Chapter 18.15
ADMINISTRATION AND ENFORCEMENT
Sections:
18.15.010 Amendments to the zoning code or map.
18.15.050 Conditional use review.
18.15.090 Termination of projects for inaction.
18.15.110 General enforcement authority.
18.15.120 Notice of violation.
18.15.140 Remediation process.
18.15.150 Fine recovery process.
18.15.170 Appeals and reconsideration process.
18.15.180 Constitutional takings review and appeal.
18.15.010 Amendments to the zoning code or map.
Amendments to this title shall be made in the following manner:
A. Application. An applicant must file a written request for amendment with the city recorder’s office. The city council, planning commission, or owner/applicant may initiate an amendment as provided below. An owner/applicant shall pay the filing fee prescribed by resolution, and shall file an application, which shall include, without limitation:
1. The legal description of all property included;
2. Common address if available; and
3. A written statement addressing the criteria required for approval pursuant to subsection (E) of this section.
B. Hearings Before Planning Commission. The planning commission, a land use authority, shall hold a public hearing on all amendments to this title or to the land use zoning map. The city recorder’s office shall cause a notice, including a description of the property for which the zoning amendment is requested, a brief explanation of the proposed zoning, and the date, place and time of the public hearing, to be prepared as provided in HMC 18.15.080. The purpose of the notice is to reasonably inform the general public, surrounding property owners and governmental jurisdictions of the application. No minor omission or defect in the notice or mailing shall be deemed to impair the validity of the proceedings to consider the application.
C. Action by Planning Commission. Following the public hearing, the planning commission shall adopt a written recommendation to the city council, advising the council to approve, disapprove, or modify the proposal. If the planning commission fails to take action within 60 days of the close of the public hearing, the city council shall consider the matter forwarded from the planning commission with a negative recommendation.
D. Hearing Before Council. The city council may hold a public hearing on all proposed amendments to this title or the land use zoning map forwarded from the planning commission. Notice of the public hearing shall be provided in accordance with subsection (B) of this section.
E. Criteria/Required Findings. The city’s land use zoning is the result of a detailed and comprehensive review and determination of the city’s present and future land use allocation needs. In order to establish and maintain sound, stable, and desirable development within the city, rezoning of land is to be discouraged and allowed only under the limited circumstances herein described. Therefore, the planning commission may recommend, and the city council may grant, a rezoning application only if it determines, in written findings, that the rezoning is consistent with the policies and goals of the Helper City general plan and that the applicant has demonstrated the following:
1. The proposed rezoning is necessary either to comply with the Helper City general plan proposed land use map, or to provide land for a community need that was not anticipated at the time of adoption of the Helper City general plan; or
2. Existing zoning was either the result of a clerical error or a mistake of fact, or that it failed to take into account the constraints on development created by the natural characteristics of the land, including but not limited to steep slopes, flood-plain, unstable soils, and inadequate drainage; or
3. Land or its surrounding environs has changed or is changing to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changed character of the area.
F. Temporary or Emergency Zoning. The city council may enact an ordinance, without a public hearing or planning commission recommendation, which establishes temporary zoning regulations for any part or all of the area within the city if the:
1. City council makes a written finding of compelling, countervailing public interest; or
2. The area is not zoned.
Temporary zoning regulations may prohibit or regulate the erection, construction, reconstruction, or alteration of any building or structure or any subdivision approval. The city council shall establish a period of limited effect for the ordinance, which period may not exceed six months. [Ord. 2010-5. Code 1988 § 11-3.1].
18.15.020 Reviewing bodies.
A complete list of all review bodies can be found in HMC 18.20.010, Powers and duties matrix.
A. No building permit shall be valid for any structure unless the permit for the proposed structure has been submitted to and has been approved by the proper land use authority.
B. No new use shall be valid on any property unless the use is allowed in the zone, or unless a conditional use permit has been properly issued for the use.
C. No subdivision map shall be recorded unless all conditions of subdivision approval have been satisfied or otherwise secured.
D. The planning commission shall review all completed applications, and shall make recommendations to the city council on all applications for which the city council is the land use authority. On applications for which the planning commission is the land use authority, the planning commission may consult with legal advisors and other contracted employees for recommendations. The planning commission may process one application at a time per property or may process coordinated applications simultaneously. No review shall occur until all applicable fees are paid.
E. The building official issues building permits. The city council issues business licenses.
F. The planning commission reviews, holds a public hearing and forwards a recommendation to the city council regarding each application for subdivision approval, subdivision plat amendment, initial zoning, rezoning, condominium record of survey, and amendments to this title.
G. The city council shall act as the land use authority and hear all requests for variances. The city council acting as an appeal authority shall hear all appeals for administrative decisions for which they were not also the land use authority, conditional use permits, nonconforming structures and noncomplying uses.
H. The city attorney acting as an appeal authority shall hear all appeals for the annexation policy plan, annexation applications, subdivision applications and plat approval, vacation or changing a subdivision plat, amendment to a platted street, business licenses and any other appeal not heard by the city council. [Ord. 2010-5. Code 1988 § 11-3.2].
18.15.030 Fee schedule.
The most recently adopted fee schedule of Helper City is Resolution No. 2009-1 and is part of this code by reference. [Ord. 2010-5. Code 1988 § 11-3.3].
18.15.040 Allowed use review.
A. Plan Review Process. The following process and those outlined in Chapters 17.05 HMC, Subdivisions, 18.105 HMC, Mobile Homes Parks and Recreational Vehicle Courts, and 18.110 HMC, Large Scale Developments, apply to all applications for new development.
B. Initial Contact. An applicant for new development shall contact the planning commission to discuss the scope and purpose of the proposed development and the requirements of this code, including the following:
1. An allowed use within the zone;
2. Complies with all applicable development requirements of the zone, including building height, setback, front, side, and rear yards, and lot coverage;
3. Respects lot lines of a legally subdivided lot;
4. Complies with the parking requirements for the zone;
5. Conforms with applicable design guidelines, if any, for the zone;
6. Can adequately be serviced by roads, existing or proposed utility systems or lines; and
7. Pertains to land on which all tax assessments have been paid.
C. Preliminary Review. The applicant shall provide the planning commission with the following:
1. A statement of intended use;
2. Drawings in sufficient detail to allow staff to review the proposal for compliance with this code;
3. The tax identification number for the parcel;
4. A vicinity map to orient the parcel to its surrounding infrastructure;
5. Project identification (project name, location, developer and developer’s address and contact information);
6. Concept drawings shall be either eight and one-half inches by 11 inches or 11 inches by 17 inches and shall include the following:
a. Location and height of existing and proposed structures within the proposed development and within 200 feet of the proposed development;
b. Location of fire hydrants and street lights within 250 feet of the proposed development;
c. Property lines and dimensions indicating total site area, parking and driveway area, gross area of all buildings and structures, area of proposed landscaping indicated as a percentage of lot coverage by landscaping;
d. North arrow;
e. Proposed buildings, parking areas, drive-aisle widths, road or driveway lengths and landscaped areas. Indicate number and layout of proposed parking spaces;
f. Locations of access, curb cuts, gutters, sidewalks and proposed driveways as well as proposed traffic and pedestrian circulation patterns;
g. Public improvements and dedications;
h. Location and design of proposed walls, landscaping and exterior lighting;
i. Phasing plan, if any;
j. Description and hours of intended uses; and
k. Payment of the application fee set by fee resolution.
D. Residential Site Plan Review. The site plan drawing shall include:
1. General.
a. Dated drawings prepared on a 22-inch- by-34-inch format;
b. Indicated scale shall be no less than one inch equals 40 feet;
c. Name of project/development, address and developer’s name;
d. Parcel dimensions;
e. North arrow;
f. Total site area;
g. Parking and driveway area;
h. Location of new buildings and structures;
i. Location of existing buildings and structures;
j. All existing sewer mains, water mains, fire hydrants, and electric lines;
k. Building elevations with proposed materials of construction for new construction or exterior modifications of existing buildings; and
l. Any further information related to the specific site development as requested by Helper City officials.
E. Commercial Site Plan Review (Not a Subdivision). The site plan drawings shall include:
1. Dated drawings prepared on a 22-inch-by-34-inch format;
2. Indicated scale shall be no less than one inch equals 40 feet;
3. Name of project/development, address and developer’s name;
4. Parcel dimensions;
5. North arrow;
6. Total site area;
7. Parking and driveway area;
8. Location and height of new buildings and structures;
9. Location and height of existing buildings and structures;
10. Setbacks for on-site and off-site structures;
11. Landscaped area (indicate percentage of total site area to be landscaped);
12. All existing and proposed sewer mains, water mains, fire hydrants and electric lines;
13. Building elevations with proposed materials of construction for new construction or exterior modifications of existing buildings;
14. Provide existing and proposed utility and lighting information;
15. Provide location and size of vehicular entrances and exits; and
16. Any further information related to the specific site development as requested by Helper City officials.
F. Building Permit. Upon approval of the building and site plan drawings, and payment of all applicable fees, and compliance with all adopted building codes, the building official shall issue a building permit to the applicant. A permit shall be required in order to move any building or structure from one lot to another.
G. Inspections. The building official or other designated official shall inspect the project during construction through its completion to verify conformance with approved plans.
H. Rejected Uses. If an application does not meet the criteria set forth above, the city shall notify the applicant stating specifically which criteria have not been satisfied.
I. Disclaimer. No permit shall be valid if any of the criteria listed in this section has not been met. [Ord. 2010-5. Code 1988 § 11-3.4].
18.15.050 Conditional use review.
There are certain uses that, because of unique characteristics or the potential for detrimental impacts, may not be compatible in some areas of a zone or may be compatible only if certain conditions are imposed. The planning commission will evaluate all conditional use permit applications. The planning commission shall review and decide all applications for a conditional use permit according to the following procedure:
A. Development Review Committee. If determined necessary by the planning commission, an applicant shall attend a preapplication conference with the planning commission and other city staff or departments to discuss the proposed improvements associated with the conditional use and the conditions that the staff would recommend to mitigate proposed adverse impacts. This meeting will allow other city departments to provide comments on the application.
B. The Application. An applicant must pay all appropriate fees and must file a complete application.
C. Public Hearing. The planning commission may conduct a public hearing on the conditional use permit application and shall either approve, deny, or modify and approve the application. Upon receipt of a complete application, the city recorder shall provide reasonable notice as provided in HMC 18.15.080, Notice, when it is determined that a public hearing is required.
D. Standards for Review. The city shall not issue a conditional use permit unless the planning commission, for all other conditional uses, concludes that the application complies with the standards of review specific to the zone in which the use is proposed.
E. Transferability. A conditional use permit runs with the land.
F. Expiration. Unless otherwise indicated in the final conditions, conditional use permits shall expire one year from the date of initial approval, unless the conditionally permitted use has commenced on the site.
G. Annual Review. The planning commission may review conditional use permits on an annual basis for compliance with all final conditions of approval.
H. Revocation. If the planning commission or the building official determines that the holder of a conditional use permit is in violation of the terms or conditions upon which the permit was issued, the city recorder shall notify the permit holder and schedule a hearing before the planning commission at which the permit holder must show cause to the planning commission why the conditional use permit should not be revoked. If the planning commission determines that the terms or conditions of the permit have been violated, it shall cause the permit holder to specify how the holder will promptly comply with the terms and conditions of the permit, or it shall revoke the permit.
I. Appeals. Appeals must be made pursuant to HMC 18.15.170, Appeals. [Ord. 2010-5. Code 1988 § 11-3.5].
18.15.060 Sign permit review.
This section regulates to the maximum extent allowed by law.
A. Exceptions. The following signs are not regulated by this section:
1. Signs of a governmental nature for the control of traffic and other regulatory purposes such as street signs, danger signs, railroad crossing signs and signs of public service companies indicating danger and aids to service or safety;
2. Signs which are associated with public and quasi-public organization functions which are clearly of a temporary nature;
3. Interior signs;
4. Campaign signs;
5. Flags, emblems, or insignias of any nation or political subdivision;
6. Signs not exceeding one square foot in area and bearing only property numbers, postal box numbers or names or occupants of premises;
7. Legal notices, identification information, or directional signs erected by governmental bodies;
8. Commemorative plaques of recognized historical agencies, or identification emblems or symbols of religious orders; provided, that no such plaque, symbol or identification emblem exceeds three square feet in area, and such plaque, symbol or emblem is placed flat against a building; and
9. Existing signage, which has been previously approved, shall not be required to comply with this section insofar as the initial installation is concerned. All other requirements are applicable.
B. Nonconforming Signs. A nonconforming sign shall not be reconstructed, raised, moved, placed, extended or enlarged unless said sign is changed so as to conform to all provisions of this section. Alterations shall not be interpreted to include changing the text or copy of off-premises advertising signs, theater signs, outdoor bulletin or other similar signs which are designed to accommodate changeable copy.
C. Abatement. The nonconforming sign provisions of this section shall not be applicable to prohibited signs.
D. Permits. Except as provided in this code, it is unlawful to display, erect, relocate, or alter any sign without first submitting a sign permit application to the planning commission and obtaining a recommendation for a sign permit from the planning commission. When a Helper City sign permit has been issued, it is unlawful to change, modify, alter, or otherwise deviate from the terms or conditions of said permit without prior approval of the building official and the planning commission. A written record of such approval shall be entered upon the original permit application and maintained in the files of the building official. The application for a sign permit shall be made by the owner or tenant of the property on which the sign is to be located, or his/her authorized agent, or a licensed sign contractor and shall be accompanied by the following plans and other information:
1. The name, address and telephone number of the owner or persons entitled to possession of the sign or control of the same and of the sign contractor or erector;
2. The location by street address of the proposed sign structure;
3. A site plan and elevation drawings of the proposed sign, caption of the proposed sign and elevations of building facades if the application is for a wall sign. The site plan shall include the proposed location of the sign in relation to the face of the building or to the boundaries of the lot on which it is situated;
4. Plans for free-standing signs requiring a building permit shall indicate the scope and structural detail of the work to be done, including details of all connections, guy lines, supports and footings, and materials to be used, stamped by a professional engineer licensed in the state of Utah;
5. Application for, and required information for such application, and electrical permit for all electric signs if the person building the sign is to make the electrical connection; and
6. A statement reflecting the sign’s value as personal property.
E. Exempt Sign Changes. The following changes do not require a sign permit:
1. The changing of the advertising copy or message of signs specifically designed for the use of replaceable copy;
2. Electrical maintenance, repainting, or cleaning maintenance of a sign;
3. The repair of a sign;
4. Real estate signs no larger than six square feet;
5. Name plate signs.
F. Traffic Hazards. Signs or other advertising structure shall not be erected at the intersection of any streets or driveways in such a manner as to obstruct free and clear vision; or at any location where by reason of the position, shape or color, it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal device, or make use of words, phrases, symbols or characters in such manner as to interfere with, mislead or confuse vehicle operators.
1. At intersection streets and within the clear view area, there shall be no signs allowed, unless a sign is less than three feet in height as measured from the average grade of the intersecting streets.
2. For signs over pedestrian ways, the clearance between the ground and the bottom of any projecting or ground sign shall not be less than eight feet.
3. For signs over driveways for vehicular traffic, the minimum clearance shall be 14 feet.
4. For signs more than three feet in height and having less than an eight-foot clearance, the front setback shall be the same as for buildings in that zoning district. In no case shall the front setback be less than 18 inches from the front property line as measured from the leading edge of the sign.
G. Signs over Public Property. No sign shall be located on publicly owned land or inside street rights-of-way except signs required and erected by permission of an authorized public agency. This restriction shall include, but not be limited to, handbills, posters, advertisements or notices that are fastened, placed, posted, painted or attached in any way upon any curbstone, lamp post, telephone pole, electric light or power pole, hydrant, bridge, tree, rock, sidewalk or street. No projecting sign attached to a building shall project over public property more than four feet and in no case be closer than four feet to curb line or edge of street, whichever is more restrictive. Ground signs must be set back at least 18 inches from any public right-of-way. [Ord. 2010-5. Code 1988 § 11-3.6].
18.15.070 Telecommunications.
All telecommunications regulations apply to both commercial and private low-power radio services and facilities, such as cellular or personal communications systems (PCS) and paging systems.
A. Telecommunications Signs. Signs shall only be permitted if they are related to the health and safety of the general public. All proposed signs shall be submitted with the telecommunications facility application and are subject to review by the planning commission.
B. Removal. The building official is empowered to require an unmaintained or abandoned low-power radio service antenna to be removed from the building or premises when that antenna has not been repaired or put into use by the owner, the person having control, or the person receiving the benefit of the structure within 30 calendar days after notice is given to the owner, the person having control, or the person receiving the benefit of the structure.
C. Abandonment. The applicant, or applicant’s successor(s) and/or assign(s), shall be responsible for the removal of unused telecommunications facilities within 12 months of abandonment of use. If such tower is not removed by the property owner, then the city may employ all legal measures, including as necessary, obtaining authorization from a court of competent jurisdiction, to remove the tower, and after removal may place a lien on the subject property for all direct and indirect costs incurred in dismantling and disposing of the tower, including court costs and reasonable attorney fees. [Ord. 2010-5. Code 1988 § 11-3.7].
18.15.080 Notice.
The city shall provide notice of all public hearings that are required by this title.
A. Public Hearing Requirements. The city recorder shall provide reasonable notice of all public hearings and meetings, which notice shall contain a description of the property, with a brief explanation of the proposed use, and the date, place and time of the public hearing, which notice shall be:
1. Posted in at least three public places in the city. In addition, on proposed annexations, rezones, and major subdivision applications, if deemed necessary may be posted on the city website; and
2. When required either published in or submitted to a newspaper of general circulation within the city at least 10 days before the date of the planning commission and/or city council hearing.
B. Notice to Affected Entities. When required by law the city recorder shall provide notice by first class mail to affected entities as defined in Chapter 18.10 HMC, Definitions.
C. Purpose of Notice. The purpose of the notice is to reasonably inform surrounding property owners and jurisdictions of an application for zoning, multifamily, commercial or industrial development or a proposed modification to the general plan. No minor omission or defect in the notice or mailing shall be deemed to impair the validity of the proceedings to consider the zoning application. If at or prior to the public hearing an omission or defect in the mailed notice is brought to the attention of the planning commission, it shall determine whether the omission or defect impairs or has impaired a surrounding property owner’s ability to participate in the public hearing, upon which finding it shall continue the hearing on the application for zoning for at least 14 days. Any omission or defect in the mailed notice that is not brought to the commission’s attention or that the commission finds did not impair a surrounding property owner’s ability to participate in the hearing shall not affect the validity of the zoning proceedings.
D. Effect of Notice. Proof that notice was given pursuant to subsection (A) 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 shall be deemed to have been adequate and proper. [Ord. 2010-5. Code 1988 § 11-3.8].
18.15.090 Termination of projects for inaction.
Applicants must move their projects either to approval or denial in a reasonably expeditious manner. Upon 14 days’ written notice to the applicant, the city may formally deny an application which remains inactive for six months. Delays occasioned by the city shall not constitute cause for terminating an application. An applicant may appeal the planning commission’s denial of a project for inaction to the city council in the same manner as any other appeal. The city council may reinstate subject to conditions, or may deny reinstatement. If reinstatement is denied, the application is formally denied. [Ord. 2010-5. Code 1988 § 11-6.9].
18.15.100 Penalties.
Any person, firm, partnership, or corporation, and the principals or agents thereof violating or causing the violation of this chapter, or a permit issued pursuant to this chapter, shall be guilty of a class C misdemeanor and punished upon conviction by a fine and/or imprisonment as provided for by Utah state law.
A. In addition, the city shall be entitled to bring a civil action to enjoin and/or abate the continuation of the violation.
B. Residents within the city or owners of property within the city may file an action to enjoin the continuation of a violation of this title affecting their interests. [Ord. 2010-5. Code 1988 § 11-3.10].
18.15.110 General enforcement authority.
Whenever the city finds that a violation of this title or applicable state codes has occurred or continues to exist, the procedure outlined below shall be followed. The city has the authority and power necessary to gain compliance with the provisions of the violated ordinance or statute. These powers include the power to issue notices of violation, to issue misdemeanor citations, to abate violations existing on public or private property, and to use any other remedies available under the city ordinances and applicable state codes. [Ord. 2010-5. Code 1988 § 11-3.11].
18.15.120 Notice of violation.
Whenever the city determines that a violation of the ordinances or statutes addressed by this chapter has occurred or continues to exist, the city shall serve a notice of violation upon the alleged violation by one of the methods described in HMC 18.15.130, Service of notices. Said notice shall include the following information:
A. The name of the property owner;
B. The street address, date and approximate time at which the violations were observed;
C. Number and title of all ordinance sections violated, and a description of the condition of the property that violates the stated sections;
D. All remedial action required to permanently correct outstanding violations, which may include corrections, repairs, demolition, removal or other appropriate action;
E. The specific date by which to correct the violations listed in the notice, which date shall be 14 days from the date of service;
F. An explanation of the consequences should the responsible person(s) fail to comply with the terms and deadlines stated in the notice of violation, which may include, but are not limited to, civil penalties (fines), revocation of permits, withholding of future municipal permits, abatement of the violation, costs, administrative fees, and any other legal remedies;
G. An explanation of how the penalty shall be paid;
H. That civil penalties will begin to accrue immediately upon expiration of the date identified in the notice of violation to correct the violation(s) listed;
I. The amount of the civil penalty on each violation and that the penalty will continue to accrue daily until the property is brought into compliance;
J. An explanation that payment of an assessed fine shall not excuse the failure to correct the violations, nor shall it bar further enforcement action by the city;
K. That only one notice of violation is required to be issued during any 12-month period for violation of a given section of ordinance or statute, and that civil penalties begin to accrue immediately upon the observation of any subsequent violations of the same section of ordinance or statute;
L. An explanation of the right to request a hearing on the violation, the procedure for requesting a hearing, the possible outcomes of the hearing process, and the consequences of failure to request a hearing; and
M. The signature of the planning commission chairman.
More than one notice of violation may be issued against the same responsible person(s), if the notice encompasses different dates or different violations. [Ord. 2010-5. Code 1988 § 11-3.12].
18.15.130 Service of notices.
Whenever a notice is required to be given under the provisions of this chapter the notice shall be served by at least one of the following methods. The method selected shall be the most direct option practical under the particular circumstances of the violation.
A. Service directly to the owner(s) or responsible person(s); or if not practical
B. Service by first class mail, postage prepaid, to the last known address of the owner(s) or responsible person(s); or if not practical
C. Service by posting the notice conspicuously on or in front of the property. The form of posted notice shall be as described in HMC 18.15.120, Notice of violation; or if not practical
D. Service by publication in a newspaper of general circulation in Helper City.
The failure of the owner(s) or responsible person(s) to actually receive any notice served in accordance with this chapter shall not affect the validity of any proceedings taken under this chapter. [Ord. 2010-5. Code 1988 § 11-3.13].
18.15.140 Remediation process.
Upon service of a notice of violation, the responsible person(s) may choose one, and only one, of the following courses of action within a 14-day grace period:
A. Correct the violation as determined upon inspection by the city or its agents, and all applicable fines and citations shall be dismissed;
B. Submit a written request for a hearing before the city council, acting as the appeal authority to contest the violation;
C. Submit a written request to the planning commission for an extension of up to 14 days for correcting of the violation; or
D. Fail to correct the violation, to request a hearing, or to request an extension. This option shall result in daily accrual of fines, beginning at 5:00 p.m. of the fourteenth day. Right to a hearing or extension is forfeited immediately upon expiration of the 14-day grace period. [Ord. 2010-5. Code 1988 § 11-3.14].
18.15.150 Fine recovery process.
Correction of a violation shall not excuse the responsible person(s) from payment of any fines already accrued. Unpaid fines may be recovered by the city by any legal means. The city recorder’s office shall give the city council written notification of any fines which have not been paid within 14 days of the first day fines were assessed. The council may act to pursue recovery by any legal means, including but not limited to:
A. Establishing a tax lien against real property owned by the responsible person(s); or
B. Obtaining a writ of execution on personal property owned by the responsible person(s); or
C. Obtaining a writ of garnishment on the paychecks, financial accounts and other income of financial assets of the responsible person(s). [Ord. 2010-5. Code 1988 § 11-3.15].
18.15.160 Licensing.
Licenses or permits issued in violation of this chapter, or based on fraudulent information, are null and void. [Ord. 2010-5. Code 1988 § 11-3.16].
18.15.170 Appeals and reconsideration process.
The applicant, staff, or any other person with standing to challenge a decision administering or interpreting this chapter may appeal the decision as follows:
A. Zoning Ordinance Interpretation and Administration. All city decisions which interpret or administer this chapter may be appealed to the proper appeal authority within 10 days of final action, by filing notice of appeal with the city recorder.
B. District Court Review. The district court hears appeals of decisions of the city council and city attorney while acting as appeal authorities, that are filed within 30 days of the final decision of the appeal authority. See HMC 18.20.010, Powers and duties matrix.
C. Standing to Appeal. The following persons have standing to appeal a final action:
1. Any person who submitted written comment or testified on a proposal before the planning commission;
2. The owner of any property within 300 feet of the boundary of the subject site;
3. Any city official, board or commission having jurisdiction over the matter;
4. The owner of the subject property.
D. Form of Appeals. Appeals must be filed with the city recorder and must be by letter or petition, with the name, address, and telephone number of the petitioner; his or her relationship to the project or subject property; and a comprehensive statement of the reasons for the appeal, including the specific provisions of law that are alleged to be violated by the action taken.
E. Written Findings Required. The appellate body shall prepare detailed written findings of fact, which explain the circumstances of the body’s decision and conclusions of law in support of its decision.
F. Action on Appeal to a City Body. The city shall comply with the following standards for all appeals under this chapter:
1. The city, in consultation with the appellant, shall set a date for the appeal;
2. The city shall notify the owner of the appeal date;
3. The city body hearing the appeal shall consider the written appeal, final action and all other pertinent information from the appellant and the planning commission;
4. The city body hearing the appeal may affirm, reverse, or affirm in part and reverse in part any properly appealed decision or may remand the matter with directions for specific areas of review or clarification. Appellate review is limited to consideration of only those matters raised in the written appeal and the staff’s responses thereto, unless the body, by motion, enlarges the scope of the appeal to accept information on other matters; and
5. The city shall prepare written findings for review within 30 calendar days of the appellate decision.
G. City Council Call-Up. Within 15 calendar days of final action on any decision, the city council, on its own motion, may call up for review any final action taken by the planning commission. The city recorder shall give prompt notice of the call-up to the chairman of the planning commission together with the date set by the council for consideration of the merits of the matter. The recorder shall also provide notice as required below. In calling a matter up, the council may limit the scope of the hearing to certain issues.
H. Notice. Notice of all appeals or call-ups shall be given by:
1. Mailing courtesy notice 10 days prior to the hearing to the applicant and all parties who requested mailed courtesy notice for the original action.
I. Stay of Approval Pending Review of Appeal. Upon call-up, or appeal, any approval granted by the planning commission or staff will be suspended until the reviewing body has taken final action on the appeal.
J. Appeal from the City Council. The applicant or any person aggrieved by city action on the project may appeal from the final action of the city council or city attorney to a court of competent jurisdiction. The decision shall stand, and those affected by the decision may act in reliance on it unless and until a court enters an interlocutory or final order modifying or suspending the decision.
K. Finality of Action. Final action occurs when the deciding body has adopted and executed written findings of fact and conclusions of law on the matter in question. [Ord. 2010-5. Code 1988 § 11-3.17].
18.15.180 Constitutional takings review and appeal.
To promote the protection of private property rights and to prevent the physical taking or exaction of private property without just compensation, the city council and all commissions and boards shall adhere to the following before authorizing the seizure or exaction of property:
A. Takings Review Procedure. Prior to any proposed action to exact or seize property, the city attorney shall review the proposed action to determine if a constitutional taking requiring just compensation would occur. The city attorney shall review all such matters pursuant to the guidelines established in subsection (B) of this section. Upon identifying a possible constitutional taking, the city attorney shall, in a confidential, protected writing, inform the council, commission or board of the possible consequences of its action. This opinion shall be advisory only. No liability shall be attributed to the city for failure to follow the recommendation of the city attorney.
B. Takings Guidelines. The city attorney shall review whether the action constitutes a constitutional taking under the Fifth or Fourteenth Amendments to the Constitution of the United States, or under Article 1, Section 22 of the Utah Constitution. The city attorney shall determine whether the proposed action bears an essential nexus to a legitimate governmental interest and whether the action is roughly proportionate and reasonably related to the legitimate governmental interest. The city attorney shall also determine whether the action deprives the private property owner of all reasonable uses of the property. These guidelines are advisory only and shall not expand nor limit the scope of the city’s liability for a constitutional taking.
C. Appeal. Any owner of private property who believes that his/her property is proposed to be taken by an otherwise final action of the city may appeal the city’s decision to the takings appeal board within 30 days after the decision is made. The appeal must be filed in writing with the city recorder. The takings appeal board shall hear and approve and remand or reject the appeal within 14 calendar days after the appeal is filed. The takings appeal board, with advice from the city attorney, shall review the appeal pursuant to the guidelines in subsection (B) of this section. The decision of the takings appeal board shall be in writing and a copy given to the appellant and to the city council, commission or board that took the initial action. The takings appeal board’s rejection of an appeal constitutes exhaustion of administrative remedies rendering the matter suitable for appeal to a court of competent jurisdiction.
D. Takings Appeal Board. There is hereby created a three-member takings appeal board. The mayor shall appoint three current members of the planning commission and the city attorney to serve on the takings appeal board. If, at any time, three members of the planning commission cannot meet to satisfy the time requirements stated in subsection (C) of this section, the mayor shall appoint a member or sufficient members to fill the vacancies. [Ord. 2010-5. Code 1988 § 11-3.18].
18.15.190 Notice matrix.
Legal noticing requirements often change, therefore this chapter shall reference the most recent legal noticing requirements. See the Helper City recorder’s office for most recent noticing requirements. [Ord. 2010-5. Code 1988 § 11-3.19].