Uses designated as conditional uses require special consideration from the planning commission. These uses may or may not be appropriate for a specific piece of property. The purpose of this chapter is to allow the planning commission to evaluate the appropriateness of designated conditional uses on a case by case basis. The conditional use permit procedure allows the planning commission to approve, deny, or conditionally approve any request for a conditional use permit. (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002)

No person or entity shall operate or conduct a use designated as a conditional use within the applicable zone without first obtaining a conditional use permit from the city. (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002)

The applicant for a conditional use permit shall submit a completed application form and a site plan with sufficient information to allow the planning commission to make a well informed decision. The applicant shall also pay a fee in an amount established by resolution of the city council with the application. (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002)

The applicant for a conditional use permit shall provide written notification to all adjacent property owners as outlined in SCC 10.68.110 paragraph D. (Ord. 11-03-2003, 11-19-2003, eff. 11-20-2003)

The planning commission shall be the final approving authority, subject to SCC 10.24.100, for all applications for conditional use permits. The planning commission shall review the proposed project plan while considering the criteria and factors set forth in this chapter. The application for a conditional use permit shall be approved, approved with conditions, or denied. Because every application is unique and different, planning commission review, and approval or denial, of every conditional use application shall take into consideration only those facts and information pertaining to the application specifically and may not take into consideration information or base decisions upon other similar projects or uses, or denial thereof, within the city. The validity of the permit shall be conditioned upon strict compliance with applicable city ordinances, the approved site plan, and any additional conditions of the planning commission. (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002)

1. The following general factors shall be weighed and considered when determining whether a conditional use permit application should be approved, approved with conditions, or denied:
   1. Harmony of the request with the general objectives of the general plan, development code, subdivision ordinance, any other city ordinances, and the particular zone in which the request is located.
   2. Harmony of the request with existing uses in the neighborhood.
   3. Development, or lack thereof, adjacent to the site.
   4. Whether or not the request may be injurious to present or potential development in the vicinity.
   5. Present and future requirements for transportation, traffic, water, sewer, and other utilities.
   6. Suitability of the specific property for the proposed use.
   7. Economic impact on the neighborhood.
   8. Aesthetic impact on the neighborhood.
   9. Safeguards to prevent noxious or offensive omissions such as noise, glare, dust, pollutants, and odor.
   10. Attempts by the applicant to minimize other adverse effects on people and property in the area.
   11. Impact of the proposed use on the health, safety, and welfare of the city, the area, and persons owning or leasing property in the area.
2. The following are standards applicable to the specified uses:
   1. Adult Daycare Facilities In Residential Zones:
      1. Number of individuals being cared for within the facility shall not exceed four (4) at one time.
      2. Proof of compliance with state regulations for such facilities shall be provided with each renewal of the facility's business license.
   2. Assisted Living Facilities In Agriculture And Residential Zones: The following regulations pertain to large assisted living facilities and small type I assisted living facilities. Small type I or type II facilities are permitted in those zones where listed.
      1. Only if the additional standards below are met and the general review criteria for conditional uses are complied with, may a facility be approved with more than sixteen (16) beds. Additional beds may only be permitted to the extent of compliance with the city's development standards, building codes, fire codes, and public utilities can handle the additional demands placed upon them by a proposed facility.
      2. Location criteria:
         1. Proposed facilities must be situated along or have direct access to a collector or arterial street, or
         2. The proposed facility site must abut a nonresidential or mixed use zone so that it may act as a buffer between single-family neighborhoods and the impacts associated with greater intensity of uses.
      3. Facilities proposed under this section must be located at least three-fourths (3/4) of a mile away from any similar facilities.
      4. Proof of compliance with state regulations for such facilities shall be provided with each renewal of the facility's business license.
   3. Major Home Occupation: Specific standards shall be as provided in the home occupation regulations of this title.
   4. Outdoor Youth Programs:
      1. Stationary camps shall have at least twenty (20) acres.
      2. Facilities must annually demonstrate compliance with state licensing laws, rules, and regulations.
      3. A security plan must be provided and approved by the city's public safety department.
      4. A list of all clients and employees must be provided to the city public safety department within seven (7) days of their arriving at the site.
   5. Sheltered Workshops:
      1. The maximum number of patrons or clients allowed at one time at a sheltered workshop within a residential zone is four (4).
      2. A traffic and circulation plan must be reviewed and approved by the planning commission as part of any conditional use review.
      3. Parking must be available on site for any patrons or clients of the workshop.
      4. Any building or accessory building in which the workshop is operating must be inspected by the chief building official for compliance with the applicable building, life, accessibility and safety codes. (Ord. 07-01-2011, 7-27-2011, eff. 7-28-2011)
   6. Agritourism:
      1. To help agricultural operations function and remain viable, farm-based businesses may supplement farm income on the site of the farm through Agritourism (i.e. farmers market, U-pick sales, etc.) as prescribed in this sub-section 10.24-060.B.6.
      2. Agritourism activity does not exempt the property from compliance with all applicable regulations in the Santaquin City Code and elsewhere. 
      3. The agricultural site must be on a parcel that is at least 5 acres and the agritourism activities that remove agricultural production from the site cannot consume more than three percent (3%) of the total agricultural site. The measurement of acreage used for agritourism will be determined and calculated by the Planning Commission.
      4. Large warehouses, processors, transporters, etc. for the purpose of preparing the farm produce for wholesale are not considered Agritourism and do not qualify for an agritourism conditional use permit.
      5. Off-street parking must be available on-site for any patrons of the agritourism. Parking must be designated and improved but does not need to be an impervious surface. The property owner must provide adequate parking so that parking is not unreasonably detrimental to adjacent properties. 
      6. Any building, accessory building, or structure that accompanies agritourism which is meant to be accessible to the general public must be inspected by the chief building official for compliance with the applicable building, life, accessibility, and safety codes. 
      7. For the purposes of temporary hospitality accommodations that accompany agritourism business activities, the following conditions must be met and approved by the Planning Commission:
         1. The applicant shall submit a plot plan showing the location of temporary hospitality accommodation units ("hospitality units"), parking, required setbacks, and property lines at a scale of not less than one inch to twenty feet (1": 20') to the Planning Commission, health department, and fire department.
         2. Any agritourism hospitality unit site plans must be reviewed by the city's Development Review Committee to assure compliance with all building, zoning, fire, health, and other applicable ordinances prior to review by the Planning Commission. 
         3. The number of hospitality units as part of agritourism shall not exceed eight (8) rooms or units. 
         4. Hospitality accommodation services shall be temporary and shall not allow stays for a duration longer than seven (7) days.
         5. Employees shall not be allowed to reside at any of the hospitality units that support agritourism activities. A notarized letter attesting that the employees will not occupy said hospitality units shall be submitted to the Planning Commission and kept on record with the city. 
         6. Signs shall be limited to one nonlighted sign not larger in area than sixteen (16) square feet.
         7. Each hospitality unit that supports agritourism activities must collect and pay all applicable transient room taxes, sales, tax, property tax, and all other applicable taxes and obtain a Santaquin City business license.
         8. All applicable licenses and inspections are to be done by the appropriate governing agencies and officials, including, but not limited to, any remodeling or construction required a Santaquin city building permit, prior to approval of the business license. 
         9. A Santaquin City business license has been obtained prior to opening.
            

Unless otherwise specified by the planning commission, and subject to the provisions of this chapter relating to the amendment or revocation of a conditional use permit, a conditional use permit shall run with the land and be valid until such use expressed in the conditional use permit changes. The planning commission may grant a conditional use permit for a limited period of time if it finds that a limited permit is reasonable to protect the health, safety, or welfare of the community. (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002)

Fees shall be established by the city council by resolution, and shall be assessed as a condition of the submission of any conditional use permit application. Conditional use permit and application fees are nonrefundable. (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002)

An applicant or user of a conditional use permit shall be held to all of the requirements relating to site plan approval, improvement, bonding, maintenance, and completion. The conditional use permit shall not be valid until a bond guaranteeing all required and proposed improvements has been posted. Nothing in this chapter shall be interpreted to waive the bonding, licensing, or permit requirements set forth in other city ordinances. (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002)

Any person aggrieved or affected by any decision of the planning commission may petition the city council for review of the planning commission decision. Any person aggrieved or affected by said decision of the city council may appeal the decision to the appeal authority, subject to the provisions of the Utah Code § 10-9-704. (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002; amd. Ord. 02-02-2008, 2-6-2008, eff. 2-7-2008)

A conditional use permit shall expire and become null and void if the permit has not been implemented by the recipient within one year of the date of approval. The permit shall be considered implemented if the recipient either engages or participates in the conditional use or completes substantial construction on the project for which the permit was granted. (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002)

Any interested party may apply to the city for the amendment or revocation of a conditional use permit. Any person or entity, other than the city, seeking to amend or revoke a conditional use permit, shall pay a fee in an amount established by resolution of the city council. For purposes of this section, "interested party" shall include the following persons or entities:

1. The owner or lessee of the property for which the conditional use was granted.
2. The city. (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002)
3. Any owner or lessee of property that lies within five hundred feet (500') of the property for which the conditional use permit was granted. (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002; amd. Ord. 11-03-2003, 11-19-2003, eff. 11-20-2003)
4. Any person that can show that the conditional use has a direct impact upon his or her health, safety, or welfare. (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002)
   

The procedure for amending or revoking a conditional use permit shall be the same as the original application procedure set forth in this chapter. A conditional use permit may be amended at the request of the holder of the permit upon showing of good cause. A conditional use permit may be amended or revoked at the request of any other interested party if the planning commission finds one or more of the following:

1. The conditional use permit was obtained by misrepresentation or fraud.
2. The use for which the permit was granted has ceased or has been suspended for six (6) months.
3. The holder or user of the permit has failed to comply with any of the conditions placed on the issuance of the permit.
4. The holder or user of the permit has failed to comply with any city regulation governing the conduct of the use.
5. The holder or user of the permit has failed to construct or maintain the approved site as shown on the approved site plan.
6. The operation of the use or the character of the site has been found to be a nuisance of any kind by a court of competent jurisdiction in any civil or criminal proceeding. (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002)
   

No conditional use permit shall be amended or revoked against the wishes of the applicant for the permit without first giving the applicant an opportunity to appear before the planning commission and show cause as to why the permit should not be amended or revoked. Amendment or revocation of the permit shall not limit the city's ability to initiate or complete other legal proceedings against the holder or user of the permit. (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002)

A violation of any terms of this chapter or any conditions imposed as part of a conditional use permit shall be unlawful, and may be remedied or punished as allowed by law. (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002)