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Show August 28, 2003 - The Pyramid - Page Three County proposes zoning changes by Ray LaFollette During a special public meeting recently held, several changes to current zoning ordinances were proposed for public comment and discussion with the county commissioners. Commission Chairman Bruce Blackham welcomed everyone to the meeting. County Zoning Administrator Lee Holmstead reviewed all of the proposed changes. The first proposed change deals with how minor subdivisions are dealt with. A minor subdivision is four lots or less. Current zoning requirements for creating a minor subdivision arc the same as major subdivisions. The proposal is that many of the current requirements be dropped or not applied to .minor subdivisions. Holmstead told the group, "This proposed change should be a good thing especially for farmers that want to give property, to their sons or daughters. This means they will get through the system much faster and easier." He indicated that with major subdivisions of five lots or more, the requirements include water systems, paved roads with curb and gutter in some zones and many other requirements which would have to be dealt with and he implied that with minor subdivisions those issues would be relaxed. The next proposed change' is dealing with financial responsibility. Current zoning regulations state that developers who create major subdivisions must put up a 100 percent bond which must be held for two years. Holmstead indicated not many developers can put up a 100 percent bond and so a change has been proposed called Progress Payments. It was explained that after required improvements have been installed in a subdivision, only 10 percent of the bond would be held for two years. The 90 percent portion of the bond would be released progressively based on inspections by the county. As the work progresses the county would allow payments from the account. The next proposed changes dealt with animal units, construction set backs and international building codes (IBC). MANTI-- - In sensitive land zones, side yards and rear yard set backs would change from 10 feet to 30 feet because of subdivision requirements. In businesscommercial zones the setbacks would change from 75 feet front, rear and side yard, to be as per IBC fire code. That would allow building right next to property lines if fire codes are met. The maximum height of buildcommercialbusiness ings would change from no restrictions to be as per IBC fire code. Also commercial density requirements would change from five acres to one acre or as approved by planning commission, also the percent built area would change from 25 to 50 percent. In the sensitive land zones, public facility zones and businesscommercial zones, it was proposed the number of animal units allowed be changed from no restrictions to be as approved by planning commission. It was proposed that RV parks be allowed in all zones in Sanpete County as a conditional use. There was also proposed additions to the Land Use Matrix to include the following uses: car wash, convenience storeservice station, entertainment facilities, hotelmotel, reception center, private club, restau-rantfa- st foods, store general , and parkcampground retail RV ware- house. It was also proposed that the matrix be changed to require a conditional use for single family dwellings only in commercial zones. The zoning violations also was penalty proposed to be changed from the current Class "C" misdemeanor to become a Class "B" misde- permit meanor. Holman reported that all of these proposed changes have been approved by Planning and Zoning, which has been working on improvements to the ordinances for about eight months. During the question and answer period which followed, Commissioner Black-hareminded those present, these are all recommended changes and have not been approved yet, which is one of the reasons for the meetm ing. The proposals will all be considered and discussed o? enep VVe jus new branch yc & EVERYWHERE Mill It clii)lt In Btnietdip. Mtalti NCUA. prior to any adoption of them. On behalf of the commission he stated, "The commission feels at this time we will keep the penalty at a Class "C". We will try to work with people. We do not intend to beat people up over "this or that", all we want to do is get those consistent offenders which refuse to address the problems in front of a judge." County Attorney Ross Blackham pointed out fines for a Class "B" misdemeanor range from $0 to $1,850; and Class "C" $0 to $1,425. Its up to the judge to decide. He stated, "Zero is what the judge has been charging if the defendant is cooperating." It was pointed out by Lee Holman, zoning enforcement administrator, the current ordinance allows him to cite any individual situation for violation repeatedly, even daily, if necessary to seek correction of violations. Currently Holman can cite them with a summons. He told the group the judge has been very lenient unless the individual wont do anything about the problem. It was noted that if the case were to go to trial under Class "C" or Class "B", the defendant can request a trial by jury and that would cost the county more money. The whole idea is to get the person to make a commitment to make needed changes in front of a judge. Commissioner Blackham stated the first thing they want to do is see how they can help. If the person doesnt have the resources to clean up, then lets find some help. If the individual has justification as to why they dont consider the situation an unsightly thing, then let them come in and talk to the judge. "Most people who have treasures or antiques, treat them as treasures or antiques. They cover them or put them inside and take care of them, you can usually tell." He encourages them to come in and tell the judge why they feel their case would not qualify as junk. In the case of those who want to clean up but are or financially physically unable, the county is willing to use whatever resources they can to try and help. Commissioner Blackham recommended, "The current "C" Class misdemeanor penalty be kept for six months while it is tested to make sure its working and the right kind of junk can be cleaned up. At the end of six months, lets review where we are at and reload if it cant be accomplished with the Class "C" misdemeanor." The idea that a committee should be formed to review potential offending situations was well received from those present. The reviews should be done fairly. Administrator Holman and Commissioner Blackham Position Announcement, City of Fairview City Administrator Date Posted: August 1, 2003 The City of Fairview, Utah is accepting applications for the position of City Administrator. This is an exemptsalaried position under the Federal Fair Labor Standards Act. The City Administrator serves as liaison between the MayorCity Council and all department heads, city officers, committees and commissions. The City Administrator reports directly to the Mayor, delegates duties as required, and is responsible for overall supervision Administrator Holman said, "I would like to be able to contact the chairman of a committee and ask them to take a look at a specific situation and tell me what they think. When I receive back the feelings of the committee, I would then either cite the situation with a violation or take other action as needed. That way, the whole committee could review the situation before action was taken. " Commissioner Blackham expressed the hope that, 5, 1 "Committee members should not be picked on and once we recognize a committee, we need to respect them. It was agreed that the intent of having a committee is not for the committee to go around looking for problems. The committee will only review those problems that are referred to them by the zoning administrator. It was pointed out that if neighbors have problems with junk they should work out those problems with each other. It was also pointed out that most people wont do that, so the need of someone who will address these issues is present. When problems are reported to or discovered by the zoning administrator, then action will be taken. Jay Olsen, rancher and representative of the Farm Bureau, addressed the commission. "We are still concerned with the animal unit proposals. The spring, summer, and fall rangeland is all part of the sensitive lands. We dont want to have to get conditional use permits to run our livestock. It doesnt avoid make much sense. You can try to restrict how many cows, horses, or sheep a cabin has, but if you are trying to restrict how many cattle I have and to require a a placing specific number to the amount of animal units allowed." Commissioner Blackham stated, "In terms of protecting agriculture, we are going to do all we can to protect it, but, at some time we will probably have to set an animal unit for commercial zones." He recommended it be given some thought and any suggestions be given to Holman or to the commissioners regarding what might be a fair animal amount for home Dont let life discourage you; everyone who got where he is had to begin where he was. Evans Central Valley Medical Center 48 West 1500 North, Nephi, Utah (435) 623-30- 00 Providing for all your Healthcare Needs! Full Pediatric Practice Adult Medicine, Care, scope ofFamily including Internal Medicine, Obstetrics, Emergency Medicine and Surgery. 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Closing Date for Application: Applicants should mail or fax a resume, references and cover letter to Mayor Don Worley, P.O. Box by August 31, 2003. 97, Fairview, UT 84629, Fax: (435) 427-327The city of Fairview is an Equal Opportunity Employer. production in commercial zones. He pointed out, "This is an agricultural county, the county master plan describes it as such, and my personal feeling is that we shouldnt have animal restrictions in sensitive lands or agricultural lands and commercial developers should handle that issue when planning their projects. We all want to live in a nice clean community. When there is a problem, maybe we should all volunteer to help clean up an area. Sometimes we are quick to criticize, but not too willing to help." When asked, he also told those present, "The county is not being pressured to clean up because of Highway 89 projects. The county efforts with zoning have nothing to do with Highway 89. County Attorney Ross Blackham explained he had been working with Holman to try to be as specific as reasonable when identifying what is and what is not junk. He said, "There is a fine line between trying to describe every situation and on the other hand leaving it too vague. Improvements can be made to the zoning ordinances. It may be on the vague side but we dont want to go clear to the other side either. Five cars in one situation may be bad while in another situation it may not be; however, some clarification can be made, but not overbearing on either side." Zoning Administrator Lee Holmstead stated that if anyone has suggestions or ideas on how to solve any of the problems the county zoning has, contact him Monday through Wednesday each week. conditional use permit each " year, thats too restrictive. He recommended, "Rather than counting the animals, the problem should be dealt with on a health standard. Look at the situation; if it is a health hazard or a health problem, or a public safety issue, there has to be a better way than restricting the number of animal units. Sanpete County was built on agriculture, but," he said, "down the road, as we get more populated and agriculture gets pushed aside, where am going to end up?" He also pointed out that there should be a little bit of help built into the zoning ordinances so that he does not have to be harassed for doing business. He is doing business using best management practices. When questioned regarding the need to get a conditional use permit to have a cow or dog, Administrator Holman stated, "For home production only, I do not think you should have to have a permit or any approval from planning or zoning." When asked how many animals could be kept, such as chickens, Commissioner "It Dettinger responded, locatare where you depends ed within the county and the amount of land involved. 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