17-7-4.10 Conditional use standards of review

17-7-4.10 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 Section 17-7-4.7;

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; 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 17-7-4.7.

c. Reserved.

d. 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 five thousand 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 no 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.

e. Multifamily Development. Each application for a multifamily use, which exceeds one acre in total land area, shall include:

i. Pedestrian connections, i.e., sidewalks and trails, which link dwelling units with open space and with existing abutting public trails;

ii. Forty percent of the lot developed as active, improved open space; and

iii. Recreational amenities at a service capacity sufficient to support its occupants, including:

(A) One to Five Acre Projects. Projects of one to five acres in size shall include no less than one thousand square feet of recreational amenities;

(B) Projects in Excess of Five Acres. Projects in excess of five acres in size shall include no less than two thousand square feet of recreational amenities.

f. 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 17-7-4.7.

a. Reserved.

b. Gated Communities. An application for a gated community must demonstrate adequate provision for perpetual access of life safety equipment and personnel. The minimum width of a one-way access is fifteen feet. Proposed gate works must include access technology installed and maintained to the reasonable satisfaction of the fire marshal.

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

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

e. Telecommunications Facility. This subsection applies to both commercial and private low-power radio services and facilities, such as “cellular” or “PCS” (personal communications system) communications and paging systems. Each application for a telecommunications facility shall comply with the following:

i. Wall-Mounted Antenna. Two types of wall-mounted antennas are allowed: stealth-mounted and non-stealth-mounted. Antennas mounted directly on existing parapet walls, penthouses, or mechanical equipment rooms are considered a wall-mounted antenna if no portion of the antenna extends above the roofline of the building or extends no more than four feet horizontally from the face of the building. Whip antennas are not allowed on a wall-mounted antenna structure. Antennas, equipment, and the supporting structures shall be selected to achieve the architectural compatibility with the host structure to which they are attached.

(A) Stealth facilities shall be designed to substantially conceal and camouflage the antennas and associated equipment.

(1) The planning commission shall review and may grant approval for any new antenna(s) that require construction of a new screening wall. New screening wall(s) shall be in harmony with the structure’s mass, architectural features, and overall aesthetics. Architectural and structural renderings, three-dimensional representation, line-of-sight diagrams, photo simulations, and/or building elevations of the proposed modifications may be required to effectively demonstrate the requested changes meeting the intent of this chapter.

(2) Area Limitations for Stealth Wall-Mounted Antennas. The total area for all stealth wall-mounted antennas and supporting structures combined shall not exceed five percent of any exterior wall of the building. Stealth wall-mounted antennas may occupy a maximum of four walls. The total calculated area is the sum of each individual antenna and the visible portion of the supporting structure as viewed when looking directly at the face of the building.

(B) Non-stealth facilities shall only be considered in locations in which adverse visual impacts are not a substantial concern due to the location of the facility, the nature of the surrounding land uses, and is not visible from public vantage points.

(1) Area Limitations for Non-Stealth Wall-Mounted Antennas. The total area for all non-stealth wall-mounted antennas and supporting structures combined shall not exceed forty square feet for each exterior wall of the building or a total of one hundred sixty square feet per building. The total calculated area is the sum of each individual antenna and the visible portion of the supporting structure as viewed when looking directly at the face of the building.

ii. Roof-Mounted Antenna. Two types of roof-mounted antennas are allowed: stealth-mounted and non-stealth-mounted. Antennas, equipment, and the supporting structures shall be selected to achieve the architectural compatibility with the host structure to which they are attached. Roof-mounted antennas are an allowed use only on a flat roof and shall be screened, constructed and painted to match the structure to which they are attached. The planning commission shall review and may grant approval to place roof-mounted stealth antennas on a pitched roof if the antenna(s) are compatible with the existing structure. Roof-mounted antennas may be mounted on existing penthouses or mechanical equipment rooms if the antennas and antenna support structures are enclosed or visually screened from view.

(A) Stealth facilities shall be designed to substantially conceal and camouflage the antennas and associated equipment.

(1) Antennas shall be mounted at least five feet behind any parapet wall or from the exterior wall of the building. The maximum height of an antenna mounted between five and ten feet behind a parapet or exterior wall shall be directly proportional to the setback distance, and may not exceed a height of ten feet above the top of the parapet wall or roof line of the building.

(2) The planning commission shall review and may grant approval for any new antenna(s) that require construction of a new screening wall. New screening wall(s) shall be in harmony with the structure’s mass, architectural features, and overall aesthetics. Architectural and structural renderings, three-dimensional representation, line-of-sight diagrams, photo simulations, and/or building elevations of the proposed modifications may be required to effectively demonstrate the requested changes meeting the intent of this chapter.

(B) Non-stealth facilities shall only be considered in locations in which adverse visual impacts are not a substantial concern due to the location of the facility and the nature of the surrounding land uses.

iii. Power Lines. All power lines on the lot leading to the accessory building and antenna structure of the telecommunications facility shall be installed underground.

iv. Monopole. A conditional use permit for a monopole may be granted in a residential zone district only if the planning commission finds that:

(A) The monopole antenna does not exceed thirty-five feet in height;

(B) Monopole with antennas and antennas support structure does not exceed two feet in width;

(C) The antenna tower will be placed on a parcel, which is not occupied by a residential use, such as a school, church, or other nonresidential use, which is otherwise legally located in that residential zone;

(D) The antenna tower will be located no closer than two hundred feet from the nearest residential structure; and

(E) The monopole will be disguised as, or otherwise integrated with, a light pole or similar utility structure located on the parcel to minimize and mitigate the visual impact of the antenna. Monopoles shall be fenced with a six-foot chain-link fence and the climbing pegs removed from the lower twenty feet of the monopole. In circumstances where the accessory building and fence may be viewable from any public road or public space, the planning commission may require alternative building and fencing materials such as masonry, wrought iron or chain link with colored vinyl coating, depending on the location.

(F) No monopole or lattice tower may be located within one thousand feet of another monopole or lattice tower unless it is for the bona fide public services of a public transit district as defined in Section 17A-2-1001 et seq. of the Utah Code Annotated and as certified by said public transit district.

v. Review Criteria. Each applicant for a telecommunications facility must demonstrate:

(A) Compatibility of the proposed structure with the height and mass of existing adjacent buildings and utility structures;

(B) Whether co-location of the antenna on other existing structures in the same vicinity such as other towers, buildings, utility poles and similar structures is possible without significantly affecting antenna transmission or reception;

(C) The location of the antenna in relation to existing vegetation, topography and buildings to optimize visual screening;

(D) Whether the spacing between monopoles creates detrimental impact upon adjacent properties;

(E) The location of the pole in relation to noteworthy structures, landmarks and pedestrian or automotive transportation view corridors;

(F) Location and zoning compliance of accessory buildings associated with the telecommunications facility;

(G) Monopole. A conditional use permit for a monopole may be granted in a residential zone district only if the planning commission finds that:

(1) The monopole antenna does not exceed thirty-five feet in height;

(2) Monopole with antennas and antennas support structure does not exceed two feet in width;

(3) The antenna tower will be placed on a parcel, which is not occupied by a residential use, such as a school, church, or other nonresidential use, which is otherwise legally located in that residential zone;

(4) The antenna tower will be located no closer than two hundred feet from the nearest residential structure; and

(5) The monopole will be disguised as, or otherwise integrated with, a light pole or similar utility structure located on the parcel to minimize and mitigate the visual impact of the antenna. Monopoles shall be fenced with a six-foot chain-link fence and the climbing pegs removed from the lower twenty feet of the monopole. In circumstances where the accessory building and fence may be viewable from any public road or public space, the planning commission may require alternative building and fencing materials such as masonry, wrought iron or chain link with colored vinyl coating, depending on the location.

(6) No monopole or lattice tower may be located within one thousand feet of another monopole or lattice tower unless it is for the bona fide public services of a public transit district as defined in Section 17A-2-1001 et seq. of the Utah Code Annotated and as certified by said public transit district.

vi. Co-Location. Co-location is both permitted and encouraged if all setbacks, design and landscape requirements are met for each telecommunications facility. The application shall include any existing or approved, but unbuilt, telecommunications facility within the telecommunications area that may meet the needs of the applicant. The documentation supplied shall evaluate the following factors:

(A) Structural capacity of the antenna towers;

(B) Geographic telecommunications area requirements;

(D) Inability or ability to locate equipment on existing antenna towers; and

(E) Any restriction or limitation of the Federal Communications Commission that would preclude the shared use of the antenna tower.

vii. Classification/Installation. Low-power radio services facilities are characterized by the type or location of the antenna structure.

viii. Temporary Antenna for Use During Drive Tests. Telecommunications companies wishing to perform drive tests shall submit notice to the planning department stating the location and the date of the proposed test. Antennas in use for a drive test shall not be left standing for a period of greater than two days. Drive tests shall be limited to testing functions only and shall not be used for telecommunication services to customers. Drive tests on city property require planning department approval and execution of the city’s test-drive agreement.

f. Multifamily Development. Each application for a multifamily use between one-half acre and one acre shall include:

i. Pedestrian connections, i.e., sidewalks and trails, which link dwelling units with open space and with existing abutting public trails;

ii. Forty percent of the lot developed as active, improved open space; and

iii. Recreational amenities at a service capacity sufficient to support its occupants, including no less than five hundred square feet of recreational amenities.

g. Private Kennel. Each application for a private kennel shall include:

i. Proof of current vaccination for all animals;

ii. Proof of current pet licenses with the city for those animals required to be licensed;

iii. If dogs, a site plan indicating the area in which they are kept is surrounded by a six-foot high fence;

iv. No validated complaints or violations concerning animals (unlicensed pets, excessive noise, bites, stray) have been recorded against the applicant by the city. (Ord. 2024-04 § 1 (Att. A); Ord. 2022-13 § 1 (Att. A); Ord. 2021-19 § 1 (Att. A); Ord. 2016-01 § 1 (Att. A (part)); Ord. 5/07/2002A § 1 (part); Ord. 3-19-2002A § 1(4) (part); Ord. 2-5-2002 § 1 (part); Ord. 11-13-2001 § 2 (part))