Chapter 10.20
ADMINISTRATIVE AND DEVELOPMENT REVIEW PROCEDURES

Sections:

10.20.010    Purpose.

10.20.020    Scope.

10.20.030    General application requirements.

10.20.040    Public hearings and meetings.

10.20.050    Noticing.

10.20.060    General plan amendments.

10.20.070    Zoning map and text amendments.

10.20.080    Conditional use permits.

10.20.090    Site plan review.

10.20.100    Variances.

10.20.110    Nonconforming uses or noncomplying structures.

10.20.115    Reasonable accommodations.

10.20.120    Appeal of administrative decisions.

10.20.130    Appeal of exactions (constitutional takings).

10.20.140    Land use decisions and appeal process.

10.20.010 Purpose.

The purpose of this chapter is to set forth procedures for considering various types of land use and development applications to assure that the City processes applications of the same type on a uniform basis consistent with applicable law. Applicants are entitled to approval of land uses if their requests conform to the requirements of the applicable zoning and land use ordinances and they submit a complete application with all related fees, unless:

(A) The Land Use Authority finds that approval would jeopardize compelling, countervailing public interest; or

(B) The Planning Commission formally initiates proceedings to amend its land use ordinances in a manner that would prohibit approval of such requests prior to submittal of the applications. However, the City shall process an application without regard to proceedings initiated to amend its land use ordinances if:

(1) One hundred eighty days had passed since initiation of the proceedings;

(2) The proceedings did not result in an enactment that prohibited the approval of such applications as submitted. [Ord. 11-02 § 1 (Exh. A); Ord. 10-02 § 1 (Exh. B); Ord. 08-07 § 1 (Exh. A); Code 1971 § 10-4-010.]

10.20.020 Scope.

The City shall review and approve submitted applications for land use and development as provided in this chapter. [Ord. 11-02 § 1 (Exh. A); Ord. 10-02 § 1 (Exh. B); Ord. 08-07 § 1 (Exh. A); Code 1971 § 10-4-020.]

10.20.030 General application requirements.

The following general requirements shall apply to any application required by this title:

(A) Application Forms. Submitted applications shall be on forms provided by the Community Development Department, and with required documentation in such numbers as reasonably required by the Department, for a particular type of application. Applicants shall first submit all applications for rezone requests, conditional uses, buildings, or other land use permits to the Department for review to assure compliance with the requirements of the land use ordinances and shall include the name, address, and telephone number of the applicant as well as applicant’s agent, if any, and name and address of every person or company the applicant represents.

(B) City Initiated Applications. The Community Development Director, Planning Commission or City Council may initiate any action under this title without an application from a property owner. Notice, hearing and other procedural requirements of this chapter shall apply to an application initiated by the City.

(C) Development Review Sequence. The City shall not consider any subdivision site plan or other development application unless:

(1) The applicable zone of the subject property allows the requested approval.

(2) Where permitted by this title, the applicant also submits application for a proposed zoning map amendment that would, if approved, allow the proposed request.

(D) Accurate Information. All documents, plans, reports, studies and information provided to the City by an applicant in accordance with the requirements of this title shall be accurate and complete.

(E) Determination of Complete Application. After receipt of an application, the Community Development Department shall determine whether it is complete. If the application is not complete, the Department shall notify the applicant in writing and identify the deficiencies, by specifying the required information, and advise the applicant that the City will take no further action on the request until submission of a complete application.

(F) Fees. The applicant shall pay the City a fee, as provided in the City’s schedule of fees as adopted by the City Council, upon filing an application. Application fees shall be amounts reasonably determined to defray actual costs incurred by the City to review plans and specifications, act upon applications, and conduct inspections. The Department shall return any application as incomplete if not accompanied by a required fee. Fees shall be nonrefundable except as provided in subsection (G) of this section. Applications initiated by the City shall not require fees.

(G) Remedy of Deficiencies. If an applicant fails to correct specified deficiencies within 30 days after notification thereof, the City may deem the application withdrawn and shall return it to the applicant upon request. The Department shall refund application fees to the applicant, less any fee established to cover the cost of determining completeness of the application.

(H) Substantial Action Required. If an applicant has not taken substantial action to obtain approval within six months after filing, the application shall expire and any vested rights accrued thereunder shall terminate.

(I) Decision Date. The date of a decision or recommendation shall be the date of the decision making body or official.

(J) Validity. The continuing validity of an approval of a land use application is conditioned upon the applicant proceeding after approval to implement the approval with reasonable diligence.

(K) Extensions of Time. Unless otherwise prohibited, upon written request and for good cause shown, any decision making body or official having authority to grant approval of an application may, without any notice or hearing, grant extensions of any time limit imposed by this title on such application, its approval, or the applicant, provided the Department receives such a request or initiates an extension prior to the date of expiration. The total period of time granted by any such extension or extensions shall not exceed half the length of the original time period.

(L) Pending Ordinance Amendments.

(1) When the City formally initiates proceedings to amend the zoning map or text of this title, a person who thereafter files an application that the proposed amendment may affect shall not rely on the existing zoning map or text under consideration.

(a) A formal initiation for a proposed zoning map or text amendment shall be the date of publication of a Planning Commission or City Council agenda, as the case may be, in a newspaper of general circulation in the area that notices said proposal as required in this chapter.

(b) The filing date of an application shall be the submission date of all materials required for the application, as set forth in this title.

(2) An application affected by a pending amendment to the zoning map or text of this title shall be subject to the following requirements:

(a) The City shall not act upon such applications until six months after noticing a proposed amendment in a Planning Commission or City Council agenda, as the case may be, in a newspaper of general circulation in the area unless:

(i) The applicant voluntarily agrees to amend their application to conform to the requirements of the proposed amendment; or

(ii) The City enacts or defeats the proposed amendment sooner.

(b) If the City enacts a pending amendment to the zoning map or text of this title within six months of the publication date of a Planning Commission or City Council agenda, as the case may be, an affected application filed during the pending amendment shall conform to the enacted amendment.

(c) If the City does not enact a pending amendment to the zoning map or text of this title within six months of the publication date of a Planning Commission or City Council agenda, as the case may be, the City shall no longer consider the proposed amendment pending and shall consider any affected application without regard to the previously pending amendment.

(3) The Community Development Department shall give written notice to an affected applicant of a pending amendment to the zoning map or text of this title informing them that their request may require changes in order to conform to a proposed zoning map or text amendment and that copies of the pending legislation are available at the Community Development office.

(4) All provisions herein shall comply with the provisions of Section 10-9a-509, Utah Code Annotated 1953, as amended. [Ord. 11-02 § 1 (Exh. A); Ord. 10-02 § 1 (Exh. A, B); Ord. 08-07 § 1 (Exh. A); Code 1971 § 10-4-030.]

10.20.040 Public hearings and meetings.

The City shall schedule and hold public hearings or meetings required under this title, as the case may be, subject to the requirements of this section.

(A) Public Hearings.

(1) Scheduling. The City shall schedule a public hearing within a reasonable time in light of the complexity of the application submitted, the number of other applications received that require a hearing, available staff resources, and applicable public notice requirements.

(2) Procedures. The following procedures shall apply to a public hearing conducted pursuant to this title:

(a) Any person may appear at a public hearing and submit evidence, either individually or as the agent of a person or an organization. Each person who appears at a public hearing shall state his or her name and, if appearing on behalf of a person or an organization, state the name of the person or organization they represent.

(b) The body or official conducting a public hearing may exclude testimony or evidence that it finds to be unduly repetitious or otherwise inadmissible.

(c) The body or official conducting a public hearing may, upon the body’s or official’s own motion, postpone the hearing. An applicant may request and receive one postponement. Thereafter, the body or official conducting the public hearing shall grant any postponements at their discretion.

(3) Withdrawal of Application. An applicant may withdraw an application at any time prior to action on the application by the decision making body or official. The city shall not refund application fees if prior to withdrawal, staff already began review of the application or mailed, posted, or published a notice for a public hearing on the application.

(4) Record. Except where required otherwise by statute, the body or official conducting the public hearing shall record the proceedings thereof by any appropriate means. Anyone may receive a copy of the public hearing record upon request and payment of a fee to cover the cost of duplication of the record. The minutes, tape recordings, all applications, exhibits, papers and reports submitted in any proceeding before the decision making body or official, and the decision of the decision making body or official shall constitute the record thereof.

(5) General Requirements for Findings and Decisions. The decision making body or official shall take action in compliance with any time limits established in this title. Except for those public bodies who make decisions by motion or ordinance, all decisions shall be in writing and shall include at least the following elements:

(a) A summary of evidence presented to the decision making body or official;

(b) A statement of applicable development standards;

(c) A statement of findings of fact or other factors considered, including the basis upon which the decision making body determined such facts and specific references to applicable standards set forth in this title or other titles of the Syracuse City Code; and

(d) A statement of approval, approval with conditions, or disapproval, as the case may be.

(6) Notification. The City shall provide notice of a decision by the decision making body or official to an applicant within a reasonable time.

(B) Other Public Meetings.

(1) Scheduling. The City shall schedule public meetings within a reasonable time in light of the complexity of the application submitted, the number of other applications received, available staff resources, and applicable public notice requirements.

(2) Withdrawal of Application. An applicant may withdraw an application at any time prior to action on the application by the decision making body or official. The City shall not refund application fees if, prior to withdrawal, staff already began a review of the application or mailed, posted, or published a notice for a public meeting on the application.

(3) Record. Except where otherwise required by statute, the body or official conducting the public meeting shall record the proceedings thereof by any appropriate means. Anyone may receive a copy of the public meeting record upon request and payment of a fee to cover the cost of duplication of the record. The minutes, tape recordings, all applications, exhibits, papers and reports submitted in any proceeding before the decision making body or official, and the decision of the decision making body or official shall constitute the record thereof.

(4) Notification. The City shall provide notice of a decision by the decision making body or official to an applicant within a reasonable time. [Ord. 11-02 § 1 (Exh. A); Ord. 10-02 § 1 (Exh. B); Ord. 08-07 § 1 (Exh. A); Code 1971 § 10-4-040.]

10.20.050 Noticing.

The City shall provide notice of public hearings and public meetings in accordance with Utah law and the following provisions:

(A) Applicant Notice. The City shall provide the applicant with:

(1) The date, time, and place of any public hearing or public meeting to consider the application, at least three days prior to the meeting;

(2) Copies of each staff report regarding the applicant or pending application, at least three days prior to the hearing or meeting; and

(3) Notification of any final action on a pending application.

(B) Public Notice of Meetings. Notice of public meetings shall be accomplished by the following, at least 24 hours prior to the public meeting:

(1) Publication on the Utah Public Notices Website created pursuant to Utah Code;

(2) Posting notice in three public locations within the City, or on the City’s official webpage; and

(3) For general plan amendments, submitting notice to a newspaper of general circulation in the area.

(C) Public Notice of Hearings. Unless otherwise provided in this chapter, public notice of any public hearing shall be accomplished by the following, at least 10 days prior to the hearing or meeting:

(1) Publication in a newspaper of general circulation in the area;

(2) Publication on the Utah Public Notices Website created pursuant to Utah Code;

(3) Mailed to each affected entity; and

(4) Posted in three public locations within the City, or on the City’s official webpage.

(D) Specific Third Party Notice. For any application which requires notice to adjacent property owners:

(1) The applicant shall provide the Community Development Department with an approved list of all owners of real property located within 300 feet of the boundary of the subject property, as shown on the latest assessment rolls of the county recorder. The applicant shall pay to the City a fee in the amount of the actual costs incurred by the City in providing notice, and shall bear sole responsibility to ensure the accuracy of the property owner list; and

(2) The City shall, at least 10 days before the hearing, mail notice to the owners of record for each parcel within a 300-foot radius of the subject property, including those who are located outside of Syracuse City boundaries.

(E) Meetings or Hearings Requiring Specific Third Party Notice. Notice shall be sent out in accordance with subsection (D) of this section for the following:

(1) Subdivision plat approval or amendment;

(2) Zoning map amendments;

(3) Major conditional use permit applications.

(F) Public Hearings Required. The following applications and proposals require at least one public hearing, in accordance with Utah law:

(1) Amendment to or adoption of a general plan, including general plan map amendments;

(2) Request to open general plan outside of the open amendment period, which notice time is increased to 15 days;

(3) Adoption or amendment to a land use ordinance, including zone map amendments;

(4) Subdivision plat approval or amendments;

(5) Plat amendments that vacate, alter or amend a public street, right-of-way or easement; and

(6) Site plan approval.

(G) Notice Provisions for Specific Applications.

(1) Intent to Prepare or Amend General Plan. Before preparing a proposed general plan or general plan amendment the City shall provide 10 calendar days’ notice of its intent to prepare or amend the general plan. Such notice shall comply with the requirements of Section 10-9a-203, Utah Code Annotated 1953, as amended.

(2) General Plan Open Amendment Period. The City shall provide notice of the commencement of an open amendment period for either general plan map or general plan text amendments, including the date by which applications may no longer be accepted by the City for that period, at least 90 days prior to the date of the open amendment period by publishing notice in the same manner as public hearings, as provided in subsection (C) of this section.

(3) Proposals to vacate a public street, right-of-way or easement. Notice shall comply with the provisions of Section 10-9a-208, Utah Code Annotated 1953, as amended.

(H) Challenge of Notice. If no one challenges a notice given under authority of this section, in accordance with applicable appeal procedures, within 30 days after the meeting or action for which notice was given, all affected parties shall deem the notice as adequate and proper. [Ord. 15-24 § 1 (Exh. A); Ord. 11-02 § 1 (Exh. A); Ord. 10-02 § 1 (Exh. A, B); Ord. 09-10 § 1 (Exh. A); Ord. 08-07 § 1 (Exh. A); Code 1971 § 10-4-050.]

10.20.060 General plan amendments.

(A) Purpose. The City Council previously adopted the Syracuse City general plan, which sets forth procedures for amending same. For purposes of this section, amendment shall include the addition of new elements to the general plan and any comprehensive revisions to or adoption of same.

(B) Authority. The City Council, as the Land Use Authority, may from time to time amend the general plan as provided in this section. Such amendments may include any matter within the scope of the general plan.

(C) Initiation. Anyone may propose amendments to the general plan as provided in this section.

(D) Applications for general plan text or general plan map amendments during open amendment periods shall be considered as provided in this subsection:

(1) Open amendment periods shall:

(a) For general plan text amendments, commence on January 1st, beginning in 2018, and commencing on the same date every four years; and

(b) For general plan map amendments, commence on January 1st on odd-numbered years.

(2) Applications for amendments to the general plan text or general plan map during an open amendment period may be accepted at any time prior to the open amendment period, but may only be considered by the Commission during an open amendment period if the application is received by the Community Development Department no later than 5:00 p.m. on January 31st, or 5:00 p.m. on the following business day, if January 31st is a weekend or holiday, on the year of the open amendment.

(3) The Commission shall consider applications for proposed amendments to the general plan text or map which have been submitted in accordance with subsection (D)(2) of this section during the open amendment period, in the same order by which they were received by the City.

(E) Applications for general plan text or general plan map amendments outside of the open amendment period shall be considered as provided in this subsection:

(1) Any application submitted after the time identified in subsection (D) of this section shall be kept on file for consideration for the next open amendment period, unless the applicant makes a special request as provided in this subsection.

(2) An applicant may make a special request to the City Council to consider the applicant’s amendment outside of the open amendment period.

(3) The Council may, after proper notice, authorize the consideration of the applicant’s amendment outside of the open amendment period only if any of the following apply:

(a) Significant changes to arterials or infrastructure by agencies other than the City, and which were contrary to the assumptions in the current general plan;

(b) Catastrophic events, such as natural disasters or conflagrations;

(c) The Council finds that the proposed development has the potential to confer a substantial benefit on the City; or

(d) The request for authorization was submitted to the Community and Economic Development Department prior to 5:00 p.m. on March 15, 2016.

(4) Applications to open the general plan must receive at least four affirmative votes by the City Council.

(5) If the City Council authorizes the special request, then the proposed amendment is referred to the Community Development Department pursuant to subsection (G) of this section, for consideration by the Planning Commission and City Council.

(F) Each application which is submitted by an applicant in accordance with subsection (D) of this section, or authorized for special consideration pursuant to subsection (E) of this section, shall be considered and given due consideration by the Commission and Council, unless withdrawn by the applicant.

(G) Procedure. City staff shall process and consider general plan amendments as provided in this subsection.

(1) An applicant shall submit a request to the Community Development Department on a form established by the Department along with any fee established by the City’s schedule of fees. The City Council, Planning Commission, or authorized City staff may initiate a general plan amendment without submittal of an application or payment of any fee. Anyone proposing general plan amendments shall do the survey and analysis work necessary to justify the proposed amendment. To ensure the Planning Commission and City Council have sufficient information to evaluate a proposed amendment, an applicant shall submit at least the following information:

(a) For map amendments:

(i) An eight-and-one-half-inch by 11-inch map showing the area of the proposed amendment;

(ii) Current copy of county assessor’s parcel map showing the area of the proposed amendment;

(iii) Mapped inventory of existing land uses within the area of the proposed amendment and extending one-half mile beyond such area;

(iv) Correct property addresses of parcels included within the area of the proposed amendment;

(v) Written statement specifying the potential use of property within the area of the proposed amendment;

(vi) Written statement explaining why the existing general plan designation for the area is no longer appropriate, desirable, or feasible; and

(vii) Analysis of potential impacts of the proposed amendment on existing infrastructure and public services such as traffic, streets, intersections, water and sewer, storm drains, electrical power, fire protection, garbage collection, and such other matters as the City may require from time to time; and

(b) For text amendments:

(i) Written statement showing the desired language change and explaining why existing general plan language is no longer appropriate or feasible;

(ii) Analysis of potential impacts of the proposed amendment;

(iii) Map showing affected geographic areas based on proposed text changes.

(2) After City staff determines the completeness of an application or prior to a City-initiated general plan amendment proposal, as well as its timeliness under subsection (D) of this section, the City shall provide notice of intent to prepare or amend the general plan in accordance with the provisions of SCC 10.20.050. After providing notice of intent to prepare or amend the general plan, the Community Development Department, as the Land Use Administrator, shall prepare a staff report evaluating the proposed amendment.

(3) The Planning Commission, as the Advisory Body, shall schedule and hold a public hearing on the proposed amendment in accordance with the provisions of SCC 10.20.050, if the proposed amendment was submitted in accordance with subsection (D) of this section or authorized in accordance with subsection (E) of this section. After the public hearing, the Planning Commission may modify the proposed amendment before forwarding its recommendation to the City Council.

(4) The City Council may schedule and hold a public hearing on the recommended general plan amendment in accordance with the provisions of SCC 10.20.050.

(H) Approval Standards. A decision to amend the general plan is a matter within the legislative discretion of the City Council. After the public hearing described in subsection (G)(4) of this section, the City Council may make any modifications to the proposed general plan amendment that it considers appropriate. The City Council may then adopt or reject the proposed amendment either as proposed by the Planning Commission or after making said modifications. The City Council may also table the matter for further information, consideration or action.

(I) Appeal. Any person adversely affected by a final decision of the City Council to amend the general plan may appeal that decision to the district court as provided in Section 10-9a-801, Utah Code Annotated 1953, as amended.

(J) Effect of Approval. No one shall deem approval of an application to amend the general plan as an approval of any zone, conditional use, site plan, or other permit. Obtaining approval of a particular zone or permit shall be in accordance with applicable provisions of this title.

(K) Effect of Disapproval. City Council denial of an application to amend the general plan shall preclude a person from filing another application covering substantially the same subject or property, or any portion thereof, for six months from the date of the disapproval. This section shall not limit the City Council, Planning Commission, or authorized City staff from initiating a general plan amendment at any time. [Ord. 16-10; Ord. 15-24 § 1 (Exh. A); Ord. 11-02 § 1 (Exh. A); Ord. 10-02 § 1 (Exh. A, B); Ord. 08-07 § 1 (Exh. A); Code 1971 § 10-4-060.]

10.20.070 Zoning map and text amendments.

(A) Purpose. This section sets forth procedures for amending the provisions of this title and the zoning map.

(B) Authority. The City Council, as the Land Use Authority, may from time to time amend the text of this title and the zoning map as provided in this section. Amendments may include changes in the number, shape, boundaries, or area of any zoning district, zoning district regulations or any other provision of this title. The provisions set forth herein shall not apply to temporary zoning regulations that the Council may enact without public hearing in accordance with Section 10-9a-504, Utah Code Annotated 1953, as amended.

(C) Initiation. The City Council, Planning Commission, or a property owner may initiate proposed amendments to the text of this title and the zoning map as provided in subsection (D) of this section.

(D) Procedure. The City shall process and consider zoning text and map amendments as provided in this subsection.

(1) An applicant shall submit a request to the Community Development Department on a form established by the Department, along with any fee established by the City’s schedule of fees. The application shall include at least the following information:

(a) Name and address of every person or company the applicant represents.

(b) Requested amendment and reasons supporting the request.

(c) If the proposed amendment requires a change in the zoning map, the application shall include:

(i) An accurate property map showing present and proposed zoning classifications;

(ii) All abutting properties showing present zoning classifications; and

(iii) An accurate legal description and an approximate common address of the area proposed for rezoning.

(d) If the proposed amendment requires a change in the text of this title, the application shall include chapter and section references and a draft of the proposed text.

(2) After City staff determines completeness of the application, the Community Development Department, as the Land Use Administrator, shall prepare a staff report evaluating the application.

(3) The Planning Commission, as the Advisory Body, shall schedule and hold a public hearing on the application as provided in SCC 10.20.040 and 10.20.050. Following the public meeting the Planning Commission shall recommend approval, approval with modifications, or denial of the proposed amendment and submit its recommendation to the City Council for review and decision.

(4) The City Council may schedule and hold a public meeting on the application as provided in SCC 10.20.040 and 10.20.050. At the public meeting the City Council shall approve, approve with modifications, or deny the proposed amendment.

(E) Approval Standards. A decision to amend the text of this title or the zoning map is a matter of legislative discretion by the City Council and not controlled by any one standard. However, such changes shall be consistent with the current general plan and general plan map, and in making an amendment, the City Council should also consider:

(1) Whether it would be harmonious with the overall character of existing development in the vicinity of the subject property, or in cases of text amendments, in areas governed by the amended text;

(2) Whether it would be consistent with the standards of any applicable overlay zone and, in cases of text amendments, harmonious with areas governed by the amended text;

(3) The extent to which it may adversely affect adjacent property; and

(4) The adequacy of facilities and services intended to serve the subject property, including but not limited to roadways, parks and recreation facilities, police and fire protection, schools, storm water drainage systems, water supplies, and waste water and refuse collection.

(F) Appeal of Decision. Any party adversely affected by a decision of the City Council to amend the text of this title or the zoning map may, within 30 days after such decision, appeal to the District Court as provided in Section 10-9a-801 et seq., Utah Code Annotated 1953, as amended.

(G) Effect of Approval. Approval of an application to amend the provisions of this title or the zoning map shall not constitute an approval of any conditional use, site plan, or other permit. Obtaining approval of such permits shall be in accordance with applicable provisions of this title.

(H) Effect of Disapproval. City Council denial of an application to amend the provisions of this title or the zoning map shall preclude the filing of another application covering substantially the same subject or property, or any portion thereof, for one year from the date of the disapproval, unless the Planning Commission determines a substantial change in circumstances occurred to merit consideration of the application or the application is for a change to a different zone. The City Council or Planning Commission may propose any text or zoning map amendment at any time. [Ord. 15-24 § 1 (Exh. A); Ord. 11-02 § 1 (Exh. A); Ord. 10-02 § 1 (Exh. A, B); Ord. 08-07 § 1 (Exh. A); Ord. 06-27; Ord. 06-17; amended 1991; Code 1971 § 10-4-070.]

10.20.080 Conditional use permits.

(A) Purpose. This section sets forth procedures for considering and approving conditional use permits.

(B) Authority. The Community Development Department, as the Advisory Body and/or Land Use Authority, or Planning Commission, as the Land Use Authority, has the authorization to issue conditional use permits as provided in this section.

(C) Initiation. A property owner, or the owner’s agent, may request a conditional use permit as provided in subsection (D)(1) of this section.

(D) Procedure. The City shall process and consider an application for a conditional use permit as provided in this subsection.

(1) An applicant shall submit a request to the Community Development Department on a form established by the Department along with any fee established by the City’s schedule of fees. The application shall include at least the following information:

(a) Address and parcel identification of the subject property.

(b) Zone, zone boundaries and present use of the subject property.

(c) Complete description of the proposed conditional use.

(d) A plot plan showing the following:

(i) Applicant’s name;

(ii) Site address;

(iii) Property boundaries and dimensions;

(iv) Layout of existing and proposed buildings, parking, landscaping, utilities, and easements;

(v) Adjoining property lines and uses within 100 feet of the subject property; and

(vi) Any other information determined to be necessary by the Land Use Administrator.

(e) Traffic impact analysis, if required by the City Engineer or the Planning Commission.

(f) A statement by the applicant demonstrating how the requested use would meet the approval standards of subsection (E) of this section.

(g) A statement indicating whether the applicant will require a variance in connection with the proposed conditional use.

(h) The Department may request that the applicant provide, at his or her option and expense, any reports and/or studies relating to utilities, traffic impact, school impact, soil and water impact, existing conditions, line-of-sight and building massing, and any other information necessary in order to render a proper decision.

(2) If the use would require a variance, the applicant shall submit a variance application with the conditional use application.

(3) The Community Development Department, as the Land Use Administrator, shall prepare a staff report evaluating the application(s).

(4) The Community Development Department, as the Land Use Authority, shall approve or deny applications for minor conditional uses. The Planning Commission, as the Land Use Authority, shall hold a public meeting and thereafter approve, approve with conditions, or deny major conditional use permit application(s) pursuant to the standards set forth in subsection (E) of this section. The Land Use Authority shall limit any conditions of approval to those needed to reasonably ensure the conditional use substantially complies with approval standards.

(5) After the Land Use Authority makes a decision, the Community Development Department shall give the applicant written notice of the decision.

(6) Following the issuance of a conditional use permit, the City Building Inspector shall inspect such use to ensure the development is undertaken and completed in compliance with the conditional use permit.

(7) The Department shall maintain a record of all conditional use permits.

(E) Approval Standards. The following standards shall apply to the issuance of a conditional use permit. The Land Use Authority may:

(1) Issue a conditional use permit for a use located within a zone that would allow, through regulations, the particular conditional use.

(2) Impose conditions as necessary to prevent or minimize adverse effects upon other property or improvements in the vicinity of the conditional use, the City as a whole, or public facilities and services. These conditions may include but are not limited to conditions concerning use, construction, character, location, landscaping, screening, parking, hours of operation, and other matters relating to the purposes and objectives of this title. The Land Use Authority shall expressly set forth such conditions in the motion authorizing the conditional use permit.

(3) Approve, approve with conditions, or deny a conditional use, but shall approve it if they can impose reasonable conditions to mitigate the reasonably anticipated detrimental effects of the proposed use in accordance with applicable standards. However, if there are insufficient reasonable conditions the Land Use Authority could impose to substantially mitigate any reasonably anticipated detrimental effects of a proposed conditional use in order to achieve compliance with applicable standards, they may deny the requested conditional use.

(4) The Land Use Authority may request additional information as needed to determine the potential for compliance with requirements of subsection (E)(3) of this section.

(5) The Land Use Authority shall review and consider the following factors in determining whether to approve, approve with conditions, or deny a conditional use permit application:

(a) Compliance of the proposed use with intent of the City’s general plan and the regulations and conditions of this title;

(b) The proposed use at the particular location is necessary or desirable to provide a service or facility that will contribute to the general well-being of the neighborhood and the community;

(c) Any reports and/or studies relating to utilities, traffic impact, school impact, soil and water impact, existing conditions, line-of-sight and building massing, and any other information in order to render a proper decision;

(d) Safeguards proposed or provided to ensure adequate utilities, transportation access, drainage, parking, loading space, lighting, screening, landscaping, open space, fire protection, pedestrian and vehicular circulation and to prevent noxious or offensive omissions such as noise, glare, dust, pollutants, and odor from the proposed facility or use;

(e) Impacts on schools, utilities, transportation, traffic, and streets for the proposed site and surrounding area, including the following criteria: appropriate buffering of uses and buildings, proper parking and traffic circulation, and use of building materials and landscaping that are in harmony with the area and compatible with adjoining uses; and

(f) Impacts to the health, safety, or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity.

(6) When an applicant proposes a use which requires a conditional use permit on property where a substantially similar nonconforming use legally exists, the Land Use Authority may approve the conditional use permit, subject to the following requirements:

(a) A determination that the proposed conditional use is substantially similar to the previously permitted nonconforming use. In making such determination, the Land Use Administrator shall consider the nature, characteristics and impact of the existing and proposed uses, and compatibility and compliance of the proposed use with the factors set forth in subsection (E) of this section.

(b) Allowing nonconformance with respect to building setbacks, building height, landscaping and parking space requirements.

(c) Meeting all current building, construction, engineering, fire, health and safety standards as a condition of approval.

(d) Notifying the applicable neighborhood association by mail and posting a copy on the affected property or premises.

(F) Appeal of Decision. Any person adversely affected by a decision of the Land Use Authority regarding the transfer, issuance or denial of a minor conditional use permit may appeal such decision to the Planning Commission by filing written notice of appeal stating the grounds therefor within 15 days from the date of such final determination. Any person adversely affected by a decision of the Land Use Authority regarding the transfer, issuance, or denial of a major conditional use permit may appeal such decision to the City Council by filing written notice of appeal stating the grounds therefor within 15 days from the date of such final determination.

(G) Effect of Approval. A conditional use permit shall not relieve an applicant from obtaining any other authorization or permit required under this title or any other title of the Syracuse City Code.

(1) Unless otherwise specified by the Land Use Authority and subject to the provisions relating to amendment, revocation or expiration of a conditional use permit, a conditional use permit shall be of indefinite duration and run with the land.

(H) Amendments. The procedure for amending any conditional use permit shall be the same as the original procedure set forth in this section.

(I) Revocation or Suspension. The Planning Commission may revoke or suspend a conditional use permit as provided in SCC 10.15.080.

(1) Any of the following shall also be grounds for revocation or suspension:

(a) The use for which the City granted the permit has ceased for one year or more;

(b) The holder or user of the permit failed to comply with the conditions of approval or any City, state, or federal law governing the conduct of the use;

(c) The holder or user of the permit failed to construct or maintain the site as shown on the approved site plan or map; or

(d) The Planning Commission determined that operation of the use or character of the site was a nuisance or a court of competent jurisdiction in any civil or criminal proceeding found it to be a public nuisance.

(2) The Planning Commission shall not revoke a conditional use permit without first holding a public hearing. The City shall notify permittee in writing, served by registered mail or personal service, at least 10 days prior to the date of such hearing and the grounds for its convening. At any such hearing, the permittee shall be given an opportunity to testify, call witnesses, and present evidence. Upon conclusion of the hearing, the Planning Commission shall decide whether to revoke or suspend the permit. In the event the determination is to revoke or suspend the permit, the permittee may appeal the decision to the City Council in the manner provided in SCC 10.20.140. Revocation or suspension of a permit shall not limit the City’s ability to initiate or complete other legal proceedings against the holder or user of the permit.

(J) Expiration.

(1) Conditional use permit approval issued by the City shall expire if any of the following occur:

(a) Applicant does not implement the granted permit within one year of the issued approval date.

(b) The conditional use of land or structure ceases for any reason for a period of more than one year.

(c) A conditional use permit for a nonphysical structure is valid for only the original applicant and not transferable to any other resident or address. Upon termination of a permittee’s residency, the conditional use permit shall become invalid. Otherwise, a permit for physical structures remains with the land, and all future owners shall be held to the same standards as originally approved.

(2) The holder of a permit may submit a written request to the Community Development Department, prior to the expiration date of said permit for an extension of up to six months, subject to approval of the Land Use Authority and meeting the requirements under SCC 10.15.040. If the Land Use Authority does not approve the application, no one shall reapply for the same purpose for a minimum period of 12 months. [Ord. 12-02 § 1; Ord. 11-02 § 1 (Exh. A); Ord. 10-02 § 1 (Exh. A, B); Ord. 09-10 § 1 (Exh. A); Ord. 08-11 § 1 (Exh. A); Ord. 08-07 § 1 (Exh. A); Ord. 08-02 § 38; Code 1971 § 10-4-080.]

10.20.090 Site plan review.

(A) Purpose. This section sets forth minimum standards and procedures for all site plan applications and required submittals. These standards and procedures are established to encourage adequate advanced site planning and review in order to assure the highest quality of development for the City. Such standards and procedures are intended to provide for orderly, harmonious, safe and functionally efficient development consistent with priorities, values, and guidelines stated in the various elements of the Syracuse City general plan, this title and the general welfare of the community. This section is not intended to so rigidly control design so as to stifle creativity or individual expression, or to cause substantial, unnecessary expense; rather, any control exercised is intended to be the minimum necessary to efficiently achieve the objectives stated herein.

(B) Authority. As provided in this section, the Planning Commission is authorized to approve site plans after recommendation of the Land Use Administrator.

(C) Initiation. A property owner, or the owner’s agent, may request approval of a site plan as provided in subsection (D)(1) 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 manufacturing use.

(b) Any commercial use.

(c) Any institutional use.

(d) Any multifamily residential use.

(2) In situations requiring site plan approval, 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. Furthermore, no clearing, grubbing, grading, drainage work, parking lot construction or other site improvement shall be allowed prior to site plan approval.

(D) Procedure. An application for site plan approval shall be considered and processed as provided in this subsection.

(1) A complete application shall be submitted to the office of the Community Development Department in a form established by the Department along with any fee established by the City’s schedule of fees. Each application shall consist of one plan set of 22-inch by 34-inch drawings in addition to three plan sets of 11-inch by 17-inch drawings. The application and plan sets shall include at a minimum the following documents and information:

(a) A plan set cover sheet showing the entire site plan including a title block showing the name, address, and phone number of the applicant, designer, engineer and any other professionals that contributed to the production of the plans and drawings. The cover sheet shall also include the name (if applicable) and address of the proposed project, and date of preparation of the plans and drawings. A general vicinity map shall be inset on this sheet.

(b) A detailed boundary survey sheet showing the following information:

(i) The location and width of existing and proposed abutting streets.

(ii) All property and lot lines.

(iii) Existing and proposed easements and dedications, adjacent property owners and holding strips.

(iv) The location of all existing and proposed structures on the property, including the building height and any provisions to screen roof-based mechanical equipment, and the location of existing structures on adjoining properties.

(v) The location of existing fencing and significant existing trees and shrubbery.

(vi) The location of off-street parking, driveways, loading facilities, and hard-surfaced areas.

(vii) The location of existing and proposed curb, gutter, and sidewalk, curb cuts. If property abuts a state highway, the applicant must obtain approval of the Utah State Department of Transportation Right-of-Way Engineer for location of curb, gutter, and sidewalk. The Utah Department of Transportation must also approve location and number of curb entrances.

(viii) The location of refuse container(s). Trash collection sites shall be within an area enclosed by a fence or wall at least six feet in height and impervious to sight, adequate to conceal such facilities from adjacent property and the street.

(ix) The location of vehicular and pedestrian access and circulation including all existing and proposed traffic, pedestrian and road safety signs.

(c) A detailed utilities site plan showing the following information: The location and size of all existing or proposed utilities that will provide service to the project (including location of nearest fire hydrants) consistent with design standards approved by the City.

(d) A detailed landscaping site design plan that shows the following information:

(i) Proposed landscaping including identification of plant species and fencing in enough detail that the Planning Commission can review the screening and aesthetic qualities.

(ii) Irrigation sprinkler designs indicating the location and service size of secondary water connections. Except in a general commercial zone, the site shall have a minimum 10 percent of the total lot area landscaped.

(iii) Location and design of all exterior lighting. No one shall install or allow such lighting to operate in any way that permits the rays of light to penetrate beyond the property on which such light emanates.

(iv) Data table showing parcel, building, landscaping, parking areas and percentages, and number of parking stalls required and provided.

(e) Floor plans and elevations including exterior finishes and colors.

(f) Required engineer drawings for on- and off-site improvements as directed by the City Engineer.

(g) Traffic study and geotechnical study as directed by the City Engineer.

(h) Each sheet shall be signed and stamped by a professional engineer or professional landscape architect, as applicable.

(E) Standards for Approval. The City staff may provide advisory comments to the applicant prior to scheduling the site plan on the Planning Commission agenda. Staff comments will not guarantee or imply approval of any portion of the site plan. The following standards shall apply to the approval of a site plan.

(1) The entire site shall be developed at one time unless a phased development plan is approved.

(2) A site plan shall conform to applicable standards set forth in this title. In addition, consideration shall be given to the following:

(a) Considerations relating to traffic safety and traffic congestion:

(i) Effect of the site development plan on traffic conditions on abutting streets and neighboring land uses, both as existing and as planned;

(ii) Layout of the site with respect to location and dimensions of vehicular and pedestrian entrances, exits, driveways, and walkways;

(iii) Arrangement and adequacy of off-street parking facilities to prevent traffic congestion and compliance with the provisions of City ordinances regarding the same;

(iv) Location, arrangement, and dimensions of truck loading and unloading facilities;

(v) Vehicular and pedestrian circulation patterns within the boundaries of the development;

(vi) Surfacing and lighting of off-street parking facilities; and

(vii) Provision for transportation modes other than personal motor vehicles, including such alternative modes as pedestrian, bicycle, and mass transit.

(b) Considerations relating to outdoor advertising: compliance with the provisions of Chapter 10.45 SCC. Sign permit applications shall be reviewed and permits issued as a separate process. Action may be taken simultaneously with or following site plan review.

(c) Considerations relating to landscaping:

(i) Location, height, and materials of walls, fences, hedges, and screen plantings to provide for harmony with adjacent development, or to conceal storage areas, utility installations, or other unsightly development;

(ii) Planting of ground cover or other surfaces to prevent dust and erosion; and

(iii) Unnecessary destruction of existing healthy trees.

(d) Considerations relating to buildings and site layout:

(i) The general silhouette and mass, including location on the site and elevations, in relationship to the character of the district or neighborhood and the applicable provisions of the general plan; and

(ii) Exterior design in relation to adjoining structures in height, bulk, and area openings, breaks in facade facing on the street, line and pitch of roofs, the arrangement of structures on the parcel, and appropriate use of materials and colors to promote the objectives of the general plan relating to the character of the district or neighborhood.

(e) Considerations relating to drainage and irrigation:

(i) The effect of the site development plan on the adequacy of the storm and surface water drainage; and

(ii) The need for piping of irrigation ditches bordering or within the site.

(f) Other considerations including, but not limited to:

(i) Buffering;

(ii) Lighting;

(iii) Placement of trash containers and disposal facilities; and

(iv) Location of surface, wall and roof-mounted equipment.

(F) Provision of Curb, Gutter, and Sidewalk. The applicant for site plan approval for multiple dwellings, commercial or industrial structures, and all other business or public and semi-public buildings requiring motor vehicle access shall provide highback curb, gutter, and sidewalks along the entire property line which parallels any road or street except for entrances to the property as approved by the Land Use Authority, at which places the applicant shall provide curb cuts in place of highback curb.

(G) Bonding. Applicant shall provide a guarantee of installation and construction of all on-site and off-site improvements required by this title, or as required by the Land Use Authority, prior to issuance of any building permits or the commencement of any work. The guarantee shall be in a form acceptable to the City and in an amount equal to 110 percent of the estimated cost of all improvements. The guarantee shall assure the installation of improvements within one year of the date of site plan approval, and shall provide a one year warranty pertaining to the installed improvements. It shall be the responsibility of the developer to notify the City when improvements are complete and ready for inspection.

(H) Once all application requirements have been met, redline corrections made, revised plans submitted and City Engineer’s approval given, the site plan will be scheduled on the Planning Commission agenda for a public hearing at which public comment will be taken. Notice of the public hearing shall be provided in accordance with SCC 10.20.040(A). The Planning Commission shall receive public comment regarding the site plan and shall approve, approve with conditions or deny the site plan.

(I) Appeal of Decision. Any person adversely affected by a decision of the Planning Commission regarding approval or denial of a site plan may be appealed to the City Council or District Court in accordance with the provisions of Section 10-9a-801 et seq., Utah Code Annotated 1953.

(J) 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. Any building permit issued shall expressly require that development be undertaken and completed in conformity with the approved site plan. No structures or improvements may be added to a site that are not included on the approved site plan.

(2) All improvements shown on the approved site plan or amended site plan shall be maintained in a neat and attractive manner.

(3) 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.

(K) 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 Planning Commission 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 the Syracuse City Code.

(d) The proposed 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.

(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 Planning Commission cannot make the findings required in subsection (K)(1) of this section, a conditional use permit or amended site plan, as the case may be, shall be approved before any alteration or expansion occurs.

(3) Notice of a proposed alteration or expansion should be given as provided in SCC 10.20.050.

(4) 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.

(5) Except as may be provided elsewhere in this title, when a site plan is amended, the site shall be brought into compliance with current provisions of this title.

(L) Revocation. A site plan approval may be revoked as provided in SCC 10.15.080.

(M) Expiration. Failure to obtain a building permit within one year of approval of any site plan shall terminate and cancel the prior site plan approval given, whereupon the Planning Commission may require that a new site plan be submitted and approval obtained pursuant to this section. A written request may be submitted to the Planning Commission prior to expiration of the site plan for an extension of up to six months. The Planning Commission can grant such an extension where good cause can be shown. [Ord. 13-15 § 1; Ord. 12-13 § 1; Ord. 11-02 § 1 (Exh. A); Ord. 09-09 § 1 (Exh. A); Ord. 08-11 § 1 (Exh. A); Ord. 08-07 § 1 (Exh. A); Ord. 08-02 § 39; Ord. 06-27; Ord. 06-17; amended 1991; Code 1971 § 10-4-090.]

10.20.100 Variances.

(A) Purpose. This section sets forth procedures for considering and approving a variance to the provisions of this title. Variance procedures are intended to provide a narrowly circumscribed means by which relief may be granted from particular unforeseen applications of the provisions of this title that create unreasonable hardships.

(B) Authority. The Board of Adjustment is authorized to hear and decide variances to the provisions of this title as provided in this section.

(C) Initiation. A property owner, or the owner’s agent, may request a variance to the provisions of this title as provided in subsection (D) of this section.

(D) Procedure. An application for a special exception shall be considered and processed as provided in this subsection.

(1) A complete application shall be submitted to the office of the Community Development Department in a form established by the Department along with any fee established by the City’s schedule of fees. The application shall include at least the following information:

(a) The address and parcel identification of the subject property.

(b) The specific feature or features of the proposed use, construction or development that require a variance.

(c) The specific provision of this title from which the variance is sought and the precise variance being sought.

(d) A statement of the characteristics of the subject property that prevent compliance with the provisions of this title and result in unnecessary hardship.

(e) A statement of the minimum variation needed to permit the proposed use, construction or development.

(f) An explanation of how the application satisfies each standard set forth in subsection (E) of this section.

(g) A plot plan showing the following:

(i) Applicant’s name;

(ii) Site address;

(iii) Property boundaries and dimensions;

(iv) Layout of existing and proposed buildings, parking, landscaping, and utilities; and

(v) Adjoining property lines and uses within 100 feet of the subject property.

(h) An elevation plan drawn to scale showing all elevations of existing and proposed structures.

(i) When the variance involves building height, a streetscape plan showing the height of all buildings within 150 feet of the subject property.

(j) When a variance involves grade changes, a topographical drawing prepared by a licensed surveyor, showing existing topography in dashed lines at two-foot intervals and showing the proposed grade in solid lines at two-foot intervals.

(k) When a variance involves retaining walls, a plan showing all retaining walls, including their height relative to proposed grades.

(l) Any other information identified by the Zoning Administrator to be pertinent to the requested variance.

(2) After the application is determined to be complete, the City shall schedule a public hearing before the Board of Adjustment as provided in SCC 10.20.040. Notice of the hearing should be given as provided in SCC 10.20.050.

(3) A staff report evaluating the application shall be prepared by the Community Development Department.

(4) The Board of Adjustment 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 variance to approval standards.

(5) After the Board of Adjustment makes a decision, the Community Development Department shall give the applicant written notice of the decision.

(6) A record of all variances shall be maintained in the office of the Community Development Department.

(E) Approval Standards. The following standards shall apply to a variance:

(1) The Board of Adjustment may grant a variance only if:

(a) Literal enforcement of this title would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of this title;

(b) There are special circumstances attached to the property that do not generally apply to other properties in the same zoning district;

(c) Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zoning district;

(d) The variance will not substantially affect the general plan and will not be contrary to the public interest; and

(e) The spirit of this title is observed and substantial justice done.

(2) The Board of Adjustment may find an unreasonable hardship exists only if the alleged hardship is located on or associated with the property for which the variance is sought and comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood. The Board of Adjustment may not find an unreasonable hardship exists if the hardship is self-imposed or economic.

(3) The Board of Adjustment may find that special circumstances exist only if the special circumstances relate to the hardship complained of and deprive the property of privileges granted to other properties in the same zoning district.

(4) An applicant shall bear the burden of proving that all of the conditions justifying a variance have been met.

(5) A use variance may not be granted.

(6) In granting a variance, the Board of Adjustment may impose additional requirements on an applicant that will mitigate any harmful effects of the variance, or serve the purpose of the standard or requirement that is waived or modified.

(7) A variance more restrictive than that requested may be authorized when the record supports the applicant’s right to some relief but not to the extent requested.

(F) Appeal of Decision. Any person adversely affected by a decision of the Board of Adjustment regarding a variance may appeal such decision to the District Court as provided in Utah law.

(G) Effect of Approval. A variance shall not authorize the establishment of any use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for any approvals or permits that may be required by this title or other applicable provisions of the Syracuse City Code.

(H) Amendments. The procedure for amending any variance decision shall be the same as the original procedure set forth in this section.

(I) Expiration. Variances shall not expire but shall run with the land. [Ord. 11-02 § 1 (Exh. A); Ord. 08-07 § 1 (Exh. A); Code 1971 § 10-4-100.]

10.20.110 Nonconforming uses or noncomplying structures.

(A) Purpose. This section sets forth procedures for determining the existence, expansion, or modification of a nonconforming use or noncomplying structure.

(B) Authority. The Land Use Administrator is authorized to make a determination regarding the existence, expansion, or modification of a nonconforming use or noncomplying structure as provided in this section.

(C) Initiation. A property owner, or owner’s agent, may request a determination regarding the existence, expansion, or modification of a nonconforming use or noncomplying structure affecting the owner’s property as provided in subsection (D)(1) of this section.

(D) Procedure. An application for determination of the existence, expansion, or modification of a nonconforming use or noncomplying structure shall be considered and processed as provided in this subsection.

(1) A complete application shall be submitted to the office of the Community Development Department on a form established by the Department along with any fee established by the City’s schedule of fees. The application shall include at least the following information:

(a) The nonconforming use or noncomplying structure in question.

(b) A description of the action requested by the applicant.

(c) Grounds for finding the use is nonconforming or structure is noncomplying or for allowing expansion or modification of the nonconforming use or noncomplying structure.

(2) After the application is determined to be complete, the Land Use Administrator 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 those needed to improve the compliance level of the existing, expanded, or modified nonconforming use or noncomplying structure to approval standards.

(3) After making a decision, the Land Use Administrator shall give the applicant written notice of the decision.

(4) A record of all nonconforming use determinations shall be maintained in the office of the Land Use Administrator.

(E) Standards for Decision. A determination regarding the existence, expansion, or modification of a nonconforming use or noncomplying structure shall be based on applicable provisions of Chapter 10.25 SCC.

(F) Appeal of Decision. Any person adversely affected by a decision of the Land Use Administrator regarding a nonconforming use or noncomplying structure may appeal such decision as provided in SCC 10.20.140.

(G) Effect of Decision. An applicant may continue, expand, or modify a nonconforming use or noncomplying structure as determined by the Land Use Administrator. [Ord. 11-02 § 1 (Exh. A); Ord. 08-07 § 1 (Exh. A); Code 1971 § 10-4-110.]

10.20.115 Reasonable accommodations.

(A) Purpose. This section establishes procedures and standards for requests for reasonable accommodation due to disability.

(B) Definitions. The following definitions shall apply to this section:

“Administrative Hearing Officer” means a law-trained individual who has been appointed by the Mayor, with advice and consent of the Council, to consider appeals from reasonable accommodation requests.

“Director” means the Syracuse City Director of Community and Economic Development.

“Disability” means a physical or mental impairment that substantially limits one or more of a person’s major life activities, including a person having a record of such a problem or being regarded as having such an impairment. It does not include current illegal use of, and/or resulting addiction to, any federally controlled substance as defined in Section 102 of the Controlled Substances Act, 21 U.S.C. 802, or as defined under Utah Code Ann. Title 58, Chapter 37, as amended.

“Major life activities” means functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.

“Physical or mental impairment” includes the following:

(1) Any psychological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine;

(2) Any mental or physiological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities; or

(3) Diseases or conditions such as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, human immunodeficiency virus, drug addiction (other than addiction caused by current, illegal use of controlled substances), and alcoholism.

“Reasonable accommodation” means a change in any rule, policy, practice, or service that is necessary to afford a person with a disability an equal opportunity to use and enjoy a dwelling.

(C) An applicant who wishes to make a request for a reasonable accommodation must provide the following to the Director, in writing:

(1) The name, mailing address, and phone number or email of the applicant;

(2) The nature and extent of the disability;

(3) An exact statement of the ordinance or policy from which the applicant needs a reasonable accommodation;

(4) The applicant’s proposed reasonable accommodation;

(5) A statement detailing why such reasonable accommodation is necessary; and

(6) The physical address of the property where the applicant requests the reasonable accommodation.

(D) The Director’s authority to hear reasonable accommodation requests for zoning regulations is nondelegable.

(E) The burden of production and persuasion rests upon the applicant to establish the existence of a disability and that the requested relief is a reasonable accommodation.

(F) In determining whether an accommodation is reasonable, the Director determines whether the requested accommodation meets three main criteria:

(1) Reasonableness. An accommodation is reasonable if it will not undermine the legitimate purpose of existing zoning regulations notwithstanding the benefit that the accommodation will provide to a person with a disability.

(2) Necessity. An accommodation must be necessary, meaning that but for the accommodation, one or more persons with a disability likely will be denied an equal opportunity to enjoy the housing of their choice.

(3) Equal Opportunity. The accommodation achieves equal results as between a person with a disability and a nondisabled person.

(4) In considering these three criteria, the Director shall consider the following facts, as applicable:

(a) Applicable zoning ordinances;

(b) Anticipated traffic, parking, and noise impact on the neighborhood if the accommodation is granted;

(c) Whether the accommodation will be an undue burden or expense to the City;

(d) The extent to which the accommodation will or will not benefit the applicant;

(e) The extent to which the accommodation will or will not benefit the community;

(f) Whether the accommodation fundamentally alters the citywide zoning ordinance and whether or not the accommodation would likely create a fundamental change in the character of a residential neighborhood;

(g) Whether the applicant has demonstrated that the accommodation will affirmatively enhance the applicant’s life or ameliorate the effects of the applicant’s disability, or the lives or disabilities of those on whose behalf the applicant is applying;

(h) Whether or not, without accommodation, similar housing is available in the city for the applicant or group of applicants;

(i) The anticipated impact of the accommodation on the immediate neighborhood; and

(j) Any other requirements of applicable federal or state laws and regulations.

(G) The Director shall render a written decision within 30 calendar days after the application is received by the Director, and send a copy of that decision to the mailing address or email address provided by the applicant. An additional 30 days are available if the Director determines that the request is complicated or requires more extensive study, or if the process was delayed by the applicant.

(H) Appeal from the Director’s decision may be made by an aggrieved person with standing to an Administrative Hearing Officer for the City, within 10 business days after the decision is rendered. Notice of appeal is made by delivering a copy of the notice to the City Recorder.

(1) The Administrative Hearing Officer shall be appointed by the Mayor, subject to the advice and consent of the City Council, as provided in Chapter 2.25 SCC.

(2) The Administrative Hearing Officer shall be compensated for their services on a per-hearing or per-hour basis, as established upon appointment.

(3) The Administrative Hearing Officer shall either have graduated from an accredited law school, or have significant experience with the requirements and operation of administrative hearing processes. The officer shall be free from any bias or conflict of interest that might affect impartiality of decisions.

(I) The Administrative Hearing Officer hears the case de novo, applying the same standard and receiving testimony and evidence. The Administrative Hearing Officer shall render a written decision to the applicant within 30 days of the hearing. Appeals from the Administrative Hearing Officer’s decision may be made by an aggrieved person with standing to the Second District Court of Utah, within 30 calendar days of the decision. [Ord. 17-22 § 2 (Exh. A).]

10.20.120 Appeal of administrative decisions.

(A) Purpose. This section sets forth procedures for appealing an administrative decision applying provisions of this title.

(B) Authority. The Board of Adjustment, Planning Commission, or City Council, as designated in this title, shall hear and decide appeals from administrative decisions applying the provisions of this title as provided in this section.

(C) Initiation. Any person adversely affected by a decision administering or interpreting a provision of this title may appeal to the Board of Adjustment or City Council, as applicable. A complete application for an appeal shall be filed within 15 days of the decision.

(D) Procedure. An appeal of an administrative decision shall be considered and processed as provided in this subsection.

(1) A complete notice of appeal shall be submitted to the office of the Community Development Department on a form established by the Department along with the fee established by the City in its consolidated fee schedule. The notice of appeal shall include at least the following information:

(a) The decision appealed;

(b) Grounds for the appeal; and

(c) A description of the action claimed by the applicant to be incorrect.

(2) After the notice of appeal is determined to be complete, the City shall schedule a hearing before the appropriate body. Notice of the hearing, whether before the Board of Adjustment or City Council, shall be given as provided in SCC 10.20.040. Prior to the hearing, the Community Development Department shall transmit to the appellate body all papers constituting the record of the appealed action.

(3) An appeal to the Board of Adjustment, Planning Commission, or City Council shall not stay proceedings taken in furtherance of the action appealed, unless such proceedings are specifically stayed by order of the Land Use Administrator. An appellant may request a stay by submitting to the Land Use Administrator, in writing, a request for a stay setting forth the reasons why a stay is necessary to protect against imminent harm. In determining whether or not to grant a stay, the Land Use Administrator shall assure that all potentially affected parties are given the opportunity to comment on the request. A ruling on the request for a stay shall be given within five days from the submittal date to the Land Use Administrator. The Land Use Administrator, in granting a stay, may impose additional conditions to mitigate any potential harm caused by the stay, including requiring the appellant to post a bond. Within 10 days of the Land Use Administrator’s decision regarding the grant or denial of a stay, any aggrieved party may appeal the decision to the appellate body with jurisdiction over the appeal, whose decision will be final.

(4) The appellate body shall conduct a hearing based upon the record only, taking no new testimony or new information but relying solely upon the information and final decision of the officer or body from whom the appeal was taken. The appellate body shall thereafter affirm or reverse, wholly or in part, the lower decision, modify that decision, or impose any conditions needed to conform the matter appealed to applicable approval standards. If the prior decision is supported by substantial evidence, the appellate body shall affirm that decision. The appellate body shall have all the powers of the officer or body from whom the appeal was taken and may issue or direct the issuance of a permit.

(5) A record of all appeals shall be maintained in the office of the Community Development Department. [Ord. 11-02 § 1 (Exh. A); Ord. 08-07 § 1 (Exh. A); Code 1971 § 10-4-120.]

10.20.130 Appeal of exactions (constitutional takings).

Any owner of private real property, who claims such property was subject to a constitutional taking, may appeal any final decision, applicable to the property, made by the City. The following procedures shall apply to such appeals:

(A) The appellant shall obtain a final determination by authorized City personnel concerning the decision for the requested review.

(B) Within 30 days from the date of the final decision for the requested review, the appellant shall file the appeal in writing in the office of the City Recorder. A copy of the appeal shall be filed with the City Attorney.

(C) The City Council, or its designee, shall immediately set a time to review the decision that gave rise to the appeal.

(D) The appellant shall submit the following information with the appeal:

(1) Name and business address of the current owner(s) of the property, form of ownership, and, if owned by a corporation, partnership, or joint venture, the name and address of all shareholders or partners holding a 10 percent or greater interest in the entity.

(2) Detailed statement of the grounds for the appeal.

(3) Detailed description of the property alleged to have been taken.

(4) Evidence and documentation of property value of the property alleged to have been taken, including date and cost at time of property acquisition, evidence of the value of property before and after the alleged constitutional taking, name of the party from whom purchased, and relationship, if any, between the person requesting the review and the party from whom the property was acquired.

(5) Nature of the protectable interest claimed to be affected, such as, but not limited to, fee simple ownership, leasehold interest, etc.

(6) Terms (including sale price) or any previous purchase or sale of a full or partial interest in the property in the three years prior to the date of request for review.

(7) All appraisals of the property prepared for any purpose, including financing, offering for sale, or ad valorem taxation, within the three years prior to the date of application.

(8) Assessed value of any ad valorem taxes on the property for the previous three years.

(9) All information concerning current mortgages or other loans secured for the property, including the name of the mortgagee or lender, current interest rate, remaining loan balance, and term of the loan and other significant provisions, including but not limited to right of purchasers to assume the loan.

(10) All listings of the property for sale or rent, prices asked and offers received, if any, within the previous three years.

(11) All studies commissioned by the appellant within the previous three years concerning feasibility of development or utilization of the property.

(12) For income-producing property, itemized income and expense statements from the property for the previous three years.

(13) Information from a title policy or other similar source showing all recorded liens or encumbrances affecting the property.

(14) Any other requested information by the City Council or designee deemed reasonably necessary to determine whether there has been a constitutional taking.

(E) The City Recorder shall not deem an application “complete” or “submitted” until the reviewing body or official certifies to the appellant that they received all materials and information required above.

(F) The City Council or designee shall hear all evidence related to and submitted by the appellant, City, or any other interested party to determine whether or not the City’s action may be a constitutional taking as defined in this title. In making such determination, the City Council or designee shall consider whether:

(1) The City had a legitimate governmental interest to support its action;

(2) The City would have been able to accomplish the same result through the use of a less intrusive action;

(3) The property owner was denied all economically viable use of the property;

(4) The action forced the property owner to allow a nonowner to enter the property;

(5) The appealed decision had an essential nexus to the legitimate governmental interest;

(6) The action taken was roughly proportional, both in nature and extent, to the impact caused by the activities that were the subject of the appealed decision;

(7) The City made an attempt to quantify its findings.

(G) The City Council or designee shall render a final written decision on the appeal within 14 days after the City Recorder receives all required information. A copy of the decision shall be given to the applicant and officer, employee, board, commission, or council that rendered the final decision that gave rise to the appeal.

(H) If the City Council or designee fails to hear and decide the appeal within 14 days, the appeal shall be presumed approved.

(I) Private Property Ombudsman. A private property owner may request the Utah State Private Property Ombudsman to mediate or conduct or arrange arbitration for disputes between private property owners and Syracuse City as provided in Section 63-34-13(g), Utah Code Annotated 1953, or any applicable successor law. [Ord. 11-02 § 1 (Exh. A); Code 1971 § 10-4-130.]

10.20.140 Land use decisions and appeal process.

This chapter shall not nullify the more restrictive provisions of covenants, agreements, other ordinances, or laws but shall prevail over provisions that are less restrictive. The City shall not impose, on a holder of an approved land use permit, a requirement not expressed in the applicable land use permit, documents on which the City based its approval of the land use permit, or any of the City’s adopted ordinances. The City is bound by the terms and standards of its land use ordinances and shall comply with mandatory provisions of same. Table 1 reflects the proper procedures governing land use decisions and appeals. Land use applicants shall have 15 days to appeal any decision to the appropriate appellate body. If the applicant desires to continue the appeal beyond the decision of the appellate body, they must file such appeal with the District Court within 30 days from the date on which the appellate body rendered its decision.

 

Table 1 

Decision to Be Made

Advisory Body

Land Use Authority

Appellate Body

External Appeal

Adoption of or amendments to general plan

Planning Commission (public hearing and notice required)

City Council (public hearing optional)

District Court (appeal within 30 days of decision)

 

Adoption of or amendments to land use ordinance

Planning Commission (public hearing required)

City Council (public hearing optional)

District Court (appeal within 30 days of decision)

 

Annexation application

Planning Commission (with recommendation of zoning designation)

City Council (public hearing and notice required)

(If petition or ordinance is denied, process ends)

(If petition or Ordinance is denied, process ends)

Appeal of administrative decisions

None

Land Use Administrator

City Council or Board of Adjustment (appeal within 15 days of decision)

District Court (appeal within 30 days from decision by appellate body)

Site plan

None

Planning Commission (public hearing and notice required)

City Council appeal within 30 days of decision

Civil or District Court appeal within 30 days of decision

Conditional use permits

None

Planning Commission or Land Use Administrator

Planning Commission or City Council (15 days from decision by Land Use Authority)

Civil or District Court (30 days from decision by appellate body)

Nonconforming uses and noncomplying structures

None

Land Use Administrator

City Council (15 days from decision by Land Use Authority)

District Court (30 days from decision by appellate body)

Minor home occupations (see Chapter 10.35 SCC)

None

Land Use Administrator

Planning Commission

City Council

Major home occupations (see Chapter 10.35 SCC)

Land Use Administrator

Planning Commission

City Council

District Court

Subdivision applications and plat approvals

Planning Commission (public hearing required at review of sketch plan)

City Council

District Court

30 days from decision by Land Use Authority

Vacations or amendments of subdivision plats

None

Planning Commission (public hearing and 10-day notice required)

City Council

District Court (30 days from decision by Land Use Authority)

Zoning variances

None

Board of Adjustment

District Court

30 days from decision by Land Use Authority

Exactions (constitutional takings)

City Recorder

Not Applicable

City Council

Utah State Private Property Ombudsman

[Ord. 13-15 § 1; Ord. 12-13 § 2; Ord. 11-02 § 1 (Exh. A); Ord. 08-07 § 1 (Exh. A); Ord. 06-27; Ord. 06-17; Code 1971 § 10-4-140.]