Chapter 18.65
CONDITIONAL USE REVIEW PROCESS
Sections:
18.65.020 Preapplication conference.
18.65.040 Written statement and other documentation.
18.65.090 Standards for review.
18.65.100 Sensitive lands review.
18.65.010 Purpose.
The purpose of this chapter is to describe the standards and processes by which the City will review applications for conditional uses in accordance with the Utah Land Use Development Management Act and other governing laws. (Ord. 2016-09 § 1, 2016; Ord. 66 § 1.14, 1993.)
18.65.020 Preapplication conference.
A preapplication conference may be held with the City staff or Planning Commission to determine the nature of the use and the general nature of conditions that might be imposed. At the preapplication conference, City staff and the applicant shall review the application form, the materials and information needed to complete the form, and the procedures used in reviewing the conditional use.
Fees for projects that require review and/or inspection by the City Attorney, City Engineer, or other consultant(s) shall be billed to the applicant at the actual billed rates incurred by the City, in addition to all other applicable fees. To assure prompt payment, the applicant shall deposit with the City sufficient funds against which the City may draw to satisfy these costs, in amounts set forth in the City’s then-prevailing fee and rate ordinance.
All funds in applicant deposit accounts are available at all times for expenditure by the City to satisfy fees incurred by the City for the project. The City shall notify applicants monthly of the fees incurred during the previous month for the applicant’s project. The City shall pay interest on applicant deposit accounts, at the rate at which the City would earn interest on monies in the City’s general fund balance for the applicable period, and shall credit said interest to the applicant’s deposit account. If the balance on deposit for an applicant drops below an amount sufficient to cover anticipated costs, the applicant must pay all outstanding billings for the month plus bring the deposit account back up to a sufficient amount, as set forth in the City’s then-prevailing fee and rate ordinance. If at any time an applicant’s deposit account does not comply with the provisions set forth herein, the City’s staff and its contractors, agents and consultants shall stop work on the project until the account comes into compliance. At the conclusion or termination of a project, any unexpended amounts in an applicant’s deposit account shall be refunded to the applicant with interest. (Ord. 2016-09 § 1, 2016; Ord. 2011-04, 2011; Ord. 66 § 1.14.1, 1993.)
18.65.030 The application.
A conditional use application shall be filed on a form prepared by the City, and shall be supported and accompanied by the following information:
1. A map of the site showing the existing conditions prior to the demolition of any existing structures and any grading, showing north arrow and scale.
2. A map identifying the subject site in relation to adjoining public streets and the neighborhood in which it is located with north arrow and scale.
3. The boundaries of the site, and any easements of record or known prescriptive easements, existing roads, fences, irrigation ditches, and drainage facilities.
4. Topography with contours shown at intervals of five feet or less, 100-year floodplain and high ground water areas, known spring and seep areas and ditches or canals, and known wetlands.
5. Vegetation type and location; soil type and load carrying capacity information.
6. Site plan of the proposed conditional use showing building locations, proposed road locations and other circulation features and proposed finish grade.
7. Proposed drainage, drainage works, retaining walls, and erosion control plans.
8. Proposed location of all site improvements such as arenas, barns, plazas, tennis courts, pools, and similar improvements.
9. Proposed easements for new utility services or relocated utility services, proposed intersections with existing public streets and lighting plans, if any.
10. Proposed landscaping and signage.
11. Designations of proposed ownership of areas shown on the site plan as common area or dedicated open space.
12. General architectural concept drawings of proposed buildings.
13. Proposed location of a common satellite receiving station or other antennas.
14. When appropriate proposed mitigation measures for any noise, lights, or odors produced by the conditional use and proposed hours of operation.
15. When appropriate, the means by which the applicant proposes to use for pollution control from dust, ground water pollution, and other pollutants as may be applicable.
16. Other information necessary for the meaningful review of the project. Additional information may be requested at the preapplication conference based on the nature of the project or the site. (Ord. 2022-01 § 1 (Exh. A), 2022; Ord. 2016-09 § 1, 2016; Ord. 66 § 1.14.2, 1993.)
18.65.040 Written statement and other documentation.
A written statement shall be submitted with the following documentation containing and/or explaining the following information:
1. A preliminary title report showing the title to the property, and listing all encumbrances, covenants, easements, and other matters affecting title, and a legal description of the site.
2. Copies of any covenants or easements which are referred to in the title report.
3. A development schedule indicating phased development, if any, and the estimated completion date for the project.
4. Stamped and addressed envelopes, including the return address listed for the City, for all property owners within 600 feet of the perimeter of the site or lot line with their current mailing addresses as shown from the most recently available county assessment rolls.
5. A general description of the project.
6. A statement of whether the property is subject to a homeowner’s association declaration or similar covenants, conditions or restrictions. If so, the City shall instruct the applicant to contact the architectural committee or other body with authority over the proposed construction, but in no case shall the City be liable or responsible for failure to so instruct the applicant, or for the applicant’s failure to comply in any way with the applicable covenants, conditions or restrictions.
7. Other information that might be helpful to the City in reviewing the proposed use. (Ord. 2016-09 § 1, 2016; Ord. 66 § 1.14.3, 1993.)
18.65.050 Notice/posting.
Upon receipt of the complete conditional use application and payment of all applicable fees, the City staff shall give notice to the public in accordance with the provisions of FCC 18.05.060. (Ord. 2016-09 § 1, 2016; Ord. 66 § 1.14.4, 1993.)
18.65.060 Public comment.
The posted, mailed, and published notice shall identify the conditional use proposal and location, and shall state that a public hearing has been scheduled in accordance with FCC 18.05.060. (Ord. 2016-09 § 1, 2016; Ord. 66 § 1.14.5, 1993.)
18.65.070 City action.
1. Time Frame. Once an application is received, the City staff will work diligently to review the application as quickly as time and workload allows.
2. City Staff Review. City staff and other appropriate City officials shall review the project and propose a conditional use permit encompassing the conditions of development and approval.
3. Planning Commission Review. Following a public hearing consistent with the requirements in FCC 18.05.060, the Planning Commission shall determine if all points of this title and FCC Title 17 have been complied with for review and compliance of the conditional use process and may further amend, add or delete conditions recommended by the City staff prior to approval. The Planning Commission will recommend the permit for approval with appropriate conditions or denial of the permit to the City Council for their review at the next regularly scheduled City Council meeting that can meet notice requirements of FCC 18.05.060.
4. City Council Approval. The City Council may approve, amend and approve or deny the application for a conditional use permit as proposed to the Planning Commission. After approval by the City Council, building permits are to be issued by the City Building Official as provided in the International Building Code and this title and FCC Title 17. (Ord. 2016-09 § 1, 2016; Ord. 1999-1 § 1.14.6.5, 1999; Ord. 66 § 1.14.6, 1993.)
18.65.080 Expiration.
Unless otherwise specified during the review and approval process, conditional use permits shall expire one year from the date of the City Council approval of the conditional use permit, unless substantial construction activity has commenced on the project. Substantial construction activity is evidenced by the developer obtaining building permits for the project (or for the first phase of a phased project). Permits may be issued in stages, but the issuance of a footing and foundation permit is not evidence of substantial construction activity unless the permits for the remainder of the structure (or remainder of the phase, in phased projects) are obtained within six months of the issuance of the footings and foundation permit. Demolition permits do not evidence substantial construction work for purposes of extending a conditional use permit. Whether construction has commenced or not, the City Council may grant an extension for up to one additional year when the applicant is able to demonstrate a legitimate delay in the start of construction, such as inclement weather, delays in financing, or similar factors. (Ord. 2016-09 § 1, 2016; Ord. 66 § 1.14.9, 1993.)
18.65.090 Standards for review.
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 of this title and FCC Title 17. 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 of this title and FCC Title 17, the conditional use may be denied. No conditional use permit shall be issued unless the City finds that the application complies with all requirements of this title and FCC Title 17; that the use will be compatible with surrounding structures in use, scale, mass and circulation; that the use is consistent with the general plan, and that the effects of any differences in use or scale have been mitigated through careful planning. All infrastructure improvements must be concurrently constructed and timed carefully with the development and costs associated with them borne by the developer as previously outlined. The City shall review each of the following items when considering a conditional use permit and proposing or imposing conditions on the permit:
1. Size and location of the site.
2. Traffic considerations including capacity of the existing streets in the area, location and amount of off-street parking, and internal traffic circulation.
3. Utility capacity.
4. Emergency vehicle access and control of delivery and service vehicles, loading and unloading zones, and screening of trash pick-up or waste storage areas.
5. Fencing, screening, and landscaping to separate the use from adjoining uses.
6. Design, architectural detailing, building mass, bulk, orientation, and the location of buildings on the site including orientation to buildings on adjoining lots.
7. Usable and permanent open space considerations.
8. Signage and lighting.
9. Noise, vibration, pollution, odors, steam, or other mechanical factors that might affect people and property off site.
10. Potential for discharge into the air, ground water, surface and subsurface water, or soil.
11. Potential adverse impact on the ability of those who live or own property in the vicinity, including adverse effects to property values and the right to use and enjoy their property.
12. Other technical review matters as may be advised by the City. (Ord. 2016-09 § 1, 2016; Ord. 66 § 1.14.10, 1993.)
18.65.100 Sensitive lands review.
If a conditional use approval is located within the sensitive area overlay zone, or designated area, additional requirements and regulations may apply. See the sensitive lands provisions in Chapter 18.120 FCC. (Ord. 2016-09 § 1, 2016; Ord. 66 § 1.14.11, 1993.)