Manufacturing zone M1 has been designated as the required location within which all manufacturing activity shall be established. All adult oriented business enterprises will be located within the manufacturing zone M1. It is the policy of the city council to review all enterprise which is considering building in the city, with the intent of approving only those for which a mutual benefit for both the enterprise and the city would exist. The city does not pre-endorse any specific categories of enterprise, but rather will consider all proposals. (Ord. 13-02, 4-24-2013)

No uses permitted, except by conditional use. (Ord. 13-02, 4-24-2013)

All uses will be considered as a conditional use on an individual basis, including adult oriented businesses, which shall be allowed as a conditional use in this M1 manufacturing zone only. Permits for conditional uses shall be authorized only after approval thereof has been given by the city council upon recommendation by the planning commission.

The planning commission review of conditional uses shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development in accordance with existing and future needs. In making a recommendation on conditional uses, the planning commission shall consider the existing zoning and use of the surrounding property, the present and future requirements for street, off street parking, and off street parking in relation to exits and entrances from public streets, pedestrian and vehicular traffic circulation, availability of water and other utilities, and other public requirements. The city council, upon recommendation from the planning commission or on its own motion, may impose reasonable conditions as are necessary to protect the rights of surrounding property owners and tenants and to carry out the purposes of this chapter and characteristics of this zone.

Factors which will be considered in deciding approval or disapproval will include, but not be limited to, the following:

   A.   Water requirements and water availability and sewage treatment requirements.

   B.   Storm drainage requirements.

   C.   Energy requirements and availability.

   D.   Raw material characteristics and means of delivery.

   E.   Manufactured goods characteristics and warehousing/shipping requirements.

   F.   Potential pollutants used in or resulting from manufacturing process, and plans for containment and/or control.

   G.   Inherent noises, odors or other undesirable factors or environmental concerns.

   H.   Expected number and education requirements of employees by work shift.

   I.   Type of construction and size of planned facilities.

   J.   Any special requirements. (Ord. 13-02, 4-24-2013)

   A.   Area: None, except that the minimum lot area for any single- family dwelling, not incidental to the buildings located on the same piece of property as for a commercial or industrial use permitted in the zone, shall be five (5) acres; except further, that one single dwelling may be constructed on any parcel of land though such parcel is less than five (5) acres in area, if such parcel was cut off in separate ownership from adjacent lots and of record at the time of passage of this section.

   B.   Yards, Width And Height: None, except side and rear yards and lot width for single-family dwellings, not incidental to and located upon the same piece of property as a commercial or industrial use permitted in this zone, shall be the same as for residential R3 and R4, and no building or structure shall be located closer than twenty feet (20') to any street or average of existing buildings where at least fifty percent (50%) of the frontage is developed. Within one hundred feet (100') of the boundary of any adjoining zone, no building shall exceed the height limit established for main buildings in such adjoining zone.

   C.   Coverage: No building, structure or group of buildings with their accessory buildings shall cover more than sixty percent (60%) of the area of the lot. A conditional use may be granted for buildings exceeding the sixty percent (60%) parcel area, as determined by the planning commission and city council. (Ord. 13-02, 4-24-2013)

All businesses which are within or adjacent to a residential zone or front on a public street shall maintain yards and buildings in a neat and attractive manner. Where the nature of the business involves the storage of old vehicles, building materials, machinery, etc., a solid masonry wall or other form of screening wall or hedge shall be erected to present an aesthetically pleasing appearance and block public view of unsightly storage. (Ord. 13-02, 4-24-2013)

No building or structure shall be located and/or constructed as to discharge stormwater onto an adjacent parcel. (Ord. 13-02, 4-24-2013)

   A.   Purpose: The purpose for the regulations contained in this section, which supplement those stated in title 3, chapter 7 of this code, and any other regulations applicable to the location of adult oriented businesses, is to avoid, to the extent possible, the adverse secondary effects which may result from the operation of such businesses. All provisions applicable to an adult oriented business shall be construed to protect the governmental interests recognized by these regulations in a manner consistent with protections provided by the United States constitution and the Utah constitution.

   B.   Conditional Use: Any adult oriented business licensed in accordance with title 3, chapter 7 of this code may be allowed as a conditional use, only within an area zoned as M1 manufacturing zone, as shown on the city zoning map.

   C.   Location Restrictions: No adult oriented business shall be located:

      1.   Within one thousand feet (1,000') of any other adult oriented business;

      2.   Within one thousand feet (1,000') of any residential use (no matter which zoning district), or a residential zoning boundary;

      3.   Within one thousand feet (1,000') of any public or private schools, public parks or parkways, public libraries, public recreation centers, churches or other religious institutions or cemeteries;

      4.   Within one thousand feet (1,000') of any "gateway or gateway corridor", such as Main Street, East and West Factory Street, and 1400 South;

      5.   Within one thousand feet (1,000') of a business licensed for the sale or consumption of alcohol or liquor.

   D.   Measurement Of Distance Requirements:

      1.   Distance requirements between structures and uses as specified in this section shall be measured in a straight line, without regard to intervening structures or zoning districts, from the perimeter property boundaries of a school, public park, library, recreation center, religious institution, residential use or other adult oriented business, or from the edge of the right of way of a gateway or gateway corridor, to the nearest point on the perimeter property boundaries of the adult oriented business parcel.

      2.   Distance requirements from zoning districts for this section shall be measured in a straight line, without regard to intervening structures or zoning districts, from the closest zoning boundary of a residential district to the nearest point on the perimeter property boundaries of the adult oriented business parcel.

   E.   Conditional Use Permit Required: An approved conditional use permit shall be obtained by each applicant for an adult oriented business license pursuant to chapter 16 of this title, before any building permit or other permit or license shall be issued by any officer or employee of the city.

   F.   Area, Width And Yard Regulations; Development Standards: Each lot upon which an adult oriented business is permitted shall conform to the area, width, yard and height regulation for the R4 residential zone found in section 9-7D-2 of this title. In addition, each adult oriented business shall be subject to all development standards for the M1 manufactured zone, including, but not limited to, landscaping and off street parking.

   G.   Denial Or Hold Pending Processing: In the event an application is filed for an adult oriented business license prior to the receipt by the applicant of a conditional use permit for the premises on which the business is to be located, the application for the business license may be denied, or held pending, until the application for a conditional use permit has been processed by the city.

   H.   Public Hearing: Before issuing a conditional use permit under the provisions of this section, the planning commission shall hold a public hearing, after notice as required by state statute for an amendment to this title.

   I.   Term Of Permit: Each conditional use permit granted for an adult oriented business shall be valid for a period of two (2) years from the date of issuance, unless revoked or suspended prior to said date as provided in title 3, chapter 7 of this code, or other applicable provision of this code.

   J.   Renewal: Prior to the renewal of any conditional use permit for an adult oriented business, the planning commission shall hold a properly noticed public hearing and determine that the applicant remains in compliance with the provisions of title 3, chapter 7 of this code, this title, and all other applicable provisions of this code.

   K.   Conditions May Be Imposed: Reasonable conditions may be imposed by the planning commission to address the reasonably anticipated detrimental effects of the proposed adult oriented business; provided, that said conditions shall be in addition to those imposed by title 3, chapter 7 of this code, and this title, and are found to be necessary by reason of the specific location of the real property, if allowed to be used for an adult oriented business. (Ord. 13-02, 4-24-2013)

Public utility substations shall be located as provided in chapter 15 of this title. (Ord. 13-02, 4-24-2013)

This chapter and each section and provision hereunder, are hereby declared to be independent divisions and subdivisions and, notwithstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any provisions of said chapter, or the application thereof to any person or circumstance is held to be invalid, the remaining sections or provisions and the application of such sections and provisions to any person or circumstances other than those to which it is held invalid, shall not be affected thereby, and it is hereby declared that such sections and provisions would have been passed independently of such section or provision so known to be invalid. (Ord. 13-02, 4-24-2013)

The provisions established herein shall apply to all lands within the civil jurisdiction of Garland City, Utah. Where there is conflict between the terms and/or requirements contained in this chapter, as amended, or any other ordinance, code, regulation of Garland City, Utah, the more strict shall apply. (Ord. 13-02, 4-24-2013)

The provisions of this chapter shall take effect upon passage, signature of the mayor and after being posted or published as required by law. (Ord. 13-02, 4-24-2013)