13.08.020: PLANNED UNIT DEVELOPMENT:

3. Site plans for all non-residential developments and for all multi-family developments where there are more than two (2) dwelling units within one structure; and

4. Planned unit developments.

B. Approval Process: The requirements associated with each step shall be reviewed by the Community Development Director and the Technical Review Committee before an application and recommendations are forwarded to, and considered by, the appropriate Land Use Authority. The necessity of submitting revised and additional information, documents, and/or drawings shall be determined by the Land Use Authority or by the Community Development Director with advice from the Technical Review Committee. The steps in the approval process are as follows:

1. Step 1: Determination of Complete Application and Pre-application Meeting. Pre-Application Meeting with the TRC is optional, and available upon request of applicant;

2. Step 2: Preliminary (Planning Commission review and determination; public hearing required); and

3. Step 3: Final (Technical Review Committee review and determination).

C. Application Review Process:

1. The Community Development Director shall review the application for completeness and compliance with applicable regulations. The Community and Economic Development Director or designee shall notify the applicant of the staff determination of approval or denial (for noncompliance) of the application review with applicable findings and comments.

2. When the Community Development Director determines, after review of the application, that one or more of the application requirements and procedural steps are not applicable to the project under consideration, such requirements may be waived in writing.

3. The applicant shall address identified items and resubmit the information to the Community Development Director.

4. When the Community Development Director determines the application is complete, the application shall be forwarded to the Technical Review Committee and to such other governmental departments and agencies for review for review and recommendation.

5. The Community and Economic Development Director or designee shall notify the applicant of the recommendation of the Technical Review Committee; approval or denial (for noncompliance) of the application and, where applicable, the need for other information that may assist the Technical Review Committee to make its recommendation to the Planning Commission.

6. Upon recommendation from the technical review committee that an application meets applicable standards of this title, the community and economic development director shall forward the application to the planning commission.

D. Preliminary Review Process:

1. When the community development director and the technical review committee determine the application is substantially complete, the application shall be forwarded to the planning commission with the technical review committee’s recommendation.

2. The planning commission shall review the application at a regularly scheduled public hearing. Notice of the meeting shall made available as per public noticing provisions provided in Appendix C: “Noticing Requirements” of Title 13.

3. After review of the application at a public meeting the planning commission shall:

a. Approve the application with or without conditions or requirements;

b. Continue the application for further investigation, or postpone action to allow the applicant an opportunity to provide materials or additional information needed by the planning commission to take appropriate action; or

c. Deny the application and include findings material to the denial.

4. The community development director shall notify the applicant in writing of the planning commission action.

5. The planning commission may grant a one-year extension of preliminary approval of an application for good cause if the request for an extension is received prior to that date which is one year from date of the initial approval. In approving an extension, the planning commission may review and modify or amend the original approval conditions and requirements, subject to the same notice and process requirements used for the original approval.

E. Final Review Process:

1. Within one year after receiving approval of the preliminary application or an extension of an approval of a preliminary application by the planning commission, the applicant shall submit an application for final approval by the appropriate land use authority.

2. The Community Development Director shall review the application for completeness and compliance with applicable regulations. The Community and Economic Development Director or designee shall notify the applicant of the staff determination of approval or denial (for noncompliance) of the application review with applicable findings and comments

3. The community development director will distribute copies of the application to the technical review committee for review and recommendation.

4. If the application and all supplementary data comply with the applicable requirements, standards and regulations, the TRC shall approve the application.

5. Within ten (10) working days of the commission decision, the community development director shall notify the applicant in writing of the TRC’s action.

6. The basis for rejection of a final application shall be any of the following:

a. Its nonconformance to adopted rules, regulations and ordinances currently in force and affecting the land and its development;

b. Its lack of conformance with the approved preliminary plan application; or

c. Technical inaccuracies or insufficiencies, and poor workmanship in preparation of the plans and documents.

7. The City Engineer may execute a development agreement and shall establish the kind and amount of financial security as required by this title necessary to guarantee completion of the required public improvements.

8. Final approval of an application by the TRC as the land use authority, shall not relieve the applicant from obtaining other authorizations, permits, or licenses required under this title or other title of this code.

(Ord. 2016-04, 4-14-2016; amd. Ord. 2017-20, 8-3-2017; Ord. 2021-18, 8-5-2021; Ord. 2024-01, 2-1-2024)

13.08.020: PLANNED UNIT DEVELOPMENT:

For development and review procedures see chapter 13.78 of this title. (Ord. 2012-15, 9-20-2012)

13.08.030: SUBDIVISION:

For development and review procedures see chapter 13.10 of this title. (Ord. 2012-15, 9-20-2012)

13.08.040: CONDITIONAL USE PERMIT:

A. Purpose: This section sets forth the procedure for review and approval of a conditional use permit. A conditional use permit shall be required for any use which is a conditional use in this title.

B. Authority: The planning commission is authorized to approve conditional use permits as provided in this section. The planning commission may delegate to the community development director the authority to approve, modify, or deny a conditional use permit as provided in this section.

C. Initiation: A property owner, or the owner's agent, may apply for a conditional use permit. An agent of a property owner shall provide a notarized authorization.

D. Submittal: An application for a conditional use permit shall be submitted as provided in chapter 13.03 of this title. (Ord. 2012-15, 9-20-2012)

E. Noticing: The planning commission shall consider the conditional use application at a public hearing. The City shall provide notice as per public noticing provisions provided in Appendix C: "Noticing Requirements" of Title 13. (Ord. 2016-27, 11-3-2016)

F. Approval Standards: A conditional use shall be approved if reasonable conditions are proposed by the applicant, or can be imposed by the land use authority, to mitigate the potential detrimental effects of the proposed use in accordance with applicable standards set forth in this section.

1. A conditional use shall:

a. Be consistent with policies set forth in the city's general plan applicable to the site where the conditional use will be located.

b. Be allowed by the zone regulations where the conditional use will be located.

c. Be compatible with the character of the site, adjacent properties and uses, and existing development within the vicinity of the site where the use will be located.

d. Provide vehicular access to the site without materially degrading the existing level of service of the abutting streets.

e. Locate all driveways oriented to direct traffic to streets, major or local, without impacting the safety, purpose, and character of these streets.

f. Locate on site parking areas and structures, particularly those locations likely to encourage street side parking for the proposed use, in areas of the site that will not adversely impact the reasonable use of adjacent properties.

g. Accommodate peak traffic to the site without impairing the use and enjoyment of adjacent properties.

h. Provide an internal circulation system designed to mitigate adverse impacts on adjacent property from motorized, nonmotorized, and pedestrian traffic.

i. Restrict hours of operation of the proposed conditional use in relation to the hours of activity or operation of other nearby uses to mitigate noise, light, odor, or other nuisances that unreasonably impair the use and enjoyment of adjacent properties.

j. Demonstrate existing or proposed utility and public services will be adequate to support the proposed use at normal service levels and is designed in a manner to avoid adverse impacts on adjacent land uses, public services, and utility resources.

k. Install appropriate buffering, such as landscaping, setbacks, and building location, to protect adjacent land uses from light, noise, and visual impacts resulting from the proposed use. (Ord. 2015-02, 2-5-2015; amd. Ord. 2016-04, 4-14-2016)

2. A conditional use shall not:

a. Contribute to a detrimental concentration of existing nonconforming or conditional uses substantially similar to the use proposed within one-fourth (1/4) mile of the exterior boundary of the subject property;

b. Result in loss of privacy, objectionable views of large parking or storage areas; or views or sounds of loading and unloading areas; and

c. Encroach on or cause erosion of the bank of a river or stream, or direct runoff into a river or stream without approval by the appropriate stormwater authority.

3. The proposed conditional use and associated development shall comply with all other applicable provisions of this title and this code.

G. Conditions Of Approval: Such conditions shall:

1. Be expressly set forth in the conditional use permit;

2. Not be used as a means to authorize a use intended to be temporary only;

3. Substantially further a legitimate public purpose;

4. Not require the applicant to carry a disproportionate burden in furthering the public purpose of the condition; and

5. In the case of land dedications and other contributions of property, be reasonably related and roughly proportionate to the use of the property for which the conditional use is authorized.

H. Denial: If the anticipated detrimental effects of a proposed conditional use cannot be substantially mitigated by the proposal or by the imposition of reasonable conditions to achieve compliance with applicable standards, the conditional use permit shall be denied.

I. Appeal: A person adversely affected by a final decision of the planning commission regarding approval or denial of a conditional use permit may appeal the decision to the city council.

J. Effect Of Approval:

1. A conditional use permit shall not relieve an applicant from obtaining any other authorization, permit, or license required under this title or other title of this code.

2. A conditional use permit shall run with the land, unless otherwise specified in the approved conditional use permit, and is subject to the provisions relating to amendment, revocation, or expiration of a conditional use permit.

K. Inspection: Following approval of a conditional use permit, the community development director shall ensure that development is undertaken and completed in compliance with the permit.

L. Amendment: The procedure for amending an approved conditional use permit shall be the same as the original procedure set forth in this section.

M. Revocation: A conditional use permit may be revoked as provided in chapter 13.09 of this title.

N. Expiration: A conditional use permit shall expire and have no further force or effect if the building, activity, construction, or occupancy authorized by the permit is not commenced within two (2) years after approval. A twelve (12) month extension may be approved by the land use authority subject to payment of an extension fee equal to the original filing fee. (Ord. 2012-15, 9-20-2012; amd. Ord. 2016-04, 4-14-2016; Ord. 2021-18, 8-5-2021)

13.08.050: PROJECTS IN HOLLADAY VILLAGE ZONE:

For development and review procedures see chapter 13.71 of this title. (Ord. 2012-15, 9-20-2012)

13.08.060: PROJECTS IN OFFICE, RESEARCH PARK AND DEVELOPMENT ZONE:

For development and review procedures see chapter 13.45 of this title. (Ord. 2012-15, 9-20-2012)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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