A. Interpretation Of Zoning Ordinance: Any use of land that is not plainly designated as an allowed use in the zone is prohibited. A specific land use category supersedes one that is more general or broader in scope. For example, if a land use has been specified (e.g., dry cleaners) in this title, and it has not been listed as a permitted use in a zone, it is prohibited in the zone, even if a use that is more general or broader in scope is permitted (e.g., general commercial) in the zone.

B. Land Use Decision Required: No development may commence, or land use changed or expanded, without a final land use decision, which determines that the development, or the change or expansion, is allowed in the zone and complies with all land use regulations.

C. Water Acknowledgment Required: All new land use applications must submit with the application an acknowledgment signed by both the applicant developer and the owner(s) of all real property which are part of the application that:

A. Scale used;

B. Direction of north point;

C. Lot lines, adjacent streets or rights-of-way, easements, and landscaped areas showing types of ground cover and trees;

D. Location of all existing structures on the property, including driveway entrances, utility poles, etc.;

E. Location of the proposed construction and improvements, including setbacks, location and dimensions of signs, location of garbage receptacles, etc.;

F. Motor vehicle access, including individual parking stalls, circulation patterns, curb, gutter and sidewalk locations;

G. Any necessary explanatory notes; and

H. Name, address and telephone number of building contractor and owner. (Ord. 2019-10-002, 10-10-2019)

A. Compliance With Title: No city officer or employee shall issue any license or permit for development activity in violation of the provisions of Utah state law, or any other provisions of this title. Any license or permit issued in conflict with Utah state law, or any other provisions of this title, is void.

B. All departments, officials and public employees of the city, vested with authority to make land use decisions and/or issue the permits or licenses provided for herein, shall conform to the land use regulations and shall issue no permit or license for uses, buildings or purposes where the same would be in conflict with any provision of this title.

C. Conditions For Issuance: In addition to all other conditions required by law, no building, development, or subdivision permit for any development or subdivision shall be issued until the following conditions have been met:

D. Notwithstanding the provisions of subsection C of this section, if the permitting is for the purpose of installing the essential infrastructure for the project, grading permits may be issued upon approval of final construction drawings and prior to the approval or recording of a final plat.

E. Occupancy Permit: Unless otherwise agreed to in writing by the city and applicant, or unless conditioned as part of a development approval, certificates of occupancy shall be issued under the terms of the adopted state and local construction code. (Ord. 2019-10-002, 10-10-2019; amd. Ord. 2022-07-009, 7-28-2022)

A. In the event the city council denies an application to change a zoning map, land use map, regulation, or the general plan, or in the event the application is withdrawn, the planning commission shall not consider a new or revised application for the same change within a period of one (1) year from the date of such denial action, unless the conditions upon which the application was based have substantially changed. A new or revised application is considered withdrawn if it is not submitted for a decision within six (6) months of filing the initial or revised application.

B. Substantial Change: For purposes of this section, a “substantial change” in an application shall mean a substantial reduction in density and/or land area to be developed, a change in the type or intensity of the proposed use (e.g., residential instead of commercial), or other factors which clearly constitute a substantial change. The community development director or designee shall make a substantial change determination. The city council may adopt, modify, revise, or reject the determination. (Ord. 2019-10-002, 10-10-2019)

A. The following infrastructure improvements are deemed essential for the public health and safety and are required for developments for human occupation: all infrastructure improvements required to meet the building code, fire code, flood and storm water management provisions, street and access requirements, and other applicable public safety improvements adopted in city ordinances or St. George standard specifications for design and construction. Failure to complete all essential improvements may result in the suspension of the building permit. All essential improvements shall be completed prior to recording an approved subdivision plat, or prior to the issuance of a certificate of occupancy, unless the following requirements are met:

B. All required landscaping improvements shall be completed prior to any development activity or the recording of a plat, or issuance of a business license, unless the applicant has provided an improvement completion assurance acceptable to the city in an amount representing one hundred ten percent (110%) of the cost of the improvements. The city shall release all but ten percent (10%) of the assurance once installation has been inspected by the city and shall retain the remaining assurance during the one (1) year warranty period.

C. All required private site development improvements shall be completed prior to recording of a plat, unless the applicant has entered into a development improvement agreement under terms acceptable to the city and is current in its obligations under that agreement.

D. An improvement completion assurance is required. The three (3) acceptable forms of completion assurance are cash, disbursement agreement, or an irrevocable letter of credit. Partial release of an improvement completion assurance is permitted only at the following intervals: upon proof by applicant of fifty percent (50%) of improvement completion, and seventy percent (70%) of improvement completion. Final release of the improvement completion assurance shall occur only upon proof by applicant of one hundred percent (100%) of construction completion. The city shall consider applicant’s proof of construction completion using objective inspection standards by qualified city employees or appointees knowledgeable in landscaping, public infrastructure improvements, or private site development improvements, as applicable.

E. Upon the city’s acceptance of public infrastructure improvements, the applicant shall execute an improvement warranty for the improvement warranty period. (Ord. 2019-10-002, 10-10-2019; amd. Ord. 2022-07-009, 7-28-2022)

A. Vesting:

B. Expiration: Recognizing that the length of the planning, building, and engineering review process will vary with the size and complexity of each proposal, applicants must move their applications either to approval or denial in a reasonably expeditious manner. The city may formally close applications which remain inactive for one (1) year or longer due to acts or omissions of the applicant.