17.20.010 Zoning administration.
A. Purpose and Intent. The purpose of this section is to establish regulations and procedures for the processing and consideration of applications allowed by this land use code and designating the land use authority as the community development director, or designee, the planning commission and the city council as follows:
B. Reviewing Bodies and Noticing Requirements. For each type of application, the following official roles and decision-making responsibility/authority is listed for each land use authority. In addition, the type of meeting by type of application is listed. UCA Section 10-9a-200 et seq. sets the noticing requirements by law. General plan related public hearings have different requirements than regular public hearings. A public meeting is a meeting that is open to the public, with public comment at the discretion of the land use authority (the reviewing body). A public hearing is a meeting that is open to the public and public comment is encouraged. The type of meeting is determined by the type of application and the reviewing body/land use authority it is before. The community development director (CDD) or designee, the appeal authority (AA), the planning commission (PC), and the city council (CC) acting as land use authorities each have the following primary responsibility/authority to review applications for compliance with this chapter:
1. Requirements Fulfilled Prior to Activity. No use, development or development activity may be commenced until all necessary approvals, permits and licenses have been issued in accordance with the provisions of this title, and all required fees have been paid by the applicant.
2. Notice of Decision for Administrative Decisions.
a. Record of Final Decision. After hearing the evidence and considering the application, the approving land use authority (planning commission, community development director or designee, hearing officer, and city council on land use applications) shall make its written findings and have them entered in the minutes.
b. Notice of Decision. Upon a decision by the approving authority, a notice of decision shall be mailed to the applicant at the address or email address given in the application. A notice of decision can be a new written notice, a copy of the administrative approval form signed by the community development director or designee, or a copy of the approved minutes. A decision by the approving authority is final at the time the notice of decision is issued in writing. If a notice of decision is not sent, the decision shall be final on the date the minutes from the meeting are approved by the approving authority. Decisions are subject to requirements and conditions stated in the meeting minutes.
3. Appeals. Appeals from administrative decisions shall be submitted to the planning department not more than 10 calendar days after the date of the written notice of decision. Appeals from administrative decisions shall be heard and decided as outlined in WPCC 17.20.040.
4. Land Use Permit Termination.
a. Sixty-Day Limitation – Extension. If a request of the community development director has not been responded to within 60 days of the written request, the application may be terminated. The community development director may extend this deadline, or reinstate the application upon request by the applicant, if substantiated reasons are provided such as financial, legal, material or labor shortages, or circumstances clearly preventing the applicant from responding.
b. Construction, Development Within One Year. An application will be considered null and void if substantial construction or development has not occurred in connection with the application within one year of final approval. “Substantial construction or development” is defined as demolition, elimination, and removal of an existing structure preparatory to new construction, or the incorporation of labor and materials in the foundation of a building or buildings.
c. Resubmission Upon Termination. Should the application be terminated, the applicant shall be required to resubmit the application and shall satisfy all requirements in place at the time of resubmission, including the payment of fees. [Ord. 08-17-2021B § 2 (Exh. A)].