Uses designated in the land use matrix, as City Staff (CS), Planning Commission (PC), and City Council (CC) are conditional uses that require special consideration by the land use authority. The purpose of this chapter is to allow the most appropriate level of land use authority to evaluate the reasonable conditions to mitigate potential negative effects of the proposed use on a case-by-case basis. The conditional use permit process allows the City Staff (CS), the Planning Commission (PC), or City Council, (CC) to approve, conditionally approve, or deny requests for a conditional use permit. All permits shall begin with the City Staff (CS), and progress to the level listed below before the permit is issued. If a use is Permitted (P) within a certain zone, no approval is needed from the City to carry out that use, excluding potential building inspection or health department approvals, etc. Uses thatwhich are not specifically permitted within a zone are prohibited.

*Accessory buildings must have a permit from the City if the building is larger than 400 square feet (400 sq ft).

1. Residential Water Requirements: All residential lots and subdivisions shall be required to provide 0.5 acre-foot (AF) of culinary water for indoor use per equivalent residential connection (ERC).
2. The requesting subdivisions/residential lots will provide a minimum of 1/4 (one-fourth) share of Mona irrigation water per half acre, which must be developed from sources not linked to the city's culinary delivery system. Irrigation water must be developed and delivered from a reputable and functioning irrigation company with a governing board that confirms ownership and delivery of water. Water requirements are the responsibility of the developer and must be in place prior to final approval of the subdivision plat, site plan, or issuance of a building permit for any lots.
3. Commercial Water Requirements: Sufficient culinary and irrigation water rights and/or systems must be provided to each business in this zone. Public or private (irrigation) water sources may be utilized dependent upon delivery means and proximity to public sources. All proposed systems and/or water rights must be approved for adequacy by city staff, the Planning Commission, the City Council, and, if applicable, the Mona Irrigation Company.
4. All lot owners shall enter into a three-way agreement between the entity responsible for delivering irrigation water, Mona City, and the owner of the land/water, prior to the issuance of a building permit. All water must be permanently dedicated to the individual property for the proper approved usage.
5. Ownership of culinary rights will be deeded to the city prior to final approval of a subdivision, or issuance of a building permit. All water rights must be approved by the state engineer and shall be in compliance with federal, state, county, and city laws and ordinances.

(Ord. passed 4-13-2021)

1. All lots and subdivisions shall be required to provide 0.5 acre-foot (AF) of culinary water for indoor use per equivalent residential connection (ERC).
2. The requesting subdivisions/lots will provide a minimum of 1/4 (one-fourth) share of Mona irrigation water per half acre, which must be developed from sources not linked to the city's culinary delivery system. Irrigation water must be developed and delivered from a reputable and functioning irrigation company with a governing board that confirms ownership and delivery of the water. Water requirements are the responsibility of the developer and must be in place prior to final plat application approval and the issuance of a building permit for any lots.
3. All lot owners shall enter into a three-way agreement between the entity responsible for delivering irrigation water, Mona City, and the owner of the land/water, prior to the final plat application approval and the issuance of a building permit. All water must be permanently dedicated to the individual property for the proper approved usage.
4. Ownership of culinary rights will be deeded to the city prior to issuance of a building permit. All water rights must be approved by the state engineer and shall be in compliance with federal, state, county, and city laws and ordinances.

(Ord. passed 4-13-2021)

Mona City zoning regulations as permitted in the land use table in section 10-6-1 allows for an accessory dwelling unit in the Residential-1 (R) and Combined Use (CU) zones, subject to obtaining a building permit, complying with all building, zoning and other applicable regulations as required by the city in order to be occupied. Accessory Dwelling Units (ADU) must follow Utah State Code 10-9a-530. Accessory dwelling units are also subject to building inspections to verify compliance with all applicable regulations. The following standards are required to be met before occupation:

1. No more than one accessory dwelling unit shall be permitted on the same lot as a single-family dwelling.
2. The main dwelling of the ADU must be owner-occupied for at least six months of the calendar year per Utah State Code §10-9a-530-4j.
   
3. The accessory dwelling must be constructed within the zoning and setback standards of the zone in which it is located.
4. An accessory dwelling unit must have a shared wall or attached garage sharing a wall with the main dwelling unit on the lot and may only be located in the following locations:
   1. Over an attached garage and has an internal connection to the garage.
   2. Inside a single-family dwelling
   3. By an addition to the dwelling as long as it does not alter the original character of the single-family dwelling.
5. Only one front door shall be visible from the front yard. Any new entrance shall be on the side or rear of the home.
6. There shall be one additional off-street parking space.
7. The accessory dwelling unit shall not exceed 1,000 square feet. (Ord. passed 4-13-2021)

1. Water Systems: Sufficient culinary and irrigation water rights and/or systems must be provided to each new lot created within this zone. Irrigation water must be developed and delivered from a reputable and functioning irrigation company with a governing board that confirms ownership and delivery of the water.
2. Sewer Systems: All development within the city must connect to the public system.
3. Nonresidential or Mixed Use Developments: All landscaping, parking and other applicable development standards shall apply.
4. Access: All properties must be accessed from improved public or private roads that comply with all public safety accessibility standards. Private roads may only be approved where documentation of a permanent maintenance and funding plan is provided. Though private roads are not encouraged, they are allowed with City Council approval, whether or not a public road could be constructed with property development constraints.
5. Development Agreements: Any property owner wanting to develop within this zone must enter into a development agreement with the city prior to final development approvals being granted. Such agreements should address the above development standards and any other criteria deemed appropriate by the property owner or city. 
6. Establishment of Homeowners' Associations: A HOA shall be established for the general maintenance, upkeep and enforcement of those areas held in common or limited common ownership. The following standards must be met in establishing a HOA:
   1. A feasibility study shall be provided to the city which evaluates:
      1. A maintenance plan for all common or limited common areas within the development and areas for which the HOA is responsible.
      2. Estimated annual maintenance costs of common or limited common areas.
      3. Cost of replacing common or limited common structures, facilities, roads, amenities, etc., in a five (5), ten (10), and fifteen (15) year period.
      4. Recommended minimum HOA fees per unit necessary to handle annual maintenance and replacement costs.
      5. Upfront capital necessary for a maintenance fund to be sustained until sixty percent (60%) of the planned units are owner occupied/leased.
   2. The developer shall provide the upfront capital to the HOA, which is necessary for the maintenance fund to be sustained through project development and for a period of at least one year upon completion. This is in addition to any bonding requirements for the development.
   3. If a secondary irrigation system is to be implemented and maintained by a HOA, fees must be collected and managed by the HOA.
   4. The HOA must maintain the common or limited common areas within the planned unit development in accordance with the approved development plan or agreement. Failure to do so will constitute a violation of this section. Furthermore, no deviation by the HOA from the approved development plan can be made without prior approval from the city, including termination of the HOA.
   5. Codes, covenants, and restrictions (CC&Rs) for the development must be approved by the city council to assure compliance with the above standards.
      (Ord. passed 4-13-2021)

The City Council shall issue a permit for an open pit, a stockpile, or a waste dump only when all of the following are met:

1. The site lies in a zone where such use is a permitted or conditional use.
2. The applicant has submitted an application for a business license for the proposed use and has paid all applicable fees.
3. The applicant has presented an accurate site plan that shows the topography, utilities, roads and structures on the site at both the pre-permit stage and the stage after completing the excavation and rehabilitation of the pit.
4. 1. There shall be no limit as to the area or portion of a lot that may be disturbed and involved in the extraction process as long as the entire disturbed area has been included in the rehabilitation bond required; also there shall be no limit to the time period used to complete the extraction of material.
   2. Exception. Upon finding such is necessary to protect the property values of neighboring property interests or to preserve desirable aesthetics, the City Council may require as part of the bond agreement that the extent of the disturbed area at the site of extraction shall be no larger than seven acres at any one time and/or may require that the extraction process shall cease and the site rehabilitated (whether or not all materials have been obtained) within a specific time period, not to be less than five years. When limited to seven-acre units, the pit, or portions of it, shall be closed, rehabilitated, and approved by the City Engineer as meeting the standards of this chapter before further areas are disturbed.
5. The standards for rehabilitating the site shall be:
   1. The side walls of a pit or mound shall be smoothed and evenly contoured, and the floor of a pit or top of a mound shall be flattened and leveled.
   2. Mounds of fill shall not remain after rehabilitation of an extraction operation, even if utility poles must be relocated at the operator's expense; mounds may only be permitted in conjunction with a mine waste dump.
   3. No depression which lacks a surface outlet, nor pond or intermittent lake on the floor of the pit, shall exist on the rehabilitated site.
   4. No slope shall be steeper than the critical angle of repose (e.g., 33 degrees for gravel deposits).
   5. All areas shall be covered with a one-inch or thicker layer of topsoil and reseeded with a hardy plant material having a sufficient concentration to screen at least 25% of the exposed surface from view.
6. When the pit (or mound) and rehabilitation bond are proposed to cover less than the entire area of the lot, the operator shall place clearly identifiable survey markers on the outer boundaries of the bonded area and shall maintain such until the bond is released by the city. The Planning Commission may request an annual on-site investigation and report of the City Engineer to determine whether the terms of the grading plan, rehabilitation plan and bond agreement are being met.
7. Surface mining shall proceed in an orderly manner from the outer boundaries and lower slopes of the property inward and upward so the property can be rehabilitated in the older areas of the pit while new areas are being opened up.
8. Dust generated in the extraction and processing of the earth products shall be kept under control by the operator and contained on-site by paving main roads in the pit, wetting extraction areas and loaded trucks, placing berms or landscape screening for protection from the prevailing winds and other suitable measures.
9. All cuts and fills shall be set back from the property boundary or boundary of the approved extraction site a distance of at least five feet.
10. The applicant shall present an off-site plan of any local public streets which loaded trucks will use in gaining access to state highways and arterial streets. The pit operator shall be liable for any severe damage his operation causes to such local roads.
11. The pit and/or extraction operation shall not constitute a nuisance.

(Ord. passed 4-13-2021)