A. The I-2 Industrial Zone has been established for the primary purpose of providing a location for the creation of jobs where manufacturing, processing, warehousing and fabrication of goods and material can be carried on most appropriately and with minimum conflict or deleterious effects upon surrounding properties. Other objectives in establishing the zone are to promote the economic well-being of the people and to broaden the tax base. B. This zone is characterized by a mixture of industrial, manufacturing and processing establishments with intermittent open land that is served by streets, power, water and other utilities and facilities or where such facilities can be readily provided. C. To accomplish the objectives and purposes of this title and to stabilize and protect the essential characteristics of this zone, the regulations set out in this chapter shall apply in the I-2 Industrial Zone.

A. Table of Land Use Regulations.

P = PERMITTED USE (P) A site plan application is required with staff processing. Site plan applications are approved, when and if they meet the ordinance standards. C = PLANNING COMMISSION CONDITIONAL USE REVIEW (C). A site plan application with Planning Commission review is required.

B. If a use is not specifically designated below, then it is prohibited. C. All uses listed in the use table and that require a building permit shall also require a site plan application.

A. There is no minimum lot area requirement and no maximum building size in the I-2 Industrial Zone. B. Each project approved under this section must be fully located within the I-2 Industrial Zone. C. Limitations of Buildings Used for Retail Business.

1. Findings. The Heber City Council makes the following findings:

a. One main intention of the Heber City Council in limiting the gross floor area of buildings used for retail business is to incorporate those goals and directives of the Heber City General Plan, including but not limited to those specific directives and provisions which identify the importance of and intentions surrounding the City center addressed in said General Plan. b. The Heber City Council adopted the Heber City General Plan to guide and direct future development and land use decisions in Heber City. c. The Heber City General Plan evidences the community's goals and objectives for the future of Heber City and identifies the old town as the heart of the community, and makes the development and preservation of the City center critical to the General Plan's vision for Heber City's future. d. The Heber City General Plan contemplates building on Heber's strengths from the inside out, by focusing on the City center including the existing central business district.

2. Gross floor limitation, I-2 Zone. Retail establishments shall not exceed 60,000 square feet of gross floor area within the I-2 Zone. No retail establishment shall be permitted to place any one building or any combination of buildings that exceed 60,000 square feet within said Zone. In no event shall any retail establishment, corporation, business, or entity have one or more buildings within less than 1,000 feet of each other, wherein the building or buildings would exceed a total of 60,000 square feet. 3. Definitions. The following definitions shall apply to this Section 18.45.030:

a. "Retail Establishments" means retail business or businesses, conducted in two or more buildings, where the retail business or businesses:

1) are engaged in the selling of similar or related goods, wares or merchandise, and operate under common ownership or management, or 2) share check stands, storage facilities, a warehouse, or a distribution facility, or 3) otherwise operate as associated, integrated or co-operative business enterprises under common ownership or management.

b. "Combination of Buildings" means two or more buildings that are within 1,000 feet of each other as measured from the outside exterior walls of two of the buildings. c. "Common Ownership or Management" means owned, leased, possessed, managed or otherwise controlled, in any manner, directly or indirectly,

1) by the same individual(s) or entity(ies), including but not limited to corporation(s), partnership(s), limited liability company(ies) or trust(s), or 2) by different individuals or entities, including but not limited to corporations, partnerships, limited liability companies or trusts where such individual(s) or entity(ies) have a controlling ownership or contractual right with the other individual(s) or entity(ies) with respect to the retail businesses, or where the same individual(s) or entity(ies) act in any manner as an employee, owner, partner, agent, stockholder, director, member, officer or trustee of the entity(ies).

d. "Gross Floor Area" shall mean the sum of:

1) the total horizontal area, in square feet, of all floors of a building, as measured at outside the exterior walls and including all interior courtyards, and 2) the total horizontal area, in square feet, of all portions of the site outside of the exterior walls of buildings used for the display, storage, or sale of any goods, wares or merchandise. For the purpose of this section an interior courtyard means a space bounded on three or more sides by walls but not a roof.

e. "Retail Business" means a business engaged in the sale of goods to individual consumers, usually in small quantities, and not to be placed in inventory for resale. A retail business does not include: (a) health centers, governmental uses, community centers, theaters, or religious or fraternal uses, or (b) a business where retail sales are an incidental or accessory use to the primary use. This definition shall not include churches, public schools, hospitals, public civic centers or public recreational facilities, or other facilities owned by, or operated strictly for the benefit of, the public.

n the I-2 zone, all buildings shall be set back at least thirty feet (30) from any public street right-of-way line. A ten (10) foot wide landscaped area is required using the standards found in 18.76.050 along all public street right-of-way frontages. In the event of competing set back requirements as a result of building code restrictions, the most restrictive shall govern.

All buildings in the I-2 Industrial Zone shall be limited in height to thirty-five (35) feet. No buildings taller than thirty-five (35) feet shall be permitted in the I-2 Industrial Zone except as approved by the Planning Commission pursuant to approval as a conditional use, Chapter 18.08 and approved by the City Council. Upon application for a conditional use permit to exceed the thirty-five (35) foot height limitation for developments, the Planning Commission shall consider at a minimum the following mitigating options and building restrictions as additional requirements for such conditional use permits:

A. Airport land zone height restrictions. B. Proximity to residential zones. C. Access to solar, air, and light for nearby properties. D. Building design (roof height step downs, eves). E. Roof design. F. Aesthetics. G. Relation to adjoining properties.

No building that receives a conditional use permit shall be approved over 60 feet in height.

A. Trees shall be planted along all street frontages. Trees should be planted at least one for every fifty (50) feet of street frontage. B. All storage doors, entrances into storage and warehousing, and parking in storage and warehouse developments shall be accessed from internal private streets and driveways. C. All storage and warehouse developments shall be fenced in a manner which will provide adequate security and a deterrent from public access. D. Building and structures shall use natural colors. E. All outdoor lighting shall be shielded to direct light and glare only onto the premises. F. All required off-street parking shall be hard-surfaced; loading zones, outdoor storage areas, and a portion of the employee parking may be compacted gravel, provided those areas are: (1) not located adjacent to the primary public entrance to the building; and (2) located or screened in such a manner to minimize visibility of the area as viewed from the public street and adjoining properties. G. Properties shall be kept in a clean and orderly manner. H. Sexually oriented businesses shall comply with standards and process in 18.108 and the following criteria:

1. Location: No sexually oriented business may be located within one thousand (1,000) feet of any:

a. School, childcare facility, cemetery, public park, library or religious institution; b. Residential zone; c. Liquor store; or d. Other adult oriented business.

2. 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 adult-oriented business is located and:

a. The closest exterior wall of another adult oriented business. b. The closest property line of any school, childcare facility, public park, library, cemetery or religious institution; and c. The nearest property line of any Residential Zone.

When any industrial building or use adjoins any residential zone, a setback area containing a landscaped berm of at least four (4) foot tall and/or an eight (8) foot tall sight obscuring fence shall be erected as a buffer between all industrial and residential zones, as determined by the Planning Commission based on the review criteria below. If the Planning Commission elects to require a landscaped berm, such berm shall contain evergreen trees at least four (4) foot tall and deciduous trees having a caliper of at least three (3) inches. In determining whether to require a fence, berm, or both, the Planning Commission shall consider the following factors:

A. Location adjacent to adjoining properties. B. The future use of the land as identified on the City's general plan. C. Intensity of industrial use. D. Proximity of residential units. E. Additional landscaping and screening. F. Fences and setbacks being used.

Chapter 18.12 Administration Chapter 18.08 Definitions Chapter 18.108 Conditional Use Permits Chapter 18.72 Off Street Parking and Loading Chapter 18.103 Sign Regulations Chapter 18.78 Lighting Chapter 18.174 Enforcement Title 17 Subdivisions