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Hyrum City Zoning Code

17.08 Administration

And Enforcement

17.08.020 City Engineer - Powers And Duties

The City Engineer, appointed under the provisions of the building code of the City of Hyrum, is designated and authorized as the officer charged with enforcement of this title, but the City Council of Hyrum City, by resolution or ordinance, may from time to time entrust such administration, in whole or in part, to any officer of Hyrum City without amendment to this title.

The City Engineer will provide guidance to persons wishing to develop their property. Steering them through the process of concept plan preliminary and final plats, plot plans, site plans and ordinance and construction code requirements. The City Engineer is authorized to approve plot plans and will make recommendations to the Planning Commission during site plan review.

It shall be the duty of the City Engineer to inspect or cause to be inspected all buildings in the course of construction or repair. The engineer shall enforce all of the provisions of this title, entering actions in the court when necessary, and his/her failure to do so shall not legalize any violation of such provisions. The City Engineer shall not issue any permit unless the plans for the proposed erection, construction, reconstruction, alteration and use fully conform to zoning regulations then in effect.

17.08.025 Exactions

Hyrum City may impose an exaction or exactions on proposed land use development if:

  1. An essential nexus exists between a legitimate governmental interest and each exaction; and
  2. Each exaction is roughly proportionate, both in nature and extent to the impact of the proposed development.

17.08.030 Building Approval Process - Single Family Residential

The following steps are required, as a minimum, to obtain a building permit for a single family residential dwelling:

  1. Requestor submits to the City clerk:
    1. A filled out application form.
    2. Two complete sets of building plans.
    3. Two copies of the plot plan.
    4. A legal description of the property.
    5. Proof of ownership of land or authority to act for owner.
  2. Requestor to pay all fees as they are imposed.
  3. City staffwill review the plot plan and building plans. May require changes to meet ordinances and/or building codes.
  4. Cache County Inspectorwill issue building permit when plot plan and building plans are approved.
  5. Cache County/Hyrum City will periodically inspect construction to ensure that all ordinances, codes, and conditions are being met.

17.08.040 Building Approval Process - Duplex, Triplex, And Fourplex

The following steps are required after site plan approval, as a minimum, to obtain a building permit for a duplex/triplex/fourplex, etc.:

  1. Requestor to submit to the City clerk:
    1. A filled out application form.
    2. Two complete sets of building plans.
    3. Two copies of the plot plan.
    4. A legal description of the property.
    5. Eight copies of a site plan.
    6. Proof of ownership of land or authority to act for owner.
  2. Requestor to pay all fees as they are required.
  3. City staff will review plot plan and building plans. May require changes to meet ordinances and/or building codes.
  4. Cache County Inspector will issue building permit when zoning clearance, plot plan, site plan, and building plans are approved.
  5. Cache County/Hyrum City will periodically inspect construction to ensure that all ordinances, codes, and conditions are being met.
HISTORY
Amended by Ord. 19-04 on 3/7/2019

17.08.060 Building Approval Process - Nursing Homes, Shopping Centers, Industrial Buildings, Hospitals, Commercial Buildings

The following steps are required after site plan approval, as a minimum, to obtain a building permit for nursing homes, shopping centers, industrial buildings, hospitals, commercial buildings:

  1. Requestor submits to the City clerk:
    1. A filled out application form.
    2. Two complete set of building plans.
    3. Two copies of the plot plans.
    4. A legal description of the property.
    5. Two copies of the approved site plan.
    6. two copies of the county plat map showing the proposed locations and surrounding property.
    7. Proof of ownership of land or authority to act for owner.
  2. Requestor to pay all fees as they are imposed.
  3. City Engineer or City Staff will review Site Plan, Plot Plan and building plans. May require changes to meet ordinances and /or building codes.
  4. The Cache County Building Inspector will issue the building permit when the zoning clearance, plot plan, site plan, and building plans are approved.
  5. The City Engineer, City Staff, and Cache County Inspectors will inspect during construction to ensure that all codes, ordinances, and conditions are met. (Ord 09-04)
HISTORY
Amended by Ord. 19-04 on 3/7/2019

17.08.080 Building Permit - Required

The construction, alteration, repair, removal or occupancy of any structure or any part thereof, as provided or as restricted in this title, shall not be commenced or proceeded with except after the issuance of a written permit authorized by Hyrum City. The construction shall follow the Uniform Building Code which has been adopted by Hyrum City.

17.08.090 Plot Plan Approval Required

Plot plan approval shall be required by the City for all new structures, or used structures being moved to new locations. This shall include those for residential, commercial, or manufacturing uses.

  1. The plot plan shall contain the following information:
    1. Lot size and location, including street address where possible.
    2. Outline for existing and proposedbuilding to be constructed, showing location of all utilities, side yards, and rear yards.
    3. Location of septic tanks and drain field or sump, together with a signature and approval of the State Sanitarian:
      1. Location of sewer lines coming from the structure.
    4. Clearance of buildings from those on adjoining lot, and other buildings on the same lot.
    5. The name and address of the property owner.
    6. Location of utility meters. Gas and electric to be readily accessible in unfenced area of front or side yard, water meter to be located in parking strip (not in the driveway or sidewalk).
  2. The plot plan must be neatly drawn to a scale of not less than one-sixteenth of an inch per foot.
  3. This plot plan requirement applies to all individuals and developers, for each and every lot. The plot plan is to be filed at the City office for future reference.
  4. The plot plan must be signed by the person responsible for proper installation.

17.08.100 Site Plan Approval Required.

  1. Site plan approval shall be required for any non-residential use and multi-family dwellings (excluding accessory apartments). Site plan approval is primarily a function of the Planning Commission which has wide latitude in specifying conditions and requirements for approval. Final approval must be obtained from the City Council which may approve, disapprove, approve with additional conditions and requirements, or require the requestor to return to the Planning Commission for significant revisions.
  2. Site plan approval may be waived in cases where an existing site is reoccupied within a one-year time frame after a previous tenant or owner vacates the premise and where a similar business or one with a lesser impact is to be conducted, and no/minimal exterior changes are planned for the site. Site plan approval may be waived when an existing business has an expansion of less than twenty-five (25) percent and not more the one thousand (1000) square feet, and it is determined that no major impact will be created that would adversely impact the City or the surrounding area. The City Council has designated the City Administrator, Recorder and Zoning Administrator to grant those waivers. If all three of these designated employees agree to the waiver, the waiver may be granted. In the event one of the three designees is unavailable to participate in the waiver (i.e. out-of-town, illness, conflict-of-interest, etc.) the City Treasurer will act as an alternate.
  3. The site plan shall contain the following information:
    1. The location of main and accessory buildings on the site and in relation to one another.
    2. The traffic circulation features within the site.
    3. The height and bulk of buildings.
    4. The provisions of off-street parking space.
    5. The provisions for driveways for ingress and egress.
    6. The provision of other space on the site.
    7. The display of signs thereon.
    8. The property owner’s name and address.
    9. The provisions required by Fire Officials review.
    10. The provisions for snow removal on the site.
  4. A site plan may include landscaping, fences, and walls designed to further the purposes of the regulations for commercial and industrial zones and such features shall be provided and maintained as condition of the establishment and maintenance of any use to which they are appurtenant. Any outside storage, now or in the future, will require privacy fencing approved by the City Staff. Fencing may also be required to control litter & garbage from leaving the site.
  5. In approving site plans, the Planning Commission may act on a site plan submitted to it or may act on its own initiative in proposing and approving a site plan, including any conditions or requirements designated or specified on or in connection therewith.
  6. In considering any site plan hereunder, the Planning Commission shall endeavor to assure safety and convenience of traffic movement both within the area covered in relation to access streets, harmonious and beneficial relation among the buildings and uses in the area covered and satisfactory and harmonious relations between such area and contiguous land buildings and adjacent neighborhoods.
  7. Upon receiving site plan approval from the Planning Commission, the applicant shall submit the approved site plan to the City Council for its approval. Submittal shall be made at least two weeks before its regularly scheduled meeting.
  8. The applicant shall appeal any decision of the City Council regarding site plans to the Administrative Appeals Authority. Appeals shall be filed, in writing with the City Recorder, within ten (10) calendar days of the final decision by the City Council as per provisions of HCC 17.16.
  9. Upon site plan approval, construction drawings will be required for any public works construction or improvement for approval by the City Engineer.
  10. Approval of the site plan shall be effective for one (1) year from the date of final approval by the City Council. If construction has not begun during that period, or an extended by the City Council, the site plan approval is void and applicant shall be required to submit a new site plan for review and approval subject to the then existing provisions of this code. (Ord. 08-13; 09-04; 09-09)
HISTORY
Amended by Ord. 19-04 on 3/7/2019

17.08.110 Flood Hazard Areas.

  1. The City shall review all build­ing permit applications for new construction or substantial improvements to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a location that has a flood hazard, any proposed new construc­tion or substantial improvement (including prefabri­cated and mobile homes) shall:
    1. Be designed (or modified) and anchored to prevent flotation, collapse or lateral movement of the structure,
    2. Use construction materials and utility equip­ment that are resistant to flood damage, and
    3. Use construction methods and practices that will minimize flood damage; and
    4. Meet FEMA requirements.
    5. Meet requirements of HCC 15.56
  2. The City Engineer shall review subdivi­sion proposals and other proposed new develop­ments to assure that:
    1. All such proposals are consistent with the need to minimize flood damage,
    2. All public utilities and facilities, such as sewer, gas, electrical and water systems are located, elevated and constructed to minimize or eliminate flood damage, and
    3. Adequate drainage is provided so as to reduce exposure to flood hazards; and
  3. The City Engineer shall require new or replacement water supply systems and/or sanitary sewage systems to be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters, and require on-site waste disposal systems to be locat­ed so as to avoid impairment of them or con­tamina­tion from them during flooding.
HISTORY
Amended by Ord. 19-04 on 3/7/2019

17.08.120 Building Permits - Compliance With Provisions Required

From the time of the effective date of this title, the City shall not grant a permit for the construction or alteration of any building or structure, or the moving of a building or structure onto a lot, if such building or structure would be in violation of any of the provisions of this title nor shall any City officer grant any permit or license for the use of any building or land if such use would be in violation of this title. Building permit may be withdrawn if mis-information was provided to acquire permit.

HISTORY
Amended by Ord. 19-04 on 3/7/2019

17.08.130 Building Permit - Fees - Payment Required Prior To Issuance

No person, firm, partnership or corporation shall be granted or issued a building permit by the City without first having paid in full all fees incident thereto and required by Hyrum City, including, but not limited to, payment in full of all fees for:

  1. Granting or issuance of a building permit;
  2. Water connection and water line extensions;
  3. Overhead power service and power line ex­tensions;
  4. Sewer connection and sewer line extensions;
  5. Deposit for possible damage to City or irriga­tion company property, as determined by the City Council;
  6. Any other fees required by Hyrum City and incident to construction, alteration or moving of any building or structure, whether such fees are in exis­tence at the time of enactment of this title or are created at any time subsequent thereto.

17.08.140 Building Permits - Time Limit

Building permits secured under the provisions of this title shall be rendered null and void if construc­tion is not begun within ninety days of the issuance of the permit; if the construction is not completed with­in two years of the issuance of the permit; or should this title be amended, prior to the start of construc­tion, in such manner as to make the con­struction or intended use illegal. The applicant may reapply for a permit in such cases, but shall be treated as a new applicant being evaluated in light of all ordinances currently in effect, following all procedures and paying all fees as would be required for the initia­tion of new construction.

17.08.145 Vested Rights

  1. An applicant is entitled to approval of a land use application if the application conforms to the requirements of the city’s zoning map and applicable land use ordinance in effect when a complete application is submitted and all fees have been paid unless:
    1. The governing body, on the record, finds that a compelling, countervailing public interest would be jeopardized by approving the application; or
    2. In the manner provided by local ordinance and before the application is submitted, the municipality has formally initiated proceedings to amend its ordinances in a manner that would prohibit approval of the application as submitted.
  2. The city shall process an application without regard to proceedings initiated to amend to the municipality’s ordinances if:
    1. 180 days have passed since the proceedings were initiated; and
    2. The proceedings have not resulted in an enactment that prohibits the approval of the application as submitted.
  3. An application for a land use approval is considered submitted and complete when the application is provided in a form that complies with the requirements of applicable ordinances and all applicable fees have been paid.
  4. The continuing validity of an approval of a land use application is conditioned upon the applicant proceeding after approval to implement the approval with reasonable diligence.
  5. The city shall not impose on a holder of an issued land use permit a requirement that is not expressed:
    1. In the land use permit or in documents on which the land use permit is based; or
    2. In the city’s ordinances.
  6. The city will not withhold issuance of a certificate of occupancy because of an applicant’s failure to comply with a requirement that is not expressed:
    1. In the building permit or in documents on which the building permit is based; or
    2. In the city’s ordinances.
  7. The city is bound by the terms and standards of applicable land use ordinances and shall comply with mandatory provisions of those ordinances.

17.08.150 Amendments

The ordinance codified in this title, including zoning maps, may be amended from time to time by the City Council after ten days' notice and public hearing. A public hearing must be held by the Planning Commission. All proposed amendments shall first be recommended by the Planning Commission or shall be submitted to the Planning Commission for its recommendation which shall be returned to the City Council for its consideration within thirty days. Submissions to each of these agencies shall be made a minimum of three weeks prior to the next regularly scheduled meetings. Failure of the Planning Commission to submit its recommendation within the prescribed time shall be deemed approval by such commission of the pro­posed change or amendment. The City Council may overrule the Planning Commission's recommen­da­tions by a majority vote of its members. Zoning changes initiated by residents in the area proposed for rezoning must be supported by a petition signed by seventy-five percent of the property owners in the area proposed for change. Said petition shall include information as to why the resident(s) want(s) to change the zoning ordinance or the zoning map and clearly identify the differences between the current code or zone and the proposed code or zone, especially the differences between permitted uses, permitted accessory uses, and conditional uses. Residents applying for a rezone shall first pay a nonrefundable filing fee to Hyrum City. Rezoning applications are discretionary legislative decisions. (Ord. 08-07)

HISTORY
Amended by Ord. 14-12 on 11/20/2014
Amended by Ord. 19-04 on 3/7/2019

17.08.160 Newly Annexed Areas - Classification - Fees

  1. All territory hereafter annexed to the City shall be zoned as agreed to during the annexation procedure.
  2. All persons submitting requests or petitions for annexation of real property shall submit a nonrefundable fee as part of the application process. This fee is set and changed from time to time by resolution of the City Council. Regardless of whether or not the annexation is approved, the fee is retained by Hyrum City. All annexation fees must be paid before the City Council takes formal action on said annexation request or petition.

17.08.170 Issuance Of Licenses And Permits

All departments, officials and public employees of the City which are vested with the duty or author­ity to issue permits or licenses shall conform to the provisions of this title and shall issue no permit or license for uses, buildings or purposes where the same would be in conflict with the provisions of this title, and any such permit or license, if used in conflict with the provisions of this title shall be null and void.

17.08.180 Violation - Penalty

Any person, firm or corporation whether as principal, agent, employee or otherwise, violating or causing the violation of the provisions of this title shall be guilty of an infraction. Such person, firm or corporation shall be deemed to be guilty of a separate offense for each and every day during which any violation of this title is committed, continued or permitted by such person, firm or corporation. Any such violation shall be punishable by a fine of not more than one thousand four hundred and seventy-five dollars, except that in all cases where a corporation would be punishable as for an infraction, and there is no other punishment prescribed by ordinance, such corporation is punishable by a fine not exceeding one thousand four hundred and seventy-five dollars.

HISTORY
Amended by Ord. 19-04 on 3/7/2019

19-04

14-12