19.15.06 Special Standards and Considerations Governing Particular Uses

In addition to the general standards and considerations set forth in 19.15.08, the following special standards shall be considered in relation to an application for a Conditional Use permit for any of the following uses: 1. Automobile refueling stations and car wash operations. As Conditional Uses, automobile refueling stations and car wash (self-serve) operations may be permitted under the following conditions: a. The proposed location of the Conditional Use is in accord with the Land Use Ordinance and land use zone in which the site is located. b. They do not break up contiguity for pedestrians of retail store frontage. c. They will not be a nuisance to residences and other surrounding uses. d. They will not cause traffic hazards or undue traffic congestion. e. For automobile refueling stations or free standing car washes, the lot frontage, if located on a major street, shall not be less than 125 feet. f. For automobile refueling stations or car wash operations with gasoline, diesel, or natural gas pumps shall have buildings of the type of construction as required in applicable building codes, and are to be located at a distance of not less than twenty-five feet from property or building setback lines, whichever is greater. g. Gasoline pumps and pump islands for car wash operations or automobile refueling stations shall have a canopy and the setback, measured from the edge of the canopy, shall be not less than twenty-five feet from any property lines or shall be in conformity with the building setback lines of the zone, whichever is greater. h. Driveway design and spacing for automobile refueling stations or car wash operations shall be reviewed by the City Engineer, whose recommendation will be forwarded to the Planning Commission. i. The minimum closest distance from the automobile refueling stations or car wash with gas pumps site to an existing school, park, or playground shall not be less than 500 feet. j. No outdoor storage of rental trucks or trailers, stacks of tires, or other merchandise will be provided by the automobile refueling stations or car wash operation except when such equipment or merchandise is screened by an approved fence not less than six feet in height. 2. Non-residential Group Day Care and Preschool Center Special Conditions. Development or operation of a group day care or preschool center must be approved in advance by the Land Use Authority and must be found to conform to the following conditions: a. it must be compatible with existing and proposed land uses in the vicinity; b. it must receive the approval of the Utah Department of Health; c. it must provide off-street parking spaces on the site meeting the same requirements as commercial uses. d. new construction must be compatible in design and scale of building with existing development in the area; and e. the site must have frontage on a street with an existing or proposed right-of-way of 66 feet, or greater, as identified on the Transportation Element of the General Plan. 3. Residential Pre-school Special Conditions. Approval of a residential pre-school shall also require a Home Occupation business license and shall be reviewed according to the review criteria found in Chapter 19.08. In addition, a residential pre-school shall conform to the following conditions: a. it must receive the approval of the Utah Department of Health; b. it must provide off-street parking spaces on the site meeting the same requirements as commercial uses and an adequate pickup and delivery area; and c. new construction must be compatible in design and scale of building with existing development in the area. 4. Private or Quasi-public School. Conditional Use approval of Private or Quasi-public Schools shall only be given based on the following conditions and considerations: a. If the Private or Quasi-public School includes boarding facilities, the City may impose such limitations as the City believes to be in the public interest relating to the sex, age, and number of students that may be boarded or otherwise participate in the schooling and other services provided by the school. The City may also impose student-to-staff ratio requirements for the school. b. The number of students allowed to attend or to be boarded at a Private or Quasipublic School shall be determined based, in part, on the size of the parcel of property on which the school is to be located. i. The minimum property required for any Private or Quasi-public School shall be ten acres. More acreage shall be required for larger facilities as determined by the City. ii. Property for the Private or Quasi-public School may, with the consent of the City, be dedicated to the City for public use in lieu of remaining in the private ownership of the school. The City may allow more credit for property dedicated to the City for public use than for similar acreage remaining in private ownership. c. If a Private or Quasi-public School is to provide any counseling (other than educational counseling) that will require the school to obtain a license from any state or other agency (such as a license for residential treatment), the City may limit and restrict the types of counseling that the school may provide. The City may also impose limits on the students that may attend or be boarded at the Private or Quasi-public School based on the types of counseling and other services needed by the students. d. Since Private or Quasi-public Schools are primarily for educational purposes and not treatment or correctional purposes, the City will place restrictions on the students that may attend or be boarded at the school. i. The City shall not allow such schools to accept students with serious mental or behavior disorders, students with current or recent drug or alcohol problems, students that are sex offenders, or students that are having or have recently had problems with the law. ii. The City may provide that the school may not contract with any correctional office or agency for placement of students nor accept students placed or referred by judicial or correctional offices or agencies. e. The City shall impose such reporting, inspection, certification, review, and selfregulating conditions on Private or Quasi-public Schools as the City deems necessary to assure compliance with the limitations imposed by the City for its Conditional Use approval. f. The City may restrict the location of Private or Quasi-public School in the interest of the community. Such restrictions shall include not allowing Private or Quasi- public Schools to be located in close proximity to similar schools and facilities or to facilities, improvements, or developments that may be negatively affected by such schools or that may create potential risks or problems for the schools. 5. Vehicle Storage. Conditional Use approval shall be given based on compliance with all other standards in this Chapter, and upon compliance with the following conditions and considerations: a. Storage areas shall be completely enclosed by a minimum six foot opaque wall or fence. b. Storage shall not occur adjacent to residential development. c. Approvals shall be given for a maximum term of five years, and all vehicle storage shall be removed at the conclusion of the approval period. d. Additional five year terms shall be granted upon the following findings: i. That the storage complies with the original conditions of approval. ii. That the storage complies with all other Code requirements in place at the time of extension. iii. That the storage is still not adjacent to residential development. At such time as the surrounding area develops in a residential manner, no further extensions shall be granted. 6. Public Utility Building or Facility and Public Building Sites. a. This subsection does not apply to wireless telecommunication equipment which is regulated by Chapter 19.05. b. Minimum lot size, lot width, lot frontage, lot coverage, and building size requirements do not apply to Public Utility Buildings or Facilities and Public Building Sites that are not intended for occupancy and are owned by a governmental entity or public utility company in the State of Utah. c. Utility structures and Public Buildings shall not encroach onto a public utility easement. However, this does not preclude the use of the public utility easement for service delivery. d. Setbacks: The following setbacks shall apply to buildings and structures that are not intended for occupancy. All buildings that are intended for occupancy shall comply with the setback requirements within the underlying zone. i. In residential zones, above-grade buildings and structures over 200 square feet in size and/or 15 feet in height, shall comply with the minimum front setback within the underlying zone. The side and rear setbacks shall be ten feet minimum. ii. For all other buildings and structures (including those in non-residential zones), including below-grade structures, the minimum setbacks shall be equal to the required public utility easements. iii. Greater setbacks may be required through the conditional use process in order to mitigate detrimental effects to the health, safety, and general welfare of the public. e. Fencing: i. Because of security concerns or specific site or facility design, the Public Utility site or Facility or Public Building site shall not be required to have fencing or walls. 1. Vinyl-coated chain link is allowed for facilities more than 200 feet from an existing residential dwelling that is in a residential zone. Chain link fence shall be setback five feet from the right of way. 2. Notwithstanding fencing requirements contained in Chapter 19.06, barbed wire may be used in conjunction with a chain-link fence if warranted because of a legitimate security concern related to the health, safety, or general welfare of the public. 3. Vinyl-coated chain link shall be earth-tone or dark in color. ii. Installation of fencing or walls or type of fencing or walls, if used, shall be determined at the discretion of the property owner, and subject to final approval through the site plan process. Fencing shall consist of one or more of the following: masonry, wrought iron style, or steel reinforced prepanelized polyethylene. Vinyl-coated chain link may be used subject to subsection (i). iii. If fencing or walls are used, the location shall comply with all clear sight triangle requirements. iv. Fencing or walls taller than three feet may be permitted in the front yard after review and recommendation by the Development Review Committee and subject to final approval through the site plan review process. v. Fences and walls that require a building permit shall not encroach onto a public utility easement, but may cross it if needed. vi. The maximum height of a utility fence or wall shall be eight feet. f. Landscaping. i. All structures intended for occupancy shall meet the landscaping requirements in Chapter 19.06. All other structures shall meet the requirements below. ii. The park strip adjacent to Public Utility Building or Facility sites and Public Building Sites shall be landscaped with trees spaced no more than 30 feet on-center, rock mulch, and/or additional vegetation. iii. All tree requirements contained in Chapter 19.06 with respect to size and clear sight triangle shall apply. iv. Additional landscaping may be installed on-site at the discretion of the property owner. v. If landscaping is not used internally to the site, the ground shall be prepared to prevent weed growth. vi. Native vegetation may be used to meet the landscaping requirements in this subsection. Irrigation systems are not required if there are no reasonably available water sources and the developer successfully establishes the nonnative vegetation with other means of watering. vii. If water sources are not reasonably available, the tree requirement in this subsection shall not apply. g. Access. Access to the site is required via easements or driveways. h. Site and Architectural design. Public utility buildings and facilities and Public Buildings that are not intended for occupancy shall be exempt from Chapter 19.16, Site and Architectural design standards, and shall comply with the following requirements: i. Buildings shall be constructed of masonry with a standing seam metal roof and include an anti-graffiti coating. ii. Buildings shall include a minimum of a 4:12 gabled pitched roof. iii. Building colors shall be earth-tones. iv. Notwithstanding, nothing in this section shall preclude imposing additional conditions in order to mitigate detrimental effects to the health, safety, and general welfare of the public. v. Temporary/portable structures are prohibited, except for those used by municipalities, and shall not be required to meet the above architectural requirements in this subsection (h).