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For development and review procedures see chapter 13.10 of this title. (Ord. 2012-15, 9-20-2012)
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)
For development and review procedures see chapter 13.71 of this title. (Ord. 2012-15, 9-20-2012)
For development and review procedures see chapter 13.45 of this title. (Ord. 2012-15, 9-20-2012)
For development and review procedures see chapter 13.72 of this title. (Ord. 2012-15, 9-20-2012)
A. Purpose: This section sets forth the procedure for review and approval of a site plan in all zones. Such procedure is intended to provide for orderly, harmonious, safe, environmentally sensitive and functionally efficient development consistent with the priorities, values, and guidelines found in various elements of the Holladay City general plan and this title.
B. Authority: The planning commission and community development director are authorized to approve site plans as provided in this section.
C. Initiation: A property owner may request approval of a site plan as provided in this section. An agent of a property owner shall provide a notarized authorization.
D. Procedure:
1. Site plan applications shall be reviewed in three (3) steps as per section 13.08.010 of this chapter.
2. Submission of an application for site plan review shall be as provided in chapter 13.03 of this title.
3. After the application is determined to be complete, the community development director shall forward the application to the technical review committee for its review and recommendation.
4. Upon receipt of a recommendation from the technical review committee, the community development director shall forward the application to the planning commission for conceptual review and preliminary approval.
5. Following a public hearing as required by subsection 13.08.010C7 of this chapter, and pursuant to the standards set forth in subsection E of this section, the planning commission, shall:
a. Approve the site plan with or without additional requirements;
b. Continue its review of the site plan; or
c. Deny the application.
6. Unless otherwise designated by the planning commission, a decision approving a site plan shall be deemed preliminary approval of the application.
7. Except as specified in subsection 13.08.010D5 of this chapter, the community development director is authorized to grant final approval of a site plan application after all conditions and requirements of the preliminary approval which are necessary for final approval have been met. Final approval of a site plan application shall be in the form of a letter to the applicant which, together with an approved site plan, if required, shall constitute final approval.
8. After a final decision to approve, approve with requirements, or deny a site plan, the community development director shall give the applicant written notice of the decision within ten (10) days.
9. A record of each approved site plan shall be maintained in the community development department. (Ord. 2012-15, 9-20-2012)
E. Approval Standards: The planning commission shall approve a site plan only upon conformance with the requirements of this title as applicable to the zone in which the development occurs and the following standards relating to: (Ord. 2015-02, 2-5-2015)
1. Safety for persons and property:
a. Building elevations and grading plans designed to prevent or minimize floodwater damage, where property may be subject to flooding; (Ord. 2012-15, 9-20-2012)
b. Relocation, covering, or fencing of irrigation ditches, drainage channels, and other potential attractive nuisances existing on or abutting the property; (Ord. 2015-02, 2-5-2015)
c. Increased or decreased setback distances from lot lines where the planning commission determines it to be necessary to ensure public safety and to ensure compatibility with the intended characteristics of the properties in the area;
d. Limitations and control of the number, location, color, size, height, lighting, and landscaping of outdoor advertising signs and structures in relation to the creation of traffic hazards and appearance and harmony with adjacent development;
e. The location, arrangement, and dimensions of truck loading and unloading facilities;
f. Construction of curbs, gutters, drainage culverts, sidewalks, streets, fire hydrants, and street lighting, as well as, dedication of property within a future right of way as shown on the city of Holladay circulation map adopted as part of the Holladay city general plan;
g. Reduction of permitted street grades for winter and storm conditions, or exposure;
h. Proposed fence heights that will not create visual or other safety hazards, including backing movements, passing vehicles, sidewalk traffic, and small children; and
i. Mitigation measures designed to prevent graffiti;
2. Health and sanitation measures:
a. A guarantee of sufficient water to serve the intended land use and a water delivery system meeting standards adopted by the unified fire authority and city council;
b. A wastewater disposal system and a solid waste disposal system meeting standards adopted by the city and the Salt Lake Valley health department regulations; and
c. Construction of water mains, sewer mains, and drainage facilities serving the proposed use, in sizes necessary to protect existing utility users in the district and to provide for an orderly development of land in the city;
3. Environmental concerns:
a. Limitations and/or restrictions on the use and/or location of uses in sensitive areas due to soils capabilities, wildlife and plant life;
b. Processes for the control, elimination, or prevention of land, water, air or other natural resource pollution; the prevention of soil erosion; and the control of objectionable odors;
c. The planting of locally adapted ground cover or other surfacing to prevent dust and erosion;
d. Appropriate design, construction, and location of structures, buildings, and facilities with respect to existing environmental conditions such as geologic hazards, wetlands, groundwater, floodplains, fault zones, landslide areas, rockfall, or steep slopes;
4. Conformance with the goals, objective and policies of the general plan;
5. Removal of incompatible structures, debris, or plant materials;
6. Landscaping shall of highly water efficient design incorporating Localscapes® design criteria (as defined 13.040.040);
7. The location, height, and materials of walls, fences, hedges, and screen plantings to ensure harmony with abutting development;
8. Relocation of proposed or existing structures as necessary to provide for future streets as shown on the Holladay city circulation map, adequate sight distances for general safety, groundwater control, or similar problems;
9. Provision for, or construction of, recreational facilities necessary to satisfy needs of the proposed use;
10. Other improvements which serve the property and which may compensate for possible adverse impacts to the district from the proposed use;
11. Consideration of specific short and long range use of development to assure future timeliness, feasibility, and impact on the community;
12. Energy conservation concerns;
13. Dark sky protection (elimination of off site light source visibility and light trespass).
F. Appeal: A person adversely affected by a final decision of the planning commission regarding approval or denial of a site plan may appeal the decision to the city council.
G. Effect Of Approval: Every site for which a site plan has been approved shall conform to such plan.
1. A building permit shall not be issued for a building or structure, external alterations thereto, or sign or advertising structure until the provisions of this section have been met. No structures or improvements may be constructed unless shown on an approved site plan.
2. Approval of a site plan shall not be deemed as approval of a conditional use permit or other permit. Approval of such permits shall be obtained in accordance with applicable provisions of this title and other applicable provisions of this code.
H. Amendment: Except as may be provided elsewhere in this title, no element of an approved site plan shall be changed or modified without first obtaining approval of an amended site plan as follows:
1. Alteration or expansion of an approved site plan may be permitted by the community development director upon making the following findings:
a. The proposed amendment does not relate to a specific requirement of approval by the approving authority;
b. The amended site plan will conform to applicable requirements of this code;
c. The proposed alteration or expansion meets the approval standards of subsection E of this section;
d. The architecture of the proposed alteration or expansion, and landscaping, site design and parking layout are compatible with facilities existing on the site; and
e. The site can accommodate a change in the number of employees on the site or a change in impact on surrounding infrastructure.
2. If the community development director cannot make the findings required in the foregoing subsection, an amended site plan shall be approved by the planning commission before an alteration or expansion occurs.
3. Except as provided in subsection H1 of this section, the procedure for approval of an amended site plan shall be the same as the procedure for approval of an original site plan as set forth in this section.
I. Expiration: A site plan approval issued pursuant to this section shall expire and have no further force or effect if the building, activity, construction, or occupancy authorized by the approval is not commenced within two (2) years of the date of the 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. 2022-14, 6-16-2022)
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