Fillmore City Zoning Code

The purpose of this article is to create a Rural Residential Zone which is intended as a permanent Residential District for those areas of the community where it is desirable to maintain low residential densities and to allow uses as outlined in the Land Use Appendix. (Ord. 19-07, 9-3-2019; amd. Ord. 24-15, 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. 24-15, 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 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.

   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. 24-15, 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: All 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, 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; amd. Ord. 24-15, 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; and

         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 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: 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.

      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 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.   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; 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 in this zone.

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

   The purpose of this article is to create a Residential Zone that provides for a compatible mixture of single- and multi-family dwellings.

(Ord. 19-07, 9-3-2019; amd. Ord. 24-20, 8-6-2024; Ord. 25-01, 7-1-2025)

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

 

(Ord. 19-07, 9-3-2019; amd. Ord. 21-16, 9-21-2021; Ord. 21-20, 1-4-2021; amd. Ord. 24-20, 8-6-2024; Ord. 25-01, 7-1-2025)

 

 

   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.   Corner Lot: A corner lot shall have one front, two sides, and one rear. For setback purposes, front is determined by the building’s orientation relative to street as well as building address. For sidewalk, curb, and gutter, sidewalk is required along lot frontage and along lot side adjacent to street for all corner lots.

   D.   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.   Multi-Family Structures And/Or Units: Farm animals and/or livestock are prohibited from being kept, bred, and/or maintained at any property on which a multi-family structure is located.

(Ord. 19-07, 9-3-2019; amd. Ord. 21-11, 7-6-2021; Ord. 21-16, 9-21-2021; Ord. 23-09, 6-6-2023; Ord. 24-20, 8-6-2024; Ord. 25-01, 7-1-2025)

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.

   C.   Fencing: All fencing shall meet the standards of the fencing ordinance found in Title 10, Chapter 21, Fencing.

   D.   Parking: All parking shall meet the parking standards for the respective use found in Title 10, Chapter 14, Parking Standards.

   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 Uses.

(Ord. 19-07, 9-3-2019; amd. Ord. 24-20, 8-6-2024; Ord. 25-01, 7-1-2025)

The purpose of this article is to create a zone which allows for mobile homes and related uses in a well planned and safe environment. (Ord. 19-07, 9-3-2019)

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

 

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

 

 

(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 of this title also apply to the following on site parking requirements:

 

 

(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: 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 conditionally approve an application for each of the following conditional uses or administrative conditional uses:

      1.   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.

      2.   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 visibility at intersection 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.

      3.   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.

      4.   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 will be constructed from visually open materials that shall 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. (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 in this zone.

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

The Residential Multi-Family (RMF) Overlay is established to provide areas within the City for high-density housing and multi-family structures designed to allow economical use of land while creating an attractive, functional, and safe residential environment. The RMF Zone is intended to be primarily residential in nature. Applying the RMF Overlay should be carefully reviewed to ensure compatibility with existing development and neighborhoods and the land use goals of the City. (Ord. 23-17, 11-21-2023)

The following land use types are permitted uses in the RMF Overlay. Unless specifically listed, any other use is not permitted. Uses listed as conditional or accessory uses are allowed in the zone only in accordance with the criteria established in this ordinance.

   A.   Permitted Uses: The following land use types are permitted uses in the RMF Overlay:

      1.   Single-family dwellings.

      2.   Multi-family structures and dwellings.

      3.   Public or private utility rights-of-way.

      4.   Parks, trails, open space areas, and other related recreation facilities and project amenities.

      5.   Religious buildings and structures.

      f.   Educational facilities unless otherwise addressed in Utah Code.

      g.   Public and private utility maintenance facilities.

   B.   Accessory Uses: The following land use types are allowed as accessory uses in the RMF Overlay. Any accessory use must be clearly incidental to a permitted or conditional use of the property. Accessory uses are not allowed without the approval of a permitted or conditional use of the parcel unless otherwise noted in this Section.

      1.   Storage facilities for equipment that is associated with maintenance of the site. The accessory building shall be constructed of essentially the same materials as the main residential buildings or structures.

      2.   Incidental shelter for pets.

      3.   Home occupations, pursuant to Fillmore City Code.

      4.   Accessory Dwelling Units, in a single family detached dwelling, pursuant to Fillmore City Code. (Ord. 23-17, 11-21-2023)

   A.   Project Area: This overlay is designed to accommodate larger multi-family projects, such as townhomes and apartment complexes, or communities with a mix of housing types. Therefore, any parcel seeking application of the RMF Overlay shall contain no less than five (5) acres.

   B.   Density: The RMF Overlay accommodates a variety of densities for multi-family dwellings. In granting overlay approval, the City Council shall designate the maximum density permitted, at a density of either 10 or 15 residential units per acre. This density is calculated as the net density rounded to the nearest whole number for the area dedicated to multi-family dwellings. This shall be designated on the Overlay approval as RMF-10, RMF-15, respectively. In making a determination for the maximum density, the Council shall consider the following:

      1.   The design standards of the proposed project

      2.   The nature of the surrounding neighborhood and potential impact on the neighborhood

      3.   Steps taken by the development to reduce any negative impact on the surrounding neighborhood, such as, but not limited to, onsite parking, new streets and other vehicular access, open space, pedestrian and/or bike trails, and landscaping.

      4.   Other desired uses, such as religious buildings, parks and open space, education facilities, and maintenance facilities, shall be reviewed as part of the overlay application and shall present a lot area, design, traffic circulation, parking, and other design elements that are to the satisfaction of the City Council. These uses shall only be permitted within the overlay when they are part of a much larger project and are there to support housing within the overlay.

   C.   Width: Each project in the RMF Overlay shall have a minimum width and frontage of one hundred and twenty (120) feet for all of the area within the required front setback of the zone. Projects with more than four (4) units shall have more than this amount, however the exact amount of frontage on a public street will be determined by City Council based on the configuration of the project.

   D.   Single-Family Detached Dwellings: If the RMF Overlay is used to accommodate single-family dwellings, each lot for a single-family dwelling shall have a minimum lot width and frontage of seventy-five (75) feet and lot area of 7,500 square feet. Flag lots shall not be permitted.

   E.   Setback: When a proposed project in the RMF Overlay is adjacent to a non-multi-family dwelling outside the RMF Overlay, the setback requirements of the adjacent residential zone shall be implemented along the perimeter of the development. Otherwise, the following minimum setback and build-to-line requirements shall apply for each building or structure and is measured from the respective property line of the lot or parcel:

      1.   Front Setback: Twenty- five (25) feet.

      2.   Side Setback: Eight (8), unless otherwise noted herein.

         a.   Side Setback For Corner Lot: Eight (8) along the public street on the side of the lot not being used as the front setback.

         b.   Side Setback For Accessory Building: Three (3) feet

      3.   Rear Setback: Twenty (20) feet.

      4.   Rear setback for accessory building: Three (3) feet

      5.   The land use authority may impose a build-to-line that represents the distance from the property line that a structure will be constructed. The build-to-line may be imposed on any side of the structure. Reasons to impost a build-to-line may include: reducing parking adjacent to the street, aesthetic improvements, and enhanced circulation.

   F.   Projections Into Setbacks: The following structures may project into a required setback, but not beyond the property line, except as noted herein:

      1.   Fences and walls in conformance with all applicable City ordinances and resolutions.

      2.   Landscaping and irrigation systems that shall be extended to the sidewalk or back of the curb.

      3.   Necessary appurtenances for utility service.

      4.   Cornices, eaves, sills, buttresses, awnings, planter boxes, or other similar architectural features may project up to four (4) feet into any required front or rear setback or up to two (2) feet into a side setback.

   G.   Building Height: Each structure shall satisfy the regulations of the adopted fire code. The Fire Chief may reduce the maximum building height and/or roof slope to ensure the ability to protect the structure on a case-by-case basis, as necessary based on the abilities of the local Fire Department. The maximum height for single family and multi-family residential unit are as follows:

      1.   Two (2) stories and thirty-five (35) feet total height.

      2.   An accessory structure may not exceed eighteen (18) feet in total height.

   H.   Distance Between Buildings: The minimum distance between buildings is determined by building height, and shall be whichever is greater, as follows:

      1.   Any two-story building, except for attached multi-family units: Sixteen (16) feet.

      2.   Accessory building and any residential building: ten (10) feet.

   I.   Lot Coverage: The sum total of all buildings and structures shall not be greater than forty (40) percent of the total area.

   J.   Open Space: Each project shall contain at least thirty (30) percent permanently maintained outdoor open space exclusive of buildings (except a clubhouse, gazebo, or other usable amenities, as agreed at the time of the overlay approval), parking, and roadways. That thirty (30) percent shall be broken down as follows:

      1.   Twenty-five (25) percent minimum: Sited and designed as usable open space for the residents of the project. At least approximately half of this, or twelve (12) percent shall be a non-impervious surface.

      2.   Five (5) percent maximum: Landscaped areas between the structures. These are areas where the actual distance between the buildings is within ten (10) feet of the minimum required distance between those buildings.

      3.   Stormwater Facilities: The acreage set aside for stormwater facilities shall not be used toward the open space requirement unless the City Council has determined that the area is designed as functional usable open space. The presumption shall be that storm drainage areas are not suitable as usable open space due to their purpose of retaining water runoff. The City Council is not obliged to grant this waiver but may consider proposals where ample steps have been taken to make the ground usable. The Council shall, at a minimum, consider the following:

         a.   The location, size, design, access, and usability of the stormwater facility;

         b.   That the facility is placed in a centralized location within the project or reasonably connected to other project amenities;

         c.   The slope of the basin is no steeper than 5:1;

         d.   The size of the basin and adjacent landscaped area is no more than ten (10) percent of the required open space requirement;

         e.   The landscaping treatments are suitable for use by the residents of the project and include amenities as deemed appropriate.

   K.   Landscaping: All open areas not covered by residential buildings or structures, parking, or permitted accessory structures shall be attractively landscaped and maintained. Each project shall include a landscaping plan, prepared by a licensed landscape architect or other qualified landscape professional, for review and approval. At a minimum, the landscaping plan shall include the following:

      1.   General landscape principles:

         a.   Visual variety and interest to site and buildings;

         b.   Landscape features that highlight primary entry to a building and complex, for both vehicular and pedestrian access;

         c.   Placement of shade trees over gathering areas and near buildings;

         d.   Landscape screening of parking areas and undesirable views;

         e.   Use of landscaping to provide a visual and noise buffer and shelter from wind.

      2.   Incorporation of layered landscaping and a mix of deciduous and evergreen trees. As a guideline, the landscaping plan will need to indicate one (1) tree for every two (2) dwelling units, with the trees being a mixture of coniferous evergreen and deciduous trees. The coniferous trees shall be at least eight (8) feet in height and the deciduous trees shall be at least two (2) inches in caliper. Shrubs and other plantings shall be included in the landscaping plan.

      3.   Landscaped areas shall contain grass or other acceptable ground cover. Xeriscaping with native and water-wise vegetation is encouraged and the City may prohibit any vegetation that is deemed to be invasive.

      4.   All landscaped areas shall be irrigated by an underground automatic sprinkling system.

      5.   Plant materials shall be selected and located to avoid conflicts with underground or above-ground utilities.

   L.   Fencing Standards: Multi-family projects shall be fenced on at least three sides by a six (6) foot sight-obscuring fence unless it can be demonstrated that the fence is unnecessary to make the proposed project compatible with the surrounding area.

      1.   All fencing in multi-family projects shall have decorative features and shall be constructed primarily of masonry materials. The use of chain link, vinyl, and wood products will be limited to internal areas that are not visible from the exterior of the project and located in low-traffic areas.

      2.   The Council may require certain areas to be free of fencing or have reduced fence height to increase visibility and connectivity to the surrounding neighborhood.

   M.   Lighting: Safety and security in the project and its immediate surroundings shall be enhanced through lighting design. A photometric plan shall be included showing how the project will meet the lighting standards. Lighting fixtures shall:

      1.   Be compatible with the architectural style, materials, color, and scale of the project.

      2.   Be located to avoid light spillage and glare on adjacent properties and in private spaces.

      3.   Include full cutoff light fixture that shield light away from bedroom windows, adjacent properties, and the sky.

      4.   Have a maximum correlated color temperature of 3,000 K (Kelvins).

      5.   Be mounted no higher than sixteen (16) feet.

      6.   Not be visible from the property line or beyond.

      7.   Have a maximum lumens amount of 2,500 lumens per light with a maximum of 100,000 lumens per net acre. (Ord. 23-17, 11-21-2023)

   A.   Amenities: Each development approved in the RMF Overlay shall include amenities for the residents of the project and shall include a plan for the amenities to be properly maintained. Because each project is different in nature, the amenities may vary but shall be tailored to accommodate the expected demographic of the residents. As a general rule, active recreation areas will include amenities such as sports courts (designed for basketball, pickleball, tennis, skate park, or another sport), horseshoe pits, swimming pools, volleyball courts, putting greens, splash pads, playgrounds, and clubhouses, etc. Passive recreation areas, which include open lawn space, community gardens, or dog parks are required for all projects. Any sports court shall meet an industry minimum standard for usability for the intended use. The minimum amount of amenities in addition to passive recreation areas that are required is determined by the proposed number of units in the development, as follows:

      1.   Fewer than fifty (50) units:

         a.   Picnic areas with tables and barbecue areas; and

         b.   An active recreation area.

      2.   Fifty-one (51) to seventy-five (75) units:

         a.   A picnic area with tables and barbecue area with a shade structure;

         b.   A sports court with at least one thousand (1,000) square feet;

         ci.   An active recreation area, or an additional one thousand (1,000) square feet of sports court.

      3.   Seventy-six (76) to one hundred (100) units:

         a.   Two (2) picnic areas with tables and barbecue areas with shade structures;

         b.   A sports court with at least one thousand (1,000) square feet;

         c.   An active recreation area, or an additional one thousand (1,000) square feet of sports court;

         d.   A clubhouse used for gatherings of residents not less than one thousand (1000) square feet in size complete with restrooms. The clubhouse may be substituted for an outside social function area, no less than two thousand (2000) square feet in size, with approval by the City Council.

      4.   One hundred (100) or more units:

         a.   Two (2) picnic areas with tables and barbecue areas with shade structures;

         b.   A sports court with at least one thousand (1,000) square feet;

         c.   Two (2) active recreation areas with amenities appropriate for the targeted population, one of these areas could be an additional one thousand (1,000) square feet of sports court;

         d.   A clubhouse used for gatherings of residents not less than two thousand (2,000) square feet in size complete with restrooms and indoor amenities and services.

      5.   The City Council will be the final authority in determining if the amenity package is appropriate for the project size, location, and target population. The type and quality of amenities will be taken into consideration in determining an acceptable amenity package and whether to grant the application of the Overlay.

   B.   Design Standards: Building design should enhance the appearance of the buildings from streets and other public viewpoints. All sides of structures shall receive equal design consideration, particularly where they may be readily viewed by pedestrians and motorists, or from adjacent properties.

      1.   Exterior Materials: All buildings shall include brick, stucco, stone, or other decorative masonry products, including fiber-cement siding, as approved by the City Council upon recommendation by the Planning Commission. At least two different building materials shall be used on all sides of the building with at least forty (40) percent of the vertical surface containing brick or stone. Garage doors, windows, and doors are not included in the vertical surface calculation. Vinyl and wood siding are not permitted; however, shake shingles may be permitted as an accent material as approved. The types of material will be complementary to the architectural design and heavier materials used lower on the building elevation to form the building base.

      2.   Colors: Varied building colors are essential to a quality project. The use of different colors and materials helps to break up the massing of the building. A minimum of two colors per elevation, plus trim and roof color shall be provided. Contrasting but complementary colors should be used for trim, windows, doors, and ornamental features.

      3.   Wall Plane: There shall be a variation in wall plane on all facades visible from a public street or public view. It is expected that the highest level of articulation will occur on the front façade. However, some architectural detailing should be incorporated into all building elevations, as well as courtyards, play areas, and similar common areas.

      4.   Architectural Design: Architectural elements, such as balconies, porches, overhangs, trellises, projections, awnings, insets, materials, and textures shall be used to create shadow patterns that contribute to a building’s character and visual interest. Deep roof overhangs are encouraged to create shadows and add depth to façades, also helping to shade openings and windows.

      5.   Massing: Tall or large structures should emphasize horizontal planes through the use of trim, awnings, eaves, or a combination of complementary colors. The upper story of a multi-story building shall be stepped to reduce the scale of façades facing streets or courtyards unless the building height contributes to the sense of place.

      6.   Roofing Design: Roof forms typical of residential buildings such as gable or hip roofs are encouraged. For row-type townhouses, each unit shall be varied in height and setback.

      7.   Development Entrance Features: Pedestrian and vehicular pavement designs shall include material and/or color changes at entrances, walkways, crosswalks, and other significant areas.

      8.   If an applicant can clearly demonstrate that one or more unique conditions affecting the land make the literal application of one or more of the design standards impracticable or unduly burdensome, the City Council may modify the standard as may be reasonable. The modification shall not be contrary to the general intent and purposes of this Chapter and the health, safety, general welfare, and aesthetics of the neighborhood. The City Council is not obligated to grant any modification and the site may ultimately not be suitable for application of this overlay.

      9.   If the applicant and staff disagree on the architectural design, types of amenities, or determining adequate amenities for the proposed project, the City Council shall render the decision. (Ord. 23-17, 11-21-2023)

Each project in the RMF Overlay shall provide adequate vehicular access to the site, internal circulation, and parking. Furthermore, pedestrian connections and networks shall be integrated into the site and connect to adjoining public facilities, including sidewalks. Each applicant shall demonstrate the following:

   A.   Minimum Parking: Projects shall provide at least the minimum parking of 2.5 parking stalls per residential unit. Any other use, such as religious or education facilities, shall be consistent with the Fillmore City Municipal Code Chapter 14 Parking Ordinance.

   B.   Parking Location: Parking shall only be interior to the project and generally hidden from the public street, with the primary structures along the outside edges of the projects, unless the City determines that interior parking is impractical or undesirable due to unique characteristics of the site and/or connection to surrounding properties. A build-to-line may be imposed to accomplish this design feature.

   C.   Circulation: Site circulation shall allow for and facilitate emergency access to the site and all buildings.

   D.   Covered Parking: Garages shall be designed consistent with the roof pitch, materials, colors, and architectural features of the primary structures.

   E.   Bicycle Parking and Pedestrian Walkways: Pedestrian circulation walkways and bicycle racks are required in multi-family projects. These facilities shall be located in highly visible and convenient areas. Bicycle parking shall be provided at the ratio of 0.5 bicycle spaces per unit. (Ord. 23-17, 11-21-2023)

Any request for the RMF Overlay shall include Preliminary Project Plan review and approval. Approval is subject to any and all applicable City resolutions and ordinances and the Fillmore City General Plan.

   A.   Each applicant shall first submit a Concept Plan of the proposed development. Following review of the Concept Plan and after receiving staff comments, the applicant may prepare a Preliminary Development Plan.

   B.   The Preliminary Development Plan shall include project layout, design elements, architectural elevations, lot and road specifications, and all other information necessary to allow staff to review, and Planning Commission and City Council to make an informed decision. Any approved plans and specifications shall be binding and material modifications shall be treated as a new request and require new approvals.

   C.   Following review by staff, the Planning Commission will hold a public hearing to receive input about application of the Overlay based on the Concept Plan and Preliminary Development Plan. Notice of the public hearing will be in accordance with Fillmore City Code.

   D.   Following a public hearing, the Planning Commission will forward to the City Council a recommendation to approve, approve with conditions, or deny application of the RMF Zone based on, and tied to, the Preliminary Development Plan. This review and approval is a legislative decision.

   E.   After receiving a recommendation from the Planning Commission, the City Council may approve, amend and approve, approve with conditions, remand the proposed development back to the Planning Commission for further review, or deny the application for the RMF Overlay based on, and tied to, the Preliminary Development Plan approval.

   F.   Following approval of the Overlay and Preliminary Development Plan by the City Council, the applicant may prepare the Preliminary and Final Plat. After their review, the City Council may approve, amend and approve, approve with conditions, or deny the application for Preliminary and Final Plat approval. The City Council, at their discretion, may approve the Preliminary Development Plan and the Final Plat concurrently. A copy of the Final Development Plan will be included in the Planning Commission packet for their review prior to final review by the City Council.

   G.   Development Agreement: The approval of the City Council and the obligations of the applicant shall be ratified in a development agreement. The agreement between the developer and the City shall demonstrate how the developer’s proposal will fulfill each provision of this ordinance along with any other conditions of RMF Overlay approval.

   H.   Covenants, Conditions, And Restrictions (CC&Rs): All multi-family projects shall include the establishment of an owner’s or renters’ association to address maintenance, parking, enforcement, and other resident-related issues. Generally, the City is not a party to this contract.

   I.   Project Master Plan: If the project will be carried out in multiple phases, a Project Master Plan is required to address the timing and responsibilities carried out in each phase. This Plan can be incorporated into the Development Agreement and is required as part of the Overlay approval. (Ord. 23-17, 11-21-2023)

The following requirements shall be met:

   A.   Signs: Refer to Chapter 19 Signs shall be consistent with the requirements of the Fillmore City Code. Sign type and locations shall be consistent throughout the project and the sign materials and graphics shall complement the project design.

   B.   Solid Waste And Recycling: All refuse and recycling containers, except individual residential containers, shall be placed within screened storage areas or enclosures. Enclosure materials and colors will be consistent with, and complementary to, building materials and finishes. These containers should be conveniently located throughout the project, yet sufficiently buffered from project entries, main building entries, and main pedestrian paths. (Ord. 23-17, 11-21-2023)