15-7-4: Basis For Issuance of Conditional Use Permit

Ogden City Code 15-7-4: BASIS FOR ISSUANCE OF CONDITIONAL USE PERMIT:

Conditional use applications shall be reviewed and approved or denied in accordance with compliance of the following criteria:

A. Detrimental To Persons Or Property: The proposed use will not, under the circumstances of the particular case and the conditions imposed, be detrimental to the health, safety and general welfare of persons, nor injurious to property and improvements in the community, existing surrounding uses, buildings and structures. It shall be demonstrated that the use and property development:
1. Does not lead to deterioration of the environment by emitting pollutants into the ground or air to cause detrimental effects to the property or neighboring properties;
2. Does not introduce hazards or potentials for damage to neighboring properties that cannot be mitigated;
3. Does not encroach upon rivers or streams or direct runoff into those features; and
4. Is in keeping with the type of existing uses surrounding the property and development as proposed will improve the character of the area by encouraging reinvestment and upgrading of surrounding properties.

B. General Plan Consistency: The proposed use at the particular location is consistent with the objectives and strategies established in the general plan, particularly the community or corridor plans.

C. Use Compatibility: The proposed use at the particular location is compatible with the character of the site, adjacent properties, surrounding neighborhoods and other existing development... [irrelevant details omitted]

D. Design Compatibility: The proposed site and building design and placement at the particular location is compatible with:
1. The character of the site in relationship with the surrounding uses which includes buildings and site uses integrating with the topography of the site, retaining trees of value, using natural features as site amenities, developing landscaping along the public areas of the property to create an improved streetscape, reducing expanses of large areas of asphalt or concrete, and screening objectionable views that may exist on the site from all surrounding property owners;
2. The character of the area by the site design location of parking lots, accessways, delivery areas and on site vehicle circulation patterns taking into consideration the adjacent uses and not adversely impacting the adjacent use by exposing them to loss of privacy, objectionable views of large parking or storage areas, or views and sounds of loading and unloading areas;
3. The character of the surrounding uses by the type of exterior lighting and signage that will not detract by being bright or create unwanted light onto adjacent properties;
4. The architectural character of the community and the surrounding neighborhood, considering the building materials, colors, roof shapes, height, mass, size and orientation of the proposed building and design. In determining compatibility with the architectural character of the community, the design shall be found to be generally consistent with those architectural and design principles established in sections 7F (housing and urban design guidelines) and 8G (land use urban design guidelines) of the Ogden City general plan.

E. Compliance With Regulations: The proposed use will comply with the regulations and conditions specified in the land use ordinances.