CHAPTER 1.35
INDUSTRIAL AND AGRICULTURE PROTECTION AREA


Sections:

1.35.005 Purpose.
1.35.010 Application Required.
1.35.015 Submission of Application.
1.35.020 Form and Content of Required Documents.
1.35.025 Public Notice.
1.35.030 Designation of Industrial and Agriculture Protection Area Advisory Board.
1.35.035 Review and Approval Procedures.
1.35.040 Factors to be Considered.
1.35.045 Adding Land to or Removing Land from Industrial and Agriculture Protection Areas.
1.35.050 Review of Industrial and Agriculture Protection Areas.
1.35.055 Limitation on Zoning Regulations.
1.35.060 Nuisances.
1.35.065 Eminent Domain Restrictions.
1.35.070 Appeals.

1.35.005 PURPOSE.
The purpose of an Industrial Protection Area and an Agricultural Protection Area is to protect industrial and agricultural operations from nuisance complaints, rezoning, and unreasonably restrictive State and local actions. To educate and raise awareness of developers and new residents within the City that protection areas shall be protected from any adverse affects of development and help ensure the right to continue such industrial and agricultural operations in Tremonton City.

1.35.010 APPLICATION REQUIRED.
An application shall be required for property that is being proposed be designated as  an Industrial Protection Area or an Agricultural Protection Area.

1.35.015 SUBMISSION OF APPLICATION.
An application to create an Industrial Protection Area or an Agriculture Protection Area shall be filed with the City Recorder.

A. Only property owners or their duly authorized agents shall submit an application to create an Industrial Protection Area or Agriculture Protection Area on forms approved by the City.

B. Industrial and Agriculture Protection Area qualification.

1. In order to qualify for protection under this Chapter there shall be a minimum of six and one half (6½) contiguous acres whereon active industrial operations are to be designated an Industrial Protection Area. The proposed Industrial Protection Area may include, within its boundaries, land that is used for roadways, dwelling sites, parks, or other non-industrial use in accordance with UCA 17-41-301(3

2. In order to qualify for protection under this Chapter there shall be a minimum of twenty and one half (20½) contiguous acres whereon active agriculture operations are within an area to be designated an Agriculture Protection Area. The proposed Agriculture Protection Area may include, within its boundaries, land that is used for roadways, dwelling sites, parks, or other non-agricultural use in accordance with UCA 17-41-301(3).

C.  No Industrial Protection Area or Agriculture Protection Area application shall be processed without the submission of an application and all the supporting materials as required by this Chapter. Incomplete applications shall not be processed under any circumstances.

D.  In accordance with UCA 17-41-301(1)(b), the application shall be signed by a majority in number of all owners of real property, and the owners of a majority of the land area in agricultural production or industrial use, within the proposed Agriculture Protection Area or Industrial Protection Area, respectively. The application sponsors shall have the burden of showing that the requirements of this Section have been met.

E. The application for Industrial or Agriculture Protection Area approval shall include the following:

1. All documents required in Section 1.35.020 below.

2. Payment of the applicable fee as set by Resolution of the City Council.

F. The Zoning Administrator shall determine whether the application meets the requirement of this Chapter.

1.35.020 FORM AND CONTENT OF REQUIRED DOCUMENTS.
The Industrial or Agriculture Protection Area application shall be submitted with the materials listed in this Section. The Zoning Administrator may determine and require  additional items not listed herein to be submitted in order to evaluate the proposed application.

A. A plat map showing the boundaries of the land proposed to become part of an Industrial Protection Area or Agriculture Protection Area;

B. Any limits on the type of industrial operation or agriculture operation to be allowed within the Industrial Protection Area or Agriculture Protection Area;

C. The names of the owners of record of the land proposed to be included within the Industrial Protection Area or Agriculture Protection Area and the tax parcel number of each parcel; and

D. The number of acres of each parcel within the Industrial Protection Area or Agriculture Protection Area.

1.35.025 PUBLIC NOTICE.

A. Notice of Proposal for Creation of Protection Area- Responses.  In accordance with UCA 17-41-302 the City Council shall provide notice of the application to create an Industrial Protection Area or Agriculture Protection Area by:

1. Publishing notice in a newspaper having general circulation within the City and posting notice at five (5) public places within or near the proposed Industrial Protection Area or Agriculture Protection Area.

2. Mail written notice to each property owner of land within one-thousand (1,000) feet of land proposed for the inclusion within an Industrial Protection Area or Agriculture Protection Area.

a. The notice shall contain:

3. A statement that an application for creation of an Industrial Protection Area or Agriculture Protection Area has been filed with the City Council;

4. A description of the proposed Industrial Protection Area or Agricultural Protection Area;

5. A statement that the application shall be open to  public inspection at City Hall, and the times when the application shall be available for inspection;

7. A statement that any person or entity by the establishment of the area may, within fifteen (15) days of the day of the notice, file with the City Council:

a. Written objection to the application; or

b. A written request to modify the application to exclude land from or add land to the proposed Industrial Protection Area or Agriculture Protection Area.

6. A statement that the City Council shall submit the application to the Box Elder County Advisory Board and the City Planning Commission for review and recommendations; and

7. A statement that the City Council shall hold a public hearing to discuss and hear public comment on:

a. The application to create an Industrial Protection Area or Agriculture Protection Area;

b. The recommendations of the Box Elder County Advisory Board and the City Planning Commission;

c. Any request for modification of the application and any objection to the application and;

d. The date, time and place of the public hearing on the application (the City Council shall schedule the public hearing for the next City Council meeting after forty-five (45) days from the date that the City Council forwarded the application to the Box Elder County Advisory Board and the City Planning Commission, which is anticipated to be fifteen days from the date of the public notice, see UCA 17-41-303(1)).

8. Any person wishing to modify or object to the application for the creation of the Industrial Protection Area or Agriculture Protection Area shall, within fifteen (15) days of the date of the notice, file a written request for modification of the application which identifies specifically the land to be added to or removed from the application or state the reason for their objection.

B. Notice of Public Hearing.  In accordance with UCA 17-41-304 (b) the City Council shall provide notice of the public hearing by:

1. Publishing notice in a newspaper having general circulation within the City and posting notice at five (5) public places within or near the proposed Industrial Protection Area or Agriculture Protection Area.

2. Posting Notice on the Utah Public Notice Website.

3. Mail written notice to each property owner of land within one-thousand (1,000) feet of land proposed for the inclusion within an Industrial Protection Area or Agriculture Protection Area.

a. The notice shall contain:

1. The date, time and place of the public hearing on the application;

2. A description of the proposed Industrial Protection Area or Agricultural Protection Area;

3. Any proposed modifications to the proposed Industrial Protection Area or Agriculture Protection Area;

4. If applicable, a summary of the recommendations of the Box Elder County Advisory Board and the City Planning Commission; and

5. A statement that interested person may appear at the public hearing and speak in favor of or against the proposal, and proposed modifications to the proposal, or the recommendations of the Box Elder County Advisory Board and the City Planning Commission.

1.35.030 DESIGNATION OF INDUSTRIAL AND AGRICULTURE PROTECTION AREA ADVISORY BOARD. As required by Utah Code, the City shall rely upon the Box Elder County Commission to appoint members to an Industrial and/or Agriculture Protection Area Advisory Board.

1.35.035 REVIEW AND APPROVAL PROCEDURES.

A. After fifteen (15) days of the date of the notice, described in 1.35.025 Public Notice, the City Council shall simultaneously refer the application and any objections or proposed modifications to the application to the Box Elder County Advisory Board and the City Planning Commission for their review, comments, and recommendations.

1. Within forty five (45) days after the receipt of the application the Planning Commission shall submit a written report to the City Council that:

a. Analyzes and evaluates the effect of the creation of the proposed areas on planning policies and objectives of the City.

b. Analyzes and evaluates the application by applying the criteria contained in Section 1.35.040;

c. Recommends any modifications to the land to include within the proposed Industrial Protection Area or Agriculture Protection Area;

d. Analyzes and evaluates any objections to the application; and

e. Includes a recommendation to the City Council to either accept, accept modify, or reject the application.

2. In accordance with UCA 17-41-303(2)(c), the City Council shall consider a failure of the Planning Commission or the Box Elder County Advisory Board to submit a written report within forty five (45) days under Subsection A. as a recommendation of that Commission or Board to approve the  application as submitted.

B. After receipt of the written report from the Box Elder County Advisory Board and the Planning Commission or after the 45 days have expired, whichever is earlier, the City Council shall:

1. Schedule a public hearing;

2. Provide notice of the public hearing in accordance with Section 1.35.025 B.

C. The City Council shall convene the public hearing at the time, date, and place specified in the notice; and take verbal or written testimony from interested persons.

D. Within one-hundred twenty (120) days of the submission of the application the City Council shall approve, modify and approve, or reject the application, or may take any other action allowed by applicable laws.  The consideration of an Industrial Protection Area or Agriculture Protection Area is a Legislative Decision.  The adoption of the Industrial Protection Area or Agriculture Protection Area shall be done by ordinance which ordinance shall contain the legal description of the Industrial Protection Area or Agriculture Protection Area.

1. The creation of an Industrial Protection Area or Agriculture Protection Area is effective at the earlier of:

a. The City Council’s approval of an application; or

b. One-hundred twenty (120) days after the submission of an application complying with Section 1.35.015 if the City Council has failed to approve, or reject the application within that time.

E. In order to give constructive notice of existence of the Industrial Protection Area or Agriculture Protection Area to all persons who have, may acquire, or seek to acquire an interest in the land adjacent to the Industrial Protection Area or Agriculture Protection Area within ten (10) days of the creation of an Industrial Protection Area or Agriculture Protection Area the City Council shall file an executed document containing a legal description of the Industrial Protection Area or Agriculture Protection Area with the

1. County Recorder; and

2. the City Planning Commission.

a. If a legal description of the property being included within the Industrial Protection Area or Agriculture Protection Area is available through the Box Elder County Recorder’s office, City Council shall use that legal description in its executed document.

F. Within ten (10) days of the recording of the Agriculture Protection Area the City Council shall:

1. Send written notification to the Commissioner of Agriculture and Food that the agriculture protection area has been created; and

2. Include in the notification:

a. The number of land owners owning land within the agriculture protection area;

b. The total acreage of the area;

c. Date of approval of the area; and

d. Date of recording.

G. The City Council’s failure to record the notice required under Subsection E or send notification under Subsection F does not invalidate the creation of the agriculture protection area.

H. The City Council may consider the cost of recording the notice under Subsection E and the cost of sending notification under Subsection F in establishing a fee for the application.

1.35.040 FACTORS TO BE CONSIDERED. In evaluating an application and determining whether or not to create or recommend a creation of an Industrial Protection Area or Agriculture Protection Area, the Planning Commission and the City Council shall apply the following criteria as contained in Utah Code Section 17-41-305.

A. Whether or not the land is currently being used for Industrial or Agriculture production;

B. Whether or not the land is zoned for Industrial or Agricultural use;

C. Whether or not the land is viable for Industrial or Agricultural production;

D. The extent and nature of existing or proposed farm or land improvements or the extent and nature of the existing or proposed improvements to or expansion of the industrial use; and

E. Anticipated trends in Industrial or Agricultural, and technological conditions.

1.35.045 ADDING OR REMOVING LAND FROM INDUSTRIAL PROTECTION AREA OR AGRICULTURE PROTECTION AREA.

A. Any owner may add land to an existing Industrial or Agriculture protection area by

1. Filing an application with the City Council; and

2. Obtaining approval of the City Council for addition of land to the area.

The City Council shall comply with the provisions of Utah Code 17-41-306 for creating an Industrial or Agriculture Protection Area and determine whether or not to accept the application.

B. Any owner may remove land from an Industrial or Agriculture Protection Area by filing a petition for removal of the land from the Industrial or Agriculture Protection Area with the City Council.

1. The City Council shall:

a. In accordance with UCA 17-41-306(2)(b), grant the petition for removal of land from an Industrial or Agriculture Protection Area even if removal of the land would result in an Industrial or Agriculture Protection Area less than the number of acres established by the City Council as the minimum under Section 1.35.015 B.

b. In order to give constructive notice of the removal to all persons who may acquire or may seek to acquire an interest in the land or adjacent to the Industrial or Agriculture Protection Area and the land removed from the Industrial or Agriculture Protection Area, the City shall file a legal description of the revised boundaries of the Industrial or Agriculture Protection Area with the Box Elder County Recorder and the City Planning Commission.

c. The remaining land of the Industrial or Agriculture Protection Area shall remain an Industrial or Agriculture Protection Area.

1.35.050 REVIEW OF INDUSTRIAL PROTECTION AREAS AND AGRICULTURE PROTECTION AREAS.

A. Pursuant to UCA 17-41-307, in the twentieth (20th) calendar year after its creation, each Industrial and Agriculture Protection Area shall be reviewed by the City Council.

B. In the twentieth (20th) year the City Council shall:

1. Request the City Planning Commission and Box Elder County Advisory Board to submit recommendations about whether the Industrial or Agriculture Protection Area, as the case may be, should be continued, modified, or terminated;

2. At least one-hundred twenty (120) days before the end of the calendar year hold a public hearing to discuss whether the Industrial or Agriculture Protection Area as the case may be, should be continued, modified, or terminated;

3. Give notice of the hearing using the same procedures required by Section 1.35.025; and

4. After the public hearing continue, modify, or terminate the Industrial or Agriculture Protection Area.

If the City Council modifies or terminates an Industrial or Agriculture Protection Area it shall file an executed document containing a legal description of the Industrial or Agriculture Protection Area with the County Recorder.

C. If the City Council fails affirmatively to continue, modify or terminate the Industrial or Agriculture Protection Area in the twentieth (20th) calendar year, the Industrial or Agriculture Protection Area is considered to be re-authorized for another twenty (20) years.

1.35.055 LIMITATION ON ZONING REGULATIONS.

A.  In accordance with UCA 17-41-402, the City shall not change the zoning designation of or zoning regulations affecting land within an Industrial Protection Area or Agriculture Protection Area unless:

1.     Unless the law, ordinance, or regulation bears a direct negative relationship to public health or safety.

2.  It receives written approval for the change from all of the land owners within the Industrial Protection Area or Agriculture Protection Area affected by the change or the regulations bears a direct relationship to the public health or safety.

1.35.060 NUISANCES.

A. In accordance with UCA 17-41-403 any Industrial or Agriculture activity or operation within an Industrial or Agriculture Protection Area conducted using sound Industrial or Agriculture practices shall not be defined as a public nuisance, unless the activity or operation bears a direct relationship to public health or safety.

B. For any new subdivision development located in whole or in part within one-thousand (1000) feet of the boundary of an Industrial Protection Area or three-hundred (300) feet of the boundary of an Agriculture Protection Area, the owner of the development shall provide notice on any plat filed with the County Recorder the language in UCA 17-41-403 (4).

1.35.065 EMINENT DOMAIN RESTRICTIONS.
Any political subdivision having or exercising eminent domain powers shall adhere to the restrictions and process contained in UCA 17-41-405.

1.35.070 APPEALS.

A. The Appeal Authority and deadline for filing an appeal of a Industrial Protection Area or Agricultural Protection Area shall be as follows:

1. First Appeal. Person has thirty (30) days to appeal the decision of the City Council to District Court. (See Utah Code 10-9a-801)

2. Second Appeal. None.

 

ORD 15-06