Procedure for Land Use & Development Applications

Transcription

1 rocedure for Land Use & Development Applications roduced by the Community Development Department Grand County, Utah April 2017 For contact information, please see back of pamphlet. To access the Grand County Land Use Code, visit:

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3 Introduction Section 9, Administration and rocedures, of the Grand County Land Use Code (LUC), sets forth the administrative and legislative procedures for processing land use applications in the unincorporated ares of Grand County. roperties within the City of Moab and Castle Valley boundaries must be developed to the land use standards of their respective jurisdiction. All three jurisdictions are currently served by the Grand County Building Official. If you don t know which jurisdiction your property falls within, please check with the Grand County Recorder s Office at Land use applications are available under the Land Development tab of the County s Community Development website. Each application provides a check list of the needed items for review by staff. Development review is an essential responsibility for local governments and public service providers. Multiple officials participate in the review process. The fire department, road department, engineering, Federal Emergency Management Agency (FEMA) administrator, building department, and water and sewer service agency all review applications and provide input and approval. Our office will assist applicants through the entire process. We note that clear and timely communication is very beneficial to all parties. In our experience, applicants who educate themselves on the land use development process receive approvals quicker than those who learn on the fly. Moreover, applications submitted as complete packages with all necessary materials and agency approvals are approved significantly faster than those submitted in parts and pieces. Our office strives to be as efficient as possible. We recognize that land use review is an essential responsibility, but that time also equals money for developers. 3

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5 Contents Common Application Questions Definitions rincipal Uses by Zoning District Common Application rocedures Minimum Submission Requirements for All Applications Specific Land Use Application Requirements Rezone Subdivisions - Sketch lan - reliminary lat - Final lat - Replats, Amended lats, or Exemption lats - Minor Record Survey Sign ermits Lot Line Adjustment Site lan Review Conditional Use ermit lanned Unit Development Overlay Variances and Appeals Residential Unit Used for Overnight Accommodations Bed and Breakfast Agency Contact Information Common Application Questions I want to build a house or other small development, what do I need to do? Consult the rincipal Uses chart (p. 7) to see if the use is allowed in the zone district, and talk to the Grand County Building Official for building permit requirements. Can I rent my home out? First, check the rincipal Uses chart to see if overnight accommodations are allowed in the property s zone (p. 9). If you want to rent out a space in your home, you will need to fill out a Bed and Breakfast application and acquire a business license. Details about renting out residential units for overnight accommodations and bed and breakfasts can be found on pages How do I split my property? If you are dividing your property into three or fewer lots, you can apply for a minor record survey (p. 16). For larger subdivisions or divisions that will need additional infrastructure, see the Sketch lan section on page 13. You can download the Minor Record Survey and Sketch lan Review applications on the Grand County website s Land Development tab. 5

6 Definitions Accessory Dwelling Unit (ADU) An accessory dwelling unit (ADU), also known as a mother-in-law unit or granny flat, is allowed be allowed as an accessory use to an otherwise allowed single-family dwelling unit that is the principal use on a lot or parcel of at least 5,000 square feet. Accessory dwelling units shall be a maximum of 1000 square feet of gross floor area. One off street parking space shall be provided for each bedroom in the accessory dwelling in addition to otherwise required parking. ADUs shall not be condominiumized or sold separately, and shall not be rented to guests for periods of less than 30 consecutive days. Administrative Act Action taken by the lanning Commission, County Council, or staff interpreting or implementing laws or policies created by the federal, state, or local legislative body; an administrative decision must satisfy the requirements prescribed under state law or the County Land Use Code, whichever is stricter. Legislative Act Action taken by the County Council to create law or policy; amending ordinances, adopting general plan, Annexations, zoning and rezoning; a reasonable debatable action that could promote the general welfare of the community. Financial Guarantee Agreement (Bonds or Escrow) & Subdivision Improvements Agreement The subdivider shall provide for costs of materials, installation, and maintenance of all required improvements in accordance with the most current Grand Construction Standards. A Subdivision Improvements Agreement (SIA) and financial guarantee for construction of any required improvements designated on the approved final plat or construction plans in accordance with the requirements of the Land Use Code, Section 9.5. A. and B. No expiration of a financial guarantee shall be permitted until Council approves and accepts the public improvements. Financial guarantee shall be in an amount of 125 percent of the estimated cost (100 percent of cost plus 25 percent contingency) of all improvements required and deposited with the Clerk. Release procedure of collateral is as defined in Section B. C. Release rocedure of the Land Use Code. ublic Hearing A hearing at which members of the public are provided a reasonable opportunity to comment on the subject of the hearing ublic Meeting A meeting required to be open to the public pursuant to the requirements of Title 52, Chapter 4, Open and ublic Meetings; the public may or may not be invited to participate. Residential Units for Overnight Accommodations Residential units used for overnight accommodations shall comply with the following requirements: The residential unit must exist within the Highway Commercial (HC) or Overnight Accommodations Overlay (OAO) zone district. An individual business license shall be required for each dwelling unit rented for time periods of less than 30 days. Such units shall be managed by Utah-licensed property management agents or companies with a local, Grand County representative, and shall collect and pay all applicable taxes, including but not limited to the TRT tax. Additional off-street parking may be required as necessary to mitigate impacts on adjacent land uses and neighborhoods. roperties used for overnight accommodation shall have direct access to an arterial or collector street. Current contact information for property owners or management agencies or companies 6 shall be posted in an accessible location outside such units or project.

7 rincipal Uses by Zoning District Section 3.1 All of the use categories listed in the following use table summary are defined and described in Sec The following paragraphs serve as a key to the summary table and indicate how each specific use is treated. (See Sec. 2.1 for explanation of Zoning District abbreviations.) - ermitted by Right C - Conditional Use ermit Required Blank Cell - Uses Not Allowed Uses Not Listed - The lanning and Zoning Administrator shall use the criteria in Section to determine how an unlisted use should be treated. rincipal Uses by Zoning District Residential Commercial Use Category Specific Use SLR LLR RR MFR RG NC GB RC RS HC LI HI Use-Specific Standards Residential Uses (Section 3.4.7) Dwelling, singlefamily Zero lot line house 3.2.1K Alley-loaded house A Dwelling, two-family (duplex) 3.2.1D Townhouse 3.2.1A Household Living Dwelling, multifamily 3.2.1C Manufactured home 3.2.1H Manufactured home community Upper-story residential All other household living uses C C 3.2.1I 3.2.1J Group Living Group home 3.2.1E All other group living C C C C C 3.2.1F ublic and Civic Uses (Section 3.4.8) Community Service All community service C Day Care Educational Facilities Day care, general C C C C 3.2.2B Day care, limited 3.2.2C College or university C C C All other educational facilities 7

8 rincipal Uses by Zoning District Residential Commercial Use Category Specific Use SLR LLR RR MFR RG NC GB RC RS HC LI HI Use-Specific Standards Detention center Government Facilities County or state shop/ storage yard Recycling Center C C C All other government facilities Institutions All institutions C Medical Facilities Hospital or clinic C C C 3.2.2D All other medical facilities C C C 3.2.2D Golf course/country club C C arks and Open Areas Cemeteries, columbaria, crematoria, mausoleums and memorial parks All other park and open area Sec Airport and heliport, private C 3.2.2A assenger Terminals Airport and heliport, public Bus station or terminal Sec. 4.3 All other passenger terminals laces of Worship All uses C C C Telecommunications tower and facility Telecommunications tower and facility on existing tower/structure C C C C C Q Utilities Telecommunications tower and facility in tower campus 3.2.3R Utility substation C C C C C C C C 3.2.3S Transmission facility C C C C C C C C C C C C All other major utilities use All minor utilities use C C C C C C C 8

9 rincipal Uses by Zoning District Residential Commercial Use Category Specific Use SLR LLR RR MFR RG NC GB RC RS HC LI HI Use-Specific Standards Commercial Uses (Section 3.4.9) Eating Establishments Restaurant, fast food 3.2.3N Restaurant, general 3.2.3N Entertainment Adult entertainment C C 3.2.3A Bar or lounge C C 3.2.3C Theater All other indoor recreational use 3.2.3I Flea market C 3.2.3G All other outdoor recreational use C C C C C 3.2.3J All other entertainment Office All uses Bed and breakfast 3.2.3D Dude ranch or destination resort C 3.2.3F Hotel or motel Overnight Accommodations Recreational vehicle parks and campgrounds Residential units used for overnight accommodation All other overnight accommodation uses Outfitter, guide service and facility All personal serviceoriented uses Building materials, sales and yard C C C 3.2.3L 3.2.3M C C C C C 3.2.3K C Retail Sales and Service Greenhouse or nursery, wholesale or retail All other salesoriented uses Repair services, general Repair services, limited All other repairoriented uses Self Storage RV and Boat Storage 3.2.4H 9

10 rincipal Uses by Zoning District Residential Commercial Use Category Specific Use SLR LLR RR MFR RG NC GB RC RS HC LI HI Use-Specific Standards All other self storage uses 3.2.4I Auto repair garage 3.2.3B Car wash 3.2.3G Fuel Service C C 3.2.3H Vehicle Sales and Service Limited vehicle service Vehicle sales, rental or leasing facility All other vehicle sales & service uses Industrial Uses (Section ) Railroad facilities, including shops Asphalt or concrete batch plant C C 3.2.4A Food processing C C C Heavy industrial Manufacturing, hazardous/ objectionable ower plant Woodworking and cabinet shops roduction Water Disposal & Recycling Facilities Freight, terminal and parking lot Fuel product storage C C L C C C C C 3.2.4B C 3.2.4B Light industrial Service Impound lot C C C 3.2.4C Manufacturing and production C 3.2.4M Truck stop All other light industrial service uses Warehouse and Freight Movement Warehouse, commercial Stockpiling of sand, gravel, or other aggregate materials C All other uses 10

11 rincipal Uses by Zoning District Residential Commercial Use Category Specific Use SLR LLR RR MFR RG NC GB RC RS HC LI HI Use-Specific Standards Junk yard, salvage or auto salvage yard C 3.2.4J ublic land fill C 3.2.4G Waste Related Services Waste transfer stations Waste storage, treatment and disposal C C 3.2.4L C C 3.2.4L Waste transport C C 3.2.4L All other waste related uses Wholesale Trade & Contractor Services All wholesale trade and Contractor Services C 3.2.4N Other Uses (Section ) Animal raising C 3.2.5A Kennel C C C 3.2.3O Animal feed lot Barn, corral, pen, coop or machinery shed C C 3.2.5B Agriculture Farm, orchard, vineyard or truck garden Feed mill Fruit and vegetable stand C Grazing Winery C C C All other agricultural uses Mining C 3.2.4D Resource Extraction Oil and gas drilling on private land Oil and gas drilling on public land Ore refining or processing C C 3.2.4E 3.2.4E C 3.2.4F All other resource extraction uses C C 11

12 Common Application rocedure Section 9.1 re-application Conference Application Submittal Forms & Fees Completeness Review ublic Notice ublic Meetings or Hearings Decision Appeal Subdivisions and conditional uses require a mandatory pre-application conference with the lanning and Zoning Administrator to discuss procedure, standards, and regulations. A pre-application conference with the lanning and Zoning Administrator is optional but recommended for all other applications. The lanning and Zoning Administrator shall determine if applications are complete, and then review all materials for compliance with County ordinances. Applications shall not be accepted as complete or reviewed until the applicant provides all required information for the appropriate approval procedure. A letter of completion will be sent to applicants when it is determined their applications are complete. If an application is deemed to be incomplete, a letter of incompletion will be sent to an applicant identifying outstanding items needed for completion. Minimum Submission Requirements for All Applications Land Use Application each procedure has a specific application and standards roperty owner endorsement Utility and ublic Agency approval* GWSSA Moab Valley Fire Grand County Roads FEMA Compliance Officer reliminary title report Electronic submission Associated application fee(s) * Agency contact information may be found on the back cover of this guide (p. 20). 12

13 Specific Land Use Application Requirements Rezoning Section 9.2 Final Approval: Legislative Act; ublic Hearings by lanning Commission and County Council Amendments to the Grand County zoning maps are discretionary legislative decisions. With these decisions, State law only requires legislative bodies reasonably debate the merits of an application. However, they are granted broad freedom to arrive at a final decision. The application shall clearly state the requested change or amendment, and describe the property to be affected by such request. Applications must include a certified boundary survey of the land area to be rezoned, identification of the existing zoning, predominant existing uses, and existing zoning designations within 100 feet in all directs of the boundary of land to be rezoned. Applicants shall submit a statement explaining their rationale for the rezone request relative to the issues for consideration imposed by Section of the Land Use Code. Sketch lan Section 9.3 ublic Meeting at lanning Commission lanning Commission will review for conformity to the Land Use Code for physical arrangement of the subdivision, lot size, adequacy of street rights of way and alignment, adequacy of easements for proposed and future utilities, adequacy of surface drainage, and fire safety designed for the underlying zone district. Sketch lan Application Checklist Density (units per acre) Use and area Street plan Utility plan General character of the development 13

14 reliminary lat Section 9.4 ublic Meeting at lanning Commission The reliminary lat shall conform substantially to the approved Sketch lan (if submitted) and shall be stamped on the face reliminary lat for inspection purposes only and in no way official or approved for record purposes. lanning Commission shall act on the submittal as submitted or modified by a vote of approval or denial. reliminary lat Checklist Boundary lines Adjacent subdivision Intersection streets roposed streets, alleys, and easements roposed blocks, lots, and parks Existing topographic contours at five foot intervals and all easements or rights-of-way necessary for drainage within or without the boundaries Subdivision Title Dedication of public uses Scale roposed Land Uses Vicinity map Drainage Report 14

15 Final lat Section 9.5 ublic Meeting at County Council The plat shall be drawn to a scale of 100 feet to one (1) inch, or other scale approved by staff. When necessary the plat may be on several sheets accompanied by an index sheet showing the entire subdivision. For large subdivisions, the final plat may be submitted for approval in phases. The application shall also include a Subdivision Improvement Agreement (SIA) and a financial guarantee for construction of all public facilities, (roads, sidewalks, storm drainage facilities, and water and sewer). The County Engineer shall review and approve the construction plans and cost estimate for all required public improvements. The financial guarantee and SIA shall be submitted to the Zoning Administrator for inclusion in the final plat presentation at County Council. The developer shall pay the reasonable cost of review of the construction plans before the final plat is presented to the County Council. After the County Council has determined that the plat is in proper form, that any conditions of the preliminary plat are satisfied, that the arrangement of the development proposed for the property being subdivided is consistent with zoning regulations, and that the subdivision complies with the provisions of this LUC, including financial guarantee, it shall act to approve the plat. Those applying for subdivision approval need to be prepared for an extended, somewhat unpredictable process. Many land use decisions can be routine, but some require a fair amount of input from the different reviewing entities. Due to the permanence of final plat approvals and the potentially serious financial implications for local jurisdictions, the County exercises a fair degree of caution at this final stage. Applicants are advised to heed the advice provided earlier in this guide: get educated on the land use review process, submit complete applications, and use clear and timely communication. Final lat Submission Checklist Non-erasable Mylar copy Digital copy of the final plat Two (2) 24 x 36 copies, or more if specified by the lanning and Zoning Administrator Subdivision Improvement Agreement Financial Guarantee Agreement Replats & Exemption lats Section 9.9 ublic Meeting at County Council Replat shall be subject to all requirements of Final lat. A replat, also known as an amended plat, is for the purpose of vacation, alteration, or amendment of a subdivision plat, of any lot, street or alley contained in a plat, provided that the replat does not remove any covenants or restriction or increase the number of lots. 15

16 Minor Record Survey Section 9.7 lanning and Zoning Administrator Approval, and ublic Meeting at County Council Minor record survey provides an expeditious, one-time only process for small lot, lowimpact developments of three (3) or fewer lots, where all public roads and utilities necessary to serve the subdivision are in place and consistent with all applicable county standards at the time of application, and the resulting lots are in compliance with the underlying zoning. Sign ermit Section 9.15 lanning and Zoning Administrator Approval Application for a sign permit shall include a drawing to scale of the proposed sign including site plan or building façade showing the proposed locations of signs. Lot Line Adjustment Section 9.10 lanning and Zoning Administrator Approval Application to adjust lot lines between adjacent properties may be executed upon recordation of an appropriate deed if: No new lot results from the lot line adjustment The adjoining property owners consent to the lot line adjustment; The lot line adjustment does not result in a remnant of land that did not previously exist. 16

17 Site lan Review Section 9.17 lanning and Zoning Administrator Approval No multifamily residential or commercial building permit shall be issued prior to the approval of a site plan. The developer shall submit to the Community Development (lanning) Department a site plan to scale that includes the items listed below. Site lan Checklist arking, loading, and refuse areas Access ways, including points of ingress, egress Sidewalks and trails Location and dimensions of structures and signs Typical elevations of buildings Topography Specific areas proposed for specific types of land use Lots or plots Any areas with slopes in excess of 30 percent Any areas in a natural drainage or the 100 year floodplain, (storm drainage plan) Existing and proposed easements, areas proposed for public dedication Conditional Use ermit Section 9.11 ublic Meeting at lanning Commission & ublic Hearing at County Council A conditional use is a use that, because of its unique characteristics or potential impact on the county, surrounding neighbor or adjacent land uses, may not be compatible in some or areas or may be compatible only if certain conditions are required that reasonably remove or eliminate the detrimental impacts. Section 3.1 Use Table will identify conditional uses in a particular district in accordance with the Use Specific Standard indicated with the use. The Use Table is included as an appendix at the end of this guide. A conditional use is approved by County Council Resolution recorded in the County Clerk s Office. The County Council meeting is advertised as a public hearing. Conditional Use ermits run with the land, meaning they transfer with ownership. Applications shall provide a written statement that addresses the Conditional Use Criteria Sec and shall include the use specific standard for the use. 17

18 lanned Unit Development Overlay Section 4.4 ublic Hearings at lanning Commission & County Council The UD, lanned Unit Development is an overlay district designed to provide flexibility in the otherwise applicable dimensional and density standards of the underlying base district as specified in Article 5 Lot Design Standards. Residential Unit Used for Overnight Accommodations Section 3.2 lanning and Zoning Administrator Approval The property being occupied by guest and guest s visitors is residential. This use category refers to an otherwise approved residential unit being offered for rent for periods of less than 30 days. To ensure the use of the property does not create a nuisance, or in any way disrupt the residential character of the neighborhood, guests are notified of their responsibility to occupy the property in a manner that does not disrupt the residential character of the neighborhood. Homeowners may be held legally liable for any violations or citations, including payment of any fines or penalties incurred as a result of guest s stay, or resulting from any disruptive behavior. arking is restricted to approved on-site spaces only. All units must comply with Land Use Code Section 3.2 M. Residential units used for overnight accommodations. Variances and Appeals Section 9.12, 9.13, 9.14 Hearing Officer, Quasi-judicial Review Appeals to the County can be taken by any person aggrieved by an officer, department, or board of the county, or affected by the decision of the lanning and Zoning Administrator. A letter shall be filed defining the appeal with the application and fee paid prior to the Hearing Officer hearing the appeal. Variances are only considered when the following required findings are met: Literal enforcement of the ordinance would cause unreasonable hardship. There are special circumstances attached to the property that do not generally apply to other properties in the same zone. Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone. The variance will not substantially contradict the general plan, and the spirit of the land use ordinance is observed. Variance Application Checklist The street address and legal description of the property affected. A site plan and any and all information necessary to clearly demonstrate eligibility for the requested variance based upon the required finding in Section An administration fee to cover the cost of review in accordance with the fee schedule adopted by resolution of the County Council. 18

19 Bed and Breakfast Section D lanning and Zoning Administrator Approval Bed and breakfast establishments shall comply with the standards of Section D. Applicant shall submit a site plan drawn to scale and clearly show the location and dimensions of existing and proposed structures, parking, access ways including driveways, and outdoor lighting. Lodging and breakfast may be provided for temporary overnight occupants in no more than 5 separate bedrooms for compensation. Guests may only occupy rooms that are designated as bedrooms in the residential construction plan. All guest rooms shall be located in the principal structure. A full-time, on-site resident manager shall reside in the principal structure. Bed and breakfast facilities shall meet the minimum performance standards for off-street parking as specified in Section 6.1, including reasonably expected extraordinary parking demands. On-street parking by bed and breakfast guests is expressly prohibited. Driveways and other access ways to the principal structure do not satisfy the off-street parking requirements for bed and breakfast guests. A restricted use covenant, provided by the Community Development Department, shall be signed and recorded by the owner prior to issuance of a business license for a bed and breakfast. All units must comply with Land Use Code Section 3.2 M. Residential units used for overnight accommodations. The lanning and Zoning Administrator may revoke a bed and breakfast permit if it is determined that: The applicant has misrepresented any material fact on his or her application, or supporting materials The bed and breakfast fails or ceases to comply with applicable standards, conditions or criteria for issuance of a permit The operation of the bed and breakfast violates any statute, law, ordinance or regulation The operation of the bed and breakfast constitutes a nuisance or poses a real or potential threat to the health, safety or welfare of the public Site lan Checklist Lot dimensions Location and dimensions of all existing and proposed structures on site Access ways, including driveways to primary residence and guest parking area arking spaces required for each bedroom rented for compensation; each parking space shall measure 9 feet by 20 feet; (driveways, garages, and access ways for the residence of the principal structure cannot be calculated as guest parking) Location and type of outdoor lighting Sign location and how illuminated, one (1) sign is allowed to identify the B&B and shall be no larger than four (4) square feet 19

20 Contacts Community Development Department (435) E. Center Street Moab, UT Grand Water & Sewer Service Agency (GWSSA) (435) E. Spanish Trail Rd..O. Box 1046 Moab, UT Moab Valley Fire Department (435) South 100 East Moab, UT Road Department (435) E. Center Street Moab, UT Grand County Building Department (435) E. Center Street Moab, UT Questar Gas (435) S Hwy 191 Moab, UT Rocky Mountain ower (888) North 100 West Moab, UT