Article 2 Conditional Use Provisions

Pre-Application Meeting – The purpose of the pre-application conference is to provide an opportunity for the applicant to present a basic sketch of what is being proposed for the site prior to formal application. The meeting is to be scheduled by the applicant with the Planning Division staff. This meeting will provide a chance to discuss the process, site development standards (setbacks, landscaping, parking, fencing, etc.) and other aspects of the project in a less formal setting, along with identifying major concerns prior to formal application.

Formal Application – Application for a conditional use permit shall be made to the Planning Commission at the Springville Community Development Department. The applicant shall prepare and submit a completed application form, payment of review fees, along with the information and required number of copies outlined in Article 4 of this Chapter for site plan approval. All the information required for application shall be provided prior to scheduling the item for the Planning Commission agenda.

Each application for, and instance of, a conditional use shall be considered a unique situation and shall not be construed as precedent for similar requests.

Development Review Committee Review – The Development Review Committee shall review all applications to determine conformance with all applicable City ordinances and standards. If the site plan is determined to meet City ordinances and standards, the DRC will forward the submission to the Planning Commission. Otherwise, the application will be returned to the applicant for appropriate modification. The application should not proceed to the Planning Commission if it does not meet the requirements of the City Code and other applicable standards, along with the requirements of other reviewing agencies. The DRC may forward applications to the Planning Commission subject to variances, waivers, modifications or amendments being proposed by the applicant. During the meeting the applicant will be given the opportunity to make presentations, ask questions and propose alternative conditions for consideration.

§ 11-7-204 General Criteria for Consideration of a Conditional Use Permit.

Notice – Notice of a public hearing to be held by the Planning Commission to consider the conditional use permit shall be given at least ten (10) days before the date of the hearing in accordance with the Utah State Code. Additionally, at least seven (7) days prior to the Planning Commission meeting during which the conditional use permit will be considered, the Planning Division may post a sign on each frontage of the subject property stating the proposed use, along with the date, time and location of the meeting during which the conditional use permit will be considered.

(5)

Planning Commission Review and Action – The Planning Commission shall review relevant portions of the completed application, along with comments from the DRC and the Planning Staff report. After review of the item, the Planning Commission may approve, conditionally approve or deny the proposed conditional use permit application.

(Ord. No. 05-2010, 04/20/2010; Ord. No. 21-2017 § 1, 09/19/2017)

Conditional use applications shall be reviewed in accordance with the following general criteria:

Detrimental to Persons or Property – The proposed use will not, under the circumstances of the particular case and the conditions imposed, be detrimental to the health, safety and general welfare of persons, nor injurious to property and improvements in the community, existing surrounding uses, buildings and structures. In determining the effects to persons or property, the Commission may impose the following conditions:

Regulation of nuisance factors such as noise, vibrations, smoke, dust, dirt, odors, gases, noxious matter, heat, glare, electromagnetic disturbances and radiation;

Water supply and fire protection;

Impact on surrounding areas resulting from an unusual volume or character of traffic.

Use Compatibility – The proposed use at the particular location is compatible with the character of the site, adjacent properties, surrounding neighborhoods and other existing development. In determining the compatibility of the use with the surrounding area, the Planning Commission may impose the following:

Regulation of operating hours for activities affecting normal neighborhood schedules and functions.

Provisions for adequate public services to meet the needs caused by the use, e.g., child care services, social services, etc.

Parking facilities, including vehicular ingress and egress and the surfacing of parking areas and driveways to specified standards.

Regulation of light and noise.

Design Compatibility – The proposed site and building plan at the particular location is compatible with the character of the site, adjacent properties, surrounding neighborhoods and other existing development. In determining the compatibility of the site and building plan with the surrounding area, the Planning Commission may consider, among other things, landscaping, screening, parking location, and building design (e.g., mass, height, site work needed to place the building on the lot, building materials, color and site design in relation to emission of odors, light and noise).

General Compatibility – The proposed use at the particular location is compatible with the intent, function and policies established in the general plan, this Title and the particular zoning district in which the use is proposed.

§ 11-7-205 Specific Criteria for Consideration of a Conditional Use Permit.

Compliance with Regulations – The proposed use will comply with the regulations and conditions specified in this Title for such use.

Rehabilitation/Treatment Facility – Rehabilitation/treatment facilities in the BP and HC Zones must meet conditions that include, but that are not limited to, the following:

Appropriate licensure from the State of Utah must be established and maintained in accordance with operating such facility.

When allowed, rehabilitation/treatment facilities shall not be established or maintained within five hundred feet (500'), measured in a straight line between the closest property lines of the lots or parcels, of any residential zone.

In all zones where allowed, no rehabilitation/treatment facility shall be established or maintained within two (2) miles, measured in a straight line between the closest property lines of the lots or parcels, of any other rehabilitation/treatment facility or similar facility.

Supervision of patients in the facility by a trained professional must be maintained on a constant and continuous basis (twenty-four (24) hours every day).

(e)

A minimum of twenty-five percent (25%) of the entire lot coverage must be landscaped.

Recreational/Fitness Facility, Indoor Private – Indoor private recreational/fitness facilities in the NC Zone must meet conditions that include, but that are not limited to, the following:

Facilities shall have a floor area (including all areas) no more than five thousand (5,000) square feet.

Noise and music from the facility shall not be audible when off the parcel between 7:00 p.m. and 7:00 a.m.

Facilities open twenty-four (24) hours a day must obtain written approval of security plans approved by the Springville Public Safety Department.

Outdoor recreational facilities in the BP Business Park Zone shall be limited to those uses that require limited modification to the existing environment and contribute to an attractive campus environment.

All landscaping requirements of Springville City Code shall be required.

Playing fields need to be set back thirty feet (30') from the property boundaries.

Public Agency Owned Senior Housing – Public agency owned senior housing in the VC, TC, NC, and CC Zones must meet conditions that include, but that are not limited to, the following:

When allowed, public agency owned senior housing projects shall not be established or maintained within one-half (1/2) mile from any other public agency owned senior housing project, as measured from the nearest property line;

Must be located within one-eighth (1/8) mile from an existing bus or transit line as measured from the nearest property line;

Must be located within one-half (1/2) mile of a pharmacy, grocery or convenience store, as measured from the nearest property line;

In all nonresidential zones, the minimum area for a lot shall be ten thousand (10,000) square feet for the first two (2) units and an additional one thousand five hundred (1,500) square feet for each unit over two (2). Public agency owned senior housing that is permitted in residential zones shall follow the RMF-1 or RMF-2 standards;

(e)

In all nonresidential zones, that portion of the first floor fronting on a public street must be limited to commercial uses;

(f)

In all nonresidential zones, all residential units must be above or behind the commercial use space fronting the public street; however, up to ten percent (10%) of the main floor elevation facing a public street may be associated with the residential use.

(5)

Dwelling – single- or multiple-family above first floor (mixed use) (when parking is located to the side or rear of the building) in the PO, TC and CC zones shall comply with the following standards:

Permitted Ground Floor Uses.

Commercial – Required at all ground floors except as permitted in this section;

Residential – Ground floor residential uses are permitted only in the CC Zone when fronting on 700 South and located at least one hundred feet (100') away from the nearest right-of-way line of 1200 West. Ground floor residential uses shall not be permitted in the PO or TC Zones unless permitted by a different section.

Any development including buildings with ground floor residential shall meet the following requirements:

Ground floor residential is only permitted as an element of a development containing at least one (1) other building of equal or greater size with ground floor commercial;

Construction of the building with ground floor commercial must commence prior to any permit being issued for the ground floor residential building;

All buildings within the development must adhere to the conditional use standards in this Section, regardless of any prior approval.

Building Height.

Buildings with a residential component shall be no more than three (3) stories above ground, including the main floor nonresidential portion.

The minimum clear floor to ceiling height of each building story shall be as follows:

Ground floors:

Commercial: fourteen feet (14');

Residential: ten feet (10').

Upper floors:

Nine feet (9').

Materials.

The material palette should provide variety, reinforce massing and changes in the horizontal or vertical plane.

The following materials are not permitted:

Any material not intended or designed as an architectural finish product;

Vinyl or aluminum siding;

Plastic panels, including high-density polyethylene, polyvinyl chloride (PVC), polycarbonate or acrylic;

Fiberglass panels;

(E)

Unfinished or untreated wood; and

(F)

Artificial or cultured stone such as faux cobble, ashlar or stacked stone.

This prohibition does not include GFRC, other architectural cast concrete materials, terra cotta or similar materials.

Material Use.

At least fifty percent (50%) of the net facade areas of each elevation shall be in brick or stone with the remainder in architectural metal cladding, wood, fiber cement siding, terra cotta, GFRC or other architectural cast concrete. Other materials (excepting materials prohibited in this section) may be used as accent materials, but shall not consist of greater than ten percent (10%) of any facade elevation.

Brickwork must include one (1) element of bonds or courses differing from the primary application on the building (i.e., the stretcher course is the most typically used and a soldier, sailor, header, shiner, rowlock, or other coursing should be included as part of the overall brick application).

Stucco or exterior insulated finish system (EIFS) is limited to ten percent (10%) of facade area calculated for each facade independently. These materials may not be used on the ground floor of any street facing facade.

Common or party walls directly abutting an adjacent building wall shall not be subject to these limitations.

Any interior facade without direct visual exposure to a street shall not be subject to these limitations.

Buildings with Main Street frontage shall reflect the historic Main Street style by incorporating brick and glass as primary materials, with other complementary materials used as trim and detail.

Building Location.

Developments with Main Street frontage shall locate the primary structure, or at least one (1) primary structure where multiple structures are proposed, on Main Street. For structures located on Main Street, the primary building entrance shall face the Main Street right-of-way, and shall not be set back more than fifteen feet (15') from the front property line.

All other buildings shall not be set back more than twenty feet (20') from the front property line.

(e)

Facade Variation. For new development, no two (2) multifamily buildings may possess the same street-facing elevation on a block face. No two (2) facades may be the same as an adjacent or opposite building facade. This standard is met when the street facing elevations differ from another front facade by at least four (4) of the following criteria, and shall not eliminate any other requirements of the code or this Chapter:

Articulation;

Differing mix of building materials;

Variation in roof elevation;

Entry/porch (variation in placement and configuration of porches, stoops, covering);

(v)

Fenestration (variation in the arrangement and detailing of windows and other openings);

(vi)

Architectural style (variation in style; e.g., Craftsman, Prairie, Four Square, Colonial, Tudor, etc.);

(vii)

Variation of building height and stories; or

(viii)

Color variation.

(f)

Articulation.

The vertical mass of buildings shall be broken up through the use of architectural features such as cornices, pediments, belt-courses, canopies, awnings, covered porches, or other features.

Roofs must provide offsets or breaks proportionate to the roof form. Dormers, cross gables, porch canopies, and other secondary roof forms are examples of acceptable breaks in roofline on sloped roofs. Where flat roofs are allowed, stepped parapets or cornices proportionate to the building elevation are required. Such variation shall occur over at least twenty percent (20%) of all front or street-facing elevations.

Building elevations facing a public street shall include projections, recesses, balconies, arcades and/or other distinctive features that provide relief to the facade at least every thirty (30') linear feet of frontage;

(g)

General Standards.

Windows and Balconies.

Window and door openings shall make up twenty percent (20%) of any front facade facing the street;

All windows and doors, with the exception of ground level storefronts, shall be square or vertical in proportion;

Ganged or mulled windows shall have a structurally independent mullion separating each individual window;

Curtain wall systems may be utilized with or without exterior mullion covers;

(E)

Minor divisions created by muntins, or individual windows in window groups, that are horizontal in proportion may be permitted as long as the complete window or window group remains square or vertical in proportion;

(F)

Windows shall not be flush with exterior walls. All windows shall be recessed to at least the depth of adjacent cladding, or treated with a trim. Such treatments shall be applied on all window edges and sides;

(G)

Flange nailed windows with elements that project in front of the facade plane are not permitted;

(H)

Doors and windows that operate as horizontal sliders are prohibited on street facing facades except on balconies where the use of sliding doors may provide for better utilization of floor space. Permissible window operation types include single and double-hung, casement, awning and pivot; and

(I)

Opaque, painted, and mirrored glass windows are prohibited. Lightly tinted glazing in neutral colors above the first floor may be permitted.

(J)

Balconies shall meet the following requirements:

The design of balconies and associated railings shall be integrated into the overall building design.

Balconies may be inset into the building or may project into the street right-of-way a maximum of five feet (5') so long as ten feet (10') of vertical clearance is provided between the sidewalk and the balcony and the required ground floor height is maintained.

Drainage from balconies projecting over the public right-of-way shall be captured and directed into the building's storm water collection system.

Storage on balconies is limited to items such as tables, chairs, barbecue grills, and similar outdoor furniture. All new projects with residential units shall be required, as a condition of approval, to include language in their rental contracts or CC&Rs that restricts storage on balconies to acceptable items.

Pedestrian Building Entrances.

Pedestrian building entrances shall:

Meet the spatial requirements set forth in Table 11-7-205(5)a, Pedestrian Building Entrance (PBE) Requirements;

Contain a door providing direct pedestrian access into a building;

Directly access an interior and enclosed commercial tenant space, public lobby, or residential unit;

Be directly accessible from and directly adjacent to the sidewalk; and

(5)

Prevent doors from swinging into the public right-of-way or beyond the front facade line of the building when opened.

Fire exit doors, doors to fire riser rooms or other mechanical spaces, and doors to exterior courtyards shall not qualify as pedestrian building entrances.

Table 11-7-205(5)a Pedestrian Building Entrance (PBE) Requirements
	Frontage Type
	Commercial		Residential
	Main Street	Other Street
PBEs Required for Each Street-Facing Facade	1 per 35 feet (1 min.)	1 per 50 feet (1 min.)	1 per street-fronting ground floor unit. Only one PBE is required for corner units.
Maximum Spacing	55 feet	75 feet

Parking.

Parking for all dwellings shall be located to the rear or side of the principal building and may be accessed from a carriageway or driveway.

Locate parking, loading and vehicular circulation to minimize its visibility from the public right-of-way.

Except for the minimum ground-level frontage required for access to parking and loading, no parking or loading shall be visible on the ground floor of any building facade that faces a public right-of-way.

Curb cuts and parking/loading entries into buildings shall be limited to the minimum number required and the minimum width permitted by city code.

(E)

Vehicular access shall be from an alley or at mid-block.

(F)

Vehicular access is not permitted from Main Street

(G)

Parking and loading access shall be shared where feasible.

(H)

Provide pedestrian access from rear parking to street front business entrances.

Site Design.

Mechanical and other utility equipment shall not be located on street facing facades, balconies, or in yards located between the public right-of-way and the building.

Mediate between public and private space on residential frontages. This requirement may be met with the following strategies.

Use foundation plantings to provide separation between residential units and the sidewalk.

Design porches, stoops and railings to provide intermediate semi-private spaces.

§ 11-7-207 Appeal to and Review by the Board of Adjustment.

Employ elevation changes using stairs, patios, and stoops, to delineate the progression from public space (sidewalks, plazas) through semi-private space (porches, stoops), into interior private space.

(h)

Town Center Zone Mixed Use. Residential development within the Town Center shall promote the historical character of the City generally.

(Adopted by Ord. No. 36-2007, 11/13/2007; Ord. No. 38-2007, 12/04/2007; Ord. No. 06-2008, 03/18/2008; Ord. No. 05-2010, 04/20/2010; Ord. No. 01-2018 § 2, 05/01/2018; Ord. No. 11-2020 § 2 (Exh. A), 05/19/2020)

§ 11-7-206 Determination.

The Planning Commission may approve or deny a conditional use permit within any zone in which the particular use is listed as a conditional use. In approving any conditional use permit, the Planning Commission shall define and justify the requirements and conditions necessary for the protection of adjacent properties and the public welfare.

Effective Date of Planning Commission Decision – The decision of the Planning Commission shall not become final and effective until ten (10) days after a final decision has been made by the Planning Commission. The decision of the Planning Commission shall not become final if an aggrieved person files proper notice of appeal to the Board of Adjustment prior to the expiration of the ten (10) day period following the Planning Commission's final decision.

Board of Adjustment Review – The Board of Adjustment shall hear and decide appeals where it is alleged there is an error in any requirement, decision or determination made by the Planning Commission. Information shall be provided by the petitioner to the Board of Adjustment which explains those errors in the requirement or decision which the appellant feels were made by the Planning Commission.

§ 11-7-208 Building Permit.

Upon receipt of a conditional use permit, the applicant shall take such permit to the Community Development Director who will review the permit and conditions attached. Based on this review and compliance with those conditions, and any conditions which might develop based on the Building Official's review of the project, the Building Official may approve an application for a building permit. The Community Development Director shall ensure that the development is undertaken and completed in compliance with the conditions of the conditional use permit prior to issuance of a certificate of occupancy.

§ 11-7-209 Expiration.

Substantial Action – Unless there is substantial action occurring within one (1) year after issuance of the conditional use permit, as determined by the Planning Commission, the permit shall expire. The Planning Commission may grant a maximum extension of six (6) months under exceptional circumstances. For purposes of determining substantial action, the Commission shall consider whether or not the use has commenced operating on the site or construction on the site has begun.