This section describes the standard procedures and rules applicable to all development applications, unless otherwise stated in this LDC. If provisions of this section conflict or are inconsistent with another section of this LDC, then the most restrictive provision shall apply, as determined by the Director. Common review procedures include seven steps, as described in §§ 13.43.020 through 13.43.080. Application-specific procedures are also included that identify additional procedures and rules beyond those in this section and clarify if a specific step does not apply to a particular application type. (Ord. 24-02, 1-3-2024)

   A.   Purpose : The pre-application meeting is intended to provide an opportunity for city staff and referral agencies to discuss details and potential impacts of proposed projects and to establish points of contact. Staff may review the zoning classification of the site, the applicable regulatory ordinances and materials, applicable procedures, and examine the proposed use and development of the property. Staff may advise the applicant in preparing the application and supporting documents as necessary.

   B.   Applicability: A pre-application meeting shall be required as indicated in this LDC.

   C.   Procedure:

      1.   A request for a pre-application meeting must be submitted in writing to the Community Development Department.

      2.   A schedule of meeting dates will be provided upon request; however, pre-application meetings are generally held weekly, or as needed. The request deadline for a pre-application meeting is at least six calendar days prior to the desired pre-application meeting date. Lack of adequate information may result in the request for a pre-application meeting to be postponed until sufficient information related to the request is provided.

      3.   Staff will inform the person requesting the pre-application meeting of the time, date, and location of the meeting.

   D.   Effect: Any information or discussions held at the pre-application meeting shall not be binding on the city, referral agencies, or the person that requested the meeting. Discussions of potential conditions to mitigate impacts do not reflect actions by a decision-making body until and unless a decision-making body takes formal action to attach that condition to an application.

   E.   Other Meetings: This does not preclude an interested party from meeting with the Director and/or staff to discuss concepts, development, zoning, or other items as part of the owner or other party's due diligence or investigatory processes. (Ord. 24-02, 1-3-2024)

   A.   Authority to Submit Application:

      1.   Unless expressly stated otherwise in this LDC, applications, permits, or processes under this LDC shall be submitted by:

         a.   The owner, contract purchaser, or other person having a recognized property interest in the land on which development is proposed, as evidenced by a notarized letter or document signed by the owner or contract purchaser; or

         b.   A person authorized to submit the application on behalf of the owner, contract purchaser, or other person having a recognized property interest in the land, as evidenced by a notarized letter or document signed by the owner or contract purchaser.

         c.   If there are multiple owners authorized to submit the application, the owner of at least fifty percent (50%) of the land involved shall provide a notarized letter or document consenting to the application.

      2.   The restrictions in (A)(1) above do not apply to city-initiated applications pursuant to Utah Code and other applicable laws.

   B.   Application Content: The application shall be submitted to the Community Development Department via the city's online application portal. Staff are available to assist as needed at City Hall during regular business hours.

      1.   The applicant shall ensure that an application contains sufficient information to demonstrate compliance with this LDC and other applicable review criteria for which approval is sought.

      2.   The Community Development Department will not begin processing an application until the application materials submitted are determined to be complete and sufficient in accordance with § 13.43.030(C): Determination of Application Completeness.

      3.   If the proposal is for a project to be developed in phases, the application shall be for all permits and approvals required for that phase of the project for which approval is sought.

   C.   Determination of Application Completeness:   

      1.   Applications:

         a.   Upon receiving an application, the Director shall determine whether the application is complete. A complete application is one that contains all information and materials required by this LDC, and that has sufficient detail and readability to evaluate the application for compliance with applicable review standards of this LDC.

         b.   An application shall not be accepted nor deemed to be complete until a pre-application meeting as required this LDC has been satisfied and all required application fees, as established in Chapter 3.16: Development Fees, of the Taylorsville Code of Ordinances, have been paid.

      2.   Incomplete Applications:

         a.   Upon determining that the application is incomplete, the Director shall notify the applicant in writing of any submittal deficiencies. The applicant may correct the deficiencies and resubmit the application for a determination of completeness until the Director determines the application is complete.

         b.   An application shall not be reviewed for compliance with this LDC or scheduled for a public meeting or public hearing by any review or decision-making body until it is determined to be complete according to this section.

         c.   Upon determining that the application is complete, the Director shall accept the application for review in accordance with the procedures and standards established in this LDC.

   D.   Application Revisions:

      1.   An applicant may revise an application following a determination that the application is complete prior to any formal action taken by a review or decision-making body.

      2.   Revisions shall be limited to changes that directly respond to specific requests or suggestions made by staff, review, or decision-making bodies.

      3.   All other application revisions shall be processed as a new application, except those that constitute only minor additions, deletions, or corrections to the request, as determined by the Director.

   E.   Abandoned Applications: If a complete application has been reviewed and comments provided to the applicant for correction, but a resubmittal addressing staff-noted deficiencies has not been received within six months of staff providing the applicant with the comments, such application shall be deemed abandoned and all fees forfeited. The applicant may request, and the Director may grant one three-month extension to address staff-noted deficiencies. In extenuating circumstances, the Director may grant an additional six (6)-month extension period beyond the three (3)-month extension outlined above. If an application is abandoned, a new application shall be filed with the Community Development Department.

   F.   Application Withdrawal:

      1.   After an application has been accepted for review, the applicant may withdraw the application by submitting a signed letter of withdrawal to the Director before the city takes action by a vote of the decision-making body or by rendering an administrative decision.

      2.   An applicant is not entitled to a refund of application fees for withdrawn applications; however, application fees may be refunded at the Director's discretion if staff and review agencies have not provided the applicant with review comments and a public notice has not been sent.

   G.   Concurrent Applications:

      1.   Whenever an application requires review under the provisions of more than one permit, approval, or process, staff may schedule the review procedures and hearings so that review for each different permit, approval, or process can be scheduled on the same agenda, to the extent practicable.

      2.   Review and decision-making bodies considering applications submitted simultaneously shall render separate recommendations and decisions on each application based on the specific standards applicable to each approval.

      3.   Some forms of approval depend on the applicant having previously received another form of approval or require the applicant to take particular action within some time period following the approval to avoid having the approval lapse. Therefore, even though this LDC intends to accommodate simultaneous processing, applicants should note that each of the permits and approvals set forth in this LDC has its own timing and review sequence, and so as a result, concurrent filings are not guaranteed to expedite the respective timing and review sequences of any particular permit or approval.

   H.   Authorization of Site Inspection: By submitting an application, the applicant is authorizing city officials to inspect the subject property being considered for development at any reasonable time to obtain the information required for review of compliance with this LDC.

   I.   Examination of Application and Other Documents: Upon reasonable request, and during normal business hours, any person may examine an application and materials submitted in support of, or in opposition to, an application in the Community Development Department. (Ord. 24-02, 1-3-2024)

   A.   Referral to Staff and Review Agencies: Upon acceptance of an application in accordance with § 13.43.030: Step 2: Application Submittal and Processing, the Director shall distribute the complete application to appropriate staff and review agencies.

   B.   Referral to Planning Commission

      1.   If this LDC authorizes the Director to make a decision, and the Director determines that the application is unusually complex, requires greater scrutiny or public involvement, or raises potentially unique or serious impacts on the city or the surrounding development and/or neighborhood(s), the Director may refer the application to the Planning Commission for decision pursuant to the same criteria that the Director would have been required to apply to that application. If the Director refers the application to the Planning Commission, the Director shall notify the applicant in writing and include an explanation of why the application has been referred to the Planning Commission.

      2.   In cases where the Director refers the decision to the Planning Commission, a notice for a public meeting shall be provided in accordance with this LDC.

      3.   The Director shall not refer a final plat application to the Planning Commission for decision.

   C.   Application Review and Revisions: The Director shall review the application and shall consult with applicable city departments and participating reviewing agencies with jurisdiction over public health and safety or required public services, as necessary. The Director shall submit recommendations and comments to the applicant. The application will not move forward for further review until the Director determines that the applicant has adequately responded to the city's recommendations and comments, or the applicant requests that the application move forward without responding to the city's recommendations and comments.

   D.   General Review Criteria: All applications subject to Director review and/or decision as indicated by this LDC shall be subject to the following review criteria and shall only be approved if the request complies with these criteria.

      1.   Compliance with this LDC: The proposed use and development shall comply with all applicable standards in this LDC, unless the standard is lawfully modified or varied through a procedure established in this LDC or by court order.

      2.   Compliance with the General Plan: Streets, parks, or other public ways, ground, places, spaces, publicly owned buildings or structures, and public utilities, whether publicly or privately owned, shall conform to the current General Plan.

      3.   Compliance with Other Applicable Regulations: The proposed use and development shall comply with all other city regulations and with all applicable regulations, standards, requirements, or plans of the federal, state, and county governments and other relevant entities with jurisdiction over the property or the current or proposed use of the property.

      4.   Compliance with Prior Approvals: The proposed use and development shall be consistent with the terms and conditions of any prior land use approval, plan, or plat approval for all or part of the property that is in effect and not proposed to be changed. This includes consistency with any approved phasing plan(s) for development and installation of public improvements and amenities.

      5.   Phased Development: If the proposal involves phases, each phase of the proposed development shall contain all of the required streets, utilities, landscaping, open space, and other improvements that are required by this LDC and other city ordinances to provide adequate public facilities and comply with the project's cumulative development to-date and shall not depend upon subsequent phases for those improvements unless approved by separate agreement. (Ord. 24-02, 1-3-2024)

Reserved by Ord 24-02, 1-3-2024.

See Chapter 13.35: Notice Requirements. (Ord. 24-02, 1-3-2024)

   A.   Director Decision:

      1.   If an application is subject to a final decision by the Director, as indicated in this LDC, the Director's decision shall be based on the review standards applicable to the specific application type. The Director may also refer any application to the Planning Commission in accordance with § 13.43.040(B): Referral to Planning Commission.

      2.   The Director shall approve, approve with conditions, or deny the application based on the applicable review criteria listed in the application-specific procedures.

      3.   The decision shall be provided to the applicant(s) in writing and shall clearly state reasons for a denial, or conditions of approval.

      4.   Any appeal of an administrative decision shall be made pursuant to Chapter 13.34: Appeals and Variances.

   B.   Director Recommendation:

      1.   Staff Report: Unless otherwise specified in the application-specific procedures in this LDC, if an application is subject to Director review and recommendation to another review or decision-making body, the Director shall prepare a written staff report that summarizes the proposal, findings, and staff recommendations.

      2.   Distribution and Availability of Application and Staff Report: The Director shall submit a copy of the staff report to the applicant and the review and/or decision-making body and shall make the staff report and related materials available for public review prior to the public meeting or public hearing at which the application is scheduled to be heard.

   C.   Planning Commission Decision:

      1.   If an application is subject to a final decision by the Planning Commission, the application shall be subject to review, hearings, recommendations, and decisions as indicated in this LDC.

      2.   For applications subject to a public hearing, the Planning Commission shall hold a public hearing in accordance with this LDC, and state law.

      3.   The Planning Commission shall consider the application, relevant support materials, staff report, and any evidence and public comments from the public hearing (as applicable).

      4.   The Planning Commission shall approve, approve with conditions, or deny the application based on the applicable review criteria listed in the application-specific procedures. The Planning Commission may also table or continue the item pursuant to adopted policies and procedures.

      5.   The Planning Commission shall clearly state the factors considered in making its decision, as well as the basis or rationale for the decision. The Director shall notify the applicant in writing regarding the Planning Commission decision or action and shall clearly state reasons for a denial or conditions of approval.

   D.   Planning Commission Recommendation:

      1.   If an application is subject to a recommendation by the Planning Commission, the recommendation shall be based on the applicable review criteria listed in the application-specific procedures in this LDC.

      2.   For applications subject to a public hearing, the Planning Commission shall hold a public hearing in accordance with this LDC, and state law.

      3.   The Planning Commission shall consider the application, relevant support materials, staff report, and any evidence and public comments from the public hearing (if required).

      4.   The Planning Commission shall forward a positive or negative recommendation to the City Council based on the applicable review criteria listed in the application-specific procedures. The Planning Commission may also table or continue the item pursuant to adopted policies and procedures. If a Planning Commission motion fails, the item shall be referred to the City Council without a formal Planning Commission recommendation.

      5.   The Planning Commission shall clearly state the factors and rationale considered in making its recommendation. The Director shall notify the applicant in writing regarding the Planning Commission recommendation and shall clearly state reasons for a negative recommendation or conditions of approval.

   E.   City Council Decision:

      1.   If an application is subject to a final decision by the City Council, the City Council's decision should be based on the applicable review criteria listed in the application-specific procedures in this LDC.

      2.   The City Council shall consider the application, relevant support materials, staff report, Planning Commission recommendation (if applicable), and any evidence and public comments.

      3.   The City Council shall approve, approve with conditions, or deny the application based on the applicable review criteria listed in the application-specific procedures. The City Council may also table or continue the item pursuant to adopted policies and procedures.

      4.   The Director shall notify the applicant in writing regarding the City Council decision or action. (Ord. 24-02, 1-3-2024)

   A.   Building or Grading Permit Approval:

      1.   A building or grading permit shall not be issued until all permits, reviews, guarantees of improvement (bonds), or approvals required by this LDC have been secured.

      2.   The securing of one required review or approval shall not exempt the recipient from the necessity of securing any other review or approval required by this LDC.

   B.   Expiration of Approval:

      1.   An approval shall be valid as authorization for the approved activity unless it expires in accordance with expiration time periods listed in the application-specific procedures in this LDC.

      2.   A change in ownership of the land shall not affect the established expiration time period of an approval, unless otherwise stated in this LDC.

   C.   Extension Requests:

      1.   The original decision-making body may grant an extension of the original approval by no more than twelve (12) months, following a written request from the applicant explaining reasonable cause for such extension, prior to the expiration date. The original decision-making body may also delegate approval authority for extension request(s) to the Director when such delegation is included in the original motion to approve the application. The original decision-making body or the Director, as applicable, shall determine whether or not there is reasonable cause for the requested extension and grant the extension for the minimum time-frame necessary, based on the criteria below.

      2.   In all requests for a time extension, the applicant shall provide substantial and verifiable evidence showing that:

         a.   Despite the good faith efforts of the applicant, circumstances beyond their control have prevented the timely pursuit of the development and completion of the necessary requirements within the originally authorized time period; or

         b.   The applicant has completed substantial property improvements, incurred substantial nonrecoverable monetary expenditures or commitments, or has completed supporting development improvements, or retained the services for preparation of supporting data in reliance upon the approval of the request.

         c.   In either instance, the applicant is, in good faith, continuing to diligently pursue implementation of the development to the degree authorized by the city and the applicant shall be current on all city fees and has no code violations or environmental, health, or safety issues existing on the property.

         d.   In extenuating circumstances, the original decision-making body or the Director, as applicable, may grant an additional six-month extension period beyond the twelve (12)-month extension outlined above, subject to the same criteria established in paragraph (2) above.

   D.   Bound by Submissions: A recipient of any permit or approval under this LDC shall be bound by the representations and information submitted in the original application and in any revision, amendment, or supplement to the original application that is provided to the review and decision-making body prior to issuance of the permit or other approval, except with respect to any detail required as a condition of approval by the decision-making body.

   E.   Modification or Amendment of Approval: The following provisions apply to all proposed modifications or amendments of final approvals previously granted by the city unless another provision of this LDC provides different standards, criteria, or procedures for modifications or amendments to specific types of approvals.

      1.   Minor Changes: Development authorized by any approval under this LDC may incorporate minor changes from the approved plan, or permit, without the need for a new application, provided that the Director determines in writing that the proposed changes:

         a.   Comply with the standards of this LDC;

         b.   Are necessary to meet conditions of approval imposed by the final decision-making body;

         c.   Do not require legislative action by the City Council;

         d.   Do not change in the use or character of the development.

         e.   Do not increase in the overall density or intensity of use.

         f.   Do not result in a significant increase in the overall coverage of the site by structures.

         g.   Do not reduce approved open space or proposed amenities.

         h.   Do not reduce the number of required off-street parking.

         i.   Do not result in a significant alteration to pedestrian, vehicular and bicycle, circulation, and utility networks; and

         j.   Do not reduce required street pavement widths.

      2.   Major Changes:

         a.   Any modification of an approved plan or permit that the Director determines does not meet the criteria in subsection (1) above shall require a new application that is submitted and reviewed in accordance with the full procedure and fee requirements applicable to the application-specific procedure of the original or applicable application.

         b.   The Director shall determine in writing whether the proposed modification or amendment represents an alteration in the function, form, intensity, character, demand on public facilities, or impact on adjacent properties as originally approved. The applicant shall provide the Director with all the necessary information to render this determination.

   F.   Limitation on Subsequent Similar Applications: Following denial of an application, the decision-making body shall not decide on applications for the same property that are the same or substantially similar within one year of the previous denial. This waiting period may be waived by the decision-making body provided that:

      1.   There is a substantial change to circumstances or new information available relevant to the issues or facts considered during the previous application review; or

      2.   The new application is materially different from the previous application.

   G.   Appeals: Unless a specific procedure is provided in this LDC, the following provisions apply to appeals of decisions under this LDC.

      1.   Administrative Decision:

         a.   An administrative decision may be appealed by a land use applicant or adversely affected party to the Hearing Officer, pursuant to the procedure set forth in Chapter 13.34: Appeals and Variances. Any appeal shall be filed with the City Recorder within ten (10) calendar days of the administrative decision.

         b.   Any person adversely affected by a decision of the Hearing Officer may appeal that decision to the district court in accordance with Utah Code § 10-9a-801, as amended.

      2.   Non-Administrative Decision: In accordance with Utah Code § 10-9a-7, any person that has standing to obtain judicial review of a non-administrative decision by the Hearing Officer or City Council as it relates to this this LDC, may appeal according to the judicial review process established in state law. Such appeal shall be filed at the appropriate venue in the judicial district where the land affected by the decision is located and shall be filed no later than thirty (30) days after the date of the decision. (Ord. 24-02, 1-3-2024)