A.

CONDITIONS TO RUN WITH THE LAND. A CUP with all conditions imposed by the Town run with the land and shall be binding on the applicant as well as their successors.

B.

EXPANSION OF A CONDITIONAL USE. No conditional use may be expanded without the approval of a new CUP.

C.

ALTERATION OR ABANDONMENT OF CONDITIONAL USE. If a use is altered from that which was originally approved or permitted in accordance with this Chapter, or abandoned for one (1) year, or has not been established within one (1) year after the date granted ("Establishment Deadline"), the CUP may be nullified and/or voided after a decision by the Town Council at a public meeting.

1.

Any affected party must be notified of the proceedings and of any results determined.

2.

The one (1) year Establishment Deadline may be modified by the Planning & Zoning Commission if it is determined that the proposed use or uses will commence within one (1) year at a suitable scale recognizing that market forces or other considerations such as property size, utility availability and access might dictate the point in time when the use will occur at full scale on the subject property. In said instances the Planning & Zoning Commission, in its discretion, shall set phased commencement and total completion deadlines.

(Amended by Ord. 2023-05 on 5/16/2023)

A.

REQUIRED. A Conditional Use Permit (CUP) IS required if:

1.

The proposed use or similar type of use is listed as Conditional Use and not a permitted or non-permitted use in the zone that the use is being requested in;

2.

The proposed Conditional Use would require:

a.

The new construction of a Building, Structure or improvements,

b.

The expansion of a Conditional Use upon real property or an existing Building, Structure or improvements, or

c.

A substantial change in the type of Conditional Use.

3.

If likely problems or detrimental impacts to the surrounding area can be identified in the Preliminary Review or the Final Review phases that require mitigating conditions according to this Chapter.

B.

NOT REQUIRED. A Conditional Use Permit IS NOT required if:

1.

The Business or Structure the Conditional Use is being held in has already obtained a CUP from the Town; and

2.

The proposed Conditional Use is similar or compatible with the current use identified in the CUP issued to the property without adding additional impact to the surrounding area (as determined by the Zoning Administrator).

(Amended by Ord. 2019-2 on 4/24/2019; Amended by Ord. 2023-05 on 5/16/2023)

A.

APPLICATION. Application for a Conditional Use Permit for new construction, substantial change of use, or expansion of use shall be filed with the Town Clerk by the property owner/developer or a certified agent on a form authorized by the Town. The Application shall include (but is not limited to):

1.

Contact info of the applicant (and owner of the property if different);

2.

A Development Plan (see Subsection B below) with any applicable plats, plans, or design drawings necessary for Town Staff review (hard and digital copies will be required and at applicant's expense);

3.

A written description or narrative of the proposed project and the use of the land;

4.

If applicable, an estimate of the number of employees and a summary of the type of equipment and buildings to be involved with the Conditional Use;

5.

An estimate of the time required for construction of the project, including the time required for construction of each phase, if construction is to be made in phases;

6.

A listing of all utilities which will be in place before, during and after construction of the project; and

7.

Such other pertinent information, including but not limited to proof of financial responsibility, fiscal impact analysis, professional traffic, geotechnical, utility capacity or other study, and detailed site analysis, as may be required by the DRC and Zoning Administrator, in their sole discretion, for evaluation of the CUP application.

B.

DEVELOPMENT PLAN. A Development Plan shall include:

1.

A map or satellite image of the existing site and surrounding area with key structures, features, and existing utilities marked;

2.

A Site Plan of the proposed buildings, fences, screening, landscaping, vehicle circulation patterns, automobile parking and loading areas, setbacks, walkways, open spaces, permanent signs, any amenities, and any other information deemed necessary to evaluate the proposed Conditional Use;

3.

As necessary, any plats, plans, or drawings drawn to scale showing the location and dimensions of all existing buildings and structures, streets, parking, traffic flow, landscape and open space areas, signs, or other information as appropriate to the application.

C.

STAFF APPLICATION COMPLETENESS REVIEW. Upon the filing of the CUP application with the Town Clerk and payment received for CUP application filing fees, the CUP application will be reviewed by the Town Staff (including the Zoning Administrator) for completeness. After the Town Staff has determined the application to comply with filing requirements of Subsection A above, the CUP Application will proceed to the CUP review and approval process.

(Amended by Ord. 2019-2 on 4/24/2019; Amended by Ord. 2023-05 Removed Level 1 & Level 2 Determination on 5/16/2023)

A.

CUP PRELIMINARY REVIEW PROCESS.

1.

Upon the CUP application being deemed complete by the Town Staff, the application shall be placed on the agenda for the next Development Review Committee ("DRC") meeting. At the DRC meeting, the CUP application will receive a preliminary review and feedback will be given to the applicant by members of the DRC. At the conclusion of the CUP preliminary review, the Zoning Administrator shall issue a "CUP Preliminary Review Report & Recommendation." Should the DRC determine that additional information, plans or studies are needed it may require applicant to provide such prior to said Report and Recommendation is issued.

2.

The CUP Preliminary Review Report & Recommendation shall contain the following:

a.

A brief summary of the Conditional Use being proposed in the CUP application;

b.

A list of any likely adverse effects to the surrounding area that was identified by the DRC during the CUP Preliminary Review;

c.

A compliance analysis and discussion of the proposed Conditional Use in relation to EACH General CUP Review Criteria set forth in Section 16.16.16 below;

d.

A compliance analysis and discussion of the proposed Conditional Use in relation to EACH applicable set of standards required for specific Conditional Uses set forth in Section 16.16.22 below;

e.

A recommendation to the Planning & Zoning Commission on whether to approve, deny or approve with conditions the CUP Application; and

f.

A list of all conditions that the Zoning Administrator, with input from the DRC, believes are reasonable and necessary to mitigate the likely adverse effects of the proposed Conditional Use.

B.

CUP FINAL REVIEW AND DETERMINATION. Upon completion of the CUP Preliminary Review and the Zoning Administrator's issuance of the CUP Preliminary Review Report & Recommendation, the following process shall be followed:

1.

The Town Clerk will place the CUP application on the agenda of the next available Planning & Zoning Commission meeting for final review and possible approval.

2.

The Town Clerk will schedule a public hearing for the CUP application according to all applicable notification and posting laws of the State of Utah at least 10 days before a scheduled meeting of the Planning & Zoning Commission.

3.

A letter satisfying all notification requirements will be mailed out by the Town Clerk to all current property owners within 300 feet of the outer boundaries of the property where the proposed Conditional Use in the CUP application will take place.

4.

All costs related to this notification will be at the CUP applicant's expense.

5.

In an open and public meeting, the Planning and Zoning Commission will conduct the public hearing and perform the Final Review of the CUP application for compliance with:

a.

The General CUP Review Criteria as set forth in Section 16.16.16, below, and

b.

Any applicable specific Standards for Conditions (By Use) as set forth in Section 16.16.22 below.

6.

As part of its Final Review, the Planning and Zoning Commission shall closely consider the CUP Preliminary Review Report and Recommendation and especially the Zoning Administrator's recommendation and proposed conditions (if applicable) to be included in a CUP.

7.

At the conclusion of the Final Review the Planning and Zoning Commission may:

a.

Approve the CUP;

b.

Approve the CUP with conditions; or

c.

Determine that added conditions will not be able to properly mitigate adverse effects of the proposed use and therefore deny the CUP.

8.

All findings of adverse effect and lack of mitigation options will be submitted in writing by the Planning and Zoning Commission to the Town Clerk to go in the applicant's file.

9.

Following the issuance of a CUP, the applicant may apply for a building permit, if applicable.

C.

CONDITIONAL USE STANDARD OF REVIEW. The Town shall not issue a CUP unless the Planning & Zoning Commission concludes that the CUP application, with possible conditions, can fully mitigate all identified adverse impacts and complies with the following general standards for all conditional uses, as well as any of the applicable specific use standards listed.

(Amended by Ord. 2019-2 on 4/24/2019; Amended by Ord. 2023-05 Adopts a Completely New CUP Review Process on 5/16/2023)

A.

RIGHT OF APPEAL (STANDING). The CUP Applicant, the Town, or an Adversely Affected Party may appeal the Planning and Zoning Commission's decision on a CUP application to the Appeal Authority with fifteen (15) days of the determination. For purposes of this Section, a CUP is considered "determined" when it is issued in written form and signed by the Planning and Zoning Commission Chair and posted upon the Utah Public Notice Website.

B.

FILING OF APPEAL (CONTENTS). An appeal under this Section shall be accomplished by completing the Town's then current administrative appeal form, paying the applicable "Appeal Fee" designated in the Town's Uniform Fee Schedule and submitting those items along with a written explanation of grounds upon which it believes the Planning & Zoning Commission errored in the granting or denying the CUP application along with a list of all documents and exhibits which the appellant believe constitutes the record upon which their appeal is based (collectively "CUP Appeal Packet"). The Appellant shall provide a copy of all documents to the Town Clerk no later than 15 days prior to the hearing.

C.

APPEAL TO THE APPEAL AUTHORITY. Upon receipt of a complete CUP Appeal Packet from a person with standing, the Town Clerk shall transmit the same to the Town's Appeal Authority in compliance with the procedural requirements of VULU Chapter 16.6, and work with the Appeal Authority to schedule a hearing on the issues appealed within forty-five (45) days following the date the CUP Appeal Packet is accepted by the Town Clerk.

1.

The Appeal Authority shall not make its decision without first reviewing the decision of the Planning & Zoning Commission.

2.

The Appeal Authority may affirm or reverse the decision of the Planning and Zoning Commission or may modify any conditions of approval set forth by them during their review.

3.

Once a decision has been made, the Appeal Authority shall present, in writing to the party making the appeal, the reasons for its action, citing supporting factual evidence in the case for approval, denial, or modification.

4.

Upon a determination to sustain the denial of a CUP application, the applicant has the right to continue the appeals process in District Court as found in VULU Chapter 16.6 (See Section 16.6.18).

(Amended by Ord. 2019-2 on 4/24/2019; Amended by Ord. 2023-05 Amended CUP Appeal Procedures on 5/16/2023)

After inspection and determination by the Zoning Administrator for the need to revoke, suspend, or nullify a CUP, a written notice of revocation, suspension or nullification will be sent to the CUP holder via certified mail at the address listed in the CUP application. Upon delivery of the notice, the CUP holder will have fifteen (15) days to appeal the revocation, suspension or nullification to the Town's Appeal Authority.

A.

APPEAL PROCESS. The appeal may be accomplished by following the same process prescribed under Section 16.16.06 above.

B.

APPELLANT'S DUE PROCESS RIGHTS. At the hearing on the revocation, suspension or nullification of a CUP, the CUP holder shall have the right to: (1) be present, (2) be heard, and (3) be represented by legal counsel.

C.

STANDARD OF REVIEW. The Appeal Authority, after notice and a hearing, may affirm or modify the Zoning Administrator's decision to revoke, suspend or nullify the CUP, if:

1.

It determines that the CUP was obtained by misrepresentation or fraud;

2.

Substantial evidence in the record exists that the conditions imposed upon said CUP have not been met; or

3.

Substantial evidence in the record exists that the CUP holder failed to commence the Condition Use by Establishment Date or abandoned the Conditional Use for a period of one (1) year or longer.

D.

WRITTEN DECISION. Once a decision has been made, the Appeal Authority shall present, in writing, the reasons for its determination citing supporting factual evidence in the case for reinstatement of the CUP or sustainment of the revocation.

E.

CESSATION OF USE. The CUP holder shall immediately cease the Conditional Use on the property, upon receipt of the written determination affirming the revocation, suspension or nullification of the CUP.

F.

CONTINUED APPEAL RIGHT. Upon a determination to affirm the revocation, suspension or nullification of the CUP, the CUP holder has the right to continue the appeals process in District Court as found in VULU Chapter 16.6 (See VULU Section 16.6.18).

(Amended by Ord. 2023-05 on 5/16/2023)

If construction of Buildings, Structures or Improvements necessary to safely house an approved Conditional Use is not completed, by or if the approved Conditional Use has not commenced by the Establishment Deadline (one (1) year), the Zoning Administrator holds the right to revoke, suspend, or nullify, a CUP unless, in the Zoning Administrator's judgment, substantial work has been accomplished toward the implementation of the Conditional Use or unless otherwise specified in the action granting the CUP.

(Amended by Ord. 2019-2 on 4/24/2019; Amended by Ord. 2023-05 on 5/16/2023)

The Zoning Administrator may grant an extension of the Establishment Deadline for an issued CUP if shown good cause and upon the following conditions:

A.

SINGULAR EXTENSION. Only one extension may be granted, and the maximum extension must not exceed twelve (12) months.

B.

TIMING OF EXTENSION REQUEST. In order to obtain an extension, the CUP holder must apply in writing before the expiration of the original permit. The application for an extension shall describe the cause for requesting the extension must be submitted to the Town Clerk.

(Amended by Ord. 2019-2 on 4/24/2019; Amended by Ord. 2023-05 on 5/16/2023)

During construction, the building inspector and Zoning Administrator inspects the property on which a CUP is issued to ensure that all Buildings, Structures and improvements comply with the conditions of the CUP and building permit. The Zoning Administrator or delegate, shall also conduct investigations in response to citizen complaints or at the direction of the Planning & Zoning Commission or Town Council to ensure all conditions of a CUP are being met.

(Amended by Ord. 2019-2 on 4/24/2019; Amended by Ord. 2023-05 on 5/16/2023)

An applicant for a CUP must demonstrate:

A.

The CUP application complies with all applicable Town, State and Federal laws;

B.

The Structures, Buildings and Improvements associated with the use are generally compatible with surrounding structures of the zone in terms of use, scale, mass, and circulation;

C.

The proposed Conditional Use is not detrimental to the public health, safety, and welfare of the Town and its residents;

D.

The proposed Conditional Use is consistent with the Town's General Plan as amended;

E.

Traffic conditions are not adversely affected by the proposed Conditional Use, including the existence or need for dedicated turn lanes, pedestrian access, and capacity of the existing streets;

F.

There is sufficient emergency vehicle access;

G.

The location and design of parking and off-street parking complies with Town standards for the zone;

H.

A plan for fencing, screening, and landscaping to separate and mitigate the potential for conflict with adjoining uses;

I.

The site has or is planned to have sufficient utility capacity;

J.

Exterior lighting complies with the lighting standards of the zone;

K.

Possible impacts from the proposed Conditional Use on groundwater have or can be mitigated;

L.

Slope retention and flood potential, within and adjoining the site, have been fully mitigated and is appropriate to the topography of the site;

M.

Any possible issues regarding noise have been identified and will comply with Town standards;

N.

Times of operation are consistent with underlying zone;

O.

Adequate General Liability insurance coverage as necessary.

(Amended by Ord. 2019-2 on 4/24/2019; Amended by Ord. 2022-04 GL Insurance on 2/23/2022; Amended by Ord. 2023-05 Removes reference to Level 1 and Level 2 CUPs on 5/16/2023)

As potential concerns are identified during the Review process for a Level 1 CUPs and Level 2 CUPs, the following standards must be used to establish conditions to possibly mitigate those concerns.

All conditional use permits should identify and enumerate the conditions to be imposed following the standard of S.M.A.R.T. as found in Chapter 16.12 definitions. In order to help the reviewing person(s) during the review process of conditional use permits, the following standards should be considered. These standards are general, and specific standards can be found in the use itself.

A.

STANDARD: THE SAFETY OF PEOPLE AND/OR PROPERTY. Conditions:

1.

Traffic control:

a.

Minimizing the traffic flow.

b.

Directing the traffic flow.

c.

Limiting the types of vehicles.

2.

Requiring fencing or other types of protection.

3.

Requiring additional setbacks or land area.

4.

Lighting for safety.

5.

General Liability Insurance coverage.

B.

STANDARD: HEALTH AND SANITATION. Conditions:

1.

Controlling outdoor storage.

2.

Requiring proper sewer connections or treatments.

3.

Demanding proper disposal of solid waste, abandoned or discarded property, and safety hazards.

4.

Controlling dust or other types of air pollution.

C.

STANDARD: ENVIRONMENTAL CONCERNS. Conditions:

1.

Enforcing well-head protections standards, when applicable.

2.

Requiring planting or ground cover to control dust, runoff and erosion.

3.

Enforcing necessary standards for the protection of watershed.

4.

Controlling the disposal of hazardous materials.

5.

Requiring no special uses of resources.

D.

STANDARD: THE GENERAL PLAN. Conditions:

1.

Protecting the quality of the underlying zone.

a.

Traffic.

b.

Lighting.

c.

Esthetics.

d.

Noise.

e.

Landscaping.

f.

Open space areas.

g.

General use and design.

2.

Encourage diversity of business.

3.

Promote small, locally owned businesses.

4.

Encourage agricultural activities such as ranching and equestrian use.

(Amended by Ord. 2019-2 on 4/24/2019; Amended by Ord. 2019-28 on 9/25/2019; Amended by Ord. 2022-04 GL Insurance on 2/23/2022)

Virgin Town may require certain businesses to obtain liability insurance as a safeguard against litigious claims that could involve the Town. The nature and scope of the business are the deciding factors, and this is addressed during the Business License application process and Conditional Use Permit process.

A.

The requirement of insurance must be applied equally for like businesses and the limits of the said insurance cannot be outside of the standard required by other like businesses either in Virgin Town or in surrounding communities.

B.

The requirement of liability insurance cannot be used or manipulated to be a restrictive or prohibitive means of stopping a business from establishing itself in Virgin town.

(Amended by Ord. 2022-04 GL Insurance on 2/23/2022)

A.

PURPOSE. The purpose of Limited Commercial Habitation (LCH) is to facilitate the successful establishment of small locally owned businesses, by allowing for living quarters on a commercial lot. That is not necessitated by the size and nature of The LCH does not establish residential use in a commercial zone unless the residents are directly associated with the business to which it is attached.

B.

PROCEDURE. Applications for a LCH Permit shall be submitted to the Planning & Zoning Commission for approval.

C.

ELIGIBILITY.

1.

Only the owner, proprietor, or operator of an approved business can be granted an LCH Permit.

2.

Only the LCH permit holder and immediate family members (see VULU Chapter 16.12 Definition of family) may occupy the living quarters.

3.

The living quarters must be entirely incidental to an approved business.

D.

LIMITATIONS AND REQUIREMENTS.

1.

The living quarters must be wholly within or attached to a commercial building.

2.

A maximum of one (1) permit for one (1) living quarter may be granted on a commercial lot.

3.

Living quarters are not to be rented, and no compensation may be exacted for privileges of occupancy of the living quarters.

4.

Living quarters may not be used in any manner that violates Utah state, or Federal labor laws.

5.

Renewed LCH permits are effective until the holder alters the agreement, the permit is revoked pursuant to 8.11.6.C, or the use is abandoned for one (1) year.

E.

MODIFICATIONS.

1.

The Virgin Planning & Zoning Commission may modify a LCH Permit to include reasonable conditions or limitations necessary to protect the public interest including:

a.

Interior or exterior physical buffers, vents, or firewalls to isolate the living quarters from supplies, equipment, or activities likely to exist in or arise from the approved business;

b.

Additional parking or screening;

c.

Time limitations appropriate to the circumstances (i.e., seasonal use, or a cessation of the need for the residential use).

2.

At the discretion of the Planning & Zoning Commission, the floor plan may be altered to accommodate a family as defined in VULU Chapter 16.12., Definition of Family.

F.

ENFORCEMENT.

1.

LCH permits are valid from the date of approval until the holder alters the agreement, the permit is revoked pursuant to 8.11.6.C, or the use is abandoned for one (1) year. The Zoning Administrator shall conduct investigations in response to written complaints or at the direction of the Planning & Zoning Commission or Town Council to ensure all standards of this Chapter is being upheld.

2.

In the case of a failure to comply with one (1) or more of the provisions of this Chapter, the permit holder will be given at least thirty (30)) days to bring living quarters into compliance. If the quarters are not brought into compliance the LCH permit may be withdrawn by a majority vote of the Planning & Zoning Commission, after a hearing to review the information.

3.

If use is altered from that approved permitted in accordance with this Chapter, abandoned for one (1) year, or has not been established within one (1) year after the date granted, the permit shall be null and void.

G.

APPEAL. All decision may be appealed through process as defined in VULU Chapter 16.6.

(Amended by Ord. 2019-2 on 4/24/2019)

A.

RESTAURANTS. Restaurants must follow the Town's General Standards and Town Conditional Use Permit regulations. Restaurants must comply with required State Agencies, Fire Districts and Public Health Department regulations.

B.

MICROBREWERIES.

1.

A microbrewery shall not produce more than 2,500 barrels of beer annually, where one (1) barrel equals thirty-one (31) gallons.

2.

A microbrewery must be licensed by all applicable State and federal agencies.

3.

A microbrewery must contain a restaurant as defined in this ordinance.

4.

All loading and delivery areas of a microbrewery must be screened from view from the street and adjoining properties.

C.

LODGING. (Please see Transient Room Tax ordinance.)

1.

Hotels, motels, and other lodging uses qualify as Open, Tourist-based, Temporary, Tax-Contributory Congregate Living Facilities.

2.

Parking. Design will include a minimum of one (1) and a maximum of one and two-tenths (1.2) parking spaces for each lodging unit, plus one (1) per employee.

3.

Density - Units per Lot. Unless granted density bonus(es) under this ordinance, no lot or parcel shall be developed to have more than one (1) lodging unit per 4,000 square feet of land area (12 units per acre).

4.

Development Yield Analysis. Applicant shall submit a table showing the maximum number of lodging units that would be permitted under the Virgin Town ordinances, consistent with provisions of the Town ordinances. Land that is undevelopable based on the site standards of this Chapter, or because of other laws and ordinances that prohibit development in certain areas (e.g., floodplains, wetlands, steep slopes, and drainage ways) shall be excluded from the development yield analysis. The development yield analysis described in this Section shall establish the base development yield for a parcel. The base development yield may be increased if the Land Use Authority finds that a development qualifies for a density bonus, as follows, Sustainability and Connectivity Incentives:

a.

Building Coverage Bonus. Increased building coverage over that otherwise allowed under laws and ordinances governing development in the Town may be granted by the Land Use Authority as shown. In no event shall building coverage exceed thirty-three percent (33%) of parcel acreage.

b.

Lodging Density Bonus. Additional density over that otherwise allowed under laws and ordinances governing development in the Town may be granted by the LUA as shown. In no event shall density exceed fifteen (15) units per acre.

c.

Sustainability. Sustainability bonuses may only be granted for Leadership in Energy and Environmental Design (LEED) certified designs. LEED is a nationally accepted building design rating system.

D.

COMMERCIAL EQUINE ACTIVITIES.

1.

Use General Requirements:

a.

All equine activities or uses falling under the definition of "business" as defined in VULU Section 16.2.12, require a business license and are subject to a conditional use permit.

b.

Any expansion, or alteration of the equine activity beyond the scope of the conditional use permit requires amendment or revocation and re-issuance of a new conditional use permit.

c.

The equine activity sponsor or professional shall purchase, at their expense, insurance for any and all business equine activities in an amount to be specified in the conditional use permit. The insurance limits to be set by the Town with fair and equitable standards. The equine activity sponsor or professional must name the Town of Virgin in the policy.

d.

The equine activity sponsor or professional shall provide notice to all participants of the equine activity, that there are inherent risks of participating and that the sponsor is not liable for certain of those risks by:

(1)

Posting a sign in a prominent location within the area being used for the activity;

(2)

Providing a document of release for the participant, or the participant's legal guardian if the participant is a minor, to sign.

e.

The notice provided by the sign and document will be sufficient if it includes:

(1)

The scope and intent of "inherent risk" as defined in VULU Section 16.2.12;

(2)

States that the sponsor is not liable for those inherent risks.

f.

Signs are not required to be posted for parades.

2.

Conditional Use Guidelines:

a.

The equine sponsor or professional must submit a written business plan to be reviewed by the appropriate level 1 or level 2 approver, that addresses the following:

(1)

Total number of animals to be maintained.

(2)

Enclosures, security, and care of animals.

(3)

Timely removal and disposal of manure from stalls, barns, fields and trails.

(4)

Control of offensive dust, odors, pests, and flies.

(5)

Considerations to be taken for neighbors and other town residents.

(6)

Septic and water supply for equine, clientele, and employees. (Depending on the scope of operations, these areas will likely require input from the appropriate districts.)

(7)

Detailed maps of all riding areas and trails, including written permissions from private landowners, BLM, and other owners or caretakers of properties where riding will take place.

b.

Once the appropriate level 1 or level 2 approver(s) have received the equine sponsor or professional's written plan, the following should be considered carefully and included in the conditional use permit, following S.M.A.R.T. guidelines as outlined in VULU Section 16.2.12.

(1)

Review the plan and ensure that the plan is sufficient to protect all parties and equine involved.

(2)

Write the conditional use permit based on the plan provided with any additional conditions deemed necessary.

(3)

Ensure that the conditional use permit includes at the end of the conditions the following verbiage: "Although this conditional use permit runs with the land, expansion, alteration, or deviance from any of the agreed upon conditions herein, when reviewed annually, may result in amendment or revocation of said permit following notice."

E.

WINERY/BREWERY STANDARDS.

1.

A detailed business plan including a project overview and feasibility analyses for economy, market, financial sustainability and environmental impacts.

2.

To ensure project safety and feasibility, engineer approval of all grading, excavation, building, flood damage prevention, etc. is required.

3.

Permittee shall comply with all applicable standards of the Virgin Uniform Land Use Ordinance in general and the underlying zone in particular.

4.

Permittee shall not violate the conditions specific to the business license, which are subject to change during license renewal. Licensee shall not violate the conditions of the business license.

5.

An approved plan for the operation and maintenance of the facility and grounds, including waste removal or storage.

6.

Adequate measures shall be taken to prevent or control offensive odor, fumes, dust, insects, noise, and vibration so that none of these will constitute a nuisance.

7.

Appropriate buffers between this use and neighboring uses shall be required by the Land Use Authority.

8.

Where the potential for negative impacts on neighboring or surrounding uses is substantial, the Land Use Authority may mitigate these by requiring extensive amendments to plan or site development.

9.

The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminishes and impairs property values within the immediate vicinity.

10.

The establishment of the conditional use will not impede the normal and orderly development of surrounding vacant property for uses predominant in the area.

11.

The business plan shall show how the use is consistent with the purposes of the zoning ordinance and the zone where the use will be located.

12.

The use shall not cause traffic hazard or congestion, as determined by the Land Use Authority.

13.

The use shall not conflict with the policies plan of the Town.

F.

CASITA/GUEST HOUSE. ¹

1.

Casitas are not intended to be designed or used as independent family dwellings.

2.

Casita Standards. The following standards shall apply to all casitas:

a.

No more than one (1) casita is permitted on a lot.

b.

Wastewater treatment system serving the property must be sized within the guidelines of the health authority to effectively serve additional bedroom and fixtures.

c.

Adequate additional off-street parking shall be provided.

d.

Casitas must be served by the same electrical, water, and gas meters that serve the main single-family dwelling unit.

e.

Attached Casita. If the casita is attached to the primary dwelling unit or to a garage the following requirements must be met:

(1)

Must be of compatible architectural style, including siding and roofing, and shall be made structurally a part of the primary building; and

(2)

Must not be more than fifty percent (50%) of primary dwelling's total area.

f.

Detached Casita. If the casita is detached the following requirements must be met:

(1)

Must not exceed the height of the primary structure;

(2)

Must be within the setbacks of the zone;

(3)

Must be located at least ten feet (10') from any building existing or under construction on the same lot or any adjacent lot;

(4)

Must not be more than fifty percent (50%) of the primary dwelling's total area; and

3.

The owner may not sell a utility-dependent casita as an independent dwelling unit.

4.

The Town of Virgin may require an inspection of a casita to ensure compliance with these standards, in response to a written complaint, subject to twenty-four (24) hour notice to owner.

5.

Violation of this Section, or standards of the underlying zone may result in evacuation and possible removal of building.

G.

RECREATIONAL VEHICLES, TRAVEL TRAILERS, CAMPGROUNDS, AND CABINS. See Chapter 26 - Recreational Vehicles and Travel Trailers.

H.

AUTOMOBILE — SERVICE STATIONS. ²

1.

General Conditions.

a.

An automobile service station shall have frontage on SR-9, although access may be permissible off of an intersecting side street to meet UDOT encroachment requirements.

b.

Measures shall be taken to protect adjacent properties from excessive noises. Sounds broadcast over exterior speakers shall not be audible beyond the boundaries of the property.

c.

Required landscaping shall be concentrated in required yards (including setbacks and buffers) to buffer the development from adjoining streets and properties. Trees shall be a caliper size of not less than two inches (2") when planted, and all landscaping shall be neatly maintained, free of weeds, with dead, damaged, or diseased vegetation replaced in a timely manner.

d.

Trash receptacles and other outdoor equipment, including propane tanks, shall be screened from public view using materials which are complementary to and reflect the design of the primary building.

e.

Outside display and/or storage of merchandise shall be limited in dimension area, location, screening, and merchandise to keep such display and storage to a minimum, and to require that displays be maintained in a neat and orderly condition.

(1)

The permitted outside display and sales area shall be a maximum of 400 cubic feet.

(2)

Merchandise must be stacked and arranged neatly on a hard surface and may be up to six feet in height.

(3)

Display area must be located adjacent to principal building and on side of building with main entrance. No merchandise is permitted on service station islands.

(4)

Display area shall not obstruct pedestrian access on the site.

(5)

Display area shall not occupy or obstruct on-site parking spaces.

(6)

The type of merchandise that may be displayed is limited to items that require an outdoor location, such as plants or fuel, and any items that because of large volume or weight are kept outdoors, such as firewood or landscaping materials.

2.

Parking.

a.

Parking of a vehicle for longer than 48 consecutive hours is prohibited.

3.

Architectural and Site Design Requirements. Virgin Town desires that service stations are developed in a manner that complements the tourism and recreation-based economy of our gateway community to Zion National Park. Site design should creatively encourage and incorporate pedestrian and non-motorized access and safety, and incorporate architectural design, features, and landscaping that add to the aesthetic appeal of a community with internationally acclaimed scenic surroundings.

a.

The design of the facility is encouraged to include provisions for alternative fuels which are accessible to the site, such as electric vehicle charging station(s).

b.

Building.

(1)

Site design should enhance the surrounding landscape, buildings, and/or neighborhoods. Refer to applicable underlying zones in VULU for further information.

c.

Canopy.

(1)

A design that connects the canopy with the primary store structure is encouraged but not required. Coordinate the roof design and supports even if not attached.

(2)

Canopy fascia shall be finished to match the building material and color.

(3)

Canopy supports shall be at least twenty-five percent (25%) clad in brick, masonry, wood or other similar material that is compatible with the architecture of the building and proportional to the height and scale of the canopy.

(4)

Downspouts shall be integrated into the canopy structure.

(5)

Multiple canopies rather than one large canopy are encouraged.

d.

Lighting. Refer to VULU Chapter 8.40 - Lighting Ordinance.

e.

Signs. Refer to VULU Chapter 16.52 - Sign Regulations.

4.

Additional Requirements.

a.

A service station shall be subject to and must follow all State and Federal rules and regulations governing their construction, operation, and maintenance.

b.

All other requirements of Virgin Town Ordinances shall be met, including but not limited to the requirements of the underlying zone, conditional use permits, landscaping, lighting, signs, parking, waste water, storm drainage, and natural hazards.

c.

If provisions of this Section are found to conflict with requirements found in other sections of this Land Use Ordinance, the most restrictive requirements shall apply.

I.

GENERAL PROVISIONS FOR CAMPGROUNDS. ³

1.

The owner(s) of any Campground in Virgin Town that is built and/or regulated by these provisions shall provide a copy of the standards set forth in this Section to all occupants who are tenants.

2.

Campground spaces shall not be occupied or otherwise used by any individual(s) for more than 180 days in a one (1) year period beginning at the initial date of occupancy. Nor shall cumulative occupancy by such person(s) of different spaces within the same Campground exceed a total of 180 days in one (1) year period.

3.

A park manager must be on duty within the park at all times. All Campground managers shall maintain a patron's log consisting of names, dates of occupancy and number of spaces. Patron logs shall be made available to code enforcement officers at their request.

4.

"Quiet time" shall be observed nightly between the hours of 10:00 P.M. and 7:00 A.M.

J.

CAMPGROUND STANDARDS.

1.

GENERAL SITE DESIGN STANDARDS.

a.

Campgrounds shall not consist of more than an average of sixteen (16) units (RV sites, tent sites or cabins) per acre. Units may be clustered.

b.

RV pad shall be all weather.

c.

Utah Administrative Code R392-301 'Recreational Vehicle Park Sanitation' applies to all Campgrounds.

d.

Campgrounds shall be responsible for the regular and proper collection and disposal of all refuse, garbage, and litter.

e.

All exterior boundaries shall be screened from surrounding uses by a privacy wall, fence, or landscaped buffer, or a combination thereof. Privacy walls and fences shall be a maximum of six feet (6') tall. The use of shorter walls, decorative barriers, or three-rail type fence are encouraged to maintain valuable views.

f.

Setbacks. A minimum fifty-foot (50') setback/landscaped buffer along any property boundary that is adjacent to a public street right-of-way and a minimum fifty-foot (50') setback/landscaped buffer along property boundaries which border on residential zones shall be required. The minimum setback in any other circumstance is ten feet (10'). The Public trails may be located within required setbacks/buffers.

2.

CIRCULATION AND PARKING.

a.

Campgrounds shall provide streets in such a pattern as to provide safe traffic circulation and emergency access within the Campground. Streets shall be built to the following standards:

(1)

All roads, wherein the town has a vested interest, must be constructed to town standards including curb and gutter. All other roads must be constructed to International Fire Code standards.

(2)

Street lighting is subject to VULU Chapter 16.40. Low lighting less than 1,500 lumens fully shielded and not more than three feet (3') in height is recommended and should be kept to a minimum. (See VULU Chapter 16.40)

(3)

All Campgrounds shall have direct access to a major arterial street. Campgrounds shall not be accessed from residential streets.

(4)

Campground's ingress and egress must meet requirements of The International Fire Code, Chapter 503 and the National Fire Protection Association 1194.

b.

On street parking is prohibited.

c.

Each RV, travel trailer, campground, and cabin park site shall provide sufficient parking and maneuvering space so that the parking, loading, or maneuvering of trailers incidental to parking shall not necessitate the use of any public street, sidewalk, right-of-way, or any private grounds not part of the Campground area.

d.

Campgrounds shall provide additional guest parking.

3.

UTILITIES.

a.

Campgrounds may be connected to Town of Virgin municipal facilities and a local power company where available. All utility distribution facilities, including television antenna service lines, shall be installed underground.

b.

Adequate water hook-up shall be provides, and hook-ups shall be installed with an approved backflow prevention device.

c.

If wastewater collection system is provided, and it is not possible to connect to a public wastewater system, the Campground is required to provide a treatment system subject to the Department of Environmental Quality (DEQ) / Southern Utah Public Health Department rules, regulations and approvals.

d.

In compliance with Subsection 13 - Groundwater Protection of Virgin Town's Water Service Agreement with the Washington County Water Conservancy District (WCWCD), Virgin's Land Use Authority (LUA) shall not approve Campgrounds which will contribute to groundwater contamination.

e.

Campgrounds shall ensure waste-water treatment systems are functioning at acceptable levels and shall follow the rules, regulations, and requirements for maintenance of the wastewater treatment system according to the Department of Environmental Quality (DEQ) including submitting any required sampling of effluent to the DEQ or to the Southwest Public Health Department for analysis.

f.

Campgrounds shall provide electrical outlets of appropriate voltage to all individual units/sites or enforce "Quiet Time" hours between 10:00 pm to 7:00 am.

4.

LANDSCAPING. Properties fronting on public roads shall have a minimum 50 foot (50') landscaped buffer between the road right-of-way and development. Where safety and welfare are not a conflicting concern, a continuous public trail (consistent with the design approved by the Planning commission shall be provided within this buffer. A minimum ten foot (10') landscaped strip is required between the road right-of-way and the trail for safety of trail users.

5.

INDIVIDUAL SITE DESIGN STANDARDS.

a.

Removal of axles, wheels, or tires from a travel trailer or recreational vehicle located within the Campground, except for emergency and/or temporary removal for repairs is prohibited.

b.

Communal restrooms, including toilets, showers, and lavatories, shall be provided to conveniently and adequately serve units/sites.

c.

Fire pits if present must be built and maintained in such a way to ensure that fires are contained. Owners are responsible for any damage caused by any fires originating from their grounds.

d.

Fires if permitted should be restricted during times of poor air quality or extreme fire danger.

K.

General CLF (Congregate Living Facility) Standards.

1.

All permanent or closed CLF's housing more than five (5) shall require a conditional use permit.

2.

A CLF shall comply with all building, safety, and health regulations applicable to similar structures.

3.

The maximum occupancy of a CLF is to be in accordance with applicable local health and fire safety codes (maximum occupancy is commonly determined by square footage and number of bedrooms).

4.

The minimum number of parking spaces required for a CLF is to be the same as those for a similar dwelling located in the same zone in which the CLF is located plus those necessary for employees.

5.

A CLF must comply with all standards, provisions and rules of the applicable sections of Utah Administrative Code.

6.

Prior to the occupancy of any CLF requiring state licensure or certification, the person or entity to be licensed or certified must provide a copy of such license or certification to the Town.

a.

For purposes of state licensure, a CLF may receive preliminary approval of the permit from the Town. However, final approval is contingent upon receipt and review of documentation of compliance with all federal, state, and local regulations.

b.

The CLF will notify the Town immediately if a state or county license, permit or certification status changes.

² As amended Ordinance # 2017-032217-1

³ Sections 16.16.02 - 16.16.26 amended pursuant to ordinance # 2018-21

(Amended by Ord. 2019-2 on 4/24/2019; Amended by Ord. 2019-20 on 9/4/2019; Amended by Ord. 2019-29 on 9/25/2019; Amended by Ord. 2019-33 on 11/19/2019; Amended by Ord. 2020-17 Removal of Internal Circulation on 7/22/2020; Amended by Ord. 2020-16 Amends Canopy Requirements on 7/22/2020; Amended by Ord. 2020-15 Amends Site Design Requirements on 7/22/2020; Amended by Ord. 2020-41 Casitas on 11/18/2020; Amended by Ord. 2020-44 CLF section on 11/18/2020; Amended by Ord. 2021-44 Removes Pesticide section on 4/21/2021; Amended by Ord. 2021-45 Amends sale restrictions on 4/21/2021; Amended by Ord. 2021-65 District to Zone on 10/20/2021)