This Title shall be known as the OAKLEY CITY LAND MANAGEMENT AND DEVELOPMENT CODE and is referred to herein as "this Title”, or “this Code”.

1. The Oakley City General Plan (hereafter referred to as "the General Plan"), was developed to ensure that the rural, agricultural and small-town character of the of the City shall remain. It is the intent of the City, in adopting this Title, to fully exercise all of the powers granted to it by the provision of Utah Code Annotated Title 10, for the appropriate regulation of development and changes and improvements to land use within Oakley City (hereafter referred to as “the City”).
2. The intention of the City is to assure the managed, proper and sensitive development of land and to protect and enhance the rural, agricultural and small-town qualities and lifestyle that exist. This Title is intended to allow development in a manner that encourages the preservation of agricultural lands; the logical and appropriate growth of the City; is flexible with regard to location so long as a land use is compatible with its surroundings; preserves the natural resources and greenspaces; secures economy in the City and municipal expenditures in providing adequate transportation, public safety, and other public services; and promotes a diverse population and economy. This Title seeks to prevent or minimize development where it will otherwise increase potential dangers to life and safety of existing and future residents; adversely influences critical wildlife habitats and environmentally sensitive areas; requires substantial expenditures by the City to serve and protect and detracts from the rural, agricultural and small-town character of Oakley City.

This Title and the Zone District Map(s) shall be applicable to the entire geographic locale commonly referred to as Oakley City.

From time to time the City Council may establish fees to be paid by applicants to the City for the purpose of covering specific City costs incurred during the review and processing of an application hereunder. The amount to be charged by the City shall be established by resolution of the City Council. Application forms may be developed from time to time to further the objectives of this Title and to simplify review processes established herein.

1. The Land Use Authority for preliminary applications under this Chapter is the Planning Commission. For purposes of subdivision applications, the Planning Commission shall be responsible for the following, but may delegate any responsibility to City staff:
   1. Rendering land use decisions related to preliminary applications.
   2. Reviewing preliminary applications in an impartial manner and according to the standards and deadlines described in this Chapter.
   3. Holding a public hearing for preliminary applications (when needed).
   4. Providing feedback to applicants on their preliminary applications.
   5. Scheduling and holding a pre-application meeting with potential applicants (when requested).
   6. Keeping application forms (both preliminary and final) and related informational material up to date and publicly accessible and distributing such forms and materials to potential applicants. This task is delegated to City staff by default.
   7. Providing notice to entities and parties as required by this Chapter. This task is delegated to City staff by default.
   8. Ensuring that documents are properly recorded with the County after final approval as required by this Chapter. This task is delegated to City staff by default.
2. The Land Use Authority for final applications under this Chapter is the City Planner. For purposes of subdivision applications, the City Planner shall be responsible for the following:
   1. Rendering land use decisions related to final applications.
   2. Reviewing final applications in an impartial manner and according to the standards and deadlines described in this Chapter.
   3. Signing final application approvals as required by this Chapter.
3. As subdivision application decisions are administrative, not legislative, the Land Use Authority is authorized to make any land use decision described by this Chapter without City Council approval.
4. Except when operating as the Appeal Authority, the City Council shall not be required to approve or deny a subdivision application under this Chapter.

1. Creation: There is hereby established an Oakley City Planning Commission ("Planning Commission").
2. Powers and Duties: The Planning Commission shall have the following powers and duties:
   1. To prepare or cause to be prepared a General Plan or element thereof and to recommend the proposed General Plan or element to the City Council;
   2. To prepare or cause to be prepared amendments to the General Plan or elements thereof and to recommend the amendments to the City Council;
   3. To review and make recommendations to the City Council in regard to amendments to the Zone District Map;
   4. To initiate, hear, review and make recommendations to the City Council on applications for amendments to this Title;
   5. To initiate a subpoena to compel documents and testimony required in the normal processing and review of matters pertaining to the Planning Commission;
   6. To hear, review and approve or disapprove all applications for conditional uses and long-term temporary uses. To hear, review and recommend approval or disapproval of all applications for minor subdivision of property, cluster bonus/agricultural preservation subdivisions, major development review, master planned developments, development agreements or other procedures identified in this Title, in accordance with the rules and regulations established by the City Council and as stated in this Title; and
   7. To adopt bylaws, policies, procedures and regulations for the conduct of its meetings, the consideration of applications for development approval, and for any other purposes deemed necessary for the functioning of the Planning Commission; provided, however, that the bylaws, policies, procedures and regulations shall be consistent with this Title and shall be approved by the City Council before taking effect.
3. Qualifications for Membership: Members of the Planning Commission shall have their primary residence in Oakley City and be a resident for six months prior to appointment. They shall also remain a resident of Oakley City throughout their term.
4. Membership; Appointment, Terms, Removal, Vacancies and Compensation:
   1. The Planning Commission shall be composed of five (5) to seven (7) members to be appointed by the City Council. Any vacancy in the membership of the Planning Commission shall be advertised by public notices as provided per Section 13-1-20 of this Title, and applications accepted for a minimum of fourteen (14) days following such application and posting. Reappointments of existing Planning Commission members may be made by the City Council. In making appointment to the Planning Commission, the City Council shall assure diversity in the membership of the commission to the extent reasonably practicable by considering all relevant factors such as geographic diversity, occupational diversity, socioeconomic factors, cultural influences, and other similar criteria.
   2. All members of the Planning Commission shall serve at the pleasure of the City Council and may be removed at any time by a majority vote of the City Council.
   3. Members may be compensated per diem, based upon meetings attended and reasonable and necessary expenses, as determined by the City Council.
   4. All members shall serve a term of four (4) years, except that in the case of the first Planning Commission appointed under the provisions of this section, two (2) members shall be appointed for an initial term of two years (if there are 5 members), three (3) members shall be appointed for an initial term of two (2) years (if there are 6 or 7 members). Any vacancy created during the term of a member shall be filled for only the remainder of the unexpired portion of that term. No member shall serve more than three (3) consecutive terms, including portions of unexpired terms.
   5. At the first meeting held in March, after the appointment of any new members, the members of the Planning Commission shall elect one of its members as chair and one member as vice chair. In the absence of the chair, the vice chair shall act as chair and shall have all powers of the chair. The chair shall serve a term of two years. No member shall serve as chair for more than two (2) consecutive two-year terms.
   6. The chair, or in the chair's absence the vice chair, shall be in charge of all proceedings before the Planning Commission, and shall take such action as shall be necessary to preserve order and the integrity of all proceedings before the Planning Commission.
   7. The City Planner or other designated City staff member shall maintain attendance records of members. It is expected that planning commission members will attend at least eighty percent (80%) of meetings in a 12-month period. Failure to meet this obligation may also be cause for removal by the City Council.
5. Recording Secretary: The City Planner or designated planning staff member shall appoint a recording secretary to serve the Planning Commission. The secretary shall keep minutes of all proceedings of the Planning Commission, which minutes shall be a summary of all proceedings before the Planning Commission, attested to by a majority of the members of the Planning Commission voting. In addition, the recording secretary shall maintain all records of the Planning Commission meetings, hearings and proceedings, the correspondence of the Planning Commission, and a mailing list of persons registering to receive notices of meetings, agendas or minutes and who have paid an annual fee set by the City Council to solely cover the copying and mailing cost for receiving all notices and agendas.
6. Planning Commission Staff: The City Planner and any other City staff or duly appointed professional shall act as the professional staff of the Planning Commission.
7. Quorum and Necessary Vote: No meeting of the Planning Commission may be called to order without a quorum consisting of at least three (3) members in a five (5) member board, or four (4) members of a six (6) or seven (7) member board of the Planning Commission being present. No business shall be transacted without at least a majority of all members being present. All actions shall require the concurring vote of a majority of the members present, unless stricter voting procedures are established by the Planning Commission. The chair shall be considered for purposes of establishing a quorum and shall act as a voting member, unless there are six (6) commissioners appointed, and if so, the chair will only vote as a tie breaker.
8. Meetings, Hearings and Procedures:
   1. The Planning Commission shall establish a regular meeting schedule. Special meetings, work sessions and field trips for any purpose, may be held at the call of the City Council, City Mayor, the members of the Planning Commission or the City Planner or designated planning staff member.
   2. If a matter is postponed due to lack of quorum, the matter shall be rescheduled to the next regular meeting. The City Planner or designated planning staff member shall notify all members and interested parties of the date of the rescheduled matter.

In order to provide for coordination and a means to adequately address matters that overlap in any regional planning efforts, the City Council is authorized to require joint planning meetings for such matters. The City Planner or designated planning staff member shall notify the City Council of such matters and the City Council shall then determine whether joint planning sessions are required. The purpose of joint planning meetings is to provide for discussion among Planning Commission members of different Cities, Summit County, South Summit School District, public officials, developers and the public on various regional issues related to the matter in question. Notice of such joint planning sessions shall be for the purpose of discussion and education and are not intended to result in any formal recommendation during the joint planning sessions, although information presented at such sessions may be made part of the record of subsequent proceedings of each Planning Commission or other official body related to the matter in question. Upon completion of the joint planning sessions, the Planning Commission shall take action or make a recommendation on matters as required under this Title.

The provisions of this Title are in addition to all other City ordinances and the laws of the state. Whenever a conflict exists, the more restrictive provision shall apply to the extent allowed by law.

This Title supersedes the Land Management and Development Code of Oakley City, adopted in 2015, as thereafter amended, and the zoning maps which accompanied said code. Structures that were lawfully built prior to the adoption of this Title, or for which building permits were issued and on which work commenced as required under the permit shall, to the extent they do not conform to this Title, be considered as legal, nonconforming uses, and shall not be affected. Uses which were not lawfully established under the previous code and which do not conform to this Title are nonconforming uses, unless this Title is changed in a manner that makes the use conform to this Title.

1. Whenever under the provision of this Title an act is prohibited or whenever under these regulations the doing of any act is required or the failure to do any act is declared to be unlawful, and no specific penalty is provided therefor, each violation of any such provision of this Title shall be a class C misdemeanor, subject to penalties as provided in Oakley City code. Each day a violation of these regulations continues shall constitute a separate offense, unless otherwise prohibited.
2. The City attorney reserves the right to enforce this Title using any of the remedies provided for in Utah Code Annotated section 10-9-1002.

The City Planner shall be responsible for interpreting the provisions of this Title. Any final decision of the Planner with regard to the interpretation of this Title may be appealed to the Appeal Authority. The appeal shall be made in writing no later than ten (10) days of the date of the decision. The appeal shall state the basis of the appeal in detail. The appeal shall be heard by the Appeal Authority as soon thereafter as may be practicable.

It is the intent of the City to review applications for development that were made prior to the adoption of this Title under the provisions of the code then in effect, so long as the application was determined to be complete prior to this Title. Applications submitted after the effective date hereof shall be reviewed under the provisions herein. The City Council shall develop a procedure for considering any vested rights claims that are affected by the approval of this Title and to effectuate public policy favoring the settlement disputes. Said procedure may include the processing of consent agreements for the settlement of disputes pertaining to vested rights or other legal claims arising from this Title. It is the intent of the City to adjudge vested rights in accordance with state law, and nothing in this section should be read or construed as suggesting a standard different from that provided by such state law.

1. Generally: This Title may be enforced by the City by any appropriate means authorized by state law and City ordinances, including, but not limited to, injunctive relief, fines, withholding of building permits and revocation of approvals/permits.
2. Duties of City Planner: It shall be the duty of the City Planner or designated planning staff member to enforce these requirements and to bring to the attention of the City Attorney or his designated agent any violations of this Title.
3. Civil Enforcement: Appropriate actions and proceedings may be taken in law or in equity to prevent any violation of this Title, to prevent unlawful construction, to recover damages, to restrain, correct or abate a violation and to prevent illegal occupancy of buildings, structures or premises. These remedies shall be in addition to the penalties described above.
4. Stay Order: Notwithstanding any provision of this Title to the contrary, in order to maintain the status quo pending the appeal of any decision hereunder or otherwise, the City Planner or designated planning staff member may issue a stay order mandating that all development activities cease in accordance with the terms of the order. Said stay order may be appealed to the City Council within five (5) days of the receipt thereof by an aggrieved person.

1. Whenever under the provision of this Title an act is prohibited or whenever under these regulations the doing of any act is required or the failure to do any act is declared to be unlawful, and no specific penalty is provided therefor, each violation of any such provision of this Title shall be a class C misdemeanor, subject to penalty as provided in City code. Each day a violation of these regulations continues shall constitute a separate offense, unless otherwise prohibited.
2. The City attorney reserves the right to enforce this Title using any of the remedies provided for in Utah Code Annotated section 10-9a-802.
3. Businesses in violation of this Title shall be subject to license revocation proceedings in accordance with the provisions of Oakley City code. Such business shall also be subject to conditional use permit revocation proceedings in accordance with the provisions of the applicable Land Management and Development Code. Where revocations occur, those businesses which are legal nonconforming under the current Land Management and Development Code shall thereafter cease to be legal nonconforming uses within the City.
4. Sexually oriented business employees in violation of this Title shall be subject to license revocation proceedings. A hearing shall be afforded to the individual by the City Council, or by an official whom the Mayor may designate. The individual shall be given written notice of the violation and an opportunity to be heard before the City Council or designated hearing official.
5. It shall be unlawful to submit false or materially misleading information on or with a conditional use permit application for an adult/sex oriented facility or business or to fail to disclose or omit information for the purpose of obtaining said permit.
6. Prior to any permit or license revocation hearing, as provided for by the applicable Land Management and Development Code, City business license ordinance, or this Title, a stay of enforcement action shall be granted, pending the outcome of the hearing and subsequent appeals, upon written application to the City by the permit or license holder.

No person may challenge in District Court a land use decision under this Title until they have exhausted all of their administrative remedies provided herein. Any person adversely affected by any final administrative decision made pursuant to this Title must file a petition for review of that final decision with the District Court within thirty (30) days and comply with all other requirements of Utah Code Annotated section 10-9a-801. Failure to comply with this section of the state law divests the District Court of subject matter jurisdiction to review decisions of the City.

1. The position of Oakley City Appeal Authority (the “Appeal Authority”) is created pursuant to Utah Code 10-9a-701 and the Municipal Land Use, Development, and Management Act, Utah Code 10-9a-101 et seq. (the “Act”).
2. The Appeal Authority shall be appointed by the Mayor with the advice and consent of the City Council. The Appeal Authority shall either be law trained or have significant experience with land use laws and the requirements and operations of administrative hearing processes.
3. The Appeal Authority shall serve at the pleasure of the City Council pursuant to a written agreement between the City and the Appeal Authority. The Appeal Authority shall be considered an independent contractor and not a City employee. The terms and conditions of the contract, including compensation, shall ultimately be approved by the City Council prior to any individual entering into an agreement with the City to serve as the Appeal Authority. The agreement shall automatically renew unless terminated for any reason or no reason by either party giving 30-day notice.
4. The Appeal Authority is the city’s appeal authority pursuant to section 10-9a-701 of the Act, and shall have the following powers and duties:
   1. Hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination made by a land use authority in the enforcement or interpretation of Oakley City land use regulations or in the charging of a fee, where such appeal is not otherwise provided for. Appeals may not be used to waive or modify the terms or requirements of Oakley City land use regulations.
   2. Authorize variances from the terms of this title pursuant to the procedures and standards set forth in Utah State Code Section 10-9a-702 as amended.
   3. Adopt reasonable policies and procedures in accordance with City ordinances to govern the conduct of its meetings and hearings and for any other purposes considered necessary for the functioning of the position of Appeal Authority.
   4. Hold meetings and hearings as needed to consider matters within its purview under the City's land use regulations. The Appeal Authority meetings shall be held as deemed necessary by the Appeal Authority. All meetings shall be properly noticed and held in accordance with the Open and Public Meetings Act set forth in Utah Code Annotated section 52-4-101 et seq.
5. There is no right to appeal a recommendation by the Planning Commission, a legislative action, including the granting or denial of a request for a zoning amendment or rezone, or any action by the Planning Commission or City Council that does not result in a final action or decision.

1. No person may challenge in court any land use decision unless they have properly and timely appealed such decision as set forth herein. The failure to timely appeal a final land use decision shall forever bar all claims regarding such decision.
2. Any person adversely affected by a final land use decision administering or interpreting a land use ordinance may, within 10 days after the decision, appeal that decision to the appeal authority by alleging that there is error in any order, requirement, decision, or determination made by the land use authority in the administration or interpretation of the land use ordinance. Planning Commission recommendations to the City Council and legislative actions are not subject to appeal.
3. An appeal shall be made in writing and shall be filed with the City Recorder on an application form with required documentation and accompanied with the appropriate fees as required.
4. The appeal shall specify the decision appealed, the alleged error made in connection with the decision being appealed, and the reasons the appellant claims the decision to be in error, including every theory of relief that can be presented in district court. The appellant has the burden of proving the decision appealed is incorrect. Only information and claims that were previously presented as part of the land use application, hearings, or process may be submitted.
5. An appeal filed with to the Appeal Authority shall stay all further proceedings concerning the matter about which the appealed order, requirement, decision, determination, or interpretation was made until such time a decision is rendered by the Appeal Authority.
6. Upon receipt of an appeal of an administrative decision, the Appeal Authority shall schedule and hold a public meeting in accordance with the standards and procedures set forth in this Section and the Utah Open and Public Meetings Act. Notification of the date, time and place of the hearing shall be given to the appellant, the respondent (i.e., the land use applicant), and the city at least 7 calendar days before the public meeting.
7. All appeals shall be heard within 60 days after the filing of the appeal. Appeals not heard within this time frame due to the appellant’s failure to expeditiously pursue its appeal will be considered void and withdrawn by the appellant.
8. All meetings of the Appeal Authority shall be recorded and minutes prepared and filed in the Office of the City Recorder for review and access by the public in accordance with Utah State Law.

1. The Appeal Authority shall respect the due process rights of each of the parties and shall give all parties a reasonable opportunity to present written or oral arguments before making a decision.
2. In reviewing the land use decision being appealed, the Appeal Authority shall:
   1. Only consider information and claims that were previously presented as part of the land use application, hearings, or process;
   2. Presume that a final decision of a land use authority is valid;
   3. Interpret and apply a land use regulation to favor a land use application unless the land use regulation plainly restricts the land use application; and
   4. Uphold the land use decision unless:
      1. it is not supported by substantial evidence in the record;
      2. it is based on an incorrect interpretation of a land use regulation; or
      3. it violates a law, statute, or ordinance in effect when the decision was made.
3. The Appeal Authority shall render a written decision on the appeal. Such decision may reverse or affirm, wholly or in part, or may modify the land use decision.
4. The decision of the Appeal Authority takes effect on the date when the Appeal Authority issues a written decision.
5. The City or any person adversely aggrieved by a decision of the Appeal Authority may have and maintain a plenary action for relief therefrom in any court of competent jurisdiction, provided the petition for such relief is presented to the court within thirty (30) calendar days after the date of such decision. Only information and claims that were previously presented as part of the land use application, hearings, or process may be submitted to and be considered by the Court.

1. Waiver, Modification, Or Variance: Any person or entity desiring a waiver or modification of the requirements of this chapter as applied to a parcel that he/she owns, leases, or in which he/she holds some other beneficial interest may apply to the Appeal Authority for a variance from the terms of this chapter.
2. Prohibited Variances: The Appeal Authority may not grant a use variance.
3. Standards: The Appeal Authority may grant a zoning variance only if:
   1. Literal enforcement of the Code would cause an unreasonable 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 parcel that do not generally apply to other parcels within the same zone;
   3. Granting the zoning variance is essential to the enjoyment of a substantial property right possessed by other property owners in the same zone;
   4. The zoning 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.
4. Unreasonable Hardship: In determining whether enforcement of this chapter would cause unreasonable hardship, the Appeal Authority must find that
   1. The alleged hardship is located on or associated with the parcel for which the zoning variance is sought; and
   2. The alleged hardship comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood; an
   3. The alleged hardship is not self-imposed or purely economic in nature.
5. Special Circumstances: In determining whether or not there are special circumstances attached to the parcel, the Appeal Authority must find that:
   1. The circumstances relate to the hardship complained of; and
   2. The circumstances deprive the property of privileges granted to other properties in the same zone.
6. Conditions: In approving a zoning variance, the Appeal Authority may impose additional requirements on the applicant that will:
   1. Mitigate any harmful effects of the zoning variance; or
   2. Serve the purpose of the standard or requirement that is waived or modified.
7. Run with the Land: Zoning variances shall run with the land.
8. Review Procedure:
   1. The City Planner shall review the application for a zoning variance and make preliminary findings as to whether the application complies with the standards for approving a zoning variance established in this chapter.
   2. If applicable, the City Planner may secure input regarding the proposed request from any affected agencies and service providers. Upon receiving such information, the City Planner shall prepare a report and make proposed findings and recommendations and shall schedule a public hearing before the Appeal Authority.
   3. The Appeal Authority shall review the application and staff report. After conducting a public hearing, the Appeal Authority shall take final action on the application for a zoning variance.

Land shall only be annexed into the city of Oakley under and in accordance with the Utah State governing statutes (10-2-4 Utah Code) at the time of annexation petition. As part of the annexation process, applicants for annexation shall submit a written petition of annexation, stating the proposed land use for the property. The petition shall be accompanied by a survey map of the property, produced by a licensed surveyor. The City Council may not annex any property into the City boundaries without first receiving a recommendation (whether favorable or not) on such annexation from the Planning Commission. All land hereafter annexed to the City shall be initially classified in the Agricultural Zone (AR-40) until:

1. The Planning Commission shall submit its recommendations for a revised zoning of the land to the City Council; and
2. The City Council shall hold a public hearing thereon as required for amendments to the Zoning Ordinance and Zoning Map as detailed in this Title.
3. Public Hearings for annexation and public hearings for the revised or proposed zoning may be held concurrently on the same date and time.

1. Notice Methods: All meetings shall be properly noticed and held in accordance with the Open and Public Meetings Act set forth in Utah Code Annotated section 52-4-101 et seq. Notices of any public hearing will be posted at least ten (10) days in advance at the City Hall and the Post Office. Public notices will also be posted on the City web site (oakleycity.com) and on popular social media sites. All public notice(s) will also be posted in a timely manner and as prescribed by law on the Utah Public Notice Website (63F-1-701 Utah Code).
2. Mailed Notice to Property Owners: Where required, the City Planner or designated planning staff member will send public hearing notices to all property owners located within one thousand feet (1,000') from any boundary of the property subject to a development application. When properties located within one thousand feet (1,000') are part of an association of property owners, a courtesy notice should be sent to the property owners' association. The addresses for adjacent owners shall be as shown on the most recently available county tax assessment rolls. The notice shall state that an application has been filed affecting the subject property, the nature of the application or action, and the time, place and date set for public hearing on the matter. Failure to notify property owner associations or individual property owners not specifically identified on the most recently available county tax assessment rolls shall not affect or invalidate any hearing or action by any board or commission. The applicant shall pay the cost for the City to provide this service.
3. Proof of Notice: If notice given under authority of this section is not challenged as provided for under State law within thirty (30) days from the date of the hearing for which the challenged notice was given, the notice is considered adequate and proper.

This ordinance and the various parts, sections, and clauses are hereby declared to be severable. If any part, section, paragraph, sentence, clause, or phrase is adjudged to be unconstitutional or invalid, it is hereby declared that the remainder of the ordinance shall not be affected thereby. The City Council of Oakley, Utah hereby declares that it would have passed this ordinance on each part, section, paragraph, sentence, clause or phrase thereof: irrespective of the fact that any one (1) or more portions thereof be declared invalid.

The provisions of this Code are in addition to all other City ordinances, the Laws of the State of Utah, the Laws of the United States, and applicable common law. This Code shall not supersede any private land use regulations in deeds or covenants which are more restrictive than this Code. Whenever a conflict exists, the more restrictive provision shall apply to the extent allowed by law.