A.   The purpose of the adequate public facilities (APF) management system is to establish an ongoing mechanism which ensures that public facilities and services needed to support development are available concurrently with the impacts of such development.

   B.   This article shall apply to all development in the city . (2001 Code § 89-5-201)

   A.   Adequate Public Facilities Management System Established: In order to implement the city goals and policies, the adequate public facilities management system (APF management system) is hereby established. The APF management system is incorporated into and shall be part of development review procedures, as well as the process for issuance of building permits .

   B.   General Requirements: Approval of all development shall be conditioned upon providing adequate public facilities and services necessary to serve new development. No building permit shall be issued unless such public facilities and services are in place or the commitments described in section 13-7A-5 of this article have been made. Under the APF management system, the following is required:

      1.   The city shall adopt and maintain level of service standards for the following public facilities : water, sanitary sewer, storm drainage, fire and emergency services, and any other public facilities and services required by the city; and

      2.   No site specific development plan or building permit shall be approved or issued if such approval or issuance will result in a reduction in the levels of service below the adopted level of service standards for the affected facility. (2001 Code § 89-5-202; amd. 2009 Code)

For the purpose of review and approval of new development and the issuance of building permits , the city hereby adopts the following level of service standards for the public facilities and services identified in subsection 13-7A-2B1 of this article:

   A.   Water: All development shall provide adequate and functional water lines and stubs to each lot as required by applicable current city water master plans and/or special district design criteria and construction standards.

   B.   Sanitary Sewer: All development shall provide adequate and functional sanitary sewer mains and stubs to each lot as required by applicable current city sanitary sewer master plans and/or special district design criteria and construction standards.

   C.   Storm Drainage: All development shall provide storm drainage facilities and appurtenances as required by this title and by all current city storm drainage master plans, design criteria and construction standards.

   D.   Fire And Emergency Services: All development shall provide fire suppression facilities as required by the fire code. Taking into consideration speed limits and distances of roadways connecting a new development to said fire suppression facilities, fire suppression facilities must be located within a sufficient distance to allow for the following emergency response times to ninety percent (90%) of the calls for emergency fire and medical service :

      1.   Four (4) minutes or less from the end of turnout time for the arrival of the first arriving engine company at a fire suppression incident, and eight (8) minutes or less for the deployment of a full first alarm assignment at a fire suppression incident.

      2.   Four (4) minutes or less from the end of turnout time for the arrival of a unit with first responder or higher level capability at an emergency medical incident.

      3.   Eight (8) minutes or less from the end of turnout time for the arrival of an advanced life support unit at an emergency medical incident where this service is provided by the fire department .

      4.   Four (4) minutes or less from the end of turnout time for the arrival of EMS for providing advanced life support . (2001 Code § 89-5-203; amd. 2009 Code)

(2009 Code; Ord. 13-33, 11-13-2013)

   A.   Standards Specified: The city APF management system shall ensure that public facilities and services to support development are available concurrently with the impacts of development. The following standards shall be used to determine whether a development meets or exceeds the minimum requirements for adequate public facilities:

      1.   For water and wastewater facilities, at a minimum, the city shall require that, at the time of issuance of any building permit issued pursuant to a site specific development plan , all necessary facilities and services, as described in subsections 13-7A-3A and 3B of this article, are in place and available to serve the new development in accordance with the approved utility plan or development agreement for the development.

      2.   For storm drainage facilities, the city shall require that all necessary facilities and services, as described in subsection 13-7A-3C of this article, are in place and available to serve the new development in accordance with the approved drainage and erosion control report, utility plans, or development agreement for such development.

   B.   Installation Schedule: The timing of installation of such facilities and service shall be as follows:

      1.   Where multiple building permits are to be issued for a project, twenty five percent (25%) of the building permits and certificates of occupancy may be issued prior to the installation and acceptance of the drainage facilities. Prior to the issuance of any additional permits, the installation and acceptance of the drainage facilities shall be required.

      2.   For projects involving the issuance of only one building permit and certificate of occupancy, the installation and acceptance of the drainage facilities shall be required prior to the issuance of the certificate of occupancy.

      3.   For fire and emergency services, at a minimum, the city shall require that, at the time of issuance of any building permit issued pursuant to a site specific development plan , all necessary facilities and services, as described in subsection 13-7A-3D of this article, are in place and available to serve the site within the new development where the building is to be constructed in accordance with the international fire code, this title, or a development agreement. (2001 Code § 89-5-204)

   A.   The site plan review process is established to assure that all new development proposed for the city will comply with all applicable zoning and development standards as provided in this code . The general appearance of buildings and structures and the improvement of land shall contribute to an orderly and harmonious appearance and a safe and efficient development. Site plan approval, as described in this article, may also be required for issuance of some conditional use permits.

   B.   Compliance with this article does not excuse the developer from the applicable requirements outlined elsewhere in this code , the international building code, international fire code, or any more restrictive provisions of covenants, agreements or other ordinances or laws.

   C.   It is the intent of this article that any control exercised be the minimum necessary to achieve the objectives as stated above. (2001 Code § 89-5-301; amd. 2009 Code)

   A.   Exceptions to Preliminary and Final Site Plan Reviews: Preliminary and final site plan reviews are required for all developments in all zones, except as provided below:

      1.   Residential Construction: Site Plan review and the associated fees shall not be required for residential dwellings in the residential or agricultural zones.

      2.   Accessory Buildings and Additions: Site Plan review and the associated fees shall not be required for accessory buildings or main building additions in residential or agricultural zones. Site plan review and the associated fees shall not be required for up to two (2) accessory buildings or main building additions per lot in other zones; provided, that the proposed construction meets the following criteria:

         a.   The floor area of each proposed accessory building or main building is not larger than twenty five percent (25%) of the floor area of the existing main building to a maximum of five thousand (5,000) square feet.

         b.   Each proposed accessory building or main building addition meets all zoning requirements.

         c.   Each proposed building or main building addition is architecturally compatible with the existing main building.

      3.   M-1 And SWQ-MU Site Plans: If a subdivisionplat is required, a final plat, as required by the city subdivision ordinance, must be completed before site plans in the M-1 and SWQ-MU zones may be reviewed by the city planner. If the city planner determines that the proposal is of significant size or complexity to warrant review by the planning commission, the developer shall follow the procedures for site plan review by the planning commission.

   B.   Application; Submittal Requirements: Any person or entity who seeks development shall submit an application on the official form provided by the development services department . Submittal requirements shall be as established administratively by the department and shall include, but not be limited to: 1) evidence of ownership or the type of controlling interest in the property; 2) legal description of the property; 3) property owner ; 4) the present zoning classification; 5) the proposed use of the property; and 6) a scaled diagram of the subject parcel and surrounding area. The applicant shall submit the application, together with the applicable fee, to the development department . Applications shall not be reviewed without the written consent of the property owner except as provided herein. The burden of proof for all applications shall be the responsibility of the applicant. (2001 Code §89-5-302; amd. 2009 Code; Ord. 19-50, 12-11-2019, Effective at 12 noon on January 6, 2020; Ord. 22-14, 7-27-2022)

   A.   For large scale developments, 5.1 acres or larger, a preapplication meeting with staff and preliminary site plan review by the planning commission is required. Public notice is required for the preliminary site plan review by the planning commission. The final site plan shall be reviewed for consistency with conditions of the approved preliminary site plan and a decision for approval, or approval with conditions or denial shall be made by staff.

   B.   For small scale developments, five (5) acres or smaller, a preapplication meeting with staff is required. Public notice is required for a preliminary site plan review by the planning commission. Staff may review preliminary and final site plans. However, if the city planner or the planning commission determines that the project is of significant size or complexity, preliminary review and a public hearing will be by the planning commission. (2001 Code § 89-5-303; amd. 2009 Code)

Preliminary and final site plans shall be approved only if:

   A.   The proposed site plan is consistent with the intent of the goals and policies of the general plan and the purpose of the zone district in which the site is located;

   B.   The proposed site development plan's building heights, building locations, access points, topography, and parking areas will not negatively impact adjacent properties or the surrounding neighborhood;

   C.   The proposed development promotes a functional relationship of structures to one another, both on the site and in the surrounding neighborhood;

   D.   The height, location, materials, color, texture, area, setbacks and mass, as well as parts of any structure (buildings, walls, signs , lighting, etc.) and landscaping /open space , is appropriate to the development , the neighborhood, and the community;

   E.   Ingress, egress, internal and external pedestrian and traffic circulation, off street parking facilities, loading and service areas, and pedestrianways is designed to promote safety and convenience;

   F.   The architectural character of the proposed structures is in harmony with and compatible to structures in the neighboring environment and the architectural character desired for the city , avoiding excessive variety or monotonous repetition; and

   G.   Public facilities and services intended to serve the subject development , including, but not limited to, roadways, parks and recreational facilities, schools, police and fire protection, stormwater drainage systems, water supplies, wastewater, power and refuse collection are adequate to serve the site. (2009 Code; amd. Ord. 11-35, 11-22-2011)

   A.   An approved preliminary site plan shall remain valid for one year following the date of the approval.

   B.   Approval of a final site plan shall become null and void if development does not commence within two (2) years of the approval. For the purpose of this section, "commencement of development" means installation of building foundations. In phased developments, additional phases after the first one shall receive final site plan approval within three (3) years of each other or the preliminary site plan approval shall become null and void.

   C.   One 6-month extension may be granted by the zoning administrator for approval of the preliminary and/or final site plan if, upon written request by the owner /developer , the zoning administrator finds that the extension will not adversely affect the public health, safety or welfare of the city . The decision of the zoning administrator may be appealed to the planning commission 1 . (2001 Code § 89-5-304; amd. 2009 Code)

   A.   Open Space :

      1.   Functional open space enhances circulation within a site and contributes to the site's aesthetic qualities. When open space appears on a site plan , it shall be designed to be accessible and usable by people.

      2.   With respect to open space , bigger is not necessarily better. A series of small areas, each provided with attractive places to sit, etc., may foster more human interrelationship than a large monolithic space. Open space shall be created with comfortable places, attractive exhibits and easy access to attract public use . Any public open space shall be designed to human scale to encourage human interaction.

      3.   People are attracted to public areas with shade during large portions of the summer in the city . Public space shall utilize shading by arcades or landscaping unless otherwise prohibited by site visibility triangles or other technical constraints.

   B.   Wall Plane Projections Or Recesses: Pedestrian or human scale of a building within a project is an important element of site plan design. For this reason, the facades of larger buildings shall be "broken up" by using wall plane projections or recesses.

      1.   In the multiple-family residential zones (R-3), commercial zones (C-G, C-M, SC-1, SC-2 and SC-3), and office zones (P-O and BR-P), facades greater than fifty feet (50') long, measured horizontally, shall incorporate wall plane projections or recesses when they face a public or private street or are adjacent to any residential zone . All other facades in these zones shall incorporate wall plane projections or recesses on facades having horizontal lengths of one hundred feet (100') or more.

      2.   In manufacturing zones (M-P, M-1 and M-2), facades greater than one hundred feet (100') long, measured horizontally, shall incorporate wall plane projections or recesses. No uninterrupted length of any facade shall exceed one hundred (100) horizontal feet.

      3.   Buildings in commercial , office and manufacturing zones shall incorporate at least one of the following architectural features in the design of building facades : a repeating pattern such as a color change; texture change; material module change; canopies or porticos; overhangs; arcades; peaked roof forms; display windows; columns, pilasters or colonnades; or porte cocheres.

      4.   Wall plane projections or recesses shall extend from, or be set into, the predominant horizontal plane of the building not less than eight inches (8") and shall be architecturally integrated to not appear to be an afterthought. The minimum width of such features shall be not less than twenty four inches (24") for columns, pilasters and other similar features. All other architectural features shall be not less than seventy two inches (72") and shall be equal to the height of the building, unless a lesser height is approved by the planning commission.

   C.   Building Transition And Scale: An orderly transition created by such means as stair stepping building height, breaking up the mass of the building, and shifting building placement results in a coherent streetscape and mitigates the impact of differing building scales and intensities. The proposed building shall respect the scale of those buildings located on adjacent properties and, where desirable, serve as an orderly transition to a different scale. In areas undergoing change, long range plans shall be consulted for guidance as to appropriate densities and intensities. This guideline shall not further restrict developmentintensity and/or density from what is allowed in this title.

   D.   Building Materials And Colors:

      1.   Facade colors shall be low reflectance, subtle, neutral or earth tone colors .

      2.   Predominant exterior building materials shall be high quality, durable materials, including, but not limited to, brick, rock, sandstone, steel, stone, stucco, synthetic stone, tinted/textured concrete masonry units , wood and masonry fiberboard simulating wood.

   E.   Building Placement: Existing developed pedestrian paths should be respected. Building additions and alterations should not eliminate an existing developed pedestrian path or public area.

   F.   Building Orientation:

      1.   Energy efficiency and comfort of its inhabitants are essential to the successful design of a building . To the extent possible, building should be oriented to minimize east/west exposures and should utilize high performance technological solutions and/or shade control. The proposed building orientation should respect climactic conditions by minimizing heat gain and considering the impact of shade on adjacent land uses and areas.

      2.   Maintaining continuity of pedestrian routes is desirable. The proposed building orientation should relate to other buildings on the same site in regard to pedestrian circulation and surrounding buildings.

      3.   Service areas such as loading docks, refuse collection areas and similar facilities that could be sources of odor, noise and smoke or could be visually objectionable should not be located in highly traveled areas. Service areas should be located away from public view.

      4.   Placement of the building in relation to the surrounding elements is as important as the building design. The proposed building orientation should respect the orientation of surrounding buildings and the orientation of surrounding streets.

   G.   Equestrian Paths: An adequate surface and width for equestrian paths is necessary for safe and dust free use . Where equestrian paths are provided, they should be constructed of natural material or decomposed granite with a diameter of one-half inch (1/2") or less to a depth of three (3) or four inches (4"), and be a minimum of ten feet (10') wide.

   H.   Articulation:

      1.   Buildings should be accessible for pedestrians and public transit users, not just for people driving private automobiles. Building entrances should be identifiable and directly accessible from a public sidewalk.

      2.   A building should reflect a human scale and be inviting to the public. The building facade should be designed to provide a sense of human scale at ground level.

      3.   A controlled physical environment discourages criminal activities. Facilities should have proper security lighting and consider security hardware, surveillance measures and building design so that the facility provides a safe environment.

   I.   Public Amenities:

      1.   Overhangs and canopies can provide a shaded walking area. Overhangs and canopies should be integrated in the building design along all pedestrian thoroughfares.

      2.   All facilities should be usable by everyone. Eliminating items that are hazardous to the physically disabled makes the facilities safer for everyone. All building access and site amenities should be accessible to the physically disabled.

      3.   Pedestrian amenities help to encourage the use of public spaces. Comfortable and attractive street furniture that is accessible to the physically disabled should be provided in public spaces for public enjoyment and comfort such as seating and tables for eating, drinking fountains, trash receptacles, information kiosks and directories.

   J.   Overall Design Issues:

      1.   Incorporating bus shelters into the site design helps to maximize their function and promotes greater usage. Where an existing or future bus stop is located on a proposed site or on street frontage adjacent to a proposed site, the proposed site plan n shall demonstrate how the bus stop/shelter is integrated with the site. The bus stop/shelter shall be located near building entries and/or activity areas, or convenient to designated pedestrian walkways between the bus stop/shelter and the building entry and/or activity areas. The walkways shall be accessible to persons with disabilities and shall be shaded and lighted.

      2.   Site design should consider its contribution to the established street environment by enhancing views and promoting interaction for pedestrians on the site. The proposed site plan should enhance the street context and take into account view corridors along the street as well as the opportunity for pedestrian interaction at street level.

      3.   Clearly defined buffers enhance the attractiveness of the streetscape and promote pedestrian safety. The site plan should clearly express the separation between pedestrian and vehicular traffic. (2001 Code § 89-5-308; amd. 2009 Code)

Amendments to the general plan shall be adopted in the manner set forth in this article. (2001 Code § 89-5-402; amd. 2009 Code; Ord. 23-05, 2-8-2023)

Applications shall be submitted in the office of the community development department . (2009 Code; amd. Ord. 19-50, 12-11-2019, Effective at 12 noon on January 6, 2020; Ord. 23-05, 2-8-2023)

Any person who seeks development application shall submit an application on the official form provided by the community development department with required documentation specified by guidelines provided by the community development department. Submittal requirements shall be as established administratively by the department and shall include, but not be limited to:

   A.   Evidence of ownership or the type of controlling interest in the property;

   B.   Legal description of the property;

   C.   Property owner , including a property owner affidavit, if the applicant is not the owner;

   D.   The present zoning classification;

   E.   The proposed use of the property;

   F.   A scaled diagram of the subject parcel and surrounding area, inclusive of ingress and egress points from all parcels along both sides of subject streets bounding the property;

   G.   The application shall comply with all the additional submittal requirements of section 13-7C-8;

   H.   The applicant shall submit the application, together with the applicable fee, according to the consolidated fee schedule, to the community development department ;

   I.   Applications shall not be reviewed without the written consent of the property owner except as provided herein;

   J.   The burden of proof for all applications shall be the responsibility of the applicant; and

   K.   The appropriate city departments shall, in a timely manner, determine whether the application is complete for purposes of subsequent, substantive planning commission review, and shall comply with the other provisions of Utah Code Ann. sections 10-9a-509 and 10-9a-509.5 or successor provisions. (2009 Code; amd. Ord. 19-50, 12-11-2019, Effective at 12 noon on January 6, 2020; Ord. 23-05, 2-8-2023)

   A.   Future LandUse Map Amendment: An applicant for an amendment to the future land use map on any property shall be one of the following:

      1.   The owner of the property;

      2.   One or more joint owners of property who own individually, or as a group, a majority interest in the property;

      3.   Both of the property owners where property is held in joint tenancy;

      4.   Seventy five percent (75%) or more of the owners of property in the area covered by the application when the application covers more than one property; or

      5.   The community development department , the planning commission or city council on its own motion.

   B.   General Plan Text Amendment: The applicant for an amendment to change the text of the general plan shall be the community development department , the planning commission or city council on its own motion. If an applicant for such an amendment, in the applicant's discretion, submits an application primarily because of the request of an "outside party", then said outside party shall pay a filing fee (but shall not submit an application) according to the consolidated fee schedule, as if said outside party was an applicant.

   C.   Council Work Session, Quarterly Map Meeting, Zoning Map Amendment Application, And Other Requirements: When the application is initiated by someone other than the community development department , the planning commission or city council , then:

      1.   The application shall be signed by the authorized applicant or an agent of any authorized applicant. The authority of the agent must be in writing , notarized, and filed with the application. The signature of such agent shall have the same force and effect as if the application were signed by the principal;

      2.   The application, together with all concurrent applications, shall be placed on a city council work session ("committee of the whole") agenda and a planning commission quarterly map meeting agenda as follows (unless the application is for a general plan future landuse map amendment which conforms to and is consistent with the current zoning map, as determined by the zoning administrator ):

 

 

      3.   And if the application is required to be placed on a planning commission quarterly map meeting agenda, the application shall be submitted concurrently with a zoning map amendment application, as well as all other applications and submittal requirements necessary for a complete application of a development proposal, as required by the zoning administrator .

   D.   Updates: The city council shall complete a comprehensive review of all the elements of the general plan at least once every five (5) years, and shall periodically update, as required by law , the moderate income housing element, the water use and preservation element, the station area plans, and other elements and plans associated with the general plan. (2009 Code; amd. Ord. 17-41, 7-12-2017; Ord. 19-50, 12-11-2019, Effective at 12 noon on January 6, 2020; Ord. 20-40, 10-28-2020; Ord. 23-05, 2-8-2023)

   A.   Future LandUse Map Amendment: On an application to amend the future land use map, and after holding a public hearing, the planning commission may only recommend approval or denial. The planning commission recommendation will be forwarded to the city council for public hearing and final action unless withdrawn by the applicant.

   B.   General Plan Text Amendment: On an application to amend the text of the general plan, and after holding a public hearing, the planning commission may recommend approval, approval as modified by the planning commission, or denial. The planning commission recommendation will be forwarded to the city council for public hearing and final action.

   C.   Planning Commission Public Hearing: Once the publishing of the planning commission public hearing notices has been completed, including, if applicable, the placement in the mail of any required notices, the public hearing date for the application shall not be canceled or changed, except by the planning commission, according to its rules of conduct and procedure.

   D.   Planning Commission Recommendation To City Council : For future landuse map and general plan text amendments, the planning commission shall forward a recommendation, with the determinations regarding the criteria for said recommendation, to the city council within sixty (60) days after closing a public hearing on the proposed amendment.

      1.   If the planning commission fails to forward a recommendation on the proposed amendment within sixty (60) days, it shall be forwarded to the city council as if the planning commission had made a negative recommendation.

      2.   If the planning commission does forward a recommendation on the proposed amendment to the city council within sixty (60) days, the recommendation shall indicate the determinations regarding the criteria for said recommendation. If the planning commission forwards a negative recommendation, the recommendation shall include at least one determination why at least one of the criteria for approval in section 13-7C-6 was not met.

      3.   All public hearings to consider a future landuse map amendment or general plan text amendment shall require notice as provided in this title and in Utah Code Ann. section 10-9a-204. (2009 Code; amd. Ord. 17-41, 7-12-2017; Ord. 20-40, 10-28-2020; Ord. 23-05, 2-8-2023)

Any amendments to the general plan , including maps, may be recommended for approval by the planning commission to the city council only if affirmative determinations are made regarding each of the following criteria:

   A.   The proposed amendment conforms to and is consistent with the adopted goals, objectives and policies set forth in the current general plan ;

   B.   The development pattern contained in the current general plan inadequately provides the appropriate optional sites for the use and/or change proposed in the amendment;

   C.   The proposed amendment will be compatible with other land uses, existing or planned, in the vicinity;

   D.   The proposed amendment constitutes an overall improvement to the adopted general plan future landuse map and is not solely for the good or benefit of a particular person ;

   E.   The proposed amendment will not adversely impact the neighborhood and community as a whole by significantly altering acceptable landuse patterns and requiring larger and more expensive public infrastructure improvements, including, but not limited to, roads, water, wastewater and public safety facilities, than would otherwise be needed without the proposed change; and

   F.   The proposed amendment is consistent with other adopted plans, codes and ordinances. (2009 Code; amd. Ord. 11-35, 11-22-2011; Ord. 13-33, 11-13-2013; Ord. 23-05, 2-8-2023)

Amendments to the future landuse map or the general plan text shall, if adopted, be adopted by the city council by ordinance. An ordinance amending the future land use map shall include a legal description of the property affected, which shall be provided by the applicant on a form and in a manner as required by the guidelines prepared by the zoning administrator . Once the publishing of the council public hearing notices has been completed, including, if applicable, the placement in the mail of any required notices, the public hearing date for the application shall not be canceled or changed, except by the city council, according to its rules of conduct and procedure. (Ord. 23-05, 2-8-2023)

To ensure the planning commission and city council have sufficient information to evaluate each proposal, an applicant shall submit the following information:

   A.   For general plan future landuse map amendments, a written petition shall be submitted, which shall include the following additional information:

      1.   A written statement explaining how the required criteria in section 13-7C-6 are met; and

      2.   An analysis of the potential impacts of the proposed amendment on existing infrastructure and public services, such as traffic, streets, intersections, water and sewer, storm drains, electrical power, fire protection, garbage collection, etc., as determined by the appropriate city departments, and as required by the city code , including but not limited to sections 13-7A-1 through 13-7A-5 inclusive (adequate public facilities ).

   B.   For general plan text amendments, a written petition shall be submitted, which includes the following information:

      1.   A written statement explaining how the required criteria in section 13-7C-6 are met;

      2.   An analysis of the potential impacts of the proposed amendment on existing infrastructure and public services, such as traffic, streets, intersections, water and sewer, storm drains, electrical power, fire protection, garbage collection, etc., as determined by the appropriate city departments, and as required by the city code , including but not limited to sections 13-7A-1 through 13-7A-5 inclusive (adequate public facilities );

      3.   A written statement showing the desired language change;

      4.   A written statement explaining why existing general plan language is no longer appropriate or feasible; and

      5.   A map showing affected areas if the text change will affect specific geographic areas. (2009 Code; amd. Ord. 23-05, 2-8-2023)

In cases where the amendment has been denied by the City Council , no application for an amendment for the same or substantially the same request and, in the case of a map amendment, on the same or substantially the same property, shall be submitted within one year from the date of denial of the amendment. In cases where the amendment has been withdrawn by the applicant, no application for an amendment for the same or substantially the same request and, in the case of a map amendment, on the same or substantially the same property, shall be submitted within six (6) months from the date of withdrawal of the amendment. The determination of whether an application for an amendment is for "the same or substantially the same request (or property)" shall be made by the planning commission, with a recommendation by the zoning administrator . (2009 Code; amd. Ord. 23-05, 2-8-2023)

Any amendments to this title shall be adopted in the manner set forth in this article. (2001 Code § 89-5-403; amd. 2009 Code; Ord. 23-05, 2-8-2023)

Applications shall be made in the office of the community development department . (2009 Code; amd. Ord. 19-50, 12-11-2019, Effective at 12 noon on January 6, 2020; Ord. 23-05, 2-8-2023)

Any person who seeks development application shall submit an application on the official form provided by the community development department with required documentation specified on guidelines provided by the community development department. Submittal requirements shall be as established administratively by the community development department and shall include, but not be limited to:

   A.   Evidence of ownership or the type of controlling interest in the property;

   B.   Legal description of the property;

   C.   Property owner , including a property owner affidavit, if the applicant is not the owner;

   D.   The present zoning classification;

   E.   The proposed use of the property;

   F.   A scaled diagram of the subject parcel and surrounding area, inclusive of ingress and egress points from all parcels along both sides of subject streets bounding the property;

   G.   The applicant shall submit the application, together with the applicable fee, according to the consolidated fee schedule, to the community development department ;

   H.   Applications shall not be reviewed without the written consent of the property owner except as provided herein;

   I.   The burden of proof for all applications shall be the responsibility of the applicant; and

   J.   The appropriate city departments shall, in a timely manner, determine whether the application is complete for purposes of subsequent, substantive planning commission review, and shall comply with the other provisions of Utah Code Ann. sections 10-9a-509 and 10-9a-509.5 or successor provisions. (2009 Code; amd. Ord. 19-50, 12-11-2019, Effective at 12 noon on January 6, 2020; Ord. 23-05, 2-8-2023)

   A.   Zoning Map Amendment: An applicant for an amendment to change the zoning on any property shall be one of the following:

      1.   The owner of the property;

      2.   One or more joint owners of property who own individually or as a group, a majority interest in the property;

      3.   Both of the property owners where property is held in joint tenancy;

      4.   Seventy five percent (75%) or more of the owners of property in the area covered by the application when the application covers more than one property; or

      5.   The community development department , the planning commission or the city council on its own motion.

   B.   Zoning Text Amendment: The applicant for an amendment to change the text of this title, or the text of any other title adopted as a set of landuse regulations (titles 5, 8 through 15 inclusive, and 17), shall be the community development department , the planning commission or the city council on its own motion. If an applicant for such an amendment, in the applicant's discretion, submits an application primarily because of the request of an "outside party", then said outside party shall pay a filing fee (but shall not submit an application) according to the consolidated fee schedule, as if said outside party was an applicant.

   C.   Signature, Work Session, And Quarterly Map Meeting Required: When the application is initiated by someone other than the community development department , the planning commission or city council , then:

      1.   The application shall be signed by the authorized applicant or an agent of any authorized applicant. The authority of the agent must be in writing , notarized, and filed with the application. The signature of such agent shall have the same force and effect as if the application were signed by the principal; and

      2.   If the zoning administrator determined that the application for an amendment to change the zoning does not conform to and is not consistent with the purposes, goals, objectives and policies of the adopted general plan and/or future landuse map, or if the application requires a zoning text amendment or a waiver or exception, or if the application, pursuant to subsection 13-7I-5(B)(4), proposes changing or removing any existing overlay zoning district designation or part of such existing district designation, then the application, together with all concurrent applications, shall be placed on a city council work session ("committee of the whole") agenda and a planning commission quarterly map meeting agenda as follows:

 

 

(2009 Code; amd. Ord. 17-41, 7-12-2017; Ord. 19-50, 12-11-2019, Effective at 12 noon on January 6, 2020; Ord. 20-40, 10-28-2020; Ord. 23-05, 2-8-2023; Ord. 24-33, 9-25-2024)

   A.   Planning Commission Public Hearing: Once the publishing of the planning commission public hearing notices has been completed, including, if applicable, the placement in the mail of any required notices, the public hearing date for the application shall not be canceled or changed, except by the planning commission, according to its rules of conduct and procedure.

   B.   Zoning Map And Zoning Text Amendments: On an application for a zoning map amendment or zoning text amendment, and after holding a public hearing, the planning commission may recommend:

      1.   Approval;

      2.   Approval as modified by the planning commission;

      3.   Approval in part and denial in part;

      4.   Denial; or

      5.   Any combination thereof.

   C.   Planning Commission Recommendation to City Council : The recommendation will be forwarded to the city council for public hearing and final action unless withdrawn by the applicant.

      1.   If the planning commission does forward a recommendation on the proposed amendment to the city council , the recommendation shall indicate the determinations regarding the criteria for said recommendation. If the planning commission forwards a negative recommendation, the recommendation shall include at least one determination why at least one of the criteria for approval in section 13-7D-6 was not met.

      2.   All public hearings to consider a zoning map amendment or zoning text amendment shall require notice as provided in this title and in Utah Code Ann. section 10-9a-205. (2009 Code; amd. Ord. 17-41, 7-12-2017; Ord. 20-40, 10-28-2020; Ord. 23-05, 2-8-2023)

   A.   Zoning Map Amendment: An amendment to the zoning map may be recommended for approval by the planning commission to the city council only if affirmative determinations are made regarding each of the following criteria:

      1.   The proposed amendment is consistent with the purposes, goals, objectives and policies of the adopted general plan and future landuse map;

      2.   The proposed amendment will result in compatible landuse relationships and does not adversely affect adjacent properties;

      3.   The proposed amendment protects the public health, safety and general welfare of the citizens of the city ;

      4.   The proposed amendment will not unduly impact the adequacy of public services and facilities intended to serve the subject zoning area and property than would otherwise be needed without the proposed change, such as, but not limited to, police and fire protection, water, sewer and roadways; and

      5.   The proposed amendment is consistent with the provisions of any applicable overlay zoning districts which may impose additional standards.

      6.   An amendment to the zoning map regarding changing or removing any existing overlay zoning district designation, or part of such existing district designation, may be recommended for approval by the planning commission to the city council only if affirmative determinations are made regarding each of the following additional criteria:

         a.   The changing or removing of the existing overlay zoning district will not create or exacerbate one or more nonconforming (or noncomplying) uses or structures;

         b.   Properties and structures within the existing overlay zoning district will not be significantly negatively affected by a restriction or change of use or uses;

         c.   Properties and structures within the existing overlay zoning district will not be significantly negatively affected by lessened or changed design standards; and

         d.   The design and layout of the properties and structures within the existing overlay zoning district will maintain the same or higher level of (i) functionality and (ii) compliance with applicable landuse regulations.

   B.   Zoning Text Amendment: Amendment to the text of this title or of any other landuse regulation title in this code shall be recommended for approval by the planning commission to the city council only if affirmative determinations are made regarding each of the following criteria:

      1.   The proposed amendment conforms to the general plan and is consistent with the adopted goals, objectives and policies described therein;

      2.   The proposed amendment is appropriate given the context of the request and there is sufficient justification for a modification to this title;

      3.   The proposed amendment will not create a conflict with any other section or part of this title or the general plan ; and

      4.   The proposed amendment does not relieve a particular hardship, nor does it confer any special privileges to a single property owner or cause, and it is only necessary to make a modification to this title in light of corrections or changes in public policy. (2009 Code; amd. Ord. 11-35, 11-22-2011; Ord. 13-33, 11-13-2013; Ord. 17-41, 7-12-2017; Ord. 23-05, 2-8-2023; Ord. 24-33, 9-25-2024)

Amendments to the zoning map or the zoning text shall, if adopted, be adopted by the city council by ordinance. An ordinance amending the zoning map shall include a legal description of the property affected, which shall be provided by the applicant on a form and in a manner as required by the guidelines prepared by the zoning administrator . Once the publishing of the council public hearing notices has been completed, including, if applicable, the placement in the mail of any required notices, the public hearing date for the application shall not be canceled or changed, except by the city council, according to its rules of conduct and procedure. (2009 Code; amd. Ord. 17-41, 7-12-2017; amd. Ord. 23-05, 2-8-2023)

If an application is made for an amendment to change the zoning map from a more restrictive district to a less restrictive district, the city council may approve the application or grant the amendment for a district which is more restrictive than requested in the application and less restrictive than the existing classification, without the necessity of a new or amended application and without the necessity of giving new or additional notice. (2009 Code; amd. Ord. 23-05, 2-8-2023)

In cases where the amendment has been denied, no application for an amendment for the same or substantially the same request and, in the case of a map amendment, on the same or substantially the same property, shall be submitted within one year from the date of denial of the amendment. In cases where the amendment has been withdrawn by the applicant, no application for an amendment for the same or substantially the same request and, in the case of a map amendment, on the same or substantially the same property, shall be submitted within six (6) months from the date of withdrawal of the amendment. The determination of whether an application for an amendment is for "the same or substantially the same request (or property)" shall be made by the planning commission, with a recommendation by the zoning administrator . However, the City Council may reconsider a denied rezoning request, along with any related future landuse map amendment application and/or other concurrent applications, if any, sooner than the expiration of the one year period if:

   A.   At least one city council member, who voted with the prevailing majority on the earlier city council action, moves to have the city council reconsider the matter and a quorum of the city council approves the reconsideration; and

   B.   Appropriate notices are published and a public hearing held as required by law . The city council may determine if referral to and reconsideration of the rezone by the planning commission will be required. (2009 Code; amd. Ord. 23-05, 2-8-2023)

The city recognizes certain land uses that, because of their unique characteristics or anticipated detrimental effects on the city, surrounding neighbors, or adjacent land uses, may not be compatible in some areas or may be compatible only if certain conditions are required that mitigate or eliminate the detrimental effects. Uses may be designated as conditional because the effects of the use require closer attention and customized conditions to reduce the effects. The city reviews the standards applicable to conditional uses and determines whether, in light of the standards, the proposed use will produce any "reasonably anticipated detrimental effects" on the city generally, or on the surrounding uses and property owners specifically.

(2001 Code § 89-5-404; amd. 2009 Code; Ord. 23-11, 6-14-2023)

   A.   Applications shall be submitted to the community development department .

   B.   The community development department shall, in a timely manner, determine whether the application is complete prior to submission to the planning commission or zoning administrator .

   C.   Applications shall comply with and be processed in accordance with Utah Code Ann. sections 10-9a-509 and 10-9a-509.5 or successor provisions.

   D.   A decision to approve or deny a conditional use permit is an administrative landuse decision. Conditional land uses are designated by the city council in the land use tables of title 13. There are two types of conditional uses:

      1.   Conditional use decisions made by the planning commission; and

      2.   Administrative conditional use decisions made by the zoning administrator .

(2009 Code; amd. ord. 19-50, 12-11-2019, Effective at 12 noon on January 6, 2020; Ord. 23-11, 6-14-2023)

   Applicants for a conditional use shall submit an application on a form provided by the community development department with required documentation. Requirements for a completed application shall be as established administratively and shall include, but not be limited to:

   A.   Evidence of ownership, a property owner affidavit or written consent of the property owner, or documentation regarding controlling interests in the property;

   B.   Legal description of the property;

   C.   The present zoning classification;

   D.   The proposed use of the property;

   E.   A scaled diagram of the subject parcel and surrounding area, inclusive of ingress and egress points from all parcels along both sides of subject streets bounding the property;

   F.   Payment of applicable fees, according to the consolidated fee schedule; and

   G.   Additional submittal requirements may also be imposed pursuant to section 13-7E-4 of this article.

(2009 Code; amd. Ord. 11-35, 11-22-2011; Ord. 19-50, 12-11-2019, Effective at 12 noon on January 6, 2020; Ord. 23-11, 6-14-2023)

The planning commission or community development department may require an applicant to provide an analysis of any reasonably anticipated detrimental effects (affecting traffic, environmental, utilities, public safety, and infrastructure, etc.) under the standards of this ordinance (see section 13-7E-7).

(2009 Code; amd. Ord. 19-50, 12-11-2019, Effective at 12 noon on January 6, 2020; Ord. 23-11, 6- 14-2023)

The application and all other pertinent information shall be considered after a public hearing. Notice of the public hearing shall be provided as outlined in title 15 of this code , including sections 15-3-9 and 15-3-10. Any decision by the planning commission or the zoning administrator shall be based upon substantial evidence in the record.

(2009 Code; amd. Ord. 23-11, 6-14-2023)

   A.   Staff Report: Prior to the consideration of a conditional use application, the community development department , in consultation with other appropriate city departments, shall review and study the application and prepare a staff report that:

      1.   Describes the reasonably anticipated detrimental effects of the proposed conditional use as compared with the standards of this article (section 13-7E-7) and detail the reasons why each of the reasonably anticipated detrimental effects will be detrimental; and

      2.   Suggests reasonable conditions, which will reasonably relate to mitigating each of the reasonably anticipated detrimental effects of the proposed conditional use .

   B.   Determining Effects and Conditions: Prior to any decision on any conditional use application, the planning commission or zoning administrator shall:

      1.   Determine any reasonably anticipated detrimental effects of the proposed conditional use :

         a.   Specify why each of the identified reasonably anticipated detrimental effects will be detrimental based on the standards in this article; this is necessary to determine what conditions may be imposed to mitigate the detrimental effects; and

         b.   If no reasonably anticipated detrimental effects can be determined, conditions are unnecessary, and should not be imposed;

      2.   Determine reasonable conditions which are reasonably related to the purposes and goals of the standards of this article (section 13-7E-7) and address the reasonably anticipated detrimental effects in a reasonable manner:

         a.   The conditions must be supported by substantial evidence in the record;

         b.   A condition is unnecessary and shall not be imposed if it requires the applicant to meet a requirement of existing law that they are subject to; therefore, requirements to comply with existing law are not conditions; and

         c.   A condition not tied to a reasonably anticipated detrimental effect cannot be imposed, even if it would be beneficial to the community; and

      3.   Approval: State on the record as part of the decision:

         a.   Each of the identified reasonably anticipated detrimental effects;

         b.   Each of the identified reasonable conditions, imposed by the city , which reasonably relate to mitigating each of the reasonably anticipated detrimental effects of the proposed conditional use ; and

         c.   A Determination that the conditions imposed will substantially mitigate the detrimental effects. "Substantially mitigated" does not mean the same as "completely eliminated."

   C.   Types of Conditions: The types of conditions which may be imposed may include, but are not limited to:

      1.   Building locations, open spaces, buffers, fences or walls, barriers, and landscaping to mitigate conflicts from visual, noise, and lighting;

      2.   Traffic measures that determine the location of access points and on-site circulation to mitigate traffic detrimental effects from increased volumes or nature of traffic activity associated with the use ;

      3.   Regulations regarding hours of operation, methods of operation; and

      4.   Time limits on the duration of the permit and methods to determine if the use , after a temporary period of operation, is materially detrimental, or to evaluate whether changed conditions in the neighborhood affect the capability of the use to continue to adequately mitigate detrimental effects to the surrounding area or the city as a whole.

   D.   Denial: If the reasonably anticipated detrimental effects of a proposed conditional use cannot be substantially mitigated by the proposal or imposition of reasonable conditions, to achieve compliance with applicable standards (see section 13-7E-7 of this article), the conditional use may be denied.

(2009 Code; amd. Ord. 23-11, 6-14-2023)

Prior to approving any application for a conditional use permit , the planning commission or zoning administrator , as applicable, shall consider the following:

   A.   The reasonably anticipated detrimental effects, like all aspects of a conditional use application, must be established by substantial evidence.

   B.   If the city requires the need for additional conditions to address the reasonably anticipated detrimental effects, the city has the burden of proving both the existence of the reasonably anticipated detrimental effects and the need for conditions.

   C.   The following specific considerations articulate city purposes or goals related to guiding the planning commission or zoning administrator in identifying reasonably anticipated detrimental effects. The planning commission or zoning administrator shall determine if the proposed conditional use :

      1.   Has any detrimental effects on the general plan or on the purpose of the zoning district in which the proposed site is located that cannot be mitigated by reasonable conditions;

      2.   Is inadequate in size or shape to accommodate the use ;

      3.   Has one or more of the requirements for the zone district (including, but not limited to, setbacks, parking, on site circulation, screening, buffering, and landscaping ) that are not being met;

      4.   Has inadequate access to public streets and highways or has any detrimental effects on traffic (which may be generated) that cannot be mitigated by reasonable conditions;

      5.   Has any detrimental effects on public safety services that cannot be mitigated by reasonable conditions;

      6.   Will unreasonably interfere with the lawful use of properties within the vicinity of the proposed conditional use that cannot be mitigated by reasonable conditions;

      7.   Will create an additional need for essential city services or utilities that cannot be met without unreasonable efforts or expenditures of city or public resources; and

      8.   Will have any detrimental effects regarding public health, safety, and welfare.

   D.   It is anticipated that the approval of any conditional use permit will affect neighboring properties and the community at large. If a conditional use permit is approved in an area, as allowed by a landuse table in this title, it shall be deemed that the planning commission or the zoning administrator has determined that the reasonably anticipated detrimental effects of that conditional use permit application on the neighborhood and community are acceptable under the circumstances. Therefore, conditional use permit applications may be approved, despite the detrimental effects, if reasonable conditions adequately address the detrimental effects.

(2009 Code; amd. Ord. 10-24, 8-25-2010; Ord. 23-11, 6-14-2023)

   A.   The approval of a proposed conditional use by the planning commission or the zoning administrator shall not authorize the establishment or extension of any use nor the development , construction, reconstruction, alteration, or moving of any building or structure , but shall merely authorize the preparation, filing, and processing of applications for any permits or approvals that may be required by the regulations of the city , including, but not limited to, a building permit , certificate of occupancy, and subdivision approval.

   B.   The decision of the planning commission or zoning administrator shall be final and effective sixteen (16) calendar days from the date of the decision, unless an appeal is filed pursuant to the procedures in sections 15-5-1, 15-5-3, and 15-5-6 of this code , except that the appeal shall be to the conditional use appeal/revocation authority, as defined in section 13-7E-9 of this article. A properly filed appeal shall stay the conditional use permit decision until an appeal decision has been made.

   C.   The approval of a proposed conditional use permit by the planning commission or zoning administrator shall authorize only the particular use for which it was issued.

(2009 Code; amd. Ord. 10-09, 2-24-2010; Ord. 23-11, 6-14- 2023)

   A.   The administrative law judge, identified in title 16, shall be the conditional use appeal/revocation authority unless the mayor designates another individual or individuals to fulfill the responsibilities of the conditional use appeal/revocation authority.

   B.   A conditional use permit may be revoked by the conditional use appeal/revocation authority after:

      1.   A request for conditional use revocation hearing ("hearing request"), using the administrative hearing procedures described in title 16, is submitted by the community development department to the director of community preservation:

         a.   There is no requirement for a prior notice of violation or administrative citation to submit a hearing request; and

         b.   The community development department shall attach to the hearing request any supporting statements, documents, and other pertinent information;

      2.   A notice of hearing is appropriately served upon the alleged violator and property owner as described in the code , including in title 16; and

      3.   A hearing is held pursuant to title 16. All parties shall comply with any other applicable provisions of title 16.

   C     Any final decision by the conditional use appeal/revocation authority to revoke a conditional use permit shall require a finding of one or more of the following:

      1.   The conditional use permit was obtained by fraud;

      2.   The conditional use for which the permit was granted has been altered;

      3.   The conditions of the permit have not been complied with; or

      4.   Any other reason allowed by law .

   D.   The final decision of the conditional use appeal/revocation authority may be appealed, by any party to the revocation hearing, as per sections 15-5-6 and 15-6-1 of this code .

(2009 Code; amd. Ord. 19-50, 12-11-2019, Effective at 12 noon on January 6, 2020; Ord. 23-11, 6-14-2023)

A conditional use permit granted pursuant to the provisions of this article shall run with the land and continue to be valid regardless of ownership of the site or structure subject of the conditional use permit application, so long as it operates within the conditions and terms of the conditional use permit approval, except as follows:

   A.   Unless appealed within 15 calendar days pursuant to the provisions of subsection 13-7E-8B, a conditional use permit shall immediately terminate 16 calendar days after the date of the termination letter if: (a) the zoning administrator sends, by regular U. S. Mail, a conditional use permit termination letter to the applicant or current owner of record; because (b) the applicant or current owner of record failed to do any one of the following within 24 months of planning commission or zoning administrator approval:

      1.   If construction is proposed, obtain a building permit for and complete the construction of the foundation of at least one primary building ;

      2.   If required, obtain a business license; or

      3.   If conditions are imposed, fulfill all the conditions imposed by the planning commission or zoning administrator .

   B.   If: (a) the approved use or activity should cease for any reason for a continuous period of 12 months or more; (b) the zoning administrator has sent, by regular U. S. Mail, a letter of intent to terminate to the applicant or current owner of record indicating the intent to terminate the conditional use permit in 45 calendar days; and (c) the applicant or current owner of record fails to respond to the zoning administrator within 45 calendar days; the zoning administrator may send, by regular U.S. Mail, a conditional use permit termination letter. Unless appealed within 15 calendar days pursuant to the provisions of subsection 13-7E-8B, a conditional use permit shall immediately terminate 16 calendar days after the date of the conditional use permit termination letter. If the applicant or current owner of record does respond to the letter of intent to terminate within 45 calendar days, the zoning administrator may appeal to the conditional use appeal/revocation authority within 15 calendar days of the response pursuant to the provisions of subsection 13-7E-8B.

   C.   Approval of a new conditional use permit application shall be required prior to any subsequent reinstatement of the use .

   D.   The final decision of the conditional use appeal/revocation authority may be appealed, by the city or by the applicant or current owner of record, as per sections 15-5-6 and 15-6-1 of this code . (2009 Code; amd. Ord. 23-11, 6-14-2023; Ord. 25-19, 5-13-2025)

A request to modify, expand, or otherwise change an approved conditional use permit , not in substantial conformance with the approved conditional use permit, shall be reviewed and processed according to the provisions of this article as a new conditional use permit application. (2009 Code; amd. Ord. 23-11, 6-14-2023; Ord. 25-19, 5-13-2025)

In cases where a conditional use permit has been denied, revoked, or terminated, and unless otherwise required by law or ordered by the conditional use appeal/revocation authority or a court, no application for a conditional use permit for the same or substantially the same use on the same or substantially the same site shall be filed within 12 months from the date of denial, revocation, or termination of the conditional use permit. (2009 Code; amd. Ord. 23-11, 6-14- 2023; Ord. 25-19, 5-13-2025)

This article is intended to provide general regulations, applicable in all zoning districts, for uses and structures which have only a seasonal or temporary duration, such as temporary or periodic use of existing structures; uses and structures associated with carnivals, fairs, and holidays; or sidewalk/parking lot sales in association with an existing permanent business use. (Ord. 10-09, 2-24-2010)

Temporary use permits shall be required for those uses, services and structures which are temporary in nature, whether located indoors or outdoors. A temporary use permit shall not be issued for any individual temporary use for longer than one hundred fifty (150) days in any one calendar year. In the case of indoor temporary uses, a temporary use permit is required only where the proposed use is not already permitted in the property's zoning district. Only those temporary uses described below, or substantially similar uses as approved by the zoning administrator , shall be eligible to apply for a temporary use permit:

   Food and beverage sales:

      Movable beverage carts.

      Movable food carts.

   Seasonal sales:

      Christmas tree sales.

      Fireworks stands.

      Flower stands.

      Produce stands.

   Temporary office uses:

      Office for promotional or campaign events.

      Quasi-civic or public activities.

   Temporary recreation/entertainment uses:

      Antique shows (not including auto shows).

      Art fairs.

      Bazaars.

      Festivals.

      Inflatable children's play areas.

      Portable climbing wall.

      Short run indoor or outdoor drama or musical performances except in existing bona fide theater venues.

      Small carnivals (site not to exceed 1 acre).

      Use of existing buildings for sports, such as indoor soccer games or practice.

   Temporary retail sales:

      Promotional displays (in conjunction with a business on the site).

      Retail sales.

      Sidewalk and parking lot sales (in conjunction with a business on the site).

      Temporary staging areas for construction work conducted by and in association with a public agency or public utility. (2001 Code § 89-5-405; 2009 Code § 13-7F-1; amd. Ord. 10-09, 2-24-2010; Ord. 13-17, 4-24-2013)

A complete application for a temporary use permit, if issued by the zoning administrator or designee, shall be filed with the development services department at least ten (10) working days prior to the date of commencing operation. A complete application for a temporary use permit reviewed by the planning commission shall be filed with the development services department at least thirty six (36) working days prior to the date of commencing operation. The following information must be submitted along with the application form for a temporary use permit and applicable fees:

   A.   A site plan drawn at a scale of one inch equals twenty feet (1" = 20') that shows the address, setbacks, the location of the temporary use , other structures on the lot , and access from a public street . A detailed site plan of the area to be occupied by the temporary use, drawn at a scale of one inch equals ten feet (1" = 10') shall also be submitted showing parking areas, pedestrian circulation, trash and temporary toilet locations, locations and type of temporary structures, sign location, and utility locations;

   B.   Verification that the temporary use is located on a property with public and/or private improvements (hard surface parking areas, power, toilet facilities, parking, water, etc.) adequate to support the temporary use;

   C.   An affidavit of owner's authorization showing that the applicant has the right to establish the temporary use on the lot ;

   D.   A plan for trash removal and restoration of the site to its prior condition after the temporary use has been terminated;

   E.   Plans for all temporary structures to be located on the site; and

   F.   Proof of adequate liability insurance as required. (2001 Code § 89-5-405; amd. 2009 Code § 13-7F-2; Ord. 10-09, 2-24-2010; Ord. 19-50, 12-11-2019, Effective at 12 noon on January 6, 2020)

All temporary uses and structures associated with the temporary use shall meet the following review criteria and design standards:

   A.   Parking Lots: All parking lots must be surfaced with an approved material designed to prevent accumulation of water and the tracking of mud from the site. In no case shall parking for a temporary use decrease the required parking stalls for an existing site;

   B.   Toilet Facilities: Toilet facilities must be available for public use on site. If temporary toilets are used, the applicant shall provide documentation as to who will maintain these facilities in a sanitary manner;

   C.   Electrical Power: Any electrical power to the site must be located so as to not present any hazard to the public and must be inspected by the city building department ;

   D.   Detailed Plans: Plans for all temporary structures and uses shall be in sufficient detail to determine the type of structures and the techniques to be used to provide stability and safety to the public. Sufficient setbacks from property lines, parking, traffic and other structures shall be required to assure safety of the public;

   E.   Anchoring: Inflatable structures and temporary membrane structures (tents) must be anchored in an approved manner to prevent wind or other severe weather from collapsing the structure ;

   F.   Tethering: Hot air balloons or inflatable advertising devices must be tethered securely to avoid such devices from breaking free or otherwise causing property damage or injury to the public, must meet applicable building codes and must be inspected for compliance;

   G.   Structure Materials: Temporary structures such as produce stands, sun shelters, food and beverage carts, etc., must be of durable materials and constructed to withstand weather and must meet applicable building code requirements. In some cases, an inspection of the structure may be required;

   H.   Pedestrian Circulation: Pedestrian circulation must be identified on the site and clearly marked so as to avoid conflicts with parked vehicles and/or adjacent streets serving the site. If deemed necessary by the fire department and/or the police department, fencing shall be provided to provide pedestrian safety;

   I.   Parking Stalls: The number of parking stalls to serve the temporary use shall be determined by the development services department based on parking requirements of similar land uses;

   J.   Inspections; Business License: Prior to commencing the operation of a temporary use , an inspection of the site by the fire department and building and safety department is required. In some situations, the police department shall also inspect the site. If permits from any of these city departments are required, the business shall not commence until approval of said permits. A business license is also required and shall not be issued until the site and/or buildings have been approved by all applicable city departments;

   K.   Financial Guarantee: A cash escrow or other financial guarantee may be required if deemed necessary to ensure that the site is returned to an acceptable condition upon the termination of the temporary uses; and

   L.   Occupancy: A permanent structure used in conjunction with a temporary use must meet occupancy and safety requirements for the specified use from the building and safety and fire departments. (2001 Code § 89-5-405; amd. 2009 Code § 13-7F-3; Ord. 10-09, 2-24-2010; Ord. 19-50, 12-11-2019, Effective at 12 noon on January 6, 2020)

   A.   The temporary use may be approved by the zoning administrator or designee for not more than one period of up to thirty (30) days or less, and not more than one time each calendar year at a specific location. Temporary use permits for Christmas tree sales and fireworks stands shall be issued by the zoning administrator or designee for periods not to exceed sixty (60) days. Temporary use permits for temporary staging areas for construction work conducted by and in association with a public agency or public utility shall be issued by the zoning administrator or designee for periods not to exceed twelve (12) months.

   B.   Repeat seasonal temporary use permits which last more than thirty (30) days, but do not exceed one hundred fifty (150) days, may be approved by the zoning administrator if the temporary use:

      1.   Received planning commission approval for the original year of operation;

      2.   Is for the same site originally approved by the planning commission;

      3.   There are no material site changes proposed from what was originally approved by the planning commission; and

      4.   The application meets all application requirements as outlined in section 13-7F-3 of this article. (2001 Code § 89-5-405; amd. 2009 Code § 13-7F-4; Ord. 10-09, 2-24-2010; Ord. 11-35, 11-22-2011; Ord. 13-17, 4-24-2013)

If the zoning administrator or designee does not approve the temporary use or if it is requested that the use last more than thirty (30) days, but not exceeding one hundred fifty (150) days, the applicant may apply for a permit from the planning commission as outlined in sections 13-7F-2 and 13-7F-3 of this article. The conditions of the permit may include a limitation upon hours of operation or other conditions to assure the safety of the public. Before approving any permit application for a temporary use or structure under this article, the planning commission shall make findings with respect to each of the following:

   A.   The duration of the use is appropriate;

   B.   The requested use will not have any detrimental effects on adjacent properties and will be compatible with surrounding uses;

   C.   The requested use will not create excessive traffic hazards on adjacent streets;

   D.   Arrangements have been made by the applicant to have the requested use inspected by the police, fire and building departments prior to the operational use, as applicable;

   E.   The requested use provides for a safe and appropriate use of the land ;

   F.   A document showing that the applicant has the right to establish the temporary use on the lot and that sanitary facilities are available has been submitted;

   G.   The requested use will not create pedestrian safety conflicts due to traffic circulation and/or location of parking lots serving the use; and

   H.   An adequate financial guarantee to assure the restoration of the site upon termination of the temporary use has been or will be provided to the city . (2001 Code § 89-5-405; amd. 2009 Code § 13-7F-5; Ord. 10-09, 2-24-2010)

Stationary vending carts which sell food, flowers, balloons and other similar products shall be required to obtain a temporary use permit. No business license for a temporary use which is required to receive temporary use approval shall be issued until the zoning administrator or planning commission grants such approval and all conditions of that approval are met. Approval of stationary vending carts is subject to the following criteria:

   A.   The use shall not be permitted within one hundred feet (100') of a similar permanent facility;

   B.   For food vending carts, approval from the department of health is required prior to operation and the applicant must comply with all health department regulations prior to and during operation;

   C.   Submission of an affidavit of owner authorization showing the applicant has the right to establish the temporary use on the lot and that sanitary facilities are available;

   D.   All trash shall be removed and the lot where a temporary use was located shall be restored to its prior condition after the temporary use has been terminated; and

   E.   The zoning administrator or planning commission determines the duration of the use as appropriate. (2001 Code § 89-5-405; amd. 2009 Code § 13-7F-6; Ord. 10-09, 2-24-2010)

Sidewalk and parking lot sales, in conjunction with a business on the site, may be conducted for no longer than thirty (30) consecutive days, three (3) per calendar year not consecutive, and shall not violate required yard space or create a nuisance. All three (3) sidewalk and parking lot sales may be conducted under one temporary use permit. (2001 Code § 89-5-405; 2009 Code § 13-7F-7; amd. Ord. 10-09, 2-24-2010)

The separation between identical or similar temporary uses shall be four hundred feet (400') and the distance between different types of temporary uses (e.g., food vending uses and fireworks stands) shall be one hundred feet (100'), unless a greater distance is necessary due to traffic or other life/safety concerns as identified by the engineering division , planning division or fire chief or designee. (2001 Code § 89-5-405; 2009 Code § 13-7F-8; amd. Ord. 10-09, 2-24-2010)

The temporary use and all associated structures, materials, signage, and inventory shall be removed within five (5) days after the expiration date of the temporary use permit and the site restored to its prior condition. (Ord. 10-09, 2-24-2010)

A temporary use permit may be revoked by the development services director after review and recommendation by either the planning commission or the zoning administrator . A planning commission hearing shall be held prior to recommending the revocation of a temporary use permit lasting longer than thirty (30) days. The zoning administrator shall review revocations for temporary use permits of thirty (30) days or less, Christmas tree sales, fireworks stands or temporary staging areas for construction work conducted by and in association with a public agency or public utility. Any recommendation of the planning commission or zoning administrator and any final decision by the development services director to revoke a temporary use permit shall require a finding of one or more of the following:

   A.   The temporary use is a nuisance or is detrimental to the public health, safety or welfare;

   B.   The temporary use permit was obtained by fraud;

   C.   The temporary use for which the permit was granted has been altered;

   D.   The conditions of the permit have not been complied with.

   E.   Temporary structure (s) and/or facilities are located in a different area from the area specified on the submitted site plan . (Ord. 13-17, 4-24-2013; Ord. 19-50, 12-11-2019, Effective at 12 noon on January 6, 2020)

Petitions for variances shall be reviewed and a final decision made by the LandUse Appeal Authority at a public hearing. The Land Use Appeal Authority may approve, approve with conditions, or deny a variance request. (2001 Code § 89-5-406; amd. Ord. 24-58, 12-18-2024)

Any person seeking a variance shall submit to the development services department a written petition containing the following information:

   A.   An application for a variance on a form provided by the city , accompanied by a filing fee as established by resolution of the city council ;

   B.   A statement citing specific reasons and justification for the variance based on the criteria established in section 13-7G-3 of this article;

   C.   A detailed site plan at a scale of one inch equals twenty feet (1" = 20') or larger, which shows the dimensions of the lot , building setbacks, existing or proposed buildings on the lot, and adjacent property owners. The area of the requested variance shall be highlighted on the site plan;

   D.   If the variance is requested to allow construction of a new building , building addition or structure , conceptual architectural elevation for such building, building addition or structure; and

   E.   A list of all property owners within a radius of three hundred feet (300') of the boundaries of the subject property. The list shall be based on the most current assessment rolls prepared by the Salt Lake County assessor and shall be accompanied by addressed, stamped, envelopes ready for mailing to all names on the list. (2001 Code § 89-5-406; amd. 2009 Code; Ord. 19-50, 12-11-2019, Effective at 12 noon on January 6, 2020)

Before approving a request for variance , except in connection with variance requests in an F-P zone (see section 13-6E-10 of this title), the LandUse Appeal Authority shall make the following findings:

   A.   Literal enforcement of this title would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of this title. The LandUse Appeal Authority shall not find an unreasonable hardship if the hardship is self-imposed or economic. To determine whether or not enforcement of this title would cause unreasonable hardship, the Land Use Appeal Authority shall not find unreasonable hardship unless the alleged hardship:

      1.   Is located on or associated with the property for which the variance is sought; and

      2.   Comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood;

   B.   There are special circumstances attached to the property that do not generally apply to other properties in the same district and relate directly to the hardship complained of;

   C.   Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same district;

   D.   The variance will not substantially affect the general plan and will not be contrary to the public interest; and

   E.   The spirit of this title is observed and substantial justice done. (2001 Code § 89-5-406; amd. Ord. 10-07, 2-2-2010; Ord. 24-58, 12-18-2024)

The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met. (2001 Code § 89-5-406)

Variances run with the land . (2001 Code § 89-5-406)

Neither the LandUse Appeal Authority nor any other body may grant use variances. (2001 Code § 89-5-406; amd. Ord. 24-58, 12-18-2024)

In granting a variance , the LandUse Appeal Authority may impose additional conditions on the applicant that will:

   A.   Mitigate any harmful effects of the variance ; or

   B.   Serve the purpose of the standard or requirement that is waived or modified. (2001 Code § 89-5-406; amd. Ord. 24-58, 12-18-2024)

Reapplication for a variance on a lot for which a variance has previously been denied shall not be accepted by the city sooner than twelve (12) months after the date of such denial. (2001 Code § 89-5-406)

No variance shall be valid for a period longer than twelve (12) months, unless a building permit is issued and construction is actually begun within that period and is thereafter diligently pursued to completion, or unless a certificate of occupancy is issued within that period, or unless a longer time is requested and granted by the zoning administrator . (Ord. 13-17, 4-24-2013)

This article shall apply to the construction of single-family and duplex residential dwellings in districts properly zoned for such residential dwellings and outside the confines of a recorded subdivision or other approved development . (2001 Code § 89-5-501)

   A.   Site Plan : The developer , owner or builder of a residential structure which will be constructed in a location outside the confines of a recorded subdivision or other approved development shall submit to the development services department and the city engineer two (2) copies of the proposed site plan of the development. The site plan shall be approved by the development services department and the city engineer prior to the issuance of a building permit . The site plan shall show the:

      1.   Location and size of existing and proposed culinary water and sanitary sewer utilities;

      2.   Location of the nearest fire hydrant and provision for additional hydrants and water lines as required by the fire department ;

      3.   Location of any existing irrigation systems, including, but not limited to, open ditches, pipes and culverts;

      4.   Location of proposed or existing curbs and gutters and sidewalks;

      5.   Location of existing edge of pavement for all abutting streets;

      6.   Locations and dimensions indicating the proposed and/or existing buildings on the site;

      7.   North arrow and drawing scale;

      8.   Names of abutting property owners and city streets; and

      9.   Method of providing for adequate site drainage.

   B.   Compliance With Subdivision Ordinance: The developer , owner or builder must also submit proof that the parcel to be developed is in compliance with the citysubdivision ordinance and is not a new lot created through a lot or parcel split.

   C.   Development Standards: The builder, owner or developer of property subject to this article shall comply with the following development standards:

      1.   In planning for the construction of buildings, the builder shall take into account the normal flow of stormwater, topography and existing stormwater control facilities. Where flooding may be a problem, driveways that slope down from the sidewalk to a garage entrance shall not be permitted.

      2.   The owner , builder or developer shall install curb, gutter and sidewalk. Design and construction of improvements shall be in compliance with the city public improvement standards, specifications and plans manual.

         a.   The curb, gutter and sidewalk shall be installed concurrently with construction of the residence if these improvements exist on either of the adjacent lots or if at least twenty five percent (25%) of the lots on the same block have existing curb, gutter and sidewalk. If a block is not defined by intersecting streets, the twenty five percent (25%) rule will apply to all properties within five hundred feet (500') in each direction along streets from the property lines of the subject lot .

         b.   If the owner , builder or developer is not required to install curb, gutter and sidewalk concurrently with construction of the residence pursuant to subsection C2a of this section, the owner, builder or developer shall provide a bond guaranteeing performance, meeting the requirements of title 8, chapter 3, article C of this code .

   D.   Exception: The only exception to this section will be when a residence is built in a subdivision that was previously approved without a requirement for curb, gutter and sidewalk.

   E.   Road Base, Asphalt: As a condition of the issuance of a building permit , any developer , builder or owner who develops or builds property fronting on or adjacent to an existing paved city or private street shall install road base and asphalt from the existing edge of pavement to the new curb and gutter. Installation of the road base and asphalt shall comply with the city public improvement standards, specifications and plans manual. (2001 Code § 89-5-502; amd. 2009 Code; Ord. 19-50, 12-11-2019, Effective at 12 noon on January 6, 2020)

Application for approval of a development plan shall comply with and meet the requirements of this article and section 15-3-8 of this code , shall be accompanied by the required fees, and shall meet the requirements of all other specific processes required by this code to complete a specific project. (Ord. 22-13, 5-11-2022)

   A.   Preapplication Conference: A preapplication conference shall be held with the city staff for the applicant/developer to become acquainted with the development plan process and submittal requirements. City staff will give feedback on the proposed project based on the information that is presented for the proposed project. To be scheduled for a preapplication conference, the applicant/developer shall submit a concept site plan of the proposed development , submitted in accordance with the concept site plan checklist as provided by the development services department .

   B.   Master Development Plan : Following the initial preapplication conference and review of the conceptual master development plan, a master development plan shall be prepared and submitted. The intent of the master development plan is to illustrate the area(s) within a specific geographic boundary which are intended to be a part of a single, cohesive large development . In general, the master development plan is intended to act as a project's guiding document for all future development (consisting of subdevelopments) where more detailed planning will follow with submittal and approval of subarea plans. The planning commission shall forward a recommendation to the city council regarding the master development plan, where in turn, the plan shall then be approved, conditionally approved, or denied by the city council. Upon approval, the master development plan shall be the sole guiding document for all subsequent development within the defined master plan area.

   C.   Preliminary Subarea Development Plan : Following review and approval of the master development plan, the applicant/developer shall submit a subarea development plan, accompanied by all required application information. For the West Side Planning Area Zones, it is during the subarea plan review process that bonus density may be awarded (see title 13, chapter 5, article J, especially section 13-5J-10).

   D.   Final Development Plan : Following all preliminary approvals, the applicant/developer shall submit a final development plan for the subarea planned project area, accompanied by any other required process information (i.e., subdivisionplat , site plan , etc.). The plan shall be submitted in the same format as outlined in this section. All submitted text and drawings shall reflect any changes, modifications, updates, and references resulted from the master development plan, subarea development plan, site plan, subdivision/condominium plat, and/or conditions of approval, required by the city council . All documents attached to or included with the plan shall be in final format (i.e., no references to preliminary documents). Any major design changes related to roadway placement, product type, density, and/or amenities, shall require an amendment to the preliminary development plan in accordance with this section.

   E.   Planning Commission Public Hearing: If a planning commission public hearing is required for a development plan (or amendment to a development plan) referenced in this section, once the publishing of the planning commission public hearing notices has been completed, including, if applicable, the placement in the mail of any required notices, the public hearing date for the application shall not be canceled or changed, except by the planning commission, according to its rules of conduct and procedure.

   F.   City Council Public Hearing And Ordinance: A development plan (or amendment to a development plan) referenced in this section, together with any accompanying development agreement, which is considered by the city council, shall, if adopted, be adopted by the city council by ordinance. If a city council public hearing is required for a development plan (or amendment to a development plan) referenced in this section, together with any accompanying development agreement, once the publishing of the city council public hearing notices has been completed, including, if applicable, the placement in the mail of any required notices, the public hearing date for the application shall not be canceled or changed, except by the city council, according to its rules of conduct and procedure. (Ord. 22-13, 5-11-2022; amd. Ord. 23-05, 2-8-2023)

All property subject to a development plan review shall be in single or corporate ownership at the time of application, or the subject of an application. The application shall be filed jointly by all owners of the property and the applicant if the applicant is other than the owners of the property. (Ord. 22-13, 5-11-2022)

   A.   Master Development Plan And Preliminary Subarea Development Plan Expiration: Preliminary approval of a master development plan or subarea development plan shall remain valid for a period of two (2) years upon receiving approval by the city council ; wherein, the allowable maximum density, derived from the approval of the plan shall become void by resolution from the city council. Upon expiration of a development plan and the invalidation of density for the project, the density for the defined project area shall revert to the base density for the underlying zoning district and the zoning designation shall revert to the previous zone established prior to the concept development plan approval.

   B.   Final Development Plan Expiration: A final development plan shall remain valid for a period of three (3) years upon receiving approval by city staff or the planning commission; wherein, the allowable maximum density, derived from the approval of the preliminary development plan, shall become void by resolution from the city council . Upon expiration of the final development plan and the invalidation of density for the project, the density for the defined project area shall revert to the base density for the underlying zoning district. On multi-phased developments, substantial completion of the phases shall ensure the validity of the final development plan; wherein, a phased development may continue and be considered "active" so long as the last approved phase in the development is not left dormant for more than a three (3) year period.

   C.   Extension: One (1) six (6) month extension may be granted by the Zoning Administrator for either the preliminary or final development plan if the applicant/developer provides adequate justification for such an extension. (Ord. 22-13, 5-11-2022)

   A.   Qualified Variations: Variations or modifications to an approved development plan ("variation") are classified as either major or minor. Any variation of or change to an approved development plan, whether major or minor, may only occur as set forth in this section.

   B.   Major Variation:

      1.   A variation to an approved development plan is considered "major" if the variation requested would change, alter, or eliminate an issue or condition addressed in the approved development plan which:

         a.   Is unique to the approved development plan ;

         b.   Was recommended and/or adopted as a condition of approval of the development plan by the Planning Commission;

         c.   Was adopted as a condition of approval of the development plan by the city council ; or

         d.   Was suggested or offered by an applicant as part of the initial application or following submission of the initial application suggested or offered to be included in the development plan by the applicant.

      2.   A major variation to an approved development plan may only occur by an amendment to the approved development plan. The amendment may only be made by either the planning commission or the city council , whichever approved the original development plan.

      3.   A request for an amendment to an approved development plan shall require an application, the payment of the applicable fee, and submission of all information required by this chapter.

      4.   Regarding an application to change or remove an overlay zoning district designation, and consistent with subsection 13-7D-4(C)(2):

         a.   If one or more platted lots in a development with an existing overlay zoning district designation have been sold to an owner , who is not a developer , professional builder, or bank or financial institution , an applicant may not submit, and the city shall not accept, an application to change or remove the existing overlay zoning district designation for said development or for any part of said development; and

         b.   An application seeking city approval to change or remove the existing overlay zoning district designation, or part of such existing district designation, shall be placed on a city council work session agenda and is a major variation that requires an amended development plan (with a planning commission recommendation and approval by the city council).

   C.   Minor Variation:

      1.   A variation is considered "minor" only if the Zoning Administrator determines in writing that (i) the following conditions of the approved development will exist if the variation is approved, and (ii) that the following characteristics of the development will exist following the implementation of the variance in the development:

         a.   No additional uses are added to the approved development plan or the development (residential, commercial , office space, medical, or otherwise);

         b.   All footprints, setbacks, and other requirements of city ordinances, standards, and regulations are met;

         c.   The heights of the buildings are the same or lower than in the approved development plan and in the development ;

         d.   The density of the housing units, if any, is the same or lower than in the approved development plan and in the development ;

         e.   The amount of office space, commercial space, or other similar required space, if any, is the same or more than in the approved development plan and in the development ;

         f.   The amount or number of improvements and amenities, if any, is the same or more than in the approved development plan and in the development ; and

         g.   All other similar measurable criteria are the same or more or "better" on the approved development plan and in the development , as determined by the Zoning Administrator . For example: owner -occupied residential units are deemed to be better than leased or rented residential units; or vinyl fencing is not the same or better than pre-cast concrete decorative fence .

      2.   The request for a minor variation shall be submitted in writing to the Zoning Administrator and shall include the following:

         a.   A detailed description and/or depiction of the nature of the variation or modification request; and

         b.   A detailed explanation of how the variation will not affect the overall intent and purpose of the approved development plan .

      3.   The Zoning Administrator may reject any minor variation request that fails to include any required information.

      4.   The Zoning Administrator is authorized to grant a minor variation in his or her sole discretion only upon a written determination and explanation by the Zoning Administrator, including specific facts related to the development ("written determination"), as follows:

         a.   How and why the variation is consistent with the intent of this article;

         b.   That the variation does not increase the overall allowable maximum density granted to the development ;

         c.   Why the variation does not affect an approved preliminary or final site plan ;

         d.   Why the variation does not affect an approved preliminary or final subdivision or condominiumplat ;

         e.   Specific facts as to why the variation does not constitute a major variation and therefore may be granted by the Zoning Administrator ; and

         f.   The written determination shall be provided to the council office . (Ord. 22-13, 5-11-2022; amd. Ord. 24-33, 9-25-2024)