Frequently Asked Questions
From Weber County Wiki
Revision as of 16:54, 1 February 2012 by Jmorris
- What is a land use decision?
- A land use decision is an action taken regarding a land use application by a land use authority. Who the land use authority is, varies based on the type of application, e.g. staff, the planning commission and the county commission all act as land use authority.
- How do I appeal a land use decision?
- All appeals of land use decisions are submitted to the Planning Division prior to the expiration of any appeal period, along with the appropriate fee. Generally, the appeal is a letter with a narrative explaining what land use decision is being appealed and the basis or why it is being appealed that addresses the ordinance approval criteria. The County has determined who the appeal authority will be for the different types of land use decisions.
- Can the decision of the appeal authority be appealed?
- Yes. There can be a judicial review of the records of the appeal authority decisions. No new information will be accepted as part of this review. To find more information on judicial review, consult Utah State Code.
- Does filing an appeal stay the decision of the land use authority?
- No. The filing of an appeal does not stay the decision of the land use authority.
- Where can I find additional information on appeals?
- Utah State Code Title 17 Counties Chapter 27a http://www.le.utah.gov/UtahCode/section.jsp?code=17-27a. The Weber County Zoning Ordinance (Chapter 31) Administration (http://www.co.weber.ut.us/mediawiki/index.php/Administration) has a section on appeals. The Conditional Use, Hillside Development Review Procedures and Standards and the Board of Adjustment chapters also have a section on appeals. (http://www.co.weber.ut.us/mediawiki/index.php/Conditional_Uses, http://www.co.weber.ut.us/mediawiki/index.php/Board_of_Adjustment). Chapter 1 of the Subdivision Ordinance has a section on appeals of a subdivision.
- What are the deadlines for submitting a Planning Commission application?
- Applications to the Planning Commission need to be submitted 30 days prior to the Planning Commission meeting. The Western Weber County Planning Commission meets on the second Tuesday of every month and the Ogden Valley Planning Commission meets on the fourth Tuesday of every month.
- Can I rent my house on a nightly basis?
- Most zones in the unincorporated county do not allow single family dwellings to be rented on a nightly basis. To find out if you are in a zone that allows nightly rentals as a conditional use, please contact the Planning Division at (801)399-8791. If your zoning allows nightly rentals, please ask about the application requirements.
- Can I construct an accessory or “mother-in-law” apartment on my property?
- Accessory apartments as part of a single family residence are allowed as a conditional use in any zone in which single family dwelling units are allowed. The following link gives the requirements for accessory apartments: http://www.co.weber.ut.us/mediawiki/index.php/Accessory_Apartments.
- What is the process for obtaining documents that are part of the public record?
- The state program is the Government Records Access and Management Act (GRAMA). To obtain information that is part of the public record a GRAMA request form needs to be filled out, with the amount that you are willing to spend for the copies and in what format you want the records. Many of the records are online such as minutes and agendas. There are records that are copy right protected such as drawings from engineering firms. Fees for GRAMA request can be found at http://www.co.weber.ut.us/mediawiki/index.php/Planning_Fees.
- Can I submit applications or obtain information electronically?
- At this time the Planning Division does not have the ability to accept applications and supporting documents electronically, nor does the Planning Division have the ability to send out updates on projects. This capability is being developed. Planning Division application forms can be found at http://www.co.weber.ut.us/mediawiki/index.php/Planning.
- What are the differences between a permitted use and a conditional use?
- Permitted uses are uses allowed in a zoning district, but may require a Design Review of the proposal. Conditional Uses are uses that have been determined to be a desirable use in a particular zone; however, these uses may be subject to discretionary requirements to mitigate impact created by the use. The Planning Commission has the authority to issue Conditional Use Permits.
- Can I schedule an appointment to meet with a planner?
- Yes. If you know the planner that you want an appointment with you can contact them directly, or call the main Planning Division number at (801)399-8791 to schedule an appointment.
- Who should I contact about zoning ordinance violations and can I remain anonymous?
- Zoning violations are investigated on a complaint driven basis. To report violations contact the Code Enforcement Officer, Iris Hennon, at (801)399-8762, or e-mail at email@example.com. You do not have to give your name when filing a complaint. However, if the case goes to court, you may be asked to testify.
Land Use Permit
- What is a Land Use Permit and when do I need one?
- A Land Use Permit is a verification of zoning standards for building permit, business licenses etc. The Land Use Permit indicates zoning setback requirements and conditions that may be associated with the use. A Land Use Permit is required prior to a Building Permit being issued.
- Is a Land Use Permit needed for a fence? Shed? Barn? Sign?
- Yes. Any structure that requires a building permit excluding remodels is required to have a Land Use Permit. Examples are such things as a sports court, parking pad within a side yard setback, covered patios, shed, etc.
- Will I receive notice of a project near my property?
- There is no requirement in State Code for notice to be sent to adjacent property owners. The county policy to send a courtesy notice on most application types to property owners within 500 feet of the subject property.
- Why wasn’t I notified of my neighbor’s subdivision proposal?
- There may be several reasons why you did not receive notice. The most common reasons are being outside the 500 foot notice radius or incorrect address information on the tax record.
- How do I make application to be on the Planning Commission?
- Applications are available at the Planning Division office and on line. Generally one or two terms are up for consideration each year. When vacancies arise, the County Commission will accept applications to fill the vacancies. The applications can be found online. The applications are reviewed by the County Commission; may be interview applicant. The County Commission then makes appointments to the Planning Commission.
- Who is on the Planning Commission?
- The members of the Planning Commission are residents of the unincorporated areas of Weber County and serve a four year staggered term.
- When does the Planning Commission meet?
- Two Planning Commissions serve the unincorporated areas of Weber County. The Western Weber County Township Planning Commission meets on the second Tuesday of every month at 5:00 p.m. and the Ogden Valley Township Planning Commission meets on the fourth Tuesday of every month at 5:00 p.m. A work-session is held on the first Tuesday of every month.
- What is the process for submitting comments to the Planning Commission if I cannot attend a meeting?
- Communication to the Planning Commission can be addressed to the Planning Division. Letter, fax, or e-mail must be submitted and arrive 8 days in advance of the Planning Commission meeting to ensure there is time for review and to place comments in the Planning Commission packets.
- Do I have a buildable lot?
- If your lot is part of a platted subdivision (e.g., has a property description similar to “All of lot 10 of Whatever Subdivision”) and the property lines have not been altered, then the lot is buildable, if all other county requirements can be met, such as water and sewer. If the lot is not part of a subdivision, then you need to contact the Planning Division, fill out a GRAMA form and an application to have a planner do the research to determine if a home could be built.
- What is a Rebuild Letter?
- Rebuild Letters are a service provided to homeowners and financial institutions seeking to know if a property is eligible for a Land Use Permit and a building permit. This information can help a homeowner when considering a sale or refinance of their dwelling. Many lending institutions require a letter indicating the ability of a home to be rebuilt in the event it is destroyed. They will not finance or refinance a loan without it. Rebuild Letters only confirm the legal existence of a lot, not the existing structures or uses on the property.
- How can I obtain a Rebuild Letter in case my home burned down?
- You can obtain a rebuild letter by contacting the Weber County Planning Division for an appointment to meet with a planner and request a GRAMA form requesting a Rebuild Letter. There are fees associated with the research that is required in determining if a Rebuild Letter can be issued. Rebuild Letters can take a couple of weeks to finalize.
- Why do I have to do a subdivision? What are the requirements and how long will it take?
- Utah State Code defines any division of land is as a subdivision. The Weber County Subdivision Ordinance (http://www.co.weber.ut.us/mediawiki/index.php/Subdivision_Ordinance) gives the requirements for a subdivision. Many variables affect process times for subdivisions, such as the number of lots, required improvements, and County agency requirements.
- My parents want to give me some of their land to build a home, what is the process?
- Utah State Codes do not allow an exemption from subdivision plat requirements for land given to a family member. A subdivision is required.
- Where do I find the links to the upcoming Planning Commission agenda packet?
- The link to the Western Weber County Township Planning Commission agenda can be found at http://www.co.weber.ut.us/mediawiki/index.php/Western_Weber_Agendas_%26_Minutes and the link to the Ogden Valley Township Planning Commission agenda can be found at http://www.co.weber.ut.us/mediawiki/index.php/Ogden_Valley_Agendas_%26_Minutes.
- How can I obtain a copy of the staff report for a pending land use application?
- A link to the meeting packet is located at the bottom of each meeting agenda on this website.
- Where can I obtain a fee schedule?
- The link to the fee schedule is at http://www.co.weber.ut.us/mediawiki/index.php/Planning_Fees.
- Can I be notified when agendas are posted?
- The Planning Division does not have the ability to send out notices when agenda’s are posted. A week prior to the Planning Commission meetings; agenda packets are sent to the Planning Commission members, and at that time the information is placed on the Planning Division’s website. The State of Utah Public Notice website at the following link (http://www.utah.gov/pmn/index.htm) has the ability to send out a notice when agenda’s are posted.
- How do I get maps and aerial photos?
- There are two ways to get maps and aerial photos. The first is by going to the following link http://www.co.weber.ut.us/gis/interactive.php. This link will take you to Weber County interactive map website where you can access maps and aerial photos. The second is to contact the County Engineering Division at (801) 399-8374; or visit their website at http://www.co.weber.ut.us/mediawiki/index.php/Engineering.
- What is zoning?
- Zoning is the basic tool for community general plan implementation. Zoning is an attempt to assure a compatible interrelationship of land uses in such a way that the community goals for health, safety, morals, and general welfare are promoted. Zoning laws identify how land may be used including a list of allowed uses and development standards, e.g., building setbacks. Zoning in Weber County is categorized into agricultural, residential, commercial, and manufacturing zones. The Weber County Zoning ordinance can be found at http://www.co.weber.ut.us/mediawiki/index.php/Zoning_Ordinance.
- Where can I find an online zoning map?
- An Interactive Planning Map can be found at http://www.co.weber.ut.us/planning_commission/map. This map has a zoning layer, among many other layers and forms of information, which can be turned on and displayed for the unincorporated areas of Weber County only. More detailed zoning maps and other zoning related information can be obtained by contacting the Weber County Planning Division at (801)399-8791.
- Who should I contact with zoning questions?
- The Weber County Planning Division can answer zoning questions for the unincorporated areas of Weber County. You can contact the Planning Division at (801)399-8791.
- If I live in a city why can’t I find zoning for my property on the Weber County zoning map?
- Each city has adopted their own zoning maps and zoning regulations. If your property is in a city, please contact the respective city for zoning information.