This title shall be known as the LAND USE ORDINANCE OF CLEARFIELD CITY, UTAH. (Ord. 2009-17, 11-24-2009)

This title is designed and enacted for the purpose of promoting the health, safety, convenience and general welfare of the present and future inhabitants of the city by, among other things, lessening congestion in the streets; securing safety from fire, panic and other dangers; providing adequate light and air; preventing the overcrowding of land; avoiding undue concentration of population; facilitating the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; protecting the tax base, securing economy in governmental expenditures; fostering the city's industries; protecting the urban and nonurban development; and the preservation and stabilization of property values. (Ord. 2009-17, 11-24-2009)

Interpretation and application of the provisions and requirements contained herein are declared to be the minimum requirements for the purposes set forth, unless otherwise specifically stated. If in the course of administration hereof, a question arises as to the meaning of any phrase, section, or chapter, the interpretation thereof shall be given by the planning and zoning administrator of Clearfield City and shall be construed to be the official interpretation thereof. Appeals of the planning and zoning administrator's interpretation shall be made in accordance with table 11.1 of this section and section 11-1-12 of this chapter.

   TABLE 11.1

   LAND USE AND APPEAL AUTHORITY

 

1.   Optional application, no decision rendered.

2.   Administrative approvals include interpretations of the land use ordinance, etc.

3.   Calendar days from the time of written notification by the City of formal action on the applications, or approval of the minutes of the meeting in which the action was taken, whichever occurs first.

This title shall not nullify the more restrictive provisions of other private covenants and agreements or other laws or general ordinances of the city, but shall prevail and take precedence over such provisions which are less restrictive. (Ord. 2009-17, 11-24-2009)

The zoning ordinance for Clearfield City in existence prior to the adoption of the ordinance codified herein, together with all maps which are part of such ordinance, are hereby superseded and amended to read as set forth herein; provided, however, that the ordinance codified herein, including the attached maps, shall be deemed a continuation of the previous ordinance, and not a new enactment insofar as the substance of revisions, whether in the same or different language; and the ordinance codified herein shall be so interpreted upon all questions of construction relating to tenure of officers and boards established by previous ordinances and to questions of conforming and nonconforming use, buildings, structures and to questions as to the dates upon which such uses, buildings or structures became conforming or nonconforming. All ordinances in force immediately prior to the adoption of the ordinance codified herein shall continue in force after said adoption for the purpose of all rights acquired, fines, penalties, forfeitures and liabilities incurred and actions therefor. (Ord. 2009-17, 11-24-2009)

All departments, officials and employees of the city which are vested with duty or authority to issue permits and licenses shall conform to the provisions of this title and shall issue no permit or license for a use, building or purpose where the same would be in conflict with the provisions of this title. (Ord. 2009-17, 11-24-2009)

Should any article, section, clause or provision of this title be declared by the courts to be invalid, the same shall not affect the validity of this title as a whole or any part hereof other than the part so declared to be invalid. (Ord. 2009-17, 11-24-2009)

   A.   An applicant is entitled to approval of a land use application if the application conforms to the requirements of the city's zoning map and applicable land use ordinance in effect when a complete application is submitted and all fees have been paid, unless:

      1.   The governing body, on the record, finds that a compelling, countervailing public interest would be jeopardized by approving the application; or

      2.   In the manner provided by city ordinance and before the application is submitted, the city has formally initiated proceedings to amend its ordinances in a manner that would prohibit approval of the application as submitted. The process for formally initiating proceedings to amend the city's ordinances shall begin with the filing of the petition required by section 11-6-2 of this title. (Ord. 2015-19, 12-8-2015)

   B.   The city shall process an application without regard to proceedings initiated to amend the city's ordinances if:

      1.   One hundred eighty (180) days have passed since the proceedings were initiated; and

      2.   The proceedings have not resulted in an enactment that prohibits the approval of the application as submitted.

   C.   An application for a land use approval is considered submitted and complete when the application is provided in a form that complies with the requirements of this title and all applicable fees have been paid.

   D.   The continuing validity of an approval of a land use application is conditioned upon the applicant proceeding after approval to implement the land use with reasonable diligence.

   E.   The city shall not impose on a holder of an issued land use permit a requirement that is not expressed:

      1.   In the land use permit or in documents on which the land use permit is based; or

      2.   In the city's ordinances.

   F.   The City will not withhold issuance of a certificate of occupancy because of an applicant's failure to comply with a requirement that is not expressed:

      1.   In the building permit or in documents on which the building permit is based; or

      2.   In the City's ordinances.

   G.   The City is bound by the terms and standards of applicable Land Use Ordinances and shall comply with mandatory provisions of those ordinances. (Ord. 2009-17, 11-24-2009)

The City may impose an exaction or exactions on proposed land use development if:

   A.   An essential nexus exists between a legitimate governmental interest and each exaction; and

   B.   Each exaction is roughly proportionate, both in nature and extent, to the impact of the proposed development. (Ord. 2009-17, 11-24-2009)

   A.   As provided by Utah Code title 10, chapter 9a, as amended, the City is required to provide notice of all public hearings and public meetings to consider legislative or administrative matters. The notice requirements of the City for all public hearings and public meetings regarding land use applications are shown in table 11.2, "Public Notice Requirements", of this section. (Ord. 2009-17, 11-24-2009)

   TABLE 11.2

   PUBLIC NOTICE REQUIREMENTS

 

   B.   "Affected entity" shall mean all of the following:

      1.   Davis County;

      2.   Cities of Clinton, Layton, Sunset, Syracuse and West Point;

      3.   North Davis fire, North Davis sewer, Weber Basin water, and mosquito abatement districts;

      4.   Davis County school district;

      5.   Local natural gas provider(s);

      6.   Local electricity provider(s);

      7.   Local telecommunications provider(s);

      8.   Local solid waste provider(s);

      9.   Davis-Weber Canal Company;

      10.   Hill Air Force Base; and

      11.   Utah Department of Transportation. (Ord. 2010-08, 6-22-2010)

   C.   Each notice of a public hearing or public meeting shall include the date, time, and place of each public hearing.

   D.   Any challenge regarding notice of a public meeting or hearing shall occur within thirty (30) days of the meeting or hearing; otherwise, notice is considered to have been adequate and proper. (Ord. 2009-17, 11-24-2009)

Section 11-1-3, table 11.1, "Land Use And Appeal Authority", of this chapter identifies the person, board, commission, agency, or other body designated by the City Council with authority to act upon a land use application in accordance with the provisions of this title. (Ord. 2009-17, 11-24-2009)

   A.   Regulations: Section 11-1-3, table 11.1, "Land Use And Appeal Authority", of this chapter identifies the Appeal Authority and time limit for appeal for each type of land use application. Aggrieved applicants may appeal the decision of the land use authority to the appeal authority within the specified time limit. Appeals shall be filed by a written statement submitted to the city recorder detailing the grounds upon which the aggrieved applicant is appealing the land use authority's decision. Upon receipt of such an appeal it shall be placed on the next available appeal authority's agenda for which the item may be reasonably scheduled. The following provisions apply generally to appeals to land use applications and decisions:

      1.   The appellant may only allege the land use authority erred in administering or applying the ordinance.

      2.   The appellant has burden of proof.

      3.   All theories whereby an appellant would appeal are raised to the appeal authority before appealing to district court.

      4.   Legislative decisions shall be valid if reasonably debatable and not illegal.

      5.   Administrative or quasi-judicial decisions shall be valid if supported by substantial evidence and not illegal.

   B.   Right Of Appeal: Any person aggrieved by, or any officer, department, council, commission, board or bureau of the city affected by, any decision of the planning and zoning administrator, planning commission, or city council in the administration of this title, may appeal such decision in accordance with the provisions of this chapter.

   C.   Stay Of Proceedings: An appeal stays all proceedings in furtherance of the action appealed from unless the planning and zoning administrator, planning commission, or city council certifies to the appeal authority, as appropriate, that by reason of facts stated a stay would, in their opinion, cause imminent peril to life or property. In such cases, proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the appropriate appeal authority or by the district court on application and notice and on due cause shown.

   D.   Hearing: The appeal authority shall schedule a hearing for the appeal at a public meeting. Upon hearing the appeal and reviewing all relevant information submitted, the appeal body may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such determination as ought to be made and to that end shall have all the powers of the land use authority. The appeal authority may continue the hearing at a later time and date, as is reasonable and as may be necessary. A concurring vote of a simple majority of the total membership of the appeal authority shall be necessary to reverse any order, requirement or determination of the land use authority.

   E.   Judicial Appeals: Any person aggrieved by, or affected by, any decision of the city council on a land use application may have and maintain a plenary action for relief therefrom in any court of competent jurisdiction, provided petition for such relief is presented to the court within thirty (30) calendar days after the decision.

   F.   Fee: The appellant of a decision on a land use application by city staff or the planning commission shall pay the fee specified in the city's current consolidated fee schedule. (Ord. 2009-17, 11-24-2009)

   A.   Any person or their authorized agent desiring a waiver or modification of the requirements of the land use ordinance as applied to a parcel of property that he or she owns, leases, or in which holds some other beneficial interest, may apply to the planning commission for a variance from the terms of the land use ordinance.

      1.   The planning commission may grant a variance only if:

         a.   Literal enforcement of the land use ordinance would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of the ordinance;

         b.   There are special circumstances attached to the property that do not generally apply to other properties in the same zone;

         c.   Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone;

         d.   The variance will not substantially affect the general plan and will not be contrary to the public interest; and

         e.   The spirit of the land use ordinance is observed and substantial justice done.

      2.   In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship under subsection A1 of this section, the planning commission may not find an unreasonable hardship unless the alleged hardship:

         a.   Is located on or associated with the property for which the variance is sought; and

         b.   Comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood.

      3.   In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship under subsection A1 of this section, the planning commission may not find an unreasonable hardship if the hardship is self-imposed or economic. A self-imposed hardship inflicted on a property by action of a previous owner shall not be reason for granting a variance to the current owner.

      4.   In determining whether or not there are special circumstances attached to the property under subsection A1 of this section, the planning commission may find that special circumstances exist only if the special circumstances:

         a.   Relate to the hardship complained of; and

         b.   Deprive the property of privileges granted to other properties in the same zone.

   B.   The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met.

   C.   Variances run with the land.

   D.   The planning commission and any other body may not grant use variances.

   E.   In granting a variance, the planning commission may impose additional requirements on the applicant that will:

      1.   Mitigate any harmful effects of the variance; or

      2.   Serve the purpose of the standard or requirement that is waived or modified. (Ord. 2009-17, 11-24-2009)

   A.   The proposed annexation area shall substantially comply with the requirements of title 10 of Utah Code Annotated.

   B.   The proposed annexation area shall substantially comply with the policies established by the city's general plan to the extent that it may address the same, including the city's annexation policy declaration unless determined otherwise by the city council. Any failure to comply therewith will not invalidate any action taken by the city council or create a cause of action.

   C.   The procedures for annexation into the city shall substantially comply with those set forth in state law currently in effect, or as it may be amended from time to time. (Ord. 2009-17, 11-24-2009)

   D.   The city may establish forms and procedures for applications/petitions for annexation to the city in addition to those set forth by state law. (Ord. 2015-19, 12-8-2015)

   E.   The fee for annexation shall be in accordance with the city's current consolidated fee schedule.

   F.   An appeal of the city council's decision on a petition for annexation shall be filed only in accordance with the provisions of title 10 of Utah Code Annotated. (Ord. 2009-17, 11-24-2009)

   A.   All development and building permit applications are to be presented to the city on the applicable application form(s) provided by the city. (Ord. 2015-19, 12-8-2015)

   B.   The steps in the review and consideration of the various development applications, permits, and licenses authorized by this title may be identified by the city council and provided with the applicable application form.

   C.   The standards and requirements of this title, as applicable, shall apply to all uses or development activity located or proposed within the city. No use or development activity may be commenced or undertaken unless all necessary approvals, permits, and licenses have been issued in accordance with the provisions of this title, as applicable. (Ord. 2009-17, 11-24-2009)

   D.   An application for a required development approval, permit, or license shall be initiated by submitting the appropriate application(s) to the planning and zoning administrator. (Ord. 2015-19, 12-8-2015)

   E.   Upon receipt of an application, the planning and zoning administrator shall make a determination concerning its completeness. If the planning and zoning administrator determines that the application is incomplete, he or she shall notify the applicant in writing, identifying the deficiencies of the application and advising the applicant that no action will be taken by the city until they have been corrected. If the applicant fails to correct the specified deficiencies within thirty (30) days from the date of notification by the planning and zoning administrator, the application shall be deemed withdrawn and the applicable application fees will be returned to the applicant. (Ord. 2009-17, 11-24-2009)

   F.   An applicant may withdraw an application at any time prior to a final decision on the application. Application fees shall not be refundable if prior to withdrawal:

      1.   A review of the application by the city has commenced; or

      2.   Notice of a meeting or public hearing to consider the application with the planning commission or city council has been mailed, posted or published. (Ord. 2015-19, 12-8-2015)

   G.   The rights conferred by a development permit upon the filing of a complete application and approval by the city shall be limited to those rights granted in the applicable provisions of this title and subject to any conditions attached to the development permit.

   H.   All development approvals may be conditioned so that no building permit is issued on the subject property until all delinquent taxes and charges have been paid to date of approval.

   I.   Approval of a land use application shall expire after one hundred eighty (180) days from the date of approval unless the land use or construction in furtherance of the land use has commenced. A maximum extension of six (6) months may be granted by the land use authority under exceptional circumstances.

   J.   If an application for a development approval, permit or license is denied for failure to meet the requirements of this title, an application for all or a part of the same property shall not be considered for a period of at least one year from the date of denial unless the subsequent application is for a development that is different from the previously denied proposal, the prior denial was based upon a mistake of fact, or on a motion duly passed by the city council to act immediately and identifying a valid public purpose.

   K.   In order to review information relevant to an application, permit, or license, city staff or official(s) may, upon the permission of the owner, enter upon any public or private property and make an inspection thereof.

   L.   The fees for processing and review of all applications, permits, and licenses required by this title, designed to recover the actual or anticipated costs of review and processing of the application, shall be established by the city council and amended from time to time as necessary. The fee schedule may include an administrative processing fee and application fees, as applicable, for the various applications, permits, and licenses required by this title. Fees shall not be required for applications initiated by the planning commission, city council, or planning and zoning administrator.

   M.   If an application is filed and determined complete by the planning and zoning administrator prior to the adoption of this title, the previous ordinance shall be in effect. (Ord. 2009-17, 11-24-2009)

   A.   The city council is hereby authorized to enter into development agreements with any person or entity. The city council may require a development agreement for any annexation application, rezone application, subdivision of land, development, rehabilitation, reconstruction, or placement of improvement upon any property for the purpose of any of the following:

      1.   Protecting the right of the citizenry to health, welfare, and safety;

      2.   Addressing proposed projects, and the impacts of such projects, which may not have been contemplated by this code;

      3.   Addressing issues of the density of developments when required to balance competing interests;

      4.   Refining uses within the development in furtherance of the general plan when considering neighboring properties;

      5.   Resolving issues regarding unique features or challenges confronting development;

      6.   Protecting sensitive lands;

      7.   Protecting public properties and interests, both tangible and intangible;

      8.   Clarifying the application of code requirements or city standards;

      9.   Ensuring adherence to the overall intent of this code; and

      10.   For any other purpose consistent herewith; or

      11.   When mutually agreed upon with the developer.

   B.   Through a development agreement, the planning commission may recommend and the city council may approve modifications to the following types of development standards for new development in the underlying zone:

      1.   Permitted exterior building materials.

      2.   Building height.

      3.   Minimum lot frontage.

      4.   Minimum yard requirements.

      5.   Up to a five percent (5%) modification to the minimum lot size, provided that the modification does not result in an increase in density above the maximum allowed density for the underlying zone.

   C.   Modifications to the development standards listed in subsection B of this section may only be approved if the following conditions are met:

      1.   The granting of the modification will not adversely affect the rights of adjacent landowners or residents;

      2.   The modification desired will not adversely affect the public health, safety or general welfare; and

      3.   The granting of the modification will not be opposed to the general spirit and intent of this title or the general plan. (Ord. 2009-17, 11-24-2009)

   A.   Any use not listed as a permitted or conditional use in a zone classification shall be prohibited.

   B.   Determination as to the classification of uses not specifically listed in this title shall be made by the planning and zoning administrator and shall be subject to appeal to the planning commission as set forth in section 11-1-12 of this chapter. The procedure shall be as follows:

      1.   A written request for such a determination shall be filed with the planning and zoning administrator. The request shall include a detailed description of the proposed use and such other information as may be required.

      2.   The planning and zoning administrator shall thereupon make such investigations as deemed necessary to compare the nature and characteristics of the proposed use with those of uses specifically listed in this title, and shall make a determination of its classification based on these investigations.

      3.   The determination of the planning and zoning administrator shall be rendered in writing within a reasonable time. The determination shall state the zone classification in which the proposed use may be conditional or permitted, as well as the findings which established that such use is of the same or similar character as uses permitted in that zone classification. Upon making this decision, the planning and zoning administrator shall notify the applicant, city recorder, planning commission, and city council in writing of the decision. Pursuant to section 11-1-3, table 11.1, "Land Use And Appeal Authority", of this chapter the time period for appeals to the planning and zoning administrator's decision shall be ten (10) calendar days. (Ord. 2009-17, 11-24-2009)

      4.   The determination and all information pertaining thereto shall be assigned a file number classifying it as an administrative determination and shall become a permanent public record. Such use shall become a permitted or conditional use in the zone specified in the determination, and shall have the same status as a permitted or conditional use specifically named in the regulations of the zone classification. (Ord. 2015-19, 12-8-2015)

The City Engineer, or a designee, is hereby authorized to draft, approve, adopt, and interpret a set of Development, Design, and Construction Standards for development, design, and construction activity approvals in Clearfield City. Such guidelines and standards may be administratively amended from time to time as determined necessary by the City Engineer. The standards shall be based upon reasonable engineering standards and practices. Any appeal from a standard imposed by the City Engineer shall follow the modification process as outlined in Section 1.06 of the Development, Design, and Construction Standards. At such future time that a significant design change is needed or the Development, Design, and Construction Standards undertake a comprehensive update, the changes shall follow the formal adoption process used for zoning text amendments. (Ord. 2024-07, 4-23-2024)