- PLANNING DOCUMENTS
The purpose of this chapter is to identify planning documents which provide the policy foundation for this title and to set forth the basis for preparing, adopting, and amending such plans.
(Adopted by Ord. 2007-02 on 7/11/2007)
A.
Purpose: In order to accomplish the purposes set forth in chapter 1 of this title, and as required under section 10-9a-401 of the Utah code, the city has prepared and adopted a comprehensive, long range general plan for present and future needs of the city, and growth and development of the land within the city.
B.
Content: The general plan shall show the city's recommendations for development of the territory covered by the plan, and may consist of text, maps, charts, and descriptive and explanatory matter. Except as otherwise set forth in this section, the city council shall determine the comprehensiveness, extent, and format of the general plan.
1.
The general plan shall include:
a.
A land use element that:
(1)
Designates the long-term goals and the proposed extent, general distribution, and location of land for housing, business, industry, agriculture, recreation, education, public buildings and grounds, open space, and other categories of public and private uses of land as appropriate; and
(2)
May include a statement of the projections for and standards of population density and building intensity recommended for the various land use categories covered by the plan.
b.
A transportation and traffic circulation element consisting of the general location and extent of existing and proposed freeways, arterial and collector streets, mass transit, and any other modes of transportation, all correlated with the population projections and the proposed land use element.
2.
The general plan may include:
a.
An environmental element that addresses:
(1)
The protection, conservation, development, and use of natural resources, including the quality of air, forests, soils, rivers and other waters, wildlife, minerals, and other natural resources; and
(2)
The reclamation of land, flood control, prevention and control of the pollution of streams and other waters, regulation of the use of land on hillsides, stream channels and other environmentally sensitive areas, the prevention, control, and correction of the erosion of soils, protection of watersheds and wetlands, and the mapping of known geologic hazards.
b.
A public services and facilities element showing general plans for sewage, waste disposal, drainage, local utilities, rights of way, easements, and facilities for them, police and fire protection, and other public services.
c.
A rehabilitation, redevelopment, and conservation element consisting of plans and programs for:
(1)
Historic preservation;
(2)
Diminution or elimination of blight; and
(3)
Redevelopment of land, including housing sites, business and industrial sites, and public building sites.
d.
An economic element composed of appropriate studies and forecasts, as well as an economic development plan, which may include review of existing and projected municipal revenue and expenditures, revenue sources, identification of basic and secondary industry, primary and secondary market areas, employment, and retail sales activity.
e.
Recommendations for implementing all or any portion of the general plan, including land use ordinances, capital improvement plans, community development and promotion, and any other appropriate action.
f.
Provisions addressing any of the matters listed in subsection 10-9a-401(2) of the Utah code.
g.
Any other element the city considers appropriate.
C.
Amendment of Plan: The general plan may be amended by following the procedures set forth in this section.
1.
Persons wishing to propose a general plan amendment shall file their proposals and shall pay any fee established by the city's adopted fee schedule. Notwithstanding the foregoing, the city council may at any time, by majority vote, authorize preparation of proposed general plan amendments.
2.
A person who proposes a general plan amendment shall do the survey and analysis work necessary to justify the proposed amendment. To ensure sufficient information is provided to evaluate each proposal, an applicant shall submit the following information:
a.
For map amendments:
(1)
Eight and one-half inch by eleven-inch (8 1 / 2 " x 11") map showing the area of the proposed amendment;
(2)
Current copy of county assessor's parcel map showing the area of the proposed amendment;
(3)
Mapped inventory of existing land uses within the area of the proposed amendment and extending one-half ( 1 / 2 ) mile beyond such area;
(4)
Correct property addresses of parcels included within the area of the proposed amendment;
(5)
Written statement specifying the potential use of property within the area of the proposed amendment;
(6)
Written statement explaining why the existing general plan designation for the area is no longer appropriate or feasible;
(7)
Analysis of the potential impacts of the proposed amendment on existing infrastructure and public services such as traffic, streets, intersections, water and sewer, storm drains, electrical power, fire protection, garbage collection, etc.; and
(8)
As part of the general plan map amendment process, the applicant shall attempt to collect the signature of the property owner or authorized agent or, in the case of amendments affecting multiple properties, the signatures of a majority of the persons who own property within the area proposed for the general plan map amendment.
b.
For text amendments:
(1)
Written statement showing the desired language change;
(2)
Written statement explaining why the existing general plan should be amended;
(3)
Analysis of the potential impacts of the proposed amendment; and
(4)
Map showing affected areas if proposed text changes will affect specific geographic areas.
3.
After completing its recommendation regarding a proposed general plan amendment, the planning commission shall schedule and hold a public hearing on the proposed amendment as provided in subsection 10-5-4C of this title at least ten (10) days before the public hearing. After the public hearing, the planning commission may modify the proposed amendment and shall then forward the proposed amendment to the city council for consideration.
D.
Council Action: The city council may make any revisions to the proposed general plan amendment that it considers appropriate and may thereafter adopt or reject the proposed amendment. If the city council rejects the proposed general plan amendment, it may provide suggestions to the planning commission for consideration.
E.
Effect of Plan on Public Uses: After adoption of the general plan, no street, park, or other public way, ground, place, or space, no publicly owned building or structure, and no public utility, whether publicly or privately owned, may be constructed or authorized until and unless it conforms to the current general plan.
F.
Legal Status of Plan: The general plan is only an advisory guide for growth and development of the land within the city.
(Adopted by Ord. 2007-02 on 7/11/2007)
A.
Authorized: The city council may adopt an official map. An official map does not:
1.
Require a landowner to dedicate and construct a street as a condition of development approval, except under circumstances provided in subsection B,3 of this section; or
2.
Require a municipality to immediately acquire property it has designated for eventual use as a public street.
B.
Property Acquisition: This section does not prohibit the city from:
1.
Acquiring property through purchase, gift, voluntary dedication, or eminent domain.
2.
Requiring dedication and improvement of a street if the street is found necessary by the city because of a proposed development and if:
a.
An essential link exists between a legitimate governmental interest and each exaction; and
b.
Each exaction is roughly proportionate, both in nature and extent, to the impact of the proposed development.
3.
Recommending that an applicant consider and accommodate the location of proposed streets in the planning of a development proposal in a manner that is consistent with subsection B,2 of this section.
(Adopted by Ord. 2007-02 on 7/11/2007)
A.
Capital Facilities Availability: In the event capital facilities are unavailable to serve a proposed development project subject to the requirements of this title, the capital facilities plan adopted pursuant to chapter 32 of this title shall be used as a guide to determine when needed capital facilities may be available.
B.
Capital Facilities Plan Preparation: A capital facilities plan shall be prepared as provided in section 11-36-201 of the Utah code.
(Adopted by Ord. 2007-02 on 7/11/2007)
- PLANNING DOCUMENTS
The purpose of this chapter is to identify planning documents which provide the policy foundation for this title and to set forth the basis for preparing, adopting, and amending such plans.
(Adopted by Ord. 2007-02 on 7/11/2007)
A.
Purpose: In order to accomplish the purposes set forth in chapter 1 of this title, and as required under section 10-9a-401 of the Utah code, the city has prepared and adopted a comprehensive, long range general plan for present and future needs of the city, and growth and development of the land within the city.
B.
Content: The general plan shall show the city's recommendations for development of the territory covered by the plan, and may consist of text, maps, charts, and descriptive and explanatory matter. Except as otherwise set forth in this section, the city council shall determine the comprehensiveness, extent, and format of the general plan.
1.
The general plan shall include:
a.
A land use element that:
(1)
Designates the long-term goals and the proposed extent, general distribution, and location of land for housing, business, industry, agriculture, recreation, education, public buildings and grounds, open space, and other categories of public and private uses of land as appropriate; and
(2)
May include a statement of the projections for and standards of population density and building intensity recommended for the various land use categories covered by the plan.
b.
A transportation and traffic circulation element consisting of the general location and extent of existing and proposed freeways, arterial and collector streets, mass transit, and any other modes of transportation, all correlated with the population projections and the proposed land use element.
2.
The general plan may include:
a.
An environmental element that addresses:
(1)
The protection, conservation, development, and use of natural resources, including the quality of air, forests, soils, rivers and other waters, wildlife, minerals, and other natural resources; and
(2)
The reclamation of land, flood control, prevention and control of the pollution of streams and other waters, regulation of the use of land on hillsides, stream channels and other environmentally sensitive areas, the prevention, control, and correction of the erosion of soils, protection of watersheds and wetlands, and the mapping of known geologic hazards.
b.
A public services and facilities element showing general plans for sewage, waste disposal, drainage, local utilities, rights of way, easements, and facilities for them, police and fire protection, and other public services.
c.
A rehabilitation, redevelopment, and conservation element consisting of plans and programs for:
(1)
Historic preservation;
(2)
Diminution or elimination of blight; and
(3)
Redevelopment of land, including housing sites, business and industrial sites, and public building sites.
d.
An economic element composed of appropriate studies and forecasts, as well as an economic development plan, which may include review of existing and projected municipal revenue and expenditures, revenue sources, identification of basic and secondary industry, primary and secondary market areas, employment, and retail sales activity.
e.
Recommendations for implementing all or any portion of the general plan, including land use ordinances, capital improvement plans, community development and promotion, and any other appropriate action.
f.
Provisions addressing any of the matters listed in subsection 10-9a-401(2) of the Utah code.
g.
Any other element the city considers appropriate.
C.
Amendment of Plan: The general plan may be amended by following the procedures set forth in this section.
1.
Persons wishing to propose a general plan amendment shall file their proposals and shall pay any fee established by the city's adopted fee schedule. Notwithstanding the foregoing, the city council may at any time, by majority vote, authorize preparation of proposed general plan amendments.
2.
A person who proposes a general plan amendment shall do the survey and analysis work necessary to justify the proposed amendment. To ensure sufficient information is provided to evaluate each proposal, an applicant shall submit the following information:
a.
For map amendments:
(1)
Eight and one-half inch by eleven-inch (8 1 / 2 " x 11") map showing the area of the proposed amendment;
(2)
Current copy of county assessor's parcel map showing the area of the proposed amendment;
(3)
Mapped inventory of existing land uses within the area of the proposed amendment and extending one-half ( 1 / 2 ) mile beyond such area;
(4)
Correct property addresses of parcels included within the area of the proposed amendment;
(5)
Written statement specifying the potential use of property within the area of the proposed amendment;
(6)
Written statement explaining why the existing general plan designation for the area is no longer appropriate or feasible;
(7)
Analysis of the potential impacts of the proposed amendment on existing infrastructure and public services such as traffic, streets, intersections, water and sewer, storm drains, electrical power, fire protection, garbage collection, etc.; and
(8)
As part of the general plan map amendment process, the applicant shall attempt to collect the signature of the property owner or authorized agent or, in the case of amendments affecting multiple properties, the signatures of a majority of the persons who own property within the area proposed for the general plan map amendment.
b.
For text amendments:
(1)
Written statement showing the desired language change;
(2)
Written statement explaining why the existing general plan should be amended;
(3)
Analysis of the potential impacts of the proposed amendment; and
(4)
Map showing affected areas if proposed text changes will affect specific geographic areas.
3.
After completing its recommendation regarding a proposed general plan amendment, the planning commission shall schedule and hold a public hearing on the proposed amendment as provided in subsection 10-5-4C of this title at least ten (10) days before the public hearing. After the public hearing, the planning commission may modify the proposed amendment and shall then forward the proposed amendment to the city council for consideration.
D.
Council Action: The city council may make any revisions to the proposed general plan amendment that it considers appropriate and may thereafter adopt or reject the proposed amendment. If the city council rejects the proposed general plan amendment, it may provide suggestions to the planning commission for consideration.
E.
Effect of Plan on Public Uses: After adoption of the general plan, no street, park, or other public way, ground, place, or space, no publicly owned building or structure, and no public utility, whether publicly or privately owned, may be constructed or authorized until and unless it conforms to the current general plan.
F.
Legal Status of Plan: The general plan is only an advisory guide for growth and development of the land within the city.
(Adopted by Ord. 2007-02 on 7/11/2007)
A.
Authorized: The city council may adopt an official map. An official map does not:
1.
Require a landowner to dedicate and construct a street as a condition of development approval, except under circumstances provided in subsection B,3 of this section; or
2.
Require a municipality to immediately acquire property it has designated for eventual use as a public street.
B.
Property Acquisition: This section does not prohibit the city from:
1.
Acquiring property through purchase, gift, voluntary dedication, or eminent domain.
2.
Requiring dedication and improvement of a street if the street is found necessary by the city because of a proposed development and if:
a.
An essential link exists between a legitimate governmental interest and each exaction; and
b.
Each exaction is roughly proportionate, both in nature and extent, to the impact of the proposed development.
3.
Recommending that an applicant consider and accommodate the location of proposed streets in the planning of a development proposal in a manner that is consistent with subsection B,2 of this section.
(Adopted by Ord. 2007-02 on 7/11/2007)
A.
Capital Facilities Availability: In the event capital facilities are unavailable to serve a proposed development project subject to the requirements of this title, the capital facilities plan adopted pursuant to chapter 32 of this title shall be used as a guide to determine when needed capital facilities may be available.
B.
Capital Facilities Plan Preparation: A capital facilities plan shall be prepared as provided in section 11-36-201 of the Utah code.
(Adopted by Ord. 2007-02 on 7/11/2007)