The purpose of this chapter is to provide for the regulation of certain uses to ensure their compatible integration in the land use pattern of the county. (2004 Code § 10.08.010; amd. 2015 Code)

An approved conditional use permit shall be required for each conditional use listed in this title prior to commencement of such use. When a conditional use permit is required, no building permit or other permit or license shall be issued by any officer or employee of the county, unless a conditional use permit shall first have been issued by the planning commission or zoning administrator. The zoning administrator may only issue conditional use permits for the type of conditional uses previously authorized by the planning commission. Applications for conditional use permits indicating a total project value of five hundred thousand dollars ($500,000.00), or greater, are automatically referred to the board of county commissioners for final approval. (Ord. 2015-04, 4-6-2015)

Application for a conditional use permit shall be made at the office of the planning commission on forms provided for that purpose. The application for a conditional use permit shall require, but shall not be limited to, the following information:

   A.   The name, business name and address of the applicant.

   B.   The name and address of the manager or contact person for the applicant.

   C.   Two (2) copies of a plot plan with a legal description.

   D.   The present zone classification for the property.

   E.   A description of the proposed project and use of the land.

   F.   An estimate of the number of employees and the type of equipment and buildings to be used.

   G.   An estimate of the total project valuation.

   H.   An estimate of the time required for construction of the project, including the time required for construction of each phase if construction is to be made in phases.

   I.   A listing of all permits that may be required by state or federal agencies, with copies of such permits to be submitted to the planning commission, as soon as they are available.

   J.   A listing of all utilities which will be in place before, during and after construction.

   K.   Such other pertinent information as needed by the zoning administrator or the planning commission to evaluate the application. (2004 Code § 10.08.030)

In addition to those minimum requirements set forth in section 9-17-3 of this chapter, applications for conditional use permits for agricultural or commercial purposes shall set forth:

   A.   A description of transportation needs and proposed routes.

   B.   A proposed plan for disposition of waste products, including a legal description of lands that will be used for animal waste disposal.

   C.   An estimate of the number of livestock, if any, to be used in the proposed operation.

   D.   A proposed disposition of dead animals, if any, other than those to be slaughtered and processed for sale.

   E.   Such other pertinent information, as needed by the zoning administrator or planning commission to evaluate the application. (2004 Code § 10.08.040)

The applicant for a conditional use permit shall prepare a site plan of the proposed buildings, fences, landscaping, automobile parking and loading areas, and any other information the planning commission may deem necessary to evaluate the proposed uses and the physical relationship of the uses. (2004 Code § 10.08.050)

The application for any conditional use permit shall be accompanied by the appropriate fee, as set by resolution of the board of county commissioners. (2004 Code § 10.08.060)

The planning commission may grant an application for a conditional use permit without first holding a public hearing. A hearing may be held, however, when the planning commission shall deem it to be necessary or desirable to serve the public interest. (2004 Code § 10.08.070)

   A.   Approval, Denial By Planning Commission: The planning commission may approve or deny a conditional use application. The planning commission shall impose such regulations and conditions as are necessary to protect the public welfare, to accomplish the purposes of the general plan and this title, and to contribute to the general well being of the community. If an applicant meets those conditions imposed by the planning commission, the planning commission shall issue a conditional use permit subject to the conditions so imposed. (Ord. 2008-04, 4-7-2008)

   B.   Required Findings: The commission shall record the decision in writing and shall recite therein the findings upon which such decision is based. The commission may approve and/or modify a conditional use permit application in whole or in part, with or without conditions, only if the applicant has certified that the proposed use complies with the following findings:

      1.   The proposed use is allowed by conditional use within the proposed zoning district and meets all of the requirements of this code;

      2.   The proposed use will preserve the integrity and character of the zoning district;

      3.   The location is physically suitable for the type of use for which it is being proposed;

      4.   The proposed use is compatible with existing and future land uses within the general area;

      5.   The proposed use is compatible in scale, mass, coverage and density with neighboring land uses;

      6.   There are adequate provisions for water, sanitation, public utilities and services to ensure that the proposed use will not be harmful to public health and safety;

      7.   Will the use create harmful effects within the surrounding area?;

      8.   Was a market/feasibility study required?;

      9.   Will the proposed use have a significant or harmful effect upon environmental quality and/or natural resources?;

      10.   Are there negative impacts of the proposed use? If so, how can they be minimized?;

      11.   Will the proposed location, size, design and/or operating characteristics be detrimental to public interests, health, safety, convenience or welfare of Beaver County?

   C.   Denial: In denying a conditional use permit, the planning commission shall set forth specifically in writing the reasons for such denial and provide the applicant with a copy of the planning commission's written decision. (Ord. 2016-11, 11-7-2016)

Notice of conditional use permit applications may be published at such times or in such manner as deemed necessary by the planning commission. (2004 Code § 10.08.090)

Appeal of any decision of the planning commission shall be to the board of adjustment. Appeal shall be in writing, and shall be filed at the office of the board of appeal not more than ten (10) business days after the decision by the planning commission. The board of appeal may affirm, modify or reverse the decision of the planning commission. However, the board of appeal shall present, in writing, the reasons for its action. (2004 Code § 10.08.100; amd. 2015 Code; Ord. 2022-07, 10-4-2022)

The building official shall inspect the lot on which a conditional use permit is issued during construction of any improvements, to ensure that all improvements comply with the conditions of the conditional use permit. (2004 Code § 10.08.110)

Action authorized by a Conditional Use Permit must commence within one (1) year of the time the permit is issued. If the permit holder fails to comply with the conditions imposed, if the intended use of the project changes or is significantly altered, or the project has not commenced action under the permit within this time, the permit shall expire. The Planning Commission may grant a single, one-year extension for good cause shown. In order to obtain an extension, the permit holder must apply in writing, describing the cause for the extension and submit to the Planning Commission Office, prior to the expiration of the original permit. (Ord. 2016-11, 11-7-2016; amd. Ord. 2021-07, 7-6-2021)

   If any of the approved uses or activities cease, for any reason, for a continuous period of one year, the conditional use permit shall automatically terminate, as having been abandoned. A new conditional use permit must be granted prior to continuance of the conditional use.

(Ord. 2024-07, 10-1-2024)

   A conditional use permit is not generally transferable and applies to the owner and property described in the original application or permit. However, a person who purchases property for the purpose of continuing a conditional use previously granted, may be allowed to transfer the permit under the same conditions upon approval of the planning commission.

(2004 Code § 10.08.130 amd. Ord. 2024-07, 10-1-2024)

   A conditional use permit for a temporary construction camp may be issued by the planning commission for a time limit not exceeding the period of construction, plus six (6) months. The applicant, in addition to submitting the development plan in accordance with section 9-17-5 of this chapter, shall also submit plans for the water supply and sewage systems, and shall obtain the approval of the board of health and building official.

(2004 Code § 10.08.140; amd. Ord. 2024-07, 10-1-2024)

   A.   Application For Permit: A landowner may apply for a conditional use permit for a temporary worker housing facility for an agricultural operation, fitting the description of intensive livestock operation. Either the planning commission or by the board of county commissioners, depending on the total project valuation, may issue a conditional use permit under the criteria set out in this chapter. (Ord. 2006-13, 11-13-2006; amd. 2015 Code)

   B.   Application: The application for a temporary worker housing facility conditional use permit shall address the requirements of sections 9-17-3 and 9-17-4 of this chapter.

   C.   Development Plan: The application shall include a development plan. The development plan shall include the following information:

      1.   A site plan for the entire housing facility showing the size and location of each housing unit, the location of any public or private streets used for access to the housing, and other significant features of the facilities;

      2.   The maximum number of workers to be housed at any time;

      3.   The water supply system, with approval letter from Southwest Utah health department;

      4.   The sewer system, with approval letter from Southwest Utah health department;

      5.   The period of time during which the workers will be housed;

      6.   A list of any permits required from local, state or federal agencies in order to build and operate the housing facilities; and

      7.   Other information necessary for the planning commission to evaluate the development plan.

   D.   Use Of Manufactured Housing: Manufactured housing can be used in a temporary worker housing facility; provided, that such housing was constructed or manufactured in accordance with all applicable codes.

   E.   Districts Permitted: Temporary worker housing facilities may be located only in the multiple use district (MU-20) and in the agricultural district (A-20).

(Ord. 2006-13, 11-13-2006; amd. Ord. 2024-07, 10-1-2024)

   Appropriate conditions for CUPs may include but are not limited to the following:

   A.   Compliance with all applicable codes, laws, rules and regulations;

   B.   Compliance with all State and Federal guidelines;

   C.   Road Maintenance Agreement;

   D.   Closure Plan;

   E.   Air Quality Permit;

   F.   Dust control during and after;

   G.   Feasibility Study;

   H.   Erosion control to prevent contamination of water ways;

   I.   Land stabilized (vegetation);

   J.   Perimeter fencing;

   K.   Not seek to modify sound or reasonable agriculture practices;

   L.   Contact Beaver County Emergency Services Director;

   M.   Mitigation for noise/damage-truck traffic hours/crushing hours/covered loads/etc.;

   N.   Water quality testing;

   O.   Disposal of dead animals, waste, solar components, etc.;

   P.   Transferee or assignee required to sign an express assumption and CUP.

(Ord. 2022-01, 2-1-2022; amd. Ord. 2024-07, 10-1-2024)