Myton City Zoning Code

ADMINISTRATION

§ 153.020 DECISION MAKING AND ADMINISTRATIVE BODIES.

The decision making bodies and officials identified within this chapter shall have responsibilities for implementing and administering the general plan, this chapter and other ordinances, as allowed by state law, and as contained in UCA Title 10, Chapter 9a, as amended.

(Prior Code, § 10-2-1) (Ord. passed 8-10-2006)

§ 153.021 CITY COUNCIL.

(A) Powers and duties. The City Council shall have the following powers and duties under this chapter to:

(1) Adopt and to initiate amendments to the general plan, and all elements of the general plan;

(2) Adopt and to initiate amendments to this chapter and/or zoning map;

(3) Approve, approve with conditions, or deny all conditional use applications;

(4) Establish a fee schedule by resolution for all approvals, permits and licenses required by this chapter;

(5) Solicit the state property rights ombudsman to conduct a hearing and a recommendation to the City Council if an applicant asserts a deprivation of, or has been subject to, a taking of property without just compensation, or asserts some other constitutional invalidity, as provided herein; and

(6) Take other action not expressly delegated to the Planning Commission, appeal authority or Mayor.

(B) Effect of decisions; records maintained. All decisions of the City Council made under this chapter, shall take effect on the date of the meeting when the decision is made, unless a different date is established at the time the decision is made. The minutes of all meetings of the City Council shall be filed in the city office. All such records shall be available for public review and access in accordance with the Government Records and Access Management Act, UCA §§ 63A-2-101 et seq., as amended.

(Prior Code, § 10-2-2) (Ord. passed 8-10-2006)

§ 153.022 PLANNING COMMISSION.

(A) Created; authority; appointment. There is hereby created and established a Planning Commission. The Planning Commission shall be an advisory body to the City Council on legislative matters pertaining to the general plan, and this chapter. Members of the Planning Commission shall be appointed by the Mayor, with advice and consent of the City Council.

(B) Powers and duties. The Planning Commission shall have the following powers and duties to:

(1) Prepare, or cause to be prepared, the proposed general plan, any proposed plan element, any amendments thereto, and to submit the proposed plan, element or amendments to the City Council;

(2) Prepare, or cause to be prepared, the proposed land use ordinance, any amendments thereto, and to submit the ordinance or amendments thereto to the City Council;

(3) Hear, review and recommend approval or denial of all applications for a general plan amendment, zoning ordinance text amendment or zoning districts map amendment (rezone);

(4) Hear, review and recommend approval, approval with conditions, or denial of a conditional use application, to the City Council;

(5) Hear, review and recommend approval or denial of subdivision applications to the City Council, as authorized by this chapter;

(6) Adopt bylaws, policies and procedures for the conduct of the duties and meetings of the Planning Commission, for the consideration of applications and for any other purposes deemed necessary by the Planning Commission; provided, that such bylaws, policies and procedures shall be consistent with all requirements of this chapter, which bylaws, policies and procedures shall first be approved by the City Council before taking effect;

(7) Advise the City Council on all other matters as the Council may direct; and

(8) Solicit the state property rights ombudsman to provide an advisory opinion on any land use application.

(1) The Planning Commission shall consist of at least three members;

(2) The members of the Planning Commission shall be residents of the city;

(3) The Mayor, with advice and consent of the City Council, may remove any member of the Planning Commission for a violation of this chapter, or any policies or procedures adopted by the Planning Commission, following receipt of a written complaint from another Planning Commission member or City Council member filed against the Commission member;

(4) Members of the Planning Commission may be compensated on a per diem basis, based upon meetings actually attended and reasonable and necessary expenses, as determined by the City Council;

(5) All members of the Planning Commission shall serve a term of four years. No member shall serve more than three consecutive terms. Terms shall begin on the first Monday in February of each calendar year. Members’ terms are to be staggered so that not more than one term shall expire each year;

(6) At an annual organizational meeting to be held the first regular meeting in the new calendar year, and at other times as required, the members of the Planning Commission shall recommend one of their members as Chair and one of their members as Vice Chair to the City Council. The Chair and Vice Chair shall serve a term of one year. In the absence of the Chair, the Vice Chair shall act as Chair and shall have all powers of the Chair; and

(7) Planning Commission vacancies occurring for any reason shall be filled by appointment by the Mayor with advice and consent of the City Council. Vacancies of the Planning Commission occurring in ways other than through the expiration of terms shall be filled for the remainder of the unexpired term.

(D) Records maintained. The Mayor shall assign the City Recorder to act as the recording secretary to serve the Planning Commission. The recording secretary shall keep the minutes of all proceedings of the Planning Commission, which minutes shall be the official record of all proceedings before the Planning Commission. All such records shall be available for public review and access in accordance with the Government Records and Access Management Act, being UCA §§ 63G-2-101 et seq.

(E) Conduct of meetings. No meeting of the Planning Commission shall be called to order, nor may any business be transacted without a quorum consisting of three members of the Planning Commission being present. To ensure a quorum is present, the City Council liaison to the Planning Commission may be called by the Chair to assist the Planning Commission in having three members present by serving, for that meeting, as a voting ad hoc member of the Commission. The Planning Commission shall transmit reports of its recommendations and decisions to the City Council. Any member of the Planning Commission may also make a concurring or dissenting report or recommendation to the City Council.

(F) Meeting schedule, hearings and procedures.

(1) The Planning Commission shall establish a quarterly meeting schedule;

(2) Special meetings may be requested by a majority of the Planning Commission, or by the Chair; and

(3) When a matter is postponed due to lack of a quorum, the matter shall be rescheduled to the next available Planning Commission meeting. The recording secretary shall notify all members of the Planning Commission of the date when the rescheduled matter will be heard by the Planning Commission.

(Prior Code, § 10-2-3) (Ord. passed 8-10-2006)

§ 153.023 APPEAL AUTHORITY AND VARIANCES.

(A) Created. There is hereby created and established an appeal authority, which shall be known as the Administrative Hearing Officer.

(B) Powers and duties. The Administrative Hearing Officer shall hear and decide:

(1) Variances from the terms of this chapter, with a finding of unreasonable hardship, as required by UCA Title 10, Chapter 9a, as amended;

(2) Render decisions on determination of nonconforming uses and noncomplying structures;

(3) Requests for the issuance of a building permit authorizing the reconstruction, remodeling, expansion or enlargement of a noncomplying building or structure;

(4) Hold hearings on appeals of code enforcement actions; and

(5) Meet on an as needed basis.

(C) Matters not considered. The Administrative Hearing Officer shall have no power, jurisdiction or authority to consider any of the following:

(1) Any variances or waivers to any of the standards governing the approval of a general plan amendment application, zoning ordinance amendment application, zoning districts map amendment application, subdivision ordinance amendment application, or any other approval, permit or license;

(2) Amendments to the general plan, any element or map thereof, or any provision, requirement or map of this chapter, or any provision or requirement of the subdivision ordinance;

(3) Make any decisions or determinations that would have the effect of authorizing a use, which is not identified in the table of uses located in § 153.155; and

(4) Variances of unreasonable hardship if the hardship is self-imposed or economic.

(D) Appointment, removal and terms.

(1) The Administrative Hearing Officer (AHO) shall be contracted with by the Mayor, with advice and consent of the City Council. The AHO shall be appointed for a three-year term, unless terminated earlier as set out herein, and may be reappointed for subsequent terms.

(2) The Administrative Hearing Officer should be law trained and knowledgeable in civil code enforcement and due process.

(3) The Administrative Hearing Officer is a contract position, and is not entitled to any of the benefits that the city provides for city employees.

(4) The Mayor, with the advice and consent of the City Council, may terminate the Administrative Hearing Officer’s contract by written notice for violation of this chapter.

(5) The Mayor shall assign a staff person to act as the recording secretary to serve the Administrative Hearing Officer. The recording secretary shall keep the minutes of all proceedings of the hearing, which minutes shall be the official record of all proceedings before the Hearing Officer. The minutes of all hearings of the Administrative Hearing Officer shall be filed in the city office. All such records shall be available for public review and access in accordance with the Government Records and Access Management Act, UCA §§ 63A-2-101 et seq., as amended.

(6) All decisions of the Administrative Hearing Officer shall be final and shall take effect on the date of the meeting when the decision is made, unless a different date is designated at the time the decision is made.

(Prior Code, § 10-2-4) (Ord. passed 8-10-2006)

§ 153.024 ZONING ADMINISTRATOR.

(A) Designated. The Mayor, with advice and consent of the City Council, may designate a person to carry out the administrative responsibilities of this chapter. The person so designated is referred to herein as the “Zoning Administrator” (ZA).

(B) Responsibilities, powers and duties.

(1) It is the responsibility of the Zoning Administrator to ensure all administrative processes, procedures and other provisions of this chapter are consistently and equitably applied.

(2) The Zoning Administrator shall have the following powers and duties:

(a) Render final administrative decisions and interpretations of this chapter;

(b) Provide a determination of all permitted, conditional and temporary uses;

(c) Approve, approve with revisions, or deny all site plan applications to establish a permitted use proposing to occupy an existing building, or proposing to modify the interior of an existing building; and

(d) Approve, approve with revisions, or deny a temporary use application.

(Prior Code, § 10-2-5) (Ord. passed 8-10-2006)

§ 153.025 STAFF SUPPORT.

The city staff shall provide support and assistance to the City Council, Planning Commission, Administrative Hearing Officer and Zoning Administrator, as required, to effectively implement the general plan and this chapter.

(Prior Code, § 10-2-6) (Ord. passed 8-10-2006)

§ 153.026 RELIEF FROM PERSONAL LIABILITY.

(A) The Zoning Administrator, any member of the Planning Commission or the Administrative Hearing Officer, the County/City Building Inspector, or city staff who acts in good faith and without malice in the discharge of their duties within the official capacity provided in this chapter, is relieved of all personal liability for any damage that may accrue to persons or property as a result of such acts or alleged failure to act.

(B) Further, the official shall not be held liable for any costs in any action, suit or proceedings that may be instituted by the official in the enforcement of this chapter.

(Prior Code, § 10-2-7) (Ord. passed 8-10-2006)

§ 153.027 MEETINGS AND PUBLIC HEARINGS.

All meetings and hearings of the City Council, Planning Commission and Administrative Hearing Officer required by this chapter shall comply with the provisions of this chapter for such meetings and hearings, and the requirements of Utah Code Annotated, as amended, for open and public meetings.

(Prior Code, § 10-2-8) (Ord. passed 8-10-2006)