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Brigham City City Zoning Code

1100 SOUTH

1100 WEST STREET PLANNED DISTRICT

§ 156.200 PURPOSE AND INTENT.

   The purpose and intent of establishing the 1100 South 1100 West Street Planned District is to address a very specific area of the city which is located at the crossroads of 1100 South Street/SR-91 and 1100 West Street. The Planned District is intended to create a zoning district that can be a productive and vibrant location to allow the orderly and beneficial development of the 1100 South 1100 West Street Planned District, promote the economic benefit of Brigham City and Box Elder County by bringing additional dwelling units to the city as well as promoting businesses and jobs. The general development plan for the 1100 South 1100 West Street Planned District provides general guidance as to the approximate location and proposed density of dwelling units, non-residential building uses and intensities and land use considered suitable for adjacent properties and to ensure that appropriate infrastructure and services are available to support the development of the 1100 South 1100 West Street Planned District. The Planned District site is located northwest of the intersection of 1100 West Street and 1100 South Street/SR-91 (see Exhibit "A" legal description and site map/development plan, as referenced in § 156.204).
(Ord. 24-12, passed 5-2-2024)

§ 156.201 PLANNED DISTRICT.

   The 1100 South 1100 West Street Planned District shall apply to certain properties located within the corporate limits of Brigham City northwest of the 1100 South Street and 1100 West Street intersection as shown in Exhibit "A".
   (A)   Zoning district established. P-GC (Planned - General Commercial).
   (B)   Uses. The following uses are allowed within the P-GC District, which otherwise may not be listed in the underlying General Commercial zoning district:
      (1)   The underlying zone is General Commercial - all uses allowed under the same permitted or conditional use designation as in other General Commercial districts are hereby allowed in this Planned District.
      (2)   Subject to the limitations in division (D) of this section, additional permitted uses allowed and incorporated in the P-GC District, as defined, as applicable, in division (C) of this section.
         (a)   Pet kennel (overnight boarding, daycare, spa, hotel);
         (b)   Handgun shooting range (indoor);
         (c)   Boat sales and/or indoor service;
         (d)   RV sales and indoor service;
         (e)   Car rental;
         (f)   Linen supply or laundry service;
         (g)   Commercial kitchen, sales and service;
         (h)   HVAC/air conditioning, sales and service;
         (i)   Distribution retail;
         (j)   Flex commercial;
         (k)   Multiple family dwellings substantially as laid out in the attached development plan;
         (l)   Facilities for preparation, assembly, distribution, or sale of food, pharmaceuticals, cosmetics, or other consumer-oriented services or products;
         (m)   Electronics facility;
         (n)   Greenhouse, nursery, or other plant or gardening oriented uses;
         (o)   Light sheet metal facility;
         (p)   Dance, gymnastics, martial arts, cross fit, yoga, golf simulator, gym, and other similar athletic instructions or services or facilities;
         (q)   Axe-throwing, laser-tag, and other similar retail entertainment facilities;
         (r)   Convenience store or market;
         (s)   Office;
         (t)   Pharmacy;
         (u)   Restaurant or bakery;
         (v)   Salon;
         (w)   Ceramics facility;
         (x)   Machine shop; and
         (y)   Maker's space.
   (C)   Definitions. The following terms used in division (B)(2) of this section have these meanings, all subject to the limitations in division (D) of this section:
      (1)   PET KENNEL. A shelter or housing service for the breeding or boarding of household animals such as cats or dogs, consisting mostly of indoor space with only incidental or relatively small outdoor pet areas.
      (2)   LINEN SUPPLY OR LAUNDRY SERVICE. An establishment that customizes, mends, cleans, stores, supplies, and/or delivers linen, clothing, and/or uniforms.
      (3)   COMMERCIAL KITCHEN. Either (i) a kitchen designed to prepare food in large volumes, generally meaning sufficient to serve more than one or two households, or (ii) a kitchen where customers can participate in educational instruction relating to cooking or preparation of food.
      (4)   DISTRIBUTION RETAIL. A facility for the receipt, storage, sorting, labeling, light assembly, and/or preparation of goods or products for delivery to the end user.
      (5)   FLEX COMMERCIAL. An establishment containing a mixture of office, warehouse, and/or retail space.
      (6)   MACHINE SHOP. A workshop with tools or equipment and related materials and inventory relating to the production, repair or customization of mechanical items by CNC, 3D printing, or other similar technology.
      (7)   ELECTRONIC FACILITY. A workshop with tools or equipment and related materials and
inventory relating to electronic goods and services, including electronic goods repair and service, and including renewable energy products like solar panels, batteries, and related items.
      (8)   LIGHT SHEET METAL FACILITY. A workshop with tools or equipment and related materials and inventory relating to sheet metal fabrication and customization.
      (9)   CERAMICS FACILITY. An establishment (i) for the creation of ceramics products, and/or (ii) where customers can participate in ceramics creation, painting, or customization.
      (10)   MAKER'S SPACE. A workshop of tools, equipment and related materials and inventory where self-directed makers can individually or collaboratively create, produce, repair, or customize creative or artistic projects.
   (D)   Limitations (nuisance/indoor use/size/compatibility).
      (1)   No use is permitted if a reasonable person would find the use to produce vibration, noise, fumes or other nuisances that is reasonably expected to be unpleasant, offensive, or disturbing or pose safety or environmental hazards to the public or any neighboring property. The definition of any use may be interpreted more restrictively than Brigham City code. Further, the definition may also be interpreted by a homeowner association established in the P-District to address vibration, noise, fumes or other nuisance as defined in their governing area. All machinery, equipment, materials, and inventory must be stored indoors. No outdoor operations will be permitted. No workshop or facility will be more than 15,000 square feet of floor area.
      (2)   In any building/structure that includes residential use (i.e. live/work unit, townhome or apartment above a commercial space), the permitted non-residential use is limited to compatible residential uses of retail, studio, services, or office and the hours of operation of 7:00 a.m. to 10:00 p.m. daily.
   (E)   Development plan. The submitted site plan and elevations incorporated as Exhibits "A" and "B"
respectively, shall serve as the general "development plan" for the 1100 South 1100 West Street Planned District. Any significant revision to the development plan requires an amendment to this Planned District. The applicable land use application for final design and construction plans shall be submitted for Planning Commission review and approval. The exact layout and number of units may differ from the submitted site plan based upon site design adjustments and parking requirements.
(Ord. 24-12, passed 5-2-2024)

§ 156.202 STANDARDS AND REGULATIONS.

   The following provisions shall apply in this Planned District, which district shall also be subject to other provisions of the City Code, except where conflict in regulations occurs, the regulations specified in these sections, or on the development plan approved pursuant to these sections shall apply.
   (A)   Standards for area, coverage, density, yard requirements (setbacks), height regulations, parking, lighting, and signage shall be governed by (i) for all residential parcels as depicted in the development plan the standards of the R-M-30 District, and (ii) for all commercial parcels as depicted in the development plan, the standards of the GC District, City Code sections on sign regulations and off-street parking requirements.
   (B)   Standards for public improvements shall be governed by applicable adopted city ordinances and laws, including the current adopted edition of the Brigham City Public Work Standards.
   (C)   Landscaping and screening.
      (1)   Landscaping shall be governed by the standards of the development plan and (i) for all residential parcels and uses, the R-M-30 District, and (ii) for all commercial parcels and uses, as defined in the GC District.
      (2)   Plantings shall include drought tolerant designs where appropriate.
      (3)   The landscape and screening plan shall be submitted with the final design and construction plans for Planning Commission review and approval.
      (4)   Trees adequately spaced and separated throughout the residential areas of the Planned District, according to a final landscaping plan approved by the City Forester.
      (5)   Loading docks/bays in the commercial areas.
   (D)   Architectural controls. New building construction is intentionally allowed to be flexible and creative. The architecture shall substantially follow the thematic elevations in Exhibit "B". Where the thematic elevations do not provide specificity then (i) for all residential parcels, the standards in the R-M-30 District shall apply, and (ii) for all commercial parcels, the standards in the GC District shall apply.
   (E)   Fencing plan. The fencing plan shall be submitted with the final design and construction plans for Planning Commission review and approval. Fencing shall be required only along perimeters of the Planned District, and not within any interior of the Planned District; provided, however, the property owner may elect to provide certain interior fencing within the Planned District subject to Planning Commission review and approval of the fencing plan.
   (F)   Phasing plan. Phasing shall be permitted. Phasing plans shall be submitted with the final design and construction plans for Planning Commission review and approval.
   (G)   Recreation and playground areas. Usable recreation area standards for the residential parcels will be as required under the R-M-30 District, subject to the following superseding clarifications: (i) any on-site, above grade storm drainage detention basin may count toward a portion of the recreation area if the applicant provides sufficient evidence that the basin is safe for recreational purposes and usable pertaining to the area, slope and landscape, (ii) indoor recreational facilities shall count toward the required square footage and may include club rooms, fitness areas, spas, game rooms and other similar facilities, (iii) pathways or trails within the designated areas may be included in the calculation (although portions of sidewalks which border a parking lot and/or building are not considered recreation area).
   (H)   Trail alignment. All alignments of trails within the development will be substantially as depicted in the site plan attached as Exhibit "A".
   (I)   Cross access with neighboring parcel. The development must have one or more cross access easement agreements with the parcel located adjacent to the southwest corner of the development.
(Ord. 24-12, passed 5-2-2024)

§ 156.203 CONFLICTS AND SEVERABILITY.

   (A)   Conflict. Whenever regulations in these sections conflict with other provisions of the Brigham City Code, the provisions of these sections shall govern. If there is a conflict in these sections with the development plan, the development plan shall prevail. Whenever regulations of these sections conflict with address matters that are not addressed by the development plan, then said provisions of these sections shall govern. Whenever regulations of other provisions of the Brigham City Code address matters that are not addressed by these sections, then said other provisions of Brigham City Code shall govern.
   (B)   Severability. These sections and the various parts, subsections, and clauses are hereby declared to be severable. If any part, section, paragraph, sentence, clause or phrase is adjudged to be unconstitutional or invalid, it is hereby declared that the remainder of the sections shall not be affected thereby. The City Council of Brigham City, Utah, hereby declares that it would have passed these sections on each part, subsection, paragraphs, sentence, clause or phrase hereof, irrespective of the fact that any one or more portions thereof be declared invalid.
(Ord. 24-12, passed 5-2-2024)

§ 156.204 EXHIBITS.

Exhibit "A" Legal Description and Site Map/Development Plan
 
 
 
1100 South 1100 West Planned District Development Plan (PDF)
 
Exhibit "B" 1100 South 1100 West Planned District Elevations