The purpose of a conditional use permit is to allow a land use that, because of its unique characteristics or potential impact on the Municipality, surrounding neighbors, or adjacent land uses, may be compatible only if certain conditions are required that mitigate the detrimental impacts. This chapter governs the process by which all new and existing conditional uses are reviewed; the review process for permitted uses is outlined in chapter 5 of this title. As outlined in Utah State Code section 10-9a-507, the Land Use Authority shall approve a conditional use if reasonable conditions are proposed, or can be imposed, to mitigate the reasonably anticipated detrimental effects of the proposed use in accordance with applicable standards. If the reasonably anticipated detrimental effects of a proposed conditional use cannot be substantially mitigated by the proposal or imposition of reasonable conditions to achieve compliance with applicable standards, the Land Use Authority may deny the conditional use. Review of a conditional use permit by the Land Use Authority is an administrative action. (Ord. 2018-21, 10-23-2018)

A conditional use permit shall be required for all uses listed as conditional uses in the zone regulations or as elsewhere in this title. The conditional use permit review shall include the review of all applicable plans and documents as listed on the official conditional use permit checklist. All new construction of conditional uses shall be processed as a conditional use permit. A conditional use permit may be revoked upon failure to comply with conditions precedent to the original approval of the permit. (Ord. 2018-21, 10-23-2018)

   A.   Application: Application for a conditional use permit shall be made in writing on forms prepared by the Planning and Zoning Administrator by the property owner or registered agent. Upon receipt of a complete application, the Planning and Zoning Administrator shall schedule the application for consideration by the Planning Commission. The Planning and Zoning Administrator shall not place any application on the Planning Commission agenda until all items required by this title have been submitted or are omitted for good cause.

   B.   Information And Items Required: Detailed site plan, location, landscaping, and building plans shall accompany an application for a conditional use permit as outlined on the official conditional use permit checklist and as appropriate. Information sufficient to demonstrate that the general and specific requirements of this title will be met by the construction and operation of the proposed building, structure or use shall be submitted with the application.

   C.   Fee: The application for a conditional use permit shall be accompanied by the appropriate fee, as set forth in the City's Consolidated Fee Schedule. The required fee must be paid in full at the time the application is submitted. (Ord. 2018-21, 10-23-2018)

   A.   Planning Commission Review: The Planning Commission shall review all conditional use permit applications. The Planning Commission shall approve, approve subject to compliance with such modifications or conditions as may be deemed necessary to carry out the purposes of this chapter, or disapprove an application as outlined in subsection D, "Determination", of this section. (Ord. 2018-21, 10-23-2018)

   B.   Public Meeting; Notice: A public meeting shall be held by the Planning Commission to review land use applications. Notification of the public meeting shall be posted on the subject property. (Ord. 2019-04, 2-12-2019)

   C.   Considerations: The Land Use Authority may allow a conditional use to be located in any zoning district in which the particular use is allowed as a conditional use by this title. In authorizing any conditional use, the Land Use Authority shall impose such requirements and conditions to mitigate the reasonably anticipated detrimental effects of the proposed use in accordance with the applicable standards provided in this chapter or elsewhere in this title necessary for the protection of adjacent properties and the public welfare. The Land Use Authority shall determine the following:

      1.   At the specified location, is in harmony with the general intent and purpose of the Clearfield City General Plan and the applicable zoning district regulations;

      2.   Is necessary or desirable to provide a service or facility which will contribute to the general well-being of the community and the neighborhood;

      3.   Such use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity; and

      4.   Conditions imposed by the Land Use Authority are based upon ordinance standards outlined in this title or as otherwise determined to be necessary by the City Engineer, building official, or any applicable State or Federal agency according to adopted standards of those fields of expertise.

   D.   Determination: A conditional use permit shall be approved if conditions are proposed, or can be imposed, to mitigate the reasonably anticipated detrimental effects of the proposed use in accordance with the standards set forth herein. If the reasonably anticipated detrimental impacts or effects of the proposed conditional use cannot be substantially mitigated or eliminated by the proposal or the imposition of conditions to achieve compliance with the standards set forth herein, the conditional use permit may be denied. (Ord. 2018-21, 10-23-2018)

Applications for a conditional use permit shall conform to the requirements set forth in this title. In addition, the Planning Commission may establish conditions as outlined herein to meet the concerns of safety for persons and neighborhood needs, performance and administration. More specifically, the Planning Commission may require:

   A.   Setbacks: Increased setback and side yard distances from lot lines to ensure the public safety and to ensure consistency with the intended characteristics of the zone.

   B.   Screening: The screening of yards or other areas as protection from obnoxious land uses and activities.

   C.   Removal Of Inconsistent Characteristics: The removal of structures, debris or plant life inconsistent with the intended characteristics of the zone.

   D.   Nuisance Relocation Or Fencing: The relocation, covering or fencing of irrigation ditches, drainage channels and similar potential attractive nuisances as determined by the Planning Commission.

   E.   Sight Distance Safety: The relocation of proposed or existing structures as necessary to provide for future streets shown on the City's general plan, adequate sight distances for general safety, or similar problems.

   F.   Facility Construction: Construction of water mains, sewer mains and drainage facilities serving the proposed use, in sizes necessary to protect existing utility users in the zone and to provide for an orderly development of land.

   G.   Truck Loading And Unloading Facilities: The location, arrangement and dimensions of truck loading and unloading facilities.

   H.   Outdoor Advertising: 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.

   I.   Landscaping: Landscaping to ensure consistency with the intended characteristics of the zone and compliance with current landscaping standards.

   J.   Screen Plantings: The location, height and materials of walls, fences, hedges and screen plantings to ensure harmony with adjacent development or to conceal storage areas, utility installations or other unsightly development.

   K.   Ground Cover: The planting of ground cover or installation of other surfacing to prevent dust and erosion or contamination of the soil or groundwater.

   L.   Retention Of Trees: The retention of existing healthy trees and vegetation.

   M.   Curb And Gutter Construction: Construction of curbs, gutters, drainage culverts, sidewalks, streets, fire hydrants and street lighting which serve the property in question and which may compensate in part or in whole for possible adverse impacts to the zone from the proposed conditional use.

   N.   Restructuring Of Land: Restructuring of the land and planting of the same as directed by the Planning Commission when the conditional use involves cutting and/or filling the land and where such land would be adversely affected if not restructured.

   O.   Time Limits: Time limits on the validity of the conditional use permit, and identification of times for regular review and monitoring, as determined necessary, to ensure the use continues to operate in compliance with all conditions and requirements of approval.

   P.   Bond: A bond or other valuable assurance in favor of the local jurisdiction in an amount to be determined by the City Council. The amount of said bond or other valuable assurance shall not exceed the amount calculated by the developer's engineer and approved by the City Engineer as necessary to assure compliance with all conditions.

   Q.   Plans Of Development: Specific long and short range plans of development.

   R.   EPA And OSHA Standards: Certification and/or standards obtained and furnished by the applicant indicating that the proposed conditional use will meet and comply with standards set by the Environmental Protection Agency, by the Occupational Safety and Health Administration and by other applicable State and Federal agencies.

   S.   Special Site Conditions: 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; floodplains; fault zones; landslide areas; and sensitive areas due to soil capabilities, wildlife and plant life.

   T.   Population; Land Intensity: Population density and intensity of land uses may be limited where land capability and/or vicinity relationships make it appropriate to do so to protect health, safety and welfare.

   U.   Recreational Facilities: Provisions for or construction of recreational facilities necessary to satisfy needs of the conditional use.

   V.   Floor Elevation And Grading Plans: Finished floor elevations and grading plans to prevent or minimize water damage from flood levels as determined by hydrology studies.

   W.   Hours Of Operation: The regulation of operating hours for activities affecting normal schedules and functions.

   X.   Mitigation Of Possible Nuisance Factors: Measures directed at minimizing or eliminating possible nuisance factors including, but not limited to, noise, vibrations, smoke, dust, dirt, debris, plant materials, odors, gases, noxious matter, heat, glare, electromagnetic disturbances, and radiation.

   Y.   Buildings, Structures, And Other Facilities: Mass, size, number, location, design, exterior features, materials, and colors of buildings, structures and other facilities.

   Z.   Site Circulation: Site circulation patterns for vehicular, pedestrian and other traffic.

   AA.   Parking, Loading And Waste Areas: Design, location and amount of off street parking, loading areas, and solid waste disposal and collection areas.

   BB.   Other Reasonable Conditions: Such other conditions determined reasonable and necessary by the City to allow the operation of the proposed conditional use, at the proposed location in compliance with the requirements of this Code. (Ord. 2018-21, 10-23-2018)

A land use authorized by a conditional use permit must commence within one year of the time the permit is issued. If the permit holder has not commenced action under the permit within this time, the permit shall expire and the holder must apply for a new permit. The Planning Commission may grant an extension for good cause shown. Only one extension may be granted and the maximum extension shall be for six (6) months. Applications for extension must be submitted to the Planning and Zoning Administrator in writing prior to the expiration of the original permit. The application must describe the cause for requesting the extension and be accompanied by the fee required by the City's fee schedule. A public hearing shall be held by the Planning Commission for any application for extension. (Ord. 2018-21, 10-23-2018)

A conditional use permit may be revoked by the Land Use Authority upon failure of compliance with the conditions precedent to the original approval of the permit or for any violation of this title occurring on the site for which the conditional use permit was approved. Prior to the revocation of a conditional use permit, the Land Use Authority shall hold a public hearing for the consideration of the revocation. Notice of the meeting and the grounds for consideration of revocation shall be mailed to the permittee at least ten (10) days prior to the meeting. An appeal of the decision to revoke a conditional use permit shall be filed, in writing, with the Land Use Appeal Authority within thirty (30) days from the date of revocation. (Ord. 2018-21, 10-23-2018)

All appeals to the provisions of this chapter shall be made in accordance with section 11-1-12 of this title. (Ord. 2018-21, 10-23-2018)