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Mountain Home City Zoning Code

CHAPTER 20

RAILWAY INDUSTRIAL PARK OVERLAY ZONE

9-20-1: INTENT:

It is the intent of this chapter to:
   A.   Encourage imaginative design by permitting greater flexibility in zoning requirements than is generally permitted by other chapters of this title;
   B.   To encourage comprehensive planning of large industrial sites;
   C.    Preserve to the greatest possible extent the natural characteristics of the land, including topography, natural vegetation, waterways, views, and the like;
   D.   To establish development standards which provide compatibility with surrounding residential, commercial or other developments and offer protection from industrial blight;
   E.   Provide for maximum efficiency in the layout of streets, utility networks, open space, landscaping requirements and other public improvements; and
   F.   Provide a guide for developers and city officials in meeting the purpose and provisions of this chapter. (Ord. 1688, 2-10-2020)

9-20-2: WHERE PERMITTED:

Railway industrial park developments may be permitted in areas that have been zoned with the Railway Industrial Park Overlay Zone provided they are consistent with the development standards in section 9-20-5 . (Ord. 1688, 2-10-2020)

9-20-3: PERMITTED USES:

Subject to the provisions of this title, the following uses are permitted in planned industrial developments:
   A.   All uses permitted as a matter of right in the Light Industrial Zoning District; and
   B.   Uses permitted as a matter of right or with an approved conditional use permit in the Heavy Industrial Zone will be allowed with an approved conditional use permit in this overlay zone. (Ord. 1688, 2-10-2020)

9-20-4: RELATIONSHIP TO OTHER ORDINANCE PROVISIONS:

   A.   Zoning Requirements: The provisions of the Zoning Ordinance pertaining to land use of the Light Industrial Zoning District shall govern the use of land in this overlay zone. The specific setback, lot size, height limits, lot coverage and other dimensional requirements are waived, and the regulations for Planned Industrial Developments ("PIDs") shall be those indicated in section 9-20-5 .
   B.   Platting Requirements: A PID shall be exempt from the specific design requirements of chapter 9-16, except that when any parcel of land in a PID is intended for individual ownership, sale or public dedication, the platting requirements of chapter 9-16 and applicable state laws pertaining to the subdivision and conveyancing of land and the preparation of maps shall be followed and such land division shall be approved city staff. (Ord. 1688, 2-10-2020)

9-20-5: DEVELOPMENT STANDARDS:

Site development plans shall conform with the following standards:
   A.   Relationship Of PID Site To Adjacent Areas: The design of a PID shall take into account the relationship of the site to the surrounding areas. The perimeter of the PID shall be so designed as to minimize undesirable impact of the PID on adjacent properties and, conversely, to minimize undesirable impact of adjacent land use and development characteristics on the PID.
   B.   Lot Size: The minimum lot size provisions of other chapters of the zoning title are waived in a planned industrial development.
   C.   Setback And Side Yard Requirements: Setbacks from the exterior boundary line of the PID area shall be comparable to or compatible with those of existing development of adjacent properties or, if adjacent properties are undeveloped, the type of development which may reasonably be expected on such properties given the existing zoning of such properties or the projections of the comprehensive plan.
   D.   Additional requirements will be imposed an parcels that are adjacent to 5th Street to provide for adequate buffering of residential and commercial uses. Additional buffering may include, but is not limited to, berms, fence or wall construction, setbacks, and/or landscaping.
   E.   Parking: Parking shall be provided in a PID in the same ratios for types of buildings and uses as required for the underlying zoning district.
   F.   Height Limits: Height limits will be imposed if necessary, to prevent detrimental effects.
   G.   Railway Transportation Terminals: Any railroad improvements shall comply with Union Pacific and applicable railroad regulations.
   H.   Plans:
      1.   Each PID shall include a landscape plan. Landscaping must be included within the interior of the lot. Suitable ground cover may include native vegetation, grass, or bark mulch. Native vegetation or stands of trees existing prior to development of the site may be acceptable to meet all or part of the landscape requirements. All deciduous trees shall have a minimum of one and one half inch (1.5") caliper measured six inches (6") above existing grade and all conifers shall be six to eight feet (6' - 8') tall at time of planting.
      2.   Adjacent Areas: Parcels or lots which share a common boundary with properties in a residential or commercial district shall provide a fifteen foot (15') strip for landscaping along the common boundary.
      3.   The perimeters of all parking areas shall be landscaped in such a way as to create a division between streets and parking areas, at the same time not obstructing the view of any walkways, driveways, or streets around entrances or exits to the site.
      4.   Refuse:
      a.   Refuse container screening shall be required and be native and drought tolerant landscaping or material and design compatible with the overall architectural theme of the associated structure. Screening shall be at least as high as the refuse container.
      b.   No refuse container shall be permitted between a street and the front of a building.
      c.   Refuse collection areas shall be designed to contain all refuse generated on site and deposited between collections. Deposited refuse shall not be visible from outside the refuse enclosure.
      5.   Plot Plan: Plan Requirements: The site plan shall be accurately drawn, using an appropriate engineering or architect scale, and showing the following:
         a.   Boundaries and dimensions of the site;
         b.   Location and identification of all streets, alleys and easements on or abutting the site;
         c.   Location and approximate dimension of all conforming structures within one hundred feet (100') of the site on abutting properties;
         d.   Proposed location and dimensions of all on-site buildings;
         e.   Existing and proposed topography at a maximum of five foot (5') contours, or by an alternate method approved by the city;
         f.   Proposed landscaping including location, species and size at time of planting;
         g.   Existing vegetation in general and identifying all conifer and deciduous trees four inches (4") and greater in diameter measured at twenty four inches (24") above grade level;
         h.   Details of any proposed architectural barriers;
         i.   Location of existing and proposed driveways and parking surfaces, curbs and sidewalks.
         j.   Proposed lighting plan, including lighting for landscape, buildings, perimeters, streets, and parking lots.
      6.   Installation And Security Requirements:
         a.   Landscaping required pursuant to this chapter must be installed to the satisfaction of the city, in accordance with the approved site plan, no later than three (3) months after issuance of a certificate of occupancy for the project. The city may extend the time limit for compliance after issuance of a certificate of occupancy when circumstances beyond the control of the applicant warrant an extension.
         b.   The city may require performance bonds or other appropriate security, including letters of credit and set aside letters, to ensure landscaping will be installed and maintained for one (1) year, according to the approved plan and specifications.
      7.   Maintenance And Enforcement: All landscaped areas required by this code shall be planted according to accepted practice in good soil with a water source within seventy five feet (75') (except for self-sustaining natural-type growth commonly occurring in the vicinity of the development) and maintained with respect to pruning, trimming, watering or other requirements to create an attractive appearance and a healthy growing condition. Dead, diseased, stolen or vandalized plantings shall be replaced within three (3) months. Property owners shall keep the planting area reasonably free of weeds and trash. Lack of maintenance shall constitute a violation of this code. The city shall have the authority to enforce the standards set forth in this chapter and the conditions attached to all permits for development pursuant to application of this chapter. (Ord. 1688, 2-10-2020)

9-20-6: ENVIRONMENTAL PERFORMANCE STANDARDS:

It shall be the responsibility of the operator and/or the proprietor of any permitted use to provide such reasonable evidence and technical data as the city may require to demonstrate that the use or activity will not be detrimental to the environment. In addition, any outside storage must have sight-obscuring screening around the storage area. All stored materials shall not exceed the height of the screening. Failure of the city to require such information shall not be construed as relieving the operator and/or the proprietor from compliance with any state or federal environmental regulations. (Ord. 1688, 2-10-2020)

9-20-7: PRELIMINARY REVIEW AND APPROVAL - APPLICATION - ELIGIBILITY AND PROCEDURE:

   A.   Who May Apply: Any owner or group of owners of property acting jointly, or a developer authorized to act as agent for an owner or group of owners, may submit an application for PID development.
   B.   Review Procedure:
      1.   Proposed projects on sites less than twenty five (25) acres shall be reviewed according to the administrative review procedures contained in section 9-16-11 (E) of this code and in accordance with the development and performance standards of this chapter. If city staff determines that a proposed project on a site less than twenty five (25) acres may affect surrounding properties, staff may require a conditional use permit on such project.
      2.   Proposed projects on sites of twenty five (25) acres or more shall obtain a conditional use permit. (Ord. 1688, 2-10-2020)

9-20-8: PRELIMINARY REVIEW AND APPROVAL - APPLICATION - REQUIRED DOCUMENTATION:

An application for PID development shall include the following, with the application to include five (5) physical copies and one (1) digital copy (including CAD as applicable) of all documents:
   A.   Vicinity sketch showing the location of the site and its relationship to surrounding areas, including existing streets, driveways, major physiographic features such as railroads, lakes, streams, shorelines, schools, parks, and other prominent features.
   B.   A map or maps of the site at a scale not smaller than one hundred feet to the inch (100':1") showing all the information required for a preliminary plat plus the following:
      1.   Site boundaries;
      2.   Streets bounding or abutting the site;
      3.   Proposed building including dimensions, setbacks, identification of types;
      4.   Location and dimensions of open spaces;
      5.   Existing and proposed contours including natural features;
      6.   Parking facilities, their design, size and capacity;
      7.   Circulation plan (vehicular and pedestrian) and points of ingress and egress from the site, and their relationship to ingress and egress of neighborhood properties;
      8.   Existing buildings and indication of future use or disposition;
      9.   Landscaping plan;
      10.   Lighting plan;
      11.   Typical front and side elevations and exterior architectural treatments of the proposed units; and
      12.   Conceptual utility plan, including water, sewer, storm drainage and lighting.
   C.   In addition to the graphic materials, the developer shall submit a written statement providing the following information:
      1.   Program for development including estimated staging or timing of development;
      2.   Proposed ownership pattern upon completion of development;
      3.   Basic content of restrictive covenants; and
      4.   Provisions to assure permanence and maintenance of common open space.
   D.   The application fee for a PID, as set by resolution of the city, shall be paid upon submittal of the application. (Ord. 1688, 2-10-2020)

9-20-9: FINAL REVIEW AND APPROVAL - APPLICATION - FILING TIME LIMITATION:

An application for final review and approval shall be filed by the applicant within twenty four (24) months of the date on which preliminary approval was given. An extension may be granted by the city following an administrative review and approval. If application for final approval is not made within twenty four (24) months or within the time for which an extension has been granted, the plan shall be considered abandoned and the development of the property shall be subject to the normal requirements. Final review approval is required prior to the commencement of any construction. (Ord. 1688, 2-10-2020)

9-20-10: FINAL REVIEW AND APPROVAL - APPLICATION - PARTIAL PID AREA:

An application for final review and approval may be filed for part of a PID area for which preliminary approval has been granted. A final plan for a part of a PID shall provide the same proportion of open space and the same overall development coverage as the overall preliminary plan. (Ord. 1688, 2-10-2020)

9-20-11: FINAL REVIEW AND APPROVAL - APPLICATION - REQUIRED DOCUMENTATION:

The applicant shall submit five (5) physical copies and one (1) digital copy (including CAD as applicable) of the final development plan of the proposed development to the planning and zoning department for its review. The final development plan shall comply with the conditions imposed on the preliminary development plan. In addition, if the development is being subdivided, the data required of regular plats as required by chapter 9-16 must be submitted. The plan shall include the following:
   A.   Final elevation and perspective drawings of project structures;
   B.   Final landscaping plan;
   C.   Final plans of and including profiles of the drainage, water, sewer, lighting, streets, and sidewalks or pathways; and
   D.   Such other documentation, information and data not lending itself to graphic presentation such as restrictive covenants, dedications of easements, rights-of-way, and other conditions specifically required by the city for the particular PID. No final development plan shall be deemed acceptable for filing unless all of the above information is submitted in accurate and complete form sufficient for the purposes of community and economic development department review. After receiving the final development plan, the planning and zoning department shall route the same to all appropriate city departments and each department shall again submit to the planning and zoning department comments and recommendations. If the city departments determine that the final map conforms fully with all applicable regulations and standards, the final map shall be presented to the city council for final approval. (Ord. 1688, 2-10-2020)

9-20-12: ADJUSTMENTS:

   A.   Minor adjustments may be made and approved by the city staff when a building permit is issued. Minor adjustments are those which may affect the precise dimensions or siting of buildings, but which do not affect the basic character or arrangement of buildings approved in the final plan, nor the development coverage of the development or the open space requirements. Such dimensional adjustments shall not vary more than ten percent (10%) from the original.
   B.   Major adjustments for PIDs of twenty five (25) acres or larger are those which, in the opinion of the city, substantially change the basic design, coverage, open space or other requirements of the planned industrial development. When, in the opinion of the city staff, a change constitutes a major adjustment for a PID of twenty five (25) acres or larger, no building or other permit shall be issued without prior review and approval by the city council of such adjustment. (Ord. 1688, 2-10-2020)

9-20-13: PARTIES BOUND:

Once the preliminary development plan is approved, all persons and parties, their successors, heirs, or assigns, who own, have, or will have by virtue of purchase, inheritance or assignment, any interest in the real property within the proposed PID, shall be bound by the conditions attending the approval of the development and the provisions of this title. (Ord. 1688, 2-10-2020)

9-20-14: COMMENCEMENT OF CONSTRUCTION:

Construction of infrastructure for a PID project shall begin within twelve (12) months from the date of the final approval of the plan. An extension of time for beginning construction may be requested in writing by the applicant and an extension may be granted by the city following an administrative review and approval. If construction is not begun within one (1) year or within the time for which an extension has been granted, the plan shall be considered abandoned and the development of the property shall be subject to the normal requirements and limitations of the underlying zone and chapter 9-16. (Ord. 1688, 2-10-2020)

9-20-15: APPEALS:

Any final decision by the zoning administrator or city staff related to this chapter may be appealed pursuant to the procedures set forth in section 9-6-5 of this code. (Ord. 1688, 2-10-2020)