Mantua City Zoning Code

1. This ordinance shall be known and referred to as the "Mantua Town Land Management and Development code", and may be referred to herein as the "Zoning Ordinance", "Subdivision Ordinance", this "Code", or just the "Land Management Code", or the "Development Code".
2. The Town Council of Mantua, Utah, adopts this ordinance pursuant to and with the Municipal Land Use Development and Management Act, §10-9a, of Utah State Code (as amended) and such other authorities and provisions of Utah statutory and common laws that are relevant and appropriate.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

1. The purpose of this ordinance is:
2. To promote the health, safety, convenience and general welfare of the present and future inhabitants of the community.
3. To encourage and facilitate the orderly growth and development of the community and to implement the goals and policies of the Town's General Plan.
4. To provide adequate open space for light, solar access, air, agriculture and environment; to prevent overcrowding of the land and to minimize congestion on the streets.
5. To secure economy in municipal expenditures and to encourage adequate provisions for transportation, water, sewage, schools, public safety, parks and other public facilities and services.
6. To increase the security of home life and to preserve a more favorable environment for the citizens and visitors of the community.
7. To ensure safety from fire and other man-made or natural dangers.
8. To stabilize and protect property values and to place compatible uses together in the community.
9. To enhance the economic and cultural wellbeing of the inhabitants of the community.
10. To promote the development of a more wholesome, serviceable and attractive community resulting from an orderly, planned use of resources.
11. To establish proper zoning regulations; to ensure the suitability of the land for particular uses, and to conserve the value of buildings and encourage the most appropriate use of land throughout the community.
12. To preserve the rural, agricultural quality of life enjoyed by the residents of Mantua Town.
13. To further the purpose of this code and to promote the objectives and qualities of the respective zones.
14. The intent of the Town is to assure the managed, proper and sensitive/critical development of land within the Town and to protect and enhance the quality of rural life in general. This code is intended to allow development in a manner that encourages the preservation of scenic values, historic structures, the unique agricultural setting of the Town, and provide for well-planned commercial and residential centers, smooth traffic circulation, and efficient delivery of municipal services. This code seeks to prevent development in areas influenced by existing geologic hazards, erosion, flooding, or other conditions that create potential dangers to life and safety in the community, or development in areas that negatively impacts critical wildlife habitats, or developments that detract from the rural quality of life in the community.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

All master or general plans adopted by the Town or for an area within the incorporated boundaries of the Town shall serve as an advisory guide for land use decisions.  Amendments to the text of this ordinance shall be consistent with the purposes, goals, objective, and policies of the applicable adopted master plans or general plans of the Town.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

To accomplish the purposes of this ordinance, the Town may enact all ordinances, resolutions, and rules and may enter into other forms of land use controls and development agreements that the Town considers necessary or appropriate for the use and development of land within the Town, including ordinances, resolutions, rules, restrictive covenants, easements, and development agreements governing: uses; density; open spaces; structures; buildings; energy efficiency; light and air; transportation and public or alternative transportation; infrastructure; street and building orientation; width requirements; public facilities; fundamental fairness in land use regulation; and considerations of surrounding land uses to balance the foregoing purposes with a landowner’s private property interests and associated statutory and constitutional protections.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

The provisions of this code shall be in addition to all other adopted Town ordinances, the laws of the State of Utah, the laws of the United States, and applicable common law. This code shall not supersede any private land use regulations in deeds or covenants which are more restrictive than this code. Whenever a conflict exists, the more restrictive provision(s) shall apply to the extent allowed by law. Utah State Code (as amended) shall prevail over this code when a conflict exists.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

The existing land use ordinances of Mantua Town, including the official zoning maps adopted with those ordinances, are hereby amended in their entirety to conform to the provisions of this code, providing that this code is a continuation of those existing ordinances, and not a new enactment, in so far as the substance of the old and new provisions are the same. This code shall not be construed as affecting the term of office of any board or commission member appointed under the prior enactment. Structures built prior to the adoption of this ordinance, or for which building permits were issued and on which work commences as required under the permit shall, to the extent they do not conform to this ordinance, be considered as non-conforming uses, and shall not be affected hereby. Uses which were non-conforming under the old enactments shall not be affected by this code, unless the code is changed in a manner that makes the use conforming to the new code or zone.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

1. The Town is hereby authorized and empowered to promulgate by way of resolution certain guidelines and/or checklists relative to this ordinance.
2. These materials shall be provided to any interested person upon request and upon payment of a fee if specified by the Town’s fee schedule.
3. These materials shall be for instructional purposes only and represent an attempt to aid those seeking to comply with the requirements of this title.  In the event any conflict arises between such guidelines and this title or other regulations, resolutions, or policies of the Town, said ordinances, resolutions, regulations or policies shall be deemed controlling and all questions shall be resolved in their favor.
4. Failure of an applicant(s) to follow guidelines or checklists may be cause for delay of approvals.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

1. All departments, officials, and employees of the City who are vested with the duty or authority to issue permits or licenses shall ensure conformance to the provisions of this ordinance.  They shall issue no such permit or license for uses, buildings, or purposes where the same would be in conflict with the provisions of this ordinance.
2. Any such permit or license, if issued in conflict with the provisions of this ordinance shall be null and void.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

1. Table 1 - Designation Of Land Use Authority designates the Land Use Authority for land use approvals within the Town.
2. Pursuant to 10-9a-306 of Utah State Code (as amended), the Land Use Authority shall apply the plain language of land use regulations.  If a land use regulation does not plainly restrict a land use application, the Land Use Authority shall interpret and apply the land use regulation to favor the land use application.
3. A land use decision of a Land Use Authority shall be considered an administrative act, even if the Land Use Authority is the Town Council.

TABLE 1 - Designation Of Land Use Authority

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

1. The Land Use Authority shall review and approve submitted applications for land use and development as provided in this title.  The following general requirements shall apply to an application required by this title.
2. Application Forms.  Submitted applications shall be on forms provided by the Zoning Administrator, and with the required documentation outlined on such application in quantities as reasonably required by the Zoning Administrator for each particular type of land use application.  Applicants shall submit all applications to the Zoning Administrator for review to ensure compliance with the requirements as outlined in this title.
3. Town Initiated Applications.  The Zoning Administrator, Planning Commission, or Town Council may initiate any action under this title without an application.  Notice, hearing, and other procedural requirements of this title shall apply to an application initiated by the Town.
4. Accurate Information.  All applications, accompanying documents, plans, reports, studies and information provided to the Town by an applicant in accordance with the requirements of this title shall be accurate and complete.
5. Determination Of Complete Application.  After receipt of an application the Zoning Administrator shall determine whether the application is complete.  If the application is not complete, the Zoning Administrator shall notify the applicant in writing and identify the deficiencies by specifying the required information, and shall advise the applicant that the Town will take no further action on the request until the submission of a complete application.
6. Fees.  The applicant shall pay the Town fees as outlined in the Town’s fee schedule as adopted and amended from time to time by the Town Council upon the filing of an application.  Application fees shall be in amounts reasonably determined to defray actual costs incurred by the Town to review applications and their accompanying documents including plans and specifications, act upon the application, and conduct subsequent inspections to ensure compliance with Town regulations.  The Zoning Administrator shall return any application as incomplete if the application has not been submitted with the required fee.  Fees shall be non-refundable except as provided in this section.  Applications initiated by the Town shall not require fees.
7. Validity.  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.
8. Extensions Of Time.  Unless otherwise prohibited or outlined in this title, upon written request for good cause shown, the Land Use Authority may without any notice or hearing, grant extension of any time limit imposed by this title on such application, its approval, or the applicant, provided that the Zoning Administrator receives such a request or initiates an extension.  Extensions shall not exceed half the length of time of the original time period.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

1. Any complete application for a land use as outlined in this title, including all fees paid, that has been filed with the Town shall be allowed to comply with the land use regulations in effect at the time that the complete application was filed.  However, in the event the applicant does not move forward with the land use application within three (3) months of the application date, the application may be deemed to have been abandoned by the applicant and the Zoning Administrator may reject the application in writing and return the application and associated documents to the applicant.
2. If reviews have been performed by the Town, no refund of fees shall be issued to the applicant.
3. The applicant of an abandoned application may reapply to the Town for land use approval at a later date in time, but shall be required to complete a new application, including the payment of fees as outlined in the Town’s fee schedule.
4. The re-application, once accepted by the Town, shall be subject to the provisions of this title in effect at the time the complete application was filed.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

1. For each land use application, the Town shall:
2. Notify the applicant of the date, time and place of each public hearing and public meeting to consider the application;
3. Provide to each applicant a copy of each staff report regarding the applicant or the pending application at least three (3) business days before the public hearing or public meeting; and
4. Notify the applicant of any final action on a pending application.
5. If the Town fails to comply with the requirements of this section, an applicant may waive the failure so that the application may stay on the public hearing or public meeting agenda and be considered as if the requirements had been met.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

1. Purpose.  The Town has previously adopted a General Plan.  For purposes of this section, general plan amendments shall include the addition of new elements to the General Plan as well as any comprehensive revisions to or adoption of the same.
2. Authority.  The Town may from time to time amend the General Plan as provided in this section.  Such amendments may include any matter within the scope of the General Plan or as required in §10-9a-4 of Utah State Code (as amended).  The Land Use Authority for General Plan amendments is outlined in Section 1.9.
3. Initiation.  Anyone may propose amendments to the General Plan as provided in this section.
4. Procedure.  The Town shall process and consider General Plan amendments as provided in this section.
5. Application.  Anyone proposing an amendment to the General Plan shall do the survey and analysis work necessary to justify the proposed amendment.  An application shall be submitted to the Zoning Administrator along with the fee as outlined in the Town’s fee schedule.  The application shall include:
6. For map amendments:
7. One (1) 8 ½” x 11” map showing the area of the proposed amendment;
8. Current copy of the County Assessor’s parcel map showing the area of the proposed amendment;
9. Mapped inventory of existing land uses within the area of the proposed amendment and extending one-half (½) mile beyond such area;
10. Correct property addresses of parcels included within the area of the proposed amendment;
11. Written statement specifying the potential use of property(ies) within the area of the proposed amendment;
12. Written statement explaining why the existing General Plan designation for the area is no longer appropriate, desirable, or feasible; and
13. Analysis of potential impacts of the proposed amendments on existing infrastructure and public services such as traffic, streets, intersections, water and sewer, storm drains, electrical power, fire protection, garbage collection, and such other matters as the Town may require.
14. For text amendments:
15. Written statement showing the desired language change and explanation as to why the existing General Plan language is no longer appropriate, desirable, or feasible;
16. Analysis of potential impacts of the proposed amendment; and
17. Map showing affected geographic areas based on the proposed text changes.
18. Determination Of Complete Application.  After the Zoning Administrator or designee determines the completeness of an application, or prior to a Town initiated General Plan amendment, the Town shall provide Class A notice of the intent to prepare a general plan or comprehensive plan amendment in accordance with the provisions as outlined in §10-9a-203 and §10-9a-204 of Utah State Code (as amended).  After providing the required notice, the Zoning Administrator or designee shall transmit the application to the Town’s staff for review and preparation of a staff report evaluating the proposed amendment.
19. Planning Commission Hearing.  The Planning Commission shall hold a public hearing on the proposed amendment in accordance with §10-9a-404 of Utah State code (as amended) and shall review the staff report prepared by Town Staff and recommend approval, approval with modifications, or denial of the proposed amendments to the Town Council.
20. Town Council Adoption.  The Town Council shall review the proposed general plan amendment, and the recommendation of the Planning Commission.  The Town Council may either approve, approve with modifications, or reject the proposed amendment.  The Town Council may also table the matter for further information or future consideration or action.
21. Appeals.  Any person adversely affected by the final decision of the Town Council to amend the General Plan may appeal that decision to the District Court as provided in §10-9a-801 of Utah State Code (as amended).
22. Effects Of Approval.  No person shall deem approval of an application to amend the General Plan as an approval of any zone, conditional use, site plan, or other permit.  Obtaining approval of a particular zone or permit shall be in accordance with the applicable provisions of this title.
23. Effect Of Disapproval.  The Town Council’s denial of an application to amend the General Plan shall preclude another person from filing another application covering substantially the same subject or property, or any portion there, for six (6) months from the  date of the disapproval.  This section shall not limit the Town Council, Planning Commission, Zoning Administrator or other authorized Town Staff from initiating a General Plan amendment at any time.  

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

1. The Town 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 areas located within the Town if:
2. The Town Council makes a finding of compelling, countervailing public interest; or
3. The area(s) are unregulated.
4. A temporary land use regulation under this section shall be in conformance with §10-9a-504 of Utah State Code (as amended) and may prohibit or regulate the erection, construction, reconstruction, or alteration of any building or structure or any subdivision approval.
5. A temporary land use regulation may prohibit or regulate the erection, construction, reconstruction, or alteration of any building or structure or any subdivision approval.
6. A temporary land use regulation may not impose an impact fee or other financial requirement on building or development.
7. Unless otherwise provided by §10-9a-504 of Utah State Code (as amended), a temporary land use regulation shall not exceed a period of one hundred eighty (180) days.
8. Exception.  A temporary land use regulation may be renewed, if requested by the State of Utah’s Transportation Commission for up to two (2) additional periods of one hundred eighty (180) days by ordinance enacted before the expiration of the previous regulation.  However, the renewal of the temporary land use regulation shall only be effective as long as an environmental impact statement or major investment study are in progress as those terms are defined in §10-9a-103 of Utah State Code (as amended).

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

1. Authority. The Town may from time to time amend the provisions of this code or the zoning map. This code should be constantly reviewed and improved upon to stay viable and useful to the Town. The provisions of this section shall not apply to temporary land use regulations that the Town Council may enact without a public hearing in accordance with §10-9a-504 of Utah State Code (as amended).
2. Initiation. Anyone may propose amendments to the text of this title and the Town's Zoning Map as provided in this section.
3. Procedure.  The Town shall process and consider amendments to the text of this title and the Town’s Zoning Map as provided in this section.
4. Application.  An application shall be submitted to the Zoning Administrator along with the fee as outlined in the Town’s fee schedule.  The application shall include:
5. For amendments to the text of this title:
6. Name and address of every person or company the applicant represents;
7. Explanation of the proposed amendment and reasons supporting the request; and
8. Title, chapter, and section references of the affected sections, including a draft of the proposed text. 
9. For amendments to the Town’s Zoning Map:
10. An accurate map depicting present and proposed zoning classifications;
11. All abutting properties and their present zoning designations; and
12. An accurate legal description and an approximate common address of the area proposed for rezoning if one does not presently exist.
13. Determination Of Complete Application.  After the Zoning Administrator or designee determines the completeness of an application, the Zoning Administrator or designee shall transmit the application to Town Staff for preparation of a staff report evaluating the application.
14. Planning Commission Hearing.  
15. Class B notice shall be provided pursuant to §10-9a-205 of Utah State Code (as amended).  The Planning Commission shall hold a public hearing on the proposed amendment in accordance with §10-9a-502 of Utah State Code (as amended) and shall review the staff report prepared by Town Staff and shall recommend approval, approval with modifications, or denial of the proposed amendment to the Town Council.  
16. The Planning Commission shall act on the proposal at the time of the hearing or at its next regularly scheduled meeting following the hearing, unless the proponent or petitioner has requested the matter be tabled for further consideration, or the petition is withdrawn. If the Commission fails to act within two (2) regularly scheduled meetings on the proposal, the proposal shall be deemed disapproved by the Planning Commission and the proposal shall be forwarded to the Town Council for their consideration with that recommendation.
17. Town Council Adoption.  The Town Council shall review the proposed amendment, and the recommendation of the Planning Commission.  The Town Council may either approve, approve with modifications, or reject the proposed amendment.  Town Council action on amendments to the Code or to the Zoning Map shall require the affirmative vote of three (3) or more Town Council members.  The Town Council may also table the matter for further information or future consideration or action.
18. Approval Standards.  A decision to amend the text of this title or the Town’s Zoning Map shall be consistent with the current General Plan including the land use map.  In making an amendment the Land Use Authority shall also consider:
19. Whether the proposed amendment would be harmonious with the overall character of existing development in the vicinity of the subject property, or in cases of text amendments, in areas governed by the amended text;
20. Whether the proposed amendment would be consistent with the standards of any applicable overlay zone(s) and, in cases of text amendments, harmonious with areas governed by the amended text;
21. The extent to which the proposed amendment may adversely affect adjacent property; and
22. The 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, storm water drainage systems, water supplies, and waste water and refuse collection.
23. Appeals.  Any person adversely affected by the final decision of the Land Use Authority may appeal that decision to the District Court as provided in §10-9a-801 of Utah State Code (as amended).
24. Effect Of Approval.  No person shall deem approval of an application to amend the provisions of this title or the Town’s Zoning Map as an approval of any conditional use, site plan, or any other permit.  Obtaining approval of such permits shall be in accordance with the applicable provisions of this title.
25. Effect Of Disapproval.  The Land Use Authority’s denial of an application to amend the text of this title or the Town’s Zoning Map shall preclude another person from filing another application covering substantially the same subject or property, or any portion thereof, for one (1) year from the date of the disapproval unless the Zoning Administrator determines a substantial change in circumstances occurred to merit consideration of the application or the application is for a change to a different zone.  This section shall not limit the Town Council, Planning Commission, Zoning Administrator or other authorized Town Staff from initiating an amendment to the text of this title or to the Town’s Zoning Map at any time.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

At the option of the Town Council and in rare instances, the hearings before the Planning Commission and the Town Council may be consolidated into a single hearing, provided however, that separate votes shall be taken by the Commission and the Council. Joint hearings cannot be held for amendments to this Code that are beyond the scope of a regular zone map change. The Commission vote shall be taken first. Notice for any joint hearing shall comply with the notice standards set forth in this Code.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

1. In order to carry out the purposes of the code, zoning districts have been established by the Town as set forth in Chapter 7 of this code. These zoning districts are identified on the Town's official Zoning Map, which is adopted as a part of this Code. It shall be the duty of the Zoning Administrator to execute a new map, or re-execute the existing Zoning Map with the amendments noted thereon in a timely manner upon the approval of applications to amend the Zoning Map by the Land Use Authority.  In interpreting the Zoning Map, the Zoning Administrator shall use the following standards:
2. The zoning boundary lines are intended to conform to existing property boundary lines when not in a public right-of-way, or to follow the centerline of public rights-of-way (including prescriptive rights-of-way), unless the lines are located by specific dimensions, in which case the dimensions shall control. Where the zoning district lines approximately follow the lot lines as they exist at the date of adoption of this Code, the district lines shall be conformed to the lot lines.
3. Where the zoning district lines appear to have intentionally divided a lot or parcel between two (2) or more districts, the applicable zoning district for each portion of the lot or parcel shall be determined by using the scale shown on the map. If the placement of the district line cannot be determined, the standards of the zone allowing the less intensive land use shall be applied to the entire parcel.
4. Where the zoning district lines are intended to follow natural land contours, such as ridge tops, hillsides or waterways, the line shall be determined at the point at which the general slope of the land changes to fifteen percent (15%) grade or in the case of waterways, the average center line of the waterway. In the event of a dispute as to the location of the change in grade, the point shall be fixed with reference to topographic data submitted to the Town. Where land of less than fifteen percent (15%) slope is surrounded by land of fifteen percent (15%) or grater slope, the Town may entertain an application to amend the Zoning Map (i.e., rezone the land) of less than fifteen percent (15%) slope to a suitable residential use if it is determined that the land is adequately accessible and not within a Sensitive Lands Overlay Zone(s) or designation, and one access of which is a road of standard width that does not exceed eight percent (8%) grade, and that the grading of the road or roads to reach the land in question will not create hydrologic, erosion, geologic, or similar hazards for land lying below the proposed road, and that all cuts and fills for the road can be safely stabilized.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

1. On any proposal to construct a building or other improvement to property within the Town which is defined by this code as a permitted (P) use in the zoning district in which the building or improvement is proposed, the Land Use Authority identified in Section 11.1.9 shall review the submission to determine whether the proposal meets the following criteria:
2. Is a permitted (P) use within the zoning district for which it is proposed;
3. Complies with the requirements of the zoning district for building height, setbacks, and lot coverage;
4. That the applicable parking requirements have been satisfied;
5. The plan conforms to any architectural design guidelines established for that zoning district or area;
6. Conforms to any sensitive land requirements outlined in 11.10.1 of this title;
7. Meets the requirements of the infrastructure review process as defined in this chapter;
8. Has obtained the required certificate of appropriateness from the design review committee as outlined in Section 11.3.29 of this code; and
9. Has obtained the required certificate from the technical review committee as outlined in Section 11.3.30 of this code.
10. Upon finding that the proposal complies with the applicable zoning requirements, and can be adequately serviced by existing utility systems or lines, the plans shall be forwarded to and reviewed for building code compliance and subsequent permit issuance. If the submission does not comply with the requirements of the zoning district, the Land Use Authority shall notify the applicant stating specifically what requirements of the zoning district have not been satisfied.
11. Approval of permitted (P) uses shall be noted by the issuance of a building permit in compliance with the provisions of the International Building Code, Chapter 6, and this code.

11.1.18.1 Application For Permitted (P) Use Review

1. The application for a building permit for a permitted (P) use shall contain the following information, in addition to information required by the relevant construction or fire code adopted by §15A of Utah State Code (as amended).
2. A Site Plan showing the lot and the location of the proposed structure on the lot.
3. The site plan shall be drawn to scale. A certified survey may be required by the Land Use Authority on projects with structures on or near the lot lines, or when the lot lines are difficult to determine from existing plats and monuments. Topographic data may also be required when the site is sloping or when the building height cannot be readily determined from the elevations without topographic data.
4. A legal description of the property, proof of ownership, and street addresses of existing structures located on-site.
5. The location and size of adjacent utility lines and easements.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

11.1.19.1 Infrastructure Review

Although the Town endeavors to provide infrastructure which will adequately serve buildings and structures allowable within each zoning district within the Town, certain buildings, developments, and structures, because of size, type of construction, or lot characteristics, may present peculiar or excessive demands on existing Town infrastructure. For these reasons, the applicant/developer shall be responsible to perform an impact analysis in a form and methodology acceptable to the Town to determine the possible impacts on infrastructure.

In order for the Town to determine whether existing infrastructure is adequate, or what additional infrastructure is needed to meet the particular needs of certain types and sizes of buildings and structures which are permitted uses in the zone; the following types and sizes of proposed buildings and structures as well as developments are subject to the review process for impact on existing infrastructure, whether the uses are permitted or conditional:

1. All commercial or multifamily buildings or structures of Class III, IV or V construction, as defined by the International Building Code, greater than 10,000 square feet, or;
2. Any building or structure over 10,000 square feet within fire separations as defined in Section 505 of the International Building Code, or;
3. All commercial or multifamily buildings and structures located on parcels of one-half acre or larger, or;
4. All buildings or structures which are required to have fire sprinkling systems under Town ordinance or resolution, or;
5. All buildings or structures located on lots which have an average slope of more than fifteen percent (15%), or;
6. Any industrial or manufacturing facility that deals with products or processing materials that are or could become explosive, flammable or toxic according to the International Fire code, or;
7. Any subdivision or master planned development project with four (4) or more dwelling units, but not including minor subdivisions or minor MPD's; or
8. Any development that requires the extension of any public infrastructures or utilities of over one thousand feet (1,000').

11.1.19.2 Scope Of Review

For proposed buildings, structures or uses which are permitted or conditional uses in the zone in which the building or structure is proposed, the review shall include the determination of the ability of existing Town infrastructure to provide adequate water for culinary, irrigation and fire flow purposes, the proper handling of snow melt, snow storage, storm drainage, slope preservation, mitigation of impact on roads by construction and permanent traffic, and ensuring safe access for users and emergency vehicles in accordance with Town codes, standards, and ordinances as set forth in this ordinance which shall be in addition to all other adopted codes and ordinances, including the Codes of other Jurisdictional Governing Authorities. For conditional uses or master planned developments in the zone in which the building, structure or use is proposed, the infrastructure review which is a part of the regular conditional use or master plan development review process is specified below and may involve additional regulations. The technical review committee may be used if constituted as per this code, to assist in the infrastructure impact review process.

11.1.19.3 Review Procedure

As well as conditional uses, buildings and structures which, although are permitted uses in the zone proposed and not subject to zoning or use review, are subject to review for impact on existing infrastructure according to the standards described in this section. The following review procedure shall be followed:

1. Application for Building Permit. Upon making an application for a building permit, the applicant shall supply the Building Official with plans and specifications sufficiently detailed to determine whether the proposed building(s) or structure(s) are subject to further infrastructure review. If, according to the standards found in this section, any proposed building or structure triggers infrastructure impact review, then a building permit shall not be issued and the Building Official shall refer the applicant to the Planning Commission or other Town Staff for review of the impact of the proposed buildings and structures on existing Town and/or other infrastructure to determine what, if any, additional infrastructure is necessary.
2. The Application. Upon referral of the application for a building permit to the Town for infrastructure impact review, the Town may request from the applicant any additional studies, plans, surveys, specifications and information necessary to review the infrastructure impacts. The following types of information may be requested by the Planning Commission to the extent relevant:

11.1.19.3.1 To Determine The Impact On Drainage

1. A map of the site showing the existing conditions prior to the demolition of any existing structures and any grading, any known geologic or natural hazards, with north arrow and scale;
2. Topography with contours shown at intervals of not more than five feet of the site and as the site adjoins contiguous properties;
3. Vegetation type and location;
4. Soil type and load carrying capacity information;
5. 100 year flood plain and high ground water areas, known spring and seep areas and ditches or canals;
6. All existing roads, fences, irrigation ditches, and drainage facilities;
7. Location and size of the nearest storm drainage facilities the site could drain to, water lines and sanitary sewer lines; and where and how the developer proposes to connect to the existing drains.
8. Site plan of the proposed buildings and structures showing building locations;
9. Proposed road locations and other circulation features;
10. Proposed finished grades;
11. Proposed drainage, drainage works, detention ponds, retaining walls, and erosion control plans;

11.1.19.3.2 To Determine The Impact On Culinary Water, Fire Flows And Sewage

1. Location and size of the nearest water main and sanitary sewer lines to the project to which the project can drain or be supplied; and where and how the applicant proposes to connect to the systems;
2. Site plan and floor elevations (including building height) of all proposed buildings and structures showing building locations, construction type and materials;
3. Proposed easements for new utility services or relocated utility services;
4. Fire hydrant locations and building sprinkling plans.
5. Estimated peak culinary water demands, including irrigation and water demand for fire flows.
6. Proof of “wet” water in adequate quantity and quality, acceptable to the Town standards. If the developer is supplying their own water or is transferring water rights to the Town's culinary system.
7. Other specific information and scientific data and opinions which, in the opinion of the Land Use Authority, is useful or necessary for the meaningful review of the project. Such additional information may be required from the applicant based on the nature of the project or the site.

11.1.19.3.3 To Determine The Impact On Slope Retention

1. Topography existing before construction and proposed finished grades, both on the site and as they relate to adjoining property;
2. Proposed drainage, drainage works, retaining walls, and erosion control plans;
3. Proposed landscaping;
4. Complete, detailed construction drawings and support documentation of any and all structures sufficient to demonstrate compliance with applicable standards, codes and ordinances; or general architectural concept drawings of proposed buildings, showing roof plan and cuts and fills;
5. Other specific information and scientific data and opinions which, in the opinion of the Land Use Authority, is useful or necessary for the meaningful review of the project. Such additional information may be required from the applicant based on the nature of the project or the site.

11.1.19.3.4 To Determine The Impacts On Streets And Pedestrian Facilities

1. Prepare a site plan which coordinates pedestrian connections, sidewalks, and bike paths if any such pedestrian facilities are shown on the Trails Master Plan or the Streets Master Plan, if they are currently adopted.
2. Submit construction staging location plan.
3. Submit estimated truck traffic trip numbers for construction traffic.
4. If requested by the Town Engineer, the project applicant shall submit reproducible measurable pavement quality testing analyses for each street or roadway which will be utilized by any traffic generated by or relating to the proposed project, including but not limited to construction traffic. Such analyses will be submitted both before permit issuance and before building occupancy and shall use a nationally recognized pavement quality-testing machine as approved by the Town Engineer. Such analyses will be used to determine construction impacts on existing streets at the end of construction such that repairs can be made at the expense of the project proponents to return the pavement to its original quality.

11.1.19.4 Department Action

Within 30 working days from the receipt of the complete application including all requested information for infrastructure impact review, the Planning Commission and/or other appropriate Town officials shall have reviewed the project and determined whether existing infrastructure is sufficient to adequately serve any proposed buildings or structures. If the data is sent to an engineer or other consultant for determination of impacts, the applicant shall pay the costs associated with the professional review.

If the existing infrastructure is adequate to serve any proposed buildings or structures, then a building permit shall be issued in accordance with the International Building Code and Town Ordinances. If upon review existing infrastructure is found to be inadequate to serve any proposed buildings or structures, the building permit shall be withheld. At the option of the Town, the applicant may either

1. Change the type, scale or location of any and all proposed buildings or structures in such a manner that existing infrastructure may adequately serve all proposed buildings or structures, or
2. Provide at applicant's expense the additional infrastructure necessary to adequately serve all of applicants proposed buildings or structures according to designs and specifications approved by the Town, or
3. Pay a proportionate share of a Town project that would mitigate the impact as detailed by the Town Council and/or its staff.

Upon submission of plans changing the type, scale or location of any or all proposed buildings or structures in such a manner that existing infrastructure is adequate to serve all proposed buildings or structures; or, upon submitting plans for additional infrastructure and a letter of credit or escrow agreement to the Town for the full cost of the additional infrastructure required as estimated by the Town Engineer, a building permit shall be issued in accordance with Town codes and ordinances.

11.1.19.5 Appeal And Review

If the applicant does not agree with the determination of the Planning Commission or Town Staff that existing infrastructure is inadequate, or with the requirement for additional infrastructure, the applicant may request Town Council review. The Town Council is empowered to affirm, reverse or modify the determination of the Planning Commission, Town Staff or Town engineer/consultant. All actions regarding infrastructure impacts and their requirements of the Planning Commission or Town Staff are appealable to the Town Council.

If the Town Staff has not acted on an application or has not indicated to the applicant what existing infrastructure is inadequate within 30 working days after complete information submission, the application shall be automatically forwarded to the Planning Commission for determination of adequacy of existing infrastructure.

11.1.19.6 Transferability

The infrastructure review and approval is transferable with the title to the underlying property so that an approved project may be conveyed or assigned by the applicant to others without losing the approval. The permit cannot be transferred off the site on which the approval was granted.

11.1.19.7 Expiration

If a building permit is not obtained within twelve months from the date of approval, then the infrastructure review and approval process must be repeated prior to issuance of a building permit. If a building permit expires before actual construction of buildings or structures, the infrastructure review and approval process must be repeated prior to issuance of another building permit. If a permit is not taken in six months, the review shall determine whether off- site conditions or demands have changed the ability of the system to meet the demands of the project under review. The permit requirements may be modified to adjust to the new capacity or demand.

11.1.19.8 Standards For Review

No building permits shall be issued on buildings and structures subjected to infrastructure review unless it is found by the Town that there is sufficient infrastructure capacity, according to the standards adopted by the Town, either existing or to be provided by the applicant to adequately serve the proposed buildings and structures. Specific review items include: delivery of adequate water for culinary and fire flow purposes, safe vehicular and pedestrian access for owners, users and emergency vehicles, and proper handling of snow melt and storm drainage and slope preservation. The standards to be applied for review are:

1. Standards for Water Delivery. The standards for adequate delivery of water shall be as applicable: the Mantua Town Fire Flow Standards, if adopted; the Box Elder Fire District Fire Flow Standards; the ISO or NFPA standards for fire flow, the Mantua Town Design Standards, Construction Specifications and Standard Drawings, if adopted; and, the County and/or State Department of Health, Drinking Water Regulations as now constituted and as may be amended.
2. Standards for Site Drainage. The standards for adequate site drainage are the International Building Code Chapter 70, as adopted by Ordinance, or its successor, and the Mantua Town Design Standards, Construction Specifications and Standard Drawings as now constituted or as may be adopted or amended.
3. Standards for Access. The standards for access to the building or structure are the 1985 International Fire Code adopted by Ordinance, or its successor, the Streets Master Plan or Land Use Map, the Mantua Trails Master Plan, if adopted, and the Mantua Town Design Standards, Construction Specifications and Standard Drawings as now constituted or as may be adopted or amended.
4. Standards for Slope Retention. The standards for slope retention are the International Building Code Chapter 70, as adopted by Ordinance, or its successor and the Mantua Town Design Standards, Construction Specifications and Standard Drawings as now constituted or as may be amended.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

1. Authority.  The Land Use Authority for conditional use permits is outlined in Section 11.9 of this Code.
2. Initiation.  A property owner or their designated agent may request a conditional use permit as provided in this section.
3. Procedure.  The Town shall process and consider an application for a conditional use permit as provided in this section.
4. Application.  An application shall be submitted to the Zoning Administrator along with the fee as outlined in the Town’s fee schedule.  The application shall include:
5. Address and lot/parcel identification of the subject property;
6. Current zoning designation, zone district boundary, and present use of the subject property;
7. Complete description of the proposed conditional use;
8. A site plan depicting the following:
9. Applicant’s name;
10. Subject property’s address;
11. Subject property’s boundaries and dimensions;
12. Subject property’s layout of existing and proposed buildings and structures, parking, landscaping, utilities and easements;
13. Adjoining property lines and uses within one hundred feet (100’) of the subject property; and
14. Any other information determined to be necessary by the Land Use Authority.
15. Traffic study or other impact analysis reports, including but not limited to: utilities, school, soil and water, existing conditions, line-of-site and building massing, etc., if required by the Land Use Authority upon recommendation of the Zoning Administrator or other Town Staff;
16. A statement by the applicant demonstrating how the proposed use meets or would meet the approval standards of this section; and
17. A statement indicating whether the applicant will require any variances in connection with the proposed conditional use.  Note:  If the conditional use would require a variance, the applicant shall also submit a variance application concurrently with the proposed conditional use application.
18. Determination Of Complete Application.  After the Zoning Administrator determines the completeness of an application the Zoning Administrator shall transmit the application to Town Staff for the preparation of a staff report evaluating the application.
19. The Land Use Authority shall provide Class A notice and hold a public meeting on the proposed application and shall review the staff report prepared by Town Staff and approve, approve with modifications, or deny of the proposed application for a conditional use permit.  The Land Use Authority shall limit any conditions of approval to those needed to reasonably ensure the conditional use substantially complies with approval standards.
20. After the Land Use Authority has rendered a decision, the Zoning Administrator shall give the applicant written notice of the decision.
21. Following the issuance of a conditional use permit, the Zoning Administrator shall inspect such conditional use to ensure the use is undertaken and completed in compliance with the conditional use permit.  The Zoning Administrator shall maintain a record of all conditional use permits.
22. Approval Standards.  The following standards shall apply to the issuance of conditional use permits.  
23. The Land Use Authority may:
24. Issue a conditional use permit for a use located within a zone that would allow, through regulations, the particular conditional use.
25. Impose conditions as necessary to prevent or minimize the adverse effects upon other property(ies) or improvements in the vicinity of the proposed conditional use, the Town as a whole, or public facilities and services.  These conditions may include but shall not be 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.  The Land Use Authority shall expressly set forth such conditions in the motion authorizing the conditional use permit.
26. Approve, approve with conditions, or deny a conditional use permit.  But shall approve whenever the Land Use Authority can impose reasonable conditions to mitigate the reasonably anticipated detrimental impacts or effects of the proposed use in accordance with applicable standards. Only when insufficient reasonable conditions exist that the Land Use Authority could impose may the Land Use Authority deny the request.
27. Request additional information as needed to determine the potential for compliance with the requirements of this section.
28. The Land Use Authority shall review and consider the following factors in determining whether to approve, approve with conditions, or deny a conditional use permit application:
29. Compliance of the proposed use meets the intent of the Town’s General Plan and the regulations and conditions outlined in this title;
30. The proposed use at the proposed location is necessary or desirable to provide a service or facility that will contribute positively the general well-being of the neighborhood and the community;
31. Any reports and/or studies relating to impacts such as utilities, traffic, school, soil and water, existing conditions, line of sight and building massing, including any other additional information in order to render a proper decision;
32. Safeguards proposed to ensure adequate utilities, transportation access, drainage, parking, loading spaces, lighting, screening, landscaping, open space, fire protection, pedestrian and vehicular circulation, and the prevention of noxious or offensive omissions such as noise, glare, dust, pollutants, and order for the proposed use;
33. Appropriate buffering of adjacent uses and buildings, including proper parking and traffic circulation and use of building materials and landscaping to ensure the proposed use is in harmony and compatible with adjoining uses; and
34. Impacts to the health, safety, or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity.
35. When an applicant proposes a use that requires a conditional use permit on property where a substantially similar nonconforming use legally exists, the Land Use Authority may approve the conditional use permit subject to the following requirements:
36. A determination that the proposed conditional use is substantially similar to the previously permitted nonconforming use.  In making such determination, the Land Use Authority shall consider the nature, characteristics and impacts of the existing and proposed uses, and compatibility and compliance of the proposed use with the factors previously outlined in this section;
37. The allowance of nonconformance with respect to building setbacks, building height, landscaping, and parking space requirements; and
38. The ability to meet all current building, construction, engineering, fire, health and safety standards as a condition of approval.
39. Appeals.  Any person adversely affected by the final decision of the Land Use Authority may appeal that decision to the Appeal Authority as set forth in Chapter 5 of this Code. 
40. Effect Of Approval.  A conditional use permit shall not relieve an applicant from obtaining any other authorizations or permits required under this title or any other title of the Town’s Code.  Unless otherwise specified by the Land Use Authority and subject to the provisions relating to amendment, revocation, or expiration of a conditional use permit, a conditional use permit shall be on indefinite duration and shall run with the land.
41. Amendments.  The procedure for amending any conditional use permit shall be the same as the original procedure set forth in this section.
42. Revocation Or Suspension.  On behalf of the Land Use Authority the Zoning Administrator may revoke or suspend a conditional use permit.  
43. Any of the following shall be grounds for revocation or suspension:
44. The use for which the Town granted the permit has ceased for one (1) year or more;
45. The holder or user of the conditional use permit failed to comply with the conditions of approval, or is in violation of any other Town, State, or Federal law governing the conduct of the use;
46. The holder or user of the conditional use permit failed to construct or maintain the site as shown on the approved site plan or map; or
47. The Land Use Authority determined that operation of the use or character of the site was a nuisance or a court of competent jurisdiction in any civil or criminal proceeding found it to be a public nuisance.
48. The Land Use Authority shall not revoke a conditional use permit without first holding a public hearing.  The Zoning Administrator or designee shall notify the permittee in writing, which shall be served by registered mail or personal service, at least ten (10) days prior to the date of such hearing and the grounds for its convening.  At any such hearing, the permittee shall be given an opportunity to testify, call witnesses, and present evidence.  Upon conclusion of the hearing, the Land Use Authority shall decide whether to revoke or suspend the permit.  In the event the determination is to revoke or suspend the permit, the permittee may appeal the decision to the Town Council within fifteen (15) days from the date of such final determination.  Revocation or suspension of a conditional use permit shall not limit the City’s ability to complete other legal proceedings against the holder or user of the conditional use permit.
49. Expiration.
50. Conditional use permit approval issued by the Town shall expire if any of the following occur:
51. The applicant does not implement the granted permit within one (1) year of the issued approval date.
52. The conditional use of land or structure ceases for any reason for a period of more than one (1) year.
53. The holder of a conditional use permit may submit a written request to the Zoning Administrator, prior to the expiration date of said permit for an extension of up to six (6) months, subject to approval of the Land Use Authority.
54. Effect Of Disapproval.  The Land Use Authority’s denial of an conditional use permit application shall preclude another person from filing another application covering substantially the same subject or property, or any portion there, for one (1) year from the date of the disapproval unless the Zoning Administrator determines a substantial change in circumstances occurred to merit consideration of the application or the application is for a change to a different conditional use.  This section shall not limit the Town Council, Planning Commission, Zoning Administrator or other authorized Town Staff from initiating a conditional use permit request any time.  

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

1. Purpose.  This section set forth the procedures for all site plan applications and required submittals.  These standards and procedures are established to encourage adequate advanced site planning and review in order to assure the highest quality of development for the Town.  Such standards and procedures are intended to provide for orderly, harmonious, safe and functionally efficient development consistent with priorities, values, and guidelines stated in the various elements of the Town’s General Plan and this title.  This section is not intended to so rigidly control design so as to stifle creativity or individual expression, or to cause substantial, unnecessary expense, rather, any control exercised is intended to be the minimum necessary to efficiently achieve the objectives stated herein.
2. Authority.  The Land Use Authority for site plan reviews is outlined in Section 11.9 of this Code. 
3. Initiation.  A property owner or their designated agent may request approval of a site plan as provided in this section.  
4. A site plan shall be required for any of the following uses, unless expressly exempted from such requirement by another provision of this title:
5. Any multifamily residential use;
6. Any commercial use;
7. Any professional use;
8. Any manufacturing use; and
9. Any institutional use.
10. In situations requiring site plan approval, no building permit for the construction of any building, structure, or other improvement to the site shall be issued prior to approval of the site plan by the Land Use Authority.  Furthermore, no clearing, grubbing, grading, drainage work, parking lot construction, or other site improvements shall be allowed prior to site plan approval.
11. Procedure.  The Town shall process and consider an application for site plan review as provided in this section.
12. Application.  An application shall be submitted to the Zoning Administrator along with the fee as outlined in the Town’s fee schedule.  The application shall include:
13. One (1) plan set, size 22”x34” drawings; one (1) plan set, size 11”x17” drawings; and one (1) PDF copy.  The application and plan sets shall include at a minimum the following documents and information:
14. A plan set cover sheet showing the entire site plan including a title block showing the name, address, and phone number of the applicant, designer, engineer, and any other professionals that contributed to the production of the plans and drawings.  The cover sheet shall also include the name (if applicable) and address of the proposed project, and date of preparation of the plans and drawings.  A general vicinity map shall be inset on this sheet.
15. A detailed boundary survey sheet showing the following information:
16. The location and width of existing and proposed abutting streets;
17. All property and parcel/lot lines;
18. Existing and proposed easements and dedications, adjacent property owners and holding strips;
19. The location of all existing and proposed structures on the site, including the building height and any provisions to screen roof-based mechanical equipment, and the location of existing structures on adjoining properties;
20. The location of existing fencing and significant existing trees and shrubbery;
21. The location of off-street parking, driveways, loading facilities, and hard-surfaced areas;
22. The location of existing and proposed curb, gutter, sidewalk, and curb cuts.  If the property abuts a State owned highway, the applicant must obtain approval from the Utah Department of Transportation (UDOT) for the location of curb, gutter, and sidewalk.  UDOT shall also approve the location and number of curb entrances;
23. The location of refuse container(s); and
24. The location of vehicular and pedestrian access and circulation including all existing and proposed traffic, pedestrian, and road safety signs.
25. A detailed utilities plan showing the location and size of all existing or proposed utilities that will provide service to the project (including location of nearest fire hydrants) consistent with the design standards approved by the Town.
26. A detailed landscaping plan that shows the following information:
27. The proposed landscaping including identification of plant species and fencing in sufficient detail for review of screening and aesthetic qualities;
28. Irrigation sprinkler designs indicating the location and service size of secondary water connections;
29. Location and design of all exterior lighting;
30. Data table showing parcel, building, landscaping, parking areas and percentages, and the number of parking stalls required and provided; 
31. Floor plans and elevations including exterior building finishes and colors.
32. Required engineered drawings for on and off site improvements.
33. Traffic study and geotechnical study unless waived by the Land Use Authority, Zoning Administrator or Town’s Engineer.
34. Each sheet shall be signed and stamped by the relevant design professional registered in the State of Utah (i.e. engineer, professional landscape architect, etc.) as applicable.
35. Determination Of Complete Application.  After the Zoning Administrator determines the completeness of an site plan application, the Zoning Administrator shall transmit the application to Town Staff for review and for preparation of a staff report evaluating the application.  
36. Review By Planning Commission In Public Meeting.  The Planning Commission shall review the proposed site plan application including the staff report prepared by Town Staff and shall recommend approval, approval with modifications, or denial of the proposed site plan to the Land Use Authority.
37. City Council Adoption In Public Meeting.  The City Council shall review the proposed site plan application, and the recommendation of the Planning Commission.  The City Council may either approve, approve with modifications, or reject the proposed site plan application.  The City Council may also table the matter for further information or future consideration or action.
38. Approval Standards.  Town Staff may provide advisory comments to the applicant prior to the scheduling of the site plan application before the Land Use Authority.  Staff comments or feedback shall not  guarantee or imply approval of any portion of the site plan.  The following standards shall apply to the approval of a site plan:
39. The entire site shall be developed at one time, unless a phased development plan is approved by the Land Use Authority.
40. A site plan shall conform to all applicable standards as set forth in the title and the Town’s Code.  In addition, consideration shall also be  given to the following:
41. Considerations relating to buildings and general site layout.
42. The general silhouette and mass, including the location on the site and elevations in relationship to the character of the neighborhood and the applicable provisions of the City’s General Plan; and
43. Exterior design in relation to adjoining structures in height, bulk, and area openings, breaks in facade fronting onto rights-of-way, line and pitch of roofs, the arrangement of structures on the parcel or lot, and the appropriate use of materials and colors to promote the objectives of the General Plan relating to the character of the area or neighborhood.
44. Considerations relating to traffic safety and traffic congestion.
45. Effect of the proposed site plan of traffic conditions on abutting streets and neighboring land uses, both existing and as planned;
46. Layout of the site with respect to location and dimensions of vehicular and pedestrian entrances, exits, driveways, and walkways;
47. Arrangement and adequacy of off-street parking facilities to prevent traffic congestion and compliance with the provision of Town ordinances regarding the same;
48. Locating, arrangement, and dimensions of truck loading and unloading spaces;
49. Vehicular and pedestrian circulation patterns within the boundaries of the development;
50. Surfacing and lighting of off-street parking facilities; and
51. Provision for transportation modes other than personal motor vehicles, including such alternative modes such as pedestrian, bicycle, and mass transit.
52. Considerations relating to landscaping.
53. Location, height, and materials of walls, fences, hedges, and screen plantings to provide for harmony with adjacent development, or to conceal storage areas, utility installations, or other unsightly development;
54. Planning of ground cover or other surfaces to prevent dust and erosion; and
55. Unnecessary destruction of existing healthy trees.
56. Considerations relating to drainage and irrigation.
57. The effect of the site development on the adequacy of the storm and surface water drainage; and
58. The need for piping of irrigation ditches bordering or within the site.
59. Other considerations including, but not limited to:
60. Buffering;
61. Lighting;
62. Placement of trash containers and disposal facilities;
63. Location of surface, wall and roof-mounted equipment.
64. Bonding.  The applicant shall provide a guarantee of installation and construction of all on-site and off-site improvements required by this title, or as required by the Land Use Authority, prior to issuance of any building permits or the commencement of any work.  The guarantee shall be in a form acceptable to the City and in an amount equal to one hundred ten percent (110%) of the estimated cost of all improvements.  The guarantee shall assure the installation of improvements within one (1) year of the date of site plan approval, and shall provide a one (1) year warranty pertaining to the installed improvements.  It shall be the responsibility of the developer to notify the Town when the improvements are complete and ready for inspection.
65. Appeal Of Decision.  Any person adversely affected by a decision of the Land Use Authority regarding approval or denial of a site plan application may appeal to the Appeal Authority outlined in Chapter 5 of this Code.
66. Effect Of Approval.  Every site for which a site plan has been approved shall conform to such plan.
67. 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.  Any building permit issued shall expressly require that development be undertaken and completed in conformity with the approved site plan.  No structures or improvements may be added to a site that are not included on the approved site plan.
68. All improvements shown on the approved site plan or amended site plan shall be maintained in a neat and attractive manner.
69. 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.
70. 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 from the Land Use Authority.
71. Revocation.  A site plan approval may be revoked using the same process as outlined in 11.20 of this Code.
72. Expiration.  Failure to obtain a building permit within one (1) year of approval of any site plan shall terminate and cancel the prior site plan approval given, whereupon the Zoning Administrator may require that a new site plan application be submitted and approval obtained pursuant to this section.  A written request may be submitted to the Zoning Administrator prior to the expiration of the site plan for an extension of up to six (6) months.  The Land Use Authority may grant such an extension where good cause can be shown.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

1. Purpose.  The following provisions are provided to establish procedures for determining the existence of a nonconforming use, a noncomplying structure, or other nonconformity, including noncomplying parcels, lots and signs, and other related matters.
2. Continuation.  Except as provided in this section, a nonconforming use or noncomplying structure, as determined by the provisions of this section may be continued by the present or a future property owner.
3. A nonconforming use may be extended through the same building, provided no structural alteration of the building is proposed or made for the purpose of the extension.
4. For the purposes of this subsection, the addition of a solar energy device to a  building shall not be considered a structural alteration.
5. The Planning Commission may provide for the expansion of nonconforming uses upon issuance of a conditional use permit.
6. The Town shall not prohibit the reconstruction or restoration of a noncomplying structure or terminate the nonconforming use of a structure that is involuntarily destroyed in whole or in part due to a fire or other calamity unless the structure or use has been abandoned.
7. Authority.  The Land Use Hearing Officer (LUHO) is hereby authorized as the Land Use Authority to review and render a decision determining the existence of a nonconforming use, a noncomplying structure, or other nonconformity.  The LUHO is authorized to review and render a decision concerning any disputes relating to the abandonment of structures associated with a nonconforming use or noncomplying structure.
8. Initiation.  All requests for a determination of the existence of a nonconforming use, noncomplying structure, or other nonconformity shall be initiated by following the requirements outlined in Chapter 5 of this Code.  
9. Burden Of Proof.  The property owner shall have the burden of establishing the legal existence of a nonconforming use, noncomplying structure or other nonconformity.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

Applications for developments to be built according to a master plan which provides for mixes of uses, and/or density transfers, clustering and unit concentrations, and/or maximizing of permanent open space within the site, commonly referred to as planned unit development (without regard to the manner in which title to the project will be held) shall be treated as conditional use applications and are divided into two review processes depending on the size and nature of the project. These review processes are described as follows:

11.1.29.1 Minor Master Planned Development Review

If an MPD meets the same qualifications in size and definition of a Minor Subdivision, as described in the Land Management and Development Code of Mantua Town, and does not necessitate the creation of large public infrastructure to meet its needs. The MPD may be classified as a Minor Master Planned Development, and the Planning Commission may wave many of the requirements of the MPD review process, including off-site infrastructure concurrence, and bonding requirements. These types of projects are reviewed as Minor Master Planned Developments. The review process is identical to the conditional use process and is subject to any applicable requirements of Chapter 11.9 of this code.

11.1.29.2 Master Planned Development Review

Those projects having more than nine (9) unit equivalents shall be reviewed as Master Planned Developments according to the procedure described in this Code. The nature of the density transfers and zoning concessions within the project are set forth in Chapter 9. The substantive requirements for master planned developments are described in Chapter 11.9 of this code.

11.1.29.3 Sensitive Lands Review

If a master planned development is located within the Sensitive Area Overlay Zone, or designated area, additional requirements and regulations may apply. See the Sensitive Lands Provisions in Chapter 11.10.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

11.1.30.1 Written Findings Of Denial Required

The Land Use Authority shall always prepare detailed written findings on any application that it denies, amends or approves. These findings shall state the reasons for the action and the provisions of this Code or other Town ordinances, or guidelines, or applicable State or federal laws or regulations that would be violated by the action, and the proposed conditions of action to be imposed and the reasons why those conditions were thought necessary. These findings shall then be made available to the Appeal Authority for their use in the appeal process.

11.1.30.2 Appeal Petitions Process

Besides the owner of the property acted on by the Town, any person living within the Town who submitted written comment on a proposal before the Planning Commission or Town Council, and the owner of any property within the Town has the right to appeal to the Appeal Authority any final decision of the Planning Commission or the Town Council. The petition must be filed in writing with the Town Recorder within fifteen (15) calendar days of final project action. The petition for the appeal shall state the name, address, and telephone number of the petitioner and his/her agent, if any, the name of the project, and the grounds for the appeal. The Town shall set a date for the appeal, which shall be no more than thirty (30) calendar days from the date the notice of appeal is filed with the Recorder and meet the notice requirements of this code. The Town Recorder shall notify the petitioner and the owner of the project of the appeal date. The Town Recorder shall obtain the findings from the Planning Commission, Town Council and all other pertinent information and transmit them to the Appeal Authority.

11.1.30.3 Action On Petitions

The Appeal Authority may affirm, reverse, or affirm in part and reverse in part any decision of the Planning Commission or Town Council regarding conditional use or zoning decisions. The Appeal Authority may remand the matter to the Planning Commission, and/or Town Council with directions for specific areas of review or clarification. Appeal Authority review of petitions of appeal shall be limited to consideration of only those matters raised by the petition(s), unless the Board by motion, enlarges the scope of the appeal to accept information on other matters it may legally hear.

11.1.30.4 Stay Of Approval Pending Review Or Appeal

Upon the filing of a non-owner petition or a petition by the owner for appeal or review by the Appeal Authority of a Planning Commission or Town Council decision, any action passed on this matter by the Planning Commission or Town Council will be suspended until the Appeal Authority has acted on the appeal.

11.1.30.5 Appeal From The Appeal Authority

The owner of any project, or any person aggrieved by the approval of any project may appeal from the final action by the Appeal Authority affecting the project by filing a civil action in a court of competent jurisdiction. The decision of the Board shall stand, and those affected by the decision may act in reliance on it unless and until the court enters an interlocutory or final order stating the effectiveness of that decision.

11.1.30.6 Finality Of Action

If no appeal has been taken at the end of fifteen (15) days from the date of final action by the Town Council, Planning Commission or Town Staff, the action is final.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

Any variances or special exceptions to this Code shall be granted only by the Appeal Authority under the provisions of Chapter 11.5 of this Code prior to the issuance of any conditional use, master planned development, or other approval by the Planning Commission. All action on an application shall be stayed upon learning that a variance or special exception is required until the applicant shall have obtained the variance or special exception or his request is denied by the Appeal Authority. Appeals from final action of the Appeal Authority shall be made to the District Court as provided by state law, and not to the Town Council.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

The procedures set forth in this Code are intended to supersede any inconsistent procedural provisions in the previous development and subdivision ordinance. The substantive requirements of the application form and the review process shall remain unchanged, but all final actions under that ordinance are subject to the appeal processes set forth herein, and all applications for subdivision approval are subject to termination as set forth herein.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

Upon payment of the required application fees and submission of a completed application, as determined by the Planning Commission, an applicant shall be entitled to have the filed application reviewed and acted upon pursuant to the terms of the Land Management and Development Code or development code and zoning map in effect at the time of filing of the application, subject to the exceptions set forth below. The applicant may take advantage of changes in the Code and zoning map that would permit greater density or more intense use of the land, provided however, that these changes may be deemed a modification of the plan and require the payment of additional planning review fees.

Non-zoning related matters, including, but not limited to site development standards, procedural requirements and building code requirements, will not vest until complete building permit applications have been filed and required fees have been paid. Water and Sewer connection availability, costs of water and sewer connection and water development fees, and applicable impact fees and other charges will vest only upon payment of the building permit application fees and submission of all the materials necessary for the issuance of a building permit.

Vesting of all permits and approvals terminates upon the expiration or termination of the permit or approval.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

Applicants shall not be entitled to review and approval of applications pursuant to the terms of the Code in effect at the time of application when revisions to the Code are pending at the time of application which would prohibit or further condition the approval sought, or when there exists a compelling reason for applying a new standard or requirement retroactively to the time of the application.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024