The regulations hereinafter set forth in this section qualify or supplement the zoning regulations appearing elsewhere in this ordinance.

The requirements of this ordinance referring to minimum building site requirements shall not be construed to prevent the use for a single-family dwelling of any lot or parcel of land in the event such lot or parcel of land is held in separate, distinct, individual ownership at the time this ordinance becomes effective if the lot was eligible for such use under the previous zoning ordinance.

No required yard or other open space around an existing building shall be considered as providing a yard or open space for any other building. This applies hereafter to any building for the purpose of complying with the provisions of this ordinance. Additionally, no yard or other required open space on an adjoining lot will be considered as providing a yard or open space on a lot whereon a building is to be erected or established.

Every dwelling shall be located and maintained on a “lot” as defined in this ordinance, and all parts of such building shall be connected in a substantial manner by common walls or by a continuous roof. There shall be no more than one (1) such building on a lot, except for group houses, or approved accessory dwellings as provided in the definition of "lot".

Every part of a required yard shall be open to the sky, unobstructed except for accessory buildings or solar panels/similar options in a rear yard, and except for the ordinary projections of skylights, sills, cornices and other ornamental features. Open or lattice—enclosed fire escapes, fireproof outside stairways, and balconies opening upon fire towers projecting into a yard not more than five (5) feet and the ordinary projections of chimneys and flues are permitted..

No fence, wall, or other similar structure shall be erected in any required front, rear, or side yard to a height more than six (6) feet for rear and side yards and 4.5 feet on front yards except for accessory buildings, solar panels, and structures permitted herein. Side yards shall be considered from the front line of the house to the back line of the house. Fences with varying heights for aesthetic purposes will be measured at the highest point of the general fence line, not counting posts/ends, for height purposes. Intermittent decorative caps and ends may rise up to 6 inches higher than the primary height of the fence. Protective wire fencing around gardens, bushes, or trees is allowed higher than the given limits. At any point where different zoning areas meet, or will eventually meet, ALUA may require up to 8 foot privacy and sound fencing/barrier around commercial/industrial zoning, or certain agricultural pursuits, for the protection of residential and agricultural areas. High foot and vehicle traffic residential areas may apply for conditional use permits allowing for up to 6 foot fences in the front or sides of their property for privacy and sound protection. Applicants must prove that they will have full vision pulling out of their properties, being able to back out a full car length and see applicable foot or vehicle traffic, without vision impediment caused by taller fences. Sides on corner lots will still require the additional set-back.

Penthouse or roof structures which house elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the building are exceptions to the height limitations. Additionally, parapet walls, skylights, towers, steeples, flagpoles, chimneys, smokestacks, water tanks, wireless or television masts, theater lofts, silos, or similar structures may be erected above the height limits herein prescribed, but no space above the height limit shall be allowed for the purpose of providing additional floor space.

No animals or fowl, exclusive of family pets, shall be kept or maintained closer than sixty (60) feet to any dwelling, other than the dwelling on the property upon which the animals are kept. Family pets can be kept under the provisions of this ordinance. Adequate enclosure must be provided to maintain that proper animals and fowl, including family pets, are kept the lot. Grandfathered agricultural animals may be excluded from distance limitation provided a history of agricultural use of the property has been established and maintained continuously. Animals in residential zoning on lots 1.25 acres or greater are permitted by law in the following groups and volumes. Any three of the following groups of animals or fowls are permitted at the same time and in the given numbers per type of animal. 2 horses, 2 pigs, 2 cows, 2 goats, 5 sheep, 10 turkeys/ducks or geese, 20 pigeons, 25 rabbits, or 50 chickens/domestic pheasants. Lots less than 1.25 acres are permitted 2 horses or 2 cows or one of each AND any one of the following groups of animals or fowl. 2 pigs, 2 goats, 10 turkeys/ducks or geese, 20 pigeons, 25 rabbits, 25 chickens or domestic pheasants. For unlisted animals, reference a listed animal of comparative size. If there is a documented continuous use prior to 1971 in excess of allowances listed above then such use may be “grandfathered” and allowed. The maximum number of dogs allowed on any city lot is four (4) (unless by kennel permit). Each dog must be licensed with Mendon City annually and kept on the owner’s property or on a leash at all times. Please also see noise ordinances in zoning and other dog information in city municipal code section 9.12.

Domestic water supply and sewage disposal shall be in accordance with the City Council requirements and be in compliance with the laws and rules of the Utah Department of Environmental Quality and/or Bear River Health Department. This shall be represented by a certificate of approval from the respective governing health agency in all applications for a building permit where either an approved supply of piped water under pressure or a sewer is not available.

A sewer stub-out shall be installed at the street facing side of all new structures or as required by the City official.

No building permits shall be issued on restricted lots unless denied by the Mendon City Land Use Authority and approved by the Board of Adjustments. Purpose must be beneficial for existing buildings and meet the intent of city ordinances and codes.

Each new building or residence, either erected or moved into the city, shall meet or exceed the building quality and overall aesthetic appearance of the average new building placed in the city during the preceding five (5) years. The judgment of whether a new building meets this criterion shall lay with the Mendon City Land Use Authority.

1. BUSINESSES REQUIRING ACCESS. Service stations, roadside stands, public parking lots, and all other businesses requiring motor vehicles access shall meet the requirements as hereinafter provided, or as prescribed in the Utah Administrative Code (UAC) Rule R930-6, "Access Management" (whichever requirements are greater).
2. DRIVEWAYS AND CURBS. Access to businesses or parking lots shall be controlled as follows:
   1. Access shall be by no more than three (3) driveways for each one hundred (100) feet, or fraction thereof, of frontage on any street, and in no event shall such driveways exceed in width seventy (70) percent of the entire street frontage.
   2. No two (2) of said driveways shall be closer to each other than twelve (12) feet, and no driveway shall be closer to a side property line than one and one-half (1 1/2) feet.
   3. Each driveway shall be not more than thirty-six (36) feet in width, measured at right angles to the centerline of the access, except as increased by permissible curb return radii. The entire flare of any return radius shall fall within the right-of-way.
   4. No driveway shall be closer than ten (10) feet to the point of intersection of two (2) property lines at any corner as measured along the property line, and no driveway shall extend across such extended property line.
   5. In all cases where there is an existing curb and gutter or sidewalk on the street, the applicant for a permit shall provide a safety island along the entire frontage of the property, except for the permitted access.
   6. Where there is no existing curb and gutter or sidewalk, the applicant may, at their option, install such safety island and curb or, in place thereof, shall construct along the entire length of the property line, except in front of the permitted access, a curb, fence, or pipe rail not exceeding two (2) feet or less than eight (8) inches in height.
3. LOCATION OF GASOLINE PUMPS. Gasoline pumps shall be set back no less than eighteen (18) feet from any street line to which the pump island is vertical, no less than twelve (12) feet from any street line to which the pump island is parallel, and no less than ten (10) feet from any residential or zone boundary line. If the pump island is set at an angle on the property, it shall be so located that automobiles stopped for service will not extend over the property line.

An accessory dwelling unit (ADU) may be permitted as an accessory use to a single-family home under the following conditions: A. Only one (1) ADU is permitted per lot. The ADU shall be located in the principal dwelling unit or garage as long as it is attached to the principal dwelling. Any structure containing an ADU must meet minimum yard and setback requirements for principal structures, must be on a foundation, and must meet all relevant sections of the current building code as written in Utah State law pertaining to ADU requirements. All other relevant zoning requirements shall be met. An ADU requires one off street parking space in addition to the primary dwelling parking spaces. B. An ADU may not be placed or created on a lot with an undersized or failing septic. C. A building permit for the proposed construction of a new ADU, or the creation of a new ADU within an existing building, must be issued by the city Building Inspector and may require an updated septic. D. An ADU requires a minimum of a fully functioning kitchen, bathroom, and bedroom. E. An ADU may not be in a manufactured/mobile home or the like. F. Owner occupancy of the primary dwelling or the ADU is required for rental of one of the two properties when there is an ADU on the property (unless only the primary dwelling is rented and the ADU is vacant) and owner occupancy must be proven by voter registration or other evidence acceptable to the City Council, such as, but not limited to, car registration, utility bills, and the like. G. A Level One home occupation or home business may be conducted, subject to city and state regulations. H. Accessory dwelling units shall comply with all applicable building, health, and fire codes as permitted by Utah State Law regarding ADU’s.

Accessory Dwelling Units and Long-Term Rentals Application See Zoning Code Section 3.30 Accessory Dwellings and 3.40 Long-Term Rentals Definitions: Accessory dwelling unit (ADU): accessory use to a single-family home Long-Term Rentals: a residential unit, or any portion of a residential unit, that the owner of record, or the lessee of the residential unit, offers for occupancy for greater than thirty (30) consecutive days. Contact the Planning and Zoning Secretary with questions; contact information is on Mendon City website. Please read and initial each requirement. 1. _____A building inspection by the Mendon City Building Inspector, scheduled and paid for by the owner. Required changes must be made prior to obtaining a Business License/Rental Permit. _____A fire inspection by the Mendon City Fire Chief, scheduled and paid for by the owner. Required changes must be made prior to receiving a Business License/Rental Permit. _____A Building Permit may be required. (Zoning 3.30, G). _____A Mendon City Business License/Rental Permit is required (Zoning 3.40). 2. _____Only one (1) accessory dwelling unit (ADU) permitted per lot. The ADU shall be located in the principal dwelling unit or garage as long as it is attached to the principal dwelling. Any structure containing an ADU must meet minimum yard and setback requirements for principal structures, must be on a foundation, and must meet all relevant sections of the current building code as written in Utah State law pertaining to ADU requirements. All other relevant zoning requirements shall be met (Zoning 3.30, A). 3. _____Owner must live in the dwelling or ADU (Zoning 3.30, F), unless only the primary dwelling is rented and the ADU is vacant. Owner occupancy must be proven by voter registration or other evidence acceptable to the City Council, such as, but not limited to, car registration, utility bills, and the like (Zoning 3.30, F). 4. _____An ADU requires one off street parking space in addition to the primary dwelling parking spaces (Zoning 3.30, A). 5. _____An accessory apartment is not allowed in a manufactured/mobile home or the like (Zoning 3.30, E). 6. _____An ADU may not be placed or created on a lot with an undersized or failing septic (Zoning 3.30, B). 7. _____A building permit for the proposed construction of a new ADU, or the creation of a new ADU within an existing building, must be issued by the city Building Inspector and may require an updated septic (Zoning 3.30, C). 8. _____An ADU requires a minimum of a fully functioning kitchen, bathroom, and bedroom (Zoning 3.30, D). 9. _____Accessory dwelling units shall comply with all applicable building, health, and fire codes as permitted by Utah State Law regarding ADU’s (Zoning 3.30, H). 10. ____All Mendon City Ordinances must be followed with regards to parking, signage, noise Zoning 18), building, clutter, trash, and auxiliary dwelling units (Zoning 3.30 and 3.40, D). 11. ____Landlords renting to immediate family/relatives are not subject to licensing/permit (Zoning 3.40, E). 12. ____The apartment must have a separate exit (means of egress) to the outside (opens directly into a public way, or yard) without passing through the main living unit (IRC 311.1). 13. ____ Sleeping areas must be equipped with smoke and carbon monoxide alarms (IRS 314.3) outside each separate sleeping area in the immediate vicinity of the bedrooms (IRC 314). 14. ____Apartments must have at least one room of not less than 120 square feet. Other habitable rooms except the kitchen must have an area of not less than 70 square feet (UBC 310.6.2). 15. ____All sleeping rooms must have at least one operable window (UBC 310.4). 16. ____Connecting doors between residences must be a 20-minute fire rated door, substantial and equipped with keyed deadbolts. 17. ____Accessory Dwelling Unit Affidavit signed for those renting an ADU. Please note: With a single-family dwelling, only one water, power and sewer connection is allowed. It is possible to have one meter serving both units so long as the disconnects are correct. * All other requirements of the Uniform Building Code (UBC) and International Residential Code (IRC). ____________________________ ____________________________ __________________ Print Name Signed Date ___________________________________ ______________________________

ACCESSORY DWELLING UNIT OWNER’S AFFIDAVIT IMPORTANT - ALL property owners of record MUST sign this form – use additional forms as necessary. Property Owner(s) Name:_________________________________________________________ Property Address: _______________________________________________________________ Complete Legal Description: See Exhibit “A” I, (we) ________________________________________________________________________, declare that I, (we) am (are) the owner(s) of the property identified in this affidavit. I (we) will occupy the property as my (our) primary residence and will ensure that the ADU will; 1.) NOT be occupied by more than ONE FAMILY as defined in § 156.020 Definitions, 2.) only be used for the purpose of offering a long-term rental of thirty (30) consecutive calendar days or longer, unless licensed for short-term rentals 3.) Certify that the second dwelling unit on the property is an accessory dwelling and understand that a future purchaser of the property will be required to relicense the accessory dwelling unit in order to continue the use, and 4.) be maintained in compliance with all applicable building, health, and fire codes, along with all other regulations of an Accessory Dwelling Unit, in accordance with Mendon City Ordinances and Utah State Statues. ____________________________________ _____________________________________ signature of property owner signature of property owner Dated this __________ day of _____________________, 20 ______ State of Utah ) )ss County of Cache ) On the __________ day of _____________________, 20 ______, personally appeared before me, _________________________________________________________________, the signer(s) of the above instrument, who duly subscribed and swore before me that they executed the same. ________________________________________ NOTARY PUBLIC Residing in ____________________________ My commission expires: ____________________

1. APPLICABILITY. The following regulations shall apply to tower structures and associated equipment for the purpose of commercial radio, television, telephone, paging, or satellite reception and/or transmission.
   
   A facility which meets one of the following standards shall be reviewed as an accessory use. Any other facility shall be reviewed as a conditional use.
   
   The proposed facility is located on an existing structure or on the ground and the proposed facility does not exceed ten (10) feet in height. The tower or antenna structure does not exceed ten (10) feet in height and is accessory to a permitted or approved use.
   
   The proposed facility shall meet all conditions of the previously approved use.
2. GENERAL STANDARDS FOR COMMERCIAL TOWER STRUCTURES AND ASSOCIATED EQUIPMENT. The facility shall comply with Federal Communications Commission (FCC) standards regarding radio frequency (RF) emissions.
   
   The facility shall have approval from the Federal Aviation Administration (FAA) prior to operation.
   
   The applicant or owner shall be required to obtain all necessary permits, as may be required under federal, state, or local statutes, regulations, or ordinances including, but not limited to, building permits.
   
   The facility shall be maintained in compliance with all federal, state, and local regulations and the construction standards set forth in this section.
   
   The owners of the facility shall have a continuous obligation to ensure the maintenance and upkeep and to prevent the creation of a public nuisance.
   
   The tower and associated facilities shall be removed within sixty (60) days of cessation of use.
   
   Tower construction, setback, and fall zone standards are as follows:
   1. The tower shall be constructed to the Telecommunications Industry Association/Electronic Industries Association (TIA\EIA) 222 Revision F Standard entitled “Structural Standards for Steel Antenna Supporting Structures”, or as hereinafter may be amended.
   2. Towers over twenty (20) feet in height must be designed to allow for future arrangements of antennas upon the tower. Such towers must also be designed to accept antennas mounted at varying heights.
   3. If the tower does not exceed the height limitations of the applicable base district, the tower shall meet the setback requirements of the district. If the tower exceeds the height limitation of the applicable base district, the tower shall meet the setback requirements of the district or it shall be set back one (1) foot for every ten (10) feet of total tower height from all property lines, whichever is greater.
   4. In addition to the setback requirement noted in the preceding Part, a fall zone for each tower shall be delineated and permanently restricted from future development, as follows:
      1. The fall zone shall consist of the land area centered beneath the tower and circumscribed by a circle with a radius equal to a length of one (1) foot for every ten (10) feet of tower height.
      2. If the fall zone does not lie completely within the subject property, the applicant must obtain a non-revocable easement from all owners of property within the fall zone that prohibits the construction or placement of new structures within the fall zone, except as may be specifically permitted through the conditional use process. If an easement is utilized, a copy of the fully executed easement agreement shall be submitted as part of the application.
      3. Towers shall be architecturally and visually compatible with the existing structures, vegetation, and/or uses in the area or likely to exist in the area under the terms of the applicable base district and/or comprehensive plan. The decision-making body shall consider, but shall not be limited to, the following factors: similar height, color, bulk, and/or shape, or camouflage techniques to disguise the facility. This shall not preclude towers requiring FAA painting and/or marking from meeting those standards.
3. APPLICATION REQUIREMENTS. The application materials shall include the following written documentation:
   1. Suitability analysis of the proposed site. The analysis shall include, but is not limited to, the following:
      1. Description of the surrounding area within one (1) mile of the subject site, including topography.
      2. Propagation charts showing existing and proposed transmission coverage at the subject site and an understanding of why the facility needs to be placed at the chosen location.
   2. If applicable, relevant portions of a signed lease agreement which requires the applicant to remove the tower and/or associated facilities upon cessation of use.
4. ADDITIONAL APPLICATION REQUIREMENTS FOR FACILITIES WHICH REQUIRE A CONDITIONAL USE APPROVAL. Engineering data showing the tower is designed structurally, electrically, and in all other respects to accommodate both the applicant’s equipment and comparable equipment for a minimum of one (1) additional user if the tower is over twenty (20) feet in height. If the tower is over one hundred ten (110) feet in height, it shall be designed structurally, electrically, and in all other respects to accommodate both the applicant’s equipment and comparable equipment for a minimum of two (2) additional users.
   
   A report from a qualified and licensed professional engineer describing the facility height and design (including a cross-section and elevation), the facility’s capacity, and the height above grade for the recommended mounting position for co-located antennas and the minimum separation distances between antennas. The professional engineer can also describe any other information necessary to evaluate the request. The report must include the engineer’s stamp and registration number.
   
   A letter of intent committing the facility owner and successors to allow the shared use of the facility, as required by this title. If additional users agree in writing to meet reasonable terms and conditions for shared use, also include the accompanying documentation.
   
   A written analysis demonstrating the facility cannot be accommodated on an existing or approved tower within the following:
   1. A two (2) mile radius for towers with a height over one hundred ten (110) feet.
   2. A one (1) mile radius for towers with a height over eighty (80) feet, but not more than one hundred ten (110) feet.
   3. A one-half (1/2) mile radius for towers with a height over fifty (50) feet, but not more than eighty (80) feet; or
   4. A one-fourth (1/4) mile radius for towers with a height of fifty (50) feet or less.
   It shall be the burden of the applicant to demonstrate the proposed facility cannot be accommodated on an approved tower or structure within the required search radius due to one or more of the following reasons:
   1. The unwillingness of a property owner, or tower or facility owner, to entertain shared use.
   2. The planned equipment would exceed the structural capacity of the existing tower or structure, as documented by a qualified and licensed professional engineer, and the existing tower or facility structure cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost.
   3. The planned equipment would cause radio interference with material impacting the usability of other existing or planned equipment at the tower or structure, and the interference cannot be prevented at a reasonable cost as documented by a qualified and licensed professional engineer or other professional qualified to provide necessary documentation.
   4. Existing or approved towers or other structures within the search radius cannot accommodate the planned equipment at a height necessary to be commercially functional as documented by a qualified and licensed professional engineer or other professional qualified to provide necessary documentation.
   5. The proposed co-location with an existing tower or structure would be in violation of a local, state, or federal law.
   Any other unforeseen reasons which make it unfeasible to co-locate upon an existing or approved tower or structure as documented by a qualified and licensed professional engineer, or other professional qualified to provide necessary documentation.

Shipping containers placed on any site shall comply with the following provisions of this section. Exception: Portable moving container/moving pods placed on private property for no more than thirty (30) days in any twelve (12) month period shall not be regulated by this chapter. A. RESIDENTIAL ZONE. Shipping containers are allowed in residential zones. A permanent shipping container will be treated as an accessory building and requires a building permit to approve location placement within setbacks and verification of septic/drainfield locations and/or easement and natural waterway boundaries and/or any other applicable codes for placement on the property. A shipping container must be painted, or otherwise camouflaged, so it does not look like a shipping container. The shipping container shall be painted a solid neutral color such that all insignia, writing, or numbers on the shipping container are masked. Shipping containers may not be used for any type of housing. B. LIGHT INDUSTRIAL ZONE. Shipping containers are allowed in the light industrial zone; provided the use is in conformance with current permitted zoning uses. Placement of a shipping container for permanent or semi- permanent use shall require a building permit and an engineered foundation, and shall meet all other codes for placement on the property. The shipping container shall be painted a solid neutral color such that all insignia, writing, or numbers on the shipping are masked. Shipping containers may not be used as an alternative to reasonably expected lot improvements such as fencing, buildings, etc. Sight-obscuring fencing or landscaping approved may be required by the land use authority. Shipping containers must meet any other applicable codes for placement on the property. Shipping containers are not allowed on industrial zone properties on which the primary use is a nonconforming residential use. Shipping containers in an industrial zone may never be used for any type of residential housing. C. COMMERCIAL ZONE. Shipping containers are allowed in the commercial zone provided said containers are screened with sight-obscuring fencing or landscaping approved by the administrative land use authority; and are being used for shipping and that all applicable Department of Transportation (DOT) licenses for the containers are active and valid. The city may require proof of active DOT licenses; and that they are not permanently installed. Shipping containers are not allowed in the commercial zone when the primary use is a nonconforming residential use and may never be used as housing. A temporary permit for a shipping container may be obtained for containers used ancillary to a project with a valid building permit. A temporary permit may allow placement of a container at a building site for up to one hundred eighty (180) days for temporary use after the building permit is issued. The temporary permit cannot be extended. Shipping containers may not be used as an alternative to reasonably expected lot improvements such as fencing, buildings, etc. Shipping containers must meet any other applicable codes for placement on the property. Placement of a shipping container for permanent or semi-permanent use shall require a building permit and an engineered foundation and shall meet all other codes applicable to the zone and property. D. CITY PROPERTY. Shipping containers may be placed on city property for city use without a building permit in situations and places acceptable to the city public works director or the city engineer with the approval of city council. Look-alike shipping buildings or metal buildings marketed as “container” or “portable units” are regulated as shipping containers to which this section shall apply. Placing a shipping container on a city street or right-of-way is not allowed.

A. PURPOSE. The only home occupations which will be allowed are the ones which conform to the standards of this section. The standards for home occupations ensure compatibility with permitted residential uses and ensure the residential character of the neighborhood. The standards also help to maintain the subordinate and incidental status of the home occupation in relation to the primary residence. All licensees are personally responsible for relicensing every two years. B. CLASSIFICATION OF HOME OCCUPATIONS. Home occupations are classified into two (2) levels designated as Level One and Level Two. Level One includes those occupations which have no negative impacts on surrounding properties and shall be permitted uses in the applicable zoning district. Level Two home occupations are more intense uses which may have undesirable impacts on surrounding properties if not closely regulated; these uses require a conditional use permit as outlined in Part D. All home occupation license holders shall comply with all applicable Federal, State, and County rules, regulations and laws. C. LEVEL ONE HOME OCCUPATIONS. A Level One home occupation must meet the standards and requirements identified in this section. The applicant for such a home occupation may obtain and keep current, a business license from Mendon City if so desired for their own purposes. The license is not required. 1. Location. Any property in the residential zone 2. The home occupation shall be conducted entirely in the dwelling, and not more than twenty-five (25) percent of the floor area, excluding garages, storage attics, and unfinished basements of the said dwelling shall be used for a home occupation or for storing goods associated with the home occupation. Materials may be stored in an attached garage or storage area, provided it does not reduce the required off-street parking below the standard established for that district 3. A home occupation shall not involve the installation of machinery or additional equipment other than that customary to normal household operations 4. No activity connected to the home occupation or any storage of goods, materials, or products, connected with a home occupation shall be allowed in any detached accessory building 5. The home occupation on lots smaller than one (1) acre shall not involve the use of more than one (1) commercial motorized vehicle and not more than one (1) trailer. The home occupation on lots of one (1) acre or more shall not involve the use of more than one (1) commercial motorized vehicle and not more than three (3) trailers 6. The home occupation shall not receive more than fourteen (14) commercial vehicle trips including, but not limited to, Parcel Post, United Parcel Service, or similar in town delivery service trucks per week 7. The home occupation shall be conducted by family members inhabiting the dwelling, and no more than one non-resident employee shall be permitted 8. The home occupation shall not serve as a headquarters or main office where employees come to the site and are dispatched to other locations 9. No retail sales shall be permitted from the dwelling except the sale of a) services or items produced or fabricated on the premises because of the home occupation or b) products related to the home occupation. Any retail sales from the dwelling shall not result in visits exceeding fourteen (14) per week 10. Off-street parking space on private property shall be provided in addition to the required off-street parking for the dwelling. Parking spaces are required for all trailers or commercial vehicles used in a home occupation. City property may not be used for parking of vehicles D. LEVEL TWO HOME OCCUPATIONS. A Level Two home occupation shall only be allowed as a conditional use. All conditional uses shall not commence until the applicant has obtained a conditional use permit and a business license from Mendon City. Level Two home occupations shall be allowed as conditional uses subject to the following: 1. All requirements for a Level One home occupation shall apply unless otherwise noted in this section. 2. Applications for a conditional use permit shall be submitted to the Planning and Zoning Commission for review. After such review, the Commission shall recommend to the City Council the approval, including recommended conditions consistent with this Chapter, or denial of the conditional use permit. 3. The home occupation shall be conducted in a manner such that the impact on neighbors and the surrounding area is minimized. The home occupation shall not physically change the dwelling or accessory structure or attached or detached garage or yard space to the extent that it would alter the residential or aesthetic character of the dwelling, accessory structure, garage, yard or neighborhood. 4. Accessory Building. In addition to the incidental use of the dwelling, one (1) accessory building occupying no more than two-thousand (2000) square feet on a lot smaller than one (1) acre, or three-thousand (3000) square feet on a lot of one (1) acre or more, may be used for a Level Two home occupation. 5. Accessory Buildings shall comply with the Height Regulations, Area Requirements, Frontage Regulations, Side Yard Regulations, Front Yard Regulations, and Rear Yard Regulations of the zoning district in which they are located. 6. Outside Storage. No outside storage, display of goods or merchandise, signage, or external evidence of a Level Two home occupation shall occur except as specifically allowed by this Part. 7. Operator. The operator of the home occupation shall reside in a dwelling on the subject property 8. Employees. There shall be no more than two (2) full or part-time employees in addition to those family members dwelling in the home. 9. Noise. A Level Two home occupation shall be compliant with the current Mendon City Noise Ordinance in a residential area. 10. Equipment and Process Restrictions. A Level Two home occupation shall not create vibration, glare, fumes, or odors detectable to normal sensory perception off the subject property. A home occupation shall not create visual or audible electrical interference in any radio, television, or other electronic device off the subject property or cause fluctuations in line voltage off the subject property. 11. Traffic. A Level Two home occupation shall not generate more than thirty-five (35) trips per week. A vehicle trip is defined as a vehicular movement to and from the subject property by any vehicle used in the home occupation, any delivery vehicle associated with the home occupation, or any customer or client vehicle. 12. Parking. The Planning and Zoning Commission may recommend a condition regulating the parking of home occupation vehicles not meeting Level One requirements. 13. Access. The subject property must have frontage on, and direct access from, a constructed public, county, or state road, or take access on an exclusive road or easement serving only the subject property. If property takes access via a private road or easement which also serves other properties, evidence must be provided by the applicant, in the form of a petition, that all other property owners whose property access is affected agree to allow access to the specific home occupation described in the application. Such evidence shall include any conditions stipulated in the agreement. E. REVIEW OF CONDITIONAL USE PERMITS. 1. Conditional use permits shall be reviewed once every two (2) years to ensure compliance with this Ordinance. 2. Notwithstanding item one above, the Planning and Zoning Commission upon receipt of a written complaint that a conditional use permit holder is in violation of permit conditions may conduct such investigation deemed necessary and upon a finding of violations recommend the revocation or suspension of the permit. 3. Applicants for a conditional use permit and permit holders shall permit reasonable inspections by a city-appointed inspector of the premises where a home occupation is to be or is being conducted to determine compliance with the conditional use permit. 4. To conduct a home occupation business permitted under a conditional use permit, it is necessary to have a conditional use permit and a business license issued by Mendon City. If either or both the permit and/or business license is revoked, suspended, or otherwise terminated operation of the home occupation shall be immediately discontinued. 5. Appeals. Any appeals in connection with the denial, revocation, or suspension of a conditional use permit or refusal to renew a business license related to a conditional use are governed by MZC 13.02. F. EXISTING HOME OCCUPATIONS. Existing home occupation activities and uses which have been in legal existence for a period of one (1) year prior to the time this amendment is effective, but which are no longer legally allowed within the zone in which they are located by reason of the adoption of this amendment shall be deemed non-conforming uses.

Short-term rental refers to a dwelling, or any portion of a dwelling, which the owner of record, or the lessee of the dwelling, offers for occupancy for fewer than thirty (30) consecutive days.

The owner of record, or lessee of the dwelling must obtain a Utah State sales tax ID (STC) and Utah State transient room tax ID (TRT) before an application for a Mendon City business license and short-term rental permit may be submitted.

Regulations and restrictions imposed by this section are in recognition of the premise that a short-term rental provides lodging for a transient population that may not honor neighborhood mores or exhibit neighborly consideration to the same extent as permanent residents. Separation requirements listed in Section D are based on a desire to maintain the overall character of neighborhoods and the purpose of established zones.

All Mendon City ordinances must be followed in addition to the regulations and restrictions imposed by this section.

1. Number of Short Term Rental Units and Density Requirements
   1. The total number of short-term rental units operating in the City shall not exceed five (5) per 1,000 residents.
      
   2. The minimum distance between short-term rental unit locations shall be six hundred feet (600 feet).
      
2. Business License Required
   No dwelling shall be occupied or used as a short-term rental, or advertised for use as a short-term rental, until such time that the owner has obtained a business license issued in accordance with the provisions of this section. A business license for a short-term rental must be renewed each year.
   
3. Rental Permit Required
   No dwelling shall be occupied or used as a short-term rental, or advertised for use as a short-term rental, until such time that the owner has obtained a short-term rental permit issued in accordance with the provisions of this section. A short-term rental permit must be renewed each year.
4. Conditions for Issuance of a Business License for a Short-Term Rental
   In addition to any other requirement of this section, a business license for a short-term rental shall be approved by the Planning & Zoning Commission if:
   1. Another dwelling licensed as a short-term rental is not located within the same lot where the proposed short-term rental business license is being sought. No more than ten (10) percent of the dwellings in any subdivision phase or designated area to be defined by Mendon City may be licensed as short-term rentals.
      
   2. The application lists the name, address, and phone number of the owner or other person designated by the owner as the property manager who shall be responsible for ensuring compliance with the rules and regulations specified in this section. This person shall be a permanent resident of Mendon City and be ready and willing to receive phone calls at any hour to promptly deal with complaints, violations, or any other safety or nuisance issues in connection with the short-term rental property or the occupants thereof.
      
   3. The contact information of the responsible party may be furnished to property owners/residents within a five hundred (500) foot radius of the short-term rental property to enable direct contact in the case of complaints, zoning violations, or any other safety or nuisance issue with respect to the short-term rental property.
      
   4. The application includes a valid Utah State tax number for remittance of transient lodging taxes.
      
5. Parking Regulations
   The owner of any property licensed as a short-term rental shall provide off-street parking for guests in accordance with the following:
   1. Off-street parking shall be provided on the same lot as the dwelling which is licensed as a short-term rental.
      
   2. Parking shall be provided at the rate of one space per bedroom. Tandem spaces on a driveway may be used. The number of vehicles allowed by the occupants of a short-term rental shall be restricted to the number of off-street parking spaces provided by the owner.
      
   3. All guest parking should be contained on the site.
      
   4. No off-street parking space may be located in front of the living area of the dwelling unless there is a circular driveway.
      
6. Maintenance Standard
   Any property that contains a dwelling which is licensed as a short-term rental shall conform to the following standards:
   1. Structures shall be properly maintained, painted, and kept in good repair, and grounds and landscaped areas shall be properly maintained and watered in order that the use in no way detracts from the general appearance of the neighborhood.
      
   2. The use of a dwelling as a short-term rental shall not in any way change the appearance of the dwelling or property.
      
   3. Each sleeping room must meet current International Residential Code for egress and be equipped with smoke and CO detectors.
      
7. Prevention of Noise, Nuisance, or Trespass
   The owner of any dwelling licensed as a short-term rental shall be responsible to ensure that guests or occupants of the short-term rental do not:
   1. Create noise that by reason of time, nature, intensity, or duration are out of character with noises customarily heard in the surrounding neighborhood.
      
   2. Disturb the peace of surrounding property by engaging in shouting, fighting, playing of loud music, racing of cars or recreational vehicles on streets, engaging in outside recreational activities after 10:00 p.m., or other similar activities.
      
   3. Interfere with the privacy of surrounding properties or trespass onto surrounding properties.
      
   4. Allow pets or animals to create noise, roam the streets, trespass on neighboring properties, or create a mess that is not cleaned up by the owner or custodian of the pet or animal.
      
   5. Engage in any disorderly or illegal conduct, including illegal consumption or production of drugs and alcohol.
      
8. Required Posting
   The following information must be posted in a clear, concise, and unambiguous manner and in a conspicuous location inside any dwelling licensed as a short-term rental:
   1. A copy of the short-term rental business license.
      
   2. The name, address, and phone number of the owner of the property manager.
      
   3. The location of all fire extinguishers.
      
   4. A list of all rules applicable for short-term rentals.
      
   5. The maximum occupancy of the short-term rental and the maximum number of vehicles allowed.
      
9. Miscellaneous Rules and Regulations
   The following rules and regulations shall apply to any dwelling for which a short-term rental business license has been issued:
   1. Outdoor pools, hot tubs, or spas shall not be used between the hours of 11:00 p.m. and 6:00 a.m.
      
   2. Maximum occupancy in any dwelling licensed as a short-term rental shall be ten (10) persons at any one time. If, however, the property has a fire sprinkler system or other fire suppression system acceptable to the Mendon City Fire Department, a greater occupancy may be approved. Maximum occupancy of the dwelling must be included as part of the interior posting per Section H above.
      
   3. The owner or property manager shall provide information on current occupants to police, emergency, or City personnel as requested. The owner or other person designated as the property manager shall respond to complaints and concerns within one (1) hour of any phone call or other notification. Failure of the owner or property manager to respond in a timely manner may result in a violation and possible fines to the business license holder and property owner.
      
   4. The requirements of this section shall be in effect throughout the time a short-term rental license is in effect on the property, regardless of whether the property is occupied by the owner, non-paying guests of the owner, or paying guests of the owner. The City finds that, given the practical difficulty of determining whether or not the occupants are paying guests, enforcement of the requirements contained in this section shall be based on whether the property is licensed as a short-term rental.
      
   5. An inspection of a short-term rental property for compliance with these regulations may be performed at the time of business license review. Additional inspections may be performed with twenty-four (24) hour notice to the license holder/property manager if deemed necessary by the City.
      
   6. The owner of any dwelling licensed as a short-term rental shall be required to collect and remit on a timely basis transient lodging taxes and all other applicable sales and use taxes to the Utah State Tax Commission.
      
   7. In the event of a sale or other transfer of any property containing a dwelling licensed as a short-term rental, the purchaser or transferee of the property shall be required to apply for a new license within forty-five (45) days of the date of purchase or transfer. In the event that the purchaser or transferee fails to apply for a new license within said forty-five (45) days, the license will be forfeited and the owner must re-apply for any available license or be placed on the waiting list.
      
10. Enforcement Provisions
    
    1. Any owner of any dwelling within Mendon City who allows or permits occupation of said dwelling as a short-term rental, as defined herein, without having first obtained a business license in accordance with the provisions of this section shall be guilty of a Class B misdemeanor, which shall be punishable by a fine of up to $1,000.00, imprisonment for up to six (6) months, or any combination thereof for each such violation.
    2. Any owner of any dwelling within Mendon City, who, having first obtained a business license for use or occupation of said dwelling as a short-term rental, thereafter operates or permits operations of said short-term rental in violation of the terms and provisions of this section shall be guilty of an Infraction, and shall be punished by a fine of not less than $750.00 for such violation.
       
    3. Any person who occupies a short-term rental as a guest and who violates any local ordinance or state law shall be subject to arrest, issuance of a citation, or other criminal process in accordance with all state, federal or local statutes, rules, or ordinances.
       
    4. Violation of any provision of this section regulating short-term rentals shall constitute a separate offense for each day said violation occurs or continues.
       
    5. In the event of three (3) or more violations of this section committed by an owner or guest, or any combination of the two, within any twelve (12) month period, the City Council will proceed immediate revocation of the business license for any short-term rental property in accordance with the provisions of the general business license ordinance.
       
11. Applicability on Existing Short-Term Rentals
    The provisions of this Section apply to all short-term rentals within the City limits regardless of when the short-term rental was commenced. Any short-term rental that is in active operation on the date this Section goes into effect must be compliant with this Section within ninety (90) days of the effective date of this Section.
    

BE IT FURTHER ORDAINED that the subject matter of this ordinance shall be deemed to be of an urgent nature or in the nature of an emergency, and that this ordinance, upon passage and approval, shall take effect at the earliest possible time permitted by law after publication or posting.

Long-term rental refers to a residential unit, or any portion of a residential unit, that the owner of record, or the lessee of the residential unit, offers for occupancy for greater than thirty (30) consecutive days. A Mendon City Business License/Rental Permit (see appendix A) is required to operate a long-term rental. All the items listed below are REQUIRED for each property being used as a long-term rental. Refer to the following list: A. Mendon City Business License/Rental Permit can be obtained by contacting the Mendon City Clerk’s office. B. It is expected property owners are aware of all zoning regulations applicable to the property being operated as a long-term rental. Zoning regulations can differ depending on the type of zone. As a result, there may be additional regulations specific to the zone where your property is located. C. Regulation on long-term rentals does not differ significantly from regulations on short-term rentals except as per Utah State Code, which says transient taxes are required to be collected and submitted to the state for short-term rentals. Renting a home long-term does not change the property from residential to commercial, nor does a short-term stay turn the property into commercial use. The type of tenant does not change the structure or nature of the residence, and therefore does not change the zoning. A property which is rented for a long-term may, at the discretion of the owner, be rented for a short-term, less than 30 days, in the future provided the tax requirements for a short-term rental are met. A Mendon City Business License/Rental Permit is required. D. All Mendon City Ordinances must be followed with regards to parking, signage, noise, building, clutter, trash, auxiliary dwelling units, etc. E. Landlords renting to immediate family/relatives are not subject to licensing/permit.

Accessory Dwelling Units and Long-Term Rentals Application See Zoning Code Section 3.30 Accessory Dwellings and 3.40 Long-Term Rentals Definitions: Accessory dwelling unit (ADU): accessory use to a single-family home Long-Term Rentals: a residential unit, or any portion of a residential unit, that the owner of record, or the lessee of the residential unit, offers for occupancy for greater than thirty (30) consecutive days. Contact the Planning and Zoning Secretary with questions; contact information is on Mendon City website. Please read and initial each requirement. 1. _____A building inspection by the Mendon City Building Inspector, scheduled and paid for by the owner. Required changes must be made prior to obtaining a Business License/Rental Permit. _____A fire inspection by the Mendon City Fire Chief, scheduled and paid for by the owner. Required changes must be made prior to receiving a Business License/Rental Permit. _____A Building Permit may be required. (Zoning 3.30, G). _____A Mendon City Business License/Rental Permit is required (Zoning 3.40). 2. _____Only one (1) accessory dwelling unit (ADU) permitted per lot. The ADU shall be located in the principal dwelling unit or garage as long as it is attached to the principal dwelling. Any structure containing an ADU must meet minimum yard and setback requirements for principal structures, must be on a foundation, and must meet all relevant sections of the current building code as written in Utah State law pertaining to ADU requirements. All other relevant zoning requirements shall be met (Zoning 3.30, A). 3. _____Owner must live in the dwelling or ADU (Zoning 3.30, F), unless only the primary dwelling is rented and the ADU is vacant. Owner occupancy must be proven by voter registration or other evidence acceptable to the City Council, such as, but not limited to, car registration, utility bills, and the like (Zoning 3.30, F). 4. _____An ADU requires one off street parking space in addition to the primary dwelling parking spaces (Zoning 3.30, A). 5. _____An accessory apartment is not allowed in a manufactured/mobile home or the like (Zoning 3.30, E). 6. _____An ADU may not be placed or created on a lot with an undersized or failing septic (Zoning 3.30, B). 7. _____A building permit for the proposed construction of a new ADU, or the creation of a new ADU within an existing building, must be issued by the city Building Inspector and may require an updated septic (Zoning 3.30, C). 8. _____An ADU requires a minimum of a fully functioning kitchen, bathroom, and bedroom (Zoning 3.30, D). 9. _____Accessory dwelling units shall comply with all applicable building, health, and fire codes as permitted by Utah State Law regarding ADU’s (Zoning 3.30, H). 10. ____All Mendon City Ordinances must be followed with regards to parking, signage, noise Zoning 18), building, clutter, trash, and auxiliary dwelling units (Zoning 3.30 and 3.40, D). 11. ____Landlords renting to immediate family/relatives are not subject to licensing/permit (Zoning 3.40, E). 12. ____The apartment must have a separate exit (means of egress) to the outside (opens directly into a public way, or yard) without passing through the main living unit (IRC 311.1). 13. ____ Sleeping areas must be equipped with smoke and carbon monoxide alarms (IRS 314.3) outside each separate sleeping area in the immediate vicinity of the bedrooms (IRC 314). 14. ____Apartments must have at least one room of not less than 120 square feet. Other habitable rooms except the kitchen must have an area of not less than 70 square feet (UBC 310.6.2). 15. ____All sleeping rooms must have at least one operable window (UBC 310.4). 16. ____Connecting doors between residences must be a 20-minute fire rated door, substantial and equipped with keyed deadbolts. 17. ____Accessory Dwelling Unit Affidavit signed for those renting an ADU. Please note: With a single-family dwelling, only one water, power and sewer connection is allowed. It is possible to have one meter serving both units so long as the disconnects are correct. * All other requirements of the Uniform Building Code (UBC) and International Residential Code (IRC). ____________________________ ____________________________ __________________ Print Name Signed Date ___________________________________ ______________________________

ACCESSORY DWELLING UNIT OWNER’S AFFIDAVIT IMPORTANT - ALL property owners of record MUST sign this form – use additional forms as necessary. Property Owner(s) Name:_________________________________________________________ Property Address: _______________________________________________________________ Complete Legal Description: See Exhibit “A” I, (we) ________________________________________________________________________, declare that I, (we) am (are) the owner(s) of the property identified in this affidavit. I (we) will occupy the property as my (our) primary residence and will ensure that the ADU will; 1.) NOT be occupied by more than ONE FAMILY as defined in § 156.020 Definitions, 2.) only be used for the purpose of offering a long-term rental of thirty (30) consecutive calendar days or longer, unless licensed for short-term rentals 3.) Certify that the second dwelling unit on the property is an accessory dwelling and understand that a future purchaser of the property will be required to relicense the accessory dwelling unit in order to continue the use, and 4.) be maintained in compliance with all applicable building, health, and fire codes, along with all other regulations of an Accessory Dwelling Unit, in accordance with Mendon City Ordinances and Utah State Statues. ____________________________________ _____________________________________ signature of property owner signature of property owner Dated this __________ day of _____________________, 20 ______ State of Utah ) )ss County of Cache ) On the __________ day of _____________________, 20 ______, personally appeared before me, _________________________________________________________________, the signer(s) of the above instrument, who duly subscribed and swore before me that they executed the same. ________________________________________ NOTARY PUBLIC Residing in ____________________________ My commission expires: ____________________

1. PURPOSE. A person seeking a permit for the construction or improvement of a private road or common driveway ("private way") shall provide the Planning and Zoning Commission with a submission containing the items in MZC 1.08. No building permit shall be issued to erect a structure on a lot lacking frontage on a public way unless a private way meeting the criteria stated in this section has been approved and constructed within a deeded right-of-way.
   
2. PRIVATE ROAD OR COMMON DRIVEWAY REQUIREMENTS.
   
   Lot number constraint/construction standards are as follows:
   1. A private way shall provide frontage and access to no more than two (2) lots and shall meet the review requirements for private ways in this ordinance.
   2. Private ways in existence prior to the adoption of this ordinance shall be allowed to build per the current zoning standards for the district in which they are located, provided that the private way either meets or is upgraded to the construction standards for private ways in this ordinance.
   Area of land/conformance standards are as follows:
   1. The land within the right-of-way of an approved private way shall not be used to meet the area requirements of any lot.
   2. The creation of a private way shall not reduce the frontage, lot area, or other dimensional requirements of an existing conforming lot below that required by the zone in which it is located nor reduce the frontage, lot area, or other dimensional requirements of an existing nonconforming lot.
   A new private way cannot make an abutting lot or structure nonconforming.
3. APPLICATION REQUIREMENTS. Private way application requirements are as follows:
   1. Summary letter of the proposal.
   2. Document(s) showing the applicant’s right, title, or interest in all properties under review.
   3. Survey plan(s) signed and stamped by a State of Utah licensed surveyor/engineer, for the proposed lots, including tax ID numbers. This standard boundary survey shall include the lots created, and the right of way. The plan(s) shall also include the following:
      1. The name of all owners of property abutting the portion of the private way proposed to be developed or improved.
      2. The name(s) of the developer of the private way and the surveyor/engineer preparing the plan(s), together with the professional registration numbers of those who prepared the plan(s). Plan(s) submitted shall also bear the signed stamp of the professional who prepared the plan(s).
      3. Accurate dimensions of rights of way, length, and bearing of lot lines, and length or radii of horizontal curves.
   4. Engineering plan(s) prepared by a State of Utah licensed professional engineer. The plan(s) shall delineate the proposed way and each of the lots to be served by the private way and include the following:
      1. The name(s) of the developer of the private way and the engineer preparing the plan(s) with the professional registration number of those who prepared the plan(s). Plan(s) submitted shall bear the signed stamp of the professional who prepared the plan(s).
      2. The location of all proposed improvements, the width of paving and rights-of-way, profile, cross-section dimensions, and curve radii of all existing and proposed streets.
      3. Topography with contours shown at intervals of: 5 feet for land slopes greater than 10%; 2 feet for land slopes between 10% and 5%; and, 1 foot for land slopes less than 5%.
      4. New grading, erosion control, and landscaping plan; proposed finish grades, slopes, swales, culverts, and ground cover or other means of stabilization.
      5. A stormwater mitigation plan as required per MSC 7.24.
      6. Location of features, natural and man-made, affecting the street, such as water bodies, streams, swamps, wetlands, vegetation, ditches, and areas of soils with severe or very severe limitations.
      7. Location of existing and proposed utilities, including, but not limited to, water, streetlights, hydrants, electrical lines/poles, and telecommunications lines, and profiles of all underground facilities.
      8. Location of all existing trees and vegetation within the proposed area of improvements.
      9. A plan note stating the City of Mendon will not be responsible for the maintenance, repair, or plowing of the private way and that further lot divisions utilizing the private way are prohibited without prior approval of the City.
   5. Fees for the construction or improvement of a private way are required for review of plans, issuance of building permit(s), and inspection of work.
4. APPLICATION REVIEW.
   
   Review requirements are as follows:
   1. The entire length of the private way shall be constructed of a solid, hard surface (asphaltic cement pavement being not less than 2-inches thick, or concrete cement pavement being not less than 4-inches thick).
   2. Any private way with a dead end shall provide a turnaround approved by the City Engineer and the Fire Department.
   3. The private way entrance shall be constructed at a grade of plus or minus three percent (+/-3.0%) for a minimum of twenty-five (25) feet from the edge of existing pavement of the road the new private way is intersecting. The private way drainage design shall direct the newly generated storm water flows into the drainage system and not sheet onto adjoining property or into the existing roadway, nor cause the existing drainage system to be blocked or overloaded. Refer to MZC 11.22.
   4. Where the proposed construction or improvement involves the extension of a public service utility (e.g., water or sewer), the applicant shall demonstrate that the existing service is adequate to support the proposed extension of the service or shall upgrade the existing facilities as required to provide the service.
   5. The proposed private way development will not cause unreasonable highway or public street congestion or cause unsafe conditions with respect to the use of the highways or public streets existing or proposed.
   6. For roads and driveways within waterway setbacks, additional design standards apply to these projects. Refer to MZC 11.20.
   7. Private ways shall be inspected by the City’s engineering staff during the construction process.
   The review process is as follows
   1. Within twenty-one (21) days of the date of submission of the application, the Planning and Zoning Commission shall mail notice to all residents and property owners within a one thousand (1,000) foot radius of the proposed private way construction/improvement or from the perimeter limits of the lot(s) as determined by the reviewing authority.
   2. The notice shall include a brief description of the application and will notify the recipient of the right to provide comment within fourteen (14) days of the date of City mailing. In addition, the notice may include the date and time of any neighborhood meeting scheduled by the applicant.
   3. The Planning and Zoning Commission shall keep a list of persons notified and shall indicate on the list the date that the notice was mailed.
   4. Failure of a person to receive notice under this section will not invalidate any decision made by the Planning and Zoning Commission and will not require any rehearing of the application.
   5. Review and approval under this section are in addition to any other review and approval required under state law, federal law, or any other provision of the City of Mendon. Where there is any inconsistency between such review standards, the more stringent standard shall control.