This title shall be known as the UNIFORM ZONING ORDINANCE OF PLAIN CITY, UTAH. (Ord., 11-14-1974)

This title is designed and enacted for the purpose of promoting the health, safety, morals, convenience, order, prosperity and welfare of the present and future inhabitants of the City, including, amongst other things, the lessening of congestion on the streets or roads, securing safety from fire and other danger, providing adequate light and air, the classification of land uses and distribution of land development and utilization, protection of the tax base, securing economy in governmental expenditures, protection of the environment, and the protection of both urban and nonurban development of the City. (Ord., 11-14-1974)

   A.   In interpreting and applying the provisions of this title, the requirements contained herein are declared to be the minimum requirements for the purpose set forth.

   B.   This title shall not nullify the more restrictive provisions of covenants, agreements, other ordinances or laws, but shall prevail notwithstanding such provisions which are less restrictive.

   C.   The existing ordinances of the City governing the zoning of areas and districts in the City in their entirety and including the maps heretofore adopted and made a part of said ordinances are hereby superseded and amended to read as set forth herein. (Ord., 11-14-1974)

This title, including the maps, may be amended from time to time. All proposed amendments shall be first submitted to the Planning Commission for a public hearing and recommendation to the City Council. At least fifteen (15) days' notice of the time and place of such hearing shall be posted according to the Utah State Code. The City Council may overrule the Planning Commission's recommendation by a majority vote of its members within thirty (30) days following the final vote of the Planning Commission. The City Council may hold a public hearing if deemed necessary. (Ord. 2011-09, 8-4-2011, eff. 8-5-2011)

   A.   The Purpose And Intent: The purpose of this title is to establish regulations and procedures for the processing and consideration of zoning applications.

   B.   Land Use Authority: The Planning Commission is designated as the Land Use Authority for the approval of zoning applications including site plans and conditional use permits.

   C.   Interpretation: In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare. The Planning Commission is designated as the Land Use Authority to interpret this title.

   D.   Fees For Processing Applications:

      1.   Fees for processing applications shall be established by the Plain City consolidated fee schedule.

      2.   Applications that have been deemed complete and have not been pursued with reasonable diligence before the appropriate board shall expire after six (6) months. The applicant will have to submit a new application and fees to restart the process.

   E.   Notice Of Decision: After hearing the evidence and considering the application, the approving authority (Planning Commission), shall make its findings and have them entered in the minutes. Upon a decision by the approving authority, a notice of decision shall be mailed to the applicant at the address or e-mail address given in the application. A notice of decision can be a written notice or a copy of the approved minutes. A decision by the approving authority is final at the time the notice of decision is issued. If a notice of decision is not sent, the decision shall be final on the date the minutes from the meeting are approved by the approving authority. The City Recorder shall also mail notice of any decisions to any person or agency who, in writing, requested such notification before the decision was rendered. Decisions are subject to requirements and conditions stated in the staff report and listed in the meeting minutes.

   F.   Hearing And Publication Notice For The Planning Commission And City Council: At least ten (10) days' notice of the time and place of which shall be given of any public hearing before the Planning Commission as per State Code. (Ord. 2017-08, 7-20-2017, eff. 7-20-2017)

   G.   Chief Building Official; Authority: The chief building official is hereby charged with the administration and enforcement of the provisions of this title.

   H.   Permit; Certificate Of Occupancy; Reason For Denial: The chief building official shall not grant a permit for the construction or alteration of any building or structure, nor issue any certificate of occupancy for a change in the use of land, if such construction or alteration or change would be in violation or would involve a violation of any of the provisions of this title, or any other ordinance of the City or of any law of the State.

   I.   Enforcement: The chief building official shall enforce all of the provisions of this title. He shall inspect or cause to be inspected all of the buildings in course of construction, alteration or repair, and any change in the use of land. If, in the course of such inspection, or otherwise, it shall come to his attention that any such construction, alteration or repair, or that any use or contemplated use of land is in violation of the provisions of this title, he shall issue his written order to the person responsible therefor, ordering and directing such person to cease and desist such construction, alteration, repair or use. He shall report violations of this title to the City's Legal Department for prosecution and make complaint thereof before the court or courts having jurisdiction of such violation. Upon the recommendation of the City Council, the Legal Department shall bring a civil action for the abatement of any nuisance existing in violation of this title.

   J.   Assistance With Investigation: The chief building official may call for the assistance of law enforcement personnel whenever in his opinion such assistance is necessary in the investigation of a suspected violation of this title.

   K.   Rules And Regulations Established: The chief building official may establish reasonable rules and regulations necessary or desirable in the administration of this title. Three (3) copies of such rules and regulations shall be filed with the City Recorder and such rules and regulations shall become effective when so filed.

   L.   Fees Prescribed By City Council: The City Council may, by resolution, prescribe an exact payment of reasonable fees to cover the expense of examining plans, issuing building permits, inspecting uses and issuing certificates of occupancy, and may determine the method of collecting such fees. (Ord., 11-14-1974; amd. Ord. 2017-08, 7-20-2017, eff. 7-20-2017)

   A.   Required; Exception: The construction, alteration, repair, removal or occupancy of any structure or of any part thereof, as provided or as restricted in this title, shall not be commenced or proceeded with, except after the issuance of a written permit for the same by the chief building official; provided, that no permit shall be necessary where the erection, construction, reconstruction or alteration is minor in character as defined herein, or as determined by the chief building official. (Ord., 11-14-1974)

   B.   Mapped Lines Of Streets Or Land Bordering Street: No building 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 any official map adopted by the City Council and no building permit shall be issued for any building or structure, or part thereof, on any land bordering a street for which an official map has been adopted unless the depth of the front yard for such building or structure as required by this title is measured from the mapped lines of said street as shown on the official map.

   C.   Appeals To Hearing Officer:

      1.   Any owner of land within or bordering a street for which an official map has been adopted and for which a building permit has been refused by the building inspector may appeal to the hearing officer.

      2.   The hearing officer shall have the power to authorize the grant of a permit for a building or structure, or part thereof, within or adjoining any mapped street location upon findings that:

         a.   The property of the appellant of which such mapped street location forms a part will not yield a reasonable return to the owner unless such permit be granted; or

         b.   Balancing the interest of the Municipality in preserving the integrity of the official map and the interest of the owner in the use and benefits of the property, the grant of such permit is required by a consideration of justice and equity.

      3.   Before taking any action, the hearing officer shall hold a public hearing thereon.

      4.   In the event that the hearing officer decides to authorize a building permit, it shall have the power to specify the exact location, yard and ground area, height and other details and conditions of extent and character as it may determine, and also the duration of the building, structure or part thereof to be permitted. (Ord. 78-13, 10-12-1978; amd. Ord. 2020-09, 5-21-2020)

No land shall be used or occupied and no building hereafter structurally altered or erected shall be used or in use until a certificate of occupancy shall have been issued by the chief building official stating that the building or structure or the proposed use thereof, or the use of land, complies with the provisions of this title. A like certificate shall be issued for the purpose of maintaining, renewing, changing or extending a nonconforming use. A certificate of occupancy either for the whole or a part of a building or structure shall be applied for coincidentally with the application for a building permit and shall be issued within ten (10) days after the erection or structural alteration of such building or structure, or part thereof, shall have been completed in conformity with the provisions of this title. (Ord., 11-14-1974)

All departments, officials and public employees of the City, which are vested with the duty or authority to issue permits or licenses, shall conform to the provisions of this title and shall issue no such permit or license for uses, buildings or purposes where the same would be in conflict with the provisions of this title, and any such permit or license, if issued in conflict with the provisions of this title, shall be null and void. (Ord., 11-14-1974)

Any structure made or existing, and any use of land in violation of any provision of this title is a public nuisance and may be abated by appropriate proceedings. (Ord., 11-14-1974)

At the time of the annexation of new territory to the City, the City Council, after reviewing the recommendation of the Planning Commission, shall classify such territory for zoning purposes according to the zones established by this title. (Ord., 11-14-1974)

Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating or causing or permitting the violation of any of the provisions of this title shall be guilty of a Class C misdemeanor and, upon conviction thereof, shall be subject to penalty as provided in section 1-4-1 of this Code. Such person, firm or corporation shall be deemed guilty of a separate offense for each and every day during which any portion of any violation of this title is committed, maintained, continued or permitted by such person, firm or corporation, and shall be punishable as herein provided. (Ord., 11-14-1974; amd. 2003 Code)