APPLICATION PROCEDURE AND REQUIREMENTS. Following approval of the Preliminary Plat, if necessary, the Applicant shall file with the Planning Department an Application for approval of a final Subdivision Plat. The Application shall:
Be made on forms available at the Planning Department and determined complete. A complete Application shall include all elements of the Subdivision and shall produce all information required by the Subdivision Application.
Include all contiguous holdings of the Owner, unless specifically waived by the Planning Department and Planning Commission, including land in the "same ownership," as defined herein, with an indication of the portion which is proposed to be subdivided, accompanied by an affidavit of ownership, which shall include the dates the respective holdings of land were acquired, together with the book and page of each conveyance to the present Owner as recorded in the County Recorder's office. The affidavit shall advise as to the legal Owner of the Property, the contract Owner of the Property, the date a contract of sale was executed, and, if any corporations are involved, a copy of the resolution legally empowering the Applicant to make the Application.
Include the entire Subdivision, or section thereof, which derives access from an existing state, county or local government highway.
REVIEW OF FINAL SUBDIVISION PLAT. The Planning Department staff shall schedule the Final Plat Application for review by the Development Review Committee, including officials or agencies of the local government, adjoining counties or municipalities, school and special districts, and other official bodies as it deems necessary or as mandated by law, including any review required by metropolitan, regional, or state bodies under applicable state or federal law.
The Planning Department shall request that all officials and agencies, to whom a request for review has been made, submit their report to the Staff. The Staff will consider all the reports submitted by the officials and agencies concerning the Final Subdivision Plat and shall submit a report for proposed action to the Planning Commission.
Once an Application is received, the Staff will work diligently to review the Application, as quickly as time and workload allows. The scale or complexity of a project or Staff workload may necessitate a longer processing period. In such cases the Staff will notify the Applicant when an Application is filed as to the projected time frame.
PLANNING COMMISSION REVIEW OF FINAL SUBDIVISION PLAT. The Planning Commission shall review the Final Subdivision Plat and the report of the Staff, taking into consideration requirements of the Land Management Code, the General Plan, and any Master Plan, site plan, or Sensitive Lands Analysis approved or pending on the Property. Particular attention will be given to the arrangement, location and width of Streets and their relation to sewerage disposal, drainage, erosion, topography and natural features of the Property, location of Physical Mine Hazards and Geologic Hazards, Lot sizes and arrangement, the further Development of adjoining lands as yet un-subdivided, requirements of the Preliminary Plat (if a Preliminary Plat was required), and requirements of the Official Zoning Map and Streets Master Plan, as adopted by the Planning Commission and City Council.
The Planning Commission shall make a finding as to Good Cause prior to taking Final Action.
The Planning Commission shall give notice pursuant to Section 15-1-12 and hold a public hearing on the proposed final Subdivision Plat before taking Final Action.
After considering the final Subdivision Plat, the Planning Commission shall take Final Action and set forth in detail any conditions to which the approval is subject, or the reasons for disapproval.
In the Final Action the Planning Commission shall stipulate the period of time when the Final Plat shall be recorded and when the performance Guarantee shall be filed or the required improvements installed, whichever is applicable. Provided, however, that no plats will be approved or released for recording until necessary Guarantees have been established in accordance with the Land Management Code. In no event shall the period of time stipulated by the Planning Commission for completion of required improvements exceed two (2) years from the date of the Final Action.
Extension of Approval. Applicants may request time extensions of the Planning Commission approval by submitting a request in writing to the Planning Department prior to expiration of the approval. The Planning Director may grant an extension to the expiration date when the Applicant is able to demonstrate no change in circumstance that would result in an unmitigated impact or that would result in a finding of non-compliance with the Park City General Plan or the Land Management Code in effect at the time of the extension request. Change in circumstance includes physical changes to the Property or surroundings. Notice shall be provided consistent with the requirements for a Final Plat in Section 15-1-12.
SUBMISSION AND REVIEW. Subsequent to the approval of the Planning Commission, one
paper copy of the construction plans, and one copy of the original Subdivision Plat on paper shall be submitted to the Planning Department for final review. No final approval shall be endorsed on the plat until the staff's review has indicated that all requirements of the approval have been met.
VESTED RIGHTS. Vesting for purposes of zoning occurs upon the filing of a complete Application provided, however, that no vested rights shall accrue to any plat by reason of preliminary or final approval until the actual signing of the plat by the Planning Commission Chair and the Mayor of Park City. All requirements, conditions, or regulations adopted by the Planning Commission applicable to the Subdivision or to all Subdivisions generally shall be deemed a condition for any Subdivision prior to the time of the signing of the Final Plat by the Planning Commission Chair and Mayor. Where the Planning Commission has required the installation of improvements prior to signing of the Final Plat, the Planning Commission shall not unreasonably modify the conditions set forth in the final approval.
LOT LINE ADJUSTMENTS. The Planning Director may approve a Lot Line Adjustment between two (2) Lots without a plat amendment, within the corporate limits of Park City, if:
the Owners of both Lots demonstrate, to the satisfaction of the Planning Director that:
no new developable Lot or unit results from the Lot Line Adjustment;
all Owners of Property contiguous to the adjusted Lot(s) or to Lots owned by the Applicant(s) which are contiguous to the adjusted Lot(s), including those separated by a public Right-of-Way, consent to the Lot Line Adjustment;
the Lot Line Adjustment does not result in remnant land;
the Lot Line Adjustment, and resulting Lots comply with LMC Section 15-7.3 and are compatible with existing lot sizes in the immediate neighborhood;
the Lot Line Adjustment does not result in violation of applicable zoning requirements;
neither of the original Lots were previously adjusted under this section;
written notice was mailed to all Owners of Property within three hundred feet (300') and neither any Person nor the public will be materially harmed by the adjustment; and
the City Engineer and Planning Director authorizes the execution and recording of an appropriate deed and Plat, to reflect that the City has approved the Lot Line Adjustment.
Extension of Approval. Applicants may request time extensions of the Lot Line Adjustment approval by submitting a request in writing to the Planning Department prior to expiration of the approval. The Planning Director shall review all requests for time extensions of Lot Line Adjustments and may grant a one year extension.
Extension requests may be granted when the Applicant is able to demonstrate no change in circumstance that would result in an unmitigated impact or that would result in a finding of non-compliance with the Park City General Plan or the Land Management Code in effect at the time of the extension request. Change in circumstance includes physical changes to the Property or surroundings. Notice shall be provided consistent with the requirements for Lot Line Adjustments in Section 15-1-12.
If, based upon non-compliance with Subsection (1), the Planning Director denies the Lot Line Adjustment, the Director shall inform the Applicant(s) in writing of the reasons for denial, of the right to appeal the decision to the Planning Commission, and of the right to file a formal plat amendment Application.
COMBINATION OF ADJOINING CONDOMINIUM UNITS WITH A CONDOMINIUM PLAT.
Subject to the condominium declaration, a unit owner after acquiring an adjoining unit that shares a common wall with the unit owner’s unit and after recording an amended condominium record of survey plat in accordance with this Title, a unit owner may:
remove or alter a partition between the unit owner’s unit and the acquired unit, even if the partition is entirely or partly common areas and facilities; or
create an aperture to the adjoining unit or portion of a unit.
A unit owner may not take this action if such action would:
impair the structural integrity or mechanical systems of the building or either unit;
reduce the support of any portion of the common areas and facilities or another unit;
constitute a violation of Utah Code Section 10-9a-608, as amended, or violate any section of this code of the IBC.
Approval of a condominium plat amendment to combine units does not change an assessment or voting right attributable to the unit owner’s unit or the acquired unit, unless the declaration provides otherwise.
HISTORY Adopted by Ord. 01-17 on 5/17/2001 Amended by Ord. 06-22 on 4/27/2006 Amended by Ord. 11-05 on 1/27/2011 Amended by Ord. 15-35 on 10/12/2015 Amended by Ord. 2018-24 on 5/31/2018 Amended by Ord. 2023-49 on 10/26/2023