Chapter 17-3
ADMINISTRATION AND ENFORCEMENT
Sections:
17-3-1 Amendments to the zoning code or map.
17-3-2 Reviewing bodies.
17-3-3 Allowed use review.
17-3-4 Conditional use review.
17-3-5 Large scale master planned development (MPD).
17-3-6 Small scale master planned development (MPD).
17-3-7 Sign permit review.
17-3-8 Telecommunications.
17-3-9 Notice.
17-3-10 Termination of projects for inaction.
17-3-11 Penalties.
17-3-12 Licensing.
17-3-13 Appeals and reconsideration process.
17-3-14 Constitutional takings—Review and appeal.
17-3-15 Notice matrix.
17-3-1 Amendments to the zoning code or map.
Amendments to this title shall be made in the following manner:
A. Application. An applicant must file a written request for amendment with the community and economic development department. The city council, planning commission, or community and economic development department may initiate an amendment as provided below. An owner applicant shall pay the filing fee prescribed by resolution and shall file an application, which shall include, without limitation:
1. A list of the names and addresses (in label form) of all owners of all property for which the amendment is requested and for all property within three hundred feet of the boundaries of the area for which the amendment is requested;
2. The legal description of all property included; and
3. A written statement addressing the criteria required for approval pursuant to subsection E of this section.
B. Hearings Before Planning Commission. The planning commission shall hold a public hearing on all amendments to this title or to the zoning map. The community and economic development director shall cause a notice, including a description of the property for which the zoning amendment is requested, a brief explanation of the proposed zoning, and the date, place and time of the public hearing, to be prepared as provided in Section 17-3-9. The purpose of the notice is to reasonably inform surrounding property owners and jurisdictions of the application. No minor omission or defect in the notice or mailing shall be deemed to impair the validity of the proceedings to consider the application.
C. Action by Planning Commission. Following the public hearing, the planning commission shall adopt a written recommendation to the city council, advising the council to approve, disapprove, or modify the proposal. If the planning commission fails to take action within thirty days of the close of the public hearing, the city council shall consider the matter forwarded from the planning commission with a negative recommendation.
D. Hearing Before City Council. The city council must hold a public hearing on all proposed amendments to this title or zoning map forwarded from the planning commission. Notice of the public hearing shall be consistent with subsection B of this section.
E. Criteria/Required Findings. The city’s zoning is the result of a detailed and comprehensive appraisal of the city’s present and future land use allocation needs. In order to establish and maintain sound, stable, and desirable development within the city, rezoning of land is to be discouraged and allowed only under the limited circumstances herein described. Therefore, the planning commission may recommend, and the city council may grant, a rezoning application only if it determines, in written findings, that the proposed rezoning is consistent with the policies and goals of the general plan and that the applicant has demonstrated that the:
1. Proposed rezoning is necessary either to comply with the general plan proposed land use map or to provide land for a community need that was not anticipated at the time of adoption of the general plan;
2. Existing zoning was either the result of a clerical error or a mistake of fact, or that it failed to take into account the constraints on development created by the natural characteristics of the land, including but not limited to, steep slopes, flood plain, unstable soils, and inadequate drainage; or
3. Land or its surrounding environs has changed or is changing to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changed character of the area.
F. Temporary or Emergency Zoning. The city council may enact an ordinance, without a public hearing or planning commission recommendation, which establishes temporary zoning regulations for any part or all of the area within the municipality if the:
1. City council makes a written finding of compelling, countervailing public interest; or
2. The area is not zoned.
Temporary zoning regulations may prohibit or regulate the erection, construction, reconstruction, or alteration of any building or structure or any subdivision approval. The city council shall establish a period of limited effect for the ordinance, which period may not exceed six months. (Ord. 12-11-2001C § 2 (part), 2001)
17-3-2 Reviewing bodies.
The community and economic development department (CEDD), the board of adjustment (BOA), the planning commission (PC), and the city council (CC) each have the following primary authority to review applications for compliance with this title:
|
Type of Review |
CEDD |
BOA |
PC |
CC |
|
Administrative Lot Line Adjustment Appeal |
X |
X |
|
|
|
Allowed Use Appeal |
X |
X |
|
|
|
Business License |
X |
|
|
|
|
Conditional Use Appeal |
X |
|
X |
X |
|
Conditional Use-Administrative Appeal |
X |
|
X |
|
|
MPD Large Scale Appeal Small Scale Appeal |
X
X |
X |
X
X |
X
X |
|
Noncomplying Structure |
X |
X |
|
|
|
Plat Amendment |
X |
|
X |
X |
|
Subdivision/Condo |
X |
|
X |
X |
|
Title 17/Map Amendment |
X |
|
X |
X |
|
Variance |
|
X |
|
|
A. No building permit shall be valid for any structure unless the plans for the proposed structure have been submitted to and have been approved by the community and economic development department.
B. No new use shall be valid on any property unless the use is allowed in the zone or unless a conditional use permit has been properly issued for the use.
C. No subdivision map shall be recorded unless all conditions of subdivision approval have been satisfied or otherwise secured.
D. The community and economic development department initially reviews all complete applications requiring action by the planning commission and recommends approval or rejection to the planning commission, according to the type of application filed. The community and economic development department may process one application at a time per property or may process coordinated applications simultaneously.
E. The community and economic development department issues permits for allowed uses, administrative lot line adjustments, administrative conditional uses, and building permits and issues business licenses.
F. The planning commission reviews, and forwards a recommendation to the city council regarding, each application for subdivision approval, subdivision plat amendment, initial zoning, rezoning, condominium record of survey, master planned developments, and amendments to this title.
G. The board of adjustment hears all requests for variances, special exceptions, modifications of noncomplying structures and zoning appeals (except appeals relating to conditional use permits, administrative conditional use permits and MPDs).
H. No review shall occur until all applicable fees are paid. (Ord. 8/10/2004O-25 § 1(5) (part), 2004; Ord. 12-11-2001C § 2 (part), 2001)
17-3-3 Allowed use review.
A. Plan Review Process. The following process applies to all applications for new development.
B. Initial Contact. An applicant for new development shall contact the planning and zoning department to discuss the scope and purpose of the proposed development and the requirements of this code, including that the proposed development:
1. Is an allowed use within the zone;
2. Complies with all applicable development requirements of the zone, including building height, setback, front, side, and rear yards, and lot coverage;
3. Respects lot lines of a legally subdivided lot;
4. Complies with the parking requirements for the zone;
5. Conforms with applicable design guidelines, if any, for the zone;
6. Can adequately be serviced by roads, existing or proposed utility systems or lines; and
7. Pertains to land on which all tax assessments have been paid.
C. Preliminary Staff Review. The applicant shall provide planning and zoning staff with:
1. A statement of intended use;
2. Drawings in sufficient detail to allow staff to review the proposal for compliance with this code;
3. The tax identification number for the parcel; and
4. A vicinity map to orient the parcel to its surrounding infrastructure and a statement of intended use.
D. Development Review Committee. Staff shall schedule review of complete proposals before the development review committee. The applicant shall appear before the development review committee to address its concerns and to field input. A complete proposal shall include:
1. Project identification (project name, location, developer and developer’s address and contact information);
2. Concept drawings which shall be either eight and one-half inches by eleven inches or eleven inches by seventeen inches and shall include the following:
a. Location and height of existing and proposed structures within the proposed development and within two hundred feet of the proposed development;
b. Location of fire hydrants and street lights within two hundred fifty feet of the proposed development;
c. Property lines and dimensions indicating total site area, parking and driveway area, gross area of all buildings and structures, area of proposed landscaping indicated as a percentage of lot coverage by landscaping;
d. North arrow;
e. Proposed buildings, parking areas, drive-aisle widths, road or driveway lengths and landscaped areas. Indicate number and layout of proposed parking spaces;
f. Locations of access, curb cuts, gutters, sidewalks and proposed driveways as well as proposed circulation pattern;
g. Public improvements and dedications;
h. Location and design of proposed walls, landscaping and exterior lighting;
i. Phasing plan, if any; and
j. Description and hours of intended uses.
3. Payment of the development review committee fee set by fee resolution.
E. Site Plan Review. The applicant shall cause a professional architect or engineer to prepare nine copies of the site plan for site plan review based on development review committee input, and must file a complete application with all associated fees. The site plan drawings shall include:
1. General.
a. Dated drawings prepared on a twenty-two inch by thirty-four inch format;
b. Indicated scale shall be no less than one inch equals forty feet;
c. Name of project/development, address and developer’s name.
2. Dimensions, Orientation and Legal Description.
a. Parcel dimensions;
b. North arrow;
c. Indicate adjacent streets and properties. Provide street names;
d. Names of adjacent property owners;
e. Centerlines of adjacent roads;
f. Tax ID number and legal description of site;
g. Present and proposed ownership.
3. Numerical Data. Indicate the following:
a. Total site area;
b. Parking and driveway area;
c. Buildings and structures (indicate floors);
d. Landscaped area (indicate percentage of total site area to be landscaped);
e. Building area (by use);
f. Required parking; and
g. Proposed hours of operation.
4. Location and Height of Structures. Indicate the following:
a. Existing and proposed structures on-site and on adjacent properties within two hundred fifty feet; and
b. Setbacks for on-site and off-site structures.
5. Existing Improvements. Indicate the following:
a. All existing curbs, gutters, sidewalks and driveway approaches;
b. All existing sewer mains, water mains and fire hydrants within two hundred fifty feet of the property;
c. All road dedication information;
d. Important features such as railroads, water courses, etc. within two hundred fifty feet of the proposed development;
e. Existing street light locations.
6. Off-Street Parking and Loading. Provide location and layout of existing and proposed facilities.
7. Points of Vehicular Access.
a. Provide location and size of vehicular entrances and exits.
b. Indicate circulation patterns and relationship of proposed driveways and accesses to adjacent properties.
c. Indicate location of driveways for adjacent and/or facing properties.
8. Walls and Fences.
a. Indicate location and design of existing and proposed walls and fences.
b. Provide information describing height and proposed materials of construction.
9. Exterior Lighting. Indicate location and height of existing and proposed exterior lighting standards and/or fixtures.
10. Utility Information and Easements.
a. Indicate location and height of overhead power, communications or transmission lines, or buried utility lines within two hundred fifty feet of proposed development.
b. Provide existing and proposed utility easement information.
11. Landscaping. Indicate the following:
a. Location and dimension of all existing and proposed structures, property lines, easements, parking lots, driveways, roadways, sidewalks, signs, dumpsters and refuse areas, fences, recreation features, and any other property feature as determined by the city planner;
b. Location, size and common species name of all vegetation to be retained;
c. Location, size and common species name of all new plants including trees, shrubs, and flower bed areas;
d. Proposed grading of the site indicating contours at two-foot intervals (berming in one-foot intervals);
e. Elevation of proposed fences and retaining walls;
f. Irrigation system (separate irrigation plan may be required); and
g. Quantitative data indicating the following:
i. Total area and percentage of the site in landscaped area,
ii. Total area and percentage of the site in drought tolerant plant species,
iii. Number, species and caliper size of all trees to be retained on the site, and
iv. Number, species and caliper size of all new trees to be planted on the site.
12. Architectural and Engineering Data. Provide additional architectural or engineering data as appropriate to adequately communicate proposed project scope or intent in order to facilitate development review.
13. Building Elevations. Provide building elevations for new construction or exterior modifications of existing buildings. Denote all colors and building materials.
14. Grading and Drainage Plan.
a. Provide a grading and drainage plan, including existing and proposed topography within two hundred fifty feet of the proposed development;
b. Use two-foot contours unless ground slope is greater than five percent, in which instance five-foot contours are appropriate; and
c. Show proposed storm drainage system, including pipe sizes and slopes, catch basins, manholes, detention basins, etc. and proved drainage calculations.
15. Public Street Improvements.
a. Provide plan and profile drawings of proposed street construction, including curb/gutter, sidewalk, park strip, asphalt paving; and
b. Provide drawings showing proposed and existing utility lines, including pipe size and material, manholes, valves, inverts, pipe slopes and lengths, connections to existing utility lines and appurtenances.
16. Future Phases. Show proposed future phases including proposed street system.
F. Building Permit. Upon approval of the building and site plan drawings, and payment of all applicable fees, the building department shall issue a building permit to the applicant.
G. Inspections. City staff shall inspect the project during construction through its completion to verify conformance with approved plans.
H. Public Improvements. Each application for new development must include the applicant’s demonstration of its capacity to offer to bond for one hundred percent of the value of all required public improvements, to provide, to construct and to dedicate required public improvements. Required public improvements include but are not limited to:
1. Streets for internal circulation including sidewalk, curb and gutter according to Midvale Standard Construction Specifications and Drawings. The applicant shall install sidewalks consistent with the zone standards;
2. Off-site street improvements to mitigate demonstrated off-site impacts;
3. On and off-site sanitary and storm sewer lines, (including mains, manholes, lateral, clean-outs, and treatment capacity sufficient to satisfy peak demand of the subdivision (i.e., duty to serve letter)). Each lot shall be designed to hold its own stormwater on-site unless otherwise approved by the city engineer;
4. Water lines and wet water rights and availability (i.e., duty to serve letter);
5. Street signs required on all roads interior to the development as well as where a private road or street conflicts;
6. Fire hydrants; and
7. Street lighting consistent with the lighting standards for the zone.
I. Rejected Uses. If an application does not meet the criteria set forth above, the community and economic development department shall notify the applicant stating specifically which criteria have not been satisfied.
J. Disclaimer. No permit shall be valid if any of the criteria listed in this section has not been met. (Ord. 12-11-2001C § 2 (part), 2001)
17-3-4 Conditional use review.
There are certain uses that, because of unique characteristics or the potential for detrimental impacts, may not be compatible in some areas of a zone or may be compatible only if certain conditions are imposed. The community and economic development department will evaluate all conditional use permit applications. The department may issue administrative conditional use permits or may recommend to the planning commission certain conditions of approval to applications for conditional use permits. The community and economic development department, and the planning commission, shall review all applications for a conditional use permit according to the following procedure:
A. Development Review Committee. If determined necessary by the community and economic development department, an applicant shall attend a pre-application conference with the development review committee to discuss the proposed improvements associated with the conditional use or administrative conditional use and the conditions that the staff would recommend to mitigate proposed adverse impacts. This meeting will allow other city departments to provide comments on the application.
B. Application. An applicant must pay all appropriate fees and must file a complete application. The applicant shall submit all information required in Section 17-3-3(B) through (E), if applicable.
C. Notice/Posting. Upon receipt of a complete application, the community and economic development department shall provide reasonable notice as provided in Section 17-3-9. The planning commission shall conduct a public hearing on the conditional use permit application and shall either approve, deny, or modify and approve the application. The community and economic development department shall accept written public comment on an administrative conditional use permit application and shall either approve, deny or modify and approve the application.
D. Standards For Review. The city shall not issue a conditional use permit unless the community and economic development department, in the case of an administrative conditional use, or the planning commission, for all other conditional uses, concludes that the application complies with the standards of review specific to the zone in which the use is proposed.
E. Transferability. A conditional use permit runs with the land.
F. Expiration. Unless otherwise indicated, conditional use permits and administrative conditional use permits shall expire one year from the date of approval, unless the conditionally permitted use has commenced on the site. Prior to the expiration of the conditional use permit, the planning commission may grant two additional extensions of up to one year each if the applicant demonstrates that the extension would not result in an unmitigated impact.
G. Revocation. If the community and economic development department determines that the holder of a conditional use permit or an administrative conditional use permit is in violation of the terms or conditions upon which the permit was issued, the community and economic development department shall notice the permit holder and schedule a hearing before the planning commission at which the permit holder must show cause to the planning commission why the conditional use permit or administrative conditional use permit should not be revoked. If the planning commission determines that the terms or conditions of the permit have been violated, it shall cause the permit holder to specify how the holder will promptly comply with the terms and conditions of the permit, or it shall revoke the permit.
H. Appeals. Appeals must be pursuant to Section 17-3-13. (Ord. 7/11/2006O-10 § 1 (Exh. A) (part), 2006; Ord. 12-11-2001C § 2 (part), 2001)
17-3-5 Large scale master planned development (MPD).
Each large scale master planned development application shall be signed by all owners of record, shall be processed as a conditional use and shall satisfy all conditional use permit criteria outlined in the zone.
A. Large Scale MPD Application. Each large scale MPD application shall include the following information:
1. Map of Existing Site. A map of the existing site which shows:
a. Vicinity map (not less than one inch equals one hundred feet in scale);
b. Scale and north arrow;
c. Site boundaries and dimensions;
d. Topography, with contours no greater than five-foot intervals;
e. Vegetation, location and type;
f. Soil quality;
g. One-hundred-year flood plain and high water areas;
h. Existing structures and their current uses;
i. Existing roads and other improvements;
j. Location of public utilities and utility easements; and
k. Such other data as the city may require.
2. Proposed Site Plan. A plan showing the details of the proposed MPD at a scale no less than one inch equals one hundred feet (or one inch equals fifty feet) for sites less than five acres. The plan must contain sufficient detail to allow the city to evaluate the land planning, building design and other features of the proposed master planned development and must contain the following:
a. Scale and north arrow;
b. Proposed name of the development;
c. Topography with finished contours at no greater than five-foot intervals;
d. The location and size of all existing and proposed buildings, structures and improvements;
e. Natural and proposed vegetation and landscaping, streets, walkways, parking lots, recreational amenities, plazas, etc.;
f. Proposed open spaces with indication of their proposed use and ultimate ownership;
g. Proposed drainage system;
h. Proposed underground utility distribution and design (including transformers);
i. Proposed traffic circulation with anticipated average daily traffic volume and access to existing street system;
j. Sketch of architectural concepts of all new or remodeled buildings;
k. Dimensions and gross area of all structures, lots or parcels within the project area;
l. General landscape plan; and
m. General lighting plan.
3. Representations. The application shall include:
a. A statement of the present and contemplated ownership, with current and proposed tenants;
b. A legal description of the land, including all recorded and unrecorded real property interests in the land;
c. A proposed development schedule or phasing plan;
d. A mailing list of all property owners within three hundred feet of the MPD boundary; and
e. A statement of the development objectives, including proposed uses, parking requirements, height variances or density bonuses requested.
B. Development Agreement. In conjunction with the approval for any large scale MPD, the owner shall execute a development agreement, to the satisfaction of the city attorney and city council, in which the owner agrees to comply with the provisions of the conditional use permit for the master planned development and provides security, to the satisfaction of the city attorney and city council, for all on and off-site public improvements associated with the MPD. (Ord. 12-11-2001C § 2 (part), 2001)
17-3-6 Small scale master planned development (MPD).
Each small scale MPD shall be processed as a conditional use and shall satisfy all conditional use permit criteria outlined in the zone. (Ord. 12-11-2001C § 2 (part), 2001)
17-3-7 Sign permit review.
This code regulates to the maximum extent allowed by law.
A. Purpose. The purpose of this section is to provide minimum standards which are intended to safeguard property, public health, safety, and general welfare and to help establish a unique aesthetic character for the city through the establishment of guidelines governing the size, height, design, location, display period, and maintenance of signs. In order to help achieve this purpose, it is the goal of the general provisions as well as the specific provisions in each zone:
1. To encourage signs that help to visually organize the activities of the city, lend order and meaning to business identification, and make it easier for the public and delivery services to identify and locate their destinations;
2. To encourage a positive business atmosphere;
3. To implement the urban design goals and policies of the city established in Chapter 2 of the Midvale City General Plan;
4. To improve the visual quality of thoroughfares and eliminate visual clutter by limiting the types and display periods of temporary signs;
5. To minimize unnecessary distractions to motorists, protect pedestrians, and provide safe working conditions for those persons who are required to install, maintain, repair, or remove signs;
6. To eliminate the visual degradation imposed by billboards due to excessive height and copy areas through the city-wide prohibition of such signs; and
7. To assure that all signs, in terms of size, scale, height, and location, are compatible with adjacent land uses and with the size of development that they serve.
B. Scope.
1. It is not the intent of this section to regulate the message content of signs or to regulate signs that are not visible to the general public.
2. In interpreting the provisions contained in this section, such provisions shall be considered the minimum standards which are necessary to accomplish the purposes described above.
C. Exceptions. The following signs are not regulated by this code:
1. Signs of a governmental nature for the control of traffic and other regulatory purposes such as street signs, danger signs, railroad crossing signs and signs of public service companies indicating danger and aids to service or safety;
2. Signs which are associated with public and quasi-public organization functions which are clearly of a temporary nature;
3. Interior signs;
4. Flags, emblems, or insignias of any nation or political subdivision;
5. Signs not exceeding one square foot in area and bearing only property numbers, post box numbers or names of occupants of premises;
6. Legal notices, identification information, or directional signs erected by governmental bodies;
7. Commemorative plaques of recognized historical agencies, or identification emblems or symbols of religious orders; provided, that no such plaque, symbol or identification emblem exceeds three square feet in area, and such that the plaque, symbol or emblem be placed flat against a building; and
8. Existing signage which has been previously approved shall not be required to comply with this chapter insofar as the initial installation is concerned. All other requirements are in force.
D. Nonconforming Signs. A nonconforming sign shall not be reconstructed, raised, moved, placed, extended or enlarged unless said sign is changed so as to conform to all provisions of this chapter. Alterations shall not be interpreted to include changing the text or copy of off-premises advertising signs, theater signs, outdoor bulletin or other similar signs which are designed to accommodate changeable copy.
E. Abatement. Prohibited signs are Class C misdemeanors. The nonconforming sign provisions of this chapter shall not be applicable to prohibited signs.
F. Permits. Except as provided in this code, it is unlawful to display, erect, relocate, or alter any sign without first submitting a sign permit application to the planning and zoning department in writing and obtaining a sign permit. When a city sign permit has been issued, it is unlawful to change, modify, alter, or otherwise deviate from the terms or conditions of said permit without prior approval of the building official and the planning and zoning department. A written record of such approval shall be entered upon the original permit application and maintained in the files of said city official. The application for a sign permit shall be made by the owner or tenant of the property on which the sign is to be located, or his/her authorized agent, or a licensed sign contractor, and shall be accompanied by the following plans and other information:
1. The name, address and telephone number of the owner or persons entitled to possession of the sign or control of the same and of the sign contractor or erector;
2. The location by street address of the proposed sign structure;
3. A site plan and elevation drawings of the proposed sign, caption of the proposed sign and elevations of building facades if the application is for a wall sign. The site plan shall include the proposed location of the sign in relation to the face of the building or to the boundaries of the lot on which it is situated;
4. Plans indicating the scope and structural detail of the work to be done, including details of all connections, guy lines, supports and footings, and materials to be used, stamped by a professional engineer licensed in the state;
5. Application for, and required information for such application, an electrical permit for all electric signs if the person building the sign is to make the electrical connection; and
6. A statement of sign value as personal property.
G. Permit Tag. A permit tag issued by the Midvale City department of community and economic development must be affixed to each permanent sign in a manner that is visible from the sidewalk or nearest convenient location.
H. Completion. If the work authorized under a sign permit has not been completed within three months after date of issuance, said permit shall become null and void, and there shall be no refund of any fee required by this section. An extension of time may be granted at the sole discretion of the city upon a showing of good cause.
I. Maintenance. All signs and advertising structures shall be maintained in good condition. Signs relating to a product no longer available for purchase or to a business which has moved shall be removed or the advertising copy removed within thirty days of such unavailability, closure, or relocation unless said sign has been determined to be of special historic or artistic value as determined by the Midvale City planning commission.
J. Size. The following criteria apply to calculating sign size:
1. Lot Frontage. If more than one use or business occupies a lot, the lot frontage is to be used to calculate the sign sizes for a combined total of a ground or projecting sign, not for each use. The total may then be divided between the uses.
2. Flat or Wall Signs. There may be any number of flat or wall signs, provided their total does not exceed the maximum percentage of wall area coverage allowed.
K. Traffic Hazards. Signs or other advertising structures shall not be erected at the intersection of any streets or driveways in such manner as to obstruct free and clear vision; or at any location where by reason of the position, shape or color it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal device, or make use of words, phrases, symbols or characters in such manner as to interfere with, mislead or confuse vehicle operators.
1. At intersecting streets and within the clear view area, there shall be no signs allowed, unless a sign is less than three feet in height as measured from the average grade of the intersecting streets.
2. For signs over pedestrian ways, the clearance between the ground and the bottom of any projecting or ground sign shall not be less than eight feet.
3. For signs over driveways for vehicular traffic, the minimum clearance shall be fourteen feet.
4. For signs more than three feet in height and having less than an eight-foot clearance, the front setback shall be the same as for buildings in that zoning district. In no case shall the front setback be less than eighteen inches from the front property line as measured from the leading edge of the sign.
L. Signs over Public Property. No sign shall be located on publicly owned land or inside street rights-of-way except signs required and erected by permission of an authorized public agency. This restriction shall include, but not be limited to, handbills, posters, advertisements or notices that are fastened, placed, posted, painted, or attached in any way upon any curbstone, lamp post, telephone pole, electric light or power pole, hydrant, bridge, tree, rock, sidewalk or street. No projecting sign attached to a building shall project over public property more than four feet and in no case be closer than four feet to the curb line or edge of street, whichever is more restrictive.
M. Clearance and Setbacks. The following criteria apply to all signs:
1. Clear View. At intersecting streets, all signs shall be located outside of the clear view area.
2. Setbacks. Ground signs must be set back at least three feet from a public sidewalk or property line.
N. Exempt Sign Changes. The following changes do not require a sign permit:
1. The changing of the advertising copy or message of signs specifically designed for the use of replaceable copy;
2. Electrical maintenance, repainting, or cleaning maintenance of a sign;
3. The repair of a sign;
4. Real estate signs no larger than six square feet;
5. Campaign signs no larger than sixteen square feet; and
6. Name plate signs. (Ord. 5/1/2007O-5 § 1 (part), 2007: Ord. 11/23/2004O-34 § 1(1), 2004; Ord. 12-11-2001C § 2 (part), 2001)
17-3-8 Telecommunications.
All telecommunications regulations apply to both commercial and private low power radio services and facilities, such as cellular or PCS communications and paging systems.
A. Telecommunications Signs. Signs shall only be permitted if they are related to the health and safety of the general public. All proposed signs shall be submitted with the telecommunications facility application and are subject to review by the community and economic development department.
B. Removal. The building official is empowered to require an unmaintained or abandoned low-power radio services antenna to be removed from the building or premises when that antenna has not been repaired or put into use by the owner, the person having control, or the person receiving the benefit of the structure within thirty calendar days after notice is given to the owner, the person having control, or the person receiving the benefit of the structure.
C. Abandonment. The applicant, or applicant’s successor(s) and/or assign(s) shall be responsible for the removal of unused telecommunications facilities within twelve months of abandonment of use. If such tower is not removed by the property owner, then the city may employ all legal measures, including as necessary, obtaining authorization from a court of competent jurisdiction, to remove the tower, and after removal may place a lien on the subject property for all direct and indirect costs incurred in dismantling and disposal of the tower, including court costs and reasonable attorney fees. (Ord. 12-11-2001C § 2 (part), 2001)
17-3-9 Notice.
The city shall notice all public hearings that are required by this title.
A. Public Hearing Requirements. The community and economic development department shall provide reasonable notice of all public hearings, which notice shall contain a description of the property, with a brief explanation of the proposed use, and the date, place and time of the public hearing, which notice shall be:
1. Posted in at least three public places in the city, one of which shall include the subject property for annexation, rezone, and subdivision applications. All other applications shall be posted in at least two public places in the city;
2. Published in a newspaper of general circulation within the city at least fourteen days before the date of the planning commission hearing; and
3. Sent by first class mail to all record owners of subject property within three hundred feet of the subject property.
B. Notice to Nearby Entities. The community and economic development department shall provide notice by first class mail, at least seven days before the date of a “predevelopment activity,” as that term is defined in U.C.A. Section 10-9-103, to:
1. The county, if the county’s unincorporated territory is within one mile of the subject property; and
2. Each municipality within one mile of the property that is involved in the predevelopment activity.
C. Purpose of Notice. The purpose of the notice is to reasonably inform surrounding property owners and jurisdictions of an application for zoning, multi-family, commercial or industrial development or a proposed modification to the general plan. No minor omission or defect in the notice or mailing shall be deemed to impair the validity of the proceedings to consider the zoning application. If at or prior to the public hearing an omission or defect in the mailed notice is brought to the attention of the planning commission, it shall determine whether the omission or defect impairs or has impaired a surrounding property owner’s ability to participate in the public hearing, upon which finding it shall continue the hearing on the application for zoning for at least fourteen days. Any omission or defect in the mailed notice that is not brought to the commissions’ attention or that the commission finds did not impair a surrounding property owner’s ability to participate in the hearing shall not affect the validity of the zoning proceedings.
D. Effect of Notice. Proof that notice was given pursuant to subsection A of this section is prima facie evidence that notice was properly given. If notice given under authority of this section is not challenged as provided for under state law within thirty days from the date of the hearing for which the challenged notice was given, the notice was adequate and proper. (Ord. 12-11-2001C § 2 (part), 2001)
17-3-10 Termination of projects for inaction.
Applicants must move their projects either to approval or denial in a reasonably expeditious manner. Upon fourteen days’ written notice to the applicant, the city may formally deny an application, which remains inactive for six months. Delays occasioned by the city shall not constitute cause for terminating an application. An applicant may appeal the community and economic development director’s denial of a project for inaction to the planning commission in the same manner as any other appeal. The planning commission may reinstate subject to conditions, or may deny reinstatement. If reinstatement is denied, the application is formally denied. (Ord. 12-11-2001C § 2 (part), 2001)
17-3-11 Penalties.
Any person, firm, partnership, or corporation, and the principals or agents thereof, violating or causing the violation of this title, or a permit issued pursuant to this title, shall be guilty of a class C misdemeanor and punished upon conviction by a fine and/or imprisonment described in this code.
A. In addition, the city shall be entitled to bring a civil action to enjoin and/or abate the continuation of the violation.
B. Private citizens of the city or owners of property within the city may file an action to enjoin the continuation of a violation affecting their interests. (Ord. 12-11-2001C § 2 (part), 2001)
17-3-12 Licensing.
Licenses or permits issued in violation of this title, or based on fraudulent information, are null and void. (Ord. 12-11-2001C § 2 (part), 2001)
17-3-13 Appeals and reconsideration process.
The applicant, staff, or any other person with standing to challenge a decision administering or interpreting this title may appeal the decision as follows:
A. Zoning Code Interpretation and Administration. All city decisions which interpret or administer this title may be appealed to the board of adjustment within ten days of final action by filing notice of appeal with the community and economic development department, except that:
1. Administrative Conditional Use Permit. The planning commission shall hear appeals of any decision by the community and economic development director regarding an application for administrative conditional use permit. The appeal must be filed with the community and economic development department within ten days of final action.
2. Conditional Use Permit/Small Scale MPD. The city council shall hear appeals of planning commission decisions with respect to a conditional use permit or small scale MPD. The appeal must be filed with the city recorder within ten days of the planning commission’s final action.
B. Board of Adjustment. The district court hears appeals of decisions of the board of adjustment that are filed within thirty days of the final board decision.
C. Standing to Appeal. The following persons have standing to appeal a final action:
1. Any person who submitted written comment or testified on a proposal before the community and economic development department or planning commission;
2. The owner of any property within three hundred feet of the boundary of the subject site;
3. Any city official, board or commission having jurisdiction over the matter; and
4. The owner of the subject property.
D. Form of Appeals. Appeals must be filed with the community and economic development department and must be by letter or petition, with the name, address, and telephone number of the petitioner; his or her relationship to the project or subject property; and a comprehensive statement of the reasons for the appeal, including the specific provisions of law that are alleged to be violated by the action taken.
E. Written Findings Required. The appellate body shall direct staff to prepare detailed written:
1. Findings of fact, which explain the circumstances of the body’s decision; and
2. Conclusions of law in support of its decision.
F. Action on Appeals to a City Body. The city shall comply with the following standards for all appeals to a city body under this title:
1. The city, in consultation with the appellant, shall set a date for the appeal;
2. The city shall notify the owner of the appeal date;
3. The city body hearing the appeal shall consider the written appeal, final action and all other pertinent information from the appellant and the community and economic development department;
4. The city body hearing the appeal may affirm, reverse, or affirm in part and reverse in part any properly appealed decision or may remand the matter with directions for specific areas of review or clarification. Appellate review is limited to consideration of only those matters raised in the written appeal and the staff’s responses thereto, unless the body, by motion, enlarges the scope of the appeal to accept information on other matters; and
5. Staff shall prepare written findings for review and approval within thirty working days of the appellate decision.
G. City Council Call-Up. Within fifteen calendar days of final action on any project, the city council, on its own motion, may call up for review any final action taken by the planning commission. The city recorder shall give prompt notice of the call-up to the chairman of the planning commission together with the date set by the council for consideration of the merits of the matter. The recorder shall also provide notice as required by Section 17-3-9. In calling a matter up, the council may limit the scope of the hearing to certain issues.
H. Notice. Notice of all appeals or call-ups shall be given by:
1. Publishing the matter once at least seven days prior to the hearing in a newspaper having general circulation in the city; and
2. By mailing courtesy notice seven days prior to the hearing to all parties who requested mailed courtesy notice for the original action.
I. Stay of Approval Pending Review of Appeal. Upon call-up or appeal, any approval granted by the planning commission or staff will be suspended until the reviewing body has taken final action on the appeal.
J. Appeal From the City Council. The applicant or any person aggrieved by city action on the project may appeal from the final action of the board of adjustment or city council to a court of competent jurisdiction. The decision shall stand, and those affected by the decision may act in reliance on it, unless and until a court enters an interlocutory or final order modifying or suspending the decision.
K. Finality of Action. Final action occurs when the deciding body has adopted and executed written findings of fact and conclusions of law on the matter in question. (Ord. 8/10/2004O-25 § 1(5) (part), 2004; Ord. 12-11-2001C § 2 (part), 2001)
17-3-14 Constitutional takings—Review and appeal.
To promote the protection of private property rights and to prevent the physical taking or exaction of private property without just compensation, the city council and all commissions and boards shall adhere to the following before authorizing the seizure or exaction of property:
A. Takings Review Procedure. Prior to any proposed action to exact or seize property, the city attorney shall review the proposed action to determine if a constitutional taking requiring “just compensation” would occur. The city attorney shall review all such matters pursuant to the guidelines established in subsection B of this section. Upon identifying a possible constitutional taking, the city attorney shall, in a confidential, protected writing, inform the council, commission or board of the possible consequences of its action. This opinion shall be advisory only. No liability shall be attributed to the city for failure to follow the recommendation of the city attorney.
B. Takings Guidelines. The city attorney shall review whether the action constitutes a constitutional taking under the Fifth or Fourteenth Amendments to the Constitution of the United States, or under Article I, Section 22 of the Utah Constitution. The city attorney shall determine whether the proposed action bears an essential nexus to a legitimate governmental interest and whether the action is roughly proportionate and reasonably related to the legitimate governmental interest. The city attorney shall also determine whether the action deprives the private property owner of all reasonable use of the property. These guidelines are advisory only and shall not expand nor limit the scope of the city’s liability for a constitutional taking.
C. Appeal. Any owner of private property who believes that his/her property is proposed to be “taken” by an otherwise final action of the city may appeal the city’s decision to the takings appeal board within thirty days after the decision is made. The appeal must be filed in writing with the city recorder. The takings appeal board shall hear and approve and remand or reject the appeal within fourteen calendar days after the appeal is filed. The takings appeal board, with advice from the city attorney, shall review the appeal pursuant to the guidelines in subsection B of this section. The decision of the takings appeal board shall be in writing and a copy given to the appellant and to the city council, commission or board that took the initial action. The takings appeal board’s rejection of an appeal constitutes exhaustion of administrative remedies rendering the matter suitable for appeal to a court of competent jurisdiction.
D. Takings Appeal Board. There is created a three-member takings appeal board. The mayor shall appoint three current members of the board of adjustment to serve on the takings appeal board. If, at any time, three members of the board of adjustment cannot meet to satisfy the time requirements stated in subsection C of this section, the mayor shall appoint a member or sufficient members to fill the vacancies. (Ord. 12-11-2001C § 2 (part), 2001)
17-3-15 Notice matrix.
|
Action |
Notice |
Notice Type |
|
Conditional Use Review |
To owners within 300 ft., prior to the hearing before the planning commission. |
Mailing |
|
Zoning and Rezoning |
To owners of the property and owners within 300 ft. prior to each hearing before the planning commission and city council. |
Posted; published Mailing |
|
Zoning Ordinance Amendments |
Prior to each hearing before the planning commission and city council. |
Published |
|
General Plan Amendments |
Prior to each hearing before the planning commission and city council. |
Published |
|
Master Planned Developments |
To owners within 300 ft. prior to the hearing before the planning commission. |
Posted; mailing |
|
Appeals from Staff, Planning Commission and City Council Call-Up |
To all parties who received mailed notice for the original planning commission meeting prior to the date set for the appeal or call-up meeting. |
Mailing |
|
Variance Requests, Nonconforming Use Modifications and Appeals to Board of Adjustment |
To owners within 300 ft. prior to the hearing before the board of adjustment. To council prior to any final action. |
Posted; mailing |
|
Lot Line Adjustments: Between two lots without a plat amendment |
Need consent letters, as described on the CEDD Application form, from owners involved. If application is turned down, then applicant will be notified of right to appeal to planning commission and of right to file a formal plat amendment application. |
|
|
Preliminary and Final Subdivision Plat Applications |
To owners within 300 ft. prior to the hearing before the planning commission and city council. |
Posted; mailing |
|
Condominium Applications (Record of Survey Plats) |
To owners within 300 ft. prior to the hearing before the planning commission and city council. |
Posted; mailing |
|
Condominium Plats (Record of Survey) Amendments |
To owners within 300 ft. prior to the hearing before the city council. Notice shall include: A statement that anyone objecting to the proposed plat must file a written objection to change within ten days of the date of notice; A statement that if no objection is filed, no public hearing will be held; and The date, time and place of the public hearing if objections are filed. |
Posted; mailing |
|
Petition with consent of all owners in plat to vacate or change a plat |
|
Vacation: published; posted; mailing |
|
Petition without consent of all owners to vacate or change a plat; vacating or changing a plat without a petition when written objections are received. |
To owners within 300 ft. prior to the hearing before the city council. Notice shall include: A statement that anyone objecting to the proposed plat must file a written objection to change within ten days of the date of notice; A statement that if no objection is filed, no public hearing will be held; and The date, time and place of the public hearing if objections are filed. |
Posted; mailing Vacation: published; posted; mailing |
|
Termination of Projects |
Once to applicant 14 days prior to termination |
Mailing |
(Ord. 12-11-2001C § 2 (part), 2001)