Amendments to this title shall be made in the following manner:

1. Application: An applicant must file a written request for amendment with the Code Enforcement Officer. The City Council, Planning Commission, or owner/applicant may initiate an amendment as provided below. An owner/applicant shall pay the filing fee prescribed by the fee schedule, and shall file an application, which shall include, without limitation:
   1. The legal description of all property included;
   2. Common address if available; and
   3. A written statement addressing the criteria required for approval pursuant to paragraph E.
2. Hearings Before Planning Commission: The Planning Commission, a Land Use Authority, shall hold a public hearing on all amendments to this title or to the Land Use Zoning Map. The Code Enforcement Officer 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 DCC 18.08.060. 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.
3. 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 sixty (60) days of the close of the public hearing, the City Council shall consider the matter forwarded from the Planning Commission with a negative recommendation.
4. Hearing Before City Council: The City Council may hold a public hearing on all proposed amendments to this Title or Land Use Zoning Map forwarded from the Planning Commission. Notice of the public hearing shall be consistent with paragraph B.
5. Criteria/Required Findings: The City's land use 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 rezoning is consistent with the policies and goals of the Delta City General Plan and that the applicant has demonstrated that the:
   1. Proposed rezoning is necessary either to comply with the Delta City 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 Delta City 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, floodplain, 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.
6. Temporary Or Emergency Zoning:
   1. 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. Area is not zoned.
   2. 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 (6) months. (Ord. 18-277, 2-15-2018)
      

The Code Enforcement Officer (CEO), the Planning Commission (PC), the City Council (CC), and the Appeal Authority (AA) each have the following primary authority to review Applications for compliance with this title:

TABLE 9-3-2
REVIEWING BODIES

A - Appeal, D - Decision, R - Review

1. Building Permit Approval: No building permit shall be valid for any structure unless the permit for the proposed structure has been submitted to and has been approved by the Code Enforcement Officer.
2. New Uses: 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.
3. Subdivision Approval: No subdivision map shall be recorded unless all conditions of subdivision approval have been satisfied or otherwise secured.
4. Review By Code Enforcement Officer: The Code Enforcement Officer 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 Code Enforcement Officer may process one application at a time per property or may process coordinated applications simultaneously. The Code Enforcement Officer may issue administrative conditional use permits, as a Land Use Authority, or may recommend to the Planning Commission certain conditions of approval to applications for conditional use permits.
5. Permit Issuance: The Planning Commission issues permits for allowed uses, administrative lot line adjustments and conditional uses, and the Code Enforcement Officer issues building permits.
6. Planning Commission Authority: The Planning Commission reviews, holds a public hearing 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.
7. Appeal Authority: The Appeal Authority hears all requests for variances, modifications of noncomplying structures and zoning appeals.
8. Payment Of Fees Required: No review shall occur until all applicable fees are paid. (Ord. 18-277, 2-15-2018)

1. Plan Review Process: The following process and those outlined in DCC 18.64, applies to all applications for new development.
2. Initial Contact: An applicant for new development shall contact the Code Enforcement Officer to discuss the scope and purpose of the proposed development and the requirements of this code, including the following:
   1. 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.
3. 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;
   4. A vicinity map to orient the parcel to its surrounding infrastructure and a statement of intended use;
   5. Project identification (project name, location, developer and developer's address and contact information;
   6. Concept drawings shall be either eight and one-half inches by eleven inches (8 1/2" x 11") or eleven inches by seventeen inches (11" x 17") and shall include the following:
      1. Location and height of existing and proposed structures within the proposed development and within two hundred feet (200') of the proposed development;
      2. Location of fire hydrants and street lights within two hundred fifty feet (250') of the proposed development;
      3. 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;
      4. North arrow;
      5. Proposed buildings, parking areas, drive-aisle widths, road or driveway lengths and landscaped areas. Indicate number and layout of proposed parking spaces;
      6. Locations of access, curb cuts, gutters, sidewalks and proposed driveways as well as proposed circulation pattern;
      7. Public improvements and dedications;
      8. Location and design of proposed walls, landscaping and exterior lighting;
      9. Phasing plan, if any;
      10. Description and hours of intended uses; and
      11. Payment of the application fee set forth in the fee schedule.
4. Residential Site Plan Review: The site plan drawings shall include:
   1. General:
      1. Dated drawings prepared on a twenty-two (22) inch by thirty-four (34) inch format;
      2. Indicated scale shall be no less than one (1) inch equals forty feet (1" = 40').
      3. Name of project/development, address and developer's name.
      4. Parcel dimensions;
      5. North arrow;
      6. Total site area;
      7. Parking and driveway area;
      8. Location of new buildings and structures;
      9. Location of existing buildings and structures;
      10. All existing sewer mains, water mains, fire hydrants, and electric lines;
      11. Building elevations with proposed materials of construction for new construction or exterior modifications of existing buildings;
      12. Any further information related to site development as requested by City officials.
5. Commercial Site Plan Review: (Not a Subdivision.) The site plan drawings shall include:
   1. Dated drawings prepared on a twenty two inch by thirty four inch (22" x 34") format;
   2. Indicated scale shall be no less than one inch equals forty feet (1" = 40');
   3. Name of project/development, address and developer's name;
   4. Parcel dimensions;
   5. North arrow;
   6. Total site area;
   7. Parking and driveway area;
   8. Location of new buildings and structures;
   9. Location of existing buildings and structures;
   10. Location and height of structures;
   11. Setbacks for on site and off site structures;
   12. Landscaped area (indicate percentage of total site area to be landscaped);
   13. All existing and proposed sewer mains, water mains, fire hydrants and electric lines;
   14. Building elevations with proposed materials of construction for new construction or exterior modifications of existing buildings;
   15. Provide existing and proposed utility and lighting information;
   16. Provide location and size of vehicular entrances and exits;
   17. Any further information related to site development as requested by Delta City officials.
6. Building Permit: Upon approval of the building and site plan drawings, and payment of all applicable fees, the Code Enforcement Officer shall issue a building permit to the applicant.
7. Inspections: The Code Enforcement Officer or other designated official shall inspect the project during construction through its completion to verify conformance with approved plans.
8. Rejected Uses: If an application does not meet the criteria set forth in this section, the Code Enforcement Officer shall notify the applicant stating specifically which criteria have not been satisfied.
9. Disclaimer: No permit shall be valid if any of the criteria listed in this section has not been met. (Ord. 18-277, 2-15-2018)
   

.

The City shall notice all public hearings that are required by this title.

1. Public Hearing Requirements: The Code Enforcement Officer or City Recorder shall provide reasonable notice of all public hearings and meetings, 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 (3) public places in the City and in addition one may include the subject property for annexation, rezone and major subdivision applications if deemed necessary or posted on the City website; and
   2. When required, either published in or submitted to a newspaper of general circulation within the City at least ten (10) days before the date of the Planning Commission, Appeal Authority and/or City Council hearing; and
   3. When required, sent by first class mail to all record owners of subject property within three hundred feet (300') of the subject property.
2. Notice To Affected Entities: When required by law, the Code Enforcement Officer shall provide notice by first class mail to affected entities, as defined in DCC 18.04.010.
3. 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 (14) days. Any omission or defect in the mailed notice that is not brought to the Planning Commission's attention or that the Planning 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.
4. Effect Of Notice: Proof that notice was given pursuant to paragraph A 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 (30) days from the date of the hearing for which the challenged notice was given, the notice was adequate and proper. (Ord. 18-277, 2-15-2018)

Applicants must move their projects either to approval or denial in a reasonably expeditious manner. Upon fourteen (14) days' written notice to the applicant, the City may formally deny an application, which remains inactive for six (6) months. Delays occasioned by the City shall not constitute cause for terminating an application. An applicant may appeal the Code Enforcement Officer'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. 18-277, 2-15-2018)

1. 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 DCC 1.16.
   1. Civil: In addition, the City shall be entitled to bring a civil action to enjoin and/or abate the continuation of the violation.
   2. Private Citizens: 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. 18-277, 2-15-2018)
      

Licenses or permits issued in violation of this title, or based on fraudulent information, are null and void. (Ord. 18-277, 2-15-2018)

The applicant, staff or any other person with standing to challenge a decision administering or interpreting this title may appeal the decision as follows:

1. Zoning Title Interpretation And Administration: All City decisions which interpret or administer this title, may be appealed to the Appeal Authority within ten (10) days of final action, by filing notice of appeal with the Planning and Zoning staff, except that:
   1. Conditional Use Permit: The City Council shall hear appeals of Planning Commission decisions with respect to a conditional use permit. The appeal must be filed with the City Recorder within ten (10) days of the Planning Commission action.
2. Appeal Authority: The District Court hears appeals of decisions of the Appeal Authority that are filed within thirty (30) days of the final Appeal Authority decision.
3. 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 Planning Commission;
   2. The owner of any property within three hundred feet (300') 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.
4. Form Of Appeals: Appeals must be filed with the Code Enforcement Officer 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.
5. Written Findings Required: The appellate body shall prepare detailed written findings of fact, which explain the circumstances of the body's decision; and conclusions of law in support of its decision.
6. Action On Appeals To 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 Code Enforcement Officer;
   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. The City shall prepare written findings for review and approval within thirty (30) working days of the appellate decision.
7. City Council Call-Up: Within fifteen (15) calendar days of final action on any decision, 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 City Recorder shall also provide notice as required by paragraph H. In calling a matter up, the Council may limit the scope of the hearing to certain issues.
8. Notice: Notice of all appeals or call-ups shall be given by mailing courtesy notice seven (7) days prior to the hearing to the applicant and all parties who requested mailed courtesy notice for the original action.
9. 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.
10. Appeal From City Council: The applicant or any person aggrieved by City action on the project may appeal from the final action of the Appeal Authority 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.
11. 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. 18-277, 2-15-2018)

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:

1. 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 paragraph B. 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.
2. 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.
3. 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 (30) 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 (14) 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 paragraph B. 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.
4. Takings Appeal Board: There is hereby created a three (3) member Takings Appeal Board. The Mayor shall appoint three (3) current members of the Appeal Authority to serve on the Takings Appeal Board. If, at any time, three (3) members of the Appeal Authority cannot meet to satisfy the time requirements stated in paragraph C, the Mayor shall appoint a member or sufficient members to fill the vacancies. (Ord. 18-277, 2-15-2018)

The owner or owner's designee of any property requiring inspection shall pay to the City an amount sufficient to reimburse the City for the cost, including engineer fees, of providing inspectors, together with mileage, and any other costs incurred in conducting the periodic or continuous inspection required for improvements installed under this chapter, and also DCC 18.48.030 Mobile Home Parks) and also DCC 16.28 (Subdivisions). Payment of such inspection fees and costs shall be made at the City offices within thirty (30) days after written request for payment is sent by the City to the last known address of the subdivider. If payment is not made within forty-five (45) days after written request is sent, the City shall be entitled to receive payment from the proceeds of any type of guarantee posted under DCC 16.20.040. (Ord. 18-277, 2-15-2018)

(Ord. 18-277, 2-15-2018)