Land use.
"We recognize the rights of the individual to own property. We resist any effort by government to take private property without an overwhelming need for public use. We strongly oppose the forfeiture of private property from innocent owners." - Republican Party Platform
One of the most important rights associated with property ownership is the ability to adapt or develop it for some profitable or desirable use. Development and use of property support economic growth and should contribute to the public welfare.
Public welfare is a subjective term but, in most cases, it includes public utility, public voting, public welfare, public works, Public Works Administration and public-address system. That means the use of private property is subjected to interpretations of use as it pertains to the Master Plan.
A master plan is a planning document that serves to guide the overall character, physical form, growth, and development of a community. It describes how, why, where, and when to build or rebuild a city or town. It provides guidance to local officials when they are making decisions on budgets, ordinances, capital improvements, zoning and subdivision matters, and other growth-related issues.
A master plan also provides an opportunity for community leaders to look ahead, establish new visions and directions, set goals, and map out plans for the future. Properly done, a master plan should describe where, how, and at what pace a community desires to develop physically, economically, and socially. In short, a master plan functions much like a roadmap or a blueprint; it is a guide to the future. I belive in Master Plans.
A Master plan should have the following characteristics:
The Weber County’s General Plan sets the direction for land use in unincorporated Weber County. This is done through the adoption of goals and policies. State law requires that a variety of County actions be consistent with the general plan.
The General Plan is implemented by various means including zoning and subdivision ordinances. The General Plan may necessitate rezoning property. It’s County policy that rezoning of property be consistent with the County’s General Plans.
The purpose of zoning regulations is to promote the general welfare, safety, health, convenience, and economic prosperity of the County. Again, these terms are subjective and open for interpretation by the commissions.
According to the Weber County Planning Division, to promote compatibility and stability in zoning and appropriate development of property within Weber County, no application for rezoning shall be approved unless it demonstrated that the proposed rezoning promotes the health, safety, and welfare of Weber County and the purposes of this ordinance.
The Planning Commission and the County Commission will consider whether the application should be approved or disapproved based upon the merits and compatibility of the proposed project with the General Plan, surrounding land uses, and impacts on the surrounding area. The Commissions will consider whether the proposed development, and in turn the application-for rezoning, is needed to provide a service or convenience brought about by changing conditions and which therefore promotes the public welfare. The County Commission may require changes in the Concept Plan in order to achieve compatibility and may impose any conditions to lessen or eliminate adverse impacts.
Future Land Use Vision
Recent growth and development in Western Weber County, combined with significant projected growth in the near future, has resulted in the existing 20-year-old general plan to become obsolete. Current population projections estimate Weber County to have a 60% growth rate over the next 50 years, or about 1.2% per year. Applied to Western Weber, that would add 3,412 people for a total of 9,112 in the year 2065. However, based on current building trends, the area is growing much faster, at about 7.1% per year. If this trend continues, it will add an additional 13,383 people for a total population of 22,495 in the year 2065.
For the last few years, Weber County staff have been working to collect essential data relevant to development of the Western Weber area, such as current zoning, land use, and existing physical conditions of the area. The in-depth study investigated different types, densities, and configurations of residential development that might be considered in Western Weber, with clustered development emerging as a possible key tool for helping direct growth and development in a manner that can preserve the cherished character and “sense of place.”
Four public meetings were held in an effort to collaborate with residents and property owners to create a conceptual planning vision for Western Weber County. This vision will take a lead role in devising a new general plan that will adequately address the challenges and opportunities that future development will bring to the county.
After spending more than a year working closely with the residents and stakeholders of Western Weber and countless hours of research conducted by county staff members, a Preferred Future Land Use Vision was established.
RECOMMENDATIONS FOR LAND USE:
The vision also addressed Future Transportation needs of a rapidly growing and changing area.
RECOMMENDATIONS FOR TRANSPORTATION:
The vision also addressed the desire to preserve open space and provide parks, trails, and natural systems in a manner that is coordinated to meet long-term community needs.
RECOMMENDATIONS FOR PARKS, TRAILS, AND OPEN SPACE:
So, what do you think? Community input on the vision of Weber County growth and development is imperative to developing a general plan that reflects the vision of all stakeholders and residents of our great county. Your contribution and feedback are encouraged and appreciated.
Please visit: https://storymaps.arcgis.com/stories/e18c4a2604d54f998c79ae5411b9e632
Current Law
A master plan also provides an opportunity for community leaders to look ahead, establish new visions and directions, set goals, and map out plans for the future. Properly done, a master plan should describe where, how, and at what pace a community desires to develop physically, economically, and socially. In short, a master plan functions much like a roadmap or a blueprint; it is a guide to the future. I belive in Master Plans.
A Master plan should have the following characteristics:
- First, it is a physical plan. Although a reflection of social and economic values, the plan is fundamentally a guide to the physical development of the community. It translates values into a scheme that describes how, why, when, and where to build, rebuild, or preserve the community.
- A second characteristic is that it is long-range, covering a time period greater than one year, usually five years or more.
- A third characteristic of a general development plan is that it is comprehensive. It covers the entire city geographically – not merely one or more sections. It also encompasses all the functions that make a community work, such as transportation, housing, land use, utility systems, and recreation. Moreover, the plan considers the interrelationships of functions.
- Finally, the master plan is a guide to decision making for the planning board, the governing board and mayor or manager.
The Weber County’s General Plan sets the direction for land use in unincorporated Weber County. This is done through the adoption of goals and policies. State law requires that a variety of County actions be consistent with the general plan.
The General Plan is implemented by various means including zoning and subdivision ordinances. The General Plan may necessitate rezoning property. It’s County policy that rezoning of property be consistent with the County’s General Plans.
The purpose of zoning regulations is to promote the general welfare, safety, health, convenience, and economic prosperity of the County. Again, these terms are subjective and open for interpretation by the commissions.
According to the Weber County Planning Division, to promote compatibility and stability in zoning and appropriate development of property within Weber County, no application for rezoning shall be approved unless it demonstrated that the proposed rezoning promotes the health, safety, and welfare of Weber County and the purposes of this ordinance.
The Planning Commission and the County Commission will consider whether the application should be approved or disapproved based upon the merits and compatibility of the proposed project with the General Plan, surrounding land uses, and impacts on the surrounding area. The Commissions will consider whether the proposed development, and in turn the application-for rezoning, is needed to provide a service or convenience brought about by changing conditions and which therefore promotes the public welfare. The County Commission may require changes in the Concept Plan in order to achieve compatibility and may impose any conditions to lessen or eliminate adverse impacts.
Future Land Use Vision
Recent growth and development in Western Weber County, combined with significant projected growth in the near future, has resulted in the existing 20-year-old general plan to become obsolete. Current population projections estimate Weber County to have a 60% growth rate over the next 50 years, or about 1.2% per year. Applied to Western Weber, that would add 3,412 people for a total of 9,112 in the year 2065. However, based on current building trends, the area is growing much faster, at about 7.1% per year. If this trend continues, it will add an additional 13,383 people for a total population of 22,495 in the year 2065.
For the last few years, Weber County staff have been working to collect essential data relevant to development of the Western Weber area, such as current zoning, land use, and existing physical conditions of the area. The in-depth study investigated different types, densities, and configurations of residential development that might be considered in Western Weber, with clustered development emerging as a possible key tool for helping direct growth and development in a manner that can preserve the cherished character and “sense of place.”
Four public meetings were held in an effort to collaborate with residents and property owners to create a conceptual planning vision for Western Weber County. This vision will take a lead role in devising a new general plan that will adequately address the challenges and opportunities that future development will bring to the county.
After spending more than a year working closely with the residents and stakeholders of Western Weber and countless hours of research conducted by county staff members, a Preferred Future Land Use Vision was established.
RECOMMENDATIONS FOR LAND USE:
- Designate small mixed-use villages at primary transportation intersections
- Do not allocate any more density rights to the area, except those necessary to preserve or enhance the rural sense of place
- Prioritize residential development near existing sewer systems
- Create a buffer between the heavy manufacturing area and other land uses
The vision also addressed Future Transportation needs of a rapidly growing and changing area.
RECOMMENDATIONS FOR TRANSPORTATION:
- Petition UDOT to move the proposed West-Weber Corridor alignment westward to better connect manufacturing areas and avoid prime agricultural land.
- Extend 2550 South, 2200 South, and 2700 North to the West-Weber Corridor, effectively linking it to I-15.
- Extend 4700 West to a future 2700 North extension in Plain City.
- Support prior street-grid planning by requiring collector streets to be located on section lines, whenever possible.
- Improve access to developed areas and across the Weber River.
- Accommodate active transportation along major roads.
The vision also addressed the desire to preserve open space and provide parks, trails, and natural systems in a manner that is coordinated to meet long-term community needs.
RECOMMENDATIONS FOR PARKS, TRAILS, AND OPEN SPACE:
- Purchase and develop a large Ogden Bay regional park with a recreational focus, including a sport field complex, large open grassy areas, running track, playgrounds, pavilions, picnic areas, shade trees, pedal-cycle park, motor-bike park, equestrian facilities, fishing, public restrooms, and potentially camping facilities.
- Purchase and preserve a green-space buffer along the Weber River that will preserve the land from becoming developed and enhance the land as a recreational amenity, including an extensive regional trail system that connects regional and community parks.
- Create regional trails/pathways along or adjacent to existing canals, rivers and other waterways, railroads, and collector streets in lieu of sidewalk.
- Explore the public’s support for creating a community fishing pond in or near the Reese Park.
So, what do you think? Community input on the vision of Weber County growth and development is imperative to developing a general plan that reflects the vision of all stakeholders and residents of our great county. Your contribution and feedback are encouraged and appreciated.
Please visit: https://storymaps.arcgis.com/stories/e18c4a2604d54f998c79ae5411b9e632
Current Law
- All property is subject to reasonable control and regulation by government entities. Local governments regulate the uses and improvements of property to protect and promote the health, safety, and welfare of the public. Proper zoning ordinances promote economic growth and help maintain strong and vibrant communities.
- Any citizen may petition their local government to consider a change to zoning ordinances. Local governments have wide latitude to adopt and amend zoning ordinances as a part of their authority to promote the public welfare. Unless it can be shown that the zoning ordinance does not advance the general welfare, or that the ordinance violates constitutional rights or some other controlling statute, the regulation will be upheld.
- Local governments are required to follow their ordinances and apply them consistently. If you believe a local government has not done this, please give us a call to discuss your options. We may assist you in resolving the matter through education, negotiation, mediation and arbitration. Be aware that if you want to appeal any local government’s land use decision, you must strictly comply with the deadlines set forth in local law.
- Local governments must process and decide on development applications within a reasonable time. The amount of time depends upon the specific circumstances, including the complexity of the application, the local government’s staffing levels, and the number of applications being considered. If a reasonable amount of time has passed, an applicant may request that the government issue a decision within 45 days.
- The Vested Rights Rule provides that an applicant for subdivision approval or a building permit is entitled to approval if the application is complete and complies with the zoning requirements in place on the date the application is submitted. Put simply, the vested rights rule means that the government cannot change the zoning rules after an application is filed.
- A local government may require dedication of property (this requirement is called an “exaction”) as a condition to approving a development provided that: (a) an essential link exists between a legitimate governmental interest and each exaction, and (b) each exaction is roughly proportionate, both in nature and extent, to the impact of the proposed development. Determining whether an exaction is proper is highly dependent on the specific facts of the situation and we encourage you to contact the OPRO to discuss your situation so we can be of most help to you.
- Local governments may charge reasonable fees to process an application for a new development. Fees for review of building plans are limited to the lesser of the actual cost to the government to review the application, or 65% of the amount charged for a building permit. Other review fees must be reasonable, and an applicant may request an itemized list showing how the fees were calculated. In addition, a government may charge fees for connecting to utility services.
- Impact fees are one-time charges on new development to help raise revenue for expansion of public infrastructure and facilities necessitated because of the development. Local governments must comply with the procedures and standards of the Impact Fees Act in order to charge any impact fee. Determining the validity of an impact fee is fairly complex and highly dependent on the specific facts of each particular situation, so we encourage you to contact the Ombudsman to discuss your situation so we can be of most help to you.
- Any aggrieved party may participate in public hearings concerning proposed developments. Notices of public hearings are available at local government offices or websites, in certain other public places, and in local newspapers. There are some “routine” zoning decisions or interpretations of a zoning ordinance and certain other matters that are made without a public hearing. Any aggrieved party may appeal a final decision on a proposed development.
- In general, decisions of local governments that impact property owners may be appealed by whoever applies for the land use. In some cases, neighboring property owners and other aggrieved parties also have the right to appeal. Local ordinances, state statutes, and even federal laws affect appeal rights. If a statute or ordinance requires that an appeal be heard by an administrative body before it can be filed in district court, that procedure must be followed. In most land use decisions, the deadline for filing appeals is very short, and it is vitally important that deadlines are not missed. Once the deadline passes, the right to appeal is usually lost, even if the land use decision is incorrect. The safest course is to consult an attorney or the Ombudsman as soon as possible once the decision is issued. Appeals are discussed more fully in the “Find the Law” section. https://propertyrights.utah.gov/
