Skip to main content
Loading…
This section is included in your selections.

Site requirements for properties to be eligible for the RBO (eligibility does not grant a right to the RBO zoning designation, but rather provides an opportunity for property to be rezoned to the RBO through the established rezoning application process subject to the land use authority’s decision):

1. Property must have a minimum of fifty feet (50') of street frontage along a major collector road as identified by the Lindon City street master plan map.

2. Property must be a minimum of thirty thousand (30,000) square feet.

3. Property must be adjacent to the general commercial zone along State Street or within a nonresidential zone. For purposes of this chapter, the commercial farm zone is not considered a nonresidential zone.

4. Property may be required to have street improvements including curb, gutter, and sidewalk along all street frontage; however, an exception may be granted for any or all of these improvements by city council at the time of zoning approval.

a. The city council may grant a waiver of the street improvements only if it makes a written finding that one (1) of the following conditions exists on the proposed property:

i. Potential pedestrian traffic in area is so minimal that improvements are not warranted or needed to ensure public health and safety;

ii. Properties surrounding the proposed property are without curb, gutter, and sidewalks and requiring street improvements would result in disconnected or isolated improvements;

A. A waiver under this condition may only be granted upon the execution of a development agreement to install the improvements at a later date as required in this section;

iii. The natural topography or vegetation preexisting in the area is desirable to maintain and can be done without creating unreasonable risks to pedestrians; or

iv. The requirement to construct the improvements would cause an unreasonable hardship for the applicant that is not necessary to carry out the purpose of this chapter.

A. To grant a waiver under this condition the city council must further find that:

(1) There are special circumstances unique to the proposed property which do not generally apply to other similar properties;

(2) The asserted hardship was not self-imposed; and

(3) Granting the waiver is within the spirit of this chapter, will not be contrary to the public interest, and substantial justice will be done.

b. When such improvements are required to be constructed, the final improvement design shall be reviewed by the city engineer who has the authority to approve such plans.

i. Prior to commencement of business activities, required improvements shall be completed or, alternatively, bonded for according to Chapter 17.38.

ii. Prior to final acceptance by the city of any public improvements, a warranty bond in the amount of ten percent (10%) of the total cost of those improvements shall be posted by the applicant to warrant workmanship of those improvements.

iii. Failure to meet the obligations described above will, at minimum, result in the denial and/or revocation of any business license associated with the property in question.

c. If any exception for construction of public improvements is granted by the city council, including postponement of such improvements to a future date, a development agreement shall be required which outlines those exceptions, unless in such cases a waiver of the obligation for all public improvements is granted. (Ord. 2018-7 §1, adopted, 2018)