CHAPTER

12-100. PLANNING.

PART

12-110. ADMINISTRATION.

12-111. PLANNING COMMISSION ESTABLISHED.

There is hereby created a planning commission to be composed of three members. Members of the planning commission shall serve without compensation, except for reasonable expenses incurred in performing their duties as members of the commission. Members of the governing body may be appointed to the planning commission.

12-112. TERM IN OFFICE.

The terms of the planning commission shall be staggered. Each member of the planning commission shall serve for a term of four years and until his successor is appointed, provided that the term of the first members shall be such that the term(s) of one member(s) shall expire each year. Terms of members of the planning commission shall begin on or before the first Monday in February of each year. The governing body may remove any member of the planning commission for cause and after a public hearing, if one is requested. Vacancies shall be promptly filled in the same manner as the original appointment for the remainder of the unexpired term.

12-113. ORGANIZATION.

A.        The members of the planning commission shall select from their own members a chairman and such other officers as deemed necessary and shall adopt rules and regulations for their organization and for the transaction of business and the conduct of their proceedings.

B.        Reports of official acts and recommendations of the planning commission shall be public and made by the chairman in writing to the governing body and shall indicate how each member of the commission voted with respect to such act or recommendation. Any member of the commission may also make a concurring or dissenting report or recommendation to the governing body.

C.        The planning commission shall meet monthly and at such other times as the planning commission may determine.

D.        Three members of the planning commission shall constitute a quorum.

12-114. DUTIES AND POWERS.

The planning commission shall have all the powers and duties explicitly or impliedly given planning commissions by the laws of the state of Utah.

PART

12-120.        BOARD OF ADJUSTMENT.

12-120.1. ESTABLISHMENT.

In order to carry out the provisions of Utah law relating to planning and zoning, there is hereby created a board of adjustment, which shall consist of five members, one member of which shall be a member of the planning commission. The members of the board of adjustment shall be appointed by the governing body. The governing body may fix per diem compensation for the members of the board of adjustment by resolution, based on necessary and reasonable expenses for meetings actually attended.

12-120.2. TERM OF OFFICE.

Each member of the board of adjustment shall serve for a term of five years and until his successor is appointed provided that the term of the members of the first board so appointed shall be such that the term of one member shall expire each year. One member shall be appointed on or before the first Monday in February of each year. Any member may be removed for cause by the governing body upon written charges and after public hearing, if such public hearing is requested.

Vacancies shall be filled in the same manner as the original appointment for the unexpired term.

12-120.3. ORGANIZATION.

The board of adjustment shall elect a chairman and may adopt such rules for its own proceedings as are deemed necessary. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the recorder, which shall be the office of the board, and shall be a public record.

12-120.4. APPEALS TO BOARD - TIME - PERSONS ENTITLED - TRANSMISSION OF PAPERS.

See U.C.A. 10-9a-704.

12-120.5. STAY OF PROCEEDINGS PENDING APPEAL.

See U.C.A. 10-9a-701.

12-120.6. NOTICE OF HEARING OF APPEAL - RIGHT OF APPEARANCE.

See U.C.A. 10-9a-701.

12-120.7. POWERS OF BOARD ON APPEAL - GRANTING OF AND SHOWING TO BE ENTITLED TO VARIANCE.

A.                 See U.C.A. 10-9a-701.

B.                 To hear and decide requests for conditional uses, but only within the respective zones in which such conditional uses are permitted.

12-120.8. DECISION ON APPEAL.

See U.C.A. 10-9a-708.

12-120.9. VOTE NECESSARY TO REVERSE DECISION OF APPOINTED OFFICIAL.

RESERVED.

12-120.10. BUILDING PERMITS.

A.     The building inspector shall not issue any building permit for any building, construction or repair of any building unless such fully conforms to all zoning regulations or ordinances of this city in effect at the time of application.

B.      No permit shall be issued for any building or structure or part thereof on any land located between the mapped lines of any street as shown on any official street map adopted by the governing body. However, the board of adjustment shall have the power, upon an appeal filed with it by the owner of any such land, to authorize the grant of a permit for a building or structure or any part thereof within any mapped street located in any case in which the board of adjustment upon the evidence finds: 1) that the property of the appellant of which such mapped street location forms a part will not yield a reasonable return to the owner unless such permit is granted, or 2) that balancing the interest of the city in preserving the integrity of the official map and the interest of the owner in the use and benefits of the property, the grant of such permit is required by consideration of justice and equity. Before taking any such action, the board of adjustment shall hold a public hearing thereon. In the event that the board of adjustment decides to authorize a building permit, it shall have the power to specify the exact location, ground area, height, and other details and conditions of extent and character and also the duration of the building, structure, or part thereof to be permitted.

12-120.11 ADOPTION OF MAJOR STREET PLAN - EFFECT ON RIGHT TO FILE PLAT - APPROVAL OF PLANNING COMMISSION AS CONDITION PRECEDENT TO FILING PLAT - REGULATIONS GOVERNING SUBDIVISION OF LAND.

See U.C.A. 10-9-25, as amended.

12-120.12. NOTIFICATION OF COUNCIL.

Before any application for a variance or building permit shall be issued, the board of adjustment shall give the governing body at least 15 days’ notice of the application. The governing body shall have the opportunity to respond and comment on the application with the 15 days.

12-130.        ZONING.

12-131.        MOBILEHOMES, MOBILEHOME PARKS AND MOBILEHOME SUBDIVISIONS.

A.     The purpose of this chapter is to require that mobilehome developments will be of such character as to promote the objectives and purposes of this title, to protect the integrity and characteristics of the districts contiguous to those in which mobilehome parks are located, and to protect other use values contiguous to or near mobilehomes.

B.      All mobilehomes manufactured after June 15, 1976, must have date plates providing:

1.       Date of manufacture;

2.       Place of manufacture;

3.       Inspecting agent’s name.

C.      Mobilehomes must comply with all Zone restrictions. No mobilehome manufactured prior to June 15, 1976, will be allowed in the Town of Altamont. All permitted mobile (manufactured) homes must comply with all Town building and Zoning regulations. Mobile (manufactured) homes shall be taxed as real property and must be placed on a permanent foundation according to the Uniform Building Code. All foundations shall have footers built according to the Uniform Building Code requirements as adopted by Duchesne County and the Town of Altamont.

D.     Before a permit shall be issued for a mobile park, four copies of the Plan of the development must be submitted to the planning commission for its review. The plan shall be drawn to scale no smaller than one inch to fifty (50) feet. The plan shall show:

1.       The topography represented by contours shown at not greater intervals than two feet, when required by the planning commission;

2.       The proposed street and trailer space layout, including curb and gutter;

3.       Proposed reservations for parks, playgrounds and open spaces;

4.       Tabulations showing the percent of area to be devoted to the parks, playground, and open space, number of mobilehomes and total area in the mobilehome park;

5.       Proposed location and number of parking spaces;

6.       Generalized landscaping plan, including water, electricity and gas lines, fire hydrant locations, and sewer lines;

7.       Storm drainage facilities and disposal plan for stormwater runoff;

8.       Any other data that the planning commission may require. Applications for approval shall be submitted to the planning commission at least two weeks prior to its regular meeting and shall be granted or denied only after a public hearing by the planning commission. If approved by the commission, the application shall be deemed approved unless the Town Council indicates disapproval within five days after the next regularly scheduled Council meeting.

E.      Three copies of detailed construction drawings shall be supplied to and approved by the Building inspector and Engineer prior to approval by the planning commission. Such construction drawings shall be drawn by a licensed engineer and shall show the following:

1.       Profile and location of water and sewer lines;

2.       Location of water valves and fire hydrants;

3.       Location and size of water meters;

4.       Location and size of sewer manholes;

5.       Stormwater disposal plan.

F.      The development of a mobile park shall conform to the following standards and requirements:

1.       The area shall be in one ownership, or if in several ownerships, the application for the approval of the mobilehome park shall be filed jointly by all owners of the property included in the plan.

2.       The density in a mobilehome park shall not exceed seven units per acre (four thousand [4,000] square feet per lot). The remaining land not contained in individual lots, roads, or parking shall be set aside and developed into parks, playgrounds, and service areas for the common use and enjoyment of the occupants of the development and visitors thereto.

3.       Not less than fifteen (15) percent of the gross area of the mobilehome park shall be set aside as playground or recreation area for the joint use of occupants. The land covered by vehicular roadways, sidewalks and off-street parking shall not be construed as part of the area required for parks and playgrounds.

4.       No mobilehome or add-on shall be located closer than fifteen (15) feet from the nearest portion of any other mobilehome or add-on. All mobilehomes and add-ons shall be planted in lawns, trees, and shrubs or otherwise landscaped.

5.       All areas not covered by mobilehomes, hard-surfacing, buildings, off- street parking, space or driveways, shall be planted in lawns, trees and shrubs or otherwise landscaped.

6.       All off-street parking spaces and driveways shall be hard-surfaced before the adjacent mobilehome and spaces may be occupied.

7.       A strip of land at least fifteen (15) feet wide on the sides and twenty

8.       (20) feet in the front and rear of the mobilehome park shall be left unoccupied by mobilehomes and shall be planted and maintained in lawns, shrubs and trees designed to afford privacy to the development.

9.       All storage and solid waste receptacles outside of the confines of the mobilehome must be housed in a closed structure compatible in design and construction to the mobile homes and to any service buildings within the mobilehome park; all patios, garages, carports, and other add-ons must be compatible in design and construction with the mobilehome and with the buildings as approved by the planning commission.

10.   Roadways shall be hard-surfaced and of adequate width to accommodate anticipated traffic as set out in subsections 10 and 11 of this section.

11.   All streets shall be thirty (30) feet in width to provide for two-way traffic.

12.   For entrance streets: minimum of thirty-six (36) feet in width. All entrance streets shall be bordered by curb. There shall be no more than two entrances from the court into any one street. Entrances shall be no closer than twenty-five (25) feet from each other nor closer than fifteen (15) feet to the corner of the intersections, or as otherwise required by the planning commission.

13.   Access shall be provided to each mobilehome stand by means of an access way reserved for maneuvering mobilehomes into position shall be kept free from trees and other immovable obstructions. Paving the access way shall not be required. Use of planks, steel mats, or other means during the placement of a mobilehome shall be allowed so long as the same are removed immediately after replacement of the mobilehome.

14.   Off-street parking shall be provided at the rate of two parking spaces per mobilehome space contained within the mobilehome park. In no case shall the parking space be located greater than one hundred (100) feet away from the mobilehome space it is designed to serve, except that one fourth of the required parking space may be located not more than three hundred (300) feet away from the mobilehome spaces it is designed to serve. If the combined length of the mobilehome and pulling vehicle will allow it, that pulling vehicle may be parked on the home space, but parking shall not be reduced from that set out above.

15.   In addition to meeting the above requirements and conforming to the other laws of the city, all mobilehome parks shall also conform with the requirements set forth in the Code of Camp, Trailer Court, Hotel, Motel, and Resort Sanitation Regulations adopted by the Utah State Board of Health, and to the fire prevention code, which codes are adopted by reference, copies of which are filed at the Town office for use of the public, and all restrictions, regulations, and notations contained therein shall be made a part of this title as if fully set forth herein. In even of any conflict between said regulations or codes and this section, this section shall take precedence.

16.   Utilities and Other Services. Utility lines and equipment should be located and constructed in conformity with good engineering and construction practices and shall be in compliance with all applicable laws, ordinances or codes of the Town of Altamont and the State of Utah.

17.   Sewer. Each mobilehome space shall be provided with a four-inch sewer connection which shall be capped as to prevent any escape of odors or possible damage to the sewer system. The mobilehome sanitary drain shall be watertight and self-draining and shall be constructed of smooth plastic pipe or other material approved by state and local plumbing laws and regulations. All sewer mains will contain devices allowing access and cleaning of said lines at locations separated by not more than one hundred (100) feet.

18.   Water. A public supply of water shall be obtained from an approved public water system. An adequate amount of water shall be piped to each mobilehome lot through a private system of a design acceptable to the engineer. Fire hydrants of a design and in sufficient numbers as approved by the engineer and/or fire department shall be installed according to the town specifications.

19.   Electricity. All electricity, telephone and other service lines to each mobilehome lot s hall be underground and shall comply with all currently adopted state and local laws and regulations.

20.   Liquid or Gaseous Fuels. Any liquid fuel storage shall be located in tanks at a distance away from any mobilehome lot as determined as safe by the building official and/or fire chief and in accordance with state regulations. All fuel lines shall be underground and if metered, said meters shall be arraigned in a uniform manner.

21.   Street Lighting. Street lighting shall be provided according to standards approved by the Town in sufficient number and intensity to permit safe movement of vehicles and pedestrians at night, and shall be effectively buildings, trees, walks, steps and ramps.

22.   Refuse Handling and Receptacles. The storage, collection and disposal of refuse in the mobilehome park shall be managed so as to create no health hazards, rodent harborage, insect breeding or accident hazards. All refuse shall be stored in watertight, rodent-proof containers, and shall be provided in sufficient number and capacity to prevent any refuse from overflowing or blowing away. Satisfactory container racks or Dumpsters shall be provided at permanent locations convenient to mobilehome spaces, in areas screened from general view. Methods of storage and collection shall be in compliance with local laws and regulations.

G.     The planning commission shall review the plan to determine in compliance with all portions of the Town’s master plan. In considering the plan, the planning commission among other things, shall make sure that such development shall constitute a residential environment of sustained desirability and stability and that it will not adversely affect amenities in the surrounding areas. The planning commission may require changes to be made in the plan and development standards in excess of the minimum standard contained in this title such as walls, buffers, setbacks, greater amounts of landscaping or parking spaces, etc., may be imposed as a condition of approval where it is determined by the planning commission such standards are necessary to insure that the mobilehome park will mix harmoniously with joining or nearby uses, and comply with sewage, drain fields, and other code requirements.

H.     Adequate and reasonable guarantees may be required by the Town as determined by the planning commission for permanent retention of open space and for the maintenance of roadways, storage facilities, serve facilities, and landscaping resulting from the application of these regulations. Guarantees may be in the form of a bond, a mortgage on real estate, or other acceptable form in the sum to be determined by the planning commission. In any case, when a mobilehome park is owned by more than an individual person, the developer shall establish and appoint an agent for the purpose of service of process which agent shall be authorized to receive process and represent fully the interests of the owners in respect to continuing management and maintenance of the mobilehome park. Prerequisite to the operations of any mobilehome park in the Town shall be the obtaining of an annual license. It shall be unlawful to operate a mobilehome park without first obtaining a license and said license shall be refused or revoked upon failure of the owner and/or operator to maintain the park in accordance with the standards and requirements as herein set forth.

I.        Mobilehome parks shall be allowed only in those Zones designated as MHP-1 or Mobilehome parks. Mobilehome subdivisions shall be allowed only in those Zones designated as Mobilehome subdivisions.

PART

12-140.        CHANGES IN ZONING.

12-141.        POWERS OF THE GOVERNING BODY TO CHANGE ZONES.

It shall be lawful for the governing body from time to time as necessity may arise to change or modify any regulation or restrictions with respect to zoning or building or uses of land.

12-142.        PETITION FOR CHANGE.

In each instance where any person shall desire to have such change made, petition shall be made to the governing body definitely setting out such request and particularizing the change desired.

12-143.        FILING FEE AND PUBLICATION CHARGE.

At the time the petition is filed requesting change with respect to zoning or building or uses of land as contemplated by this part, there shall be paid to the treasurer a filing fee of ten dollar(s). Should a public hearing be required by law or otherwise upon the change so petitioned for, the party petitioning shall pay to the treasurer the sum of  ten  dollar(s) for the purpose of defraying the cost of advertising such public hearing. The recorder shall notify such petitioner of such charge for advertising and shall not proceed with the advertising until such charge has been paid.

12-144.        REFERRAL OF PETITION TO PLANNING COMMISSION.

Such petition, together with any protests thereto, shall be referred to the planning commission for consideration and recommendation. The planning commission shall return such petition together with its recommendation to the governing body no later than thirty days after referral to it.