Zoneomics Logo
search icon

Parowan City Zoning Code

15.18 Conditional

Uses

15.18.010 Purpose Of Conditional Use Provisions

Certain uses which may be harmonious under special conditions and in specific locations within a district, but be improper under general conditions and in other locations, are classed as conditional uses within the various districts and require conditional use permits for approval.

HISTORY
Adopted by Ord. 2016-06-01 on 6/23/2016

15.18.020 Permit Required

A conditional use permit shall be required for all uses listed as conditional uses in the respective zoning districts or elsewhere in this Ordinance and shall be recorded against the property. A conditional use permit may be revoked upon failure to comply with conditions precedent to the original approval of the certificate period. No building permit or other permit or license shall be issued for a use requiring conditional use without first being reviewed and approved by the Parowan City Planning Commission.

HISTORY
Adopted by Ord. 2016-06-01 on 6/23/2016

15.18.030 Application

A conditional use permit application shall be made to the Parowan City Planning Commission as provided in this Ordinance. Applications for a conditional use permit shall be accompanied by maps, drawings, statements, or other documents as required by the Parowan City Planning Commission.

HISTORY
Adopted by Ord. 2016-06-01 on 6/23/2016

15.18.040 Fee

The application for any conditional use permit shall be accompanied by the appropriate fee as determined by Resolution of the Parowan City Council.

HISTORY
Adopted by Ord. 2016-06-01 on 6/23/2016

15.18.050 Development Plan

Upon request of the Zoning Administrator, the applicant for a conditional use permit shall prepare a site plan with elevations (as may be necessary) for the site being proposed for development, and provide any details, information or specifications requested to properly demonstrate the purposes and impacts of the proposed conditional use. The plan shall be drawn to scale and show all existing and proposed buildings, roads, parking and other information that the Planning Commission may deem necessary to approve or deny a conditional use.

HISTORY
Adopted by Ord. 2016-06-01 on 6/23/2016

15.18.055 Notification Of Neighboring Property Owners

The Planning Commission shall conduct a Public Hearing prior to considering a Conditional Use Permit. Noticing requirements for the hearing shall be in accordance with Utah state law for noticing land use changes and, as a minimum, said notices shall be mailed or hand delivered to all property owners of record adjacent to or within 300 feet of the boundaries of the property being considered for a conditional use permit. The written notification shall describe the location and nature of the proposed conditional use permit. It must inform neighboring property owners of the opportunity to comment upon the application in a meeting of the Planning Commission. The time, date, and place of the meeting at which the application will be considered shall be noted. Notification may be accomplished in person or by mail with the use of self-addressed, stamped envelopes. Notification shall be accomplished at the applicant's expense.

HISTORY
Adopted by Ord. 2024-19 on 10/10/2024

15.18.060 Planning Commission Action

After a hearing, the Planning Commission shall approve, or modify and approve, the conditional use application if reasonable conditions are proposed, or can be imposed, to mitigate the reasonably anticipated detrimental effects of the proposed use on the public health, safety and welfare. In approving a conditional use permit the Planning Commission shall find:

  1. That the proposed use is necessary or desirable and will contribute to the general well-being of the community.
  2. That the use will not be detrimental to the health, safety and welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity, but if so, that conditions may be imposed which would substantially mitigate the same;
  3. That the proposed use will comply with the regulations of the Title; and 
  4. That the proposed use is in harmony with the intent and purposes of the Master Plan or the the plan shall have first been amended through the public hearing. 

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
Adopted by Ord. 2016-06-01 on 6/23/2016

15.18.070 Board Of Adjustment Action

Upon denial of a conditional use permit for uses by the Parowan City Planning Commission, the applicant may appeal in writing within thirty (30) days to the Parowan City Board of Adjustment. The Parowan City Board of Adjustment may approve, modify and approve, or deny the conditional use application in a public meeting. In approving any conditional use, the Parowan City Board of Adjustment shall impose regulations and conditions as are necessary to protect the public health, safety, and welfare. The Parowan City Board of Adjustment shall follow the same conditions as stated in PCMC 15.18.060.

HISTORY
Adopted by Ord. 2016-06-01 on 6/23/2016

15.18.080 City Council And Board Of Adjustment Action On Planned Developments And Recreational Coach Parks

Where applications require a conditional use permit, the permit shall be submitted to the Parowan City Planning Commission at its regular meeting and after review shall be recommended for approval or disapproval.  The Parowan City Council shall approve or disapprove the conditional use permit for Planned Developments and Recreational Coach Parks. The permit for a Planned Development shall constitute a conditional use permit

HISTORY
Adopted by Ord. 2016-06-01 on 6/23/2016

15.18.090 Expansion Of A Conditional Use

No structure in which a conditional use is located may expand without the approval of the Parowan City Planning Commission. Before expanding, the applicant shall present to the Parowan City Planning Commission a Development Plan meeting the requirements of PCMC 15.18.050. No public hearing need be held. However, the Parowan City Planning Commission may deem a hearing necessary.

HISTORY
Adopted by Ord. 2016-06-01 on 6/23/2016

15.18.100 Inspection

Following the issuance of a conditional use permit by the Parowan City Planning Commission, the Parowan City Building Inspector shall approve an application for a building permit, and shall insure that development is undertaken and completed in compliance with said conditional use and building permit.

HISTORY
Adopted by Ord. 2016-06-01 on 6/23/2016

15.18.110 Time Limitations

All requirements imposed by the Planning and Zoning Commission for a conditional use permit shall be completed within a reasonable time, as required in the conditional use permit, but not to exceed on (l) year after its issuance, and failure to complete the requirements within the time allotted, shall cause the permit to expire, unless there shall have been substantial performance toward the completion of the conditions set forth in the permit and an application for extension is made prior to its expiration. The Planning Commission may grant a maximum extension of six (6) months under exceptional circumstances and substantial completion. In the event that a conditional use permit is granted on a temporary basis, the Planning and Zoning Commission may issue a permit for six (6) months, within one maximum extension of six (6) months. A conditional use permit shall run with the land.

HISTORY
Adopted by Ord. 2016-06-01 on 6/23/2016

15.18.120 Revocation

A conditional use permit may be revoked upon failure to comply with the conditions imposed with the original approval of the permit and applicant shall be so notified of revocation by the City of Parowan. The permit may be reinstated upon determination by the Parowan City Planning Commission that the cause for revocation has been corrected and that the applicant intends to proceed according to the plans approved by the Parowan City Planning Commission at the time the permit was originally issued, or as they might have been properly amended by the Parowan City Planning Commission from time to time during the period of the conditional use. Revocation or reinstatement of a conditional use permit for a Planned Development or Recreational Coach Park is the responsibility of the Parowan City Council.

HISTORY
Adopted by Ord. 2016-06-01 on 6/23/2016

2016-06-01

2024-19