Chapter 1. General Provisions and Procedures

1.1 Short Title

This Ordinance shall be known as the "Land Use Code" of Rockville and may be so cited and pleaded.

1.2 Purpose

This Code is enacted to promote the health, safety, and general welfare of the present and future residents of the Town of Rockville, and to implement the policies and achieve the goals stated in the General Plan of the Town of Rockville. The Code is enacted with the intent to:

A. ensure that community growth and development occur in an orderly and well-considered manner, consistent with the goals of the General Plan;

B. provide adequate and economical infrastructure and community services;

C. mitigate or prevent manmade and natural hazards;

D. promote order and beauty in the community;

E. maintain the community's economic base and property values;

F. preserve the unique rural, agricultural, historic, and scenic character of Rockville with regard to the Town's proximity and relationship to Zion National Park.

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 Municipal Land Use Development and Management Act, Section 10-9-101 et seq. Utah Code Annotated, 1953, as amended, and all other powers granted by statute or by common law for the necessary regulation of the use and development of land within the Town.

1.3 Interpretation

In interpreting and applying the provisions of this Code, the requirements contained herein are declared to be the minimum requirements for the purposes set forth.

1.4 Conflict

The provisions of this Code are in addition to all other Town codes and ordinances, the laws of the State of Utah, the laws of the United States, and applicable common law. This Code shall not supersede any private land use regulations in deeds or covenants which are more restrictive than this Code. Whenever a conflict exists, the more restrictive provision shall apply to the extent allowed by law. The Town does not enforce such more restrictive covenants, nor shall any such covenant have the effect of modifying the regulations herein.

1.5 Effect on Previous Ordinances and Maps

Any existing ordinances covering zoning, in their entirety and including the maps heretofore adopted and made a part of said ordinances are hereby superceded and amended to read as set forth herein. Not withstanding such prior ordinances’ suspension, this new Code, including the attached maps, shall be deemed a continuation of previous ordinances and not a new enactment, insofar as the substance of revisions of previous ordinances is included in this new Code. This shall be so whether the language is the same or in different language. This Code shall be so interpreted upon all questions of construction relating to tenure of officers and boards established by previous ordinances. The questions of conforming or nonconforming uses and buildings and structures, and questions as to the dates upon which such existing uses, buildings, or structures became conforming or nonconforming shall also be deemed reviewed under the language of the prior Ordinance.

1.6 Zoning Districts and Maps

For the purposes of this Code, the territory of the Town of Rockville to which this Code applies is divided into zoning districts, expressed in acres, as follows:

A. Rural Residential (RR-1/2 acre) – Chapter 17

B. Rural Residential (RR-1 acre) – Chapter 18

C. Rural Residential (RR-2 acres) – Chapter 19

D. Rural Residential (RR-5 acres) – Chapter 20

E. Agricultural (A-1 acre) – Chapter 21

F. Residential Agricultural (RA-5 acres) – Chapter 22

G. Open Space (OS-20 acres) – Chapter 23

H. Restricted Open Space (ROS) – Chapter 24

1.7 Rules for Locating Zone Boundaries

Where uncertainty exists as to the boundaries of districts as shown on the Town of Rockville Zoning Map, the following shall apply:

A. Boundaries indicated as approximately following the centerline of streets, highways, or alleys shall be construed as to follow such centerline and in the event of change in the centerline shall be construed as moving with the centerline.

B. Boundaries indicated as approximately following the right-of-way lines of streets, highways, or alleys shall be construed as to follow such right-of-way lines, and in the event of a change in the right-of-way line shall be construed as moving with the right-of-way line.

C. Boundaries indicated, as approximately following platted lot lines shall be construed to follow such lot lines.

D. Boundaries indicated as parallel to or extensions of features indicated in sub-Sections A through C above shall be so construed. The scale of the map shall determine distances not specifically indicated on the official map.

E. In case any further uncertainty exists, the Town of Rockville Board of Adjustment shall determine the location of such boundaries.

F. Boundaries of each of the said zones are hereby established as described herein or as shown on the map entitled Town of Rockville Zoning Map, which map is on file with the Rockville Town Clerk, and all boundaries shown thereon are made by this reference as much a part of this Code as if fully described and detailed herein.

1.8 Supplementary Regulations to All Zones

1.8.1 The Establishment of Temporary Residences Prohibited

For the purposes of this Chapter, temporary residences defined as recreational vehicles, travel trailers, pickup campers, motor coach homes, converted trucks or buses, tents, tepees, lean-to's, or any other natural or manmade shelter used for the establishment of a temporary or permanent residence are prohibited within the Town with the following exceptions:

A. Recreational vehicles and tents may be occupied as a temporary residence for up to fifteen (15) cumulative days within any six-month period. This limitation applies to property owners as well as guests. Extensions or variations require a Conditional Use Permit.

B. All temporary residences are subject to the Town’s parking and other applicable ordinance stipulations.

C. All temporary residences shall have sanitary facilities and an approved means for the handling and disposal of human waste and refuse.

D. At no time shall any form of commercial RV or camping activity be allowed within the limits of the Town of Rockville.

E. Placement of a recreational vehicle without time limitations is permitted within the Grafton Historic District, without a Conditional Use Permit, for occupancy by an on-site volunteer steward for the purpose of site protection.

1.8.2 Enforcement

The Town of Rockville's Zoning Administrator, Code Enforcement Officer, or Building Inspector shall be responsible for enforcement of the conditions and standards imposed by this Land Use Code Section. Any structure or use which is established, operated, erected, moved, altered, enlarged, or maintained contrary to the provisions of this Land Use Code, is hereby declared unlawful and a public nuisance, for which the Town shall commence appropriate legal action or proceedings for the abatement, removal, or the enjoining thereof, in the manner prescribed by law.

1.9 Annexations

All annexed property will come into Rockville zoned open space, pending future changes recommended by the Planning Commission and approved by the Rockville Town Council.

1.10 Filing of Code and Zoning Map

This Code and map shall be filed in the custody of the Rockville Town Clerk and may be examined by the public subject to reasonable regulations established by said Clerk.

1.11 Town of Rockville Zoning Map Adopted

The Zoning Map for the Town of Rockville as presented to the Town Council and executed by the Mayor is the Official Zoning Map for Rockville; the Mayor shall execute a new map, or re-execute the existing map with amendments noted thereon. The Official Zoning Map for Rockville is attached hereto as Appendix “A “.

1.12 Amendments to Land Use Code and Zoning Maps

It may become desirable from time to time to amend the provisions of the Code or the Zoning Map. All amendments shall be made in the following manner:

A. Procedural Amendments

The Town Council, from time to time following a public hearing, may make amendments to the procedural provisions of the Code. Matters that are procedural in nature do not change zone boundaries, directly affect the nature or the density of uses on any given parcel of land, do not change the development or lot standards, and do not change the designation of uses as permitted, prohibited or conditional. The hearing shall be published once, seven (7) prior to the hearing, in a newspaper having general circulation in the Town. The amendment may be adopted on the day of the hearing or at any time following the hearing.

B. Substantive Amendments

Amendments to the Code which affect zone boundaries, the nature or density of uses on any given parcel of land, change the development or lot standards, or change the designation of uses as permitted, prohibited or conditional as provided below:

1) Hearings before Planning Commission

The Planning Commission shall hold a public hearing on all substantive amendments. Notice of the hearings before the Planning Commission shall be given by posting notice in at least three (3) public places within the Town and provided at least fourteen (14) days published notice in a newspaper of general circulation within the Town. The notice shall state generally the nature of the proposed amendment and land affected, and the time, place, and date of the hearing. More detailed information shall be available for public inspection at the office of the Town Clerk at the time the notice is published.

2) Action by Planning Commission

Following the hearing, the Planning Commission shall adopt formal recommendations to the Town Council regarding the matter before it, approving, disapproving, or modifying the proposal. If the Planning Commission fails to take action within thirty (30) days of the public hearing, the Town Council may consider the matter forwarded from the Planning Commission with a negative recommendation and schedule the matter for public hearing.

3) Hearing before Town Council

The Town Council shall hold a public hearing on all substantive amendments to the Land Use Code. Notice of the hearing shall be given by posting notice in at least three public places within the Town and provided at least 14 days published notice in a newspaper of general circulation within the Town. Following the hearing, the Council shall approve, disapprove, or modify and approve the proposal before it. 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 requires the affirmative vote of three or more Town Council members. Council may act on the petition at the time of the hearing or at subsequent meetings.

4) Joint Hearings

At the option of the Town Council, the hearings before the Planning Commission and the Council may be consolidated into a single hearing, provided however, that the Commission and the Council shall take separate votes. The Commission vote shall be taken first. Notice for any joint hearing shall be given by posting notice in at least three (3) public places within the Town and provided at least fourteen (14) days published notice in a newspaper of general circulation within the Town.

C. Temporary or Emergency Zoning

The Town Council may, without a public hearing, enact ordinances establishing temporary zoning regulations for any part or all of the area within the Town if:

1) the Town Council makes a finding of compelling, countervailing public interest; or

2) the area is unzoned.

Those temporary zoning regulations may prohibit or regulate the erection, construction, reconstruction or alteration of any building or structure or subdivision approval. The Town Council shall establish a period of limited effect for the ordinances not to exceed six (6) months.

1.13 Procedures 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 Town of Rockville. Proposals submitted to the Town shall be reviewed according to the type of application filed. The Planning Commission reviews all permitted uses, administrative lot line adjustments and administrative conditional use permits. Planned developments, subdivisions and plat amendments are reviewed and approved by the Planning Commission and where required by Utah law, the Town Council. The Board of Adjustment reviews variances and non-conforming uses and structures. No planning review shall occur until all applicable planning application fees have been paid, and no final approval shall be effective until all other fees assessed by ordinance, including applicable staff review and engineering fees have been paid. Upon issuance of final planning approval under the applicable review process, the plans are forwarded to the Building Inspector for building permit review under the provisions of the Uniform Building Code, as adopted and amended by Rockville. Building Permits shall be issued by the Town Clerk upon completion of all reviews, approvals, and fees paid.

1.14 Permitted Use Review Process

On any application 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 Zoning Administrator and/or Planning Commission shall review the application to determine whether the proposal:

A. is a permitted use within the zone for which it is proposed;

B. complies with all applicable development requirements of that zone, including building height, setback, front, side, and rear yards, and lot coverage;

C. meets the applicable parking requirements;

D. conforms to the standards established for that zone;

E. can be adequately serviced with roads, and existing or proposed utility systems or lines.

Once approved by the Zoning Administrator and/or Planning Commission, the plans shall be forwarded to the Building Inspector and the plans will be reviewed for Building Code compliance and permit issuance procedures. If the application does not comply with the requirements of the zone, the Zoning Administrator and/or Planning Commission shall so notify the owner of the project or his agent, stating specifically what requirements of the zone have not been satisfied, and also stating whether the project could be submitted as a proposed conditional use for that zone.

A. 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 Uniform Building Code:

1) The footing and foundation details, topographic survey, site plan, and

elevations of all sides of the structure shall be submitted with the application,

and all fees paid.

2) A certified survey may be required on applications with structures on or near the lot lines, or when the lot lines are difficult to determine from existing plats and monuments. Additional topographic data may be required when the site is sloping, when the building height cannot be readily determined from the elevations without topographic data, or when the proposed building is within two (2) feet of the maximum height allowed.

3) A statement of the name and address of the owner or responsible agent, and

a telephone number.

4) 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.

5) A legal description of the property and proof of ownership or agency.

6) The location and size of adjacent utility lines, where applicable.

Approval of the permitted uses shall be noted by the issuance of a building permit in compliance of the Uniform Building Code, as adopted by Rockville.

1.15 Conditional Use Review Process

Applications for conditional uses shall be reviewed according to Chapter 11 herein.

1.16 Special Application Process

A. PD Review Process

Applications for developments to be built according to a General Plan, which provides for mixed uses, and/or density transfers and concentrations within the site, shall be reviewed according to Chapter 13 herein.

B. Variance, Exceptions, and Non-Conforming Uses

The Board of Adjustment shall review variances, exceptions, and non-conforming uses and structures in accordance with the regulations set forth in Chapter 4 and/or Utah Code Sections 10-9-701 to 10-9-707. Any variances or non-conforming permits must be obtained from the Board of Adjustments prior to the issuance of any conditional use, planned development, or other approval by the Planning Commission. All action on an application shall be stayed upon learning that a variance or non-conforming permit is required until the applicant shall have obtained the variance or non-conforming permit.

C. Plat Amendments/Subdivision

Plat amendments and subdivisions shall be reviewed pursuant to Chapter 12 herein. No building permit shall be issued prior to such approval, if required.

1.17 Relation to the Subdivision Ordinance

The procedures set forth in this Code are intended to supersede inconsistent procedural provisions in the 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.

1.18 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 the Town will grant approval:

A. 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. All owners' signatures must be acknowledged.

B. Contents of Plat

The plat must have signature blocks for the use of the Mayor, town engineer, town planner, Town Clerk, attorney, Planning Commission Chairman, and the County Recorder. A licensed surveyor must certify the survey data and accuracy of the plat, and the plat must bear the surveyor's official stamp. Signatures required will be defined by the Planning Commission.

C. Submission

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.

D. Recording

Upon granting of final approval by the Town, the Town Clerk 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 Town Clerk has verified that all fees relative to the project have been paid, including the final engineering bills from the plat approval.

E. 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.

1.19 Notice

Notice of hearings before the Town Council, Planning Commission, and Board of Adjustment shall be provided in accordance with this Section and the attached Notice Matrix. (See Page 1-18 and 1-19.) All notice, unless otherwise specified in this Code or State law, shall describe the action affecting the subject property, and the time, place, and date set for public hearing on the matter, and that more detailed information is available from the Town Clerk and shall be given as follows:

A. Posted Notice

The Town shall post notice on the property affected by the application and in at least three (3) other public places within the Town.

B. Published Notice

Public notice of application shall be given by publication in a newspaper having general circulation in the Town of Rockville.

C. Courtesy Notice

As a courtesy to property owners, each owner of record of each parcel located entirely or partly within three hundred (300) feet from all property lines of the subject property will be notified by the Town Council. The addresses for adjacent owners shall be as shown on the most recently available Washington County tax assessment rolls. If the subject property is a condominium, which has an owner’s association, owner’s association is sufficient in lieu of the address for each unit owner. 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.

D. Effect of Notice

Proof that notice was given pursuant to Subsection (A) and (B), 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 thirty (30) days from the date of the hearing for which the challenged notice was given, the notice is considered adequate and proper.

1.20 Termination of Projects

It is the policy of the Town to require applicants 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 applicant.

A. Termination of Applications

When the Zoning Administrator finds that an application has been inactive for six (6) months or more, the Zoning Administrator may deny the project application and close the files with respect to that project. No project shall be denied on the basis of inaction without giving ten (10) days written notice to the applicant and the responsible agent by certified mail. Such notice shall state the intent of the Zoning Administrator to have the project denied because of inaction and the right to appeal said denial to the Planning Commission.

B. 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 applicant and not the Town:

1) more than six (6) months has passed since the applicant’s last meeting with the Planning Commission and the applicant has not responded to calls or certified letters;

2) more than six (6) months has passed since a request for additional

information was made by the Planning Commission which request has not been complied with or the developer’s reasons for non-compliance are not stated;

3) the applicant is more than sixty (60) days in default of the payment of any fee assessed by ordinance, or has not paid the fee under protest;

4) the applicant has stated his intent to abandon the project;

5) the project has been abandoned; or

6) the application appears to have been filed in bad faith for the

purpose of attempting to vest rights prior to a zone change, without actual intent to construct the project for which application was made.

Delays occasioned entirely by internal delays of the Town or any commission or board shall not be cause for termination.

C. Reinstatement

An applicant may appeal the Zoning Administrator’s denial of a project for inactivity to the Planning Commission in the same manner as any other appeal. The Planning Commission 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 applicant desires to proceed with the project, a new application and payment of new submission fees, and the new application shall be subject to all ordinances then in effect.

1.21 Penalties

Any person, firm, partnership, or corporation, or the principles or agents thereof violating or causing violation of this Code shall be guilty of a Class “B” misdemeanor, if so convicted. In addition, the Town shall be entitled to bring an action to enjoin and/or abate the continuation of the violation.

Private citizens of Rockville or property owners shall also have the 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 at least ten (10) days prior to filing the action.

1.22 Vesting of Zoning Rights

Upon payment of the required application fees and submission of a completed application, as determined by the Zoning Administrator/Planning Commission, an applicant shall be entitled to have the filed application reviewed and acted upon pursuant to the terms of the Land Use Code and Zoning Map in effect at the time of filing of the complete 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.

Vesting of all permits and approvals terminates upon the expiration or termination of the permit or approval.

A. Exceptions

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.

1.23 Definitions

See Chapter 2

1.24 Building Permit Required

No person, firm, or corporation, or the agent of either, shall erect, construct, reconstruct, alter, structurally repair, or remove any building or other structure in the Town of Rockville eligible under the Uniform Building Code without having first obtained a building permit from the Town's designated building inspector and Zoning Administrator. The Town officials charged with the administration of this Code or any other Town official shall not grant a permit for the erection, construction, reconstruction, alteration, structural repair, or removal of any building or structure if such building or structure would be in violation of any provisions of this Code. Any permit granted in violation of this or any other applicable Town Ordinances or Code shall be null and void.

1.25 Site Plan Required

A detailed site plan shall be filed as part of any application, prior to a request for a building permit. It shall show and provide all required information described in this Code.

1.26 Inspection

The Town of Rockville Zoning Administrator is authorized to inspect or to have inspected all buildings and structures in the course of their construction, modification or repair, and to inspect land uses to determine compliance with Land Use Code provisions after reasonable notice is given with due cause. In no case shall entry be made to any occupied building in the absence of the owner or tenant thereof without written permission of an owner, or written order of a court of competent jurisdiction.

1.27 Enforcement

The Town of Rockville Zoning Administrator is authorized as the enforcing officer for this Code, and shall enforce all provisions, entering actions in court if necessary, and failure to do so shall not legalize any violations of such provisions. The Town may, by resolution or ordinance, entrust administration of this Code, in whole or in part, to another officer of the Town of Rockville, without amendment to this Code.

1.28 Nuisance and Abatement

Any building or structure erected, constructed, altered, enlarged, converted, moved or maintained contrary to provisions of this Code, and any use of land, building or premise established, conducted or maintained contrary to provisions of this Code shall be, and the same hereby is, declared to be unlawful and a public nuisance; and the local attorney shall, upon request of the Town, at once commence action or proceedings for abatement and removal or enjoinment thereof in a manner provided by law, and take other steps and apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building or structure, and restrain or enjoin any person, firm, or corporation from erecting, building, maintaining, or using said building or structure or property contrary to the provisions of this Code.

Activities that are frequent, continuous, or excessive in nature that adversely effect the quality of living within the Town will be considered a nuisance and are prohibited.

1.29 Penalties

Any person, firm, or corporation (as principal, agent, employee or otherwise) violating, causing, or permitting violation of the provisions of this Code shall be guilty of a misdemeanor, and punishable by not more than six (6) months in jail and/or a fine not to exceed $299.00. Such person, firm, or corporation violating this Code shall be deemed to be guilty of a separate offense for each day during which any portion of any violation of this Code is permitted or continued by such person, firm, or corporation, and shall be punishable as herein provided.

1.30 Severability (See Chapter 26)

If any section, subsection, sentence, clause or phrase of this Code is for any reason held to be invalid, such holding shall not affect the validity of the remaining portion of this Code.

1.31 Licensing

All departments, officials and public employees of the Town of Rockville who are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this Code and shall issue permits and licenses only in conformance of this Code. Licenses and permits issued in violation of this Code shall take no effect, and are null and void.

1.32 Fees

Fees may be charged applicants for building, occupancy, and conditional use permits, home occupation permits, and planned development application, Board of Adjustment hearings, requested meetings of the Rockville Town Council, other than regularly scheduled monthly meetings, and such other services as are required by this Code to be performed by public officers or agencies. Such fees shall be established by the Town and be in amounts reasonably needed to defray costs to the residents of Rockville.

1.33 Appeals, Reconsideration and Call-up Process

A. Planning Commission

Final actions by the Planning Commission may be appealed to the Town Council.

B. Standing to Appeal

The following shall have standing to appeal a final action:

1) any person who submitted written comment or testified on a proposal before the Planning Commission;

2) the owner of any property within three hundred (300) feet of the boundary of the subject site;

3) any town official, board or commission having jurisdiction over the matter; and

4) the owner or owner’s of the subject property.

C. Timing

All appeals must be made within ten (10) calendar days of the final action. The reviewing body, with the consultation of the appellant, shall set a date for the appeal.

D. Form of Appeal

Appeals shall be contain the name, address, and telephone number of the petitioner, his or her relationship to the project or subject property, and must have a comprehensive statement of all the reasons for the appeal, including specific provisions of the law, if known, that are alleged to be violated by the action taken.

E. Written Findings Required

The Town Council shall prepare detailed written findings on any application or appeal that it denies or approves. These findings shall state the reasons for denial or approval, 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 approval, and/or the proposed conditions of approval to be imposed and the reasons why those conditions were thought necessary.

F. Town Council Action on Appeals

The Town Council, with the consultation of the appellant, shall set a date for the appeal. The Town Clerk shall notify the owner of the project of the appeal date. The Town Clerk shall obtain findings from the Planning Commission and all other pertinent information and transmit them to the Council. The Town Council may affirm, reverse, or affirm in part and reverse in part any decision of the Planning Commission. The Town Council may remand the matter to the Planning Commission with directions for specific areas of review or clarification. Council review of petitions of appeal shall be limited to consideration of only those matters raised by the petition(s), unless the Council by motion enlarges the scope of the appeal to accept information on other matters. When deciding an appeal, the Town Council shall adopt the written findings within fifteen (15) working days of its vote on the matter, unless there is no Town Council meeting within the third week (10-15 days), in which case the Town Council shall adopt the findings at its next regularly scheduled meeting.

G. Town Council Call-up

Within fifteen (15) calendar days of final action on any project, the Town Council, on its own motion, may call any final action taken by the Planning Commission up for review by the Council. The call-up shall require the majority vote of the Council. Notice of the call-up shall be given to the Chairman of the Planning Commission by the Town Clerk, together with the date set by the Council for consideration of the merits of the matter. The Town Clerk shall also provide notice as required by Chapter 1 of this Code. In calling a matter up, the Council may limit the scope of the call-up hearing to certain issues, and need not take public input at the hearing. The Town Council, with the consultation of the applicant, shall set a date for the call-up.

The Town Clerk shall notify the applicant of the project of the call-up date. The Town Clerk shall obtain the findings and all other pertinent information and transmit them to the Council.

H. Notice

Notice of all appeals to the Town Council or call-ups shall be given by:

1) posting the subject property seven (7) days prior to the hearing; and

2) by mailing notice seven (7) days prior to the hearing to all parties who received mailed notice for the original action.

I. Stay of Approval Pending Review or Appeal

Upon the filing of a non-owner petition or a petition by the owner for review by the Town Council of a Planning Commission decision, any approval granted by the Planning Commission will be suspended until the Town Council has acted on the appeal. In the event the Town Council votes to call-up an action taken by the Planning Commission, any approvals granted by those entities shall be suspended until the Council has acted on the call-up.

J. Appeal from the Town Council

The owner of any project, or any person aggrieved by the approval of any project may appeal from the final action by the Town Council affecting the project by filing a civil action in a court of competent jurisdiction. The decision of the Council 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.

K. Finality of Action

Final action shall occur when the deciding body has adopted and executed written findings of fact, conclusions of law, and when applicable, conditions of approval.

L. Reconsideration

The Town Council and Planning Commission may reconsider at any time any legislative decision upon an affirmative vote of a majority of that body. The Town Council, and Planning Commission, may reconsider any issue or matters of consideration of an appeal or quasi-judicial decision upon an affirmative vote of a majority of that body at any time prior to final action, as defined above. Any action taken by the deciding body shall not be reconsidered or rescinded at any special meeting unless the number of members of the deciding body present at the special meeting is equal to or greater than the number of members present at the meeting when the action was approved.

1.34 Constitutional Taking Review and Appeal

In order to promote the protection of private property rights and to prevent the physical taking or exaction of private property without just compensation, the Town Council and all commissions and boards shall adhere to the following before authorizing the seizure or exaction of property (pursuant to Section 63-90-1 of the Utah Code Annotated 1953, as amended):

A. Takings Review Procedure

Prior to any proposed action to exact or seize property by the Town Council or any commission or board, the town attorney shall review the proposed action to determine if a constitutional taking requiring "just compensation" would occur. The town attorney shall review all such matters pursuant to the guidelines established in Subsection (B) herein. Upon identifying a possible constitutional taking, the town attorney shall, in a confidential, protected writing, inform the Town Council, commission or board of the possible consequences of its action. This opinion shall be advisory only and no liability shall be attributed to the Town for failure to follow the recommendation of the town attorney.

B. Takings Guidelines

The town attorney shall review whether the action constitutes a constitutional taking under the Fifth or Fourteenth Amendments to the Constitution of the United States, or under Article I, Section 22 of the Utah Constitution. The town attorney shall determine whether the proposed action bears an essential nexus to a legitimate governmental interest and whether the action is roughly proportionate and reasonably related to the legitimate governmental interest. The town attorney shall also determine whether the action deprives the private property owner of all reasonable use of the property. These guidelines are advisory only and shall not expand nor limit the scope of the Town’s liability for a constitutional taking.

C. Appeal

Any owner of private property who believes that his/her property is proposed to be "taken" by an otherwise final action of the Town may appeal the Town's decision to the Takings Appeal Board within thirty (30) days after the decision is made. The appeal must be filed in writing with the Town Clerk. The Takings Appeal Board shall hear and approve and remand or reject the appeal within fourteen (14) days after the appeal is filed. The Takings Appeal Board, with advice from the town attorney, shall review the appeal pursuant to the guidelines in Subsection (B) herein. The decision of the Takings Appeal Board shall be in writing and a copy shall be given to the appellant and to the Town Council, commission or board that took the initial action. The Takings Appeal Board's rejection of an appeal shall constitute final Town action.

D. Takings Appeal Board

There is hereby created a three-member Takings Appeal Board. The Mayor shall appoint three current members of the Board of Adjustment to serve on the Takings Appeal Board. If, at any time, three members of the Board of Adjustment cannot meet to satisfy the time requirements stated in Subsection (C), the Mayor shall appoint a member or sufficient members to fill the remaining vacancies.

NOTICE MATRIX
ACTION:		POSTED:	MAILED:	PUBLISHED:
Zoning and Rezoning		14 days prior to the hearing before the Planning Commission and Town Council	To owners of the property and owners within 1000 ft. 14 days prior to the hearing before the Planning Commission and Town Council (if individual property).	Once 14 days prior to each hearing before the Planning Commission and Town Council.
Substantive Amendments to Land Use Code		14 days prior to the hearing before the Planning Commission and Town Council.	- - - - - - - - - - -	Once 14 days prior to the hearing before the Planning Commission and Town Council.
Procedural Amendments to Land Use Code		- - - - - - - - - - -	- - - - - - - - - - -	Once 7 days prior to the hearing before Town Council.
Amendments to General Plan		14 days prior to the hearing before the Planning Commission and Town Council.	- - - - - - - - - - -	Once 14 days prior to the hearing before the Planning Commission and Town Council.
Planned Developments		14 days prior to the hearing before the Planning Commission.	To owners within 1000 ft. 14 days prior to the hearing before the Planning Commission.	Once 14 days prior to the hearing before the Planning Commission.
Appeals from Planning Commission, including Town Council Call-Up		7 days prior to the date set for the appeal or call-up.	To all parties who received mailed notice for the Planning Commis-sion meeting 7 days prior to the Town Council meeting.	Once 7 days before the date set for the appeal or call-up.
Conditional Use Approval		14 days prior to the hearing before the Planning Commission.	To owners within 300 ft., at least 14 days prior to the hearing before the Planning Commission.	Once 14 days prior to the hearing before the Planning Commission.
Variance Requests, Non-conforming Use Modifications, and Appeals to Board of Adjustment		14 days prior to the hearing before the Board of Adjustment.	To owners within 300 ft., 14 days prior to the hearing before the Board of Adjustment.	Once 14 days prior to hearing before the Board of Adjustment.
Annexations	Varies, depending on number of owners and whether amending the policy declaration, so verify with the town attorney
Termination of Project Applications	- - - - - - - - - -		Mailed Notice: To developer and certified agent by certified mail 60 days prior to hearing before the Planning Commission.
Preliminary and Final Subdivision Plat Applications		14 days prior to the hearing before the Planning Commission.	To owners within 1000 ft. 14 days prior to the hearing before the Planning Commission.	Once 14 days prior to the hearing before the Planning Commission.
Final Subdivision Plan Applications		14 days prior to the hearing before the Town Council.	To owners within 1000 ft. 14 days prior to the hearing before the Town Council.	Once 14 days prior to the hearing before the Town Council.