A. Purpose: Uses designated as conditional uses require special consideration from the planning commission or administration as detailed elsewhere in this code. These uses may or may not be appropriate for a specific piece of property. The purpose of this section is to allow the planning commission or administration to evaluate the appropriateness of designated conditional uses on a case by case basis. The conditional use permit procedure allows the planning commission or administration to approve, deny or conditionally approve any request for a conditional use permit.
B. Permit Required: No person or entity shall operate or conduct a use designated as a conditional use within the applicable zone without first obtaining a conditional use permit from the city.
C. Procedure For Approval: The applicant for a conditional use permit shall submit a completed application form and a site plan with sufficient information to allow the planning commission or administration as detailed elsewhere in this code to make a well informed decision. The applicant shall also pay a fee in an amount established by resolution of the city council with the application.
D. Notice: Notification shall be performed by the applicant in conformance with the terms of section 10-12-37 of this chapter.
E. Planning Commission or Administrative Review: Planning Commission or Administrative review shall be performed by the applicant in conformance with the terms of section 10-12-37 of this chapter
F. Criteria And Factors To Be Considered: The following factors shall be weighed and considered when determining whether a conditional use permit application should be approved, approved with conditions or denied:
1. Harmony of the request with the general objectives of the general plan, the zoning ordinance, the subdivision ordinance, any other city ordinance and/or master plan and the particular zone in which the request is located.
2. Harmony of the request with existing uses in the neighborhood.
3. Development or lack of development adjacent to the site.
4. Whether or not the request may be injurious to potential development in the vicinity.
5. Present and future requirements for transportation, traffic, water, sewer and other utilities.
6. Suitability of the specific property for the proposed use.
7. Number of other similar conditional uses in the area and the public need for the conditional use.
8. Economic impact on the neighborhood.
9. Aesthetic impact on the neighborhood.
10. Safeguards to prevent noxious or offensive omissions such as noise, glare, dust, pollutants and odor.
11. Attempts by the applicant to minimize other adverse effects on people and property in the area.
12. Impact of the proposed use on the health, safety and welfare of the city, the area, and persons owning or leasing property in the area.
G. Duration: Unless otherwise specified by the planning commission or administration as detailed elsewhere in this code, and subject to the provisions of this section relating to the amendment or revocation of a conditional use permit, a conditional use permit shall run with the land and be valid until such use expressed in the conditional use permit changes or is abandoned for a period of six (6) months or more. The planning commission or administration may grant a conditional use permit for a limited period of time if it finds that a limited permit is reasonable to protect the health, safety, or welfare of the community or to ensure compliance with the terms of permit approval.
H. Fees: Fees shall be established from time to time by the city council by resolution, and shall be assessed as a condition of the submission of any conditional use permit application. Conditional use permit fees are nonrefundable.
I. Other Requirements: An applicant or user of a conditional use permit shall be held to all of the requirements relating to site plan approval, improvements, bonding, maintenance and completion. The conditional use permit shall not be valid until a bond guaranteeing all required and proposed improvements has been posted. Bonding is not required for permitting of hobby animals unless the conditional use permit also includes physical improvements such as: the installation of new utility services, off site construction encroachment, or construction typically requiring a building permit. Nothing in this section shall be interpreted to waive the bonding, licensing or permit requirements set forth in other city ordinances.
J. Appeals: Any person aggrieved by or affected by any decision of the planning commission or administration as detailed elsewhere in this code may appeal the decision to the city council. Any person aggrieved by or affected by any decision of the appeal by the city council may appeal the decision to the appeal authority, subject to the provisions of the Utah state code, section 10-9-704.
K. Implementation: A conditional use permit shall expire and become null and void if the permit has not been implemented by the recipient within one year of the date of approval. The permit shall be considered implemented if the recipient either engages or participates in the conditional use or completes substantial construction on the project for which the permit was granted.
L. Amendment Or Revocation: Any interested party may apply to the city for the amendment or revocation of a conditional use permit. Any person or entity, other than the city, seeking to amend or revoke a conditional use permit, shall pay a fee in an amount established by resolution of the city council. For purposes of this section, "any interested party" shall include the following persons or entities:
1. The owner or lessee of the property for which the conditional use was granted.
2. The city.
3. Any owner or lessee of property that lies within two hundred feet (200') of the property for which the conditional use permit was granted.
4. Any person that can show that the conditional use has a direct impact upon his or her health, safety or welfare.
M. Procedure For Amendment Or Revoking Of Permit: The procedure for amending or revoking a conditional use permit shall be the same as the original application procedure set forth in this section. A conditional use permit may be amended at the request of the holder of the permit upon showing of good cause. A conditional use permit may be amended or revoked at the request of any other interested party if the planning commission or administration as detailed elsewhere in this code finds one or more of the following:
1. The conditional use permit was obtained by misrepresentation or fraud.
2. The use for which the permit was granted has ceased or has been suspended for six (6) months.
3. The holder or user of the conditional use permit has failed to comply with any of the conditions placed on the issuance of the permit.
4. The holder or user of permit has failed to comply with any city regulation governing the conduct of the use.
5. The holder or user of the conditional use permit has failed to construct or maintain the approved site as shown on the approved site plan.
6. The operation of the use or the character of the site has been found to be a nuisance or a public nuisance by a court of competent jurisdiction in any civil or criminal proceeding.
N. Revocation: No conditional use permit shall be amended or revoked against the wishes of the applicant for the permit without first giving the applicant an opportunity to appear before the city council and show cause as to why the permit should not be amended or revoked. Amendment or revocation of the permit shall not limit the city's ability to initiate or complete other legal proceedings against the holder or user of the permit.
O. Violation: A violation of any terms of this section or any conditions imposed as part of a conditional use permit shall be unlawful, and may be remedied or punished as allowed by law.
(Ord. 01-6-26-12, 6-26-2001, eff. 6-26-2001; amd. Ord. 04-6, 7-13-2004, eff. 8-13-2004; Ord. 07-7, 4-24-2007; Ord. 14-6, 10-14-2014; Ord. 19-01, 1-8-2019)