This Title shall be known as the Park City Land Management Code (LMC).

The LMC is designed, enacted, restated and reorganized to implement the goals and policies of the Park City General Plan, and for the following purposes:

1. To promote the general health, safety and welfare of the present and future inhabitants, Businesses, and visitors of the City,
   
2. To protect and enhance the vitality of the City’s resort-based economy, the overall quality of life, the Historic character, and unique mountain town community,
   
3. To protect and preserve peace and good order, comfort, convenience, and aesthetics of the City,
   
4. To protect the tax base and to secure economy in governmental expenditures,
   
5. To allow Development in a manner that encourages the preservation of environmentally sensitive lands, Historic Structures, the integrity of Historic Districts, and the unique urban scale of original Park City,
   
6. To provide for well-planned commercial and residential centers, safe and efficient traffic and pedestrian circulation, preservation of night skies and efficient delivery of municipal services, 
   
7. To prevent Development that adds to existing Geologic Hazards, erosion, flooding, degradation of air quality, wildfire danger or other conditions that create potential dangers to life and safety in the community or that detracts from the quality of life in the community,
   
8. To protect and ensure access to sunlight for Solar Energy Systems, and
   
9. To protect or promote moderate income housing.
   

It is the intention of the City in adopting this LMC to fully exercise all of the powers granted to the City by the provisions of Utah Code Title 10, Chapter 9a, the Municipal Land Use, Development, and Management Act as amended, and all other powers granted by statute or by common law for the necessary regulation of the Use and Development of land within the City.

The provisions of the LMC are in addition to all other City ordinances, the Laws of the State of Utah, the Laws of the United States, and applicable common law. The LMC shall not supersede any private land Use regulations in deeds or covenants, which are more restrictive than the LMC. Whenever a conflict exists, the more restrictive provision shall apply to the extent allowed by law. The City does not enforce private restrictive covenants, nor shall any such covenant have the effect of modifying the regulations herein.

All capitalized proper nouns in the text of the LMC are defined terms. Defined terms are located in LMC Chapter 15-15.

The zoning map for Park City as adopted by the City Council and executed by the Mayor is the Official Zoning Map for Park City. Upon amendment to the Official Zoning Map, the Mayor shall execute a new map, or re-execute the existing map with the amendments noted thereon. 

In order to carry out the purposes of the LMC, Zoning Districts have been established as set forth in LMC Chapters 15-2 and as identified on the Official Zoning Map. In interpreting the Official Zoning Map, the following standards shall apply:

1. The zoning boundary lines are intended to conform to existing Property boundary lines when not in a public Right-of-Way, or to follow the center line of public Rights-of-Way, including prescriptive Rights-of-Way, unless the lines are located by specific dimensions, in which case the dimensions shall control. 
   
2. Where the Zoning District lines appear to have intentionally divided a Lot or Parcel between two (2) or more districts, the applicable zoning for each portion of the Lot or Parcel must be determined by using the scale shown on the map.
   
3. There is no minimum Area or diversity of ownership requirement for a zone designation. Neither the size of a Zoning District nor the number of landowners within the district may be used as evidence of the illegality of a Zoning District or of the invalidity of a municipal decision. 
   
4. All property within the City limits is subject to the City's Zoning Districts, including State or Federal property which may be exempt from the City's land use ordinance and jurisdiction. If such zoning is subsequently invalidated, no building permit, subdivision or approval for any development activity may be applied for until the City establishes a valid zoning for the property.

All amendments to the LMC or Zoning Map must be made in the following manner:

1. APPLICATION. An Application must be filed first with the Planning Department on a form prescribed for that purpose. The Planning Department, upon its own initiative or at the direction of the City Council, Planning Commission, or Historic Preservation Board may initiate an amendment as provided below.
   
2. HEARINGS BEFORE PLANNING COMMISSION.
   1. Land Management Code Adoption or Amendments
      1. The Planning Commission shall hold a public hearing on all adoption or amendments to the LMC. Notice of hearings shall be given by doing the following at least fourteen (14) days prior to the first public hearing:
         1. posting notice on the City website or in at least three (3) public places within the City; and
            
         2. publishing notice in a newspaper of general circulation within the City; and
            
         3. publishing  on the Utah Public Notice Website; and
            
         4. mailing notice to each Affected Entity as defined in Chapter 15.
      2. The notice must state the general nature of the proposed amendment, land affected, and the time, place and date of the hearing. Once opened, the hearing may be continued, if necessary, without republication of notice other than a minimum of 24 hours prior to the meeting posting notice on the City website or in at least three (3) public places within the City until the hearing is closed.
   2. Zoning Map Amendments
      1. In addition to the requirements listed above, before the City holds a hearing to adopt the Official Zoning Map or map amendment, the City shall send a courtesy notice to each Owner whose Property is located entirely or partially within the proposed map area, at least fourteen (14) days prior to the scheduled date of the public hearing.
         
      2. The notice shall:
         1. identify each Owner of record of real Property that will be affected by the proposed Zoning Map or map amendments; and
            
         2. state the current zone in which the affected Property is located;
            
         3. state the proposed new zone for the affected Property;
            
         4. provide information regarding, or a reference to, the proposed regulations, prohibitions, and permitted Uses that the Property will be subject to if the Zoning Map or map amendment is adopted; and
            
         5. state that the Owner of the Property may no later than ten (10) days after the date of the first public hearing file a written objection to the inclusion of the Owner's Property in the proposed Zoning Map or map amendment; and
            
         6. state the address where the Property Owner should file the objection; and 
            
         7. notify the Property Owner that each written objection filed with the City will be provided to the City Council; and 
            
         8. state the location, date, and time of the public hearing.
            
      3. If written objections are received in matters relating to the adoption of a Zoning Map or map amendment, the Planning Commission shall, in addition to the requirements set forth in 15-1-7 (C), consider each objection when adopting its formal recommendation and forward all objections to the City Council.
3. ACTION BY PLANNING COMMISSION. Following the hearing, the Planning Commission must adopt formal recommendation(s) to the City Council regarding the matter before it, approving, disapproving, or modifying the proposal. If the Planning Commission fails to take action within thirty (30) days of the public hearing, the City Council may consider the matter forwarded from the Planning Commission with a negative recommendation and may hear the matter.
   
4. HEARING BEFORE CITY COUNCIL. The City Council shall hold a public hearing on all amendments to the LMC. Notice of hearing shall be given by doing the following at least fourteen (14) days prior to the first public hearing:
   1. posting notice on the City website or in at least three (3) public places within the City; and
      
   2. publishing notice in a newspaper of general circulation within the City; and
      
   3. publishing notice on the Utah Public Notice Website; and
      
   4. mailing notice to each Affected Entity as defined in Chapter 15.
   The notice must state the general nature of the proposed amendment; land affected; and the time, place, and date of the hearing. Once opened the hearing may be continued, if necessary, without re-publication of notice other than a minimum of 24 hours prior to the meeting posting notice on the City website or in at least three (3) public places within the City until the hearing is closed.
   
   Following the hearing, the Council must approve, disapprove, or modify and approve the proposal before it. Recommendations of the Planning Commission are advisory only.
   
5. JOINT HEARINGS. At the option of the City Council, the hearings before the Planning Commission and the Council may be consolidated into a single hearing, provided however, that separate votes are taken by the Commission and the Council. The Commission vote shall be taken first. Notice for any joint hearing shall be given by following the notice requirements of Subsection D, Hearing Before City Council above.
   
   Following the hearing and Commission vote, the Council must approve, disapprove, or modify and approve the proposal before it. Recommendations of the Planning Commission are advisory only.
   
6. TEMPORARY OR EMERGENCY LAND USE REGULATIONS. 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 Area within the municipality if:
   1. The City Council makes a finding of compelling, countervailing public interest; or
      
   2. The area is unregulated.
   Those temporary land use regulations may prohibit or regulate the erection, construction, reconstruction, or alteration of any Building or Structure or Subdivision approval. The City Council shall establish a period of limited effect for the ordinance, not to exceed six (6) months.

1. No Building Permit shall be valid for any Building project unless the plans for the proposed Structure have been submitted to and have been approved by the Planning, Engineering and Building Departments.
   
2. No new Use shall be valid on any Property within the City unless the Use is allowed. 
   
3. No Subdivision shall be valid without approval of the Planning Commission with all conditions of approval completed. 
   
4. Proposals submitted to the Planning Department must be reviewed according to the type of Application filed. Unless otherwise provided for in this LMC, only one (1) Application per type, per Property, will be accepted and processed at a time.
   
5. The Planning, Engineering and Building Departments review all Allowed Uses, Administrative Simple Boundary Adjustments, Administrative Permits, and Administrative Conditional Use permits. 
   
6. Projects in the Historic Districts and Historic Sites outside the Historic Districts are subject to design review under the regulations for Historic Districts and Historic Sites. 
   
7. Conditional Uses and Master Planned Developments are initially reviewed by staff and submitted to the Planning Commission for review, final permitting and Final Action. 
   
8. Subdivisions and Plat Amendments are initially reviewed by staff and submitted to the Planning Commission for Final Action. 
   
9. Variances, Special Exceptions, Non-Conforming Uses and Non-Complying Structures are reviewed by the Board of Adjustment.
10. Proposed Business Classification Request. Applicants may submit a written classification to the Planning Department that outlines a proposed business use.
    1. If the proposed use aligns with an existing use defined in Section 15-15-1 and meets the criteria below, the Planning Department will inform the Applicant that they may submit a business license application subject to the regulations of the existing use in appropriate Zoning Districts. 
       1. The proposed use will not generate more new vehicle trips than the existing use with which it aligns.
       2. The proposed use does not generate increased demand for delivery and service vehicles, loading and unloading zones, and trash and recycling than the existing use with which it aligns.
       3. The amount of off-Street parking for the proposed use is comparable to the existing use.
       4. The proposed use does not generate noise, vibration, odors, steam, or other mechanical factors that might affect people and property off-site.
       5. If the proposed use does not align with an existing use, it will be determined to be a New or Unlisted Business Use and the Planning Department will inform the Applicant that they may proceed under the New or Unlisted Business Use Section.
       6. If the Applicant disagrees with the classification, the Applicant may appeal to the Board of Adjustment.
    2. New or Unlisted Business Uses. If a proposed business use is determined to be a New or Unlisted Business Use, Applicants may submit a written application for the approval of the New or Unlisted Business Use to the Planning Department. The Planning Department shall:
       1. Within 45 days of the written request, provide a recommendation for the New or Unlisted Business Use as Allowed, Conditional, or prohibited in all Zoning Districts for review by the Planning Commission and recommendation to the City Council.
       2. Within 45 days after receiving a recommendation from the Planning Commission, the City Council shall consider and determine whether to approve or deny the New or Unlisted Business Use.
       3. If the City Council approves a New or Unlisted Business Use, the City Council shall designate all appropriate Zoning Districts for the use.
       4. If the City Council denies the New or Unlisted Business Use, the City Council shall notify the applicant in writing of each reason for the denial or classification. The Applicant may appeal a New or Unlisted Business Use determination to the Board of Adjustment.
11. No review may occur until all applicable fees have been paid. Final approval is not effective until all other fees including engineering fees have been paid, and following applicable staff review.
    
    

    RECOMMENDATION (y) FINAL ACTION (X) and APPEAL (z)
    	Planning	HPB	Board of Adjustment	Planning Commission	City Council	Administrative Hearing Officer
    Allowed Use	X
    Historic District Design Review	X		z
    Administrative Permits	X			z
    Conditional Use				X		z
    Conditional Use Admin.	X			z
    Determination of Significance		X	z
    MPD				X		z
    Determination of Non-Conforming Use and Non-Complying Structures	X		z
    Change of Non-Conforming Use			X
    Historic Preservation Board Review for Material Deconstruction		X	z
    Plat Amendment				X		z
    Variance			X
    Subdivision and Condominium Plats				X		z
    Annexation and Zoning				y Recommendation to CC	X
    Zoning Appeal			X
    LMC Amendments				y Recommendation to CC	X

    *All Applications shall be filed with the Planning Department. Planning Department staff makes a recommendation to the appropriate decision making body (X).

1. An Applicant must file a Complete Application, using the forms established by the Planning Department, and include payment of all fees. On any Application to construct a Building or other Improvement to Property which is defined by this Code as an Allowed Use in the Zone in which the Building is proposed, the Planning Department must review the Application to determine whether the proposal:
   
   1. is an Allowed Use within the zone for which it is proposed;
      
   2. complies with all applicable Development requirements of that zone, including Building Height, Front, Side, and Rear Setbacks, and Lot coverage;
      
   3. respects Lot Lines of a legally subdivided Lot;
      
   4. meets the applicable parking requirements;
      
   5. conforms to the Architectural Review and/or the Design Guidelines for Historic Districts and Historic Sites, and the architectural review process established for that zone;
      
   6. can be adequately serviced by roads, and existing or proposed utility systems or lines; and
      
   7. pertains to land in which all tax assessments have been paid.
      
2. If approved by the Planning Department Planning Staff, the plans must be forwarded to the Engineering Department and Building Department. The plans shall be reviewed for Building Code compliance and permit issuance procedures. Approval of Allowed Uses must be noted by the issuance of a Building Permit in compliance with the provisions of the International Building Code, as adopted by Park City.
   
3. If the Application does not comply with the requirements of the zone, the Planning Department shall notify the Owner of the project or the Owner's Agent, if any, stating specifically what requirements of the zone have not been satisfied, and also stating whether the project could be reviewed as submitted as a Conditional Use for that zone.
   
4. DISCLAIMER.  No permit issued shall be valid if any of the criteria listed in this section have not been met.

There are certain Uses that, because of unique characteristics or potential impacts on the municipality, surrounding neighbors, or adjacent land Uses, may not be Compatible in some Areas or may be Compatible only if certain conditions are required that mitigate or eliminate the detrimental impacts. 

The Planning Department will evaluate all proposed Conditional Uses and may recommend conditions of approval to preserve the character of the zone, and to mitigate potential adverse effects of the Conditional Use.

A Conditional Use shall be approved if reasonable conditions are proposed, or can be imposed, to mitigate the reasonably anticipated detrimental effects of the proposed Use in accordance with applicable standards. 

If the reasonable anticipated detrimental effects of a proposed Conditional Use cannot be substantially mitigated by the proposal or imposition of reasonable conditions to achieve compliance with applicable standards, the Conditional Use may be denied.

The City must review all proposed Conditional Uses according to the following procedure, unless a subsequent provision of this LMC specifically sets forth an administrative approval process for a specific Conditional Use, in which case that section shall control:

1. PRE-APPLICATION CONFERENCE. An Applicant may request a pre-Application conference with the Planning Department to discuss the proposed Conditional Use and the conditions that the staff would recommend to mitigate proposed adverse impacts. 
   
2. THE APPLICATION. An Applicant must file a Complete Application on forms provided by the Planning Department for Conditional Uses. 
   
3. NOTICE/POSTING. Upon receipt of a Complete Application, the Planning Department shall provide notice per Section 15-1 -12. NOTICE.
   
   The Planning Commission shall conduct a public hearing on the proposed Conditional Use permit Application and shall either approve, deny, or modify and approve the permit. 
   
4. STANDARDS FOR REVIEW. The City shall not issue a Conditional Use permit unless the Planning Commission concludes that:
   
   1. the Application complies with all requirements of this LMC;
      
   2. the Use will be Compatible with surrounding Structures in Use, scale, mass and circulation;
      
   3. the effects of any differences in Use or scale have been mitigated through careful planning.
      
5. REVIEW. The Planning Department and/or Planning Commission must review each of the following items when considering whether or not the proposed Conditional Use mitigates impacts of and addresses the following items:
   
   1. size and location of the Site;
      
   2. traffic considerations including capacity of the existing Streets in the Area;
      
   3. utility capacity, including Storm Water run-off;
      
   4. emergency vehicle Access;
      
   5. location and amount of off-Street parking;
      
   6. internal vehicular and pedestrian circulation system;
      
   7. Fencing, Screening, and landscaping to separate the Use from adjoining Uses;
      
   8. Building mass, bulk, and orientation, and the location of Buildings on the Site; including orientation to Buildings on adjoining Lots;
      
   9. usable Open Space;
      
   10. signs and lighting;
       
   11. physical design and Compatibility with surrounding Structures in mass, scale, style, design, and architectural detailing;
       
   12. noise, vibration, odors, steam, or other mechanical factors that might affect people and Property Off-Site;
       
   13. control of delivery and service vehicles, loading and unloading zones, and Screening of trash and recycling pickup Areas;
       
   14. expected Ownership and management of the project as primary residences, Condominiums, time interval Ownership, Nightly Rental, or commercial tenancies, how the form of Ownership affects taxing entities;
       
   15. within and adjoining the Site, Environmentally Sensitive Lands, Physical Mine Hazards, Historic Mine Waste and Park City Soils Ordinance, Steep Slopes, and appropriateness of the proposed Structure to the existing topography of the Site; and
       
   16. reviewed for consistency with the goals and objectives of the Park City General Plan; however such review for consistency shall not alone be binding.
   17. radon mitigation; the Planning Director or Planning Commission shall require residential Conditional Uses to include the installation of a basic radon remediation system that allows for the installation of a radon remediation air handler if or when radon mitigation is required for the space in accordance with residential building codes.
6. TRANSFERABILITY. A Conditional Use permit is transferable with the title to the underlying Property so that an Applicant may convey or assign an approved project without losing the approval. The Applicant may not Transfer the permit off the Site on which the approval was granted.
7. EXPIRATION. Unless otherwise indicated, Conditional Use permits expire one (1) year from the date of Planning Commission approval, unless the Conditional Use has commenced on the project or a Building Permit for the Use has been issued.The Planning Director may grant an extension of a Conditional Use permit for one (1) additional year when the Applicant is able to demonstrate no change in circumstance that would result in an unmitigated impact or that would result in a finding of non-compliance with the review criteria in Section 15-1-10 (E) or other provisions of the Land Management Code in effect at the time of the extension request. Change of circumstance includes physical changes to the Property or surroundings. Notice shall be provided consistent with the original Conditional Use permit approval per Section 15-1-12. Extension requests must be submitted in writing prior to the expiration of the Conditional Use permit.The Planning Commission may grant an additional one (1) year extension when the Applicant is able to demonstrate no change in circumstance that would result in an unmitigated impact or that would result in a finding of non-compliance with review criteria in Section 15-1-10 (E) or other provisions of the Land Management Code in effect at the time of the extension request. Change of circumstance includes physical changes to the Property or surroundings. Notice shall be provided consistent with the original Conditional Use permit approval per Section 15-1.12. Extension requests must be submitted in writing prior to the expiration of the Conditional Use permit. 
8. APPEALS. Appeals must be pursuant to Section 15-1-18 herein.

1. MASTER PLANNED DEVELOPMENT (MPD) REVIEW PROCESS. Applications for MPDs shall be reviewed according to Chapter 15-6. Applications for Affordable MPDs shall be reviewed according to Chapter 15-6.1.
   
2. VARIANCES. The Board of Adjustment must review Applications for Variances. Such approval must be obtained from the Board of Adjustment prior to the issuance of any Conditional Use permit or Master Planned Development, or other approval by the Planning Commission or Planning Department. All action on an Application shall be stayed upon the determination that a Board of Adjustment approval is required.
   
3. PLAT AMENDMENTS/SUBDIVISION. Plat Amendments and Subdivisions must be reviewed pursuant to Chapter 15-7. No Building Permit may be issued prior to such an approval.
   
4. ADMINISTRATIVE CONDITIONAL USE PERMITS. The Planning Director or designee shall review and take Final Action on Administrative Conditional Use permits. Review process shall be consistent with Section 15-1-10, with the exception that no published notice, as described in Section 15-1-12, shall be required.
   
5. ADMINISTRATIVE PERMITS. The Planning Department shall review and take Final Action on Administrative Permits. Review process shall be consistent with the requirements herein for those Uses requiring an Administrative Permit, such as a Medical Cannabis Production Establishment or a Medical Cannabis Pharmacy; temporary tents, Structures, and vendors; temporary change of occupancy permits; Accessory Apartments; specified Outdoor Events and Uses; Family Child Care in specified Zoning Districts; and temporary Telecommunication Antennas, where these Uses are designated as requiring Administrative Permits. These Uses may require Administrative Conditional Use permits or Conditional Use permits in some Zoning Districts pursuant to Chapter 15-2.

Notice for each type of Application, unless otherwise specified in this Code or State law, must be provided in accordance with this Section and must state the general nature of the proposed action; describe the land affected; and state the time, place, and date of the hearing. Once opened, the hearing may be continued, if necessary, without republication of notice until the hearing is closed. Notice shall be given according to Section 15-1-21 Notice Matrix and as follows:

1. POSTED NOTICES. The Planning Department must post notice on the Property affected by the Application and as further specified in Section 15-1-21 Notice Matrix.
   
2. PUBLISHED NOTICE. Published notice shall be given by publication on the City website and by publication on the Utah Public Notice Website, as further specified in Section 15-1-21 Notice Matrix.
   
3. MAILED NOTICE. Pursuant to Section 15-1-21 Notice Matrix for required or courtesy mailed notice to adjacent and surrounding Property Owners, and to Affected Entities, the Applicant must provide the Planning Department with an electronic list of each Property Owner of record of each Parcel located entirely or partly within the distance designated by Application type in Section 15-1-21 from all Property Lines of the subject Property, and as further specified in Section 15-1-21 Notice Matrix. The addresses for Property Owners must be as shown on the most recently available Summit County tax assessment rolls. If the Property that is the subject of the Application is a Condominium, the Owners Association is sufficient in lieu of the address for each unit Owner. For courtesy mailed notice that is not a legal requirement per Utah Code, for specific actions and noted herein, and further specified in Section 15-1-21 Notice Matrix, any defect in such courtesy mailed notice shall not affect or invalidate any hearing or action by the City Council or any Board or Commission.
   
4. APPLICANT NOTICE. For each land Use Application, the Planning Department must notify the Applicant of the date, time and place of each public hearing and public meeting to consider the Application and of any Final Action on the pending Application. A copy of each Staff report regarding the Applicant or the pending Application shall be provided to the Applicant at least three (3) business days before the public hearing or public meeting. If the requirements of this Subsection are not met, an Applicant may waive the failure so that the Applicant may stay on the agenda and be considered as if the requirements had been met.
   
5. EFFECT OF NOTICE. Proof that notice was given pursuant to this Section is prima facie evidence that notice was properly given. If notice given under authority of this Section is not challenged as provided for under State law within thirty (30) days after the date of the hearing or action for which the challenged notice was given, the notice is considered adequate and proper.
   
6. OWNERS ASSOCIATION REGISTRATION AND NOTIFICATION.
   1. REGISTRATION. Owners associations desiring notice of requests for Building Permits within their boundaries must file written registration annually with the Park City Building Department and pay an annual fee of fifty dollars ($50.00). The registration must consist of a copy of the Owners association’s Utah State Business or corporate registration and the names, addresses including post office box numbers, and telephone numbers of at least three (3) authorized representatives of the Owners association and a notarized statement certifying that these individuals are the authorized representatives of said association.
      
      Associations not registered with the City will not be included in the published list of Owners associations and do not receive notice of Building Permit requests prior to their issuance.
      
      Any change(s) in the above information must be forwarded in writing to the Building Department within ten (10) days of the change.
      
   2. NOTICE. Prior to, or at the time of Application for a permit for any Development, the Applicant must file with the City evidence of notification to the appropriate registered Owners association(s). Acceptable evidence of notification shall be the following:
      1. the properly executed notice form, as approved by the City; or
         
      2. a signed return receipt from a certified letter posted to the registered association representative, with a copy of the notice form approved by the City.
   3. CITY NOT PARTY TO DISPUTES. The City is not the arbiter of disputes between an Applicant and an Owners association. Nothing herein shall be interpreted to require Owners association consent prior to City Final Action. This notice is courtesy notice only.
7. NOTICE FOR AN AMENDMENT TO PUBLIC IMPROVEMENTS. Prior to implementing an amendment to adopted specifications for public improvements that apply to Subdivisions or Development, the City shall give thirty (30) days mailed notice and an opportunity to comment to anyone who has requested the notice in writing.

Planning Staff shall have the authority to approve an applicant's request for a continuance for an item scheduled for a public hearing or an item scheduled for an appeal, up to two (2) times, so long as the request for the continuance is made in writing, is for a reasonable cause, and is received by Planning Staff at least seven (7) days prior to the scheduled public hearing or appeal. If Planning Staff does not have the authority to continue an item, the Board, Commission or Land Use Appeal Authority will determine if there is a reasonable cause to continue the item on the scheduled date. If it is determined there is not reasonable cause to continue the item, the item will remain on the agenda and be considered.

Justifications which the Planning Staff or Commission may find reasonable cause include, but are not limited to: demonstrated travel or work disruption beyond the applicant’s control; illness of the applicant, representative, or family; other demonstrated emergency circumstances; the need for additional time to respond to recent public, staff or third party/Development Review Committee input; or other circumstances justifying additional time in order to ensure due process.

1. POLICY.
   
   1. GUARANTEE REQUIRED. In order to protect the City from the financial burdens resulting from damage to or increased maintenance costs for City facilities that may occur as a result of incomplete or inadequate Site or Public Improvements on construction projects, it is the policy of the City to require that Developers either complete all Site or Public Improvements prior to occupancy, or if that is not possible, that adequate financial Guarantees for completion, together with a right of entry to the Property to complete that work be granted to the City. No plat will be approved, where required, and no Certificate of Occupancy granted unless and until an adequate financial Guarantee is posted in accordance with this section. It is also the policy of the City to require Developers to post a financial Guarantee to ensure compliance with a Historic Preservation Plan whenever a Building project affects a Historic Building, Structure, Site or Object, as defined by this Title.
      
   2. NO THIRD PARTY BENEFICIARIES INTENDED. It is the intention of the City that this financial Guarantee given by the Developer is limited to a contract between the City and the Developer for the express purposes of providing for the protection of City facilities, eliminating conditions which could become public nuisances, and ensuring compliance with a Historic Preservation Plan. It is not intended that this security be available for payment of subcontractors or material suppliers in the nature of a surety bond, or that the security provided become available to the purchasers of Property to correct construction flaws or defects, which are the fault of the Developer. 
      
2. CONSTRUCTION ACCORDING TO APPROVED PLANS.  All construction shall be completed according to the approved plans on which the Building permits were issued. The approved plans shall also include the Site and Public Improvements shown on the Site plan. Where applicable, the approved plans shall also include a Historic Preservation Plan. For purposes of this Code, the term “Site Improvement” shall include all roads, sidewalks, curbs, gutters, drains, drainage works, Grades, walls, landscaping, planting, paving, paths and trails, and similar improvements as shown on the set of plans on which the final approval and Building permits are based. The term “Public Improvement” is defined in Chapter 15 of this Title. The term “Historic Preservation Plan” means a plan approved by the Planning Director and Chief Building Official, or their designees that specifies the Historic character of a Historic Building Structure, Site or Object, and the methods and means a Developer will use to preserve that Historic character during the Building project. Deviations from the approved plans must be approved in advance by the Chief Building Official.
   
3. GUARANTEE FOR COMPLETION. No Certificate of Occupancy will be issued, nor any plat approved when plats are required by this Code, unless the Building and all required Site or Public Improvements are completed, or the Developer has provided adequate security to Guarantee completion of the Site or Public Improvements. When the Site or Public Improvements and the Building cannot be completed simultaneously due to weather conditions or other factors beyond the control of the Developer, excluding financial inability to complete the project, the City may grant plat approval for recording and/or issue Certificates of Occupancy for the project, provided the following conditions are met:
   
   1. The Building or Buildings, or portions thereof, on the Property to be platted or occupied have been constructed in accordance with the approved plans for those Buildings, and are in full compliance with applicable Building and fire codes, and are completed to the extent that only exterior Site or Public Improvement work remains unfinished; and
      
   2. The Building Official determines that occupancy of the Buildings, or portions thereof, prior to completion of required Site or Public Improvements is safe and that Access for emergency vehicles is adequate with the Site or Public Improvements unfinished; and
      
   3. The Developer posts an adequate Guarantee for the benefit of the City to insure completion of the Site or Public Improvements in full compliance with the approved plans within one (1) year from the date of plat approval, if required, or issuance of the Certificate of Occupancy, whichever occurs first.
      
4. AMOUNT OF GUARANTEE FOR SITE OR PUBLIC IMPROVEMENTS. The amount of the Guarantee for Site or Public Improvements to be posted by the Developer, shall be equal to 125% of the amount reasonably estimated by the City Engineer, or his designee, as being necessary to complete remaining Site or Public Improvements as shown on the approved plans. In the event that the Developer disputes the City’s cost estimate, the Developer may prove a lower construction cost by providing binding contracts between the Developer and contractor or subcontractor appropriate to perform the required work as a stated, fixed price. These contracts must be supported by a 100% performance bond, insuring performance by the subcontractor or contractor. Bid proposals are not satisfactory for this purpose. If the contracts submitted are acceptable in form, the amount of security required shall be 125% of the total contract price of all such contracts submitted, plus the estimated reasonable cost of performing any work not covered by the contracts. Specifications in such contracts shall be sufficiently clear to identify the work called for under the contract.
   
5. TERMS OF GUARANTEE. The terms of any Guarantee arrangement offered to the City shall state a date by which the Developer agrees to have Site or Public Improvement work completed in accordance with the plans, and shall further provide that in the event that the Developer has not completed the required Site or Public Improvements work by that date, the City may at its option and on its schedule, draw on the Guarantee by its own act, and shall not be required to obtain consent of Developer to withdraw funds for completion of the work shown on approved plans. The City’s actual costs in administering the completion of work in the event of a default by the Developer shall be reimbursed from the Guarantee.
   
6. FORM OF GUARANTEE. Guarantee arrangements offered in lieu of simultaneous completion of Buildings and Site or Public Improvements shall be in an amount fixed under the terms of Section 15-1-13(D), and shall be in one or more of the following forms:
   
   1. An irrevocable letter of credit issued by a bank authorized to do Business in the State of Utah or an out-of-state bank, provided that a bank authorized to do Business in Utah confirms in writing that it will honor the letter of credit, naming Park City Municipal Corporation as the payee of funds drawn against that letter of credit and Guaranteeing the availability of funds for one (1) year, or
      
   2. A deposit of cash with a third party Escrow, or 
      
   3. A deposit of cash with the City, or
      
   4. Some combination of the above as approved by the City or an approved equal.
      
7. RETAINED AMOUNT. The amount in excess of the actual construction costs, but in no event more than ten percent (10%) of the lesser of the engineer’s original estimated cost of completion or the actual construction cost, shall be held for a period of one (1) year following final inspection and approval of the Site or Public Improvement work by the City. The retained amount may be provided in any of the ways described in Section 15-1-13(F). If the Developer fails to provide a new Guarantee sixty (60) days prior to the expiration of the Guarantee instruments provided for the initial construction under Section 15-1-13(F), the City shall make a demand or draw on that Guarantee to the extent of the required retained amount, and hold the proceeds in cash until and unless other adequate Guarantee, as provided in this Code, is posted by the Developer. The retained amount will be used to replace or repair any Site or Public Improvements, which fail or appear to be defective during the one (1) year period. The corrective work may be done by the City or the Developer. At the completion of that work, the retained amount, or so much of it remains, shall be released. Retained amounts may be drawn and applied to any outstanding fees owed by the Developer to the City, provided that such fees are imposed by ordinance and the amount of the fees is not contested by the Developer.
   
8. MODIFICATION OF PLANS. A Developer may, at its option, request modifications to plans covering Site or Public Improvement work by submitting revised plans to the City for review and action. Until the revised plans have received approval by the City, the Developer shall be required to offer a Guarantee for the performance of the Site or Public Improvement work as shown on the last set of plans to have received City approval. Upon acceptance of revised plans by the Department, the City shall release any cash, credit or other Guarantee held, which is in excess of 125% of the completion cost, estimated, of work shown on the most recently revised plan. If the modification of the plans increases the cost of required Site or Public Improvements, additional Guarantee must be provided by the Developer to cover the increased costs.
   
9. PAYMENT OF INTEREST. The City shall not be required to pay interest to the Developer on any funds in escrow or on cash held by the City as a Guarantee.
   
10. DETAILED SITE PLANS. A detailed Site plan shall be presented, showing the location and nature of drainage works, Grade changes, retaining walls, and landscaping, together with any trails, paths, or walkways that may be included or required under other provisions of the Land Management Code.
    
11. SINGLE FAMILY HOMES. This provision shall apply to all construction in Park City, including single family homes, provided, however, that the amount of Guarantee required for single family homes shall be the reasonably estimated cost to complete construction of any Site or Public Improvements on a labor and materials basis, and the estimated cost to complete landscaping, to the extent necessary to hold the soil in place, on the basis of materials only.
    
12. PHASED PROJECTS. Site or Public Improvements applicable to each phase of a phased project or Development shall be completed or Guarantee for completion provided as each phase is constructed and either platted or occupied. Site or Public Improvements on other phases of the project shall be completed or Guarantee offered as those phases are completed.

Recognizing the length of the planning review process will vary with the size and complexity of each proposal, Applicants must move their Applications either to approval or to denial in a reasonably expeditious manner. The Planning Director may formally deny Applications, which remain inactive for a period of 180 days, or longer, due to acts or omissions of the Applicant. 

1. TERMINATION OF APPLICATIONS. When the Planning Director finds an Application to be inactive, the Planning Director may deny the Application and close the files with respect to that project. No Application shall be denied on the basis of Inaction without giving fourteen (14) days written notice to the Applicant. Such notice must state the intent of the Planning Director to have the Application denied because of Inaction and the right to contest said denial to the Planning Commission.
   
   Delays occasioned by the City shall not constitute cause for terminating an Application.
   
2. REINSTATEMENT. An Applicant may appeal the Planning Director’s denial of an Application for Inaction to the Planning Commission in the same manner as any other appeal. The Planning Commission may reinstate said Application subject to payment of full or partial submission fees, reinstate subject to specific ordinance changes, or deny reinstatement. If reinstatement is denied, the Application is considered formally denied. If the Applicant desires to proceed with the project, the Applicant must submit a new Application and pay new submission fees, and the new Application shall be subject to all ordinances then in effect.

Any Person, firm, partnership, or corporation, and the principals or Agents thereof violating or causing the violation of this LMC shall be guilty of a Class “C” misdemeanor and punished upon conviction by a fine and/or imprisonment described in the current Park City Criminal Code. In addition, the City shall be entitled to bring a civil action to enjoin and/or abate the continuation of the violation.

Private citizens of Park City or Property Owners have the right to file actions to enjoin the continuation of a violation affecting their interests, provided that the plaintiff in such action gives notice of the action to the City Recorder prior to filing the action.

Licenses or permits issued in violation of this LMC are null and void.

1. An Applicant is entitled to a substantive review and approval of a land Use Application if the Application conforms to the requirements of the City's Land Use and Zoning Maps, the municipal specification for public improvements application to a Subdivision or Development, and the applicable land Use ordinance in effect when a Complete Application is submitted and all fees have been paid, unless:
   
   1. the land Use authority, on the record, finds that a compelling, countervailing public interest would be jeopardized by approving the Application; or 
      
   2. in the manner provided by local ordinance and before the Application is submitted, the municipality has formally initiated proceedings to amend its ordinances in a manner that would prohibit approval of the Application as submitted. 
      
2. The municipality shall process an Application without regard to proceedings initiated to amend the municipality’s ordinances if:
   
   1. 180 days have passed since the proceedings were initiated; and
      
   2. the proceedings have not resulted in an enactment that prohibits approval of the Application as submitted.
      
3. An Application for a land Use approval is considered submitted and complete when the Application is provided in a form that complies with the requirements of applicable ordinances and all applicable fees have been paid. 
   
4. 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. 
   
5. A municipality is bound by the terms and standards of applicable land Use ordinances and shall comply with mandatory provisions of those ordinances.

1. STAFF. Final Action by either the Planning Director or Planning Staff may be appealed to the Planning Commission. Final Action regarding the Design Guidelines for Historic Districts and Historic Sites shall be reviewed by the Historic Preservation Board.
   
2. HISTORIC PRESERVATION BOARD (HPB). The City or any Person with standing adversely affected by any decision of the Historic Preservation Board may be appealed to the Board of Adjustment, except that HPB Final Action on appeals from Planning Staff or the Planning Director regarding the Design Guidelines for Historic Districts and Historic Sites may be appealed to District Court in Summit County. 
   
3. PLANNING COMMISSION. The City or any Person with standing adversely affected by a Final Action by the Planning Commission on appeals of Staff action may petition the District Court in Summit County for a review of the decision. Final Action by the Planning Commission concerning Conditional Use permits (excluding those Conditional Use permits decided by Staff and appealed to the Planning Commission; final action on such an appeal shall be appealed to the District Court) and MPDs may be appealed to a City Land Use Hearing Officer. Only those decisions in which the Planning Commission has applied a land Use ordinance to a particular Application, Person, or Parcel may be appealed to an appeal authority. 
   
   1. LAND USE HEARING OFFICER APPOINTMENT AND QUALIFICATIONS. The appointment of the Land Use Hearing Officer shall be made after publicly noticed request for qualifications. Qualifications shall include a weighted priority for the following: five years or more of prior experience in an adjudicative or local government land use position, and a legal degree. A Land Use Hearing Officer shall have the ability to:
      
      1. Conduct quasi-judicial administrative hearings in an orderly, impartial and highly professional manner.
         
      2. Follow complex oral and written arguments and identify key issues of local concern.
         
      3. Master non-legal concepts required to analyze specific situations.
         
      4. Absent any conflict of interest, render findings and determinations on cases heard, based on neutral consideration of the issues, sound legal reasoning, and good judgment.
         
   2. PROCESS. Any hearing before a Land Use Hearing Officer shall be recorded and may be held electronically upon the approval of the Land Use Hearing Officer. The City Recorder or designee shall maintain a written record of the hearing and Final Action. Any appeals pending at the time this section is adopted, or filed before September 15, 2025, will be heard by outside counsel to the former Appeal Panel unless a Hearing Officer has been appointed under subsection C of this section.
   3. TERM. The appointment of Land Use Hearing Officer(s) shall be for terms of three (3) years.
      
4. STANDING TO APPEAL. The following have standing to appeal a Final Action: 
   
   1. A Land Use Applicant: a property owner, or the property owner's designee, who submits a Land Use Application regarding the property owner's land; 
      
   2. An Adversely Affected Party: a person other than a Land Use Applicant who:
      1. owns Property within three hundred feet (300') of the boundary of the subject site; or
      2. will suffer a damage different in kind than, or an injury distinct from, that of the general community as a result of the Land Use Decision.  
         
   3. A Property Owner, Business Owner, or Resident Who Commented: a person who submitted written comment or testified on a proposal before the Planning Department, Historic Preservation Board, or Planning Commission and is also either:
      1. a person who owns real property within Park City municipal boundaries; or
      2. a person who owns a business that operates within Park City municipal boundaries; or
      3. a person who is a resident of Park City. A resident is a person who is registered to vote in the Park City municipal boundaries and who resides within Park City municipal boundaries at the time the comment is submitted.
         
5. TIMING. All appeals must be made within ten (10) calendar days of the Final Action except for an appeal from a decision by the historic preservation authority which is a decision by Staff regarding the Design Guidelines for Historic Districts and Historic Sites or a decision by the Historic Preservation Board regarding a land use application, the applicant may appeal the decision within thirty (30) days after the day on which the historic preservation authority issues a written decision. The reviewing body, with the consultation of the appellant, shall set a date for the appeal. All appeals shall be heard by the reviewing authority within forty-five (45) days of the date that the appellant files an appeal unless all parties, including the City, stipulate otherwise.
   
6. FORM OF APPEALS. Appeals to the Planning Commission, Board of Adjustment, or Historic Preservation Board must be filed with the Planning Department. Appeals to a Land Use Hearing Officer must be filed with the City Recorder. Appeals must be by letter or petition, and must contain the name, address, and telephone number of the petitioner; the petitioner's relationship to the project or subject Property; and a comprehensive statement of all the reasons for the appeal, including specific provisions of the law, if known, that are alleged to be violated by the action taken. The Appellant shall pay the applicable fee established by resolution when filing the appeal.
   
7. BURDEN OF PROOF AND STANDARD OF REVIEW. The appeal authority shall act in a quasi-judicial manner. The appellant has the burden of proving that the land use authority erred. The appeal authority shall review factual matters on the record, with deference to the land use authority. The appeal authority shall determine the correctness of the land use authority's interpretation and application of the plain meaning of the land use regulations, and interpret and apply a land use regulation to favor a land use application unless the land use regulation plainly restricts the land use application. All appeals must be made in writing. Review of petitions of appeal shall be limited to consideration of only those matters raised by the petition(s). The land use authority may not review discretionary or quasi-legislative approvals pursuant to the zoning ordinance, including but not limited to granting additional height, setbacks, or parking exceptions pursuant to performance zoning or site improvements in MPD and AMPD applications. Appeals of such determinations shall be directly to District Court in Summit County.
   
8. NON-ADVERSARIAL PROCESS. For all appeals before a Land Use Hearing Officer, and any Board or Commission, the following shall apply:
   1. The procedural hearings and reviews established by the City's regulatory procedures does not adopt or utilize in any way the adversary criminal or civil justice system used in the courts.
      
   2. The role of City staff, including legal staff, is to provide technical and legal advice and professional judgment to each appeal authority, as they are not advocates of any party or position in a dispute, notwithstanding the fact that their technical and legal advice and professional judgment may lead them to make recommendations concerning the matter.
      
   3. In the absence of clear evidence in the record that a staff member has lost impartiality as a technical adviser, the City's need for consistent, coherent and experienced advisers outweighs any claims of bias by the applicant.
9. WRITTEN FINDINGS REQUIRED. The Land Use Hearing Officer shall direct staff to prepare detailed written Findings of Fact, Conclusions of Law and the Order.
   
10. LAND USE HEARING OFFICER ACTION ON APPEALS. 
    
    1. The Land Use Hearing Officer, with the consultation of the appellant and City staff, shall set a date for the appeal. 
       
    2. The City Recorder shall notify the Property Owner and/or the Applicant of the appeal date. The City Recorder shall obtain the findings, conclusions and all other pertinent information from the Planning Department and shall transmit them to the Land Use Hearing Officer. 
       
    3. The Land Use Hearing Officer may affirm, reverse, or affirm in part and reverse in part any properly appealed decision of the Planning Commission. The Land Use Hearing Officer may remand the matter to the appropriate body with directions for specific Areas of review or clarification. 
       
    4. The Land Use Hearing Officer must prepare written findings within fifteen (15) working days of the hearing on the matter. 
       
11. CITY COUNCIL RETAINS FINAL AUTHORITY. Subject to the requirements of Utah Code Sections 10-9a- 532(2)(a)(iii) and 10-9a-804, as amended, the City Council may modify any Final Action of any land use application by settlement, development agreement, or consent agreement. Such approvals must be at an open, public meeting.
    
12. NOTICE. There shall be no additional notice for appeals of Staff determination other than listing the matter on the agenda, unless notice of the Staff review was provided, in which case the same notice must be given for the appeal. Notice of appeals of Final Action by the Planning Commission and Historic Preservation Board; notice of all appeals to the Hearing Officer, or reconsiderations, shall be given as provided in Section 15-1-21. 
    
13. STAY OF APPROVAL PENDING REVIEW OF APPEAL. Upon the filing of an appeal, any approval granted under this Title will be suspended until the appeal body, pursuant to this Section 15-1-18 has acted on the appeal.  
    
14. APPEAL FROM THE HEARING OFFICER. The Applicant or any Person aggrieved by City action on the project may appeal the Final Action by a Land Use Hearing Officer to a court of competent jurisdiction. The decision of a Land Use Hearing Officer stands, and those affected by the decision may act in reliance on it unless and until the court enters an interlocutory or final order modifying the decision.
    
15. RECONSIDERATION. The City Council, and any Board or Commission, may reconsider at any time any legislative decision upon an affirmative vote of a majority of that body. The City Council, and any Board or Commission, may reconsider any quasi-judicial decision upon an affirmative vote of a majority of that body at any time prior to Final Action. Any action taken by the deciding body shall not be reconsidered or rescinded at a special meeting unless the number of members of the deciding body present at the special meeting is equal to or greater than the number of members present at the meeting when the action was approved.

In order to promote the protection of private Property rights and to prevent the physical taking or exaction of private Property without just compensation, the City Council and all Commissions and Boards shall adhere to the following before authorizing the seizure or exaction of Property:

1. TAKINGS REVIEW PROCEDURE. Prior to any proposed action to exact or seize Property by the City, the City Attorney shall review the proposed action to determine if a constitutional taking requiring "just compensation" would occur. The City Attorney shall review all such matters pursuant to the guidelines established in subsection (B) below. Upon identifying a possible constitutional taking, the City Attorney shall, in a confidential, protected writing, inform the Council, commission or board of the possible consequences of its action. This opinion shall be advisory only. No liability shall be attributed to the City for failure to follow the recommendation of the City Attorney.
   
2. TAKINGS GUIDELINES. The City Attorney shall review whether the action constitutes a constitutional taking under the Fifth or Fourteenth Amendments to the Constitution of the United States, or under Article I, Section 22 of the Utah Constitution. The City Attorney shall determine whether the proposed action bears an essential nexus to a legitimate governmental interest and whether the action is roughly proportionate and reasonably related to the legitimate governmental interest. The City Attorney shall also determine whether the action deprives the private Property Owner of all reasonable Use of the Property. These guidelines are advisory only and shall not expand nor limit the scope of the City's liability for a constitutional taking.
3. APPEAL. Any Owner of private Property who believes that his/her Property is proposed to be "taken" by an otherwise Final Action of the City may appeal the City's decision to the Takings Appeal Board within thirty (30) days after the decision is made. The appeal must be filed in writing with the City Recorder. The Takings Appeal Board shall hear and approve and remand or reject the appeal within fourteen (14) calendar days after the appeal is filed. The Takings Appeal Board, with advice from the City Attorney, shall review the appeal pursuant to the guidelines in subsection (B) herein. The decision of the Takings Appeal Board shall be in writing and a copy given to the appellant and to the City Council, Commission or Board that took the initial action. The Takings Appeal Board's rejection of an Appeal constitutes exhaustion of administrative remedies rendering the matter suitable for appeal to a court of competent jurisdiction.
4. TAKINGS APPEAL BOARD. There is hereby created a three (3) member Takings Appeal Board. The City Manager shall appoint three (3) current members of the Board of Adjustment to serve on the Takings Appeal Board. If, at any time, three (3) members of the Board of Adjustment cannot meet to satisfy the time requirements stated in subsection (C), the City Manager shall appoint a member or sufficient members to fill the vacancies.

Exaction or exactions may be imposed on Development proposed in a land Use Application if:

1. An essential link exists between a legitimate governmental interest and each exaction; and
   
2. Each exaction is roughly proportionate, both in nature and extent, to the impact of the proposed Development. 

The City may impose an exaction for another government entity upon the governmental entity's request. If the City imposes an exaction on behalf of another governmental entity, the City must transfer the exaction to the requesting governmental entity.