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Wasatch County Unincorporated
City Zoning Code

CHAPTER 16

03: GENERAL PLAN ADMINISTRATION

16.03.01: PURPOSE

The purpose of this chapter is to establish guidelines and procedures for amendment, maintenance and administration of a comprehensive, long term general plan and for the conservation and development of the unincorporated portions of Wasatch County. The plan and procedures are to be consistent with state planning statutes.
  1. The purpose of the general plan is to set policies to guide future growth and development in a manner consistent with the goals and quality of life desired by Wasatch County citizens. The general plan is intended to be an integrated and internally consistent statement of policies to serve as a clear and useful guide for land use planning for public agencies and private citizens. The general plan forms the basis for the county zoning, subdivision and other land use regulations, and for such implementation measures as capital improvement programs, housing programs and growth management programs.
  2. The general plan is based on community values and an understanding of existing and projected conditions and needs, all of which are subject to change. The general plan amendment process established by Utah state law and this chapter therefore enables the general plan map designations and/or written policy statements to be changed. The general plan is a policy document for the entire county and may be amended only if the amendment is in the best interest of the residents on a countywide basis. Every general plan amendment must be consistent with the rest of the general plan or appropriate changes must be made to maintain internal consistency. 

HISTORY
Adopted by Ord. 2002 Code § 16.03.01 on 1/1/2002

16.03.02: SCOPE

This chapter requires the county to maintain a comprehensive general plan consistent with state statutes and establishes procedures for interpretation and amendment of the general plan. Administrative procedures are also provided for an annual review of the general plan and a review of public works projects. 

HISTORY
Adopted by Ord. 2002 Code § 16.03.02 on 1/1/2002

16.03.03: GENERAL PLAN INTERPRETATION

The general plan shall be applied and interpreted under the direction of the planning director. Where disputes arise over the interpretation of general plan policies or mapping designations, such interpretation shall be resolved by a majority vote of the county council, after a recommendation by the planning commission based on a report by the planning department and a public hearing. County council determinations may be appealed to the district court in accordance with the appeal procedures. 

HISTORY
Adopted by Ord. 2002 Code § 16.03.03 on 1/1/2002
Amended by Ord. 09-16 on 2/25/2010

16.03.04: GENERAL PLAN AMENDMENT

A. Amendment Initiation: A general plan amendment may be initiated by:

  1. A resolution of intention by the county legislative body or the planning commission;
  2. An application by a property owner, an interested party having the owner's authorization, or any member of the general public. The deadline for such General Plan amendment applications to be submitted to the planning department is by July 15, of any given year for the recommendation by the planning commission. After July 15, the item may not be entertained until the following year, unless the matter was continued in a public meeting of the planning commission prior to July 15.

B. Amendment Frequency: Proposed amendments to the general plan will only be considered by the county legislative body once each calendar year in November. All general plan amendments shall be effective January of the following year when the general plan is updated, however applicants can pursue development approvals prior to January if approval to the new general plan  has been granted.

  1. The county legislative body may propose and authorize the expedited enactment of an amendment to the general plan by requiring the planning commission, the planning director to only follow the minimum requirements under the Utah Code to amend the general plan if the county legislative body finds that expedited enactment of amendment to the general plan is necessary, the planning director, planning commission, and other necessary county personnel shall act with haste, and are hereby authorized to follow the minimum requirements of the State Code, to recommend an amendment to the general plan, or to decline to recommend the proposed amendment after holding a properly noticed public hearing. 

C. Consistency of Land Use: When a general plan amendment is approved by the county legislative body and the amendment affects the land use designation of specific properties, those properties shall be concurrently rezoned to a zoning district as necessary to maintain consistency with the general plan. 

HISTORY
Adopted by Ord. 2002 Code § 16.03.04 on 1/1/2002
Amended by Ord. 2005-18 on 3/9/2006
Amended by Ord. 17-08 on 8/2/2017
Amended by Ord. 21-15 on 10/22/2021

16.03.05: APPLICATION PROCEDURES

  1. Application: Application to amend the general plan shall be accompanied by a written description of the proposed amendment, the reasons for the request, and any supporting information as may be available, appropriate or requested by the planning director to process the application. General plan amendments for specific properties shall be accompanied by an application to rezone the property to a zoning district consistent with the proposed amendment.
  2. Fees: Applications for general plan amendments shall be processed on a full cost recovery basis, in accordance with the Wasatch County ordinance setting fees.
  3. Processing Agency: General plan amendments shall be processed by planning department staff and/or by a consultant working under contract with the department.
  4. Physical Constraints Analysis: A general plan amendment shall require a physical constraints analysis to be submitted with the application. The planning department may waive this requirement if the requested changes are minor and have no significant environmental impact. 

HISTORY
Adopted by Ord. 2002 Code § 16.03.05 on 1/1/2002

16.03.06: NOTIFICATION PROCESS

Notice of a proposed amendment to the general plan shall be consistent with the requirements of state law. 

HISTORY
Adopted by Ord. 2002 Code § 16.03.06 on 1/1/2002

16.03.07: PLANNING COMMISSION ACTION

Before consideration by the county legislative body, the planning commission shall hold a public hearing to review the proposed general plan amendment and provide a recommendation for or against the amendment. The recommendation of the planning commission to the county legislative body for or against the proposed amendment shall include the following:
  1. The reasons for the recommendation;
  2. A statement of the consistency of the proposal to the other parts of the adopted general plan;
  3. A statement of findings regarding any environmental impacts. 

HISTORY
Adopted by Ord. 2002 Code § 16.03.07 on 1/1/2002
Amended by Ord. 09-16 on 2/25/2010

16.03.08: COUNTY LEGISLATIVE BODY ACTION

  1. Public Hearing: After receiving the planning commission recommendation, the county legislative body shall hold a public hearing on the proposed amendment after giving notice as required by state law. The public hearing shall be set for the November public hearing of the general plan amendments.
  2. Action On Planning Commission Recommendation: The county legislative body may approve, modify or disapprove the planning commission recommendation; provided, that any substantial modification, not previously considered by the planning commission, shall be referred to the planning commission for a report and recommendation.
  3. Referral: If the county legislative body initiates an amendment to the general plan, the proposed amendment shall first be referred to the planning commission for a report. The planning commission shall hold a public hearing after giving notice as required by state law and shall submit a report to the county legislative body. 

HISTORY
Adopted by Ord. 2002 Code § 16.03.08 on 1/1/2002
Amended by Ord. 09-16 on 2/25/2010

16.03.09: GENERAL PLAN CONSISTENCY

  1. Land Use Regulation: All land use regulations, including building, zoning, subdivision and environmental protection regulations, shall be consistent with the adopted general plan. No discretionary land use project, public or private, shall be approved by the county unless it is found to be consistent with the adopted general plan.
  2. Reviewing Department: The planning department is designated as the department authorized to review discretionary land use projects, public or private, and to make findings regarding whether such projects are consistent with the general plan. 

HISTORY
Adopted by Ord. 2002 Code § 16.03.09 on 1/1/2002
Amended by Ord. 09-16 on 2/25/2010

17-08

21-15