Conditional uses are those specific uses that may be permitted under special conditions and in special locations within a zoning district. They are not included as permitted uses because they may be improper in general locations. These uses require conditional use permits that must be approved by the Escalante City Planning Commission and the Escalante City Council.

A conditional use permit is required for all uses listed as conditional uses in the zoning district regulations or elsewhere in this Ordinance. A conditional use permit may be revoked by the Escalante City Council for failure to comply with the conditions prescribed in the original approval of the conditional use. No building permit or other permit or license will be issued for a use requiring a Conditional Use permit without first being reviewed and/or approved by the Escalante City Planning Commission and the Escalante City Council.

A conditional use permit application shall be made to the Escalante City Planning & Zoning Commission as provided in this Ordinance. Applications for a conditional use permit shall be accompanied by maps, drawings, statements, or other documents as required by the Escalante City Planning Commission. Applicant shall notify all property owners by certified mail, receipt requested, within 200 ft of the proposed action. Receipts will act as proof of notification and shall be made part of the approval process. Notification shall be at least 14 days prior to the Escalante City Planning Commission meeting where the conditional use permit will be discussed. Failure to notify adjacent property owners may be cause for dismissal.

Applicants shall provide the City Recorder with stamped, addressed envelopes for certified mailing.

Notification letters shall be mailed by the City Recorder.

The applicant for a conditional use permit shall prepare a site plan with elevations (as may be necessary) for the site being proposed for development. The plan shall be drawn to scale and show all existing and proposed buildings, roads, parking, and other information that the Escalante City Planning Commission may deem necessary.

The Escalante City Planning Commission will recommend approval or remand of the Conditional Use Permit consistent with the Zoning District to the Escalante City Council. In approval recommendations of any conditional uses, the Escalante City Planning Commission will suggest regulations and conditions they feel are necessary to protect public health, safety and welfare. 

Prior to recommending approval of a Conditional Use Permit, the Escalante City Planning Commission shall find:

1. That the proposed conditional use is necessary or desirable and will contribute to the general well-being of the community.
2. That the use will not be detrimental to the health, safety or welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity.
3. That the proposed use will comply with the regulations of the Ordinance.
4. That the proposed use is in harmony with the intent and purpose of the Escalante City's General Plan or that the plan shall have first been amended through public hearing.

Standards are defined in EZC 10.26.

Following receipt of a Conditional Use Permit and the recommendation from the Escalante City Planning Commission, the Escalante City Council may approve, modify (and approve), or deny the application in a public meeting. In approving any conditional use, the Escalante City Council will impose regulations and conditions as necessary to protect the public health, safety and welfare. The Escalante City Council will follow the same conditions as stated in EZC 10.18.060.

No structure that has been approved through conditional use may be expanded without approval from the Escalante City Council. Before expanding, the applicant will present a development plan to the Escalante City Planning Commission compliant with EZC 10.18.050. No public hearing is required; however, the Escalante City Planning Commission may deem it necessary.

Following issuance of a Conditional Use Permit by the Escalante City Council, and receipt of all required building permits by the applicant, the Garfield County Building Inspector will insure that all development is in compliance with all permits.

Action authorized by a Conditional Use Permit must commence within one (1) 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 six (6) months. In order to obtain an extension, the permit holder must apply for an extension in writing before the expiration of the original permit. The application must be submitted to the City Recorder and the application must describe the cause for requesting the extension. A Conditional Use Permit shall be good for one (1) year after approval or on a case by case basis.

The permit may be reinstated if the Escalante City Council determines that the cause for revocation has been corrected, and the applicant agrees to proceed according to the originally approved plans.

1. The Escalante City Council may revoke the Conditional Use Permit of any person upon a finding that the holder of the permit has failed to comply with any of the conditions imposed at the time the permit was issued. The Escalante City Council shall send notice of the revocation to the holder of the permit and the holder of the permit shall immediately cease any use of the property which was based on the Conditional Use Permit.
2. If the Escalante City Council revokes any permit under this section, the holder of the permit shall have a right to appeal the revocation of the permit. The holder must file the appeal with the City Recorder within fourteen (14) days of the date of the notice that the City has revoked the Conditional Use Permit.
3. Upon receipt of the appeal, the Escalante City Council shall set a hearing on the appeal at its next regular scheduled meeting which is more than fourteen (14) days after the time the City Recorder received the appeal. The City shall supply the permit holder of the time, date and place of the hearing at least fourteen (14) days before the hearing. At the hearing, the permit holder shall have the right to be heard on the revocation.