Light Industry/Research Use is provided for in Kaysville in order to allow desirable industrial uses to occur within the City in appropriate locations and in a manner that will assure compatibility with the environment, abutting land uses, and existing traffic facilities.

Light Industry/Research Uses may apply to any zone district within the City where allowed as a conditional use. Regulations contained herein do not change regulations of the existing zone districts (as contained in KCC 17-19 and KCC 17-20) but are established in addition. All uses allowed by this Chapter shall be conditional uses and review and approval shall follow procedures established by KCC 17-30, Conditional Uses.

The following uses are allowed as a conditional use in the GC and CC Commercial Zone Districts.

1.

Experimental research and testing laboratories.

2.

Manufacturing, compounding, processing, assembling, or packaging of articles or merchandise as allowed upon conditions.

3.

Resident quarters for a watchman or caretaker on the same premises on which employed.

1.

Purpose. The following performance standards are intended to ensure that all industries will provide necessary modern control methods to protect the City from hazards and nuisances; to set objective, quantitative standards for the maximum tolerated levels of frequently-hazardous or annoying emissions; and to protect any industry from arbitrary exclusion or persecution based solely on the characteristics of that type of industry's past uncontrolled operation.

2.

General.

a.

No land or building devoted to uses authorized by this Chapter shall be used or occupied in any manner so as to create dangerous, injurious, noxious, or otherwise objectionable fire, explosive, or other hazard; noise or vibration, smoke, dust, odor, or other form of air pollution; heat, cold, dampness, glare, electrical or other disturbance; liquid or solid refuse or waste; or other substance, condition, or element in such a manner or in such an amount as to affect adversely the surrounding area or adjoining premises. The foregoing are hereinafter referred to as "dangerous or objectionable elements."

b.

In addition to meeting other application requirements for a conditional use permit, parties seeking a conditional use permit for a light industry/research use shall include in the application a description of the proposed machinery, products, and processes to be located at the development. If, in its opinion, the proposed use may cause the emission of dangerous or objectionable elements, the Planning Commission may refer the application for investigation and report to one (1) or more expert consultants qualified to advise as to whether a proposed use will conform to the applicable performance standards specified in Subsection (3). Such consultant shall report as promptly as possible. A copy of such report shall be promptly furnished to the applicant. The cost of such expert report shall be borne by the applicant.

c.

Within twenty (20) days after the Commission has received the aforesaid application or report, if a report was required, or within such period as agreed to by the applicant, the Commission shall determine whether reasonable measures are being employed to assure compliance with the applicable performance standards. On such basis, the Commission may authorize or refuse to authorize issuance of a Conditional Use Permit or may require a modification of the proposed plans, construction specifications, device or operation, and shall so inform the Building Inspector.

d.

Any Zoning Certificate so authorized and issued shall evidence only that reasonable measures are being taken. It shall not relieve the applicant of the responsibility of meeting such standards when the plant is actually in operation; and, in case of a failure to perform in accordance with the standards, whatever additional devices or modifications in process shall be necessary to achieve full compliance with the standards shall be the sole responsibility of the applicant.

e.

The Zoning Administrator shall investigate any purported violation of performance standards; and, if necessary for such investigation, may request that the Planning Commission employ qualified experts. If, after public hearing and due notice, the Planning Commission finds that a violation has existed or does exist, it shall order the Zoning Administrator to serve notice that compliance with the performance standards must be achieved within a specified period of time or the plant will be shut down. Should the violation of performance standards threaten the public health, convenience, or welfare, the Planning Commission may order the offending plant to cease operation until proper steps are taken to correct the conditions which cause the violation. The services of any qualified experts, employed by the Planning Commission to advise in establishing a violation, shall be paid by the violator if said violation is established, otherwise by the City.

f.

The determination of the existence of dangerous and objectionable elements shall be made at any point; provided, however, that the measurements having to do with noise, vibration, odors, or glare, shall be taken at the lot line of the establishment or use.

3.

Dangerous and Objectionable Elements.

a.

Noise. No use shall emit or cause the emission of sound from a stationary source creating a ninetieth percentile sound pressure level (L90) for any measured period (not less than ten (10) minutes) that exceeds the limits set forth for the following receiving land use districts:

b.

Vibration. No vibration (other than from transportation facilities or temporary construction work) shall be permitted which is discernible without instruments at the points of measurement specified in Subsection (2)(f).

c.

Odors. No emission of odorous gases or other odorous matter shall be permitted in such quantities as to be readily detectable when diluted in the ratio of one (1) volume of odorous air to four (4) volumes of clean air at the points of measurement specified in Subsection (2)(f) or at the point of greatest concentration. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system, so that control will be maintained if the primary safeguard system should fail.

d.

Glare. No direct or sky-reflected glare, whether from flood lights or from high temperature processes such as combustion or welding or otherwise, shall be permitted to be visible at the points of measurement specified in Subsection (2)(f). This restriction shall not apply to signs or lighting of buildings or grounds for advertising or protection otherwise permitted by the provision of this Chapter.

e.

Fire and Explosion Hazards. All activities involving, and all storage of flammable and explosive materials shall be provided at any point with adequate safety devices against the hazard of fire and explosion and adequate fire fighting and fire suppression equipment and devices as required by the Uniform Fire Code, Uniform Fire Code Standards, and Life Safety Code.

f.

Air Pollution. No particulate or gaseous pollutants shall be emitted into the air in violation of the Utah Environmental Quality Code, its amendments, or resulting regulations.

g.

Liquid or Solid Wastes. No discharge at any point into a public sewer, public waste disposal system, private sewage system, or stream, or into the ground shall be allowed contrary to the Utah Environmental Quality Code, its amendments, or resulting regulations.