Boulder City Zoning Code
CONDITIONAL USE
PERMITS
§ 153.150 ISSUANCE.
A conditional use permit may be issued as provided by this chapter for any of the uses identified as potentially compatible in the Table of Uses adopted in § 153.117.
(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 801; Ord. 2021-2, passed - -2021)
§ 153.151 APPLICATIONS, PUBLIC HEARING REQUIRED; PLANNING COMMISSION AUTHORIZED TO RENDER CONDITIONAL USE DECISIONS.
(A) All applications for a CUP shall be made on the form provided by the Town and be accompanied by a site development plan that complies with the requirements of § 153.152, and any additional requirements of this chapter. Applications that do not include a complete site development plan will not be accepted.
(B) The Planning Commission is authorized to render a final decision on applications for a CUP. Prior to rendering such a decision, the Planning Commission shall conduct a properly noticed public hearing to receive comment on the application.
(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 802; Ord. 2021-2, passed - -2021)
§ 153.152 SITE DEVELOPMENT PLAN REQUIREMENTS.
(A) A site development plan shall be required to accompany all conditional use applications.
(B) The site development plan shall provide the following:
(1) A plan drawn to a scale identifying the location and dimension of the property and any existing buildings or other structures, and fence lines;
(2)
Proof of ownership of the lot on which the CUP is requested and, where the application for a CUP is presented by a representative, the owner's written authorization for the representative to submit the application;
(3) The location and dimension of all proposed buildings;
(4) All proposed off-street parking areas including egress and ingress and including areas for off-street parking during construction;
(5) The location of roads and utilities that are now serving the site or will be required to serve the site;
(6) A storm water plan;
(7) A landscape plan identifying the treatments, including type and number of plant materials proposed for all areas not occupied by buildings and parking and identifying proposed screening and buffering treatments and a calculation of the amount of pervious and impervious area;
(8) A construction plan identifying the phases of construction, a construction schedule and a list of all permits necessary for the proposed use;
(9) A service impact assessment which shall include, but not be limited to, identifying requirements for culinary water, sanitary sewer and anticipated traffic volumes, proposed accesses and Utah Department of Transportation requirements and permits, as applicable;
(10) The proposed material and colors of all exterior building facades shall be identified as well as all proposed site signage, including the height and size of all signs. All signage must comply with the requirements of § 153.202 of this chapter; and
(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 803; Ord. 2021-2, passed - -2021; Ord. 2021-7, passed 12-2-2021)
§ 153.154 APPROVAL OR DENIAL OF A CONDITIONAL USE PERMIT APPLICATION BY THE PLANNING COMMISSION.
(A) (1) If the Planning Commission finds that a proposed potentially compatible use complies with all the requirements of this chapter, specifically including, but not limited to, the standards of §§ 153.400 et seq. and 153.415 et seq., whichever is applicable, it shall approve the application for a CUP.
(2) In approving a CUP, the Planning Commission may impose any conditions needed to ensure compliance with the applicable standards. All conditions imposed must be clearly designed to ensure compliance with a specifically cited standard or standards of this chapter.
(3) Following approval of a CUP, with or without conditions, the applicant may apply for any other approvals, licenses or permits necessary to implement the conditional use application approval.
(B) If the Planning Commission finds that, a proposed potentially compatible use does not comply with the standards of this chapter, specifically including, but not limited to, the standards of §§ 153.400 et seq. and 153.415 et seq., whichever is applicable, the application for a CUP shall be denied. If a CUP is denied by the Planning Commission, no other approvals, licenses, or permits related to the proposed use shall be approved or issued.
(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 805; Ord. 2021-2, passed - -2021)
§ 153.155 REVOCATION OR MODIFICATION OF A CONDITIONAL USE PERMIT.
A CUP may be modified or revoked by the Planning Commission following a properly noticed public hearing at which the Planning Commission finds that one or more of the following conditions exists:
(A) The CUP was obtained in a fraudulent manner or there has been a significant change in the use as it was represented in the application for a CUP.
(B) The use for which the CUP was granted has ceased for at least six (6) consecutive calendar months.
(C) The use is not in continuing compliance with one or more of the applicable standards of this chapter.
(D) One or more of the conditions imposed on approval of the CUP has not been met.
(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 806; Ord. 2021-2, passed - -2021)