Morgan County Unincorporated
City Zoning Code

ADMINISTRATION; ENFORCEMENT

§ 155.020 ZONING ADMINISTRATOR AUTHORITY AND DUTIES.

(A) The Zoning Administrator shall be appointed by the governing body. In the event of a failure to designate another party to hold said position, the duties of the Zoning Administrator shall be discharged by the governing body.

(B) The Zoning Administrator is hereby authorized to enforce this chapter and all provisions thereof and shall do so by any legal means available to him or her, including, but not limited to, the following.

(1) Building permit issuance. Advise the Building Official on the issuance of building permits. When the Zoning Administrator gives written notification to the Building Official that an intended use, building or structure would be in violation of this chapter, such written notification shall be a presumption of illegality and the Building Official shall not issue a building permit for such use, building or structure. (If the offices of Building Official and Zoning Administrator are held concurrently by one person, this person shall detail the violation in writing on the permit refusal notification.)

(2) Inspections for compliance. Inspect the uses of buildings, structures or land to determine compliance with this chapter. Such inspections shall be made at reasonable times.

(3) Notices of violation. Issue notices of violation wherever buildings or lands are being used contrary to the provisions of this chapter. (This shall be done by serving notice in writing on any person engaged in said use and posting such notice on the premises.)

(4) Report violations. Inform the governing body of all code violations and recommend specific courses of action with regard to each violation.

(5) Records maintained. Maintain a file of title violations and action to be taken by the governing body on such violations.

(Prior Code, § 8-3-1) Penalty, see § 155.999

§ 155.021 ZONING REGULATIONS GENERALLY.

(A) Right to regulate. The County Commission may enact a zoning ordinance establishing regulations for land use and development that furthers the intent of this chapter.

(B) Preparation and adoption of zoning regulations.

(1) The Planning Commission shall prepare and recommend to the County Commission a proposed zoning ordinance, including both the full text of the zoning ordinance and maps, that represents the Planning Commission’s recommendations for zoning all or any part of the area within the county.

(2) The County Commission shall hold a public hearing on the proposed zoning ordinance recommended to it by the Planning Commission in compliance with UCA § 17-27a-205.

(3) After public hearing the County Commission may:

(a) Adopt the zoning ordinance as proposed;

(b) Amend the zoning ordinance and adopt or reject the zoning ordinance as amended; or

(C) Amendments and rezoning. The County Commission shall comply with the procedure specified in § 155.023 of this code, in preparing and adopting an amendment to this chapter or the zoning map.

(D) Temporary regulations.

(1) The County Commission may, without a public hearing, enact ordinances establishing temporary zoning regulations for any part or all of the area within the county. Those temporary zoning regulations may prohibit or regulate the erection, construction, reconstruction or alteration of any building or structure or subdivision approval.

(2) The County Commission shall establish a period of limited effect for the ordinances not to exceed six months.

(3) There shall be no claim for damages based on a temporary moratorium under this division (D).

(E) Zoning districts.

(1) The County Commission may divide the territory over which it has jurisdiction into zoning districts of a number, shape and area that it considers appropriate to carry out the purposes of this chapter.

(2) Within those zoning districts, the County Commission may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings and structures and the use of land.

(3) The County Commission shall ensure that the regulations are uniform for each class or kind of buildings throughout each district, but the regulations in one district may differ from those in other districts.

(Prior Code, § 8-3-2) (Ord. 13-03, passed 4-16-2013)

§ 155.022 AMENDMENTS TO TITLE AND ZONING MAP.

The County Commission may amend this chapter, including the zoning map, but only in accordance with the following procedure.

(A) The County Commission may instruct staff to study and make recommendations for amendments to this chapter or the zoning map in response to changes in policy or conditions generally within the county. Staff shall forward a recommended amendment to the Planning Commission for their consideration. The Planning Commission shall review and make recommendation to the County Commission regarding the proposed amendment pursuant to § 155.023(D) of this code.

(B) The Planning Commission may instruct staff to study and make recommendations for amendments to this chapter in response to changes in policy or conditions generally within the county. Staff shall forward a recommended amendment to the Planning Commission for its consideration. The Planning Commission shall review and make recommendation to the County Commission regarding the proposed amendment pursuant to § 155.023(D) of this code.

(C) Any property owner may initiate an amendment to this chapter or the zoning map, as long as they are affected by the proposed amendment, by submitting a complete application to the Planning and Development Services Department in accordance with § 155.023(A) of this code.

(Prior Code, § 8-3-3) (Ord. 13-03, passed 4-16-2013)

§ 155.023 PROCEDURES FOR AMENDMENTS AND REZONINGS.

(A) Application. For any property owner-initiated amendment to this chapter or the zoning map, the owner seeking such amendment shall submit a complete application to the Planning and Development Services Department on a form provided by the Zoning Administrator and in accordance with the following submittal requirements:

(1) The name, address and telephone number of the applicant and the applicant’s agent, if any;

(2) The name and address of every person or company the applicant represents. For site-specific applications, the name and address of all owners of the property;

(3) The requested amendment and reasons supporting the request;

(4) If the proposed amendment requires a change to the zoning map, the application shall include:

(a) An accurate property map showing present and proposed zoning;

(b) All abutting properties showing present zoning; and

(5) If the proposed amendment requires a change in the text of this chapter, the application shall include chapter and section references and a draft of the proposed text;

(6) A nonreturnable amendment application fee; and

(7) A sufficient number of plain white legal-size envelopes, addressed to the required recipients specified in § 155.032 of this code, and with proper postage affixed.

(B) County initiated amendments. For County Commission or Planning Commission initiated amendments, staff shall prepare an application pursuant to relevant requirements of this chapter, which shall not have a fee requirement.

(C) Public notice. The county shall prepare and give notice of public hearings to consider such amendment as provided by UCA § 17-27a-205 and § 155.032(E) of this code.

(D) Planning Commission review and recommendation.

(1) Upon receiving a recommendation from staff regarding an amendment to this chapter or the zoning map, and after holding the required public hearing, the Planning Commission shall review the amendment and prepare its recommendation. The Planning Commission may recommend approval, approval with modifications or denial of the proposed amendment and shall submit its recommendation to the County Commission for review and decision.

(2) Changed or changing conditions make the proposed amendment reasonably necessary to carry out the purposes stated in this chapter.

(E) County Commission review. The County Commission shall schedule and hold a public hearing on the application as provided in § 155.031 of this code. Following the public hearing the County Commission may approve, approve with modifications or deny the proposed amendment. Prior to making a decision that goes contrary to the Planning Commission’s recommendation, the County Commission may, but is not obligated to, remand the amendment to the Planning Commission with a request for another recommendation with additional or specific considerations. The Planning Commission shall review such request as specified in division (D) above.

(F) Approval standards. A decision to amend the text of this chapter or the zoning map is a matter committed to the legislative discretion of the County Commission and is not controlled by any one standard. However, in making an amendment, the County Commission and Planning Commission should consider the following factors:

(1) Whether the proposed amendment is consistent with goals, objectives and policies of the county’s General Plan;

(2) Whether the proposed amendment is harmonious with the overall character of existing development in the vicinity of the subject property;

(3) The extent to which the proposed amendment may adversely affect adjacent property; and

(4) 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, stormwater drainage systems, water supplies and wastewater and refuse collection.

(G) Reconsideration. Where an application for zoning amendment has been denied, the Planning Commission and the County Commission shall not review the same zoning amendment application within two years of a denial unless there is a substantial change of conditions since the earlier application. A new application, with applicable fee, shall be required and processed in accordance with the procedure outlined in this section.

(Prior Code, § 8-3-4) (Ord. 13-03, passed 4-16-2013; Ord. 18-07, passed 11-13-2018)

§ 155.024 BUILDING PERMIT; SITE PLAN REQUIRED.

An application for a building or use permit shall be made to the county’s Building Official and shall include a site plan, written acknowledgment from an authorized representative of the local Fire District where the building or use is to take place that the Fire District is aware of the proposed building, and that all applicable impact fees authorized by law have been paid, and such other information as may be required by county ordinance.

(Prior Code, § 8-3-5)

§ 155.025 BUILDING, LAND USE AND OCCUPANCY PERMIT REQUIREMENTS.

(A) Permit required. No building or structure shall be constructed, reconstructed, altered or moved, and no land shall be used, except after the issuance of a building, land use and occupancy permit for the same by the Building Official.

(B) Compliance required prior to issuance. Building, use and occupancy permits shall not be granted for the construction or alteration of any building or structure, for the moving or removal of a building onto or from a lot, or for the use or occupancy of a building or land, if such structure, construction, alteration, moving, use or occupancy would be in violation of any of the provisions of this chapter.

(C) Report required. An occupancy permit shall not be issued until the Zoning Administrator and Building Official shall have filed on record a report finding that the structures and intended uses are in compliance with the provisions of this chapter, and specifically, as to location and completion of both off-site (curb, gutter, sidewalk, paving, utilities, fences, ditches and the like) and on-site (buildings and the like) improvements.

(D) Inspection and approval prior to occupancy. Buildings and structures requiring a building permit pursuant to the provisions of this chapter shall not be occupied nor put into use until the county Building Official has inspected such building or structure, finds compliance with this chapter and the Building Code of the county, and gives a written certificate of occupancy and use to the owner or his or her agent to occupy and/or use the building or structure in the manner approved by the issuance of a valid building permit.

(Prior Code, § 8-3-6)

§ 155.026 CONSULTING FEES PAID BY APPLICANT.

(A) Requirements. Upon the recommendation of the Planning Commission as provided in division (C) below, the governing body may require any applicant applying for a permit or conditional use permit for any development or project set forth in this chapter, including, but not limited to, any application for a development, or any project that would require an amendment to the county’s General Plan, to enter into a written agreement with the county wherein the applicant agrees to pay for all reasonable consulting fees of one or more consultants retained by the county and determined to be proper and necessary in the interests of the health, safety and welfare of the people of the county and in light of the limited resources available to the county. The consultants shall be used to review and report on any aspect of an application or project requirement of this chapter for a permit or a conditional use permit, including an application for a development. Consultants may include, but are limited to, planners and engineers approved by the Planning Commission. Applicants will not be charged in excess of standard industry fees. Total fees charged to applicants may be up to, but shall not exceed, 5% of the total fair market value of the proposed project.

(B) Agreement; financial accounting. The agreement will outline that a deposit of funds by the applicant, in an amount to be determined by the Planning Commission after giving due consideration to the nature and scope of the development or project and the financial ability of the applicant, will be submitted to the County Treasurer, to be held in a trust. The county will then retain the necessary and recommended consultants and pay them directly from this account. The Planning Commission will review each invoice submitted by a consultant for work completed and for reasonableness of fees. Each invoice duly approved by the Planning Commission shall be submitted to the County Treasurer for payment. The County Treasurer will monitor and make all disbursements from this account based on invoices approved by the Planning Commission. Upon written request, the County Treasurer shall provide the applicant with an accounting of funds dispersed under this account. The agreement will further describe the process for the deposit of additional funds by the applicant when the account has been nearly depleted. If additional funds are not deposited, the county reserves the right to stop all work on the review and/or approval of the application upon written notice to the applicant, or as otherwise specified in the agreement. The agreement will state that the funds may only be used to review the applicant’s development or project, and that no funds will be returned to the applicant, except those remaining after all approved invoices have been paid.

(C) Criteria. The Planning Commission will consider the following criteria and make appropriate findings when determining whether to recommend for approval by the governing body the services of one or more independent consultants:

(1) The nature, scope, duration and technical complexities of the development or project;

(2) The overall impact the development or project will have to the health, safety and welfare of the county, including, but not limited to, environmental impact, fiscal impact, social, educational or historical impact, demand impact on county services, future growth impact and the like; and

(3) The limited resources of the county, including, but not limited to, personnel, expertise and/or fiscal resources.

(Prior Code, § 8-3-7) (Ord. 11-16, passed 12-6-2011)

§ 155.027 INACTIVE APPLICATIONS.

(A) Conditions. Applications before the Zoning Administrator, Planning Commission, County Commission or appeal authority shall be deemed inactive and procedurally denied under the following conditions.

(1) The Zoning Administrator, or assignee, determines that the application is incomplete for the purposes of subsequent, substantive land use authority review, and the applicant fails to correct or provide documentation of a good faith effort to correct the identified deficiencies within six months after receiving written notice of the deficiencies.

(2) The land use authority or appeals authority tables/postpones action on the application pending further submittals from the applicant, and said submittals are not received within six months from the date of the motion to table/postpone the application.

(B) Reapplication. Applications which are deemed inactive and procedurally denied may reapply upon submission of the required documents and submittal of a new fee.

(C) Notification required. No application shall be deemed inactive or procedurally denied until 14 days after written notice of such pending determination is sent to the applicant by the Zoning Administrator or designee.

(D) Appeal. A determination to deem an application inactive or procedurally denied may be appealed to the appeal authority in accordance with the provisions of § 155.030 of this code.

(Prior Code, § 8-3-8) (Ord. 13-05, passed 4-16-2013)

§ 155.028 PLANNING COMMISSION.

(A) Created; membership; appointment.

(1) The Planning Commission shall consist of seven members. Of the seven Planning Commission seats, five shall be appointed by the Commission as follows. Each County Commissioner shall nominate one individual for appointment to the Planning Commission from the following areas:

(a) Mountain Green;

(b) Peterson/Enterprise;

(d) Croydon/Round Valley; and

(e) Richville/Porterville.

(2) Each nominated individual will then be ratified by the County Commission.There shall be two at large Planning Commission seats. Interested residents of the county shall submit applications to the Planning Department. Applications will be provided to the County Commission for consideration and possible appointment.

(B) Term of office. The terms of the seven Planning Commissioners shall be four years. Their terms shall begin on March 1 of the year of their appointment and shall end on the last day of February of the fourth year of their term.The terms of the five Planning Commissioners nominated and appointed by the County Commission as described in division (A)(1) and (2) above shall continue until March 31 of the year the new Commissioners would be sworn in to take their seats. Each election new or existing Planning Commissioners will need to be nominated and (re)ratified for the next term of office of the County Commission. New County Commissioners shall have three months to nominate a Planning Commissioner as outlined above. If this occurs the term of the Planning Commissioner whose seat would be changed based on the newly elected County Commissioner shall be extended during the interim.

(1) The members of the Planning Commission shall serve as such without compensation, except that the governing body shall fix per diem compensation for the members of the Planning Commission based on necessary and reasonable expenses and on meetings actually attended. The actual expenses incurred shall be based upon presentation of proper receipts and vouchers.

(2) Each member of the Planning Commission shall be required to attend (or have attended previously) one two-day training seminar, or equivalent, within 12 months of initial appointment. Training fees and per diem expenses shall be paid for by the county. Exceptions may be granted by the governing body based on previous experience or professional certification. Additional training may be required by the Planning Commission on federal, state or local laws, including this chapter.

(D) Vacancies and removals for cause. Vacancies of appointed members occurring otherwise than through the expiration of terms shall be filled for the remainder of the unexpired term. The governing body shall have the right to remove any member of the Planning Commission for misconduct and may remove any member for nonperformance of duty. Unexcused absences from three consecutive regular scheduled meetings of the Planning Commission may be considered by the governing body as nonperformance of duty. Vacancies will be filled as provided in division (A) above.

(E) Chairperson. The Planning Commission shall elect from its members a Chairperson, whose term shall be for one year.

(F) Employees and staff. The Planning Commission shall have power and authority to employ experts and a staff, and to pay such expenses as may be reasonable and necessary for carrying out the powers hereinafter set forth, but not in excess of such sums as may be appropriated by the governing body and/or which may be placed at the disposal of the Planning Commission by gift or otherwise.

(G) Rules and regulations adopted. The Planning Commission may adopt such rules and regulations governing its procedures as it may consider necessary or advisable, and shall keep records of its proceedings, which records shall be open to inspection by the public at all reasonable times. The adopted rules and regulations shall be presented to the governing body for its approval or disapproval. Only after the formal approval of the governing body shall the rules and regulations be enforceable.

(H) Powers and duties. The Planning Commission is hereby designated the land use authority of the county for the following:

(1) Prepare and recommend a General Plan, and amendments to the General Plan, to the County Commission as provided in this chapter;

(2) Recommend zoning ordinances and maps, and amendments to zoning ordinances and maps, to the County Commission as provided in this chapter;

(3) Administer provisions of this chapter, where specifically provided for in this chapter, as adopted by the County Commission;

(4) Recommend subdivision regulations and amendments to those regulations to the County Commission;

(5) Hold a public hearing on proposed subdivision regulations before making its final recommendations to the County Commission;

(6) Recommend approval or denial of subdivision applications as provided in this chapter;

(7) Advise the County Commission on matters as the governing body directs;

(8) Recommend approval or denial of conditional use permits; and

(9) Exercise any other powers that are necessary to enable it to perform its function or delegated to it by the County Commission.

(I) Required annual training. While Morgan County is considered a 4th Class County, all Planning Commissioners shall be required to complete all training as outlined within UCA § 17-27A-302(6)(b)(i) and (ii) Planning Commission Powers and Duties - Training Requirements.

(1) One hour of annual training on general powers and duties with County Attorney and Zoning Administrator.

(2) Three hours of annual training on land use, which may include:

(a) Appeals and variances;

(b) Conditional use permits;

(d) Impact fees;

(e) Vested rights;

(f) Subdivision regulations and improvement guarantees;

(g) Land use referenda;

(h) Property rights;

(i) Real estate procedures and financing;

(j) Zoning (form-based and use-based); and

(k) Drafting ordinances and code that complies with state statute.

(Prior Code, § 8-3-9) (Ord. 10-17, passed 12-14-2010; Ord. 16-03, passed 7-5-2016; Ord. 17-21, passed 4-4-2017; Ord. 24-07, passed 3-19-2024; Ord. 24-13, passed 5-21-2024)

§ 155.029 GENERAL PLAN.

(A) Purpose.

(1) The governing body and the Planning Commission shall prepare and adopt a Comprehensive General Plan for:

(a) The present and future needs of the county; and

(b) The growth and development of the land within the county or any part of the county.

(2) The plan may provide for:

(a) Health, general welfare, safety, energy conservation, transportation, prosperity, civic activities and recreation, educational and cultural opportunities;

(b) The reduction of waste of physical, financial or human resources that result from either excessive congestion or excessive scattering of population;

(c) The efficient and economical use, conservation and production of the supply of food and water, and of drainage, sanitary and other facilities and resources;

(d) The use of energy conservation and solar and renewable energy resources;

(e) The protection of environmental values and open spaces; and

(f) The protection of urban development.

(3) The governing body and the Planning Commission may determine the comprehensiveness, extent and format of the General Plan.

(B) Plan preparation.

(1) The Planning Commission shall make and recommend to the governing body a proposed General Plan for the area within the county.

(a) The plan may include planning for incorporated areas if, in the Planning Commission’s judgment, they are related to the planning of the unincorporated territory or of the county as a whole.

(b) Elements of the county plan that address incorporated areas are not an official plan or part of a municipal plan for any municipality, unless it is adopted by the municipal Planning Commission and the governing body of the municipality.

(2) The General Plan, with accompanying maps, plats, charts and descriptive and explanatory matter, shall show the Planning Commission’s recommendations for the development of the territory covered by the plan, and may include, among other things:

(a) A land use element that:

1. Designates the proposed general distribution and location and extent of uses of land for housing, business, industry, agriculture, recreation, education, public buildings and grounds, open space and other categories of public and private uses of land as appropriate; and

2. May include a statement of the standards of population density and building intensity recommended for the various land use categories covered by the plan.

(b) A transportation and circulation element consisting of the general location and extent of existing and proposed freeways, arterial and collector streets, mass transit and any other modes of transportation that are appropriate, all correlated with the land use element of the plan;

1. The protection, conservation, development and use of natural resources, including forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals and other natural resources; and

2. The reclamation of land, flood control, prevention and control of the pollution of streams and other waters, regulation of the use of land on hillsides, stream channels and other environmentally sensitive areas, the prevention, control and correction of the erosion of soils, protection of watersheds and wetlands and the mapping of known geologic hazards.

(d) A public services and facilities element showing general plans for sewage, waste disposal, drainage, local utilities, rights-of-way, easements, facilities for them, police and fire protection and other public services;

(e) A rehabilitation, redevelopment and conservation element consisting of plans and programs for the elimination of blight and for redevelopment, including housing sites, business and industrial sites and public building sites;

(f) An economic element composed of appropriate studies and an economic development plan that may include review of county revenue and expenditures, revenue sources, identification of base and residentiary industry, primary and secondary market areas, employment and retail sales activity;

(g) Recommendations for implementing the plan, including the use of zoning ordinances, subdivision ordinances, capital improvement plans and other appropriate actions; and

(h) Any other elements that the governing body and the Planning Commission considers appropriate.

(3) The Planning Commission should do an internal review of the General Plan at least once every five years and recommend changes, if any, for adoption to the governing body in the form of plan revisions or amendments.

(1) After completing a proposed General Plan for all or part of the area within the county, the Planning Commission shall schedule and hold a public hearing on the proposed plan. After the public hearing, the Planning Commission may make changes to the proposed General Plan.

(2) The Planning Commission shall then forward the proposed General Plan to the governing body.

(3) The governing body shall hold a public hearing on the proposed General Plan recommended to it by the Planning Commission. The governing body shall publish notice of the time, place and purpose of the public hearing in a newspaper of general circulation in the county at least ten days before the hearing at which the proposed General Plan is to be considered and public comment heard.

(4) After the public hearing, the governing body may make any modifications to the proposed General Plan that it considers appropriate.

(5) The governing body may:

(a) Adopt the proposed General Plan without amendment;

(b) Amend the proposed General Plan and adopt or reject it as amended; or

(6) The General Plan is an advisory guide for land use decisions.

(D) Amendment of plan. The governing body may amend the General Plan by following the procedures required by division (C) above.

(E) Effect of plan on public uses. After the governing body has adopted a General Plan or any amendments to the General Plan, no street, park or other public way, ground, place or space, no publicly-owned building or structure and utility, whether publicly- or privately-owned, may be constructed or authorized until and unless:

(1) It conforms to the plan; or

(2) It has been considered by the Planning Commission and, after receiving the advice of the Planning Commission, approved by the governing body as an amendment to the General Plan.

(Prior Code, § 8-3-10)

§ 155.030 APPEAL AUTHORITY; APPEALS AND VARIANCE HEARING OFFICER.

(A) Appointment. The appeals and variance hearing officer shall be appointed as the county appeals authority as follows.

(1) The appeals and variance hearing officer shall be appointed by the County Commission.

(2) The appeals and variance hearing officer shall be appointed for a term of one year and thereafter may be appointed for succeeding one-year terms.

(3) The appeals and variance hearing officer shall, as a minimum, have such training and experience as will qualify him or her to conduct administrative or quasi-judicial hearings regarding land use, land development and regulatory codes dealing with issues related to land use.

(4) The County Commission may remove the appeals and variance hearing officer for cause upon receipt of written charges filed against the appeals and variance hearing officer with the County Commission. The County Commission shall provide the appeals and variance hearing officer with a public hearing if one is requested.

(5) In the case of death, resignation, removal or disqualification, the position of appeals and variance hearing officer shall be promptly filled by a replacement appointed by the County Commission for the unexpired term of the previous appeals and variance hearing officer.

(6) The appeals and variance hearing officer shall be considered an independent contractor; and as such will enter into a year-long contract for services at the beginning of each appointed term. Terms for compensation and reimbursement will be determined and agreed upon in the aforementioned contract. The terms and conditions of the contract shall ultimately be approved by the County Commission prior to any individual entering into an agreement with the county to serve as the appeals and variance hearing officer.

(7) The County Commission may, from time to time, appoint an appeals and variance hearing officer pro tempore on a temporary basis when necessitated by the absence, unavailability, incapacity or disqualification of the regularly appointed appeals and variance hearing officer. Each appeals and variance hearing officer pro tempore shall, as a minimum, have qualifications which are similar to the regularly appointed appeals and variance hearing officer.

(B) Organization and procedure. The appeals and variance hearing officer shall organize and exercise his or her powers and duties as follows.

(1) The appeals and variance hearing officer may adopt reasonable policies and procedures in accordance with county ordinances to govern the conduct of its meetings and hearings and for any other purposes considered necessary for the functioning of the position of appeals and variance hearing officer. Such policies and procedures shall be approved by the County Commission before taking effect.

(2) The appeals and variance hearing officer shall hold meetings as needed to consider matters within its purview under this chapter. The appeals and variance hearing officer meeting shall be held at such times and dates as deemed necessary by the appeals and variance hearing officer. All meetings and hearings shall be properly noticed and held in accordance with the Open and Public Meetings Act set forth in UCA §§ 52-4-1 et seq., as amended. Written minutes of all meetings of the appeals and variance hearing officer shall be prepared and filed in the office of the County Clerk for review and access by the public. All records of the meetings shall be subject to the provisions of the Government Records Access Management Act, UCA §§ 63G-2-101 et seq., as amended.

(3) The decision of the appeals and variance hearing officer takes effect on the date when the appeals and variance hearing officer issues a written decision.

(C) Powers and duties. The powers and duties of the appeals and variance hearing officer shall be limited to the matters set forth below. Each of such powers and duties shall be exercised pursuant to the procedural and other provisions of this chapter:

(1) Hear and decide appeals from administrative decisions applying the provisions of this chapter where not otherwise specifically designated;

(2) Hear and decide variances from the terms of this chapter;

(3) Hear appeals related to determinations made regarding the existence, expansion or modification of nonconforming uses; and

(4) Hear appeals regarding the interpretation of the zoning maps and disputed questions on lot lines, district boundary lines or similar questions as they arise in the administration of the zoning regulations only after a written decision has been made by the land use authority.

(D) Appeals. Appeals to the appeals and variance hearing officer shall be filed in writing with the Zoning Administrator within 30 days from the date of the decision or action appealed. The officer or department from whom the appeal is taken shall forthwith transmit to the appeals and variance hearing officer all papers constituting the record upon which the action appealed was taken. Appeals shall only be accepted in which final action of the land use authority has been made, as evidenced by issuance of a permit or other final written action. The Zoning Administrator shall determine the completeness of the appeal and shall reject any appeal filed without the required fee or submitted after the 30-day deadline has expired.

(1) The appeals and variance hearing officer shall determine the correctness of a decision of the land use authority in its interpretation and application of this chapter. Only those decisions in which a land use authority has applied this chapter to a particular application, person or parcel may be appealed to the appeals and variance hearing officer. No person may challenge a legislative decision by a land use authority to the appeals and variance hearing officer, including land use ordinance amendment, General Plan amendment or interpretation or zoning map amendment.

(2) In reviewing a decision of a land use authority, the appeals and variance hearing officer must affirm that decision, unless it is found that a decision interpreting or applying this chapter was arbitrary, capricious or illegal. An appeal is not subject to de novo review.

(3) In exercising his or her powers, the appeals and variance hearing officer may reverse or affirm, in whole or in part, or modify an order, decision or determination, to make such order, decision or determination, consistent with county ordinances and other applicable laws.

(4) Appeals may not be used to waive or modify the terms or requirements of this chapter.

(E) Decisions of the appeals and variance hearing officer. At the hearing of any matter, the parties affected may appear in person with or without an attorney. The appeals and variance hearing officer shall decide all appeals and other issues brought before it within a reasonable time.

(F) Stay of proceedings. An appeal to the appeals and variance hearing officer shall not stay proceedings taken in furtherance of the action appealed from unless such proceedings are specifically stayed by order of the Zoning Administrator. An appellant may request a stay by submitting to the Zoning Administrator, in writing, an application for a stay setting forth the reasons why a stay is necessary to protect against imminent harm. In determining whether or not to grant a stay, the Zoning Administrator shall ensure that all potentially affected parties are given the opportunity to comment on the request. A ruling on the request for a stay shall be given within five days from the date the request is received by the Zoning Administrator. The Zoning Administrator, in granting a stay, may impose additional conditions to mitigate any potential harm that may be caused by the stay, including requiring the appellant to post a cash escrow financial guarantee. Within ten days of the Zoning Administrator’s decision regarding the grant or denial of a stay, any aggrieved party may appeal the decision to the appeals and variance hearing officer, whose decision will be final.

(G) Appeals from the appeals and variance hearing officer. Any person aggrieved by a final decision of the appeals and variance hearing officer may have and maintain a plenary action for relief therefrom in any court of competent jurisdiction, provided that the petition for such relief is presented to the court within 30 days from the date of the decision of the appeals and variance hearing officer.

(H) Variances.

(1) Any person or entity desiring a waiver or modification of the requirements of this chapter as applied to a parcel of property that he or she owns, leases or in which he or she holds some other beneficial interest, may apply to the appeals and variance hearing officer for a variance from the terms of this chapter.

(2) The appeals and variance hearing officer may grant a variance if:

(a) 1. Literal enforcement of this chapter would cause a hardship for the applicant that is not necessary to carry out the general purpose of this chapter;

2. There are special circumstances attached to the property that do not generally apply to other properties in the same zone;

3. Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone;

4. The variance will not substantially affect the General Plan and will not be contrary to the public interest; and

5. The spirit of this chapter is observed, and substantial justice done.

(b) In determining whether or not enforcement of this chapter would cause unreasonable hardship under division (H)(2)(a)1. above, the appeals and variance hearing officer may not find an unreasonable hardship unless:

1. a. The alleged hardship is located on or associated with property for which the variance is sought; and

b. The alleged hardship comes from circumstances peculiar to the property, not from conditions that are general in the neighborhood.

2. In determining whether or not enforcement of this chapter would cause unreasonable hardship under division (H)(2)(a)1. above, the appeals and variance hearing officer may not find an unreasonable hardship if the hardship is self-imposed or economic.

(c) In determining whether or not there are special circumstances attached to the property under division (H)(2)(a)2. above, the appeals and variance hearing officer may find that special circumstances exist only if the special circumstances:

1. Relate to the hardship complained of; and

2. Deprive the property of privileges granted to other properties in the same zone.

(3) The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met.

(4) Variances run with the land.

(5) The appeals and variance hearing officer may not grant use variances.

(6) In granting a variance, the appeals and variance hearing officer may impose additional requirements on the applicant that will:

(a) Mitigate any harmful effects of the variance; or

(b) Serve the purpose of the standard or requirement that is waived or modified.

(I) District court review of appeals and variance hearing officer decision.

(1) Any person adversely affected by any decision of the appeals and variance hearing officer may petition the district court for a review of the decision in accordance with UCA §§ 17-27a-801 et seq., as amended.

(2) In the petition, the plaintiff may only allege that the appeals and variance hearing officer’s decision was arbitrary, capricious or illegal.

(3) The petition is barred unless it is filed within 30 days after the appeals and variance hearing officer’s decision is final. As a condition precedent to judicial review, each adversely affected person shall timely and specifically challenge the land use authority’s decision, in accordance with this chapter.

(4) The appeals and variance hearing officer shall transmit to the reviewing court the record of its proceedings, including its minutes, findings, orders and, if available, a true and correct transcript of its proceedings. If the proceeding was tape recorded, a transcript of that tape recording is a true and correct transcript for purposes of this division (I)(4).

(5) If there is a record, the district court’s review is limited to the record provided by the appeals and variance hearing officer. The court may not accept or consider any evidence outside the appeals and variance hearing officer’s record unless that evidence was offered to the appeals and variance hearing officer and the court determines that it was improperly excluded.

(6) If there is no record, the court may call witnesses and take evidence.

(7) The court shall affirm the decision of the appeals and variance hearing officer if the decision is supported by substantial evidence in the record.

(8) The filing of a petition does not stay the decision of the appeals and variance hearing officer. Before filing the petition, the aggrieved party may petition the appeals and variance hearing officer to stay its decision. Upon receipt of a petition to stay, the appeals and variance hearing officer may order its decision stayed pending district court review if the appeals and variance hearing officer finds it to be in the best interest of the county. After the petition is filed, the petitioner may seek an injunction staying the appeals and variance hearing officer’s decision.

(J) Ex parte contact.

(1) Ex parte contact between the appeals and variance hearing officer and opposing parties involved in litigation with the county involving land use issues shall be prohibited. The appeals and variance hearing officer shall not participate in site or office visits, electronic communication, written communication or verbal conversation, either face to face or over the telephone, with any individual or any representative of a company or entity involved in legal proceedings with the county involving land use issues. This prohibition shall include plaintiffs who have filed suit against the county, claimants who have served a notice of claim on the county and defendants in actions filed by the county, such as those in violation of provisions of this chapter.

(2) The appeals and variance hearing officer shall be restricted from ex parte contact, including site or office visits, electronic communication, written communication and verbal conversation, either face to face or over the telephone, with any individual or representative of a company or entity when such interaction involves a request for hearings, variances or appeals of administrative decisions. This restriction on ex parte contact applies to all variances, appeals of administrative decisions or special exceptions, after an application for such is filed with the Zoning Administrator, while the application is under review by the appeals and variance hearing officer or while the application is under appeal, if an appeal is filed. The appeals and variance hearing officer shall not participate in ex parte contact with individuals or representatives of a company or entity opposed to a request for a hearing, variance or appeal of administrative decision.

(3) Receipt of written information regarding an active request for a hearing, variance, appeal of administrative decision or special exception shall be permitted, provided such written information is disclosed at the next meeting of the appeals and variance hearing officer where the matter is being heard and submitted as a part of the record of that meeting.

(Prior Code, § 8-3-11) (Ord. 11-03, passed 3-1-2011) Penalty, see § 155.999

§ 155.031 PUBLIC HEARINGS, PUBLIC COMMENT AND PUBLIC MEETINGS.

Any public hearing, public comment item or meeting required under this chapter shall be scheduled and held subject to the requirements of this section.

(A) Scheduling a public hearing, public comment item or public meeting. An application requiring a public hearing, public comment or public meeting shall be scheduled within a reasonable time in light of:

(1) The complexity of the application submitted;

(2) The number of other applications received which require a public hearing or public comment;

(3) Available staff resources; and

(4) Applicable public notice requirements.

(B) Public hearing and public comment procedures. The following procedures shall apply to a public hearing or public comment items.

(1) Any person may appear at a public hearing or an agendized public comment item and submit evidence, either individually or as the agent of a person or an organization. Each person who appears at a public hearing or agendized public comment item shall state his or her name and, if appearing on behalf of a person or an organization, state the name of the person or organization being represented.

(2) The land use authority, body or official conducting a public hearing or agendized public comment item may exclude testimony or evidence that it finds to be unduly repetitious or otherwise irrelevant.

(3) The land use authority, body or official conducting a public hearing or agendized public comment item may, upon the body’s or official’s own motion, postpone the hearing or public comment item. An applicant may request and shall be granted one postponement if requested 48 hours prior to a noticed meeting. Thereafter, any postponement shall be granted at the discretion of the body or official conducting the public hearing or agendized public comment item.

(C) Withdrawal of application. An applicant may withdraw an application at any time prior to action on the application by the land use authority, decision-making body or official. Application fees shall not be refundable if prior to withdrawal:

(1) A staff review of the application has been undertaken; or

(2) Notice for a public hearing, public comment item or meeting on the application has been mailed, posted or published.

(D) Record of public hearing or public meeting. Except where required otherwise by statute, the land use authority, body or official conducting the public hearing or meeting shall record the proceedings thereof by any appropriate means. A copy of the public hearing or public meeting record may be acquired upon request and payment of a fee to cover the cost of duplication of the record. The minutes, recordings, all applications, exhibits, papers and reports submitted in any proceeding before the decision-making body or official, and the decision of the decision-making body or official shall constitute the record thereof. The record shall be made available for public examination, pursuant to applicable provisions of the state’s Government Records Access and Management Act, UCA § 63G-2, as amended.

(E) General requirements for findings and decisions. Action shall be taken in compliance with any time limits established in this chapter. Except for the County Commission, whose decision shall be made by motion or ordinance, all final decisions shall be in writing and shall include at least the following elements:

(1) A summary of evidence presented to the decision-making body or official;

(2) A statement of applicable development standards;

(3) A statement of findings of fact or other factors considered, including the basis upon which such facts were determined and specific references to applicable standards set forth in this chapter or other titles of this code; and

(4) A statement of approval, approval with conditions or disapproval, as the case may be.

(F) Notification. Notice of a decision by the land use authority, decision-making body or official shall be provided to an applicant within a reasonable time.

(Prior Code, § 8-3-12) (Ord. 12-04, passed 5-1-2012; Ord. 18-07, passed 11-13-2018)

§ 155.032 NOTICING.

Required notice of public meetings and public hearings for land use applications and ordinances shall include and comply with the following provisions.

(A) Mailing list and labels.

(1) The applicant for a site-specific land use application which requires a public hearing shall provide the Planning and Development Services Department with an approved list of all owners of real property located within 1,000 feet of the boundary of the subject property parcel, as shown on the official records of the County Recorder.

(2) The applicant shall pay to the county a fee in the amount of the actual costs incurred by the county in providing the notice and shall bear sole responsibility to ensure the accuracy of the property owner list.

(B) Applicant notification. For all land use applications, the county shall be required to give notice to the applicant of the date, time and place of each public hearing and public meeting to consider the application, and of any final action on a pending application. The county shall also provide to each applicant a copy of each staff report regarding the applicant or the pending application at least three business days before the public hearing or public meeting and notify the applicant of any final action on a pending application.

(C) Notice to third parties. For site-specific land use applications which require a public hearing, the county shall mail notice to the record owner of each parcel within a 1,000-foot radius of the subject property, and the applicant shall post a sign on the property according to the following regulations.

(1) The applicant shall post a county-provided sign along each street on which the subject property has frontage. If the subject property does not abut a street, then the sign should be posted on a nearby street as determined by the Zoning Administrator. Sign shall be of sufficient size, durability, print quality and location that it is reasonably calculated to give notice to those passing by. It shall be the responsibility of the applicant to remove and dispose of the sign(s) within five calendar days after the final hearing or meeting regarding the application. Third-party property owners who live within the 1,000-foot radius but outside of the county boundaries shall be sent notice equivalent to that sent to property owners within the county.

(2) The applicant shall submit a signed affidavit of public posting.

(3) The affidavit shall include a photograph verifying that the sign has been installed, at least ten days prior to the required public hearing or meeting.

(4) Failure to post the public notice sign and provide the required verification at least ten days prior to the required public hearing will cause a delay in the processing of the application, to allow for the required public hearing notice.

(5) If the sign is destroyed or damaged the applicant shall replace the sign within 12 hours upon being notified.

(D) General plan adoption or amendment. The county shall provide advance notice of the date, time and place for public hearings and meetings regarding a General Plan adoption or amendment as follows.

(1) The county shall provide notice of the first public hearing to consider the adoption or modification of all or any portion of the General Plan at least ten calendar days before the public hearing. Notice shall be:

(a) Published on the state’s public notice website created in the state code;

(b) Mailed to each affected entity; and

(2) The county shall publish in a newspaper of general circulation in the area at least three calendar days before the public hearing.

(3) The county shall provide notice of each public meeting regarding the adoption or modification of all or any part of the General Plan at least 24 hours before the meeting. Notice shall be:

(a) Submitted to a newspaper of general circulation in the area and published on the state’s public notice website created in the state code; and

(b) Posted in at least three public locations within the county or on the county’s official website.

(E) Adoption or amendment of land use ordinance or zoning map. The county shall provide notice of the date, time and place for public hearings and meetings regarding a Land Use Ordinance or zoning map adoption or modification as follows:

(1) The county shall provide notice of the first public hearing to consider the adoption or any modification of a Land Use Ordinance or zoning map. Notice shall be:

(a) Mailed to each affected entity at least ten calendar days before the public hearing;

(b) Posted in at least three public locations within the county or on the county’s official website; and

(c) Published in a newspaper of general circulation in the area at least three days before the public hearing and on the state’s public notice website at least ten days before the public hearing or in lieu of the previous two requirements mailed at least ten days before the public hearing to each property owner whose land is directly affected by the Land Use Ordinance change and each adjacent property owner within 1,000 feet of a specific Land Use Ordinance amendment application boundary.

(2) The county shall provide notice of each public meeting regarding the adoption or modification of a Land Use Ordinance or zoning map at least 24 hours before the meeting. Notice shall be posted in at least three public locations within the county or on the county’s website.

(F) Subdivision plat. The county shall provide advance notice of the date, time and place for public meetings regarding a proposed subdivision as follows:

(1) The county shall mail notice of the first public meeting to consider a proposed subdivision not less than ten calendar days before the first public meeting addressed to the record owner of each parcel within 1,000 feet of the subject property; and

(2) Not less than ten calendar days before the first public meeting, the applicant shall post on the property one county provided sign on a street on which the subject property has frontage. If the subject property does not abut a street, then the sign shall be posted on a nearby street as determined by the Zoning Administrator. The sign shall be of sufficient size, durability, print quality and location that it is reasonably calculated to give notice to those passing by.

(G) Subdivision plat amendments.

(1) The county shall provide advance notice of the date, time and place for at least one public meeting regarding a proposed subdivision plat amendment as follows:

(a) The county shall mail notice of the first public meeting and any required public hearings to consider a proposed subdivision plat amendment not less than ten calendar days before the first public meeting addressed to the record owner of each parcel within 1,000 feet of the subject property; or

(b) Not less than ten calendar days before the first public meeting and any required public hearings, the applicant shall post on the property one county provided sign on a street on which the subject property has frontage. If the subject property does not abut a street, then the sign shall be posted on a nearby street as determined by the Zoning Administrator. The sign shall be of sufficient size, durability, print quality and location that it is reasonably calculated to give notice to those passing by.

(2) For a subdivision that involves a vacation, alteration or amendment of a street, notice shall also be provided as required by division (H) below.

(H) Proposals to vacate or amend a public street, right-of-way or easement. For any proposal to vacate some or all of a public street, right-of-way or easement, the County Commission shall hold a public hearing, after receiving a recommendation from the Planning Commission, and give notice of the date, place and time of the hearing at least ten days before the public hearing. Notice shall be:

(1) Mailed to the record owner of each parcel that is adjacent to, accessed by or within 300 feet of the public street, right-of-way or easement;

(2) Mailed to each affected entity;

(3) Posted on or near the street, right-of-way or easement at least one county provided sign in a manner that is calculated to alert the public. The sign shall be of sufficient size, durability, print quality and location that it is reasonably calculated to give notice to those passing by;

(4) Published on the state’s public notice website created in UCA § 63A-16-601; and

(5) Published in a newspaper of general circulation in the county in which the land subject to the petition is located at least three days before the public hearing.

(I) Challenge of notice. If notice given under authority of this section is not challenged in accordance with applicable appeal procedures within 30 days after the meeting or action for which notice was given, the notice shall be deemed adequate and proper.

(Prior Code, § 8-3-13) (Ord. 10-16, passed 12-14-2010; Ord. 12-04, passed 5-1-2012; Ord. 13-03, passed 4-16-2013; Ord. 17-10, passed 2-7-2017; Ord. 18-07, passed 11-13-2018; Ord. 17-11, passed 2-7-2017; Ord. 21-09, passed 7-6-2021)