Fillmore City Zoning Code

The purpose of this chapter is to create a zone in which:

   A.   Space in the City is preserved to be developed for both public and semipublic purposes.

   B.   Areas are identified as being used in a public or semipublic manner. (Ord. 19-07, 9-3-2019)

If a use is not specifically designated then it is prohibited.

 

(Ord. 19-07, 9-3-2019; amd. Ord. 19-09, 10-1-2019)

 

 

   A.   Erection Of More Than One Principal Structure On The Lot: More than one structure housing a permitted principal use may be erected on a single lot; provided, that yard setbacks and other requirements of this title shall be met for each structure.

   B.   Structure To Have Access: All structures shall be on a lot adjacent to a public street or with access to an approved private street, and shall be so located on lots as to provide safe and convenient access for fire protection.

   C.   Farm Animals And Livestock: Livestock, fowl and other animals (excluding household pets) that may, where permitted, be kept, bred and maintained with the following restrictions:

      1.   Livestock: One animal for every five thousand (5,000) square feet of property (excluding occupied structures). One horse, cow, pig, llama, goat or five (5) sheep. Unaltered male goats are not allowed other than on a temporary basis for breeding purposes. The offspring of livestock may be kept without consideration of the space limitations until the animal is weaned or not to exceed six (6) months.

      2.   Other Farm Animals: For each five thousand (5,000) square feet of property (excluding occupied structures) five (5) rabbits or fowl or other similar small animals may be kept. One hundred (100) rabbits or fowl may be kept in an enclosed structure with a roof and walls on all sides. The offspring kept in the enclosed structure shall not exceed two hundred (200) and may be kept for a period of six (6) months. One enclosed structure may be kept for every five thousand (5,000) square feet of property (excluding occupied structures).

      3.   Animals Stabled Or Housed In Enclosed Areas: Any building, structure or corral in which livestock is kept must be at least fifty feet (50') from any street, dwelling or sidewalk. This restriction does not include open pasturing on a temporary or seasonal basis.

      4.   Exception: Animals stabled in the Public/Quasi-Public Zone in the immediate vicinity of the County Fairgrounds or Arena are exempt from the square footage requirement.

   D.   Public Utility Stations With Sewer: Public utility stations with sewer shall meet the following requirements:

      1.   Lot Area: Each station shall be located on a lot not less than two thousand (2,000) square feet in area;

      2.   Access: Each station shall be located on a lot that has adequate access from a street, alley or easement;

      3.   Yards: Each station shall be provided with a yard on each of the four (4) sides of the building or structures not less than five feet (5') in width, except that for such stations located on lots fronting on a street and abutted by one or more residential lots, the front, side and rear yards should equal those required for a single-family residence in the same district.

(Ord. 19-07, 9-3-2019; amd. Ord. 23-09, 6-6-2023)

The operation of any use permitted in this district is subject to the following standards of performance:

   A.   Nuisances Or Disturbances: All uses must be operated so that all practical means are used to confine any noise, odor, dust, smoke, vibration or other similar feature to the premises upon which they are located.

   B.   Lighting: Any light used to illuminate signs, parking areas, or for any other purpose shall be so arranged as to confine direct light beams to the lighted property by appropriate directional hooding. (Ord. 19-07, 9-3-2019)

Parking standards in chapter 14, "Parking Standards", of this title, also apply to the following on site parking requirements. Lighting standards are required for lots that require more than twenty five (25) spaces and are outlined in chapter 14, "Parking Standards", of this title.

 

(Ord. 19-07, 9-3-2019)

The City shall not issue a conditional use permit unless the Planning and Zoning Administrator, in the case of an administrative conditional use, or the Planning Commission, for all other conditional uses, concludes that the application fully mitigates all identified adverse impacts and complies with the following general standards applicable to all conditional uses, as well as the specific standards for the use:

   A.   General Review Criteria: An applicant for a conditional use in the zone must demonstrate:

      1.   Compliance: The application complies with all applicable provisions of this title, and State and Federal law;

      2.   Structure Compatibility: The structures associated with the use are compatible with surrounding structures in terms of use, scale, density and circulation;

      3.   Use Not Detrimental: The use is not detrimental to the public health, safety and welfare;

      4.   Consistent With General Plan: The use is consistent with the City General Plan, as amended;

      5.   Traffic: Traffic conditions are not adversely affected by the proposed use, including the existence or need for dedicated turn lanes, pedestrian access and capacity of the existing streets;

      6.   Utility Capacity: There is sufficient utility capacity;

      7.   Emergency Vehicle Access: There is sufficient emergency vehicle access;

      8.   Off Street Parking: The location and design of off street parking are in compliance with off street parking standards;

      9.   Fencing, Screening, Landscaping: A plan for fencing, screening and landscaping to separate the use from adjoining uses and mitigate the potential for conflict in uses;

      10.   Exterior Lighting: That exterior lighting complies with the lighting standards of the zone;

      11.   Flood Control: That within and adjoining the site, impacts on the aquifer, slope retention and flood potential have been fully mitigated and is appropriate to the topography of the site.

   B.   Specific Review Criteria For Certain Conditional Uses: In addition to the foregoing, the Planning Commission or Planning and Zoning Administrator, as the case may be, must evaluate the applicant's compliance with each of the following criteria when considering whether to approve, deny or condition an application for each of the following conditional uses or administrative conditional uses:

      1.   Intermittent Commercial Uses: The occasional use of dwellings, community buildings, private clubs, lodges, social or recreational establishments and/or their accessory buildings for commercial purposes may be allowed upon receiving an administrative conditional use permit and provided that there is compliance with the provisions of this subsection. The following standards shall apply to all intermittent commercial uses in addition to any conditions the Planning and Zoning Administrator deems necessary and desirable to protect the public health, safety and general welfare:

         a.   Displays: The display and sales of merchandise should be contained primarily within a building;

         b.   Setback, Clear Vision, Code Compliance: The building proposed for the intermittent commercial use must comply with setback and clear vision area requirements of this title and with applicable Building and Fire Codes;

         c.   Business License Required: A business license from the City is required to conduct an intermittent commercial use;

         d.   Parking: Adequate parking is provided to serve the commercial use that does not create a parking shortage for other existing uses on site;

         e.   Nuisances Or Disturbances: The use does not cause noise, light or glare which adversely impacts surrounding uses.

      2.   Temporary Outdoor Use: Temporary vendors must:

         a.   Written Notification: Notify the City of date, place and duration of their intended use, along with permission in writing from the property owner or event organizer;

         b.   Setback: Must have the use set back twenty five feet (25') from any public street, sidewalk or right-of-way; and

         c.   Hours Permitted: Must last no longer than seventy two (72) hours.

      3.   Minor Telecommunications Facility:

         a.   Purpose; Intent: The purpose of this subsection B3 is to establish general requirements for the siting of wireless telecommunications facilities. The intent is to:

            (1)   Encourage the location of facilities in nonresidential areas;

            (2)   Minimize the total number of monopole facilities throughout the community;

            (3)   Encourage the joint use of new and existing communications sites;

            (4)   Encourage providers of facilities to locate them where the adverse impact on the community is minimal;

            (5)   Encourage providers of facilities to use innovative design to minimize adverse visual impact; and

            (6)   Enhance the ability of the providers of telecommunication services to provide such services to the community quickly, effectively, and efficiently.

         b.   Applicability: The requirements of this subsection B3 apply to both commercial and private wireless telecommunications services, such as "cellular" or "PCS" (personal communications services) communications and paging systems. All facilities shall comply with the following regulations and all other ordinances of the City and any pertinent regulations of the Federal Communications Commission and the Federal Aviation Administration.

         c.   Facility Types And Standards: Wireless telecommunications facilities are characterized by the type and location of the antenna structure. There are four (4) general types of antenna structures: wall mounted; roof mounted; monopoles; and lattice towers. Standards for the installation of each type of antenna are as follows:

            (1)   Wall Mounted Antenna:

               (A)   Wall mounted antennas shall not extend above the wall line of the building or structure or extend more than four feet (4') horizontally from the face of the building or structure.

               (B)   Antennas, equipment and the supporting structure shall be painted to match the color of the building or structure or the background against which they are most commonly seen. Antennas and the supporting structures on the building should be architecturally compatible with the building and the supporting structures on building should be architecturally compatible with the building.

               (C)   Antennas mounted directly on existing parapet walls, penthouses or mechanical equipment rooms, with no portion of the antenna extending above the roofline of such structures, shall be considered a wall mounted antenna.

               (D)   Stealth wall mounted antennas are encouraged and shall be allowed to vary from the provisions of this subsection, as determined by the Planning Commission as part of the conditional use.

            (2)   Roof Mounted Antenna:

               (A)   Roof mounted antennas shall be allowed on top of existing penthouses or mechanical equipment rooms, provided the antennas and antenna mounting structures shall not extend more than eight feet (8') above the existing roofline of the penthouse or mechanical equipment room.

               (B)   For antennas not mounted on a penthouse or mechanical equipment room and on a flat roof, the antennas shall be mounted at least five feet (5') from the exterior wall or parapet wall of the building or structure and shall be measured from the top of the antenna to the roofline of the building, structure or parapet. The height of the antenna shall be equal to the distance the antenna is set back from the exterior wall or parapet wall.

               (C)   Roof mounted antennas on a pitched roof shall be allowed, provided the antennas and antenna support structures do not extend higher than the peak of the roof measured by a horizontal line from the peak extending over the roof.

               (D)   Stealth roof mounted antennas are encouraged and shall be allowed to vary from the provisions of this subsection, as determined by the Planning Commission as part of the conditional use.

            (3)   Monopole:

               (A)   The height limit for monopoles is thirty five feet (35').

               (B)   In Residential Zones, the monopole will only be allowed in conjunction with an existing public or quasi-public use, including but not limited to churches, schools, utilities and parks.

               (C)   No monopoles shall be allowed in the front yard setback of any lot.

               (D)   Stealth monopole facilities are encouraged and shall be allowed to vary from the provision of this subsection, as determined by the Planning Commission as part of the conditional use.

            (4)   Lattice Towers: Lattice towers are not allowed.

         d.   Color/Design: Monopoles, antennas and any associated buildings or equipment shall be painted to blend with the surroundings that are most commonly seen. The color shall be determined on a case by case basis by the Planning Commission as part of the conditional use process. Within six (6) months after the facility has been constructed, the Planning Commission may require the color be changed if it is determined that the original color does not blend well with the surroundings.

         e.   Additional Requirements: The following shall be considered by the Planning Commission as part of the conditional use process:

            (1)   Compatibility of the proposed structure with the height and mass of existing buildings and utility structures;

            (2)   Location of the antenna on other existing structures in the same vicinity, such as other monopoles, buildings, water towers, utility poles, athletic fields, lights, parking lot lights, etc., where possible without significantly impacting antenna transmission or reception;

            (3)   Location of the antenna in relation to existing vegetation, topography, including ridge lines, and buildings to obtain the best visual screening;

            (4)   Spacing between monopoles which create detrimental impacts to adjoining properties;

            (5)   Installation of, but not limited to, curb, gutter, sidewalk, landscaping and fencing.

         f.   Accessory Buildings: Accessory buildings to antenna structures must comply with the required setback, height and landscaping requirements of the zoning district in which they are located. All utility lines on the lot leading to the accessory building and antenna structure shall be underground.

         g.   Nonmaintained Or Abandoned Facilities: The building official may require each nonmaintained or abandoned telecommunications facility to be removed from the building or premises when such a facility has not been repaired or put into use by the owner or agent within ninety (90) calendar days after notice of nonmaintenance or abandonment is given to the owner or agent. The applicant shall post a site specific bond when a permit is issued to guarantee removal of the facility and site restoration. The type of bond and amount shall be determined upon review by the City staff on a case by case basis. No bond shall be required for roof or wall mounted facilities.

         h.   Building Permit Required: A building permit is required for all wireless telecommunication facilities, including, but not limited to, monopoles and roof and wall mounted antennas.

         i.   Temporary Drive Test: Companies wishing to perform drive tests shall submit notice to the Planning Commission stating the location and the date of the proposed test. Antennas in use for the drive tests shall be limited to testing functions only and shall not be used for telecommunication services to customers.

      4.   Storage Land Sea Containers As A Temporary Use: Storage containers greater than one hundred twenty (120) square feet, but less than three hundred (300) square feet are allowed during the construction phase of a project. This use shall be allowed when a building permit for new construction or alteration is approved. This use is of a temporary nature and includes the following standards:

         a.   Number Permitted: No more than two (2) containers on any one property.

         b.   Occupancy Permit Required: Building permit for the construction project requires an occupancy permit. The occupancy permit shall be withheld until the containers are removed.

         c.   Removal: The containers shall be removed within ten (10) days of completion of the project. Failure to remove the containers may result in termination of utility services. (Ord. 19-07, 9-3-2019)

If a sign type is not specifically designated below, then it is prohibited.

 

Note: Continuous illumination of signs is prohibited in this zone.

(Ord. 19-07, 9-3-2019; amd. Ord. 22-23, 11-15-2022)