7.2-7 CONDITIONAL USE STANDARDS OF REVIEW

The City shall not issue a conditional use permit unless the Planning Commission concludes that the application fully mitigates all identified adverse impacts and complies with the following general standards applicable to all conditional uses, as well as the specific standards for the use. A. GENERAL REVIEW CRITERIA: An applicant for a conditional use in the zone must demonstrate: 1. The application complies with all applicable provisions of this chapter, state, and federal law; 2. The structures associated with the use are compatible with surrounding structures in terms of use, scale, and traffic circulation; 3. The use is not detrimental to the public health, safety, and welfare; and 4, 7.3-2 AND 3 and 5, 7.4-2 AND 3, and 7.5-2 and 3 JANUARY 18, 2024. 7.2-3a, 7.2-4, 7.3-3, 7.3-5, 7.4-3, 7.4-5, 7.5-3a, 7.5-5 AMENDED AUGUST 15, 2024. 7.2-2, 7.3-2, 7.5-2 AMENDED JUNE 19, 2025. CORRECTED FORMAT AT 7.3-3 & Add 7.3-3C January 22, 2026. 4. The use is consistent with the Fountain Green City General Plan; 5. Traffic conditions are not adversely affected by the proposed use including the existence or need for dedicated turn lanes, pedestrian access, and capacity of the existing streets; 6. There is sufficient utility capacity; 7. There is sufficient emergency vehicle access; 8. The location and design of off-street parking as well as compliance with offstreet parking standards; 9. A plan for fencing, screening, and landscaping to separate the use from adjoining uses and mitigate the potential for conflict in uses; 10. That exterior lighting complies with the lighting standards of the zone; and 11. That within and adjoining the site, impacts on the aquifer, slope retention, and flood potential have been fully mitigated and are appropriate to the topography of the site. B. 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: 1. Pet Boarding, Breeding, Training, and Grooming. a) Half acre or larger lot required. A limited and reasonable number of adult dogs or adult cats, together with their offspring up to three months of age or similar numbers of other small pets, may be maintained per 0.455acre parcel or lot. See Fountain Green City Animal Control Ordinance Chapter 13-20-0-00. b) One acre or larger lot required. Boarding, breeding, training and grooming of horses or other large animals may be permitted on one-acre parcel or lot. c) Compliance with State and County Board of Health Regulations. No provision herein shall be construed as authorizing the keeping of an animal or animals, or poultry, in violation of Sanpete County or Utah State Division of Health regulations; or keeping of an animal or animals or poultry, capable of inflicting harm, or endangering the health and safety of any person, or despoiling the environment (air quality, and surface or well waters) of any property or adjoining property. and 4, 7.3-2 AND 3 and 5, 7.4-2 AND 3, and 7.5-2 and 3 JANUARY 18, 2024. 7.2-3a, 7.2-4, 7.3-3, 7.3-5, 7.4-3, 7.4-5, 7.5-3a, 7.5-5 AMENDED AUGUST 15, 2024. 7.2-2, 7.3-2, 7.5-2 AMENDED JUNE 19, 2025. CORRECTED FORMAT AT 7.3-3 & Add 7.3-3C January 22, 2026. 2. Childcare Facility/Center. Each application for a childcare facility, center, or home occupation must include and comply with: a) Proof of application for state childcare license (if state childcare license denied a conditional use permit will also be denied); b) Compliance with state, federal, and local law; c) A design that does not include a front yard playground; d) Parking and traffic plan that adequately mitigates the adverse impacts of increased traffic in the neighborhood (if a facility or center); e) Childcare providers as a home occupation may not exceed six children, 12 years of age or younger, including the provider's own children at any given time; f) Childcare providers as a home occupation may not provide services for more than two infants under the age of two at any given time. 3. Seasonal Commercial Uses. Includes uses such as Farmers' Markets where produce or other items are sold for less than 4 months during the year. a) The seasonal commercial use must comply with setback and clear vision area requirements of this ordinance and with applicable building and applicable fire codes. b) Adequate parking is provided to serve the commercial use that does not create parking shortage for other existing uses on site or adjoining properties. c) The use does not cause noise, light, or other nuisances which adversely impact surrounding property uses. 4. Home Occupation. The intent of Fountain Green City is to encourage a majority of business activities to be conducted in the Business and Commercial Zone. However, business activities may be conducted within or immediately adjacent to a residence on a limited basis if such activities comply with the following criteria: a) All home occupations should be secondary and incidental to the residential use. b) The Home Occupation shall be conducted wholly within the residential lot. c) Is limited to the on-site employment of family members. d) The Home Occupation shall not alter the residential character or appearance of the dwelling or neighborhood; shall be conducted wholly and 4, 7.3-2 AND 3 and 5, 7.4-2 AND 3, and 7.5-2 and 3 JANUARY 18, 2024. 7.2-3a, 7.2-4, 7.3-3, 7.3-5, 7.4-3, 7.4-5, 7.5-3a, 7.5-5 AMENDED AUGUST 15, 2024. 7.2-2, 7.3-2, 7.5-2 AMENDED JUNE 19, 2025. CORRECTED FORMAT AT 7.3-3 & Add 7.3-3C January 22, 2026. within the residence or approved structure on the premises and shall not occupy any area within the garage, unless the garage still functions for parking, or two off-street parking spaces for residential use are still available. e) Commodities may be sold. However, it is the intent that such sales be limited to items produced on the premises, or items that are incidental to the service provided. f) Shall not generate business-related vehicular traffic in excess of 16 vehicles per day. g) Shall not include identifying signage in excess of a six square-foot nameplate, attached to the dwelling. h) Shall be enclosed within a structure in complete conformity with international building codes. i) Shall not cause a demand for municipal services in excess of that associated with normal residential use. j) Home Occupation Permits shall be valid for one year and may be renewed annually provided there have been no substantiated violations, unresolved complaints, or detrimental characteristics which may, in the judgment of the Planning Commission, require termination of said Permit as approved by Fountain Green City; k) Mortuary, animal hospital, clinic, hospital, RV service, junkyard, auto or ATV/motorcycle repair service, or adult-oriented business, medical, dental, and related health professional offices are specifically excluded as home occupations due to health and sanitation risks from the disposal of waste materials and other deleterious effects on residential quality of the neighborhood. l) The activities of the occupation shall not involve the unreasonable 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, or similar conditions that would decrease the residential quality of the neighborhood. 5. RV Occupancy. Occupancy of any recreational vehicle is by conditional use or short-term visitation only. a) Occupancy of a recreational vehicle shall not be permitted in Fountain Green City except in an approved RV Park or temporarily on private and 4, 7.3-2 AND 3 and 5, 7.4-2 AND 3, and 7.5-2 and 3 JANUARY 18, 2024. 7.2-3a, 7.2-4, 7.3-3, 7.3-5, 7.4-3, 7.4-5, 7.5-3a, 7.5-5 AMENDED AUGUST 15, 2024. 7.2-2, 7.3-2, 7.5-2 AMENDED JUNE 19, 2025. CORRECTED FORMAT AT 7.3-3 & Add 7.3-3C January 22, 2026. residential property for visitation purposes not to exceed 30 days in any 90 day period. b) Property owners with an approved building permit for home construction may request a conditional use permit through the Planning Commission to the City Council to temporarily occupy an RV on private property during active on-site construction for a period not to exceed 1 year. c) No RV occupancy allowed on City street rights-of-way. d) No RV occupancy in the line-of-sight triangles at street intersections. 6. Swimming Pools (residential). a) Any property with a pool must have a primary residence on the property as well. b) A 12 foot setback from all property lines and the eaves of other buildings is required. c) A fence or wall is required and must be at least 6 feet high with no openings that would allow a 4 inch diameter sphere to pass through it. Gates must also be the same height as the accompanying fence and equipped with self-closing and self-latching devices mounted on the inside of the gate at a minimum of 5 feet above the ground. d) Any direct connection for drainage of a pool to the sewer system of the City is prohibited. e) There must be a 12 foot setback between the exterior of the barrier and any permanent structures that could be used to climb the barrier. If structure or equipment (such as pumps, filters, and heaters) are on the inside of the barrier, the setback should be at least 2 feet from the edge of the pool and 2 feet from the inside of the barrier and satisfy all other setback requirements. f) The pool side of the required barrier shall be at least 12 feet from the water's edge. g) Any natural topography used to form a barrier must meet the same requirements as those for a fence or wall barrier. and 4, 7.3-2 AND 3 and 5, 7.4-2 AND 3, and 7.5-2 and 3 JANUARY 18, 2024. 7.2-3a, 7.2-4, 7.3-3, 7.3-5, 7.4-3, 7.4-5, 7.5-3a, 7.5-5 AMENDED AUGUST 15, 2024. 7.2-2, 7.3-2, 7.5-2 AMENDED JUNE 19, 2025. CORRECTED FORMAT AT 7.3-3 & Add 7.3-3C January 22, 2026. h) Pools must not be located within the front yard of residences. Corner lots may use a secondary front yard if all other setback requirements are met. i) The State has adopted the International Swimming Pool and Spa code (ISPSC) under Section 15A-2-103. Fountain Green City likewise adopts this statute. j) On-ground (above ground) pools must have walls at least 48 inches above grade for the entire perimeter of the pool and meet the requirements of the manufacturer to serve as a barrier. 1) Ladders or steps used as access to the pool must be capable of being secured, locked, or removed to prevent access except where they are surrounded by a barrier.