2204 Revocation Procedures

1) Duties of the Zoning Administrator. If the Zoning Administrator determines, based on inspection, that there exists reasonable grounds for revocation of a development permit or license authorized by this Ordinance, the Zoning Administrator shall set a public Hearing before the Town of Dutch John Council. 2) Notice and Public Hearing. At least ten (10) days of notice of a proceeding to reconsider or revoke the development permit or license shall be given to the applicant and the Public. 3) Required Findings. The Town of Dutch John Council may revoke the development approval, permit or license upon making one or more of the following findings: a) That the development permit was issued on the basis of erroneous or misleading information or misrepresentation provided by the applicant. b) That the terms or conditions of approval of the permit relating to establishment or operation of the use, building or structure have been violated or that other laws or regulations of the Town applicable to the development have been violated. 4) Effect. A decision to revoke a development permit or license shall become final five (5) days after the date notice of the decision was given. After the effective date, all activities pursuant to such permit shall be deemed in violation of this Ordinance. 5) Decision and Notice. Within ten (10) days of the conclusion of the Hearing, the Town of Dutch John Council shall render a decision and shall notify the holder of the permit or license of the decision and any other person who has filed a written request for such notice. Definitions. For the purpose of this Ordinance, certain words are hereby defined as follows: 1) Adjacent: Meeting or touching at some point, or across a street, alley or other public or private right-of-way. 2) Applicant: The owner of land or the owner's authorized representative. 3) Appurtenances: The visible, functional, or ornamental objects accessory to and part of a building. 4) As-built Profile: A map or drawing which depicts a vertical section of a road, street, curb, conduit or other physical feature as it has been actually constructed. 5) Average Daily Traffic (ADT): The average of one-way vehicular trips that use a road or driveway during a 24-hour period. 6) Basement: That portion of a building between floor and ceiling which is partly below and partly above grade, located such that the vertical distance from grade to floor below is more than the vertical distance from grade to ceiling 7) Town of Dutch John Council / Town Council / Town: The Town Council of the Town of Dutch John situated in Daggett County, Utah. 8) Building: A structure having a roof supported by columns or walls for housing, shelter or enclosure of persons, animals or property of any kind. 9) Buildable Area: The portion of a lot which is within the envelope formed by the setbacks that form the required yards. 10) Building Height: The vertical distance from grade to the highest point of the coping of a flat roof; to the deck line of a mansard roof; or the average height of the highest gable, hip or gambrel roof as measured vertically from finished grade. 11) Building, Principal: A building in which is conducted the principal use of the lot on which it is located. In a residential zoning district, any residential dwelling is deemed to be the principal building on the lot on which it is situated. 12) Bulk: The total volume of the structure, found by multiplying the square footage by the height. 13) Camper: Means a unit containing cooking or sleeping facilities that is designed to be loaded onto or affixed to the bed or chassis of a truck to provide temporary living quarters for recreational camping or travel use. 14) Carport: A private garage not completely enclosed by walls or doors. For the purpose of this Ordinance, a carport shall be subject to all regulations prescribed for a private garage. 15) Certificate of Occupancy: A certificate issued by the Town of Dutch John after final inspection and upon a finding that the building, structure, or development complies with all provisions of the applicable Town codes, permit requirements and approved plans. 16) Planning and Zoning Commission: The Planning and Zoning Commission of the Town of Dutch John as appointed by the Town Council of the Town of Dutch John. 17) Conditional Use: A use of land for which a Conditional Use permit is required pursuant to this Ordinance. 18) Construction Plan: The maps or drawings accompanying an application which show the specific location and design specifications of improvements to be installed in accordance with the requirements of approval by the Planning and Zoning Commission and Town of Dutch John Council. 19) Contiguous: The touching or overlap of two (2) or more use district boundaries or property lines. 20) Critical Slope, 30% Slope: An area where the rise or fall is equal to or exceeds thirty (30%) percent (1:3) over a horizontal distance of 100 feet or greater. 21) Easement: A right granted by a property owner permitting a designated part or interest of the property to be used by others for a specific use or purpose. 22) Facility: A structure or place which is built, installed, or established to serve a particular purpose. 23) Single Family Limit: The definition of the term family will be consistent with the Utah State Code ann. 10-20-602. Limit on single family designation. a) As used in this section, “single-family limit” means the number of unrelated individuals allowed to occupy each residential unit that is recognized by a land use authority in a zone permitting occupancy by a single family. b) A municipality may not adopt a single-family limit that is less than: i) Three, if the municipality has within its boundary: (1) A state university; or (2) A private university with a population of at least 20,000; or ii) Four, for each other municipality. 24) Frontage: All property fronting on one side of the street, highway or private road. 25) Garage, Private: An accessory building designed or used for the storage of not more than four automobiles owned and used by the occupants of the building to which it is accessory, provided that on a lot occupied by a multiple dwelling, the private garage may be designed and used for the storage of one and one-half (1 ½) times as many automobiles as there are dwelling units in the multiple dwelling. A garage shall be considered part of a dwelling if the garage and the dwelling have a roof or wall in common. 26) Geologic Hazard: A geologic condition which may pose a significant threat to persons or property. 27) Grading: Any excavating, filling or combination thereof. Grading is regulated by the appendix chapter titled ``Excavation and Grading'' of the most current edition of the Town’s adopted Building Codes. 28) Guest: Any transient person who occupies a room for sleeping purposes. 29) Improvements: Street grading, street surfacing and paving, curb and gutters, street lights, street signs, sidewalks, crosswalks, water mains and lines, water meters, fire hydrants, sanitary sewers, storm drainage facilities, culverts, bridges, public utilities or other such installations designated by the Planning and Zoning Commission or Town of Dutch John Council. 30) Improvement Plan: A plan to complete permanent infrastructure on the subdivision that is essential for the public health and safety, that is required for human occupation, or that is required by applicable law and that an applicant must install in accordance with public installation and inspection specifications for public improvements and as a condition of recording a subdivision plat. 31) Intensity: The concentration of activity, such as the combination of the number of people, cars, visitors, customers, hours of operation, outdoor advertising, numbers of buildings, numbers of livestock, etc. 32) Land Use Authority: An individual, board, or commission appointed or employed by a municipality to make land use decisions. “Land Use Authority” includes any appropriately authorized designees. 33) Land Use Application: An application required by the Town and submitted by a land use applicant to obtain a land use approval; this does not mean an application to enact, amend, or repeal a land use regulation. 34) Loading and Unloading Space: A permanently maintained space on the same lot as the principal building accessible to a street or alley and not less than ten (10) feet in width, twenty feet (20) in length, and fourteen (14) feet in height. 35) Lot: A parcel of land occupied or to be occupied by a building or group of buildings, together with such yards, open spaces, lot width and lot areas as are required by this Ordinance, having frontage upon a street or upon a right-of-way not less than sixteen (16) feet wide. Except for group dwellings and guest houses and dwellings associated with agricultural uses and lands, not more than one (1) dwelling structure shall occupy any one lot. 36) Lot, Area: The area of a horizontal plane within the lot lines of a lot. 37) Lot, Corner: A lot abutting on two (2) intersecting or intercepting streets where the interior angle of intersection or interception does not exceed one hundred thirty-five (135) degrees. 38) Lot, Interior: A lot other than a corner lot. 39) Lot, Coverage: The percentage of the area of a lot which is occupied by all permanent buildings, other impervious surfaces or other covered structures. Building coverage to be measured at the drip edge. 40) Lot, Depth: For lots having front and rear lot lines which are parallel, the shortest horizontal distance between such lines; for lots having front and rear lot lines which are not parallel, the shortest horizontal distance between the midpoint of the front lot line and the midpoint of the rear lot line; and for triangular shaped lots, the shortest horizontal distance between the front lot line and a line within the lot, parallel with and at a maximum distance from the front lot line having a length of not less than ten (10) feet. 41) Lot Line: Any line bounding a lot. 42) Lot Line Adjustment: A minor shift or rotation of an existing lot line or other adjustments where a greater number of parcels than originally existed is not created. 43) Lot Line, Front: The boundary of a lot which separates the lot from the street; and in the case of the corner lot, the front lot line is the shorter of the two lot lines separating the lot from the street, except that where these lot lines are equal or within fifteen (15) feet of being equal, either lot line may be designated the front lot line, but not both. 44) Lot Line, Rear: The boundary of a lot which is most distant from, and is, or is most nearly, parallel with the front lot line; except that in the absence of a rear lot line, as is the case of the triangular-shaped lot, the rear lot line may be considered as a line within the lot parallel with and at a maximum distance from the front lot line having a length of not less than ten (10) feet. 45) Lot Line, Side: The boundary of a lot which is not a front lot line or a rear lot line. 46) Lot of Record: A lot which is part of a legally created subdivision, the plat of which has been recorded in the office of the County Recorder of Daggett County; or a lot, parcel or tract of land, the deed of which has been recorded in the office of the County Recorder of Daggett County prior to the enactment of this Ordinance. 47) Lot, Through: A lot having a pair of opposite lines abutting two (2) streets and which is not a corner lot. On such lots, both lot lines are front lot lines. 48) Lot, Width: For rectangular lots, lots having side lot lines not parallel and lots on the outside of the curve of a street, the distance between side lot lines measured at the required minimum front yard line on a line parallel with the street or long chord; and for lots on the inside of the curve of a street, the distance between side lot lines measured thirty (30) feet behind the required minimum front yard line on a line parallel with the street or long chord. 49) Maximum Building Height – Primary Structures: The maximum building height shall be measured at the tallest point of the ridge of the roof down to the permanent ground level. This measurement is not to include roof projections such as weather vanes, antennas, decorative features etc. 50) Maximum Building Height – Secondary Structures: The maximum building height shall be measured at the tallest point of the ridge of the roof down to the permanent ground level. This measurement is not to include roof projections such as weather vanes, antennas, decorative features etc. 51) Maximum Building Width – Secondary Structures: The maximum building width as measured across the side of the building which faces the road frontage and is not screened by the Primary Structure. 52) Manufactured Home: A transportable, factory-built housing unit constructed on or after June 15, 1976, according to the Federal Home Construction and Safety Standards Act of 1974 (HUD Code), in one or more sections, and when erected on site, the home must be at least 20 feet in width at the narrowest dimension, have exterior and roofing materials acceptable to the Town’s Building Codes, have a minimum roof pitch of 2:12, and be located on a permanent foundation and connected to the required utilities, including plumbing, heating, air conditioning and electrical systems. A Manufactured Home shall be identified as real property on the property assessment rolls of Daggett County. All manufactured homes constructed on or after June 15, 1976, shall be identified by the manufacturer’s data plate bearing the date the unit was manufactured and a HUD label attached to the exterior of the home certifying the home was manufactured to HUD standards. 53) Mobile Home: A transportable, factory-built housing unit built prior to June 15, 1976, in accordance with a state mobile home code which existed prior to the Federal Manufactured Housing and Safety Standards Act (HUD Code). The following are excluded from this definition: a) Travel trailers, motor homes, camping trailers, or other recreational vehicles; and b) Manufactured home. 54) Mobile Home Park: Any plot of ground upon which two or more mobile homes occupied for dwelling or sleeping purposes or storage are located, regardless of whether or not a charge is made for such accommodation. 55) Mobile Home Space: A plot of ground within a mobile home park or travel trailer park designed for the accommodation of one mobile home or travel trailer together with its accessory structures including carports or other off-street parking areas, storage lockers, patios, patio covers, awnings and similar appurtenances. 56) Name Plates and Signs: "Name plates and signs" shall include: a) One name plate for each dwelling unit, not exceeding two square feet in area, indicating the name of the occupant or a permitted home occupation. b) One sign board not exceeding eight square feet in area appertaining to the lease or sale of the property or the sale of products produced on the property or warning against trespassing. c) One bulletin board not exceeding eight square feet in area for a church or other institution for the purpose of displaying the name and character of services or other activities conducted therein. d) One identification sign not exceeding eight square feet in area for buildings other than dwellings. e) All such bulletin boards and identification signs shall be attached to and parallel with the front wall of the building. If any name plate, bulletin board or sign is illuminated, indirect lighting only shall be used; no flashing or intermittent illumination shall be employed. 57) Natural Waterways: Those areas varying in width along streams, creeks, gullies, springs, faults or washes which are natural drainage channels. 58) Non-conforming Building or Structure: A building or structure or portion thereof lawfully existing at the time this Ordinance became effective which does not conform to all the height, area and yard regulations herein prescribed in the zone in which it is located. 59) Non-Conforming Use: The lawful use of any building, lot, parcel or tract of land existing at the time this Ordinance, or amendments thereto, become effective which does not conform to the use regulations of the zoning district in which it is located. 60) Nuisance: Any use or activity which emits noise, smoke, dust, odor or vibration in amounts sufficient to substantially depreciate values of surrounding buildings or lands, or a use or activity which substantially deprives the owners of adjoining property of a property right. 61) Off-street Parking: An area adjoining a building providing for the parking of automobiles which does not include a public street but has convenient access to it. 62) Owner: Means the owner, lessor, or sub-lessor of a residential rental unit. A managing agent, leasing agent, or resident manager is considered an owner for purposes of notice and other communication required or allowed. 63) Parking Lot: An open area, other than a street, used for parking of more than four automobiles and available for public use, whether free, for compensation or as an accommodation for clients or customers. 64) Parking Space: A permanently surfaced area, enclosed or unenclosed, of not less than eight feet six (8'6") inches in width and having an area of not less than one hundred eighty (180) square feet, together with a driveway connecting the parking space with a street or alley and permitting ingress and egress of an automobile. 65) Permitted Use: A use of land which is specifically designated in the table of uses as a “permitted” use in the zone for which a permit is requested. 66) Plat: An instrument subdividing property into lots as depicted on a map or other graphic representation of land that a licensed professional land surveyor makes and prepares in accordance with §10-20-102 or §57-8-13 of Utah State Code (as amended). 67) Principal Use: The primary purpose or function for which a parcel is used. 68) Public Improvement: Any publicly owned and maintained drainage ditch, roadway, street, parkway, sidewalk, pedestrian way, landscaping, off-street parking area or other facility or amenity. 69) Rental Agreement: Any agreement, written or oral, which establishes or modifies the terms, conditions, rules, or any other provisions regarding the use and occupancy of a residential rental unit for any period less than or greater than 30 days. 70) Renter: Means any person entitled under a rental agreement to occupy a residential rental unit to the exclusion of others. 71) Right-of-Way: Land occupied or intended to be occupied by a public or private trail, road or other public transportation use or railroad, electric transmission line or other utility uses. 72) Road: A public or private thoroughfare which affords a means of access to abutting property. 73) Setback: The required minimum distance between the building and the related front, side or rear lot line. This distance is to be as determined by table 505 – 1 for Primary Structures or table 505 – 2 for Secondary structures or if not found in these tables is to be determined by the minimum of Building Code requirements if such exists or by site inspection and determination by the Planning and Zoning Commission. This distance is to be measured from the nearest property line to the drip line of the structure in question. 74) Short-term Residential Rental Unit: Residence that is rented for less than thirty days, and includes the appurtenances, grounds, and facilities held out for the use of the residential renter generally, and any other area or facility provided to the renter in the rental agreement. Only allowed after obtaining a conditional use permit and business license. 75) Sign: Any device for visual communication, including any structure or natural object or part thereof that is used for the purpose of bringing the subject thereof to the attention of the public, but not including any flag, badge or insignia of any government or governmental agency or any civic, charitable, religious, patriotic, fraternal or similar organization. 76) Site Built Home: A housing unit constructed at a site in accordance with the Building Codes of the Town. 77) Solar Energy Device: A device which converts the sun's radiant energy into thermal, chemical, mechanical or electric energy. 78) Solar Access: The ability to receive sunlight across real property for any solar energy device. 79) Solid Waste: (as per Utah Code Annotated § 19-6-102(16)) means any garbage, refuse, sludge, including sludge from a waste treatment plant, water supply treatment plant or air pollution control facility, or other discarded material, including solid, liquid, semi-solid or contained gaseous material resulting from industrial, commercial, mining or agricultural operations and from community activities but does not include solid or dissolved materials in domestic sewage or in irrigation return flows or discharges for which a permit is required under Title 19, Chapter 5, Water Quality Act, or under the Water Pollution Control Act, 33 U.S.C., Section 1251, et seq. “Solid waste" does not include any of the following wastes unless the waste causes a public nuisance or public health hazard or is otherwise determined to be a hazardous waste: a) Certain large volume wastes, such as inert construction debris used as fill material; b) Drilling muds, produced waters and other wastes associated with the exploration, development or production of oil, gas or geothermal energy; c) Fly ash waste, bottom ash waste, slag waste and flue gas emission control waste generated primarily from the combustion of coal or other fossil fuels; d) Solid wastes from the extraction, beneficiation and processing of ores and minerals; or e) Cement kiln dust. A solid waste is considered a hazardous waste if it is listed as hazardous or if it exhibits any one of the hazardous characteristics set forth hereafter. "Hazardous waste" (as per Utah Code Annotated § 19-6-102(9)) means a solid waste or combination of solid wastes which, because of its quantity, concentration, or physical, chemical or infectious characteristics, may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. 80) Storage: The actual or intended containment of solid or hazardous waste either on a temporary basis or for a period of years in such a manner as not to constitute disposal of such waste. 81) Story: That portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the surface of such floor and the ceiling or roof above it. 82) Street Line: The boundary which separates the right-of-way of a street from the abutting property. 83) Street: A thoroughfare which has been dedicated or abandoned to the public and accepted by proper public authority, or a thoroughfare which has been made public by right of use and which affords the principal means of access to abutting property. 84) Structural Alteration: Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any rebuilding of the roof or exterior walls. 85) Structure: Anything constructed or erected which requires location on the ground or attached to something having location on the ground, but not including tents, vehicles, travel trailers or mobile homes. 86) Subdivision: Any land that is divided, subdivided, or proposed to be divided into two or more lots or other division of land for the purpose, whether immediate or future, for offer, sale, lease, or development either on the installment plan or upon any and all other plans, terms, and conditions. A. Subdivision includes: 1. The division or development of land, whether by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument, regardless of whether the division includes all or a portion of a parcel or lot; and 2. Except as provided below, divisions of land for residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes. B. Subdivision does not include: 1. A bona fide division or partition of agricultural land for the purpose of joining one of the resulting separate parcels to a contiguous parcel of unsubdivided agricultural land, if neither the resulting combined parcel nor the parcel remaining from the division or partition violates an applicable land use ordinance; 2. A boundary line agreement recorded with the Office of the County Recorder between owners of adjoining parcels adjusting the mutual boundary in accordance with §10-20-906 of Utah State Code (as amended) if no new parcel is created; 3. A recorded document, executed by the owner of record revising the legal descriptions of multiple parcels into one legal description encompassing all such parcels or joining a lot to parcel; 4. A joining of one or more lots to a parcel; 5. A road, street, or highway dedication plat; or 6. A deed or easement for a road, street, or highway purpose. 87) Substantial Modification: A change which significantly alters the impacts and/or character of a structure, development or use. 88) Travel Trailer: A trailer/camper unit mounted on axles/wheels not exceeding eight (8) feet in width intended to be moved by a personal vehicle. 89) Use: The purpose or purposes for which land or a building is occupied, maintained, arranged, designed or intended. 90) Water Conveyance Facility: A ditch, canal, flume, pipeline, or other watercourse used to convey water used for irrigation or storm water drainage and any related easement for the ditch, canal, flume, pipeline, or other watercourse. “Water conveyance facility” does not mean a ditch, canal, flume, pipeline, or other watercourse used to convey water used for culinary or industrial water, or any federal water project facility. 91) Yard: The open space at grade level between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward except as otherwise provided in this Ordinance. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the minimum horizontal distance between the lot line and the principal building is to be used; however, on any lot wherein a setback line has been established by the regulations of this Ordinance for any street abutting the lot, such measurement is to be taken from the principal building to the setback line. 92) Yard, Front: A yard extending across the front width of a lot and being the minimum horizontal distance between the street line and the principal building or any projection thereof other than steps, unenclosed balconies and unenclosed porches. The front yard of a corner lot is the yard adjacent to the designated front lot line. 93) Yard, Rear: A yard extending between the side yards of a lot, or between the side lot lines in the absence of side yards, and being the minimum horizontal distance between the rear lot line and the rear of the principal building or any projection thereof, other than steps, unenclosed balconies or unenclosed porches. On corner lots and interior lots, the rear yard is in all cases at the opposite end of the lot from the front yard. 94) Yard, Required: The minimum open space as specified by the regulations of this Ordinance for front, rear and side yards as distinguished from any yard area in excess of the minimum required. 95) Yard, Side: A yard between the building and the side lot and extending from the front yard to the rear lot line as defined or along the full depth in absence of front and rear yards and being the minimum horizontal distance between a side lot line and the side of the principal building or any projection thereof other than steps, unenclosed balconies or unenclosed porches. An interior side yard is defined as the side yard adjacent to a common lot line. 96) Zoning District: Any contiguous portion of the incorporated area of Dutch John in which the same zoning regulations apply. APPENDIX A: TEMPLATES AND FORMS The following forms are each listed on a separate page. APPENDIX A: Templates and Forms Notice of No Certificate of Occupancy Issued: Delinquency Released Notice: Notice of No Certificate of Occupancy Issued: Notice is hereby given by the building official of The Town of Dutch John, a political subdivision of the State of Utah, that pursuant to Town Ordinance, a certificate of occupancy is required for use or occupancy by humans of homes, buildings, or other structures. A building permit was issued on_______________ (date) for construction or remodel or alteration of a structure on the following described property. The structure described as ______________________ has not as of the date of this notice been issued a certificate of occupancy and any occupancy of the described structure by humans is prohibited until a duly authorized certificate of occupancy is issued. For information concerning correction of this deficiency, contact the Dutch John Clerk: __________________________________. Dated this ____ day of ___________, 202___. _______________________________________________ Signature STATE OF UTAH COUNTY OF DAGGETT ) ) ss. ) On this ____ day of ____________, 202___, before me, _______________________, a notary public, personally appeared ___________________, personally known to me or proved to me to be the person whose name is subscribed to on this instrument, and acknowledged that he/she executed the same _______________________________________________ Notary Public Delinquency Released Notice: Notice is hereby given that the delinquency notice recorded on ______________ (date) in Book ___, Page ___, of the official records of Daggett County, is withdrawn and released. On or about__________________ (date) a certificate of occupancy authorizing use and occupancy of the structure described in the notice of delinquency was issued by the Dutch John building Official. The real property affected by this notice is described as follows, to wit: Dated this ____ day of ___________, 202___. _______________________________________________ Signature STATE OF UTAH COUNTY OF DAGGETT ) ) ss. ) On this ____ day of ____________, 202___, before me, _______________________, a notary public, personally appeared ___________________, personally known to me or proved to me to be the person whose name is subscribed to on this instrument, and acknowledged that he/she executed the same _______________________________________________ Notary Public