This title has been prepared and adopted in accordance with Utah Code 10-9a Part 5. This title was prepared under the direction of the Planning Commission and following a recommendation from the Planning Commission, adopted by the City Council following a public hearing. (Ord. 10-24-00-1, 10-24-2000; amd. 2013 Code)

1. Adopted: The Planning Commission has prepared and recommended, and the City Council, following a public hearing, has adopted the official zoning map that identifies the zoning districts within the City.
2. Boundaries Of Zones: Where uncertainty exists with respect to the boundaries of various zones, an interpretation of the zoning district boundary shall be determined using the following criteria:
   1. Where indicated boundaries on the zoning map are approximately street centerlines, the street centerline shall be construed to be the zone boundary.
   2. Where the indicated boundaries are approximately lot lines, the lot lines shall be construed to be the zone boundary.
   3. Where land has not been subdivided into lots and blocks, the zone boundaries shall be determined by use of the scale of measurement shown on the map.
   4. Where the indicated boundaries are approximately canals, water courses or bodies, or other clearly defined natural boundaries, the centerlines of the canal or watercourse, or the edge of other clearly defined natural boundaries, shall be construed to be the zone boundary.
   5. Where other uncertainty exists, the Planning Commission shall provide interpretation of the map. The interpretation of the Planning Commission may be appealed in writing to the City Council for a zone boundary interpretation.
3. Map On File; Amendments: The official zoning map can be found in the Office of the City Recorder. If the zoning map is amended in accordance with the requirements found in section 11-3-7 of this chapter, all previous zoning maps are no longer in effect for the purpose of identifying zone district boundaries. (Ord. 10-24-00-1, 10-24-2000)
   

The City Council shall adopt the land use ordinance in accordance with Utah Code 10-9a Part 5. Unless otherwise delegated herein, all final decisions regarding this title shall be by a majority vote of the City Council. As it relates to this title, the City Council shall have the following powers and duties: (Ord. 10-24-00-1, 10-24-2000; amd. 2013 Code)

1. Adopt Ordinance: Adopt the land use ordinance.
2. Initiate Amendments: Initiation of amendments to the text or zoning map.
3. Render Determination: To render, or appoint a Hearing Officer to render, a determination if an applicant asserts a deprivation of, or has been subject to, a taking of property without just compensation or asserts some other invalidity by the passage of this title. (Ord. 10-24-00-1, 10-24-2000)
4. Establish Fee Schedule: To establish a fee schedule for applications for development approval, zone district amendments and all other approvals, permits and licenses required by this title. (Ord. 10-24-00-1, 10-24-2000; amd. 2013 Code)
5. Development Application Consideration: To approve, approve with conditions, remand back to the Planning Commission for further review, or deny land use applications. (Ord. 10-24-00-1, 10-24-2000)
   

1. Variance Procedures:
   1. The Appeal Authority may authorize, upon application, such variances from the terms of this title as will not be contrary to the public interest where, owing to special conditions, the literal enforcement of the provisions of this title will result in unnecessary hardship; provided that the spirit of the title shall be observed and substantial justice done. In determining whether or not a variance should be granted, the Appeal Authority shall strictly adhere to the following standards of review:
      1. Any person or entity desiring a waiver or modification of the requirements of a land use ordinance as applied to a parcel of property that he owns, leases, or in which he holds some other beneficial interest may apply to the applicable Appeal Authority for a variance from the terms of the ordinance.
      2. 1. The Appeal Authority may grant a variance only if:
            1. Literal enforcement of the ordinance would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of the land use ordinances;
            2. There are special circumstances attached to the property that do not generally apply to other properties in the same zone;
            3. Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone;
            4. The variance will not substantially affect the General Plan and will not be contrary to the public interest; and
            5. The spirit of the land use ordinance is observed and substantial justice done.
         2. 1. In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship under subsection A1b(1)(A) of this section, the Appeal Authority may not find an unreasonable hardship unless the alleged hardship:
               1. Is located on or associated with the property for which the variance is sought; and
               2. Comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood.
            2. In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship under subsection A1b(1)(A) of this section, the Appeal Authority may not find an unreasonable hardship if the hardship is self-imposed or economic.
         3. In determining whether or not there are special circumstances attached to the property under subsection A1b(1)(B) of this section, the Appeal Authority may find that special circumstances exist only if the special circumstances:
            1. Relate to the hardship complained of; and
            2. Deprive the property of privileges granted to other properties in the same zone.
      3. The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met.
      4. Variances run with the land.
      5. The Appeal Authority may not grant a use variance.
      6. In granting a variance, the Appeal Authority may impose additional requirements on the applicant that will:
         1. Mitigate any harmful effects of the variance; or
         2. Serve the purpose of the standard or requirement that is waived or modified.
   2. Applications for variance shall be filed with the Planning Department. Said application shall contain the following information:
      1. A description for the requested variance, together with a description of that ordinance provision for which relief is being requested and why such is in accordance with the standards outlined in subsection A1 of this section.
      2. An accurate plot plan, where appropriate, indicating the manner in which the variance will be applied and its effect on adjacent properties.
      3. An application fee as set by the City Council.
   3. Upon receipt of the application by the Planning Department, a copy with all accompanying materials shall be forwarded to the Appeal Authority for its action. In accordance with section 2-4-3 of this Code any and all communication regarding the application shall be directed to the Zoning Administrator, or designee, not to the Appeal Authority. The Appeal Authority shall hold a meeting to review the request and take appropriate action upon the request. Notices for variance meetings shall follow the procedure set forth in section 11-3-6 of this chapter.
   4. The Appeal Authority after conducting the public meeting, shall then make findings conforming to subsection B of this section. The Appeal Authority may impose such reasonable conditions as will:
      1. Mitigate any harmful effects of the variance; or
      2. Serve the purpose of the standard or requirement that is waived or modified.
   5. The decision of the Appeal Authority takes effect on the date when the Appeal Authority issues a written decision. The Appeal Authority shall decide all appeals and other issues brought before it within a reasonable time.
2. Appeals Of Administrative Decisions And Determinations:
   1. Appeal Procedure:
      1. Any person or entity may appeal to the Appeal Authority any final order, requirement, decision or determination made by a Land Use Authority in the enforcement, administration or interpretation of this title. Only a decision in which a Land Use Authority has applied a land use regulation to a particular land use application, person, or parcel may be appealed to the Appeal Authority. The Appeal Authority shall:
         1. Hear appeals and make decisions consistent with this section and;
         2. Hear and decide appeals from administrative decisions of the historic preservation authority.
         3. Determine the correctness of the Land Use Authority's interpretation and application of the plain meaning of the land use regulations.
         4. Interpret and apply a land use regulation to favor a land use application unless the land use regulation plainly restricts the land use application.
      2. The Appeal Authority shall act in a quasi-judicial manner; and serve as the final arbiter of issues involving the interpretation or application of land use ordinances; and may not entertain an appeal of a matter in which the Appeal Authority had first acted as the Land Use Authority.
      3. The appellant or agent shall make an appeal on a form provided by the City and shall include all appropriate information. The appellant has the burden of proving that the Land Use Authority erred. In accordance with section 2-4-3 of this Code any and all communication regarding the appeal shall be directed to the Zoning Administrator, or designee, not to the Appeal Authority.
      4. The Appeal Authority shall review the matter and will defer to the original Land Use Authority's determination of factual matters. All evidence considered during the appeal shall be limited to what was included on the record when the original determination was made. The Appeal Authority shall determine whether the record on appeal includes substantial evidence for each essential finding of fact. The Appeal Authority shall:
         1. Determine the correctness of the Land Use Authority's interpretation and application of the plain meaning of the land use regulations; and
         2. Interpret and apply a land use regulation to favor a land use application unless the land use regulation plainly restricts the land use application.
         3. An Appeal Authority's land use decision is a quasi-judicial act.
      5. The Appeal Authority shall set a meeting on the appeal as soon as practicable after receiving and reviewing the appeal. In exercising its powers, the Appeal Authority may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination of the Land Use Authority in question as ought to be made, and to that end shall have all of the powers of the enforcement of this title.
      6. The decision of the Appeal Authority takes effect on the date when the Appeal Authority issues a written decision and shall decide all appeals and other issues brought before it within a reasonable time.
   2. Time Limitation To File An Appeal: An appeal of a decision administering or interpreting the land use ordinance shall be submitted to the City within ten (10) calendar days from the date of the final decision taken by the Land Use Authority.
3. Appeals From Appeal Authority: The City or any person adversely aggrieved by a decision of the Appeal Authority, may have and maintain a plenary action for relief therefrom in any court of competent jurisdiction, provided petition for such relief is presented to the court within thirty (30) calendar days after the date of such decision. (Ord. 2018-02, 1-10-2018)
   

Members of the City staff shall provide necessary information to the City Council, Planning Commission and Appeal Authority in regard to this title. The City may hire additional staff or consultants to provide necessary information. The City Recorder, or designee, shall prepare agendas and take minutes of meetings. (Ord. 2018-02, 1-10-2018)

1. Procedure: All notices shall satisfy State law and City ordinances. Notices shall contain ample information to allow the general public to determine what action is being proposed, a short description of the proposal, the time, date and location of the public meeting or hearing, the type of input being requested by the City, and where additional information, if any, may be obtained.
   
   The City shall comply with the Notice requirements contained in Utah Code §10-9a-201 et seq. Utah State code generally identifies two classes of notice as follows:
   1. Class A Notice as identified in Utah Code §63G-30-102(1) (as amended) requires the following:
      1. Posting on the Utah Public Notice Website;
      2. Posting on the City of Bluffdale's Official Website;
      3. Posting at City Hall (2222 West 14400 South);
      4. Posting on or adjacent to the subject public street or easement if applicable (e.g. Vacation of a Public Street or Easement)
   2. Class B Notice as identified in Utah Code §63G-30-102(1) (as amended) requires the following:
      1. All items required in subsection A above;
      2. Mailing to Affected Entities as required;
      3. Geographical Mailing as required (see specific Land Use Decision below)
   3. In the event of a disagreement between the Bluffdale City Code and the Utah State Code, the requirements of the State Code shall prevail.
      
2. Applications shall be noticed in the following manner:
   
   

   Land Use Decision	Time	Notice Type
   Any Application (except building permit) within 5,000 feet of the boundary of Camp Williams	A. Pursuant to Utah Code §10-9a-537(3), the City may not approve an application until after notice has been provided to the Utah Division of Veterans and Military Affairs (UDVMA). After written notice, the UDVMA shall have 90 days to provide a written response to the City.	(1) See Land Use Application; AND (2) As required by Utah Code §10-9a-537(3), written notice shall be provided to UDVMA. The notice shall be on form provided by the UDVMA and will include information about the project proposal, specifically if the land use intensity and/or density are proposed to be increased.
   Land Use Application impacting a High Priority Transportation Corridor	A. Pursuant to Utah Code §10-9a-206, the City shall provide an electronic notice of the application to the Utah Department of Transportation in a timely manner upon receiving the application.	(1) As required by Utah Code §10-9a-206, electronic written notice shall be provided to the designated Utah Department of Transportation representative.
   Preparation, adoption or amendments of the General Plan or General Plan Map	A. Upon inception of the initial process to generally plan or the process for any General Plan amendment B. 10 calendar days prior to first public hearing C. 24-hour notice of each public meeting	(1) Class B Notice; AND (2) In the case of an amendment to the General Plan map, notice mailed to all record owners of property within 1,000 feet of the parcel(s) or property(ies) being considered for amendment; AND (3) Notice of Intent sent to State and regional entities as noticed in Utah Code §10-9a-203(1), as amended.
   Adoption or amendments of the land use ordinances or Zoning Map (rezone)	A. 10 calendar days prior to first public hearing   B. Additional notice   C. Public meeting	(1) Class B Notice, AND (2) In the case of an amendment to the Zoning Map, notice mailed to all records Owner(s) of property within 1,000 feet of the parcel(s) or property(ies) being considered for amendment.
   Annexation policy plan	A. 14 calendar days prior to first public meeting B. 14 calendar days prior to first public hearing  C. Within 30 calendar days after adopting plan	(1) Class B Notice; AND (2) Notice mailed to all record owner(s) of property within the proposed annexation area; AND (3) Any additional notice required by Utah Code Part 10-2-8, as amended.
   Appeal of a permit decision		Notify the applicant of the date, time, and place of each public hearing and public meeting to consider the application; provide to each applicant a copy of each staff report regarding the applicant or the pending application at least 3 business calendar days before the public hearing or public meeting; and notify the applicant of any final action on a pending application
   Amendment to public improvement standard in subdivision or development requirement ordinance	30 calendar day notice prior to implementing an amendment to adopted specifications for public improvements that apply to subdivision or development	Class A Notice
   Conditional use permit	See Land Use Application
   Development Agreement	10 calendar days before first meeting or hearing on agreement, unless excepted by Utah Code §10-9a-532.	(1) Class B Notice, and (2) In the case of Agreement provisions differing from current City Code, notice shall also be provided in accordance with Adoption or Amendments of Land Use Ordinances.
   Land use application	3 calendar days before meeting or hearing and final action on application	(1) Notify the applicant of the date, time, and place of each public hearing and public meeting (if applicable); AND (2) Provide to each applicant a copy of each staff report or documentation regarding the applicant or the pending application at least 3 business calendar days before the public hearing or public meeting, AND (3) Notify them of any final action on a pending application.
   Nonconforming uses/non-complying structures	See Land Use Application
   Preliminary subdivision plat approval	A. See Land Use Application
   Road or Other Public Right of Way Dedication Plan	10 calendar days before meeting or hearing and final action on proposed dedication	Class A Notice
   Vacating or amending a subdivision plat	10 calendar days prior to public meeting. If public hearing is required due to exceptions, then 10 calendar day notice is required.	Notice mailed to each affected entity that provides a service on a portion of the plat being vacated or amended pursuant to Utah Code § 10-9a-608.
   Vacating some or all of a public street, right-of-way or easement	10 calendar days prior to public hearing	(1) Class A Notice: AND (2) Notice mailed to the record owner of each parcel that is accessed by the public street, right-of-way, or easement; mailed to each affected entity; posted on or near the street, right-of-way, or easement in a manner that is calculated to alert the public; and published in a newspaper of general circulation in the municipality in which the land subject to the petition is located and published on the Utah public notice website pursuant to Utah Code §10-9a-208.
   Variances	See Land Use Application

3. Costs: Any costs associated with the provisions of the notice requirements herein shall be the responsibility of the proponent of the action. If notice given under authority of this section is not challenged as provided by State law within thirty (30) calendar days from the date of the meeting for which notice was given, the notice is considered adequate and proper.
4. Applicant Notice; Waiver Of Requirements: For each land use application, the City shall:
   1. Notify the applicant of the date, time, and place of each public hearing and public meeting to consider the application;
   2. Provide to each applicant a copy of each staff report regarding the applicant or the pending application at least three (3) business calendar days before the public hearing or public meeting; and
   3. Notify the applicant of any final action on a pending application.
   4. As provided in Utah Code §10-9a-202(2) regarding a "Land use application," if the City fails to comply with Utah Code §10-9a-202(1)(a) or Utah Code §10-9a-202(1)(b), an applicant may waive the failure verbally or in writing before or at the meeting, so that the application may stay on the public hearing or public meeting agenda and be considered as if the requirements had been met.
      

The City Council after a recommendation from the Planning Commission, using its legislative discretion, may amend the number, shape, boundary or area of any zoning district. The City Council may also amend any regulation or other provisions of a zoning district. The amendments may only occur in accordance with the following procedure:

1. Submission: Any person, including staff, the Planning Commission or City Council, seeking an amendment to this title or zoning map shall submit to the Planning Commission, on forms provided by the City, the following:
   1. A description of the specific amendment to this title or zoning map.
   2. The reason and justification for the proposed amendment and how the proposed amendment would further the purpose and intent of this title, and how the proposed amendment is consistent with the General Plan. If the proposed amendment is inconsistent with the General Plan, the applicant shall submit, concurrently with the amendment application, an application for amendment to the General Plan.
   3. Supporting documentation, maps, studies and any other information that would allow the City Council to make a wellinformed decision.
   4. The payment of the appropriate fee in accordance with the City fee schedule.
2. Recommendation Of Planning Commission: Upon receipt by the Planning Commission of the proposed amendment, the Planning Commission shall hold a public hearing in accordance with section 11-3-6 of this chapter. Following the public hearing, the Planning Commission shall forward a recommendation to the City Council on the proposed amendment.
3. City Council Action: The City Council shall hold a public hearing on the proposed amendment in accordance with section 11-3-6 of this chapter. The City Council may approve, amend and approve, remand the proposed amendment back to the Planning Commission for further review, or deny the proposed amendment. (Ord. 2018-02, 1-10-2018)
   

This title is intended to be consistent with all other laws, ordinances and resolutions of the City, specifically including, but not limited to, the following:

1. The City General Plan and General Plan map.
2. The City subdivision ordinance.
3. The City design guidelines and standard specifications. (Ord. 2018-02, 1-10-2018)
   

1. Required: A land use application shall be required for approval of all proposed development reviewed under this title, including additions to existing buildings and temporary uses. All land use applications are available from the Zoning Administrator. The City is not obligated to act on any application that is not complete or does not contain all of the information required.
2. Applications: The Zoning Administrator, or designee, initially reviews all complete applications requiring action by the Planning Commission and makes recommendations to the Planning Commission and/or City Council, according to the type of application filed. The Zoning Administrator may process one application at a time, per property or may process coordinated applications simultaneously, except that a final plat application may not be submitted or considered until a preliminary plat application has been approved.. The Zoning Administrator, or designee, may recommend to the Planning Commission certain conditions of approval to applications for conditional use permits. The Zoning Administrator, or designee, issues permits for administrative uses and administrative lot line adjustments.
3. Issuer: The Planning Commission issues land use permits for conditional uses and site plans as listed in the table of reviewing bodies in section (1) below.. The building official issues building permits. The business license official issues business licenses.
4. Process: The Planning Commission reviews, holds a public meeting or hearing and forwards a recommendation to the City Council regarding each application for land use regulations including, but not limited to, rezoning, and adoption of and amendments to this chapter and to the General Plan.
5. Appeals: The Appeals and Variance Hearing Officer, acting as the Land Use Authority, hears all requests for variances, and, acting as the Appeal Authority, hears appeals of conditional uses and administrative zoning determinations.
6. Fees: No review shall occur until all applicable fees are paid.
7. Applicability Of Subdivision Ordinance: Any application for a subdivision shall also satisfy the applicable requirements of the subdivision ordinance. Review of land use requirements and subdivision approval may be completed concurrently but are separate and distinct applications and reviews. Review of subdivisions for single-family dwellings, two-family dwellings, or townhomes are administrative in nature. Review of a development agreement related to a subdivision application is legislative in nature and shall be considered by the City Council under a separate application.
8. Requirements Fulfilled Prior To Activity: No use, development or development activity may be commenced until all necessary approvals, permits and licenses have been issued in accordance with the provisions of this title, and all required fees have been paid by the applicant.
9. Reviewing Bodies: The Zoning Administrator (ZA) or designee, the Appeals and Variance Hearing Officer (AVHO), the Planning Commission (PC), and the City Council (CC) each have the following primary authority to review applications for compliance with this title, unless specified differently by ordinance or development agreement:
   
   

   Type Of Review	Zoning Administrator Or Designee	PC	CC	AVHO	Appeal Authority
   Accessory dwelling unit	X				AVHO
   Concept plan	X
   Lot line adjustment	X
   Lot line adjustment appeal					AVHO
   Preliminary subdivision plat	X	X
   Preliminary subdivision plat, minor	X
   Final subdivision plat	X
   Final subdivision plat, minor	X				AVHO
   Final subdivision plat appeal					AVHO
   Plat amendment	X	X			AVHO
   Site plan (minor)	X	X
   Site plan (major)	X	X
   Site plan appeal	X				AVHO
   Business license use review	X				AVHO
   Conditional use	X	X
   Conditional use appeal	X				AVHO
   Street dedication plat	X	X	X
   Street dedication plat appeal	X				AVHO
   Variance				X	District Court
   Land use ordinance text amendment	X	X	X		District Court
   Land use ordinance text amendment appeal					District Court
   Zoning Map change (rezone)	X	X	X
   Zoning Map change (rezone) appeal	X				District Court
   General Plan amendment	X	X	X
   General Plan amendment appeal	X				AVHO
   Home occupation	X
   Home occupation appeal					AVHO
   Home occupation extra employees (CUP)		X			AVHO
   Sign permit	X
   Sign permit appeal	X				AVHO

(Ord. 2018-02, 1-10-2018; amd. Ord. 2018-05, 3-14-2018; Ord. 2018-24, 9-26-2018; Ord. 2019-17, 9-25-2019)

1. Sixty Day Limitation; Extension: If a request of the City Council, Planning Commission, Appeal Authority, or staff has not been responded to within sixty (60) calendar days of the written request, the application may be terminated. The Zoning Administrator or designee may extend this deadline, or reinstate the application upon request by the applicant, if valid reasons are provided such as financial, legal, or circumstances clearly preventing the applicant from responding.
2. Construction, Development Within One Year: An application will be considered null and void if substantial construction or development has not occurred in connection with the application within one year of final approval.
3. Resubmission Upon Termination: Should the application be terminated, the applicant shall be required to resubmit the application and shall satisfy all requirements in place at the time of resubmission, including the payment of fees. (Ord. 2018-02, 1-10-2018)
   

1. Land Use Applications:
   1. 1. An applicant is entitled to approval of a land use application if the application conforms to the requirements of the City's zoning map and applicable land use ordinance in effect when a complete application is submitted and all fees have been paid, unless:
         1. The Governing Body, on the record, finds that a compelling, countervailing public interest would be jeopardized by approving the application; or
         2. In the manner provided by local ordinance and before the application is submitted, the Municipality has formally initiated proceedings to amend its ordinances in a manner that would prohibit approval of the application as submitted.
      2. An application for a land use approval is considered submitted and complete when the application is provided in a form that complies with the requirements of applicable ordinances and all applicable fees have been paid.
      3. The continuing validity of an approval of a land use application is conditioned upon the applicant proceeding after approval to implement the approval with reasonable diligence.
      4. The City shall not impose on a holder of an issued land use permit a requirement that is not expressed:
         1. In the land use permit or in documents on which the land use permit is based; or
         2. In the City's ordinances.
   2. The City will not withhold issuance of a certificate of occupancy because of an applicant's failure to comply with a requirement that is not expressed:
      1. In the building permit or in documents on which the building permit is based; or
      2. In the City's ordinances.
   3. The City is bound by the terms and standards of applicable land use ordinances and shall comply with mandatory provisions of those ordinances. (Ord. 2018-02, 1-10-2018)
      

1. The City may impose an exaction or exactions on proposed land use development if:
   1. An essential nexus exists between a legitimate governmental interest and each exaction; and
   2. Each exaction is roughly proportionate, both in nature and extent, to the impact of the proposed development. (Ord. 2018-02, 1-10-2018)
      

1. Appointment: The City Manager shall designate a staff person who shall be primarily responsible for administering and enforcing this title. Such person shall be known as the Zoning Administrator.
2. Interpretation: The Zoning Administrator shall act as the Land Use Authority to interpret the ordinance to members of the public, City departments, and to other branches of government, subject to general and specific policies established by the Planning Commission and City Council. The Zoning Administrator shall seek advice from other City administrative staff as necessary. Upon request, the Zoning Administrator shall make a written interpretation of the text of this title pursuant to chapter 36 of this title.
3. Administrative Duties: The Zoning Administrator shall act as the Land Use Authority to accomplish or cause to be accomplished all administrative actions required by this title, including the giving of notice, holding of hearings, preparation of staff reports, and receiving and processing applications of variances and appeals. The Zoning Administrator, or designee, may recommend to the Planning Commission certain conditions of approval to applications for conditional use permits. The Zoning Administrator, or designee, issues permits for administrative uses, administrative lot line adjustments, and site plans for projects with less than fifteen thousand (15,000) square feet of floor space and less than fifty (50) required parking spaces and conducts permitted use reviews. (Ord. 2018-02, 1-10-2018)