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Meadow City Zoning Code

CHAPTER 3

ADMINISTRATION AND ENFORCEMENT

10-3-1: FEES PAID PRIOR TO REVIEW:

No review shall occur until all applicable fees, as established by resolution of the Town Council, have been paid. (Ord. 04-2017, 4-6-2017)

10-3-2: TEMPORARY OR EMERGENCY ZONING:

   A.   The Town Council may enact an ordinance, without a public hearing or Planning and Zoning Commission recommendation, which establishes temporary zoning regulations for any part or all of the area within the Municipality if the:
      1.   Town Council makes a written finding of compelling, countervailing public interest; or
      2.   Area is not zoned.
   B.   Temporary zoning regulations may prohibit or regulate the erection, construction, reconstruction or alteration of any building or structure or any subdivision approval. The Town Council shall establish a period of limited effect for the ordinance, which period may not exceed six (6) months. (Ord. 04-2017, 4-6-2017)

10-3-3: APPLICATIONS FOR DEVELOPMENT:

   A.   Plan Review Process: The Meadow Town Council will review and recommend all applications for development and will determine if all requirements have been met. (Ord. 2019-3, 9-18-2018)
   B.   Application: An applicant for new development shall contact the Town Council to discuss the scope and purpose of the proposed development and the requirements of this title, including the following:
      1.   An allowed use within the zone;
      2.   Complies with all applicable development requirements of the zone, including building height, setback, front, side and rear yards, and lot size;
      3.   Respects lot lines of a legally subdivided lot;
      4.   Complies with the parking requirements for the zone;
      5.   Conforms with applicable design guidelines, if any, for the zone;
      6.   Can adequately be serviced by roads, existing or proposed utility systems or lines;
      7.   Does not infringe on any existing easements;
      8.   Has permit for a septic system if, required. (Ord. 04-2017, 4-6-2017)
   C.   Contents Of Application: The applicant shall provide the Meadow Town Council with: (Ord. 2019-3, 9-18-2018)
      1.   A statement of intended use;
      2.   Drawings in sufficient detail to allow the Council to review the proposal for compliance with this title;
      3.   The property identification number assigned by the County;
      4.   Project identification, location, developer and developers address and contact information;
      5.   Concept drawings shall be either eight and one-half inches by eleven inches (81/2" x 11") or eleven inches by seventeen inches (11" x 17"), and shall include the following:
         a.   Property lines and dimensions indicating total site area, gross area of all buildings and structures;
         b.   North arrow;
         c.   Proposed buildings or additions.
      6.   Location of new buildings and structures;
      7.   Location of existing buildings and structures;
      8.   Building elevations;
      9.   Any further information related to site development as requested by Town officials. (Ord. 04-2017, 4-6-2017)
   D.   Town Council Review And Decision: Once the Meadow Town Council has reviewed the development, the Town Council shall either accept and approve, approve with conditions, or deny the application. (Ord. 2019-3, 9-18-2018)
   E.   Building Permit: Upon approval of the building and site plan drawings, and payment of all applicable fees, the Town Council shall issue a building permit to the applicant. Building permit fees will be set by resolution.
   F.   Inspections: The building official or other designated official shall inspect the project during construction through its completion.
   G.   Rejected Uses: If an application does not meet the criteria set forth above, the Town Council shall notify the applicant, stating specifically which criteria have not been satisfied.
   H.   Disclaimer: No permit shall be valid if any of the criteria listed in this section have not been met. (Ord. 04-2017, 4-6-2017)

10-3-4: CONDITIONAL USE REVIEW:

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. The Planning and Zoning Commission will evaluate all conditional use permit applications, except administrative conditional uses, which are decided by the Town Council. The Planning and Zoning Commission may recommend to the Town Council certain conditions of approval to applications for conditional use permits. The Planning and Zoning Commission shall review all applications for a conditional use permit according to the following procedure:
   A.   Application: An applicant must pay all appropriate fees and must file a complete application. Fees will be set by resolution.
   B.   Public Hearing: Upon receipt of a complete application, the Planning and Zoning Commission may conduct a public hearing in accordance with Utah Code Annotated section 10-9a-201 et seq. on the conditional use permit application and shall either recommend approval, denial or modification to the Town Council.
   C.   Standards For Review: A conditional use permit shall not be issued unless the Town Council, for all conditional uses, concludes that the application complies with the standards of review specific to the zone in which the use is proposed.
   D.   Transferability: A conditional use permit runs with the land.
   E.   Expiration: Unless otherwise indicated in the final conditions, conditional use permits shall expire one year from the date of initial approval, unless the conditionally permitted use has commenced on the site.
   F.   Annual Review: The Planning and Zoning Commission may review conditional use permits on an annual basis for compliance with all final conditions of approval.
   G.   Revocation: If the Planning and Zoning Commission or the Town Council determines that the holder of a conditional use permit is in violation of the terms or conditions upon which the permit was issued, the Town Clerk shall notify the permit holder and schedule a hearing before the Town Council at which the permit holder must show cause to the Town Council why the conditional use permit should not be revoked. If the Town Council determines that the terms or conditions of the permit have been violated, it shall cause the permit holder to specify how the holder will promptly comply with the terms and conditions of the permit, or it shall revoke the permit.
   H.   Appeals: Appeals must be pursuant to section 10-3-7 of this chapter. (Ord. 04-2017, 4-6-2017)

10-3-5: NOTICE REQUIREMENTS:

Notice of all public hearings and public meetings relative to land use provisions shall follow the procedures of Utah Code Annotated section 10-9a-201 et seq. (Ord. 04-2017, 4-6-2017)

10-3-6: TERMINATION OF PROJECTS FOR INACTION:

Applicants must move their projects either to approval or denial in a reasonably expeditious manner. Upon fourteen (14) days' written notice to the applicant, the town may formally deny an application which remains inactive for six (6) months. Delays occasioned by the town shall not constitute cause for terminating an application. An applicant may appeal the town council's denial of a project for inaction to the appeal authority in the same manner as any other appeal. (Ord. 04-2017, 4-6-2017)

10-3-7: APPEALS AND CONSIDERATIONS:

The applicant, staff or any other person with standing to challenge a decision administering or interpreting this title may appeal the decision as follows:
   A.   Zoning Title Interpretation And Administration: All town decisions which interpret or administer this title, may be appealed to the appeal authority within ten (10) days of final action, by filing notice of appeal with the town clerk.
   B.   Conditional Use Permit: The appeal authority shall hear appeals of town council decisions with respect to a conditional use permit. The appeal must be filed with the town clerk within ten (10) days of the town council action.
   C.   Standing To Appeal: The following persons have standing to appeal a final action:
      1.   Any person who submitted written comment or testified on a proposal before the town council;
      2.   The owner of any property within three hundred feet (300') of the boundary of the subject site;
      3.   Any town official, board or commission having jurisdiction over the matter; and
      4.   The owner of the subject property.
   D.   Form Of Appeals: Appeals must be filed with the town clerk and must be by letter or petition, with the name, address and telephone number of the petitioner; his or 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.
   E.   Written Findings Required: The appeal authority shall prepare detailed written findings of fact, which explain the circumstances of the body's decision; and conclusions of law in support of its decision.
   F.   Standards For Appeals: The appeal authority shall comply with the following standards for all appeals:
      1.   The town clerk, in consultation with the appellant, shall set a date for the appeal;
      2.   The town clerk shall notify the owner of the appeal date;
      3.   The appeal authority shall consider the written appeal, final action and all other pertinent information from the appellant, town council and planning and zoning commission;
      4.   The appeal authority 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 appeal authority, by motion, enlarges the scope of the appeal to accept information on other matters; and
      5.   The appeal authority shall prepare written findings for review and approval within thirty (30) working days of the appeal authority decision.
   G.   Notice: Notice of all appeals shall be given by mailing courtesy notice ten (10) days prior to the hearing to the applicant and all parties who requested mailed courtesy notice for the original action.
   H.   Stay Of Approval Pending Review Of Appeal: Upon appeal, any approval granted by the town council will be suspended until the reviewing body has taken final action on the appeal.
   I.   Further Appeal To District Court: The applicant or any person aggrieved by appeal authority may appeal from the final action of the appeal authority 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 an interlocutory or final order modifying or suspending the decision.
   J.   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. 04-2017, 4-6-2017)

10-3-8: CONSTITUTIONAL TAKINGS REVIEW AND APPEAL:

To promote the protection of private property rights and to prevent the physical taking or exaction of private property without just compensation, the town council and all commissions and boards shall adhere to the following before authorizing the seizure or exaction of property:
   A.   Takings Review Procedure: Prior to any proposed action to exact or seize property, the town attorney shall review the proposed action to determine if a constitutional taking requiring "just compensation" would occur. The town attorney shall review all such matters pursuant to the guidelines established in subsection B of this section. Upon identifying a possible constitutional taking, the town attorney shall, in a confidential, protected writing, inform the town council, commission or board of the possible consequences of its action. This opinion shall be advisory only. No liability shall be attributed to the town for failure to follow the recommendation of the town attorney.
   B.   Takings Guidelines: The town 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, section 22 of the Utah constitution. The town attorney shall determine whether the proposed action bears an essential nexus to a legitimate governmental interest and whether the action is roughly proportionate and reasonably related to the legitimate governmental interest. The town 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 town's liability for a constitutional taking.
   C.   Appeal: Any owner of private property who believes that his/her property is proposed to be "taken" by an otherwise final action of the town may appeal the town decision to the appeal authority within thirty (30) days after the decision is made. The appeal must be filed in writing with the town clerk. The appeal authority shall hear and approve and remand or reject the appeal within fourteen (14) calendar days after the appeal is filed. The appeal authority, with advice from the town attorney, shall review the appeal pursuant to the guidelines in subsection B of this section. The decision of the appeal authority shall be in writing and a copy given to the appellant and to the town council, commission or board that took the initial action. The appeal authority rejection of an appeal constitutes exhaustion of administrative remedies rendering the matter suitable for appeal to a court of competent jurisdiction. (Ord. 04-2017, 4-6-2017)

10-3-9: LICENSES ISSUED IN VIOLATION:

Licenses or permits issued in violation of this title, or based on fraudulent information, are null and void. (Ord. 04-2017, 4-6-2017)

10-3-10: PENALTY:

Any person, firm, partnership or corporation, and the principals or agents thereof, violating or causing the violation of this title, or a permit issued pursuant to this title, shall be guilty of a class C misdemeanor and, upon conviction, subject to penalty as provided in section 1-4-1 of this code. (Ord. 04-2017, 4-6-2017)