1. It is the intent and purpose of this chapter to adopt the annexation process established by Utah Code Annotated and by which all new annexation petitions are reviewed in harmony with the city general plan and development code.
2. It is also the intent and purpose of this chapter to establish an approval process by which all new development proposals are efficiently and expeditiously reviewed and approved in harmony with the city general plan, development code, and adopted building and construction standards. Furthermore, that each development proposal will be treated in a consistent manner and that the ordinances of the city will be applied equally and fairly to all proposals.
3. This chapter hereby incorporates by reference all applicable provisions of Sections 10-2-401 through 10-2-428, of the Utah State Code.

All applications for annexation or development within the city after the adoption of this chapter shall adhere to the regulations and requirements of this chapter, with the exception of the construction of signs, the construction of a single-family residence on no more than one property, parcel or tract of land, and other minor construction and remodeling as determined by the Planning Commission.

In accordance with the Utah Code Annotated public meetings laws, the Planning Commission, and the City Council, shall review all land use applications, as provided in this section and this code. No project shall receive any preliminary or final approval from a reviewing body listed above, except as explicitly outlined in the processes established by this section.

Annexations shall be processed in accordance with state law. Annexations that request special development, zoning, or land use rights shall be subject to the review and recommendation of the Planning Commission in addition to any other process. No person shall be entitled to annex into the city nor to obtain any special development, zoning, or land use right in connection with annexation. A petition for annexation shall be reviewed and may be approved or denied based on consistency with the Mona City general plan and annexation policy plan and the determination of the City Council as to annexation's potential benefit to and impact on the City, its residents, and its infrastructure and other resources.

Proposed developments consisting of subdivisions, condominiums, etc., shall have the appropriate recording documents (i.e., legal descriptions, plats, CC&Rs, etc.) reviewed prior to such subdivision, condominium conversion, etc., being recorded and taking effect.

All proposed projects which are required to obtain a conditional use permit, as provided for in this title, shall receive the conditional use permit prior to any final site development approvals.

1. 1. The conditional use permit application, shall include as applicable:
      1. Location;
      2. Proof of land ownership;
      3. A site plan;
      4. A vicinity plan;
      5. And a written narrative including but not limited to:
         1. Type of use proposed;
         2. Days and times of operation;
         3. Square footage of the building(s) proposed;
         4. Square footage used by the conditional use;
         5. Expected hardship on surrounding uses;
         6. Number of users or employees; and
         7. Other information the Land Use Authority deems necessary to fulfill the purpose of this title may be requested prior to approval.
   2. The applicant shall also pay the appropriate fee outlined in the fee schedule before the city may review the application.
2. Standards of Review. Decisions of approval, approval with conditions, or denial of the conditional use permit application is based on the following criteria:
   1. The Safety of People and Property. Size and location of the use:
      1. Prevent or minimize flood water damage where necessary;
      2. Relocation, covering, or fencing of irrigation ditches, and drainage channels;
      3. Location, dimensions of truck loading and unloading facilities; and
      4. Hazardous conditions to the public health or safety.
   2. Traffic Considerations Including:
      1. Capacity of existing streets;
      2. Location and off-street parking; and
      3. Internal traffic circulation.
   3. Health and Sanitation:
      1. Emergency vehicle access; and
      2. Screening of trash pick-up or waste storage areas.
   4. Environmental Concerns:
      1. Utility capacity;
      2. Usable and permanent open space considerations;
      3. Signage and lighting;
      4. Noise, vibration, pollution, odors, stream, or other factors that might affect people and property off-site; and
      5. Potential discharge into the air, ground water, surface and subsurface water, or soil.
   5. The General Plan and Permitted Zoning Conditions:
      1. Fencing, screening, and landscaping to separate from adjoining uses;
      2. Design, architectural detail, building mass, bulk, orientation, to conform to the surrounding area; and
      3. Removal of structures, debris, or plant materials incompatible with characteristics of the underlying zone.

Except as otherwise provided in this code, where developments must complete multiple processes before final approvals can be granted, such processes may be applied for and processed concurrently where appropriate and under the following circumstances:

1. No project shall receive final development approval before annexation is completed.
2. No application for final review may be submitted until all annexation approvals have been granted and conceptual recommendations have been given by the Planning Commission.
3. City Council approval of an annexation proposal does not equate to conceptual or preliminary project approval for any such development unless specifically stated in motion by the City Council.
4. Development applications may be reviewed concurrently with an annexation petition. Any and all land use applications submitted during the annexation process must be accompanied by nonrefundable application fees.
5. All zoning approvals (i.e., rezoning applications, conditional use permits, variances, etc.) must be completed prior to final development approvals.

All required development fees, additional review fees as established in the city fee schedule, and required guarantee amounts shall be paid or provided to the city before site work can commence on a development project.

Final site plan approvals for all residential and nonresidential developments shall be valid for one year from the date this chapter is adopted or the date such plans are approved and signed by the appropriate city departments, whichever is later, unless construction has started and significant efforts are being made to complete the approved development.

1. State Requirements:
   1. Land use applications requiring notice to the public according to state law include the following:
      
      

      LAND USE APPLICATION TYPE	LOCAL NOTICE PERIOD (CALENDAR DAYS)
      General plan adoption and amendments	10
      Adoption or modification of land use ordinances	10
      Rezoning or zoning map change	10
      Code amendment of land use ordinance	10
      Subdivisions (preliminary plats)	10
      Subdivision plat amendments, vacation or alteration	10
      (Minor) Subdivision of less than 10 lots	10
      Amendments to a subdivision	10
      Street, right-of-way or easement vacations or closures	10
      Development of multi-unit residential, commercial or industrial projects	10
      Others as required by local authority	See subsection B, "Local requirements," of this section

   2. Noticing required by state law shall be in accordance with guidelines established by the state unless more strict requirements are established.
   3. Where state law requires municipalities to provide specific public noticing based on the type of land use application to be reviewed, applicants shall compensate the city for any costs incurred due to the specific noticing of applicant's request.
2. Local Requirements:
   1. In addition to the state requirements listed above, the following land use applications are to be noticed to adjacent property owners prior to the first public hearing on the application:
      
      

      LAND USE APPLICATION TYPE	LOCAL NOTICE PERIOD BEFORE FIRST HEARING (CALENDAR DAYS)
      Application to be reviewed by the city appeal authority	10
      Conditional use permit or special exemption	10
      Home occupation permit	10
      Planned unit or multi-family developments	10
      Subdivisions, including plat amendments, infill development or lot splits	10
      Variances	10
      Others where the city determines that a compelling, countervailing public interest is present	10

3. Notification to Public Utilities: Prior to final approvals of any proposed development, the subdivider shall provide the city with proof that notice of the proposed development has been provided to each public utility company having a franchise agreement with the city and including the city. It shall be the sole responsibility of the subdivider to ensure that all public utility companies have been properly notified. Such notifications shall include the information specified in subsection E. of this section.
4. Notification to Adjacent Property Owners: When notice to adjacent property owners is required, applicants shall provide to the city with their application a notification packet containing the following materials and information:
   1. Stamped and pre-addressed envelopes for each property owner of record of each parcel located entirely or partly within 500 feet from any boundary of the property subject to the application, including any owners of such property in unincorporated Juab County or adjacent municipalities. Home occupations, which are required to obtain a conditional use permit, shall provide the above notice materials and information for property owners within 300 feet from any boundary of the property. It shall be the sole responsibility of the applicant to verify that the mailing list and envelopes are complete and accurate;
   2. A mailing list, provided by the Juab County Recorder's Office, for those property owners stipulated above;
   3. A notification letter to be sent to the above property owners, which includes the information specified in subsection E. of this section, with any and all maps and attachments.
5. Notice Contents: All notices shall include at least the following information:
   1. The date of the notice;
   2. The exact time, location and place of the review of the proposal, as determined and scheduled by the Planning Commission and City Council;
   3. That the public has the right to be present at the meeting and to express any comments or concerns regarding the proposal;
   4. The exact address of the property that is the subject of the proposal;
   5. A detailed description of the proposal, including copies of maps, plans or graphics;
   6. A description of the requirement for notification;
   7. The zoning of the property that is the subject of the proposal;
   8. A statement declaring one of the following as applicable:
      1. The hearing outlined in the notice is to be the only review of the proposal; or
      2. The hearing outlined in the notice is the first in a series of reviews of the proposal and no further direct notification will be directly mailed to the recipient. Later reviews of the proposal will be noticed only through general advertisement of agendas by the city. City meeting agendas posted at Mona City office, the Mona post office and the Gaydean's Sweet Art Bakery located on Mona City Main Street. It is the responsibility of the public to make themselves aware of future agendas and reviews of the proposal.
   9. Contact information for the applicant and the Planning Commission;
   10. The following paragraph:
       
       If notice given under this title is not challenged in written form to the city appeal authority within thirty (30) days after the meeting or action for which notice is given, the notice is considered adequate and proper. Furthermore, if no challenge or protest is filed within thirty (30) days after the meeting or action for which notice was given, any defect in the notice shall not affect or invalidate any hearing or action by the Planning Commission or City Council.
6. Postings on Property: The city may, but is not required to, provide a courtesy notice of the first public hearing of an application by posting information on the subject property. This courtesy notice is not a legal requirement, and any defect in the courtesy notice shall not affect or invalidate any hearing or action by the Planning Commission or City Council.

1. All development proposals shall include the appropriate city approved application forms, required information listed on such forms, and required fees prior to city review of the proposal. These forms include the following:
   1. Site development review application - concept.
   2. Site development review application.
   3. Subdivision or condominium review application - concept.
   4. Subdivision or condominium review application - preliminary.
   5. Subdivision or condominium review application - final.
2. Applicants are encouraged to meet with city staff prior to submission to discuss development concerns, required materials, review time frames and development options.

(Am. Ord. passed 4-13-2021)