The following provisions shall apply to any land use application required by this title.

   A.   Approval Required: No development activity shall be undertaken unless applicable approvals and permits have been obtained as provided in this title. Failure to obtain such approval may be enforced as provided in chapter 13.94 of this title.

   B.   Application Forms: A land use application shall be submitted on a form provided by the city along with all documents and information as required by chapter 13.03 of this title or other applicable chapter of this title.

   C.   City Initiated Applications: The planning commission or two (2) city council members 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.

   D.   Consideration Of A Land Use Application: No land use application shall be considered unless:

      1.   The application is complete, and

      2.   The requested approval is allowed by the zone where the subject property is located, or

      3.   The application is submitted simultaneously with a proposed zoning map amendment that would, if approved, allow the proposal.

   E.   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.

   F.   Fees: When an application is filed the applicant shall pay to the city any fee associated with such application as may be set by the city council. Any application not accompanied by a required fee shall be returned to the applicant as incomplete.

   G.   Review Of Application: The land use authority shall substantively review a complete application and shall approve or deny the application with reasonable diligence.

   H.   Expiration Of Application: If after review of a complete application, the applicant is required to respond with additional information necessary for consideration of the application by the land use authority but fails to respond within six (6) months, the application shall expire.

   I.   Withdrawal Of Application:

      1.   If an applicant fails to correct specified deficiencies within thirty (30) days after notification thereof the city may deem the application to be withdrawn. If the application is deemed withdrawn, the application and any associated fee shall be returned to the applicant upon request; provided, however, the city may deduct from the application fee the cost of determining completeness of the application.

      2.   Following submission of a complete application, an applicant may withdraw the application at any time prior to action on the application by a land use authority or appeal authority. Application fees shall not be refundable if prior to withdrawal:

         a.   Staff review of the application has been undertaken; or

         b.   Notice for a public hearing or meeting on the application has been mailed, posted, or published.

   J.   Decision Date: A decision by a land use authority or appeal authority shall be issued in writing and takes effect on the date of the written notice. The written notice constitutes a final decision for purposes of appeal. For any decision made by the community development director, the final decision date is the date specified on the property owner's notification letter in the application file.

   K.   Extension Of Time: Unless otherwise prohibited by this title, upon written request and for good cause shown, any land use authority or appeal authority 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. The total time granted by any such extension or extensions shall not exceed twice the length of the original time period or one year, whichever is less.

   L.   Procedural Irregularity:

      1.   An action conducted by a land use authority under provisions of this title which establishes a procedure for the conduct or approval of an application shall not be deemed invalid or set aside due to error caused by irregularity, neglect, or omission unless:

         a.   An examination of the record reveals that the procedural error complained of was prejudicial to a substantial right of the complainant;

         b.   That the decision would have been different had the error not occurred; and

         c.   Because of the error, the complainant suffered an injury for which relief must be granted.

      2.   The complainant shall have the burden of proof to show that an error is prejudicial or that an injury occurred.

   M.   Examination And Copying Of Application And Other Documents: Upon request, and during normal business hours, any person may examine an application and materials submitted in support of or in opposition to the application. Copies of such materials shall be made available at reasonable cost. (Ord. 2012-15, 9-20-2012)

   A.   Generally: To facilitate the processing of applications, the city requires the following:

      1.   Technical Review Committee (TRC) Review: Applications shall be submitted for TRC review at least one week prior to a regular TRC meeting, to allow for adequate investigations and staff review. Applications may require compliance with TRC review procedures as a prerequisite to formal receipt and action by the appropriate land use authority. Consideration of applications not received in a timely manner shall be delayed until the next TRC meeting.

      2.   Staff Review: Review by staff or the TRC is required prior to review by the approving land use authority and is not a substitute for such approval.

   B.   Review For Completeness: Within fifteen (15) days after receipt of all required fees and information for any specific step of the review procedure, the community development director and the technical review committee shall review the application for completeness and compliance with the general plan, provisions of this code, and other pertinent municipal regulations. When the community development director with a recommendation from the technical review committee determines that the application is ready for review by the approving land use authority, the application shall be scheduled for review at the next available public meeting of the appropriate land use authority. Incomplete applications shall not be scheduled for further review.

   C.   Submission Defined: Whenever applications to the planning commission for formal action are required by this code, "submission to the planning commission" is hereby defined as submission of such applications at a regularly scheduled public meeting of the planning commission.

   D.   As Built Construction Drawings: Submission of as built drawings shall be required prior to the issuance of an occupancy permit by the city of Holladay, or release of development agreement, including any private common facilities that may in the future be accepted for public maintenance. Submissions shall include as built drawings of all required public improvements once constructed. (Ord. 2012-15, 9-20-2012)

Any public hearing or public meeting required under this title shall be scheduled and held subject to the requirements of this section.

   A.   Scheduling Of Meetings: An application requiring a public hearing or meeting shall be scheduled within a reasonable time following receipt of a complete application. The amount of time between receipt of a complete application and holding a public hearing or meeting shall be considered in the 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.

   B.   Minutes And Recording: Written minutes and a recording shall be kept of all public hearings and meetings as provided in Utah Code Annotated section 52-4-203, as amended. Written minutes of an open meeting shall include:

      1.   The date, time, and place of the meeting;

      2.   The names of members present;

      3.   The substance of all matters proposed, discussed, or decided, and a record, by individual member, of the vote taken;

      4.   The names of the persons who provided testimony or comments to the public body, and the substance, in brief, of the testimony or comments provided; and

      5.   Any other information that is a record of the proceedings of the meeting or hearing that any member requests be entered in the minutes or recording.

   C.   Record Of Meeting: The minutes, tape recordings, all applications, exhibits, papers and reports submitted in any meeting before the decision making body or official, and the decision of the decision making body or official, shall constitute the record thereof. Written and approved minutes shall be the official record of action taken at a public meeting. The record shall be made available for public examination as provided in title 2 of this code. (Ord. 2012-15, 9-20-2012)

   A.   In General:

      1.   The city shall provide notice of any public hearing or meeting required for consideration of a land use application under this title. For purposes of this title, noticing requirements set forth herein shall not apply to applications for building permits.

      2.   The agenda of any public hearing or public meeting required for consideration of a land use application under this title shall be as per public noticing provisions provided in Appendix C: "Noticing Requirements" of Title 13.

   B.   Applicant Notice:

      1.   For a land use application, the city shall:

         a.   Notify the applicant of the date, time, and place of the public hearing or meeting to consider the application;

         b.   Provide to the applicant a copy of the staff report regarding the applicant or the pending application at least three (3) business days before the public hearing or meeting; and

         c.   Notify the applicant in writing of any final action on a pending application.

      2.   If the city fails to comply with the requirements of subsection Bla or Bib 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.

   C.   Third Party Notice: as per public noticing provisions provided in Appendix C: "Noticing Requirements" of Title 13.

   D.   Public Meetings: The city shall provide notice as per public noticing provisions provided in Appendix C: "Noticing Requirements" of Title 13.

   E.   Notice Challenge: If notice given under the authority of this section is not challenged within thirty (30) days after the meeting or action for which notice is given, the notice is considered adequate and proper. (Ord. 2016-04, 4-14-2016; amd. Ord. 2021-18, 8-5-2021)

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

   A.   Legislative Procedures:

      1.   Legislative land use decisions include the following:

         a.   General plan amendments;

         b.   Zoning map amendments;

         c.   Zoning text amendments;

         d.   Street vacations and modifications to public easements and rights of way;

         e.   Temporary land use regulations; and

         f.   Historic site designation.

      2.   Decisions regarding a legislative application shall be based on the "reasonably debatable" standard, as follows:

         a.   The land use authority shall determine what action, in its sole judgment, will reasonably promote the public interest, implement the general plan, conserve property value, avoid incompatible development, encourage appropriate land use and development, and promote the general public welfare.

         b.   In making such determination, a land use authority member may, among other things, consider:

            (1)   Staff reports;

            (2)   Testimony presented at a public hearing or meeting;

            (3)   Personal knowledge of conditions and activities bearing on the issue at hand; and

            (4)   The effect that a particular proposal may have on existing conditions and activities and upon orderly development of the city.

         c.   The land use authority shall state on the record the rationale for its decision.

   B.   Administrative Procedures:

      1.   Administrative land use decisions include the following:

         a.   Subdivisions, where the vacation or modification of a public street is not involved;

         b.   Permitted use site plan;

         c.   Conditional use permit;

         d.   Permitted use;

         e.   Temporary use permit;

         f.   Sign permit;

         g.   Building permit;

         h.   Special exception; and

         i.   Any land use application where a provision of this title is applied to a factually distinct, individual circumstance but which is not an appeal.

      2.   Decisions regarding an administrative land use application shall be based on the "substantial evidence" standard as follows:

         a.   Any administrative land use application for which substantial evidence in the record shows compliance with requirements applicable to the application shall be approved.

            (1)   "Substantial evidence" is that quantity and quality of relevant evidence adequate to convince a reasonable mind to support a conclusion.

            (2)   Modifications may be imposed to conform an application with applicable requirements of this title.

         b.   A decision under this subsection shall include at least the following elements:

            (1)   A statement of approval, approval with requirements, or disapproval, as the case may be; and

            (2)   A summary of evidence presented which forms the basis for the decision, including specific references to applicable standards set forth in this title, other provisions of this code, or other applicable law.

   C.   Quasi-Judicial Procedures:

      1.   Quasi-judicial land use decision include the following:

         a.   Administrative interpretation;

         b.   Nonconformity determination;

         c.   Variance;

         d.   Appeal of an administrative decision;

         e.   Permit revocation;

         f.   Zone boundary or map interpretation.

   D.   Fundamental Fairness: Consideration of any land use application shall be fundamentally fair, which for the purpose of this title means:

      1.   In any land use proceeding, notice is provided as required by this title and fair procedure is applied to the proceeding; and

      2.   In a legislative proceeding, a decision by the city council which advances a legitimate public purpose and could advance the public welfare. (Ord. 2012-15, 9-20-2012)

   A.   Pending Text Or Zoning Map Amendments:

      1.   An applicant is entitled to approval of an administrative land use application if the application conforms to the requirements of this code when a complete application is submitted and all fees have been paid, unless:

         a.   The land use authority, on the record, finds that a compelling, countervailing public interest would be jeopardized by approving the application; or

         b.   Before the application is submitted, the appropriate land use authority has forwarded a formal recommendation to the legislative body to amend the provisions of this title in a manner that would prohibit approval of the application as submitted. Formal initiation of an amendment means compliance with section 13.07.030 of this title.

      2.   If a text or zoning map amendment which may affect an application is pending prior to submission of an application, the applicant shall not be entitled to rely on existing provisions but may be required to comply with newly enacted provisions as set forth in this subsection.

      3.   The city shall process an application without regard to a pending amendment to this title if:

         a.   One hundred eighty (180) days have passed since the pending amendment was forwarded to the legislative body; and

         b.   Action of the legislative body has not resulted in an enactment that prohibits approval of the application as submitted.

   B.   Imposition Of Permit Requirements: The city may not impose on a holder of an issued land use permit or approved subdivision plat a requirement that is not expressed in:

      1.   The land use permit or subdivision plat, documents on which the land use permit or subdivision plat is based, or the written record evidencing approval of the land use permit or subdivision plat; or

      2.   This title or any other applicable city ordinance.

   C.   Certificates Of Occupancy: The city may not withhold issuance of a certificate of occupancy or acceptance of subdivision improvements because an applicant fails to comply with a requirement that is not expressed in:

      1.   The building permit or subdivision plat documents on which the building permit or subdivision plat is based, or the written record evidencing approval of the building permit or subdivision plat; or

      2.   This title or any other applicable city ordinance. (Ord. 2012-15, 9-20-2012)

The city may impose an exaction or exactions on development proposed in a land use application, if:

   A.   An essential link exists between a legitimate governmental interest and the exaction; and

   B.   The exaction is roughly proportionate, both in nature and extent, to the impact of the proposed development. (Ord. 2012-15, 9-20-2012)

   A.   Extent Of Vested Rights: Upon approval of a land use application under this title, vested rights accrue only to the extent of such approval.

   B.   Termination Of Vested Rights:

      1.   The continuing validity of an approved land use application is conditioned upon the applicant proceeding after approval to implement the approval with reasonable diligence.

      2.   An applicant who has obtained vested rights under this title shall proceed with reasonable diligence to exercise development rights authorized by an approved application. Failure to take substantial action on an approved application. If the applicant fails to take substantial action on an approved application prior to the expiration date of such approval, as set forth in this title, such vested rights shall be terminated.

   C.   Waiver Of Vested Rights: An applicant having vested rights shall continually conform to all conditions of an approved application. An applicant's failure to do so shall constitute the applicant's knowing and wilful waiver of the applicant's vested rights under the application. (Ord. 2012-15, 9-20-2012)