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Preston City Zoning Code

CHAPTER 17

30 INDUSTRIAL ZONING DISTRICT GENERAL PROVISIONS

17.30.010 General Requirements



Zone Requirements- Industrial Lots
ZONE

MINIMUM LOT AREA/SITE

(Square Feet)

MAXIMUM LOT AREA COVERAGEMAXIMUM BUILDING HEIGHTMinimum Setback Requirements
FrontRearSideCorner Lot Side
LINo minimumN/A50*2515***N/A**15
HINo minimumN/A50*2515***N/A**15

Note: *See Section A below

**See Section B below

***See Section F below

Certain structures projecting into required yard areas are permitted, as specified in this section, and shall not be considered obstructions or included in the calculations or coverage unless otherwise specified.

  1. Any Industrial building or structure or a portion thereof hereafter erected shall not exceed five (5) stories or fifty (50) feet in height, unless approved by a Special Use Permit. Any Industrial building on a parcel abutting a residential zone may not exceed a height of 35 feet unless approved by a Special Use Permit.
  2. Side Setback Requirements. In all Industrial zones, no side yards shall be required for Industrial buildings or structures except when a building or group of buildings or structures abuts upon or adjoins a residential zone. In that case, a yard shall be provided on the side, or sides, of a lot abutting the residential district, having a width of not less than ten (10) feet.
    1. No structure shall be constructed in a way that the slope or pitch of the roof would allow snow or other precipitation to be directed onto any other property. If a roof slopes or pitches toward another property, then a setback of at least ten (10) feet shall be required on all affected sides.
  3. Corner-side Setback Requirements. The minimum side setback, on the side abutting the R.O.W., shall be fifteen (15) feet, however, the setback distance must provide a driveway sight distance of footage equal to ten (10) times the posted speed limit of the street fronting the area to be developed.
  4. For residential only properties existing before the passage of this ordinance, setbacks equal to those required for the nearest residential zone shall be met.
  5. Front Setback requirements. The minimum setback for all buildings constructed within Industrial zones is twenty-five (25) feet, however, the setback distance must provide a driveway sight distance of footage equal to ten (10) times the posted speed limit of the street fronting the area to be developed.
  6. Rear Yard. In all Industrial zones, a rear yard of at least fifteen (15) feet shall be required for Industrial buildings or structures, except when a building or group of buildings abuts or adjoins a residential zone. In that case, a yard shall be provided on the back of a lot abutting the residential district, having a width of not less than twenty (20) feet.
    1. The rear yard shall accommodate the area required for shipping and receiving. In no case shall any new structure be allowed which does not have adequate room on-premises for shipping and receiving, nor shall any public property be used for this purpose or otherwise as a loading dock.


17.30.020 Measurement Of Setbacks

  1. Front setbacks shall be measured from the edge of the right-of-way (ROW) to the building line (excluding steps or ramps).
  2. Side and rear setbacks shall be measured from the edge of the property line to the building line (excluding steps, ramps, and chimneys).
  3. The side yard abutting a street (corner lots) shall be measured from the edge of the ROW to the building line (excluding steps and chimneys).
  4. Eaves and overhangs may extend no more than two (2) feet into side yards and shall not overhang on any other parcel irrespective of ownership.

17.30.030 Fencing

  1. Fences may be erected to a height of eight (8) feet to enclose side and backyards, notwithstanding no fence shall be constructed which interferes with necessary sight distance or encroaches beyond the required setback of a corner side yard.
  2. Fences shall be one (1) foot from the edge of the back of the sidewalk.
  3. Fences do not require a building permit if constructed per this code.
  4. It is recommended that before constructing a fence a property survey be conducted so the fence can be wholly placed on the owner’s property.
  5. No barbed wire, other similar materials, or electrified fences, are permitted.
  6. Any fences or walls shall be functional and in good repair. Failure to maintain fences or walls shall result in the following:
    1. Issuance of a written request for repair to the property owner in person or via certified mail from the city.
    2. If the city receives no response or the repair is not completed within one (1) month after the written request is issued, a written warning shall be issued in person or via certified mail.
    3. If after six (6) months, no corrective action has been taken, the violation shall be punishable by the general punishment found in 17.52.030.


17.30.040 Building Permits: Square Footage

  1. Building permits are required for all structures over 120 square feet.
  2. Structures 120 square feet and under do not require a building permit but shall conform to all other provisions of this code.
  3. Any structure exceeding ten (10) feet in height requires a building permit.

17.30.050 Accessory Buildings

  1. No accessory building shall be located on, under, or over a utility easement, unless the building can be readily moved when necessary for maintenance, repair or replacement of the utility.
  2. Other accessory uses may be allowed under the provisions of this code relating to Special Use Permits.

17.30.055 Survey Exceptions On Some Accessory Buildings

  1. Pre-built accessory buildings that can be moved as a single unit, are not permanently affixed to the ground and can be readily moved after final placement, do not require a survey in order to obtain a building permit.
  2. Accessory buildings built or rebuilt on an existing foundation do not require a survey so long as area, set back requirements, and all other provisions of this code are met.


17.30.060 Accessory Building Restrictions

  1. An accessory building shall not be used as a dwelling, dwelling unit, or as a living quarters for human occupancy.
  2. Restroom facilities may be allowed in an accessory building so long as they are connected to the existing water and sewer line/septic system. No other drains in an accessory building will be allowed to connect to the sewer line/septic system unless a grease trap is installed.
Accessory Buildings - Industrial Lots
ZONEMAXIMUM NUMBER OF ACCESSORY BUILDINGSMAXIMUM BUILDING HEIGHTMAXIMUM LOT AREA COVERAGEMinimum Setback Requirements
BackSideCorner Lot Side
LN/AUp to 50 FeetN/AN/AN/AN/A
HN/AUp to 50 FeetN/AN/AN/AN/A
Note: No accessory buildings are allowed in front yards.

17.30.070 Accessory Buildings

  1. Accessory uses are permitted if constructed either at the same time as or after the main building.
  2. Accessory uses shall not be permitted in front yards.
  3. Accessory buildings on a corner lot shall not extend beyond the side building line of the main building into the side yard adjacent to the street, which intersects the street upon which the principal building fronts.


17.30.080 New Construction Requirements

  1. All front yards and corner lot side yards shall be landscaped with permanent and irrigated lawn, trees, and shrubs complimenting the city and the surrounding area. A landscaping plan must be submitted and approved by the Planning and Zoning Commission or its designee before construction.
  2. Visual Barriers- The following conditions are in effect for all new industrial operations:
    1. A masonry wall or privacy fence shall be constructed to the minimum height of six (6) feet around any area used as a utility yard.
    2. Access to the utility yard shall be restricted by a gate.
    3. The accessway up to the entrance of the utility yard shall be paved or hard-surfaced.
    4. The utility yard and/or any enclosed building shall be where works-in-progress, vehicles in any state of disassembly, tools, salvage materials, and parts shall be stored.
  3. Failure to install required improvements including landscaping/meet any physical conditions of approval within three (3) months of occupancy shall be punishable by any violation shall be punishable by the general punishment found in 17.52.030.
    1. If the improvements are not installed/ physical conditions are not met within three (3) months, the City may install all improvements or cause them to be installed. The cost of the work will then be billed to the landowner.

17.30.090 Residential Use

  1. Residential lots existing in industrial zones before the enactment of this code will be treated as residential lots in the nearest residential zone- such uses may expand beyond the existing footprint of the building so long as all other provisions of this code are met.
  2. Once residential use has been converted to industrial use, it shall remain an industrial use in accordance with the zone in which it is located.

17.30.100 Restrictions

Works-in-progress, inventory, tools, disassembled, or otherwise incomplete products shall not be stored or displayed anywhere except in an enclosed utility yard or building.

17.30.110 Allowed Uses

Each proposed business will be evaluated on whether it fits into one of the listed categories in each zone’s Purpose/Allowed Uses section. If the business does fit, it will be allowed if all other provisions of this code are met. If the business does not fit into one of the listed categories in the zone’s Purpose/Allowed Uses section but is not explicitly forbidden, the business owner may apply for a Special Use Permit unless such use is allowed in another zone.

17.30.120 Fines For Violations

Unless otherwise specified in this code, any violation shall be punishable by the general punishment found in 17.52.030.

17.30.130 Trees Overhanging The R.O.W.

It is the responsibility of the owner of a property to manage and maintain trees, shrubbery, and vegetation on any parcel.

  1. No tree or portion thereof shall be closer than seven (7) feet from the ground when extending over the sidewalk.
  2. No tree or portion thereof shall be closer than fifteen (15) feet from the ground when encroaching over any roadway.
  3. If the growth of a tree damages any city infrastructure, including but not limited to roadways, sidewalks, curb and gutter, ribbon curb, water pipes, or sewer pipes, it is the responsibility of the property owner to repair the damage as required by city specifications and ensure the damage does not occur again.
  4. Any violation shall be punishable by the general punishment found in 17.52.030.