Levan City Zoning Code

16.19 COMMERCIAL

AND INDUSTRIAL PERFORMANCE STANDARDS

16.19.010 COMMERCIAL PERFORMANCE STANDARDS

Purpose: This chapter shall apply to all commercial development within Levan town and shall establish performance and development standards to encourage and facilitate the orderly growth and development of the town. These standards are intended to provide good building and area design and to insure compliance with the district regulations and other provisions of this ordinance relating to public health, safety, and general welfare. The standards set forth within this chapter shall be interpreted to be the minimum standard within the designated district unless stated otherwise. To the maximum extent possible, these requirements shall apply to existing commercial developments when either of the following occurs:
1. The occupied square footage of the main structure is enlarged by more than forty-five percent (45%).
2. The building is remodeled or expanded and the expansion or remodeling has a valuation of over one hundred thousand dollars ($100,000) as determined by the building inspector.
Lotsize and frontage:
1. Lot size: No limitations for commercial or industrial uses, except that all off-street parking and yard requirements shall be accommodated.
2. Frontage on arterial or collector streets: Uses with at least one hundred feet (100’) of frontage are allowed one access onto an arterial or collector street as designated in the transportation and circulation map of Levan town. Uses with less than one hundred feet (100’) of frontage shall not be permitted direct access onto an arterial or collector street. Such uses shall be required to share a common driveway in order to assure one hundred feet (100’) of distance between driveways.
3. Frontage on minor or local streets: Uses with at least sixty feet (60’) of frontage are allowed one access onto a minor or local street as designated on the transportation and circulation map. Uses with less than sixty feet (60’) of frontage shall not be permitted direct access onto a minor or local street. Such uses shall be required to share a common drive in order to assure seventy feet (70’) between driveways.
Building location:
1. No building, with the exception of any portion that contains a drive up window or counter, shall be closer than five feet (5’) from any private road or driveway. Structures which are adjacent to a plaza, mall, district entryway, or other permanent pedestrian open space under the same ownership as the structure may abut the space and have openings onto such appurtenances.
2. The public street right-of-way shall be considered the front property line of a lot. Where a lot is bordered on two or more sides by a public street right-of-way, all such sides shall be considered as front property lines, and the area between the front property line and the building lines shall be known as the front setback area in all cases.
3. Front yard: The front setback is determined for the district and is established in LMC 16.10 and LMC 16.12.
4. Side yard: Side setback is determined for the district and is established in LMC 16.10 and LMC 16.12.
5. Rear yard: Rear setback is determined for the district and is established in LMC 16.10 and LMC 16.12.
6. Building height: The maximum height for any commercial building shall be fifty feet (50’) measured from the natural grade level. Plans for all structures that are intended to be higher than thirty-five feet (35’) shall be reviewed by the planning & zoning board. The planning & zoning board shall deliver its recommendation to the legislative body for approval or disapproval.
Landscaping: A landscaping design for the site shall be reviewed and approved by the planning & zoning board at site plan review. A permanent sprinkling system shall be installed in all required landscaping except for approved dry-landscaping areas.
1. Front yard: At least fifty percent (50%) of the front yard (a strip at least three feet [3’] wide) shall be landscaped. The landscaping shall occur at the front property line. This standard shall apply to both frontages of a corner lot.
2. Side and rear yards: There shall be a minimum of three feet (3’) of landscaping between parking areas and side or rear property lines and a minimum of three feet (3’) of landscaping between an access driveway and a side or rear property line unless said driveway is to be used for common access by an adjacent lot. Other side and rear setback areas that are open to view from public right-of-way or from residential property shall also have a minimum of three feet (3’) of landscaping, provided that one access way not to exceed twelve feet (12') in width may be allowed to undeveloped property in the rear of a site. Irrespective of other requirements, developments abutting residential uses shall have a minimum of ten feet (10’) of perimeter landscaping where the development abuts such residential use and shall have large trees (minimum 1 1/2" caliper) and shrubs planted to form a buffer between uses. Trees shall be planted at thirty foot (30') spacing and shrubs on three feet (3’) centers. Buffer areas may be approved with interval landscaping when not open to view from public rights-of-way and where it can be shown that the buffer areas will conform to the intent of this ordinance.
3. Other landscaping:
  1. Landscaping planters and/or raised sidewalks shall be installed along buildings and any paved areas.
  2. All landscaped areas abutting any paved area shall be curbed (minimum of a four inch [4”] back and six inches [6”] high).
  3. At intersections of streets, driveways, sidewalks, etc., landscaping shall be limited to a height of not more than three and one-half feet (3 ½’) above top back of curb within the area required for minimum sight distances as specified in the geometric design guide (aashto) for local roads and streets.
4. Trees: Trees shall be required in front yards, at thirty foot (30’) intervals in accordance with the street planning guide for arterial and collector streets.
5. Landscaping in parking areas: Landscaping in parking areas may be required to channel traffic and may be considered as a portion of the overall landscaping of any particular site development.
6. Other non-parking areas: All unpaved areas not utilized for parking, access, or storage, shall be landscaped utilizing ground cover, shrub and tree materials, and/or dry landscape materials. Undeveloped areas proposed for future expansion shall be maintained free of weeds and trash.
7. The planting of trees, lawn and shrubs, or other material as approved is required within appropriate areas, especially along street frontage and along boundaries that abut residential lots, as provided for herein. When an area in a commercial, industrial, or multi-family residential zone is required to be landscaped by the terms of this ordinance, the requirement shall be met by the installation and maintenance of improvements as set forth below:
  1. Lawn and shrubs or a combination of shrubs, trees, vines, or other growing ground cover shall cover the entire area to be landscaped, except that water surfaces and dry landscaping may be allowed provided that such area shall not comprise more than 20 percent of the area required to be landscaped and must be approved by the planning & zoning board.
  2. All landscaping established as required by and in conformance to this section shall be maintained in a manner as to assure the continued growth of living materials placed therein and the removal of weeds, debris, and other matter not consistent with the provisions of this chapter.
Screening at district boundaries: An opaque screen shall be installed and maintained along lot lines that coincide with all district boundaries, other than streets, where the premises abut residential uses. Except as otherwise provided, it shall have a total height of six feet (6’). Where there is a difference in elevation on opposite sides of the screen the height shall be measured from the highest elevation. A screen shall consist of one, or any combination, of the following types:
1. Walls: Construction materials shall only include ceramic tile, stone, brick, concrete panels, concrete blocks, or other such materials as the Planning & Zoning board may approve. Concrete panels and posts must be reinforced with rebar and wire as approved by the town engineer.
2. Berms: A berm shall be not more than twenty feet (20’) in width at the base. It shall be constructed of earthen materials, and it shall be landscaped.
3. Solid Fences: A solid fence shall consist of wood and metal or other such materials forming an opaque screen and which conforms to structural requirements of the uniform building code.
4. Open Fences: An open-weave or mesh-type fence shall be combined with plant materials to form an opaque screen, as approved by the administrator.
5. No signs or sign supports shall be permitted on any required screening.
6. Notwithstanding the requirements listed above, where the finished elevation of the property is lower at the boundary line, or within five feet (5’) inside the boundary line, than an abutting property elevation, such change in elevation may be used in lieu of, or in combination with, additional screening to satisfy the screening requirements for this district.
7. Under special conditions where it has been determined that the development may create unique impacts on an adjoining residential district, the planning & zoning board may review and approve variations in screening such as open construction, screen height, placement of screen, or other types of screening.
Trash Containment: Storage areas containing garbage or rubbish (including recycling) containers (dumpsters) shall be screened with landscaping or opaque fencing. Each wall or fence shall be at least equal in height to the containers or dumpsters to be screened and shall be sufficient to screen such facilities from a public street or neighboring lot. No outdoor trash container storage shall be located within thirty feet (30’) of any residential use, and no such storage shall be permitted in a required front yard from the street to the building line.
Lighting: Electrical reflectors, spotlights, floodlights, and other sources of illumination may be used to illuminate buildings, landscaping, signs, and parking and loading areas on any property, provided they are equipped with proper lenses or other devices concentrating the illumination upon the building, landscaping, signs, and parking and loading areas and preventing any bright, direct illumination upon adjacent property or any public right-of-way. No unshielded white lights, reflectors, spotlights, strobe lights, flashing lights (message centers may be excluded from this prohibition), or search lights shall be so located that they are shining towards or are directly visible from frequently traveled public rights-of-way.
Signs: Signs are permitted in this district subject to the provisions of the sign regulations, which are outlined in LMC 16.38.010.
Parking lots and loading:
1. General: There shall be provided at the time of erection of any main building or at the time any main building is enlarged or increased in capacity, minimum off-street parking space with adequate provisions for ingress and egress by standard-size automobiles in accordance with the requirements herein.
2. Parking space size: A parking lot shall provide a logical balance of spaces to accommodate vehicles of various sizes.
3. Parking areas, development and maintenance: Every parcel of land hereafter used as a public or private parking area, including a commercial parking lot and also an automobile, farm equipment, or other open-air sales lot, shall be developed and maintained in accordance with the following requirements:
  1. Curb and gutter: The perimeter of the paved surface shall be finished with concrete (or other approved material) curb and gutter (minimum of a four inch [4”] back and six inches [6”] high).
  2. Surfacing: Every parcel of land hereafter used as a public parking area shall be paved with an asphaltic or concrete surfacing, shall have appropriate bumper guards where needed as determined by the administrator, and shall be so arranged and marked as to provide the orderly and safe loading or unloading and parking and storage of vehicles.
  3. Lighting: Lighting used to illuminate an off-street parking area shall be so arranged as to reflect the light away from adjoining residential premises or frequently-traveled public rights-of-way.
4. Loading areas: For every building or part thereof having a gross floor area of ten thousand (10,000) square feet or more, which is to be occupied by a commercial or industrial use to or from which delivery of materials or merchandise is regularly made by motor vehicles, there shall be provided and maintained, on the same lot with such building, at least one off-street loading space plus one for each additional twenty thousand (20,000) square feet or major fraction thereof. Each loading area shall be not less than fourteen feet (14’) in width, twenty-five feet (25’) in length, and fifteen feet (15’) in height. The loading area shall not occur forward of the building setback line on any street frontage.
Driveways and curb openings
1. One-way driveways shall be not less than twelve feet (12’) or more than thirty-two feet (32’) in width except that no two complementary one-way driveways may total more than forty feet (40’) in width. Two-way driveways shall be not less than twenty-five feet (25’) or more than thirty-two feet (32’) in width except as noted in sub-section (5) below. In determining the width of curb openings and spacing of driveways, the end transitions in each case will not be considered a part of the width of the curb opening.
2. Driveways shall be located a minimum of five feet (5’) from the side property line, measured from the nearest end transition point. This does not apply to side property lines abutting public rights-of-way.
3. Driveways shall have a minimum end transition (curb radius) of ten feet (10’) and a maximum of thirty feet (30’). There shall be at least twenty-two feet (22’) of full-height curb between the end transition point (point of curvature of the curb lines) of any two driveways, except as noted in sub-sections (4) and (6) below.
4. Where the common driveway is of the split, one-way directional type, there shall be at least five feet (5’) between the end transition points of the two driveways.
5. Wherever a common driveway is constructed serving two or more properties, the common curb opening shall have a maximum width of thirty-six feet (36’).
6. Where the adjacent public right-of-way road width is less than eighty feet (80’), no curb opening for a driveway shall be wider than thirty feet (30’), except as noted in sub-section (5) above.
7. Where the adjacent public right-of-way road width is eighty feet (80’) or more, no curb opening for a driveway shall be wider than thirty-six feet (36’), except as noted in sub-section (5) above.
8. The total width of all curb openings shall not exceed forty percent (40%) of the frontage. For corner lots, the total width of curb openings shall not exceed thirty percent (30%) of the combined frontages.
9. No point of curvature for any driveway curb opening shall be permitted within the following distances of the points of curvature for intersection curb turns:
  1. Forty feet (40’) if the intersection is signalized; and
  2. Forty feet (40’) if the intersecting street’s right-of-way is greater than seventy feet (70’); and
  3. Thirty feet (30’) if the intersecting street’s right-of-way is seventy feet (70’) or less.
10. Where the construction of more than one curb opening is required a concrete safety curb between curb openings, along and inside the property line, shall be provided when the property located between two driveways is used for the purpose of movement, storage, or parking of vehicles.
11. No curb opening will be approved which contemplates vehicle encroachment on any portion of the street right-of-way for loading, standing, or unloading.
12. Curb openings must serve only those off-street parking spaces or loading zones that conform to town standards.
13. Curb openings shall be entirely within the extension of the side property lines extended perpendicular to the street center line.
14. Curb openings and driveways shall be paved and shall provide adequate drainage.
15. Curbs for driveway approaches shall be of the radius type and be provided with wheel chair ramps.
16. Any unused or abandoned curb openings or portion thereof shall be restored to the original curb section at the expense of the abutting property owner. Upon refusal or neglect of the owner or agent to restore the curb and gutter to their original section, the town shall proceed to do such work, and all expenditures so incurred shall be charged against the owner or agent.
17. Improvements in the public right-of-way shall be designed and constructed in conformance with the applicable specifications. The minimum design vehicle shall be the single unit truck.
18. Special requirements for service stations: The maximum and suggested width of a driveway through the perimeter landscaped strip to a service station shall be forty feet (40’) for two-way vehicular movement and fifteen feet (15’) for one-way vehicular movement. No more than one two-way access way shall be permitted for any street frontage up to one hundred (100) lineal feet, and no more than two one-way access ways shall be permitted for any street frontage. For frontages of more than one hundred (100) lineal feet, two (2) two-way accesses, each a maximum and required width of twenty-four feet (24’), are permissible, but shall not be built on the same frontage as any other driveway. These standards are to be applicable to anyone ownership. In no case shall the end transition point of an access way be closer than twenty-five feet (25’) to the comer property line. No object shall be so situated as to interfere with the required sight-distance of intersections as set forth in the aashto specification. Driveway widths along roads controlled by the Utah department of transportation (UDOT) shall require a UDOT permit and shall comply with UDOT requirements.
Outside storage shall be completely screened by landscaping or opaque fencing, from view from any public street or abutting properties. This does not apply to representative displays of materials for sale but does apply to general inventories, miscellaneous merchandise, stockpiles, etc.
A grading and drainage plan, including primary on-site drainage water containment such as a sump, shall be submitted to the commission with the application. Primary on-site containment shall accommodate a twenty-five (25) year rain storm of one (1) hour's duration.

HISTORY
Adopted by Ord. 2017-01 on 10/4/2017

16.19.020 INDUSTRIAL PERFORMANCE STANDARDS

Purpose: The following performance standards are intended to ensure that all industries will provide necessary modem control methods to protect Levan Town 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.
General: 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 hazards; noise or vibration; smoke, dust, odor, or other form of air pollution; heat, cold, dampness, or glare; electrical, or other disturbance; liquid or solid refuse or water; 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."
1. State Agency Notification: The administrator shall confirm that the Utah State Department of Environmental Quality is informed of all applicants for uses authorized by this chapter.
2. Performance Standards Review: In addition to meeting other application requirements, applicants seeking approval for a light or medium industrial 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 & Zoning Board may refer the application for investigation and report to one or more expert consultants qualified to advise as to whether a proposed use will conform to the applicable performance standards specified in sub-section (C) of this section. 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.
3. Ruling by Planning & Zoning Board: 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 require a modification of the proposed plans, construction specifications, device, or operation, and shall so inform the building inspector.
4. Continued Compliance: Any use so authorized shall not relieve the applicant of the responsibility of meeting such standards when the plant is 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. These standards shall be established as conditions for approval of the proposed development.
5. Continued Enforcement: The administrator shall investigate any purported violation of performance standards and, if necessary for such investigation, may request that the Planning & Zoning Board employ qualified experts. If, after public hearing and due notice, the legislative body finds that a violation has existed or does exist, it shall order the 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 & Zoning Board may order the offending plant to cease operation until proper steps are taken to correct the conditions which caused the violation. The services of any qualified experts, employed by the Planning & Zoning Board to advise in establishing a violation, shall be paid by the violator if said violation is established, otherwise it shall be paid by the town.
6. Locations Where Determinations Are To Be Made for Enforcement of Performance Standards: 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.
Dangerous and objectionable Elements:
1. Noise: No use shall emit or cause the emission of sound from a stationary source such that the one (1) hour equivalent sound level (Leq) of resultant sound measurement at the lot line of the establishment or use exceeds by 6dBA or more the one (1) hour equivalent sound level (Leq) caused by ground transportation as estimated for that point of measurement and that time of day, pursuant to FHWA-RD-77-108, Highway Traffic Noise Prediction Model, or by other techniques at least as accurate as those set out in FHW A-RD-77 -108. The sound level measuring instrumentation shall conform with ANSI S1.4-1971 Type 1, and the measurement procedure shall be compatible with that according to ANSI S1.13-1971, with the following adjustments:
  1. Adjustment for Temporal and Tonal Characteristics of Sound: If the sound has a pronounced audible tonal quality such as a whine, screech, buzz, or hum, or if the sound has an audible cyclic variation in sound level such as beating or other amplitude modulation, 5dBA shall be added to the measured sound level to allow for increased subjective response to the sound.
  2. Quasi-Steady Impulsive Sound: Where the sound is of a repetitive impulse nature so that a steady reading is obtained using the "slow response" setting on the sound level meter, then 10dBA shall be added to the measured value to allow for the increased subjective response to the sound.
    
    An adjustment may be made under only one (1) of the paragraphs (a) and (b) above. In a case where both paragraphs apply, then paragraph (b) takes precedence.
2. Vibration: No vibration (other than from transportation facilities or temporary construction work) shall be permitted which is discernible without instruments at the property line of the industrial use.
3. 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 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.
4. 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 property line of the industrial use. This restriction shall not apply to signs or lighting of buildings or grounds for advertising or protection otherwise permitted by the provisions of this ordinance.
5. 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 standard in the industry. Burning of waste materials in open fires is prohibited at any point.
6. Air Pollution: No particulate or gaseous pollutants shall be emitted into the air in violation of the Utah State Air Conservation Act, its amendments, or resulting regulations.
7. Liquid or Solid Wastes: No discharge at any point into a public sewer, private sewage system, or stream, or into the ground shall be allowed contrary to the Utah State Water Pollution Control Act, its amendments, the subsequent Wastewater Disposal Regulations, or the Utah Code of Solid Waste Disposal Regulations.

HISTORY
Adopted by Ord. 2017-01 on 10/4/2017

2017-01

Levan City Zoning Code

16.19 COMMERCIAL

AND INDUSTRIAL PERFORMANCE STANDARDS

16.19.010 COMMERCIAL PERFORMANCE STANDARDS

Purpose: This chapter shall apply to all commercial development within Levan town and shall establish performance and development standards to encourage and facilitate the orderly growth and development of the town. These standards are intended to provide good building and area design and to insure compliance with the district regulations and other provisions of this ordinance relating to public health, safety, and general welfare. The standards set forth within this chapter shall be interpreted to be the minimum standard within the designated district unless stated otherwise. To the maximum extent possible, these requirements shall apply to existing commercial developments when either of the following occurs:
1. The occupied square footage of the main structure is enlarged by more than forty-five percent (45%).
2. The building is remodeled or expanded and the expansion or remodeling has a valuation of over one hundred thousand dollars ($100,000) as determined by the building inspector.
Lotsize and frontage:
1. Lot size: No limitations for commercial or industrial uses, except that all off-street parking and yard requirements shall be accommodated.
2. Frontage on arterial or collector streets: Uses with at least one hundred feet (100’) of frontage are allowed one access onto an arterial or collector street as designated in the transportation and circulation map of Levan town. Uses with less than one hundred feet (100’) of frontage shall not be permitted direct access onto an arterial or collector street. Such uses shall be required to share a common driveway in order to assure one hundred feet (100’) of distance between driveways.
3. Frontage on minor or local streets: Uses with at least sixty feet (60’) of frontage are allowed one access onto a minor or local street as designated on the transportation and circulation map. Uses with less than sixty feet (60’) of frontage shall not be permitted direct access onto a minor or local street. Such uses shall be required to share a common drive in order to assure seventy feet (70’) between driveways.
Building location:
1. No building, with the exception of any portion that contains a drive up window or counter, shall be closer than five feet (5’) from any private road or driveway. Structures which are adjacent to a plaza, mall, district entryway, or other permanent pedestrian open space under the same ownership as the structure may abut the space and have openings onto such appurtenances.
2. The public street right-of-way shall be considered the front property line of a lot. Where a lot is bordered on two or more sides by a public street right-of-way, all such sides shall be considered as front property lines, and the area between the front property line and the building lines shall be known as the front setback area in all cases.
3. Front yard: The front setback is determined for the district and is established in LMC 16.10 and LMC 16.12.
4. Side yard: Side setback is determined for the district and is established in LMC 16.10 and LMC 16.12.
5. Rear yard: Rear setback is determined for the district and is established in LMC 16.10 and LMC 16.12.
6. Building height: The maximum height for any commercial building shall be fifty feet (50’) measured from the natural grade level. Plans for all structures that are intended to be higher than thirty-five feet (35’) shall be reviewed by the planning & zoning board. The planning & zoning board shall deliver its recommendation to the legislative body for approval or disapproval.
Landscaping: A landscaping design for the site shall be reviewed and approved by the planning & zoning board at site plan review. A permanent sprinkling system shall be installed in all required landscaping except for approved dry-landscaping areas.
1. Front yard: At least fifty percent (50%) of the front yard (a strip at least three feet [3’] wide) shall be landscaped. The landscaping shall occur at the front property line. This standard shall apply to both frontages of a corner lot.
2. Side and rear yards: There shall be a minimum of three feet (3’) of landscaping between parking areas and side or rear property lines and a minimum of three feet (3’) of landscaping between an access driveway and a side or rear property line unless said driveway is to be used for common access by an adjacent lot. Other side and rear setback areas that are open to view from public right-of-way or from residential property shall also have a minimum of three feet (3’) of landscaping, provided that one access way not to exceed twelve feet (12') in width may be allowed to undeveloped property in the rear of a site. Irrespective of other requirements, developments abutting residential uses shall have a minimum of ten feet (10’) of perimeter landscaping where the development abuts such residential use and shall have large trees (minimum 1 1/2" caliper) and shrubs planted to form a buffer between uses. Trees shall be planted at thirty foot (30') spacing and shrubs on three feet (3’) centers. Buffer areas may be approved with interval landscaping when not open to view from public rights-of-way and where it can be shown that the buffer areas will conform to the intent of this ordinance.
3. Other landscaping:
  1. Landscaping planters and/or raised sidewalks shall be installed along buildings and any paved areas.
  2. All landscaped areas abutting any paved area shall be curbed (minimum of a four inch [4”] back and six inches [6”] high).
  3. At intersections of streets, driveways, sidewalks, etc., landscaping shall be limited to a height of not more than three and one-half feet (3 ½’) above top back of curb within the area required for minimum sight distances as specified in the geometric design guide (aashto) for local roads and streets.
4. Trees: Trees shall be required in front yards, at thirty foot (30’) intervals in accordance with the street planning guide for arterial and collector streets.
5. Landscaping in parking areas: Landscaping in parking areas may be required to channel traffic and may be considered as a portion of the overall landscaping of any particular site development.
6. Other non-parking areas: All unpaved areas not utilized for parking, access, or storage, shall be landscaped utilizing ground cover, shrub and tree materials, and/or dry landscape materials. Undeveloped areas proposed for future expansion shall be maintained free of weeds and trash.
7. The planting of trees, lawn and shrubs, or other material as approved is required within appropriate areas, especially along street frontage and along boundaries that abut residential lots, as provided for herein. When an area in a commercial, industrial, or multi-family residential zone is required to be landscaped by the terms of this ordinance, the requirement shall be met by the installation and maintenance of improvements as set forth below:
  1. Lawn and shrubs or a combination of shrubs, trees, vines, or other growing ground cover shall cover the entire area to be landscaped, except that water surfaces and dry landscaping may be allowed provided that such area shall not comprise more than 20 percent of the area required to be landscaped and must be approved by the planning & zoning board.
  2. All landscaping established as required by and in conformance to this section shall be maintained in a manner as to assure the continued growth of living materials placed therein and the removal of weeds, debris, and other matter not consistent with the provisions of this chapter.
Screening at district boundaries: An opaque screen shall be installed and maintained along lot lines that coincide with all district boundaries, other than streets, where the premises abut residential uses. Except as otherwise provided, it shall have a total height of six feet (6’). Where there is a difference in elevation on opposite sides of the screen the height shall be measured from the highest elevation. A screen shall consist of one, or any combination, of the following types:
1. Walls: Construction materials shall only include ceramic tile, stone, brick, concrete panels, concrete blocks, or other such materials as the Planning & Zoning board may approve. Concrete panels and posts must be reinforced with rebar and wire as approved by the town engineer.
2. Berms: A berm shall be not more than twenty feet (20’) in width at the base. It shall be constructed of earthen materials, and it shall be landscaped.
3. Solid Fences: A solid fence shall consist of wood and metal or other such materials forming an opaque screen and which conforms to structural requirements of the uniform building code.
4. Open Fences: An open-weave or mesh-type fence shall be combined with plant materials to form an opaque screen, as approved by the administrator.
5. No signs or sign supports shall be permitted on any required screening.
6. Notwithstanding the requirements listed above, where the finished elevation of the property is lower at the boundary line, or within five feet (5’) inside the boundary line, than an abutting property elevation, such change in elevation may be used in lieu of, or in combination with, additional screening to satisfy the screening requirements for this district.
7. Under special conditions where it has been determined that the development may create unique impacts on an adjoining residential district, the planning & zoning board may review and approve variations in screening such as open construction, screen height, placement of screen, or other types of screening.
Trash Containment: Storage areas containing garbage or rubbish (including recycling) containers (dumpsters) shall be screened with landscaping or opaque fencing. Each wall or fence shall be at least equal in height to the containers or dumpsters to be screened and shall be sufficient to screen such facilities from a public street or neighboring lot. No outdoor trash container storage shall be located within thirty feet (30’) of any residential use, and no such storage shall be permitted in a required front yard from the street to the building line.
Lighting: Electrical reflectors, spotlights, floodlights, and other sources of illumination may be used to illuminate buildings, landscaping, signs, and parking and loading areas on any property, provided they are equipped with proper lenses or other devices concentrating the illumination upon the building, landscaping, signs, and parking and loading areas and preventing any bright, direct illumination upon adjacent property or any public right-of-way. No unshielded white lights, reflectors, spotlights, strobe lights, flashing lights (message centers may be excluded from this prohibition), or search lights shall be so located that they are shining towards or are directly visible from frequently traveled public rights-of-way.
Signs: Signs are permitted in this district subject to the provisions of the sign regulations, which are outlined in LMC 16.38.010.
Parking lots and loading:
1. General: There shall be provided at the time of erection of any main building or at the time any main building is enlarged or increased in capacity, minimum off-street parking space with adequate provisions for ingress and egress by standard-size automobiles in accordance with the requirements herein.
2. Parking space size: A parking lot shall provide a logical balance of spaces to accommodate vehicles of various sizes.
3. Parking areas, development and maintenance: Every parcel of land hereafter used as a public or private parking area, including a commercial parking lot and also an automobile, farm equipment, or other open-air sales lot, shall be developed and maintained in accordance with the following requirements:
  1. Curb and gutter: The perimeter of the paved surface shall be finished with concrete (or other approved material) curb and gutter (minimum of a four inch [4”] back and six inches [6”] high).
  2. Surfacing: Every parcel of land hereafter used as a public parking area shall be paved with an asphaltic or concrete surfacing, shall have appropriate bumper guards where needed as determined by the administrator, and shall be so arranged and marked as to provide the orderly and safe loading or unloading and parking and storage of vehicles.
  3. Lighting: Lighting used to illuminate an off-street parking area shall be so arranged as to reflect the light away from adjoining residential premises or frequently-traveled public rights-of-way.
4. Loading areas: For every building or part thereof having a gross floor area of ten thousand (10,000) square feet or more, which is to be occupied by a commercial or industrial use to or from which delivery of materials or merchandise is regularly made by motor vehicles, there shall be provided and maintained, on the same lot with such building, at least one off-street loading space plus one for each additional twenty thousand (20,000) square feet or major fraction thereof. Each loading area shall be not less than fourteen feet (14’) in width, twenty-five feet (25’) in length, and fifteen feet (15’) in height. The loading area shall not occur forward of the building setback line on any street frontage.
Driveways and curb openings
1. One-way driveways shall be not less than twelve feet (12’) or more than thirty-two feet (32’) in width except that no two complementary one-way driveways may total more than forty feet (40’) in width. Two-way driveways shall be not less than twenty-five feet (25’) or more than thirty-two feet (32’) in width except as noted in sub-section (5) below. In determining the width of curb openings and spacing of driveways, the end transitions in each case will not be considered a part of the width of the curb opening.
2. Driveways shall be located a minimum of five feet (5’) from the side property line, measured from the nearest end transition point. This does not apply to side property lines abutting public rights-of-way.
3. Driveways shall have a minimum end transition (curb radius) of ten feet (10’) and a maximum of thirty feet (30’). There shall be at least twenty-two feet (22’) of full-height curb between the end transition point (point of curvature of the curb lines) of any two driveways, except as noted in sub-sections (4) and (6) below.
4. Where the common driveway is of the split, one-way directional type, there shall be at least five feet (5’) between the end transition points of the two driveways.
5. Wherever a common driveway is constructed serving two or more properties, the common curb opening shall have a maximum width of thirty-six feet (36’).
6. Where the adjacent public right-of-way road width is less than eighty feet (80’), no curb opening for a driveway shall be wider than thirty feet (30’), except as noted in sub-section (5) above.
7. Where the adjacent public right-of-way road width is eighty feet (80’) or more, no curb opening for a driveway shall be wider than thirty-six feet (36’), except as noted in sub-section (5) above.
8. The total width of all curb openings shall not exceed forty percent (40%) of the frontage. For corner lots, the total width of curb openings shall not exceed thirty percent (30%) of the combined frontages.
9. No point of curvature for any driveway curb opening shall be permitted within the following distances of the points of curvature for intersection curb turns:
  1. Forty feet (40’) if the intersection is signalized; and
  2. Forty feet (40’) if the intersecting street’s right-of-way is greater than seventy feet (70’); and
  3. Thirty feet (30’) if the intersecting street’s right-of-way is seventy feet (70’) or less.
10. Where the construction of more than one curb opening is required a concrete safety curb between curb openings, along and inside the property line, shall be provided when the property located between two driveways is used for the purpose of movement, storage, or parking of vehicles.
11. No curb opening will be approved which contemplates vehicle encroachment on any portion of the street right-of-way for loading, standing, or unloading.
12. Curb openings must serve only those off-street parking spaces or loading zones that conform to town standards.
13. Curb openings shall be entirely within the extension of the side property lines extended perpendicular to the street center line.
14. Curb openings and driveways shall be paved and shall provide adequate drainage.
15. Curbs for driveway approaches shall be of the radius type and be provided with wheel chair ramps.
16. Any unused or abandoned curb openings or portion thereof shall be restored to the original curb section at the expense of the abutting property owner. Upon refusal or neglect of the owner or agent to restore the curb and gutter to their original section, the town shall proceed to do such work, and all expenditures so incurred shall be charged against the owner or agent.
17. Improvements in the public right-of-way shall be designed and constructed in conformance with the applicable specifications. The minimum design vehicle shall be the single unit truck.
18. Special requirements for service stations: The maximum and suggested width of a driveway through the perimeter landscaped strip to a service station shall be forty feet (40’) for two-way vehicular movement and fifteen feet (15’) for one-way vehicular movement. No more than one two-way access way shall be permitted for any street frontage up to one hundred (100) lineal feet, and no more than two one-way access ways shall be permitted for any street frontage. For frontages of more than one hundred (100) lineal feet, two (2) two-way accesses, each a maximum and required width of twenty-four feet (24’), are permissible, but shall not be built on the same frontage as any other driveway. These standards are to be applicable to anyone ownership. In no case shall the end transition point of an access way be closer than twenty-five feet (25’) to the comer property line. No object shall be so situated as to interfere with the required sight-distance of intersections as set forth in the aashto specification. Driveway widths along roads controlled by the Utah department of transportation (UDOT) shall require a UDOT permit and shall comply with UDOT requirements.
Outside storage shall be completely screened by landscaping or opaque fencing, from view from any public street or abutting properties. This does not apply to representative displays of materials for sale but does apply to general inventories, miscellaneous merchandise, stockpiles, etc.
A grading and drainage plan, including primary on-site drainage water containment such as a sump, shall be submitted to the commission with the application. Primary on-site containment shall accommodate a twenty-five (25) year rain storm of one (1) hour's duration.

HISTORY
Adopted by Ord. 2017-01 on 10/4/2017

16.19.020 INDUSTRIAL PERFORMANCE STANDARDS

Purpose: The following performance standards are intended to ensure that all industries will provide necessary modem control methods to protect Levan Town 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.
General: 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 hazards; noise or vibration; smoke, dust, odor, or other form of air pollution; heat, cold, dampness, or glare; electrical, or other disturbance; liquid or solid refuse or water; 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."
1. State Agency Notification: The administrator shall confirm that the Utah State Department of Environmental Quality is informed of all applicants for uses authorized by this chapter.
2. Performance Standards Review: In addition to meeting other application requirements, applicants seeking approval for a light or medium industrial 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 & Zoning Board may refer the application for investigation and report to one or more expert consultants qualified to advise as to whether a proposed use will conform to the applicable performance standards specified in sub-section (C) of this section. 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.
3. Ruling by Planning & Zoning Board: 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 require a modification of the proposed plans, construction specifications, device, or operation, and shall so inform the building inspector.
4. Continued Compliance: Any use so authorized shall not relieve the applicant of the responsibility of meeting such standards when the plant is 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. These standards shall be established as conditions for approval of the proposed development.
5. Continued Enforcement: The administrator shall investigate any purported violation of performance standards and, if necessary for such investigation, may request that the Planning & Zoning Board employ qualified experts. If, after public hearing and due notice, the legislative body finds that a violation has existed or does exist, it shall order the 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 & Zoning Board may order the offending plant to cease operation until proper steps are taken to correct the conditions which caused the violation. The services of any qualified experts, employed by the Planning & Zoning Board to advise in establishing a violation, shall be paid by the violator if said violation is established, otherwise it shall be paid by the town.
6. Locations Where Determinations Are To Be Made for Enforcement of Performance Standards: 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.
Dangerous and objectionable Elements:
1. Noise: No use shall emit or cause the emission of sound from a stationary source such that the one (1) hour equivalent sound level (Leq) of resultant sound measurement at the lot line of the establishment or use exceeds by 6dBA or more the one (1) hour equivalent sound level (Leq) caused by ground transportation as estimated for that point of measurement and that time of day, pursuant to FHWA-RD-77-108, Highway Traffic Noise Prediction Model, or by other techniques at least as accurate as those set out in FHW A-RD-77 -108. The sound level measuring instrumentation shall conform with ANSI S1.4-1971 Type 1, and the measurement procedure shall be compatible with that according to ANSI S1.13-1971, with the following adjustments:
  1. Adjustment for Temporal and Tonal Characteristics of Sound: If the sound has a pronounced audible tonal quality such as a whine, screech, buzz, or hum, or if the sound has an audible cyclic variation in sound level such as beating or other amplitude modulation, 5dBA shall be added to the measured sound level to allow for increased subjective response to the sound.
  2. Quasi-Steady Impulsive Sound: Where the sound is of a repetitive impulse nature so that a steady reading is obtained using the "slow response" setting on the sound level meter, then 10dBA shall be added to the measured value to allow for the increased subjective response to the sound.
    
    An adjustment may be made under only one (1) of the paragraphs (a) and (b) above. In a case where both paragraphs apply, then paragraph (b) takes precedence.
2. Vibration: No vibration (other than from transportation facilities or temporary construction work) shall be permitted which is discernible without instruments at the property line of the industrial use.
3. 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 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.
4. 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 property line of the industrial use. This restriction shall not apply to signs or lighting of buildings or grounds for advertising or protection otherwise permitted by the provisions of this ordinance.
5. 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 standard in the industry. Burning of waste materials in open fires is prohibited at any point.
6. Air Pollution: No particulate or gaseous pollutants shall be emitted into the air in violation of the Utah State Air Conservation Act, its amendments, or resulting regulations.
7. Liquid or Solid Wastes: No discharge at any point into a public sewer, private sewage system, or stream, or into the ground shall be allowed contrary to the Utah State Water Pollution Control Act, its amendments, the subsequent Wastewater Disposal Regulations, or the Utah Code of Solid Waste Disposal Regulations.

HISTORY
Adopted by Ord. 2017-01 on 10/4/2017

2017-01

Levan City Zoning Code

16.19 COMMERCIAL

AND INDUSTRIAL PERFORMANCE STANDARDS

16.19.010 COMMERCIAL PERFORMANCE STANDARDS

Purpose: This chapter shall apply to all commercial development within Levan town and shall establish performance and development standards to encourage and facilitate the orderly growth and development of the town. These standards are intended to provide good building and area design and to insure compliance with the district regulations and other provisions of this ordinance relating to public health, safety, and general welfare. The standards set forth within this chapter shall be interpreted to be the minimum standard within the designated district unless stated otherwise. To the maximum extent possible, these requirements shall apply to existing commercial developments when either of the following occurs:
1. The occupied square footage of the main structure is enlarged by more than forty-five percent (45%).
2. The building is remodeled or expanded and the expansion or remodeling has a valuation of over one hundred thousand dollars ($100,000) as determined by the building inspector.
Lotsize and frontage:
1. Lot size: No limitations for commercial or industrial uses, except that all off-street parking and yard requirements shall be accommodated.
2. Frontage on arterial or collector streets: Uses with at least one hundred feet (100’) of frontage are allowed one access onto an arterial or collector street as designated in the transportation and circulation map of Levan town. Uses with less than one hundred feet (100’) of frontage shall not be permitted direct access onto an arterial or collector street. Such uses shall be required to share a common driveway in order to assure one hundred feet (100’) of distance between driveways.
3. Frontage on minor or local streets: Uses with at least sixty feet (60’) of frontage are allowed one access onto a minor or local street as designated on the transportation and circulation map. Uses with less than sixty feet (60’) of frontage shall not be permitted direct access onto a minor or local street. Such uses shall be required to share a common drive in order to assure seventy feet (70’) between driveways.
Building location:
1. No building, with the exception of any portion that contains a drive up window or counter, shall be closer than five feet (5’) from any private road or driveway. Structures which are adjacent to a plaza, mall, district entryway, or other permanent pedestrian open space under the same ownership as the structure may abut the space and have openings onto such appurtenances.
2. The public street right-of-way shall be considered the front property line of a lot. Where a lot is bordered on two or more sides by a public street right-of-way, all such sides shall be considered as front property lines, and the area between the front property line and the building lines shall be known as the front setback area in all cases.
3. Front yard: The front setback is determined for the district and is established in LMC 16.10 and LMC 16.12.
4. Side yard: Side setback is determined for the district and is established in LMC 16.10 and LMC 16.12.
5. Rear yard: Rear setback is determined for the district and is established in LMC 16.10 and LMC 16.12.
6. Building height: The maximum height for any commercial building shall be fifty feet (50’) measured from the natural grade level. Plans for all structures that are intended to be higher than thirty-five feet (35’) shall be reviewed by the planning & zoning board. The planning & zoning board shall deliver its recommendation to the legislative body for approval or disapproval.
Landscaping: A landscaping design for the site shall be reviewed and approved by the planning & zoning board at site plan review. A permanent sprinkling system shall be installed in all required landscaping except for approved dry-landscaping areas.
1. Front yard: At least fifty percent (50%) of the front yard (a strip at least three feet [3’] wide) shall be landscaped. The landscaping shall occur at the front property line. This standard shall apply to both frontages of a corner lot.
2. Side and rear yards: There shall be a minimum of three feet (3’) of landscaping between parking areas and side or rear property lines and a minimum of three feet (3’) of landscaping between an access driveway and a side or rear property line unless said driveway is to be used for common access by an adjacent lot. Other side and rear setback areas that are open to view from public right-of-way or from residential property shall also have a minimum of three feet (3’) of landscaping, provided that one access way not to exceed twelve feet (12') in width may be allowed to undeveloped property in the rear of a site. Irrespective of other requirements, developments abutting residential uses shall have a minimum of ten feet (10’) of perimeter landscaping where the development abuts such residential use and shall have large trees (minimum 1 1/2" caliper) and shrubs planted to form a buffer between uses. Trees shall be planted at thirty foot (30') spacing and shrubs on three feet (3’) centers. Buffer areas may be approved with interval landscaping when not open to view from public rights-of-way and where it can be shown that the buffer areas will conform to the intent of this ordinance.
3. Other landscaping:
  1. Landscaping planters and/or raised sidewalks shall be installed along buildings and any paved areas.
  2. All landscaped areas abutting any paved area shall be curbed (minimum of a four inch [4”] back and six inches [6”] high).
  3. At intersections of streets, driveways, sidewalks, etc., landscaping shall be limited to a height of not more than three and one-half feet (3 ½’) above top back of curb within the area required for minimum sight distances as specified in the geometric design guide (aashto) for local roads and streets.
4. Trees: Trees shall be required in front yards, at thirty foot (30’) intervals in accordance with the street planning guide for arterial and collector streets.
5. Landscaping in parking areas: Landscaping in parking areas may be required to channel traffic and may be considered as a portion of the overall landscaping of any particular site development.
6. Other non-parking areas: All unpaved areas not utilized for parking, access, or storage, shall be landscaped utilizing ground cover, shrub and tree materials, and/or dry landscape materials. Undeveloped areas proposed for future expansion shall be maintained free of weeds and trash.
7. The planting of trees, lawn and shrubs, or other material as approved is required within appropriate areas, especially along street frontage and along boundaries that abut residential lots, as provided for herein. When an area in a commercial, industrial, or multi-family residential zone is required to be landscaped by the terms of this ordinance, the requirement shall be met by the installation and maintenance of improvements as set forth below:
  1. Lawn and shrubs or a combination of shrubs, trees, vines, or other growing ground cover shall cover the entire area to be landscaped, except that water surfaces and dry landscaping may be allowed provided that such area shall not comprise more than 20 percent of the area required to be landscaped and must be approved by the planning & zoning board.
  2. All landscaping established as required by and in conformance to this section shall be maintained in a manner as to assure the continued growth of living materials placed therein and the removal of weeds, debris, and other matter not consistent with the provisions of this chapter.
Screening at district boundaries: An opaque screen shall be installed and maintained along lot lines that coincide with all district boundaries, other than streets, where the premises abut residential uses. Except as otherwise provided, it shall have a total height of six feet (6’). Where there is a difference in elevation on opposite sides of the screen the height shall be measured from the highest elevation. A screen shall consist of one, or any combination, of the following types:
1. Walls: Construction materials shall only include ceramic tile, stone, brick, concrete panels, concrete blocks, or other such materials as the Planning & Zoning board may approve. Concrete panels and posts must be reinforced with rebar and wire as approved by the town engineer.
2. Berms: A berm shall be not more than twenty feet (20’) in width at the base. It shall be constructed of earthen materials, and it shall be landscaped.
3. Solid Fences: A solid fence shall consist of wood and metal or other such materials forming an opaque screen and which conforms to structural requirements of the uniform building code.
4. Open Fences: An open-weave or mesh-type fence shall be combined with plant materials to form an opaque screen, as approved by the administrator.
5. No signs or sign supports shall be permitted on any required screening.
6. Notwithstanding the requirements listed above, where the finished elevation of the property is lower at the boundary line, or within five feet (5’) inside the boundary line, than an abutting property elevation, such change in elevation may be used in lieu of, or in combination with, additional screening to satisfy the screening requirements for this district.
7. Under special conditions where it has been determined that the development may create unique impacts on an adjoining residential district, the planning & zoning board may review and approve variations in screening such as open construction, screen height, placement of screen, or other types of screening.
Trash Containment: Storage areas containing garbage or rubbish (including recycling) containers (dumpsters) shall be screened with landscaping or opaque fencing. Each wall or fence shall be at least equal in height to the containers or dumpsters to be screened and shall be sufficient to screen such facilities from a public street or neighboring lot. No outdoor trash container storage shall be located within thirty feet (30’) of any residential use, and no such storage shall be permitted in a required front yard from the street to the building line.
Lighting: Electrical reflectors, spotlights, floodlights, and other sources of illumination may be used to illuminate buildings, landscaping, signs, and parking and loading areas on any property, provided they are equipped with proper lenses or other devices concentrating the illumination upon the building, landscaping, signs, and parking and loading areas and preventing any bright, direct illumination upon adjacent property or any public right-of-way. No unshielded white lights, reflectors, spotlights, strobe lights, flashing lights (message centers may be excluded from this prohibition), or search lights shall be so located that they are shining towards or are directly visible from frequently traveled public rights-of-way.
Signs: Signs are permitted in this district subject to the provisions of the sign regulations, which are outlined in LMC 16.38.010.
Parking lots and loading:
1. General: There shall be provided at the time of erection of any main building or at the time any main building is enlarged or increased in capacity, minimum off-street parking space with adequate provisions for ingress and egress by standard-size automobiles in accordance with the requirements herein.
2. Parking space size: A parking lot shall provide a logical balance of spaces to accommodate vehicles of various sizes.
3. Parking areas, development and maintenance: Every parcel of land hereafter used as a public or private parking area, including a commercial parking lot and also an automobile, farm equipment, or other open-air sales lot, shall be developed and maintained in accordance with the following requirements:
  1. Curb and gutter: The perimeter of the paved surface shall be finished with concrete (or other approved material) curb and gutter (minimum of a four inch [4”] back and six inches [6”] high).
  2. Surfacing: Every parcel of land hereafter used as a public parking area shall be paved with an asphaltic or concrete surfacing, shall have appropriate bumper guards where needed as determined by the administrator, and shall be so arranged and marked as to provide the orderly and safe loading or unloading and parking and storage of vehicles.
  3. Lighting: Lighting used to illuminate an off-street parking area shall be so arranged as to reflect the light away from adjoining residential premises or frequently-traveled public rights-of-way.
4. Loading areas: For every building or part thereof having a gross floor area of ten thousand (10,000) square feet or more, which is to be occupied by a commercial or industrial use to or from which delivery of materials or merchandise is regularly made by motor vehicles, there shall be provided and maintained, on the same lot with such building, at least one off-street loading space plus one for each additional twenty thousand (20,000) square feet or major fraction thereof. Each loading area shall be not less than fourteen feet (14’) in width, twenty-five feet (25’) in length, and fifteen feet (15’) in height. The loading area shall not occur forward of the building setback line on any street frontage.
Driveways and curb openings
1. One-way driveways shall be not less than twelve feet (12’) or more than thirty-two feet (32’) in width except that no two complementary one-way driveways may total more than forty feet (40’) in width. Two-way driveways shall be not less than twenty-five feet (25’) or more than thirty-two feet (32’) in width except as noted in sub-section (5) below. In determining the width of curb openings and spacing of driveways, the end transitions in each case will not be considered a part of the width of the curb opening.
2. Driveways shall be located a minimum of five feet (5’) from the side property line, measured from the nearest end transition point. This does not apply to side property lines abutting public rights-of-way.
3. Driveways shall have a minimum end transition (curb radius) of ten feet (10’) and a maximum of thirty feet (30’). There shall be at least twenty-two feet (22’) of full-height curb between the end transition point (point of curvature of the curb lines) of any two driveways, except as noted in sub-sections (4) and (6) below.
4. Where the common driveway is of the split, one-way directional type, there shall be at least five feet (5’) between the end transition points of the two driveways.
5. Wherever a common driveway is constructed serving two or more properties, the common curb opening shall have a maximum width of thirty-six feet (36’).
6. Where the adjacent public right-of-way road width is less than eighty feet (80’), no curb opening for a driveway shall be wider than thirty feet (30’), except as noted in sub-section (5) above.
7. Where the adjacent public right-of-way road width is eighty feet (80’) or more, no curb opening for a driveway shall be wider than thirty-six feet (36’), except as noted in sub-section (5) above.
8. The total width of all curb openings shall not exceed forty percent (40%) of the frontage. For corner lots, the total width of curb openings shall not exceed thirty percent (30%) of the combined frontages.
9. No point of curvature for any driveway curb opening shall be permitted within the following distances of the points of curvature for intersection curb turns:
  1. Forty feet (40’) if the intersection is signalized; and
  2. Forty feet (40’) if the intersecting street’s right-of-way is greater than seventy feet (70’); and
  3. Thirty feet (30’) if the intersecting street’s right-of-way is seventy feet (70’) or less.
10. Where the construction of more than one curb opening is required a concrete safety curb between curb openings, along and inside the property line, shall be provided when the property located between two driveways is used for the purpose of movement, storage, or parking of vehicles.
11. No curb opening will be approved which contemplates vehicle encroachment on any portion of the street right-of-way for loading, standing, or unloading.
12. Curb openings must serve only those off-street parking spaces or loading zones that conform to town standards.
13. Curb openings shall be entirely within the extension of the side property lines extended perpendicular to the street center line.
14. Curb openings and driveways shall be paved and shall provide adequate drainage.
15. Curbs for driveway approaches shall be of the radius type and be provided with wheel chair ramps.
16. Any unused or abandoned curb openings or portion thereof shall be restored to the original curb section at the expense of the abutting property owner. Upon refusal or neglect of the owner or agent to restore the curb and gutter to their original section, the town shall proceed to do such work, and all expenditures so incurred shall be charged against the owner or agent.
17. Improvements in the public right-of-way shall be designed and constructed in conformance with the applicable specifications. The minimum design vehicle shall be the single unit truck.
18. Special requirements for service stations: The maximum and suggested width of a driveway through the perimeter landscaped strip to a service station shall be forty feet (40’) for two-way vehicular movement and fifteen feet (15’) for one-way vehicular movement. No more than one two-way access way shall be permitted for any street frontage up to one hundred (100) lineal feet, and no more than two one-way access ways shall be permitted for any street frontage. For frontages of more than one hundred (100) lineal feet, two (2) two-way accesses, each a maximum and required width of twenty-four feet (24’), are permissible, but shall not be built on the same frontage as any other driveway. These standards are to be applicable to anyone ownership. In no case shall the end transition point of an access way be closer than twenty-five feet (25’) to the comer property line. No object shall be so situated as to interfere with the required sight-distance of intersections as set forth in the aashto specification. Driveway widths along roads controlled by the Utah department of transportation (UDOT) shall require a UDOT permit and shall comply with UDOT requirements.
Outside storage shall be completely screened by landscaping or opaque fencing, from view from any public street or abutting properties. This does not apply to representative displays of materials for sale but does apply to general inventories, miscellaneous merchandise, stockpiles, etc.
A grading and drainage plan, including primary on-site drainage water containment such as a sump, shall be submitted to the commission with the application. Primary on-site containment shall accommodate a twenty-five (25) year rain storm of one (1) hour's duration.

HISTORY
Adopted by Ord. 2017-01 on 10/4/2017

16.19.020 INDUSTRIAL PERFORMANCE STANDARDS

Purpose: The following performance standards are intended to ensure that all industries will provide necessary modem control methods to protect Levan Town 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.
General: 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 hazards; noise or vibration; smoke, dust, odor, or other form of air pollution; heat, cold, dampness, or glare; electrical, or other disturbance; liquid or solid refuse or water; 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."
1. State Agency Notification: The administrator shall confirm that the Utah State Department of Environmental Quality is informed of all applicants for uses authorized by this chapter.
2. Performance Standards Review: In addition to meeting other application requirements, applicants seeking approval for a light or medium industrial 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 & Zoning Board may refer the application for investigation and report to one or more expert consultants qualified to advise as to whether a proposed use will conform to the applicable performance standards specified in sub-section (C) of this section. 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.
3. Ruling by Planning & Zoning Board: 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 require a modification of the proposed plans, construction specifications, device, or operation, and shall so inform the building inspector.
4. Continued Compliance: Any use so authorized shall not relieve the applicant of the responsibility of meeting such standards when the plant is 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. These standards shall be established as conditions for approval of the proposed development.
5. Continued Enforcement: The administrator shall investigate any purported violation of performance standards and, if necessary for such investigation, may request that the Planning & Zoning Board employ qualified experts. If, after public hearing and due notice, the legislative body finds that a violation has existed or does exist, it shall order the 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 & Zoning Board may order the offending plant to cease operation until proper steps are taken to correct the conditions which caused the violation. The services of any qualified experts, employed by the Planning & Zoning Board to advise in establishing a violation, shall be paid by the violator if said violation is established, otherwise it shall be paid by the town.
6. Locations Where Determinations Are To Be Made for Enforcement of Performance Standards: 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.
Dangerous and objectionable Elements:
1. Noise: No use shall emit or cause the emission of sound from a stationary source such that the one (1) hour equivalent sound level (Leq) of resultant sound measurement at the lot line of the establishment or use exceeds by 6dBA or more the one (1) hour equivalent sound level (Leq) caused by ground transportation as estimated for that point of measurement and that time of day, pursuant to FHWA-RD-77-108, Highway Traffic Noise Prediction Model, or by other techniques at least as accurate as those set out in FHW A-RD-77 -108. The sound level measuring instrumentation shall conform with ANSI S1.4-1971 Type 1, and the measurement procedure shall be compatible with that according to ANSI S1.13-1971, with the following adjustments:
  1. Adjustment for Temporal and Tonal Characteristics of Sound: If the sound has a pronounced audible tonal quality such as a whine, screech, buzz, or hum, or if the sound has an audible cyclic variation in sound level such as beating or other amplitude modulation, 5dBA shall be added to the measured sound level to allow for increased subjective response to the sound.
  2. Quasi-Steady Impulsive Sound: Where the sound is of a repetitive impulse nature so that a steady reading is obtained using the "slow response" setting on the sound level meter, then 10dBA shall be added to the measured value to allow for the increased subjective response to the sound.
    
    An adjustment may be made under only one (1) of the paragraphs (a) and (b) above. In a case where both paragraphs apply, then paragraph (b) takes precedence.
2. Vibration: No vibration (other than from transportation facilities or temporary construction work) shall be permitted which is discernible without instruments at the property line of the industrial use.
3. 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 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.
4. 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 property line of the industrial use. This restriction shall not apply to signs or lighting of buildings or grounds for advertising or protection otherwise permitted by the provisions of this ordinance.
5. 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 standard in the industry. Burning of waste materials in open fires is prohibited at any point.
6. Air Pollution: No particulate or gaseous pollutants shall be emitted into the air in violation of the Utah State Air Conservation Act, its amendments, or resulting regulations.
7. Liquid or Solid Wastes: No discharge at any point into a public sewer, private sewage system, or stream, or into the ground shall be allowed contrary to the Utah State Water Pollution Control Act, its amendments, the subsequent Wastewater Disposal Regulations, or the Utah Code of Solid Waste Disposal Regulations.

HISTORY
Adopted by Ord. 2017-01 on 10/4/2017