Chapter 18.90
CONDITIONAL USES
Sections:
18.90.010 Conditional use standards of review.
18.90.020 Specific review criteria for certain conditional uses.
18.90.030 Child care facility/home child care center.
18.90.040 Preschool facilities.
18.90.050 Intermittent commercial uses.
18.90.070 Small neighborhood commercial occupations.
18.90.080 Adult oriented businesses.
18.90.090 Confinement and keeping of livestock.
18.90.100 Private and quasi-public utility buildings and structures.
18.90.120 Minor telecommunications facility and amateur radio antennas.
18.90.130 Small wind energy systems, solar panels and other energy creation devices.
18.90.140 Zero lot line development.
18.90.180 Short-term vacation rental/bed and breakfast rules and regulations.
18.90.010 Conditional use standards of review.
The city shall not issue a conditional use permit unless the planning commission concludes that the application fully mitigates all identified adverse impacts and complies with the following general standards applicable to all conditional uses, as well as the specific standards for the use.
If the reasonably anticipated detrimental effects of a proposed conditional use cannot be mitigated by the proposal or the imposition of reasonable conditions to achieve compliance with applicable standards, the conditional use may be denied.
A. General Review Criteria. An application for a conditional use in the zone must demonstrate:
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 the Helper City general plan as amended;
5. 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;
6. That in no way will the use impede the sight triangle of any intersecting street; see the section on clear view of intersecting streets and driveways of the underlying zoning district;
7. There is sufficient utility capacity;
8. There is sufficient emergency vehicle access;
9. The location and design of off-street parking as well as compliance with off-street parking standards;
10. A plan for fencing, screening, and landscaping to separate the use from adjoining uses and mitigate the potential for conflict in uses;
11. That exterior lighting complies with the lighting standards of the zone;
12. That within and adjoining the site, impacts on the aquifer, slope retention, and flood potential have been fully mitigated and are appropriate to the topography of the site;
13. Only a reasonable amount of noise, dust, smoke, fumes, trespassing light and any other deleterious or adverse effects shall be allowed to permeate from the property. [Ord. 2017-8 § 1; Ord. 2010-5. Code 1988 § 11-7.1].
18.90.020 Specific review criteria for certain conditional uses.
In addition to the foregoing, the planning commission must evaluate the applicant’s compliance with each of the following criteria when considering whether to approve, deny or conditionally approve an application for each of the following conditional uses. [Ord. 2010-5. Code 1988 § 11-7.2].
18.90.030 Child care facility/home child care center.
Each application for a child care center or home day care must include and comply with:
A. Proof of application for state child care license;
B. Compliance with state, federal and local law;
C. A design that does not include a front yard playground unless it is properly mitigated;
D. A parking and traffic plan that adequately mitigates the adverse impacts of increased traffic in the neighborhood (if a child care facility);
E. Home Child Care Center. Providers may provide services for up to eight clients including the provider’s own children at any given time, with sufficient staffing;
F. Child Care Facility. Providers may provide services for any number of clients including the provider’s own children at any given time, with sufficient staffing;
G. Child Care Center or Home Child Care Center. Must have one adult per every two infants under the age of two and one adult per every eight children. State regulations require two caregivers if there are more than six children in a home day care and may further limit the number of children allowed in a home day care. [Ord. 2010-5. Code 1988 § 11-7.2(A)].
18.90.040 Preschool facilities.
Each application for a preschool facility must include and comply with the following standards:
A. There shall be one instructor for every 16 children within the mixed age range of three, four and five years old, a maximum of 20 children;
B. The play yard shall not be located in the front yard and shall only be used between 8:00 a.m. and 8:00 p.m.; and
C. The lot shall contain one available on-site parking space not required for use of the dwelling and one additional parking space for each employee that does not reside in the home. The spaces shall be located in such a way as to ensure the parking is functional and does not change the residential character of the lot; and
D. No signs shall be allowed on the dwelling or lot except a name plate sign; and
E. The preschool operator shall comply with all applicable licensing regulations adopted in Chapter 5.05 HMC, Business Licenses, and shall comply with all local, state and federal regulations; and
F. Upon complaint that any of the requirements of this section or any other city ordinance are being violated by a preschool caregiver, the city shall review the complaint and if substantiated a hearing may be set before the planning commission to revoke the use permit. [Ord. 2010-5. Code 1988 § 11-7.2(B)].
18.90.050 Intermittent commercial uses.
The occasional use of dwellings, community buildings, private clubs, lodges, social or recreational establishments and/or their accessory buildings for commercial purposes may be allowed upon receiving a conditional use permit and provided the provisions of this section are complied with. The following standards shall apply to all intermittent commercial uses in addition to any conditions the city council deems necessary and desirable to protect the public health, safety and general welfare.
A. The display and sales of merchandise should be contained primarily within a building.
B. The building proposed for the intermittent commercial use must comply with setback and clear vision area requirements of this title and with applicable building and fire codes.
C. A business license from the city is required to conduct an intermittent commercial use, not to exceed 30 consecutive days.
D. Adequate parking is provided to serve the commercial use that does not create a parking shortage for other existing uses on site.
E. The use does not cause noise, light, or glare which adversely impacts surrounding uses. [Ord. 2010-5. Code 1988 § 11-7.2(C)].
18.90.060 Home occupations.
Each application for a business license for a home occupation shall include the applicant’s agreement that the proposed home occupation use:
A. Is a conditional use in all zoning districts;
B. Shall be conducted entirely within a dwelling, accessory building or garage and shall be carried on in the building only by members of the residing family;
C. Does not involve the use of yard space for storage or activities;
D. No commercial vehicles are used except one delivery truck, which does not exceed one ton rated capacity;
E. 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;
F. Signs are limited to one nonilluminated accessory sign not larger in area than two square feet;
G. The owner of the home occupation shall purchase a business license to operate within the city limits;
H. Shall not cause a demand for municipal services in excess of that associated with normal residential use;
I. Shall be enclosed within a structure in complete conformity with international building codes as adopted by the city;
J. The physical appearance, traffic, and other activities in connection with the home occupation shall not be contrary to the intent of the zone in which the home occupation is located and will not depreciate surrounding values or decrease the quality of life within the area. [Ord. 2010-5. Code 1988 § 11-7.2(D)].
18.90.070 Small neighborhood commercial occupations.
An application for such use may be approved in specific zones upon finding that the proposed use complies with all the following standards:
A. Shall be conducted entirely within a dwelling, accessory building or garage;
B. All on-site materials used in the conduct of the small neighborhood commercial occupation shall be stored within said dwelling, accessory building or garage;
C. The on-site activities of said small neighborhood commercial occupation shall be conducted only by members of the residing family and a maximum of two employees;
D. The small neighborhood commercial occupation shall contain no facilities for the display of goods or services. Any sale of goods and services shall constitute a clearly incidental part of the operation of the small neighborhood commercial occupation;
E. No commercial vehicles shall be used except one delivery truck, which does not exceed one ton rated capacity;
F. The small neighborhood commercial occupation and the activities conducted as a part thereof shall be clearly incidental and secondary to the use of the property for dwelling purposes and will not have the effect of altering the character of the area from that of a residential neighborhood;
G. The activities of the small neighborhood commercial occupation shall not involve the use of combustible or toxic material which would pose an increased hazard to the area, nor shall the activities produce noise, smoke, glare, odor, dust, flashing light and similar conditions which would decrease the residential quality of the neighborhood;
H. Signs shall be limited to one attached, nonilluminated identification sign, not larger than two square feet in surface area, which does not specify the goods or services provided by the occupation, shall be permitted;
I. The owner of the small neighborhood commercial occupation shall purchase a business license to operate within the city limits;
J. The physical appearance, traffic, and other activities in connection with the small neighborhood commercial occupation shall not be contrary to the intent of the zone in which the small neighborhood commercial occupation is located and will not depreciate surrounding property values or decrease the quality of life within the area; and
K. A site plan drawn to scale showing the location of the structure, its relationship to dwellings on the same and adjacent properties, and provisions for safe vehicular access and adequate off-street parking shall be submitted with the application. [Ord. 2010-5. Code 1988 § 11-7.2(E)].
18.90.080 Adult oriented businesses.
The purpose and objective of this section is to establish reasonable and uniform regulations to prevent the concentration of adult oriented businesses or their location in areas deleterious to the health, safety and welfare of the city, and to prevent inappropriate exposure of such businesses to the community. This section regulates the time, place, and manner of the operation of sexually oriented businesses, consistent with the United States and Utah State Constitutions.
A. No adult oriented business may be located within 1,000 feet of any:
1. School, day care facility, cemetery, public park, library, or religious institution;
2. Residential zoning boundary;
3. Liquor store, bar or tavern;
4. Other adult oriented business.
B. For the purposes of this section, distance is measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which the adult oriented business is located and:
1. The closest exterior wall of another adult oriented business;
2. The closest property line of any school, day care facility, public park, library, cemetery or religious institution; and
3. The nearest property line of any residential zone. [Ord. 2010-5. Code 1988 § 11-7.2(F)].
18.90.090 Confinement and keeping of livestock.
The purpose of this section is to establish regulations and requirements for the confinement and keeping of livestock on lots within the city in a manner that will protect the health of both domestic animals and the general public, and minimize the potential for nuisance. The requirements of this section shall apply only to the confinement and keeping of domestic livestock established on or after the date the ordinance codified in this title was adopted.
A. The maximum number of domestic livestock or fowl permitted on any lot or parcel within the city shall be as follows:
1. The raising, care, and keeping of animals and fowl in limited numbers as follows:
a. Not more than two animal units may be kept for each 20,000 square feet of lot area, providing that no animal shall be kept on lots containing less than 20,000 square feet; and provided, that the maximum number of animals which may be kept on any one lot or parcel of land shall not be more than six animal units.
B. A domestic livestock unit is defined as one horse, mule, donkey or other equine; one cow, bull, ox, or other bovine, except bison; three sheep or goats; two llamas; five turkeys, geese, ostriches, emus, or similar animals; or 10 chickens, ducks, or other small fowl or rabbits. For the purpose of determining compliance, said definitions shall not include the unweaned offspring less than six months old of any residing animal.
C. Animals or livestock may not be kept or be allowed to pass within 20 feet of any dwelling on a neighboring lot which existed at the time of confinement and keeping such livestock or animals was legally established. This restriction shall not apply to the transport of animals or livestock into or out of pasture area which otherwise complies with the requirements of this section.
D. Barns, coops, corrals, hutches, mangers, pens, runs, stables, pig shelter areas, or other structures used for the confinement or keeping of animals or livestock permitted by this section may not be placed, constructed or situated so that any part thereof lies within 30 feet of any dwelling on the same lot or within 50 feet of any dwelling on a neighboring lot, which existed at the time confinement and keeping such livestock or animals was legally established. Such restriction shall not include pasture area which otherwise complies with the requirements of this section.
E. At all times, chickens, ducks, geese and other fowl shall be kept in coops, and rabbits shall be kept in hutches.
F. Suitable enclosures, substantially constructed, shall be provided and maintained for the safekeeping of all fowl or animals kept within the city. All structures and enclosures for the confinement and keeping of animals permitted by this section shall meet the following minimum area requirements.
1. Pen Size for Nonpastured Animals. Rabbits, chickens, ducks, geese and other small fowl will require four square feet per animal.
G. Pigs, hogs, swine or other porcines shall be permitted only as conditional uses using the review criteria as outlined in HMC 18.90.010 and shall be kept at all times in a shelter. Sties or mud wallows shall not be permitted. Manure shall be cleaned twice a month and odors and smell shall be controlled in order to minimize its effects on the surrounding neighborhood by the owner.
1. A maximum of four pigs shall be allowed per legal lot and the pen size will require, at a minimum, 75 square feet per pig.
H. Chickens are permitted on owner occupied, residential properties under the following conditions:
1. Properties in size from 2,500 to 5,000 square feet (lots 0.06 acres to 0.11 acres) are permitted a maximum of three chickens. Properties from 5,000 to 10,000 square feet (0.11 acres to 0.23 acres) are permitted a maximum of six chickens. Properties 10,000 to 20,000 square feet (0.23 acres to 0.46 acres) are permitted a maximum of 10 chickens. Any property in size larger than 20,000 square feet (0.46 acres or larger) is permitted a maximum of 20 chickens.
2. Roosters are not permitted.
3. Chickens shall be restricted to the property owner’s yard and shall be contained in an outdoor predator proof enclosure. Chickens shall be contained in a chicken coop during evening hours.
4. Chicken coops or enclosures shall not be visible from the street.
5. Chicken coops or enclosures shall have a minimum floor area of three square feet per bird.
6. Chicken coops or enclosures must be at least 10 feet from any inhabited dwelling on an adjacent lot.
7. Chicken coops or enclosures shall be a minimum of 12 inches from the property line fence.
8. Chickens shall be provided constant access to clean food and water, and any additional food shall be stored in predator proof, rodent proof containers.
9. Chicken coops and enclosures shall be cleaned at least monthly.
10. Chickens shall not be allowed to become a nuisance by sound, smell, or by trespassing on adjoining property.
11. Dead birds or rotten eggs shall be promptly removed from the property.
12. Owners of chickens shall annually obtain a chicken ownership permit from Helper City and shall pay the required fee for the same. [Ord. 2013-2; Ord. 2010-5. Code 1988 § 11-7.2(G)].
18.90.100 Private and quasi-public utility buildings and structures.
Private and quasi-public utility buildings or structures incidental to the provision of water, sewer, electric power, or other utilities may be constructed in all residential zones as conditional uses. [Ord. 2010-5. Code 1988 § 11-7.2(H)].
18.90.110 Moving buildings.
Since moved buildings have often been constructed in a time period prior to the adoption of a building code, and are frequently left in an unsafe and unattractive condition, extra precautions shall be taken to ensure that the buildings meet current building standards and that the appearance of the premises is in keeping with buildings in the surrounding area.
No conventional dwelling, modular or manufactured home or other structure intended for human occupancy, which has had prior use, shall be moved from one site within the city to another site within the city or from a site outside of the city to a site within the city without a preinspection being made by the building official and a permit issued therefor.
The moving of any residential, commercial, or industrial building within the city, which has had prior use, shall be subject to approval of a moved building permit application by both the building inspector and the zoning official. In addition to conventionally constructed buildings, the requirements of this provision shall apply to the moving of de-mountable homes, manufactured homes, and similar movable structures, except when being moved from outside the city into a manufactured home park within the city.
Before granting approval of the application, the zoning official shall apply the following standards of review and findings:
A. That the building will have no appreciable detrimental effect on the living environment and property values in the area into which the structure is to be moved.
B. That the building is in conformity with the quality of buildings existing in the area into which it is proposed to be moved.
C. That said building and the lot on which the building is to be located will conform to the requirements of this title, the building code, and other applicable codes, ordinances, and regulations.
D. That its location on the lot does not in any substantial way adversely affect buildings or uses in abutting properties.
E. That all required dedications and improvements for streets and facilities and buildings shall be provided in conformity with the standards of the city.
F. That adequate provision has been made through the posting of a performance bond or other assurance acceptable to the city that the building and grounds shall be brought up to the standard of a new building before it is occupied and that the vacated site shall be restored to a safe and visually appealing condition.
G. That all applicable permit fees have been paid.
H. That the building and grounds shall be brought up to the standards required of a new building before it is occupied.
I. That before a permit to move a building may be granted, the applicant shall post a cash deposit of 100 percent of the project, to be placed in an escrow account, to cover costs of bringing the buildings and grounds up to standard. In the event of failure to comply with conditions, the city, after due notice and public hearing thereon, may declare the cash deposit forfeited.
J. That the cash deposit shall also be applied to cover the costs of cleaning up the vacated site in the city, and restoring it to a safe and sightly condition, in compliance with this code and Chapter 8.15 HMC, Public Nuisances. [Ord. 2010-5. Code 1988 § 11-7.2(I)].
18.90.120 Minor telecommunications facility and amateur radio antennas.
This section applies to both commercial and private low-power radio services and facilities, such as “cellular” or “PCS” (personal communications system) communications and paging systems. Each application for a telecommunications facility shall comply with the following:
A. Wall-Mounted Antenna. Wall-mounted antennas may not extend above the wall line of the building or extend more than four feet horizontally from the face of the building.
B. Stealth wall-mounted antennas are encouraged and may be allowed to vary from the provisions of this section upon demonstrated mitigation of impact.
C. Roof-Mounted Antenna. Roof-mounted antennas are allowed only on a flat roof and shall be screened and designed to match the structure to which they are attached. The planning commission may grant approval to place roof-mounted stealth antennas on a pitched roof if the antenna does not extend above the peak of the roof.
D. Antennas shall be mounted at least five feet behind any parapet wall. The maximum height of an antenna mounted between five and 10 feet behind a parapet wall shall be directly proportional to the setback distance, and may not exceed a height of 10 feet above the top of the parapet wall. An antenna may not extend more than 15 feet above the roof-line of the building unless the adverse impacts of the additional height are fully mitigated.
E. Power Lines. All power lines on the lot leading to the accessory building and antenna structure of the telecommunications facility shall be installed underground.
F. Area Limitations. Combinations of both roof- and wall-mounted antennas are allowed on a building. The total area for all wall- and roof-mounted antennas and supporting structures combined shall not exceed 40 square feet for each exterior wall of the building or a total of 160 square feet per building. Cellular antennas may occupy a maximum of four walls.
G. Review Criteria. Each applicant for a telecommunications facility must address the following:
1. Compatibility of the proposed structure with the height and mass of existing adjacent buildings and utility structures;
2. Whether co-location of the antenna on other existing structures in the same vicinity such as other towers, buildings, utility poles and similar structures is possible without significantly affecting antenna transmission or reception;
3. The location of the antenna in relation to existing vegetation, topography and buildings to optimize visual screening;
4. Whether the spacing between monopoles creates detrimental impact upon adjacent properties;
5. The location of the pole in relation to noteworthy structures, landmarks and pedestrian or automotive transportation view corridors;
6. Location and zoning compliance of accessory buildings associated with the telecommunications facility;
7. The maximum height of any tower or antenna in connection with a telecommunications facility or amateur radio antenna shall not be greater than the total distance from the nearest property line to said tower or antenna.
H. Monopole. A conditional use permit for a commercial monopole may be granted in a residential zone district only if the planning commission finds that:
1. The monopole antenna does not exceed 35 feet in height;
2. Monopole with antennas and antenna support structure does not exceed two feet in width;
3. The antenna tower will be placed on a parcel which is not occupied by a residential use, such as a school, church, or other nonresidential use, which is otherwise legally located in that residential zone;
4. The antenna tower will be located no closer than 200 feet from the nearest residential structure; and
5. The monopole will be disguised as, or otherwise integrated with, a light pole or similar utility structure located on the parcel to minimize and mitigate the visual impact of the antenna. Monopoles shall be fenced with a six-foot chain-link fence and the climbing pegs removed from the lower 20 feet of the monopole. In circumstances where the accessory building and fence may be viewable from any public road or public space, the planning commission may require alternative building and fencing materials such as masonry, wrought iron or chain-link with colored vinyl coating depending on the location.
6. No monopole or lattice tower may be located within 1,000 feet of another monopole or lattice tower unless it is for the bona fide public services of a public transit district as defined in Section 17A-2-1001 et seq., Utah Code Annotated 1953, and as certified by said public transit district.
I. Co-location. Co-location is both permitted and encouraged if all setbacks, design and landscape requirements are met for each telecommunications facility. The application shall include any existing or approved, but unbuilt, telecommunications facility within the telecommunications area that may meet the needs of the applicant. The documentation supplied shall evaluate the following factors:
1. Structural capacity of the antenna towers;
2. Geographic telecommunications area requirements;
3. Mechanical or electrical incompatibilities;
4. Inability or ability to locate equipment on existing antenna towers; and
5. Any restriction or limitation of the Federal Communications Commission that would preclude the shared use of the antenna tower.
J. Classification/Installation. Low-power radio services facilities are characterized by the type of location of the antenna structure.
K. Temporary Antenna for Use During Drive Tests. Telecommunications companies wishing to perform drive tests shall submit notice to the planning commission stating the location and the date of the proposed test. Antennas in use for a drive test shall not be left standing for a period of greater than two days. Drive tests shall be limited to testing functions only and shall not be used for telecommunications services to customers. Drive tests on city property require planning and zoning official approval and execution of the city’s test-drive agreement.
L. Amateur radio antennas must not exceed 75 feet in height. Any antenna or antenna structure over eight feet in height must be an engineered structure. [Ord. 2010-5. Code 1988 § 11-7.2(J)].
18.90.130 Small wind energy systems, solar panels and other energy creation devices.
Small wind energy systems, designed solar collectors, or other energy devices based on renewable resources may be reasonably sited on lots or parcels within applicable zoning districts provided conditions can be imposed to mitigate their detrimental effects. For the purposes of granting a conditional use permit the following criteria shall apply:
A. Solar Collectors and Other Renewable Resource Energy Devices. A conditional use permit may be granted for solar collectors and other renewable resource energy devices; provided, that:
1. Applicants for solar collectors and other renewable resource energy devices shall take every measure possible to keep such devices from public view;
2. In the event that such devices cannot be placed out of public view camouflage or screening of such devices so that they do not appear any different than customary structures and protrusions shall accompany all such solar collectors and other renewable resource energy devices;
3. The solar easement or solar sky-space of any adjacent lot or parcel shall not be imposed upon;
4. No solar energy system or other renewable resource energy device shall impose any kind of threat to the public health, safety and general welfare;
5. Nor shall any system or device produce any noise, dust, smoke, fumes, trespassing light and any other deleterious or adverse effects be allowed to permeate from the property.
a. “Solar easement” means a right, whether or not stated in the form of restriction, easement, covenant, or conditions in any deed, will, or other instrument executed by or on behalf of any owner of land or solar sky-space for the purpose of ensuring adequate exposure of a solar energy system as defined herein.
b. “Solar energy system” means a system of apparatus and equipment capable of collecting and converting incident solar radiation into heat, or mechanical or electrical energy, and transferring these forms of energy by a separate apparatus to storage or to point of use, including, but not limited to, water heating, space heating or cooling, electric energy generation or mechanical energy generation.
c. “Solar sky-space” means the space between a solar energy collector and the sun which must remain unobstructed such that on any given clear day of the year, not more than 10 percent of the collectable insolation shall be blocked.
B. Small Wind Energy System. A conditional use permit may be granted for a small wind energy system; provided, that reasonable conditions can be met based on the following criteria:
1. No more than one small wind energy system shall be permitted per lot and shall only generate energy for use of a main building and/or accessory buildings located on the same lot. This standard, however, is not intended to prohibit the transfer of excess energy to the power grid.
2. The small wind energy system shall be designed with a monopole and may include guy wires or support structures.
3. The small wind energy system shall not create noise louder than 55 dBA as measured from any property line.
4. The small wind energy system shall have a nonreflective, neutral color surface.
5. Setbacks for small wind energy systems shall not be less than the height of said small wind energy system. The setback is measured from the property line to the base of the monopole.
6. Maximum height shall be 100 feet. Additional height restrictions may be imposed if the small wind energy system is in any airport’s fly zone.
a. “Small wind energy system” means a structure or structures that may include a wind turbine, a tower, footings, electrical infrastructure, and associated equipment and structures intended to utilize wind power for the pumping of water for agricultural use on the parcel or property on which the system is located, or for electrical power generation for on-site consumption of a main building and/or accessory buildings and that has a rated capacity of not more than 20 kilowatts. [Ord. 2010-5. Code 1988 § 11-7.2(K)].
18.90.140 Zero lot line development.
Zero lot line development may be permitted in order to promote efficient land use, permit a more energy efficient arrangement of structures, protect environmentally sensitive areas, provide more usable private or community open space, to more easily accommodate affordable housing needs and to better use narrowly divided lots.
Zero Lot Line. For the purposes of this title a “zero lot line” shall mean the construction of a main or accessory building or structure built within the required setback of any property line of a front, side or rear of any parcel of property. A zero lot line shall also mean a main or accessory building or structure that is built up to the property line, which may include the gutters and eaves of such building and/or structure protruding beyond the property line a maximum of 18 inches into an adjacent parcel of property.
A. Review Required. A site plan meeting the requirements of this title as applicable shall be prepared for all zero lot line development. The planning commission shall review the sight plan and verify that all applicable requirements have been met.
B. Development Standards. All zero lot line developments shall comply with the development standards of the underlying zoning district, the provisions of this title and the following requirements; provided, that where the standards included herein conflict with the standards established in other sections of this title, the standards herein shall apply:
1. Main Building, Accessory Buildings and Structures Setbacks.
a. Interior Side Yard Setback. The required setbacks for a main or accessory building or structure on an interior side yard property line may be reduced by any distance up to and including zero feet (the zero lot line). The minimum setback distance for the opposite side yard property line shall be no less than 10 feet for any main building. This setback may also be reduced to zero feet if the minimum required side yard setbacks are zero feet within the underlying zone. Except for carports without any wall abutting the property line, any wall of a building abutting any property line shall be constructed of noncombustible materials or the walls shall have a minimum two-hour fire rating. No other structures except for patios, decks, pools, fences, and other similar elements are permitted within the required side yard setback area.
b. Rear Yard Setback. The minimum required setbacks for a main or accessory building or structure on a rear yard property line may be reduced by any distance up to and including zero feet (the zero lot line). Except for carports without any wall abutting the property line, any wall of a building abutting any property line shall be constructed of noncombustible materials or the walls shall have a minimum two-hour fire rating. No other structures except for patios, decks, pools, fences and other similar elements are permitted within the required rear yard setback area.
c. Front and Street Side Setback. Front and street side setbacks shall be the same as that is required in the zoning district in which the lot or parcel is located.
2. Accessory Building Setback on Corner Lots. Accessory building setbacks on corner lots shall not be allowed to infringe on the required setbacks of the front, side or rear of any lot side that is fronting on a public street. Any side of an accessory building not fronting on a public street may follow the zero lot line requirements herein. For additional exceptions and specific setback requirements on corner lots see the underlying zoning district chapter of this title.
3. Platting Requirements. Each dwelling shall be located on its own individually platted lot. The plat shall show the zero lot lines and the related easements.
4. Openings Prohibited on the Zero Lot Line Side. In order to maintain privacy, there shall be no windows, doors, air conditioning units, or any other type of openings in the wall along the zero lot line, except when such a wall abuts permanent open spaces or a public or private right-of-way.
5. Fire Wall. Building walls on the zero lot line side must carry a two-hour fire wall rating.
6. Maintenance and Drainage Easement Required. A zero lot line building or structure shall not be permitted when any of the following conditions apply:
a. The structure infringes on an adjacent property; or
b. Causes drainage to the adjacent property; or
c. Requires a maintenance access on the adjacent property unless the owner of the adjacent property provides a written easement allowing the above conditions.
A perpetual maintenance, eave overhang, and drainage easement of at least five feet wide shall be provided on the lot adjacent to any building or portion of a building that overhangs the property line. With the exception of structures referenced in subsection (B)(1)(a) of this section, the easement area shall be kept clear of all other structures. This easement shall be recorded in the Carbon County recorder’s office and be incorporated into each deed transferring title onto each affected property. Any wall of said structure abutting a property line shall be maintained in its original color and treatment unless otherwise agreed to in writing by the two affected property owners. Eaves and gutters, but no other part of any structure, may protrude across a property line, and such protrusion shall not exceed 18 inches. Water, snow and any other matter running off from a building or structure placed on the lot line is limited to the easement area and whenever possible shall be redirected back to property on which the building is located. Roofs pitched in the direction of the property line abutting an adjacent property shall be guttered and properly maintained.
i. No maintenance and/or drainage easement shall be required on buildings or structures that are within the zero lot line area and are entirely contained upon the owner of said building or structure’s property; provided, that none of the conditions in subsection (B)(6) of this section apply. [Ord. 2010-5. Code 1988 § 11-7.2(L)].
18.90.150 Permit revocation.
A. 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 the revocation to the holder of the permit and the holder of the permit shall immediately cease any use of the property which was based on the conditional use permit.
B. If the city council revokes any permit under this section, the holder of the permit shall have a right to appeal the revocation of the permit. The holder must file the appeal with the city recorder within 15 days of the date of the notice that the city has revoked the conditional use permit.
C. Upon receipt of the appeal, the city council shall set a hearing on the appeal at its next regularly scheduled meeting which is more than 15 days after the time the city recorder received the appeal. The city shall notify the permit holder of the time, date and place of the hearing at least 15 days before the hearing. At the hearing, the permit holder shall have the right to be heard on the revocation. [Ord. 2010-5. Code 1988 § 11-7.3].
18.90.160 Time limit.
Action authorized by a conditional use permit must commence within one year of the time the permit is issued. If the permit holder has not commenced action under the permit within this time, the permit shall expire and the holder must apply for a new permit. The planning commission may grant an extension for good cause shown. Only one extension may be granted and the maximum extension shall be six months. In order to obtain an extension, the permit holder must apply for an extension in writing before the expiration of the original permit. The application must be submitted to the city recorder and the application must describe the cause for requesting the extension. [Ord. 2010-5. Code 1988 § 11-7.4].
18.90.170 Notice provisions.
In the event that a public hearing is required for a conditional use application, the applicant shall be responsible for all costs associated with properly giving notice to all property owners within a 250-foot radius of the conditional use applicant’s property. Notice shall be mailed at the applicant’s expense of any hearing to grant or deny the conditional use permit a minimum of 10 days prior to the date of the required hearing. Completed signature review forms are to be supplied to the city by the applicant. [Ord. 2010-5. Code 1988 § 11-7.5].
18.90.180 Short-term vacation rental/bed and breakfast rules and regulations.
Regulations and restrictions imposed by this section are recognition of the premise that a vacation rental provides lodging for a transient population that may or may not honor neighborhood values or exhibit neighborly consideration to the same extent as permanent residents. Separation requirements listed below are based on a desire to maintain the overall residential character of neighborhoods and the purpose of single-family residential zones to promote safe locations for residential uses.
A. Business License Required. No dwelling in a residential zone shall be occupied or used as short-term vacation rental or bed and breakfast or advertised for use as a short-term vacation rental or bed and breakfast, until such time that the owner has obtained a short-term vacation rental or bed and breakfast business license issued and reviewed by Helper City recorder and/or city council.
1. The application lists the name, address and phone number of the owner or other person designated by the owner as the property manager who shall be responsible for ensuring compliance with the rules and regulations specified in this section.
2. The application includes a valid Utah State tax number for remittance of transient lodging taxes.
B. Parking Regulations. The owner of any property licensed as a short-term vacation rental or bed and breakfast shall provide off-street parking for guests in accordance with the following:
1. Off-street parking shall be provided on the same lot as the dwelling which is licensed as a short-term vacation rental or bed and breakfast.
2. Two parking stalls minimum and one additional off-street stall for every additional rental unit on the property.
3. All guest parking should be contained on site.
C. Maintenance Standards. Must be maintained to the same level as other housing in the zoning district.
D. The owner of any dwelling licensed as a short-term vacation rental or bed and breakfast will be responsible to ensure that guests or occupants follow all Helper City ordinances including the nuisance ordinance. [Ord. 2017-9 § 2].