The purpose of this chapter is to establish standards for certain uses designated as "conditional uses" in the various land use zones. The Planning Commission or City Council may approve, approve with conditions, or deny conditional uses based on compliance with the standards and criteria of this chapter.

A conditional use shall not be established or commenced without a conditional use permit approved by the Planning Commission or City Council in conformance with the requirements of this chapter and other pertinent laws and ordinances. Unless amended, revoked, or otherwise specified by the Planning Commission or City Council, a conditional use permit shall be of indefinite duration and shall run with the land, except for when the conditional use is a home occupation, temporary or seasonal, or has been approved for a leased or rented property.

Application for a conditional use permit shall be submitted to the Planning Department and shall include:

1. A completed application form provided by the City, which includes an affidavit that must be signed by the property owner or the property owner's authorized agent;
2. A fee as specified in the current consolidated fee schedule;
3. A description of the proposed use;
4. Mailing labels and postage for owners of the subject property and property owners within three hundred feet (300') of the subject property; and
5. A site plan pursuant to title 16, chapter 16.24, "Site Plan Review", of this Code, unless the proposed conditional use is temporary and/or does not require building or permanent site improvements or alterations.

1. All documents required to be submitted with a conditional use application shall be delivered to the Planning Department for review. The Planning Department shall review each application for completeness and conformance to this chapter, the general plan, and this Code.
2. The Planning Department may provide the application to other City departments for review and comment as may be required by this Code, as necessary for complete review of the application, or as necessary to identify and understand the potential detrimental effects of the proposed conditional use.
3. In addition to the application for a conditional use permit, the Planning Department may require other information or studies to address potential detrimental effects of the proposed conditional use that have been reasonably anticipated by the City during its review of the application.

After a complete and accurate conditional use permit application has been submitted to and reviewed by the Planning Department, the Planning Commission shall hold a public hearing. Notice of the public hearing shall be given as required by the Utah Open and Public Meetings Act and section 17.04.060, "Public Notices", of this title.

1. The Planning Commission shall approve a conditional use permit application if reasonable conditions are proposed, or can be imposed, to mitigate the reasonably anticipated detrimental effects of the proposed conditional use in accordance with applicable standards.
2. The Planning Commission may deny a conditional use permit application 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.

1. The City or any person aggrieved by a final decision, determination, or requirement of the Planning Commission regarding the approval, approval with conditions, or denial of a conditional use permit application may appeal the Planning Commission's final action to the City's Appeal and Variance Hearing Officer pursuant to section 17.16.020.020, "Appeals", of this title.

1. The holder of a conditional use permit shall substantially comply with all conditions of the permit and an approved site plan, if one is required pursuant to section 17.84.030 of this chapter, within one year of final permit approval by the Planning Commission or City Council. If an approved site plan is required, substantial compliance shall include obtaining a current building permit, paying all application and impact fees, and by completing the foundation of at least one principal building. If an approved site plan is not required, substantial compliance shall include obtaining a business license.
2. If a conditional use permit is to expire pursuant to subsection A of this section, a request for an extension may be filed with the Planning Department not less than thirty (30) days prior to the expiration date. The Planning Commission may, after evaluating the permittee's progress in the previous year and considering the recommendation of the Planning Department, grant an extension for the conditional use permit of up to one additional year.
   1. Failure to request the extension in a timely manner shall cause a conditional use permit to automatically expire without further notice.
   2. The original conditional use permit shall remain valid until the request for extension is acted upon by the Planning Commission.
   3. Once a conditional use permit has expired, the permittee must obtain approval of a new permit prior to any reinstatement of the use.
   4. Only one extension may be granted.
3. If an approved conditional use ceases for any reason for a continuous period of one year or more, the conditional use permit shall automatically expire without further notice. Once a permit has expired, the permittee must obtain approval of a new permit prior to any reinstatement of the conditional use.

1. A conditional use may be commenced and operated only upon:
   1. Compliance with all conditions of an applicable conditional use permit;
   2. Observance of all requirements of this title relating to maintenance of improvements and conduct of the use or business as approved; and
   3. Compliance with all applicable local, State, and Federal laws.
2. A conditional use permit may be revoked by the City Council at any time due to the permittee's failure to commence or operate the conditional use in accordance with the requirements of subsection A of this section.
3. No conditional use permit shall be revoked until after a public hearing is held before the City Council. The permittee shall be notified in writing of such hearing. The notification shall state the grounds for complaint, or reasons for revocation, and the time and location of the hearing. At the hearing, the permittee shall be given an opportunity to be heard and may call witnesses and present evidence on his or her behalf. Upon conclusion of the hearing, the City Council shall determine whether or not the permit should be revoked.