Construction permits are required as defined by the International Codes adopted for buildings, plumbing, mechanical, and electrical systems. Local building permits are not required for Federal buildings, State buildings, and School District buildings as defined in State and Federal statutes. County and City buildings constructed within the City boundaries are required to obtain a building permit.

No person, firm or corporation shall commence to construct, alter or move a building or structure, or to make a change in use of any land within the territory shown on the zone map which has been adopted as a part of this title without first submitting an application and obtaining a permit therefore from the Community Development Director or other authorized officer; provided, however, that permits for the moving of structures shall be granted only after complying with the requirements as set forth in Section 18.108.070 of this title. A permit shall also be required for the moving and/or improvement of moved-in homes, demountable homes, manufactured homes and similar movable structures.

A. The Community Development Director shall oversee, supervise and be responsible for the City’s planning department, building department and economic development department. B. The Community Development Director shall ensure that each department performs all duties and functions as set forth in State Code and City Code. C. The Community Development Director may perform any functions or duties in City Code that are allocated or assigned to the Planning Director, Planning Manager or Building Official if the Community Development Director is qualified and licensed to perform such functions or duties. D. The Community Development Director, with the advice and consent of the City Manager, may create positions within the planning department, building department and economic development department as needed, and may assign duties and responsibilities to such positions. E. The City Manager and City Council may assign other responsibilities to the Community Development Director.

A. Establishment of Appeal Authority.

1. The Mayor shall appoint the Appeal Authority with the advice and consent of the City Council. The Appeal Authority shall either be law trained or have significant experience with land use laws and the requirements and operations of administrative hearing processes. 2. The term of office shall be two years unless otherwise agreed upon in writing by both parties. 3. The Appeal Authority may be removed by the mayor for violation of this title or any policies and procedures adopted by the Community Development Director following receipt by the Mayor of a written complaint filed against the Appeal Authority. Removal of the Appeal Authority shall follow the policies of At Will employees in the City’s Personnel Policy. 4. 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. 5. The Appeal Authority shall receive compensation based on an agreement with the City Manager.

B. Organization and procedures. The Community Development Director shall adopt policies and procedures, consistent with the provisions of this section, for processing appeals, variances and requests for reasonable accommodations for persons with disabilities, the conduct for such hearings, and for any other purpose considered necessary to properly consider these applications.

C. Notice of Decision.

1. Record of Final Decision. After hearing the evidence and considering the application, the Appeal Authority shall make its written findings and have them entered in the minutes. 2. Notice of Decision. Upon a decision by the Appeal Authority, a notice of decision shall be mailed to the applicant at the address or e-mail address given in the application. A notice of decision can be a new written notice, a copy of the administrative approval form signed by the Community Development Director or designee, or a copy of the approved minutes. A decision by the approving authority is final at the time the notice of decision is issued in writing.

D. Powers and duties.

1. The Appeal Authority shall hear and decide:

a. Appeals from zoning decisions applying the zoning ordinance. b. Variances from the terms of the zoning ordinance. c. Requests for reasonable accommodations for persons with a disability.

2. The Appeal Authority shall not hear and decide:

a. Legislative Requests, including but not limited to the following:

i. Changes to uses in a zone ii. Changes to Text, Maps, or Elements of the General Plan, Zoning Ordinance, or Municipal Code iii. Variances to codified development processes.

b. Requests for a variance from, or to modify, agreements made by the City.

E. Appeals.

1. The applicant or any other person or entity adversely affected by a decision administering or interpreting the zoning ordinance may appeal that decision applying the zoning 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 zoning ordinance. 2. Any officer, department, board, or bureau of the City 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 zoning ordinance may appeal any decision to the Appeal Authority. 3. Such appeal shall be taken within ten calendar days from the date of the action appealed from by filing with the officer from whom the appeal is taken and with the Appeal Authority a notice of appeal specifying the ground thereof. 4. The City Staff from whom the appeal is taken shall transmit to the Appeal Authority all papers constituting the record upon which the action appealed from is taken. 5. The person or entity making the appeal has the burden of proving that an error has been made. 6. An Appeal Authority's land use decision is a quasi-judicial act. The Appeal Authority shall find whether an error has been made. The Appeal Authority shall review the matter only using the information gathered on the record from the Land Use Authority’s decision and decision-making process. New information will not be considered. The Appeal Authority may affirm, reverse, or modify the action appealed from as it seems just and equitable and exercise all rights of any other officer or commission. The Appeal Authority shall:

a. determine the correctness of the Land Use Authority's interpretation and application of the plain meaning of the land use regulations; and b. interpret and apply a land use regulation to favor a land use application unless the land use regulation plainly restricts the land use application.

7. Only administrative zoning decisions applying the zoning ordinance may be appealed to the Appeal Authority. Appeals may not be used to waive or modify the terms or requirements of this title. 8. The Standard of review for appeals is De Novo.

F. Variances.

1. Any person or entity desiring a waiver or modification of the requirements of this title 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 this title. 2. The Appeal Authority may grant a variance only if all five of the following conditions are met:

a. Literal enforcement of this title would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of this title. 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 properties 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 this title is observed and substantial justice done.

3. In determining whether enforcement of this title would cause unreasonable hardship under subsection (2) of this section, 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.

a. In determining whether or not enforcement of this title would cause unreasonable hardship under subsection (2) of this section, the Appeal Authority may not find an unreasonable hardship if the hardship is self-imposed or economic.

4. In determining whether or not there are special circumstances attached to the property under subsection (2) of this section, the Appeal Authority 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.

5. The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met. 6. Variances run with the land. 7. The Appeal Authority and any other body may not grant use variances. 8. In granting a variance, the Appeal Authority may impose additional requirements on the applicant that will:

a. Mitigate any harmful effects of the variance; or b. Serve the purpose of the standard or requirement that is waived or modified.

G. District court review. Any person adversely affected by any decision of the Appeal Authority may petition the district court for a review of the decision. Petitions for appeal to the district court shall be made within 30 days of the Appeal Authority’s decision, or as otherwise outlined by Utah State Code (UCA 10-9a part 8 et seq.).

H. Stay of decision: The Appeal Authority may stay the issuance of any permits or approvals based on its decision for thirty (30) days or until the decision of the district court in any appeal of the decision.

18.12.105.Planning Commission Created and Membership A. There is created a Planning Commission within and for the City to be known as The Planning Commission.

B. The Commission shall consist of seven voting members, plus two non-voting alternates. Alternates shall vote in the event that said alternates participates on the Commission in place of voting members. All members shall be appointed by the Mayor with the consent of the City Council from among qualified electors of the City. Members shall be selected without respect to political affiliation and may receive compensation per City Policy.

The Planning Commission shall have the following powers and duties:

A. Hear and recommend amendments to Titles 18 of the Heber City Code;

B. Hear and recommend amendments to the General Plan;

C. Other such direct or indirect duties and powers as defined in said Titles 18, the City Code, the State Code and as may be designated by the City Council.

A. A. Term of Office. The terms of office for the appointive members of such Commission shall be two, four, and six years. Two shall be appointed for two years, two shall be appointed for four years, and three shall be appointed for six years. The term of office for the alternate(s) shall be for two years. Thereafter, the terms of office for each appointive member, except for the alternate(s), shall be six years. Vacancies occurring otherwise than through the expiration of term shall be filled by appointment by the Mayor, with the consent of the City Council.

B. B. Organization. The Planning Commission shall elect from its membership a chairman and vice chairman and shall adopt rules for its own organization and for the transaction of business not in conflict with ordinances or laws. It shall also keep a public record of its proceedings according to the Utah Open and Public Meetings Act.

C. Removal from Office. Any appointive officer may, at any time, be removed from office by the action of the appointive power with the concurrence of a majority of all the City Council, or of a majority of all the City Council with the concurrence of the appointive power.

The city council, after a recommendation from the planning commission, may amend the number, shape, boundaries, or area of any zone; any regulation of or within the zone; the general plan, or any other provisions of this title. Amendments may be initiated by the city council, the planning commission, or by one or more owners of property affected by the proposed amendment. Unless initiated by the city council or planning commission, no amendment shall be considered without evidence of the acquiescence therein of the owners of the property involved.

A. The amendments may only occur in accordance with the following procedure:

1. Submission. Any person, including staff, the planning commission or city council, seeking an amendment to this title, the zoning map or the general plan shall submit to the planning commission, on application forms provided by the city, generally including the following:

a. A description of the specific amendment to this title or zoning map. b. The reason and justification for the proposed amendment addressing all of the following:

i. How the proposed amendment would further the purpose and intent of this title; ii. How the proposed zoning amendment is consistent with the general plan; iii. How the proposed amendment meets the needs and policy of the city as expressed by the legislative body in stated goals and objectives found in the general plan.

B. After receipt of a copy of any amendment from the planning commission held at a public hearing and before adopting any amendment, the city council may set the matter for a public hearing or public meeting.

C. After the public meeting or hearing, the city council may:

1. Adopt the amendment as proposed; 2. Modify the amendment and adopt or reject the amendment; or 3. Reject the amendment.

D. In case an application from a petitioner for a change of zone is denied, a new application for the same zoning change affecting the same property shall not be eligible for reconsideration for one year subsequent to such denial.

E. City Council denial of an application to amend the general plan shall preclude a person from filing another application covering substantially the same subject or property, or any portion thereof, for one year from the date of the disapproval. This section shall not limit the City Council, planning commission, or authorized city staff from initiating a general plan amendment at any time.

A. The provisions of Chapter 41, Title 17 of Utah State Code et seq. shall govern the process for creating, removing, or adding to an APA in Heber City. State Code shall also govern the extent or limit to which an APA benefits any particular property.

B. The Heber City Planning Commission shall serve as the recommending Advisory Board in consideration of APAs.

C. There shall be at least five (5) contiguous acres in each APA.

D. Properties shall be located within a Residential Agriculture or Agricultural Zone to qualify to be part of an APA.

E. Once established, an APA shall be shown upon the City’s Zoning Map.

1. Where a parcel of land at the time of adoption of the ordinance codified in this Title is at least one and eight-tenths times as wide and one and eight-tenths times as large in area as required for a lot in the zone, the planning commission may permit the division of a parcel into two lots provided: 
   1. Such division will not cause undue concentration of buildings; 
   2. The characteristics of the zone in which the lot is located will be maintained; 
   3. In the opinion of the planning commission, values in the area will be safeguarded; 
   4. To meet and preserve the requirements of 1, 2, 3, the Planning Commission may impose certain restrictions. Those restrictions will constitute a covenant running with the land and shall be approved in writing by the owner and recorded against the property in the Wasatch County Recorder's Office. 
2. Neighborhood Infill lots shall not be eligible for consideration pursuant to this Section. All Neighborhood Infill lots shall meet the minimum requirements of Section 18.83.040.