Development Review Committee Appointed

There is hereby created the Development Review Committee. The committee shall be comprised of the following:

1. Development Services Coordinator or his or her designee.
2. Public Works Director or his or her designee.
3. Fire Chief or his or her designee.

At no time shall any person providing the formal review of a site plan, preliminary plan/plat or subdivision plat serve as the appointed designee to serve on the Development Review Committee charged with approving or denying said development application.

The Development Review Committee is hereby charged with the duties as set forth within this code.

1. Planning commission. It shall be the duty of the city council to appoint a planning commission for the city of American Fork, the numbers and terms of members, mode of appointment, procedure for filling vacancies and removal from office and other details relating to the organization and procedures of the planning commission shall be the same as set forth under Section 17.2.200 of this code.
2. Board of adjustment. The mayor, with the advice and consent of the city council shall appoint a board of adjustment, the number, terms of office, and other details relating to powers and duties of said board shall be the same as set forth under Section 17.2.300 of this code. The city council may also fix per diem compensation for members of the board of adjustment based-on necessary and reasonable expenses and meetings actually attended.
3. Zone compliance officer. The city council may appoint and fix compensation for a zone compliance officer. The powers and duties of said officer shall be the same as set forth under Section 17.2.400 of this code.
4. Planning department. The city council may appoint a planning department subject to the prior recommendation of the planning commission. The powers and duties of said department shall be the same as set forth in Section 17.2.500 of this code.
   

1. City council may adopt general plan. The city council may adopt a comprehensive (general) plan of the city or any part thereof.
2. Public lands and structures to conform to plan exceptions. Upon the adoption of such plan no street, park or other public way, ground, place or space, no public building or structure, and no public utility, whether publicly or privately owned, shall be constructed or authorized until and unless the location and extent thereof shall conform to said plan or shall have been submitted to and approved by the planning commission; provided that in case of disapproval, the commission shall communicate its reasons to the city council and the city council, by a vote of not less than a majority of its entire membership, shall have the power to overrule such disapproval and upon such overruling, the city council shall have the power to proceed; provided however, that if the public way, ground, place, space, building, structure or utility be one the authorization or financing of which does not, under the law governing the same, fall within the province of the city council, then the submission to the planning commission shall be by the board or official having such jurisdiction, and the planning commission's disapproval may be overruled by said board by a vote of not less than a majority of its entire membership or by said official. The acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment, change of use, acquisition of land for, or sale or lease of any street or other public way, ground, place, property, or structure, shall be subject to similar submission and approval, and the failure to approve may be similarly overruled. The failure of the planning commission to act within thirty days from and after the date of official submission to it shall be deemed approval, unless a longer period be granted by the city council or other submitting body, board, or official.

1. City council may zone city. For the purpose of promoting health, safety, morals, and the general welfare of the community the city council is empowered to regulate and restrict the height, number of stories and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts and other open spaces, the density of population and the location and use of buildings, structures and land for trade, industry, residence, or other purposes within the area included in the city of American Fork.
2. Division of city into zoning districts. The city council, after receiving the recommendation of the planning commission as provided for in this code, may divide the city into zones of such number, shape and area as may be deemed best suited to carry out the purposes of this code, and within such zones it may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings or structures, or the use of land. All such regulations shall be uniform for each class or kind of buildings throughout each zone but the regulations in one zone may differ from those in other zones.
3. Regulations to be in accordance with comprehensive zoning plan. Such regulations shall be made in accordance with a comprehensive zoning plan designed to lessen congestion in the streets, to secure safety from fire, panic and other danger, to promote health and the general welfare, to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of population, to facilitate adequate provision for transportation, water, sewage, schools, parks and other public requirements. Such regulations shall be made with reasonable consideration, among other things, to the character of the zone and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city.
4. Zoning regulations—Enactment; public hearing; publication of notice; method of amendment. Before enacting the zoning regulations, the city council shall hold a public hearing thereon. At least fourteen days' notice of the time and place of such hearing shall be published in a newspaper of general circulation in the city. No material change in or departure from the text or maps as certified by the planning commission shall be made after such public hearing unless such change or departure be first resubmitted to the planning commission of the city for its consideration and recommendation. The zoning regulations, including the maps, may be amended from time to time by the city council after fourteen days' notice and public hearing by said city council; but all proposed amendments shall be first submitted to the planning commission for its recommendation which shall be returned to the city council for its consideration within thirty days.
5. Enforcement of regulations. The city council may:
   1. Provide by ordinance or code that it shall be unlawful to erect, construct, reconstruct, alter, or change the use of any building or other structure within the city covered by such regulations without obtaining a building permit from the zoning administrator.
   2. Provide by ordinance that the building department shall not issue any permit unless the plans of and for the proposed erection, or construction, or use fully conforms to all regulations then in effect.
   3. Institute any appropriate action or proceeding to prevent the erection, construction, reconstruction, alteration, repair, conversion, or use of any building, or structure, or land in violation of any ordinance or regulation made under authority of Sections 10-9-101 et seq., Utah Code Annotated, and to prevent the occupancy of such building, structure or land or to prevent any illegal act, conduct of business or use of or about such premises.

1. City council may adopt subdivision regulations. Upon receipt of the proposed subdivision regulations as prepared by the planning commission, the city council shall hold a public hearing thereon after which the city council may adopt by ordinance said regulations for the municipality.
2. Subdivision plats to be approved by city council. No plat of a subdivision of land within the city shall be filed or recorded until it shall have been submitted to and approved by the city council and such approval entered in writing on the plat by the city recorder or other designated member or employee. The approval by the city council shall be in addition to that required by the planning commission. The filing or recording of a plat of a subdivision without such approval shall be null and void (UCA 10-9-804).
   

1. City council may adopt condominium regulations. Upon receipt of proposed condominium regulations as prepared by the planning commission, the city council may adopt said regulations by ordinance.
2. Condominium projects to be approved by city council. No condominium project or any record of survey map, declaration or other required material shall be recorded until it shall have been submitted to and approved by the city council. The approval by the city council shall be in addition to the approval required by the planning commission (UCA 57-8-35).
   

1. Legislative basis. Pursuant to authority granted in Title 10-9a-201 and 10-9a-202, Utah Code Annotated, 1953, as amended (UCA), the city council hereby creates a planning commission within and for the city, to be known as the American Fork City Planning Commission.
2. Composition of planning commission. The planning commission shall consist of seven members and one alternate member, who shall be selected from among the residents of the city and appointed by the mayor, with the advice and consent of the city council.
3. Political affiliation not basis for appointment. The members shall be selected without respect to political affiliations.
4. Per diem authorized. The members shall serve for such per diem compensation, if any, as may be fixed by the city council, which compensation shall be based on necessary and reasonable expenses incurred and on meetings actually attended by said members.

(Ord. No. 03-05-13; Ord. No. 2013-10-39, § 1, 10-22-2013)

1. Term of office. The term of appointment for each member shall be six years. The terms of appointment shall be arranged so that the terms of one member shall expire in each successive year in each of five years and two members in the sixth year. The term of the alternate member shall expire each year. Terms of appointment shall expire on January 31 of the scheduled year of expiration.
2. Vacancies. Vacancies occurring other than due to the expiration of a term shall be filled, for the remainder of the unexpired term, in accordance with the provisions of Section 17.2.202 A.
3. Continuation of terms. Members serving at the time of the adoption of this ordinance are hereby appointed to serve in accordance with the terms of their current appointment.
4. Removal of members. Members may be removed after a public hearing by a two-thirds majority vote of the entire city council.

(Ord. No. 03-05-13; Ord. No. 2013-10-39, § 1, 10-22-2013)

1. Election of chairman. The planning commission shall elect from its membership a chair and a vice chair who shall serve for a term of one year, and until a successor is elected. The term of the chair and vice chair shall commence on February 1 of the year elected. Election of chair shall be conducted at the first meeting of the planning commission after completion of the term of the prior chair, or at such other time as is considered practicable by the members of the commission.
2. Duty of chair and vice chair. It shall be the duty of the chair to preside over and conduct all meetings of the planning commission. The chair, with the consent of the members, shall make such assignments and delegations to the members of the planning commission and the staff and consultants as are deemed necessary or desirable for the carrying out of the planning commission's business. The vice chair shall assume the duties of the chair at any time the chair is absent or otherwise unable to perform the duties of the chair.
3. Duty of alternate member. It shall be the duty of the alternate planning commission member to attend all meetings of the planning commission. The alternate member may participate in all discussions and proceedings; however, he or she may vote only in the case where another planning commissioner is absent.
4. Rules for operation. The planning commission may adopt rules for its own organization and for the transaction of its business not in conflict with this section or other ordinances, and shall keep an accurate record of disposition of all matters coming before it.
5. Compliance with open meetings requirements. All meetings of the planning commission shall comply with the requirements of Chapter 4, Title 52, UCA, known as the Open and Public Meetings [Law].

(Ord. No. 03-05-13; Ord. No. 2013-10-39, § 1, 10-22-2013)

1. Quorum—Number of votes required for action. A minimum of four members in attendance at the meeting is required to constitute a quorum. The minimum number of "yes" votes necessary to carry an action of the commission shall be a majority of the members of the quorum in attendance, but not less than four. For purposes of determining the result of an action, an abstention from voting on a matter shall be considered as a "no" vote.
2. All members may vote. Members shall be entitled to vote on all matters coming before the planning commission.

The planning commission shall have such powers as may be necessary to enable it to perform its functions and promote municipal planning within the city. It shall:

1. Prepare and recommend a general plan and amendments to the general plan to the city council as provided under the provisions of Section 10-9a-302 et seq., UCA.
2. Prepare and recommend the adoption of zoning ordinances and a zoning map and any amendment to said zoning ordinances and map to the city council, as provided under the provisions of Section 10-9a-302 et seq., UCA.
3. Administer provisions of the zoning ordinance, where specifically provided for in the zoning ordinance adopted by the city council.
4. Prepare and recommend adoption of subdivision regulations and amendments to those regulations to the city council, as provided under the provisions of Section 10-9a-602 et seq., UCA.
5. Recommend approval or denial of subdivision applications as provided under the provisions of Section 10-9a-604 et seq., UCA, in accordance with the rules and procedures set forth under the terms of the subdivision ordinance.
6. Prepare and recommend adoption of regulations by the city governing the approval, construction and maintenance of condominium projects, or amendments to such regulations (UCA 57-8-35).
7. Recommend approval or denial of applications for approval of condominium projects in accordance with the rules and procedures set forth under the terms of the condominium regulations.
8. Advise the city council on such matters as the city council directs.
9. Hear and decide any matters designated to it by the city council under the terms of the city's zoning ordinance or other development regulation, including the approval or denial of, or recommendations to approve or deny, development site plans and conditional use permits.
10. Exercise any other powers: (a) that are necessary to enable it to perform its function; or (b) delegated to it by the city council.

(Ord. No. 03-05-13)

The planning commission or its authorized agents may enter upon any land at reasonable times to make examinations and surveys.

(Ord. No. 03-05-13)

The city council hereby creates a board of adjustment within and for the city. Said board of adjustment shall constitute the appeal authority authorized and required pursuant to the provisions of Section 10-9a-701, Utah Code Annotated, 1953, as amended. The board of adjustment shall consist of five members, each to be appointed for a term of five years, provided that the terms of the members appointed shall be such that the term of one member shall expire each year. Any member of the board of adjustment may be removed for cause by the city council upon written charges and after public hearing, if such public hearing is requested. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant.

(Ord. No. 05-11-58)

The board of adjustment shall organize and elect a chairman and adopt rules for its proceedings. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. The chairman or, in his absence, the acting chairman may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of it's proceedings, showing the vote of each member upon each question, or if absent or failing to vote indicating such fact, and shall keep records of its examinations and other official actions; all of which shall be immediately filed in the office of the board and shall be a public record.

(Ord. No. 05-11-58)

The board of adjustment shall have the following powers:

1. The power to grant variances from the terms of the land use ordinances, subject to compliance with the terms and conditions set forth herein and the provisions of Section 10-9a-702, Utah Code Annotated, 1953, as amended; and
2. The power to hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by the administrative official in the enforcement of this code, subject to compliance with the terms and conditions of this code and the provisions of Sections 10-9a-703 through 10-9a-708, Utah Code Annotated, 1953, as amended.

(Ord. No. 05-11-58)

Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, department, board or bureau of the city affected by any decision of the administrative officer. Such appeal shall be taken within a period not to exceed forty-five days from the date of the granting or refusal by filing with the officer from whom the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board of adjustment all the papers constituting the record upon which the action appealed from was taken.

(Ord. No. 05-11-58)

An appeal stays all proceedings in furtherance of the action appealed from, unless the zoning administrator certifies to the board of adjustment after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion cause eminent peril of life or property. In such case proceedings shall not be stayed otherwise than by restraining order which may be granted by the board of adjustment or by the district court on application and notice and on due cause shown.

(Ord. No. 05-11-58)

The board of adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof as well as due notice to the parties in interest, and shall decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney.

(Ord. No. 05-11-58)

In exercising the above-mentioned powers such board may, in conformity with the provisions of the code, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the zoning administrator and such other powers as herein provided.

(Ord. No. 05-11-58)

The concurring vote of three members of the board shall be necessary to reverse any order, requirement, or determination of any such administrative official, or to decide in favor of the appellant on any matter upon which it is required to pass under any such code, or to affect any variation in the provision of such code.

(Ord. No. 05-11-58)

The city or any person aggrieved by any decision of the board of adjustment may have and maintain a plenary action for relief therefrom in any court of competent jurisdiction;. Any challenge shall be in accordance with the provisions of Section 10-9a-801, Utah Code Annotated, 1953, as amended.

(Ord. No. 05-11-58)

There is hereby created the position of zone clearance officer. The director of the planning department is hereby designated as the zone clearance officer. The zone clearance officer is hereby charged with the duties as set forth under Section 17.2.402 of this code.

(Ord. No. 2009-06-26, § 1, 6-23-2009)

It shall be the duty of the zoning clearance officer or his designated representative:

1. To review all requests for building permits for conformance with the terms of the development code and to issue a zone clearance endorsement where, as applicable:
   1. The proposed use complies with the relevant terms of the development code; or
   2. The terms and conditions of approval of any large scale development and/or specific site plan constituting a portJ.on of a large scale development project which has received the approval of the city council pursuant to Chapter 17.7 of the development code; or
   3. The proposed use complies with the site plan approved by the planning commission pursuant to Section 17.6.101 of the development code.
2. To review all applications for business licenses, home occupancy permits, requests for release of performance guarantee (bonds), certificates of occupancy and/or any other license or permit which requires a zone ordinance compliance endorsement; to determine whether the use set forth in the application is in conformance with the terms of the development code; and to provide such endorsement when determined to be in compliance.
3. To assist the city's code enforcement officer, wherever violations of the terms of the development code have occurred, including, but not limited to, the provisions relating to subdivisions (Chapter 17.8), large scale development projects (Chapter 17.7), site plans Section 17.6.101 or other use or development project approved pursuant to the terms of the development code; and to assist the city attorney in preparing exhibits and provide testimony in the event of legal action to secure compliance.
4. To provide testimony, records and relevant materials to the board of adjustment, planning commission or city council on matters which such body is required to render a decision.
5. To adopt such forms and procedures are determined appropriate in carrying out the tasks delegated under this section.
6. The City Planner is designated as the zone clearance officer for matters involving the interpretation of and application of the city's Transit Oriented Development (TOD) rules and regulations.

(Ord. No. 2009-06-26, § 1, 6-23-2009)

There is hereby created a planning department in and for the city of American Fork. It shall be the duty and function of the planning department to assist the planning commission in the performance of its duties as set forth under state law and city ordinance and also, those certain duties delegated to it as forth in Section 17.2.502 of this code.

(Ord. No. 2009-06-26, § 1, 6-23-2009)

It shall be the function and duty of the planning department:

1. To review all applications of subdivisions, condominium projects and other large scale developments, zone change requests, and annexation requests and advise the planning commission regarding the completeness of the plans and documents and the extent of compliance with the applicable ordinance and standards and the potential impact upon city plans and policies.
2. To respond to requests for information from citizens and officials regarding the details of the city's general plan and the provisions of this code.
3. To make technical studies relating to amendments to the general plan, the development code and related ordinance.
4. To cooperate and coordinate work with the city engineer, the water and sewer superintendent, planning consultants, and other municipal officers and employees regarding the terms of the various elements of the general plan, the terms of the development code and other development ordinances, resolutions and policies.
5. To assist the planning commission in its role as a recommendation body regarding updating the various elements of the general plan, development ordinances and requests for annexation all in accordance the provisions of state law and city policy.
6. To keep this development code and the official zone map current and up-to-date at all times.

(Ord. No. 2009-06-26, § 1, 6-23-2009)