West Point City Zoning Code

17.00 Administration

and Enforcement

17.00.010 Short title.

This title shall be known as the land use and development code or the “code” of West Point City and may be so cited and pleaded. Said title shall be referred to herein as “this title,” and the chapters and sections hereinafter referred to shall be chapters and sections of this title. [Ord. 08-17-2021B § 2 (Exh. A)].

17.00.020 Purpose.

This title and the regulations and restrictions contained herein are adopted and enacted for the purpose of enacting the rules and regulations for land use in West Point. The general plan is the foundation for establishing goals, purposes, and activities allowed on each land parcel to provide compatibility and continuity to the entire region as well as each individual neighborhood for the present and future inhabitants of West Point City. The general plan sets a future vision for the city and the zoning implements that vision. The land use and development code is adopted to implement the evolving objectives of the general plan and the following goals:

A. To encourage and facilitate the orderly growth and development of the city.

B. To provide adequate open space for light and air, to prevent overcrowding of the land, and to lessen congestion on the streets.

C. To secure economy in municipal expenditures, to facilitate adequate provision for transportation, water, sewage, schools, parks and other public facilities and services.

D. To increase the security of home life and preserve and create a more favorable environment for the citizens and visitors of West Point City.

E. To secure safety from fire and other dangers.

F. To stabilize and improve property values.

G. To enhance the economic and cultural well-being of the inhabitants of West Point City.

H. To promote the development of a serviceable and attractive city resulting from an orderly, planned use of resources and infrastructure. [Ord. 08-17-2021B § 2 (Exh. A)].

17.00.030 Intent.

It is hereby declared to be the intent of the city council of West Point City that this title and the regulations set forth herein shall be so construed as to further the purpose of this title and promote the objectives and characteristics of the respective zone. [Ord. 08-17-2021B § 2 (Exh. A)].

17.00.040 Effect on previous ordinances and maps.

The existing ordinances of West Point City covering planning and the zoning of areas 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; provided, however, that this title, including the attached maps, shall be deemed a continuation of previous ordinances, and not a new enactment, insofar as the substance of revisions of previous ordinances are included in this title, whether in the same or in different language; and this title shall be so interpreted upon all questions of construction, including but not limited to questions of construction relating to tenure of officers and boards established by previous ordinances and to questions of conforming or nonconforming uses, buildings or structures, and to questions as to the dates upon which such uses, buildings, or structures became conforming or nonconforming. [Ord. 08-17-2021B § 2 (Exh. A)].

17.00.050 Interpretation.

In interpreting and applying the provisions of this title, the requirements contained herein are declared to be the minimum requirements for the purposes set forth. The community development director shall act as the land use authority to interpret this title to members of the public, city departments, and to other branches of government, subject to general and specific policies established by the planning commission and city council. Upon request, the community development director shall make a written interpretation of the text of this title. [Ord. 08-17-2021B § 2 (Exh. A)].

17.00.060 Conflict.

This title shall not nullify the more restrictive provisions of covenants, agreements, or other ordinances or laws, but shall prevail notwithstanding such provisions which are less restrictive. All federal and state laws shall apply. [Ord. 08-17-2021B § 2 (Exh. A)].

17.00.070 Nuisance and abatement.

Any building or structure erected, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this title, and any use of any land, building, or premises established, conducted, or maintained contrary to the provisions of this title, shall be, and the same hereby is declared to be unlawful and a public nuisance, and the city attorney of West Point City shall, upon request of the city manager, immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law, and shall take other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building or structure, and restrain and enjoin any person, firm, or corporation from erecting, building, maintaining, or using any such building or structure or using property contrary to the provisions of this title. The remedies provided for herein shall be cumulative and not exclusive. [Ord. 08-17-2021B § 2 (Exh. A)].

17.00.080 Penalties.

Any person, firm, or corporation, whether as principal agent, employed 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. Such person, firm, or corporation shall be deemed to be guilty of a separate offense for each and every day during which any portion of any violation of this title is committed, continued, or permitted by such person, firm, or corporation, and shall be punishable as herein provided. [Ord. 08-17-2021B § 2 (Exh. A)].

17.00.090 Amendments to land use regulations and the general plan.

A. The city council, after a recommendation from the planning commission, may amend the number, shape, boundaries, or area of any zone; any regulation of or within the zone; the general plan, or any other provisions of this title.

B. Amendments may be initiated by the city council, the planning commission, or by one or more owners of property affected by the proposed amendment. Unless initiated by the city council or planning commission, no amendment shall be considered without evidence of the acquiescence therein of the owners of the property involved.

C. The city council shall only accept applications to amend the general plan twice a year, during the months of March and September. This section shall not limit the city council, planning commission, or authorized city staff from initiating a general plan amendment at any time.

D. The amendments may only occur in accordance with the following procedures:

1. Submission. Any person, including staff, the planning commission or city council, seeking an amendment to this title, the zoning map or the general plan shall submit to the planning commission, on application forms provided by the city, generally including the following:

a. A description of the specific amendment to this title or zoning map.

b. The reason and justification for the proposed amendment addressing all of the following:

i. How the proposed amendment would further the purpose and intent of this title;

ii. How the proposed zoning amendment is consistent with the general plan;

iii. How the proposed amendment meets the needs and policy of the city as expressed by the legislative body in stated goals and objectives found in the general plan; and

iv. If the proposed amendment is inconsistent with the general plan, the applicant shall submit, concurrently with the amendment application, an application for amendment to the general plan.

2. Supporting documentation, maps, conceptual site plans, elevations of proposed buildings, studies and any other information that would promote informed decision-making by the city council.

3. The payment of the appropriate fee in accordance with the city fee schedule.

4. Upon receipt of the application, the planning commission, in its regularly scheduled meeting, shall conduct a public hearing and receive information from the applicant and other interested parties, which may affect the request for amendment. The planning commission, after consideration of this information, shall make a recommendation to the city council on the proposed amendment.

5. Noticing Requirements. All amendments to the general plan, zoning map, or land use regulations require public notice in accordance with state and local law.

a. For public hearings on zoning map amendments conducted by the planning commission, notice shall be mailed to all property owners of record within a 300-foot radius of the subject property at least 10 days prior to the hearing. The notice shall include information about the time, place, and purpose of the hearing.

b. All noticing requirements shall comply with Sections 10-9a-204 and 10-9a-205, Utah Code Annotated 1953, as amended.

c. The mailed notice requirement applies only to hearings conducted by the planning commission and does not apply to hearings conducted by the city council.

6. A copy of any proposed amendment shall be submitted to the city council and shall be accompanied by the recommendations of the planning commission.

7. After receipt of a copy of any amendment from the planning commission and before adopting any amendment, the city council shall set the matter for public hearing.

8. After the public hearing, the city council may:

a. Adopt the amendment as proposed;

b. Modify the amendment and adopt or reject the amendment; or

c. Reject the amendment.

E. In case an application for a change of zone is denied, a new application for the same zoning change affecting the same property shall not be eligible for reconsideration for one year subsequent to such denial.

F. City council denial of an application to amend the general plan shall preclude a person from filing another application covering substantially the same subject or property, or any portion thereof, for one year from the date of the disapproval. This section shall not limit the city council, planning commission, or authorized city staff from initiating a general plan amendment at any time.

1. In order to provide more specific land use designations and land development suitability, to ensure that proposed development is compatible with surrounding neighborhoods, and to provide notice to property owners of limitations and requirements for development of property, conditions may be attached to any zoning map amendment which limit or restrict the following:

a. Uses;

b. Dwelling unit density;

c. Building square footage; and

d. Height of structures.

2. A zoning map amendment attaching any of the conditions set forth in subsection (G)(1) of this section shall be designated “ZC” after the zoning classification on the zoning map.

3. If any zoning condition is declared invalid by a court of competent jurisdiction, then the entire zoning map amendment shall be void. Any deletion in or change to a zoning condition shall be considered an amendment to this title and shall be subject to the requirements of this chapter.

4. The attachment of conditions to any zoning map amendment shall not affect the applicability of the requirements of any conditional use. [Ord. 12-03-2024C § 1 (Exh. A); Ord. 12-21-2021A § 1 (Exh. A); Ord. 08-17-2021B § 2 (Exh. A)].

17.00.100 City compliance.

The city is bound by the terms and standards of applicable land use ordinances and shall comply with mandatory provisions of those ordinances. [Ord. 08-17-2021B § 2 (Exh. A)].

17.00.110 Temporary regulations.

A. The city council may, without prior consideration of or recommendation from the planning commission, enact an ordinance establishing a temporary land use regulation for any part or all of the area within the municipality if:

1. The legislative body makes a finding of compelling, countervailing public interest; or

2. The area is unregulated.

B. A temporary land use regulation under subsection (A) of this section may prohibit or regulate the erection, construction, reconstruction, or alteration of any building or structure or any subdivision approval.

C. A temporary land use regulation under subsection (A) of this section may not impose an impact fee or other financial requirement on building or development.

D. The city council shall establish a period of limited effect for the ordinance not to exceed six months. [Ord. 08-17-2021B § 2 (Exh. A)].

17.00.120 Exactions.

The city may impose an exaction or exactions on proposed land use development if:

A. An essential nexus exists between a legitimate governmental interest and each exaction; and

B. Each exaction is roughly proportionate, both in nature and extent, to the impact of the proposed development. [Ord. 08-17-2021B § 2 (Exh. A)].

17.00.130 Vested rights.

An applicant is entitled to approval of a land use application if:

A. The application conforms to the requirements of the zoning map and applicable land use ordinance in effect when a complete application is submitted and all fees have been paid, unless:

1. The governing body, on the record, finds that a compelling, countervailing public interest would be jeopardized by approving the application; or

2. In the manner provided by local ordinance and before the application is submitted, the municipality has formally initiated proceedings to amend its ordinances in a manner that would prohibit approval of the application as submitted.

B. The city shall process an application without regard to proceedings initiated to amend the municipality’s ordinances if:

1. One hundred eighty days have passed since the proceedings were initiated; and

2. The proceedings have not resulted in an enactment that prohibits the approval of the application as submitted.

3. An application for a land use approval is considered submitted and complete when the application is provided in a form that complies with the requirements of applicable ordinances and all applicable fees have been paid.

C. The continuing validity of an approval of a land use application is conditioned upon the applicant proceeding after approval to implement the approval with reasonable diligence. The city shall not impose on a holder of an issued land use permit a requirement that is not expressed in the land use permit or in documents on which the land use permit is based or in the city ordinances.

D. The city will not withhold issuance of a certificate of occupancy because of an applicant’s failure to comply with a requirement that is not expressed in the building permit or in documents on which the building permit is based or in the city ordinances.

E. The city is bound by the terms and standards of applicable land use ordinances and shall comply with mandatory provisions of those ordinances. [Ord. 08-17-2021B § 2 (Exh. A)].

17.00.140 Private property protection procedures.

A. Policy Considerations. The city favors the careful consideration of matters involving constitutional taking claims as defined by the Private Property Protection Act (hereinafter referred to as the “Act”). The legitimate role of government in lawfully regulating real property must be preserved and the public’s right to require the dedication or exaction of property must be consistent with the Constitution. It is desired that a procedure be established for the review of actions that may involve the issue of a constitutional taking. This section shall assist the city in considering decisions that may involve constitutional takings. This section is intended to provide a means for review of claims by citizens that a specific city action should require payment of just compensation yet preserve the ability of the city to regulate real property and fulfill its other duties and functions.

1. “Constitutional taking” means actions by the city involving the physical taking or exaction of private real property that might require compensation to a private real property owner because of:

a. The Fifth or Fourteenth Amendment to the Constitution of the United States;

b. Article I, Section 22, of the Utah Constitution;

c. Any recent court rulings applicable to the physical taking or exaction of private real property by a government entity.

2. Actions by the city involving the physical taking or exaction of private real property is not a constitutional taking if the physical taking or exaction:

a. Bears a reasonable nexus to a legitimate governmental interest; and

b. Is roughly proportionate and reasonably related, on an individualized property basis, both in nature and extent, to the impact of the proposed development on the legitimate government interest.

3. This chapter does not apply when the city formally exercises its power of eminent domain.

C. Guidelines Advisory. The guidelines adopted and decisions rendered pursuant to the provisions of this chapter are advisory only and shall not be construed to expand or limit the scope of the city’s liability for a constitutional taking.

D. Review of Decision. Any owner of private real property who claims there has been a constitutional taking of private real property may request a review of a final decision of any officer, employee, board, commission, or council of the city. The following are specific procedures established for such review:

1. The person requesting a review (hereinafter referred to as the “appellant”) must have obtained a final and authoritative determination, internally, within the city relative to the decision from which the review is requested.

2. Within 30 days from the date of the final decision that gave rise to the concern that a constitutional taking has occurred, the appellant shall file, in writing, in the office of the city recorder a request for review of that decision. A copy shall also be filed with the city manager and the city attorney.

3. The city council shall immediately set a time to review the decision that gave rise to the constitutional takings claim.

4. In addition to the written request for review, the appellant must submit, prior to the date of the review, the following:

a. Name of the appellant;

b. Name and business address of the current owner of the property, form of ownership, and if owned by a corporation, partnership, or joint venture, name and address of all principal shareholders or partners;

c. A detailed description of the grounds for the claim that there has been a constitutional taking;

d. A detailed description of the property alleged to have been taken;

e. Evidence and documentation as to the value of the property taken, including the date and cost at the date the property was acquired. This should include any evidence of the value of that same property before and after the alleged constitutional taking, the name of the party from whom purchased, including the relationship, if any, between the appellant and the party from whom the property was acquired;

f. Nature of the protectable interest claimed to be affected, such as, but not limited to, fee simple ownership, leasehold interest;

g. Terms (including sale price) of any previous purchase or sale of a full or partial interest in the property in the three years prior to the date of application;

h. All appraisals of the property prepared for any purpose, including financing, offering for sale, or ad valorem taxation, within the three years prior to the date of application;

i. The assessed value of any ad valorem taxes on the property for the previous three years;

j. All information concerning current mortgages or other loans secured by the property, including name of the mortgagee or lender, current interest rate, remaining loan balance and term of the loan and other significant provisions, including, but not limited to, right of purchasers to assume the loan;

k. All listings of the property for sale or rent, price asked and offers received, if any, within the previous three years;

l. All studies commissioned by the appellant or agents of the appellant within the previous three years concerning feasibility of development or utilization of the property;

m. For income-producing property, itemized income and expense statements from the property for the previous three years;

n. Information from a title policy or other source showing all recorded liens or encumbrances affecting the property; and

o. The city council may request additional information reasonably necessary, in its opinion, to arrive at a conclusion concerning whether there has been a constitutional taking.

p. An appeal shall not be deemed to be perfected until the city recorder certifies to the appellant that all the materials and information required have been received by the city. The city recorder shall promptly notify the appellant of any incomplete application.

5. The city council shall hear all the evidence related to and submitted by the appellant, city, or any other interested party.

6. A final decision shall be rendered within 14 days from the date the complete application for review has been received by the city recorder. The decision of the city council regarding the results of the review shall be given in writing to the appellant and the officer, employee, board, commission or council that rendered the final decision that gave rise to the constitutional taking claim.

7. If the city council fails to decide the claim within 14 days, the decision appealed from shall be presumed to be approved.

E. Reviewing Guidelines. The city council shall review the facts and information presented by the appellant to determine whether or not the action by the city constitutes a constitutional taking as defined in this chapter. In doing so, the council shall consider:

1. Whether the physical taking or exaction of the private real property bears an essential nexus to a legitimate governmental interest.

2. Whether a legitimate governmental interest exists for the action taken by the city.

3. Whether the property and exaction are roughly proportionate and reasonably related, on an individual property basis, both in nature and extent, to the impact caused by the activities that are the subject of the decision being reviewed.

F. Results of Review. After completing the review, the city council shall make a written recommendation to the officer, employee, board, commission or council that made the decision that gave rise to the constitutional takings claim. [Ord. 08-17-2021B § 2 (Exh. A)].

17.00.150 Eminent domain guidelines.

Whenever the city determines that there is a need to exercise the right and power of eminent domain for the purpose of acquiring any interest in real property, the following guidelines shall be followed by the city, whenever desirable:

A. Site Selection. The city administration shall explore all feasible sites and determine which site will best meet the needs of the city.

B. Title Report. Once a primary site has been selected, a preliminary title report should be obtained for review by the city attorney.

C. Engineering Evaluation. Whenever appropriate, the primary site shall be reviewed by the city engineer to determine whether or not the site is suitable for the intended city purpose.

D. Appraisal Report. Whenever appropriate, the city administration shall obtain an appraisal of the primary site.

E. Local Government Contact. Whenever appropriate, the city shall contact the governmental entities which may be affected by the acquisition.

F. Final Evaluation. After all of the preceding steps have been taken, if appropriate, the city shall determine to proceed with the acquisition.

G. Contact With Owner. After a final site selection has been made, there may be contact with the property owner, when appropriate, for the purpose of attempting to negotiate a purchase of the site. Negotiations should consider special needs of the property owner. If a contract is negotiated with the owner, the contract should include all issues with the property owner and be reduced to writing, subject to approval by the city council.

H. Eminent Domain Proceedings. If the property cannot be acquired through negotiation or, if negotiation would not be in the best interest of the city, the city council should adopt a resolution directing the city attorney to acquire the property interest through the exercise of eminent domain. [Ord. 08-17-2021B § 2 (Exh. A)].

17.00.160 Impact fees.

A. Purpose. This section establishes the city’s impact fee policies and procedures and is promulgated pursuant to the requirements of the Utah Impact Fees Act. This section establishes or reenacts impact fees for public facilities within the respective service area, describes certain capital improvements to be funded by impact fees, provides a schedule of impact fees for differing types of land use development, and sets forth direction for challenging, modifying and appealing impact fees.

1. Executive Summary. A summary of the findings of the written impact fee analysis that is designed to be understood by a lay person is included in each of the impact fee facilities plans and impact fee analyses and demonstrates the need for impact fees to be charged. The impact fee facilities plans and impact fee analyses are available for review at City Hall. A copy of the executive summaries has been available for public inspection at least 10 days prior to the adoption of this chapter.

2. Written Impact Fee Analysis. The city has prepared impact fee facilities plans and impact fee analyses that identify the impacts upon public facilities required by the development activity and demonstrates how those impacts on system improvements are reasonably related to the development activity, estimates the proportionate share of the costs of impacts on system improvements that are reasonably related to the development activity and identifies how the impact fees are calculated. A copy of the impact fee facilities plans and impact fee analyses has been available for public inspection at least 14 days prior to the adoption of the ordinance codified in this chapter.

3. Proportionate Share Analysis. The city must prepare a proportionate share analysis which analyzes whether or not the proportionate share of the costs of future public facilities is reasonably related to new development activity. The proportionate share analysis must identify the costs of existing public facilities, the manner of financing existing public facilities, the relative extent to which new development will contribute to the cost of existing facilities and the extent to which new development is entitled to a credit for payment towards the costs of new facilities from general taxation or other means apart from user charges in other parts of the city. A copy of the proportionate share analysis is included in the impact fee facilities plans and impact fee analyses and has been available for public inspection at least 10 days prior to the adoption of this chapter.

1. The city council approves impact fees in accordance with the written impact fee analyses.

a. In calculating the impact fee, the city has included the construction costs, land acquisition costs, costs of improvements, fees for planning, surveying, and engineering services provided for and directly related to the construction of system improvements, and debt service charges if the city might use impact fees as a revenue stream to pay principal and interest on bonds or other obligations to finance the cost of system improvements.

b. The city has held the required public hearing and a copy of the ordinance adopting this chapter was available in its substantially final form at City Hall, 3200 West 300 North, and the city recorder’s office in the West Point City Hall at least 10 days before the date of the hearing, all in conformity with the requirements of Section 10-9a-205, Utah Code Annotated 1953.

c. This chapter adopting or modifying an impact fee will contain such detail and elements as deemed appropriate by the city council, including a designation of the service area within which the impact fees are to be calculated and imposed. The city service area will be the service area included in this analysis, which is defined as all of the areas within the corporate limits and jurisdictional boundaries of the city.

d. The standard impact fee may be adjusted at the time the fee is charged in response to unusual circumstances or to fairly allocate costs associated with impacts created by a development activity or project. The standard impact fee may also be adjusted to ensure that impact fees are imposed fairly for affordable housing projects, in accordance with the city’s affordable housing policy, and other development activities with broad public purposes. The impact fee assessed to a particular development may also be adjusted should the developer supply sufficient written information and/or data to the city showing a discrepancy between the fee being assessed and the actual impact on the system.

e. To the extent that new growth and development will be served by previously constructed improvements, the city’s impact fees may include public facility costs and outstanding bond costs related to the public facilities improvements previously incurred by the city. These costs may include all projects included in the impact fee facilities plan which are under construction or completed but have not been utilized to their capacity, as evidenced by outstanding debt obligations. Any future debt obligations determined to be necessitated by growth activity will also be included to offset the costs of future capital projects.

2. A developer, including a school district or charter school, may be allowed a credit against impact fees for any dedication of land for system improvements, a dedication of a public facility that will result in a reduced need for system improvements, or improvement to land or new construction of system improvements provided by the developer; provided, that it is (a) identified in the city’s impact fee facilities plan and (b) required by the city as a condition of approving the development activity. Otherwise, no credit may be given.

3. The city will establish separate interest-bearing ledger accounts for each type of public facility for which an impact fee is promulgated in accordance with the requirements of the Impact Fees Act and deposited in the appropriate ledger account. Interest earned on each fund or account shall be segregated to that account. Impact fees collected prior to the effective date of the ordinance codified in this chapter need not meet the requirements of this section.

a. At the end of each fiscal year, the city shall prepare a report on each fund or account generally showing the source and amount of all monies collected, earned and received by the fund or account and each expenditure from the fund or account.

b. The city may expend impact fees covered by the impact fee policy only for system improvements that are (i) public facilities identified in the city’s impact fee facilities plan and (ii) of the specific public facility type for which the fee was collected.

c. Impact fees collected pursuant to the requirements of this impact fees policy are to be expended, dedicated or encumbered for a permissible use within six years of the receipt of those funds by the city, unless the city council directs otherwise. For purposes of this calculation, the first funds received shall be deemed to be the first funds expended.

d. The city may hold previously dedicated or unencumbered fees for longer than six years if it identifies in writing (i) an extraordinary and compelling reason why the fees should be held longer than six years and (ii) an absolute date by which the fees will be expended.

4. The city shall refund any impact fees paid by a developer plus interest actually earned when (a) the developer does not proceed with the development activity and files a written request for a refund; (b) the fees have not been spent or encumbered; and (c) no impact has resulted. An impact that would preclude a developer from a refund from the city may include any impact reasonably identified by the city, including, but not limited to, the city having sized facilities and/or paid for, installed and/or caused the installation of facilities based in whole or in part upon the developer’s planned development activity even though that facility may, at some future time, be utilized by another development.

5. The impact fees authorized hereby are separate from and in addition to user fees and other charges lawfully imposed by the city and other fees and costs that may not be included as itemized component parts of the impact fee schedule. In charging any such fees as a condition of development approval, the city recognizes that the fees must be a reasonable charge for the service provided.

6. Unless the city is otherwise bound by a contractual requirement, the impact fee shall be determined from the fee schedule in effect at the time of payment.

7. The city will collect the impact fees at the time of building permit issuance. The fees will be calculated by the city.

8. Should any developer undertake development activities such that the ultimate density or other impact of the development activity is not revealed to the city, either through inadvertence, neglect, a change in plans, or any other cause whatsoever, and/or the impact fee is not initially charged against all units or the total density within the development, the city shall be entitled to charge an additional impact fee to the developer or other appropriate person covering the density for which an impact fee was not previously paid.

D. Impact Fee Facilities Plan. The city has developed an impact fee facilities plan for each public facility, when required by state law. The impact fee facilities plan has been prepared based on reasonable growth assumptions for the city and general demand characteristics of current and future users of the public facilities. Furthermore, the impact fee facilities plan identifies the impact on system improvements created by development activity and estimates the proportionate share of the costs of impacts on system improvements that are reasonably related to new development activity.

1. The fee schedules included in the impact fee analyses, as adopted by ordinance, and adopted herein by reference, represent the maximum impact fees which the city may impose on development within the defined service area and are based upon general demand characteristics and potential demand that can be created by each class of user. The city reserves the right as allowed by law to assess an adjusted fee to respond to unusual circumstances to ensure that fees are equitably assessed.

2. The city may decrease the impact fee if the developer can provide documentation that the proposed impact will be less than what could be expected given the type of user (Section 11-36a-402(1)(d), Utah Code Annotated 1953).

3. The city reserves the right to establish the impact fees, that were enacted by ordinance, by rate resolution or consolidated fee schedule. In no event will the impact fees established by resolution exceed the maximum supportable impact fee schedule.

1. The city may adjust the impact fees imposed pursuant to this chapter as necessary in order to:

a. Respond to unusual circumstances in specific cases;

b. Ensure that the impact fees are imposed fairly;

c. Ensure that the fee represents the proportionate share of the costs of providing such facilities which are reasonably related to and necessary in order to provide the services in question to anticipated future growth and development activities;

d. Allow credits against impact fees for dedication of land for improvement to or new construction of any system improvements which are identified in the capital facilities plan and required by the city as a condition of approving the development activity. No credits shall be given for project improvements. The determination of what constitutes a project improvement will, of necessity, vary somewhat depending on the specific facts and circumstances presented by the nature, size and scope of any particular development activity. All new development activity will be required to install site improvements and facilities which are reasonably necessary to service the proposed development at adopted level of service standards; and

e. Exempt low income housing and other development activities with broad public purposes from impact fees and establish one or more sources of funds other than impact fees to pay for that development activity.

2. The mayor or his designee shall have the authority to make such adjustments based upon reliable information submitted by an applicant and any recommendation from the city staff.

3. The mayor may enforce policies consistent with this chapter and any resolutions passed by the city council to assist in the implementation, administration and interpretation of this chapter related to impact fees.

4. If the applicant, person, or entity is not satisfied with the decision of the city, a further appeal may be made under the procedures set forth in Section 11-36a-703, Utah Code Annotated 1953. [Ord. 08-17-2021B § 2 (Exh. A)].

17.00.170 Development agreements.

The city council is hereby authorized to enter into a developers agreement with individuals and/or entities. The city council may require a developers agreement for any development, rehabilitation, reconstruction, or placement of improvements upon any property, for which a permit would be required, for the purpose of:

A. Addressing issues of the density of developments when required to balance competing interests.

B. Resolving issues regarding unique features or challenges confronting development.

C. Protecting sensitive lands.

D. Protecting public properties and interests.

E. Clarifying the application of code requirements or city standards.

F. Ensuring the adherence to the overall intent of the city code.

G. For any purpose consistent herewith or when mutually agreed upon with the developer. [Ord. 08-17-2021B § 2 (Exh. A)].