Myton City Zoning Code
GENERAL PROVISIONS
§ 153.001 SHORT TITLE.
This chapter shall be known and may be referred to as the “Myton City Land Use Ordinance”. This chapter may, in subsequent sections, be referred to as “ordinance”, “the ordinance”, “this ordinance”, “this chapter”, “zoning ordinance” or “subdivision ordinance”.
(Prior Code, § 10-1-1) (Ord. passed 8-10-2006)
§ 153.002 PURPOSE.
This chapter is provided to implement the goals and policies of the city general plan. This chapter provides reasonable consideration, among other things, as to the character of the city, neighborhoods and other areas of the city regarding the suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate uses of land throughout the city. This chapter also contains standards, provisions and requirements intended to protect the health, safety and welfare of the citizens and businesses of the city.
(Prior Code, § 10-1-2) (Ord. passed 8-10-2006)
§ 153.003 AUTHORITY AND JURISDICTION.
The City Council adopts this chapter pursuant to the Municipal Land Use Development and Management Act, and as provided in UCA Title 10, Chapter 9a, as amended, and all other authorities and provisions of state and federal statutory and common law, as applicable. These regulations shall apply to all land and all land uses within the municipal boundaries of the city, exempting properties owned and operated by the state or the federal government; properties held in trust for the Ute Indian tribe; and school districts to the extent provided by UCA § 10-9a-305.
(Prior Code, § 10-1-3) (Ord. passed 8-10-2006)
§ 153.004 PUBLIC NOTICE REQUIREMENTS.
For all actions of the city requiring public hearings, the city shall provide public notice and shall demonstrate that such public notice conforms to the following requirements:
(A) General plan. Required notice of public hearings to consider general plan or general plan amendment applications:
(1) Notice of the hearing shall be published in a newspaper of general circulation within the area at least ten calendar days in advance of the hearing;
(2) Posted in at least three public locations within the city; or on the city’s official website;
(3) Written notice shall be sent, via first class mail, to each affected entity, i.e., special service districts, school districts, utility companies and the like; and
(4) Provide notice to the applicant.
(B) Land use ordinances; zoning map. Required notice of public hearings by the Administrative Hearing Officer or on adoption or modification of land use ordinances and/or zoning map:
(1) Notice of the hearing shall be published in a newspaper of general circulation within the area at least ten calendar days in advance of the hearing;
(2) Posted in at least three public locations within the city; or on the city’s official website;
(3) Written notice shall be sent, via first class mail, to each affected entity; and
(4) Notice shall be sent, via first class mail, to all property owners within 300 feet of the property in question at least ten days in advance of the hearing.
(C) Public meetings. Required notice of the date, time and place of public meetings, at least 24 hours before the meeting:
(1) Posted in at least three public locations within the city; or on the city’s official website; and
(2) Provide written notice to the applicant.
(D) Notification to applicant. For each land use application, the recording secretary for the City Council, shall notify 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 the application.
(E) Adequate and proper notice. If notice given under authority of this section, and authority of the Act, is not challenged under UCA § 10-9a-801 of the Act, within 30 days after the meetings or action for which notice is given, the notice is considered adequate and proper.
(Prior Code, § 10-1-4) (Ord. passed 8-10-2006)
§ 153.005 APPLICABILITY AND PERMIT REQUIREMENTS.
(A) Building permit, compliance required. No site preparation or building construction for any building or structure shall be commenced without first obtaining a building permit. No existing building or structure shall be moved, altered or enlarged, nor shall any land, building or premises be used, designed or intended to be used for any purpose or in any manner other than as allowed by this chapter.
(B) Processing permit applications. All applications for building permits shall be processed, reviewed and approved or denied, subject to the provisions of this chapter, by the Duchesne County/Myton City Building Inspector. No utility company shall hook up service without said building permit being issued. No vacant land shall be occupied and used, and no building hereafter erected shall be occupied or used, until a certificate of occupancy has been issued by the Duchesne County/Myton City Building Inspector.
(C) Entrance authorized. As provided by UCA § 10-9a-303, the city or Duchesne County/Myton City Building Inspector is authorized to enter upon any land at reasonable times to make examinations and surveys pertinent to the preparation of its general plan and land use ordinances, and the enforcement thereof.
(D) Authority to issue. All officials and employees with the duty or authority to issue approvals, permits or licenses required by this chapter shall require that such approvals, permits or licenses conform to the provisions of this chapter, and shall not issue any approvals, permits or licenses for uses, buildings or structures for any purpose in conflict with the provisions of this chapter. Any approval, permit or license issued in violation of this chapter shall be invalid.
(Prior Code, § 10-1-5) (Ord. passed 8-10-2006)
§ 153.006 VIOLATIONS.
(A) Unlawful. It is unlawful for any person, firm or corporation to erect, construct, reconstruct, alter, maintain, extend, repair, move, remove, demolish, occupy or use any building or structure, or to use any land, in violation of any provision of this chapter, or any amendment thereof. Any person, either as owner, lessee, occupant or otherwise, who violates any of the provisions of this chapter, or any amendment thereof, or who interferes in any manner with any person in the performance of a right of duty granted or imposed upon him or her by the provisions of this chapter, shall be guilty of a violation of this chapter.
(B) Penalty; fine. Any person in violation of this chapter who violates a provision of this chapter, or fails to comply with any of the requirements thereof, shall be guilty of a class B misdemeanor and subject to penalty as provided in § 10.99 of this code of ordinances.
(C) Additional authority. In any case where a building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this chapter or other regulation made under authority conferred hereby, the city, in addition to other remedies legally available, may institute any appropriate action or proceeding, including, but not limited to, injunction, mandamus, abatement or any other appropriate actions to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, or to prevent any illegal act, conduct, business or use in or about such premises.
(D) Establish violation necessary for injunction. The city need only establish the violation to obtain the injunction.
(Prior Code, § 10-1-6) (Ord. 020912-02, passed 2-9-2012) Penalty, see § 153.999
§ 153.007 ALTERNATE PROCEDURE FOR VIOLATIONS.
The procedure in this section may be available in addition to all other remedies available at law to the city to assure compliance with this chapter.
(A) Designation of Zoning Enforcement Official. The Mayor may designate a Zoning Enforcement Official, whose duties and authority shall include, but not be limited to:
(1) The investigation of apparent offenses under this chapter;
(2) Citation of those responsible for violations; and
(3) The initiation of necessary enforcement actions on behalf of, and in conjunction with the appropriate prosecutorial authority.
(B) Notice of violation. The Zoning Enforcement Official is authorized to serve a notice of violation or order on the person responsible for any action, building or structure in violation of the provisions of this chapter, or in violation of a permit or certificate issued under the provisions of this chapter. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. This notice shall inform the violator of the section of this chapter which the Zoning Enforcement Official believes has been violated, and shall contain an order outlining the steps necessary to bring the property or use into compliance with this chapter, and the time by which these steps must be taken. The notice shall also advise the recipient of the appeals procedure set forth in this chapter. The notice shall be served upon the owner or user personally or by certified mail, return receipt requested.
(C) Appeal. Any person who receives such a notice may appeal the Zoning Enforcement Official’s decision to the appeal authority within ten days, as provided by and subject to the limitations contained in this chapter. The failure to file or prosecute an appeal from a notice of apparent violation shall create the conclusive presumption that the uses constitute a violation of this chapter as provided in the notice.
(D) Failure to comply. The failure to comply with a “notice of apparent violation and order to comply” shall constitute a separate violation of this section. Upon such failure to comply, the Zoning Enforcement Official is authorized to request the city’s prosecutorial authority to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure then found to be existing in violation of the provisions of this chapter, or of the order or direction made pursuant thereto. The prosecutorial authority may also initiate appropriate criminal proceedings for the original alleged violation, with the offender, upon conviction, punished as provided in § 153.999.
(Prior Code, § 10-1-7) (Ord. passed 8-10-2006; Ord. 020912-02, passed 2-9-2012)
§ 153.008 INTERPRETATION.
The following shall be observed in the application and interpretation of the provisions of this chapter, except where the context clearly requires otherwise:
(A) The words “shall” or “must” are mandatory. The words “should” and “may” are permissive.
(B) Words used in the singular shall include the plural; words used in the plural shall include the singular.
(C) In the event of a conflict between the text of this chapter and any maps, or other material, the text of this chapter shall apply and control.
(Prior Code, § 10-1-8) (Ord. passed 8-10-2006)
§ 153.009 REPEALER AND EFFECT.
Upon its adoption by the City Council, this chapter shall take effect on the date of adoption, and shall repeal the existing zoning ordinance and shall govern and apply to the use of all lands lying within the municipal boundaries of the city not exempted by § 153.003. The provisions of this chapter shall be construed to carry out the purposes of this chapter and the purposes of the state enabling laws, including UCA Title 10, Chapter 9a, and avoid conflict with the laws of the United States of America, the state or any other limitations imposed by law. If any chapter, section, division, provision, sentence or clause of this chapter is declared unconstitutional by a court of competent jurisdiction, such determination shall not impair the validity of the remainder of this chapter, which shall remain in effect.
(Prior Code, § 10-1-9) (Ord. passed 8-10-2006)