[Amended by Ord. No. 97-2]
There is hereby created a planning and zoning commission of the City, consisting of seven members, to be appointed by the mayor and confirmed by the city council. Of the members first appointed, three members shall be appointed for a term of one year, two members shall be appointed for a term of two years and two members shall be appointed for a term of three years. All subsequent appointments shall be for a three-year term or until a successor is appointed, such appointment to be made by the mayor and City council. Such members may be eligible for reappointment.
[Amended 3-15-2016 by Ord. No. 16-01]
Should a member of the planning and zoning commission have unexcused absences at three consecutive meetings, such member shall be replaced upon notification by the chairman of the commission.
Vacancies on the commission shall be filled from recommendations by the commission to the mayor and City council for the unexpired term of the person leaving such vacancy.
The planning and zoning commission shall designate the terms of office and the officers of the commission for its own membership. The members of the planning and zoning commission shall serve without compensation, except for reasonable expenses. Employees from the City planning department shall function as staff for the planning and zoning commission. Contracts for work by consultants or others, including agencies of the state, may be recommended by the planning and zoning commission, but shall be approved by the governing body.
[Amended by Ord. No. 00-12]
It shall be the function and duty of the planning and zoning commission, after holding a public hearing, to make, adopt and certify to the governing body, a master plan for the physical development of the City and such other territory peripheral to the City, which is located within one-half mile of the corporate limits and any other areas outside the City's boundaries which bear a relation to the planning of the City. Where the plan involves territory outside the territory within one-half mile of the corporate limits, action shall be taken with the concurrence of the county through the county planning commission or board of county commissioners. The master plan, with accompanying maps, plats, charts, descriptive and explanatory matter, shall show the recommendations of the commission for physical development and may include:
The general location, character and extent of streets, bridges, viaducts, parks, parkways, waterway and waterfront development, playgrounds, airports, and other public ways, grounds, places and spaces;
The general location of public buildings and other public property; the general location and extent of public utilities and terminals, whether publicly or privately owned, for light, water, power, heat, sanitation, transportation, communication and other purposes;
The acceptance, widening, removal, extension, relocation, narrowing, vacating, abandonment or change of use of any public ways, grounds, places, spaces, buildings, properties, utilities or terminals;
A zoning plan for the regulation of the height, area, bulk, location and use of private and public structures and premises and of population density;
The general location, character, layout and extent of community centers and neighborhood units;
The general character, extent and layout for the development of blighted districts and slum areas.
The planning commission may amend, extend or add to the plan or carry forward any part or subject matter into greater detail.
In the preparation of the master plan, the commission shall make careful and comprehensive surveys and studies of the existing conditions and probable future growth of the City and its environs. The plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the City; which in accordance with existing and future needs, will best promote public health, safety, morals, order, convenience, prosperity and the general welfare, as well as efficiency and economy in the process of development.
The commission may adopt the master plan as a whole by a single resolution, or as the work to complete the whole master plan progresses, may adopt parts thereof. Any such part shall correspond generally with the subject matter of the plan. The adoption of the plan, or any part, amendment or addition shall be by resolution, carried by the affirmative votes or not less than two thirds of all members of the commission. The resolution shall refer expressly to the maps, descriptive matter and other information Intended by the commission to form the whole or part of the plan. The action taken shall be recorded in the adopted plan or part thereof by the identifying signature of the secretary of the commission. A copy of the plan or part thereof shall be certified to the governing body.
Whenever the governing body shall have adopted the master plan of the City or any part thereof, no street, park or other public way, ground, place or space, public building or structure or public utility, whether publicly or privately owned, shall be constructed until and unless the location and extent thereof conforms to the plan or shall have been submitted to and recommended for approval by the planning and zoning commission. In case of disapproval, the commission shall communicate the reasons to the governing body. The governing body, by a vote of not less than a majority of the membership, shall have the authority to overrule such disapproval. The acceptance, widening, removal, extension, relocation, narrowing, vacating, abandonment, change of use, acquisition of land for sale or lease of any street, park, or other public way, ground, place or space, property or structure, may be similarly reviewed. The failure of the planning and zoning commission to act within thirty days from the date of official submission, shall be deemed approval, unless a longer period is granted by the governing body.
The planning and zoning commission may make reports and recommendations relating to the plan and development of the City to public officials and agencies, other organizations and citizens. It may recommend to the governing body programs for public improvements and financing thereof. In general, the planning and zoning commission shall have such authority as may be necessary to enable it to perform its functions and promote municipal planning.
From and after the time when the planning and zoning commission shall have recommended and the City council shall have adopted a major street plan, the City council may establish an official map of the whole or any part of the City theretofore existing and established by law as public streets. Such official map may also show the location of the lines of streets on plats of subdivision which shall have been approved by the planning and zoning commission. The City council may make, from time to time, other additions to or modifications of the official map by placing thereon the lines of proposed new streets or street extensions, widenings, narrowings or vacations, which have been accurately surveyed and definitely located; provided, that before taking any such action, the City council shall hold a public hearing thereon; provided, further, that such proposed addition to or modification of the official map shall be submitted to the planning and zoning commission for its approval, and in the event of the commission's disapproval, such addition or modification shall require the favorable vote of not less than a majority of the entire membership of the City council. The placing of any street or street lines upon the official map shall not in and of itself constitute or be deemed to constitute the opening or establishment of any street or the taking or acceptance of any land for street purposes.
For the purpose of preserving the integrity of the official map, the City council may provide by general ordinance that 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 the official map. Any such ordinance shall provide that the board of adjustment, if the City has such aboard, of if not, a board of adjustment created for the purpose in such ordinance, 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 part thereof within any mapped-street location in any case in which the board of adjustment, upon the evidence, finds (a) that the property of the appellant of which such mapped-streets location forms a part will not yield a reasonable return to the owner unless such permit is granted, or (b) 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.
[Added by Ord. No. 81-41]
From and after the time when the planning and zoning commission shall have adopted a major street plan and shall have verified the same to the City council, no plat of a subdivision of land lying within the City shall be filed or recorded in the office of the county clerk until it shall have been submitted to the planning and zoning commission for recommendations and shall have been approved by the City council, and such approval entered in writing on the plat by the clerk of the City council or other designated members or employees. In exercising the powers granted to it by ordinance, the planning and zoning commission shall prepare regulations governing the subdivision of land within the City. A public hearing thereon shall be held by the City council, after which the City council may adopt such regulations for the City.
Whoever, being the owner or agent of any land located within any area for which a major street plan has been adopted by the planning and zoning commission and the City council, except land located in a recorded subdivision, transfers or sells such land without first preparing a subdivision plat and having such plat approved by the City council and recorded in the office of the county clerk shall forfeit and pay a penalty of seven hundred fifty dollars for each lot so transferred or sold, and the description of metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from such penalties. The City council may enjoin such transfer or sale by action for injunction or may recover such penalty by civil action.
The mayor and City council may contract for, accept and expend grants from the federal government available for the purpose of urban planning and renewal and from any agency of the state which might have funds available for such purposes and may cooperate with the Uinta County Planning Commission in such plans and applications for aid and assistance as may be made jointly.
[Amended by Ord. No. 81-41]
Violation of any of the provisions of this article shall, upon conviction, be punishable by a fine not to exceed seven hundred fifty dollars. The City, or any owner of real estate within the district in which a building, structure or land subject to this article is situated, may, in addition to other remedies provided by law, institute injunctions, mandamus, abatement or any other appropriate action or proceeding to prevent, enjoin, abate or remove any unlawful erection, construction, alteration, maintenance or use.