10-7A-2: PERMITTED, ACCESSORY, AND CONDITIONAL USES ESTABLISHED:

Allowable uses in each of the zones are listed in the table below:

PERMITTED (P), ACCESSORY (A), AND CONDITIONAL (C) USES BY ZONE

Use FR VR AG CC VC PU

Residential Uses

Accessory buildings such as garages, A A A A A A

carports, bathhouses, greenhouses,
gardening sheds and similar structures
which are customarily used in conjunction
with, and incidental to, a permitted principal
use or structure

Elderly residential facilities, in accordance C P P P

with section 10-22-6 of this title

Family daycare home C C Formatted Table

Guesthouses, only 1 per lot or parcel of A A A A

land

Keeping of household pets, but not 4 or P P P P P P

more dogs or other domesticated animals
of similar size

Kennels, noncommercial C C P P P Formatted Table

Multiple-family dwellings or apartments P P

Nonpublic home occupations (class 2) P P P P

where public comes to the premises on an
appointment only basis

Open space, public or private P P P P P P

Parks, public or private P P P P P P

Public home occupations (class 1) C C P P Formatted Table

Residential facilities for persons with a P P P P

disability, in accordance with section 10-22-
7 of this title
Single-family dwelling, detached only, for A
the use of a caretaker, watchman or similar
employee of a permitted use

Single-family dwellings, detached P P P P

Single-family dwellings or dwelling groups, P Formatted: Highlight

detached (owner or employee occupied, 1
per 5 acres of land area, in support of
agricultural operations on the property) Formatted: Highlight

Swimming pools A A A A A P

Two-family dwellings, duplex P P P

Utilities, lines and rights of way only P P P P P P

Agricultural Uses

Agricultural related business, including: P

a. Indoor-outdoor retail market facilities

specializing in produce grown on site;

b. Processing facilities of 10,000 square

feet or less in area and located a minimum
of 100 feet from a VR or FR zone boundary
and 30 feet from SR-9;

c. Warehouses or similar storage facilities

of 10,000 square feet or less in area and
located a minimum of 100 feet from a VR or
FR zone boundary and 30 feet from SR-9.

Agriculture P P P P P P

Keeping and raising of farm animals P P P

Keeping of nondomesticated animals not C C

defined as "farm animals"

Ranch or farm employee dormitory, 1 per P Formatted: Highlight

20 acres and located a minimum of 100 Formatted Table
feet from a VR or FR zone boundary

Commercial And Public Uses

Administrative, professional or medical P P

offices
Ambulance and fire protection services P P P

Any business that will have regular C C Formatted Table

operating hours extending later than 12:00
midnight or earlier than 6:00 A.M.

Art galleries P P

Artist studios C P CP

Automotive service stations (see standards C P CP

in section XX)

Bakeries, retail P P

Banks and financial institutions P P

Barber and beauty shops P P

Bicycle shops P P

Blueprint and photocopy services P P

Cemeteries P

Churches P P

Clubs, lounges, and bars CP CP

Convenience stores P

Daycare and nursery schools (see P CP

standards in section XX)

Delicatessens P P

Drugstores and pharmacies P P

Educational institutions; public, quasi-public P CP P

or private

"Established uses" as provided for in P P

section 10-21-1 of this title

Florist shops P P

Food markets and grocery stores P P

General retail stores P P

Guiding, and tour, and transportation C P C P
services to areas inside town limits (see
standards in section XX)

Guiding, tour, and transportation services P P

to areas outside town limits

Laundries, self-service P P

Libraries and museums, public or private P P P

Liquor stores CP CP

Manufacturing, small scale assembly and CP CP

production (see standards in section XX)

Microbreweries C C

Nursery and garden supplies P P

Postal services P P P

Public assembly P P P

Public or quasi-public cultural activities and P P P

nature exhibits

Public parking areas and facilities C P P P

Public services facilities and government P P P

offices

Recreational facilities, commercial (see CP CP P

standards in section XX)

Rental of motorized recreational C C Formatted Table

equipment

Rental of nonmotorized recreational P P

equipment

Rental of power equipment CP

Restaurants C CP CP

Rock shops P P

Theaters (see standards in section XX) CP CP

 Transient lodging facilities, hotels, motels, P CP
hostels and bed and breakfasts

Transportation services (see standards in P P

section XX)

Travel agencies P P

Miscellaneous Uses

Wireless communication facilities See section 10-27-5 of this title

Standards

Automotive service stations:

1. No overnight outdoor storage of vehicles that are in process of repair is allowed. Formatted: List Paragraph, Numbered + Level: 1 +
2. Storage of hazardous and flammable materials must be approved by the fire marshal and all Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment:
applicable state regulatory agencies. Left + Aligned at: 0.25" + Indent at: 0.5"

3. No major automobile repair allowed.

4. The property containing the service station must have frontage and access on a public street.
5. The service station must be designed such that there is adequate space on the property for
vehicles (including service and delivery vehicles) to enter the property, maneuver, and exit the
property without having to back out on to any public street or adjacent property or otherwise
cause any traffic impact on any public street or adjacent property.
6. No outdoor storage of used tires, spare parts, or other similar items is allowed.
7. The operation shall not create noise that is perceptible beyond the property line between the
hours of 8:00pm and 8:00am the following day.
Formatted: List Paragraph

Daycare and nursery schools:

1. The facility must be licensed by the state and abide by all state requirements. Formatted: List Paragraph, Numbered + Level: 1 +
2. Outdoor play areas must be setback at least 25 feet from adjacent residentially zoned Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment:
properties. Left + Aligned at: 0.25" + Indent at: 0.5"

3. No loud noise that is perceptible beyond the property boundary and is sustained for one minute
or more is allowed after 8:00pm or before 7:00am.

Guiding and tour services to areas inside Town limits:

1. No motorized vehicles are allowed to be used in conjunction with the guiding and touring Formatted: List Paragraph, Numbered + Level: 1 +
service. Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment:
Left + Aligned at: 0.25" + Indent at: 0.5"
 2. Guiding and tour routes and operations must not create conflicts with vehicular and pedestrian
circulation patterns.
3. All touring and guiding activities in the UDOT right-of-way require the written approval of the
Utah department of Transportation.

Manufacturing small scale assembly and production:

1. Outdoor storage of raw materials used in the operation is limited to an area of two hundred Formatted: List Paragraph, Numbered + Level: 1 +
(200) square feet. This area must be completely screened from view from adjacent properties Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment:
and the street with a minimum six-foot high opaque fence or wall. Left + Aligned at: 0.25" + Indent at: 0.5"
2. Hazardous and flammable materials storage must be approved by the fire marshal.
3. The operation shall not create noise that is perceptible beyond the property line between the
hours of 8:00pm and 8:00am the following day.

Recreational facilities, commercial:

1. Outdoor recreational facilities must be located more than 100 feet from any residentially zoned Formatted: List Paragraph, Numbered + Level: 1 +
property. Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment:
Left + Aligned at: 0.25" + Indent at: 0.5"
Formatted: List Paragraph
Theaters:

1. Outdoor performances shall not use amplified sound equipment or speakers after 10:00pm or Formatted: List Paragraph, Numbered + Level: 1 +
before 8:00am. Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment:
2. Outdoor theaters must be located at least 100 feet from any residentially zoned property. Left + Aligned at: 0.25" + Indent at: 0.5"

Transportation services:

1. If the vehicles associated with the transportation service are stored in Springdale the property Formatted: List Paragraph, Numbered + Level: 1 +
where the transportation service is located must have sufficient space to park and store all Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment:
vehicles associated with the transportation service while meeting all other requirements of this Left + Aligned at: 0.25" + Indent at: 0.5"
title (e.g. setbacks, landscaping).

Any business with outdoor performances or outdoor sound:

1. Amplified sound equipment or speakers shall not be used outside after 10:00pm or before Formatted: Highlight
8:00am.
2. All sound sources (including sound equipment, speakers, live performers, and other similar
sources of sound) must be setback at least 15 feet from the nearest property line.

Formatted: Normal, Indent: Left: 0.25", No bullets or

numbering
Formatted: List Paragraph
5-2-4: LICENSING REQUIREMENTS:
**********
B. Kennel Licensing:
1. Time For Obtaining License; Effective Date:
a. It is unlawful to keep, harbor or maintain four (4) or more dogs over the age of four (4)
months old unless a license to operate a kennel has been applied for and received.
b. The fee due and payable pursuant to this chapter shall be due May 1, and shall be
delinquent after May 15 of each year. A penalty of fifty percent (50%) shall be added to
delinquent payments.
2. Kennel License Fee1: No kennel license shall be issued by the town unless the fee required
herein is paid. The fee shall be in such amount as established by resolution of the town council.
3. Application: Application for a kennel shall be made to the animal control officer or such other
person as the town council may authorize to receive such applications. If required by title 10 of
this code, a conditional use permit must be granted before a kennel license may be issued.
4.3. Expiration: The kennel license shall expire on April 30 of each year, regardless of the date
when issued.

10-1-12: FEES:
Fees shall be charged to applicants for design/development review, sign, building, occupancy and
conditional use permits, planning commission and appeal authority hearings, amendments and such
other services as are required by this title to be performed by public officers or agencies. Such fees shall
be established by resolution of the town council, and be in amounts reasonably needed to defray costs
to the public, subject to any limitations or requirements of state law.

10-2-2: DEFINTIONS:
CONDITIONAL USE: The use of land that, because of its unique characteristics or potential impact on the
town, surrounding neighbors or adjacent land uses, may not be compatible in some areas or may be
compatible only if certain conditions are required that mitigate or eliminate the detrimental impacts.

Chapter 10-3A Removed from code in entirety

10-5-2: PLANNING COMMISSION DUTIES:

Except when otherwise expressly provided, the planning commission and commission members shall
have the following duties:
A. State Requirements: Perform all functions and duties required of a planning commission by Utah
Code Annotated title 10, chapter 9, as amended.
B. Conditional Use Permits: Review all applications for conditional use permits and recommend to
the town council whether to approve, approve with conditions or deny said application as
outlined within this title.
C. Design/Development Review: Review and approve, conditionally approve or disapprove
design/development review applications as outlined within this title.
D. Compliance, Policy Review: Conduct detailed review for compliance with all of the provisions of
this title and the policies and objectives of the general plan, any amendment or element
thereof, and any specific plan enacted for the area and submit recommendations to the town
council on all building permit applications which fall within the duties of the planning
commission.
 E. General Plan Preparation, Review: Assist in the preparation and periodic review of the general
plan by establishing goals and policies as a guidance system for present and future
development. Policies and programs in the plan should be revised and updated every three (3)
years.
F. Land Use Regulations: Assist in the preparation and periodic review of the land use and
development regulations to include zoning and subdivision ordinances, regulations governing
open spaces, environmentally sensitive areas, density, landscaping, overall visual impact,
architectural standards, building size and any other regulations to preserve the aesthetics and
rural heritage of the town.
G. Understanding Of Provisions: Understand all applicable ordinances and conditions under which
planning commission decisions are made.
H. Public Hearings, Meetings: Hold public hearings and meetings in an effort to share with the public
information about proposed development or ordinances and to give the citizens an opportunity
to make comment and suggestions.
I. Capital Improvement Programs: Assist in the preparation of the capital improvement programs to
establish priorities for the improvements to existing facilities and the need for new or expanded
facilities such as public buildings, water and sewer systems, roads and parks.
J. Other Delegated Duties And Powers: Other duties and powers as delegated by the town council.

10-5-6: STAFF ACTION ON PLANNING COMMISSION MATTERS:

A. Authority: The planning commission may direct that any matter over which it has jurisdiction be
formally or informally referred to the planning commission staff for review and the preparation of
recommendations.
B. Referral; Instructions: If a matter is referred to the planning commission staff as permitted by
subsection A of this section, the staff shall conform to all detailed instructions or limitations
contained in the referral, and subject thereto, shall review the referred matter and conduct any
necessary hearings and shall prepare written recommendations for the planning commission,
including recommendation on conditional use permit applications.
C. Alternative Action: If the planning commission staff determines, for any reason, that the work
delegated to it is too complicated, or is outside of its expertise, or is beyond its authority, or creates
a conflict of interest, whether real or perceived, or for any other reason cannot accomplish the
responsibility conferred to them, by any section of this title or other ordinances of the town, the
director of community development may in turn refer the decision, review or report back to the
planning commission with recommendations regarding how to address the issue for its
consideration.

10-13C-10: STANDARDS AND REQUIREMENTS:

A project plan established under the provisions of this article shall conform to the following standards
and requirements as well as to other applicable ordinances of this title:
A. Yard Requirements: Yard setbacks shall conform to the underlying zone unless the developer can
prove to the planning commission that a change will provide greater uninterrupted open space,
a reduction of visual impact or a desirable increase in the distance from a natural hazard. No
more than a fifty percent (50%) reduction of any one yard requirement may be granted.
B. Building Size: Building size shall be determined by the underlying ordinance.
C. Distance Between Buildings: Buildings which are on the same lot shall be restricted according to
the underlying zone.
D. Lot Or Site Size: No minimum lot or site size is required. The number of units permitted in the
planned development will be determined by the underlying zone's permitted density.
 E. Signs: All requirements of chapter 24 of this title shall apply.
F. Parking Requirements: All requirements of chapter 23 of this title shall apply.
G. Designated Open Space; Activities And Uses: Any property set aside in order to cluster buildings
shall be designated open space for the use by the development and held in perpetuity under an
agreement reviewed and accepted by the town. Any such agreement shall be approved by the
town council in conjunction with the town attorney. All designated open space will remain
undeveloped and the following shall apply:
1. Permitted Activities And Uses: The following activities and uses are permitted in designated
open space areas:
a. Performance of emergency work necessary to preserve life or property;
b. Necessary maintenance to existing structures and facilities;
c. Pathways, public and private trails and parks, wildlife preserves, and access points and
bridges to provide for pedestrian, equestrian and bicycle access;
d. Historical landmarks;
e. Approved plantings of vegetation, maintenance and pruning of trees, and clearing of
tamarisk and select underbrush;
f. Maintenance and/or enhancement for flood control, erosion control and water quality
improvements;
g. Water quality and water flow gauging.
2. Conditional Permitted Uses: The following uses and structures may be allowed in designated
open space areas only after a conditional use permit has been approved, subject to the terms
and conditions thereof:
a. Crossings of roads, pipelines and utility lines, constructed with minimal disturbance to
streamside vegetation and channel banks;
b. Access to property across designated open space.
3. Prohibited Activities And Uses: The following activities and uses are prohibited in designated
open space areas:
a. Construction of new roads, except at crossings for the purpose of access;
b. Deposition of materials, clearing, excavating or grading, except where a permit is issued in
compliance with section 10-19-7 of this title;
c. New buildings or structures, except those allowed under section 10-19-7 of this title;
d. Use of motorized vehicles, except for activities permitted under section 10-19-7 of this
title;
e. Parking facilities;
f. Fences or walls which cross a public recreation easement, if such fence or wall in any way
restricts ease of access for pedestrians, cyclists or persons with disabilities, including fences or
walls running parallel to recreational trails if such fence or wall reduces or restricts in any way a
public recreation easement; and
g. Removal, destruction or alteration of natural streamside vegetation, including, but not
limited to, clearing, cutting, grubbing and burning, except as permitted under chapter 19 of this
title.
H. Other Requirements Applicable: All other aspects of the development are governed by the
underlying zone requirements and other related chapters of this title.

10-15C-11: AMORTIZATION OF NONCONFORMING OUTDOOR LIGHTING:

A. Amortization: The town shall require the termination of use of any and all nonconforming
outdoor lighting fixtures, structures, lamps, bulbs or other devices that emit or generate light
 which are not otherwise exempted by this chapter, pursuant to the amortization schedule
contained in this section.
B. Schedule Of Amortization: All outdoor lighting legally existing and installed prior to the effective
date of this chapter and which is not exempted shall be considered nonconforming and shall be
brought into compliance by the property owner as follows:
1. Immediate abatement as a condition for approval upon application for a building permit, sign
permit, conditional use permit, new (nonrenewal) business license, design development
review or similar town permit or review when said site improvements, construction,
reconstruction, expansion, alteration or modification of existing sites, structures, or uses
individually or cumulatively equal or exceed one thousand five hundred (1,500) square feet.
Projects less than one thousand five hundred (1,500) square feet will not be subject to
immediate abatement. However, they will count towards a cumulative total of projects on
the same property. When the cumulative total equals or exceeds one thousand five hundred
(1,500) square feet abatement shall be immediate.
2. All damaged or inoperative nonconforming lighting shall be replaced or repaired only with
lighting equipment and fixtures compliant with this chapter.
3. All outdoor lighting not previously scheduled for amortization or otherwise exempted shall be
brought into conformance with this chapter within seven (7) years from the effective date of
this chapter.
C. Audits: The town shall perform two (2) audits of all outdoor lighting in the town, one four (4)
years and the other six (6) years after the effective date hereof. These audits will identify all
lighting that does not conform to the standards of this chapter. The results of these audits will
be made available to the public.

10-15D-6: OTHER ANIMALS:

Nondomesticated animals not defined as farm animals may be kept on properties for personal,
noncommercial use as a conditional use. In evaluating requests for conditional use permits the planning
commission and town council shall use in keeping with the following standards:
A. The requested animals will not:
1. Create an unreasonable health or safety risk on adjacent properties or adjacent streets.
2. Unreasonably impact adjacent properties with noises or odors.
3. Create conditions that will cause unusually high concentrations of insects or rodents.
4. Draw undue attention to the property where they are housed creating traffic or parking
congestion.
B. The requested animals:
1. Are native or adapted to hot and dry desert climates in the western United States.
2. Have traditionally been used in agriculture or animal husbandry in the western United States.
3. Are compatible with Springdale's heritage and character.
C. If the planning commission and town council find the requested animals meet the criteria above,
the planning commission will develop standards for the number of animals allowed, the animal
habitation area required, setbacks, etc., to mitigate the potential impacts of the animals on
surrounding properties.

10-15D-9: PERMIT AND REVIEW PROCESS:

Agricultural and animal uses shall be reviewed and permitted according to the standards in the table
below:
 CC VC VR FR

Keeping of small Not allowed Not allowed Administrative Agricultural use

animals review process permit

Keeping of Not allowed Not allowed Administrative Agricultural use

medium animals review process permit

Keeping of large Not allowed Not allowed Administrative Agricultural use

animals review process permit

Keeping of Not allowed Not allowed Conditional use Conditional use

animals not Agricultural use Agricultural use
defined as "farm permit permit
animals"

Keeping of bees Not allowed Not allowed Administrative Administrative

review process review process

Gardens/ No review No review No review No review

orchards required required required required

Greenhouses/ Administrative Administrative Administrative Administrative

toolsheds < 100 review process review process review process review process
square feet

Agricultural Standard DDR Standard DDR Standard DDR Standard DDR

structures > 100 review review review review
square feet

A. Administrative Review Process: Requires a simple sketch site plan of the property showing
locations of all agricultural uses. Also requires sketch plans and information regarding the size,
height, and materials used in all structures. The plans will be reviewed by the director of
community development for approval. A onetime seventy five dollar ($75.00) application fee is
required.
B. Agricultural Use Permit: Requires a site plan of the property showing locations of all proposed
agricultural uses. Also requires sketch plans and information regarding the size, height, and
materials used in all structures. Additionally requires information regarding the distance animal
uses will be located with respect to adjacent properties and streets. The permit will be reviewed
by the planning commission. The commission will approve the permit only after finding:
1. The proposed agricultural use will not detrimentally impact surrounding properties or
create a health or safety hazard.
2. The proposed agricultural use will not detrimentally impact floodplain areas, natural
washes, steep slopes, sensitive soils, or existing wildlife.
3. The proposed agricultural use complies with all other applicable standards of this chapter.
4. A onetime two hundred dollar ($200.00) application fee is required.

10-19-7: PERMITTED ACTIVITIES AND USES:

 A. Permitted Activities And Uses: The following activities and uses are permitted in designated open
space areas:
1. Performance of emergency work necessary to preserve life or property;
2. Necessary maintenance to existing structures and facilities;
3. Pathways, public and private trails, wildlife preserves, and access points and bridges to provide
for pedestrian and bicycle access;
4. Historical landmarks;
5. Approved plantings of vegetation, maintenance and pruning of trees, and clearing of tamarisk
and select underbrush;
6. Maintenance and/or enhancement for flood control, erosion control and water quality
improvements;
7. Water quality and water flow gauging;
8. Agricultural uses, including orchards, tree crops, field and bush crops, flower and vegetable
gardening;
9. Keeping of farm animals, including horses, sheep, goats or cattle; and
10. Accessory uses and structures incidental to permitted uses.;
11. Crossings of roads, pipelines and utility lines, constructed with minimal disturbance to
streamside vegetation and channel banks; and
12. Access to property across designated open space.
B. Conditionally Permitted Uses: The following uses and structures may be allowed in designated open
space areas only after a conditional use permit has been approved, subject to the terms and
conditions thereof:
1. Crossings of roads, pipelines and utility lines, constructed with minimal disturbance to
streamside vegetation and channel banks;
2. Access to property across designated open space.

10-22-6: RESIDENTIAL FACILITIES FOR THE ELDERLY:

A residential facility for elderly persons shall 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; be consistent with existing zoning of the desired location; and be occupied on a twenty four
(24) hour per day basis by eight (8) or fewer elderly persons in a family type arrangement under the
continuous supervision of a house family member or manager. Further, a residential facility for elderly
persons may not operate as a business, and may not be considered a business because a fee is charged
for food or for actual and necessary costs of operation and maintenance of the facility.
A. Permitted Use; Multiple-Family Zones: A residential facility for elderly persons is a permitted use
in any area where residential dwellings are allowed, except an area zoned to permit exclusively
single-family dwellings. Prior to establishing a residential facility for elderly persons, a home
occupation permit must be obtained by application to the planning commission. A home
occupation permit shall be issued if the applicant can show that:
1. The facility meets all building, safety, zoning and health ordinances applicable to similar
dwellings;
2. Adequate off street parking space is provided;
3. The facility is capable of use as a residential facility for elderly persons without structural or
landscaping alterations that would change the structure's residential character, with the
exception of changes necessary to comply with the Americans with Disabilities Act;
4. No residential facility for elderly persons shall be established within three-fourths (3/4) mile of
another residential facility for elderly persons or residential facility for disabled persons as
described in section 10-22-7 of this chapter;
 5. No person being treated for alcoholism or drug abusewith addiction caused by current, illegal
use of a controlled substance may be placed in the residential facility for elderly persons;
6. Placement in the residential facility for elderly persons shall be on a strictly voluntary basis
and not a part of, or in lieu of, confinement, rehabilitation or treatment in a correctional
facility;

The use granted and permitted by this subsection is nontransferable and terminates if the
structure is devoted to a use other than as a residential facility for elderly persons or, if the
structure fails to comply with the town ordinances.

B. Conditional Use; Single-Family Zones: Subject to the granting of a home occupation

permitconditional use permit, a residential facility for elderly persons shall be allowed in any
district which is zoned to permit exclusively single-family dwelling use if:

1. The facility conforms to all applicable building, safety, zoning and health codes;
2. The building is capable of use as a residential facility for elderly persons without structural or
landscaping alterations that would change the building's residential character;
3. The facility is located on a dedicated town street;
4. The facility provides off street parking in conformance with section 10-23-4 of this title;
5. No person being treated for alcoholism or drug abusewith addiction caused by current, illegal
use of a controlled substance shall be placed in the residential facility for elderly persons;
6. Placement in the residential facility for elderly persons shall be on a strictly voluntary basis
and not a part of, or in lieu of, confinement, rehabilitation or treatment in a correctional
facility.;
7. The facility otherwise conforms with the requirements of chapter 3A of this title.

The use granted and permitted by this subsection B is nontransferable and terminates if the structure is
devoted to a use other than as a residential facility for elderly persons or if the structure fails to comply
with applicable health, safety and building codes.

C. Discrimination: Discrimination against elderly persons and against residential facilities for elderly
persons is prohibited. The decision of the town 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 the age of the facility's residents.
D. Other Permitted Uses Not Limited: The requirements of this section that a residential facility for
elderly persons obtain a conditional use permit or other permit do not apply if the facility meets
existing zoning ordinances that allow a specified number of unrelated persons to live together.

10-22-7: RESIDENTIAL FACILITIES FOR DISABLED PERSONS:

A. Permitted Use: A residential facility for persons with a disability is a permitted use in any area where
residential dwellings are allowed. Prior to establishing a residential facility for persons with a
disability, a home occupation permit must be obtained by application to the planning commission. A
home occupation permit shall be issued if the applicant can show that:

1. The facility meets all municipal, state or federal building, safety, zoning and health ordinances
applicable to similar dwellings, and necessary permits have been obtained;
 2. The facility is occupied on a twenty four (24) hour a day basis by eight (8) or fewer disabled persons
in a family-type arrangement under the continuous supervision of a house family member or
manager;

3. A community advisory committee will be established through which all complaints and concerns of
neighbors may be addressed;

45. Adequate off-street parking space is provided;

56. The facility is capable of use as a residential facility for persons with a disability without structural
or landscaping alterations that would change the structure's residential character, with the
exception of changes necessary to comply with the Americans with Disabilities Act;

6. No person with addiction caused by current, illegal use of a controlled substance being treated for
alcoholism or drug abuse may be placed in the residential facility for persons with a disability;

7. The facility shall not be made available to an individual who, in the circumstances and even with
reasonable accommodation, poses a serious threat to the health or safety of other individuals;

8. The facility is licensed either by the Utah department of human services under Utah Code
Annotated title 62A, chapter 2, or by the Utah department of health under Utah Code Annotated
title 26, chapter 21, health care facility licensing and inspection act, and said license is maintained
as current and in good standing;

9. The facility is not located within three-fourths (3/4) mile of another existing residential facility for
persons with a disability, measured in a straight line between the closest property lines of the
applicable lots or properties.

The use granted and permitted by this subsection is nontransferable and terminates if the
structure is devoted to a use other than as a residential facility for persons with a disability which is
not compatible with the zone, or if the structure fails to comply with the town ordinances.

B. Discrimination: Discrimination against persons with a disability and against residential facilities for
persons with a disability is prohibited. The decision regarding the application for a permit by a
residential facility for persons with a disability must be based on legitimate land use criteria, and
may not be based on the disabilities of the facility's residents.

10-22-9: HOME OCCUPATIONS:

To assure compliance with provisions of this title and to protect the character of residential
neighborhoods in the town, while allowing limited conduct of business in the residential districts, a
home occupation permit shall be obtained as provided in this section before a dwelling or accessory
building in a residential zone may be used for business or other similar purposes.

A. Classes Of Home Occupations: There shall be two (2) classes of home occupations:
 1. Public Home Occupation (Class 1): Public home occupation (class 1) is a business wherein the public
may come to the home for services or goods, and which has been granted a conditional use permit
as a home occupation by the town council pursuant to chapter 3A of this title. Examples include,
but are not limited to: styling salons, plant nurseries, childcare facilities and professional services
by appointment.

2. Nonpublic Home Occupation (Class 2): Nonpublic home occupation (class 2) is a business which has
applied for and been granted a home occupation permit by the DCD, wherein the public does not
come to the home and where business transactions are conducted by telephone, mail or fax, and
where no goods or services are supplied to walk-in customers or by appointment. Examples
include, but are not limited to: phone sales businesses, art studios without galleries or sales in the
home, and consultants who work by phone or fax with no visiting clients.

BA. Application: An application for a home occupation permit shall contain information sufficient to
determine compliance with the provisions of this section and shall include:

1. A completed home occupation permit application;

2. Current property ownership information necessary to satisfy notification requirements, which shall
include names and addresses of all owners of property located within three hundred feet (300') of
the exterior boundaries of the subject property as further defined in section 10-3-1 of this title, and
a copy of the county recorder's map on which property locations are keyed to ownership
information;

3. The appropriate filing fee as established by resolution of the town council.

CB. Procedure: The approving authority may, upon application and properly noticed review, issue a
home occupation permit which shall state the home occupation permitted, the conditions attached
thereto, and any time limitations imposed thereon. The permit shall not be issued unless the
approving authority is satisfied that the applicant will meet all of the conditions listed below and
that the applicant has agreed in writing to comply with all said conditions.

DC. Notice Of Review: Notice shall be mailed or delivered to the owners of properties within three
hundred feet (300') of a proposed home occupation, as listed on an application for home occupation
permit. The notice shall state the nature and location of the proposed home occupation and advise
of opportunity for review and comment onof said home occupation within the time frame for
review as herein established. A notice of a home occupation review shall be posted at three (3)
prominent locations within the town at least fifteen (15) days prior to the conclusion of the town
staff's established review period.

E. Investigation And Report: Upon receipt and acceptance of a completed application for a home
occupation permit class 2, the approving authority shall review the application and supporting
materials and investigate the proposed use in person. Applications shall be addressed through
preparation of a written report characterizing the location and nature of the proposed use; the
comments and concerns of neighboring property owners; conclusions on the approval or denial of
the request on the basis of adopted criteria; and conditions of home occupation application
approval as may be necessary to satisfactorily address noted concerns. Said report shall be finalized
 no later than thirty five (35) days after acceptance of a completed application. The decision of the
approving authority shall be considered final.be reviewed according the criteria in this section.

F. Criteria: Home occupations, where permitted by the provisions of this title, shall comply with the
following criteria:

1. A home occupation shall be conducted wholly within the dwelling or an accessory building on the
premises, shall be clearly incidental to the use of the structure as a residence, and shall not exceed
twenty five percent (25%) of the total floor area of said structures.

2. The home occupation shall in no way alter the residential character of the structure or premises or
unreasonably disturb the peace and quiet, including radio and television reception, of the
neighborhood by reason of color, design, materials, construction, lighting, signs, sounds, noises or
vibrations.

3. Inventory and supplies for the home occupation shall not occupy more than fifty percent (50%) of
the permitted area.

4. A home occupation shall not employ help other than the members of the resident family and one
assisting nonfamilial employee.

5. No motorized, mechanical or electrical equipment, apparatus or tools shall be permitted except

those items which are commonly associated with a residential use or as are customary to home
crafts. This provision is not intended to preclude the use of personal computers, copy machines
and similar equipment.

6. The use shall not generate pedestrian or vehicular traffic beyond the normal to the residence,
except as provided in subsection A1 of this section.

7. No sign or advertising shall be displayed on the premises except as may be expressly permitted by
this title.

8. The home occupation shall not cause a demand for town or utility services in excess of those usual
and customary to the use of the property for residential purposes.

9. No smoke, odor, liquid or solid waste shall be emitted which is not usual and customary to the use
of the property for residential purposes.

10. There shall be no display of goods or merchandise on the home occupation property. Classes
Described:

a. Public Home Occupation (Class 1): There shall be allowed display of goods, customer services,
sales of goods, wares or merchandise on said premises.

b. Nonpublic Home Occupation (Class 2): There shall be no display of goods, customer services or Formatted: Indent: Left: 0.17"
sales of goods, other than the sales of goods and services conducted by telephone and received by
the customer off-premises by delivery or postal services.
 11. The home occupation may not solicit or accept visits from or provide services to members of the
general public. However, customers of the home occupation may visit the home occupation
property to receive goods or services, but only by specific prior appointment. No more than five
customer visits per day area allowed at any home occupation property. Any special condition
recorded in the home occupation permit which is necessary to carry out the intent of this section
shall be met.

12. All home occupation permits shall be valid for three (3) years, and may be renewed, provided
there have been no reported violations, complaints or detrimental characteristics which may, in
the opinion of the approving authority, require termination of said home occupation.

G. Noncompliance: Any home occupation permit shall be revoked by the approving authority upon
violation of any requirements of this section, or upon failure to comply with any of the conditions or
limitations of the permit, unless such violation is corrected within three (3) days of receipt of written
notice thereof. A permit may be revoked for repeated violations of the requirements of this section,
notwithstanding compliance to the violation notice.

H. Business License Required: A home occupation permit is not a business license, and the granting of
said permit shall not relieve the permittee of any other license requirement of the town or of any
other public agency.

10-22-10: ACCESSORY USES:

Accessory or incidental uses that are not specifically listed as a permitted or a conditional use in any
given zone may be allowed in connection with a permitted, conditional or nonconforming use. The
determination of what qualifies as an accessory use is based upon such use's relationship to the
principal use, such that the use is so customarily incidental to the principal use, and so necessary or
commonly to be expected in conjunction therewith, that it cannot be supposed the ordinance was
intended to prevent it.

A. Application: Application for an accessory use shall be made in writing to the planning commission and
shall include the interpretation sought and such other information as may be specified by the town
council. The planning commission shall recommend to the town council either to approve or deny
the application, after which the town council shall decide on the actual approval or denial.

B. Standards: The planning commission in recommending to the town council whether to approve an
application for an accessory use, and the town council in granting any approval of such an
application, shall each find that:

1. The accessory use is in harmony with the intent and purpose of the applicable zone, and in
harmony with the intent and purpose of this title; and

2. The accessory use is in harmony with the intent and purpose of the general plan; and

3. The proposed accessory use is typical and customary to the nature of the primary use, and so
necessary or commonly to be expected in conjunction therewith, that it cannot be supposed the
ordinance was intended to prevent it; and
 4. The size of the lot in question is sufficient for the proposed use and all required yards, parking,
landscaping, open space and any other applicable provisions of this title; and

5. The proposed accessory use will not be detrimental to the public welfare or unreasonably detract
from the enjoyment of neighboring properties and improvements; and

6. The proposed accessory use is essentially similar to uses in the vicinity of the lot or parcel at issue;
and

7. The proposed accessory use is not the basis for establishment of a nonconforming principal use.

C. Appeals: Any appeal regarding a decision on an application for an accessory use under this section
shall be made in accordance with section 10-3-11 of this title.

10-22-11: FARM ANIMALS:

A. Scope: The agricultural history of the town remains one of its characteristic features. It is the intent of
this section to encourage the continuation of what agricultural use remains, for both its functional
and aesthetic qualities.

B. Regulations: The following regulations shall apply to farm animals:

1. Animals Allowed: Pursuant to the standards in chapter 10-15D, Ssmall numbers of farm animals
and fowl shall be allowed in the valley residential and agricultural zones only for small scale
commercial and noncommercial food production, small scale commercial breeding or the
enjoyment and convenience of the owner. The keeping of farm animals or fowl in the valley
residential zone shall only be allowed as a conditional use.

2. Structures: Pursuant to the standards in chapter 10-15D, Aapproval must be obtained from the
planning commission, or DCD if the structures are minor (according to the criteria in section 10-15-
7 of this title), , as appropriate, prior to the construction, reconstruction, erection, alteration,
expansion or modification of barns, stables, corrals, kennels, pens, coops and runs intended for the
keeping of dogs, farm animals and fowl.

10-27-5: GENERAL STANDARDS:

A. Preferential Order: The town will consider wireless communication facilities listed in the following
preferential order, with the first preference listed first and the last preference listed last. The order
of location preference in each category and each zoning district shall be public property first and
private property second. Applicants for wireless communication facilities are required to provide
justification why facilities listed as a higher preference are not feasible before a lower preference
will be approved. This justification will be reviewed by the third party expert review described in
section 10-27-8 of this chapter. All facilities shall use small cell deployments as the preferred
technology, where feasible.

1. Wireless communication facilities using small cell/DAS technology (or similar technology that
reduces the overall size required for facilities and antennas) are the first preference for facility
 type. The following list establishes the town's preference for facilities using small cell/DAS or
similar technology:

a. Enclosed facility.

b. Concealed attached facility.

c. Nonconcealed attached facility.

d. Concealed freestanding facility.

e. Nonconcealed freestanding facility.

2. Wireless communications facilities that do not use small cell/DAS or similar technology may be
used only if technical constraints prevent small cell/DAS or similar technology facilities from being
feasibly developed. Economic or financial issues do not justify the use of facilities that do not use
small cell/DAS or similar technology. The following list establishes the town's preference for
facilities that do not use small cell/DAS or similar technology:

a. Enclosed facility.

b. Concealed attached facility.

c. Nonconcealed attached facility.

d. Concealed freestanding facility.

e. Nonconcealed freestanding facility.

B. Preference For Location: The order of preference for location of wireless communications facilities in
the town's zoning districts is:

1. Public use.

2. Agricultural.

3. Central commercial.

4. Village commercial.

5. Valley residential.

6. Foothill residential.

Applicants for new facilities are required to provide justification why zoning districts listed as a
higher preference are not feasible before a lower preference will be approved. This justification
will be reviewed by the third party expert review described in section 10-27-8 of this chapter for
applications for all wireless facilities, as well as any other application that requires third party
review pursuant to subsection 10-27-8A of this chapter.

USE TABLE BY ZONING DISTRICT

P = Permitted CUP = Conditional use permit N = Not permitted

Zoning District

Central Village Valley Foothill

Public Agricultural Commercial Commercial Residential Residential
Use

Facilities using
small cell/DAS
or similar
technology:

Enclosed P P P P P P
facility

Concealed P P P P CUP P CUP P

attached
facility

Nonconceale P P P CUP P CUP P N

d attached
facility

Concealed P P CUP P CUP P CUP P CUP P

freestanding
facility

Nonconceale CUP P CUP P CUP N CUP N N N

d
freestanding
facility

Facilities not
using small
cell/DAS or
similar
technology:

Enclosed P P P P P P
facility
 Concealed P P P CUP P CUP P N
attached
facility

Nonconceale CUP P CUP P CUP CP CUP P CUP P N

d attached
facility

Concealed CUP P CUP P CUP P CUP P N N

freestanding
facility

Nonconceale CUP P N N N N N
d
freestanding
facility

C. Required Permits: Wireless communication facilities shall be located in accordance with the use table
above. One or more of several types of permits may be required for a given facility or group of
facilities.

1. Design/Development Review: All facility types require design/development review approval. A

land use application for any PWSF is not considered complete until the applicant has also applied
for any other land use approval required for the PWSF.

2. Administrative Permit: For those types of facilities that are allowed as permitted uses in the given
zone district, and for qualified collocations, an administrative permit (a permit issued by the
planning commission) is required. The permit shall be processed and decided in accordance with
this section.

3. Conditional Use Permit: For those types of facilities or locations that require a conditional use
permit (see use table above), the planning commission shall review the application under the
standards stated in chapter 3A of this title.

D. Height: No wireless communication facility may exceed the height allowed by the zone in which the
facility is located, except under all of the following specific criteria:

1. The applicant successfully demonstrates with thorough analysis and study, subject to third party
review under section 10-27-8 of this chapter, that a greater height is needed to serve the town's
current wireless communication needs.

2. When an exception for an increased height is made the maximum facility height will be the
shortest height at which the proposed facility will feasibly provide wireless service to an area of the
town that currently does not have adequate service, or forty five feet (45'), whichever is less. This
height shall not contemplate collocation of facilities.
 3. The applicant must demonstrate there is no other feasible location or facility type that would allow
a shorter facility height that could provide service to the area that does not currently have
adequate service.

E. Historic Structures And Districts: No wireless communication facilities are allowed attached to historic
structures or located in historic districts, as identified by the historic preservation commission
pursuant to the historic preservation ordinance.

F. Ancillary Buildings To Antenna Structures: Ancillary buildings to antenna structures must comply with
the required setback, height and landscaping requirements of the zoning district in which they are
located. Ancillary buildings, cabinets and associated structures shall be fenced with a six foot (6')
screen fence, unless the planning commission determines such fence is not necessary to screen the
facilities. Any fencing used must comply with the town's design standards for fences and walls found
in chapter 16 of this title. All power lines leading to the accessory building and antenna structure
shall be underground.

G. Lighting: An antenna may not be illuminated unless required by the FAA.

H. Nonmaintained Or Abandoned Facilities: Each nonmaintained or abandoned wireless communication

tower or antenna must be removed from the building or premises when the communication tower
or antenna has not been repaired or put into use by the owner, person having control, or person
receiving benefit of such tower or antenna within sixty (60) calendar days after notice of
nonmaintenance or abandonment is given to the owner, person having control, or person receiving
the benefit of such structure. The town shall require a cash or surety bond to guarantee removal of
all freestanding facilities. The bond amount shall be one hundred twenty percent (120%) of the
estimated costs to remove the freestanding facility and accessory buildings and to restore the
surface to its preinstallation condition. If, after sixty (60) days' notice, the antenna has not been
repaired or put into use, the antenna is declared to be a nuisance that can be abated under law.
Springdale may use the cash or surety bond provided under this section to pay to remove any
freestanding facility.

I. Slopes: Wireless communication facilities, including accessory structures, may not be located on
natural undisturbed slopes that measure thirty percent (30%) or greater in grade, or where access to
the facility requires traversing natural undisturbed slopes that measure thirty percent (30%) or
greater in grade.

J. Signage: All signage used in connection with any PWSF, including on accessory structures, must
conform to the town's color palette standards under chapter 17 of this title. Only the following
signage may be used in connection with any PWSF:

1. Signage necessary for warning of high voltage or other dangers associated with the facility may be
placed to reasonably give warning and notice of the danger;

2. Signage required by FAA or FCC rules (i.e., ASR identification); or

3. Information signage not to exceed six (6) square feet identifying the owner of the facility, contact
information, and other pertinent identification information.
10-27-6: VISUAL IMPACT STANDARDS:

The town recognizes the need for wireless communication facilities to provide efficient communication
services for residents and visitors. The town also recognizes the unique scenic vistas and viewsheds
surrounding the town are one of Springdale's most important natural resources, and the reason many
residents and visitors are drawn to the area. Wireless communication facilities should be located and
designed to have as minimal visual impact as possible when viewed from the valley floor and any
property within one thousand feet (1,000') of the facility, while still providing efficient service. For the
purpose of this section, "visual impact" means obstruction of or interference with the views of Zion
Canyon, the foothills surrounding town, and/or named peaks and rock formations. The following
standards are adopted to achieve the purposes of this section:

A. An applicant must submit a visual impact analysis with the applicant's application for any proposed
wireless communication facility other than an enclosed facility or concealed attached facility.

B. The visual impact analysis required under this section must be a written report. The report must
assess the visual impacts of the proposed facility and must identify and include all feasible
mitigation measures necessary to mitigate any negative visual impact of the proposed facility. At the
planning commission's request, the applicant must provide an additional simulation of the tower's
impact by erecting a temporary representation of the proposed facility on the project site. The
applicant must allow the viewing of the simulation by the planning commission and interested
parties. The applicant must bear all costs associated with the temporary representation.

C. The visual impact analysis report shall include the following:

1. A photograph simulation of predevelopment versus proposed postdevelopment views from the

valley floor and surrounding properties.

2. An analysis of possible alternative facility types and structure designs and color schemes.

3. An analysis of the visual impact of the proposed facility and accessory buildings from the valley
floor and any property within one thousand feet (1,000') of the proposed facility.

D. The visual impact analysis shall propose visual impact mitigation strategies to reduce the visual
impact the facility will have when viewed from the valley floor and any property within one
thousand feet (1,000') of the proposed facility. The planning commission will review the proposed
mitigation strategies and may impose any or all of the proposed strategies as a condition of
administrative permit or conditional use permit approval, as appropriate. Visual mitigation
standards may include, but are not limited to:

1. Using an enclosed facility or small cell/DAS concealed facility.

2. Using existing natural features such as vegetation or topography to screen the view of the
proposed facility.

3. Locating the facility in such a way that views of prominent named peaks and rock formations are
not impacted from properties on the valley floor.
 4. Using a facility with the shortest height possible.

5. Using colors and materials designed to help the facility blend with its surroundings.

6. Using landscape or other natural features as a visual screen.

7. Any combination of the above strategies, or other strategies designed to mitigate the visual impact.

10-27-9: APPROVAL PROCESS:

PWSF require the following approvals and processes:

A. Design/Development Review: The planning commission shall evaluate all applications for PWSF
according to the standards in this chapter, as well as all applicable standards for the underlying zone
and other land use standards. In the event of a conflict, the standards in this chapter shall prevail.

B. Conditional Use Permit: A conditional use permit is required in various zoning districts for all types of
PWSF except enclosed facilities, as set forth in section 10-27-5 of this chapter. Standards of review
for conditional use permits are those standards found in chapter 3A of this title and this chapter,
with particular emphasis on the visual impact standards in section 10-27-6 of this chapter.

CB. Compliance With Siting Preferences: For every application for siting of new PWSF on or above
ground level (except temporary PWSF and collocations), the applicant must submit an affidavit from
a radio frequency engineer demonstrating that the applicant has complied with the siting
preferences of subsection 10-27-5A of this chapter. Where a lower preference alternative is
proposed, the affidavit must address why each of the higher ranked options are not technically
feasible, practical, or justified.

DC. Application And Fees:

1. Application materials required for PWSF shall be in accordance with this section.

2. The town council shall establish fees to cover or offset the processing cost of all permits under
this section which will be included in the development fee schedule. Every application for a PWSF
shall be accompanied by the full payment of the fee established for the type of facility requested
(except the expert review fee referenced in subsection 10-27-8C of this chapter). Payment of fees
is required in order for an application to be considered complete. The fee shall not be, in whole or
in part, deferred or waived.