The purpose of this chapter is to establish procedures and standards for review and approval of land use and development applications that are legislative proceedings. These procedures are adopted to assure that all applications are processed on a uniform basis. (Ord. 2012-15, 9-20-2012)

   A.   Purpose: This section sets forth the procedure for amending the Holladay City general plan.

   B.   Authority: The city council may amend the general plan as provided in this section. Such amendment may include any matter within the scope of the general plan as provided in section 13.02.020 of this title.

   C.   Initiation:

      1.   A proposed amendment to the general plan may be initiated by the city council, the planning commission, the community development director, a property owner, or the property owner's authorized agent. An agent of a property owner shall provide an affidavit of authorization from the owner.

      2.   General plan amendment applications not initiated by the city will be considered by the planning commission no more than three (3) times annually at intervals of not less than four (4) months. The planning commission shall promptly consider any application to amend the general plan initiated by the city council, the planning commission, or community development director.

   D.   Submission Requirements: Submission for a general plan amendment shall be as provided in section 13.03.040 of this title. (Ord. 2012-15, 9-20-2012)

   E.   Noticing Requirements: A general plan amendment is a legislative proceeding and the city shall give notice of all public hearings and meetings regarding an application seeking amendment to the general plan.

      1.   Notice Of Intent To Consider A Comprehensive Amendment To The General Plan: as per public noticing provisions provided in Appendix C: "Noticing Requirements" of Title 13.

      2.   Content Of Notice Of Intent To Consider A Comprehensive Amendment To The General Plan: The notice to be provided under this subsection shall:

         a.   Include a written description of the proposed amendment;

         b.   Describe or provide a map of the geographic area that will be affected by the proposed amendment;

         c.   Invite the affected entities to provide information for the city to consider in the process of evaluating the application or proposed amendment concerning:

            (1)   Impacts that the use of land proposed in the general plan amendment may have; and

            (2)   Uses of land within the city that the affected entity is considering that may conflict with the proposed general plan or amendment; and

         d.   Include the address of the city's website, and the name and telephone number of a person from whom more information can be obtained concerning the proposed amendment to the plan.

      3.   Notice Of Public Hearings And Public Meetings On General Plan Amendments: as per public noticing provisions provided in Appendix C: "Noticing Requirements" of Title 13. (Ord. 2016-04, 4-14-2016)

   F.   Review Procedure:

      1.   When the application is determined to be complete, the community development director shall forward the application to the technical review committee for its review and recommendation.

      2.   Upon receipt of a recommendation from the technical review committee, the community development director shall forward the application to the planning commission for its review and recommendation.

         a.   The planning commission shall send notice and hold a public hearing on the proposed amendment.

         b.   After the public hearing, the planning commission may modify the proposed amendment and shall forward the proposed amendment with their recommendation to the city council.

      3.   Following receipt of the planning commission recommendation, the city council shall hold a public hearing on the proposed amendment.

      4.   The city council shall act on the application as provided in subsection G of this section.

   G.   Approval Standards: A decision to amend the general plan is a matter within the legislative discretion of the city council. The city council may:

      1.   Adopt the amendment as recommended by the planning commission;

      2.   Make any revisions to the proposed amendment that it considers appropriate;

      3.   Remand the proposed amendment back to the planning commission for further consideration; or

      4.   Reject the proposed amendment.

   H.   Appeal: Any person adversely affected by a final decision of the city council to amend the general plan may appeal that decision to the district court as provided in Utah Code Annotated section 10-9a-801 et seq., as amended.

   I.   Effect Of Approval: Approval of an application to amend the general plan shall not be deemed an approval of any zone, conditional use permit, site plan, or other land use permit. Approval of a particular zone or permit shall be obtained in accordance with applicable provisions of this title.

   J.   Effect Of Disapproval: Disapproval of an application, not initiated by the city, to amend the general plan shall preclude filing, for one year, another substantially similar application unless the planning commission finds a substantial change in circumstances has occurred or other significant reasons exist to merit consideration of a second application within the one year time period. This subsection shall not limit the city council, planning commission or authorized city staff from initiating a general plan amendment at any time. (Ord. 2012-15, 9-20-2012; amd. Ord. 2021-18, 8-5-2021)

   A.   Purpose: This section sets forth the procedure for amending the text of this title or the zoning map.

   B.   Authority: The city council may amend the number, shape, boundaries, or area of any zone, or any regulation within the zone, or any other provisions of this title. The provisions set forth in this section shall not apply to temporary land use regulation which may be enacted without public hearing in accordance with section 13.07.040 of this chapter.

   C.   Initiation: Proposed amendments to the text of this title and the zoning map may be initiated by the city council, the planning commission, the community development director, a property owner, or the property owner's authorized agent. An agent of a property owner shall provide an affidavit of authorization from the owner.

   D.   Submission Requirements: Submission for a text or zoning map amendment shall be as provided in section 13.03.040 of this title. (Ord. 2012-15, 9-20-2012)

   E.   Noticing Requirements For Text And Zoning Map Amendments: The city shall provide notice as per public noticing provisions provided in Appendix C: "Noticing Requirements" of Title 13.

   F.   Procedure:

      1.   After the application for a text or zoning map amendment is complete, the community development director shall forward the application to the technical review committee for its review and recommendation.

      2.   Upon receipt of a recommendation from the technical review committee, the community development director shall forward the application to the planning commission for its review and recommendation.

         a.   The planning commission shall hold a public hearing on the proposed amendment.

         b.   After the public hearing, the planning commission may modify the proposed amendment and shall thereafter forward the proposed amendment with a recommendation to the city council.

      3.   Following receipt of the planning commission recommendation, the city council shall hold a public hearing on the proposed zone map or text amendment. Each notice of a public hearing shall be provided as per public noticing provisions provided in Appendix C: "Noticing Requirements" of Title 13. (Ord. 2012-15, 9-20-2012; amd. Ord. 2021-18, 8-5-2021)

   A.   Authority: The city council may, without prior consideration of or recommendation from the planning commission, and without a public hearing, enact an ordinance establishing a temporary land use regulation for any part or all of the area within the city.

      1.   A temporary land use regulation may prohibit or regulate the erection, construction, reconstruction, or alteration of any building or structure or any subdivision approval.

      2.   A temporary land use regulation may not impose an impact fee or other financial requirement on building or development.

      3.   The duration of a temporary land use regulation shall not exceed six (6) months.

   B.   Environmental Impact Statement Or Major Investment Study Areas:

      1.   The city council may, without prior planning commission consideration or recommendation, and without a public hearing, enact an ordinance establishing a temporary land use regulation prohibiting construction, subdivision approval, and other development activities within an area that is the subject of an environmental impact statement or a major investment study examining the area as a proposed highway or transportation corridor.

      2.   A regulation under this subsection B may:

         a.   Not exceed six (6) months in duration; but

         b.   Be renewed, if requested by the Utah transportation commission created under Utah Code Annotated section 72-1-301, as amended, for up to two (2) additional six (6) month periods by ordinance enacted before the expiration of the previous temporary land use regulation.

      3.   Notwithstanding subsection B1 of this section, a temporary zoning regulation enacted pursuant to this subsection shall be effective only as long as the environmental impact statement or major investment study is in progress. (Ord. 2012-15, 9-20-2012)

   A.   Purpose: As a means of providing recognition and encouraging historic preservation, this section sets forth the procedure for historic site designation for a district, building, structure, object or property within the city.

   B.   Authority: The city council shall act as the Land Use Authority and may designate historic properties in the city to the “City of Holladay Historic Site Register” according to the provisions in chapter 13.86 of this title.

   C.   Initiation: Proposal for historic designation shall be made by a property owner, or the property owner's authorized agent. An agent of a property owner shall provide an affidavit of authorization from the owner.

   D.   Submission Requirements: Submission for Historic Site Register designation shall be as provided in section 13.03.020 of this title.

   E.    Noticing Requirements: The city shall provide mailed notice as per public noticing provisions provided in Appendix C: "Noticing" of this Title.

   F.    Criteria: Any district, building, structure, object or site listed by the National Register of Historic Places may be designated to the city's historic site register. Alternatively, any district building, object or site may be designated if the council finds it meets all the criteria outlined below:

      1.   It is located within the city.

      2.   It is at least fifty (50) years old.

      3.   Historic integrity:

         a.   It retains its historic integrity, in that there are no major alterations or additions that have obscured or destroyed the significant historic features. Major alterations that would destroy the historic integrity include, but are not limited to, changes in pitch of the main roof, enlargement or enclosure of windows on the principal facades, addition of upper stories or the removal of original upper stories, covering the exterior walls with non-historic materials, moving the resource from its original location to one that is dissimilar to the original, additions which significantly detract from or obscure the original form and appearance of the structure when viewed from the public way.

      4.   If the structure does not meet the integrity requirements outlined in subsection 3(a) of this section, it may still qualify for designation if it meets one of the following requirements for exceptional significance:

         a.   It is directly associated with events of historic significance in the community.

         b.   It is closely associated with the lives of persons who were of historic importance to the community.

         c.   It exhibits significant methods of construction or materials that were used within the historic period.

   G   Procedure:

      1.   After the application for a historic designation is submitted, the community and economic development director shall review for completeness, accuracy and compliance with the provisions set forth in this chapter and shall provide written recommendation to the city council.

      2.   Following receipt of the community and economic development director’s recommendation, the city council shall hold a public hearing on the proposed designation during a public meeting in accordance with noticing provision of 13.102.010 Appendix C.

      3.   The city shall notice the property owner in writing of the city council’s determination within one week of the decision.

   H.   Effect Of Approval: Approval of an application for historic designation shall not be deemed an approval of any zone, conditional use permit, site plan, or other land use or modification/construction permit. Approval of a particular zone or permit shall be obtained in accordance with applicable provisions of chapter 13.86 this title.

   J.   Property Owner(s) of officially designated historic sites may obtain a historic site certificate from the city containing the historic name of the property, the date of council designation, and signature of the mayor.

   K.   Appeal: Any person adversely affected by a final decision of a historic designation by the city council may appeal that decision to the district court as provided in Utah Code Annotated section 10-9a-801 et seq., as amended. (Ord. 2024-21, 11-21-2024)