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Marriott Slaterville
City Zoning Code

13.23 Conditional

Uses

13.23.010 Purpose And Intent

The purpose of the conditional uses section is to provide for uses, which might not be permitted in certain zones, but are compatible and related to the uses permitted in these zones. The intent is to make provision for said uses under conditions and circumstances that pertain to that zone. Since said uses would not normally be permitted in that zone, careful examination and establishment of the conditions for permitting said uses is provided for under these procedures.

13.23.020 Conditional Use Permit

A Conditional Use Permit shall be required for all uses listed as Conditional Uses in the zone regulations. A Conditional Use Permit may be revoked by the Planning Commission, based upon sufficient evidence of failure to comply with the conditions imposed on the permit, or based upon sufficient evidence of other violations of law.

13.23.030 Application Procedure

  1. Application for a Conditional Use Permit shall be made to the Planning Commission.
  2. A site plan showing details and other requirements as outlined in Chapter 13.38 shall accompany the completed application forms provided by the City.
  3. The application together with all pertinent information shall be considered by the Planning Commission at its next regularly scheduled meeting.
  4. The Planning Commission may call a special public hearing on any application after adequate notice if it is deemed in the public interest.
  5. A record of the hearing, together with a recommendation for the denial or issuance of the Conditional Use Permit with conditions of approval or reasons for denial shall be forwarded to the mayor and council.

13.23.040 Determination

The Planning Commission may deny or permit a Conditional Use to be located within any zone in which the particular Conditional Use is permitted by the use regulations of that zone. In authorizing and Conditional Use, the Planning Commission shall impose such requirements and conditions necessary for the protection of adjacent properties and the public welfare.

13.23.050 Basis For Issuance Of Conditional Use Permit

The Planning shall not authorize the issuance of a Conditional Use Permit unless evidence is presented to establish:

  1. That the proposed use of the particular location is necessary or desirable to provide a service or facility which will contribute to the general well-being of the community, and
  2. That such use will not, under the circumstances of the particular case and the conditions imposed, be detrimental to the health, safety and general welfare of persons no injurious to property or improvements in the community, but will be compatible with and complementary to the existing surrounding uses, buildings and structures when considering traffic generation, parking, building design and location, landscaping and signs, and
  3. That the proposed use will comply with the regulations and conditions specified in this Ordinance for such use, and
  4. That the proposed use conforms to the goals, policies and governing principles and land use of the General Plan, and
  5. That the proposed use will not lead to the deterioration of the environment or ecology of the general area, nor will produce conditions or emit pollutants of such a type or of such a quantity so as to detrimentally effect, to any appreciable degree, public and private properties including the operation of existing uses thereon, in the immediate vicinity of the community or area as a whole.

13.23.055 Conditional Use Standards

  1. The following conditions may be imposed to mitigate the reasonably anticipated detrimental effects of the proposed use:
    1. On-site security, security system, or security plan.
    2. Additional set-backs or landscaping.
    3. Additional storm water facilities or retention.
    4. Sign limitations.
    5. Easements, covenants, deed restrictions, or similar limitations.
    6. Limits on hours of operation, in whole or part.
    7. Limits on hours of operation of equipment or machinery.
    8. Limits on the types of equipment or machinery.
    9. Height limits.
    10. Size limits.
    11. Density limits.
    12. Structural limits.
    13. Time limits for construction, temporary uses, limited uses, or limited operation.
    14. Limits on number of objects or animals.
    15. Conditions to limit light, glare, or heat.
    16. Conditions to limit vibration, movement, odor, or noise.
    17. Architectural, fencing, landscaping, or design mitigation.
    18. Limits on number of employees, patrons, or automobiles.
    19. Traffic regulations, congestion reduction measures, and limited access.
    20. Limitations to improve public health.
    21. Limitations to improve public safety.
    22. Other conditions to mitigate anticipated detrimental impacts.
  2. If reasonable anticipated detrimental affects cannot be mitigated, then the conditional use shall be denied.

13.23.060 Appeal

  1. The decision of the planning commission may be appealed to the mayor at the next regular council meeting by filing a written appeal within 15 days after the date of the planning commission meeting where the decisions was rendered.
  2. After review and opinion from the council, the mayor may uphold or reverse the decision of the planning commission and impose any additional conditions that it may deem necessary in granting an appeal.
  3. The decision of the mayor may be appealed to the board of adjustment within 15 days of the decision of the mayor, only after the filing a written appeal by an aggrieved party. The board of adjustment shall review the decision of the mayor and planning commission decisions for correctness.

13.23.070 Building Permit And Improvement Guarantee

  1. Following the issuance of a Conditional Use Permit, the Building Inspector shall approve an application for a building permit and shall insure that development is undertaken and completed in compliance with said permits and conditions pertaining thereto.
  2. Prior to the issuance of an Occupancy Permit, the developer shall guarantee to the city, the completion of any uncompleted improvements or conditions of approval, by requiring the posting of a bond, bank letter of credit or cash escrow or similar guarantee.

13.23.080 Expiration

A conditional use permit granted in accordance with this section is deem expired if:

  1. There is no substantial action taken under a conditional use permit within a maximum period of one (1) year after of its issuance. The planning commission may grant a maximum extension of six (6) months under exceptional circumstances.
  2. The operation of the conditional use permit is abandoned or otherwise ceases to function for a period more than 180 days. Once the permit is expired a new permit must be obtained as provided in this chapter. The planning commission may grant a maximum extension of six (6) months under exceptional circumstances.

HISTORY
Adopted by Ord. 2004-05 on 1/1/2004