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Mendon City Zoning Code

7 ADMINISTRATION

7.02 PLANNING AND ZONING COMMISSION

A. ORGANIZATION. There shall be appointed a Planning and Zoning Commission consisting of a minimum of five (5) members, who shall serve at the currently assigned pay which will be paid out in quarterly increments. Each member is to be appointed by the City Council for a term of three (3) years; provided, the terms of the members of the first board as appointed shall be such that the term of not more than two (2) members shall expire each year. Terms are renewable as determined by city council in three year intervals. Each member shall be a citizen of the city of Mendon, living within the boundaries of Mendon, and shall have lived within the boundaries of Mendon for a minimum of 6 months. Any member may be removed for any cause by the appointing authority upon written charges and after public hearing, if such a hearing is requested. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. At least one (1) member of the City Council shall be a non-voting advisor to the Planning and Zoning Commission. Terms of members of the planning commission shall begin on or before the Monday following approval of City Council. The members of the planning commission shall select from their own members a chairman and such other officers as deemed necessary. The chairman shall adopt rules and regulations for their organization and for the transaction of business and the conduct of their proceedings. B. POWERS AND DUTIES. The Planning and Zoning Commission shall do the following: 1. Prepare and recommend a general plan, and amendments to the general plan, to the City Council. 2. Recommend zoning ordinances and maps, and amendments to zoning ordinances and maps, to the City Council. 3. Approve, approve with modifications and/or conditions, or deny conditional use applications. 4. Recommend subdivision regulations, and amendments to those regulations, to the City Council. 5. Recommend approval or denial of subdivision applications in accordance with the duly adopted Mendon City Subdivision Ordinance and the provisions of this title. 6. Evaluation and approval of business licenses and conditional use permits. 7. Advise the City Council on matters as the City Council directs. 8. Recommend certain applications to the Board of Adjustments. 9. Exercise any other powers necessary to enable it to perform its function or delegated to it by the City Council. C. MEETINGS. The planning commission shall meet monthly (e.g., third Thursday of each month) and at such other times as the planning commission may determine. A simple majority of the planning commission shall constitute a quorum. All meetings of the Planning and Zoning Commission shall be open to the public and shall comply with the requirements of this title pertaining to public hearings and Utah Code § 52-4, as it may be amended from time to time. Report of official acts and recommendations of the planning commission shall be public and made by the chairman in writing to the governing body, and shall indicate how each member of the commission voted with respect to such act or recommendation. Any member of the commission may also make a concurring or dissenting report or recommendation to the governing body.


HISTORY
Adopted by Ord. 2010-03 on 2/11/2010
Repealed & Reenacted by Ord. 2020-07 on 9/10/2020
Amended by Ord. 2024-03 on 11/14/2024

7.04 ADMINISTRATIVE LAND USE AUTHORITY

1. Mendon City hereby establishes the Mendon City Land Use Authority (MCLUA) (also used interchangeably with ALUA), consisting of: a. Administrative Land Use Authority (AULA) – an individual or entity contracted or hired by Mendon City to administer the projects and processes. b. Mendon City Engineer c. Mendon City Attorney 2. The Mendon City Land Use Authority will review, evaluate, and approve or deny all subdivision applications submitted to Mendon City. 3. In addition, the Administrative Land Use Authority will review, evaluate, and approve or deny all zoning clearances required prior to the issuance of a building permit for any structure within Mendon City. 4. All decisions, with any and all supporting documentation, will be made public and available upon request.


HISTORY
Adopted by Ord. 2010-03 on 2/11/2010
Repealed & Reenacted by Ord. 2020-07 on 9/10/2020
Adopted by Ord. 2024-03 on 11/14/2024

7.06 BOARD OF ADJUSTMENT

A. ORGANIZATION. To carry out the provisions of Utah law relating to planning and zoning, there is hereby created a Board of Adjustment. The Board of Adjustment shall consist of five (5) members. Members of the Board of Adjustment shall be appointed by the City Council. Any member may be removed for cause by the appointing authority upon written charges and after public hearing, if such a hearing is requested. A new member shall promptly be appointed by the City Council to fill the unexpired portion of any term which becomes vacant by reason of death, resignation, removal, or disqualification of any member. The term of service on the Board of Adjustment shall be five (5) years, except that the term of service for the first Board of Adjustment shall be such that the term of one (1) member shall expire each year. One (1) member shall be appointed on or before the first Monday in February of each year. The Board of Adjustment shall organize and elect a chairman and a secretary. They shall adopt rules and procedures as necessary for the conduct of meetings and carrying out of duties as provided by this ordinance. An acting chairman shall be selected in the absence of a chairman. B. POWERS AND DUTIES. The Board of Adjustment shall do the following: 1. Hear appeals from any person or from any officer, department, board, or bureau of the municipality affected by any decision of the administrative officer, wherein it is alleged there has been error in any order, requirement, decision, or determination made by such officer in the enforcement of this ordinance. Upon hearing the appeal, the Board of Adjustment shall affirm or reverse the decision, in whole or in part, in accordance with the provisions of contained within this title. 2. Approve, approve with conditions, or deny variance applications in accordance with the standards contained within this title. C. MEETINGS. Meetings of the Board of Adjustment shall be held at the call of the chairman and at such other times as the board may determine. The chairman of the board or, in his absence, the acting chairman may compel the attendance of witnesses and administer oaths. All meetings of the Board of Adjustment shall be open to the public and shall comply with the requirements of this title pertaining to public hearings and Utah Code 52-4, as it may be amended from time to time. The Board of Adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote indicating such fact, and shall keep records of its examinations and other official actions; all of which shall be immediately filed in the office of the board and shall be a public record.


HISTORY
Adopted by Ord. 2010-03 on 2/11/2010
Repealed & Reenacted by Ord. 2020-07 on 9/10/2020
Amended by Ord. 2024-03 on 11/14/2024

7.08 CITY COUNCIL

A. POWERS AND DUTIES RELATIVE TO PLANNING AND ZONING. In accordance with the requirements of the Utah Code and the provisions of this title, the City Council shall do the following: 1. Adopt a general plan and amendments to the general plan. 2. Adopt a zoning ordinance and map and approve or deny amendments to the zoning ordinance and map. 3. Enforce the provisions of this title. The City Council, by resolution or ordinance, may from time to time entrust the administration and enforcement of some part or the whole of this ordinance to any other officer of Mendon City, without amendment to this ordinance.


HISTORY
Adopted by Ord. 2010-03 on 2/11/2010
Repealed & Reenacted by Ord. 2020-07 on 9/10/2020
Amended by Ord. 2024-03 on 11/14/2024

7.10 PUBLIC HEARINGS RELATIVE TO PLANNING AND ZONING

All public hearings held in the administration or enforcement of this title shall comply with the requirements of Utah Code 52-4, as it may be amended from time to time. Each public body shall give not less than twenty-four (24) hours public notice of the agenda, date, time, and place of each of its meetings. Public notice shall be satisfied by posting written notice at the principal office of the public body or, if no such office exists, at the building where the meeting is to be held; and providing notice to at least one (1) newspaper of general circulation within the geographic jurisdiction of the public body, or to a local media correspondent. All meetings posted to the Utah Public Notice Website https://utah.gov/pmn/index.html In addition to the posting of the agenda, public notice for applications requiring a public hearing shall consist of a legal notice in a newspaper of general circulation within the geographic jurisdiction of the public body, posting a notice on the premise of the application (except for zoning ordinance text amendments), and a radius notice to property owners within three hundred (300) feet residential, nine hundred (900)feet commercial/industrial zone, of the property being considered. In each case, notice shall be provided at least fourteen (14) days prior to the public hearing.


HISTORY
Adopted by Ord. 2010-03 on 2/11/2010
Repealed & Reenacted by Ord. 2020-07 on 9/10/2020
Amended by Ord. 2024-03 on 11/14/2024

7.12 PERMITS TO COMPLY WITH ORDINANCE

From the effective date of this ordinance, no permit shall be granted for the construction or alteration of any building or structure, or the moving of a building or structure onto a lot, if such building or structure would be in violation of any of the provisions of the ordinance. No public officer shall grant any permit or license for the use of any building or land if such use would be in violation of this ordinance.

HISTORY
Adopted by Ord. 2010-03 on 2/11/2010
Repealed & Reenacted by Ord. 2020-07 on 9/10/2020
Amended by Ord. 2024-03 on 11/14/2024

7.14 POWERS OF THE ENFORCEMENT OFFICIAL

The Enforcement Official shall enforce all the provisions of this ordinance, entering actions in the court when necessary, and his failure to do so shall not legalize any violation of such provisions. No building permit shall be issued by the Enforcement Official unless the plans of, and for, the proposed erection, construction, reconstruction, alteration, and use fully conform to all zoning regulations then in effect.

HISTORY
Adopted by Ord. 2010-03 on 2/11/2010
Repealed & Reenacted by Ord. 2020-07 on 9/10/2020
Amended by Ord. 2024-03 on 11/14/2024

7.16 LICENSING

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

HISTORY
Adopted by Ord. 2010-03 on 2/11/2010
Repealed & Reenacted by Ord. 2020-07 on 9/10/2020
Amended by Ord. 2024-03 on 11/14/2024

7.18 PENALTIES

Violation of any provision of this ordinance may be restrained by action of the City Council in the name of the city and such violation shall be punishable by a fine not to exceed two hundred ninety nine dollars ($299.00), or by imprisonment for not more than six (6) months, or both. Each day a violation is permitted to exist shall constitute a separate offense.

HISTORY
Adopted by Ord. 2010-03 on 2/11/2010
Repealed & Reenacted by Ord. 2020-07 on 9/10/2020
Amended by Ord. 2024-03 on 11/14/2024

7.20 VALIDITY

Should any section, clause, or provision of this ordinance be declared by the courts to be invalid, the same shall not affect the validity of the ordinance as a whole, or any part thereof, other than the part so declared to be invalid. The Planning and Zoning Commission, Board of Adjustment, MCLUA, or individual members thereof shall not be held liable.

HISTORY
Amended by Ord. 2024-03 on 11/14/2024

2010-03

2020-07

2024-03