Youth home is defined as any residence, dwelling or other structure utilized for the domicile, residence, or sleeping accommodation for no more than one child of the age of eighteen (18) years or less for more than one week where such child is not related within three degrees of consanguinity to the adult person occupying the same residence or premises. The maximum number of youth allowed in each youth home will be handled on a case-by-case basis.

(Ord. 1998-03171998 (part): ZO § 27-1)

Youth homes will be a conditional use and will be allowed only in the commercial zones and only upon granting of a conditional use permit after application to the planning commission and approval of the city council. The city council, prior to acting on the application, will receive a recommendation from the planning commission and entertain public comment at a duly-held public hearing.

(Ord. 1998-03171998 (part): ZO § 27-2)

The application must contain the following information, and no application shall be heard which does not contain this information:

1. Name and address of applicant;
2. Statement of ownership of the subject property executed by the owner or his or her agent under penalty of perjury;
3. Description of the property, including the legal description and address, and common means of identification;
4. Map of the boundaries of the parcel and each separate lot or parcel within three hundred (300) feet of the exterior boundaries thereof, together with a list of the names and addresses of the last known owners of public record of each parcel;
5. A statement indicating the precise manner of compliance with each of the applicable provisions of this chapter together with any other information pertinent to the findings prerequisite to the granting of a use permit, prescribed in this chapter;
6. A statement from the appropriate regulatory agency concerning availability of public utilities including culinary and irrigation water, power, sewage disposal and refuse disposal;
7. A statement from the Sevier County School District indicating the availability of educational instruction and the impact of the proposed facility at the proposed location, or in the alternative, that education will be handled privately and designating the number of employees to be involved in education and the mandatory credentials required of such employees;
8. A detailed written description of the anticipated ages and total number of occupants of the facility together with a diagram of the facility including all separate rooms and the intended use of each room;
9. A detailed description of the number of intended staff and job descriptions for such staff;
10. A statement demonstrating the capability of the applicant, through insurance, bonding or other means, to insure timely restitution to any member of the public suffering damage as a result of intentional, accidental or negligent conduct by members of the staff or residents of the facility.

(Ord. 1998-03171998 (part): ZO § 27-3)

The application must be accompanied by a receipt showing that the application fee of four hundred fifty dollars ($450.00) has been paid; provided that up to two-thirds of such fee may be returned upon demonstration that compliance with Utah state licensing has obviated the necessity of more thorough screening of the application.

(Ord. 1998-03171998 (part): ZO § 27-4)

The planning commission will review the application and, if deemed appropriate, request comment from potentially impacted public and private agencies and parties. The planning commission will, within sixty (60) days of receipt of the application, submit a recommendation to the city council.

(Ord. 1998-03171998 (part): ZO § 27-5)

The city council shall hold a public hearing within sixty (60) days of receipt of the recommendation of the planning commission.

Notice of the time, place and purpose of such public hearing shall be given as follows: At least fourteen (14) days prior to the date set for the hearing, and not more than forty-five (45) days prior to that date, the city recorder shall see that a notice is mailed to each property owner identified on the list accompanying the application as required by Section 17.104.030(D). The notice shall give the date, time and place of the hearing, the name of the applicant, the requested use, the identification of the property and such other information as may be prescribed by the city council in any individual case. The recorder shall also cause such notice to be mailed to all governmental entities providing services to the subject property and all municipalities with boundaries located within five miles of the proposed development and shall publish notice in a newspaper of general local circulation twice within the above-described notice period.

(Ord. 1998-03171998 (part): ZO § 27-6)

The city council shall grant the conditional use permit provided that it is established that the proposed use is in accordance with the provisions of the general plan, this chapter, and that the following qualifications have been met:

1. The location of the proposed use is compatible to other land uses in the general neighborhood area and does not place an undue burden on existing transportation, utilities and service facilities in the vicinity;
2. The site is of sufficient size to accommodate the proposed use together with all yards, open spaces, walls and fences, parking and loading facilities, landscaping and such other provisions required by this chapter;
3. The site will be served by streets of sufficient capacity to carry the traffic generated by the proposed use;
4. The proposed use, if it complies with all conditions on which approval is made contingent, will not adversely affect other property in the vicinity or the general welfare of the city.

(Ord. 1998-03171998 (part): ZO § 27-7)

In approving any application for a conditional use permit, the city council may require higher standards of site development than listed for such use in this chapter, and may make approval contingent on the acceptance and observance by the applicant of specified conditions relating to, but limited to, the following considerations:

1. Conformity to plans and drawings submitted with the application;
2. The provision of open spaces, buffer strips, screen walls, fences, hedges and landscaping;
3. The volume of traffic generated, vehicular movements within the site, and points of vehicular ingress and egress;
4. Performance characteristics related to the emission of noise, vibration and other potentially dangerous or objectionable elements;
5. Limits on time of day for the conduct of specified activities;
6. Guarantees as to compliance with the terms of the approval.

(Ord. 1998-03171998 (part): ZO § 27-8)

On violation of any of this or any other applicable ordinances by a holder of the conditional use permit, or on failure of the holder to comply with conditions of the permit granted on conditions, the use permit shall be suspended automatically. A hearing shall be called within fifteen (15) days, and at the hearing the city council must be satisfied that either the violation has been discontinued or the conditions met; otherwise the permit will be revoked, and the holder shall have a maximum of five days to cease operations.

(Ord. 1998-03171998 (part): ZO § 27-9)

Approved conditional use permits will be reviewed on a yearly basis at which time the user, in addition to delivering a business license fee, will supply a written confirmation that all conditions required by the initial approval of the use continue to be satisfied and honored and will itemize in writing the date, time and status of persons, e.g., staff or resident, who have engaged in any criminal misconduct or in the damaging or destruction of private property during the previous year and will confirm that restitution has been made to all victims of such occurrences. In the event that a court has not made a determination as to the amount of restitution owed, the council will entertain evidence in that regard and order immediate payment of restitution as the council determines reasonable.

(Ord. 1998-03171998 (part): ZO § 27-10)