The purpose of this chapter is to set forth procedures and standards for considering various types of land use and development applications to ensure that applications of the same type will be processed on a uniform basis consistent with applicable law.

(Code 2023, § 10-5-1; Ord. No. 2017-54, 12-13-2017)

Any proposed land use, development, or other matter which is subject to a procedure set forth in this chapter shall be submitted, reviewed, and acted upon as provided in this chapter.

(Code 2023, § 10-5-2; Ord. No. 2017-54, 12-13-2017)

Certain words and phrases in this chapter, including land uses, are defined in HCC chapter 10-3.

(Code 2023, § 10-5-3; Ord. No. 2017-54, 12-13-2017)

The following requirements shall apply to any proposed land use, development, or other matter regulated by this title:

1. Permits required. No use of land, construction, alteration, repair, or removal of any building or structure, or any part thereof, which requires a permit under this title, shall be commenced unless the required permit is issued.
2. Application. Any general plan application, land use application, or regulatory application shall be submitted on a form provided by the community development director in such numbers as reasonably required by the director for a particular type of application.
3. City initiated application. The city council, planning commission, or the community development director 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.
4. Development review sequence. No land use application shall be considered unless:
   1. The approval requested in the application conforms to the intent of the general plan and is allowed by the zone existing on the subject property; or
   2. The application is submitted simultaneously with any applications needed to amend the general plan, zoning map, or provisions of this title that, if approved, would allow approval of the application.
5. 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.
6. Determination of complete application. After receipt of an application, the community development director shall determine whether the application is complete based on applicable requirements of this chapter. If the application is not complete, the director shall notify the applicant in writing and shall:
   1. Specify the deficiencies in 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.
7. Fees. When an application is filed, the applicant shall pay to the city the fee associated with such application as provided in the current fee schedule adopted by the city council. Any application not accompanied by a required fee shall be deemed incomplete.
   1. Fees shall be nonrefundable except as provided in subsection (H) of this section.
   2. Fees shall not be required for applications initiated by the city.
8. Remedy of deficiencies. If an applicant fails to correct specified deficiencies within 30 days after notification thereof, the application shall be deemed withdrawn.
9. Additional information. As part of the approval process for any application governed by this title, the decision-making body or official may request additional information or materials reasonably necessary to determine compliance with applicable provisions of this title.
10. Reviews and inspections. If review of a proposed development exceeds the capacity of city staff, independent professional services may be secured. The hiring of the independent professional shall be the responsibility of the city and shall be done by mutual agreement between the city and the applicant. The cost of additional review and inspection services shall be borne by the applicant.
11. Decision date. A decision made under the provisions of this title shall take effect on the day when a written decision is issued by the decision-making body or official.
12. Time computation. In computing any period of time prescribed or allowed by this title, the period stated shall:
    1. Exclude the day of the event that triggers the period;
    2. Count every day, including intermediate Saturdays, Sundays, and legal holidays; and
    3. Include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period shall continue until the end of the next day that is not a Saturday, Sunday, or legal holiday.
13. Extensions of time. Unless otherwise prohibited by this title, upon written request and for good cause shown, any decision-making body or official having power 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.
14. Pending ordinance amendments.
    1. When a proposed amendment to the zoning map or text of this title is pending, 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 text which may be amended.
       1. A proposed zoning map or text amendment shall be deemed "pending" when the amendment proposal first appears on a planning commission or city council agenda, as the case may be, which has been noticed as required by this chapter.
       2. An application shall be deemed "filed" when all materials required for the application have been submitted, as required by this title.
    2. An application affected by a pending amendment to the zoning map or text of this title shall be subject to the following requirements:
       1. The application shall not be acted upon until 180 days from the date when the pending amendment to the zoning map or text of this title was first noticed on a planning commission or city council agenda, as the case may be, unless:
          1. The applicant voluntarily agrees to amend the application to conform to the requirements of the proposed amendment; or
          2. The proposed amendment is sooner enacted or defeated, as the case may be.
       2. If a pending amendment to the zoning map or text of this title is enacted within 180 days after being noticed on a planning commission or city council agenda, as the case may be, 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 text of this title is not enacted within 180 days after being noticed on a planning commission or city council agenda, as the case may be, the amendment shall no longer be considered pending and any affected application may be approved without regard to the previously pending amendment.
    3. The community development director shall give an applicant affected by a pending amendment to the zoning map or text of this title written notice that:
       1. There is pending legislation;
       2. The application may require changes to conform to a zoning map or text amendment which may be enacted; and
       3. Copies of the pending legislation are available at the community development office.
15. Zoning compliance required for permit issuance. Any building permit, business license, or other permit which is dependent upon conformance with a provision of this title may not be issued unless the permit complies with such provision as provided in HCC 10-5-22. Such permits shall not be approved if any building, structure, or use of land would be in violation of any provision of this title.
16. Infrastructure improvements; performance bonds. Any infrastructure improvements required under this title, including, but not limited to, curb, gutter and sidewalk, fences, landscaping, streets, fire hydrants, water meters, and parking, shall be satisfactorily installed prior to the city authorizing permanent electrical and water service; or, if no electrical or water service is required, prior to issuance of any occupancy permit for the land being developed. In lieu of actual completion of such improvements prior to electrical and water service being provided or issuance of an occupancy permit, an applicant may file with the city an improvement completion assurance as provided in HCC chapter 10-20.
17. 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. The foregoing time limit shall be extended for any application subject to a pending ordinance amendment. Such extension shall be equal to the length of time that the amendment was pending.

(Code 2023, § 10-5-4; Ord. No. 2017-54, 12-13-2017)

Any public hearing or meeting required under this title shall be scheduled and held subject to the requirements of this section and applicable state law. If a conflict arises between a provision of this section and state law, state law shall prevail.

1. Scheduling a public hearing or 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 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 meeting;
   3. Available staff resources; and
   4. Applicable public notice requirements.
2. Required notice of public hearing or public meeting. Public notice shall comply with applicable requirements of U.C.A. 1953, § 52-4-202. Notice of a public hearing shall be provided at least ten calendar days before the hearing date. Notice of a public meeting shall be provided at least 24 hours before the meeting. A public hearing or meeting notice shall include:
   1. A statement summarizing the substance of the application;
   2. The date, time, and place of the public hearing or public meeting; and
   3. The place where the application may be inspected by the public.
3. Posting notice on site. In addition to public notice of a hearing or public meeting as provided in this section, the community development director shall cause on-site notice to be posted for any application to amend the zoning map. Any error or failure by the city to post on-site notice shall not affect the legal adequacy or sufficiency of notice except as required by state law.
4. Applicant notice.
   1. For each land use application, the community development director shall:
      1. Notify the applicant of the date, time, and place of each public hearing and public meeting to consider the application;
      2. Provide to each applicant a copy of each staff report regarding the applicant or the pending application at least three business days before the public hearing, public meeting, or staff-level review meeting, as applicable; and
      3. Within a reasonable time, or as required by this title or state law, notify the applicant of any final action on a pending application.
   2. If the community development director fails to comply with the requirements of subsection (D)(1)(a) or (b) of this section, or both, an applicant may waive the failure so that the application may stay on the public hearing or public meeting agenda and be considered as if the requirements had been met.
5. Challenge of notice. If notice required by this section is not challenged in accordance with applicable appeal procedures within 30 days after the meeting or action for which notice was given, the notice shall be considered adequate and proper.
6. 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 Government Records Access and Management Act (U.C.A. 1953, § 63G-2-101 et seq.). Copies of such materials shall be made available at reasonable cost in accordance with the city's current fee schedule and applicable law.
7. Application amendments. Except as provided for in this title or state law, an application shall be considered as submitted when the application is deemed complete. Subsequent amendments to an application submitted by an applicant may not be considered by the decision-making body or official unless the amendment is requested by the city.
8. Public hearing and public meeting procedures. An application shall be considered pursuant to rules of order and procedure established by the decision-making body or official for the conduct of such meetings.
9. Withdrawal of application. An applicant may withdraw an application at any time before notice of the application has been posted or published. Application fees shall not be refundable.
10. Record of public hearing or public meeting. Written minutes and a recording shall be kept of all public hearings and public meetings as required by U.C.A. 1953, § 52-4-203 and shall be available for public review and access in accordance with the Government Records and Access Management Act (U.C.A. 1953, § 63G-2-101 et seq.).

(Code 2023, § 10-5-5; Ord. No. 2017-54, 12-13-2017; Ord. No. 2024-02, exh. A(10-5-5), 1-24-2024)

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

1. Legislative actions.
   1. A land use regulation may be enacted only by an ordinance adopted by the city council, except that a land use regulation which imposes a fee may be enacted by an ordinance or resolution. A land use regulation shall be consistent with the purposes set forth in the Municipal Land Use, Development, and Management Act (U.C.A. 1953, § 10-9a-101).
   2. The following types of applications are hereby declared to be legislative:
      1. General plan adoption or amendment;
      2. Regulatory applications:
         1. Zoning map adoption or amendment;
         2. Zoning text adoption or amendment; and
         3. Temporary regulations; and
      3. Development agreements.
   3. Decisions regarding a legislative application shall be based on the "reasonably debatable" standard, as follows:
      1. The city council shall determine what action, in its judgment, will reasonably promote the public interest, conserve the value of property, avoid incompatible development, encourage appropriate use and development, and promote the general welfare.
      2. In making such determination, the city council may, among other things, 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 legislative proposal may have on such conditions and activities, the values of other properties, and upon the general orderly development of the city.
      3. The city council should state on the record the basis for its decision.
2. Administrative actions.
   1. The following types of applications are hereby declared to be administrative:
      1. Permitted uses;
      2. Conditional uses;
      3. Site plans;
      4. Sign permits;
      5. Temporary use permits;
      6. Preliminary plats;
      7. Final plats;
      8. Subdivision plat amendments;
      9. Property line adjustments;
      10. Condominiums;
      11. Nonconformities;
      12. Variances;
      13. Zoning compliance review;
      14. Administrative interpretations; and
      15. Appeal of administrative decisions.
   2. In making a decision on an administrative application, the decision-making body or official shall apply the plain language of applicable land use regulations.
      1. If a land use regulation does not plainly restrict a land use application, the decision-making body or official shall interpret and apply the land use regulation to favor the land use application.
      2. A land use decision of a decision-making body or official is an administrative act, even if the decision is made by the city council.
   3. Decisions regarding administrative applications shall be based on the "substantial evidence" standard and shall include 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 this Code; and a statement of approval, approval with conditions, or disapproval, as the case may be.

(Code 2023, § 10-5-6; Ord. No. 2017-54, 12-13-2017; Ord. No. 2024-02, exh. A(10-5-6), 1-24-2024)

1. Purpose. This section sets forth procedures for adopting and amending the general plan.
2. Authority. The city council shall adopt a general plan as set forth in U.C.A. 1953, § title 10, ch. 9a, pt. 4 (U.C.A. 1953, § 10-9a-401 et seq.), and 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 this section and U.C.A. 1953, § 10-9a-401.
3. Initiation. An application to adopt or amend the general plan may be submitted by any person as provided in this section. An agent of a property owner shall provide an affidavit of authorization.
4. Procedure. An application to adopt or amend the general plan shall be considered and processed as provided in this section and as required by applicable provisions of HCC 10-5-4 and 10-5-5.
   1. An application to adopt or amend the general plan shall be submitted to the community development director along with any applicable fee established by the city's schedule of fees.
   2. A person proposing a general plan amendment 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, the application shall include at least the following information:
      1. The name, address, 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 map amendments:
         1. A map showing the area affected by 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 one-half mile beyond such area;
         4. Correct property addresses of all lots 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 and sewer, storm drains, electrical power, fire protection, garbage collection, schools, and such other matters as the city may require from time to time; and
      3. For 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. A map showing affected areas if text changes will affect specific geographic areas.
   3. After an application is determined to be complete, the community development director shall:
      1. Give public notice as required by HCC 10-5-5, U.C.A. 1953, § 10-9a-203 (notice of intent to prepare a general plan or comprehensive general plan amendments) and U.C.A. 1953, § 10-9a-204 (notice of public hearings and public meetings to consider general plan or modifications);
      2. For any application involving more than five acres of land, hold at least one open house prior to the first public hearing associated with the application pursuant to reasonable notice as determined by the director; and
      3. Prepare a staff report evaluating the application.
   4. The planning commission shall hold a public hearing on the application as provided in HCC 10-5-5 and the public notice. After the public hearing, the planning commission shall forward its recommendations on the application to the city council.
   5. Following required public notice, the city council shall hold a public meeting on the application and shall act on the application as provided in subsection (E) of this section.
5. Approval standards. A decision to adopt or amend the general plan is a matter within the legislative discretion of the city council. After the public meeting, the city council may adopt the application as proposed, adopt an amended proposal, or reject the application.
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 U.C.A. 1953, § 10-9a-801.
7. Effect of approval.
   1. After the city council has adopted a general plan, no street, park, or other public way, ground, place, or space, no publicly owned building or structure, and no public utility, whether publicly or privately owned, may be constructed or authorized until and unless it conforms to the current general plan.
   2. Approval of an application to adopt or amend the general plan shall not be deemed approval of any other procedure or permit required by this title or this Code.
8. Effect of disapproval. Denial of an application to adopt or 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 one year from the date of the disapproval. This section shall not limit the city council, planning commission, or the community development director from initiating an application to adopt or amend the general plan at any time.

(Code 2023, § 10-5-7; Ord. No. 2017-54, 12-13-2017)

1. Purpose. This section sets forth procedures for amending the provisions of this title and the zoning map.
2. Authority. The city council may from time to time amend the text of this title 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.
3. Initiation. An application to amend the text of this title or the zoning map may be submitted 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 text and map amendment applications shall be considered and processed as provided in this section and as required by applicable provisions of HCC 10-5-4 and 10-5-5.
   1. An application to amend the text of this title or the zoning map shall be submitted to the community development director along with any applicable fee established by the city's schedule of fees.
   2. A person proposing a zoning text or map amendment 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, the application shall include at least the following information:
      1. The name, address, 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; and
         3. An accurate legal description and an approximate common address of the area proposed to be rezoned.
      5. If the proposed amendment requires a change in the text of this title, the application shall include chapter and section references and a draft of the proposed text.
   3. After an application is determined to be complete, the community development director shall:
      1. Give public notice as required by HCC 10-5-5, U.C.A. 1953, § 10-9a-205 (notice of public hearings and public meetings on adoption or modification of land use regulation); and
      2. Prepare a staff report evaluating the application.
   4. The planning commission shall hold a public hearing on the application as provided in HCC 10-5-5 and the public notice. After the public hearing, the planning commission shall forward its recommendation on the application to the city council.
   5. The city council shall consider each application to amend the text of this title or the zoning map as recommended by the planning commission. After providing required notice and holding a public meeting, the council may adopt or reject the planning commission's recommendation or may make any revision the council considers appropriate.
   6. Only the city council may amend the text of this title or the zoning map. Such action shall be taken by ordinance.
5. Approval standards. A decision to amend the text of this title or the zoning map is a matter within the legislative discretion of the city council. In making an amendment, the following factors should be considered:
   1. Whether the proposed amendment is consistent with goals, objectives, and policies of the general plan;
   2. Whether the proposed amendment is harmonious with the overall character of existing development in the vicinity of the subject property;
   3. The extent to which the proposed amendment may adversely affect adjacent property; and
   4. 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. Conditions to zoning map amendment.
   1. In order to provide more specific land use designations and land development suitability, to ensure that proposed 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 zoning map amendment which limit or restrict the following:
      1. Uses;
      2. Dwelling unit density;
      3. Building square footage; and
      4. Height of structures.
   2. A zoning map amendment attaching any of the conditions set forth in subsection (F)(1) of this section shall be designated "ZC" after the zoning classification on the zoning map.
   3. If any zoning condition is declared invalid by a court of competent jurisdiction, then the entire zoning map amendment shall be void. Any deletion in or change to a zoning condition shall be considered an amendment to this title and shall be subject to the requirements of this chapter.
   4. The attachment of conditions to any zoning map amendment shall not affect the applicability of the requirements of any conditional use.
7. Effect of approval. Approval of an application to amend the provisions of this title or the zoning map shall not be deemed an approval of any other procedure or permit required by this title or this Code.
8. Effect of disapproval. City council denial of an application to amend the provisions of this title or the zoning map shall preclude the filing of another application covering substantially the same subject or property, or any portion thereof, for one year from the date of the disapproval, except as follows:
   1. Another application may be sooner considered if:
      1. The city council 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. This section shall not limit the city council, planning commission, or the community development director from initiating an application to amend the provisions of this title or the zoning map at any time.

(Code 2023, § 10-5-8; Ord. No. 2017-54, 12-13-2017)

1. Purpose. The purpose of this section is to establish standards for determining whether an existing or proposed land use is a permitted use under the provisions of this title. Permitted uses shall be allowed by right and any person may engage in a permitted use when allowed by the zone where the land is located, subject to applicable requirements of this title and this Code.
2. Authority. If a question arises as to whether a particular land use is permitted in the zone where the use is located, the community development director shall, upon request, make a permitted use determination as set forth in this section.
3. Initiation. Any person may initiate a request for a permitted use determination.
4. Procedure. A permitted use determination shall be considered and processed as provided in this section and as required by applicable provisions of HCC 10-5-4 and 10-5-5.
5. Approval standards. The following standards shall apply to a permitted use determination.
   1. A permitted use shall be allowed if the use:
      1. Is listed as a permitted use in the zone where the use is located;
      2. Conforms to development standards of the applicable zone;
      3. Conforms to applicable requirements of this title; and
      4. Conforms to any other applicable requirements of this Code.
   2. The community development director may impose conditions as may be necessary to achieve conformance with applicable code requirements.
   3. If a proposed permitted use is located on an unsubdivided lot, a subdivision shall be approved and recorded as a condition of allowing the permitted use.
6. Appeal. Any person adversely affected by a final decision of the community development director regarding a permitted use determination may appeal that decision to the appeal authority as provided in HCC 10-5-24.
7. Effect of approval. Approval of a permitted use shall authorize an applicant to engage in the use subject to any conditions of approval and applicable requirements of this title and this Code.
8. Amendment. The procedure for amending any permitted use determination shall be the same as the original procedure set forth in this section.
9. Revocation. A permitted use determination may be revoked as provided in HCC 10-7-7(F).
10. Expiration. A permitted use determination shall not expire.

(Code 2023, § 10-5-10; Ord. No. 2017-54, 12-13-2017)

1. Purpose. This section sets forth procedures for considering and approving conditional uses.
2. Authority. The planning commission is authorized to approve conditional uses as provided in this section.
3. Initiation. An application for a conditional use may be submitted by a property owner or lessee as provided in this section. An agent of a property owner or lessee shall provide a notarized authorization.
4. Procedure. A conditional use application shall be considered and processed as provided in this section and as required by applicable provisions of HCC 10-5-4 and 10-5-5.
   1. An application shall be submitted to the community development director or designee along with any applicable fee established by the city's schedule of fees. The application shall include at least the following information:
      1. The name, address, 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 site plan which meets the requirements of HCC 10-5-11;
      6. Traffic impact analysis, if required by the city engineer or the planning commission;
      7. A statement by the applicant demonstrating how the conditional use permit request meets the approval standards of subsection (E) of this section;
      8. Such other and further information or documentation as the community development director or designee may reasonably deem necessary for proper consideration and disposition of a particular conditional use application.
   2. After an application is determined to be complete, the community development director shall:
      1. Give public notice as required by HCC 10-5-5, U.C.A. 1953, § 10-9a-205 (notice of public hearings and public meetings on adoption or modification of land use regulation); and
      2. Prepare a staff report evaluating the application.
   3. The planning commission shall 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 (E) of this section. Any conditions of approval shall be limited to conditions needed to conform the site plan to approval standards.
   4. A record of all conditional use permits shall be maintained in the office of the community development director or designee.
5. Approval standards.
   1. The proposed conditional use shall comply with city, state, and federal codes as applicable to the site where the conditional use will be located.
   2. The proposed conditional use is consistent with the applicable objectives, goals, and policies of the general plan.
   3. The proposed conditional use and associated plans include substantial mitigation of reasonably anticipated detrimental effects arising from the conditional use, including, but not limited to:
      1. Detrimental effects of decreased street service levels and/or traffic patterns including the need for street modifications such as dedicated turn lanes, traffic control devices, safety, street widening, curb, gutter and sidewalks, location of ingress/egress, lot surfacing and design of off-street parking and circulation, loading docks, as well as compliance with off-street parking standards, including other reasonable mitigation as determined by a qualified traffic engineer.
      2. Detrimental effects on the adequacy of utility systems, service delivery, and capacities, including the need for such items as relocating, upgrading, providing additional capacity, or preserving existing systems, including other reasonable mitigation as determined by the city's engineering staff, contracted engineers, and utility service providers.
      3. Detrimental effects on connectivity and safety for pedestrians and bicyclists.
      4. Detrimental effects by the use due to its nature, including:
         1. Noise that exceeds sound levels normally found within the neighborhood or surrounding zone;
         2. Odors beyond what is normally considered acceptable within the neighborhood or surrounding zone; and
         3. Environmental impacts such as dust, fumes, smoke, odor, noise, vibrations, chemicals, toxins, pathogens, gases, heat, light, electromagnetic disturbances, and radiation.
         Detrimental effects by the use may also include hours of operation and the potential to create an attractive nuisance.
      5. Detrimental effects that increase the risk of contamination of or damage to adjacent properties and injury or sickness to people arising from, but not limited to, waste disposal, fire safety, geologic hazards, soil or slope conditions, liquefaction potential, site grading/topography, storm drainage/flood control, high groundwater, sensitive lands, environmental health hazards, or wetlands, as determined by city engineer, city geologist and other qualified specialists.
      6. Detrimental effects of modifications to or installation of signs and exterior lighting that conflict with neighborhood compatibility.
      7. Detrimental effects arising from incompatible designs in terms of use, scale, intensity, height, mass, setbacks, character, construction, solar access, landscaping, fencing, screening, and architectural design and exterior detailing/finishes and colors within the neighborhood in which the conditional use will be located.
      8. Detrimental effects on the tax base and property values.
      9. Detrimental effects on the current level of economy in governmental expenditures.
      10. Detrimental effects on emergency fire service and emergency vehicle access.
      11. Detrimental effects on usable open space.
      12. Inadequate maintenance of the property and structures in perpetuity including performance measures, compliance reviews, and monitoring.
   4. Conditions may be imposed as necessary to conform the proposed conditional use permit to the requirements set forth in this subsection (E). Such conditions shall be expressly set forth in the approval authorizing the conditional use.
6. Appeal. Any person adversely affected by a final decision of the planning commission regarding a conditional use may appeal that decision to the appeal authority as provided in HCC 10-5-24.
7. Effect of approval. Approval of a conditional use shall authorize an applicant to apply for any other authorization or permit required under this title which first requires a conditional use. Approval of a conditional use shall not be deemed an approval of any other procedure or permit required by this title or this Code.
   1. An approved conditional use is for the benefit of the property where the use is located and shall not be construed as personalty of the applicant or property owner.
   2. Unless otherwise provided under this title, 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 shall be the same as the original procedure set forth in this section.
9. Revocation. A conditional use may be revoked as provided in HCC 10-7-7(F).
   1. In addition to the grounds set forth in HCC 10-7-7(F), any of the following shall be grounds for revocation of a conditional use:
      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 an approved site plan; 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 two years after approval or if abandoned. Abandonment may be presumed to have occurred if:
    1. The use has been discontinued for one year or more; or
    2. The primary structure associated with the conditional use remains vacant for a period of one year.

(Code 2023, § 10-5-11; Ord. No. 2017-54, 12-13-2017; Ord. No. 2022-13, 4-13-2022)

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 city standards and specifications.
2. Authority. The planning commission is authorized to approve site plans as provided in this section.
3. Initiation. An application for approval of a site plan may be submitted by a property owner as provided in this section. An agent of a property owner shall provide an affidavit of authorization.
   1. A site plan shall be required for any of the following land uses unless expressly exempted from such requirement by another provision of this title:
      1. Any use in a forestry recreation zone;
      2. Any multifamily residential use;
      3. Any public or civic use;
      4. Any commercial use;
      5. Any industrial use; and
      6. Any residential development not located within a recorded subdivision.
   2. When a site plan 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. Procedure. A site plan application shall be considered and processed as provided in this subsection and as required by applicable provisions of HCC 10-5-4 and 10-5-5.
   1. A site plan application shall be submitted to the community development director along with any applicable fee established by the city's schedule of fees.
   2. The application shall include at least the following information:
      1. The name, address, and telephone number of the applicant and the applicant's agent, if any;
      2. The land uses for which site plan approval is requested;
      3. A set of development plans showing the information required in subsections (D)(2)(c)(1) through (5) of this section. The information required by each subsection shall be shown on separate sheets which conform to city standards and specifications. Except for the landscaping plan, plans shall be prepared, stamped, and signed by a professional engineer licensed by the state.
         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;
            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; and
            9. Identification of property, if any, not proposed for development;
         2. 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 watercourses, canals, ditches, springs, wells, culverts, and storm drains, and proposed method of dealing with all irrigation and waste water;
            5. Location of any designated FEMA floodplain and/or wetland boundaries;
            6. Direction of stormwater flows, catchbasins, inlets, outlets, waterways, culverts, detention basins, orifice plates, outlets to off-site facilities, and off-site drainage facilities when necessary based on adopted city standards and specifications;
         3. 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 streetlights;
            3. Minimum fire flow required by the building code 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 each utility provider, other than the city, addressing the feasibility and their requirements to serve the project;
         4. Landscaping plan, consistent with the requirements of HCC chapter 10-23; and
         5. 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 proposed signs;
      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, or 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 site plan;
      5. Any agreements with adjacent property owners regarding development of the site;
      6. Evidence of compliance with applicable federal, state, and local laws and regulations, if requested by the planning commission or community development director;
      7. A traffic impact analysis, if requested by the planning commission or city engineer;
      8. Warranty deed and preliminary title report or other document showing the applicant has control of the property; and
      9. Parcel maps from the county recorder's office showing the subject property and all property located within 400 feet thereof.
   3. After an application is determined to be complete, the community development director shall:
      1. Give public notice as required by HCC 10-5-5, U.C.A. 1953, § 10-9a-205 (notice of public hearings and public meetings on adoption or modification of land use regulation); and
      2. Prepare a staff report evaluating the application.
   4. The planning commission shall 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 (E) of this section. Any conditions of approval shall be limited to conditions needed to conform the site plan to approval standards.
   5. Prior to the issuance of any building permit for which review is required under this subsection, the applicant shall submit to the community development director a site plan as approved by the planning commission and which conforms to any required corrections or revisions.
5. Approval standards. The following standards shall apply to the approval of a site plan:
   1. The entire site shall be developed at one time unless a phased development plan is approved. 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.
   2. A site plan shall conform to applicable standards set forth in this title and other applicable provisions of city standards and specifications. Conditions may be imposed as necessary to achieve compliance with applicable requirements.
   3. In order to ensure development shown on an approved site plan will be constructed to completion in an acceptable manner, the applicant shall enter into an improvement completion assurance and warranty agreement and shall conform to the requirements set forth in HCC chapter 10-20.
6. Appeal of decision. Any person adversely affected by a final decision of the planning commission or community development director regarding approval or denial of a site plan may appeal that decision to the appeal authority as provided in HCC 10-5-24.
7. 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 until the provisions of this section have been met. Structures or improvements shall be constructed as shown on an approved site plan or as required by law.
   2. Approval of a site plan application shall not be deemed an approval of any other procedure or permit required by this title or this Code.
8. 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 community development director upon making the following findings:
      1. The proposed amendment does not relate to a matter specifically required as a condition of approval;
      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 city standards and specifications;
      5. The proposed alteration or expansion meets the approval standards of subsection (E) of this section;
      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 the proposed change without any impact on surrounding property or infrastructure.
   2. If the community development director cannot make the findings required in subsection (H)(1) of this section, an amended site plan shall be approved before any alteration or expansion occurs.
   3. Except as provided in subsection (H)(1) of this section, 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.
9. Revocation. A site plan approval may be revoked as provided in HCC 10-7-7(F).
10. Expiration. An approved site plan 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 is not substantially completed within two years.

(Code 2023, § 10-5-12; Ord. No. 2017-54, 12-13-2017)

1. Purpose. This section sets forth procedures for considering and approving a sign permit.
2. Authority. The community development director is authorized to issue sign permits as provided in this section.
3. Initiation. An application for a sign permit may be submitted by a property owner or a lessee as provided in this section. An agent of a property owner or lessee shall provide an affidavit of authorization.
4. Procedure. A sign permit application shall be considered and processed as provided in this subsection and as required by applicable provisions of HCC 10-5-4 and 10-5-5.
   1. An application for a sign permit shall be submitted to the community development director along with any applicable fee established by the city's schedule of fees.
   2. The application shall include at least the following information:
      1. The name, address, 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) of this section;
      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 as necessary to illustrate sign locations; and
         5. Adjoining property lines and uses located 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.
   3. After an application is determined to be complete, the community development director shall approve, approve with conditions, or deny the application within two business days pursuant to the standards set forth in subsection (E) of this section. Any conditions of approval shall be limited to conditions needed to conform the sign permit to approval standards.
5. Approval standards. The following standards shall apply to the issuance of a sign permit.
   1. A sign shall conform to applicable provisions of HCC chapter 10-27.
   2. All signs shall be inspected by a designated officer of the city immediately after installation. The applicant shall request inspection within five business days after installation. Any sign not conforming to the requirements of HCC chapter 10-27 shall be made to conform or shall be removed.
   3. Building, electrical, and other permits shall be required as provided in the applicable codes adopted by the city.
6. Appeal. Any person adversely affected by a final decision of the community development director regarding a sign permit may appeal that decision to the appeal authority as provided in HCC 10-5-24.
7. Effect of approval. Approval of a sign permit shall authorize an applicant to construct the sign as indicated on the permit, subject to issuance of any required building and electrical permits.
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 HCC 10-7-7(F).
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.

(Code 2023, § 10-5-13; Ord. No. 2017-54, 12-13-2017)

1. Purpose. This section sets forth procedures for considering and approving a temporary use permit.
2. Authority. The community development director is authorized to issue temporary use permits as provided in this section.
3. Initiation. An application for a temporary use permit may be submitted by a property owner or lessee as provided in this section. An agent of a property owner or lessee shall provide a notarized authorization.
4. Procedure. A temporary use permit application shall be considered and processed as provided in this subsection and as required by applicable provisions of HCC 10-5-4 and 10-5-5.
   1. An application for a temporary use permit shall be submitted to the community development director along with any applicable fee established by the city's schedule of fees.
   2. The application shall include at least the following information:
      1. The name, address, 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 pre-sold tickets, available seating, and/or parking, and past experience with similar activities; and
      7. The following information:
         1. A scale drawing of the area where the use will be 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
         2. Sufficient evidence to demonstrate the temporary use will meet the requirements of HCC chapter 10-30.
   3. After the application is determined to be complete, the community development director may solicit recommendations from city or other officials, including, but not limited to, the fire chief, police chief, county health department, and city engineer. Thereafter, the community development director shall approve, approve with conditions, or deny the application pursuant to the standards set forth in subsection (E) of this section. Any conditions of approval shall be limited to conditions needed to conform the temporary use permit to approval standards.
5. Approval standards. A temporary use shall conform to applicable development standards set forth in HCC chapter 10-30.
6. Appeal. Any person adversely affected by a final decision of the community development director regarding a temporary use permit may appeal that decision to the appeal authority as provided in HCC 10-5-24.
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 community development director.
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 HCC 10-7-7(F).
10. Expiration. A temporary use permit shall expire according to the terms of the approval. Extensions of time shall be prohibited.

(Code 2023, § 10-5-14; Ord. No. 2017-54, 12-13-2017)

1. Purpose. A pre-application meeting is optional and may be requested with the city planner by any person seeking to subdivide land in the city. The purpose of a pre-application meeting is to review a concept plan and give initial feedback. The city highly recommends a pre-application concept plan review meeting prior to submitting a preliminary subdivision plat application. A pre-application concept plan meeting is optional and does not count toward the maximum number of review cycles for subdivision land use applications.
2. Authority. No decisions may be made at a pre-application meeting. A pre-application meeting will include planning staff and other agency representatives as appropriate.
3. Initiation. Any person seeking to subdivide land may request a pre-application meeting by sending a written request, including by email, to the planning department and providing a brief description of the proposed subdivision.
4. Procedure. No later than 15 business days after receiving a request for a pre-application meeting, the city shall schedule the meeting. At or before the meeting, the city shall provide or make available:
   1. Copies of applicable land use regulations, including this chapter;
   2. A complete list of standards required for the proposed project;
   3. Preliminary and final application checklists prepared by the city;
   4. Feedback on the concept plan; and
   5. Any other information the city determines may be helpful.

(Code 2023, § 10-5-26; Ord. No. 2024-02, exh. A(10-5-15.1), 1-24-2024)

1. Purpose. A preliminary plat is required for any subdivision of land. Approval of the preliminary plat is required before an application for a final plat may be submitted. The purpose of a preliminary plat is to review and approve details and drawings of the subdivision layout, lots, streets, easements, public improvements, utility facilities, and similar requirements.
2. Authority. The planning commission is designated as the administrative land use authority authorized to review and approve preliminary plats as set forth in this section. No member of the city council may serve on the planning commission or administrative land use authority.
3. Initiation. An application for a preliminary plat may be submitted by the owner of property proposed to be subdivided as provided in this section. If applicable, an agent shall provide an affidavit of authorization.
4. Procedure. A preliminary plat application shall be reviewed and processed as provided in this subsection and as required by applicable provisions of HCC 10-5-4, HCC 10-5-5, and HCC 10-5-6.
   1. An application for a preliminary plat shall be submitted to the community development director in accordance with the provisions of this section along with any application fee established by the city's schedule of fees. A list of all items comprising a complete preliminary subdivision land use application is published on the city's website.
   2. The application shall include at least the following information:
      1. The name, address, and telephone number of the applicant and the applicant's agent, if any;
      2. Existing conditions inventory as required by HCC chapter 10-17;
      3. An electronic PDF-format copy of the proposed preliminary plat, drawn as required by city standards and specifications, showing, on each sheet of the set, the name of the subdivision, scale, sheet number, preparation date, and north arrow; including:
         1. The boundary lines and legal description of the property to be subdivided, with all dimensions shown;
         2. The location of existing permanent buildings and structures on or within 50 feet of the proposed subdivision;
         3. The layout of streets, showing location, widths and other dimensions of proposed streets (designated by actual or proposed names and numbers), crosswalks, alleys, easements, and streetlights;
         4. The layout, numbers, and typical dimensions of lots;
         5. Land intended to be dedicated or temporarily reserved for public use or set aside for use of property owners in the subdivision;
         6. Minimum building setback lines;
         7. Easements proposed for water, sewer, drainage, utility lines, and other purposes;
         8. The location of the subdivision as it relates to any associated lot owned by the applicant, including a sketch of the prospective future street system on any unplatted portion of the property, and the street system proposed within the subdivision in accordance with the future street system of the surrounding area and the general plan;
         9. The boundary lines of adjacent unsubdivided land within 100 feet of the property proposed for subdivision, showing ownership and property monuments;
         10. A vicinity map of the subdivision, drawn at a scale of 500 feet to the inch, showing all lots and streets in the subdivision, and all abutting streets with street names;
         11. The names and addresses of the applicant, the engineer or surveyor of the subdivision, and the owners of land immediately adjoining the subdivision;
         12. A contour map at intervals of at least two feet, showing all unusual topographic features with verification by a qualified engineer or land surveyor;
         13. The location of existing sanitary sewers, storm drains, subdrains, culinary and secondary water supply mains, and culverts and other utilities within the property or within 100 feet thereof, indicating pipe sizes, grades, and manholes;
         14. The location, widths, and other dimensions of proposed streets, alleys, easements, parks, and other open spaces and lots with the size and buildable area of each proposed lot in square footage and proper labeling of spaces to be dedicated to the public;
         15. The location, principal dimension, and names of all existing and recorded streets, alleys, and easements, both within the proposed subdivision and within 100 feet of the boundary thereof, showing whether recorded or claimed by usage;
         16. The location and dimensions to the nearest existing benchmark or monument, and section line;
         17. The location and principal dimensions of all watercourses, public utilities, and other features and existing structures on the land adjacent to the proposed subdivision, including railroads, power lines, and topography;
         18. The location of existing bridges, culverts, surface or subsurface drainage channels, utilities, buildings or other structures, pumping stations, or appurtenances, within the subdivision or within 200 feet thereof, and all known wells or springs, and location of any 100-year floodplain as delineated by the Federal Emergency Management Agency;
         19. Proposed off-site and on-site culinary and secondary water facilities, sanitary sewers, storm drainage facilities, and fire hydrants;
         20. A plan showing how the applicant proposes to handle stormwater drainage for an event with a ten-year return interval, as determined by the city engineer;
         21. A plan for providing street lighting in the subdivision;
         22. Plans showing any required landscaping and/or parkstrip tree planting;
         23. A soil erosion and sedimentation control plan prepared by a registered civil engineer, if the site requires substantial cutting, clearing, grading, or other earthmoving operations in the construction of improvements if required by the city engineer; and
      4. The following documents:
         1. Certification of the accuracy of the preliminary plat by the landowner (the owner's affidavit);
         2. Certification of the accuracy of the preliminary plat and any traverse to permanent survey monuments by a land surveyor registered to practice in the state;
         3. Copies of any agreements with adjacent property owners relevant to the proposed subdivision;
         4. If the preliminary plat does not directly connect to an existing public street, the application must provide:
            1. The approximate location of the connection points between the preliminary plat and the existing public street;
            2. The plan (existing contours and roadway width) to connect to an existing public street; and
            3. Written authorization from the adjoining landowners needed to connect to the public street that a public road is planned at the approximate locations in subsection (D)(2)(d)(4(A) of this section and will be built to city standards and dedicated to the city within the timeframe allowed in subsection (J) of this section;
         5. A geologic hazards, geotechnical, and/or soils report prepared by a qualified engineer based upon adequate test borings or excavations in accordance with city standards and specifications, if required by the city engineer;
         6. Evidence that all utilities and services will be available for the subdivision;
         7. A traffic report prepared by a qualified traffic engineer, if required by the city engineer;
         8. Evidence of compliance with other applicable federal, state and local laws and regulations, if requested by the community development director;
         9. If the planned development is proposed to be developed in phases, the preliminary site plan shall also show phase boundaries. Each phase shall be of such size, composition, and arrangement so that construction, marketing, and operation of each phase is feasible as a unit, independent of any subsequent phases; and
         10. A copy of proposed protective covenants, if subsurface drains or common open space are to be located within the subdivision.
   3. The community development director shall review the preliminary subdivision application for completeness. After an application is determined to be complete, the community development director shall:
      1. Distribute copies of the application to city department heads and any government departments or agencies deemed appropriate; and
      2. If a canal is located within the proposed subdivision, provide notice to the canal owner or associated canal operator and delay approval of the subdivision as provided in U.C.A. 1953, § 10-9a-603(2)(d) and (e).
   4. Upon receipt of a preliminary plat application, each department head shall:
      1. Review the application for compliance with applicable approval requirements for a preliminary plat which are administered by the department;
      2. Identify modifications needed to comply with preliminary plat requirements; and
      3. No later than 15 business days after a preliminary subdivision application is submitted, submit any comments and recommendations to the community development director.
   5. The community development director:
      1. Shall meet with department heads to review the preliminary plat application and any comments received from department heads, and other applicable departments or agencies;
      2. May meet with the applicant or applicant's agent to discuss and review the proposed application;
      3. Shall review the preliminary plat application for compliance with applicable approval requirements, including comments received from the department heads, other departments, or agencies;
      4. Shall prepare a staff report and recommendation that the preliminary plat be approved, approved with conditions, or disapproved based on compliance with approval requirements. The staff report shall include written findings and recommendations that show the basis for the community development director's recommendation; and
      5. No later than 15 business days after a preliminary subdivision application is submitted, shall provide the applicant with written comments.
   6. The planning commission shall schedule and hold a public hearing on the proposed preliminary plat. Notice of the public hearing and any public meeting shall be provided in accordance with HCC 10-5-5 and applicable state law. At the time and place specified, the planning commission shall hold the public hearing and review the preliminary plat for compliance with applicable approval requirements.
      1. Before approval or disapproval of the preliminary plat, the planning commission may reasonably require the applicant to provide additional information, data, or studies as may be needed to determine compliance with approval requirements, which shall be specific and include citations to all applicable city ordinances, standards, or specifications that require modifications to the plans, and shall be logged in an index of requested modifications or additions.
      2. Following the public hearing, the planning commission may approve, approve subject to conditions, or disapprove the preliminary plat based on written findings and recommendations regarding compliance with approval requirements.
5. Approval standards. All preliminary plat applications shall be reviewed for compliance with the submittal requirements set forth in this section and applicable provisions of this title, this Code, construction codes, and city standards and specifications.
6. Appeal. Any person adversely affected by a final decision of the planning commission regarding a preliminary plat may appeal that decision to the appeal authority as provided in HCC 10-5-24.
7. Effect of approval. Subject to the expiration provisions of subsection (J) of this section, approval of a preliminary plat shall authorize the applicant to submit an application for approval of a final plat.
   1. Approval of a preliminary plat may not be deemed approval of any other procedure or permit required by this title or this Code.
   2. A final plat application which is timely submitted shall be reviewed in accordance with the provisions of this title existing on the date when a complete preliminary plat application was submitted.
8. Amendment. The procedure for amending an approved preliminary plat shall be the same as for considering an original preliminary plat as set forth in this section.
9. Revocation. A preliminary plat approval may be revoked as provided in HCC 10-7-7(F).
10. Expiration. A preliminary plat shall be deemed withdrawn, and shall expire and have no further force or effect, if a final plat is not recorded within one year after approval of the preliminary plat. Upon written request by the applicant and for good cause shown, the planning commission may grant up to a one-year extension.

(Code 2023, § 10-5-15; Ord. No. 2017-54, 12-13-2017; Ord. No. 2024-02, exh. A(10-5-15), 1-24-2024; Ord. No. 2024-19, exh. A(10-5-15), 7-10-2024)

1. Purpose. An application for approval of a final plat may be submitted following preliminary plat approval. Approval of a final plat is required before a final plat may be recorded. The purpose of a final plat is to ensure the subdivision and related public improvements conform to the requirements of the approved preliminary plat for the subject property and applicable provisions of this title and other regulations before the plat is recorded in the office of the county recorder.
2. Authority. City staff are authorized to review and approve final plats as set forth in this section.
3. Initiation. An application for approval of a final plat may be submitted by the owner of property proposed to be subdivided as provided in this section. If applicable, an agent shall provide an affidavit of authorization.
4. Procedure. A final plat application shall be reviewed and processed as provided in this subsection and as required by applicable provisions of HCC 10-5-4, HCC 10-5-5, and HCC 10-5-6.
   1. An application for a final plat shall be submitted to the community development director in accordance with the provisions of this section along with any application fee established by the city's schedule of fees. A list of all items comprising a complete final subdivision land use application is published on the city's website.
   2. The city may not require more than four review cycles. The term "review cycle" means the occurrence of:
      1. The applicant's submittal of a complete subdivision land use application;
      2. The city's review of that subdivision land use application;
      3. The city's response to that subdivision land use application, in accordance with this section; and
      4. The applicant's reply to the city's response that addresses each of the city's required modifications or requests for additional information.
   3. A review cycle is not complete unless the applicant has responded to each request from the city. The applicant shall provide written explanation that is comprehensive and specific, including citations to standards and ordinances for the design and an index of requested revisions or additions for each required correction.
   4. If an applicant makes a material change to a plan, the city may restart the review process at the first review cycle with respect to the portion of the plans affected by the material change.
   5. The application shall include at least the following information:
      1. A complete set of construction drawings that conform to city standards and specifications, and the final engineering review checklist as posted on the city website;
      2. A proposed final plat that conforms to city standards and specifications and includes the following:
         1. The subdivision name, which shall be distinct from any previously approved or recorded plat;
         2. A north arrow, scale of the drawing, and the date;
         3. A correct metes and bounds description of all property included within the plat;
         4. The boundaries, courses, and dimensions of all property to be subdivided, including any property intended to be used as a street or for another public use, and whether any such area is reserved or proposed for dedication for a public purpose;
         5. Each lot address, the lot or unit reference, block or building reference, street or site address, street name and coordinate address, acreage or square footage of all parcels, units, or lots, and the dimensions of the blocks and lots intended for sale;
         6. Every existing and proposed right-of-way and easement, including those for underground facilities as defined in U.C.A. 1953, § 54-8a-2 and for any other utility facilities;
         7. True angles and distances to the nearest established street lines or official monument, which are accurately described on the plat and shown by appropriate symbols;
         8. Street right-of-way lines and centerline data, together with street widths, names, and coordinate number;
         9. The accurate location of all monuments, including all federal, state, county, or other official monuments;
         10. The dedication to the public of all streets and highways included in the proposed subdivision, except approved private streets;
         11. Accurate outlines and legal descriptions of any areas to be dedicated or reserved for public use, with the purposes indicated thereon, and of any area to be reserved by deed or covenant for common use by all property owners within the subdivision; and
         12. The parent parcel identification number, as shown on the records of the county recorder;
      3. The following certificates, acknowledgments, and descriptions shown on the title sheet of the plat:
         1. A correct metes and bounds description of all property included within the plat;
         2. The scale of the plat and number of sheets;
         3. A registered professional land surveyor's signed certificate of survey, together with a statement that the surveyor:
            1. Holds a license in accordance with U.C.A. 1953, § 58-22-101 et seq.;
            2. Has completed a survey of the property described on the plat in accordance with U.C.A. 1953, § 17-23-17;
            3. Has verified all measurements; and
            4. Has placed monuments as represented on the plat;
         4. The signature from all owners of record and the owner's certificate of dedication of all streets, roads, rights-of-way, or other lots or parcels intended for the use and benefit of the general public;
         5. Mortgagee or trustee signature and consent to record, if applicable;
         6. A notary public's acknowledgment of the signature of each mortgagee, if any, and property owner signing the plat;
         7. Signature block for approval by the owners and operators of underground and utility facilities;
         8. Signature block for approval by the county health department;
         9. Signature block for approval by the city attorney;
         10. Signature block for approval by the city engineer;
         11. Signature block for approval by the planning commission, as evidenced by the signature of the planning commission chair;
         12. Signature block for approval by the city, as evidenced by the signature of the planning director and attested by the city recorder; and
         13. A block for the county recorder in the lower right-hand corner of the drawing.
   6. After a final subdivision application is determined to be complete, the community development director shall distribute copies of the application to city department heads.
   7. Upon receipt of a final plat application, each department head shall:
      1. Review the application for compliance with applicable approval requirements for the final plat which are administered by the department; and
      2. Identify modifications needed to comply with final plat requirements, which shall be specific and include citations to all applicable city ordinances, standards, or specifications that require modifications to the plans, and shall be logged in an index of requested modifications or additions; and
      3. No later than 20 business days after the day on which an applicant submits a final subdivision plat application, submit any comments and recommendations to the community development director.
      4. Notwithstanding subsections (F)(2) and (7)(c) of this section, the review cycle limitation and timeline for the city to respond to an application do not apply to subdivision applications within geological hazard areas.
   8. The community development director:
      1. Shall meet, as needed, with department heads to review the final plat application and any comments received from department heads and other applicable departments or agencies;
      2. May meet with the applicant or applicant's agent to discuss and review the proposed application;
      3. Shall review the final plat application for compliance with applicable approval requirements, including comments received from the department heads, and other departments or agencies; and
      4. No later than 20 business days after the day on which an applicant submits a final subdivision plat application, shall review the final plat to determine whether the plat complies with applicable approval requirements. If the final plat is not acceptable, the community development director shall notify the applicant and specify the respects in which it is deficient. If the community development director determines the final plat complies with applicable approval requirements, the community development director shall advise the applicant to prepare a final plat for recording.
   9. If an applicant does not submit a revised plan within 20 business days after the city requires a modification or correction, the city shall have an additional 20 business days to respond to the plans.
   10. Following notice to the applicant from the community development director or designee, the final plat shall be prepared for recording as follows:
       1. The applicant shall submit to the community development department:
          1. Three hard copies and one electronic PDF copy of a finalized paper plat;
          2. Two complete sets of finalized construction drawings for public improvements and utility services;
          3. A title report prepared and dated not more than 30 days before the proposed recordation date of the final plat;
          4. Approval letters from utility companies verifying availability of utility services;
          5. Proposed deed restrictions or covenants, conditions, and restrictions; and
          6. A tax clearance evidencing that all taxes, interest, and penalties, if any, have been paid.
       2. Upon receipt of the applicant's submittal:
          1. City staff shall review the plat for compliance with the city's subdivision plat format requirements;
          2. The city engineer shall perform a final check of plat compliance with applicable approval requirements;
          3. The city engineer shall prepare a cost estimate of public improvements and utility services to be included in an improvement assurance and warranty agreement;
          4. The city attorney shall review the title report and any covenants, conditions, or restrictions for compliance with applicable approval requirements; and
          5. Upon completion of the foregoing, a meeting may be scheduled with the applicant to address any outstanding issues prior to preparation of a mylar copy of the plat.
       3. Following resolution of any outstanding issues, the applicant shall submit the following to the city recorder:
          1. A mylar copy of the final plat with signatures of all property owners, mortgagees, and lienholders;
          2. An executed improvement assurance and warranty agreement for any infrastructure improvements and warranty of all public infrastructure improvements;
          3. Payment of applicable city fees, including, but not limited to, impact fees;
          4. Evidence that outstanding professional service costs, if any, have been paid; and
          5. An electronic version of the final plat and construction drawings prepared in AutoCAD and pdf (or other digital format acceptable to the city).
       4. After the mylar copy of the final plat has been submitted, the city recorder shall:
          1. Internally route the final plat to obtain required city signatures;
          2. Internally route the improvement assurance and warranty agreement to the city attorney who shall verify the agreement for correctness and obtain necessary city signatures; and
          3. Advise the applicant when the final plat is ready to be recorded.
   11. After receiving notice from the city recorder, the applicant shall record the plat with the county recorder and shall thereafter provide written evidence of such recordation to the community development director.
5. Approval standards. All final plat applications shall be reviewed for compliance with the submittal requirements set forth in subsection (D)(2) of this section and applicable provisions of this title, this Code, construction codes, and city standards and specifications.
6. Appeal.
   1. Any person adversely affected by a final decision regarding a final plat may appeal that decision to the appeal authority as provided in HCC 10-5-24.
   2. If, on the fourth or final review, the city fails to respond within 20 business days, the city shall, upon request of the property owner, and within ten business days after the day on which the request is received:
      1. 
         
         1. For a dispute arising from the subdivision improvement plans, assemble an appeal panel in accordance with U.C.A. 1953, § 10-9a-508(5)(d) et seq., to review and approve or deny the final revised set of plans. Unless otherwise agreed by the applicant and the city, the panel shall consist of the following three experts:
            1. One licensed engineer, designated by the city;
            2. One licensed engineer, designated by the land use applicant; and
            3. One licensed engineer, agreed upon and designated by the two designated engineers as appointed in subsections (F)(2)(a)(1)(A) and (B) of this section.
         2. A member of the panel assembled by the city under this subsection (F)(2)(a) may not have an interest in the application that is the subject of the appeal.
         3. The applicant shall pay:
            1. 50 percent of the cost of the panel; and
            2. The city's published appeal fee; or
      2. For a dispute arising from the subdivision ordinance review, advise the applicant, in writing, of the deficiency in the application and of the right to appeal the determination to a designated appeal authority.
7. Effect of approval. Subject to the expiration provisions of subsection (J) of this section, approval of a final plat shall authorize the applicant to record the plat. Approval of a final plat may not be deemed approval of any other procedure or permit required by this title or this Code.
8. Amendment. A recorded final plat may be amended as provided in HCC 10-5-17.
9. Revocation. A recorded final plat approval may not be revoked.
10. Expiration. A final plat application shall be deemed withdrawn, and shall expire and have no further force or effect, if the plat is not recorded within 60 days after the city recorder notifies the applicant that the plat is ready to be recorded as provided in subsection (D)(7) of this section. An applicant's failure to record a plat within such time period renders the plat voidable.
11. Phasing. Phasing of a subdivision plat may not be permitted and all subdivision improvements shall be completed as one project as required by applicable approval requirements.

(Code 2023, § 10-5-16; Ord. No. 2017-54, 12-13-2017; Ord. No. 2018-40, 12-12-2018; Ord. No. 2024-02, exh. A(10-5-16), 1-24-2024)

1. Purpose. The purpose of this section is to set forth procedures and standards to amend or vacate some or all of a subdivision plat except as provided in HCC 10-5-18.
2. Authority. The planning commission is authorized to amend or vacate a plat except when such action is required to be taken by the city council as set forth in this section.
3. Initiation. An application to amend or vacate a plat may be submitted by the owner of property subject to the proposed plat amendment or vacation as provided in this section. An agent of a property owner shall provide an affidavit of authorization.
4. Procedure. A subdivision plat amendment or vacation application shall be reviewed and processed as provided in this subsection and as required by applicable provisions of HCC 10-5-4, HCC 10-5-5, and HCC 10-5-6.
   1. An application to amend or vacate a plat shall be submitted to the community development director in accordance with the provisions of this section along with any application fee established by the city's schedule of fees.
   2. The application shall include at least the following information:
      1. The name, address, and telephone number of the applicant and the applicant's agent, if any;
      2. The name and address of each owner of record of the land contained in the entire plat or in that portion of the plat described in the application;
      3. The signature of each owner identified in subsection (D)(2)(b) of this section who consents to the plat amendment or vacation;
      4. An amended plat that complies with the requirements for final plat as set forth in HCC 10-5-16 and applicable provisions of U.C.A. 1953, § 10-9a-603;
      5. If the petition proposes to vacate some or all of a public street, right-of-way, or easement (including public utility easements), the application shall also include:
         1. The name and address of each owner of record of land that is:
            1. Adjacent to the public street, right-of-way, or easement; or
            2. Accessed exclusively by or within 300 feet of the public street, right-of-way, or easement; and
         2. The signature of each owner under subsection (D)(2)(e)(1) of this section who consents to the vacation.
   3. No later than 15 business days after the city's receipt of a complete subdivision plat amendment application, the community development director shall determine the completeness of the application and distribute copies of the application to city department heads and any governmental departments or agencies deemed appropriate. Notwithstanding the foregoing, this timeline does not apply to subdivision plat amendment applications for which a legislative action is required under this title.
   4. Upon receipt of a final plat application, each department head shall:
      1. Review the application for compliance with applicable approval requirements for the amended or vacated plat which are administered by the department; and
      2. Identify modifications needed to comply with approval requirements; and
      3. No later than 15 business days after the city's receipt of a complete subdivision plat amendment application, submit any comments and recommendations to the community development director.
   5. The community development director:
      1. Shall meet, as needed, with department heads to review the amended or vacated plat application and any comments received from department heads and other applicable departments or agencies;
      2. May meet with the applicant or applicant's agent to discuss and review the application;
      3. Shall review the amended or vacated plat application for compliance with applicable approval requirements, including comments received from the department heads, and other departments or agencies; and
      4. No later than 15 business days after the city's receipt of a complete subdivision plat amendment application, shall prepare and send to the applicant a staff report and recommendation to the planning commission or city council, as the case may be, that the application be approved, approved with conditions, or disapproved based on compliance with approval requirements. The staff report shall include written findings and recommendations that show the basis for the community development director's recommendation.
   6. 
      
      1. A public hearing shall be held on the proposed plat amendment or vacation within 45 days after the day on which a complete application is filed if:
         1. Any owner within the plat notifies the community development director of the owner's objection in writing within ten days of notification; or
         2. A public hearing is required before the planning commission because all of the owners in the subdivision have not signed the revised plat; or
         3. A public hearing is required before the city council because the application includes a request to vacate some or all of a street, right-of-way, or easement.
      2. Notice of the public hearing and any public meeting shall be provided in accordance with HCC 10-5-5, U.C.A. 1953, §§ 10-9a-207 and 10-9a-208, and shall include notice to each affected entity that provides a service to an owner of record of the portion of the plat proposed to be vacated or amended.
      3. A public hearing is not required if:
         1. The subdivider seeks to:
            1. Join two or more of the subdivider's contiguous fee-owned lots;
            2. Subdivide one or more of the subdivider's fee-owned lots, if the subdivision will not result in a violation of any applicable approval requirement;
            3. Adjust the lot lines of adjoining lots if the fee owners of each of the adjoining lots join in the application, regardless of whether the lots are located in the same subdivision;
            4. On a lot owned by the subdivider, adjust an internal lot restriction imposed by the city; or
            5. Alter the plat in a manner that does not change existing boundaries or other attributes of lots within the subdivision that are not:
               1. Owned by the applicant; or
               2. Designated as a common area; and
         2. Notice has been given to adjacent property owners in accordance with applicable requirements of HCC 10-5-5.
   7. Following any required public hearing, the planning commission or city council, as the case may be, may approve, approve subject to conditions, or disapprove the application to amend or vacate the plat based upon written findings regarding compliance with applicable approval requirements set forth in subsection (E) of this section.
      1. Following approval of an amended plat, the applicant shall prepare a final plat for recording as set forth in HCC 10-5-16(D)(6).
      2. After receiving notice from the city recorder, the applicant shall record the plat with the county recorder and shall thereafter provide evidence of such recordation to the community development director.
5. Approval requirements.
   1. All applications for an amended or vacated plat shall be reviewed for compliance with the submittal requirements set forth in subsection (D)(2) of this section and applicable provisions of this title, this Code, construction codes, and city standards and specifications.
   2. The planning commission may approve the amendment or vacation of a plat that does not include the vacation of some or all of a public street, right-of-way, or easement by signing a plat showing the amendment or vacation, if the council finds:
      1. There is good cause for the vacation or amendment; and
      2. No public street, right-of-way, or easement has been vacated or amended.
   3. The city council may approve the amendment or vacation of a subdivision plat that includes the vacation of some or all of a public street, right-of-way, or easement, by adopting an ordinance approving the amendment or vacation and recording the ordinance in the county recorder's office, or by signing a plat showing the amendment or vacation, if the city council finds:
      1. Good cause exists for the amendment or vacation; and
      2. Neither the public interest nor any person will be materially injured by the amendment or vacation.
6. Modification. A lot designated as common or community area on a recorded subdivision plat may be modified in size, without approval of an amended subdivision plat, in accordance with applicable conditions and requirements set forth in U.C.A. 1953, § 10-9a-606.
7. Name change. The name of a recorded subdivision may be changed by recording an amended plat making that change as provided in this subsection.
   1. The surveyor preparing the amended plat shall certify that the surveyor:
      1. Holds a license in accordance with the Utah Professional Engineers and Professional Land Surveyors Licensing Act, as set forth in U.C.A. 1953, § 58-22-101 et seq.;
      2. Has completed a survey of the property described on the plat in accordance with U.C.A. 1953, § 17-23-17 and has verified all measurements; and
      3. Has placed monuments as represented on the plat.
   2. An owner of land may not submit for recording an amended plat that gives the subdivision described in the amended plat the same name as a subdivision in a plat already recorded in the county recorder's office.
   3. Except as provided in this subsection (G), the recording of a declaration or other document that purports to change the name of a recorded plat is void.
8. Correcting errors. Minor typographical or clerical errors in a subdivision plat may be corrected as provided in U.C.A. 1953, § 57-3-106(9).
9. Appeal. Any person adversely affected by a final decision regarding amendment or vacation of a subdivision plat may appeal that decision to the district court as provided in U.C.A. 1953, § 10-9a-801.
10. Effect of approval. Approval of an amended plat shall authorize recording of the plat subject to applicable requirements of this title.
    1. Approval of an amended plat may not be deemed approval of any other procedure or permit required by this title or this Code.
    2. An action of the city council vacating some or all of a public street, right-of-way, or easement that has been dedicated to public use operates to the extent to which it is vacated, upon the effective date of the recorded plat or vacating ordinance, as a revocation of the acceptance and relinquishment of the city's fee in the vacated street, right-of-way, or easement. Such relinquishment may not impair any right-of-way or easement of any lot owner or the franchise rights of any public utility.
11. Amendment. The procedure to further amend or vacate an approved amended or vacated plat shall be as set forth in this section.
12. Revocation. A recorded amended plat or ordinance of vacation may not be revoked.
13. Expiration. An amended plat shall be deemed withdrawn, and shall expire and have no further force or effect, if the plat is not recorded within 60 days after the city recorder notifies the applicant that the plat is ready to be recorded as provided in subsection (D)(7)(b) of this section. An applicant's failure to record a plat within such time period renders the plat voidable.
14. Extension of time. Notwithstanding subsection (M) of this section, an applicant may request an extension of time to record the amended plat as provided in HCC 10-5-4(M).

(Code 2023, § 10-5-17; Ord. No. 2017-54, 12-13-2017; Ord. No. 2024-02, exh. A(10-5-17), 1-24-2024)

1. Purpose. The purpose of this section is to set forth methods by which a property line may be adjusted other than by amending a plat as set forth in HCC 10-5-17. The intent of this section is to comply with applicable provisions of state law regarding lot line adjustments, parcel boundary adjustments, boundary line agreements, exchanges of title, and other similar property boundary line adjustments, as set forth in U.C.A. 1953, §§ 10-9a-103 and 57-1-45.
2. Authority.
   1. The community development director is authorized to review and approve property line adjustments as provided in subsection (D) of this section and as required by applicable provisions of HCC 10-5-4, HCC 10-5-5, and HCC 10-5-6.
   2. Property owners may, without city approval, adjust the property line of a lot or parcel as provided in subsections (E) through (H) of this section.
3. Initiation.
   1. An application for approval of an exchange of title may be submitted in accordance with subsection (D) of this section by the owners of property proposed to be adjusted, or the owner's agents. An agent of a property owner shall provide an affidavit of authorization.
   2. No application to the city is required to adjust the property line of a lot or parcel if such boundary line adjustment complies with applicable provisions set forth in subsection (E), (F), (G), or (H) of this section.
4. Exchange of title. Pursuant to U.C.A. 1953, § 10-9a-608, the owners of record of adjacent lots or parcels that are described by either a metes and bounds description or a recorded plat may exchange title to portions of those lots or parcels if the exchange is approved by the community development director in accordance with the provisions of this subsection.
   1. The exchange of title process set forth in this subsection (D) is required for any proposed boundary adjustment adjusting the lot line between:
      1. Two adjoining lots within the same subdivision;
      2. Two adjoining lots in adjacent subdivisions; or
      3. A lot within a subdivision and an adjoining parcel located outside such subdivision.
   2. The exchange of title process may be used, but is not required, for any proposed boundary adjustment adjusting the boundary line between two adjoining lots or parcels not located within a previously recorded subdivision plat.
   3. The property owners, or the owners' agents, shall submit an application for approval of an exchange of title to the community development director in accordance with the provisions of this subsection (D) along with any applicable fee established by the city's schedule of fees. The application shall include at least the following information:
      1. A survey, prepared by a licensed land surveyor or professional engineer, accurately drawn to scale and certified, showing:
         1. The affected lots or parcels;
         2. The location of existing buildings on the lots or parcels;
         3. The proposed location of new lot or parcel lines;
         4. Any driveways, utilities and infrastructure improvements existing on the lots or parcels;
         5. All easements of record, including public utility easements and private easements existing on the lots or parcels;
         6. Frontage calculations for the lots or parcels before and after the exchange of title;
         7. The size of the lots or parcels (by acreage and square footage) before and after the exchange of title; and
         8. The property identification numbers for the lots or parcels.
      2. The subdivision name, if any, where the lots or parcels are located.
   4. After an application is determined to be complete, the community development director shall review the application pursuant to the standards set forth in subsection (D)(5) of this section.
      1. No notice or hearing requirements are required for exchange of title applications and approvals.
      2. Any conditions of approval shall be limited to conditions needed to conform the exchange of title to applicable approval standards.
   5. An exchange of title shall be approved if the exchange:
      1. Complies with the provisions of this subsection; and
      2. Will not:
         1. Create a new parcel, lot, dwelling or housing unit, or remnant piece of land that did not previously exist; or
         2. Violate any provision of this title.
   6. If an exchange of title is approved by the community development director, a notice of approval acceptable to the city shall be recorded in the county recorder's office. A sample notice of approval may be obtained from the city. The notice of approval shall:
      1. Be executed by each owner of record included in the exchange and by the community development director;
      2. Contain an acknowledgment for each owner of record executing the notice as required by the Utah Recognition of Acknowledgments Act set forth in U.C.A. 1953, § 57-2a-1 et seq.; and
      3. Recite the legal descriptions of the original lots or parcels and the legal descriptions of the revised lots or parcels created by the exchange of title.
   7. A notice of approval recorded in accordance with this section does not act as a conveyance of title to real property. If an exchange of title is approved by the community development director, the property owners shall also record with the county recorder's office a document of conveyance reflecting the approved title exchange.
   8. Any person adversely affected by a decision of the community development director regarding an exchange of title may appeal that decision as provided in HCC 10-5-24.
   9. The procedures for amending an approved exchange of title shall be the same as for considering an original exchange of title as set forth in this subsection (D).
   10. An exchange of title undertaken as provided in this subsection (D) may not expire but may be superseded by a subsequent exchange of title or other property line adjustment.
5. Parcel boundary adjustments. The owners of record of adjacent parcels that are not located within a recorded subdivision plat may adjust their mutual boundary in accordance with the provisions of this subsection.
   1. Pursuant to U.C.A. 1953, § 10-9a-523, a parcel boundary adjustment is not subject to the review of the city if:
      1. No additional parcel is created; and
      2. Each adjusted property is unsubdivided land.
   2. The owners of record of adjacent parcels desiring to adjust their mutual boundary line may execute such adjustment by quitclaim deed or by a boundary line agreement as described in U.C.A. 1953, § 57-1-45.
      1. Any such deed or agreement shall be recorded in the county recorder's office.
      2. If desired, though not required, owners of record of adjacent parcels may also use the exchange of title process set forth in subsection (D) of this section to adjust their mutual parcel boundary line.
6. Disputed property line adjustments. When a boundary dispute exists between the owners of record of adjacent properties, the dispute may be resolved by recording a boundary line agreement between the property owners designating the boundary line between their properties in accordance with the provisions of this subsection.
   1. The disputed property line adjustment process set forth in this subsection (F) is permitted for any disputed boundary line between two adjacent properties.
   2. Pursuant to U.C.A. 1953, § 10-9a-524, resolution of a boundary line dispute by a boundary line agreement is not subject to city review if:
      1. No additional parcel, lot, dwelling or housing unit, or remnant is created; and
      2. The adjustment does not violate any provision of this title.
   3. The owners of record of adjacent properties with a boundary dispute may execute a boundary line agreement designating the agreed upon boundary line in accordance with the requirements of U.C.A. 1953, § 57-1-45.
      1. Any such agreement must be recorded in the county recorder's office.
      2. If desired, though not required, owners of record of adjacent properties with a boundary dispute may also use the exchange of title process set forth in subsection (D) of this section to adjust their mutual boundary line.
   4. If properly executed and acknowledged as required under U.C.A. 1953, § 57-1-45, an agreement between property owners designating the boundary line between their properties, when recorded in the county recorder's office, shall act as a quitclaim deed and convey all of each party's right, title, interest, and estate in property outside the agreed boundary line that had been the subject of the boundary dispute that led to the boundary line agreement.
7. Common area parcels on a plat. A lot or parcel designated as common or community area on a recorded subdivision plat may be modified in size or location as provided in U.C.A. 1953, § 10-9a-606.
8. Joinder of lots and parcels.
   1. A property owner of record may execute and record a document that:
      1. Revises the legal description of more than one contiguous unsubdivided parcel of property into one legal description encompassing all such parcels of property, if the joinder does not violate any provision of this title; or
      2. Joins a subdivided parcel of property to another parcel of property that has not been subdivided, if the joinder does not violate any provision of this title.
   2. The joinder of lots and parcels under subsection (H)(1)(a) of this section is not subject to city review or approval.
   3. This subsection (H) does not apply to combining lots within a subdivision or within adjacent subdivisions. Any joinder of subdivided lots shall require a plat amendment in accordance with HCC 10-5-17.
9. Violations. A property line adjustment that violates any provision of this title may result in enforcement action as provided in HCC chapter 10-7, including withholding of building or other permits, certificates, or other forms of authorization pertaining to land or improvements until the violation is corrected. This provision shall apply regardless of whether the original or current owner is responsible for the violation.
10. No effect on other land interests. A property line adjustment, including approval of an exchange of title, has no effect on any easement or other interest in land shown on a recorded plat or other recorded document. Such easements may be modified or vacated only in accordance with applicable law.

(Code 2023, § 10-5-18; Ord. No. 2017-54, 12-13-2017; Ord. No. 2024-02, exh. A(10-5-18), 1-24-2024)

1. Purpose. The purpose of this section is to set forth procedures and standards to approve a condominium plat whereby two or more condominium units, whether contained in existing or proposed residential, commercial, or industrial buildings or structures or otherwise, are separately offered or proposed to be offered for sale in accordance with the Utah Condominium Ownership Act as set forth in U.C.A. 1953, § 57-8-1 et seq.
   1. A condominium project shall be considered to be a subdivision and a condominium plat or supplement thereto shall be considered to be a subdivision plat as provided in U.C.A. 1953, § 57-8-35.
   2. No condominium project or condominium plat, declaration, or other material required for a condominium under this title or U.C.A. 1953, § 57-8-35 shall be recorded unless approved as provided in this section.
2. Authority. The planning commission is authorized to review and approve condominiums as set forth in this section.
3. Initiation. An application for a condominium may be submitted by the owner of property where the condominium will be located as provided in this section. An agent shall provide an affidavit of authorization.
4. Procedure. A condominium application shall be reviewed and processed as provided in this subsection and as required by applicable provisions of HCC 10-5-4, HCC 10-5-5, and HCC 10-5-6.
   1. An application for a condominium shall be submitted to the community development director along with any applicable fee established by the city's schedule of fees.
   2. The application shall include at least the following information:
      1. The name, address, and telephone number of the applicant and the applicant's agent, if any;
      2. A proposed condominium plat, drawn as required by city standards and specifications, which includes the information required by HCC 10-5-16 and U.C.A. 1953, § 57-8-13 regarding condominium plats, showing, on each sheet of the set, the name of the condominium, scale, sheet number, and north arrow;
      3. Proposed condominium declaration and bylaws; and
      4. An application for approval of a site plan as set forth in HCC 10-5-11, if not already approved for the project. The site plan shall be considered and processed as provided in HCC 10-5-11.
   3. After an application is determined to be complete, the community development director shall distribute copies of the application to city department heads and any government departments or agencies deemed appropriate.
   4. Upon receipt of a condominium application, each department head shall:
      1. Review the application for compliance with applicable approval requirements for a condominium which are administered by the department; and
      2. Identify modifications needed to comply with condominium requirements; and
      3. Submit any comments and recommendations to the community development director.
   5. The community development director:
      1. Shall meet with department heads to review the condominium application and any comments received from department heads and other applicable departments or agencies;
      2. May meet with the applicant or applicant's agent to discuss and review the proposed application;
      3. Shall review the condominium application for compliance with applicable approval requirements, including comments received from the department heads, other departments, or agencies; and
      4. Shall prepare a staff report and recommendation that the condominium be approved, approved with conditions, or disapproved based on compliance with approval requirements. The staff report shall include written findings and recommendations that show the basis for the community development director's recommendation.
   6. The planning commission shall schedule and hold a public hearing on the proposed condominium. Notice of the public hearing and any public meeting shall be provided in accordance with HCC 10-5-5 and applicable state law. At the time and place specified, the planning commission shall hold the public hearing and review the condominium for compliance with applicable approval requirements.
      1. Following the public hearing, the planning commission shall approve, approve subject to conditions, or disapprove the condominium based on written findings and recommendations regarding compliance with approval requirements.
      2. Before acting on a condominium application, the planning commission may reasonably require the applicant to provide additional information, data, or studies as may be needed to determine compliance with approval requirements.
5. Approval standards. All condominium applications shall be reviewed for compliance with the submittal requirements set forth in this section and applicable provisions of this title, this Code, construction codes, and city standards and specifications.
6. Appeal. Any person adversely affected by a final decision of the planning commission regarding a condominium may appeal that decision to the appeal authority as provided in HCC 10-5-24.
7. Effect of approval. Subject to the expiration provisions of subsection (J) of this section, approval or conditional approval of a condominium shall authorize the applicant to obtain final plat approval as provided in HCC 10-5-16. Such approval shall be required before the condominium plat or related condominium documents may be recorded.
   1. Approval of a condominium may not be deemed approval of any other procedure or permit required by this title or this Code.
   2. A final plat application for a condominium which is timely submitted shall be reviewed in accordance with the provisions of this title existing on the date when a complete condominium application was submitted.
8. Amendment. The procedure for amending an approved condominium shall be the same as for considering an original condominium as set forth in this section.
9. Revocation. A recorded condominium plat may not be revoked.
10. Expiration. A condominium shall be deemed withdrawn, and shall expire and have no further force or effect, if an application for final plat approval is not submitted within two years after approval of the condominium. An extension of the expiration date may be approved as provided in HCC 10-5-4(M).

(Code 2023, § 10-5-19; Ord. No. 2017-54, 12-13-2017; Ord. No. 2024-02, exh. A(10-5-19), 1-24-2024)

1. Purpose. This section sets forth procedures for determining the existence, expansion, or modification of a nonconforming use, noncomplying structure, nonconforming lot, or other nonconformity.
2. Authority. The planning commission is authorized to make determinations regarding the existence, expansion, or modification of a nonconforming use, noncomplying structure, nonconforming 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, noncomplying structure, nonconforming 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, noncomplying structure, nonconforming lot, or other nonconformity shall be considered and processed as provided in this subsection and as required by applicable provisions of HCC 10-5-4 and 10-5-5.
   1. An application shall be submitted to the community development director along with any applicable fee established by the city's schedule of fees.
   2. The application shall include at least the following information:
      1. The name, address, and telephone number of the applicant and the applicant's agent, if any;
      2. A description of the nonconforming use, noncomplying structure, nonconforming lot, or other nonconformity in question;
      3. A description of the action requested by the applicant; and
      4. A statement explaining the basis of the applicant's claim.
   3. After an application is determined to be complete, the community development director shall:
      1. Give public notice as required by HCC 10-5-5; and
      2. Prepare a staff report evaluating the application.
   4. The planning commission shall hold a public meeting on the application as provided in HCC 10-5-5 and the public notice. After the public meeting, the planning commission shall approve, approve with conditions, or deny the application pursuant to the standards set forth in subsection (E) of this section. Any conditions of approval shall be limited to conditions needed to conform the nonconformity, its expansion, or modification to approval standards.
   5. A record of all nonconformity determinations shall be maintained in the office of the community development director.
5. Standard for decision. A determination regarding the existence, expansion, or modification of a nonconforming use, noncomplying structure, nonconforming lot, or other nonconformity shall be based on applicable provisions of HCC chapter 10-6.
6. Appeal. Any person adversely affected by a final decision of the planning commission regarding the existence, expansion, or modification of a nonconforming use, noncomplying structure, nonconforming lot, or other nonconformity may appeal that decision to the appeal authority as provided in HCC 10-5-24.
7. Effect of decision. An applicant may continue, expand, or modify a nonconforming use, noncomplying structure, nonconforming lot, or other nonconformity as determined by the planning commission or, following an appeal, the appeal authority.
8. Expiration. Determinations regarding nonconformities shall not expire and shall run with the land.

(Code 2023, § 10-5-20; Ord. No. 2017-54, 12-13-2017)

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.
2. Authority. The appeal authority is authorized to hear and decide variances to the provisions of this title as provided in this section.
3. Initiation. Any person desiring a waiver or modification of the requirements of this title as applied to a lot that the person owns, leases, or in which the person holds some other beneficial interest may request a variance to the provisions of this title as provided in this section. An agent of a property owner or lessee shall provide an affidavit of authorization.
4. Procedure. A variance application shall be considered and processed as provided in this section and as required by applicable provisions of HCC 10-5-4 and 10-5-5.
   1. An application for a variance shall be submitted to the community development director along with any applicable fee established by the city's schedule of fees.
   2. The application shall include at least the following information:
      1. The name, address, and telephone number of the applicant and the applicant's agent, if any;
      2. The address and lot identification number of the subject property;
      3. The specific feature of the proposed use or development that requires 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 that result in unnecessary hardship;
      6. A statement of the amount of variation needed to allow the proposed use or development;
      7. An explanation of how the application satisfies the variance standards set forth in subsection (E) of this section;
      8. A plot plan showing the following:
         1. Applicant's name;
         2. Property 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. When the variance involves building height, a streetscape plan showing the height of all buildings within 150 feet of the subject property;
      10. 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; and
      11. When a variance involves retaining walls, a plan showing all retaining walls, including their height relative to proposed grades.
   3. After the application is determined to be complete, the community development director shall schedule a public meeting before the appeal authority.
   4. A staff report evaluating the application shall be prepared by the community development director.
   5. The appeal authority shall hold a public meeting and, after due consideration of the application, shall approve, approve with conditions, or deny the application pursuant to the standards set forth in subsection (E) of this section. Any conditions of approval shall be limited to conditions needed to conform the variance to approval standards.
5. Approval standards. The following standards shall apply to a variance:
   1. The appeal authority may grant a variance only if:
      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 zone;
      3. Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone;
      4. The variance will not substantially affect the general plan and will not be contrary to the public interest; and
      5. The spirit of this title is observed and substantial justice done.
   2. In determining whether or not enforcement of this title would cause unreasonable hardship under subsection (E)(1) of this section, the appeal authority may not find an unreasonable hardship unless the alleged hardship:
      1. Is located on or associated with the property for which the variance is sought; and
      2. Comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood.
   3. In determining whether or not enforcement of this title would cause unreasonable hardship under subsection (E)(1) of this section, the appeal authority may not find an unreasonable hardship if the hardship is self-imposed or economic.
   4. In determining whether or not there are special circumstances attached to the property under subsection (E)(1) of this section, the appeal authority may find that special circumstances exist only if the special circumstances:
      1. Relate to the hardship complained of; and
      2. Deprive the property of privileges granted to other properties in the same zone.
   5. The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met.
   6. The appeal authority may not grant a use variance.
   7. In granting a variance, the appeal authority may impose additional requirements on an applicant that will:
      1. Mitigate any harmful affects of the variance; or
      2. Serve the purpose of the standard or requirement that is waived or modified.
   8. A variance more restrictive than 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. Effect of approval. A variance shall not authorize the establishment of any land use, 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 this Code.
7. Amendment. The procedure for amending any variance decision shall be the same as the original procedure set forth in this section.
8. Expiration. Variances shall not expire and shall run with the land.

(Code 2023, § 10-5-21; Ord. No. 2017-54, 12-13-2017)

1. Purpose. This section sets forth procedures for determining zoning compliance of building permits, business licenses, and other applications which require such determination as a condition of approval. This section shall apply in addition to applicable requirements of city construction codes and this Code.
2. Authority. The community development director is authorized to review building permits, business licenses, and other applications for zoning compliance as provided in this section.
3. Initiation. An application for zoning compliance review shall be undertaken when the community development department receives a request from a city official regarding a building permit, business license, or other application which requires review for zoning compliance.
4. Procedure. Upon receipt of a zoning compliance review request, the community development director shall:
   1. Determine whether the application received complies with applicable requirements of this title; and
   2. Approve, approve with conditions, or deny the zoning compliance request pursuant to the standards set forth in subsection (E) of this section.
5. Approval standards. No building permit, business license, or other application shall be approved for zoning compliance unless the proposed building, structure, and land use authorized pursuant to the application will conform to applicable provisions of this title. Conditions on the approval may be imposed as necessary to achieve conformance with applicable code requirements.
6. Appeal. Any person adversely affected by a final decision of the community development director regarding zoning compliance decision may appeal that decision to the appeal authority as provided in HCC 10-5-24.
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, business license, or other permit as contained in this title and other applicable provisions of this Code.
8. Amendment. The procedure for amending any zoning compliance determination shall be the same as the original procedure set forth in this section.
9. Expiration. A zoning compliance determination shall not expire.

(Code 2023, § 10-5-22; Ord. No. 2017-54, 12-13-2017)

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 community development director 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 community development director 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 administrative interpretation application shall be considered and processed as provided in this section and as required by applicable provisions of HCC 10-5-4 and 10-5-5.
   1. An application for an administrative determination shall be submitted to the community development director along with any applicable fee established by the city's schedule of fees.
   2. The application shall include at least the following information:
      1. The name, address, 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 land 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 land use will conform to all use limitations established by the zone applicable to the property.
   3. After an application is determined to be complete, within 30 days the community development director shall review the application and make an interpretation in accordance with the standards set forth in subsection (E) of this section.
   4. A record of all administrative interpretations shall be maintained in the office of the community development director.
5. Standards for making administrative interpretations. The following standards shall apply to administrative interpretations:
   1. An administrative interpretation shall be consistent with:
      1. The plain language of applicable provisions of this title; and
      2. Any previously rendered interpretations based on similar facts, unless the community development director determines, based on findings of fact and conclusions of law, that a prior interpretation was rendered incorrectly or that applicable law has changed.
   2. An ambiguous provision of this title, as determined by the community development director, shall be interpreted to favor the applicant.
   3. Administrative interpretations shall not add to or change the provisions of this title.
   4. Questions about the location of zone boundaries shall be resolved by applying the standards set forth in HCC 10-8-4.
   5. A land use interpretation shall also be subject to the following standards:
      1. A use defined in HCC chapter 10-3 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 and is not substantially similar to a use that is not permitted.
      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.
      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 may appeal that decision to the appeal authority as provided in HCC 10-5-24.
7. Effect of approval. An administrative interpretation shall apply only to the property for which an interpretation is given.
   1. A land 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 land use interpretation finding a particular use to be a permitted or conditional use shall not authorize the establishment of such use or 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 this Code.

(Code 2023, § 10-5-23; Ord. No. 2017-54, 12-13-2017)

1. Purpose. This section sets forth procedures for appealing an administrative decision applying provisions of this title.
2. Authority. The appeal authority shall hear and decide appeals from administrative decisions applying the provisions of this title as provided in this section.
3. Exhaustion of administrative remedies.
   1. As a condition precedent to judicial review, each adversely affected person shall timely and specifically challenge an administrative decision in accordance with the provisions of this section.
   2. An adversely affected party shall not be required to pursue duplicate or successive appeals before the same or separate appeal authorities as a condition of the adversely affected party's duty to exhaust administrative remedies.
4. Initiation. An applicant, a board or officer of the city, or any person adversely affected by a decision made by a decision-making body or official administering or interpreting this title may, within ten calendar days after the decision, appeal the decision to the appeal authority by alleging there is error in any order, requirement, decision, or determination made by the decision-making body or official in the administration or interpretation of this title.
   1. Only a decision in which a decision-making body or official has applied a land use regulation to a particular land use application, person, or lot may be appealed to the appeal authority.
   2. An adversely affected party shall present to the appeal authority every theory of relief that it can raise in district court.
   3. A person may not appeal, and the appeal authority may not consider, any appeal regarding legislative action, including, but not limited to, any decision regarding a general plan application or a regulatory application. Administrative appeals may not be used to waive or modify the requirements of this title.
   4. An applicant who appeals a decision of a decision-making body or official administering or interpreting any provision regarding a geologic hazard may request the community development director to assemble a panel of qualified experts to serve as the appeal authority for purposes of determining the technical aspects of the appeal as provided in U.C.A. 1953, § 10-9a-703(2).
5. Procedure. An appeal of an administrative decision shall be considered and processed as provided in this section and as required by applicable provisions of HCC 10-5-4 and 10-5-5.
   1. An application for an appeal shall be submitted to the community development director along with any applicable fee established by the city's schedule of fees.
   2. The application shall include at least the following information:
      1. The name, address, and telephone number of the applicant and the applicant's agent, if any;
      2. The decision being appealed;
      3. A description of the action claimed by the applicant to be incorrect; and
      4. Grounds for the appeal.
   3. After an application is determined to be complete, the community development director shall schedule a public meeting before the appeal authority as provided in HCC 10-5-5. Prior to the meeting the community development director shall transmit to the appeal authority all material constituting the record of the action which is appealed.
   4. An appeal to the appeal authority shall not stay the action appealed from unless the appeal authority issues a stay after first:
      1. Receiving a request for a stay from the appellant or an aggrieved party; and
      2. Finding a stay is in the best interest of the city.
   5. The appeal authority shall review the record of decision and after due consideration may affirm, reverse, alter, or remand for further review and consideration the action which was appealed. The appeal authority may impose conditions of approval, but shall be limited to conditions needed to conform the matter appealed to applicable approval standards.
6. Standards for decision.
   1. The appellant shall have the burden of proving that the land use authority erred.
   2. The appeal authority shall:
      1. Determine the correctness of the decision-making body or official's interpretation and application of the plain meaning of land use regulations; and
      2. Interpret and apply a land use regulation to favor a land use application unless the land use regulation plainly restricts the land use application.
   3. The appeal authority shall determine the correctness of a decision of the decision-making body or official in its interpretation and applications of land use ordinances based solely on the record.
      1. Factual matters shall not be reviewed de novo.
      2. The appeal authority shall determine whether the record on appeal includes substantial evidence for each essential finding of fact.

(Code 2023, § 10-5-24; Ord. No. 2017-54, 12-13-2017)

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 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 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. Action taken pursuant to a procedure under this title shall be presumed to have been taken in good faith and there shall be no presumption that an error is prejudicial or that an injury occurred. The complainant shall have the burden of proving, by a preponderance of evidence, that an error was prejudicial or that an injury occurred.
3. Applicability. All procedures within this title shall be subject to this section.

(Code 2023, § 10-5-25; Ord. No. 2017-54, 12-13-2017)