Chapter 1This Chapter describes the General Rules and Regulations necessary to effectively administer the Land Management and Development Code of the Town of Deweyville. Procedures for permitted use and conditional use applicants are defined. Code and Zoning amendments, as well as appeal procedures and non-conforming uses are explained in detail. The infrastructure impact review process is also emphasized throughout the permitting procedure. Other important procedures and provisions are defined in this chapter as well.
GENERAL PROVISIONS and PROCEDURES
1.1 Short Title
This ordinance shall be known as the Deweyville Town Land Management and Development Code, and is referred to herein as this Code, or just the Land Management Code or the Development Code or the Code.
1.2 Statement of Purpose
After considerable public input was developed, designed and enacted to implement the goals and objectives of Deweyville Town’s 2006 General Plan, a document designed to protect its special rural quality of life. More generally, the following goals and objectives define the major purposes of this Code:
(a) To promote the health, safety, convenience and general welfare of the present and future inhabitants of the community.
(b) To encourage and facilitate the orderly growth and development of the community and to implement the goals and policies of the Town General Plan.
( c ) To provide adequate open space for light, air, agriculture and environment; to prevent overcrowding of the land and to minimize congestion on the streets.
(d) To secure economy in municipal expenditures and to encourage adequate provisions for transportation, water, sewage, schools, public safety, parks and other public facilities and services.
(e) To increase the security of home life and to preserve a more favorable environment for the citizens and visitors of the community.
(f) To ensure safety from fire and other man-made or natural dangers.
(g) To stabilize and protect property values and to place compatible uses together in the community.
(h) To enhance the economic and cultural well being of the inhabitants of the community.
( i ) To promote the development of a more wholesome, serviceable and attractive community resulting from an orderly, planned use of resources.
(j) To establish proper zoning regulations; to ensure the suitability of the land for particular uses, and to conserve the value of buildings and encourage the most appropriate use of land throughout the community.
(k) To preserve the rural, agricultural quality of life enjoyed by the residents of Deweyville Town.
(l) To further the purpose of this Code and to promote the objectives and qualities of the respective zones.It is the intention of the Town in adopting this Code to fully exercise all of the powers granted to the Town by the provisions of the Utah Zoning Enabling Act, Section 10-9a-101 et seq. Utah Code Annotated, 1953, as amended, and all other powers granted by statute or by common law for the regulation of land uses and
improvements. The intention of the Town is to assure the managed, proper and sensitive/critical development of land within Deweyville Town and to protect and enhance the quality of rural life in general. The Code is intended to allow development in a manner that encourages the preservation of scenic values, historic structures, the unique agricultural setting of Deweyville Town, and provide for well-planned commercial and residential centers, smooth traffic circulation, and efficient delivery of municipal services. The Code seeks to prevent development influenced by existing geologic hazards, erosion, flooding, or other conditions that
create potential dangers to life and safety in the community, or development that influences critical wildlife habitats, or developments that detract from the rural quality of life in the community.
1.4 Effect on Previous Ordinances and Maps
The existing zoning ordinances of Deweyville Town, including the official zoning maps adopted with those ordinances, are hereby amended in their entirety to conform to the provisions of this Code, providing that this Code is a continuation of those existing ordinances, and not a new enactment, in so far as the substance of
the old and new provisions are the same. This Code shall not be construed as affecting the term of office of any board or commission member appointed under the prior enactment. Structures built prior to the adoption of this ordinance, or for which building permits were issued and on which work commences as required under the permit shall, to the extent they do not conform to this ordinance, be considered as non-conforming uses, and shall not be affected hereby. Uses which were non-conforming under the old enactment’s shall not be affected by this Code, unless the Code is changed in a manner that makes the use conforming to the new code or zone.
1.5 Amendments to the Land Management Code and Zoning Map
It may become desirable from time to time to amend the provisions of this Code or the zoning map. This code
should be constantly reviewed and improved upon to stay viable and useful to the Town. All amendments shall
be made in the following manner:
Amendments to the provisions of the Code may be made by the Planning Commission and Town Council, as originated in either body (although normally originated by the Planning Commission), from time to time following a properly posted public hearing of each body. Hearings shall be advertised for ten (10) days, prior to the day of the hearing, in a newspaper having general circulation in the Town and posted in three (3) or more conspicuous places within the Town. The
first hearing must be held by the Planning Commission and the proposed changes then must be certified to the Town Council for their action. After the Town Council hearing, the amendment(s), as proposed, amended and/or rejected may be adopted on the day of the hearing or at any time following the hearing, provided they are adopted at a Town Council meeting.
1.5.2 Types of Amendments
The types and nature of Amendments that may be made are classified as follows:
(a) allowing a use previously prohibitedA petition to change the zone of any land within Deweyville Town or to amend this Code other than changing the Zone map, shall be filed first with the Planning Commission in a letter or on a form prescribed for that purpose. The form or letter shall contain a legal description of the land affected by the petition, and a statement of the petitioner's interest in the land included within the petition. The petition shall state the current zone of the property and the zone which the petitioners desire to have a new zone designation established, the petition shall so state, and give some indication of the reasoning for the change as well as the uses and standards requested to be allowed in the new zone. A fee will be established for acting on a petition for a zone change as described in the current Town Fee Resolution in effect at the time. (To change or amend the zone within a legally recorded subdivision, the petition must also include signatures of approval by the owners of at least 51% of the platted lots in the subdivision.) The petition must also include all of the names of property owners within a 2500 foot radius of the property boundary under petition with the signatures of
(b) prohibiting a use previously allowed
( c ) increasing or decreasing the density of the uses previously allowed
(d) changing a permitted use to a conditional use
(e) changing a conditional use to a permitted use
(f) changing the zone of any property
(g) Procedural or regulatory changes, both minor or major
(h) zone map amendments or modifications
( i ) repealing of any regulation or procedure
(j) adding of any regulation or procedure
(k) any other miscellaneous changes that may become necessary
1.5.3 Petition for Zone Change or Code Amendment
those approving of the change clearly shown. Those owners whose signatures are not shown on the petition shall be sent letters with the petition for their review and comments, and their names shall be provided to the Town by the petitioner so that the notices of hearings and petition can be sent to them by the Town.
1.5.4 Hearings before the Planning Commission
The Planning Commission shall hold a public hearing on all petitions for zone changes and receive comments from citizens or property owners affected by the change. The Commission shall also hold a public hearing on other amendments to the Land Management and Development Code. Notice of all zone change hearings before the Planning Commission shall be given as set forth in Section 1.6 of this Code. The notice shall state generally the nature of the proposed amendment as outlined in 1.5.2 and the land affected, and the time, place, and date of the public hearing. The notice shall also state that more detailed information shall be available for public inspection at the Town Clerks Office, or other specified location at the time the notice is published
1.5.5 Action by Planning Commission
Following the hearing, the Planning Commission shall adopt formal recommendations to be presented to the Town Council regarding the matter before it, approving, disapproving, or modifying the proposal. The Planning Commission shall act on the proposal at the time of the hearing or at its next regularly scheduled meeting following the hearing, unless the proponent or petitioner has requested the matter be tabled for further consideration, or the petition is withdrawn. If the Commission fails to act within two (2) regularly scheduled meetings on the proposal, the proposal shall be deemed disapproved by the Planning Commission and the proposal shall be forwarded to the Town Council for their consideration with that recommendation.
1.5.6 Hearing before Town Council
The Town Council shall hold a public hearing on all petitions for zone changes and all amendments to the Land Management and Development Code. Following the hearing, the Council shall approve, disapprove, or modify and approve the recommendation of the Planning Commission. The hearing may be continued, if necessary, without republication of notice. The recommendations of the Planning Commission are advisory only, and the Council may overrule the recommendations of the Commission. Council action on amendments to the Code or to the zoning map require the affirmative vote of three or more Town Council members. The Council may act on the petition at the time of the hearing or at subsequently scheduled meetings.
1.5.7 Joint Hearings
At the option of the Town Council and in rare instances, the hearings before the Planning Commission and the Town Council may be consolidated into a single hearing, provided however, that separate votes shall be taken by the Commission and the Council. Joint hearings cannot be held for amendments to this Code that are beyond the scope of a regular zone map change. The Commission vote shall be taken first. Notice for any joint hearing shall comply with the notice standards set forth in Section 1.6 of this Code.
Notice of hearings before the Town Council, Planning Commission and Appeal Authority concerning amendments to the General Plan, zoning and zone changes, amendments to the Land Management and Development Code, preliminary and final subdivision and condominium plat approvals, conditional use permits, master planned development approvals, temporary use permits, certificates of appropriateness for design or demolition, appeals, variances and other requests of actions of the Appeal Authority shall be
provided in accordance with this section. Notice of amendments to the General Plan, this Code and zoning actions shall be given at least ten (10) days before the date set for the hearing. Notice of amendment or vacation of subdivision plats, when required, shall be given in accordance with State law. All other notice required herein shall be given at least ten (10) days before the date set for hearing, if a hearing is required under this code. See Table 1.1 in this section for a general summary matrix of the notice requirements. All notice required under this section shall be given as follows:
1.6.1 Posted Notice
The Town Staff shall post or cause to be posted notice in at least three other public places within the Town, stating that an application concerning the development of that property has been filed, and stating that more detailed information concerning the application is available from the Town.
1.6.2 Published Notice
Published notice shall be given by publication in a newspaper having general circulation in
Deweyville Town. Published notice shall state that an application has been filed affecting the subject property, or that an appeal has been requested, the nature of the application or action, and the time, place and date set for public hearing on the matter. The published date of the notice, not the date of submittal to the newspaper must meet any notification timing requirements designated in this Code for the meeting.
1.6.3 Courtesy Notice
As a courtesy to property owners, the applicant shall provide the Town with stamped and preaddressed envelopes for each owner of record of each parcel located entirely or partly within 1000 feet from any boundary (2500 feet for zoning or re-zoning) of the property subject to the application, together with a mailing list for those owners. The addresses for adjacent owners shall be as shown on the most recently available Box Elder county tax assessment rolls except that the name and address of the registered agent for a condominium project is sufficient in lieu of the address for each unit owner. The courtesy notice shall state that an application has been filed affecting the subject property, or that an appeal or call-up has been made, the nature of the application or action, and the time, place and date set for public hearing on the matter. Courtesy notice is not a legal requirement,
and any defect in courtesy notice shall not affect or invalidate any hearing or action by the Town Council or any board or commission.
1.6.4 Proof of Notice
Proof that notice was given pursuant to either subsection 1.6.1 or 1.6.2, above is prima facie evidence that notice was properly given. If notice given under Authority of this section is not challenged as provided for under State law within 30 days from the date of the hearing for which the challenged notice was given, the notice is considered adequate and proper.
APPLICATION NOTICE MATRIXACTION
Zoning or Re-Zoning
At least 3 places, 10 days prior to each hearing before the Planning Commission and Town Council
To all owners of the Property and all owners within 2500 feet,
14 days prior to each hearing Once, 10 days prior to each hearing before the Planning
Commission and Town Council
Amendment to the Land Management and Development Code
At least 3 places, 10
days prior to each
hearing before the
and Town Council
Once, 10 days prior to each hearing before the Planning Commission and Town Council
Amendment to the General Plan
At least 3 places, 10
days prior to each
hearing before the
and Town Council
Once, 10 days prior to
each hearing before
Preliminary and Final Subdivision, Condo. Plat, Conditional Use Permits, Master Planned
At least 3 places, 10 days prior to each hearing before the Planning Commission and Town Council
To all owners of the Property and all owners within 1000 feet, 10 days prior to each hearing
Once, 10 days prior to each hearing before the Planning Commission and Town Council
Appeals to Appeal Authority- Variance Requests, etc.
At least 3 places, 10 days prior to each hearing before the Appeal Authority
To all owners of the Property and all owners within 1000 feet, 10 days prior to each hearing
Once, 10 days prior to each hearing before the Appeal Authority
(Table 1.1 Application Notice Matrix)1.7 Creation of Districts and Zone Map
In order to carry out the purposes of the Code, zone districts have been established as set forth in Chapter 7 of this Code. These zone districts are identified on the official zoning map, which is adopted as a part of the this Code. In interpreting the zoning map, the following standards shall apply:
(a) The zoning boundary lines are intended to conform to existing property boundary lines when not in a public right-of-way, or to follow the center line of public rights-of-way (including prescriptive rights-of-way), unless the lines are located by specific dimensions, in which case the dimensions shall control. Where the zoning district lines approximately follow the lot lines as they exist at the date of adoption of this Code, the district lines shall be conformed to the lot lines.
(b) Where the zoning district lines appear to have intentionally divided a lot or parcel between two or more districts, the applicable zoning for each portion of the lot or parcel shall be determined by using the scale shown on the map. If the placement of the district line cannot be determined, the standards of the zone allowing the less intensive land use shall be applied to the entire parcel.
( c ) Where the district lines are intended to follow natural land contours, such as the ridge tops, hillsides or waterways, the line shall be determined at the point at which the general slope of the land changes to 15% grade or in the case of waterways, the average centerline of the waterway. In the event of a dispute as to the location of the change in grade, the point shall be fixed with reference to topographic data submitted to the Town. Where land of less than 15% slope is surrounded by land of 15% or greater slope, the Planning Commission shall entertain an application to rezone the land
of less than 15% slope to a suitable residential use if the Town staff determines that the land is adequately accessible and not within a sensitive lands overlay zone or designation, and one access of which is a road of standard width that does not exceed 8% grade, and that the grading of the road or roads to reach the land in question will not create hydrologic, erosion, geologic, or similar hazards for land lying below the proposed road, and that all cuts and fills for the road can be safely stabilized.
Any person, firm, partnership, or corporation, or the principals or agents thereof violating or causing the violation of this Code shall be guilty of a Class "C" misdemeanor and punished upon conviction by a fine and/or imprisonment. In addition, the Town shall be entitled to bring an action to enjoin the continuation of the violation. Private Citizens of Deweyville Town or property owners shall also have a right to file actions
to enjoin the continuation of a violation affecting their interests, provided that the plaintiff in such action shall give notice of the action to the Town Recorder prior to filing the action.
All departments, officials and public employees of the Town who are vested with the duty or authority to issue permits or licenses, including business licenses shall conform to the provisions of this Code, and shall issue licenses and permits only in conformance with the provisions of this Code. Licenses issued in violation of this Code shall take no effect, and are null and void.
1.10 Zoning Map Adopted
The zoning map for Deweyville Town as presented to the Town Council and executed by the Mayor is the official zoning map for Deweyville Town. Upon amendment to the zoning map, the Mayor shall execute a new map, or re-execute the existing map with the amendments noted thereon in a timely manner.
1.11 Permit Procedure Under the Code
No building permit shall be issued for any building project unless the plans for the proposed structure have been submitted to and approved by the Planning Commission. Proposals submitted to the Planning Commission shall be reviewed according to either the Permitted Use Review process or the Conditional Use Review process, which includes Master Planned Developments. Subdivisions, including Master Planned Developments and conditional use applications, are initially reviewed by Town staff and submitted to the Planning Commission for review and approval. Final approval of subdivisions and conditional use permits
must be granted by the Town Council. No planning review shall occur until all applicable planning application fees have been paid, and no final Town Council approval shall be effective until all other fees assessed by this Code or other ordinance, including applicable staff review and engineering fees have been paid. Upon issuance of final approval under either review process, the plans are forwarded to the Building Department or Building Official for building permit issuance under the provisions of the International Building Code, as adopted and/or amended by Deweyville Town.
1.12 Permitted Use Review Process
On any proposal to construct a building or other improvement to property which is defined by this Code as a permitted use in the zone in which the building is proposed, the Planning Commission shall review the submission to determine whether the proposal:
(a) is a permitted use within the zone for which it is proposed,Upon finding that the proposal complies with the applicable zoning requirements, and can be
(b) complies with the requirements of that zone for building height,
setback, side and rear yards, and lot coverage;
( c ) that the applicable parking requirements have been satisfied;
(d) the plan conforms to any architectural design guidelines established for
that zone or area, and;
(e) will require an environmental impact statement if it lies in a sensitive
(f) has met the requirements of the infrastructure review process as defined
(g) will require a certificate from the technical review committee as
outlined in Section 3.27
adequately serviced by existing utility systems or lines, the plans shall be reviewed for Building Code compliance and permit issuance. If the submission does not comply with the requirements of the zone, the Planning Commission shall so notify the owner of the project or his agent, if any, stating specifically what requirements of the zone have not been satisfied, and also stating whether the project should be reviewed as submitted or as a conditional use for that zone.
1.12.1 Application for Permitted Uses
The application for a building permit for a permitted use shall contain the following information, in addition
to information required by the International Building Code:
(a) When a structure is to be built; the footing and foundation details, site plan, and elevations of all sides of the structure shall be submitted with the application, and all fees paid, prior to excavation.1.13 Review and Regulations for Impact on Public Infrastructures
(b) A Site Plan Showing the Lot and the Location of the Proposed Structure on the Lot. The site plan must be drawn to scale. A certified survey may be required on projects with structures on or near the lot lines, or when the lot lines are difficult to determine from existing plats and monuments. Topographic data may be required when the site is sloping or when the building height cannot be readily determined from the elevations without topographic data.
( c ) A statement of the name and address of the owner or responsible agent, and a telephone number.
(d) The location of the proposed structure by street address or by reference to existing structures so that the location can be identified and assigned a street address.
(e) A legal description of the property and proof of ownership.
(f) The location and size of adjacent utility lines.
(g) Approval of permitted uses shall be noted by the issuance of a building permit in
compliance with the provisions of the International Building Code, Chapter 6, and this Code.
1.13.1 Infrastructure Review
Although the Town endeavors to provide infrastructure which will adequately serve buildings and structures allowable within each zone in Deweyville Town, certain buildings, developments, and structures, because of size, type of construction, or lot characteristics, present peculiar or excessive demands on Town infrastructure. For these reasons, the developer is responsible to perform an impact analysis in a form and methodology acceptable to the Town to determine the possible impacts on infrastructure. In order for the Town to determine whether existing infrastructure is adequate, or what additional
infrastructure is needed to meet the particular needs of certain types and sizes of buildings and structures which are permitted uses in the zone; the following types and sizes of proposed buildings and structures as well as developments are subject to the review process for impact on existing
infrastructure, wether the uses are permitted or conditional:
(a) All commercial or multifamily buildings or structures of Class III, IV or V construction, as defined by the International Building Code, greater than 10,000 square feet, or;
(b) Any building or structure over 10,000 square feet within fire separations as defined in Section 505 of the International Building Code, or;
( c ) All commercial or multifamily buildings and structures located on parcels of one-half acre or larger, or;
(d) All buildings or structures which are required to have fire sprinkling systems under
Deweyville Town ordinance or resolution, or;
(e) All buildings or structures located on lots which have an average slope of more than 15 percent, or;
(f) Any industrial or manufacturing facility that deals with products or processing materials that are or could become explosive, flammable or toxic according to the International Fire Code, or,
(g) Any Subdivision or Master Planned Development project with 4 or more dwelling units, but not including minor subdivisions or minor MPD’s.
(h) Any development that requires the extension of any public infrastructures or utilities of over 1000 feet.
1.13.2 Scope of Review
For proposed buildings, structures or uses which are permitted or conditional uses in the zone in which the building or structure is proposed, the review shall include the determination of the ability
of existing Town infrastructure to provide adequate water for culinary, irrigation and fire flow
purposes, the proper handling of snow melt, snow storage, storm drainage, slope preservation,
mitigation of impact on roads by construction and permanent traffic, and ensuring safe access for
users and emergency vehicles in accordance with Town codes, standards, and ordinances as set forth
in this ordinance which shall be in addition to all other adopted codes and ordinances, including the
Codes of other Jurisdictional Governing Authorities. For conditional uses or master planned
developments in the zone in which the building, structure or use is proposed, the infrastructure
review which is a part of the regular conditional use or master plan development review process is
specified below and may involve additional regulations. The technical review committee may be used
if constituted as per this code, to assist in the infrastructure impact review process.
1.13.3 Review Procedure
As well as conditional uses, buildings and structures which, although are permitted uses in the zone proposed and not subject to zoning or use review, are subject to review for impact on existing infrastructure according to the standards described in this section. The following review procedure shall be followed:
(a) Application for Building Permit. Upon making an application for a building126.96.36.199 To Determine the Impact on Drainage:
permit, the applicant shall supply the Building Official with plans and specifications
sufficiently detailed to determine whether the proposed building(s) or structure(s) are
subject to further infrastructure review. If, according to the standards found in this section, any proposed building or structure triggers infrastructure impact review, then a building permit shall not be issued and the Building Official shall refer the applicant to the Planning Commission or other Town Staff for review of the impact of the proposed buildings and structures on existing Town and/or other infrastructure to determine what, if any, additional infrastructure is necessary.
(b) The Application. Upon referral of the application for a building permit to the
Town for infrastructure impact review, the Town may request from the applicant any
additional studies, plans, surveys, specifications and information necessary to review the infrastructure impacts. The following types of information may be requested by the
Planning Commission to the extent relevant:
(a) A map of the site showing the existing conditions prior to the demolition188.8.131.52 To Determine the Impact on Culinary Water, Fire Flows and Sewage:
of any existing structures and any grading, any known geologic or natural hazards,
with north arrow and scale;
(b) topography with contours shown at intervals of not more than five feet of
the site and as the site adjoins contiguous properties;
( c ) vegetation type and location;
(d) soil type and load carrying capacity information;
(e) 100 year flood plain and high ground water areas, known spring and seep
areas and ditches or canals;
(f) all existing roads, fences, irrigation ditches, and drainage facilities;
(g) location and size of the nearest storm drainage facilities the site could
drain to, water lines and sanitary sewer lines; and where and how the developer
proposes to connect to the existing drains.
(h) site plan of the proposed buildings and structures showing building
( i ) proposed road locations and other circulation features;
(j) proposed finished grades;
(k) proposed drainage, drainage works, detention ponds, retaining walls, and
erosion control plans;
(a) location and size of the nearest water main and sanitary sewer lines to the184.108.40.206 To Determine the Impact on Slope Retention:
project to which the project can drain or be supplied; and where and how the
applicant proposes to connect to the systems;
(b) site plan and floor elevations (including building height) of all proposed
buildings and structures showing building locations, construction type and
( c ) proposed easements for new utility services or relocated utility services;
(d) fire hydrant locations and building sprinkling plans.
(e) estimated peak culinary water demands, including irrigation and water
demand for fire flows.
(f) Proof of “wet” water in adequate quantity and quality, acceptable to the
Town standards. if the developer is supplying his/her own water or is transferring
water rights to the Towns culinary system.
(g) other specific information and scientific data and opinions which, in the
opinion of the Planning Commission, is useful or necessary for the meaningful
review of the project. Such additional information may be required from the
applicant based on the nature of the project or the site.
(a) Topography existing before construction and proposed finished grades,220.127.116.11 To Determine the Impact on Streets and Pedestrian Facilities:
both on the site and as they relate to adjoining property;
(b) proposed drainage, drainage works, retaining walls, and erosion control
( c ) proposed landscaping;
(d) complete, detailed construction drawings and support documentation of
any and all structures sufficient to demonstrate compliance with applicable
standards, codes and ordinances; or general architectural concept drawings of
proposed buildings, showing roof plan and cuts and fills;
(e) other specific information and scientific data and opinions which, in the
opinion of the Planning Commission, is useful or necessary for the meaningful
review of the project. Such additional information may be required from the
applicant based on the nature of the project or the site.
(a) prepare a site plan which coordinates pedestrian connections, sidewalks,1.13.4 Department Action
and bike paths if any such pedestrian facilities are shown on the Trails Master
Plan or the Streets Master Plan, if they are currently adopted.
(b) submit construction staging location plan.
( c ) submit estimated truck traffic trip numbers for construction traffic.
(d) if requested by the Town Engineer, the project applicant shall submit
reproducible measurable pavement quality testing analyses for each street or
roadway which will be utilized by any traffic generated by or relating to the
proposed project, including but not limited to construction traffic. Such analyses
will be submitted both before permit issuance and before building occupancy and
shall use a nationally recognized pavement quality testing machine as approved
by the Town Engineer. Such analyses will be used to determine construction
impacts on existing streets at the end of construction such that repairs can be made
at the expense of the project proponents to return the pavement to its original
Within 30 working days from the receipt of the complete application including all requested
information for infrastructure impact review, the Planning Commission and/or other appropriate Town officials shall have reviewed the project and determined whether existing infrastructure is sufficient to adequately serve any proposed buildings or structures. If the data is sent to an engineer or other consultant for determination of impacts, the applicant shall pay the costs associated with the professional review. If the existing infrastructure is adequate to serve any proposed buildings or structures, then a building permit shall be issued in accordance with the International Building Code and Town Ordinances. If upon review existing infrastructure is found to be inadequate to serve any proposed buildings or structures, the building permit shall be withheld. At the option of the Town, the applicant may either
(a) Change the type, scale or location of any and all proposed buildings or structuresUpon submission of plans changing the type, scale or location of any or all proposed buildings or structures in such a manner that existing infrastructure is adequate to serve all proposed buildings or structures; or, upon submitting plans for additional infrastructure and a letter of credit or escrow agreement to the Town for the full cost of the additional infrastructure required as estimated by the Town Engineer, a building permit shall be issued in accordance with Town codes and ordinances.
in such a manner that existing infrastructure may adequately serve all proposed buildings or structures, or
(b) Provide at applicant's expense the additional infrastructure necessary to adequately
serve all of applicants proposed buildings or structures according to designs and
specifications approved by the Town, or
( c ) Pay a proportionate share of a Town project that would mitigate the impact as
detailed by the Town Council and/or its staff.
1.13.5 Appeal and Review
If the applicant does not agree with the determination of the Planning Commission or Town Staff that existing infrastructure is inadequate, or with the requirement for additional infrastructure, the applicant may request Town Council review. The Town Council is empowered to affirm, reverse or modify the determination of the Planning Commission, Town Staff or Town engineer/consultant. All actions regarding infrastructure impacts and their requirements of the Planning Commission or Town Staff are appealable to the Town Council.
If the Town Staff has not acted on an application or has not indicated to the applicant what existing infrastructure is inadequate within 30 working days after complete information submission, the application shall be automatically forwarded to the Planning Commission for determination of adequacy of existing infrastructure.
The infrastructure review and approval is transferable with the title to the underlying property so that an approved project may be conveyed or assigned by the applicant to others without losing the approval. The permit cannot be transferred off the site on which the approval was granted.
If a building permit is not obtained within twelve months from the date of approval, then the
infrastructure review and approval process must be repeated prior to issuance of a building permit. If a building permit expires before actual construction of buildings or structures, the infrastructure review and approval process must be repeated prior to issuance of another building permit. If a permit is not taken in six months, the review shall determine whether off-site conditions or demands have changed the ability of the system to meet the demands of the project changed the ability of the system to meet the demands of the project under review. The permit requirements may be modified to adjust to the new capacity or demand.
1.13.8 Standards for Review
No building permits shall be issued on buildings and structures subjected to infrastructure review unless it is found by the Town that there is sufficient infrastructure capacity, according to the standards adopted by the Town, either existing or to be provided by the applicant to adequately serve the proposed buildings and structures. Specific review items include: delivery of adequate water for culinary and fire flow purposes, safe vehicular and pedestrian access for owners, users and emergency vehicles, and proper handling of snow melt and storm drainage and slope preservation.
The standards to be applied for review are:
(a) Standards for Water Delivery. The standards for adequate delivery of water1.14 Conditional Use Review Process
shall be as applicable: the Deweyville Town Fire Flow Standards, if adopted; the Central Box Elder Fire Special Service District Fire Flow Standards; the ISO or NFPA standards for fire flow, the Deweyville Town Design Standards, Construction Specifications and Standard Drawings, if adopted; and, the County and/or State Department of Health, Drinking Water Regulations as now constituted and as may be amended.
(b) Standards for Site Drainage. The standards for adequate site drainage are the
International Building Code Chapter 70, as adopted by Ordinance, or its successor, and the Deweyville Town Design Standards, Construction Specifications and Standard Drawings as now constituted or as may be adopted or amended.
( c ) Standards for Access. The standards for access to the building or structure are
the 1985 International Fire Code adopted by Ordinance, or its successor, the Streets Master Plan or Land Use Map, the Deweyville Trails Master Plan, if adopted, and the Deweyville Town Design Standards, Construction Specifications and Standard Drawings as now constituted or as may be adopted or amended.
(d) Standards for Slope Retention. The standards for slope retention are the
International Building Code Chapter 70, as adopted by Ordinance, or its successor and the Deweyville Town Design Standards, Construction Specifications and Standard Drawings as now constituted or as may be amended.
Although each zone district is an attempt to segregate predominant land uses within identified residential, commercial, agricultural, and similar districts, there will be proposals that are generally compatible in land use with other permitted uses in the zone, and if properly and carefully planned, these uses, which are different from the predominant use, or more intensive than permitted uses in the same zone, may become compatible and appropriate for the zone in question. For example, the location and nature of the proposed use, the character of surrounding development, traffic capacities of adjacent and feeder streets, environmental factors such as drainage, erosion, and soil stability, all may dictate circumstances where a more intensive use may or may not be appropriate for the zone. The conditional use procedure is intended to provide greater flexibility in land uses while at the same time, preserving neighborhood character and assuring compatibility between the conditional uses, the uses on adjoining properties, and the Town at large. Development of
conditional uses will be subject to review by the Planning Commission and Town Council, and may be allowed subject to conditions imposed for the purpose of preserving the character of the zone district, and mitigating potential adverse effects of the conditional use. Where conditions to the use cannot be devised to satisfactorily mitigate adverse effects of the conditional use, the application for a conditional use permit shall be denied. Any land use that is defined in this Code as a conditional use for the zone in which it is proposed shall be reviewed according to the following procedure:
1.14.1 Pre-Application Conference
A pre-application conference may be held with the Planning Commission to determine the nature of the use and the general nature of conditions that might be imposed. At the
pre-application conference, the Planning Commission and the applicant shall review the application form, the materials and information needed to complete the form, and the procedures used in reviewing the conditional use.
1.14.2 The Application
A conditional use application shall be filed on a form prepared by the Town, and shall be supported and accompanied by the following information (five sets are required):
(a) A map of the site showing the existing conditions prior to the demolition of anyA written statement shall be submitted with the following documentation containing and/or
existing structures and any grading, showing north arrow and scale;
(b) A map identifying the subject site in relation to adjoining public streets and the
neighborhood in which it is located with north arrow and scale;
( c ) The boundaries of the site, and any easements of record or known prescriptive
(d) Topography with contours shown at intervals of not more than five feet;
(e) Vegetation type and location; soil type and load carrying capacity information;
(f) 100 year flood plain and high ground water areas, known spring and seep areas
and ditches or canals as well as known wetlands;
(g) All existing roads, fences, irrigation ditches, and drainage facilities;
(h) Location of public utility facilities and easements;
( i ) Site plan of the proposed conditional use showing building locations;
(j) Proposed road locations and other circulation features;
(k) Proposed finish grade;
(l) Proposed drainage, drainage works, retaining walls, and erosion control plans;
(m) Proposed location of all site improvements such as arenas, barns, plazas, tennis
courts, pools, and similar improvements;
(n) Proposed easements for new utility services or relocated utility services;
(o) Proposed landscaping;
(p) Designations of proposed ownership of areas shown on site plan as being part of
a condominium unit, common area, dedicated open space;
(q) Proposed intersections with existing public streets;
( r ) General architectural concept drawings of proposed buildings;
(s) Lighting plans, if any;
(t) Signage plans, if any;
(u) Proposed location of a common satellite receiving station or other antennae;
(v) And any other information as may be useful or necessary for the meaningful
review of the project. Additional information may be requested at the pre-application
conference based on the nature of the project or the site .
1.14.3 Written Statement and other Documentation
explaining the following information:
(a) A preliminary title report showing the title to the property, and listing all
encumbrances, covenants, easements, and other matters affecting title, and a legal
description of the site;
(b) Copies of any covenants or easements which are referred to in the title report;
( c ) A development schedule indicating phased development, if any, and the estimated
completion date for the project;
(d) Stamped and addressed envelopes for all property owners within one thousand
(1000) feet of the perimeter of the site or lot line with their current mailing addresses as
shown from the most recently available county assessment rolls, provided that the name and address of the registered agent for a condominium project is sufficient in lieu of each owner;
(e) A general description of the project, prospective tenants or types of tenants of
occupants, whether condominium ownership, time share ownership, or nightly rental uses are proposed, and the proposed property management structure for timeshare or nightly rental;
(f) Any other information that might be helpful to the Town in reviewing the
Upon receipt of the complete conditional use application and payment of all applicable fees, the Planning Commission shall cause notice to be given to the public in accordance with the provisions of Section 1.6 of this Code.
1.14.5 Public Comment
The posted, mailed, and published notice shall advise the public that a conditional use application has been filed on the site, and shall state that interested persons may review the application at the Town office during normal business hours. The notice shall provide a public comment period for not less than 10 days during which written comments may be submitted for staff consideration while reviewing the project. Comments filed after the close of the comment period may be considered or disregarded by the Town. All persons who have submitted written comments shall receive notice of the approval or denial of the application and the conditions imposed.
1.14.6 Town Action
18.104.22.168 Time Frame
Once an application is received, the staff will work diligently to review the application as
quickly as time and workload allows. It is reasonable to expect that an application will
appear before the Planning Commission with a recommendation within 90 days of receipt
of the application, if the developer has been diligent in responding to requests for additional
information required to process the application. The scale or complexity of a project or staff
workload may necessitate a longer processing period. In such cases, the staff will notify the
applicant when an application is filed as to the projected processing time frame.
22.214.171.124 Staff Review
The Planning Commission and other appropriate Town officials, including the Technical
Review Committee and/or Design Review Committee, shall review the project and propose
a conditional use permit encompassing the conditions of development and approval. The
permit shall incorporate the site plans and architectural plans for the project. If the
developer accepts the conditions imposed, the conditional use application shall be placed
on the consent agenda of the Planning Commission for final approval. The staff may
recommend immediate review of the permit to the next scheduled Planning Commission
meeting (if notice requirements under section 1.6 can be met) if the Town staff determines
that the conditions may be better prepared and evaluated by the Planning Commission, or
if the permit requested is a minor or temporary conditional use.
126.96.36.199 Planning Commission Review
The Planning Commission shall determine if all points of this Code have been complied
with for review and compliance of the conditional use processes and may further amend,
add or delete conditions recommended by the Town staff prior to their approval. If
approved, the Planning Commission will recommend the permit with approval to the Town
Council for their review at the next regularly scheduled Town Council meeting that can
meet notice requirements of section 1.6. If the Planning Commission denies the permit, the
applicant may not appeal to the Town Council, but must amend and re-submit the
application or appeal to the Appeal Authority.
188.8.131.52 Town Council Approval
The Town Council may approve, amend or deny the conditional use permit as proposed by
the Planning Commission. After approval by the Town Council, building permits are to be
issued by the Town building official as provided in the International Building Code and this
If the Staff and the developer are not able to agree on conditions of approval, the developer
may still may go before the Planning Commission for review or may withdraw the
application. The review shall appear on the agenda for the next regularly scheduled meeting
that has available time and meets notice requirements of section 1.6. Priority shall be given
to reviews in preparation of the agendas.
If the Town staff have not acted on an application or have not indicated to the developer
what aspects of the plan are not acceptable as proposed within 90 working days after
submission, the developer shall have the right of review by the Planning Commission. The
developer may, at any time in the review process, request review of the conditions of
approval by the Planning Commission.
If the applicant does not agree with the findings or actions of the Planning Commission or
the Town Council, the only avenue for appeal is to be heard by the Appeal Authority, as per
chapter 5 of this code.
1.14.7 Plat Approval
When a conditional use requires the recording of a plat, the final plat shall be taken to Planning Commission for plat approval only. The scope of review for plat approval is limited as set forth below in Section 1.22. Plat approval may be granted at the same time as the conditional use approval.
A conditional use permit may be transferable with the title to the underlying property so that an approved project may be conveyed or assigned by the applicant to others only upon review and approval by the Planning Commission. The permit cannot be transferred off the site on which the approval was granted.
Unless otherwise specified during the review and approval process, Conditional use permits do not expire. When a Conditional use permit is issued for a temporary use such as construction related uses, can expire in one year if substantial construction activity has not commenced on the project. Substantial construction activity is evidenced by the developer obtaining building permits for the project (or for the first phase of a phased project). Permits may be issued in stages, but the issuance of a footing and foundation permit is not evidence of substantial construction activity unless the permits for the remainder of the structure (or remainder of the phase, in phased projects) are paid for within six months of the issuance of the footings and foundation permit. Demolition permits do not evidence substantial construction work for purposes of extending a conditional use permit. Whether construction has commenced or not, the Planning Commission may grant an extension of the conditional use permits for up to one additional year when the applicant is able to demonstrate
a legitimate need to delay the start of construction, such as inclement weather, delays in financing, or similar factors.
Where the Planning Commission has granted a temporary Conditional Use permit, that permit’s expiration will occur on the date specified in the permit. Renewal of the permit after expiration in any type of conditional use will require a complete re-application as if no permit was granted previously and as procedurally outlined in this code.
1.14.10 Standards for Review
No conditional use permit shall be issued unless the Town finds that the application complies with all requirements of this Code; that the use will be compatible with surrounding structures in use, scale, mass and circulation; that the use is consistent with the Deweyville Town General Plan; and that the effects of any differences in use or scale have been mitigated through careful planning. Review for impact on Town Infrastructures will be made as previously outlined in the section 1.13 procedures. All Infrastructure improvements must be concurrently constructed and timed carefully with the development and costs associated with them born by the developer as previously outlined. The Town shall review each of the following items when considering a conditional use permit:
(a) Size and location of the site;
(b) Traffic considerations including capacity of the existing streets in the area;
( c ) Utility capacity;
(d) Emergency vehicle access;
(e) Location and amount of off-street parking;
(f) Internal traffic circulation system;
(g) Fencing, screening, and landscaping to separate the use from adjoining uses;
(h) Building mass, bulk, design and orientation, and the location of buildings on the
site; including orientation to buildings on adjoining lots;
( i ) Usable and permanent open space considerations;
(j) Signage and lighting;
(k) Physical design and compatibility with surrounding structures in mass, scale, style,
design, and architectural detailing;
(l) Noise, vibration, pollution, odors, steam, or other mechanical factors that might
affect people and property off site;
(m) Control of delivery and service vehicles, loading and unloading zones, and
screening of trash pick-up or waste storage areas;
(n) Expected ownership and management of the project as primary residences,
condominiums, time interval ownership, nightly rental, or commercial tenancies;
(o) Design or Architectural Review as may be advised by the Town or the Design
(p) Other Technical Review Matters as may be advised by the Town or the Technical
1.14.11 Technical Review
The Planning Commission or Town Staff may require a certification of review from the technical review committee if one is established. This Committee may be set up to review and make suggestions to the Planning Commission regarding unique concerns or features of a project that may be beyond the expertise of the Town Planning Commission or Staff. Recommendations of that committee may be used as guidelines in the establishment of conditions under this permit as outlined in Section 3.25.
1.15 Master Planned Development Review Process
Applications for developments to be built according to a master plan which provides for mixes of uses, and/or density transfers, clustering and unit concentrations, and/or maximizing of permanent open space within the site, commonly referred to as planned unit development (without regard to the manner in which title to the project will be held) shall be treated as conditional use applications and are divided into two review processes depending on the size and nature of the project. These review processes are described as follows:
1.15.1 Minor Master Planned Development Review
If an MPD meets the same qualifications in size and definition of a Minor Subdivision, as described in the Land Management and Development Code of Deweyville Town, and does not necessitate the creation of large public infrastructure to meet its needs, the MPD may be classified as a Minor Master Planned Development, and the Planning Commission may waive many of the requirements of the MPD review process, including off-site infrastructure concurrence, and bonding requirements. These types of projects are reviewed as Minor Master Planned Developments. The review process is identical to the conditional use process and is subject to any applicable requirements of chapter 9 of this code.
1.15.2 Master Planned Development Review
Those projects having more than 9 unit equivalents shall be reviewed as Master Planned
Developments according to the procedure described in this Code. The nature of the density transfers and zoning concessions within the project are set forth in Chapter 9. The substantive requirements for master planned developments are described in Chapter 9 of this Code.
1.16 Appeals and Review Process
Decisions by the Planning Commission or Town Council regarding conditional uses, including Master Planned Developments and zoning decisions or application of this code, may be appealed to the Appeal Authority. Any person(s) within the Town who believes he/she may be adversely affected by a decision of the Town Council or Planning Commission regarding the application of the decision or this code, and/or the
owner of the subject property affected shall have standing to appeal a decision of the Planning Commission and/or Town Council. Appeals from Town actions shall be by letter or petition and contain the name, address, and telephone number of the petitioner, his or her relationship to the project or subject property, and the reasons for requesting review, including specific provisions of this Code, if known, that are violated by the action taken.
1.16.1 Written Findings of Denial Required
The Planning Commission or Town Council shall always prepare detailed written findings on any application that it denies, amends or approves. These findings shall state the reasons for the action and the provisions of this Code or other Town ordinances, or guidelines, or applicable State or federal laws or regulations that would be violated by the action, and the proposed conditions of action to be imposed and the reasons why those conditions were thought necessary. These findings shall then be made available to the Appeal Authority for their use in the appeal process.
1.16.2 Appeal Petitions Process
Besides the owner of the property acted on by the Town, any person living within the Town who submitted written comment on a proposal before the Planning Commission or Town Council, and the owner of any property within the Town has the right to appeal to the Appeal Authority any final decision of the Planning Commission or the Town Council. The petition must be filed in writing with the Town Recorder within fifteen (15) calendar days of final project action. The petition for the appeal shall state the name, address, and telephone number of the petitioner and his/her agent, if any, the name of the project, and the grounds for the appeal. The Town shall set a date for the appeal, which shall be no more than thirty (30) calendar days from the date the notice of appeal is filed with the Recorder and meet the notice requirements of section 1.6. The Town Recorder shall notify the petitioner and the owner of the project of the appeal date. The Town Recorder shall obtain the findings from the Planning Commission , Town Council and all other pertinent information and transmit them to the Appeal Authority.
1.16.3 Action on Petitions
The Appeal Authority may affirm, reverse, or affirm in part and reverse in part any decision of the Planning Commission or Town Council regarding conditional use or zoning decisions. The Appeal Authority may remand the matter to the Planning Commission, and/or Town Council with directions for specific areas of review or clarification. Appeal Authority review of petitions of appeal shall be limited to consideration of only those matters raised by the petition(s), unless the Board by motion, enlarges the scope of the appeal to accept information on other matters it may legally hear.
1.16.4 Stay of Approval Pending Review or Appeal
Upon the filing of a non-owner petition or a petition by the owner for appeal or review by the Appeal Authority of a Planning Commission or Town Council decision, any action passed on this matter by the Planning Commission or Town Council will be suspended until the Appeal Authority has acted on the appeal.
1.16.5 Appeal from the Appeal Authority
The owner of any project, or any person aggrieved by the approval of any project may appeal from the final action by the Appeal Authority affecting the project by filing a civil action in a court of competent jurisdiction. The decision of the Board shall stand, and those affected by the decision may act in reliance on it unless and until the court enters an interlocutory or final order stating the effectiveness of that decision.
1.16.6 Finality of Action
If no appeal has been taken at the end of fifteen (15) days from the date of final action by the Town Council, Planning Commission or Town Staff, the action is final.
1.17 Termination of Projects
It is the policy of the Town to require developers submitting projects to the planning process to move their projects to either approval or denial in a reasonably expeditious manner. The time required in the planning review process will vary with the size and complexity of each proposal, and the establishment of exact time requirements for review is impractical. It is the policy of the Town to formally deny projects submitted to the process which remain inactive for long periods of time due to acts or omissions of the developer.
1.17.1 Termination of Applications
When the Planning Commission believes that a project that has been formally submitted is not making normal progress towards final approval, they shall deny the project application and close the files with respect to that project. No project shall be taken to the Planning Commission for denial on the basis of inaction without giving 60 days written notice to the developer and the responsible agent by certified mail. Such notice shall state the intent of the Planning Commission to have the project denied because of inaction and the time, place, and date when the matter will be taken before the Planning Commission.
1.17.2 Inaction Defined
A project shall be deemed inactive and subject to denial on the basis of inactivity if, through the act or omission of the developer and not the Town:
(a) More than three months has passed since the last meeting of the Town staff and theDelays occasioned entirely by internal delays of the Town or any commission or board shall not be cause for termination.
(b) More than three months has passed since a request for additional information was made by the Town staff which request has not been complied with or the developer's reasons for noncompliance are not stated;
( c ) The developer is more than 60 days in default of the payment of any fee assessed by ordinance, or has not paid the fee under protest;
(d) The developer has stated his intent to abandon the project;
(e) The project appears to have been abandoned; or
(f) The application appears to have been filed in bad faith for the purpose of attempting to vest rights prior to a zoning change or code change, without actual intent to construct the project applied for.
A developer may appeal the Planning Commission's denial of a project for inactivity to the Town Council, or the action may be called up by the Council. The Town Council may reinstate subject to payment of full or partial submission fees, reinstate subject to specific ordinance changes, or deny reinstatement. If reinstatement is denied, all interest in the application ends. If the developer desires to proceed with the project, he must start at the beginning of the process with a new submission and payment of new submission fees, and shall be subject to all ordinances then in effect.
1.18 Appearance before Boards, Commissions and Councils
All persons speaking before any Town agency, department, committee, commission, or board or the Town Council on behalf of the owners of any project shall provide reasonable evidence of their agency relationship with the owner. This agency shall be presumed if the spokesman is associated with the architect or engineer whose name appears on the plans, or if the owner is present. The Planning Commission may request other persons appearing to speak in any agency position with any project to provide a statement signed by the owner
indicating the nature of the relationship and the Authority of the agent to make decisions or representations concerning the project.
1.19 Variances and Special Exceptions
Any variances or special exceptions to this Code shall be granted only by the Appeal Authority under the provisions of Chapter 5 of this Code prior to the issuance of any conditional use, master planned development, or other approval by the Planning Commission. All action on an application shall be stayed upon learning that a variance or special exception is required until the applicant shall have obtained the variance or special
exception or his request is denied by the Appeal Authority. Appeals from final action of the Appeal Authority shall be made to the District Court as provided by state law, and not to the Town Council.
1.20 Relation to Prior Development and Subdivision Ordinance
The procedures set forth in this Code are intended to supersede any inconsistent procedural provisions in the previous development and subdivision ordinance. The substantive requirements of the application form and the review process shall remain unchanged, but all final actions under that ordinance are subject to the appeal processes set forth herein, and all applications for subdivision approval are subject to termination as set forth herein.
1.21 Vesting of Zoning Rights
Upon payment of the required application fees and submission of a completed application, as determined by the Planning Commission, an applicant shall be entitled to have the filed application reviewed and acted upon pursuant to the terms of the Land Management and Development Code or development code and zoning map in effect at the time of filing of the application, subject to the exceptions set forth below. The applicant may take advantage of changes in the Code and zoning map that would permit greater density or more intense use
of the land, provided however, that these changes may be deemed a modification of the plan and require the payment of additional planning review fees. Non-zoning related matters, including, but not limited to site development standards, procedural requirements and building code requirements, will not vest until complete building permit applications have been filed and required fees have been paid. Water and Sewer connection availability, costs of water and sewer connection and water development fees, and applicable impact fees and other charges will vest only upon payment of the building permit application fees and submission of all the materials necessary for the issuance of a building permit. Vesting of all permits and approvals terminates upon the expiration or termination of the permit or approval.
Applicants shall not be entitled to review and approval of applications pursuant to the terms of the Code in effect at the time of application when revisions to the Code are pending at the time of application which would prohibit or further condition the approval sought, or when there exists a compelling reason for applying a new standard or requirement retroactively to the time of application.
1.22 Plat Approval
On all projects requiring the recording of a plat or record of survey map under applicable State law, the plat shall conform to the following standards before approval will be granted by the Town:
1.22.1 Owner's Execution
A subdivision plat must be signed by the owner of the property and all persons claiming an interest in the property within the plat, including those holding a security interest in the property, excluding mechanic liens and judgment liens. A condominium plat need not be signed by those holding security interest in the property. All owners' signatures must be legally acknowledged.
1.22.2 Contents of Plat
The plat must have signature blocks for the Mayor, Town Engineer, Fire District, School District, Recorder, Attorney, Planning Commission Chairman, and County Recorder's use. The survey data and accuracy of the plat must be certified by a licensed surveyor, and the plat must bear the surveyor's official stamp.
The submission for plat approval must be accompanied by any covenants, declarations, easements, dedications of rights-of-way, or similar documents that are in addition to the contents of the plat. The submission must also be accompanied by a current title report showing the persons having an interest in the property, and verifying the ownership is consistent with the ownership as indicated on the plat. The legal descriptions of the property must also be consistent among the plat, declarations or covenants and title report.
1.22.4 Required Signatures of Town Officers
The following signatures are required before an approved plat can be recorded: Chairman of the Planning Commission, Mayor, Chief of Fire Department, and Town Engineer.
Upon granting of final approval by the Town, the Town Recorder shall release the fully executed plat and the declaration and covenants to the title company designated by the developer for recording. The Town shall have no obligation to advance recording fees, but may deliver the plats to the County directly rather than through the developer's designated title company. No plat shall be recorded until the Recorder has verified that all fees relative to the project have been paid, including the final engineering bills from the plat approval if applicable.
1.22.6 Effect of Approval
In approving the plat, the Town and its officers and agents are only certifying to substantial
compliance with the statute and ordinances regarding the recording of plats and the prior approval of the project as being in compliance with local zoning ordinances. The Town does not make any representation concerning the accuracy of the information presented in the plat drawn by the developer, nor the value of the project.
1.23 Non-Conforming Uses
1.23.1 Non-Conforming Use Defined
As used in this Code, a non-conformance use is the use of any building, structure, or land which is prohibited by any zoning, building, or other regulatory ordinances, but which was lawfully existing prior to the effective date of such ordinance. Residential uses and residential structures occupied for residential purposes or vacant at the time of adoption of these provisions shall be exempted from the provisions of this Code. This shall not be construed to allow new residential construction except as provided by the provisions of the respective zones.
1.23.2 Non-Conforming Use of Open Land
A non-conforming use of land lawfully existing on the effective date of this Code may be continued provided such non-conforming use shall not be expanded or extended into any other portion of a conforming building or open land, and no structures, additions, alterations, or enlargements thereto shall be made thereon, except those required by law. If said non-conforming use is discontinued for a continuous period of more than three (3) years, any future use of such land shall conform to the provisions of the zone in which it is located.
1.23.3 Non-Conforming Buildings
(a) A nonconforming building in any zone may be continued for the period prescribed
in this section, provided no additions or enlargements are made thereto and no structural
alterations are made therein, except as allowed by a conditional use permit.
(b) Subject to the provisions of this code, a conditional use permit may be granted to
allow the expansion of a building which does not conform to height, lot coverage setbacks
or area requirements if the following standards are met:
(1) That granting the expansion will not adversely impact the attainment of
the General Plan.
(2) That the expansion will improve the general appearance or safety of the
(3) That by expanding the building, the character of the neighborhood is not
(4) That the expansion will improve the area by providing additional or
(5) That any expansion will be adequately screened or buffered, if needed, so
as not to increase impacts to the adjoining properties.
( c ) Notwithstanding subparagraph (b) above, an existing single family dwelling, nonconforming as to side yard requirements but having a minimum side yard of not less than
three feet may be extended in depth along the non-conforming building line to a maximum
of one-half the length of the existing dwelling if such extension is for the purpose of
enlarging and maintaining the existing dwelling or required parking and provided such
enlargement does not increase any other non-conformity which may exist and conforms to
all other regulations of the zone in which it is located.
(d) If a non-conforming building is removed, every future use of the land on which the
building was located shall conform to the provisions of this Code.
1.23.4 Non-Conforming Use of Conforming Buildings
(a) The non-conforming use of any conforming building lawfully existing on the
effective date of this Chapter may be continued provided such non-conforming use shall not
be expanded or extended into any other portion of the conforming building nor shall any
structural alterations except those required by law be made, and if such non-conforming use
is discontinued for a continuous period of more than one (1) year, any future use of such
building shall conform to the provisions of the zone in which it is located.
(b) A building or structure non-conforming as to use regulations shall not be added
to or enlarged in any manner if the expansion involves any structural alteration of the
building, except as allowed by a conditional use permit. Subject to the provisions of this
code, the use of a building or structure may be expanded if the following standards are met:
(1) The expansion of the use will not adversely impact the surrounding1.23.5 Non-Conforming Use of Nonconforming Buildings
(2) The proposed expansion is compatible with the surroundings.
(3) The site of the proposed expansion conforms to all site development
requirements as physically possible, given existing site limitations.
(4) The proposed expansion shall not create new nonconformity.
(5) No expansion of a non-conforming use shall be allowed which would
extend beyond the original lot or tract of land.
The non-conforming use of a non-conforming building lawfully existing on the effective date of thisCode may be continued for the period prescribed in this section, and may be expanded or extended throughout such building provided no structural alterations except those required by law are made therein. If no structural alterations are made or required, a non-conforming use of a non-conforming building may be changed to another use of the same or more restrictive classification. If such nonconforming use is discontinued for a continuous period of more than one (1) year, any future use of the said building shall conform to the provisions of this code and of the zone in which it is located.
1.23.6 Change in Status of Non-Conforming Use
If a non-conforming use is vacated, it may be succeeded by an equally restrictive or more restrictive non-conforming use provided such change is effected within one (1) year. After a change to a more restrictive use is in effect that change shall be evidence that the less restrictive non-conforming use has been abandoned and thereupon loses any vested right as such, and the degree of non-conformity may not subsequently be increased by changing back to a less restrictive use.
1.23.7 Reconstruction of Non-Conforming Building Partially Destroyed
A non-conforming building destroyed to the extent of not more than fifty (50) percent of its
reasonable replacement value at the time of its destruction by fire, explosion, or other casualty or act of God or public enemy, may be restored and the occupancy or use of such building or part thereof which existed at the time of such partial destruction may be continued subject to all of the provisions of this Code.
1.23.8 Non-Conformance Limited to Zone Groups
Notwithstanding any other provisions of this Code, no uses permitted in any one of the Residential zones and lawfully existing in any one of the residential or agricultural zones at the time of the effective date of this Code shall be considered non-conforming in the zone in which it is located; no uses permitted in any one of the commercial or light manufacturing or industrial zones and lawfully existing in any one of the commercial or light manufacturing or industrial zones at the time of the effective date of this Code shall be considered non-conforming in the zone in which it is located. This Section shall be applicable only to non-conforming uses.
1.24 Repealer, Savings Clause and Continuation Of Prior Ordinances
1.24.1 The Deweyville Town Zoning Code and Subdivision Ordinance
The Deweyville Zoning Code and Subdivision Ordinance previously enacted by the Town of
Deweyville are hereby amended and re-codified in their entirety to read as herein provided by this Deweyville Town Land Management and Development Code.
1.24.2 Continuation of Prior Ordinances
The amendment of all zoning and/or development ordinances heretofore enacted by the Town of Deweyville Town shall not:
(a) Affect suits pending or rights of the Town existing immediately prior to the
effective date of this ordinance.
(b) Impair, void, or affect any grant or conveyance made or right acquired or cause of
action as of the effective date of this Code or now existing.
1.24.3 Continuation of Similar Provisions
The provisions of this ordinance insofar as they are the same or substantially the same as any prior ordinances shall be construed as a continuation of the prior ordinance.
If any phrase, clause, sentence, paragraph, or section of this Code shall be declared unlawful by any court of competent jurisdiction, such decision shall not affect any of the-remaining phrases, clauses, sentences, paragraphs, and sections of this Code.
1.24.5 Effective Date
This Ordinance shall become effective February 10, 2011.
1.25 Conflicts Within the Code
Every effort is made by the Town to insure that this code is readable, understandable, and contains as few defects as possible. If however, any conflicts, defects, inconsistencies or ambiguities are found within different sections and/or chapters of this code, the Planning Commission shall follow the section or wording that is more restrictive, stringent or of a higher standard as defined or interpreted by the Planning Commission. The Planning Commission shall then make every effort to amend the code to further clarify or repair the
defect, conflict, inconsistency or ambiguity.