104-2-4 Special Regulations

Where a use is listed in Sec. 104-2-4, the standards of Sec. 104-2-4 shall control, and any conflicting setback, density, or operational standards elsewhere in this chapter shall not apply. General Operational Standards. All permitted and conditional uses within the Agricultural Zones shall: (1) Provide sufficient on-site parking and circulation to prevent obstruction of public roads or unsafe traffic conditions; (2) Comply with applicable state and local health department requirements for sanitation, wastewater disposal, and food handling where applicable; and (3) Be operated in a manner that does not create recurring and demonstrable traffic hazards, road obstruction, or public safety risks on adjacent public roads. Where a use results in recurring and documented public safety hazards, the city may require reasonable mitigation measures necessary to address the identified hazard, consistent with applicable law. Farm Educational Activities (Low Intensity) Examples ● Farm tours (by appointment or limited hours) ● School field trips ● Demonstration days ● Agricultural workshops Permitted as accessory to an active agricultural operation, subject to: ● Maximum group size (e.g., 30–50) ● Parking on improved surface ● Bathroom compliance Small Farm Events (Low Frequency) A. Small Farm Gatherings (Permitted) ● ≤50 attendees ● ≤12 events/year ● Daytime only ● No amplified outdoor music ● Onsite parking required B. Large Event Venues (Conditional see Agritourism Code) ● 100+ attendees ● Frequent weddings ● Permanent event structures ● Commercial catering traffic Agricultural Processing – Clarification The washing, sorting, grading, cutting, milling, pressing, bottling, packaging, cooling, storing, or otherwise preparing agricultural products for market shall be considered an accessory agricultural use when such activities are subordinate to and support agricultural production occurring on the same parcel or on contiguous parcels operated as a single agricultural operation. Agricultural processing shall not be conducted at a scale or intensity that converts the parcel into a primary manufacturing, warehousing, or industrial facility independent of agricultural production. Agricultural processing may include value-added products derived primarily from agricultural products produced on the parcel, including preserves, dried goods, juices, extracts, confections, baked goods, dairy products, and similar farm-derived products. Agricultural Accessory Use Eligibility Accessory agricultural uses permitted under this section, including but not limited to agricultural processing, aggregation, worker housing, and on-farm education, shall be allowed only on parcels containing an actively operating agricultural use as defined in this title. On parcels utilizing such accessory agricultural uses, agricultural production shall remain the principal land use activity. If agricultural production ceases for a period exceeding twelve (12) consecutive months, any accessory agricultural uses dependent upon active agricultural production shall terminate unless otherwise permitted under this title. Lawful Firearm Discharge The lawful discharge of firearms in compliance with applicable state law shall not be prohibited solely by virtue of zoning within the Agricultural Zones. Nothing in this title shall be interpreted to restrict hunting, predator control, pest control, animal slaughter, or other lawful firearm use conducted in accordance with state law and generally accepted agricultural practices. This provision does not exempt any person from compliance with applicable state safety requirements or other independently applicable laws. Agricultural Ponds and Water Impoundments. Ponds, reservoirs, and other water impoundments constructed for agricultural purposes, including irrigation storage, livestock watering, wildlife habitat enhancement, or other agricultural management functions, are permitted as part of an actively operating agricultural use. Such facilities shall comply with applicable state water rights laws and dam safety regulations where required, but shall not be classified as ornamental water features, recreational amenities, or commercial improvements solely due to their presence within the Agricultural Zone. Nothing in this section shall exempt a property owner from compliance with independently applicable safety, water rights, or environmental regulations. The uses listed below correspond with certain uses listed in the Land Use Table in Section 104-2-3. Due to the nature of the use, each shall be further regulated as follows: 1. Agricultural Produce Sales, Onsite. The sales of onsite agricultural produce shall be governed as follows: Definition of Onsite. For purposes of this section, “onsite” means: on the same lot or parcel; or on contiguous parcels operated as a single agricultural operation under common ownership or management. Operator. Onsite agricultural produce sales shall be operated by: the owner, lessee, or manager of the agricultural operation. Limitation on items sold. Retail sales conducted onsite shall be limited to: ● agricultural products produced on the parcel; ● agricultural products produced locally; and ● goods customarily incidental to the production, processing, or sale of agricultural products. At least one agricultural product produced on the parcel shall be offered for sale during periods when retail sales are conducted. Sales Area and Scale. Retail sales areas shall remain clearly accessory to the agricultural use and shall not be expanded or operated in a manner that converts the site into a primary retail or commercial operation. Setbacks. Except for warehousing and storage, retail sales activities shall be conducted no closer than twenty-five (25) feet from any adjoining property line. Small, low-intensity farm stands of two hundred (200) square feet or less located adjacent to a public roadway may be permitted within the front setback, provided they do not create traffic, safety, or nuisance impacts. 2. Animal grazing and Pasture Use. Animal grazing is a permitted agricultural use. Feeding Area: The area within a lot where livestock are provided feed or supplements, or where livestock congregate for feeding, as evidenced by manure accumulation, soil disturbance, etc. A feeding area may exist anywhere within a fenced enclosure and is not defined by the location of fencing. Supplemental Feeding. Supplemental feeding of grazing animals, including hay or other feed, is permitted as part of normal agricultural and pasture management practices, including seasonal feeding, winter feeding, drought response, rotational grazing, and soil protection. Management Standard. Grazing and feeding practices shall be managed to: ● prevent excessive manure accumulation; ● prevent soil degradation or runoff beyond the parcel; and ● avoid persistent odor, fly, or nuisance impacts detectable at the property line. Setbacks for Manure Storage and Feeding Areas used primarily for feeding, or manure storage shall not be located feet within Thirty (30) feet of any existing dwelling, public, or semi-public building on an adjoining parcel. Density. Livestock shall be maintained in a manner that prevents persistent overgrazing, erosion, or discharge of manure or sediment beyond the property line. Where a verified complaint is received, the city may require the property owner to demonstrate compliance through an approved conservation plan, pasture management plan, or other documentation prepared in consultation with NRCS, USU Extension, or a qualified agricultural professional. 3. Animal Feeding Operations Animal Feeding Operation. An animal feeding operation is a use in which animals are primarily confined and fed for extended periods rather than grazed or pastured. Feeding Restrictions. Animals shall not be fed untreated garbage, household refuse, or offal, except as otherwise permitted by state or federal law. Waste and Drainage Management. Feeding operations shall provide and maintain waste handling and drainage systems sufficient to prevent unsanitary conditions, runoff, or discharge beyond the parcel, in compliance with applicable Utah Department of Agriculture requirements. Species-Specific Standards. Facilities used for the confinement or feeding of hogs shall be constructed and managed to maintain sanitary conditions and prevent odors, vectors, or waste discharge, using materials and methods approved by the Utah Department of Agriculture Relationship to Grazing. This subsection applies to concentrated feeding or confinement operations and does not apply to grazing, pasture-based feeding, or seasonal supplemental feeding conducted as part of normal agricultural practices. 4. Family Food Production The keeping of livestock and poultry for family food production is a permitted use. Provided such animals are maintained in accordance with generally accepted agricultural practices and in a manner that does not create a documented adverse impact to adjacent parcels, including but not limited to sustained off-site odors, runoff, or unsanitary conditions, where in accordance with the Utah Right to Farm Act (Utah Code Ann. § 17-41-403). Additionally, the keeping or livestock or poultry is permitted for educational purposes associated with youth agricultural programs such as, but not limited to, 4-H and Future Farmers of America. 5. On-Farm Worker Housing (a) On-farm worker housing shall be accessory to and dependent upon an actively operating agricultural use and shall not be considered a dwelling unit or development unit for purposes of density or subdivision. (b) Occupancy shall be limited to persons employed in the on-site agricultural operation and their immediate dependents. (c) On-farm worker housing shall not be used as a short-term rental, vacation rental, or lodging available to the general public. (d) The housing shall be served by lawfully available water and wastewater systems and shall comply with all applicable health department requirements. (e) If the agricultural operation ceases for a period exceeding twelve (12) consecutive months, the on-farm worker housing shall be removed, converted to non-habitable use, or otherwise brought into compliance with applicable residential zoning standards. 6. On-Farm Equipment Repair and Fabrication The repair, maintenance, and fabrication of equipment, implements, structures, or infrastructure used primarily for the onsite agricultural operation is permitted as an accessory agricultural use. Such activities shall not operate as a general commercial repair or fabrication business serving off-site customers. 7. On-Farm Aggregation, Packing, Storage, and Distribution The aggregation, washing, sorting, packing, cooling, storage, and distribution of agricultural products is permitted as an accessory agricultural use when conducted in support of an actively operating agricultural operation on the parcel. Agricultural products processed, stored, or distributed under this subsection may include products produced on the parcel and products produced by other farms located within Weber County or within a reasonable local service area. This use shall not be operated or expanded in a manner that converts the site into a primary warehousing, freight, or regional distribution facility. Operations shall be conducted in a manner that does not create excessive traffic, noise, odor, or nuisance impacts beyond the property line. Retail sales to the general public, if any, shall comply with the Onsite Agricultural Produce Sales standards of this section. 8. On-Farm Education and Demonstration Educational classes, workshops, demonstrations, and instructional activities directly related to agricultural production, land stewardship, or food production are permitted as an accessory agricultural use when conducted in support of an actively operating agricultural operation on the parcel. This use shall not be operated as a commercial event venue and shall be conducted in a manner that does not create excessive traffic, noise, parking demand, or nuisance impacts beyond the property line. Activities involving paid admission, large events, or regularly scheduled gatherings of a scale inconsistent with accessory use shall comply with the applicable agritourism or event standards, if any, or require Conditional Use Permit approval where required. 9. On-Farm Renewable Energy Systems Solar energy systems, battery storage systems, small-scale wind systems, and bioenergy systems are permitted as an accessory agricultural use when primarily intended to serve the energy needs of the on-site agricultural operation. Such systems shall not be constructed or operated as a primary commercial power generation facility intended principally for off-site energy sales. Installation and operation shall comply with applicable building, electrical, fire, and safety codes and shall be designed and maintained to prevent nuisance impacts beyond the property line. Any nonoperational energy systems must be removed. 10. Other use Barns, Stables, and Animal Shelters. buildings used for the keeping or sheltering of animals or fowl are permitted when accessory to a residential or agricultural use, subject to the following: (a) Buildings for keeping animals or fowl are subject to accessory building setback requirements; (b) Structures used primarily for feeding or manure storage shall not be located within Thirty (30) feet of any existing dwelling on an adjoining parcel; and (c) Manure and waste shall be managed to prevent odor, runoff beyond the property line Custom exempt meat cutting. The on-site slaughter and processing of livestock, poultry, or rabbits raised on the same parcel, or on other parcels within Weber County, is permitted as an accessory agricultural use, provided that: (a) Processing is conducted in compliance with applicable state and federal law; (b) Processing occurs within an enclosed structure or approved mobile facility; (c) No outdoor storage of carcasses, offal, or waste is permitted; (d) The use does not operate as a continuous or high-volume commercial slaughter or processing facility; and (e) Operations do not create unreasonable odor, noise, or nuisance impacts beyond the property line. (f) Outdoor composting of animal remains using established, science-based composting practices is permitted, provided it does not result in persistent odors, attraction of vermin, runoff, or other nuisance conditions beyond the property line. This use is not required to be accessory to a dwelling and shall not be limited to parcels with access from a collector or arterial street. Dog breeding, dog kennels, or dog training school. Dog breeding, boarding, kennels, or training facilities may be permitted subject to the following standards: (a) The number of dogs over ten (10) weeks of age shall not exceed ten (10) dogs per acre at any time; (b) Any building, run, or enclosure used for housing or training dogs shall be located no closer than one hundred (100) feet from a public street and fifty (50) feet from any side or rear property line; and (c) Operations shall be conducted in a manner that prevents excessive noise, odor, or nuisance impacts beyond the property line. Facilities exceeding these thresholds may require Conditional Use Permit approval. Parking and Storage of Commercial and Large Vehicles Parking and storage of commercial or large vehicles and equipment is permitted when accessory to an allowed use on the parcel, subject to the following standards. Agricultural vehicles and equipment used in connection with an agricultural operation are permitted and shall not be subject to the standards in this section.: (a) Vehicles and equipment shall be primarily used in connection with an allowed agricultural, residential, or construction activity occurring on the same lot or parcel; (b) The parcel shall not be used as a commercial vehicle yard, fleet storage area, or equipment staging area for off-site operations; (c) No more than two (2) commercial or large vehicles not including farm implements may be stored on a parcel at any one time, unless otherwise permitted; (d) Vehicles with a gross vehicle weight rating (GVWR) greater than 24,000 pounds shall be parked no closer than fifty (50) feet from any public street Temporary construction use Temporary buildings, vehicles, or equipment associated with permitted construction activity may be located on the parcel during active construction and shall be removed upon completion or abandonment of the work. Family Child Care (Small). A state-licensed family child care facility operated within a dwelling unit is permitted in the Agricultural Zones. Such use shall comply with all applicable state licensing requirements and shall not be subject to additional local density restrictions. Outdoor play areas shall be located and supervised to prevent unreasonable noise or nuisance impacts to adjoining properties. Group or Large Family Child Care. Child care facilities exceeding the capacity of a small state-licensed family child care shall require approval of a Conditional Use Permit. In evaluating such applications, the city may consider: (1) Traffic safety and circulation; (2) Adequacy of on-site parking; (3) Outdoor play area location and buffering; and (4) Compatibility with surrounding uses.