Zoning Regulations
CHAPTER 1: GENERAL PROVISIONS
SECTION:
9-1-1: Purposes
9-1-2: Authority And Applicability
9-1-3: Severability
9-1-4: Omissions
9-1-5: Amendments
9-1-6: Fees
9-1-7: Appeals
9-1-1: PURPOSE:
This chapter provides for the establishment of zones and overlays with associated use requirements and standards, for the guidance, management, and regulation of all uses, buildings and structures, and other activities occurring within Hanksville. This chapter is found to be consistent with and to meet all requirements of the Act and includes the following:
To implement the Hanksville General Plan;
Provide for the health, safety, and well-being of all Hanksville residents;
Preserve the small, quiet, rural, quality of life in Hanksville;
Guide and direct orderly growth and development, consistent with the Hanksville General Plan, including its land use policies;
Provide for fairness and consistency in land use policy and all related decision-making;
Protect farming and ranching as a lifestyle choice for residents;
Preserve Hanksville's natural beauty and resources, including, but not limited to, open spaces, clean air and water,;
Provide for the establishment of appropriately compatible commercial activities that meet the needs of Hanksville residents and visitors;
Protect landowners from adverse impacts and nuisance from adjoining uses;
Protect property values and Hanksville's tax base; and
Encourage pride in the appearance and quality of Hanksville.
9-1-2: AUTHORITY AND APPLICABILITY:
Adoption: The Hanksville Town Council adopts this title, including the map and appendices, as attached hereto, pursuant to the Municipal Land Use, Development and Management Act as amended (Utah Code Annotated 10-9a, et seq., hereinafter "the Act") and all other authorities and provisions of State and Federal laws and case law, as applicable. This title is adopted as a land use ordinance, as authorized and defined by the Act.
Applicability: This title shall apply to all property located within the boundaries of Hanksville, Utah (that may be hereinafter referred to as "Hanksville" or "the Town").
Construction: As provided by the Act, the Town may exercise all powers granted by the Act, except in cases clearly contrary to the intent of the law.
Consistency: The provisions and standards of this title are found to be consistent with the Hanksville General Plan, as adopted.
These regulations qualify or supplement, as the case may be, the zone regulations appearing elsewhere in this title.
9-1-3: SEVERABILITY:
If any chapter, part, section, paragraph or subsection of this title, or the application thereof is held to be invalid, the remainder of this title shall not be affected thereby.
9-1-4:OMISSIONS:
An omission to specify or enumerate in this title those provisions of general law applicable to all Utah municipalities shall not be construed to be a waiver of any such laws.
9-1-5: AMENDMENTS:
This title may be amended by the Hanksville Town Council from time to time, but any proposed amendment must first be submitted to the Planning and Zoning Commission for review, a public hearing, and a recommendation with comments to the Town Council. Requests to amend this title may come from the Town Council, the Mayor, the Planning and Zoning Commission, Hanksville property owners, or Hanksville residents.
No proposed amendment shall be adopted unless the proposed amendment complies with the following criteria:
The proposed amendment will place property similarly situated into the same zoning classification or in complementary classifications;
All uses permitted under the proposed amendment are in the general public interest and not merely in the interest of an individual or small group;
All uses permitted under the proposed amendment will be appropriate in the area to be included in the proposed amendment;
The character of the neighborhood will not be adversely affected by any use permitted in the proposed amendment; and
The proposed amendment is consistent with the Hanksville General Plan.
Before adopting any amendment to this title, Hanksville shall comply with the notice and hearing requirements of Utah Code Annotated 10-9a-205.
9-1-6: FEES:
The Town Council may establish, by resolution, an administrative fee for the processing and review of applications for development approval, appeals and variances designed to recover an amount not to exceed the actual or anticipated costs of review. Service providers may adopt their own review fees. All review fees shall be paid prior to the approval of the development permit.
9-1-7: APPEALS:
Any person shall have the right to appeal the decision of the Planning and Zoning Commission to the Town Council.
CHAPTER 2: PLANNING AND ZONING COMMISSION
SECTION:
9-2-1: Purpose
9-2-2: Planning and Zoning Commission Established
9-2-3: Term In Office
9-2-4: Commission Members Considered Volunteers
9-2-5: Organization
9-2-6: Duties and Powers
9-2-1: PURPOSE:
The purpose of this ordinance is to establish a commission to execute the planning and zoning of land and to handle the affairs of building and growth (ie.: applications, permits,and enforcement of said planning and zoning laws) in Hanksville.
9-2-2: PLANNING AND ZONING COMMISSION ESTABLISHED:
The Planning and Zoning Commission of the Town will be composed of a minimum of five (5) members of the Hanksville community, appointed by the Town Council. Members of the Planning and Zoning Commission must be individuals who are domiciled in or within five (5) miles of Hanksville. Members of the Planning and Zoning Commission shall serve without compensation, except for reasonable expenses incurred while performing their duties as members of the commission. At any one time, only one (1) member of the Town Council may serve on the Planning and Zoning Commission; he or she may serve as a regular member and/or as a liaison between the Town Council and Planning and Zoning Commission.
9-2-3: TERM IN OFFICE:
The terms of the members of the Planning and Zoning Commission shall be staggered. Each member shall serve for a term of three (3) years and until his/her successor is appointed, provided that the term of the first members shall be such that the term(s) of one member shall expire each year. Terms shall begin on or before the first Monday in April of each year. Members may be reappointed by the Town Council. There shall be no maximum number of consecutive terms.
The Town Council may remove any member of the Planning and Zoning 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.
9-2-4: COMMISSION MEMBERS CONSIDERED VOLUNTEERS:
Members of the Planning and Zoning Commission shall be deemed volunteers for the purposes of Town ordinances, rules, regulations and policies concerning personnel. However, commission members shall be included in the definition of "employee" for the purposes of the Utah Governmental Immunity Act.
9-2-5: ORGANIZATION:
Officers: The members of the Planning and Zoning Commission shall annually review and select, from their own members, a Chairperson and such other officers as deemed necessary and shall adopt rules and regulations set by the Town Council for their organization and for the transaction of business and the conduct of their proceedings.
Recordkeeping: Reports of official acts and recommendations of the Planning and Zoning Commission shall be public and made by the Chairperson in writing to the Town Council 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 Town Council.
Minutes: For Town records, approved minutes from the previous month's planning and zoning meeting will be submitted to the Town Council during their regular monthly meeting.
Meetings: The Planning and Zoning Commission shall meet on the second Tuesday of each month and as such other times as the Planning Commission may determine. All Planning commission meetings shall be conducted in accordance with the Utah Open and Public Meetings Act (Title 52, Chapter 4 of the Utah Code).
Quorum: Three (3) members of the Planning and Zoning Commission shall constitute a quorum. A majority of the voting members present at a meeting at which a quorum is present shall be required for any action.
Minimum Attendance: Planning commission members must attend a minimum of seven (7) meetings during a calendar year.
9-2-6: DUTIES AND POWERS:
The Planning and Zoning Commission shall have all the powers and duties explicitly or impliedly given Planning and Zoning Commissions by the laws of the State as outlined in Utah Code Annotated 10-9a-301 et seq., and shall also have such additional powers and duties as are given to the Planning and Zoning Commission by the Town Council. The powers and duties of the Planning and Zoning Commission are as follows:
Prepare and recommend to the Town Council a General Plan and amendments to the General Plan;
Prepare and recommend to the Town Council zoning ordinances and maps, and amendments to zoning ordinances and maps, which conform to the provisions of the General Plan adopted by the Town Council;
Prepare and recommend to the Town Council subdivision regulations and amendments to those regulations, which conform to the provisions of the General Plan adopted by the Town Council;
Recommend approval or denial of Hanksville subdivision applications;
Act as Hanksville’s Affordable Housing Authority (conducting affordable housing assessments, making recommendations to the Town Council for development of quality and affordable housing opportunities, and overseeing and assisting with grant applications);
Advise the Town Council on land use authority matters as the Town Council directs and hears, and decide any matters that the Town Council designates and as otherwise authorized by State law, which may include but not be limited to the following:
Conditional use permits;
Permits related to flood management criteria and act as the Local Development Administrator as described in Section 6-4-5;
Nonconforming uses and structures;
Land use applications;
Sign and lighting permit use applications;
Livestock use permits;
Public event permits;
Subdivision applications;
Plan for future parks and open-space designation;
Long-term planning;
Building permits to ensure zoning standards are met;
Conduct the required inventories of Hanksville class B and class C roads and make roads recommendations to the Town Council;
Assist the Town Council with the creation of an appeal authority for Hanksville.
Conduct such public hearings as are required by law or as may be deemed necessary by the Planning and Zoning Commission.
Employ experts and assistants and pay such expenses as may be reasonable and necessary for carrying out the duties of the Planning and Zoning Commission, but not in excess of such sums as may be appropriated by the Town Council and/or which may be placed at the disposal of the Planning and Zoning Commission by gift of otherwise.
The Planning and Zoning Commission and its authorized agents may enter upon any land, public or private, at reasonable times to make examinations or surveys per Utah Code Annotated 10-9a-303, after proper written notice is given to property owner(s) which shall include:
Date and time of entrance and;
Reason for entrance with accompanying ordinance reference.
CHAPTER 3: REGULATORY PROVISIONS
SECTION:
9-3-1: Enforcement
9-3-2: Application And Review
9-3-3: Planning and Zoning Commission Approval
9-3-4: Nuisance And Abatement
9-3-5: Licensing
9-3-6: Fees
9-3-7: Effect On Previous Ordinances And Maps
9-3-8: Minimum Requirements
9-3-9: Conflict
9-3-10: Penalty
9-3-1: ENFORCEMENT:
The building inspector is the officer charged with the enforcement of this title, but from time to time, by resolution or ordinance, the Town Council may delegate the enforcement, in whole or in part, to any other employee of Hanksville without amendment to this title. The building inspector may not waive any provisions of this title. The building inspector shall not issue any permit unless the plans of the proposed erection, construction, reconstruction, alteration and use fully conform to all land use development regulations then in effect.
It shall be the duty of the building inspector to inspect or cause to be inspected all buildings and improvements in the course of construction or repair.
No construction or alteration of any building or structure larger than three-hundred (300) square-feet, or any part thereof, or the change of use of any land or building as provided or as regulated in this title is not allowed, without the appropriate written permit issued by the building inspector.
9-3-2: APPLICATION AND REVIEW:
Requirements: All applications for permits shall be made to the building inspector. All applications for permits, including for single-family dwellings and their accessory buildings, shall be submitted also to the Planning and Zoning Commission for design review to assure conformity with the intent of the Hanksville General Plan and compliance with all applicable ordinances and regulations.
Conditional Use Permits: Design review for buildings and uses covered by conditional use permits shall be incorporated within such conditional use permit and need not be a separate application, provided the requirements of this title are met.
9-3-3: PLANNING AND ZONING COMMISSION APPROVAL:
The Planning and Zoning Commission, or the building inspector when authorized by the Planning and Zoning Commission, shall determine whether proposed architectural and site development plans submitted are consistent with the general objectives of this title, and shall give or withhold approval accordingly. Denial of approval by the building inspector may be appealed to the Planning and Zoning Commission, and denial by the Planning and Zoning Commission may be appealed to the Town Council, as provided for in this title.
9-3-4: NUISANCE AND ABATEMENT:
Any building or structure erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of Hanksville Town ordinances, and any use of land, building or premises established, conducted or maintained contrary to provisions of any Hanksville Town ordinance shall be, and the same hereby is, declared to be unlawful and a public nuisance. The Town attorney shall, upon request of the Town Council, commence action for abatement thereof in a manner provided by law, and restrain or enjoin any person, firm or corporation from erecting, building, maintaining or using the building or structure or property contrary to the provisions of Hanksville Town ordinances. The remedies provided for herein shall be cumulative and not exclusive.
9-3-5: LICENSING:
All departments, officials and public employees of Hanksville which are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this title and shall issue no permit or license for uses, buildings or purposes where the same would be in conflict with the provisions of this title, and any such permit or license, if issued in conflict with the provisions of this title, shall be null and void.
9-3-6: FEES:
Fees may be charged to applicants for building, occupancy and conditional use permits, design review and planned unit development approval, and planning and zoning commission and such other services as are required by this title to be performed by public officers or agencies. Such fees shall be established by the Town Council and be amounts reasonably needed to defray cost to the public.
9-3-7: EFFECT ON PREVIOUS ORDINANCES AND MAPS:
The existing ordinances covering land use and development regulations, in their entirety, and including the maps and standard drawings heretofore adopted and made a part of said ordinances are hereby superseded and amended to read as set forth herein; provided, however, that this title, including its accompanying maps and standard drawings, shall be deemed a continuation of previous ordinances and not a new enactment, insofar as the substance of revisions of previous ordinances are included in this title, whether in the same or in different language; and this title shall be so interpreted upon all questions of construction relating to tenure of officers and boards established by previous ordinances and to questions of conforming or nonconforming dates upon which such uses, buildings or structures became conforming or nonconforming.
9-3-8: MINIMUM REQUIREMENTS:
In interpreting and applying the provisions of this title, the requirements contained herein are declared to be the minimum requirements for the purpose set forth.
9-3-9: CONFLICT:
This title shall not nullify the more restrictive provisions of covenants, agreements, other ordinances or laws, but shall prevail notwithstanding such provisions which are less restrictive.
If any provision of this title or its application to any persons or circumstance is, for any reason, held invalid, the remaining portion and/or portions of this title or the application of the provision to other persons or circumstances shall not be affected.
9-3-10: PENALTY:
Whoever shall violate any of the provisions of this title shall be guilty of a Class C misdemeanor for each and every day such violation shall occur or continue and, upon conviction of any such violation, shall be subject to penalty as provided in section 1-4-1 of this code.
CHAPTER 4: ZONES ESTABLISHED AND RELATED REGULATIONS
SECTION:
9-4-1: Zones Established - Purposes And Location
9-4-2: Official Zone Map Adopted; Amendments
9-4-3: Rules For Locating Zone Boundaries
9-4-4: Applications
9-4-5: State And Federal Property
9-4-6: Property Owned By Other Governmental Units
9-4-7: Vesting Of Rights
9-4-8: Rules For Parcel Or Lot Use
9-4-1: ZONES ESTABLISHED - PURPOSES AND LOCATION:
RESIDENTIAL/MIXED USE (RMU): The RMU Zone permits a complementary mix of residential, and/or commercial uses in a single district. The real property is zoned specifically for mixed uses including residential living or dwellings for individuals or households; it may include standalone low density single-family dwellings to large, high-density, multi-unit, mixed-use properties referring to properties intentionally used for a variety of purposes, residential, retail, or office space. For instance, if you had an apartment complex, single family home and businesses located within the same area, this would be mixed-use. In the RMU Zone, no building or land shall be used, and no building shall be erected which is arranged, intended or designed to be used for other than one or more of the uses listed as ‘Permitted’ detailed in Appendix A below.
RESORT/COMMERCIAL (RC): The Resort portion of this Zone is real property zoned to include hotels, and/or destination resorts. The Commercial portion of this Zone is real estate that is used for business activities. Commercial property usually refers to buildings that house businesses, but can also refer to land used to generate a profit, as well as residential rental properties. The purpose of the RC Zone is to provide land areas which, through their natural location and setting and manmade attributes, attract resort activities. The district shall be located and implemented consistent with the goals, objectives and policies of the Hanksville General Plan. The district should be located in such areas where adequate public services such as roads, sewer, water and drainage are available, and be of such size that a viable resort can be established and maintained. The district should provide for uses normally found in resort areas and encourage the type of development which occurs in a cohesive fashion and which promotes open space and other amenities considered significant for viable resort areas. This district may be located in an urban growth area, a rural community, or rural business area, as designated in the Hanksville General Plan. New development or redevelopment in an RC Zone located in a rural community designation is limited to that which is consistent with the character of the area. ‘Permitted’ uses are detailed in Appendix A below.
AG INDUSTRIAL (AI): The AI Zone is real property zoned for farming in any of its branches, including cultivating of soil; growing and harvesting of any agricultural, horticultural, or floricultural commodity; dairying; raising of livestock, bees, fish, fur-bearing animals, or poultry; turf and track farming; and performing any other livestock or soil related activities. The purpose of the AI Zone is to protect, maintain, promote, and enhance agriculture as a viable, long-term economic sector by accommodating agricultural uses or compatible industrial uses that directly support agricultural and commercial activities within the Town. Industrial property include factory-office multi-use property; factory-warehouse multi-use property; heavy manufacturing buildings; industrial parks; light manufacturing buildings; and research and development parks. In the AI Zone, no building or land shall be used, and no building shall be erected which is arranged, intended or designed to be used for other than one or more of the following uses listed as ‘Permitted’ detailed in Appendix A below.
9-4-2: OFFICIAL ZONE MAP ADOPTED; AMENDMENTS:
The Hanksville Zoning Map (Appendix D) is hereby adopted by this reference and is made part of this title. The Hanksville Zoning Map and the Town's zones may be amended from time to time as determined necessary by the Town Council, following the receipt of a Planning and Zoning Commission recommendation. Further, other zones may be provided as determined necessary by the Town Council, following the receipt of a Planning and Zoning Commission recommendation.
9-4-3: RULES FOR LOCATING ZONE BOUNDARIES:
Where uncertainty exists as to the boundary of any zone, the following rules shall apply:
Where a zone boundary is indicated as being the centerline of a road, street, alley, or following a property line, then unless otherwise definitely indicated by the Hanksville Zoning Map (Appendix D), the centerline of such road, street, alley or property line, shall be construed as the boundary of the zone.
Whenever a zone boundary is indicated as being the centerline of any river, irrigation canal, or other waterway, the boundary line of such public land or such section line shall be deemed to be the boundary of such zone.
When a zone boundary cannot be determined by the application of the above rules, the location may be determined by the use of the scale appearing on the Hanksville Zoning Map (Appendix D).
Where the application of the above rules does not clarify a zone boundary, the Town Council shall interpret the map following a recommendation by the Planning and Zoning Commission.
9-4-4: APPLICATIONS:
Applications accepted as complete for any approval, license, or permit required by this title shall be processed, reviewed, and approved or denied, subject to the provisions of this title and other ordinances and resolutions of the Town, as applicable, in effect at the time the application is determined "complete."
No building or structure shall be erected, and no existing building or structure shall be moved, altered or enlarged, nor shall any land, building or premises be used, designed or intended to be used for any use, activity, purpose other than as allowed by this title.
9-4-5: STATE AND FEDERAL PROPERTY:
Unless provided by law nothing in this title shall be construed as having any authority over properties owned by the State of Utah or the United States.
9-4-6: PROPERTY OWNED BY OTHER GOVERNMENTAL UNITS:
Each county, municipality, school district, charter school, special district, and political subdivision of Utah shall comply with the provisions of this title unless law specifically provides otherwise.
9-4-7: VESTING OF RIGHTS:
On the date of a determination of a complete application, any land use application shall vest to the terms of this title and the Act in effect on that date, unless such vesting is affected by a pending amendment to this title, or a temporary zoning regulation.
It is the intent of this title that no vested right shall be conferred pursuant to an application for development approval except for the following:
An application for building permit as provided by applicable law.
An application for final site plan or final subdivision plat as provided by applicable law.
A building permit shall be considered void after one hundred eighty (180) days if construction has not commenced.
All other development permits shall be considered void after one year unless substantial construction or development has taken place or has continued in good faith without interruption. One six (6) month extension of a development permit may be granted by the Town Council upon a finding that special circumstances exist which warrant such an extension, including, but not limited to, a delay caused by a government review agency or a natural disaster.
9-4-8: RULES FOR PARCEL OR LOT USE:
Lot Area: The minimum lot area in acres required for any building shall be one-quarter acre or ten thousand eight hundred ninety square feet (10,890 sq. ft.).
Lots In Separate Ownership; Reduced Yards: The requirements of this title as to minimum lot area or lot width shall not prevent the use for a single-family dwelling on any lot or parcel of land in the event that the lot or parcel of land was held in separate ownership at the time such parcel became nonconforming as to area or width.
Every Dwelling To Be On A Lot: Every dwelling shall be located and maintained on a lot, as defined herein.
Sale Or Lease Of Required Space: No space needed to meet the area or other requirements of this title for minimum lot or building requirements may be sold or leased away from such lot or building.
Creation Of Lots Below Minimum Space Requirements: No parcel of land which has less than the minimum area requirement for the zone in which it is located may be separated from a larger parcel of land for the purpose, whether immediate or future, of building or development as a lot.
CHAPTER 5: ACCESSORY DWELLING UNITS AND INTERNAL ACCESSORY DWELLING UNITS
SECTION:
9-5-1: Purpose
9-5-2: Definitions
9-5-3: ADU Standards
9-5-4: Prohibited locations of ADUs
9-5-5: ADU Permit
9-5-6: Noncompliance
9-5-7: Saving Clause
9-5-1: PURPOSE:
This chapter provides a process to allow affordable housing within Hanksville through ADU’s within single-family detached dwellings or in separate detached structures. The standard in this chapter includes reasonable limitations to minimize impact on neighboring properties.
9-5-2: DEFINITIONS:
ACCESSORY DWELLING UNIT: An accessory dwelling unit (“ADU”) per Utah Code Annotated 17-27a-526 is an independent habitable living unit, with a kitchen, bath facilities, and its own entryway, which is:
Within or attached to an owner-occupied single-family residential dwelling (an internal accessory dwelling unit, or “IADU”), or
Within a separate detached accessory structure, or above a detached garage, on a single-family lot. This does not include motor homes, fifth wheels, travel trailers, campers, or other housing units on wheels.
9-5-3: ADU STANDARDS:
Proposed ADUs must be in compliance with the following criteria to ensure that health and safety considerations are addressed and that the residential characteristics of neighborhoods are preserved. ADUs are to be clearly incidental and secondary to the primary residential use of the property. The approval criteria include:
Number of ADUs: A maximum of two (2) ADUs is allowed on a residential lot, whether it is in an owner-occupied single-family dwelling, or in a detached accessory structure associated with a single-family dwelling.
Occupancy and Owner Occupation: The owner(s) of the residence shall live in the dwelling in which the ADU was created (either in primary unit or in the ADU), except for bona fide temporary absences. The occupants of the ADU shall not sublease a portion of the unit to other individuals. The following are not considered ADU uses and do not fall under the regulation of this chapter: occupation by a live-in maid, in-home nurse, nanny or any other person or persons who are provided a place to live as part of their employment with, or services they provide to, the owner/resident of the dwelling; or while a family member is called up for military service, etc. and any occupation by individuals related by blood or marriage.
Code Compliance: The ADU shall conform to all applicable standards in the International Fire Code and International Residential Code. All ADUs shall comply with all applicable building, electrical, mechanical, plumbing, and fire safety code requirements at the time the residence is turned into an ADU and grandfathering status shall not be recognized when this new use changes.
Location and Type: ADUs may be allowed within or attached to the main single-family residential dwelling (basement or addition), over the garage (attached or detached), or in a detached accessory structure (cottage home, casita, guest house).
ADU - BASEMENT: An ADU in a basement must have a separate exterior entrance preferably located on either the side or the rear of the building.
ADU- ATTACHED: An ADU attached to the primary dwelling as an addition shall meet all minimum setback standards required of the primary dwelling. Attached ADUs must have a separate entrance preferably located on the side or in the rear of the building.
ADU - DETACHED:
Maximum Height. Maximum height of ADUs located above a garage is twenty-eight feet (28 ft.). Standalone units may not exceed the height of the primary dwelling.
Size. The living space of a detached ADU must be a minimum of three hundred square feet (300 sq. ft.) and no larger than fifty percent (50%) of the interior square footage of the main dwelling, excluding the garage, or eight hundred square feet (800 sq. ft.), whichever is greater. Detached ADUs may not have more than two bedrooms and must be permanently connected to utilities, attached to a site built permanent foundation which complies with building code, and must comply with all other applicable standards of this chapter. A building permit and inspections are required for construction of the foundation and installation of the structure and connection to utilities.
Setback. Detached ADUs must meet the same front, side, and rear yard setbacks as the primary dwelling and be located at least six feet (6 ft.) from the primary dwelling.
Street Frontage. The lot must have a minimum street frontage of seventy feet (70 ft.) to receive approval for a detached ADU. A smaller-frontage lot may be approved if, at the discretion of the approval authority, the lot configuration is unique and/or the primary dwelling unit is unique in size or location on the lot, and the impacts to neighbors and the street are substantially similar to those on a seventy foot (70 ft.) wide lot.
Utilities: Detached ADUs may have, but not required, separate water/sewer connections from the primary residence but the ADUs connections may be combined. All water/sewer shall remain in the property owner's name and the property owner shall be responsible for payment of all water/sewer bills. In the event that a long term rental agreement is in effect between the landowner and ADU tenant, utilities may be put in the tenant’s name by completing a Nonowner Applicant; Agreement Of Owner application with the Town Clerk.
Parking: Occupants may not park on the street along the frontage of a neighboring property.
Address: The principal dwelling and the ADU shall have the same address number but shall refer to the ADU as unit “B” and “C”. The address must be located in a visible location on the street frontage side of the home.
Long-Term Rental Allowed:ADUs may be rented for a period of thirty (30) or more consecutive days.
Short-Term Rental Allowed: Only one (1) of two (2) ADUs may be rented for a period of less than thirty (30) consecutive days and shall comply with Chapter 3-1-6 Short-Term Rental business license above.
Exceptions provided in this Code, no building, land, or use shall be constructed, moved, reconstructed, extended, enlarged, altered, or expanded, which is arranged, intended, or designed to be used for an IADU, except in conformity with the regulations herein listed for the zoning district in which the permitted use is listed.
All ADUs hereafter created in Hanksville shall comply with the current building standards of the International Residential Code as adopted by Hanksville or the State of Utah, and all other codes and ordinances adopted by Hanksville or the State of Utah.
All proposed ADUs must be reviewed and approved, if applicable, for septic feasibility by the Central Utah Health Department. No ADU shall be allowed if the lot containing the primary dwelling is served by a failing septic tank.
All ADUs shall be maintained in good condition.
The applicant for an ADU must be the current owner-occupant of the property, and it must be their primary residence.
9-5-4: PROHIBITED LOCATIONS OF ADUs:
The following locations are prohibited from the use of ADUs:
A property that does not lie within a Residential Mixed Use (RMU) or Ag Industrial (AI) Zone.
A property that does not comply with the requirements of this code in order to obtain an ADU designation on their property, including failing to obtain a permit or license for renting the ADU.
Any portion of a mobile home.
A single-family dwelling that is not detached or owner occupied as the owner’s primary residence.
A property with a failing septic tank or system.
A lot containing less than six thousand square feet (6,000 sq. ft.).
9-5-5: ADU PERMIT:
Any person owning an existing ADU that has not been permitted by the Town, or any person construction or causing construction of a residence that has an ADU, or any person remodeling or causing the remodeling of a residence for an ADU, shall obtain an ADU permit from the Hanksville Planning and Zoning Commission. This shall be in addition to any required building permit for the work to be performed. The application shall obtain all necessary building permits and pay all applicable fees prior to constructing the ADU. ADUs constructed without an approved ADU permit shall be considered illegal until a permit is submitted to and approved by the Town.
Applications: Applicants for an ADU shall submit a complete application and the supporting materials listed in this section to the Planning and Zoning Commission.
Owner Signature: The owner shall sign the application, agreeing to occupy the dwelling (either the primary unit or the ADU), except for bona fide temporary absences, and agreeing to comply with the standards in this chapter.
Site Plan: A site plan shall be provided that shows property lines, dimensions, the location of existing building and building entrances, proposed buildings or additions, dimensions from building to property lines, the location of required off-street parking, and utility meter.
Floor Plan: A detailed floor plan, to scale, showing the floor in which the ADU will be located, including labels on rooms indicating uses or proposed uses, shall be provided.
Evidence of Building Permit: Evidence shall be provided that a building permit was obtained for the building and/or area containing the ADU.
Fee: The processing fee required by the current Hanksville Fee Schedule approved by the Town Council shall be paid in full.
Planning and Zoning Commission Approval: The Planning and Zoning Commission shall approve an ADU application if it is in complete compliance with all the approval criteria standard identified in this chapter. As part of the Commission’s review, inspections may be required by the Building, and/or Fire Departments.
Exceptions to Standards: ADU applications that deviate from the approval criteria may be considered by the Planning and Zoning Commission in a public meeting. After conducting a public meeting the commission will submit the application along with recommendations for approval, conditions, or denial to the Town Council to review and make final decision during a public meeting. Applicants requesting exceptions are not guaranteed approval and must provide evidence that the exceptions will not create negative impacts on neighboring properties. Conditions must be connected to the exceptions being requested, and may include increased setbacks, limitations on windows and doors adjacent to abutting property line, privacy fencing, and additional parking.
Transfer of Ownership: Upon sale of the home or transfer of ownership, ADU permits shall remain valid so long as the ADU is in compliance with the Town’s ordinances and conditions of approval.
9-5-6: NONCOMPLIANCE:
Failure to comply with the requirement for ADUs set forth in this chapter may result in Hanksville holding a lien against the property in accordance with applicable state codes in an amount based upon fee schedule set by town resolution, along with any other legal or equitable remedies available to a municipality while the property is in violation. If a lien is placed on the property it shall be removed after the violations have been resolved.
9-5-7: SAVING CLAUSE:
If any provision(s) of this ordinance shall be held or deemed to be invalid, inoperable, or unenforceable for any reason, such shall not have the effect of rendering any other provision(s) invalid, inoperable, or unenforceable to any extent. The remainder of the provisions herein shall be deemed to be separate, independent, and severable acts of Hanksville.
CHAPTER 6: PERMITTED USES AND MINIMUM DEVELOPMENT STANDARDS
SECTION:
9-6-1: Permitted And Prohibited Uses
9-6-2: Minimum Development Standards
9-6-3: Hazardous Materials And Processes
9-6-1: PERMITTED AND PROHIBITED USES:
A. All uses permitted by this title, either as a permitted use or conditional use, by zone or overlay designation, and as defined, are identified in Appendix A - Table of Uses. Uses listed in the Table of Uses are defined in Appendix B - Definitions, which should be used in conjunction with Appendix A - Table of Uses.
B. Any use not specifically permitted for in Appendix A - Table of Uses is hereby declared a prohibited use within the Town of Hanksville.
9-6-2: MINIMUM DEVELOPMENT STANDARDS:
A. The minimum development standards, applicable to each zone and overlay are provided by Appendix C - Tables of Minimum Development Standards.
B. No development shall be approved by the Town unless there are available and adequate public facilities and services consistent with the Town's adopted level of service standards, except as otherwise permitted in this title. Prior to the issuance of any development permit, the applicant shall demonstrate that all necessary public facilities and services are or will be available and adequate.
9-6-3: HAZARDOUS MATERIALS AND PROCESSES:
Uses that routinely use hazardous materials or routinely use processes that generate dust, smoke, noxious odors, or noise must comply with all applicable Utah State Codes regarding the use of hazardous materials or processes. If the hazardous materials or processes cause a nuisance for nearby properties, the Planning and Zoning Commission may require an abatement plan to be submitted by the business for review and approval by the Commission if approved abatement plan is not followed by the business, the Town Council may suspend the business's license until the business comes into compliance with the abatement plan. In the event Hanksville undertakes clean up or abatement of the effects of hazardous materials, the business license holder will reimburse all costs to Hanksville and/or other entities involved in the mitigation.
CHAPTER 7: NONCONFORMING BUILDINGS AND USES
SECTION:
9-7-1: Maintenance Permitted
9-7-2: Repairs And Alterations
9-7-3: Additions, Enlargements And Moving
9-7-4: Restoration Of Damaged Buildings
9-7-5: One Year Vacancy
9-7-6: Continuation Of Use
9-7-7: Occupation Within One Year
9-7-8: Change Of Use
9-7-9: Expansion Of Use Permitted
9-7-10: Nonconforming Use Of Land
9-7-1: MAINTENANCE PERMITTED:
A nonconforming building or structure may be maintained.
9-7-2: REPAIRS AND ALTERATIONS:
Repairs and structural alterations may be made to a nonconforming building or to a building housing a nonconforming use with a valid building permit.
9-7-3: ADDITIONS, ENLARGEMENTS AND MOVING:
A building or structure occupied by a nonconforming use and a building or structure nonconforming as to height, area or yard regulations shall not be added to or enlarged in any manner or moved to another location on the lot except as provided herein.
A building or structure occupied by a nonconforming use or a building or a structure nonconforming as to height, area or yard regulations may be added to or enlarged or moved to a new location on the lot upon variance authorized by the board of adjustment, which may issue; provided, that the board of adjustment after hearing, shall find:
The addition to, enlargement of, or moving of the building will be in harmony with the purposes of and shall be in keeping with the intent of this title.
The proposed change does not impose any unreasonable burden upon the lands located in the vicinity of the nonconforming use or structure.
9-7-4: RESTORATION OF DAMAGED BUILDINGS:
A nonconforming building or structure or a building or structure occupied by a nonconforming use which is damaged or destroyed by fire, flood, wind, earthquake or other calamity or act of God, or the public enemy, may be restored and the occupancy or use of such building or structure, or part thereof, which existed at the time of such damage or destruction
may be continued or resumed; provided, that such restoration is started within a period of one year and is diligently pursued to completion.
9-7-5: ONE YEAR VACANCY:
A building or structure, or portion thereof, occupied by a nonconforming use, which is, or hereafter becomes, vacant and remains unoccupied by a nonconforming use for a continuous period of one year, shall not thereafter be occupied except by a use which conforms to the use regulations of the zone in which it is located.
9-7-6: CONTINUATION OF USE:
The occupancy of a building or structure by a nonconforming use, existing at the time the ordinance codified herein becomes effective, may be continued.
9-7-7: OCCUPATION WITHIN ONE YEAR:
A vacant building or structure may be occupied by a use for which the building or structure was designed or intended if so occupied within a period of one year after the use became a nonconforming use.
9-7-8: CHANGE OF USE:
The nonconforming use of a building or structure may not be changed except to a conforming use; but where such change is made, the use shall not thereafter be changed back to a nonconforming use.
9-7-9: EXPANSION OF USE PERMITTED:
A nonconforming use may be extended to include the entire floor area of the existing building in which it is conducted at the time the use became nonconforming.
9-7-10: NONCONFORMING USE OF LAND:
The nonconforming use of land may be added to, enlarged or moved to a new location on the lot upon which the use is established; provided, that the Town Council, after notification of all property owners within one thousand feet (1,000 ft.) of the boundary of the lot where the use is established, find that such change shall be in harmony and keeping with the purpose of this title, that it does not impose undue or unreasonable burden on adjoining land or use, and that the use is compatible with the general environment of the neighborhood. Application for change of a nonconforming use shall be made directly to the Town Council, however, such application may be referred to the Planning and Zoning Commission for a recommendation from that body if so directed by the Town Council. All costs for notification of adjoining property owners, public hearing and administrative functions shall be borne by the applicant.
A nonconforming use of land, or any portion thereof, which is abandoned or changed for a period of one year or more, shall cease to have continuing status and any future use of such land as was occupied by a nonconforming use shall be consistent with the provisions of this title.
CHAPTER 8: CONDITIONAL USES
SECTION:
9-8-1: Purpose
9-8-2: Permit Required
9-8-3: Application For Permit
9-8-4: Public Hearing
9-8-5: Determination
9-8-6: Building Permit
9-8-7: Time Limit
9-8-8: Revocation Of Permit
9-8-9: Appeal
9-8-1: PURPOSE:
Certain uses which may be harmonious under special conditions and in specific locations within a district, but may be improper under general conditions and in other locations are classed as conditional uses within the various districts and require conditional use permits. Conditional uses are those uses which are generally compatible with the permitted uses in a zoning district, but which, because of their size, scale, intensity of use, traffic generation, or other characteristics, require individual review of their location, design and configuration and the imposition of conditions in order to ensure the appropriateness of the use at a particular location within a given zoning district. When making decisions on conditional use permit applications submitted to it, the Planning and Zoning Commission may consider all reasonable standards applicable to the building, structure, or use, which mitigate the anticipated detrimental effects of the proposed use, building, or structure. These conditions may include, but are not limited to, the following:
The size, configuration, and location of the site, and proposed site plan layout;
The proposed site ingress and egress to existing and proposed roads and streets;
The provision of public facilities and amenities, including, but not limited to, roads and streets, water, sewer, storm drainage, public safety, fire protection, and other utilities;
The location and amount of off-street parking and loading areas;
The site's circulation pattern for vehicular and pedestrian traffic;
The building's size, location, design;
The design of all site features, including proposed signage, lighting, and refuse collection;
The provision of usable open space, public features, and amenities;
The provision of public access;
The measures directed at minimizing or eliminating possible nuisance and safety factors, including, but not limited to, noise, vibrations, smoke, dust, dirt, odors, gasses, noxious matter, heat, glare, electromagnetic disturbances, and radiation;
The measures designed to protect the natural features of the site, drainage ways, protection of views, grade changes, iconic structures or vegetation, and other natural site features;
The regulation of operating hours for all possible activities;
The identification of a period for regular review and monitoring to ensure the use continues to operate in compliance with all conditions, and requirements of its approval; and
Such other conditions deemed reasonable by the Planning and Zoning Commission to allow the operation of the use in compliance with the requirements of this land ordinance and consistency with the Hanksville General Plan.
9-8-2: PERMIT REQUIRED:
A conditional use permit shall be required for all uses listed as conditional uses in the district regulations or elsewhere in this title.
9-8-3: APPLICATION FOR PERMIT:
A conditional use permit application shall be made to the Planning and Zoning Commission as provided in this title. Applications for a conditional use permit shall be accompanied by maps, drawings, statements or other documents as required by the Planning and Zoning Commission.
9-8-4: PUBLIC HEARING:
A conditional use permit may be approved by the Planning and Zoning Commission without a public hearing, except mandated as indicated by section 9-4-4, "Use Regulations", of this title. However, the Planning and Zoning Commission may require a public hearing where any conditional use is judged to be of a controversial nature or where the best interests of the neighborhood or community are served by broader public exposure to the proposed use.
9-8-5: DETERMINATION:
The Planning and Zoning Commission may permit a conditional use to be located within any district in which the particular conditional use is permitted by the use regulations of this title. In authorizing any conditional use, the Planning and Zoning Commission shall impose such requirements and conditions as are necessary for the protection of adjacent properties and the public welfare. The Planning and Zoning Commission shall not authorize a conditional use permit unless evidence presented is such to establish:
Such use will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity, and that the proposed use of the particular location is necessary or desirable and that provides a service or facility which will contribute to the general well being of the neighborhood and the Town.
The proposed use will comply with regulations and conditions specified in this title for such use.
The Planning and Zoning Commission shall itemize, describe or justify, then have recorded and filed in writing, the conditions imposed on the use.
9-8-6: BUILDING PERMIT:
Following the issuance of a conditional use permit, the building inspector may approve an application for a building permit, provided the development is undertaken and completed in compliance with said conditional use and building regulation.
9-8-7: TIME LIMIT:
A conditional use permit for temporary uses may be issued for a maximum period of six (6) months, with renewals at the discretion of the Planning and Zoning Commission for not more than three (3) successive periods thereafter.
Unless there is substantial action under a conditional use permit within a maximum period of one year of its issuance, the permit shall expire. The Planning and Zoning Commission may grant a maximum extension for six (6) months.
9-8-8: REVOCATION OF PERMIT:
The Planning and Zoning Commission shall revoke a conditional use permit if there is a substantial violation of the conditions placed on the permit. The Commission shall give notice to the permit holder prior to revocation and the right to a hearing before the Planning and Zoning Commission.
9-8-9: APPEAL:
Any person shall have the right to appeal the decision of the Planning and Zoning Commission to the Town Council.
CHAPTER 9: VARIANCES
SECTION:
9-9-1: General Provisions
9-9-2: Standards
9-9-3: Unreasonable Hardship
9-9-4: Self-Imposed Hardship Or Economic Hardship
9-9-5: Special Circumstances
9-9-6: Burden Of Proof
9-9-7: Conditions Running With Land
9-9-8: Use Variances Prohibited
9-9-9: Additional Requirements
9-9-10: Notice To Council
9-9-11: Appeals
9-9-12: Lapse And Renewal Of Variance
9-9-13: Revocation
9-9-14: One Year Bar On Refiling
9-9-15: Variance Related To Plans Submitted
9-9-16: Request For Reconsideration
9-9-1: GENERAL PROVISIONS:
Any person or entity desiring a waiver or modification of the requirements of Hanksville land use ordinances as applied to a parcel of property that such person owns, leases or in which such person holds some other beneficial interest, may apply to the Hanksville Planning and Zoning Commission authority for a variance from the terms of such ordinances. An application for variance shall be filed with the Town Clerk. The variance application shall contain the following information:
A description of the requested variance, together with a designation of the ordinance provision from which relief is being requested;
The manner in which the variance will be applied and its effect upon adjacent properties;
A site plan and all other plans necessary to show the manner in which the requested variance will be applied, drawn to scale; and
The appropriate filing fee as established by resolution of the Town Council.
No application for a variance from this title may be set for public hearing unless the Planning and Zoning Commission has reviewed the application and determined the application to be appropriate, complete and complies with the provisions of this section. If the Planning and Zoning Commission determines that an application does not comply with the provisions of this section, the incomplete application will be returned to the applicant and a written explanation for the rejection provided.
Upon receipt of an application for variance by the Planning and Zoning Commission, a public hearing shall be scheduled, which shall be noticed in accordance with Utah Code. At the public hearing, the Planning and Zoning Commission may grant, grant with conditions, deny said variance, or continue consideration at a later date. If consideration of the variance is adjourned within thirty-five (35) days following the closing of the public hearing on an application for variance, the Planning and Zoning Commission shall act on the application at an open and public meeting held in conformance with Utah Code Annotated 52-4-2.
9-9-2: STANDARDS:
The Planning and Zoning Commission may grant a variance only if:
Literal enforcement of the provisions of this title would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of the Hanksville General Plan or land use ordinances;
There are special circumstances attached to the property that do not generally apply to other properties in the same district;
Granting the variance is essential to the enjoyment of a substantial property right possessed by other properties in the same district;
The variance will not substantially affect the Hanksville General Plan and will not be contrary to the public interest; and
The spirit of the land use ordinance is observed and substantial justice is done.
9-9-3: UNREASONABLE HARDSHIP:
In determining whether or not enforcement of this title would cause unreasonable hardship under subsection 9-9-2A of this chapter, the Planning and Zoning Commission may not find an unreasonable hardship unless the alleged hardship:
Is located on or associated with the property for which the variance is sought; and
Comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood.
9-9-4: SELF-IMPOSED HARDSHIP OR ECONOMIC HARDSHIP:
In determining whether or not enforcement of this title would cause unreasonable hardship under subsection 9-9-2A of this chapter, the Planning and Zoning Commission may not find an unreasonable hardship if the hardship is self-imposed or economic.
9-9-5: SPECIAL CIRCUMSTANCES:
In determining whether or not there are special circumstances attached to the property under subsection 9-9-2B of this chapter, the Planning and Zoning Commission may find that special circumstances exist only if the special circumstances:
Relate to the hardship complained of; and
Deprive the property of privileges granted to other properties in the same district.
9-9-6: BURDEN OF PROOF:
The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met.
9-9-7: CONDITIONS RUNNING WITH LAND:
Variances are conditions that run with the land.
9-9-8: USE VARIANCES PROHIBITED:
The Planning and Zoning Commission shall not grant use variances which allow a use in a zoning district which is not a permitted use for that district.
9-9-9: ADDITIONAL REQUIREMENTS:
In granting a variance, the Planning and Zoning Commission may impose additional requirements on the applicant that will:
Mitigate any harmful effects of the variance; or
Serve the purpose of the standard or requirement that is waived or modified.
9-9-10: NOTICE TO COUNCIL:
When the Planning and Zoning Commission has made its determination on the appeal, a report of acceptance or denial shall be sent to the Town Council.
9-9-11: APPEALS:
Any person adversely affected by a final decision of the appeal authority on an application for variance may file a petition for review of the decision with the district court within thirty (30) days of the Planning and Zoning Commission’s final decision. The right to file a petition for review is lost if the petition is not filed within thirty (30) days of the Planning and Zoning Commission's final decision.
9-9-12: LAPSE AND RENEWAL OF VARIANCE:
A variance shall lapse and shall become void one year following the date on which the variance became effective unless prior to the expiration of the one year period:
A building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the variance application; or
A permit is issued authorizing the subject of the variance application; or
The site is occupied if no building permit or certificate of occupancy is required; or
The variance is renewed as provided in subsection B of this section.
A variance may be renewed for one additional period of no more than one year in length; provided that at least sixty (60) days prior to the expiration of one year from the date when the variance became effective, an application for renewal of the variance is filed with the Town Clerk. The applicant shall clearly demonstrate that:
In spite of the good faith efforts of the applicant, circumstances beyond the applicant's control have prevented the timely pursuit of the project and completion of the necessary requirements within the original time frame; or
The applicant has completed substantial property improvements; incurred substantial nonrecoverable monetary expenditures or commitments; or has completed supporting project related improvements or retained the services for preparation of supporting data in reliance upon the approval of the request.
In either instance, the applicant is, in good faith, continuing to diligently pursue implementation of the proposal to the degree authorized by the Town.
9-9-13: REVOCATION:
A variance granted by the Planning and Zoning Commission and subject to conditions may be modified or revoked, after notice and hearing, if the appeal authority finds one or more of the following:
That the variance was obtained by misrepresentation or fraud; or
That the conditions imposed upon said variance have not been complied with.
9-9-14: ONE YEAR BAR ON REFILING:
Following the denial or revocation of a variance application, no application for the same or essentially the same variance on the same lot, parcel or site shall be filed within one year of the date of denial or revocation of the variance.
9-9-15: VARIANCE RELATED TO PLANS SUBMITTED:
Unless otherwise specified at the time a variance is granted, it shall apply only to the plans and drawings, or any insubstantial modifications thereto, submitted as part of the application.
9-9-16: REQUEST FOR RECONSIDERATION:
The Planning and Zoning Commission may reconsider a decision on a variance upon request by an aggrieved party. Requests for reconsideration are not subject to the one year ban on refiling in section 9-9-14 of this chapter. Any reconsideration of a variance decision will be heard and reviewed through the same process as the original variance application. The Planning and Zoning Commission is not obligated to reverse or change a decision based on reconsideration. The request for reconsideration will be evaluated according to the standards in section 9-9-2 of this chapter. The person making the request for reconsideration must pay a variance application fee when the reconsideration hearing is scheduled. Requests to reconsider a variance decision may only be granted when all of the following criteria have been met:
New, supplemental, additional or clarified information or evidence is available that was not presented at the variance hearing and such information or evidence will significantly impact a finding of fact the Planning and Zoning Commission relied upon when making the decision.
The request for reconsideration is made within thirty (30) days from the date the Planning and Zoning Commission issues a written decision.