Chapter 18.195 CONDITIONAL USE PERMIT [1]

Required. A conditional use permit shall be required for all uses listed as a conditional use in the zone regulations. A conditional use permit may be revoked upon failure to comply with conditions precedent of the original approval of the permit or failure to comply with the city code.

Application. Application for a conditional use permit shall be made by the property owner or his duly authorized agent to the planning department.

Accompanying Data.

Applications for conditional uses in new or expanded structures and sites shall be accompanied by:

A site plan application and supporting materials; and

(ii)

A description of the use; and

(iii)

The planning director may require additional information to be presented on the project plan so long as the information is reasonably necessary to determine whether the proposed conditional use complies with city ordinances, regulations, and standards.

Applications for conditional uses in existing structure and sites shall be accompanied by:

A project plan which represents existing building siting, parking, vehicular circulation, landscaping, lighting, fencing, trash enclosures, signage, and storm drainage, and any site changes necessary for the new use.

(ii)

Granting of a Permit. In considering an application for a conditional use permit, the land use authority may deny a permit or may grant a permit subject to the requirements of this chapter. The granting of a conditional use permit shall not exempt the applicant from other relevant provisions of this chapter, other ordinances, regulations, or standards of the city, or the Utah Code.

(5)

Fee. The application for any conditional use permit shall be accompanied by a fee set by resolution of the city council, and applicants shall pay the cost to post and mail public hearing notices.

(Ord. 16-31 § 1 (Exh. A))

§ 18.195.030 Approval process.

The approval process for a conditional use permit shall be as follows:

Conditional Use Permit for a Use in a New or Expanded Structure or Site.

Upon receipt of a completed application and subsequent review for application completeness by the planning department, the planning department shall place the conditional use application and related site plan application on the next available planning commission agenda for a public hearing. The planning commission is the land use authority, and shall review each application and approve, approve with conditions, or deny the application, or the planning commission may defer action if an applicant fails to appear at the public hearing or meeting or there is insufficient application information provided.

Conditional Use Permit for a Use in an Existing Structure or Site.

Upon receipt of a completed application and subsequent review for application completeness by the planning department, the planning director shall review the application for compliance with the standards in this title.

If the application does not include external changes to the site, the planning director shall be the land use authority and shall approve, approve with conditions, or deny the application, or may defer action if there is insufficient application information provided. The planning director may also, at his discretion, refer a conditional use permit to the planning commission for public hearing if it is determined that significant impacts to the site and surrounding areas may exist.

If the application includes external changes to the site, a site plan amendment shall be required, the conditional use permit shall follow the same process as the related site plan, and the land use authority for the site plan shall become the land use authority for the conditional use permit.

(Ord. 16-31 § 1 (Exh. A))

§ 18.195.040 Determination.

The land use authority may only permit a conditional use to be located within zone where the particular conditional use is listed as a conditional use by the use regulations of this title.

A conditional use shall be approved if reasonable conditions are proposed, or can be imposed, to mitigate the reasonably anticipated detrimental effects of the proposed use in accordance with the standards contained in this chapter.

§ 18.195.050 General standards and considerations governing conditional uses.

If the reasonably anticipated detrimental effects of a proposed conditional use cannot be substantially mitigated by the proposal or the imposition of reasonable conditions to achieve compliance with the standards contained in this chapter, the conditional use may be denied.

(Ord. 16-31 § 1 (Exh. A))

In reviewing an application for a conditional use permit, the following considerations and standards shall be applied:

The siting of the structure or use, and in particular:

The adequacy of the site to accommodate the proposed use or building and all related activities;

The location and possible screening of all outdoor activities;

The relation of the proposed building or use to any adjoining building with particular attention to protection of light, air, and peace and quiet;

The location and character of any display of goods and services; and

The size, nature, and lighting of any signs;

Traffic circulation and parking, and in particular:

The type of street serving the proposed use in relation to the amount of traffic expected to be generated;

The adequacy, convenience, and safety of provisions for vehicular access and parking, including the location of driveway entrance and exits; and

The amount, timing, and nature of traffic generated by the proposed conditional use;

The compatibility of the proposed conditional use with its environment, and in particular:

The number of customers or users and the suitability of the resulting activity level to the surrounding uses;

Hours of operation;

Adequacy of provisions for the control of any off-site effects such as noise, dust, odors, light, or glare, etc.;

Adequacy of provisions for protection of the public against any special hazards arising from the intended use;

The expected duration of the proposed building, whether temporary or permanent, and the setting of time limits when appropriate; and

The degree to which the location of the particular use in the particular location can be considered a matter of public convenience and necessity;

The conditional use shall meet the following standards, as determined by the land use authority:

The use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity;

The use will be consistent with the intent of the land use ordinance and comply with the regulations and conditions specified in the land use ordinance for such use;

The use will be consistent with the character and purposes stated for the land use zone involved and with the adopted land use element of the general plan;

The use will not result in a situation which is cost ineffective, administratively infeasible, or unduly difficult to provide essential services by the city, including roads and access for emergency vehicles and residents, fire protection, police protection, schools and busing, water, sewer, storm drainage, and garbage removal; and

(5)

When necessary, the land use authority may attach conditions to ensure compatibility with the surrounding area and to mitigate harmful effects. Such conditions may include the following:

Additional parking;

Water, sewer, and garbage facilities;

Fencing and/or landscape screening to protect neighboring properties;

Requirements for the management and maintenance of the facilities;

Changes in layout or location of uses on the lot; and

§ 18.195.060 Special standards and considerations governing particular uses.

Any other condition the land use authority finds necessary to reasonably ensure that the proposed conditional use will comply with the standards noted above.

(6)

The land use authority shall make its decision based upon the facts presented for the record; expressions of support or protest alone shall not constitute the basis of approval or denial.

(Ord. 16-31 § 1 (Exh. A))

In addition to the general standards and considerations set forth in RCC § 18.195.050, the following special standards shall be considered in relation to an application for a conditional use permit for any of the following uses:

Automobile Refueling Stations and Car Wash Operations. As conditional uses, automobile refueling stations and car wash (self-serve) operations may be permitted under the following conditions:

The proposed location of the conditional use is in accord with the land use ordinance and land use zone in which the site is located.

The use does not break up contiguity for pedestrians of retail store frontage.

The use will not create a nuisance to residences and other surrounding uses that cannot be mitigated.

The use will not cause traffic hazards or undue traffic congestion.

Automobile refueling stations or car wash operations with gasoline, diesel, or natural gas pumps shall have buildings of the type of construction as required in applicable zoning codes, and are to be located at a distance of not less than 25 feet from property or setback lines as defined in the underlying zone, whichever is greater.

Gasoline pumps and pump islands for car wash operations or automobile refueling stations shall have a canopy and the setback, measured from the edge of the canopy, shall be not less than 25 feet from any property lines or shall be in conformity with the building setback lines of the zone, whichever is greater.

(g)

Driveway design and spacing for automobile refueling stations or car wash operations shall be reviewed by the city engineer, whose recommendation will be forwarded to the planning commission.

(h)

The minimum closest distance from the automobile refueling stations or car wash with gas pumps site to an existing school, park, playground, museum, or place of public assembly shall not be less than 500 feet.

No outdoor storage of rental trucks or trailers, stacks of tires, or other merchandise will be provided by the automobile refueling stations or car wash operation.

Nonresidential Group Day Care and Preschool Center Special Conditions. Development or operation of a group day care or preschool center must be approved in advance by the land use authority and must be found to conform to the following conditions:

It must be compatible with existing and proposed land uses in the vicinity;

It must receive the approval of the Utah Department of Health;

It must provide off-street parking spaces on the site meeting the same requirements as commercial uses and an adequate pickup and delivery area;

New construction must be compatible in design and scale of building with existing development in the area; and

The site must have frontage on a street with an existing or proposed right-of-way of 66 feet, or greater, as identified on the transportation element of the general plan.

Private or Quasi-Public School. Conditional use approval of private or quasi-public schools shall only be given based on the following conditions and considerations:

If the private or quasi-public school includes boarding facilities, the city may impose such limitations as the city believes to be in the public interest relating to the sex, age, and number of students that may be boarded or otherwise participate in the schooling and other services provided by the school. The city may also impose student-to-staff ratio requirements for the school.

The number of students allowed to attend or to be boarded at a private or quasi-public school shall be determined based, in part, on the size of the parcel of property on which the school is to be located.

The minimum property required for any private or quasi-public school shall be one acre. More acreage may be required for larger facilities as determined by the city.

Private or quasi-public schools shall only be allowed by conditional use permit in residential zones where adjacent to a collector or arterial roadway, as designated in the Riverton City master transportation plan. This does not include roadways designated as "minor collector" streets.

The city may further restrict the location of private or quasi-public schools in the interest of the community. Such restrictions shall include not allowing private or quasi-public schools to be located in close proximity to similar schools and facilities or to facilities, improvements, or developments that may be impacted by such schools or that may create potential risks or problems for the schools or area residents. Potential impacts such as traffic, noise, parking, emergency response, stormwater, etc., shall be identified during the conditional use permit review process and mitigation identified and proposed. Private or quasi-public schools shall not be allowed on local or private streets.

Private Sports Facilities and Parks. Conditional use approval shall be given based on compliance with all other standards in this chapter, and upon compliance with the following conditions and considerations:

Properties larger than one acre shall provide at least two points of access.

Properties smaller than one acre may be required to provide two points of access depending on the use and the anticipated level of traffic.

Temporary structures of any kind shall not exceed 35 feet in height, and shall not be allowed on the property for more than 72 hours.

Permanent restroom facilities shall be provided.

Equal treatment shall be given to all areas of the property with respect to landscaping, fencing, and amenities.

Field and other site lighting shall be designed to minimize impact to surrounding properties, and may be prohibited if effective mitigation is not possible.

(g)

This section does not include open space required as part of a multifamily development or gated community.

(Ord. 16-31 § 1 (Exh. A); Ord. 24-13 § 1 (Exh. A))

§ 18.195.070 Optional conditions.

Applicants for conditional use permits shall meet all applicable requirements of this title. In addition, the land use authority may establish conditions as outlined herein to meet the concerns of safety for persons and property, health and sanitation, environment, master plan proposals, and neighborhood needs, performance, and administration. More specifically, the land use authority may require:

Conditions Relating to Safety of Persons and Property.

The relocation, covering, or fencing of irrigation ditches, drainage channels, and other potential attractive nuisances existing on or adjacent to the property.

Increased setback distances from lot lines where the planning commission determines it to be necessary to ensure the public safety and to ensure compatibility with the intended characteristics of the zone as outlined in applicable land use ordinances.

Limitations and control of the number, location, color, size, height, lighting, and landscaping of outdoor advertising signs and structures in relation to the creation of traffic hazards and appearance and harmony with adjacent development.

Plans for the location, arrangement, and dimensions of truck loading and unloading facilities.

Fencing as may be required to insure safety and security on and off the site.

Conditions Relating to Health and Sanitation.

A guarantee of sufficient culinary water to serve the intended land use and a water delivery system meeting standards adopted by the city.

A wastewater disposal system and a solid waste disposal system meeting standards adopted by the land use authority.

Construction of water mains, sewer mains, and drainage facilities serving the proposed use, in sizes necessary to protect existing utility users in the vicinity and to provide for an orderly development of land.

Conditions Relating to Environmental Concerns.

Limitations and restrictions on the use and location of uses in sensitive lands.

Processes for: the control, elimination, or prevention of land, water, or air pollution; the prevention of soil erosion; and control of objectionable odors and noise.

The planting of ground cover or other surfacing to prevent dust and erosion.

Restructuring of the land and planting of the same as directed by the planning commission when the conditional use involves cutting or filling the land, and where such land would be adversely affected if not restructured.

Conditions Relating to Compliance with the Intent of the General Plan and Land Use Ordinances and Characteristics of the Vicinity or Neighborhood.

The removal of structures, debris, or plant materials incompatible with the intended characteristics of the zone outlined in this title.

The screening of yards or other areas as protection from incompatible land uses and activities.

Landscaping to ensure compatibility with the intended characteristics of the zone as outlined in this title.

Limitations or controls on the location, heights, and materials of walls, fences, hedges, and screen plantings to ensure harmony with adjacent development, or to conceal storage areas, utility installations, or unsightly development.

The relocation of proposed or existing structures as necessary to provide for future streets on the transportation master plan of Riverton City, adequate sight distance for general safety, groundwater control, or similar problems.