Enoch City Zoning Code

A. There is hereby created a planning commission to be composed of five members, appointed by the Mayor, with the advice and consent of the City Council.

B. The Mayor and City Council may fix, by resolution, per diem compensation for the members of the planning commission based on necessary and reasonable expenses and on meetings actually attended.

C. The Mayor and City Council may designate, by resolution, the composition of the planning commission. It is the intent of this Ordinance that the planning commission, not consist, of members all of whom, are from the same field of expertise. The five members of the planning commission shall be residents of Enoch City and owners of property within said City. Members of the governing body may be appointed to the planning commission. At least three of the five members shall hold no other public office or position within the local jurisdiction.

D. The Mayor, with the consent of the City Council, shall appoint a representative from among its members to act as a liaison between the city council and the planning commission. Such representative may also be a member of the planning commission.  

A. The term of office of the planning commission shall be for two years, except that the first five appointments shall be two members appointed for one year and three members appointed for two years.

B. Term of members of the planning commission shall begin on or before the first Monday in February of each year.

C. The Mayor and City Council may remove any member of the planning commission for cause, which may include misconduct or non-performance of duty. Non-performance of duty shall include a repeated failure to attend planning commission meetings. A public hearing will be held, if one is requested.

D. Vacancies shall be promptly filled in the same manner as the original appointment, for the remainder of the unexpired term. 

A. The planning commission shall elect a chairperson and a chairperson pro-tem from its members. They shall hold office for one (1) year or until a successor is elected and qualified. They may be re-elected, but may not serve more than two (2) consecutive terms in a single office

B. The planning commission may adopt policies and procedures for the conduct of its meetings, the processing of applications, and for any other purposes considered necessary for the functioning of the planning commissions, with the policies and procedures being approved by the Mayor and City Council before taking effect.

C. The planning commission shall keep a record of its proceedings, which shall be filed in the City Office. The public shall have access to this record during regular Enoch City office hours.

D. Reports of official acts and recommendations of the planning commission shall be public and made by the chairman in writing to the Mayor and City Council 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 Mayor and City Council.

E. The planning commission shall meet at least monthly and shall be compensated for up to two meetings per month

F. Three members of the planning commission shall constitute a quorum. Evidence shall not be presented unless a quorum is present. A majority vote shall be constituted of a least a majority of members present.

G. The planning commission may, upon the approval of the Mayor and City Council, employ experts and staff, including consultants and a secretary, and pay such expenses, exclusive of gifts, as may be reasonable and necessary for carrying out its duties, providing that such expenditures may not exceed the amount appropriated for the operation of the planning commission by the Mayor and City Council.  

The planning commission shall:

A.       Prepare and recommend a general plan and amendments to the general plan to the Mayor and City Council.

B.        Recommend zoning ordinances and maps, and amendments to zoning ordinances and maps, to the Mayor and City Council.

C.        Administer provisions of the zoning ordinance, where specifically provided for in the zoning ordinance adopted by the Mayor and City Council.

D.       Recommend subdivision regulations and amendments to those regulations to the Mayor and City Council.

E.        Recommend approval or denial of subdivision applications.

F.        Advise the Mayor and City Council on matters as they direct.

G.     Hear or decide any matters that the Mayor and City Council designates, including the approval or denial of or recommendations to approve or deny conditional use permits.

H.       Exercise any other powers that are necessary to enable it to perform its functions or delegated to it by the Mayor and City Council.  

The City shall not require a private individual or entity, including a community association or homeowners association, to permanently maintain a public access amenity or water utility unless explicitly agreed upon in a recorded agreement or development contract.

The planning commission or its authorized agents may enter upon any land at reasonable times to make examinations and surveys or otherwise in the exercise of any of its powers and duties.  

In order to provide for just and fair treatment in the administration of Enoch City Zoning Ordinances and to ensure that substantial justice is done, there is hereby created a Land Use Appeal Authority. (“Appeal Authority”) 

A.       The Appeal Authority shall consist of three members and five (5) alternates. The Mayor shall appoint the members with the advice and consent of the city council for a term of five years. The Mayor shall appoint members of the first Appeal Authority to terms so that the term of members stagger. Terms of members of the Appeal Authority shall begin on or before the first Monday in February of each year. 

B.        The Mayor may remove any member of the Appeal Authority for cause, if written charges are filed against the member with the Mayor. The Mayor shall provide the member with an appeal, if requested.

C.       The Mayor, with the advice and consent of the city council, shall fill any vacancy. The person appointed shall serve for the unexpired term of the member whose office is vacant.  

A.       The Appeal Authority shall organize and elect a chairperson and adopt rules that comply with all ordinances adopted by the city council.

B.        The Appeal Authority shall meet at the call of the chairperson and at any other times that the Appeal Authority determines.

C.  The chairperson, or in the absence of the chairperson, the acting chairperson may administer oaths and compel the attendance of witnesses.

D.   Appeal Authority Meetings     

1. All meetings of the Appeal Authority shall comply with the requirements of Title 52, Chapter 4, Open and Public Meetings, Utah Code Unannotated.
2. The Appeal Authority shall keep a record of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating that fact and keep records of its examinations and other official actions.
3. The Appeal Authority may have its proceedings contemporaneously transcribed by a court reporter and shall have the minutes taken by the city recorder and all proceedings are required to be electronically recorded.
4. The Appeal Authority shall file its records in the City Office. The public shall have access to this record during regular Enoch City office hours and in compliance with GRAMA.

E. A quorum shall be considered three members of the Appeal Authority and no evidence shall be presented to the Appeal Authority unless a quorum is present. A majority vote shall be constituted of at least a majority of members present.

F. Decisions of the Appeal Authority become effective at the meeting in which the decision is made unless a different time is designated in the Appeal Authority’s rule or at the time the decision is made.

G. The Mayor and City Council may fix per diem compensation for the members of the Appeal Authority based on necessary and reasonable expenses and on meetings actually attended.

H. Each appeal to the Appeal Authority shall be on a form provided by the Appeal Authority and all information called for by such form shall be furnished by the appellant.

I. Before making its decision, the Appeal Authority shall hold a hearing upon the appeal. Notice of the time and place of such hearing shall be sent by mail to the appellant, to the planning commission and to the building inspector, at least fifteen days prior to the day fixed for the hearing. Such notice shall contain the name of the appellant, the time and place fixed for the hearing and a brief statement of the error alleged by the appellant or other question of variance for which the appellant appeals.

J. The appellant shall pay to Enoch City a filing and processing fee as set in the fee schedule. Such payment shall be paid with the filing of the appeal. The Appeal Authority may give notice to other interested persons and organizations.

K. Each appeal, filed in proper form with the required dates, shall be numbered serially, docketed, and shall be placed upon the calendar of the Appeal Authority and shall be heard in the order in which they appear on the calendar, unless advanced for hearing by order of the Appeal Authority for good cause shown. However, the cost of the advanced hearing, including the salary of the Appeal Authority members and recorder, will be added to the filing fee cost and shall be paid by the appellant. 

A.       The Appeal Authority shall hear and decide:

1. appeals from decisions applying land use ordinances;
2. appeals from a land use fee charged; and
3. requests for variances from the terms of the land use ordinances. 

Before making its decision, the Appeal Authority may hold a public meeting upon the appeal. A public hearing is not required for variances or land use appeals unless specifically mandated by other provisions of law.

All filing and processing fees must reflect the actual administrative cost to the City. No fee shall be imposed in excess of what is necessary to process the specific application or appeal.

A.     The Appeal

1. The applicant or any other person or entity adversely affected by a decision administering or interpreting a land use ordinance may appeal that decision applying the land use ordinance by alleging that there is error in any order, requirement, decision or determination made by an official in the administration or interpretation of the land use ordinance.
2. Appeals to the Appeal Authority of decisions administering or interpreting a land use ordinance must be filed within 30 days of the decision.

B. Any officer, department, board or bureau of a municipality affected by the grant or refusal of a building permit or by any other decisions of the administrative officer in the administration or interpretation of the land use ordinances may appeal any decision to the Appeal Authority.

C.     The Appeal Authority shall hear and decide appeals from planning commission decisions regarding conditional use permits unless the Zoning Ordinance designates another body to hear conditional use permit appeals.

D.        The person or entity making the appeal has the burden of proving that an error has been made.

E.       Only zoning decisions applying the zoning ordinances may be appealed to the Appeal Authority. A person may not appeal, and the Appeal Authority may not consider, any Zoning Ordinance amendments.

F.         Appeals may not be used to waive or modify the terms or requirements of the Zoning Ordinance. 

A.       With the consent of the City Council, the Mayor may appoint an administrative officer to decide routine and uncontested matters before the Appeal Authority. The Appeal Authority shall designate which matters may be decided by the administrative officer and establish guidelines for the administrative officer to comply with in making decisions.

B.        Any person affected by a decision of the administrative officer may appeal the decision to the Appeal Authority.  

A.       In enacting the Zoning Ordinance, the Mayor and City Council may provide for special exceptions and grant jurisdiction to the Appeal Authority to hear and decide some or all special exceptions.

B.     The Appeal Authority may hear and decide special exceptions only if authorized to do so by the Zoning Ordinance and based only on the standards contained in the Zoning Ordinance.

C.        The Mayor and City Council may provide that conditional use permits be treated as special exceptions in the Zoning Ordinance.  

A.       Any person or entity desiring a waiver or modification of the requirements of the Zoning 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 Appeal Authority for a variance from the terms of the Zoning Ordinance.

B.     Variance Rules    

1. The Appeal Authority may grant a variance only if:
2. literal enforcement of the Zoning Ordinance would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of the land use ordinance;
3. there are special circumstances attached to the property that do not generally apply to other properties in the same zone;
4. granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone;
5. the variance will not substantially affect the General Plan and will not be contrary to the public interest; and
6. the spirit of the land use ordinance is observed and substantial justice done.
7. Unreasonable Hardship                       
8. In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship under Subsection B (1), the Appeal Authority may not find an unreasonable hardship unless the alleged hardship is located on or associated with the property for which the variance is sought; and comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood.
9. In determining whether or not enforcement of the Zoning Ordinance would cause unreasonable hardship under Subsection B(1), the Appeal Authority may not find an unreasonable hardship if the hardship is self-imposed or economic.
10. In determining whether or not there are special circumstances attached to the property under Subsection B(1), the Appeal Authority may find that special circumstances exist only if the special circumstances relate to the hardship complained of and deprive the property of privileges granted to other properties in the same zone.

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

D. Variances run with the land.

E. Neither the Appeal Authority nor any other body may grant use variances.

F. In granting a variance, the Appeal Authority may impose additional requirements on the applicant that will mitigate any harmful effects of the variance; or serve the purpose of the standard or requirement that is waived or modified. 

A.       Any person adversely affected by any decision of an Appeal Authority may petition the district court for a review of the decision.

B.        In the petition, the plaintiff may only allege that the Appeal Authority’s decision was arbitrary, capricious, or illegal.

C.        The petition is barred unless it is filed within 30 days after the Appeal Authority’s decision is final.

D.       The Appeal Authority shall transmit to the reviewing court the record of its proceeding including it's minutes, findings, order and, if available, a true and correct transcript of its proceedings. If the proceeding was electronically recorded a transcript of that electronic recording is a true and correct transcript for purposes of this subsection.

E.        If there is a record, the district court's review is limited to the record provided by the Appeal Authority. The court may not accept or consider any evidence outside the Appeal Authority’s record unless that evidence was offered to the Appeal Authority and the court determines that it was improperly excluded by the Appeal Authority. If there is no record, the court may call witnesses and take evidence.

F.        The court shall affirm the decision of the Appeal Authority, if the decision is supported by substantial evidence in the record.

G.  Petitions      

1. The filing of a petition does not stay the decision of the Appeal Authority.
2. 
   
3. Before filing the petition, the aggrieved party may petition the Appeal Authority to stay its decision.
4. Upon receipt of a petition to stay, the Appeal Authority may order its decision stayed pending district court review, if the Appeal Authority finds it to be in the best interest of the municipality.
5. After the petition is filed, the petitioner may seek an injunction staying the Appeal Authority’s decision. 
6. Provisions of Utah State Code 10-9a-703 regarding appeals will be in effect.

A.       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 application.

B. 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 Appeal Authority shall have the power, upon an appeal filed with it by the owner of any such land, to authorize the granting of a permit for a building or structure or any part thereof, within any mapped street located in any case in which the Appeal Authority, upon the evidence, finds:

1. that 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
2. that 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 granting of such permit is required by consideration of justice and equity.

C. Before taking any such action, the Appeal Authority shall hold a public hearing thereon. In the event that the Land Use Appeal Authority decided 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.

D. Identical residential floor plans previously approved by the City may be submitted for expedited review, provided there are no changes to the structural, zoning, or design requirements.

E. The Building Inspector may withhold a permit only when the proposed structure fails to comply with current zoning or building codes. Permits shall not be withheld to compel compliance with unrelated ordinances or agreements.

F. Submission or approval of landscaping plans shall not be required as a condition of permit issuance except when necessary to address public health or safety.

Before any application for a variance or building permit shall be issued, the Appeal Authority shall give the governing body at least 15 days’ notice of the application. The governing body shall have the opportunity to respond and comment on the application within the 15 days.

Before any application for a variance or building permit shall be issued, the Appeal Authority shall give the governing body at least 15 days’ notice of the application. The governing body shall have the opportunity to respond and comment on the application within the 15 days.

In each instance where any person shall desire to have such change made, petition shall be made to the governing body definitely setting out such request and particularizing the change desired.

At the time the petition is filed, requesting change with respect to zoning or building or uses of land as contemplated by this part, there shall be paid to the treasurer a filing fee as set in the fee schedule, to cover all costs associated with the zone change. The recorder/clerk shall notify such petitioner of such charge for advertising and shall not proceed with the advertising until such charge has been paid.

The zoning change filing fee shall be based solely on the administrative cost to process the petition. Excessive or punitive fees are prohibited.

Such petition, together with any protests thereto, shall be referred to the planning commission for consideration and recommendation. The planning commission shall return such petition, together with its recommendation, to the governing body no later than thirty days after referral to it.

A. The Planning Commission shall prepare and recommend an annexation policy plan before any annexation may occur.

B. The plan shall include:

  1. A map of the proposed expansion area;

  2. Specific criteria to guide annexation decisions;

  3. Justification for excluding urban areas within 1/2 mile;

  4. A statement addressing comments from affected entities.

C. The Commission shall:

  1. Hold a public meeting with notice (Class A) to affected entities at least 14 days prior;

  2. Accept public input and make modifications as appropriate;

  3. Hold a public hearing with required notice;

  4. Submit the final plan to the City Council.

D. The City Council shall adopt, modify, or reject the plan in a public hearing with proper notice.

E. A copy of the adopted policy shall be submitted to each affected county within 30 days.