Document Millcreek_doc_9c0c93c454

Millcreek Together Code Update I Chapters 18.13-18.16 Application Procedures – Community Council Review Draft 1 18.13-18.16 Application Procedures 18.13 Application Procedures Purpose and Applicability 18.13.010 Purpose The purpose of this chapter is to establish procedures for submittals and review of applications for land use and development activity in Millcreek and for review of all applications for land use and development activity in Millcreek. 18.13.020 Applicability Land use approval shall be obtained prior to beginning any development activities. The specific type of process for such permissions shall be pursuant to the specific applications described herein as identified in subsequent chapters of this Land Use Code. 18.13.030 Organization A. The Application Procedures are organized as follows: 18.13 Application Procedures Purpose and Applicability 18.14 Application Procedures Summary Tables 18.15 General Development Application Procedures 18.16 Specific Development Application Procedures 18.14 Application Procedures Summary Tables 18.14.010 Overview A. This chapter contains tables that are a summary of the application procedures that are described more fully in MKZ 18.15, General Application Procedures and MKZ 18.16, Specific Application Procedures. The summary tables identify the various procedures for the various application types and identify the reviewing and decision-making responsibilities for each application. B. Legislative decisions are discretionary and all appeals of legislative decisions shall be filed with the Third Judicial District of the Utah State Courts. Table 18.14..1, Legislative Approvals Procedures, summarizes the general procedure for submittal, review and applications for legislative decisions. ---PAGE BREAK--- Millcreek Together Code Update I Chapters 18.13-18.16 Application Procedures – Community Council Review Draft 2 Table 18.14.1 Legislative Approvals Procedures Table 1. Table Note 1. The decision-making body is the Land Use Authority for that application type. 2. Table Note 2. Community Councils are encouraged to provide written recommendations to the Planning Department. If the relevant Community Council does not provide a recommendation on an application, the application shall proceed through the approval process without a Community Council recommendation. 3. Table Note 3. If the respective Community Council is not scheduled to meet in a timely manner (defined as 30 days prior to the Planning Commission meeting), the Neighborhood Meeting may be utilized in lieu of the Community Council meeting, with a summary report of the meeting provided to the Community Council electronically. This Neighborhood Meeting must be completed prior to the Planning Commission meeting. C. Subdivision approvals are administrative and all appeals of administrative decisions shall be filed with the Appeal Authority, following the process set forth in MKZ XX.XX. Table 18.14.2, Subdivision Approvals Procedures, summarizes the general procedure for submittal, review and decisions for subdivisions. Legislative Approvals Procedures Application Type Pre-application Meeting Requirement Roles of Staff and Public Bodies Pre- application Consultations Neighborhood Meeting Millcreek Staff Community Council Planning Commission City Council General Plan / Future Land Use Map Adoption or Amendment Required Required Review and Recommendation Recommendation2 Public Hearing and Recommendation Public Meeting and Decision1 Land Use Code Text Amendment Required Optional Review and Recommendation Recommendation 2 Public Hearing and Recommendation Public Meeting and Decision1 Zoning Map Amendment Required Required Review and Recommendation Recommendation2 , 3 Public Hearing and Recommendation Public Meeting and Decision1 Street and or Easement Vacation Optional Review and Recommendation Public Meeting and Decision1 ---PAGE BREAK--- Millcreek Together Code Update I Chapters 18.13-18.16 Application Procedures – Community Council Review Draft 3 Table 18.14.2 Subdivision Approvals Procedures Table D. Development approvals are administrative and all appeals of administrative decisions shall be filed with the Appeal Authority, following the process set forth in MKZ 18.05. Table 18.14.3, Development Approvals Procedures, summarizes the general procedure for submittal, review and decision-making bodies for development applications. Table 18.14.3 Development Approvals Procedures Table 1. Table Note 1. The decision-making body is the Land Use Authority for that application type. Subdivision Approvals Procedures Subdivision approvals are administrative. All applications may be appealed to the Land Use Hearing Officer as set forth in MKZ 18.04, Review Bodies and Authorities The decision-making body indicated in this table is the Land Use Authority for the Subdivision Application Type. Subdivision Type Pre-application Consultations Decision -Making Body Minor Subdivision (3 lots or fewer) Required, except for a Regular Residential Subdivision. Planning Director Major Subdivision- Preliminary Required, except for a Regular Residential Subdivision. Planning Commission Major Subdivision - Final Optional Planning Director Subdivision Amendment Required Planning Director Lot Line or Parcel Line Adjustment Optional Planning Director Development Approvals Procedures Development Application Type Pre-application Meeting Requirement Roles of Staff and Public Bodies Pre- application Consultations Concept Review Consultation Neighborhood Meeting Millcreek Staff Community Council Planning Commission Site Plan Optional Required Optional Review and Decision1 Not Applicable Not Applicable Conditional Use Permit Required Required Optional Review and Recommendation Recommendati on2, 3 Public Meeting and Decision1 Change of Use Permit Optional Optional Optional Review and Decision1 Not Applicable Not Applicable Minor Site Plan Amendment Optional Required Optional Review and Decision1 Not Applicable Not Applicable Temporary Use Permit Optional Optional Optional Review and Decision1 Not Applicable Not Applicable Sign Permit Optional Optional Optional Review and Decision1 Not Applicable Not Applicable ---PAGE BREAK--- Millcreek Together Code Update I Chapters 18.13-18.16 Application Procedures – Community Council Review Draft 4 2. Table Note 2. Community Councils are encouraged to provide written recommendations to the Planning Department. If the relevant Community Council does not provide a recommendation on an application, the application shall proceed through the approval process without a Community Council recommendation. 3. Table Note 3. If the respective Community Council is not scheduled to meet in a timely manner (defined as 30 days prior to the Planning Commission meeting), the Neighborhood Meeting may be utilized in lieu of the Community Council meeting, with a summary report of the meeting provided to the Community Council electronically. This Neighborhood Meeting must be completed prior to the Planning Commission meeting. 18.15 General Development Application Procedures 18.15.010 Applications Procedure Order Table 18.15.1 General Application Procedures Order provides the standard order of procedures. Specific review and approval procedures for each application are detailed in MKZ 18.16, Specific Application Procedures. Table 18.15.1 General Application Procedures General Application Procedures Order Order Procedure First Last Pre-application Consultation Concept Review Neighborhood Meeting Application Submittal Application Completeness Review Application Review Notice of Public Meetings / Hearings Public Meetings / Hearings Decision and Findings Amendments to Approved Applications Lapse of Approval Subsequent Action ---PAGE BREAK--- Millcreek Together Code Update I Chapters 18.13-18.16 Application Procedures – Community Council Review Draft 5 18.15.020 Pre-Application Consultation A. Purpose. The purpose of a pre-application consultation is to provide an opportunity for an informal evaluation of the applicant's proposal and to familiarize the applicant and the Millcreek staff with the applicable provisions of this Code, the General Plan, infrastructure requirements, and any other issues that may affect the applicant's proposal. B. Applicability. A pre-application consultation may be requested by an applicant or the Planning Director prior to submittal of any application. If a pre-application consultation is required, an application shall not be accepted until after the pre- application consultation is completed. C. Procedure. 1. The Planning Director shall schedule a pre-application consultation after either requesting the meeting with the potential applicant or after receipt of a written request for the pre-application consultation, and any required fees are paid. 2. An applicant is entitled to one pre-application consultation free of charge. Additional pre-application consultations may be subject to a payment of a fee as set forth in the consolidated fee schedule. D. Informal evaluation not binding. The informal evaluation of the application is not binding upon the applicant or Millcreek. E. Application required within six months. After a pre-application consultation has been completed, the associated application must be filed within six months. If an application is not filed within such time frame, a new pre-application consultation shall be required prior to filing an application. 18.15.030 Concept Review A. Purpose. A concept review is a more formal process and is intended to provide the applicant with applicable information on development standards and the development process for a proposed project. A concept review will allow the applicant to receive feedback and information from relevant departments and to flag any potential issues the applicant may wish to address prior to application submittal. B. Applicability. A concept review may be requested by an applicant or the Planning Director prior to submittal of any application. If a concept review is required as set forth in Table 18.14.011, Legislative Approvals Procedures, Table 18.14.012, Subdivision Approvals Procedures, Table 18.14.013, Development Approvals Procedures and MKZ 18.16, Specific Development Application Procedures, the concept review must be completed prior to submittal. ---PAGE BREAK--- Millcreek Together Code Update I Chapters 18.13-18.16 Application Procedures – Community Council Review Draft 6 C. Procedure. 1. The Planning Director shall schedule the concept review for the next available concept review meeting after either requesting the meeting with the potential applicant or receipt of a written request for the concept review, submittal of a concept plan, and payment of any applicable fees As set forth in in the consolidated fee schedule. 2. The Planning Director, and any other persons the Planning Director deems appropriate to attend, shall discuss the proposed development at the concept review meeting based upon the information provided by the applicant. 3. The Planning Director shall issue written notes to the applicant regarding the findings of the concept review within seven calendar days of the meeting. D. Multiple Meetings. Applicants may request additional concept review prior to submittal if the concept plan changes in scope, intensity, or layout. Additional concept review meetings at the request of an applicant shall be subject to a payment of a fee as set forth in the consolidated fee schedule. 18.15.040 Neighborhood Meeting A. Purpose. A neighborhood meeting is intended for an applicant to inform residents and property owners of potential projects, to help solicit neighborhood input on land use application, to provide any additional local information, and to give the applicant an opportunity to address any relevant neighborhood concerns prior to submittal of an application. B. Applicability. A neighborhood meeting is required as set forth in Table 18.14.011, Legislative Approvals Procedures, Table 18.14.012, Subdivision Approvals Procedures, and Table 18.14.013, Development Approvals Procedures and MKZ 18.16, Specific Development Application Procedures, C. Procedure. It is the applicant’s responsibility to conduct the neighborhood meeting. The applicant shall organize the meeting and provide adequate proof of notice to include the following: 1. The applicant shall send a written notice stating the place, date, and time of the neighborhood meeting to all property owners, as identified in the Salt Lake County recorder's records, whose property is within the required notice radius for the land use applications as set forth in MKZ 18.15.080, Public Notices. 2. The applicant shall mail notice via First Class Mail at least one week prior to the neighborhood meeting. 3. The neighborhood meeting shall be conducted at a location within Millcreek. 4. Phone calls or informal door to door contacts shall not constitute a neighborhood meeting. ---PAGE BREAK--- Millcreek Together Code Update I Chapters 18.13-18.16 Application Procedures – Community Council Review Draft 7 5. The record of a neighborhood meeting shall be submitted with the application and shall include: a. A list of all individuals who were notified; b. A roster of attendees; and c. A copy of the minutes. 18.15.050 Application Submittal A. Purpose. Application Submittals serve as the initial formal interaction between an applicant and Millcreek regarding an application. B. Applicability. Application Submittal is necessary for any application type. C. Procedure. Application submittals are made electronically through the Millcreek website. D. Submittal Materials. 1. Application. An application shall be made on forms approved by the Planning Department. 2. Required Documents. Each application shall be accompanied by a completed submittal checklist, as approved by the Planning Department, and associated required documents. 3. Fees. Each application shall be accompanied by the corresponding fee as as set forth in the consolidated fee schedule. 18.15.060 Application Completeness Review A. Purpose. The Purpose of a completeness review is to ensure a given application contains the necessary information for staff and the pertinent Land Use Authority to make an informed decision on a given application. B. Applicability. All applications are subject to a completeness review to ensure that all necessary information and materials have been provided for review. C. Timing. The Planning Director shall make a determination of application completeness within fifteen (15) business days of application filing. D. Complete Submittals. If the application is determined to be complete, the Planning Director shall communicate with the applicant, in writing, the timeframe for application review. The application shall then be processed according to the procedures set forth in this Chapter and reviewed for compliance with the applicable regulations of this Code. E. Incomplete Submittals. If an application is determined to be incomplete, the Planning Director shall provide notice to the applicant along with an explanation of the application's deficiencies. No further processing of an incomplete application shall occur and a new submittal is required with the corrected materials. F. Completeness Criteria. An application will only be considered complete if it: ---PAGE BREAK--- Millcreek Together Code Update I Chapters 18.13-18.16 Application Procedures – Community Council Review Draft 8 1. Includes all required forms, all required documents, and any supporting materials. 2. All application documents and supporting materials meet the standards of this Code and are in compliance with the requirements specified on the applicable application checklist. 3. Applicable application fees and deposits as set forth in in the consolidated fee schedule have been paid. G. Additional supplementary materials. Additional supplementary materials may be submitted after a completeness review is complete and the application has been accepted for review. In such events, any additional supplementary materials must be received at least thirty (30) days prior to the first public meeting / hearing to be held on the application. Millcreek may postpone and reschedule a public meeting / hearing or approval deadline if such reports and studies are submitted less than thirty (30) days prior to a public meeting / hearing. 18.15.070 Application Review A. Purpose. The application review is intended to ensure that a given application is in conformance with the requirements of all applicable standards of the Millcreek Code other relevant ordinances and statutes. Application review also provides an opportunity to check for the accuracy of documents provided by the applicant. B. Applicability. All applications deemed complete are subject to full review by Millcreek Staff and other relevant reviewing authorities. C. Procedure. 1. The Planning Director shall review the application and determine if the application meets the standards of the Millcreek Code. If adjustments are needed to meet approval, these will be communicated to the applicant in writing. The applicant will have the opportunity to amend the application and resubmit for subsequent review. 2. As part of the initial review, the Planning Director shall refer the development application to the appropriate review agencies and specify the timeframe for comments to be due back to the Planning Director. 3. Upon an application’s resubmittal for a subsequent review, it shall be reviewed by the agencies who requested revisions. 4. Once the application has been amended to meet the approval of the Planning Director, The Planning Director shall schedule the first public meeting or public hearing , if required, and prepare a staff report. The staff report shall be made available for inspection and copying by the applicant and the public prior to any scheduled public hearing(s) on the application. The staff report ---PAGE BREAK--- Millcreek Together Code Update I Chapters 18.13-18.16 Application Procedures – Community Council Review Draft 9 shall indicate whether, in the opinion of the Planning Director, the development application complies with all applicable standards of this Code. 5. If the Planning Director is the Land Use Authority., an application may be approved upon the finding that all necessary revisions have been made and the application is compliant with the regulations of this Code. 6. No application shall be scheduled for a review and recommendation by a community council, if applicable, or a public meeting or public hearing without a full review for compliance with the Code and applicable regulations. 18.15.080 Public Notice A. Purpose. Public Notices are required to inform the public about relevant proceedings of an application. The public noticing requirements are intended to provide information regarding the application and relevant public meetings or hearings for the application. B. Applicability. The Land Use Authority as set forth in Table 18.14.011, Legislative Approvals Procedures, Table 18.14.012, Subdivision Approvals Procedures, and Table 18.14.013, Development Approvals Procedures and MKZ 18.16, Specific Development Application Procedures, shall schedule and hold any required public hearing or public meeting according to the provisions of this Code and State Statute. This section describes the general noticing procedure for public meetings and hearings in Millcreek. Noticing requirements follow this section unless otherwise noted in MKZ 18.16, Specific Development Application Procedures C. Table 18.15.081, Noticing Summary, summarizes the various types of noticing requirements for each type of application. Specific noticing requirements of each application type are more fully described in MKZ 18.16, Specific Development Application Procedures. Table 18.15.081 Noticing Summary Table Noticing Summary Table The number listed is in the table is the minimum number of calendar days the notice is required to be sent / posted prior to the first public meeting or hearing, with exception of the” Mailed Notice Distance from Subject Property” column which denotes the minimum number of feet around a subject property that mailed notices must be sent to. Application Type Mailed Notice – Calendar days prior to first Public Meeting or Hearing Mailed Notice Distance from Subject Property Notice Sign (on subject property) – Calendar days prior to first public meeting Posting On Millcreek Website & Utah Public Notice Website – Calendar days prior to Public Meeting or Hearing Hard Copy of Notice – Hours prior to Public Meeting or Hearing General Plan1 / Future Land Use Map Adoption or Amendment 7 600 feet 5 10 24 hours ---PAGE BREAK--- Millcreek Together Code Update I Chapters 18.13-18.16 Application Procedures – Community Council Review Draft 10 Noticing Summary Table The number listed is in the table is the minimum number of calendar days the notice is required to be sent / posted prior to the first public meeting or hearing, with exception of the” Mailed Notice Distance from Subject Property” column which denotes the minimum number of feet around a subject property that mailed notices must be sent to. Application Type Mailed Notice – Calendar days prior to first Public Meeting or Hearing Mailed Notice Distance from Subject Property Notice Sign (on subject property) – Calendar days prior to first public meeting Posting On Millcreek Website & Utah Public Notice Website – Calendar days prior to Public Meeting or Hearing Hard Copy of Notice – Hours prior to Public Meeting or Hearing Land Use Code Text Amendment1 7 300 feet 10 24 hours Zoning Map Amendment1 7 600 feet 5 7 24 hours) Public Street or Municipal Utility Easement Vacation1 10 Each parcel accessed by the public street of municipal utility easement. 5 10 24 hours Minor Subdivision (3 lots or less) 7 300 feet 5 7 124 hours (24 hours) Major Subdivision- Preliminary 7 300 feet 5 7 24 hours Subdivision Amendment 7 300 feet 5 7 24 hours Property Line Adjustment 7 300 feet 5 7 24 hours Conditional Use Permit 7 300 feet 5 7 24 hours Expansion of a Noncompliant Structure or a Structure Containing a nonvconforming use 10 300 feet 5 10 24 hours Variance 10 300 feet 5 10 24 hours 1. Table Note 1. These applications require affected entities to be notified. D. Mailed Notices Procedure. Applications requiring mailed notices as set forth in Table 18.15.081, Noticing Summary shall follow the requirements of Utah Code Ann. § 10- ---PAGE BREAK--- Millcreek Together Code Update I Chapters 18.13-18.16 Application Procedures – Community Council Review Draft 11 9a-101 et seq and these procedures unless otherwise noted in in MKZ 18.16, Specific Development Procedures. 1. Mailed notices shall be sent by Millcreek for any application requiring a public meeting or public hearing. The applicant shall be responsible for the mailing expenses as set forth in in the consolidated fee schedule. 2. Mailed notices must contain at a minimum the following information: a. The application name and description; b. The time, date, and place of the first public hearing or public meeting on the subject. c. Notice of any additional public meeting or hearings on the subject. 3. Mailed notices shall be sent to all property owners whose property is located partially or entirely within three hundred feet (300’) of the subject property, unless otherwise set forth in this Title. For projects where a Community Council is requested to make a recommendation, mailed notices must be sent a minimum of seven calendar days prior to the Community Council meeting. Otherwise, mailed notices must be sent a minimum of ten (10) calendar days prior to the first public hearing or seven calendar days prior to a public meeting. 4. If multiple mailed notices are needed, they may be combined into a single mailed notice with all applicable information. E. Notice Sign Procedure. Applications requiring a noticing sign on the subject property as set forth in Table 18.15.081, Noticing Summary shall follow these procedures unless otherwise set forth in MKZ 18.16, Specific Development Procedures. 1. Millcreek shall post notification signage on the subject property in a location clearly visible from the right-of-way. 2. The notice shall be posted a minimum of five calendar days prior to the first public meeting or hearing on the item and shall remain posted on sight till after the final Land Use Authority decision on the matter. If a notice is removed prior to a final decision, the applicant shall notify the Planning Director within one business day, and the city shall replace the notice within one business day thereafter. 3. The notice sign shall state the purpose of the public notice and where interested parties can find out more information on the application and public meeting / hearing schedule. F. Online Noticing Procedure. Applications requiring online noticing as set forth in Table 18.15.081, Noticing Summary shall follow these procedures unless otherwise set forth in MKZ 18.16, Specific Development Procedures. ---PAGE BREAK--- Millcreek Together Code Update I Chapters 18.13-18.16 Application Procedures – Community Council Review Draft 12 1. Millcreek is responsible for posting notice for any application requiring online noticing on Millcreek’s official website no later than twenty four (24) hours prior to the first public meeting or hearing on the item. 2. Millcreek is responsible for posting notice to the Utah Public Notice Website no later than ten (10) calendar days prior to the first public meeting or hearing on the item. G. Hard Copy Notice. A hard copy of any public notice issued by Millcreek shall be posted at Millcreek City Hall at least one twenty four (24) hours prior to a public hearing or a public meeting. 18.15.090 Public Meeting(s) and/or Public Hearing(s) A. Public Meetings. Public Meetings are required to be open to the public as set forth in Utah Code Ann. 52-4-101 et seq.). All land use decisions made by the City Council and Planning Commission shall be rendered during open and public meetings. The Planning Director may also conduct public meetings related to land use applications or other land use issues. No public meeting shall commence until all procedures as set forth in MKZ 18.15.080 Public Notice, are met. The following criteria is applicable to public meetings: 1. At a public meeting to consider an application, the Land Use Authority shall review the data supplied by the applicant, review the findings and recommendations of the Planning Director, and may take testimony from all interested persons in attendance. 2. The applicant or their designated agent whose application is before the Applicable Community Council, Planning Commission or City Council shall be present at the public meeting. 3. The applicant shall offer competent evidence in support of the application sufficient to enable the reviewing body to consider the matter and make findings on the subject. The applicant has the burden of presenting all necessary and relevant information and evidence in support of the application. 4. If a complete application is submitted prior to a Planning Commission meeting held on a month where the applicable Community Council meeting is not scheduled to be held, The City may hold an additional neighborhood meeting in lieu of a Community Council meeting to review the submitted application with the community. B. Public Hearings. At a public hearing, members of the public are provided a reasonable opportunity to comment on the subject of the hearing. No public hearing shall commence, nor shall testimony be taken, until all notice procedures as set forth in MKZ 18.15.080, Public Notice are met. 1. At a hearing to consider an application, the reviewing body shall review the data supplied by the applicant, review the findings and recommendations of ---PAGE BREAK--- Millcreek Together Code Update I Chapters 18.13-18.16 Application Procedures – Community Council Review Draft 13 the Planning Director, and take testimony from all interested persons in attendance. 2. The applicant or their designated agent whose application is before the Applicable Community Council, Planning Commission or City Council shall be present at the hearing. 3. The applicant shall offer competent evidence in support of the application sufficient to enable the reviewing body to consider the matter and make findings on the subject. The applicant has the burden of presenting all necessary and relevant information and evidence in support of the application. C. Continuances. For Administrative Decisions, the Land Use Authority may allow for up to two continuances of a public meeting or public hearing, totaling not more than six months, to hear the matter, so the applicant may make modifications or provide additional information and evidence in support of the application. 1. Public meetings may be continued to a date certain and kept open so that the Land Use Authority can receive additional information until a final decision is made. Notice of a continuation to a date certain shall be posted on the subject property, but no further publication or mailed notice for a continued public meeting is required. 2. If an application is not continued to a date certain, the application requires re- noticing following the procedure as set forth in MKZ 18.15.080, Public Notice. 18.15.100 Decision and Findings A. Decision. After consideration of the development application, the staff report, comments received from other reviewers (if applicable), and the evidence from the public meeting or hearing (as applicable), the Land Use Authority shall approve, approve with conditions, or deny the application based on the applicable approval criteria. B. Approval criteria. To approve an application, the applicable Land Use Authority shall find that the development application has satisfied and followed the applicable requirements of this Code and all of the approval criteria required for the applicable application. C. Denial. An application may be denied if the request does not meet the requirements of this Code or other relevant ordinances or statutes. D. Findings. For all Administrative Decisions or as required by state law, decisions shall include at the least the following elements: 1. A written statement of approval, approval with conditions, or denial, whichever is appropriate; and ---PAGE BREAK--- Millcreek Together Code Update I Chapters 18.13-18.16 Application Procedures – Community Council Review Draft 14 2. A written statement of the basis upon which the decision was made, including specific written findings of fact with reference to the relevant standards of this Code. E. Final Action. 1. Applicants shall be given a written decision from the Land Use Authority, and it shall be provided by the Planning Director to the applicant within seven days after the decision. F. Failure to Act on Legislative Decisions. If the Land Use Authority fails to take final action on an application within forty five (45) days of receipt of the written request, this failure may be appealed to district court within thirty (30) days of the date on which the Land Use Authority should have taken final action. Nothing in this section and no inaction of the Land Use Authority relieves an applicant’s duty to comply with all applicable ordinances and regulations of Millcreek. G. Failure to Act on Administrative Decisions. If the Land Use Authority fails to take final action on an application within forty five (45) days of receipt of the written request, this failure may be appealed to the Land Use Appeal Authority (LUAA) within thirty (30) days of the date on which the Land Use Authority should have taken final action. Nothing in this section and no inaction of the Land Use Authority relieves an applicant’s duty to comply with all applicable Millcreek ordinances and regulations. 18.15.110 Post Approval Modifications A. Purpose. If, after an application has been approved, it becomes necessary to modify the approved plan, minor modifications may be approved by the Planning Department. In no case shall the request for modification exceed what is allowed by zone, to include the result of cumulative requests. Post-Approval Modifications for Development Agreements shall follow the process as set forth in MKZ 18.16.040. B. Minor modifications include: 1. Five percent or less of an increase or decrease in nonresidential floor space. 2. Five percent of an increase or decrease in the amount of land area covered by structures provided the total lot coverage complies with the maximum lot coverage requirements of the governing zoning district; 3. Minor changes in the location of streets and utilities for reasons not caused by the applicant. C. Approval Criteria: 1. The minor modification does not result in an increase in the approved number of dwelling units; ---PAGE BREAK--- Millcreek Together Code Update I Chapters 18.13-18.16 Application Procedures – Community Council Review Draft 15 2. The minor modification does not result in a change in the housing unit type; 3. The minor modification does not result in a change in the character of the development; and 4. The minor modification includes additional mitigating measures to reasonably mitigate anticipated detrimental effects of the proposed use. D. Minor Modifications for Site Plan. If after an application has been approved, and needed modifications exceed those permitted in a minor modification, a minor site plan amendment application shall be submitted per the requirements of this chapter. Should changes not be permissible under the criteria for Minor Site Plan Amendments, a new site plan shall be required. 18.15.120 Lapse of Approval A. If applicable, the lapse of approval time frames as set forth in MKZ 18.16, Specific Application Procedures, may be extended only when all of the following conditions exist: 1. The provisions of this Code must expressly allow the extension; 2. An extension request must be filed prior to the applicable lapse-of-approval deadline; 3. The extension request must be in writing and must show good cause; and 4. Unless otherwise noted, authority to grant extensions of time shall rest with the Land Use Authority that granted the original approval being extended. B. The Planning Director may grant no more than one extension for a period of up to one year for good cause. 1. “Good cause" for purposes of this section shall mean justifiable and reasonable reasons why an application did not commence in a timely manner. 2. Examples of good cause include delays in preparation of construction documents due to new information not available at time of approval, changes in site conditions, lack of materials, financing issues, labor supply problems or similar causes not solely the result of the applicant's failure to pursue the development with due diligence. 18.15.130 Subsequent Applications for Legislative Approvals A. Following denial of an application for a legislative approval, the City Council shall not decide on the same or substantially the same application within one year of the date of denial. The waiting period required by this Section may be waived in an individual case, for good cause shown, by the City Council upon a written request by the applicant. ---PAGE BREAK--- Millcreek Together Code Update I Chapters 18.13-18.16 Application Procedures – Community Council Review Draft 16 18.16 Specific Development Application Procedures 18.16.010 General Plan and Future Land Use Map Adoption or Amendment A. Purpose. The purpose of this Section is to provide standards and requirements to amend the text and/or maps of the General Plan. The amendment process is established to provide flexibility in response to changing circumstances, to reflect changes in public policy, and to advance the general welfare of Millcreek. B. Applicability. The City or any person may file an application requesting an amendment to the General Plan or Future Land Use Map. Such applications shall include the reasons or basis upon which the applicant believes the general plan should be amended. Amendments to the General Plan and Future Land Use Map shall comply with the procedures set forth in Utah Code Ann. § 10-9a-101 et seq. C. Procedure. The following application steps, as set forth in MKZ 18.15, General Application Procedures are required. 1. Pre-application Consultation 2. Neighborhood Meeting 3. Application Submittal. An associated Development agreement may be required as determined by the Planning Director. Such development agreement must be considered concurrently. 4. Application Completeness Review 5. Application Review. Upon completion of the review, the Planning Director shall make a recommendation. 6. Public Notice 7. Public Meeting(s) and/or Hearing(s) a. The application shall be presented to the relevant Community Council(s) for a recommendation; and b. Planning Commission shall hold a public hearing and make a recommendation; and c. City Council shall hold a public meeting and shall be the Land Use Authority for such applications. 8. Decision. D. Submittal. Any person seeking an amendment to the General Plan or Future Land Use Map shall submit the following documentation to the Planning Department including the following: 1. An application on a form approved by the Planning Department; 2. A General Plan or Future Land Use Map Adoption or Amendment Submittal Checklist with complete materials as specified on the checklist. ---PAGE BREAK--- Millcreek Together Code Update I Chapters 18.13-18.16 Application Procedures – Community Council Review Draft 17 3. An application fee paid in full for the amount specified as set forth in the Consolidated Fee Schedule. 4. Any other relevant supporting documentation, maps, studies and any other information that would inform Staff, the Planning Commission, and allow City Council to make a decision. 18.16.020 Land Use Code Text Amendment A. Purpose. The text of this Land Use Code may be amended pursuant this Section to respond to change in conditions or public policy, or to advance the general health, safety, and welfare of Millcreek. B. Applicability. The City or any person may file an application requesting an amendment to the text of this Land Use Code. C. Procedure. The following application steps as set forth in MKZ 18.15, General Application Procedures are required. 1. Pre-application Consultation 2. Application Submittal 3. Application Completeness Review 4. Application Review. Upon completion of the review, the Planning Director shall make a recommendation. 5. Public Notice 6. Public Meeting(s) and/or Hearing(s) a. The application shall be presented to the relevant Community Council(s) for a recommendation Planning Commission shall hold a public hearing and make a recommendation; and b. City Council shall hold a public meeting and shall be the Land Use Authority for such applications. 7. Decision D. Submittal. Any person seeking a land use code text amendment shall submit the following documentation to the Planning Department including the following: 1. An application on a form approved by the Planning Department; 2. A Land Use Code Text Amendment Submittal Checklist with complete materials as specified on the checklist. An application fee paid in full for the amount specified as set forth in the consolidated fee schedule. 3. Any other relevant supporting documentation, maps, studies and any other information that would inform Staff, the Planning Commission, and allow City Council to make a decision. ---PAGE BREAK--- Millcreek Together Code Update I Chapters 18.13-18.16 Application Procedures – Community Council Review Draft 18 18.16.030 Zoning Map Amendment A. Purpose. The boundaries of any zone district may be changed, or the zone classification of any property may be changed, pursuant to this Section. From time to time there may be a need to make adjustments to the Official Zoning Map in light of changed conditions or changes in public policy, or that are necessary to advance the general welfare of Millcreek. B. Applicability. The City or any person may file an application requesting an amendment to the Official Zoning Map. C. Procedure. The following application steps as set forth in MKZ 18.15, General Application Procedures are required. 1. Pre-application Consultation 2. Concept Review Consultation 3. Neighborhood Meeting 4. Application Submittal. An associated Development Agreement may be required as determined by the Planning Director. Such a development agreement may be reviewed and considered concurrently with the rezoning application. 5. Application Completeness Review 6. Application Review. Upon completion of the review, the Planning Director shall make a recommendation. 7. Public Notice 8. Public Meeting(s) and/or Hearing(s) a. The application shall be presented to the relevant Community Council(s) for a recommendation; and b. Planning Commission shall hold a public hearing and make a recommendation; and c. City Council shall hold a public meeting and shall be the Land Use Authority for such applications. 9. Decision D. Submittal. Any person seeking an amendment to the zoning map shall submit the following documentation to the Planning Department including the following: 1. An application on a form approved by the Planning Department; 2. A Zoning Map Amendment Submittal Checklist with complete materials as specified on the checklist. a. How the proposed amendment meets the needs and policy of Millcreek as expressed by the legislative body in written goals and objectives. ---PAGE BREAK--- Millcreek Together Code Update I Chapters 18.13-18.16 Application Procedures – Community Council Review Draft 19 3. An application fee paid in full for the amount specified as set forth in the consolidated fee schedule. 4. Any other relevant supporting documentation, maps, studies and any other information that would inform Staff, the Planning Commission, and allow City Council to make a decision. 18.16.040 Development Agreement A. Purpose. Development agreements are intended to stipulate specific unique details of a development proposal in order to establish a clear understanding of timing, responsibility, and other relevant details regarding a proposal and its supporting infrastructure. B. Applicability. A development agreement is a voluntary process on the part of Millcreek and the Applicant. A development agreement must be submitted in tandem with an application for a General Plan or Future Land Use Map Adoption or Amendment, an Ordinance Text Amendment, or a Zoning Map Amendment. C. Procedure. A development agreement shall only be considered as part of a General Plan or Future Land Use Map Amendment, an Ordinance or Text Amendment, or a Zoning Map Amendment. Approval of a development agreement shall follow the process for the relevant application type. D. Minimum Standards. The Development Agreement shall include, at a minimum, the following: 1. Site plans and building elevations. 2. A detailed narrative of materials, design, uses, public and private amenities, landscaping, or any other detail that is relevant to the development agreement. 3. A list of all agreed-upon public improvements, an estimate of the cost of such improvements, the proposed form of construction security for the improvements, and any other provisions or conditions deemed necessary by Millcreek to ensure that all public improvements will be completed in a timely, cost-effective manner that meets the Millcreek’s standards. 4. A clause that states that the developer would not object to a decision by the City to initiate a Zoning Map Amendment for the property and withdraw from the Development Agreement if a building permit is not applied for within two years of execution of the Development Agreement, or if the Development Agreement is not recorded within two years of execution of the Agreement. E. Submittal. Any person seeking a development agreement shall submit the following documentation to the Planning Department including the following: 1. An application on a form approved by the Planning Department; ---PAGE BREAK--- Millcreek Together Code Update I Chapters 18.13-18.16 Application Procedures – Community Council Review Draft 20 2. A Development Agreement Submittal Checklist with complete materials as specified on the checklist. 3. An application fee paid in full as set forth in the consolidated fee schedule. 4. Any other relevant supporting documentation, maps, studies and any other information that would inform recommending bodies and the Land Use Authority to make a decision. 18.16.050 Public Street or Municipal Utility Easement Vacation A. Purpose. Dedicated public streets and municipal utility easements may be vacated, in whole or in part, in the event Millcreek determines that all or a portion of the public street or municipal utility easement is unnecessary or infeasible for future public access or use. B. Applicability. A public street or municipal utility easement may be vacated by filing an application for a minor subdivision, a major subdivision, or a subdivision amendment, or the City Council may approve a petition to vacate a public street or municipal utility easement by ordinance. C. Procedure. A vacation of a public street or municipal utility easement may be accomplished through the filing of an application for a Minor Subdivision, a Major Subdivision, or a Subdivision Amendment, and shall follow the process for each application type, and the following additional steps: . 1. After the Land Use Authority grants Preliminary Subdivision approval and before a Final Subdivision approval is issued, the City Council shall hold a public hearing to consider the vacation of a public street or municipal utility easement. 2. Public Notice shall follow the process as set forth in MKZ 18.15.080. 3. A public hearing shall follow the process as set forth in MKZ 18,15.090. D. In lieu of a Minor Subdivision, Major Subdivision, or Subdivision Amendment, a petition to vacate a public street or municipal utility easement may be filed following the procedure as set forth in Utah Code Ann. §10-9a-609.5. E. Approval Criteria. Public streets or municipal utility easements shall not be vacated if the following criteria is met: 1. The vacation does not deprive abutting properties of adequate, legal access to existing or proposed public utilities or drainage installations. 2. The vacation is consistent with the General Plan and other adopted policies and plans, including any adopted transportation plan or streets/roadway plan; 3. The land to be vacated is no longer necessary for the public use and convenience; 4. The right-of-way no longer needed for public transportation purposes; ---PAGE BREAK--- Millcreek Together Code Update I Chapters 18.13-18.16 Application Procedures – Community Council Review Draft 21 5. The vacation will not adversely impact use of the right-of-way for public utility and/or drainage purposes; 6. Access to lots or properties surrounding the plat will not be adversely affected, and the vacation will not leave any land-locked properties or deprive abutting properties of adequate, legal access; 7. The vacation will not adversely impact the health, safety and/or welfare of the general community, or reduce the quality of public facilities or services provided to any property, including but not limited to police/fire protection, access, and utility service; and 8. The vacation is consistent with the purpose of this Code and state law. F. Submittal. Any person seeking to vacate a public street or municipal utility easement shall submit the following documentation to the Planning Department: 1. An application on a form approved by the Planning Department; 2. A Public Street or Municipal Utility Easement Vacation Submittal Checklist with complete materials as specified on the checklist 3. An application fee paid in full for the amount provided in the consolidated fee schedule. 4. Any other relevant supporting documentation, maps, studies and any other information that would inform Staff, the Planning Commission, and allow City Council to make a decision. G. Final Approval and Recording. Approval of a plat or ordinance vacating a public street or municipal utility easement be deemed as certification of the vacation. With this certification, the Planning Department shall forward a signed copy of the signed plat or ordinance to the Salt Lake County Recorder for recording. Failure of the applicant to submit any revised information or legal description which enables the ordinance to be processed as approved within three months following approval shall render the vacation void. 18.16.060 Minor Subdivision A. Purpose. The Minor Subdivision is intended to provide for a streamlined review for small scale projects with limited impact. A Minor Subdivision shall be required prior to issuance of a grading, if applicable, or building permit, or other minor development activities. B. Applicability. The minor subdivision process is applicable for a property creating or modifying three lots or fewer. Plats involving four or more lots are not eligible for the Minor Subdivision process. C. Procedure. The following application steps as set forth in MKZ 18.15, General Application Procedures, are required, unless noted otherwise. ---PAGE BREAK--- Millcreek Together Code Update I Chapters 18.13-18.16 Application Procedures – Community Council Review Draft 22 1. Pre-application Consultation. This is optional at the applicant’s request for regular residential subdivisions and required for all other subdivisions. If the applicant requests a pre-application consultation, then Millcreek shall, within fifteen (15) business days, schedule the pre-application consultation to review the concept plan and give initial feedback. 2. Concept Review Consultation. This is optional at the applicant’s request for Regular Residential Subdivisions and required for all other subdivisions.. 3. Application Submittal. 4. Application Completeness Review. In the case of minor regular residential subdivisions, after the application is deemed complete, Millcreek has fifteen (15) business days to provide the initial review back to the applicant. 5. Application Review 6. Public Notice Public Meeting(s) and/or Hearing(s). The Planning Director shall hold a public meeting and shall be the Land Use Authority for such applications. 7. Decision and Findings D. Approval Criteria. The Planning Director shall approve the request if: 1. The minor subdivision creates no more than three lots in total. 2. The minor subdivision does not create remnant or otherwise unusable lots or parcels. 3. The minor subdivision is consistent with and complies with the requirements specific zoning district in which it is located; 4. The lots created with the proposed minor subdivision have a buildable area that would not require a future variance in order to construct the use the lot is intended for; 5. As applicable, the minor subdivision is consistent with the terms and conditions of any previously approved plat; and 6. The minor subdivision will not limit Millcreek’s ability to effectively provide facilities or services. 7. No new lot nor any lot affected by the subdivision will have a noncomplying structure or a structure occupied by a nonconforming use. E. Submittal. Any person seeking a minor plat shall submit the following documentation to the Planning Department: 1. An application on a form approved by the Planning Department; 2. A Subdivision Requirements Checklist with complete materials as specified on the checklist. An application fee paid in full as set forth in the consolidated fee schedule. ---PAGE BREAK--- Millcreek Together Code Update I Chapters 18.13-18.16 Application Procedures – Community Council Review Draft 23 3. Additional, relevant, supporting documentation, maps, studies and any other information that would inform Staff and allow the Land Use Authority to make an informed decision. F. Development Improvement Completion Assurance. Before an applicant conducts any development activity on a minor subdivision or records a plat, the applicant shall complete any required landscaping improvement or infrastructure improvements or post an improvement competition assurance for any required public landscaping or infrastructure improvements as set forth in MKC 14. G. Expiration. Failure to submit the approved minor subdivision for recording within six months after the date of the approval letter shall void the approval and the subdivider shall be required to submit a new minor subdivision application for review. Prior to expiration of the six month period, the Planning Director may grant no more than one extension as set forth in MKZ 18.15.120, Lapse of Approval. 18.16.070 Major Subdivision A. Purpose. The purpose of the Major Subdivision is to ensure that the development is in conformance with zoning regulations, and all applicable Millcreek standards. B. Applicability. The major subdivision procedure is required for a proposed division of land when any one or more of the following conditions exist: 1. The resultant subdivision will produce four or more lots; or 2. The subdivision is not otherwise eligible for approval as a Minor Subdivision. C. Procedure Overview. Major Subdivisions require two steps. 1. Preliminary Subdivision, which requires approval by the Planning Commission; and 2. Final Subdivision, which requires approval by the Planning Director. D. Preliminary Subdivision Procedure. The following application steps as set forth in MKZ 18.15, General Application Procedures, are required. 1. Pre-application Consultation. This is optional at the applicant’s request for regular residential subdivisions and required for all other Major Subdivisions. If the applicant requests a pre-application consultation, then Millcreek shall, within fifteen (15) business days, schedule the pre-application consultation to review the concept plan and give initial feedback. 2. Concept Review Consultation. This is optional at the applicant’s request for Regular Residential Subdivisions and required for all other Major Subdivisions. 3. Neighborhood Meeting. This is optional at the applicant’s request for Regular Residential Subdivisions and is required for all other Major Subdivisions. 4. Application Submittal 5. Application Completeness Review. After the application is deemed complete, Millcreek will provide an initial review to the applicant. ---PAGE BREAK--- Millcreek Together Code Update I Chapters 18.13-18.16 Application Procedures – Community Council Review Draft 24 6. Application Review. Upon completion of the review, the Planning Director shall make a recommendation. 7. Public Notice 8. Public Meeting(s). The Planning Commission shall hold a public meeting and shall be the Land Use Authority for such applications. 9. Decision and Findings E. Preliminary Subdivision Approval Criteria. The Planning Commission shall approve a Preliminary Subdivision if: 1. The Preliminary Subdivision is consistent with and complies with the requirements specific zoning district in which the Preliminary Subdivision is located and the applicable requirements of this Code and other applicable Millcreek and State requirements; 2. As applicable, the Preliminary Subdivision is consistent with the terms and conditions of any previously approved development plan or development agreements; 3. Provides a layout of lots, streets, blocks, driveways, utilities, drainage, and other public facilities as required by all applicable standards of this Code and applicable regulations and standards; 4. The project preserves, protects, integrates, or mitigates impacts to any identified sensitive or hazardous natural features associated with the site. 5. The Preliminary Subdivision will not limit Millcreek’s ability to effectively provide facilities or services. 6. The Planning Commission may not approve a Preliminary Subdivision that will have a noncomplying structure or a structure occupied by a nonconforming use. F. Preliminary Subdivision Submittal. Any person seeking a Preliminary Subdivision shall submit the following documentation to the Planning Department including the following: 1. An application on a form approved by the Planning Department. 2. A Subdivision Requirements Checklist with complete materials as specified on the checklist. 3. An application fee paid in full as set forth in the consolidated fee schedule. 4. Any other relevant supporting documentation, maps, studies and any other information that would inform Staff and allow the Land Use Authority to make an informed decision. G. Preliminary Subdivision Post Approval Action. Following an approval or approval with conditions of a Preliminary Subdivision, the Planning Director shall issue a timely written record of decision, including any required conditions of approval, along with a ---PAGE BREAK--- Millcreek Together Code Update I Chapters 18.13-18.16 Application Procedures – Community Council Review Draft 25 copy of the approved preliminary plat, as set forth in MKZ 18.15.100, Decision and Findings H. Preliminary Subdivision Expiration. Approval of a Preliminary Subdivision shall be effective for six months following the date of the approval letter. An approved Preliminary Subdivision shall expire and be of no further force and effect if a complete Final Subdivision application for the subdivision or a phase of the subdivision has not been submitted within six months after the date of the approval letter. In the case of phased Final Subdivision submission, the approval of the remaining portion of the Preliminary Subdivision shall automatically gain an extension of six months, up to a maximum number of years specified by the Planning Commission at the time of approval of the initial phase. Prior to expiration of the six month period, the Planning Director may grant one extension as set forth in MKZ 18.15.120, Lapse of Approval. I. Final Subdivision Procedure. The following application steps as set forth in MKZ 18.15, General Application Procedures, are required. 1. Application Submittal 2. Application Completeness Review. 3. Application Review. Application reviews shall be completed within twenty (20) business days for regular residential subdivisions) J. Final Subdivision Approval Criteria. Upon receipt of all final application requirements, K. Development Improvement Completion Assurance. Before an applicant conducts any development activity on a major subdivision or records a plat, the applicant shall complete any required landscaping improvement or infrastructure improvements or post an improvement competition assurance for any required public landscaping or infrastructure improvements as set forth in MKC 14. L. Approval. the Planning Director shall approve, conditionally approve, or deny the Final Subdivision and approve the plat and engineering plans based on the approval criteria in this section. The Planning Director shall confirm that: 1. The Final Subdivision is in conformance with the previously approved Preliminary Subdivision and any conditions imposed by the Planning Commission; and 2. The Final Subdivision will comply with the applicable requirements of this Code and other applicable Millcreek and State requirements. 3. Final Subdivision Submittal. Any person seeking a final subdivision shall submit the following documentation to the Planning Department including the requested information as specified in the Millcreek Subdivision Review Packet. M. Expiration. Failure to submit the approved Major Subdivision for recording within six months after the date of the approval letter shall void the approval and the ---PAGE BREAK--- Millcreek Together Code Update I Chapters 18.13-18.16 Application Procedures – Community Council Review Draft 26 subdivider shall be required to submit a new Major Subdivision application for review. Prior to expiration of the six month period, the Planning Director may grant one extension as set forth in MKZ 18.15.120, Lapse of Approval. N. Condominium Subdivisions, Condominium Conversions, and Condominium Vacations. Condominium Subdivisions, Condominium Conversions, and Condominium Vacations shall be reviewed pursuant to the requirements as set forth in Utah Code Ann. 57-8- 101 et seq. and shall follow the major subdivision procedure with additional documentation as set forth in Utah Code Ann. 57-8-101 et seq., as amended. O. Condominium Conversions: Existing multifamily developments may be converted into condominiums, subject to the following standards: 1. Any condominium conversion shall have a minimum of eight legal units or lots. One or more single-family detached dwellings shall not be platted as a condominium development. 2. In order to be considered for a condominium conversion, an existing multifamily development must have been legally established at least five years prior to filing an application for a condominium conversion. 3. Submittal. Where conversion of an existing building is proposed as part of the condominium project, the applicant shall submit a property report, prepared by a licensed architect or engineer, including the following information, together with the plan for proposed improvements, renovations, and repairs: a. A site plan indicating the layout of existing landscaping, parking, and amenities. b. The age of the building or buildings. c. The general condition, useful life and capacity of the building’s structural elements, including the roof, foundations, mechanical system, electrical system, plumbing system, boiler, and other structural elements. d. All known conditions constituting deficiencies requiring repair to meet existing building codes. e. All known conditions which may require repair or replacement within the next succeeding five year period. f. The property report shall certify that the structure or structures conform to the international building code minimum standards, or the owner shall present plans to bring the structure or structures into conformity with said standards prior to issuance of certificates of occupancy. ---PAGE BREAK--- Millcreek Together Code Update I Chapters 18.13-18.16 Application Procedures – Community Council Review Draft 27 g. Where it is determined that physical conditions in an existing building do not allow the strict application of the international building code standard, the Land Use Appeal Authority shall review all requests to vary from these standards and may grant variances or approve alternates where it is determined the intent of the requirement will be met. In any event, there shall be disclosure to buyers of any conditions that do not meet code or standards set by Millcreek. h. A Condominium Conversions Checklist with complete materials as specified on the checklist. i. Building Inspection Staff Review: Upon receipt of the application for approval of a condominium project, the building inspection department shall review the proposed building plans for new construction and/or in the case of a conversion project, the property report and plan of improvement, renovations, and repairs to determine conformance with applicable building codes. In the case of a conversion, the department shall require inspections of the property and may require supplementation, revision, and resubmission of the property report where necessary. In the preliminary review report to the planning commission, the building inspection department shall note corrections, repairs and replacements which must be made to bring the structures into code compliance, together with a list of renovation improvements proposed by the owner/developer which are not required by code. The chief building official shall also list any requirements of the international building code that needs board of appeal consideration due to unique circumstances associated with the structure. The building official may then recommend denial until such time as existing violations of code are corrected or may recommend preliminary approval of the project and building report subject to correction of the violations prior to final approval. j. Fire Marshal Review: The fire marshal shall inspect each structure proposed for conversion and shall submit a report thereon to the planning staff outlining the conditions of the structures as they relate to fire safety. The marshal shall stipulate those conditions requiring improvement, prior to occupancy, in the report. k. Code Compliance Review. The City Code Compliance inspector shall inspect each structure proposed for conversion and shall submit a report thereon to the planning staff outlining the conditions of the structure as they relate to municipal code compliance. Millcreek shall stipulate those conditions requiring improvement, prior to being issued final plat approval, in the report. ---PAGE BREAK--- Millcreek Together Code Update I Chapters 18.13-18.16 Application Procedures – Community Council Review Draft 28 4. Tenant Notification. As part of the application for approval of a condominium project, when said project involves the conversion of an existing structure the applicant shall provide written notice of intended conversion to the existing tenants as of the date of the application. Service of the written notice shall be in accordance with a service of a summons as set forth in the Utah Rules of Civil Procedure. The applicants shall provide proof of service stating the date, place, and manner of service, including a copy of the notice. 18.16.080 Subdivision Amendment for Minor Plat Adjustments A. Purpose. The purpose of a subdivision amendment is to make minor changes to lots that are of a small, technical nature, but largely do not affect otherwise approved or existing plats. The Planning Director may allow such modifications according to the criteria within this Section. B. Applicability. A subdivision amendment may only be considered on approved subdivisions. C. Procedure. The following application steps as set forth in MKZ 18.15, General Application Procedures, are required. 1. Application Submittal 2. Application Completeness Review Application Review. The Planning Director shall be the Land Use Authority for such applications. 3. Decision and Findings D. Approval Criteria. To be considered a Subdivision Amendment and not a new Minor or Major subdivision, the Subdivision Amendment must meet all the following criteria: 1. The amended plat is in substantial conformance with the original approved subdivision; 2. The amended subdivision does not increase the number of lots or parcels or create new lots or parcels; 3. The amended subdivision does not eliminate or move a recorded easement without the prior approval of the easement holder; 4. The amended subdivision will not create any nonconformities or increase the degree of nonconformity of any existing structure or use; 5. The amended plat is compliant with all other applicable requirements of this Code and all other applicable regulations and standards. E. Submittal. Any person seeking a Subdivision Amendment shall submit the following documentation to the Planning Department. 1. An application on a form approved by the Planning Department. ---PAGE BREAK--- Millcreek Together Code Update I Chapters 18.13-18.16 Application Procedures – Community Council Review Draft 29 2. A Subdivision Requirements Checklist with complete materials as specified on the checklist. An application fee paid in full as set forth in the consolidated fee schedule. F. Expiration. Approval of the amended final subdivision or amended minor subdivision by the Planning Director shall be deemed as its certification. Failure to submit the approved Subdivision Amendment for recording within six months after the date of the approval letter shall void the approval and the subdivider shall be required to submit a new Minor or Major Subdivision application for review. Prior to expiration of the sic months period, the Planning Director may grant one extension as set forth in MKZ 18.05.120, Lapse of Approval 18.16.090 Lot Line Adjustment A. Purpose. A lot line adjustment is to make minor changes to lots that are of a small, technical nature, but largely do not otherwise affect existing plats. B. Applicability. A lot line adjustment may only be made to an approved subdivision and must meet the criteria listed in this section. Only adjacent lots may be involved in a single action whether or not the lots are locate in the same subdivision. Neither lot involved may have received a prior lot line adjustment. The fifteen percent (15%) limitation in Subsection D is an aggregate of all previous lot line adjustments. C. Procedure. The following application steps as set forth in MKZ 18.15, General Application Procedures, are required. 1. Application Submittal 2. Application Completeness Review 3. Application Review 4. Public Notice 5. Public Meeting(s) 6. Approval, improvement assurances if needed, and recordation D. Approval Criteria. To be considered a lot line adjustment and not a subdivision amendment, the proposed lot line adjustment must meet all of the following criteria: 1. The lot line adjustment does not increase or decrease the area of an existing lot by more than fifteen percent 2. The lot line adjustment does not increase or decrease the number of lots or create new lots or parcels. 3. The lot line adjustment does not affect a recorded easement without the prior approval of the easement holder. 4. Existing platted easements adjacent to the parcel or lot line being adjusted remain in their original locations and no new easements are dedicated. ---PAGE BREAK--- Millcreek Together Code Update I Chapters 18.13-18.16 Application Procedures – Community Council Review Draft 30 5. Rights-of-way, ingress or egress easements, or any required common areas are not affected or changed. 6. The parcel or lot line adjustment will not create any nonconformities or increase the degree of nonconformity of any existing structure or use. 7. The parcel or lot line adjustment does not result in a lack of conformance with any other applicable requirements of this Code and all other applicable regulations and standards. E. Submittal. Any person seeking a lot line adjustment shall submit the following documentation to the Planning Department including the following: 1. An application on a form approved by by the Planning Department. 2. A Lot Line Adjustment Checklist with complete materials as specified on the checklist. An application fee paid in full as provided in the consolidated fee schedule. 18.16.100 Parcel Line Adjustment A. Purpose. A parcel line adjustment is to make minor changes to parcels that are of a small, technical nature, but largely do not otherwise affect existing lots or parcels. B. Applicability. A parcel line adjustment may only be made to a property that is not a lot and must meet the criteria listed in this section. C. Procedure. The following application steps as set forth in MKZ 18.15, General Application Procedures, are required. 1. Application Submittal 2. Application Completeness Review 3. Application Review 4. Approval, improvement assurances if needed, and recordation. D. Approval Criteria. To be considered a parcel line adjustment and not a minor subdivision, the proposed lot line adjustment must meet all of the following criteria: 1. The parcel adjustment does not increase or decrease the area of an existing parcel by more than fifteen percent 2. The parcel line adjustment does not increase or decrease the number of parcels or create new parcels. 3. The parcel line adjustment does not affect a recorded easement without the prior approval of the easement holder. 4. Existing easements adjacent to the parcel or lot line being adjusted remain in their original locations and no new easements are dedicated. 5. Rights-of-way, ingress or egress easements, or any required common areas are not affected or changed. ---PAGE BREAK--- Millcreek Together Code Update I Chapters 18.13-18.16 Application Procedures – Community Council Review Draft 31 6. The parcel line adjustment will not create any nonconformities or increase the degree of nonconformity of any existing structure or use. 7. The parcel line adjustment does not result in a lack of conformance with any other applicable requirements of this Code and all other applicable regulations and standards. E. Submittal. Any person seeking a parcel line adjustment shall submit the following documentation to the Planning Department including the following: 1. An application on a form approved by by the Planning Department. 2. A Parcel Line Adjustment Checklist with complete materials as specified on the checklist. An application fee paid in full as provided in the consolidated fee schedule. 18.16.110 Vacating a Subdivision Plat The vacation of a subdivision plat shall comply with the requirements as set forth in Utah Code Ann. §10-9a-609, and shall follow the process as outlined below: A. Vacation of subdivisions with three or fewer lots shall follow the Minor Subdivision process. B. Vacation of subdivisions with more than three lots shall follow the Major Subdivision process. C. The City Council may vacate a subdivision or a portion of a subdivision by adopting and recording an ordinance pursuant to Utah Code Ann. §10-9a-609. 18.16.120 Site Plan Approval A. Purpose. Site Plan Approvals are intended to ensure that development or redevelopment in Millcreek is developed in accordance with this Code. B. Applicability. Applicability. Any person, whether acting as owner, occupant or contractor, must obtain a site plan approval for permitted uses from the Planning Director for the any of the following: 1. Construction, reconstruction or alteration of a building or structure; 2. Changes or alterations to an existing site plan that do not otherwise qualify for a Minor Site Plan Amendment. C. Procedure. The following application steps as set forth in MKZ 18.15, General Application Procedures, are required. 1. Concept Review Consultation 2. Application Submittal 3. Application Completeness Review 4. Application Review ---PAGE BREAK--- Millcreek Together Code Update I Chapters 18.13-18.16 Application Procedures – Community Council Review Draft 32 a. The Planning Director shall be the Land Use Authority for such applications. 5. Decision and Findings D. Approval Criteria. The Planning Director shall approve a site plan if it is in compliance with all applicable provisions of this Code and other applicable Millcreek policy. E. Submittal. Any person seeking a Site Plan approval for a permitted use shall submit the following documentation to the Planning Department: 1. An application on a form approved by the Planning Department; 2. A Site Plan Submittal Checklist with complete materials as specified on the checklist. An application fee paid in full as set forth in the consolidated fee schedule. 3. Any other relevant supporting documentation, maps, studies and any other information that would inform Staff and allow the Land Use Authority to make an informed decision. F. Expiration. An approved site plan is approved pursuant to this section shall expire within one year from the date of final approval if action is not taken within that time. An extension may be granted by the Planning Director of one, six-month period for good cause. For purposes of this subsection, "action" means obtaining a building permit, pursuant to the granting of the conditional use, or if a building permit is not required, obtaining a business license associated with the site plan request, or the right which is granted pursuant to the site plan is put to use pursuant to the site plan approval. G. Discontinuance and Termination of Right. If a site plan that is approved pursuant to this section is abandoned or discontinued for a period of six continuous months the site plan shall be considered expired. Prior to expiration of the site plan due to discontinuation, the Planning Director may approve one, six month extension of the site plan if no changes to the site design are required. Upon expiration, the property affected shall be subject to all provisions and regulations of this Code, applicable to the zoning district which such property is classified. H. Transferability. Site plans shall run with the land. 18.16.130 Conditional Use Permit A. Purpose. Conditional Use Permits are intended for a land use that, because of the unique characteristics or reasonably anticipated detrimental effects of the land use on Millcreek, surrounding neighbors, or adjacent land uses, require additional consideration subject to objective standards. The additional consideration allows for the Planning Commission to impose reasonable conditions to mitigate reasonably anticipated detrimental effects. The intent of the conditional use is to take identify reasonably anticipated detrimental effects and impose reasonable conditions on a ---PAGE BREAK--- Millcreek Together Code Update I Chapters 18.13-18.16 Application Procedures – Community Council Review Draft 33 use, including but not limited to noise, pollution, traffic, or other similar harms to the general health, safety and welfare of Millcreek. B. Applicability. Conditional use site plan approval shall be required for those uses listed as a conditional use in the applicable zoning district regulations of this Code. C. Procedure. The following application steps as set forth in MKZ 18.15, General Application Procedures, are required. 1. Pre-application Consultation 2. Concept Review Consultation 3. Neighborhood Meeting 4. Application Submittal 5. Application Completeness Review 6. Application Review. Upon completion of the review, the Planning Director shall make a recommendation. 7. Public Notice 8. Public Meeting(s) and/or Hearing(s) a. The application shall be presented to the relevant Community Council(s) for a recommendation; and b. The Planning Commission shall hold a public meeting and shall be the Land Use Authority for such applications. 9. Decision and Findings D. Approval Criteria. The Planning Commission shall consider the following criteria in the review of all Conditional Use applications: 1. The proposed conditional use shall comply with Millcreek ordinances, Federal, and State Law, as applicable to the use and to the site where the conditional use will be located; and 2. Reasonable mitigation is required of reasonably anticipated detrimental effects of the proposed use. Detrimental effects of the proposed use include: a. Detrimental effects of decreased street service levels and/or traffic patterns including the need for street modifications such as dedicated turn lanes, traffic control devices, safety, street widening, curb, gutter and sidewalks, location of ingress/egress, lot surfacing and design of off-street parking and circulation, loading docks, as well as compliance with off-street parking standards, including other reasonable mitigation as determined by a qualified traffic engineer. ---PAGE BREAK--- Millcreek Together Code Update I Chapters 18.13-18.16 Application Procedures – Community Council Review Draft 34 b. Detrimental effects on the adequacy of utility systems, water and sewer, solid waste, snow removal, service delivery, and capacities, including the need for such items as relocating, upgrading, providing additional capacity, irrigation systems, or preserving existing systems, including other reasonable mitigation as determined by Millcreek’s engineering staff, contracted engineers, and utility service providers. c. Detrimental effects on connectivity and safety for pedestrians and bicyclists. d. Detrimental effects by the use due to its nature, including noise that exceeds sound levels normally found in residential areas, odors beyond what is normally considered acceptable, within a neighborhood including such effects as environmental impacts, dust, fumes, smoke, odor, noise, vibrations; chemicals, toxins, pathogens, gases, heat, light, electromagnetic disturbances, and radiation. Detrimental effects by the use may include hours of operation and the potential to create an attractive nuisance. e. Detrimental effects that increase the risk of contamination of or damage to adjacent properties and injury or sickness to people arising from, but not limited to, waste disposal, fire safety, geologic hazards, soil or slope conditions, liquefaction potential, site grading/topography, storm drainage/flood control, the removal of dangerous or blighted structures, high ground water, environmental health hazards, or wetlands, as determined by the City Engineer, and/or other qualified specialists. f. Detrimental effects of modifications to exterior lighting that conflict with abutting properties. g. Detrimental effects arising from site design and/or building design in terms of use, scale, intensity, height, mass, setbacks, character, construction, solar access, landscaping, fencing, screening, lighting (on-site and adjacent street lighting), signs, and architectural design and exterior detailing/finishes and colors within the area. h. Detrimental effects on emergency fire service and emergency vehicle access. i. Detrimental effects on usable/functional/accessible open space and sensitive lands. j. Detrimental effects arising from inadequate maintenance of the property and structures in perpetuity including performance measures, compliance reviews, and monitoring. k. Detrimental effects of excessive storm water generation. ---PAGE BREAK--- Millcreek Together Code Update I Chapters 18.13-18.16 Application Procedures – Community Council Review Draft 35 E. Conditions of Approval. Unless otherwise specified in this Code or in Utah Code Ann. §10-9a-507, the Planning Commission shall approve with conditions, based on standards, all conditional use applications. In such cases, any conditions attached to approvals shall be directly related to the anticipated detrimental effects of the proposed use or development. No conditions of approval shall be less restrictive than the requirements of this Code, except where the Code allows flexibility. F. All conditional uses are presumed to be compatible in the zone and compatible with the intent of the General Plan. G. Denial. If the reasonably anticipated detrimental effects of a proposed conditional use cannot be substantially mitigated by the proposal or the imposition of reasonable conditions to achieve compliance with applicable standards, the land use authority may deny the conditional use. H. Submittal. Staff shall not schedule a public meeting for a Conditional Use Permit until the applicant has completed the submittal requirements as found in the Conditional Use Site Plan Checklist including: 1. An application on a form approved by the Planning Department; 2. A Conditional Use Permit Submittal Checklist with complete materials as specified on the checklist. : 3. An application fee paid in full as set forth in the consolidated fee schedule. 4. Any other relevant supporting documentation, maps, studies and any other information that would inform Staff and allow the Planning Commission to make an informed decision. I. Revocation. Upon a determination by Millcreek that there is a failure to comply with a condition of a conditional use permit, the Planning Director shall forward that determination to the Planning Commission for review at a public meeting. The Planning Commission shall consider staff’s recommendation and make a recommendation to the Land Use Hearing Officer (LUHO) regarding whether a failure to comply with a condition of the conditional use permit exists. At a hearing of the Land Use Hearing Officer, the LUHO shall determine if there is a failure to comply with a condition of the approved Conditional Use Site Plan. Should the LUHO determine that there is failure to comply with condition(s) of the Conditional Use, the LUHO shall revoke the Conditional Use Permit. J. Expiration. A conditional use site plan granted pursuant to this part shall expire within one year from the date of final approval if action is not taken within that time. An applicant may apply for no more than one extension by following the process as set forth in MKZ 18.15.120. For the purposes of this section, “action” means obtaining a building permit pursuant to the issuance of a conditional use permit or, if a building permit is not required, obtaining a business license pursuant to the issuance of a conditional use permit. ---PAGE BREAK--- Millcreek Together Code Update I Chapters 18.13-18.16 Application Procedures – Community Council Review Draft 36 K. Discontinuance and Termination of Right. If a Conditional Use Permit is abandoned or discontinued for a period of twelve (12) continuous months, the Planning Director may provide notice via certified mail to the applicant and upon such notice, the Conditional Use Permit shall expire. Prior to expiration of the Conditional Use Permit due to discontinuation, the Planning Director may approve one, six month extension of the Conditional Use Permit if no changes to the site design are required. Upon expiration, the property affected shall be subject to all provisions and regulations of this Code, applicable to the zoning district which such property is classified. L. Transferability. Conditional Use Permits shall run with the land. 18.16.140 Change of Use Permit A. Purpose. The Change of Use Permit is intended for developed property that has changed from one use to another. This permit is intended to ensure that the existing site is adequate for the new use, and that the proposed use is compliant with all applicable standards. B. Applicability. Any existing property that is changing from one use classification per this Title is required to obtain a change of use permit. C. Procedure. The following application steps as set forth in MKZ 18.15, General Application Procedures are required. 1. Application Submittal 2. Application Completeness Review 3. Application Review. The Planning Director shall be the Land Use Authority for such applications. 4. Decision and Findings D. Approval Criteria. The Planning Director shall approve a change of use upon finding that the proposed change of use meets the following criteria: 1. The new use is permitted in the governing zoning district; and 2. The new use complies all applicable development standards, including but not limited to landscaping standards, parking and mobility standards, minimum driveway and roadway widths, and any dedication or public improvement requirements. E. Submittal. Any person seeking a change of use for an existing property shall submit the following documentation to the Planning Department including the following: 1. An application on a form approved by the Planning Department; 2. A Conditional Use Permit Submittal Checklist with complete materials as specified on the checklist. . ---PAGE BREAK--- Millcreek Together Code Update I Chapters 18.13-18.16 Application Procedures – Community Council Review Draft 37 3. An application fee paid in full for the amount as provided in the consolidated fee schedule. 4. Any other relevant supporting documentation, maps, studies and any other information that would inform Staff and allow the Land Use Authority to make an informed decision. 18.16.150 Minor Site Plan Amendment A. Purpose. A Minor Site Plan Amendment is intended to provide a streamlined review process for minor changes to already approved site plans for conditional and permitted uses. B. Applicability. Any site plan that has been previously approved, but for any reason has changed may utilize the Minor Site Plan Amendment process if the following criteria are met: 1. The proposed change does not significantly alter the approved access, circulation, or layout of the approved site plan. 2. The proposed changes do not increase the number of residential units. 3. The proposed change does not expand commercial square footage more than ten percent 4. The proposed change is in conformance with all applicable requirements of the Code and other relevant Millcreek and State regulation. 5. The proposed change does not affect any required mitigations or violate any conditions of approval for a conditional use. C. Procedure. The following application steps as set forth in MKZ 18.15, General Application Procedures are required. 1. Application Submittal 2. Application Completeness Review 3. Application Review. The Planning Director shall be the Land Use Authority for such applications. 4. Decision and Findings D. Approval Criteria. The Planning Director shall approve a Minor Site Plan Amendment if after the review, all applicable standards of this Code, other applicable Millcreek regulations, and relevant State Statues are met, including but not limited to landscaping standards, parking and mobility standards, minimum driveway and roadway widths, and any dedication or public improvement requirements. E. Submittal. Any person seeking a Minor Site Plan Amendment shall submit the following documentation to the Planning Department including the following: 1. An application on a form approved by the Planning Department; ---PAGE BREAK--- Millcreek Together Code Update I Chapters 18.13-18.16 Application Procedures – Community Council Review Draft 38 2. A Minor Site Plan Amendment Submittal Checklist with complete materials as specified on the checklist. . 3. An application fee paid in full for the amount as set forth in the consolidated fee schedule. 4. Any other relevant supporting documentation, maps, studies and any other information that would inform Staff and allow the Land Use Authority to make an informed decision. 18.16.160 Temporary Use Permit A. Purpose. Temporary Use Permits are intended to ensure that temporary uses within Millcreek are in conformance with all applicable Millcreek requirements found within this Code. Applicability. No temporary use that is classified as an allowed temporary use in the zoning district in which it is to be located shall be placed or established on the property without first receiving a temporary use permit. B. Procedure. The following application steps as set forth in MKZ 18.15, General Application Procedures, are required. 1. Application Submittal 2. Application Completeness Review 3. Application Review. The Planning Director shall be the Land Use Authority for such applications. 4. Decision and Findings C. Approval Criteria. The Planning Director shall approve the request if the proposed temporary use in conformance with the requirements of the governing zoning district, MKZ 18.59 Temporary Uses and Structures, and all other applicable Millcreek, State, and Federal statutes. D. Submittal. Any person seeking a Temporary Use Permit shall submit the following documentation to the Planning Department including the following: 1. An application on a form approved by the Planning Department; 2. A Temporary Use Permit Submittal Checklist with complete materials as specified on the checklist. 3. A Site plan in accordance with the specifications on the application checklist. 4. A letter of intent including all the following information: a. The name of applicant or authorized agent and contact information; b. A property address and parcel number; c. Any other applicable information per the requirements of the applicable application checklist. ---PAGE BREAK--- Millcreek Together Code Update I Chapters 18.13-18.16 Application Procedures – Community Council Review Draft 39 5. An application fee paid in full for the amount specified as set forth in the consolidated fee schedule 6. Any other additional relevant documentation necessary for review of the proposed sign as determined by the Planning Director. 18.16.170 Sign Permit A. Purpose. Sign Permits are intended to ensure that signage in Millcreek is in conformance with Millcreek’s adopted signage requirements found within this Code. B. Applicability. No person shall erect, alter, relocate, or modify any sign without first obtaining a sign permit, if required, and a building permit, if required, for such work unless no permit is required as set forth in MKZ 18.66, Signs. C. Procedure. The following application steps as set forth in MKZ 18.15, General Application Procedures, are required. 1. Application Submittal 2. Application Completeness Review 3. Application Review. The Planning Director shall be the Land Use Authority for such applications. 4. Decision and Findings D. Approval Criteria. The Planning Director shall approve the request if the proposed signage is in conformance with the requirements as set forth in MKZ 18.66, Signs, and all other applicable Millcreek, State, and Federal statues. E. Submittal. Any person seeking a Site Plan approval for a permitted use shall submit the following documentation to the Planning Department including the following: 1. An application provided by the Planning Department; 2. A Sign Permit Checklist 3. An application fee paid in full for the amount specified as set forth in the consolidated fee schedule. 4. Any other relevant supporting documentation, maps, studies and any other information that would inform Staff and allow the Land Use Authority to make an informed decision. 18.16.180 Nonconformities Determination A. Purpose. A formal nonconformities determination acknowledges the use and development rights for legally established uses, structures, lots, or parcels, and other circumstances that do not conform to the applicable requirements of this Title. B. Applicability. A property owner shall have the burden of establishing that a nonconforming use, noncomplying structure, nonconforming lot, or other nonconformity legally existed before its current land use designation. ---PAGE BREAK--- Millcreek Together Code Update I Chapters 18.13-18.16 Application Procedures – Community Council Review Draft 40 C. Procedure. The following application steps as set forth in MKZ 18.15, General Application Procedures, are required. 1. Application Submittal 2. Application Completeness Review 3. Application Review. The Planning Director is the land use authority for this application type. 4. Decision and Findings D. Review Criteria. The Planning Director shall make a nonconformities determination upon receipt of a complete application, including acceptable evidence that a nonconformity exists pursuant to MKZ 18.61.080. E. Submittal. Any person seeking to expand or enlarge a noncompliant structure shall submit the following documentation to the Planning Department: 1. An application on a form approved by the Planning Department; 2. A Nonconformities Determination Checklist with complete materials as specified on the checklist; 3. An application fee paid in full as set forth in the consolidated fee schedule. 4. Additional relevant supporting documentation, amps, studies, or any other information that would inform staff and allow the Planning Director to make an informed decision. 18.16.190 Expansion or Enlargement of a Noncompliant Structure A. Purpose. A structure that is noncompliant may be expanded or enlarged in a manner that complies with applicable standards in a manner that controls the expansion of structures that were legally established but that do not comply with current standards, while recognizing the interests of affected property owners. B. Applicability. No person may expand or enlarge a noncompliant structure without first having the structure deemed noncompliant pursuant to MKZ 18.61 and obtaining a permit of the Land Use Hearing Officer as set forth in MKZ 18.61 C. Procedure. The following application steps as set forth in MKZ 18.15, General Application Procedures, are required. 1. Pre-application Consultation 2. Application Submittal 3. Application Completeness Review 4. Application Review. The Land Use Hearing Officer is the land use authority for this application type. Public Notice 5. Decision and Findings D. Approval Criteria. Approval criteria for expanding or enlarging a noncompliant structure are set forth in MKZ 18.61. E. Submittal. Any person seeking to expand or enlarge a noncompliant structure shall submit the following documentation to the Planning Department: 1. An application on a form approved by the Planning Department; ---PAGE BREAK--- Millcreek Together Code Update I Chapters 18.13-18.16 Application Procedures – Community Council Review Draft 41 2. A Noncompliant Structure Enlargement or Expansion Checklist with complete materials as specified on the checklist; 3. An application fee paid in full as set forth in the consolidated fee schedule. 4. Additional relevant supporting documentation, amps, studies, or any other information that would inform staff and allow the Land Use Hearing Officer to make an informed decision. F. Expiration. A permit to expand or enlarge a noncompliant structure pursuant to this part shall expire within one year from the date of final approval if a building permit is not applied for within that time. 18.16.200 Variances A. Purpose. This section establishes procedures for variance requests. Variances are intended to provide a means of relief from the requirements this Title if they have resulted in a hardship as they are applied to a property. Variances are subject to the standards as set forth in Utah Code Ann. §10-9a-701 et seq. B. Applicability. Any person or entity desiring a waiver or modification of the requirements of this Code as applied to a parcel of property that they own, leases, or hold some other beneficial interest may apply to the Land Use Hearing Officer for a variance. Applicants have the burden of proving that a hardship has been caused by the requirements of this Code. Variances may not be requested regarding land use. C. Procedure. The following application steps as set forth in MKZ 18.15, General Application Procedures, are required. 1. Application Submittal 2. Application Completeness Review 3. Application Review. The Land Use Hearing Officer is the land use authority for this application type. 4. Public Notice 5. Decision and Findings D. Approval Criteria. Approval criteria for approving a variance are set forth in MKZ 18.05.020 E. Submittal. Any person seeking a variance shall submit the following documentation to the Planning Department: 1. An application on a form approved by the Planning Department; 2. A Variance Checklist with complete materials as specified on the checklist; 3. An application fee paid in full as set forth in the consolidated fee schedule. 4. Additional relevant supporting documentation, amps, studies, or any iother information that would inform staff and allow the Land Use Hearing Officer to make an informed decision. Transferability. Variances shall not expire and shall run with the land.