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By Myrna Trauntvein
TN Correspondent

Property west of Nephi along SR 132 West is considered as an appropriate site for a slaughterhouse but before the site could receive permission for such an enterprise a new zone needed to be created.

“With recent requests regarding potential slaughterhouses being located in the city limits, the city council provided some direction to the city planning commission to develop a zoning district that governed these businesses,” said Seth Atkinson, city administrator.

Doing so would provide more control over location and distance from existing residential areas, he said.

He said that the council had not wanted a slaughterhouse to be an allowed use in an existing zone.

Nephi has had the following zones: Residential districts R1, R1-8, R1H, R1-5, R2, R2-8 and R-3; combined use districts CU and CU-2; highway commercial district HC and HC-2; central commercial district CC; and industrial development district ID.

“This would be a new zone,” said Atkinson.

The planning commission reviewed the suggested code changes in their March 10 meeting and recommended the change to the city council for review.

“Did the planning commission receive any comments?” asked Skip Worwood, council member.

There were none entered, said Atkinson.

“You can adopt this now and you can fine tune as you move forward,” he said.

“Should we put the limits in writing before we adopt the ordinance?” asked Nathan Memmott, council member.

“I think we need to adopt the ordinance now,” said Worwood,. “We can fine tune it later.”

Mayor Glade Nielson said that the city had the mechanism in place for fine tuning the ordinance right away. If the changes were substantial, they could still make those changes.

“There is some urgency to adopt the ordinance now,” said Nielson. “Our attorney will decide what are substantial and what are minor changes.”

“Although some provisions the council may want to see (i.e. daily animal limitations) that are not currently in the code, the commission recommends adopting the new zone and then fine tuning it to include these and other provisions,” said Atkinson.

The code includes a new definition for a slaughterhouse, and the conditions under which a slaughterhouse may be constructed.

“The new industrial zone 2 (ID-2) just identifies slaughterhouses as the sole use but others may be added in the future,” said Atkinson. “By adding the use in the ID-2 zone, the use is specifically excluded from any other zone.”

The zone can then be integrated into any planning efforts.

Exhibit A, the new code dealing with zoning, includes the code changes in red. All changes after Chapter 10 on page 5 are simply numeric.

“We have discussed this at several work sessions,” said Larry Ostler, city council member.

He said that it looked as though the concerns of the council had been addressed.

Worwood made the motion to adopt the ordinance amending the zoning code by adding an ID-2 zone. Ostler made the second and all present voted in favor.

Atkinson said that the city staff had reviewed the code and concurred with the planning commission recommendation. They were, therefore, recommending that the council adopt Ordinance 03-16-2021, the Industrial Zone District 2 (ID-2).

The ordinance reads: “Be it ordained by the City Council of Nephi City, State of Utah, that the Official Zone Map of the City is hereby amended so the following described property is changed from Residential R1-H to Residential R2-8.”

It is known as the Craig Sperry Property and is located at approximately 941 North 200 East.

PART II of the ordinance states that: “The above-described area shall be subject to all requirements and conditions applicable with the Residential R2-8 Zone.”

PART III reads: “This Ordinance shall be in full force and effect upon its passage and first publication.”

The code makes it understood that an agricultural industry or business does not include a Slaughterhouse.

It is listed as an offensive business, a new heading in the code.

As defined in the code: “Offensive business shall include, but not be limited to, packing houses, dairies, tanneries, canneries, renderies, junk or salvage yards, bone factories, slaughterhouses, butcher shops, soap factories, foundries, breweries, distilleries, livery stables, blacksmith shops, or any other enterprise or establishment which creates excessive odors, fumes, smoke, gases or noises. Any offensive business shall comply with the requirements of Title 4 Chapter 6 of the Nephi City Code.”

A slaughterhouse is also defined as: “A facility whose main purpose is the killing of animals for the purpose of providing food for human consumption. All killing and processing must be within an enclosed building and may include limited keeping of animals for the purpose of being processed at the facility. May also include retail sales of the product produced.”

The purpose of the industrial development district ID-2 is established to protect residential and commercial land uses from noise and other disturbances, and to provide for areas in the city where Slaughterhouses may be located.

“Permitted Uses: In the industrial development district ID no building or land shall be used, and no building shall be erected which is arranged, intended or designed to be used for any use other than one or more of the following uses: Slaughterhouse,” states the code.

A slaughterhouse may not be located within 1,000 feet, (measured from property line to property line) of any residential zone; must be on a 20,000 square foot minimum lot size; the minimum lot width of any lot must be 100 feet.

The minimum front yard setback 30 feet, the minimum side yard will be 10 feet, both sides, except no minimum on sides abutting another industrial use and the minimum rear yard will be 20 feet, except that the planning commission may approve a 10 foot rear yard if off street parking is provided on an adjoining lot or another approved location.

Nephi City Council members also passed an ordinance amending the land use code to allow the new zone for industrial districts.

Ordinance No. 03-16-2021-A is an amendment to section 10-2-2, 10-5-1 and is adding a section 10-10-1 through 10-10-12 of the land use regulations section of the Nephi City Code.

“This is also dealing with the new zone you are creating to allow a slaughterhouse to be built in a designated area,” said Atkinson. “The new zone, ID-2 will be part of the land use code.”

The zone only has a slaughterhouse listed in the ID-2 zone.

“This is fairly significant,” said Atkinson.

The ordinance states: “WHEREAS, Section 10-2-2 and 10-5-1 of the Nephi City Code sets forth regulations regarding Land Use; and

“WHEREAS, the City Council of Nephi City, State of Utah, desires to amend the Nephi City Code to include a new zone for Industrial Districts;

“NOW THEREFORE, be it ordained by the City Council of Nephi City, State of Utah, that Sections 10-2-2 and 10-5-1 of the Nephi City Code be amended and Section 10-10-1 through 10-10-12 be added as shown in Exhibit A.”

This ordinance shall take effect immediately upon its passage and publication as prescribed by law.

Worwood made the motion to adopt the land use code ordinance. Ostler made the second and all present voted in favor.