This Ordinance has been prepared and adopted in accordance with the provisions of Utah Code § 10-9a-501 et. seq. (1953 as amended). This Ordinance was prepared under the direction of the Planning Commission who held a public hearing and provided a recommendation, and adopted by the City Council.

The Planning Commission held a public hearing and provided a recommendation, and the City Council has adopted the official Payson City Zoning Map that identifies the zoning districts within the City.

Where uncertainty exists with respect to the boundaries of various zoning districts, an interpretation of the zoning district boundary shall be determined using the following criteria:

1. Where indicated boundaries on the Zoning Map are approximately street centerlines, the street centerline shall be construed to be the zone boundary.
2. Where the indicated boundaries are approximately lot lines, the lot lines shall be construed to be the zone boundary.
3. Where land has not been subdivided into lots and blocks, the zone boundaries shall be determined by use of the scale of measurement shown on the map.
4. Where the indicated boundaries are approximately canals, watercourses or bodies, or other clearly defined natural boundaries, the centerlines of the canal or watercourse, or the edge of other clearly defined natural boundaries shall be construed to be the zone boundary.
5. Where other uncertainty exists, the Planning Commission shall provide interpretation of the map. The interpretation of the Planning Commission may be appealed in writing to the City Council for a zone boundary interpretation.

The official Zoning Map can be found in the office of the City Recorder and in the Development Services Department. If the Zoning Map is amended in accordance with the requirements found in PCC 13.06.080, all previous Zoning Maps are no longer in effect for the purpose of identifying zoning district boundaries.

The Payson City Council shall adopt the Zoning Ordinance in accordance with Utah Code § 10-9a-501 et. seq. (1953 as amended). Unless otherwise delegated herein, or by another Payson City ordinance or resolution, all final decisions regarding this Ordinance shall be by a majority vote of the City Council. As it relates to this Ordinance, the City Council shall have the following powers and duties:

1. To adopt the Zoning Ordinance and Zoning Map.
2. To initiate amendments to the text of the Zoning Ordinance and alteration of the Zoning Map.
3. To render, or appoint a hearing officer to render, a determination, pursuant to the provisions of PCC 2.08, if an applicant asserts a deprivation of, or has been subject to, a taking of property without just compensation or asserts some other invalidity by the passage of this Ordinance.
4. To establish a fee schedule by resolution for applications for development approval, zoning district amendments and all other approvals, permits and licenses required by this Ordinance.
5. To approve, approve with conditions, remand back to the Planning Commission for further review, or deny land use applications.

There is hereby established a Payson City Planning Commission hereinafter referred to as the Planning Commission or Commission. The organization of the Planning Commission shall be consistent with Utah Code § 10-9a-301 et. seq. (1953 as amended), and the provisions of this Section.

The Planning Commission shall be an advisory body to the City Council in making decisions pertaining to land use and development. To carry out these duties, the Planning Commission shall have the authorities granted by Utah Code § 10-9a and this Title. As it relates to this Title, the Planning Commission shall have the following powers and duties:

1. To prepare, or cause to be prepared, the Zoning Ordinance and Zoning Map, and all proposed amendments to the Zoning Ordinance or Zoning Map, and issue a recommendation to the City Council regarding this Ordinance or Zoning Map, or amendments to this Ordinance or Zoning Map.
2. To review and make recommendations to the City Council on applications for development approval, conditional use permits, site plans, signs, or other proposals subject to this Ordinance.
3. To adopt bylaws, policies, procedures and regulations for the conduct of Planning Commission duties, meetings, voting, and review of applications, provided that they are approved by the City Council before taking effect.

The members of the Planning Commission shall be residents of Payson and appointed by the Mayor with the advice and consent of the City Council. In organizing the Planning Commission, the Mayor and City Council shall ensure:

1. The Planning Commission is composed of seven (7) members assigned to terms of four (4) years staggered so that no more than two (2) Planning Commissioners shall be appointed in a single year due to the expiration of terms. Existing Planning Commissioners may be re-appointed by the Mayor with the advice and consent of the City Council.
2. The Mayor shall place, or cause to be placed, an advertisement in the Payson Chronicle and the Payson City newsletter mailed with the utility bill indicating the number of Planning Commission positions open and the qualifications desired and required for Planning Commissioners. The advertisement shall be placed in the newspaper no later than March 1 of each year and give Payson residents no less than two (2) weeks to submit applications.
3. Members of the Governing Body will review the applications for Planning Commissioners and give advice to the interview panel as to who should be selected to be interviewed. The Mayor, the City Councilmember assigned to the Development Services Department, the City Manager and the Development Services Director shall constitute the interview panel for Planning Commission applicants. Following the interview process, the Mayor shall present the name or names of potential Planning Commissioners to the City Council for their advice and consent.
   
   Unless a Planning Commissioner notifies the City of their intention to continue serving on the Planning Commission by submitting an application, existing Planning Commissioners will not be interviewed for reappointment. The City Council reserves the right to reject any and all applications and to have the Planning Commission positions re-advertised.
4. Appointment of Planning Commission members shall occur at the first meeting of the City Council in April, or as soon thereafter as deemed necessary by the City Council to appoint qualified applicants.
5. The Planning Commission shall elect a Chair and a Vice Chair at the first meeting of April who shall be in charge of all proceedings necessary to preserve the order and integrity of Planning Commission meetings.

Members of the Planning Commission are required to complete training annually to assist in their duties. Refer to Utah Code for specific guidelines on the required amount and type of training.

If a Planning Commissioner is unable to complete a term, the Mayor, with the advice and consent of the City Council, shall appoint a replacement to serve until the first meeting in April of the City Council. At the first meeting in April of the City Council, the Planning Commissioner shall be replaced in accordance with the provisions of this Section.

Following a showing of just cause such as conflict of interest, lack of attendance, or misuse of information, an individual may be removed from the Planning Commission by a majority vote of the City Council.

The Development Services Department is the primary staff to the City Council, Planning Commission and Board of Adjustment in regard to the Zoning Ordinance. The Development Services Director shall be the director of the department and shall ensure all administrative duties of this Ordinance are completed. The director may assign other department staff to aid the City Council, Planning Commission and Board of Adjustment as appropriate. The department secretary shall act as the secretary to the Planning Commission and Board of Adjustment including such duties as preparing agendas and taking minutes of their meetings.

The City Council, Planning Commission, and Board of Adjustment may also request the assistance of other appropriate City staff such as the City Engineer, department superintendents and others as deemed necessary.

Notice of public hearings and public meetings shall be consistent with Utah Code and Payson City ordinances and resolutions. The public notice shall contain ample information to allow the general public to determine what action is being proposed, a short description of the proposal, the time, date, and location of the public hearing, and where additional information, if any, may be obtained.

As a courtesy, city staff will send notice to owners of record to parcels located entirely or partly within five hundred (500) feet from any boundary of the property subject to the application, including any owners of property in unincorporated Utah County. The courtesy notice may include that an application has been filed, the nature of the application or proposed action, and the time, place, and date set for a public hearing on the matter. Courtesy notice is not a legal requirement and any defect in courtesy notice shall not affect or invalidate any hearing or action by the city council or any board or commission.

The City Council may amend the number, shape, boundary, or area of any zoning district. The City Council may also amend any regulation or other provisions of a zoning district. The amendments may only occur in accordance with the following procedure.

Any person, including staff, the Planning Commission or City Council, seeking an amendment to the Zoning Ordinance or Zoning Map shall submit to the Planning Commission, on forms provided by Payson City, the following:

1. A description of the specific amendment to the Zoning Ordinance or Zoning Map. In the case of an amendment to the Zoning Map, the applicant shall submit a legal description of the property included in the proposed amendment.
2. The reason and justification for the proposed amendment and how the proposed amendment would further the purpose and intent of the Zoning Ordinance, and how the proposed amendment is consistent with the Payson City General Plan.
3. Supporting documentation, maps, studies and any other information that would allow the City Council to make a well-informed decision.
4. The payment of the appropriate fee in accordance with the Payson City fee schedule.

Upon receipt by the Planning Commission of the proposed amendment, the Planning Commission shall hold a public hearing in accordance with PCC 13.06.070. Following the public hearing, the Planning Commission shall forward a recommendation to the City Council on the proposed amendment. Notice of public hearing shall be consistent with Utah Code § 10-9a-205 et. seq. (1953 as amended).

The City Council may approve, amend and approve, remand the proposed amendment back to the Planning Commission for further review, or deny the proposed amendment.

This Ordinance is intended to be consistent with all other laws, ordinances and resolutions of Payson City, specifically including the following:

1. The Payson City General Plan and General Plan Map.
2. PCC 12, also known as the Subdivision Regulations.
3. PCC 14, also known as the Sensitive Lands.
4. The Payson City Development Guidelines.
5. Annexation and Development Agreements approved by the City Council.
6. Specific project guidelines or restrictive covenants.

A land use application shall be required for all proposed development reviewed under this Title including additions to existing buildings and temporary uses. All land use applications are available from the Development Services Department. The City is not obligated to act on any application that is not complete or does not contain all of the information required herein.

Any application for a subdivision shall also satisfy the applicable requirements of PCC 12, Subdivision Ordinance. Review of zoning requirements and subdivision approval may be completed concurrently.

The use or development of property may not commence until all necessary approvals, permits, and licenses have been issued in accordance with the provisions of this Title and the applicant has paid all required fees.

A concept plan shall not be considered an application for development approval. For the purposes of this Title, a complete application shall be deemed to include, at a minimum, the following information:

1. A signed and completed application(s) form(s) together with payment of appropriate fees in accordance with PCC 13.20.290.
2. All relevant information required by this Title in written form.
3. A complete description of the proposal and an indication of what approval(s) are necessary.
4. Any information necessary for the City Council to make reasonable conclusions and a well-informed decision.

Land use approvals are granted in accordance with current building codes, existing infrastructure capacities, desirable development patterns, and other factors that are subject to change over time. Therefore, in order to ensure that projects proceed in a timely manner and consistent with current laws, regulations, and development standards, project approval expiration timeframes have been established.

An application requiring action by staff, planning commission, city council or board of adjustment shall be terminated according to the following provisions:

1. A project may be terminated immediately following a written request to do so by the applicant.
2. Except as provided in paragraph E, if within twelve (12) months after an application has been submitted pursuant to the requirements of this Title or PCC 12, the applicant fails to diligently pursue approval of the application, the application shall be considered inactive, shall expire, and any bested right to proceed with the application shall terminate.
   1. Actions that constitute a diligent pursuit of approval shall extend the expiration period an additional six (6) months and shall include at least one of the following:
      1. complete formal resubmittals,
      2. public meetings with the land use authority,
      3. completion of required approvals through other governmental agencies—such as FEMA, Utah County, the State of Utah, or the Army Corps of Engineers,
      4. any other comparable affirmative steps as deemed satisfactory by the Payson City Planning Commission.
   2. For large projects with an approval process duration anticipated to exceed twelve (12) months, an applicant may submit and the city may approve a detailed action plan that has an alternative application expiration process.
3. Except as provided in paragraph E, if within twelve (12) months after an application has been approved pursuant to the requirements of this Title or PCC 12, the applicant fails to exercise development rights authorized by such approval prior to the expiration date, the approval and associated development rights shall expire. The exercise of development rights shall be evidenced by:
   1. issuance of a building permit, or
   2. recordation of a plat, conditional use permit, or all required documents.
4. Once an application has been approved, the applicant shall meet all conditions of approval. An applicant’s failure to complete said conditions shall constitute a knowing and willful waiver of the development rights that were authorized by the approval.
5. The City may extend the expiration date of an inactive application or approval for ninety (90) days beyond the original expiration date provided that:
   1. the applicant provides a written request detailing an action plan with a timetable for completion,
   2. the planning commission or its designee finds, based on substantial evidence placed in the record:
      1. substantial progress is being made toward obtaining approval of the application, or the exercise of development rights authorized by an approved application, as the case may be;
      2. in the case of an unapproved application, no changes to this Title or PCC 12, have occurred or are being considered that may affect the application; and
      3. in the case of an approved application, any conditions of approval are still viable based on currently applicable requirements of the Payson City Code.
      4. Time extensions for an application considered inactive shall not combine to more than twelve (12) additional months from the original expiration date.

In order to provide certainty and predictability in the development approval process, the City Council, pursuant to PCC 2.08 has developed a procedure for considering and evaluating vested rights claims made under Utah law as amendments are made to this Ordinance from time to time. This procedure may include the processing of consent agreements for the settlement of disputes pertaining to vested rights or other legal claims arising from this Ordinance.

In accordance with Utah Code § 10-9a-504 (1953 as amended), the City Council may, without a public hearing, enact ordinances establishing temporary zoning regulations for any part or all of the area within the municipality.

The City Council shall establish a period of limited effect for the temporary regulations, not to exceed six (6) months.

The Payson City Council hereby ordains that the Standard of Review for the Payson Board of Adjustment shall be on the established record rather than a de novo review. The Board of Adjustment shall have access to all minutes, recordings, staff reports and other information in order to establish such record.