Tag Archives: Ordinances

Escalante City Reduces Impact Fees

Escalante City Council held a public hearing last evening on Water Impact Fees.  Several residents commented on the proposed rollback from $5,700 to $1,000.  After each Council member voiced their thoughts, Councilman Allen moved, with Councilwoman Torgerson’s 2nd, to lower Escalante City Water Impact Fees to $1,000 and refund the amount over $1,000 paid by 2 residents, making all 10 available meters at the same price.

Mayor Taylor had researched the isse and firmly grasped the scope and spirit of Utah’s Impact Fee Law, making for a focused and knowledgable discussion.  His leadership was much appreciated.

The other part of the public hearing was to abandon the subdivision criteria on the balance of Moqui Gardens allowing for a redivision of the approximate 7 acres into 2 parcels instead of 17 – with much better control of drainage and fewer water meters.

Mayor Taylor commented on the upcoming Budget duscussion and the lower revenues.  The public hearing for the annual budget adoption is June 7th.  There were many other topics discussed.  Click on the link to Escalante City’s Blog (lower right on this page) to see the City’s latest report.

And don’t forget to budget for Lemon/Herb Chicken Dinner with the Potato Valley Lions Club, Saturday, May 26th from 4:30 – 6:30 PM at Town Center Park, during the Heritage Festival.  Meals “to go” available and all proceeds go to the Lions Club for our annual projects like the July 4th celebration and the cost of fireworks.  The meal consists of a huge Lemon/Pepper Roasted Chicken Breast – Dutch Oven Potatoes – Coleslaw – Dessert and a Beverage.    Hope to see you there.

Escalante Business Licenses

With Business Licenses on this week’s Escalante City Council
Agenda, let’s start there.

Business Licensing serves several purposes:

First, it provides public notice that a new business will
start up within the City limits.  When this
occurs within the zoned commercial district it’s simply a way to oversee the
type of business that goes in requiring a license allows the City Council to
make sure it is appropriate, i.e. an adult book store next to a preschool.

Second, if the proposed business is attempting to operate
outside a commercial zone, the Council can decide whether the placement is
appropriate or not.  Third, it’s a means
of accessing taxation for the hotel/motel/RV segment.  Although these revenues are not large, many cities earmark those funds for promotional projects, i.e. Business directory flyers for the traveling public and Welcome Wagon programs.

How the process is set-up is key to helping staff help the
business community.  That is generally
done through existing zoning ordinances.
The Ordinances are there to identify allowed uses.  When a potential business owner requests a license they could be handed an application packet.  Within that could be the current application form, a sheet identifying the process, and a list of allowed uses by zone.  If the use is listed, City Staff can take the
application and fee and issue the license.

If the use is not listed, but considered a conditional use,
that application would need to be placed on the Council agenda for
consideration.  This takes the burden off the staff to make decisions.  They will
issue a license when the Council decides whether it meets the standards or
not.    To accomplish this, the planning and zoning ordinances would need to be altered to reflect the change.  There really is no reason to have planning
and zoning involved.  It is just an additional step that causes the owner time when it could go directly to the council.  City staff should never be put
in the position of advising citizens, recommending or deciding whether a
license or permit is required.  They should ALWAYS be referred to the council if the answer is not spelled out in the ordinances.

For instance, approved uses in the Residential/Commercial
District that encompasses Main Street are:

  • Art Gallery/Antique Shop
  • Bank
  • Food Services – a bakery, delicatessen or restaurant
  • Florist/Gift Shop
  • General retail – barber shop, drug store,
    department store, hardware store, furniture store and grocery store
  • Professional Offices
  • Public buildings
  • Recreation – bowling alley, music store,
    sporting goods store or theater
  • Other uses similar to these permitted uses

These are all uses that you would normally find in the Main
Street district of any city.  Why should they have to be delayed in their process by having to get City Council approval for what is already approved through planning and zoning ordinances?  The staff could simply provide a list of
those permits issued on a monthly basis and post for all to see.

The latest debate over Business Licenses involved a Bed and
Breakfast.  The Council had already given their approval for a building permit for the Conditional Use in a Residential District.  The issuance of a Business
License should have been automatic.  We should be trying to make the process easier, not more complex, longer, or more expensive.

Control is not the only reason for having a permitting process.
But that’s material for another article.

Escalante Town and Its Future

Civics 101

 Ever played the game of Sim City?  It’s a great lesson in governmental oversight and planning and zoning.  Why should we care about how our city runs and what effects it’s success? – because it affects our property values, the makeup of our blocks and the importance of open and honest government.  Government is not here to dictate what we do with our lives, it’s here to establish a level playing field and a set of rules that everyone plays by.  There should not be special rules for special segments of the population – that was Martin Luther Kings premise – equality.

 How Cities (known as political subdivisions of the states) manage those responsibilities determines the quality of life for the residents of the town, the future development of the town, and how the town grows (if it does).  Escalante has experienced a decrease in population due to the lack of employment.  Not an unusual issue for a small, extremely rural town.  There seems to be pressure to throw away all the rules in order to attract new residents and new companies providing more jobs.  You don’t do that by throwing away all the rules.  And you can’t do it as long as you have an official city controlled by the State Statutes. 

 Escalante City Council members, Mayor, City Recorder and Treasurer have taken an oath of office to “uphold the laws of the State of Utah”.  Attempting to disregard planning and zoning requirements, Business Licensing requirements and City Ordinances is in violation of State Law.  I’m going to do a four-part series, of which this is the first, on these issues.  I’ll provide you with state laws and where you can find and read them for yourself.  I’m not going to interpret them for you – you’re smart enough to do that yourself.  But you’ll have the information you need to decide if your elected officials and hired staff are adhering to the scope and spirit of the laws.  And at the end of each edition I’ll offer my own suggestions on what can be done to address these seemingly thorny issues (from totally my perspective).

 I welcome your comments.  I’ll post anything in the way of comments as long as they do not attack any one person individually.  Thanks for reading.