Fillmore City Zoning Code

The purpose of this chapter is to create an Agricultural Zone which:

   A.   Agricultural Uses Protected: Allows for and protects agricultural uses within the City by controlling density and coverage and providing for compatible land uses.

   B.   Residential Uses Protected: Protects nearby residential uses from possible objectionable effects of certain agricultural operations, such as livestock raising and storage of fertilizer. (Ord. 19-07, 9-3-2019)

   C.   Permits uses, including conditional uses, as outlined in the Land Use Appendix. (Ord. 19-07, 9-3-2019; amd. Ord. 24-14, 5-7-2024)

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

 

(Ord. 19-07, 9-3-2019; amd. Ord. 21-20, 1-4-2021; Ord. 24-14, 5-7-2024)

 

 

   A.   One Principal Structure on Lot: Only one principal structure is permitted on a single lot.

   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, 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.

   D.   Public Utility Stations: In any zone where residences are allowed, public utility stations 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; Ord. 24-14, 5-7-2024)

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 features 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.

   C.   Fencing: Any fencing shall meet the standards of the Fencing Ordinance found in Chapter 25.

   D.   Parking: All parking shall meet the parking standards for the respective use found in the Parking Ordinance, Chapter 14.

   E.   Home Occupations: Home Occupations shall meet the standards in Title 10, Chapter 23, Home Occupations.

   F.   Temporary Uses: Temporary Uses shall meet the standards in Title 10, Chapter 21, Temporary Use Ordinance. (Ord. 19-07, 9-3-2019; Ord. 24-14, 5-7-2024)

Parking standards in chapter 14 of this title also apply to the following on site parking requirements:

 

(Ord. 19-07, 9-3-2019; amd. Ord. 21-20, 1-4-2021)

Any proposal for new development or redevelopment in excess of ten (10) acres in the zone shall be master planned to assure coordination of design, mitigation of adverse impacts and common open space. The master plan commits the owner to a specific, detailed development plan as listed below:

   A.   Development Requirements: All master planned development applications must include:

      1.   Pedestrian Access: Planned access for pedestrian use;

      2.   Open Space: A minimum of fifteen percent (15%) of the land as improved common open space to include such uses as: mini parks, picnic, playground, recreation structures, etc.;

      3.   Easement: A designated permanent easement on and over all open spaces to guarantee that the open space remains in recreation use, with the ownership and maintenance the responsibility of the owners' association; and

      4.   Articles, Bylaws: Adopted articles of association and bylaws that are satisfactory to the City and are in compliance with State and Federal laws.

   B.   Incentives For Master Planned Development Design: The Planning Commission may recommend the following incentives for master planning:

      1.   Setback, Yard Reductions: Reduction of setbacks and required yard, subject to the International Building Code.

      2.   Private Roads, Reduced Right-Of-Way: Allow for the development of private roads and reduced right-of-way areas.

      3.   Parking Reduction: Reduce required parking, based on an analysis that shows:

         a.   The proposed number of vehicles required by the typical tenant mix of the project;

         b.   A comparison of similar projects and proposed occupancy;

         c.   The parking needs of nonresidential uses;

         d.   A shared parking plan and plan for overflow parking. (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 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 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.   Accessory Structure (Occupied): New development of an accessory structure intended for human occupancy is a conditional use and shall meet the following development standards:

         a.   Distance From Main Building: The accessory structure must be located no less than six feet (6') from the main building;

         b.   Location; Setback: The accessory structure must be located in either the rear or side yard, with no less than a ten foot (10') setback from the rear and side lot lines, unless the accessory structure is located at the front yard setback of an adjacent corner lot, in which case, the side yard setback to the nearest side lot line must be at least fifteen feet (15');

         c.   Height: The accessory structure height may not exceed twenty four feet (24') to the mid point for a sloped roof and twenty feet (20') to the cornice for a flat roof;

         d.   Area: The maximum area of an occupied accessory structure is the larger of nine hundred (900) square feet or thirteen percent (13%) of the lot area. No more than six hundred (600) square feet of the accessory structure shall be used for human occupancy.

      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 imparts surrounding uses.

      4.   Home Occupation: Each application for a business license for a home occupation shall include the owner's agreement that the proposed use:

         a.   Outdoor Storage; Vehicle Parking: Shall not include outdoor storage, outdoor display of merchandise, nor parking/storage of any vehicle in excess of twelve thousand (12,000) pounds' gross vehicle weight;

         b.   Signage: Shall not include identifying signage in excess of a six (6) square foot nameplate, attached to the dwelling;

         c.   Employees: Is limited to the on site employment of immediate family members who occupy the dwelling (this criteria is not intended to limit the number of employees who are engaged in business for the home occupation but work off premises);

         d.   Residential Character Maintained: Shall not alter the residential character or appearance of the dwelling or neighborhood;

         e.   Occupancy Limitation: Shall not occupy more than twenty five percent (25%) of the main floor of the dwelling, nor more than fifty percent (50%) of the floor area of any garage or outbuilding in which the use is conducted;

         f.   Traffic: Shall not generate business related vehicular traffic in excess of three (3) vehicles per hour;

         g.   Demand For Services: Shall not cause a demand for Municipal services in excess of that associated with normal residential use;

         h.   Enclosed Within Structure: Shall be enclosed within a structure in complete conformity with International Building Codes as adopted by the City; and

         i.   Prohibited Uses: Is not a mortuary, animal hospital, kennel, clinic, hospital, RV service, junkyard, auto repair service, public stable or sexually oriented business.

      5.   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 shall be a minimum of two feet (2');

            (2)   The maximum height from the bottom to 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.

      6.   Storage Land Sea Containers As 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; amd. Ord. 24-05, - -2024)

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

 

Note: Continuous illumination of signs is prohibited except for billboards on the I-15 corridor in this zone.

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