Monroe City Zoning Code

In interpreting and applying this ordinance, the requirements contained herein are the minimum requirements for the purposes set forth in this ordinance and Utah State Code. The provisions of this ordinance shall be:

1. Deemed to neither limit nor repeal any other powers granted by other state or federal statues.
2. Applied and interpreted as follows, except where the context clearly requires otherwise:
3. The words "shall" and "must" are mandatory. The words "should" and "may" are permissive.
4. Words used or defined in one (1) tense or form shall include other tenses or derivative forms.
5. Words used in the singular shall include the plural; words used in the plural shall include the singular.
6. Words referencing gender shall extend and be applied to the other gender and shall be considered gender-neutral.
7. In the even of a conflict between the text of this ordinance and any maps, illustrations, captions, figures, or other material, the text of this ordinance shall apply and control.
8. The word "includes" shall not limit a term to the specified examples but is intended to provide guidance and to be illustrative only.
9. The word "and" indicates that all connected items, conditions, provisions, or events shall apply.
10. The word "or" indicates that one (1) or more of the connected items, conditions, provisions, or events shall apply.
11. The words "either-or" indicate that the connected terms, conditions, provisions, or events shall apply singly, but not in combination.
12. Any requirement or calculation that results in a fractional number shall be rounded up to the nearest whole number if the fraction is one-half or more and rounded down to the nearest whole number if the fraction is less than one-half, provided that any requirement to meet a minimum number, size, measurement, or other minimum standards shall not be avoided by rounding but shall be rounded in such a way that the requirement is met or exceeded.

HISTORY:

Ord. 3-1-2024, 4/9/2024

1. Purpose And Authority. To promote day-to-day efficiencies in the administration and implementation of this ordinance, and where ambiguity, conflicting provisions or confusion may exist in any provision or requirement of this ordinance, this section is provided to allow and authorize the Zoning Administrator to render or make interpretations of this ordinance, as needed, guided by the purposes set forth and applied to a specific circumstance.
2. Initiation And Procedure. Any person may request an administrative interpretation of any text or provision of this ordinance by request. Such request(s) shall be submitted in writing to the Zoning Administrator along with any applicable fees as outlined in the City's fee schedule. The Zoning Administrator shall review said request and provide a written interpretation to the requestor within ten (10) business days.
3. Appeals. Any party aggrieved by the interpretation of the Zoning Administrator may file an appeal as outlined in Chapter 4 of this title.

HISTORY:

Ord. 3-1-2024, 4/9/2024

The following chart designates the Land Use Authority for land use approvals within the City.

Note:  Pursuant to §10-9a of Utah State Code (as amended), the Land Use Authority shall apply the plain language of land use regulations.  If a land use regulation does not plainly restrict a land use application, the Land Use Authority shall interpret and apply the land use regulation to favor the land use application.  A decision of a Land Use Authority shall be considered an administrative act, even if the Land Use Authority is the City Council.

HISTORY:

Ord. 3-1-2024, 4/9/2024, 4/28/2026

The Land Use Authority shall review and approve submitted applications for land use and development as provided in this title.  The following general requirements shall apply to an application required by this title.

1. Application Forms.  Submitted applications shall be on forms provided by the Zoning Administrator, and with the required documentation outlined on such application in quantities as reasonably required by the Zoning Administrator for each particular type of land use application.  Applicants shall submit all applications to the Zoning Administrator for review to ensure compliance with the requirements as outlined in this title.
2. City Initiated Applications.  The Zoning Administrator, Planning Commission, or City Council may initiate any action under this title without an application.  Notice, hearing, and other procedural requirements of this title shall apply to an application initiated by the City.
3. Accurate Information.  All applications, accompanying documents, plans, reports, studies and information provided to the City by an application in accordance with the requirements of this title shall be accurate and complete.
4. Determination Of Complete Application.  After receipt of an application, the Zoning Administrator shall determine whether the application is complete.  If the application is not complete, the Zoning Administrator shall notify the applicant in writing and identify the deficiencies by specifying the required information, and shall advise the applicant that the City will take no further action on the request until the submission of a complete application.
5. Fees.  The applicant shall pay the City fees as outlined in the City’s fee schedule as adopted and amended from time to time by the City Council upon the filing of an application.  Application fees shall be in amounts reasonably determined to defray actual costs incurred by the City to review applications and their accompanying documents including plans and specifications, act upon application, and conduct subsequent inspections to ensure compliance with City regulations.  The Zoning Administrator shall return any application as incomplete if the application has not been submitted with the required fee.  Fees shall be non-refundable, except as provided in this section.  Applications initiated by the City shall not require fees.
6. Remedy Of Deficiencies.  If an applicant fails to correct specified deficiencies within thirty (30) days after notification thereof, the City may deem an application withdrawn and shall return it to the applicant upon request.  The City shall refund application fees to the applicant, less any fee established to cover the cost of determining completeness of the application.
7. Substantial Action Required.  If any applicant has not taken substantial action to obtain approval within six (6) months after filing an application, the application shall expire and any vested rights accrued thereunder shall terminate.
8. Validity.  The continuing validity of an approval of a land use application is conditioned upon the applicant proceeding after approval to implement the approval with reasonable diligence.
9. Extensions Of Time.  Unless otherwise prohibited or outlined in this title, upon written request and for good cause shown, the Land Use Authority may without any notice or hearing, grant extension of any time limit imposed by this title on such application, its approval, or the applicant, provided the Zoning Administrator receives such as request or initiates an extension prior to the date of expiration.  The total period of time granted by any such extension or extensions shall not exceed half the length of time of the original time period.

HISTORY:

Ord. 3-1-2024, 4/9/2024

1. Purpose.  The City has previously adopted a General Plan.  For purposes of this section, general plan amendments shall include the addition of new elements to the General Plan as well as any comprehensive revisions to or adoption of the same.
2. Authority.  The City may from time to time amend the General Plan as provided in this section.  Such amendments may include any matter within the scope of the General Plan or as required in §10-9a-4 of Utah State Code (as amended).  
3. Initiation.  Anyone may propose amendments to the General Plan as provided in this section.
4. Procedure.  The City shall process and consider General Plan amendments as provided in this section.
5. Application.  Anyone proposing an amendment to the General Plan shall do the survey and analysis work necessary to justify the proposed amendment.  An application shall be submitted to the Zoning Administrator along with the fee as outlined in the City’s fee schedule.  The application shall include:
6. For map amendments:
7. One (1) 8 1/2 “ x 11” map showing the area of the proposed amendment;
8. Current copy of the County Assessor’s parcel map showing the area of the proposed amendment;
9. Mapped inventory of existing land uses within the area of the proposed amendment and extending one-half (½) mile beyond such area;
10. Correct property addresses of parcels included within the area of the proposed amendment;
11. Written statement specifying the potential use of property(ies) within the area of the proposed amendment;
12. Written statement explaining why the existing general plan designation for the area is no longer appropriate, desirable, or feasible; and
13. Analysis of potential impacts of the proposed amendments on existing infrastructure and public services such as traffic, streets, intersections, water and sewer, storm drains, electrical power, fire protection, garbage collection, and such other matters as the City may require.
14. For text amendments:
15. Written statement showing the desired language change and explaining why the existing general plan language is no longer appropriate, desirable, or feasible;
16. Analysis of potential impacts of the proposed amendment; and
17. Map showing affected geographic areas based on the proposed text changes.
18. Determination Of Complete Application.  After the Zoning Administrator or designee determines the completeness of an application, or prior to a City initiated general plan amendment, the City shall provide a Class A notice of the intent to prepare a general plan or comprehensive general plan amendment in accordance with the provisions as outlined in §10-9a-203 and §10-9a-204 of Utah State Code (as amended).  After providing the required notice, the Zoning Administrator shall transmit the application to the Planning Commission for review.
19. Planning Commission Hearing.  The Planning Commission shall hold a public hearing on the proposed amendment in accordance with §10-9a-404 of Utah State Code (as amended) and shall recommend approval, approval with modifications, or denial of the proposed amendment to the City Council.
20. City Council Adoption.  The City Council shall review the proposed General Plan amendment, and the recommendation of the Planning Commission.  The City Council may either approve, approve with modifications, or reject the proposed amendment.  The City Council may also table the matter for further information or future consideration or action.
21. Appeals.  Any person adversely affected by the final decision of the City Council to amend the General Plan may appeal that decision to the District Court as provided in §10-9a-801 of Utah State Code (as amended).
22. Effect Of Approval.  No person shall deem approval of an application to amend the General Plan as an approval of any zone, conditional use, site plan, or other permit.  Obtaining approval of a particular zone or permit shall be in accordance with the applicable provisions of this title.
23. Effect Of Disapproval.  The City Council’s denial of an application to amend the General Plan shall preclude another person from filing another application covering substantially the same subject or property, or any portion there, for six (6) months from the date of the disapproval.  This section shall not limit the City Council, Planning Commission, Zoning Administrator or other authorized City Staff from initiating a General Plan amendment at any time.    

HISTORY:

Ord. 3-1-2024, 4/9/2024

The City Council may, without prior consideration of or recommendation from the Planning Commission, enact an ordinance establishing a temporary land use regulation for any part or all of the incorporated area within the City if the City Council makes a finding of compelling, countervailing public interest; or the area is unregulated.

1. A temporary land use regulation under this section shall be in conformance with §10-20-504 of Utah State Code (as amended) and 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. Unless otherwise provided by §10-20-504 Utah State Code (as amended) a temporary land use regulation shall not exceed a period of one-hundred eighty (180) days.

HISTORY:

Ord. 3-1-2024, 4/9/2024. 1/27/2026

1. Purpose.  This section sets forth the procedures for amending the provisions of this title and the City’s Official Zoning Map.
2. Authority.  The City Council may, from time to time, amend the text of this title and the City’s Official Zoning Map as provided by this section.  Amendments may include changes in the number, shape, boundaries, or area of any zoning district, zoning district regulations, or any other provisions of this title.  The provisions set forth in this section shall not apply to temporary zoning regulations that the City Council may enact without a public hearing in accordance with §10-9a-504 of Utah State Code (as amended).   
3. Initiation.  Anyone may propose amendments to the text of this title and the City’s Official Zoning Map as provided in this section.
4. Procedure.  The City shall process and consider amendments to the text of this title and the City’s Official Zoning Map as provided in this section.
5. Application.  An application shall be submitted to the Zoning Administrator along with the fee as outlined in the City’s fee schedule.  The application shall include:
6. For amendments to the text of this title:
7. Name and address of every person or company the applicant represents;
8. Explanation of the proposed amendment and reasons supporting the request; and
9. Title, chapter, and section references of the affected sections, including a draft of the proposed text.
10. For amendments to the City’s Official Zoning Map:
11. An accurate map depicting present and proposed zoning classifications;
12. All abutting properties and their present zoning designations; and
13. An accurate legal description and an approximate common address of the area proposed for rezoning in one does not presently exist.
14. Determination Of Complete Application.  After the Zoning Administrator determines the completeness of an application, the Zoning Administrator shall transmit the application to the Planning Commission for its review.  
15. Planning Commission Hearing.  Class B notice shall be provided pursuant to §10-9a-205 of Utah State Code (as amended). The Planning Commission shall hold a public hearing on the proposed amendment in accordance with §10-9a-502 of Utah State Code (as amended) and shall recommend approval, approval with modifications, or denial of the proposed amendment to the City Council.
16. City Council Adoption.  The City Council shall review the proposed amendment, and the recommendation of the Planning Commission.  The City Council may either approve, approve with modifications, or reject the proposed amendment.  The City Council may also table the matter for further information or future consideration or action.
17. Approval Standards.  A decision to amend the text of this title or the City’s Official Zoning Map shall be consistent with the current General Plan including the future land use map.  In making an amendment the Land Use Authority shall also consider:
18. Whether the proposed amendment would be harmonious with the overall character of existing development in the vicinity of the subject property, or in cases of text amendments, in areas governed by the amended text;
19. Whether the proposed amendment would be consistent with the standards of any applicable overlay zone(s) and, in cases of text amendments, harmonious with areas governed by the amended text;
20. The extent to which the proposed amendment may adversely affect adjacent property; and
21. The adequacy of facilities and services intended to serve the subject property, including but not limited to roadways, parks and recreation facilities, police and fire protection, schools, storm water drainage systems, water supplies, and waste water and refuse collection.
22. Appeals.  Any person adversely affected by the final decision of the City Council may appeal that decision to the District Court as provided in §10-9a-801 of Utah State Code (as amended).
23. Effect Of Approval.  No person shall deem approval of an application to amend the provisions of this title or the City’s Official Zoning Map as an approval of any conditional use, site plan, or other permit.  Obtaining approval of such permits shall be in accordance with the applicable provisions of this title.
24. Effect Of Disapproval.  The City Council’s denial of an application to amend the text of this title or the City’s Official Zoning Map shall preclude another person from filing another application covering substantially the same subject or property, or any portion there, for one (1) year from the date of the disapproval unless the Zoning Administrator determines a substantial change in circumstances occurred to merit consideration of the application or the application is for a change to a different zone.  This section shall not limit the City Council, Planning Commission, Zoning Administrator or other authorized City Staff from initiating an amendment to the text of this title or to the City’s Official Zoning Map any time. 

HISTORY:

Ord. 3-1-2024, 4/9/2024

1. Purpose.  This section set forth the procedures for considering and approving conditional use permits
2. Authority.  The Land Use Authority for conditional use permits shall be as outlined in Section 13.2.2.  
3. Initiation.  A property owner or their designated agent may request a conditional use permit as provided in this section.
4. Procedure.  The City shall process and consider an application for a conditional use permit as provided in this section.
5. Application.  An application shall be submitted to City Staff along with the fee as outlined in the City’s fee schedule.  The application shall include:
6. Address and lot/parcel identification of the subject property;
7. Current zoning designation, zone district boundary, and present use of the subject property;
8. Complete description of the proposed conditional use;
9. A site plan depicting the following:
10. Applicant’s name;
11. Subject property’s address;
12. Subject property’s boundaries and dimensions;
13. Subject property’s layout of existing and proposed buildings and structures, parking, landscaping, utilities and easements;
14. Adjoining property lines and uses within one hundred feet (100’) of the subject property; and
15. Any other information determined to be necessary by the Land Use Authority.
16. Traffic study or other impact analysis reports, including but not limited to: utilities, school, soil and water, existing conditions, line-of-site and building massing, etc., if required by the Land Use Authority upon recommendation of the Zoning Administrator;
17. A statement by the applicant demonstrating how the proposed use meets or would meet the approval standards of this section; and
18. A statement indicating whether the applicant will require any variances in connection with the proposed conditional use.  Note:  If the conditional use would require a variance, the applicant shall also submit a variance application concurrently with the proposed conditional use application.
19. Determination Of Complete Application.  After City Staff determines the completeness of an application City Staff shall transmit the application to the Land Use Authority for its review.
20. The Land Use Authority shall hold a public meeting on the proposed application and shall review and  approve, approve with modifications, or deny the proposed application for a conditional use permit.  The Land Use Authority shall limit any conditions of approval to those needed to reasonably ensure the conditional use substantially complies with approval standards.
21. After the Land Use Authority has rendered a decision, the Zoning Administrator shall give the applicant written notice of the decision.
22. Following the issuance of a conditional use permit, the Zoning Administrator shall inspect such conditional use to ensure the use is undertaken and completed in compliance with the conditional use permit.  The Zoning Administrator shall maintain a record of all conditional use permits.
23. Approval Standards.  The following standards shall apply to the issuance of conditional use permits.  
24. The Land Use Authority may:
25. Issue a conditional use permit for a use located within a zone that would allow, through regulations, the particular conditional use.
26. Impose conditions as necessary to prevent or minimize the adverse effects upon other property(ies) or improvements in the vicinity of the proposed conditional use, the City as a whole, or public facilities and services.  These conditions may include but shall not be limited to conditions concerning use, construction, character, location, landscaping, screening, parking, hours of operation, and other matters relating to the purposes and objectives of this title.  The Land Use Authority shall expressly set forth such conditions in the motion authorizing the conditional use permit.
27. Approve, approve with conditions, or deny a conditional use permit.  But shall approve whenever the Land Use Authority can impose reasonable conditions to mitigate the reasonably anticipated detrimental impacts or effects of the proposed use in accordance with applicable standards. Only when insufficient reasonable conditions exist that the Land Use Authority could impose may the Land Use Authority deny the request.
28. Request additional information as needed to determine the potential for compliance with the requirements of this section.
29. The Land Use Authority shall review and consider the following factors in determining whether to approve, approve with conditions, or deny a conditional use permit application:
30. Compliance of the proposed use meets the intent of the City’s General Plan and the regulations and conditions outlined in this title;
31. The proposed use at the proposed location is necessary or desirable to provide a service or facility that will contribute positively to the general well-being of the neighborhood and the community;
32. Any reports and/or studies relating to impacts such as utilities, traffic, school, soil and water, existing conditions, line of sight and building massing, including any other additional information in order to render a proper decision;
33. Safeguards proposed to ensure adequate utilities, transportation access, drainage, parking, loading spaces, lighting, screening, landscaping, open space, fire protection, pedestrian and vehicular circulation, and the prevention of noxious or offensive omissions such as noise, glare, dust, pollutants, and odor for the proposed use;
34. Appropriate buffering of adjacent uses and buildings, including proper parking and traffic circulation and use of building materials and landscaping to ensure the proposed use is in harmony and compatible with adjoining uses; and
35. Impacts to the health, safety, or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity.
36. When an applicant proposes a use that requires a conditional use permit on property where a substantially similar nonconforming use legally exists, the Land Use Authority may approve the conditional use permit subject to the following requirements:
37. A determination that the proposed conditional use is substantially similar to the previously permitted nonconforming use.  In making such determination, the Land Use Authority shall consider the nature, characteristics and impacts of the existing and proposed uses, and compatibility and compliance of the proposed use with the factors previously outlined in this section;
38. The allowance of nonconformance with respect to building setbacks, building height, landscaping, and parking space requirements; and
39. The ability to meet all current building, construction, engineering, fire, health and safety standards as a condition of approval.
40. Appeals.  Any person adversely affected by the final decision of the Land Use Authority may appeal that decision to the Appeal Authority outlined in Section 13.2.2 by filing a written notice of appeal stating the grounds therefore within fourteen (14) days from the date of such final determination.  
41. Effect Of Approval.  A conditional use permit shall not relieve an applicant from obtaining any other authorizations or permits required under this title or any other title of the City’s code.  Unless otherwise specified by the Land Use Authority and subject to the provisions relating to amendment, revocation, or expiration of a conditional use permit, a conditional use permit shall be of indefinite duration and shall run with the land.
42. Amendments.  The procedure for amending any conditional use permit shall be the same as the original procedure set forth in this section.
43. Revocation Or Suspension.  On behalf of the Land Use Authority the Zoning Administrator may revoke or suspend a conditional use permit.  
44. Any of the following shall be grounds for revocation or suspension:
45. The use for which the City granted the permit has ceased for one (1) year or more;
46. The holder or user of the conditional use permit failed to comply with the conditions of approval, or is in violation of any other City, State, or Federal law governing the conduct of the use;
47. The holder or user of the conditional use permit failed to construct or maintain the site as shown on the approve site plan or map; or
48. The Land Use Authority determined that operation of the use or character of the site was a nuisance or a court of competent jurisdiction in any civil or criminal proceeding found it to be a public nuisance.
49. The Land Use Authority shall not revoke a conditional use permit without first holding a public hearing.  The Zoning Administrator or designee shall notify the permittee in writing, which shall be served by registered mail or personal service, at least ten (10) days prior to the date of such hearing and the grounds for its convening.  At any such hearing, the permittee shall be given an opportunity to testify, call witnesses, and present evidence.  Upon conclusion of the hearing, the Land Use Authority shall decide whether to revoke or suspend the permit.  In the event the determination is to revoke or suspend the permit, the permittee may appeal the decision to the City Council within fourteen (14) days from the date of such final determination.  Revocation or suspension of a conditional use permit shall not limit the City’s ability to complete other legal proceedings against the holder or user of the conditional use permit.
50. Expiration.
51. Conditional use permit approval issued by the City shall expire if any of the following occur:
52. The applicant does not implement the granted permit within one (1) year of the issued approval date.
53. The conditional use of land or structure ceases for any reason for a period of more than one (1) year.
54. The holder of a conditional use permit may submit a written request to the Zoning Administrator, prior to the expiration date of said permit for an extension of up to six (6) months, subject to approval of the Land Use Authority.
55. Effect Of Disapproval.  The Land Use Authority’s denial of a conditional use permit application shall preclude another person from filing another application covering substantially the same subject or property, or any portion there, for one (1) year from the date of the disapproval unless the Zoning Administrator determines a substantial change in circumstances occurred to merit consideration of the application or the application is for a change to a different conditional use.  This section shall not limit the City Council, Planning Commission, Zoning Administrator or other authorized City Staff from initiating a conditional use permit request any time.  

HISTORY:

Ord. 3-1-2024, 4/9/2024

1. Purpose.  This section set forth the procedures for all site plan applications and required submittals.  These standards and procedures are established to encourage adequate advanced site planning and review in order to assure the highest quality of development for the City.  Such standards and procedures are intended to provide for orderly, harmonious, safe and functionally efficient development consistent with priorities, values, and guidelines stated in the various elements of the City’s General Plan and this title.  This section is not intended to so rigidly control design so as to stifle creativity or individual expression, or to cause substantial, unnecessary expense, rather, any control exercised is intended to be the minimum necessary to efficiently achieve the objectives stated herein.
2. Authority.  The Land Use Authority for site plan review is outlined in Section 13.2.2.  
3. Initiation.  A property owner or their designated agent may request approval of a site plan as provided in this section.  
4. A site plan shall be required for any of the following uses, unless expressly exempted from such requirement by another provision of this title:
5. Any multifamily residential use;
6. Any commercial use;
7. Any professional use;
8. Any manufacturing use; and
9. Any institutional use.
10. In situations requiring site plan approval, no building permit for the construction of any building, structure, or other improvement to the site shall be issued prior to approval of the site plan by the Land Use Authority.  Furthermore, no clearing, grubbing, grading, drainage work, parking lot construction, or other site improvements shall be allowed prior to site plan approval.
11. Procedure.  The City shall process and consider an application for site plan review as provided in this section.
12. Application.  An application shall be submitted to the Zoning Administrator along with the fee as outlined in the City’s fee schedule.  The application shall include:
13. One (1) plan set, size 22”x34” drawings; one (1) plan set, size 11”x17” drawings; and one (1) PDF copy.  The application and plan sets shall include at a minimum the following documents and information:
14. A plan set cover sheet showing the entire site plan including a title block showing the name, address, and phone number of the applicant, designer, engineer, and any other professionals that contributed to the production of the plans and drawings.  The cover sheet shall also include the name (if applicable) and address of the proposed project, and date of preparation of the plans and drawings.  A general vicinity map shall be inset on this sheet.
15. A detailed boundary survey sheet showing the following information:
16. The location and width of existing and proposed abutting streets;
17. All property and parcel/lot lines;
18. Existing and proposed easements and dedications, adjacent property owners and holding strips;
19. The location of all existing and proposed structures on the site, including the building height and any provisions to screen roof-based mechanical equipment, and the location of existing structures on adjoining properties;
20. The location of existing fencing and significant existing trees and shrubbery;
21. The location of off-street parking, driveways, loading facilities, and hard-surfaced areas;
22. The location of existing and proposed curb, gutter, sidewalk, and curb cuts.  If the property abuts a State owned highway, the applicant must obtain approval from the Utah Department of Transportation (UDOT) for the location of curb, gutter, and sidewalk.  UDOT shall also approve the location and number of curb entrances;
23. The location of refuse container(s); and
24. The location of vehicular and pedestrian access and circulation including all existing and proposed traffic, pedestrian, and road safety signs.
25. A detailed utilities plan showing the location and size of all existing or proposed utilities that will provide service to the project (including location of nearest fire hydrants) consistent with the design standards approved by the City.
26. A detailed landscaping plan that shows the following information:
27. The proposed landscaping including identification of plant species and fencing in sufficient detail for review of screening and aesthetic qualities;
28. Irrigation sprinkler designs indicating the locating and service size of secondary water connections;
29. Location and design of all exterior lighting;
30. Data table showing parcel, building, landscaping, parking areas and percentages, and the number of parking stalls required and provided; 
31. Floor plans and elevations including exterior building finishes and colors.
32. Required engineered drawings for on and off site improvements.
33. Traffic study and geotechnical study unless waived by the Land Use Authority, Zoning Administrator or City’s Engineer.
34. Each sheet shall be signed and stamped by the relevant design professional registered in the State of Utah (i.e. engineer, professional landscape architect, etc.) as applicable.
35. Determination Of Complete Application.  After the Zoning Administrator determines the completeness of a site plan application, the Zoning Administrator shall transmit the application to the Planning Commission for its review.  
36. Review By Planning Commission In Public Meeting.  The Planning Commission shall review the proposed site plan application and shall either recommend approval, approval with modifications, or denial of the proposed site plan application to the City Council.  
37. City Council Adoption.  The City Council shall review the proposed amendment, and the recommendation of the Planning Commission.  The City Council may either approve, approve with modifications, or reject the proposed amendment.  The City Council may also table the matter for further information or future consideration or action.
38. Approval Standards.  City Staff may provide advisory comments to the applicant prior to the scheduling of the site plan application before the Planning Commission.  Staff comments or feedback shall not  guarantee or imply approval of any portion of the site plan.  The following standards shall apply to the approval of a site plan:
39. The entire site shall be developed at one time, unless a phased development plan is approved by the Land Use Authority.
40. A site plan shall conform to all applicable standards as set forth in the title.  In addition, consideration shall also be  given to the following:
41. Considerations relating to buildings and general site layout.
42. The general silhouette and mass, including the location on the site and elevations in relationship to the character of the neighborhood and the applicable provisions of the City’s General Plan; and
43. Exterior design in relation to adjoining structures in height, bulk, and area openings, breaks in facade fronting onto rights-of-way, line and pitch of roofs, the arrangement of structures on the parcel or lot, and the appropriate use of materials and colors to promote the objectives of the General Plan relating to the character of the area or neighborhood.
44. Considerations relating to traffic safety and traffic congestion.
45. Effect of the proposed site plan of traffic conditions on abutting streets and neighboring land uses, both existing and as planned;
46. Layout of the site with respect to location and dimensions of vehicular and pedestrian entrances, exits, driveways, and walkways;
47. Arrangement and adequacy of off-street parking facilities to prevent traffic congestion and compliance with the provision of City ordinances regarding the same;
48. Locating, arrangement, and dimensions of truck loading and unloading spaces;
49. Vehicular and pedestrian circulation patterns within the boundaries of the development;
50. Surfacing and lighting of off-street parking facilities; and
51. Provision for transportation modes other than personal motor vehicles, including such alternative modes such as pedestrian, bicycle, and mass transit.
52. Considerations relating to landscaping.
53. Location, height, and materials of walls, fences, hedges, and screen plantings to provide for harmony with adjacent development, or to conceal storage areas, utility installations, or other unsightly development;
54. Planning of ground cover or other surfaces to prevent dust and erosion; and
55. Unnecessary destruction of existing healthy trees.
56. Considerations relating to drainage and irrigation.
57. The effect of the site development on the adequacy of the storm and surface water drainage; and
58. The need for piping of irrigation ditches bordering or within the site.
59. Other considerations including, but not limited to:
60. Buffering;
61. Lighting;
62. Placement of trash containers and disposal facilities;
63. Location of surface, wall and roof-mounted equipment.
64. Bonding.  The applicant shall provide a guarantee of installation and construction of all on-site and off-site improvements required by this title, or as required by the Land Use Authority, prior to issuance of any building permits or the commencement of any work.  The guarantee shall be in a form acceptable to the City and in an amount equal to one hundred ten percent (110%) of the estimated cost of all improvements.  The guarantee shall assure the installation of improvements within one (1) year of the date of site plan approval, and shall provide a one (1) year warranty pertaining to the installed improvements.  It shall be the responsibility of the developer to notify the City when the improvements are complete and ready for inspection.
65. Appeal Of Decision.  Any person adversely affected by a decision of the Land Use Authority regarding approval or denial of a site plan application may appeal first to the Appeal Authority outlined in Section 13.2.2., then to District Court in accordance with the provisions of §10-9a-801 of Utah State Code (as amended).
66. Effect Of Approval.  Every site for which a site plan has been approved shall conform to such plan.
67. A building permit shall not be issued for any building or structure, external alterations thereto, or any sign or advertising structure until the provisions of this section have been met.  Any building permit issued shall expressly require that development be undertaken and completed in conformity with the approved site plan.  No structures or improvements may be added to a site that are not included on the approved site plan.
68. All improvements shown on the approved site plan or amended site plan shall be maintained in a neat and attractive manner.
69. Approval of a site plan shall not be deemed an approval of any conditional use permit or other permit.  Approval of such permits shall be obtained in accordance with applicable provisions of this title.
70. Amendments.  Except as may be provided for 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 from the Land Use Authority.
71. Revocation.  A site plan approval may be revoked following the same process as outlined in Section 13.2.7 for Conditional Use Permits.
72. Expiration.  Failure to obtain a building permit within one (1) year of approval of any site plan shall terminate and cancel the prior site plan approval given, whereupon the Zoning Administrator may require that a new site plan application be submitted and approval obtained pursuant to this section.  A written request may be submitted to the Zoning Administrator prior to the expiration of the site plan for an extension of up to six (6) months.  The Land Use Authority may grant such an extension where good cause can be shown.

HISTORY:

Ord. 3-1-2024, 4/9/2024

For each land use application, the City shall:

1. Notify the applicant of the date, time, and place of each public hearing and public meeting to consider the application.  
2. Provide to each applicant a copy of each staff report regarding the applicant or the pending application at least three (3) business days before the public hearing or public meeting.
3. Notify the applicant of any final action on a pending land use application.

If the City fails to comply with the requirements of this section, an applicant may waive the failure so that the land use application may stay on the public hearing or public meeting agenda and be considered as if the requirements had been met.

HISTORY:

Ord. 3-1-2024, 4/9/2024

If notice given under authority of this title is not challenged under §10-9a-801 of Utah State Code (as amended) within thirty (30) days after the meeting or action for which notice is given, the notice provided is considered adequate and proper.

HISTORY:

Ord. 3-1-2024, 4/9/2024