Hyde Park City Zoning Code

The purpose and intent of this chapter is to allow, in certain areas or zone districts, the compatible integration of land uses which may be suitable and desirable only in certain locations in that zone (1) due to conditions and circumstances peculiar to that location, (2) upon certain conditions that make the use suitable, and/or (3) if such uses are designed, laid out, and constructed on the proposed site in a particular manner.

HISTORY

Adopted by Ord. 2015-03 on 5/13/2015

Amended by Ord. 2016-07 on 11/9/2016

Amended by Ord. 2023-17 on 11/8/2023

A Conditional Use Permit is required for all uses designated in this title and as shown in 12.290 Land Use Table.

HISTORY

Adopted by Ord. 2015-03 on 5/13/2015

Amended by Ord. 2016-07 on 11/9/2016

Amended by Ord. 2019-05 on 4/24/2019

Applications for a Conditional Use Permit shall be made pursuant to the process outlined in 12.10.055 of HPMC. 

HISTORY

Adopted by Ord. 2015-03 on 5/13/2015

Amended by Ord. 2016-07 on 11/9/2016

Amended by Ord. 2019-05 on 4/24/2019

Amended by Ord. 2022-15 on 6/23/2022

Applicants for Conditional Use Permits shall meet all specific requirements outlined in this chapter. In addition, the Land Use Authority may establish reasonable conditions as outlined herein to mitigate the reasonably anticipated detrimental effects of the proposed use. More specifically the Land Use Authority may require:

1. Conditions relating to compliance with the intent of the City’s General Plan and characteristics of the zone district in which the proposed use is located.
2. The placement of conditional uses only in specific areas of the zone district (i.e. along an arterial or collector street);
3. The removal of structures, debris, or plant materials that are incompatible with the desired characteristics of the zone district;
4. The screening of yards or other areas as protection from noxious land use uses and activities;
5. Landscaping to ensure compatibility with the intended neighboring land uses;
6. Limitations or controls on the location, height, and materials of walls, fences, hedges, and screen plantings to ensure harmony with adjacent development, or to conceal storage areas, utility installations, or other unsightly development;
7. The relocation of proposed or existing structures as necessary to provide for street widening or street placement within the area under application, as provided in the City’s General Plan, or to allow for adequate sight distances for general safety, groundwater control, or other similar issues;
8. Modification to allowed population density and intensity of land uses where land capability and/or vicinity relations make it appropriate to do so to protect health, safety, and welfare;
9. Other improvements which serve the property and which may mitigate, in part or in whole, reasonably anticipated detrimental effects of the proposed use; and
10. Other improvements which serve the property and which may compensate, in part or in whole, possible adverse impacts to the zone district from the proposed conditional use.
11. Conditions relating to the safety of persons and property.
12. Where property may be subject to flooding, building elevations and grading plans which will prevent or minimize flood water damage;
13. The relocation, covering, or fencing of irrigation ditches, drainage channels, and other potential attractive nuisances existing on or adjacent to the property;
14. Increased setback distances from parcel or lot lines where the Land Use Authority determines it to be necessary to ensure public safety and to ensure compatibility with the intended characteristics of the zone district, or where the parcel or lot abuts an arterial or collector street;
15. Where property may be subject to geologically hazardous areas (i.e. flood plains, fault zones, landslide areas, or other sensitive lands), appropriate design, construction, and location of structures, buildings, and other facilities including limitations and/or restrictions to use and/or location of use;
16. Limitations and control on the number, location, color, size, height, lighting, and landscaping of signs and structures in relation to the creation of traffic hazards;
17. Plans for the location, arrangement, and dimensions of truck loading and unloading facilities; and
18. Construction of curbs, gutters, drainage culverts, sidewalks, streets, fire hydrants, and street lighting.
19. Conditions relating to health and sanitation.
20. A guarantee of sufficient water to serve the intended land use and a water delivery system meeting the design and construction standards adopted by the City;
21. A wastewater disposal system and a solid waste disposal system meeting the design and construction standards adopted by the City; and
22. Construction of water mains, sewer mains, and drainage facilities serving the proposed use, in sizes necessary to protect existing utility users in the zone district and to provide for the orderly development of land within the City.
23. Conditions relating to environmental concerns.
24. Limitations and/or restrictions on the use and/or location of uses in sensitive areas due to soils capabilities, wildlife, and plant life;
25. Processes for the control, elimination, or prevent of land, water, or air pollution;
26. The prevention of soil erosion or the planting of ground cover or other surfacing to prevent dust and erosion;
27. The control or objectionable odors and noise;
28. Restructuring of the land and planting of the same as directed by the Land Use Authority when the conditional use involves cutting and/or filling the land and where such land would be adversely affected if it is not restructured and re-vegetated.

HISTORY

Adopted by Ord. 2015-03 on 5/13/2015

Amended by Ord. 2016-07 on 11/9/2016

Amended by Ord. 2019-05 on 4/24/2019

Amended by Ord. 2023-17 on 11/8/2023



A accessory caretaker facility may be allowed as a conditional use provided the following conditions are met:

1. Only one (1) dwelling shall be allowed per parcel or lot.
2. Only one (1) family may occupy the dwelling unit.
3. The dwelling unit shall be accessory to the principal use and shall be located within the structure of principal use.
4. Accessory caretaker facilities shall not be rented or leased, but may be considered part of the compensation of the caretaker.
5. A minimum of two (2) parking spaces shall be dedicated for the accessory caretaker facility.
6. The property owner or designated agent shall be responsible to submit to the City a plan which addresses the safety of all residents of the accessory caretaker facility with special emphasis on the safety of children.

HISTORY

Adopted by Ord. 2015-03 on 5/13/2015

Amended by Ord. 2016-07 on 11/9/2016

Amended by Ord. 2019-05 on 4/24/2019

Amended by Ord. 2023-17 on 11/8/2023

1. Purpose. The regulations of this section are intended to allow for drive-up/drive-thru services by reducing the negative impacts they may create. Of special concern are noise from idling cars, voice amplification from order boxes, lighting, and queued traffic interfering with on-site and off-site traffic and pedestrian flow. The specific purposes of this section are to:
2. Reduce noise, lighting, and visual impacts on abutting uses, particularly residential uses;
3. Promote safer and more efficient on-site vehicular and pedestrian circulation; and
4. Reduce conflicts between queued vehicles and traffic on adjacent streets.
5. Applicability.
6. These regulations shall apply to all new drive-up/drive-thru facilities, any rebuild or replacement of an existing structure containing a drive-up/drive-thru facility or modification on an existing building that includes altering the location of an existing drive-up/drive-thru window, or expands the floor area by twenty-five percent (25%) or more of the gross floor area or one thousand (1,000) square feet, whichever is less. The replacement of a building containing a nonconforming drive-up/drive-thru shall be subject to 12.60 of HPMC.
7. Drive-up/drive-thru facilities may be authorized as accessory uses to permitted uses or conditional uses as listed in the table outlined in [ ] of HPMC when developed in accordance with the standards of this section.
8. When Adjacent To Residential (R) Zone. Drive-up/drive-thru windows shall not be located directly adjacent to Residential (R) Zones. Drive-up/drive-thru windows and their stacking lanes/queuing spaces shall be separated by an intervening building (when located on the same side of the street as the drive-up/drive-thru use) or separated by a roadway.
9. Stacking Lanes/Queuing Spaces: Stacking lanes/queuing spaces shall be provided in addition to the required parking spaces for each use as outlined in 12.70 of HPMC. The following number of stacking lanes/queuing spaces shall be provided:

HISTORY

Adopted by Ord. 2015-03 on 5/13/2015

Amended by Ord. 2019-05 on 4/24/2019

Amended by Ord. 2023-17 on 11/8/2023

E. Design Standards. 

1. General requirements.
2. Queuing spaces shall be a minimum of eight feet by sixteen feet (8’ x 16’) in size.
3. Stacking lanes/queuing spaces are strongly discouraged between the building and the street unless there is no other alternative for location of the building and drive-through lane(s) on the site.[1] 
4. A stacking lane/queuing spaces are not required for accessory facilities where vehicles do not routinely stack up while waiting for the service (i.e. window washing, air compressor and vacuum cleaning stations).
5. Traffic circulation requirements.
6. Only one driveway providing vehicular access to and from the drive-up/drive-thru service area shall be provided from any street;
7. The driveway providing access to the service window shall be at least fifty feet (50’) from the back of the curb of an intersecting street measured to the centerline of the proposed driveway;
8. Internal traffic circulation patterns on the site shall be adequate to keep traffic from backing into a street or blocking access to any required parking spaces located on the lot; and
9. A traffic study addressing both on-site and off-site traffic and circulation impacts may be required as part of the approval for a drive-up/drive-through service.
10. All stacking lanes/queuing spaces providing greater than nine (9) spaces shall provide a separate escape lane.
11. Noise levels. Noise emitted from drive-up/drive-thru service windows and related features (i.e. order boxes at outdoor menu boards) shall not exceed levels as established by the Bear River Health Department. Noise-generating equipment includes, but is not limited to, items such as speakers, mechanical car washes, vacuum cleaners, and exterior air compressors.
12. Accessibility.
13. Direct pedestrian entry through the front of the building shall be provided from public streets and sidewalks to the building entrance. The crossing of driveways, stacking lanes/queuing spaces, or parking areas shall be avoided.
14. Well-articulated pedestrian routes and zones shall be provided on the site. Decorative paving, or similar material, complemented by landscaping, shall be used where appropriate to delineate these linkages. 
15. Stacking lanes/queuing spaces may be required by the City to be separated from other internal driveways with raised medians for traffic movement and safety.[2] 

HISTORY

Adopted by Ord. 2015-03 on 5/13/2015

Amended by Ord. 2016-07 on 11/9/2016

Unless there is substantial action under a Conditional Use Permit within a period of one year of its issuance, as determined by the Planning Commission, the Conditional Use Permit shall expire.  The Planning Commission may grant a maximum extension of six months under exceptional circumstances. 

HISTORY

Adopted by Ord. 2015-03 on 5/13/2015

Amended by Ord. 2016-07 on 11/9/2016

Amended by Ord. 2019-05 on 4/24/2019