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Layton City City Zoning Code

19.03 Land

Use Application Requirements and Review Process

19.03.005 Applicable Applications

All land use applications including but not limited to annexation, rezone, preliminary plat, final plat, conditional use, site plan, boundary adjustment, conceptual plans, preliminary plan, final plan, general plan amendment, zoning map amendment, and ordinance amendment; shall follow the requirements and review process outlined herein.

HISTORY:

Ord. No. 24-03, Amended 1/18/2024

19.03.010 Pre-Application Requirements

  1. An applicant may request a pre-application meeting with the City’s Development Staff prior to the submittal of the application.
  2. If/when an applicant requests a pre-application meeting the City shall, within 15 business days after the request (excluding City observed holidays), schedule the meeting to review to concept plan and give initial feedback.

HISTORY:

Ord. No. 24-03, Amended 1/18/2024

19.03.020 Complete Application

  1. Upon an applicant filling out an application, City Development Staff shall check the application to verify all required documentation have been submitted and filled out correctly.
  2. If the application is missing required documents and/or is not filled out correctly staff shall notify the applicant within reasonable time period that the application is incomplete and has not been accepted for review.
  3. Staff shall provide the applicant with all required corrections to make a complete application submittal.
  4. The acceptance of an application for review does not mean that the application or the plans are compliance with code and/or development standards.
  5. Incomplete or partial applications shall not be accepted for review.
  6. If an application is accepted for review and later determined to be incomplete, the applicant shall be required to submit all documentation required for a complete submittal.
  7. All documents shall be submitted in a digital format, unless otherwise specified and/or as directed by the Development Staff, and/or as outlined in the application.
  8. Application and resubmittal fees:
  9. Fees shall be processed prior to the distribution and review of the application.
  10. Fees shall be based on each submittal/resubmittal as outlined in the consolidated fee schedule.
  11. A resubmittal shall include all documents requested by the Development Staff and all documents submitted by the applicant that are associated with the application.
  12. If an applicant does not address all staff comments in a resubmittal, the review cycle is not complete, which may result in multiple submittal fees per review cycle. Fees shall be based on the number of times an applicant resubmits their application for compliance as outlined in 19.03.050.

HISTORY:

Ord. No. 24-03, Amended 1/18/2024


19.03.030 Distribution of Application

  1. The Community and Economic Development Department shall forward a notice of application to the applicable reviewing departments/divisions which may include but not limited to:
  2. Engineer Division
  3. Fire Department
  4. Planning Division
  5. Parks and Recreation Department
  6. Legal Department

19.03.040 Review of Application

  1. No later than 15 business days for a preliminary plat application, 14 days for a boundary adjustment, and 20 business days for final plats and all other land use applications, (excluding City observed holidays), the Development Staff shall complete a review of the application. Review timeframes shall comply with the following criteria:
  2. Review timeframes shall start after the day on which an applicant submits a complete application or on which the application is deemed complete.
  3. Review timeframes shall not be applicable to applications for development within identified sensitive land areas, applications for an ordinance amendment, including applications for a PRUD overlay, or a general plan amendment.
  4. Upon completion of each review, each department/division shall provide the applicant with review comments and application status.
  5. The review comments shall list required corrections, including citations to the general plan, ordinances, standards, and/or specific requirements.
  6. Development staff may provide an addendum or correction to review comments for each submittal as long as it complies with the timeframes outlined in 19.03.040(1) and 19.03.050(1).
  7. Once an application has a status of approved, approved as corrected, recommendation of approval, or recommendation of approval with changes, from each department/division, the Community Development Department shall schedule the application to be reviewed by any required recommending body and subsequently the Land Use Authority.
  8. If Development Staff classify an application submittal as not approved or recommendation of denial the applicant may forgo changes or corrections and request the application be reviewed by any required recommending body and subsequently the Land Use Authority.
  9. If an applicant makes a material change to a plan set, the City has the discretion to restart the review process at the first review of the final application, but only with respect to the portion of the plan set that the material change substantively effects.


HISTORY:

Ord. No. 24-03, Amended 1/18/2024


19.03.050 Review of Resubmittal/Updates to an Application

  1. No later than 15 business days for a preliminary plat application resubmittal and 20 business days for final plats and all other land use applications resubmittal (excluding City observed holidays), the Development Staff shall complete a review of the application. Review timeframes shall comply with the following criteria:
  2. Review timeframes shall start after the day on which an applicant submits a complete application.
  3. Review timeframes shall not be applicable to applications for development within identified sensitive land areas, applications for an ordinance amendment, or a general plan amendment.
  4. Once an applicant submits or resubmits corrections for an application, additional documentation shall not be added to the submittal unless requested by the Development Staff.
  5. If the applicant wants to change and/or provide updated documents associated with the application process during a review cycle, the review cycle shall start over and the updated documentation will count as an additional submittal, which may result in additional application fees as outlined in the Layton City Fee Schedule. A full submittal shall comply with Layton City Municipal Code 19.03.020 and include all required documentation requested by the Development Staff.
  6. A change or correction requested by Development Staff shall comply with U.C.A §10-9a-604.2(5)(d).
  7. Resubmittals shall include all documents and plans requested for revisions by the Development Staff and any documents that have been amended by the applicant or new documents provided by the applicant.
  8. Resubmittals shall include the required corrections as outlined in the Development Staff comments and a written explanation in response to the City's review comments, identifying and explaining the applicant's revisions and reasons for declining to make revisions. The applicant's written explanation shall be comprehensive and specific, including citations to applicable standards and ordinances.
  9. If the applicant fails to address all review comments and/or does not submit all required changes and/or documents as outlined in the Development Staff review comments, the review cycle shall be classified as not complete.
  10. Resubmittals are accepted after each department/division has provided a review memo with the timeframe as outlined in 19.03.040.
  11. If the applicant for a single-family, two-family, and/or townhome subdivision does not provide a resubmittal that is compliant with criteria listed in this section within 20 business days (excluding City observed holidays) the Department Staff shall have 35 business days (excluding City observed holidays) to respond to the next resubmittal.
  12. Review Cycles:
  13. The City may not require more than four review cycles for a preliminary or final plat application that is for a single-family, two-family, and/or townhome subdivision.
  14. All other land use applications shall not be limited in the number of review cycles that occur, including but not limited to a rezone and/or conceptual plan for a PRUD subdivision.
  15. The review cycles and review timeframes outlined in this chapter shall not be applicable to developments within sensitive land areas.

HISTORY:

Ord. No. 24-03, Amended 1/18/2024


19.03.060 Application Expiration

All land-use applications shall expire one year from the date on which a complete application or complete resubmittal of an application is accepted by the City. A single extension of up to one year may be granted by the Community and Economic Development Director based on good cause shown.