Mendon City Zoning Code

1. PURPOSE. To provide for the regulation of land uses to insure their compatible integration in the land use pattern of Mendon, Utah.
2. APPLICABILITY. The regulations of this chapter shall apply to any use which requires conditional use approval as noted in the applicable base district or overlay district. Any modification or expansion of a previously approved conditional use shall require a new conditional use approval. An approved conditional use may be sold or assigned to subsequent property owners or operators without considering and acting upon a new application. Any use that requires a business license to operate or that cannot or will not comply with the original conditions of approval shall reapply for conditional use upon change in ownership. Conditional use approval is not transferable from one property to another.
3. APPLICATION PROCESS. A conditional use shall be subject to a public hearing, review, and approval subject to the regulations of this Chapter. The approval process shall be as follows:
   1. An application and fees, as adopted by the City Council, shall be submitted to the Planning and Zoning Commission
   2. A site plan of the proposed conditional use, drawn to scale, and showing all existing and proposed buildings, fences, landscaping, automobile parking, loading areas, and other pertinent information shall be submitted
   3. The Planning and Zoning Commission shall apply the general conditional use standards and the findings listed in this Chapter to review and approve or deny the conditional use
   4. Prior to issuance of a building permit, the applicant shall provide written documentation indicating the facility has been approved by all applicable public agencies
   5. The approval shall be limited to a one (1) year period in which the applicant or owner must obtain all necessary permits and obtain a building permit
   6. An affected party may appeal any decision of the Planning and Zoning Commission regarding a conditional use to the Board of Adjustment within fifteen (15) days from the date from which the decision was final. Any such appeal shall comply with the provisions of this chapter regarding appeals.
4. CONDITIONAL USE STANDARDS. The conditional use standards are as follows:
   1. The applicant shall guarantee to comply with the approved plans and specifications
   2. The applicant shall have a continuous obligation to maintain adequate housekeeping practices so as not to create a nuisance
   3. The applicant or owner shall obtain the written approval of the appropriate Fire Authority regarding the location specifications of any proposed structure, facility, or use
   4. The owner and/or operator shall maintain sanitary practices so as not to create a public nuisance and to reduce noise and odor
   5. The owner and/or operator shall furnish evidence that any dangerous characteristics of the proposed use have been or shall be eliminated or minimized so as not to create a nuisance or be detrimental to the public health, safety, or welfare
   6. If abutting, or within, a residential district, the facility hours may be limited by the Planning and Zoning Commission
   7. If abutting, or within, an agricultural district, the proposed use shall not cause detrimental impacts to agriculture
   The Planning and Zoning Commission may require additional conditions to mitigate impacts. The conditions may include, but not be limited to, any or all the following:
   1. Standards related to unsightly views or the emission of noise, vibration, odors, and other potentially objectionable aspects of a land use
   2. Limits on time of day for the conduct of the specified use
   3. The period within which the permit shall be exercised or otherwise lapse
   4. Other standards necessary to protect the public health, safety, and welfare and mitigate adverse effects on surrounding property
5. REQUIRED FINDINGS. The Planning and Zoning Commission may approve, approve with modifications, or deny any conditional use application subject to the following required findings:
   1. The proposed use is not detrimental to the public health, safety, or welfare
   2. The proposed use shall not create undue adverse impacts on surrounding properties
   3. The proposed use is consistent with the General Plan
   4. The proposed use complies with the purpose statement of the applicable base district
   5. The proposed use complies with all applicable City ordinances
   6. The proposed use complies with all applicable State and Federal regulations
   7. The proposed use and facilities shall not impede the normal development of surrounding property
   8. Adequate public and private facilities such as utilities, landscaping, parking spaces, and traffic circulation measures are, or shall be, provided for the proposed use
6. REVOCATION. A conditional use permit may be revoked by the Planning and Zoning Commission upon failure to comply with the conditions imposed with the original approval of the permit. Any such revocation shall require a public hearing. Failure to comply with a duly authorized revocation order shall result in penalties consistent with MZC 7.16.

1. PROCESS. The applicant for a variance shall apply in writing to the Board of Adjustment. Such application shall describe the variance requested and present all applicable information regarding measurements and uses and shall state how each of the requirements for a variance are met. A site plan and any other pertinent drawings, photographs, or exhibits supporting the variance request shall be submitted with the application. The Board of Adjustment shall fix a reasonable time for hearing of the application, give public notice thereof, as well as due notice to the parties of interest, hold the hearing, and render a decision within a reasonable time. At the hearing, any party may appear in person or by agent or by attorney.
2. REQUIRED FINDINGS. After due consideration of applicable facts and circumstances, the Board of Adjustment may grant a variance from the terms or this ordinance provided all the following conditions and limitations are met:
   1. The variance will not be contrary to the public interest.
   2. Owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardships and difficulties.
   3. The spirit of the ordinance shall be observed.
   4. Substantial justice shall be done.
   5. The variance will not substantially affect the comprehensive plan of zoning in the city.
   6. Special circumstances are attached to the property covered by the application which does not generally apply to the other property in the same district.
   7. Because of special circumstances, property covered by the application is deprived of privileges possessed by other properties in the same district, and that the granting of the variance is essential to the enjoyment of a substantial property right possessed by other property in the same district. Variances shall not be used to circumvent the provisions of the ordinance, or to grant benefits and advantages generally denied by the ordinance.

1. PROCESS. Any final decision, determination, or order of the administrative officer or the Planning and Zoning Commission may be appealed to the Board of Adjustment as provided for in this Section. Any such appeal shall be filed within fourteen (14) days from the date upon which the final decision, determination, or order became effective. Appeals shall be filed in writing with the Board of Adjustment and shall specify the grounds for the appeal. The Board of Adjustment shall transmit all the papers constituting the record upon which the appeal is based to the City Council, shall fix a reasonable time for the hearing of the appeal, give public notice thereof as well as due notice to the parties in interest, and shall decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney. Any final decision, determination, or order of the City Council may be appealed to the District Court. A petition for review of the decision shall be filed with the District Court within thirty (30) days as provided for by Utah Code § 10-9-1001. An appeal stays all proceedings in furtherance of the action appealed unless the Administrative Officer or Planning and Zoning Commission certifies to the Board of Adjustment that a stay would cause imminent peril to life or property.
2. REQUIRED FINDINGS. The Board must find clear and convincing evidence that the final decision, determination, or order being appealed was made in error or in violation of this ordinance. Upon hearing the appeal, and after due consideration of evidence, the Board of Adjustment shall affirm, reverse, or modify the decision, determination, or order in whole or in part to correct any error and bring the order or decision into conformity with the provisions of this ordinance. To this end, the board shall have all the powers of the administrative officer or commission from whom the appeal is taken. The concurring vote of five (5) members of the board shall be necessary for a decision.

Mendon City’s Annexation Policy Plan is outlined in Ordinance 2019-06. It was approved and passed 11-14-2020. The annexation policy plan is the source for all information pertaining to annexation rules and requirements.

1. PROCESS. Annexation to the City of Mendon shall be a result of an application filed by the property owners seeking annexation. Any such application shall fully comply with the requirements of Utah Code 10-2. Applications shall also specify the desired zoning designation subsequent to the annexation plan policy and shall be filed with the City Clerk for review and recommendation of the Planning and Zoning Commission. The application shall be processed in accordance with the provisions of the Utah Code and this title pertaining to annexation and zoning ordinance amendments. Any such application shall be considered by the Planning and Zoning Commission at public hearing and shall be forwarded to the City Council with a recommendation of approval or denial. Upon the recommendation of the Planning and Zoning Commission, the City Council shall hold a public hearing and shall approve or deny the application based upon the standards of the Utah Code
2. STANDARDS. Newly annexed land shall be contiguous with the existing Mendon City Limits and will not leave or create an unincorporated island or peninsula, except as provided for in Utah Code § 10-2-418(1)(b). Newly annexed land shall be given a zoning designation consistent with the policies and land use map of the Mendon City Annexation Plan Policy.
3. REQUIRED FINDINGS. An application for approval of annexation shall only be approved by the Mendon City Council after finding that it meets all the criterion set forth in the city’s annexation plan policy.

1. PROCESS. A zoning ordinance amendment (map or text) may be initiated by the City Council, the Planning and Zoning Commission, a property owner, or a citizen of Mendon City.
   
   All proposed amendments shall be submitted to the Planning Commission for recommendation and shall be forwarded to the Mendon City Council for consideration within thirty (30) days. Failure of the Planning Commission to submit its recommendation within the prescribed time shall be deemed a recommendation of approval of the proposed change or amendment.
   
   The Mendon City Council shall conduct a public hearing on the application within forty-five (45) days of the Commission’s decision.
2. REQUIRED FINDINGS. Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. To grant a map or text amendment to the zoning ordinance, the Council shall make the following findings:
   1. The zoning ordinance amendment complies with the Mendon City General Plan.
   2. The zoning ordinance amendment complies with the regulations outlined for the proposed base zone, specifically the purpose statement.
   3. The zoning ordinance amendment shall not be materially detrimental to the public health, safety, and welfare.
   The zoning ordinance amendment shall not result in an adverse impact upon the delivery of any municipal services.