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Manti City Zoning Code

17.28 Conditional

Uses

17.28.010 Purpose Of Conditional Use Provisions

Certain uses which may be harmonious under special conditions and in specific locations within a district, but be improper under general conditions and in other locations, are classed as conditional uses within the various districts and require conditional use permits.

17.28.020 Permit Required

A conditional use permit shall be required for all uses listed as conditional uses in the district regulations or elsewhere in this title. A conditional use permit may be revoked upon failure to comply with conditions precedent to the original approval.

17.28.030 Application

  1. A conditional use permit application shall be made to the building inspector as provided in this title. He or she shall submit the application to the planning commission, except that the planning commission may authorize the building inspector to grant or deny conditional use permits, subject to such limitations or qualifications as are deemed necessary.
  2. Applications for a conditional use permit shall be accompanied by maps, drawings, statements, or other documents as required by the planning commission.

17.28.040 Fees

The application for any conditional use permit shall be accompanied by the appropriate fee as determined by the city council.

17.28.050 Public Hearing

No public hearing need be held. However, a hearing may be held if the building inspector or the planning commission shall deem a hearing to be necessary and in the public interest.

17.28.060 Determination

The planning commission, or upon authorization, the building inspector may permit a conditional use to be located within any district in which the particular conditional use is permitted by the use regulations of this title. In authorizing any conditional use the planning commission shall impose such requirements and conditions as are necessary for the protection of adjacent properties and the public welfare. The planning commission shall not authorize a conditional use permit unless the evidence presented is such to establish:

  1. That 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
  2. That the proposed use will comply with regulations and conditions specified in this title for such use;
  3. The planning commission shall itemize, describe, or justify then have recorded and filed the conditions imposed on the use.

17.28.070 Appeals Of Decision

Any person shall have the right to appeal the decision of the building inspector to the planning commission. Appeals from the decision of the planning commission shall be to the city council.

17.28.080 Inspection

Following the issuance of a conditional use permit by the building inspector or the planning commission, the building inspector shall approve an application for a building permit, and shall insure that development is undertaken and completed in compliance with said conditional use and building permit.

17.28.090 Time Limit

  1. A conditional use permit for temporary uses may be issued for a maximum period of six months, with renewals at the discretion of the planning commission for not more than three successive periods thereafter.
  2. Unless there is substantial action under a conditional use permit within a maximum period of one year of its issuance, the permit shall expire. The planning commission may grant a maximum extension for six months, when deemed in the public interest.