17-7-15.12 Conditional use standards of review

17-7-15.12 Conditional use standards of review.

The city shall not issue a conditional use permit unless the community and economic development department, in the case of an administrative conditional use, or the planning commission, for all other conditional uses, concludes that the application mitigates adverse impacts and complies with the following general standards applicable to all conditional uses, as well as the specific standards for the use:

A. General Review Criteria. An applicant for a conditional use in the zone must demonstrate:

1. The application complies with all applicable provisions of this title, state and federal law;

2. The structures associated with the use are compatible with surrounding structures in terms of use, scale, mass and circulation;

3. The use is not detrimental to the public health, safety and welfare;

4. The use is consistent with the general plan, as amended;

5. Traffic conditions are not adversely affected by the proposed use including the existence of or need for dedicated turn lanes, pedestrian access, and capacity of the existing streets;

6. Sufficient utility capacity;

7. Sufficient emergency vehicle access;

8. Location and design of off-street parking as well as compliance with off-street parking standards provided for in Sections 17-7-5.7 and 17-7-15.8;

9. Fencing, screening, and landscaping to separate the use from adjoining uses and mitigate the potential for conflict in uses;

10. Compatibility of the proposed mass, bulk, design, orientation, and location of the structures on the site, including compatibility with buildings on adjoining lots and to the street;

11. Exterior lighting that complies with the lighting standards of the zone and is designed to minimize conflict and light trespass with surrounding uses; and

12. Within and adjoining the site, impacts on the aquifer, slope retention, flood potential and appropriateness of the proposed structure to the topography of the site.

B. Specific Review Criteria for Certain Conditional Uses. In addition to the foregoing, the community and economic development department and planning commission must review each of the following criteria when considering approving or denying an application for each of the following conditional uses:

a. Child Care Facility/Center. Each application for a child care facility or center must include:

i. City business license application, to be finalized upon approval;

ii. Compliance with state, federal and local law;

iii. A design which precludes a front yard playground and signage in excess of a two-square-foot nameplate; and

iv. A delivery, traffic and parking plan which adequately mitigates the adverse impacts of increased traffic generation on the neighborhood in which it is located.

b. Assisted Living/Senior Housing/Congregate Care. Each application for an assisted living, senior housing or congregate care use must comply with the following:

i. The maximum number of residents shall be:

(A) Eight for structures fronting on public streets smaller than collector streets; and

(B) Sixteen for structures fronting on public streets considered collector streets or larger.

ii. A complete application shall include:

(A) Proof of state license for assisted living, senior housing, congregate care, or its equivalent;

(B) A design, residential in character and architecturally compatible with the neighborhood, which adequately screens the use from neighboring lots and complies with Utah Department of Health standards;

(D) A sign plan which includes no more than two square feet of signage for facilities on public streets smaller than collector streets, and monument signs not to exceed thirty-two square feet for facilities on public streets considered collector streets or larger; and

(E) A delivery, traffic and parking plan which adequately mitigates the adverse impacts of increased traffic generation on the neighborhood in which it is located. The parking plan should propose parking appropriate to the proposed use of the facility, which plan may propose parking below the standards listed in Section 17-7-15.8.

c. Neighborhood Commercial Uses. Each application for a neighborhood commercial use shall demonstrate that the proposed use:

i. Is pedestrian oriented and shall primarily serve the neighborhood in which it is located;

ii. Is located on a lot at the intersection of two surface streets, each with a minimum right-of-way width of fifty feet;

iii. Is limited in size to a maximum footprint of one thousand five hundred square feet;

iv. Has a maximum of four on-site parking spaces that shall be located in the rear of the building;

v. Is architecturally compatible with the underlying zone;

vi. Shall operate no earlier than seven a.m. and no later than nine p.m.;

vii. Includes neither outdoor storage nor an outdoor display of merchandise, but may include outdoor dining;

viii. Includes a delivery plan which adequately mitigates its impact on the residential neighborhood in which it is located;

ix. Screens light trespass to adequately mitigate lighting impacts on surrounding uses;

x. Does not require a lot combination or consolidation of existing platted lots; and

xi. Includes the owner’s covenant to comply with the foregoing, which covenant shall run with the conditional use permit.

d. Disabled Care Facility. Each application for a disabled care facility must comply with the following:

i. The structure shall gain access from public streets considered collector streets or larger.

ii. The maximum number of patients shall not exceed sixteen.

iii. The following individuals shall not be permitted in a residential setting:

(A) Persons currently using controlled substances or who are in the process of detoxification;

(B) Persons with a violent or predatory background. This includes those charged or convicted of murder or attempted murder, predatory sexual offenses, assault and battery, robbery, burglary or theft, concealed weapons, and any other crime involving violence or weapons.

iv. A complete application shall include:

(A) Proof of state license for a “residential treatment program” from the Utah Department of Human Services Office of Licensing;

(B) A design, residential in character and architecturally compatible with the neighborhood, which adequately screens the use from neighboring lots;

(D) A covenant stating:

(1) Professional staff will be on site at all times;

(2) A continual and accurate background record of all patients will be kept and made available to the city. Names of patients may be omitted from the record made available to the city for privacy and confidentiality;

(E) An outdoor lighting plan which adequately screens lighting to mitigate its impact on surrounding uses;

(F) A sign plan which may include a monument sign not to exceed thirty-two square feet or a name plate attached to the structure not to exceed two square feet; and

(G) A delivery, traffic and parking plan which adequately mitigates the adverse impacts of increased traffic generation on the neighborhood in which it is located. The parking plan should propose parking appropriate to the proposed use of the facility, which plan may propose parking below the standards listed in Section 17-7-15.8.

a. Accessory Structure (Unoccupied). An unoccupied accessory structure shall meet the following development standards:

i. Proximity. An unoccupied accessory structure must be located at least six feet from the main building.

ii. Setbacks. An unoccupied accessory structure must be located in either the rear or side yard with a five-foot setback, except an accessory structure located at the front yard setback of an adjacent corner lot must be at least fifteen feet from the corner lot line.

iii. Height. An unoccupied accessory structure height may not exceed twenty feet to the midpoint for a sloped roof and sixteen feet to the cornice for a flat roof.

iv. Stories. An unoccupied accessory structure may range from one to one and one-half stories.

v. Building Area. The maximum cumulative area of all unoccupied accessory structures and an EADU is the larger of nine hundred square feet or thirteen percent of the lot area.

vi. Utilities. An unoccupied accessory structure may not have a separate electrical service, gas service, sewer service or water service.

vii. Maintenance. It is the responsibility of the property owner to ensure the setback area between an unoccupied accessory structure and the property line remains free of weeds, junk and debris.

viii. Number of Unoccupied Accessory Structures. Multiple unoccupied accessory structures are permitted on each property so long as each unoccupied accessory structure meets the requirements of this subsection.

b. Swimming Pool. Each application for a swimming pool shall include a fence designed to exclude unattended children.

c. Personal Athletic Facility. Each application for a personal athletic facility shall include a screening plan which effectively screens the use from adjacent residences.

d. Telecommunications Facility. Telecommunications facilities in the State Street overlay zone shall be regulated by Section 17-7-5.8 except as provided herein. This section applies to both commercial and private low-power radio services and facilities, such as “cellular” or “PCS” (personal communications system) communications and paging systems.

e. Fences Greater Than Seven Feet in Height. Each application for a fence greater than seven feet in height must comply with the following:

i. The applicant must demonstrate that a fence greater than seven feet in height is necessary to better promote public health, safety, welfare, and aesthetic quality in the area and the height requested is the minimum necessary to achieve this.

ii. The fence design, i.e., materials, color, features, height, must be compatible with the associated development in terms of theme, architecture and function. All barbed wire or other sharp, pointed, or electrically charged fences are prohibited.

iii. Fences shall comply with all requirements for fences less than or equal to seven feet in height with regard to location and construction. (Ord. 2022-13 § 1 (Att. A); Ord. 2021-19 § 1 (Att. A); Ord. 2016-15 § 1 (Att. A (part)); Ord. 10/6/2009O-19 § 1 (Att. A (part)); Ord. 6/6/2006O-6 § 1 (part))