Chapter 11-2 MUNICIPAL PLANNING

In order to accomplish the purposes set forth in this Title and in accordance with the Utah State Municipal Land Use, Development, and Management Act, Section 10-9a-4, Utah Code Annotated 1953, the City shall prepare and adopt a comprehensive, long-range General Plan.

(1979 Code 11-2-101; repealed and readopted by Ordinance No. 21-92; Ord. No. 06-2012, 07/17/2012; Ord. No. 19-2023 § 1 (Exh. A), 12/19/2023)

11-2-102 Effect of General Plan on Public Uses. Revised 10/24

After the City Council has adopted a General Plan or any amendments to the General Plan, no street, park, or other public way, ground, place, or space, no publicly owned building or structure, and no public utility, whether publicly or privately owned, may be constructed or authorized unless and until it conforms to the Plan or it has been considered by the Planning Commission, and after receiving the advice of the Planning Commission, approved by the City Council as an amendment to the General Plan.

(Adopted by Ordinance No. 21-92; Ord. No. 06-2012, 07/17/2012; Ord. No. 19-2023 § 1 (Exh. A), 12/19/2023. Formerly 11-2-104)

Article 2 – PLANNING COMMISSION

11-2-201 Establishment of Planning Commission. Revised 10/24

There is hereby created a Planning Commission which shall have seven (7) members of the general public appointed by the Mayor, with the approval of the City Council. Members of the Commission shall serve without compensation, except that the City may make provision for payment of necessary expenses incurred by them in carrying out the duties specified in this Chapter. Members shall be selected without respect to political affiliations.

The Mayor shall designate one (1) member of the City Council and one (1) alternate member selected from the City Council to be assigned to attend the Planning Commission meetings. City Council members shall serve as nonvoting members of the Commission. In addition, selected staff members shall attend Commission meetings.

(1979 Code 11-2-201; amended by Ordinance No. 9-91, and #10-2007, 03/20/2007; Ord. No. 06-2012, 07/17/2012; Ord. No. 19-2023 § 1 (Exh. A), 12/19/2023)

11-2-202 Term of Office. Revised 10/24

Each member of the Planning Commission, except the City Council members who serve on the Commission, shall serve for a term of four (4) years and until his successor is appointed; provided, that the members first appointed shall be appointed for such terms that the terms of the members shall be staggered to expire every two (2) years. The term of the City Council members who sit on the Planning Commission shall be for two (2) year segments concurrent with the term on the Council. The term of office of each voting member shall commence on the first (1st) day of April in the year in which such member is appointed. Planning Commission members serve at the pleasure of the City Council. Vacancies shall be filled in the same manner as the original appointment for the unexpired term.

(1979 Code 11-2-202; amended by Ordinance No. 9-91, and #10-2007, 03/20/2007; Ord. No. 06-2012, 07/17/2012; Ord. No. 19-2023 § 1 (Exh. A), 12/19/2023)

11-2-203 Organization. Revised 10/24

(1) At its first (1st) meeting in February of each year, the Planning Commission shall elect one (1) of its members as Chairman. The Chairman shall serve for a term of one (1) year and until a successor is chosen in the same manner. A vacancy in the chairmanship shall be filled for the unexpired term by election at the next meeting of the Planning Commission. A person may be elected to serve consecutive terms as Chairman.

(2) The Planning Commission shall adopt rules for its own organization and for the transaction of business. Meetings of the Planning Commission shall be held monthly or more frequently as the Commission deems advisable. Reports of official acts and recommendations of the Planning Commission shall be made by the Chairman in writing to the City Council and shall indicate how each member of the Commission voted with respect to such act or recommendation. Any member of the Commission may also make a concurring or dissenting report or recommendation to the City Council whenever he so desires.

(3) All meetings of the Planning Commission shall comply with the requirements of the Utah Open and Public Meetings Act.

(1979 Code 11-2-203; amended by Ordinance Nos. 21-92 and 4-93; Ord. No. 06-2012, 07/17/2012; Ord. No. 19-2023 § 1 (Exh. A), 12/19/2023)

11-2-204 Duties and Powers. Revised 10/24

The Planning Commission shall have the following powers and duties:

(1) The Planning Commission, as provided by Section 11-2-101, shall prepare and recommend to the City Council a General Plan and amendments to the General Plan.

(2) The Planning Commission may make reports and recommendations relating to the planning and development of the City to public officials and agencies, and other organizations and citizens. 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.

(3) The Planning Commission or designee shall prepare regulations governing the subdivision of land within the City or amendments to such regulations and submit said regulations or amendments to the City Council for adoption.

(4) Repealed by Ord. No. 19-2023, 12/19/2023.

(5) The Planning Commission may, or by order of the City Council shall, make and recommend to the City Council a zoning plan, including both the full text of the zoning regulations and maps and amendments thereto. The zoning regulations, including the maps, may be amended from time to time by the City Council.

(6) The Planning Commission shall hear and decide all applications for conditional use permits.

(7) The Planning Commission shall prepare regulations governing the approval, construction and maintenance of condominium projects, or amendments to such regulations, and shall submit said regulations to the City Council for adoption.

(8) The Planning Commission, by order of the City Council, shall make and recommend to the City Council a multiyear improvement program which shall set forth an orderly program for the acquisition of land, buildings and other facilities that are needed for City purposes.

(9) The Planning Commission may conduct hearings and meetings with interested property owners, officials and citizens in the process of carrying out its functions.

(1979 Code 11-2-205; amended by Ordinance Nos. 21-92 and 31-92; Ord. No. 06-2012, 07/17/2012; Ord. No. 19-2023 § 1 (Exh. A), 12/19/2023)

11-2-205 Qualifications. Revised 10/24

All members of the Commission shall be residents of the City of Springville.

(Adopted by Ordinance #10-2007, 03/20/2007; Ord. No. 19-2023 § 1 (Exh. A), 12/19/2023)

11-2-206 Sub-Committees Authorized. Revised 10/24

(1) The Planning Commission may elect to establish a sub-committee consisting of Commission members to oversee specific areas of concern to the Commission. In authorizing a sub-committee, the Commission shall establish rules and procedures for members, terms, and duties of the sub-committee.

(2) In the event the Planning Commission elects to appoint an individual who is not a member of the Commission to any sub-committee, the Commission shall present the recommendation and all rules and procedures for the non-Commission member, including terms and duties, to the Mayor for appointment and potential confirmation by the City Council.

(Adopted by Ordinance #10-2007, 03/20/2007; Ord. No. 19-2023 § 1 (Exh. A), 12/19/2023)

Article 3 – BOARD OF ADJUSTMENT AS THE ADMINISTRATIVE LAND USE APPEAL AUTHORITY

11-2-301 Establishment of Board of Adjustment as the Administrative Land Use Appeal Authority. Revised 5/24

(1) Board Created – A Board of Adjustment is hereby created, which shall act as the Administrative Land Use Appeal Authority. The Board shall consist of five (5) members to be appointed by the Mayor with the advice and consent of the City Council. It is the intent of this establishment to appoint person(s) who will not personally benefit from decisions associated with the interpretation of the ordinances of Springville City.

(2) Alternate Member Appointments – Three (3) alternate members shall be appointed by the Mayor, with the advice and consent of the City Council. Alternate members shall sit as members of the Board on a rotating basis at the call of the chairman of the Board of Adjustment in the temporary absence of a regular member. No more than two (2) alternate members may sit at any meeting of the Board of Adjustment.

(3) Term of Office – Each member and alternate member shall serve for a term of five (5) years; provided, that the term of members of the first Board shall be such that the term of one (1) member shall expire each year. The term of office of each member shall commence the first day of February in the year in which the member is appointed. Any vacancy occurring on said Board by reason of death, resignation, removal or disqualification shall be filled in the same manner as an original appointment for the unexpired term. No person shall serve more than two (2) consecutive terms on or as a member of the Board of Adjustment. Partial terms shall not be considered in determining whether a person has served two (2) consecutive terms.

(4) Removal for Cause – The Mayor may remove any member of the Board of Adjustment Appeal Authority for cause if written charges against the member are filed with the Mayor and after public hearing, if such hearing is requested by the Board member.

(5) Residency Requirement – All members of the Board shall be residents of the City.

(1979 Code 11-2-301; amended by Ordinance No. 21-92; amended by Ordinance No. 27-02; Ord. No. 08-2011, 05/03/2011; Ord. No. 01-2024 § 1 (Exh. A), 02/06/2024)

11-2-302 Organization and Procedure. Revised 5/24

(1) The Board of Adjustment shall organize and elect a Chairperson and adopt rules for its activities in accordance with this Title. Meetings of the Board shall be held at the call of the Chairperson and at such times as the Board may determine. The Chairperson, or in the Chairperson’s absence, the acting Chairperson may administer oaths and compel the attendance of witnesses. All meetings of the Board shall comply with the requirements of the Utah Open and Public Meetings Act.

(2) 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, which is the Department of Community Development, and shall be public record.

(3) The concurring vote of three (3) members of the Board of Adjustment is necessary to reverse any order, requirement, decision, or determination of the Planning Commission or any administrative official or agency or to decide in favor of the appellant.

(4) Decisions of the Board of Adjustment shall become effective at the meeting in which the decision is made, unless the Board specifies otherwise.

(Ord. No. 06-2012, 07/17/2012; Ord. No. 01-2024 § 1 (Exh. A), 02/06/2024)

11-2-303 Duties and Powers. Revised 5/24

The Board of Adjustment shall have the following powers:

(1) To hear and decide appeals where it is alleged that there was an error in any order, requirement, decision or determination made by a land use authority, the Planning Commission and/or the Community Development Director’s administration, interpretation or enforcement of the Zoning Ordinance.

(2) To hear and decide appeals from Planning Commission decisions regarding conditional use permits.

(3) To hear and decide special exceptions to the terms of the Zoning Ordinance, but only when specifically authorized to do so under the terms of the Zoning Ordinance.

(4) To hear and decide all matters concerning nonconforming uses, buildings and lots.

(5) To hear and decide variances from the terms of the Zoning Ordinance.

(6) Upon appeal, authorize the construction of a residential dwelling having the lowest floor below the base flood level in the FPO(A1-30) subzone or lower than one foot (1') above the crown of the nearest street in the FPO(AO) subzone; provided:

(a) That the structure is permitted with that portion of the FPO zone in which it is proposed to be placed.

(b) That the portion of the structure subject to flooding will be adequately flood-proofed.

(c) That, in the opinion of the Board of Adjustment, the applicant has made a showing of good and sufficient cause that failure to authorize construction will result in exceptional and unnecessary hardship to the applicant, that construction of the dwelling will not result in increased flood heights, additional threats to public safety, extraordinary public expenses, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances, and that the requirements and conditions attached to the approval are the minimum necessary, considering the flood hazard, to afford relief to the applicant.

(Ord. No. 08-2011, 05/03/2011; Ord. No. 01-2024 § 1 (Exh. A), 02/06/2024)

11-2-304 Community Development Director’s Determination. Revised 5/24

The Community Development Director may decide certain matters consistent with the guidelines established by this Chapter and State law and the rules adopted by the Board. Pursuant to that authority, the Community Development Director may decide all cases that are routine in nature, uncontested, do not impact on the character of the neighborhood, are primarily brought about by changes in the Zoning Ordinance creating a large number of nonconforming structures, uses. All decisions of the Community Development Director may be appealed to the Board. The specific types of decisions the Community Development Director is authorized to make shall include:

(1) Determination of a nonconforming use that can be verified by substantial evidence. Substantial evidence, for the purpose of this Section, shall mean all official documents, including any written correspondence, receipts, permits or documents issued by a public body or agency thereof, etc. that may establish the truth of the matter asserted by the applicant.

(2) Consideration of additions and alterations to existing nonconforming buildings and structures, provided such additions and alterations will not result in expanding the nonconformities of the building or structure.

(3) Consideration of additions and alterations to a legally built dwelling in a nonresidential zoning district that meet the development requirements of the R1 zoning district as defined in the 1949 Zoning Ordinance and do not result in any additional dwelling units.

(4) Consideration of actions to nonconforming buildings, structures and lots that will not result in expanding the nonconformities of such.

(5) Final review and approval on plans where the Board has required that a final plan be submitted for special approval, showing that all the requirements imposed by the Board in granting the original approval have been complied with.

(Ord. No. 01-2024 § 1 (Exh. A), 02/06/2024)

11-2-305 Appeals to the Board. Revised 5/24

(1) Appeal may be made to the Board of Adjustment by any applicant, other person or entity adversely affected by a decision administering or interpreting the Zoning Ordinance.

(a) The appeal shall be made within ten (10) business days of the action of decision being appealed from by filing a written notice of appeal to the Board of Adjustment with the Community Development Department. The notice shall be submitted with an application or other completed forms provided by the City, and the appellant shall pay a fee in an amount established by resolution of the City Council.

(b) If an appeal is not filed within ten (10) business days, the applicant waives their right to appeal.

(c) Any officer, department, board, or bureau of the City affected by the grant or refusal of a building permit or by any other decisions of the administrative officer in the administration or interpretation of the Zoning Ordinance may appeal any decision of the Board of Adjustment.

(d) The notice of appeal shall specify the grounds for the appeal and associated circumstances. The notice shall allege that there is error in any order, requirements, decision or determination made by an official or officials in the administration or interpretation of the Zoning Ordinance.

(e) The person or entity making the appeal shall have the burden of proving that an error has been made.

(f) All papers constituting the record upon which the action appealed from was made shall be transmitted to the Board of Adjustment.

(g) The Board of Adjustment shall set a hearing of the appeal within a reasonable time from the date the appeal is received. Public notice of the hearing shall be given and the applicant shall be noticed by first class mail at least five (5) days prior to the date of the hearing.

(h) After hearing the appeal, the Board of Adjustment may 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 the Board determines is correct.

(i) The filing of an appeal shall stay all proceedings and actions in furtherance of the matter appealed, pending a decision of the Board of Adjustment. Said stay shall exist unless the Planning Commission or Community Development Director certifies to the Board of Adjustment, after the notice of appeal shall have been filed, that by reason of facts stated in the certificate, the stay would cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by restraining order which may be granted by the Board of Adjustment or by District Court on application, notice and due cause shown.

(2) Limitations of Board’s Powers – The Board of Adjustment may only make decisions applying the Springville City Zoning Ordinance, requests for variances from the term of land use ordinances and appeals from a fee charged by the City in accordance with Section 10-9a-510, Utah Code Annotated 1953. Appeals may not be made and the Board of Adjustment may not consider any Zoning Ordinance amendments, nor any waiver or modifications to the terms or requirements of the Zoning Ordinance.

(Ord. No. 08-2011, 05/03/2011; Ord. No. 01-2024 § 1 (Exh. A), 02/06/2024)

11-2-306 Variances. Revised 5/24

(1) Definition – A variance is a device that grants a property owner relief from certain provisions of the Zoning Ordinance when, because of the particular physical surroundings, shape, or topographical conditions of the property, compliance would result in a particular hardship upon the owner, as distinguished from an inconvenience or a desire to reduce financial difficulties.

(2) Any person or entity desiring a waiver or modification of the requirements of the Zoning Ordinance as applied to a parcel of property that he owns, leases, or in which he holds some other beneficial interest may apply to the Board of Adjustment Appeal Authority for a variance from the terms of the Zoning Ordinance.

(3) The Board of Adjustment may grant a variance only if:

(a) Literal enforcement of the Zoning Ordinance would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of the Zoning Ordinance;

(b) There are special circumstances attached to the property that do not generally apply to other properties in the same district;

(c) Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zoning district;

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

(e) The spirit of the Zoning Ordinance is observed, and substantial justice is done.

(4) In determining whether or not enforcement of the Zoning Ordinance would cause unreasonable hardship under subsection (3)(a) of this section, the Board of Adjustment may not find an unreasonable hardship unless the alleged hardship:

(a) Is located on or associated with the property for which the variance is sought; and

(b) Comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood.

(5) In determining whether or not enforcement of the Zoning Ordinance would cause unreasonable hardship under subsection (3)(a) of this section, the Board of Adjustment may not find an unreasonable hardship if the hardship is self-imposed or economic.

(6) In determining whether or not there are special circumstances attached to the property under subsection (3)(b) of this section, the Board of Adjustment may find that special circumstances exist only if the special circumstances:

(a) Relate to the hardship complained of; and

(b) Deprive the property of privileges granted to other properties granted in the same district.

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

(8) Variances run with the land.

(9) Use variances may not be granted by the Board of Adjustment or any other body.

(10) In granting a variance, the Board of Adjustment may impose additional requirements on the applicant that will:

(a) Mitigate any harmful effects of the variance; or

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

(11) If a variance is granted by the Board of Adjustment, alterations must begin six (6) months from the date the variance is granted, otherwise, the variance shall be null and void. The Board of Adjustment may grant one six (6) month extension if the petitioner can show adequate cause that circumstances necessitate a time extension.

(Ord. No. 01-2024 § 1 (Exh. A), 02/06/2024)

11-2-307 District Court Review of Appeal Authority Decisions. Revised 5/24 Revised 10/24

(1) Any person or entity adversely affected by any decision of the Board of Adjustment may petition the District Court for a review of the decision.

(2) In the petition for review, the petitioner may only allege that the Board of Adjustment’s decision was arbitrary and capricious or illegal.

(3) The petition is barred unless it is filed within thirty (30) days after the Board of Adjustment’s decision is final.

(4) The Board of Adjustment shall transmit to the reviewing court the record of its proceedings, including its minutes, findings, orders, and, if available, a true and correct transcript of these proceedings. If the proceeding was tape recorded, a transcript of that tape recording is a true and correct transcript for purposes of this subsection.

(5) Review of the Board of Adjustment’s Appeal Authority’s decision shall be done by the court in the manner and upon the standards provided by the law.

(6) The filing of a petition for review by the District Court does not stay the decision of the Board of Adjustment. Before filing the petition for review, the aggrieved party may petition the Board of Adjustment to stay its decision. Upon receipt of a petition for a stay, the Board of Adjustment may order its decision stayed pending District Court review if the Board of Adjustment finds it to be in the best interest of the City. After the petition is filed, the petitioner may seek an injunction staying the Board of Adjustment’s decision.

(Ord. No. 19-2023 § 1 (Exh. A), 12/19/2023; Ord. No. 01-2024 § 1 (Exh. A), 02/06/2024)

Article 4 – ZONING ADMINISTRATOR

11-2-401 Zoning Administrator.

There is hereby created the office of Zoning Administrator. Said administrator is hereby charged with the administration and enforcement of the zoning regulations of the City and other duties as set forth below. The Zoning Administrator shall be appointed by the Mayor, with the advice and consent of the City Council, and shall serve at the pleasure of the City Council.

(1979 Code 11-2-401)

11-2-402 Powers and Duties of the Zoning Administrator.

The Zoning Administrator shall have the following powers and duties:

(1) To review all applications for building permits and certificates of zoning compliance and to issue such permits or certificates when all requirements of the zoning regulations have been met.

(2) To enforce the zoning regulations within the City, and to refuse to issue any permit unless the plans of and for the proposed erection, construction, or use fully conform to all zoning regulations in effect within the City.

(3) Upon appeal to the Board of Adjustment, Planning Commission or City Council of any matters on which the Board, Commission or Council is required to pass under the terms of zoning regulations, the Zoning Administrator shall forthwith transmit all papers, records, exhibits, and other pertinent data pertaining to appeal thereto.

(4) To keep the Official Zone Map current.

(1979 Code 11-2-402; amended by Ordinance No. 26-91)

Article 5 – PLANNING ADMINISTRATOR

11-2-501 Planning Administrator. Revised 10/24

The Community Development Director or their designee shall serve as the Planning Administrator. It shall be the duty of the Planning Administrator to assist the Planning Commission in the performance of its duties, along with other duties as set forth below.

(1979 Code 11-2-501, amended by Ord. No. #19-2007, 04/03/2007; Ord. No. 19-2023 § 1 (Exh. A), 12/19/2023)

11-2-502 Powers and Duties of the Planning Administrator. Revised 10/24

The Planning Administrator shall have the following powers and duties:

(1) To review all applications for annexation, residential and commercial subdivisions, condominium projects and other site plans.

(2) To review and approve commercial and residential subdivisions and site plans as specifically defined in the Development Code;

(3) To respond to requests for information from citizens and officials regarding the details of the City’s General Plan, subdivision requirements, and the activities of the Planning Commission.

(4) To make technical studies relating to amendments of the Development Code.

(5) To cooperate and coordinate their work with the City Engineer, City Attorney and representatives from the Public Works Department, Public Safety Department, Power Department, Buildings and Grounds Department, and other City officers and employees as may be appropriate, along with representatives of utility service providers.

(6) To assist the Planning Commission in updating the General Plan and carrying out any part of the Plan into greater detail.

(7) To assist the Planning Commission in the preparation of its annual, multi-year improvement program for the City.

(8) To enforce the provisions of the Development Code relating to subdivisions and site developments. Whenever violations occur, to consult with the City Attorney, post or issue citations and to prepare exhibits, testimony, and other data which may be needed in such enforcement.

(9) To serve as secretary of the Planning Commission.

(1979 Code 11-2-502, amended by Ord. No. 19-2007, 04/03/2007; Ord. No. 19-2023 § 1 (Exh. A), 12/19/2023)

CHAPTER 2MUNICIPAL PLANNING Revised 5/24 Revised 10/24

11-2-101 General Plan. Revised 10/24