18.31.020 General Regulations

A. At the time a CP zone is established and before building permits are issued, deed restrictions on the property covered under the proposed new zone change shall be filed by the owners of the property with the recorder and shall provide that development take place on the property only in accordance with a final site development plan approved by the planning commission and city council and on file with the city recorder. B. A CP zone may be established only upon land held in single ownership or under unified control or where the planning commission determines that development on separate adjoining properties should be coordinated to form a physically unified commercial facility which will be more appropriate and compatible with the surrounding land uses. C. A CP zone shall not be established upon a tract of land which would contain a nonconforming use after the passage of such amendment to the zoning ordinance unless the development planned for the tract includes the elimination of the non-conforming use. D. The location of the CP zone shall have an acceptable relationship to the master street plan for the city as determined by the planning commission. E. The petitioner or developer shall be required to pay the cost of the construction and/or installation of the following facilities on the streets providing access to the commercial center which may be necessary to control traffic generated by the commercial center. 1. Street widening. 2. Ingress and egress driveways. 3. Acceleration and deceleration lanes. 4. Traffic control devices and signs, including channelization. The determination of standards required shall be made by the city council after recommendation by the planning commission and city engineer, and the Utah Department of Highways in the case of CP zones bordering state highways. F. The petitioner shall submit to the planning commission with the rezoning petition a preliminary development plan for the commercial center showing a unified and organized arrangement and proposed use of buildings, off-street parking, internal traffic circulation and service facilities, etc. G. If required, the applicant shall submit a market analysis acceptable to the planning commission and conducted and signed by a recognized and independent market analyst which shall serve as a guide to the planning commission for the evaluation of the application or part thereof in terms of: 1. The need or desirability to change the comprehensive zoning plan in the public interest. 2. The amount of land included in the rezoning application which can be realistically supported in commercial use. 3. The finding that the proposed development will promote the general welfare of the public. For the purposes of this section, the market analysis shall contain the following elements: a. The trade area of the proposed shopping center. b. Trade area population, present and potential. c. Effective buying power in the trading area. d. Net potential customer buying power for stores in the proposed shopping center. e. The residue of buying power to be expended in existing shopping centers or commercial areas serving the trade area. H. Prior to the submission of the proposed ordinance rezoning an area to a CP zone, the developer shall submit all evidence deemed necessary by the city engineer and/or planning commission of his ability to undertake the proposed project. I. No building or land use permits shall be issued for any use of structure in a CP zone until a final site development plan for the entire district or for the initial phase of the stage development plan is proposed and has been submitted to and approved by the planning commission as complying with the regulations and requirements of this chapter and all other applicable provisions of this ordinance. The final site development plan shall show in detail the proposed use, area and location of buildings, off-street parking, internal traffic circulation, landscaping and service facilities indicated more generally on the approved preliminary development plan. J. No changes shall be made in the final site development plan during the course of construction pursuant thereto without first obtaining the prior approval of the planning commission. Copies of the approval final site development plan shall be kept on file in the office of the planning commission and building inspector's department and any changes which may be approved shall be noted thereon. K. The planning commission may specify at the time of zoning approval conditions of approval of the final site development plan including the sequence of development and may require that initial building permits must include the major facilities of a proposal. (Ord. 91-1, 6/11/91)