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Any public hearing or public meeting required under this title shall be scheduled and held subject to the requirements of this section.
A. Scheduling Of Meetings: An application requiring a public hearing or meeting shall be scheduled within a reasonable time following receipt of a complete application. The amount of time between receipt of a complete application and holding a public hearing or meeting shall be considered in the light of:
1. The complexity of the application submitted;
2. The number of other applications received which require a public hearing or meeting;
3. Available staff resources; and
4. Applicable public notice requirements.
B. Minutes And Recording: Written minutes and a recording shall be kept of all public hearings and meetings as provided in Utah Code Annotated section 52-4-203, as amended. Written minutes of an open meeting shall include:
1. The date, time, and place of the meeting;
2. The names of members present;
3. The substance of all matters proposed, discussed, or decided, and a record, by individual member, of the vote taken;
4. The names of the persons who provided testimony or comments to the public body, and the substance, in brief, of the testimony or comments provided; and
5. Any other information that is a record of the proceedings of the meeting or hearing that any member requests be entered in the minutes or recording.
C. Record Of Meeting: The minutes, tape recordings, all applications, exhibits, papers and reports submitted in any meeting before the decision making body or official, and the decision of the decision making body or official, shall constitute the record thereof. Written and approved minutes shall be the official record of action taken at a public meeting. The record shall be made available for public examination as provided in title 2 of this code. (Ord. 2012-15, 9-20-2012)
A. In General:
1. The city shall provide notice of any public hearing or meeting required for consideration of a land use application under this title. For purposes of this title, noticing requirements set forth herein shall not apply to applications for building permits.
2. The agenda of any public hearing or public meeting required for consideration of a land use application under this title shall be as per public noticing provisions provided in Appendix C: "Noticing Requirements" of Title 13.
B. Applicant Notice:
1. For a land use application, the city shall:
a. Notify the applicant of the date, time, and place of the public hearing or meeting to consider the application;
b. Provide to the applicant a copy of the staff report regarding the applicant or the pending application at least three (3) business days before the public hearing or meeting; and
c. Notify the applicant in writing of any final action on a pending application.
2. If the city fails to comply with the requirements of subsection Bla or Bib of this section, or both, an applicant may waive the failure so that the application may stay on the public hearing or public meeting agenda and be considered as if the requirements had been met.
C. Third Party Notice: as per public noticing provisions provided in Appendix C: "Noticing Requirements" of Title 13.
D. Public Meetings: The city shall provide notice as per public noticing provisions provided in Appendix C: "Noticing Requirements" of Title 13.
E. Notice Challenge: If notice given under the authority of this section is not challenged within thirty (30) days after the meeting or action for which notice is given, the notice is considered adequate and proper. (Ord. 2016-04, 4-14-2016; amd. Ord. 2021-18, 8-5-2021)
The decision making standards set forth in this section are based on the fundamental distinction between legislative, administrative, and quasi-judicial proceedings. Legislative proceedings establish public law and policy applicable generally, while administrative and quasi-judicial proceedings apply such law and policy to factually distinct, individual circumstances.
A. Legislative Procedures:
1. Legislative land use decisions include the following:
a. General plan amendments;
b. Zoning map amendments;
c. Zoning text amendments;
d. Street vacations and modifications to public easements and rights of way;
e. Temporary land use regulations; and
f. Historic site designation.
2. Decisions regarding a legislative application shall be based on the "reasonably debatable" standard, as follows:
a. The land use authority shall determine what action, in its sole judgment, will reasonably promote the public interest, implement the general plan, conserve property value, avoid incompatible development, encourage appropriate land use and development, and promote the general public welfare.
b. In making such determination, a land use authority member may, among other things, consider:
(1) Staff reports;
(2) Testimony presented at a public hearing or meeting;
(3) Personal knowledge of conditions and activities bearing on the issue at hand; and
(4) The effect that a particular proposal may have on existing conditions and activities and upon orderly development of the city.
c. The land use authority shall state on the record the rationale for its decision.
B. Administrative Procedures:
1. Administrative land use decisions include the following:
a. Subdivisions, where the vacation or modification of a public street is not involved;
b. Permitted use site plan;
c. Conditional use permit;
d. Permitted use;
e. Temporary use permit;
f. Sign permit;
g. Building permit;
h. Special exception; and
i. Any land use application where a provision of this title is applied to a factually distinct, individual circumstance but which is not an appeal.
2. Decisions regarding an administrative land use application shall be based on the "substantial evidence" standard as follows:
a. Any administrative land use application for which substantial evidence in the record shows compliance with requirements applicable to the application shall be approved.
(1) "Substantial evidence" is that quantity and quality of relevant evidence adequate to convince a reasonable mind to support a conclusion.
(2) Modifications may be imposed to conform an application with applicable requirements of this title.
b. A decision under this subsection shall include at least the following elements:
(1) A statement of approval, approval with requirements, or disapproval, as the case may be; and
(2) A summary of evidence presented which forms the basis for the decision, including specific references to applicable standards set forth in this title, other provisions of this code, or other applicable law.
C. Quasi-Judicial Procedures:
1. Quasi-judicial land use decision include the following:
a. Administrative interpretation;
b. Nonconformity determination;
c. Variance;
d. Appeal of an administrative decision;
e. Permit revocation;
f. Zone boundary or map interpretation.
D. Fundamental Fairness: Consideration of any land use application shall be fundamentally fair, which for the purpose of this title means:
1. In any land use proceeding, notice is provided as required by this title and fair procedure is applied to the proceeding; and
2. In a legislative proceeding, a decision by the city council which advances a legitimate public purpose and could advance the public welfare. (Ord. 2012-15, 9-20-2012)
A. Pending Text Or Zoning Map Amendments:
1. An applicant is entitled to approval of an administrative land use application if the application conforms to the requirements of this code when a complete application is submitted and all fees have been paid, unless:
a. The land use authority, on the record, finds that a compelling, countervailing public interest would be jeopardized by approving the application; or
b. Before the application is submitted, the appropriate land use authority has forwarded a formal recommendation to the legislative body to amend the provisions of this title in a manner that would prohibit approval of the application as submitted. Formal initiation of an amendment means compliance with section 13.07.030 of this title.
2. If a text or zoning map amendment which may affect an application is pending prior to submission of an application, the applicant shall not be entitled to rely on existing provisions but may be required to comply with newly enacted provisions as set forth in this subsection.
3. The city shall process an application without regard to a pending amendment to this title if:
a. One hundred eighty (180) days have passed since the pending amendment was forwarded to the legislative body; and
b. Action of the legislative body has not resulted in an enactment that prohibits approval of the application as submitted.
B. Imposition Of Permit Requirements: The city may not impose on a holder of an issued land use permit or approved subdivision plat a requirement that is not expressed in:
1. The land use permit or subdivision plat, documents on which the land use permit or subdivision plat is based, or the written record evidencing approval of the land use permit or subdivision plat; or
2. This title or any other applicable city ordinance.
C. Certificates Of Occupancy: The city may not withhold issuance of a certificate of occupancy or acceptance of subdivision improvements because an applicant fails to comply with a requirement that is not expressed in:
1. The building permit or subdivision plat documents on which the building permit or subdivision plat is based, or the written record evidencing approval of the building permit or subdivision plat; or
2. This title or any other applicable city ordinance. (Ord. 2012-15, 9-20-2012)
The city may impose an exaction or exactions on development proposed in a land use application, if:
A. An essential link exists between a legitimate governmental interest and the exaction; and
B. The exaction is roughly proportionate, both in nature and extent, to the impact of the proposed development. (Ord. 2012-15, 9-20-2012)
A. Extent Of Vested Rights: Upon approval of a land use application under this title, vested rights accrue only to the extent of such approval.
B. Termination Of Vested Rights:
1. The continuing validity of an approved land use application is conditioned upon the applicant proceeding after approval to implement the approval with reasonable diligence.
2. An applicant who has obtained vested rights under this title shall proceed with reasonable diligence to exercise development rights authorized by an approved application. Failure to take substantial action on an approved application. If the applicant fails to take substantial action on an approved application prior to the expiration date of such approval, as set forth in this title, such vested rights shall be terminated.
C. Waiver Of Vested Rights: An applicant having vested rights shall continually conform to all conditions of an approved application. An applicant's failure to do so shall constitute the applicant's knowing and wilful waiver of the applicant's vested rights under the application. (Ord. 2012-15, 9-20-2012)