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Hyrum City Zoning Code

17.84 Conditional

Use Permits

17.84.010 When Required

A conditional use permit shall be obtained for all uses listed as such under each land use zone regulations. No building permit or license shall be issued for a conditional use until the conditional use is approved by the Hyrum City Planning Commission.

HISTORY
Amended by Ord. 19-04 on 3/7/2019

17.84.020 Application - Form

Application for a conditional use permit shall be made at the Hyrum City offices on forms provided for that purpose. 

17.84.030 Fees

All persons requesting a conditional use permit shall submit a nonrefundable fee as part of the application process. This fee may be set and changed from time to time by resolution of the City Council. Regardless of whether the conditional use permit is approved or not, the fee will be retained by Hyrum City. Fees charged for the permit (if any) may be set by City Council resolution and must be paid before the actual permit is issued. 

17.84.040 Development Plan-Required - Contents

The applicant shall prepare a site plan of the proposed conditional use, drawn to scale and showing all existing and proposed buildings, fences, landscaping, vehicle parking and loading areas, and such other information as the Planning Commission may require. 

17.84.050 Development Plan-Submission - Hearing

The development plan shall be submitted to the planning commission at least two weeks before its regularly scheduled meeting. The commission shall, insofar as practical, give notice of the first meeting at which the development plan will be considered to all contiguous properties and those properties across the street from the subject property’s frontage, or frontages, in the case of a corner lot. These property owners will be invited to express their reaction to the proposal. The names and addresses of said property owners shall be furnished to the planning commission by the applicant at least two weeks before the meeting at which the development plan shall be first considered. Compliance with this section shall not be a condition precedent to proper legal notice and no hearing or action taken thereon shall be deemed invalid or illegal because of failure to provide notification as stated in this section. The planning commission may also hold a public hearing as may be deemed necessary. 

17.84.060 Application - Determination

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 standards. If the reasonably anticipated detrimental effects of a proposed conditional use cannot be mitigated by the proposal or the imposition of reasonable conditions to achieve compliance with applicable standards, the conditional use may be denied. Approval shall consider the following items:

  1. That the proposed use is necessary or desirable and will contribute to the general well-being of Hyrum City;
  2. That the use will not 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;
  3. That the proposed use will comply with the regulations of this title as may be applicable;
  4. That the proposed use is in harmony with the intent of the zone in which it is located. 
  5. That the infrastructure will support the new facility.
  6. In setting conditions, the Planning Commission shall show relationship to the broad area of concern to which each condition applies. These areas include:
    1. Traffic
    2. Noise
    3. Odor
    4. Pollution
    5. Hours of operation
    6. Design criteria
    7. Lighting
    8. Visual blight
    9. Safety conditions not related to one of these broad areas may not be imposed.

17.84.070 Time Limit

A conditional use permit shall be null and void one year after approval unless substantial work shall have been accomplished towards its completion. 

17.84.080 Development - Inspection

The City Engineer shall inspect the development during the course of construction. Any items not in compliance with the conditions of the use permit shall be corrected before further construction proceeds. 

17.84.090 Appeals

Appeals of any decisions of the Planning Commission shall be made to the Administrative Appeals Hearing Officer. Appeals shall be filed in writing with the City Recorder within ten (10) calendar days of the decision of the commission as per provisions of HCC 17.16. (Ord. 08-13)

17.84.100 Revocation

A conditional use permit shall be reviewed every two years for compliance with the terms under which it was issued. It may be revoked upon failure to comply with requirements imposed when the permit was originally approved or as thereafter revised. 

19-04