Division I. General Provisions
Chapter 18.05
GENERAL PROVISIONS AND PROCEDURES
Sections:
18.05.030 Authority, legislative intent and statement of purpose.
18.05.040 Conflict with other laws or ordinances.
18.05.050 Effect on previous ordinances and maps.
18.05.070 Creation of land use districts and zone map.
18.05.100 Permit procedure under this code.
18.05.110 Appearance before boards, commissions and councils.
18.05.120 Relation to prior development and subdivision ordinance.
18.05.130 Vesting of zoning rights.
18.05.140 Savings clause and continuation of prior ordinances.
18.05.150 Conflicts within this code.
18.05.010 Purpose.
This chapter describes the general rules and regulations necessary to effectively administer the City of Francis development code. Procedures for permitted use and conditional use applicants are defined. Code and zoning amendments, as well as appeal procedures and nonconforming uses, are explained in detail. Other important procedures and provisions are defined in this chapter as well. (Ord. 2016-09 § 1, 2016; Ord. 66, 1993.)
18.05.020 Short title.
This title and FCC Title 17 shall be known as the City of Francis development code, and is referred to herein as this code, this development code or the code. (Ord. 2016-09 § 1, 2016; Ord. 66 § 1.1, 1993.)
18.05.030 Authority, legislative intent and statement of purpose.
The City Council of Francis adopts the ordinance codified in this title and FCC Title 17 pursuant to the Municipal Land Use Development and Management Act, Title 10, Chapter 9a, Utah Code Annotated, and such other authorities and provisions of Utah statutory and common law that are applicable.
Unless otherwise specified in this title or FCC Title 17, the City Council shall serve as the land use authority pursuant to Utah law for all land use applications in the City.
This title and FCC Title 17 contain standards, provisions and requirements intended to protect the health, safety and welfare of the citizens of Francis by ensuring that neighbors and adjacent and neighboring properties are protected from potential negative impacts in developing and using a parcel of land. It is further the intent to provide a means of ensuring predictability and consistency in the use of land and guiding and directing the development of land to achieve a balance in realizing the desires of property owners and the citizens of Francis. The purpose of this title and FCC Title 17 is to:
1. Promote a living environment that is safe and pleasant for individuals and families who choose to live in or visit Francis.
2. Maintain current housing and neighborhoods and guide future residential development in a manner which enhances the current appeal of the City, rather than destroying the very atmosphere which makes Francis an attractive place to live.
3. Enhance economic resources and opportunities by encouraging commercial and/or institutional development which is compatible with the semi-rural residential nature of the City.
4. Provide for efficient traffic circulation that minimizes traffic volume on residential streets and provide nonmotorized transportation/recreation corridors.
5. Continue to provide for the necessary infrastructure such as water, sewer, and drainage needed for increased residential, commercial, and other development.
6. Provide facilities which allow for needed community services, including the efficient functioning of government, sense of community, and the health and recreation of the citizenry.
7. Enhance the unique beauty, visual and aesthetic qualities of the community, and preserve and provide access to the important natural features of the area including the nearby foothills, waterways, canyons, flora and fauna.
It is the intention of the City in adopting the ordinance codified in this title and FCC Title 17 to fully exercise all of the powers granted to the City by the provisions of the Utah Land Use and Management Act, Section 10-9a-1 et seq., Utah Code Annotated 1953, as amended, and all other powers granted by statute or by common law for the regulation of land uses and improvements. The intention of the City is to assure the managed, proper and sensitive/critical development of land within Francis and to protect and enhance the quality of rural life in general. This title and FCC Title 17 are intended to allow development in a manner that encourages the preservation of scenic values, the unique setting of Francis, and provide for well-planned commercial and residential centers, smooth traffic circulation, and efficient delivery of municipal services. This title and FCC Title 17 seek to prevent development impacted by existing geologic hazards, erosion, flooding, or other conditions that create potential dangers to life and safety in the community, or development that impacts critical wildlife habitats, or developments that detract from the quality of life in the community. (Ord. 2016-09 § 1, 2016; Ord. 66 § 1.2, 1993.)
18.05.040 Conflict with other laws or ordinances.
The provisions of this title and FCC Title 17 are in addition to all other City ordinances, laws of the state of Utah and United States, and applicable common law. This title and FCC Title 17 shall not supersede any private land use regulations in deeds or covenants which are more restrictive than this title and FCC Title 17. Whenever a conflict exists, the more restrictive provision shall apply to the extent allowed by law. (Ord. 2016-09 § 1, 2016; Ord. 66 § 1.3, 1993.)
18.05.050 Effect on previous ordinances and maps.
The existing zoning ordinances of Francis, including the official zoning map adopted with those ordinances, are hereby amended in their entirety to conform to the provisions of this title and FCC Title 17, providing that this title and FCC Title 17 are a continuation of those existing ordinances, and not a new enactment, insofar as the substance of the old and new provisions are the same. This title and FCC Title 17 shall not be construed as affecting the term of office of any Board or Commission member appointed under the prior enactment. Structures built prior to the adoption of FCC Titles 17 and 18, or for which building permits were issued and on which work commences as required under the permit shall, to the extent they do not conform to this title and FCC Title 17, be considered as nonconforming uses, and shall not be affected hereby. Uses which were nonconforming under the old ordinance shall not be affected by this title and FCC Title 17, unless this title or FCC Title 17 is changed in a manner that makes the use conforming to the new code or zone. (Ord. 2016-09 § 1, 2016; Ord. 66 § 1.4, 1993.)
18.05.060 Notices.
Notice of hearings before the Planning Commission and City Council concerning amendments to the general plan, zoning map, this title and FCC Title 17, preliminary subdivision plan approvals, appeals, variances and other requests of actions of the Board of Adjustment shall be provided in accordance with the Utah Open and Public Meetings Act, as amended (see Section 52-4-101 et seq., Utah Code Annotated 1953) and the Utah Municipal Land Use, Development, and Management Act, the requirements of this section, and shall describe the proposed action. See Table 1.1 for a general summary matrix of the notice requirements. All notice required under this section shall be given as follows:
1. Posted Notice. The notice shall state that a public hearing will be held, describe the subject of the hearing and any property affected thereby, and identify the date, time, and location of the hearing. Notice shall be posted at least 10 calendar days before the date set for the hearing or in accordance with state law.
2. Courtesy Notice. As a courtesy to property owners, the applicant shall provide the City with stamped and preaddressed envelopes for each owner of record of each parcel located entirely or partly within 600 feet from any boundary of the property subject to the application, together with a mailing list for those owners. The addresses for adjacent owners shall be as shown on the Summit County website. The courtesy notice shall state that a public hearing will be held, describe the subject of the hearing and any property affected thereby, and identify the date, time, and location of the hearing. Courtesy notice is not a legal requirement, and any defect in courtesy notice shall not affect or invalidate any hearing or action by the City Council or any board or commission.
3. Proof of Notice. Proof that notice was given pursuant to either subsection (1) or (2) of this section is prima facie evidence that notice was properly given. If notice given under authority of this section is not challenged as provided for under state law within 30 days from the date of the hearing for which the challenged notice was given, the notice is considered adequate and proper.
4. Other Public Meetings. Notice shall be posted 24 hours in advance for regular meetings and as much notice as possible for emergency meetings in accordance with the Utah Open and Public Meetings Act, as amended (See Section 52-4-101 et seq., Utah Code Annotated 1953) and the Utah Municipal Land Use, Development, and Management Act (see Section 10-9a-101 et seq., Utah Code Annotated 1953).
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Francis Application Notice Matrix |
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ACTION |
POSTED |
MAILED |
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Adoption or Amendments of Land Use Ordinance or Zoning Map |
At least 10 days prior to first public hearing before the Planning Commission and City Council. Agenda posted at least 24 hours prior to public meeting. |
To all owners of the property within 600 feet, 10 days prior to first hearing. Must state that owner has 10 days after first public hearing to file a written objection to the legislative body. |
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Preparation, Adoption or Amendment to the General Plan |
At least 10 days’ public notice required upon inception of the initial process for any comprehensive plan amendment before the Planning Commission, with one additional public hearing and notice required prior to recommendation. One public hearing with City Council before adoption. |
-NA- |
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Preliminary Subdivision Plan |
At least 10 days prior to public hearing before the Planning Commission and City Council. |
To all owners of the property within 600 feet, 10 days prior to each hearing. |
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l. Vacating Some or All of a Public Street, Right-of-Way or Easement |
At least 10 days prior to each hearing before Planning Commission and City Council. |
1. Mailed to record owner of each parcel that is accessed by the public street, right-of-way, or easement; mailed to each affected entity; 2. Notice mailed to the record owner of each parcel within 600 feet of that property OR posted on the property proposed for subdivision. |
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Board of Adjustment – Variance Requests |
At least 10 days prior to each hearing before the Board of Adjustment. |
To all owners of the property within 600 feet, 10 days prior to each hearing |
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Annexation Policy Plan |
At least 3 places, 14 days prior to Planning Commission and City Council. |
To all owners of property within 600 feet and affected entities, 14 days prior to each hearing. |
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Conditional Use Permit CUP |
At least 10 days prior. One informational hearing before the Planning Commission and City Council. Agenda posted at least 24 hours prior to public meeting. |
Courtesy notice to all owners of property within 600 feet, 10 days prior to hearing. |
(Ord. 2021-15 § 1 (Exh. A), 2021; Ord. 2017-05, 2017; Ord. 2016-09 § 1, 2016; Ord. 66 § 1.6, 1993.)
18.05.070 Creation of land use districts and zone map.
In order to carry out the purposes of this title and FCC Title 17, land use districts have been established as set forth in the City of Francis general plan and a zoning map has been established in FCC 18.05.090. The zoning map is adopted as a part of this title and FCC Title 17 and this title and FCC Title 17 are intended to be consistent with the zoning map. In interpreting the zoning map, the following standards shall apply:
1. The zoning boundary lines are intended to conform to existing property boundary lines when not in a public right-of-way, or to follow the center line of public rights-of-way (including prescriptive rights-of-way), unless the lines are located by specific dimensions, in which case the dimensions shall control. Where the zoning district lines approximately follow the lot lines as they exist at the date of adoption of the ordinance codified in this title and FCC Title 17, the district lines shall be conformed to the lot lines.
2. Where the zoning district lines appear to have intentionally divided a lot or parcel between two or more districts, the applicable zoning for each portion of the lot or parcel shall be determined by using the scale shown on the map. If the placement of the district line cannot be determined, the standards of the zone allowing the less intensive land use shall be applied to the entire parcel.
3. Where the district lines are intended to follow natural land contours, such as the ridge tops, hillsides or waterways, the line shall be determined at the point at which the general slope of the land changes 15 percent in grade or in the case of waterways, the average centerline of the waterway. In the event of a dispute as to the location of the change in grade, the point shall be fixed with reference to topographic data submitted to the City. Where land of less than 15 percent slope is surrounded by land of 15 percent or greater slope, the Planning Commission may entertain an application to rezone the land of less than 15 percent slope to a suitable residential use if the City staff determines that the land is adequately accessible and not within a sensitive lands overlay zone or designation.
4. If the Planning Commission, City Council, or member of the public requests an interpretation of a zoning district the matter shall be forwarded to the City Planner for an interpretation. (Ord. 2016-09 § 1, 2016; Ord. 66 § 1.7, 1993.)
18.05.080 Licensing.
All departments, officials and public employees of the City who are vested with the duty or authority to issue permits or licenses, including business licenses, shall conform to the provisions of this title and FCC Title 17 and state code, and shall issue licenses and permits only in conformance with the provisions of these codes. Licenses issued in violation of these codes shall take no effect, and are null and void. (Ord. 2016-09 § 1, 2016; Ord. 66 § 1.9, 1993.)
18.05.090 Zoning map adopted.
The Francis zoning map is the official zoning map for Francis. Upon amendment to the zoning map, the Mayor shall execute a new map, or reexecute the existing map with the amendments noted in a timely manner. (Ord. 2016-09 § 1, 2016; Ord. 66 § 1.10, 1993.)
18.05.100 Permit procedure under this code.
No building permit(s) shall be issued for any project without final approval. Proposals shall be reviewed according to either the permitted use review under Chapter 18.60 FCC or the conditional use review under Chapter 18.65 FCC. Permitted use applications shall be reviewed by the City Planner for approval. Appeals of the City Planner may be made to the City Council for review. Conditional use applications shall be initially reviewed by the Planning Commission and final approval shall be granted by the City Council. Subdivisions are subject to the subdivision application procedure and approval process set forth in Chapter 17.10 FCC et seq. Subdivisions shall be initially reviewed by the Planning Commission and final approval shall be granted by the City Council. No planning review shall occur until all applicable planning application fees have been paid, and no final City Council approval shall be effective until all other fees assessed by this title and FCC Title 17 or other ordinance, including applicable City fees have been paid. Upon issuance of final approval under either review process, the plans are forwarded to the Building Official for building permit issuance under the provisions of the International Building Code.
Fees for projects that require review and/or inspection by the City Attorney, City Engineer, or other consultant(s) shall be billed to the applicant at the actual billed rates incurred by the City, in addition to all other applicable fees. To assure prompt payment, the applicant shall deposit with the City sufficient funds against which the City may draw to satisfy these costs, in amounts set forth in the City’s then-prevailing fee and rate ordinance.
All funds in applicant deposit accounts are available at all times for expenditure by the City to satisfy fees incurred by the City for the project. The City shall notify applicants monthly of the fees incurred during the previous month for the applicant’s project. The City shall pay interest on applicant deposit accounts, at the rate at which the City would earn interest on monies in the City’s general fund balance for the applicable period, and shall credit said interest to the applicant’s deposit account. If the balance on deposit for an applicant drops below an amount sufficient to cover anticipated costs, the applicant must pay all outstanding billings for the month plus bring the deposit account back up to a sufficient amount, as set forth in the City’s then-prevailing fee and rate ordinance. If at any time an applicant’s deposit account does not comply with the provisions set forth herein, the City’s staff and its contractors, agents and consultants shall stop work on the project until the account comes into compliance. At the conclusion or termination of a project, any unexpended amounts in an applicant’s deposit account shall be refunded to the applicant with interest. (Ord. 2016-09 § 1, 2016; Ord. 2011-04, 2011; Ord. 1999-1 § 1.11, 1999; Ord. 66 § 1.11, 1993.)
18.05.110 Appearance before boards, commissions and councils.
All persons speaking before any City agency, department, committee, commission, board or the City Council on behalf of the owners of any project shall provide reasonable evidence of their agency relationship with the owner. This agency shall be presumed if the spokesman is associated with the architect or engineer whose name appears on the plans, or if the owner is present. The Planning Commission or City staff may request an agent to provide a statement signed by the owner indicating the nature of the relationship and the authority of the agent to make decisions or representations concerning the project. (Ord. 2016-09 § 1, 2016; Ord. 66 § 1.17, 1993.)
18.05.120 Relation to prior development and subdivision ordinance.
The procedures set forth in this title and FCC Title 17 are intended to supersede any inconsistent procedural provisions in the previous development ordinances. The substantive requirements of the application form and the review process shall remain unchanged, but all final actions under that ordinance are subject to the appeal processes set forth herein, and all applications for subdivision approval are subject to termination as set forth herein. (Ord. 2016-09 § 1, 2016; Ord. 66 § 1.19, 1993.)
18.05.130 Vesting of zoning rights.
Upon payment of the required application fees and submission of a completed application, an applicant shall be entitled to have the filed application reviewed and acted upon pursuant to the terms of this title and FCC Title 17 or development code and zoning map in effect at the time of filing of the application, subject to the exceptions set forth below. The applicant may take advantage of amendments to this title and FCC Title 17 and zoning map that would permit greater density or more intense use of the land; provided, however, that these changes may be deemed a modification of the plan and require the payment of additional planning review fees.
For the purposes of this title and FCC Title 17, a complete application includes all documentation required by this title and FCC Title 17, other relevant laws and ordinances of the City of Francis, relevant state and federal laws, and any other information deemed necessary by the Planning Commission to complete a thorough review of the proposed project and make a well-informed decision. At the concept plan meeting with the Planning Commission, the Commission will inform the applicant of any information required in order to deem the application complete. Upon receipt of the information required by this code and any additional information by the City Clerk, the application will be deemed complete. No application will be deemed complete prior to the concept plan meeting with the Planning Commission. An applicant may not appeal the need to provide information required by this title and FCC Title 17 or any other City ordinance, or any state or federal law. However, any applicant may appeal the need to provide any additional information requested by the Planning Commission to the City Council on the next available meeting of the Council with adequate time to fully discuss the matter.
Nonzoning related matters, including, but not limited to, site development standards, procedural requirements and building code requirements, will not vest until complete building permit applications have been filed and required fees have been paid. Water and sewer connection availability, costs of water and sewer connection and water development fees, and applicable impact fees and other charges will vest only upon payment of the building permit application fees and submission of all materials necessary for the issuance of a building permit.
Vesting of all permits and approvals terminates upon the expiration or termination of the permit or approval.
1. Exceptions. Applicants shall not be entitled to review and approval of applications pursuant to the terms of this title and FCC Title 17 in effect at the time of application when revisions to this title and FCC Title 17 are pending at the time of application which would prohibit or further condition the approval sought, or when there exists a compelling reason for applying a new standard or requirement retroactively to the time of application. (Ord. 2016-09 § 1, 2016; Ord. 66 § 1.20, 1993.)
18.05.140 Savings clause and continuation of prior ordinances.
1. The Francis Development Code. The Francis development code is hereby amended and recodified in entirety to read as herein provided by this title and FCC Title 17.
2. Continuation of Prior Ordinances. The amendment of all zoning, subdivision and development ordinances previously enacted by Francis shall not:
a. Affect suits pending or rights of the City existing immediately prior to the effective date of the ordinance codified in this title and FCC Title 17;
b. Impair, void, or affect any grant or conveyance made or right acquired or cause of action as of the effective date of the ordinance codified in this title and FCC Title 17 or now existing.
3. Continuation of Similar Provisions. The provisions of this title and FCC Title 17 insofar as they are the same or substantially the same as any prior ordinances shall be construed as a continuation of the prior ordinance.
4. Severability. If any phrase, clause, sentence, paragraph, or section of this title or FCC Title 17 shall be declared unlawful by any court of competent jurisdiction, it shall be severed and such decision shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this title and FCC Title 17.
5. Effective Date. The ordinance codified in this title and FCC Title 17 shall become effective immediately after passage and subsequent publication in a newspaper having general circulation in Francis City. (Ord. 2016-09 § 1, 2016; Ord. 66 § 1.23, 1993.)
18.05.150 Conflicts within this code.
Every effort is made by the City to insure that this title and FCC Title 17 are readable, understandable, and contain as few defects as possible. If however, any conflicts, defects, inconsistencies or ambiguities are found within different sections or chapters of this title and FCC Title 17, the Planning Commission shall follow the section or wording that is more restrictive, stringent or of a higher standard as defined or interpreted by the Planning Commission.
The Planning Commission shall then make every effort to amend this title and FCC Title 17 to further clarify or repair the defect, conflict, inconsistency or ambiguity. (Ord. 2016-09 § 1, 2016; Ord. 66 § 1.24, 1993.)
18.05.160 Annexations.
All annexations shall be consistent with the Francis annexation policy declaration. Upon receiving a petition for annexation, the City will process the petition in accordance with the relevant provisions of the Utah Code. (Ord. 2016-09 § 1, 2016; Ord. 66 § 1.25, 1993.)
18.05.170 Plat approval.
On all projects requiring the recording of a plat or record of survey map under applicable state law, the plat shall conform to the following standards before approval will be granted by the City:
1. Owner’s Execution. A subdivision plat must be signed by the owner of the property and all persons claiming an interest in the property within the plat, including those holding a security interest in the property, excluding mechanic liens and judgment liens. All signatures must be legally acknowledged.
2. Contents of Plat. The plat must have signature blocks for the Mayor, City Engineer, South Summit Fire District, Recorder, Attorney, Planning Commission Chair, and County Recorder. The survey data and accuracy of the plat must be certified by a licensed surveyor, and the plat must bear the surveyor’s official stamp.
3. Submission. The submission for plat approval must be accompanied by any covenants, declarations, easements, dedications of rights-of-way, or similar documents that are in addition to the contents of the plat. The submission must also be accompanied by a current title report showing the persons having an interest in the property, and verifying the ownership is consistent with the ownership as indicated on the plat. The legal descriptions of the property must also be consistent among the plat, declarations or covenants and title report.
4. Recording. Upon granting of final approval by the City, the City Recorder shall release the fully executed plat and the declaration and covenants to the title company designated by the applicant for recording. The City shall have no obligation to advance recording fees, but may deliver the plat to the county directly rather than through the designated title company. No plat shall be recorded until the Recorder has verified that all fees relative to the project have been paid, including the final engineering bills from the plat approval, if applicable.
5. Effect of Approval. In approving the plat, the City and its officers and agents are only certifying to substantial compliance with the statute and ordinances regarding the recording of plats and the prior approval of the project as being in compliance with local zoning ordinances. The City does not make any representation concerning the accuracy of the information in the plat drawn by the applicant, nor the value of the project. (Ord. 2016-09 § 1, 2016; Ord. 66 § 1.21, 1993.)