Chapter 17.95
CONDITIONAL USES
Sections:
17.95.010 What this chapter does.
17.95.030 Conditional use permit required.
17.95.070 General standards and considerations governing conditional uses.
17.95.080 Optional conditions.
17.95.110 Expiration of permits.
17.95.120 Existing conditional uses.
17.95.010 What this chapter does.
This chapter establishes the application requirements and approval process for conditional use permits. [Ord. O-02-2006 § 3 (Exh. 1 § 19.1); Ord. O-23-2005 § 3 (Exh. 1(1) § 19.1)].
17.95.020 Purpose.
The purpose of this chapter is to ensure that land uses designated as conditional in the zoning districts of this title are properly integrated with permitted land uses within the same zone. This chapter also establishes the provisions to prevent nuisances from arising between existing and proposed land uses. [Ord. O-02-2006 § 3 (Exh. 1 § 19.2); Ord. O-23-2005 § 3 (Exh. 1(1) § 19.2)].
17.95.030 Conditional use permit required.
A conditional use permit shall be required for all land uses allowed as conditional uses in the zoning district regulations of this title. The conditional use permit must be granted before a building permit, a certificate of occupancy, and/or the operation of the proposed land use commences. [Ord. O-02-2006 § 3 (Exh. 1 § 19.3); Ord. O-23-2005 § 3 (Exh. 1(1) § 19.3)].
17.95.040 Application.
Only property owners or their duly authorized agents shall make application for a conditional use permit on forms prepared by the planning department. No conditional use application may be processed without the submission of the application, all the supporting materials as required by this chapter and the processing fee. Incomplete applications shall not be processed under any circumstance. When a site plan is required by this title, the site plan application may be processed concurrently with a conditional use application.
A. Supporting Materials. The conditional use application shall be submitted with the materials listed in this section. The planning director and planning commission may determine and require that additional items not listed herein be submitted in order to evaluate the proposed conditional use application. If a development has been previously reviewed (site plan or subdivision approval), or the applicant believes that some of the required supporting materials are not applicable, then the applicant may submit a written statement to identify and clarify why they believe these materials are not needed for review of the project. Upon review of this statement, the planning director or designee may waive the requirements for certain materials relating to improvements that have been reviewed and approved in a previous application process or are not found to be applicable to the project. The following materials must be submitted with a complete application, unless otherwise waived as allowed herein. The number of hard copies and electronic copies, as well as the appropriate format of each, will be determined by the planning director.
1. Ownership Affidavit. A document detailing all covenants, grants of easement or other deed restrictions applicable to the site and an ownership affidavit shall be submitted.
2. Vicinity Map. A vicinity map (which can be included on the site plan) showing the general location of the subject parcel.
3. Context Plan. A context plan including the existing features within 200 feet of the proposed site plan property line. Existing features include, but are not limited to, natural drainages, topography, buildings, ingress and egress points, landscaping areas, pedestrian paths, names of surrounding property owners and their respective locations.
4. Survey. The survey prepared and stamped by a Utah registered land surveyor listing the metes and bounds legal description and the gross acreage within the subject parcel.
5. Site Plan. A site plan is required and must be prepared and stamped by licensed and/or certified professionals.
6. Landscaping Plan. A landscaping plan, prepared and stamped by a licensed landscape architect, indicating the location, spacing, types and sizes of landscaping elements, sprinkler system plans, existing trees, and showing compliance with the city’s off-street parking requirements, the city’s design guidelines and policies, and the requirements of the appropriate zoning district.
7. Grading, Drainage, and Erosion Plan. A grading, drainage, and erosion plan shall be submitted. The report shall contain the drainage basin map and a plan view of the overall storm water system. The grading, drainage, and erosion plan shall address the following issues: description of features and hydrological conditions; drainage basin and subbasin; drainage facility design criteria; infrastructure design criteria; grading plan; and erosion control. Specifically, the report shall contain at a minimum the following information:
a. The existing roadways, drainage ways, vegetation and hydrological conditions of a 10-year, 24-hour event and a 100-year, 24-hour event.
b. The major basin descriptions referencing all major drainage reports such as FEMA, major drainage planning reports, or flood insurance maps and the basin characteristics and planned land uses.
c. The subbasin description showing the historical drainage pattern and off-site drainage patterns both upstream and downstream of the property.
d. A general discussion of how the proposed system conforms to existing drainage patterns and off-site upstream drainage will be collected to protect development.
e. The water quality evaluation showing the water quality shall not be degraded from existing storm water quality, including how solids are collected and not allowed to be discharged into downstream waters and how oils and greases are separated from storm water.
8. Lighting Plan. A lighting plan, which indicates the illumination of all interior areas and immediately adjoining streets, showing the location and direction of lighting at the property lines, and type of lighting proposed.
9. Elevations. Elevations of all buildings, fences and other structures viewed from all sides indicating heights of structures, the average finished grade of the site at the foundation area of all structures, percentage of building materials proposed, and color of all materials. A letter of approval from the applicable architectural review committee must also be submitted.
10. Traffic Impact Study. A traffic impact study (completed by a professional that is competent in the field of traffic engineering) may be required if it is estimated by the city engineer that the project could generate trips for any given time period in excess of 25 percent of the existing volume of traffic on adjacent street systems or at their professional discretion. Said study shall include, but not be limited to, the following: an analysis of the average daily trips generated by the proposed project; an analysis of the distribution of trips on city street systems; a description of the type of traffic generated.
11. Signage Plan. A signage plan shall be submitted as required by Title 1 Section 15.7.2 and in accordance with the submittal requirements contained in EMMC 17.80.040(A).
12. Public Notice. Addressed and stamped envelopes (the city’s address will be the return addresses on the envelopes) of property owners located within 600 feet of the proposed conditional use (including a minimum of at least 25 adjacent property owners).
13. Fee. The processing fee required by the current consolidated fee schedule approved by the city council. [Ord. O-02-2006 § 3 (Exh. 1 § 19.4); Ord. O-23-2005 § 3 (Exh. 1(1) § 19.4)].
17.95.050 Approval process.
The approval process for a conditional use permit shall be as follows:
A. Planning Commission Public Hearing. Upon receipt of a completed application and subsequent review by the planning director or designee, the application shall be placed on the next available planning commission agenda for a public hearing no more than 28 days after a complete application has been submitted. The planning director shall cause all property owners within 600 feet of the boundaries of the proposed application area (including a minimum of at least 25 adjacent property owners and affected entities if there be any) to be notified by first class mail of the time and place of the public hearing at least 10 days prior to the planning commission meeting. A copy of the public notice of the hearing shall also be posted in three public places (including the city offices) within the city at least 10 days prior to the hearing.
B. Planning Commission Review. The planning commission will review each application and may approve, approve with conditions, or deny the application based upon findings of facts. The planning commission may also defer action if an applicant fails to appear at the commission meeting or there is insufficient application information provided.
C. City Council Review. The action of the planning commission shall be final unless a member of the city council requests that the conditional use application be reviewed by the city council within 15 days of the planning commission’s action. If a conditional use application is placed upon a city council meeting for action, the city council shall be the land use authority. [Amended during 2008 codification; Ord. O-02-2006 § 3 (Exh. 1 § 19.5); Ord. O-23-2005 § 3 (Exh. 1(1) § 19.5)].
17.95.060 Determination.
The planning commission may approve any conditional use permit located within any zone in which the particular conditional use is allowed by the use regulations of this title. In approving any conditional use, the planning commission may impose such requirements and conditions necessary for the protection of adjacent properties and the public interest. The planning commission shall approve a conditional use permit upon determining the following finding of facts:
A. Desired Use. That the proposed use of the particular location is necessary or desirable to provide a service or facility which will contribute to the general well-being of the community and the neighborhood;
B. Health, Safety, and Welfare. That such use will not, under the circumstances, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity and will not institute a nuisance to property owners;
C. Compliance with Title. That the proposed use will comply with regulations and conditions specified in this title for such use;
D. General Plan. That the proposed use does not conflict with the intent of the Eagle Mountain City general plan. [Ord. O-02-2006 § 3 (Exh. 1 § 19.6); Ord. O-23-2005 § 3 (Exh. 1(1) § 19.6)].
17.95.070 General standards and considerations governing conditional uses.
In reviewing an application for a conditional use permit, the staff and planning commission shall review, but not limit their review to, the following considerations and standards:
A. The site of the structure or use, and in particular:
1. Adequacy of Site. The adequacy of the site to accommodate the proposed use or building and all related activities.
2. Screening. The location and possible screening of all outdoor activities.
3. Adjoining Uses. The relation of the proposed building or use to any adjoining building with particular attention to protection of light, air, peace and quiet.
4. Displays and Signage. The location and character of any display of goods and services and the size, nature, and lighting of any signs.
B. Traffic circulation and parking, and in particular:
1. Street. The type of street serving the proposed use in relation to the amount of traffic expected to be generated.
2. Access. The adequacy, convenience, and safety of provisions for vehicular access and parking, including the location of driveway entrances and exits.
3. Truck Traffic. The amount, timing, and nature of associated truck traffic.
C. The impact of the proposed building or use on surrounding uses, and in particular:
1. Impact of Patrons. The number of customers or users and the suitability of the resulting activity level to the surrounding uses and especially to any neighboring uses of public importance such as schools, libraries, playgrounds, religious or cultural meeting halls, and hospitals.
2. Hours of operation.
3. Off-Site Effects. Adequacy of provisions for the control of any off-site effects such as noise, dust, odors, light, or glare, etc.
4. Special Hazards. Adequacy of provisions for protection of the public against any special hazards arising from the intended use.
5. Public Convenience. The degree to which the location of the particular use in the particular location can be considered a matter of public convenience and necessity. [Ord. O-02-2006 § 3 (Exh. 1 § 19.7); Ord. O-23-2005 § 3 (Exh. 1(1) § 19.7)].
17.95.080 Optional conditions.
Applicants for conditional use permits shall meet all applicable requirements of this title. In addition, the planning commission may establish conditions and requirements as part of the approval that address concerns regarding safety for persons and property, health and sanitation, nuisances, master plan proposals, and neighborhood needs. Specifically, the planning commission may require:
A. Conditions Relating to Safety of Persons and Property.
1. Flooding. Building elevations and grading plans which will prevent or minimize flood water damage, where property may be subject to flooding.
2. Attractive Nuisances. The relocation, covering, or fencing of irrigation ditches, drainage channels, and other potential attractive nuisances existing on or adjacent to the property.
3. Increased Setbacks. Increased setback distances from lot lines where the planning commission determines it to be necessary to ensure the public safety and to prevent nuisances to adjacent properties.
4. Geological Hazards. Appropriate engineering, design, construction, and location of structures, buildings, and facilities, and limitations and/or restrictions on the use and/or location of uses due to slope or other special site conditions, including but not limited to geologically hazardous areas, floodplains, fault zones, and landslide areas.
5. Lighting. Limitations and control of the number, location, color, size, height, lighting, and landscaping of outdoor advertising signs and structures so far as they may present traffic hazards or interfere with full use of environment of adjacent properties.
6. Truck Docks. Plans for the location, arrangement, and dimensions of truck loading and unloading facilities.
7. Construction of Improvements. Construction of curbs, gutters, drainage culverts, sidewalks, streets, fire hydrants, and street lighting.
B. Conditions Relating to Health and Sanitation.
1. Culinary Water. A guarantee of sufficient culinary water to serve the intended land use and a water delivery system meeting standards adopted by the city council.
2. Wastewater. A wastewater disposal system and a solid waste disposal system meeting standards adopted by the city council.
3. Sizing of Utilities. Construction of water mains, sewer mains, and drainage facilities serving the proposed use, in sizes necessary to protect existing utility users in the vicinity and to provide for an orderly development of land.
C. Conditions Relating to Environmental Issues.
1. Pollution. Processes for the control, elimination, or prevention of land, water, or air pollution; the prevention of soil erosion; and control of objectionable odors and noise.
2. Dust and Erosion. The planting of ground cover or other surfacing to prevent dust and erosion.
3. Restoration of Land. Restoration of the land and planting of the same as directed by the planning commission when the conditional use involves cutting and/or filling the land, and where such land would be adversely affected if not restructured.
D. Conditions Relating to Compliance with the Intent of the General Plan and Characteristics of the Vicinity or Neighborhood.
1. Removal of Incompatible Materials. The removal of structures, debris, or plant materials incompatible with the intended characteristics of the zone outlined in this title.
2. Screening. The screening of yards or other areas as protection from obnoxious land uses and activities.
3. Landscaping. Landscaping to ensure compatibility with the intended characteristics of the zone as outlined in this title.
4. Fences and Screening. Limitations or controls on the location, heights, and materials of walls, fences, hedges, and screen plantings to ensure a buffer between adjacent development, or to conceal storage areas or utility installations.
5. Relocation of Proposed or Existing Structures. The relocation of proposed or existing structures as necessary to provide for future streets on the master street plan of Eagle Mountain, adequate sight distance for general safety, ground water control, or similar problems.
6. Population Density. Population density of land use limitations where land capability and/or vicinity relationships make it appropriate to do so to protect health, safety, and welfare. [Ord. O-02-2006 § 3 (Exh. 1 § 19.8); Ord. O-23-2005 § 3 (Exh. 1(1) § 19.8)].
17.95.090 Inspection.
Following issuance of a conditional use permit by the planning commission or city council, the city staff shall ensure that development is completed in compliance with the conditional use permit and building permit. The planning commission may request that conditional use applications be placed upon their agenda for review to ensure compliance with the conditions or requirements of approval as necessary. Failure to comply with the conditions or requirements of approval may result in the conditional use permit being revoked. [Ord. O-02-2006 § 3 (Exh. 1 § 19.9); Ord. O-23-2005 § 3 (Exh. 1(1) § 19.9)].
17.95.100 Noncompliance.
Owners of property where a conditional use application has been approved shall be responsible for their property’s compliance with the city’s ordinances and conditions of approval. Property owners that fail to maintain or violate the city’s ordinances regulating conditional uses or conditions of approval that were contingent upon issuing the permit may have the conditional use permit revoked by the planning commission. Notice shall be given to the property owner that they have 14 days to correct a violation before the permit is revoked. [Ord. O-02-2006 § 3 (Exh. 1 § 19.10); Ord. O-23-2005 § 3 (Exh. 1(1) § 19.10)].
17.95.110 Expiration of permits.
Conditional use permits that comply with the conditions and requirements of approval shall continue to be valid. Changes in the land use regulations shall not cause the approved conditional use permit to be revoked. In these cases the approved conditional use permit shall be classified as a nonconforming conditional use permit and shall be allowed to continue unless it is abandoned for a period of 12 months or more in accordance with Chapter 17.05 EMMC, General Provisions.
A change in tenancy, ownership or management of a conditional use shall not affect the status of a conditional use (with the exception of home businesses), which remains otherwise unchanged, nor shall such a change be interpreted to permit a departure from the conditions of approval and the approved plans. [Ord. O-41-2021 § 1 (Exh. A); Ord. O-02-2006 § 3 (Exh. 1 § 19.11); Ord. O-23-2005 § 3 (Exh. 1(1) § 19.11)].
17.95.120 Existing conditional uses.
In the case of a use existing prior to its present classification by this title as a conditional use, any change in use or in lot area shall be made only in conformance with the requirements of this chapter. [Ord. O-02-2006 § 3 (Exh. 1 § 19.12); Ord. O-23-2005 § 3 (Exh. 1(1) § 19.12)].