14.02.040 Conditional Use Permits.
(1) The Planning Commission may, subject to the procedures and standards set forth in this Chapter, grant, conditionally grant, or deny an application for a Conditional Use Permit for uses allowed by the Chapter for the applicable zone. The purpose of a Conditional Use Permit is to allow proper integration of uses into the community which may only be suitable in specific locations and may have potentially detrimental characteristics if not properly designed, located, and conditioned.
(2) The following standards shall apply to any request for a Conditional Use Permit:
(a) A proposed conditional use shall be granted unless the subject use will be detrimental to the health, safety, or general welfare of persons residing in the vicinity or injurious to property in the vicinity.
(b) A proposed conditional use shall be detrimental to the health, safety, or general welfare of persons residing in the vicinity or injurious to property in the vicinity:
(i) if the proposed use will cause unreasonable risks to the safety of persons or property because of vehicular traffic or parking, large gatherings of people, or other causes;
(ii) if the proposed use will unreasonably interfere with the lawful use of surrounding property;
(iii) if the proposed use will create a need for essential municipal services which cannot be reasonably met; or
(iv) if the proposed use will in any other way be detrimental to the health, safety or general welfare of persons residing in the vicinity or injurious to property in the vicinity.
(c) A change in the market value of real estate shall not be a basis for the denial of a proposed conditional use.
(d) If a part of a proposed conditional use is found to be contrary to the standards described in this Section, the applicant may propose or consent to curative measures which will make the proposed use not contrary to the standards described in this Section.
(3) Application. Application for a Conditional Use Permit shall be made on a form authorized by the Planning Commission. Said application shall be filed with the Planning Commission and shall be accompanied by the following:
(a) Plats, plans, or drawings drawn to scale showing the location and dimensions of buildings, streets, and other improvements on or near the subject property which may be affected by the proposed use and showing the nature and extent of those effects.
(b) A filing fee as shown on the Consolidated Fee Schedule adopted by the Municipal Council.
(4) Public Hearing. Prior to granting a Conditional Use Permit and after receipt of reports and recommendations, the Planning Commission shall hold a public hearing in accordance with the provisions of Section 14.02.010, Provo City Code.
(5) Action on Application. The Planning Commission may impose conditions on the issuance of a conditional use permit including, but not limited to, limitations on the size or shape of buildings; the dedication, relocation, and/or development of streets; installation and up sizing of utility mains, screening or landscaping to protect adjacent properties; the elimination or relocation of windows or doors to protect the public and adjacent property from the detrimental features of the proposed use; or the requirement of additional parking, or other changes. The Planning Commission may require that the applicant prepare and record covenants running with the land which under the conditions are binding upon the applicants and their successors. No building permit shall be issued until any required Conditional Use Permit has been obtained.
(6) Any use contrary to the Conditional Use Permit or any use utilized prior to obtaining such a permit when one is required under this Title or other ordinance or any use inconsistent with the Conditional Use Permit after it has been issued is unlawful and may be enjoined by the City.
(7) Any appeals to the decision of the Planning Commission regarding the issuance or denial of a conditional use permit shall be heard by the Board of Adjustment as outlined in Section 14.02.050, Provo City Code.