Myton City Zoning Code
CONDITIONAL USES
§ 153.190 ISSUANCE AND PURPOSE.
(A) This chapter is provided to identify the procedures, decision standards and other matters for the review of conditional use applications. Conditional use permits may be issued as provided by this chapter for any of the uses identified as a conditional use in the table of uses, located in § 153.155.
(B) A conditional use permit shall be approved if reasonable conditions are proposed, or can be imposed, to mitigate the reasonably anticipated detrimental effects of the proposed land use in accordance with applicable standards. If the reasonably anticipated detrimental effects of a proposed conditional use cannot be substantially mitigated by the proposal or the imposition of reasonable conditions to achieve compliance with applicable standards, the conditional use permit may be denied.
(C) The purpose of the issuance of a conditional use permit is to allow the proper integration of uses that may be suitable only if such uses are designed, arranged or conducted in a particular manner.
(Prior Code, § 10-11-1) (Ord. passed 8-10-2006)
§ 153.191 AUTHORITY.
The City Council, following a Planning Commission recommendation, is hereby authorized to review and render a final decision in approving, approving with additional conditions, or denying conditional use applications.
(Prior Code, § 10-11-2) (Ord. passed 8-10-2006)
§ 153.192 INITIATION.
All requests to establish a conditional use, as identified as a conditional use in the table of uses, shall be made on the application form provided by the city. A property owner may present a conditional use application for review by the Planning Commission and decision by the City Council. An agent of the property owner, or a lessee of the property, may present a conditional use application, provided such application is accompanied by a property owner’s affidavit of authorization.
(Prior Code, § 10-11-3) (Ord. passed 8-10-2006)
§ 153.193 FINDINGS AND CONDITIONS.
(A) Required. The Planning Commission may recommend approval to grant a conditional use permit in compliance with this chapter if, from the application and the facts presented at the public hearing, it finds:
(1) The proposed use at the proposed location will not be unduly detrimental or injurious to property or improvements in the vicinity and will not be detrimental to the public health, safety or general welfare;
(2) The proposed use will be located and conducted in compliance with the goals and policies of the general plan and the purposes of this chapter; and
(3) The property on which the use, building or other structure is proposed is of adequate size and dimensions to permit the conduct of the use in such a manner that will not be materially detrimental to adjoining and surrounding properties.
(B) Travel trailer camps or courts. Travel trailer camps or travel trailer courts shall also meet the requirements as set forth in § 151.03 of this code of ordinances.
(Prior Code, § 10-11-4) (Ord. passed 8-10-2006)
§ 153.194 PROCEDURE FOR OBTAINING APPROVAL.
(A) Planning Commission public hearing.
(1) Prior to recommending either approval or disapproval to a conditional use application, the Planning Commission shall consider the conditional use application at a public hearing by providing a minimum of ten days’ notice of the Planning Commission public hearing.
(2) The minimum notice required for the Planning Commission public hearing shall be provided as required in § 153.004.
(B) Recommendation to City Council. Following the close of the public hearing, or at a subsequent meeting, the Planning Commission shall render a recommendation to the City Council on the conditional use application. The Planning Commission may recommend approval of the conditional use application as presented, approval of the application with added or modified conditions or restrictions, or denial of the application.
(C) City Council public hearing; decision.
(1) (a) The City Council shall consider the recommendation by the Planning Commission and all other input received on the application during a public meeting.
(b) The City Council may approve, approve with conditions, or deny the conditional use application.
(2) The minimum notice required for the City Council public meeting shall be provided as required in § 153.004.
(Prior Code, § 10-11-5) (Ord. passed 8-10-2006)
§ 153.195 REVOCATION OR MODIFICATION OF PERMIT.
(A) Public hearing. If there is cause to believe that grounds exist for revocation or modification of an approved conditional use permit, the City Council shall hold a public hearing on the question of modification or revocation of a conditional use permit granted under the terms and the provisions of this chapter.
(B) Conditions. A conditional use permit may be modified or revoked if the City Council finds that one or more of the following conditions exists:
(1) The conditional use permit was obtained in a fraudulent manner;
(2) The use for which the conditional use permit was granted has now ceased for at least six consecutive calendar months; and/or
(3) One or more of any conditions or restrictions established with the approval of the conditional use permit have not been met.
(C) Modification of approval.
(1) Additionally, the conditions under which a conditional use permit were originally approved may be modified by the City Council without the consent of the property owner or operator, if the City Council finds that the use or related development constitutes or is creating a demonstrated nuisance.
(2) Should reclamation be necessary, complete restoration to such an extent that the area will not depreciate the surrounding property or impair the beauty of the landscape, shall be accomplished within a 12-month time frame.
(Prior Code, § 10-11-6) (Ord. passed 8-10-2006)