10-4B-13 Site Plan Approval

No city officer shall grant a permit or license for the use of any building or land or for the construction or alteration of any building or structure that does not comply with the provisions of this land use ordinance. Approvals given in violation of this ordinance are void. 1. Land Use Permit Required: A signed Land Use Permit signifying that the proposed use complies with the land use ordinance and setting forth the relevant city fees shall be received before a building permit can be issued. a. The permit must be signed by the Mayor, Planning Commission chair, Land Use Authority, Fire official, Public Works director, and City Recorder. b. Some uses under this code require issuance of Conditional Use Permits by the City Council before a Zoning Permit can be signed. c. Zoning Permits expire six (6) months from the date issued if significant physical construction work under the permit has not begun. Significant physical construction work includes activities such as pouring concrete for footings or foundations, major structural work, or installation of essential infrastructure (e.g., plumbing, electrical, sewage). Preliminary activities such as site preparation, excavation, surveying, or delivery of materials are not considered significant physical construction work. d. As part of the zoning permit, the applicant may be required to obtain approval from other affected entities, such as UDOT, local Irrigation Companies, utility companies, etc. having infrastructure on the proposed lot or which will be directly affected by the proposed development, before a zoning permit will be issued by the City. e. Buildable area: Structures shall not be constructed on slopes of 20% or greater unless the final design is reviewed and approved by a professional geotechnical engineer or a similarly qualified professional, and a conditional use permit has been issued for the development. For projects on slopes less than 20%, the City Engineer may require a professional review if, in their opinion, the site’s field conditions warrant additional scrutiny due to unusual conditions or terrain. f. If the design or engineering of any application or proposed land use is beyond the expertise of the City Staff, the City may require third party review by an engineer approved by the City prior to the issuance of a land use permit. i. The applicant shall pay an additional fee to cover the cost of the third party review. g. Applicants must submit a complete application to the City by the close of business at least fourteen (14) days prior to the Planning Commission meeting. This timeframe ensures that the required reviews by the Development Review Committee (DRC) can be completed. An application will not be placed on the Planning Commission agenda for final approval until all necessary signatures from the DRC members, signifying their approval within their respective jurisdictions, are obtained. 2. Building Permit Required: Erection, alteration, repair, removal or relocation of any building shall not commence or proceed without a written building permit and/or demolition permit issued by the Building Official according to the requirements of the adopted building code. Pools with electrical covers or submersed lighting, also require a permit. Flat concrete work such as driveways, sports courts, etc. do not require a building permit unless the flat work is done as part of a larger project involving buildings and/or structures which would normally require a building permit. 3. Occupancy Permit Required: No land shall be used or occupied and no building hereafter structurally altered or erected shall be used or changed in use until a certificate of occupancy shall have been issued by the Building Inspector stating that the building or the proposed use thereof, or the use of the land complies with the provisions of this ordinance and any other applicable local, state or federal regulation. Certificates of Occupancy are required within ten days of completion of work. 4. Application Approvals: Complete applications for land use approvals are to be considered under the law that was in place when a complete application was submitted and all fees have been paid, unless the application jeopardizes a compelling, countervailing public interest; or a pending amendment to the ordinances was initiated as provided in city ordinance prior to the application. Pending amendments are of no consequence if not adopted within 180 days of being proposed. (Utah Code §. 10-10a509) 5. Exactions: The city (or town) may impose an exaction or exactions on proposed land use development if: a. an essential nexus exists between a legitimate governmental interest and each exaction; and b. each exaction is roughly proportionate, both in nature and extent, to the impact of the proposed development. 6. Application Made to Conform to Zoning Map: An applicant is entitled to approval of a land use application if the application conforms to the requirements of the City’s zoning map and applicable land use ordinance in effect when a complete application is submitted and all fees have been paid, unless: a. The City Council, on the record, finds that a compelling, countervailing public interest would be jeopardized by approving the application; or b. In the manner provided by City ordinance and before the application is submitted, the municipality has formally initiated proceedings to amend its ordinances in a manner that would prohibit approval of the application as submitted. 7. Processing of Application: The City shall process an application without regard to proceedings initiated to amend the municipality's ordinances if: a. 180 days have passed since the proceedings were initiated; and b. The proceedings have not resulted in an enactment that prohibits the approval of the application as submitted. 8. Application Considered Complete: An application for a land use approval is considered submitted and complete when the application is provided in a form that complies with the requirements of applicable ordinances and all applicable fees have been paid. 9. Reasonable Diligence: The ongoing validity of a land use application approval is contingent upon the applicant proceeding with the implementation of the approved plans with reasonable diligence after receiving approval. 10. No Unexpressed Requirements: The City shall not impose any requirements on the holder of an issued land use permit unless those requirements are: a. Expressly stated in the land use permit or in the documents upon which the permit is based; or b. Specified in the City’s ordinances. 11. Certificate of Occupancy: The City will not withhold issuance of a certificate of occupancy because of an applicant's failure to comply with a requirement that is not expressed: a. In the building permit or in documents on which the building permit is based; or b. In the City’s ordinances. 12. Compliance: The City is bound by the terms and standards of applicable land use ordinances and shall comply with mandatory provisions of those ordinances.