Nephi City Zoning Code

The purpose and intent of a conditional use is to allow the compatible integration of specified uses which are related to the permitted uses of the district, but which may be suitable and desirable only by compliance with specified conditions. Uses other than permitted uses shall not be allowed unless, after appropriate administrative review, a use is determined to be compatible, suitable, desirable and related to permitted uses of the district and appropriate conditions are imposed. 

HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 09-21-2021-A, 9-21-2021

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

1.   Application: Application for a conditional use permit shall be made by the property owner or be accompanied by a notarized letter from the owner giving the applicant the right to apply for said permit to the administrator.
2. Conditional Use Permit Approval: The application shall be accompanied by maps, drawings or other documents sufficient to meet the requirements of chapter 17, "Site Plan Review", of this title, for those conditional uses which require such a review, and sufficient information to demonstrate that the general and specific requirements of this title will be met by the construction and operation of the proposed building, structure or use. The granting of a conditional use permit shall not exempt the applicant from the applicable requirements outlined in this or other ordinances of the city, or any more restrictive provisions of covenants, agreements or other ordinances or laws.
3.  Fee: The appropriate fee established by resolution of the legislative body shall accompany the application for any conditional use permit. An application form is available at the office of the city recorder.

HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 09-21-2021-A, 9-21-2021

1. Approval: A conditional use shall be approved if reasonable conditions are proposed, or can be imposed, to mitigate the reasonably anticipated detrimental effects of the proposed use in accordance with applicable standards.
2. Denial: 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 may be denied.

HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 09-21-2021-A, 9-21-2021

Following the issuance of conditional use permit by the legislative body and site plan review, if required, the administrator may approve an application for a building permit and shall ensure that development is undertaken and completed in compliance with said permit. 

HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 09-21-2021-A, 9-21-2021

Unless the uses and conditions prescribed in a conditional use permit are implemented within a maximum period of one year of its issuance, the conditional use permit shall expire. The legislative body may grant a onetime maximum extension of up to six (6) months under exceptional circumstances.

HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 09-21-2021-A, 9-21-2021

Applicants for conditional use permits shall meet all specific requirements made in this title. In addition, conditions may be established as outlined herein to meet the concerns of safety for persons and property, health and sanitation, environment and neighborhood needs, performance and administration. More specifically, the conditions such as the following may be required:

1. Conditions Relating To Safety For Persons And Property:
2. Building elevations and grading plans which will prevent or minimize floodwater damage, where property may be subject to flooding; for example, down sloping driveways.
3. The relocation, covering or fencing of irrigation ditches, drainage channels and other potentially attractive nuisances existing on or adjacent to the property.
4. Increased setback distances from lot lines where it is determined to be necessary to ensure the public safety.
5. Appropriate design, construction and location of structures, buildings and facilities in relation to any earthquake fault or other seismic hazard, which may exist on or near the property, and limitations and/or restrictions to use and/or location of use due to site conditions, including, but not limited to, floodplains or landslide areas that may exist.
6. Additional restrictions on the arrangements and dimensions of truck loading and unloading facilities.
7. Construction of curbs, gutters, drainage culverts, sidewalks, streets, fire hydrants and street lighting.
8. Conditions Relating To Health And Sanitation:
9. A guarantee of sufficient water to serve the intended land use and a water delivery system to be installed which meets standards adopted by the city.
10. A wastewater disposal system approved by the Central Utah health department.
11. Conditions Relating To Environmental Concerns:
12. Processes for the control, elimination or prevention of land, water or air pollution; the prevention of soil erosion; and the control of objectionable odors and noise.
13. The planting of ground cover or other surfacing to prevent dust and erosion.
14. Restructuring and revegetation of the land when the use involves cutting and/or filling the land and where such land would be adversely affected if not restructured.
15. Conditions Relating To Signs For Educational Facilities:
16. Appropriate design, construction, height, sign placement, luminosity, sound, hours of operation and sign orientation.
17. Other reasonable conditions to minimize other negative impacts on surrounding residential properties.

HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 2-15-11, 2-23-2011; Ord. 09-21-2021-A, 9-21-2021