Publisher's Note: This Section has been AMENDED by new legislation (Ord. 2024-9
, adopted 4-23-2024). The text of the amendment will be incorporated below when the ordinance is codified.
A. Sexually Oriented Businesses:
1. Purpose: It is the purpose and object of this subsection that the city establish reasonable and uniform regulations to prevent the concentration of sexually oriented businesses or their location in areas deleterious to the community of Ogden, to protect adjoining uses, to provide visibility of parking areas in order to promote management supervision and oversight by law enforcement agencies, and to regulate the signage of such businesses and to control the adverse effects of such signage and prevent inappropriate exposure to the community. This subsection is to be construed as a regulation of time, place and manner of the operation of these businesses, consistent with the limitations provided by provisions of the United States and Utah constitutions. Except where the context or specific provisions require, this subsection does not supersede or nullify any other related zoning ordinances. This subsection together with the other provisions in this title specifically applicable to sexually oriented businesses shall be known and referred to as the SEXUALLY ORIENTED BUSINESS ZONING ORDINANCE.
2. Definitions: For the purpose of this subsection, the following terms shall have meanings defined in this subsection:
EDUCATIONAL INSTITUTION: A public elementary or secondary school, seminary, parochial school or private education institution having a curriculum similar to that ordinarily given in grades 1 through 12 in a public school system. The term educational institution for the purpose of this subsection does not include post-high school educational facilities.
HISTORIC BUILDING: A structure which is listed on the Ogden City register of historic resources or the national register of historic places.
HISTORIC DISTRICT: An area containing a significant number of historic buildings which has been designated and listed as a historic district on the Ogden City register of historic resources or the national register of historic places.
PUBLIC PARK: A park, playground, swimming pool, nature reserve, fairground, golf course or athletic field within the city which is owned, operated or maintained by the city or the county.
RELIGIOUS INSTITUTION: A building which is used primarily for religious worship and related religious activities.
SEXUALLY ORIENTED BUSINESSES: An inclusive term used to describe collectively those businesses for which a sexually oriented business license is required, pursuant to the sexually oriented business license chapter, set out in title 5, chapter 15 of this code, which businesses include for purposes of this subsection: outcall services, adult entertainment dancing agencies, adult businesses (an inclusive term including adult motion picture theaters, adult bookstores or adult video stores), and adult live entertainment businesses. This collective term does not describe a specific land use and shall not be considered a single use category for purposes of this title.
3. Conditions: Sexually oriented businesses classified as adult businesses and adult live entertainment businesses as such terms are defined in title 5, chapter 15 of this code, as permitted in section 15-21-2 of this title, shall be subject to the following additional restrictions:
a. No adult business or adult live entertainment business shall be located:
(1) Within a six hundred sixty foot (660') radius of any religious institution, educational institution, public park, public library, the Ogden Entertainment Subdivision, the Newgate Mall, the Ogden River Parkway Trail or the Weber River Parkway Trail;
(2) Within a one thousand foot (1,000') radius of any residential zoning district;
(3) Within six hundred sixty feet (660') of any historic building or district;
(4) Within a one thousand foot (1,000') radius of any other adult business or adult live entertainment business.
b. Distance requirements between structures and uses specified in this subsection shall be measured in a straight line, without regard to intervening structures or zoning districts, from the closest property boundary of the educational institution, park, religious institution, library, mall, subdivision, river parkway trail, zoning district, historic building, historic district, or other sexually oriented business.
4. Additional Site Development Standards: Notwithstanding anything contrary contained in this title regarding minimum site development standards under chapter 4 of this title, minimum parking standards under chapter 12 of this title, or dimensional or landscaping requirements under chapter 22 of this title, the more restrictive site development or parking standard shall apply. The following additional site development or parking standards shall apply to such sexually oriented businesses:
a. All parking spaces or parking lots for adult businesses or adult live entertainment businesses shall be:
(1) Located on the same lot with the main building; and
(2) At a location visible from a public street.
b. Building entrances for customers or patrons shall face or be visible from a public street.
5. Sign Restrictions: Notwithstanding anything to the contrary contained in title 18 of this code, the more restrictive standards for signs shall prevail. Signs for sexually oriented businesses shall be limited as follows:
a. No more than one sign shall be allowed on any sexually oriented business premises;
b. No sign on the sexually oriented business premises shall be allowed to exceed eighteen (18) square feet;
c. No animation shall be permitted on or around any sexually oriented business sign, or on the exterior walls or roof of the premises;
d. No descriptive art or designs depicting any activity related to, or inferring, the nature of the business shall be allowed on any sexually oriented business sign, which shall contain alphanumeric copy only;
e. Only flat wall signs shall be permitted for any sexually oriented business;
f. No painted signs or painted wall advertising shall be allowed, including any signage or advertising painted on the inside of any window or other translucent material which is visible from the outside of the building;
g. Other than the signs specifically allowed by this subsection, the sexually oriented business shall not attach, construct, or allow to be attached or constructed any temporary sign, banner, spotlight, searchlight, or other device designed to draw attention to the business location.
B. Outdoor Storage:
1. In the M-1, M-2, DDR, MRD or OCIP zone, whenever outdoor storage is permitted, it may be located in the most accessible manner to the side or rear of the main building, provided that such storage does not exceed the height of the screening fence and is screened from the public right of way in one of the following manners, with no stored items exceeding the height of the screening fence:
A minimum 6 foot tall solid fence of either wood, vinyl or chainlink with interlocking opaque vinyl or a minimum 6 foot tall decorative masonry wall with textured surfacing facing the street | Screens ground level lights, noise, objectionable views, provides privacy and access restriction, and texturing provides aesthetic relief. "Decorative masonry" shall include split face block or brick, brick, fluted block, or masonry wall with stucco finish, but shall not include openings in the wall surface below a height of 6 feet. Bumper guards set back a minimum of 2
1/2 feet from the fence shall be required when fence abuts parking. |
A minimum 6 foot wide landscaped strip with either a minimum 6 foot tall solid fence of either wood, vinyl or chainlink with interlocking opaque vinyl or a minimum 6 foot tall decorative masonry wall with textured surfacing facing the street | Screens ground level lights, higher level lights, noise, objectionable views; provides privacy, access restriction and additional noise mitigation. Trees shall be a minimum of 2 inch caliper in size, spaced at a minimum of 20 feet on center. |
Minimum 6 foot chainlink fence with inserts in the fence fabric | Provides security and access restriction. Inserts help screen objectionable views. Inserts shall be of a durable opaque material and shall be kept in good repair. Bumper guards, set back a minimum of 21/2 feet from the fence, shall be required when fence abuts parking. |
6 foot open fence with evergreen trees and shrubs | Screens ground level and higher level lights, provides security and access restriction. Vegetative screen provides additional noise mitigation and screens objectionable views. Trees and shrubs shall be of a locally adapted evergreen species such as arborvitae, juniper, pyracantha, evergreen euoynumus, pines or spruces, with a planted size of at least 15 gallons for trees and 5 gallons for shrubs, and shall be expected to reach a height of at least 5 feet within 5 years of planting. Trees shall be planted at 20 feet on center and shrubs at 5 feet on center. |
2. In the BEI zone, the outdoor storage area associated with a permitted use shall not be located between the building wall which faces the Weber River and the property line. The outdoor storage area shall be screened from public view from the street and any public accessway with a wall that is of sufficient height, but not taller than seven feet (7'), to screen the view of the stored items from a pedestrian level. The screening wall shall be an integral part of the architecture of the building and use the same materials found on the building or may be a retaining wall with a landscaped berm of sufficient height to screen the storage on the public view sides.
C. Reserved.
D. Aboveground Storage Tanks: The storage of flammable, combustible liquids in aboveground tanks outside of buildings and aboveground bulk storage of liquefied petroleum gas shall not be closer than two hundred feet (200') to any residential structure. Storage tanks may be closer only when all tanks are enclosed in a designed monolithic poured concrete case.
E. Motor Vehicle, RV Or Boat Repair Shops: Outdoor storage of junk vehicles intended for restoration, repair, or limited salvage, as described in subsection E3 of this section, may be allowed as an accessory use to an auto repair or body shop in the M-1, M-2, OCIP and DDR zones, provided the following conditions are met:
1. The area dedicated to outdoor storage does not exceed ten percent (10%) of the lot in the OCIP and DDR zones, thirty percent (30%) of the lot in an M-1 zone, or fifty percent (50%) of the lot in an M-2 zone.
2. All such outdoor storage shall be in a completely enclosed area screened by a seven foot (7') tall screening fence made of the following materials:
a. Solid wood, vinyl or other fencing material having the appearance of wood of one inch by four inch (1" x 4") to one inch by eight inch (1" x 8") members spaced no farther apart than one- eighth inch (1/8");
b. Baked enamel finish, metal ribbed fence;
c. A decorative masonry wall; or
d. Other fence materials and construction approved by the director that provides adequate screening of the storage area similar to the above fencing materials.
3. Limited salvage of parts from such vehicles shall be permitted only as necessary for the repair of other vehicles on site and not as part of any other type of salvage operation.
F. General Contractor Or Rental Business: Outdoor storage of certain goods may be allowed as an accessory use in M-1, M-2, DDR, and OCIP zones, or as a primary use when specifically allowed by section 15-21-2 of this title, provided the following conditions are met:
1. The area dedicated to outdoor storage does not exceed eighty percent (80%) of the lot area for construction trade contractor uses and thirty percent (30%) of the lot area for other uses;
2. All such outdoor storage shall be in a completely enclosed area screened by a seven foot (7') tall screening fence made of the following materials:
a. Solid wood, vinyl or other fencing material having the appearance of wood of one inch by four inch (1" x 4") to one inch by eight inch (1" x 8") members spaced no farther apart than one- eighth inch (1/8");
b. Baked enamel finish, metal ribbed fence;
c. A decorative masonry wall; or
d. Other fence materials and construction approved by the director that provides adequate screening of the storage area similar to the above fencing materials;
3. No salvage or repair operations shall be allowed as part of such use; and
4. Such goods shall be limited to either new goods or merchandise, or to used or secondhand goods that are intended to be reused or resold in their original form.
G. Recycling Collection Center: The following minimum standards apply to this use:
1. All buildings, parking, loading, unloading and storage areas shall be set back a minimum of twenty feet (20') from any property line adjacent to a public street and any property line which abuts a residential zone. The twenty foot (20') setback shall be completely landscaped. All landscaping shall be according to an approved landscape plan. Any landscaped areas shall be maintained.
2. Loading and unloading facilities shall be designed so that the recyclable material is unloaded and stored inside a building. "Limited recyclable materials" may be unloaded outside a building so long as:
a. The "limited recyclable material" is immediately placed inside a weather resistant container or enclosed trailer which is used for transportation of the materials off the site.
b. All containers or trailers are located behind the front line of the building and not placed in any required yard setback area.
c. The planning commission will determine if compacting or crushing of material may occur on the site. Factors such as noise and its impact on adjacent residential properties, containment of materials and other potential impacts will be reviewed.
d. Such other conditions as determined by the planning commission to be required under chapter 7 of this title.
e. No loading, unloading or storage of materials shall be permitted within the public right of way or setback areas.
H. Junk Or Salvage Yards And Recycling Processing Centers: The following standards apply to these uses:
1. Purpose: The purpose of the following provisions is to protect against the environmental, health, safety and aesthetic concerns created by this land use. Such concerns include, but are not limited to: contamination or pollution of surface water or groundwater, contamination of soils, conditions creating harborage for insects and rodents, unsanitary conditions, visual pollution affecting adjacent property and public thoroughfares, fire hazards, dust and noise. The following minimum standards and conditions shall be imposed by the planning commission in and upon their determination that the specific location meets the requirements of chapter 7 of this title.
2. Screening Fence: A minimum seven foot (7') high screening fence is required for screening all outdoor storage and operational areas, which fencing shall be continually maintained. The screening fence shall be a unified design and may be constructed of any of the following fencing materials:
a. Chainlink with vertical plastic or vinyl slats spaced no farther than three-eighths inch (3/8") apart, provided no stacking of materials within two feet (2') of the fence;
b. Solid wood fence of one inch by four inch (1" x 4") to one inch by eight inch (1" x 8") horizontal members spaced no farther than one-eighth inch (1/8") apart:
c. Earth tone baked enamel ribbed metal;
d. Decorative masonry; or
e. Other fence materials approved by the planning commission if it is determined that the material and design is opaque, is not easily damaged by weather or objects placed against it, does not detract from the appearance of the finished site development, and the colors of the required screening wall are subdued and nonreflective. Materials which are not standard fencing materials such as canisters, pallets, reflective metals, or other similar items shall not be used for fencing.
f. The planning commission may waive the screening fence requirement for all or part of the storage area, if it is shown that because of the location, topography, or surrounding uses the screening fence will not achieve any of the following purposes: protecting adjacent properties from the adverse visual impact of the open storage because an adjacent land use also has legal open storage of junk or salvage materials, screening the storage area from any public street or the Weber or the Ogden River, and storage areas are defined to avoid unauthorized expansion.
3. Height Of Stacked Material: The height of stacked material is limited to the stacked material not being visible when viewed at ground level at any location within one hundred feet (100') of any required screening fence. This shall not preclude enforcement of any other codes which regulate stacking heights of types of material.
4. Loading, Unloading, Stacking Of Material: No loading, unloading or stacking of material shall be permitted within the public right of way or required setback areas. Facilities shall be designed so that all functions take place on the site behind the required screening fence. There shall be provided one ten foot by twenty five foot (10' x 25') hard surfaced unloading pad for lots one-half (1/2) acre in size or less and two (2) hard surfaced loading pads for lots over one-half (1/2) acre. The unloading pad may be included in meeting one required parking stall. This provision shall not preclude the ability of customers in passenger cars from parking in any legal parking area and hand carrying items from their car to the designated unloading area.
5. Setback Required: A minimum twenty foot (20') setback is required for all buildings and parking adjacent to 12th Street, 20th Street, 21st Street, 24th Street, 31st Street Expressway (Hinckley Drive), or Wall Avenue. All storage areas, required screening fencing, and unloading areas shall be set back thirty feet (30') from the above designated streets. A minimum ten foot (10') setback is required for buildings, storage areas, required screening fencing, unloading areas or parking from all other public streets. The setback area shall be completely landscaped. All landscaping shall be according to an approved landscape plan which meets the objectives of this section. All landscaped areas shall be maintained.
6. Screening From Street: Due to the elevation of the road along portions of 20th Street, 21st Street, 24th Street and 31st Street Expressway (Hinckley Drive), the planning commission may determine that the required screening fence for the storage areas may be ineffective in screening the storage area from the street. In such cases, the planning commission may require that screening from the public street be achieved by one of the following options:
a. Screening of the view from the street by planting, on site or along the public street, a row of trees (2 inch caliper minimum) spaced in such a manner that the trees will form a solid screening of the storage area from public view. If high water table conditions do not exist, evergreen trees shall be used for screening trees. The trees planted shall be species whose height and width will completely block the view of the storage area from a public street. The trees shall be planted in a location which will be between the required fence and the public viewing area.
b. Alternative screening of view from the street at the public right of way according to an approved design which blocks the view of the storage areas from the street.
The above requirement may be in lieu of all or a portion of the screening fence if waived under subsection H2f of this section, or in addition to fencing if other purposes still exist for all or a portion of the fencing requirement.
7. Setback From Rivers; Screening: The planning commission shall determine the appropriate setback of the storage area, fencing or building from the rivers, which setback requirement may not exceed fifty feet (50'). In determining the appropriate setback factors such as elevation difference from the river and the surrounding land, existing vegetative conditions, floodplain elevations and past changes in the channel flow shall be considered in determining that the river corridor is not adversely impacted. Vegetation and riverbanks shall be maintained in their natural conditions. The planning commission shall require a screening fence which faces the river frontage when the storage areas are visible from the river. A planting buffer between the fence and the river may be required if it is determined that existing river corridor vegetation or topography does not buffer the effect of the required screening fence in order to create a natural riparian environment and there are no other land uses between the storage and the river.
8. Irrigation Canals: All irrigation canals running through the property shall be enclosed in a pipe of sufficient size to convey the maximum flow capacity of the canal and which shall be sealed to prevent contamination of the irrigation water, or, if piping is not allowed, all storage shall be set back ten feet (10') from the open canal.
9. Interior Access Lanes: Interior access lanes shall be maintained and kept open and free from storage as required by the fire department to provide adequate access for fire protection.
10. Outdoor Storage: All materials stored out of doors shall be contained so that the wind will not carry the items to adjacent properties.
11. Other Conditions: Such other conditions as determined by the planning commission to be required under chapter 7 of this title.
I. Waste Transfer Station:
1. Purpose: The purpose of the following is to protect against the environmental health, safety, and aesthetic concerns created by this land use. Such concerns include, but are not limited to: the general circulation and stacking patterns of user vehicles, odors, blowing trash, rodent control, noise, visual pollution, limitations on future land use, use and marketability of surrounding properties, off site needs and impacts, and architectural quality. The following minimum standards and conditions shall be imposed by the planning commission in and upon their determination that the specific location meets the requirements of chapter 7 of this title.
2. Site Development Standards: A site plan for a waste transfer facility shall comply with the following minimum development standards:
a. Access: The site must have access to a major collector or arterial roadway without introducing user vehicles onto local roads that are primarily used for residential traffic.
b. Off Site Circulation: Off site roads shall be capable of handling vehicles traveling to and from the facility without disrupting normal traffic flow of a public street. In order to maintain the traffic flow such things as directional signing, turning lanes, turning islands, traffic signals, etc., need to be in place. If these types of improvements are to be installed, the improvements must be reviewed and approved by the local, state, or federal entity responsible for such road.
c. On Site Circulation: The site plan shall demonstrate adequate on site queuing and circulation lanes (loop patterns) that reflect the design complexity and capacity of the site for use by commercial trucks and private vehicles. The circulation patterns shall segregate self-haul from commercial or municipal traffic and prevent crossing patterns between them.
d. Queuing Lanes To Scales: All queuing lanes, from the public road to the scales, shall provide adequate on site distance for accepting user vehicles arriving to the site to prevent stacking of user vehicles onto a public road. In no case shall the on site queuing distance be less than two hundred feet (200').
e. Setbacks; Main Building: All main buildings used for waste transfer activities shall be set back a minimum of one hundred feet (100') from all property boundaries. The planning commission may reduce the setback if it is determined that a reduction in the setback:
(1) Provides adequate room to reduce the environmental impacts (noise, odor, unsightliness) to surrounding properties, including public rights of way;
(2) Provides adequate room for the site circulation system;
(3) Provides adequate room to provide landscape buffering that will visually enhance the site, screen objectionable views and define circulation patterns when considering the areas between buildings and circulation systems, between circulation systems and property lines and between buildings and property lines; and
(4) Utilizes the topography to minimize visual impacts of the buildings and to screen objectionable views.
f. Perimeter Setback: All other buildings, access lanes, circulation lanes, parking lots, recycling areas, and other related activities shall be set back a minimum of twenty five feet (25').
g. Environmental Protection: No part of the transfer building and its accessory ramps and access lanes, recycling or household hazardous waste collection centers shall be located within fifty feet (50') of an open or unsealed drainage canal, stream, pond, or other body of water.
h. Landscaping: A landscaping plan shall be submitted with the site plan depicting the purpose, design, and layout of all landscaped areas. All landscaping shall be designed, installed and maintained to serve the following purposes: buffer or screen the site, parking, buildings, recycling areas, and waste transfer operations from public view from public rights of way and adjoining properties. All landscaping shall meet the following minimum standards:
(1) Types Of Trees: Use of coniferous and deciduous trees, of which no more than forty percent (40%) of the types of trees are deciduous;
(2) Height Of Trees: All trees must be a minimum of ten feet (10') in height at the time of planting;
(3) Shrubs: Shrubs used for screening must be a minimum of forty two inches (42") in height at the time of planting, at a spacing no greater than three feet (3') on center;
(4) Ground Cover: Living ground cover and new turf grasses must be planted to cover the ground within three (3) years;
(5) Irrigation: An underground irrigation system must be installed to maintain all landscaping;
(6) Perimeter Setback: The perimeter setback shall incorporate landscaping (trees, berms, hedges, grasses, etc.) which shall be installed and maintained to buffer or screen objectionable views into the site. There shall be a minimum of five (5) trees per one thousand (1,000) square feet of landscaped area;
(7) Access And Circulation Lanes: Landscaping (i.e., trees, hedges, berms, decorative walls, etc.) shall be installed and maintained to define and screen views of the access and circulation lanes for the facility;
(8) Parking Lots And Accessory Recycling Areas: Landscaping (i.e., trees, hedges, berms, decorative walls, etc.) shall be installed and maintained to define and screen views of the parking lots and accessory recycling areas for the facility; and
(9) Areas To Be Landscaped: All areas not used for buildings, recycling areas, parking, circulation and access lanes, shall be landscaped and maintained.
i. Building Orientation And Site Design:
(1) All building orientations, landscaping, screening walls or fencing must be designed, installed, and maintained to control windblown trash, provide security, and prevent direct views, from a public street and adjacent properties, into the interior of any waste transfer structure.
(2) All features such as fences, walls, container enclosures, light fixtures, and secondary buildings shall be designed to be consistent with the architectural design of the main building.
j. Building Design And Architectural Form:
(1) Building facades shall incorporate elements such as stepbacks, offsets, angled facets, deep roof overhangs, recesses and/or other architectural features which serve to diminish scale. Pitched roof forms are preferred in order to enhance the compatibility of structure. However, under certain circumstances, a stepped roof form may be used to achieve a similar effect.
(2) All mechanical equipment which is located on the roof shall be screened from view, from adjacent public roads or adjacent properties, in an architecturally compatible manner with the building.
(3) All signing shall be compatible or similar in nature with the architectural theme of the facility.
3. Waste Transfer Facility Operation Standards: All applications for development of a waste transfer facility shall submit a "detailed operations plan" which shall include the following:
a. Waste Transfer Activities: All on site waste transfer and accessory recycling materials or household hazardous waste collection activities shall be conducted within enclosed buildings (except for "limited recycling" conducted in accordance with subsection G of this section).
b. Dust And Odor Control: The facility shall demonstrate that adequate odor and dust control systems are to be operated and maintained (e.g., frequent wash downs, water sprays, and ventilation fans).
c. Overnight And Continual Or Outdoor Storage: Overnight and continual storage of waste is prohibited, except for recyclable materials and household hazardous waste or sealed waste containers awaiting shipment (e.g., recycle containers, railcars, and trailers). The operations plan shall identify the time frame for the temporary storage and transfer of recyclable materials and household hazardous waste or sealed waste containers. Outside storage of solid waste, recyclable materials and household hazardous waste is prohibited.
d. Acceptance Of Waste: Waste shall not be accepted before seven o'clock (7:00) A.M. and after seven o'clock (7:00) P.M. to ensure that adequate time is provided to conduct required wash downs and cleaning activities and minimize impact on surrounding properties.
e. Storage And Maintenance Of Equipment: The storage and maintenance of trucks, loaders, and equipment shall be done within enclosed buildings.
f. Environmental Quality: The facility shall be designed to protect air quality and surface and ground water. Appropriate monitoring systems shall be installed in the facility and/or included in the operating plan to detect emissions or discharge of contaminants and household hazardous waste from the facility into the atmosphere or surface and ground water.
g. Mitigation Of On And Off Site Impacts: The operating plan shall include provisions to mitigate or establish enforcement measures regarding on and off site impacts, but not be limited to litter control, cleanup procedures, odor, noise, road damage, and other waste transfer facility related impacts (e.g., litter crews, mitigation fees, interlocal agreements, tarp violation enforcement and tracking, etc.).
h. Mitigation Of Noise: The maximum permissible noise level at the property line between the transfer station and the receiving property is sixty (60) dBA for a residential receiver, sixty five (65) dBA for commercial receiver, and seventy (70) dBA for a manufacturing receiver. The following qualifiers apply to the above maximum levels:
(1) Combined Background And Facility Noise: In the case where the combined background and facility noise results in a noise level above the respective dBA for each receiver, the relative increase shall not exceed three (3) dBA over the background.
(2) Nighttime Reduction: Reduce by ten (10) dBA at night (10:00 P.M. to 7:00 A.M.) for residential receiving properties.
(3) Reduction For Certain Sounds: Reduce by five (5) dBA for impulsive or pure tone sounds for any receiving property at any time.
(4) Short Duration Increase: Increase for a short duration for any receiving property at any time:
(A) Increase by five (5) dBA for fifteen (15) minutes in any one hour period.
(B) Increase by ten (10) dBA for five (5) minutes in any one hour period.
(C) Increase by fifteen (15) dBA for 1.5 minutes in any one hour period.
(5) Public Education And Recycling Programs: The waste facility operating plan shall identify plans and programs that are to be implemented to educate or provide to the public information regarding use of the facility, proper recycling materials and hazardous waste disposal, yard waste disposal or composting, and other related activities. These programs must be designed to help educate the public about using the facility, minimize traffic by educating and directing users to appropriate alternative disposal sites (e.g., off site recycling centers, back yard or commercial composting sites), and to provide needed capacity for the management of solid waste for the anticipated future population growth of the waste transfer facility's service area.
J. Additional Conditions For Drinking Establishment: In addition to the requirements of any applicable conditional use process, the following conditions shall apply to drinking establishments:
1. Maximum Number: No more than two (2) drinking establishments per linear block;
2. Parking: Parking shall be located on the same lot with the building and conveniently located to the entrance of the building. In determining conveniently located parking, the planning commission shall consider:
a. The visibility of the parking area from the building;
b. The lighting, existing physical development, and types of uses adjacent to the parking lot and drinking establishment;
c. The potential for parking conflicts with the parking lots of adjacent uses;
d. The potential for customer usage of on street parking in front of residential uses.
3. Operational Hours: Operational hours shall be considered to assure compatibility with the surrounding uses.
4. Drinking Establishment With Cabaret License: In addition to the above requirements:
a. The planning commission shall consider, in granting a conditional use permit for a drinking establishment with cabaret, the potential effects of cabaret operations on adjacent uses, including in particular any residential dwellings in the vicinity, considering hours of operation, noise, parking and traffic conflicts, and possible activities of patrons on and around the site;
b. Cabaret activities in the BEH zone are allowed only after regular business hours from 5:00 p.m. to 1:00 a.m., Monday through Friday and from 10:00 a.m. to 1:00 a.m., Saturday and Sunday, and are not permitted outdoors except as part of a special event.
K. Restaurant With Cabaret:
1. In addition to the general requirements of the conditional use process, the planning commission shall consider the potential effects of cabaret operations on adjacent uses, including in particular any residential dwellings in the vicinity, considering hours of operation, noise, parking and traffic conflicts, and possible activities of patrons on and around the site.
2. Cabaret activities in the BEH zone are allowed only after regular business hours from 5:00 p.m. to 1:00 a.m., Monday through Friday and from 10:00 a.m. to 1:00 a.m., Saturday and Sunday, and are not permitted outdoors except as part of a special event.
L. Restaurant:
1. OCIP Zone: In the OCIP zone, full service restaurants which are designed mainly for sit down dining and are over two thousand (2,000) square feet in floor area and drive-in restaurants are permitted only along properties with street frontage on either 1900 West or 2550 South. Restaurants which serve mainly lunchtime customers (e.g., sandwich shops) and are two thousand (2,000) square feet or less are allowed in all locations of OCIP zones.
2. BEH Zone: In the BEH zone, no drive-through windows for restaurants or fast food establishments are permitted. A walk-up take out window is permitted.
M. Building Materials Sales In OCIP: Businesses exceeding thirty thousand (30,000) square feet in total building floor area are limited to 1900 West and 2550 South. The screening requirements for outdoor storage of building material found in subsection F of this section are applicable to all building material sales operations in the OCIP.
N. Towing Or Impound Lots: The following standards apply to these uses:
1. Screening Fence: A minimum seven foot (7') high screening fence is required for screening all outdoor storage and operational areas, which fencing shall be continually maintained. The screening fence shall be located behind the required landscaped setbacks facing public streets. The screening fence shall be a unified design and may be constructed of any of the following fencing materials:
a. Chainlink with vertical plastic or vinyl slats spaced no farther than three-eighths inch (3/8") apart, provided no storage of vehicles within two feet (2') of the fence;
b. Solid wood fence of one inch by four inch (1" x 4") to one inch by eight inch (1" x 8") horizontal members spaced no farther than one-eighth inch (1/8") apart;
c. Decorative masonry; or
d. Other fence materials approved by the planning staff if it is determined that the material and design is opaque, is not easily damaged by weather or objects placed against it, does not detract from the appearance of the finished site development, and the colors of the required screening wall are subdued and nonreflective. Materials which are not standard fencing materials such as canisters, pallets, reflective metals, or other similar items shall not be used for fencing.
e. The screening fence requirement for all or part of the storage area may be waived if it is shown that the adjacent use on the side required to be screened is also outdoor storage.
2. Certification: All towing or impound lots shall comply with Utah state tax commission standards for impound yards and shall provide the city with their state issued identification number. All tow trucks and operators accessing the yard shall obtain and meet all necessary state certification and licensing requirements.
3. Loading Or Unloading Of Vehicles: No loading and/or unloading of vehicles shall be permitted within the public right of way or required setback areas. Facilities shall be designed so that all loading and unloading takes place on the site behind the required screening fence without having to move vehicles in and out of the screened storage area.
4. Setback Required: A minimum twenty foot (20') setback is required for all buildings and parking lots adjacent to all public streets for properties that are to function exclusively as a towing or impound lot. All outdoor storage areas, required screening fencing, and unloading areas associated with towing or impound lots shall be set back thirty feet (30') from all public streets. In situations where multiple uses are to occur on the site, building, parking and outdoor storage areas will only have to comply with the underlying zone setbacks; but all storage, loading and unloading activities in the outdoor storage area that are associated with the towing or impound lot will need to occur thirty feet (30') from all public streets. The screened outdoor storage shall either be paved or have a gravel/road base surface. The parking lots and access driveways shall be paved to the storage area with either concrete or asphalt, and setback areas shall be completely landscaped. All landscaping shall be according to an approved landscape plan which meets the objectives of this section. All landscaped areas shall be properly maintained.
5. Screening From Street: Due to the elevation of the road along portions of 20th Street, 21st Street, 24th Street and 31st Street Expressway (Hinckley Drive), the required screening fence for the storage areas may be ineffective in screening the storage area from the street. In such cases, screening of the view from the right of way shall be achieved by planting on site or along the public street, a row of trees (minimum 2 inch caliper for deciduous trees or 4 foot minimum height for evergreen trees) spaced in such a manner that the trees shall form a solid screening of the storage area from public view. The trees planted shall be species whose height and width at maturity will completely block the view of the storage area from a public street. The trees shall be planted in a location which will be between the required fence and the public viewing area.
6. Setback From Rivers; Screening: A minimum setback of fifty feet (50') from a river or stream of all storage areas, fencing or buildings is required. Additional setback distances may be required based on factors such as elevation difference from the river and the surrounding land, existing vegetative conditions, floodplain elevations and past changes in the channel so that the river corridor is not adversely impacted. Vegetation and riverbanks shall be maintained in their natural conditions. A planting buffer between the fence and the river may be required if it is determined that existing river corridor vegetation or topography does not buffer the effect of the required screening fence in order to create a natural riparian environment and there are no other land uses between the storage and the river.
7. Irrigation Canals: All irrigation canals running through the property shall be enclosed in a pipe of sufficient size to convey the maximum flow capacity of the canal and which shall be sealed to prevent contamination of the irrigation water, or, if piping is not allowed, all storage shall be set back ten feet (10') from the open canal.
8. Interior Access Lanes: Interior access lanes shall be maintained and kept open and free from storage as required by the fire department to provide adequate access for fire protection.
9. Dismantling Or Salvaging Vehicles: No dismantling or salvaging is to occur on the site unless the property is located in an M-2 zone and has obtained a conditional use permit from the planning commission to allow junk and salvage operations on the site.
O. Outdoor Gun Ranges: An outdoor gun range shall meet the conditions of this section in addition to any other conditions that may be required by a conditional use permit.
1. Operational Standards:
a. A certified range master shall be present for each firing line at all times when an outdoor gun range is in use;
b. Only firearms shall be discharged at gun ranges. No cannons, artillery or rockets, or other devices may be discharged;
c. No retail sales or repair of firearms shall be permitted as an accessory use to an outdoor gun range, except as part of a special event;
d. Outdoor gun ranges shall meet noise ordinance standards;
e. Reclamation and recycling of bullets and shot shall be done on a regular basis as needed (following the EPA's "Best Management Practices For Lead And Outdoor Shooting Ranges" manual) for all gun ranges, but not less frequently than in five (5) year intervals;
f. If not otherwise required by the county health department or by the current building code, as adopted by title 16, chapter 2 of this code or its successor provision, an outdoor gun range shall have permanent bathroom facilities, with at least one toilet available for each sex, at all times the range is in operation.
2. Design Standards: Outdoor gun ranges shall:
a. Be completely enclosed by a seven foot (7') high security fence and have controlled access;
b. Be equipped with all weather warning signs posted around the entire perimeter of the shooting range. The signs shall be posted on the average of one sign each one hundred (100) linear feet along the perimeter. Each sign shall be a minimum of two (2) square feet and shall contain wording which warns of shooting on the premises;
c. Be designed so that no lead shot can be discharged or deposited into any wetland;
d. Not have any shooting lane located within five hundred feet (500') of any residential structure, airstrip, or runway;
e. Be located on a parcel of five (5) acres or more in area;
f. Have complete containment by being confined by features and structures that effectively prevent bullets and shot from escaping the range;
g. Be designed to provide protection from accidental or stray ammunition discharge for surrounding properties and uses;
h. Be designed to minimize noise and meet noise ordinance regulations;
i. Have appropriate bullet and shot containment traps to allow for effective reclamation and recycling;
j. Have appropriate engineered runoff controls to prevent contamination of areas outside of the gun range;
k. Meet all applicable standards established in the "NRA Range Source Book". Documentation indicating compliance with the aforementioned standards shall be submitted with the site plan designed by an engineer or architect licensed by the state;
l. Meet all applicable state and federal regulations including, but not limited to: the Utah department of natural resources, environmental protection agency and occupational safety and health administration. Documentation indicating compliance with the aforementioned regulations shall be submitted with the site plan designed by an engineer or architect licensed by the state.
P. Indoor Recreation In The BEH Zone: In the BEH zone, indoor recreation uses are limited to nonmotorized activities only.
Q. Special Requirements For Cannabis Production Establishment And Medical Cannabis Pharmacy:
1. A cannabis production establishment:
a. Unless waived by the Utah Department of Agriculture and Food, may not be located within six hundred feet (600’) of any primarily residential zone or within one thousand feet (1,000’) of any community location, measured from the nearest entrance to the cannabis production establishment following the shortest ordinary route of pedestrian travel to the boundary of the community location or residential zone;
b. Shall be operated entirely within an enclosed building;
c. Shall be designed to filter inside air exchanges to the outside through air filter systems that remove odors before exiting the building; and
d. Shall maintain any exterior brick in an unpainted condition and leave brick in its natural color in order to avoid drawing attention to the building.
2. A medical cannabis pharmacy:
a. Unless waived by the Utah Department of Health, shall be located no closer than six hundred feet (600’) from the border of any primarily residential zone and two hundred feet (200’) from any community location, measured from the nearest entrance to the cannabis production establishment following the shortest ordinary route of pedestrian travel to the boundary of the community location or residential zone;
b. Shall have one public entry door at the front of the building facing the street;
c. Shall not darken or cover any windows on the front of the building but shall maintain windows clear and allow visibility into the pharmacy from the street;
d. Shall maintain any exterior brick in an unpainted condition and leave brick in its natural color in order to avoid drawing attention to the building;
e. Shall limit the hours of operation it is open to the public to 8:00 A.M. to 8:00 P.M.
R. In the BEH zone, accessory sales of products in a business that manufactures, packages, or stores food products for human consumption inside an enclosed building, includes, in addition to the general provisions of chapter 21 of this title, the ability to sell products created off site and that are related to the business.
S. Outdoor storage of certain goods may be allowed as an accessory use in an M-1 or M-2 zone; provided:
1. The area dedicated to outdoor storage does not exceed thirty percent (30%) of the lot area;
2. All such outdoor storage shall be in a completely enclosed area screened by a seven foot (7') tall screening fence, made of any of the following fencing materials:
a. Chainlink with vertical plastic or vinyl slats spaced no farther than three-eighths inch (3/8") apart;
b. Solid wood, vinyl or other fencing materials having an appearance of wood of one inch by four inch (1" x 4") to one inch by eight inch (1" x 8") members spaced no farther apart than one-eighth inch (1/8");
c. Baked enamel finish, metal ribbed fence;
d. Decorative masonry; or
e. Other fence materials and construction approved by the community development director which provide adequate screening of the storage area similar to the above fencing materials;
3. No salvage or repair operations shall be allowed as part of such use; and
4. Such goods shall be limited to either new goods or merchandise, or to used or secondhand goods that are intended to be reused or resold in their original form.
(Ord. 2015-4, 2-24-2015; amd. Ord. 2019-46, 10-22-2019; Ord. 2020-25, 6-23-2020; Ord. 2020-39, 9-1-2020; Ord. 2023-55, 10-10-2023; Ord. 2023-57, 10-10-2023)