Amendments to this land use ordinance shall be made in the following manner:

1.

Application. An applicant must file a written request for an amendment with the city planner. The city council, planning commission, or owner applicant may initiate an amendment as provided below. An owner applicant shall pay the filing fee prescribed by resolution, and shall file an application, which shall include, without limitation:

a.

Stamped and addressed envelopes of all owners of all property for which the amendment is requested and for all property within 1,000 feet of the boundaries of the area for which the amendment is requested.

b.

The legal description of all property included.

c.

Physical address of property; and

d.

A written statement addressing the criteria required for approval pursuant to this section.

2.

Hearings before planning commission. The planning commission shall hold a public hearing on all amendments to this land use ordinance or to the land use zoning map. The city planner shall cause a notice, including a description of the property for which the zoning amendment is requested, a brief explanation of the proposed zoning, and the date, place and time of the public hearing, to be prepared as provided in this section. The purpose of the notice is to reasonably inform surrounding property owners and jurisdictions of the application. No minor omission or defect in the notice or mailing shall be deemed to impair the validity of the proceedings to consider the application.

3.

Action by planning commission. Following the public hearing, the planning commission shall adopt a recommendation to the city council, advising the council to approve, disapprove, or modify the proposal. If the planning commission fails to take action within 60 days of the close of the public hearing, the city council shall consider the matter forwarded from the planning commission with a negative recommendation.

4.

City council. The city council may hold a public hearing for proposed amendments to this land use ordinance or land use zoning map if forwarded from the planning commission.

5.

Criteria/required findings. The city's land use zoning is the result of a detailed and comprehensive appraisal of the city's present and future land use allocation needs. In order to establish and maintain sound, stable, and desirable development within the city, rezoning of land is to be discouraged and allowed only under the limited circumstance s herein described. Therefore, the planning commission may recommend, and the city council may grant a rezoning application if it determines that the rezoning is consistent with the policies and goals of the Kamas City General Plan and that the applicant has demonstrated that:

a.

The proposed rezoning will provide land for a community need that was not anticipated at the time of adoption of the Kamas City General Plan or the most recently adopted land use map; or

b.

The existing zoning was either the result of a clerical error or a mistake of fact, or that it failed to take into account the constraints on development created by the natural characteristics of the land, including but not limited to steep slopes, floodplain, unstable soils, and inadequate drainage; or

c.

The land or its surrounding environs has changed or is changing to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changed character of the area.

6.

Considerations. No zone change request that involves an increase of residential density will be granted by the city council unless at least 20 percent of the proposed density is dedicated to moderate income housing.

(Ord. 2015-04, 11/10/2015; Ord. 2019-08, 8/13/2019; Ord. No. 2023-02, § 1(Exh. A), 3/14/2023)

The city planner (CP), the administrative law judge (ALJ), the planning commission (PC), and the city council (CC) each have the following primary authority to review applications for compliance with this chapter.

Reviewing Bodies

A-Appeal
D-Decision
R-Review
Rec-Recommendation

1.

No new use shall be valid on any property unless the use is allowed in the zone, or unless a conditional use permit has been properly issued for the use.

2.

No subdivision map shall be recorded unless all conditions of subdivision approval have been satisfied or otherwise secured.

3.

The city planner initially reviews all complete applications requiring action by the planning commission and recommends approval or rejection to the planning commission, according to the type of application filed. The city planner may process one application at a time, per property or may process coordinated applications simultaneously. The planner may recommend to the planning commission certain conditions of approval to applications for conditional use permits.

4.

The Kamas City staff issues permits for allowed uses. The city treasurer issues business licenses.

5.

The planning commission reviews, and forwards a recommendation to the city council regarding each application for subdivision plat amendment, conditional use permits, initial zoning, rezoning, planned unit development, and amendments to this ordinance. The planning commission reviews and decides on preliminary subdivision approval. City staff review and approve final subdivision approval.

6.

No review shall occur until all applicable fees are paid. All fees are assessed as outlined in the Kamas City Fee and Rate Resolution.

* Except that appeals from subdivision improvement plans shall follow the process described in U.C.A. § 10-9a-604.2.

(Ord. 2015-04, 11/10/2015; Ord. No. 2022-06, § 1(Exh. A), 3/8/2022; Ord. No. 2024-02, 2/13/2024; Ord. No. 2025-03, § 1 (Exh. A), 2/11/2025)

1.

Initial contact. An applicant for new development shall contact the city planner to discuss the scope and purpose of the proposed development in relation to the requirements of this code, including the following:

a.

An allowed use within the zone.

b.

Compliance with all applicable development requirements of the zone, including building height, setbacks, and lot coverage.

c.

The parcel must be a legally subdivided lot.

d.

Compliance with the parking requirements for the zone.

e.

Conformity with applicable design guidelines, if any, for the zone; and

f.

Can adequately be serviced by roads, existing or proposed utility systems or lines.

2.

Building permit. All building permits must first be approved by the city planner and/or the planning commission. Upon approval of the building and site plan drawings, and payment of all applicable fees, the building official shall issue a building permit to the applicant. The building official shall not issue any building permit for any building, construction or repair of any building unless it fully conforms to all zoning regulations or ordinances of Kamas City in effect at the time of application. No permit shall be issued for any building or structure or part thereof on any land located between the mapped lines of any street as shown on any official street map adopted by the governing body.

3.

Inspections. The building inspector shall inspect the project during construction through its completion to verify conformance with approved plans.

4.

Permits. Permits issued in violation of this land use ordinance, or based on fraudulent information, are null and void.

(Ord. 2015-04, 11/10/2015)

1.

There are certain uses that, because of unique characteristics or the potential for detrimental impacts, may not be compatible in some areas of a zone or may be compatible only if certain conditions are imposed. Such uses shall be allowed pursuant to a conditional use permit. The city planner and planning commission shall review all applications for a conditional use permit according to KMC 15.23 of this Code.

2.

There are certain, low-impact uses that require review by the city to ensure that the uses comply with city standards but do not warrant the full application and review process of a conditional use permit. Such uses shall be allowed pursuant to an administrative conditional use permit. The city planner shall review and approve administrative conditional use permits according to KMC 15.23 of this Code. Unless otherwise specified, administrative conditional use permits will follow non-compliance in the same manner as conditional use permits. However, administrative conditional use permits will only be valid for the applicant/licensee at the specified location. A change in tenancy, ownership or management shall terminate the administrative conditional use and require a new application.

(Ord. 2015-04, 11/10/2015; Ord. No. 2021-05, § 1(Exh. A), 8/10/2021)

The city shall notice all public hearings that are required by this ordinance.

1.

Public hearing requirements. The city planner or city recorder shall provide reasonable notice of all public hearings and meetings, which notice shall contain a description of the property, with a brief explanation of the proposed use, and the date, place and time of the public hearing, which notice shall be:

a.

Posted in at least three public places in the city and in addition, one may include the subject property for annexation, rezone, and major subdivision applications, if deemed necessary.

b.

When required, published by complying with the Class A notice as required under U.C.A. § 63G-30-102 at least ten days before the date of the planning commission hearing.

c.

When required, sent by first class mail to all owners of property within 1,000 feet of the subject property.

2.

Notice to affected entities. When required by law, the city planner shall provide notice by first class mail to affected entities as defined in KMC 15.02.

3.

Purpose of notice. The purpose of the notice is to reasonably inform surrounding property owners and jurisdictions of a proposed modification to the General Plan, an application for rezone, or an application for single-family, multi-family, commercial or industrial development.

4.

Effect of notice. Proof that notice was given pursuant to this section is prima facie evidence that notice was properly given. If notice given under authority of this section is not challenged as provided for under state law within 30 days from the date of the hearing for which the challenged notice was given, the notice was adequate and proper.

(Ord. 2015-04, 11/10/2015; Ord. No. 2025-03, § 1 (Exh. A), 2/11/2025)

Applicants must move their projects either to approval or denial in a reasonable expeditious manner. Upon 14 days' written notice to the applicant, the city may formally deny an application, which remains inactive for six months. Delays occasioned by the city shall not constitute cause for terminating an application. An applicant may appeal the city planner's denial of a project for inaction to the planning commission in the same manner as any other appeal. The planning commission may reinstate subject to conditions, or may deny reinstatement. If reinstatement is denied, the application is formally denied.

(Ord. 2015-04, 11/10/2015)

1.

Violations of the city's land use, zoning, and subdivision ordinances and regulations may be enforced by any means available to the city, including but not limited to nuisance abatement, as set forth in title 8, chapter 08, by revocation of a business license, as set forth in title 5, chapter 02, revocation or denial of building permits or other applicable permits or licenses, or by criminal, civil, or administrative remedies, including those set forth in title 2, chapter 10 and set forth herein.

2.

Infraction. Any owner, occupant or person having an interest in property who shall fail to comply with a notice or order issued by the city shall be guilty of an infraction and the person shall be subject to a fine of $100.00 for each and every separate violation. The city may enforce and collect such fines though any remedy available to the city, including those set forth in title 2, chapter 10.

3.

Class C misdemeanor. Any owner, occupant or person having an interest in property subject to this chapter who shall fail to comply with the notice or order given pursuant to this chapter may be charged with a Class C misdemeanor for each and every separate violation if the violation or nuisance threatens the health, safety, or welfare of the person or an identifiable third party or the person has been convicted of a violation or nuisance regarding the same property on three previous occasions within the past 12 months.

4.

Separate violations.

a.

Each day that a violation or nuisance continues beyond the date fixed for compliance shall be a separate violation.

b.

For violations and nuisances related to a pet or person's use of the person's residence, each 14-day time period the violation continues shall be considered a separate violation.

5.

The city's appointed administrative law judge shall be authorized to hear and decide appeals of civil or administrative prosecutions of the city's land use, zoning, or subdivision ordinances, where such cases are not otherwise directed to a specific body or individual. Appeals shall follow the process set forth in KMC 8.08.110.

(Ord. 2015-04, 11/10/2015; Ord. No. 2021-07, § 1(Exh. A), 9/14/2021; Ord. No. 2024-04, § 1(Exh. A), 7/9/2024)

The applicant, staff, or any other person with standing to challenge a decision administering or interpreting this ordinance may appeal the decision as follows:

1.

Zoning code interpretation and administration. All city decisions which interpret or administer this land use ordinance (except conditional use permits and appeals from subdivision improvement plans), may be appealed to the administrative law judge within ten days of final action, by filing notice of appeal with the city staff. The city council shall hear appeals of planning commission decisions with respect to a conditional use permit. The appeal must be filed with the city recorder within ten days of the planning commission decision.

2.

Administrative law judge. The district court hears appeals of decisions of the administrative law judge filed within 30 days of the final decision.

3.

Form of appeals. Appeals must be filed with the city planner and must be by letter or petition, with the name, address, and telephone number of the petitioner, his/her relationship to the project or subject property, and a comprehensive statement of the reasons for the appeal, including the specific provisions of law that are alleged to be violated by the action taken. The appeal shall contain a fee as set forth in the city's fee schedule.

4.

Written findings required. The appellate body shall prepare detailed and written findings of fact, which explain the circumstances of the body's decision and conclusions of law in support of its decision.

5.

Action on appeals to a city body. The city shall comply with the following standards for all appeals to a city body under this ordinance.

a.

The city, in consultation with the appellant, shall set a date for the appeal.

b.

The city shall notify the owner of the appeal date.

c.

The city body hearing the appeal shall consider the written appeal, final action and all other pertinent information from the appellant and the city planner.

d.

The city body hearing the appeal, may affirm, reverse, or affirm in part and reverse in part any properly appealed decision or may remand the matter with directions for specific areas of review or clarification. Appellate review is limited to consideration of only those matters raised in the written appeal and the staff's responses thereto, unless the body, by motion, enlarges the scope of the appeal to accept information on other matters.

e.

The city shall prepare written findings for review and approval within 30 working days of the appellate decision.

6.

City council call-up. Within 15 calendar days of final action on any decision, the city council, on its own motion, may call up for review any final action (except a final decision on a subdivision application for single family, two-family, or townhomes) taken by the planning commission. The city recorder shall give prompt notice of the call-up to the chairman of the planning commission together with the date set by the council for consideration of the merits of the matter. The recorder shall also provide notice as required by this section. In calling a matter up, the council may limit the scope of the hearing to certain issues.

7.

Notice. Notice of all appeals or call-ups shall be given by mailing courtesy notice seven days prior to the hearing to the applicant and all parties who requested mailed courtesy notice for the original action.

8.

Stay of approval: pending review of appeal. Upon call-up, or appeal, any approval granted by the planning commission or staff will be suspended until the reviewing body has taken final action on the appeal.

9.

Appeal from the city council. The applicant or any person aggrieved by the city action on the project may appeal from the final action of the administrative law judge or city council to a court of competent jurisdiction. The decision shall stand, and those affected by the decision may act in reliance on it unless and until a court enters a provisional or final order modifying or suspending the decision.

10.

Finality of action. Final action occurs when the deciding body has adopted and executed written findings of fact and conclusions of law on the matter in question.

(Ord. 2015-04, 11/10/2015; Ord. No. 2025-03, § 1 (Exh. A), 2/11/2025)

To promote the protection of private property rights and to prevent the physical taking or exaction of private property without just compensation, the city council and all commissions and boards shall adhere to the following before authorizing the seizure or exaction of property:

1.

Takings review procedure. Prior to any proposed action to exact or seize property, the city attorney shall review the proposed action to determine if a constitutional taking requiring "just compensation" would occur. The city attorney shall review all such matters pursuant to the guidelines established in this section. Upon identifying a possible constitutional taking, the city attorney shall inform the council, commission or board of the possible consequences of its action. This opinion shall be advisory only. No liability shall be attributed to the city for failure to follow the recommendation of the city attorney.

2.

Takings guidelines. The city attorney shall review whether the action constitutes a constitutional taking under the Fifth or Fourteenth Amendments to the Constitution of the United States, or under Article I, § 22 of the Utah Constitution. The city attorney shall determine whether the proposed action bears an essential connection to a legitimate governmental interest and whether the action is roughly proportionate and reasonably related to the legitimate governmental interest. The city attorney shall also determine whether the action deprives the private property owner of all reasonable use of the property. These guidelines are advisory only and shall not expand nor limit the scope of the city's liability for a constitutional taking.

3.

Appeal. Any owner of private property who believes that his/her property is proposed to be "taken" by an otherwise final action of the city may appeal the city's decision to the administrative law judge within 30 days after the decision is made. The appeal must be filed in writing with the city recorder. The administrative law judge shall hear and approve and remand or reject the appeal within 14 calendar days after the appeal is filed. The administrative law judge, with advice from the city attorney, shall review the appeal pursuant to the guidelines in this section. The decision of the administrative law judge shall be in writing and a copy given to the appellant and to the city council, commission or board that took the initial action.

The administrative law judge's rejection of an appeal constitutes exhaustion of administrative remedies rendering the matter suitable for appeal to a court of competent jurisdiction.

(Ord. 2015-04, 11/10/2015)

Whenever the city planner finds that a violation of this code or applicable state codes has occurred or continues to exist, the procedure outlined herein shall be followed. The city planner has the authority and power necessary to gain compliance with the provisions of the violated ordinance or statute. These powers include the power to issue notices of violation, to issue misdemeanor citations, to abate violations existing on public or private property, and to use any other remedies available under the city ordinances and applicable state codes.

If the city planner finds that any of the provisions of this land use ordinance are being violated, the person responsible for such violation will be notified in writing. This notice will state the nature of the violation, and order the action necessary to correct it. The city planner may take any other action authorized by law to ensure compliance with the land use ordinance or to prevent violation of it. The city planner may request other city officials to assist with the enforcement of this land use ordinance, including planning and zoning staff, building inspectors, police officers, the administrative law judge and/or the city attorney.

(Ord. 2015-04, 11/10/2015)