Woodland Hills City Zoning Code

1. This chapter provides a set of procedures for granting permits for conditional uses of land or structures, which, because of their unique characteristics, require special consideration in relation to the welfare of adjacent properties and the community as a whole.
2. Certain uses which may be harmonious under special conditions and in specific locations within a zone, but be improper under general conditions and in other locations within a zone, are classed as conditional uses within the various zones and require conditional use permits. A conditional use permit shall be required for all uses listed in this title as conditional uses. A conditional use permit may be revoked upon failure to comply with the conditions to the original approval thereof.
3. In evaluating applications for conditional use permits, the planning commission and all other city officers will do so on the basis that residential districts shall retain their residential character. It is the intent that conditional use permits shall not be used to commercialize or otherwise change the essential character of residential districts.

Statutory reference:

   UCA § 10-9a-507

HISTORY:

(Ord. 2004-05, 5-26-2004)

An application for a conditional use permit shall be submitted, processed and granted or denied under the following procedures:

1. Submittal: An application shall be submitted to the city recorder or other person appointed by the mayor on a form for that purpose. Each application shall be accompanied by the payment of a fee as established by the city council. Each application shall be accompanied by such maps, drawings, statements, including a complete site plan as specified in section 10-12-4 of this title for any structural change or other documents as the zoning enforcement officer or his designee and planning commission shall deem necessary to fully evaluate the application.
2. Zoning Enforcement Officer Review: The zoning enforcement officer or his designee shall review and evaluate the application. The city recorder shall transmit the application to the planning commission for action, together with the recommendation of the zoning enforcement officer or his designee as to approval, disapproval or recommended conditions of approval of the conditional use permit.
3. Planning Commission Consideration: The planning commission shall consider the application at a public hearing held for that purpose. Notice of the public hearing shall be given in the manner required by law and by this title. Written notice of the public hearing shall also be mailed by the planning commission at least fourteen (14) days before the hearing to the owners of real property located with three hundred feet (300') of the property for which a conditional use permit is sought. The planning commission may, following the public hearing, recommend that the city council deny, approve or approve with conditions the application. The planning commission shall transmit its recommendation to the city council within seven (7) days after the meeting at which the recommendation is made.
4. City Council Action: The city council will consider the application and the recommendation of the planning commission within thirty (30) days of the date the recommendation of the planning commission is transmitted to the city council. The city council shall deny, approve or approve with conditions the application. If the city council does not take action on the application before expiration of the thirty (30) day period, the recommendation of the planning commission shall become final and be considered as the action of the city council. Any approval or approval with conditions shall be given only as follows:
5. The city council may permit a conditional use to be located within any zone in which the particular conditional use is allowed by the provisions of this title governing that zone.
6. In authorizing any conditional use, the city council shall impose such requirements and conditions as it deems necessary for the protection of adjacent properties and the public welfare. A conditional use permit shall not be granted unless the evidence presented by the applicant shows all of the following:
7. Such use will not, under the circumstances of the particular case, be 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.
8. The proposed use will comply with the regulations and conditions specified in this title for such use.
9. Upon the granting of any conditional use permit, the city council shall itemize, describe and justify the conditions imposed on the use, including the conditions specified in section 10-15-4 of this chapter. Such conditions shall be attached to the permit when it is issued.
10. Term Of Validity: Approval of a conditional use permit granted pursuant to this chapter shall be valid for a period of one year from the date of approval. If the conditional use has not commenced by the end of this one (1) year period, the zoning enforcement officer or his designee shall notify the applicant in writing of the expiration of approval for the conditional use.
11. Revocation: The planning commission shall have the authority, upon petition of the city or any interested party, to revoke any conditional use permit after the applicant has failed to comply with any of the applicable requirements of this chapter, or any other applicable provision of this title.
12. Transfer: Except as specifically provided herein, no conditional use permit granted pursuant to this chapter may be transferred by the holder thereof:
13. Transfer of a temporary conditional use permit shall require prior approval of the planning commission.
14. A conditional use permit which is expressly by its terms or by the terms of the provision under which it is issued made nontransferable shall not by reason of this subsection become transferable.
15.   Home Occupations: The provisions of subsection G of this section to the contrary notwithstanding, conditional use permits for home occupation shall be subject to the following:
16. All conditional use permits for a home occupation shall be nontransferable.
17. All conditional use permits for a home occupation shall expire one year after final approval or one year after the last renewal. They shall be renewed by the zoning enforcement officer unless the zoning enforcement officer determines to:
18. Refuse renewal due to violation of the conditions of the permit; or
19. Refer the question of renewal to the planning commission.
20. A conditional use permit issued for a home occupation may be revoked by the zoning enforcement officer for failure of the holder of the permit to comply with any of the conditions of subsection 10-15-4A of this chapter. The zoning enforcement officer may likewise refuse to allow renewal of a conditional use permit for failure of the holder to comply with any of the conditions of subsection 10-15-4A of this chapter.
21. Before the zoning enforcement officer determines to refuse renewal or refer the question of renewal to the planning commission or revokes a conditional use permit pursuant to subsection H3 of this section, he shall give written notice of the violation to the permit holder. The notice shall describe the violation, state what the permit holder must do to comply with the permit and this title, and inform the permit holder that the permit may be revoked or not renewed if noncompliance continues for longer than one month after the notice. Notice shall be sufficient if delivered to the permit holder or mailed by certified or registered mail to the permit holder at the address on the permit.
22.  The zoning enforcement officer or his designee may, at all reasonable times, enter the premises for which conditional use permit for a home occupation has been issued to ascertain compliance with subsection 10-15-4A of this chapter. Refusal of the owner or occupant of the premises to allow such inspection shall be grounds for denial or revocation of the conditional use permit.
23. Appeal: Any applicant for or holder of a conditional use permit shall have the right to appeal the decision of the zoning enforcement officer or planning commission regarding issuance, conditions, renewal, extension or revocation of the permit to the city council.

HISTORY:

(Ord. 2004-05, 5-26-2004)

Each application for a conditional use permit shall be reviewed under the following standards:

1. Location: The use shall be properly located in relation to the general plan, and particularly in relation to the collector and local street system and pedestrian circulation pattern.
2. Traffic: When the use is to located on a local street, it will generate the least possible traffic through a residential area.
3. Commercial Activity In Residential Zones: As provided by the general plan, residential zones are intended to be for residential use only and to not allow commercial activity.
4. Residential Zones: As provided by the general plan, in the RR1-10, R1-19, R1-1, R1-40, R1-2 and R1-80 zones:
5. All buildings, structures and improvements are permitted only as they function or enhance residential as opposed to commercial activities, i.e., parking spaces may be provided so long as they enhance residential living; door openings and floor plans must complement the residential character of the building; and
6. Commercial activities must be only incidental to home living.
7. Commercial Activities Infringing On Residential Areas: The city seeks to avoid commercial creep by restricting commercial activities that by themselves may not infringe on residential environmental quality, but may grow to do so and may be referred to as precedent for other businesses that may do so.
8. Home Occupations: Home occupations in residential zones must retain the essential residential character of all residences and any home occupation should be clearly incidental to use of any land in the zone as a residence.
9. Design And Operation: The location design and operation of the conditional use will not discourage appropriate development or impair the value of the surrounding residential district.
10. Necessity: The conditional use is necessary to serve the surrounding residential areas which cannot be served satisfactorily if the same use is located in another nearby zoning district where the use may be permitted by right.

HISTORY:

(Ord. 2004-05, 5-26-2004)

A conditional use allowed in any zoning district shall be subject to the requirements of the district in which such use is located and shall conform to the specific conditions contained in this section for a particular use, as well as any additional condition of approval made by the city council pursuant to section 10-15-2 of this chapter. In addition to all other conditions of approval made by the city council, the specific conditions for a conditional use specified by this section shall be attached to a conditional use permit and shall be stated on the permit.

1. Home Occupations: All home occupations, including those for which no conditional use permit is required as provided in subsection B of this section, shall be allowed only subject to and shall at all times comply with the following conditions:
2. The home occupation shall be conducted entirely within a building and the space used for the home occupation shall not occupy more than thirty percent (30%) of the total floor area of the dwelling, nor more than thirty percent (30%) of the floor area of a detached building;
3. No goods or merchandise having a size greater than ten (10) cubic feet when measured at its outside dimensions shall be sold from or delivered from the premises, except that which is produced or processed on the premises. No more than one person other than members of the family occupying the dwelling on the lot shall be employed or participate in the home occupation at the residence;
4. The home occupation shall not be associated with nor produce odor, fumes, dust, light, glare, color, design, materials, effluent, lighting, sounds, noises, vibrations, electrical disturbances including interference with radio or television reception, that may be discernable beyond the premises or which disturb the peace and quiet of the neighborhood; nor shall the home occupation produce wastewater other than that normally associated with residential use of the property where the home occupation is located;
5. The home occupation shall be clearly incidental and secondary to the use of the lot for residential purposes and the residential character of the dwelling or accessory building shall not be changed;
6. Trucks with a rated capacity of greater than nine thousand (9,000) pounds gross vehicle weight shall not be used and trucks or other mobile equipment shall not be parked overnight in driveways or open yards; no vehicles or trailers shall be used, with the exception of one (1) delivery truck which does not exceed one (1) ton rated capacity; and the home occupation shall not attract any greater number of automobiles to the premises than normal residential traffic associated with the residential use of the lot where the home occupation is located;
7. The home occupation shall be registered with and licensed by all applicable county and state agencies;
8. Entrance from the outside to the area of the dwelling or other structure used for the home occupation shall be the same entrance normally used by the residing family, except when otherwise required by the state department of health or other regulating agency;
9. The home occupation and the structure in which it is conducted shall comply with all fire, building, plumbing, electrical and health codes;
10. A home occupation shall not involve furnishing childcare for more than eight (8) children, other than children who reside in the dwelling, and childcare may not be provided for more than four (4) children under the age of two (2);
11.  The home occupation shall not require the use of any hazardous substance in excess of the amount usually used or stored for residential use of the parcel where the home occupation is located;
12. No sign or other visible indication shall be used to show that a business is located on the premises.
13.  Uses Not Requiring Conditional Use Permit; Business License Required: Notwithstanding any provision of this title, a conditional use permit shall not be required but rather when such use is limited to:
14. Receiving and sending mail and electronic communications;
15. Consultation by a physician, dentist, lawyer, engineer or other professional person, but not general practice of such profession;
16.  The occupation of a dressmaker, milliner, seamstress or tailor, provided not more than one (1) customer are at the premises at any time;
17. The occupation of a musician who teaches voice, piano or other individual musical instrument, provided not more than three (3) students are at the premises at any time;
18. Use of an office for bookkeeping.
19. Exemptions To Permit Or License Requirement: Notwithstanding any provision of this title, neither a conditional use permit nor a business license shall be required for the following:
20. Hobbies and occupations having gross receipts of less than five thousand dollars ($5,000.00) in any calendar year; or
21. Child vendors, such as lemonade stands, pet sitting, newspaper delivery, lawn care or balloon sales.
22. Although a business license may not be required, the above must still comply with the design and use standards referred to in this section.
23. Parking, Garage Facilities: Parking and garage facilities in residential districts shall be in compliance with the general standards as set forth in chapter 16 of this title.
24. Freestanding Private TV Antennas And Satellite Dish Antennas In Residential Districts:
25. Only satellite dishes shall be allowed.
26. Setbacks shall be at least ten feet (10') from any property line.
27. Permanent landscaping shall visually screen the structure from adjacent residences during all seasons of the year.
28.  The receiving unit shall be permanently anchored to a foundation.
29. The maximum height shall be twenty five feet (25').
30. A site plan shall be submitted to the zoning enforcement officer for approval prior to the issuance of a building permit. The site plan shall include the proposed location and an elevation showing the proposed height and foundation details.
31. Temporary Buildings And Enclosures In Residential Districts:
32. Buildings and enclosures must be deemed necessary for construction operations of the dwellings and accessory buildings of the area for which a building permit has been issued.
33. Such structures shall be limited to offices, yards and buildings for the storage of lumber, equipment and other building materials, and workshops for prefabricating building components.
34. The operations and activities carried on within such structures shall not adversely affect the use of nearby dwellings by reason of noise, smoke, dust, odor, fumes, vibration, electrical disturbance or glare to a greater extent than normal is a residential district that is being developed.
35. The hours of operation shall be restricted to the hours between seven o’clock (7:00) a.m. to eight o’clock (8:00) p.m., Monday through Saturday, and the concentration of vehicles attracted to the premises in connection with such use shall not be more hazardous than normal traffic in a residential district that is being developed.
36. All temporary structures shall be located at least one hundred feet (100') from the nearest occupied residential dwelling.
37.  The conditional use permit for all temporary structures shall be for a period of six (6) months and may be renewed by the planning commission only while construction operations related to the temporary structure are diligently pursued.
38. Private Recreation In Residential Districts: Private recreation uses in residential districts (RR1-10 and R1-2 and R1-80 only), including golf courses, cross-country skiing, snowmobiling and private or commercial equestrian facilities and accessory commercial uses are subject to the following:
39. Minimum lot size shall be forty (40) acres;
40.  The principal and accessory buildings, including maintenance sheds, shall be set back at least seventy five feet (75') from all property and street lines;
41. Accessory buildings, structures and storage areas shall be screened on all sides from adjacent residential areas and public street rights-of-way;
42. Operational hours for maintenance vehicles, course maintenance and/or irrigation may be restricted to protect nearby residential districts;
43. The use can be easily accessed from the collector road system in the city to eliminate excessive traffic in residential districts that would otherwise negatively impact those districts;
44. The use shall be provided with public utilities, including water supply and wastewater treatment and collection approved by Utah county;
45. The use shall not jeopardize the existing topographic character in the city which would create an unstable soil condition and unnatural grades on the proposed development site;
46.  The negative impact to environmentally sensitive areas (flora and fauna) in the city shall be minimal within reason;
47.  The proposed use shall not negatively impact the rest of the community in terms of light, air quality and general safety of its residents.

HISTORY:

(Ord. 2011-04, 6-22-2011)

The City of Woodland Hills is a residential community, and at the present time, it has no commercial zoning. The city wishes to keep its residential appearance and standards in those areas that are residentially zoned. As such, homeowners who conduct a business out of their home must follow this residential appearance standard. Business license applicants must be mindful of this. Commercial activities must be only incidental to home living. There are certain home uses that by ordinance do not require a Conditional Use Permit to engage in as they have been identified as being allowed in a residential setting and neighborhood. However, some business entities may require both a Conditional Use Permit as well as a Business License while some will only need a business license. They include things such as a piano or voice teacher; receiving and sending mail from a residence; consultation by an attorney, physician, engineer, counseling services; use of an office for bookkeeping or architect, to name a few. Generally, if sales are actually taking place at the location, then a Conditional Use Permit is required. However, if only services are being offered, then a business license is all that is usually required. A business license is also required by the owner of the property if they are renting out an Accessory Apartment or a Accessory Dwelling Unit (ADU).

A few activities do not require a Conditional Use Permit or a Business License. Such as: hobbies, even if some income is derived from them; child vendors with corner lemonade stands; pet sitting and a few other similar activities. Generally, however, if one operates a business out of their home, a business license is required.

A. APPLICATION PROCEDURES:

The Business License application and Conditional Use Permit application are the same. On the application, circle which one you are doing. The application will be submitted to the City Recorder and reviewed for approval by the Code Enforcement Officer or their designee.

B. DEFINITIONS AND BUSINESS LICENSE REQUIREMENTS:

Business: means and includes all activities engaged within the municipality carried on for the purpose of gain or economic profit.

Home Occupation: a business that takes place within a residential zone, conducted by a resident(s) residing in a home.

Employee: can be a spouse or family member or an outside city resident employed by the business owner..

Door-to-door sales: A person(s) going from door to door selling goods or services must have procured a business license from the city to do so.

Door-to-door canvassing or soliciting information: Soliciting for information (sometimes political, product, and religious presentations. As defined, this does not need a business license to do so.

Mobile Food Vendor: Selling food from a mobile non-stationary location within the city. Needs a business license to operate, but not necessarily from the city.

One-time charity or nonprofit fundraising activity conducted in the city: No business license is needed.

Person(s) owning a company or business does not need a city business license for an event held in the city to promote the business or entertain clients.

C. DESIGN AND USE STANDARDS FOR A BUSINESS LICENSE:

1.     Must provide off-street parking for clients/customers and employee(s)

2.     Must obtain a business license to operate.

3.     May require a Conditional Use Permit as well.

4.     Cannot operate with business foot traffic after curfew hours.

5.     No business signage can be posted.

6.     Residence must be code compliant.

7.     If an accessory structure is used for the business activity, it must be code compliant.

8.     Can have a limited number of employees.

9.     Cannot be a walk-in establishment, must be by appointment only;

D. ISSUANCE AND RENEWAL OF LICENSE

A business license will be issued during any part of the year. It is valid for January through December in the year it was issued. Once issued, all licenses must be renewed on a yearly basis, during the month of January, and fees paid for it's issuance. If not renewed during January it becomes invalid. Failure to obtain a business license with continued operation of the business, may subject the business owner to fines and penalties.