Chapter 39. - Ambiguous Use Classification

17-39-1 - Process.#

If ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent of this Title, the following process applies: 1.

An applicant may submit a classification request to a committee consisting of the Community Development Director, a City Attorney, and a member of the City Council to determine if a proposed business use aligns with an existing permitted or conditional use in this Title. The application shall include the use description, operational details for the business, site plans, and any other information requested by the committee.

2.

The committee shall determine if the proposed use is substantially similar to an existing permitted or conditional use based on the following criteria:

a.

Type of goods and services provided;

b.

Number of customers;

c.

Number of employees;

d.

Amount and type of on-site storage; and

e.

Noise, odor, dust, or vibration generated.

3.

If the committee determines the proposed use is substantially similar to an existing use, the applicant may proceed under the regulations applicable to that use.

4.

If the committee determines the proposed use is a new or unlisted business use not substantially similar to an existing use, the applicant may submit the application to the City Council for review.

(Ord. 26-06-01, § XIX, 6/4/2026)

17-39-2 - City Council Review.#

If an application is sent to the City Council for review: 1.

The City Council shall review the application at a public meeting within sixty (60) days of submission, provided the applicant responds to requests for additional information within ten (10) business days and attends required meetings.

2.

The City Council shall approve or deny the new or unlisted business use based on:

a.

Consistency with the Kaysville City General Plan,

b.

Public health, safety, and welfare, and

c.

Zoning compatibility.

3.

If approved, the City Council shall designate one (1) or more appropriate zones for the use and direct staff to amend this Title to incorporate the use as a permitted or conditional use in those zones.

4.

If denied, the City Council shall provide written reasons for the denial, and staff shall amend this Title to add the use to a list of prohibited uses.

(Ord. 26-06-01, § XIX, 6/4/2026)

17-39-3 - Appeals.#

The City Council's decision under this Section constitutes a final administrative decision of the City that may be appealed to district court in accordance with applicable state law.

(Ord. 26-06-01, § XIX, 6/4/2026)