A.

Appointment. The Mayor shall, subject to the approval of the City Council, appoint a Planning Commission to consist of seven members, plus two alternates who shall serve without pay, except for reasonable and legitimate expenses approved by the City Council.

B.

Alternates. Alternates may act in the place of any absent member at any meeting of the commission.

C.

Terms. The members shall be appointed for a period of four years and are subject to removal with or with cause by the City Council. The terms of two commissioners shall expire each year except in the year that mayoral election is held, when the terms of one commissioner plus both alternates shall expire.

D.

Quorum. Four members shall constitute a quorum to conduct business. All actions taken shall be by majority vote of the membership present.

E.

Attendance. Attendance of any member or members at regularly scheduled meetings may be enforced by the chairperson of the commission in the same manner as provided for enforcing the attendance of City Council members.

F.

Clerk. The Community Development Department shall provide a person to act as clerk of the Planning Commission.

G.

Training. The City shall provide initial and ongoing training regarding the duties, responsibilities and City regulations for all commission members and alternates. Attendance at training is required of members and alternates.

H.

Bylaws. The Planning Commission may adopt a set of bylaws or rules of procedure.

I.

Chairperson. The commission members, or commissioners, shall elect their own chairperson for a term and in the manner specified by the commission's bylaws. The chairperson of the Planning Commission:

1.

Shall preside at all meetings of the commission; and

2.

Shall vote as a regular member but shall not make or second motions.

J.

Chairperson's Absence. During the temporary absence or disability of the chairperson, the Planning Commission shall elect one of its members to act as chairperson pro tem.

K.

Responsibilities.

1.

The Planning Commission makes recommendations to the City Council for:

a.

The general plan and amendments to the general plan;

b.

The Land Use Map, and amendments to the Land Use Map;

c.

Amendments to land use ordinances;

d.

Proposed Application processes and the delegation of power under the land use ordinance.

2.

The Planning Commission acts as land use authority as specified in this Code.

3.

The Planning Commission acts as appeal authority for certain Land Use Decisions, as specified in this Code.

4.

The Planning Commission may provide public notice of a pending ordinance by scheduling the matter for consideration or by declaring a pending ordinance in an open public meeting.

(Ord. No. 2020-02, § IV(Exh. C), 1-8-2020)

A.

The Community Development Director shall prepare staff reports for consideration by the Planning Commission and City Council and provides administrative support for the Planning Commission.

B.

The Community Development Director accepts all and Use Applications and ensures they are forwarded to the designated Land Use Authority in a timely manner.

C.

The Community Development Director may propose amendments to the South Salt Lake City General Plan, Land Use and Development Code, and Official Land Use Map.

D.

The Community Development Director may provide public notice of a pending ordinance on the Public Notice Website.

(Ord. No. 2020-02, § IV(Exh. C), 1-8-2020)

Pursuant to state law, the following administrative land use authority designations are made:

A.

Planning Commission. The Planning Commission is the land use authority on issues of: Subdivision and Subdivision Plat approval; vacating, altering or amending a Subdivision Plat; Conditional Use permit Applications; design review for Building Heights as established in this Title; design review for projects on Parcels where any portion of the Parcel abuts any residential district; and the issuance of a Building or demolition permit in a Historic and Landmark district.

B.

Community Development Director. The Community Development Director is designated as the land use authority on issues of Permitted Use Applications, Temporary Use permits, Sign permits, Home Occupation license approval, design review, reasonable accommodation, Nonconforming Use determinations, and decisions regarding amortization of legal, Nonconforming Uses. The Community Development Director issues Building Permits and business licenses.

C.

The Community Development Director may certify a design review Application or a Permitted or Conditional Use Application to the Planning Commission if the Community Development Director finds that the Application raises unique problems or is likely to have a significant impact upon neighboring properties or the City as a whole. When such Applications are certified to the commission, the commission acts as the land use authority.

(Ord. No. 2020-02, § IV(Exh. C), 1-8-2020)

A.

Official Decisions in Writing. Decisions on each land use Application submitted to the Community Development Department shall be made in a timely manner by the land use authority and are not official until reduced to writing.

B.

Applications Submitted to Department. All Applications related to land use must be submitted to the Community Development Department, who shall direct the Application to the proper land use authority for decision.

C.

Director Authority Over Building Permits. No Building Permit shall be issued without the regulatory approval of the land use authority.

D.

Pre-payment of Fees Required. Permits are not considered submitted unless the established fee has been paid by the Applicant and any of the City's projected out of pocket costs are deposited into the trust account.

E.

Expiration. An Application shall expire if an Applicant fails to respond to a City request for information or revision to submitted materials for a period in excess of 180 days.

(Ord. No. 2020-02, § IV(Exh. C), 1-8-2020)

Fees for Applications and permit requests are established by resolution in the City's Consolidated Fee Schedule or by ordinance codifying such fees.

(Ord. No. 2020-02, § IV(Exh. C), 1-8-2020)

A.

Public Hearings. Public hearings shall be conducted for the following Land Use Decisions:

1.

When enacting or amending zoning ordinances or the Land Use Map, a hearing before the Planning Commission is required;

2.

Vacation or amendment of platted Street, Right-of-Way or easement;

3.

Annexation policy plans and Applications;

4.

Vacating or changing a Subdivision Plat;

5.

Any other Land Use Decision for which a public hearing is required by law.

B.

Public Comment. Public comment may also be allowed in any public meeting at the discretion of the land use authority. Except as provided above, a land use authority need not allow public comment where a public hearing is not required by this Section or state law.

C.

Public Meetings. All Land Use Decisions made by the Planning Commission shall be rendered during open and public meetings. The Community Development Director may also conduct public meetings related to land use Applications or other land use issues when the Community Development Director deems it appropriate to do so.

(Ord. No. 2020-02, § IV(Exh. C), 1-8-2020)

A.

Required Notice. The land use authority shall schedule and hold any required public hearing or public meeting according to the provisions of this Code and state statute. Public notices for Land Use Decisions shall be given in accordance to state statute. The City shall provide notice of the date, place, and time of public hearings or public meetings within the timeframes established by this Section, or such lesser or greater time as provided by state law.

B.

Mailed Notices. Notice shall be provided by first class mail to property Owners and affected entities as established below:

1.

Conditional Use Permits and Design Review Approvals. Notice shall be mailed seven days prior to the public meeting to any property Owners within a three-hundred-foot radius of the Property Lines of the Plat on which the Conditional Use or design review is proposed.

2.

Right-of-Way Vacations. Notice shall be given in accordance to state statute. Notices shall be mailed ten days prior to the public hearing to the following parties:

a.

Any property Owner whose property is accessed by the portion of the Right-of-Way that is proposed to be vacated.

b.

Any property Owners within 600 feet of the portion of the public Right-of-Way that is proposed to be vacated.

c.

All property Owners whose property is in between the portion of the Right-of-Way to be vacated and the nearest Street intersection.

3.

Subdivision Plat Approvals and Amendments to Subdivision Plats. Notice shall be given in accordance to state statute. Additional notices shall be mailed ten days prior to the public hearing to any property Owners within a 600-foot radius of the boundary of the proposed Subdivision Plat.

4.

Zoning and Future Land Use Map Amendments. Notice shall be given in accordance to state statute. Additional notices shall be mailed ten days prior to the public hearing to any property Owners within a 600-foot radius of the boundary of the proposed zoning or future Land Use Map amendment.

5.

Ordinance and General Plan Amendments. Notice shall be given according to state statute.

6.

Applicant/Agent Responsibility for Mailed Notices. An Applicant/agent seeking a decision by the land use authority for which a public notice is required shall submit to the City at the time directed by the Community Development Department, one set of printed address labels and a corresponding number of stamps and envelopes for mailed notices for property Owners as required by the municipal Code or state statute. It shall be the Applicant's sole responsibility to ensure that the list of property Owners and the address labels are accurate and complete. The list of property Owners shall be obtained from current records maintained by the Salt Lake County Recorder's Office. The City shall provide notice using the address labels and postage provided by the Applicant.

C.

Publication of Notices. Notices shall be published by the following methods, unless otherwise provided for by state statute.

1.

Public notices shall be published on the City's website and on the state's public notice website at least ten days prior to a public hearing, and at least seven days prior to a public meeting.

2.

A hard copy of any public notice issued by the land use authority shall be posted at City hall at least 24 hours prior to a public hearing or a public meeting.

D.

Posting on Site. Notification signage shall be posted on the property or land for which a Conditional Use permit, design review, Right-of-Way vacation, Subdivision Plat approval, amendment to a Subdivision Plat, or zoning or future Land Use Map amendment is considered. Notice shall be posted as directed by the Community Development Department and shall be clearly visible from the Right-of-Way. The sign(s) shall be provided to the Applicant/agent by the City and shall be posted by the Applicant/agent at least seven (7) days prior to the scheduled public hearing or public meeting.

(Ord. No. 2020-02, § IV(Exh. C), 1-8-2020; Ord. No. 2021-06, § XXII, 5-26-2021; Ord. No. 2022-16, § 1(Exh. A), 9-14-2022)

The Mayor may form a standing Development Committee composed of City staff, property Owners, or elected and appointed officials to comment on land use Applications and render advice to Applicants. The recommendations of the Development Committee are advisory only. Consideration by the Development Committee is not a pre-requisite for Application approval.

(Ord. No. 2020-02, § IV(Exh. C), 1-8-2020)

A.

Authority. The Community Development Director is authorized to enforce the provisions of this Code through either criminal or civil proceedings.

B.

Delegation. The Community Development Director may delegate enforcement authority to any City official. No written delegation of power is necessary.

C.

Violations. Any Building or Use of land or any construction thereon which was not authorized by or under the City Code which is illegal under such ordinances, shall remain unauthorized and illegal unless expressly authorized or permitted in the provisions of this Code. The Use or continuation of such a Use or construction is punishable under this Code.

D.

Number of Offenses. Every person, firm or corporation shall be deemed responsible or guilty of a separate offense for each and every day that a violation is committed or continued.

E.

Criminal Penalties. Violations of the provisions of this Code are class B misdemeanors, subject to criminal prosecution, unless otherwise specifically enumerated or limited by law.

F.

Civil Penalties. Violations of the provisions of this Code may also be pursued through administrative citation or summons, as provided in Title 8, Chapter 14, Code Enforcement Program. Orders of abatement may be issued by the City pursuant to those provisions.

G.

Remedies.

1.

The City, or any adversely affected Owner of real estate within the City in which violations of this Code occur or are about to occur, may, in addition to other remedies provided by law, institute:

a.

Injunctions, mandamus, abatement, or any other appropriate action; or

b.

Proceedings to prevent, enjoin, abate or remove the unlawful Building, Use, or act.

2.

The City need only establish the violation to obtain an injunction.

3.

The City may, in addition to other remedies provided by law, enforce the ordinance by:

a.

Withholding Building Permits; or

b.

Taking action to cancel any permit or approval for failure to comply with the terms of any permit or approval. The land use authority that issued the permit or approval shall consider the matter preceded by at least ten calendar days' notice. Cancellation or revocation of a permit or approval may be appealed in the same manner as the original action.

H.

Nuisance and Abatement. All Buildings or Uses of land which are established, conducted, or maintained contrary to the provisions of this Code shall be and are declared to be unlawful and a public nuisance. In addition to other remedies provided by the law, the City Attorney may immediately commence a court action or proceedings for abatement, removal or injunction to correct the nuisance. These remedies are cumulative to other civil and criminal actions, and not exclusive.

(Ord. No. 2020-02, § IV(Exh. C), 1-8-2020; Ord. No. 2020-06, § VII, 6-3-2020)