Beaver City Zoning Code

1. Purpose: The purpose of the neighborhood commercial zone is to provide an aesthetically attractive working environment exclusively for and conducive to the development and protection of offices, research and development institutions, and certain specialized light manufacturing establishments mixed within the residential zone of the city. The general categories of uses allowed within this zone are more limited than other commercial or manufacturing zones. These restrictions are based on operating characteristics and land use impacts rather than type of service or product. The essential purpose of this district is to achieve development in a residential like setting that is an economic asset to the owners, neighbors, and the community. This zone is more restrictive than other commercial and manufacturing zones in the city in order to have buildings which have architectural excellence, grounds which have an abundance of landscaping, and land uses which do not create air, ground, noise, and water pollution. The zone may be located adjacent or mixed into quality residential development and must be properly beautified to create the highest degree of compatibility. The zone should always be located adjacent to collector or arterial streets. The zone is to be characterized by attractively designed buildings and off street parking lots situated among spacious lawns, shrubs, and trees which give a "residential like" appearance.
2. Objectives: The purpose of this chapter is to establish rules, regulations, standards, and procedures for approval of all neighborhood commercial zones in order to:
3. Strengthen and sustain the economic potential of the city and to create jobs.
4. Advance and promote sound growth and the general welfare.
5. Implement the adopted policies of the Beaver City general plan.
6. Ensure efficient, safe, and aesthetic land development.
7. Provide a unique work environment that will attract skilled and professional people.
8. Provide a workplace that is architecturally and aesthetically pleasing and compatible with the surrounding residential areas.
9. Preserve existing natural resources and give proper consideration to the physical constraints of the land.
10. Provide for safe and efficient vehicular and pedestrian circulation.
11. Provide for compliance with appropriate design standards to ensure adequate light and air, proper building arrangements, and minimum adverse effect on surrounding property.
12. Ensure the provision of adequate water supply, drainage and storm water management, sanitary facilities, and other utilities and services.
13. Develop proper safeguards to minimize the impact on the environment, including, but not limited to, air and water pollution, hazardous waste contamination, noise levels, soil erosion and sedimentation.

HISTORY:

Ord. 6-14-2005-A, 6-14-2005

Only those uses or categories of uses listed herein will be permitted. Questions of whether a use is permitted or not shall be decided by the planning commission.

1. Permitted Principal Uses: The following principal uses are permitted in the N-C zone:

Communications, including radio and television broadcasting (studios only), telephone company offices, recording and sound studios, motion picture studio.

Data processing services.

Finance, insurance, and real estate services.

Professional, business, and administrative offices.

Research services (including laboratories, scientific, medical, chemical, applied physics, mechanical, electronic, biological, genetic or other similar experimental research, product development or testing facilities).

1. Permitted Secondary Uses: The following secondary activities which support or are accessory to the primary activities, are permitted subject to the development and performance standards and conditions set forth herein. When located in the same building with another main use, secondary uses shall not occupy more than forty nine percent (49%) of the total leasable floor space.

Concessions and services which are provided for the convenience of the occupants of the buildings including, but not limited to, corporate lodging, restaurants, and retail uses incidental to and in support of the permitted uses listed in subsection A of this section; provided they are located within a main building and there is no exterior evidence of such accessory uses such as signs or display windows.

Daycare center.

Off street parking and parking structures incident to the building uses in this subsection and subsection A of this section.

Printing, publishing and allied industries.

Recreation facilities such as parks, swimming pools, gymnasiums, tennis courts, athletic fields, or similar activities.

Storage activities and warehouse facilities are permitted only as part of a primary activity, and shall comprise less than fifty percent (50%) of the activity's floor space.

Support and maintenance shops for the uses listed in subsection A of this section.

1. Conditional Uses: The following uses and structures are permitted in the N-C zone only after a conditional use permit has been issued, and subject to the terms and conditions thereof.

Light manufacturing uses shall include fabricating, processing, testing, assembling, packaging, and manufacture of products which have a high value in relation to bulk, from previously prepared materials, but not including uses involving primary production of wood, metal, petroleum, or chemical products from raw materials. Such operations shall not deal in large volumes of product handling, storage and distribution; nor shall such operations include on site milling, forging, or heavy grinding of parts or similar manufacturing operations.

Marketing, telemarketing, and advertising services.

Police protection and related activities, branch (office only).

Other similar and compatible uses. Other similar uses not specifically listed above may be approved by the planning commission, with the issuance of a conditional use permit, upon findings that the proposed use most closely fits within one of the listed categories, and that any expected impacts will be no greater than that of other uses listed. 

HISTORY:

Ord. 6-14-2005-A, 6-14-2005

The permitted uses enumerated above shall not be construed to include, either as a main or accessory use, any of the following uses. This list of prohibited uses is not exhaustive, but is intended to be illustrative of the types of uses which are not allowed.

Cabinet and carpenter shops.

Food processing operations except as incidental to permitted restaurant or cafeteria operations.

Junk or salvage yards.

Liquor stores.

Manufacturing and assembly operations except as otherwise provided.

Petroleum storage, sales, processing or production.

Plumbing or sheet metal shops.

Repair establishments.

Retail sales except as otherwise specified.

Sand, gravel, and other extraction mining.

Terminals, including truck or bus terminals, and other distribution facilities.

HISTORY:

Ord. 6-14-2005-A, 6-14-2005

1. Overall unity of site design shall be accomplished through:
2. Architectural harmony of buildings and structures.
3. Design integration of the common open space system and storm drainage system.
4. Unifying themes in an overall landscaping plan, showing landscaped areas, as well as species, size, and numbers of plant materials.
5. Unified design of street furniture, such as street signs, poles, light standards and luminaries, pedestrian benches, bus shelters, project entrances, perimeter fencing, pavement treatment, plazas, and handicapped curb ramps; housings for power facilities, telephone service boxes, and grouped mailbox stanchions; illumination of buildings, outdoor sculptures and statuary, decorative fountains, walkway railings and steps.
6. All uses except surface parking, recreational activities and utilities shall be conducted within a completely enclosed building. All storage of product and material used shall be in a completely enclosed building constructed with the same exterior finish as the main building. Refuse collection shall be conducted in a completely enclosed building constructed with the same exterior finish as the main building.
7. All utilities shall be placed underground if surrounding residences are underground.
8. All mechanical equipment incidental to any building, including roof mounted mechanical equipment, shall be totally enclosed or screened so as to be an integral part of the architectural design of the building to which it is attached or related.

      8.   Loading operations shall either be conducted within the building or be screened so as to not be visible from a public street, and conducted in such a way that in the process of loading or unloading, no vehicle will block the passage of other vehicles on the service drive or extend into any other public or private drive or street used for traffic circulation.

HISTORY:

Ord. 6-14-2005-A, 6-14-2005

1. Tract Area: The minimum size of any tract zoned and developed for a neighborhood commercial zone shall be one acre.
2. Perimeter Buffer Yards: Perimeter buffer yards adjoining a residential zone boundary shall be not less than twenty five feet (25') deep if screened with a decorative masonry wall at least six feet (6') high; and if not screened with a decorative wall, such yards shall be not less than one hundred feet (100') deep with landscaped berms at least six feet (6') in height.
3. In yards where a screening wall is used, there shall be at least ten feet (10') of landscaping on the residential zone side, and at least fifteen feet (15') of landscaping on the business park side. Both areas of landscaping shall be maintained by the business park.
4. Building Setbacks: Buildings on all lots shall be set back a minimum of twenty feet (20') from any dedicated street right of way line and twenty feet (20') from any other property line.
5. Required Open Space: All building and parking areas on any lot shall not occupy more than sixty percent (60%) of the total area of the lot. The remaining portion of the lot, not to be less than forty percent (40%), shall be landscaped.
6. Height: No building shall be constructed to a height exceeding three (3) stories with a maximum height of sixty feet (60'). Buildings which are constructed on parcels adjacent to a residential zone shall be constructed to a height not exceeding two (2) stories with a maximum height of thirty five feet (35'), unless, pursuant to the issuance of a conditional use permit, upon findings for good cause, the planning commission finds that a taller building would not adversely affect the character, views, value, and peaceful enjoyment of surrounding properties in and outside the park. Such may be the case when a park is located next to an existing residential area with more permissive height limitations.
7. Lot Width: Minimum lot width shall be one hundred feet (100').
8. Minimum Lot Frontage: Each lot or parcel of land in the N-C zone shall abut a public street for a minimum distance of fifty feet (50'); however, lots or parcels with lesser frontage, or no frontage, on a public street may be created as part of an approved and recorded record of survey plat which meets the standards and requirements of this chapter.
9. Minimum Perimeter Street Frontage: The N-C tract shall have a minimum of one hundred foot (100') frontage on a public arterial street.
10. Buildings Per Lot: More than one main building may be placed on a lot.
11. Building Separation: A separation of at least twenty feet (20') shall be maintained between buildings. 

HISTORY:

Ord. 6-14-2005-A, 6-14-2005

1. In the N-C district, no primary or secondary use shall be so conducted as to cause the discharge of any harmful waste materials into or upon the ground; into or within any sanitary or storm sewer system; into or within any water system or water; or into the atmosphere; and no use or activity shall be conducted or permitted which is dangerous or offensive to persons or property by reason of the creation of a fire, explosion, or other physical hazard, or by reason of air pollution, odor, smoke, noise, dust, vibration, radiation, or fumes. In addition, no use shall be permitted or conducted where the same creates a public or private nuisance.
2. Without limiting the generality of the preceding subsection, the following specific standards shall apply in the N-C zone:
3. Incineration: There shall be no incineration on any site of any waste material.
4. Vibration: There shall be no activity on any site which causes ground vibration which is perceptible, without instruments, at the boundary line of the lot.
5. Air Pollution: There shall be no emission on any site of air pollutants in excess of levels permitted by the Utah bureau of air quality. Water vapor is not considered a pollutant. The normal venting of a building shall not be prohibited.
6. Noise: In no event shall the peak intensity of sound exceed a sound level in excess of the following noise limits:
7. Continuous and intermittent noises shall not exceed eighty five (85) dBA during the day, and fifty five (55) dBA during the night. "Day" shall be from seven o'clock (7:00) A.M. to ten o'clock (10:00) P.M. "Night" shall be from ten o'clock (10:00) P.M. to seven o'clock (7:00) A.M. All measurements shall be taken in accordance with this code governing public disturbances.
8. Wastes: The quality and nature of industrial wastes shall not overburden the public sewage disposal facilities or cause odor and unsanitary effects beyond the property line. Nor shall such wastes be discharged into the ground, or any surface or subsurface waterways. Disposal of all hazardous wastes shall comply with all applicable federal and state regulations. Sewage shall also comply with all local, state, and federal regulations.
9. Storm Water: Storm water management shall be incorporated into the development plans so that the rate of storm water runoff from the sites will not be increased as a result of the proposed development; the facilities shall be designed to control the storm water runoff from at least a 25-year return frequency storm as certified by a professional engineer.

HISTORY:

Ord. 6-14-2005-A, 6-14-2005

1. Parking Spaces Required: Off street parking shall be provided at the ratio of four (4) spaces per one thousand (1,000) square feet of gross building floor area, plus one space for each company car parked overnight on the premises.
2. Parking Layout And Construction Standards: All parking spaces, parking areas and driveways must be constructed in accordance with standards established in the transportation master plan and Beaver City engineering standards.
3. Parking Setbacks: All parking areas shall be set back a minimum of twenty five feet (25') from all dedicated public streets and ten feet (10') from all other property lines. Where possible, parking areas shall be located to the rear of the building(s).
4. Emergency Access: Suitable access for emergency equipment shall be provided to all buildings and areas.

HISTORY:

Ord. 6-14-2005-A, 6-14-2005

Landscaping and screening shall be as approved by the planning commission and such landscaping and screening shall be permanently maintained. 

HISTORY:

Ord. 6-14-2005-A, 6-14-2005

One three foot by five foot (3' x 5') exterior sign will be permitted on each building.

HISTORY:

Ord. 6-14-2005-A, 6-14-2005

None at this time. 

HISTORY:

Ord. 6-14-2005-A, 6-14-2005

1. Concurrent with any request to rezone property to the N-C zone, a preliminary project plan shall be submitted to the Beaver City planning commission.
2. The preliminary project plan shall be submitted to the city council with any necessary zone change.
3. Prior to the construction of any building or structure in the N-C zone, a project plan shall be submitted and approved. Said plans may be submitted in units or phases, shall be drawn to scale, and shall include all information required in this code, as well as plans for all signs.
4. Failure to submit a project plan within two (2) years of the approval of the preliminary project plan shall be sufficient cause for the planning commission to initiate a review of the N-C zoning and the preliminary plan to determine if the prior approvals should be reversed.

HISTORY:

Ord. 6-14-2005-A, 6-14-2005

The planning commission shall recommend approval or denial of the zoning petition and preliminary development plan to the city council. The recommendation of the planning commission may contain conditions, limitations, or amendments to the preliminary development plan to ensure that the neighborhood commercial zone is integrated into its surroundings and serves the public interest to the greatest extent possible. The commission shall be guided in its decision by the policies of the general plan and the standards and conditions of this chapter. The planning commission shall also review and approve any request for a conditional use permit as provided in chapter 13 of this title and a conditional use shall be subject to the standards contained in this code.

HISTORY:

Ord. 6-14-2005-A, 6-14-2005

The city council after holding a public hearing may approve or disapprove a petition for a neighborhood commercial zone. The council shall be guided in its decision by the policies of the general plan and the standards and conditions of this chapter.

HISTORY:

Ord. 6-14-2005-A, 6-14-2005

1. Prior to or in conjunction with submission of a final development plan for the first building or first phase of any N-C development, a declaration of covenants, conditions and restrictions for said development shall be submitted to and be approved by the Beaver City planning commission and shall be recorded with the county recorder of Utah County. Said declaration shall contain guarantees for the perpetual maintenance of all common open spaces within the N-C development, and shall assure compliance with the following standards to promote the health, safety, general welfare and property value within the development and in the general area.
2. The following assurances and standards shall be included within the declaration of covenants, conditions, and restrictions recorded in conjunction with any N-C development:
3. The declaration shall include management policies for any common open spaces within the development, setting forth the quality of maintenance to be performed and what entity will be responsible for the perpetual maintenance of said spaces. These management policies, as a minimum, shall contain the following:
4. The establishment of an association or corporation responsible for all maintenance, which shall levy the cost thereof as an assessment to each of the owners of land within the N-C development.

HISTORY:

Ord. 6-14-2005-A, 6-14-2005