In order to accomplish the purposes set forth in this Title and in accordance with the Utah State Municipal Land Use, Development, and Management Act, Section 10-9a-4, Utah Code Annotated 1953, the City shall prepare and adopt a comprehensive, long-range General Plan.

(1979 Code 11-2-101; repealed and readopted by Ordinance No. 21-92; Ord. No. 06-2012, 07/17/2012; Ord. No. 19-2023 § 1 (Exh. A), 12/19/2023)

After the City Council has adopted a General Plan or any amendments to the General Plan, no street, park, or other public way, ground, place, or space, no publicly owned building or structure, and no public utility, whether publicly or privately owned, may be constructed or authorized unless and until it conforms to the Plan or it has been considered by the Planning Commission, and after receiving the advice of the Planning Commission, approved by the City Council as an amendment to the General Plan.

(Adopted by Ordinance No. 21-92; Ord. No. 06-2012, 07/17/2012; Ord. No. 19-2023 § 1 (Exh. A), 12/19/2023. Formerly 11-2-104)

Article 2 – PLANNING COMMISSION

There is hereby created a Planning Commission which shall have seven (7) members of the general public appointed by the Mayor, with the approval of the City Council. Members of the Commission shall serve without compensation, except that the City may make provision for payment of necessary expenses incurred by them in carrying out the duties specified in this Chapter. Members shall be selected without respect to political affiliations.

The Mayor shall designate one (1) member of the City Council and one (1) alternate member selected from the City Council to be assigned to attend the Planning Commission meetings. City Council members shall serve as nonvoting members of the Commission. In addition, selected staff members shall attend Commission meetings.

(1979 Code 11-2-201; amended by Ordinance No. 9-91, and #10-2007, 03/20/2007; Ord. No. 06-2012, 07/17/2012; Ord. No. 19-2023 § 1 (Exh. A), 12/19/2023)

Each member of the Planning Commission, except the City Council members who serve on the Commission, shall serve for a term of four (4) years and until his successor is appointed; provided, that the members first appointed shall be appointed for such terms that the terms of the members shall be staggered to expire every two (2) years. The term of the City Council members who sit on the Planning Commission shall be for two (2) year segments concurrent with the term on the Council. The term of office of each voting member shall commence on the first (1st) day of April in the year in which such member is appointed. Planning Commission members serve at the pleasure of the City Council. Vacancies shall be filled in the same manner as the original appointment for the unexpired term.

(1979 Code 11-2-202; amended by Ordinance No. 9-91, and #10-2007, 03/20/2007; Ord. No. 06-2012, 07/17/2012; Ord. No. 19-2023 § 1 (Exh. A), 12/19/2023)

(1)    At its first (1st) meeting in February of each year, the Planning Commission shall elect one (1) of its members as Chairman. The Chairman shall serve for a term of one (1) year and until a successor is chosen in the same manner. A vacancy in the chairmanship shall be filled for the unexpired term by election at the next meeting of the Planning Commission. A person may be elected to serve consecutive terms as Chairman.

(2)    The Planning Commission shall adopt rules for its own organization and for the transaction of business. Meetings of the Planning Commission shall be held monthly or more frequently as the Commission deems advisable. Reports of official acts and recommendations of the Planning Commission shall be made by the Chairman in writing to the City Council and shall indicate how each member of the Commission voted with respect to such act or recommendation. Any member of the Commission may also make a concurring or dissenting report or recommendation to the City Council whenever he so desires.

(3)    All meetings of the Planning Commission shall comply with the requirements of the Utah Open and Public Meetings Act.

(1979 Code 11-2-203; amended by Ordinance Nos. 21-92 and 4-93; Ord. No. 06-2012, 07/17/2012; Ord. No. 19-2023 § 1 (Exh. A), 12/19/2023)

The Planning Commission shall have the following powers and duties:

(1)    The Planning Commission, as provided by Section 11-2-101, shall prepare and recommend to the City Council a General Plan and amendments to the General Plan.

(2)    The Planning Commission may make reports and recommendations relating to the planning and development of the City to public officials and agencies, and other organizations and citizens. The Planning Commission, its members, and employees, in the performance of its functions, may enter upon any land at reasonable times to make examinations and surveys.

(3)    The Planning Commission or designee shall prepare regulations governing the subdivision of land within the City or amendments to such regulations and submit said regulations or amendments to the City Council for adoption.

(4)    Repealed by Ord. No. 19-2023, 12/19/2023.

(5)    The Planning Commission may, or by order of the City Council shall, make and recommend to the City Council a zoning plan, including both the full text of the zoning regulations and maps and amendments thereto. The zoning regulations, including the maps, may be amended from time to time by the City Council.

(6)    The Planning Commission shall hear and decide all applications for conditional use permits.

(7)    The Planning Commission shall prepare regulations governing the approval, construction and maintenance of condominium projects, or amendments to such regulations, and shall submit said regulations to the City Council for adoption.

(8)    The Planning Commission, by order of the City Council, shall make and recommend to the City Council a multiyear improvement program which shall set forth an orderly program for the acquisition of land, buildings and other facilities that are needed for City purposes.

(9)    The Planning Commission may conduct hearings and meetings with interested property owners, officials and citizens in the process of carrying out its functions.

(1979 Code 11-2-205; amended by Ordinance Nos. 21-92 and 31-92; Ord. No. 06-2012, 07/17/2012; Ord. No. 19-2023 § 1 (Exh. A), 12/19/2023)

All members of the Commission shall be residents of the City of Springville.

(Adopted by Ordinance #10-2007, 03/20/2007; Ord. No. 19-2023 § 1 (Exh. A), 12/19/2023)

(1)    The Planning Commission may elect to establish a sub-committee consisting of Commission members to oversee specific areas of concern to the Commission. In authorizing a sub-committee, the Commission shall establish rules and procedures for members, terms, and duties of the sub-committee.

(2)    In the event the Planning Commission elects to appoint an individual who is not a member of the Commission to any sub-committee, the Commission shall present the recommendation and all rules and procedures for the non-Commission member, including terms and duties, to the Mayor for appointment and potential confirmation by the City Council.

(Adopted by Ordinance #10-2007, 03/20/2007; Ord. No. 19-2023 § 1 (Exh. A), 12/19/2023)

Article 3 – BOARD OF ADJUSTMENT AS THE ADMINISTRATIVE LAND USE APPEAL AUTHORITY

(1)    Board Created – A Board of Adjustment is hereby created, which shall act as the Administrative Land Use Appeal Authority. The Board shall consist of five (5) members to be appointed by the Mayor with the advice and consent of the City Council. It is the intent of this establishment to appoint person(s) who will not personally benefit from decisions associated with the interpretation of the ordinances of Springville City.

(2)    Alternate Member Appointments – Three (3) alternate members shall be appointed by the Mayor, with the advice and consent of the City Council. Alternate members shall sit as members of the Board on a rotating basis at the call of the chairman of the Board of Adjustment in the temporary absence of a regular member. No more than two (2) alternate members may sit at any meeting of the Board of Adjustment.

(3)    Term of Office – Each member and alternate member shall serve for a term of five (5) years; provided, that the term of members of the first Board shall be such that the term of one (1) member shall expire each year. The term of office of each member shall commence the first day of February in the year in which the member is appointed. Any vacancy occurring on said Board by reason of death, resignation, removal or disqualification shall be filled in the same manner as an original appointment for the unexpired term. No person shall serve more than two (2) consecutive terms on or as a member of the Board of Adjustment. Partial terms shall not be considered in determining whether a person has served two (2) consecutive terms.

(4)    Removal for Cause – The Mayor may remove any member of the Board of Adjustment Appeal Authority for cause if written charges against the member are filed with the Mayor and after public hearing, if such hearing is requested by the Board member.

(5)    Residency Requirement – All members of the Board shall be residents of the City.

(1979 Code 11-2-301; amended by Ordinance No. 21-92; amended by Ordinance No. 27-02; Ord. No. 08-2011, 05/03/2011; Ord. No. 01-2024 § 1 (Exh. A), 02/06/2024)

(1)    The Board of Adjustment shall organize and elect a Chairperson and adopt rules for its activities in accordance with this Title. Meetings of the Board shall be held at the call of the Chairperson and at such times as the Board may determine. The Chairperson, or in the Chairperson’s absence, the acting Chairperson may administer oaths and compel the attendance of witnesses. All meetings of the Board shall comply with the requirements of the Utah Open and Public Meetings Act.

(2)    The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions; all of which shall be immediately filed in the office of the Board, which is the Department of Community Development, and shall be public record.

(3)    The concurring vote of three (3) members of the Board of Adjustment is necessary to reverse any order, requirement, decision, or determination of the Planning Commission or any administrative official or agency or to decide in favor of the appellant.

(4)    Decisions of the Board of Adjustment shall become effective at the meeting in which the decision is made, unless the Board specifies otherwise.

(Ord. No. 06-2012, 07/17/2012; Ord. No. 01-2024 § 1 (Exh. A), 02/06/2024)

The Board of Adjustment shall have the following powers:

(1)    To hear and decide appeals where it is alleged that there was an error in any order, requirement, decision or determination made by a land use authority, the Planning Commission and/or the Community Development Director’s administration, interpretation or enforcement of the Zoning Ordinance.

(2)    To hear and decide appeals from Planning Commission decisions regarding conditional use permits.

(3)    To hear and decide special exceptions to the terms of the Zoning Ordinance, but only when specifically authorized to do so under the terms of the Zoning Ordinance.

(4)    To hear and decide all matters concerning nonconforming uses, buildings and lots.

(5)    To hear and decide variances from the terms of the Zoning Ordinance.

(6)    Upon appeal, authorize the construction of a residential dwelling having the lowest floor below the base flood level in the FPO(A1-30) subzone or lower than one foot (1') above the crown of the nearest street in the FPO(AO) subzone; provided:

(a)    That the structure is permitted with that portion of the FPO zone in which it is proposed to be placed.

(b)    That the portion of the structure subject to flooding will be adequately flood-proofed.

(c)    That, in the opinion of the Board of Adjustment, the applicant has made a showing of good and sufficient cause that failure to authorize construction will result in exceptional and unnecessary hardship to the applicant, that construction of the dwelling will not result in increased flood heights, additional threats to public safety, extraordinary public expenses, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances, and that the requirements and conditions attached to the approval are the minimum necessary, considering the flood hazard, to afford relief to the applicant.

(Ord. No. 08-2011, 05/03/2011; Ord. No. 01-2024 § 1 (Exh. A), 02/06/2024)

The Community Development Director may decide certain matters consistent with the guidelines established by this Chapter and State law and the rules adopted by the Board. Pursuant to that authority, the Community Development Director may decide all cases that are routine in nature, uncontested, do not impact on the character of the neighborhood, are primarily brought about by changes in the Zoning Ordinance creating a large number of nonconforming structures, uses. All decisions of the Community Development Director may be appealed to the Board. The specific types of decisions the Community Development Director is authorized to make shall include:

(1)    Determination of a nonconforming use that can be verified by substantial evidence. Substantial evidence, for the purpose of this Section, shall mean all official documents, including any written correspondence, receipts, permits or documents issued by a public body or agency thereof, etc. that may establish the truth of the matter asserted by the applicant.

(2)    Consideration of additions and alterations to existing nonconforming buildings and structures, provided such additions and alterations will not result in expanding the nonconformities of the building or structure.

(3)    Consideration of additions and alterations to a legally built dwelling in a nonresidential zoning district that meet the development requirements of the R1 zoning district as defined in the 1949 Zoning Ordinance and do not result in any additional dwelling units.

(4)    Consideration of actions to nonconforming buildings, structures and lots that will not result in expanding the nonconformities of such.

(5)    Final review and approval on plans where the Board has required that a final plan be submitted for special approval, showing that all the requirements imposed by the Board in granting the original approval have been complied with.

(Ord. No. 01-2024 § 1 (Exh. A), 02/06/2024)