10-7-10: SITE PLAN REVIEW:
   A.   Purpose: This section sets forth procedures for considering and approving preliminary site plans and site plans. These procedures are established to encourage adequate advanced planning and assure a good quality environment for the City. Such procedure is intended to provide for orderly, harmonious, safe, and functionally efficient development consistent with priorities, values, and guidelines stated in the various elements of the Hurricane City General Plan, this title, and the general welfare of the community. (Ord. 2005-6, 2-17-2005)
   B.   Authority: The Planning Commission is authorized to approve preliminary and final site plans as provided in this section; provided, however, that the Zoning Administrator shall be authorized to approve final site plans for industrial buildings in approved industrial subdivisions in accordance with the requirements of this title when requested by the applicant and when such approval is deemed by the Zoning Administrator to be of a routine or uncontested nature which presents no issue requiring consideration by the Planning Commission.
Any resulting decision of the Zoning Administrator shall, upon request by the applicant within ten (10) days after a determination by the Zoning Administrator, be submitted for a de novo review and decision by the Planning Commission at their next available meeting. (Ord. 2019-09, 7-18-2019)
   C.   Initiation: A property owner, or the owner's agent, may request approval of a preliminary site plan and/or site plan as provided in subsection D of this section.
      1.   A site plan shall be required for any of the following uses unless expressly exempted from such requirement by another provision of this title:
         a.   Any multiple-family residential use;
         b.   Any public or civic use;
         c.   Any commercial use; or
         d.   Any industrial use.
      2.   When site plan approval is required, no building permit for the construction of any building, structure, or other improvement to the site shall be issued prior to approval of a site plan. No cleaning, grubbing, drainage work, parking lot construction, or other site improvement shall be undertaken prior to site plan approval.
   D.   Procedure: The Zoning Administrator shall determine if the scope of the project requires both preliminary site plan and site plan approvals or solely site plan approval. Both preliminary site plan approval and site plan approval shall be required for zone changes to planned development overlay or changes to an approved planned development overlay. An application for preliminary site plan approval and/or site plan approval shall be considered and processed as provided in this subsection.
      1.   A complete application shall be submitted to the Zoning Administrator in a form established by the Administrator along with any fee established by the City's schedule of fees.
      2.   A preliminary site plan shall be drawn to scale and shall show a realistic layout reflecting how property reasonably could be developed considering existing and envisioned conditions on the subject property and adjoining property, and the development standards of the zone in which the property is located.
         a.   A preliminary site plan shall include at least the following information:
            (1)   The name, address and telephone number of the applicant and the applicant's agent, if any;
            (2)   Location, topography showing two foot (2') contours, identification of thirty percent (30%) or greater slopes, and layout of proposed uses;
            (3)   Location of open space;
            (4)   Proposed access to the property and traffic circulation patterns;
            (5)   Preliminary utility plan, including water, sewer, and storm drainage plans, and including access points to utilities;
            (6)   Proposed reservations for parks, playgrounds, schools, and other public facility sites, if any;
            (7)   Adjoining properties and uses;
            (8)   Tables showing the number of acres in the proposed development and a land use summary;
            (9)   A phased development plan if applicable.
         b.   A preliminary site plan is not intended to permit actual development of property pursuant to such plan but shall be prepared merely to represent how the property could be developed. Submittal, review, and approval of an application for a preliminary site plan shall not create any vested rights to development.
      3.   A site plan application shall include at least the following information:
         a.   The name, address and telephone number of the applicant and the applicant's agent, if any;
         b.   The uses for which site plan approval is requested;
         c.   A set of development plans showing the information required in subsections D3c(1) to D3c(5) of this section. The information required by each subsection shall be shown on separate sheets. Plans shall be drawn at a scale no smaller than one inch equals one hundred feet (1" = 100'). Except for the landscaping plan, the plans shall be prepared, stamped and signed by a professional engineer licensed by the state of Utah. The zoning administrator shall reasonably determine the number of sets of plans required to undertake the review required by this section. One set of plans, reduced to fit on eleven inch by seventeen inch (11" x 17") paper, shall be provided.
            (1)   Site plan showing the following:
               (A)   All facilities related to the project located within two hundred fifty feet (250') of the site boundary;
               (B)   Layout, dimensions, and names of existing and future road rights of way;
               (C)   Project name, north arrow, and tie to a section monument;
               (D)   The boundary lines of the project site with bearings and distances;
               (E)   Layout and dimensions of proposed streets, buildings, parking areas, and landscape areas;
               (F)   Location, dimensions, and labeling of other features such as bicycle racks, dumpsters, trash cans, fences, signage, mechanical equipment;
               (G)   Location of manmade features including irrigation facilities, bridges, railroad tracks, and buildings;
               (H)   A tabulation table, showing total gross acreage, square footage of street rights of way, square footage of building footprint, square footage of total building floor area, square footage of landscaping, number of parking spaces, and if any, the number and type of dwellings, and the percentage devoted to each dwelling type and overall dwelling unit density; and
               (I)   Identification of property, if any, not proposed for development.
            (2)   Grading and drainage plan showing the following:
               (A)   North arrow, scale, and site plan underlay;
               (B)   Topography contours at two foot (2') intervals;
               (C)   Areas of substantial earth moving with an erosion control plan;
               (D)   Location of existing watercourses, canals, ditches, springs, wells, culverts, and storm drains, and proposed method of dealing with all irrigation and waste water;
               (E)   Location of any designated floodplain and/or wetland boundaries;
               (F)   Direction of stormwater flows, catch basins, inlets, outlets, waterways, culverts, detention basins, orifice plates, outlets to off site facilities, and off site drainage facilities when necessary based on adopted city requirements; and
            (3)   Utility plan showing the following:
               (A)   North arrow, scale, and site plan underlay;
               (B)   All existing and proposed utilities including, but not limited to: sewer, culinary water, secondary water, fire hydrants, storm drains, subsurface drains, gas lines, power lines, communications lines, cable television lines, and streetlights;
               (C)   Minimum fire flow required by the uniform fire code for the proposed structures, and fire flow calculations at all hydrant locations;
               (D)   Location and dimensions of all utility easements; and
               (E)   A letter from sewer and water providers, addressing the feasibility and their requirements to serve the project.
            (4)   Landscaping plan, consistent with the requirements of chapter 32 of this title.
            (5)   Building elevations for all buildings showing the following:
               (A)   Accurate front, rear, and side elevations drawn to scale;
               (B)   Exterior surfacing materials and colors, including roofing material and color;
               (C)   Outdoor lighting, furnishings and architectural accents; and
               (D)   Location and dimensions of signs proposed to be attached to the building or structure.
         d.   Where one or more conditions of unusual soil, vegetation, geology or slope exist, resulting in increased fire, flood or erosion hazards, traffic circulation problems, sewage disposal problems and potential property damage from extensive soil slippage and subsidence, an applicant shall, upon request of the planning commission or city engineer, provide contour and drainage plans, cut and fill specifications, and soil and geologic reports. The required details of such reports and plans may vary depending on the severity of the unusual conditions, but in any event such plans and reports shall be reviewed and approved by the city prior to final approval of a development project.
         e.   Any necessary agreements with adjacent property owners regarding storm drainage or other pertinent matters.
         f.   Evidence of compliance with applicable federal, state, and local laws and regulations, if requested by the zoning administrator.
         g.   A traffic impact analysis, if requested by the city engineer or the planning commission.
         h.   Warranty deed or preliminary title report or other document showing the applicant has control of the property, if requested by the zoning administrator.
         i.   Parcel map(s) from the county recorder's office showing the subject property and all property located within four hundred feet (400') thereof, if requested by the zoning administrator.
      4.   After the application is determined to be complete, the zoning administrator shall schedule a public meeting before the planning commission as provided in section 10-7-4 of this chapter.
      5.   The planning commission shall hold a public meeting and thereafter shall approve, approve with conditions, or deny the application pursuant to the standards set forth in subsection E of this section. Any conditions of approval shall be limited to conditions needed to conform the site plan to approval standards.
         a.   In the case of a preliminary site plan for a planned development, planning commission approval shall not be effective unless and until a corresponding planned development overlay zone is approved by the city council. (Ord. 2005-6, 2-17-2005)
   E.   Standards For Approval: The following standards shall apply to the approval of a site plan:
      1.   Site Development: The entire site shall be developed at one time unless a phased development plan is approved.
      2.   Compliance With Standards: A site plan shall conform to applicable standards set forth in this title and other applicable provisions of this Code. Conditions may be imposed as necessary to achieve compliance with applicable Code requirements.
      3.   Agreement; Letter Of Credit: In order to assure that the development will be constructed to completion in an acceptable manner, the City may require the applicant to enter into an agreement and provide a satisfactory letter of credit or escrow deposit. The agreement and letter of credit or escrow deposit shall assure timely construction and installation of improvements required by a site plan approval.
      4.   Planned Center Uses: In a planned center, individual uses shall be subject to the following requirements:
         a.   The overall planned center shall have been approved as a conditional use which shall include an overall site plan, development guidelines and a list of uses allowed in the center.
         b.   Development guidelines for a planned center shall, at a minimum, address the following topics:
            (1)   General site engineering (e.g., storm drainage, provision of utilities, erosion control, etc.);
            (2)   Architectural guidelines, including building setbacks, height, massing and scale, site coverage by buildings, materials, and colors;
            (3)   Landscaping and open space standards;
            (4)   Signage;
            (5)   Exterior lighting;
            (6)   Parking, pedestrian and vehicular circulation, and access to the site;
            (7)   Rights of access within the center (use of cross easements, etc.);
            (8)   Development phasing and improvements/amenities to be completed with each phase;
            (9)   Outdoor sales, storage and equipment;
            (10)   Fencing and walls; and
            (11)   Maintenance standards and responsibilities.
         c.   After approval of a planned center, individual uses therein may be approved pursuant to a building permit. Building permits for individual uses with an approved planned center shall be reviewed by the Zoning Administrator for compliance of the proposed use to the overall site plan, development guidelines and approved use list for the planned center. The Zoning Administrator shall approve, approve with conditions, or deny the permit based on compliance with applicable conditions of the site plan and provisions of this title. (Ord. 2004-15, 6-17-2004)
   F.   Appeal Of Decision: Any person adversely affected by a decision of the Planning Commission or Zoning Administrator regarding approval or denial of a site plan may appeal to the Appeal Board in accordance with the provisions of section 10-7-19 of this chapter. (Ord. 2018-12, 10-18-2018)
   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 any building or structure, external alterations thereto, or any 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 or required by law.
      2.   Approval of a site plan shall not be deemed an approval of any conditional use permit or other permit. Approval of such permits shall be obtained in accordance with applicable provisions of this title. However, the Zoning Administrator may allow the application for a conditional use permit to be considered concurrently with the site plan application.
   H.   Amendments: Except as may be provided for 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 Zoning Administrator upon making the following findings:
         a.   Any proposed use is consistent with uses permitted on the site;
         b.   Existing uses were permitted when the site plan was approved, or have received a conditional use permit;
         c.   The proposed use and site will conform to applicable requirements of this Code;
         d.   The proposed alteration or expansion meets the approval standards of subsection E of this section;
         e.   The architecture of the proposed alteration or expansion, and landscaping, site design and parking layout are compatible with facilities existing on the site; and
         f.   The site can accommodate any change in the number of employees on the site or any change in impact on surrounding infrastructure.
      2.   If the Zoning Administrator cannot make the findings required in the foregoing subsection, a conditional use permit or amended site plan, as the case may be, shall be approved before any alteration or expansion occurs.
      3.   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.   Revocation: A site plan approval may be revoked as provided in section 10-9-6 of this title.
   J.   Expiration: A site plan approval shall expire and have no further force or effect if the building, activity, construction or occupancy authorized by the approval is not commenced within one year. (Ord. 2004-15, 6-17-2004)