Agenda Item Title:
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Amendments to Title 21 of the Land Development Code related to Violations, Enforcement and Penalties in the Sensitive Area Overlay Zone
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Presenter:
Melissa Anderson, Zoning Administrator
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Description/Background:
On behalf of Sandy City, the Community Development Department is proposing to amend Title 21, Land Development Code, Chapter 15, Sensitive Area Overly Zone, by adding Section 7, Violations, Enforcement and Penalties. The purpose of the code amendments is to establish an administrative procedure and penalties for enforcement on violations within the Sensitive Area Overlay (SAO) zone. The effect of the code amendment is the creation of an efficient administrative enforcement mechanism to deter violations from occurring and establishing incentives to promptly cure the violation. These amendments have been reviewed by an interdepartmental team consisting of the Community Development, Public Works, and City Attorney Departments. Please see the attached staff reports and exhibits for the full details of this request.
On September 7, 2023, the Planning Commission recommended the City Council adopt the proposed amendments to Title 21, of the Land Development Code, relating to Violations, Enforcement and Penalties in the Sensitive Area Overlay zone as shown in Option #1 - Exhibit “A.”
This item was discussed at the City Council work session on September 26, 2023. At that work session, the City Council requested an intermediate fine amount to be added between minor and major violations. Staff prepared alternative code language to accommodate that request, which is shown as Option #2 - Exhibit “A.”
Recommended Action and/or Suggested Motion:
Recommendation
Recommend the City Council adopt Ordinance 23-18 to amend Title 21, of the Sandy Municipal Code, relating to Violations, Enforcement and Penalties in the Sensitive Area Overlay zone as shown in Exhibit “A” (select Option #1 or #2), 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 the public health, safety and welfare; ensuring consistent and equitable standards; establishing fair procedures that are efficient and effective in terms of time and expense; and by facilitating the orderly growth and development of Sandy City.
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.