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West Bountiful City Zoning Code

17.60 Conditional

Uses

17.60.010 Purpose And Intent

The purpose and intent of this chapter is to promote the health, safety, convenience and general welfare of the inhabitants of the city. This chapter accomplishes this by providing sufficient flexibility to allow in certain areas compatible integration of uses which are related to the permitted uses of the district or are of a temporary nature, but which may be suitable only in certain locations and/or under certain development conditions. 

HISTORY
Adopted by Ord. 374-15 on 11/18/2015

17.60.020 Conditional Use Permit: When Required

A conditional use permit shall be required for all uses classified as conditional in this title

HISTORY
Adopted by Ord. 374-15 on 11/18/2015

17.60.030 Planning Commission Approval Required

  1. Conditional uses are subject to approval by the planning commission in districts permitting such uses under this title. 
  2. Public Hearings. A public hearing may be held on the conditional use application when deemed by the planning commission to be in the public interest. However, in the following instances the holding of a public hearing shall be mandatory:
    1. The planning commission determines that existing streets and thoroughfares are not suitable and adequate to carry anticipated traffic, and increased densities resulting from the proposed use may generate traffic in such amounts as to overload the street network outside the district;
    2. The planning commission determines that increases in traffic, light, odor or environmental pollution generated by the proposed use may significantly change the intended characteristics of the district as outlined in this title;
    3. The planning commission determines that the architectural design of the proposed use varies significantly from the architectural characteristics of the district, as outlined in this title, in which such use is proposed.

HISTORY
Adopted by Ord. 374-15 on 11/18/2015

17.60.040 Determination To Issue Conditional Use Permit

  1. 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.
  2. 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, the conditional use may be denied. 
  3. As used in this section, “applicable standards” means the requirements of this chapter and all other applicable requirements of the Municipal Code.
  4. In order to approve a conditional use, the planning commission shall consider whether:     
    1. The proposed use at the particular location is necessary or desirable to provide a service or facility that will contribute to the general well-being of the neighborhood and the community;
    2. The proposed use, under the circumstances of the particular case, will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity;
    3. The proposed use and/or accompanying improvements will not inordinately impact schools, utilities, and streets;
    4. The proposed use will provide for appropriate buffering of uses and buildings, proper parking and traffic circulation, the use of building materials and landscaping which are in harmony with the area, and compatibility with adjoining uses; 
    5. The proposed use will comply with the regulations and conditions specified in the land use ordinance for such use;
    6. The proposed use will conform to the intent of the city’s general plan; and
    7. The conditions to be imposed in the conditional use permit will mitigate the reasonably anticipated detrimental effects of the proposed use and accomplish the purposes of this subsection.
  5. To assist the planning commission in its review, the applicant, at his or her cost, shall provide any report and/or study relating to utilities, traffic impact, school impact, soil and water impact, existing conditions, line-of-sight and building massing, and any other information reasonably requested by the City.
  6. Conditional use approval may include limitations or requirements as to street or trail dedication; the height, size, location and design of structures; landscaping; density; ingress; egress; fencing; parking; lighting; noise; hours of operation; and similar obligations or restrictions intended to mitigate the reasonably anticipated detrimental effects of the proposed use.  Height, density and size requirements for structures in each zone are maximums, and may be reduced or modified as conditions of approval of any conditional use.         

HISTORY
Adopted by Ord. 374-15 on 11/18/2015

17.60.050 General Inspection

Each property for which a conditional use permit application is submitted is subject to an inspection to ensure compliance with the Municipal Code and to determine appropriate conditions for issuance of a conditional use permit. Following the issuance of a conditional use permit, the city may inspect the property from time to time to verify compliance with the Municipal Code and the conditions established in the conditional use permit. For uses involving buildings or construction, the city, at its discretion, may require the applicant or permit holder to pay for an inspection by a building inspector.  In all other cases, City staff may perform the inspection.

HISTORY
Adopted by Ord. 374-15 on 11/18/2015

17.60.060 General And Performance Standards For Conditional Uses And Conditional Use Developments

Applicants for conditional use permits shall meet all specific requirements of the city building code, land development and zoning codes, including those set forth in the subdivision ordinance and the city’s development standards and specifications, as they apply to the zone for which the permit is requested. The planning commission may establish additional requirements related to the health, safety and welfare of area residents. 

HISTORY
Adopted by Ord. 374-15 on 11/18/2015

17.60.070 Expiration Of Permit

  1. Every conditional use permit shall expire and become null and void if the use authorized by the permit has not been commenced within one hundred eighty (180) days. If the permit holder files a written application for an extension before the expiration of the permit and presents satisfactory evidence that unusual difficulties have prevented commencement of the use within the specified time limit, the zoning administrator may grant a reasonable extension of time, up to an additional one hundred eighty (180) days, to commence the use. Commencement of the use includes applying for and obtaining all necessary building permits and other permits for the proposed use.
  2. A conditional use permit for uses which are of a temporary nature may be issued for the intended duration of the temporary use, as determined by the planning commission in its sole discretion, or for two years if no other time frame is stipulated.

HISTORY
Adopted by Ord. 374-15 on 11/18/2015

17.60.080 Review And Revocation Of Permit

  1. Conditional use permits under this chapter are subject to review by the planning commission upon complaint.
  2. No conditional use permit shall be modified, revoked or suspended for more than 30 days without a hearing before the planning commission. The permit holder shall be notified in writing of the hearing and the grounds for convening the hearing. Such notice shall be served on the permit holder by registered or certified mail or personal service at least seven (7) days prior to the hearing, which may be held at a public meeting.  At the hearing, the permit holder shall be given an opportunity to be heard, and may call witnesses and present evidence. Following the hearing, the planning commission shall determine whether the permit shall remain in place, whether additional or different conditions shall be imposed, or whether the permit shall be suspended or revoked. The permit holder may appeal the planning commission’s decision to the city council in the manner provided in Chapter 17.08. 
  3. Notwithstanding the foregoing, the zoning administrator may impose a temporary suspension on a conditional use, not to exceed thirty (30) days, under the circumstances described in this subsection.  Before imposing a temporary suspension, the zoning administrator must find, after investigation, that:
    1. The permit holder has violated the conditions of the permit, or has violated the provisions of the Municipal Code or other laws applicable to the conditional use, and
    2. The violation has caused, or is likely to cause, immediate or irreparable harm to the health, safety, or welfare of persons in the community.
    The temporary suspension will be effective immediately upon notification to the permit holder, which may be effected in any reasonable manner, including by posting on the property and, at the same time, following up with certified mail.
HISTORY
Adopted by Ord. 374-15 on 11/18/2015

17.60.090 Farm Animals

Conditional uses involving farm animals are subject to the provisions of this chapter, with the following exceptions:

  1. Any conditional use permit allowing increased density of farm animals on a property shall expire upon sale of the property.
  2. The provisions of the ordinance allowing farm animals on the property shall govern any inconsistent provision of this chapter.
  3. In approving a conditional use, the planning commission may impose conditions with regard to setbacks; control of animal waste, debris, noise, odor, and drainage; and prevention of damage to adjacent properties, as well as any other reasonable condition allowed under this chapter, in order to mitigate the reasonably anticipated detrimental effects of the proposed use.

HISTORY
Adopted by Ord. 374-15 on 11/18/2015

374-15