A.

Notice required: Notice shall be given by the Town of all public hearings and public meetings required by state law and this title in the manner provided herein. Each notice will state the date, time, place and nature of the public hearing or public meeting, and a general description of the area affected. Failure of property owners to receive such notice shall not invalidate an action of the Town.

1.

The Town will provide notice as required by state law for any hearing or meeting related to the adoption or modification of the General Plan.

2.

The Town will provide notice as required by state law for any hearing or meeting related to the adoption or modification of a land use regulation. If the Town chooses to mail a notice, it will be mailed to owners of adjacent property who are directly affected by the newly adopted or amended land use regulation.

3.

The Town will provide notice as required by state law of its intent to consider any proposed vacation, alteration, or amendment of a plat.

B.

Radius defined: The 300-foot distance is a radius as measured from any point along all property lines and includes property owners across the street and in the rear of the subject property.

C.

Additional notice: This section is not intended to preclude the giving of additional notice as deemed necessary by the Director of Community Development, the Planning Commission, or the Town Council.

D.

Request for e-mail: A property owner may request that all mailed notices be sent to the property owner's e-mail address rather than first class mail. In such a case the property owner must complete and sign an e-mail notification request form available at the Town Office. The request form will be filed at the Town Office. The property owner is responsible for informing the Town of any change in e-mail address. The property owner may choose to discontinue e-mail notice at any time by notifying the Town in writing, in which case the e-mail notification request form will be removed from the Town file and the Town will send any future hearing notices to the property owner via first class mail.

The Town may amend the zoning map and land use regulations by following the process required under state law and this title.

A.

Legislative amendment policy: For the purpose of establishing and maintaining sound, stable and desirable development within the Town, the Town has adopted a general public policy that amendments should not be made to this title or to the zoning map except to promote more fully the objectives and purposes of this title and the General Plan, to correct manifest errors, or to accommodate substantial changes in conditions that are not contemplated in the General Plan.

B.

Impact of the General Plan: The Town's General Plan is a non-binding, advisory guide. The future land use map, included within the General Plan, is intended to guide property owners and developers as they prepare land use proposals, including requests for zoning map amendments. It is also intended to inform and guide the Planning Commission and Town Council in deliberating about such requests. However, the General Plan in and of itself does not guarantee approval or denial of a zoning map amendment on any property. It establishes a vision for the Town's desired pattern of future growth. The council may deny a zoning map amendment request that is consistent with the future land use map based on factors such as the timing, impact, or scale of the proposed development, or approve zoning map amendments not consistent with the future land use map if such a change meets the criteria of subsection A.

C.

Amendment proposals by Town: The Town Council or Planning Commission may propose amendments to the zoning ordinance at any time on their own initiative.

D.

Application for zone change: To apply for a zone change, a person other than the Town Council or Planning Commission shall submit the following:

1.

A completed zone change application form;

2.

An explanation of the reason and justification for such zone change, and a statement setting forth the manner in which a zone change would further promote the objectives and purposes of this title and of the General Plan;

3.

Current property ownership information necessary to satisfy notification requirements, which shall include names and addresses of all owners of adjacent property, and a copy of the recorder's map on which property locations are keyed to ownership information;

4.

The filing fee as established by resolution of the Town Council.

E.

The fee is nonrefundable and shall be applied to the general fund to offset the cost of legal publications, notification of property owners, and the staff time involved in researching the appropriateness of said request and its effect upon the general welfare of the community.

F.

Public hearing: No application for a zone change will be set for a public hearing until the Town staff has reviewed the application and determined that it is complete. A complete application will be forwarded to the Planning Commission. Upon receipt of a complete application for a zone change, the Planning Commission will hold a public hearing on the application.

G.

Planning Commission report and recommendation: After the public hearing, the Planning Commission will make a recommendation to the Town Council, unless the applicant requests that the application be withdrawn.

H.

Council hearing: After receiving the Planning Commission's recommendation, the Town Council will hold a public hearing on the application. The Town Council's action on any request for a zone change is a legislative decision.

I.

Challenges: A challenge to the Town Council's action on an application for a zone change may not be filed with the district court more than 30 days after the council's action.

J.

One year bar on refiling: If an application for a zone change is denied by the Town Council, the Town will not accept another application for the same zone change on the same property, or any part thereof, within one year of the date of filing the previous application on the same property, or a portion thereof. If the application is continued at the request of the applicant, the one year will commence from the date the Planning Commission forwards the application to the Town Council with a recommendation for approval or denial.

K.

Time limit to complete project: With each approved zone change the Town Council shall establish a reasonable time for the applicant to complete the project or proposed land use for which the zone change is requested. The established time shall be based on the nature of the project or land use, and shall in no case be longer than two years. The Town Council may grant a one year extension to this timeline when an applicant demonstrates that factors beyond the applicant's control have prevented timely completion of the project. In extraordinary circumstances the Council may grant an additional one year extension. In no case shall the total approved time for completion be longer than an aggregate of four years maximum. To complete the project shall mean constructing all new required improvements and buildings on the property and utilizing them in a way consistent with the zone change approval. If no new improvements or buildings are associated with the zone change, completing the project shall mean establishing and maintaining the new land use allowed by the zone change.

(Ord. No. 2024-08, 8-14-2024)

A.

The Town Council is designated as the land use authority to act on preliminary and final subdivision plats, subdivision plat amendments and vacations, conditional use permits, and determinations of accessory use, and all other land use decisions for which the land use authority is not specified in Town ordinances.

B.

The Planning Commission is designated as the land use authority to act on design/development review applications and open air display permit applications, except when the DCD is authorized by ordinance to review and approve such applications.

C.

The DCD or designee is designated as the land use authority to act on temporary use permit applications, banner permit applications, sign permit applications, grading permit applications, and home occupation permit applications, in addition to design/development review applications when authorized by ordinance.

Any property that, for any reason, is not designated on the official zoning map as being classified in any of the zones established hereby; or any property in the process of annexation, annexed to or consolidated to the Town subsequent to the effective date of this section, shall classified as FR zone until it has been otherwise classified in the manner set forth in section 10-3-2 of this chapter subsequent to the annexation. Property shall not be reclassified to a zone other than FR Zone concurrently with or prior to completion of annexation proceedings, nor shall any officer or official of the Town utilize reclassification commitments as a medium of bargaining for the annexation of property in the Town.

All land use decisions of the DCD take effect immediately. Upon making any findings or decision, the DCD will post a summary of the same at the Town Office building, and will notify by U.S. mail and electronic mail each member of the Planning Commission and Town Council of the decision or finding that was made. If the decision or finding is appealed to the appeal authority, the decision or action of the DCD shall be considered stayed as of the date such appeal.

Cross reference— See chapter 3A of this title.

A.

This section is adopted in compliance with U.C.A. 1953 Title 63L, Chapter 4. The phrase "constitutional taking issues" has the meaning provided in U.C.A. § 63L-4-102(1), as may be amended from time to time. This section does not apply when the Town formally exercises its power of eminent domain.

B.

The guidelines adopted under this section are advisory only. The Town Manager should review each agenda of upcoming meetings of the Town Council and Planning Commission, as well as all requests and appeals to the appeal authority, to identify possible constitutional taking issues. The Town Manager should also consult with the building inspector and DCD regarding requests for inspections and other issues that they are dealing with, for the same purpose. If the manager believes that a proposed action could involve constitutional taking issues, the manager should seek a legal opinion from the Town Attorney.

C.

Appeal: Any owner of private property whose interest in the property is subject to a physical taking or exaction by the Town may appeal the decision to the Town Council within 30 days after the decision is made. The appeal must be filed in writing with the Town Recorder. The Town Council shall hear and approve or reject the appeal within 14 calendar days after the appeal is filed. If the Town Council does not hear and decide the appeal within 14 days, the decision is presumed to be approved. The Town Council's decision on the appeal will be in writing and a copy will be given to the appellant and to the commission or board that took the initial action.