West Point City Zoning Code

17.20 Land

Use Decision Making Bodies and Officials

17.20.010 Zoning administration.

A. Purpose and Intent. The purpose of this section is to establish regulations and procedures for the processing and consideration of applications allowed by this land use code and designating the land use authority as the community development director, or designee, the planning commission and the city council as follows:

B. Reviewing Bodies and Noticing Requirements. For each type of application, the following official roles and decision-making responsibility/authority is listed for each land use authority. In addition, the type of meeting by type of application is listed. UCA Section 10-9a-200 et seq. sets the noticing requirements by law. General plan related public hearings have different requirements than regular public hearings. A public meeting is a meeting that is open to the public, with public comment at the discretion of the land use authority (the reviewing body). A public hearing is a meeting that is open to the public and public comment is encouraged. The type of meeting is determined by the type of application and the reviewing body/land use authority it is before. The community development director (CDD) or designee, the appeal authority (AA), the planning commission (PC), and the city council (CC) acting as land use authorities each have the following primary responsibility/authority to review applications for compliance with this chapter:

1. Requirements Fulfilled Prior to Activity. No use, development or development activity may be commenced until all necessary approvals, permits and licenses have been issued in accordance with the provisions of this title, and all required fees have been paid by the applicant.

a. Record of Final Decision. After hearing the evidence and considering the application, the approving land use authority (planning commission, community development director or designee, hearing officer, and city council on land use applications) shall make its written findings and have them entered in the minutes.

b. Notice of Decision. Upon a decision by the approving authority, a notice of decision shall be mailed to the applicant at the address or email address given in the application. A notice of decision can be a new written notice, a copy of the administrative approval form signed by the community development director or designee, or a copy of the approved minutes. A decision by the approving authority is final at the time the notice of decision is issued in writing. If a notice of decision is not sent, the decision shall be final on the date the minutes from the meeting are approved by the approving authority. Decisions are subject to requirements and conditions stated in the meeting minutes.

3. Appeals. Appeals from administrative decisions shall be submitted to the planning department not more than 10 calendar days after the date of the written notice of decision. Appeals from administrative decisions shall be heard and decided as outlined in WPCC 17.20.040.

a. Sixty-Day Limitation – Extension. If a request of the community development director has not been responded to within 60 days of the written request, the application may be terminated. The community development director may extend this deadline, or reinstate the application upon request by the applicant, if substantiated reasons are provided such as financial, legal, material or labor shortages, or circumstances clearly preventing the applicant from responding.

b. Construction, Development Within One Year. An application will be considered null and void if substantial construction or development has not occurred in connection with the application within one year of final approval. “Substantial construction or development” is defined as demolition, elimination, and removal of an existing structure preparatory to new construction, or the incorporation of labor and materials in the foundation of a building or buildings.

c. Resubmission Upon Termination. Should the application be terminated, the applicant shall be required to resubmit the application and shall satisfy all requirements in place at the time of resubmission, including the payment of fees. [Ord. 08-17-2021B § 2 (Exh. A)].

17.20.020 Zoning administrator.

1. The community development director or designee shall act as the zoning administrator.

2. The zoning administrator shall be authorized to make reviews and approvals as set forth herein.

B. Enforcement. All department officials and public employees of West Point City who are vested with the duty or authority to issue permits shall conform to the provisions of this title and shall issue no permit, certificate, or license for uses, buildings, or purposes in conflict with the provisions of this title, and any such permit, certificate, or license issued in conflict with the provisions of this title, intentionally or otherwise, shall be null and void.

1. The zoning administrator is hereby authorized to inspect or cause to be inspected all buildings and structures in the course of construction, modification, or repair and to inspect land uses to determine compliance with the provisions of this title.

2. The zoning administrator or designee shall have the right to enter any building for the purpose of determining the use thereof or to enter the premises for the purpose of determining compliance with the provisions of this title; provided, that such right of entry shall be exercised only at reasonable hours.

1. Review Process for Administrative Decisions. The community development director is charged with the administration of the provisions of this title. The director, or their designee, is designated as the land use authority to deny, approve, or approve with conditions an application for the following administrative applications (see WPCC 17.60.050).

2. Denial of Permit. The community development director may deny an application for an administrative approval if the use fails to comply with specific standards set forth in the city code or if any of the required findings are not supported by evidence in the record as determined by the director.

3. Courtesy Public Notice. The administrative approval process may include a courtesy public notice to provide an opportunity for comments from adjacent property owners.

E. Administrative Procedures and Required Certificates and Permits. In order to secure compliance with the provisions of this title, and for such specific purposes as are set forth below, the following certificates, reviews, approvals and appeals are hereby established: zoning review, building permit, conditional use permit, site plan approval, performance standards review and certificate of occupancy. One or more such certificates, permits, reviews, or approvals are required for any structure or use as set forth elsewhere herein. The procedure and requirements for the issuance of such certificates and permits and the accomplishment of such reviews, approvals, and appeals are set forth herein.

F. Application. Application for all certificates, permits, reviews, approvals, and appeals shall be made to the zoning administrator. Applications shall be made on the respective forms provided and shall be accompanied by the fee and documents set forth herein.

G. Fees. The fee for each certificate, permit, variance, approval, or review shall be as established from time to time by resolution of the city council.

H. Zoning Review. The application for a building permit shall be accompanied by a plot plan showing the lot lines and dimensions and locations of structures and improvements and all other data necessary to show that yard requirements and all other provisions of this title are fulfilled. The zoning administrator shall review the plot plan and if he finds that the building and premises and the use thereof conform with all requirements of this title, he shall so indicate by official signature on the building permit.

1. From the time of the effective date of the ordinance codified in this title, the building inspector shall not grant a permit for the construction or alteration of any building or structure if such construction or alteration would be in violation of any of the provisions of this title; nor shall any municipal officer grant any permit or license for the use of any building or land if such use would be in violation of this title.

2. The building inspector shall not issue any permit unless:

a. The plans of and for the proposed erection, construction, reconstruction, alteration and use fully conform to all zoning regulations in effect for the zone in which such building or use is proposed;

b. All review procedures in this title have been completed; and

c. All fees for documents and reviews have been paid.

1. No land shall be used or occupied, and no building hereinafter structurally altered or erected shall be used or changed in use, except for agricultural purposes, until a certificate of occupancy shall have been issued by the zoning administrator, stating that the building or the proposed use thereof, or the use of the land, complies with the provisions of this title.

2. A like certificate shall be issued for the purpose of maintaining, renewing, changing, or extending a nonconforming use.

3. A certificate of occupancy, either for the whole or part of a building, shall be applied for coincidentally with the application for a building permit, and shall be issued within 10 days after the erection or structural alteration of such building, or part of building, shall have been completed in conformity with the provisions of this title and other applicable regulations.

1. Unless a longer time is specifically set forth at the time of issuance of the certificate, or unless an extension is granted by the issuing agency prior to expiration, each certificate or approval issued as set forth herein, and pursuant to which no construction is undertaken or work done, shall expire after 60 days.

2. Failure to comply fully with the terms of any special certificate or approval may be grounds for cancellation. Action to cancel any certificate or approval may be taken on proper grounds by the person or agency which issued it. No certificate or approval shall be canceled until after a hearing has been afforded the permittee. Not less than 10 days’ notice of a hearing on intention to cancel a certificate or approval shall be given such permittee. An action canceling a certificate or approval by the zoning administrator or planning commission shall be appealable in the same manner as the original action.

L. Development to Be in Accordance With Terms of Certificate. Upon issuance of any special certificate or approval as provided herein, the zoning administrator shall require that the development or operation in question proceed only in accordance with the terms of such special certificate including any requirements or conditions established as a condition of the issuance of such certificate or approval of plans. No building permit required in connection with such proposed development or operation shall be issued until all permits, reviews, or approvals required by this title have been secured. Except as specifically provided herein, the securing of one required review or approval shall not exempt the recipient from the necessity of securing any other review or approval required in the particular case. [Ord. 08-17-2021B § 2 (Exh. A)].

17.20.030 Planning commission powers and duties.

1. The West Point City planning commission is hereby established. The commission shall consist of seven members, all of whom shall be residents of the city. Members shall be selected from different professional and vocational backgrounds insofar as possible.

2. Members of the planning commission shall receive approved expenses such as per diem compensation based on necessary and reasonable expenses and on meetings attended.

1. The term of office for each appointed member shall be three years and shall expire on December 31st or when the successor is appointed thereafter. Two terms of office shall expire each year with three terms expiring every third year. Appointment of members to the commission shall be made by the mayor with the advice and consent of the city council. Appointments to fill vacancies shall be made at any time to fill the unexpired term of any member.

2. Vacancies shall be promptly filled in the same manner as the original appointment for the remainder of the unexpired term. An unexpired term shall not be counted toward the maximum number of terms. The mayor, with the advice and consent of the city council, may appoint up to two alternate members to the planning commission for a term not to exceed three years.

C. Removal. Members of the planning commission may be removed from office by the mayor with the advice and consent of the city council for misconduct, nonperformance of duty or failure to uphold the provisions of this title.

D. Powers and Duties. The planning commission shall act as the land use authority as follows:

1. Prepare and recommend a general plan and amendments to the general plan to the city council.

2. Prepare and recommend zoning ordinances and maps, and amendments to zoning ordinances and maps, to the city council.

3. Administer provisions of the zoning ordinance, where specifically provided for in the zoning ordinance.

4. Prepare and recommend subdivision ordinances and amendments to those subdivision ordinances to the city council that regulate the subdivision of land in West Point City.

5. Recommend approval or denial of subdivision applications as provided in Chapter 17.130 WPCC.

6. Approve permitted use site plans when they comply with the city ordinances.

7. Approve, approve with conditions, or deny certain conditional use permits.

8. Advise the city council on matters as the city council directs and hear or decide any matters that the city council designates, including those powers authorized by state law.

9. Exercise any other powers that are necessary to enable the planning commission to perform its functions as delegated to it by the city council.

E. Organization. The planning commission shall adopt such rules that it deems necessary for the conduct of its proceedings. Meetings of the commission shall be held at the call of the chairperson and at such times as the planning commission may determine. [Ord. 08-17-2021B § 2 (Exh. A)].

17.20.040 Appeal authority duties.

1. The mayor shall appoint the appeal authority with the advice and consent of the city council. The appeal authority shall either be law trained or have significant experience with land use laws and the requirements and operations of administrative hearing processes.

2. The term of office shall be two years unless otherwise agreed upon in writing by both parties.

3. The appeal authority may be removed by the mayor for violation of this title or any policies and procedures adopted by the community development director following receipt by the mayor of a written complaint filed against the appeal authority. If requested by the appeal authority the mayor shall provide the appeal authority with a public hearing conducted by a hearing officer appointed by the mayor.

4. The mayor with the advice and consent of the city council shall fill any vacancy. The person appointed shall serve for the unexpired term of the member whose office is vacant.

5. The appeal authority shall receive compensation based on an agreement with the city manager.

B. Organization and Procedures. The community development director shall adopt policies and procedures, consistent with the provisions of this section, for processing appeals, variances and requests for reasonable accommodations for persons with disabilities, the conduct for such hearings, and for any other purpose considered necessary to properly consider these applications.

C. Powers and Duties. The appeal authority shall hear and decide:

1. Appeals from zoning decisions applying the zoning ordinance.

2. Variances from the terms of the zoning ordinance.

3. Requests for reasonable accommodations for persons with a disability.

1. The applicant or any other person or entity adversely affected by a decision administering or interpreting the zoning ordinance may appeal that decision applying the zoning ordinance by alleging that there is error in any order, requirement, decision, or determination made by an official in the administration or interpretation of the zoning ordinance.

2. Any officer, department, board, or bureau of the city affected by the grant or refusal of a building permit or by any other decisions of the administrative officer in the administration or interpretation of the zoning ordinance may appeal any decision to the appeal authority.

3. Appeal applications shall be submitted to the community development department within 10 calendar days from the date the notice of decision was granted (see WPCC 17.20.010(B)).

4. The community development department shall send the appeal authority all material constituting the record of the action which is appealed.

5. The person or entity making the appeal has the burden of proving that an error has been made.

6. An appeal authority’s land use decision is a quasi-judicial act. The appeal authority shall find whether an error has been made. The board shall review the matter de novo, without deference to the land use authority’s determination of factual matters. The appeal authority may affirm, reverse, or modify the action appealed from as it seems just and equitable and exercise all rights of any other officer or commission. The appeal authority shall:

a. Determine the correctness of the land use authority’s interpretation and application of the plain meaning of the land use regulations; and

b. Interpret and apply a land use regulation to favor a land use application unless the land use regulation plainly restricts the land use application.

7. Only administrative zoning decisions applying the zoning ordinance may be appealed to the appeal authority. Appeals may not be used to waive or modify the terms or requirements of this title.

1. Any person or entity desiring a waiver or modification of the requirements of this title as applied to a parcel of property that he owns, leases, or in which he holds some other beneficial interest may apply to the appeal authority for a variance from the terms of this title.

2. The appeal authority may grant a variance only if all five of the following conditions are met:

a. Literal enforcement of this title would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of this title;

b. There are special circumstances attached to the property that do not generally apply to other properties in the same zone;

c. Granting the variance is essential to the enjoyment of a substantial property right possessed by other properties in the same zone;

d. The variance will not substantially affect the general plan and will not be contrary to the public interest; and

e. The spirit of this title is observed and substantial justice done.

3. In determining whether or not enforcement of this title would cause unreasonable hardship under subsection (E)(2)(a) of this section, the appeal authority may not find an unreasonable hardship unless the alleged hardship is located on or associated with the property for which the variance is sought; and comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood.

a. In determining whether or not enforcement of this title would cause unreasonable hardship under subsection (E)(2)(a) of this section, the appeal authority may not find an unreasonable hardship if the hardship is self-imposed or economic.

4. In determining whether or not there are special circumstances attached to the property under subsection (E)(2)(a) of this section, the appeal authority may find that special circumstances exist only if the special circumstances:

a. Relate to the hardship complained of; and

b. Deprive the property of privileges granted to other properties in the same zone.

5. The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met.

6. Variances run with the land.

7. The appeal authority and any other body may not grant use variances.

8. In granting a variance, the appeal authority may impose additional requirements on the applicant that will:

a. Mitigate any harmful effects of the variance; or

b. Serve the purpose of the standard or requirement that is waived or modified.

1. Record of Final Decision. After hearing the evidence and considering the application, the appeal authority shall make its written findings and have them entered in the minutes.

2. Notice of Decision. Upon a decision by the appeal authority, a notice of decision shall be mailed to the applicant at the address or e-mail address given in the application.

G. Stay of Decision. The appeal authority may stay the issuance of any permits or approvals based on its decision for 30 days or until the decision of the district court in any appeal of the decision.

H. District Court Review. Any person adversely affected by any decision of the appeal authority may petition the district court for a review of the decision. (UCA Section 10-9a Part 8 et seq.) [Ord. 08-17-2021B § 2 (Exh. A)].