Ordinance 24-22 Amend Definition of Warehouse Storage Units & Include Additional Conditions for Warehouse Storage Units: ORDINANCE NO. 24-22   AN ORDINANCE OF FILLMORE CITY, UTAH AMENDING THE FILLMORE CITY MUNICIPAL CODE, TITLE 10, CHAPTER 2: DEFINTIONS, TO AMEND THE DEFINTION OF WAREHOUSE STORAGE UNITS, AND TITLE 10, CHAPTER 9A, SECTION 8, TO INCLUDE ADDITIONAL CONDITIONS FOR WAREHOUSE STORAGE UNITS.   The City Council of the City of Fillmore, Utah, (referred to herein as the “City Council”), states the following as the basis for enacting this ordinance:   RECITALS   Fillmore City previously adopted a land use ordinance, pursuant to law, which is set forth in Title 10 of the Fillmore City Municipal Code.   Fillmore City may enact and amend ordinances, resolutions, and rules regarding land use for the purposes outlined in Utah Code Ann. § 10-9a-102.   Fillmore City has enacted Title 10, Chapter 2, Definitions, which defines terms used in the Fillmore City Land Use Regulations.   Heretofore, the definition of “Warehouse Storage Units,” excluded the use of shipping containers for commercial storage.   Fillmore City has also enacted Chapter 9, Industrial District, Article A., Light Industrial District, which provides for the purpose, use table, development standards, etc., regarding development in the Light Industrial Zone.   The Light Industrial District allows as a conditional use Warehouse Storage Units (Commercial Only).   Applicant Mike Greenwood, for MK Opportunities, LLC, submitted an application to amend Title 10 of the Fillmore City Municipal Code to allow for the use of cargo shipping containers for self-storage facilities in the Light Industrial Zone.   On September 24, 2024, the Fillmore City Planning Commission (referred to herein as the “Planning Commission”) held a public hearing to receive public comment regarding such amendment, after publishing notice as required by law, and there allowed the opportunity for public comments related to the proposed amendment.   After considering the matter, the Planning Commission found it appropriate and in the public interest to recommend adoption of such amendment to the City Council with conditions in place to mitigate problems associated with shipping containers as commercial storage facilities.   The City Council has now considered the matter and received public comment, after publishing notice as required by law, and has determined that the Planning Commission recommendation is appropriate and the changes should be adopted as such changes further the health, safety and welfare of Fillmore City.   NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Fillmore, Utah:   SECTION 1:  Adoption of Recitals.  The Recitals set forth above are hereby adopted and incorporated into this ordinance by reference.   SECTION 2:  Amendments to Title 10, Chapter 2, Definitions. The definition of Warehouse Storage Units shall be amended as follows:   WAREHOUSE STORAGE UNITS: A structure in which goods, merchandise or equipment are stored for eventual distribution, or for which storage space is rented. For all zones, except the Light Industrial zoning district, such structure must be a building. For the Light Industrial zoning district, only, a warehouse storage unit may include cargo shipping containers as provided in Section 10-9A-101 et seq., upon approval of a conditional use permit.   SECTION 3:  Amendments to Title 10, Chapter 9, Article A, Section 8, Conditional Use Standards of Review, to include standards for Warehouse Storage Units. Section 10-9A-8 shall be amended in its entirety as shown on the attached and incorporated Exhibit A.   SECTION 4:  Effective Date.  This ordinance shall become effective upon publication.   SECTION 5:  Publication.  This ordinance or a summary thereof is ordered published in accordance with Utah Code Ann. § 10-3-711, as a class A notice under Section 63G-30-102.   SECTION 6:  Severability.  If any provision of this ordinance less than the entire ordinance is held invalid by a court of competent jurisdiction, this ordinance shall be deemed severable, and such finding of invalidity shall not affect the remaining portions of this ordinance.   SECTION 7:  Conflicting Ordinances.  To the extent that any ordinances, resolutions, or policies of the City of Fillmore conflict with the provisions of this ordinance, they are hereby amended to be in accordance with the provisions hereof.   PASSED AND ADOPTED this _____ day of _______________ 2024.   CITY OF FILLMORE, UTAH:     By:  ____________________________ MICHAEL D. HOLT, Mayor   Attest: _____________________________ KEVIN ORTON, City Recorder       VOTING:   Dennis Alldredge        ___Yea            ___Nay           ___Absent       ___Abstain      Curt Hare                    ___Yea            ___Nay           ___Absent       ___Abstain Gene Larsen                ___Yea            ___Nay           ___Absent       ___Abstain Kyle Stevens               ___Yea            ___Nay           ___Absent       ___Abstain Michael Winget           ___Yea            ___Nay           ___Absent       ___Abstain