Nephi City Zoning Code

1. Industrial 4 Zone (ID4) is established to create areas in the city where the use of data centers, and associated support uses may be permitted by right and located.
2. With the goal of integrating these facilities into the community by balancing their unique needs with the surrounding environment and other land uses.
3. And, choosing locations for this zone and use that is intended to blend with adjacent industrial uses, and be reasonably dispersed throughout the community.
4. Also, to protect residential and commercial land uses in the vicinity from noise, and other disturbances, or environmental impacts to ensure compatibility with the community as a whole.

HISTORY:

1. Permitted Uses: In the Industrial 4 Zone (ID4), no building, land, or use shall be constructed, changed or expanded, which is arranged, intended, or designed to be used for anything other than one or more of the following uses.
2. All uses listed are permitted by right, and all uses not listed are disallowed, see Definition Section 10.2.2 for detailed descriptions:
3. Data Center Accessory Buildings and Uses
4. Data Center Main Buildings
5. Data Center Site Improvements or Structures
6. Utilities (Public and Private), however creating power from wind generation is prohibited, and not included in this permitted by right use section, but power used from wind generation conducted outside of the city boundaries is included in this section, however, wind power may be delivered and consumed at any of the listed permitted uses.

HISTORY:

1. Lot Size (Area) and Density: The minimum lot size (area) for a parcel or lot in the Industrial 4 Zone (ID4) shall be not less than ten (10) acres, or approximately 435,600 square feet per data center complex, and less than one-half (1/2) acre, or approximately 21,780 square feet per parcel or lot for all other industrial uses. The minimum density of structure to land may vary.
2. Any industrial or data complex in the zone may allow multiple industrial buildings or structures on any one parcel or lot, but a notice may be filed at the Juab County Recorder's Office by the city that includes an approved site plan of the complex for reference, and states that, "This site plan was approved in it's entirety, and no land subdivision of the property, with or without separate structures is allowed for this site, unless the property owner's first adhere to the Nephi City Subdivision, Site Plan, and Land Development Regulations found in Title 11 of their code".

HISTORY:

1. The minimum width of any lot or parcel for industrial development in the Industrial 4 Zone (ID4) shall be one-hundred, forty (140) feet at the required front setback line. 

HISTORY:

1. All Front, Rear, and Side Yards for all Main Buildings in the ID4 Zone shall be setback from all property boundaries:
2. One, and one-half (1 ½) feet for every foot in the building's height.
3. With a minimum setback of fifty (50) feet.
4. Setback shall be measured from the outside wall on the main floor of the structure to the property line.
5. Separation from Main Buildings: There shall be a minimum of fifty (50) feet of separation between the closest point of any accessory building and any main building, or other accessory building as measured from the outside wall of the main floor of both structures.

HISTORY:

1. All Front, Rear, and Side Yards for all Accessory Buildings in the ID4 Zone shall be setback:
2. A minimum of twenty-six (26) feet from any property line.
3. Setbacks shall be measured from the outside wall on the main floor of the structure to the property line.
4. Separation from Main Buildings:
5. There shall be a minimum of fifty (50) feet of separation between the closest point of any accessory building and any main building, or
6. Ten (10) feet between one another for all accessory buildings,
7. As measured from the outside wall of the main floor of both structures.

HISTORY:

1. No main building in the ID4 zone shall be erected to a height greater than one-hundred (100) feet, unless agreed to through a development agreement with Nephi City that:
2. A public hearing is held for; and
3. The Planning Commission reviews, and gives a recommendation; and
4. The City Council approves.
5. No accessory building in the ID4 zone shall be erected to a height greater than thirty-five (35) feet.
6. An exception may be made for appurtenant structures to both a main or accessory building such, but not limited to, a chimney or stack for gas exhaust emissions that may be allowed through the site plan process by the Development Review Committee (DRC).

HISTORY:

1. All development activities in Nephi City must conform with Title 11 requirements
2. Air quality compliance: Any main or accessory support use related to a data center's functionality, that has open air emissions, that would require an air quality permit or notice issued by the Utah Division of Air Quality shall obtain a permit prior to any site plan approval.
3. E-waste: all electronic waste such as servers, computers, hardware, support systems shall be taken out of Nephi City boundaries to be recycled.
4. Environmental: all environmental considerations such as noise, air quality, smell, or hazardous materials for any project in the ID4 zone including, subdivision, site plan, or other land development shall comply with considerations for health, safety, and welfare in Section 11.6.12.A.5 of this code.
5. General on-site lighting: all lighting for any project for a subdivision, site plan, or other land development in the ID4 zone shall comply with Title 11 of this code.
6. Landscaping: all site landscaping shall comply with the requirements for land development found in Title 11 of this code. All approvals for subdivision, site plan, and land development in the ID4 zone are subject to Title 11 of this code.
7. Nuisance compliance: uses in the ID4 zone shall not constitute a nuisance, and shall comply with Section 4.2 Nuisances and Weed Control of this code.
8. Outdoor on-site lighting: outdoor lighting in the ID4 zone shall be required to comply with outdoor lighting standards found in Section 11.6.3 of this code.
9. Parking and loading: all parking and loading facilities shall comply with requirements of Section 11.6.8 of this code.
10. Water Usage: all Data Center Facilities shall use air-cooled or closed loop liquid cooling technology to cool their facilities. Data Center Facilities and Electric Power Plant Facilities shall not employ open-loop evaporative cooling. Electric Power Plant Facilities shall provide water rights and water supply to Nephi City for their water demand.

HISTORY: