2-7.2 SPECIFIC REVIEW CRITERIA FOR CERTAIN CONDITIONAL USES

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. Child Care Facility/Home Day Care Center. Each application for a child care center or home day care center must include and comply with: 1. Proof of application for state child care 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 child care facility); 5. Home Day Care Center - providers may provide services for up to eight (8) clients including the providers own children at any given time, with sufficient staffing; 6. Child Care Facility - providers may provide services for any number of clients including the providers own children at any given time, with sufficient staffing; 7. Child Care Centers or Home Day Care Center- must have 1 adult per every two infants under the age of two and 1 adult per every eight children. State regulations require two caregivers if there are more than six children in a home day care and may further limit the number of children allowed in a home day care. B. Preschool Facilities Each application for a preschool facility must include and comply with the following standards; 1. There shall be one (1) instructor for every eight (8) children within the mixed age range of 3, 4 & 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 8:00 am and 8:00pm; and 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 insure the parking is functional and does not change the residential character of the lot; and 4. No signs shall be allowed on the dwelling or lot except a name plate sign; and 5. The preschool operator shall comply with all applicable licensing regulations adopted in the two (2) ton rated capacity; 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 non-illuminated accessory sign not larger in area than two (2) square feet. 7. The owner of the home occupation shall purchase a business license to operate within the Town 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 Town; Section 2-7: Conditional Uses 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. 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 section 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 ordinance 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, which does not exceed one (1) ton rated capacity; 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 non-illuminated accessory sign not larger in area than two (2) 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. 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 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, which does not exceed two (2) ton rated capacity; 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, non-illuminated identification sign, not larger than two (2) square feet in surface area, which does not specify the goods or services provided by the occupation, shall be permitted; 9. The owner of the small neighborhood commercial occupation shall purchase a business license to operate within the Town 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; and 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. F. Adult Oriented Businesses The purpose and objective of this section 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 Town, and to prevent inappropriate exposure of such businesses to the community. This section 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 (1,000') feet of any: (i) School, day care facility, cemetery, public park, library, or religious institution; (ii) Residential zoning boundary; (iii) Liquor store, bar or tavern; Section 2-7: Conditional Uses (iv) Other adult-oriented business. 2. For the purposes of this section, 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: (i) The closest exterior wall of another adult-oriented business; (ii) The closest property line of any school, day care facility, public park, library, cemetery or religious institution; and (iii) The nearest property line of any residential zone. G. Confinement and Keeping of livestock The purpose of this section is to establish regulations and requirements for the confinement and keeping of livestock on lots within the Town in a manner that will protect the health of both domestic animals and the general public, and minimize the potential for nuisance. The requirements of this section shall apply only to the confinement and keeping of domestic livestock established on or after the date this ordinance was adopted. 1. The maximum number of domestic livestock or fowl permitted on any lot or parcel within the Town shall be as follows: (i) The raising, care, and keeping of animals and fowl in limited numbers as follows: a. Not more than two (2) animal units may be kept for each 20,000 square feet of lot area providing that no animal shall be kept on lots containing less than 20,000 square feet, and provided that the maximum number of animals which may be kept on any one lot or parcel of land shall not be more than six (6) animal units. 2. A domestic livestock unit is defined as one (1) horse, mule, donkey or other equine; one (1) cow, bull, ox, or other bovine, except bison; one (1) pig, three (3) sheep or goats; two (2) llamas; five (5) turkeys, geese, ostriches, emus, or similar animals; or ten (10) chickens, ducks, or other small fowl or rabbits. For the purpose of determining compliance, said definitions shall not include the un-weaned offspring less than six (6) months old, of any residing animal. 3. Animals or livestock may not be kept, or be allowed to pass within twenty (20) feet of any dwelling on a neighboring lot, which existed at the time of confinement and keeping such livestock or animals was legally established. This restriction shall not apply to the transport of animals or livestock into or out of pasture area which otherwise complies with the requirements of this section. 4. Barns, coops, corrals, hutches, mangers, pens, runs, stables, pig shelter areas, or other structures used for the confinement or keeping of animals or livestock permitted by this section may not be placed, constructed or situated so that any part thereof lies within thirty (30) feet of any dwelling on the same lot. Or within fifty (50) feet of any dwelling on a neighboring lot, which existed at the time confinement and keeping such livestock or animals was legally established. Such restriction shall not include pasture area which otherwise complies with the requirements of this section. 5. At all times chickens, ducks, geese and other fowl shall be kept in coops, and rabbits shall be kept in hutches. 6. Suitable enclosures, substantially constructed, shall be provided and maintained for the safekeeping of all fowl or animals kept within the Town. All structures and enclosures for the confinement and keeping of animals permitted by this section shall meet the following minimum area requirements. (i) Pen size for non-pastured animals; Rabbits, chickens, ducks, geese and other small fowl will require four (4) square feet per animal. 7. Pigs, hogs, swine or other porcines shall be permitted only as conditional uses using the review criteria as outlined in Section 2-7.1 above and shall be kept at all times in a shelter. Sties or mud wallows shall not be permitted. Manure shall be cleaned twice a month and odors and smell shall be controlled in order to minimize its effects on the surrounding neighborhood by the owner. (i) A maximum of four (4) pigs shall be allowed per legal lot Section 2-7: Conditional Uses and the pen size will require, at a minimum, seventy-five (75') square feet per pig. H. 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. I.Private Roads Private Roads may be constructed to access residential or agricultural property only. A conditional use permit must be obtained for said road. 1. Private Roads may not be constructed to serve more that one or two adjacent parcels of private property. 2. Private Roads will be constructed to adopted Town standards except that the width of said road may be a minimum of twenty five (25’) feet and no hard surfacing of the road including asphalt or concrete shall be required. 3. Private Roads shall be the responsibility of the property owner’s for maintenance and snow removal. 4. Utility easements for water, sewer, electricity, gas, telecommunications or other utilities may be required on private roads 5. All property owners to which the Private Road services shall have unrestricted access on and through the road. 6. All other access and public street frontage alternatives must be exhausted prior to a private road being considered for a conditional use permit. J. 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 Town to another site within the Town or from a site outside of the Town to a site within the Town without a pre-inspection being made by the Building Official and a permit issued therefore. Section 2-7: Conditional Uses The moving of any residential. commercial, or industrial building within the Town, which has had prior use, shall be subject to approval of a moved building permit application by both the Building Inspector and the Zoning Official. In addition to conventionally constructed buildings, the requirements of this provision shall apply to the moving of de-mountable homes, manufactured homes, and similar movable structures, except when being moved from outside the Town into a manufactured home park within the Town. Before granting approval of the application, the Planning Commission 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 Town. 6. That adequate provision has been made through the posting of a performance bond or other assurance acceptable to the Town 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 cash deposit of 100% of the project, to be placed in an escrow account, to cover costs of bringing the buildings and grounds up to standard. In the event of failure to comply with conditions, the Town, after due notice and public hearing thereon, may declare the cash deposit forfeited. 10. That the cash deposit shall also be applied to cover the costs of cleaning up the vacated site in the Town, and restoring it to a safe and sightly condition, in compliance with the Code and the current nuisance ordinance. K. Minor Telecommunications Facility and Amateur Radio Antennas This section 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: 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 antennas are encouraged and may be allowed to vary from the provisions of this section 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 antennae on a pitched roof if the Antenna does not extend above the peak of the roof. 4. Antennas shall be mounted at least five feet (5') behind any parapet wall. The maximum height of an antenna mounted between five (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 Wallmounted 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: (i) Compatibility of the proposed structure with the height and mass of existing adjacent buildings and utility structures; (ii) 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; (iii) The location of the antenna in relation to existing vegetation, topography and buildings to optimize visual screening; (iv) Whether the spacing between monopoles creates detrimental impact upon adjacent properties; (v) The location of the pole in relation to noteworthy structures, landmarks and pedestrian or automotive transportation view corridors; (vi) Location and zoning compliance of accessory buildings associated with the Telecommunications Facility. (vii) 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 a residential zone district only if the planning commission finds that: (i) The monopole antenna does not exceed thirty five (35') feet in height; (ii) Monopole with antennae and antennae support structure does not exceed two feet in width; (iii) 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; (iv) The antenna tower will be located no closer than two hundred feet (200') from the nearest residential structure, and (v) 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. (vi) No monopole or lattice tower may be located within one thousand (1,000) feet of another monopole or lattice tower unless it is for the bona fide public services of a pubic transit district as defined in Section 17A-2 1001 et seq. of the Utah Code Annotated and as certified by said public transit district. 9. 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 un-built, Telecommunications Facility within the Telecommunications area that may meet the needs of the applicant. The documentation supplied shall evaluate the following factors: (i) Structural capacity of the antenna towers; (ii) Geographic Telecommunications area requirements; (iii) Mechanical or electrical incompatibilities; (iv) Inability or ability to locate equipment on existing antenna towers; and (v) 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 town property require Planning and Zoning Official approval and execution of the Town’s test-drive agreement. 12. Amateur radio antennas must not exceed seventy-five (75) feet in height. Any antenna or antenna structure over eight (8) feet in height must be an engineered structure. L. 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 purposes of granting a conditional use permit the following criteria shall apply: 1. Solar Collectors & Other Renewable Resource Energy Devices. A conditional use permit may be granted for Solar Collectors & Other Renewable Resource Energy Devices provided that: (i) Applicants for Solar Collectors & Other Renewable Resource Energy Devices shall take every measure possible to keep such devices from public view; (ii) The solar easement or solar sky-space of any adjacent lot or parcel shall not be imposed upon. (iii) No solar energy system or other renewable resource energy device shall impose any kind of threat to the public health, safety and general welfare; (iv) 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. (a) Solar easement means: 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. (b) Solar energy system means: 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. (c) Solar sky-space means: 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 10 percent of the collectable 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: (i) No more than one (1) 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. (ii) The small wind energy system shall be designed with a monopole and may include guy wires or support structures. (iii) The small wind energy system shall not create noise louder than 55 dBa as measured from any property line. (iv) The small wind energy system shall have a nonreflective, neutral color surface. (v) Setbacks for small wind energy systems shall be one and one-half (1 ½) times the total height of said small wind energy system as measured from the base of the structure to the highest point of a rotating blade. In no case shall any small wind energy system be closer than thirty (30’) feet from any adjacent property line. The setback is measured from the property line to the base of the monopole. (vi) Maximum Height shall be one hundred (100') feet. Additional height restrictions may be imposed if the small wind energy system is in any airports fly zone. (a) 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 and that has a rated capacity of not more than 20 kilowatts.