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Wasatch County Unincorporated
City Zoning Code

CHAPTER 16

23: CONDITIONAL USE; GENERAL PROCEDURES

16.23.01: PURPOSE

Although each zone attempts to identify permitted land uses that are generally compatible with each other and to assign compatible land uses to specific zoning districts, there are land uses that are more intensive and produce special impacts, which can be made compatible only through conditional regulation. If properly and carefully planned, these conditional uses may become compatible and appropriate. 

HISTORY
Adopted by Ord. 2002 Code § 16.23.01 on 1/1/2002

16.23.02: PROCEDURE

Applications for Conditional Use Permits shall follow the same procedures for development applications as outlined in 16.27.05 of this title.

HISTORY
Adopted by Ord. 2002 Code § 16.23.02 on 1/1/2002
Amended by Ord. 21-15 on 10/22/2021

16.23.03: RESERVED


HISTORY
Adopted by Ord. 2003-22 on 12/19/2003
Amended by Ord. 2005-18 on 3/9/2006
Amended by Ord. 2005-23 on 3/9/2006
Amended by Ord. 06-15 on 6/30/2008
Amended by Ord. 16-04 on 10/5/2016
Amended by Ord. 17-14 on 8/16/2017
Amended by Ord. 18-02 on 5/16/2018
Amended by Ord. 19-02 on 3/20/2019

16.23.04: MINIMUM GENERAL APPLICATION REQUIREMENTS

  1. An applicant shall be required to submit a complete Conditional Use Permit application in compliance with Section 16.27.05(A). The application for a Conditional Use Permit shall also include the following plans and documents prepared in accordance with Wasatch County standards:
    1. Exhibit 1 - Detailed description of the project including lot size(s), building size(s), and reason for the Conditional Use Permit and including a statement of justification from the applicant regarding the criteria of approval noted in 16.23.07, and any additional criteria associated with specific conditional uses.
    2. Exhibit 2 - A plan identifying existing conditions of the subject site in relation to adjoining public streets, fences, irrigation ditches, drainage facilities, public utility facilities, and any easements of record or known prescriptive easements;
    3. Exhibit 3 - A site plan showing property boundaries, necessary or proposed easements, and all proposed improvements such as, but not limited to, buildings, landscaping, roads, parking, finished grading, proposed drainage, retaining walls, and relationship to existing conditions, including any existing buildings prior to demolition or grading;
    4. Exhibit 4 - General architectural concept elevation drawings of proposed buildings;
    5. Exhibit 5 - Physical Constraints Analysis as defined in 16.27.25;
    6. Exhibit 6 - Recorded subdivision plat or, if not in a recorded subdivision, a Certificate of Zoning Verification;
    7. Stamped addressed envelopes for all property owners within five hundred feet (500') of any boundary of the subject property with their current mailing addresses as shown from the most recently available county assessment rolls, except that if the subject property is a condominium which has an owners' association, the name and address of the owners' association is sufficient in lieu of each owner; and
    8. Other information as may be reasonably useful or necessary for the meaningful review of the project, as requested by the planning staff, or as required to demonstrate compliance with additional requirements a land use authority should find to approve a conditional use permit.
HISTORY
Adopted by Ord. 2002 Code § 16.23.04 on 1/1/2002
Amended by Ord. 2003-22 on 11/24/2003
Amended by Ord. 21-15 on 10/22/2021

16.23.05: NOTICE/POSTING OF MATTERS TO BE DETERMINED BY STAFF

Upon receipt of a complete application for a conditional use and payment of all applicable fees, and after appropriate staff review, planning staff shall:
  1. Prepare a written notice containing a summary of the information included in the application, and inviting comments or objections to be submitted to the planning department within ten (10) days of the date the notice is published.
  2. Mail the notice to all owners whose real property adjoins or lies within five hundred feet (500') of all parts of the parcel on which the proposed conditional use is to be established (hereafter the "affected owners"). The county may send this notice to the last known address of the owner as listed on the county tax rolls.
  3. If no objections are received and the conditional use is one that has been delegated to planning staff for determination, planning staff may deny the permit, grant the permit, or grant the permit with specified conditions. If objections are received, planning staff shall refer the matter to the planning commission for a public hearing. Notice of this hearing shall be provided to all affected property owners within five hundred feet (500') and in accordance with 16.02.02 of this title. Planning commission motions shall list all conditions of approval specifically. 
HISTORY
Adopted by Ord. 2002 Code § 16.23.05 on 1/1/2002
Amended by Ord. 2003-22 on 11/24/2003
Amended by Ord. 21-15 on 10/22/2021

16.23.06: TRANSFERABILITY, TIME FOR PERFORMANCE, EXPIRATION, MODIFICATION AND REVOCATION

  1. Transferability: A conditional use permit is transferable with the title to the underlying property so that an applicant may convey or assign an approved project without losing the approval, so long as all conditions continue to be met. The applicant cannot transfer the permit off the site on which the approval was granted.
  2. Time For Performance Of Conditions: All conditions set forth in the conditional use permit must be fully performed prior to the commencement of the use or occupancy of the structure, and during and throughout the continued use or occupancy of the structure. In the event that certain conditions cannot be fully performed prior to commencement of the use or occupancy, the applicant shall apply to the issuing department for an exception to this requirement. An exception shall not be granted unless a date is set for performance and a cash bond in the amount of one hundred twenty five percent (125%) of the estimated cost of performance is posted with the county. As conditions are met by the applicant, a proportionate share of the performance bond may be released, up to a maximum of one-half (1/2) of the amount of the bond. The county shall retain the remaining fifty percent (50%) until full completion of all conditions. In no circumstances shall the installation of improvements take longer than one year from the date the conditional use permit is granted.
  3. Expiration: Unless otherwise specified in the motion granting a conditional use permit, a permit that has not been utilized within twelve (12) months from the approval date, shall become null and void by operation of law. Once any portion of the conditional use permit is utilized, the conditions related thereto become immediately operative and must be strictly obeyed. Utilization shall be construed to mean pouring of concrete, or commencement of framing on construction, or commencement of the use or uses for which the permit was granted. Conditional Uses involving multiple parcels must be utilized within 12 months as described above for at least one parcel, and must be utilized for all parcels within five (5) years, or the conditional use is revoked and expired to the extent that it applied to those parcels for which it was not utilized. More specific expirations may be required as part of the conditional use approval.
  4. Modification Or Revocation Of Conditional Use Permit: The planning commission shall hold a hearing upon the question of modification or revocation of a conditional use permit granted pursuant to the provisions of this section. Notice of said hearing shall be made at the same time and in the same manner as required to obtain the conditional use permit. A conditional use permit may be modified or revoked if the planning commission finds one or more of the following:
    1. The use permit was obtained by mistake of fact, misrepresentation or fraud;
    2. The use for which the permit was granted is not being exercised;
    3. The use for which the use permit was granted has ceased or has been suspended for six (6) months;
    4. The conditions imposed upon said use permit have not been complied with or maintained;
    5. The use produces impacts not anticipated, recognized or foreseen during the approval process, and these impacts cannot be mitigated so as to meet the general standards and findings required for issuance of the conditional use permit;
    6. The use has been so expanded or intensified that the impacts have exceeded those foreseen during the approval process, and these impacts cannot be mitigated so as to meet the general standards and findings required for issuance of the conditional use permit;
    7. The use is detrimental to the health, safety or general welfare of persons residing in the vicinity or injurious to property in the vicinity, except that a change in the market value of real estate shall not be considered an injury to property. In the event that this subsection applies to the point where it is determined by the terms of this title that a nuisance exists, abatement of the nuisance shall be an available remedy.
  5. Appeals: Any appeals to decisions made by the administrative staff on conditional uses under the provisions of 16.01.05(B) must be forwarded to the planning commission. The Appeals Hearing Officer shall hear any appeals to the decision of the planning commission regarding the issuance or denial of a conditional use permit. 
HISTORY
Adopted by Ord. 2002 Code § 16.22.06 on 1/1/2002
Amended by Ord. 2003-22 on 11/24/2003
Amended by Ord. 23-20 on 12/20/2023

16.23.07: GENERAL STANDARDS AND FINDINGS REQUIRED

These standards shall be in addition to other standards set forth in this land use and development code for the conditional use proposed. If there is a direct conflict between these standards and those set forth for the appropriate zoning district, the more specific standards control. If reasonable conditions are proposed, or can be imposed by the land use authority, to mitigate the reasonably anticipated detrimental effects of the proposed use in accordance with applicable standards, and compliance with all other requirements of the land use and development code have been demonstrated by the applicant, the land use authority shall approve the conditional use permit application. The land use authority shall not issue a conditional use permit unless the applicant demonstrates, and the land use authority finds:

  1. The application complies with all requirements of this title;
  2. The business shall maintain a business license, if required;
  3. The use will be compatible with surrounding structures in use, location, scale, mass, design and circulation;
  4. The visual or safety impacts caused by the proposed use can be adequately mitigated with conditions;
  5. The use is consistent with the Wasatch County general plan;
  6. The effects of any future expansion in use or scale can be and will be mitigated through conditions;
  7. All issues of lighting, parking, the location and nature of the proposed use, the character of the surrounding development, the traffic capacities of adjacent and collector streets, the environmental factors such as drainage, erosion, soil stability, wildlife impacts, dust, odor, noise and vibrations have been adequately mitigated through conditions;
  8. The use will not place an unreasonable financial burden on the county or place significant impacts on the county or surrounding properties, without adequate mitigation of those impacts;
  9. The use will not adversely affect the health, safety or welfare of the residents and visitors of Wasatch County; and
  10. Any land uses requiring a building permit shall conform to the international uniform building code standard. 
HISTORY
Adopted by Ord. 2002 Code § 16.23.07 on 1/1/2002
Amended by Ord. 2003-22 on 11/24/2003
Amended by Ord. 2004-26 on 11/17/2004
Amended by Ord. 2005-18 on 3/9/2006
Amended by Ord. 21-15 on 10/22/2021

21-15

16-04

17-14

18-02

19-02

23-20