A.

A person seeking approval of a Conditional Use must file a Complete Application, using the forms established by the Community Development Department, and include payment of all fees. For any Application to construct a Building or other improvement to property for a Use that is defined by this Code as allowed in the zoning district in which the Building is proposed, the Community Development Department and the City Engineer must review the Application to determine whether the proposal:

1.

Is allowed within the district where it is proposed;

2.

Is proposed for Development on a legally subdivided Lot;

3.

Can be adequately serviced by Dedicated roads, improved to City Standards and existing or proposed utility systems or lines;

4.

Complies with all applicable Development requirements of that district, including Building Height, Setbacks, and Lot Coverage;

5.

Meets the applicable Development Standards requirements;

6.

Conforms to the Design Guidelines and the design review process established for that district;

7.

Requires additional conditions of approval;

8.

Complies with the Construction Codes; and

9.

Pertains to land for which all tax assessments have been paid.

B.

The Community Development Department staff shall notify the Applicant of any specific deficiencies in the proposal.

C.

No permit or license issued shall be valid if any of the criteria listed in this Section have not been met.

D.

The land use authority is the Planning Commission for Conditional Use Applications.

(Ord. No. 2020-02, § IV(Exh. C), 1-8-2020)

In reviewing an Application for a Conditional Use Permit, the land use authority shall consider whether the Application:

A.

Identifies the maximum intensity of the proposed Development and Use;

B.

Complies with all provisions of the Code; and

C.

Compared to Permitted Uses and Development within the district, substantially mitigates the adverse impacts that are reasonably anticipated from the magnitude and intensity of the Development and Use, as proposed, considering:

1.

The size and location of the site;

2.

Traffic generation, timing, and nature of traffic impacts and the existing condition and capacity of the Streets in the area;

3.

Utility demand and available capacity, including storm water retention;

4.

Emergency vehicle access and anticipated average and peak day demand;

5.

Location and amount of off-Street parking;

6.

Internal vehicular and pedestrian circulation system, including delivery vehicles, loading and unloading;

7.

Fencing, Screening, and Landscaping to separate the Conditional Use from adjoining property and Uses;

8.

Building mass, bulk, design, and orientation, and the location of Buildings on the site including orientation to Buildings on adjoining Lots or Parcels;

9.

Usable open space;

10.

Signs and lighting;

11.

Physical design and Compatibility with surrounding structures in terms of mass, Scale, style, design, and architectural detailing;

12.

Noise, vibration, odors, steam, or other factors that might adversely affect people and property off-site;

13.

Control of delivery and service vehicles, loading and unloading zones;

14.

Generation and Screening of waste;

15.

Recycling program and pickup areas;

16.

The potential adverse impacts arising from the conduct of patrons, guests, employees, occupants, or their affiliates;

17.

Within and adjoining the site, the impacts of the Use on public property and environmentally sensitive lands;

18.

Hours of operation, delivery, and activity;

19.

Special hazards arising from the Use or from its reasonably anticipated secondary effects, including its potential to attract criminal behavior; and

20.

Demand for public infrastructure or services.

(Ord. No. 2020-02, § IV(Exh. C), 1-8-2020)

A.

The outdoor display of goods or merchandise is prohibited unless expressly allowed elsewhere in this Title.

B.

The outdoor storage of any goods or merchandise is prohibited.

(Ord. No. 2020-02, § IV(Exh. C), 1-8-2020)

The Conditional Uses listed below require compliance with their corresponding specific standards in addition to any other applicable requirements of this Code, including the General Conditional Use standards in Section 17.05.020 and applicable Chapter 17.04 requirements.

A.

Adult Daycare. An Adult Daycare Use shall not include any overnight Residential Use and shall not be located within two thousand six hundred forty (2,640) feet of any Homeless Shelter Use. The distance shall be measured at the closest Property Lines.

B.

Alcoholic Beverage Uses. All Alcoholic Beverage Uses designated as "C"—Conditional Uses—in the Title 17 Land-Use Matrix are subject to the following, additional standards:

1.

Alcoholic Beverage, Bar Establishment; Alcoholic Beverage, Beer Wholesaler; Alcoholic Beverage, Liquor Warehouse; Alcoholic Beverage, Manufacturer; Alcoholic Beverage, Tavern; and Alcoholic Beverage, State Liquor Store Uses also may not be located (a) any closer to a residential district than six hundred (600) feet, as measured at the closest Property Lines, (b) any closer to a community location than permitted under section 32B-1- 202 of the Utah Code, as amended, (c) nor any closer to a Homeless Shelter than two thousand six hundred forty (2,640) feet, as measured at the closest Property Lines.

2.

All such Uses shall incorporate plenary operational and management practices, including the use of properly licensed, bonded, and insured security personnel, to prevent and mitigate adverse on-premises and offsite behavioral and safety impacts.

3.

All such Uses shall maintain throughout all areas of the subject premises during all business hours a minimum of one candle power light measured at a level five feet above the floor.

C.

Animal Kennel/Day Care, Commercial. All instances of this Use shall comply with the criteria specified in Title 6 of this Code. Additionally, all outdoor play areas shall be located a minimum of one hundred fifty feet (150') from any residential district.

D.

Assisted Living Facility. All instances of this Use shall comply with and provide, as applicable, the following:

1.

Proof of state licensure for Assisted Living Facility;

2.

A design, residential in character and architecturally Compatible with the neighborhood, which adequately screens the Use from neighboring Lots and complies with Utah Department of Health standards;

3.

An outdoor lighting plan which adequately screens lighting to mitigate its impact on surrounding Uses;

4.

A Sign plan which includes no more than two (2) square feet of signage for facilities on Public Streets smaller than Collector Streets, and monument signs not to exceed thirty-two (32) square feet for facilities on Public Streets considered Collector Streets or larger; and

5.

A delivery, traffic, and parking plan which adequately mitigates the adverse impacts of increased traffic generation on the neighborhood in which the proposed Use is located. The parking plan must propose parking appropriate for the proposed Use of the facility.

6.

An Applicant for this Use acknowledges: its responsibility for each unlawful request for emergency services at the facility, under Chapter 8.34 of this Code; that it is the recipient of all emergency services under Section 2.40.060 of this Code; and shall reimburse the City for the costs of all emergency services rendered at or to residents of the facility under Section 2.40.270 of this Code.

E.

Auto, Light Truck, RV, Boat, Trailer Dealerships (Sale, Lease, or Rent). In addition to being subject to the Design Review process, all instances of this Use (including change of a prior instance of this Use) shall comply with the following criteria:

1.

Landscaping shall be required along any Street Frontage and shall be subject to the Development Standards of Chapter 17.06 of this Code.

2.

Buildings must meet the minimum Setback requirements of their respective districts.

3.

Designated customer parking must be provided at a ratio of one (1) space for every twenty (20) vehicles displayed, with a maximum of fifteen (15) spaces required. A minimum of three employee Parking Stalls must be provided. Off-Street customer and employee Parking Stalls must be identified.

4.

All Buildings other than sales offices only must provide additional designated Parking Stalls at a ratio of one (1) space per five hundred (500) square feet of floor space.

5.

All businesses adjacent to residential districts shall require design review approval from the Planning Commission.

6.

Where any business is adjacent to a Residential Use, a Buffer between the Residential Use and the business shall be required. Walls, Landscaping, special Setbacks, other elements, or a combination of these items must be used, as appropriate, to mitigate the impact upon the adjacent Residential Use. The City shall consider the visual appearance of the site, the traffic flows, noise, light and the size and purpose of adjacent Streets or Alleys, the extent of the business operations, and other factors in determining the Buffer sufficiency.

7.

Outside loudspeakers, lighting which intrudes into adjacent properties, deliveries before 7:00 a.m. or after 10:00 p.m., the use of Public Streets for loading and unloading, repair work outside of a Building, and any other public nuisance conduct shall be prohibited.

8.

For the purposes of maintaining safe access and to promote uncluttered and attractive displays, all outdoor Auto, Light Truck, RV, Boat, and Trailer displays must be done in a manner consistent with Parking Lot requirements and such that all individual units can be relocated without the necessity of first relocating others.

9.

All Auto, Light Trucks, RVs, Boats, and Trailers displayed shall meet all requirements of law at all times, shall be in operating condition, shall not have flat tires or broken windows, and shall be capable of being licensed and registered without additional repair or alteration.

10.

The minimum outdoor display lot area, not including any Buildings, for any Auto, Light Truck, RV, Boat, Trailer Dealerships (Sale, Lease, or Rent) Use shall be one (1) acre. The one (1) acre of required display lot area shall be located in the front and side yard areas. Lot area behind a Building shall not be counted as required display lot area. All vehicle display areas shall be Hard-Surfaced as established in the City's parking, access, and circulation requirements. When a Development is larger than one (1) acre and contains more than (1) business, an Auto, Light Truck, RV, Boat, Trailer Dealerships (Sale, Lease, or Rent) Use may be located within that Development if all requirements of this Title are met, including:

a.

Parking requirements;

b.

Site and Landscaping requirements;

c.

Ingress and egress points are provided for the other businesses; and

d.

The devoted outdoor display lot area is a minimum of one (1) acre in area.

11.

The minimum Lot Frontage shall be two hundred (200) feet in width. The Frontage of Corner Lots shall be determined by the Street on which the property is addressed.

12.

Auto, Light Truck, RV, Boat, Trailer Dealerships (Sale, Lease, or Rent) Uses are exempt from the minimum outdoor display lot area and Lot Frontage requirements of this Section if all inventory is stored and displayed indoors. Indoor-only Auto, Light Truck, RV, Boat, Trailer Dealerships (Sale, Lease, or Rent) Uses are subject to all other applicable requirements of this Section, and the following additional standards:

a.

Sales of vehicles must be conducted entirely within a fully-enclosed Building consisting of a showroom with an area no smaller than three thousand (3,000) square feet.

b.

Showroom spaces shall be visible from the exterior of the Building, through the use of windows, storefronts, or other Architectural Elements using either a Single-Story Commercial or Flex Building form.

c.

Outdoor sales, display, and storage of Autos, Light Trucks, RVs, Boats, and Trailers is prohibited.

d.

Parking associated with indoor-only Auto, Light Truck, RV, Boat, Trailer Dealerships (Sale, Lease, or Rent) Uses shall only be used for customers and employees.

F.

Child Care Center. All instances of this Use shall comply with and provide, as applicable, the following:

1.

Proof of state licensure;

2.

A design which precludes a front yard playground; and

3.

A delivery, traffic, and parking plan which adequately mitigates the adverse impacts of increased traffic generation in the neighborhood where the Use proposed to be located.

G.

Convenience Stores with Fuel Pumps.

1.

The pump islands of the convenience store may be erected in the Front Yard area provided the pumps are set back at least twenty-four (24) feet from the Right-of-Way of any Street.

2.

Hard-Surfaced driveways leading to and from a pump island and other properly located service facilities permitted on the property shall be allowed in the Front Yard area provided that the driveways shall be defined by the construction of a concrete curb on the side adjoining the sidewalk. The area between the curb and the sidewalk shall be landscaped to comply with Chapter 17.06.

3.

A ten-foot distance shall be maintained between a driveway and the Property Line with which it is parallel or approximately parallel.

4.

All Parking Areas on the convenience store Lot shall maintain the required landscaped Front Yard as required in Chapter 17.06 and shall be bordered by concrete curbing.

H.

Day Treatment Center. All Day Treatment Center Uses shall be outpatient only with no inpatient residential component. Day Treatment Center Uses shall not be located any closer to residential districts, Parks, or Schools than six hundred (600) feet, nor within two thousand six hundred forty (2,640) feet of any Homeless Shelter Use, as measured at the closest Property Lines.

I.

Family Interim Non-Congregate Children Housing ("FINCH") Facility. A FINCH facility Use shall:

1.

Conduct all operations within an enclosed Structure;

2.

Serve only properly registered families who qualify for residency in a FINCH facility;

3.

Provide adequately staffed, 24-hour, on-site management;

4.

Provide adequately staffed, licensed, and bonded private security (or properly trained off- duty police officers) to minimize the demand on public emergency services providers;

5.

Participate in and support the City's comprehensive management plan to prevent the deterioration of public health and public safety in the vicinity as a result of the Use, the potential for loss of community in the neighborhood, the deterioration of public assets or the devaluation of private property by demonstrating:

a.

Effective measures to:

i.

Minimize neighborhood disruption associated with the Use and the potential for excessive demands for City services;

ii.

Minimize the spread of disease both on and off-Site;

iii.

Protect and nurture children housed on-Site;

iv.

Ensure the safety and convenience of emergency responders and public safety personnel; and

v.

Deter and promptly remediate graffiti.

b.

Engage in good faith efforts, to support the City's request to obtain adequate resources and commitments from the State of Utah, and other benefactors, to promptly reimburse the City for:

i.

The disproportionate cost or consumption of City services resulting from the Use;

ii.

Each unlawful request for emergency services associated with the Use of the facility, under Section 8.34.020; and

iii.

The costs of all emergency and public safety services rendered at the facility as the designated "recipient" under Section 2.40.070;

c.

Implementation of specific, objective, and accountable security and operations measures and policies to:

i.

Safely store all guest weapons in a secure location, to:

A.

Securely store all prescribed medication;

B.

Prohibit on-site illegal drug possession or use; and

C.

Prohibit the possession or storage of any stolen property;

ii.

Reduce the proliferation of crime off-Site that is associated with the Use;

iii.

Reduce the Use from supporting, attracting, compounding the adverse impacts of an off-Site homeless population near the facility;

iv.

Minimize the production, accumulation, disposal, and transportation of solid waste;

v.

Enforce appropriate quiet hours to protect resident children's health and the quiet enjoyment of neighboring properties;

vi.

Screen guests for, and promptly refer and transfer applicable guests to, off- Site rehabilitation and detoxification or mental health programs, if available;

vii.

Regularly address ongoing operational complaints from residents within the facility, from public safety personnel, and from neighboring residents and businesses that arise from the Use;

viii.

Maintain a comprehensive guest registry system that is maintained for a minimum of two years and is readily available to public safety personnel to the extent allowed by applicable law;

ix.

Transition guests from the facility to more permanent housing opportunities as soon as reasonably possible;

x.

Identify and facilitate registration of convicted sex offenders, and prohibit those who have a sex offense against a minor in the past 10 [years] from remaining at the Facility;

xi.

Enforce a reasonable code of guest conduct, in collaboration with the South Salt Lake City Police Department, including the prohibition of pan handling within the City;

xii.

Minimize vehicular and pedestrian traffic generation to and from the facility;

xiii.

Prevent/eliminate off-premises parking within the City associated with the Use; and

xiv.

Assure the safety of children within the facility, and promote the intellectual and emotional health and development, of children housed in the facility.

J.

Funeral/Mortuary Home. This Use cannot share space or any Common Wall with another Use.

K.

Homeless Shelter. Any Homeless Shelter Use shall:

1.

Comply with the urban-style Multi-Family design standards;

2.

Conduct all operations within an enclosed structure;

3.

Serve only registered, overnight guests;

4.

Provide 24-hour, on-site management and security;

5.

Provide, implement and maintain a comprehensive design and management plan to prevent the deterioration of public health and public safety, the potential for loss of community, the deterioration of public assets and the devaluation of private property that Utah has recently experienced as a result of the opioid crisis, incomplete criminal justice reform, the lack of long term affordable housing, a lack of qualified and affordable long term treatment facilities and a poorly managed concentration of homeless individuals housed in overcrowded and understaffed facilities by demonstrating:

a.

Effective measures to:

i.

Minimize neighborhood disruption associated with the Use and the potential for excessive demands for City services;

ii.

Adequately and professionally staff the facility;

iii.

Prevent the spread of disease both on and off-site; and

iv.

Ensure the safety and convenience of public safety personnel;

b.

Adequate resources and commitment to promptly reimburse the City for:

i.

The disproportionate cost or consumption of City services resulting from the use;

ii.

Each unlawful request for emergency services associated with the Use of the facility, under Section 8.34.020;

iii.

The costs of all emergency services rendered at the facility as the designated "recipient" under Section 2.40.070;

iv.

Implementation of specific objective, and accountable security and operations measures to prevent and eliminate:

a)

Criminal activity on-site, including policies to safely store all guest weapons in a secure location, to securely store and dispense all prescribed medication, to prohibit on-site illegal drug possession or use and possession or storage of any stolen property;

b)

Proliferation of crime off-site that is associated with the use;

c)

Potential for the facility to support/attract/compound the adverse impacts of an off-site homeless population within a one-mile radius of the facility;

d)

Best management practices to minimize the production, accumulation, disposal and transportation of solid waste;

e)

Enforcement of quiet hours to protect neighboring properties;

f)

A transparent and effective guest screening system to promptly refer and transfer applicable guests to off-site rehabilitation and detoxification or mental health programs;

g)

Specific processes and objective commitments to regularly address ongoing operational complaints;

h)

Comprehensive guest registry system that is maintained for a minimum of two years and is readily available to public safety personnel;

i)

Detailed plan to transition guests from shelter within 90 days of initial registry;

j)

Coordination with public safety regarding notice of any registered sex offender within the facility;

k)

A reasonable code of guest conduct, including the prohibition of pan handling within the City;

l)

Best practices to minimize vehicular and pedestrian traffic generation to and from facility.

L.

Home Occupation, Category II.

1.

Regulations.

a.

Category II Home Occupations must be clearly incidental and subordinate to the Primary Use of the Dwelling for residential purposes and shall not change the character of the Dwelling or the neighborhood in which it is located. If at any time it is determined that a Home Occupation has altered the character of a Dwelling or neighborhood, the Home Occupation license will be revoked, and the character of the Dwelling must be restored.

i.

A Home Occupation that changes the outside appearance of the Dwelling, architecturally or otherwise, to accommodate the Home Occupation Use on the property is prohibited.

ii.

A Home Occupation may include the sale of goods produced on the premises and goods produced elsewhere as long as goods are not displayed where they may be seen from the outside of the property and as long as the sale of goods are limited to no more than two (2) customers per hour.

iii.

A Home Occupation shall not occupy more than twenty (20) percent of the Dwelling's Floor Area.

iv.

Except for an enclosed outdoor play area for Child Care, a Home Occupation shall not involve the use of any yard area or activity outside a Building.

v.

An Accessory Structure separate from the Dwelling may be used for a Home Occupation as long as: (i) the Accessory Structure remains incidental and subordinate to the Dwelling; (ii) no more than twenty-five (25) percent of the Floor Area of the Accessory Structure is used for the Home Occupation; and (iii) the land use authority approves the Use of the Accessory Structure for the Home Occupation. Home garden produce sales shall follow the requirements in Subsection (1)(b).

vi.

No employee, other than one living at the Dwelling, is allowed at the Dwelling for any business purpose.

vii.

All signs shall meet the requirements of Chapter 17.08 of this Code.

viii.

Explosive or combustible materials shall not be stored for a Home Occupation.

ix.

Home Occupations shall not disturb the peace and quiet of the neighborhood with noise, vehicles, odor, dust, vibrations, parking, obstructions, or other matters related to the business.

x.

Yard and garage sales associated with a Home Occupation are prohibited.

xi.

Home Occupations shall only be conducted between the hours of seven (7) a.m. and eight (8) p.m.

xii.

Home Occupations shall comply with all pertinent City, county, and state regulations, including business license regulations. Home Occupation licenses may be revoked upon any valid unresolved complaint. Inspections by the City may occur as necessary to assure conformance with conditions and regulations.

xiii.

Home Occupation shall meet all licensing requirements of the City, county, and state.

b.

Category II Home Occupations shall meet the standards of this Subsection and Subsection (1)(d):

i.

Home office Uses that require a customer to come to the home in order to conduct business.

ii.

Home garden produce sales. Home garden produce sales must have sufficient Frontage or driveway space for the parking of vehicles. In order to avoid damage to adjacent Uses or property, all Temporary Structures shall be properly secured or anchored to the ground to prevent the Structure from being moved. The City may require additional securing or anchoring upon finding that the method of securing is inadequate.

iii.

Barber Shop or Hair Salon.

iv.

Home Craft Production and sales, where no machinery is used to create or construct the item produced.

v.

Music, tutoring, and general education instruction limited to no more than two (2) students at a time.

vi.

Dressmaker, seamstress, or tailor who has no assistants.

vii.

Similar Uses as deemed appropriate by the land use authority.

c.

The following Category II Home Occupation shall meet the standards and conditions listed below and in section 17.05.020(C) are met:

i.

Home Craft Production and sales, where machinery is used to create or construct the item produced and does not involve reportable or regulated quantities of hazardous or flammable substances, and such operations will not generate noise, dust or odors.

ii.

Dance instruction, limited to no more than two (2) students at a time or no more than twenty percent (20%) of the Dwelling's Floor Area, whichever is greater.

iii.

Family Child Care, provided the care is provided only by those residing within the home, is limited to no more than eight (8) children at a time, a food prepared shall comply with all Salt Lake County Health Department standards, a Utah Food Handlers permit is required if serving non-prepackaged food, the food approved by Utah Childcare Licensing, and complies with the requirements of all regulating agencies.

iv.

Pet Grooming Services, limited to two (2) animals on-site at any one time; or

v.

Wholesale or Retail sales of goods, except as incidental to a permitted Home Occupation.

d.

Conditions for Uses listed in Subsections (b) and (c):

i.

Exception for home garden produce sales, customer traffic is by appointment only with no walk-ins.

ii.

All Category II Home Occupation shall be limited to two (2) individual customers on the premises at a time.

iii.

Hours of operation shall be limited from seven a.m. (7 a.m.) to eight p.m. (8 p.m.).

iv.

No person, other than the Applicant/resident, shall work at the Home Occupation.

v.

No more than two (2) customer vehicles may be parked on-site at any time.

vi.

Category II Home Occupations may use available on-Street parking abutting the Dwelling.

vii.

Required off-Street parking for the Residential Use shall not be interrupted for the Home Occupation.

viii.

If a commercial vehicle is used in conjunction with a Home Occupation, it must (1) be parked off-Street on an approved Impervious Surface; (2) not exceed one ton in capacity; and (3) not be operated from the property between the hours of eight p.m. (8 p.m.) until seven a.m. (7 a.m.). Should a commercial vehicle create a nuisance regarding parking, noise, odor, hazardous substances, etc., the vehicle may be barred from the residential district by action of the Planning Commission.

e.

Category II Home Occupations do not include:

i.

Equestrian Facility;

ii.

Commercial Animal Kennel or Commercial Animal Day Care;

iii.

Real estate office other than an individual agent or broker in his own home;

iv.

(Minor or Major) Manufacturing;

v.

Indoor Storage Facility, Outdoor Storage Facility, or Warehouse Storage Facility;

vi.

Auto-related uses;

vii.

Massage Therapy; or

viii.

Any Use not specifically listed as permitted in this Section.

M.

Movie Theater/Live Performance Theater. Such Uses shall not be located any closer to residential districts than three hundred (300) feet, as measured at the closest Property Lines.

N.

Sexually Oriented Business. All shall comply with the criteria specified in Title 5 of this Code.

O.

Storage Facility, Indoor Climate Controlled. All instances of this Use shall comply with and provide, as applicable, the following:

1.

Comply with all Commercial Design Standards found in 17.07;

2.

Comply with all Development Standards found in 17.06;

3.

Conduct all business operations within an enclosed structure;

4.

Provide on-site management and security;

5.

Provide, implement and maintain a security plan to prevent the deterioration of public health and public safety;

6.

Provide, implement and maintain an outdoor lighting plan that adequately screens lighting to mitigate its impact on surrounding Uses;

7.

Provide, implement and maintain best management practices to minimize the production, accumulation, disposal, and transportation of solid waste;

8.

Provide, implement and maintain a loading and services plan, including fire access; and

9.

Provide, implement and maintain an energy efficiency plan.

P.

Temporary Use.

1.

Use Limitations.

a.

Temporary Uses include firework stands, Christmas tree lots, and other similar seasonal Uses.

b.

Temporary Use Permit. Temporary Uses shall obtain a separate business license and Conditional Use permit for each Use and location.

c.

Time Limitations. Use permits may be allowed for up to a six (6) month period with the following exceptions:

i.

Firework Stands. Restrictions shall follow the public sales and display limitations found in state code.

ii.

Christmas Tree Lots. Shall only be permitted from November 1 through December 31.

d.

Hours of Operation. Temporary Uses may be open from eight (8) a.m. to ten (10) p.m. unless provided otherwise under state code.

e.

Signage. Permanent signs are prohibited for Temporary Uses. All Signs shall follow the requirements of Chapter 17.08.

f.

Regulations by Other Agencies. This Section does not exempt the Applicant or operator from acquiring any other required permit for operation.

g.

Liability Insurance. The Applicant must obtain adequate liability insurance to cover all activities related to the Use for the duration of the permit, prior to issuance of the Temporary Use permit. A copy of the liability insurance policy shall be submitted to the City with the business license Application.

2.

Site Improvements.

a.

Temporary Uses shall meet the following requirements:

i.

If the Temporary Use is located on an unimproved Parcel, the following shall apply:

a)

Based on the scope of the operation, the land-use authority may require the installation of a minimum road base or gravel surface for parking, to assure the safe passage of vehicles on adjacent roadways, and the safety of patrons.

b)

Sufficient off-Street parking shall be provided to meet the needs of the operation and of any existing Uses on the property.

c)

Structures, displays, and other activities must be located sufficient distance from any Street to provide for public safety and Clear View Area requirements as found in Chapter 17.07.

d)

If any part of the Temporary Use becomes a nuisance or safety hazard, the land-use authority may require changes or discontinuance of the operation.

e)

All activities and displays shall take place in accordance with the standards for outside business activities found elsewhere in this Title.

ii.

If the Temporary Use is located on an improved Lot or Parcel, the following shall apply:

a)

Sufficient off-Street parking shall be provided to meet the needs of the operation and any existing Uses on the property as determined by the land use authority.

b)

Structures, displays, and other activities must be located sufficient distance from Streets to provide for public safety and Clear View requirements as found in Chapter 17.07.

c)

If any part of the operation becomes a nuisance or safety hazard, the land use authority may require changes to or discontinuance of the operation.

d)

In addition to the foregoing, all activities and displays shall take place in accordance with the standards for outside business activities found elsewhere in this Title.

e)

Permanently located businesses that operate a Temporary Use shall meet the design standard and site improvement requirements found in Chapters 17.06 and 17.07.

3.

Site Restoration. The site must be restored to its original condition upon expiration of the Temporary Use permit. The site may not be used for storage of any Temporary Use or Structures.

4.

Temporary Structures. All Temporary Structures must be approved by the land-use authority. In order to avoid damage to adjacent Uses or property, all Temporary Structures shall be properly secured or anchored to the ground to prevent the Structure from being moved. The City may require additional securing or anchoring upon finding that the method of securing is inadequate.

Q.

Wireless Communication Facilities.

1.

In addition to the existing Conditional Use standards, the following factors shall be considered by the Planning Commission:

a.

Compatibility of the proposed Structure with the height and mass of existing adjacent Buildings and utility Structures;

b.

Whether Collocation of the Antenna on other existing structures in the same vicinity with such Uses as other towers, Buildings, utility poles and similar Structures is possible, and practical, as demonstrated by the Applicant, without significantly affecting the Antenna transmission or reception;

c.

The location of the Antenna in relation to existing vegetation, topography, and Buildings to optimize visual Screening;

d.

Whether the spacing between Monopoles creates detrimental impact on adjacent properties;

e.

The willingness of the Applicant to allow Collocation on its facility in the future for a reasonable compensation, as provided in sub (1)(b) of this Subsection.

2.

The Planning Commission may require that the Structure be designed and engineered to reasonably allow Collocation by a subsequent provider of low power radio communication services, if Collocation is feasible and consistent with sound engineering principles. Nothing herein shall be construed to deny the Owner of such a Structure from the right to receive reasonable compensation from that subsequent collocating provider for the Use of the structure.

3.

Accessory Buildings for Antenna Structures. Accessory Buildings to Antenna Structures must comply with the required Setback, height and Landscaping requirements of the zoning district in which they are located. Monopoles shall be fenced with a six-foot chain-link fence and the climbing pegs removed from the lower 20 feet of the Monopole.

4.

Abandoned Facilities. The Community Development Department is empowered to require an abandoned low power radio services Antenna be removed from the Building or premises when that Antenna has not been put into use by the Owner, the person having control, or the person receiving the benefit of the Structure within 30 calendar days after notice is given to the Owner, the person registered with the City as having control, or the person last known to the City to receive the primary benefit of the Structure. Notices required by this Section may be given by personal service, or by certified mail addressed to the person's last known address.

5.

Where Allowed. A low power radio service facility, which is not otherwise classified in this Section, is a Conditional Use as outlined herein. A Conditional Use permit for a Monopole may be granted in a residential district only if the Planning Commission finds that:

a.

The Monopole Antenna otherwise meets the requirements of Subsection (D) and does not exceed 60 feet in height;

b.

The Antenna tower will be placed on a Parcel occupied by a non-Residential Use, such as a school, church, or other non-Residential Use that is a legally conforming structure in that residential district;

c.

The Antenna tower will be located no closer than 150 feet from the nearest residential structure; and

d.

The Antenna and supporting Structure will be disguised as, or otherwise integrated with, a light pole, Billboard, utility Structure or similarly Compatible and useful Structure located on the Parcel in a way that minimizes and mitigates the visual impact of the Antenna.

6.

Controlling Chapter. Notwithstanding the various descriptions of land uses listed in the ordinances of the City relative to communication facilities, and the manner in which those various Uses are listed as Permitted or Conditional Uses in the respective chapters of this Title, the provisions of this Section and the Land Use Matrix shall prevail in governing the placement of wireless communication facilities, low power radio services facilities, and appurtenant facilities in the City, including the designation of Permitted and Conditional Uses in the various land-use districts.

(Ord. No. 2020-02, § IV(Exh. C), 1-8-2020; Ord. No. 2021-06, § XIII, 5-26-2021; Ord. No. 2022-08, § I(Exh. A), 4-13-2022; Ord. No. 2022-16, § 1(Exh. A), 9-14-2022; Ord. No. 2024-28, § II (Exh. B, § IV), 12-11-2024)

Upon review and consideration of the criteria identified in this Chapter, as compared to the impacts of Permitted Uses in the district, the proposal must:

A.

Be Compatible in intensity of Use, Scale, and design with Permitted Uses in the district;

B.

Not compromise the health, safety, or welfare of:

1.

Persons employed within or using the proposed Development;

2.

Those residing or working in the vicinity of the proposed Use or Development; or

3.

Property or improvements in the vicinity of the proposed Use or Development;

C.

Not impose disproportionate burdens on the citizens of the City.

(Ord. No. 2020-02, § IV(Exh. C), 1-8-2020)

A.

The land use authority shall issue a Conditional Use Permit, describing the scope of the permit and all reasonable conditions of approval if the Application complies with Code and the Applicant has proposed, or the land use authority has required, conditions to substantially mitigate the reasonably anticipated detrimental effects of the proposed Use.

B.

If the land use authority determines that the Application does not comply with the standards and criteria of this Chapter and the Applicant has not proposed or the land use authority cannot impose additional, reasonable conditions of approval to that would bring the proposal within the standards and criteria of this Code, the land use authority may deny the Conditional Use Permit Application.

(Ord. No. 2020-02, § IV(Exh. C), 1-8-2020)

A.

The land use authority may reasonably modify the conditions of a Conditional Use Permit if the actual detrimental effects of previously identified adverse impacts are greater than anticipated, or the proposed mitigation has been unsuccessful at mitigating those actual detrimental effects to comply with the standards of this Code.

B.

Modification proceedings may be initiated by the Applicant, the City, or an injured party with standing. The party seeking the modification must pay the costs associated with the modification proceedings and file a petition for modification with the City. Modification proceedings are conducted in the same manner as an initial review.

C.

The Conditional Use permit holder is a necessary party to these proceedings and shall be afforded due process.

(Ord. No. 2020-02, § IV(Exh. C), 1-8-2020)

A.

A Conditional Use may not be expanded without first undergoing modification proceedings, as provided in Section 17.05.060, and obtaining a Conditional Use Permit that addresses and allows the proposed expansion of the Conditional Use.

B.

Expansion of a Conditional Use occurs if the square footage of a Structure on a property subject to a Conditional Use Permit or associated with a Use listed as "Conditional" in this Title's Land Use Matrix will be increased by greater than ten (10) percent of the square footage existing at the time of the initial Conditional Use Application.

C.

A Conditional Use has grown if any of the following occurs:

1.

The pedestrian or vehicle traffic has increased by greater than twenty (20) percent than was anticipated at the time of the initial Conditional Use Application, and the increased traffic is a result or impact of the Use;

2.

Off-Street parking has become inadequate due to the number of customers, employees, or occupants associated with the Conditional Use; or

3.

Other detrimental effects, such as noise, odor, or light pollution, have increased beyond what was reasonably anticipated at the time of the initial Conditional Use Application.

D.

The City may initiate modification proceedings if a Conditional Use has grown to the extent provided in this Section.

(Ord. No. 2020-02, § IV(Exh. C), 1-8-2020)

A.

A Conditional Use permit may be revoked or suspended if any of the following occur or are found to have occurred:

1.

The Conditional Use Permit was obtained by fraud or misrepresentation;

2.

One or more of the conditions of the Permit have not been met;

3.

The holder or user of the permit has failed to comply with any local, state, or federal laws governing the conduct of the Conditional Use;

4.

The holder or user of the Permit has failed to construct or maintain the site as shown on the approved plans; or

5.

A Conditional Use has been expanded or grown and cannot mitigate the detrimental effects of that expansion or growth.

B.

Revocation is appropriate when the Applicant has knowingly engaged in conduct that violates the Conditional Use Permit, or when the holder or user has previously had the Permit suspended. Notice shall be given of a pending revocation and the Property Owner will be given a reasonable opportunity to cure the violation in the same manner as provided for other violations of ordinances in this Title.

(Ord. No. 2020-02, § IV(Exh. C), 1-8-2020)

The issuance of a Conditional Use Permit does not excuse an Applicant from applying for and obtaining Building Permits for the location, unless Building Permits are not required for the approved Conditional Use.

(Ord. No. 2020-02, § IV(Exh. C), 1-8-2020)

A.

Conditional Use Not Implemented. A Conditional Use Permit expires if the Permit has not been implemented within two (2) years from the date of approval. The Permit is considered implemented if the holder of the Permit engages in the Conditional Use on the site or maintains an active building permit (excluding demolition permits) on the site for which the Conditional Use Permit was granted.

B.

Conditional Use Abandoned. If the approved Conditional Use or activity ceases for any reason or does not maintain an active building permit for a continuous period of two (2) years or more, the Conditional Use Permit shall automatically terminate without further notice, as having been abandoned. A person may only reinstate the Conditional Use after applying for and receiving a new Conditional Use Permit.

(Ord. No. 2020-02, § IV(Exh. C), 1-8-2020; Ord. No. 2024-04, § I(Exh. A), 5-8-2024)