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19.17.050 Considerations and procedures for amending the zoning map for CP and C-H designation

            The following requirements, considerations, and procedures shall be considered, in addition to Sections 19.17.010 through 19.17.040, as part of any petition to amend the zoning map for a CP or C-H designation.

            (1)        Required property ownership.  A CP or C-H zone may only be established upon land held in single ownership or under unified control or where the City Council, upon recommendation by the Planning Commission, determines that development on separate adjoining properties shall be coordinated to form a physically unified commercial facility which will be more appropriate and compatible with the surrounding land uses.

            (2)        Nonconforming uses prohibited.  A CP or C-H zone shall not be established upon a tract of land which would contain a nonconforming use after the passage of an amendment to the zoning ordinance unless the development planned for the tract includes the elimination of the nonconforming use.

            (3)        Submittal of conceptual development plan as part of rezoning petition.  The petitioner shall submit a conceptual development plan for the commercial site showing a unified and organized arrangement of buildings of the proposed uses, off-street parking, internal traffic circulation, and landscaping.  The plan shall include a breakdown of the square footage and the percentages of the total site for the building(s); parking, circulation, and landscaping.

            (4)        Submittal of market analysis as part of rezoning petition.  The applicant shall submit a market analysis acceptable to the Planning Commission and conducted and signed by a recognized and independent market analyst which shall serve as a guide to the Planning Commission for the evaluation of the application or part thereof in terms of the following:

                        (a)        The need or desirability to change the zoning ordinance in the public interest;

                        (b)        Master plan consideration;

                        (c)        The amount of land included in the rezoning application which can be realistically supported in commercial use; and

                        (d)        The finding that the proposed development will promote the general welfare of the public.  For the purposes of this Subsection, a market analysis shall contain the following elements:

                                    (i)         The trade area of the proposed shopping center;

                                    (ii)        Trade area population, both present and potential;

                                    (iii)       Effective buying power in the trade area;

                                    (iv)       Net potential customer buying power for stores in the proposed shopping center; and

                                    (v)        The residue of buying power to be expended in existing shopping centers of commercial areas serving the trade area.

            (5)        Consideration of developer's ability.  The developer's ability to undertake the proposed project will be considered by the Planning Commission and City Council as part of the request for rezoning.

            (6)        Planning Commission's recommendation duties.  The Planning Commission shall recommend approval or denial of the zoning petition and preliminary development plans to the Council.  The recommendation of the Planning Commission may contain conditions, limitations, or amendments to the preliminary development plan to insure that the planned commercial development is integrated into its surroundings and serves the public interest to the greatest extent possible.

            (7)        Council decision on petition to rezone.  The City Council, after holding a public hearing thereon and after a recommendation by the Planning Commission, may approve or disapprove the petition for rezoning.  In approving a rezoning petition, the Council shall concurrently approve a preliminary development plan, the amount required to insure completion of the landscaping, together with whatever amendments, conditions, or requirements as it may deem necessary to secure the purpose of this Chapter.

            (8)        Conditions of rezoning approval.  The Planning Commission may recommend at the time of rezoning approval, conditions of approval of the final site development including the sequence of development, and may require that initial building permits must include the major facilities of a proposal.

            (9)        Rezoning approval.  Requirements concerning final development plan.  After the rezoning of the site to a CP or C-H zone, a final development plan for the entire zoning district or for the initial phase of a phased development plan has been approved, shall be submitted to and approved by the Planning Commission as complying with the regulations and requirements attached thereto prior to the issuance of any building or land use permits.  The final development plan shall show in detail the proposed areas and locations of buildings, off-street parking, internal and external traffic circulation, improvements, landscaping, signs, and service facilities.  No changes shall be made in the final development plan during the course of construction pursuant thereto without first obtaining prior approval of the Planning Commission.  Copies of the approved final development plan shall be kept on file in the office of the Planning Commission, Building Inspector, and City Recorder, and only changes which may be subsequently approved shall be added thereto.

            (10)      Property deed restrictions stating property development in accordance with approved final site development plan.  At the time a CP or C-H zone is established and before building permits are issued, a document on the property covered under the proposed new zone change shall be filed by the owners of the property after approval by the City Attorney with the County Recorder and shall provide that development take place on the property only in accordance with a final site development plan approved by the Planning Commission and City Council and on file with the County Recorder.

            (11)      Building permit required.  Time limits for construction commencement.  A building permit shall be secured in accordance with the approved final site development plan within eighteen (18) months from the effective date of the ordinance resulting in the rezoning of the parcel.  Application may be made to the Planning Commission for a six (6) month extension of the time limit for commencement.  Said applications for extensions may be made no more than two (2) times.  Applications for extensions shall require a showing to the Planning Commission's satisfaction of unique conditions or situation, and of imminent success in tenant leasing and construction commencement.  All such applications shall include detailed documentation as to the circumstances and reasons for such request as required by the Planning Commission.

            (12)      Delay of construction commencement shall result in review of zoning classification.  The Planning Commission shall review the classification of the zoning district and the progress of the development which has taken place and in the event construction is not started within the specified time limits or once construction has started, it ceases and no further significant construction toward completion to an appreciable degree is done for one hundred eighty (180) days, the Planning Commission shall examine the project and cause for such delays.  If deemed necessary, the Planning Commission shall institute proceedings to restore the zone to its prior classification or to a zone consistent with the comprehensive land-use plan.

            The Planning Commission shall determine what an "appreciable degree" is by considering the following factors:

                        (a)        Change in financial ability of developer or owner to complete a project.

                        (b)        The amount of the project completed and yet to complete.

                        (c)        The amount of work done within a three (3) month period in both the type or work and the cost of work done.

            (13)      Construction completion time limit.  A plan for staged development which will require more time than the limits contained in Subsection 19.17.050(11) of the Layton Municipal Code, may be approved by the Planning Commission at the time the rezoning is recommended or may be approved by the Planning Commission prior to or during the course of construction of the commercial center.

            (14)      Failure to complete in established time will result in review of the zoning classification.  In the event the construction is not completed within the time limit specified in Section 19.14.060 of the Layton Municipal Code, the Planning Commission shall review the zoning and development which has taken place, and if necessary, initiate proceedings to reclassify the property or thereof in a manner consistent with the master land-use plan.

Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 97-19, Enacted, 4/17/1997
Ord. No. 04-69, Recodified, 12/16/2004