On any proposal to construct a building or other improvement(s) to property which is defined by this title and FCC Title 17 as a permitted use in the zone in which proposed, the City staff shall review the submission to determine whether the proposal:

The application for a building permit for a permitted use shall contain the following information, in addition to information required by the International Building Code:

The purpose of this chapter is to describe the standards and processes by which the City will review applications for conditional uses in accordance with the Utah Land Use Development Management Act and other governing laws.

A preapplication conference may be held with the City staff or Planning Commission to determine the nature of the use and the general nature of conditions that might be imposed. At the preapplication conference, City staff and the applicant shall review the application form, the materials and information needed to complete the form, and the procedures used in reviewing the conditional use.

Fees for projects that require review and/or inspection by the City Attorney, City Engineer, or other consultant(s) shall be billed to the applicant at the actual billed rates incurred by the City, in addition to all other applicable fees. To assure prompt payment, the applicant shall deposit with the City sufficient funds against which the City may draw to satisfy these costs, in amounts set forth in the City's then-prevailing fee and rate ordinance.

All funds in applicant deposit accounts are available at all times for expenditure by the City to satisfy fees incurred by the City for the project. The City shall notify applicants monthly of the fees incurred during the previous month for the applicant's project. The City shall pay interest on applicant deposit accounts, at the rate at which the City would earn interest on monies in the City's general fund balance for the applicable period, and shall credit said interest to the applicant's deposit account. If the balance on deposit for an applicant drops below an amount sufficient to cover anticipated costs, the applicant must pay all outstanding billings for the month plus bring the deposit account back up to a sufficient amount, as set forth in the City's then-prevailing fee and rate ordinance. If at any time an applicant's deposit account does not comply with the provisions set forth herein, the City's staff and its contractors, agents and consultants shall stop work on the project until the account comes into compliance. At the conclusion or termination of a project, any unexpended amounts in an applicant's deposit account shall be refunded to the applicant with interest.

A conditional use application shall be filed on a form prepared by the City, and shall be supported and accompanied by the following information:

A written statement shall be submitted with the following documentation containing and/or explaining the following information:

Upon receipt of the complete conditional use application and payment of all applicable fees, the City staff shall give notice to the public in accordance with the provisions of FCC § 18.05.060.

The posted, mailed, and published notice shall identify the conditional use proposal and location, and shall state that a public hearing has been scheduled in accordance with FCC § 18.05.060.

Unless otherwise specified during the review and approval process, conditional use permits shall expire one year from the date of the Planning Commission approval of the conditional use permit, unless substantial construction activity has commenced on the project. Substantial construction activity is evidenced by the developer obtaining building permits for the project (or for the first phase of a phased project). Permits may be issued in stages, but the issuance of a footing and foundation permit is not evidence of substantial construction activity unless the permits for the remainder of the structure (or remainder of the phase, in phased projects) are obtained within six months of the issuance of the footings and foundation permit. Demolition permits do not evidence substantial construction work for purposes of extending a conditional use permit. Whether construction has commenced or not, the Planning Commission may grant an extension for up to one additional year when the applicant is able to demonstrate a legitimate delay in the start of construction, such as inclement weather, delays in financing, or similar factors.

A conditional use shall be approved if reasonable conditions are proposed, or can be imposed, to mitigate the reasonably anticipated detrimental effects of the proposed use in accordance with applicable objective standards of this title and FCC Title 17. 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 of this title and FCC Title 17, the conditional use may be denied. No conditional use permit shall be issued unless the City finds that the application complies with all requirements of this title and FCC Title 17 and that the reasonably anticipated detrimental effects can be mitigated. All infrastructure improvements must be concurrently constructed and timed carefully with the development and costs associated with them borne by the developer as previously outlined. The City shall review each of the following items when considering a conditional use permit and proposing or imposing conditions on the permit:

If a conditional use approval is located within the sensitive area overlay zone, or designated area, additional requirements and regulations may apply. See the sensitive lands provisions in Chapter 18.120 FCC.

An Administrative Law Judge shall be the appeal authority to hear and decide requests for variances from the terms of this title. An adverse decision by the Administrative Law Judge may be appealed to district court pursuant to Utah law.

The City Council shall be the appeal authority for review of constitutional takings issues.

The City Council shall be the appeal authority of all nonvariance land use decisions in which the City Council has not first acted as the land use authority. Appeal of such decisions shall be made to the City Council within 10 days of the decision being appealed. The standard of review by the City Council shall be de novo. An adverse decision by the City Council acting as the appeal authority may be appealed to district court pursuant to Utah law.

Appeal shall be made directly to District Court of all nonvariance land use decisions in which the City Council has acted as the land use authority. In acting as the land use authority, the City Council shall keep a written record of its proceedings in the form of minutes or other records.

Each appeal authority in the City shall keep a written record of its appeal proceedings.

If no appeal has been filed at the end of 30 calendar days from the date of final action by the City Council, Planning Commission, Administrative Law Judge or City Planner, the action is final.