In addition to the foregoing, the planning commission must evaluate the applicant's compliance with each of the following criteria when considering whether to approve, deny or conditionally approve an application for each of the following conditional uses:
A. Childcare Center/Home Daycare:
1. Proof of application for state childcare license;
2. Compliance with state, federal and local law;
3. A design that does not include a front yard playground unless it is properly mitigated;
4. A parking and traffic plan that adequately mitigates the adverse impacts of increased traffic in the neighborhood (if a childcare center).
B. Preschool Facilities In Residential Zones: Each application for a preschool facility must include and comply with the following standards:
1. There shall be one instructor for every eight (8) children within the mixed age range of three (3), four (4) and five (5) years old, a maximum of sixteen (16) children;
2. The play yard shall not be located in the front yard and shall only be used between eight o'clock (8:00) A.M. and eight o'clock (8:00) P.M.;
3. The lot shall contain one available on site parking space not required for use of the dwelling and one additional parking space for each employee that does not reside in the home. The spaces shall be located in such a way as to ensure the parking is functional and does not change the residential character of the lot;
4. No signs shall be allowed on the dwelling or lot except a nameplate sign;
5. The preschool operator shall comply with all applicable licensing regulations adopted in the city of Green River business licensing code and shall comply with all local, state and federal regulations; and
6. Upon complaint that any of the requirements of this section or any other city ordinance are being violated by a preschool caregiver, the city shall review the complaint and if substantiated a hearing may be set before the planning commission to revoke the use permit.
C. Intermittent Commercial Uses: The occasional use of dwellings, community buildings, private clubs, lodges, social or recreational establishments and/or their accessory buildings for commercial purposes may be allowed upon receiving a conditional use permit and provided the provisions of this subsection are complied with. The following standards shall apply to all intermittent commercial uses in addition to any conditions the city council deems necessary and desirable to protect the public health, safety and general welfare.
1. The display and sales of merchandise should be contained primarily within a building.
2. The building proposed for the intermittent commercial use must comply with setback and clear vision area requirements of this title and with applicable building and fire codes.
3. A business license from the city is required to conduct an intermittent commercial use, not to exceed thirty (30) consecutive days.
4. Adequate parking is provided to serve the commercial use that does not create a parking shortage for other existing uses on site.
5. The use does not cause noise, light, or glare which adversely impacts surrounding uses.
D. Home Occupation: Each application for a business license for a home occupation shall include the applicant's agreement that the proposed home occupation use:
1. Is a conditional use in all zoning districts;
2. Shall be conducted entirely within a dwelling, accessory building or garage and shall be carried on in the building only by members of the residing family;
3. Does not involve the use of yard space for storage or activities;
4. No commercial vehicles are used except one delivery truck with a single rear axle;
5. The home occupation is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character of the building from that of a dwelling;
6. Signs are limited to one nonilluminated accessory sign not larger in area than three (3) square feet;
7. The owner of the home occupation shall purchase a business license to operate within the city limits;
8. Shall not cause a demand for municipal services in excess of that associated with normal residential use;
9. Shall be enclosed within a structure in complete conformity with international building codes as adopted by the city;
10. The physical appearance, traffic, and other activities in connection with the home occupation shall not be contrary to the intent of the zone in which the home occupation is located and will not depreciate surrounding values or decrease the quality of life within the area;
11. All parking associated with the business or residence shall be contained on the property.
E. Small Neighborhood Commercial Occupations: An application for such use may be approved in specific zones upon finding that the proposed use complies with all the following standards:
1. Shall be conducted entirely within a dwelling, accessory building or garage;
2. All on site materials used in the conduct of the small neighborhood commercial occupation shall be stored within said dwelling, accessory building or garage;
3. The on site activities of said small neighborhood commercial occupation shall be conducted only by members of the residing family and a maximum of two (2) employees;
4. The small neighborhood commercial occupation shall contain no facilities for the display of goods or services. Any sale of goods and services shall constitute a clearly incidental part of the operation of the small neighborhood commercial occupation;
5. No commercial vehicles shall be used except one delivery truck with a single rear axle;
6. The small neighborhood commercial occupation and the activities conducted as a part thereof shall be clearly incidental and secondary to the use of the property for dwelling purposes and will not have the effect of altering the character of the area from that of a residential neighborhood;
7. The activities of the small neighborhood commercial occupation shall not involve the use of combustible or toxic material which would pose an increased hazard to the area, nor shall the activities produce noise, smoke, glare, odor, dust, flashing light and similar conditions which would decrease the residential quality of the neighborhood;
8. Signs shall be limited to one attached, nonilluminated identification sign, not larger than three (3) square feet in surface area, which does not specify the goods or services provided by the occupation;
9. The owner of the small neighborhood commercial occupation shall purchase a business license to operate within the city limits;
10. The physical appearance, traffic, and other activities in connection with the small neighborhood commercial occupation shall not be contrary to the intent of the zone in which the small neighborhood commercial occupation is located and will not depreciate surrounding property values or decrease the quality of life within the area;
11. A site plan drawn to scale showing the location of the structure, its relationship to dwellings on the same and adjacent properties, and provisions for safe vehicular access and adequate off street parking shall be submitted with the application; and
12. All parking associated with the use or residence shall be contained on the property.
F. Adult Oriented Businesses: The purpose and objective of this subsection is to establish reasonable and uniform regulations to prevent the concentration of adult oriented businesses or their location in areas deleterious to the health, safety and welfare of the city, and to prevent inappropriate exposure of such businesses to the community. This subsection regulates the time, place, and manner of the operation of sexually oriented businesses, consistent with the United States and Utah state constitutions.
1. No adult oriented business may be located within one thousand feet (1,000') of any:
a. School, daycare facility, cemetery, public park, library, or religious institution;
b. Residential zoning boundary;
c. Liquor store, bar or tavern;
d. Other adult oriented business.
2. For the purposes of this subsection, distance is measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which the adult oriented business is located and:
a. The closest exterior wall of another adult oriented business;
b. The closest property line of any school, daycare facility, public park, library, cemetery or religious institution;
c. The nearest property line of any residential zone; and
d. The closest exterior wall of a liquor store, bar or tavern.
G. Private And Quasi-Public Utility Buildings And Structures: Private and quasi-public utility buildings or structures incidental to the provision of water, sewer, electric power, or other utilities may be constructed in all residential zones as conditional uses.
H. Moving Buildings: Since moved buildings have often been constructed in a time period prior to the adoption of a building code, and are frequently left in an unsafe and unattractive condition, extra precautions shall be taken to ensure that the buildings meet current building standards and that the appearance of the premises is in keeping with buildings in the surrounding area.
No conventional dwelling, modular or manufactured home or other structure intended for human occupancy, which has had prior use, shall be moved from one site within the city to another site within the city or from a site outside of the city to a site within the city without a preinspection being made by the building official and a permit issued therefor.
The moving of any residential, commercial, or industrial building within the city, which has had prior use, shall be subject to approval of a moved building permit application by both the building inspector and the zoning administrator. In addition to conventionally constructed buildings, the requirements of this provision shall apply to the moving of demountable homes, manufactured homes, and similar movable structures.
Before granting approval of the application, the zoning administrator shall apply the following standards of review and findings:
1. That the building will have no appreciable detrimental effect on the living environment and property values in the area into which the structure is to be moved.
2. That the building is in conformity with the quality of buildings existing in the area into which it is proposed to be moved.
3. That said building and the lot on which the building is to be located will conform to the requirements of the zoning ordinance, the building code, and other applicable codes, ordinances, and regulations.
4. That its location on the lot does not in any substantial way adversely affect buildings or uses in abutting properties.
5. That all required dedications and improvements for streets and facilities and buildings shall be provided in conformity with the standards of the city.
6. That adequate provision has been made through the posting of a performance bond or other assurance acceptable to the city that the building and grounds shall be brought up to the standard of a new building before it is occupied and that the vacated site shall be restored to a safe and visually appealing condition.
7. That all applicable permit fees have been paid.
8. That the building and grounds shall be brought up to the standards required of a new building before it is occupied.
9. That before a permit to move a building may be granted, the applicant shall post a minimum five thousand dollar ($5,000.00) bond or actual cost to move the building whichever is greater.
10. That the cash deposit or bond shall also be applied to cover the costs of cleaning up the vacated site in the city, and restoring it to a safe and sightly condition, in compliance with this code and the current nuisance ordinance.
I. Minor Telecommunications Facility And Amateur Radio Antennas: This subsection applies to both commercial and private low power radio services and facilities, such as "cellular" or "PCS" (personal communications systems) communications and paging systems. Each application for a telecommunications facility shall comply with the following:
1. Wall Mounted Antenna: Wall mounted antennas may not extend above the wall line of the building or extend more than four feet (4') horizontally from the face of the building.
2. Stealth Wall Mounted Antenna: Stealth wall mounted antennas are encouraged and may be allowed to vary from the provisions of this subsection upon demonstrated mitigation of impact.
3. Roof Mounted Antenna: Roof mounted antennas are allowed only on a flat roof and shall be screened and designed to match the structure to which they are attached. The planning commission may grant approval to place roof mounted stealth antennas on a pitched roof if the antenna does not extend above the peak of the roof.
4. Height: Antennas shall be mounted at least five feet (5') behind any parapet wall. The maximum height of an antenna mounted between five feet (5') and ten feet (10') behind a parapet wall shall be directly proportional to the setback distance, and may not exceed a height of ten feet (10') above the top of the parapet wall. An antenna may not extend more than fifteen feet (15') above the roofline of the building unless the adverse impacts of the additional height are fully mitigated.
5. Power Lines: All power lines on the lot leading to the accessory building and antenna structure of the telecommunications facility shall be installed underground.
6. Area Limitations: Combinations of both roof and wall mounted antennas are allowed on a building. The total area for all wall and roof mounted antennas and supporting structures combined shall not exceed forty (40) square feet for each exterior wall of the building or a total of one hundred sixty (160) square feet per building. Cellular antennas may occupy a maximum of four (4) walls.
7. Review Criteria: Each applicant for a telecommunications facility must address the following:
a. Compatibility of the proposed structure with the height and mass of existing adjacent buildings and utility structures;
b. Whether collocation 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. The maximum height of any tower or antenna in connection with a telecommunications facility or amateur radio antenna shall not be greater than the total distance from the nearest property line to said tower or antenna.
8. Monopole: A conditional use permit for a commercial monopole may be granted in any zone district only if the planning commission finds that:
a. The monopole antenna does not exceed thirty five feet (35') in height;
b. For all other zones the height of the tower shall not exceed the setback measured from the base of the structure to the property line;
c. Monopole with antenna and antenna support structure does not exceed two feet (2') in width;
d. 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;
e. The antenna tower will be located no closer than two hundred feet (200') from the nearest residential structure;
f. 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 (6') chainlink fence and the climbing pegs removed from the lower twenty feet (20') 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 chainlink with colored vinyl coating depending on the location; and
g. No monopole or lattice tower may be located within one thousand feet (1,000') of another monopole or lattice tower unless it is for the bona fide public services of a public transit district as defined in section 17B-2a-801 et seq., of the Utah Code Annotated and as certified by said public transit district.
9. Collocation: Collocation 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;
c. Mechanical or electrical incompatibilities;
d. Inability or ability to locate equipment on existing antenna towers; and
e. Any restriction or limitation of the federal communication commission that would preclude the shared use of the antenna tower.
10. Classification/Installation: Low power radio services facilities are characterized by the type of location of the antenna structure.
11. Temporary Antenna For Use During Drive Tests: Telecommunications companies wishing to perform drive tests shall submit notice to the planning commission 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 (2) days. Drive tests shall be limited to testing functions only and shall not be used for telecommunications services to customers. Drive tests on city property require planning and zoning official approval and execution of the city's test drive agreement.
12. Amateur Radio Antenna Height: Amateur radio antennas must not exceed seventy five feet (75') in height. Any antenna or antenna structure over eight feet (8') in height must be an engineered structure.
J. Small Wind Energy Systems, Solar Panels And Other Energy Creation Devices: Small wind energy systems, designed solar collectors, or other energy devices based on renewable resources may be reasonably sited on lots or parcels within applicable zoning districts provided conditions can be imposed to mitigate their detrimental effects. For the purpose of granting a conditional use permit the following criteria shall apply, protect and ensure access to sunlight for solar energy devices:
1. Solar Collectors And Other Renewable Resource Energy Devices:
a. Requirements: A conditional use permit may be granted for solar collectors and other renewable resource energy devices provided that:
(1) Applicants for solar collectors and other renewable resource energy devices shall take adequate measures to keep such devices from public view;
(2) The solar easement or solar sky space of any adjacent lot or parcel shall not be imposed upon;
(3) No solar energy system or other renewable resource energy device shall impose any kind of threat to the public health, safety and general welfare;
(4) Nor shall any system or device produce any noise, dust, smoke, fumes, trespassing light and any other deleterious or adverse effects be allowed to permeate from the property.
b. Definitions:
SOLAR EASEMENT: A right, whether or not stated in the form of restriction, easement, covenant, or conditions in any deed, will, or other instrument executed by or on behalf of any owner of land or solar sky space for the purpose of ensuring adequate exposure of a "solar energy system" as defined herein.
SOLAR ENERGY SYSTEM: A system of apparatus and equipment capable of collecting and converting incident solar radiation into heat, or mechanical or electrical energy, and transferring these forms of energy by a separate apparatus to storage or to point of use, including, but not limited to, water heating, space heating or cooling, electric energy generation or mechanical energy generation.
SOLAR SKY SPACE: The space between a solar energy collector and the sun which must remain unobstructed such that on any given clear day of the year, not more than ten percent (10%) of the collectible insulation shall be blocked.
2. Small Wind Energy System: A conditional use permit may be granted for a small wind energy system provided that reasonable conditions can be met based on the following criteria:
a. No more than one small wind energy system shall be permitted per lot and shall only generate energy for use of a main building and/or accessory buildings located on the same lot. This standard however is not intended to prohibit the transfer of excess energy to the power grid.
b. The small wind energy system shall be designed with a monopole and without guywires or support structures.
c. The small wind energy system shall not create sound pressure measuring greater than sixty five (65) dBA as measured from any property line.
d. The small wind energy system shall have a nonreflective, neutral color surface.
e. Setbacks for small wind energy systems shall be one and one- half (11/2) times the height of the wind structure with the blades being a part of the structure as measured from the blade at the highest point. In all cases the minimum setback should be thirty feet (30').
f. Maximum height shall be one hundred feet (100'). Additional height restrictions may be imposed if the small wind energy system is in any airport's fly zone.
g. "Small wind energy system" means a structure or structures that may include a wind turbine, a tower, footings, electrical infrastructure, and associated equipment and structures intended to utilize wind power for the pumping of water for agricultural use on the parcel or property on which the system is located, or for electrical power generation for on site consumption of a main building and/or accessory buildings or the electrical grid and that has a rated capacity of not more than twenty (20) kilowatts.
K. Zero Lot Line Development: Zero lot line development may be permitted in order to promote efficient land use, permit a more energy efficient arrangement of structures, protect environmentally sensitive areas, provide more usable private or community open space, to more easily accommodate affordable housing needs and to better use narrowly divided lots.
1. Review Required: At a site plan meeting the requirements of this chapter as applicable, shall be prepared for all zero lot line development. The Planning Commission shall review the site plan and verify that all applicable requirements have been met.
2. Development Standards: All zero lot line developments shall comply with the development standards of the underlying zoning district, the provisions of this title and the following requirements; provided, that where the standards included herein conflict with the standards established in other sections of this title, the standards herein shall apply:
a. Dwelling Unit And Accessory Building Setbacks:
(1) Interior Side Yard Setback: The dwelling unit may be placed on one interior side property line (a zero setback). The minimum setback from the other side property line shall be ten feet (10'), this may be reduced to zero feet (0') if the side setbacks are zero feet (0') within that zone and the building is constructed of noncombustible materials or the walls have a two (2) hour fire rating. No structures except for patios, decks, pools, fences, walls and other similar elements are permitted within the required setback area.
(2) Rear Yard Setback: The rear yard setback minimum shall be the same as that is required in the zoning district in which the lot or parcel is located.
(3) Front And Street Side Setback: Front and street side setbacks shall be the same as that is required in the zoning district in which the lot or parcel is located.
b. Platting Requirements: Each dwelling shall be located on its own individually platted lot. The plat shall show the zero lot lines and the related easements.
c. Openings Prohibited On The Zero Lot Line Side: In order to maintain privacy, there shall be no windows, doors, air conditioning units, or any other type of openings in the wall along the zero lot line, except when such a wall abuts permanent open spaces or a public or private right-of-way.
d. Fire Wall: Building walls on the zero lot line side must carry a two (2) hour firewall rating.
e. Maintenance And Drainage Easements: A perpetual maintenance, eave overhang, and drainage easement at least five feet (5') wide shall be provided on the lot adjacent to the zero lot line property line, which, with the exception of structures referenced in subsection K2a(1) of this section, shall be kept clear of structures. This easement shall be shown on the plat and incorporated into each deed transferring title on the property. The wall shall be maintained in its original color and treatment unless otherwise agreed to in writing by the two (2) affected lot owners. Eaves, but no other part of any structure, may protrude across a side lot line, and such protrusion shall not exceed eighteen inches (18"). Water runoff from the dwelling placed on the lot is limited to the easement area. Roofs pitched in the direction of the zero lot line shall be guttered.
3. Damage: All damage to private property in utility or governmental easement areas shall be the responsibility of the property owner to repair or replace. (Ord. 2012-01, 3-13-2012)
L. Petroleum Refining, Processing, Storage, Loading, Extraction And Related Facilities: Petroleum refining, processing, storage, loading, extraction and related facilities may be reasonably sited on lots or parcels within applicable zoning districts provided that conditions can be imposed to mitigate their detrimental effects. For the purpose of granting a conditional use permit for such a facility, the following conditions shall apply:
1. All uses must be consistent with applicable Federal, State, County and City laws and regulations and this title and information about such compliance shall be submitted as part of each permit application. As a condition of operation, all uses must remain in compliance with all Federal, State, County, and City laws and regulations and this title. If the City becomes aware of a failure to comply or if the applicant reports a compliance issue, the applicant has ninety (90) days to remedy the condition. Failure to remedy the compliance issue may result in a determination that the conditions of operation have been breached and the conditional use permit can be invalidated by the City.
2. A current copy of all permits, licenses and regulatory correspondence relating to Federal, State, County, and City approvals shall be included in the application for a conditional use permit. As a condition of operation, copies of future modifications, renewals, and related correspondence shall be provided to the City. Failure to remedy the compliance issue may result in a determination that the conditions of operation have been breached and the conditional use permit can be revoked by the City.
3. In order to insure compliance with Utah Code section 10-9a-522, the City may, as a condition of any permit issued under this title, require that the owner/developer of refinery facilities agree in writing that permitted and conditional uses allowed in the I-3 Heavy Industrial Zone, as well as existing uses, are compatible with and suitable for location adjacent to the refinery facilities and within five hundred feet (500') of the refinery facilities. The City shall require all residential development to be a minimum of one thousand feet (1,000') from any industrial development.
4. In order to insure the development will be constructed to completion in an acceptable manner, the City may require the owner/developer to enter into an agreement and/or provide a letter of credit or escrow deposit. The agreement and letter of credit or escrow deposit shall assure timely installation of all required landscaping, flood control facilities, parking, street improvements, fire and safety facilities both on and off site, and any other improvements required pursuant to the approved site plan or conditional use permit. Failure to maintain the letter of credit, escrow deposit or bonding may result in a determination that the conditions of operation have been breached and the conditional use permit can be invalidated by the City.
5. The owner/developer of a project that necessitates the City obtaining assistance from outside personnel or contractors in order to effectively review or monitor the project shall be responsible for additional costs incurred by the City for such outside personnel or contractors.
6. The applicant recognizes and accepts the responsibility to mitigate public nuisances using the best available technologies. Nuisances such as odor, dust, sound, light pollution and garbage shall be the responsibility of the applicant to mitigate at the applicant's expense. Failure to mitigate a public nuisance shall result in the application being remanded back to the zoning authority for the purposes of establishing an acceptable mitigation strategy for the nuisance.
7. In addition to the information required herein for all conditional use permit applications, the applicant shall provide the following:
a. A description of all activities to be performed on the property.
b. The location of existing and proposed structures and their intended uses.
c. The location of all driveways, parking areas, fences, walls and any proposed landscaped areas.
d. Provisions for culinary water and sewage disposal.
e. Provisions for addressing the potential for discharge of pollutants or hazardous materials, including information addressing compliance with applicable local, State and Federal requirements.
f. Provisions for fire and emergency response, including required equipment, facilities, training, and vehicular access to the property.
g. The location of all natural drainage channels and other significant natural features.
h. A description of permits obtained and other permits required from local, State and Federal regulatory agencies.
The City may require additional information or compliance with additional conditions in order to insure that the development complies with the requirements of this title. The City may grant a conditional use permit upon compliance by the applicant with all applicable sections of this title. (Ord. 2017-04, 10-10-2017)