7.3-8 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: 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. 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, mass and circulation; 3. The use is not detrimental to the public health, safety and welfare; 4. The use is consistent with the Fountain Green City General Plan as amended; 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; 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 0.455-acre 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 oneacre 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 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. 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. 2. Mobile Dwelling Parks. A Mobile Dwelling Park shall be: a) Located on a minimum of 4.12 acres; b) Subject to State Board of Health requirements (density no greater than 6 units per acre); c) Subject to the site plan and development standards required in this zone; d) Sewer impact fees will be determined based on maximum occupancy; and e) Water usage requirements will determine the number of irrigation water shares to be tendered to Fountain Green City. 3. Each manufactured dwelling unit shall meet contemporary electrical, plumbing, structural, and appearance standards before being located within an approved mobile dwelling park. 4. Manufactured or modular units, new or used, which are damaged; are altered or modified at the discretion of an owner; which contain aluminum branch circuit wiring; or which fail to meet minimum code requirements, shall not be located in an existing or new mobile dwelling park in Fountain Green City. C. RECREATIONAL VEHICLE PARKS (RVP) STANDARDS AND REQUIREMENTS. 1. The property upon which an RVP is approved shall be and remain in one ownership; 2. An RVP shall be located on a minimum of 2 acres and a maximum of 4.12 acres; 3. The RVP shall contain not more than an average of 18 recreational vehicles per acre; 4. Only one recreational vehicle shall be placed on each designated space. 5. An RVP shall comply with: a) all plat, plot plan, and site development requirements of this zone; and 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. b) the Code of Camp, Trailer Court, Hotel, Motel, and Resort Sanitation Regulations of the Utah State Division of Health; 6. Any spaces in an RVP shall not: a) be used by any one vehicle for a period greater than 30 days; b) be used by any specific vehicle for a period of 30 days where that vehicle had been in residence in the RVP within the previous 30 days; or c) be used by any individual or family for a permanent residence. 7. Occupancy of a recreational vehicle shall not be permitted in Fountain Green City except in an approved RVP or temporarily on private residential property for visitation purposes not to exceed 30 days in any 90 day period; 8. Sewer impact fees will be determined based on maximum occupancy; and 9. Water usage requirements will determine the number of irrigation water shares to be tendered to Fountain Green City. D. Child Care Facility/Center. Each application for a childcare facility, center or home occupation must include and comply with: 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; 4. Parking and traffic plan that adequately mitigates the adverse impacts of increased traffic in the neighborhood (if a facility or center); 5. Childcare providers as a home occupation may not exceed six children, 12 years or age or younger, including the provider's own children at any given time; 6. Childcare providers as a home occupation may not provide services for more than two infants under the age of two at any given time. E. 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 Planning Commission deems necessary and desirable to protect public health, safety, and general welfare. 1. The display and sales of merchandise should be contained primarily within a building; 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. 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; 4. Adequate parking is provided to serve the commercial use that does not create a parking shortage for other existing uses on site, or adjoining properties; and 5. The use does not cause noise, light, or other nuisances which adversely impacts surrounding property uses. F. Seasonal Commercial Use. These uses are commercial activities that meet for less than 4 months during the year, such as Farmers Markets. 1. The seasonal commercial use must comply with setback and clear vision area requirements of this ordinance and with applicable fire codes; 2. Adequate parking is provided to serve the commercial use that does not create a parking shortage for other existing uses on site, or adjoining properties; and 3. The use does not cause noise, light, or other nuisances which adversely impact surrounding property uses. G. Home Occupation in residential-only dwellings. 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: 1. All home occupations should be secondary and incidental to the residential use; 2. The Home Occupation shall be conducted wholly within the residence or approved structure on the premises and shall not include outdoor storage, outdoor display of merchandise, nor parking/storage of vehicle in excess of 12,000 pounds gross vehicle weight. Only one vehicle may be used in association with the Home Occupation and shall be stored on the premises; 3. Is limited to the on-site employment of family members; 4. The Home Occupation shall not alter the residential character or appearance of the dwelling or neighborhood; shall be conducted wholly 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; 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. 5. 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; 6. Shall not generate business-related vehicular traffic in excess of 16 vehicles per day; 7. Shall not include identifying signage in excess of a six square-foot nameplate, attached to the dwelling; 8. Shall be enclosed within a structure in complete conformity with international building codes; 9. Shall not cause a demand for municipal services in excess of that associated with normal residential use; 10. 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; 11. 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; and 12. The activities of the home 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 or smoke, glare, odor, dust, flashing light or similar conditions that would decrease the residential quality of the neighborhood. H. Adult-oriented Businesses. An application for the above use may be approved upon a finding that the proposed use complies with all the following standards: 1. The on-site activities of said use cannot be within 1,000 feet of schools, churches, and public facilities; 2. No outside storage nor public display of erotic and/or prurient materials visible to passers-by is permitted; 3. The activities of the adult-oriented business 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 or smoke, glare, odor, dust, 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. flashing light or similar conditions that would decrease the quality and property values of the business commercial zone; 4. Signage shall be limited to one attached, non-illuminated identification sign, not larger than two square feet in surface area, which does not specify the goods or services provided by the business use, shall be permitted; 5. A site plan drawn to scale showing the location of the structure, its relationship to dwellings on the same and adjacent properties within 1,000 feet, and provisions for safe vehicular access and adequate off-street parking shall be submitted with the application; and 6. A public hearing before the Planning Commission is required for each application unless a signed affidavit in support of the adult-oriented business being proposed is provided to the City from each property owner within 1,000 feet. I. Swimming Pools (residential). 1. Any property with a pool must have a primary residence on the property as well. 2. A 12 foot setback from all property lines and the eaves of other buildings is required. 3. 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 selfclosing and self-latching devices mounted on the inside of the gate at a minimum of 5 feet above the ground. 4. Any direct connection for drainage of a pool to the sewer system of the City is prohibited. 5. 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. 6. The pool side of the required barrier shall be at least 12 feet from the water's edge. 7. Any natural topography used to form a barrier must meet the same requirements as those for a fence or wall barrier. 8. 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. 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. 9. The State has adopted the International Swimming Pool and Spa code (ISPSC) under Section 15A-2-103. Fountain Green City likewise adopts this statute. 10. 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. a) 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. J. Short-Term Rentals in Business or Business-Residential Combined Dwellings. Nonowner occupied STRs within the “historic” business district are allowed, but throughout the rest of the BC Zone only owner-occupied STRs are allowed.