This chapter establishes the application requirements and approval process for rezoning of property. [Ord. O-05-2016 § 2 (Exh. A); Ord. O-23-2005 § 3 (Exh. 1(1) § 18.1)].

The use of property shall comply with the permitted or conditional uses allowed in the zoning districts of this title. Property owners may apply to rezone their property in accordance with the process outlined in this chapter when a master development plan is not required. [Ord. O-05-2016 § 2 (Exh. A); Ord. O-23-2005 § 3 (Exh. 1(1) § 18.2)].

The zoning designations of property in Eagle Mountain City may be changed through the master development plan or rezoning of property processes. The master development plan process approves a range of land uses and densities within a specified area by obtaining zoning approval, evaluates off-site utilities, and identifies funding mechanisms to provide for all off-site utilities and other public infrastructures (see Chapter 16.10 EMMC). The zoning designations may be changed for property through the rezoning of property process that meets the following criteria:

A. Parcel Size. Any property that is less than 160 acres in size. Property that is proposed for development and contiguous to other parcels that are all held in common ownership shall be considered the same property for the purpose of this requirement. All property in a rezone application must be contiguous, but may be separated by a public street. Property shall not be divided in order to circumvent the size requirements with respect to the submittal of master development plans.

B. Incorporated Property. Property that is included in the incorporated boundaries of the city or is part of a pending annexation petition.

C. Significant Issues. In certain cases, the planning director or city engineer may recommend and the planning commission require that property be subject to the master development plan process when significant issues related to land use planning or utilities exist, regardless of the parcel size. [Ord. O-05-2016 § 2 (Exh. A); Ord. O-23-2005 § 3 (Exh. 1(1) § 18.3)].

Only property owners or their duly authorized agent shall make application for a rezoning of property on forms prepared by the planning director. No rezoning of property shall be processed without the submission of the application, all the supporting materials required by this chapter, and the processing fee. Incomplete applications shall not be processed under any circumstance.

A. Supporting Materials. The rezoning of property application shall be submitted with the materials listed in this section. The planning director and planning commission may determine and require that additional items not listed herein be submitted in order to evaluate the proposed rezoning application. If the applicant believes that some of the required supporting materials are not applicable, then they may submit a written statement to identify and clarify why they believe these materials are not needed for review of the project. Upon review of this statement, the planning director may approve the waiving of certain materials that are not found to be applicable to the project. The following materials must be submitted with a complete application, unless otherwise waived as allowed herein. The number of hard copies and electronic copies, as well as the appropriate format of each, will be determined by the planning director.

1. Legal Description. A legal description of the property.

2. Vicinity Map. A vicinity map showing the approximate location of the subject parcel with relation to the other major areas of the city.

3. Existing Conditions. A map showing the existing physical characteristics of the site including waterways, geological information, fault lines, general soil data, and contour data at two-foot intervals.

4. Land Use Map. A map together with a general description of the proposed development indicating the general development pattern, land uses, densities, intensities, open spaces, parks and recreation, trails and any other important elements of the project.

5. Zoning Districts. A compatibility statement in an acceptable format that demonstrates compliance with the zoning district that exists on the subject property or the zoning district that is being proposed for the subject property.

6. Public Notice. Addressed and stamped envelopes (the city’s address will be the return addresses on the envelopes) of property owners located within 600 feet of the proposed preliminary plat area (including a minimum of at least 25 adjacent property owners).

7. Fee. The processing fee required by the current consolidated fee schedule approved by the city council. [Ord. O-05-2016 § 2 (Exh. A); Ord. O-23-2005 § 3 (Exh. 1(1) § 18.4)].

The rezoning of property shall not be construed as right upon submission of an application and does not require the approval body to take action based upon findings of facts. The planning commission and city council shall review and take action on proposed rezoning applications in accordance with the following procedure:

A. Planning Commission Public Hearing. Upon receipt of a complete application, the planning director shall schedule the application for a public hearing before the planning commission. The planning director shall cause all property owners within 600 feet of the boundaries of the proposed application area (including a minimum of at least 25 adjacent property owners and affected entities if there be any) to be notified by first class mail of the time and place of the public hearing at least 10 days prior to the planning commission meeting. The city recorder shall cause that this hearing is advertised in accordance with the requirements of any applicable state statutes. A copy of the public notice of the hearing shall also be posted in three public places (including the city offices) within the city at least 10 days prior to the hearing.

B. City Council Public Hearing. The city council, after receiving a recommendation from the planning commission, shall also conduct a public hearing. The notice requirements for this hearing are identical to the planning commission hearing. The city recorder shall cause that this hearing is advertised in accordance with the requirements of any applicable state statutes.

C. Additional Development Processes. Approval of a rezoning of property does not constitute approval to proceed with development. A developer will still be required to obtain development approvals, as provided by this title and EMMC Title 16. Approval to grade property, excavate, install utilities, subdivide or otherwise improve property must still obtain appropriate permits and approval of infrastructure design as required by state statutes and the city’s ordinances. [Ord. O-05-2016 § 2 (Exh. A); Ord. O-23-2005 § 3 (Exh. 1(1) § 18.5)].

There is no minimum parcel size or diversity of ownership required for rezoning of property. Rezoning of property shall be evaluated using the following criteria, and may be approved if the requirements below are met:

A. Compliance with General Plan. The requested zones are consistent with the land uses shown on the general plan’s future land use and transportation corridor map, and comply with the policies and provisions of the city general plan.

B. Compatibility Determination. The proposed uses and densities will be reasonably compatible with adjacent land uses and the pattern of proposed uses and densities will appropriately buffer potentially incompatible uses from others based on the assumption that the proposed uses and densities will comply with this title, including the performance standards designed to help ensure land compatibility.

C. City Services. The proposed use can be accommodated with public services and will not overburden the city’s service capacity.

D. Traffic Generation. Traffic generation by the proposed use is within capabilities of streets serving the property.

E. Property Values. The proposed use is not expected to have a significant negative impact on surrounding property values. [Ord. O-05-2016 § 2 (Exh. A); Ord. O-23-2005 § 3 (Exh. 1(1) § 18.6)].

In order to ensure that future development is compatible with surrounding neighborhoods, and to provide notice to property owners of limitations and requirements for development of property, conditions may be attached to any rezone application approval which restrict or specifically designate the land uses, dwelling unit density, building square footage, lot sizes, or height of structures. The approved conditions will be on record at the city recorder’s office. Any deletion of or change to a zoning condition shall be considered a rezone application and shall be subject to the requirements of this chapter. [Ord. O-05-2016 § 2 (Exh. A)].

Disapproval or denial of an application to amend the zoning of a property shall preclude the filing of another application to amend the zoning or to reclassify the same parcel of property, or any portion thereof, to a different zoning classification or, if the application is for a commercial classification to the same or any other commercial classification, within one year of the date of the final disapproval of the application, unless the city council finds that there has been a substantial change in the circumstances or sufficient new evidence since the disapproval of the application to merit consideration of a second application within the one-year time period. Prior to the city accepting a new rezone application within the one-year period, the city council must approve a request to resubmit rezone application, clearly stating the new evidence and/or substantial changes in circumstances. An applicant is not entitled to have a request to resubmit rezone application considered by the city council, and such a request shall only be included on the city council agenda in accordance with EMMC 2.15.040. [Ord. O-36-2020 § 2 (Exh. A); Ord. O-05-2016 § 2 (Exh. A)].

A. Expired or Otherwise Terminated Agreements. Upon expiration or termination of a master development agreement, or a development agreement that zoned property, the planning director shall initiate proceedings to rezone the land. [Ord. O-05-2025 § 2 (Exh. A)].

This chapter establishes the application requirements and approval process for conditional use permits. [Ord. O-02-2006 § 3 (Exh. 1 § 19.1); Ord. O-23-2005 § 3 (Exh. 1(1) § 19.1)].

The purpose of this chapter is to ensure that land uses designated as conditional in the zoning districts of this title are properly integrated with permitted land uses within the same zone. This chapter also establishes the provisions to prevent nuisances from arising between existing and proposed land uses. [Ord. O-02-2006 § 3 (Exh. 1 § 19.2); Ord. O-23-2005 § 3 (Exh. 1(1) § 19.2)].

A conditional use permit shall be required for all land uses allowed as conditional uses in the zoning district regulations of this title. The conditional use permit must be granted before a building permit, a certificate of occupancy, and/or the operation of the proposed land use commences. [Ord. O-02-2006 § 3 (Exh. 1 § 19.3); Ord. O-23-2005 § 3 (Exh. 1(1) § 19.3)].

Only property owners or their duly authorized agents shall make application for a conditional use permit on forms prepared by the planning department. No conditional use application may be processed without the submission of the application, all the supporting materials as required by this chapter and the processing fee. Incomplete applications shall not be processed under any circumstance. When a site plan is required by this title, the site plan application may be processed concurrently with a conditional use application.

A. Supporting Materials. The conditional use application shall be submitted with the materials listed in this section. The planning director and planning commission may determine and require that additional items not listed herein be submitted in order to evaluate the proposed conditional use application. If a development has been previously reviewed (site plan or subdivision approval), or the applicant believes that some of the required supporting materials are not applicable, then the applicant may submit a written statement to identify and clarify why they believe these materials are not needed for review of the project. Upon review of this statement, the planning director or designee may waive the requirements for certain materials relating to improvements that have been reviewed and approved in a previous application process or are not found to be applicable to the project. The following materials must be submitted with a complete application, unless otherwise waived as allowed herein. The number of hard copies and electronic copies, as well as the appropriate format of each, will be determined by the planning director.

1. Ownership Affidavit. A document detailing all covenants, grants of easement or other deed restrictions applicable to the site and an ownership affidavit shall be submitted.

2. Vicinity Map. A vicinity map (which can be included on the site plan) showing the general location of the subject parcel.

3. Context Plan. A context plan including the existing features within 200 feet of the proposed site plan property line. Existing features include, but are not limited to, natural drainages, topography, buildings, ingress and egress points, landscaping areas, pedestrian paths, names of surrounding property owners and their respective locations.

4. Survey. The survey prepared and stamped by a Utah registered land surveyor listing the metes and bounds legal description and the gross acreage within the subject parcel.

5. Site Plan. A site plan is required and must be prepared and stamped by licensed and/or certified professionals.

6. Landscaping Plan. A landscaping plan, prepared and stamped by a licensed landscape architect, indicating the location, spacing, types and sizes of landscaping elements, sprinkler system plans, existing trees, and showing compliance with the city’s off-street parking requirements, the city’s design guidelines and policies, and the requirements of the appropriate zoning district.

7. Grading, Drainage, and Erosion Plan. A grading, drainage, and erosion plan shall be submitted. The report shall contain the drainage basin map and a plan view of the overall storm water system. The grading, drainage, and erosion plan shall address the following issues: description of features and hydrological conditions; drainage basin and subbasin; drainage facility design criteria; infrastructure design criteria; grading plan; and erosion control. Specifically, the report shall contain at a minimum the following information:

a. The existing roadways, drainage ways, vegetation and hydrological conditions of a 10-year, 24-hour event and a 100-year, 24-hour event.

b. The major basin descriptions referencing all major drainage reports such as FEMA, major drainage planning reports, or flood insurance maps and the basin characteristics and planned land uses.

c. The subbasin description showing the historical drainage pattern and off-site drainage patterns both upstream and downstream of the property.

d. A general discussion of how the proposed system conforms to existing drainage patterns and off-site upstream drainage will be collected to protect development.

e. The water quality evaluation showing the water quality shall not be degraded from existing storm water quality, including how solids are collected and not allowed to be discharged into downstream waters and how oils and greases are separated from storm water.

8. Lighting Plan. A lighting plan, which indicates the illumination of all interior areas and immediately adjoining streets, showing the location and direction of lighting at the property lines, and type of lighting proposed.

9. Elevations. Elevations of all buildings, fences and other structures viewed from all sides indicating heights of structures, the average finished grade of the site at the foundation area of all structures, percentage of building materials proposed, and color of all materials. A letter of approval from the applicable architectural review committee must also be submitted.

10. Traffic Impact Study. A traffic impact study (completed by a professional that is competent in the field of traffic engineering) may be required if it is estimated by the city engineer that the project could generate trips for any given time period in excess of 25 percent of the existing volume of traffic on adjacent street systems or at their professional discretion. Said study shall include, but not be limited to, the following: an analysis of the average daily trips generated by the proposed project; an analysis of the distribution of trips on city street systems; a description of the type of traffic generated.

11. Signage Plan. A signage plan shall be submitted as required by Title 1 Section 15.7.2 and in accordance with the submittal requirements contained in EMMC 17.80.040(A).

12. Public Notice. Addressed and stamped envelopes (the city’s address will be the return addresses on the envelopes) of property owners located within 600 feet of the proposed conditional use (including a minimum of at least 25 adjacent property owners).

13. Fee. The processing fee required by the current consolidated fee schedule approved by the city council. [Ord. O-02-2006 § 3 (Exh. 1 § 19.4); Ord. O-23-2005 § 3 (Exh. 1(1) § 19.4)].

The approval process for a conditional use permit shall be as follows:

A. Planning Commission Public Hearing. Upon receipt of a completed application and subsequent review by the planning director or designee, the application shall be placed on the next available planning commission agenda for a public hearing no more than 28 days after a complete application has been submitted. The planning director shall cause all property owners within 600 feet of the boundaries of the proposed application area (including a minimum of at least 25 adjacent property owners and affected entities if there be any) to be notified by first class mail of the time and place of the public hearing at least 10 days prior to the planning commission meeting. A copy of the public notice of the hearing shall also be posted in three public places (including the city offices) within the city at least 10 days prior to the hearing.

B. Planning Commission Review. The planning commission will review each application and may approve, approve with conditions, or deny the application based upon findings of facts. The planning commission may also defer action if an applicant fails to appear at the commission meeting or there is insufficient application information provided.

C. City Council Review. The action of the planning commission shall be final unless a member of the city council requests that the conditional use application be reviewed by the city council within 15 days of the planning commission’s action. If a conditional use application is placed upon a city council meeting for action, the city council shall be the land use authority. [Amended during 2008 codification; Ord. O-02-2006 § 3 (Exh. 1 § 19.5); Ord. O-23-2005 § 3 (Exh. 1(1) § 19.5)].

The planning commission may approve any conditional use permit located within any zone in which the particular conditional use is allowed by the use regulations of this title. In approving any conditional use, the planning commission may impose such requirements and conditions necessary for the protection of adjacent properties and the public interest. The planning commission shall approve a conditional use permit upon determining the following finding of facts:

A. Desired Use. That 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 community and the neighborhood;

B. Health, Safety, and Welfare. That such use will not, under the circumstances, 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 and will not institute a nuisance to property owners;

C. Compliance with Title. That the proposed use will comply with regulations and conditions specified in this title for such use;

D. General Plan. That the proposed use does not conflict with the intent of the Eagle Mountain City general plan. [Ord. O-02-2006 § 3 (Exh. 1 § 19.6); Ord. O-23-2005 § 3 (Exh. 1(1) § 19.6)].

In reviewing an application for a conditional use permit, the staff and planning commission shall review, but not limit their review to, the following considerations and standards:

A. The site of the structure or use, and in particular:

1. Adequacy of Site. The adequacy of the site to accommodate the proposed use or building and all related activities.

2. Screening. The location and possible screening of all outdoor activities.

3. Adjoining Uses. The relation of the proposed building or use to any adjoining building with particular attention to protection of light, air, peace and quiet.

4. Displays and Signage. The location and character of any display of goods and services and the size, nature, and lighting of any signs.

B. Traffic circulation and parking, and in particular:

1. Street. The type of street serving the proposed use in relation to the amount of traffic expected to be generated.

2. Access. The adequacy, convenience, and safety of provisions for vehicular access and parking, including the location of driveway entrances and exits.

3. Truck Traffic. The amount, timing, and nature of associated truck traffic.

C. The impact of the proposed building or use on surrounding uses, and in particular:

1. Impact of Patrons. The number of customers or users and the suitability of the resulting activity level to the surrounding uses and especially to any neighboring uses of public importance such as schools, libraries, playgrounds, religious or cultural meeting halls, and hospitals.

2. Hours of operation.

3. Off-Site Effects. Adequacy of provisions for the control of any off-site effects such as noise, dust, odors, light, or glare, etc.

4. Special Hazards. Adequacy of provisions for protection of the public against any special hazards arising from the intended use.

5. Public Convenience. The degree to which the location of the particular use in the particular location can be considered a matter of public convenience and necessity. [Ord. O-02-2006 § 3 (Exh. 1 § 19.7); Ord. O-23-2005 § 3 (Exh. 1(1) § 19.7)].

Applicants for conditional use permits shall meet all applicable requirements of this title. In addition, the planning commission may establish conditions and requirements as part of the approval that address concerns regarding safety for persons and property, health and sanitation, nuisances, master plan proposals, and neighborhood needs. Specifically, the planning commission may require:

A. Conditions Relating to Safety of Persons and Property.

1. Flooding. Building elevations and grading plans which will prevent or minimize flood water damage, where property may be subject to flooding.

2. Attractive Nuisances. The relocation, covering, or fencing of irrigation ditches, drainage channels, and other potential attractive nuisances existing on or adjacent to the property.

3. Increased Setbacks. Increased setback distances from lot lines where the planning commission determines it to be necessary to ensure the public safety and to prevent nuisances to adjacent properties.

4. Geological Hazards. Appropriate engineering, design, construction, and location of structures, buildings, and facilities, and limitations and/or restrictions on the use and/or location of uses due to slope or other special site conditions, including but not limited to geologically hazardous areas, floodplains, fault zones, and landslide areas.

5. Lighting. Limitations and control of the number, location, color, size, height, lighting, and landscaping of outdoor advertising signs and structures so far as they may present traffic hazards or interfere with full use of environment of adjacent properties.

6. Truck Docks. Plans for the location, arrangement, and dimensions of truck loading and unloading facilities.

7. Construction of Improvements. Construction of curbs, gutters, drainage culverts, sidewalks, streets, fire hydrants, and street lighting.

B. Conditions Relating to Health and Sanitation.

1. Culinary Water. A guarantee of sufficient culinary water to serve the intended land use and a water delivery system meeting standards adopted by the city council.

2. Wastewater. A wastewater disposal system and a solid waste disposal system meeting standards adopted by the city council.

3. Sizing of Utilities. Construction of water mains, sewer mains, and drainage facilities serving the proposed use, in sizes necessary to protect existing utility users in the vicinity and to provide for an orderly development of land.

C. Conditions Relating to Environmental Issues.

1. Pollution. Processes for the control, elimination, or prevention of land, water, or air pollution; the prevention of soil erosion; and control of objectionable odors and noise.

2. Dust and Erosion. The planting of ground cover or other surfacing to prevent dust and erosion.

3. Restoration of Land. Restoration of the land and planting of the same as directed by the planning commission when the conditional use involves cutting and/or filling the land, and where such land would be adversely affected if not restructured.

D. Conditions Relating to Compliance with the Intent of the General Plan and Characteristics of the Vicinity or Neighborhood.

1. Removal of Incompatible Materials. The removal of structures, debris, or plant materials incompatible with the intended characteristics of the zone outlined in this title.

2. Screening. The screening of yards or other areas as protection from obnoxious land uses and activities.

3. Landscaping. Landscaping to ensure compatibility with the intended characteristics of the zone as outlined in this title.

4. Fences and Screening. Limitations or controls on the location, heights, and materials of walls, fences, hedges, and screen plantings to ensure a buffer between adjacent development, or to conceal storage areas or utility installations.

5. Relocation of Proposed or Existing Structures. The relocation of proposed or existing structures as necessary to provide for future streets on the master street plan of Eagle Mountain, adequate sight distance for general safety, ground water control, or similar problems.

6. Population Density. Population density of land use limitations where land capability and/or vicinity relationships make it appropriate to do so to protect health, safety, and welfare. [Ord. O-02-2006 § 3 (Exh. 1 § 19.8); Ord. O-23-2005 § 3 (Exh. 1(1) § 19.8)].

Following issuance of a conditional use permit by the planning commission or city council, the city staff shall ensure that development is completed in compliance with the conditional use permit and building permit. The planning commission may request that conditional use applications be placed upon their agenda for review to ensure compliance with the conditions or requirements of approval as necessary. Failure to comply with the conditions or requirements of approval may result in the conditional use permit being revoked. [Ord. O-02-2006 § 3 (Exh. 1 § 19.9); Ord. O-23-2005 § 3 (Exh. 1(1) § 19.9)].

Owners of property where a conditional use application has been approved shall be responsible for their property’s compliance with the city’s ordinances and conditions of approval. Property owners that fail to maintain or violate the city’s ordinances regulating conditional uses or conditions of approval that were contingent upon issuing the permit may have the conditional use permit revoked by the planning commission. Notice shall be given to the property owner that they have 14 days to correct a violation before the permit is revoked. [Ord. O-02-2006 § 3 (Exh. 1 § 19.10); Ord. O-23-2005 § 3 (Exh. 1(1) § 19.10)].

Conditional use permits that comply with the conditions and requirements of approval shall continue to be valid. Changes in the land use regulations shall not cause the approved conditional use permit to be revoked. In these cases the approved conditional use permit shall be classified as a nonconforming conditional use permit and shall be allowed to continue unless it is abandoned for a period of 12 months or more in accordance with Chapter 17.05 EMMC, General Provisions.

A change in tenancy, ownership or management of a conditional use shall not affect the status of a conditional use (with the exception of home businesses), which remains otherwise unchanged, nor shall such a change be interpreted to permit a departure from the conditions of approval and the approved plans. [Ord. O-41-2021 § 1 (Exh. A); Ord. O-02-2006 § 3 (Exh. 1 § 19.11); Ord. O-23-2005 § 3 (Exh. 1(1) § 19.11)].

In the case of a use existing prior to its present classification by this title as a conditional use, any change in use or in lot area shall be made only in conformance with the requirements of this chapter. [Ord. O-02-2006 § 3 (Exh. 1 § 19.12); Ord. O-23-2005 § 3 (Exh. 1(1) § 19.12)].

This chapter identifies the application requirements and approval process for site plans. [Ord. O-34-2025 § 1 (Exh. A); Ord. O-16-2010 § 3 (Exh. B); Ord. O-18-2008 § 2 (Exh. A § 20.1); Ord. O-11-2008 § 2 (Exh. A § 20.1); Ord. O-23-2005 § 3 (Exh. 1(1) § 20.1)].

The site plan procedure establishes a process to evaluate proposed projects, ensuring that development will occur in a safe, functional manner and will not create nuisances for adjacent landowners. [Ord. O-34-2025 § 1 (Exh. A); Ord. O-16-2010 § 3 (Exh. B); Ord. O-18-2008 § 2 (Exh. A § 20.2); Ord. O-11-2008 § 2 (Exh. A § 20.2); Ord. O-23-2005 § 3 (Exh. 1(1) § 20.2)].

Site plan approval shall be required for all developments which contain an industrial, commercial, institutional, or multifamily dwelling, or for other uses for which a site plan is required elsewhere in this title. [Ord. O-34-2025 § 1 (Exh. A); Ord. O-16-2010 § 3 (Exh. B); Ord. O-18-2008 § 2 (Exh. A § 20.3); Ord. O-11-2008 § 2 (Exh. A § 20.3); Ord. O-23-2005 § 3 (Exh. 1(1) § 20.3)].

When development proposals are larger than five acres in size, proposed to be developed in phases or sold in separate parcels, a master site plan approval by the city council is required prior to approving the individual sites within the project. The master site plan application shall address the following issues for the entire site: land use, open space and landscaped areas, architectural guidelines, buildable square footage, parking requirements, access and circulation, phasing and timing of improvements, project monument sign locations, storm drainage and all preliminary calculations for infrastructure improvements and traffic impact mitigation related to a traffic impact study, if required. The proposal and accompanying documents shall be reviewed using the same procedure as any site plan application.

A. Waiving Previously Reviewed Materials. All new construction in master site plans shall be required to go through a separate site plan review. To the extent that site plan requirements such as storm drainage, traffic circulation, parking, lighting, or other provisions have been met through the master site plan process, such information may not be required.

B. Planning Commission Final Approval of Phases. The city council may elect to delegate to the planning commission the final approval responsibilities for each site plan phase. This shall be stated in the development agreement for the master site plan. However, if one or more of the following conditions exists, final site plan approval must be obtained from the city council, upon recommendation from the planning commission:

1. The site plan deviates from the approved master site plan.

2. Previous phases have created unforeseen impacts requiring the reevaluation of site standards for subsequent phases with respect to such impacts.

C. Industrial Master Site Plans – Special Conditions. The planning director may waive certain requirements of the master site plan that may not be necessary for an industrial proposal larger than five acres in size. The following requirements cannot be waived: land use, open space and landscaped areas, architectural guidelines, access and circulation requirements, and traffic impact study, if required.

D. Master Site Plans Serving as Preliminary Plat. The preliminary plat process may not be required if a master site plan, while going through the initial approval process, complies with the following criteria:

1. A preliminary arrangement of larger blocks of land, later to be subdivided during the final plat process, is included.

2. All required utilities, storm drainage, landscaping, access and circulation requirements, and other aspects of the eventually built-out project are addressed sufficiently with the master site plan.

3. The city is not responsible if, over time, the project is unable to service a possible user due to undersized utilities, roadways, or other infrastructure. If upgrades to such facilities are necessary, they will be borne solely by the applicant. [Ord. O-34-2025 § 1 (Exh. A); Ord. O-13-2016 § 2 (Exh. A); Ord. O-16-2010 § 3 (Exh. B); Ord. O-18-2008 § 2 (Exh. A § 20.4); Ord. O-11-2008 § 2 (Exh. A § 20.4); Ord. O-23-2005 § 3 (Exh. 1(1) § 20.4)].

The following are standards required for all site plans in any zoning district:

A. Use of Property. The entire parcel area shall be built upon, landscaped or paved in accordance with the zoning district’s open space requirements and other generally applicable development standards.

B. Screening Requirements. Any commercial lot which abuts a residential or agricultural use shall be effectively screened by a combination of a wall, fencing, and landscaping of acceptable design. Required walls or fences shall not be less than six feet in height, unless a wall or fence of a different height is approved by the city council. Such wall, fence and landscaping shall be maintained in good condition with no advertising thereon. All developments shall have the minimum number of trees as required by Chapter 17.60 EMMC, Landscaping, Buffering, Fencing and Transitioning, to provide for shade and visual relief.

C. Access Requirements.

1. Access Onto a Public Street. Private driveways or drive lanes that intersect with a public right-of-way shall be located a minimum of 100 feet from another private driveway or drive lane on the same side of the street as shown on Figure 17.100.050(a). This shall be measured from the closest points of each where the top back of curb intersects with the public right-of-way. A private driveway or drive lane shall be located a minimum of 100 feet from a public right-of-way intersection. This shall be measured from the nearest point of the public right-of-way to the top back of curb of the private driveway or drive lane where it intersects with the public right-of-way. When a parcel has less than 200 feet of frontage on a public right-of-way, then all necessary efforts shall be made to work collaboratively with adjacent property owners to share a common ingress and egress straddling the common property line.

Figure 17.100.050(a)

2. Access Dimensions. For each commercial lot, access shall be provided and shall meet the following requirements: each roadway shall not be more than 40 feet in width, measured at right angles to the centerline of the driveway, except as increased by permissible curb return radii. The entire flare of any return radii shall fall within the right-of-way.

3. Interconnection. All parking and other vehicular use areas shall be interconnected with adjacent properties in order to allow maximum off-street vehicular circulation.

4. Acceleration and Deceleration Lanes. Acceleration and deceleration lanes shall be required on arterials and collectors when deemed necessary by the city engineer.

D. Off-Street Truck Loading Space. Every building or structure built, remodeled or occupied after the effective date of the ordinance codified in this chapter for manufacturing, commercial trade, or other uses similarly involving the receipt or distribution by vehicles or materials or merchandise shall have provided and maintained on the building’s lot adequate space for standing, loading, and unloading of the vehicles in order to avoid undue interference with public use of streets or alleys.

E. Utilities. All utility lines shall be underground in designated easements. No pipe, conduit, cable, line for water, gas, sewage, drainage, steam, electrical or any other energy or service shall be installed or maintained upon any lot (outside of any building) above the surface of the ground except for hoses, movable pipes used for irrigation or other purpose during construction. Transformers shall be grouped with other utility meters where possible and screened with vegetation or other appropriate method. Each contractor and owner/developer shall be responsible to know the whereabouts of all underground utilities. Protection of such utilities shall also be the responsibility of the developer.

F. Grading and Drainage. Drainage from any lot must follow current city requirements for on-site retention and a maximum allowable discharge at the calculated historical rate for the site. Drainage shall not be allowed to flow upon adjoining lots unless the owner of the lot upon which the water flows has granted an easement for such purpose. The planning commission must approve a site plan with grading, drainage, and clearing plans before any such activities may begin. Lot grading shall be kept to a minimum. Where possible, roads and development shall be designed for preservation of a natural grade.

G. Dedication of Water Shares. The applicant shall comply with Chapter 13.25 EMMC and shall dedicate to the city the amount of water rights specified in that chapter or purchase sufficient water from the city prior to the issuance of any building permit.

H. Protection of Steep Slopes and Natural Drainages. Steep slopes and natural drainages shall be protected from development and erosion. It is encouraged that they be incorporated into the design of development. Development or construction near these features shall comply with Chapter 15.80 EMMC, Hillside Site Development. No building lot may have an average slope that exceeds 25 percent. [Ord. O-34-2025 § 1 (Exh. A); Ord. O-19-2023 § 2 (Exh. A); Ord. O-09-2017 § 2 (Exh. A); Ord. O-13-2016 § 2 (Exh. A); Ord. O-16-2010 § 3 (Exh. B); Ord. O-18-2008 § 2 (Exh. A § 20.5); Ord. O-11-2008 § 2 (Exh. A § 20.5); Ord. O-23-2005 § 3 (Exh. 1(1) § 20.5)].

A. Mechanical Equipment. All mechanical equipment shall be located or screened and/or other measures taken so as not to be visible from any public or private streets. Screens shall be aesthetically incorporated into the design of the building whether located on the ground or roof. Rooftops of buildings shall be free of any mechanical equipment unless completely screened from all horizontal points of view. Line of sight measurements may be required. Screening materials shall conform to the color scheme of the primary building. Measures taken to shield mechanical equipment from view, other than screening, must be approved by the city council after recommendation from the planning commission.

B. Windows. Windows are encouraged as accents and trim.

C. Building Lighting. Plans for exterior building lighting shall be approved as part of the site plan approval. Building lighting shall be fully shielded and directed downward so that the light source is not visible from beyond the property where the structure is located. Lighting shall be in conformance with Chapter 17.56 EMMC.

D. Trash Enclosures, Storage Areas, and External Structures. Landscaping, fencing, berms or other devices integral to overall site and building design shall screen trash enclosures, storage areas, and other external structures. Trash and storage areas shall be comparable to the proposed or existing building and with surrounding structures. These areas shall be well maintained and oriented away from public view. The consolidation of trash areas between business and the use of modern disposal and recycling techniques are encouraged. Chainlink fences and fencing with vinyl slats are prohibited.

E. Exterior Materials. Buildings shall be finished with high-quality materials. Building elevations shall be submitted that indicate all colors, styles, materials and other proposed building treatments.

F. Landscape Guidelines. All site plans shall conform to the landscaping guidelines established by the city.

G. Parking Lot and Street Lighting. All parking lot light fixtures shall be installed to prevent light glare from adversely affecting adjacent properties. Pole-mounted fixtures are required in lots or along roads. Lighting of all pedestrian pathways is required. Lighting will be judged as to how adequately it provides for the health and safety of citizens. Design and location of standards and fixtures shall be specified on the site development drawings. Illumination shall be controlled so that glare or excessive direct light will not adversely affect neighboring areas. All streetlights and interior parking lot lights shall meet the city’s adopted design standards for lighting.

H. Enclosed Uses. All uses established for any commercial or industrial uses shall be conducted entirely within a fully enclosed approved building except those uses deemed by the city council in consideration of the prior recommendation of the planning commission to be customarily and appropriately conducted in the open. Uses which qualify for this exception are vegetation nurseries, home improvement centers with lumber and/or vegetation nurseries, outdoor cafes or auto dealerships. Approved seasonal temporary uses, such as Christmas tree lots, shall be exempt from this requirement.

I. Businesses Moving into Existing Buildings. New businesses moving into existing conforming or nonconforming buildings shall comply with the requirements of this section where possible prior to a business license being issued.

J. Nuisances. All commercial uses shall be free from objectionable odors, noises, hazards or other nuisances. [Ord. O-34-2025 § 1 (Exh. A); Ord. O-12-2014 (Exh. A); Ord. O-16-2010 § 3 (Exh. B); Ord. O-18-2008 § 2 (Exh. A § 20.6); Ord. O-23-2005 § 3 (Exh. 1(1) § 20.6)].

The property owner or an authorized agent shall make application on forms created by the planning director. No site plan application shall be processed without the submission of the application, all the supporting materials as required by this chapter, and processing fee. Incomplete applications shall not be processed under any circumstance. When the city’s ordinances require a conditional use and/or subdivision approval, these applications may be processed concurrently with a site plan.

A. Supporting Materials. The site plan application shall be submitted with the materials listed in this section. The planning director and planning commission may determine and require that additional items not listed herein be submitted in order to evaluate the proposed site plan application. If a development has been previously reviewed (conditional use or subdivision approval), or the applicant believes that some of the required supporting materials are not applicable, then the applicant may submit a written statement to identify and clarify why they believe these materials are not needed for review of the project. Upon review of this statement, the planning director may waive the requirements of certain materials relating to improvements that have been reviewed and approved in a previous application process or are not found to be applicable to the project. The following materials must be submitted with a complete application, unless otherwise waived as allowed herein. The number of hard copies and electronic copies, as well as the appropriate format of each, will be determined by the planning director.

1. Ownership Affidavit. A document detailing all covenants, grants of easement or other deed restrictions applicable to the site and an ownership affidavit shall be submitted.

2. Vicinity Map. A vicinity map (which can be included on the site plan) showing the general location and indicating the approximate location of the subject parcel.

3. Context Plan. A context plan including the existing features on the property and within 200 feet of the proposed site plan property line. Existing features include, but are not limited to, buildings, roads, ingress and egress points, landscaping areas, pedestrian paths, and property names.

4. Survey. The survey prepared and stamped by a Utah-registered land surveyor listing the metes and bounds, legal description, and the gross acreage within the subject parcel.

5. Site Plan. A site plan, prepared and stamped by licensed and/or certified professionals including, but not limited to, architects, landscape architects, engineers, surveyors, or other professionals deemed necessary by the planning director. The city may require plans prepared by any or all of the above-noted professionals. The site plan shall contain the date, scale, north arrow and the following items:

a. Boundaries of the subject parcel and the entire parcel (where the project does not occupy the entire parcel of which it is part).

b. Existing and proposed streets, watercourses, easements and other rights-of-way, and section lines.

c. Locations, dimensions, uses and heights of all proposed buildings and structures, including overhangs, porches, stairwells, and balconies, and the locations of all structures on adjoining properties.

d. Access points, provisions for vehicular and pedestrian circulation onsite and offsite, interconnection to adjacent sites and dimensions of such access and circulation.

e. Acceleration and deceleration lanes, and dimensions thereof, if required.

f. Off-street parking and loading areas complying with Chapter 17.55 EMMC and indicating the required number of stalls and aisles scaled to the correct dimensions, the correct number of handicapped-accessible parking spaces, lighting, landscaping and irrigation, the percentage of landscaping to impervious surfaces, and pedestrian walkways.

g. Screening and buffering provisions, including types and heights of existing and proposed buffering and fencing elements.

h. Location and treatment of refuse collection areas, storage areas, mechanical equipment, and external structures.

i. Location and size of existing utilities and general location of utility access points and hookups.

j. Location, type and size of all signage including advertising and directional signage.

k. Tabulation of square footage devoted to various land uses, ground coverage by structures and other impervious surfaces.

l. Location of existing and proposed curb, gutter, sidewalk, park strip and edge of asphalt, to be signed and stamped by a licensed professional engineer.

m. Type of construction of all structures, presence or absence of fire sprinkling and location of existing and proposed fire hydrants.

n. Location of all existing and proposed irrigation systems, both on site and on adjacent properties, including, but not limited to, ditches, pipes, and culverts.

o. A statement on the site plan that all applicable elements of the Americans with Disabilities Act accessibility guidelines will be adhered to.

p. The piping of all existing irrigation ditches which affect the site.

q. The names of all adjacent property owners.

6. Landscaping Plan. A landscaping plan prepared and stamped by a licensed landscape architect, indicating the location, spacing, types and sizes of landscaping elements, sprinkler system plans, existing trees, if any, and showing compliance with the landscaping or buffering requirements of the appropriate zoning district. The landscaping plan shall include, at a minimum, the following information:

a. The location and dimension of all existing and proposed structures (when feasible), property lines, easements, parking lots, power lines, rights-of-way, ground signs, refuse areas, and lighting.

b. The plant names (both botanical and common name), location, quantity, and size of all existing and proposed plants. The proposed plan should indicate the size of the plant material at maturation.

c. The landscaping plan should also exhibit the existing landscaping 20 feet beyond the property lines.

d. Existing and proposed grading with contours at one-foot intervals for areas with grades less than five percent. Areas in excess of five percent shall have contours shown at two-foot intervals.

e. Plans showing the irrigation system shall also be included in the landscaping plan submittal.

f. Proposed and existing fences and identification of the fencing materials.

g. A summary of the total percentage of landscaped areas, domestic turf grasses, and drought-tolerant plant species along with the estimated cost of all the improvements.

7. Grading, Drainage, and Erosion Plan. A grading, drainage, and erosion plan prepared and stamped by a licensed engineer shall be submitted. The report shall contain the drainage basin map and a plan view of the overall storm water system. The grading, drainage, and erosion plan shall address the following issues: description of features and hydrological conditions; drainage basin and subbasin; drainage facility design criteria; infrastructure design criteria; grading plan; and erosion control. Specifically, the report shall contain, at a minimum, the following information:

a. The existing roadways, drainage ways, vegetation and hydrological conditions of a 10-year, 24-hour event and a 100-year, 24-hour event.

b. The major basin descriptions referencing all major drainage reports such as FEMA, major drainage planning reports, or flood insurance maps and the basin characteristics and planned land uses.

c. The subbasin description showing the historical drainage pattern and off-site drainage patterns both upstream and downstream of the property.

d. A general discussion of how the proposed system conforms to existing drainage patterns and off-site upstream drainage will be collected to protect development.

e. The water quality evaluation showing the water quality shall not be degraded from existing storm water quality including how solids are collected and not allowed to be discharged into downstream waters and how oils and greases are separated from storm water.

f. Maintenance plan and procedure for storm water system; thorough narrative of all charts, graphs, tables or other information included in the report describing how it affects the proposed development.

g. Infrastructure design criteria showing the piping is sized to handle the peak intensity of the 10-year storm event; all detention basins are sized to handle 100-year storms while discharging at a maximum 10-year, 24-hour historical rate; a 10-foot traffic lane in both directions is maintained at all locations within the development; and that the roadway and infrastructure will handle a 100-year storm event without flooding homes or damaging public property.

h. Grading plan showing soil map depicting unique soil features such as collapsible soil, rock features, etc.; a grading plan showing all cut and fill areas within a development including: the identification of slopes; fill and cut depths; and rock features within 10 feet of post-grade soil surface.

i. Erosion control shall show: how erosion will be controlled during construction; explanation and design showing that such construction debris and silts will not be collected by storm water system; show and design for all cut and fill slopes will not be eroded and how these areas will be restored to their natural vegetative state.

8. Lighting Plan. A lighting plan, which indicates the illumination of all interior areas and immediately adjoining streets showing the location, height, lumen output and type of lighting proposed.

9. Elevations. Elevations of all buildings, fences and other structures viewed from all sides indicating heights of structures, the average finished grade of the site at the foundation area of all structures, percentage of building materials proposed, and color of all materials. A letter of approval from the applicable architectural review committee must also be submitted.

10. Traffic Impact Study. A traffic impact study (completed by a professional that is competent in the field of traffic engineering) may be required if it is estimated by the city engineer that the project could generate traffic impacts that require further study or that may require site improvements to transportation facilities. Said study shall include, but not be limited to, the following: an analysis of the average daily trips generated by the proposed project; an analysis of the distribution of trips on city street systems; a description of the type of traffic generated; and recommended on-site improvements that may mitigate negative traffic impacts.

11. Phasing Plan. If the site plan is to be developed in phases, a plan that shows the phasing of the development must be submitted.

12. Water Rights. Documentation of sufficient water rights for the proposed project must be provided.

13. Utility Demands. A summary projecting the utility demands that the development will create for communication lines, water, electricity, natural gas, and sewer.

14. Electronic Files. Electronic files of all the drawings for the project must be submitted.

15. Signage Plan. A signage plan shall be submitted in accordance with the standards contained in Chapter 17.80 EMMC.

16. Public Notice. Noticing as required by Table 17.05.200(a).

17. Fee. The processing fee required by the current consolidated fee schedule approved by the city council. [Ord. O-34-2025 § 1 (Exh. A); Ord. O-12-2014 (Exh. A); Ord. O-16-2010 § 3 (Exh. B); Ord. O-18-2008 § 2 (Exh. A § 20.7); Ord. O-11-2008 § 2 (Exh. A § 20.6); Ord. O-23-2005 § 3 (Exh. 1(1) § 20.7)].

The review and approval process for a site plan permit shall be as follows:

A. Planning Commission Public Hearing. Upon receipt of a completed application and subsequent review by the planning director, the planning director shall place the application on the next available planning commission agenda for a public hearing no later than 28 days after a complete application has been submitted. The planning director shall cause all property owners within 600 feet of the boundaries of the proposed application area (including a minimum of at least 25 adjacent property owners and affected entities if there be any) to be notified by first class mail of the time and place of the public hearing at least 10 days prior to the planning commission meeting. A copy of the public notice of the hearing shall also be posted in three public places (including the city offices) within the city at least 10 days prior to the hearing.

B. Planning Commission Review. The planning commission will review each application and may recommend to the city council: approval; approval with conditions to ensure compliance with standards in this or any other title or representations made by the applicant; or denial of the application based upon finding of facts. The planning commission may also defer action if an applicant fails to appear at the meeting or if the planning commission requests additional information. After the planning commission’s review and recommendation and prior to city council review, a development agreement based on conditions and special provisions in the planning commission action for that project shall be prepared and it shall be transmitted to the city council with the site plan unless the city attorney advises otherwise. The development agreement may include such items as the architectural drawings, site plan, phasing plans, water rights, and bonding requirements, if any.

C. City Council Review. The city council will review each application and consider the planning commission’s recommendation and may approve; approve with conditions to ensure compliance with standards in this or any other title or representations made by the applicant; or deny the application based upon finding of facts. The city council may also defer action if an applicant fails to appear at the meeting or if the city council requests additional information. The city council may also remand any application, or portion thereof, to the planning commission for further study and recommendation. Upon the granting or denying of a site plan application, the city shall prepare and mail or deliver to the applicant a written statement of the decision and, in the case of a denial, the reasons therefor. [Ord. O-34-2025 § 1 (Exh. A); Ord. O-16-2010 § 3 (Exh. B); Ord. O-18-2008 § 2 (Exh. A § 20.8); Ord. O-11-2008 § 2 (Exh. A § 20.7); Ord. O-23-2005 § 3 (Exh. 1(1) § 20.8)].

Master site plan approvals shall expire two years from the date of city council approval if a site plan application has not been approved by the city council; site plan approvals shall expire one year from the date of city council approval if a building permit has not been obtained for the project.

A. Extensions of Time. An extension of time may be requested by an applicant with the following requirements:

1. A written, signed request for an extension of time shall be received by the planning director prior to the expiration date of the project.

2. The request for an extension of time shall specify any progress made on the project’s conditions of approval, and the reasons for the extension request, along with supporting documentation.

B. Criteria for Approving Extensions of Time. It is the responsibility of the applicant to request an extension of time prior to a project’s expiration. The city is not responsible to remind applicants of expiration dates. The planning director shall approve or deny a request for an extension of time within a reasonable period of time after receiving the request. The planning director may grant up to a single one-year extension of time to any project that meets one of the following criteria:

1. The applicant must have shown a good faith effort to initiate the project by systematically completing predevelopment conditions.

2. The applicant’s initiation of development activities is based on an action by the city or other public agency which has not taken place or was delayed, resulting in a time delay beyond the permit holder’s control.

C. Appeals. An applicant may appeal the planning director’s decision to the planning commission within 15 days of the date of the decision. The applicant may then appeal a decision of the planning commission to the city council within 15 days of the planning commission’s decision. In no case shall the planning commission or city council approve more than a single one-year extension of time.

D. Resubmitting an Expired Project. A project that has expired may be resubmitted within two years of the expiration date for a fee to cover time and materials, not to exceed 50 percent of the original fee, if the project is substantially similar to the expired plan. The resubmitted project must be in compliance with the current development code at the time of resubmittal. [Ord. O-34-2025 § 1 (Exh. A); Ord. O-16-2010 § 3 (Exh. B)].

Any building permit issued shall expressly require that development be undertaken and completed in conformity with the provisions of the approved site plan.

A. Application Compliance. A building permit shall not be issued for any building or structure, external alterations thereto, or any sign or advertising structures until the provisions of this chapter have been met.

B. Bonds. In order to assure that the development will be constructed to completion in an acceptable manner, the applicant (owner) shall enter into an agreement and provide a bond similar to the requirements applicable to subdivisions. The agreement and bond shall assure timely construction and installation of all required public improvements, including, but not limited to, landscaping, flood control facilities, parking, street improvements and other improvements required for site plan approval. The applicant (owner) shall enter into an agreement and provide a bond for 110 percent of the cost as estimated by the city engineer. The developer may request 90 percent of the amount for one line item to be released with authorization by the city engineer, when that line item is completed, inspected, and accepted by the city inspector. One hundred percent of the entire bond may be released when the site is completed, inspected, and accepted by the city. The remaining 10 percent will be held to ensure that the improvements shall be maintained in a state of good repair for a period of two years from the date of completion and acceptance by the city inspector. Improvement collateral requirements shall be recalculated if the project was approved more than 180 days prior to the date of proposed recordation. [Ord. O-34-2025 § 1 (Exh. A); Ord. O-16-2010 § 3 (Exh. B); Ord. O-18-2008 § 2 (Exh. A § 20.9); Ord. O-11-2008 § 2 (Exh. A § 20.8); Ord. O-23-2005 § 3 (Exh. 1(1) § 20.9). Formerly 17.100.090].

A certificate of occupancy shall be issued for any building or structure, external alterations thereto, or any sign or advertising structures, when provisions of the approved site plan and/or written development agreements have been met. [Ord. O-34-2025 § 1 (Exh. A); Ord. O-16-2010 § 3 (Exh. B); Ord. O-18-2008 § 2 (Exh. A § 20.10); Ord. O-11-2008 § 2 (Exh. A § 20.9); Ord. O-23-2005 § 3 (Exh. 1(1) § 20.10). Formerly 17.100.100].

The planning director and planning commission may recommend waiving some of the requirements of this title or chapter when a site plan is temporary in nature. A temporary site plan approval shall be valid for a period of time as determined by the city council as part of the initial review. Applicants may request that temporary site plan approval be renewed. The same approval process procedures described in this chapter shall be followed, with the exception of the mandatory public hearing requirement. At the discretion of the planning director or planning commission, a public hearing may be required when renewing a temporary site plan application. [Ord. O-34-2025 § 1 (Exh. A); Ord. O-16-2010 § 3 (Exh. B); Ord. O-18-2008 § 2 (Exh. A § 20.11); Ord. O-11-2008 § 2 (Exh. A § 20.10); Ord. O-23-2005 § 3 (Exh. 1(1) § 20.11). Formerly 17.100.110].

Site plan amendment approval shall be required when the city council, owner of property, or duly authorized agent seeks to execute a site plan that materially deviates from the previously approved site plan.

A. Minor Site Plan Amendments. The planning director or designee may approve minor modifications to a site plan previously approved by the city council or planning commission if the amendments do not deviate from the original purposes of the approved site plan and will comply with all requirements of this section.

B. Process. All processes and procedures set out in this chapter shall be applicable.

C. Decisions. Decisions to approve or deny a minor amendment to an approved site plan shall be based on the following criteria:

1. The amendment will be in the public interest; and

2. The amendment will not:

a. Negatively impact the adjoining property or neighborhood.

b. Adversely impact the site on which the minor modification is requested or any surrounding property.

c. Endanger the public health or safety.

d. Adversely affect the enjoyment, use, development or value of any property.

D. Minor Amendments. The proposed amendments to the site are minor in nature and enhance the overall site. Minor amendments include, but are not limited to, the following:

1. Increasing the amount of parking.

2. Restriping the parking areas.

3. Reducing the building size.

4. A building addition or new structure, where the proposed addition or structure does not exceed 10 percent of the square footage of the existing building(s) on the same lot.

5. Relocating the on-site utility services.

6. Altering the exterior site lighting.

7. Increasing the amount of landscaping.

8. Relocating parking stalls or changing the number of parking stalls on site. Parking stalls required by the EMMC shall not be reduced beyond the minimum number required by Chapter 17.55 EMMC.

9. Additions to an existing building that do not increase the gross floor area of the building such as awnings, canopies, decks, patios, and architectural features designed solely to enhance the aesthetic appeal of the building.

E. Staff Decision. Within 10 business days of the application, the planning director or designee shall issue a written decision to approve or continue review of the minor modification until the proposed site amendment complies with code, or determine that the amendment exceeds the criteria for a minor amendment to an approved site plan. Written findings shall be filed documenting the results of the review and the rationale for the decision.

F. Building Permits. Permits granted on the basis of an approved site plan for which a minor amendment was also approved shall only authorize those uses, arrangement, and construction set forth in such approved plans and applications and no other use, arrangement, or construction. Use, arrangement, or construction at variance with the approved site plan shall be deemed a violation of this title.

G. Major Amendments. All site plan amendments other than those described as minor site plan amendments in Chapter 17.130 EMMMC shall be considered to be major site plan amendments and may only be approved after filing a site plan amendment application as set out in EMMC 17.100.170.

H. Site Plan Amendment Application.

1. The city council, the property owner, or their duly authorized agent shall make an application for a site plan amendment on forms prepared by the planning director.

2. No site plan amendment application shall be processed without the submission of the application, all the supporting materials as required by this chapter and the application fee. Incomplete applications shall not be processed under any circumstance.

3. The following items shall be submitted electronically via the application portal on the city website or as otherwise directed by the planning director:

a. Signed application;

b. Explanation of the purpose of the proposed site plan amendment;

c. The name and address of all owners of record of the property included in the original site plan, if available;

d. Signatures of all property owners directly affected by or having an interest in the proposed amendment;

e. Current title report shall be submitted for the property affected by the site plan amendment;

f. The amended site plan which must clearly depict what portion of the original site plan is proposed to be amended;

g. A copy of the previously approved site plan shall be submitted for reference;

h. Any relevant development agreements affected by the proposed amendment shall be provided;

i. The application fee required by the current consolidated fee schedule approved by the city council.

I. Approval Process and Exceptions.

1. The site plan amendment application shall not be construed as an absolute right upon submission of an application and does not require the land use authority to take action based upon findings of facts.

2. Upon receipt of a complete application, the planning director shall conduct a preliminary review. If, upon review, the planning director determines that the proposed amendment constitutes a major site plan amendment, the application shall be placed on the planning commission’s agenda as a public hearing within 30 days. If the planning director determines that the proposed amendment constitutes a minor site plan amendment, the application shall be processed in accordance with EMMC 17.100.130.

3. Upon recommendation from the planning commission, the city council shall have 45 days to conduct a public meeting on the application.

4. Following the public meeting and review of the major site plan amendment, the city council may approve, deny, or conditionally approve the proposed amendment. Approval shall only be granted upon finding that the amendment:

a. Complies with applicable law;

b. Does not materially injure public or private interest; and

c. Advances legitimate planning objectives.

J. Exceptions. A site plan amendment application is not required for adjustments to internal building layout, signage modifications consistent with city code, or similar insubstantial changes as determined by the planning director. [Ord. O-34-2025 § 1 (Exh. A)].

This chapter establishes the process for property owners to seek variances to the provisions of this title as defined by Section 10-9-707, Utah Code Annotated 1953, as amended. [Ord. O-23-2005 § 3 (Exh. 1(1) § 21.1)].

The purpose of this chapter is to provide a legal method for persons who are seeking relief through the granting of a variance from the specific provisions of the land use regulations that may apply to real property. [Ord. O-23-2005 § 3 (Exh. 1(1) § 21.2)].

Variances provide potential relief for landowners whose property may have some special condition or unique physical characteristic whereby a strict enforcement of this title will result in unnecessary hardship and deprive that landowner of privileges, rights or benefits that are possessed by other properties within the same district. The variance process does not change the zoning of a property but may waive or modify standards contained in this title as applied to the property. [Ord. O-23-2005 § 3 (Exh. 1(1) § 21.3)].

Only property owners, lessees or their duly authorized agents shall make application for a variance on forms provided by the planning department. No variance application may be processed without the submission of the application, all the supporting materials as required by section, and the processing fee. Incomplete applications shall not be processed under any circumstance.

A. Supporting Materials. The following supporting materials shall be submitted with all variance applications. The number of hard copies and electronic copies, as well as the appropriate format of each, will be determined by the planning director.

1. Recorded Plat. The existing recorded plat shall be submitted.

2. Plot Plan. Plot plans showing the location of the existing building(s) on the lot; existing building(s) on adjoining lots; proposed building(s) (if any); and any dimensions or other information that clearly shows the proposed variance.

3. Written Explanation. A written explanation as to why the property qualifies for the variance based upon all the criteria defined in this chapter and in Section 10-9-707, Utah Code Annotated 1953, as amended.

4. Public Notice. Addressed and stamped envelopes (the city’s address will be the return addresses on the envelopes) of property owners located within 600 feet of the proposed variance (including a minimum of at least 25 adjacent property owners).

5. Fee. The processing fee required by the current consolidated fee schedule approved by the city council shall be paid in full. [Ord. O-23-2005 § 3 (Exh. 1(1) § 21.4)].

A. Upon receipt of a complete application, the planning director shall set a date for the planning commission to consider the request for a variance. Upon receipt of a complete application, the planning director shall schedule the application for a public hearing before the planning commission. The planning director shall cause all property owners within 600 feet of the boundaries of the proposed application area (including a minimum of at least 25 adjacent property owners and affected entities if there be any) to be notified by first class mail of the time and place of the public hearing at least 10 days prior to the planning commission meeting. A copy of the public notice of the hearing shall also be posted in three public places (including the city offices) within the city at least 10 days prior to the hearing.

B. Prior to the planning commission meeting at which the variance application is scheduled to be heard, the planning director shall transmit the application materials together with a written analysis of the variance application, pertinent facts, a review of applicable regulations and a formal staff recommendation to the planning commission.

C. The planning commission shall consider the variance request, together with all pertinent facts, applicable regulations and the staff recommendation and shall take action to approve, approve with modifications, disapprove or request further information prior to rendering a final determination on the variance application. [Ord. O-23-2005 § 3 (Exh. 1(1) § 21.5)].

A. Approval Criteria. The planning commission shall not approve, even with modifications, a variance application unless it finds the following:

1. Literal enforcement 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 district.

3. Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same district.

4. The variance will not substantially affect the general plan and will not be contrary to the public interest.

5. The spirit of this title is observed and substantial justice is done.

B. Determination of Hardship. In determining whether or not enforcement of this title would cause an unreasonable hardship, the planning commission may not find an unreasonable hardship unless it alleges that the hardship:

1. Is located on or associated with the property for which the variance is sought; and

2. Comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood.

C. Determination of Special Circumstances. In determining whether or not there are special circumstances attached to the property, the planning commission may find that special circumstances exist only if they:

1. Relate to the hardship complained of; and

2. Deprive the property of privileges granted to other properties in the same district.

D. Approval Parameters.

1. The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met.

2. Variances run with the land.

3. In granting a variance, the planning commission may impose additional requirements on the applicant that will:

a. Mitigate any harmful effects of the variance; or

b. Serve the purpose of the standard or requirement that is waived or modified. [Ord. O-23-2005 § 3 (Exh. 1(1) § 21.6)].

This chapter establishes the appeals procedures and criteria in processing of alleged taking of property. [Ord. O-23-2005 § 3 (Exh. 1(1) § 22.1)].

The purpose of this chapter is to ensure that property owners that allege that their property has been taken without just compensation have the opportunity to appeal the action of the city. [Ord. O-23-2005 § 3 (Exh. 1(1) § 22.2)].

If, after completing an appeal to the board of adjustment or city council, any person alleges that a decision of the administrator or planning commission, as affirmed or modified by the board of adjustment or city council, constitutes a taking of property without just compensation, that decision may be appealed to the city council as an alleged taking of property without just compensation. No other aspect of a decision of the board of adjustment is subject to such an appeal. Other appeals from the board of adjustment must be taken directly to court as provided by Section 10-9-708, Utah Code Annotated 1953.

A. An appeal based on an alleged taking of property without just compensation must be filed with the administrator within 30 calendar days after the notice of the decision being appealed was issued.

B. The city council shall conduct a hearing on the appeal within two regular consecutive meetings after it is filed. At that hearing the city council shall consider the guidelines adopted pursuant to Section 63-90a-3, Utah Code Annotated 1953, and as advised by the city attorney shall:

1. Reject the appeal because the decision of the administrator or planning commission and board of adjustment did not constitute a taking of property without just compensation;

2. Remand the application for reconsideration by the administrator or planning commission in order to mitigate adverse impacts on the developer’s property value; or

3. If it determines that the public interest requires a restriction on the use of the developer’s property that does constitute a taking without just compensation, direct the mayor to enter into negotiations that will result in just compensation being paid.

C. The administrator shall provide written notice of the city council’s decision to the developer and all interested parties who have specifically requested such notice within 10 working days. [Ord. O-23-2005 § 3 (Exh. 1(1) § 22.3)].

The city attorney must use the following questions in reviewing the potential impact of a regulatory or administrative action on specific property. While these questions also provide a framework for evaluating the impact proposed requirements may have generally, takings questions normally arise in the context of specific affected property. The public review process used for evaluating proposed regulations is another tool that should be used aggressively to safeguard rights of private property owners. Although a question may be answered affirmatively, it does not mean that there has been a taking. Rather, it means there could be a constitutional issue and that the proposed action should be carefully reviewed.

A. Does the action result in a permanent or temporary physical occupation of private property?

B. Does the action require a property owner to dedicate a portion of property or to grant an easement?

C. Does the regulation deprive the owner of all economically viable uses of the property?

D. Does the regulation have a significant impact on the landowner’s economic interest?

E. Does the regulation deny a fundamental attribute of ownership?

F. Does the regulation serve the same purpose that would be served by directly prohibiting the use of action, and does the condition imposed substantially advance that purpose? [Ord. O-23-2005 § 3 (Exh. 1(1) § 22.4)].