Fairfield City Zoning Code

   In order to carry out the purposes of this chapter, the town is hereby divided into zones as follows:

   (A)   AR-1 Residential Agricultural Zone;

   (B)   AR-5 Residential Agricultural Zone;

   (C)   AR-10 Residential Agricultural Zone;

   (D)   AR-40 Agricultural Residential Zone;

   (E)   Light Industrial West Zone;

   (F)   Light Industrial East Zone;

   (G)   Commercial Overlay Zone;

   (H)   Heavy Industrial Zone;

   (I)   Airpark Zone; and

   (J)   Airpark Overlay Zone.

(Prior Code, § 10.11.10)

   (A)   The location and boundary of each of the zones are shown on the official zoning map of the town, and said map is hereby declared to be an official record and a part of this chapter and shall be kept at the Town Office.

   (B)   Whenever amendments or changes are made in zone boundaries, such amendments or changes shall be made on the official zoning map. No amendment or change shall become effective until after the zoning map has been updated.

   (C)   Regardless of the existence of purported copies of the official zoning map which may from time to time be made or published, the official zoning map, which shall be located in the Office of the Town Recorder/Clerk, shall be the final authority in determining current zoning status.

(Prior Code, § 10.11.30)

   Where uncertainty exists with respect to the boundaries of various zones, the following rules shall apply.

   (A)   Street or alley lines. Where the intended boundaries on the zone map are approximately street or alley lines, said streets or alleys shall be construed to be the zone boundaries.

   (B)   Lot lines. Where the indicated boundaries are approximately lot lines, said lot lines shall be construed to be the zone boundaries unless otherwise indicated.

   (C)   Unsubdivided land. Where land has not been subdivided into lots, the zone boundary shall be determined by the use of the scale of measurement shown on the map.

   (D)   Uncertainty. Where other uncertainties exist, the Planning Commission shall interpret the map.

(Prior Code, § 10.11.40)

   Within each of the zones, the use, location, height and size of buildings and structures; the use of land, size of lots, yards, courts and other open spaces; and the density of population are regulated as hereinafter set forth. Any use not specifically permitted in the zone shall be prohibited.

(Prior Code, § 10.11.50) Penalty, see § 154.999

   (A)   Property owners desiring to change the zoning classification for property which they own, whether individually or as a part of a larger development project, shall make an application to the Planning Commission.

   (B)   The requirements and procedures for such rezoning applications are as follows.

      (1)   Application requirements. Applications to rezone property shall include, but not be limited to, the following:

         (a)   A completed town rezone request application;

         (b)   A concept plan depicting the layout, including, but not limited to, roads, parks, trails and type of development anticipated within each zoning classification being requested;

         (c)   If deemed necessary by the Planning Commission, an impact analysis, including, but not limited to, traffic, economic and wildlife;

         (d)   The current zoning classification;

         (e)   Legal description of the property(ies) proposed to be rezoned along with a map and area calculation for each area to be affected; and

         (f)   Rezoning application fees, as determined by resolution of the Town Council and listed in the Town Fee Schedule.

      (2)   Procedure. Upon receipt of a complete application, along with any other supporting documentation and the application fee, the application shall be scheduled for review by the Planning Commission at the next available meeting(s), following proper notice as outlined in U.C.A. § 10-9a-205. Upon receiving a recommendation from the Planning Commission, the application will be scheduled for a public hearing. Following the public hearing, the application will be scheduled for review by the Town Council at the next available meeting(s), following proper notice as outlined in U.C.A. § 10-9a-202. Following approval from the Town Council, the property will be rezoned on the official town zoning map, and the property owner will be required to comply with any and all regulations applicable within the zoning classification to which the property is rezoned.

      (3)   Requirements for approval. In order to grant an approval for the rezoning of property, the Planning Commission and Town Council must find that:

         (a)   The rezoning conforms to the intent of the town’s general plan and annexation policy plan;

         (b)   The rezoning will not adversely affect surrounding properties; and

         (c)   The rezoning will not cause property, structures or uses of the property to unnecessarily become nonconforming according to this chapter.

      (4)   Corrective measures. No rezoning shall be permitted as a corrective measure for a property, use or structure on a property which is found to be in violation of any provision of this chapter by the Building Official, Zoning Administrator or other authorized officer.

      (5)   Resubmission. No application for rezoning which receives a denial from the Town Council shall be permitted to resubmit the same application for a period of not less than 12 months from the date of denial unless the applicant(s) can provide documentation of information or facts that were not available at the time of review of the original application.

(Prior Code, § 10.11.60)

   (A)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

      ACCESSORY DWELLING UNIT (ADU). A secondary, self-contained residential unit located on the same lot as a primary residence. An ADU provides independent living facilities, including areas for sleeping, cooking and sanitation, but remains subordinate to the main dwelling.

      ACCESSORY STRUCTURE. An accessory structure is a detached, subordinate building or structure located on the same lot as the primary residence or principal use. It is used for purposes incidental and customarily subordinate to the main building or land use. An ACCESSORY STRUCTURE is not a dwelling unit and may not be used for permanent human habitation.

      AGRICULTURE. The use of land for cultivating crops, raising livestock and other agricultural operations.

      ANIMAL HUSBANDRY. The practice of breeding, raising and caring for animals for agricultural, commercial or scientific purposes. This includes livestock such as cattle, sheep, goats, pigs, poultry and other domesticated farm animals. ANIMAL HUSBANDRY activities must comply with local zoning regulations, environmental standards and best practices for animal welfare, waste management and noise control.

      CHARTER SCHOOL. A publicly funded, independently operated school that is granted flexibility in its curriculum and management. (Examples: Schools specializing in STEM, arts, language immersion or alternative learning models within the public school system.) CHARTER SCHOOLS are:

         (a)   Free to attend but operate independently from traditional public school districts;

         (b)   Governed by a charter (contract) approved by the state or a local school board;

         (c)   Allowed more autonomy in curriculum, teaching methods and staffing, but must meet performance benchmarks; and

         (d)   Open to all students, but enrollment may be limited based on a lottery system if demand exceeds capacity.

      CHILD CARE CENTER (EIGHT CHILDREN OR LESS). A home based facility providing care and supervision for up to eight children.

      CORRELATED COLOR TEMPERATURE (CCT). A measure of the color appearance of light, expressed in Kelvin (K).

      FARM ANIMALS. Domesticated animals raised for agricultural purposes, including, but not limited to, cattle, horses, sheep, goats, pigs and poultry.

      FIXTURE HEIGHT. The vertical distance from the ground to the lowest point of the light fixture.

      FOOT-CANDLE. A unit of measure for light intensity, representing one lumen per square foot.

      FULL-CUTOFF FIXTURE. A lighting fixture designed to emit no light above the horizontal plane.

      GLARE. Excessive brightness that causes visual discomfort or reduced visibility.

      HOME BASED BUSINESS. A business operated from a residential property, subject to conditions and limitations to maintain the residential character of the neighborhood.

      HOUSEHOLD PETS. Domesticated animals typically kept for companionship, such as dogs, cats, rabbits and similar non-livestock animals.

      ILLUMINATING ENGINEERING SOCIETY OF NORTH AMERICA (IESNA). A recognized authority on lighting recommendations and best practices.

      LIGHT TRESPASS. Light that extends beyond property boundaries, causing unwanted illumination.

      LUMENS. A measure of the total quantity of visible light emitted by a source.

      MANUFACTURED HOME. A pre-fabricated structure built on a permanent chassis and transported to its site, meeting federal HUD standards.

      MOBILE BUSINESS. A business without a fixed location that operates within the town on a temporary basis.

      MODULAR HOME. A pre-fabricated building constructed in sections at a factory and assembled on-site, meeting State Building Codes.

      OUTDOOR RECREATION (PARK/PLAY). Open areas intended for recreational use, such as parks, playgrounds and sports fields.

      PRIVATE SCHOOL. An independent educational institution that operates without direct government funding. (Examples: religious schools, preparatory academies or independent schools that charge tuition.) PRIVATE SCHOOLS are:

         (a)   Funded through tuition, donations and endowments rather than public tax dollars;

         (b)   Allowed to set their own curriculum and admission policies, though they must still meet state education standards;

         (c)   Often affiliated with religious organizations or specific educational philosophies (e.g., Montessori, Catholic or preparatory schools); and

         (d)   Selective in admissions, meaning enrollment is not guaranteed to all students.

      PUBLIC RIGHTS-OF-WAY. An area designated for public transportation or utilities, including streets, sidewalks and utility lines.

      PUBLIC SCHOOL. A government-funded educational institution that provides free education to all students within a designated district. (Examples: elementary, middle and high schools operated by the town’s local school district.) PUBLIC SCHOOLS are:

         (a)   Operated by state or local school districts and funded primarily through tax revenues;

         (b)   Required to follow state curriculum standards, teacher certification requirements and standardized testing;

         (c)   Open to all students residing within the district; and

         (d)   Governed by a school board and overseen by the State Board of Education.

      PUBLIC UTILITY STATION. A facility for public utilities such as electrical substations, water treatment plants or telecommunication equipment (excluding sewer treatment).

      QUASI-PUBLIC SCHOOL. A privately run educational institution serving the community in a capacity similar to public schools.

      SHIELDED LIGHTING. Fixtures designed to direct light downward and prevent glare or uplighting.

      SPECIAL EVENT VENDOR. A business or individual participating in a single-event marketplace, such as fairs or town-sponsored events, which requires temporary licensing.

      STABLE. A facility or structure used for housing, breeding and caring for horses or other livestock. This may include boarding stables, riding schools or private equestrian facilities.

      TEMPORARY BUSINESS. A business operating in the town for a limited duration, typically associated with seasonal events, festivals or short-term commercial activities.

      TEMPORARY BUSINESS LICENSE. A special permit issued for businesses that do not operate year-round and are subject to different requirements and fees than standard business licenses.

      UPLIGHTING. Any light fixture that directs illumination upwards, typically used for aesthetic purposes.

      WATER RIGHTS. The legal entitlement of individuals, organizations or governments to use water from a specific source, such as a river, lake, stream, groundwater or other bodies of water. These rights determine who can use water, how much they can use, when they can use it and for what purposes, such as irrigation, industrial use or household consumption.

   (B)   Purpose.

      (1)   Purpose. To maintain rural agricultural and residential areas with low-density development while preserving the community’s rural character. These zones accommodate a range of lot sizes from one to 40 acres, allowing flexibility for agricultural and residential uses.

      (2)   Zone classifications. This section applies to the following Agricultural Residential Zones:

         (a)   AR-1: minimum lot size of one acre;

         (b)   AR-5: minimum lot size of five acres;

         (c)   AR-10: minimum lot size of ten acres; and

         (d)   AR-40: minimum lot size of 40 acres.

   (C)   Land use table. The table below defines permitted and special uses within the AR-1, AR-5, AR-10, AR-40 Zone. Uses not listed are prohibited.

 

   (D)   Area requirements.

      (1)   All developments must comply with parking, landscaping, utilities and site plan regulations.

      (2)   A master site plan, including stormwater retention plans, is required for all developments.

      (3)   All development in this zone must connect to the town’s culinary water system unless necessary for a type of business.

      (4)   All developments must secure and transfer the required water rights to the town before a building permit is issued, ensuring adequate water resources for sustainable growth.

      (5)   The owner must demonstrate sufficient water rights to meet demand before receiving development approval.

      (6)   All developments must undergo a septic feasibility study through the County Health Department before any approvals are granted.

      (7)   Septic system approval is required prior to issuing any permits for buildings, subdivisions or complexes. Businesses generating high wastewater volumes may be restricted based on septic system limitations.

      (8)   All roadway, drainage, construction and infrastructure improvements must comply with the most current APWA (American Public Works Association) standards as adopted by the town.

   (E)   Setbacks, building height, lot size, frontage, parking.

 

   (F)   Development standards.

      (1)   Building design and appearance.

         (a)   Primary structures. Must complement the rural character of the area. Exterior materials such as wood, stone and natural finishes are encouraged. Highly reflective or modern materials are discouraged;

         (b)   Accessory structures. Must comply with § 154.084 and match or complement the primary building; and

         (c)   Landscaping requirements.

            1.   All yards visible to the public must have an area the same size as the square footage of the home that is improved, groomed and maintained;

            2.   Natural vegetation should be preserved where possible; and

            3.   Water-wise landscaping, including native plants and xeriscaping, is encouraged.

      (2)   Fencing standards. Fences on residential lots must not obstruct road visibility for drivers and must comply with the following height limits:

         (a)   Front yards. Maximum height of four feet, ensuring clear sightlines for traffic and pedestrians;

         (b)   Side and rear yards. Maximum height of six feet, ensuring clear sightlines for traffic and pedestrians;

         (c)   Farm use exception. Agricultural fencing necessary for livestock containment or crop protection may exceed these limits, provided it does not impair road visibility or create a traffic hazard;

         (d)   Barbed wire and electric fences. Allowed only for agricultural purposes; and

         (e)   Animal enclosures. Must be secure and well-maintained.

      (3)   Animal husbandry/farm animal standards.

         (a)   Proper animal husbandry practices. All farm animals kept within the town must be maintained in a humane and responsible manner. Owners are required to:

            1.   Provide adequate food, water and shelter appropriate for the species;

            2.   Maintain clean and sanitary living conditions that prevent disease and odor issues;

            3.   Ensure that enclosures, fences and pastures are appropriately sized and well-maintained for animal health and safety; and

            4.   Prevent excessive noise, nuisances or environmental damage caused by improper livestock management.

         (b)   Compliance with water rights for livestock use.

            1.   All livestock and farm animals must be provided with sufficient water in compliance with state water rights laws;

            2.   Water usage for animals must be within the approved water rights allocations associated with the property;

            3.   Any livestock watering beyond standard residential water allotments must be supported by appropriate stock watering rights or additional water sources; and

            4.   Unauthorized diversion or excessive use of water beyond permitted rights is prohibited.

         (c)   Limits on farm animals per acre. To ensure sustainable land use and responsible animal management, farm animal allowances shall follow animal unit guidelines based on property size:

            1.   One acre or less: up to three animal units;

            2.   Two to five acres: up to six animal units; and

            3.   More than five acres: subject to agricultural zoning regulations.

 

 

         (d)   Enforcement and compliance. Violations of this standard, including neglect of animals or unauthorized water use, may result in penalties or corrective actions as determined by the town. Property owners must demonstrate compliance upon request by town officials or water authorities.

      (4)   Outdoor lighting standards.

         (a)   Lighting must be downward-directed and shielded to prevent light pollution.

         (b)   No light should spill onto adjacent properties.

         (c)   Motion-activated security lighting is encouraged.

         (d)   Must follow the town’s lighting ordinance.

      (5)   Parking standards.

         (a)   Residential lot. A minimum of two off-street parking spaces per dwelling unit;

         (b)   Accessory structures used for home based businesses. Must provide additional parking; and

         (c)   Agricultural vehicles and trailers. Must not block public rights-of-way.

      (6)   Road and access requirements.

         (a)   All new developments must have direct access to a public road that meets town standards.

         (b)   In AR-40 Zones, shared driveways may be permitted with Planning Commission approval.

      (7)   Renewable energy system standards.

         (a)   Residential solar panels.

            1.   Roof-mounted solar panels are permitted on all homes.

            2.   Ground-mounted systems must comply with accessory structure setbacks and must not exceed ten feet in height.

      (8)   Compliance and enforcement.

         (a)   Special uses are subject to periodic inspections.

         (b)   Violations may result in fines, suspension or revocation of the special use authorization.

(Ord. 2025-02, passed 1-19-2025) Penalty, see § 154.999

   (A)   Purpose. The purpose of this chapter is to regulate light industrial development in the town while ensuring compatibility with adjacent residential and commercial areas. This zone allows industrial and commercial uses that do not require intensive land coverage, generate excessive traffic or create noise, glare, dust or odors that negatively impact surrounding properties.

   (B)   Land use table. The table below defines permitted and special uses within the industrial zone. Uses not listed are prohibited.

 

   (B)   Area requirements.

      (1)   One-acre minimum property size required.

      (2)   All developments must comply with parking, landscaping, utilities and site plan regulations.

      (3)   A master site plan, including stormwater retention plans, is required for all developments.

      (4)   All development in this zone must connect to the town’s culinary water system unless necessary for a specific type of business based on the need for untreated water.

      (5)   All developments must secure and transfer the required water shares to the town before a building permit is issued, ensuring adequate water resources for sustainable growth.

      (6)   Developers of industrial, business complexes or subdivisions must demonstrate sufficient water shares to meet demand before receiving development approval.

      (7)   All developments must undergo a septic feasibility study through the County Health Department before any approvals are granted.

      (8)   Septic system approval is required prior to issuing any permits for buildings, subdivisions or complexes. Businesses generating high wastewater volumes may be restricted based on septic system limitations.

      (9)   All roadway, drainage, construction and infrastructure improvements must comply with the most current APWA (American Public Works Association) standards as adopted by the town.

   (C)   Setback requirements.

 

   (D)   Maximum building height.

      (1)   Buildings shall not exceed 35 feet in height unless approved by the Planning Commission. The Planning Commission may approve an increase in building height up to a maximum of 50 feet through the site plan or conditional use permit review process, provided all of the following criteria are met.

         (a)   Compatibility. The increased height is compatible with surrounding land uses in terms of scale, character and function.

         (b)   Adverse impacts. The increased height will not create significant adverse impacts related to noise, light, glare, traffic or privacy for nearby properties.

         (c)   Design mitigation. The building design incorporates features such as step-backs, architectural articulation, landscaping or other techniques to minimize the visual impacts of the additional height.

         (d)   Proximity to residential uses. The portion of the building exceeding 35 feet in height is not located adjacent to any property with an existing residential use.

      (2)   Flagpoles are permitted to a maximum height of 35 feet; however, the Planning Commission may approve a greater height, not to exceed 120 feet, with all flagpoles required to comply with applicable building and safety codes.

   (E)   Development standards.

      (1)   Screening requirements.

         (a)   See § 154.186 for additional requirements.

         (b)   A minimum six-foot-high barrier fence, landscaping or solid wall shall be required to screen industrial lots abutting residential or commercial properties.

         (c)   Additional screening may be required by the Planning Commission based on the location and nature of the industrial operation.

      (2)   Waste and trash storage.

         (a)   No solid waste, wrecked or abandoned vehicles, or wrecked or abandoned equipment shall be stored in an open area.

         (b)   Garbage dumpsters shall be located out of sight from public roads and screened with fencing or landscaping.

      (3)   Outdoor storage.

         (a)   Any outdoor storage of materials or equipment must be screened from public view, adjacent properties and rights-of-way. Screening may include walls, fences, hedges, berms or a combination thereof. Screening materials should be durable and aesthetically compatible with the surrounding area.

         (b)   Storage areas must be paved or stabilized to minimize dust and environmental impact.

         (c)   Materials shall not be stacked higher than 16 feet.

      (4)   Noise, odor and vibration control.

         (a)   Industrial activities shall not produce noise levels exceeding the town’s noise ordinance limits at the property boundary.

         (b)   Odor mitigation plans may be required for operations producing emissions. Vibrations must remain below thresholds that could negatively impact or be perceptible to neighboring properties.

         (c)   No use or operations shall create or permit vibrations that are perceptible without instruments at the property line of the site. Vibrations that are intermittent, continuous or recurring and that cause the nuisance or potential harm to neighboring properties, structures or occupants are prohibited.

      (5)   Lighting and signage.

         (a)   Outdoor lighting shall comply with the town’s dark sky ordinance to minimize light pollution.

         (b)   Signage must comply with the town’s sign ordinance, §§ 154.240 to 154.247.

         (c)   No flashing, animated or excessively bright signs are permitted.

      (6)   Utility, infrastructure and stormwater requirements.

         (a)   All developments must comply with APWA infrastructure standards.

         (b)   Stormwater management plans must be submitted and approved prior to permitting.

         (c)   Businesses must provide a septic feasibility study approved by the County Health Department to demonstrate adequate wastewater management.

         (d)   All lot frontage must have dedicated roads and easements in place before approval of an application to ensure legal access and compliance with APWA standards.

         (e)   All electrical service drops, utility lines and communication lines are required to be underground.

         (f)   Propane tank position must meet NFPA standards. Ten feet away from structures and fences, and propane tanks greater than 1,000 gallons must be 25 feet away from any structure or fence.

(Prior Code, § 10.11.200) (Ord. 2025-03, passed 3-19-2025)

   (A)   Purpose. The purpose of the Light Industrial East Zone is to create a zone which:

      (1)   Allows for a compatible mixture of commercial and light industrial uses. Establishments that are served by streets, power, water, sewage and other utilities or facilities, or where such facilities can be readily provided, which do not require intensive land coverage, generate large volumes of traffic or create obnoxious sounds, glare, dust or odors; and

      (2)   Includes areas which are well adapted to industrial development, but proximity to residential or business zones makes it desirable to limit the manner and extent of industrial operations.

   (B)   Area requirements. Lots or parcels in the Light Industrial East Zone shall be of sufficient size to assure compliance with the town parking, landscaping, utilities, site plan and other land development regulations that may govern all or a portion of each project.

   (C)   Master site plan required. All developments in this zone are required to submit a master site plan that includes maps and descriptions of construction, landscaping, Health Department requirements and uses.

   (D)   Stormwater. All stormwater must be retained on-site in accordance with an engineered plan.

   (E)   Minimum lot size/municipal water requirement. A ten-acre minimum lot size is required for any lot not connected to an approved municipal culinary water system.

   (F)   Frontage requirement. For adequate access by emergency vehicles and local occupants, the frontage of each lot shall be a minimum of 165 feet and shall abut an official state, county or town road which has been paved under the direction of the unit governments having jurisdiction, and from which frontage gains vehicle and pedestrian access exclusively and entirely across the subject lot.

   (G)   Setback requirements. The following setback requirements are intended to describe the amount of space required between buildings and property lines. All buildings in this Light Industrial East Zone, including accessory buildings, are required to maintain a minimum distance from property lines as set forth below. Conditional uses may require greater setbacks so as to prevent a nuisance or safety issue as determined by the Town Council:

      (1)   Front setbacks. Will be determined by the size of the building, landscape and parking requirements;

      (2)   Side and rear setbacks.

         (a)   Minimum of 20 feet from the parcel property line; and

         (b)   Additional lot setbacks will be determined by fire and building codes.

      (3)   Setback variances. the Town Council, in consideration of a prior recommendation by the Planning Commission, may increase or decrease the setbacks if, in its judgment, the need for change meets at least two or more of the following criteria:

         (a)   Does not interfere with the use, enjoyment and character of adjacent properties;

         (b)   The success of the business necessitates a specific setback, proven by data or research;

         (c)   Additional setback is not solely to provide space for parking between the building and the street; and

         (d)   Topography or natural features make it impossible or impracticable to place the building within the setback.

      (4)   Setbacks for accessory structures.

         (a)   Minimum of six feet from the parcel property line;

         (b)   Additional setbacks will be determined by fire and building codes;

         (c)   Accessory structure square footage shall not exceed that of the primary building; and

         (d)   Accessory structures may require a building permit.

   (H)   Building height. No building or structure in this zone shall be over two stories with a 35 feet maximum height, except for electrical transmission towers, substations and any ancillary equipment for transmission towers, lines or substations, which shall not exceed 175 feet in height.

   (I)   Nuisance ordinance/code compliance. The yards around buildings shall be kept in compliance with the Town Nuisance Code.

   (J)   Zone development standards. The following development standards shall apply to the Light Industrial East Zone.

      (1)   The Planning Commission shall review the site plan and building elevations.

      (2)   The Planning Commission shall confirm compliance with architectural design standards for buildings and structures to assure compliance with the general plan and with the town’s generally applicable policies and regulations.

      (3)   For screening requirements, see § 154.186(L) of this chapter.

      (4)   (a)   No solid waste, wrecked or abandoned vehicles or wrecked or abandoned equipment shall be stored in an open area.

         (b)   All wrecked or abandoned vehicles or wrecked or abandoned equipment shall be kept fully screened on all sides. Garbage dumpsters shall be located out of sight and away from roads.

      (5)   No trash, wrecked or abandoned vehicles or wrecked equipment shall be stored in an open area. All such materials shall be kept within a fully enclosed building. Garbage dumpsters shall be located out of sight and away from roads.

   (K)   Permitted uses. The following land uses shall be permitted uses in the Light Industrial East Zone. Any use not specifically permitted in this chapter shall be prohibited:

      (1)   Accessory structure;

      (2)   Agriculture industry;

      (3)   Agriculture;

      (4)   Autos, trucks or RV sales and rentals;

      (5)   Automotive body/paint repair establishments;

      (6)   Automotive repair establishments;

      (7)   Auto self-serve stations;

      (8)   Auto service stations;

      (9)   Convenience stores;

      (10)   Farm animals;

      (11)   Farm equipment sales;

      (12)   Fireworks sales/stands;

      (13)   Gas stations;

      (14)   Nurseries;

      (15)   Pawn shops;

      (16)   Public services;

      (17)   Public utility stations with sewer;

      (18)   Repair services, small appliance;

      (19)   Schools, private and quasi-public;

      (20)   Small engine repair;

      (21)   Stables;

      (22)   Telecommunications facilities less than 35 feet in height;

      (23)   Warehouse storage units, commercial only; and

      (24)   Welding machine shops.

   (L)   Conditional uses. The following land uses are conditional uses in the Light Industrial East Zone. Standards for conditional use can be found in §§ 154.180 to 154.188 and 154.200 to 154.210 of this chapter:

      (1)   Adult-oriented businesses;

      (2)   Caretaker dwellings (non-farm uses);

      (3)   Self-storage and RV, boat or vehicle storage;

      (4)   Special event use;

      (5)   Temporary and special event permits;

      (6)   Other requirements, bounce houses;

      (7)   Industrial outdoor storage;

      (8)   Solar plant–large. A solar plant–large may be approved upon the following conditions:

         (a)   A maximum of 300 acres in the Light Industrial East Zone can be used for solar power;

         (b)   The town shall have 60 days after receiving an application to complete the solar ordinance;

         (c)   The town shall not approve the building of a solar plant–large until the applicant can prove they have purchasers for the power they produce;

         (d)   Solar plant–large uses shall abide by all applicable sections of this code; and

         (e)   Additional conditions can be found in § 154.208 of this chapter.

      (9)   Battery energy storage systems.

   (M)   Junk yards. Junk yards are prohibited.

(Prior Code, § 10.11.210) (Ord. 03142023-2, passed 3-14-2023; Ord. 12122023-2, passed 12-12-2023; Ord. 2024-01, passed 4-11-2024; Ord. 2025-01, passed 1-19-2025)

   (A)   Purpose. The purpose of the Commercial Overlay Zone is to provide for commercial businesses, professional offices and shopping centers that will serve neighborhood, community and regional shopping demands while also providing other commercial opportunities which are reasonably separated or buffered from residential development, but allow residential development within the Commercial Overlay Zone.

   (B)   Prohibited uses. Any use not specifically permitted in this chapter shall be prohibited.

   (C)   Commercial overlay area. Starting at the southwest boundary of the town running parallel with and adjoining to Highway 73, the width of 300 feet on each adjacent side, starting at the property owners’ boundary line to the end point of the town’s northern boundary line. If a parcel of land has been declared commercial, it can no longer be used as residential.

   (D)   Area requirements. Lots or parcels in the Commercial Overlay Zone shall be of sufficient size to assure compliance with the town parking, landscaping, utilities, site plan and other land development regulations that may govern all or a portion of each project.

   (E)   Master site plan required. All developments in this zone are required to submit a master site plan that includes maps and descriptions of construction, landscaping, Health Department requirements and uses.

   (F)   Stormwater. All stormwater must be retained on-site in accordance with an engineered plan.

   (G)   Garbage. The yards around buildings shall be kept in compliance with the Town Nuisance Code.

   (H)   Minimum lot size/water requirement. A ten-acre minimum lot size is required for any lot not connected to an approved municipal culinary water system.

   (I)   Frontage requirement. For adequate access by emergency vehicles and local occupants, the frontage of each lot shall be a minimum of 165 feet and shall abut an official state, county or town road which has been paved under the direction of the unit government having jurisdiction, and from which frontage gains vehicle and pedestrian access exclusively and entirely across the subject lot.

   (J)   Setback requirements. The following setback requirements are intended to describe the amount of space required between buildings and property lines. All buildings in this Commercial Overlay Zone, including accessory buildings, are required to maintain a minimum distance from property lines as set forth below. Conditional uses may require greater setbacks so as to prevent a nuisance as determined by the Town Council:

      (1)   Front setbacks. Will be determined by the size of building, landscape and parking requirements. The Town Council, in consideration of a prior recommendation by the Planning Commission, may increase or decrease this if, in its judgment, the changes comply with the following:

         (a)   Does not interfere with the use, enjoyment and character of adjacent properties;

         (b)   The success of the business necessitates a specific setback, proven by data or research;

         (c)   Additional setback is not solely to provide space for parking between the building and the street; and

         (d)   Topography or natural features make it impossible or impracticable to place the building within the setback.

      (2)   Side and rear setbacks.

         (a)   Minimum of ten feet; and

         (b)   The Town Council, in consideration of a prior recommendation by the Planning Commission, may increase or decrease this if, in its judgment, the changes comply with the following:

            1.   Does not interfere with the use, enjoyment and character of adjacent properties;

            2.   The success of the business necessitates a specific setback, proven by data or research;

            3.   Additional setback is not solely to provide space for parking between the building and the street; and

            4.   Topography or natural features make it impossible or impracticable to place the building within the setback.

      (3)   Other general setback requirements. In addition to the specific setback requirements noted above:

         (a)   No building shall be closer than ten feet to any neighboring private road or driveway; and

         (b)   Exceptions may be made for any part of the building that may contain an approved drive-up window.

      (4)   Setbacks for accessory building.

         (a)   Minimum of six feet from the parcel property line; and

         (b)   Additional setbacks will be determined by fire and building codes.

   (K)   UDOT requirements. Any building lot adjacent to any state road must comply with all UDOT requirements. Applicants will contact the Region 3 permitting office to schedule a pre-application coordination meeting before applying for a permit Additional information can be found online at www.udot.utah.gov, “Doing Business,” UDOT permits.

   (L)   Building height. No building in this zone shall be over two stories, with a maximum height restriction of 45 feet.

   (M)   Permitted, special and conditional uses.

      (1)   The purpose of this division (M) is to provide supplemental land use provisions that apply to permitted, conditional and special uses in the Commercial Overlay Zone which are designed to protect and preserve the general health, safety and welfare of the public.

      (2)   In addition to the standards included in this chapter, all other chapters of this code shall apply to the uses as applicable, including, but not limited to, §§ 154.060 to 154.088 of this chapter, Qualifying Regulations and Procedures; §§ 154.260 to 154.265 of this chapter, Parking; Chapter 153 of this code, Outdoor Lighting Standards; §§ 154.225 to 154.229 of this chapter, Landscape Requirements; §§ 154.240 to 154.247 of this chapter, Signs; and site plan reviews.

      (3)   Where any provision of federal, state, county or town statutes, codes or laws conflicts with any provision of this chapter, the most restrictive shall govern unless enforcement will result in a violation of the federal, state, county or town statutes, codes or laws.

      (4)   (a)   There are three types of uses allowed in the Commercial Overlay Zone:

            1.   P = Permitted. Permitted uses may still require approval through an application process as detailed in this chapter and other chapters;

            2.   S = Special. Special uses are permitted uses that must also comply with the standards listed in division (N) below that are specific to that type of use; and

            3.   C = Conditional. Conditional uses are permitted uses that must also comply with the standards listed in that are specific to that type of use.

         (b)   Uses that are not listed in the above categories are prohibited.

      (5)   Permitted uses allowed in the Commercial Overlay Zone are:

         (a)   Accessory structures;

         (b)   Convenience stores, sale of goods;

         (c)   Farm equipment sales;

         (d)   Landscaping, plant and tree nurseries or landscape materials;

         (e)   Warehouse spaces with offices; and

         (f)   Fitness facilities.

      (6)   Special uses allowed in the Commercial Overlay Zone are:

         (a)   Automobile detailing;

         (b)   Vehicle restoration, auto body fabrication;

         (c)   Minor (fewer than 30) automobile service and car sales;

         (d)   Light manufacturing, assembly and retail sales;

         (e)   Truck and equipment service;

         (f)   Equipment sales;

         (g)   Funeral homes, mortuary services;

         (h)   Pet grooming/animal care services;

         (i)   Small engine repair;

         (j)   General sales, service and merchandise;

         (k)   Printing and lithography;

         (l)   Publishing services;

         (m)   Car wash facilities; and

         (n)   Auto fueling.

      (7)   Conditional uses allowed in the Commercial Overlay Zone are: There are no conditional uses allowed in the Commercial Overlay Zone at this time.

   (N)   Standards for special uses.

      (1)   Minor automobile service and car sales, automobile detailing, vehicle restoration and auto body fabrication operations (less than 30 vehicles) may be permitted only where:

         (a)   They will not be a nuisance to residences and other surrounding uses;

         (b)   Automobile displays are subject to the following restrictions:

            1.   Display areas shall not be permitted in rights-of-way, walkways, sidewalks, park strips and required landscape buffers;

            2.   Display areas shall be designated through the site plan approval process;

            3.   Display areas shall be of concrete, asphalt or another improved and maintained surface;

            4.   Display areas shall not occupy more spaces than allotted for the leased unit allowed in that zone. Tenants shall leave at least 25% vacant for customer/employee parking;

            5.   Display areas shall comply with the clear vision triangle setbacks;

            6.   Vehicles in the display area shall not exceed a maximum height of 12 feet, such height including both the vehicle and display surface as measured from the height of the nearest sidewalk to the highest point of the vehicle; and

            7.   Truck sales and service shall be limited to not more than five stored on-site at any given time.

         (c)   Operating conditions are as follows.

            1.   Operations shall not cause traffic hazards or undue traffic congestion. This includes all loading and unloading of vehicles, which shall occur on-site or within a designated area off-site which prevents unsafe interaction with traffic.

            2.   The spray painting of vehicles shall not be conducted outside. The spray painting of parts shall occur inside a fully enclosed building.

            3.   Accessory sales activities (i.e., tires, parts, seat covers, floor mats, window tinting, sound systems and the like) shall only be inside a fully enclosed building.

            4.   Temporary canopy tents shall not be permitted when the tents are visible from the street except for special events associated with the subject business. Such events shall not be permitted for more than three days.

            5.   All signage shall conform to the standards in §§ 154.240 to 154.247 of this chapter, and sign location shall be reviewed along with sign application and permit approval. All business signs require submittal and approval of a sign permit application.

            6.   Junk yards, automobile dismantling activities or storage of inoperable vehicles past a reasonable time frame for repairs shall not be conducted or permitted.

            7.   Automobiles which are being repaired shall be stored behind a wall or opaque screening.

      (2)   Automobile gas/service stations and/or car wash operations may be permitted only where:

         (a)   They will not be a nuisance to residences and other surrounding uses;

         (b)   They will not cause traffic hazards or undue traffic congestion;

         (c)   An automobile gas/service station or a freestanding car wash site area will have a minimum of a 15,000-square foot parcel. The lot frontage, if located on an arterial or collector street, shall not be less than 125 feet;

         (d)   Automobile gas/service stations or car wash operations with gasoline pumps will have buildings of the type of construction as defined in the International Building Code, and are to be located at a distance of not less than 25 feet from property or building setback lines;

         (e)   Gasoline pumps and pump islands for car wash operations or gas/service stations shall have a canopy, and the setback (measured from the edge of the canopy) shall be not less than 25 feet from any property lines or shall be in conformity with the building setback lines of the zoning district, whichever is greater;

         (f)   Driveway design and spacing for automobile gas/service stations or car wash operations shall be reviewed by the Town Engineer, whose recommendation will be forwarded to the Planning Commission;

         (g)   The minimum closest distance from the gas vents at an automobile gas/service station or car wash with gas pumps site to the property line of an existing residence, school, park, playground, museum or place of public assembly will be not less than 200 feet; and

         (h)   No outdoor storage of rental trucks or trailers, stacks of tires or other merchandise will be conducted by the automobile gas/service station or car wash operation except when such equipment or merchandise is screened by an approved opaque fence not less than six feet in height.

      (3)   Plant and tree nurseries and garden centers may be permitted only where: any associated outdoor sales, display and storage of products or equipment must comply with division (N)(4) below.

      (4)   Outdoor sales and display may be permitted only where the use will not be a nuisance to residences and other surrounding uses.

         (a)   For the purposes of this section, OUTDOOR SALES AND DISPLAY includes the outdoor storage of materials, products and equipment incidental to an allowed use which are not accessible to the public and set apart from the outdoor sales and display.

         (b)   All outdoor sales and display areas shall not be located within a required setback, area of required landscaping, area of required parking or area of pedestrian or vehicle access and flow.

         (c)   All outdoor sales and display areas shall be clearly defined on the approved site plan and will be limited to these areas.

         (d)   The outdoor sales and display area shall not include the use of banners, pennants or strings of pennants.

         (e)   All outdoor storage shall require the following screening regulations.

            1.   A masonry wall or solid/opaque fencing shall be required to screen all open storage areas from view of a street.

            2.   A solid/opaque fence, screening barrier or wall shall be required along the side and rear property lines to screen areas of open storage, up to and including any gate.

            3.   Fences used to screen open storage shall not be less than six feet high. Fences greater than six feet high may be approved as part of a site plan upon a finding that increased height for screening is necessary to reduce impacts to surrounding properties.

            4.   Materials, products and equipment within 20 feet of the fence may not be stored higher than the fence.

      (5)   Pet grooming and animal care services may be permitted only where:

         (a)   The use will not be a nuisance to residences and other surrounding uses;

         (b)   Any outdoor space used for waiting or care is fully screened; and

         (c)   The overnight keeping of animals is allowed only for treatment purposes. Overnight boarding is strictly prohibited.

(Prior Code, § 10.11.225) (Ord. 2024-03, passed 5-9-2024)

   (A)   Prohibited uses. Any use not specifically permitted in this chapter shall be prohibited.

   (B)   Permitted uses. There are none.

   (C)   Conditional uses.

      (1)   One sanitary landfill shall be allowed in the Heavy Industrial Zone, subject to conditions set by the town upon consideration of an application by owners and operators.

      (2)   The Town Council shall be considered the land use authority and shall approve all uses and permits.

(Prior Code, § 10.11.250)

   (A)   Title. This zone is known as the “Airpark Mixed-Use Zone” or AMUZ.

   (B)   Legislative findings, purpose and intent.

      (1)   The Town Council finds it is in the interest of the residents of the town, and is the purpose of this zone, to:

         (a)   Support aviation-related activities with mixed-use development in a manner that is compatible with the airpark/airport and the surrounding community;

         (b)   Protect public health, safety and welfare by reducing land use conflicts and safeguarding airpark/airport operations;

         (c)   Ensure property rights are recognized and respected;

         (d)   Encourage aviation activity and related economic opportunities while maintaining the town’s rural character; and

         (e)   Preserve the town’s land-use authority role while recognizing the FAA’s jurisdiction over airspace.

      (2)   The intent of the Town Council that the provisions of this zone be interpreted to promote these purposes.

   (C)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

      AC. An advisory circular issued by the FAA.

      ACCESSORY STRUCTURE. A subordinate building or structure on the same lot as a principal use, which is incidental and related to the principal building or use. Examples include utility enclosures, maintenance sheds or small storage buildings that are aviation related. No accessory dwelling units are permitted within the AMUZ.

      AIRCRAFT CONSTRUCTION. The fabrication, assembly or substantial modification of an aircraft or aircraft components, including airframes, avionics and structural elements. The term includes testing and inspection activities incidental to existing aircraft.

      AIRCRAFT (MANNED). As defined in 14 C.F.R. § 1.1.

      AIRCRAFT PARKING. Designated outdoor or indoor areas for the temporary or long-term parking of small or ultralight aircraft, where aircraft are secured using tie-downs, chocks or mooring systems.

      AIRCRAFT, SMALL. As defined in 14 C.F.R. § 1.1.

      AIRCRAFT (UNMANNED) or DRONE. As defined in 14 C.F.R. § 1.1.

      AIRFRAME REPAIR AND PAINTING. The maintenance, restoration or cosmetic finishing of aircraft fuselage, wings, stabilizers and other structural components, including paint, coatings and corrosion control.

      AIRPARK. A privately owned aviation-oriented development serving aircraft owned or operated by residents, tenants or approved users of the development. An AIRPARK is not open to the general public and does not function as an airport or regional aviation facility.

      AIRPARK, SMALL. An airport that has as a runway less than 5,000 feet, less than 10,000 operations per year, visual approaches only, and aircraft weighing no more than 12,500 pounds maximum certified takeoff weight.

      AIRPARK TRAFFIC PATTERNS AND ALTITUDES. Published procedures describing standard aircraft arrival and departure routes, pattern altitudes and no-fly zones over sensitive areas.

      AIRPORT.

         (a)   An aviation facility that:

            1.   Is approved by the town for operation as a public-use airport; and

            2.   Meets applicable federal definitions and requirements for an airport.

         (b)   But does not include any aviation facility that:

            1.   Has received grants under 49 U.S.C., Subtitle VII, Chapter 471, Part B (Airport Development); or

            2.   Has “regularly scheduled flights of aircraft” within the meaning of 49 U.S.C. § 44718(d)(1).

      AIRPORT EMERGENCY PLAN. A written emergency response and coordination plan approved by the town addressing aircraft incidents, fire response, fuel spills, wildlife hazards and public safety coordination.

      AIRPORT HAZARD AREA. Any area of land or water under the imaginary surfaces as defined in the airport overlay upon which an airport hazard might be established if not prevented as provided in these regulations.

      AIRPORT INFLUENCE AREA.

         (a)   As provided in the definition for AIRPORT INFLUENCE AREA found in U.C.A. Title 72, Chapter 10, Part 4, the Airport Zoning Act, as amended. For purposes of this chapter, compatibility within the AIRPORT INFLUENCE AREA shall be achieved through airport sponsor acquisition of necessary property interests, recorded avigation easements, RPZ control or other lawful land-control mechanisms approved by the town.

         (b)   Nothing in this definition shall be construed to require the town to regulate or restrict property outside the airport boundary on behalf of the airport sponsor.

      AIRPORT OVERLAY ZONE. A secondary zoning district as may be adopted by the Town Council above and around an airport designed to protect the public health, safety and welfare which protects property owner rights near an airport through compatible land use regulations as recommended by the Federal Aviation Administration; and protects aircraft occupant safety through protection of navigable airspace. Regulations imposed by the overlay zone are in addition to the primary zoning district land use regulation of property.

      AIRPORT/AIRPARK SPONSOR. Public agency, municipality or private owner holding legal and financial responsibility for a private or public use airpark/airport.

      AIR SCHOOL. As defined in U.C.A. § 72-10-102(12).

      AIR SCHOOL, PRIVATE. A for-profit or a nonprofit air school.

      AIR SCHOOL, PUBLIC. An air school operated by a public school district, university or government agency.

      AIRSIDE ACCESS. Security measures and protocols to regulate entry to areas of an airport where aircraft operations take place, including runways, taxiways, aprons, hangers and boarding areas.

      AVIATION FACILITY. Any land area, building, structure or improvement used or intended to be used for the landing, takeoff, movement, storage, servicing, maintenance, fueling or operation of aircraft. An AVIATION FACILITY includes runways, taxiways, aprons, hangars, tie-down areas, terminal buildings, fuel farms, navigation aids and any accessory uses necessary for the conduct of aviation activities.

      AVIATION OPERATOR. Any person, entity, partnership, corporation or association that owns, leases, manages or otherwise conducts aviation-related operations at an aviation facility, including, but not limited to, aircraft owners, flight schools, maintenance providers, charter services and fixed-base operators (FBOs). An AVIATION OPERATOR is responsible for compliance with applicable federal, state and local regulations governing aviation activity.

      AVIGATION EASEMENT. A legal right to access and permit unimpeded aircraft navigation and flights over property subject to the easement and includes the right to create or increase noise or other effects that may result from the lawful operation of aircraft; and it may provide for the removal or prevention of any obstruction to such overflight.

      BASED AIRCRAFT.

         (a)   An aircraft that is regularly housed, stored or maintained at the airpark or airport for the majority of a calendar year and for which the airpark/airport serves as the aircraft’s primary operating location. This includes aircraft kept in hangars, tie-downs, shelters or other storage areas on the property.

         (b)   An aircraft may be determined to be BASED by the town through FAA records, reporting by the airport sponsor, lease agreements, observable presence, maintenance records, utility usage or any other reasonably reliable evidence. Airpark/airport sponsor shall provide a courtesy copy of any FAA Form 5010 filed with the FAA.

      CARETAKER DWELLING. A residential unit located on the same parcel as a nonresidential use, intended for full-time occupancy by an individual or household responsible for the care, security or operation of the primary use or facility. CARETAKER DWELLINGS are accessory in nature and must be directly related to the ongoing maintenance or oversight of the property.

      CARGO SERVICE AIRPORT. An airport that is served by aircraft providing air transportation of only cargo with a total annual landed weight of more than 100,000,000 pounds. For the purpose of this definition, LANDED WEIGHT means the weight of aircraft transporting only cargo in intrastate, interstate and foreign air transportation.

      CONDITIONAL USE PERMIT (CUP). A permit issued pursuant to §§ 154.180 to 154.188 and consistent with U.C.A. § 10-20-506.

      CONTROLLED DEVELOPMENT ZONE. Restrictions on crops that attract birds, require buildings over 200 feet in height to register with the FAA, control lighting up to the sky and limit residential development.

      CREW REST FACILITY. A designated area within an airpark/airport hangar used exclusively for short-term rest and recuperation by flight crew members between flight operations. A CREW REST FACILITY may include basic accommodations such as seating or sleeping areas, a restroom and minimal kitchen amenities, but shall not be used or approved as a permanent residence. The facility must be accessory to and clearly subordinate to the primary aviation use of the hangar and may only be used by personnel directly associated with aircraft operations on-site.

      DAYTIME OPERATIONS. All aircraft activities and procedures, including takeoffs and landings, that occur between official sunrise and sunset, during periods when natural light provides sufficient visibility for safe operation without the use of runway lighting or navigational aids. These operations are limited to daylight hours and do not include night or low visibility operations.

      ENGINE REPAIR. The inspection, overhaul or servicing of aircraft engines or propulsion systems, including removal and installation, conducted in accordance with FAA-approved maintenance procedures.

      FAA. Federal Aviation Administration of the United States Department of Transportation.

      FLIGHT CONDITIONS. Operations are conducted under visual flight rules (VFR) only and are limited to daytime operations.

      FUEL DISPENSER. Fixed or mobile unit designed to transfer aviation fuel from a storage tank or fuel farm to an aircraft. A FUEL DISPENSER includes pumps, hoses, nozzles, meters, filters, grounding systems and associated safety equipment.

      FUEL FARM. Centralized aviation fuel storage and distribution facility located within an airport or airpark, consisting of one or more aboveground or underground storage tanks, associated pumps, piping, filtration systems, spill containment and safety equipment.

      HANGAR. Structure designed and constructed for the storage, shelter and protection of aircraft. A HANGAR may also provide space for routine aircraft maintenance and operations as permitted.

      HANGAR HOME. A dwelling unit integrated with an aircraft hangar located within an approved Airpark Zone where aircraft access is provided directly to the lot via taxiway.

      HANGAR (SHELL S-1). Fully enclosed structure intended solely for the storage and protection of aircraft, without interior build-out for occupancy, offices or non-aviation activities.

      LANDSIDE ACCESS. Security measures and protocols to regulate access to areas of an airport open to the public, including parking lots, administrative offices, industrial and commercial spaces.

      MATERIAL CHANGE. Any modification that increases or alters the operational intensity, configuration, expanded uses, runway length or aircraft weight.

      NFPA. National Fire Protection Association.

      OBSTRUCTION TO AIR NAVIGATION. As defined in FAA AC 150/5300-13B § 1.5(70).

      OFFICE AND ADMINISTRATIVE BUILDINGS. Structures used for airport/airpark-related management or support operations, including business offices, tenant services, flight planning centers or aviation service companies.

      OPERATIONS. Aircraft activity at the airpark or airport, defined as either a takeoff or a landing. Each takeoff or landing counts as one operation. Touch and go maneuvers, practice approaches and stop and go landings are each counted as two OPERATIONS, one landing and one takeoff. Annual and daily operation totals are used to determine the level of activity and ensure compliance with any operational limits established by ordinance or FAA designation.

      PUBLIC-USE. When used in connection with any airpark, airport or significant airport, means that the airpark, airport or significant airport is available for use by the general public without a requirement for prior approval of the airpark, airport or significant airport owner or operator.

      REGIONAL AIRPORT. A commercial service airport handling short to medium range domestic or point to point flights without international service.

      RESTAURANT. An establishment that prepares and serves meals and beverages to customers, with full kitchen facilities and seating for on-site dining.

      ROTORCRAFT. Heavier-than-air aircraft that generate lift using engine-driven rotating wings (rotors), enabling vertical takeoff/landing (VTOL) and hovering.

      RUNWAY. As defined in FAA AC 150/5300-13B § 1.5(79).

      RUNWAY PROTECTION ZONE (RPZ). A trapezoidal ground area at each runway end, beginning 15 feet from the runway, centered on the extended runway centerline, designed to enhance the protection of people and property on the ground.

      RUNWAY WEIGHT LIMIT. The maximum allowable weight that an aircraft can have when taking off or landing on a specific runway, based on factors like the runway’s structural strength and length.

      SHORT-TERM RENTAL. Any property offered or used for lease or rent as transient housing for a term of less than 30 days.

      SIGNIFICANT AIRPORT.

         (a)   An airport that has more than 20 based aircraft or otherwise meets the criteria for a SIGNIFICANT PRIVATE AIRPORT established under U.C.A. Title 72, Chapter 10, as amended.

         (b)   Classification as a SIGNIFICANT AIRPORT under state law does not confer approval to operate as a public-use airport within the town.

      SMALL PUBLIC-USE AIRPARK. A public-use airpark approved by the town that is limited to low-intensity aviation activity and meets all of the following criteria:

         (a)   Runway length. The runway does not exceed 5,000 feet in length;

         (b)   Aircraft weight. Operations are limited to aircraft with a maximum certificated takeoff weight of not more than 12,500 pounds;

         (c)   Aircraft type. Operations are limited to small, propeller-driven, fixed-wing aircraft. Jet aircraft, turbojet aircraft and instrument-guided aircraft are prohibited; and

         (d)   Operations. Total aircraft operations do not exceed 10,000 per calendar year.

      SPECIAL EVENTS. Temporary activities held on airpark or airport property, such as airshows, community gatherings, educational programs or sales exhibitions.

      STRUCTURE. An object including a mobile object, constructed or installed by man, including, but not limited to, buildings, towers, cranes, smokestacks, earth formations and overhead transmission lines and landfills.

      TENANT IMPROVEMENT (TI). Any alterations, upgrades or modifications, interior finish work performed within a leased space by or on behalf of a tenant.

      TOUCH AND GO. Operation by an aircraft that lands and departs on a runway and immediately takes off again without coming to a full stop or exiting the runway.

      TRAFFIC PATTERN. As defined in 14 C.F.R. § 1.1.

      UTILITY RUNWAY. As defined in 14 C.F.R. § 77.3.

      VISUAL FLIGHT RULES (VFR). As defined in 14 C.F.R. § 170.3.

   (D)   Applicability and compliance.

      (1)   Applicability. The provisions of this section apply to the operation, maintenance and use of any airpark, airport or airfield facilities located within the Airpark Mixed-Use Zone in the town. Nothing in this section shall be construed to regulate navigable airspace, which remains under the exclusive jurisdiction of the Federal Aviation Administration.

      (2)   General requirement. All persons subject to this section shall comply with its provisions and with all applicable federal, state and local laws, rules and regulations, including zoning and land use approvals issued by the town.

      (3)   Responsibility. The operator, sponsor or other responsible party shall ensure that all facilities and activities remain consistent with this section and the terms and conditions of any permits, licenses or approvals issued by the town and any other regulatory body, including the FAA and the state.

      (4)   Inspections. The town or its designee may conduct reasonable inspections of airpark, airport or airfield facilities, premises and related improvements to verify compliance with this section and applicable town approvals.

      (5)   Continuing obligation. Compliance with this section is a continuing obligation and issuance of any permit, business license or approval under this section does not relieve any person from complying with other applicable laws or regulations.

      (6)   Significant airport designation.

         (a)   Prohibition absent approval. No airpark or airport within the Airpark Mixed-Use Zone may be designated or operate as a significant airport unless first approved by the Town Council following a duly noticed public hearing.

         (b)   Advance notice to town. Any airport sponsor seeking designation as a significant airport under applicable state law shall provide written notice to the town at least 60 days prior to submitting such request to any state or federal agency. The town may use this period to conduct a public hearing and evaluate potential land use, safety or compatibility impacts.

         (c)   Compliance with overlay requirements. Any airpark or airport that meets or exceeds the threshold for a significant airport under U.C.A. Title 72 shall comply with all applicable requirements of the town’s Airport Overlay Zone, including land use compatibility, airspace protection and hazard mitigation standards.

         (d)   Public-use condition. Public-use status shall not be granted or maintained for any airport that qualifies as a significant airport unless the sponsor demonstrates ongoing compliance with all applicable overlay requirements and this chapter.

         (e)   Land and airspace control. As a condition of approval or continued operation as a significant airport, the sponsor shall demonstrate adequate control of land and airspace necessary for safe operations, including through fee ownership, recorded avigation easements, Runway Protection Zone (RPZ) control or other lawful mechanisms acceptable to the town.

         (f)   No municipal obligation. Nothing in this section shall be construed to require the town to regulate, acquire or restrict property outside the airport boundary on behalf of an airport sponsor.

   (E)   Liability insurance requirements. The airport sponsor shall indemnify and hold harmless the town from claims arising out of airport operations.

      (1)   Minimum coverage required. As a condition of public-use approval, the airport sponsor shall maintain commercial general liability insurance and aviation liability insurance in amounts not less than: $5,000,000 per occurrence for bodily injury and property damage combined single limit; and $10,000,000 aggregate coverage per policy year.

      (2)   Additional insured. The town shall be named as an additional insured on all required liability policies.

      (3)   Proof of coverage. A certificate of insurance shall be submitted to the town prior to issuance or continuation of public-use approval and annually thereafter.

      (4)   Cancellation notice. Policies shall require not less than 30 days written notice to the town prior to cancellation, non-renewal or material modification.

      (5)   Failure to maintain coverage. Failure to maintain required insurance shall constitute grounds for suspension or revocation of public-use approval.

   (F)   Uses allowed in the Airpark Mixed-Use Zone. Only the uses expressly listed in this section (see Table 1 below) are allowed within the Airpark Mixed-Use Zone. Any use not specifically identified or authorized herein is expressly prohibited. No structure shall be permitted without obtaining a building permit. All uses shall comply with the International Building Code (IBC) occupancy classifications, with a default classification of S-1 for hangars unless otherwise approved through a building permit or TI permit. All special uses shall comply with §§ 154.150 to 154.168, and all conditional uses shall comply with §§ 154.180 to 154.188.

 

   (G)   Development approval.

      (1)   Master plan required. All development within the AMUZ shall require submission of a master plan for review by the Planning Commission and approval by the Town Council.

         (a)   The master plan review shall include, but not be limited to, architectural design and theme, building materials lighting, signage, landscaping, parking, vehicular, bike and pedestrian access and paths, accessory structures, nuisance factors and natural and human-made hazards.

         (b)   The master plan shall cover all development in the AMUZ and shall establish where residential and nonresidential uses will be located. The master plan shall create natural buffering through the location of compatible uses and shall include the following elements:

            1.   Building orientation, size and type;

            2.   A land use plan that determines where residential, commercial and other uses may be located;

            3.   Identification of buffering, screening or distance used to mitigate possible noncompatible uses;

            4.   Parking areas and vehicle access to the site;

            5.   Engineered requirements, including grading, drainage, sewer/septic and other utilities;

            6.   Airport operation layout (runway, taxiways, aprons, fueling stations, maintenance areas, parking);

            7.   Site layout, dimensions and names of existing and future road rights-of-way;

            8.   Transportation circulation plan for aircraft, vehicles and pedestrians;

            9.   Utility plan showing all existing and proposed utilities, including, but not limited to, sewer/septic, culinary water (including sufficient water rights), fire hydrants, storm drains, subsurface drains, gas lines, power lines, communication lines, cable television lines, minimum fire flow required by the building code for the proposed structures (and fire flow calculations at all hydrant locations), location and dimensions of all utility easements, and a will-serve letter from each utility provider, other than the town, addressing the feasibility and their requirements to serve the project;

            10.   Airport emergency plan following FAA AC150/5200-31C;

            11.   List of known or identified hazards or obstructions to air navigation;

            12.   Environmental study;

            13.   Compliance with town’s soil ordinance;

            14.   Utilities: must comply with water standards (Chapter 50 of this code, as amended), wastewater and stormwater design and wildlife hazard avoidance;

            15.   Proof of ownership or restrictive easements for all land located within the RPZ, any required approach surfaces prior to approval and 14 C.F.R. part 77 surfaces; and

            16.   An airpark/airport layout plan (ALP) that matches the proposed development and is consistent with the approved size and intensity of aviation classification.

      (2)   Phasing of development.

         (a)   Any mixed-use development proposed to be constructed in phases shall include the full details relating thereto, including a projected time schedule for the completion of each phase. For all mixed-use projects, required open space shall be completed according to a phasing plan approved with the mixed-use development; and

         (b)   Each phase of a development must comply with the town’s water regulations, including submitting a change application with the required water rights, as determined by the Town Engineer and State Engineer, to the state before receiving final approval of a phase (or plat) of the development.

   (H)   Development standards.

      (1)   General standards.

         (a)   Land use allocation.

            1.   No more than 27 one-acre lots for residential uses shall be permitted within the AMUZ;

            2.   A minimum of 30% of the total developable land area shall be preserved as open space. In calculating required open space, roads, driveways, parking areas, runways, taxiways, aprons and other areas used primarily for vehicle or aircraft circulation shall be excluded; and

            3.   Remaining land in the airpark may be developed for light industrial, commercial with aviation related uses consistent with the purposes of the zone.

         (b)   Restrictive covenants and HOA. Residential development in the AMUZ shall have a homeowner’s association and restrictive covenants that comply with the regulations in the AMUZ and 14 C.F.R. part 77;

         (c)   Prohibited structures. No building, structure or other vertical obstruction shall be constructed within the navigable airspace defined in 14 C.F.R. part 77 nor within the RPZ, except as otherwise permitted by the Federal Aviation Administration and approved by the Town Council;

         (d)   Roads. All development within the AMUZ shall be served by direct access to a public road constructed to Light Industrial West APWA standards; and

         (e)   Other regulations. All development must meet any other applicable town regulations, such as the town’s roadway standards, water requirements, building code and the like.

         (f)   Airport operations must comply with this section. Any proposed changes to status or development within the Airpark Mixed-Use Zone must be in compliance with this section and shall require prior approval of the Town Council.

      (2)   Airpark/airport standards.

         (a)   Runway. One runway is permitted with the following restrictions:

            1.   The runway shall not exceed 5,000 feet in length; and shall be constructed to standards consistent with serving small propeller driven aircraft with a total gross weight of 12,500 pounds or less;

            2.   Based aircraft:

               a.   No more than 20 small, propeller-driven, fixed-wing aircraft with a maximum certificated takeoff weight of 12,500 pounds or less shall be based at the aviation facility, consistent with the airpark’s or airport’s runway weight-bearing capacity and utility runway classification under FAA Advisory Circular 150/5320-6G.

               b.   The airpark/airport sponsor shall submit an annual written certification to the town identifying the number of based aircraft. The town may request supporting documentation reasonably necessary to verify the certification.

               c.   Failure to submit the required annual certification or exceeding 20 based aircraft shall constitute a violation for the Airpark Mixed-Use Zone.

            3.   All runway, taxiway and aircraft movement areas shall be designed and constructed in compliance with FAA Advisory Circular 150/530013B [Airport Design] - Change 1 (August 16, 2024), including all data current as of April 3, 2025, and 14 C.F.R. part 77; and FAA Advisory Circular 150/5320-6G (Airport Pavement Design and Evaluation), including all data current as of April 3, 2025, and 14 C.F.R. part 77;

            4.   The runway shall be constructed and maintained to operate as a utility runway to serve aircraft not to exceed a total gross weight of 12,500 pounds, appropriate for a utility runway, as defined by FAA Advisory Circular 150/5320-6G. Utility runways are intended to serve small propeller driven aircraft and are not designed for use by heavier aircraft or those with dual-wheel or tandem gear configurations;

            5.   The airpark/airport shall have security gates and security fencing around the perimeter of the runway. Fencing shall comply with FAA wildlife hazard and security guidelines;

            6.   Runway lights of any type are prohibited;

            7.   The runway shall be limited to a visual runway with no runway lighting;

            8.   Runway Protection Zone (RPZ) standards shall comply with FAA AC 150/5300-13B (Airport Design) and FAA AC 150/5320-6G (Airport Pavement Design). The RPZ’s purpose is to protect people and property on the ground by keeping these areas free of objects and activities. The airport or airpark sponsor/operator shall control the entire RPZ through fee-simple ownership, if ownership is not feasible, by obtaining recorded restrictive easements sufficient to prevent incompatible land uses, consistent with FAA AC 150/5190-4B (Land Use Compatibility). The town shall not be responsible for acquiring, maintaining or enforcing RPZ ownership or easements.

         (b)   Flight operations.

            1.   As a condition of operating within AMUZ, an airpark shall adopt and implement policies to discourage touch-and-go operations and to promote flight patterns and operational practices that minimize disturbance to town residents. Such policies shall be incorporated into airpark management documents, published for airpark users and made available to the town upon request;

            2.   Follow visual flight rule (VFR) operations only; daytime operations only; from sunrise to sunset, as determined by the National Weather Service;

            3.   Operational limits:

               a.   The airport sponsor may permit, schedule or accommodate fewer than 10,000 aircraft operations per calendar year.

               b.   For purposes of this division (H)(2)(b)3., an OPERATION means a takeoff or landing. A touch-and-go maneuver constitutes two operations.

               c.   The airport sponsor shall maintain accurate records of daily and annual operations and shall provide such records to the town upon request.

               d.   The town may verify operations through reasonable monitoring methods, including, but not limited to, visual observation, automated counting systems or video documentation.

               e.   Exceeding the annual operation limit shall constitute a violation of this section.

            4.   Excess operations:

               a.   Each aircraft operation in excess of the annual limit shall constitute a separate violation.

               b.   The town may assess a civil fine of not less than $500 per excess operation. Repeated violations may constitute grounds for suspension or revocation of a business license and/or public-use approval.

            5.   Commuter or on-demand commercial operations (see 14 C.F.R. part 135) are strictly prohibited except for emergency aircraft.

            6.   a.   No airpark, airport or airfield within the AMUZ shall allow the use or landing of instrument-guided aircraft, jet aircraft, turbojet aircraft or similar types of aircraft, all of which are prohibited in the AMUZ.

               b.   Public airports receiving grants under 49 U.S.C. Subtitle VII, Chapter 471, Part B- Airport Development or that have “regularly scheduled flights of aircraft” within the meaning of 49 U.S.C. § 44718(d)(1) are prohibited in the AMUZ.

      (3)   Industrial and commercial standards. All industrial and commercial development must meet the requirements and standards of the Light Industrial West Zone.

      (4)   Residential standards. Single-family residential hangar homes are allowed in a portion of the airpark/airport. This zone must be outside the Limited Safety Zone of the runway and not used for light industrial use. The following requirement shall apply:

         (a)   One acre lots minimum not including the roadway;

         (b)   Each lot shall have no more than one hangar with private access to taxiway;

         (c)   There shall be a 250-foot no development zone on either side of the runway measured from the centerline of the runway to the closest property line of any residential lot.

         (d)   Shall not exceed 27 one-acre lots plus one lot for a clubhouse; and

         (e)   All residential development must meet the requirements, standards and building requirements of the AR-1 Zone with exterior roads meeting adjacent zone public road requirements.

   (I)   Air traffic pattern and noise abatement.

      (1)   Flight pattern standards. Air traffic patterns should avoid overflight of residential dwellings, yards, pastures or other private property within the town, except in the event of an in-flight emergency. Flight patterns shall be consistent with FAA AC 90-66B (Non-Towered Airport Flight Operations) and FAA AC 150/5300-13B (Airport Design) and must be:

         (a)   Documented in FAA Chart Supplements and any other applicable FAA publications;

         (b)   Published and kept current on the airpark website; and

         (c)   Supported by appropriate visual indicators (segmented circles, runway markings, signage) designating traffic direction and preferred approaches.

      (2)   Operational requirements.

         (a)   Runway use. Runway 17 shall be the preferred runway for takeoff and landing.

         (b)   Northbound departures. Departing aircraft shall turn to avoid residential areas of the town as soon as safely practicable.

         (c)   No-overflight rule. Aircraft shall make best efforts to not overfly residential properties within the town except during an emergency.

         (d)   Nuisance. Repeated violations of the no-overflight rule may constitute a nuisance when:

            1.   The same property is overflown more than three times in any 30-minute period;

            2.   Overflights are repetitive or consecutive in a manner reasonably perceived as circling or loitering; or

            3.   Overflights occur at such altitude or proximity that they substantially interfere with the quiet enjoyment of the property.

         (e)   Pre-flight responsibility. All aircraft operators shall check applicable NOTAMs and published chart supplements before operating in the airpark traffic pattern.

   (J)   Hazard notifications and wildlife hazard management.

      (1)   General hazard notification.

         (a)   Any public-use airport operating within the town shall identify, disclose and evaluate known hazards affecting aircraft operations, including, but not limited to, nearby landfills, wastewater treatment facilities, agricultural operations, wildlife attractants, terrain, obstructions and incompatible land uses.

         (b)   The airpark/airport sponsor shall notify the Federal Aviation Administration (FAA), UDOT Division of Aeronautics and AirNav of such hazards as required by applicable federal and state regulations.

      (2)   Wildlife hazard assessment (WHA).

         (a)   Prior to approval or continuation of public-use status, the airport sponsor shall conduct a Wildlife Hazard Assessment (WHA) consistent with FAA Advisory Circular 150/5200-33C (Hazardous Wildlife Attractants on or Near Airports), or its successor guidance.

         (b)   The WHA shall specifically evaluate:

            1.   The municipal landfill located within town limits;

            2.   The C&D/North Pointe landfill located adjacent to the runway alignment;

            3.   The proximity of such facilities to runway ends, centerlines and traffic patterns;

            4.   Bird species presence, migration patterns and strike history;

            5.   The movement of seagulls and other wildlife between landfill sites;

            6.   The nesting locations of eagles (golden and bald) and any other migratory birds protected by federal law in and around the creek running through the town; and

            7.   Any other wildlife attractants within the airport influence area.

         (c)   A copy of the completed WHA shall be submitted to the town and to any landowners mentioned or discussed in the WHA. The sponsor shall give any such landowners a reasonable opportunity to comment on the WHA and the sponsor’s proposed wildlife hazard management plan/WHMP.

      (3)   Wildlife hazard management plan (WHMP).

         (a)   If the WHA identifies conditions consistent with a significant wildlife strike risk as described in FAA AC 150/5200-33C, the airport sponsor shall prepare and implement a wildlife hazard management plan (WHMP).

         (b)   The WHMP shall:

            1.   Identify mitigation measures to reduce wildlife hazards;

            2.   Include proof of the sponsor/operator delivery of the WHA to any landowners mentioned or discussed in the WHA with a summary of the sponsor/operator coordination efforts with any such landowners and other attractant sources;

            3.   Establish monitoring and reporting procedures;

            4.   Include operational practices designed to reduce aircraft-wildlife conflict; and

            5.   Be reviewed annually and updated as conditions change.

         (c)   A copy of the completed WHMP shall be submitted to the town and to any landowners mentioned or discussed in the WHMP. The town shall give any such landowners a reasonable opportunity to comment on the WHMP prior to the town’s approval of public-use status or continuation of public-use status of the airport.

         (d)   Implementation of the WHMP shall be a condition of continued public-use approval.

         (e)   Nothing in this section shall be construed as creating a duty upon the town or surrounding landowners to ensure aviation safety, conduct wildlife management or guarantee compatibility between airport operations and surrounding land uses.

      (4)   Coordination with landfill operators. The airport sponsor shall document coordination efforts with operators of nearby landfill facilities regarding wildlife mitigation measures. Nothing in this section shall impose operational obligations upon landfill operators; responsibility for aviation safety mitigation rests with the airport sponsor. Nothing in this chapter shall be construed to require landfill operators to reduce, alter, adjust, modify or cease existing operations to accommodate any airport, airpark or significant airport, public-use status or aviation activity.

      (5)   FAA notification and documentation.

         (a)   All required FAA Form 7460-1 obstruction evaluations, wildlife hazard documentation and related safety filings shall be submitted to the town within 30 days of filing with the FAA.

         (b)   Material omission or misrepresentation of known hazards shall constitute grounds for suspension or revocation of public-use approval.

   (K)   Public use airpark/airport; conditional use permit required.

      (1)   Conditional use permit required.

         (a)   A public-use airpark/small public-use airport may be established, operated or expanded only upon issuance of a conditional use permit (CUP) approved by the Town Council following:

            1.   Review and recommendation by the Planning Commission; and

            2.   A duly noticed public hearing.

         (b)   For purposes of this division (K)(1), EXPANDED shall include any increase or modification to an approved runway, including its length or configuration; any increase or change in approved aircraft types or based aircraft; and any other material change to airport operations, including changes to hours of operation, lighting or operational intensity.

      (2)   Notice. Notice of the Planning Commission public hearing on the CUP application shall be mailed to all adjoining property owners, any landowners mentioned or discussed in a WHA or WHMP and any landfills located within the town. Proof of notice shall be presented at the Planning Commission hearing.

      (3)   Application requirements. Applications for a public-use airpark or public-use airport conditional use permit shall include:

         (a)   A detailed master site plan identifying:

            1.   Runway configuration;

            2.   Taxiways and taxi lanes;

            3.   Runway safety areas;

            4.   Hangar home lots; and

            5.   Aircraft parking areas.

         (b)   A description of anticipated airpark or airport operations, including:

            1.   Aircraft types expected;

            2.   Estimated annual aircraft operations; and

            3.   Whether airport operations will implicate 49 U.S.C. § 44718.

         (c)   Documentation demonstrating property ownership or aviation/avigation easements required for safe airport operations;

         (d)   An airspace safety evaluation demonstrating compliance with applicable federal aviation standards;

         (e)   Identification of aviation hazards;

         (f)   A septic feasibility study where sewer service is unavailable;

         (g)   Dedicated public utility easements (“PUE”); and

         (h)   Any additional information reasonably necessary for evaluating the proposed use.

      (4)   Approval standards.

         (a)   The Town Council may approve a public-use airpark or public-use airport conditional use permit if it determines that reasonably anticipated detrimental effects of the proposed use can be mitigated through reasonable conditions.

         (b)   In evaluating the application, the Town Council may consider:

            1.   Public safety;

            2.   Compatibility with surrounding land uses;

            3.   Airspace protection;

            4.   Noise and overflight impacts; and

            5.   Environmental and infrastructure considerations.

      (5)   Conditions of approval. The Town Council may impose conditions necessary to mitigate anticipated impacts of airpark or airport operations.

         (a)   Conditions. Conditions must include the following, but may also include other conditions necessary to mitigate reasonably anticipated detrimental effects.

         (b)   FAA airspace evaluation. The airpark/airport operator shall obtain an airspace evaluation from the Federal Aviation Administration demonstrating compliance with federal aviation safety standards.

         (c)   Property control. The airpark/airport operator shall demonstrate adequate property control through ownership or aviation easements over areas necessary for airport operations.

         (d)   Hazard identification. Known aviation hazards shall be identified and reported where required.

         (e)   Airspace protection. Airpark/airport development and surrounding structures shall comply with airspace protection standards established in 14 C.F.R. part 77.

         (f)   Wildlife hazard mitigation. Airpark/airport operations shall comply with applicable FAA wildlife hazard mitigation guidance.

         (g)   Recognition of existing development. Airpark/airport planning shall acknowledge pre-existing conditional use permits and surrounding approved developments including:

            1.   IRL Landfill;

            2.   North Pointe Landfill;

            3.   Fairfield Industrial Park; and

            4.   Lantis Fireworks.

         (h)   Operational limitations. Airpark/airport operations shall be limited to fewer than 10,000 aircraft operations annually.

         (i)   Liability insurance. 

            1.   The airpark/airport operator shall maintain aviation liability insurance acceptable to the town and shall name the town as an additional insured.

            2.   Proof of insurance shall be provided annually.

         (j)   Septic feasibility. Where sewer service is unavailable, development shall demonstrate adequate septic capacity through a feasibility study approved by the applicable health authority.

      (6)   Residential compatibility standards. To protect surrounding residential neighborhoods while allowing aviation-oriented development within the airpark/airport, the following standards shall apply.

         (a)   Residential uses outside the Airpark Zone.

            1.   Residential dwellings located outside the Airpark Mixed-Use Zone shall not be located within 1,250 feet of the runway centerline, unless the Town Council determines through conditional use review that impacts to residential uses have been adequately mitigated.

            2.   This standard is intended to reduce potential conflicts relating to aircraft noise, safety concerns and low-altitude overflight.

         (b)   Hangar homes within the Airpark Zone. Hangar homes located within an approved Airpark Zone may be located closer to the runway centerline provided that:

            1.   The structure is located outside the runway object free area and runway safety area;

            2.   The structure complies with all applicable airport design and safety standards; and

            3.   Direct aircraft access to the runway is provided through approved taxiways.

         (c)   Hangar homes shall be considered aviation-compatible residential uses due to their integration with airport operations.

      (7)   Avigation easements and airpark/airport disclosure. Nothing in this division (K)(7) shall regulate aircraft in flight in a manner inconsistent with federal aviation authority exercised by the Federal Aviation Administration.

         (a)   Avigation easements. 

            1.   The airpark/airport operator shall obtain and record avigation easements where necessary to protect airpark/airport operations.

            2.   Such easements may include rights related to:

               a.   Aircraft overflight;

               b.   Aviation noise and vibration;

               c.   Height restrictions; and

               d.   Restrictions on hazardous land uses.

         (b)   Hangar home disclosure. All lots located within the Airpark Zone shall record an airport living disclosure stating that:

            1.   Aircraft operations are expected;

            2.   Aviation noise and overflight will occur; and

            3.   Airport operations are integral to the use of the property.

         (c)   Airport influence area disclosure. Properties located within the airport influence area outside the Airpark Mixed-Use Zone shall include a recorded notice informing purchasers of potential aircraft overflight and aviation noise.

         (d)   Noise mitigation and operational procedures. The airpark/airport operator shall encourage operational practices that minimize noise impacts to surrounding residential areas where practicable and consistent with aviation safety. Recommended operational procedures may be published through publicly accessible means.

      (8)   Frontage access to in the interior of the airpark. All dwellings, hangars, commercial establishments or other facilities occupied by humans shall gain access from an official public state, county or town road which has been paved under the direction of the unit of government having jurisdiction.

      (9)   Enforcement and continuing jurisdiction. The town retains continuing jurisdiction to ensure compliance with the conditions of any conditional use permit issued under this section. Failure to comply with conditions may result in enforcement actions including suspension or revocation of the conditional use permit.

   (L)   Easements and property control requirements.

      (1)   Conformance. Any public-use airpark or public-use airport located within the town limits shall conform to the requirements of this chapter and 14 C.F.R. part 77; and U.C.A. § 72-10-403 (Airport Zoning Act).

      (2)   Approvals. FAA airspace determinations or approvals do not constitute town approval. town review and approval are required for all runway extensions, configuration changes and operational modifications.

      (3)   Accuracy of submittals. FAA and town submittals must reflect accurate, current on-the-ground conditions, including terrain, landfill heights and proximity to any other hazards, wildlife protected areas, obstructions and land uses. Any material misrepresentation shall be grounds for immediate denial, suspension or revocation of town permits and may trigger legal enforcement.

   (M)   Land and airspace control requirements for public-use airparks.

      (1)   Precondition to public-use approval. No airpark/airport shall be approved or operated as a public-use airpark or airport within the town unless the sponsor demonstrates legal control of all land and airspace necessary to safely accommodate the approved runway length, aircraft weight classification and operational intensity.

      (2)   Required property interests. Prior to approval or continuation of public-use status, the airpark/airport sponsor shall obtain and record:

         (a)   Fee ownership or recorded restrictive easements/avigation easements over all land within each Runway Protection Zone (RPZ);

         (b)   Recorded avigation easements sufficient to protect all applicable 14 C.F.R. part 77 surfaces; and

         (c)   Property interests sufficient to prevent incompatible land uses within required approach surfaces and safety areas associated with the approved runway length.

      (3)   Containment requirement. All RPZs, safety areas and required restricted-use areas shall be fully contained within property owned or legally controlled by the airpark/airport sponsor.

      (4)   Runway adjustment requirement. If required land control cannot be achieved, the runway length or operational classification shall be reduced to a configuration that allows full containment within controlled property.

      (5)   No municipal acquisition obligation. The town shall have no obligation to acquire land, purchase easements, regulate adjacent properties or otherwise secure compatibility on behalf of the airpark/airport sponsor.

      (6)   Ongoing compliance. Loss of required property control shall constitute grounds for suspension or revocation of public-use status.

   (N)   Severability.

      (1)   (a)   If any section, division, sentence, clause, phrase or provision of this section is for any reason held to be invalid, unconstitutional or preempted by federal or state law by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this section.

         (b)   The Town Council hereby declares that it would have adopted this section and each section, division, sentence, clause, phrase and provision thereof, irrespective of the fact that any one or more portions may be declared invalid or unenforceable.

      (2)   To the extent that any provision of this section may be interpreted as regulating matters within the exclusive jurisdiction of the Federal Aviation Administration, including, but not limited to, the management of navigable airspace or aircraft in flight, such provision shall be interpreted and applied only to the maximum extent permitted under applicable law and consistent with the town’s land use authority under U.C.A. Title 10 Chapter 20.

      (3)   The provisions of this section are intended to regulate land use, development and ground-based facilities within the jurisdiction of the town. If any portion of this section is determined to exceed the town’s lawful authority, the remaining provisions shall remain in full force and effect.

(Prior Code, § 10.11.260) (Ord. 2026-01, passed 3-25-2026)

   (A)   Any public use airport/airpark or public airport/airpark located within the town limits shall conform to the requirements of this chapter, the Airpark Mixed-Use Zone, 14 C.F.R. part 77, and U.C.A. § 72-10-403 (Airport Zoning Act).

   (B)   Nothing in this section or any other section of this code shall be construed to require the town to be responsible for acquiring any property or property rights for the benefit of any airpark/airport within the boundaries of the town.

(Prior Code, § 10.11.275) (Ord. 2026-02, passed 3-25-2026)

   (A)   Purpose. The Technology Overlay Zone (TOZ) is intended to provide for the development and operation of large-scale technological, clean industrial and high-tech manufacturing uses that will increase the tax base and/or provide jobs for the town’s residents.

   (B)   Establishing a TOZ.

      (1)   Size and location.

         (a)   Lands in the TOZ shall encompass a minimum of 80 contiguous acres as part of the TOZ campus. The acreage requirement may be joined with an existing campus located in the town or another municipality.

         (b)   Additionally, parcels in the TOZ shall be located on lands that can be served by adequate infrastructure, including power, water and sewer (or other suitable groundwater and septic systems), and a road network with acceptable capacity that can serve the TOZ’s intended uses.

      (2)   TOZ adoption. The TOZ may only be approved with a development agreement.

      (3)   Base Zone. The TOZ shall only be permitted in the following zone: Light Industrial (East). The standards and processes of the base zone shall be applicable unless modified by this section or by development agreement.

      (4)   Right to farm. The town values its rich agricultural heritage and considers agricultural uses as a component of the town’s community fabric, quality of life amenities and contributions to the town’s economic base. An application for the TOZ shall provide an analysis of how the development will protect and preserve the agricultural land and agricultural activities within the town in accordance with §§ 150.20 to 150.24.

   (C)   TOZ design standards.

      (1)   Principal building facade.

         (a)   The principal building facade shall include all the building facades substantially visible to adjacent public roads and streets. When a building has more than one principal facade, such principal building facades shall be consistent in terms of design, materials, details and treatments. Principal building facades shall meet the following standards:

            1.   Avoid the use of undifferentiated surfaces by including at least two of the following design elements: change in building height; building step-back or recesses; fenestration; change in building material, pattern, texture or color; or use of accent materials;

            2.   Buildings not visible from adjacent roads or properties due to buffering shall not be required to have differentiated design elements; and

            3.   Building facade material:

               a.   Materials used for building facade may only include tinted, textured masonry block, precast concrete, tilt-up concrete panels with brick finish or stone facing, glass, stucco and external insulation finish system that simulates a stucco appearance, fiber-cement siding, metal panel systems, structural metal siding, wood siding or smooth-faced concrete blocks;

               b.   Precast concrete must contain other materials embedded within and articulated with design detailing or have application of other building materials to create design interest;

               c.   Materials shall be non-reflective and earth-tone in color; and

               d.   Examples of compliant building facades are shown in the ordinance codified in this section as Addendum A.

         (b)   Screening of accessory equipment.

            1.   To minimize visibility from adjacent public roads and adjacent properties, ground level and rooftop accessory equipment shall be screened from public roads and streets abutting residentially zoned or planned properties. This screening may be provided by a principal building or existing vegetation that will remain on or is within a landscaping/buffer easement on an adjacent property. Accessory equipment not screened by a principal building or existing vegetation shall be screened by a visually solid fence, screen wall or panel, parapet wall or other visually solid screen that shall be constructed of materials compatible with those used in the exterior construction of the principal building. Notwithstanding the requirements of this section, accessory equipment located in a manner found to have no adverse impact on adjacent roads and adjacent properties, as determined by the Planning Commission, shall not be required to be screened.

            2.   Notwithstanding anything to the contrary herein, this section shall not apply to permitted accessory uses, including, without limitation, electric substations, transmission and distribution facilities.

         (c)   Landscaping.

            1.   A minimum of 20% open space shall be maintained for each group of contiguous parcels within the TOZ, inclusive of undeveloped land wetlands, steep slopes, stormwater areas or water left in undisturbed, open condition or developed as a landscaped or buffer area for buildings, streets or parking lots, areas used primarily for resource protection or recreational purposes.

            2.   If created, individual parcels within the TOZ are required to submit a landscaping plan with a site plan.

            3.   All landscaping shall comply with §§ 154.225 to 154.229.

            4.   Required landscaping shall be maintained in perpetuity.

         (d)   Perimeter buffers.

            1.   All buffers shall be inclusive of required setbacks.

            2.   All roads and utility rights-of-way and easements are permitted to cross all TOZ buffered areas. Stormwater management features are prohibited in the buffered areas, except by a waiver approved by the Planning Commission.

            3.   Buffer yard plantings shall be designed to minimize visual impacts from adjacent public roads and streets and properties. Notwithstanding the requirements of this section, use of natural topography and preservation of existing vegetation, supplemented by new vegetation, if needed, or on the outside of a six-foot-tall solid fence, may be substituted for the above requirements when found by the Planning Commission to provide minimal visual screening from adjacent land uses.

            4.   Buffers shall be shown on the TOZ campus buffer and landscape plan and on any individual site plans when the buffer area is part of an individual lot or multiple lots for which the site plan was submitted.

            5.   Minimum buffering requirements shall include the following.

               a.   When adjacent to residential zones, the minimum buffer area shall be 200 feet.

               b.   When adjacent to commercial or industrial zones, the minimum buffer area shall be 100 feet.

               c.   When adjacent to primary public roads, the minimum buffer area shall be 150 feet.

               d.   When adjacent to secondary public roads, the minimum buffer area shall be 100 feet.

               e.   Where multiple parcels within the TOZ are included in a development master plan, buffer requirements shall not apply to internal parcel lines.

               f.   Where internal parcel lines intersect with perimeter parcel lines, the TOZ perimeter buffer regulations shall apply.

         (e)   Noise. Unless in an emergency situation, the decibel levels shall not exceed 75dB between 8:00 am to 5:00 pm, or 60dB between 5:00 pm to 8:00 am.

         (f)   Minimum lot sizes. Any division of land within the TOZ shall be a minimum of one acre.

         (g)   Fencing. Fencing of the property shall be located inside the buffer area.

         (h)   Setback requirements.

 

 

         (i)   Building height. No building shall exceed 50 feet in height. The Planning Commission may, in its discretion, approve a building height up to 80 feet. Height shall be measured from the average elevation of the finished grade at the front line of the building to the highest point of the roof.

         (j)   Lighting requirements. Lighting, including during construction, shall comply with the base zoning regulations and Chapter 153 of this code.

   (D)   Uses. Any uses not expressly listed below as a permitted, conditional or accessory use shall be prohibited.

 

   (E)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

      AEROSPACE MANUFACTURING, SALES, ASSEMBLY AND ASSOCIATED SERVICES. A company involved in the various aspects of designing, building, testing, selling and maintaining aircraft, aircraft parts, missiles, rockets or spacecraft. Aerospace is a high technology industry.

      AUTOMOTIVE MANUFACTURING, SALES, ASSEMBLY AND ASSOCIATED SERVICES. A company engaged in manufacturing or assembling of passenger cars, trucks or station wagons, including any person, partnership or corporation which acts for or is under the control of such manufacturer or assembler in connection with the distribution of said motor vehicles.

      CENTRAL HEATING OR COOLING FACILITY. Chillers and cooling towers, computer room air conditioner (CRAC), computer room air handler (CRAH), air distribution system and redundancy and backup systems needed for a data center.

      CLEAN ADVANCED MATERIALS MANUFACTURING OR ADVANCED MANUFACTURING BUSINESSES. A company that accelerates the adoption of innovative materials and manufacturing technologies in support of a clean, decarbonized economy.

      CONCRETE BATCH PLANTS, MATERIALS PROCESSING EQUIPMENT and OTHER SIMILAR USES. The Planning Commission, as part of the site plan approval, may approve a concrete batch plant, materials processing equipment or other similar temporary uses if the processing is located at least one-half mile (2,640 feet) from any existing residence or residential lot.

      CONFERENCE OR TRAINING CENTER. A facility that accommodates groups of persons for short periods for the purposes of seminars, workshops, training and other related activities. No overnight accommodations are provided.

      DATA CENTERS. A building, a dedicated space within a building, or a group of buildings used to house computer systems and associated components, such as telecommunications and storage systems.

      ELEVATED WATER STORAGE TANK OR TOWER. A structurally enclosed tank that is raised above the ground to store water.

      ENERGY GENERATING FACILITY. A facility that generates electricity for the primary use or facility by means of solar, wind or water.

      FOOD PROCESSING, PACKAGING AND MANUFACTURING. A commercial operation that manufactures, packages, labels or stores food for human consumption and does not provide food directly to a customer. This definition does not include on-site slaughter, killing or harvesting of animals.

      GENERAL OFFICE. Office space that is no larger than 5,000 square feet.

      GENERAL STORAGE AND MAINTENANCE FACILITY. Storage or facilities that support the main use of the property or building. GENERAL STORAGE AND MAINTENANCE FACILITIES may not take up more than 25% of the total building area.

      LABORATORY AND TESTING SERVICES. The testing of products made at the main facility. The use of animal testing and experimentation is prohibited.

      RESEARCH AND DEVELOPMENT. The research and development of life sciences, medical, electronic assembly or other similar uses.

      SECURITY BUILDING. A building containing eating and sleeping facilities for security personnel no larger than 1,000 square feet in size and may not be used as a dwelling.

      SEWAGE TREATMENT PLANT. The collection, treatment and discharge of wastewater within the development.

      STRUCTURED PARKING. A portion of a building that is used for parking of equipment and motor vehicles.

      TECHNOLOGY COLLEGE, UNIVERSITY or TECHNICAL SCHOOL. An institution authorized by the state to award associate, baccalaureate or higher degrees, and facilities associated with it. This term includes academic buildings, administrative facilities, dormitories, special housing, parking areas, dining halls and other physical plants associated with the college or university use.

      TECHNOLOGY RESEARCH AND DEVELOPMENT FACILITY. A building in which scientific research, investigation, testing or experimentation is conducted, but not including the manufacturing or sales of products, except as incidental to the main purpose of the laboratory.

      TELECOMMUNICATIONS TOWER. See the definition for TELECOMMUNICATION SYSTEM found in § 11.01 of this code.

      WATER TREATMENT PLANT. A facility that uses technology to treat raw or contaminated water to make it safe for use.

   (F)   Prohibitions. Any use that produces gas, smoke, odor, dust, vibration of earth or soot that, in the opinion of the Town Council, will negatively impact commercial or residential areas that are currently existing or that are proposed in the town’s general plan. Solar farms, as a primary use, shall not be permitted in the TOZ, and no solar farm, as an accessory use, shall exceed more than two acres.

   (G)   Examples of compliant building facades.

(Ord. 2024-09, passed 8-14-2024)