The purpose and intent of this chapter is to establish standards for land uses listed in each zone as conditional uses with the exception of planned residential unit developments and group dwellings which uses have their own standards for consideration. Conditional uses are generally related to permitted uses, but due to their unique characteristics or potential impacts on surrounding uses or the goals of the city may be appropriate only in certain locations and under specific conditions that mitigate potential impacts and may not be compatible in some areas as impacts cannot be mitigated. Conditional uses are intended to allow greater flexibility by providing a wider variety of uses in a zone, while at the same time allowing conditions to be applied, if conditions of mitigation or elimination of detrimental impacts would make the use compatible with surrounding or planned development.

(Ord. 2006-3, 1-17-2006)

   A.   A conditional use permit shall be required for all uses listed as a conditional use in the respective zone. A conditional use permit shall be issued only upon approval of the planning commission. The conditional use permit shall list all requirements determined appropriate to mitigate the impacts created by the use in order to make it acceptable at the specific location.

   B.   A conditional use permit shall make the approved use allowable at the specific location and the right of the approved use with its conditions shall run with the property, unless the permit has expired as provided under section 15-7-8 of this chapter or has been revoked as provided under section 15-7-10 of this chapter. In the event a change is proposed from the conditions of the original approval, an amendment to the original conditional use permit shall be required. If the use is discontinued for a continuous period of one year, a new conditional use permit is required.

(Ord. 2006-3, 1-17-2006)

   A.   Application: Application for a conditional use permit shall be made to the planning commission at the department. An application shall include a completed application form, payment of review fees, detailed location, site and building plans, and any information needed to adequately describe the proposal. For those applications where no changes are proposed to an existing structure, the application form and fee, together with a site plan showing existing conditions or proposed site changes, is required.

   B.   Meeting: The application shall be scheduled for the next eligible planning commission meeting, according to the rules and procedures of the commission.

   C.   Notice; Continuation: Notice shall be mailed, at least seven (7) days in advance of the first hearing of a conditional use permit by the planning commission, to the record owner of each parcel located within three hundred feet (300') of the subject property regardless of whether such property is located within the jurisdictional boundaries of the city. If the planning commission determines it is in the public interest, consideration of the application may be continued for final decision.

(Ord. 2006-3, 1-17-2006)

Conditional use applications shall be reviewed and approved or denied in accordance with compliance of the following criteria:

   A.   Detrimental To Persons Or Property: The proposed 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, nor injurious to property and improvements in the community, existing surrounding uses, buildings and structures. It shall be demonstrated that the use and property development:

      1.   Does not lead to deterioration of the environment by emitting pollutants into the ground or air to cause detrimental effects to the property or neighboring properties;

      2.   Does not introduce hazards or potentials for damage to neighboring properties that cannot be mitigated;

      3.   Does not encroach upon rivers or streams or direct runoff into those features; and

      4.   Is in keeping with the type of existing uses surrounding the property and development as proposed will improve the character of the area by encouraging reinvestment and upgrading of surrounding properties.

   B.   General Plan Consistency: The proposed use at the particular location is consistent with the objectives and strategies established in the general plan, particularly the community or corridor plans.

   C.   Use Compatibility: The proposed use at the particular location is compatible with the character of the site, adjacent properties, surrounding neighborhoods and other existing development. In determining the compatibility of the use with the surrounding area, the planning commission may consider the following:

      1.   The type of use and its location does not create unusual pedestrian or vehicle traffic patterns or volumes that would not be expected with the development of a permitted use. In determining unusual patterns the planning commission shall consider:

         a.   The orientation of driveways and if they direct traffic to the major streets or the local streets and if directed to the local streets the impact it creates to the safety, purpose and character of the local street;

         b.   Parking locations and size and if they encourage street side parking and walking to the proposed use which impacts the adjacent land uses; and

         c.   Hours of peak land use, when traffic to the use would be greatest and that such times and peaks would not impact the ability of the surrounding uses to enjoy the use of their property.

      2.   The hours of operation of the proposed use when compared with the hours of activity of the surrounding uses and the potential of such hours of operation do not create noise, light or other nuisances not acceptable to the enjoyment of the existing surrounding uses or common to the surrounding uses.

   D.   Design Compatibility: The proposed site and building design and placement at the particular location is compatible with:

      1.   The character of the site in relationship with the surrounding uses which includes buildings and site uses integrating with the topography of the site, retaining trees of value, using natural features as site amenities, developing landscaping along the public areas of the property to create an improved streetscape, reducing expanses of large areas of asphalt or concrete, and screening objectionable views that may exist on the site from all surrounding property owners;

      2.   The character of the area by the site design location of parking lots, accessways, delivery areas and on site vehicle circulation patterns taking into consideration the adjacent uses and not adversely impacting the adjacent use by exposing them to loss of privacy, objectionable views of large parking or storage areas, or views and sounds of loading and unloading areas;

      3.   The character of the surrounding uses by the type of exterior lighting and signage that will not detract by being bright or create unwanted light onto adjacent properties;

      4.   The architectural character of the community and the surrounding neighborhood, considering the building materials, colors, roof shapes, height, mass, size and orientation of the proposed building and design. In determining compatibility with the architectural character of the community, the design shall be found to be generally consistent with those architectural and design principles established in sections 7F (housing and urban design guidelines) and 8G (land use urban design guidelines) of the Ogden City general plan.

   E.   Compliance With Regulations: The proposed use will comply with the regulations and conditions specified in the land use ordinances.

(Ord. 2006-3, 1-17-2006)

The planning commission shall approve a conditional use permit if reasonable conditions are imposed to mitigate the reasonably anticipated detrimental effects of the proposed use of the adjacent properties and the public welfare. If reasonably anticipated detrimental effects of a proposed conditional use cannot be substantially mitigated by the proposal or imposition of reasonable conditions to achieve compliance with the applicable standards, the commission may deny a conditional use permit necessary for the protection of adjacent properties and the public welfare.

(Ord. 2006-3, 1-17-2006)

   A.   Decision; When Effective: The decision of the planning commission shall not become final and effective until fifteen (15) days after a final decision has been made by the planning commission. However, it shall not become final if, prior to the expiration of that fifteen (15) days, any aggrieved person files notice of appeal with the board of zoning adjustment.

   B.   Time Limitation: Any person aggrieved by decision of the planning commission may appeal to the board of zoning adjustment by filing such appeal with the department within fifteen (15) days after the final decision of the planning commission.

   C.   Filing: Said appeal shall be filed in accordance with the board of zoning adjustment rules of procedures.

   D.   Review: The board of zoning adjustment shall hear and decide appeals where it is alleged there is an error in any requirement, decision or determination made by the planning commission. Information shall be provided by the petitioner to the board of zoning adjustment, which explains those errors in the requirement or decision which the appellant feels were made by the planning commission.

(Ord. 2006-3, 1-17-2006)

Upon receipt of a conditional use permit, the applicant shall take such permit to the building official who will review the permit and conditions attached. Based on this review and compliance with any other items which might develop in the pursuance of the building official's duties, the building official may approve an application for a building permit and shall ensure the development is undertaken and completed in compliance with said permit and conditions pertaining thereto.

(Ord. 2006-3, 1-17-2006)

   A.   Unless there is substantial action under a conditional use permit within a period of eighteen (18) months from the date of submitting a complete application requesting a conditional use permit, the conditional use permit shall expire. The planning manager may grant a maximum extension of six (6) months under exceptional circumstances and provided there have been no ordinance amendments that would require revision to the site plan or change of use that may prohibit the approved conditional use permit.

   B.   An approved conditional use permit shall expire if a permitted use or a different conditional use replaces the use allowed under the permit. The conditional use permit shall also expire if the use is discontinued for a continuous period of one year. Once the conditional use permit has expired, a new conditional use permit shall be required in order to occupy the site.

(Ord. 2006-3, 1-17-2006; amd. Ord. 2022-20, 5-3-2022)

   A.   Once issued, a conditional use permit shall not be enlarged, changed, extended, increased in intensity, or relocated except by an approved amendment.

   B.   The reviewer of a conditional use permit amendment shall apply the same criteria and any amendment approval is subject to the same limitations and standards as a new conditional use permit.

   C.   The director may review an application for a minor conditional use permit amendment by following the process for development plan reviews within this title. A minor amendment is limited to any of the following:

      1.   A change that would not create new or increased reasonably anticipated detrimental effects on surrounding properties or the environment and that is:

         a.   Completely interior to buildings;

         b.   To the exterior of existing structures;

         c.   To the operating characteristics of the use that does not change requirements of the original permit; or

         d.   To a different conditional use within the same use category.

      2.   An addition that would increase the floor area or outdoor area occupied by the conditional use by no more than ten percent of the originally approved floor area or outdoor area, up to a maximum of two thousand (2,000) square feet.

      3.   A modification to a parking, loading or maneuvering area that adds no more than two thousand (2,000) square feet of impervious surface.

      4.   A modification to a telecommunication facility that replaces, modifies, or adds equipment on an existing tower or structure or modifies ground equipment and that does not increase the height or outer dimensions of the facility.

   D.   The director shall refer any conditional use permit amendment that is not minor to the planning commission.

   E.   A decision by the director is subject to the same appeal provisions as a decision by the planning commission, provided that any appeal shall be heard and decided by the planning commission.

(Ord. 2006-3, 1-17-2006; amd. 2021-47, 10-5-2021)

A conditional use permit may be revoked if any of the conditions or terms are violated; however, the holder of the permit shall first be afforded an opportunity to be heard before the planning commission and show cause as to why the permit should not be revoked. A violation of a condition or term of a permit shall constitute a violation of this code, and the revocation of a permit shall not prohibit prosecution or any other legal action taken on account of the violation. The decision of the planning commission to revoke a conditional use permit may be appealed to the mayor, in writing, within fifteen (15) days of the commission's decision.

(Ord. 2006-3, 1-17-2006)