The purpose of the issuance of a conditional use application is to allow the proper integration of uses that may be suitable only if such uses are designed, arranged, or conducted in a particular manner. This chapter identifies and provides the procedures for the review of conditional use applications (identified as “C” Uses) in the table of uses.

The Planning Commission is hereby authorized to review and render a decision for all conditional use applications, in accordance with the requirements of this chapter.

All requests to establish a conditional use, as identified in the table of uses, shall be made on an application form provided by the city. A property owner may present a conditional use application for review and decision or an agent of the property owner, or a lessee of the property, may present a conditional use application for review and decision, provided such application is accompanied by a property owner affidavit of authorization.

Applications for a conditional use are required to comply with all requirements of this chapter and this ordinance, and including the requirements for a building permit, as applicable, and all other applicable requirements. All conditional use applications shall be determined complete by the planner or designee, as provided by VZC 15.24.060. For conditional use applications determined to be incomplete, the planner shall comply with the requirements of VZC 15.24.070.

All conditional use applications shall be provided to the city in an electronic PDF format and include the following information:

1. A completed application form, as provided by the city.
2. Title Report
3. Proposed plans, including a site plan, elevation drawings and building renderings which display the following information:
   1. Property boundaries and the location of all existing and proposed buildings on the subject property and buildings located within three-hundred (300) feet of the subject property.
      
   2. Building setbacks, heights and lot coverage dimensions to demonstrate compliance with dimensional standards of the site’s zoning district.
      
   3. The location of all fences and walls, identifying proposed height, materials, and colors shall be shown.
      
   4. Landscape plan(s) shall be provided, prepared by a registered landscape architect, identifying all proposed landscape, screening and buffering features, plant materials and sizes. The applicant shall demonstrate compliance with VZC 15.40.
      
   5. Proposed vehicular and bicycle parking, loading and traffic circulation plan.
      
   6. The location of all existing and proposed roads and streets serving the property, and including any permits as required by Utah County or the Utah Department of Transportation.
      
   7. All public and private rights-of-way and easements located on, or adjacent to the property, proposed to be continued, created, relocated, or abandoned shall be shown.
      
   8. The location and dimension of all existing natural property features including existing vegetation, wetlands, streams, drainage ways, flood plains, water bodies, and wildlife habitat areas.
      
   9. Existing topography of the property, including the existing grade, and identifying the proposed finished grade of the site shown.
      
   10. The location and dimension of all trails, sidewalks and biking facilities.
   11. All existing and proposed utilities, including culinary water, secondary water, sanitary sewer, storm drainage, power, gas, and telephone lines and facilities, streets and roads with design plans for any new water, sewer and storm drainage lines and facilities, as applicable, streets and roads, meeting the design and construction requirements of the city
   12. , or other agencies, as applicable, and prepared by a licensed engineer, at a scale acceptable to the planner. Access to all utilities and points of utilities connections shall be shown.
   13. Building plans and drawings shall be provided, as required, to meet the adopted building code. The exterior elevations of every side of all proposed buildings and structures shall be provided, clearly showing proposed building materials and colors proposed for all exterior building facades.
   14. Lighting plan showing identifying proposed site and building lighting, type, design, location, intensity, height, and direction of all site and building lighting. All lighting shall utilize a full cut-off design and be directed downward and away from any adjacent residential uses.
   15. The location of all associated mechanical and ancillary equipment shall be provided, including any screening treatments proposed. The location and dimensions of all proposed solid waste collection areas and storage areas, including the proposed method of screening shall be identified.
   16. An erosion control plan with Information identifying proposed temporary and permanent erosion control measures.
   17. Information shall be provided identifying the phases of construction, a construction schedule, and a list of all permits necessary for the proposed use(s).
4. A narrative, accompanied by necessary tables and other information, describing the proposed conditional use application, to assist the planner, DRC, and commission in reviewing the conditional use application identifying the following:
   1. A calculation, identifying all pervious and impervious areas.
   2. A description of all proposed uses and buildings, including the total site area and building square footage, by building.
   3. Projected increase in traffic trips.
   4. Projected water and sewer demand.
   5. How the proposed use, and accompanying site and building plans comply with the general plan.
5. Proposed materials board displaying all building, sign and fencing materials and colors.
6. A traffic impact analysis will be required if requested by the Planning Commission, planner, DRC, or City Engineer. At a minimum, unless additional information is required, a traffic impact analysis shall be prepared by a licensed engineer and include the following information:
   1. Projected traffic from the proposed development project,
   2. The area within the general vicinity of the proposed project as outlined by the City Engineer,
   3. Potential traffic to be generated by other undeveloped sites within the established study boundaries, and
   4. Recommendations of land use and/or appropriated traffic engineering modifications to mitigate traffic impacts and maintain an acceptable level of service.

The commission shall review the conditional use application and determine if the application, from the materials presented by the applicant complies with the following:

1. The proposed use is an allowed conditional use within the zoning district.
   
2. The proposed conditional use and the accompanying site plan complies with all requirements of the zoning district, as applicable, including minimum area, front, rear and side-yard setbacks, building and structure height, and all other requirements applicable in the zoning district.
   
3. Complies with all site plan requirements.
   
4. Complies with all applicable dedication requirements of the city and provides the necessary infrastructure, as required.
   
5. The proposed conditional use meets, and will be conducted in compliance with the requirements of this ordinance, all other applicable land use ordinances, and all applicable federal, state, or local requirements.
   

The property on which the conditional use is proposed is of adequate size to permit the conduct of the proposed conditional use in a manner that will not be detrimental to adjoining and surrounding properties.

The Commission is authorized to impose such reasonable requirements and conditions with respect to location, construction, maintenance, operation, site planning, traffic control, hours of operation, and other items for the Conditional Use deemed necessary for the protection of adjacent properties and the public interest. These conditions may include;

1. Size, configuration, and location of the site, and proposed site plan layout.
   
2. Proposed site ingress and egress to existing and proposed roads and streets.
   
3. The provision of public facilities and amenities, including roads and streets, culinary water, sanitary sewer, storm drainage, public safety and fire protection, and other utilities.
   
4. The location and amount of off-street parking and loading areas.
   
5. Site circulation pattern for vehicular and pedestrian traffic.
   
6. Building size and location, building design and exterior building features, building materials, and building colors.
   
7. The location and design of all site features, including proposed signage, lighting, and refuse collection.
   
8. The provision of useable open space, public features, and recreational amenities.
   
9. Fencing, screening and landscape treatments and other features designed to increase the attractiveness of the site and protect adjoining property owners from noise and visual impacts.
   
10. Measures directed at minimizing or eliminating potential nuisance factors including, but not limited to noise, vibrations, smoke, dust, dirt, odors, gases, noxious matter, heat, glare, electromagnetic disturbances, and radiation.
    
11. Measures designed to protect the natural features of the site, including wetlands and drainage ways, around water protection, wildlife habitat, historic and archeological site protection, and other natural site features.
    
12. The regulation of operating hours for activities affecting normal schedules and functions.
    
13. Identifying a time for regular review and monitoring, as determined necessary, to ensure the Conditional Use continues to operate in compliance with all conditions and requirements of approval.
    
14. Such other conditions determined reasonable and necessary by the Commission to allow the operation of the proposed conditional use, at the proposed location in compliance with the requirements of this Ordinance.

1. If the Commission finds that the Conditional Use Application complies with all the requirements of this Ordinance, the adopted Building Codes, and all other applicable Land Use Ordinances, the Conditional Use Application shall be approved, with or without reasonable conditions necessary to comply with this Ordinance, the adopted Building Codes, and all other applicable Land Use Ordinances. Following the approval of a Conditional Use Application, with or without conditions, a Building Permit Application may be reviewed and a Building Permit issued if such application is found to comply with the Building Code, as adopted.
2. If the Commission finds that the Conditional Use Application does not comply with all the requirements of this Ordinance, the adopted Building Codes, and all other applicable Land Use Ordinances, the Conditional Use Application shall be denied and no Approval, Permit, or License issued by the city, including a Building Permit.

Approval of a Conditional Use Application by the commission shall authorize the establishment of the approved use, subject to any use or site plan reasonable conditions. Approval of a Conditional Use Application shall not be deemed an Approval of any other Application, Permit, or License.

Any person aggrieved by a decision of the commission regarding a Conditional Use Application may appeal the decision, as provided by VZC 15.52.

1. A Conditional Use approved in accordance with the provisions of this Ordinance may be revoked by the Commission if any of the conditions of approval are not met, or if the permit is used to violate any law or Ordinance.
   
2. The Planner shall notify the approved Conditional Use holder by certified mail of any violation, or if a violation exists in any conditions of approval. If no attempt to correct the violation is made within ten (10) days after notification, the Conditional Use approval may be revoked by the commission, if the Commission finds that one or more of the following circumstances exists:
   
   1. The Conditional Use approval was obtained in a fraudulent manner.
      
   2. The use for which the approval was granted has now ceased for at least six (6) consecutive calendar months.
      
   3. One (1) or more of the conditions of approval have not been met.
      
   4. Additionally, the commission, following a public hearing, may modify the conditions under which the use approval was originally approved if the Commission finds that the use or related development constitutes or is creating a nuisance.

The procedure for amending any Conditional Use Application approval shall be the same procedure as required to approve the Conditional Use Application.

A Conditional Use Application approval shall expire and shall be invalid if a building, activity, construction, or occupancy, as authorized by the approval, is not commenced within one hundred eighty (180) days from the date of approval. If work has not commenced, or a use established within one-hundred eighty (180) days from date of approval, the approval shall be void and a new Conditional Use Application required.