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North Logan City Zoning Code

12C-500 Conditional

Uses

12C-501 Permit Required

An approved conditional use permit shall be required for each conditional use listed in this ordinance.

12C-502 Building Permit

No building permit or other permit or license shall be issued for a conditional use by any officer or employee of North Logan City unless a conditional use permit shall have been approved.

12C-503 Application

Application for a conditional use permit shall be made at the office of the North Logan City Planning Commission on forms provided for that purpose.

12C-504 Development Plan

The applicant for a conditional use permit shall prepare a site plan of the proposed conditional use, drawn to scale and showing all existing and proposed buildings, fences, landscaping, automobile parking and loading areas, and any other information the planning commission may deem necessary.

12C-505 Fee

The applicant shall submit an application and review fee in the amount established within the North Logan City Master Fee Schedule.
HISTORY
Amended by Res. 88-2 on 5/20/1988
Amended by Ord. 23-15 on 10/18/2023

12C-506 Reserved


HISTORY
Amended by Ord. 23-15 on 10/18/2023

12C-507 Planning Commission Action

  1. The Planning Commission may approve, modify and approve, or deny the conditional use application.
  2. In approving a conditional use, at minimum the Planning Commission shall make the following written findings:
    1. Reasonable conditions are proposed, or can be imposed, to mitigate (not eliminate) the reasonably anticipated detrimental effects of the proposed use in accordance with applicable standards.
    2. The use will not be unreasonably detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity.
    3. The proposed use will comply with the standards of this ordinance.
    4. The proposed use is in harmony with the intent of the general plan.
HISTORY
Amended by Ord. 23-15 on 10/18/2023

12C-508 Transferability

A conditional use is transferable with the title of the underlying property so that an applicant may convey or assign an approved use without losing the approval. Subsequent owners of the underlying property may continue the conditional use under the originally approved permit and associated conditions. Any change to the use or operations that would be outside the parameters of the original permit would require a permit amendment. An amendment in this situation could only be considered if such amendments are permissible or conditionally permissible under the applicable land use regulations at the time of application.

The recipient of a conditional use permit may not transfer the use from the property for which the approval was granted. If the applicant changes the use on the property, the existing conditional use shall be deemed a voluntary termination thereof
HISTORY
Amended by Ord. 23-15 on 10/18/2023

12C-509 Inspection

The Building Inspector shall inspect the conditional use during the course of construction to insure that it complies with the conditions of the use permit.

12C-510 Expiration And Extension

  1. Expiration. A conditional use permit is valid for 12 months from the Planning Commission approval. If a building permit is required, it shall be obtained within 12 months of Planning Commission approval. If no building permit is required, the use or occupancy of the project for which the permit has been issued shall be initiated and business licenses obtained within one year from the date of the Planning Commission approval.
  2. Extension. Subject to subsection (1) below, a 6-month extension may be granted by the Community Development Director upon prior written request by the applicant submitted no later than 30 days prior to the expiration date.
    1. In order to approve an extension of time, the Community Development Director shall find, based on substantial evidence, that:
      1. The conditional use permit has not been utilized due to reasons beyond the control of the applicant; or
      2. Substantial progress has been made toward obtaining a building permit, as evidenced by the city’s acceptance of a submitted building permit application, or business license application, or both, as the case may be;
      3. Conditions originally approved with the conditional use permit are still viable based on the current applicable requirements of the NLMC; and
      4. No ordinance changes have occurred that may affect the activity or project authorized by the permit.


HISTORY
Amended by Ord. 23-15 on 10/18/2023

12C-511 Revocation

A conditional use permit may be revoked upon failure to comply with the conditions imposed with the original approval of the permit.

12C-512 Special Provisions For Conditional Use Permits For A Dog Kennel

  1. Establishing a Conditional Use Permit for a Dog Kennel - The applicant will complete the conditional use form and pay the conditional use permit fee as per any other conditional use permit. Once the conditional use has been granted, the applicant must obtain a dog kennel license and annually renew that license in order to keep more than two dogs. The maximum number of dogs allowed by a Kennel Permit is 4. The dog kennel license is in addition to the dog licenses required for each individual dog. Conditions established by the conditional use permit reflect the conditions required to maintain the dog kennel license.
  2. Special Considerations - In considering each application for a conditional use permit relating to a dog kennel, the Planning Commission shall consider, among other things; the zone in which the conditional use is proposed; the size of lot involved; the proximity to neighbors and the proposed size of any structure used to house the dogs; its placement on the property; the proposed number of dogs, whether less than two (2) months old or two (2) months or older; the breed/size of dogs to be kept; and whether breeding and the selling of puppies will be part of the kennel permit. Together with anything else stated in an approved permit, each permit shall clearly state the maximum number of dogs to be allowed, both for those less than two (2) months and for those two (2) months and older.
  3. Revocation of a Conditional Use Permit for a Dog Kennel - A conditional use permit granted for the purpose of establishing a dog kennel may be revoked for any reason constituting “good cause.” “Good cause” shall include but not be limited to the following within the discretion of the Planning and Zoning Commission: Circumstances which are detrimental to or have a negative impact on the health, safety and welfare concerns of the citizens and residents of North Logan; incompatible zoning or land use; complaints of noise or odor; failure to keep the dogs under proper care and/or control; failure to comply with the conditions imposed at the time the original approval of the permit was given; the creation and existence of a public or private nuisance; failure of the permit holder or his/her agent or employees to comply with the conditions and requirements of applicable local, county, state and/or federal laws, rules, and regulations; unlawful activities conducted or permitted on the premises for which the conditional use permit was issued; and/or other legitimate factors. Dog Kennel Permit holder must allow scheduled and unscheduled inspection by the City Animal Control Officer. Refusal to allow inspection constitutes “good cause” for revocation. Complaints received by the City Animal Control Officer, or other law enforcement officers concerning a dog kennel or any other activity or business allowed by a conditional use permit may be cause, as determined by the Planning and Zoning Commission, for denying, and/or revoking the conditional use permit. A new conditional use permit for a dog kennel must be obtained under this chapter for any revoked conditional use permit.
  4. A conditional use permit for a dog kennel will be for a particular owner and piece of property and shall therefore not be transferable.
HISTORY
Adopted by Ord. 95-10 on 1/1/1995
Amended by Ord. 19-08 on 4/17/2019

12C-513 Deleted

Deleted by Ord. 10-09

HISTORY
Repealed by Ord. 10-09 on 12/8/2010

12C-514 Special Provisions Related To Conditional Use Permits For Mines, Quarries, And Gravel Pits

In addition to complying with the requirements stated in this Chapter 12C-500, each applicant for a Conditional Use Permit to allow Mines, Quarries and Gravel Pit operations shall comply with the requirements and provisions of Chapter 10-1000. Excavation Ordinance, prior to being granted any Conditional Use Permit for a proposed Mines, Quarries and Gravel Pit operation.

HISTORY
Adopted by Ord. 00-05 on 1/1/2000

12C-515 Reserved


HISTORY
Amended by Ord. 13-05 on 8/21/2013
Amended by Ord. 21-04 on 7/14/2021
Amended by Ord. 23-15 on 10/18/2023

12C-516 Requirements For Large Warehouse Type Storage

The following are additional development standards that are required for any Large Warehouse-type Storage development considered as a conditional use. A site plan including all structures, pavement, and landscape, shall be submitted with the conditional use permit application for review with the application.

  1. No Large Warehouse-type storage facilities are to be located any closer than three hundred thirty (330) feet from U.S. 91, Main Street or 2500 North.
  2. Large, Warehouse-Type Storage facilities located between 330 feet and 660 feet of either Hwy 91 or 2500 North are required to integrate a retail storefront. The floor area of this retail storefront shall be the equivalent of not less than 5% of the overall floor area of the associated Large Warehouse-Type storage facility.
  3. Large Warehouse-Type Storage facilities with frontage on Hwy 91 shall adhere to the improvement requirements detailed in 12C-1101(J).
  4. With exception to frontages along Hwy 91, a minimum of a twenty (20) foot landscape setback must be installed and maintained along the frontage of any other public street.
    1. With exception to Large Warehouse-Type Storage facilities providing a retail storefront, a landscaped berm a minimum of three (3) feet in height must be installed and maintained within the required landscape setback.
    2. A minimum of one tree per thirty (30) feet of frontage shall be planted within the required landscape setback, and shall meet all size requirements found in 12C-1101 (I) and shall count toward the total number of required trees for the development.
    3. All landscape setbacks are required to be irrigated by an automatic irrigation system.
  5. All outside storage shall be located at the rear of the property, screened from public view by a six (6) foot solid screen fence, and approved through a design review permit.
  6. All structures must be constructed on a footing or foundation that is in compliance with current building code.


HISTORY
Adopted by Ord. 21-09 on 11/3/2021
Amended by Ord. 23-06 on 3/1/2023

12C-517 Requirements For Short-Term Rentals

  1. All short-term rentals shall meet the following requirements in addition to any conditions of approval imposed by the Planning Commission.
    1. Application. Applications for a short-term rental shall contain the location of the short-term rental, the number of rooms available for rent, and the maximum number of people the short-term rental will accommodate.
    2. Parking. A minimum of one (1) off-street parking space shall be provided for each short-term rental in addition to any required spaces for the existing residential use. If the maximum number of people that the short-term rental will accommodate is over three (3) persons, one (1) additional off-street parking space shall be provided for every additional two (2) persons. All parking intended to accommodate a short-term rental shall be paved with surfacing material of asphalt or concrete composition. All parking associated with the short-term rental shall be kept on-site and off-street at all times.
    3. Noise. The owner of any short-term rental is responsible for regulating the noise created by the occupants. Repeated violation of the North Logan City Noise Control Ordinance is grounds for license revocation.
    4. Occupancy. The maximum occupancy for a short-term rental property shall be no more than two people per bedroom, plus four people. A property’s maximum occupancy may be reduced due to a property’s parking constraints. Repeated violation of the maximum occupancy is grounds for license revocation.
    5. Each short-term rental shall be inspected as follows:
      1. Building department inspection. Each short-term rental shall be inspected as a condition of initial permit issuance. Any discrepancies found during inspection shall be remedied to the building department’s satisfaction prior to permit issuance.
      2. Fire department inspection. Each short-term rental shall be inspected as a condition of initial permit issuance and every other year thereafter prior to business license renewal. Any discrepancies found during inspection shall be remedied to the fire department’s satisfaction prior to permit issuance or business license renewal.
    6. Each applicant for a license under this Section is solely responsible for determining the applicability of any private covenants, conditions, and restrictions that may be applicable to short-term rentals, and granting of a license under this Section is not an indication of the absence of private covenants, conditions, and restrictions that may restrict or prohibit short-term rentals on the applicant’s property.
    7. Short-term rental owners shall pay all taxes and fees relating to the short-term rental, including without limitation the business license fees, property tax, sales tax, and the Utah Transient Room Tax.
      1. Proof of payment of all required taxes and fees shall be submitted by the applicant and verified by the Business License Official upon request and upon yearly renewal of the license.
      2. Copy of the appropriate sales tax license issued by the State of Utah shall be submitted and verified with the initial application for any short-term rental.
  2. Revocation of a conditional use permit for a short-term rental. A conditional use permit granted for the purpose of establishing a short-term rental may be revoked for any reason constituting “good cause.” “Good cause” shall include but not be limited to the following within the discretion of the Planning Commission:
    1. Circumstances which are detrimental to or have a negative impact on the health, safety and welfare concerns of the citizens and residents of North Logan.
    2. Repeated complaints of noise or odor.
    3. Failure to comply with the conditions imposed at the time the original approval of the permit was given.
    4. The creation and existence of a public or private nuisance.
    5. Failure of the permit holder or his/her agent or employees to comply with the conditions and requirements of applicable local, county, state and/or federal laws, rules, and regulations.
    6. Unlawful activities conducted or permitted on the premises for which the conditional use permit was issued.


HISTORY
Adopted by Ord. 23-15 on 10/18/2023

23-15

19-08

10-09

13-05

21-04

21-09

23-06