ZDO 1203: Conditional Uses

1203.01 Purpose And Applicability

Section 1203 is adopted to provide standards, criteria, and procedures under which a conditional use may be approved.

1203.02 Submittal Requirements

In addition to the submittal requirements identified in Subsection 1307.07(C), an application for a conditional use shall include:

1. Preliminary statements of feasibility required pursuant to Section 1006, Utilities, Street Lights, Water Supply, Sewage Disposal, Surface Water Management, and Erosion Control;
2. A vicinity map showing the relationship of the proposed use to the surrounding area;
3. A site plan of the subject property showing existing and proposed improvements; and
4. Building profiles of proposed new and remodeled structures.

1203.03 General Approval Criteria

A conditional use requires review as a Type III application pursuant to Section 1307, Procedures, and shall be subject to the following standards and criteria:

1. The use is listed as a conditional use in the zoning district in which the subject property is located.
2. The characteristics of the subject property are suitable for the proposed use considering size, shape, location, topography, existence of improvements, and natural features.
3. The proposed use complies with Subsection 1007.07, and safety of the transportation system is adequate to serve the proposed use. 
4. The proposed use will not alter the character of the surrounding area in a manner that substantially limits, impairs, or precludes the use of surrounding properties for the primary uses allowed in the zoning district(s) in which surrounding properties are located.
5. The proposed use is consistent with the applicable goals and policies of the Comprehensive Plan.
6. The proposed use complies with any applicable requirements of the zoning district and any overlay zoning district(s) in which the subject property is located, Section 800, Special Use Requirements, and Section 1000, Development Standards.

1203.04 VCS District Approval Criteria

In addition to the standards and criteria in Subsection 1203.03, a conditional use—except a wireless telecommunication facility—in the VCS District shall be subject to the following standards and criteria:

1. The proposed use shall provide community facilities, such as meeting rooms, recreation rooms, gymnasiums, or performance facilities. 
2. The community facilities required by Subsection 1203.04(A) shall be made available on an ongoing basis to the whole community for little or no cost.  
3. The community facilities required by Subsection 1203.04(A) shall be a minimum of 3,000 square feet or one-third of the usable floor area built, whichever is greater.

1203.05 Approval Period And Time Extension

1. Approval of a conditional use is valid for four years from the date of the final decision. If the County's final decision is appealed, the approval period shall commence on the date of the final appellate decision. During this four-year period, the approval shall be implemented, or the approval will become void. 
   1. Implemented means all major development permits shall be obtained and maintained for the approved conditional use, or if no major development permits are required to complete the development contemplated by the approved conditional use, implemented means all other necessary County development permits (e.g., grading permit, building permit for an accessory structure) shall be obtained and maintained. A major development permit is:
      1. A building permit for a new primary structure that was part of the conditional use approval; or
      2. A permit issued by the County for parking lot or road improvements required by the conditional use approval.
2. If the approval of a conditional use is not implemented within the initial approval period established by Subsection 1203.05(A), a two-year time extension may be approved pursuant to Section 1310, Time Extension.

1203.06 Discontinuation

If a conditional use is implemented pursuant to Subsection 1203.05 and later discontinued for a period of more than five consecutive years, the conditional use shall become void.

[Amended by Ord. ZDO-224, 5/31/11; Amended by Ord. ZDO-230, 9/26/11; Amended by Ord. ZDO-249, 10/13/14; Amended by Ord. ZDO-250, 10/13/14; Amended by Ord. ZDO-248, 10/13/14; Amended by Ord. ZDO-253, 6/1/15; Amended by Ord. ZDO-267, 8/28/17; Amended by Ord. ZDO-266, 5/23/18; Amended by automatic repeal of Ord. ZDO-267, 8/28/19; Amended by Ord. ZDO-280, 10/23/21; Amended by Ord. ZDO-283, 9/5/23]