The purpose and intent of conditional uses is to allow in certain areas compatible integration of uses which are related to the permitted uses of the zone, but which may be suitable and desirable only in certain locations in that zone due to conditions and circumstances peculiar to that location and/or upon certain conditions which make the uses suitable and/or only if such uses are designed, laid out and constructed on the proposed site in a particular manner.

(1985 Code § 19-7-1)

A conditional use permit shall be required for all uses listed as conditional uses in the zone regulations. A conditional use permit may be revoked by the city council after review and recommendation by the planning commission upon failure to comply with the conditions imposed with the original approval of the permit.

(1985 Code § 19-7-2)

A.

Application: Application for a conditional use permit shall be made to the community development department.

B.

Plans: Detailed location, site and building plans shall accompany the completed application forms provided by the city. For structures in existence, only a location plan need be provided.

1.

New construction: Detailed location, site and building plans shall accompany the completed application.

2.

Existing structures: A detailed location plan shall accompany the completed application.

C.

Approval Authority: Consideration will be made by the community development staff. All other applications will be forwarded to the planning commission. The application, together with all pertinent information, shall be considered by the planning commission at its next regularly scheduled meeting.

1.

New construction: Planning commission.

2.

Existing structures: Community development department staff.

D.

Public Hearing: The planning commission may call a specific public hearing on any application after adequate notice if it is deemed in the public interest. The planning commission shall take action on the application by the second meeting of the planning commission after the application filing date. A record of the hearing, together with a recommendation for denial or issuance of the conditional use permit with conditions of approval or reasons for denial, shall be forwarded to the city council.

(1985 Code § 19-7-3; Ord. 665, 8-19-2008)

SIn authorizing any conditional use, the planning commission shall impose such requirements and conditions necessary for the protection of adjacent properties and the public welfare.

(Ord. 665, 8-19-2008)

The planning commission shall review a conditional use permit with evidence presented to establish that:

A.

A conditional use shall be approved if reasonable conditions are proposed or can be imposed to mitigate the reasonably anticipated detrimental effects of the proposed use in accordance with applicable standards.

B.

If the reasonably anticipated detrimental effects of a proposed conditional use cannot be substantially mitigated by the proposal or the imposition of reasonable conditions to achieve compliance with applicable standards, the conditional use may be denied.

C.

The proposed use of the particular location is necessary or desirable to provide a service or facility which will contribute to the general well being of the community; and

D.

Such use will not, under the circumstances of the particular case and the conditions imposed, be detrimental to the health, safety and general welfare of persons nor injurious to property or improvements in the community, but will be compatible with and complementary to the existing surrounding uses, buildings and structures when considering traffic generation, parking, building design and location, landscaping and signs; and

E.

The proposed use conforms to the goals, policies and conditions specified in this chapter for such use; and

F.

That the proposed use conforms to the goals, policies and governing principles and land use of the master plan for the city; and

G.

The proposed use will not lead to the deterioration of the environment, or ecology of the general area, nor will it produce conditions or emit pollutants of such a type or of such a quantity so as to detrimentally affect, to any appreciable degree, public or private property, including the operation of existing uses thereon, in the immediate vicinity or the community or area as a whole.

(Ord. 665, 8-19-2008)

The decision of the planning commission may be appealed to the city council by filing such appeal within ten (10) calendar days after the final decision was made in the planning commission meeting. The city council may uphold or reverse the decision of the planning commission and impose any additional conditions that it may deem necessary in granting an appeal. The decision of the city council shall be final.

(Ord. 665, 8-19-2008)

Upon receipt of a conditional use permit, the developer shall take such permit to the building inspector, who will review the permit and conditions attached. Based on this review and compliance with any other items that might develop in the pursuance of his duties, the building inspector may approve an application for a building permit and shall ensure that development is undertaken and completed in compliance with said permit and conditions pertaining thereto.

(1985 Code § 19-7-8)

Unless there is substantial action under a conditional use permit within a period of one year of its issuance as determined by the planning commission, the conditional use permit shall expire. The planning commission may grant a maximum extension of six (6) months under exceptional circumstances.

(1985 Code § 19-7-9)

A.

Purpose: The purpose of this section is to allow for the temporary sale of certain seasonal products in designated areas of Riverdale City while ensuring compatibility with existing land uses and maintaining public safety, aesthetics, and accessibility.

B.

Permitted Uses: The following seasonal product sales are permitted:

1.

Fresh fruits and vegetables (e.g., farmers' markets, roadside stands);

2.

Holiday-related items (e.g., pumpkins, Christmas trees, fireworks);

3.

Other temporary seasonal goods as approved by the community development director (e.g., shaved ice/snow cones).

C.

Zoning Districts & Locations:

1.

Commercial (C-3): Permitted as a conditional use with adequate parking and access.

2.

Agricultural (A-1, A-2): Permitted for roadside stands selling produce grown on-site.

3.

Residential (R-1, R-2, R-3): Not permitted.

D.

Operational Standards:

1.

Permit Requirement: A temporary use permit is required. Applicants must submit an application in writing to the community development director or designee, including an informal site plan drawn to scale. No temporary seasonal structure shall be permitted on a vacant parcel or a parcel lacking an approved site plan. A valid Utah State Tax Commission certificate listing Riverdale City as the point of sale must be provided unless exempt by law.

2.

Duration: Seasonal sales may not exceed twenty (20) weeks in duration.

3.

Hours of Operation: Permitted only between 8:00 AM and 9:00 PM.

4.

Site and Structure Requirements:

a.

Must be located on private property with written consent of the property owner;

b.

May not obstruct sidewalks, driveways, or fire lanes;

c.

Adequate on-site parking must be provided;

d.

Structures must be self-contained with no utility connections to adjacent properties;

e.

Structures may not exceed two hundred (200) square feet in size;

f.

Only one (1) structure per site is permitted; structures must be at least five hundred (500) linear feet, per street side, from any other temporary seasonal sales structure.

5.

Signage: Must comply with Riverdale City sign ordinances and be removed within twenty-four (24) hours after the conclusion of sales.

6.

Health and Safety Compliance: All vendors selling food must comply with Weber-Morgan Health Department regulations.

7.

Waste Management: Vendors must maintain site cleanliness and provide trash receptacles for public use.

E.

Approval Authority: The community development director has authority to approve or deny seasonal sales permits. Consultations with the fire department, public works, city attorney, or city engineer may be conducted as necessary.

F.

Appeals: Appeals of the community development director's decision must be filed with the planning commission within ten (10) calendar days of the decision. The planning commission's decision shall be final.

G.

Enforcement and Penalty: Violations of this section constitute a class C misdemeanor and shall be punishable as provided in section 1-4-1 of the Riverdale City Code. The community development department and code enforcement division shall oversee enforcement.

(Ord. 830, 2-5-2013; Ord. No. 992, § 1, 4-15-2025)