CHAPTER 8
REGULATION OF
GENERAL APPLICABILITY
8.1 HOME OCCUPATIONS. (Amended 1/97, 1/99, 10/99, 6/00, 5/02, 5/05)
(1) All home occupations whether allowed as a
permitted use, or as a conditional use, shall comply with the following
standards:
(a) The home occupation must be clearly
incidental and secondary to the primary use of the dwelling for residential
purposes;
(b) Under appropriate circumstances up to
fifty percent of the usable floor space of a residence may be used for a home
occupation, provided said home occupation does not change the character or
primary use of the dwelling for residential purposes;
(c) A home occupation is generally intended
to involve persons residing at the location where a home occupation is
conducted. Non-residents may be allowed
to participate in a home occupation when deemed appropriate by the Planning
Commission as a part of a conditional use permit. The character of the home
occupation and the neighborhood in which it is located shall be considered in
granting any such conditional use permit.
Appropriate conditions shall insure that any impacts upon the
neighborhood are mitigated, which conditions may include adequate off-street
parking. (Amended 1/99)
(d) The residence must be the principal
residence of the applicant;
(e) Tools, items, equipment or occupations
which are offensive or noxious by reason of the emission of odor, smoke, gas,
vibration, magnetic interference or noise are prohibited;
(f) Stock in trade, inventory or other
merchandise shall be allowed to be kept only in one room of the dwelling and
limited to 100 square feet of floor space;
(g)
Except for home occupation businesses
authorized by a conditional use permit, no clients or customers shall come to
the home nor shall any additional vehicular traffic or parking needs be
generated.
(h) The home shall not require any internal
alterations other than those necessary for a home occupation approved as a
conditional use, nor any external alterations to the residence, nor provide any
visible evidence from the exterior that the building is being used for any
other purpose than that of a residence;
(i) Only
one non-illuminated name plate, not exceeding two hundred square inches, and
mounted flat against building; and
(j) Except for home occupations authorized
by a conditional use permit, no advertising by any method shall identify the
home address.
(2) The following activities shall be
permitted as home occupations that only require the approval of the Zoning
Administrator and one City Council member:
(a) Artists, illustrators, writers, photographers,
editors, drafters, publishers;
(b) Consultants, private investigators, field
representatives and other similar activities where the entire work of the
business, except for record keeping and telephone, are conducted off of the
premises; and
(c) Bookkeeping and other similar computer
activities.
(d) Home
occupations that require a client to come to the home for service including
barbers, beauticians, tax accountants, home instruction of musical instruments,
voice and educational subjects and similar or professional services. Physicians, therapists or other health care
providers must obtain approval of a home occupation permit from the Planning
Commission. (Amended 5/02)
(3) Repealed (Reserved for Future Use). (Amended 5/02)
(4) Applications for home occupation permits
shall be filed with the Zoning Administrator.
The applications shall include the following information:
(a) The names and addresses of all residents
within an three hundred (300) foot radius of the property (exclusive of intervening
streets and alleys) and their signatures, when possible, stating whether they
support or oppose the home occupation proposed;
(b) The expected number of clients per day; (Amended 6/00)
(c) A description of the type of business
proposed;
(d) A listing of the individuals at the home
who will be working on the business;
(e) The expected hours of operation of the
business; and
(f) If the business is conducted in an
apartment, the application must also be approved by the apartment management.
(5) Upon receipt of an application for a home
occupation, the Zoning Administrator shall make a determination of the
completeness. If the application is
determined to be complete, the Zoning Administrator shall approve or deny the
application, or forward it to the Planning Commission for a conditional use
permit.
(6) The Zoning Administrator shall issue a
permit for the home occupation if he finds that the:
(a) provisions of
this Ordinance are satisfied;
(b) proposed home
occupation will be in keeping with the character of the neighborhood and will
not adversely affect the desirability or stability of the neighborhood;
(c) proposed home
occupation does not diminish the use and enjoyment of adjacent properties or
create an adverse traffic or parking impact on adjacent streets or properties;
(d) proposed home
occupation will not negatively impact the future use of the property as a
residence;
(e) proposed home
occupation will not adversely affect the public health, safety or welfare; and
(f) proposed home
occupation conforms with all fire, building, plumbing, electrical and health
codes.
(7) If the application is forwarded to the
Planning Commission for special consideration before issuing a conditional use
permit, the Planning Commission shall consider the application and approve,
approve with conditions or deny the application in accordance with the
procedures and standards set forth in chapter 7, Conditional Use Permits.
(8) The Planning Commission, or the City
Council member and Zoning Administrator, in the case of home occupations
authorized by this chapter, may terminate any permit for a home occupation use
upon making findings that support either or both of the following conclusions:
(a) any of the
required licenses or permits necessary for the operation of the business have
been revoked or suspended;
(b) violation or
disregard of any condition issued in approval of the permit; or
(c) violation of any
of the provisions of this Ordinance anywhere on the property.
(9) Any termination of a home occupation
conditional use permit may be appealed to the Board of Adjustment if such
appeal is made 30 days following the date of termination. Any person adversely affected by the denial
or issuance of a home occupation conditional use permit may appeal that decision
to the Board of Adjustment pursuant to chapter 3.23.
(10) Existing licenses for home occupations
which were legal under the prior ordinance regulating home occupations but
which are not permitted under this Ordinance may be kept and reissued for subsequent
years.
(11) Home occupation conditional use permits
issued under this Ordinance are personal to the applicant, non-transferable and
do not run with the land.
8.2 CONGREGATE CARE FACILITIES.
(1) A congregate care facility shall be
permitted as a conditional use in all residential zoning districts provided it
complies with all of the requirements of the particular zoning district, all
applicable requirements of this Ordinance and the Grantsville City Code, including
business licensing requirements.
8.3 NURSING CARE FACILITIES.
(1) A nursing care facility shall be
permitted as a conditional use in the RM-7 and RM-15 zoning districts provided
that it complies with all of the requirements of that particular zoning
district, all applicable requirements of this Ordinance and the Grantsville
City Code, including business licensing requirements.
8.4 GROUP HOMES.
(1) The purpose of this chapter is to permit
the establishment of group homes for the disabled subject to licensing
procedures and, where appropriate, conditional use standards. No group home for the disabled, shall be
established, operated or maintained within the City without a valid license
issued by the Board of Health.
(2) Small group homes (four to six residents)
shall be permitted upon the issuance of a license in the RR-5, RR-1, R1-10,
R1-12, RM-7, and RM-11 zoning districts, provided that no small group home
shall be located within eight hundred feet of another group home or a
transitional treatment home.
(3) Large group homes (seven or more
residents) may be permitted by conditional use permit upon the issuance of a
license in the RM-7 and RM-11 zoning districts provided that no large group
home shall be located within eight hundred feet of another group home or a
transitional treatment home.
(4) A
residential facility for disabled persons shall be consistent with existing
zoning of the desired location. A
residential facility for disabled persons shall:
(a) be occupied on a
24‑hour‑per‑day basis by eight or fewer disabled persons in a
family‑type arrangement under the supervision
of a house family or manager;
(b) conform with
applicable standards of the Department of Human Services;
(c) be operated by
or operated under contract with that department;
(d) the facility
meet all applicable building, safety, zoning, and health ordinances applicable
to similar dwellings;
(e) the operator of
the facility provide assurances that the residents of the facility will be
properly supervised on a 24‑hour basis;
(f) the operator of
the facility establish a municipal advisory committee through which all
complaints and concerns of neighbors may be addressed;
(g) the operator of
the facility provide adequate off‑street
parking space;
(h) the facility be
capable of use as a residential facility for disabled persons without
structural or landscaping alterations that would change the structure's
residential character;
(i) no residential facility for disabled persons be established
within three‑quarters mile of another
residential facility for disabled persons;
(j) no person being
treated for alcoholism or drug abuse be placed in a residential facility for
disabled persons;
(k) no person who is
violent be placed in a residential facility for disabled persons; and
(l) placement in a
residential facility for disabled persons be on a strictly voluntary basis and
not a part of, or in lieu of, confinement, rehabilitation, or treatment in a
correctional facility.
(2) Upon application for a permit to
establish a residential facility for disabled persons in any area where
residential dwellings are allowed, except an area zoned to permit exclusively single‑family swellings, Grantsville City may decide
only whether or not the residential facility for disabled persons conforms to
ordinances adopted by Grantsville City under this part. If Grantsville City determines that the
residential facility for disabled persons complies with those ordinances, it
shall grant the requested permit to that facility.
(3) The use granted and permitted by this
section is non transferable and terminates if the structure is devoted to a use
other than a residential facility for disabled persons or if the structure
fails to comply with the ordinances adopted under this part.
8.5 TRANSITIONAL TREATMENT HOMES.
(1) The purpose of this chapter is to permit
the establishment of transitional treatment homes for the disabled subject to
licensing procedures and, where appropriate, conditional use standards. No transitional treatment home for the
disabled, shall be established, operated or maintained within the City without
a valid license issued by the Board of Health.
(2) Small transitional treatment homes (four
to six residents) may be allowed as a conditional use permit in the RM-7, and RM-11 zoning districts, provided that no small
group home shall be located within eight hundred feet of another transitional
treatment home or a group home.
(3) Large group homes (seven or more
residents) may be permitted by conditional use permit in the RM-7 and RM-11
zoning districts provided that no large group home shall be located within
eight hundred feet of another group home or a transitional treatment home.
8.6 MUNICIPAL ORDINANCES GOVERNING ELDERLY
RESIDENTIAL FACILITIES.
(1) The purpose of this chapter is to
establish that a residential facility for elderly persons shall:
(a) not be operated
as a business;
(b) be owned by one
of the residents or by an immediate family member of one of the residents or be
a facility for which the title has been placed in trust for a resident;
(c) be consistent
with existing zoning of the desired location; and
(d) be occupied on a
24-hour-per-day basis by eight or fewer elderly persons in a family-type
arrangement.
(2) A residential facility for elderly
persons is a permitted use in any area where residential dwellings are allowed,
except an area zoned exclusively single‑family
dwellings. Upon application for a permit
to establish a residential facility for elderly persons in any area where
residential dwellings are allowed, except an area zoned to permit exclusively single‑family dwellings, Grantsville City may decide
only whether or not the residential facility for elderly persons conform to
ordinances adopted by Grantsville City under this part. The permit process requires that:
(a) the facility
meet all applicable building, safety, zoning, and health ordinances applicable
to similar dwellings;
(b) adequate off‑street parking space be provided;
(c) the facility be
capable of use as a residential facility for elderly persons without structural
or landscaping alterations that would change the structure's residential
character;
(d) no
residential facility for elderly persons be established within three‑quarters mile of another residential facility
for elderly persons or residential facility for handicapped persons.
(e) no person being
treated for alcoholism or drug abuse be placed in a residential facility for
elderly persons; and
(f) placement in a
residential facility for elderly persons be on a strictly voluntary basis and
not a part of, or in lieu of, confinement, rehabilitation, or treatment in a
correctional facility.
(3) Subject to granting of a conditional use
permit, a residential facility for elderly persons shall be allowed in any
municipal zoning district that is zoned to permit exclusively single‑family use, if that facility:
(a) conforms to all
applicable health, safety, zoning, and building codes;
(b) is
capable of use as a residential facility for elderly persons without structural
or landscaping alterations that would change the structure's residential
character; and
(c) no residential
facility for elderly persons be established or permitted within three‑quarters mile of another existing residential
facility for elderly persons or residential facility for handicapped persons.
(4) The use granted and permitted by this
section is non transferable and terminates if the structure is devoted to a use
other than a residential facility for elderly persons or if the structure fails
to comply with the ordinances adopted under this part.
(5) The requirements of this section that
requires a residential facility for elderly persons obtains a conditional use
permit or other permit does not apply if the facility meets the requirements of
existing zoning ordinances that allow a specified number of unrelated persons
to live together.
(6) The decision of a municipality regarding
the application for a permit by a residential facility for elderly persons must
be based on legitimate land use criteria and may not be based on:
(a) the age of the
facility's residents; or
(b) discrimination
against elderly persons and against residential facilities for elderly persons.
8.7 MUNICIPAL ORDINANCES GOVERNING
RESIDENTIAL FACILITIES FOR HANDICAPPED PERSONS.
(1) The purpose of this chapter is to
establish that a residential facility for handicapped persons shall be:
(a) consistent with
existing zoning of the desired location;
(b) be occupied on a
24‑hour‑per‑day basis by eight or fewer handicapped persons
in a family‑type arrangement under the
supervision of a house family or manager; and
(c) conform with
applicable standards of the Department of Human Services and be operated by or
operated under contract with that department.
(2) A residential facility for handicapped
persons is a permitted use in any area where residential dwellings are allowed,
except an area zoned exclusively single‑family
dwellings. Upon application for a
building permit to establish a residential facility for handicapped persons in
any area where residential dwellings are allowed, except an area zoned to
permit exclusively single‑family swellings,
Grantsville City may decide only whether or not the residential facility for
elderly persons conform to ordinances adopted by Grantsville City under this
part. The building permit process shall
require that:
(a) the facility
meet all applicable building, safety, zoning, and health ordinances applicable
to similar dwellings;
(b) the operator of
the facility provide assurances that the residents of the facility will be
properly supervised on a 24‑hour basis;
(c) the operator of
the facility establish a municipal advisory committee through which all
complaints and concerns of neighbors may be addressed;
(d) the operator of
the facility provide adequate off‑street
parking space as is required in Chapter 6 of this code;
(e) the facility be
capable of use as a residential facility for handicapped persons without
structural or landscaping alterations that would change the structure's residential
character;
(f) no residential
facility for handicapped persons be established within three‑quarters
mile of another residential facility for handicapped persons;
(g) no person being
treated for alcoholism or drug abuse be placed in a residential facility for
handicapped persons;
(h) no person who is
violent be placed in a residential facility for handicapped persons; and
(i) placement in a residential facility for handicapped persons
be on a strictly voluntary basis and not a part of, or in lieu of, confinement,
rehabilitation, or treatment in a correctional facility.
(3) Subject to granting of a conditional use
permit, a residential facility for handicapped persons shall be allowed in any
municipal zoning district that is zoned to permit exclusively single‑family use.
Subject to granting of a conditional use permit the Planning Commission
shall be assured that:
(a) no person who is
being treated for alcoholism or drug abuse may be placed in a residential
facility for handicapped persons;
(b) no person who is
violent may be placed in a residential facility for handicapped persons; and
(c) placement in a
residential facility for handicapped persons shall be on a strictly voluntary
basis and may not be a part of, or in lieu of, confinement, rehabilitation, or
treatment in a correctional institution.
(d) conforms to all
applicable health, safety, zoning, and building codes;
(e) is
capable of use as a residential facility for handicapped persons without
structural or landscaping alterations that would change the structure's
residential character; and
(f) no residential
facility for handicapped persons be established within three‑quarters
mile of another existing residential facility for handicapped persons.
(4) If Grantsville City determines that the
residential facility for handicapped persons complies with those ordinances, it
shall grant the requested permit to that facility.
(5) The decision of a municipality regarding
the application for a permit by a residential facility for handicapped persons
shall be based on legitimate land use criteria and may not be based on:
(a) handicapping
condition of the facility's residents; and
(b) discrimination
against handicapped persons and against residential facilities for handicapped persons.
(6)
The use granted and permitted by this
section is non transferable and terminates if the structure is devoted to a use
other than a residential facility for handicapped persons or if the structure
fails to comply with the ordinances adopted under this part.
8.8 CITY COUNCIL REVIEW AND APPROVAL OF CERTAIN
DEVELOPMENTS REQUIRED.
(1)
Notwithstanding any other provision to
the contrary in this Code or under any other Grantsville city Ordinance, all
new developments or construction projects having an estimated new construction
value of over $250,000.00, all multiple occupancy non-residential structures
with over four separate occupants or uses and all apartment or condominium
structures or developments having more than two residential units, shall be
first reviewed and approved by the City Council prior to the commencement or
construction.
(2)
The City Council review and approval
required by this Section shall take place prior to the issuance of any building
permits for the proposed project or development. The building Official’s determination of
valuation under Section 5-2 of the Grantsville City Code shall be used to
determine if the construction value of a project is over $250,000.00 under this
Section. This development also requires
the review and approval of the Zoning Administrator or the Planning Commission,
said review and approval shall be completed prior to the review and approval by
the City Council under this Section.
(3)
The review and approval by the City
Council under this Section shall be conducted in an effort to ensure that all
departments of the City are notified of the proposed project prior to
construction, that all applicable building and zoning regulations have been
complied with, that utilities are efficiently provided to the property and that
any negative impacts to the neighborhood or community are mitigated. The City council may impose such reasonable
conditions and requirements as it deems necessary in order to achieve the
foregoing objectives and to ensure that city planning issues are raised and
resolved prior to construction.