The following requirements shall apply to a proposed land use, development, or other matter which is subject to a procedure set forth in this Title.

1. Application Form. An application shall be submitted on a form provided by the Zoning Administrator and in such numbers as reasonably required by the Zoning Administrator for a particular type of application. Applicants shall be required to submit electronic copies of all drawings, plans, plats, etc., submitted as part of the application process, upon request of the Zoning Administrator. Applicants shall be required to provide a designated contact name and accurate mailing address and email address for receiving legal notice of staff reports, public meetings, public hearings, final action, and other notices required to be provided by the City to applicants.
   
2. City Initiated Application. The Planning Commission or City Council may initiate any action under this Title without an application from a property owner. Notice, hearing and other procedural requirements of this Chapter shall apply to an application initiated by the City. 
   
3. Development Review Sequence. No subdivision, site plan or other development application shall be considered unless:
   
   1. The approval which is requested in the application is allowed by the zone existing on the subject property; or
      
   2. Where permitted by this Title, the application is submitted simultaneously with a proposed Zoning Map amendment that would allow the proposal.
      
4. Accurate Information. All documents, plans, reports, studies and information provided to the City by an applicant in accordance with the requirements of this Title shall be accurate and complete. Submission of inaccurate or incomplete information in connection with any application shall be grounds for denial of a pending application or revocation of an approved application.
   
5. Determination of Complete Application. After receipt of an application, the Zoning Administrator shall determine whether the application is complete. If the application is not complete, the Zoning Administrator shall notify the applicant in writing and shall:
   
   1. Specify the deficiencies of the application;
      
   2. State the additional information which must be supplied; and
      
   3. Advise the applicant that no further action will be taken on the application until the deficiencies are corrected.
6. Fees. When an application is filed the applicant shall pay to the City the fees and deposits associated with such application as provided in the City Fee Schedule. Any application not accompanied by the required fees and deposits shall be deemed incomplete. 
   
   1. Fees shall be non-refundable except as provided in Subsection (g).
      
   2. Fees shall not be required for applications initiated by the City.
      
7. Remedy of Deficiencies. If an applicant fails to correct specified deficiencies within 30 days after notification thereof the City may deem the application to be withdrawn. If the application is deemed withdrawn, the application and any associated fee shall be returned to the applicant upon request; provided, however, the City may deduct from the application fee the cost of determining completeness of the application.
   
8. Decision Date. A decision or recommendation made under the provisions of this Title shall take effect on the date of the meeting or hearing in which the decision or recommendation is made by the decision-making body or official, unless a different time is designated by the decision-making body at the time the decision is made.
   
9. Extensions of Time. Unless otherwise prohibited by this Title, upon written request and for good cause shown, any decision-making body or official having authority to grant approval of an application may, without any notice or hearing, grant an extension of any time limit imposed by this Title on such application, its approval, or the applicant. The total period of time granted by any one or more extensions for a given application shall not exceed twice the length of the original time period.
   
10. Pending Ordinance Amendments.
    
    1. When the City has formally initiated proceedings to amend the Zoning Map or Zoning Code, a person who thereafter files an application which may be affected by the proposed amendment shall not be entitled to rely on the existing Zoning Map or Zoning Code which may be amended.
       
       1. A proposed Zoning Map or Zoning Code  amendment shall be deemed formally initiated when the amendment proposal first appears on a Planning Commission or City Council agenda, as the case may be, and such agenda has been noticed as required in this Chapter.
          
       2. An application shall be deemed "filed" when all materials required for the application as set forth in this Title have been submitted. 
          
    2. An application affected by a pending amendment to the Zoning Map or Zoning Code  shall be subject to the following requirements:
       
       1. The application shall not be acted upon until six months from the date when the pending amendment to the Zoning Map or Zoning Code was first noticed on a Planning Commission or City Council agenda, as the case may be, unless the proposed amendment is sooner enacted or defeated, as the case may be.
       2. If a pending amendment to the Zoning Map or Zoning Code is enacted within six months after being noticed on a Planning Commission or City Council agenda, an affected application which was filed while the amendment was pending shall conform to the enacted amendment.
          
       3. If a pending amendment to the Zoning Map or Zoning Code is not enacted within six months after being noticed on a Planning Commission or City Council agenda, the amendment shall no longer be considered pending and any affected application may be approved without regard to the previously pending amendment.
          
    3. The Zoning Administrator shall give an applicant affected by a pending amendment to the Zoning Map or Zoning Code written notice that: 
       
       1. There is pending legislation;
          
       2. The application may require changes to conform to a Zoning Map or Zoning Code amendment which may be enacted; and
          
       3. Copies of the pending legislation are available at the Community Development office.
          
    4. All provisions herein are intended to and shall comply with the provisions of Utah Code § 10-9a-509.
       
11. Substantial Action Required. If within six months after an application has been filed the applicant has not taken substantial action to obtain approval thereof, the application shall expire and any vested rights accrued thereunder shall terminate.

Any public hearing or public meeting required under this Title, as the case may be, shall be scheduled and held subject to the requirements of this Section.

1. Scheduling a Public Hearing or Public Meeting. An application requiring a public hearing or public meeting shall be scheduled within a reasonable time following receipt of a complete application. The amount of time between receipt of an application and holding a public hearing or public meeting regarding the application shall be considered in light of:
   
   1. The complexity of the application submitted;
      
   2. The number of other applications received which require a public hearing or public meeting;
      
   3. Available staff resources; and 
      
   4. Applicable public notice requirements.
      
2. Notice of Public Meeting. In accordance with the Utah Open and Public Meetings Act, as set forth in Utah Code §§ 52-4-101, et seq., the applicable land use authority shall provide public notice of its meetings in accordance with Utah Code § 52-4-202. 
   
   1. Annual Meeting Schedule. The applicable land use authority shall give public notice at least once each year of its annual meeting schedule specifying the date, time, and place of such meetings.
      
   2. Individual Meeting. The applicable land use authority shall also provide not less than 24 hours public notice of the agenda, date, time, and place of each of its meetings in accordance with Utah Code § 52-4-202.
      
   3. Public Notice Required. For purposes of Subsection (1) and (2), public notice of meetings and annual schedule shall be satisfied by:
      
      1. Posting written notice at City Hall (except for an electronic meeting held without an anchor location pursuant to Utah Code § 52-4-207); 
         
      2. Publishing notice on the Utah Public Notice Website;
         
      3. Publishing notice on the City website; and
         
      4. Providing notice to at least one newspaper of general circulation within the geographic area of the City or a local media correspondent in accordance with Utah Code § 52-4-202.
         
   4. Emergency Meetings. When because of unforeseen circumstances it is necessary for the applicable land use authority to hold an emergency meeting to consider matters of an emergency or urgent nature, the noticing requirements set forth herein may be disregarded and the best notice practical will be given in accordance with the Utah Open and Public Meetings Act, as set forth in Utah Code §§ 52-4-101, et seq. 
      
3. Notice of Public Hearing. When this Title or any State statute requires a public hearing for any land use application, permit, or matter governed by this Title, notice of the public hearing regarding such matter shall be provided in accordance with the provisions set forth herein. 
   
   1. Contents. Public notice of the public hearing should include the following information: 
      
      1. A statement summarizing the substance of the application; 
         
      2. The date, time, and place of the public hearing; and 
         
      3. The place where the application may be inspected by the public or the person to contact for further information.
         
   2. Notice for First Public Hearing. Public notice of the first public hearing on an application shall be provided at least 10 calendar days before the public hearing. Such notice shall be:
      
      1. Published on the Utah Public Notice Website; 
         
      2. Posted on the City website;
         
      3. For the first public hearing for General Plan enactment or amendment, Zoning Code enactment or amendment, and Zoning Map enactment or amendment, notice shall be mailed to each affected entity (as defined in Utah Code § 10-9a-103); and 
         
      4. For the first public hearing regarding a Zoning Map enactment or amendment, the City shall send a courtesy notice at least 10 calendar days prior to the hearing to each owner of private real property whose property is located entirely or partially within the proposed Zoning Map amendment in accordance with Utah Code § 10-9a-205.
         
   3. Notice for Subsequent Public Hearings. Public notice of any additional or subsequent public hearing on an application shall be provided at least three calendar days before the public hearing by:
      
      1. Publishing notice on the Utah Public Notice Website; and
         
      2. Posting notice on the City website.
         
4. Applicant Notice. For each land use application filed in accordance with the provisions of this Title, the City shall notify the applicant of the date, time, and place of each public hearing and public meeting to consider the application. The City shall provide each applicant a copy of each staff report regarding the applicant or the pending application at least three business days before the public hearing or public meeting, subject to the waiver provisions of Utah Code § 10-9a-202. Such notice may be provided by mail, email, or other electronic means to the designated contact and mailing address or email address provided by the applicant in accordance with CZC 12.21.040. The City shall also provide the applicant notice of any final action on a pending application in accordance with the provisions of Subsection (o).
   
5. Notice of Intent to Prepare General Plan Amendment. Before preparing a proposed General Plan enactment or amendment, the City shall provide 10 calendar days notice of its intent to prepare a proposed General Plan enactment or amendment to the following listed entities or persons. Such notice shall comply with the requirements of Utah Code § 10-9a-203. Notice of intent shall be provided to:
   
   1. Each affected entity (as defined in Utah Code § 10-9a-103);
      
   2. The Automated Geographic Reference Center (as defined in Utah Code § 63F-1-506); 
      
   3. The Wasatch Front Regional Council (as the association of governments of which the City is a member); and
      
   4. The Utah Public Notice Website.
      
6. Posting Notice On-Site. In addition to public notice of a public hearing as provided in this Section, the City shall post on-site notice of the first public hearing regarding a proposed Zoning Map amendment, conditional use permit, or conceptual site plan application at least 10 calendar days before the public hearing. Such notice should include the information set forth in Subsection (c)(1). Applications that involve multiple parcels need not have notice posted on each individual parcel, but shall be posted in a location or locations representative of the proposed project area.
   
   1. The Zoning Administrator may provide additional notice of any application, including, but not limited to, direct mailings to neighboring property owners. 
      
   2. Any on-site posting, direct mailing, or other notice provided under this Subsection (f) is intended as a courtesy only.
   3. Any error or failure on the part of the City to provide on-site posting or other courtesy notice shall not affect the adequacy or sufficiency of published and/or posted notice of the meeting or hearing as required by law.
      
7. High Priority Transportation Corridors Notice. When required by law under Utah Code § 10-9a-206 and specifically requested in writing, the City may be required to provide the Utah Department of Transportation with electronic notice of any land use application received by the City that may adversely impact the development of any designated high priority transportation corridor within the City. When required by law under Utah Code § 10-9a-206 and specifically requested in writing, the City may be required to provide a large public transit district with electronic notice of any land use application received by the City that may impact the development of a major transit investment corridor.
   
8. Illuminated Sign Regulation Notice. Prior to any public hearing or public meeting to consider a proposed land use regulation or land use application modifying sign regulations for an illuminated sign within a unified commercial development or a planned unit development, the City shall provide written notice in accordance with Utah Code § 10-9a-213.
   
9. Standards and Specifications Notice. Prior to implementing an amendment to adopted standards and specifications for public improvements that apply to subdivisions or development within the City, the City shall give 30 days mailed notice and an opportunity to comment to anyone who has requested such notice in writing pursuant to Utah Code § 10-9a-212.
   
10. Challenge of Notice. Pursuant to Utah Code § 10-9a-209, if notice required by this Section or any other applicable provision of this Title is not challenged in accordance with applicable appeal procedures within 30 days from the date of the hearing or meeting for which notice was given, the notice shall be considered adequate and proper.
    
11. Examination of Application. Upon reasonable request during normal business hours, any person may examine an application and materials submitted in support of or in opposition to an application in accordance with the Utah Government Records Access Management Act, as set forth in Utah Code §§ 63G-2-101, et seq. Copies of such materials shall be made available at reasonable cost in accordance with the City Fee Schedule.
    
12. Public Hearing and Public Meeting Procedures. An application shall be considered pursuant to policies and procedures established by the decision-making body or official for the conduct of its meetings.
    
13. Withdrawal of Application. An applicant may withdraw an application at any time prior to action on the application by the decision-making body or official. Application fees shall not be refundable if prior to withdrawal:
    
    1. A staff review of the application has been undertaken; or
       
    2. Notice for a public hearing or meeting on the application has been mailed, posted or published.
       
14. Record of Public Hearing or Public Meeting.
    
    1. Except as provided by law, written minutes and a recording shall be kept of all open meetings. Written minutes of an open meeting shall include:
       
       1. The date, time, and place of the meeting;
          
       2. The names of members present and absent;
          
       3. The substance of all matters proposed, discussed, or decided, and a record, by individual member, of votes taken;
          
       4. The names of each person who provides testimony or comments to the public body and the substance in brief of their testimony or comments; and
          
       5. Any other information that is a record of the proceedings of the meeting that any member requests be entered in the minutes or recording.
          
    2. The minutes, recordings, all applications, exhibits, papers and reports submitted in any proceeding before the decision-making body or official, and the decision of the decision-making body or official, shall constitute the record thereof. The record shall be made available for public examination as provided in Subsection (k).
       
15. Final Action Notification. Notice of any final action or decision on a pending application by the decision-making body or official shall be provided to the applicant within a reasonable time. Such notice shall be provided by mail, email, or other electronic means to the designated contact and mailing address or email address provided by the applicant in accordance with CZC 12.21.040.

The decision-making standards set forth in this Section are based on the fundamental distinction between legislative and administrative proceedings. Legislative proceedings establish public law and policy which is applicable generally, while administrative proceedings apply such law and policy to factually distinct, individual circumstances.

1. Legislative Proceedings.
   1. The following types of applications are hereby declared to be legislative proceedings:
      1. General Plan adoption or amendment;
      2. Zoning Map adoption or amendment;
      3. Zoning Code adoption or amendment; and
      4. Temporary regulations.
   2. Decisions regarding a legislative application shall be based on the "reasonably debatable" standard, as follows:
      1. The decision-making authority shall determine what action, in its judgment, will reasonably promote the public interest, conserve the values of other properties, avoid incompatible development, encourage appropriate use and development, and promote the general welfare.
      2. In making such determination, the decision-making authority may consider the following:
         1. Testimony presented at a public hearing or meeting; and
         2. Personal knowledge of various conditions and activities bearing on the issue at hand, including, but not limited to, the location of businesses, schools, roads and traffic conditions; growth in population and housing; the capacity of utilities; the zoning of surrounding property; and the effect that a particular proposal may have on such conditions and activities, the values of other properties, and upon the general orderly development of the City.
      3. The decision-making body should state on the record the basis for its decision.
2. Administrative Proceedings.
   1. The following types of applications are hereby declared to be administrative proceedings:
      1. Permitted use review;
      2. Conditional use permit;
      3. Site plan review;
      4. Special exception;
      5. Variance;
      6. Building permit;
      7. Nonconformity;
      8. Sign permit;
      9. Temporary use permit;
      10. Routine and uncontested matter;
      11. Administrative interpretation; and
      12. Appeal of administrative decision.
   2. Decisions regarding an administrative application shall be based on the "substantial evidence" standard including at least the following:
      1. A statement of the standards for approval applicable to the application;
      2. A summary of evidence presented to the decision-making body or official;
      3. A statement of findings of fact or other factors considered, including the basis upon which such facts were determined and specific references to applicable standards set forth in this Title or other provisions of the Centerville Municipal Code; and
      4. A statement of approval, approval with conditions, or disapproval, as the case may be.

1. Purpose. The City Council has previously adopted the Centerville General Plan. This Section sets forth procedures for amending the General Plan. For purposes of this Section, amendment shall include the addition of new elements to the General Plan and any comprehensive revisions to or adoption of the same.
   
2. Authority. The City Council may from time to time amend the General Plan as provided in this Section. Such amendments may include any matter within the scope of the General Plan as provided in CZC 12.11.030.
   
3. Initiation. Proposed amendments to the General Plan may be initiated by any person, the City Council, Planning Commission, or authorized City staff as provided in this Section.
   
4. Procedure. General Plan amendments shall be considered and processed as provided in this Subsection. 
   
   1. An application shall be submitted to the Zoning Administrator in a form established by the Zoning Administrator along with any fees and deposits established by the City Fee Schedule. The City Council, Planning Commission, or authorized City staff may initiate a General Plan amendment at any time without submittal of an application or payment of any fees and deposits.
      
   2. A person proposing General Plan amendments shall do the survey and analysis work necessary to justify the proposed amendment. To ensure the Planning Commission and City Council have sufficient information to evaluate a proposed amendment, an applicant shall submit at least the following information:
      
      1. The name, address, email and telephone number of the applicant, the applicant's agent, if any, and the name and address of every person or company the applicant represents;
         
      2. For General Plan map amendments:
         
         1. 8-1/2" x 11" map showing the area of the proposed amendment;
            
         2. Current copy of County Assessor's parcel map showing the area of the proposed amendment;
            
         3. Mapped inventory of existing land uses within the area of the proposed amendment and extending two miles beyond such area;
            
         4. Correct property addresses of parcels included within the area of the proposed amendment;
            
         5. Written statement specifying the potential use of property within the area of the proposed amendment;
            
         6. Written statement explaining why the existing General Plan designation for the area is no longer appropriate, desirable, or feasible; and
            
         7. Analysis of the potential impacts of the proposed amendment on existing infrastructure and public services such as traffic, streets, intersections, water, sewer, storm drains, electrical power, fire protection, garbage collection, and such other matters as the City may require from time to time; and
            
      3. For General Plan text amendments:
         
         1. Written statement showing the desired language change;
            
         2. Written statement explaining why existing General Plan language is no longer appropriate or feasible;
            
         3. Analysis of the potential impacts of the proposed amendment; and
            
         4. Map showing affected areas if text changes will affect specific geographic areas.
            
   3. After an application is determined to be complete in accordance with CZC 12.21.040(e) or prior to the initiation of a City-initiated General Plan amendment, the Zoning Administrator shall provide notice of intent to prepare or amend the General Plan in accordance with the provisions of CZC 12.21.050. After providing the required 10-day notice of intent to prepare or amend the General Plan, the Zoning Administrator shall thereafter review and prepare a staff report evaluating the application.
      
   4. The Planning Commission shall schedule and hold a public hearing on the proposed General Plan amendment. Public notice of the public hearing and the public meeting shall be provided in accordance with the provisions of CZC 12.21.050. The public hearing before the Planning Commission shall be deemed the first public hearing on the application subject to noticing requirements as set forth in CZC 12.21.050(c)(2). After the public hearing, the Planning Commission may modify the proposed General Plan. The Planning Commission shall then forward its recommendation regarding the proposed General Plan amendment to the City Council.
      
   5. The City Council shall schedule and hold a public hearing on the proposed General Plan amendment recommended to it by the Planning Commission. Public notice of the public hearing and the public meeting shall be provided in accordance with the provisions of CZC 12.21.050. The public hearing before the City Council shall be deemed an additional or subsequent public hearing on the application subject to noticing requirements as set forth in CZC 12.21.050(c)(3). 
      
5. Approval Standards. A decision to amend the General Plan is a matter within the legislative discretion of the City Council as described in CZC 12.21.060(a). After the public hearing described in Subsection (d)(5), the City Council may make any modifications to the proposed General Plan amendment that it considers appropriate. The City Council may adopt or reject the proposed General Plan amendment either as proposed by the Planning Commission or after making any revision that the City Council considers appropriate. The City Council may also table the matter for further information, consideration or action. 
   
6. Appeal. Any person adversely affected by a final decision of the City Council to amend the General Plan may appeal that decision to the district court as provided in Utah Code § 10-9a-801.
   
7. Effect of Approval. Approval of an application to amend the General Plan shall not be deemed an approval of any zone, conditional use permit, site plan, or other permit. Approval of a particular zone or permit shall be obtained in accordance with applicable provisions of this Title.
   
8. Effect of Disapproval. City Council denial of an application to amend the General Plan shall preclude a person from filing of another application covering substantially the same subject or property, or any portion thereof, for six months from the date of the disapproval. This Section shall not limit the City Council, Planning Commission, or authorized City staff from initiating a General Plan amendment at any time.

1. Purpose. The City Council has previously adopted the Zoning Map and the Zoning Code as more particularly provided in this Title. This Section sets forth procedures for amending the Zoning Map and Zoning Code set forth in this Title. For purposes of this Section, amendment shall include the addition of new sections, chapters or provisions to the Zoning Code and any comprehensive revisions to or adoption of the same or the Zoning Map.
   
2. Authority. The City Council may from time to time amend the text of the Zoning Code and the Zoning Map as provided in this Section. Amendments may include changes in the number, shape, boundaries, or area of any zone, zone regulations, or any other provision of this Title. The provisions set forth herein shall not apply to temporary zoning regulations which may be enacted without public hearing in accordance with CZC 12.21.210.
   
3. Initiation. Proposed amendments to the Zoning Code and the Zoning Map may be initiated by the City Council, Planning Commission, or a property owner affected by a proposed amendment as provided in this Section. An agent of a property owner shall provide an affidavit of authorization.
   
4. Procedure. Zoning Code and Zoning Map amendments shall be considered and processed as provided in this Subsection.
   
   1. An application shall be submitted to the Zoning Administrator in a form established by the Zoning Administrator along with any fees and deposits established in the City Fee Schedule. The application shall include at least the following information:
      
      1. The name, address, email and telephone number of the applicant and the applicant's agent, if any;
         
      2. The name and address of every person or company the applicant represents;
         
      3. The requested amendment and reasons supporting the request; and
         
      4. If the proposed amendment requires a change in the Zoning Map, the application shall include:
         
         1. An accurate property map showing present and proposed zoning classifications;
            
         2. All abutting properties showing present zoning classifications;
            
         3. An accurate legal description and an approximate common address of the area proposed to be rezoned; and 
         4. The parcel numbers of lots or parcels proposed to be rezoned.
            
      5. If the proposed amendment requires a change in the Zoning Code text, the application shall include chapter and section references and a draft of the proposed text.
         
   2. After an application is determined to be complete in accordance with provisions of CZC 12.21.040(e), the Zoning Administrator shall prepare a staff report evaluating the application.
      
   3. The Planning Commission shall schedule and hold a public hearing on the proposed Zoning Code or Zoning Map amendment. Public notice of the public hearing and the public meeting shall be provided in accordance with the provisions of CZC 12.21.050. The public hearing before the Planning Commission shall be deemed the first public hearing on the application subject to noticing requirements as set forth in CZC 12.21.050(c)(2). Prior to the public hearing regarding any Zoning Map amendment, the Planning Commission shall consider each written objection filed in accordance with Utah Code § 10-9a-502. After the public hearing, the Planning Commission shall review the application and thereafter submit its recommendation for approval, approval with modifications, or denial thereof to the City Council. The Planning Commission shall forward to the City Council all objections to a Zoning Map amendment filed in accordance with Utah Code § 10-9a-502. 
      
   4. Following receipt of a recommendation from the Planning Commission, the City Council shall schedule and hold a public hearing on the Zoning Code or Zoning Map amendment application. Public notice of the public hearing and the public meeting shall be provided in accordance with the provisions of CZC 12.21.050. The public hearing before the City Council shall be deemed an additional or subsequent public hearing on the application subject to noticing requirements as set forth in CZC 12.21.050(c)(3). Following a public hearing and after due consideration the City Council may approve, approve with modifications, or deny the proposed Zoning Code or Zoning Map amendment.
      
5. Approval Standards. A decision to amend the Zoning Code or the Zoning Map is a matter within the legislative discretion of the City Council as described in CZC 12.21.060(a). In making an amendment, the following factors should be considered:
   
   1. Whether the proposed Zoning Code or Zoning Map amendment is consistent with goals, objectives and policies of the General Plan;
      
   2. Whether the proposed Zoning Map amendment is harmonious with the overall character of existing development in the vicinity of the subject property;
      
   3. The extent to which the proposed Zoning Map amendment may adversely affect adjacent property; and
      
   4. For proposed Zoning Map amendments, the adequacy of facilities and services intended to serve the subject property, including, but not limited to, roadways, parks and recreation facilities, police and fire protection, schools, stormwater drainage systems, water supplies, and waste water and refuse collection.
      
6. Appeal. Any person adversely affected by a final decision of the City Council to amend the Zoning Code or the Zoning Map may appeal that decision to the district court as provided in Utah Code § 10-9a-801.
   
7. Effect of Approval. Approval of an application to amend the Zoning Code or Zoning Map shall not be deemed an approval of any conditional use permit, site plan or other permit. Approval of such permits shall be obtained in accordance with applicable provisions of this Title and other applicable provisions of the Centerville Municipal Code.
   
8. Effect of Disapproval. City Council denial of an application to amend the Zoning Code or Zoning Map shall preclude the filing of another application covering substantially the same subject or property, or any portion thereof, for six months from the date of the disapproval, except as follows:
   
   1. Another application may be sooner considered if:
      
      1. The Planning Commission determines a substantial change in circumstances has occurred to merit consideration of the application; or
         
      2. The application is for a change to a different zone.
         
   2. The City Council or Planning Commission may propose any Zoning Code text or Zoning Map amendment at any time.

1. Purpose. This Section sets forth procedures for reviewing permitted uses in all zones to determine compliance with applicable requirements of this Title.
   
2. Authority. The Zoning Administrator is authorized to review and approve applications for permitted uses in all zones as set forth in this Section.
   
3. Initiation. A property owner or a lessee may request a permitted use review as provided in this Section. An agent or lessee of a property owner shall provide an affidavit of authorization.
   
4. Procedure. Permitted use applications shall be considered and processed as provided in this Subsection.
   
   1. A complete application shall be submitted to the Zoning Administrator in a form established by the Zoning Administrator along with any fees and deposits established in the City Fee Schedule. The application shall include at least the following information:
      
      1. The name, address, email and telephone number of the applicant and the applicant's agent, if any;
         
      2. The address and parcel identification of the subject property;
         
      3. The zone, zone boundaries and present use of the subject property;
         
      4. A plot plan showing the following:
         
         1. Applicant's name;
            
         2. Site address;
            
         3. Property boundaries and dimensions;
            
         4. Layout of existing and proposed buildings, parking, landscaping, and utilities;
            
         5. Adjoining property lines and uses within 100 feet of the subject property;
            
      5. A description of the proposed use; and
         
      6. Other information needed to demonstrate the permitted use conforms to applicable provisions of this Title.
         
   2. After an application is determined to be complete in accordance with CZC 12.21.040(e), the Zoning Administrator shall approve, approve with conditions, or deny the application pursuant to the standards set forth in Subsection (e).  Any conditions of approval shall be limited to conditions needed to conform the permitted use to approval standards. 
      
   3. After making a decision, the Zoning Administrator shall give the applicant written notice of the decision.
      
   4. A record of all permitted use reviews shall be maintained in the office of the Zoning Administrator.
      
5. Approval Standards. The following standards shall apply to approval of a permitted use. 
   
   1. A permitted use shall:
      
      1. Be allowed as a permitted use in the applicable zone;
         
      2. Conform to development standards of the applicable zone;
         
      3. Conform to applicable regulations of general applicability and regulations for specific uses set forth in this Title; and
         
      4. Conform to any other applicable requirements of the Centerville Municipal Code.
         
   2. Conditions may be imposed as necessary to achieve conformance with applicable code requirements.
      
   3. If proposed development is located on a parcel, the development and permitted use permit approval shall be subject to CZC 12.55.132 (Development or Use of Parcel).
      
6. Appeal. Any person adversely affected by a final decision of the Zoning Administrator regarding a permitted use review may appeal that decision to the Board of Adjustment as provided in CZC 12.21.200.
   
7. Effect of Approval. Approval of a permitted use shall authorize an applicant to engage in the permitted use subject to any conditions of approval. Approval of a permitted use shall not be deemed an approval of any conditional use permit, site plan or other permit. Approval of such permits shall be obtained in accordance with applicable provisions of this Title and other applicable provisions of the Centerville Muncipal Code.
   
8. Amendment. The procedure for amending any permitted use approval shall be the same as the original procedure set forth in this Section.
   
9. Revocation. A permitted use approval may be revoked as provided in CZC 12.23.070.
   
10. Expiration. Except as otherwise provided in this Title, a permitted use approval shall expire and have no further force or effect if the building, activity, construction or occupancy authorized by the approval is not commenced within 180 days after approval or is not substantially completed within two years.

1. Purpose. This Section sets forth procedures for considering and approving conditional use permits. 
   
2. Authority. The Planning Commission is authorized to issue conditional use permits as provided in this Section.
   
3. Initiation. A property owner may request a conditional use permit as provided in this Section. An agent of a property owner shall provide a notarized authorization.
   
4. Procedure. An application for a conditional use permit shall be considered and processed as provided in this Section.
   
   1. A complete application shall be submitted to the office of the Zoning Administrator in a form established by the Zoning Administrator along with any fees and deposits set forth in the City Fee Schedule. The application shall include at least the following information:
      
      1. The name, address, email and telephone number of the applicant and the applicant's agent, if any;
         
      2. The address and parcel identification of the subject property;
         
      3. The zone, zone boundaries and present use of the subject property;
         
      4. A description of the proposed conditional use;
         
      5. A plot plan showing the following;
         
         1. Applicant's name;
            
         2. Site address;
            
         3. Property boundaries and dimensions;
            
         4. Layout of existing and proposed buildings, parking, landscaping, and utilities; and
            
         5. Adjoining property lines and uses within 100 feet of the subject property.
            
      6. Traffic impact analysis, if required by the City Engineer, Zoning Administrator, or the Planning Commission;
         
      7. A statement by the applicant demonstrating how the conditional use permit request meets the approval standards of Subsection (e);
         
      8. Such other and further information or documentation as the Zoning Administrator or Planning Commission may reasonably deem necessary for proper consideration and determination of whether the application meets the requirements of this Section and applicable provisions of the Zoning Code. 
   2. After the application is determined to be complete in accordance with CZC 12.21.040(e), the Zoning Administrator shall prepare a staff report analyzing the application. 
   3. The Planning Commission shall schedule and hold a public hearing on the proposed conditional use permit application. Public notice of the public hearing and the public meeting shall be provided in accordance with the provisions of CZC 12.21.050. After due consideration the Planning Commission shall approve, approve with conditions, or deny the application pursuant to the standards set forth in Subsection (e).
   4. A conditional use shall be approved if reasonable conditions are proposed, or can be imposed, to mitigate the reasonably anticipated detrimental effects of the proposed use in accordance with applicable standards. If the reasonably anticipated detrimental effects of the proposed conditional use cannot be substantially mitigated by the proposal or the imposition of reasonable conditions to achieve compliance with applicable standards, the conditional use may be denied. Any conditions of approval shall be limited to conditions needed to conform the conditional use permit to approval standards.
      
   5. After the Planning Commission makes a decision, the Zoning Administrator shall give the applicant written notice of the decision.
      
   6. A record of all conditional use permits shall be maintained in the office of the Zoning Administrator.
      
5. Approval Standards. The following standards shall apply to the issuance of a conditional use permit. 
   
   1. A conditional use permit may be issued only when the proposed conditional use is allowed by the zone where the conditional use will be located, or by another provision of this Title.
      
   2. Conditions may be imposed as necessary to prevent or minimize adverse effects upon other property or improvements in the vicinity of a conditional use, upon the City as a whole, or upon public facilities and services. Such conditions may include, but are not limited to, conditions concerning use, construction, character, location, landscaping, screening, parking, hours of operation, and other matters relating to the purposes and objectives of this Title. Such conditions shall be expressly set forth in the approval authorizing a conditional use permit.
      
   3. No conditional use permit shall be authorized unless the evidence presented establishes:
      
      1. The proposed use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity;
         
      2. The proposed use of the particular location is necessary or desirable to provide a service or facility which will contribute to the general well-being of the neighborhood and the community;
         
      3. The proposed use will comply with regulations and conditions specified in this Title for such use; and
         
      4. The proposed use will comply with applicable provisions of the General Plan.
         
   4. The Planning Commission may request additional information as may be reasonably needed to determine whether the requirements of this Subsection can be met.
      
   5. The following factors should be reviewed and considered in determining whether a conditional use permit application should be approved, approved with conditions, or denied:
      
      1. The suitability of the specific property for the proposed use;
         
      2. The development or lack of development adjacent to the proposed site and the harmony of the proposed use with existing uses in the vicinity; 
         
      3. Whether or not the proposed use or facility may be injurious to potential or existing development in the vicinity;
         
      4. The economic impact of the proposed facility or use on the surrounding area;
         
      5. The aesthetic impact of the proposed facility or use on the surrounding area;
      6. The present and future requirements for transportation, traffic, water, sewer, and other utilities, for the proposed site and surrounding area;
         
      7. The safeguards proposed or provided to insure adequate utilities, transportation access, drainage, parking, loading space, lighting, screening, landscaping, open space, fire protection, and pedestrian and vehicular circulation;
         
      8. The safeguards provided or proposed to prevent noxious or offensive omissions such as noise, glare, dust, pollutants and odor from the proposed facility or use;
         
      9. The safeguards provided or proposed to minimize other adverse effects from the proposed facility or use on persons or property in the area; and
         
      10. The impact of the proposed facility or use on the health, safety, and welfare of the City, the area, and persons owning or leasing property in the area.
          
6. Appeal. Any person adversely affected by a final decision of the Planning Commission regarding the transfer, issuance, revocation or denial of a conditional use permit may appeal that decision to the Board of Adjustment as provided in CZC 12.21.200.
   
7. Effect of Approval. A conditional use permit shall not relieve an applicant from obtaining any other authorization or permit required under this Title or any other applicable provisions of the Centerville Municipal Code.
   
   1. A conditional use permit may be transferred so long as the use conducted thereunder conforms to the terms of the permit. 
      
   2. Unless otherwise specified by the Planning Commission and subject to the provisions relating to amendment, revocation or expiration of a conditional use permit, a conditional use permit shall be of indefinite duration and shall run with the land.
      
8. Amendment. The procedure for amending a conditional use permit shall be the same as the original procedure set forth in this Section.
   
9. Revocation. A conditional use permit may be revoked as provided in CZC 12.23.070. 
   
   1. In addition to the grounds set forth in CZC 12.23.070, any of the following shall be grounds for revocation of a conditional use permit:
      
      1. The use for which a permit was granted has ceased for one year or more;
         
      2. The holder or user of a permit has failed to comply with the conditions of approval or any city, state, or federal law governing the conduct of the use;
         
      3. The holder or user of the permit has failed to construct or maintain the site as shown on the approved site plan or map; or
         
      4. The operation of the use or the character of the site has been found to be a nuisance or a public nuisance by a court of competent jurisdiction in any civil or criminal proceeding.
         
   2. No conditional use permit shall be revoked against the wishes of the holder or user of the permit without first giving such person an opportunity to appear before the Planning Commission and show cause as to why the permit should not be amended or revoked. Revocation of a permit shall not limit the City's ability to initiate or complete other legal proceedings against the holder or user of the permit.
      
10. Expiration. A conditional use permit shall expire and have no further force or effect if the building, activity, construction or occupancy authorized by the permit is not commenced within 180 days after approval, is not substantially completed within two years, or is abandoned.

1. Purpose. This Section sets forth procedures for considering and approving a site plan. Such procedures are intended to provide for orderly, harmonious, safe and functionally efficient development consistent with the priorities, values, and guidelines found in various elements of the General Plan and this Title.
   
2. Authority. The Planning Commission is authorized to approve site plans as provided in this Section.
   
3. Initiation. A property owner may request approval of a site plan as provided in this Section. An agent of a property owner shall provide an affidavit of authorization.
   
   1. Site Plan approval is a two-step process consisting of: (1) conceptual site plan review and approval; and (2) final site plan review and approval. In order to provide for appropriate review and analysis, conceptual and final site plan applications shall not be reviewed by the Planning Commission concurrently or at the same meeting. 
      
   2. Conceptual and final site plan review and approval shall be required for any of the following uses unless expressly exempted from such requirement by another provision of this Title:
      
      1. Any multiple-family residential use;
         
      2. Any public or civic use;
         
      3. Any commercial use;
         
      4. Any industrial use; or
         
      5. Any planned development within a PDO zone.
         
   3. When site plan approval is required, no building permit for the construction of any building, structure, or other improvement to the site shall be issued prior to approval of the required plan. No clearing, grubbing, grading, drainage work, parking lot construction or other site improvement shall be undertaken prior to site plan approval.
      
4. Conceptual Site Plan Approval. An application for conceptual site plan approval shall be considered and processed as provided in this Subsection.
   
   1. A complete application for conceptual site plan approval shall be submitted to the Zoning Administrator in a form established by the Zoning Administrator along with any fees and deposits as set forth in the City Fee Schedule.  
      
   2. A conceptual site plan shall be drawn to scale and shall show a realistic layout reflecting how the property reasonably could be developed considering existing and envisioned conditions on the subject property and adjoining property, and the development standards of the zone in which the property is located.
      
      1. A conceptual site plan application shall include at least the following information:
         
         1. The name, address, email and telephone number of the applicant and the applicant's agent, if any;
            
         2. Legal description of the property and parcel number;
            
         3. Lot or parcel dimensions, square footage, and orientation;
            
         4. Location, topography, and layout of proposed lots;
            
         5. Location, height, and setbacks of existing and proposed buildings on the subject property and immediately adjoining property;
            
         6. Proposed use of the buildings and site;
            
         7. Location and height of existing and proposed walls and fences;
            
         8. Height, bulk and preliminary elevations of proposed buildings;
            
         9. Location, arrangement and layout of landscaping and open space;
            
         10. Location, name and width of existing and proposed streets and sidewalks;
             
         11. Traffic and pedestrian circulation patterns, including proposed access to the property;
             
         12. Location, number, access points, and design of carports, garages and other off-street parking spaces and loading areas;
             
         13. Location, number, type, and size of signs;
             
         14. Preliminary utility plans, including water, sewer, and storm drainage plans, including availability of utilities;
             
         15. Proposed reservations for parks, playgrounds, school, and other public facility sites, if any;
             
         16. Relationship of the property to adjoining properties and uses;
             
         17. Tables showing the number of acres in the proposed development and a land use summary; and
             
         18. A development schedule indicating the approximate date when construction or its stages can be expected to begin and be completed.
             
   3. After an application for conceptual site plan is determined to be complete in accordance with CZC 12.21.040(e), the Zoning Administrator shall prepare a staff report evaluating the application.
      
   4. The Planning Commission shall schedule and hold a public hearing on the proposed conceptual site plan. Public notice of the public hearing and public meeting shall be provided in accordance with the provisions of CZC 12.21.050. After due consideration, the Planning Commission shall accept, accept with conditions, or reject the application pursuant to the standards set forth herein. Any conditions of acceptance shall be limited to conditions needed to conform the conceptual site plan to approval standards and ordinance requirements. Any conceptual site plan acceptance for a planned development shall not be effective until and unless a corresponding Planned Development Overlay Zone is approved by the City Council. 
      
   5. A conceptual site plan is not intended to permit actual development of property pursuant to such plan but shall be prepared and reviewed merely to represent how the property could be developed.
      
5. Final Site Plan Approval. An application for final site plan approval shall be considered and processed as provided in this Subsection.
   
   1. After acceptance of a conceptual site plan, the applicant shall submit a complete application for final site plan approval to the Zoning Administrator in a form established by the Zoning Administrator along with any fees and deposits set forth in the City Fee Schedule.  
      
   2. Final site plan application shall include at least the following information:
      
      1. The name, address, email and telephone number of the applicant and the applicant's agent, if any.
         
      2. The uses for which site plan approval is requested.
         
      3. A set of development plans showing the information required in Subsections (i) to (vi) of this Subsection. The information required by each Subsection shall be shown on separate sheets. Plans shall be drawn at a scale no smaller than one inch equals 100 feet on 24" x 36" sheets. Except for the landscaping plan, the plans shall be prepared, stamped and signed by a professional engineer licensed by the State of Utah. One set of plans, reduced to fit on 11" x 17" inch paper, shall be provided.
         
         1. Site plan showing the following:
            
            1. All infrastructure and development facilities related to the project located within 250 feet of the site boundary;
               
            2. Layout, dimensions, and names of existing and future road rights-of-way;
               
            3. Project name, North arrow, and tie to a Section monument;
               
            4. The boundary lines of the project site with bearings and distances;
               
            5. Layout and dimensions of proposed streets, buildings, parking areas, and landscape areas;
               
            6. Location, dimensions, and labeling of other features such as bicycle racks, dumpsters, trash cans, fences, signage, and mechanical equipment;
               
            7. Location of man-made features including irrigation facilities, bridges, railroad tracks, and buildings; and
               
            8. A tabulation table, showing total gross acreage, square footage of street rights of way, square footage of building footprint, square footage of total building floor area, square footage of landscaping, number of parking spaces, and if any, the number and type of dwellings, and the percentage devoted to each dwelling type and overall dwelling unit density.
               
         2. Identification of property, if any, not proposed for development.
            
         3. Grading and drainage plan showing the following:
            
            1. North arrow, scale, and site plan underlay;
               
            2. Topography contours at two foot intervals;
               
            3. Areas of substantial earth moving with an erosion control plan;
               
            4. Location of existing water courses, canals, ditches, springs, wells, culverts, and storm drains, and proposed method of dealing with all irrigation and waste water;
               
            5. Location of any designated flood plain and/or wetland boundaries; and
               
            6. Direction of storm water flows, catch basins, inlets, outlets, waterways, culverts, detention basins, orifice plates, outlets to off-site facilities, and off-site drainage facilities when necessary based on adopted City requirements.
               
         4. Utility plan showing the following:
            
            1. North arrow, scale, and site plan underlay;
               
            2. All existing and proposed utilities including, but not limited to, sewer, culinary water, secondary water, fire hydrants, storm drains, subsurface drains, gas lines, power lines, communications lines, cable television lines, and street lights;
               
            3. Minimum fire flow required by the Construction Codes for the proposed structures, and fire flow calculations at all hydrant locations;
               
            4. Location and dimensions of all utility easements; and
               
            5. A letter from sewer and water providers, addressing the feasibility and their requirements to serve the project.
               
         5. Landscaping plan, consistent with the requirements of CZC 12.51 (Landscaping and Screening).
            
         6. Building elevations for all buildings showing the following:
            
            1. Accurate front, rear, and side elevations drawn to scale;
               
            2. Exterior surfacing materials and colors, including roofing material and color;
               
            3. Outdoor lighting, furnishings and architectural accents; and
               
            4. Location and dimensions of signs proposed to be attached to the building or structure.
               
      4. Where one or more conditions of unusual soil, vegetation, geology or slope exist, resulting in increased fire, flood or erosion hazards, traffic circulation problems, sewage disposal problems, and potential property damage from extensive soil slippage and subsidence, an applicant shall, upon request of the Planning Commission or City Engineer, provide contour and drainage plans, cut and fill specifications, and soil and geologic reports. The required details of such reports and plans may vary depending on the severity of the unusual conditions, but in any event such plans and reports shall be reviewed and approved by the City prior to final approval of a development project.
         
      5. Any necessary agreements with adjacent property owners regarding storm drainage or other pertinent matters.
         
      6. Evidence of compliance with applicable federal, state, and local laws and regulations, if requested by the Zoning Administrator.
         
      7. A traffic impact analysis, if requested by the City Engineer or the Planning Commission.
         
      8. Warranty deed and preliminary title report or other document showing the applicant has control of the property.
         
      9. Parcel map(s) from the Davis County Recorder's Office showing the subject property and all property located within 400 feet thereof.
         
   3. After the application for final site plan is determined to be complete in accordance with CZC 12.21.040(e), the Zoning Administrator shall prepare a staff report evaluating the application. 
   4. The Planning Commission shall schedule and hold a public meeting and after due consideration shall approve, approve with conditions, or deny the application pursuant to the standards set forth in Subsection (f). Public notice of the public meeting shall be provided in accordance with the provisions of CZC 12.21.050. Any conditions of approval shall be limited to conditions needed to conform the site plan to approval standards.
      
   5. After the Planning Commission makes a decision, the Zoning Administrator shall give the applicant written notice of the decision.
   6. Prior to the issuance of any building permit, the applicant shall provide the City a copy of the approved final site plan which includes any required corrections or revisions. Once in final, approved form, a site plan shall be dated and marked "approved" by the City and shall be used as the basis for inspecting development and construction on the property subject to the site plan.
      
   7. A record of all site plan approvals shall be maintained in the office of the Zoning Administrator.
      
6. Standards for Approval. The following standards shall apply to the approval of a site plan.
   
   1. A final site plan shall conform to its associated conceptual site plan.
      
   2. The entire site shall be developed at one time unless a phased development plan is approved by the approving authority. A phased development plan shall show:
      
      1. The planned development of the entire site; and
         
      2. The timing and sequencing of improvements to be completed with each phase, particularly amenities, open space, and public improvements.
         
   3. A site plan shall conform to applicable standards set forth in this Title and other applicable provisions of the Centerville Municipal Code. Conditions may be imposed as necessary to achieve compliance with applicable code requirements.
      
7. Improvements Agreement.  Prior to or as a condition of final site plan approval by the Planning Commission, the developer shall enter into an Improvements Agreement acceptable to the City providing security to ensure completion of any and all public improvements required to be installed in connection with the site plan development. The Improvements Agreement shall comply with the provisions and requirements of CMC 15 (Subdivisions) regarding Improvements Agreements for subdivision development. The warranty period for site plan Improvements Agreements shall be as set forth in CMC 15 (Subdivisions) regarding the warranty period for public improvements for subdivision development. 
   
8. Planned Centers.  Individual uses in a planned center shall be subject to the following requirements:
   
   1. The overall planned center shall have been approved as a conditional use which shall include an overall site plan, development guidelines, and a list of uses allowed in the planned center.
      
   2. Development guidelines for a planned center shall, at a minimum, address the following topics:
      
      1. General site engineering (e.g., storm drainage, provision of utilities, erosion control, etc);
         
      2. Architectural guidelines, including building setbacks, height, massing and scale, site coverage by buildings, materials, and colors;
         
      3. Landscaping and open space standards;
         
      4. Signage;
         
      5. Exterior lighting;
         
      6. Parking, pedestrian and vehicular circulation, and access to the site;
         
      7. Rights of access within the center (use of cross easements, etc);
         
      8. Development phasing and improvements to be completed with each phase;
         
      9. Outdoor sales, storage and equipment;
         
      10. Fencing and walls; and
          
      11. Maintenance standards and responsibilities.
          
   3. After approval of a planned center, individual uses therein may be approved pursuant to a building permit. Building permits for individual uses within an approved planned center shall be reviewed by the Zoning Administrator for compliance of the proposed use to the overall site plan, development guidelines, and approved use list for the planned center. The Zoning Administrator shall approve, approve with conditions, or deny the permit based on compliance with applicable conditions of the site plan and provisions of this Title.
      
9. Appeal of Decision. Any person adversely affected by a final decision of the Planning Commission or Zoning Administrator regarding approval or denial of a site plan may appeal that decision to the Board of Adjustment as provided in CZC 12.21.200.
   
10. Effect of Approval. Every site for which a site plan has been approved shall conform to such plan.
    
    1. A building permit shall not be issued for any building or structure, external alterations thereto, or any sign or advertising structure until the provisions of this Section have been met. No structures or improvements may be constructed unless shown on an approved site plan or required by law.
       
    2. Approval of a site plan shall not be deemed an approval of any conditional use permit or other permit. Approval of such permits shall be obtained in accordance with applicable provisions of this Title and other applicable provisions of the Centerville Municipal Code. 
       
11. Amendment. Except as may be provided elsewhere in this Title, no element of an approved site plan shall be changed or modified without first obtaining approval of an amended site plan as follows:
    
    1. Alteration or expansion of an approved site plan may be permitted by the Zoning Administrator upon making the following findings:
       
       1. The proposed amendment does not relate to a matter specifically required as a condition of approval by the approving authority;
          
       2. Any proposed change of use is consistent with uses permitted on the site;
          
       3. Existing uses were permitted when the site plan was approved, or have received a conditional use permit;
          
       4. The proposed use and site will conform to applicable requirements of the Centerville Municipal Code;
          
       5. The proposed alteration or expansion meets the approval standards of Subsection (f);
          
       6. The architecture of the proposed alteration or expansion, and landscaping, site design and parking layout are compatible with facilities existing on the site; and
          
       7. The site can accommodate any change in the number of employees on the site or any change in impact on surrounding infrastructure.
          
    2. If the Zoning Administrator cannot make the findings required in the foregoing Subsection, a conditional use permit or amended site plan, as the case may be, shall be approved by the Planning Commission before any alteration or expansion occurs.
       
    3. Except as provided in Subsection (1), the procedure for approval of an amended site plan shall be the same as the procedure for approval of an original site plan as set forth in this Section.
       
12. Revocation. A site plan approval may be revoked as provided in CZC 12.23.070.
    
13. Expiration.
    
    1. A conceptual site plan approval shall expire and have no further force or effect if a completed application for final site plan approval is not submitted within one year after the conceptual site plan is approved.
       
    2. A final site plan approval shall expire and have no further force or effect if the building, activity, construction or occupancy authorized by the approval is not commenced within one year or not substantially completed within two years from the date of final site plan approval.

1. Purpose. A special exception is an activity or use incidental to or in addition to a principal use permitted in a zone, or an adjustment to a fixed dimensional standard permitted as an exception to the requirements of this Title. A special exception has less potential impact than a conditional use but still requires careful review of such factors as location, design, configuration and/or impacts to determine the desirability of authorizing its establishment on any given site. This Section sets forth procedures for considering and approving special exceptions to the provisions of this Title. 
   
2. Authority. The Planning Commission is authorized to approve special exceptions to the provisions of this Title as provided in this Section.
   
   1. The following special exceptions and no others are authorized subject to the provisions of this Section:
      
      1. A temporary building for residential, commercial, or industrial use may be permitted for up to one year when the building is incidental to a permitted use;
         
      2. A nonconforming building or structure, or a building or structure occupied by a nonconforming use, may be relocated on a lot or parcel; and
         
      3. Where specifically authorized by a provision of this Title.
         
   2. The Planning Commission may, by motion, designate any special exception authorized by this Section as a routine and uncontested matter for decision by the Zoning Administrator pursuant to the procedures set forth in CZC 12.21.180 subject to the notice and approval standards for special exceptions in this Section.
      
3. Initiation. A property owner may request a special exception to the provisions of this Title as provided in this Section. An agent of a property owner shall provide an affidavit of authorization.
   
4. Procedure. An application for a special exception shall be considered and processed as provided in this Subsection.
   
   1. A complete application shall be submitted to the Zoning Administrator in a form established by the Zoning Administrator along with any fees or deposits set forth in the City Fee Schedule. The application shall include at least the following information:
      
      1. The name, address, email and telephone number of the applicant and the applicant's agent, if any;
         
      2. The address and lot or parcel identification of the subject property;
         
      3. The zone, zone boundaries, and present use of the subject property;
         
      4. A complete description of the proposed special exception;
         
      5. A plot plan showing the following; and
         
         1. Applicant's name;
            
         2. Site address and parcel number;
            
         3. Property boundaries and dimensions;
            
         4. Layout of existing and proposed buildings, parking, landscaping, and utilities;
            
         5. Adjoining property lines and uses within 100 feet of the subject property; and
            
      6. A plat map of the subject property as recorded in the Davis County Recorder's Office.
         
      7. Such other and further information or documentation as the Zoning Administrator or Planning Commission may reasonably deem necessary for full and proper consideration and determination of whether the application meets the requirements of this Section and applicable provisions of the Zoning Code.
         
      8. If the special exception application is for a sign, a sign permit application shall be submitted at the same time as the special exception application.
         
   2. After an application is determined to be complete in accordance with CZC 12.21.040(e), the Zoning Administrator shall prepare a staff report evaluating the application. 
   3. The Planning Commission shall consider at a public meeting the proposed special exception application. Public notice of the public meeting shall be provided in accordance with the provisions of CZC 12.21.050. After due consideration the Planning Commission shall approve, approve with conditions or deny the application pursuant to the standards set forth in Subsection (e). Any conditions of approval shall be limited to conditions needed to conform the special exception to approval standards.
      
   4. After the Planning Commission makes a decision, the Zoning Administrator shall give the applicant written notice of the decision.
      
   5. A record of all special exceptions shall be maintained in the office of the Zoning Administrator.
      
5. Approval Standards. The following standards shall apply to the approval of a special exception.
   
   1. Conditions may be imposed as necessary to prevent or minimize adverse effects upon other property or improvements in the vicinity of the special exception, upon the City as a whole, or upon public facilities and services. These conditions may include, but shall not limited to, conditions concerning use, construction, character, location, landscaping, screening, parking and other matters relating to the purposes and objectives of this Title. Such conditions shall be expressly set forth in the approval of a special exception.
      
   2. The Planning Commission shall not authorize a special exception unless the evidence presented establishes the proposed special exception:
      
      1. Will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity;
         
      2. Will not create unreasonable traffic hazards; and
         
      3. Is located on a lot or parcel of sufficient size to accommodate the special exception.
         
6. Appeal of Decision. Any person adversely affected by a final decision of the Planning Commission or Zoning Administrator regarding a special exception may appeal that decision to the Board of Adjustment as provided in CZC 12.21.200. 
   
7. Effect of Approval. A special exception shall not authorize the establishment of any use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for any approvals or permits that may be required by this Title and other applicable provisions of the Centerville Municipal Code.
   
8. Amendment. The procedure for amending a special exception shall be the same as the original procedure set forth in this Section.
   
9. Revocation. A special exception may be revoked as provided in CZC 12.23.070.
   
10. Expiration. A special exception shall expire and have no further force or effect if the building, activity, construction or occupancy authorized by the special exception is not commenced within 180 days after approval or not substantially completed within two years.

1. Purpose. This Section sets forth procedures for considering and approving a variance to the provisions of this Title. Variance procedures are intended to provide a narrowly circumscribed means by which relief may be granted from particular unforeseen applications of the provisions of this Title that create unreasonable hardships.  The provisions set forth herein regarding variance are intended to comply with applicable State law provisions as set forth in Utah Code § 10-9a-702.
   
2. Authority. The Board of Adjustment is authorized to hear and decide variances to the provisions of this Title as provided in this Section.
   
3. Initiation. A property owner or the owner's lessee may request a variance to the provisions of this Title as provided in this Section. An agent of a property owner shall provide an affidavit of authorization.
   
4. Procedure. An application for a variance shall be considered and processed as provided in this Subsection.
   
   1. A complete application shall be submitted to the Zoning Administrator in a form established by the Zoning Administrator along with any fees and deposits set forth in the City Fee Schedule. The application shall include at least the following information:
      
      1. The name, address, email and telephone number of the applicant and the applicant's agent, if any;
         
      2. The address and parcel identification of the subject property;
         
      3. The specific feature or features of the proposed use, construction or development that require a variance;
         
      4. The specific provision of this Title from which a variance is sought;
         
      5. A statement of the characteristics of the subject property that prevent compliance with the provisions of this Title and result in unnecessary hardship;
         
      6. A statement of the amount of variation needed to allow the proposed use, construction or development;
         
      7. An explanation of how the application satisfies the variance standards set forth in Subsection (e);
         
      8. A plot plan showing the following;
         
         1. Applicant's name;
            
         2. Site address;
            
         3. Property boundaries and dimensions;
            
         4. Layout of existing and proposed buildings, parking, landscaping, and utilities; and
            
         5. Adjoining property lines and uses within 100 feet of the subject property.
            
      9. An elevation plan drawn to scale showing elevations of existing and proposed structures;
         
      10. When the variance involves building height, a streetscape plan showing the height of all buildings within 150 feet of the subject property;
          
      11. When a variance involves grade changes, a topographical drawing prepared by a licensed surveyor or civil engineer, showing existing topography in dashed lines at two foot intervals and showing the proposed grade in solid lines at two foot intervals;
          
      12. When a variance involves retaining walls, a plan showing all retaining walls, including their height relative to proposed grades; and
          
      13. Any other information reasonably determined by the Zoning Administrator or Board of Adjustment to be pertinent to a requested variance.
          
   2. After the application is determined to be complete in accordance with CZC 12.21.040(e), the Zoning Administrator shall prepare a staff report evaluating the application. 
   3. The Board of Adjustment shall schedule and hold a public meeting. Notice of the public meeting shall be provided in accordance with CZC 12.21.050. After due consideration the Board of Adjustment shall approve, approve with conditions or deny the application pursuant to the standards set forth in Subsection (e). Any conditions of approval shall be limited to conditions needed to conform the variance to approval standards.
      
   4. After the Board of Adjustment makes a decision, the Zoning Administrator shall give the applicant written notice of the decision.
      
   5. A record of all variances shall be maintained in the office of the Zoning Administrator.
      
5. Approval Standards. The following standards shall apply to a variance. 
   
   1. The Board of Adjustment may grant a variance only if:
      
      1. Literal enforcement of any provision of this Title would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of this Title;
         
      2. There are special circumstances attached to the property that do not generally apply to other properties in the same zoning district;
         
      3. Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zoning district;
         
      4. The variance will not substantially affect the General Plan and will not be contrary to the public interest; and 
         
      5. The spirit of this Title is observed and substantial justice done.
         
   2. In determining whether or not enforcement of any provision of this Title would cause unreasonable hardship, the Board of Adjustment may not find unreasonable hardship unless the alleged hardship is located on or associated with the property for which the variance is sought and comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood. The Board of Adjustment may not find an unreasonable hardship exists if the hardship is self imposed or economic.
      
   3. In determining whether or not there are special circumstances attached to the property, the Board of Adjustment may find that special circumstances exist only if the special circumstances relate to the hardship complained of and deprive the property of privileges granted to other properties in the same zone.
      
   4. An applicant shall bear the burden of proving that all of the conditions justifying a variance have been met.
      
   5. A use variance may not be granted.
      
   6. In granting a variance, the Board of Adjustment may impose additional requirements on an applicant that will mitigate any harmful effects of the variance, or serve the purpose of the standard or requirement that is waived or modified.
      
   7. A variance more restrictive than that requested by an applicant may be authorized when the record supports the applicant's right to some relief but not to the extent requested.
      
6. Appeal. Any person adversely affected by a final decision of the Board of Adjustment regarding a variance may appeal that decision to the district court as provided in Utah Code § 10-9a-801.
   
7. Effect of Approval. A variance shall not authorize the establishment of any use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for any approvals or permits that may be required by this Title and other applicable provisions of the Centerville Municipal Code.
   
8. Amendment. The procedure for amending any variance decision shall be the same as the original procedure set forth in this Section.
   
9. Expiration. Variances shall not expire but shall run with the land.

1. Purpose. This Section sets forth procedures for determining zoning compliance of a building permit application. This Section applies in addition to applicable requirements of the Construction Codes and regulations adopted by the City.
   
2. Authority. The Zoning Administrator is authorized to review building permits for zoning compliance as provided in this Section.
   
3. Initiation. Any property owner may apply for a building permit as provided in the Construction Codes adopted by the City. An agent of a property owner shall provide an affidavit of authorization.
   
4. Procedure. A building permit application shall be reviewed for zoning compliance as provided in this Subsection.
   
   1. A complete building permit application shall be submitted to the Building Official in a form established by the Building Official along with any fees and deposits set forth in the City Fee Schedule. The application shall include at least the following information:
      
      1. The name, address, email and telephone number of the applicant and the applicant's agent, if any; and
         
      2. A plot plan showing the following;
         
         1. Applicant's name;
            
         2. Site address;
            
         3. Property boundaries and dimensions;
            
         4. Layout of existing and proposed buildings, parking, landscaping, and utilities; and
            
         5. Adjoining property lines and uses within 100 feet of the subject property.
            
   2. After an application is determined to be complete by the Building Official in accordance with CZC 12.21.041(e), the Building Official shall transmit the application to the Zoning Administrator. The Zoning Administrator shall approve, approve with conditions, or deny the zoning compliance request pursuant to the standards set forth in Subsection (e). Any conditions of approval shall be limited to conditions needed to conform the permit to approval standards.
      
   3. After making a decision, the Zoning Administrator shall give the Building Official written notice of the zoning compliance decision.
      
   4. A record of all zoning compliance reviews shall be maintained in the office of the Zoning Administrator.
      
5. Approval Standards. The following standards shall apply to determine zoning compliance of a building permit application.
   
   1. No building permit shall be approved for zoning compliance unless the proposed building, structure or use when built and the land on which it is located will conform to applicable provisions of this Title and any applicable conditions of approval required under a permit applicable to the subject property. The use authorized in a building or structure authorized by a building permit shall:
      
      1. Be allowed as a permitted use in the applicable zone;
         
      2. Conform to development standards of the applicable zone;
         
      3. Conform to applicable regulations of general applicability and regulations for specific uses set forth in this Title; and
         
      4. Conform to any other applicable requirements of the Centerville Municipal Code.
         
   2. Conditions may be imposed as necessary to achieve conformance with applicable code requirements.
      
6. Appeal. Any person adversely affected by a final decision of the Zoning Administrator regarding zoning compliance of a building permit may appeal that decision to the Board of Adjustment as provided in CZC 12.21.200.
   
7. Effect of Approval. Approval of zoning compliance shall authorize an applicant to proceed with the building permit review process. The requirements of this Section shall be in addition to any other requirements for the issuance of a building permit, as contained in this Title, and other applicable provisions of the Centerville Muncipal Code.
   
8. Amendment. The procedure for amending any building permit zoning compliance decision shall be the same as the original procedure set forth in this Section.
   
9. Expiration. A building permit shall expire and have no further force or effect if the building, activity, construction or occupancy authorized by the permit is not commenced within the time provided by the Construction Codes or not substantially completed within two years.

1. Purpose. This Section sets forth procedures for determining the existence, expansion, or modification of a nonconforming use, structure, lot, or other nonconformity. The provisions set forth herein are also intended to cover noncomplying structures, as that term is defined and utilized in Utah Code §§ 10-9a-101, et seq. See also, Chapter 12.22 (Nonconformities).
   
2. Authority. The Board of Adjustment is authorized to make determinations regarding the existence, expansion or modification of a nonconforming use, structure, lot, or other nonconformity as provided in this Section.
   
3. Initiation. A property owner may request a determination regarding the existence, expansion or modification of a nonconforming use, structure, lot, or other nonconformity affecting the owner's property as provided in this Section. An agent of a property owner shall provide an affidavit of authorization.
   
4. Procedure. An application for a determination of the existence, expansion, or modification of a nonconforming use, structure, lot, or other nonconformity shall be considered and processed as provided in this Subsection.
   
   1. A complete application shall be submitted to the Zoning Administrator in a form established by the Zoning Administrator along with any fees and deposits set forth in the City Fee Schedule. The application shall include at least the following information:
      
      1. The name, address, email and telephone number of the applicant and the applicant's agent, if any;
         
      2. The nonconforming use, structure, lot or parcel, or other nonconformity in question;
         
      3. A description of the action requested by the applicant; and
         
      4. Grounds for finding the use, structure, lot or parcel, or other circumstance is nonconforming or for allowing expansion or modification of the nonconformity.
         
   2. After an application is determined to be complete in accordance with CZC 12.21.040(e), the Zoning Administrator shall prepare a staff report evaluating the application. 
      
   3. The Board of Adjustment shall schedule and hold a public meeting on the application. Public notice of the public meeting shall be provided in accordance with the provisions of CZC 12.21.050. After due consideration the Board of Adjustment shall approve, approve with conditions or deny the application pursuant to the standards set forth in Subsection (e). Any conditions of approval shall be limited to conditions needed to conform the nonconformity, its expansion or modification to approval standards.
      
   4. After making a decision, the Board of Adjustment shall give the applicant written notice of the decision. 
      
   5. A record of all nonconforming use determinations shall be maintained in the office of the Zoning Administrator.
      
5. Standard for Decision. A determination regarding the existence, expansion or modification of a nonconforming use, structure, lot or parcel, or other nonconformity shall be based on applicable provisions of CZC 12.22 (Nonconformities).
   
6. Appeal. Any person adversely affected by a final decision of the Board of Adjustment regarding a nonconforming use, structure, lot, or other nonconformity may appeal that decision to the district court as provided in Utah Code § 10-9a-801.
   
7. Effect of Decision. Except as otherwise provided by this Title or Utah law, a nonconforming use or noncomplying structure may be continued by the present or future property owner. 
   
8. Expiration. Determinations regarding nonconformities shall not expire, but shall run with the land.

1. Purpose. This Section sets forth procedures and objective standards for the review and approval or denial of a sign permit.
   
2. Authority. The Zoning Administrator is authorized to issue sign permits in accordance with the procedures and objective standards for review as set forth in this Section and CZC 12.54 (Signs). Decisions regarding the review, approval or denial of a sign permit are administrative proceedings and shall be made in accordance with the provisions of CZC 12.21.060(b) regarding Decision Making Standards for administrative proceedings.
   
3. Initiation. A property owner may apply for a sign permit as provided in this Section. An agent of a property owner shall provide a notarized authorization.
   
4. Procedure. An application for a sign permit shall be considered and processed as provided in this Subsection.
   
   1. A complete application shall be submitted to the Zoning Administrator in a form established by the City along with any fees and deposits set forth in the City Fee Schedule. The application shall include at least the following information:
      
      1. The name, address, email and telephone number of the applicant and the applicant's agent, if any;
         
      2. A statement by the applicant demonstrating how the sign permit request meets the approval standards of Subsection (e);
         
      3. A plot plan showing the following:
         
         1. Applicant's name;
            
         2. Site address;
            
         3. Property boundaries and dimensions;
            
         4. Layout of existing and proposed buildings, parking, landscaping, and utilities; and
            
         5. Adjoining property lines and uses within 100 feet of the subject property.
            
      4. An elevation drawing showing:
         
         1. Type of sign;
            
         2. Sign location in relation to nearest property line;
            
         3. Sign face design;
            
         4. Sign height;
            
         5. Sign face area;
            
         6. Sign illumination details; and
            
         7. Reflective elements and materials.
            
   2. After an application is determined to be complete in accordance with CZC 12.21.040(e), the Zoning Administrator shall approve, approve with conditions or deny the application pursuant to the standards set forth in Subsection (e). Any conditions of approval shall be limited to conditions needed to conform the sign permit to approval standards.
      
   3. After making a decision, the Zoning Administrator shall give the applicant written notice of the decision.
      
   4. A record of all sign permits shall be maintained in the office of the Zoning Administrator.
      
5. Approval Standards. The following standards shall apply to the issuance of a sign permit.
   
   1. A sign shall conform to applicable provisions of CZC 12.54 (Signs).
      
   2. All signs shall be inspected by a designated officer of the City immediately after installation. The permittee shall request inspection within five business days after installation. Any sign not conforming to the requirements of CZC 12.54 (Signs) shall be made to conform or be removed.
      
   3. Building, electrical, and other permits shall be required as provided in the applicable Construction Codes.
      
6. Appeal. Any person adversely affected by a final decision of the Zoning Administrator regarding a sign permit may appeal that decision to the Board of Adjustment as provided in CZC 12.21.200.
   
7. Effect of Approval. Approval of a sign permit shall authorize an applicant to:
   
   1. Construct the sign as indicated on the permit, if no building and electrical permits are required.
      
   2. If building and electrical permits are required, such permits shall be obtained prior to construction.
      
8. Amendment. The procedure for amending any sign permit shall be the same as the original procedure set forth in this Section.
   
9. Revocation. A sign permit may be revoked as provided in CZC 12.23.070.
   
10. Expiration. A sign permit shall expire and have no further force or effect if the sign authorized by the permit is not installed within 180 days after approval.

1. Purpose. This Section sets forth procedures for considering and approving a temporary use permit.
   
2. Authority. The Zoning Administrator is authorized to issue temporary use permits as provided in this Section.
   
3. Initiation. A property owner may apply for a temporary use permit as provided in this Section. An agent of a property owner shall provide a notarized authorization.
   
4. Procedure. An application for a temporary use permit shall be considered and processed as provided in this Subsection.
   
   1. A complete application shall be submitted to the Zoning Administrator in a form established by the Zoning Administrator along with any fees and deposits set forth in the City Fee Schedule. The application shall include at least the following information:
      
      1. The name, address, email and telephone number of the applicant and the applicant's agent, if any;
         
      2. The name and address of the applicant and the name and address of every person or company the applicant represents;
         
      3. The person chiefly responsible for the event or use and/or the sponsoring organization and its chief officer;
         
      4. The requested temporary use;
         
      5. The place, date, time of the event, and hours of operation of the proposed use;
         
      6. A statement of the approximate number of persons, animals, and/or vehicles that will participate in the event or be generated by the temporary use, and an explanation of how such number was derived, e.g., number of presold tickets, available seating and/or parking, and past experience with similar activities;
         
      7. Maps, plans, and documents evidencing sufficient measures to be taken to reasonably protect the health, safety, and welfare of patrons and the public in general; and
         
      8. A scale drawing of the area in which the event is to be held or the use conducted, showing the location of any existing structures and improvements on the site of the proposed temporary use, including, but not limited to, parking areas, curbs, gutter, sidewalks, and outside storage areas; and
         
      9. Sufficient evidence to demonstrate that the temporary use will meet the requirements of CZC 12.56 (Temporary Uses).
         
      10. Other such items as reasonably requested by the Zoning Administrator to determine the feasibility of the temporary use and compliance with the requirements of this Section and applicable provisions of this Title.
          
   2. After the application is determined to be complete in accordance with CZC 12.21.040(e), the Zoning Administrator shall solicit recommendations from the Fire Marshal, Police Chief, County Health Department, and/or City Engineer, as needed. Thereafter the Zoning Administrator shall approve, approve with conditions or deny the application pursuant to the standards set forth in Subsection (e). Any conditions of approval shall be limited to conditions needed to conform the temporary use permit to approval standards.
      
   3. After making a decision, the Zoning Administrator shall give the applicant written notice of the decision. 
      
   4. A record of all temporary use permits shall be maintained in the office of the Zoning Administrator.
      
5. Approval Standards. The following standards shall apply to the issuance of a temporary use permit.
   
   1. A temporary use shall conform to:
      
      1. Applicable development standards set forth in CZC 12.56 (Temporary Uses); and
         
      2. Any recommendations received from the Fire Marshal, Police Chief, County Health Department, City Engineer, or applicable department head.
         
   2. No temporary use permit shall be issued unless the Zoning Administrator finds the proposed temporary use:
      
      1. Will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working within the vicinity, or injurious to property, improvements or the public in general;
         
      2. Will not substantially interrupt the safe and orderly movement of public transportation or other vehicular and pedestrian traffic in the area, nor block traffic lanes or hinder traffic during peak commuter hours on weekdays on any primary arterial street or principal commuter route designated by the City;
         
      3. Will not conflict with construction or development in the public right of way or at public facilities;
         
      4. Will not unduly interfere with the movement of police, fire, ambulance, or other emergency vehicles on the streets, nor require the diversion of so great a number of police, fire, or other essential public employees from their normal duties as to prevent reasonable police, fire, or other public services protection to the remainder of the City;
         
      5. Will not conflict with nor be incompatible with the permitted uses and regulations of the zone within which the temporary use is located; and
         
      6. Is in compliance with regulations, conditions and licensing requirements of applicable provisions of the Centerville Municipal Code.
         
6. Appeal. Any person adversely affected by a final decision of the Zoning Administrator regarding a temporary use permit may appeal that decision to the Board of Adjustment as provided in CZC 12.21.200.
   
7. Effect of Approval. Approval of a temporary use permit shall authorize an applicant to engage in the temporary use subject to conditions of approval as may be imposed by the Zoning Administrator.
   
8. Amendment. The procedure for amending a temporary use permit shall be the same as the original procedure set forth in this Section.
   
9. Revocation. A temporary use permit may be revoked as provided in CZC 12.23.070.
   
10. Expiration. A temporary use permit shall expire as provided in CZC 12.56 (Temporary Uses). Extensions of time shall be prohibited.

1. Purpose. This Section authorizes the Zoning Administrator to decide administratively a routine and uncontested matter which would otherwise be decided by the Planning Commission.
   
2. Authority. The Planning Commission may designate classes of matters as routine and uncontested as authorized in CZC 12.20.080. The Zoning Administrator is authorized to issue permits for such routine and uncontested matters as provided in this Section.
   
3. Initiation. A property owner may request approval of a routine and uncontested matter affecting the owner's property as provided in this Section. An agent of a property owner shall provide a notarized authorization.
   
4. Procedure. An application for approval of a routine and uncontested matter shall be considered and processed as provided in this Subsection.
   
   1. A complete application shall be submitted to the Zoning Administrator in a form established by the Zoning Administrator along with any fees and deposits set forth in the City Fee Schedule. The application shall include at least the following information:
      
      1. The name, address, email and telephone number of the applicant and the applicant's agent, if any;
         
      2. The specific matter for which approval is requested; and
         
      3. Specific facts which illustrate the nature of the request and how it relates to applicable provisions of this Title.
         
   2. After the application is determined to be complete in accordance with CZC 12.21.040(e), the Zoning Administrator shall review and decide the matter in accordance with applicable provisions of this Title and the guidelines determined by the Planning Commission for such class of matters.
      
   3. After making a decision, the Zoning Administrator shall give the applicant written notice of the decision.
      
   4. A record of all decisions on routine and uncontested matters shall be maintained in the office of the Zoning Administrator.
      
5. Approval Standards. Any class of matters designated by the Planning Commission as routine and uncontested shall be accompanied by a statement of guidelines for approval of the matters so designated. A list of such matters and associated guidelines shall be kept on file in the office of the Zoning Administrator. The Zoning Administrator shall follow such guidelines in deciding any routine and uncontested matter. The Zoning Administrator shall provide all required notice for the matter in accordance with the provisions of this Title and shall conduct any and all public hearings or meetings as provided in this Title for the matter. If the application is contested, or if the applicant or any other third party requests, the matter shall be referred to the Planning Commission for formal action.
   
6. Appeal. Any person adversely affected by a final decision of the Zoning Administrator regarding a routine and uncontested matter may appeal that decision to the Planning Commission by filing written notice of appeal within 14 days of the decision. The Planning Commission's review of the matter shall be a de novo review. Any person adversely affected by a final decision of the Planning Commission may appeal that decision to the Board of Adjustment as provided in CZC 12.21.200.
   
7. Effect of Approval. Approval of a routine and uncontested matter shall be deemed to relate to, and be for the benefit of, the use, lot, or parcel in question rather than the owner, lessee or operator of a use, lot, or parcel. A permit for a routine and uncontested matter shall authorize only the matter in question and shall not be deemed to negate any need for other permits required under this Title and other applicable provisions of the Centerville Municipal Code.
   
8. Amendment. A permit for a routine and uncontested matter may be amended, varied or altered only pursuant to the procedures, standards and limitations provided in this Section for its original approval.
   
9. Revocation. A permit for a routine and uncontested matter may be revoked as provided in CZC 12.23.070.
   
10. Expiration. Approval of a routine and uncontested matter shall expire and have no further force or effect if the building, activity, construction or occupancy authorized by the approval is not commenced within 180 days after approval or not substantially completed within two years.

1. Purpose. The provisions of this Title, though detailed and extensive, cannot as a practical matter address every specific situation to which these provisions may be applied. This Section allows the Zoning Administrator to interpret a provision of this Title in light of the general and specific purposes for which it was enacted and as applied to specific circumstances.
   
2. Authority. The Zoning Administrator is authorized to render interpretations of the provisions of this Title, and any rule or regulation adopted pursuant thereto, as provided in this Section.
   
3. Initiation. Any person may request an administrative interpretation as provided in this Section.
   
4. Procedure. An application for an administrative interpretation shall be considered and processed as provided in this Subsection.
   
   1. A complete application shall be submitted to the Zoning Administrator in a form established by the Zoning Administrator along with any fees and deposits set forth in the City Fee Schedule.  The application shall include at least the following information:
      
      1. The name, address, email and telephone number of the applicant and the applicant's agent, if any;
         
      2. The specific provision or provisions of this Title for which an interpretation is requested;
         
      3. Specific facts of the situation which illustrate the need for an administrative interpretation;
         
      4. The interpretation claimed by the applicant to be correct; and
         
      5. When a use interpretation is requested the application shall include:
         
         1. A statement explaining why the proposed use should be deemed as included within a use category allowed by the zone applicable to the property; and
            
         2. Documents, statements, and other evidence demonstrating that the proposed use will conform to all use limitations established by the zone applicable to the property.
            
   2. After an application is determined to be complete in accordance with CZC 12.21040(e), the Zoning Administrator shall review the application and make an interpretation in accordance with the standards set forth in Subsection (e).
      
   3. After making a decision, the Zoning Administrator shall give the applicant written notice of the decision.
      
   4. A record of all administrative interpretations shall be maintained in the office of the Zoning Administrator.
      
5. Standards for Making Administrative Interpretations. The following standards shall apply to administrative interpretations.
   
   1. Administrative interpretations shall not add to or change the provisions of this Title.
      
   2. Questions about the location of zone boundaries shall be resolved by applying the standards set forth in CZC 12.30.050.
      
   3. An administrative interpretation shall be consistent with:
      
      1. The provisions of this Title; and
         
      2. Any previously rendered interpretations based on similar facts.
         
   4. A use interpretation shall also be subject to the following standards:
      
      1. A use defined in CZC 12.12 (Definitions) shall be interpreted as provided therein;
         
      2. Any use specifically listed as "not permitted" in a table of permitted and conditional uses for a particular zone shall not be allowed in that zone;
         
      3. No use interpretation shall allow a use in a particular zone unless the use is substantially similar to a use allowed in the zone;
         
      4. If a proposed use is most similar to a conditional use authorized in the zone in which it is proposed to be located, any interpretation allowing such use shall require that the use be approved only as a conditional use pursuant to CZC 12.21.100; and
         
      5. No use interpretation shall permit the establishment of any use that would be inconsistent with the statement of purpose of the zone in which it would be located.
         
6. Appeal. Any person adversely affected by a final administrative interpretation rendered by the Zoning Administrator may appeal that decision to the Board of Adjustment as provided in CZC 12.21.200.
   
7. Effect of Approval. An administrative interpretation shall apply only to the property for which an interpretation is given.
   
   1. A use interpretation finding a use to be a permitted or conditional use in a particular zone shall be deemed to authorize only that use on the subject property. A use interpretation shall not authorize another allegedly similar use for which a separate use interpretation has not been issued. 
      
   2. A use interpretation finding a particular use to be a permitted or conditional use shall not authorize the establishment of such use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for any approvals or permits that may be required by this Title and other applicable provisions of the Centerville Municipal Code.

1. Purpose. This Section sets forth procedures for appealing an administrative decision applying provisions of this Title.
   
2. Authority. The Board of Adjustment shall hear and decide appeals from administrative decisions applying the provisions of this Title as provided in this Section.
   
3. Initiation. Any person, or any officer, department, board or commission of the City, adversely affected by a decision made in the administration or interpretation of a provision of this Title may appeal to the Board of Adjustment as provided in Subsection (d). A complete application for an appeal shall be filed within 14 days of the decision which is appealed.
   
   1. Only decisions applying this Title may be appealed to the Board of Adjustment. 
      
   2. A person may not appeal, and the Board of Adjustment may not consider, any amendment to this Title.
   3. Appeals may not be used to waive or modify the terms or requirements of this Title.
      
4. Procedure. An appeal of an administrative decision to the Board of Adjustment shall be considered and processed as provided in this Subsection.
   
   1. A complete application shall be submitted to the Zoning Administrator in a form established by the Zoning Administrator along with any fees or deposits set forth in the City Fee Schedule. The application shall include at least the following information:
      
      1. The name, address, email and telephone number of the applicant and the applicant's agent, if any;
         
      2. The decision being appealed;
         
      3. Grounds for the appeal;
         
      4. A description of the alleged error in any order, decision or determination of the person or body from which the appeal is taken in the administration or interpretation of the Zoning Code; and
         
      5. A description and allegation of every theory of relief that the appellant could raise in district court regarding the matter appealed.
         
   2. After an application is determined to be complete in accordance with CZC 12.21.040(e), the Zoning Administrator shall schedule a public meeting before the Board of Adjustment. Public notice of the public meeting shall be provided in accordance with the provisions of CZC 12.21.050. Prior to the meeting the Zoning Administrator shall transmit to the Board of Adjustment all papers constituting the record of the action which is appealed.
      
   3. Upon receipt of a complete application for an appeal all further proceedings concerning the matter appealed shall be stayed as provided in CZC 12.20.060.
      
   4. The Board of Adjustment shall review the record of decision and shall consider and decide the matter in accordance with the standard of review set forth in Subsection (e). 
      
   5. After the Board of Adjustment makes a decision, the Zoning Administrator shall give the applicant written notice of the decision.
      
   6. A record of all appeals of administrative decisions shall be maintained in the office of the Zoning Administrator.
      
5. Standards for Decision.
   
   1. The Board of Adjustment may reverse or affirm, wholly or in part, or may remand the administrative decision to the officer or body from whom the appeal was taken.
      
   2. The Board shall review an administrative decision for correctness determining whether there is substantial evidence in the record to support the order, decision or determination of the person or body from which the appeal is taken.
      
   3. The person making an appeal shall have the burden of proving that an error has been made.
      
   4. If a provision of this Title is ambiguous it shall be construed in favor of the property owner.
      
6. Appeal. Any person adversely affected by a final decision of the Board of Adjustment regarding an appeal of an administration decision may appeal that decision to the district court as provided in Utah Code § 10-9a-801.

1. Authorized. Pursuant to Utah Code § 10-9a-504, the City Council may, without a public hearing, enact an ordinance establishing a temporary zoning regulation for any part or all of the area within the City if the Council makes a finding of compelling, countervailing public interest; or the area is unzoned.
   
   1. A temporary zoning regulation may prohibit or regulate the erection, construction, reconstruction, or alteration of any building or structure, or subdivision approval. 
      
   2. A temporary zoning regulation shall not impose an impact fee or other financial requirement on building or development.
      
   3. A temporary zoning regulation shall not exceed six months in duration.
      
2. EIS or MIS Areas. The City Council may, without a public hearing, enact an ordinance establishing a temporary zoning regulation prohibiting construction, subdivision approval, and other development activities within an area that is the subject of an Environmental Impact Statement or a Major Investment Study examining the area as a proposed highway or transportation corridor.
   
   1. A zoning regulation under this Subsection (b):
      
      1. May not exceed six months in duration; and
         
      2. May be renewed, if requested by the Utah Transportation Commission created under Utah Code § 72-1-301, for up to two additional six month periods by ordinance enacted before the expiration of the previous temporary zoning regulation.
         
   2. Notwithstanding Subsection (b)(1), a temporary zoning regulation enacted pursuant to this Subsection (b) shall be effective only as long as the Environmental Impact Statement or Major Investment Study is in progress.

1. Validity of Action. Notwithstanding any provision of this Title which sets forth a procedure for any matter herein, no action, inaction or recommendation regarding the matter which is the subject of the procedure shall be void or invalid or set aside by a court due to any error (including, but not limited to, any irregularity, informality, neglect or omission) which pertains to a petition, application, notice, finding, record, hearing, report, recommendation or any other procedural matter whatsoever unless:
   
   1. The procedure is required by state or federal law; and
      
   2. In an examination of the entire circumstances, including the evidence of record, the court is of the opinion that the procedural error complained of was prejudicial to a substantial right of the complainant as shown by the following:
      
      1. Had the error not occurred the decision made pursuant to the procedure would have been different, and
         
      2. Because of the error the complainant suffered an injury for which relief must be given.
         
2. Presumption of Validity. The court shall presume that action taken pursuant to a procedure was done in good faith and shall not presume that an error is prejudicial or that an injury occurred. The complainant shall have the burden of the proof by a preponderance of the evidence to show that an error is prejudicial or that an injury occurred. 
   
3. Applicability. All procedures within this Title shall be subject to this Section.