Chapter 18.12 MUNICIPAL PLANNING

A. Planning Commission. The mayor, with the advice and consent of the council, shall appoint a planning commission for the town of Mayfield. The number of members, terms of office, mode of appointment and other details relating to the organization and procedure of the commission shall be as set forth under Chapters 18.20, 18.48 and 18.52 MMC. (UCA 10-9-4 and 10-9-19)

B. Board of Appeals. The mayor, with the advice and consent of the council shall appoint a board of appeals; the number of members, terms of office, and other details relating to powers and duties of said board shall be the same as set forth under MMC 18.20.050, 18.20.060 and 18.20.070. The town council may also fix per diem compensation for members of the board of appeals based on necessary and reasonable expenses and meetings actually attended. (UCA 10-9-6 and 10-9-18)

C. Zoning Administrator. The town council may appoint and fix compensation for a zoning administrator. The powers and duties of said administrator shall be the same as set forth under Chapters 18.24, 18.28, 18.32, 18.36, 18.40 and 18.44 MMC. (UCA 10-9-8 and 10-9-18) [Ord. 1998-99-A § 10-2-1.1.]

18.12.020 Adoption of comprehensive plan – Effect of adoption.

The town council may adopt a comprehensive plan of the town or any part thereof.

Upon the adoption of such plan, any acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment, change of use, acquisition of land for, or sale or lease of any street or other public way, ground, place, property, or structure; or any authorization or construction of any street, park or other public way, ground, place or space, or any public building or structure, or public utility, whether publicly or privately owned, shall either (A) conform to said plan, as to the location and extent thereof, or (B) shall have been submitted to and approved by the planning commission, or in the instance of a disapproval by such commission, overruled by the council, all in accordance with Section 10-9a-302, Utah Code Annotated 1953. (UCA 10-9-21) [Amended during 2010 recodification; Ord. 1998-99-A § 10-2-1.]

18.12.030 Adoption and implementation of official map.

The town council may establish an official map of streets for the whole or any part or parts of the town and may adopt such map by ordinance. The content of such map and all actions relating to the preparation, adoption and enforcement shall be in accordance with Sections 10-9a-502 and 10-9a-503, Utah Code Annotated 1953, and any other applicable provisions of state law. (UCA 10-9-23 and 10-9-24) [Amended during 2010 recodification; Ord. 1998-99-A § 10-2-1.3.]

18.12.040 Adoption and administration of zoning regulations.

The city council, upon: (A) the receipt of proposed regulations for the zoning of the city (and any subsequent amendment to such regulations) from the planning commission, and (B) the holding of a public hearing thereon in accordance with the provisions of UCA 10-9-5, may, by ordinance, enact zoning regulations within the city for the purpose of promoting health, safety, morals, and the general welfare of the community.

Such regulations shall be made in accordance with a comprehensive zoning plan designed to lessen congestion in the streets, to secure safety from fire, panic and other danger, to promote health and the general welfare, to encourage energy-efficient patterns of development, the use of energy conservation, solar, and renewable energy sources, and to assure access to sunlight for solar energy devices, to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of population, to facilitate adequate provision for transportation, water, sewage, schools, parks and other public requirements. Such regulations shall be made with reasonable consideration, among other things, to the character of the zone and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city.

In order to accomplish the above-stated purposes, the zoning ordinance may divide the city into districts or zones and may regulate the location and use of buildings, structures, and land for trade, industry, residence, or other purposes, the erection, construction or reconstruction of buildings and structures, the height, number of stories and size of buildings and other structures, the height and location of trees and other vegetation, the percentage of lots that may be occupied, the size of yards, courts and other open spaces, the density of population and such other characteristics as may be permitted by law. Thereafter all construction or change in use of land or buildings shall conform with the applicable provisions of the adopted ordinance. (UCA 10-9-1, 10-9-2, 10-9-3 and 10-9-4) [Ord. 1998-99-A § 10-2-1.4.]

18.12.050 Adoption and administration of subdivision regulations.

The city council, upon: (A) the receipt of proposed regulations governing the subdivision of land (and any subsequent amendment to such regulations) from the planning commission, and (B) the holding of a public hearing thereon, may adopt said regulations for the municipality by ordinance.

Thereafter, no plat of a subdivision of land within the city shall be filed or recorded until it shall have been submitted to and approved by the city council, in accordance with the terms of said subdivision regulations, and such approval entered in writing on the plat. The approval by the city council shall be in addition to that required by the planning commission. The filing or recording of a plat of a subdivision without such approval shall be null and void and the sale of lots in any such unapproved subdivision shall be considered a violation for each lot sold. (UCA 10-9-25 and 10-9-26) [Ord. 1998-99-A § 10-2-1.5.]

18.12.060 Adoption and administration of regulations relating to condominium projects.

Upon receipt of proposed condominium regulations as prepared by the planning commission, the city council may adopt such regulations by ordinance.

No condominium project or any record of survey map, declaration or other required material shall be recorded until it shall have been submitted to and approved by the city council. The approval by the city council shall be in addition to the approval required by the planning commission. (UCA 57-8-35) [Ord. 1998-99-A § 10-2-1.6.]

18.12.070 Enforcement of development regulations.

The city council shall have the authority and responsibility for ensuring compliance with the adopted zoning, subdivision and official map ordinances, and in carrying out such responsibility may:

A. Withhold the issuance of building permits when the proposed development is not in conformance with the adopted regulations. (UCA 10-9-18)

B. Prosecute any violation of such regulations as a misdemeanor. (UCA 10-9-30)

C. Institute injunction, mandamus, abatement or any other appropriate action to prevent, enjoin, abate, or remove any unlawful building, use or act. (UCA 10-9-30) [Ord. 1998-99-A § 10-2-1.7.]

Article II. Planning Commission

18.12.080 Establishment – Composition – Appointment of members.

Pursuant to authority granted in Section 10-9-19 UCA 1953, as amended, the city council hereby creates a planning commission within and for the city to be known as the Mayfield Town planning commission. The planning commission shall consist of five regular members and up to two alternate members. One regular member shall be appointed by the city council from its own members, with the remaining regular and alternate members to be appointed by the mayor with the advice and consent of the city council from among the residents of the city. The members shall be selected without respect to political affiliations and shall serve without compensation except for reasonable expenses. (UCA 10-9-19) [Ord. 1998-99-A § 10-2-2.1.]

18.12.090 Terms of office of members – Filling vacancies – Removal of members.

The term of office of the city council representative shall be as determined by action of the council.

The terms of the appointive members shall be for four years and until their successors have been appointed; provided, that the terms of the members holding office at the time of passage of this code shall be arranged such that the term of one member shall expire each year. Appointments made thereafter will be made for a full three-year term.

The terms of the alternate members shall be for a period of one year and until their successors have been appointed. Alternate members shall be designated as first and second alternate, in accordance with their respective time of appointment.

Vacancies occurring otherwise than through the expiration of terms shall be filled for the remainder of the unexpired term.

Members may be removed after a public hearing by a majority vote of the city council. [Ord. 1998-99-A § 10-2-2.2.]

18.12.100 Organization – Adoption of rules – Record of proceedings.

At the first meeting of each year, the planning commission shall elect from its membership a chairman who shall serve for a term of one year and until a new chairman is elected. It shall be the duty of the chairman to preside over and conduct all meetings of the commission. The chairman, with the consent of the commission, shall make such assignments and delegations to the members of the commission and the staff and consultants as are deemed necessary or desirable for the carrying out of the commission’s business.

The commission shall adopt rules for its own organization and for the transaction of its business not in conflict with this section or other ordinances, and shall keep an accurate record of disposition of all matters coming before it. [Ord. 1998-99-A § 10-2-2.3.]

18.12.110 Quorum defined – Minimum vote required – When alternate members to act.

A minimum of four regular and/or alternate members in attendance at the meeting is required to constitute a quorum. The minimum number of “yes” votes necessary to carry an action of the commission shall be a majority of the members of the quorum in attendance, but shall never be less than three.

All regular members shall be entitled to vote on matters coming before the commission. Alternate members shall be designated to sit as voting members of the commission at any time one or more regular members are absent from the meeting. The designation of the alternate member to voting status shall be made by the chairman at the commencement of the meeting in accordance with the seniority of the alternate members in attendance at the time, and any alternate so designated shall serve as a voting member until the conclusion of the meeting. If during the course of a meeting the number of voting members and alternate members designated to voting status in attendance exceeds five, the membership of the commission shall, until the conclusion of the meeting, be expanded to the number of voting members and designated alternate members in attendance. [Ord. 1998-99-A § 10-2-2.4.]

18.12.120 Employees – Expenditures.

The planning commission may appoint such other employees and staff as it may deem necessary for its work and may contract with city planners and other consultants, provided its expenditures, exclusive of gifts, shall be within the amounts appropriated for that purpose by the city council. [Ord. 1998-99-A § 10-2-2.5.]

18.12.130 Duties and powers.

The city planning commission shall have such powers as may be necessary to enable it to perform its functions and promote municipal planning as follows:

A. Preparation of Comprehensive Plan. It shall be the function and duty of the planning commission, after holding public hearings, to make and adopt and certify to the city council a comprehensive plan for the physical development of the city including any areas outside of its boundaries which, in the commission’s judgment, bear relation to the planning of the city. The comprehensive plan, with the accompanying maps, plats, charts and descriptive and explanatory matter, shall show the planning commission’s recommendations for the physical development of the city and may include, among other things, the general location and extent of street and other methods of circulation and transportation; the general location and extent of public utilities for water, power, sanitation, or other purposes; the general location and extent of parks, playgrounds, and drainage facilities; and the use of land whether for residences, commerce, industry, agriculture, flood channels, or open space. (UCA 10-9-20)

B. Prepare Reports and Recommendations – Entry Upon Land. The planning commission may make reports and recommendations relating to the planning and development of the city to public officials and agencies, other organizations and citizens. It may recommend to the executive or legislative officials programs for public improvements and the financing thereof. The planning commission, its members, and employees, in the performance of its functions, may enter upon any land at reasonable times to make examinations and surveys and place and maintain necessary monuments and marks thereon. (UCA 10-9-22)

C. Regulations Governing Subdivision of Land. It shall be the duty of the planning commission to prepare regulations governing the subdivision of land within the city or amendment to such regulations and to submit said regulations or amendments to the city council for public hearing and adoption. (UCA 10-9-25)

D. Approve Subdivision Plans and Plats. It shall be the duty of the planning commission to review and approve all subdivision developments. No plat of a subdivision of land within the city shall be filed or recorded in the county recorder’s office until it shall have been submitted to and approved by the planning commission and such approval entered in writing on the plat. The approval by the planning commission shall be in addition to the approval required from the city council. The filing or recording of a plat of a subdivision without approval of the planning commission shall be null and void and the sale of lots in any such unapproved subdivision shall be considered a violation of the subdivision ordinance for each lot sold. (UCA 10-9-25, 10-9-26 and 10-9-30)

E. Prepare and Recommend Amendments to the Zoning Regulations. The planning commission through its own initiative may, or upon receipt of a petition from an affected property owner, or by order of the city council, shall make and certify to the city council recommendations for the amendment of the zoning regulations and map. No amendment to the text or map may be adopted by the city council unless the planning commission has reviewed and made recommendations to the council regarding that amendment. The planning commission shall have 30 days from the date the request is made to the chairman to respond to any request from the council for recommendation. (UCA 10-9-4 and 10-9-5)

F. Conducting Hearings and Meetings. The planning commission may conduct hearings and meetings with interested property owners, officials and citizens in the process of carrying out the functions and duties of their office. (UCA 10-9-22)

G. Preparation of a Capital Improvement Program. The planning commission through its own initiative may, or by order of the city council shall, make and recommend to the city council a capital improvement program which shall set forth an orderly program for the acquisition of land, and/or the construction of buildings, utilities and other facilities needed for city purposes. (UCA 10-9-22) [Ord. 1998-99-A § 10-2-2.6.]

Article III. Board of Appeals

18.12.140 Establishment – Appointment – Composition – Vacancies.

Pursuant to authority granted in Section 10-9-6 UCA 1953, as amended, the city council hereby creates a board of appeals within and for the city. Said board of appeals shall consist of five members and such alternate members as the mayor with the advice and consent of the council deems appropriate, each to be appointed by the mayor with the advice and consent of the council for a term of five years; provided, that the terms of the members appointed shall be such that the term of one member shall expire each year. Alternate members shall serve in the absence of a member under rules established by the council; provided, that no more than two alternate members shall sit at any meeting of the board at any one time. One member, but not more than one member, of the planning commission shall be a member of the board of appeals. Any member of the board of appeals may be removed for cause by the city council upon written charges and after public hearing, if such public hearing is requested by the member. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. (UCA 10-9-7) [Ord. 1998-99-A § 10-2-3.1.]

18.12.150 Organization of board – Meetings – Duties of members.

The board of appeals shall organize and elect a chairman and adopt rules for its proceedings. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine.

The chairman or, in his absence, the acting chairman may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote indicating such fact, and shall keep records of its examinations and other official actions; all of which shall be immediately filed in the office of the board and shall be public record. (UCA 10-9-8) [Ord. 1998-99-A § 10-2-3.2.]

18.12.160 Powers and duties of board.

The board of appeals shall have the following powers:

A. Appeal of an Administrative Ruling. To hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by the zoning administrator or other official responsible for the enforcement of the zoning regulations.

B. Special Exception. To hear and decide appeals for approval of special exceptions to the terms of the zoning regulations. The board shall not authorize a special exception unless specifically granted authority to do so under the terms of the zoning regulations.

C. Variances. To authorize upon appeal such variance from the terms of the zoning regulations as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the applicable provision will result in unnecessary hardship; provided, that the spirit of the ordinance shall be observed and substantial justice done. Before any variance may be authorized, however, it shall be shown that:

1. The variance will not substantially affect the comprehensive plan or zoning regulations of the city and that adherence to the strict letter of the zoning regulations will cause difficulties and hardships, the imposition of which upon the petitioner is unnecessary in order to carry out the general purpose of the plan.

2. There are special circumstances attached to the property covered by the application which do not generally apply to the other property in the same zone.

3. That because of said special circumstances, the property covered by the application is deprived of privileges possessed by other properties in the same zone; and that the granting of the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone. (UCA 10-9-12)

D. Interpretation of Text or Map. To make, upon appeal, an interpretation of the zone map regarding the location of zone boundary lines, or decide the meaning of disputed terms or phrases within the text of the zoning regulations.

E. Approval of Building Permit within Proposed Street on Official Map. To authorize upon appeal the grant of a permit for a building or structure or part thereof within any mapped street location in any case in which the board of appeals, upon the evidence, finds:

1. That the property of the appellant of which such mapped street location forms a part will not yield a reasonable return to the owner unless such permit be granted; or

2. That, balancing of interest of the city in preserving the integrity of the official map and the interest of the owner in the use and benefits of the property, the grant of such permit is required by consideration of justice and equity.

In the event that the board of appeals decides to authorize a building permit, it shall have the power to specify the exact location, ground area, height, and other details and conditions of extent and character and also the duration of the building, structure, or part thereof to be permitted. (UCA 10-9-24) [Ord. 1998-99-A § 10-2-3.3.]

18.12.170 Power of board limited.

The powers and duties of the board are limited to the judicial and administrative actions specifically authorized in the zoning regulations. The board shall not have the authority to amend this title or to act outside the rules governing the activities of the board as set forth in the zoning regulations; and all decisions shall be made in such a way so as not to destroy the intent and purpose of this title. [Ord. 1998-99-A § 10-2-3.4.]

18.12.180 Appeals to the board – Time limit – Persons entitled to appeal – Transmission of records.

Any person, organization, corporation or unit or department of government which has been aggrieved by a decision allegedly made in error by the zoning administrator or is requesting approval of a special exception, variance or other action upon which the board is authorized to act may do so by filing a formal request in writing with the board; provided, any appeal from a decision made by the zoning administrator shall be made by filing an application with the board within a period not to exceed 45 days from the date of the contested action. (UCA 20-9-9) [Ord. 1998-99-A § 10-2-3.5.]

18.12.190 Stay of proceedings pending appeal.

An appeal stays all proceedings in furtherance of the action appealed from, unless the zoning administrator certifies to the board of appeals after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause eminent peril of life or property. In such case proceedings shall not be stayed otherwise than by restraining order which may be granted by the board of appeals or by the district court on application and notice and on due cause shown. (UCA 10-9-10) [Ord. 1998-99-A § 10-2-3.6.]

18.12.200 Notice of appeal – Right of appearance.

The board of appeals shall fix a reasonable time for the hearing of the appeal or request, give public notice thereof as well as due notice to the parties in interest, and shall decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney. (UCA 10-9-11) [Ord. 1998-99-A § 10-2-3.7.]

18.12.210 Decision on appeal.

In exercising the above-mentioned powers such board may, in conformity with the provisions of the zoning regulations, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the zoning administrator and such other powers as herein provided. (UCA 10-9-13) [Ord. 1998-99-A § 10-2-3.8.]

18.12.220 Vote necessary for reversal.

The concurring vote of three members of the board shall be necessary to reverse any order, requirement, or determination of any such administrative official, or to decide in favor of the appellant on any matter upon which it is required to pass under any such ordinance, or to affect any variation in the provision of such regulations. (UCA 10-9-14) [Ord. 1998-99-A § 10-2-3.9.]

18.12.230 Judicial review of board decisions.

The city or any person aggrieved by any decision of the board of appeals may have and maintain a plenary action for relief therefrom in any court of competent jurisdiction; provided, petition for such relief is presented to the court within 30 days after the filing of such decision in the office of the board. (UCA 10-9-15) [Ord. 1998-99-A § 10-2-3.10.]

Article IV. Zoning Administrator

18.12.240 Zoning administrator appointed.

There is hereby created the office of zoning administrator. The mayor, with the advice and consent of the council, shall appoint a person to act as zoning administrator. Said administrator is hereby charged with the administration and enforcement of the development code and such other duties as are set forth in MMC 18.12.250. [Ord. 1998-99-A § 10-2-4.1.]

18.12.250 Powers and duties of zoning administrator.

It shall be the duty of the zoning administrator:

A. To review all applications for building permits and certificates of zoning compliance.

B. To refuse to issue any permit unless the plans of and for the proposed erection, construction, or use fully conform to all regulations in effect within the city.

C. To enforce the provisions of the zoning regulations and, wherever violations occur, to consult with the city attorney, to post or issue citations, to prepare exhibits, testimony, and other data which may be needed in such enforcement.

D. To render administrative decisions on those certain routine and uncontested matters as are delegated to him by the council or board of appeals and pursuant to established guidelines relating thereto. [Ord. 1998-99-A § 10-2-4.2.]