7.5-8 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: 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; 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 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. 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 recommend approval, deny, or recommend conditional approval of an application to the City Council 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 0.455-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 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. 2. 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) 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 a 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. 3. 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. 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. 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 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 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 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. 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 or smoke, glare, odor, dust, flashing light, or similar conditions that would decrease the residential quality of the neighborhood. 4. 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 RVP or temporarily on private 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.