Nephi City Zoning Code

There is hereby created a planning commission (which is hereby designated as the land use authority), to be composed of five (5) members. Members of the planning commission shall be appointed by the mayor, with the advice and consent of the city council. Removal of a planning commissioner from office shall follow the same procedure as appointment. Up to three (3) alternate members may be appointed to the planning commission. Alternate members may serve in the absence of a regular member of the planning commission. Not more than two (2) alternate members may serve at one time. Members of the planning commission shall serve without compensation, except that the legislative body may fix per diem and travel compensation for the members of the planning commission, based on necessary and reasonable expenses and on meetings actually attended. 

HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 09-21-2021-A, 9-21-2021

The terms of the planning commission shall be staggered. Each member of the planning commission shall serve for a term of five (5) years and until his successor is appointed; provided, that the term of the first members shall be such that the term of one member shall expire each year. Terms of members of the planning commission shall begin on or before the first Monday in February of each year. Vacancies shall be promptly filled in the same manner as the original appointment for the remainder of the unexpired term.

HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 09-21-2021-A, 9-21-2021

1. Officers; Reports: The members of the planning commission shall select from their own members a chairperson and such other officers as deemed necessary, and may adopt bylaws for their organization and for the transaction of business and the conduct of their proceedings. The chairperson shall be a voting member of the commission and shall be counted as part of the quorum. Reports of official acts and recommendations of the planning commission shall be public and made by the chairperson, in writing, to the legislative body and shall indicate how each member of the commission voted with respect to such act or recommendation. Any member of the commission may also make a concurring or dissenting report or recommendation to the legislative body.
2. Meetings: The planning commission shall meet at least monthly and at such other times as the planning commission may determine.
3. Quorum: Three (3) members of the planning commission shall constitute a quorum, and it shall require three (3) concurring votes for any matter to receive approval from the planning commission.

HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 09-21-2021-A, 9-21-2021

1. General Plan 1 :
2. It shall be the function and duty of the planning commission, after holding public hearings in accordance with Utah Code Annotated section 10-9a-205, to make and recommend to the legislative body a proposed general plan for the physical development of the city, including any areas outside of its boundaries, which, in the commission's judgment, bear relation to the planning of the city. Where the plan involves territory outside the boundaries of the city, action shall be taken with the consultation of the county or other municipal legislative body concerned. The general plan shall show the planning commission's recommendations for the physical development of the city and shall include at least the following:
3. A designation of the long-term goals and the proposed extent, general distribution, and location of land for housing for residents of various income levels, business, industry, agriculture, recreation, education, public buildings and grounds, open space, and other categories of public and private uses of land as appropriate.
4. A transportation and circulation plan. That provides the general location and extent of existing and proposed freeways, arterial and collector streets, public transit, active transportation facilities, and other modes of transportation that the planning commission considers appropriate, addresses the municipality’s plan for residential and commercial development around major transit investment corridors to maintain and improve the connections between housing, employment, education, recreation, and commerce.
5. A long range plan for long-term goals of the city, including goals and the proposed extent, general distribution, and location 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 a statement of the projections for and standards of population density and building intensity recommended for the various land use categories covered by the plan.
6. A parks and public grounds plan.
7. A moderate income housing plan.
8. The planning commission may from time to time extend, amend or add to the general plan or carry any part of subject matter into greater detail.
9. After the legislative body has adopted a general plan, no street, park or other public way, ground, place or space, no publicly owned building or structure, and no public utility, whether publicly or privately owned, may be constructed or authorized until and unless it conforms to the current general plan.
10. Appeal: Any person aggrieved by any decision of the planning commission or any administrative officer shall have the right to make such appeals as may be provided by provisions of this title.

Notes

1 UCA § 10-9a-401.

HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 09-21-2021-A, 9-21-2021

1. Land Use Ordinance:
2. In accordance with Utah Code Annotated section 10-9a-502, the planning commission shall prepare and recommend to the legislative body a land use ordinance and zoning map that represent the planning commission's recommendation for regulating the use and development of land within the city, including both the full text of the ordinance and maps representing the recommendations of the planning commission for zoning of the city.
3. All recommendations made by the planning commission for inclusion with the land use ordinance shall be made in accordance with a general plan designed to promote the health, safety, morals, convenience and general welfare of the city and its inhabitants, and especially to:
4. Encourage and facilitate the orderly growth and development of the city.
5. Secure economy in municipal expenditure.
6. Foster a wholesome social environment.
7. Enhance the economic well being of the city and its inhabitants.
8. Prevent the overcrowding of land.
9. Preserve open space.
10. Stabilize property values.
11. Facilitate adequate provision for transportation, water, sewerage, schools, parks and other public requirements.
12. Encourage the development of an attractive and beautiful city.
13. Such recommendations shall be made with reasonable consideration, among other things, to the character of each zoning district within the city and its peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city.
14. Reports: The planning commission may make reports and recommendations relating to the plan and development of the city to public officials and agencies, public utility companies, civic, educational, professional and other organizations, and citizens. The planning commission may, in the performance of its functions, enter upon any land at reasonable times to make examinations and surveys and place and maintain necessary monuments and marks thereon. In general, the planning commission shall have such powers as may be necessary to enable it to perform its functions and promote city planning and land use regulations. 

HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 09-21-2021-A, 9-21-2021

The position of zoning administrator is hereby created. The zoning administrator, hereinafter referred to as the "administrator", shall have such powers as are set forth in this section.

1.  Planning Commission Services: The administrator shall provide administrative services to the planning commission. It shall be the duty of the administrator to prepare the agenda for all regular meetings of the commission and assure that it is published, mailed and displayed in compliance with planning commission procedures. The administrator shall attend all regular meetings of the commission and any special meetings as may be required by the commission.
2. Land Use Ordinance Interpretation: The administrator is authorized to interpret the land use ordinance and zoning map. Appeals from said interpretation shall be to the legislative body.
3. Certificates, Permits And Reviews: Application for all certificates, permits and reviews shall be made at the office of the city recorder. Applications shall be made on the respective forms provided and shall be accompanied by the proper fee and required documents. Administration of certificates, permits and reviews shall proceed as provided below:
4. Zoning Review: The administrator shall approve applications for building permits to assure compliance with zoning regulations. The administrator may present such applications to the planning commission for review and recommendation.
5. Site Plan Review: The administrator shall receive all applications for site plan review as provided in chapter 17 of this title; he shall assure that submittals are complete and placed upon the planning commission agenda for timely review. The planning commission shall approve applications for site plan review.
6. Sign Permit: The administrator shall receive applications for a sign permit as provided in chapter 18 of this title. The administrator shall review and issue permits for signs on all uses, although planning commission concurrence may be requested.
7. Industrial Performance Standards: It shall be the responsibility of the administrator to initiate an investigation of a suspected violation of the industrial performance standards and may request review by the planning commission. The administrator shall assure enforcement of violations as provided by subsection 10-14-2D5 of this title.
8. Home Occupation Permit: An application for a home occupation permit shall be presented to the administrator for review and approval by the planning commission. Upon such approval, the administrator is authorized to issue a permit, as described in section 10-19-13 of this title.
9. Zoning Amendments Review: Requests for amendments or changes to the land use ordinance or zoning map shall be initiated with the administrator. The amendment process shall proceed as provided for in chapter 22 of this title.
10. Schedule Of Fees: A schedule of the fees required for the issuance of any certificate, permit or review is available at the office of the city recorder. 

HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 09-21-2021-A, 9-21-2021

1. Conformance Required: No permit shall be issued for any building, construction or repair of any building unless such fully conforms to all zoning regulations or ordinances of this municipality in effect at the time of application.
2. Applicability Of Transportation And Circulation Map: No permit shall be issued for any building or structure, or part thereof, on any land located between the mapped lines of any street as shown on the transportation and circulation map. However, by special exception, the legislative body, upon an appeal filed with it by the owner of any such land, may authorize the grant of a permit for a building or structure, or any part thereof, within any mapped future street in any case in which the legislative body, upon the evidence, finds that:
3. The appellant's property of which such mapped future street location forms a part will not yield a reasonable return to the owner unless such permit be granted; and
4. Balancing the interest of the city in preserving the integrity of the map and the interest of the owner in the use and benefits of the property, the grant of such permit is required by consideration of justice and equity; or
5. Denying the special exception would constitute an unconstitutional prohibition of development of the property.
6. Conditions May Be Imposed: In the event that the legislative body decides to grant a special exception, it shall have the power to specify the exact location, ground area, height and other details and conditions of extent and character, and also the duration of the building or structure, or part thereof, to be permitted. 

HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 09-21-2021-A, 9-21-2021

1.  Permitted; Findings: The legislative body may hear and decide special exceptions to the terms of this title; provided, that any such special exception on which the legislative body shall be authorized to pass shall be limited to the following:
2. Authorize the alteration, movement, enlargement or addition to a building or structure or sign occupied by a nonconforming use, provided it can be shown by the applicant that:
3. The building, structure or sign is legally nonconforming; and
4. The alteration, movement, enlargement or addition is in keeping with the intent of this title; and
5. The proposed alteration, movement, enlargement or addition will not impose a burden upon the lands located in the vicinity of the nonconforming use or structure; and
6. The proposed deviation from code requirements is the minimum needed to achieve a reasonable use of the property, which use is to be justified by written findings of the legislative body.
7. Permit the construction of a structure between the platted lines of a future street on the transportation and circulation map as provided in this title.
8. Extensions of the regulations for either district, up to fifty feet (50') beyond the district boundary, when a district boundary line divides a lot which was in single ownership at the time of the passage date hereof.
9. Other special exceptions as specifically provided in this title.
10. Written Finding Required: The legislative body shall be required to make a written finding prior to the approval of any special exception.

HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 09-21-2021-A, 9-21-2021