In order to give the use regulations the flexibility necessary to achieve the objectives of this title provision is made for conditional uses in each zone, subject to the granting of a conditional use permit. Because of their unusual characteristics, conditional uses require special consideration so that they may be located properly with respect to the objectives of the zoning regulations and with respect to their effects on surrounding properties. In order to achieve these purposes, the Planning and Zoning Commission is empowered to grant or deny applications for conditional use permits for such conditional uses as are prescribed in the district regulations and to impose reasonable conditions upon the granting of conditional use permits subject to the right of appeal to the Board of Adjustment.

1. Any person who is required to obtain a radioactive material license under the Radioactive Control Act found in Section 19-3-101 Et. Seq. Utah Code Annotated, as amended, 1953, for a facility to be located in Milford City shall also be required to obtain a conditional use permit from Milford City.
2. Any person who is not required to obtain a radioactive material license as described above but who is involved in the transloading, change in mode of transportation or any type of "extra" handling of radioactive materials other than the uninterrupted transportation of such materials through Milford City by rail or motor vehicle, shall be required to obtain a conditional use permit from Milford City.
3. No Conditional Use Permit involving radioactive materials will be authorized in any Zoning District except the Manufacturing or Industrial Zones.
4. The Conditional Use Permit must be approved by the Milford City Council instead of the Planning and Zoning Commission and therefore Chapter 13.36 of the Milford City Code of Revised Ordinances is amended for the purpose of this type of Conditional Use Permit only by substituting "Milford City Council" in each place where Planning and Zoning Commission is written.
5. The Milford City Council may impose impact fees to pay for training and equipment necessary to detect the release of radioactive materials and protect or treat the inhabitants of Milford City from accidents and other events associated with the proposed operation.

(Ord. 14-2001, Amended, 10/17/2001)

Application for a conditional use permit shall be filed with the city on a form prescribed by the Planning and Zoning Commission and shall include the following data and maps:

1. Name and address of the applicant;
2. Statement that the applicant is the owner or the authorized agent of the owner of the property on which the use is proposed to be located. This provision shall not apply to a proposed public utility right-of-way;
3. Address and legal description of the property;
4. Statement indicating the precise manner of compliance with each of the applicable provisions of this title, together with any other data pertinent to the use permit, prescribed in this chapter.
5. A list of all owners of property located within 300 feet of the exterior boundaries of the subject property; the list shall be keyed to a map showing the location of these properties;
6. Plot plans and elevations, fully dimensioned, indicating the type and location of all buildings and structures, parking and landscape areas and signs. Elevation plans shall be of sufficient detail to indicate the type and color of materials to be employed and methods of illumination for signs. Screening, landscape and irrigation plans shall be included in the plans;
7. The City may require additional information or plans, if they are necessary, to enable a determination as to whether a conditional use permit should be granted or denied. The City may authorize omissions of any or all of the plans and drawings required by this section if they are not necessary.
   

The Commission may grant a conditional use permit as the permit was applied for or in modified form, or the application may be denied. A conditional use permit may be granted for a limited time period, or may be granted subject to such conditions as the Commission may prescribe. Conditions may include, but shall not be limited to, payment of drainage fees, requiring special yards, open spaces, buffers, fences, and walls; requiring installation and maintenance of landscaping; requiring street dedications and improvements; regulations of points of vehicular ingress and egress; regulation of traffic circulation; regulations of signs; regulation of hours of operation and methods of operation, control of potential nuisances; prescribing standards for maintenance of buildings and grounds; description of development schedules and development standards; and such other conditions as the commission deems necessary to insure compatibility of the use with surrounding developments and uses and to preserve the public health, safety and welfare.

The Planning and Zoning Commission shall make the following findings before granting a conditional use permit:

1. That the proposed location of the conditional use is in accord with the objectives of this title and the purpose of the district in which the site is located; and
2. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity; and
3. That the proposed conditional use will comply with each of the applicable provisions of this title, except for approved variances or adjustments; and
4. That the proposed conditional use complies with the goals, objectives, and policies of the Milford City's General Plan.

(Ord. Ordinance 11-2001, Amended, 07/03/2001)

The decision of the Planning and Zoning Commission shall be final within 10 days from the date of the decision unless an appeal has been filed with the Board of Adjustment.

A decision of the Planning and Zoning Commission may be appealed to the Board of Adjustment.

A conditional use permit shall lapse and shall become void one year following the date on which the use permit became effective, unless prior to the expiration of one year, a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the use permit application, or a certificate of occupancy is required; provided, that a use permit for a public utility installation may be valid for a longer period if specified by the Planning and Zoning Commission. Prior to the expiration of the permit, the applicant may request a 12 month time extension by filing with the Planning and Zoning Commission.

All provisions of this chapter shall apply to an application for modification, expansion, or other change in a conditional use; provided, that minor revisions or modifications may be approved by the Planning and Zoning Commission if determined that the changes would not affect any previous findings and the application for revision or modification is filed within one year from the date the original conditional use permit becomes final, does not change the use designated in the original conditional use permit, does not increase, reduce, or alter the size or shape of the premises to which the original conditional use permit pertained, and does not extend the time in which the actual establishment of the conditional use permit or the commencement of construction under the conditional use permit shall take place.

Upon violation of any applicable provision of this title, or, if granted subject to conditions, upon failure to comply with conditions, a conditional use permit shall be suspended automatically. The Planning and Zoning Commission shall discuss the matter, at its next regular meeting, to determine whether or not the regulation, general provisions, or conditions are being met. The Planning and Zoning Commission may revoke the conditional use permit or take such action as may be necessary to ensure compliance with the regulation, general provision, or conditions. Within 10 days following the date of a decision of the commission revoking a use permit, the secretary shall transmit to the city council written notice of the decision. The decision shall become final 30 days following the date on which the use permit was revoked unless an appeal has been filed.

A conditional use permit granted pursuant to the provisions of this chapter shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the conditional use permit application. (Ord. Ordinance 2-2008 Permit to Run With Land, Amended, 02/13/2008; Ord. Ordinance 2-2006, Amended, 02/08/2006)