1. Permit issuance; scope. From the time of the effective date of the ordinance from which this title is derived, the building inspector shall not grant a permit, nor shall any city office, department or agency shall not grant any license or permit for the use of any land or the construction or alteration of any building or structure which was not approved prior to the effective date of the ordinance from which this chapter is derived which would be in violation of any provisions of this title until said land use, building or structure has been approved as herein required. Any license or permit issued in conflict with such provisions shall be void.
2. Conflicts. Should any permit or license issued after the effective date of the ordinance from which this title is derived conflict with the provisions of this title, such permit or license shall be null and void.

(Code 1998, § 10-3-1; Zon. Ord., 5-8-1991; Ord. No. 003-2011, 3-22-2011; Ord. No. 2019-024, 11-12-2019)

1. No land or building hereafter structurally altered or constructed shall be used, changed in use or occupied until a certificate of zoning compliance shall have been issued by the city. The certificate shall state that the building or the proposed use of land complies with the provisions of this title and that in the case of a nonconforming use that the degree of nonconformity is not increased in any way. A certificate for the whole or a portion of a building or structure shall be applied for simultaneously with the application for a building permit and shall be issued within ten days after the building or structure shall have been completed in conformance with the provisions of this title.
2. Homeowners' associations may have deed restrictions for construction of any structure. They may have additional regulations regarding building materials, height and location. Any regulations that exceed city requirements will be enforced through the homeowners' associations or deed restrictions.

(Code 1998, § 10-3-4; Zon. Ord., 5-8-1991; Ord. No. 003-2011, 3-22-2011; Ord. No. 2019-024, 11-12-2019)

1. Referral. All requests for permits in districts which involve uses listed as a conditional use in PCC 10-5-1 and 10-6-1 shall be referred to the city administrative land use authority.
2. Fees. The city administrative land use authority chairperson may collect a fee to cover the costs of advertising and/or mailing of announcements to property owners warranting notification as deemed necessary by the city administrative land use authority.
3. Public hearing. Applicants shall supply suitable plans and information concerning the location, function and characteristics of any use proposed to the city administrative land use authority chairperson prior to the scheduling of any public meeting or hearing. The decision of whether or not to hold a public hearing shall be at the discretion of the city administrative land use authority.
4. Approval; rejection. The city administrative land use authority may approve, conditionally approve, or reject the request. If approval is granted, the city administrative land use authority chairperson shall issue the conditional use permit. If approval is conditional, then said conditions shall be attached to the permit to ensure compliance with the intent and purposes of this title.
5. Standards. A conditional use permit shall be approved if reasonable conditions can be imposed to mitigate the reasonably anticipated detrimental effects of the proposed use in accordance with the following standards:
   1. Conditions may be imposed on a proposed conditional use:
      1. To mitigate the effects of the proposed use on the health, safety, or general welfare of persons residing, working, or conducting business in the vicinity;
      2. To mitigate injury to property in the vicinity;
      3. To mitigate any risk to safety of persons or property because of vehicular traffic or parking, large gatherings of people, or other causes;
      4. To mitigate unreasonable interference with the lawful use of surrounding property;
      5. To mitigate the need for essential municipal services which cannot be reasonably met;
      6. To mitigate the exposure of minors to activities appropriately restricted to adults; and
      7. To better conform the proposed use to the principles and objectives of the zoning regulations and general plan.
   2. Conditions may be imposed on a conditional use permit, including, but not limited to, limitations on the size and shape of buildings; the dedication, rededication and/or development of streets; installation and upsizing 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; restrictions in signage, lighting, and on-premises advertising, including the number, location, color size, height, lighting, and landscaping of signs; increased set-back distances; appropriate design, construction, and location of structures, buildings, and facilities in relation to an earthquake fault which may exist on the property, and limitations and/or restrictions to use and/or location of use due to special site conditions, including, but not limited to, geologically hazardous areas, floodplains, fault zones, and landslide areas; limitation and/or restrictions on the use and/or locations of uses in sensitive areas due to soils capabilities, wildlife, and plant life; processes for the control, elimination, or prevention of land, water, or air pollution; the prevention of soil erosion; and the control of objectionable odors and noise; the planting of ground cover or other surfacing to prevent dust and erosion; or the requirement of additional parking or other changes.
   3. The city administrative land use authority may require that the applicant prepare and record covenants running with the land which under the conditions are binding upon the applicant and their successors.
   4. A conditional use permit may be denied if the proposed use cannot be substantially mitigated by reasonable conditions imposed in accordance with these standards. A conditional use permit may not be denied, however, if the denial violates state or federal law.
   5. A conditional use permit for an adult-oriented business shall be denied if any portion of the parcel of land upon which the proposed adult-oriented business is to be located within 600 feet of any parcel of land upon which is located a church, park, school, establishment licensed to sell or dispense beer or alcohol, or another adult-oriented business, or within 600 feet of any parcel of land zoned for any residential use

(Code 1998, § 10-3-5; Zon. Ord., 5-8-1991; Ord. No. 004-2007, 1-23-2007; Ord. No. 003-2011, 3-22-2011; Ord. No. 2019-024, 11-12-2019)

State law reference—Conditional uses, U.C.A. 1953, § 10-9a-507.

1. Classification. New area annexed to the city shall be annexed into the city as an agricultural zone, or as an already defined zone per the city's map, Future Rezoning of Existing Districts and Annexed Areas of the City of Providence, Utah; any other zoning proposal shall be submitted to the planning commission for consideration and recommendation to the city council, unless otherwise approved by the city council as provided in the state code, as may be amended. Any annexation shall be accomplished in accordance with state law. Notification must be delivered to each landowner involved or to any person owning land adjacent to the land involved by the petitioner.
2. Application; fee. Formal application for annexation will require the payment of an application fee which will be applied to administrative costs, including, but not limited to, publication fees, staff review fees, postage, etc., Professional fees such as legal and engineering fees incurred by the city will be billed, as billed by the professional firm, to the contact sponsor. The application fee will be set by a resolution of the city council.
3. Petition. The annexing parties must provide an annexation petition and plat in accordance with state law.
   1. In addition to the petition and plat, the applicant shall provide the following information:
      1. A list, including the mailing address, of each affected entity, as defined in U.C.A. 1953, § 10-2-401.
      2. A list, including the mailing address, of each adjacent property owner, as defined in PCC 1-3-2.
      3. Feasibility study addressing the following:
         1. All utilities/services, including, but not limited to, transportation/streets, water, sewer, storm drain, gas, power, and communication services will be provided to this area.
         2. Any sensitive areas, including, but not limited to, those listed in PCC chapter 10-5 and the Disaster Mitigation Plan Bear River Region Utah.
      4. A development plan that shows:
         1. The topographic character of the land, and any major grading intended;
         2. Proposed land uses, population densities, and building intensities;
         3. Proposed circulation pattern indicating both public and private streets;
         4. Proposed parks, playgrounds, school sites, and other open spaces;
         5. A market analysis of proposed uses, if required by the planning commission;
         6. Delineation of the units to be constructed in progression, if any; and relation of the proposed development to future land use in surrounding area and as shown on the general plan.

(Code 1998, § 10-3-6; Zon. Ord., 5-8-1991; Ord. No. 003-02, 3-26-2002; Ord. No. 014-2003, 11-25-2003; Ord. No. 003-2011, 3-22-2011; Ord. No. 2019-024, 11-12-2019)

State law reference—Annexed territory, U.C.A. 1953, § 10-9a-506.

1. Permit required.
   1. Zoning clearance shall be required for all utility and communications facilities; aboveground, major.
   2. Building permits shall be required for all utility and communications facilities; aboveground, major in accordance with the building code adopted by the city.
   3. Zoning clearance shall be required for all utility and communications facilities; aboveground, minor with the following exception:
      1. Companies that have entered into a franchise agreement with the city. However, facilities must be placed in accordance with PCC 10-9-2. In addition, facilities must not block or limit use of a sidewalk, walking path, trail, etc.

(Code 1998, § 10-3-7(part); Ord. No. 003-2011, 3-22-2011; Ord. No. 2019-024, 11-12-2019)