14.34.250 Standards for Conditional Uses

14.34.250 Standards for Conditional Uses.

A conditional use permit is required for the following conditional uses when permitted in the zone and shall only be approved in compliance with Section 14.02.040, Provo City Code. The uses shall comply with the requirements of this Section and shall also comply with any additional conditions resulting from a Planning Commission hearing.

(a) The lot shall have at least thirty-five (35) feet of frontage on a dedicated street: except that twenty (20) feet is acceptable on panhandle lots.

(b) One (1) off-street parking space shall be provided per employee plus one (1) space per guest room. On-street curbside parking may be used to satisfy this requirement at the rate of two (2) spaces per sixty (60) feet of lot frontage.

(c) Meals may be served to residents, employees, overnight lodgers, and guests of overnight lodgers only. No cooking facilities shall be allowed in guest rooms.

(d) Such use shall conform to all applicable health, safety, and building codes and must be capable of such use without structural or site alteration which changes the residential character of the structure and yards.

(e) No alcoholic beverages shall be sold on the premises.

(f) No receptions, banquets, or catering shall be permitted other than for registered lodgers.

(g) Any commercial use shall be incidental to the Bed and Breakfast use, i.e., gift shop, etc. and shall be limited to five percent (5%) of the total square foot area of the main floor of the building.

(h) The dwelling must be at least fifty (50) years old or receive Planning Commission approval on a finding that because of its existing or proposed prominent spatial location, contrasts of siting, or scale, it is or would be an easily identifiable visual feature of its neighborhood or the City, and contributes to the distinctive quality or identity of its neighborhood or the City.

(i) One (1) identification sign not exceeding the area requirements for the respective zone in which the inn is located may be placed on an ornamental masonry wall or monument. The freestanding sign shall not be higher than five (5) feet unless the sign is located adjacent to an arterial road, in which case the height of the sign shall not exceed ten (10) feet. If illuminated, only hooded spot lighting is allowed, thus prohibiting back-lighted signs. Nothing in this Section shall be construed to prohibit a sixteen (16) square foot sign in the A and RA zones.

(j) No long-term rental of rooms shall be permitted. The maximum stay for lodgers shall be seven (7) days.

(k) A city business license shall be obtained as a condition of approval.

(l) Supervision by an on-site manager or owner shall be required on a twenty-four (24) hour per day basis.

(m) Care shall be taken to insure that no exterior lighting shines directly into adjoining properties.

(a) No liquor store or private club may be established within two hundred (200) feet of the nearest residential zone boundary line, measured in a straight line from the nearest entrance of the liquor outlet.

(b) Liquor stores and private clubs shall locate on either collector or arterial streets as defined in the Provo City General Plan.

(c) Off-street parking shall be provided at the rate of one (1) space per one hundred (100) square feet of total floor space in the building for liquor stores.

(d) A permit to maintain a liquor store as a conditional use must be approved directly by the Planning Commission and may not be finally approved by a staff member as otherwise provided in Section 14.04.050(3), Provo City Code.

(a) In the construction of this Section the terms “public dance” and “dance hall” shall have the meanings set forth in Chapter 6.15, Provo City Code.

(b) A public dance shall be allowed in any nonresidential zone subject to the requirements of Chapter 6.15, Provo City Code; and provided, that not more than one (1) public dance may be held at the same location in each of the following time periods: June-August, September-November, December-February, and March-May.

(c) Dance Halls (including motion picture theaters, ice skating, roller skating and skate boarding) are subject to the following standards:

(i) Compliance with the requirements of Chapter 6.15, Provo City Code.

(ii) One (1) off-street parking space shall be provided for each four (4) occupants, based on the maximum occupancy load for the use, or as otherwise determined by the Planning Commission. The parking shall be in compliance with Section 14.37.080, Provo City Code, and if located off premises, shall comply with Section 14.34.320, Provo City Code, as a conditional use.

(iii) The parking lot shall be lighted sufficiently to provide safety to customers and clients. The amount of lighting shall be determined by the Provo City Energy Department.

(iv) In determining conveniently located parking, the Planning Commission shall consider:

(A) The visibility of the parking area from the building; and

(B) The lighting, existing physical development, and types of uses between the parking lot and the facility.

(v) Buildings to be used for such uses shall have frontage on an arterial or collector road, or have access to said road within three hundred (300) feet from the main entrance of the building.

(vi) No dance hall use shall be located closer than four hundred (400) feet to any public elementary or secondary school, or any one-family or two-family residence, measured in a straight line between the closest property lines of lots on which the respective uses are located, except as provided otherwise in Subsection (3)(c)(vii) of this Section.

(vii) A dance hall located within the area described in Subsection (3)(c)(vii)(A) shall not be located closer than two hundred (200) feet from any one- or two-family dwelling, measured in a straight line between the closest property lines of lots on which the respective uses are located, except as provided in Subsection (3)(c)(vii)(B) of this Section.

(A) This Subsection (3)(c)(vii) applies to the area bounded by 100 East, 200 South, 300 West, and 200 North.

(B) Subsection (3)(c)(vii) of this Section shall not apply to any one-family attached dwelling (condominium) unit located in a commercial building where:

(I) A dance hall is located; and

(II) Where an owners association exists to manage issues between all owners of property located within that building.

(C) Designated off-street parking may be located nearer than two hundred (200) feet to a one- or two-family dwelling in the area described in Subsection (3)(c)(vii)(A) of this Section; provided, that:

(I) One (1) full time security person is on duty at the parking lot for each one hundred (100) automobiles parked;

(II) Parking lots will be closed and vacated within thirty (30) minutes of closing of the dance hall by dance hall security personnel; and

(III) The dance hall operator is responsible for control of noise, conduct and litter in the designated parking areas from one (1) hour before opening until one (1) hour after closing of dance hall operations.

(viii) No musical instruments, stereophonic equipment, sound amplifier or similar device shall be operated in such a manner as to create a noise or vibration disturbance across a real property boundary. If such a device is plainly audible on property of another or within a building other than that within which the device is located, and if a complaint is made to the Police Department and verified by the Department that a noise disturbance exists, this shall serve as prima facie evidence of a violation of this requirement.

(a) No car wash shall be permitted on a parcel of land less than twenty thousand (20,000) square feet in size.

(b) Stacking lanes accommodating at least two (2) cars shall be provided on site per wash bay and stacking lanes for at least two (2) cars per vacuum bay shall be provided at full-service attendant washes.

(c) Automatic drive-through wash bays shall be located as far from adjoining residences as possible, taking into account the overall design, layout, and predominant traffic patterns of the area.

(d) Noise from vacuums, blowers, compressors, wash equipment, etc., shall not exceed day and night-time levels as set forth in Chapter 9.06, Provo City Code.

(e) All vacuum canisters shall be constructed of heavy gauge steel, be equipped with vacuum motor mufflers and plastic domes to reduce noise levels.

(f) Area lighting of parking lots shall not be permitted when adjoining a residential property. No lighting shall be permitted to shine directly into any adjoining residential property. Lighting shall be permitted at the vacuum bays, in wash stalls, in the signage, and at vending machine windows. All building lighting shall be in the ceilings and eaves, and shall be screened by the cornices of the building so as not to shine directly into adjoining properties.

(g) A minimum six (6) foot high decorative brick or block wall shall be constructed along the full length of any property line adjoining a residential dwelling, except that it shall be no higher than thirty-six (36) inches in the front yard setback. Such walls shall be capped, and block walls must be stuccoed or painted on both sides.

(h) The Planning Commission shall see to it that the buildings are architecturally compatible with adjoining residential properties. Compatibility will be determined by use of predominant building materials, colors, roof shapes, and roof materials.

(i) Street frontages shall be landscaped, except for driveways, in a manner consistent with the requirements of the zone and the streetscape of adjoining properties.

(j) When located next to a residential zone, all but one (1) automatic and one (1) self-service bay shall be closed between the hours of 11:00 p.m. and 7:00 a.m. providing that the open operating bays have all pumping equipment inside the room and/or conform to the night-time noise levels as set forth in Chapter 9.06, Provo City Code.

(a) Off-street parking shall be provided at the Professional Office rate of four (4) spaces per thousand (1,000) square feet of office area. If City standard parking lanes exist or are committed to be provided within the public right-of-way, on-street parking may substitute for all or part of the required off-street parking.

(b) Signage shall be provided before occupancy to adequately identify the station. Signage shall comply with the provisions of Chapter 14.38, Provo City Code.

(a) Outdoor storage shall be screened by a six (6) foot fence or other screening material;

(b) No hazardous materials shall be stored on site; and

(a) Family Group Day Care (defined in Section 14.06.020, Provo City Code).

(i) The provider is limited to twelve (12) children. The provider must reside in the residence where services are provided.

(b) Child Day Care Centers (defined in Section 14.06.020, Provo City Code).

(i) All Centers must comply with the International Building Code prior to occupancy and must receive a license from the State of Utah within sixty (60) days after approval by the City;

(ii) A site plan shall be submitted identifying parking, vehicle circulation and drop off/pick up locations. The Development Services Director or designee shall ensure that the site plan meets these requirements; and

(iii) Outdoor playground area shall have a six (6) foot fence around the perimeter.

(c) All Centers must comply with the International Building Code prior to occupancy and shall receive a license from the State of Utah within sixty (60) days after approval by the City.

(a) Outdoor lighting shall not extend onto an adjacent residential property, and

(b) They shall be subject to the standards of Section 9.06.030, Provo City Code.

(a) Experimental or scientific research activities are prohibited;

(b) No on-site disposal or burial of dead animals is permitted;

(c) Each facility shall be located completely within an air-conditioned and soundproofed building; except for outdoor, on-leash (accompanied by an attendant) walking areas for not more than two (2) animals at a time;

(d) Animal noise shall not be audible at the nearest property line;

(e) Overnight boarding shall be limited to animals receiving treatment on the premises;

(f) Services shall be limited to small animals only;

(g) No services shall be permitted for poisonous or dangerous animals; and

(h) Cremation services shall be:

(i) Provided only as an accessory use;

(ii) Limited to animals treated at a veterinary clinic or animal hospital where the cremation services are provided; and

(iii) Contingent upon obtaining a permit from the Utah State Division of Air Quality.

(a) Outdoor lighting shall be shielded to prevent spillage onto an adjacent residential property;

(b) Outdoor dumpsters shall be placed twenty (20) feet from any residential property and shall be screened;

(d) The drive-through microphone shall not be louder than seventy-eight (78) decibels; and

(e) Screening shall be provided to block vehicular headlights in the drive-through when adjacent to a residential property.

(a) This Section addresses planning issues resulting from the rapid growth in demand for low-power radio services within the City. It distinguishes low-power radio from other broadcasting type telecommunication technologies and establishes provisions relating to demand, visual mitigation, noise, engineering, residential impact, health, safety and facility siting. The requirements of this Section apply both to commercial and private low power radio services such as cellular or PCS (Personal Communication System) communications and paging systems (hereinafter referred to as “cellular facilities”). All cellular facilities shall comply with the regulations set forth in this Section, other applicable ordinances of the City, and any pertinent regulations of the Federal Communications Commission and the Federal Aviation Administration.

(b) Cellular facilities consisting solely of wall-mounted or roof-mounted antennas shall be allowed with a building permit as a permitted principal use in the A, AI, A1, PO, PF, SC1, SC2, SC3, CG, DT1, DT2, GW, FC1, FC2, ITOD, CM, CA, MP, M1, M2, PIC, OSPR, R&BP and SSC zones subject to the conditions set forth in Subsections (11)(c), (11)(d), (11)(e) and (11)(g)(i) of this Section. Cellular facilities placed on a monopole structure shall be allowed as a conditional use in the same zones subject to the provisions of this Section.

(c) Wall-Mounted Antennas. A wall-mounted antenna is an antenna or series of individual antennas mounted against the vertical wall of a building. A wall-mounted antenna shall comply with the following development standards:

(i) Wall-mounted antennas shall not extend above the roof line of the building more than four (4) feet.

(ii) Antennas and all associated equipment shall be painted to match the color of the building.

(iii) Wall-mounted antennas may have a maximum area of forty (40) square feet, as determined by drawing straight lines between the outermost portions of the antenna until enclosed.

(iv) All equipment associated with the operation of the antenna shall be located within the structure to which the antenna is attached, or screened from public view.

(v) If associated equipment is located on the ground, it shall be appropriately landscaped.

(vi) Whip antennas shall not be permitted.

(d) Roof-Mounted Antennas. A roof-mounted antenna is an antenna or series of individual antennas mounted on a flat roof, mechanical room, or penthouse of a building. A roof-mounted antenna shall comply with the following development standards:

(i) A roof-mounted antenna shall be mounted only on structures with flat roofs and shall be screened, constructed, and/or colored to match the structure to which it is attached.

(ii) A roof-mounted antenna shall be set back from the building edge one (1) foot for every one (1) foot of antenna height and shall not exceed fifteen (15) feet in height.

(e) Stealth Fixture Antennas. A stealth fixture antenna is one (1) or more antennas attached to a supporting structure which is disguised as part of the structure or otherwise concealed from public view as much as reasonably possible.

(i) A stealth antenna shall be subject to the following development standards:

(A) A stealth fixture antenna may be attached to an existing or replacement power pole or light pole or disguised as a flag pole, manmade tree, clock tower, steeple or a structure used primarily for another use so long as any antenna located on the structure does not detract visually from the primary use.

(B) When a stealth fixture antenna is attached to an existing or replacement power pole or light pole the following conditions shall be met:

(I) The antenna shall not exceed the height of an existing pole by more than:

1. Ten (10) feet; or

2. Twenty (20) feet if, and only if, the antenna is not located closer to a residential zone boundary than two (2) times the height of the pole;

(II) If a replacement pole is proposed, the pole shall be installed in the same location as the pole being replaced unless the Planning Commission specifically approves a different location as provided in a conditional use permit; and

(III) Any existing light or power pole located in a public right-of-way or in a required front or side yard shall not be increased in height to accommodate a cellular facility antenna; or

(IV) Any replacement pole located in a public right-of-way or in a required front or side yard shall not be higher than the pole that it is replacing.

(C) Each installation shall be approved by the Provo City Power Department (or other utility company, as applicable), including approval and acceptance of any applicable agreements and payment of any required fees. Such approvals shall be received prior to final approval of a conditional use permit.

(D) A structure to which a stealth fixture antenna is attached shall be designed by a state-certified engineer to verify that the structure can support the stealth fixture antenna.

(E) The overall height of any structure proposed to be used for a stealth fixture antenna shall be consistent with any similar structure being used as a model for the stealth structure. Except as otherwise provided in Subsection (11)(e)(i)(B)(I)(2) of this Section, a stealth fixture shall be no more than ten (10) feet higher than the structure to which it is attached; provided the fixture and the structure to which it is attached are consistent with the character of similar structures located in the same area, as determined by the Planning Commission. The Planning Commission shall make specific findings to support its determination.

(F) A stealth fixture antenna, including the mounting structure, shall not exceed thirty (30) inches in diameter; provided, however, that antennas exceeding thirty (30) inches, including the mounting structure, may be permitted if the antenna is a stealth fixture antenna located on or within a clock tower, steeple, manmade tree, or other similar structure.

(G) Equipment and/or equipment shelters used in connection with stealth fixture antennas shall be camouflaged behind an effective year-round landscape buffer and/or wooden fence equal to the height of the proposed equipment. Equipment shelters shall not be located within a utility easement.

(H) Stealth fixture antennas and all associated equipment visible to public view shall be painted to match the color of the structure to which it is attached.

(I) Electrical wiring shall be located within the pole whenever possible and shall be required when a metal replacement pole is provided.

(ii) If a stealth fixture antenna becomes obsolete or the structure to which it is attached is vacated by the operator of the cellular facility, then within ninety (90) days thereafter the cellular facility operator shall remove the antenna and all associated equipment and shall restore the structure to its original condition. If the requirements of this Subsection (11)(e)(ii) are not met, the City shall have the right to enter the subject property and remove the equipment or pole at the expense of the cellular facility operator.

(iii) A building permit application for a stealth fixture antenna shall include the following:

(A) A letter from the applicant stating that the applicant will conform to the requirements of Subsection (11)(e)(ii) of this Section; and

(B) Verification that the applicant owns the property where the stealth fixture antenna is proposed to be located or a copy of a lease agreement with the property owner indicating the antenna may be located on the property.

(iv) If all the conditions set forth in this Subsection (11)(e) cannot be met, the requirements of Subsection (11)(f) of this Section shall apply.

(f) Monopole Structures. A monopole structure is a single cylindrical steel or wooden pole that acts as the support structure for one (1) or more antennas for a cellular facility as provided in this Subsection.

(i) A monopole structure shall comply with the following development standards:

(A) All tower structures shall be of monopole construction. No lattice constructed towers of any kind shall be allowed.

(B) All monopole structures shall be designed by a state-certified engineer to allow co-location of antennas owned by as many as three (3) separate users on a single pole.

(I) Closer to a residential zone boundary than two (2) times the height of the monopole; and

(II) Within a one-half (1/2) mile radius from another monopole unless grid documentation is supplied by an independent consultant stating that antenna co-location is not technically feasible.

(III) The Planning Commission may approve a location closer to a residential zone boundary than allowed in Subsection (11)(f)(i)(C)(I) of this Section if the location is at least one and one-quarter (1 1/4) times the height of the monopole from any residential boundary and one (1) or more of the following conditions are met:

1. The alternate location will reduce visual impacts on the adjacent residential property;

2. The height of the monopole is more consistent with buildings or structures in the alternate location; or

3. The alternate location provides easier or more convenient access for maintenance due to property slopes or other natural barriers.

(D) A monopole with antennas and antenna support structures shall not be located in a required front setback, front landscaped area, buffer area, or required parking area.

(ii) If a monopole antenna becomes obsolete, then within ninety (90) days thereafter the operator of the cellular facility shall remove the antenna, the top three (3) feet of the antenna footing and all associated equipment, and shall restore the site to its original condition. If the requirements of this Subsection (11)(f)(ii) are not met, the City shall have the right to enter the subject property and remove the equipment or pole at the expense of the cellular facility operator.

(iii) An application for a monopole structure shall include the following:

(A) A letter from the applicant stating that the applicant will permit antenna co-location, will conform to the requirements of Subsection (11)(f)(ii) of this Section, and that the monopole structure is capable of supporting co-located antennas; and

(B) Verification that the applicant owns the property where the monopole structure is proposed to be located, or a copy of a lease agreement with the property owner indicating the antenna may be located on the property.

(iv) Notwithstanding Subsection (11)(b) of this Section, co-location on an existing monopole structure that meets the requirements of this Subsection (11)(f) shall be a permitted use and shall be handled with a building permit.

(v) The exact location of the monopole on the site must be approved by the Planning Commission. If at any point during deliberation of the Planning Commission or following the decision of the Planning Commission there is a need to alter the location of the monopole, a new site plan and elevation drawings showing the proposed location must be brought back to the Planning Commission for review and approval. Prior to a rehearing by the Planning Commission, neighboring property owners within five hundred (500) feet will be given notice of the Planning Commission meeting.

(g) Temporary Monopole Structures. A temporary monopole structure may be allowed for a maximum of sixty (60) days subject to the following requirements:

(i) A temporary monopole structure shall be located in a zone that allows for the placement of a monopole structure as a conditional use.

(ii) An application shall be filed with the Development Services Department for the placement of a permanent monopole structure prior to placement of a temporary monopole structure.

(iii) The placement of a temporary monopole structure shall meet the height requirement set forth in Subsection (11)(f)(i) of this Section.

(iv) A bond in the amount of five hundred dollars ($500.00) shall be posted to guarantee removal of a temporary monopole structure when:

(A) A permanent monopole structure is constructed; or

(B) Sixty (60) days have elapsed and a temporary monopole structure has not been removed. One (1) fifteen (15) day extension may be granted to the sixty (60) day period if an applicant can reasonably demonstrate a need for additional time to complete construction of the monopole structure.

(i) Each cellular facility shall be considered as a separate use; and an annual business license shall be required for each such facility.

(ii) In addition to the conditional use standards set forth in Section 14.02.040, Provo City Code, the Planning Commission shall make the following findings for any cellular facility subject to a conditional use permit:

(A) That the proposed structure is compatible with the height and mass of existing buildings and utility structures;

(B) That co-location of the antenna or other existing structures in the same vicinity such as other towers, buildings, water towers, utility poles, etc., is possible without significantly impacting antenna transmission or reception;

(D) That location approval of monopoles will not create a detrimental impact to adjoining properties; and

(E) That location of cellular facility will not interfere with existing transmission signals.

(a) Parking requirements must follow the provision enumerated in Section 14.37.060, Provo City Code, relating to schools.

(b) The applicant must submit a detailed parking and circulation plan prepared by an engineer, architect, planner, or other similar professional. The conditional use may only be approved if the plan empirically concludes to the satisfaction of Planning Commission, or its designee, that the existing or proposed facility will not negatively affect area traffic, surrounding land uses, or properties. The parking and circulation plan shall include:

(i) A designated drop-off and pick-up zone sufficient for the student population; and

(ii) Sufficient queuing space on the property to prevent vehicle back-ups on city streets during drop-off and pick-up times.

(d) No exterior lighting may shine directly into adjoining properties.