1. Allowed Uses: All uses allowed by this title shall be identified as:
   1. Permitted.
   2. Zoning clearance.
   3. Conditional.
   4. Nonconforming.
2. Prohibited Use: Any use which is not identified by this title as either a permitted, zoning clearance, conditional, or nonconforming use is hereby determined to be a prohibited use. A prohibited use shall not be allowed or authorized within the unincorporated area of the county.

(Ord. 2016-04, 4-26-2016, eff. 5-12-2016)

1. All requests for a conditional use shall be made on an application form provided by the development services department.
2. No use approved as a conditional use may be modified, enlarged or expanded, without obtaining an approved modification to the permit. The application for modification shall be processed as a new permit application under this chapter. The issuance of a permit may require that the existing development site be brought into substantial conformance with the terms of this code in effect on the date the use permit is approved, including, but not limited to: landscaping, screening, parking, and stormwater retention.

(Ord. 2016-04, 4-26-2016, eff. 5-12-2016)

1. The applicant has the burden of proving that the application meets the requirements of this chapter for any zoning clearance or conditional use.

(Ord. 2016-04, 4-26-2016, eff. 5-12-2016)

Permitted uses are allowed as a matter of right; however they are required to comply with any requirements of this code and the state of Utah as adopted and as applicable. Permitted uses are identified in chapter 17.09, "Schedule Of Zoning Uses", of this title.

(Ord. 2016-04, 4-26-2016, eff. 5-12-2016)

Complete land use applications are entitled to substantive land use review as identified in this section, this code, and state code.

1. Zoning Clearances: A zoning clearance must be reviewed by the director as provided by this title for any of the uses for which a zoning clearance is required as identified in chapter 17.09, "Schedule Of Zoning Uses", of this title. The director is authorized to approve, impose reasonable conditions, and/or may deny a zoning clearance request as provided for in this section, this code, or other agency requirements. Zoning clearance must be issued to ensure compliance with the conditions established by the land use authority for the following:
   1. Conditional use permits;
   2. Building permits;
   3. Business licenses;
   4. Accessory and agricultural structures.
2. Conditional Uses: A conditional use allows the consideration of special uses that may be essential or desirable to a particular community, but are not allowed as a matter of right. These uses require special consideration to ensure that they can be designed, located, and operated in a manner that will not interfere with the use and enjoyment of surrounding properties. The purpose of the conditional use permit application process is to evaluate possible adverse impacts and to minimize them, where possible, through the imposition of specific conditions of approval. If adverse impacts cannot be appropriately resolved, the use may be denied as identified in this section and state code.
   1. Conditional use permits must be reviewed by the appropriate land use authority as provided by this title for any of the uses for which a conditional use permit is required as identified in chapter 17.09, "Schedule Of Zoning Uses", of this title. The land use authority is authorized to approve, impose reasonable conditions, and/or may deny a conditional use permit request as provided for in this section, this code, or other agency requirements.
   2. The land use authority shall review a conditional use permit request with the following standards and criteria:
      1. Health, Safety, And Welfare: The proposed conditional use is not detrimental to the public health, safety and welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity. A conditional use shall be considered detrimental if:
         1. It causes unreasonable risks to the safety of persons or property because of vehicular traffic or parking, or other similar risks; and/or
         2. It unreasonably interferes with the lawful use of surrounding property.
      2. Compliance With Law:
         1. The proposed conditional use complies with the regulations and conditions specified in this code and other applicable agency standards for such use.
         2. The proposed conditional use is consistent with the intent, function, and policies of the Cache County general plan, ordinance(s), and land use, and/or compatible with existing uses in the immediate vicinity.
      3. Adequate Service Provision: The proposed conditional use does not result in a situation that creates a need for essential services that cannot be reasonably met by local service providers, including, but not limited to: roads and year round access for emergency vehicles and residents, fire protection, law enforcement protection, schools and school busing, potable water, septic/sewer, stormwater drainage, and garbage removal.
      4. Impacts And Mitigation: Reasonably anticipated detrimental effects of the proposed conditional use can be substantially mitigated by the proposal or by the imposition of reasonable conditions to achieve compliance with applicable standards. Examples of potential negative impacts include, but are not limited to, odor, vibration, light, dust, smoke, noise, impacts on sensitive areas as defined by this code, and/or disruption of agricultural practices.
3. Denial: If the land use authority determines that the standards of this section cannot be met and that adequate mitigation measures cannot be imposed to bring the use into conformity with the standards and criteria, the land use authority may deny the request for a conditional use permit.
4. Conditions: In approving a conditional use permit, the land use authority may impose such reasonable conditions as deemed necessary for the protection of adjacent properties and the public interest. The land use authority may require guarantees or other evidence that such conditions will be met and complied with.
5. Revocation: If there is cause to believe that grounds exist for revocation of an approved conditional use permit, the land use authority shall schedule the item for consideration at a public meeting. A minimum notice of thirty (30) days prior to the meeting shall be provided to the property owner at the location of the approved conditional use permit.
   1. A conditional use permit may be revoked by the land use authority if the land use authority finds that one or more of the following conditions exist:
      1. The conditional use permit was obtained in a fraudulent manner.
      2. The use for which the conditional use permit was granted has ceased for a minimum of twelve (12) consecutive calendar months.
      3. The nature of the use for which the conditional use permit was granted has changed or the intensity of use has increased beyond that originally approved.
      4. The use constitutes a "nuisance" as defined by this title.
      5. One or more of the conditions of the conditional use permit have not been met. (Ord. 2016-04, 4-26-2016, eff. 5-12-2016)
6. Inactive Permits: If a conditional use has concluded operation as identified in the permit, or as requested by the property owner, e.g., mineral extraction, all operations at the site must cease, and the permit shall be considered inactive, with the exception of any outstanding requirements of the permit, e.g., reclamation. (Ord. 2016-13, 8-23-2016, eff. 9-7-2016)
7. Permits Run With The Land: All conditional use permits authorized and approved as required by this title are determined to run with the land.

(Ord. 2016-04, 4-26-2016, eff. 5-12-2016; amd. Ord. 2016-13, 8-23-2016, eff. 9-7-2016)

1. Continuation Of Use: A nonconforming use may continue provided that it:
   1. Is determined to legally exist prior to the effective date of the applicable ordinance, or legally established by the action of a federal, state, or local government entity; and
   2. Has been continuously maintained.
2. Alteration Of A Nonconforming Use:
   1. A nonconforming use shall not be enlarged upon, expanded, or intensified.
   2. A nonconforming use may be maintained, however, for any work that requires a building permit, a zoning clearance shall be issued that identifies the following: the nonconformity, the legally nonconforming status, and that the use is not being enlarged, expanded, or intensified.

(Ord. 2016-04, 4-26-2016, eff. 5-12-2016)