The text
19-1-1 - Public Welfare.#
Any proposed subdivision and its ultimate use shall be in the best interests of the public welfare and the neighborhood development of the area concerned; and the Subdivider shall present evidence to this effect when requested to do so by the City.
(Ord. 24-01-03, 1/18/2024)
19-1-2 - Variances.#
1.
Any person or entity desiring a waiver or modification of the requirements of this Title as applied to a parcel of property that he or she owns, leases, or in which he or she holds some other beneficial interest may apply to the Administrative Law Judge for a variance from the terms of this Title.
a.
The Administrative Law Judge may grant a variance only if:
i.
Literal enforcement of this Title would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of this Title;
ii.
There are special circumstances attached to the property that do not generally apply to other properties in the same zone;
iii.
Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone;
iv.
The variance will not substantially affect the general plan and will not be contrary to the public interest;
v.
The spirit of this Title is observed and substantial justice done;
b.
i.
In determining whether or not enforcement of this Title would cause unreasonable hardship under Subsection (2)(a), the Administrative Law Judge 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; and
ii.
In determining whether or not enforcement of this Title would cause unreasonable hardship under Subsection (2)(a), the Administrative Law Judge may not find an unreasonable hardship if the hardship is self-imposed or economic.
c.
In determining whether or not there are special circumstances attached to the property under Subsection (2)(a), the Administrative Law Judge may find that special circumstances exist only if the special circumstances:
i.
Relate to the hardship complained of; and
ii.
Deprive the property of privileges granted to other properties in the same district.
2.
The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met.
3.
Variances run with the land.
4.
The Administrative Law Judge and any other body may not grant a use variance.
5.
In granting a variance, the Administrative Law Judge may impose additional requirements on the applicant that will:
a.
Mitigate any harmful effects of the variance: or
b.
Serve the purpose of the standard or requirement that is waived or modified.
19-1-3 - Scope and Applicability.#
1.
No person shall subdivide for the purpose of transferring, selling, conveying, or assigning any tract or parcel of land which is located wholly or in part within Kaysville City, except in compliance with this Title.
2.
A subdivision plat shall comply with the provisions of this Title and be approved by Kaysville City before it may be filed or recorded in the County Recorder's office and before lots may be sold.
3.
All lots, plots, or tracts of land located within a subdivision shall be subject to this Title, regardless of whether or not the tract is owned by the Subdivider or a subsequent purchaser, transferor, or holder of the land.
19-1-4 - Development Sequence.#
No person shall be issued a building permit, except a permit for improvements required by this Title, or bonding has been provided for improvements as allowed in State Code until the actual completion by the Subdivider and acceptance by the City of the improvements required by this Title.
(Ord. 24-01-03, 1/18/2024)
19-1-5 - Enforcement and Responsibility.#
The City Building Inspectors and all administrative officials of Kaysville City shall not issue any permit for the proposed erection, construction, reconstruction, alteration, or use until proof of full compliance with all the provisions of this Title has been provided. No City officer shall issue any permit or license for the use of any building, structure, or land when such land is part of a subdivision, as defined herein, until such subdivision has been approved and recorded in the County Recorder's office. Any license or permit issued in conflict with this Title or as a result of inadvertence, error or mistake shall be null and void.
19-1-6 - Violations and Penalties.#
1.
It shall be a violation of this Title for any person to sell or transfer any land in a subdivision before recording a plat or to submit a subdivision plat to the County Recorder's Office for recording without complying with the provisions of Utah Code or being exempt from the provisions thereof.
2.
Any person who violates any of the provisions of this Title shall be guilty of a Class C misdemeanor and, upon conviction of any such violation, shall be punished by a fine of not more than seven hundred fifty dollars ($750.00) or by imprisonment for not more than ninety (90) days, or by both fine and imprisonment, or a fine not to exceed one thousand dollars ($1,000.00) for a corporation, association, partnership, or government instrumentality.
3.
In addition to the penalties prescribed in Subsections (1) and (2), the City shall be entitled to exercise and enforce the remedies set forth in Utah Code including, but not limited to, withholding building permits and assessing attorney's fees and other costs of enforcement.
(Ord. 24-01-03, 1/18/2024)
19-1-7 - Definitions.#
The following words and phrases used in this Title shall have the respective meanings hereinafter set forth, unless a different meaning clearly appears from the context:
Adjacent Landowners - Any property owner of record, according to the records of the County Recorder, whose property adjoins or abuts property proposed for subdivision, or any portion thereof.
Administrative Land Use Authority - Kaysville City Staff.
Alley - A public right-of-way less than thirty feet (30') wide.
Approval of Plans - Preliminary and final site plans, subdivision plats and plat amendments are reviewed for overall design and compliance with City Code and Standards by the Administrative Land Use Authority. The City review shall not shift the liability, the Standard of Care responsibility, or the responsibility of a thorough peer review from the Engineer-of-Record to the City.
Block - The land surrounded by streets and other rights-of-way other than an alley, or land which is designated as a block on any recorded subdivision plat.
Boundary Adjustment - An agreement between adjoining property owners to relocate a common boundary that results in a conveyance of property between the adjoining lots, adjoining parcels, or adjoining lots and parcels. A boundary adjustment does not create an additional lot or parcel. It does not include an adjustment made by the Department of Transportation.
Boundary Establishment - An agreement between adjoining property owners to clarify the location of an ambiguous, uncertain, or disputed common boundary. A boundary establishment does not create an additional lot or parcel. It does not include an adjustment made by the Department of Transportation.
City - Kaysville City.
City Council - The Kaysville City Council.
City Engineer - The Kaysville City Engineer.
Condominium Project - A real estate condominium project. A plan or project whereby two (2) or more units, whether contained in existing or proposed apartments, commercial or industrial buildings or structures or otherwise, are separately offered or proposed to be offered for sale. Condominium project shall also mean the property where the context so requires.
Dedication - Land set aside by an owner for any general and public uses, reserving for themself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. The intention to dedicate shall be evidenced by the owner by the presentment for filing of a final plat showing the dedication thereof.
Developer - Any person, including a corporate person, who undertakes to develop land, including Subdividers.
Development - The improvement of any tract lot, or parcel of land by construction thereon.
Easement - That portion of a lot or lots reserved or granted for the present or future use by a person or agency other than the legal owner or owners of said property or properties. The easement may be for use under, on the surface, or above said lot or lots.
Final Plat - The final drawing of the subdivision and dedication prepared for filing for record with the County Recorder and in compliance with all the requirements set forth in this Title and adopted pursuant thereto.
General Plan - The Kaysville City General Plan.
Improvement Completion Assurance - A cash deposit furnished and filed with Kaysville City in an amount equal to one hundred fifteen percent (115%) of the current cost of a Slurry Seal Type III on all asphalt pavement in streets, as determined by licensed contractor quote.
Improvement Warranty - Applicant's unconditional warranty that the accepted improvements comply with Kaysville City's written Standards for Design, Materials, and Workmanship and will not fail in any material respect, as a result of poor workmanship or materials, during the Improvement Warranty Period, and a cash deposit furnished and filed with Kaysville City in an amount of ten percent (10%) of the actual costs of the improvements less the Slurry Seal Type III on all asphalt pavement in streets.
Improvement Warranty Period - A period of one (1) year after the Applicant provides the Improvement Warranty and the City accepts the improvements unless the City determines for good cause that a one-year period would be inadequate to protect the public health, safety, and welfare and has substantial evidence, on record, of prior poor performance by the Applicant or that the area upon which the improvements were constructed contains suspect soil and the Applicant has not mitigated the suspect soil.
Lot - A parcel of land comprising a unit within a subdivision or a unit of land for building development or transfer of Ownership, together with such yards, open spaces, lot width, and area as required by this Title and the Zoning Ordinance of Kaysville City.
Major Street Plan - A plan, labeled "Major Street Plan" approved by the City Council which identifies the major street network of Kaysville City and requirements thereof.
Off-site - Outside a specific parcel of land being developed or considered for development.
On-Site - Within a parcel of land owned by a private citizen or by a private legal entity.
Parcel of Land - A contiguous quantity of land in the possession of, owned by, or recorded as the property of the same owner or person.
Person - An individual, corporation, partnership, organization, association, trust, governmental agency or any other legal entity.
Pioneer Developer - A Developer that acquires easements or rights-of-way or installs improvements that provide service for development of a site other than the Development of the pioneer developer and enters into a Pioneer Developer Agreement approved by the City.
Planned Residential Unit Development - A subdivision of land guided by an integrated design in which residential lots may have areas less than the minimum lot area of the zone in which the subdivision is located, and other regulations, except use regulations, may be waived or varied to allow flexibility and initiative in site and building design and location, in accordance with an approved plan and imposed general requirements.
Planning Commission - The Kaysville City Planning Commission.
Plat - A map or depiction of a subdivision, showing thereon the division of a tract or parcel of land into lots, blocks, and streets, or other divisions and dedications.
Protection Strip - A strip of land bordering both the boundary of a subdivision and a street within the subdivision for the purpose of controlling the access of property owners abutting the subdivision to the street.
Simple Boundary Adjustment - A boundary adjustment that does not affect a public right-of-way, municipal utility easement, other public property, an existing easement, onsite wastewater system, an internal lot restriction, or result in a lot or parcel out of conformity with land use regulations.
Streets: a.
Street - Public rights-of-way, including highways, avenues, boulevards, parkways, roads, lanes, walks, alleys, viaducts, subways, tunnels, bridges, public easements and other ways.
b.
Street, Arterial - A street, existing or proposed, which serves or is intended to serve as a major traffic way and is designated in the Major Street Plan.
c.
Street, Collector - A street, existing or proposed, which collects and distributes traffic and is designated in the Major Street Plan.
d.
Street, Significant Local - A street, existing or proposed, which is supplementary to an arterial street or a collector street and is designated in the Major Street Plan.
e.
Street, Local - A street which is not otherwise classified.
f.
Street, Private - A right-of-way or casement in private ownership, not dedicated or maintained as a public street, which affords the principal means of access to two (2) or more sites.
g.
Street, Cul-de-Sac - A terminal street provided with a turnaround with a 100-foot minimum diameter. Cul-de-sac streets shall not be any longer than six hundred feet (600') from the centerline of the adjoining street to the center of the turnaround.
Subdivider - Any person, including a corporate person, who undertakes to create a subdivision.
Subdivision - Any land that is divided, resubdivided or proposed to be divided into two (2) or more lots, parcels, sites, units, plots, 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. Subdivision includes the division or development of land whether by deed, metes and bounds description, devise and testacy, lease, map, plat, or other recorded instrument; and divisions of land for all residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes.
Subdivision Amendment - An amendment to a recorded subdivision that vacates all or a portion of the subdivision, increases the number of lots within the subdivision, alters a public right-of-way, a public easement, or public infrastructure, or alters a common area or other common amenity within the subdivision. A subdivision amendment does not include a simple boundary adjustment.
Suspect Soil - Soil that has a high susceptibility for volumetric change, typically clay rich, having more than a three percent (3%) swell potential; bedrock units with high shrink or swell susceptibility; or gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum commonly associated with dissolution and collapse features.
Zoning Ordinance - The Planning and Zoning Ordinance of Kaysville City, as adopted by the City Council and as amended.
Other definitions as used in the Municipal Land Use Development and Management Act, Section 10-9a-l03, may be used in applying and interpreting this Chapter, if applicable and not in conflict herewith.
(Ord. 21-07-03, 7/15/2021; Ord. 24-01-03, 1/18/2024; Ord. 25-06-03, § 17, 6/19/2025)
19-1-8 - Validity.#
If any provision of this Title or its application to any person or circumstances 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.
19-1-9 - Appeals.#
1.
The applicant or any other person or entity adversely affected by a decision administering or interpreting this Title may appeal that decision applying this Title by alleging that there is error in any order, requirements, decision, or determination made by an official in the administration or interpretation of this Title.
2.
Any officer, department, board, or bureau of the City affected by the grant or refusal of a building permit or by any other decisions of the administrative officer in the administration or interpretation of This Title may appeal any decision to the Administrative Law Judge.
3.
Such appeal shall be taken within seven (7) calendar days from the date of the action appealed from by filing with the officer from whom the appeal is taken and with the City Recorder a notice of appeal specifying the ground thereof.
4.
The officer from whom the appeal is taken shall transmit to the Administrative Law Judge all papers constituting the record upon which the action appealed from is taken.
5.
The person or entity making the appeal has the burden of proving that an error has been made.
6.
The Administrative Law Judge shall find whether there is substantial evidence that an error has been made. The Administrative Law Judge may affirm, reverse, or modify the action appealed from as it seems just and equitable and exercise all rights of any other officer or commission.
7.
Only decisions applying this Title may be appealed to the Administrative Law Judge. Appeals may not be used to waive or modify the terms or requirements of this Title.
8.
All appeals shall comply with the requirements of Utah Code.
(Ord. 24-01-03, 1/18/2024)