108-4-5 Conditional Use Standards

Conditions of approval; credible evidence. The land use authority may apply conditions of approval related to any of the standards of this section, provided that credible evidence exists that: The application of the standard is relevant to the use; and The conditions are reasonable and necessary to substantially mitigate detrimental effects of the use as specified in the standard. Consideration from qualified professionals. The land use authority shall consider the expertise and experience of applicable reviewers and qualified professionals to help determine credible evidence, relevant standards, and reasonable conditions. Standards. Conditional use standards are as follows: Standards relating to safety for persons and property. Mitigate injury, loss of life, property damage, or other disproportionate demand for services on applicable fire fighting agencies. Mitigate injury, loss of life, or other disproportionate demand for services on applicable emergency medical service agencies. Mitigate injury, loss of life, property damage, criminal activity, the need for added peace keeping activities, or other disproportionate demand for services on the county sheriff's office. Mitigate injury, loss of life, or property damage of any known geologic hazard or flood hazard, if credible evidence of such a detrimental effect is present. Mitigate the creation of traffic hazards and right-of-way conflicts, including mitigation of traffic hazards caused by: The location, massing, size, or height of buildings, structures, and other facilities, including signage, fencing, and landscaping; The frequency of heavy truck traffic to and from the site (i.e. import and export of materials, deliveries, etc.) to minimize right-of-way conflicts with regular vehicle and pedestrian traffic. Substantially mitigate the likelihood that the proposed use or facility may cause bodily injury or property damage to potential persons or property in the area. Standards relating to infrastructure, amenities, and services. Mitigate undesirable vehicle or pedestrian traffic patterns or volumes. Mitigate internal vehicle or pedestrian circulation inefficiencies onsite, and provide for adequate onsite parking given the unique specificities of the proposed use or the proposed site plan. Mitigate material degradation of the level of service of any street. Mitigate material degradation of the level of service of any storm water drainage facility or infrastructure, and adequately provide for storm water drainage from the site. Mitigate material degradation of the level of service of any culinary, secondary, or irrigation water facility or infrastructure, and, if applicable, provide adequate culinary, secondary, and irrigation water service to the site. To help determine adequacy of culinary water provisions, the land use authority may require, but are not limited to, the following as a condition of approval of the conditional use permit: Written verification that the culinary water source of any new public water system can meet the requirements of the Utah Division of Drinking Water and/or the Weber Morgan Health Department; or A capacity assessment letter from the Utah Division of Drinking Water for additional connections to any existing public water system; or Written verification that the source of any non-public well providing culinary water for the use meets the requirements of the Weber Morgan Health Department. This verification shall be based on a test of a new or existing well. Mitigate material degradation of the level of service of any sanitary sewer service, and, if applicable, provide adequate sanitary sewer service to, or septic system on, the site. Mitigate material degradation of the level of service of any other utility, and, if applicable, adequately provide such utility services to the site. Mitigate material degradation of the level of service, functionality, capacity, or usability of the existing open spaces, public features, or recreational amenities in the area, and, if applicable, adequately provide additional open spaces, public features, or recreational amenities. Mitigate any disproportionate demand for government services, generally. Standards relating to the environment. Mitigate detrimental effects on the natural features of the site, and the surrounding affected areas, if credible evidence of such a detrimental effect is present; including, but not limited to, rivers and creeks, lakes, ponds, reservoirs, wetlands, drainage ways, groundwater protection, and slopes. Mitigate detrimental effects on the natural environment of the site, and the surrounding affected areas, if credible evidence of such a detrimental effect is present; including, but not limited to, wildlife, air quality, water quality (including erosion control), local natural resources, natural vegetation (including protection against noxious or invasive species), and wildland areas. Standards relating to the current qualities and characteristics of the surrounding area and compliance with the intent of the general plan. Provide buffering, screening, or fencing of the use or site, or provide other landscape features, sufficient to mitigate the proximity of incompatible uses, objectionable site features, and disharmony with existing and future land uses in the area. Provide hours of operation appropriate for the general nature and character of existing land uses in the area to mitigate conflict or incompatibility with surrounding uses. Provide reclamation, restoration, cleanup, or beautification of the site as the use evolves, or as the use is terminated, in order to mitigate aesthetic and nuisance effects. Mitigate nuisance factors, including, but not limited to, light and glare, noise, vibrations, smoke, dust, dirt, odors, gases, noxious matter, heat, electromagnetic disturbances, and radiation, if credible evidence of such a nuisance is present. Mitigate detrimental effects of the use considering the combined effect of it and other main uses on the property. To the extent supported by law, mitigate other general detrimental effects in a manner that sustains the objectives and intentions of the county's general plan, future land use map (or proposed land use map), and this Land Use Code. Standards relating to performance. Mitigate potential noncompliance or poor performance by providing appropriate performance measures, including, but not limited to, completion or performance bonds, completion agreements, and development agreements. Mitigate potential noncompliance or poor performance by requiring regular review or monitoring of certain specified detrimental effects by an appropriately qualified professional. Standards generally. Mitigate unsustainable effects on the economy of the surrounding area or county, generally, if credible evidence of such negative effects is present. Provide appropriate mitigation of detrimental effects as required in standards found elsewhere in this Land Use Code in a manner that complies with this Land Use Code, and any other federal, state, or local regulation, as may be applicable. Voluntary contributions providing satisfactory compliance with applicable standards. When considering a conditional use, the land use authority has discretion to determine satisfactory compliance with any applicable standard, requirement, provision, or restriction of this chapter if the applicant has voluntarily offered a more desirable alternative to mitigate the reasonably anticipated detrimental effects of the use than those otherwise specified here. The land use authority may require a development agreement to execute the voluntary alternative. Conditional use approval shall not impose operational restrictions on agricultural activities unless necessary to address documented public health or safety impacts. Conditions of approval shall: 1 Be based on identifiable detrimental effects supported by substantial evidence in the record 2 Be reasonably related and roughly proportional to the impacts created Be limited to mitigation of land use impacts 4 Not regulate normal agricultural practices protected under Utah Right-to-Farm provisions 5 Not regulate architectural style, building materials, or construction methods unless required for building, fire, or engineering safety 6 Reference the specific ordinance standard or impact being addressed Conditional use approval shall not: Be based solely on generalized public Be based on speculative 3 Prohibit alternative building methods allowed under adopted building codes opposition impacts