A.   Purpose: The purpose of this chapter is to establish standards for certain land uses listed in each zone as conditional uses.

   B.   Standards, Criteria: A Land Use Authority shall approve a conditional use permit if reasonable conditions are proposed, or can be imposed, to mitigate the reasonably anticipated detrimental effects of the proposed use in accordance with applicable standards and criteria.

   C.   Definitions: As used herein the terms below shall be defined as follows:

    CONDITIONAL USE: A land use that, because of its unique characteristics or potential impact on the Town, 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 the detrimental impacts.

   CONDITIONAL USE PERMIT: A permit issued by the Town outlining the requirements of approval for a conditional use and including written conditions, as well as final, approved development plans, if applicable. (Ord. 2019-01, 2-14-2019)

   A.   Information Required: Application for a conditional use permit shall be made upon forms provided by the Town. The application shall be signed by the property owner or his authorized agent. The completed application shall be filed with the Town Clerk and shall be accompanied by the following:

      1.   A sufficient number of copies, as determined by the Town Clerk, in order to provide the Town and other agencies with the information needed to evaluate the application.

      2.   A fee as specified by resolution or in the current consolidated fee schedule.

      3.   The applicant shall provide to the Town Clerk the names and addresses of all property owners, as contained in the current records of the Tooele County Recorder, within a three hundred foot (300') radius of the subject property measured from the boundary of the proposed conditional use as shown on the development plan.

   B.   Planning Commission Agenda: After all the information listed in this section is received by the Town Clerk, the matter shall be placed on a Planning Commission agenda. (Ord. 2019-01, 2-14-2019)

   A.   Departments, Agencies: All documents required to be submitted with the application shall be delivered by the applicant to those departments and entities designated by the Town Clerk, which may include, but not be limited to, the following:

      1.   Public Works Department;

      2.   Town Engineer;

      3.   Fire Department;

      4.   Utah Department of Transportation;

      5.   Dominion Energy Company;

      6.   Rocky Mountain Power;

      7.   Any local or special district in which the subject property is located;

      8.   Any other agency which will provide public or private facilities and services to the site; and

      9.   Any other department designated by the Town Clerk.

   B.   Return To Town Clerk: All information and comments from these various departments and entities should be returned to the Town Clerk.

   C.   Town Clerk Review: The Town Clerk shall review each application for conformance to the standards outlined in this chapter; for conformance with the General Plan and all applicable Town ordinances; for conformance with good planning practices; for environmental impacts which may be associated with the design; and shall present its recommendations to the Planning Commission.

   D.   Public Works Review: The Public Works Department shall review and make comments concerning flood control requirements; engineering requirements for street widths, grades and alignments; whether the proposed public improvements conform to good engineering practices; the requirements of all applicable ordinances; and shall be responsible for the approval and inspection of all public improvements. (Ord. 2019-01, 2-14-2019)

   A.   Required: The Planning Commission shall hold a public hearing on all conditional use applications. Notice of public hearing shall be given as required by the open and public meetings provisions of Utah Code Annotated title 52, chapter 4.

   B.   Additional Notice Requirements: In order to make residents of the Town more aware of conditional use hearings, particularly those residences or businesses which surround the land upon which the conditional use is proposed to be located, additional notice shall be given as follows:

      1.   The Town Clerk shall, prior to the hearing, mail notices of the public hearing to the owners of real property as shown on the last assessment rolls, within a three hundred foot (300') radius of the subject property.

      2.   The Town Clerk shall post a notice of the public hearing on the subject property.

      3.   The Town Clerk shall post a notice of hearing on the Town website.

   C.   Intent: The notice provisions of this section are not intended to subject the Town to a greater notice requirement than required by Federal or State law. Failure of any person to receive notice shall not invalidate any Planning Commission decision and shall not be a basis for appeal of any Planning Commission decision. (Ord. 2019-01, 2-14-2019)

Once granted, a conditional use shall not be enlarged, changed, extended, increased in intensity or relocated unless a new conditional use application is made and approved by the Planning Commission as provided below:

   A.   Requirements: The Planning Commission may consider, approve with modifications or disapprove amendments to a conditional use permit where the following requirements are met:

      1.   The proposed modification or amendment complies with the intent and purpose of this chapter.

      2.   The applicant has complied with all provisions of the conditional use permit previously issued.

      3.   Reasonable conditions may be attached, where and to the extent that the Planning Commission finds that the imposition of the conditions will directly mitigate or eliminate some aspect of the proposed amendment that violate the intent and requirements of this chapter. Impacts must be of the magnitude that without the mitigation or elimination thereof, the amendment to the conditional use could not be granted.

   B.   Appeal: All decisions of the Planning Commission regarding conditional use permits may be appealed to the Hearing Officer as provided in this title. (Ord. 2019-01, 2-14-2019)

A conditional use shall be approved if reasonable conditions are proposed, or can be imposed, to mitigate the reasonably anticipated detrimental effects of the proposed use in accordance with applicable standards and criteria. (Ord. 2019-01, 2-14-2019)

   A.   Prior to approving or denying a conditional use permit application, the Planning Commission shall make, in the business meeting at which the public hearing is conducted or the permit is approved or denied, a finding of the following facts:

      1.   The reasonably anticipated detrimental effects of the proposed use upon adjacent and nearby persons and properties;

      2.   The evidence identified regarding the identified reasonably anticipated detrimental effects of the proposed use;

      3.   The reasonable conditions imposed, as part of the conditional use permit approval, intended to mitigate the reasonably anticipated detrimental effects of the proposed use;

      4.   The reasons why the imposed conditions are anticipated or hoped to mitigate the reasonably anticipated detrimental effects of the proposed use; and,

      5.   The evidence, if any, identified regarding the ability of the imposed conditions to mitigate the reasonably anticipated detrimental effects of the proposed use. (Ord. 2019-01, 2-14-2019)

   A.   Guidelines:

      1.   Applicants for conditional use permits shall satisfy all the requirements of this Code. The Planning Commission may establish all reasonable conditions it deems necessary to protect the health, safety, and general welfare of the community. In addition, the Planning Commission may impose conditions regarding the following:

         a.   Conditions relating to safety for persons and property:

            (1)   Building elevations and grading plans which will prevent or minimize flood water damage, where property may be subject to flooding; for example, down-sloping driveways;

            (2)   The relocation, covering, or fencing of irrigation ditches, drainage channels, and other potential dangers existing on or adjacent to the property;

            (3)   Increased setback distances from lot lines;

            (4)   Design, construction, and location of structures, buildings, and facilities in relation to any earthquake fault or other seismic hazard, which may exist on or near the property, and limitations or restrictions to use or location of use due to site conditions, including but not limited to floodplains or landslide areas that may exist outside of the Sensitive Area Overlay areas;

            (5)   The arrangement and dimensions of truck loading and unloading facilities;

            (6)   The construction of curbs, gutters, drainage culverts, sidewalks, streets, fire hydrants, and street lighting;

            (7)   Limits on time of day for the conduct of specified activities, or the absolute length of time of the proposed use; for example, commercial and industrial uses within two hundred fifty feet (250') of a Residential Zoning District not operating between ten o'clock (10:00) P.M. and six o'clock (6:00) A.M.; and,

            (8)   Wind energy conversion systems.

         b.   Conditions relating to health and sanitation:

            (1)   The sufficiency of water to serve the proposed land use and a water delivery system to be installed according to standards adopted by the City;

            (2)   A wastewater disposal system approved by the Tooele County Health Department according to standards adopted by the City;

            (3)   Solid waste disposal receptacle enclosures constructed according to standards adopted by the City; and,

            (4)   Construction of water mains, sewer mains, and drainage facilities serving the proposed use, in sizes necessary to protect existing utility users in the district and to provide for orderly development of land in the City.

         c.   Conditions relating to environmental concerns:

            (1)   Areas of sensitivity or vulnerability due to soil capabilities, wildlife, and plant life;

            (2)   Processes for the control, elimination, or prevention of land, water, or air pollution, the prevention of soil erosion, and the control of objectionable odors and noise;

            (3)   The planting of ground cover or other surfacing to prevent dust and erosion;

            (4)   The restructuring and revegetation of the land when the use involves cutting or filling the land and where such land would be adversely affected if not restructured or revegetated.

         d.   Conditions relating to compliance with the purposes and regulations of general plans and zoning districts:

            (1)   Conditional uses being located only on lots fronting arterial or collector streets within the district;

            (2)   The removal of nonconforming, noncompliant, nuisance, or unsafe structures, debris, or plant materials;

            (3)   The screening of yards or other areas as protection from other land uses and activities;

            (4)   Landscaping in addition to that which may be required in other chapters of this Code, to ensure protection from neighboring land uses;

            (5)   The location, height, lighting, and materials used for the construction of structures to ensure protection of neighboring land uses specifically if the use abuts a Residential Zoning District;

            (6)   The location, height, and materials of walls, fences, hedges, and screen plantings to ensure protection of adjacent development, or to conceal storage areas, utility installations, or other accessory features or structures;

            (7)   The relocation of proposed or existing structures as necessary to provide for future streets on the official street map, sight distances for general safety, groundwater control, or similar concerns;

            (8)   The construction of recreational facilities necessary to satisfy the needs of the conditional use;

            (9)   Increased setback distances from lot lines;

            (10)   Decreasing the intensity of land uses to avoid nuisances or other detrimental effects; and,

            (11)   Improvements which serve the property in question and which may compensate in part or in whole for possible detrimental effects to the district from the proposed conditional use.

         e.   Conditions relating to performance and administration:

            (1)   Bonding or other valuable assurance in favor of the Town in an amount to be determined by the Town may be required for improvements or guarantees of construction relating to the conditional use permit. (Ord. 2019-01, 2-14-2019)

   A.   Specified: Within one hundred eighty (180) days from the date the Planning Commission hears and approves a conditional use permit application, the applicant shall substantially comply with all the conditions of the conditional use permit approval. Substantial compliance shall be demonstrated by obtaining a current building permit and commencing construction. For the purpose of this section, "commencement of construction" shall mean completion of the foundation for at least one principal building. If construction is not proposed as an element of the conditional use, a business license shall be obtained to satisfy this requirement. Prior to the issuance of any building permit or business license, the applicant shall sign a conditional use permit document. The conditional use permit document shall include a list of all conditions imposed by the Planning Commission and a signature of the applicant. A site plan may also be required. The date of issuance of a conditional use permit shall be from the date of the Planning Commission's final decision on the conditional use.

   B.   Request For Extension: If the conditional use permit is to expire pursuant to subsection A of this section, a request for an extension may be filed with the Town Clerk not less than thirty (30) days prior to the expiration date. The original conditional use approval shall remain valid until the request for extension is acted upon by the Planning Commission. Failure to request the extension in a timely manner shall cause a conditional use permit to expire without further notice. Approval of a new conditional use permit application is required prior to any reinstatement of the use.

   C.   Grant Of Extension: The Planning Commission may, after evaluating the applicant's progress in the previous one hundred eighty (180) days and after considering the Town Clerk's recommendation, grant an extension of up to one year on the conditional use permit. Only one extension may be granted.

   D.   Cease Of Use: If the approved use or activity should cease for any reason for a continuous period of one year or more, the conditional use permit shall automatically terminate without notice. Approval of a new conditional use permit application shall be required prior to any subsequent reinstatement of the use. (Ord. 2019-01, 2-14-2019)

   A.   Permitted: A conditional use permit may be revocable by the Planning Commission at any time due to failure of the owner or operator of the land subject to the use to observe all conditions specified in issuing the conditional use permit or failure to observe other requirements of this title in regards to the maintenance of improvements or conduct of the use or business as approved. Furthermore, the Town shall have a right of action to compel offending structures or uses removed at the cost of the violator or owner.

   B.   Hearing; Notice: No conditional use permit shall be revoked until a hearing is held by the Planning Commission. 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 at which the hearing is to be held. At the hearing, the permittee shall be given an opportunity to be heard and he may call witnesses and present evidence on his behalf. Upon conclusion of the hearing, the Planning Commission shall determine whether or not the permit should be revoked. (Ord. 2019-01, 2-14-2019)

Appeals by the Town or any person aggrieved by a final decision, determination, or requirement of the Planning Commission, regarding a conditional use approval or revocation, shall be made to the Hearing Officer. (Ord. 2019-01, 2-14-2019)

   A.   Violation: Subject to the extension and modification provisions of this title, failure to successfully fulfill all conditions approved in a conditional use permit within one hundred eighty (180) days after approval constitutes a violation of this title.

   B.   Time Established: At the time of the conditional permit approval, the Planning Commission may establish a time in which any or all conditions must be fulfilled. Unless modified by the Planning Commission, the conditions must be fulfilled by that time.

   C.   Final Permits: No final occupancy permits, business licenses or other approvals or permits may be granted unless all conditions are satisfactorily met, unless the Mayor or Planning Commission specifically approves.

   D.   Enforcement; Revocation; Appeal: The Town may enforce conditional use permits by requiring the applicant to appear before the Planning Commission, as described above, to show cause why a permit should not be revoked due to violation of the requirements of the permit or violation of Town ordinances. Appeal of a decision of the Planning Commission to revoke a conditional use permit shall be made to the Hearing Officer. The Town may also use any remedy available under the law in both civil litigation or criminal prosecution. (Ord. 2019-01, 2-14-2019)