The provisions and special regulations of this chapter will apply to all proposed industrial development within an L-I, T-1 or N-R zone. The provisions of this chapter will be in addition to the requirements outlined in the L-I, T-1 and N-R zones or any other requirements imposed by a conditional use permit. (Ord. 08-06, 3-25-2008)

The purpose of the industrial park is to provide for a park like healthful operation environment for industry, from the protection of industry for the encroachment of uses adverse to the operation and expansion of such industry, and to protect industries within the district from the adverse effect of other incompatible industries. These regulations are intended also to reduce the impact of industries on surrounding nonindustrial land uses; to lessen traffic congestion; to protect the health and safety of the residents or workers in the area and within the city in general. (Ord. 08-06, 3-25-2008)

   A.   Minimum Land Area: The minimum land area required for development of an industrial park within the provisions of this section is five (5) acres.

   B.   Ownership: The development shall be in single or corporate ownership at the time of application or the subject of an application filed jointly by all owners of the property.

   C.   Minimum Lot Area: There is no minimum lot area. Lot sizes shall be as required by the planning commission for site plan approval or conditional use approval, whichever is appropriate for the proposed land use. Lots may be established by metes and bounds descriptions after approval of a preliminary plat and approval and recording of a road dedication plat.

   D.   Minimum Lot Width: Each lot shall have a minimum lot width as approved by site plan or conditional use permit except within the N-R zone where the minimum lot width shall be three hundred feet (300') with a minimum street frontage of seventy feet (70'). No lot shall face directly onto any public street or highway that abuts the industrial park site.

   E.   Location To Residential Boundary: No main or accessory building shall be located within fifty feet (50') of the boundary of a residential zone.

   F.   Geotechnical Recommendations: The developer shall have a geotechnical analysis done on the site by a geotechnical engineer. The report resulting from that analysis shall make recommendations on proper construction methods for the site as well as make recommendations on road construction standards based on an assumption that there will be frequent heavy truck traffic in the industrial park. Recommendations of the geotechnical report shall be followed both in development of the industrial park as well as individual lots within the industrial park.

   G.   Street Overlay: Due to the uncertainty of individual lot locations at the time of city approval, it is likely that it will become necessary to introduce street pavement cuts when individual lots are developed to provide utility connections. In addition to constructing roads according to the geotechnical recommendations, the developer shall be responsible for resurfacing all public streets that have been cut to provide utility connections to lots within the development within four (4) years of recordation of the street dedication plat. The resurfacing shall consist of milling one and one-half inches (11/2") of asphalt off the street and overlaying a new two inch (2") layer of asphalt. The cost of resurfacing all streets in the development shall be established by the developer's engineer and verified by the city engineer. The funds required to perform the resurfacing shall be deposited with the city in an escrow account established for that purpose. If after the resurfacing is performed there are escrow funds left, they shall be refunded to the developer of the industrial park. (Ord. 08-06, 3-25-2008)

   A.   Required; Site Plan: At least fifteen percent (15%) of the total site shall be thoroughly landscaped, including an irrigation system adequate to maintain such landscaping.

Landscaping shall meet the requirements of chapter 15 of this title. Where appropriate, a performance bond will be required to ensure compliance with approved site plans.

   B.   Included Landscaping: Landscaping may include, but not be limited to, planting of grass, shrubs or trees, decorative plazas and fountains. Landscaping shall be used to the extent possible to screen visually all buildings and parking areas from abutting land uses. Landscaping shall meet the requirements of chapter 15 of this title. (Ord. 08-06, 3-25-2008)

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, glare, electrical or other disturbance; liquid or solid refuse or waste; or other substance, condition or element in such a manner or in such an amount as to affect adversely the surrounding area or adjoining premises. (Ord. 08-06, 3-25-2008)

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. (Ord. 08-06, 3-25-2008)

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

   A.   Noise:

      1.   Level: No use shall emit or cause the emission of sound from a stationary source such that the one hour equivalent sound level (Leq) of resultant sound measurement at the lot line of the establishment or use exceeds by six (6) dB or more than one 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 FHWA-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:

         a.   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, five (5) dB shall be added to the measured sound level to allow for increased subjective response to the sound.

         b.   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 ten (10) dB 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 of subsection A1a of this section and this subsection A1b. In a case where both subsections apply, then this subsection A1b takes precedence.

      2.   Stationary Source: No use shall emit or cause to permit the emission of sound of an impulsive nature from a stationary source such that it results in an impulsive sound level at a point of measurement in excess of eighty (80) dB or in a one hour equivalent level (Leq) exceeding that one hour equivalent level (Leq) caused by ground transportation as estimated for that point of measurement and that time of day, pursuant to FHWA-RD-77-108 or equivalent method.

   B.   Vibration: No vibration (other than from transportation facilities or temporary construction work) shall be permitted which is discernable without instruments at the property line.

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

   D.   Glare: No direct or sky reflected glare, whether from floodlights or from high temperature processes, such as combustion or welding or otherwise, shall be permitted to be visible at the property lines. This restriction shall not apply to signs or lighting of buildings or grounds for advertising or protection otherwise permitted by the provision of this chapter.

   E.   Fire And Explosion Hazards: All activities involving and all storage of flammable and explosive materials shall be provided at any point with adequate safety devices against the hazard of fire and explosion and adequate firefighting and fire suppression equipment and devices standard in the industry. Burning of waste materials in open fires is prohibited at any point.

   F.   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.

   G.   Liquid Or Solid Wastes: No discharges 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. (Ord. 08-06, 3-25-2008)

In addition to meeting other application requirements for a conditional use permit, parties seeking a conditional use permit for an 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 an emission of dangerous or objectionable elements, the planning commission 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 section 10-13-7 of this chapter. A copy of such report shall be promptly furnished to the applicant. The cost of such expert report shall be borne by the applicant. (Ord. 08-06, 3-25-2008)

Within thirty (30) days after the planning commission has received the aforesaid application or report, if a report was required, or within such period as agreed to by the applicant, the planning commission shall determine whether reasonable measures are being employed to assure compliance with the applicable performance standards. On such basis the planning commission may authorize or refuse to authorize issuance of a conditional use permit or may require a modification of the proposed plans, construction specifications, device or operation, and shall so inform the building inspector. (Ord. 08-06, 3-25-2008)

Any permit so authorized and taken shall evidence only that reasonable measures are being taken. It shall not relieve the applicant of the responsibility of meeting such standards when the plant is actually in operation; and, in case of a failure to perform in accordance with the standards, whatever additional devices or modifications in process shall be necessary to achieve full compliance with the standards shall be the sole responsibility of the applicant. (Ord. 08-06, 3-25-2008)

The zoning administrator shall investigate any purported violation of performance standards and, if necessary for such investigation, may request that the planning commission employ qualified experts. If, after public hearing and due notice, the planning commission finds that a violation has existed or does exist, it shall order the zoning administrator to serve notice that compliance with the performance standards must be achieved within a specified period of time or the plant will be shut down. Should the violation of performance standards threaten the public health, convenience or welfare, the planning commission may order the offending plant to cease operation until proper steps are taken to correct the conditions which cause the violation. The services of any qualified experts employed by the planning commission to advise in establishing a violation shall be paid by the violator if said violation is established by the city. (Ord. 08-06, 3-25-2008)