City Zoning & Code Enforcement

WHO IS RESPONSIBLE FOR SEEING THAT EQUAL AND FAIR TREATMENT IS GIVEN TO ALL

January 30^th Council Meeting brings forth a request to consider approval for amendment to the City Zoning Regulations, section 10-10-5: K to modify the requirements for MIXED USE projects in C-4 zone. (This may change the face of our city). Continued for further study and final version.

A request to consider approval to hire an architect and engineer for the design and engineering of the Electric Theater Restoration/Renovation project. (Does this answer Performing Art’s Needs)   

UTAH ZONING LAW- Introduction States:  Within . . .zoning districts, the (local) legislative body MAY regulate and…..restrict…..the erection, construction, reconstruction…..alteration…..repair…..or use of buildings and structures, and the use of land. (What and HOW has our City regulated?)

Utah Zoning Law empowers cities to divide or “ZONE” the territory within their boundaries into DISTRICTS and to regulate land uses therein. Code Enforcement is an integral component of how CITY regulates and keeps OUR house in order in a fair and impartial way. HOW is YOUR immediate residential area represented……SHOULD  the city be identified by DISTRICTS and should/or would your neighborhood benefit by having Elected District representation (City Council) to INSURE YOUR neighborhood/community is getting the attention it needs and deserves?

ALL TO OFTEN we hear that the Rich and Powerful…..those with “Influence” are the squeaky wheel that gets the grease……DO you or SHOULD you have to be an office holder within a Political Party…… An active participant in the local Chamber of Commerce……. An active member of a Civic Organization to get attention to zoning…..And enforcement of City Ordinances?

Do we expect…..LAWS ……That are on the books to be enforced when violations are clearly evident to Police, Code Enforcement Officers, City Manager, City Attorney, Mayor or City Council?  Who IS held accountable?

  …..For example Businesses Conducted in a residential area that are not ZONED for such activity…… Businesses that fail to comply with lot or building   requirements. Does this impact YOUR property values or business interests?

LET US TRY and get a handle on this issue by referring to St. George City Ordinance 1-7A-6: Powers and Duties: (2/1/05 3:50PM)

The city manager shall be the administrative head of the government of the city under the direction and control of the MAYOR and CITY COUNCIL, except as otherwise provided in this article. He shall be responsible for the efficient administration of all affairs of the city which are under his control. In addition to his general powers as the administrative head, and not as a limitation thereon, he shall have the powers set forth in the following sections:

 I will list only section A.  Law Enforcement: It shall be the duty of the city manager to enforce ALL laws and Ordinances of the city. (2/1/05)

 Does a conflict of interest exist in having City Attorney direct/supervise Code Enforcement efforts knowing that he may be called to prosecute cases under his supervision……on Zoning and Ordinance that his office has written….. Perception matters…..Both Politically and in Business interests of city.

Our Federal Government is often criticized for inaction (Selective Enforcement by Attorney General and IRS), but who in Local Government has statutory authority to suspend or arbitrarily prevent Code Enforcement without due process of law?  Are we in effect giving permission to violate ordinances by inaction? (Looking away, choosing not to see.)  If we can’t control local government how can we be expected to do any better with Federal Government.

NOW my friends in order to better understand our zoning and city ordinances I have filed a GRAMA request for city records….. that will shine a light on this issue. So that we might have a feeling for the impact upon a residential section of our city, let us look back to last week’s Planning Commission Meeting in which an applicant for a Commercial Business seeks approval to build at the intersection of 1450 South and River Road.

Would YOU like to see…..  A Giant Smith’s Food King Grocery Store, A Jiffy Lube, A McDonalds Hamburger, or any assortment of commercial business located at this site.  Is this important only to those who live immediately above this commercially zoned site or does this correctly impact the entire surrounding area?

However you may feel about the issues of Zoning and Code Enforcement it is important that citizens be made fully aware of the legislation enacted by the City as authorized by Utah Zoning Laws and to standardize Enforcement efforts.  The light at the end of the tunnel is the Mayors stated goal…..To review and update all city ordinances and improve upon enforcement efforts.  

Forward your concerns to ED BACA.