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.