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Ordinance 24-20, Amending Fillmore City Municipal Code Title 10, Chapter 7, Article B: Single-Family and Multi-Family residential districts, generally, including but not limited to the use table and development standards: ORDINANCE NO. 24-20 AN ORDINANCE OF FILLMORE CITY, UTAH AMENDING THE FILLMORE CITY MUNICIPAL CODE, TITLE 10, CHAPTER 7, ARTICLE B, R-2 SINGLE-FAMILY AND MULTI-FAMILY RESIDENTIAL DISTRICTS, 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 Fillmore City previously adopted a land use ordinance, pursuant to law, which is set forth in Chapter 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.   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.   As part of that proposal, Sunrise Engineering has reviewed the standards in each zoning district, including the R-2 Single-Family and Multi-Family Residential Districts.   On July 10, 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.   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.   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, Article B, R-2 Single-Family and Multi-Family Residential Zoning District. The Fillmore City Municipal Code Title 10, Chapter 7, Article B, R-2 Single-Family and Multi-Family 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     ARTICLE B. R-2 SINGLE-FAMILY AND MULTI-FAMILY RESIDENTIAL DISTRICTS SECTION: 10-7B-1: Purpose 10-7B-2: Use Table 10-7B-3: Development Standards 10-7B-4: Performance Standards   10-7B-1: PURPOSE: The purpose of this article is to create a residential zone that provides for a compatible mixture of single and multi-family dwellings. (Ord. 19-07, 9-3-2019)   10-7B-2: USE TABLE: If a use is not specifically designated then it is prohibited. TABLE USES Type Allowed Administrative Conditional Use Business License Accessory structure, unoccupied X     Agriculture X     Athletic club   X X Childcare for business:          Center   X X    Facility   X X Church X     Civic club   X   Dwelling, single-family X     Dwelling, two-family X   X Dwelling, three-family X   X Dwelling, four-family X   X Dwelling, twin home X     Farm animals/livestock X     Gated communities   X   Group home:          Assisted living facility   X X    Disabled   X X    Elderly   X X Home Occupation   X X Intermittent commercial use   X   Outdoor rec-park-play X     Preschool   X X Public rights-of-way X     Public services   X 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     Telecommunications facility (45' in height)   X X   10-7B-3: DEVELOPMENT STANDARDS: TABLE MINIMUM LOT AND DEVELOPMENT STANDARDS Lot Area (minimum) Width (minimum) Height (maximum) Setbacks (minimum) Sidewalks, Curb, and Gutter Single-family 7,500 sq. ft. 75' 35' Front: 25' Side: 8' Rear: 20'   Sidewalk: Required along lot frontage. 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. 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.     Two-family 9,000 sq. ft. 90' 35' Three-family 17,125 sq. ft. 90' 35' Four-family 20,380 sq. ft. 90' 35' Twin home 4,500 sq. ft. 50' 35' Front: 25' Side: 8' for unattached side and 0’ for attached side Rear: 20' Accessory Structure (Unoccupied) 7,500 sq. ft. 75’ 35’ Front: 25’ Side: 3'     One Principal Structure on Lot: Only one principal structure is permitted on a single lot. 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. Corner Lot: 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. For sidewalk, curb, and gutter, sidewalk is required along lot frontage and along lot side adjacent to street for all corner lots. 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: 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. 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). Animals Stabled Or Housedπ 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.   10-7B-4: PERFORMANCE STANDARDS: The operation of any use permitted in this district is subject to the following standards of performance: 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 feature to the premises upon which they are located. 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. (Ord. 19-07, 9-3-2019) Fencing: All fencing shall meet the standards of the Fencing Ordinance found in Title 10, Chapter 21, Fencing. Parking: All parking shall meet the parking standards for the respective use found in the Title 10, Chapter 14, Parking Standards. Home Occupations: Home Occupations shall meet the standards in Title 10, Chapter 23, Home Occupations. Temporary Uses: Temporary Uses shall meet the standards in Title 10, Chapter 21, Temporary Uses.

Posted on , by Kevin Orton

Ordinance 24-19, Conveyance of Adequate Water for New Development within Fillmore City

ORDINANCE NO. 24-19

 

AN ORDINANCE OF FILLMORE CITY REQUIRING THE CONVEYANCE OF ADEQUATE WATER FOR NEW DEVELOPMENT WITHIN FILLMORE CITY AND ENACTING SUCH UNDER TITLE 8, CHAPTER 3, ARTICLE C.

 

WHEREAS, Fillmore City (the “City”) recognizes that the health, safety and welfare of the residents and visitors of the City depend, in large part, upon the availability and reliability of sufficient safe drinking and domestic water; and

 

WHEREAS, there is a need for the City to update and improve existing City procedures to ensure water is responsibly managed for today and future generations; and

 

WHEREAS, the City is experiencing residential, commercial, and industrial growth, and growth necessitates acquisition of additional water rights; and

 

WHEREAS, as a public water supplier under Utah Code Ann. §73-1-4, the City is planning for the reasonable future water requirements of the City by adopting these ordinances and creating other policies and procedures; and

WHEREAS, Utah Code Ann.§10-7-14 grants the City the authority to enact ordinances, rules, and regulations for the management and conduct of its waterworks; and

 

WHEREAS, in order to protect and promote the health, safety and welfare of residents and visitors of the City, the City finds that adequate water rights must be provided for new development and annexed land; and

 

WHEREAS, the City believes that final subdivision approval or building permits should not be issued for new development, and annexations should not be approved, unless sufficient water supply, water source capacity, water storage, and wastewater treatment and disposal either exists, or will timely be provided to serve the new development in perpetuity, and

 

WHEREAS, the City finds compelling public interests necessitate the adoption of this ordinance to better assure the adequacy of water supply, water source, water source capacity, and water storage, for current residents and new development in the City and its service area.

 

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FILLMORE UTAH, AS FOLLOWS:

 

SECTION 1: Adoption of Recitals.  The Recitals set forth above are hereby adopted and incorporated into this ordinance by reference.

 

SECTION 2: Enactment of Fillmore City Municipal Code, Title 8, Chapter 3, Article C, Water Conveyance for New Development and Annexations. The Fillmore City Municipal Code Title 8, Chapter 3, Article 3, is hereby enacted as follows:

 

8-3C-1: TITLE:

 

This article shall be known as the CONVEYANCE OF WATER FOR NEW DEVELOPMENT ORDINANCE OF FILLMORE CITY.

 

8-3C-2: PURPOSE:

 

The purposes of this article are as follows:

 

  1. The City’s primary purpose for establishing this ordinance is to acquire municipal water rights and resources to serve its future population with culinary water.

 

  1. In consideration of the current City water rights and resources, anticipated growth and expansion of service area, pending studies, and considering the reasonable future requirements of the City, the City finds that new development and annexed property must provide the City with sufficient municipal water rights to satisfy all future anticipated culinary uses.

 

  1. The City Council shall determine the sufficient acre feet for each single-family residence, multi-family, industrial or commercial installation based on anticipated water use, in a quality, quantity and priority as advised and considering the requirements of the Utah Division of Drinking Water and the Utah Division of Water Rights. 

 

8-3C-3: TIMING:

 

  1. New development. Prior to final approval of a plat map, if required, or prior to issuance of a building permit, when no plat map is required, all new development must convey water right(s) to the City in an amount sufficient to meet anticipated demand for the proposed use(s) or pay a fee in lieu of conveying water as provided herein. No plat will be recorded, no building permit will be approved, and no certificate of occupancy will be issued until the City accepts or receives such contribution or payment as provided herein.

 

  1. Prior to final approval of any annexation, including the approval of an annexation ordinance, the petitioner of such annexation petition must convey to the City by warranty deed all water right(s) required herein. The details regarding the transfer of water will be included within an annexation agreement between the petitioner and the City and shall be recorded at the office of the Millard County Recorder.

 

  1. Notwithstanding the provisions of this code, no additional water will be required for any existing dwelling or structure within the City as of the date of approval of this ordinance. This includes constructed dwellings or structures and valid, approved building permits for dwellings or structures.

 

8-3C-4:  AMOUNT OR QUANTITY REQUIRED

 

  1. The amount (number of acre-feet) of water required to be conveyed to the City shall be the amount considered sufficient to meet the water use requirements of the proposed use, to be determined in accordance with the following table:

 

 

Use

Based on Equivalent Residential Connections (ERC)

Acre-Feet Required per ERC

Residential Uses

1.00 per dwelling unit

The average annual ERC use as established in the current Division of Drinking Water for Fillmore City[1]

Non-residential Uses (including, but not limited to Industrial and Commercial Uses)

An amount sufficient to meet the projected needs of the proposed development based on an evaluation of demand characteristics for similar uses as determined by the City’s engineering department

           

Subject to change to follow the average annual ERC use as established in the current Division of Drinking Water for Fillmore City.

 

  1. Unless otherwise mitigated, the priority date of any contributed water right(s) relied upon to meet these ordinances must have sufficient seniority to be deemed a reliable source of water in perpetuity without risk of a priority call.
  2. Subsequent to a determination of water requirement, if the use of an existing development is modified and results in an increased use of water, additional water right(s) sufficient to meet the projected needs of the modified use shall be required to be conveyed to the City before a building permit is issued. If a building permit is not required for the expanded use of water, the owner of the land shall provide additional water right(s) to the City to meet the expanded use within thirty (30) days of the expanded use.
  3. Any person or entity desiring to extend the water system of the City to a project or development, including extensions for annexations, shall submit a description of the project, engineered drawings and projections for the development and culinary water use. For an annexation petition, this information will provide a basis for an annexation agreement between the developer and the City.

 

8-3C-5: FEE:

For all developments within City limits, a developer shall pay a fee of $3,000 per equivalent residential connection (“ERC”) in lieu of conveying water for all developments. If the demand for a development exceeds one hundred fifty (150) ERCs, the developer is not eligible to pay a fee and must convey water right(s) as provided herein.

8-3C-6: QUALITY OF WATER RESOURCE

Water right(s) conveyed to the City in satisfaction of this ordinance shall meet the following requirements:  

  1. The City shall have opportunity to review such water right(s) and any document deemed relevant to the City’s review in order to indicate its willingness to accept the water right(s).

 

  1. The water right(s) shall have a priority date with sufficient seniority to be deemed a reliable source of water in perpetuity without risk of a priority call as determined by the City.

 

  1. Any applicant for annexation must have complied with any water provisions in the Annexation Agreement entered for said purpose.

 

  1. The executed warranty deed of the water right(s) and the executed Annexation Agreement must be duly recorded with the Millard County Recorder’s Office.

 

  1. The water right(s) must be approved without appeal or reconsideration from the Utah Division of Water Rights for diversion of the water for year-round municipal purposes from the City’s sources and beneficial use within the City’s service area.

 

  1. If a former well(s) is required to be abandoned, the applicant or developer must abandon the well and provide evidence of that act to the Utah Division of Water Rights before acceptance of water right(s) by the City.

 

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

 

SECTION 4:  Effective Date.  This ordinance shall become effective thirty (30) days after adoption.

 

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

 

[1] Currently 0.90 per ERC for combined indoor/outdoor use for a Single Family Home, but subject to change in accordance with the average annual ERC use as established in the current Division of Drinking Water for Fillmore City.