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Brigham City City Zoning Code

JUNK YARDS

SELF-SERVICE ENCLOSED STORAGE FACILITIES, SELF-SERVICE OUTSIDE STORAGE FACILITIES, TOWING AND IMPOUND YARDS

§ 156.605 PURPOSE AND INTENT.

   The purpose of this subchapter is to provide specific standards and regulations for junk yards, self-service enclosed storage facilities, self-service outside storage facilities and towing and impound yards within the city in the following manner.
   (A)   The standards and regulations set forth below are meant to mitigate the substantial impacts of the said uses.
   (B)   The standards and regulations are designed to improve the aesthetics, general appearance and function of the said uses.
   (C)   These standards and regulations are designed to provide screening of all storage areas.
(Prior Code, § 29.33.010) (Ord. 11-30, passed 12-1-2011)

§ 156.606 DEFINITIONS.

   The definitions specified in this subchapter shall be governing. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   JUNK YARD. The use of any lot, portion of a lot or tract of land for the storage, keeping or abandonment of junk, including scrap metals or other scrap material, or for the dismantling, demolition or abandonment of automobiles, or other vehicles, or machinery or parts thereof; provided that, this definition shall be deemed not to include such uses which are clearly accessory and incidental to any agricultural use permitted in the district.
   SELF-SERVICE ENCLOSED STORAGE FACILITY. A structure, or structures commonly referred to as storage units, containing separate enclosed, individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of time. Such facilities are to be used for dead storage only. The following activities are prohibited within any SELF-SERVICE ENCLOSED STORAGE FACILITY:
      (1)   Commercial, wholesale or retail sales, or miscellaneous or garage sales;
      (2)   The servicing, repair or fabrication of motor vehicles, boats, trailers, small engine equipment or similar equipment;
      (3)   The operation of power tools, spray painting equipment, compressors, welding equipment, kilns or similar equipment;
      (4)   The establishment of a transfer business; and
      (5)   Any use that is noxious or offensive because of odors, dust, noise or vibrations.
   SELF-SERVICE OUTSIDE STORAGE FACILITY. The use of any lot, portion of a lot or tract of land for outside storage of automobiles, trucks, recreational vehicles, boats, trailers or non-motorized storage, containing separate, individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of time. The following activities are prohibited within any SELF-SERVICE OUTSIDE STORAGE FACILITY:
      (1)   Commercial, wholesale or retail sales, or miscellaneous or garage sales;
      (2)   The servicing, repair or fabrication of motor vehicles, boats, trailers, small engine equipment or similar equipment;
      (3)   The establishment of a transfer business;
      (4)   Junk yard or impound yard;
      (5)   Storage of non-motorized storage shall not exceed the height of the screened fence; and
      (6)   Any use that is noxious or offensive because of odors, dust, noise or vibrations.
   TOWING AND IMPOUND YARD. The temporary storage of vehicles that have been towed, carried, hauled or pushed from public or private property for impoundment in a public or private impound yard.
(Prior Code, § 29.33.020) (Ord. 11-30, passed 12-1-2011)

§ 156.607 LICENSES AND PERMITS.

   It shall be unlawful for any person to conduct, maintain or operate junk yards, self-service enclosed storage facilities, self-service outside storage facilities and towing and impound yards within the city unless such person shall first obtain conditional use approval, comply with all the standards and conditions required by such conditional use approval, and comply with all other required city, county, state and federal regulations.
(Prior Code, § 29.33.030) (Ord. 11-30, passed 12-1-2011) Penalty, see § 156.999

§ 156.608 STANDARDS AND REGULATIONS.

   (A)   The following provisions shall apply in the Manufacturing-Distribution (M-D) and General Industrial (M-G) Districts, which Districts shall also be subject to other provisions of this chapter, except that where conflict in regulations occurs, the regulations specified in this subchapter shall apply.
   (B)   (1)   The uses are allowed within the M-D and M-G Zoning Districts only as a conditional use approved by the Planning Commission. The Planning Commission may set conditions as necessary pursuant to §§ 156.375 through 156.387 of this chapter and state code section pertaining to conditional uses.
      (2)   The uses are prohibited in the West Forest Street Corridor Overlay.
      (3)   The corridor is defined in §§ 156.280 and 156.281 of this chapter.
   (C)   Development plans shall be submitted for review by the Planning Commission based on the regulations of §§ 156.400 through 156.412 of this chapter and other applicable chapters in this chapter, (i.e., §§ 156.280, 156.291 and 156.445 through 156.465 of this chapter and the like).
   (D)   (1)   General standards and regulations are indicated with the following table. An “A” indicates the standard or regulation applies to the use as identified in the respective column. An “N” in the column indicates not applicable or not allowed.
      (2)   The following abbreviations represent the use category as shown in the columns below: JY = junk yard (vehicle recycling facility); ES = self-service enclosed storage facility; OS = self-service outside storage facility; and TI = towing and impound yard.
General Standards and Regulations
JY
ES
OS
TI
General Standards and Regulations
JY
ES
OS
TI
Access lanes, internal. Interior access lanes shall be maintained and kept open and free from storage as required by the Fire Department to provide adequate access for fire protection. The width of the access lane(s) will be reviewed and approved based on adequate access and maneuvering within the storage area
A
A
A
A
Building, primary office. When applicable and as determined by the use and conditional use permit, construct and maintain a permanent primary office building. The exterior building materials shall be approved by the Planning Commission. Typical improvements and utility connections are required
A
A
A
A
Buildings, other. All buildings and structures will be reviewed as part of the conditional use permit application
A
A
A
A
Fluid containment. Provide a fluid drainage and disposal plan that complies with all federal, state and local standards
A
N
A
A
Landscaping. Setback areas (area between street and building and/or fencing) shall be landscaped. Provide a detailed landscape plan to be reviewed by the Planning Commission as part of the conditional use review. No vehicles shall be parked or displayed within the areas designated for landscaping
A
A
A
A
Lighting. Site, security and operational lighting shall be installed so that it does not create traffic hazards or impacts on adjacent land uses. A lighting plan shall be submitted and approved as part of the conditional use request. Lighting for parking shall comply with the lighting standards as identified in §§ 156.445 through 156.465 of this chapter
A
A
A
A
Loading or unloading of vehicles. Vehicle staging areas shall be provided outside of the public accessible areas where vehicles are loaded or unloaded. No loading or unloading or storage of any vehicles is permitted within the public right-of-way, the customer parking lot or required setback area from the public right-of-way
A
A
A
A
Parking. When applicable and as determined by the use and conditional use permit, provide adequate off-street customer and employee parking that complies with the standards of §§ 156.445 through 156.465 of this chapter. Customer parking must be separate from the vehicle storage area and accessible from the public road without being restricted with fences or gates. Operable licensed vehicles being displayed for sale shall be located in a separate designated area and are not required to be screened with a visual barrier
A
A
A
A
Setback, buildings. Setbacks for all buildings are subject to the standards in §§ 156.155 through 156.160 of this chapter
A
A
A
A
Setback, outdoor storage areas. All outdoor storage areas, required screening fencing and unloading areas shall be set back 20 feet from all the public right-of-way
A
N*
A
A
Setback, water sources (stream, creek, river, irrigation ditch and the like. Setbacks for all water sources will be reviewed based on the nature of the site, water source, water feature, flood elevation, vegetation and the like
A
A
A
A
Screening. The facility shall be surrounded by a six-foot solid visual barrier fence for all frontages along a public street and visual areas from the street. A six-foot visual barrier fence is required on exterior property lines; except that, the common boundary with another outside storage facility, junk yard or towing and impound yard may be marked with a chain link barrier fence. These visual barriers may be increased in style, height or durability as determined by the Planning Commission. The material and color shall be approved by the Planning Commission. The intent of this requirement is to screen the storage areas from outside of the property, and the fence may need to be modified by the Planning Commission due to the specific topography to accomplish that result
A
N
A
A
Signage. Identification and business signage shall comply with §§ 156.480 through 156.491 of this chapter. No signage shall be permitted on the screen fencing unless specifically authorized by the Planning Commission
A
A
A
A
Site maintenance. All grounds and buildings shall be maintained free of insect and rodent harborage and infestation. The site shall be maintained free of organic waste or inappropriately stored flammable materials. Materials that are customary to the business shall be stored in accordance with applicable laws
A
A
A
A
Storm drainage. Storm drainage is subject to compliance with the city’s Public Works Standards and review and approval by the City Engineer
A
A
A
A
Surface. The surface area between the drive approach and the storage facility or required parking area shall be paved with an asphalt or concrete surface. Required off-street parking shall comply with the Surfacing standards as identified in §§ 156.445 through 156.465 of this chapter and the city’s Public Works Standards. The storage area shall be surfaced with an asphalt, concrete, gravel or road base surface. The thickness of surfacing and material types shall be prescribed by a licensed geotechnical engineer based on the existing site soil conditions and proposed use in accordance with city’s Public Works Standards. A copy of the geotechnical report shall be provided to the City Engineer for review
A
A
A
A
NOTES TO TABLE:
* A development with both enclosed and outside storage, the outside storage regulations would apply to the site.
 
   (E)   Special regulations.
      (1)   Junk yards; stacking or racking of vehicles. Stacking or racking of vehicles shall not exceed the height of the approved fence.
      (2)   Self-service enclosed storage facilities.
         (a)   Outside storage. Outside storage is prohibited unless the facility is approved for both enclosed and outside storage.
         (b)   Prohibited activities. See § 156.606 of this chapter.
      (3)   Self-service outside storage facilities.
         (a)   Stacking or racking of vehicles. Vehicles shall not be stacked or racked. Only one vehicle height shall be permitted within the vehicle storage area.
         (b)   Prohibited activities. See § 156.606 of this chapter.
      (4)   Towing and impound yards.
         (a)   Certification. All towing or impound lots shall comply with State Tax Commission standards for impound yards and shall provide the city with their state issued identification number. All tow trucks and operators accessing the yard shall obtain and meet all necessary state certification and licensing requirements.
         (b)   Prohibited activities. Dismantling or salvaging vehicles.
         (c)   Office. An on-site office is required unless the yard is an approved satellite yard per state regulations. If the yard is a satellite site, an office in the city is required for the business. Parking of towing trucks and other similar large vehicles/equipment at offices located in commercial districts for long periods of time during the day or overnight is prohibited.
         (d)   Stacking or racking of vehicles. Vehicles shall not be stacked or racked. Only one vehicle height shall be permitted within the vehicle storage area.
(Prior Code, § 29.33.040) (Ord. 11-30, passed 12-1-2011) Penalty, see § 156.999

§ 156.609 APPLICATION FOR A CONDITIONAL USE PERMIT.

   (A)   Before a conditional use permit for new junk yards, self-service enclosed storage facilities, self-service outside storage facilities and towing and impound yards can be issued, complete plans and specifications complying with these standards and regulations, and the designated application fees, shall be submitted for review with the Planning Commission. Planning Commission approval, completion of all improvements and continued compliance with these standards and regulations are required for all new junk yards, self-service enclosed storage facilities, self-service outside storage facilities and towing and impound yards.
   (B)   Junk yards, self-service enclosed storage facilities, self-service outside storage facilities and towing and impound yards legally approved and existing as of the effective date of this subchapter may continue to be operated and maintained without the site improvements and design restrictions ofthe ordinance continued herein. However, the site improvement ordinance standards and regulations may be applied to any expansion or modification, as defined in this chapter.
(Prior Code, § 29.33.050) (Ord. 11-30, passed 12-1-2011)

§ 156.610 ENFORCEMENT.

   Enforcement of this subchapter shall follow the provisions of § 156.016 of this chapter.
(Prior Code, § 29.33.060) (Ord. 11-30, passed 12-1-2011)