This chapter and the administrative manual provide the standards and procedures for the review of all conditional use and conditional sign applications and required to determine compliance with this title. (Ord. 12-12-04, 12-4-2012)

   A.   The commission is authorized as the land use authority responsible to review and approve, approve with conditions, or deny all conditional C-1 use applications and all conditional C-1 and C-2 sign applications.

   B.   The BOCC, following the receipt of a commission recommendation, is authorized as the land use authority responsible to review and approve, approve with conditions, or deny all conditional C-2 use applications. (Ord. 12-12-04, 12-4-2012)

   A.   The procedures for the review of a conditional C-1 use application and a conditional sign application are identified by chapter 5 of the administrative manual.

   B.   The procedures for the review on a conditional C-2 use application are identified by chapter 5 of the administrative manual.

   C.   The commission for conditional C-1 use applications and all conditional sign applications, and the commission in formulating a recommendation, and the BOCC in deciding a conditional C-2 use application shall review the application and shall determine:

      1.   The proposed use is a conditional use within the zoning district as identified in section 10-25-1 of this title, appendix A, table of uses.

      2.   The proposed sign is a conditional sign within the zoning district as identified in chapter 9 of this title.

      3.   The proposed use or sign complies with all requirements of the zoning district, including all minimum area, setbacks, height, and all other requirements as applicable.

      4.   The proposed use or sign will be conducted in compliance with the requirements of this title, all other applicable land use ordinances, and all applicable federal, state, or local requirements and regulations.

      5.   The property on which the use or sign is proposed is of adequate size to permit the conduct of the use or sign in a manner that will not be detrimental to adjoining and surrounding properties.

      6.   The proposed use or sign with all site plan and building requirements, as provided and required by this title, all other applicable land use ordinances, and all applicable federal, state, or local requirements and regulations.

      7.   The proposed use or sign complies with all applicable dedication requirements of the county and provides the necessary infrastructure, as required.

      8.   Such use or sign will not, under the conditions required, be detrimental to the health, general welfare and safety of persons or injurious to property or improvements of the immediate area or the county as a whole. (Ord. 12-12-04, 12-4-2012)

   A.   The commission in deciding a conditional C-1 use or conditional sign application shall find that the procedural requirements and review standards of section 10-8-3 of this chapter have been met.

   B.   The commission in making a recommendation and the BOCC in deciding a conditional C-2 use application shall find that the procedural requirements and review standards of section 10-8-3 of this chapter have been met. (Ord. 12-12-04, 12-4-2012)

The commission and the BOCC may impose reasonable conditions with respect to location, construction, maintenance, operation, site planning, traffic control, hours of operation, and other items for the approval of a conditional C-1 or C-2 use application or conditional sign application deemed necessary by the commission or BOCC to mitigate possible detrimental effects of the proposed use or sign, to secure the purposes of this title, and to protect adjacent properties and the public interest. Reasonable conditions may include:

   A.   Size, configuration, and site plan design and layout.

   B.   Site ingress and egress locations.

   C.   The provision of adequate public facilities and amenities, including roads and streets, water, sewer, storm drainage, public safety and fire protection, and other utilities.

   D.   The location and amount of off street parking and loading areas.

   E.   Site circulation patterns for vehicular and pedestrian traffic.

   F.   Building(s) and sign(s) size and location(s), building and sign design and features, materials, and colors.

   G.   The location and design of all site features, including the location of proposed building(s), sign(s), lighting, and waste collection.

   H.   The provision of open space, public features, and recreational amenities.

   I.   Fencing, screening, buffering, and landscape treatments and other features designed to increase the attractiveness of the site and protect adjoining property owners from adverse impacts.

   J.   Measures designed to minimize or eliminate potential nuisance factors including, but not limited to, noise, vibrations, smoke, dust, dirt, odors, gases, noxious matter, heat, glare, electromagnetic disturbances, and radiation.

   K.   Measures designed to protect the natural features of the site, including, but not limited to, rivers and creeks, lakes and reservoirs, wetlands, drainageways, groundwater protection, and slopes.

   L.   The regulation of operating hours.

   M.   Identifying a time for regular review and monitoring to ensure the use or sign continues to operate in compliance with all conditions and requirements of approval.

   N.   Such other conditions determined reasonable and necessary by the commission and the BOCC to allow the operation of the use or sign in compliance with the requirements of this title, all other land use ordinances, and all federal, state, or local regulations, as applicable. (Ord. 12-12-04, 12-4-2012)

   A.   If the conditional use or conditional sign application complies with all the requirements of this title, all other applicable ordinances and resolutions, and the building codes as adopted, the commission or BOCC, as applicable, shall approve the application, with or without revisions, requirements, and conditions determined necessary for compliance to all requirements.

   B.   If the conditional use or conditional sign application does not comply with the requirements of this title, all other applicable ordinances and resolutions, and the building codes as adopted, the commission or BOCC, as applicable, shall not approve the conditional use application, and no building permit shall be issued. (Ord. 12-12-04, 12-4-2012)

   A.   Approval of a conditional C-1 use or conditional sign application by the commission shall authorize the establishment of the approved use or sign, subject to any revisions, requirements, and conditions. Only when the conditional C-1 use or conditional sign application has been approved by the commission, and a building permit issued, as required, may any building, activity, construction, or occupancy be commenced. Approval of a conditional C-1 use or conditional sign application by the commission shall not be deemed an approval of any other land use application, permit, or license.

   B.   Approval of a conditional C-2 use by the BOCC shall authorize the establishment of the approved use, subject to any revisions, requirements, and conditions. Only when the conditional C-2 use has been approved by the BOCC, and a building permit issued, as required, may any building, activity, construction, or occupancy be commenced. Approval of a conditional C-2 use by the BOCC shall not be deemed an approval of any other land use application, permit, or license. (Ord. 12-12-04, 12-4-2012)

Following the approval of a conditional C-1 use or conditional sign by the commission or a conditional C-2 use by the BOCC, the county planner/zoning administrator shall record the approved conditional use or sign permit in the office of the Millard County recorder. The recorded conditional use or conditional sign permit shall act as the official permit. The applicant for the conditional use or conditional sign permit shall bear the costs of recording the approved permit. (Ord. 12-12-04, 12-4-2012)

   A.   Any person aggrieved by a decision of the commission for any conditional C-1 use application or any conditional sign application may appeal the decision to the appeal authority, as identified by chapter 14 of this title.

   B.   Any person aggrieved by a decision of the BOCC for any conditional C-2 use application may appeal the decision to the appeal authority, as identified by chapter 14 of this title. (Ord. 12-12-04, 12-4-2012)