CHAPTER 8

COMMERCIAL ZONES

ARTICLE A.  C-1 RETAIL COMMERCIAL ZONE

SECTION:

11-8A--1:		Legislative Intent
11-8A--2:		Enterprise Zone
11-8A--3:		Permitted Uses
11-8A--4:		Permitted Conditional Uses
11-8A--5:		Access Requirements
11-8A--6:		Location Requirements
11-8A--7:		Parking And Loading Requirements
11-8A--8:		Site Plan Approval Required For Permitted Uses
11-8A--9:		Utility Requirements
11-8A-10:		Special Provisions
11-8A-11:		Frontage Requirements !2R!

11-8A-1:		LEGISLATIVE INTENT:

A.	The C-1 retail commercial zone has been established to provide an area in which the primary use of the land is for retail commercial and service use and to accommodate the needs of the residents and traveling public.

B.	The zone is characterized by a mixture of dwellings and commercial uses such as retail stores, banks, restaurants, office structures and a wide variety of specialty shops, located in surroundings which are aesthetically pleasing and conveniently and safely accessible. In general, these zones should be located adjacent to major traffic arteries.

C.	Manufacturing uses and other activities which would be inconsistent with the use of the land for residential or commercial activities are not permitted in this zone.

D.	The specific regulations necessary for the accomplishment of the intent of the zone are hereinafter set forth. (Ord. 9-7-2000, 9-7-2000)

11-8A-2:		ENTERPRISE ZONE:

All areas of the city which carry the C-1 commercial zone classification, as indicated on the official zone map of the city, shall also be designated as enterprise zones, pursuant to Utah Code Annotated sections 63M-1-401 to 416. Upon the city's submission of an application for enterprise zone designation, and approval of said application by the governor's office of economic development, certain businesses located within designated enterprise zones shall become eligible for tax credits authorized under Utah Code Annotated sections 63M-1-401 to 416. (Ord. 2010-1, 2-11-2010)

11-8A-3:		PERMITTED USES:

The following buildings, structures and uses of land shall be permitted in the C-1 zone upon compliance with the requirements set forth in this title, but shall not subject to the imposition of any additional conditions except where the conditions of FPO floodplain overlay zone apply:

Accessory and advertising signs.

Accessory uses and structures shall be permitted in the C-1 zone, provided they are incidental to, and do not substantially alter, the character of the permitted principal use or structure. Such permitted accessory uses and structures include, but are not limited to, buildings such as garages, carports, equipment storage buildings and supply storage buildings which are customarily used in conjunction with and incidental to a principal use or structure permitted in the C-1 zone.

Any uses permitted in the R-2-8000 zone, subject to the requirement of said zone.

Automobile, motorcycle, snowmobile sales structures and lots (for both new and used units). Also, the related repair facilities when such facilities are included as an integral part of the sales structure.

Automotive service establishments, including gasoline stations, car washes, parking lots and storage garages, minor automotive repair establishments.

Funeral homes.

General retail stores and shops providing goods and services for sale at retail in the customary manner; provided, that all storage and sales activity shall be contained within a building; also, manufacturing and processing activities which are an integral part of, and incidental to, the retail establishment.

Hotels and motels.

Office buildings.

Personal service establishments such as barber and beauty shops, shoe repair, laundries and similar establishments.

Recreational enterprises, including, but not limited to, recreation centers, motion picture theaters, and athletic clubs.

Recreational vehicle courts, subject to the provisions of section 11-11-25 of this title.

Restaurants and food drive-ins. (Ord. 9-7-2000, 9-7-2000)

11-8A-4:		PERMITTED CONDITIONAL USES:

The following buildings, structures and uses of land shall be permitted upon compliance with the requirements set forth in this title and after approval has been given, in the form of a conditional use permit, by the designated reviewing agencies (approval of other agencies or levels of government may be required):

Any conditional use permitted in the R-2-8000 zone, subject to the requirements and applicable conditions of said zone.

Commercial kennels only, subject to the following conditions:

A. A minimum of one acre required.

B. Maintain four (4) but not more than ten (10) dogs over the age of six (6) months.

C. Complies with the provisions and standards of section 6-1-7 of this code. (Ord. 9-7-2000, 9-7-2000; amd. Ord. 2013-2, 1-10-2013)

11-8A-5:		ACCESS REQUIREMENTS:

A.	Residential uses shall conform to the access requirements of the R-2-8000 zone.

B.	Each lot used for commercial purposes shall abut directly upon and have access to a designated city street. (Ord. 9-7-2000, 9-7-2000)

11-8A-6:		LOCATION REQUIREMENTS:

A.	Residential Uses: Residential uses shall be set back in accordance with the location requirements of the R-2-8000 zone.

B.	Commercial Buildings: Commercial buildings shall be set back from the property or right of way line (as applicable) as follows:

1.	Front Setback: All buildings shall be set back not less than thirty feet (30'), except where the building faces Main Street and is situated on Main Street, between 200 North and 200 South, the front setback may be reduced to zero.

2.	Side Setback:

a.	Main Building: Except as provided below, or by other ordinance, there shall be no minimum side setback requirement.

(1)	Corner Lot, Side Abutting Street: The setback requirements shall be the same as required for front setbacks. (Ord. 9-7-2000, 9-7-2000)

(2)	Side Yard Used As Driveway: When used for access to any garage, carport or parking area having less than six (6) parking spaces, a side yard shall be wide enough to accommodate an unobstructed twelve foot (12') paved driveway. When used for access for a garage, carport or parking area having six (6) or more parking spaces, a side yard shall be wide enough to provide an unobstructed twelve foot (12') paved driveway for one-way traffic, or sixteen feet (16') of paved driveway for two-way traffic. (Ord. 2010-1, 2-11-2010)

b.	Accessory Building: All accessory buildings shall be set back not less than eight feet (8') from the lot line, except that no minimum side setback shall be required when all of the following conditions are met:

(1)	The lot on which the accessory building is located is not a corner lot;

(2)	The accessory building is located more than ten feet (10') to the rear of the closest rear wall line of any existing main building;

(3)	The accessory building contains no openings in the side contiguous to the lot line;

(4)	No drainage from the roof will be discharged onto an adjacent lot; and

(5)	The accessory building shall have fire resistive walls rated at four (4) hours or more.

3.	Rear Setback:

a.	Main buildings: Same as required under side setback.

b.	Accessory buildings: Same as required under side setback. (Ord. 9-7-2000, 9-7-2000)

11-8A-7:		PARKING AND LOADING REQUIREMENTS:

No off street parking area which requires backing onto the street right of way in order to exit shall be permitted. All ingress and egress shall be by forward motion only, and all points of ingress and egress shall be clearly defined and channelized using structural barriers. The design and construction of off street parking and access facilities shall be in accordance with city standards. (Ord. 9-7-2000, 9-7-2000)

11-8A-8:		SITE PLAN APPROVAL REQUIRED FOR PERMITTED USES:

Prior to the construction of any building or establishment of any commercial use listed in section 11-8A-3 of this article, a site plan shall be submitted and approved in accordance with the provisions of section 11-11-21 of this title. (Ord. 9-7-2000, 9-7-2000)

11-8A-9:		UTILITY REQUIREMENTS:

All structures used for human occupancy shall be served by the city water and sewer system. (Ord. 9-7-2000, 9-7-2000)

11-8A-10:		SPECIAL PROVISIONS:

A.	Uses Within Buildings: All uses shall be conducted entirely within a fully enclosed building, except those uses deemed by the city to be customarily and appropriately conducted in the open, including, but not limited to, service stations, drive-in restaurants, miniature golf, plant nursery displays, etc.

B.	Trash Storage: No trash, used materials, or wrecked or abandoned vehicles or equipment shall be stored in an open area. Containers for trash storage of a size, type and quantity approved by the city shall be maintained in a location as shown on the site plan, and shall be enclosed within a sight obscuring fence, wall or hedge of not less than six feet (6') in height. (Ord. 9-7-2000, 9-7-2000)

11-8A-11:		FRONTAGE REQUIREMENTS:

Each commercial zoned lot shall have a minimum frontage of eighty feet (80'), measured along the front property line; except where the lot is located on Main Street between 200 North and 200 South there shall be no minimum frontage requirement. The frontage will be determined by the size of the building or structure, required setbacks, off street parking and vehicular access. (Ord. 2008-4, 4-10-2008)