The purpose of this article is to create a zone which:

   A.   Allows for a compatible mixture of commercial and light industrial uses which do not require intensive land coverage, generate large volumes of traffic or create obnoxious sounds, glare, dust or odors.

   B.   This district includes areas which are well adapted to industrial development; but proximity to Residential or Business Districts makes it desirable to limit the manner and extent of industrial operations. (Ord. 19-07, 9-3-2019)

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

 

(Ord. 19-07, 9-3-2019; amd. Ord. 24-05, - -2024; Ord. 24-06, - -2024)

 

 

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

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

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

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

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

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

   D.   Public Utility Stations: 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.

   E.   Maximum Height: A maximum height of seventy five feet (75') may be allowed if in compliance with airport height restrictions and fire suppression standards. Approval by fire personnel and airport aviation administration will be required.

(Ord. 19-07, 9-3-2019; amd. Ord. 22-15, 7-19-2022; Ord. 23-09, 6-6-2023)

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

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

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

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

 

(Ord. 19-07, 9-3-2019; amd. Ord. 24-05, - -2024)

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.   Common 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 effected 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.   Sexually Oriented Businesses: The purpose and objective of this subsection B1 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 B1 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.

      2.   Childcare Facility:

         a.   Compliance Requirements: Each application for a childcare facility 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.

      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.   Temporary Outdoor Use: Temporary vendors must:

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

         b.   Setback: 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.

      5.   Minor Telecommunications Facility:

         a.   Purpose; Intent: The purpose of this subsection B5 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 B5 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 provision 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.

         d.   Color/Design: Monopoles, antennas and any associated buildings or equipment shall be painted to blend with the surroundings that are most commonly seen. The color shall be determined on a case by case basis by the Planning 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 be changed if it is determined that the original color does not blend well with the surroundings.

         e.   Additional Requirements: The following shall be considered by the Planning and Zoning Administrator as part of the administrative conditional use process:

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

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

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

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

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

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

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

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

         i.   Temporary Drive Test: Companies wishing to perform drive tests shall submit notice to the Planning 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.

      6.   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.

      7.   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 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.

      8.   Storage Containers:

         a.   Storage Container Defined: For purposes of this subsection B8 only, “storage container” shall mean any trailer commonly described as a storage container or storage unit, including, but not limited to, semitrailers, cargo trailers and any other similar unit with a storage space of greater than one hundred twenty (120) square feet. “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;

         b.   Number Permitted: A maximum of two (2) storage containers, either temporary or permanent, per business shall be allowed as a conditional use;

         c.   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;

         d.   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 termination of utility services.

      9.   Security Watchman Dwelling:

         a.   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.

         b.   Additional Development Standard:

         (1)   No standalone dwelling unit: The security watchman 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 watchmen 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 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.

      10.   Warehouse Storage Units:

         a.   Site Plan And Permit Required:

         (1)   The construction and design shall be in accordance and follow the International Building Code.

         (2)   A site plan must 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.

         (5)   This use may not be combined with other uses, commercial or otherwise, on the same property.

         b.   Use: Shipping containers shall onlu 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 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)

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

 

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

(Ord. 19-07, 9-3-2019; amd. Ord. 23-06, 4-18-2023)