To allow the proper integration into Cedar City of uses which may be suitable only in certain locations in the City or Zoning District, or only if such uses are designed or laid out on the site in a particular manner.

Amended by ordinance number 0827-08-2, 0926-12-1 and 0708-20-6

A Conditional Use Permit shall be required for all uses listed as conditional uses in the Cedar City Ordinances or elsewhere in this Chapter. A conditional use permit may be revoked upon failure in compliance with conditions precedent to the original approval of the permit.

1. Application: Application for a Conditional Use Permit shall be made by the property owner or certified agent to the Cedar City Planning Commission.
2. Accompanying Documents: The applicant shall provide detailed site plans drawn to scale and other drawings necessary to assist the Planning Commission and City Council in arriving at an appropriate decision.
3. Fee: The fee for any Conditional Use Permit application shall be Twenty-Five Dollars ($25.00) unless otherwise specified in this Ordinance, no part of which shall be refunded.
4. Planning Commission Review: The Planning Commission shall review the proposed Conditional Use Application pursuant to the requirements and criteria set forth hereafter and shall approve or disapprove the permit application, or approve it subject to change or alteration.
5. City Council Approval: The Planning Commission shall forward the permit application together with its recommendations to the City Council for its review pursuant to the requirements and criteria set forth hereafter. The City Council may affirm, reverse, alter, or remand for further review and consideration the recommendation given by the Planning Commission.
6. Public Hearing: A public hearing shall be held by the City Council in its consideration of a Conditional Use Permit Application which hearing shall be held not more than 30 days from the date the application is referred to the City Council by the Planning Commission. A Notice of Hearing shall be published in a newspaper of general circulation in the City not less than seven (7) days prior to the date of said hearing.
7. Determination: The City Council may permit a conditional use to be located within any zone as long as the particular conditional use is permitted by this Chapter. In authorizing any conditional use the City Council shall impose such additional conditions as may be necessary for the protection of adjacent properties and the public welfare.
   
   The City Council shall establish policies regarding landscaping, fencing, lighting, ingress/egress, height of buildings, etc., to insure consistency in the issuance of a conditional use permit. A conditional use permit shall not be authorized unless the evidence presented is such as to establish:
   1. That the proposed use of the particular location is necessary or desirable to provide a Service or facility which will contribute to the general well-being of the neighborhood and the community; and
   2. That the proposed use will comply with regulations and conditions specified in this Section for such use; and
   3. That the proposed use will conform to the intent of the Cedar City General Plan.
   4. That such use will not under the circumstances of the particular case and the conditions imposed, be detrimental to the health, safety and welfare of persons nor injurious to property and improvements in the community, but will be compatible with and complimentary to the existing surrounding uses, buildings and structures when considering the following zones:
      
      Residential Zones:
      1. Will the proposed use generate enough traffic to be detrimental to the immediate neighborhood?
      2. Will the proposed development overload the carrying capacity for which local streets are designed?
      3. Will internal traffic circulation adversely affect adjacent residential properties?
      4. Will parking facilities location adversely affect adjacent residential properties?
      5. Will parking facilities be effectively screened from adjacent residential properties?
      6. Will the relationship of structures and parking be complimentary to the aesthetics of the general area?
      7. Will the proposed sign(s) adversely affect the development itself or the overall aesthetics of the general area?
      8. Will the proposed landscaping be sufficient to enhance the aesthetic acceptability of the development?
      Commercial Zones:
      1. Will traffic ingress and egress adversely affect the general traffic patterns in the area?
      2. Will parking facilities location adversely affect internal circulation or access to public street circulation?
      3. Will building location create a pedestrian traffic hazard by causing blind approaches to sidewalks?
      4. Will building design be compatible with or complimentary to already established adjacent structures?
      5. If the development is adjacent to a residential zone or use, will the building location, lighting, parking, or traffic circulation adversely affect the adjacent residential use or zone?
      6. Will proposed signing be complimentary to the development and overall aesthetic nature of the immediate area?
      7. Will the proposed business be attached to the city sewer, and if so, will it adversely affect the system?
      8. Will the parking facility be adequate for employees, clientele, loading and unloading, and other business functions?
      9. Will landscaping and parking facilities be satisfactory aesthetically, and as per site plan?
      10. Will there be any outside storage? (Outside storage shall not be permitted.)
      11. Will there be any hazardous material or chemicals of concern utilized in the proposed business? If so, the City reserves the right to carefully evaluate the potential impact of such materials or chemicals, and deny the conditional use permit based upon any adverse findings.
      Industrial Zones:
      1. Will heavy vehicle traffic adversely affect adjacent residential or commercial properties?
      2. If the proposed use emits tolerable pollution of any type, will the prevailing breezes and winds direct the pollutant toward residential or commercial properties in the immediate area?
      3. Will landscaping add aesthetic acceptance to the proposed development?
      4. Will proposed signs be inoffensive and unimposing and not create adverse effects on adjacent residential or commercial properties?

Amended by ordinance number 0827-08-2, 0926-12-1 and 0708-20-6

Conditions in addition to those outlined in this section may be established to meet the concerns of safety for persons and property, health and sanitation, environment, master plan proposals, and neighborhood needs, performance and administration, may include more specifically:

1. Conditions Relating to Safety for Persons and Property:
   1. Building elevations and grading plans which will prevent or minimize flood water damage, where property may be subject to flooding.
   2. The relocation, covering or fencing of irrigation ditches, drainage channels, and other potential attractive nuisances existing on or adjacent to the property.
   3. Increased setback distances from lot lines where the Cedar City Council determines it to be necessary to insure the public safety and to insure compatibility with the intended characteristics of the district as outlined in this ordinance.
   4. Appropriate design, construction, and location of structures, buildings, and facilities in relation to property, and limitations and/or restrictions on the use and/or location of uses due to special site conditions, including but not limited to geologically hazardous areas; flood plains; fault zones; subsidence areas; and landslide areas.
   5. Limitations and control of the number, location, color, size, height, lighting, and landscaping of outdoor advertising signs and structures in relation to the creation of traffic hazards and appearance and harmony with adjacent development.
   6. Plans for the location, arrangement, and dimensions of truck loading and unloading facilities.
   7. Construction of curbs, gutters, drainage culverts, sidewalks, streets, fire hydrants, and street lighting.
2. Conditions Relating to Environmental Concerns:
   1. Processes for the control, elimination, or prevention of land, water, or air pollution; the prevention of soil erosion; and the control of objectionable odors and noise.
   2. The planting of ground cover or other surfacing to prevent dust and erosion.
   3. Restructuring of the land and planting of the same as directed by the City Council when the conditional use involves cutting and/or filling the land and where such land would be adversely affected if not restructured.
3. Conditions Relating to Compliance with Intent of Comprehensive Plan and Characteristics of Vicinity (or Neighborhood):
   1. The removal of structures, debris, or plant materials, incompatible with the intended characteristics of the district outlined in this ordinance.
   2. The screening of yards or other areas as protection from obnoxious land uses and activities.
   3. Landscaping to insure compatibility with the intended characteristics of the district as outlined in this ordinance.
   4. Limitations or controls on the location, height, and materials of walls, fences, hedges, and screen plantings to insure harmony with adjacent development, or to conceal storage areas, utility installations, or other unsightly development.
   5. The relocation of proposed or existing structures as necessary to provide for future streets on the master street plan of Cedar City, adequate sight distances for general safety, groundwater control or similar problems.
   6. Population density and intensity of land use limitations where land capability and/or vicinity relationships make it appropriate to do so to protect health, safety, and welfare.
   7. Other improvements which serve the property in questions and which may compensate in part or in whole for possible adverse impacts to the district from the proposed conditional use.
4. Conditions Relating to Performance:
   1. A bond or other valuable assurance in favor of Cedar City in an amount of said bond or other valuable assurance shall not exceed the amount calculated by the developer's engineer and approved by the Cedar City Engineer as necessary to assure compliance with all conditions.

Amended by ordinance number 0827-08-2, 0926-12-1 and 0708-20-6

1. Inspection: Following the issuance of a conditional use permit by the City Council, the Building Inspector shall approve an application for a Building Permit pursuant to this Ordinance and shall insure that development is undertaken and completed in compliance with said permits.
2. Time Limit: The City Council may grant the conditional use permit on a trial basis for a specified amount of time, which period of time shall be specifically set forth in the permit and reviewed as established.

Amended by ordinance number 0827-08-2, 0926-12-1 and 0708-20-6

Conditional uses are as indicated in the Permitted and Conditional Use section for Commercial and Industrial zones (Section 26-III-14). Conditional uses in Residential zones are as follows:

1. Residential Zones:
   
   

   	R-1	R-2	R-3	RE	AT
   Administrative, professional, and business offices with no on-site retail sales	N	N	C	N	N
   Financial Institutions of smaller than 2000 square feet	N	N	C	N	N
   Hospitals	N	N	C	N	N
   Clinics	N	C	C	N	N
   Mortuary	N	N	C	N	N
   Bed and Breakfast	N	N	C	N	N
   Mobile Home Parks	N	N	C	N	N
   Fire Stations	C	C	C	C	C
   Utility Towers not exceeding 100 feet in height (See Section 26-IV-15, Supplementary Regulations for Electronic Communication Facilities).	N	N	N	N	C
   Single Family dwellings (see Section 26-III-15 (C))
   Two Family dwelling units and Twin Homes	N			N	N
   Multiple dwelling units and apartments	N	N		N	N
   Equestrian establishments	N	N	N	N
   Churches and/or Schools					C
   Residential facility for persons with a disability (See article 26-XV)					C
   Business Parks/Research Campus	C	C	C	C	C

   Uses indicated with a “C” are conditional uses; uses indicated with an “N” are not permitted as either permitted or conditional uses; uses not indicated with a letter are permitted uses.

Amended by ordinance number 0827-08-2, 0926-12-1 and 0708-20-6