10-20-2 Conditional Use Permit Procedure

A. Intent: The purpose of this section is to provide a system for the discretionary applications for conditional use permits in order to preserve and enhance neighborhood character and to protect the public health, safety and general welfare. B. Application: All applications for conditional uses shall be processed with the uniform procedures of this subsection. Applications are heard before the planning commission. 1. Requirements; Fee: A complete application, meeting the requirements established by the planning commission shall be submitted to the zoning administrator along with the fee established by city council resolution. The application shall be accompanied by proof that the person submitting the application either owns the subject property or the applicant has the consent of the owner of the subject property. 2. Public Hearing Required: The planning commission shall hold a duly noticed public hearing in conformance with section 10-3-9 of this title. (3-2020, 5-19-20) C. Planning Commission Action: The planning commission may approve or conditionally approve a conditional use permit only upon substantiating the following findings: 1. The use is compatible with surrounding land uses and will not interfere with the use and enjoyment of adjoining properties. 2. The streets providing access and other infrastructure to the subject property have adequate capacities or a suitable level of service for the conditional use. 3. Access to adjoining streets is designed to be constructed in conformance with this title. 4. The proposed conditional use provides adequate off-street parking and landscaping in conformance with this title. (Ord., 1-22-2002) D. Issuance of Approved Conditional Use Permit: Upon approval of the application for a conditional use permit, the zoning administrator shall prepare the permit, a written decision with findings supporting the issuance of the permit, and the conditions of the permit, if any. The permit shall be signed by the applicant and notarized. (Ord. 04-12-14, 1-11-2005, eff. retroactive to 12-14-2004) (1-2023, 3-21-23) E. Conditional Use Appeals: In addition to those conditional use applications referred to the city council, the city council may call up for review any proposed conditional use which has been acted upon by the planning commission within twenty one (21) days of its action. The basis for the appeal may not merely appeal the action of the commission, but shall be specific as to conditions, findings or new information that was not made available to the commission. If the project was conditionally approved and specific conditions are being appealed, the request for an appeal shall specify the conditions being appealed and reasons for the appeal. If the project was denied, the request for appeal shall specify the findings used by the commission that have generated the appeal request. After giving notice according to subsection B2 of this section, the city council shall hold a public hearing on the appeal. The city council shall, within thirty (30) days of the public hearing or within such time as is mutually agreed by the city council and applicant, either grant the appeal, in whole or in part, with or without modification and conditions, or deny the appeal. Said appeal decision of the city council shall be communicated to the applicant in writing within thirty (30) days of the public hearing or within such time as is mutually agreed by the city council and the applicant. (4-2010, 7-13-10) F. Abandonment or Vacation of Conditional Use: Any use for which a conditional use permit was issued pursuant to this title shall be deemed to be voided and no longer active or valid if said conditional use is abandoned or vacated for a period of one year. (Ord., 1-22-2002) G. Planning Commission may Approve Extension of Time: The planning commission may grant an extension of time not to exceed a cumulative total of twenty four (24) months from the original permit expiration date if the conditional use meets the requirements of subsection C of this section. (Ord. 04-12-14, 1-11-2005, eff. retroactive to 12-14-2004) H. Revocation: The city shall have the following remedies and conditional use enforcement powers: 1. Revoke Permits: The zoning administrator may revoke a conditional use permit when there is a departure from the plans, specifications or conditions as required under the terms of the permit. The zoning administrator shall provide the permit holder with a written notice of permit revocation containing specific findings that show the cause for revocation. Either before or after permit revocation, the planning commission shall schedule a hearing and provide notice of the hearing to the permit holder in conformance with Utah Code Annotated as amended, and subsection B2 of this section (if notice was not already provided in the notice of permit revocation,) to allow the permit holder the opportunity to show why the permit should not be revoked. 2. Stop Work Orders: With or without revoking permits, the zoning administrator may order work stopped on any structure or improvement that violates the terms of a conditional use permit. The zoning administrator shall provide the permit holder with a written notice of the stop work order containing specific findings that show the cause for revocation. Either before or after the stop work order issues, the planning commission shall schedule a public hearing and provide notice of the hearing to the permit holder in conformance with Utah Code Annotated, and subsection B2 of this section (if notice was not already provided in the stop work order,) to allow the permit holder the opportunity to show why the work should not be revoked. (Ord., 1-22-2002; amd. Ord. 05-01-11, 1-11-2005, eff. retroactive to 5-13-2003; Ord. 04-12-14, 1-11-2005, eff. retroactive to 12-14-2004) 3. Injunctive Relief: The city may seek an injunction or other equitable relief in court to stop any violation of a permit, certificate or other form of authorization granted hereunder. (Ord., 1-22-2002)