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22C-1 Purpose and Intent
The purpose of this chapter is to establish standards for land uses listed in each zone as a conditional use, and to provide for a reasonable application, review, and approval process for land uses that are specified as "conditional."
Conditional uses are intended to allow greater flexibility by providing a wider variety of uses in a zone, while at the same time allowing conditions to be applied, due to their unique characteristics or potential impacts on surrounding uses. These may be appropriate only in certain locations and/or under specific conditions that mitigate potential impacts. If impacts cannot be mitigated, the conditional use may be deemed incompatible in some areas.
22C-2 Conditional Use Permit
A Conditional Use Permit shall be required for all uses listed as a conditional use in the Weber County Zoning Ordinance. The conditional use permit shall list all requirements determined appropriate to mitigate the impacts created by the use in order to make it acceptable at a specific location.
In the event a change is proposed from the conditions of the original approval, an amendment to the original conditional use permit shall be required. A conditional use permit shall run with the property, unless the permit has expired or has been revoked.
22C-3 Review Procedure
Applications for a conditional use permit shall be submitted to the Planning Division.
1. An application shall include:
- A completed application form signed by the property owner or certified agent.
- An application fee. The payment of a partial application fee, or the submittal of plans for a pre-submittal review, does not constitute a complete application.
- A narrative addressing the Criteria of Issuance 22C-5,
- Detailed location map,
- Detailed building plans and site plans specifications shall be drawn to scale including electronic copies showing details and other applicable zoning requirements as which are outlined in Chapter 36 "Design Review" and Chapter 18C “Ogden Valley Architectural, Landscape and Screening Standards”.
- Accompanying documents including water and waste water feasibility letters.
- Any additional pertinent information needed to adequately describe the proposal.
- A requirement that the applicant submit applicable impact studies or other technical studies regarding grading, drainage, traffic, geologic hazards, etc.
- For those applications where no changes are proposed to an existing structure, the application requirements may be modified by the Planning Director.
2. Application review:
- The application review procedure for proposed conditional uses and the site plan will insure compliance with all applicable ordinances and mitigation of anticipated detrimental effects.
- The application review procedure shall contain the following components:
- A pre-application meeting, in which preliminary site plans are reviewed and discussed prior to finished plans being submitted for review;
- A review of the application for completeness;
- Referral of the application to all referral agencies;
- A review of the proposed site plan for compliance with applicable sections of the zoning ordinance;
- A review of the proposed use and site plan to ascertain potential negative impacts and whether reasonable conditions can be imposed to mitigate those impacts.
22C-4 Criteria for Issuance of Conditional Use Permit
Conditional uses shall be approved on a case-by-case basis. The Planning Commission shall not authorize a conditional use permit unless evidence is presented to establish:
- Reasonably anticipated detrimental effects of a proposed conditional use can be substantially mitigated by the proposal or by the imposition of reasonable conditions to achieve compliance with applicable standards. Examples of potential negative impacts are odor, vibration, light, dust, smoke, or noise.
- That the proposed use will comply with the regulations and conditions specified in the Zoning Ordinance and other applicable agency standards for such use.
22C-5 Appeal and Revocation
The decision of the Planning Commission may be appealed to the County Commission by filing such appeal within 15 days after the written decision of the Planning Commission.
The County Commission may uphold or reverse the decision of the Planning Commission and impose any additional conditions that it may deem necessary in granting an appeal. The decision of the County Commission shall be final.
A Conditional Use Permit may be revoked by the Planning Commission upon failure to comply with the conditional use permit.
2C 6. Permit and Improvement Guarantee
Prior to the issuance of a conditional use permit the applicant shall submit the appropriate required letters and/or permits from the appropriate review agencies.
Prior to the issuance of Certificate of Occupancy Permit, a Business License or any other permit required by Weber County, the developer shall deposit funds into an escrow account with the Weber County Engineering Division for all off-site improvements and on-site landscaping as per the approved site plan, and for the completion of any uncompleted improvements or conditions of approval.
Unless there is substantial action under a conditional use permit within a maximum period of one (1) year of its approval from the Planning Commission, the conditional use permit shall expire. The Planning Commission may grant a maximum extension of six (6) months. Upon expiration of any extension of time granted by the Planning Commission, the approval for the conditional use permit shall expire and become null and void.
22C-8 Discontinued Use
When an approved conditional use has been discontinued and/or abandoned for a period of one (1) year, the conditional use permit becomes null and void. In order to restore the conditional use, a new application shall be filed for review and consideration by the Planning Commission.