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Fillmore City Zoning Code

CHAPTER 25

CONDITIONAL USES

10-25-1: PURPOSE:

   There are certain uses that, because of unique characteristics or the potential for detrimental impacts, may not be compatible in some areas of a zone or may be compatible only if certain conditions are imposed to mitigate the detrimental impacts. The land use is permitted in the respective zoning district, but may have impacts deemed detrimental. If the reasonably anticipated detrimental effects of a proposed conditional use cannot be substantially mitigated by the proposal or the imposition of reasonable conditions to achieve compliance with applicable standards, the land use authority may deny the conditional use.
(Ord. 25-08, 10-7-2025)

10-25-2: USE TABLE:

Type
AG
RR
R-2
OFF. RES.
GC
HC
ID
P-Q/P
Type
AG
RR
R-2
OFF. RES.
GC
HC
ID
P-Q/P
Accessory structure, occupied:
A building on the same lot as the principal building, and that is:
   A.   Clearly incidental to, and customarily found in connection with, such principal building;
   B.   Operated and maintained for the benefit of the principal use; and
   C.   A dwelling unit or home office.
C
C
C
C
C
N
N
C
Adult-oriented business: Any or all of the following or any portion of the following: a(n) adult bookstore or adult video store, adult business, adult motion picture theater, adult theater, outcall services, seminude dancing agency, seminude entertainment business, as defined in Title 3, Chapter 11, of the Fillmore City Municipal Code, and similar uses.
N
N
N
N
N
N
C
N
Agricultural industry: An industry or business involving agricultural products in manufacturing, packaging, treatment, sales, or storage, including, but not limited to, food packaging or processing plants, and similar uses as determined by the Planning Commission with a conditional use permit. This definition does not include hog farms, commercial poultry businesses, or rendering facilities.
C
N
N
N
N
C
C
N
Animal Hospital: An establishment where animals are medically treated, lodged, or trained by a licensed veterinarian.
C
N
N
N
N
C
C
N
Apartment: A building that contains four (4) or more dwelling units primarily for rent or lease, or a building that contains an apartment or apartments and also contains other approved uses, such as office or retail space.
N
N
P
N
RMF
N
N
C
Asphalt batch plant: A facility where asphaltic materials are manufactured, including accessory asphalt materials storage and equipment.
N
N
N
N
N
C
P
N
Athletic club: An establishment providing facilities for physical development, exercise, sports, or recreation. Facilities may include exercise equipment, indoor and/or outdoor racquetball or tennis courts, jogging track, swimming pools, ice skating rink, indoor bathing, restaurant or snack bar, and sales of athletic equipment. Facilities may be open to the public for a fee, or available only to persons holding membership.
N
N
C
C
C
N
N
C
Automotive body/paint repair establishment: An establishment primarily engaged in the repair or maintenance of motor vehicles, trailers, and similar large mechanical equipment. Establishments involving auto-body repair and painting services will require a conditional use permit. Not included are automotive salvage yards.
N
N
N
N
P
P
P
N
Bar, tavern, lounge: An establishment intended primarily for the on-premises sale and consumption of alcoholic beverages, open either to the public or operated as a nonprofit private club for members only.
N
N
N
C
P
P
P
N
Cinema, indoor: An enclosed building used primarily for the presentation of motion pictures.
N
N
N
C
P
P
C
N
Cinema, outdoor: An establishment at which motion pictures are projected onto an outdoor screen for viewing by patrons seated in parked motor vehicles.
N
N
N
C
P
P
C
N
Civic club: A building or use, other than a church or school, operated by a nonprofit association or organization for a social, fraternal, political, civic, or philanthropic purpose, which may include a meeting hall and cooking and dining facilities for large groups, but shall not provide overnight lodging.
C
C
C
C
C
C
N
C
Coal yard: The storage of coal in quantities in excess of ten (10) tons and/or the retail or wholesale sale of coal.
N
N
N
N
N
N
C
N
Concrete Plants: Concrete batch plant. A facility where sand, gravel, cement, water, and other materials are turned into concrete, and may be either a drum mix plant or a batch plant, and including batchers and mixers, and accessory materials storage and equipment.
N
N
N
N
N
C
P
N
Condominium: Any structure or parcel that has been submitted to fractionalize ownership under the provisions of the Utah Condominium Ownership Act.
N
N
C
C
C
N
N
C
Drycleaning establishment: An establishment employing volatile or explosive substances for the cleaning or dyeing of fabrics. Excluded from this definition are traditional laundries employing water and soaps in the cleaning of fabrics and patron-operated dry cleaning machines associated with laundromats.
N
N
N
C
P
P
C
N
Dwelling, single, and manufactured/modular home: A building arranged or designed to be occupied by one family, the structure having only one dwelling unit.
P
P
P
P
C
N
N
C
Dwelling, two-family: A building arranged or designed to be occupied by two (2) families, the structure having only two (2) dwelling units.
C
P
P
P
RMF
N
N
N
Dwelling, three-family: A building arranged or designed to be occupied by three (3) families, the structure having only three (3) dwelling units.
N
N
P
N
RMF
N
N
N
Dwelling, four-family: A building arranged or designed to be occupied by four (4) families, the structure having only four (4) dwelling units.
N
N
P
N
RMF
N
N
N
Dwelling, Town home units: Single-family dwelling units of separate ownership having a zero-lot line. Each unit is structurally independent with separate utility connections. The adjoining dwellings may be offset, but not separated from each other. Each side of the townhome shall be considered a single-family dwelling unit, however, one building permit and certificate of occupancy shall be issued for units.
N
N
P
N
RMF
N
N
N
Dwelling, Twin home 2 units: Two (2) single-family dwelling units of separate ownership having a zero-lot line. Each unit is structurally independent with separate utility connections. The adjoining dwellings may be offset but not separated from each other. Each side of the twin home shall be considered a single-family dwelling unit, however, one building permit and certificate of occupancy shall be issued for both units.
N
P
P
P
RMF
N
N
N
Farm animals/livestock: Animals other than household pets that may, where permitted, be kept and maintained on private property.
P
P
P
P
N
N
N
C
Gated communities: A subdivision or residential area where primary access is regulated through a gated entry point.
N
P
P
P
C
N
N
C
Gated communities for industrial developments:
N
N
N
N
C
C
C
N
General merchandise sales and service: Stores, department stores, or shops intended for the sale of goods or merchandise, but not including convenience goods, liquor, motor vehicles, campers, trailers, or lumber.
C
N
N
C
P
P
P
N
Group home: A profit or nonprofit boarding home for the sheltered care of persons with special needs, which, in addition to providing food and shelter, may also provide some combination of personal care, social or counseling services, and transportation. Group home includes congregate living facilities for all persons.
   Assisted living facility
C
C
C
C
C
C
N
C
   Disabled Care
C
C
C
C
C
C
N
C
   Elderly Care
C
C
C
C
C
C
N
C
Heavy/farm equipment sales: Vehicles or equipment in excess of one ton used in farming, construction, or other related services.
P
N
N
N
P
P
P
N
Hotel: A building designed or occupied as the more or less temporary abiding place of fifteen (15) or more individuals who are, for compensation, lodged, with or without meals.
N
N
N
C
P
P
C
N
Industrial Park: A tract of land that is subdivided and developed according to a plan for the use of a community of industries and related uses and that is of sufficient size and physical improvement to protect surrounding areas and the general community and to assure a harmonious integration into the neighborhood.
N
N
N
N
N
N
P
N
Industrial, Light: The manufacturing, compounding, processing, assembling, packaging, or testing of goods or equipment entirely within an enclosed structure, with no outside storage, serviced by small (3/4 ton) trucks or vans, and imposing a nearly negligible impact upon the surrounding environment by noise, vibration, smoke, dust, or pollutants.
C
N
N
N
C
C
P
N
Industrial, medium: The manufacturing, compounding, processing, assembling, packaging, or testing of goods or equipment within an enclosed structure, or an open yard that is capable of being screened from neighboring properties, is serviced by trucks or other vehicles, and whose environmental impact is within the industrial performance standards as outlined in this title.
C
N
N
N
C
C
P
N
Industrial, Heavy:
C
N
N
N
N
C
P
N
Kennel, commercial: A shelter for or a place where more than three (3) dogs or cats are bred, boarded, or trained for monetary gain.
C
N
N
N
C
C
N
N
Kennel, private: A shelter for or a place where more than three (3) and no more than five (5) dogs and cats are bred, boarded, or trained for no monetary gain.
N
C
N
N
N
N
P
N
Liquor store: A retail sales store authorized by the Utah Alcoholic Beverage Control Commission to sell packaged alcoholic beverages for off-premises consumption.
N
N
N
C
P
P
P
N
Lumber sales/storage: The sale and display of lumber and building supplies, including the outside storage of lumber and related merchandise.
C
N
N
C
C
C
P
N
Master planned development: A form of development characterized by a comprehensive and unified site plan and design reviewed under the master planned development review processes described in each zone chapter or article of this title. The MPD generally includes a number of housing units; a mix of building types and land uses; clustered buildings designed to integrate one with another and to complement the surrounding land uses; significant open space; flexible in interior setbacks, heights, and density; and valued community amenities.
C
C
P
C
C
N
N
C
Mental health center: A publicly or privately operated facility, intended for the diagnosis and treatment of mental or emotional disorders.
N
N
N
C
C
C
N
N
Military surplus store: New or used military equipment, vehicles or supplies, which are available for resale to the general public.
N
N
N
C
P
P
P
N
Public rights-of-way: An area of land that is legally described in a registered deed for the provision of public access.
P
P
P
P
P
P
P
P
Public use: A use operated exclusively by a public body, or quasi-public body, such use having the purpose of serving the public health, safety, or general welfare, and including, but not limited to, parks, recreational facilities, administrative and service offices and facilities, and public utilities, and found by the commission to conform to the general plan, or has been considered by the commission and the board of county commissioners has approved the proposed location and/or public use as an amendment to the general plan. Public uses do not include an animal control facility, landfill, water treatment plant, sewer treatment plant, airport, heliport, correctional facility, or liquor store (state-owned). See section 10-17-3 of this title.
C
C
C
C
C
C
C
C
Public utility: A water, sewer, telephone, cable television, power, or other utility facility, which is located underground and buried beneath the surface or located above the surface of the ground and found by the city to conform to the general plan, or has been considered by the Public Works Director and has approved the proposed location as an amendment to the general plan. Public utility does not include electric transmission right of way (major) or (minor), electric generating facility, electric substation (major) or (minor), gas pipeline right of way (major) or (minor), natural or manufactured gas storage, petroleum pipeline right of way (major) or (minor), or wind energy system (major) or (minor).
C
C
C
C
C
C
C
C
Recreational activity specialties: An area or facility that offers entertainment or recreation and may include, as accessory uses, associated eating and drinking areas, retail sales areas, staff offices, and maintenance facilities. This use may include a golf course, miniature golf facility, and facilities for equestrian-related activities, including riding arena and a rodeo arena. This use also includes shooting range, go-kart, motor vehicle, and/or motorbike tracks, or similar activities that may create noise, dust, or other impacts to adjoining properties and uses.
C
C
N
C
P
P
P
N
Recreational vehicle park:
1.   Any area or tract of land or separately designated section where lots are rented to one or more owners or users of recreational vehicles for a temporary time.
2.   Cabins in an RV Park will have additional standards to follow.
C
N
N
N
C
C
N
N
Resort: A facility which serves as a destination for guests and generally provides recreational or personal development facilities and may include both on-site and off-site activities and services, including food, overnight lodging, equipment rentals, entertainment, and other conveniences for guests of the resort. Guest residency is limited to no longer than 60 calendar days. See section 10-17-33 of this title.
C
N
N
N
C
C
N
N
School, public: In Utah, a public school is defined as a school that is open to all students, funded by public sources (primarily taxes), and accountable to the public. This includes traditional district schools, charter schools, and the Utah Schools for the Deaf and the Blind.
C
N
N
N
N
N
N
P
School, private, quasi-public: Owned and operated by an individual, religious institution, partnership, or a corporation other than the state, a subdivision of the state, or the federal government.
C
N
N
N
N
N
N
P
Sexually oriented business or activity: A use or facility providing adult and/or sexually oriented activities and entertainment, including, but not limited to, adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, or nude or seminude model studio. See section 10-18-21 of this title.
N
N
N
N
N
N
C
N
Shopping center-community: A completely planned and designed commercial development providing for the sale of general merchandise and convenience goods and including a variety store, discount store, or supermarket.
N
N
N
C
P
P
P
N
Skating-roller board park:
C
C
C
N
C
C
N
C
Slaughterhouse, Meat and Poultry: Meat or poultry processing facility. A facility for the commercial processing of meat and poultry for human consumption, including, but not limited to, the slaughtering, butchering, cutting, dressing, and packaging of meat and poultry products.
C
N
N
N
N
N
P
N
Small engine repair: An establishment engaged in the repair and maintenance of small engines with an engine displacement size no greater than two thousand (2,000) cc. This includes, but is not limited to, motorcycles, OHVs, ATVs, home and garden tools and equipment, outboard motor watercraft (engine removed), snowmobiles, chainsaws, and other similar small engines.
C
N
N
C
P
P
P
N
Stable, public: A detached accessory structure used for the keeping and housing of livestock by the occupants of the premises.
P
N
N
N
N
N
N
C
Storage containers: A container fabricated for the purpose of transporting freight or goods on a truck, railroad or ship, including cargo containers, shipping containers, storage units, or other portable structures that are placed on private property and used for storage of items, including, but not limited to, clothing, equipment, goods, household or office fixtures or furnishings, materials and merchandise.
C
C
C
C
C
C
C
C
Shipping container storage facility:
C
N
N
N
C
C
P
N
Subdivision (compliance with chapter 18 of this title):
N
P
P
C
P
N
N
C
Telecommunications facility 45' in height:
C
C
C
C
C
C
C
C
Warehouse storage units-commercial only: A structure in which goods, merchandise, or equipment are stored for eventual distribution, or for which storage space is rented. For all zones, except the light industrial zoning district, such a structure must be a building. For the light industrial zoning district, only a warehouse storage unit may include cargo shipping containers as provided in Section 10-9A-101 et seq., upon approval of a conditional use permit.
N
N
N
N
N
N
P
N
Welding machine shop: A building or structure where pieces of metal are welded.
C
N
N
C
C
C
P
N
 
(Ord. 25-08, 10-7-2025)

10-25-3: PERMIT REQUIREMENTS:

Except for a use that is legal non-conforming, it shall be unlawful to conduct a use designated as a conditional use within the respective zoning district without first obtaining a conditional use permit.
   A.   To apply for a conditional use permit, an applicant shall submit the following:
      1.   Complete application;
      2.   Site plan showing the location of the building(s), uses, parking, ingress/egress, landscaping, external lighting, signage, storage, fencing, and any other information requested to assist the land use authority to make an informed decision;
      3.   Written explanation of the specific activities associated with the conditional use permit and any steps taken to mitigate impacts on adjacent properties and the neighborhood at large;
      4.   Elevations and/or building plans for any new or remodeled structures and plans for any site improvements; and
      5.   Payment of application fee.
(Ord. 25-08, 10-7-2025)

10-25-4: REVIEW:

   A.   The Planning and Zoning Administrator shall review all applications for a conditional use permit according to the following procedure:
      1.   Development Review Committee: An applicant may attend a pre-application conference with the Planning and Zoning Administrator and other City staff or departments to discuss the proposed improvements associated with the conditional use and the conditions that the staff would recommend to mitigate proposed adverse impacts. This meeting will allow other City departments to provide comments on the application.
      2.   Public Comment: Within fourteen (14) days of receipt of a complete application, the Planning and Zoning Administrator shall provide written notification of the proposed conditional use to all property owners within two hundred feet (200') of the property and utility providers/public works. A public hearing is not required. The purpose of public comment is a fact-finding mission to provide both the applicant and the City information about the scope of potential detrimental impacts and mitigation measures, and the reasonable viability of the measures to sufficiently mitigate the detrimental impact.
      3.   The Planning and Zoning Administrator shall approve the proposed conditional use if reasonable conditions are proposed, or can be imposed, to mitigate the reasonably anticipated detrimental effects of the proposed use in accordance with applicable standards. If the reasonably anticipated detrimental effects of the proposed use cannot be substantially mitigated by the proposal or the imposition of reasonable conditions to achieve compliance with applicable standards, the conditional use may be denied.
      4.   The applicant can appeal the decision of the Planning and Zoning Administrator, in writing, within ten (10) days of the decision and as outlined in section 10-3-11 of this code.
   B.   Factors and criteria to consider include:
      1.   Compliance: The application complies with all applicable provisions of this title, and State and Federal law;
      2.   The nature of the surrounding neighborhood and detrimental impacts from the proposed use that are reasonably likely to occur;
      3.   Measures to reduce noise, pollution, debris, vibration, and smell or odor;
      4.   Exterior Lighting: That exterior lighting complies with the lighting standards of the zone, such as lighting and light shielding, and similar standards;
      5.   Restrictions on hours of operation;
      6.   Structure Compatibility: The structures associated with the use are compatible with surrounding structures in terms of use, scale, density, and circulation;
      7.   Impacts on and improvements to roads, streetscape, trails, curbs, gutters, sidewalks, and vehicular circulation. This may include turn lanes, pedestrian access, trails or bike infrastructure, capacity of the existing streets, installation of curb and gutter, or any other improvement necessary to mitigate detrimental impacts;
      8.   Utility Capacity: Impacts on and capacity to include power, natural gas, sewer, water, and stormwater. Specifically, the City's Public Works Director and those owning or maintaining other utilities or waterways - including gas, power, and water conveyance facilities - must be notified of applications for CUPs pursuant to subsection 10-20-30A2;
      9.   Emergency Vehicle Access: There is sufficient emergency vehicle access;
      10.   Off-Street Parking: The location and design of off-street parking are in compliance with current off-street parking standards;
      11.   Fencing, Screening, Landscaping: A plan for fencing, screening, and landscaping to create a buffer between adjoining uses and mitigate the potential for conflict in uses;
      12.   Crowd management, pedestrian facilities, and vehicular circulation;
      13.   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;
      14.   Other impacts on city systems and residents.
(Ord. 25-08, 10-7-2025)

10-25-5: DURATION:

   A.   Transferability: A conditional use permit runs with the land and expires one year from the date of initial approval unless the conditionally permitted use has commenced on the site, in which case the permit shall remain active and not expire until any one of the following occurs:
      1.   The use has ceased, in which case the permit shall lapse upon one year of inactivity, the permit is otherwise revoked as outlined in this chapter; or
      2.   The use has become a permitted and conforming use in the applicable zone.
   B.   Annual Review: The Planning and Zoning Administrator may review conditional use permits on an annual basis for compliance with all final conditions of approval.
   C.   Revocation: If the Planning and Zoning Administrator or the building official determines that the holder of a conditional use permit is in violation of the terms or conditions upon which the permit was issued, the City Recorder shall notice the permit holder and schedule a hearing before the Planning Commission, at which the permit holder must show cause to the Planning Commission why the conditional use permit should not be revoked. If the Planning Commission determines that the terms or conditions of the permit have been violated, it shall cause the permit holder to specify how the holder will promptly comply with the terms and conditions of the permit, or it shall revoke the permit.
   D.   Appeals: Appeals must be pursuant to section 10-3-11 "Appeals and Reconsideration Process".
(Ord. 25-08, 10-7-2025)

10-25-6: SPECIFIC USE REGULATIONS:

   A.   Kennel Permit: Only allowed in specified zones. Permit Must Be Renewed Annually:
      1.   Enclosures must be provided which shall allow adequate protection against the weather.
      2.   Floors of buildings, runs, and walls shall be of an appropriate material as required by the specific breed of dog, and also to permit proper cleaning and disinfecting.
      3.   Adequate ventilation shall be maintained and appropriate for the specific breed of dog housed therein.
      4.   Each animal shall have sufficient space to stand up, lie down, and turn around without touching the sides or tops of cages.
      5.   Runs shall provide an adequate exercise area and protection from the weather.
      6.   All animal quarters and runs are to be kept clean, dry, and in sanitary condition.
      7.   The food shall be free of contamination, palatable, and of sufficient nutritive value as to meet the normal daily requirements for the condition and size of the animal.
      8.   Fresh water is to be available at all times. Water vessels shall be mounted or secured in a manner that prevents tipping and shall be of the removable type.
      9.   The proposed kennel must be one hundred fifty feet (150') from any neighboring house and fifty feet (50') from any road.
   B.   Concrete/Asphalt Batch Plants:
      1.   Due to the potential for noise, dust, and pollutants, the land use authority shall consider the nature of surrounding properties, the potential for noise, dust, and pollutants from the concrete batch plant, and the potential harm to those surrounding properties. To mitigate the impact, consideration should be given to require landscape buffers, fencing, additional setbacks, and modifications to site design. The conditional use permit shall specify the measures taken and how they are reasonably anticipated to mitigate the harm.
      2.   The city engineer shall review and make recommendations regarding the vehicular routes for commercial trucks accessing the batch plant and determine whether the streets accessing the plant are adequately designed to accommodate commercial travel.
      3.   The city engineer shall review access to and from the site to determine the impact on city streets and recommend actions to reduce damage to city streets from vehicles exiting the batch plant. Under no circumstances shall residential roads be used as part of a truck route.
      4.   The utility systems shall be sufficient to accommodate the batch plant
      5.   If the street design, access, or utility systems are inadequate, the application may be denied. An applicant may take curative measures by providing off-site or system improvements to better facilitate the use.
      6.   No portion of the batch plant shall be within five hundred feet (500') of an existing residence. If any portion of the batch plant is within five hundred feet (500') of a residential property or a property zoned residential, a landscape buffer of at least ten feet (10') wide shall be required. The applicant is responsible to provide a landscape plan that shows how the proposed vegetation will effectively shield residential properties from impacts.
   C.   Automobile Repair And Auto Body Work:
      1.   Any outdoor storage, if permitted, shall be screened.
      2.   The front setback and all areas in front of the primary structure shall be kept free of repair, restoration, and other bodywork.
      3.   All vehicle parking shall be on site, this includes vehicles under repair, staging, employee, and patron parking.
      4.   Areas used for painting shall meet all state and federal regulations. The land use authority may require additional measures to protect nearby properties from fumes.
      5.   Depending on compatibility with neighboring properties, a landscape buffer may be required to reduce noise, fumes, and pollutants, and any visual clutter.
   D.   Meat, Poultry, And Slaughterhouses:
      1.   Slaughterhouses or meat processing plants, and related activities, are typically not harmonious with other land uses. Due to the potential for adverse impacts on surrounding properties, slaughterhouses and the keeping of animals or any facility used in the slaughtering of animals shall be at least three hundred feet (300') from any adjacent parcel zoned for residential or commercial uses and at least three hundred feet (300') from any existing or proposed residential dwelling or commercial business.
      2.   All slaughterhouses shall have a perimeter landscaping buffer. In instances where there is visual proximity from residential, office, or retail use, a landscape plan will show the location and type of landscaping and how it will reasonably shield the view of operations.
      3.   All slaughterhouses shall satisfy the requirements of the drinking water source protection plan.
      4.   Delivery of animals to be slaughtered shall not have a negative impact on existing or proposed residential or commercial uses.
      5.   Retail sales are not permitted on-site.
   E.   Outdoor Cinema: Careful steps shall be taken to limit the impact of the outdoor cinema to the impact of the uses typically found in the zone. At a minimum, the following shall be considered:
      1.   Measures to shield light and sound;
      2.   Landscape buffers to block light, sound, and smell, with special attention given to protecting residential and agricultural properties;
      3.   A circulation and parking plan that provides safe vehicular and pedestrian movement;
      4.   Hours of operation appropriate for the community context;
      5.   Travel demand and capacity;
      6.   Safety for the pedestrian of the surrounding streets used to access the theater; and
      7.   Any other design features to reduce the adverse impacts on the surrounding community.
   F.   Gated Communities: Applicants must comply with the following standards:
      1.   Scope: The applicants have demonstrated a need for an entry gate to effectively control ongoing negative health, safety, and welfare issues; or, in highly unique circumstances, excessive non-neighborhood parking or traffic on a regular basis.
      2.   Private Street: The private street is not a through street, and traffic circulation through the neighborhood to other parts of the community is not impacted.
      3.   Setback Of Entry Gate: The entry gate shall be set back twenty-five feet (25'),
      4.   Building Permit Required: A building permit for the gate must be approved.
      5.   Design Standards: The entry gate shall meet the following design standards:
         a.   The clearance distance from the gate bottom to the ground shall be a minimum of two feet (2').
         b.   The maximum height from the bottom to the top rail shall be three feet (3').
         c.   The gate will be constructed from visually open materials that shall not obstruct more than fifty percent (50%) visibility (i.e., open fencing).
         d.   Fencing adjacent to the gate shall not exceed a height of four feet (4') for solid fencing materials and six feet (6') for open materials.
         e.   Columns added for architectural interest shall not exceed nine feet (9').
         f.   The gate design shall be minimal in height and scale to accomplish the goal of preventing unauthorized access.
      6.   Access Plan: An access plan for emergency services and authorized City representatives shall be provided to and approved by the City.
      7.   Location: A gated community shall not interfere with the streets Master Plan for any planned or existing collector or arterial status road, nor shall block or remove access for any existing public trail or area of public lands access.
(Ord. 25-08, 10-7-2025)

10-25-7: CONDITIONAL USE STANDARDS OF REVIEW:

The City shall not issue a conditional use permit unless the Planning and Zoning Administrator fully mitigates all identified adverse impacts and complies with the following general standards applicable to all conditional uses or administrative 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 Conditions: 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 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.   Accessory Structure (Occupied): See Chapter 10-20 Accessory Dwelling Units.
      2.   Childcare Facility/Center:
         a.   Application: Each application for a childcare facility or center must include and comply with:
            (1)   Proof of application for State childcare license;
            (2)   Compliance with State, Federal, and local law;
            (3)   A design that does not include a front yard playground;
            (4)   A parking and traffic plan that adequately mitigates the adverse impacts of increased traffic in the neighborhood.
         b.   Number Permitted: Childcare providers operating as a childcare center in their own dwelling may not exceed sixteen (16) children at any given time, including the provider's own children twelve (12) years of age or younger.
         c.   Infants: Childcare providers operating as a childcare center in their own dwelling may not provide services for more than two (2) infants.
      3.   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.
      4.   Small Engine Repair: Each application for a small engine repair shall be reviewed as a home occupation using the review criteria outlined in subsection B5 of this section.
      5.   Home Occupation: See Chapter 10-23 Home Occupations.
      6.   Gated Communities: Applicants must comply with the following standards:
         a.   Scope: The applicants have demonstrated a need for an entry gate to effectively control ongoing negative health, safety, and welfare issues; or, in highly unique circumstances, excessive non-neighborhood parking or traffic on a regular basis.
         b.   Private Street: The private street is not a through street, and traffic circulation through the neighborhood to other parts of the community is not impacted.
         c.   Setback Of Entry Gate: The entry gate shall be set back twenty-five feet (25');
         d.   Building Permit Required: A building permit for the gate must be approved.
         e.   Design Standards: The entry gate shall meet the following design standards:
            (1)   The clearance distance from the gate bottom to the ground will be a minimum of two feet (2');
            (2)   The maximum height from the bottom to the top rail shall be three feet (3');
            (3)   The gate shall be constructed from visually open materials that will not obstruct more than fifty percent (50%) visibility (i.e., open fencing);
            (4)   Fencing adjacent to the gate shall not exceed a height of four feet (4') for solid fencing materials and six feet (6') for open materials;
            (5)   Columns added for architectural interest shall not exceed nine feet (9');
            (6)   The gate design shall be minimal in height and scale to accomplish the goal of preventing unauthorized access.
         f.   Access Plan: An access plan for emergency services and authorized City representatives shall be provided to and approved by the City.
      7.   Temporary Outdoor Use: Temporary vendors must:
         a.   Notification In Writing: Notify the City of the date, place, and duration of their intended use, along with permission in writing from the property owner or event organizer;
         b.   Setback: Have the use set back twenty-five feet (25') from any public street, sidewalk, or right-of-way; and
         c.   Hours Permitted: Last no longer than seventy-two (72) hours.
      8.   Minor Telecommunications Facility:
         a.   Purpose; Intent: The purpose of this subsection B8 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 B8 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 building should be architecturally compatible with the building and the supporting structures on the 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 and Zoning Administrator as part of the administrative 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 and Zoning Administrator as part of the administrative 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 provisions of this subsection as determined by the Planning and Zoning Administrator as part of the administrative conditional use.
            (4)   Lattice Towers: Lattice towers are not allowed.
               (A)   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 and Zoning Administrator as part of the administrative conditional use process. Within six (6) months after the facility has been constructed, the Planning and Zoning Administrator may require the color to be changed if it is determined that the original color does not blend well with the surroundings;
               (B)   Additional Requirements: The following shall be considered by the Planning and Zoning Administrator as part of the administrative conditional use process:
               (C)   Compatibility of the proposed structure with the height and mass of existing buildings and utility structures;
               (D)   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;
               (E)   Location of the antenna in relation to existing vegetation, topography, including ridge lines, and buildings to obtain the best visual screening;
               (F)   Spacing between monopoles which create detrimental impacts to adjoining properties;
               (G)   Installation of, but not limited to, curb, gutter, sidewalk, landscaping, and fencing;
               (H)   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;
               (I)   Non-maintained Or Abandoned Facilities: The building official may require each non-maintained 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 non-maintenance or abandonment is given to the owner or agent. The applicant shall post a site-specific bond when a permit is issued to guarantee the 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;
               (J)   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.
      9.   Temporary Drive Test: Companies wishing to perform drive tests shall submit notice to the Planning and Zoning Administrator 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.
      10.   Recreational Activity Specialties: The following recreational activities specialties shall be allowed as conditional uses:
         a.   Off-Highway Vehicles: Recreational activities involving off-highway vehicles and similar motorized vehicles for recreational use.
         b.   Equine Activities: Horse arenas, equestrian parks, and equine activity, including, but not limited to equine shows, fairs, competitions, performances, racing or sales that involve any breeds of equines and any equine disciplines; boarding or training equines; teaching persons equestrian skills; and other equine activities as determined by the Planning Commission to be consistent with this subsection.
         c.   Other Activities: Any other recreational activity as determined by the Planning Commission to be consistent with this district.
      11.   Gated Communities For Industrial Developments: Applicants must comply with the following standards:
         a.   Need Established: The applicants have demonstrated a need for an entry gate to effectively control ongoing negative health, safety, and welfare issues; or, in highly unique circumstances, excessive non-neighborhood parking or traffic on a regular basis.
         b.   Private Street: The private street is not a through street, and traffic circulation through the neighborhood to other parts of the community is not impacted.
         c.   Setback Of Entry Gate: The entry gate shall be set back twenty-five feet (25').
         d.   Building Permit Required: A building permit for the gate must be approved.
         e.   Design Standards: The entry gate shall meet the following design standards:
            (1)   The clearance distance from the gate bottom to the ground shall be a minimum of two feet (2');
            (2)   The maximum height from the bottom to the top rail shall be three feet (3');
            (3)   The gate will be constructed from visually open materials that will not obstruct more than fifty percent (50%) visibility (i.e., open fencing);
            (4)   Fencing adjacent to the gate shall not exceed a height of four feet (4') for solid fencing materials and six feet (6') for open materials;
            (5)   Columns added for architectural interest shall not exceed nine feet (9');
            (6)   The gate design shall be minimal in height and scale to accomplish the goal of preventing unauthorized access.
         f.   Emergency Access Plan: An access plan for emergency services and authorized City representatives will be provided to and approved by the City.
      12.   Sexually Oriented Businesses: The purpose and objective of this subsection B12 is to establish reasonable and uniform regulations to prevent the concentration of sexually oriented businesses or their location in areas deleterious to the health, safety, and welfare of the City, and to prevent inappropriate exposure of such businesses to the community. This subsection B12 regulates the time, place, and manner of the operation of sexually oriented businesses, consistent with the United States and Utah State Constitutions. See also title 3, chapter 11, "Sexually Oriented Businesses", of this Code.
         a.   Location: No sexually oriented business may be located within one thousand feet (1,000') of any:
            (1)   School, childcare facility, cemetery, public park, library, or religious institution;
            (2)   Residential zoning boundary;
            (3)   Liquor store; or
            (4)   Other sexually oriented business.
         b.   Measuring Distance: For the purposes of this subsection, distance is measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which the sexually oriented business is located and:
            (1)   The closest exterior wall of another sexually oriented business;
            (2)   The closest property line of any school, childcare facility, public park, library, cemetery, or religious institution; and
            (3)   The nearest property line of any Residential Zone.
      13.   Storage Containers:
      Storage Container Defined: For purposes of this subsection B13 only, "storage container" shall mean a storage container or storage unit, or sea container, including, but not limited to, a storage of one hundred twenty (120) square feet but no more than three hundred (300) square feet.
      Trailers that are commonly described as a storage container or storage unit, including, but not limited to, semitrailers, cargo trailers, and any other similar unit with storage, are not allowed.
      "Temporary storage container" shall mean any storage container greater than one hundred twenty (120) square feet but less than three hundred (300) square feet permitted as a temporary use during the construction or alteration of a building, and allowed as a conditional use issued with a building permit;
         a.   Requirement to follow the International Building Code development standards.
         b.   Conditional use permit and building permit required before setting storage containers.
         c.   Number Permitted: A maximum of two (2) storage containers, either temporary or permanent, per business shall be allowed as a conditional use in all zones;
         d.   Requirement for a security fence with visibility sufficient to allow visibility to units and deter criminal activities
         e.   Setback: Storage containers shall be required to have a setback from the primary building or structure. Permanent storage containers shall be painted a color to match the primary building or structure or, in the direction of the Planning Commission, shall be painted a neutral color. Storage containers shall be placed on a gravel or concrete pad or similar material.
         f.   Prohibition against stacking shipping containers;
         g.   Requirement to provide a site plan, which addresses and includes plans for sufficient ingress, egress, and access to and from units, as well as a stormwater drainage and retention plan as part of the building permit process;
         h.   Removal: Temporary storage containers shall be removed within ten (10) days of completion of the construction and prior to the issuance of an occupancy permit. Failure to remove the containers may result in the termination of utility services.
      14.   Security Watchman Dwelling:
      Purpose: Limited use to allow a security guard or watchman opportunity to secure property on-site and protect against theft, trespassers, and vandalism. This use is not for the purpose of residential rentals dwellings or for the purpose of accruing residential rental income. It is limited to two (2) security watchman employees.
         a.   Additional Development Standard:
            (1)   No Standalone Dwelling Unit: The security watchman's dwelling must be located within or attached to the industrial structure. A separate dwelling unit, including an RV or travel trailer, mobile home, home, or other standalone structure, is prohibited.
            (2)   No Separate Utilities: Existing utility laterals and service connections will need to be inspected and upgraded as deemed necessary by the utility provider. Establishment of a security watchman's dwelling does not authorize an additional connection or utility meter. The property shall have no more than one (1) connection and meter for each utility service.
            (3)   Maximum Area: A security watchman dwelling shall be no more than nine hundred square feet in area (900 sq. ft.).
            (4)   Compliance With Law: A security watchman dwelling shall be compliant with all state statutes and regulations, and all ordinances and resolutions of the City, including adopted codes of the City pursuant to Fillmore City Municipal Code Title 9, Chapter 1.
            (5)   Business License Required: Upon application, and annually thereafter, a business license shall be submitted by the security watchman in compliance with Fillmore City Municipal Code, Title 3, Chapter 1. In conjunction with such a business license, the applicant must submit proof of employment and compliance with this section, which may include a signed affidavit by the security watchman that such security watchman is following the conditions required herein and within an approved conditional use permit.
      15.   Warehouse Storage Units:
         a.   Site Plan And Permit Required:
            (1)   The construction and design shall be in accordance with and follow the International Building Code.
            (2)   A site plan must be provided, addressing and including plans for sufficient ingress, egress, and access to and from units as well as stormwater drainage and retain prior to approval of a building permit.
            (3)   The minimum lot and development standards under section 10-9A-3 must be followed, including the minimum area, width, and setbacks.
            (4)   This use may not be combined with other uses, commercial or otherwise, on the same property.
         b.   Use: Shipping containers shall only be used to store the same items as similar self-storage facilities, such as personal household items. business supplies, etc.
         c.   Exterior:
            (1)   Shipping containers must be uniform in color and shall be beige, brown, or a similar color.
            (2)   Security fencing shall be constructed around the perimeter in accordance with title 10, chapter 21, with sufficient visibility to allow patrolling law enforcement the ability to view the units.
         d.   Prohibition: The following practices are prohibited:
            (1)   Stacking of shipping containers.
            (2)   Storage of hazardous materials within shipping containers.
            (3)   Occupancy of humans or animals within shipping containers.
            (4)   Utility connection to shipping containers.
            (5)   Container Yard Practices: If containers are added or removed to the site, the applicant must first receive approval under this section after submitting a revised site plan.
(Ord. 19-07, 9-3-2019; amd. Ord. 24-05, - -2024; Ord. 24-06, - -2024; Ord. 24-22, 10-15-2024; Ord. 25-08, 10-7-2025)