10-7-9: CONDITIONAL USE PERMIT:
   A.   Purpose: This section sets forth procedures for considering and approving conditional use permits.
   B.   Authority:
      1.   The Planning Commission is authorized to issue conditional use permits for the following uses:
      Agricultural industry.
      Agritourism activities.
      Animal specialties.
      Assisted living facility.
      Greater heights than permitted by this Code in all zones except residential and residential agricultural zones.
      Greater size than permitted by this Code in all zones except residential and residential agricultural zones.
      Metal building in commercial and residential zones.
      Public stable.
      Reception center.
      Recreation and entertainment, outdoor.
      2.   The Zoning Administrator is authorized to issue conditional use permits for the following uses:
      Animals and fowl for recreation and family food production.
      Greater size accessory buildings than permitted by this Code in residential zones.
      Greater size accessory buildings than permitted by this Code in residential  and residential agricultural zones.
      Greater height accessory buildings than permitted by this code in residential  and residential agricultural zones.
   C.   Initiation: A property owner, or the owner's agent, may request a conditional use permit as provided in subsection D1 of this section.
   D.   Procedure: An application for a conditional use permit shall be considered and processed as provided in this subsection.
      1.   A complete application shall be submitted to the Office of the Zoning Administrator in a form established by the Administrator along with any fee established by the City's schedule of fees. The application shall include at least the following information:
         a.   The name, address and telephone number of the applicant and the applicant's agent, if any;
         b.   The address and parcel identification of the subject property;
         c.   The zone, zone boundaries and present use of the subject property;
         d.   A description of the proposed conditional use;
         e.   A plot plan showing the following:
            (1)   Applicant's name;
            (2)   Site address;
            (3)   Property boundaries and dimensions;
            (4)   Layout of existing and proposed buildings, parking, landscaping, and utilities; and
            (5)   Adjoining property lines and uses within one hundred feet (100') of the subject property;
         f.   Traffic impact analysis, if required by the City Engineer or the Planning Commission;
         g.   A statement by the applicant demonstrating how the conditional use permit request meets the approval standards for the conditional use desired; and
         h.   Such other and further information or documentation as the Zoning Administrator may deem necessary for proper consideration and disposition of a particular application.
      2.   After the application is determined to be complete, the Zoning Administrator shall schedule a public meeting before the Planning Commission as provided in section 10-7-4 of this chapter or shall review the application to determine if it meets the standards for an administrative conditional use permit.
      3.   A staff report evaluating the application shall be prepared by the Zoning Administrator for a conditional use permit that will be reviewed by the Planning Commission.
      4.   The Planning Commission shall hold a public meeting and shall thereafter approve, approve with conditions, or deny the application pursuant to the standards set forth in subsection E of this section. A conditional use shall be approved if reasonable conditions are proposed or can be imposed to mitigate the reasonably anticipated detrimental effects of the proposed use in accordance with applicable standards. 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 the applicable standards, the conditional use may be denied.
      5.   After the Planning Commission or Zoning Administrator makes a decision, the Zoning Administrator shall give the applicant written notice of the decision.
      6.   A record of all conditional use permits shall be maintained in the Office of the Zoning Administrator.
   E.   Approval Standards: The following standards shall apply to the issuance of a conditional use permit:
      1.   A conditional use permit may be issued only when the proposed use is shown as conditional in the zone where the conditional use will be located, or by another provision of this title.
      2.   Standards for each use must be reviewed. Specific standards are set forth for each use in subsections E2a through E2g of this section:
         a.   Standards for a reception center:
            (1)   Hours of operation must be compatible with adjoining uses and comply with Hurricane City noise regulations.
            (2)   Parking must be provided.
            (3)   The use of on street parking to provide up to forty percent (40%) of the required parking may be permitted if adjoining uses are not residential uses and the street is fully improved.
            (4)   The center must have an approved site plan.
            (5)   If beer, wine, or other alcoholic beverages are served, the center must be licensed by the State Alcohol Control Board.
         b.   Standards for an agricultural industry:
            (1)   Adequate fencing and/or enclosures must be provided to ensure animals and fowl are confined safely and in conformance with acceptable animal husbandry standards.
            (2)   Applicant must provide a plan for how manure will be handled to prevent it becoming a nuisance and must follow the plan.
            (3)   Evidence must be provided on how the applicant will maintain control of flies and vermin.
            (4)   Animal enclosures used for intensive animal feeding operations must be at least twenty-five feet (25') from any adjacent parcel that, at the time the Applicant first seeks the conditional use, is zoned Residential or Residential-Agricultural pursuant to Chapters 13 or 14 of this Title.
         c.   Standards for a public stable:
            (1)   Adequate fencing and/or enclosures must be provided to ensure horses are confined safely and in conformance with acceptable animal husbandry standards.
            (2)   Applicant must provide a plan for how manure will be handled to prevent it becoming a nuisance and must follow the plan.
            (3)   Evidence must be provided on how the applicant will maintain control of flies and vermin.
            (4)   Site must contain adequate off street parking for customers. All trailers must be contained on site.
            (5)   Barns must be located at least 30' from any adjacent parcel that, at the time the applicant first seeks a conditional use permit, is zoned Residential or Residential-Agricultural.
         d.   Standards for an assisted living facility:
            (1)   The facility shall comply with building, safety, and health regulations applicable to similar structures.
            (2)   The facility shall be licensed by the State of Utah.
            (3)   A site plan shall be approved for the facility to ensure adequate parking and landscaping are installed. (Ord. 2016-11, 11-17-2016)
         e.   Standards for greater heights than permitted by this Code:
            (1)   The height may not be greater than two (2) stories or 1.5 times the average height of the immediately adjacent buildings, whichever is greater and the building must be of compatible architecture with immediately adjacent buildings.
            (2)   A greater height conditional use permit may not be issued for a flag lot if the proposed structure is higher than the average height of all residential structures within a three hundred foot (300') radius of the proposed structure..
            (3)   A greater height accessory building must be set back a minimum of five feet (5') from side and rear property lines when the adjoining property is zoned or used for single family residential use.
         f.   Standards for greater size than permitted by this Code.
            (1)   The greater size building desired must be of compatible architecture with immediately adjacent buildings.
            (2)   At least fifty percent (50%) of the lot on which the building is located must remain free of buildings
            (3)   The building must be for a use permitted in the zone in which it is located.
         g.   Standards for animals and fowl for recreation and family food production:
            (1)   Adequate fencing must be provided to ensure animals and fowl are confined safely.
            (2)   Applicant must provide a plan for how manure will be handled to prevent it becoming a nuisance and must follow the plan.
            (3)   Evidence must be provided on how the applicant will maintain control of flies and vermin.
            (4)   The number of fowl will be limited by the point system used in section 10-37-15 of this title.
            (5)   Livestock numbers may be limited at the Administrator's discretion based on the size of the lot and the facilities available to contain and protect the animals.
         h.   Standards for metal buildings:
            (1)   In residential (R-1) zones the height and size may not be greater than permitted in the zone.
            (2)   The building must meet the following design standards:
               (A)   Exterior building materials shall be durable, require low maintenance, and be of the same or higher quality as surrounding developments.
               (B)   Details of proposed colors and materials, including color chips, samples, and colored building elevations, shall be shown on building plans when a development project application is submitted. Colors shall be compatible with surrounding structures.
               (C)   Reflective surfaces or colors which may produce excessive reflections or glare that may create a potential safety problem are prohibited.
               (D)   In a commercial zone the faces of the building visible from nearby streets must include architectural relief items of non-metal materials including wood, stone, or stucco. (Ord. 2017-14, 8-17-2017; amd. Ord. 2018-04, 4-5-2018)
         i.   Standards for animal specialties:
            (1)   Adequate fencing and/or enclosures must be provided to ensure animals are confined safely and in conformance with acceptable animal husbandry standards.
            (2)   Applicant must provide a plan for how manure will be handled to prevent it becoming a nuisance and must follow the plan.
            (3)   Evidence must be provided on how the applicant will maintain control of flies and vermin.
            (4)   Animal enclosures used for intensive animal feeding operations must be at least twenty-five feet (25') from any adjacent parcel that, at the time the Applicant first seeks the conditional use, is zoned Residential or Residential Agricultural pursuant to Chapters 13 or 14 of this Title.
         j.   Standards for Agritourism activities:
            (1)   Hours of operation must be compatible with adjoining uses and comply with Hurricane City noise regulations.
            (2)   On-site parking must be provided.
            (3)   The use of on street parking to provide up to forty percent (40%) of the required parking may be permitted if adjoining uses are not residential uses and the street is fully improved.
            (4)   In Agricultural zones, this use must be accessory to an established Agricultural use.
   F.   Appeal Of Decision: Any person adversely affected by a decision of the Planning Commission regarding the transfer, issuance, or denial of a conditional use permit may appeal such decision to the Appeal Board by filing written notice of appeal stating the grounds therefor within fourteen (14) days from the date of such decision.
   G.   Appeal of Decision by Zoning Administrator: Any decision of the Zoning Administrator regarding the issuance or denial of a conditional use permit, shall, upon request by the applicant within ten (10) days after a determination by the Zoning Administrator, be submitted for a de novo review and decision by the Planning Commission at their next available meeting.
   H.   Effect Of Approval: A conditional use permit shall not relieve an applicant from obtaining any other authorization or permit required under this title or any other title of this Code.
      1.   A conditional use permit may be transferred so long as the use conducted thereunder conforms to the terms of the permit.
      2.   Unless otherwise specified by the Planning Commission and subject to the provisions relating to amendment, revocation or expiration of a conditional use permit, a conditional use permit shall be of indefinite duration and shall run with the land.
   I.   Amendment: The procedure for amending any conditional use permit shall be the same as the original procedure set forth in this section.
   J.   Revocation: A conditional use permit may be revoked as provided in section 10-9-6 of this title.
      1.   In addition to the grounds set forth in section 10-9-6 of this title, any of the following shall be grounds for revocation:
         a.   The use for which a permit was granted has ceased for one year or more;
         b.   The holder or user of a permit has failed to comply with the conditions of approval or any City, State, or Federal law governing the conduct of the use;
         c.   The holder or user of the permit has failed to construct or maintain the site as shown on the approved site plan, map, or other approval materials; or
         d.   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.
      2.   No conditional use permit shall be revoked against the wishes of the holder or user of the permit without first giving such person an opportunity to appear before the Planning Commission and show cause as to why the permit should not be revoked or the conditions amended. Revocation of a permit shall not limit the City's ability to initiate or complete other legal proceedings against the holder or user of the permit.
   K.   Expiration: A conditional use permit shall expire and have no further force or effect if the building, activity, construction, or occupancy authorized by the permit is not commenced within one year after approval. (Ord. 2016-11. 11-17-2016; amd. Ord. 2017-14, 8-17-2017; Ord. 2017-16, 11-16-2017; Ord. 2018-04, 4-5-2018; Ord. 2018-12, 10-18-2018; Ord. 2018-14, 12-20-2018; Ord. 2019-10, 9-19-2019; Ord. 2020-03, 2-6-2020)