlawful to construct, place, keep or maintain upon or across any sidewalk in Weber County any open ditch, flume, conduit or waterway, or any headgate, log, building material, vehicle, railway without suitable crossing for pedestrians, or other obstruction, provided that building material, vehicles, etc., may be placed temporarily in such manner on public highways as not to impede, endanger or obstruct ordinary traffic, but no such building material, vehicles, etc., shall be permitted to remain on such highway contrary to instruction from the County Commissioners; and it shall be unlawful to pile any dirt, earth, stone or material, or make any cut, excavation or fill, on any sidewalk so as to interfere with the ordinary use thereof, or vary from the grade of such sidewalk where the same has been fixed by the Board of County Commissioners.

5-8 Teams, etc. on Sidewalk

It shall be unlawful to drive or place any wagon, buggy, carriage, team, horses, cows, mules, or other vehicle, or other animal, upon or along any sidewalk, except in crossing such sidewalk to or from abutting property or to permit the same to remain on or across any sidewalk in a way to impede or obstruct the ordinary use thereof. It is hereby made the duty of supervisors of road districts to treat as obstructions to public highways all encroachment declared by the terms of this ordinance to be unlawful.

5-10 Penalty

Any person, firm or Corporation who shall violate any of the provisions of this ordinance shall be guilty of a Class B misdemeanor, and upon conviction shall be punished as provided by the laws of the State of Utah for Class B misdemeanors. (Ord. #4-87, Jan. 5, 1987)


Poles, Posts and Fences

6-1 Location of Poles

It shall be unlawful for any person, persons or corporation to set, place, keep or maintain any pole, post, fence, or like obstruction, upon or along any public highway, road, street, avenue, lane, alley, trail, or sidewalk, in Weber County, except as herein designated.
Telephone and telegraph poles shall be set with the face of the pole nearest the center of the street along a line known as the curb line, which line is located as follows: On eight-rod highways, fifty feet from the center thereof; on seven-rod highway, forty-five feet form the center thereof; on six-rod highways, forty feet from the center thereof; on five-rod highways, thirty-two and one half feet from the center thereof; on four-rod highways, twenty-five feet from the center thereof; and a space of two feet outside of the curb line, on the side thereof farthest from the center of the street is hereby designated as tree space, in the center of which trees may be planted.
Electric light or other poles for carrying electric current for commercial purposes (except telephone, telegraph of railway poles) shall be set in the same manner as telephone and telegraph poles along the said curb line, and also upon order of the Board of County Commissioners, may be set centering along a line four feet nearer the center of the street than the said curb line, provided that when the said electric light poles are used also for carrying wires for electric railway purposes, they may be set three and one half feet from the rail nearest the center of the street on a single track main line on four-rod highways, and on all highways more than four-rods wide they may be set three and one half feet from the rail farthest from the center of the street on a single track main line.
Railway poles, for carrying wires for electric railway purposes, shall be set either on the curb line as for telephone poles, or upon permission thereof obtained from the Board of County Commissioners, three and one half feet from the rail nearest the center of the street on a single track main on four-rod highways, and three and one half feet from the rail farthest from the center of the street on a single track main line on all highways more than four rods wide. No telephone, telegraph, electric light, railway or other pole for carrying wire to convey electric current shall be set on any public highway in Weber County without permission on a grant of right-of-way therefore being first obtained from the Board of Commissioners.
Hitching posts and posts for carrying or holding mail boxes shall be set either in the tree space hereinbefore named, or centering along a line four feet nearer the center of the street than the curb line hereinbefore designated provided that on two-rod lanes the said posts shall be set eleven feet from the center of the lane, and the curb line on two-rod lanes is hereby located twelve and one half feet from the center of said lanes.
Fence posts may be set along the fence line, which is hereby designated as distant from the center of any highway, lane, etc., not less than half the surveyed and platted width of said highway lane, etc., no public highway, road or street in Weber County being regarded as surveyed and platted less than four-rods, or sixty-six feet in width, and it shall be unlawful to place or maintain any fence or building the face of which is nearer the center of any highway, lane, etc., than the line herein designated as the fence line.

6-2 Poles, Posts, etc. on Outer Line

It shall be unlawful to set, place or maintain any telephone, telegraph, electric light or current, or railway pole, or tree, or hitching, mail sign or other post (except fence), which is set upon property abutting on any public highway, lane, etc., than centering at a point one foot more than half the surveyed and platted width of said highway, lane, etc., from said center; and it shall be unlawful to set or maintain any hitching, sign or other post on any alley or trail less than two-rods in width, or within one-half foot outside of the outer limit thereof.

6-3 Obstructions To Be Moved

It is hereby made the duty of supervisors of road districts to treat as obstructions to public highways all poles, posts, fences, etc., set or placed in violation of the terms of this ordinance.

6-4 Penalty

Any person, firm or Corporation who shall violate any of the provisions of this ordinance shall be guilty of a Class B misdemeanor, and upon conviction shall be punished as provided by the laws of the State of Utah for Class B misdemeanors. (Ord. #4-87, Jan. 5, 1987)


Vehicle Damaging Roads

7-1 Prohibition of Road Damaging Vehicles

It shall be unlawful for any person to drive, operate or move any vehicle upon or across any of the oiled or "black top" roads within Weber County, outside of any incorporated city therein, if such vehicle has on the periphery of any of road wheels, any lug, flange, cleat, ridge, bolt, or any projection of metal or wood which projects radially beyond the tread or traffic surface of the tire, unless the road is protected by putting down solid planks or other suitable material, or by attachments to the wheels so as to prevent such vehicles from damaging the road, except that this prohibition shall not apply to tractors or tractor engines equipped with what is known as caterpillar treads, when such caterpillar does not contain any projection of any kind likely to injure the surface of the roads; provided further that it shall be permissible to use tire chains of reasonable proportions upon any vehicle when required for safety because of snow, ice or other conditions tending to cause a vehicle to slide or skid.

7-2 Road Repairs - Liability

All injuries to oiled and "black top" roads within Weber County outside of any incorporated city shall be immediately repaired at the expense of the person, company or corporation responsible ;f or such injury; said repairs to be made under the supervision and to the satisfaction of the Board of County Commissioners.

7-3 Penalty

Any person, firm or Corporation who shall violate any of the provisions of this ordinance shall be guilty of a Class B misdemeanor, and upon conviction shall be punished as provided by the laws of the State of Utah for Class B misdemeanors. (Ord. #4-87, Jan. 5, 1987)


Adoption of Official Street Map

8-1 Official Map Showing New streets or Alteration in the Present Streets

The County Commission may from time to time adopt, pursuant to the law, an official map of the whole or any part or parts of Weber County theretofore existing and established by law as public streets. Such official map may also show the location of the lines of streets on plats of subdivisions which shall have been approved by the Planning Commission. The County Commission may make, from time to time, other additions to or modifications of the official map by placing thereon the lines of proposed new streets or street extensions, widenings, narrowings, or vacations which have been accurately surveyed and definitely located; provided, however, that before taking any such action the Commission shall hold a public hearing hereon and provided, further, that such proposed addition to or modification of the official map shall be submitted to the Planning Commission for its approval, and in the event of such Commissions disapproval, such addition or modification shall require the favorable vote of not less than a majority of the entire membership of the Council. The placing of any street or street lines upon the official map shall not in and of itself constitute or be deemed to constitute the opening or establishment of any street or the taking or acceptance of any land for land for street purposes. Upon adoption of the ordinance creating the official map or making any amendments therein, the Commission shall direct that said Ordinance be recorded in the office of the County Recorder.

8-2 No Building Permits for Buildings or Structures within Mapped Street Lines or Boundaries

No building permit shall be issued for any building or structure or part thereof on any land located between the mapped lines of any street as shown on any official map adopted by ordinance by the Weber County Commission and no building permit shall be issued for any building or structure or part thereof on any land bordering a street for which an official map has been adopted unless the depth of the front and side yard for such building or structure as required by the zoning Ordinance is measured from the mapped lines of said street as shown on the official map.

8-3 Appeals To Board of Adjustment

  1. Any owner of land within or bordering a street for which an official map has been adopted and for which a building permit has been refused by the Building Inspector, may appeal to the Board of Adjustment.
  2. The Board of Adjustment shall have the power to authorize the grant of a permit for a building or structure or part thereof within or adjoining any mapped street location upon finding that:
    1. That the property of the appellant of which such mapped street location forms a part which will not yield a reasonable return to the owner unless such permit be granted; or
    2. That balancing of interest of the municipality in preserving the interest of the owner in the use and benefits of the property, the grant of such permit is required by a consideration of justice and equity.
    3. Before taking any action, the Board of Adjustment shall hold a public hearing thereon.
    4. In the event that the Board of Adjustment decides to authorize a building permit, it shall have the power to specify the exact location, yard and ground area, height and other details and conditions of extent and character as it may determine, and also the duration of the building, structure or part thereof to be permitted. (Ord. #7-74, Aug. 20, 1974)


Winter Snow Removal

9-1 Snow Removal from County Road Travelways

It is the responsibility of the County through its Road Department to remove snow from the travelways on County roads. The snow shall be pushed off the travelways and in to the roadside drainage ditch channels or borrow areas in rural areas and toward the curb gutter and onto the parking strip as far as possible in urban areas. The snow is removed in accordance with an operation plan prepared by the County Road Superintendent with priority being given to public facilities, major private development with heavy user access and higher intensity residential and commercial areas.

9-2 Snow Removal from Sidewalks and Private Driveways

It is the responsibility of the abutting property owner/resident to remove the snow from sidewalks and private driveway openings onto County roads. For reasons of public safety and convenience, sidewalks shall be cleared of snow within 24 hours of the end of a snow storm.
In clearing driveway openings, snow shall be placed on the same side of the street as the driveway opening and of f the travelway so as not to restrict traffic movement or create a hazardous condition.
Snow from the length of private driveways shall not be pushed onto the County road travelway but must remain on private property or on the parking strip or within the barrow area of the County road so as not to impede the travelway traffic movement. Snow shall not be pushed across- the County road and deposited on the road side opposite the driveway.
Snow shall not be pushed onto or dumped within the County road travelway with the expectation that it will be removed or pushed aside by County snow plows as roads are cleared.

9-3 Vehicle Parking on County Roads During and After Snow Storm

In order to adequately remove snow and to avoid property damage as far as possible, it is necessary to keep the County roads clear of all parked vehicles and other obstacles stationed on or adjacent to the travelway. Therefore, when snow removal becomes necessary, no person who owns or has possession, custody, or control of any vehicle or other object shall park or place such vehicle or object upon or immediately adjacent to any street travelway between 4 a.m. and 12 noon of any day, except authorized emergency service personnel. Any such vehicle or object so parked or placed, is declared a public nuisance. (Ord. #99-32, Dec. 30, 1999)

9-4 Removal of Public Nuisance Vehicles

The Weber County Sheriff is hereby authorized to abate any public nuisance vehicle or object by moving, removing, or causing to be removed or by impounding said vehicle or object. For every vehicle so impounded a written report shall be forwarded to the Weber County Sheriff's Office, with a description of the vehicle, date, time, and place of removal, the reason for the removal, and location where vehicle is stored.

9-5 Violators to be Cited

Persons who violate, cause, or permit the violating of any of the rules and regulations outlined herein shall be deemed to have caused a traffic condition considered hazardous to the life and safety of the residents of Weber County and shall be guilty of a misdemeanor and shall be punished as provided by law. Such persons shall be deemed to be guilty of a separate offense for each and every day of violation after being cited.
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