The Town shall not issue a Conditional Use Permit unless the Planning Commission concludes that the application fully mitigates all identified adverse impacts and complies with the following general standards applicable to all conditional uses, as well as the specific standards for the use.  

1. GENERAL REVIEW CRITERIA. An applicant for a conditional use in the zone must demonstrate:
   1. The application complies with all applicable provisions of this title, state and federal law;
   2. The structures associated with the use are compatible with surrounding structures in terms of use, scale, mass and circulation;
   3. If the size of the structure is enlarged upon a new conditional use permit must be applied for;
   4. The use is not detrimental to the public health, safety and welfare;
   5. The use is consistent with the Levan Master Plan, as amended;
   6. Traffic conditions are not adversely effected by the proposed use including the existence of or need for dedicated turn lanes, pedestrian access, and capacity of the existing streets;
   7. Sufficient utility capacity;
   8. Sufficient emergency vehicle access;
   9. Location and design of off-street parking as well as compliance with off-street parking standards provided for in LMC 16.10.080;
   10. Fencing, screening, and landscaping to separate the use from adjoining uses and mitigate the potential for conflict in uses;
   11. Compatibility of the proposed mass, bulk, design, orientation, and location of the structures on the site; including compatibility with buildings on adjoining lots and to the street;
   12. Exterior lighting that complies with the lighting standards of the zone and is designed to minimize conflict and light trespass with surrounding uses; and
   13. Within and adjoining the site, impacts on the aquifer, slope retention, flood potential have been fully mitigated and the proposed structure is appropriate to the topography of the site.
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 condition an application for each of the following conditional uses:
   1. CONDITIONAL USE
      1. Child Care Facility/Center: Each application for child care facility or center must include:
         1. Proof of a state Child Care license;
         2. Compliance with state, federal and local law;
         3. A design which precludes a front yard playground and signage in excess of a two (2) square foot nameplate; and
         4. A delivery, traffic and parking plan which adequately mitigates the adverse impacts of increased traffic generation on the neighborhood in which it is located.
      2. Assisted Living/Senior Housing/Congregate Care. Each application for an assisted living, senior housing or congregate care use must comply with the following:
         1. The maximum number of residents shall be: eight (8) for structures fronting on public streets smaller than collector streets; and
         2. Sixteen (16) for structures fronting on public streets considered collector streets or larger.
         3. A complete application shall include: proof of state license for assisted living, senior housing, congregate care, or its equivalent;
         4. A design, residential in character and architecturally compatible with the neighborhood, which adequately screens the use from neighboring lots; complies with Utah department of health standards;
         5. An outdoor lighting plan which adequately screens lighting to mitigate its impact on surrounding uses;
         6. A sign plan which includes no more than two (2) square feet of signage for facilities on public streets smaller than collector streets, and monument signs not to exceed thirty-two (32) square feet for facilities on public streets considered collector streets or larger; and
         7. A delivery, traffic and parking plan which adequately mitigates the adverse impacts of increased traffic generation on the neighborhood in which it is located.  The parking plan should propose parking appropriate to the proposed use of the facility, which plan may propose parking below the standards listed in LMC 16.10.080.
      3. Accessory Structure (Occupied). New development of an accessory structure intended for human occupancy is a conditional use and shall meet the following development standards: proximity:  the accessory structure must be located no less than six feet (6’) from the main building.
         1. Setbacks: The accessory structure must be located in either the rear or side yard, with no less than a ten foot (10') setback from the rear and side lot lines, unless the accessory structure is located at the front yard setback of an adjacent corner lot, in which case, the side yard setback to the nearest side lot line must be at least fifteen feet (15').
         2. Building Area: The maximum area of an occupied accessory structure is the larger of nine hundred (900) square feet or thirteen percent (13%) of the lot area. No more than six hundred (600) square feet of the accessory structure shall be used for human occupancy.
         3. Commercial Uses: Each application for a neighborhood commercial use shall demonstrate that the proposed use: is pedestrian oriented and shall primarily serve the neighborhood in which it is located;
         4. Is limited in size to a maximum footprint of one thousand five hundred (1,500) square feet;
         5. Has a maximum of four (4) on-site parking spaces that shall be located in the rear of the building;
         6. Is architecturally compatible with the underlying zone;
         7. Shall operate no earlier than 7 a.m.  and no later than 10 p.m.;
         8. Includes no outdoor storage nor an outdoor display of merchandise, but may include outdoor dining;
         9. Includes a delivery plan which adequately mitigates its impact on the residential neighborhood in which it is located;
         10. Screens light trespass to adequately mitigate lighting impacts on surrounding uses;
         11. Does not require a lot combination or consolidation of existing platted lots; and
         12. Includes the owner’s covenant to comply with the foregoing, which covenant shall run with the conditional use permit.
         13. Accessory apartments: Each application for an accessory apartment shall include: a site plan, which demonstrates one additional, paved, off-street parking space for the accessory apartment;
         14. A floor plan which demonstrates that the accessory apartment is less than twenty-five percent (25%) of the dwelling size; and
         15. The owner’s covenant to occupy the primary dwelling unit, which covenant shall run with the conditional use permit.
      4. Gated Communities. An application for a gated community must demonstrate adequate, provision for perpetual access of life safety equipment and personnel. The minimum width of a one-way access is fifteen feet (15’).  Proposed gate works must include access technology installed and maintained to the reasonable satisfaction of the fire marshal.
      5. Swimming Pool. Each application for a swimming pool shall include a fence designed to exclude unattended children.
      6. Personal Athletic Facility. Each application for a personal athletic facility shall include a screening plan, which effectively screens the use from adjacent residences.
      7. Historic Uses: Development for historic buildings are subject to historic use standards as approved by the planning commission and town council.
      8. Minor Telecommunications Facility. This section applies to both commercial and private low-power radio services and facilities, such as "cellular" or "pcs" (personal communications system) communications and paging systems. Each application for a telecommunications facility shall comply with the following:
         1. Wall-Mounted Antenna: Wall-mounted antennas may not extend above the wall line of the building or extend more than four feet (4’) horizontally from the face of the building.
            1. Antennas, equipment and the supporting structure shall be painted to match the color of the building or structure or the background against which they are most commonly seen. Antennas and the supporting structures on buildings shall be architecturally compatible with the building. Whip antennas are not allowed on a wall-mounted antenna structure.
            2. Antennas mounted directly on existing parapet walls, penthouses, or mechanical equipment rooms are considered a wall-mounted antenna if no portion of the antenna extends above the roofline of those building structures.
            3. Stealth wall-mounted antennas are encouraged and may be allowed to vary from the provisions of this section upon demonstrated mitigation of impact.
         2. Roof-Mounted Antenna: Roof-mounted antennas are allowed only on a flat roof and shall be screened, constructed and painted to match the structure to which they are attached. The planning commission may grant approval to place roof-mounted stealth antennae on a pitched roof if the antenna does not extend above the peak of the roof.
            1. Antennas shall be mounted at least five feet (5’) behind any parapet wall. The maximum height of an antenna mounted between five (5) and ten feet (10’) behind a parapet wall shall be directly proportional to the setback distance, and may not exceed a height of ten feet (10’) above the top of the parapet wall. An antenna may not extend more than fifteen feet (15’) above the roofline of the building unless the adverse impacts of the additional height are fully mitigated. 
            2. Roof-mounted antennas may be mounted on existing penthouses or mechanical equipment rooms if the antennas and antenna support structures are enclosed or visually screened from view. The screening structures may not extend more than eight feet (8’) above the existing roofline of the penthouse or mechanical equipment room. 
            3. Antennas not mounted on a penthouse or mechanical equipment room shall be mounted at least five feet (5') back from the exterior wall of the building. The maximum height of an antenna mounted between five (5') and ten (10') feet back from the exterior wall shall be directly proportional to the setback distance, and may not exceed ten (10') feet above the roof line of the building. Similarly, a roof-mounted antenna may not extend above the roofline of a penthouse or mechanical equipment room except as allowed as a conditional use.
         3. Power Lines: All power lines on the lot leading to the accessory building and antenna structure of the telecommunications facility shall be installed underground.
         4. Area limitations: Combinations of both roof and wall-mounted antennas are allowed on a building. The total area for all wall and roof-mounted antennas and supporting structures combined shall not exceed forty (40) square feet for each exterior wall of the building or a total of one hundred sixty (160) square feet per building. Cellular antennas may occupy a maximum of four (4) walls. The visible portion of the supporting structure as viewed when looking directly at the face of the building. The total area for a roof-mounted antenna shall apply to the closest exterior wall.
         5. Review criteria: Each applicant for a telecommunications facility must demonstrate:
            1. Compatibility of the proposed structure with the height and mass of existing adjacent buildings and utility structures;
            2. Whether co-location of the antenna on other existing structures in the same vicinity such as other towers, buildings, utility poles and similar structures is possible without significantly affecting antenna transmission or reception;
            3. The location of the antenna in relation to existing vegetation, topography and buildings to optimize visual screening;
            4. Whether the spacing between monopoles creates detrimental impact upon adjacent properties;
            5. The location of the pole in relation to noteworthy structures, landmarks and pedestrian or automotive transportation view corridors;
            6. Location and zoning compliance of accessory buildings associated with the telecommunications facility;
            7. Monopole: A conditional use permit for a monopole may be granted in a residential zone district only if the planning commission finds that:
               1. The monopole antenna does not exceed thirty five (35') feet in height;
               2. Monopole with antennae and antennae support structure does not exceed two feet in width;
               3. The antenna tower will be placed on a parcel, which is not occupied by a residential use, such as a school, church, or other nonresidential use, which is otherwise legally located in that residential zone;
               4. The antenna tower will be located no closer than two hundred feet (200’) from the nearest residential structure, and
               5. The monopole will be disguised as, or otherwise integrated with, a light pole or similar utility structure located on the parcel to minimize and mitigate the visual impact of the antenna. Monopoles shall be fenced with a six-foot chain-link fence and the climbing pegs removed from the lower twenty feet of the monopole. In circumstances where the accessory building and fence may be viewable from any public road or public space, the planning commission may require alternative building and fencing materials such as masonry, wrought iron or chain link with colored vinyl coating depending on the location.
               6. No monopole or lattice tower may be located within one thousand (1,000) feet of another monopole or lattice tower unless it is for the bona fide public services of a public transit district as defined in section 1712A-2 1001 et seq. Of the Utah code annotated and as certified by said public transit district.
         6. Co-location: Co-location is both permitted and encouraged if all setbacks, design and landscape requirements are met for each telecommunications facility. The application shall include any existing or approved, but un-built, telecommunications facility within the telecommunications area that may meet the needs of the applicant. The documentation supplied shall evaluate the following factors:
            1. Structural capacity of the antenna towers;
            2. Geographic telecommunications area requirements;
            3. Mechanical or electrical incompatibilities;
            4. Inability or ability to locate equipment on existing antenna towers; and
            5. Any restriction or limitation of the federal communication commission that would preclude the shared use of the antenna tower.
         7. Classification/installation: Low-power radio services facilities are characterized by the type or location of the antenna structure.
         8. Temporary antenna for use during drive tests: Telecommunications companies wishing to perform drive tests shall submit notice to the planning department stating the location and the date of the proposed test. Antennas in use for a drive test shall not be left standing for a period of greater than two (2) days. Drive tests shall be limited to testing functions only and shall not be used for telecommunication services to customers. Drive tests on town property require planning department approval and execution of the town's test-drive agreement.