10-7-7 DETERMINATION

1. The Planning Commission, or upon authorization, the Zoning Administrator, may permit a use to be located within a zoning district in which a conditional use permit is required by the use regulations of that zoning district or elsewhere in these ordinances. The Zoning Administrator is also authorized to issue conditional use permits for family food production and the raising of horses, when appropriate, but may also defer any such application to the Planning Commission for its determination, in the sole discretion of the Zoning Administrator. In authorizing any conditional use the Planning Commission or Zoning Administrator shall impose such requirements and conditions as are necessary for the protection of adjacent properties and the public welfare. The Planning Commission or Zoning Administrator shall only approve with conditions, or deny a conditional use based upon written findings of fact with regard to each of the standards set forth below and, where applicable, any special standards for conditional uses set forth in a specific zoning district. The Planning Commission or Zoning Administrator shall not authorize a conditional use permit unless the evidence presented is such as to establish: a) The proposed use is one of the conditional uses specifically listed in the zoning district in which it is to be located; b) That such use will not, under the circumstances of the particular case, be detrimental to the health, safety, comfort, order or general welfare of persons residing or working in the vicinity; c) That the use will comply with the intent, spirit, and regulations of these ordinances and is compatible with and implements the planning goals and objectives of the City, including applicable City master plans; d) Make the use harmonious with the neighboring uses in the zoning district in which it is to be located; e) That nuisances which would not be in harmony with the neighboring uses, will be abated by the conditions imposed; f) That protection of property values, the environment, and the tax base for Wendover City will be assured; g) That the conditions shall be in compliance with the current comprehensive General Plan of Wendover City; h) That some form of a guarantee is made assuring compliance to all conditions that are imposed; i) That the conditions imposed are not capricious, arbitrary or contrary to any precedence 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 ordinance; j) The internal circulation system of the proposed development is properly designed; k) Existing and proposed utility services are adequate for the proposed development; l) Appropriate buffering is provided to protect adjacent land uses from light, noise and visual impacts; m) Architecture and building materials are consistent with the development and compatible with the adjacent neighborhood; n) Landscaping is appropriate for the scale of the development; o) The proposed use preserves historical, architectural and environmental features of the property; and p) Operating and delivery hours are compatible with adjacent land uses.