The purpose of this chapter is to set forth procedures and standards for considering various types of land use and development applications to assure that applications of the same type will be processed on a uniform basis consistent with applicable law.

(Adopted by Ord. 2007-02 on 7/11/2007)

Any proposed land use or development which is subject to a procedure set forth in this chapter shall be submitted, reviewed, and acted upon as provided in this chapter.

(Adopted by Ord. 2007-02 on 7/11/2007)

The following provisions shall apply to any land use application required by this title:

A.

Approval Required: No development activity shall be undertaken unless applicable approvals and permits have been obtained as provided in this chapter. Failure to obtain such approval may be enforced as provided in chapter 7 of this title.

B.

Application Forms: A land use application shall be submitted on a form provided by the zoning administrator along with the number of copies reasonably required by the zoning administrator for a particular type of application.

C.

City Initiated Applications: The planning commission or city council may initiate any action under this title without an application from a property owner. Notice, hearing and other procedural requirements of this chapter shall apply to an application initiated by the city.

D.

Development Review Sequence: No subdivision, site plan, or other development application shall be considered unless:

1.

The approval which is requested in the application is allowed by the zone where the subject property is located; or

2.

Where permitted by this title, the application is submitted simultaneously with a proposed zoning map amendment that would, if approved, allow the proposal.

E.

Accurate Information: All documents, plans, reports, studies, and information provided to the city by an applicant in accordance with the requirements of this title shall be accurate and complete.

F.

Determination of Complete Application: After receipt of an application, the zoning administrator in a timely manner shall determine whether the application is complete as provided in this title. An application shall be deemed complete when all materials required for the application have been submitted as set forth in this title. If the application is not complete or fees have not been paid, the zoning administrator shall notify the applicant in writing and shall:

1.

Specify the application's deficiencies.

2.

State what additional items must be supplied.

3.

Advise the applicant no further action will be taken on the application until deficiencies are corrected.

G.

Fees: When an application is filed the applicant shall pay to the city the fee associated with such application as provided in the fee schedule adopted by the city council. Any application not accompanied by a required fee shall be returned to the applicant as incomplete.

1.

Fees shall be nonrefundable except as provided in subsection H of this section.

2.

Fees shall not be required for applications initiated by the city.

H.

Withdrawal of Application:

1.

If an applicant fails to correct specified deficiencies within thirty (30) days after notification thereof the city may deem the application to be withdrawn. If the application is deemed withdrawn, the application and any associated fee shall be returned to the applicant upon request; provided, however, the city may deduct from the application fee the cost of determining completeness of the application.

2.

Following submittal of a complete application, an applicant may withdraw the application at any time prior to action on the application by a land use authority or appeal authority. Application fees shall not be refundable if prior to withdrawal:

a.

A staff review of the application has been undertaken; or

b.

Notice for a public hearing or meeting on the application has been mailed, posted, or published.

I.

Decision Date: The effective date of a decision or recommendation made under the provisions of this title shall be the date of the meeting or hearing at which the decision or recommendation is made by the decision making body or official.

J.

Extensions of Time: Unless otherwise prohibited by this title, upon written request and for good cause shown, any decision making body or official having authority to grant approval of an application may, without any notice or hearing, grant extensions of any time limit imposed by this title on such application, its approval, or the applicant. The total period of time granted by any such extension or extensions shall not exceed twice the length of the original time period.

K.

Procedural Irregularities: Notwithstanding any provision of this title which sets forth a procedure for any matter herein, no action, inaction or recommendation regarding the matter which is the subject of the procedure shall be void or invalid or set aside by a court due to any error (including, but not limited to, any irregularity, informality, neglect or omission) which pertains to a petition, application, notice, finding, record, hearing, report, recommendation or any other procedural matter whatsoever unless:

1.

The procedure is required by state or federal law; and

2.

In an examination of the entire circumstances, including the evidence of record, the court is of the opinion that the procedural error complained of was prejudicial to a substantial right of the complainant as shown by the following:

a.

Had the error not occurred the decision made pursuant to the procedure would have been different, and

b.

Because of the error the complainant suffered an injury for which relief must be given.

3.

The court shall presume that action taken pursuant to a procedure was done in good faith and shall not presume that an error is prejudicial or that an injury occurred. The complainant shall have the burden of the proof by a preponderance of the evidence to show that an error is prejudicial or that an injury occurred.

L.

Examination and Copying of Application and Other Documents: Upon request, and during normal business hours, any person may examine an application and materials submitted in support of or in opposition to an application. Copies of such materials shall be made available at reasonable cost.

(Adopted by Ord. 2007-02 on 7/11/2007)

Any public hearing or meeting required under this title, as the case may be, shall be scheduled and held subject to the requirements of this section.

A.

Scheduling a Public Hearing or Meeting: A land use application requiring consideration at a public hearing or meeting shall be scheduled within a reasonable time following receipt of a complete application. The amount of time between receipt of a complete application and holding a public hearing or meeting shall be considered in light of:

1.

The complexity of the application submitted;

2.

The number of other applications received which require a public hearing or meeting;

3.

Available staff resources; and

4.

Applicable public notice requirements.

B.

Applicant Notice:

1.

The zoning administrator shall provide to each land use applicant:

a.

Written notice of the date, time, and place of each public hearing and public meeting where the applicant's application will be considered.

b.

A copy of each staff report regarding the pending application at least three (3) business days before the public hearing or public meeting.

c.

A copy of the final decision on a pending application within ten (10) days following the decision.

2.

If the zoning administrator fails to comply with the requirements of subsection B,1,a or B,1,b of this section, or both, an applicant may waive the failure so the application may stay on the public hearing or public meeting agenda and be considered as if the requirements had been met.

C.

Notice of Public Hearings and Public Meetings to Consider General Plan or Modifications:

1.

The zoning administrator shall give:

a.

Notice of the date, time, and place of the first public hearing to consider the original adoption or any modification of all or any portion of a general plan.

b.

Notice of each public meeting on the subject.

2.

Each notice of a public hearing under subsection C,1,a of this section shall be at least ten (10) calendar days before the public hearing and shall be:

a.

Published in a newspaper of general circulation in the area;

b.

Mailed to each affected entity; and

c.

Posted:

(1)

In at least three (3) public locations within the city; or

(2)

On the city's official website.

3.

Each notice of a public meeting under subsection C,1,b of this section shall be at least twenty-four (24) hours before the meeting and shall be:

a.

Submitted to a newspaper of general circulation in the area; and

b.

Posted:

(1)

In at least three (3) public locations within the city; or

(2)

On the city's official website.

D.

Notice of Public Hearings and Public Meetings on Adoption or Modification of Land Use Ordinance:

1.

The zoning administrator shall give:

a.

Notice of the date, time, and place of the first public hearing to consider the adoption or any modification to this title; and

b.

Notice of each public meeting on the subject.

2.

Each notice of a public hearing under subsection D,1,a of this section shall be:

a.

Mailed to each affected entity at least ten (10) calendar days before the public hearing;

b.

Posted:

(1)

In at least three (3) public locations within the city; or

(2)

On the city's official website; and

c.

(1)

Published in a newspaper of general circulation in the area at least ten (10) calendar days before the public hearing; or

(2)

Mailed at least three (3) days before the public hearing to:

(A)

Each property owner whose land is directly affected by the proposed land use ordinance change; and

(B)

Each adjacent property owner.

3.

Each notice of a public meeting under subsection D,1,b of this section shall be at least twenty-four (24) hours before the meeting and shall be posted:

a.

In at least three (3) public locations within the city; or

b.

On the city's official website.

E.

Third Party Notice:

1.

If this title requires notice to adjacent property owners, the zoning administrator shall:

a.

Mail notice to the record owner of each lot which abuts the subject property or which is directly across a street from the property; or

b.

Post notice on the property with a sign of sufficient size, durability, print quality, and location reasonably calculated to give notice to passersby.

2.

If the city mails notice to third party property owners under subsection E,1 of this section, equivalent notice shall be mailed to property owners within an adjacent jurisdiction.

F.

Notice for a Proposed Subdivision or Amendment or a Multiple-Unit Residential or Commercial or Industrial Development:

1.

Except for an exempt subdivision under subsection 10-5-11K of this chapter, for a proposed subdivision or an amendment to a subdivision, the city shall provide notice of the date, time, and place of a public hearing that is:

a.

Mailed not less than three (3) calendar days before the public hearing and addressed to the record owner of each lot adjacent to that property or which is directly across a street from the property; or

b.

Posted not less than three (3) calendar days before the public hearing, on the property proposed for subdivision, in a visible location, with a sign of sufficient size, durability, and print quality that is reasonably calculated to give notice to passersby.

2.

The city shall mail notice to each affected entity of a public hearing to consider a preliminary plat describing a multiple-unit residential, commercial, or industrial development.

3.

The city shall provide notice as required by subsection G of this section for a subdivision that involves a vacation, alteration, or amendment of a street.

G.

Hearing and Notice for Proposal to Vacate, Alter, or Amend a Public Street or Right of Way: For any proposal to vacate, alter, or amend a public street or right of way, the land use authority shall hold a public hearing and shall give notice of the date, place, and time of the hearing by:

1.

Mailing notice as required in subsection F of this section;

2.

Mailing notice to each affected entity; and

3.

a.

Publishing notice once a week for four (4) consecutive weeks before the hearing in a newspaper of general circulation in the city in which the land subject to the petition is located; or

b.

If there is no newspaper of general circulation in the city, posting the property and posting notice in three (3) public places for four (4) consecutive weeks before the hearing.

H.

Notice Challenge: If notice given under this section is not challenged under section 10-9a-801 of the Utah code within thirty (30) days after the meeting or action for which notice is given, the notice is considered adequate and proper.

I.

Courtesy Notice of Public Hearing or Meeting: As a courtesy to persons who may be affected by an application, notice of a public hearing or meeting may be given as provided in this section. The city shall not be obligated to provide courtesy notice to any person. Failure of any person to receive courtesy notice shall not affect the sufficiency of required notice.

1.

Courtesy notice, as determined by the zoning administrator, may be given for applications which are site specific, including general plan map amendments, zoning map amendments, conditional use permits, site plans, and variances. The zoning administrator may also direct that courtesy notice be given based on the degree of public interest in an application.

2.

If given, courtesy notice shall consist of the information required in subsection C,1 of this section.

3.

When the zoning administrator elects to provide courtesy notice, such notice shall be provided in the following manner:

a.

The applicant shall provide to the zoning administrator stamped envelopes for all property owners within two hundred fifty feet (250') of the boundary of the property which is the subject of the application as shown by the latest assessment rolls of the Box Elder County recorder.

b.

The zoning administrator shall mail courtesy notice of the public hearing or meeting to property owners at least ten (10) days before the date of the hearing or meeting using the preaddressed stamped envelopes provided by the applicant.

J.

Public Hearing and Meeting Procedures: An application shall be considered pursuant to applicable provisions of this chapter and under meeting procedures established by the land use authority or appeal authority for the conduct thereof.

K.

Record of Public Hearing or Meeting:

1.

Written minutes and a digital or tape recording shall be kept of all public hearings or meetings and shall include all of the following:

a.

The date, time, and place of the meeting.

b.

The names of members present and absent.

c.

The substance of all matters proposed, discussed, or decided, and a record, by individual member, of votes taken.

d.

The names of all citizens who appeared and the substance in brief of their testimony.

e.

Any other information that any member requests be entered in the minutes.

2.

The minutes, tape recordings, all applications, exhibits, papers, and reports submitted in any proceeding before a land use authority or appeal authority shall constitute the record thereof. The record shall be made available for public examination as provided in subsection J of this section.

(Adopted by Ord. 2007-02 on 7/11/2007)

A.

Legislative and Administrative/Quasi-Judicial Distinction: The decision making standards set forth in this subsection are based on the fundamental distinction between legislative and administrative/quasi-judicial proceedings. Legislative proceedings establish public law and policy applicable generally, while administrative/quasi-judicial proceedings apply such law and policy to factually distinct, individual circumstances.

1.

Legislative Proceedings: The following types of applications are hereby declared to be legislative:

a.

General plan amendments.

b.

Zoning map amendments.

c.

Zoning text amendments.

d.

Temporary land use regulations.

2.

Basis for Approving Legislative Applications: Decisions regarding a legislative application shall be based on the "reasonably debatable" standard, as follows:

a.

The land use authority shall determine what action, in its sole judgment, will reasonably promote the public interest, conserve the values of other properties, avoid incompatible development, encourage appropriate use and development, and promote the general welfare of the public.

b.

In making such determination, the land use authority may consider the following:

(1)

Testimony presented at a public hearing or meeting.

(2)

Personal knowledge of various conditions and activities bearing on the issue at hand, such as, but not limited to, the location of businesses, schools, roads and traffic conditions; growth in population and housing; the capacity of utilities; the zoning of surrounding property; and the effect that a particular proposal may have on such conditions and activities, the values of other properties, and upon the general orderly development of the city.

c.

The land use authority shall state on the record the rationale for its decision.

3.

Administrative Proceedings: The following types of applications are hereby declared to be administrative:

a.

Subdivision approval.

b.

Site plan review.

c.

Conditional use permit.

d.

Permitted use review.

e.

Temporary use permit.

f.

Sign permit.

g.

Building permit review.

h.

Nonconformity determination.

i.

Administrative interpretation.

4.

Basis for Approving Administrative Applications: Decisions regarding an administrative application shall be based on the "substantial evidence" standard as follows:

a.

Any administrative application for which substantial evidence in the record shows compliance with requirements applicable to the application shall be approved.

(1)

"Substantial evidence" is that quantity and quality of relevant evidence adequate to convince a reasonable mind to support a conclusion.

(2)

Conditions may be imposed to conform an application with applicable requirements of this title.

b.

A decision under this subsection shall include at least the following elements:

(1)

A statement of approval, approval with conditions, or disapproval, as the case may be.

(2)

A summary of evidence presented which forms the basis for the decision, including specific references to applicable standards set forth in this title, other provisions of this code, or other applicable law.

5.

Quasi-Judicial Proceedings: The following types of applications are hereby declared to be quasi-judicial:

a.

Appeal of administrative decision.

b.

Variance.

6.

Basis for Approving Quasi-Judicial Applications: For an appeal of an administrative decision, see section 10-5-21 of this chapter. For a variance, see section 10-5-22 of this chapter.

B.

Fundamental Fairness: Consideration of any land use application shall be "fundamentally fair", which for the purpose of this title means:

1.

In any land use proceeding, notice is provided as required by this title and fair procedure is applied to the proceeding; and

2.

In a legislative proceeding, a decision by the city council advances a legitimate public purpose and could advance the public welfare.

C.

Pending Zoning Map or Text Amendments:

1.

An applicant is entitled to approval of a land use application if the application conforms to applicable requirements of this title in effect when a complete application is submitted and all fees have been paid, unless:

a.

The city council or planning commission finds, on the record, a compelling, countervailing public interest would be jeopardized by approving the application; or

b.

Before a complete application is submitted, proceedings have been formally initiated to amend this title in a manner that would prohibit approval of the application.

2.

If a zoning map or text amendment which may affect an application is pending when the application is submitted, the applicant shall not be entitled to rely on such provisions but may be required to comply with newly enacted provisions, as set forth below.

a.

A proposed amendment shall be deemed "pending" when the amendment proposal first appears on a duly noticed planning commission or city council agenda, as the case may be.

b.

An application affected by a pending amendment shall be subject to the following requirements:

(1)

The application shall not be acted upon until six (6) months from the date when the pending amendment was first noticed on a planning commission or city council agenda unless:

(A)

The applicant voluntarily agrees to amend his application to conform to the requirements of the proposed amendment; or

(B)

The proposed amendment is sooner enacted or defeated, as the case may be.

(2)

If a pending amendment is enacted within six (6) months after being noticed on a planning commission or city council agenda, an affected application which was filed while the amendment was pending shall conform to the enacted amendment.

c.

If a pending amendment to this title is not enacted within one hundred eighty (180) days since the proceedings were initiated and the proceedings have not resulted in an enactment that prohibits approval of the application as submitted, the application shall be processed without regard to the proposed amendment.

D.

Permit Requirements: No requirement may be imposed on a permit holder unless the requirement is expressed in the land use permit or documents on which the land use permit is based, this chapter, or this code.

E.

Certificates of Occupancy: Issuance of a certificate of occupancy may not be withheld because an applicant fails to comply with a requirement that is not expressed in the building permit or in documents on which the building permit is based, this title, or this code.

F.

Exactions:

1.

An exaction may be imposed on development proposed in a land use application 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.

2.

If the city plans to dispose of surplus real property that was acquired under this section and has been owned by the city for less than five (5) years, the city shall first offer to reconvey the property, without receiving additional consideration, to the person who granted the property to the city.

a.

A person to whom the city offers to reconvey property under this subsection F,2 has ninety (90) days to accept or reject the city's offer.

b.

If a person to whom the city offers to reconvey property declines the offer, the city may offer the property for sale.

c.

This subsection F,2 does not apply to the disposal of property acquired by exaction by a community development or urban renewal agency.

G.

Vested Rights: Except as otherwise provided in this subsection, a person who submits a complete application pursuant to the provisions of this title is entitled to have such application considered on the basis of provisions in effect when the application is submitted.

1.

If within one year after a complete application has been submitted the applicant has not taken substantial action to pursue approval of the application, the application shall expire and any vested rights thereunder shall terminate.

2.

An applicant who has obtained vested rights under this title shall proceed with reasonable diligence to exercise development rights authorized by an approved application. Failure to take substantial action on an approved application prior to the expiration date of such application, as set forth in this title, shall terminate vested rights associated with the application.

3.

An applicant with vested rights shall continually conform to all conditions of approval of an application. An applicant's failure to do so shall constitute the applicant's knowing and willful waiver of the applicant's vested rights under the application.

4.

An application approved pursuant to this title only authorizes the thing applied for in the application.

5.

Vested rights may be voided if the city council finds, on the record, a compelling, countervailing public interest reason to do so.

(Adopted by Ord. 2007-02 on 7/11/2007)

The general plan and any of its elements may be amended as provided in subsection 10-2-2C of this title.

(Adopted by Ord. 2007-02 on 7/11/2007)

A.

Purpose: This section sets forth procedures for amending the provisions of this title and the zoning map.

B.

Authority: The city council may from time to time amend the text of this title and the zoning map as provided in this section. Amendments may include changes in the number, shape, boundaries, or area of any zone, zone regulations or any other provision of this title. The provisions set forth herein shall not apply to the enactment of temporary zoning regulations.

C.

Initiation: Proposed amendments to the text of this title and the zoning map may be initiated by the city council, planning commission or a property owner affected by a proposed amendment as provided in subsection D,1 of this section.

D.

Procedure: Zoning text and map amendments shall be considered and processed as provided in this subsection.

1.

An application shall be submitted to the zoning administrator in a form established by the administrator along with any fee established by the city's schedule of fees. The application shall include at least the following information:

a.

The name, address and telephone number of the applicant and the applicant's agent, if any.

b.

The name and address of every person or business entity the applicant represents.

c.

The requested amendment and reasons supporting the request.

d.

If the proposed amendment requires a change in the zoning map, the application shall include:

(1)

An accurate property map showing present and proposed zoning classifications.

(2)

All abutting properties showing present zoning classifications.

(3)

An accurate legal description and an approximate common address of the area proposed to be rezoned.

e.

If the proposed amendment requires a change in the text of this title, the application shall include chapter and section references and a draft of the proposed text.

2.

After an application is determined to be complete, the zoning administrator shall provide notice as required in section 10-5-4 of this chapter and shall schedule the application for consideration by the planning commission.

3.

The planning commission shall review the application, hold a public hearing, and thereafter submit to the city council a recommendation for approval, approval with modifications, or denial of the application.

4.

Following receipt of a recommendation from the planning commission, the city council shall consider the application and shall approve, approve with modifications, or deny the proposed amendment.

E.

Approval Standards: A decision to amend the zoning map or the text of this title is a matter within the legislative discretion of the city council as described in subsection 10-5-5A,2 of this chapter. In determining whether to enact an amendment, the following factors should be considered:

1.

Consistency with the goals, objectives and policies of the city's general plan.

2.

Compatibility with the overall character of existing development in the vicinity of the subject property.

3.

Effect on immediately adjacent property.

4.

Adequacy of facilities and services intended to serve the subject property, including, but not limited to, roadways, parks and recreation facilities, police and fire protection, schools, stormwater drainage systems, water supplies, and wastewater and refuse collection.

F.

Appeal of Decision: Any party adversely affected by a decision of the city council to amend the zoning map or the text of this title may, within thirty (30) days after such decision, appeal to the district court as provided in section 10-9a-801 of the Utah code, as amended.

G.

Effect of Approval: Approval of an application to amend the zoning map or the provisions of this title shall not be deemed an approval of a conditional use permit, site plan, or other permit. Approval of such permits shall be obtained in accordance with applicable provisions of this title.

H.

Effect of Disapproval: City council denial of an application to amend the zoning map or the provisions of this title shall preclude the filing of another application covering substantially the same subject or property, or any portion thereof, for one year from the date of the disapproval, except as follows:

1.

Another application may be sooner considered if:

a.

The planning commission determines a substantial change in circumstances has occurred to merit consideration of the application; or

b.

The application is for a change to a different zone.

2.

The city council or planning commission may propose any text or zoning map amendment at any time.

(Adopted by Ord. 2007-02 on 7/11/2007)

A.

Authorized: The city council may, without prior consideration of or recommendation from the planning commission, enact an ordinance establishing a temporary land use regulation for any part or all of the area within the city if the council makes a finding of compelling, countervailing public interest; or the area is unregulated.

1.

A temporary land use regulation may prohibit or regulate the erection, construction, reconstruction, or alteration of any building or structure or any subdivision approval.

2.

A temporary land use regulation may not impose an impact fee or other financial requirement on building or development.

3.

The duration of a temporary land use regulation shall not exceed six (6) months.

B.

Highway or Transportation Corridor: The city council may, without prior planning commission consideration or recommendation, enact an ordinance establishing a temporary land use regulation prohibiting construction, subdivision approval, and other development activities within an area that is the subject of an environmental impact statement or a major investment study examining the area as a proposed highway or transportation corridor.

1.

A regulation under this subsection B:

a.

May not exceed six (6) months in duration.

b.

May be renewed, if requested by the Utah transportation commission created under section 72-1-301 of the Utah code for up to two (2) additional six (6) month periods by ordinance enacted before the expiration of the previous temporary land use regulation; and

2.

Notwithstanding subsection B,1 of this section, is effective only as long as the environmental impact statement or major investment study is in progress.

(Adopted by Ord. 2007-02 on 7/11/2007)

A.

Purpose: This section sets forth procedures for considering and approving a subdivision concept plan. The purpose of a concept plan is to allow an applicant to determine the feasibility of a particular subdivision proposal without incurring the expense of preparing a preliminary plat.

B.

Authority: The planning commission is authorized to approve subdivision concept plans as provided in this section.

C.

Initiation: A property owner, or the owner's agent, may request approval of a concept plan as provided in subsection D of this section.

D.

Procedure: An application for concept plan approval shall be considered and processed as provided in this subsection.

1.

A complete application shall be submitted to the zoning administrator in a form established by the administrator along with any fee established by the city's schedule of fees.

2.

A concept plan application shall include at least the following information:

a.

The name, address and telephone number of the applicant and the applicant's agent, if any.

b.

The name of the proposed subdivision.

c.

The name and business address of the project designer and engineer.

d.

The dimensions, area and general location of the site.

e.

North point or arrow, pointing to the left or top of sheet.

f.

Locations of existing buildings.

g.

Locations and names of existing streets and general location of proposed streets.

h.

Public and private easements related to site.

i.

Approximate section corners or lines.

j.

Watercourses and impoundments.

k.

Location and description of existing vegetation.

l.

Stormwater disposal facilities; location and size of utility service (water, sewer, power, gas, telephone cable) lines; location and type of proposed sewage disposal facilities; type of water system proposed; location of all other proposed on-site and off-site improvements.

m.

Topographic contours at two-foot (2') increments from existing data such as USGS quads and identifying areas greater than fifteen percent (15%).

n.

Soils and geologic map indicating soils types, their boundaries and any known geologic hazards such as fault zones, unstable soils, etc.

o.

Vicinity map.

p.

Name and address of property owners within three hundred feet (300') of proposed subdivision.

q.

Adjacent properties and names of owners.

r.

Existing zoning.

E.

Approval Standards: The planning commission shall approve a concept plan if the commission finds:

1.

The design of the concept plan will conform to:

a.

Applicable policies of the Honeyville general plan and master street plan.

b.

Development standards of the applicable zone.

c.

Applicable regulations of general applicability and regulations for specific uses set forth in this title.

d.

Any other applicable requirements of this code.

2.

Public facilities are or will be readily available to serve the proposed development.

3.

The planning commission may impose conditions as necessary to achieve compliance with applicable general plan and city code requirements.

F.

Appeal of Decision: Any person adversely affected by a final decision of the planning commission regarding a concept plan approval may appeal to the board of appeals in accordance with the provisions of section 10-5-21 of this chapter.

G.

Effect of Approval: Approval of a concept plan shall authorize an applicant to apply for preliminary plat approval.

H.

Amendments: The procedure for amending a concept plan shall be the same as the original procedure set forth in this section.

I.

Revocation: A concept plan may be revoked as provided in section 10-7-6 of this title.

J.

Expiration: A concept plan approval shall expire and have no further force or effect if a complete application for a preliminary plat is not submitted to the zoning administrator within one year following approval.

(Adopted by Ord. 2007-02 on 7/11/2007)

A.

Purpose: This section sets forth procedures for considering and approving a preliminary subdivision plat.

B.

Authority: The planning commission is authorized to approve preliminary subdivision plats as provided in this section.

C.

Initiation: A property owner, or the owner's agent, may request approval of a preliminary plat as provided in subsection D of this section.

D.

Procedure: An application for preliminary plat approval shall be considered and processed as provided in this subsection.

1.

A complete application shall be submitted to the zoning administrator in a form established by the administrator along with any fee established by the city's schedule of fees.

2.

A preliminary plat application shall include at least the following information:

a.

The name, address and telephone number of the applicant and the applicant's agent, if any, the engineer or surveyor of the subdivision, and the owners of the land immediately adjoining the land to be subdivided.

b.

Proposed changes to existing zoning, if any.

c.

The proposed name of the subdivision.

d.

Where the plat submitted covers only a part of the developer's land, or is part of a larger vacant area, the plat shall show the location of the subdivision as it forms part of a larger tract or parcel. In such case, a sketch of the prospective future street system of the unplanned parts shall be submitted and the street system of the part submitted shall be considered in the light of adjustments and connections with the future street system of the larger area.

e.

Sufficient information to locate accurately the property shown on the plat.

f.

A boundary traverse map of the perimeter of the proposed subdivision. The surveying shall have an error of closure of not greater than one part in ten thousand (10,000). The boundary survey and traverse shall be certified by a land surveyor, registered to practice in the state of Utah.

g.

A vicinity map, drawn at a scale not less than one inch equals two thousand feet (1" = 2,000'), showing the perimeter of the plat, access points, abutting subdivision outlines and names, and other relevant information within one-half (0.5) mile of the perimeter of the proposed plat.

h.

Existing conditions:

(1)

Location of existing on-site wastewater disposal systems, sanitary sewer systems, storm drains, water supply mains, culinary or secondary water sources, storage facilities, water treatment facilities, and culverts within the tract or within five hundred feet (500') thereof.

(2)

Location, width, and other dimensions of proposed lots, streets, alleys, easements, parks and other open spaces with proper labeling of spaces to be dedicated to the public.

(3)

Location, principal dimension, and names of all existing or recorded streets, alleys, and easements, both within the proposed subdivision and within five hundred feet (500') of the boundary thereof, showing whether recorded or claimed by usage; the location and principal dimensions for all watercourses, including ditches, canals, and natural drainage channels, public utilities, and existing structures within the land and adjacent to the tract to be subdivided, including railroads, and exceptional topography.

(4)

Location of existing bridges, culverts, surface, or subsurface drainageways, areas subject to occasional flooding, marshy areas, swamps, utilities, buildings, pumping stations or appurtenances within the subdivision or within five hundred feet (500') thereof.

(5)

Location of the nearest elevation benchmark and survey control monument.

(6)

Landowners immediately adjoining the land to be subdivided and the boundary lines of adjacent tracts of unsubdivided land, showing ownership and property monuments.

(7)

Existing contours at two-foot (2') intervals for predominant ground slopes within the tract between level and five percent (5%) grade and five-foot (5') contours for predominant ground slopes within the tract over five percent (5%) grade. Elevations shall be based on national geodetic survey sea level data. In cases of level topography through a subdivision, one-foot (1') contours may be required.

(8)

Copies of any agreements with adjacent property owners relevant to the proposed subdivision and the substance of all other covenants, grants of easements or restrictions to be imposed upon the use of the land, buildings and structures.

i.

Proposed development:

(1)

Lot and street layout.

(2)

Dimension of all lots to nearest foot (which may be scaled values).

(3)

Total acreage of entire proposed subdivision.

(4)

Lots and blocks numbered consecutively.

(5)

Locations and identification of all existing and proposed public and private easements.

(6)

Existing and proposed street names.

(7)

Street plans to show proposed grades, curb-gutter and sidewalks.

(8)

Typical street cross sections.

(9)

Proposed water facilities, including pipe diameters, valve locations, fire hydrant locations, water sources, water rights, reservoirs, pumps and design calculations.

(10)

Excavation or grading of areas requiring in excess of three-foot (3') cuts or fills.

(11)

A site plan showing proposed dwelling locations and driveway locations for each lot where sensitive or special topographical and geologic conditions exist. The planning commission may determine, after review of the concept plan, that lot site plans are required because existing conditions merit more specific details or requirements for developing specific lots.

(12)

Proposed storm sewer systems indicating pipe diameters, location of detention ponds, manholes, inlets and other pertinent appurtenances with the design calculations.

(13)

Proposed on-site wastewater facilities, including dimensioned locations of septic tanks, pump facilities and wastewater drain fields.

(14)

Approximate boundaries of areas subject to inundation or stormwater overflows or floods of an intensity estimated to occur with a return frequency of once every one hundred (100) years.

j.

The plat shall be drawn to a scale not less than one inch equals one hundred feet (1" = 100'), and shall indicate the basis of bearings, true north point, name of subdivision, name of city, township, range, section and quarter section, block and lot number of the property under consideration.

k.

An affidavit that the applicant is the owner, the equitable owner or authorized by the owner in writing to make application for the proposed subdivision.

l.

Sites, if any, to be reserved or dedicated for parks, playgrounds, schools or other public uses.

m.

Sites, if any, for multi-family dwelling, shopping center, city facilities, industry or other uses, exclusive of single-family dwellings.

n.

Proposed phases of development. All development and improvements to be continuous and contiguous to abutting developments.

o.

If required by the city engineer, a statement analyzing the environmental impact of the proposed subdivision prepared in accordance with generally recognized standards, as determined by the engineer.

3.

Where it is determined by the planning commission, after review of the concept plan, that one or more of the following requirements is not applicable to the subdivision under consideration, such requirements may be waived. Such waiver of requirement shall be made in writing with findings of fact substantiating the inapplicability of said requirements.

a.

A minimum of ten (10) copies of the preliminary plan and one reproducible vellum or Mylar of each sheet comprising the preliminary plan. One additional print is required when the property being subdivided abuts a state highway.

b.

If services are to be provided by an entity other than the city, a letter from the entity shall be submitted stating the entity has the capacity to provide the required service and including conditions upon which the service will be provided.

c.

A letter from each utility company involved addressed to the planning commission, stating that the company has reviewed the plat and setting forth their comments concerning the extent of services and the design of utility easements. The plat as approved by the utility company shall be initialed by an official of the company and furnished to the planning commission.

d.

Statement of the estimated starting and completion dates for each phase of development, including the grading work proposed and any landscape work that may be required.

e.

A certificate of title insurance for land to be dedicated to the city.

f.

Trust agreement for perpetual care funds, if applicable.

g.

A copy of proposed protective covenants, articles of incorporation, association or condominium regulations, bonds and guarantees, if applicable.

h.

Appropriate supporting documents showing potable water will be available to the developer in the quantities required by local or state codes.

i.

Where applicable, supporting documents showing the Bear River health department has approved the subdivision and all lots contained therein for on-site wastewater disposal systems.

j.

Estimated construction cost and proposed method of financing all improvements, including streets and related facilities; water facilities; sewage facilities; storm drainage facilities; electrical distribution system; and all such other utilities as may be necessary.

k.

Evidence that the applicant has sufficient financial capability and adequate control over the land to complete the proposed subdivision.

l.

Fiscal impact study, if required by the planning commission.

m.

Names and addresses of owners within three hundred feet (300') of the subdivision.

n.

Soils report prepared by a registered civil engineer, soil engineer or engineering geologist, that certifies to the types of soils, the geologic hazards, development restrictions and suitability of the area for subdivision development.

4.

The planning commission shall determine from the review of the preliminary plan the need for an environmental impact analysis, which takes into account the soil, slope, vegetation, drainage and other geological characteristics of the site.

a.

If development of the subdivision site requires substantial cutting, clearing, grading or other earthmoving operations or will otherwise create, augment, or expand an erosion or other geologic hazard, the planning commission shall require the developer to provide soil erosion, geological hazard, and sedimentation control plans and specifications.

b.

Such control plans and specifications shall be prepared by a qualified professional engineer with the cost of preparation of such plans and specifications being borne by the subdivider.

5.

After an application is determined to be complete, the zoning administrator shall schedule a public meeting before the planning commission as provided in section 10-5-4 of this chapter.

a.

A staff report evaluating the application may be prepared by the zoning administrator.

b.

The planning commission may call a public hearing if the commission determines a hearing is in the public interest.

6.

The planning commission shall hold a public meeting or hearing, as the case may be, and thereafter shall approve, approve with conditions, or deny the application pursuant to the standards set forth in subsection E of this section. Any conditions of approval shall be limited to conditions needed to conform the preliminary plat to approval standards.

7.

After the planning commission makes a final decision, the zoning administrator shall give the applicant written notice of the decision within ten (10) days.

8.

A record of all conditional use permits shall be maintained in the office of the zoning administrator.

E.

Approval Standards:

1.

The planning commission shall approve a preliminary plan which the commission finds:

a.

To be developed in accordance with the intent, standards and criteria specified in this title, the master street plan, the master plan and all other applicable local regulations.

b.

To be in conformance with the approved concept plan.

c.

That the development will not create a financial obligation for the city.

d.

That the development will not create an environmental impact which will adversely affect the health, safety and welfare of the inhabitants of the city.

2.

When the general plan indicates a public facility or facilities are to be located within the boundaries of a proposed subdivision, the developer shall reserve a site appropriate in area and location for such public facility. Such site shall be reserved by the developer for a period of not to exceed one year from the date of preliminary plan approval to provide the appropriate public agency an opportunity to purchase the site. A determination by the planning commission to require such a reservation by a developer shall be made in writing and shall state the reasons for such requirements.

F.

Appeal of Decision: Any person adversely affected by a final decision of the planning commission regarding a preliminary plat approval may appeal to the board of appeals in accordance with the provisions of section 10-5-21 of this chapter.

G.

Effect of Approval: Approval of a preliminary plat shall authorize an applicant to apply for final plat approval.

H.

Amendments: The procedure for amending a preliminary plat shall be the same as the original procedure set forth in this section.

I.

Revocation: A preliminary plat may be revoked as provided in section 10-7-6 of this title.

1.

In addition to the grounds set forth in section 10-7-5 of this title, a preliminary plat may be revoked if the holder of the approval:

a.

Fails to comply with the conditions of approval or any applicable city, state, or federal law.

b.

Sells or transfers any of the subject land to a third party prior to approval of a final plat for such land.

2.

No approved preliminary plat may be revoked against the wishes of the holder of the approval without first giving such person an opportunity to appear before the city council and show cause as to why the approval should not be amended or revoked. Revocation of an approved preliminary plat shall not limit the city's ability to initiate or complete other legal proceedings against the holder of the approval.

J.

Expiration: A preliminary plat approval shall expire and have no further force or effect if a complete application for a final plat is not submitted to the zoning administrator within one year following approval.

(Adopted by Ord. 2007-02 on 7/11/2007)

A.

Purpose: This section sets forth procedures for considering and approving a final subdivision plat.

B.

Authority: The city council is authorized to approve final subdivision plats as provided in this section after receiving a recommendation from the planning commission.

C.

Initiation: A property owner, or the owner's agent, may request approval of a final plat as provided in subsection D of this section.

D.

Procedure: An application for final plat approval shall be considered and processed as provided in this subsection.

1.

A complete application shall be submitted to the zoning administrator in a form established by the administrator along with any fee established by the city's schedule of fees.

2.

A final plat application shall include at least the following information:

a.

The name, address and telephone number of the applicant and the applicant's agent, if any.

b.

Improvement drawings and information which conform to section 10-31-3 of this title and other applicable requirements of chapter 31 of this title.

3.

After the application is determined to be complete, the zoning administrator shall schedule a public meeting before the planning commission as provided in section 10-5-4 of this chapter. A staff report evaluating the application may be prepared by the zoning administrator.

4.

The planning commission shall hold a public meeting and thereafter shall either approve or deny the application pursuant to the standards set forth in subsection E of this section. Conditional approval shall not be given.

5.

The city council shall hold a public meeting to consider the planning commission recommendation and thereafter shall approve, approve with conditions, or deny the application pursuant to the standards set forth in subsection E of this section. Any conditions of approval shall be limited to conditions needed to conform the final plat to approval standards.

6.

After the city council makes a final decision, the zoning administrator shall give the applicant written notice of the decision within ten (10) days.

7.

A record of all final plat approvals shall be maintained in the office of the zoning administrator.

E.

Approval Standards:

1.

A final plat shall be approved if the plat:

a.

Covers all or part of land which has received preliminary plat approval.

b.

Conforms to the conditions of preliminary plat approval.

c.

Has been approved by the culinary water authority and the sanitary sewer authority.

d.

Conforms to the provisions of this subsection E.

2.

The city may withhold an otherwise valid plat approval until the landowner provides the city council with a tax clearance indicating that all taxes, interest, and penalties owing on the land have been paid.

3.

The landowner shall acknowledge the plat before an officer authorized by law to take the acknowledgment of conveyances of real estate and shall obtain the following signatures on the plat:

a.

City engineer's approval. Approval shall be given if the engineer finds the subdivision and proposed improvements comply with the minimum requirements of the applicable ordinances, that the survey description is correct, and that the easements are appropriately located.

b.

City attorney's approval. Approval shall be given if the attorney finds that:

(1)

There is a current title opinion from a licensed title company showing that the person dedicating the property described on the final plat is the title owner as shown on the records of the Box Elder County recorder.

(2)

The bond, escrow, letter of credit, trust deed or the agreement deposited with the city recorder is in appropriate form and signed by the necessary parties.

(3)

The developer has executed an agreement signed by the property owners adjacent to a protection strip in a form sufficient for recordation in the office of the Box Elder County recorder.

(4)

The developer has executed a subdivision agreement as required by applicable provisions of this title.

(5)

The subdivision does not violate any city ordinance, or laws or regulations of the state of Utah.

c.

Surveyor's certificate.

d.

Owner's dedication.

e.

Owner's acknowledgment of responsibility.

f.

Notary and/or corporate acknowledgments.

g.

District sanitarian's approval (required only if development is not to be served by public water and sewer systems).

4.

The surveyor making the plat shall certify that the surveyor:

a.

Holds a license in accordance with the professional engineers and professional land surveyors licensing act, title 58, chapter 22 of the Utah code.

b.

Has completed a survey of the property described on the plat in accordance with section 17-23-17 of the Utah code and has verified all measurements.

c.

Has placed monuments as represented on the plat.

5.

a.

As applicable, the owner or operator of the underground and utility facilities shall approve the:

(1)

Boundary, course, dimensions, and intended use of the right of way and easement grants of record.

(2)

Location of existing underground and utility facilities.

(3)

Conditions or restrictions governing the location of the facilities within a right of way, and easement grants of records, and utility facilities within the subdivision.

b.

Approval of an owner or operator under subsection E,5,a of this section:

(1)

Indicates only that the plat approximates the location of the existing underground and utility facilities but does not warrant or verify their precise location.

(2)

Does not affect a right that the owner or operator has under:

(A)

Damage to underground utility facilities, title 54, chapter 8a of the Utah code.

(B)

A recorded easement or right of way.

(C)

The law applicable to prescriptive rights.

(D)

Any other provision of law.

6.

a.

After the plat has been acknowledged, certified, and approved, the landowner shall within thirty (30) days record the plat in the Box Elder County recorder's office.

b.

An owner's failure to record a plat within thirty (30) days renders the plat voidable.

F.

Appeal of Decision: Any person adversely affected by a final decision of the city council regarding a final subdivision plat may, within thirty (30) days after such decision, appeal to the district court as provided in section 10-9a-801 of the Utah code, as amended.

G.

Effect of Approval: Approval of a final plat shall authorize an applicant to treat each lot shown on the plat as a legally independent parcel of property subject to any conditions of plat approval.

1.

A person may not submit a subdivision plat to the Box Elder County recorder's office for recording unless:

a.

A recommendation has been received from the planning commission.

b.

The plat has been approved as provided in subsection E of this section.

2.

A subdivision plat recorded without the signatures required under this section is void.

3.

A transfer of land pursuant to a void plat is voidable.

4.

Approval of a final plat shall not be deemed approval of a conditional use permit, site plan, or other permit. Approval of such permits shall be obtained in accordance with applicable provisions of this title.

H.

Amendments: The procedure for amending a final plat is set forth in section 10-5-12 of this chapter.

I.

Revocation: An approved final plat may be revoked as provided in section 10-7-6 of this title, but only prior to recording of the plat in the Box Elder County recorder's office. Following recording a plat may be vacated or amended as provided in section 10-5-12 of this chapter.

1.

In addition to the grounds set forth in section 10-7-5 of this title, a final plat may be revoked if the holder of the approval:

a.

Fails to comply with the conditions of approval or any applicable city, state, or federal law.

b.

Sells or transfers to a third party any of the land subject to a final plat prior to recording of the plat.

2.

No approved final plat may be revoked against the wishes of the holder of the approval without first giving such person an opportunity to appear before the city council and show cause as to why the approval should not be amended or revoked. Revocation of an approved final plat shall not limit the city's ability to initiate or complete other legal proceedings against the holder of the approval.

J.

Expiration: A final plat approval shall expire and have no further force or effect if the plat is not recorded in the Box Elder County recorder's office within ninety (90) days following approval.

K.

Exemptions from Plat Requirement:

1.

a.

A lot resulting from a division of agricultural land is exempt from the plat requirements of this section if the lot:

(1)

Qualifies as land in agricultural use under section 59-2-502 of the Utah code.

(2)

Meets the applicable minimum lot size requirement of this title.

(3)

Is not used and will not be used for any nonagricultural purpose.

b.

If a lot exempted under this subsection K,1 is used for a nonagricultural purpose, the lot shall be subdivided as provided in this section.

2.

a.

Documents recorded in the Box Elder County recorder's office that divide property by a metes and bounds description do not create an approved subdivision unless the city council's certificate of written approval required by subsection K,2,c of this section is attached to the document.

b.

The absence of the certificates or written approvals required by subsection E,3 of this section does not affect the validity of a recorded document.

c.

A document which does not meet the requirements of subsection K,1 of this section may be corrected by the recording of an affidavit to which the required certificate of written approval is attached in accordance with section 57-3-106 of the Utah code.

L.

Common or Community Area Parcels on a Plat: A lot designated as common or community area on a plat recorded in compliance with this section may not be separately owned or conveyed independent of the other lots created by the plat. The ownership interest in such lot shall for purposes of assessment, be divided equally among all lots created by the plat, unless a different division of interest for assessment purposes is indicated on the plat or an accompanying recorded document; and shall be considered to be included in the description of each instrument describing a lot on the plat by its identifying plat number, even if the common or community area interest is not explicitly stated in the instrument.

M.

Dedication of Streets and Other Public Places: Plats, when made, acknowledged, and recorded according to the procedures specified in this section, operate as a dedication of all streets and other public places, and vest the fee of those parcels of land in the city for the public for the uses named or intended in those plats. The dedication established by this subsection does not impose liability upon the city for streets and other public places that are dedicated in this manner but are unimproved.

(Adopted by Ord. 2007-02 on 7/11/2007)

A.

Vacating or Changing a Subdivision Plat: Subject to subsection C of this section, and provided that notice has been given pursuant to section 10-5-4 of this chapter, the city council may, with or without a petition, consider, and resolve any proposed vacation, alteration, or amendment of a subdivision plat, any portion of a subdivision plat, or any lot contained in a subdivision plat.

1.

If a petition is filed with the zoning administrator, the city council shall hold a public hearing within forty-five (45) days thereafter or, if applicable, within forty-five (45) days after receipt of the planning commission's recommendation under subsection A,2 of this section, if:

a.

Any owner within the plat notifies the zoning administrator of their objection in writing within ten (10) days of mailed notification; or

b.

A public hearing is required because all of the owners in the subdivision have not signed the revised plat.

2.

The planning commission shall consider and provide a recommendation for a proposed vacation, alteration, or amendment under subsection A1 of this section before the city council takes final action. Such recommendation shall be given within thirty (30) days after the proposed vacation, alteration, or amendment is referred to the commission, or as that time period is extended by agreement with the petitioner.

3.

The public hearing requirement of subsection A,1 of this section does not apply and the city council may consider at a public meeting an owner's petition to alter a subdivision plat if:

a.

The petition seeks to join two (2) or more of an owner's contiguous, residential lots.

b.

Notice has been given pursuant to section 10-5-4 of this chapter.

4.

Each request to vacate or alter a street or alley, contained in a petition to vacate, alter, or amend a subdivision plat, is also subject to section 10-9a-609.5 of the Utah code.

5.

Any fee owner, as shown on the last county assessment rolls, of land within the subdivision that has been laid out and platted as provided in this title may, in writing, petition to have the plat, any portion of it, or any street or lot contained in it, vacated, altered, or amended as provided in this section.

6.

Each petition to vacate, alter, or amend an entire plat, a portion of a plat, or a street or lot contained in a plat shall include:

a.

The name and address of all owners of record of the land contained in the entire plat.

b.

The name and address of all owners of record of land adjacent to any street that is proposed to be vacated, altered, or amended.

c.

The signature of each of these owners who consents to the petition.

7.

a.

The owners of record of adjacent parcels that are described by either a metes and bounds description or a recorded plat may exchange title to portions of those parcels if the exchange of title is approved by the city council in accordance with subsection A,7,b of this section.

b.

The city council shall approve an exchange of title under subsection A7a of this section if the exchange of title will not result in a violation of a provision of this title.

c.

If an exchange of title is approved under subsection A,7,b of this section:

(1)

A notice of approval shall be recorded in the office of the county recorder which:

(A)

Is executed by each owner included in the exchange and by the land use authority.

(B)

Contains an acknowledgment for each party executing the notice in accordance with the provisions of recognition of acknowledgments act, title 57, chapter 2a of the Utah code.

(C)

Recites the descriptions of both the original parcels and the parcels created by the exchange of title.

(2)

A conveyance of title reflecting the approved change shall be recorded in the office of the Box Elder County recorder.

d.

A notice of approval recorded under this subsection A,7 does not act as a conveyance of title to real property and is not required for the recording of a document purporting to convey title to real property.

8.

a.

The name of a recorded subdivision may be changed by recording an amended plat making that change, as provided in this section and subject to subsection A,8,c of this section.

b.

The surveyor preparing the amended plat shall certify that the surveyor:

(1)

Holds a license in accordance with the professional engineers and professional land surveyors licensing act, title 58, chapter 22 of the Utah code.

(2)

Has completed a survey of the property described on the plat in accordance with section 17-23-17 of the Utah code and has verified all measurements.

(3)

Has placed monuments as represented on the plat.

c.

An owner of land may not submit for recording an amended plat that gives the subdivision described in the amended plat the same name as a subdivision in a plat already recorded in the county recorder's office.

d.

Except as provided in subsection A,8,a of this section, recording of a declaration or other document that purports to change the name of a recorded plat is voidable.

B.

Consideration of Petition to Vacate or Change a Plat: If the city council is satisfied that neither the public interest nor any person will be materially injured by the proposed vacation, alteration, or amendment, and that there is good cause for the vacation, alteration, or amendment, the council may vacate, alter, or amend the plat or any portion of the plat, subject to subsection C of this section.

1.

Following action by the city council to approve the vacation, alteration, or amendment the mayor shall sign an amended plat showing the vacation, alteration, or amendment.

2.

The city council shall ensure that the amended plat showing the vacation, alteration, or amendment is recorded in the office of the Box Elder County recorder.

3.

If an entire subdivision is vacated, the city council shall ensure that a council resolution containing a legal description of the entire vacated subdivision is recorded in the Box Elder County recorder's office.

C.

Vacating or Altering a Street or Alley: If a petition is submitted containing a request to vacate or alter any portion of a street or alley within a subdivision:

1.

The planning commission shall, after providing notice pursuant to section 10-5-4 of this chapter, make a recommendation to the city council concerning the request to vacate or alter.

2.

The city council shall hold a public hearing in accordance with section 10-5-4 of this chapter to determine whether good cause exists for the vacation or alteration.

3.

If the city council vacates or alters any portion of a street or alley, the council shall ensure that the plat is recorded in the office of the Box Elder County recorder.

4.

The action of city council vacating or narrowing a street or alley that has been dedicated to public use shall operate to the extent to which it is vacated or narrowed, upon the effective date of the vacating plat, as a revocation of the acceptance thereof, and the relinquishment of the city's fee therein, but the right of way and easements therein, if any, of any lot owner and the franchise rights of any public utility may not be impaired thereby.

(Amended by Ord. 2007-02 on 7/11/2007)

A.

Purpose: This section sets forth procedures for considering and approving a site plan. These procedures are established to encourage adequate advance planning and assure a good quality environment for the city. Such procedure is intended to provide for orderly, harmonious, safe, and functionally efficient development consistent with priorities, values, and guidelines stated in the various elements of the Honeyville City general plan, this title and the general welfare of the community.

B.

Authority: The city council is authorized to approve site plans as provided in this section after receiving a recommendation from the planning commission.

C.

Initiation: A property owner, or the owner's agent, may request approval of a site plan as provided in subsection D of this section.

1.

A site plan shall be required for any of the following uses unless expressly exempted from such requirement by another provision of this title:

a.

Any multiple-family residential use.

b.

Any public or civic use.

c.

Any commercial use.

d.

Any industrial use.

2.

When site plan approval is required, no building permit for the construction of any building, structure, or other improvement to the site shall be issued prior to approval of a site plan. No clearing, grubbing, grading, drainage work, parking lot construction or other site improvement shall be undertaken prior to site plan approval.

D.

Procedure: An application for site plan approval shall be considered and processed as provided in this subsection.

1.

A complete application shall be submitted to the zoning administrator in a form established by the administrator along with any fee established by the city's schedule of fees.

2.

A site plan application shall include at least the following information:

a.

The name, address and telephone number of the applicant and the applicant's agent, if any.

b.

The uses for which site plan approval is requested.

c.

A set of development plans showing the information required in subsections D,2,c,(1) to D,2,c,(5) of this section. The information required by each subsection shall be shown on separate sheets. Plans shall be drawn at a scale no smaller than one inch equals one hundred feet (1" = 100'). Except for the landscaping plan, the plans shall be prepared, stamped and signed by a professional engineer licensed by the state of Utah. The zoning administrator shall reasonably determine the number of sets of plans required to undertake the review required by this section. One set of plans, reduced to fit on eleven by seventeen-inch (11 x 17") paper, shall be provided.

(1)

Site plan showing the following:

(A)

All facilities related to the project located within two hundred fifty feet (250') of the site boundary.

(B)

Layout, dimensions, and names of existing and future road rights of way.

(C)

Project name, north arrow, and tie to a section monument.

(D)

The boundary lines of the project site with bearings and distances.

(E)

Layout and dimensions of proposed streets, buildings, parking areas, and landscape areas.

(F)

Location, dimensions, and labeling of other features such as bicycle racks, dumpsters, trash cans, fences, signage, mechanical equipment.

(G)

Location of manmade features including irrigation facilities, bridges, railroad tracks, and buildings.

(H)

A tabulation table, showing total gross acreage, square footage of street rights of way, square footage of building footprint, square footage of total building floor area, square footage of landscaping, number of parking spaces, and if any, the number and type of dwellings, and the percentage devoted to each dwelling type and overall dwelling unit density.

(I)

Identification of property, if any, not proposed for development.

(2)

Grading and drainage plan showing the following:

(A)

North arrow, scale, and site plan underlay.

(B)

Topography contours at one-foot (1') intervals.

(C)

Areas of substantial earthmoving with an erosion control plan.

(D)

Location of existing watercourses, canals, ditches, springs, wells, culverts, and storm drains, and proposed method of dealing with all irrigation and wastewater.

(E)

Location of any designated floodplain and/or wetland boundaries.

(F)

Direction of stormwater flows, catch basins, inlets, outlets, waterways, culverts, detention basins, orifice plates, outlets to off-site facilities, and off-site drainage facilities when necessary based on adopted city requirements. The discharge rate off-site is restricted to 0.1 cubic foot/second, or less where off-site facilities to accept stormwater are limited.

(G)

Hydraulic and hydrologic storm drainage calculations using a 10-year storm event. Certain locations in the path of major drainage may need to accommodate 100-year events.

(3)

Utility plan showing the following:

(A)

North arrow, scale, and site plan underlay.

(B)

All existing and proposed utilities including, but not limited to: sewer, culinary water, secondary water, fire hydrants, storm drains, subsurface drains, gas lines, power lines, communications lines, cable television lines, and streetlights.

(C)

Minimum fire flow required by the fire code for the proposed structures, and fire flow calculations at all hydrant locations.

(D)

Location and dimensions of all utility easements.

(E)

A letter from culinary water providers, addressing the feasibility and their requirements to serve the project.

(4)

Landscaping plan, consistent with the requirements of chapter 18 of this title.

(5)

Building elevations for all buildings showing the following:

(A)

Accurate front, rear, and side elevations drawn to scale.

(B)

Exterior surfacing materials and colors, including roofing material and color.

(C)

Outdoor lighting, furnishings and architectural accents.

(D)

Location and dimensions of signs proposed to be attached to the building or structure, or located on the premises.

d.

Where one or more conditions of unusual soil, vegetation, geology or slope exist, resulting in increased fire, flood or erosion hazards, traffic circulation problems, sewage disposal problems and potential property damage from extensive soil slippage and subsidence, an applicant shall, upon request of the planning commission or city engineer, provide contour and drainage plans, cut and fill specifications, and soil and geologic reports. The required details of such reports and plans may vary depending on the severity of the unusual conditions, but in any event such plans and reports shall be reviewed and approved by the city prior to final approval of a site plan.

e.

Any necessary agreements with adjacent property owners regarding storm drainage or other pertinent matters.

f.

Evidence of compliance with applicable federal, state, and local laws and regulations, if requested by the planning commission.

g.

A traffic impact analysis, if requested by the city engineer or the planning commission.

h.

Warranty deed or preliminary title report, or other document showing the applicant has control of the property, if requested by the planning commission.

i.

Wastewater discharges, septic tanks and drain fields approval from the Bear River health department.

j.

Parcel map(s) from the Box Elder County recorder's office showing the subject property and all property located within four hundred feet (400') thereof, if requested by the planning commission.

3.

After the application is determined to be complete, the zoning administrator shall schedule a public meeting before the planning commission as provided in section 10-5-4 of this chapter.

a.

A staff report evaluating the application may be prepared by the zoning administrator.

b.

The planning commission may call a public hearing if the commission determines a hearing is in the public interest.

4.

The planning commission shall hold a public meeting or hearing, as the case may be, and thereafter shall recommend to the city council approval, approval with conditions, or denial of the application pursuant to the standards set forth in subsection E of this section. Any conditions of approval shall be limited to conditions needed to conform the site plan to approval standards.

5.

The city council shall hold a public meeting, and may hold a public hearing, to consider the planning commission's recommendation and thereafter shall approve, approve with conditions, or deny the application pursuant to the standards set forth in subsection E of this section. Any conditions of approval shall be limited to conditions needed to conform the site plan to approval standards.

6.

After the city council makes a final decision, the zoning administrator shall give the applicant written notice of the decision within ten (10) days.

7.

Prior to the issuance of any building permit, the applicant shall provide the city a copy of the approved site plan which includes any required corrections or revisions. Once in final, approved form, a site plan shall be marked "Approved" by the city and shall be used as the basis for inspecting development and construction on the property subject to the site plan.

8.

A record of all site plan approvals shall be maintained in the office of the zoning administrator.

E.

Standards for Approval: The following standards shall apply to the approval of a site plan:

1.

The entire site shall be developed at one time unless a phased development plan is approved.

2.

A site plan shall conform to applicable standards set forth in this title and other applicable provisions of this code. Conditions may be imposed as necessary to achieve compliance with applicable code requirements.

3.

In order to assure that the development will be constructed to completion in an acceptable manner, the city may require that the applicant enter into an agreement and provide a satisfactory bond, escrow deposit, or letter of credit which shall assure timely construction and installation of improvements required by a site plan approval.

4.

In a planned center, individual uses shall be subject to the following requirements:

a.

The overall planned center shall have been approved as a conditional use which shall include an overall site plan, development guidelines, and a list of uses allowed in the center.

b.

Development guidelines for a planned center shall, as a minimum, address the following topics:

(1)

General site engineering (e.g., storm drainage, provision of utilities, erosion control, etc.).

(2)

Architectural guidelines, including building setbacks, height, massing and scale, site coverage by buildings, materials, and colors.

(3)

Landscaping and open space standards.

(4)

Signage.

(5)

Exterior lighting.

(6)

Parking, pedestrian and vehicular circulation, and access to the site.

(7)

Rights of access within the center (use of cross easements).

(8)

Development phasing and improvements/amenities to be completed with each phase.

(9)

Outdoor sales, storage and equipment.

(10)

Fencing and walls.

(11)

Maintenance standards and responsibilities.

c.

After approval of a planned center individual uses therein may be approved pursuant to a building permit. Building permits for individual uses with an approved planned center shall be reviewed by the zoning administrator for compliance of the proposed use to the overall site plan, development guidelines, and approved use list for the planned center. The zoning administrator shall approve, approve with conditions, or deny the permit based on compliance with applicable conditions of the site plan and provisions of this title.

F.

Appeal of Decision: Any person adversely affected by a final decision of the city council regarding a site plan may, within thirty (30) days after such decision, appeal to the board of appeals in accordance with the provisions of section 10-5-21 of this chapter.

G.

Effect of Approval: Every site for which a site plan has been approved shall conform to such plan.

1.

A building permit shall not be issued for any building or structure, external alterations thereto, or any sign or advertising structure until the provisions of this section have been met. No structures or improvements may be constructed unless shown on an approved site plan or required by law.

2.

Approval of a site plan shall not be deemed an approval of any conditional use permit or other permit. Approval of such permits shall be obtained in accordance with applicable provisions of this title.

H.

Amendments: Except as may be provided for elsewhere in this title, no element of an approved site plan shall be changed or modified without first obtaining approval of an amended site plan as follows:

1.

Alteration or expansion of an approved site plan may be permitted by the planning commission upon making the following findings:

a.

Any proposed use is consistent with uses permitted on the site.

b.

Existing uses were permitted when the site plan was approved, or have received a conditional use permit.

c.

The proposed use and site will conform to applicable requirements of this code.

d.

The proposed alteration or expansion meets the approval standards of subsection E of this section.

e.

The architecture of the proposed alteration or expansion, and landscaping, site design and parking layout are compatible with facilities existing on the site.

f.

The site can accommodate any change in the number of employees on the site or any change in impact on surrounding infrastructure.

2.

If the planning commission cannot make the findings required in the foregoing subsection, a conditional use permit or amended site plan, as the case may be, shall be approved before any alteration or expansion occurs.

3.

The procedure for approval of an amended site plan shall be the same as the procedure for approval of an original site plan as set forth in this section.

I.

Revocation: A site plan approval may be revoked as provided in section 10-7-6 of this title.

J.

Expiration: A site plan approval shall expire and have no further force or effect if the building, activity, construction or occupancy authorized by the approval is not commenced within one year.

(Adopted by Ord. 2007-02 on 7/11/2007)

A.

Purpose: This section sets forth procedures for considering and approving conditional use permits.

B.

Authority: The city council is authorized to approve conditional use permits as provided in this section after receiving a recommendation from the planning commission.

C.

Initiation: A property owner, or the owner's agent, may request a conditional use permit as provided in subsection D,1 of this section.

D.

Procedure: An application for a conditional use permit shall be considered and processed as provided in this subsection.

1.

A complete application shall be submitted to the office of the zoning administrator in a form established by the administrator along with any fee established by the city's schedule of fees. The application shall include at least the following information:

a.

The name, address and telephone number of the applicant and the applicant's agent, if any.

b.

The address and parcel identification of the subject land.

c.

The zone, zone boundaries, and present use of the subject land.

d.

A description of the proposed conditional use.

e.

A plot plan showing the following:

(1)

Applicant's name.

(2)

Site address.

(3)

Property boundaries and dimensions.

(4)

Layout of existing and proposed buildings, parking, landscaping, and utilities.

(5)

Adjoining property lines and uses within one hundred feet (100') of the subject property.

f.

Traffic impact analysis, if required by the city engineer.

g.

A statement by the applicant demonstrating how the conditional use permit request meets the approval standards of subsection E of this section.

h.

Such other and further information or documentation as the zoning administrator may reasonably require for proper consideration and disposition of a particular application.

2.

After the application is determined to be complete, the zoning administrator shall schedule a public meeting before the planning commission as provided in section 10-5-4 of this title.

a.

A staff report evaluating the application may be prepared by the zoning administrator.

b.

The planning commission may call a public hearing if the commission determines a hearing is in the public interest.

3.

The planning commission shall hold a public meeting or hearing, as the case may be, and thereafter shall recommend to the city council approval, approval with conditions, or denial of the application pursuant to the standards set forth in subsection E of this section. Any conditions of approval shall be limited to conditions needed to conform the conditional use permit to approval standards.

4.

The city council shall hold a public meeting, and may hold a public hearing, to consider the planning commission recommendation and thereafter shall approve, approve with conditions, or deny the application pursuant to the standards set forth in subsection E of this section. Any conditions of approval shall be limited to conditions needed to conform the conditional use permit to approval standards.

5.

After the city council makes a final decision, the zoning administrator shall give the applicant written notice of the decision within ten (10) days.

6.

A record of all conditional use permits shall be maintained in the office of the zoning administrator.

E.

Approval Standards: A conditional use shall be approved if reasonable conditions are proposed, or can be imposed, to mitigate the reasonably anticipated detrimental effects of the proposed use in accordance with applicable standards. If the reasonably anticipated detrimental effects of a proposed conditional use cannot be substantially mitigated by the proposal or the imposition of reasonable conditions to achieve compliance with applicable standards, the conditional use may be denied. The following standards shall apply to the issuance of a conditional use permit:

1.

A conditional use permit may be issued only when the proposed conditional use is allowed by the zone where the conditional use will be located, or by another provision of this title.

2.

Conditions may be imposed as necessary to prevent or minimize adverse effects upon other property or improvements in the vicinity of a conditional use, upon the city as a whole, or upon public facilities and services. Such conditions may include, but are not limited to, conditions concerning use, construction, character, location, landscaping, screening, parking, hours of operation, and other matters relating to the purposes and objectives of this title. Such conditions shall be expressly set forth in a motion authorizing a conditional use permit.

3.

No conditional use permit shall be authorized unless the evidence presented satisfies each of the following standards. The planning commission and city council may request additional information as may be reasonably needed to determine whether the standards of this subsection can be met.

a.

The proposed use will not, under the particular circumstances and conditions imposed, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity.

b.

The proposed use of the particular location is necessary or desirable to provide a service or facility which will contribute to the general wellbeing of the neighborhood and community.

c.

The proposed use will comply with regulations and conditions specified in this title for such use.

d.

The proposed use will be compatible with and complementary to existing surrounding uses, buildings and structures.

4.

The following factors shall be reviewed and considered in determining whether a conditional use permit application should be approved, approved with conditions, or denied:

a.

The harmony and compliance of the proposed use with the objectives and requirements of the city's general plan and this title.

b.

The suitability of the specific property for the proposed use.

c.

The development or lack of development adjacent to the proposed site and the harmony of the proposed use with existing uses in the vicinity.

d.

Whether or not the proposed use or facility may be injurious to potential or existing development in the vicinity.

e.

The economic impact of the proposed facility or use on the surrounding area.

f.

The aesthetic impact of the proposed facility or use on the surrounding area.

g.

The number of other similar conditional uses in the area and the public need for the proposed conditional use.

h.

The present and future requirements for transportation, traffic, water, sewer, and other utilities, for the proposed site and surrounding area.

i.

The safeguards proposed or provided to assure the use is served by adequate utilities, transportation access, drainage, parking, loading space, lighting, screening, landscaping, open space, fire protection, and pedestrian and vehicular circulation.

j.

The safeguards provided or proposed to prevent noxious or offensive emissions such as noise, glare, dust, pollutants and odor from the proposed use.

k.

The safeguards provided or proposed to minimize other adverse effects from the proposed facility or use on persons or property in the area; and

l.

The impact of the proposed use on the health, safety, and welfare of the city, the area, and persons owning or leasing property in the area.

F.

Appeal of Decision: Any person adversely affected by a final decision of the city council regarding a conditional use permit may, within thirty (30) days after such decision, appeal to the district court as provided in section 10-9a-801 of the Utah code, as amended.

G.

Effect of Approval: A conditional use permit shall not relieve an applicant from obtaining any other authorization, permit, or license required under this title or any other title of this code.

1.

A conditional use permit may be transferred so long as the use conducted thereunder conforms to the terms of the permit.

2.

Unless otherwise specified by the city council and subject to the provisions relating to amendment, revocation, or expiration of a conditional use permit, a conditional use permit shall be of indefinite duration.

H.

Amendment: The procedure for amending any conditional use permit shall be the same as the original procedure set forth in this section.

I.

Revocation: A conditional use permit may be revoked as provided in section 10-7-6 of this title.

1.

In addition to the grounds set forth in section 10-7-5 of this title, any of the following shall be grounds for revocation:

a.

The use for which a permit was granted has ceased for one year or more.

b.

The holder or user of a permit has failed to comply with the conditions of approval or any city, state, or federal law governing the conduct of the use.

c.

The holder or user of the permit has failed to construct or maintain the site as required by an approved site plan.

d.

The operation of the use or the character of the site has been found to be a nuisance or a public nuisance by a court of competent jurisdiction in any civil or criminal proceeding.

2.

No conditional use permit shall be revoked against the wishes of the holder or user of the permit without first giving such person an opportunity to appear before the city council and show cause as to why the permit should not be amended or revoked. Revocation of a conditional use permit shall not limit the city's ability to initiate or complete other legal proceedings against the holder or user of the permit.

J.

Expiration: A conditional use permit shall expire and have no further force or effect if the building, activity, construction, or occupancy authorized by the permit is not commenced within one year after approval.

(Adopted by Ord. 2007-02 on 7/11/2007)

A.

Purpose: This section sets forth procedures for reviewing permitted uses in public facility, commercial, and industrial zones to determine compliance with applicable requirements of this title. Such review is not required for uses in agricultural or residential zones nor for any use approved in conjunction with a site plan approval as provided in section 10-5-13 of this chapter.

B.

Authority: The zoning administrator is authorized to review and approve applications for permitted uses in public facility, commercial, and industrial zones as set forth in this section.

C.

Initiation: A property owner, the owner's agent, or a lessee may request a permitted use review as provided in subsection D,1 of this section.

D.

Procedure: Permitted use applications shall be considered and processed as provided in this subsection.

1.

A complete application shall be submitted to the zoning administrator in a form established by the administrator along with any fee established by the city's schedule of fees. The application shall include at least the following information:

a.

The name, address and telephone number of the applicant and the applicant's agent, if any.

b.

The address and parcel identification of the subject property.

c.

The zone, zone boundaries and present use of the subject property.

d.

A description of the proposed use.

e.

A plot plan showing the following:

(1)

Applicant's name.

(2)

Site address.

(3)

Property boundaries and dimensions.

(4)

Layout of existing and proposed buildings, parking, landscaping, and utilities.

(5)

Adjoining property lines and uses within one hundred feet (100') of the subject property.

f.

Other information needed to demonstrate the permitted use conforms to applicable provisions of this title.

2.

After an application is determined to be complete, the zoning administrator shall approve, approve with conditions, or deny the application pursuant to the standards set forth in subsection E of this section. Any conditions of approval shall be limited to conditions needed to conform the permitted use to approval standards.

3.

After making a final decision, the zoning administrator shall give the applicant written notice of the decision within ten (10) days.

4.

A record of all permitted use reviews shall be maintained in the office of the zoning administrator.

E.

Approval Standards: The following standards shall apply to approval of a permitted use. A permitted use shall:

1.

Be allowed as a permitted use in the applicable zone.

2.

Conform to development standards of the applicable zone.

3.

Conform to applicable regulations of general applicability and regulations for specific uses set forth in this title.

4.

Conform to any other applicable requirements of this code.

F.

Appeal of Decision: Any person adversely affected by a decision of the zoning administrator regarding a permitted use review may appeal to the hearing officer in accordance with the provisions of section 10-5-21 of this chapter.

G.

Effect of Approval: Approval of a permitted use shall authorize an applicant to engage in the permitted use subject to any conditions of approval. Approval of a permitted use shall not be deemed an approval of a conditional use permit, site plan, or other permit. Approval of such permits shall be obtained in accordance with applicable provisions of this title.

H.

Amendments: The procedure for amending any permitted use approval shall be the same as the original procedure set forth in this section.

I.

Revocation: A permitted use approval may be revoked as provided in section 10-7-6 of this title.

J.

Expiration: A permitted use approval shall expire and have no further force or effect if the building, activity, construction, or occupancy authorized by the approval is not commenced within one hundred eighty (180) days after approval.

(Adopted by Ord. 2007-02 on 7/11/2007; Ord. No. 2025-02, § 1, 7-9-2025)

A.

Purpose: This section sets forth procedures for considering and approving a temporary use permit.

B.

Authority: The zoning administrator is authorized to issue temporary use permits as provided in this section.

C.

Initiation: Any person may apply for a temporary use permit as provided in subsection D,1 of this section.

D.

Procedure: An application for a temporary use permit shall be considered and processed as provided in this subsection.

1.

A complete application shall be submitted to the zoning administrator in a form established by the administrator along with any fee established by the city's schedule of fees. The application shall include at least the following information:

a.

The name, address and telephone number of the applicant and the applicant's agent, if any.

b.

The name and address of the applicant and the name and address of every person or company the applicant represents.

c.

The person chiefly responsible for the event or use and/or the sponsoring organization and its chief officer.

d.

The requested temporary use.

e.

The place, date, time of the event, and hours of operation of the proposed use.

f.

A statement of the approximate number of persons, animals, and/or vehicles which will participate in the event or be generated by the temporary use, and an explanation of how the number was derived, such as the number of presold tickets, available seating and/or parking, and past experience with similar activities.

g.

The following maps, plans, and documents evidencing sufficient measures to be taken to reasonably protect the health, safety, and welfare of patrons and the public in general:

(1)

A scale drawing of the area in which the event is to be held or the use conducted, showing the location of any existing structures and improvements on the site of the proposed temporary use, including, but not limited to, parking areas, curbs, gutters, sidewalks, and outside storage areas.

(2)

Sufficient evidence to demonstrate that the temporary use will meet the general and specific requirements of sections 10-29-4 and 10-29-5 of this title.

h.

Other such items as reasonably requested by the zoning administrator to determine the feasibility of the temporary use.

2.

After the application is determined to be complete, the zoning administrator shall solicit recommendations from the Bear River health department, city engineer, and fire prevention and law enforcement officials. Thereafter the zoning administrator shall approve, approve with conditions, or deny the application pursuant to the standards set forth in subsection E of this section. Any conditions of approval shall be limited to conditions needed to conform the temporary use permit to approval standards.

3.

After making a final decision, the zoning administrator shall give the applicant written notice of the decision within ten (10) days.

4.

A record of all temporary use permits shall be maintained in the office of the zoning administrator.

E.

Approval Standards: The following standards shall apply to the issuance of a temporary use permit:

1.

A temporary use shall conform to:

a.

The development standards set forth in sections 10-29-4 and 10-29-5 of this title.

b.

Any recommendations received from the Bear River health department, city engineer, and fire prevention and law enforcement officials.

2.

No temporary use permit shall be issued unless the zoning administrator finds the proposed temporary use:

a.

Will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working within the vicinity, or injurious to property, improvements or the public in general.

b.

Will not substantially interrupt the safe and orderly movement of public transportation or other vehicular and pedestrian traffic in the area, nor block traffic lanes or hinder traffic during peak commuter hours on weekdays on any primary arterial street or principal commuter route designated by the city.

c.

Will not conflict with construction or development in the public right of way or at public facilities.

d.

Will not unduly interfere with the movement of police, fire, ambulance, or other emergency vehicles on the streets, nor require the diversion of so great a number of police, fire, or other essential public employees from their normal duties as to prevent reasonable police, fire, or other public services protection to the remainder of the city.

e.

Will not conflict with nor be incompatible with the permitted uses and regulations of the zone within which the temporary use is located.

f.

Is in compliance with regulations, conditions and licensing requirements of applicable provisions of this code.

F.

Appeal of Decision: Any person adversely affected by a final decision of the zoning administrator regarding a temporary use permit may appeal to the hearing officer in accordance with the provisions of section 10-5-21 of this chapter.

G.

Effect of Approval: Approval of a temporary use permit shall authorize an applicant to engage in the temporary use subject to conditions of approval as may be imposed by the zoning administrator.

H.

Amendments: The procedure for amending a temporary use permit shall be the same as the original procedure set forth in this section.

I.

Revocation: A temporary use permit may be revoked as provided in section 10-7-6 of this title.

J.

Expiration: A temporary use permit shall expire as provided in subsection 10-29-4E of this title. Extensions of time shall be prohibited.

(Adopted by Ord. 2007-02 on 7/11/2007; Ord. No. 2025-02, § 1, 7-9-2025)

A.

Purpose: This section sets forth procedures for considering and approving a sign permit.

B.

Authority: The zoning administrator is authorized to issue sign permits as provided in this section.

C.

Initiation: Any person may apply for a sign permit as provided in subsection D,1 of this section.

D.

Procedure: An application for a sign permit shall be considered and processed as provided in this subsection.

1.

A complete application shall be submitted to the zoning administrator in a form established by the administrator along with any fee established by the city's schedule of fees. The application shall include at least the following information:

a.

The name, address and telephone number of the applicant and the applicant's agent, if any.

b.

A statement by the applicant demonstrating how the sign permit request meets the approval standards of subsection E of this section.

c.

A plot plan showing:

(1)

Applicant's name.

(2)

Site address.

(3)

Property boundaries and dimensions.

(4)

Layout of existing and proposed buildings, parking, landscaping, and utilities; and

(5)

Adjoining property lines and uses within one hundred feet (100') of the subject property.

d.

An elevation drawing showing:

(1)

Type of sign.

(2)

Sign location in relation to nearest property line.

(3)

Sign height.

(4)

Sign face area.

(5)

Sign illumination details.

(6)

Reflective elements and materials.

2.

After the application is determined to be complete, the zoning administrator shall approve, approve with conditions or deny the application pursuant to the standards set forth in subsection E of this section. Any conditions of approval shall be limited to conditions needed to conform the sign permit to approval standards.

3.

After making a decision, the zoning administrator shall give the applicant written notice of the decision within ten (10) days.

4.

A record of all sign permits shall be maintained in the office of the zoning administrator.

E.

Approval Standards: The following standards shall apply to the issuance of a sign permit:

1.

A sign shall conform to applicable provisions of chapter 21 of this title.

2.

Each sign shall be inspected by a designated officer of the city immediately after installation. The permittee shall request inspection within five (5) business days after installation. Any sign not conforming to the requirements of chapter 21 of this title shall be made to conform or be removed.

3.

Building and electrical permits shall be obtained as required by the building code.

F.

Appeal of Decision: Any person adversely affected by a decision of the zoning administrator regarding a sign permit may appeal to the hearing officer in accordance with the provisions of section 10-5-21 of this chapter.

G.

Effect of Approval: Approval of a sign permit shall authorize an applicant to:

1.

Construct the sign as indicated on the permit, if no building and electrical permits are required.

2.

If building and electrical permits are required, such permits shall be obtained prior to construction.

H.

Amendments: The procedure for amending any sign permit shall be the same as the original procedure set forth in this section.

I.

Revocation: A sign permit may be revoked as provided in section 10-7-6 of this title.

J.

Expiration: A sign permit shall expire and have no further force or effect if the sign authorized by the permit is not installed within one hundred eighty (180) days after approval.

(Adopted by Ord. 2007-02 on 7/11/2007; Ord. No. 2025-02, § 1, 7-9-2025)

A.

Purpose: This section sets forth procedures for determining zoning compliance of a building permit application.

B.

Authority: The zoning administrator is authorized to review building permits for zoning compliance as provided in this section.

C.

Initiation: Any person who applies for a building permit as provided in the building code shall be subject to this section.

D.

Procedure: A building permit application shall be reviewed for zoning compliance as provided in this subsection.

1.

A complete building permit application shall be submitted to the building official in a form established by the building official along with any fee established by the city's schedule of fees. The application shall include at least the following information:

a.

The name, address and telephone number of the applicant and the applicant's agent, if any; and

b.

A plot plan showing the following:

(1)

Applicant's name.

(2)

Site address.

(3)

Property boundaries and dimensions.

(4)

Layout of existing and proposed buildings, parking, landscaping, and utilities.

(5)

Adjoining property lines and uses within one hundred feet (100') of the subject property.

2.

After the application is determined to be complete, the building official shall transmit the application to the zoning administrator. The zoning administrator shall approve, approve with conditions, or deny the zoning compliance request pursuant to the standards set forth in subsection E of this section. Any conditions of approval shall be limited to conditions needed to conform the permit to approval standards.

3.

After making a final decision, the zoning administrator shall give the building official written notice of the zoning compliance decision within ten (10) days.

4.

A record of all zoning compliance reviews shall be maintained in the office of the building official.

E.

Approval Standards: The following standards shall apply to determining zoning compliance of a building permit application:

1.

No building permit shall be approved for zoning compliance unless:

a.

The proposed building, structure, or use when built, and the land on which it is located, will conform to applicable provisions of this title and any applicable conditions of approval required under a permit applicable to the subject land.

b.

The activity for which the permit is issued is located on a legally created and improved lot, except as otherwise provided in subsection E,2 of this section.

2.

If a lot for which a building permit is sought does conform to the street right of way or improvement standards of this title, a building permit may be issued only if the landowner dedicates sufficient land to the city to provide local street access to the lot or meets the requirements of subsection E,3 of this section.

3.

In lieu of requiring completion of all improvements to a dedicated city street prior to the issuance of a building permit, a building permit may be issued if:

a.

The road is traversable by expected vehicular traffic and law enforcement, fire, and other emergency vehicles.

b.

A written agreement is executed by the landowner stating the owner's consent to the formation of a special improvement district at such time as may be determined by the city for the purpose of completing all improvements to said street in accordance with city standards.

F.

Appeal of Decision: Any person adversely affected by a final decision of the zoning administrator regarding zoning compliance of a building permit may appeal to the hearing officer in accordance with the provisions of section 10-5-21 of this chapter.

G.

Effect of Approval: Approval of zoning compliance shall authorize an applicant to proceed with the building permit review process. The requirements of this section shall be in addition to any other requirements for the issuance of a building permit, as contained in this code.

H.

Amendments: The procedure for amending any zoning compliance decision shall be the same as the original procedure set forth in this section.

I.

Expiration: A building permit shall expire and have no further force or effect if the building, activity, construction or occupancy authorized by the permit is not commenced within the time provided by the applicable building code.

(Adopted by Ord. 2007-02 on 7/11/2007; Ord. No. 2025-02, § 1, 7-9-2025)

A.

Purpose: This section sets forth procedures for determining the existence, expansion, or modification of a nonconforming use or lot, noncomplying structure, or other nonconformity.

B.

Authority: The planning commission is authorized to make determinations regarding the existence, expansion or modification of a nonconforming use or lot, noncomplying structure, or other nonconformity as provided in this section.

C.

Initiation: A property owner, or the owner's agent, may request a determination regarding the existence, expansion or modification of a nonconforming use or lot, noncomplying structure, or other nonconformity affecting the owner's property as provided in subsection D,1 of this section.

D.

Procedure: An application for a determination of the existence, expansion or modification of a nonconforming use, structure, lot, or other nonconformity shall be considered and processed as provided in this subsection.

1.

A complete application shall be submitted to the zoning administrator in a form established by the administrator along with any fee established by the city's schedule of fees. The application shall include at least the following information:

a.

The name, address and telephone number of the applicant and the applicant's agent, if any.

b.

The nonconforming use or lot, noncomplying structure, or other nonconformity in question.

c.

A description of the action requested by the applicant.

d.

Grounds for finding the use, structure, lot, or other circumstance is nonconforming or for allowing expansion or modification of the nonconformity.

2.

After the application is determined to be complete, the planning commission shall approve, approve with conditions, or deny the application pursuant to the standards set forth in subsection E of this section. Any conditions of approval shall be limited to conditions needed to conform the nonconformity, its expansion or modification to approval standards.

3.

After the planning commission makes a final decision, the zoning administrator shall give the applicant written notice of the decision within ten (10) days.

4.

A record of all nonconforming use determinations shall be maintained in the office of the zoning administrator.

E.

Standard for Decision: A determination regarding the existence, expansion, or modification of a nonconforming use, structure, lot, or other nonconformity shall be based on applicable provisions of chapter 6 of this title.

F.

Appeal of Decision: Any person adversely affected by a final decision of the planning commission regarding a nonconforming use or lot, non-complying structure, or other nonconformity may, within thirty (30) days after such decision, appeal to the hearing officer in accordance with the provisions of section 10-5-21 of this chapter.

G.

Effect of Decision: An applicant may continue, expand, or modify a nonconforming use or lot, noncomplying structure, or other nonconformity as determined by the planning commission.

H.

Expiration: Determinations regarding nonconformities shall not expire but shall run with the land.

(Adopted by Ord. 2007-02 on 7/11/2007; Ord. No. 2025-02, § 1, 7-9-2025)

A.

Purpose: The provisions of this title, though detailed and extensive, cannot as a practical matter address every specific situation to which these provisions may be applied. This section allows the zoning administrator to interpret a provision of this title in light of the general and specific purposes for which it was enacted and as applied to specific circumstances.

B.

Authority: The zoning administrator is authorized to render interpretations of the provisions of this title, and any rule or regulation adopted pursuant thereto, as provided in this section.

C.

Initiation: Any person may request an administrative interpretation as provided in subsection D,1 of this section.

D.

Procedure: An application for an administrative interpretation shall be considered and processed as provided in this subsection.

1.

A complete application shall be submitted to the zoning administrator in a form established by the administrator along with any fee established by the city's schedule of fees. The application shall include at least the following information:

a.

The name, address and telephone number of the applicant and the applicant's agent, if any.

b.

The specific provision or provisions of this title for which an interpretation is requested.

c.

Specific facts of the situation which illustrate the need for an administrative interpretation.

d.

The interpretation claimed by the applicant to be correct.

e.

When a use interpretation is requested the application shall include:

(1)

A statement explaining why the proposed use should be deemed as included within a use category allowed by the zone applicable to the property.

(2)

Documents, statements, and other evidence demonstrating that the proposed use will conform to all use limitations established by the applicable zone.

2.

After the application is determined to be complete, the zoning administrator shall review the request and make an interpretation in accordance with the standards set forth in subsection E of this section.

3.

After the planning commission makes a final decision, the zoning administrator shall give the applicant written notice of the decision within ten (10) days.

4.

A record of all administrative interpretations shall be maintained in the office of the zoning administrator.

E.

Standards for Making Administrative Interpretations: The following standards shall apply to administrative interpretations:

1.

Administrative interpretations shall not add to or change the provisions of this title.

2.

Questions about the location of zone boundaries shall be resolved by applying the standards set forth in section 10-9-4 of this title.

3.

An administrative interpretation shall be consistent with:

a.

The provisions of this title; and

b.

Any previously rendered interpretations based on similar facts occurring after the effective date of this title.

4.

A use interpretation shall also be subject to the following standards:

a.

A use defined in section 10-3-4 of this title shall be interpreted as provided therein.

b.

Any use specifically listed as "not permitted" in a table of permitted and conditional uses for a particular zone shall not be allowed in that zone.

c.

No use interpretation shall allow a use in a zone unless evidence is presented demonstrating the use will conform to development standards established for the zone.

d.

No use interpretation shall allow a use in a particular zone unless the use is substantially similar to a use allowed in the zone.

e.

If a proposed use is most similar to a conditional use authorized in the zone in which it is proposed to be located, any interpretation allowing such use shall require that the use be approved only as a conditional use pursuant to section 10-5-14 of this chapter.

f.

No use interpretation shall permit the establishment of any use that would be inconsistent with the statement of purpose of the zone in which it would be located.

F.

Appeal of Decision: Any person adversely affected by an administrative interpretation rendered by the zoning administrator may appeal to the hearing officer in accordance with the provisions of section 10-5-21 of this chapter.

G.

Effect of Approval: An administrative interpretation shall apply only to the land for which an interpretation is given.

1.

A use interpretation finding a use to be a permitted or conditional use in a particular zone shall be deemed to authorize only that use. A use interpretation shall not authorize another allegedly similar use for which a separate use interpretation has not been issued.

2.

A use interpretation finding a particular use to be a permitted or conditional use shall not authorize the establishment of such use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for any approvals or permits that may be required by this title or other applicable provisions of this code.

(Adopted by Ord. 2007-02 on 7/11/2007; Ord. No. 2025-02, § 1, 7-9-2025)

A.

Purpose: This section sets forth procedures for appealing an administrative decision applying provisions of this title.

B.

Authority: The hearing officer shall hear and decide any appeal from an administrative decision applying the provisions of this title as provided in this section.

C.

Initiation: Any person, or any officer, department, or board of the city, adversely affected by a decision administering or interpreting a provision of this title may appeal to the hearing officer as provided in subsection D,1 of this section. A complete application for an appeal shall be filed within ten (10) days of the decision which is appealed.

1.

Only decisions applying this title may be appealed to the hearing officer.

2.

A person may not appeal, and the hearing officer may not consider any amendment to this title. An appeal may not be used to waive or modify the terms or requirements of this title.

D.

Procedure: An appeal of an administrative decision to the hearing officer shall be considered and processed as provided in this subsection.

1.

A complete application shall be submitted to the zoning administrator in a form established by the administrator along with any fee established by the city's schedule of fees. The application shall include at least the following information:

a.

The name, address and telephone number of the applicant and the applicant's agent, if any.

b.

The decision being appealed.

c.

Grounds for the appeal.

d.

A description of the action claimed by the applicant to be incorrect.

2.

After an application is determined to be complete, the zoning administrator shall schedule a public meeting before the hearing officer as provided in section 10-5-4 of this chapter. Prior to the hearing, the zoning administrator shall transmit to the hearing officer all papers constituting the record of the action which is appealed.

3.

The hearing officer shall consider the appeal at a public meeting and thereafter shall approve, approve with conditions, or deny the appeal. Any conditions of approval shall be limited to conditions needed to conform the matter appealed to applicable approval standards.

4.

After the hearing officer makes a final decision, the zoning administrator shall give the applicant written notice of the decision within ten (10) days.

5.

A record of all appeals shall be maintained in the office of the zoning administrator.

E.

Standards for Decision:

1.

The hearing officer may reverse or affirm, wholly or in part, or may modify an administrative decision. To that end, the hearing officer shall have all the powers of the officer from whom the appeal was taken, may attach appropriate conditions, and may issue or direct the issuance of a permit.

2.

The person making an appeal shall have the burden of proving that an error has been made.

3.

The hearing officer shall review an administrative decision for correctness and shall give no deference to the reasonableness of the decision being appealed.

4.

Because the provisions of this title are in derogation of a property owner's common law right to unrestricted use of property, any provision of this title found to be ambiguous shall be construed in favor of the property owner.

F.

Appeal of Decision: Any person adversely affected by a final decision of the hearing officer regarding an appeal of an administrative decision may, within thirty (30) days after such decision, appeal to the district court as provided in section 10-9a-801 of the Utah code, as amended.

(Adopted by Ord. 2007-02 on 7/11/2007; Ord. No. 2025-02, § 1, 7-9-2025)

A.

Purpose: This section sets forth procedures for considering and approving a variance to the provisions of this title. Variance procedures are intended to provide a narrowly circumscribed means by which relief may be granted from particular unforeseen applications of the provisions of this title that create unreasonable hardships.

B.

Authority: The hearing officer is authorized to hear and decide variances to the provisions of this title as provided in this section.

C.

Initiation: A property owner, lessee, or holder of a beneficial interest in property, or the agent thereof, may request a variance to the provisions of this title as provided in subsection D,1 of this section. All such applications shall be signed by the owner of property for which the variance is sought.

D.

Procedure: An application for a variance shall be considered and processed as provided in this subsection.

1.

A complete application shall be submitted to the zoning administrator in a form established by the administrator along with any fee established by the city's schedule of fees. The application shall include at least the following information:

a.

The name, address and telephone number of the applicant and the applicant's agent, if any.

b.

The address and parcel identification of the subject property.

c.

The specific feature or features of the proposed use, construction or development that require a variance.

d.

The specific provision of this title from which a variance is sought.

e.

A statement of the characteristics of the subject property that prevent compliance with the provisions of this title and result in unnecessary hardship.

f.

A statement of the amount of variation needed to permit the proposed use, construction or development.

g.

An explanation of how the application satisfies the variance standards set forth in subsection E of this section.

h.

A plot plan showing the following:

(1)

Applicant's name.

(2)

Site address.

(3)

Property boundaries and dimensions.

(4)

Layout of existing and proposed buildings, parking, landscaping, and utilities.

(5)

Adjoining property lines and uses within one hundred feet (100') of the subject property.

i.

An elevation plan drawn to scale showing elevations of existing and proposed structures.

j.

When the variance involves building height, a streetscape plan showing the height of all buildings within one hundred fifty feet (150') of the subject property.

k.

When a variance involves grade changes, a topographical drawing prepared by a licensed surveyor or civil engineer, showing existing topography in dashed lines at two-foot (2') intervals and showing the proposed grade in solid lines at two-foot (2') intervals.

l.

When a variance involves retaining walls, a plan showing all retaining walls, including their height relative to proposed grades.

m.

Any other information reasonably determined by the zoning administrator to be pertinent to a requested variance.

2.

After the application is determined to be complete, the zoning administrator shall schedule a public meeting before the hearing officer as provided in section 10-5-4 of this chapter.

3.

A staff report evaluating the application may be prepared by the zoning administrator.

4.

The hearing officer shall hold a public meeting and thereafter shall approve, approve with conditions or deny the application pursuant to the standards set forth in subsection E of this section. Any conditions of approval shall be limited to conditions needed to conform the variance to approval standards.

5.

After the hearing officer makes a final decision, the zoning administrator shall give the applicant written notice of the decision within ten (10) days.

6.

A record of all variances shall be maintained in the office of the zoning administrator.

E.

Approval Standards: The following standards shall apply to a variance:

1.

The hearing officer may grant a variance only if:

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 property in the same zone.

d.

The variance will not substantially affect the general plan and will not be contrary to the public interest.

e.

The spirit of this title is observed and substantial justice done.

2.

The hearing officer may find an unreasonable hardship exists only if 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. The hearing officer may not find an unreasonable hardship exists if the hardship is self-imposed or economic.

3.

The hearing officer may find that special circumstances attached to the property 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.

4.

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

5.

A use variance may not be granted.

6.

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

7.

A variance more restrictive than that requested by an applicant may be authorized when the record supports the applicant's right to some relief but not to the extent requested.

F.

Appeal of Decision: Any person adversely affected by a final decision of the hearing officer regarding a variance may, within thirty (30) days after such decision, appeal to the district court as provided in section 10-9a-801 of the Utah code, as amended.

G.

Effect of Approval: A variance shall not authorize the establishment of any use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for any approvals or permits that may be required by this title or other applicable provisions of this code.

H.

Amendments: The procedure for amending any variance decision shall be the same as the original procedure set forth in this section.

I.

Expiration: A variance shall not expire but shall run with the land.

(Adopted by Ord. 2007-02 on 7/11/2007; Ord. No. 2025-02, § 1, 7-9-2025)