Blanding City Zoning Code

1. Created: There is hereby created a commission to be known and designated as the planning commission of the city, to be appointed and to hold office as is set forth hereinafter.
2. Membership: The planning commission shall consist of five (5) members, all of whom shall be appointed by the Mayor with the consent of the City Council. In addition, one (1) member of the City Council shall serve as a non-voting representative to the Commission. The term of office for the council members shall correspond to his or her term of office. The term of office for each appointed member shall be four (4) years. Each commissioner shall hold office until his or her successor is appointed and qualified.
3. Organization:
4. The members of the planning commission shall select from their own members a chairperson and such other officers as deemed necessary, and shall adopt rules and regulations for their organization and for the transaction of business and the conduct of their proceedings.
5. Reports of official acts and recommendations of the planning commission shall be public and made by the chairperson in writing to the governing body, and shall indicate how each member of the commission voted with respect to such act or recommendation. Any member of the commission may also make a concurring or dissenting report or recommendation to the governing body.
6. The planning commission shall meet monthly and at such other times as the planning commission may determine.
7. Three (3) members of the planning commission shall constitute a quorum.
8. Powers And Duties: The planning commission shall have all the powers and duties explicitly or impliedly given planning commissions by the laws of the state. 

HISTORY:

(Ord. 1978-1, 3-8-1978, as amended)

The purpose of the Technical Review Committee (TRC) is defined as the role, responsibilities, and procedures to support the Blanding City Planning Commission. The TRC will provide technical expertise and ensure that development proposals and land use applications comply with City ordinances, regulations, and standards.

Section 1. Establishment of the Technical Review Committee (TRC)

The Technical Review Committee (TRC) is established to assist the Planning Commission by conducting technical reviews of applications, identifying issues, and providing recommendations to facilitate informed decision-making.

Section 2. Composition of the TRC

Creation And Organization: There is hereby created a Technical Review Committee, hereinafter referred to in this title as "the TRC". The membership of the TRC shall consist of four (4) full-time Blanding City Employees made up of:

1. City Planner (Chair of the TRC)
2. City Engineer
3. City Manager
4. Economic Development Director

Section 3. Responsibilities of the TRC

The TRC shall have the following responsibilities:

1. Application Review:
2. Conduct preliminary reviews of all applications requiring Planning Commission approval, including but not limited to:
3. Subdivisions
4. Site plans
5. Variances
6. Conditional use permit
7. Zoning amendment
8. Ensure applications are complete and comply with Blanding City ordinances, codes, and applicable state laws.
9. Technical Analysis and Recommendations:
10. Provide technical analysis of infrastructure impacts, design standards, safety concerns, and other relevant issues.
11. Prepare a written report summarizing findings, identifying concerns, and providing recommendations to the Planning Commission.
12. Coordination with Applicants:
13. Meet with developers, property owners, and applicants to discuss technical requirements, address concerns, and ensure compliance with City standards. The Blanding City Planner will gather all required documents for review by the TRC.
14. Support to the Planning Commission:
15. A TRC representative (Primarily the City Planner) shall attend Planning Commission meetings as needed to provide technical expertise, answer questions, and present TRC findings.
16. Assist the Planning Commission in understanding the technical aspects of applications to support informed decision-making.
17. Monitoring and Compliance:
18. Ensure that conditions imposed by the Planning Commission and City Council are clearly communicated and implemented.
19. Hear any appeals on:
20. Land use issues or other appeals as deemed necessary to go before the TRC.
21. If any of the positions being held by a person that make up the TRC and are the person that has made the initial decision that is being appealed, said person will not have any voting rights as to the appeal being made as to avoid a conflict of interest.

Section 4. TRC Review Process

1. Submission to TRC:
2. All applications requiring Planning Commission review must first be submitted to the TRC.
3. The City Planner will coordinate the review process and schedule TRC meetings as needed.
4. TRC Review and Report:
5. The TRC will review applications for completeness and technical compliance.
6. A written report summarizing the TRC’s findings, concerns, and recommendations will be provided to the Planning Commission prior to its scheduled meeting.
7. Applicant Notification:
8. The City Planner will notify applicants of any required changes, concerns, or additional information needed as identified by the TRC.
9. Planning Commission Consideration:
10. The Planning Commission shall consider the TRC’s recommendations when reviewing and making decisions on applications.

Section 5. Authority

The TRC serves in an advisory capacity to the Planning Commission and City Council. Final decision-making authority remains with the Planning Commission, unless otherwise provided by law which may be needed to meet the 30 turnaround timeline required by state law. In this situation, the Planning Commission may delegate the final decision making to the TRC if a Planning Commission meeting does not fall withing the timeline per law or if the Planning Commission is unable to have a full quorum for final decision making.

1. Creation And Organization: There is hereby created a Technical Review Committee, hereinafter referred to in this title as "the TRC". The membership of the TRC shall consist of four (4) full-time Blanding City Employees made up of the City Manager, City Engineer, City Planner, and the Economic Development Director.
2. If any of the positions being held by a person that make up the TRC and are the person that has made the initial decision that is being appealed, said person will not have any voting rights as to the appeal being made as to avoid a conflict of interest.
3. Powers Of TRC: In addition to the requirements of Utah Code Annotated section 10-9a-701 et seq., the TRC shall have the following powers:
4. 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 title; and
5. To hear and decide special exceptions, if any, to the terms of this title; and
6. To authorize upon appeal such variance from the terms of this title as will not be contrary to the public interest, wherein special conditions or literal enforcement of the provisions of the title will result in unnecessary hardship; provided, that the spirit of this title shall be observed and substantial justice done; and any variance must be granted pursuant to the terms of subsection E of this section; and
7. To hear and decide requests for conditional uses ¹ , but only within the respective zones in which such conditional uses are permitted.
8.    Rules For Proceeding Before The TRC: The TRC shall adopt rules governing its actions. Among other things, such rules shall require that:
9. The TRC shall reach decisions on matters within its jurisdiction only after a public hearing; and
10. The TRC shall give notice of such hearing to the public, the applicant, the planning commission, the building inspector, and to such other persons or agencies as the board may designate by rule, and to any person who has made a timely request for notice; the board shall give notices in such manner and at such time as shall be prescribed by rule; and
11. At any public hearing, any interested party may appear and, after being duly sworn, may offer evidence and testimony and cross examine witnesses; and
12. All evidence and testimony shall be presented publicly; and
13. The TRC shall keep a record of the proceedings, for each case heard, either steno graphically or by sound recording, and a transcript of the proceedings and copies of graphic or written material received in evidence shall be made available to any party at cost; the record of proceedings shall include all documents and physical evidence considered in the case; and
14. The TRC shall render a decision on each case heard within thirty (30) days of the hearing; and each decision must be accompanied by reasons therefor and based on findings of fact and conclusions based on any provisions of this title, or on any rule or regulation, must contain a reference to the provisions, rule or regulation relied on and the reasons why the conclusion is deemed appropriate in light of the facts found; and the TRC may deliberate in executive session and such deliberation shall not be a part of the record of the proceedings; however, the record shall show the grounds for each decision and the vote of each member upon each question; this record of proceedings shall be a public record.
15. Administration: The city council may establish by resolution reasonable fees to be paid by an applicant requesting a hearing before the TRC. The board will have such technical assistance and monies as the city council may provide.
16. Powers Of The TRC: The TRC shall have the power to modify the requirements of this title as herein provided. In the exercise of this power, the TRC may affirm, reverse or modify the order or decision appealed from and make such order as ought to be made and to that end shall have all the powers of the officer appealed from as more fully set forth in subsection B of this section.
17. Variances:
18. Any person or entity desiring a waiver or modification of the requirements of a land use ordinance as applied to a parcel of property that he owns, leases, or in which he holds some other beneficial interest, may apply to the TRC of adjustment for a variance from the terms of the ordinance.
19.         
20. The TRC may grant a variance only if:
21. Literal enforcement of the ordinance would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of the land use ordinances;
22. There are special circumstances attached to the property that do not generally apply to other properties in the same zone;
23. Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone;
24.  The variance will not substantially affect the general plan and will not be contrary to the public interest; and
25.  The spirit of the land use ordinance is observed and substantial justice done.
26.          
27. In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship under subsection F2a(1) of this section, the TRC may not find an unreasonable hardship unless the alleged hardship:
28. Is located on or associated with the property for which the variance is sought; and
29. Comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood.
30. In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship under subsection F2a(1) of this section, the TRC may not find an unreasonable hardship if the hardship is self-imposed or economic.
31.  In determining whether or not there are special circumstances attached to the property under subsection F2a(2) of this section, the TRC may find that special circumstances exist only if the special circumstances:
32. Relate to the hardship complained of; and
33. Deprive the property of privileges granted to other properties in the same zone.
34. The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met.
35. Variances run with the land.
36. The TRC may not grant a use variance.
37. In granting a variance, the TRC may impose additional requirements on the applicant that will:
38. Mitigate any harmful affects of the variance; or
39. Serve the purpose of the standard or requirement that is waived or modified.
40. Appeals From Board: Any person, firm or corporation aggrieved by any decision of the TRC may file a petition for review with the district court as provided in Utah Code Annotated section 10-9a-801. 

NOTES:

1. See chapter 9 of this title.

HISTORY:

(Ord. 1978-1, 3-8-1978, as amended; amd. 2007 Code)

(Ord. 1978-1, 3-8-1978, as amended)

(Ord. 1978-1, 3-8-1978, as amended; amd. 2007 Code)

1. Created: There is hereby created the office of building inspector, which position may be filled by the same person filling the position of city planner. The building inspector is vested with the power and duty to administer and enforce the provisions of this title. For this purpose, the building inspector shall administer such persons and monies as the city council may provide. Incidental to this charge, he shall:
2. Administer rules and procedures established by the city council for conducting the zoning affairs of the city, including issuing permits, collecting fees, coordinating with other officials and developing necessary forms; and
3. Intervene and participate, when deemed desirable, in public hearings before the board of adjustment on behalf of the city, and have decisions of the board reviewed in court when the city council considers such review desirable; and
4. Receive and review all applications for permits and approve or disapprove such applications as a basis for the issuance of permits by the building inspector; and
5. Receive all applications for amendment to this title and to the zoning district map, refer such applications to other city officials for comment and present such comments and applications to the city council for final disposition; and
6. Propose to the planning commission any changes to this title or to the zoning district map that may be desirable or necessary; and
7. Maintain a current zoning ordinance and map or maps showing the current zoning classification of all lands within the municipality; and
8. Maintain a current register of all nonconforming uses; and
9. Maintain such records and files as may be necessary in the conduct of the above duties; and
10. Make any examinations or investigations relative to the use of land or structures to determine compliance with these regulations.
11. Building Permits:
12. The building inspector shall not issue any building permit for any building, construction or repair of any building unless such fully conforms to all zoning regulations or ordinances of this municipality in effect at the time of the application.
13. No 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 street map adopted by the governing body. However, the board of adjustment shall have the power, upon an appeal filed with it by the owner of any such land, to authorize the grant of a permit for a building or structure, or any part thereof, within any mapped street located in any case in which the board of adjustment, upon the evidence, finds:
14. The property of the appellant of which such mapped street location forms a part will not yield a reasonable return to the owner unless such permit be granted; or
15. Balancing the interest of the municipality in preserving the integrity of the official map and the interest of the owner in the use and benefits of the property, the grant of such permit is required by consideration of justice and equity; and before taking on such action, the board of adjustment shall hold a public hearing thereon; and in the event that the board of adjustment decides to authorize a building permit, it shall have the power to specify the exact location, ground area, height and other details and conditions of extent and character and also the duration of the building, structure, or part thereof, to be permitted.

HISTORY:

(Ord. 1978-1, 3-8-1978, as amended)

(Ord. 1978-1, 3-8-1978, as amended; amd. 2007 Code)

(Ord. 1978-1, 3-8-1978, as amended)

1. Statement Of Public Policy: It is the intent of the municipality that these regulations, which include this title and the official map, have been established for the purpose of promoting sound and desirable development and of maintaining a stable community. In harmony with this purpose, this title and map shall not be amended except to: 1) correct an obvious error or oversight in the regulations; or 2) recognize changing conditions in the community, which require that amendments be adopted for the promotion of the public health, safety and general welfare. In conformity with this statement of policy, the city council may initiate amendments, or any person, firm or corporation may initiate amendments, in the manner hereinafter set forth.
2. Type Of Amendments And How Made:
3. Amendments shall be of two (2) types:
4. Language amendments which seek to change the wording of this title; and
5. Map amendments which seek to change the district boundary lines on the official map.
6.  Applications for amendments of either type shall be made to the building inspector, who may develop forms for this purpose. The application shall include, among other things:
7. The name and address of the applicant; and
8. The applicant's interest in the application; and
9. The nature and effect of the proposed amendment; and
10. A description and map of any area sought to be rezoned; and
11. A statement of the legal basis for such an amendment, whether to correct an error or to recognize changing conditions.
12. The building inspector shall assemble the application and shall forward a copy to planning commission and to any other agency which he feels might be affected by the amendment. Any such agency may require additional information of a reasonable and pertinent nature from the applicant.
13. The planning commission shall consider the application and forward its recommendations to the building inspector. Nothing herein shall be construed to prohibit the planning commission from developing close working relationships with the city council in order to apprise the city council of development policies and problems of the municipality.
14. The building inspector shall submit to the city council the completed application, including agency comments and planning commission recommendation.
15. Public Hearing: No amendment to this title or map shall be enacted until after a public hearing has been held at which all interested parties have had an opportunity to be heard. Notice of such a hearing shall be by posting any affected property for fifteen (15) days prior to such a hearing and by any other method that the city council may provide. Such posting shall include information on the nature of the amendment sought and the date, time and place for the public hearing. The City Planner shall be responsible for notification and posting as prescribed by city council.
16. Protests To Map Amendments: In the event that twenty percent (20%) of the property owners of the land included within a proposed change, or twenty percent (20%) of the property owners located within two hundred feet (200') from the perimeter of the proposed change file a written protest with the city council at least four (4) hours prior to the time of the public hearing, then and in that event an amendment to the official map shall not become effective except by a favorable vote of four (4) council members.
17. Intent And Minimum Size:
18. Specified: It is the intent of this title that zoning districts be of such a size as to function effectively and for the benefit of the community or a significant segment of the populace. For that reason, no amendment to this title shall be adopted whereby the zoning classification is changed unless the area to be zoned meets the following minimum size requirements:

1. How Measured: For the purpose of computing the size of an area for compliance with subsection E1 of this section, there shall be included:
2. One-half (1/2) of the area of abutting streets not, however, to exceed fifty feet (50'); and
3. All of the area of public rights of way interior to the area being changed; and
4. Adjacent and contiguous land within the municipality already zoned in the zoning classification being sought for the new area; and
5. Adjacent and contiguous land outside the municipality that is zoned in a similar category or is used substantially for uses similar to those being sought by the applicant.
6. Filing Fee And Publication Charge: At the time the application is filed requesting change with respect to zoning or building, or uses of land, as contemplated by this title, there shall be paid to the city treasurer a filing fee of one hundred dollars ($100.00) for the purpose of deferring the cost of advertising such public hearing and sending certified letters to the property owners that fall withing the 200' proposed change area. The city planner shall notify such applicant of such charge for advertising and shall not proceed with the advertising until such charge has been paid.

HISTORY:

(Ord. 1978-1, 3-8-1978, as amended)

(Ord. 1978-1, 3-8-1978, as amended; amd. 2007 Code)

(Ord. 2026-5)

1.  A failure to comply with any of the provisions of this title shall constitute a violation of this title. Every day in which a violation exists shall constitute a separate violation and a separate offense. The building inspector shall, in writing, state the nature of the violation to the owner, the developer, tenant, lessee or manager, and the method and time by which the violation must be corrected. After any such order has been served on any use, building or any tract of land, no work shall proceed on such use, building or tract of land except to correct the violation.
2. Any person, firm or corporation violating any provisions of this title, upon conviction thereof, shall be fined not more than two hundred ninety nine dollars ($299.00) or imprisoned not more than ninety (90) days, or both. Each day during which the illegal erection, construction, alteration, maintenance or use continues shall be deemed a separate offense.
3. In addition to any foregoing remedies, the city attorney, acting in behalf of the city council, or any proper person, may maintain an action for an injunction to restrain any violation of this title. The imposition of any penalty hereunder shall not preclude the municipality or any proper person from instituting any appropriate action or proceeding to require compliance with the provisions of this title and with administrative orders and determinations made hereunder. 

HISTORY:

(Ord. 1978-1, 3-8-1978, as amended)