Chapter 11-7 ADMINISTRATION

It is intended that all amendments to this Title shall be made in accordance with the General Plan of the City. It is hereby declared to be public policy that this Title shall not be amended, unless it can be shown that changed or changing conditions make the proposed amendment necessary to the promotion of the purposes of this Title.

11-7-102 Procedure for Amendments.

(1) All proposed amendments to Title 11 or to the Official Zone Map shall be submitted first to the Planning Commission for its recommendations, which recommendations shall be submitted to the City Council for its consideration.

(2) Any person seeking an amendment to those Chapters or to the Official Zone Map shall submit to the Planning Commission a written petition designating the change desired and the reasons therefor and shall pay a filing fee in the amount set forth by a resolution of the City Council. All petitions for a zoning change shall include a vicinity map, drawn to scale and showing the names and addresses of the owners of adjacent property, and a legal description of the property for which the change is sought. The fee required herein shall not be returned to the applicant. The Planning Commission may also initiate amendments to this Title or to the Official Zone Map by recommendation of such amendments to the City Council.

(3) Upon receipt of the completed petition, the Planning Commission shall schedule and hold a public hearing to consider the request and shall certify its recommendation to the City Council with respect thereto.

(a) The Planning Commission shall provide reasonable notice of the public hearing in accordance with Section 10-9a-205, Utah Code Annotated 1953, as amended.

(4) The City Council shall consider the recommendation of the Planning Commission and any written objection filed in accordance with Section 10-9a-205(4), Utah Code Annotated 1953, as amended, of the proposed amendments to Title 11 or the Official Zone Map after providing notice for a public meeting. The City Council may:

(a) Adopt the proposed amendment to Title 11 or the Official Zone Map;

(b) Amend and adopt the proposed amendment to Title 11 or the Official Zone Map; or

(Ord. No. 8-05, 05/17/2005; Ord. No. 01-2011, 01/18/2011; Ord. No. 06-2015 § 1, 03/17/2015)

11-7-103 Reversion of Zoning.

(1) If a project plan, which includes a site plan, subdivision or building plan, has not been approved within one (1) year of the establishment of the new zoning classification, or if an approved project plan or preliminary project plan expires following a rezoning, the Planning Commission may initiate a review of the most recent zoning classification. The Commission may choose to recommend rezoning the property to the prior classification or to a new one, or the Commission may recommend keeping the existing zoning in place. Any Commission recommendation to change the existing zoning classification or restore the former classification must be transmitted to the Council and is subject to the procedure for amendments as per Section 11-7-102.

(2) Denial of an application to amend the zoning map to reclassify any parcel of property shall prohibit the filing of another application to amend the zoning map to reclassify the same parcel of property, or any portion thereof, to the same zone classification within one (1) year of the date of the final denial by the municipal council of the previous application unless the planning and zoning review committee finds that there has been a substantial change in the circumstances or sufficient new evidence as submitted by the applicant in writing since the denial of the previous application to merit consideration of a second application within the one (1) year time period.

(Ord. No. 13-05, 06/07/2005)

Article 2 – CONDITIONAL USE PROVISIONS

11-7-201 Purpose and Intent.

The purpose and intent of this chapter is to establish standards for land uses listed as conditional uses (designated as “C” in Section 11-4-301, Land Use Matrix). Conditional uses are generally similar to permitted uses, but because of unique characteristics or potential impact on the municipality, surrounding neighbors or adjacent land uses, may only be compatible in certain areas and only if certain conditions are required that mitigate or eliminate the detrimental impacts.

11-7-202 Conditional Use Permit.

A conditional use permit shall be required for all uses listed as conditional in the respective zoning district. This permit may only be issued upon approval of the Planning Commission. A conditional use permit shall make the approved use allowable at the specific location and the right of the approved use with its conditions shall run with the property, unless the permit has expired as provided under Section 11-7-209 or has been revoked as provided under Section 11-7-211. In the event that the conditions cannot be met or a change occurs from the original approval, an amendment to the original conditional use permit shall be required. If the use is discontinued for a continuous period of one (1) year, a new conditional permit is required.

11-7-203 Review Procedure.

(1) Pre-Application Meeting – The purpose of the pre-application conference is to provide an opportunity for the applicant to present a basic sketch of what is being proposed for the site prior to formal application. The meeting is to be scheduled by the applicant with the Planning Division staff. This meeting will provide a chance to discuss the process, site development standards (setbacks, landscaping, parking, fencing, etc.) and other aspects of the project in a less formal setting, along with identifying major concerns prior to formal application.

(2) Formal Application – Application for a conditional use permit shall be made to the Planning Commission at the Springville Community Development Department. The applicant shall prepare and submit a completed application form, payment of review fees, along with the information and required number of copies outlined in Article 4 of this Chapter for site plan approval. All the information required for application shall be provided prior to scheduling the item for the Planning Commission agenda.

Each application for, and instance of, a conditional use shall be considered a unique situation and shall not be construed as precedent for similar requests.

(3) Development Review Committee Review – The Development Review Committee shall review all applications to determine conformance with all applicable City ordinances and standards. If the site plan is determined to meet City ordinances and standards, the DRC will forward the submission to the Planning Commission. Otherwise, the application will be returned to the applicant for appropriate modification. The application should not proceed to the Planning Commission if it does not meet the requirements of the City Code and other applicable standards, along with the requirements of other reviewing agencies. The DRC may forward applications to the Planning Commission subject to variances, waivers, modifications or amendments being proposed by the applicant. During the meeting the applicant will be given the opportunity to make presentations, ask questions and propose alternative conditions for consideration.

(4) Notice – Notice of a public hearing to be held by the Planning Commission to consider the conditional use permit shall be given at least ten (10) days before the date of the hearing in accordance with the Utah State Code. Additionally, at least seven (7) days prior to the Planning Commission meeting during which the conditional use permit will be considered, the Planning Division may post a sign on each frontage of the subject property stating the proposed use, along with the date, time and location of the meeting during which the conditional use permit will be considered.

(5) Planning Commission Review and Action – The Planning Commission shall review relevant portions of the completed application, along with comments from the DRC and the Planning Staff report. After review of the item, the Planning Commission may approve, conditionally approve or deny the proposed conditional use permit application. (Ord. No. 05-2010, 04/20/2010; Ord. No. 21-2017 § 1, 09/19/2017)

11-7-204 General Criteria for Consideration of a Conditional Use Permit.

(1) Conditional use applications shall be reviewed in accordance with the following general criteria:

(a) Detrimental to Persons or Property – The proposed use will not, under the circumstances of the particular case and the conditions imposed, be detrimental to the health, safety and general welfare of persons, nor injurious to property and improvements in the community, existing surrounding uses, buildings and structures. In determining the effects to persons or property, the Commission may impose the following conditions:

(i) Regulation of nuisance factors such as noise, vibrations, smoke, dust, dirt, odors, gases, noxious matter, heat, glare, electromagnetic disturbances and radiation;

(ii) Water supply and fire protection;

(iii) Impact on surrounding areas resulting from an unusual volume or character of traffic.

(b) Use Compatibility – The proposed use at the particular location is compatible with the character of the site, adjacent properties, surrounding neighborhoods and other existing development. In determining the compatibility of the use with the surrounding area, the Planning Commission may impose the following:

(i) Regulation of operating hours for activities affecting normal neighborhood schedules and functions.

(ii) Provisions for adequate public services to meet the needs caused by the use, e.g., child care services, social services, etc.

(iii) Parking facilities, including vehicular ingress and egress and the surfacing of parking areas and driveways to specified standards.

(iv) Regulation of light and noise.

(c) Design Compatibility – The proposed site and building plan at the particular location is compatible with the character of the site, adjacent properties, surrounding neighborhoods and other existing development. In determining the compatibility of the site and building plan with the surrounding area, the Planning Commission may consider, among other things, landscaping, screening, parking location, and building design (e.g., mass, height, site work needed to place the building on the lot, building materials, color and site design in relation to emission of odors, light and noise).

(d) General Compatibility – The proposed use at the particular location is compatible with the intent, function and policies established in the general plan, this Title and the particular zoning district in which the use is proposed.

(2) Compliance with Regulations – The proposed use will comply with the regulations and conditions specified in this Title for such use.

11-7-205 Specific Criteria for Consideration of a Conditional Use Permit.

(1) Rehabilitation/Treatment Facility – Rehabilitation/treatment facilities in the BP and HC Zones must meet conditions that include, but that are not limited to, the following:

(a) Appropriate licensure from the State of Utah must be established and maintained in accordance with operating such facility.

(b) When allowed, rehabilitation/treatment facilities shall not be established or maintained within five hundred feet (500'), measured in a straight line between the closest property lines of the lots or parcels, of any residential zone.

(c) In all zones where allowed, no rehabilitation/treatment facility shall be established or maintained within two (2) miles, measured in a straight line between the closest property lines of the lots or parcels, of any other rehabilitation/treatment facility or similar facility.

(d) Supervision of patients in the facility by a trained professional must be maintained on a constant and continuous basis (twenty-four (24) hours every day).

(e) A minimum of twenty-five percent (25%) of the entire lot coverage must be landscaped.

(2) Recreational/Fitness Facility, Indoor Private – Indoor private recreational/fitness facilities in the NC Zone must meet conditions that include, but that are not limited to, the following:

(a) Facilities shall have a floor area (including all areas) no more than five thousand (5,000) square feet.

(b) Noise and music from the facility shall not be audible when off the parcel between 7:00 p.m. and 7:00 a.m.

(c) Facilities open twenty-four (24) hours a day must obtain written approval of security plans approved by the Springville Public Safety Department.

(3) Outdoor recreational facilities in the BP Business Park Zone shall be limited to those uses that require limited modification to the existing environment and contribute to an attractive campus environment.

(a) All landscaping requirements of Springville City Code shall be required.

(b) Playing fields need to be set back thirty feet (30') from the property boundaries.

(4) Public Agency Owned Senior Housing – Public agency owned senior housing in the VC, TC, NC, and CC Zones must meet conditions that include, but that are not limited to, the following:

(a) When allowed, public agency owned senior housing projects shall not be established or maintained within one-half (1/2) mile from any other public agency owned senior housing project, as measured from the nearest property line;

(b) Must be located within one-eighth (1/8) mile from an existing bus or transit line as measured from the nearest property line;

(c) Must be located within one-half (1/2) mile of a pharmacy, grocery or convenience store, as measured from the nearest property line;

(d) In all nonresidential zones, the minimum area for a lot shall be ten thousand (10,000) square feet for the first two (2) units and an additional one thousand five hundred (1,500) square feet for each unit over two (2). Public agency owned senior housing that is permitted in residential zones shall follow the RMF-1 or RMF-2 standards;

(e) In all nonresidential zones, that portion of the first floor fronting on a public street must be limited to commercial uses;

(f) In all nonresidential zones, all residential units must be above or behind the commercial use space fronting the public street; however, up to ten percent (10%) of the main floor elevation facing a public street may be associated with the residential use.

(5) Dwelling – single- or multiple-family above first floor (mixed use) (when parking is located to the side or rear of the building) in the PO, TC and CC zones shall comply with the following standards:

(a) Permitted Ground Floor Uses.

(i) Commercial – Required at all ground floors except as permitted in this section;

(ii) Residential – Ground floor residential uses are permitted only in the CC Zone when fronting on 700 South and located at least one hundred feet (100') away from the nearest right-of-way line of 1200 West. Ground floor residential uses shall not be permitted in the PO or TC Zones unless permitted by a different section.

(A) Any development including buildings with ground floor residential shall meet the following requirements:

(1) Ground floor residential is only permitted as an element of a development containing at least one (1) other building of equal or greater size with ground floor commercial;

(2) Construction of the building with ground floor commercial must commence prior to any permit being issued for the ground floor residential building;

(3) All buildings within the development must adhere to the conditional use standards in this Section, regardless of any prior approval.

(b) Building Height.

(i) Buildings with a residential component shall be no more than three (3) stories above ground, including the main floor nonresidential portion.

(ii) The minimum clear floor to ceiling height of each building story shall be as follows:

(A) Ground floors:

(1) Commercial: fourteen feet (14');

(2) Residential: ten feet (10').

(B) Upper floors:

(1) Nine feet (9').

(i) The material palette should provide variety, reinforce massing and changes in the horizontal or vertical plane.

(ii) The following materials are not permitted:

(A) Any material not intended or designed as an architectural finish product;

(B) Vinyl or aluminum siding;

(D) Fiberglass panels;

(E) Unfinished or untreated wood; and

(F) Artificial or cultured stone such as faux cobble, ashlar or stacked stone.

(1) This prohibition does not include GFRC, other architectural cast concrete materials, terra cotta or similar materials.

(iii) Material Use.

(A) At least fifty percent (50%) of the net facade areas of each elevation shall be in brick or stone with the remainder in architectural metal cladding, wood, fiber cement siding, terra cotta, GFRC or other architectural cast concrete. Other materials (excepting materials prohibited in this section) may be used as accent materials, but shall not consist of greater than ten percent (10%) of any facade elevation.

(B) Brickwork must include one (1) element of bonds or courses differing from the primary application on the building (i.e., the stretcher course is the most typically used and a soldier, sailor, header, shiner, rowlock, or other coursing should be included as part of the overall brick application).

(C) Stucco or exterior insulated finish system (EIFS) is limited to ten percent (10%) of facade area calculated for each facade independently. These materials may not be used on the ground floor of any street facing facade.

(D) Common or party walls directly abutting an adjacent building wall shall not be subject to these limitations.

Any interior facade without direct visual exposure to a street shall not be subject to these limitations.

(iv) Buildings with Main Street frontage shall reflect the historic Main Street style by incorporating brick and glass as primary materials, with other complementary materials used as trim and detail.

(d) Building Location.

(i) Developments with Main Street frontage shall locate the primary structure, or at least one (1) primary structure where multiple structures are proposed, on Main Street. For structures located on Main Street, the primary building entrance shall face the Main Street right-of-way, and shall not be set back more than fifteen feet (15') from the front property line.

(ii) All other buildings shall not be set back more than twenty feet (20') from the front property line.

(e) Facade Variation. For new development, no two (2) multifamily buildings may possess the same street-facing elevation on a block face. No two (2) facades may be the same as an adjacent or opposite building facade. This standard is met when the street facing elevations differ from another front facade by at least four (4) of the following criteria, and shall not eliminate any other requirements of the code or this Chapter:

(i) Articulation;

(ii) Differing mix of building materials;

(iii) Variation in roof elevation;

(iv) Entry/porch (variation in placement and configuration of porches, stoops, covering);

(v) Fenestration (variation in the arrangement and detailing of windows and other openings);

(vi) Architectural style (variation in style; e.g., Craftsman, Prairie, Four Square, Colonial, Tudor, etc.);

(vii) Variation of building height and stories; or

(viii) Color variation.

(f) Articulation.

(i) The vertical mass of buildings shall be broken up through the use of architectural features such as cornices, pediments, belt-courses, canopies, awnings, covered porches, or other features.

(ii) Roofs must provide offsets or breaks proportionate to the roof form. Dormers, cross gables, porch canopies, and other secondary roof forms are examples of acceptable breaks in roofline on sloped roofs. Where flat roofs are allowed, stepped parapets or cornices proportionate to the building elevation are required. Such variation shall occur over at least twenty percent (20%) of all front or street-facing elevations.

(iii) Building elevations facing a public street shall include projections, recesses, balconies, arcades and/or other distinctive features that provide relief to the facade at least every thirty (30') linear feet of frontage;

(g) General Standards.

(i) Windows and Balconies.

(A) Window and door openings shall make up twenty percent (20%) of any front facade facing the street;

(B) All windows and doors, with the exception of ground level storefronts, shall be square or vertical in proportion;

(D) Curtain wall systems may be utilized with or without exterior mullion covers;

(E) Minor divisions created by muntins, or individual windows in window groups, that are horizontal in proportion may be permitted as long as the complete window or window group remains square or vertical in proportion;

(F) Windows shall not be flush with exterior walls. All windows shall be recessed to at least the depth of adjacent cladding, or treated with a trim. Such treatments shall be applied on all window edges and sides;

(G) Flange nailed windows with elements that project in front of the facade plane are not permitted;

(H) Doors and windows that operate as horizontal sliders are prohibited on street facing facades except on balconies where the use of sliding doors may provide for better utilization of floor space. Permissible window operation types include single and double-hung, casement, awning and pivot; and

(I) Opaque, painted, and mirrored glass windows are prohibited. Lightly tinted glazing in neutral colors above the first floor may be permitted.

(J) Balconies shall meet the following requirements:

(1) The design of balconies and associated railings shall be integrated into the overall building design.

(2) Balconies may be inset into the building or may project into the street right-of-way a maximum of five feet (5') so long as ten feet (10') of vertical clearance is provided between the sidewalk and the balcony and the required ground floor height is maintained.

(3) Drainage from balconies projecting over the public right-of-way shall be captured and directed into the building’s storm water collection system.

(4) Storage on balconies is limited to items such as tables, chairs, barbecue grills, and similar outdoor furniture. All new projects with residential units shall be required, as a condition of approval, to include language in their rental contracts or CC&Rs that restricts storage on balconies to acceptable items.

(ii) Pedestrian Building Entrances.

(A) Pedestrian building entrances shall:

(1) Meet the spatial requirements set forth in Table 11-7-205(5)a, Pedestrian Building Entrance (PBE) Requirements;

(2) Contain a door providing direct pedestrian access into a building;

(3) Directly access an interior and enclosed commercial tenant space, public lobby, or residential unit;

(4) Be directly accessible from and directly adjacent to the sidewalk; and

(5) Prevent doors from swinging into the public right-of-way or beyond the front facade line of the building when opened.

(B) Fire exit doors, doors to fire riser rooms or other mechanical spaces, and doors to exterior courtyards shall not qualify as pedestrian building entrances.

Table 11-7-205(5)a Pedestrian Building Entrance (PBE) Requirements
	Frontage Type
	Commercial		Residential
	Main Street	Other Street
PBEs Required for Each Street-Facing Facade	1 per 35 feet (1 min.)	1 per 50 feet (1 min.)	1 per street-fronting ground floor unit. Only one PBE is required for corner units.
Maximum Spacing	55 feet	75 feet

(iii) Parking.

(A) Parking for all dwellings shall be located to the rear or side of the principal building and may be accessed from a carriageway or driveway.

(B) Locate parking, loading and vehicular circulation to minimize its visibility from the public right-of-way.

(C) Except for the minimum ground-level frontage required for access to parking and loading, no parking or loading shall be visible on the ground floor of any building facade that faces a public right-of-way.

(D) Curb cuts and parking/loading entries into buildings shall be limited to the minimum number required and the minimum width permitted by city code.

(E) Vehicular access shall be from an alley or at mid-block.

(F) Vehicular access is not permitted from Main Street

(G) Parking and loading access shall be shared where feasible.

(H) Provide pedestrian access from rear parking to street front business entrances.

(iv) Site Design.

(A) Mechanical and other utility equipment shall not be located on street facing facades, balconies, or in yards located between the public right-of-way and the building.

(B) Mediate between public and private space on residential frontages. This requirement may be met with the following strategies.

(1) Use foundation plantings to provide separation between residential units and the sidewalk.

(2) Design porches, stoops and railings to provide intermediate semi-private spaces.

(3) Employ elevation changes using stairs, patios, and stoops, to delineate the progression from public space (sidewalks, plazas) through semi-private space (porches, stoops), into interior private space.

(h) Town Center Zone Mixed Use. Residential development within the Town Center shall promote the historical character of the City generally.

(Adopted by Ord. No. 36-2007, 11/13/2007; Ord. No. 38-2007, 12/04/2007; Ord. No. 06-2008, 03/18/2008; Ord. No. 05-2010, 04/20/2010; Ord. No. 01-2018 § 2, 05/01/2018; Ord. No. 11-2020 § 2 (Exh. A), 05/19/2020)

11-7-206 Determination.

The Planning Commission may approve or deny a conditional use permit within any zone in which the particular use is listed as a conditional use. In approving any conditional use permit, the Planning Commission shall define and justify the requirements and conditions necessary for the protection of adjacent properties and the public welfare.

11-7-207 Appeal to and Review by the Board of Adjustment.

(1) Effective Date of Planning Commission Decision – The decision of the Planning Commission shall not become final and effective until ten (10) days after a final decision has been made by the Planning Commission. The decision of the Planning Commission shall not become final if an aggrieved person files proper notice of appeal to the Board of Adjustment prior to the expiration of the ten (10) day period following the Planning Commission’s final decision.

(2) Board of Adjustment Review – The Board of Adjustment shall hear and decide appeals where it is alleged there is an error in any requirement, decision or determination made by the Planning Commission. Information shall be provided by the petitioner to the Board of Adjustment which explains those errors in the requirement or decision which the appellant feels were made by the Planning Commission.

11-7-208 Building Permit.

Upon receipt of a conditional use permit, the applicant shall take such permit to the Community Development Director who will review the permit and conditions attached. Based on this review and compliance with those conditions, and any conditions which might develop based on the Building Official’s review of the project, the Building Official may approve an application for a building permit. The Community Development Director shall ensure that the development is undertaken and completed in compliance with the conditions of the conditional use permit prior to issuance of a certificate of occupancy.

11-7-209 Expiration.

(1) Substantial Action – Unless there is substantial action occurring within one (1) year after issuance of the conditional use permit, as determined by the Planning Commission, the permit shall expire. The Planning Commission may grant a maximum extension of six (6) months under exceptional circumstances. For purposes of determining substantial action, the Commission shall consider whether or not the use has commenced operating on the site or construction on the site has begun.

(2) Other Conditions for Expiration – An approved conditional use permit shall expire if a permitted use or a different conditional use replaces the use allowed under the permit. The conditional use permit shall also expire if the use is discontinued for a continuous period of one year. Once the conditional use permit has expired, a new conditional use permit shall be required in order to occupy the site.

11-7-210 Amendment of the Conditional Use Permit.

Once issued, a conditional use permit shall not be enlarged, changed, extended, increased in intensity, or relocated except by approval of the Planning Commission. Application and review of a proposed amendment to the conditional use permit shall follow the same procedures as outlined in this chapter for an original application.

11-7-211 Revocation.

A conditional use permit may be revoked if any of the conditions or terms are violated; however, the holder of the permit shall first be afforded an opportunity to be heard before the Planning Commission and show cause as to why the permit should not be revoked. A violation of a condition or term of a permit shall constitute a violation of this Code, and the revocation of a permit shall not prohibit prosecution or any other legal action taken on account of the violation. The decision of the Planning Commission to revoke a conditional use permit may be appealed to the Board of Adjustment within ten (10) days of the Commission’s decision.

Article 3 – DEVELOPMENT AGREEMENTS

11-7-301 Development Agreements.

The City Council hereby reserves the right to require and enter into a development agreement with any applicant for development approval under the provisions of this Chapter, the Subdivision Ordinance, or any other ordinance or resolution of the City. The development agreement may address specific details about issues that have yet to be completely resolved, issues regarding phasing of a project, or any other requirement of the City Council.

Article 4 – SITE PLAN REVIEW AND PROCEDURE

11-7-401 Purpose.

The site plan review process is to help ensure that new development and improvements on existing properties will:

(1) Be consistent with the purpose and intent of the Springville City General Plan and with the ordinances and adopted standards of Springville City;

(2) Contribute to the overall health, safety and general welfare of the City;

(3) Ensure adequate infrastructure to service the new development or improvements;

(4) Provide safe and convenient vehicular and pedestrian access and circulation;

(5) Provide adequate drainage of surface water and reduce potential for flood damage;

(6) Ensure better design, quality and character of the new development and improvement; and

(7) Contribute to the orderly growth and contextual and harmonious appearance of the City.

11-7-402 Application and Review Process.

(1) Site plan review shall be required for:

(a) All new development;

(b) All new additions to existing sites which increase the floor area of the premises by more than twenty percent (20%) or increase the original floor area of the premises by over twenty percent (20%) when combined with one (1) or more previous expansions that have occurred over a period of time;

(d) Any conditional use (in addition to any other specific requirements listed in Article 2 of this Chapter).

(2) Administrative and Planning Commission Site Plan Review and Action – All site plans for single family detached dwellings, twin homes and duplexes, along with multi-family, commercial and industrial developments of up to fifteen thousand (15,000) square feet of gross floor area may be approved administratively by the Springville City Planning Administrator, provided no exceptions to the site plan requirements are being requested. All other site plans shall be forwarded to the Planning Commission for final action. All site plan approvals shall be subject to meeting all of the requirements of the laws, codes, standards, resolutions, and ordinances of Springville City, the State of Utah, and the United States.

(3) Phased Development Proposals – For any development proposed to be developed in phases, a site plan shall be prepared for the first phase, along with an overall development plan for the proposed additional phases. Any multi phase development plan and any modifications to any multi phase development plan shall be reviewed by the Planning Commission along with subsequent phases, unless those phases meet the requirements of subsection (2) of this section for allowing administrative review. The purpose of the overall development plan is to establish general planning and development control parameters for projects that will be developed in phases with multiple submittals, while allowing sufficient flexibility to permit detailed planning in subsequent submittals. The approval of an overall development plan does not establish any vested right to develop any property in accordance with the plan. Vesting shall occur as site plan approval is received for each phase of the overall development plan. (Ord. No. 03-2011, 02/15/2011)

11-7-403 Pre-Application Meeting.

(1) Purpose – The purpose of the pre-application conference is to provide an opportunity for the applicant to present a basic sketch of what is being proposed for the site prior to formal application. The meeting is to be scheduled by the applicant with the Planning Division. During this meeting, a planning staff member will determine if the use is permitted, conditional, or not permitted in the zone. This meeting also provides a chance to discuss the process, site development standards (setbacks, landscaping, parking, fencing, etc.) and other aspects of the project in a less formal setting, along with identifying major concerns prior to formal application. This meeting will also generally include a representative from the Engineering Division of the City.

(2) Information Requested – The applicant should provide a site plan of the proposed development that includes basic location and size of buildings and structures, landscaping, street frontages and other significant features of the property, such as easements. The overall signage package proposed for the building and site, including proposed size, location and height, may also be included for consideration.

(3) Planning Staff Review and Recommendation – Based upon the information submitted for review, the Planning Division will make a recommendation to the applicant as to the adequacy of the proposal and the process necessary for preliminary review.

11-7-404 Formal Applications.

(1) Submission: The applicant shall prepare and submit a proposed site plan, along with all forms, fees, and other supporting materials required by the City to the Planning Division. The applicant shall provide a completed application, along with the required number of copies for distribution to members of the Development Review Committee. All information required in the application shall be provided prior to scheduling the item with the body making the final decision, whether it is the Planning Administrator or the Planning Commission. The applicant may request, in writing, that the Director waive items on the application form that are not applicable due to unique circumstances or conditions associated with the development proposal.

(2) Submission Requirements: Applications for site plan review shall include, if applicable:

(a) The completed site plan application form, fees and supporting documents including: written approval as needed from private utility providers, irrigation companies, State, local or Federal government agencies and adjacent property owners.

(b) If the property owner is different than the applicant, then a property owner’s consent form must be signed and notarized granting permission for the applicant to act for and in behalf of the fee simple owner.

(c) Copies of the development plan shall be provided in accordance with the Community Development Department policy and at a scale of no less than one inch (1") to thirty feet (30'), which shall include the following:

(i) Title block stating the name of the project and common address of the proposed site, and the developer’s name, address and phone number;

(ii) Vicinity map with a one-quarter (1/4) mile radius placed on the site plan;

(iii) A description of the proposed project that includes any special features and outlines the intended use of the site;

(iv) Names of all property owners, surrounding land uses and zoning on all parcels with boundaries located within two hundred feet (200') of the site;

(v) Property dimensions including radii of curves;

(vi) Dimensions, setback and heights of all proposed buildings and location of existing buildings;

(vii) Table indicating total site area and an acreage and percentage breakdown of structures, parking, landscaping and open space;

(viii) Existing and proposed street rights-of-way;

(ix) Parking lot design and dimensions, including required landscaping and ADA requirements;

(x) All curb cuts and intersections within a minimum distance of 150 feet of the subject property, along with cross-access between this and adjacent sites, including those lands separated from the parcel by a street or other roadway;

(xi) If roadway dedication is required, a notation of the distance (shown as a dimension and note on the plant) from the centerline of each existing road right-of-way (centerline of existing asphalt) to the new property line of the site plan, along with a written legal description of the proposed right-of-way;

(xii) All proposed signage, both freestanding and attached to the building;

(xiii) Exterior lighting of any structures, walkways and parking areas, including shields and other means of insuring that lighting is directed away from adjacent properties;

(xiv) Pedestrian access between all public rights-of-way and structures and between structures within the development, including raised curbing and landscaped islands, which serve to separate vehicular and pedestrian traffic whenever possible. When raised walkways are not possible, all pedestrian accesses shall be clearly marked;

(xv) Clear view areas noted and show on plan as per Section 11-6-108 of Springville City Code;

(xvi) Proposed phasing, if applicable, in such a manner that each phase can function independently or in connection with the previous phase;

(xvii) All existing and proposed fencing, including height, materials, and location;

(xviii) Proposed location of water and sewer lines in accordance with Springville City Engineering standards;

(xix) Existing and proposed easement (utility, solar, etc.) on and within 50' of the subject property. If public utility easements do not exist, the owner is required to provide utility easements as required by the City and said easements be deeded and recorded in the office of the Utah County Recorder;

(xx) Screened trash receptacles and loading areas;

(xxi) Location and screening plan for mechanical equipment;

(xxii) Off-site improvements designed in conformance with Springville City requirements;

(xxiii) Proposed street layout designed in conformance with the required block standards, as set forth in Section 14-5-102 of this Code;

(xxiv) Location of existing and proposed fire hydrants; and

(xxv) Extension of any stub streets adjacent to the property necessary to meet the City street standards.

(d) Scale drawings of major exterior building elevations (including all building wall signs) facing public rights of way or areas zoned for residential uses and indicate building materials to be used. Architectural drawings shall be drawn to a scale of no smaller than 1/8'' = one foot.

(e) A grading and drainage plan, which shall include the following information:

(i) Drainage system report, including calculations and an explanatory narrative, stamped and checked by a professional engineer with includes:

a. Use of Springville City rainfall curves to calculate 25 and 100-year floods (attach Springville City rainfall curves to this report); and

b. For detention basins, submit calculations to justify sizing based on a 25-year design storm with a release rate of 0/15 cfs per acre;

(ii) Detailed drainage plans showing existing and proposed storm drainage improvements, including:

a. Major drainage facilities, outfalls and discharge;

b. Drainage pipe locations, sizes and depths; and

c. Catch basin locations, types and depths;

(iii) Location of detention basins designed in accordance with the Springville City Engineering Designs Standards;

(iv) A written statement from the appropriate agency (i.e. irrigation companies, private land owners, etc.) accepting responsibility for all surface and subsurface drainage which is directed into channels owned by such agencies;

(v) Letter(s) of intent for any necessary off-site drainage easement across privately-owned land;

(vi) Existing and proposed contours at two-foot intervals, unless a variation has been approved by the City;

(vii) Locations of waterways, ditches and wetlands on the proposed site and on adjacent properties within 50-feet; and

(viii) Delineation of all areas subject to potential 100-year flood events as designated by FEMA.

(f) A landscape plan, which shall include:

(i) Plant location, type, size and quantities;

(ii) Planting detail; and

(iii) Street tree planting detail.

(g) Other required information required for submission with the site plans shall include:

(i) Preliminary title report or policy of title insurance on the property, which identifies ownership, easements of record, liens or other encumbrances;

(ii) Any required UDOT approval for access for other improvements along a State road;

(iii) An engineer’s estimate of all required off-site public improvements;

(iv) Conveyance of water rights, unless water rights have been tendered, in which case evidence of tendering shall be provided;

(v) A traffic impact study may be required at the discretion of the City Engineer;

(vi) A geotechnical report shall be required for all areas designated for off-site improvements and may be required for other portions of the site at the discretion of the City Engineer;

(vii) A wetlands delineation or clearance letter as required by the City Engineer; and

(viii) Other data or plans deemed necessary by DRC member(s).

(3) Determination of Completeness: The Planning Administrator or the Administrator’s designee, upon receipt of the application, shall have up to five working days to determine whether or not the application is complete and ready for review based on the requirements for submittal and the applicant’s request for a waiver of certain application requirements. No application is eligible for the DRC agenda until it is deemed complete.

(Ord. No. 12-2012, 12/18/2012)

11-7-405 Development Review Meeting.

(1) Purpose: The Development Review Committee members will review the site plan submission to determine conformance with all applicable City ordinances and standards along with the requirements of other reviewing agencies. At the DRC meeting, members of the committee will review the submission with the applicant and discuss whether the application complies with all of the applicable requirements of the City Code and other applicable standards, along with the requirements of other reviewing agencies. Other information or studies regarding conditions of approval, which may be imposed to eliminate concerns of noncompliance or as a means of mitigating any adverse affects of the proposed development will also be presented.

(2) Development Review Committee Review: The Development Review committee shall review all applications to determine conformance with all applicable City ordinances and standards. If the site plan is determined to meet City ordinances and standards, the DRC will forward the completed submission to the Planning Administrator (see 11-7-402(2)) or the Planning Commission. If portions of the application are deemed incomplete, it may will be returned to the applicant for appropriate modification. The application shall not be forwarded to the Planning Administrator or the Planning Commission if it does not meet the requirements of the City Code and other applicable standards, along with the requirements of other reviewing agencies. The DRC may forward applications to the Planning Commission subject to variances, waivers, modifications or amendments being proposed by the applicant. During the meeting the applicant will be given the opportunity to make presentations, ask questions and propose alternative conditions for consideration.

(3) The proposal may be continued to a subsequent meeting if the Administrator determines that more information is necessary or upon request of the applicant.

11-7-406 Planning Administrator Review and Action.

(1) The Planning Administrator shall review relevant portions of the completed application, along with comments from DRC and the Planning Staff.

(2) After review of the item, the Planning Administrator may approve, conditionally approve, or deny the proposed site plan application after providing an opportunity for a public hearing.

11-7-407 Planning Commission Review and Action.

(1) The Planning Commission shall review relevant portions of the completed application, along with comments from the DRC and the Planning Staff report.

(2) After review of the item, the Planning Commission may approve, conditionally approve, or deny the proposed site plan application after providing an opportunity for a public hearing.

11-7-408 Pre-Construction Meeting.

Prior to a permitted use being approved and the issuance of a building permit, the applicant shall prepare:

(1) A revised final site plan, which shall include the changes to the site plan and conditions of approval required by the Planning Staff, DRC or Planning Commission;

(2) Final landscape plan;

(3) Dedication of property for streets and PUEs, as required;

(4) Final building construction plans;

(5) Completed engineering plans, including final construction drawings for streets, utilities, grading and drainage; and

(6) Satisfactory arrangements concerning bonding as required by the Springville City Codes.

(7) For site plans subject to obtaining a Conditional Use Permit, all conditions required by the Planning Commission shall also be met, along with the items required for a permitted use, prior to issuance of a building permit.

11-7-409 Validity of Approval.

A building permit for an approved site plan must be applied for within six months from the date of approval by the Planning Administrator or the Planning Commission. One extension of up to six months may be requested in writing for the Planning Administrator or Planning Commission’s consideration and action, provided that the request is received prior to expiration of the original approval. Approval of an extension may be granted upon finding that special circumstances prevented the applicant from obtaining a building permit and that no changes in the ordinance has occurred that would significantly alter the previous site plan approval. All site plans approved prior to adoption of this ordinance shall be valid until November 24, 2003.

11-7-410 Issuance of Certificate of Occupancy.

All site improvements shall be completed prior to issuance of a certificate of occupancy. If certain improvements, which do not affect life safety, are not completed at the time the building is ready to occupy, the applicant may provide improvement completion assurance for the remaining improvements for a period not to exceed six (6) months from the date of the certificate of occupancy.

(Ord. No. 04-2019 § 9, 03/19/2019)

11-7-411 Appeals.

Any applicant or person aggrieved by the decision of the Community Development Director, Planning Administrator, or Planning Commission may appeal that decision to the Board of Adjustment. The request for appeal must be filed on an application provided by the City with the applicable fee, within ten days following the decision of the Planning Commission.

(Amended by Ord. No. 19-2007, 04/03/2007)

CHAPTER 7 ADMINISTRATION

11-7-101 Intent.