CHAPTER 1.25
CONDITIONAL USE PERMIT


Sections:

1.25.005 Purpose.
1.25.010 Permit Required.
1.25.015 Submission of Application.
1.25.020 Form and Contents of Required Documents.
1.25.025 Public Notice.
1.25.030 Designation of Land Use Authority.
1.25.035 Review and Approval Procedures.
1.25.040 Factors to Be Considered.
1.25.045 Approval Standards.
1.25.050 No Presumption of Approval.
1.25.055 Reasonable Conditions Imposed.
1.25.060 Entitlements.
1.25.065 Revocation.
1.25.070 Appeals.

1.25.005 PURPOSE. 
The purpose of a Conditional Use is to allow the proper integration into the City of land uses which may be suitable only in certain locations in the City or zoning district, or only if such uses are designed or laid out on the site in a particular manner.

1.25.010 PERMIT REQUIRED.
A Conditional Use Permit shall be required for all uses listed as Conditional Uses in the zoning district use regulations or elsewhere in this Title.

1.25.015 SUBMISSION OF APPLICATION.

A. Only property owners or their duly authorized agents shall make application for a Conditional Use Permit on forms approved by the Zoning Administrator.

B. No Conditional Use application shall be processed without the submission of the application, all the supporting materials as required by this Chapter, and the processing fee. Incomplete applications shall not be processed under any circumstances. The time frame for when an application shall be submitted in order to be heard at a Land Use Authority meeting shall be set by policy of the Zoning Administrator.

C. The application for Conditional Use Permit approval shall include the following:

1. All documents required in Section 1.25.020 below.

2. Payment of the applicable fee as set by Resolution of the City Council.

1.25.020 FORM AND CONTENTS OF REQUIRED DOCUMENTS.  The Conditional Use Permit application shall be submitted with the materials listed in this Section. The Zoning Administrator may determine and require that additional items not listed herein be submitted in order to evaluate the proposed Conditional Use application.  The number of hard copies shall be determined by the Zoning Administrator.

A. Written Statement.  A written statement explain details surrounding the proposed Conditional Use Application and how the application is consistent with all of the standards and requirements of this Chapter and other applicable Sections of this Title.

B. Additional Documents.  Depending upon if the Conditional Use application is being proposed in an existing building or if the proposed Conditional Use also requires a Site Plan Permit, the Zoning Administrator or Planning Commission may require additional documents to be submitted.  As a guide to determining applicable documents to be submitted the Zoning Administrator or Planning Commission may use the documents required for submission for a Site Plan Permit.

1.25.025 PUBLIC NOTICE.

A. Zoning Administrator. No public meeting to be held or notice required for Conditional Use Applications in which the Zoning Administrator is the Land Use Authority.

B. LUAB- Public Meeting. A public meeting shall be held for Conditional Use Applications in which the Land Use Authority Board is the Land Use Authority. Twenty-four (24) hour notice of a public meeting posted in at least three (3) public places or the City website and Utah public notice website. No public hearing is required.

C. Planning Commission- Public Meeting. A public meeting shall be held for Conditional Use Applications in which the Planning Commission is the Land Use Authority. Twenty-four (24) hour notice of a public meeting posted in at least three (3) public places or the City website and Utah public notice website. No public hearing is required.

D. Notice to Applicant. Pursuant to Utah Code Annotated 10-9a-202 the Zoning Administrator shall: notify the Applicant of the date, time, and place of each public meeting to consider their Conditional Use application; provide to each Applicant a copy of each staff report, if a report is prepared, regarding their Conditional Use application at least three (3) business days before the public meeting; and notify the Applicant of any final action on their Conditional Use application.

1.25.030 DESIGNATION OF LAND USE AUTHORITY.

A. Zoning Administrator. The Zoning Administrator shall be the Land Use Authority for the following Conditional Use Permits: Communications Facility Permit, Small Wind Energy System Permit; Minor Home Occupation Permits; Small Commercial, Residential, Accessory Rental or Guest Apartment within the Primary Dwelling; Fireworks Stand; Christmas Tree Stand; other temporary or seasonal uses. The Zoning Administrator is authorized to bring any Conditional Use Permit application before the Land Use Authority Board or Planning Commission if, in their opinion, the general public interest will be better served by review and approval of the Land Use Authority Board or Planning Commission.

B. Land Use Authority Board. The Land Use Authority Board shall be the Land Use Authority for: any Conditional Use Permits in which the Zoning Administrator has forwarded to the Land Use Authority Board and for Conditional Use Permit which are also subject to the Site Plan Permit.  The Land Use Authority Board; is authorized to bring any Conditional Use Permit application before the Planning Commission if, in their opinion, the general public interest will be better served by review and approval of the Planning Commission.

C. Planning Commission. The Planning Commission shall be the Land Use Authority for: any Conditional Use Permits in which the Land Use Authority Board has forwarded to the Planning Commission, Major Home Occupations Permits, Sexually Oriented Businesses, Additional Large Livestock (See 1.07.025 of this Title); and other Conditional Use Permits that are not subject to the Site Plan Permits. The Planning Commission; is authorized to bring any Conditional Use Permit application before the City Council if, in their opinion, the general public interest will be better served by review and approval of the City Council.

1.25.035 REVIEW AND APPROVAL PROCEDURES.

A. Zoning Administrator’s Review- Application. The Zoning Administrator shall review each application submitted to determine the completeness of the application. The Zoning Administrator shall forward complete applications for review and consideration of approval and incomplete application shall be returned to the applicant with a list of the deficiencies.

B. Land Use Authority’s Review. As designated in 1.25.025 of this Chapter, the Land Use Authority shall review the proposed Conditional Use application and shall grant approval of Conditional Use application after the Land Use Authority is satisfied that the reasonably anticipated detrimental impacts of a proposed Conditional Use shall be mitigated and that all of the standards and requirements of this Chapter and other applicable Sections of this Title shall be met. Approval of a Conditional Use application shall be in the form of a letter to the applicant which, together with the approved site plan, if required, shall constitute the Conditional Use Permit. If the Land Use Authority denies the Conditional Use Application explicit and careful Findings of Fact shall be enumerated for the record as to why the reasonably anticipated detrimental impacts of a proposed Conditional Use could not substantially be mitigated by the proposal or the imposition of reasonable conditions to achieve compliance with applicable standards.  Approval of a Conditional Use Permit is an Administrative Decision.

1.25.040 FACTORS TO BE CONSIDERED.  In considering an application for a Conditional Use Permit, the Land Use Authority may analyze any of the following factors and may request information, studies or data with respect to such factors for the purpose of determining whether a proposed Conditional Use meets the standards set forth in this Chapter:

A. The suitability of the specific property for the proposed use;

B. The development or lack of development adjacent to the proposed site and the harmony of the proposed use with existing uses in the vicinity;

C. Whether or not the proposed use or facility may be injurious to potential or existing development in the vicinity;

D. The economic impact of the proposed facility or use on the surrounding area;

E. The aesthetic impact of the proposed facility or use on the surrounding area;

F. The present and future requirements for transportation, traffic, water, sewer and other utilities for the proposed site and surrounding area;

G. The safeguards proposed or provided to ensure adequate utilities, transportation access, drainage, parking, loading space, lighting, screening, landscaping, open space, fire protection and pedestrian and vehicular circulation;

H. The safeguards provided or proposed to prevent noxious or offensive omissions such as noise, glare, dust, pollutants and odor from the proposed facility or use;

I. The safeguards provided or proposed to minimize other adverse effects from the proposed facility or use on persons or property in the area; and

J. The impact of the proposed facility or use on the health, safety and welfare of the City, the area and persons owning or leasing property in the area.

1.25.045 APPROVAL STANDARDS.  The following standards shall be used when approving a Conditional Use Permit:

A. A Conditional Use Permit shall not be authorized unless evidence presented demonstrates the proposed use shall comply with the following standards and any other standards set forth elsewhere in this Title for a particular Conditional Use:

1. The Conditional Use is authorized in the zoning district where the use is proposed;

2. The Conditional Use is consistent with the general plan, as amended;

3. Existing or proposed utility services are adequate to serve proposed Conditional Use and are designed in a manner that shall not adversely affect adjacent property or land uses;

4. The Conditional Use shall not create a need for essential municipal services which cannot be reasonably met;

5. Streets and other means of access to Conditional Use are adequate to carry anticipated traffic and shall not materially degrade the level of service on adjacent streets;

6. The Conditional Use shall not cause unreasonable risks to the safety of persons or property because of vehicular traffic or parking, large gatherings of people, or other causes;

7. The Conditional Use shall not unreasonably interfere with the lawful use of surrounding property;

8. Fencing, screening and landscaping, and other adequate buffering, is provided as needed to protect adjacent property from light, noise (see Chapter 1.20 Noise Regulations) and visual impacts associated with the proposed use;

9. The Conditional Use shall not be detrimental to the health, safety or general welfare of persons residing in the vicinity, or injurious to property or improvements in the vicinity;

10. The Conditional Use meets any of the Supplementary Regulations that are enumerated in Chapter 1.19 of this Title; and

11. The Conditional Use shall not violate noise regulations of this Title.

B. If a proposed Conditional Use does not comply with the foregoing standards, the approving authority may impose reasonable conditions to mitigate or eliminate the detrimental impacts of the Conditional Use so that the Conditional Use complies with the foregoing standards. Such conditions shall be expressly set forth in the decision approving the Conditional Use Permit.

1.25.050 NO PRESUMPTION OF APPROVAL.
The listing of a Conditional Use in any district or elsewhere in this Title does not constitute an assurance that such Conditional Use shall be approved. Rather, each proposed Conditional Use shall be evaluated on an individual basis to determine if it complies with the standards set forth in this Chapter, the standards for the district where the proposed use shall be located, and any standards applicable to the proposed use. If the reasonably anticipated detrimental impacts 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 Conditional Use may be denied in accordance with UCA 10-9a-507 (2) (b).

1.25.055 REASONABLE CONDITIONS IMPOSED. The Land Use Authority may permit a Conditional Use to be located within any district in which the particular Conditional Use is allowed by the use regulations of this Title. In authorizing any Conditional Use, the Land Use Authority shall impose such requirements and conditions as required by law and any additional conditions as may be necessary for the protection of adjacent properties and the public welfare. Such conditions of approval may include, but shall not be limited to, limitations or requirements as to a street dedication, the height, size, location and design of structures, landscaping, density, ingress/egress, fencing, parking, screening, buffering parking, hours of operation, or lighting. Height, density and size requirements for structures in each zone are maximums and may be reduced or modified as conditions to the approval of any Conditional Use application.  Therefore, the Land Use Authority has the authority to impose reasonable conditions upon a Conditional Use Application, provided that:

A. The conditions are not arbitrary or capricious;

B. The Planning Commission and/or the Land Use Authority Board find that the conditions are necessary to promote the health, safety or welfare of the citizens of Tremonton;

C. The conditions do not conflict with any applicable law; or

D. The conditions that are exactions imposed are in compliance with Utah Code 10-9a-508 as amended by the Utah Legislature.

1.25.060 ENTITLEMENTS.

A. Validity. The approval of a Conditional Use Permit shall authorize a land use in accordance with any conditions of the permit except as follows:

1. Permit Issued in Conflict.  In accordance with 1.01.025 any Conditional Use Permit approved which is in conflict with this Title shall be null and void.

2. Revocation. Conditional Use Permit may be revoked (See Section 1.25.065) if: terms of the permit are violated; if the use causes disruption to surrounding properties; or if the use is not maintained or abandon (See Chapter 1.01 regarding Abandonment).

3. Expiration.  A Conditional Use Permit shall expire one (1) year after the date of the approval and shall be null and void unless the property owner or their duly authorized agent has obtained a Building Permit, where required, or Business Licenses or other permits or license required for the operation. A one (1) year extension may be granted if the application for extension and the filing fee is received by the Zoning Administrator prior to the expiration date as is set out above.

B. Additional Permits. Property owners or their duly authorized agents are entitled to make application for a Building Permit, where required or Business Licenses or other permits or license required for the operation once a Conditional Use Permit has been approved.

1.25.065 REVOCATION.
A Conditional Use Permit may be revoked by the Planning Commission upon failure to comply with the conditions of the permit or for any violation of this Title occurring on the site for which the permit was approved. Prior to taking action concerning revocation of a Conditional Use Permit, a meeting shall be held by the Planning Commission. Notice of the meeting and the grounds for consideration of revocation shall be mailed to the permittee at least ten (10) days prior to the hearing.

1.25.070 APPEALS.

A. Appeal Process Conditional Use Permits. Any person aggrieved by the decision of any part of the Conditional Use Permit approval process may appeal in accordance with Chapter 1.04.

B. Appealing Zoning Administrator’s Decision.  The Appeal Authority and deadline for filing an appeal for a Zoning Administrator’s Decision shall be as follows:

1. First Appeal. Person has ten (10) days to appeal the decision of the Zoning Administrator to the Planning Commission.

2. Second Appeal. Person has ten (10) days to appeal the decision of the Planning Commission to the City Council.

3.  Third Appeal.  Person has thirty (30) days to appeal the decision of the City Council to District Court. (See Utah Code 10-9a-801).

C. Appealing Land Use Authority Board’s Decision.  The Appeal Authority and deadline for filing an appeal for a Land Use Authority Board’s Decision shall be as follows:

1. First Appeal. Person has ten (10) days to appeal the decision of the Land Use Authority Board to the Planning Commission.

2. Second Appeal. Person has ten (10) days to appeal the decision of the Planning Commission to the City Council.

3.  Third Appeal.  Person has thirty (30) days to appeal the decision of the City Council to District Court. (See Utah Code 10-9a-801).

D. Appealing Planning Commission’s Decision.  The Appeal Authority and deadline for filing an appeal for a Planning Commission’s Decision shall be as follows:

1. First Appeal. Person has ten (10) days to appeal the decision of the Planning Commission to the City Council.

2. Second Appeal.  Person has thirty (30) days to appeal the decision of the City Council to District Court. (See Utah Code 10-9a-801).

3. Third Appeal.  None.

ORD 13-05