2-2-100 Conditional Use Permit

A. Purpose. The purpose of this chapter is to provide for a reasonable application, review, and approval process for land uses that are specified as "conditional," such that proposed new land uses meet County standards, State Law, and are properly integrated into the County through the imposition of conditions, based on standards. Standards are intended to mitigate the reasonably anticipated detrimental effects of a particular conditional use. Conditional uses shall be approved on a case-by-case basis provided the applicant adequately demonstrates that the reasonably anticipated detrimental effects of the proposed use can be mitigated through the imposition of reasonable conditions, based on standards in the ordinance. B. Authority. The Planning Commission is designated as the Land Use Authority to issue conditional use permits as provided in this section. C. Initiation. A property owner may request a conditional use permit as provided in this section. An agent of a property owner shall provide a notarized authorization. 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 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 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) A site plan/layout, drawn to scale, of existing and proposed buildings, conceptual building elevations showing building materials, conceptual stormwater design, parking/on-site circulation, landscaping, conceptual lighting plan, proposed access, and letters of assurance from utility companies of their ability to serve the site; and 5) Include on the site plan the adjoining property lines, owners of record, and uses within one hundred (100) feet of the subject property. f) Traffic impact analysis, if required by the County Engineer, Zoning Administrator, or the Planning Commission; g) A statement by the applicant demonstrating how the conditional use permit request meets the approval standards of section (E); h) Such other and further information or documentation as the Zoning Administrator may reasonably deem necessary for proper consideration and disposition of a particular application. 2. After the application is determined to be complete, the Zoning Administrator shall give a Class A notice of a public meeting before the Planning Commission as provided in Section 2-2-050 of this Chapter. 3. A staff report evaluating the application shall be prepared by the Zoning Administrator or his designee. 4. The Planning Commission shall hold a public meeting regarding the application. After due consideration the Planning Commission shall approve, approve with conditions, or deny the application if the standards of the applicable ordinances cannot be mitigated, and the approval standards set forth in Section (E) cannot be met through the imposition of conditions based on those standards. 5. After the Planning Commission makes a decision, the Zoning Administrator shall give the applicant a written letter of agreement of the decision, which includes the Planning Commission conditions of approval, the site plan, other associated plans/information that was part of the application, and a signature block demonstrating the applicant’s agreement to the approval. 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. Conditions may be imposed as necessary to prevent or minimize the anticipated detrimental effects of the use on adjacent properties and within the zoning district, or upon public facilities and services. Such conditions shall be expressly set forth in the approval authorizing a conditional use permit. 2. The Planning Commission may request additional information as may be reasonably needed to determine whether the requirements prescribed by this Code and other applicable Codes, can be met or need mitigation. 3. The following standards should be reviewed and considered in determining whether a conditional use permit application should be approved, approved with conditions, or denied: a) Compliance with Development Standards found in specific chapters of this Code b) Mitigation of reasonably anticipated detrimental effects arising from the conditional use including, but not limited to: 1. Decreased street service levels and/or traffic patterns including the need for street modifications such as dedicated turn lanes, traffic control devices, safety, street widening, curb, gutter and sidewalks, location of ingress/egress, lot surfacing and design of off-street parking and circulation, loading docks, as well as compliance with off-street parking standards. 2. Negative impacts on the adequacy of utility systems, service delivery, and capacities, including the need for such items as relocating, upgrading, providing additional capacity, or preserving existing systems. 3. Negative impacts on connectivity and safety for pedestrians and bicyclists. 4. Detrimental effects by the use due to its nature, including noise that exceeds sound levels normally found in residential areas, odors beyond what is normally considered acceptable within the district including such effects as environmental impacts, dust, fumes, smoke, odor, noise, vibrations; chemicals, toxins, pathogens, gasses, heat, light, electromagnetic disturbances, glare, and radiation. Detrimental effects by the use may include hours of operation and the potential to create an attractive nuisance. 5. Environmental impacts that increase the risk of contamination of or damage to adjacent properties and injury or sickness to people such as waste disposal, fire safety, geologic hazards such as fault lines, soil or slope conditions, liquefaction potential, site grading/topography, storm drainage/flood control, high ground water, environmental health hazards, or wetlands. 6. Modifications to signs and exterior lighting to assure proper integration of the use. 7. Incompatible designs in terms of use, scale, intensity, height, mass, setbacks, construction, solar access, landscaping, fencing, screening, and architectural design and exterior detailing/finishes and colors within the neighborhood in which the conditional use will be located. 8. Reduction in the tax base and property values. 9. Reduction in the current level of economy in governmental expenditures. 10. Insufficient emergency fire service and emergency vehicle access as determined by the County Fire Marshall. 11. Reduction in usable open space 12. Inadequate maintenance of the property and structures in perpetuity including performance measures, compliance reviews, and monitoring. F. Appeal. Any person adversely affected by a final decision of the Planning Commission regarding the transfer, issuance or denial of a conditional use permit may appeal that decision to the Hearing Officer as provided in Section 2-2-190 of this Code. G. Effect of Approval. A conditional use permit shall not relieve an applicant from obtaining any other authorization or permit required under this Code or any other Code of the Box Elder County Code and other applicable provisions of the Box Elder County Code. 1. A conditional use permit may be transferred so long as the use conducted there under 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 so long as the use continues. H. Amendment. Except as may be provided elsewhere in this Code, no element of an approved conditional use permit shall be changed or modified without first obtaining approval of an amended conditional use permit as follows: 1. Alteration or expansion of an approved conditional use permit may be permitted by the Zoning Administrator upon making the following findings: a. The proposed amendment does not relate to a matter specifically required as a condition of approval by the approving authority; b. Any proposed change of use is consistent with uses permitted on the site; c. Existing uses were permitted when the conditional use permit was approved, or have received a site plan permit; d. The proposed use and site will conform to applicable requirements of the Box Elder County Code; e. The proposed alteration or expansion meets the approval standards of Subsection 2-2-100(E) of this section; f. The architecture of the proposed alteration or expansion, and landscaping, site design and parking layout are compatible with facilities existing on the site; and g. The site can accommodate any change in the number of employees on the site or any change in impact on surrounding infrastructure. 2. If the zoning Administrator cannot make the findings required in the foregoing subsection, a conditional use permit or amended site plan, as the case may be, shall be approved before any alteration or expansion occurs. 3. Except as provided in Subsection (1) of this section, the procedure for approval of an amended conditional use permit shall be the same as the procedure for approval of an original conditional use permit as set forth in this section. I. Revocation. A conditional use permit may be revoked as provided in Section 2-4-070 of this Code. 1. In addition to the grounds set forth in Section 2-4-070 B of this Code, any of the following shall be grounds for revocation: a) The use for which a permit was granted has ceased for one (1) year or more; b) The holder or user of a permit has failed to comply with the conditions of approval or any County, 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 or map; or d) The operation of the use 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 amended or revoked. Revocation of a permit shall not limit the County's ability to initiate or complete other legal proceedings against the holder or user of the permit. J. Expiration. A conditional use permit shall expire and have no further force or effect if the building, foundation and site grading, activity, construction or occupancy authorized by the permit is not commenced within one hundred eighty (180) days after approval, and not completed within two (2) years, or if abandoned.