Centerfield City Zoning Code

This Title shall be known as THE ZONING ORDINANCE OF CENTERFIELD CITY, UTAH.

HISTORY

Adopted by Ord. 9-08-75 on 12/15/1997

Amended 12/28/2023

This title is designed and enacted for the purpose of:

• Providing for the health, safety, and welfare;
• Promoting the prosperity;
• Improving the morals, peace, good order, comfort, convenience, and aesthetics of the City’s present and future inhabitants and businesses;
• Protecting the tax base;
• Securing economy in governmental expenditures;
• Fostering the state’s agricultural and other industries;
• Protecting both urban and non-urban development;
• Protecting and ensuring access to sunlight for solar energy devices;
• Providing fundamental fairness in land use regulation; 
• Facilitating orderly growth and allowing growth in a variety of housing types; and
• Protecting property values.

To accomplish the purposes of this title, the City may enact all ordinances, resolutions, and rules, and may enter into other forms of land use controls and development agreements that the City considers necessary or appropriate for the use and development of land within the City pursuant to §10-9a of Utah State Code (as amended).

HISTORY

Adopted by Ord. 9-08-75 on 12/15/1997

Amended 12/28/2023

1. The City Council may, without prior consideration of or recommendation from the Planning Commission, enact an ordinance establishing a temporary land use regulation for any part or all of the area within the City if:
2. The City Council makes a finding of compelling, countervailing public interest; or
3. The area is unregulated.
4. A temporary land use regulation under this section shall be in conformance with §10-9a-504 of Utah State Code (as amended) and may prohibit or regulate the erection, construction, reconstruction, or alteration of any building or structure or any subdivision approval.  
5. A Temporary Land Use Regulation may prohibit or regulate the erection, construction, reconstruction, or alteration of any building or structure or any subdivision approval.
6. A Temporary Land Use Regulation may not impose an impact fee or other financial requirement on building or development.
7. Unless otherwise provided by §10-9a-504 of Utah State Code (as amended) a temporary land use regulation shall not exceed a period of one-hundred eighty (180) days, but: 
8. May be renewed, if requested by the State of Utah Transportation Commission for up to two (2) additional periods of one hundred eighty (180) days by Ordinance enacted before the expiration of the previous regulation; however the renewed regulation is effective only as long as the Environmental Impact Statement or Major Investment Study is in progress.

HISTORY:

Amended 12/28/2023

In interpreting and applying the provisions of this title, the requirements contained herein are declared to be the minimum requirements for the purposes set forth.

HISTORY

Adopted by Ord. 9-08-75 on 12/15/1997

The following chart designates the Land Use Authority for land use approvals within the City.

Pursuant to §10-9a-306 of Utah State Code (as amended), the Land Use Authority shall apply the plain language of land use regulations.  If a land use regulation does not plainly restrict a land use application, the land use authority shall interpret and apply the land use regulation to favor the land use application.  A land use decision of a land use authority shall be considered an administrative act, even if the land use authority is the City Council.

HISTORY

Adopted by Ord. 9-08-75 on 12/15/1997

Amended 12/28/2023

1. Before adopting any amendment to this title, the City shall give Class B notice of the date, time, and place of the first public hearing to consider the adoption or any modification of a land use regulation.  The City shall also provide Class A notice of each public meeting on the subject.
2. Each notice of a public hearing shall be mailed to each affected entity at least ten (10) calendar days before the public hearing.  The notice shall be:
3. Posted in at least three (3) public locations within the City or posted on the City’s website; and
4. Posted on the Utah Public Notice Website, or mailed to each property owner whose land is directly affected by the land use ordinance change, and each adjacent property within the parameters specified by the City’s ordinance (if applicable).
5. Each notice of a public meeting shall be posted at least twenty four (24) hours before the meeting in at least three (3) public locations within the City and on the City’s website.
6. For any proposed modification to the text of a zoning code, the notice shall include a summary of the effect of the proposed modifications to the text of the zoning code designed to be understood by a lay person and shall be provided to any person upon written request.
7. For any zoning map enactment or modification thereto the notice shall:
8. Identify with specificity each owner of record of real property that will be affected by the proposed zoning map or map amendments;
9. State the current zone in which the real property is located;
10. State the proposed new zone for the real property;
11. Provide information regarding or a reference to the proposed regulations, prohibitions and permitted uses that the property will be subject to if the zoning map or map amendment is adopted;
12. State that the owner of real property may no later than ten (10) days after the day of the first public hearing file a written objection to the inclusion of the owner’s property in the proposed zoning map or map amendment;
13. State the address where the property owner should file the protest;
14. Notify the property owner that each written objection filed with the City will be provided to the City Council; and
15. State the location, date, and time of the public hearing.

HISTORY

Adopted by Ord. 9-08-75 on 12/15/1997

Amended 12/28/2023

For each land use application received, the City shall:

1. Notify the applicant of the date, time, and place of each public hearing (Class B) and public meeting (Class A) to consider the application;
2. Provide to each applicant a copy of each staff report regarding the applicant or the pending application at least three (3) business days before the public hearing or public meeting; and
3. Notify the application of any final action on a pending application.

If the City fails to comply with the requirements of this section, an applicant may waive the failure so that the application may stay on the public hearing or public meeting agenda and be considered as if the requirements had been met.

HISTORY

Adopted by Ord. 9-08-75 on 12/15/1997

Amended 12/28/2023

If notice given under the authority of this title is not challenged under Utah State Code §10-9a-801 within thirty (30) days after the meeting or action for which notice is given, the notice is considered adequate and proper.

HISTORY:

Amended 12/28/2023

This title shall not nullify the more restrictive provisions of covenants, agreements, other ordinances or laws, but shall prevail notwithstanding such provisions which are less restrictive.

HISTORY

Adopted by Ord. 9-08-75 on 12/15/1997

Any person, firm or corporation, violating or causing or permitting the violation of any of the provisions of this title shall be guilty of a class C misdemeanor and shall, upon conviction of any such violation, be subject to penalty as provided in section 1.40.010 of this code.

HISTORY

Adopted by Ord. 9-08-75 on 12/15/1997

Amended by Ord. 2004 on 1/1/2004