Agenda Item Title:
Title
Amendments to Title 21 of the Land Development Code related to removing fines from the Land Development Code (Chapters 11 and 15)
Body
Presenter:
Brian McCuistion, Assistant Community Development Director
Body
Description/Background:
The proposed Code Amendment would amend Title 21, Land Development Code, Chapter 11, Special Use Standards, Section 26, Residential Short-Term Rental (STR) and Chapter 15, Sensitive Area Overlay Zone, Section 7, Violations, enforcement and penalties. The purpose of the code amendment is to remove the fine amounts from the Land Development Code and relocate them within the city’s fee schedule. The proposed code amendments also include some minor text changes associated with removing the fines. The specific amendments to the Land Development Code are included as Exhibit “A” (red-lined version) and Exhibit “B” (clean version) to the staff report.
In 2018 the Sandy City Council adopted Ordinance 18-32 which added provisions for “Administrative Code Enforcement”. This was adopted as a tool to help code enforcement throughout the city. Violations of City Code can be handled as either a civil or criminal case for the violation of any of its ordinances. The city may choose to file both, or one or the other. However, the city has never opted to hire a Hearing Officer until recently. The city is currently going through the process to contract for a Hearing Officer that can help enforce code violations.
In previous years the City Council adopted two ordinances that included specific fine amounts for violating regulations related to Residential Short-Term Rentals (STR) and the Sensitive Area Overlay Zone. The proposed code amendment is intended to remove the fine amounts from the Land Development Code and place them within the city’s fee schedule.
Please see attached staff report for a detailed analysis.
Recommended Action and/or Suggested Motion:
Recommendation
The Sandy City General Plan encourages appropriate development standards for all uses and zoning categories within the city. The proposed code amendment furthers that goal and objective by establishing appropriate land development standards for all uses and zoning categories within Sandy City.
Recommendation
Staff recommends that the Planning Commission forward a positive recommendation to the City Council to amend Title 21 (Chapters 11 and 15), of the Sandy Municipal Code, related to removing fines from the Land Development Code as shown in Exhibit “A”, based on the following findings:
Findings:
1. The City Council may amend land use ordinances consistent with the purposes of the Sandy Land Development Code, the Sandy City General Plan, and the Utah Code, Municipal Land Use, Development, and Management Act per Title 21 Chapter 5 of the Sandy Municipal Code.
2. The proposal is reviewed by the Planning Commission and City Council in accordance with the requirements of Title 21 Chapter 5 of the Sandy Municipal Code.
3. The proposal complies with the purpose of the Land Development Code under Section 21-1-03 by promoting fair procedures that are efficient and effective in terms of time and expense.
4. The proposal complies with the Goals and Policies of the General Plan by establishing appropriate development standards for all uses and zoning categories within Sandy City.