The conditional use process is intended to provide greater flexibility in land uses while at the same time preserving neighborhood character and assuring compatibility between the conditional uses, the permitted uses and the uses on adjoining properties, and the community at large. Conditional uses will be subject to review and may be allowed subject to conditions imposed for the purpose of preserving the character of the zoning district and mitigating potential adverse affects of the conditional use. Where conditions of the use cannot be devised to satisfactorily mitigate adverse impacts of the conditional use, the application for a conditional use approval shall be denied.

(Ord. 2015-04, 11/10/2015)

A conditional use permit shall be required for all land uses allowed as conditional uses in the zoning district regulations of this land use ordinance. The conditional use permit must be granted before a building permit, business license, certificate of occupancy, and/or the excavation or alteration of property for the proposed land use commences. A conditional use permit runs with the land.

(Ord. 2015-04, 11/10/2015)

Only property owners or their duly authorized agents shall make application for a conditional use permit on forms prepared by the Kamas City 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. The city planner and/or planning commission may determine and require that additional items not listed herein be submitted in order to evaluate the proposed conditional use application. Incomplete applications shall not be processed under any circumstances. When a site plan is required by this ordinance, the site plan application may be processed concurrently with a conditional use application.

The following items, as well as other information required by Kamas City to address the factors and standards described herein may be required as part of the Conditional Use process:

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 showing the general location of the subject parcel.

3.

Concept plan. A concept plan including the existing features within 200 feet of the proposed site plan property line, including but 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 or legal description. 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 a licensed and/or certified professional.

6.

Fencing and screening. Fencing and/or screening may be required to minimize the impact of certain conditional uses on adjoining properties. This may be handled on a case by case basis.

7.

Landscaping plan. A landscaping plan indicating the location, spacing, types and sizes of landscaping elements, and showing compliance with the Kamas City's off-street parking requirements, and the requirements of the appropriate zoning district.

8.

Grading, drainage, snow storage and erosion plan (where applicable). A grading, drainage, snow storage and erosion plan shall be submitted containing the following information:

a.

The existing roadways, drainage ways, vegetation and hydrological conditions of a ten-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 sub-basin description showing the historical drainage pattern and off-site drainage patterns both upstream and downstream of the property.

d.

Adequate areas for on-site snow storage/removal must be determined prior to approval of the conditional use permit.

e.

A general discussion of how the proposed system conforms to existing drainage patterns and off-site upstream drainage will be collected to protect development.

f.

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.

9.

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 all types of lighting proposed.

10.

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.

11.

Traffic impact study. A traffic impact study 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.

12.

Signage plan. A signage plan shall be submitted in accordance with KMC 15.25 of this land use ordinance.

13.

Public notice. Addressed and stamped envelopes of property owners located within 1,000 feet of the proposed conditional use.

14.

Fee. The processing fee required by the current Kamas City Fee and Rate Schedule.

The required items shall be determined at the pre-application conference as stated in KMC 15.23.040(1).

(Ord. 2015-04, 11/10/2015; Ord. No. 2021-02, § 1(Exh. A), 6/22/2021)

The approval process for a conditional use permit that is not an administrative conditional use permit shall be as follows:

1.

Pre-application conference between staff and applicant to determine the nature of the use and general nature of conditions that might be imposed.

2.

Filing of application, site plan and application fee.

3.

Review of application with staff.

4.

Notice. Upon receipt of a complete application and fees, the city planner shall schedule the application for a public hearing before the planning commission. A copy of the public notice of the hearing shall be provideed in accordance with the governing law.

5.

Public hearing. The planning commission will review each application and may approve, approve with conditions, or deny the application based upon finding of the 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. The planning commission shall recommend approval or denial of the proposed conditional use to the city council for their review.

6.

City council review. The city council may approve, amend and approve or deny the conditional use as recommended by the planning commission. If the conditional use is approved, the city council shall identify all conditions of approval and the reasons supporting such conditions on the record.

(Ord. 2015-04, 11/10/2015; Ord. No. 2021-02, § 1(Exh. A), 6/22/2021; Ord. No. 2021-05, § 1(Exh. A), 8/10/2021)

Kamas City shall not issue a conditional use permit unless the planning commission concludes that the application mitigates the reasonably anticipated adverse impacts of the proposed use and complies with the all applicable federal, state, and city standards or conditions can be imposed to accomplish the required mitigation and compliance. Where Kamas City has not adopted a standard regarding a proposed use, the city shall require compliance with a reasonable and objective federal, state, county, or industry standard.

1.

General review criteria. 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 where applicable to the application, and impose reasonable conditions based on such considerations and factors:

a.

The site of the structure or use, and in particular:

i.

Adequacy of site. The adequacy of the site to accommodate and contain the proposed use or building and all related activities and impacts.

ii.

Screening. The location and possible screening of all outdoor activities.

iii.

Adjoining uses. The relation of the proposed building or use to any adjoining building with particular attention to protection of light, air, noise, dust, vibrations, fumes, odors, and peace and quiet.

iv.

Displays and signage. The location and character of any display of goods and services and the size, nature and light of any signs.

v.

Traffic circulation and parking. 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 entrance and exits.

(3)

Truck traffic. The amount, timing, and nature of associated truck traffic.

vi.

Site features. The presence of important or sensitive features that may require additional mitigation or preservation efforts, such as natural or existing vegetation, water features, wetlands, wildlife habitats, view sheds, green spaces, scenic points, and historic sites.

b.

The impact of the proposed building or use on surrounding uses, and in particular:

i.

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.

ii.

Hours of operation.

iii.

Off-site effects. Adequacy of provisions for the control of any offsite effects such as noise, dust, odors, light, or glare, etc.

iv.

Special hazards. Adequacy of provisions for protection of the public against any special hazards arising from the intended use.

v.

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.

c.

Conditions relating to safety of persons and property.

i.

Flooding. Building elevations and grading plans, which will prevent, or minimize flood water damage, where property may be subject to flooding.

ii.

Attractive nuisances. The relocation, covering, or fencing of irrigation ditches, drainage channels, and other potential attractive nuisances existing on or adjacent to the property.

iii.

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.

iv.

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; flood plains, fault zones, and landslide areas.

v.

Lighting. Limitations and control of the number, location, color, size, height, type of lighting, and landscaping of outdoor advertising signs and structures that may present traffic hazards or interfere with adjacent properties.

vi.

Delivery locations. Plans for the location, arrangement, and dimensions of truck loading and unloading facilities.

vii.

Hours of operation. Delivery hours to be taken under consideration.

viii.

Construction of improvements. Construction of curbs, gutters, drainage culverts, sidewalks, streets, fire hydrants, and street lighting.

ix.

UDOT approval.

d.

Conditions relating to health and sanitation.

i.

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.

ii.

Wastewater. A wastewater disposal system and a solid waste disposal system meeting standards adopted by the city council.

iii.

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.

iv.

Letter of approval or consent from other utility providers including but not limited to sewer, phones, gas, etc.

e.

Conditions relating to environmental issues.

i.

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.

ii.

Dust and erosion. The planting of ground cover or other surfacing to prevent dust and erosion.

iii.

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.

iv.

Sensitive lands, waters, and habitats. Identification and mitigation of impacts to the sensitive environmental features.

f.

Conditions relating to compliance with the intent of the general plan and characteristics of the vicinity or neighborhood.

i.

Removal of incompatible materials. The removal of structures, debris, or plant materials incompatible with the intended characteristics of the zone outlined in this chapter.

ii.

Screening. The screening of yards or other areas as protection from obnoxious land uses and activities.

iii.

Landscaping. Landscaping to insure compatibility with the intended characteristics of the zone as outlined in this chapter.

2.

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 approve, deny or conditionally approve an application for each of the following conditional uses:

a.

Adult/sexually oriented businesses. The purpose and objective of this chapter is to establish reasonable and uniform regulations to prevent the concentration of adult-oriented businesses or their location in areas detrimental to the health, safety and welfare of Kamas City, and to prevent inappropriate exposure of such businesses to the community. This chapter regulates the time, place, and manner of the operation of sexually-oriented businesses, consistent with the United States and Utah State Constitutions.

i.

No adult/sexually oriented business may be located within 600 feet of any:

(1)

School, day care facility, cemetery, public park, library, or religious institution;

(2)

Residential zoning boundary; or

(3)

Liquor store.

ii.

For the purposes of this section, distance is measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which the adult-oriented business is located and:

(1)

The closest exterior wall of another adult-oriented business;

(2)

The closest property line of any school, day care facility, public park, library, cemetery or religious institution; and

(3)

The nearest property line of any residential zone.

b.

Animal hospital/kennel. Each application for a business license for an animal hospital or kennel must be accompanied by an application for a conditional use permit if the use is listed as a conditional use for the zone. A site plan, drawn to scale, showing the building lot and dimensions, building locations, landscaping, existing trees and shrubbery and off-street parking facilities shall also be submitted. In addition to the general criteria contained in this section, the following apply:

i.

Facilities design. The facilities have been designed to minimize impacts to adjoining and/or adjacent property owners and uses, including number of animals, noise and odor, and are in compliance with these regulations and other local, state or federal facility requirement, if any. Buildings, runs, pens, enclosures, stables, and corrals housing agricultural animals shall be set back at least 30 feet from any property line and shall be at least 50 feet from any residential structure.

ii.

Environmental health. Animal waste and wastewater are properly disposed of and potential disease vectors are controlled.

iii.

Supervision and record keeping. The facilities will be adequately supervised, and records kept in accordance with all local, state and federal ordinances, laws, and rules and regulations.

iv.

Animal welfare. Proper attention has been paid to animal welfare, including isolation as necessary, veterinary services, escape prevention and emergency evacuation.

v.

Licensure. Applicant has properly applied for or received all required local, state and/or federal required licenses, if any.

vi.

Fencing. Adequate fencing will be installed to contain the animals housed within the facility.

c.

Dwelling, twinhome or multi-family. Each application for multi-family residential development must be accompanied by an application for a conditional use permit. All procedures and design standards must be in compliance with the provisions as outlined in KMC 15.11 of this land use ordinance.

d.

Height limit exceptions. The height regulations do not apply to the following structures or projections, provided such structures or projections are set back a horizontal distance at least equal to their height from any property line:

i.

Water towers, antennas, utility poles, church steeples, chimneys, farm silos, windmills, flagpoles, or other similar structures.

ii.

Rooftop structures such as ventilating fans and other mechanical appurtenances.

In no case shall any freestanding or rooftop structure above the maximum permitted height be used for the purpose of providing additional floor space for residential, commercial or industrial purposes.

e.

Intermittent commercial uses. The occasional use of dwellings, community buildings, private clubs, lodges, social or recreational establishments and/or their accessory buildings for commercial purposes may be allowed upon receiving a conditional use permit and provided that there is compliance with the provisions of this section. The following standards shall apply to all intermittent commercial uses in addition to any conditions the city planner deems necessary and desirable to protect the public health, safety and general welfare.

i.

The building proposed for the intermittent commercial use must comply with setback and clear vision area requirements of this ordinance and with applicable building and fire codes.

ii.

A business license from Kamas City is required to conduct an intermittent commercial use.

iii.

Adequate off-street parking is provided to serve the commercial use that does not create a parking shortage for other existing uses on site.

iv.

The use does not cause noise, light, or glare which adversely impacts surrounding uses.

f.

Landscape services. Each application for a business license for landscape services must be accompanied by an application for a conditional use permit. The following standards must apply for each application:

i.

All loading and unloading zones will be designated to off-street areas.

ii.

All materials will be stored on site.

iii.

Ample off-street parking will be provided for customers and staff.

iv.

Adequate security must be supplied by the applicant.

g.

Public utility stations. Public utility stations shall meet the following requirements:

i.

Each station shall be located on a lot not less than 2,000 square feet in area.

ii.

Each station shall be located on a lot that has adequate access from a street, alley, or easement.

iii.

Each station shall be provided with a yard on each of the four sides of the building or structures not less than five feet in width, except that for such stations located on lots fronting on a street and abutted by one or more residential lots, the front, side, and rear yards should equal those required for a single-family residence in the same district.

h.

Recreational vehicle park. Each application for a business license for a recreational vehicle park must be accompanied by an application for a conditional use permit. All procedures and design standards must be in compliance with the provisions as outlined in KMC 15.13 of this Code.

i.

RV and boat/self-storage. Each application for a building permit and business license for RV and boat/self-storage in the Light Industrial Zone must be accompanied by an application for a conditional use permit. In addition to the general criteria in KMC 15.23.050.1 and KMC 15.23.050.2, the following conditions shall apply:

i.

The minimum area of a parcel or lot to be used for RV and boat/self storage shall be no less than two acres.

ii.

A self-storage facility shall not be permitted on a lot which has street frontage on SR 32, SR 248, or Hwy 150.

iii.

Fencing shall be consistent with KMC 15.15.040.

iv.

Maximum lot coverage of all buildings shall not exceed 50 percent of the total lot area.

v.

The facility shall be properly lighted and all lighting standards shall be hooded and directed away from residential properties.

vi.

Maximum building height shall not exceed 18 feet.

vii.

Fire suppression equipment and devices shall be provided and properly maintained on the premises to the satisfaction of the fire department.

viii.

No repair or maintenance work on vehicles shall be permitted on the premises.

j.

Telecommunications facility. The purpose of this section is to establish general requirements for the siting of wireless telecommunications facilities. The intent is to:

i.

Encourage the location of facilities in non-residential areas.

ii.

Minimize the total number of monopole facilities throughout the community.

iii.

Encourage the joint use of new and existing communications sites.

iv.

Encourage providers of facilities to locate them where the adverse impact on the community is minimal.

v.

Encourage providers of facilities to use innovative design to minimize adverse visual impact.

vi.

Enhance the ability of the providers of telecommunication services to provide such services to the community quickly, effectively, and efficiently.

The building inspector may require each non-maintained or abandoned telecommunications facility to be removed from the building or premise when such a facility has not been repaired or put into use by the owner or agent within 90 calendar days after notice of non-maintenance or abandonment is given to the owner or agent. The applicant shall post a site specific bond when a permit is issued to guarantee removal of the facility and site restoration. The type of bond and amount shall be determined upon review by the city council on a case by case basis.

k.

Temporary outdoor use. Temporary vendors must:

i.

Notify the city of date, place and duration of their intended use along with permission in writing from the property owner or event organizer.

ii.

Have the use setback five feet from any public street, sidewalk, or right-of-way. Setback distance on corner lots shall be 25 feet.

iii.

Last no longer than 72 hours.

l.

Towing/impound yard. It shall be unlawful for any person to conduct, maintain or operate a towing/impound yard within Kamas City unless such person shall first obtain a conditional use permit, comply with all the standards and conditions required by such approval, and comply with all other required city, county, state and federal regulations.

i.

All towing and impound yards shall be surrounded by a solid visual barrier fence that complies with state regulations for all frontages along a public street and between zoning districts. These visual barriers may be increased in style, height or durability as determined by the planning commission. The intent of this requirement is to screen the vehicle storage areas from outside of the property.

ii.

All towing and impound yards shall hard surface the entire vehicle storage parking and maneuvering areas with concrete, asphalt or approved engineered dustless surface.

iii.

All towing and impound yards shall not add to the contamination of the soil or alter ground water flow in such a way that creates hazards to the proposed site, adjoining properties, or the city.

iv.

Permanent landscaping shall be designed and installed that complies with the requirements of the underlying zone.

v.

Towing and impound yards shall be maintained free of organic waste or inappropriately stored flammable materials.

vi.

All towing and impound yards shall hold a current Kamas City Business License.

vii.

Identification and business signage shall be in compliance with KMC 15.26 of this Code.

(Ord. 2015-04, 11/10/2015; Ord. 2017-01, 3/14/2017; Ord. 2017-02, 3/14/2017; Ord. 2018-05, 9/11/2018; Ord. No. 2021-02, § 1(Exh. A), 6/22/2021; Ord. No. 2021-05, § 1(Exh. A), 8/10/2021; Ord. 2022-08, § 1(Exh. A), 5/10/2022)

1.

Inspection.Following issuance of a conditional use permit by the 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 on 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 revocation of the conditional use permit.

2.

The city council may revoke the conditional use permit of any person upon finding that the holder of the permit has failed to comply with any of the conditions imposed at the time the permit was issued. The city shall send notice of noncompliance as a warning. If the conditions of the permit are not adhered to in a timely manner, the CUP will be revoked and the holder of the permit shall immediately cease any use of the property which was based on the conditional use permit.

3.

If the city revokes any permit under this section, the holder of the permit shall have a right to appeal the revocation of the permit. The holder must file the appeal with the city recorder within ten days of the date of the notice that the city has revoked the conditional use permit.

4.

Upon receipt of the appeal, the city council shall set a hearing on the appeal at its next regularly scheduled meeting which is more than ten days after the time that the city recorder received the appeal. The city shall supply the permit holder of the time, date and place of the hearing at least ten days before the hearing. At the hearing, the permit holder shall have the right to be heard on the revocation.

(Ord. 2015-04, 11/10/2015; Ord. No. 2021-02, § 1(Exh. A), 6/22/2021)

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. A change in tenancy, ownership or management of a conditional use shall not affect the status of a conditional use nor shall such a change be interpreted to permit a departure from the conditions of approval and the approved plans.

Action authorized by a conditional use permit must commence within one year of the time the permit was issued. If the permit holder has not commenced action under the permit within this time, the permit shall expire and the holder must apply for a new permit. The planning commission may grant an extension for good cause shown. Only one extension may be granted and the maximum extension shall be six months. In order to obtain an extension, the permit holder must apply for an extension in writing before the expiration of the original permit. The application must be submitted to the city recorder and the application must describe the cause for requesting the extension.

(Ord. 2015-04, 11/10/2015)

All conditional use permits may be reviewed annually or as often as deemed necessary to ensure compliance with the conditions placed upon the permit at the time of issuance.

(Ord. 2015-04, 11/10/2015)

1.

When a use or structure is allowed as an administrative conditional use, the use shall be approved pursuant to an application submitted to the city as set forth herein:

a.

The city planner or designee shall require such information and materials as are necessary to ensure that the proposed use or structure complies with all applicable city standards. Such information may include site plans, construction plans, parking plans, written letters of approval from property owners, and details of hours and location of operation.

b.

The applicant shall submit all application forms, information, and fees, and no application shall be entitled to review or approval until all such materials have been submitted.

c.

Upon receiving all required information and materials, the city planner or designee shall review and approve the administrative conditional use in writing if the information and materials demonstrate compliance with all applicable city standards. The city planner may impose reasonable conditions upon the approval that require compliance with objective standards adopted by the city.

d.

A public meeting or hearing is not required to approve an administrative conditional use.

e.

The city planner or designee may deny an administrative conditional use application if the use does not conform to the requirements of city code. Such denial shall be in writing, identify the reasons for denial, and delivered to the applicant.

f.

Any person may appeal the city planner's decision within 15 days of the date of said decision. The appeal shall be directed to the next regular meeting of the planning commission at which agenda time is available and notice requirements can be met.

2.

The violation of any city standard, requirement, or condition of approval may result in the revocation of the administrative conditional use permit and any associated permit or license issued by the city.

3.

Home occupation. Home occupations are an administrative conditional use that are approved pursuant to an application for a business license for a home occupation according to the following standards:

a.

Home occupation licenses are not required for any commercial use of a residence that is entirely contained within the residence, does not require any external evidence of the commercial use, does not result in additional parking or customer visits, and does not result in any offsite impacts from the commercial use.

b.

Home occupations operated by persons who do not own the property may be permitted if the person leases or rents the property and the person obtains written documentation demonstrating that the property owner approves the proposed home occupation and agrees to enforce the standards described herein.

c.

The owner of the residence shall ensure that the proposed use conforms to the following requirements:

i.

The occupation is contained within a residential residence in complete conformity with current International Building Code as adopted by Kamas City and does not require use of the yard.

ii.

The occupation does not involve outdoor storage, nor visible parking/storage of any vehicle in excess of 12,000 pounds gross vehicle weight.

iii.

The occupation does not include identifying signage in excess of a six square foot name plate, attached to the dwelling.

iv.

The occupation does not alter the residential character or appearance of the dwelling or neighborhood.

v.

The occupation does not occupy more than 25 percent of the dwelling.

vi.

The occupation does not generate business-related vehicular traffic in excess of three vehicles per hour.

vii.

The occupation does not cause a demand for municipal services in excess of that associated with normal residential use.

viii.

The occupation is not a mortuary, animal hospital, kennel, clinic, hospital, RV storage yard, junkyard, auto repair service, commercial stable, or adult oriented business.

(Ord. No. 2021-05, § 1(Exh. A), 8/10/2021)