[1]
Editor's Note: Use Table is included as an attachment to this title.
All of the use categories listed in the following use table summary are defined and described in Section 3.4. The following paragraphs serve as a key to the summary table and indicate how each specific use is treated. (See Section 2.1 for explanation of Zoning District abbreviations.)
A.
Permitted Uses. Uses identified in a particular district column with a "P" shall be permitted in such District, subject to compliance with any applicable conditions and all other provisions of this LUC.
B.
Conditional Uses. Uses identified in a particular district column with a "C" shall be permitted in such District only upon approval of a Conditional Use Permit by the County Commission in accordance with the Conditional Use procedures and standards of this LUC.
C.
Uses Not Allowed. A blank cell indicates that a use is not allowed. Camping outside of a permitted Recreational Vehicle Park, Campground, or Travel Trailer Park is prohibited in all zones.
(Ord. 541, 2016; Ord. 560, 2017; Ord. 569, 2017; Ord. 595, 2019; Ord. 621, 2021; Ord. 622, 2021; Ord. 631, 2021)
The standards of this section shall apply to permitted and conditional uses as set forth in the Principal Use Table (see Section 3.1).
A.
Alley-loaded houses.
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1.
An alley shall be provided to the rear of all alley-loaded houses. All vehicular access shall take place from the alley. No parking shall be permitted in the required front yard.
2.
The first floor shall be a minimum of 24 inches above the finished grade. Any house built on a slab foundation shall have a brick, stone or other masonry veneer skirt extending up the face of the slab.
3.
A front porch minimum of 8 feet in depth shall be required over a minimum of 50 percent of the building width along the street front.
4.
Front porches may encroach a maximum of 8 feet into the front yard and shall be at the same first floor elevation as the home.
B.
Dwellings, Two-Family and Multi-Family. Two-family and Multi-family dwellings shall comply with the following standards:
1.
At least 70 percent of the area contained within a required front yard or street side yard shall be landscaped in accordance with the requirements of Section 6.4, Landscaping and screening;
2.
Landscape screening shall be required along the entire length of any street or highway frontage, except access points, in accordance with the requirements of Section 6.4; and
3.
All highway access shall be subject to the issuance of a highway access permit by UDOT.
C.
Dwellings, Multi-Family.
1.
No parking space shall be located in a required yard, except for the rear yard.
2.
No off-street parking space shall be located closer than 10 feet to any residential building wall.
3.
For developments of 40 or more dwelling units, a divided ingress-egress driveway with a landscaped median for all entrances from public streets shall be provided for all developments.
4.
Sidewalks shall be constructed within the interior of the development to link residential buildings with other destinations such as, but not limited to: parking, adjoining streets, mail-boxes, trash disposal, adjoining sidewalks or greenways and on-site amenities such as recreation areas.
5.
The minimum spacing between multi-family dwellings shall be 20 feet, with an additional 10 feet provided between buildings for every story over 2 stories.
D.
Dwelling, Two-Family (Duplex). Two-family dwellings shall comply with the following standards:
E.
Group Home. A home for disabled persons or elderly persons may provide a living arrangement for not more than 8 residents 60 years of age or older per home, or for the disabled, as defined by the Utah Fair Housing Act [UCA § 57-21-2(9)] and not more than 2 supervisory personnel, subject to the following conditions:
1.
Such homes for the developmentally disabled must be state-licensed.
2.
All exterior aspects of a home for disabled persons or elderly persons, including its scale and off-street parking configuration, shall not disrupt the residential character of the area.
3.
A home for disabled persons or elderly persons shall provide one (1) off-street parking spaces for visitors and one (1) for each employee (typical peak staff), in addition to off-street parking otherwise required pursuant to Sec. 6.1, Off-street Parking.
4.
In no case shall the total number of persons residing on premises (including staff) be more than one (1) per 400 square feet of usable floor area.
G.
Townhouse.
1.
Side yards are not required for interior townhouses lot lines, but street and rear yards shall be provided for all townhouses.
2.
Sidewalks shall be constructed within the interior of the townhouse development to link residential buildings with other destinations such as, but not limited to: parking, adjoining streets, mailboxes, trash disposal, adjoining sidewalks or greenways and on-site amenities such as recreation areas.
3.
No parking space shall be located in a required yard, except for the rear yard.
4.
A maximum of 6 units shall be allowed in a single building.
5.
A minimum 20 foot building separation shall be maintained for all townhouse structures.
H.
Manufactured Homes. All manufactured homes shall comply with the following standards within 60 days of placement:
1.
General. All principal manufactured homes, shall:
a.
Utilize non-reflective siding materials; i.e. wood, stucco, adobe, brick, or stone or material that looks like wood, stucco, adobe, brick, or stone;
b.
Be placed on a slab-on-grade or perimeter foundation;
c.
Have a minimum 24 foot horizontal wall dimension on at least 2 non-opposing sides;
d.
Have a minimum 4:12 roof pitch and a one (1) foot overhang (structures constructed in the traditional southwest Spanish style are exempt from this requirement); and
e.
Screen rooftop mechanical equipment and trash receptacles from view off-site.
2.
Skirting. Each manufactured housing unit shall be skirted with a material or product specifically designed for the skirting of such homes. Required skirting shall be maintained so as not to provide a harborage for animals or create a fire hazard.
3.
Transport Equipment. All manufactured home running gear, tongues, axles and wheels must be removed at the time of installation of the home.
4.
Anchors and Tie-Downs. The manufactured home shall be permanently attached to a foundation. Anchors and tie-downs, such as cast-in-place concrete “dead-men”, eyelets embedded in concrete slabs or runways screw augers, arrowhead anchors, or other devices shall be used to stabilize the manufactured home.
5.
Finished Floor Elevation. The finished floor elevation of the manufactured home shall be a minimum of 24 inches above the exterior finish grade, as measured at the main entrance into the dwelling.
6.
Attached Additions. Any attached addition to a manufactured home shall comply with current building code requirements and the standards of this LUC.
I.
Manufactured Home Community. Manufactured home communities shall comply with the following standards:
1.
Land Area. The minimum land area required for a manufactured home community is 4 acres.
2.
Density Limitations. Any lot or tract of land occupied by a manufactured home community shall have a maximum density of 8 dwelling units per gross acre.
3.
Setbacks and Separation Requirements.
4.
Utilities. Manufactured home community shall connect to public water and sewer services. All service utility lines shall be installed underground.
5.
Landscaping and Screening.
a.
A landscaped strip of land at least 15 feet wide shall be installed on all sides of the manufactured home community.
b.
Exterior boundaries of manufactured home community shall be developed with a sight-obscuring fence, or other acceptable border to create an attractive and permanent border. The land between the fence/border and the public street improvements shall be landscaped with street trees and other landscaping materials (sufficient to reasonably keep children from wandering into the street and to screen the park from view off-site) and shall be maintained by the owner of the manufactured home community.
c.
Exposed ground surfaces shall be protected with a vegetative growth that is capable of preventing soil erosion and of eliminating offensive dust.
d.
Each manufactured home space shall have at least one tree.
6.
Internal Driveway. Manufactured home community shall have an internal driveway not less than 30 feet wide. Each home site shall be arranged so that all homes have access to the internal driveway. The interior driveway shall be properly drained; have a durable dust-free, all weather sur-face of asphalt, armor coating or chip and seal; and a mountable curb.
7.
Recreational Vehicles/Travel Trailers. Recreational vehicles/travel trailers shall be allowed in any manufactured housing park subject to the requirements of this subsection.
a.
Each recreational vehicle/travel trailer shall be placed on a 4 inch concrete or gravel pad. No recreational vehicle/travel trailer with a footprint larger than the pad shall be placed on a site.
b.
Such re-locatable housing that does not meet the definition of a “Manufactured Home” shall be permitted within any manufactured home community, subject to the requirements of this section, provided these types of accommodation do not exceed 30 percent of the total units in the community.
8.
Fire Protection. Every dwelling within a manufactured home community shall be located no further than 500 feet from a fire hydrant.
9.
Drainage. Manufactured home community shall be properly graded and well drained, so as to prevent the accumulation of surface water. A drainage plan shall be approved by the County Engineer prior to approval of the site plan.
10.
Site Plan. A site plan prepared in accordance with the requirements of Section 9.17, shall be approved and filed with the findings of fact as part of the approval. Each manufactured home site in manufactured home communities shall be clearly designated. Development plans shall comply with the applicable requirements of Article 6, General Development Standards. In addition to the requirements of Section 9.17 the required site plan shall be drawn to scale and shall explicitly illustrate at least the following features.
a.
Location and dimensions of all park boundaries.
b.
Location of pavement on adjoining street rights-of-way.
c.
Location and dimensions of any permanent improvements existing or planned within the park, including but not limited to the following:
(1)
Improved surfaces for common driveways, off-street parking and recreation areas;
(2)
Buildings for management, maintenance and recreational purposes;
(3)
Any other recreational facilities;
(4)
Any fences or walls;
(5)
Underground utilities;
(6)
Full cut-off outdoor lighting fixtures; and
(7)
The location of pipelines and systems for potable water distribution, sewage collection and fire protection, including location of all fire hydrants.
11.
Recreation Area. Each manufactured home community shall include a recreational area and facilities for the use and enjoyment of the residents encompassing an area of 10 percent of the total area of the manufactured home community. Lawns, parking, driveways, access way, streets, etc. shall not be considered part of the required recreational area and facilities.
12.
Storage. A detached, accessory storage building or buildings shall be provided within each manufactured home community containing a minimum storage capacity of 10 cubic yards per manufactured home space. A combined area of at least 100 square feet per manufactured home space shall be provided for the storage of boats, campers, etc. – said area shall be enclosed with a fence of 6 to 8 feet in height to obscure the site from view off-site.
13.
Pedestrian Access. Public trails and trail connections shall provide connectivity to surrounding properties in accordance with the requirements of Section 7.4, Sidewalks and Trails.
14.
Refuse. All refuse shall be stored in fly-tight, water-tight, animal-proof containers, which shall be located no more than 150 feet from each manufactured home site. Containers shall be provided in sufficient number and capacity to properly store all refuse generated in the manufactured home community.
15.
Accessory Uses. A manufactured home community may include a laundry, clubhouse and other nonprofit recreational buildings. A manufactured home community with 50 or more units may include a convenience store of up to 2,000 square feet.
J.
Upper Story Residential. An upper-story residential unit is allowed on the upper floors of a permitted nonresidential use as set forth in Use Table (see Section 3.1) and shall adhere to all dimensional standards of the permitted nonresidential use.
K.
Zero Lot Line House.
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1.
The side building setback for zero lot line houses may be reduced to zero feet on one side. This reduction does not apply to the street side setback or to the interior side setback adjacent to lots that are not zero lot line development.
2.
An easement between the 2 property owners to allow for maintenance or repair of the house shall be required when the roof overhang or side wall of the house are within 4 feet of the adjacent property line (no roof overhang shall be permitted to extend across the property line). The easement on the adjacent property must provide at least 10 feet of unobstructed space. The easement shall be recorded on the subdivision plat.
3.
Minimum setback between buildings shall be twice the side yard setback.
4.
If the side wall of the house is on the property line, or within 3 feet of the property line, windows or other openings that allow for visibility into the side yard of the adjacent lot shall not be allowed. Windows that do not allow visibility into the side yard of the adjacent lot, such as a clerestory window or a translucent window, shall be allowed.
A.
Airport and Heliport, Emergency Operations. A heliport associated with the Grand County Emergency Operations Center (EOC) shall be a permitted use in the Highway Commercial (HC) zone district. The EOC heliport shall be used strictly for life safety related emergency operations. Aircraft takeoffs and landings shall not be permitted if helicopter takeoffs or landings are conducted in any part for commercial travel aviation or scenic flight purposes.
B.
Airport and Heliport, Private. All private airports and heliports shall comply with the standards of this section:
1.
Aircraft takeoffs and landings shall be limited to the following activities:
a.
Aviation activities conducted by or on behalf of governmental entities;
b.
Medical, search-and-rescue, or other life safety emergency aviation activities;
c.
Aviation activities for agricultural purposes (farming or ranching);
d.
Aviation activities for the purpose of seismic or other oil, gas or mineral exploration;
e.
Aviation activities for the purpose of reaching an aircraft maintenance or repair facility that is in use, and has historically been in use, at the time this section becomes effective;
f.
Aviation activities for the purpose of maintaining and repairing public utility facilities;
g.
Aviation activities for commercial filming purposes; or
h.
Aviation activities in support of permitted construction activities.
2.
Aircraft takeoffs and landings for commercial filming activities shall be conducted at an air-port or heliport that is currently in use, and has historically been in use for such activities.
3.
Aircraft takeoffs and landings at private heliports shall not be permitted if helicopter takeoffs or landings are conducted in any part for commercial travel aviation or “scenic flight” purposes.
C.
Day Care Center, General. General day care centers shall comply with the standards of this section.
D.
Day Care Center, Limited. Limited day care centers shall comply with the standards of this section.
E.
Hospital or Clinic. Hospitals or clinics shall comply with the following standards:
F.
Field Research Stations and Environmental Education Centers.
1.
Visual impacts of structures and parking as viewed from public right-of-ways and high use areas shall be substantially mitigated through the use of a development envelope, showing horizontal and vertical dimensions of structures, and screenings thereof.
2.
Prior to issuance of building permit the applicant shall demonstrate compliance with the following building design standards:
a.
Be placed on a slab on grade or perimeter foundation.
b.
Exhibit a unity of design for buildings within multi-building complexes through use of similar elements such as rooflines, materials, window arrangement, and details.
c.
Utilize medium to darker earth tones and non-reflective materials on all structures, including roof, to minimize contrast and blend with the surrounding natural landscape without calling undue attention to the development.
3.
Provide adequate facilities and services based on the type and scope of development proposed including conceptual approval from appropriate state agencies for proposed private water and/or sewer systems. Final approval shall be required prior to issuance of building permit.
4.
Limit the height of all buildings to 24 feet, except one structure may be 35 feet.
5.
Limit the number of primary structures on site to an average of one per five acres. Primary structures may include dormitories, educational and office space, and storage buildings, Primary structures shall include all buildings other than individual accommodation units and agricultural buildings.
6.
Signs allowed on site shall comply with the requirements of Section 6.5, provided, however, that, maximum allowable signage, defined as the aggregate total square footage of signs onsite, shall be a maximum of 60 square feet, provided that no individual sign may be more than 12 feet in height and 40 square feet per face. Signs that are not visible from off-site shall not be considered in the aggregate allowed total.
7.
The average density of individual accommodations units (for example campsites and/or cabins) shall be limited to one per two acres; individual accommodations units shall not exceed 400 square feet. The County may permit a bonus density for individual accommodation units of up to one unit per .75 acre, where the County specifically finds that a proposed development will provide significant and substantial public benefit, as compared to alternative uses for the subject property, by exceeding county standards with respect to:
(Ord. 541, 2016)
A.
Adult Entertainment Establishment.
1.
An adult entertainment establishment shall be located a minimum of 1,000 feet, as measured in any direction from property line to property line, from any existing adult entertainment establishment.
2.
An adult entertainment establishment shall be located a minimum of 1,500 feet, as measured in any direction from property line to property line, of any residentially-zoned property, place of worship, school, park, government-owned or managed building open for public assembly.
3.
Any display, device or sign that depicts or describes specified sexual activities or specified anatomical areas shall be out of view of the public way and surrounding property.
4.
Such use shall abut a collector or greater classified street.
B.
Auto Repair Garage. All motor vehicles on the premises must carry a current registration and/or a work order with a completion date not to exceed 90 days. Motor vehicles without valid registration and/or a work order shall be classified as salvage and junk, and may not be kept, stored or worked on in an auto repair shop.
C.
Bar, Nightclub or Tavern. Bars, nightclubs or taverns shall comply with the standards in this section.
E.
Car Wash. Self-service and full-service car wash facilities shall comply with the following standards:
1.
All washing facilities shall occur under a roofed area with at least 2 walls.
2.
Vacuuming facilities may be outside the building but shall not be in the front yard and shall not be closer than 25 feet from any residential district.
3.
The building surfaces shall be faced with masonry, porcelanized steel, baked enamel steel or other material equal in durability and appearance.
4.
The building shall not be less than 100 feet from any residential district.
5.
The building shall be setback not less than 25 feet from the front property line.
6.
Off-street parking shall be provided on the property in the ratio of not less than three parking spaces for each washing stall, or five parking spaces for each automobile that may be accommodated on the washing line within a full-service building.
7.
All off-street parking areas shall be hard-surfaced and dust-free.
G.
Flea Market. Flea markets shall comply with the standards in this section.
1.
A site plan, prepared in accordance with the requirements of Section 9.17 shall be approved and filed as part of the resolution of approval. Such required site plan and or resolution shall set forth the requirements for:
a.
Ingress and egress to the property;
b.
Location and dimensions of structures and signs;
c.
Specific areas proposed for specific types of land use;
d.
Parking spaces;
e.
Rest rooms;
f.
Topography;
g.
Outdoor lighting;
h.
Drainage plan (including calculation of pre-and post-development flows);
j.
Landscaping and other development and protective requirements including maintenance considered necessary to create a reasonable transition to and protection of the adjacent property.
2.
The sales or parking area shall be setback at least 300 feet from any residential zone district and from a lot or parcel containing a residential use.
3.
Adequate screening shall be required to screen the use from view of adjacent and nearby residential uses.
4.
Selling area and parking area shall be an all-weather, dust-proof surface and shall be maintained in a usable condition at all times.
5.
Adequate traffic access to the flea market shall be available via nonresidential streets.
6.
Vendors shall hold a valid state sales tax permit.
7.
A flea market shall provide one (1) off-street parking space for each employee (typical peak), in addition to off-street parking otherwise required pursuant to Sec. 6.1, Off-street Parking.
8.
Overnight lodging or overnight parking of RV’s shall not be permitted.
9.
The County may regulate the hours in which outdoor lighting may be used.
10.
The County may impose any further reasonable conditions necessary to protect the health, safety or welfare of the public.
H.
Fuel Service. Gasoline service stations, convenience stores and other fuel service uses shall comply with the following standards.
1.
All gasoline service station dispensers shall be setback at least 20 feet from all property lines.
2.
All light fixtures mounted on the lower surface of gas canopies must be fully shielded in-and-of themselves (canopy edges do not qualify as shielding).
3.
Comply with all applicable state and federal standards, including EPA.
I.
Indoor Recreation. Use Amusement and recreation uses shall be conducted within a completely enclosed building which shall have no openings, other than stationary insulated glass windows, or required exiting openings, facing any adjacent residentially zoned or developed property.
J.
Outdoor Recreational Use. Outdoor recreational uses shall comply with the following standards:
1.
A site plan prepared in accordance with the requirements of Section 9.17 shall be approved and filed with the findings of fact as part of the approval.
2.
Improvements shall be audibly insulated, sited and designed so as to minimize visibility from residential areas, developed property, public use areas and public rights-of-ways.
3.
Colors used in improvements shall be of low reflective value so as to not draw undue attention to such uses.
4.
Food service and retail uses are permitted only as accessory uses, in accordance with Section 3.4.
5.
A reclamation bond shall be required sufficient to ensure restoration of the site to a reasonably natural or preconstruction state should the use cease in the future for any reason.
K.
Outfitters, Guide Services and Facilities.
2.
ATV Outfitters, Guide Services and Rentals.
a.
All outfitters, guide services, and rental companies who rent, drive, or otherwise use ATVs as part of the outfitting and guide service provided by the business shall be deemed an ATV outfitter, guide service, or rental company and subject to the regulations set forth in this section;
b.
ATV outfitter, guide service, and rental businesses may be permitted as conditional uses in the zones identified in Section 3.1 (Use Table) only if the maximum number of permits for ATV businesses allowed in the County are not met as set forth in Chapter 5.02 of the Grand County General Ordinances, as amended;
c.
All ATV outfitter, guide service, and rental businesses shall comply with the ATV business regulations set forth in Section 5.02.020 of the Grand County General Ordinances, as amended, which regulations shall constitute conditions of the conditional use permit;
M.
Residential Units Used for Overnight Accommodations. See Section 4.6, Overnight Accommodations Overlay.
N.
Restaurant. Restaurants shall comply with the following standards:
1.
Drive-up, drive-through facilities shall provide at least 4 vehicle stacking spaces. In addition, there shall be at least one (1) temporary vehicle stopping space after the delivery window so motorists may prepare themselves for a safe exit onto the public roadway.
2.
Designated outdoor eating areas accessory to restaurants, such as in a courtyard or on a roof or deck, shall be added to the gross floor area of the building for purposes of computing off-street parking requirements. Outdoor eating areas shall not be designated in required parking areas.
O.
Kennel. Dog kennels shall comply with the standards of this section.
1.
No outdoor kennel shall be permitted in any zoning district.
2.
The kennel shall be located not less than 300 feet from a residential structure that is located on any property in separate ownership. For the purpose of this section, measurement of the 300-foot distance shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of an existing habitation to the nearest portion of the kennel.
3.
No outdoor exercise run area shall be permitted less than 50 feet from any land zoned residential.
4.
All cages, pens, grooming areas shall be maintained with a completely enclosed, sound-proof building; the facility shall conform to the noise restrictions of Section 6.12.3.
5.
All facilities shall be designed and constructed in a manner that eliminates any emission of odor offensive to persons owning, occupying or patronizing properties adjacent to the use.
P.
Telecommunications Tower and Facility. Telecommunications towers and facilities may be permitted, subject to the following requirements:
1.
Minimum Lot Area. Notwithstanding other provisions to the contrary, the minimum lot area for such uses shall include all lands within the diameter of the fall zone, the radius of which shall be the height of the tower.
2.
Co-location Requirements. A proposal for a new telecommunication towers shall not be approved unless the County Commission finds that the equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within Spanish Valley, or within a 5 mile radius of the proposed tower outside of Spanish Valley, due to one (1) or more of the following reasons:
a.
The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost;
b.
Existing or approved towers and buildings within Spanish Valley or the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer;
c.
All telecommunication towers shall be designed (structurally, electrically, and in all respects) to accommodate both the applicant’s antennas and comparable antennas for at least 2 additional users if the tower is to be over 60 feet in height, or for 4 additional users if the tower is over 100 feet in height; and towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights;
d.
Other unforeseen reasons make it unfeasible to locate the planned tele-communications equipment upon an existing or approved tower or building.
3.
Tower and Antenna Design. Proposed or modified towers and antennas shall meet the following design requirements:
a.
Towers and antennas shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities much as the Federal Aviation Administration.
b.
Towers and antennas shall be of monopole design unless the County Commission determines that an alternative design would be more appropriate to or better blend in with the surrounding environment.
4.
Accessory Structure and Building Design. The design of accessory or related structures or control buildings shall be architecturally designed to blend in with the surrounding buildings and environment, and they shall meet the minimum setback requirements of the underlying zoning district.
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5.
6.
Tower Siting. All towers shall be subject to the Ridgeline Standards of Section 6.9.8. Towers shall not be located between a principal or accessory structure and a public road or street, except in the LI, Light industrial and the HI, Heavy industrial Zone Districts where towers may be placed within a side yard abutting an internal industrial street.
7.
Tower Setbacks. All towers shall conform to the minimum setback requirements of the underlying zoning district, or as modified below:
a.
The minimum setback for a tower shall be equal to the height of the tower; provided, however, the minimum setback for a tower from the property line of a property with a residence shall be twice the height of the tower.
b.
Towers in the LI, Light industrial and the HI, Heavy industrial Zone Districts may encroach into the rear setback area, provided that the rear property line abuts another industrially zoned property and the tower does not encroach upon any easements.
c.
Notwithstanding other provisions to the contrary, a tower’s setback may be reduced or its location in relation to a public street varied at the sole discretion of the County Commission, in order to mitigate visual impacts or to allow the integration of a tower into an existing or proposed structure such as a church steeple, light standard power line support device or similar structure.
8.
Tower Height. The maximum height of all commercial wireless antennas and supporting towers shall not exceed the minimum that is technically necessary to serve the design purpose; provided, however:
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a.
The maximum height of all commercial wireless antennas and supporting towers shall not exceed the distance to the nearest lot or parcel boundary on the subject lot or parcel or 150 feet, whichever is less.
b.
No tower shall be in excess of a height equal to the distance from the base of the antenna and tower to the nearest overhead electrical power line, less 5 feet.
c.
Co-location requirements notwithstanding, co-location shall not automatically be considered justification or grounds for a proposed height. In all cases, the County reserves the right to limit height of a proposed tower as necessary to insure compatibility with the neighborhood.
9.
Lights and Other Attachments.
a.
Towers shall not be artificially illuminated or display strobe lights unless the Federal Aviation Administration or other federal or state authority for a particular tower specifically requires such lighting be incorporated into the approved design of the tower. Light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the tower.
b.
No tower shall have constructed on, or attached to, any additional platform, catwalk, crow’s nest, or like structure (other than those required by industry Standards or Federal Regulations), except during periods of construction or repair.
10.
Signs and Advertising. The use of any portion of a tower for signs other than warning or equipment information signs is prohibited.
11.
Interference with Public Safety Telecommunications. No telecommunications service shall interfere with public safety telecommunications. All applications for new service shall be accompanied by an inter-modulation study, which provides a technical evaluation of existing and proposed transmissions and indicates all potential interference problems. Before the introduction of new service or changes in existing service, telecommunication providers shall notify the Commission at least 10 calendar days in advance of such changes and allow the Commission to monitor interference during the testing process. At the Commission’s discretion, such new service or changes may be required to obtain a new permit.
12.
Performance Standards. All towers must conform to the applicable Operational Performance Standards of Section 6.12.
13.
Tower Construction Requirements. All towers erected, constructed or located within the County, and all wiring therefore, shall comply with the requirements of all current Construction Codes.
14.
Annual inspections. After approval of a permit for a telecommunications or microwave tower, the tower owner shall promptly submit copies of any and all inspection reports that may be required by the FCC.
15.
Additional Submittal Requirements. In addition to the information required elsewhere in this LUC, development applications for towers shall include a report from a qualified and licensed professional engineer that:
a.
Includes any and all technical information and design requirements, including co-location requirements, necessary to evaluate the request;
b.
Describes the tower height and design including a cross section and elevation;
c.
Documents the height above grade for all potential mounting positions for co-located antennas and the minimum separation distances between antennas;
d.
Describes the tower’s capacity, including the number and type of antennas that it can accommodate;
e.
Documents what steps the applicant will take to avoid interference with established public safety telecommunication;
f.
Includes an engineer’s stamp and registration number;
g.
A letter of intent committing the tower owner and his or her successors to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions of shared use; and
h.
Proof that the proposed tower complies with regulations administered by Federal Aviation Administration.
Q.
Telecommunications Towers and Facilities on an Existing Tower or Other Structure. Telecommunications towers and facilities may be installed on an existing tower or structure, subject to the following requirements.
1.
The antenna(s) shall be no higher than the existing tower or structure; provided, however, that if the antenna is installed on top of an interstate power transmission tower, such an antenna and tower may be up to 150 feet in height;
2.
Such antenna(s) shall be subject to all terms and conditions imposed on the existing tower or structure;
4.
The impacts of the new antenna(s) on the surrounding neighborhood shall be no greater than the existing tower or structure.
R.
Telecommunications and Facilities in a Tower Campus. Telecommunications towers and facilities may be permitted in the tower campus on Bald Mesa, subject to the following requirements:
S.
Utility Substation. Electricity regulating substations, gas pressure control stations or similar utility substations shall be subject to the following standards.
1.
Any structure shall be set back not less than 25 feet from all property lines or the minimum setback requirements of the applicable zoning district, whichever is greater.
2.
The uses shall be enclosed by a screen and landscaped as required by Section 4.4F.
3.
The storage of equipment on the premises shall be shielded from view offsite.
T.
ATV Sales.
1.
ATV sales may be permitted as conditional uses in the zones identified in LUC Section 3.1 (Use Table) subject to the following condition:
a.
All ATVs marketed or sold shall be electric models or meet the maximum sound pressure levels set forth in Table 1, Chapter 11.05 of the Grand County General Ordinances.
(Ord. 548, 2016; Ord. 569, 2017; Ord. 607, 2020; Ord. 631, 2021)
A.
Asphalt or Concrete Batch Plant. Asphalt or concrete batch plants shall comply with the standards of this section.
1.
Minimum Lot Area: 2 acres
2.
Minimum Setbacks (All Sides): 200 feet from any residential zoning district or lot containing a principal residential use for all activity areas, including driveways and on-site roads.
3.
When not proposed in conjunction with an asphalt plant, rock crushing or sorting activities, the above setback may be reduced up to 75 percent where Planning Commission finds adequate screening is provided. In such instances, the applicant shall provide supporting materials demonstrating unique topographical considerations such as a physical buffer and that the emission of noise, heat, glare, smoke and particulate matter, vibration, and/or odor will not be discernible at or beyond the property line as approved by Planning Commission.
4.
The County may specify the hours of operation.
5.
All internal roads shall be maintained in a dust-free condition. The access drive from the site shall be paved with a surface of asphalt or concrete for a distance of at least 100 feet from the rights-of-way of the public road from which access is taken. Provisions shall also be made to remove dust, dirt, mud or other debris from the vehicles before they leave the site.
6.
Provisions shall be made for the on-site reduction and containment of dust and other particulate matter.
7.
The site shall have frontage on and access to a collector or arterial street, provided the authority with jurisdiction over the subject road may approve alternative access.
C.
Impound Lot. All impound lots or holding areas for motor vehicles (operable or inoperable) removed from public roads and awaiting disposition shall be screened in accordance with the requirements of Section 6.4.4F.
D.
Mining and Extractive Use. Mining and extractive uses shall comply with the following standards:
1.
An excavation and rehabilitation plan shall be required for any mining or extractive use. Such plans shall contain the following information:
a.
A detailed description of the method of operation of extraction and rehabilitation to be employed, including any necessary accessory uses such as, but not limited to, crushers, batch plants and asphalt plants;
b.
An extraction plan showing the areas to be mined, location of stockpile area, location of structures, general location of processing equipment, with accompanying time schedules, fencing if applicable, depth of deposit, tons in the deposit, and other pertinent factors;
c.
A detailed rehabilitation plan showing proposed rehabilitation with time schedules including, but not limited to, finish contours, grading, sloping, types, placement, and amount of vegetation, after use plans, and any other proposed factors;
d.
Topography of the area with contour lines of sufficient detail to portray the direction and rate of slope of the land covered in the application;
e.
Type, character, and density of proposed revegetation;
f.
The operator’s estimated cost at each of the following segments of the rehabilitation process, including where applicable, backfilling, grading, re-establishing topsoil, planting, revegetation management, and protection prior to vegetation establishment and administrative cost;
g.
A drainage report and drainage plan prepared by a Utah-registered engineer with consideration of natural drainage, drainage during excavation and drainage after rehabilitation such that the proposed rehabilitation and excavation will have no adverse effect in excess of natural conditions;
h.
A traffic analysis that reviews road and safety conditions in the pit area and in the vicinity of the pit area -- such analysis shall also include ingress/egress, parking and loading areas, on site circulation, estimate of number of trucks per day on the average and maximum number of trucks per day (ranges are acceptable);
i.
Additional information as may be requested by the Zoning Administrator, and
j.
Upon approval, the excavation and rehabilitation plans shall be filed with the County Clerk and Recorder and any subsequent change in excavation and rehabilitation plan shall be prohibited unless approved by the County Commission.
2.
Excavation or deposit of overburden shall not be permitted within 30 feet of a boundary of adjacent property easement, irrigation ditch or rights-of-way unless by written agreement of the owner of such property, easement, irrigation ditch or rights-of-way.
3.
Excavation within 125 feet of a dwelling unit shall be prohibited unless by written agreement of the owner and occupant of the residence. No excavation involving the use of rock crushers, asphalt plant, cement batch plant and other similar equipment shall not take place within 600 feet of a dwelling unit. The County may require the installation of a Landscape Buffer when necessary to control dust and mitigate other adverse impacts on surrounding areas.
4.
All excavation activities shall be set back at least 100 feet from road rights-of-way and watercourses. The watercourse setback may be varied, based on Utah Department of Wildlife comments concerning site-specific factors. Existing trees and ground cover along public road frontage and drainage ways shall be preserved, maintained and supplemented, if necessary, from the depth of the setback to protect against and reduce noise, dust and erosion. The decision-making body shall be authorized to require the installation of disturbance fencing per Section 4.9.9E, along roads and watercourses when necessary to control dust and mitigate other adverse impacts.
5.
The operator shall submit a route plan (haul route) to the County Road Supervisor and receive permission to use for use of public rights-of-way not designated for such haulage by reason of load limit, dust, rights-of-way or pavement width or other relevant factors. The County Road Supervisor may place reasonable restrictions on such rights-of-way use. Alternative haul routes shall be developed where haul route impacts the health, safety and welfare of the local area.
6.
Haul roads within the premises shall be maintained in a reasonably dust-free condition and shall be contained within the pit (after excavation allows) to the maximum extent feasible. This may include, depending on local conditions, watering, oiling, or paving.
7.
Operation shall be limited to the hours of 6AM to 7PM unless longer or shorter hours of operation are approved as part of a Conditional Use Permit.
8.
The operator shall not excavate, store overburden, or excavate materials or dike in such a manner as to increase any drainage or flooding on property not owned by the operator or damage to public facilities.
9.
Prior to starting excavation, where the operation is adjacent to subdivided or developed commercial, residential, or industrial property, fencing may be required to prevent the visibility of the mining operation, and buffering and screening of the entire parcel or areas of excavation may be required. None of these shall be removed until rehabilitation has been completed.
10.
Where the operation is adjacent to subdivided property or to developed commercial or residential property, once mining has been completed, the site shall not to be used as an area to stockpile sand or gravel resources. The mining operator is to reclaim those areas as soon as possible.
11.
Operations shall comply with air, noise, vibration, and other standards of Grand County and noise standards enumerated in Section 6.12, Operational Performance Standards.
12.
All air emissions shall comply with standards established by the Utah Department of Environmental Quality or other appropriate state agency.
13.
All water uses and discharges shall conform to standards established by the Utah Department of Environmental Quality or other appropriate state agency.
14.
All slopes shall be stabilized and re-vegetated in a manner compatible with the surrounding area.
15.
A development schedule shall be submitted describing the life span of the plan in years (ranges are acceptable) and, if applicable, the years per phase. Diligence in meeting this schedule is required.
a.
Up to a 2-year extension may be granted by the Zoning Administrator if a written request is submitted outlining the factors and reasons for the extension. New conditions, if any, will be considered.
b.
Requests for extensions up to 5 years and appeals of the Zoning Administrator’s decision will be submitted to the County Commission at a public hearing.
16.
If the use has not operated or if no material has been extracted within 3 years of obtaining the Conditional Use Permit and a request for extension has not been received and approved by the County Commission, the Conditional Use Permit shall expire. Extension requests shall provide information concerning the factors and reasons for the request. The County Commission will consider these factors and reasons as well as the extent conditions have changed in the area, if any, in granting extensions.
E.
Oil and Gas Drilling. Oil and gas drilling shall comply with all applicable Federal and State requirements and the County will be a referral agency on all state and federal permitting.
F.
Ore Refining or Processing. Ore refining or processing shall comply with the following standards:
G.
Commercial Production Water and Formation Water Disposal and Recycling Facilities (“Disposal Facilities”).
1.
General Requirements. Disposal facilities may be approved by conditional use permit pursuant to Section 9.11, Conditional Use Permits. Drilling muds and tank bottom waste shall not be accepted. Land farms, as defined in Article 10, are not permitted. Disposal facilities shall comply with the following requirements:
b.
Transportation Plan. Selected transportation routes shall not result in a significant degradation of the level of service; “significant” shall be defined as a change in letter grade of the level of service. Where the level of service is unknown the applicant shall be responsible for the cost of traffic studies performed by a Utah-licensed engineer to establish such information. Traffic studies shall include an analysis of the traffic mix. Route selection to and from facilities shall consider the following:
(1)
Methods by which production water and formation water will be transported,
(2)
Road types, design, and service capacity, including future maintenance needs and costs,
(3)
Extent to which weather renders such roads and/or highways hazardous,
(4)
Load capacities, including during saturated inclement weather conditions,
(5)
Accident rates, to determine if proposed transportation routes are more or less hazardous than the average for similar types of roads and/or highways. The applicant shall mitigate any increased risk to such roads and/or highways, the traveling public, and any increased future maintenance and repair costs to Grand County or the state of Utah,
(6)
Number and proximity of residences, schools, hospitals, and pedestrian routes,
(7)
Noise and traffic disruption,
(8)
Number and frequency of intersections per linear mile, or other measure as determined by Grand County during the application process, between the entrance of a facility and the nearest federal, state or county highway or road,
(9)
Where roads are inadequate, as determined by Grand County, to support the additional proposed traffic, road and/or highway improvements shall be provided at the applicant’s expense, consistent with applicable County, state, and/or federal standards,
(10)
A road maintenance agreement accepted and signed by the County Road Department and approved by the County Commission,
(11)
Additional bonding may be required to adequately cover road maintenance costs during operation, and
(12)
A UDOT highway access permit shall be approved for each facility with direct access to a state highway. Turn lanes, frontage road(s), and curb and gutter shall be provided by the applicant if required by UDOT.
c.
Operation.
(1)
Disposal facilities shall be fully operational and have all applicable County, state, and federal permits prior to accepting production water or formation water. At a minimum, appropriate permits are required from Utah Division of Air Quality, Utah Division of Water Quality, Utah Division of Oil, Gas and Mining, and Utah Division of Waste Management and Radiation Control.
An operational certification letter shall be issued by the Community Development Department prior to receiving any production water or formation water. This operational certification letter must document the appropriate state agency permits.
(2)
An operator shall be on site during commercial operations.
(3)
Sites shall be used solely for production water or formation water disposal, condensate holding and hydrocarbon recovery tanks, and related structures. Injection or dumping into an injection well of any class, or holding at the site, of any other substance, waste or chemical is strictly prohibited without the necessary permits and prior approval of federal, state, and County entities.
(4)
Federal, state, and County officials shall be allowed on the premises for the purpose of conducting site visits without prior notification.
(5)
Federal, state, and County documents shall be maintained on site and made available for federal, state, and County review.
(6)
Signs providing emergency contact information shall be provided at the facility entrance and receiving areas.
(7)
The applicant shall submit information regarding the proposed facility, wildlife protection measures, and type and height of perimeter fencing to the Utah Division of Wildlife Resources. The applicant’s letter and agency response shall be provided to the County.
(8)
Perimeter fencing shall be installed to keep wildlife and agriculture stock off the premises.
d.
Water Supply, Sewage Disposal, and Fire Protection. Prior to approval the applicant shall demonstrate water supply, sewage disposal, and fire protection that is sufficient in terms of quality, quantity, and dependability for the proposed facility.
e.
Drainage Plan. A drainage report and drainage plan, prepared by a Utah-licensed engineer, shall demonstrate compliance with Section 6.7, Drainage, with consideration of natural drainage and drainage during construction.
f.
Surface Discharge. No production water or formation water shall be discharged to the ground for any purpose including construction, dust control, or agricultural use without prior written approval from the Utah Division of Oil, Gas, and Mining, the Division of Water Quality, and Grand County. No other fluids from such facilities shall be discharged onto the ground, sold for off-site use, nor allowed to contaminate waters of the U.S. without prior written consent from all applicable local, state, and federal authorities. The applicant shall provide written copies of all approvals to the County prior to commencing any such activity.
g.
Waste Management Plan. A detailed waste management plan shall describe the plans for handling and disposal of the expected wastes to be generated as a part of facility operations. This includes such items as hydrocarbons, concentrated brine, accumulated solids, treatment chemicals, and treatment media.
h.
Reclamation Plan. A detailed reclamation plan shall demonstrate that upon cessation of operations restoration of the site shall be completed to a condition as natural as practical, or to the site’s original or other beneficial condition as approved by the County Commission and consistent with Section 6.9.9F, Restoration. At a minimum the reclamation plan shall include the following:
(1)
Removal of structures,
(2)
Removal and disposal of remaining waste including contaminated soils and liners,
(3)
Regrading of the site to the approximate original contour or approved beneficial condition,
(4)
Erosion control and revegetation of disturbed areas, and
(5)
Conformance with state reclamation requirements.
i.
Bonding The applicant shall be financially capable of constructing, operating, and properly closing the site, including reclamation and any required post-closure monitoring to the satisfaction of the County. Final reclamation shall be accomplished within one year of the cessation of operations.
Each applicant shall post sufficient security based on a cost estimate to be prepared by a licensed engineer and approved by the Community Development Department. The cost estimate shall include all costs associated with facility closure and site remediation. The method of security shall be approved by the County Clerk, County Attorney, and County Commission prior to the issuance of a Conditional Use Permit. Such security shall be in accordance with state requirements found in Utah Administrative Code R649-9 Waste Management Disposal. Estimates shall be recalculated every five years and shall account for the value of bonds held by the state of Utah for a particular facility.
j.
Referral Agency. Applications shall be referred to such agencies and persons as the Zoning Administrator deems appropriate, including, but not limited to, the Utah Department of Environmental Quality (Division of Air Quality, Division of Waste Management and Radiation Control, and Division of Water Quality) and the Utah Department of Natural Resources (Division of Oil, Gas, and Mining and Division of Wildlife Resources) for review and comment.
k.
Notification. The applicant shall supply a list of all property owners within a one-half mile radius of the proposed project site and an affidavit certifying that a copy of the application has been made available to said property owners.
l.
Operational Status. Grand County shall be notified in writing at least 30 days prior to any change in ownership or operator status. Grand County shall be notified of any permit revisions, equipment upgrades or downgrades, and/or process changes integral to the operation of the facility.
m.
Technical Review. If County staff does not have the technical expertise or the practical ability to devote the necessary time and effort for technical review, as determined by the County Commission, the County may engage such additional expertise and/or consultants to assist the County and/or to provide technical review of an application under this section, including assessing the accuracy of technical reports and studies. The applicant shall reimburse the County for the cost of such assistance prior to approval of applicable County permits and before commencement of the activity. The County shall require that the applicant provide cash or equivalent security to guarantee that the costs of such consultants and expertise are borne by the applicant.
n.
Best Available Control Technology (BACT). Applicants shall install and operate emission control technology according to requirements of all applicable permits and orders issued by the state of Utah.
Applicants that are required by the state of Utah to provide best available control technology documentation to the Department of Air Quality shall furnish a copy of the proposed best control technology documentation to the County.
Commercial operations shall be suspended and Grand County notified within four hours any time the BACT equipment fails to operate properly for longer than one hour. In such cases, commercial operations shall not resume until the BACT equipment is operating properly.
o.
Existing Facilities. Existing facilities shall not be deemed to be in noncompliance due to actions taken by adjacent landowners.
p.
Fees. In addition to application fees, the applicant shall pay fees in accordance with the Grand County fee schedule as updated annually.
(1)
Each disposal facility shall submit to the Office of the County Clerk a monthly summary report of barrels received by the fifth business day of the following month. Billing invoices for the monitoring fee shall be subject to a standard 30-day payment term.
(2)
If the monthly summary report is not received by the Office of the County Clerk within 30 days of the due date, the Clerk shall bill the owners of the disposal facility based on the average of the 12 most recently submitted monthly reports.
(3)
Accrued late fees of 1.5 percent per month for past due balances will be billed upon receipt of the annual statement from the disposal facility or on the due date of the annual statement, whichever is earliest.
(4)
If the total barrels reported in the annual statement shows that less fees were due than were billed, the Office of the County Clerk will calculate the difference and issue a credit against future monitoring fees. If the total annual barrels reported in the annual statement shows that more fees were due than were billed, the Office of the County Clerk will bill the facility for any additional fees due, including any additional late fees due.
(5)
Grand County may file a lien against the disposal facility for unpaid fees that are still past due on April 30th of the following year.
q.
Permit. Review The applicant shall provide an annual statement of compliance to be reviewed by the County Commission. Such statements shall include a detailed and specific report on steps taken in the prior year to comply with applicable local, state, and federal requirements and laws. This statement shall be due to the County by January 31st of each year.
r.
Permit Expiration. If the facility has not been in operation within one year of obtaining the conditional use permit and a request for extension has not been received and approved by the County Commission the conditional use permit shall expire. Additionally, if the facility shuts down at any time for a period of one year and a request for extension has not been received and approved by the County Commission, the conditional use permit shall expire and site restoration shall be completed by the owner of the property or bond holder.
s.
Liability and Mitigation. The permittee and property owner are legally liable for all environmental damage, including but not limited to health hazards, resulting from the construction, operation, use, and maintenance of any disposal facility. If such damage occurs, the County, in addition to pursuing all other remedies available to it, may summarily require the permittee and property owner to develop and implement with due diligence a mitigation plan, including requirements of state and federal agencies, to remedy all such damage. Implementation of the plan will be required regardless of whether the County also revokes the permit.
t.
Contingency Plan. The applicant shall provide a contingency plan, including material safety data sheets, to be maintained on site and at the appropriate offices of the emergency service providers listed below for the purpose of describing what actions shall be taken in the event of unintentional release and/or exposure. The plan shall provide, at a minimum, communications protocol, including emergency responder notification. Copies shall be provided to the following service providers: sheriff’s department, fire department(s), local hospital(s), and emergency medical services (EMS).
u.
Compliance with State and Federal Requirements. The operator shall assure through appropriate sampling, testing and controls as required by applicable permits and regulations that all conditions in state and federal permits are met. The operator shall report to Grand County Community Development within 48 hours of discovery any exceedance of the pertinent state and federal limits (as defined by EPA) for radionuclide or heavy metal content.
2.
Commercial Evaporation Pond Facilities. In addition to complying with the general requirements of subsection G.1 of this section, commercial evaporation pond facilities for production and/or formation disposal water shall comply with the following:
a.
Control of Air Emissions. Facilities that do not meet the “de minimis” air quality standards, as defined by the Utah Department of Environmental Quality (Division of Air Quality), shall be required to install and operate emission control technology as specified in all applicable permits and orders issued by the State of Utah.
b.
Location. Disposal facilities shall only be considered on sites identified on the attached map entitled “Evaporation Pond Facilities Overlay Map.” In addition, the following shall apply:
(1)
Sites shall be a minimum of 40 acres in size;
(2)
No site shall be located within a mile of an existing residence, RR, SLR, LLR, or MFR zone district, irrigated farm land, or national or state park;
(3)
No site shall be located within one-half mile of a perennial or intermittent stream, as identified by USGS, surface waters, or regulatory wetlands;
(4)
No site shall be located within a sole source aquifer designated area;
(5)
No site shall be located within sight of scenic by-way Highway 128;
(6)
All ponds shall be located a minimum of 500 feet from the down gradient property line to allow additional monitoring wells to be placed on the site if deemed necessary by the Community Development Department; and
(7)
Site soil and subsurface permeability shall be less than 1 x 10-5 centimeters per second, to a depth sufficient to span a 10-year saturation period.
c.
Baseline Data. The applicant shall collect and submit baseline data to be approved by the Community Development Department prior to the issuance of a zoning development permit and/or building permit. Baseline air and water quality sampling plans shall be completed by an independent and state certified lab and, at a minimum, include:
(1)
Depth to groundwater,
(2)
Groundwater flow rates,
(3)
Direction of flow,
(4)
Soil and subsurface permeability to a sampling depth sufficient to span a 10-year saturation period,
(5)
Wind patterns reflecting diurnal and seasonal changes,
(6)
Location of abandoned and/or active wells and surface water within a one-half mile radius of the proposed site,
(7)
Air quality sampling for sulfur containing compounds, volatile organic compounds (VOCs), and hazardous air pollutants,
(8)
Water quality sampling for sulfur containing compounds, VOCs, total extractable petroleum hydrocarbons, pH, conductivity, total dissolved solids (TDS), total suspended solids (TSS), radionuclides and heavy metals.
d.
Operation and Safety.
(1)
Any measurable or visible layer of hydrocarbons that accumulates on the surface of an unnetted evaporation pond shall be removed daily, weather permitting.
(2)
Spray evaporation systems shall be operated such that all spray-borne suspended or dissolved solids remain within the perimeter of a pond’s lined area.
(3)
Smoking shall be allowed in designated areas only and appropriate signs shall be maintained.
(4)
Signs providing emergency contact information, stating nonpotable water, and warning of potential drowning hazards shall be posted adjacent to all ponds.
(5)
Ropes, ladders, and/or other means of escape shall be provided along the perimeter of the ponds to allow a person to climb out of a pond in the event of an accident.
(6)
Ponds permitted for formation water shall have separate receiving and distribution systems and shall not be used for produced water from oil and gas production.
(7)
Pits or ponds intended to have hydrocarbon products on the surface shall be netted to prevent wildlife access. Netting structures shall be constructed so that the netting is prevented from sagging into the pit fluids and perimeter netting shall extend to the ground to prevent wildlife entry. Netting shall be monitored by the on-site operator to ensure proper working order. Hydrocarbon accumulation on the surface of any netted pond shall be removed at least once each month, weather permitting.
(8)
A wildlife deterrent device, such as a “hazing canon,” shall be placed on site at strategic locations to keep wildlife away from open ponds.
(9)
All ponds shall have a two-foot minimum freeboard.
(10)
The applicant shall provide calculations demonstrating adequate on-site pond volume for emergency emptying of any pond. Facilities shall provide a written emergency repair plan that clearly indicates the procedure for emptying a pond.
(11)
The applicant shall provide for prevention of loss of any production water or formation water from the ponds via wave action.
(12)
All holding tanks for materials associated with operations shall be constructed completely above ground and within a curbed or bermed containment area to provide a volume equal to 1.5 times the largest tank volume. No open top tanks shall be permitted.
(13)
Ponds shall be double lined in accordance with state regulations. Additionally, the top liner shall be synthetic and a minimum of 60 mils thick.
(14)
If a pond specific leak is detected, the water level in that pond shall be lowered immediately below the level of the leak and the source of the leak repaired.
(15)
If contaminants are found to exceed permissible levels in perimeter monitoring wells or allowed volumes in any area of the facility are exceeded, the facility shall cease accepting new waste immediately and direct customers to another regional/state approved facility. The Community Development Department shall be notified within one working day of the occurrence and the cause shall be corrected to the satisfaction of the Community Development Department and applicable state agencies prior to resuming operations.
e.
Ongoing Monitoring. The applicant shall conduct air and water monitoring as required by all applicable state of Utah permits and orders. Monitoring shall include testing for the presence and level of radionuclides.
3.
Commercial Injection Wells. In addition to complying with the general requirements of subsection G.1 of this section, commercial injection wells for production water or formation water disposal shall comply with the following:
a.
Location. Commercial injection wells shall not be permitted within the boundaries of the Valley Aquifer impact zone as defined in Section 7.10.3 (Valley Aquifer Impact Zone map) or within any sole source aquifer zone. Injection wells shall be located to ensure that underground sources of drinking water (USDWs) and surface waters are not being endangered.
b.
Underground Injection Control Permit. The applicant shall submit copies of underground injection control (UIC) permit application materials in order that the County may participate through written comment in the Utah Division of Oil, Gas, and Mining (UDOGM) permitting process.
c.
Operation and Safety. Injection wells shall be completed, equipped, operated, and maintained in a manner that will prevent pollution and damage to any underground source of drinking water (USDW), or other resources and will confine injected fluids to the target injection zone approved by UDOGM.
d.
Monitoring. A sampling port shall be provided post-treatment, prior to injection. The applicant shall provide continuous read total dissolved solids (TDS) monitoring during pumping operations in 15 minute minimum intervals (with digital record copies of output) for each well in conjunction with daily manual water samples for purposes of comparison. The applicant shall submit quarterly reports providing TDS raw data and averages for each well displayed in a graphic format with a text summary. Access to the sampling port and the entire facility shall be provided to all regulatory agencies without prior notification.
e.
Injection Well Disposal of Formation Water. Only permitted Class I injection wells may be used for disposal of formation water, and only with prior approval by Division of Oil, Gas and Mining. Class I injection wells may not be used for production water. A copy of such approval shall be provided to Grand County prior to beginning commercial disposal of formation water in the injection well.
f.
Injection Well Disposal of Production Water. Only permitted Class II injection wells may be used for disposal of production water, and only with prior approval by Division of Oil, Gas and Mining. Class II injection wells may not be used for formation water. A copy of such approval shall be provided to Grand County prior to beginning commercial disposal of formation water in the injection well.
H.
Public Land Fill. Waste materials management facilities and public land fills shall comply with the standards of the latest Grand County Waste Materials Management ordinance.
I.
RV and Boat Storage. All RV and Boat Storage shall be fully screened from view off site by an 8-foot sight obscuring fence.
J.
Self-Storage Facility. Self-service storage facilities shall comply with the following standards.
1.
All structures, including any rental office, must be set back a minimum of 25 feet from the rights-of-way or the district minimum setback, whichever is greater.
2.
Where such sites abut residentially zoned properties, buildings adjacent to the perimeter must face inward with their doors away from such areas.
3.
To ensure ease of access for emergency vehicles, no building shall exceed 300 feet in length. Spaces between ends of buildings shall be at least 30 feet.
4.
Use of the facility and its individual storage units shall be limited to storage purposes only.
5.
Electrical service to any individual storage unit shall be limited to a single 20-amp circuit, with no more than one duplex outlet providing single-phase electrical service of no more than 120 volts.
6.
Each individual unit shall be directly accessible from an apron that is improved to the same standards generally required for off-street parking areas, and the apron shall include an extension to the pavement on an adjoining street.
K.
Junk Yard, Salvage or Auto Salvage Yard. Junk yards, salvage or auto salvage yards shall comply with the standards of this section:
1.
A wrecking or auto salvage yards shall be enclosed in a building or within an enclosure surrounded by a sight obscuring fence or wall not less than 8 feet in height, or by raised or mounded landscaping or sight obscuring landscaping or any combination of landscaping, mounding or fencing to effectively screen stored materials.
2.
No material or merchandise shall be stored to a height of more than the height of the effective screening.
L.
Manufacturing, Hazardous/Objectionable.
1.
Lot Design Standards:
a.
Minimum Lot Area: 2 acres
b.
Minimum Setbacks (all sides): 200 feet
c.
The above setback may be reduced, up to 75 percent, where Planning Commission finds adequate screening is provided. In such instances, the applicant shall provide supporting materials demonstrating unique topographical considerations such as a physical buffer and that the emission of noise, heat, glare, smoke and particulate matter, vibration, and/or odor will not be discernible at or beyond the property line as approved by Planning Commission.
2.
The site shall have frontage on and access to an arterial street, provided that the authority with jurisdiction over the subject road may approve alternative access.
3.
Applications shall be referred to such local and state referral agencies and persons as the Planning Commission deems appropriate.
4.
The applicant shall demonstrate water and power supply, sewage disposal, and fire protection that is sufficient in terms of quality, quantity, and dependability for the proposed use.
5.
Building and Site Design Standards.
a.
Uses shall occur within a completely enclosed building with the exception of self contained storage tanks and loading and unloading operations. No open tanks shall be permitted.
b.
Utilize non-reflective siding materials on all structures.
d.
Outdoor storage areas shall be screened from the street.
e.
The owner is responsible for site safety and security, including perimeter fencing.
6.
Dust.
a.
All internal roads shall be maintained in a dust-free condition. The access drive from the site shall be paved with a surface of asphalt or concrete for a distance of at least 100 feet from the rights-of-way of the public road or as otherwise approved by the authority with jurisdiction over the subject road from which access is taken. Provisions shall also be made to remove dust, dirt, mud or other debris from the vehicles before they leave the site.
b.
Provisions shall be made for the on-site reduction and containment of dust and other particulate matter.
7.
The applicant shall post sufficient security based on a cost estimate to be prepared by a licensed engineer and approved by the County Engineer. The cost estimate shall include all costs associated with facility closure and site remediation. The method of security shall be approved by the County Clerk, County Attorney, and County Commission prior to the issuance of a Conditional Use Permit. Such estimates may account for the value of bonds held by the State of Utah for a particular facility.
9.
Warehousing and/or disposal of material not used in the process of which the site is approved are prohibited. Excluding the warehousing of raw materials used for the on-site manufacturing process.
10.
Applicant shall provide an emergency response plan to include material safety data sheets, to be maintained on site.
11.
The County may impose any further reasonable conditions necessary to protect the health, safety, or welfare of the public.
M.
Manufacturing and Production. Manufacturing and production shall comply with the following standards.
1.
No vibration shall be produced which is transmitted through the ground (and is discernible without the aid of instruments) at or beyond the lot line.
2.
All noise shall be muffled so as to not be objectionable due to intermittence, beat frequency or shrillness.
3.
Visible emissions of air pollutants of any kind at ground level, past the lot line of the lot on which the source of emissions is located, are prohibited.
4.
No person shall cause or permit any materials to be handled, transported or stored in such a manner which allows or may allow particulate matter to become airborne.
5.
No direct glare from high temperature processes such as combustion or welding, which is visible at the lot line, shall be permitted.
6.
There shall be no emission or transmission of heat or heated air so as to be discernible from the lot line.
7.
Any condition or operation which results in the creation of odors of such intensity or character as to unreasonably interfere with the comfort of the public shall be removed, stopped or modified so as to remove the odor.
N.
Rail Facilities, including shops and rail yards. A site plan prepared in accordance with the requirements of Article 6 and Section 9.17 of the Grand County Land Use Code shall be approved and filed with the findings of fact as part of the approval. A rail facility shall comply with the following standards prior to Grand County Planning Commission approval.
1.
Applicants shall secure all necessary railroad approvals, including Union Pacific rail access approvals based on a conceptual track plan that meets the agency guidelines and includes the requirements of the use specific standard for Rail Facilities, including shops and rail yards.
2.
Dimensional Standards for Rail Facilities, including shops and rail yards;
a.
Minimum lot size shall be 20 acres;
b.
Maximum height of structures shall be 35 feet. If the applicant can provide grounds for need of additional height, (i.e. silo heights) the Planning Commission may negotiate height limits.
Dimensional Standards for Train Passenger Terminal |
a. | Minimum lot size shall be 5 acres; |
b. | Maximum height of primary structures shall be 35 feet. |
3.
A project boundary buffer shall be identified on the site plan in compliance with the following requirements;
4.
There is adequate off street parking and circulation areas and direct access to the property and rail line from a major roadway where heavy equipment or truck traffic will not travel through established residential neighborhoods.
5.
Public services to the property can be provided at adequate levels to serve the demands of the rail facility without negatively impacting the level of service to adjoining uses.
6.
The property does not contain sensitive lands that cannot be mitigated if negatively impacted by the railroad industrial use. If the property contains sensitive land that may be negatively impacted by the railroad use, the Grand County Planning Commission may impose reasonable conditions to mitigate these impacts prior to approval.
7.
Additional proposed uses including, but not limited to storage, distribution, warehouse and waste related services, require separate review and permit in accordance with the Specific Use and Use-Specific Standards as outlined in Article 3, Use Regulation.
8.
The applicant shall provide a traffic study demonstrating the existence of adequate roads and bridges. The applicant shall be responsible for the cost of traffic studies to establish an analysis of the traffic mix, performed by a Utah-licensed engineer.
9.
All dust and noise impacts of the use shall be reviewed and evaluated with the conditional use application and shall be in compliance with Union Pacific or other applicable railroad agency, county, state and federal regulations.
10.
Any associated staging or storage area for the use shall be identified and shall be buffered or screened from all public roadways or uses to the extent practical and reasonable if not provided on the Union Pacific or other agency conceptual track plan.
11.
Railroad crossings shall be kept to a minimum and are subject to approval by the County and rail agency with consideration given for safety and maintenance.
12.
A site plan including architectural drawings and an operational management plan shall be required in order to fully address potential impacts to neighboring uses or the community at large.
13.
The County Sherriff and Emergency Manager shall review and approve an on-site security plan.
14.
The offloading, on-loading and storage of radioactive material is prohibited.
15.
A reclamation plan, approved by the County, shall be required sufficient to ensure restoration of the site to a reasonable state should the use cease in the future for any reason.
16.
The applicant shall be financially capable of construction, operation, and properly closing the site, including reclamation and any required post-closure monitoring to the satisfaction of the County. Final reclamation shall be accomplished within one year of the cessation of operations. Applicant shall post sufficient security based on a cost estimate to be prepared by a licensed engineer and approve by the County Engineer. The cost estimate shall include all costs associated with facility closure and site remediation. The method of security shall be approved by the County Clerk, County Attorney, and County Commission prior to the issuance of a permit.
O.
Waste Material Management. All waste material management uses shall comply with the following requirements.
1.
General Requirements. All waste materials management facilities and uses shall comply with the following requirements:
a.
Site plan. A site plan shall be provided in accordance with the requirements of Section 9.17, Site Plan Review.
b.
Transportation Plan. Transportation routes selected shall utilize roads and/or highways within Grand County with sufficient capacity, as determined by Grand County as a part of the review process, and shall not result in a significant reduction or degradation in the service level of such roads or highways. Where the service level of affected roads and highways is unknown, the applicant shall be responsible for the cost of traffic engineer studies performed by a Utah-licensed engineer to establish such service levels. “Significant” means a change of 10 percent or more of the traffic on such road and/or highway. Route selection to and from such sites and facilities shall consider the following factors:
(1)
Methods by which waste materials will be transported to and from such sites;
(2)
Road types, and design and service capacity (including future maintenance needs and costs) of such roads and/or highways;
(3)
Extent to which weather renders such roads and/or highways hazardous;
(4)
Accident rates, to determine if proposed transportation routes are more or less hazardous than the average for similar type roads and/or highways. It is the applicant’s duty to mitigate any increased possible risk to such roads and/or highways, the traveling public, and any increased future maintenance and repairs costs to Grand County or the State of Utah;
(5)
Number and proximity of residential, school and hospital structures, and pedestrian ways, along proposed routes;
(6)
Safety, noise and traffic disruption;
(7)
Number and frequency of intersections per linear mile, or other measure as determined by Grand County during the application process, between the entrance of a facility and the nearest federal, state or county highway or road;
(8)
Where roads are inadequate, as determined by Grand County, to support or absorb the additional proposed traffic, road and/or highway improvements shall be provided at the applicant’s expense, consistent with County standards, if available, and/or satisfactory to the County Engineer based on national or State standards; the County Engineer may rely on standards adopted by the Utah Department of Transportation.
c.
Need. Need for the facility or use shall be demonstrated by evidence that the proposed activity has a proven market or serves a public need, as determined by the County Commission, including information on the source, quantity and price of potential waste materials, if applicable, and a review of other existing and proposed facilities that could compete for the waste materials and activity.
d.
Reclamation Plan. A detailed reclamation plan detailing the plans for reclaiming disturbed sites at the end of its use that will result in restoration of such sites to a condition that is as natural as practicable, or to their original or other substantially beneficial condition consistent with local plans, as determined by the County Commission in its reasonable discretion
e.
Financial Capability. Each applicant shall be financially capable of constructing, operating and properly closing each site, use and/or affected land, including proper post closing and/or demobilization, and reclamation to the satisfaction of the County. Each applicant that is not a government shall post sufficient security, as deemed reasonably necessary by the County Commission, to guarantee that the final reclamation shall be accomplished within one year of the cessation of the permitted activity/facility and/or use. A surety bond approved by the County Attorney may be acceptable.
f.
Technical review. In the event that County staff does not have the technical expertise or the practical ability to devote the necessary time and effort, as determined by the County Commission the County may engage such additional expertise and/or consultants to assist the County and/or to provide technical review in reviewing an application under this Section 3.2.4O, including assessing the accuracy of technical reports and studies. The applicant shall reimburse the County for the cost of such assistance prior to approval of applicable County permits and before commencement of the activity. The County may require that the applicant provide cash or equivalent security to guarantee that the costs of such consultants and expertise is borne by the applicant, especially where the permit is not granted, or is granted with conditions to which the applicant objects.
g.
Referral Agency. Applications for such uses shall be referred to such agencies and persons as the County Commission deems appropriate, including the Board of the Grand County Solid Waste Management Special Service District, No. 1 (Solid Waste District), for review and comment.
2.
Waste Recycling Facilities. In addition to complying with the general requirements of Section 3.2.4O.1, waste recycling uses and/or facilities accepting waste from off the permitted site, including any part of the waste stream entering a recycling facility and subsequently returned to a waste stream or otherwise disposed of, shall comply with the following standards:
a.
If a waste container or portion of a facility permitted hereunder, as defined in this LUC, holding waste at a recycling facility is reasonably likely to leak or spill, based on applicable industry standards and/or applicable federal or state law, or begins to leak or spill, the owner/operator must immediately transfer the waste from that container or facility to a container or facility that is in good condition or the permittee shall manage the waste as a waste spill.
b.
Any recycling facility storing materials outdoors for the purpose of recycling shall: be considered to be disposing of waste; secure a waste facility permit from the State of Utah; and, be subject to all requirements of Section 3.2.4O.5, below.
c.
Exception The provisions of this subsection do not apply to household waste or to individual recycling containers used for collecting such materials.
3.
Waste Transport and Transporters. In addition to complying with the general requirements of Section 3.2.4O.1, waste transport and transporters shall comply with the following standards:
a.
Hazardous Waste. Transporters of waste as defined herein shall comply with 40 CFR Part 262 and applicable requirements of the state of Utah.
b.
Special Requirements for Waste Spills and Discharges. In the event of a discharge, release or spill of waste during transportation, the waste transporter shall: take appropriate immediate action to protect human health and the environment, including but not limited to, notifying the Grand Commission Administrator and Solid Waste District; contain the discharge, release or spill; devise and implement a cleanup plan; and provide such cleanup plan to the Administration and the Solid Waste District.
c.
Exception. The requirements of this Section 3.2.4O shall not apply to lawfully permitted waste transporters who are only passing through Grand County on railroads and/or on state, federal or County roads and/or highways and who are not engaged in any waste activity in Grand County other than such passage; such “through traffic only” is exempt from the provisions of this subsection O.
d.
Responsibility for Waste. Each applicant, upon acceptance of a permit under this Section 3.2.4O, agrees to indemnify and hold harmless Grand County (and Grand County’s elected officials, officers, employees, agents and consultants; collectively “Grand County”) regarding any claims, whether frivolous or not, stated in any court or administrative proceeding relating to any spill, release, improper handling, improper disposal of any hazardous or other regulated substance or waste, to the extent not prohibited by law. Further, each applicant agrees to release Grand County from any liability associated with or claimed to be related to the adoption or enforcement of this Section 3.2.4N, including but not limited to any failure of Grand County to enforce any regulation hereunder. Each applicant, by acceptance of any permit hereunder irrevocably acknowledges that it is responsible and liable, and Grand County is not, for all damages and injury to person and/or property related to its waste, its activities and for its failure to abide by any and all state, local and/or federal laws and regulations; and each applicant by acceptance of any permit from Grand County, whether or not such applicant agrees that such permit is proper or lawful, releases Grand County regarding any liability or responsibility relating to the applicant’s activities and/or waste.
4.
Waste Transfer Stations. In addition to complying with the general requirements of Section 3.2.4O.1, Waste Transfer Stations shall demonstrate compliance with all applicable Federal and State waste and waste management laws and regulations, including but not limited to: UAC 315-313 "Transfer Stations and Drop Box Facilities" of the Solid Waste Permitting and Management Rules.
5.
Waste Storage, Treatment and Disposal. Waste treatment, storage and/or disposal facilities or uses (TSD), including all contiguous land in the same ownership and including structures, appurtenances and improvements on the land used for treating, storing and/or disposing of waste, shall comply with the following requirements. The “same ownership” means the contiguous land and/or facilities are owned or controlled by persons and/or entities with 50 percent or more ownership and/or control of the land in question.
a.
Federal and State Laws and Regulations. Such uses shall demonstrate compliance with all applicable Federal and State waste and waste management laws and regulations, including but not limited to:
(1)
National Environmental Policy Act (NEPA) review, or the Federal Land Management Policy Act (FLMPA);
(2)
Utah Department of Health Resource Conservation and Recovery Act (RCRA) and the analogous federal RCRA, review;
(3)
Utah Administrative Code (UAC) R315-301 through 320 Solid Waste Permitting and Management Rules;
(4)
Federal toxic Substance Control Act (TSCA);
(5)
Comprehensive Environmental Response Compensation and Liability Act (CER-CLA) and the SARA amendments thereto;
(6)
Low Level Radioactive Waste Policy Act (P.L. 96-573);
(7)
Federal legislation and regulations applicable to mill tailings;
(8)
Wastes classified as "hazardous wastes" under either Section 26-14-2(6) of the Utah Solid and Hazardous Waste Act or federal laws and regulations; and
(9)
The federal Clean Water Act.
(10)
The laws and regulations referred to in the definition of “waste.”
b.
Location. Sites selection for such facilities and uses shall consider the following guidelines:
(1)
Regulatory wetlands, aquifer recharge zones and 100-year floodplains shall be avoided.
(2)
Impacts on the protected waters of the State and/or the United States, pursuant to the Clean Water Act or otherwise, and specifically:
i.
Distance from waters of the State and the United States so that an unintentional release or discharge of waste will not contaminate such waters;
ii.
Hydrological characteristics of the site and surrounding land, i.e., soil type, groundwater table (aquifers), geology, topography, etc.;
iii.
Quantity, quality, and direction of flow of groundwater;
iv.
Proximity to and withdrawal rates from nearby wells as determined through consultation with public water suppliers and State Engineer’s office;
v.
Availability of alternative water supplies; and
vi.
Type and permeability of soils and depth to bedrock.
(3)
Exceptions to the provisions of the preceding Location, may be granted by Grand County on a case-by-case basis, based on the evidence presented by the applicant; if the evidence is technical or voluminous, or if the County staff does not have the time or resources to fully evaluate the request, the applicant shall pay for the County’s costs incurred in obtaining such third-party expertise as the County reasonably deems necessary. Such exceptions may be approved based on a consideration of the following:
i.
Protection of public health and the environment;
ii.
Type of waste activity, i.e., transportation, treatment, storage or disposal;
iii.
Types and volumes of wastes to be managed, and the risks to persons and/or property, as determined by the County; and
iv.
Other information that may be submitted to or required by the County.
(4)
Such facilities and uses shall be located to avoid agricultural lands that are available for crop production.
(5)
The location of such facilities and uses shall comply with state and federal wildlife regulations.
(6)
Historical significance of the location and aesthetics, including visual and noise level aspects, shall be considered. Areas which the County determines to have County, state, regional or national significance due to their recreational, historical, educational, or aesthetic value or importance as a natural resource or value to the economy shall be avoided.
(7)
Such facilities and uses shall not be established, constructed or operated on an active geologic fault line or within a recognized zone of deformation along such fault.
(8)
The economic and environmental impact of the proposed facilities and uses upon local governments and the public shall be considered.
(9)
Compatibility with existing and proposed land uses that are or will be adjacent to, in the general area, as determined by the County, of the site or that reasonably could be affected by such facilities and/or uses. Waste facilities and uses shall not be located closer than one (1) mile from any dwelling or residential subdivision/development.
P.
Wholesale Trade and Contractor Services A site plan prepared in accordance with the requirements of Section 9.17 shall be approved and filed with the findings of fact as part of the approval. Wholesale Trade and Contractor Services shall comply with the following standards:
2.
All parking areas shall be hard-surfaced and dust-free.
3.
Improvements shall be designed and constructed in a manner that audibly insulates and eliminates any emission of odor offensive to persons owning, occupying or patronizing properties adjacent to the use. The operational performance standards of Section 6.12 shall apply to all operations.
4.
A permanent screening fence not less than 8 feet in height shall be provided along any property line which abuts a residential district. Planning Commission may waive this requirement if another site-specific method (such as mounded landscaping, utilization of existing topography, or any combination of landscaping, berming, and fencing) is deemed effective.
(Ord. 542, 2016)
A.
Animal Raising The keeping of domestic, agricultural animals and livestock shall be considered a permitted use, provided that no more than 4 animal units (as defined in Article 10) per acre shall be allowed on parcels with more than one-half acre and less than 5 acres. These standards shall not be applicable to parcels larger than 5 acres.
B.
Apiculture.
1.
The keeping of honey bees shall be considered a permitted use in accordance with Sections 3.2.5(B)(2) and 3.2.5(B)(3).
2.
Migratory beekeeping operations of any size, south of Interstate-70, either permanent or temporary, will be prohibited.
3.
No parcel of land, South of Interstate-70, shall have in excess of 25 established bee colonies at any given time.
C.
Barn, Stable, Coop, Animal Shed. Barns, stable, coops, animal sheds or similar structures shall comply with the following standards:
A.
Accessory Uses and Structures. Principal uses classified as permitted uses by the use regulations of Article 3 shall be deemed to include accessory uses and activities that are customarily associated with and appropriate, incidental and subordinate to otherwise allowed principal uses. Accessory uses shall be allowed as follows:
1.
Residential Accessory Uses. Residential accessory uses shall include but not be limited to the following accessory uses, activities and structures:
b.
Fences and walls;
c.
Garages, carports, driveways and off-street parking areas;
d.
Gates and guardhouses;
f.
Playhouses, patios, cabanas, porches, gazebos and incidental household storage buildings;
g.
Radio and television receiving antennas and support structures;
h.
Recreational facilities for the use of residents;
i.
Keeping of domestic animals for noncommercial purposes, subject to the standards of 3.2.5A, Agricultural Animals;
j.
Solar energy systems; and
k.
Other necessary and customary uses determined by the Zoning Administrator to be appropriate, incidental and subordinate to the principal use on the lot.
2.
Retail, Commercial and Office Accessory Uses. Retail, commercial and office accessory uses shall include but not be limited to the following accessory uses, activities and structures:
a.
Dwelling units for security or maintenance personnel;
b.
Fences, walls, gates and guardhouses;
c.
Parking garages, driveways and off-street parking areas;
d.
Radio and television receiving antennas and support structures;
f.
Solar energy systems; and
g.
Other necessary and customary uses determined by the Zoning Administrator to be appropriate, incidental and subordinate to the principal use on the lot.
A.
Accessory Uses and Structures, General. Accessory Dwelling Units shall comply with the standards outlined in Section 3.3.2B. All other accessory uses and structures shall comply with the following general standards:
1.
Such uses shall be located on the same lot or tract as the associated principal use.
2.
Accessory uses and activities shall be subject to the same regulations as principal uses unless otherwise stated. In no event shall an accessory use be construed to authorize a use not otherwise permitted in the zone district in which the principal use is located.
3.
No accessory use or structure shall be established prior to the principal use or structure to which it is accessory.
4.
The minimum front yard setback shall be the same as for the principal structure in the underlying zone district.
5.
The minimum side and rear yard setbacks for accessory structures shall be 10 feet or that of the underlying zone district, whichever is less.
6.
Accessory uses and structures shall be subject to the dimensional standards outlined in Section 5.4.2.F
B.
Accessory Dwelling Unit (ADU). The purpose of this section is to encourage accessory dwelling units (ADUs) as an affordable housing opportunity while protecting the neighborhood character and quality of life in residential zone districts. ADUs shall comply with the following standards:
1.
Area, Setback, and Size Restrictions.
a.
An ADU may be permitted as an accessory use to an otherwise allowed residential dwelling unit that is the principal use on a lot or parcel of at least 5,000 square feet. Only one accessory dwelling unit shall be permitted per lot/parcel of record.
b.
ADUs shall meet setback and building height requirements applicable to the principal structure in the underlying zone district.
c.
The maximum square footage of the ADU shall not exceed 1,000 square feet.
2.
Site Plan and Design Requirements.
a.
A site plan shall be required prior to issuance of a building permit. The site plan shall be drawn to scale and clearly show the location and dimensions of existing and proposed structures (including such items as building elevation, color, and materials), setbacks, parking, easements, and driveways.
b.
An ADU shall be a permanent structure that meets the currently adopted standards of the International Residential Code (IRC). No travel trailer, boat, or similar recreational vehicle shall be used as an accessory dwelling unit.
c.
ADUs shall be designed to preserve or complement the architectural design, style, and appearance of the primary single-family dwelling unit. Specifically, whether attached or detached, the roof pitch, siding materials, color, and window treatment of the ADU shall be the same as, similar to, or an improvement to, the appearance of the primary dwelling unit.
d.
If a separate external entrance for the ADU is necessary it shall be screened from view of the street, and where possible, shall be located on the internal side or rear of the structure.
3.
Occupancy Requirements.
a.
ADUs shall not be condominiumized or sold separately.
b.
Where an ADU exists, neither the primary nor the secondary dwelling unit shall be occupied for periods of less than 30 consecutive days. A restricted use covenant shall be signed and recorded by the owner prior to issuance of a building permit for the accessory dwelling unit.
C.
Caretaker or Guard Residence, Accessory. A caretaker or guard residence shall be permitted for each nonresidential use.
D.
Employee Housing, Accessory. Accessory employee housing shall comply with the following standards:
1.
Such housing shall be accessory to otherwise allowed nonresidential, principal uses.
2.
Accessory employee housing shall be restricted in accordance with the requirements of Section 6.14.
3.
Use of the employee housing by persons who are not so employed or for short-term accommodations shall be expressly prohibited.
4.
Such housing shall not be sold separately.
5.
Each employee housing unit shall be limited to 1,200 square feet in area.
Additionally
Accessory employee housing may be accomplished with the addition of up to five RV sites, to the otherwise allowed nonresidential principal use, and shall comply with the following standards:
1.
The use and occupancy of the RV sites is hereby limited exclusively to such employees who are employed by principal commercial use of the parcel; and
2.
Structures are limited to RVs, travel trailers, truck campers, small cabins (traditional KOA-style), or like structures intended for seasonal, on-site accommodations;
3.
All structures shall, at a minimum, meet the ANSI and NAFPA minimum standards;
4.
No on-site tent camping or yurts will be allowed;
5.
Each RV/travel trailer space shall be at least 800 square feet;
6.
Parking shall be provided adjacent to the RV/travel trailer site or available on the commercial lot as extraordinary parking, pursuant to the parking requirements of this LUC; and
7.
Each space shall be served by public water and sewer; or
8.
The site shall have a public water and sewer facility (e.g., shower house).
E.
Food Processing, Small Scale. Small scale food processing may be approved as Conditional Use pursuant to the requirements of Section 9.11. Such uses shall comply with all requirements for Home Business, below.
F.
Home Business. Home business may be approved as Conditional Use pursuant to the requirements of Section 9.11. Such uses shall comply with all requirements for Home Occupations, below, provided that home businesses may employ up to three persons (rather than only one) who do not occupy the subject property as their residence. Each home business shall have a current Grand County business license.
G.
Home Occupation. The following home occupation standards are intended to permit residents to engage in home occupations that are compatible with residential land uses and to ensure that home occupations do not adversely affect the integrity of residential areas. A home occupation shall be considered an accessory use to residential uses, subject to the following standards:
1.
No persons shall be engaged in a home occupation other than persons occupying the subject property as their residence; provided, however that up to a maximum of one (1) person who does not occupy the property as their residence may be employed as part of the home occupation where one (1) additional off-street parking space is provided, in addition to off-street parking otherwise required pursuant to Section 6.1, Off-street Parking.
3.
There shall be no visible storage of equipment, materials or vehicles with more than 2 axles.
4.
The home occupation shall be conducted entirely within the principal residential building or within a permitted accessory structure; and
5.
No equipment shall be used that creates undue noise, vibration, electrical interference, smoke or particulate matter emission, excessive power demands or odors beyond the property boundaries of the residential lot. Home occupations shall comply with Section 6.12, Operational performance standards.
(Ord. 543, 2016; Ord. 547, 2016)
Uses identified in a particular district column with a "T" shall be permitted in such district only upon approval of a temporary use permit in accordance with the procedures and standards of Section 9.16, Temporary Use Permits.
A.
Asphalt or Concrete Batch Plant, Temporary. Temporary asphalt or concrete batching plants (temporary) may be approved by the Zoning Administrator subject to the following standards.
1.
The batch plant shall not be located within 600 feet of a residence.
2.
Hours of operation shall be limited to Monday through Friday, 7AM to 7PM.
3.
The batch plant permit shall be valid for a maximum 6 month period, unless an extension is approved by the Zoning Administrator for a second 6 month period [maximum of one (1) year].
4.
No portion of the batch plant or its operation shall be located on a public or private street.
5.
The batch plant shall only furnish concrete, asphalt, or both, to the specific project for which the temporary Certificate of Occupancy is issued. The placement of a temporary batching plant for a private project is restricted to the site of the project.
6.
The temporary plant shall be operated in a manner that eliminates unnecessary dust, noise and odor (as illustrated by, but not limited to, covering trucks, hoppers, chutes, loading and unloading devices and mixing operations, and maintaining driveways and parking areas free of dust).
7.
The site must be clear of all equipment, material and debris upon completion of the project.
8.
All public improvements that are damaged during the operation of the temporary batching plant must be repaired or replaced within 30 calendar days of completion of the project.
9.
A reclamation bond shall be required sufficient to ensure restoration of the site to original or other substantially beneficial condition consistent with local plans.
10.
At termination and/or removal of plant permit, permittee shall have the person responsible walk the site with the Zoning Administrator to verify compliance with County standards.
B.
Field office, Temporary. A temporary field office permit may be approved by the Zoning Administrator for a structure or shelter used in connection with an approved development or building project on the site of temporary administrative and supervisory function for sheltering employees and equipment during the construction phase of a project. Such a structure or shelter shall be promptly removed following the approval of a Certificate of Occupancy.
C.
Sales office, Temporary. A temporary sales office may be approved by the Zoning Administrator, subject to the following conditions:
A.
Basis for Classification. Use categories classify land uses and activities based on similar functional, product, or physical characteristics. Characteristics include the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, likely impact on surrounding properties, and site conditions. The use categories provide a systematic basis for assigning land uses to appropriate zoning districts.
B.
Principal Use Characteristics. A principal use is assigned to the use category that most closely corresponds to its nature as described in the “Characteristics” subsection of each use category.
C.
Considerations Regarding Principal Uses.
1.
Determination of the appropriate category for a proposed principal use shall be made by the Zoning Administrator in accordance with the provisions of 2 below.
2.
The following shall be used to determine (1) the appropriate category for a use not specifically listed in the use table or the examples in the use category descriptions, and (2) whether a use is considered principal or accessory:
a.
The actual or projected characteristics of the activity in relationship to the stated characteristics of each use category;
b.
The relative amount of site area or floor space and equipment devoted to the activity;
c.
Relative amounts of sales from each activity;
d.
The customer type for each activity;
e.
The relative number of employees in each activity;
f.
Hours of operation;
g.
Building and site arrangement;
h.
Vehicles used and their parking requirements;
i.
The relative number of vehicle trips generated;
j.
Required signage;
k.
How the use is advertised;
l.
The likely impact on surrounding properties; and
m.
Whether the activity is likely to be found independent of the other activities on the site.
3.
When considering appropriate districts for a use not listed in the use table, the district purpose statements of the respective districts shall be taken into consideration.
Developments with multiple principal uses shall conform to the following.
A.
When all principal uses of a development fall within one use category, the entire development is assigned to that use category.
B.
When the principal uses of a development fall within different use categories, each principal use is classified in the applicable use category and each use is subject to all applicable regulations for that use category.
C.
Developments with multiple principal uses (such as shopping centers) shall incorporate only those uses allowed in the underlying district.
Accessory uses are allowed by right in conjunction with a principal use unless otherwise stated elsewhere in this LUC. Unless otherwise stated, accessory uses are subject to the same regulations as the principal use. Common accessory uses are listed as examples in the use category descriptions.
The “Examples” subsection of each use category lists uses common to that use category.
A.
The examples provided are not all-inclusive, but describe the types of uses that are common to that category. Those uses that are listed are permitted, however other similar uses may also be permitted upon determination by the Zoning Administrator that they are appropriate for that use category.
B.
The names of these sample uses are generic and are based on common meanings, not on what a specific use may call itself. For example, a use that calls itself “Wholesale Warehouse,” but sells mostly to retail consumers, is included in the Retail Sales and Service category rather than the Wholesale Trade category.
The “Uses Not included” subsection provides cross-references to uses that may appear to be part of a particular category, but which are explicitly handled in a different use category.
The following series of tables describe the characteristics of categories of uses, examples from each category, common accessory uses, and uses that are not part of a given use category. These tables are descriptive, and the examples listed are not all-inclusive. Determination of the appropriate category for a proposed principal use not listed will be made by the Zoning Administrator in accordance with Section 3.4.1C, Considerations Regarding Principal Uses.
A.
Household Living.
Characteristics: Residential occupancy of a dwelling unit by a household on a month-to-month or longer basis. | ||
|---|---|---|
Examples | Accessory Uses | Uses not included |
Single-family dwellings Alley-loaded houses Zero lot line houses Two-family dwellings Townhouses Triplexes Manufactured homes Multifamily dwellings Apartments Row houses Congregate care facilities where individual units meet the definition of a dwelling unit Group homes in single-family structures Other structures with self-contained dwelling units Retirement center apartments Upper-story residential Village residential | Greenhouses and nurseries not engaged in retail trade Hobbies Home occupations Home business In-home care for six or fewer Off-street parking of occupants’ registered vehicles On-site day care for residents of a multi-dwelling structure or use Raising of pets not for sale Recreational activities Storage units Swimming pools | Bed and breakfast establishments, hotels, motels, inns, extended-stay facilities (See Overnight Accommodations) Group homes for the physically disabled, mentally retarded, or emotionally disturbed that are not considered single-family residences (See Group Living) Nursing or convalescent home (See Group Living) Residential assisted living facility not having individual dwelling units (See Group Living) Residential units used for overnight accommodation Small-scale food processing Camping |
B.
Group Living.
Characteristics: Residential occupancy of a structure by a group of people that does not meet the definition of Household Living. Tenancy is usually arranged on a monthly or longer basis. Generally, Group Living structures have a common eating area for residents, and the residents may receive care, training, or treatment. | ||
|---|---|---|
Examples | Accessory Uses | Uses not included |
Dormitories Fraternities and sororities Group homes for the physically disabled, mentally retarded, or emotionally disturbed that are not considered single-family residences (6 or fewer residents) Hospices Lodging houses Monasteries and convents Nursing or convalescent homes Orphanages Residential assisted living facilities not having individual dwelling units | Associated offices Food preparation and dining facilities Off-street parking of vehicles for occupants and staff Recreational facilities | Alternative or post-incarceration facilities (See institutions) Bed and breakfast establishments, hotels, motels, inns, extended-stay facilities (See Overnight Accommodations) Congregate care facilities where individual units meet the definition of a dwelling unit (See Household Living) Group homes for the physically disabled, mentally retarded, or emotionally disturbed that are not considered single-family residences (7 or more residents) (See institutions) Group homes for drug and alcohol treatment (See institutions) Residential occupancy of a dwelling unit by a household on a month-to-month or longer basis (See Household Living) Treatment centers, transient lodging or shelters (See institutions) Camping |
(Ord. 622, 2021)
A.
Community Service.
Characteristics: Uses of a public, nonprofit, or charitable nature providing ongoing education, training, or counseling to the general public on a regular basis, without a residential component. | ||
|---|---|---|
Examples | Accessory Uses | Uses not included |
Community centers Libraries Museums Philanthropic institutions Senior centers Social service facilities Youth club facilities | Associated offices Food preparation and dining facilities Health, arts and crafts, day care, and therapy areas Indoor or outdoor recreation and athletic facilities Limited retail sales Meeting areas Off-street parking | Athletic or health clubs (See Retail Sales and Service) Churches, mosques, synagogues, or temples (See Places of Worship) Counseling in an office setting (See office) Parks (See Parks and Open Areas) Soup kitchen (See institutions) Treatment centers, transient lodging or shelters for the homeless (See institutions) |
B.
Day Care.
Characteristics: Uses providing care, protection, and supervision for more than six children or adults on a regular basis away from their primary residence. Care is typically provided to a given individual for fewer than 18 hours each day, although the facility may be open 24 hours each day. | ||
|---|---|---|
Examples | Accessory Uses | Uses not included |
Adult day-care programs Child care institution Day care center Family home day care (not more than 8 persons) Family day care (more than 8 persons) Group daycare home Intermediate child care Latch-key programs Nursery schools Preschools | Associated offices Food preparation and dining facilities Health, arts and crafts, and therapy areas Indoor or outdoor recreation facilities Off-street parking | Counseling in an office setting (See office) In home day care for 8 persons or fewer (See Accessory Use) On-site schools or facilities operated in connection with a business or other principal use where children are cared for while parents or guardians are occupied on the premises (See Accessory Use) |
C.
Educational Facilities.
Characteristics: Public and private including charter or religious schools at the primary, elementary, middle, junior high, or high school level that provide basic academic education. Also includes colleges and other institutions of higher learning that offer courses of general or specialized study leading to a degree usually in a campus setting. | ||
|---|---|---|
Examples | Accessory Uses | Uses not included |
Boarding schools Community colleges Elementary schools High schools Liberal arts colleges Middle schools Military academies Nursing and medical schools not accessory to a hospital Private schools Seminaries Universities Environmental Education Centers | Adult continuing education programs Associated offices Auditoriums Before-and after-school day care Cafeterias Day care Food services Health facilities Housing for students and faculty Laboratories Libraries Maintenance facilities Meeting areas Off-street parking Play areas Recreational and sports facilities Secondary nonprofit fund raising activities Support commercial (a college-operated bookstore, for example) Theaters | Business, driving, martial arts, trade and other commercial schools (See Retail Sales and Service) Dance, art, or music studios or classes (See Retail Sales and Service) Preschools or nursery schools (See Day Care) Individual Unit Overnight Rental |
D.
Government Facilities.
Characteristics: Offices, storage, maintenance, and other facilities for the operation of local, state, or federal government. | ||
|---|---|---|
Examples | Accessory Uses | Uses not included |
City Hall Court House Detention Centers Emergency medical and ambulance stations Fire stations Government offices Local, state, or Federal offices Municipal office Center Police stations Post offices Recycling Centers | Associated helicopter landing facilities Auditorium and meeting rooms Cafeterias Day care Holding cells Infirmaries Limited fueling facilities Off-street parking Satellite offices Storage | Educational facilities (See Educational Facilities) Maintenance facilities (See Light industrial Service) Parks and recreational facilities (See Parks and Open Areas) Utilities (See Utilities) Waste-Related service (Except Recycling Centers) |
E.
Medical Facilities.
Characteristics: Uses providing medical or surgical care to patients possibly offering overnight care. | ||
|---|---|---|
Examples | Accessory Uses | Uses not included |
Blood plasma donation centers Hospitals Medical and dental clinics Medical centers | Associated helicopter landing facilities Associated offices Cafeterias Chapel or other ancillary worship space Day care Housing for staff or trainees Laboratories Limited support retail Maintenance facilities Meeting areas Off-street parking Out-patient clinics Pharmacies Recreational facilities Teaching facilities Temporary housing for relatives of patients | Exclusive care and treatment for psychiatric, alcohol, or drug problems, where patients are residents (See institutions) Nursing and medical schools not accessory to a hospital (See Educational Facilities) Urgent care or emergency medical offices (See Retail Sales and Service) |
F.
Institutions.
Characteristics: Uses that primarily provide treatment of those with psychiatric, alcohol, or drug problems, and transient housing related to social service programs. | ||
|---|---|---|
Examples | Accessory Uses | Uses not included |
Alternative or post-incarceration facilities Exclusive care and treatment for psychiatric, alcohol, or drug problems, where patients are residents Group homes for the physically disabled, mentally retarded, or emotionally disturbed that are not considered single-family residences (7 or more residents) Group homes for drug and alcohol treatment Soup kitchens Transient lodging or shelters for the homeless Treatment centers | Adult educational facilities Day care Food services and dining areas Meeting rooms Off-street parking Staff residences located on-site Stealth cell antennae Storage | Cemeteries, columbaria, mausoleums, and memorial parks (See Parks and Open Areas) Congregate care facilities where individual units meet the definition of a dwelling unit (See Household Living) Educational Facilities (See Educational Facilities) Group homes for the physically disabled, mentally retarded, or emotionally disturbed that are not considered single-family residences (See Group Living) Philanthropic institutions (See Community Service) Residential assisted living facilities not having individual dwelling units (See Group Living) |
G.
Parks and Open Areas.
Characteristics: Uses focusing on natural areas consisting mostly of vegetation, passive or active outdoor recreation areas, or community gardens, and having few structures. | ||
|---|---|---|
Examples | Accessory Uses | Uses not included |
Botanical gardens Cemeteries Columbaria County clubs Crematoriums Golf courses Mausoleums Memorial parks Nature preserves Parks Plazas Recreational trails Reservoir | Boat docks Boat house Clubhouses Concessions Maintenance facilities Off-street parking Play equipment Single residential unit for caretaker or security purposes Swimming pools Tennis courts | Athletic or health clubs (See Retail Sales and Service) Golf driving ranges and miniature golf facilities (See Entertainment) Membership clubs and lodges (See Entertainment) Water park (See Entertainment) Water towers, tanks, and standpipes (See Utilities) |
H.
Passenger Terminal.
Characteristics: Facilities for the takeoff and landing of airplanes and helicopters, and terminals for taxi, rail or bus service. | ||
|---|---|---|
Examples | Accessory Uses | Uses not included |
Airports Bus passenger terminals Heliports Taxi dispatch center Train passenger terminals | Associated offices Concessions Freight handling areas Fueling facilities Limited retail Maintenance facilities Off-street parking | Private helicopter landing facilities that are accessory to another use (See Medical or Government Facilities) Public transit park-and-ride facilities (See Retail Sales and Service) |
I.
Places of Worship.
Characteristics: Places of assembly that provide meeting areas for religious practice. | ||
|---|---|---|
Examples | Accessory Uses | Uses not included |
Churches Mosques Synagogues Temples | Associated offices Preschools, child care centers, nursery schools, latch-key programs, intermediate child care, or adult day-care programs Food services and dining areas Meeting room/classroom for meetings or classes not held on a daily basis Off-street parking On-site day care, schools or facilities where children are cared for while parents or guardians are occupied on the premises or a site-sponsored special event Staff residences located on-site Stealth cell antennae | Athletic or health clubs (See Retail Sales and Service) Educational Facilities (See Educational Facilities) Senior centers, community centers or social service facilities (See Community Service) Soup kitchen (See institutions) Treatment centers, transient lodging or shelters for the homeless (See institutions) |
J.
Utilities.
Characteristics: Public or private infrastructure serving a limited area with no on-site personnel (Minor Utility) or the general community and possibly having on-site personnel (Major Utility). | ||
|---|---|---|
Examples | Accessory Uses | Uses not included |
Minor Utilities: Stormwater retention and detention facilities Telephone exchanges Water and wastewater pump stations Major Utilities: Cell antennae Cell towers Electrical substations Natural gas pumping station Telecommunication towers and facilities Television and radio broadcasting transmitters Waste treatment plants Water towers, tanks, or standpipes | Control, monitoring, data or transmission equipment Off-street parking Storage | Maintenance yards and buildings (See Light industrial Service) Utility offices (See office) TV and radio studios (See office) Reservoir (See Parks and Open Areas) |
A.
Eating Establishments.
Characteristics: Establishments that prepare and sell food for on-or off-premise consumption. | ||
|---|---|---|
Examples | Accessory Uses | Uses not included |
Drive-ins Fast-food establishments Outdoor vendors with permanent facilities Pizza delivery establishments Restaurants Small-scale catering establishments Yogurt or ice cream shops | Decks and patios for outdoor seating Drive-through facilities Off-street customer and employee parking Valet parking facilities | Bars and taverns (See Entertainment) |
B.
Entertainment.
Characteristics: Generally commercial uses, varying in size, providing daily or regularly scheduled recreation or entertainment-oriented activities. Such activities may take place outdoors or within a number of structures. | ||
|---|---|---|
Examples | Accessory Uses | Uses not included |
Adult Entertainment Bars and taverns Indoor entertainment activities such as bowling alleys, game arcades, pool halls, dance halls, indoor firing ranges, and movie or other theaters Membership clubs and lodges Batting cages Commercial amphitheaters Commercial golf driving ranges, mini amusement parks, miniature golf facilities, and water parks Dog or horse track Drive-in theaters Flea market Golf driving ranges Mini amusement parks Miniature golf facilities Stadiums and professional sports arenas Water parks | Associated offices Concessions Food preparation and dining areas Maintenance facilities Off-street parking Restaurants | Botanical gardens and nature preserves (See Parks and Open Areas) Golf courses or country clubs (See Parks and Open Areas) |
C.
Office.
Characteristics: Activities conducted in an office setting and generally focusing on business, professional, medical, or financial services. These uses are compatible with residential uses and generate minimal traffic. Accessory uses generally have no external access or signs. | ||
|---|---|---|
Examples | Accessory Uses | Uses not included |
Advertising offices Business management consulting Counseling in an office setting Data processing Financial businesses such as lenders, investment or brokerage houses, collection agencies, or real estate and insurance agents Professional services such as lawyers, accountants, bookkeepers, engineers, or architects Sales office Travel agency TV and radio studios Utility office | Cafeterias Day care Health facilities Meeting rooms Off-street parking On-site day care, schools or facilities where children are cared for while parents or guardians are occupied on the premises Other amenities primarily for the use of on-site employees Small retail operations for on-site workers (with no external signage) Technical libraries | Banks (See Retail Sales and Service) Contractors and others who perform services off-site, but store equipment and materials or perform fabrication or similar work on-site (See Light industrial Service) Government offices (See Government Facilities) Mailing or stenographic services (See Light industrial Service) Mail-order houses (See Wholesale Trade) Offices that are part of and located with a principal use in another category (See Accessory Use) Research, testing, and development laboratories (Light industrial Service) Urgent care or emergency medical offices (See Retail Sales and Service) |
D.
Overnight Accommodations.
Characteristics: Residential units arranged for overnight accommodations of less than 30 calendar days for rent or lease. | ||
|---|---|---|
Examples | Accessory Uses | Uses not included |
Bed and breakfast establishments Campground Extended-stay facilities Hotels Inns Motels Recreational vehicle park Residential units use for overnight accommodation Dude ranches and destination resorts | Associated offices Food preparation and dining facilities Laundry facilities Limited storage Meeting facilities Off-street parking Swimming pools and other recreational facilities | Transient lodging or shelters for the homeless (See institutions) |
E.
Parking, Commercial.
Characteristics: Facilities that provide parking not accessory to a specific use for which a fee may or may not be charged. | ||
|---|---|---|
Examples | Accessory Uses | Uses not included |
Mixed parking lots (partially accessory to a specific use, partly to rent for others) Public transit park-and-ride facilities Short-and long-term fee parking facilities | Small structures intended to shield parking attendants from the weather | Bus barns (See Warehouse and Freight Movement) Parking facilities that are accessory to a principal use, but that charge the public to park for occasional events nearby (See Accessory Use) Sales or servicing of vehicles (See Vehicle Sales and Service) |
F.
Retail Sales and Service.
Characteristics: Companies or individuals involved in the sale, lease, or rental of new or used products, or providing personal services or entertainment to the general public. | ||
|---|---|---|
Examples | Accessory Uses | Uses not included |
Stores selling, leasing, or renting consumer, home, and business goods including alcoholic beverages, antiques, appliances, art, art supplies, baked goods, bicycles, books, cameras, carpet and floor coverings, crafts, clothing, computers, convenience goods, dry goods, electronic equipment, fabric, flowers, furniture, garden supplies, gifts, groceries, hardware, home improvements, household products, jewelry, medical supplies, musical instruments, pet food and/or pets, pharmaceuticals, photo finishing, picture frames, plants, printed material, produce, sporting goods, stationery, tobacco and related products, vehicle parts, and videos Farmers markets Farm stands with retail sales of farm products | Upper floor residential unit for security purposes Associated offices Food preparation and dining areas Manufacture or repackaging of goods for on-site sale Off-street parking Parking lot/sidewalk sales Storage of goods | Large-scale catering (See Light industrial Service) Laundry and dry-cleaning plants (See Light industrial Service) Lumber yards and other building material sales that sell primarily to contractors and do not have a retail orientation (See Wholesale Trade) Repair and service of motor vehicles, motorcycles, RVs, boats, and light and medium trucks (See Vehicle Sales and Service) Restaurants (See Eating Establishments) Sale or rental of machinery, equipment, heavy trucks, building materials, special trade tools, welding supplies, machine parts, electrical supplies, janitorial supplies, restaurant equipment, and store fixtures (See Wholesale Trade) Small-scale catering (See Eating Establishments) |
Animal grooming and veterinarians with no overnight facilities Athletic or health clubs Banks Business, driving, martial arts, trade and other commercial schools Dance, art, gymnastic or music studios or classes Dry-cleaning and laundry drop-off establishments Hair, nail, tanning, and personal care services Laundromats Massage therapy Mortuaries or funeral homes Photocopy, blueprint, and quick-sign services Photographic studios Psychics and mediums Security services Taxidermists Urgent care or emergency medical offices | ||
Locksmith Repair of appliances, bicycles, canvas products, clocks, computers, guns, jewelry, musical instruments, office equipment, radios, shoes, televisions, and watches Tailors, milliners, and upholsterers | ||
G.
Self-Service Storage.
Characteristics: Facilities providing separate storage areas for personal or business use designed to allow private access by the tenant for storing or removing personal property. | ||
|---|---|---|
Examples | Accessory Uses | Uses not included |
Mini-warehouses Multi-story enclosed storage facilities Storage garages | Leasing offices Outside storage of boats and campers Single residential unit for security purposes | Rental of light or medium trucks (See Vehicle Sales and Service) Storage areas used as manufacturing uses (See Light industrial Services) Storage areas used for sales, service, and repair operations (See Retail Sales and Service) Transfer and storage businesses where there are no individual storage areas or where employees are the primary movers of the goods to be stored or transferred (See Warehouse and Freight Movement) |
H.
Vehicle Sales and Service.
Characteristics: Direct sales of and service to passenger vehicles, light and medium trucks, and other consumer motor vehicles such as motorcycles, boats, and recreational vehicles. | ||
|---|---|---|
Examples | Accessory Uses | Uses not included |
Alignment shop Auto body shop Auto detailing Auto service facilities Auto upholstery shop Boat and recreational vehicle sales Car washes Full-service, mini-service, and self-service fuel stations Limited vehicle service Manufactured home sales Repair and service of RVs, boats, and light and medium trucks Tire sales and mounting Towing service Vehicle sales, rental, or leasing facilities (including passenger vehicles, motorcycles, light and medium trucks, boats, and other recreational vehicles) | Associated offices Sales of parts Towing Vehicle fueling Vehicle storage | Refueling facilities for fleet vehicles that belong to a specific use (See Accessory Use) Retail sales of farm equipment and machinery and earth moving and heavy construction equipment (See Heavy Industrial) Vehicle parts sales as a principal use (See Retail Sales and Service) ATV sales |
(Ord. 631, 2021)
A.
Light industrial Service.
Characteristics: Firms engaged in the manufacturing, assembly, repair or servicing of industrial, business, or consumer machinery, equipment, products, or by-products mainly by providing centralized services for separate retail outlets. Contractors and building maintenance services and similar uses perform services off-site. Few customers, especially the general public, come to the site. | ||
|---|---|---|
Examples | Accessory Uses | Uses not included |
Building, heating, plumbing, or electrical contractors Clothing or textile manufacturing Contractors and others who perform services off-site, but store equipment and materials or perform fabrication or similar work on-site Electric motor repair Exterminators Janitorial and building maintenance services Large-scale catering establishments Laundry, dry-cleaning, and carpet cleaning plants Mailing and stenographic services Maintenance facilities Manufacture or assembly of equipment, instruments (including musical instruments), appliances, precision items, and other electrical items Movie production facilities Photo-finishing laboratories Printing, publishing, and lithography Production of artwork and toys Repair of scientific or professional instruments Research, testing, and development laboratories Sign making Storage areas used as manufacturing uses Truck stops Vehicle and equipment maintenance facilities Welding, machine, and tool repair shops | Cafeterias Day care Employee recreational facilities Offices Off-street parking On-site repair facilities Single residential unit for security purposes Storage | Manufacture and production of goods from composting organic material (See Waste-Related Service) Small-scale catering establishments (See Eating Establishments) |
B.
Warehouse and Freight Movement.
Characteristics: Firms involved in the storage or movement of goods for themselves or other firms. Goods are generally delivered to other firms or the final consumer with little on-site sales activity to customers. | ||
|---|---|---|
Examples | Accessory Uses | Uses not included |
Bus barn Cold storage plants, including frozen food lockers Household moving and general freight storage Parcel services Separate warehouses used by retail stores such as furniture and appliance stores Stockpiling of sand, gravel, or other aggregate materials Transfer and storage businesses where there are no individual storage areas or where employees are the primary movers of the goods to be stored or transferred | Cafeterias Daycare Employee recreational facilities Offices Off-street parking Outdoor storage yard Single residential unit for security purposes Truck fleet parking and maintenance areas | Mini-warehouses, multi-story enclosed storage facilities or storage garages (See Self-Service Storage) Solid or liquid waste transfer or composting (See Waste-Related Service) |
C.
Waste-Related Service.
Characteristics: Characterized by uses that receive solid or liquid wastes from others for transfer to another location and uses that collect sanitary wastes or that manufacture or produce goods or energy from the composting of organic material. | ||
|---|---|---|
Examples | Accessory Uses | Uses not included |
Animal waste processing Manufacture and production of goods from composting organic material Recycling centers Solid or liquid waste transfer or composting Wrecking or salvage yard | Offices Off-street parking On-site refueling and repair Recycling of materials Repackaging and shipment of by-products | Stockpiling of sand, gravel, or other aggregate materials (See Warehouse and Freight Movement) |
D.
Wholesale Trade.
Characteristics: Firms involved in the sale, lease, or rent of products primarily intended for industrial, institutional, or commercial businesses. The uses emphasize on-site sales or order-taking and often include display areas. Businesses may or may not be open to the general public, but sales to the general public are limited. Products may be picked up on-site or delivered to the customer. | ||
|---|---|---|
Examples | Accessory Uses | Uses not included |
Lumber yards and other building material sales that sell primarily to contractors and do not have a retail orientation Mail-order houses Sale or rental of machinery, equipment, heavy trucks, building materials, special trade tools, welding supplies, machine parts, electrical supplies, janitorial supplies, restaurant equipment, and store fixtures Wholesale of food, clothing, auto parts, and building hardware Building, heating, plumbing, or electrical contractors Contractors and others who perform services off-site, but store equipment and materials or perform fabrication or similar work on-site Janitorial and building maintenance services | Cafeterias Day care Minor fabrication services Offices Off-street parking Product repair Repackaging of goods Single residential unit for security purposes Warehouses | Stores selling, leasing, or renting consumer, home, and business goods (See Retail Sales and Service) Warehouse and freight movement uses (See Warehouse and Freight Movement) |
E.
Heavy industrial.
Characteristics: Firms involved in research and development activities without light fabrication and assembly operations; limited industrial/manufacturing activities. The uses emphasize industrial businesses, and sale of heavier equipment. Factory production and industrial yards are located here. Sales to the general public are limited. | ||
|---|---|---|
Examples | Accessory Uses | Uses not included |
Animal processing, packing, treating, and storage Commercial feed lots Concrete batching and asphalt mixing Fuel oil distributors Processing of food and related products Production or fabrication of metals or metal products including enameling and galvanizing Production of chemical, rubber, leather, clay, bone, plastic, stone, or glass materials or products Railroad appurtenances, right-of-way, and tracks Retail sales of farm equipment and machinery and earth moving and heavy construction equipment Sawmills Sheet metal shops Soft drink bottling Small scale food processing Woodworking, including cabinet makers and furniture manufacturing | Cafeterias Drainage structures Offices Off-street parking Product repair Repackaging of goods Warehouses | Animal waste processing (See Waste-Related Service) Repair and service of motor vehicles, motorcycles, RVs, boats, and light and medium trucks (See Vehicle Sales and Service) Stores selling, leasing, or renting consumer, home, and business goods (See Retail Sales and Service) |
A.
Agriculture.
Characteristics: Characterized by uses that create and preserve areas intended primarily for the raising of animals and crops, and the secondary industries associated with agricultural production. | ||
|---|---|---|
Examples | Accessory Uses | Uses not included |
Animal processing, packing, treating, and storage, provided that these activities are accessory and secondary to normal agricultural activities Animal raising including horses, hogs, cows, sheep, goats, and swine, poultry, rabbits, and other small animals Apiculture (bee keeping) Aquaculture Dairying Floriculture Greenhouses and nurseries not engaged in retail trade Horticulture Kennels with overnight facilities Pasturage Personal or commercial animal breeding and development Riding academy or boarding stable Row and field crops Viticulture | Auction ring Barns Farm stands with retail sales of products produced or harvested on-site Garages Offices Sheds Silos Stables | Animal waste processing (See Waste-Related Service) Commercial feed lots (See Heavy industrial) Processing of food and related products (See Heavy industrial) Solid or liquid waste transfer (See Waste-Related Service) |
B.
Resource Extraction.
Characteristics: Characterized by uses that extract minerals and other solids and liquids from land | ||
|---|---|---|
Examples | Accessory Uses | Uses not included |
Drilling for oil or natural gases Extraction of sand, gravel, or minerals | Production of chemical, rubber, leather, clay, bone, plastic, stone, or glass materials or products | Stockpiling of sand, gravel, or other aggregate materials (See Warehouses and Freight movement) |