7-5 Determination

(1) The planning commission, or upon authorization, the zoning administrator, shall approve a conditional use permit if reasonable conditions can be imposed to mitigate the reasonably anticipated detrimental effects of the proposed use in accordance with applicable standards in which a conditional use permit is required by the use regulations of that zoning district or elsewhere in these ordinances. (2) In authorizing any conditional use the planning commission or zoning administrator shall impose such requirements and conditions as are necessary for protection of adjacent properties and the public welfare. The land use authority may impose conditions that are found necessary to ensure that the use is compatible with other uses in the vicinity, and that the negative impact of the proposed use on the surrounding uses and public facilities is minimized. These conditions may include the following: (a) assuring that the use will not be detrimental to the health, safety, comfort, order or general welfare of persons residing or working in the vicinity; (b) the use will: (i) comply with the intent, spirit and regulations of the Tooele County Land Use Ordinance and the zoning district where the use is to be located; (ii) make the use harmonious with the neighboring uses in the zoning district; (c) the site size, dimensions, location, topography and access are adequate for the needs of the proposed use, considering the TOOELE COUNTY LAND USE ORDINANCE – CHAPTER 7 proposed building mass, parking, traffic, noise, vibration, exhaust/emissions, light, glare, erosion, odor, dust, visibility, safety, and aesthetic considerations; (d) all required public facilities have adequate capacity to serve the proposal; (e) limiting the hours, days, place and/or manner of operation; (f) requiring site or architectural design features which minimize environmental impacts such as noise, vibration, exhaust/emissions, glare, erosion, odor and/or dust; (g) requiring larger setback areas, lot area, and/or lot depth or width; (h) limiting the building height, size or lot coverage, and/or location on the site; (i) designating the size, number, location and/or design of vehicle access points or parking areas; (j) requiring street right-of-way to be dedicated and street(s), sidewalks, curbs, planting strips, pathways, or trails to be improved provided that: (i) an essential link exists between a legitimate governmental interest and each exaction; and (ii) each exaction is roughly proportionate, both in nature and extent, to the impact of the proposed development; (k) requiring landscaping, screening, drainage, water quality facilities, and/or improvement of parking and loading areas; (l) limiting the number, size, location, height and/or lighting of signs; (m) limiting or setting standards for the location, design, and/or intensity of outdoor lighting; (n) requiring berms, screening or landscaping and the establishment of standards for their installation and maintenance; (o) requiring and designating the size, height, location and/or materials for fences; (p) encouraging the protection and preservation of natural features including existing trees, soils, vegetation, watercourses, habitat areas, drainage areas, historic resources, slopes, cultural resources, and/or sensitive lands; (q) requiring the protection and preservation of groundwater recharge areas; (r) limiting noise generation; (s) minimizing environmental impacts to identified wetlands, wildlife habitat, air and water quality, cultural resources, and scenic qualities; (t) turn-lane improvements at street intersections may be required when: (i) an unsafe condition would be created by the development without the improvements; or (ii) the projected increase in traffic generated by the new or expanded use will lower the level of service; (u) providing for emergency response access; (v) requiring pedestrian, bicycle and transit circulation, including related facilities, as needed among buildings and related uses on the development site, as well as to adjacent and nearby residential areas, transit stops, neighborhood activity centers, office parks, and industrial parks; (w) the conditions shall be in compliance with the general plan of Tooele County; and (3) The land use authority shall establish that the conditions imposed are not capricious, arbitrary or contrary to any precedent set by the planning commission on prior permits, which are similar in use and district, unless prior approvals were not in accordance with the provisions and standards of this Tooele County Land Use Ordinance. (4) The land use authority may require that a traffic study or an EIS or EA may be required to address one or more of these criteria. (5) 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 applicable standards the conditional use may be denied. (6) A conditional use permit shall not be issued if the applicant has made a false, misleading or deceptive statement in providing the information required. (Ord 200522, 9/13/05)