South Jordan City Zoning Code

1. Establishment: There is created a Planning Commission of the City consisting of six (6) voting members. Each member of the City Council and the Mayor shall nominate one voting member to the Planning Commission and that nominee shall be appointed to the Planning Commission by a majority vote of the City Council. Members of the Planning Commission shall be appointed, including appointments to fill vacancies, and removed by resolution.
2. Eligibility: Each voting member shall be a resident in the council district for which he or she is appointed (or a resident of the City for the Mayor’s nomination) for at least one (1) year prior to the voting member’s appointment. If a Planning Commission member moves outside its council district from which he or she was appointed, or if the council district boundaries change so that a Planning Commission member now resides outside the district to which he or she was appointed, that Planning Commission member may finish his or her term.
3. Term Duration: Members of the Planning Commission shall be appointed for the same term, or remainder of a term, as the term of the Mayor or member of City Council who nominated him or her. A member of the Planning Commission whose term has expired shall continue to serve until a successor has been appointed unless otherwise directed by the City Council.
4. Removal,
   1. The City Council may remove any member of the Planning Commission for any reason except that a planning commission member deliberating about a specific pending land use application in a planning commission meeting with municipal staff, an elected official, or the land use applicant is not cause for removal.
   2. Reasons for removal include, but are not limited to:
      1. Using public funds for a political purpose under Title 20A, Chapter11, Part 12, Political Activities of Public Entities Act.
      2. Violating a provision of Title 10, Chapter3, Part 13, Municipal Officers' and Employees' Ethics Act.
      3. Acting with the intent to influence a land use decision or an appeal of a pending land use application in a manner that creates actual impermissible bias in the planning commission member's administrative or quasi-judicial duties.
      4. Relocation out of the council district of the City Council member who appointed that seat.
      5. Incapacity or Failure to participate or meet required duties.
      6. Insubordination or Unprofessional Behavior.
   3. Procedure. The removal shall be by majority vote of the City Council. The vote to remove a Planning Commission member must describe the cause for removal pursuant to Utah State Code Section 10-20-301, as amended, may be removed.

E. Vacancies: Any vacancy occurring on the Planning Commission by reason of death, resignation, removal, or disqualification shall promptly be filled by the City Council for the unexpired term of such member, according to the nominating and appointment procedure set forth herein.

F. Compensation: Each member of the Planning Commission shall be paid fifty dollars ($50.00) per day for attending each regular Planning Commission meeting.

G. Recusal: A planning Commission member shall recuse themselves when the Planning Commission is deliberating or voting on items where the member has a personal or professional conflict of interest.

H. Commission Organization And Meetings: At the first regular Planning Commission meeting held in each calendar year, the members shall select from their number a Chairperson and other such officers as they deem necessary in carrying out the functions of the Planning Commission and shall adopt such rules and regulations for the conduct of business before the Planning Commission as they deem appropriate, which rules and regulations may be modified and/or amended at any time by the Planning Commission at any of its regular meetings. The City Council may remove, replace, or appoint the Chairperson of the Planning Commission by a majority vote of the City Council. Planning Commission meetings shall be held at the call of the Chairperson and at such other times as the Planning Commission may determine in accordance with the law. Planning Commission meetings shall be open to the public, unless closed in accordance with law. Three (3) members of the Planning Commission shall constitute a quorum for the transaction of business. The vote of the majority of those Planning Commission members in attendance, but no less than three (3) members, shall be required to pass any motion before the Planning Commission. Minutes shall be taken at the Planning Commission meetings and minutes containing the official act and recommendations of the Planning Commission shall constitute public records and shall be available for inspection upon reasonable notice at reasonable times and places. Reports of official acts of the Planning Commission shall be made in writing and shall indicate how each member of the Planning Commission voted with respect to such acts or recommendations as the Planning Commission may from time to time make.

I. Functions And Duties: It shall be the function and duty of the Planning Commission, after holding public hearings, to make and adopt and certify to the legislative body, a general plan for the physical development of the Municipality, including the areas outside of its boundaries which, in the commission's judgment, bear relation to the planning of the Municipality. Where the plan involves territory outside the boundaries of the City, action shall be taken with the concurrence of the County or other municipal legislative body concerned. The general plan, with the accompanying maps, plats, charts and descriptive and explanatory matter, shall show the Planning Commission's recommendations for the said physical development, and may include, among other things, the general location and extent of streets. The Planning Commission may from time to time amend, extend or add to the plan or carry any part or subject matter into greater detail. It shall be the function and the duty of the planning commission and it shall have the power to make, adopt and certify to the city council a zoning plan, including the text of the land use ordinance and maps representing the Planning Commission's recommendations for the regulation by districts or zones of the location, height, bulk, number of stories, size of building and other structures, the percentage of the lot which may be occupied, the size of the yard, courts and other spaces, the density and distribution of population and the use of buildings, structures and land for trade, industry, residence, recreation, commercial business, or other purposes from and after the time when a land use ordinance has been enacted by the City Council and the official map has been recorded in the Office of the City Recorder. No permit shall be issued by the building official or any building or structure or part thereof on any land located within the boundaries of the zoning map which would be in violation of the recommendations of the Planning Commission as shown on such official map. Any person aggrieved by his or her inability to obtain any permit may appeal to an Appeal and Variance Hearing Officer. The foregoing list of functions and duties of the commission shall not be construed as all inclusive and the Planning Commission shall have such additional powers and duties as are duly authorized under the laws of the State for Planning Commissions.

J. Changes And Amendments: Land use ordinances, except for those contained in this chapter. including the maps, may from time to time be amended by the City Council after giving ten (10) days' notice of a public hearing, but all such proposed changes and amendments, except for those in this chapter shall first be proposed by the Planning Commission or shall be submitted to that commission for its consideration prior to action by the City Council. With respect to any proposed amendments, the Planning Commission shall, within thirty (30) days' time after which the proposed amendment is referred to such commission, report its approval or disapproval or recommendations with regard to such proposed amendment to the City Council. The Planning Commission may request that the City Council grant an extension of time for an in depth study of the proposed amendment that must show cause why such additional study is necessary on making such request. Failure of the Planning Commission to submit a report or to request an extension of time within the prescribed time shall be deemed approval by the Planning Commission of such proposed change or amendment. The City Council may adopt, reject or accept in part the recommendations of the Planning Commission by a majority vote of the members of the City Council.

K. Street Plan: From and after the time when the Planning Commission shall have adopted a major street plan, the City Council may establish an official map of the whole or part of the Municipality theretofore existing and established by law as public streets. Such official map may also show the location of the lines of streets from plats of subdivisions which shall have been approved by the Planning Commission. The City Council may make, from time to time, other additions to or modifications of the official street extensions, widenings, narrowings or vacations which have been accurately surveyed and definitely located, provided that before taking any such action, the City Council shall hold a public hearing thereon, and that such proposed addition to or modification of the official map shall be submitted to the Planning Commission for its approval. In the event of Planning Commission disapproval, such additions or modifications shall require a favorable vote of not less than a majority of the membership of the City Council. The placing of any street or street lines upon the official map shall not in and of itself constitute or be deemed to constitute the opening or establishment of any street or taking or accepting of any land for street purposes. In order to preserve the integrity of the official map, no permit shall be issued for any kind of building or structure or part thereof on any land located between the mapped lines of any street as shown on the official map. Any person aggrieved by his inability to obtain such permit may appeal to an Appeal and Variance Hearing Officer.

L. Subdivision Control: From and after the time when the Planning Commission shall have adopted a major street plan and shall have certified the same to the City Council, no plat of a subdivision of land lying within the City shall be filed or recorded in the County Recorder's Office until it shall have been submitted to and approved by the Planning Commission and such approval entered in writing on the plat by the City Attorney, the City Engineer, the Planning Director and the Mayor. The filing or recording of a plat of a subdivision without such approval shall be void. The Planning Commission shall prepare regulations covering the subdivision of land within the City. The City Council shall hold a public hearing on the subdivision regulations and thereafter may adopt said regulations for the City. Whoever being the owner of or agent of the owner of land located in the subdivision within any area of the City for which a major street plan has been adopted by the Planning Commission and the City Council, except for land located in a recorded subdivision, transfers and sells such land without first preparing a subdivision plat and having such plat approved by the City and recorded in the Office of the County Recorder, shall be guilty of a Class C misdemeanor for each lot so transferred or sold; and the description by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the transaction from such penalties, except that in subdivisions of less than ten (10) lots, land may be sold by metes and bounds, without the necessity of recording of plat if all of the following conditions are met:

1. The subdivision layout shall have been first approved in writing by the Planning Commission;
   
2. The subdivision is not traversed by the map lines of a proposed street as shown on the official map or maps of the City, and does not require the dedication of any land for street or other public purposes; and
3. If the subdivision is located in a zoned area, each lot in the subdivision meets the frontage, width, density and area requirements of the land use ordinance or has been granted a variance from such requirements by an Appeal and Variance Hearing Officer. The City may enjoin such transfer or sale by action for injunction or may recover the said penalty by civil action.
4. The Planning Department has provided notice as required by this title and the State Code.

M. Inspections: The Planning Commission, its members and employees and staff, in the performance of its functions, may enter upon any land at reasonable times to make examinations and survey and place and maintain necessary monuments and marks thereon.

N. Governmental Immunity: The members of the commission shall be deemed included in the definition of "employee" found in the Governmental Immunity Act of Utah, Utah Code Annotated section 63G-7-101 et seq. (as amended).

1. Creation And Appointment. Pursuant to Utah Code section 10-9a-701 et. seq., there is created in the City an Appeal Authority. The City Council shall appoint­ by resolution one or more Appeal and Variance Hearing Officers (also referred to in this section 17.16..020 as "Hearing Officer") who will serve as the Appeal Authority for appeals of administrative land use decisions and variances.
2. Authority And Jurisdiction: A Hearing Officer shall have the following powers:
   1. Hear And Decide Appeals: Unless otherwise specifically provided in this title or title 16, "Subdivision And Development Code", of this Code, a Hearing Officer shall hear and decide all appeals alleging that there is error in any final written decision of the Planning Director, City Engineer, or Planning Commission administering or interpreting this title or in title 16, "Subdivision And Development Code", of this Code.
   2. Authorize Variances: A Hearing Officer may authorize a variance to any person or entity desiring a waiver or modification of a land use requirement of this title as applied to a parcel or property that he or she owns, leases, or in which he or she holds some other beneficial interest upon application by the owner for a variance from the terms of this title.

1. Parties Entitled To Appeal:
   1. The City, an applicant, or any other person or party adversely affected by a final written decision of the Planning Director, City Engineer, or Planning Commission administering or interpreting this title or title 16, "Subdivision and Development Code", of this Code may appeal the decision to a Hearing Officer.
   2. If an appeal is regarding a landowner’s property but the landowner is not the appellant or appellee, a Hearing Officer may determine the landowner’s level of involvement in an appeal.
      
2. Time To File Appeal: A Hearing Officer may only consider appeals properly filed pursuant to this section within ten (10) days of the date the disputed final written decision was issued.
3. Application: All appeals are limited to the land use decisions on the record. “Record” means the land use application, public meeting/minutes, and any relevant public document held by the City that specifically relates to the issue(s) on appeal. An appellant shall file an appeal in writing by submitting an online appeal application to the City. A Hearing Officer may only consider an appeal if the appellant submitted a complete application within the time period provided in subsection B of this section. An appeal application is complete if it includes:
   1. A completed application form provided by the City.
      
   2. Payment of applicable fees including those shown on the current year City fee schedule.
      
   3. A written statement that is no more than five (5) pages with one inch (1") margins, 12-point Times New Roman font, single-spaced, that concisely:
      
      1. Explains the appellant's standing to appeal;
         
      2. Identifies the alleged error that is grounds for the appeal; and
      3. Provides reasons the appellant claims the applicable decision was made in error.
         
   4. All records (e.g. land use application, staff reports, and meeting minutes). (The records may be attached to the written statement as an exhibit and, if so, the exhibits shall not be counted against the statement’s page limit.)
      
4. Stay Of Proceedings Pending Appeal: An appeal stays all proceedings, unless the officer or decision making body that made the decision being appealed certifies to a Hearing Officer after the notice of appeal is filed with the City Recorder that, by reason of the facts stated in the certificate, the stay would in the officer's or decision making body's opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed unless a Hearing Officer or the District Court grants a restraining order on application, notice, and due cause shown.
   
5. Notice Of Hearing: After receiving an appeal application from the City Recorder, a Hearing Officer shall fix a reasonable time and place for hearing the appeal during a public meeting. Thereafter, the City Recorder shall publish an agenda at City Hall and on the City's website, give notice to the parties, and provide the appeal application to appellee.
6. Response And Representation: At least ten (10) days prior to the hearing, the appellee may submit to the City Recorder a response to the appeal application that the City Recorder shall give to a Hearing Officer and appellant. The response shall have the same restrictions listed in subsection C3 of this section. At the hearing, the parties may appear in person or by agent or attorney.
   
7. Hearing Officer: A Hearing Officer shall:
   
   1. Act in a quasi-judicial manner and serve as the final arbiter of issues involving the interpretation or application of land use ordinances; and
   2. May not entertain an appeal of a matter in which the Hearing Officer had first acted as the Land Use Authority.
8. Hearing And Decision Procedures:
   1. Minutes: A Hearing Officer shall cause minutes to be kept of all proceedings before him or her and shall keep record of all other official actions, including written decisions. A Hearing Officer's minutes and official records shall be immediately filed with the City Recorder as a public record and shall be retained according to applicable law.
      
   2. Written Decision: A Hearing Officer shall file with the City Recorder a written decision on each appeal that reverses or affirms, in whole or in part, the administrative decision being appealed.
      1. The written decision shall set forth the facts and law upon which the decision is made.
      2. If a Hearing Officer reverses any part of the administrative decision being appealed, the Hearing Officer shall remand the administrative decision to the officer or decision making body that made the decision for further proceedings consistent with the Hearing Officer's decision.
      3. The City Recorder shall notify the parties of a Hearing Officer's decision by mail within ten (10) days of the decision's effective date.
      4. A decision of a Hearing Officer takes effect and is final on the date when the Hearing Officer issues a written decision.
         
   3. Other Policies And Procedures: A hearing officer may formally adopt other policies and procedures that do not otherwise conflict with this section or other laws.
      
9. Scope Of Review: The scope of review is limited to factual matters to the record. A Hearing Officer shall:
   1. Determine whether the record on appeal includes substantial evidence for each essential finding of fact.
   2. Receive no public comment, including witness testimony, and the parties may not present new evidence outside the record.
   3. Determine the correctness of the interpretation and application of the plain meaning of the land use regulation.
10. Burden Of Proof: The appellant has the burden of proving the appealed decision was made in error.
11. Judicial Review Of Hearing Officer's Decision: The City or any person adversely affected by any Hearing Officer's decision may file a petition for review of the decision with the District Court within 30 days after the Hearing Officer’s decision is final.
12. Stay Of Decision: A Hearing Officer may stay his or her decision for thirty (30) days or until the District Court decides any appeal of the Hearing Officer's decision.

1. Parties Entitled to Request a Variance. Any person or entity desiring a waiver or modification of a land use requirement of this title as applied to a parcel of property that he or she owns, leases, or holds some other beneficial interest may apply to a Hearing Officer for a variance after receiving a final written administrative decision or interpretation of the land use requirement from the Planning Director.
2. Application. A Hearing Officer may only consider a variance request after a complete variance application has been submitted to the Planning Department that includes:
   1. A completed application form provided by the Planning Department;
   2. Payment of applicable fees, including those shown on the current year City fee schedule; and
   3. Other relevant information identified by the Planning Department or otherwise required to explain and justify the variance request (e.g., elevations, materials, site plans, and photographs).
3. Notice of Hearing: After receiving a variance application from the City, a Hearing Officer shall fix a reasonable time and place for hearing the variance request during a public meeting. Thereafter, the City Recorder shall publish an agenda at City Hall and on the City's website, and give notice to the parties.
4. Response and Representation: Prior to the meeting, the City may submit to the City Recorder a response to the variance application that the City Recorder shall give to a Hearing Officer and applicant. At the meeting, the parties may appear in person or by agent or attorney.
5. Hearing And Decision Procedures:
   1. No Public Comment: A Hearing Officer shall not receive public comment regarding a variance request.
   2. Minutes: A Hearing Officer shall cause minutes to be kept of all proceedings before him or her and shall keep record of all other official actions, including written decisions. A Hearing Officer's minutes and official records shall be immediately filed with the City Recorder as a public record and shall be retained according to applicable law.
   3. Written Decision: A Hearing Officer shall file with the City Recorder a written decision on each variance that grants or denies, in whole or in part, the variance request. The written decision shall set forth the facts and law upon which the decision is made. The City Recorder shall notify the applicant of the Hearing Officer's decision by mail within ten (10) days of the decision's effective date.
   4. Other Policies And Procedures. A Hearing Officer may formally adopt other policies and procedures that do not otherwise conflict with this section or other laws.
6. Standard Of Review:
   1. Variance: A Hearing Officer may grant a variance from a land use requirement only if:
      1. Literal enforcement of the requirement would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of the land use ordinance;
      2. There are special circumstances attached to the property that do not generally apply to other properties in the same zone;
      3. Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone;
      4. The variance will not substantially affect the general plan and will not be contrary to the public interest; and
      5. The spirit of the land use ordinance is observed and substantial justice done.
   2. Determination Of Hardship: In determining whether or not enforcement of the land use requirement would cause unreasonable hardship under subsection F1a of this section, a Hearing Officer may not find an unreasonable hardship unless the alleged hardship:
      1. Is located on or associated with the property for which the variance is sought; and
      2. Comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood.
   3. Self-Imposed Or Economic Hardship: In determining whether or not enforcement of the land use requirement would cause unreasonable hardship under subsection F1a of this section, a Hearing Officer may not find an unreasonable hardship if the hardship is self-imposed or economic.
      
   
   
   4. Determination Of Special Circumstances: In determining whether or not there are special circumstances attached to the property under subsection F2b of this section, a Hearing Officer may find that special circumstances exist only if the special circumstances:
      1. Relate to the hardship complained of; and
      2. Deprive the property of privileges granted to other properties in the same zone.
   5. Additional Requirements: In granting a variance, a Hearing Officer may impose additional requirements on the applicant that will:
      1. Mitigate any harmful effects of the variance; or
      2. Serve the purpose of the standard or requirement that is waived or modified.
   6. Burden of Proof: The applicant bears the burden of proving that all of the conditions justifying a variance have been met.
   7. Prohibited: A Hearing Officer shall not grant:
      1. A variance that is greater than the minimum variation necessary to relieve the unreasonable hardship the applicant can demonstrate;
      2. A temporary variance; and
      3. A use variance.
7. Variance Provisions: Variances run with the land.
8. Judicial Review Of Hearing Officer's Decision: The City or any person adversely affected by any Hearing Officer decision may appeal to the District Court of competent jurisdiction by filing a plenary action for relief; provided, petition for such relief is presented to the court within thirty (30) days after the filing of such decision with the City Recorder.
9. Stay Of Decision: A Hearing Officer may stay his or her decision for thirty (30) days or until the District Court decides any appeal of the Hearing Officer's decision.

1. Enforcement: The Code Compliance Officers of the City of South Jordan shall enforce all of the provisions of this title. The Planning Director shall inspect or cause to be inspected all 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 or her 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 or she shall issue a written stop order to the person responsible therefor, ordering and directing such person to cease and desist such construction, alteration, repair or use. He or she shall report a violation of this title to the Code Compliance Division for investigation and possible prosecution and/or to make a complaint thereof before the court or courts having jurisdiction of such violation. In addition to the Code Enforcement Division, the Director shall further have power to issue written citations pursuant to title 1, chapter 1.16 of this Code.
2. Assistance: The Director may call for the assistance of law enforcement personnel whenever in his or her opinion such assistance is necessary or advisable in the investigation of a suspected violation of this title.