[Amended by Ord. No. 97-2]
A.
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]
B.
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.
C.
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.
D.
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]
A.
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:
(1)
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;
(2)
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;
(3)
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;
(4)
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;
(5)
The general location, character, layout and extent
of community centers and neighborhood units;
(6)
The general character, extent and layout for the development
of blighted districts and slum areas.
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The planning commission may amend, extend or
add to the plan or carry forward any part or subject matter into greater
detail.
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B.
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.
C.
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.
D.
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.
E.
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.
A.
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.
B.
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]
A.
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.
B.
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.
