To provide for the efficient and fair administration and enforcement of this Title.

1. No construction or alteration of any building over 200 square feet shall commence until the City has issued a permit. A land use review or sketch review shall be obtained prior to the construction of any accessory building or structure for which a building permit is not required as set forth in HCC 10-2B-6. No excavation shall commence in the City right of way without the prior issuance of an excavation permit.
2. No permit shall be issued for any use on a property in violation of this Title or on a property that contains structures or uses in violation of this Title. Any permit secured in violation of a State or Federal law shall be invalid.
3. The permit shall be invalid upon violation of any regulations of this Title on the subject property.
4. Permits issued in conjunction with a proposed use shall expire if said use has not commenced within 1 year of the date of issuance of the permit.
5. Permits issued in conjunction with construction or alteration of a structure shall expire if said construction or alteration has not commenced within 1 year of the date of issuance of the permit.
6. The permit may require inspections and approvals specified in the approval of the application.
7. If the City determines the conditions of the permit have been violated, the City may require that all further work stop on a project until the violation has been remedied.

1. Planning and Zoning Commission:
   1. The Commission shall have jurisdiction and authority as set out in HCC 10-5B and shall:
      1. Provide for citizen meetings, hearings, surveys, or other methods to obtain advice on the planning process, General Plan, and implementation;
      2. Conduct informational meetings and consult with public officials and agencies, public utility companies, and civic, educational, professional, or other organizations;
      3. Promote a public interest in and understanding of the Commission’s activities;
      4. Make recommendations to the City Council concerning the General Plan, planning process, or implementation of the General Plan; and
      5. Enter upon any property at reasonable times to make examinations and surveys.
   2. The Commission shall have the authority to act on the following applications, which require transmittals to agencies, notice to the public, and a public hearing before the Commission:
      Conditional Use
   3. The Commission shall have the authority to make a recommendation to the City Council on the following applications or petitions, all of which, accept Subdivisions, shall require transmittals to agencies and cities, notice to the public, and a public hearing before the Commission:
      Annexation Amendment to the General Plan (Text or Map) Amendment to the Zoning Ordinance (Text or Map) Subdivision, Preliminary Plat and Final Plat
2. Hearing Officer and Appeal Authority:
   1. The following shall have jurisdiction and authority to hear and decide the issues below, as further set out in HCC 10-5C, all of which shall be decided at a public meeting:
      1. appeals from zoning decisions applying the zoning and subdivision ordinance shall be heard by the City Council if the initial decision was made by the Planning Commission and by the hearing officer if the initial decision was made by City Council;
      2. special exceptions to the terms of the zoning ordinance shall be heard by the City Council if the initial decision was made by the Planning Commission and by the Hearing Officer if the initial decision was made by the City Council;
      3. variances from the terms of the zoning ordinance shall be heard by the hearing officer;
3. City Council:
   1. The City Council shall have the authority to act on the following applications and petitions, all of which shall require a recommendation from the Commission, transmittals to agencies and cities, notice to the public, and public hearing:
      
      Annexation Amendment to the General Plan (Text or Map) Amendment to the Zoning Ordinance (Text or Map) Subdivision, Preliminary Plat and Final Plat

A. Process for Changing Zoning and/or The Future Land Use Map portion of the General Plan:

1. All proposed changes in zoning initiated by the City Council, Planning Commission or property owner shall follow the notice and public hearing procedures in HCC 10-5A and Utah Code 10-9a Part 2 notice.

2. Proposals for changing property zoning may be initiated by the property owner by submitting an application and fees, as set forth in HCC 10-5A, to the city office on forms provided by the City.

3. All proposed changes in the zoning shall first come before the Planning Commission for consideration and a recommendation of approval or denial to the City Council.

a.) If the proposed change in Zoning differs from the Future Land Use Map, the Planning Commission shall make a recommendation to City Council as to whether or not the future land use map portion of the General Plan shall be opened for the proposed amendment. The Planning Commission recommendation will be submitted to the considered by the City Council following public notice hearing requirements.

i. If accepted, the City Council will open, modify, and close the Future Land Use Map portion of the General Plan in one meeting.

ii. If the petition is denied by the City Council, the landowner may again apply for the same change no sooner than twelve (12) months from their original Planning Commission Meeting.

4. The City Council shall apply the standards listed in paragraph B and the required findings listed in paragraph C to review the zoning and/or land use map amendment.

5. For the general health, safety, welfare of the public, or to comply with State Law, the City Council reserves the right to open and make changes to the General Plan at any time, following the same procedural process as outlined about in HCC 10-5-4 (A)(1) and HCC 10-5-4 (A)(3)

B. Standards: For zoning ordinance map amendments, the subject property(ies) must meet the minimum dimensional standards of the proposed base zone, other wise the property(ies) shall not be eligible for rezone.

C. Required Findings: Upon recommendation from the Commission, the City Council shall make a full investigation and shall, at the public meeting, review the application. In order to grant a map or text amendment to the zoning ordinance, the City Council shall make the following findings:

1. The zoning amendment complies with the General Plan;

2. The zoning amendment complies with the regulations outlined for the proposed base zone, specifically the purpose statement;

3. The zoning amendment shall not be materially detrimental to the public health, safety, and welfare, and;

4. The zoning amendment shall not result in an adverse impact upon the delivery of services by any service provider providing public services within the city including, but not limited to, school districts, fire districts, water or sewer districts, or utilities.

1. Process:
   1. The applicant for a variance shall submit a fee and an application in writing to the City. Such application shall be submitted to the City on forms provided by the City and shall describe the variance requested, and present all applicable information regarding measurements and uses and, in particular, shall state how each of the requirements for a variance are met.
   2. The Hearing Officer shall apply the standard listed in paragraph B and the required findings listed in paragraph C to review the variance.
2. Standard: The variance shall comply with HCC 10-5C-4 paragraph D.
3. Required Findings: In order to grant a variance, the Hearing Officer shall make the following findings consistent with HCC 10-5C-4 paragraph D:
   1. The variance will not be contrary to the public interest.
   2. Owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardships and difficulties.
   3. The spirit of the ordinance shall be observed.
   4. Substantial justice shall be done.
   5. The variance will not substantially affect the General Plan of zoning in the city.
   6. Special circumstances are attached to the property covered by the application which does not generally apply to the other property in the same zone.
   7. Because of special circumstances, property covered by the application is deprived of privileges possessed by other properties in the same zone, and that the granting of the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone. Variances shall not be used to circumvent the provisions of the ordinance, or to grant benefits and advantages generally denied by the ordinance.

1. Purpose: The purpose of this ordinance is to outline the standards the Planning Commission will follow when considering a conditional use application, as allowed under HCC 10-2, and to outline the circumstances that will cause a conditional use permit to expire.
2. Standard for Granting or Denying a Conditional Use Permit:
   1. 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 city standards, including but not limited to, the health, safety, and general welfare of the population of Hooper City.
   2. The Planning Commission may establish lists of standard conditions that will apply universally to certain land uses.
   3. If the reasonably anticipated detrimental effect of a proposed conditional use cannot be substantially mitigated by the proposal or the imposition of reasonable conditions to achieve compliance with applicable city standards, the conditional use may be denied.
3. Expiration of a Conditional Use Permit: A conditional use permit granted by the City of Hooper shall expire as follows:
   1. If there is no substantial action to carry out the purpose of the conditional use permit as determined by the planning commission within one year of its issuance. The planning commission may grant a maximum extension, upon request, of up to twelve (12) months under exceptional circumstances; or
   2. If a permitted use or a different conditional use replaces the use allowed under the permit; or
   3. If the conditional use is discontinued for a continuous period of one year. The Planning Commission may grant an extension, upon request, of up to five (5) years under exceptional circumstances.
4. New Permit Required: Once the conditional use permit has expired, a new conditional use permit shall be required in order to occupy the site for that use.

An application for a time extension shall be reviewed by the City. The time extension shall commence from the date of expiration of the previous approval, except in the case of an appeal of a City Council approval, when the time extension shall commence from the final resolution of such appeal.

1. Process:
   1. An application and fees, as set forth in HCC 10-5A, shall be submitted to the City on forms provided by the City.
      1. The application shall include a written request indicating the need for a time extension.
      2. The application shall be filed at least 30 days prior to expiration date of the original approval.
   2. At the discretion of the City, other agencies may be notified of the time extension request in order to solicit their comments and recommendations for consideration.
   3. The City shall apply the standards listed in paragraph B and the findings listed in paragraph C to review the time extension. The City may impose additional conditions in an approval of a time extension for an approved development (excluding final plats).
2. Standards:
   1. The applicant or owner for an approved development (excluding final plats) may apply for one (and only one) time extension for a period not to exceed one year.
   2. The applicant or owner for an approved final plat may apply for one (and only one) time extension for each phase of the final plat. The time extension shall be for a period not to exceed one year.
3. Required Findings: In order to grant a time extension, the City shall make the following findings:
   1. The time extension meets the standards listed in paragraph B; and
   2. The applicant and/or owner have adequately justified the need for a time extension.

1. Any decision or action may be appealed as set forth in this Chapter. The appellant shall be an adversely affected person or entity
   1. A party aggrieved by a final decision or action within the jurisdiction and authority of the City may appeal to the City Council.
   2. A party aggrieved by a final decision or action within the jurisdiction and authority of the Commission may appeal to the City Council or Hearing Officer.
      
   3. A party aggrieved by a final decision or action of the City Council may appeal to the Hearing Officer.
      
   4. A party aggrieved by a final decision or action of the City Council or Hearing Officer may seek judicial review as provided by Utah Code.
2. Appeal procedures from decisions of the City.
   1. Appeals of written decisions shall be filed with the City within 15 days after the date of the written decision of the City, or it shall not be accepted. An application and fees, as set forth in HCC 10-5A, shall be submitted to the City on forms provided by the City.
   2. Upon notice of application for appeal, the City shall, within 10 days, transmit to the City Council the original or certified copy of the order, requirement, permit, decision, or determination of the City and any attached conditions thereto.
   3. The City shall schedule and the City Council shall consider the appeal at a public meeting.
   4. At the public meeting, the City Council shall consider the order, requirement, permit, decision, or determination of the City, and any attached conditions thereto. The Commission shall also consider any additional evidence that may be offered by the public, applicant, and/or City.
   5. The City Council may affirm, reverse, modify, in whole or in part the order, requirement, permit, decision, or determination appealed from, or make or substitute any additional conditions that in its deliberations it may find warranted.
3. Appeal procedures from decisions of the Commission.
   1. Appeals of written decisions shall be filed with the City within 15 days after the date of the written decision of the Commission, or it shall not be accepted. An application and fees, as set forth in HCC 10-5A, shall be submitted to the City on forms provided by the City.
   2. Upon notice of application for appeal, the City Council shall, within 10 days, transmit to the City Council or Board of Adjustment the original or certified copy of the order, requirement, permit, decision, or determination of the Commission and any attached conditions thereto.
   3. The City shall schedule and the City Council shall consider the appeal at a public meeting.
   4. At the public meeting, the City Council shall consider the order, requirement, permit, decision, or determination of the Commission, and any attached conditions thereto. The City Council shall also consider any additional evidence that may be offered by the public, applicant, City, and/or Commission.
   5. The City Council may affirm, reverse, modify, in whole or in part the order, requirement, permit, decision, or determination appealed from, or make or substitute any additional conditions that in its deliberations it may find warranted.
   6. Appeals from the decision of the City Council shall be made within ten days of the Council decision to the Hearing Officer.
      
   7. Further appeals from the decision of the Hearing Officer may be taken pursuant to the provisions of Utah Code § 10-9a-801..
4. Appeals from a decision of the Hearing Officer.
   1. Appeals shall be made as set forth in Utah Code § 10-9a-801.

1. Violation a Misdemeanor: Each violation of these regulations shall be a misdemeanor. Each day that work continues after notification of violation shall constitute a separate offense, and each violation shall be punishable as a Class C Misdemeanor by imprisonment in the County jail not exceeding 90 days, or by a fine not exceeding $750.00, or both, as provided in Utah Code § 10-9-1003.
2. Procedure on Violations: Whenever the City determines that a violation of this Title has occurred, the City shall notify the City Council of such violation and recommend action that should be taken.
3. In the event any action is taken or any construction commenced in violation of the regulations of this Title, the proper authorities of the City, in addition to other remedies, may institute any appropriate action or proceeding to prevent such unlawful action or construction to restrain, correct, or abate such violation, or to prevent any illegal act, conduct, business, or use in or about such premises.

The purpose of this Article is to provide procedures for all zoning applications covered by this Title and petitions to amend the General Plan.

1. Application Requirements: All persons making application for permits and other matters herein referred to shall be required to submit to the City an application on forms provided by the City and accompanied by an application fee as set forth in HCC 10-5A-2 paragraph D. No application shall be considered as accepted by the City unless it is complete with all required information.
2. Date of Application Acceptance: The date of acceptance of an application shall be the date of the letter sent by the City notifying the applicant that the City has received payment of the required fee and all of the required submittal information pursuant to this Title.
3. Hearings: A public hearing, if required, shall be held no later than 60 days after the date of acceptance of an application.
4. Fees: The City Council shall, by resolution, establish fees for all zoning applications or petitions authorized by this Title, permits, and General Plan amendments.
5. Resubmittal: No application that has been denied by the City, the Commission, or the City Council shall be resubmitted, in the same form for the same use, within one year from the date of denial. The City may waive the one-year requirement and accept a new application, where the subject property is affected by amendments to the applicable General Plan or to this Title.

1. The City adopts the notice provisions of Utah Code 10-9a § 201-212, as amended, as it applies to Hooper City.
   

Notice of public meetings before the Planning Commission to consider conditional use applications and permits listed in paragraph B shall be posted in three public places in the city and on the premise of the application seven days before the meeting. Radius notice shall be given as set out in paragraph A.

1. Radius Notice: At least 7 days prior to the public meeting, the City shall send a notice of the time and place, and a summary of the application to property owners or purchasers of record (as listed in the current records of the Weber County Recorder) owning property within 600 feet of the property being considered. The City may determine, or other applications provided for in this Title may require, that notices be sent to property owners or purchasers of record whose properties are further than 600 feet from the external boundaries of the property upon which the application is located. Radius notice, as an alternative to mailing, may be given by posting a 4X4 foot or greater sign on the property that is the subject matter of the notice, facing the roadway, 14 calendar days before the public hearing, in a visible location, and printed in a print quality that is reasonably calculated to give notice to people passing by, and which is visible from roadways adjoining the subject property
2. The following uses shall require notice to property owners within 600 feet of the property being considered: aircraft landing field (private ownership) airport (public ownership) bar, brewpub, or nightclub explosive manufacturing or storage flammable substance storage foundry junkyard or automobile wrecking yard manufacture or processing of hazardous chemicals or gases meat packing facility pit, mine, or quarry requiring administrative or conditional use approval power plant processing plant for agricultural and dairy products public or quasi public use-public or private correctional facility racetrack, vehicle or animal sanitary landfill, restricted sawmill or planing mill slaughterhouse soil or water remediation tannery tower or antenna structure, commercial vehicle impound yard dog kennel day care/pre-school oversized buildings
   

1. Following the acceptance of an application, the City shall act upon the application within 60 days.
2. The City may require conditions of approval that are deemed necessary to protect the public health, safety, and welfare and prevent undue adverse impacts on surrounding properties.
3. The City shall provide the applicant with a written decision stating the reasons for the decision reached. All conditions of approval shall be attached to the written decision.

1. The City shall schedule the application for consideration before the Commission within 60 days after the City accepts an application.
2. The Commission may require or recommend conditions of approval that it deems necessary to protect the public health, safety, and welfare and/or to prevent undue adverse impacts on surrounding properties.
3. The Commission shall provide the applicant with a written decision stating the reasons for the decision or recommendation reached. Conditions of approval shall be attached to the written decision or recommendation. For applications where the Commission is acting as a recommending body, the Commission shall forward their recommendation to the City Council.
4. For applications where a decision or recommendation is required by this Title, the Commission shall file a written report with the Clerk of the City Council stating the findings and action taken by the Commission. Such report shall be filed not later than 10 days after the written decision or recommendation.

1. The City shall schedule a hearing before the City Council within 60 days after the City accepts an application or after the Commission makes a recommendation (if applicable). Prior to the public hearing, public notice shall be provided as set forth in HCC 10-5A-4.
2. The City Council may require conditions of approval that it deems necessary to protect the public health, safety, and welfare and/or to prevent undue adverse impacts on surrounding properties. This regulation shall not apply to applications for General Plan amendments or zoning ordinance amendments.
3. The City Council shall provide the applicant with written findings stating the reasons for the decision. Conditions of approval, if any, shall be attached to the written decision.
4. Following the approval of a General Plan amendment, the City Council shall adopt a resolution adopting the amendment to the General Plan.
5. Following the approval of a zoning ordinance amendment, the City Council shall adopt the amended ordinance.

Pursuant to the provisions and requirements of the Utah Code § 10-9a-301, Municipal Land Use Development and Management Act, the Hooper City Planning Commission is hereby reestablished.

1. The Mayor and the City Council shall collectively identify and select potential members, subject to a majority vote of the City Council. Each appointee shall be voted on separately.
2. The Commission shall consist of (7) members.
3. Vacancies shall be filled in the same manner as the original appointments.
4. The term of the members shall be for a four (4) year term, however, the initial terms may be modified in such a way that in no year will more than two (2) commissioners be up for replacement or reappointment.
5. A member may be removed from the commission by the City Council for good cause, after a hearing, if a hearing is requested by the member.
6. Newly appointed members of the Commission shall be sworn in during the same city council meeting in which they are approved and appointed, if possible, or at the next available city council or planning commission meeting.

1. The Planning Commission shall elect a chairperson and vice chairperson from its members each year.
2. The Planning Commission may adopt policies and procedures and bylaws consistent with this ordinance, for the conduct of its meetings, the processing of applications, and for any other purposes considered necessary for the functioning of the planning commission.
3. The Planning Commission will meet on the second Thursday of each month at a time and place to be scheduled by staff. Special meetings may be scheduled as needed.
4. Four (4) members of the Commission shall constitute a quorum for the transaction of business.
5. The City Council shall provide funding, including per diem compensation, for the reasonable and necessary expenses of the Planning Commission and will provide support staff for the Commission as required.

1. The Planning Commission shall:
2. Prepare and recommend a general plan and amendments to the general plan to the City Council as provided by Utah law.
3. Recommend land use and zoning ordinances and maps, and amendments to zoning ordinances and maps, to the City Council as provided by Utah law.
4. Administer the provisions of the zoning ordinance as set out in HCC 10-5-3 paragraph A and elsewhere in the Zoning and Subdivision Ordinance.
5. Recommend subdivision regulations and amendments to those regulations to the City Council as provided by this Title and by Utah law.
6. Recommend approval or denial of subdivision applications as provided by this Title and by Utah law.
7. Advise the City Council on matters as the City Council directs and make recommendations to the Council as provided for by Utah Code § 10-9a-302 and other applicable provisions of the Utah State Code.
8. Hear or decide any matters that the City Council designates, including the approval or denial of conditional use permits as provided by the Utah Code.
9. Exercise any other powers:
   1. that are necessary to enable it to perform its function;
   2. delegated to it by the City Council.

Pursuant to the provisions and requirements of the Utah Code § 10-9a-701, Municipal Land Use, Development, and Management Act, a Hearing Officer is hereby established and a clarification of various appeals is made.

1. The Hearing Officer shall consist of one officer and one Alternate Officer.
2. The Hearing Officer shall and Alternate Hearing Officer shall have extensive experience as a land use attorney.
   
3. The Mayor shall, with consideration and approval of the City Council, appoint the Hearing Officer and Alternate Hearing Officer for the term of five years.
4. The Hearing officer will serve as the appeal authority for variance requests. If the Hearing Officer is unavailable, or if the City Council determines by majority vote that there is a conflict of interest with the Hearing Officer and a particular variance request, then the alternate Hearing Officer shall serve as the Appeal Authority for the City for that particular request.
5. With consideration and approval of the City Council, the Mayor may remove the Hearing Officer and/or Alternate Hearing Officer for cause if written charges are filed against the officer(s) and provided to the Mayor and City Council. The Mayor shall provide the officer(s) with a public hearing if requested by the officer(s).
6. The Mayor, with the consideration and approval of the City Council, shall fill any vacancy. The person appointed shall serve for the unexpired term of the officer or alternate officer whose office is vacant.

1. Appealing a Land Use Authority's Decision:
   1. The City Council shall hear and decide appeals from Planning Commission decisions applying land use ordinances as set out in HCC 10-5-3 paragraph B.
      1. The land use applicant, a board or officer of the municipality, or an adversely affected party may, within the applicable time period, appeal that decision to the appeal authority by alleging that there is error in any order, requirement, decision or determination made by the land use authority in the administration or interpretation of the land use ordinance (State Code 10-9a-703)
      2. Any officer, department, board, or bureau of the City affected by the grant or refusal of a building permit or by any other decision of an administrative officer in the administration or interpretation of the zoning ordinance may appeal any decision to the City Council. An appeal from a City Council decision may be made to the Hearing Officer.
      3. The City Council shall hear and decide appeals from planning commission decisions regarding conditional use permits.
   2. The person or entity making the appeal has the burden of proving that an error has been made.
   3. Only decisions applying the land use ordinance may be appealed.
   4. A person may not appeal, and the Appeal Authority may not consider, any land use ordinance amendments.
   5. Appeals may not be used to waive or modify the terms or requirements of the land use ordinance.
2. Variances:
   1. The hearing officer shall bear and decide variances from the terms of the zoning ordinance as set out in HCC 10-5-3B.
   2. Any person or entity desiring a waiver or modification of the requirements of the land use ordinance as applied to a parcel of property that he owns, leases, or in which he holds some other beneficial interest may apply to the Hearing Officer for a variance from the terms of the land use ordinance.
   3. Factors to be considered in granting a variance:
      1. The Hearing Officer may grant a variance only if:
         1. literal enforcement of the land use ordinance would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of the land use ordinance;
         2. there are special circumstances attached to the property that do not generally apply to other properties in the same zone;
         3. granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone;
         4. the variance will not substantially affect the general plan and will not be contrary to the public interest; and
         5. the spirit of the land use ordinance is observed and substantial justice done.
            
            1. In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship under paragraph D,3,a, the Hearing Officer may not find an unreasonable hardship unless the alleged hardship:
            1. is located on or associated with the property for which the variance is sought; and
            2. comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood.
               
               2. In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship under paragraph D,3,a, the Hearing Officer may not find an unreasonable hardship if the hardship is self-imposed or economic.
               
      2. In determining that there are special circumstances attached to the property under paragraph D,3,a, the Hearing officer must find that the special circumstances:
         1. relate to the hardship complained of; and
         2. deprive the property of privileges granted to other properties in the same zone.
      3. The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met.
   4. Variances run with the land.
   5. The Hearing Officer may not grant a use variance.
   6. In granting a variance, the Hearing Officer may impose additional requirements on the applicant that will:
      1. mitigate any harmful affects of the variance; or
      2. serve the purpose of the standard or requirement that is waived or modified.

1. Any person adversely affected by any decision of the Hearing Officer or City Council acting as the appeal authority may petition the district court for a review of the decision as set out in Utah Code § 10-9a-801.
2. The Hearing Officer or City Council acting as the appeal authority shall provide information to the court as provided for in the Utah Code.