A.   Relevant Applications: The following land use applications as required by this chapter shall be submitted and reviewed in three (3) steps:

      1.   Subdivisions;

      2.   Amendments to recorded subdivisions;

      3.   Site plans for all non-residential developments and for all multi-family developments where there are more than two (2) dwelling units within one structure; and

      4.   Planned unit developments.

   B.   Approval Process: The requirements associated with each step shall be reviewed by the Community Development Director and the Technical Review Committee before an application and recommendations are forwarded to, and considered by, the appropriate Land Use Authority. The necessity of submitting revised and additional information, documents, and/or drawings shall be determined by the Land Use Authority or by the Community Development Director with advice from the Technical Review Committee. The steps in the approval process are as follows:

      1.   Step 1: Determination of Complete Application and Pre-application Meeting. Pre-Application Meeting with the TRC is optional, and available upon request of applicant;

      2.   Step 2: Preliminary (Planning Commission review and determination; public hearing required); and

      3.   Step 3: Final (Technical Review Committee review and determination).

   C.   Application Review Process:

      1.   The Community Development Director shall review the application for completeness and compliance with applicable regulations. The Community and Economic Development Director or designee shall notify the applicant of the staff determination of approval or denial (for noncompliance) of the application review with applicable findings and comments.

      2.   When the Community Development Director determines, after review of the application, that one or more of the application requirements and procedural steps are not applicable to the project under consideration, such requirements may be waived in writing.

      3.   The applicant shall address identified items and resubmit the information to the Community Development Director.

      4.   When the Community Development Director determines the application is complete, the application shall be forwarded to the Technical Review Committee and to such other governmental departments and agencies for review for review and recommendation.

      5.   The Community and Economic Development Director or designee shall notify the applicant of the recommendation of the Technical Review Committee; approval or denial (for noncompliance) of the application and, where applicable, the need for other information that may assist the Technical Review Committee to make its recommendation to the Planning Commission.

      6.   Upon recommendation from the technical review committee that an application meets applicable standards of this title, the community and economic development director shall forward the application to the planning commission.

   D.   Preliminary Review Process:

      1.   When the community development director and the technical review committee determine the application is substantially complete, the application shall be forwarded to the planning commission with the technical review committee’s recommendation.

      2.   The planning commission shall review the application at a regularly scheduled public hearing. Notice of the meeting shall made available as per public noticing provisions provided in Appendix C: “Noticing Requirements” of Title 13.

      3.   After review of the application at a public meeting the planning commission shall:

         a.   Approve the application with or without conditions or requirements;

         b.   Continue the application for further investigation, or postpone action to allow the applicant an opportunity to provide materials or additional information needed by the planning commission to take appropriate action; or

         c.   Deny the application and include findings material to the denial.

      4.   The community development director shall notify the applicant in writing of the planning commission action.

      5.   The planning commission may grant a one-year extension of preliminary approval of an application for good cause if the request for an extension is received prior to that date which is one year from date of the initial approval. In approving an extension, the planning commission may review and modify or amend the original approval conditions and requirements, subject to the same notice and process requirements used for the original approval.

   E.   Final Review Process:

      1.   Within one year after receiving approval of the preliminary application or an extension of an approval of a preliminary application by the planning commission, the applicant shall submit an application for final approval by the appropriate land use authority.

      2.   The Community Development Director shall review the application for completeness and compliance with applicable regulations. The Community and Economic Development Director or designee shall notify the applicant of the staff determination of approval or denial (for noncompliance) of the application review with applicable findings and comments

      3.   The community development director will distribute copies of the application to the technical review committee for review and recommendation.

      4.   If the application and all supplementary data comply with the applicable requirements, standards and regulations, the TRC shall approve the application.

      5.   Within ten (10) working days of the commission decision, the community development director shall notify the applicant in writing of the TRC’s action.

      6.   The basis for rejection of a final application shall be any of the following:

         a.   Its nonconformance to adopted rules, regulations and ordinances currently in force and affecting the land and its development;

         b.   Its lack of conformance with the approved preliminary plan application; or

         c.   Technical inaccuracies or insufficiencies, and poor workmanship in preparation of the plans and documents.

      7.   The City Engineer may execute a development agreement and shall establish the kind and amount of financial security as required by this title necessary to guarantee completion of the required public improvements.

      8.   Final approval of an application by the TRC as the land use authority, shall not relieve the applicant from obtaining other authorizations, permits, or licenses required under this title or other title of this code.

(Ord. 2016-04, 4-14-2016; amd. Ord. 2017-20, 8-3-2017; Ord. 2021-18, 8-5-2021; Ord. 2024-01, 2-1-2024)

For development and review procedures see chapter 13.78 of this title. (Ord. 2012-15, 9-20-2012)

For development and review procedures see chapter 13.10 of this title. (Ord. 2012-15, 9-20-2012)

   A.   Purpose: This section sets forth the procedure for review and approval of a conditional use permit. A conditional use permit shall be required for any use which is a conditional use in this title.

   B.   Authority: The planning commission is authorized to approve conditional use permits as provided in this section. The planning commission may delegate to the community development director the authority to approve, modify, or deny a conditional use permit as provided in this section.

   C.   Initiation: A property owner, or the owner's agent, may apply for a conditional use permit. An agent of a property owner shall provide a notarized authorization.

   D.   Submittal: An application for a conditional use permit shall be submitted as provided in chapter 13.03 of this title. (Ord. 2012-15, 9-20-2012)

   E.   Noticing: The planning commission shall consider the conditional use application at a public hearing. The City shall provide notice as per public noticing provisions provided in Appendix C: "Noticing Requirements" of Title 13. (Ord. 2016-27, 11-3-2016)

   F.   Approval Standards: A conditional use shall be approved if reasonable conditions are proposed by the applicant, or can be imposed by the land use authority, to mitigate the potential detrimental effects of the proposed use in accordance with applicable standards set forth in this section.

      1.   A conditional use shall:

         a.   Be consistent with policies set forth in the city's general plan applicable to the site where the conditional use will be located.

         b.   Be allowed by the zone regulations where the conditional use will be located.

         c.   Be compatible with the character of the site, adjacent properties and uses, and existing development within the vicinity of the site where the use will be located.

         d.   Provide vehicular access to the site without materially degrading the existing level of service of the abutting streets.

         e.   Locate all driveways oriented to direct traffic to streets, major or local, without impacting the safety, purpose, and character of these streets.

         f.   Locate on site parking areas and structures, particularly those locations likely to encourage street side parking for the proposed use, in areas of the site that will not adversely impact the reasonable use of adjacent properties.

         g.   Accommodate peak traffic to the site without impairing the use and enjoyment of adjacent properties.

         h.   Provide an internal circulation system designed to mitigate adverse impacts on adjacent property from motorized, nonmotorized, and pedestrian traffic.

         i.   Restrict hours of operation of the proposed conditional use in relation to the hours of activity or operation of other nearby uses to mitigate noise, light, odor, or other nuisances that unreasonably impair the use and enjoyment of adjacent properties.

         j.   Demonstrate existing or proposed utility and public services will be adequate to support the proposed use at normal service levels and is designed in a manner to avoid adverse impacts on adjacent land uses, public services, and utility resources.

         k.   Install appropriate buffering, such as landscaping, setbacks, and building location, to protect adjacent land uses from light, noise, and visual impacts resulting from the proposed use. (Ord. 2015-02, 2-5-2015; amd. Ord. 2016-04, 4-14-2016)

      2.   A conditional use shall not:

         a.   Contribute to a detrimental concentration of existing nonconforming or conditional uses substantially similar to the use proposed within one-fourth (1/4) mile of the exterior boundary of the subject property;

         b.   Result in loss of privacy, objectionable views of large parking or storage areas; or views or sounds of loading and unloading areas; and

         c.   Encroach on or cause erosion of the bank of a river or stream, or direct runoff into a river or stream without approval by the appropriate stormwater authority.

      3.   The proposed conditional use and associated development shall comply with all other applicable provisions of this title and this code.

   G.   Conditions Of Approval: Such conditions shall:

      1.   Be expressly set forth in the conditional use permit;

      2.   Not be used as a means to authorize a use intended to be temporary only;

      3.   Substantially further a legitimate public purpose;

      4.   Not require the applicant to carry a disproportionate burden in furthering the public purpose of the condition; and

      5.   In the case of land dedications and other contributions of property, be reasonably related and roughly proportionate to the use of the property for which the conditional use is authorized.

   H.   Denial: If the anticipated detrimental effects of a proposed conditional use cannot be substantially mitigated by the proposal or by the imposition of reasonable conditions to achieve compliance with applicable standards, the conditional use permit shall be denied.

   I.   Appeal: A person adversely affected by a final decision of the planning commission regarding approval or denial of a conditional use permit may appeal the decision to the city council.

   J.   Effect Of Approval:

      1.   A conditional use permit shall not relieve an applicant from obtaining any other authorization, permit, or license required under this title or other title of this code.

      2.   A conditional use permit shall run with the land, unless otherwise specified in the approved conditional use permit, and is subject to the provisions relating to amendment, revocation, or expiration of a conditional use permit.

   K.   Inspection: Following approval of a conditional use permit, the community development director shall ensure that development is undertaken and completed in compliance with the permit.

   L.   Amendment: The procedure for amending an approved conditional use permit shall be the same as the original procedure set forth in this section.

   M.   Revocation: A conditional use permit may be revoked as provided in chapter 13.09 of this title.

   N.   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 (2) years after approval. A twelve (12) month extension may be approved by the land use authority subject to payment of an extension fee equal to the original filing fee. (Ord. 2012-15, 9-20-2012; amd. Ord. 2016-04, 4-14-2016; Ord. 2021-18, 8-5-2021)

For development and review procedures see chapter 13.71 of this title. (Ord. 2012-15, 9-20-2012)

For development and review procedures see chapter 13.45 of this title. (Ord. 2012-15, 9-20-2012)

For development and review procedures see chapter 13.72 of this title. (Ord. 2012-15, 9-20-2012)

   A.   Purpose: This section sets forth the procedure for review and approval of a site plan in all zones. Such procedure is intended to provide for orderly, harmonious, safe, environmentally sensitive and functionally efficient development consistent with the priorities, values, and guidelines found in various elements of the Holladay City general plan and this title.

   B.   Authority: The planning commission and community development director are authorized to approve site plans as provided in this section.

   C.   Initiation: A property owner may request approval of a site plan as provided in this section. An agent of a property owner shall provide a notarized authorization.

   D.   Procedure:

      1.   Site plan applications shall be reviewed in three (3) steps as per section 13.08.010 of this chapter.

      2.   Submission of an application for site plan review shall be as provided in chapter 13.03 of this title.

      3.   After 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.

      4.   Upon receipt of a recommendation from the technical review committee, the community development director shall forward the application to the planning commission for conceptual review and preliminary approval.

      5.   Following a public hearing as required by subsection 13.08.010C7 of this chapter, and pursuant to the standards set forth in subsection E of this section, the planning commission, shall:

         a.   Approve the site plan with or without additional requirements;

         b.   Continue its review of the site plan; or

         c.   Deny the application.

      6.   Unless otherwise designated by the planning commission, a decision approving a site plan shall be deemed preliminary approval of the application.

      7.   Except as specified in subsection 13.08.010D5 of this chapter, the community development director is authorized to grant final approval of a site plan application after all conditions and requirements of the preliminary approval which are necessary for final approval have been met. Final approval of a site plan application shall be in the form of a letter to the applicant which, together with an approved site plan, if required, shall constitute final approval.

      8.   After a final decision to approve, approve with requirements, or deny a site plan, the community development director shall give the applicant written notice of the decision within ten (10) days.

      9.   A record of each approved site plan shall be maintained in the community development department. (Ord. 2012-15, 9-20-2012)

   E.   Approval Standards: The planning commission shall approve a site plan only upon conformance with the requirements of this title as applicable to the zone in which the development occurs and the following standards relating to: (Ord. 2015-02, 2-5-2015)

      1.   Safety for persons and property:

         a.   Building elevations and grading plans designed to prevent or minimize floodwater damage, where property may be subject to flooding; (Ord. 2012-15, 9-20-2012)

         b.   Relocation, covering, or fencing of irrigation ditches, drainage channels, and other potential attractive nuisances existing on or abutting the property; (Ord. 2015-02, 2-5-2015)

         c.   Increased or decreased setback distances from lot lines where the planning commission determines it to be necessary to ensure public safety and to ensure compatibility with the intended characteristics of the properties in the area;

         d.   Limitations and control of the number, location, color, size, height, lighting, and landscaping of outdoor advertising signs and structures in relation to the creation of traffic hazards and appearance and harmony with adjacent development;

         e.   The location, arrangement, and dimensions of truck loading and unloading facilities;

         f.   Construction of curbs, gutters, drainage culverts, sidewalks, streets, fire hydrants, and street lighting, as well as, dedication of property within a future right of way as shown on the city of Holladay circulation map adopted as part of the Holladay city general plan;

         g.   Reduction of permitted street grades for winter and storm conditions, or exposure;

         h.   Proposed fence heights that will not create visual or other safety hazards, including backing movements, passing vehicles, sidewalk traffic, and small children; and

         i.   Mitigation measures designed to prevent graffiti;

      2.   Health and sanitation measures:

         a.   A guarantee of sufficient water to serve the intended land use and a water delivery system meeting standards adopted by the unified fire authority and city council;

         b.   A wastewater disposal system and a solid waste disposal system meeting standards adopted by the city and the Salt Lake Valley health department regulations; and

         c.   Construction of water mains, sewer mains, and drainage facilities serving the proposed use, in sizes necessary to protect existing utility users in the district and to provide for an orderly development of land in the city;

      3.   Environmental concerns:

         a.   Limitations and/or restrictions on the use and/or location of uses in sensitive areas due to soils capabilities, wildlife and plant life;

         b.   Processes for the control, elimination, or prevention of land, water, air or other natural resource pollution; the prevention of soil erosion; and the control of objectionable odors;

         c.   The planting of locally adapted ground cover or other surfacing to prevent dust and erosion;

         d.   Appropriate design, construction, and location of structures, buildings, and facilities with respect to existing environmental conditions such as geologic hazards, wetlands, groundwater, floodplains, fault zones, landslide areas, rockfall, or steep slopes;

      4.   Conformance with the goals, objective and policies of the general plan;

      5.   Removal of incompatible structures, debris, or plant materials;

      6.   Landscaping shall of highly water efficient design incorporating Localscapes® design criteria (as defined 13.040.040);

      7.   The location, height, and materials of walls, fences, hedges, and screen plantings to ensure harmony with abutting development;

      8.   Relocation of proposed or existing structures as necessary to provide for future streets as shown on the Holladay city circulation map, adequate sight distances for general safety, groundwater control, or similar problems;

      9.   Provision for, or construction of, recreational facilities necessary to satisfy needs of the proposed use;

      10.   Other improvements which serve the property and which may compensate for possible adverse impacts to the district from the proposed use;

      11.   Consideration of specific short and long range use of development to assure future timeliness, feasibility, and impact on the community;

      12.   Energy conservation concerns;

      13.   Dark sky protection (elimination of off site light source visibility and light trespass).

   F.   Appeal: A person adversely affected by a final decision of the planning commission regarding approval or denial of a site plan may appeal the decision to the city council.

   G.   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 a building or structure, external alterations thereto, or sign or advertising structure until the provisions of this section have been met. No structures or improvements may be constructed unless shown on an approved site plan.

      2.   Approval of a site plan shall not be deemed as approval of a conditional use permit or other permit. Approval of such permits shall be obtained in accordance with applicable provisions of this title and other applicable provisions of this code.

   H.   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:

         a.   The proposed amendment does not relate to a specific requirement of approval by the approving authority;

         b.   The amended site plan will conform to applicable requirements of this code;

         c.   The proposed alteration or expansion meets the approval standards of subsection E of this section;

         d.   The architecture of the proposed alteration or expansion, and landscaping, site design and parking layout are compatible with facilities existing on the site; and

         e.   The site can accommodate a change in the number of employees on the site or a change in impact on surrounding infrastructure.

      2.   If the community development director cannot make the findings required in the foregoing subsection, an amended site plan shall be approved by the planning commission before an alteration or expansion occurs.

      3.   Except as provided in subsection H1 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.

   I.   Expiration: A site plan approval issued pursuant to this section shall expire and have no further force or effect if the building, activity, construction, or occupancy authorized by the approval is not commenced within two (2) years of the date of the approval. A twelve (12) month extension may be approved by the land use authority subject to payment of an extension fee equal to the original filing fee. (Ord. 2012-15, 9-20-2012; amd. Ord. 2022-14, 6-16-2022)

   A.   Purpose: This section sets forth the procedure for considering and approving a temporary use permit including seasonal and temporary sales uses.

   B.   Authority: The community development director may issue a temporary use permit as provided in this section.

   C.   Initiation: A person may apply for a temporary use permit as provided in this section. An agent of such person shall provide an affidavit of authorization.

   D.   Procedure: An application for a temporary use permit shall be considered and processed as provided in this subsection.

      1.   Submission of an application for a temporary use permit shall be as provided in chapter 13.03 of this title. The application shall also show:

         a.   The requested temporary use;

         b.   The place, date, and hours of operation of the proposed use;

         c.   A statement of the approximate number of persons, animals, and/or vehicles which will participate in the event or be generated by the temporary use, and an explanation of how the number was derived, such as the number of presold tickets, available seating and/or parking, and past experience with similar activities;

         d.   The following maps, plans, and documents evidencing sufficient measures to be taken to reasonably protect the health, safety, and welfare of patrons and the public in general:

            (1)   A scale drawing of the area in which the use is to be conducted, showing the location of existing structures and improvements on the site of the proposed temporary use, such as, parking areas, curbs and outside storage areas; and

            (2)   Sufficient evidence to demonstrate that the temporary use will meet the requirements of this section; and

            (3)   Written approval from the property owner to locate on the site;

            (4)   Other information as reasonably requested by the community development director to determine the feasibility of the temporary use.

      2.   After 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.

      3.   Upon receipt of a recommendation from the technical review committee, the community development director shall act upon the temporary use permit application based upon the standards set forth in subsection E of this section. To determine the compatibility of uses, the community development director may call a public hearing before the planning commission.

      4.   A record of each temporary use permit shall be maintained in the community development department.

   E.   Approval Standards: The following standards shall apply to the issuance of a temporary use permit:

      1.   A temporary use shall conform to all recommendations received from the technical review committee.

      2.   No temporary use permit shall be issued unless the community development director finds the proposed temporary use:

         a.   Will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working within the vicinity, or injurious to property, improvements, or the public in general;

         b.   Will not substantially interrupt the safe and orderly movement of public transportation or other vehicular and pedestrian traffic in the area, nor block traffic lanes or hinder traffic during peak commuter hours on weekdays on a primary arterial street or principal commuter route designated by the city;

         c.   Will not conflict with construction or development in a public right of way or at public facilities;

         d.   Will not unduly interfere with the movement of police, fire, ambulance, or other emergency vehicles on the streets, nor require the diversion of so great a number of police, fire, or other essential public employees from their normal duties as to prevent reasonable police, fire, or other public services protection to the remainder of the city;

         e.   Will not conflict with nor be incompatible with the permitted uses and regulations of the zone where the temporary use will be located; and

         f.   Complies with sections 13.76.250 and 13.76.501 of this title, title 5 of this Code, business licensing requirements and other applicable provisions of this Code.

      3.   In issuing a temporary use permit, the Community Development Director may determine:

         a.   The length of time the permit may remain valid;

         b.   The hours of operation of the use; and

         c.   Other regulations necessary for the public welfare.

   F.   Appeal: A person adversely affected by a decision of the Community Development Director regarding approval or denial of a temporary use permit may appeal the decision to the Planning Commission.

   G.   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.

   H.   Amendment: The procedure for amending a temporary use permit shall be the same as the original procedure set forth in this section.

   I.   Expiration: A temporary use permit shall expire as provided in the permit. (Ord. 2012-15, 9-20-2012)

   A.   Purpose: This section sets forth the procedure for determining zoning compliance of a building permit application. This section applies, in addition to all applicable requirements of building codes and regulations adopted by the City.

   B.   Authority:

      1.   The Community Development Director, with a recommendation from the TRC, is authorized to review building permits for zoning compliance as provided in this section.

      2.   The building official is authorized to review and approve a building permit as provided in the building codes adopted by the City.

   C.   Initiation: A property owner or owner's authorized agent may apply for a building permit as provided in the building codes adopted by the City.

   D.   Submission: A complete building permit application and applicable zone worksheet shall be submitted to the Technical Review Committee in a form established by the Community Development Director along with a fee established by the City.

   E.   Zoning Compliance Approval Standard: No building permit shall be approved for zoning compliance unless the proposed building, structure, or use when built and the land on which it is located will conform to the provisions of this title and those conditions of approval required under a permit applicable to the subject property. (Ord. 2017-20, 8-3-2017)

   F.   Appeal: A person adversely affected by a decision of the Community Development Director regarding zoning compliance of a building permit may appeal such decision to the Administrative Appeals Board.

   G.   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 other requirements of the issuance of a building permit as contained in this title and other applicable provisions of this Code.

   H.   Amendment: The procedure for amending a building permit zoning compliance decision shall be the same as the original procedure set forth in this section.

   I.   Expiration: A building permit shall expire and have no further force or effect if the building, activity, construction or occupancy authorized by the approval is not commenced within the time period provided by the adopted Building Code. (Ord. 2012-15, 9-20-2012)

Procedures for application review and approval of condo conversions shall be pursuant to chapters 13.85 and 13.10 of this title. (Ord. 2012-15, 9-20-2012)

   A.   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.

   B.   Authority: The community development director is authorized to render interpretations of the provisions of this title, and a rule or regulation adopted pursuant thereto, as provided in this section.

   C.   Initiation: A person may request an administrative interpretation as provided in this section. An agent of such person shall provide a notarized authorization.

   D.   Procedure: An application for an administrative interpretation shall be considered and processed as provided in this subsection.

      1.   Submission of an application for an administrative interpretation shall be as provided in chapter 13.03 of this title.

      2.   After 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.

      3.   Upon receipt of a recommendation from the technical review committee, the community development director shall make the requested administrative interpretation based upon the standards set forth in subsection E of this section.

      4.   A record of each administrative interpretation shall be maintained in the community development department.

   E.   Administrative Interpretation Standards: The following standards shall apply to an administrative interpretation:

      1.   An administrative interpretation shall not add to or change the provisions of this title.

      2.   Questions about the location of zone boundaries shall be resolved by applying the standards set forth in chapter 13.11 of this title.

      3.   An administrative interpretation shall be consistent with:

         a.   The provisions of this title; and

         b.   A previously rendered interpretation based on similar facts.

   F.   Appeal: A person adversely affected by an administrative interpretation may appeal the interpretation to the planning commission.

   G.   Effect Of Approval: An applicant shall conform to the administrative interpretation as determined by the community development director, or on appeal, by the planning commission. (Ord. 2012-15, 9-20-2012)

   A.   Purpose: This section sets forth the procedure for considering and approving an application for a change of use.

   B.   Authority:

      1.   The community development director may approve a change of use upon making the following findings:

         a.   The requested change of use is either permitted by current zoning, or is substantially consistent with an established permitted use, conditional use or legally established nonconforming use on the site;

         b.   Existing uses on the site were permitted, or were granted a conditional use permit when the site plan was approved;

         c.   If required by the international building code, a certificate of compliance application has been approved by the city building official.

      2.   No change of use application shall be approved unless the proposed use will conform to the provisions of this title and those conditions of approval required under a permit applicable to the subject property.

   C.   Initiation: A person may apply for change of use as provided in this section. An agent of such person shall provide an affidavit of authorization.

   D.   Submission: A complete application and fee shall be submitted to the community development director.

   E.   Appeal: A person adversely affected by a decision of the community development director regarding a change of use may appeal such decision to the administrative appeals officer.

   F.   Effect Of Approval: Approval of a change of use by the community development director shall authorize an applicant to proceed with the building permit review process. The requirements of this section shall be in addition to other requirements of the issuance of a building permit as contained in this title and other applicable provisions of this code. (Ord. 2012-15, 9-20-2012)

   A.   Purpose: A special exception is an activity or use incidental to or in addition to the principal use(s) permitted in a zoning district or an adjustment to a fixed dimension standard permitted as exceptions to the requirements of this title of less potential impact than a conditional use but which requires a careful review of such factors as location, design, configuration and/or impacts to determine the desirability of authorizing its establishment on any given site. A special exception may or may not be appropriate in a particular location depending on the local impacts, and consideration of ways to minimize adverse impacts through special site planning and development techniques.

   B.   Authority: The planning commission may approve only the special exceptions authorized by this title in accordance with the procedures and standards set out in this chapter and other regulations applicable to the district in which the subject property is located.

   C.   Initiation: A property owner may apply for a special exception as provided in the provision of this title authorizing such special exception. An agent of a property owner shall provide an affidavit of authorization. (Ord. 2012-15, 9-20-2012)

   D.   Procedure:

      1.   An application for a special exception shall be submitted as provided in chapter 13.03 of this title.

      2.   After 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.

      3.   Upon receipt of a recommendation from the technical review committee, the community development director shall forward the application to the planning commission for review. (Ord. 2016-04, 4-14-2016)

      4.   Notice of the planning commission's first public hearing, shall be provided as per public noticing provisions provided in Appendix C: "Noticing Requirements" of Title 13. (Ord. 2016-27, 11-3-2016)

      5.   Following the public hearing, the planning commission shall:

         a.   Approve the application, with or without additional requirements;

         b.   Continue review of the application; or

         c.   Deny the application. (Ord. 2016-04, 4-14-2016)

   E.   Approval Standard: No application for a special exception shall be approved unless the planning commission shall determine that the proposed special exception is appropriate in the location proposed based upon its consideration of the general standards set forth below and, where applicable, the specific conditions for certain special exceptions as set forth in section 13.08.150 of this chapter.

      1.   The proposed use and development will be in harmony with the general and specific purposes for which this title was enacted and for which the regulations of the district were established.

      2.   The proposed use and development will not substantially diminish or impair the value of the property within the neighborhood in which it is located.

      3.   The proposed use and development will not have a material adverse effect upon the character of the area or the public health, safety and general welfare.

      4.   The proposed special exception will be constructed, arranged and operated so as to be compatible with the use and development of neighboring property in accordance with the applicable district regulations.

      5.   The proposed use and development will not result in the destruction, loss or damage of natural, scenic or historic features of significant importance.

      6.   The proposed use and development will not cause material air, water, soil or noise pollution or other types of pollution.

      7.   The proposed use and development complies with all additional standards imposed on it pursuant to section 13.08.150 of this chapter.

   F.   Additional Requirements: The Planning Commission may impose conditions and limitations as may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements in the vicinity of the special exception or upon public facilities and services. These conditions may include, but are not limited to, conditions concerning use, construction, operation, character, location, landscaping, screening and other matters relating to the purposes and objectives of this title. Such conditions shall be expressly set forth in the motion granting the special exception.

   G.   Extensions: No special exception shall be valid for a period longer than one year unless a building permit is issued or complete building plans have been submitted to the Division of Building Services and Licensing within that period.

      1.   The Planning Commission may grant an extension of a special exception for up to one additional year when the applicant is able to demonstrate no change in circumstance that would result in an unmitigated impact.

      2.   Extension requests must be submitted to the Planning Commission in writing prior to the expiration of the exception.

Violation of any such condition or limitation shall be a violation of this title and shall constitute grounds for revocation of the special exception.

   H.   Appeal: A person adversely affected by a decision of the Planning Commission regarding a land use permit approved under this section may appeal the decision to the City Council.

   I.   Effect Of Approval: Approval of a special exception shall authorize an applicant to proceed with the thing authorized by the exception.

   J.   Amendment: The procedure for amending a special exception issued pursuant to this section shall be the same as the original procedure set forth in this section.

   K.   Expiration: A special exception issued pursuant to this section shall expire and have no further force or effect if the exception authorized by the approval is not commenced within one year.

   L.   Revocation: Violation of any such requirement or limitation placed on the special exception by the Planning Commission approval shall be a violation of this title and shall constitute grounds for revocation of the special exception. The Planning Commission may revoke a special exception as per chapter 13.09 of this title. (Ord. 2012-15, 9-20-2012; Ord. 2021-18, 8-5-2021)

(Rep. by Ord. 2021-04, 3-4-2021)

For development and review procedures see chapter 13.50 of this title. (Ord. 2014-05, 4-17-2014)

   A.   Purpose: This section sets forth the procedure for other land use applications not included in this chapter.

   B.   Authority: The Community Development Director is authorized to approve those land use permits not included in this chapter as listed in appendix B of this title.

   C.   Initiation: A property owner may apply for a land use permit as provided in the provision of this title authorizing such permit. An agent of a property owner shall provide an affidavit of authorization.

   D.   Procedure:

      1.   A complete application for the land use permit shall be submitted along with the required fee to the Community Development Director.

      2.   The land use permit application shall be reviewed for compliance with applicable provisions of this title.

   E.   Approval Standard: No land use permit shall be approved unless the permit will conform to applicable provisions of this title and applicable conditions of approval.

   F.   Appeal: A person adversely affected by a decision of the Community Development Director regarding a land use permit approved under this section may appeal the decision to the Administrative Appeals Board.

   G.   Effect Of Approval: Approval of a land use permit shall authorize an applicant to proceed with the thing authorized by the permit.

   H.   Amendment: The procedure for amending a land use permit issued pursuant to this section shall be the same as the original procedure set forth in this section.

   I.   Expiration: A land use permit issued pursuant to this section shall expire and have no further force or effect if the thing authorized by the approval is not commenced within one year. (Ord. 2012-15, 9-20-2012; amd. Ord. 2014-05, 4-17-2014)