Chapter 9
GENERAL PROVISIONSlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30045
10-9-1: PURPOSE:
10-9-2: AUTHORITY:
10-9-3: JURISDICTION:
10-9-4: SEVERABILITY:
10-9-5: REPEAL AND CONTINUING EFFECT:
10-9-6: RELATIONSHIP TO OTHER LAWS:
10-9-7: BURDEN OF PROOF:
10-9-8: AMENDMENT AND REVIEW:
10-9-9: AMENDMENT AND LEGAL EFFECT OF GENERAL PLAN:
10-9-10: DECISION MAKING AND ADMINISTRATIVE BODIES:
10-9-11: SCOPE OF DEVELOPMENT PERMIT APPROVALS:
10-9-12: AMENDMENT TO DEVELOPMENT PERMITS:
10-9-13: REAPPLICATION FOLLOWING DENIAL:
10-9-14: REVOCATION OF APPROVALS AND/OR PERMITS:
10-9-15: FEE FOR PROCESSING:
10-9-16: INSPECTIONS:
10-9-17: DETERMINATIONS OF VESTED RIGHTS AND OTHER DISPUTES:
10-9-18: PUBLIC HEARING REQUIREMENTS:
10-9-19: ENFORCEMENT:
10-9-20: VIOLATIONS AND PENALTIES:
10-9-21: REMEDIES:
10-9-22: APPEAL PROCEDURES:

10-9-1: PURPOSE:linklink


This title is adopted for the statutorily authorized purposes set forth in Utah Code Annotated, section 17-27-102, as such may be amended from time to time. (Ord. 708, 12-10-2008)
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10-9-2: AUTHORITY:linklink

This title implements the Snyderville Basin general plan of the county (hereinafter "plan"), which has been prepared and adopted pursuant to Utah Code Annotated, section 17-27-303. This title contains requirements for consistency with the general plan, the processing and approval of subdivision plats and site plans, building and development permits, variances, administrative relief and appeals, conditional use permits, amendments to the general plan and zoning, specific plans and development agreements as authorized by the county land use development and management act, Utah Code Annotated, section 17-27-101 et seq. (Ord. 708, 12-10-2008)
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10-9-3: JURISDICTION:linklink


A. Subdivision Of Land: No land required to be subdivided pursuant to state law may be subdivided through the use of any legal description other than with reference to a plat approved by the county manager, or his/her designee, in accordance with this title.


B. Building Permit Or Certificate Of Occupancy: No building permit or certificate of occupancy shall be issued for any parcel or plat of land after the effective date hereof, and not in substantial conformity with the provisions of this title, unless it is in substantial conformity with the provisions contained in this title.


C. Excavations: No excavation of land or disturbance of any vegetation or construction of any public or private improvements shall take place or be commenced except in conformity with this title.


D. Development Of Land: No development of land may occur in the county except pursuant to a validly executed and approved low impact permit, final subdivision plat, final site plan, conditional use permit, SPA plan with an accompanying plat or site plan, temporary use permit, or development agreement. (Ord. 708, 12-10-2008)

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10-9-4: SEVERABILITY:linklink

The provisions of this title are declared to be severable, and if any section, provision, or part thereof shall be held unconstitutional or invalid, the remainder of this title shall continue in full force and effect, it being the legislative intent that this title would have been adopted even if such unconstitutional matter had not been included therein. It is further declared that if any provision or part of this title, or the application thereof, to any person or circumstances, is held invalid, the remainder of this title and the application thereof to other persons shall not be affected thereby. (Ord. 708, 12-10-2008)
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10-9-5: REPEAL AND CONTINUING EFFECT:linklink

All presently existing county regulations and ordinances applicable to the Snyderville Basin, to the extent of their inconsistency with this title, are repealed; provided, however, that any property within the Snyderville Basin may, in whole or in part, be developed under this title, previous versions of this title, pursuant to a determination of vested rights or a consent agreement as provided in section 10-9-17 of this chapter; provided, further, that the repeal referred to herein shall not be deemed to void vested rights existing prior to November 12, 1996. (Ord. 708, 12-10-2008)
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10-9-6: RELATIONSHIP TO OTHER LAWS:linklink

If state or federal law or future county resolutions or ordinances impose additional or duplicative standards on developments regulated by this title, the more restrictive standard shall be met by the proposed development. (Ord. 708, 12-10-2008)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30045#s929287
10-9-7: BURDEN OF PROOF:linklink

The burden of proof shall, in all proceedings pursuant to this title, rest with the proponent of an application for development approval. (Ord. 708, 12-10-2008)
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10-9-8: AMENDMENT AND REVIEW:linklink

For the purpose of protecting the public health, safety and general welfare, the county or any person residing or doing business within the Snyderville Basin may from time to time propose amendments to this title. Such amendments shall be consistent with the general plan as provided in chapter 7 of this title. (Ord. 708, 12-10-2008)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30045#s929289
10-9-9: AMENDMENT AND LEGAL EFFECT OF GENERAL PLAN:linklink


A. The county has adopted a general plan for development pursuant to the procedures set forth in Utah Code Annotated, section 17-27-303. The general plan is hereby declared to be binding for purposes of future amendments to this title, and all applications for development approval, development permits, specific plans, administrative relief and appeals. All above applications for development approval shall be consistent with the general plan pursuant to the authority granted in Utah Code Annotated, section 17-27-303(6)(b).


B. The general plan text and land use maps may be amended as provided by Utah Code Annotated, section 17-27-304 and chapter 7 of this title. No amendment to the general plan may be recommended by the commission or approved by the county council unless such amendment is internally consistent with the other elements of the general plan, the general plan land use maps and the goals, objectives and policies of the general plan. If any amendment is proposed that is inconsistent with any element or provision of the existing general plan, such amendment shall include proposed additions, revisions or deletions to the other elements or provisions of the general plan as needed to maintain consistency between the various elements and provisions of the general plan.


C. This chapter and this title as adopted are hereby declared to be consistent with the general plan of the county pursuant to the provisions of Utah Code Annotated, section 17-27-303(6)(b). (Ord. 708, 12-10-2008)

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10-9-10: DECISION MAKING AND ADMINISTRATIVE BODIES:linklink


A. County Council: The county council shall have the following powers and duties:

1. To adopt the general plan, the general plan land use maps, and all elements of the general plan;

2. To initiate amendments to the text and map of this title, the general plan, and neighborhood planning area land use maps;

3. To hear, review and adopt amendments to the text of this title and zoning map;

4. To approve, deny or to amend SPA/SPA plans and specific rezones;

5. To approve a consent agreement, exemption or vested rights determination in accordance with the procedures specified herein;

6. In the case of a dispute pertaining to the boundary of a land use category or zoning district, to render interpretations of the general plan land use maps and zoning map, and/or disputes pertaining to lot lines, district boundary lines, or questions arising from the administration of the zoning ordinance use and bulk provisions;

7. To grant variances from all subdivision regulations which are based upon a hardship, but which will not adversely affect the health, safety and general welfare of the residents of the county; and

8. To take such other action that is not legislative in nature or provided for in the optional plan of government for Summit County.


B. County Manager: The county manager shall have the following powers and duties:

1. To approve, deny or amend all administrative permits and applications, including subdivision plats and site plans;

2. To render determinations regarding the existence, expansion or modification of nonconforming uses and exceptions from the provisions of this title if an applicant asserts that said applicant has been deprived of, or has been subject to, a taking of property without just compensation or asserts other invalidity by the passage of this title;

3. To take such other action that is executive in nature or provided for in the optional plan of government for Summit County.


C. Planning Commission ("Commission"):

1. Planning District Established: There is hereby created a Snyderville Basin planning district ("SBPD"), the boundaries of which are coterminous with the area identified on the Snyderville Basin planning district boundary map, on file in the community development department.

2. Planning Commission Established: There is hereby established a Snyderville Basin planning district commission ("commission").

3. Powers And Duties: The commission shall have the following powers and duties:

a. To prepare or cause to be prepared a general plan, zoning regulation or subdivision regulation and to recommend the proposed general plan, zoning regulation or subdivision regulation or element to the county council;

b. To prepare or cause to be prepared amendments to such plan and land use regulations thereof and to recommend the amendments to the county council;

c. To review and make recommendations to the county council in regard to amendments to the general plan, and neighborhood planning area land use maps;

d. To initiate, hear, review and make recommendations to the county council on applications for amendments to the text or map of this title;

e. To hear, review and recommend approval or disapproval of all applications for subdivision, site plan, specific plan, conditional use, development agreement, SPA and SPA plan or other procedures identified in this title, in accordance with the rules and regulations established by the county council, or to approve certain development applications when specifically authorized by the county council;

f. To establish subcommittees, consisting of up to three (3) members of the commission, to address specific issues of concern related to the commission. Notice of time and place shall be given for subcommittee meetings, and meeting minutes shall be kept. Subcommittee terms will follow the terms for the commission.

Subcommittees shall report their findings and recommendations for actions to the full commission. In the event action beyond the scope and powers of the commission needs to be taken, or in the event a conflict arises that cannot be resolved by the commission as a whole, the matter may be referred to the county council or county manager by a majority vote of the commission. The county council or county manager, as the case may be, shall have final authority on all subcommittee matters.

The following standing subcommittees have been identified:

(1) City-county subcommittee: This subcommittee meets with Park City municipal staff, Park City planning commission and other staff to coordinate on items of mutual concern.

(2) Development follow-through subcommittee: This subcommittee is established to conduct annual and other reviews of all development agreements and consent agreements within the county.

(3) The canyons SPA subcommittee: This subcommittee is available to review items pertaining to the canyons SPA.

4. Qualifications For Membership: Members of the SBPD commission shall be residents of the Snyderville Basin planning district of the county for one year prior to appointment and shall remain a resident of the Snyderville Basin planning district throughout their term.

5. Membership, Appointment, Terms, Removal, Vacancies And Compensation:

a. The commission shall be composed of seven (7) members to be appointed by the county council, no more than two (2) of which may be residents of Park City Municipal Corporation. Any vacancy in the membership of the commission shall be advertised by posting and publication in a newspaper of general circulation and applications accepted for a minimum of fourteen (14) days following such publication and posting. In making appointments to and filling vacancies on the commission, the county council shall assure diversity in the membership of the commission to the extent reasonably practicable by considering all relevant factors such as geographic diversity, occupational diversity, socioeconomic factors, cultural influences, and other similar criteria.

b. All members of the commission shall serve at the pleasure of the county council and may be removed by county council.

c. Members may be compensated per diem, based upon meetings actually attended, and reasonable and necessary expenses, as determined by the county council.

d. All members shall serve a term of three (3) years, except that in the case of the first commission appointed under the provisions of this section, two (2) members shall be appointed for an initial term of one year, two (2) members shall be appointed for an initial term of two (2) years, and three (3) members shall be appointed for an initial term of three (3) years. Any vacancy created during the term of a member of the commission shall be filled for only the remainder of the unexpired portion of that term. No member shall serve more than three (3) consecutive terms, including any terms on the current commission or portions of unexpired terms.

e. At an annual organizational meeting to be held in March, after the appointment of any new commission members, the members of the commission shall elect one of their members as chair and one as vice chair. In the absence of the chair, the vice chair shall act as chair and shall have all powers of the chair. If both the chair and vice chair are absent or unable to preside over the meeting, the commission members present shall appoint a temporary chair (pro tem chair) to preside. The chair shall serve a term of one year. No member shall serve as chair for more than two (2) consecutive one year terms. If the chair leaves the commission during an appointed term, the vice chair shall succeed to the office of chair for the remainder of the term. If the vice chair leaves the commission or succeeds to the office of chair, the commission at its next regular meeting shall hold an election to fill the vacancy of vice chair.

f. The chair, or in the chair's absence the vice chair, shall administer oaths, shall be in charge of all proceedings before the commission, and shall take such action as shall be necessary to preserve order and the integrity of all proceedings before the commission.

g. The CDD or designated planning staff member shall maintain attendance records of the members. If any member of the commission shall fail to attend three (3) regular meetings of the commission within any consecutive three (3) month period, the CDD or designated planning staff member shall immediately file a notification of such nonattendance with the county manager. The county council may, by appropriate action, terminate the appointment of such person and fill the vacancy thereby created as soon as possible.

6. Recording Secretary: The CDD or designated planning staff member shall appoint a recording secretary to serve the commission. The secretary shall keep minutes of all proceedings of the commission, which minutes shall be a summary of all proceedings before the commission, attested to by a majority of the members of the commission voting. In addition, the secretary shall maintain all records of commission meetings, hearings and proceedings, the correspondence of the commission, and a mailing list of persons registering to receive notices of meetings, agendas or minutes and who have paid an annual fee set by the county council solely to cover copying and mailing cost for receiving all notices and agendas.

7. Staff: The department of community development shall be the professional staff of the commission.

8. Quorum And Necessary Vote: No meeting of the commission may be called to order, nor may any business be transacted by the commission, without a quorum consisting of at least four (4) members of the commission being present. The chair shall be considered for purposes of establishing a quorum and shall act as a voting member. All actions shall require the concurring vote of a majority of the members of the commission present at the meeting.

9. Meetings, Hearings And Procedure:

a. The commission shall establish a regular meeting schedule. Special meetings may be requested by the county council, county manager, the chair of the commission, a majority of the members of the commission, the chair of the county council, or the CDD or designated planning staff member.

b. If a matter is postponed due to lack of a quorum, the chair of the commission shall continue the matter to the next commission meeting. The CDD or designated planning staff member shall notify all members of the date of the continued meeting and also shall notify all parties.

10. Joint Planning Required: In order to provide for coordination and a means to adequately address matters that overlap planning district boundaries, the county council is authorized to require joint planning commission meetings for such matters. The CDD or designated planning staff member shall notify the county council of such matters and the county council shall then determine whether joint planning sessions are required. The purpose of joint planning meetings is to provide for discussion among planning commission members of each planning district within the county, public officials, developers and the public on various issues related to the matter in question. Notice of such joint planning sessions shall be for the purpose of discussion and education and are not intended to result in any formal recommendation during the joint planning session, although information presented at such session may be made part of the record of subsequent proceedings of either district planning commission related to the matter in question. Upon completion of the joint planning session, each district planning commission shall take action or make a recommendation on matters as required by the respective development codes. At least one joint planning meeting should be held annually to provide for discussion and coordination among planning commission members of each planning district, the staff of the department of community development, the county council, the county manager, and members of the public regarding issues of countywide concern.


D. Department Of Community Development:

1. Duties Of Department: The department shall perform the planning functions for the county and shall provide technical support and guidance for action on all general plan, general plan land use maps, general plan elements, amendments to this title, zoning map amendments, and on applications for development approval, and shall perform such other functions as may be requested by the county council, county manager, the commission or authorized by this title.

2. Community Development Director ("CDD"):

a. Creation And Appointment: The CDD shall be the department head of the department of community development and shall be selected by the county manager.

b. Jurisdiction, Authority And Duties: In addition to the jurisdiction, authority and duties which may be conferred upon the CDD by other provisions of this title, the CDD shall have the following jurisdiction, authority and duties:

(1) To serve as staff to the county council, county manager, commission and the board of adjustment and to inform such bodies of all facts and information at the CDD's disposal.

(2) Whenever requested to do so by the county council or county manager, with the assistance of other county departments, to conduct or cause to be conducted surveys, investigations and studies, and to prepare or cause to be prepared such reports, maps, photographs, charts and exhibits as may be requested.

(3) To make administrative interpretations pertaining to the operation and implementation of this title consistent with and in furtherance of chapter 1, "Program For Resort And Mountain Development", of this title.


E. Board Of Adjustment:

1. Appointment: The county manager with the advice and consent of the county council shall appoint five (5) members to the board of adjustment for three (3) year terms, or until the member's successor is appointed. Members shall serve no more than three (3) consecutive terms.

2. Removal: The county manager may remove any member for intentional misconduct or neglect of duty. Violation of county policies shall be tantamount to misconduct hereunder, and failure to attend two (2) consecutive board meetings shall be tantamount to neglect of duty hereunder. The CDD or designated planning staff member shall immediately file a notification of such nonattendance with the county manager. The county manager may, by appropriate action, terminate the appointment of such person and fill the vacancy thereby created as soon as possible for the unexpired term.

3. Officers: The members shall annually select a chair and a vice chair for one year terms.

4. Vacancies: Vacancies on the board occasioned by removals, resignations, or otherwise, shall be filled for the unexpired term in the same manner as the original appointments.

5. Powers And Duties: The board of adjustment shall hear and decide:

a. Variances from the terms of the zoning provisions established in chapter 2 of this title, said variances to be only granted pursuant to the provisions of this title regarding variances.

6. Issues BOA Does Not Have Authority To Consider: The board of adjustment shall not have power, jurisdiction or authority to consider any of the following:

a. Variances to the standards governing approval of subdivisions, site plans, specially planned area plans, consent agreements, levels of service, or conditional use permits;

b. Amendments to the general plan and any element or map thereof or any provision or map of this title, including the permissible use of land within any land use category or zoning district; or

c. Variances from the use provisions of the zoning regulations.

7. Staff: The community development department shall be and serve as the professional staff for the board of adjustment.

8. Meetings:

a. The board shall meet monthly and conduct business in compliance with the Utah open meetings act, including public notification of meeting places, times, and agenda items.

b. Written minutes of each board meeting shall be prepared, preserved, and made available for public inspection.

c. The attendance of three (3) or more members of the board shall constitute a quorum. All official acts of the board shall be by majority vote of those then present.

9. Qualifications For Membership: Members of the BOA shall be residents of the county for one year prior to their appointment and shall remain residents of the county throughout their terms. (Ord. 842, 7-15-2015)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30045#s929291
10-9-11: SCOPE OF DEVELOPMENT PERMIT APPROVALS:linklink


A. Except as otherwise provided in this section, the rights conferred by a development permit upon the filing of a complete application and approval by the county manager, county council, or CDD or designated planning staff member shall be limited to those development rights granted in the applicable provisions of this chapter and the conditions attached to the subject permit.


B. It is the intent of this title that no vested right shall be conferred pursuant to an application for development approval except for the following:

1. An approved SPA plan (development agreement); provided, however, that the development rights for which a vested right is conferred shall be limited to those development rights as specified in the agreement.

2. An application for building permit as provided by applicable law.

3. An application for final site plan or final subdivision plat as provided by applicable law.

4. A building permit shall be considered void after one hundred eighty (180) days if construction has not commenced.

5. All other development permits shall be considered void after one year unless substantial construction or development has taken place or has continued in good faith without interruption; provided, however, that a longer period of time may be provided for a phased subdivision plat or phased site plan as set forth in a condition attached to a specially planned area plan (development agreement). One 6-month extension of a development permit may be granted by the CDD upon his finding that special circumstances exist which warrant such an extension, including, but not limited to, a delay caused by a government review agency or a natural disaster. (Ord. 708, 12-10-2008)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30045#s929292
10-9-12: AMENDMENT TO DEVELOPMENT PERMITS:linklink

Amendments to an approved application for development approval must be reapproved in accordance with the procedures established for the original approval of the subject development permit, unless otherwise specifically allowed in this title. (Ord. 708, 12-10-2008)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30045#s929293
10-9-13: REAPPLICATION FOLLOWING DENIAL:linklink

If an application for a development permit is denied for failure to meet the substantive requirements of this title, an application for all or a part of the same property shall not be considered for a period of one year from the date of denial unless the subsequent application is for a development that is materially different from the previously denied proposal. (Ord. 708, 12-10-2008)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30045#s929294
10-9-14: REVOCATION OF APPROVALS AND/OR PERMITS:linklink


A. Authority: An approval or permit may be reconsidered and revoked by the county manager, county council, or CDD or designated planning staff member in accordance with the procedures set forth herein if it is determined that the application, decision, approval or permit was based on materially inaccurate or incomplete information, or where the applicant is in violation of the issued permit or approval.


B. Duties Of CDD; Hearing: If the CDD determines, based on inspection by county staff, that there are reasonable grounds for revocation of a development permit approval authorized by this title, the CDD shall set a hearing before the county manager or county council.


C. Notice And Public Hearing: Reasonable notice of the proceeding to revoke the development permit or approval shall be given to the applicant.


D. Required Findings: The county council, county manager, or CDD or designated planning staff member shall revoke the development permit upon making one or more of the following findings:

1. That the development permit was issued on the basis of erroneous or misleading information or misrepresentation provided by the applicant;

2. That the terms or conditions of approval of the permit relating to establishment or operation of the use approved have been violated or that other laws or regulations of the county, state, federal or regional agencies applicable to the development have been violated.


E. Decision And Notice: Within ten (10) working days of the conclusion of the hearing, the county council, county manager, or CDD or designated planning staff member shall render a decision, and shall notify the holder of the permit and any other person who has filed a written request for such notice in the manner provided herein.


F. Effect: A decision to revoke a development permit shall become final ten (10) days after the date notice of the decision was given. After such effective date, all activities pursuant to such permit thereafter shall be deemed in violation of this title.


G. Right Cumulative: The county's right to revoke a development permit, as provided in this section, shall be cumulative to any other remedy allowed by law. Where an applicant is in violation of his permit, the county may deem it a violation of this title and proceed under section 10-9-18 of this chapter. (Ord. 708, 12-10-2008)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30045#s929295
10-9-15: FEE FOR PROCESSING:linklink

The county council may establish, by resolution, an administrative fee for the processing and review of applications for development approval, appeals and variances designed to recover an amount not to exceed the actual or anticipated costs of review. Service providers may adopt their own review fees. All review fees shall be paid prior to the approval of the development permit. (Ord. 708, 12-10-2008)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30045#s929296
10-9-16: INSPECTIONS:linklink

In order to review and certify information relevant to an application for development approval subject to this title, the CDD or designated planning staff member, commission, county manager, or county council may, at any reasonable time and for any proper purpose, and upon the written permission of the owner, enter upon any public or private premises and make an inspection thereof. (Ord. 708, 12-10-2008)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30045#s929297
10-9-17: DETERMINATIONS OF VESTED RIGHTS AND OTHER DISPUTES:linklink

The county council has developed a procedure for recognizing vested development rights under state law, as amendments are made to this title from time to time, to provide certainty and predictability in the development approval process for affected landowners, to protect the continuing planning process as the general plan is updated and implemented, and to effectuate the public policy favoring the settlement of disputes. Said procedure may include the processing of consent agreements for the settlement of disputes pertaining to vested rights or other legal claims arising from this title.


A. General Provisions:

1. Applications, When Required: When any person claims that said person has been deprived of vested rights, or has been subject to a taking of property without just compensation, or asserts other constitutional invalidity by the passage or application of provisions of this title or changes thereto, said person shall obtain a final and authoritative determination regarding the application of such regulations, by filing the application required by subsection B of this section.

2. Record Maintenance And Monitoring: The CDD shall be responsible for monitoring and maintaining records of the following for purposes of administering the provisions of this section:

a. Applications for vested rights determinations;

b. Vested rights determinations;

c. Consent agreements.

d. Monitoring shall include:

(1) The name and location of the project;

(2) The date of application filing;

(3) The type of application submitted;

(4) The disposition of the application; and

(5) The reason for the disposition.

3. Fees And Processing: No application shall be processed pursuant to this section unless the applicant has first or contemporaneously paid all applicable processing fees as set forth by the county council.


B. Procedure And Approval: Application for a vested rights determination shall be submitted to the CDD and processed in accordance with the provisions set forth herein:

1. Upon receipt of an application for a vested rights determination, the county council shall consider the merits of an application. If the county council finds that the application warrants further consideration, the county council shall refer the application along with any instructions related to the merits of the application to the commission.

2. No application for a vested rights determination shall be issued by the CDD unless a recommendation has been made by the commission. No application for a vested rights determination shall be approved or denied unless, upon receipt of the commission's recommendation, a public hearing has been conducted by the county council. The county council may, at its discretion, combine a public hearing pertaining to a vested rights determination with a hearing pertaining to a consent agreement.

3. A vested rights determination and any associated application, development approval or permit may be reconsidered and revoked by the county council notwithstanding any other provision of this title if it is determined that the application, decision or permit was based on materially inaccurate or incomplete information.

4. After the applicant has received approval or denial of a determination of vested rights, an appeal from the decision of the county council shall be made by any aggrieved person to the district court of the county within thirty (30) days of such decision, in accordance with Utah Code Annotated, section 17-27-1001.

5. The request for a vested rights determination shall be filed within one year of the effective date of any amendment to this title or the alleged vested right shall be deemed abandoned.

6. Any applicant claiming entitlement to development approval on the basis of a repealed or superseded law shall be considered and processed as an application for a vested rights determination.

7. Any applicant for a vested rights determination may choose to settle the vested rights dispute through a consent agreement, so long as the county council consents to such and approval is in accordance with subsection B7a of this section. The consent agreement operates as a negotiated resolution to the dispute which acts as an agreed upon compromise of each party's vested right position.

a. A consent agreement may be approved only if an application for a vested rights determination has been filed, and shall be processed in the same fashion as an application for a vested rights determination. No application for a consent agreement shall be approved unless a public hearing has been conducted by the county council.

b. In addition to the required processing as set forth above, an application for a consent agreement shall include, but shall not be limited to, the following: a timing and phasing plan for the proposed development; a plan for the provision of public facilities and services to the proposed development, by phase; the conditions under which the proposed development will be authorized to proceed; and the conditions under which approvals or permits will lapse or may be revoked.

c. Consent agreements shall include all of the following terms and conditions:

(1) A legal description of the subject property and the names of the legal and equitable owners;

(2) The duration of the consent agreement and the conditions that will result in revocation;

(3) The uses permitted on the property, including population densities and/or building intensities, floor area ratios, open space ratios, design guidelines and bulk limitations;

(4) A description of the public facilities that will service the proposed development, including who shall provide such facilities; the date any new facilities, if needed, will be constructed; a schedule to assure public facilities are available concurrent with the impacts of the development; and a determination of fees to be paid for such public facilities;

(5) A description of any preservation or dedication of land for public purposes;

(6) A description of all development approvals, permits or other local or state approvals needed for the proposed development;

(7) A description of any conditions, terms, restrictions or other requirements determined to be necessary for the preservation and protection of the public health, safety or welfare;

(8) A statement including that the omission of a limitation or restriction shall not relieve the applicant of the necessity of complying with all applicable county, state and federal laws;

(9) A phasing plan indicating the anticipated commencement and completion date of all phases of the proposed development;

(10) A statement that the county shall review progress pursuant to the consent agreement at least once every twelve (12) months to determine if there has been demonstrated compliance with the terms of the consent agreement. If the county finds, on the basis of substantial competent evidence, that there has been a failure to comply with terms of the consent agreement, the consent agreement and all underlying development permits may be revoked or modified by the county, after a public hearing which has been noticed by publication, and for which notice has been expressly provided to the applicant; and

(11) Such other terms and conditions as are required for development agreements. (Ord. 708, 12-10-2008)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30045#s929298
10-9-18: PUBLIC HEARING REQUIREMENTS:linklink

All public hearings for the county council, county manager, and commission, as required herein, shall comply with Utah Code Annotated, title 52, chapter 4. For all amendments to the general plan, this title, zoning and subdivision regulations, and all development approvals required in chapter 3 of this title, where noted, "reasonable notice", which shall mean a minimum of ten (10) days' posted and published notice, shall be provided for all public hearings. For all subdivision plat or site plan approvals, where public hearings are required, "reasonable notice" shall be provided as defined in this title, and mailed notice to property owners within one thousand feet (1,000') of the subject property shall also be provided. An applicant shall pay the cost for the county to provide this service. (Ord. 708, 12-10-2008)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30045#s929299
10-9-19: ENFORCEMENT:linklink


A. Generally: This title may be enforced by the county by any appropriate means authorized by state law and county ordinances, including, but not limited to, injunctive relief, fines, withholding of building permits and revocation of approvals/permits.


B. Duties Of CDD: It shall be the duty of the CDD or designated planning staff member to enforce these requirements and to bring to the attention of the attorney or his designated agent any violations of this title.


C. Final Subdivision Plat Required: No owner, or agent of the owner, of any parcel of the land shall transfer or sell any part of the parcel before a final plat of the subdivision has been approved by the county manager in accordance with the provisions of these regulations and filed with the county recorder. The subdivision of any lot or any parcel of land by the use of metes and bounds description for the purpose of sale, transfer, lease or development is prohibited.


D. Permit And Certificate Issuance: No building permit shall be issued for the construction of any building or structure located on a lot or plat subdivided or sold in violation of the provisions of this title, nor shall the county have any obligation to issue a certificate of occupancy or to extend utility services to any parcel created in violation of this title.


E. Civil Enforcement: Appropriate actions and proceedings may be taken in law or in equity to prevent any violation of this title, to prevent unlawful construction, to recover damages, to restrain, correct or abate a violation and to prevent illegal occupancy of buildings, structures or premises. These remedies shall be in addition to the penalties described above.


F. Stay Order: Notwithstanding any provision of this title to the contrary, in order to maintain the status quo pending the appeal of any decision hereunder or otherwise, the CDD or designated planning staff member may issue a stay order mandating that all development activities cease in accordance with the terms of the order. Said stay order may be appealed to the county council within five (5) days of the receipt thereof by an aggrieved person. (Ord. 708, 12-10-2008)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30045#s929300
10-9-20: VIOLATIONS AND PENALTIES:linklink


A. Whenever under the provision of this title an act is prohibited or whenever under these regulations the doing of any act is required or the failure to do any act is declared to be unlawful, and no specific penalty is provided therefor, each violation of any such provision of this title shall be a class C misdemeanor, subject to penalty as provided in section 1-4-1 of this code. Each day a violation of these regulations continues shall constitute a separate offense, unless otherwise prohibited.


B. The county attorney reserves the right to enforce this title using any of the remedies provided for in Utah Code Annotated, section 17-27-1002.


C. Businesses in violation of this title shall be subject to license revocation proceedings in accordance with the provisions of title 3, chapter 1 of this code. Such business shall also be subject to conditional use permit revocation proceedings in accordance with the provisions of the applicable development code. Where revocations occur, those businesses which are nonconforming under the current development code shall thereafter cease to be nonconforming uses within the county.


D. Sexually oriented business employees in violation of this title shall be subject to license revocation proceedings wherein a hearing by the county manager, or by an official whom the manager may designate, shall be afforded to the individual. The individual shall be given written notice of the violation and an opportunity to be heard before the county manager or designated hearing official.


E. It shall be unlawful to submit false or materially misleading information on or with a conditional use permit application for an adult/sex oriented facility or business or to fail to disclose or omit information for the purpose of obtaining said permit.


F. Prior to any permit or license revocation hearing, as provided for by the applicable development code, county business license ordinance1, or this title, a stay of enforcement action shall be granted, pending the outcome of the hearing and subsequent appeals, upon written application to the county by the permit or license holder. (Ord. 708, 12-10-2008)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30045#s929301
10-9-21: REMEDIES:linklink


A. No person may challenge in district court a land use decision under this title until they have exhausted all of their administrative remedies provided herein. Any person adversely affected by any final administrative decision made pursuant to this title must file a petition for review of that final decision with the district court within thirty (30) days and comply with all other requirements of Utah Code Annotated, section 17-27-1001. Failure to comply with this section of the state law divests the district court of the subject matter jurisdiction to review decisions of the county.


B. All appeals from denials by the county clerk of sexually oriented business employee licenses shall be to the county manager.


C. This title is not intended to, nor shall it be construed to, create any rights, claims or causes of action in third parties. (Ord. 708, 12-10-2008)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30045#s929302
10-9-22: APPEAL PROCEDURES:linklink


A. Appeals of administrative, commission, board of adjustment, and county council actions shall occur as follows in the appeals chart:

Decision Maker   Action   Form Of
Appeal To  
Appeal Period   Appellate Body   Comments  
CDD     Form to the CDD   10 calendar days   County council   If the appeal is for a decision regarding a building permit, the permit shall be stayed until action is taken  
Commission     Form to the CDD   10 calendar days   County council   If the appeal is for a decision regarding a CUP, the CUP shall be stayed until action is taken. The county council has to schedule the appeal within 30 days from the date of the appeal  
County manager     Form to the CDD   10 calendar days   County council    
County manager   Amendments to a road within a subdivision, including road vacations   Court filing   30 days   District court   In accordance with Utah code, as amended  
County manager   Enforcement actions   Court filing   30 days   District court   In accordance with Utah code, as amended  
County council     Court filing   30 days   District court   In accordance with Utah code, as amended  
Board of adjustment     Court filing   30 days   District court   In accordance with Utah code, as amended  

(Ord. 730, 12-2-2009)


B. An appeal of a county council action goes to district court. (Ord. 708, 12-10-2008)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30045#s929303