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Fillmore City Zoning Code

CHAPTER 3

ADMINISTRATION AND ENFORCEMENT

10-3-1: AMENDMENTS TO THIS TITLE OR MAP:

Amendments to this title shall be made in the following manner:
   A.   Application: An applicant must file a written request for amendment with the Planning and Zoning Administrator. 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 resolution, 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 reasons for the amendment. If the request is for rezoning, then a written statement addressing the criteria required for approval pursuant to subsection E of this section shall be provided.
   B.   Hearing 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 Planning and Zoning Administrator 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 section 10-3-13 of this chapter. 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.
   C.   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.
   D.   Hearing Before City Council: The City Council shall hold a public hearing on all proposed amendments to this title or the Land Use Zoning Map forwarded from the Planning Commission. Notice of the public hearing shall be consistent with subsection B of this section.
   E.   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 City General Plan and that the applicant has demonstrated that the:
      1.   Proposed rezoning is necessary either to comply with the 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 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.
   F.   Temporary Or Emergency Zoning: 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.
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. 19-07, 9-3-2019)

10-3-2: REVIEWING BODIES:

The Planning and Zoning Administrator (P&Z Administrator), the Planning Commission (PC), the City Council (CC), and the Appeals Authority (AA) each have the following primary authority to review applications for compliance with this title:
TABLE 10-3-2
REVIEWING BODIES
A - Appeal, D - Decision, R - Review
Type Of Review
P&Z
PC
CC
AA
TABLE 10-3-2
REVIEWING BODIES
A - Appeal, D - Decision, R - Review
Type Of Review
P&Z
PC
CC
AA
Business license
R & D
A
Administrative conditional use
R & D
A
Conditional use
R
D
A
Line adjustment
Lot line
R
R
D
A
Type Of Review
P&Z
PC
CC
AA
Parcel boundary
R & D (Only if one of the parcels includes a dwelling pursuant to Utah Code Ann. § 10-9a-523(3) to ensure utility lines, set-backs, etc., are not affected)
A
MPD
R
R
D
A
Noncomplying structure
R & D
A
Nonconforming use
R & D
A
Plat amendment
R
R
D
A
Subdivision/condo
R
R
D
A
Title 10/map amendment
R
R
D
A
Variance
R & D
A
All other land use decisions
R
R
D
A
 
   A.   Building Permit Required: No building permit shall be valid for any structure unless the permit for the proposed structure has been submitted to and have been approved by the Planning and Zoning Administrator.
   B.   Uses: No new use shall be valid on any property unless the use is allowed in the zone, or un-less a conditional use permit has been properly issued for the use.
   C.   Subdivisions: No subdivision map shall be recorded unless all conditions of subdivision ap-proval have been satisfied or otherwise secured.
   D.   Planning And Zoning Administrator Authority: The Planning and Zoning Administrator 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 Planning and Zoning Administrator may process one application at a time, per property, or may process coordinated applications simultaneously. The Administrator may issue administrative conditional use permits, as a Land Use Authority, or may recommend to the Planning Com-mission certain conditions of approval to applications for conditional use permits.
   E.   Permits, Business Licenses: The Planning Commission issues permits for allowed uses, administrative lot line adjustments and conditional uses, and the building official issues building permits. The City Council issues business licenses.
   F.   Planning Commission Reviews: 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, mas-ter planned developments, and amendments to this title.
   G.   Board Of Adjustment: The Board of Adjustment hears all requests for variances.
   H.   Payment Of Fees: No review shall occur until all applicable fees are paid. (Ord. 19-07, 9-3-2019; amd. Ord. 23-11, 7-6-2023)

10-3-3: ALLOWED USE REVIEW:

   A.   Plan Review Process: The following process and those outlined in chapter 18, article A of this title, applies to all applications for new development.
   B.   Initial Contact: An applicant for new development shall contact the Planning and Zoning Administrator to discuss the scope and purpose of the proposed development and the requirements of this title, 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.
   C.   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 title;
      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 (81/2" x 11") or eleven inches by seventeen inches (11" x 17") and shall include the following:
         a.   Location and height of existing and proposed structures within the proposed development and within two hundred feet (200') of the proposed development;
         b.   Location of fire hydrants and streetlights within two hundred fifty feet (250') of the proposed development;
         c.   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;
         d.   North arrow;
         e.   Proposed buildings, parking areas, drive aisle widths, road or driveway lengths and landscaped areas. Indicate number and layout of proposed parking spaces;
         f.   Locations of access, curb cuts, gutters, sidewalks and proposed driveways as well as proposed circulation pattern;
         g.   Public improvements and dedications;
         h.   Location and design of proposed walls, landscaping and exterior lighting;
         i.   Phasing plan, if any;
         j.   Description and hours of intended uses; and
         k.   Payment of the application fee set by fee resolution.
   D.   Residential Site Plan Review: 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.   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.
   E.   Commercial Site Plan Review (Not An MPD Or 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 City officials.
   F.   Building Permit: Upon approval of the building and site plan drawings, and payment of all applicable fees, the building official shall issue a building permit to the applicant.
   G.   Inspections: The building official or other designated official shall inspect the project during construction through its completion to verify conformance with approved plans.
   H.   Rejected Uses: If an application does not meet the criteria set forth above, the Planning and Zoning Administrator shall notify the applicant stating specifically which criteria have not been satisfied.
   I.   Disclaimer: No permit shall be valid if any of the criteria listed in this section has not been met. (Ord. 19-07, 9-3-2019)

10-3-4: CONDITIONAL USE/ADMINISTRATIVE CONDITIONAL USE REVIEW:

There are certain uses that, because of unique characteristics or the potential for detrimental impacts, may not be compatible in some areas of a zone or may be compatible only if certain conditions are imposed. The Planning and Zoning Administrator will evaluate all conditional use permit applications. The Planning and Zoning Administrator may issue administrative conditional use permits or may recommend to the Planning Commission certain conditions of approval to applications for conditional use permits. The Planning and Zoning Administrator and the Planning Commission shall review all applications for a conditional use permit according to the following procedure:
   A.   Development Review Committee: If determined necessary by the Planning and Zoning Administrator, an applicant shall attend a preapplication conference with the Planning and Zoning Administrator and other City staff or departments to discuss the proposed improvements associated with the conditional use and the conditions that the staff would recommend to mitigate proposed adverse impacts. This meeting will allow other City departments to provide comments on the application.
   B.   Fees; Complete Application: An applicant must pay all appropriate fees and must file a complete application.
   C.   Public Hearing: Upon receipt of a complete application, the Planning and Zoning Administrator shall provide reasonable notice as provided in section 10-3-8 of this chapter. The Planning Commission may conduct a public hearing on the conditional use permit application and shall either approve, deny or modify and approve the application.
   D.   Standards For Review: The City shall not issue a conditional use permit unless the Planning and Zoning Administrator, in the case of an administrative conditional use, or the Planning Commission, for all other conditional uses, concludes that the application complies with the standards of review specific to the zone in which the use is proposed.
   E.   Transferability: A conditional use permit runs with the land.
   F.   Expiration: Unless otherwise indicated in the final conditions, conditional use permits shall expire one year from the date of initial approval, unless the conditionally permitted use has commenced on the site.
   G.   Annual Review: The Planning and Zoning Administrator may review conditional use permits on an annual basis for compliance with all final conditions of approval.
   H.   Revocation: If the Planning and Zoning Administrator or the building official determines that the holder of a conditional use permit is in violation of the terms or conditions upon which the permit was issued, the City Recorder shall notice the permit holder and schedule a hearing before the Planning Commission, at which the permit holder must show cause to the Planning Commission why the conditional use permit should not be revoked. If the Planning Commission determines that the terms or conditions of the permit have been violated, it shall cause the permit holder to specify how the holder will promptly comply with the terms and conditions of the permit, or it shall revoke the permit.
   I.   Appeals: Appeals must be pursuant to section 10-3-11 of this chapter. (Ord. 19-07, 9-3-2019)

10-3-5: MASTER PLANNED DEVELOPMENT REVIEW:

Each master planned development application shall be signed by all owners of record, shall be processed as a conditional use and shall satisfy all conditional use permit criteria outlined in the zone and the standards in chapter 18, article A of this title.
   A.   Application: The application shall include:
      1.   A statement of the present and contemplated ownership, with current and proposed tenants;
      2.   A legal description of the land, including all recorded and unrecorded real property interests in the land;
      3.   A proposed development schedule or phasing plan;
      4.   A mailing list of all property owners within three hundred feet (300') of the MPD boundary; and
      5.   A statement of the development objectives, including proposed uses, parking requirements, height variances or density bonuses requested.
   B.   Development Agreement: In conjunction with the approval for any master planned development, the owner shall execute a development agreement, to the satisfaction of the City Attorney and City Council, in which the owner agrees to comply with the provisions of the conditional use permit for the master planned development and provides security, to the satisfaction of the City Attorney and City Council, for all on and off site public improvements associated with the master planned development. (Ord. 19-07, 9-3-2019)

10-3-6: SIGN PERMIT REVIEW:

This title regulates signs to the maximum extent allowed by law.
   A.   Exceptions: The following signs are not regulated by this title:
      1.   Signs of a governmental nature for the control of traffic and other regulatory purposes, such as street signs, danger signs, railroad crossing signs and signs of public service companies indicating danger and aids to service or safety;
      2.   Signs which are associated with public and quasi-public organization functions which are clearly of a temporary nature;
      3.   Interior signs;
      4.   Flags, emblems or insignias of any nation or political subdivision;
      5.   Signs not exceeding one square foot in area and bearing only property numbers, post box numbers or names of occupants of premises;
      6.   Legal notices, identification information or directional signs erected by governmental bodies;
      7.   Commemorative plaques of recognized historical agencies, or identification emblems or symbols of religious orders; provided, that no such plaque, symbol or identification emblem exceeds three (3) square feet in area, and such that the plaque, symbol or emblem be placed flat against a building; and
      8.   Existing signage, which has been previously approved, shall not be required to comply with this title insofar as the initial installation is concerned. All other requirements are in force.
   B.   Nonconforming Signs: A nonconforming sign shall not be reconstructed, raised, moved, placed, extended or enlarged unless said sign is changed so as to conform to all provisions of this title. Alterations shall not be interpreted to include changing the text or copy of off premises advertising signs, theater signs, outdoor bulletins or other similar signs which are designed to accommodate changeable copy.
   C.   Prohibited Signs: Prohibited signs are Class C misdemeanors, subject to penalty as provided in title 1, chapter 4 of this Code. The nonconforming sign provisions of this title shall not be applicable to prohibited signs.
   D.   Permits: Except as provided in this title, it is unlawful to display, erect, relocate or alter any sign without first submitting a sign permit application to the Planning and Zoning Administrator in writing and obtain a recommendation for a sign permit from the Planning Commission. When a City sign permit has been issued, it is unlawful to change, modify, alter or otherwise deviate from the terms or conditions of said permit without prior approval of the building official and the Planning and Zoning Administrator. A written record of such approval shall be entered upon the original permit application and maintained in the files of said City official. The application for a sign permit shall be made by the owner or tenant of the property on which the sign is to be located, or his/her authorized agent, or a licensed sign contractor and shall be accompanied by the following plans and other information:
      1.   The name, address and telephone number of the owner or persons entitled to possession of the sign or control of the same and of the sign contractor or erector;
      2.   The location by street address of the proposed sign structure;
      3.   A site plan and elevation drawings of the proposed sign, caption of the proposed sign and elevations of building facades if the application is for a wall sign. The site plan shall include the proposed location of the sign in relation to the face of the building or to the boundaries of the lot on which it is situated;
      4.   Plans for freestanding signs requiring a building permit shall indicate the scope and structural detail of the work to be done, including details of all connections, guy lines, supports and footings, and materials to be used, stamped by a professional engineer licensed in the State;
      5.   Application for, and required information for such application, and for an electrical permit for all electric signs if the person building the sign is to make the electrical connection;
      6.   A statement of sign value as personal property.
   E.   Exempt Sign Changes: The following changes do not require a sign permit:
      1.   The changing of the advertising copy or message of signs specifically designed for the use of replaceable copy;
      2.   Electrical maintenance, repainting or cleaning maintenance of a sign;
      3.   The repair of a sign;
      4.   Real estate signs no larger than six (6) square feet;
      5.   Nameplate signs.
   F.   Traffic Hazards: Signs or other advertising structures shall not be erected at the intersection of any streets or driveways in such manner as to obstruct free and clear vision; or at any location where by reason of the position, shape or color, it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal device, or make use of words, phrases, symbols or characters in such manner as to interfere with, mislead or confuse vehicle operators.
      1.   At intersecting streets and within the clear view area, there shall be no signs allowed, unless a sign is less than four feet (4') in height as measured from the average grade of the intersecting streets.
      2.   For signs over pedestrianways, and after an encroachment permit has been obtained, the clearance between the ground and the bottom of any projecting sign shall not be less than seven feet (7').
      3.   For signs over driveways for vehicular traffic, the minimum clearance shall be fourteen feet (14').
   G.   Signs Over Public Property: No sign shall be located on publicly owned land or inside street rights-of-way, except signs required and erected by permission of an authorized public agency. This restriction shall include, but not be limited to, handbills, posters, advertisements or notices that are fastened, placed, posted, painted or attached in any way upon any curbstone, lamp post, telephone pole, electric light or power pole, hydrant, bridge, tree, rock, sidewalk or street. No projecting sign attached to a building shall project over public property more than four feet (4') and in no case be closer than four feet (4') to curb line or edge of street, whichever is more restrictive. Ground signs must be set back at least eighteen inches (18") from any public right-of-way. (Ord. 19-07, 9-3-2019)

10-3-7: TELECOMMUNICATIONS REVIEW:

All telecommunications regulations apply to both commercial and private low power radio services and facilities, such as cellular or PCS communications and paging systems.
   A.   Telecommunications Signs: Signs shall only be permitted if they are related to the health and safety of the general public. All proposed signs shall be submitted with the telecommunications facility application and are subject to review by the Planning Commission.
   B.   Removal: The building official is empowered to require an unmaintained or abandoned low power radio services antenna to be removed from the building or premises when that antenna has not been repaired or put into use by the owner, the person having control, or the person receiving the benefit of the structure within thirty (30) calendar days after notice is given to the owner, the person having control, or the person receiving the benefit of the structure.
   C.   Abandonment: The applicant, or applicant's successor and/or assign, shall be responsible for the removal of unused telecommunications facilities within twelve (12) months of abandonment of use. If such tower is not removed by the property owner, then the City may employ all legal measures, including as necessary, obtaining authorization from a court of competent jurisdiction, to remove the tower, and after removal may place a lien on the subject property for all direct and indirect costs incurred in dismantling and disposal of the tower, including court costs and reasonable attorney fees. (Ord. 19-07, 9-3-2019)

10-3-8: NOTICE:

The City shall notice all public hearings and public meetings that are required by this title according to the requirements of Utah Code Annotated section 10-9a-201 et seq., or any successor provision. (Ord. 19-07, 9-3-2019)

10-3-9: TERMINATION OF PROJECTS FOR INACTION:

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 Planning and Zoning Administrator'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. 19-07, 9-3-2019)

10-3-10: LICENSES, PERMITS VOID:

Licenses or permits issued in violation of this title, or based on fraudulent information, are null and void. (Ord. 19-07, 9-3-2019)

10-3-11: APPEALS AND RECONSIDERATION PROCESS:

The applicant, staff, or any other person with standing to challenge a decision administering or interpreting this title may appeal the decision as follows:
   A.   Zoning Interpretation And Administration: All City decisions which interpret or administer this title, may be appealed to the authority shown in the table at section 10-3-2 of this chapter within ten (10) days of final action, by filing notice of appeal with the City Recorder.
   B.   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.
   C.   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.
   D.   Form Of Appeals: Appeals must be filed with the Planning and Zoning Administrator 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.
   E.   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.
   F.   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 Planning and Zoning Administrator;
      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.
   G.   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 Chairperson of the Planning Commission, together with the date set by the Council for consideration of the merits of the matter. The Recorder shall also provide notice as required by subsection H of this section. In calling a matter up, the Council may limit the scope of the hearing to certain issues.
   H.   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.
   I.   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.
   J.   Appeal From The City Council: The applicant or any person aggrieved by City action on the project may appeal from the final action of the Board of Adjustment 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.
   K.   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. 19-07, 9-3-2019)

10-3-12: CONSTITUTIONAL TAKINGS REVIEW AND APPEAL:

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:
   A.   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 subsection B of this section. 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.
   B.   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.
   C.   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 subsection B of this section. 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.
   D.   Takings Appeal Board: There is hereby created a three (3) member Takings Appeal Board. The Mayor shall appoint three (3) current members of the Board of Adjustment to serve on the Takings Appeal Board. If, at any time, three (3) members of the Board of Adjustment cannot meet to satisfy the time requirements stated in subsection C of this section, the Mayor shall appoint a member or sufficient members to fill the vacancies. (Ord. 19-07, 9-3-2019)

10-3-13: NOTICE MATRIX:

Land Use Description
Time
Notice Type
Land Use Description
Time
Notice Type
Preparation, adoption or amendments of General Plan
A. Upon inception of the initial process to generally plan or the process for any comprehensive plan amendment.
B. 10 days prior to first public hearing.
C. 24 hours' notice of each public meeting.
A.   Notice mailed or e-mailed to:
1.   Affected entities;
2.   AOG;
3.   State Planning Coordinator;
4.   Automated Geographic Reference Center (AGRC).
B.   As required by Utah Code Ann. § 10-9a-204, or any successor statute.
C.   As required by Utah Code Ann. § 10-9a-204, or any successor statute.
Adoption or amendments of Land Use Ordinance
A. 10 days prior to first public hearing; or
B. 24 hours' notice of each public meeting.
A.   As required by Utah Code Ann. § 10-9a-205, or any successor statute.
B.   As required by Utah Code Ann. § 10-9a-205, or any successor statute.
Annexation Policy Plan
A. 14 days prior to first public meeting or hearing.
B. 14 days prior to first public hearing.
C. 30 days after adoption.
A.   As required by Utah Code Ann. 10-2-401 et seq., or any successor statute.
B.   As required by Utah Code Ann. 10-2-401 et seq., or any successor statute.
C.   Copy to County.
Appeal of permit decision
 
Notice must be given to applicant 10 days prior to hearing.
Conditional use permit
See Land use application.
 
Land use application
 
Notify the applicant of the date, time and place of each public hearing and public meeting and of any final action on a pending application and to the record owner of each parcel within specified parameters of that property if designated by this title.
Nonconforming uses/noncomplying structures
See Land use application.
 
Subdivision plat amendment or approval
10 days prior to public hearing.
As required by Utah Code Ann. §§ 10-9a-207 and 10-9a-601 et seq., or any successor statutes.
Termination of project for inaction
 
14 days' notice to applicant.
Vacation, alteration or amendment to platted streets
10 days prior to public hearing.
As required by Utah Code Ann. §§ 10-9a-208 and 10-9a-601 et seq., or any successor statutes..
Variances
See Land use application.
 
 
(Ord. 19-07, 9-3-2019; amd. Ord. 20-04, 2020; Ord. 21-13, - -2021)

10-3-14: PENALTY:

Unless otherwise provided, 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 subject to penalty as provided in title 1, chapter 4 of this Code.
   A.   Civil Action: In addition, the City shall be entitled to bring a civil action to enjoin and/or abate the continuation of the violation.
   B.   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. 19-07, 9-3-2019)