3.23.010 Purpose
3.23.020 Permit Required
3.23.030 Conditional Use Standards Of Review
3.23.040 Permit Revocation
3.23.050 Building Permit
3.23.060 Review Conditions And Criteria For Certain Conditional Uses
3.23.070 Approval Process

The conditional use permit is intended to allow the use of certain lands and structures which may be acceptable under special conditions and in specific locations within a zone, but unacceptable under general conditions or in other locations. Such uses are described as conditional uses and require conditional use permits.

(Amended by Ordinance 2005-21 on 12/20/05)

A conditional use permit shall be required for those uses listed as conditional uses following or elsewhere in the zoning ordinance. A conditional use permit may be revoked upon failure to comply with conditions precedent to the original approval of the permit.

(Amended by Ordinance 2005-21 on 12/20/05)

Alpine City may allow a conditional use in any zone in which the particular use is designated as a conditional use in the use regulations of this ordinance.

The City shall issue a conditional use permit if the designated land use authority , concludes that reasonable conditions can be imposed, to mitigate the reasonably anticipated detrimental effects of the proposed use in accordance with applicable standards.

1. General Review Criteria. An applicant for conditional use in the zone must be able to demonstrate the following standards are met. Additional conditions may be imposed on the use which is deemed necessary to mitiage potential impacts and ensure compatibility of the use with surrounding development and the City as a whole. Conditions shall be associated with the following standards:
   
   1. The application complies with all applicable provisions of this Chapter, state and federal law;
      
   2. The structures associated with the use are compatible with surrounding structures in terms of use, scale, mass and circulation;
      
   3. The use is not detrimental to the public health, safety and welfare;
      
   4. The use is consistent with Alpine City General Plan as amended;
      
   5. Traffic conditions are not adversely affected by the proposed use;
      
   6. There is sufficient utility capacity;
      
   7. There is sufficient emergency vehicle access;
      
   8. The location and design of off-street parking as well as compliance with off-street parking standards;
   9. A plan for fencing, screening and landscaping in conformance with DCA 3.13 to separate the use from adjoining uses and mitigate the potential for conflict in uses;
   10. Exterior lighting that complies with the lighting standards of the zone;
       
   11. Within and signage standards found in DCA 3.25 and adjoining the site, impacts on the aquifer, slope retention, and flood potential have been fully mitigated and is appropriate to the topography of the site.
   12. Limitations on hours of operation, methods of operation, and building height and size.
       
2. Specific Review Criteria for Certain Conditional Uses. In addition to the foregoing, the designated land use authority must evaluate the applicant’s compliance with each of the listed criteria under the specific use when considering whether to approve, deny or conditionally approve an application for conditional uses.

(Amended by Ordinance 2005-21 on 12/20/05)

1. The City Council may revoke the conditional use permit of any person upon a finding that the holder of the permit has failed to comply with any of the conditions imposed at the time the permit was issued. The City Council shall send notice of revocation to the permit holder and the permit holder shall immediately cease any use of the property which was based on the conditional use permit.
2. If the City revokes any permit under this section, the permit holder shall have the right to appeal the revocation of the permit. The holder must file the appeal with the City Recorder within fifteen (15) days of the notice that the City has revoked the conditional use permit.
3. Upon receipt of the appeal, the Hearing Officer shall fix a reasonable time for the hearing of the appeal. The City shall give notice to supply the permit holder of the time, date and place of the hearing at least ten (10) days before the hearing. At the hearing, the permit holder shall have the right to be heard on the revocation.

(Amended by Ordinance 2005-21 on 12/20/05)

Following issuance of a conditional use permit, the Building Inspector may approve an application for a building permit and shall insure that development is undertaken and completed in compliance with said permits and conditions pertaining thereto.

(Amended by Ordinance 2005-21 on 12/20/05)

1. Guest Houses (Ord. 94-06, 5/24/94). Guest houses may be allowed as a conditional use, upon approval of the designated land use authority and subject to compliance with the following:
   1. Guest Houses are listed as a conditional use within the zone.
   2. The lot or parcel upon which the guesthouse is proposed to be placed shall have a lot area of not less than five (5) acres.
   3. The guesthouse shall be located not less than 30 ft. to the rear of the primary dwelling and not closer than twelve (12) ft. to any side or rear property line.
   4. The water and sewer service shall be the same as for the principal dwelling.
   5. The hookup fees for a single-unit dwelling with a guest house shall be one and one- half (1 and 1/2) times the rate for a single family dwelling.
   6. The guesthouse shall be an integral part of the site plan for the principle dwelling and attendant lot area. Vehicular access to the guest house shall be over the same driveway as for the primary dwelling, unless a secondary driveway can be accessed from another public right of way.
   7. Prior to approval, a site plan showing the proposed location of the guesthouse and provision for utilities, vehicular access and other standards and conditions shall be submitted and approved by the Planning Commission.
   8. Any person desiring to construct a guest house shall convey to the City water rights in the amount of 1/2 acre foot.
2. Home Occupations (Ord. 95-04, 2/28/95. Amended Ord. 08-18, 12/16/08; Ord. 2009- 14, 9/22/09; Ord. 2010-07, 5/11/10; Ord. 2010-11, 10/12/10; Ord. 2013-04, 3/12/13; Ord. 2014-06, 3/25/14; Ord. 2016-23, 11/09/16). Home occupations may be allowed as a conditional use, upon approval by the designated land use authority. All home occupations will be subject to compliance with the following:
   1. Terms and Conditions.
      1. Home occupations are listed as a conditional use in the zone.
      2. The home occupation is conducted entirely within the livable area of a dwelling or attached garage. Business outdoor activities such as swimming lessons, tennis lessons, horseback riding lessons or other similar activities as determined by the Planning Commission may be considered as a home occupation.
      3. The business activity of the Home Occupation carried out on the premises shall be conducted only by members of the residing family, except that not more than one person, not a member of the residing family, may be engaged in the conduct of the home occupation if such person is utilized in the capacity of a support function.
      4. The home occupation does not involve the use of any accessory buildings or yard space for storage outside of the dwelling or attached garage.
      5. The home occupation shall contain no facilities for the display of goods. Any sale of goods and services shall constitute a clearly incidental part of the operation of the home occupation.
      6. No commercial vehicles shall be stored at the premises except one delivery truck which does not exceed 12,000 gvw rated capacity.
      7. 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.
      8. Home occupation signs shall be limited to one (1) identification nameplate, not larger in area than two (2) square feet fastened to the home, and one (1) sign, not larger in area than one (1) square foot, fastened to the side of the mailbox structure at or below the level of the mail box. No off-site advertising signs shall be permitted.
      9. The home occupation shall not occupy an area not more than the equivalent of twenty-five percent (25%) of the livable area of the dwelling or 1000 square feet, whichever is less. The livable area does not include the garage.
      10. The home occupation shall obtain a business license from the City.
      11. The activities of the home occupation shall not involve the use of hazardous materials or chemicals in amounts that will increase the hazard of fire or explosion. Activities of the home occupation shall not decrease safety to the structure or occupants of the dwelling or adjacent dwellings.
      12. The operation of the home occupation shall not produce any noise, smoke, glare, light, fumes, dust, electronic interference or similar condition which is discernible outside the dwelling.
      13. The physical appearance, traffic, and other activities in connection with the home occupation will not be contrary to the intent of the zone in which the home occupation is located and, in the opinion of the Planning Commission, the activities of the home occupation will not depreciate surrounding property values or the quality of the area for residential purposes as determined by the Planning Commission.
      14. A sexually-oriented business shall not be a home occupation.
      15. An automotive repair business shall not be a home occupation.
      16. If the home occupation will have customers/clients coming to the home as part of the business, an inspection(s) of the business portion of the home is required to determine compliance with zoning, building, and life safety requirements. When no customers/clients will be coming to the home as part of the business, the applicant shall be required to submit the home business self fire inspection form.
      17. The City Planner or designee shall serve as the designated land use authority for home occupation applications meeting the following criteria: (1) The home occupation, as proposed, complies with all requirements for the home occupation as listed in this section. (2) The home occupation will be conducted entirely within the dwelling or attached garage. (3) No customers or clients will visit the property in connection with the home occupation. (4) No employees other than the residing family members will be involved in the home occupation. (5) No hazardous materials will be used or stored on the property. The City Planner or designee may approve, approve with conditions, deny, or decline to consider the home occupation application in accordance with standards provided in this subsection.If the City Planner or designee declines to consider the application, the applicant may seek approval from the Planning Commission. applicant may appeal all other decisions as provided in DCA 2.03
          
          
   2. Conditions. I n order to achieve the objectives of this Code and to protect the health, safety and quality of life in the community the Planning Commission or City Planner as the designated land use authority may attach conditions to the granting of a home occupation consistent with the standards in this section 2.03.060.2 .
   3. Continuing Obligation - Business License Required. All home occupations shall be operated in compliance with the conditions herein above set forth and any conditions which may be attached as part of the approval. Upon approval of a home occupation the applicant shall be eligible to acquire a business license to operate. Issuance of the business license shall be conditioned upon continued performance of the conditions of approval and said license shall be refused or revoked upon failure of the owner and/or operator to maintain or operate the home occupation in accordance therewith.
      
      The approval shall be valid for the remainder of the year in which it is first granted. Thereafter, the approval will be extended for successive one-year periods, commencing on January 1 of the calendar year, provided that (1) that the home occupation remains substantially the same as initially approved and (2) that the home occupation has remained active as evidenced by the acquisition of a valid business license for the previous year.
3. Produce Stands (Ord 96-05, 4/10/96). Incidental Produce Stands may be allowed as a conditional use, upon approval by the designated land use authority and subject to compliance with the following:
   1. Intent. The Intent and purpose of this Part is to allow the operation of incidental produce stands which supply the local market with needed food and farm products produced primarily on the premises.
   2. Terms and Conditions.
      1. Incidental Produce Stands are listed as a conditional use in the zone.
      2. The property includes a minimum of five (5) acres.
         
      3. Products offered for sale should be consistent with the definition of Produce Stands; see DC 3.01.110.
      4. The Produce stand shall provide sufficient off-street parking space to safely accommodate the anticipated level of patrons and employees. The required off-street parking shall be in addition to the spaces required to meet the parking requirements of the primary use.
      5. Each produce stand shall be entitled to one sign. Said sign shall have not more than thirty-two (32) sq. ft. of sign area and shall advertise only products of the lot. The sign shall not extend into the road right-of-way. Additional signage may be approved for parking and other items not related to advertisement.
      6. An annual business license to operate the produce stand shall be obtained from the City.
      7. The application shall include a detailed site plan showing the location of all dwellings and other buildings on the site and also all facilities and areas intended for use in the production, processing, storage and sales of the products intended to be offered for sale on the premises.
4. Shooting Ranges : Shooting Ranges may be permitted as a conditional use. All shooting ranges will be subject to compliance with Alpine City Code 9.17-Shooting Ranges and the following standards:
   1.  All shooting ranges shall be located in a facility completely underground by a minimum of 10 inches from ceiling of the shooting range to the ground level,
      with walls and ceiling of steel, concrete or other material sufficiently thick to prevent any bullet or arrow from piercing it, and so arranged that there will be no danger from ricocheting or deflected pieces of bullet and have internal baffling installed so that the ammunition discharged will be completely contained within the shooting range.
      
   2. Indoor shooting ranges shall be constructed and insulated in such a manner that prevents sound from the discharge of firearms within the facility to exceed a maximum limit of sixty-five (65) dBA at the property line.
   3. Targets shall be placed before a backstop of steel or other material sufficiently thick to prevent any bullet or arrow from piercing it, and so arranged that there will be no danger from ricocheting or deflected pieces of bullet or arrow.
   4. All shooting ranges shall comply with all applicable laws, rules and regulations regarding lead contamination.
   5. Hours of operation shall be from 7:00 A.M. to 10:00 P.M. unless sound levels from the shooting range at the property line are forty (40) dBA or less. If forty (40) dBA or less sound levels are met, there shall be no limitation on hours of operation.  
   6. A site plan shall be approved by the Lone Peak Chief of Police.
   7. All portions of the range shall be set back at a minimum of 12’ from the nearest property line.
   8.  The minimum lot size shall be 20,000 square feet.
      
      

(Ord. 94-06, 5/24/94; Amended by Ord. 2004-13, 9/28/04)
(Amended by Ordinance 2005-21 on 12/20/05)

The designated land use authority may approve, approve with conditions, or reject the permit as set forth:

1. A conditional use shall be approved if reasonable conditions are proposed, or can be imposed, to mitigate the reasonably anticipated detrimental effects of the proposed use in accordance with applicable standards.
2. If the reasonably anticipated detrimental effects of a proposed conditional use cannot be substantially mitigated by the proposal or the imposition of reasonable conditions to achieve compliance with applicable standards, the conditional use may be denied.
3. With each decision to approve or deny a conditional use permit, the designated land use authority shall include a written explanation of their decision.

The following table indicates the designated Land Use Authority for Conditional Use Permits. Each Conditional Use must be designated as a conditional use in the specific zone as part of the review process.

Land Use Type	Land Use Authority	Zoning Allowed
Agricultural uses and animal rights as set forth in DCA 3.21.090 of the Supplementary Regulations	City Staff	CE-50
Buildings and other structures for the storage and keeping of agricultural products and machinery	City Staff	CR-40,000
Cemeteries	Planning Commission	TR-10,000
Civic Buildings	City Council	TR-10,000 CR-20,000 CR-40,000
Commercial Condominium Projects subject to the applicable provisions of law relating thereto.	City Staff	B-C
Dog Kennels/Boarding Facilities Odors and noise shall be controlled as to not have an unreasonable adverse impact on nearby structures and/or property. Dogs shall be kept primarily indoors, with the exception of short periods of time for the dogs to exercise, relieve themselves, go on walks, etc. Shall have no more than twenty (20) individual dog kennel runs, with total dogs not to exceed 1.2 times the number of kennel runs. No more than one dog shall share a kennel run without the owner's permission. Facility shall be sound proofed, and include an indoor dog run. Shall comply with City off-street parking requirements. Shall provide daily disposal of all animal feces and wastes. Shall conform to the provisions of the Gateway/Historic Zone (DCA 3.11).There shall be adequate and effective means of control of insects and rodents at all times, such control shall be carefully monitored. Operator shall bear full responsibility for recapturing and controlling any escaped animal. Must have an active DVM relationship to immediately treat a sick or injured animal requiring medical attention. Facility shall be located not less than one hundred fifty (150) feet from the nearest neighboring dwelling structure.	Planning Commission	B-C
Guest House subject to the provisions of DCA 3.23.070 Part 1.	City Council	CR-20,000 CR-40,000 CE-5
Home occupations subject to the provisions of DCA 3.23.060 Part 2.	Planning Commission	TR-10,000 CR-20,000 CR_40,000 CE-5 CE-50 B-C
Incidental Produce Stands, subject to the provisions of DCA 3.23.070 Part 4	Planning Commission	TR-10,000 CR-20,000 CR-40,000 CE-5
Mechanical Automotive Repair Shops Odors and noise shall be controlled as to not have an unreasonable adverse impact on nearby structures and/or property. There shall be no more than 5 automobile bays. No automobiles shall be stored on the property for more than 14 days. Mechanical automotive repair shops shall comply with the regulations of the applicable entities including but not limited to the State of Utah, Timpanogos Service District, Lone Peak Fire Marshal, and Environmental Protection Agency. Mechanical automotive repair shops must abut directly upon and have access to Main Street (south of southern property line of the property located at 30 South Main Street) or Canyon Crest Road within the Business Commercial zone. Mechanical auto repair shops shall comply with the off-street parking requirements excepting there shall be no more than six (6) 6 parking spaces provided per bay. An additional 10 parking spaces may be allowed exclusively for employee use. No off-street parking spaces shall be located within fifteen (15) feet of the property line closest to Main Street. Mechanical automotive repair shops shall conform to the provisions of the Gateway/Historic Zone (DCA 3.11	City Council	B-C
Motor vehicle roads and rights-of-way subject to compliance with City standards for design and construction for such uses.	Planning Commission	TR-10,000 CE-5 CE-50
Park and recreation enterprises when owned and operated by a public agency.	City Staff	CE-5
Planned Commercial Developments Projects which are designed, approved, constructed and maintained in accordance with the provisions of DCA 3.10.	City Council	B-C
Planned Residential Developments (PRD), subject to compliance with the provisions of DCA 3.09.	City Council	CR-20,000 CR-40,000 CE-5 CE-50
Plant nurseries and tree farms, but not including retail sales of materials on site.	City Council	CR-30,000 CR-40,000 CE-5
Public and private park and recreation enterprises.	City Council	CE-50
Restaurants, provided that any such facility providing drive-up window service shall also include an area for inside service to patrons in an amount not less than fifty (50%) of the total floor area of the structure. In addition, the following shall apply to restaurants. (Ord. 97-05, 5/27/97) A traffic analysis shall be provided as part of the conditional use application. The drive-up window and driveway shall be unobtrusive and be screened from the street by berming and landscaping. Odors and noise shall be controlled as to not have an adverse impact on any nearby residential structures. Restaurants must comply with provisions of the sign ordinance. Restaurants must comply with the landscaping and design provisions in the B-C zone. Any drive-through window must be located on the side of the restaurant building which does not abut a public street and must be screened from the street side with berming and landscaping. Any drive-through window must have a stacking lane which will accommodate at least six cars off of the public street	City Council	B-C
Schools, churches, hospitals (human care), nursing homes and other similar quasi-public buildings.	Planning Commission	TR-10,000 CR-20,000 CR-40,000 B-C
Seasonal sales such as produce or Christmas trees provided a business license is obtained from Alpine City.	City Staff	B-C
Sexually-oriented businesses are a conditional use in the Business Commercial (BC) zone and are subject to the provisions of this chapter, including (Ord. 2010-07, 5/11/10): No sexually-oriented business shall be located within: One thousand (1,000) feet of a school, day care facility, public park, library, and religious institution; Four hundred (400) feet of any residential use (no matter which zoning district) or residential zoning boundary; One thousand (1,000) feet of a liquor store; and One thousand (1,000) feet of any other sexually-oriented business. For the purposes of this section, distance shall be measured in a straight line, without regard to intervening structures or objects, from the closest exteriorwall of the structure in which the sexually-oriented business is located, and: The closest property line of any school, day care facility, public park, library, and religious institution; The nearest property line of any residential use or residential zone; The nearest property line of any liquor store; and The closest exterior wall of another sexually-oriented business	City Council	B-C
Shooting Gallery	City Council	TR-10,000 CR-20,000 CR-40,000 CE-5 CE-50
Single family dwellings (conventional construction) when proposed for placement on a lot not in a recorded subdivision, subject to compliance with the applicable conditions within the zone and approval of a site plan.	Planning Commission	TR-10,000 CR-20,000 CR-40,000 CE-5 CE-50 B-C
Subdivisions projects, subject to compliance with the applicable requirements of the subdivision ordinance, except that: (a) where any portion of the area included within the subdivision shall lie within the territory designated within the Sensitive Lands Overlay Zone (SLO zone) or (b) as the City may designate, the subdivision shall be developed only under the provisions of DCA 3.09 relating to Planned Residential Developments.	City Council	TR-10,000
Water, sewer and utility transmission lines and facilities required as an incidental part of development within the zone, and subject to the approval of a site plan by the Planning Commission.	Planning Commission	TR-10,000 CR-20,000 CE-5 CE-50