2-2-090 Permitted Use Review

A. Purpose. This section sets forth procedures for reviewing permitted uses in all zones to determine compliance with applicable requirements of this Code. B. Authority. The Zoning Administrator is authorized to review and approve applications for permitted uses in all zones as set forth in this section. . C. Initiation. A property owner or a lessee may request a permitted use review as provided in this section. An agent or lessee of a property owner shall provide a notarized authorization. D. Procedure. Permitted use applications shall be considered and processed as provided in this subsection. 1. A complete application shall be submitted to the Zoning Administrator in a form established by the Administrator along with any fee established by the County’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 number of the subject property; c. The zone, zone boundaries and present use of the subject property; d. A plot plan (drawn to scale) 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; 5) Adjoining property lines and uses within one hundred (100) feet of the subject property; e. A description of the proposed use; and f. Other information needed to demonstrate the permitted use conforms to applicable provisions of this Code. 2. After an application is determined to be complete, the Zoning Administrator shall approve, approve with conditions, or deny the application pursuant to the standards set forth in Section 2-2-090(e) below. Any conditions of approval shall be limited to conditions needed to conform the permitted use to approval standards. 3. After making a decision, the Zoning Administrator shall give the applicant written notice of the decision. 4. A record of all permitted use reviews shall be maintained in the office of the Zoning Administrator. E. Approval Standards. The following standards shall apply to approval of a permitted use. 1. A permitted use shall: a. Be allowed as a permitted use in the applicable zone; b. Conform to development standards of the applicable zone; c. Conform to applicable regulations of general applicability and regulations for specific uses set forth in this Code; and d. Conform to any other applicable requirements of Box Elder County Ordinances. 2. Conditions may be imposed as necessary to achieve conformance with applicable code requirements. 3. If proposed development is located on a lot or parcel which has been subdivided without County approval: a. A subdivision plat shall be approved and recorded as a condition of approval, and b. Street improvements shall be provided as required by the Box Elder County Public Works Standards and other applicable requirements of Box Elder County Ordinances. F. Appeal. Any person adversely affected by a final decision of the Zoning Administrator regarding a permitted use review may appeal that decision to the Hearing Officer as provided in Section 2-2-190 of this Code. G. Effect of Approval. Approval of a permitted use shall authorize an applicant to engage in the permitted use subject to any conditions of approval. Approval of a permitted use shall not be deemed an approval of any conditional use permit, site plan or other permit. Approval of such permits shall be obtained in accordance with applicable provisions of this Code and to any other applicable requirements of Box Elder County Ordinances. H. Amendment. The procedure for amending any permitted use approval shall be the same as the original procedure set forth in this section. I. Revocation. A permitted use approval may be revoked as provided in Section 2-4-070 B of this Code. M. Expiration. Except as otherwise provided in this Code, a permitted use approval shall expire and have no further force or effect if the building, activity, construction or occupancy authorized by the approval is not commenced within one hundred eighty (180) days after approval or not completed within two (2) years.