A.   Issuance: Conditional use permits may be issued as provided by this title for any of the uses for which a conditional use permit is required as identified in the table of uses and the table of site development standards, as set forth in chapter 6 of this title.

   B.   Purpose: The purpose of the issuance of a conditional use permit is to allow the proper integration into the county of uses which may be suitable only in specific locations in a zoning district, or only if such uses are designed, arranged or conducted on the site in a particular manner.

   C.   Conditions: A conditional use permit shall be approved if reasonable conditions are proposed, or can be imposed, to mitigate the reasonably anticipated detrimental effects of the proposed land 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 the imposition of reasonable conditions to achieve compliance with applicable standards, the conditional use permit may be denied.

   D.   Variances: Notwithstanding the requirements of chapter 15 of this title, the planning commission is authorized to review and take action on requests for variances from any of the conditional use permit standards in this chapter, during the conditional use permit hearing, using the variance criteria in section 8-15-3 of this title, unless such variance requests are processed administratively under the routine and uncontested provisions of section 8-15-8 of this title. (Ord. 10-286, 1-31-2011)

All requests for a conditional use permit shall be made on the application form provided by the county, detailing the nature of the conditional use request. The applicant shall also provide the necessary information identifying the purpose of the conditional use request, and all required information shall be provided to the planning office twenty one (21) days prior to the planning commission meeting. The planning commission is authorized to render a final decision on the issuance of a conditional use permit following the review and receipt of a recommendation from the zoning administrator. (1998 Code § 17.52.030)

All applications for a conditional use permit shall be made in accordance with the provisions of this title, and shall be the subject of a public hearing held before the planning commission for which a minimum of fourteen (14) days' public notice has been provided and the planning staff notifying all property owners by U.S. mail within three hundred feet (300') of the proposed conditional use. (1998 Code § 17.52.020)

   A.   Findings Required: The planning commission may grant a conditional use permit in compliance with this title if, from the application and the facts presented at the public hearing, it finds:

      1.   The proposed use at the proposed location will not be unduly detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety or general welfare.

      2.   The proposed use will be located and conducted in compliance with the goals and policies of the county general plan and the purposes of this title.

      3.   That the property on which the use, building or other structure is proposed is of adequate size and dimensions to permit the conduct of the use in such a manner that will not be materially detrimental to adjoining and surrounding properties.

   B.   Conditions:

      1.   In approving a conditional use permit, the planning commission may impose such reasonable conditions or restrictions as it deems necessary to secure the purposes of the county general plan and to assure operation of the use in a manner compatible with the aesthetics, mass, bulk and character of existing and potential uses in the general vicinity. Minimum conditions shall be included for produced water disposal facilities, extraction of earth products and residential treatment or secure treatment facilities as indicated in section 8-13-5 of this chapter. (1998 Code § 17.52.050)

      2.   When approving a conditional use permit, the planning commission may impose such requirements and conditions as follows: location, construction, maintenance, odor control, operation, site planning, traffic control, dust control, noise, time limits and other items for the conditional use permit as deemed necessary for the protection of adjacent properties and the public interest. The planning commission may require guarantees or other evidence that such conditions will be met and complied with. (1998 Code § 17.52.040)

   A.   Fencing: The site must be fenced to sustain safety, and prevent access by livestock, wildlife and unauthorized personnel;

   B.   Compliance With State: Mandatory compliance with state division of oil, gas and mining (DOGM) general rules, including submittal of the DOGM application and DOGM approval to the county prior to the receipt of water;

   C.   Odor Control: Mandatory odor control;

   D.   Distance Requirements: Must be located a minimum of two (2) miles from any state or federal highway, city, town, or primary residential use (as determined by the county tax rolls) and at least one mile from the property line of a parcel containing a primary residential use, unless written consent to locate closer is obtained from the owner of the property containing the primary residential use;

   E.   Number Permitted: Produced water disposal ponds shall be limited by number on each conditional use permit to the number of ponds that would be under construction within eighteen (18) months and completed within three (3) years of permit approval, and cannot be enlarged or modified until the issue is re-presented to the planning commission for a new conditional use permit and the enlargement or modification is approved;

   F.   Section 404 Permit Required: Prior to receipt of water, the applicant must provide the county with evidence of compliance with the section 404 permit process administered by the U.S. army corps of engineers and the migratory bird treaty act administered by the U.S. fish and wildlife service;

   G.   Notice Requirements: Notwithstanding the notification requirements of section 8-13-3 of this chapter, mailed notice of the public hearing shall be given to all property owners within two (2) miles of the parcel proposed for the use;

   H.   On Site Operator: An operator shall be on site at all times for monitoring of the site during receiving operations. The facility shall be secured against entry when an operator is not present. (Ord. 08-270, 12-15-2008; amd. Ord. 19-373, 9-7-2019)

   A.   Dust Free Condition: Must be maintained in a near dust free condition. A dust control plan shall be provided by the applicant to the county, the Tri-County health department and the state DEQ that contains an inventory of dust control equipment and procedures that will be utilized at the site and a documented source of adequate water. Rock crushers shall have a DEQ air quality permit in effect during operation, with a copy of such permit provided to the county, unless the crusher is considered exempt from permit requirements by the Utah DEQ. Watering or applying chemical treatments to active mining areas and driving surfaces is considered maintaining a near dust free condition;

   B.   Bond Required: A bond shall be issued in the amount of five thousand dollars ($5,000.00) for the first acre, and three thousand dollars ($3,000.00) for each additional acre from which such material is taken as a guarantee of reconditioning. The number of acres must be specified on the conditional use permit and cannot be enlarged or modified until the issue is re-presented to the planning commission for a new conditional use permit and the enlargement or modification is approved. This bonding requirement may be waived in writing by the property owner but such waiver does not waive the reconditioning requirements;

   C.   Reconditioning: Reconditioning, in a manner agreed to by the county, the property owner and the applicant, to assure the surrounding property is protected along with the beauty of the landscape. Guidelines known as the "Material Pit Finishing Standards" on file at the county planning department are suggested for use in reclamation planning;

   D.   Distance Requirement For Surface Or Subsurface Mining And Critical Infrastructure Materials Operations: Rock crushing operations must be a minimum of one thousand three hundred twenty feet (1,320') from any city, town or residential use, measured from the center of the crusher location. In addition, the surface or subsurface mining and critical infrastructure materials operation boundary shall be set back six hundred sixty feet (660') from the edge of the proposed disturbed area to the closest city or town boundary line, the closest point of a residential, educational, public, religious or commercial structure or the closest point on the boundary of an enclosed area of a concentrated livestock facility. In addition, the proposed disturbed area or surface or subsurface mining and critical infrastructure materials operation boundary shall be set back at least fifty feet (50') from a property line. The setback requirements may be waived in writing by the owner(s) of land within the setback area if such owner(s) consents to a lesser distance. These setback requirements do not apply to land uses owned and occupied by the owner(s) of the same parcel on which the surface or subsurface mining and critical infrastructure materials operation would occur.

   E.    Vested Rights: Operations associated with surface or subsurface mining and critical infrastructure materials operations existing, conducted or otherwise engaged in before January 1, 2019 and before the county prohibits, restricts, or otherwise limits the operation are conclusively presumed to be vested critical infrastructure material operations. Operations existing, conducted or otherwise engaged in after the county began regulating such uses remain subject to the terms of any associated conditional use permit approved by the county. All mining operations are subject to a mining permit issued by the Utah Division of Oil, Gas and Mining.

      1.   A person claiming that a vested critical infrastructure materials operation has been established has the burden of proof to show by the preponderance of the evidence that the vested critical infrastructure materials operation has been established.

      2.   A vested critical infrastructure materials operation runs with the land and may be changed to another critical infrastructure materials operation conducted within the scope of a legal nonconforming use or the terms of the county and/or state permit for the vested critical infrastructure materials operation without losing its status as a vested critical infrastructure materials operation.

      3.   Notwithstanding the county's prohibition, restriction, or other limitation on a critical infrastructure materials operation adopted after the establishment of the critical infrastructure materials operation, the rights of a critical infrastructure materials operator with a vested critical infrastructure materials operation include the right to:

         a.   Use, operate, construct, reconstruct, restore, maintain, repair, alter, substitute, modernize, upgrade, and replace equipment, processes, facilities, and buildings; and

         b.   Discontinue, suspend, terminate, deactivate, or continue and reactivate, temporarily or permanently, all or any part of the critical infrastructure materials operations.

   F.   Notice On Plats: For any new subdivision development located in whole or in part within one thousand feet (1,000') of the boundary of a vested critical infrastructure materials operation, the owner of the development shall provide notice on any plat filed with the county recorder the following notice:

      "Vested Critical Infrastructure Materials Operations:

      This property is located in the vicinity of an established vested critical infrastructure materials operation in which critical infrastructure materials operations have been afforded the highest priority use status. It can be anticipated that such operations may now or in the future be conducted on property included in the critical infrastructure materials operation. The use and enjoyment of this property is expressly conditioned on acceptance of any annoyance or inconvenience that may result from such normal critical infrastructure materials operations."

   G.   Abandonment Of A Surface Or Subsurface Mining And Critical Infrastructure Materials Operation:

      1.   A critical infrastructure materials operator may abandon some or all of a vested critical infrastructure materials operation only as provided in this section.

      2.   To abandon some or all of a vested critical infrastructure materials operation, a critical infrastructure materials operator shall record a written declaration of abandonment with the county recorder.

      3.   The written declaration of abandonment under subsection G. 2. above shall specifically describe the vested critical infrastructure materials operation or the portion of the vested critical infrastructure materials operation being abandoned. (Ord. 12-302, 8-6-2012; amd. Ord. 19-373, 9-7-2019)

   A.   Compatible Location: The location of the proposed use is compatible to other land uses in the general neighborhood.

   B.   Size Of Site: The site is of sufficient size to accommodate the proposed use, together with all yards, open spaces, walls and fences, parking and loading facilities, and landscaping as required by this title.

   C.   Streets: The site shall be served by streets of sufficient capacity to carry the traffic generated by the proposed use.

   D.   Adverse Effects: The proposed use, if it complies with all conditions of which approval is made contingent, will not adversely affect other property in the vicinity or the general welfare of the county.

   E.   Setbacks:

      1.   A setback of at least five thousand two hundred eighty feet (5,280') from any building on the facility site to the nearest existing child daycare facility, preschool, place of religious assembly, private educational facility, public educational facility or public park. The establishment of such land uses within the specified setback area after the occupancy of a secure treatment facility shall not create nonconformity or be the sole cause for denial of a conditional use permit for the expansion of an existing treatment facility.

      2.   A setback of at least two thousand six hundred forty feet (2,640') from any building on the facility site to the nearest existing dwelling unit. The establishment of a dwelling unit within the specified setback area after the occupancy of a secure treatment facility shall not create nonconformity or be the sole cause for denial of a conditional use permit for the expansion of an existing treatment facility.

      3.   A setback of at least two hundred feet (200') from any building on the facility site to any facility property line.

   F.   Distance Between Facilities: A spacing of at least five (5) miles between secure treatment facilities, measured from secure unit to secure unit.

   G.   Fencing Or Walls: Secure treatment facilities shall be provided with nonclimbable fencing or walls of a design approved by the planning commission. (Ord. 12-295, 5-14-2012)

All construction and development of Oil and Gas Drilling and Production sites on private lands in the county shall be carried out in accordance with the following standards and specifications. In the event of conflict between this section and the statutes, rules, orders and decisions of the Utah division of oil, gas and mining (DOGM) and Utah board of oil, gas and mining (BOGM), the statutes, rules, orders and decisions of DOGM/BOGM will control.

   A.   Compliance With Applicable Regulations: All Oil and Gas Drilling and Production Sites shall comply with applicable federal, state and local regulations.

   B.   Surface Disturbance: Surface disturbance, including loss or damage to agricultural lands, irrigation systems, crops or surface improvements due to oil and gas drilling and production sites, shall be limited to that which is reasonably necessary and practical to extract minerals. Operations shall be designed to allow the drill oil and gas drilling and production site owner reasonable use of the surface. Nothing in this subsection shall prohibit the surface disturbance associated with oil and gas drilling and production sites when the associated surface disturbance is addressed by the terms of a surface use agreement or other authorization to proceed allowed by law.

   C.   Road Encroachment Permits: An encroachment permit is required from the county public works department for new road approaches to a county road, for excavations within the county’s road right of way associated with oil and gas drilling and production sites or for the placement of pipelines (surface or buried) within the county road right of way.

   D.   Painting Oil and Gas Drilling and Production Sites: Wed Oil and gas drilling and production site equipment, such as pumps, tanks, separators and appurtenances, shall be painted to blend with the surroundings, with the color choice to be made from the standard-BLA4 environmental colors, with drill site owner concurrence.

   E.   Lighting: Oil and gas drilling and production site lighting shall be oriented and/or installed with shielded fixtures so that light is directed toward the work area in accordance with safety standards but reduces glare on nearby roads or on lands used for residential purposes.

   F.   Dust Control: Operators of oil and gas drilling and production sites shall control dust at each individual site and along access roads, in accordance with the fugitive dust rule contained in the Utah administrative code.

   G.   Sanitary Facilities: Oil and gas drilling and production sites, during the drilling and completion phases, shall be served by sanitary facilities for employees and/or contractors, as required by the Utah administrative code.

   H.   Staking: All surface owners shall be notified of oil and gas drilling and production site, pipeline and access road survey staking operations affecting their property prior to such staking taking place.

   I.   Noise: Motors located on an Oil and gas drilling and production site shall be powered by electricity when located within six hundred sixty feet (660') of a primary or secondary dwelling, or building open to the public provided that the power company has adequate capacity and availability of easements to supply such power. Engines within six hundred sixty feet (660') of a primary or secondary dwelling or building open to the public that are not powered by electricity shall be muffled or situated to mitigate noise impacts.

   J.   Minimum Setback: In the interest of public health, safety and welfare, no oil or gas drilling and production site wellhead shall be located closer than three hundred feet (300') to the exterior wall of a primary or secondary dwelling as defined in the county tax rolls or to the exterior wall of a building open to the public, unless such minimum setback is waived in writing by the drill site owner or impacted owner.

   K.   Location Of Site Equipment: To the extent practical, oil and gas drilling and production site equipment, such as, but not limited to, tank batteries, flares and heater treaters, shall be consolidated at centralized locations. If centralized equipment is not practical, such equipment shall be located, when reasonably possible, on the opposite side of the site from the nearest impacted owners, unless such owners waive this requirement in writing. For purposes of siting under this section, construction, structural and engineering requirements such as, without limitation, placement of facilities on cut rather than fill shall be considered and given deference.

   L.   H2S Gas: Operators of oil and gas drilling and production sites in areas where H2S gas is likely to be or is actually encountered shall provide notice to those around the site according to the requirements of the Pipeline and Hazardous Materials Safety Administration (PHMSA) prior to drilling when H2S gas is likely to be encountered, and as soon as reasonably practicable after H2S gas is actually encountered or as required by the PHMSA.

   M.   Oil and Gas Drilling and Production Sites located near impacted owners shall comply with the following:

      1.   If the drill oil and gas drilling and production site owner owns all dwellings or buildings open to the public within six hundred sixty feet (660') of the wellhead or the closest edge of a compressor station or water handing facility, the surface use agreement or alternative arrangement approved by the Utah Board of Oil, Gas and Mining, that satisfies the requirements of the Utah Surface Owner Protection Act, together with the requirements of this section, including an administrative conditional use permit granted under this section, shall govern the location and development of the oil and gas drilling and production site.

      2.   If the oil and gas drilling and production site owner is not the owner of all dwellings or buildings open to the public within six hundred sixty feet (660') of the wellhead, or closest edge of a compressor station or water handling facility, the following process pertaining to impacted owners shall be followed:

         a.   The operator shall notify, by certified mail, the impacted owners of the operator’s intent to locate the oil and gas drilling and production site a minimum of forty five (45) days prior to applying for a permit to drill (APD) to DOGM and offer to discuss the well site oil and gas drilling and production site location and mitigation measures with the impacted owners;

         b.   The operator shall consult in good faith with any responsive impacted owners regarding the location of the oil and gas drilling and production site and take reasonable actions to mitigate impacts to the impacted owners. Examples of impacts that may need to be mitigated include, but are not limited to, the following:

            (1)   Noise.

            (2)   Lighting.

            (3)   Dust.

            (4)   Site security.

            (5)   Emergency notification procedures.

            (6)   Location of roads, pipelines, and production equipment.

          c.   If all impacted owners do not respond to the operator within twenty one (21) days of the date when the notice above was mailed, the operator may proceed with filing an application for permit to drill (APD) for the proposed oil and gas drilling and production site location.

         d.   If an impacted owner does respond within the twenty one (21) day period, the operator or designee shall notify the county of the results of the consultation and whether an agreement regarding mitigation has been reached. If an agreement is reached, the operator or designee may proceed to file the application for a permit for drill (APD). If an agreement is not reached, the operator or designee and impacted owners are encouraged to mediate their differences, if reasonably possible.

   N.   Administrative Conditional Use Permit Required: Notwithstanding the dimension of the oil and gas drilling and production site setback; in all zoning districts, the following additional requirements shall apply:

      1.   The operator of a proposed oil and gas drilling and production site shall, at least thirty (30) days prior to spudding or construction, apply for an administrative conditional use permit, which shall be considered subject to the standards and mitigation measures outlined above.

      2.   Notwithstanding the requirements of sections 8-13-2 and 8-13-3 of this chapter, the zoning administrator is given the authority to grant or deny administrative conditional use permits for oil and gas drilling and production sites in all zoning districts. If an operator’s permit application complies with the provisions of this chapter the administrator shall approve the permit or approve the permit with conditions designed to reasonably mitigate anticipated adverse impacts. The administrator may deny a permit only if it is not possible to impose reasonable conditions of approval to mitigate the anticipated impacts. Such administrative decisions may be made after seven (7) days’ mailed notice to property owners within six hundred sixty feet (660') of the boundaries of the oil and gas drilling and production site owner’s property. Decisions of the zoning administrator made under this section may be appealed to the planning commission within ten (10) days of the date the decision is mailed. Decisions of the planning commission may be appealed to the county commissioners as set forth in section 8-16-3 of this title. An exception to this administrative conditional use permit requirement shall be granted by the Zoning Administrator when an oil or gas well has been spudded, or construction of a compressor station or water handling facility has commenced, prior to the effective date of this ordinance.

   O.   In addition to the requirements of the conditional use permit, the surface use agreement or other contractual agreement entered into between the oil and gas drilling and production site operator and the surface owner or impacted owner shall govern the wed oil and gas drilling and production site location and mitigation measures to be implemented. The oil and gas drilling and production site operator and site or surface owner shall not be required to disclose the provisions of any surface use agreement or other contractual agreement to the administrator nor may the conditional use permit application require an operator or oil and gas drilling and production site owner to include such agreement or the provisions of the same.

   P.   Notwithstanding the foregoing, if future development of any primary or secondary dwelling (as designated in the county tax rolls) or any building open to the public, encroaches within six hundred sixty feet (660') of an existing oil and gas drilling and production site, the requirements of this section shall not apply.

   Q.   Nothing in this chapter shall require an operator to compensate a drill site owner, impacted owner, or any third party for any mitigation pursuant to this chapter. However, all surface use agreements or other contractual agreements between the oil and gas drilling and production site owner, surface owner or impacted owner and the operator shall clearly state which party shall cover the costs of implementing the mitigation measures agreed to by the parties.

   R.   Transportation Considerations: Notwithstanding the dimension of the oil and gas drilling and production site setback; in all zoning districts, Oil and Gas Drilling and Production Sites proposed within Duchesne County shall be reviewed for compliance with the Duchesne County Transportation Master Plan, as amended, including the payment of a transportation service fee as set forth in all applicable ordinances, prior to the commencement of spudding or construction. (Ord. 12-308, 5-13-2013; amd. Ord. 24-409, 11-18-2024)

These conditions may include:

   A.   Landscaping, Design: That the site will be suitably landscaped and maintained and that the design, setbacks, fences, walls and buffers of all buildings and other structures are adequate to protect property and preserve and/or enhance the appearance and character of the area.

   B.   Parking: Provisions of parking facilities, including vehicular ingress and egress, loading and unloading areas and the surfacing of parking areas and driveways to specified standards.

   C.   Streets, Water, Sewer, Fire Protection: The provision of required street and highway dedication and improvements, and adequate water supply, sewage disposal and fire protection.

   D.   Signs: Regulation of signs.

   E.   Nuisances: The mitigation of nuisance factors, such as noise, vibrations, smoke, dust, dirt, odors, gases, noxious matter, heat, glare, electromagnetic disturbances and radiation.

   F.   Operating Hours: The regulation of operating hours for activities affecting normal schedules and functions. (1998 Code § 17.52.055)

Unless there is substantial action under a conditional use permit within a period of eighteen (18) months of its issuance, the permit shall be considered null and void. (1998 Code § 17.52.060)

   A.   Authority: If there is cause to believe that grounds exist for revocation or modification of an approved conditional use permit, the planning commission shall hold a public hearing on the question of modification or revocation of a conditional use permit granted under the terms and the provisions of this title.

   B.   Conditions: A conditional use permit may be modified or revoked if the planning commission 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 now ceased for at least six (6) consecutive calendar months. This subsection does not apply to surface or subsurface mining and critical infrastructure materials operations.

      3.   One or more of the conditions of the conditional use permit have not been met.

   C.   Modification By Planning Commission: Additionally, the conditions under which a conditional use permit was originally approved may be modified by the planning commission without the consent of the property owner or operator, if the planning commission finds that the use or related development constitutes or is creating a demonstrated nuisance. Should reclamation be necessary, complete restoration, to such an extent that the area will not depreciate the surrounding property or impair the beauty of the landscape, shall be accomplished within a twelve (12) month time frame. (1998 Code § 17.52.070; amd. Ord. 19-373, 9-7-2019)