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AN ORDINANCE OF THE COUNCIL OF THE CITY OF DELTA, STATE OF UTAH, AMENDING THE OFFICIAL ZONING MAP OF DELTA CITY.

The City Council of the City of Delta, Utah, referred to herein as the “City Council”, recites the following as the basis for enacting this Ordinance. RECITALS

A. The “Municipal Land Use, Development, and Management Act,” as set out in Utah Code Ann. §§ 10-9a-101 et seq., as amended (the “Act”), provides that each municipality of the State of Utah may enact land use ordinances and a zoning map establishing regulations for land use and development within the municipality;

B. Pursuant to the Act, Delta City has enacted land use ordinances set out primarily, but not limited to, Title 12 of the Revised Ordinances of Delta City (1981 Edition), as amended (the “Ordinances”) and, pursuant to the Ordinances, an Official Zoning Map to guide the orderly development and use of property within the City;

C. From time to time it is necessary to review and amend the Official Zoning Map to keep pace with development within the Town;

D. The proposed amendment to the Zoning Map contemplated by this Ordinance has been reviewed by the Delta City Planning Commission and the Delta City Council, and all appropriate public hearings have been held in accordance with Utah State law and the Ordinances to obtain public input regarding the proposed amendment to the Zoning Map;

E. The Delta City Planning Commission has reviewed and made a recommendation to the City Council concerning the proposed amendment to the Official Zoning Map of Delta City, and the City Council has found the proposed amendment to be consistent with the City’s General Plan and the criteria/required findings by Section 12-3-1(E) of the Ordinances are satisfied; and

F. The City Council finds that a public hearing before the City Council as allowed by Section 12-3-1(D) is not necessary;

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Delta, Utah: Section 1. Zoning Map Amendment.

The following described real properties within Delta City, Millard County, State of Utah, previously zoned A-1 and shown on the Delta City Zoning Map are hereby changed to R-1-A-NM: BEGINNING AT THE SOUTH ONE QUARTER CORNER OF SECTION 6, T17S, R6W, SLM; THENCE NORTH 01°34’07” EAST ALONG QUARTER SECTION LINE 1398.79 FEET; THENCE SOUTH 83°56’09” EAST 551.99 FEET ALONG THE SOUTH BOUNDARY OF CANAL ACCESS ROAD; THENCE SOUTH 01°34’07” WEST 1344.49 FEET TO THE SECTION LINE; THENCE NORTH 89°34’48” WEST 550.40 FEET ALONG SAID SECTION LINE TO THE POINT OF THE BEGINNING. CONTAINING 17.35 ACRES.

Section 2. Severability. To the extent that any section, part or provision of this Ordinance is held invalid or unenforceable, such invalidity or unenforceability shall not affect any other portion of this Ordinance, and all sections, parts and provisions of the Ordinance shall be severable. Section 3. Repeal of Conflicting Resolutions. To the extent that any ordinances, resolutions or policies of the City of Delta conflict with the provisions of this Ordinance, such ordinances, resolutions or policies are hereby amended to be in accordance with the provisions hereof.

Section 4. Effective Date. This Ordinance shall become effective upon publication.

Section 5. Publication. This Ordinance or a summary thereof is ordered published in the Millard County Chronicle Progress, a newspaper having general circulation within the City of Delta, Utah.

PASSED AND ADOPTED by the City Council of the City of Delta, State of Utah on the 16th day of January, 2014 by the following Vote: Aye Nay Abstain Absent Robert W. Banks Kiley J. Chase John W. Niles Steven R. Pratt Betty Jo Western __________ GAYLE K. BUNKER MAYOR __________ GREGORY JAY SCHAFER, MMC CITY RECORDER

Published in the Millard County Chronicle Progress March 26, 2014