15-9 Classification of New and Unlisted Business Uses

Purpose: The intent of this section is to meet the requirements established by Utah Senate Bill 179, passed and made effective in 2025, which enacted Utah Code § 10-9a-507.5. This section outlines the process for reviewing a “new or unlisted business use”—i.e., a business activity that does not align with an existing land use specified in the Land Use Ordinance. This is not intended as a process for petitioning to revise ordinances generally or for adding, modifying, or removing permitted or conditional land uses generally, but is limited to new or unlisted business uses. A. Classification Request: An individual may submit a classification request to the Land Use Administrator, who shall act as the Land Use Authority. 1. Upon receipt of a classification request, the Land Use Authority shall determine whether a proposed business use aligns with an existing land use specified in the City’s Land Use Ordinance. 2. In reviewing a classification request and in determining whether a proposed use aligns with an existing use, the Land Use Authority shall consider the existing uses in all zones, both those listed within the respective land use charts or as listed or defined elsewhere within the City’s ordinances. 3. In defining a business use, the Land Use Authority shall first look to the City ordinances for any applicable definition, a defining regulation, or explanation of the use. Absent a clear definition within the City’s ordinances, the Land Use Authority may then look to state law, administrative code, or other commonly accepted definitions of a business that are legally authoritative. a. If a contradiction exists within the City’s own ordinances as to the definition of a business use and whether a proposed use aligns with an existing use, the broadest definition or regulation shall be used in making a determination about a classification request. 4. Aligns with Existing Use. Upon determining that the proposed business use aligns with an existing use, the Land Use Authority shall notify the applicant of the determination and any further steps the applicant may need to undertake before proceeding with such business use (e.g., application for a conditional use permit, building permit, business license, etc.). Failure of the Land Use Authority to inform the applicant of the additional actions required before the applicant can proceed with the business use shall not excuse the applicant from actions required by or applicable regulations in the City’s ordinances or applicable under state law. 5. Bypass to Classification Request. a. Routinely, City staff will engage in informal oral and/or written discussions with an individual about whether a proposed business use aligns with an existing permitted or conditional use within the City’s ordinances. If, through this informal process, the individual and the Land Chapter 15 – Establishment of Zoning Districts Use Authority reach an agreement that the proposed business use does not align with a conditional or permitted use in the specific zone in which the individual desires the proposed business use, then the individual may bypass the formal classification process and submit an application for a new or unlisted business use, as outlined below. b. If the individual bypasses the classification request, the individual shall forego the right to later appeal the Land Use Authority’s classification decision. c. The individual shall affirm the intent to bypass the classification request, the agreement reached with the Land Use Authority, and the waiver of appealing the classification decision in the application for a new or unlisted business use. B. Application for a New or Unlisted Business Use. If a use is determined to be a new or unlisted business use by the Land Use Authority: 1. The applicant shall submit an application for approval of the new or unlisted business use, which shall be submitted to the Planning Commission for review and consideration. The Planning Commission will then make a positive or negative recommendation to the City Council, or make another recommendation for any other adjustment to the Land Use Ordinance, as it relates to the application. 2. Upon receipt of a recommendation from the Planning Commission, the City Council shall consider and determine whether to approve or deny the new or unlisted business use. 3. The City Council shall approve or deny the new or unlisted business use within thirty (30) days of receiving the Planning Commission’s recommendation, or at the City Council’s next scheduled and noticed meeting if a meeting is not scheduled or properly noticed within thirty (30) days. a. Notwithstanding the foregoing, if the City Council requests additional information from the applicant before making a decision, then the timeframe for approval or denial shall commence upon receipt of the requested information. b. The City Council may move forward with its decision to approve or deny the new or unlisted business use even if the additional information requested from the applicant is not received or not received in a timely manner. c. The City Council may make a decision to approve or deny the new or unlisted business use regardless of the applicant’s attendance or non-attendance at the Planning Commission’s or City Council’s properly noticed meetings. d. Before making a decision, a properly noticed public hearing must be held either before the Planning Commission or the City Council. 4. Approval of New or Unlisted Business Use. If the City Council approves a proposed new or unlisted business use, the City Council shall designate an appropriate zone or zones for the approved use. 5. Denial of New or Unlisted Business Use. If the City Council denies a proposed new or unlisted business use, or if an applicant disagrees with the Land Use Authority’s classification of the proposed use, the City Council shall: a. Notify the applicant in writing of the reason for the classification or denial; and b. Offer the applicant an opportunity to challenge the classification or denial through the administrative appeal process outlined in Chapter 3 of the Land Use Ordinance. Providing notice and allowing for the appeal process shall not change the character of the decision(s) made and appealed (i.e., the City Council’s approval or denial being legislative, while the Land Use Authority’s classification decision being administrative). c. An applicant must exhaust the process afforded through this section before appealing a decision. C. Fees for classification requests, application to add a new or unlisted business use, and appeals shall be established and set forth in the City’s Consolidated Fee Schedule, as modified from time to time.