ORDINANCE NO. 24-15

AN ORDINANCE OF FILLMORE CITY, UTAH AMENDING THE OF FILLMORE CITY MUNICIPALCODE, TITLE 10, CHAPTER 7, RURAL RESIDENTIAL ZONING DISTRICT, GENERALLY, INCLUDING BUT NOT LIMITED TO THE USE TABLE AND DEVELOPMENT STANDARDS.

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

1. Fillmore City previously adopted a land use ordinance, pursuant to law, which is set forth in Chapter 10 of the Fillmore City Municipal Code.

 

102. Fillmore City may enact and amend ordinances, resolutions, and rules regarding land use for the purposes outlined in Utah Code Ann. § 10-9a-102.

 

2022. On July 19, 2022, Fillmore City considered proposals for professional services to update Fillmore City’s zoning ordinance, subdivision ordinance and annexation policy plan, and ultimately approved Sunrise Engineering’s Proposal dated May 26, 2022.

 

1. As part of that proposal, Sunrise Engineering has reviewed the standards in each zoning district, including the Rural Residential Zoning District.

 

1. On April 23, 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 enactment.

 

1. After considering the matter, the Planning Commission found the amendment to be appropriate and found that it was in the public interest to recommend the adoption to the City Council.

 

1. 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:  Amendment of Fillmore City Municipal Code, Title 10, Chapter 7, Rural Residential Zoning District. The Fillmore City Municipal Code Title 10, Chapter 7, Rural Residential Zoning District, is hereby amended as attached, to be incorporated herein.

 

SECTION 3:  Continuing Effect of Fillmore City Municipal Code.  Except as specifically amended hereby, all terms, provisions and conditions set forth in Title 10 of the Fillmore City Municipal Code shall remain and continue in full force and effect.

 

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 Fillmore City 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

 

 

 

CHAPTER 7
RESIDENTIAL DISTRICTS

 

ARTICLE A. RURAL RESIDENTIAL DISTRICT

SECTION:

10-7A-1: Purpose

10-7A-2: Development Standards

10-7A-3: Performance Standards

 

10-7A-1: PURPOSE:

The purpose of this article is to create a Rural Residential Zone which is intended as a permanent Residential District for those areas of the community where it is desirable to maintain low residential densities and to allow uses as outlined in the Land Use Appendix.

 

10-7A-2 USE TABLES:

If use is not specifically designated then it is prohibited.

10-7A-2

USES

Type	Allowed	Administrative Conditional Use	Business License
Accessory structure, unoccupied	X
Agriculture	X
Childcare for business:
Center		X	X
Facility		X	X
Church	X
Civic Club		X
Dwelling, Single-Family	X
Dwelling, Two-Family	X
Dwelling, Twin Home	X
Farm animals/livestock	X
Gated communities	X
Home Occupation		X	X
Kennel, Private		X	X
Outdoor rec-park-play	X		X
Preschool		X	X
Public utility stations except sewer		X
School, public	X
Schools, private, quasi-public	X		X
Short-Term-Rental	X		X
Stable, private	X
Subdivisions (compliance with chapter 18 of this title)	X

 

 

10-7A-3: DEVELOPMENT STANDARDS:

TABLE 10-7A-3
MINIMUM LOT AND DEVELOPMENT STANDARDS

 

Lot	Area	Width	Height	Setbacks	Sidewalk, Curb, and Gutter
Standard	0.5 acre 21,780 square feet minimum	120′ minimum	40’ maximum	Front: 25′ Side: 15′ Rear: 40′   A corner lot shall have one front, two sides, and one rear. For setback purposes, front is determined by the building’s orientation relative to street as well as building address.	Sidewalk: Required along lot frontage. For corner lots, required along lot frontage and along lot side adjacent to street. Any portion of the sidewalk required over 165’ is eligible to participate in the City cost sharing program for the construction of that portion of the sidewalk.   Curb and Gutter: Required along lot frontage. For corner lots, required along lot frontage and along lot side adjacent to street. Exceptions would be limited to instances in which the City Engineer determines construction of the sidewalk, curb, and/or gutter would be detrimental to public safety or protection of property.
Accessory Structure	0.5 acre 21,780 square feet minimum	120′ minimum	40’ maximum	Front: 25′ Side: 3’ Rear: 3’

1. One Principal Structure on Lot: Only one principal structure is permitted on a single lot.
2. Structure To Have Access: All structures shall be on a lot adjacent to a public street or with access to an approved private street, and shall be so located on lots as to provide safe and convenient access for fire protection.
3. Farm Animals And Livestock: Livestock, fowl, and other animals (excluding household pets) that may, where permitted, be kept, bred, and maintained with the following restrictions:
4. Livestock: One animal for every five thousand (5,000) square feet of property (excluding occupied structures). One horse, cow, pig, llama, goat, or five (5) sheep. Unaltered male goats are not allowed other than on a temporary basis for breeding purposes. The offspring of livestock may be kept without consideration of the space limitations until the animal is weaned or not to exceed six (6) months.
5. Other Farm Animals: For each five thousand (5,000) square feet of property (excluding occupied structures) five (5) rabbits or fowl, or other similar small animals, may be kept. One hundred (100) rabbits or fowl may be kept in an enclosed structure with a roof and walls on all sides. The offspring kept in the enclosed structure shall not exceed two hundred (200) and may be kept for a period of six (6) months. One enclosed structure may be kept for every five thousand (5,000) square feet of property (excluding occupied structures).
6. Animals Stabled Or Housed In Enclosed Areas: Any building, structure, or corral in which livestock is kept must be at least fifty feet (50′) from any street, dwelling, or sidewalk. This restriction does not include open pasturing on a temporary or seasonal basis.
7. Public Utility Stations: In any zone where residences are allowed, public utility stations shall meet the following requirements:
8. Lot Area: Each station shall be located on a lot not less than two thousand (2,000) square feet in area;
9. Access: Each station shall be located on a lot that has adequate access from a street, alley or easement;
10. Yards: Each station shall be provided with a yard on each of the four (4) sides of the building or structures not less than five feet (5′) in width, except that for such stations located on lots fronting on a street and abutted by one or more residential lots, the front, side, and rear yards should equal those required for a single-family residence in the same district. (Ord. 19-07, 9-3-2019)

 

10-7A-3: PERFORMANCE STANDARDS:

The operation of any use permitted in this district is subject to the following standards of performance:

1. Nuisances Or Disturbances: All uses must be operated so that all practical means are used to confine any noise, odor, dust, smoke, vibration, or other similar features to the premises upon which they are located.
2. Lighting: Any light used to illuminate signs, parking areas, or for any other purpose shall be so arranged as to confine direct light beams to the lighted property by appropriate directional hooding.
3. Fencing: All fencing shall meet the standards of the Fencing Ordinance found in Chapter 25.
4. Parking: All parking shall meet the parking standards for the respective use found in the Parking Ordinance, 14.
5. Home Occupations: Home Occupations shall meet the standards in Title 10, Chapter 23, Home Occupations.
6. Temporary Uses: Temporary Uses shall meet the standards in Title 10, Chapter 21, Temporary Use Ordinance.