A.   Applicant Notice: For each land use application, the city shall 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 a pending application by:

      1.   Contacting the applicant by phone at the number listed for the applicant on the land use application at least three (3) days before the public hearing or public meeting; and

      2.   Providing to each applicant a copy of each staff report regarding the application or the pending application at least three (3) business days before the public hearing or public meeting.

If the city fails to comply with the requirements of subsection A1 or A2 of this section or both, an applicant may waive the failure so that the application may stay on the public hearing or public meeting agenda and be considered as if the requirements had been met.

   B.   Notice Of Intent To Prepare A General Or Comprehensive General Plan Amendment:

      1.   Before preparing a proposed general plan or a comprehensive general plan amendment, the city shall provide ten (10) calendar days' notice of its intent to prepare a proposed general plan or a comprehensive general plan amendment to:

         a.   Each affected entity;

         b.   The automated geographic reference center created in section 63F-1-506 of Utah Code Annotated;

         c.   Mountainland Association of Governments (MAG); and

         d.   The state planning coordinator appointed under section 63J-4-202 of Utah Code Annotated.

      2.   Each notice under subsection B1 of this section shall:

         a.   Indicate the city intends to prepare a general plan or a comprehensive general plan amendment;

         b.   Describe or provide a map of the geographic area that will be affected by the general plan amendment;

         c.   Be sent by mail, e-mail, or other effective means;

         d.   Invite the affected entities to provide information for the city to consider in the process of preparing, adopting, and implementing the general plan or amendment concerning:

            (1)   Impacts that the use of land proposed in the proposed general plan or amendment may have; and

            (2)   Uses of land within the city that the affected entity is considering that may conflict with the proposed general plan or amendment; and

         e.   Include the address of an internet website, and the name and telephone number of a person where more information can be obtained concerning the city's proposed general plan or amendment.

   C.   Notice Of Public Hearings And Public Meeting To Consider General Plan Modifications:

      1.   The City shall provide:

         a.   Notice of the date, time, and place of the first public hearing to consider the original adoption or any modification of all or any portion of a General Plan; and

         b.   Notice of each public meeting on the subject.

      2.   Each notice of a public hearing under subsection C1(a) of this section shall be at least ten (10) calendar days before the public hearing and shall be:

      a.   Mailed to each affected entity; and

      b.   Posted:

         (1)   In at least three (3) public locations within the City; and

         (2)   On the City's official website; and

         (3)   Published on the Utah Public Notice Website created in Section 63F-1-701.

      3.   Each notice of a public meeting shall be at least twenty four (24) hours before the public meeting and shall be:

         a.   Submitted to a newspaper of general circulation in the area; and

         b.   Posted:

            (1)   In at least three (3) public locations within the City; or

            (2)   On the City's official website. (Ord. 2006-15, 9-5-2006)

   D.   Notice Of Public Hearings And Public Meetings On Adoption Or Modification Of Land Use Regulation:

      1.   The City shall give:

         a.   Notice of the date, time and place of the first public hearing to consider the adoption or any modification of a land use ordinance; and

         b.   Notice of each public meeting on the subject.

      2.   Each notice of a public hearing shall be:

         a.   Mailed to each affected entity at least ten (10) calendar days before the public hearing;

         b.   Posted:

            (1)   In at least three (3) public locations within the City; and

            (2)   On the City's official website; and

            (3)   Published on the Utah Public Notice Website created in Section 63F-1-701; and

         c.   Mailed at least ten (10) days before the public hearing to:

            (1)   Each property owner whose land is directly affected by the land use ordinance change, unless the change generally and equally affects all properties within a particular zoning district, or within the entire City; and

            (2)   Each adjacent property owner within three hundred feet (300') of the land which is the subject of the application.

      3.   Each notice of a public meeting under D1(b) of this subsection shall be at least twenty four (24) hours before the public meeting and shall be:

         a.   Posted:

            (1)   In at least three (3) public locations within the City; and

            (2)   On the City's official website; and

            (3)   Published on the Utah Public Notice Website created in Section 63F-1-701.

      4.   A municipality shall send a courtesy notice to each owner of private real property whose property is located entirely or partially within a proposed zoning map enactment or amendment at least 10 days before the scheduled day of the public hearing.

         a.   The notice shall:

            (1)   Identify with specificity each owner of record of real property that will be affected by the proposed zoning map or map amendments;

            (2)   State the current zone in which the real property is located;

            (3)   State the proposed new zone for the real 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;

            (5)   State that the owner of real property may no later than 10 days after the day 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;

            (6)   State the address where the property owner should file the protest;

            (7)   Notify the property owner that each written objection filed with the municipality will be provided to the municipal legislative body; and

            (8)   State the location, date, and time of the public hearing described in Utah Code Section 10-9a-502.

         b.   If a municipality mails notice to a property owner in accordance with subsection D.2.c.(2) for a public hearing on a zoning map or map amendment, the notice required in this subsection 4 may be included in or part of the notice described in subsection D.2.c.(2) rather than sent separately.

   E.   Notice For A Proposed Subdivision Or Amendment Or A Multiple-Unit Residential, Commercial, Or Industrial Development:

      1.   For a proposed subdivision or an amendment to a subdivision, the City shall provide notice of the date, time and place of a public hearing that is:

         a.   Mailed not less than ten (10) calendar days before the public hearing to each record owner of property within three hundred feet (300') of the land that is the subject of the application; and

         b.   Posted not less than ten (10) calendar days before the public hearing on the land that is the subject of the application in a visible location, with a sign of sufficient size, durability, and print quality that is reasonably calculated to give notice to passersby.

      2.   For a proposed preliminary plat describing a multi-unit residential, commercial, or industrial development, the city shall provide notice of the date, time and place of a public hearing that is:

         a.   Mailed to each affected entity.

      3.   Any subdivision that involves the vacation, alteration, or amendment of a street shall provide notice as required by subsection F of this section.

   F.   Notice For A Proposal To Vacate, Alter, Or Amend A Street:

      1.   For any petition to vacate some or all of a public street or municipal utility easement the legislative body shall:

         a.   Hold a public hearing; and

         b.   Give notice of the date, place, and time of the hearing, as provided in Subsection (2).

      2.   At least 10 days before the public hearing under Subsection (1)(a), the legislative body shall ensure that the notice required under Subsection (1)(b) is:

         a.   Mailed to the record owner of each parcel that is accessed by the public street or municipal utility easement;

         b.   Mailed to each affected entity;

         c.   Posted on or near the public street or municipal utility easement in a manner that is calculated to alert the public; and

         d.   Published on the website of the municipality in which the land subject to the petition is located until the public hearing concludes; and

         e.   Published on the Utah Public Notice Website created in Section 63F-1-701.

   G.   Notice For All Other Land Use Applications Not Specified In Subsections B Through F Of This Section:

      1.   For all land use applications not previously listed, the city shall give:

         a.   Notice of the date, time and place of a public hearing to consider the land use application; and

         b.   Notice of each public meeting on the land use application.

      2.   Each notice of a public hearing shall be at least ten (10) calendar days before the public hearing and shall be:

         a.   Mailed to each property owner within three hundred feet (300') of the land that is the subject of the application; and

         b.   Posted:

            (1)   In at least three (3) public locations within the city; and

            (2)   On the city's official website; and

            (3)   Posted not less than ten (10) calendar days before the public hearing on the land that is the subject of the application in a visible location, with a sign of sufficient size, durability, and print quality that is reasonably calculated to give notice to passersby;

            (4)   Published on the Utah Public Notice Website created in Section 63F-1-701.

      3.   Each notice of a public meeting shall be at least twenty four (24) hours before the public meeting and shall be:

         a.   Posted:

            (1)   In at least three (3) public locations within the city; and

            (2)   On the city's official website; and

            (3)   Published on the Utah Public Notice Website created in Section 63F-1-701.

   H.   Applicant Responsibility:

      1.   It shall be the sole responsibility of the applicant to provide the following information to Pleasant Grove City with respect to required mail notices for all site specific applications:

         a.   A list of all properties within three hundred feet (300') of the perimeter of the subject property with mailing address for the property owner.

         b.   One set of stamped and addressed (with property information from subsection H1a of this section but no return address) envelopes for each hearing body the application will be presented to.

   I.   Notice Challenge:

      1.   If notice given under authority of this section is not challenged as provided by state law within thirty (30) days from the date of the meeting for which notice was given, the notice is considered adequate and proper. (Ord. 2006-15, 9-5-2006; amd. Ord. 2017-26, 5-16-2017; Ord. 2021-14, 5-4-2021)

   A.   Submission To Planning Commission; Petition: This planning and zoning title, including the generalized land use and zoning maps, may be amended by the city council after said amendments shall have first been submitted for recommendation to the planning commission. For the purpose of establishing and maintaining sound, stable and desirable development within the city, it is declared to be the public policy that amendments shall not be made to the planning and zoning title and maps except to promote more fully the objectives and purposes of this title or to correct manifest errors. Any person seeking an amendment to the planning and zoning title or maps shall submit to the planning commission a written petition containing the following information:

      1.   A designation of the specific zone change or title amendment desired.

      2.   The reason and justification for such zone change or title amendment, and a statement setting forth the manner in which a proposed amendment or zone would further promote the objectives and purposes of this title as set forth in section 10-1-2 of this title.

      3.   A complete and accurate legal description of the area proposed to be rezoned, or a draft of the proposed title amendment.

      4.   An accurate plan, drawn to scale, showing all areas to be included within the proposed rezoning, designating the present zoning of the property subject to the petition, and properties immediately adjacent thereto, i.e., properties within one thousand feet (1,000') of the proposed rezoning area.

      5.   The filing fee as established by chapter 4 of this title.

   B.   Public Hearing; Guidelines For Consideration: Upon receipt of a petition by the planning commission, the commission shall hold a public hearing in accordance with the provisions of section 10-2-1 of this chapter before submitting recommendations to the city council. Before recommending an amendment to this title, it must be shown that such amendment is in the interest of the public, and is consistent with the goals and policies of the city general plan. The following guidelines shall be used to determine consistency with the general plan:

      1.   If a parcel rezoning falls within one of the use or residential density categories indicated on the generalized land use plan map, the planning commission shall find the proposal consistent with the plan.

      2.   If a parcel rezoning is not consistent with the plan map, the planning commission will review the plan's written policies to determine whether the proposal would undermine or conflict with them. If the commission determines that the proposal does not conflict with or undermine the plan's policies, it shall find the proposal consistent with the plan.

      3.   In cases where a conflict arises between the general plan map and general plan policies, precedence shall be given to the plan policies.

      4.   In cases where more than one zoning designation exists on a parcel, and where new development is proposed, the following shall apply:

         a.   If all zoning designations comply with the city's general plan land use map, the regulations of the dominant zoning (covering a majority of the total land area of the parcel) shall apply. The land area designated as the grove zone shall be exempt from this rule. For such parcels in the grove zone, refer to section 10-14-11 of this title regarding this subject;

         b.   If any nondominant zoning designations on a parcel do not comply with the city's general plan land use map, the applicant shall initiate a rezone process to consider establishing one zone for the entirety of the parcel. A rezone of the noncompliant area(s) of the parcel must occur prior to the approval of a development site plan.

      5.   In cases where no new development, additions or significant changes are proposed on a parcel having more than one zoning designation, the provisions of chapter 17, "Nonconforming Uses", of this title shall apply.

   C.   Nonrefundable Fee: The fee provided herein shall not be returnable and shall be applied to the general fund to offset the cost of legal publications, notification of property owners, and the staff time involved in researching the appropriateness of said request and its effect upon the general welfare of the community. (Ord. 2009-9, 4-7-2009)

   A.   Authorized; Conditions: The Hearings Officer may authorize, upon appeal, such variances from the terms of this title as will not be contrary to the public interest, where owing to the special conditions the literal enforcement of the provisions of this title will result in unnecessary hardship; provided, that the spirit of this title shall be observed and substantial justice done. Before any variance may be authorized, however, it shall be shown that:

      1.   The variance will not substantially affect the General Plan of zoning and that adherence to the strict letter of this title will cause unnecessary difficulties and hardships.

      2.   There are special circumstances attached to the property covered by the application that do not generally apply to other properties in the same neighborhood.

      3.   Because of special circumstances, property covered by this application is deprived of privileges possessed by other properties in the same neighborhood; and

      4.   The granting of the variance is essential to the enjoyment of a substantial property right possessed by other property in the same neighborhood.

   B.   Application For Variance; Information: Applications for variance shall be filed with the Hearings Officer. Said application shall contain the following information:

      1.   A description of the requested variance, together with a designation of that ordinance provision from which relief is being requested.

      2.   An accurate plot plan, if appropriate, indicating the manner in which the variance will be applied and its effect upon adjacent properties.

      3.   A filing fee as established by chapter 4 of this title.

   C.   Public Hearing: Upon receipt of an application by the Hearings Officer, the Hearings Officer shall hold a public hearing in accordance with procedures set forth in section 10-2-1 of this chapter. (Ord. 2017-29, 5-16-2017)

   A.   Authorized: The Planning Commission may, subject to the procedures and standards set forth in this chapter, grant, conditionally grant or deny an application for a conditional use permit for uses allowed by the chapter or article for the applicable zone. The purpose of a conditional use permit is to allow proper integration of uses into the community which may only be suitable in specific locations and which may have potentially detrimental characteristics if not properly designed, located and conditioned.

   B.   Standards: The following standards shall apply to any request for a conditional use permit:

      1.   A conditional use permit may be granted if the subject use will not be detrimental to the health, safety or general welfare of persons residing in the vicinity or injurious to property in the vicinity.

      2.   A proposed conditional use shall be detrimental to the health, safety or general welfare of persons residing in the vicinity or injurious to property in the vicinity, if:

         a.   The use will cause unreasonable risks to the safety of persons or property because of vehicular traffic or parking, large gatherings of people, or other causes;

         b.   The use will unreasonably interfere with the lawful use of surrounding property;

         c.   The use will create a need for essential City services which cannot be reasonably met;

         d.   The use will in any other way be injurious to property in the vicinity. (Ord. 2000-23, 7-18-2000)

      3.   A change in the market value of real estate shall not be a basis for the approval or denial of a proposed conditional use. (Ord. 2000-23, 7-18-2000; amd. 2003 Code; Ord. 2004-19, 8-17-2004)

      4.   If a part of a proposed conditional use is found to be contrary to the standards described in this section, the applicant shall propose curative measures to achieve the standards described in this section.

   C.   Application For Permit: Application for a conditional use permit shall be made on a form authorized by the Planning Commission, and shall be filed with the Community Development Department and accompanied by the following:

      1.   Plats, plans or drawings drawn to scale showing the location and dimensions of buildings, streets and other improvements on or near the subject property which may be affected by the proposed use and showing the nature and extent of those effects. (Ord. 2000-23, 7-18-2000)

      2.   A filing fee as established by chapter 4 of this title. (Ord. 2000-23, 7-18-2000; amd. Ord. 2004-19, 8-17-2004)

   D.   Public Hearing: Prior to granting a conditional use permit and after receipt of reports and recommendations, the Planning Commission shall hold a public hearing in accordance with the provisions of section 10-2-1 of this chapter.

   E.   Conditions May Be Imposed: The Planning Commission may impose conditions on the issuance of a conditional use permit, including, limitations on the size or shape of buildings; the dedication, relocation or development of streets; installation and up sizing of utility mains; screening or landscaping to protect adjacent properties; the elimination or relocation of windows or doors to protect the public and adjacent property from the detrimental features of the proposed use; or the requirement of additional parking; or other changes. The Planning Commission may require that the applicant prepare and record covenants running with the land which under the conditions are binding upon the applicants and their successors. No building permit shall be issued until any required conditional use permit has been obtained.

   F.   Unlawful Uses: Any use contrary to the conditional use permit or any use prior to obtaining such a permit when one is required under this title or any use inconsistent with the conditional use permit after it has been issued is unlawful and may be enjoined by the City. (Ord. 2000-23, 7-18-2000)

   G.   Appeals: Any appeals to the decision of the Planning Commission regarding the issuance or denial of a conditional use permit shall be heard by the Hearings Officer as outlined in section 10-2-5 of this chapter. (Ord. 2017-29, 5-16-2017)

   H.   Enforcement: The Community Development Department will issue, maintain and monitor for compliance all conditional use permits. (Ord. 2000-23, 7-18-2000)

   A.   Authorized: Appeals regarding the conditional use permit are subject to title 2, chapter 4 of this Code. (Ord. 2000-23, 7-18-2000)

   B.   District Court Appeal: Any person aggrieved by or affected by any decision of the Hearings Officer shall appeal to the District Court as provided by State law and not to the City Council. Petitions for such relief shall be presented to the court within thirty (30) days after the final decision by the Hearings Officer. (Ord. 2017-29, 5-16-2017)

Unless otherwise specified in the action granting a conditional use permit, a permit which has not been utilized within twelve (12) months from the effective date shall become null and void. Once any portion of the conditional use permit is used, the other portions and conditions related thereto become immediately operative and must be strictly complied with. Utilization shall be construed to mean pouring of concrete, or commencement of framing or construction, or commencement of the use or uses for which the permit was granted. (Ord. 2000-23, 7-18-2000)

   A.   Authorized; Hearing: The Planning Commission, on motion, may hold a hearing upon the question of modification or revocation of a conditional use permit granted under or pursuant to the provisions of this chapter. In cases where the conditional use permit was granted by the City Council, the hearing to modify or revoke the permit shall also be held by the City Council.

   B.   Notice Of Hearing: Notice of said hearing shall be made in a manner prescribed by section 10-2-1 of this chapter.

   C.   Conditions: A conditional use permit may be modified or revoked if the Community Development Department finds one or more of the following and so notifies the Planning Commission or City Council:

      1.   The use permit was obtained by misrepresentation or fraud.

      2.   The use for which the permit was granted is not being exercised.

      3.   The use for which the use permit was granted has ceased or has been suspended for six (6) months.

      4.   The conditions imposed upon said use permit have not been complied with.

      5.   The use is detrimental to the health, safety or general welfare of persons residing in the vicinity or injurious to property in the vicinity, except that a change in the market value of real estate shall not be considered an injury to property. (Ord. 2008-9, 4-15-2008)

Any property which, for any reason, is not designated on the official zoning map as being classified in any of the zones established hereby, or any property in the process of annexation, or annexed to or consolidated to the City subsequent to the effective date of this section, shall be deemed to be classified as an A-1 Zone unless a zone description is assigned as part of the annexation process, until the property can be otherwise classified in the manner set forth in section 10-2-2 of this chapter, subsequent to the annexation. (Ord. 2000-23, 7-18-2000; amd. 2003 Code; Ord. 2004-19, 8-17-2004)

   A.   Required: No building or structure shall be erected or substantially altered, including additions, without submission to the Planning Commission or the City Council (if the site falls within the Grove District boundaries), and approval thereby, of a project plan. A project plan (often referred to as "site plan") shall demonstrate compliance of the subject project with all applicable provisions of this title and title 11 of this Code. Refer to section 11-7-7 of this Code for site plan submittal, review, and procedural requirements. (Ord. 2009-9, 4-7-2009)

No building shall be a "historic building" unless the Planning Commission, upon advice and counsel of the City Historic Preservation Commission, shall find, after notice and a public hearing, that the conditions and standards described in the definition of "historical building", section 10-6-2 of this title, have been met. (Ord. 2000-23, 7-18-2000)

   A.   Authorized: The City Council may, without a public hearing, enact ordinances establishing temporary zoning regulations for any part or all of an area within the City if:

      1.   The legislative body makes a finding of compelling, countervailing public interest; or

      2.   The area is unzoned.

   B.   Effect Of Temporary Regulations: Those temporary zoning regulations may prohibit, restrict or regulate the erection, construction, reconstruction or alteration of any building or structure, or subdivision approval. (Ord. 2000-23, 7-18-2000)

   C.   Effective Time Limited: Temporary ordinances shall not exceed six (6) months; unless specifically extended for an additional six (6) months by the City Council. (Ord. 2000-23, 7-18-2000; amd. 2003 Code)

The Community Development Department shall prepare and maintain a Land Use Code which shall contain an alphabetical list of use classifications used in this title, together with the definitions and explanations of the Planning Commission concerning the same. (Ord. 2009-9, 4-7-2009)

   A.   Minor site plan proposals, which do not significantly deviate from the current land use and zoning regulations, may be exempt from review by the Planning Commission or City Council, but must be approved by the Community Development Director or designee as long as the following criteria are met:

      1.   Minor relocation of building pads or dwelling units due to conditions such as unanticipated topography, road alignment or easements; provided, that the modification does not significantly alter the site design in terms of parking layouts, vehicular circulation, landscape design and other similar components of the development plans and, provided ordinance requirements are still met.

      2.   An increase or decrease in a proposed setback, provided ordinance requirements are still met.

      3.   A minor modification to an open space design, but no elimination or a significant reduction.

      4.   A minor change to landscape design/plant material changes.

      5.   A minor change to the exterior architecture design and materials, provided there is no violation to the ordinance. (See section 10-15-28 of this title.)

      6.   See section 10-14-7 of this title for regulations concerning the Grove Zoning District. (Ord. 2009-9, 4-7-2009)