Common use of Conditional Uses Clause in Contracts

Conditional Uses. The City of Monticello's authority to approve or deny a conditional use is an administrative land use decision. The decision to approve or deny a conditional use shall be made by the zoning administrator. The city will classify any use in a zoning district as either permitted or conditional use under this section. A. The City May Issue A Conditional Use Permit When The use complies with objective standards set forth in this section; The use does not conflict with a provision of city code or other state or federal law; If reasonable conditions are proposed or can be imposed to mitigate reasonably anticipated detrimental effects of the proposed used in accordance with applicable standards; If the city imposes reasonable conditions on a proposed conditional use, the land use authority shall ensure that the conditions are stated on the record and reasonably relate to mitigating the anticipated detrimental effects of a proposed conditional use; and Reasonable mitigation of anticipated detrimental effects of the proposed conditional use does not require elimination of the detrimental effect. Conditional Use Standards Of Review: An applicant for a conditional use in the zone must demonstrate: The proposed use complies with all applicable provisions of this chapter, state and federal law; The structures associated with the use are compatible with surrounding structures in terms of use, scale, mass and circulation; The use is not detrimental to the public health, safety and welfare; The use is consistent with the city general plan as amended; Traffic conditions are not adversely affected by the proposed use, including the existence or need for dedicated turn lanes, pedestrian access, and capacity of the existing streets; There is sufficient utility capacity; There is sufficient emergency vehicle access; The location and design of off street parking complies with off street parking standards; A plan for fencing, screening, and landscaping to separate the use from adjoining uses and mitigate the potential for conflict in uses; Exterior lighting that complies with the lighting standards of the zone; Within and adjoining the site, impacts on the aquifer, slope retention, and flood potential have been reasonably mitigated and are appropriate to the topography of the site. Specific Review Criteria For Home Occupation Conditional Use: In addition to the requirements at 10-2-8(C), the planning commission land use authority must evaluate the applicant's compliance with each of the following criteria when considering whether to approve, deny or conditionally approve an application for a home occupation. The home occupation is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character of the building from that of a dwelling; The physical appearance, traffic, and other activities in connection with the home occupation is not contrary to the objectives and characteristics of the zone in which the home occupation is located, and does not depreciate surrounding residential values by creating a nuisance in a residential neighborhood including, but not limited to, generating increased traffic, excessive noise, offensive odors, etc; The home occupation is conducted within the main residential dwelling and is carried on by residing members of the dwelling, except that individuals not residing in the dwelling may work at the home occupation, provided: No more than one non-residing employee shall be allowed to work in the home occupation at any given time; and The non-residing employee shall be given access to an on premises, hard surfaced parking space (see section 10-2-5, "Off Street Parking Requirements", of this chapter). Less than twenty five percent (25%) of the ground floor area of the dwelling is devoted to the home occupation. The home occupation may use an accessory building for business storage, provided the accessory building meets all city building and zoning codes including, but not limited to, setbacks designated for R-1 and R-2 residential zones (see sections 10-6-5 and 10-7-5 of this title). The use of yard space for storage of business-related materials shall not be permitted. Signs designating the home occupation shall conform to section 10-2-6(C) of this title. Entrance to the home occupation shall be left to the discretion of the homeowner, and may be defined by a second small directional sign, limited to twelve inches by twelve inches (12" x 12") in size, at the predesignated entryway, except: The structure and entrance shall be compatible with the objectives and characteristics of the zone in which the home occupation is located, and When applicable, the entrance to the home occupation shall conform to regulations imposed by Utah state statute. No commercial vehicles are used except one delivery truck which does not exceed three-fourths (3/4) ton rated capacity. The home occupation shall be registered with the license division or department of the city Small Lots or Parcels: Where a tract of land at the time of the adoption hereof is at least one and eight-tenths (1.8) times as wide and one and eight-tenths (1.8) times as large in area as required for a lot or parcel in the zone, the board of adjustment may permit the division of tract into two (2) lots, provided: Such division will not cause undue concentration of buildings; The characteristics of the zone in which the lot is located will be maintained; In the opinion of the board of adjustment, values in the area will be safeguarded.

Conditional Uses. The City of Monticello's authority to approve or deny a conditional use is an administrative land use decision. The decision to approve or deny a conditional use shall be made by the zoning administrator. The city will classify any use in a zoning district as either permitted or conditional use under this section. A. The City May Issue A Conditional Use Permit When The use complies with objective standards set forth in this section; The use does not conflict with a provision of city code or other state or federal law; If reasonable conditions are proposed or can be imposed to mitigate reasonably anticipated detrimental effects of the proposed used in accordance with applicable standards; If the city imposes reasonable conditions on a proposed conditional use, the land use authority shall ensure that the conditions are stated on the record and reasonably relate to mitigating the anticipated detrimental effects of a proposed conditional use; and Reasonable mitigation of anticipated detrimental effects of the proposed conditional use does not require elimination of the detrimental effect. B. If reasonably anticipated detrimental effects of the proposed conditional use cannot be substantially mitigated by the proposed imposition of reasonable conditions to achieve compliance with applicable standards, the city may deny the conditional use. Conditional Use Standards Of Review: An applicant for a conditional use in the zone must demonstrate: The proposed use complies with all applicable provisions of this chapter, state and federal law; The structures associated with the use are compatible with surrounding structures in terms of use, scale, mass and circulation; The use is not detrimental to the public health, safety and welfare; The use is consistent with the city general plan as amended; Traffic conditions are not adversely affected by the proposed use, including the existence or need for dedicated turn lanes, pedestrian access, and capacity of the existing streets; There is sufficient utility capacity; There is sufficient emergency vehicle access; The location and design of off street parking complies with off street parking standards; A plan for fencing, screening, and landscaping to separate the use from adjoining uses and mitigate the potential for conflict in uses; Exterior lighting that complies with the lighting standards of the zone; Within and adjoining the site, impacts on the aquifer, slope retention, and flood potential have been reasonably mitigated and are appropriate to the topography of the site. Specific Review Criteria For Home Occupation Conditional Use: In addition to the requirements at 10-2-8(C), the planning commission land use authority must evaluate the applicant's compliance with each of the following criteria when considering whether to approve, deny or conditionally approve an application for a home occupation. The home occupation is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character of the building from that of a dwelling; The physical appearance, traffic, and other activities in connection with the home occupation is not contrary to the objectives and characteristics of the zone in which the home occupation is located, and does not depreciate surrounding residential values by creating a nuisance in a residential neighborhood including, but not limited to, generating increased traffic, excessive noise, offensive odors, etc; The home occupation is conducted within the main residential dwelling and is carried on by residing members of the dwelling, except that individuals not residing in the dwelling may work at the home occupation, provided: No more than one non-residing employee shall be allowed to work in the home occupation at any given time; and The non-residing employee shall be given access to an on premises, hard surfaced parking space (see section 10-2-5, "Off Street Parking Requirements", of this chapter). Less than twenty five percent (25%) of the ground floor area of the dwelling is devoted to the home occupation. The home occupation may use an accessory building for business storage, provided the accessory building meets all city building and zoning codes including, but not limited to, setbacks designated for R-1 and R-2 residential zones (see sections 10-6-5 and 10-7-5 of this title). The use of yard space for storage of business-related materials shall not be permitted. Signs designating the home occupation shall conform to section 10-2-6(C) of this title. Entrance to the home occupation shall be left to the discretion of the homeowner, and may be defined by a second small directional sign, limited to twelve inches by twelve inches (12" x 12") in size, at the predesignated entryway, except: The structure and entrance shall be compatible with the objectives and characteristics of the zone in which the home occupation is located, and When applicable, the entrance to the home occupation shall conform to regulations imposed by Utah state statute. No commercial vehicles are used except one delivery truck which does not exceed three-fourths (3/4) ton rated capacity. The home occupation shall be registered with the license division or department of the city Small Lots or Parcels: Where a tract of land at the time of the adoption hereof is at least one and eight-tenths (1.8) times as wide and one and eight-tenths (1.8) times as large in area as required for a lot or parcel in the zone, the board of adjustment may permit the division of tract into two (2) lots, provided: Such division will not cause undue concentration of buildings; The characteristics of the zone in which the lot is located will be maintained; In the opinion of the board of adjustment, values in the area will be safeguarded.