A conditional use is a land use that, because of its unique characteristics or potential impact on the municipality, surrounding neighbors, or adjacent land uses, may not be compatible in some areas or may be compatible only if certain conditions are required that mitigate or eliminate reasonably anticipated detrimental impacts. The land use is permitted in the respective zone but may have impacts deemed to be detrimental. Such detrimental impacts are those which go above and beyond those typically found within the zone. Accordingly, the land use authority may impose conditions to mitigate these impacts.

Except for a use that is legal non-conforming, it shall be unlawful to conduct a use designated as a conditional use within the respective zone without first obtaining a conditional use permit from the City.

An applicant shall submit a completed application form and a site plan with sufficient information to all the Planning Commission to make a well-informed decision. The application shall include a written explanation of the specific activities associated with the proposed use and any steps taken to mitigate impacts on adjacent properties and the neighborhood at large. The application should include elevations or building plans for any new or modified structures and plans for any site improvements. The applicant shall also pay a fee in the amount established by resolution.

The Planning Commission shall act as the land use authority and review the proposed conditional use permit according to the criteria and standards set forth in this Chapter. If public comment is provided, comments considered shall be limited to those relating to understanding the nature of anticipated impacts, existing impacts from uses permitted in the zone, and the effectiveness of measures taken to mitigate detrimental impacts.

An applicant for a conditional use in the zone may want to demonstrate measures taken to address any reasonably anticipated detrimental impact. Attention shall be given to any impact that reasonably relates to health, safety, and welfare, especially health and sanitation, safety to people and/or property, and compliance with the general plan and conditions found in the base zone.

Factors that an applicant and land use authority should, at a minimum, consider relate to:

1. Fencing, screening, and any visual blight or glare
2. Landscape buffers and setbacks, especially between dissimilar uses and zones
3. Lighting and light shielding
4. Restrictions on hours of operation
5. Measures to reduce noise, pollution, debris, vibration, and smell or odor
6. Impacts on and improvements to roads and streetscape, trails, curb, gutter, sidewalk, and vehicular circulation. This may include turn lanes, pedestrian access, bike infrastructure, or any improvement necessary to maintain the desired level of service
7. Crowd management and circulation
8. Emergency vehicle access
9. Utility impacts and capacity to include sewer, culinary water, pressurized irrigation water, and storm drain
10. Compatibility with surrounding structures in terms of use, scale, mass and circulation
11. Impacts on adjacent properties and the neighborhood at large
12. Other impacts on city systems

In addition to general consideration outlined above, the land use authority shall consider specific use criteria.

Concrete Batch Plants.

1. Due to the potential for noise, dust, and pollutants, the land use authority shall consider the nature of surrounding properties and shall require landscape buffers, fencing, and setbacks as appropriate. Landscape buffers may include a minimum number and size of trees, to better reduce the impacts on neighboring properties and shield the view of the batch plant from the public.
2. The city engineer shall review and make a recommendation regarding the vehicular routes commonly traveled by commercial trucks accessing the batch plant and determine whether the streets are adequately designed to accommodate the travel.
3. The city engineer shall review access to and from the site to determine the impact on city streets and recommend actions to reduce damage to city streets from vehicles exiting the batch plant.
4. The Public Works department shall review the site and make a recommendation as to whether municipal systems are sufficient to accommodate the batch plant.
5. If the street design, access, and/or utility systems is/are inadequate, the application may be denied. An applicant may take curative measures by providing off-site or system improvements to better facilitate the use.
6. No portion of a batch plant shall be within 100 feet of an existing single family home. If any part of the batch plant is within 500 feet of a residential property, or a property zoned residential, a landscape buffer of at least 10 feet wide shall be required. The applicant is responsible to provide a landscape plan that shows how the proposed vegetation will effectively shield the business and the impacts from the residential properties.

Automobile Repair And Auto Body Work And Restoration.

1. Any outdoor storage, if permitted, shall be screened.
2. The front setback, and all areas in front of the primary structure, shall be kept free of repair, restoration, and other body work.
3. All vehicle parking shall be on site, this includes vehicles under repair, staging, employee, and patron parking.
4. Areas used for painting shall meet all state and federal regulations. The land use authority may require additional measures to protect nearby properties from fumes.

Meat, Poultry, And Small Game (Food Manufacturing) And Slaughterhouses. Slaughterhouses, or meat processing plants and related activities are typically not harmonious with other land uses. Due to the potential for adverse impacts on surrounding properties, slaughterhouses will only be allowed in strict compliance with the following provisions:

1. The keeping of animals or any facility used in the slaughtering of animals shall be no less than three hundred (300) feet from any adjacent parcel zoned for residential or commercial uses and no less than three hundred (300) feet from any existing or proposed residential dwelling or commercial business.
2. All slaughterhouses shall satisfy the requirements of the Payson City drinking water source protection plan.
3. Delivery of animals to be slaughtered shall not have a negative impact on existing or proposed residential or commercial uses.
4. Retail sales are not permitted on site.

The process of determining the reasonably anticipated impacts of a conditional use and the mitigating conditions to impose, is an administrative process. Accordingly, the process of determining which conditions to apply, if any, is a fact-based decision-making process. Any conditions imposed shall reasonably relate to articulable detrimental impacts and the ability to mitigate those impacts. Because the permit runs with the land, the land use authority shall consider the potential detriments from any business operating the specific proposed use on the property, not solely from the business of the party seeking approval. Careful thought shall be given to protecting the integrity of the zone. The conditional use shall be approved if reasonable conditions can be identified and imposed to mitigate the reasonably anticipated detrimental impacts. If no such reasonable conditions can be identified and applied, if the land use authority does not reasonably believe the conditions will sufficiently mitigate the impacts, or if the applicant refuses to accept such conditions, a conditional use permit application may be denied. An applicant may appeal the imposed conditions or denial of a permit by application to the City Council.

A conditional use permit shall run with the land. It is transferable between businesses operating the same use, but not transferable between different uses listed as conditional in the respective zone. If the use is abandoned for a period of more than twelve (12) months, the conditional use permit shall lapse and a new permit will be required for a future business. Similarly, if the applicant does not initiate operation of the use or construction of the project within twelve (12) months, the permit shall lapse and become null and void.

Fees shall be established by resolution and shall be assessed as a condition of the submission of any conditional use permit application.

A request to amend the terms of a conditional use permit shall be considered a new permit request and follow the procedures set forth in this Chapter.

A violation of any of the terms of this Chapter, Payson City Code, or any conditions imposed as part of the conditional use permit shall be unlawful and may result in revocation. Revocation under this paragraph requires a decision by the land use authority that at least one of the following has occurred:

1. The permit holder has failed to comply with one or more of the conditions of the conditional use permit,
2. The permit holder has failed to comply with any applicable federal, state, county, or municipal law,
3. The conditional use permit had been obtained by misrepresentation or fraud,
4. The operation or character of the site has been found to be a nuisance or a public nuisance by a Court of competent jurisdiction in any civil or criminal proceeding.

In making a determination above, the land use authority may take the following actions:

1. Suspend the conditional use permit until certain mitigating or corrective measures have been implemented or taken by the applicant,
2. Revoke the permit if it can be demonstrated that the permit holder cannot, refuses to, or has shown a lack of ability to, satisfy the applicable provisions,
3. Revoke the permit and require application for any new permit, based on complete and accurate information, or
4. Take no action and keep the provisions of the existing conditional use permit intact.

Suspension or revocation of a conditional use permit results in suspension or revocation of the associated business license.