Skip to code content (skip section selection)
A. Purpose: A "special exception" is an activity or use incidental to or in addition to a principal use permitted in a zone or an adjustment to a fixed dimensional standard permitted as an exception to the requirements of this title. A special exception has less potential impact than a conditional use but still requires careful review of such factors as location, design, configuration and/or impacts to determine the desirability of authorizing its establishment on any given site. This section sets forth procedures for considering and approving special exceptions to the provisions of this title. (Ord. 2017-14, 8-17-2017)
B. Authority: The Appeal Board is authorized to approve special exceptions to the provisions of this title as provided in this section. (Ord. 2018-12, 10-18-2018)
1. The following special exceptions are authorized subject to the provisions of this section:
a. A temporary building for residential, commercial, or industrial use may be permitted for up to one year when the building is incidental to a permitted use.
b. Where a zone boundary line divides a lot in single ownership when this title is enacted, a use authorized by the zone on either portion of such lot may extend up to fifty feet (50') into the other portion of the lot.
c. Reserved. (Ord. 2017-14, 8-17-2017)
d. A nonconforming building or noncomplying structure, or a building or structure occupied by a nonconforming use, may be added to or enlarged.
e. A nonconforming building or noncomplying structure, or a building or structure occupied by a nonconforming use, may be relocated on a lot. (Ord. 03-5-1, 5-1-2003, eff. 6-1-2003; amd. Ord. 2005-15, 7-21-2005)
f. The amount of off street parking required may be reduced when the acquisition of land for such use would cause exceptional hardship. (Ord. 03-5-1, 5-1-2003, eff. 6-1-2003)
2. The Appeal Board may, by motion, designate any special exception authorized by this section as a routine and uncontested matter for decision by the Zoning Administrator pursuant to the procedures set forth in section 10-7-17 of this chapter subject to the approval standards for special exceptions in this section. (Ord. 2018-12, 10-18-2018)
C. Initiation: A property owner, or the owner's agent, may request a special exception to the provisions of this title as provided in subsection D1 of this section.
D. Procedure: An application for a special exception shall be considered and processed as provided in this subsection.
1. A complete application shall be submitted to the Zoning Administrator in a form established by the Administrator along with any fee established by the City's schedule of fees. The application shall include at least the following information:
a. The name, address and telephone number of the applicant and the applicant's agent, if any;
b. The address and lot identification of the subject property;
c. The zone, zone boundaries and present use of the subject property;
d. A complete description of the proposed special exception;
e. A plot plan showing the following:
(1) Applicant's name;
(2) Site address;
(3) Property boundaries and dimensions;
(4) Layout of existing and proposed buildings, parking, landscaping, and utilities; and
(5) Adjoining property lines and uses within one hundred feet (100') of the subject property; and
f. Such other and further information or documentation as the Zoning Administrator may deem necessary for full and proper consideration and disposition of a particular application.
g. If the special exception application is for a sign, a sign permit application shall be submitted. (Ord. 03-5-1, 5-1-2003, eff. 6-1-2003)
2. After an application is determined to be complete, the Zoning Administrator shall schedule a public meeting before the Appeal Board as provided in section 10-7-4 of this chapter. (Ord. 2018-12, 10-18-2018)
3. A staff report evaluating the application shall be prepared by the Zoning Administrator. (Ord. 03-5-1, 5-1-2003, eff. 6-1-2003)
4. The Appeal Board shall hold a public meeting and thereafter shall approve, approve with conditions or deny the application pursuant to the standards set forth in subsection E of this section. Any conditions of approval shall be limited to conditions needed to conform the special exception to approval standards.
5. After the Appeal Board makes a decision, the Zoning Administrator shall give the applicant written notice of the decision. (Ord. 2018-12, 10-18-2018)
6. A record of all special exceptions shall be maintained in the Office of the Zoning Administrator.
E. Approval Standards: The following standards shall apply to the approval of a special exception:
1. Conditions may be imposed as necessary to prevent or minimize adverse effects upon other property or improvements in the vicinity of the special exception, upon the City as a whole, or upon public facilities and services. These conditions may include, but should not be limited to, conditions concerning use, construction, character, location, landscaping, screening, parking and other matters relating to the purposes and objectives of this title. Such conditions shall be expressly set forth in a motion authorizing the special exception. (Ord. 03-5-1, 5-1-2003, eff. 6-1-2003)
2. The Appeal Board shall not authorize a special exception unless the evidence presented establishes the proposed special exception: (Ord. 2018-12, 10-18-2018)
a. Will not 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;
b. Will not create unreasonable traffic hazards; and
c. Is located on a lot of sufficient size to accommodate the special exception. (Ord. 03-5-1, 5-1-2003, eff. 6-1-2003)
F. Appeal Of Decision: Any person adversely affected by a decision of the Appeal Board regarding a special exception may, within thirty (30) days after such decision, appeal to the District Court in accordance with Utah State law. (Ord. 2018-14, 12-20-2018)
G. Effect Of Approval: A special exception shall not authorize the establishment of any use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for any approvals or permits that may be required by this title or other applicable provisions of this Code.
H. Amendments: The procedure for amending a special exception shall be the same as the original procedure set forth in this section.
I. Revocation: A special exception may be revoked as provided in section 10-9-6 of this title.
J. Expiration: A special exception shall expire and have no further force or effect if the building, activity, construction or occupancy authorized by the special exception is not commenced within one hundred eighty (180) days after approval. (Ord. 03-5-1, 5-1-2003, eff. 6-1-2003)