13.08.080: SITE PLAN:

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)

13.08.090: TEMPORARY USE PERMIT:

A. Purpose: This section sets forth the procedure for considering and approving a temporary use permit including seasonal and temporary sales uses.

B. Authority: The community development director may issue a temporary use permit as provided in this section.

C. Initiation: A person may apply for a temporary use permit as provided in this section. An agent of such person shall provide an affidavit of authorization.

D. Procedure: An application for a temporary use permit shall be considered and processed as provided in this subsection.

1. Submission of an application for a temporary use permit shall be as provided in chapter 13.03 of this title. The application shall also show:

a. The requested temporary use;

b. The place, date, and hours of operation of the proposed use;

c. A statement of the approximate number of persons, animals, and/or vehicles which will participate in the event or be generated by the temporary use, and an explanation of how the number was derived, such as the number of presold tickets, available seating and/or parking, and past experience with similar activities;

d. The following maps, plans, and documents evidencing sufficient measures to be taken to reasonably protect the health, safety, and welfare of patrons and the public in general:

(1) A scale drawing of the area in which the use is to be conducted, showing the location of existing structures and improvements on the site of the proposed temporary use, such as, parking areas, curbs and outside storage areas; and

(2) Sufficient evidence to demonstrate that the temporary use will meet the requirements of this section; and

(3) Written approval from the property owner to locate on the site;

(4) Other information as reasonably requested by the community development director to determine the feasibility of the temporary use.

2. 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.

3. Upon receipt of a recommendation from the technical review committee, the community development director shall act upon the temporary use permit application based upon the standards set forth in subsection E of this section. To determine the compatibility of uses, the community development director may call a public hearing before the planning commission.

4. A record of each temporary use permit shall be maintained in the community development department.

E. Approval Standards: The following standards shall apply to the issuance of a temporary use permit:

1. A temporary use shall conform to all recommendations received from the technical review committee.

2. No temporary use permit shall be issued unless the community development director finds the proposed temporary use:

a. Will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working within the vicinity, or injurious to property, improvements, or the public in general;

b. Will not substantially interrupt the safe and orderly movement of public transportation or other vehicular and pedestrian traffic in the area, nor block traffic lanes or hinder traffic during peak commuter hours on weekdays on a primary arterial street or principal commuter route designated by the city;

c. Will not conflict with construction or development in a public right of way or at public facilities;

d. Will not unduly interfere with the movement of police, fire, ambulance, or other emergency vehicles on the streets, nor require the diversion of so great a number of police, fire, or other essential public employees from their normal duties as to prevent reasonable police, fire, or other public services protection to the remainder of the city;

e. Will not conflict with nor be incompatible with the permitted uses and regulations of the zone where the temporary use will be located; and

f. Complies with sections 13.76.250 and 13.76.501 of this title, title 5 of this Code, business licensing requirements and other applicable provisions of this Code.

3. In issuing a temporary use permit, the Community Development Director may determine:

a. The length of time the permit may remain valid;

b. The hours of operation of the use; and

c. Other regulations necessary for the public welfare.

F. Appeal: A person adversely affected by a decision of the Community Development Director regarding approval or denial of a temporary use permit may appeal the decision to the Planning Commission.

G. Effect Of Approval: Approval of a temporary use permit shall authorize an applicant to engage in the temporary use subject to conditions of approval as may be imposed by the Community Development Director.

H. Amendment: The procedure for amending a temporary use permit shall be the same as the original procedure set forth in this section.

I. Expiration: A temporary use permit shall expire as provided in the permit. (Ord. 2012-15, 9-20-2012)

13.08.100: BUILDING PERMIT ZONING COMPLIANCE REVIEW:

A. Purpose: This section sets forth the procedure for determining zoning compliance of a building permit application. This section applies, in addition to all applicable requirements of building codes and regulations adopted by the City.

B. Authority:

1. The Community Development Director, with a recommendation from the TRC, is authorized to review building permits for zoning compliance as provided in this section.

2. The building official is authorized to review and approve a building permit as provided in the building codes adopted by the City.

C. Initiation: A property owner or owner's authorized agent may apply for a building permit as provided in the building codes adopted by the City.

D. Submission: A complete building permit application and applicable zone worksheet shall be submitted to the Technical Review Committee in a form established by the Community Development Director along with a fee established by the City.

E. Zoning Compliance Approval Standard: No building permit shall be approved for zoning compliance unless the proposed building, structure, or use when built and the land on which it is located will conform to the provisions of this title and those conditions of approval required under a permit applicable to the subject property. (Ord. 2017-20, 8-3-2017)

F. Appeal: A person adversely affected by a decision of the Community Development Director regarding zoning compliance of a building permit may appeal such decision to the Administrative Appeals Board.

G. Effect Of Approval: Approval of zoning compliance shall authorize an applicant to proceed with the building permit review process. The requirements of this section shall be in addition to other requirements of the issuance of a building permit as contained in this title and other applicable provisions of this Code.

H. Amendment: The procedure for amending a building permit zoning compliance decision shall be the same as the original procedure set forth in this section.

I. Expiration: A building permit shall expire and have no further force or effect if the building, activity, construction or occupancy authorized by the approval is not commenced within the time period provided by the adopted Building Code. (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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