The purpose of this Chapter is to delineate the procedures, requirements and approval standards that apply to land use and zoning applications and approvals. Table 19.16.010 provides an illustrative summary of the administrative and legislative decision processes in Title 19. If there are any inconsistencies between this table and the other provisions of this Title, the other provisions of the Title govern.

TABLE 19.16.010: FOOTNOTES

¹When required, notices shall be mailed ten (10) days prior to the meeting to property owners within three hundred feet (300’) of the subject property’s boundary.
²Not required for exceptions approved by the Director.

The Director is the administrator of the Zoning Ordinance with power to review and make decisions on zoning ordinance interpretations. The authority and responsibility of the Director includes the following:

1. Review of Development Plans. The Director shall establish development plan review processes to ensure that proposed land uses and development plans comply with the provisions of this Ordinance and protect the public health, safety, and general welfare. At the discretion of the Director or designee, review of permit or license applications may be conducted without submittal of a land use application if compliance can be ascertained based on the permit or license application documents.
2. Interpretation of Permitted and Conditional Uses – Administrative Determination. The Director shall determine whether proposed uses of property are consistent with the permitted and conditional uses within each zone. The procedure to request the Director’s determination shall be as follows:
   1. Written Request. A written request for a determination shall be filed with the Director or designee, which shall include a detailed description of the proposed use and such other information as the Director may require.
   2. Investigation. The Director shall undertake such investigations as deemed necessary to compare the proposed use with those uses specifically listed in this Title, and to make a determination of the proper classification.
   3. Determination. Within thirty (30) days of the filing of a written request, the Director shall prepare a written determination, which shall be provided to the applicant. The determination shall state the zone classification in which the proposed use will be permitted as well as the basis for finding that such use is of the same character as uses allowed in that zone classification. The determination and all information related thereto shall become a permanent public record in the office of the Director.
   4. Effect. The use as specified in the determination of the Director shall thereafter become a permitted or conditional use in the class of zoning district specified in the determination and shall have the same status as a permitted or conditional use specifically named in the regulations for the zone classification.
   5. Appeal. The Director’s determination may be appealed to the Land Use Hearing Officer. Such appeal shall be filed in writing within ten (10) days after written notification to the applicant of the Director’s determination.

1. Applications. A property owner, or other person expressly authorized in writing by the property owner, may file for a land use permit. All land use applications for permitted or conditional uses shall be filed with the Director or designee. Applications shall contain:
   1. An application form provided by Planning and Development Services, which form may be via online submitting software.
   2. Property identification documents such as a legal description, plat map, and if applicable, site survey. This is not required for text amendments.
   3. Plans and other documents as necessary to evaluate the proposed application for compliance with applicable codes, including a site plan (see Subsection 19.16.030.B), building elevations, preliminary landscape and amenities plans, preliminary grading/drainage plan, and any other pertinent documents.
   4. Applications are subject to the completeness review process outlined in 19.16.030.D. An application is considered as having been accepted only when deemed a complete application and the applicable application fees have been paid.
2. Plans.
   1. Site Plan. A detailed site plan is required as part of all applications for land use or development approval, including conditional uses, permitted uses, variances, special exceptions, and building permits. The Director may specify the number of plans required and the medium (electronic, paper, etc.) in which site plans may be submitted. The site plan shall show:
      1. Scale;
      2. Direction of north point;
      3. Lot lines and adjacent streets, roads and rights-of-way;
      4. Location of all existing structures on subject property and adjoining properties, completely dimensioned, including utility lines, poles, etc;
      5. Location and building elevations of any proposed construction and improvements, including the location of all signs;
      6. Vehicle access, including circulation patterns and the location of individual parking stalls, curbs, gutters, and sidewalks;
      7. Any necessary explanatory notes, including calculations of lot coverage, parking ratios, gross floor area of buildings, easements, floodplains, topography, rights of way and other notes necessary to evaluate for compliance with all applicable land use requirements;
      8. Name, address and telephone number of builder and owner; and
      9. Any other information required by the Director or indicated on the application form.
   2. Building Elevations. Building elevations, when required, shall show:
      1. Note of scale used;
      2. Orientation of each elevation, including distance to nearest property line;
      3. Explanatory notes describing building, cladding and trim materials;
      4. Original and finished grade at all points along each elevation of the building;
      5. A building envelope that describes that maximum buildable height of all elevations as measured from original grade;
      6. Finished floor elevations of all levels of a building including, but not limited to, basements, garages, patios, and decks;
      7. Top of footing elevations at each corner of the building;
      8. Total height of building, as measured from original ground surface to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the highest point of pitched or hipped roofs, or gambrel roofs;
      9. Necessary explanatory notes to address any requirements particular to the zone in which the property is located; and
      10. All other information that may be required, as determined by the Director.
3. Preliminary Landscape Plan. Preliminary landscape plans, when required, shall show:
   1. Note of scale used, north arrow and preparation date;
   2. Project name and address;
   3. General landscape design intent statement including the general character and location of proposed landscaping and open areas;
   4. A legend showing all plant types and sizes, symbols, line types, hatching and abbreviations used in the plan set;
   5. Site boundary, property lines, and any construction phasing lines;
   6. All existing significant vegetation, including an indication of what is proposed to be removed;
   7. All existing and proposed structures;
   8. All proposed softscape and hardscape areas;
   9. A tabulation of the total project area, landscaped area, impervious areas, building coverage areas and building coverage percentage;
   10. Detailed landscape improvements with planting symbols clearly drawn to indicate each plant;
   11. The name and contact information of the landscape design professional who prepared the plan; and
   12. Other plans and documents as may be required in order to verify compliance with this Title or other applicable codes, ordinances, statutes and regulations.
4. Completeness Review.
   1. Upon receipt of an application request and associated documents, the Director or designee shall review the application to determine whether:
      1. Complete and accurate plans have been submitted;
      2. The application itself contains complete information regarding the property, applicant, proposed land use;
      3. All prerequisite conditions for the specific land use have been addressed; and
      4. The property owner or authorized agent has authorized the submittal of the application.
   2. If the application is determined to be incomplete, the Director or designee shall notify the applicant in writing within fourteen (14) days:
      1. That the application is incomplete; and
      2. The specific components of the application deemed insufficient.
   3. Upon notice being given, an application deemed incomplete shall be terminated after sixty (60) days if the necessary components to complete the application have not been submitted.
   4. If the application is determined to be complete, the Director or designee shall authorize the payment of the applicable application fees.
   5. At any time during the completeness review process outlined in this subsection, a pre-application meeting may be requested by the applicant or Director or designee to discuss the application, plans, and anticipated review process. In order to facilitate efficiency of review process, the Director or designee may invite representatives from other reviewing agencies as well as the applicant’s design professionals to the meeting.
5. Application Review. The application review process may include:
   1. The creation of a planning file for reference by the applicant, staff and the public;
   2. An on-site review by the Director or designee as allowed in Utah Code §10-9a-303;
   3. Review of the submitted site plan and elevations for compliance with the Ordinances in effect on the date that the applicant submitted a complete application;
   4. Referral of the application and site plans to those government agencies and affected entities authorized to protect the health, safety and welfare of the public and to ensure the project's compliance with this Ordinance and all other applicable ordinances and codes;
   5. Referral of the application for conditional uses to the appropriate decision-making body as set forth in Chapter 19.12; or
   6. An action letter informing the applicant as to whether the application has been approved, approved with conditions, denied, or tabled pending the submittal of additional information or amended plans.

1. Initiation.
   1. A property owner, or other person expressly authorized in writing by the property owner, may file for a conditional use permit for that property. In addition to the request for land use approval, a conditional use application may include a request for land development plan approval.
   2. The Planning Commission is the land use authority and shall take formal action on requests for conditional use permits. When a land development plan is submitted in conjunction with a conditional use application, the land development plan shall be included in the materials presented to the Planning Commission. In rendering an approval, conditions of approval may be imposed by the Planning Commission that necessitate changes to the land development plan.
   3. As administrator of this Ordinance, the Director is responsible for ensuring the land development plan not only complies with the applicable codes and ordinances, but also complies to the conditions of approval imposed by the Planning Commission. If, during the course of land development plan review, the Director finds changes are made to the site plan not in harmony with the conditions imposed by the Planning Commission, the Director may, at their discretion, refer the land development plan to the Planning Commission for review.
2. Land Use Approval.
   1. Approval Process.
      1. The Planning Commission shall consider applications for a conditional use permit in a public meeting and shall make a decision on the proposed conditional use, evaluating the application in accordance with the standards in Subsection D below.
      2. The Planning Commission shall take action in the form of approval, modified approval or denial on applications for conditional uses. Unless otherwise designated, a decision by the Planning Commission approving a conditional use application authorizes the Director to proceed with approval of the land development plan.
      3. The Planning Commission shall take action on a complete conditional use permit application within a reasonable time frame, not to exceed ninety (90) days from the date the application was first heard by the Planning Commission unless a further extension of time is requested by the applicant.
      4. Failure by the applicant to provide information that has been requested by the Planning Commission or the Director to resolve conflicts with the standards in Subsection C may result in an application being denied.
   2. The Director, under authority of the Planning Commission, shall grant final approval of conditional use permit applications after all of the conditions and requirements of the preliminary approval have been met. Applications with a land development plan element shall not receive final conditional use approval until the land development plan has been approved by the Director. As a condition of preliminary approval, the Planning Commission may require that final land development plan be brought before the Planning Commission for final approval.
      1. Final approval of a conditional use permit application is in the form of a letter to the applicant, which, together with the approved land development plan if required, constitutes the conditional use permit. Final approval shall not modify or invalidate any of the conditions or terms imposed by the Planning Commission.
3. Approval Standards. The Planning Commission shall review the site plan and other information submitted to evaluate the impacts of the proposed conditional use. The Planning Commission may impose conditions to mitigate the reasonably anticipated detrimental impacts of the proposed use. A conditional use permit shall be approved unless the imposition of conditions cannot mitigate reasonably anticipated detrimental effects in accordance with the following standards:
   1. The proposed site development plan complies with all applicable provisions of the zoning ordinance, including specific use standards, parking, building setbacks, and building height;
   2. The proposed use and site development plan complies with all other applicable laws and ordinances;
   3. The proposed use and site development plan does not present a serious traffic hazard or create anticipated traffic increases on the nearby road system which exceeds the amounts called for under the adopted transportation engineering standards;
   4. The proposed use and site development plan do not pose a serious threat to the safety of occupants or residents or properties in the vicinity by failure to adequately address the following issues: fire safety, geologic hazards, soil or slope conditions, liquefaction potential, site grading/topography, storm drainage/flood control, high ground water, environmental health hazards, or wetlands; and
   5. The proposed use and site development plan do not adversely impact properties in the vicinity of the site through lack of compatibility with adopted community general plan standards.
4. Rules for Approved Conditional Uses. The following general rules apply to all approved conditional uses:
   1. Approval of a conditional use authorizes only the particular use for which the conditional use is issued;
   2. No use authorized by a conditional use may be enlarged, extended or relocated, unless an application is made for approval of a new conditional use in accordance with the procedures set forth in this section; and
   3. Development of the property shall not commence until the applicant has secured all the permits and approvals required by municipal ordinances and any permits required by regional, state, and federal agencies.
5. Expiration and Extension of Time.
   1. A conditional use expires twelve (12) months from the date of final approval by the Director, unless a building permit is obtained within such period and substantial construction is started or the use is commenced within such period in compliance with all required conditions and this Ordinance.
   2. One twelve (12) month extension may be granted upon the payment of an additional filing fee equal to the original filing fee. Such extension shall be filed before the end of the initial twelve (12) month period.
6. Revocation of Conditional Use.
   1. The Planning Commission may revoke a conditional use permit upon a finding of failure to comply with the terms and conditions of the original approval or for any violation of this Ordinance or other applicable law.
   2. The Planning Commission shall hold a public hearing prior to taking action on revocation. Notice of the hearing and the grounds for consideration of revocation shall be mailed to the permittee and affected entities at least ten (10) days prior to the hearing.
7. Amendments to Conditional Uses. Applications may be submitted for amendments to previously approved conditional uses or to sites for which conditional uses have been approved. Applications for amendment will be reviewed and approved in harmony with the provisions of Subsection D above but shall be evaluated for the anticipated impacts that will result from the specific amendment being requested. Approval authority for conditional use amendments is as follows:
   1. Director Approval
      1. The Director has the authority to approve the following conditional use amendments:
         1. Changes of use from one conditional use to another, where no site modifications are proposed or required, and where no significant additional impact will result;
         2. Amendments to the site plan that do not involve changing the land use and that also meet the following criteria;
            1. The building footprint is not increased by more than twenty percent (20%);
            2. The site acreage is not increased;
            3. No dwelling units are being added; and
            4. No significant additional impact will result.
         3. Amendments to the conditions of approval imposed upon a conditional use that the Director previously approved if the proposed change in conditions is the result of a clear change in the circumstances of the property, and the change is in harmony with Subsection C above; and
         4. Approval of a use that is listed as a conditional use in the zone, but which is clearly accessory to another land use on the property, and no significant additional impact will result.
   2. Planning Commission Approval. The Planning Commission has the authority to approve:
      1. All other amendments to conditional uses, and
      2. Amendments that may meet the criteria for Director approval outlined above, but for which the Director determines the public interest is better served by referring the application to the Planning Commission.
8. Appeals. Appeals may be made to the Land use hearing officer within ten (10) days of the date of the decision of the Planning Commission or Director, as applicable.

1. An applicant may withdraw an application at any time prior to the final decision on the application, including any time during which the application has been tabled.
2. An applicant may request a refund of fees at the time the application is withdrawn. The Director shall consider the amount of work performed by Planning and Development Services staff on the application when determining whether or to what extent fees may be refunded. Fees associated with a public meeting or hearing shall not be refunded if the item has been heard at a public meeting or hearing.
3. A notice of withdrawal of an application and a request for refund of fees shall be in writing and submitted to the Director.

1. Any required improvements such as curb, gutter and sidewalk, fences, and public landscaping shall be satisfactorily installed prior to the municipality authorizing electrical service or, if no electrical service is required, prior to issuance of any occupancy permit.
2. In lieu of completing such improvements, the developer may file a performance guarantee as outlined in Chapter 18.16, in an amount sufficient to ensure completion of improvements within one year.
   1. Ten percent (10%) of a bond amount for public improvements shall extend for a one-year period beyond the date the improvements are completed to guarantee replacement of any defective public improvements.
   2. Ten percent (10%) of a bond amount for live plants shall extend for a one-year period beyond the date of planting of public landscaping to guarantee replacement of diseased or dead plants.
   3. Upon completion of the improvements for which a bond or escrow agreement has been filed, the developer may call for inspections of the improvements by the Director.
3. Whenever necessary in order to protect the health, safety and welfare of Kearns residents from traffic, flood, drainage or other hazards, the Mayor may require as part of bond approval that improvements be completed in a specified sequence and in less than one year. Such requirements shall be incorporated into the bond.
4. Bonds will be processed and released in accordance with the procedures set forth in Chapter 3.56 of the Municipal Code.
5. When the developer is a school district, municipality, service area, special-purpose district or other political subdivision of the State, the Mayor may waive the bond and accept in lieu thereof a letter from the governing body guaranteeing installation of the improvements. Before approving any such waiver, the Mayor shall receive a recommendation from the Director.

1. A permit of occupancy is required prior to the occupancy of any building hereafter erected, enlarged or structurally altered, or where any vacant land is hereafter proposed to be occupied or used for anything other than permitted agricultural uses.
2. The permit of occupancy shall be issued by the Chief Building Inspector and the Director if the use and/or building or premises conforms to the provisions of this Title and related ordinances.
3. A permit of occupancy shall also be required whenever the character or use of any building or land is proposed to be changed from one use to another use.
4. Upon written request from the owner, a permit of occupancy shall also be issued covering any lawful use of a building or premises existing on the effective date of this Ordinance, including nonconforming buildings and uses.

1. Initiation. A zoning text or map amendment may be initiated by the Council, the Planning Commission, the Director, a property owner(s) in the municipality, or a person authorized in writing by the property owner(s).
2. Authority. The Council shall take formal action on requests for zoning text or map amendments after receiving a recommendation from the Planning Commission.
3. Procedure
   1. Filing of Application.
      1. All zoning map or text amendment applications shall be filed with the Director or designee in accordance with the requirements of Chapter 19.16. The Director or designee shall forward the application to the Planning Commission for further review and recommendation no later than ninety (90) days from the date the application is deemed complete.
      2. Disapproval of an application to amend the zoning map shall preclude the filing of another application to amend the zoning map to reclassify the same parcel of property, or any portion thereof to the same zone classification, or if the application is for a commercial classification to the same or any other commercial classification, within one year of the date of the final disapproval of the application unless the Council finds that there has been a substantial change in the circumstances or sufficient new evidence since the disapproval of the application to merit consideration of a second application within the one-year time period.
   2. Notice. The Director or designee shall provide notice of proposed zoning text or map amendments in accordance with Utah Code §10-9a-205. An “adjacent property owner” under this section of State law is an owner of property located within three-hundred feet (300’) of land that is directly affected by the land use ordinance change.
   3. Action by Planning Commission.
      1. The Planning Commission shall consider a proposed zoning text or map amendment in a public hearing.
      2. After the close of the public hearing, the Planning Commission may evaluate the application against the applicable standards in Subsection D below and shall make a recommendation to the Council for approval, modified approval, or denial.
   4. Action by Council.
      1. The Council shall consider the application within forty-five (45) days of receiving a recommendation from the Planning Commission.
      2. After considering the recommendation of the Planning Commission at a public meeting, the Council may approve, deny, alter, or remand for further review and consideration any application.
4. Approval Standards. The Planning Commission recommendation and the Council decision on any zoning text or map amendment are matters of legislative discretion. In making a recommendation and decision, the Planning Commission and the Council, respectively, may consider one or more of the factors in Table 19.16.080.
5. Appeals. Any person adversely affected by a zoning amendment decision of the Council may appeal the decision to the 3rd District Court of Salt Lake County as provided for in Utah Code §10-9a-801.
   
   

   TABLE 19.16.080: GUIDELINES FOR CONSIDERING ZONING MAP & TEXT AMENDMENTS
   FACTORS	MAP AMENDMENTS	TEXT AMENDMENTS
   1. The proposed amendment is compatible with the Adopted General Plan.	X	X
   2. The proposed amendment promotes the public health, safety and welfare.	X	X
   3. The proposed amendment is a more suitable zoning classification for the property than the current classification.	X
   4. The proposed amendment is compatible with the intent and general purposes of this Ordinance.	X	X
   5. The proposed amendment corrects an error or omission, adds clarification to existing requirements, or reflects a change in policy.	X	X
   6. The proposed amendment benefits the citizens of the Municipality as a whole.	X	X
   7. The proposed amendment does not create a significant number of nonconformities.	X	X
   8. The proposed amendment is compatible with the trend of development, if any, in the general area of the property in question.	X