Community Workshop Minutes
April 22, 2024
7:00 PM
6590 N 2400W
Amalga, Utah
Planning and Zoning Members Present: Jason Munk, Kelly Noble, April Hansen, Judy Downs, Members. Dave Lee, Secretary//Town Board
The minutes for this meeting will be more general in nature as there were many people who commented. I will try and include the most important issues here. There is a recording, it's about an hour and a half. If anyone would like a copy, please contact me at 435-881-0552. I know I can download it onto a flash drive, and possibly even email it to you.
There were approximately 65 persons in attendance. All were members of the community. Jason Munk was the spokesperson. This workshop was held to discuss certain issues in the town where there were violations of the town code. It was held so that members of the town could be made aware of some of these violations, and to get input as to solutions.
Jason started out be reviewing the Amalga Town Website.
He then moved to housing issues.
These are the points Jason printed out for those in attendance for discussion
Amalga Workshop
Amalgatown.org
April 22, 2024
Requirements for building a single family dwelling
2.41 Dwelling, Single Family
A building arranged or designed to be occupied by only one family; a structure having only one dwelling unit.
7.2.2 Permitted Uses in Residential Ag, Ag, and mixed use zones
The following uses of land are permitted in the Residential - Agricultural Zone:
a.) Single family dwellings - detached. Subject to approval of the septic system by the Board of Health.
7.2.6 Number of Dwellings Per Lot
Not more than one single-family dwelling may be placed on a lot in the RA - zone. A single attached accessory apartment may be allowed.
7.2.4 Minimum Lot Size and Open Space
The minimum lot size for dwellings and other buildings constructed within the Residential - Agricultural Zone shall be 1 acre.
7.2.5 Lot Frontage
All lots developed for residential use in the RA - Zone shall abut along the right-of-way line of a public street for a minimum distance of 150 feet.
Mobile Homes in Amalga
8.1 Mobile Home Use
Mobile Home Use: A mobile home may be approved as a conditional use in zones Residential- Agricultural, Residential, and Residential-Mixed-use, but strictly and only under the following conditions:
1. To provide a temporary residence for an individual and that individual's family on the construction site during the course of construction of an approved permanent dwelling by or for that individual provided that the mobile home be removed within 90 days of the occupancy of the permanent dwelling. Such period of time shall not extend beyond one year after the approval of the temporary placement of the mobile home, 'but may be renewed upon the request of the individual if construction of the home is underway and the Planning Commission determines that circumstances warrant a renewal.
2. To provide a temporary residence for a bonafide farm worker provided that:
3. To provide temporary housing for members of the immediate family of the property owners (immediate family meaning parents, children, brothers, or sisters) where an emergency situation exists which requires special attention as determined by the Planning Commission.
Accessory apartments
3.16 Accessory Apartments within Residential Dwellings (rev. 6-13-07)
Any request for single accessory apartment such as basement, attic or garage apartment within a residential dwelling must be reviewed and approved by the Planning and Zoning Commission. A single-family, owner occupied dwelling may have one single-family accessory apartment within the dwelling. A single Accessory Apartment within a residential dwelling is a permitted use in all zones, however, the following criteria must be established to the satisfaction of the planning and Zoning Commission prior to Zoning clearance issuance or the use shall become conditional, and a conditional use permit shall be required.
3.16.1 Size
The maximum size for a single accessory apartment shall be 1000 square feet. This amount shall be included in the total square footage calculations for the single-family owner occupied residential dwelling where it is to be located.
3.16.2 Ownership of the Residential Dwelling
The primary residential dwelling of any single-family home containing an accessory apartment must be occupied by the owner of the home. If the primary dwelling has been rented, leased, or loaned to another single family, or other legally authorized tenant under this code, then the accessory apartment may not be independently rented or leased.
6.3 Occupancy Permit
Land, buildings, or premises in any district shall hereafter be used only for a purpose permitted in such a district and in accordance with the appropriate regulations. A permit of occupancy shall be issued by the Building Official to the effect that the use, building, or premises conform to provisions of this and all related ordinances, regulations, and requirements prior to occupancy, for any building erected, enlarged or altered structurally for the occupancy or use of any land. Such a permit is needed whenever use or character of any building or land is to be changed.
Current problems in Amalga
-Mobile home residency
-Rental multi-family housing ie. Rental duplexes
-Out buildings being used as an accessory apartment
-Do we want to allow this and make changes to the code for future growth in Amalga based on the current housing situation?
6.7 Penalties and Enforcement
The provisions of this Code may be enforced by either civil or criminal actions in courts of appropriate and competent jurisdiction. Suit may be brought by the Town, or by affected property owners in the manner set forth below:
6.8 Violations
Violations of this Code are Class 'C' misdemeanors, and are punishable by a fine and/or imprisonment. The officers and directors of a corporation shall be responsible for the acts
If no changes are made to the code then action will take place to help property owners come into compliance with the town code. What would be a fair penalty?
He reviewed single family dwellings and what they are.
We live in a community with zoning rules. Three zones in Amalga. Differences between zone. No more than 1 single family dwelling may be placed on a lot. A single attached accessory is allowed.
Why do we have three zones? Question not answered.
3.16, Accessory Apartments within Residential Dwellings was discussed. Accessory Apartment requests must be reviewed by Planning and Zoning. Maximum size of 1000 square feet.
3.16.2, Ownership of the Residential Dwelling was discussed.
Problem with separate outbuildings being rented out to families.
6.3 Occupancy Permit.
8.1 Mobile Homes. Three allowances. While building a private home, while being a bona fide farm worker, temporary housing for immediate family members during an emergency situation.
A lot of discussion on Accessory Apartments.
Owner occupancy seemed to be a focus point.
There was a comment that 3.16.2 and 7.2.6 seemed to be in conflict with one another.
What are penalties for violation of codes.
Penalties for violation could be Civil or Legal action.
SBN 174 could have an impact on Amalga, as to high density areas. May not apply to a town the size of Amalga.
We have to be careful of changing the book, as the impact of changes several years from now may not be apparent at this time.
Do we know the water capacity of the town in regards as to how many homes will our water supply support.
Will a sewer system increase growth.
One acre lots support a septic system.
Is 1000 square feet enough for an attached accessory dwelling?
6.8 of the Town Code covers violations and punishments.
Focus on compliance and not punishments.
Straw poll of having detached accessory building. More did not want it.
This book has made Amalga what it is.
If we don't enforce the book, then why have it.
What about Abnb?
Currently not addressed by the Code. Possibly needs to be updated as to this.
Make contact with violators before involving attorneys.
Mark Cowley explained tiers of water. More people will move the town up to another tier which can involve additional costs for the town.
Some situations are grandfathered.
If you want to change the code, the Planning and Zoning members are willing to help you in writing an amendment. May not be passed as you would like it, maybe not passed at all, but it is a way to start.
Public hearing before Planning and Zoning, and a Public Hearing before the Town Board.
Notice of Special Accommodations (ADA)
In compliance with the Americans with Disabilities Act, individuals needing special accommodations (including auxiliary communicative aids and services) during this meeting should notify Dave Lee 435-881-0552 .